SENATE BILL REPORT

SB 5900

BYSenator Anderson

Establishing a procedure to expand the electorate of water and sewer districts.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 28, 1989; January 23, 1990

Majority Report:  Do pass.

      Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; DeJarnatt, Patrick.

Minority Report:  Do not pass.

      Signed by Senator Sutherland.

Senate Staff:Rod McAulay (786-7754); Eugene Green (786-7405)

                  February 8, 1990

AS PASSED SENATE, FEBRUARY 7, 1990

BACKGROUND:

Local governments have difficulties in filling governing bodies because few persons are willing to serve.  This problem arises most frequently in special purpose districts serving small populations.

It is suggested that sewer and water districts that experience this problem should have the option of expanding the district electorate to enable nonresident property owners to cast votes and serve as commissioner.

Currently, only residents are eligible to vote in sewer and water district elections and to serve as commissioner.  This is the case in most types of special purpose districts.  In some special purpose districts, voting rights are restricted to property owners, who may or may not be residents of the district.

SUMMARY:

A sewer district or water district having 50 or fewer residents may, by resolution of its board of commissioners, expand the electorate of the district to include Washington registered voters and agents of domestic corporations and partnerships that hold title to real property within the district.  Nonresident property owners who have held title to property within the district for at least 60 days preceding a district election are eligible to vote.

Nonresident property owners or their agents are eligible to seek the office of district commissioner if they have held title to property in the district for at least 60 days at the time of the filing of their declaration of candidacy.  The county auditor may require evidence of eligibility to file the declaration of candidacy.  Authorized agents of corporations and partnerships must submit their instrument of authority with the auditor when they file a declaration of candidacy.

Nonresident property owners will vote by absentee ballot.  Requests for absentee ballots must be received by the county auditor at least 30 days prior to a district election.  The auditor may require evidence of eligibility to vote.  A request for an absentee ballot by the agent of a corporation or partnership must be accompanied by their instrument of authority.

Nonresident property owners may cast votes and be eligible to hold district office only so long as the resident population of the district is 50 or fewer residents.  If the number of residents increases to more than 50, commissioner positions held by nonresident property owners will be deemed vacant and filled by appointment of a resident district voter.

Sewer and water districts with expanded electorates must prepare and maintain a list of presumed eligible voters, including the names of owners of property within the district.  The district must attempt to notify property owners of the requirements necessary to establish their authority to vote.  A copy of the list will be provided to the county auditor.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Maralee Smith, Whatcom County Water District  16