6002-S.E AMH IRWI H4336.2
ESSB 6002 - H AMD 1167
By Representative Irwin
OUT OF ORDER 02/27/2018
Strike everything after the enacting clause and insert the following:
NEW SECTION.  Sec. 101.  "The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "District-based elections" means a method of electing members to the governing body of a political subdivision in which the candidate must reside within an election district that is a divisible part of the political subdivision and is elected only by voters residing within that election district.
(2) "Political subdivision" means any county, city, town, or district, that includes an elected multimember governing body, but does not include the state.
NEW SECTION.  Sec. 201.  (1) Any political subdivision that conducts an election pursuant to state, county, or local law, is authorized to implement a district-based election system.
(2) If a political subdivision invokes its authority under this section to implement a district-based election system, the districts shall be drawn in a manner consistent with section 202 of this act.
NEW SECTION.  Sec. 202.  (1) Prior to the adoption of its proposed plan, the political subdivision shall provide full and reasonable public notice of its actions. The political subdivision shall hold at least one public hearing on the proposed plan at least one week before adoption.
(2)(a) If the political subdivision invokes its authority under this section and the plan is adopted during the period of time between the first Tuesday after the first Monday of November and on or before January 15th of the following year, the political subdivision shall order new elections to occur at the next succeeding general election.
(b) If the political subdivision invokes its authority under this section and the plan is adopted during the period of time between January 16th and on or before the first Monday of November, the next election will occur as scheduled and organized under the current electoral system, but the political subdivision shall order new elections to occur pursuant to the remedy at the general election the following calendar year.
(3) If a political subdivision implements a district-based election system, the plan shall be consistent with the following criteria:
(a) Each district shall be as reasonably equal in population as possible to each and every other such district comprising the political subdivision.
(b) Each district shall be reasonably compact.
(c) Each district shall consist of a geographically contiguous area.
(d) To the extent feasible, the district boundaries shall coincide with existing recognized natural boundaries and shall, to the extent possible, preserve existing communities of related and mutual interest.
(e) District boundaries may not be drawn or maintained in a manner that denies a protected class an equal opportunity to elect candidates of its choice or an equal opportunity to influence the outcome of an election.
(4) Within forty-five days after receipt of federal decennial census information applicable to a specific local area, the commission established in RCW 44.05.030 shall forward the census information to each political subdivision that has invoked its authority under this section to implement a district-based election system.
(5) No later than eight months after its receipt of federal decennial census data, the governing body of the political subdivision that had previously invoked its authority under this section to implement a district-based election system shall prepare a plan for redistricting its districts, pursuant to RCW 29A.76.010, and in a manner consistent with this act.
NEW SECTION.  Sec. 203.  A new section is added to chapter 28A.343 RCW to read as follows:
The school board of directors may authorize a change to its electoral system pursuant to section 201 of this act. Any staggering of directors' terms shall be accomplished as provided in RCW 28A.343.030 and 28A.343.600 through 28A.343.650.
Sec. 204.  RCW 36.32.020 and 1982 c 226 s 4 are each amended to read as follows:
The board of county commissioners of each county shall divide their county into three commissioner districts so that each district shall comprise as nearly as possible one-third of the population of the county: PROVIDED, That the territory comprised in any voting precincts of such districts shall remain compact, and shall not be divided by the lines of said districts.
However, the commissioners of any county composed entirely of islands and with a population of less than thirty-five thousand may divide their county into three commissioner districts without regard to population, except that if any single island is included in more than one district, the districts on such island shall comprise, as nearly as possible, equal populations.
The commissioners of any county may authorize a change to their electoral system pursuant to section 201 of this act. The lines of the districts shall not be changed ((oftener)) more often than once in four years and only when a full board of commissioners is present. The districts shall be designated as districts numbered one, two and three.
Sec. 205.  RCW 36.32.040 and 1982 c 226 s 5 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, the qualified electors of each county commissioner district, and they only, shall nominate from among their own number, candidates for the office of county commissioner of such commissioner district to be voted for at the following general election. Such candidates shall be nominated in the same manner as candidates for other county and district offices are nominated in all other respects.
(2) Where the commissioners of a county composed entirely of islands with a population of less than thirty-five thousand have chosen to divide the county into unequal-sized commissioner districts pursuant to the exception provided in RCW 36.32.020, the qualified electors of the entire county shall nominate from among their own number who reside within a commissioner district, candidates for the office of county commissioner of such commissioner district to be voted for at the following general election. Such candidates shall be nominated in the same manner as candidates for other county offices are nominated in all other respects.
(3) The commissioners of any county may authorize a change to their electoral system pursuant to section 201 of this act.
NEW SECTION.  Sec. 206.  A new section is added to chapter 35.21 RCW to read as follows:
The legislative authority of a city or town may authorize a change to its electoral system pursuant to section 201 of this act.
NEW SECTION.  Sec. 207.  A new section is added to chapter 35A.21 RCW to read as follows:
The legislative authority of a code city or town may authorize a change to its electoral system pursuant to section 201 of this act.
NEW SECTION.  Sec. 208.  A new section is added to chapter 52.14 RCW to read as follows:
The board of fire commissioners of a fire protection district may authorize a change to its electoral system pursuant to section 201 of this act by majority vote.
NEW SECTION.  Sec. 209.  A new section is added to chapter 53.12 RCW to read as follows:
The port commission may authorize a change to its electoral system pursuant to section 201 of this act.
Sec. 210.  RCW 54.12.010 and 2004 c 113 s 1 are each amended to read as follows:
A public utility district that is created as provided in RCW 54.08.010 shall be a municipal corporation of the state of Washington, and the name of such public utility district shall be Public Utility District No. . . . . of . . . . . . County.
The powers of the public utility district shall be exercised through a commission consisting of three members in three commissioner districts, and five members in five commissioner districts.
(1) If the public utility district is countywide and the county has three county legislative authority districts, then, at the first election of commissioners and until any change is made in the boundaries of public utility district commissioner districts, one public utility district commissioner shall be chosen from each of the three county legislative authority districts.
(2) If the public utility district comprises only a portion of the county, with boundaries established in accordance with chapter 54.08 RCW, or if the public utility district is countywide and the county does not have three county legislative authority districts, three public utility district commissioner districts, numbered consecutively, each with approximately equal population and following precinct lines, as far as practicable, shall be described in the petition for the formation of the public utility district, subject to appropriate change by the county legislative authority if and when it changes the boundaries of the proposed public utility district. One commissioner shall be elected as a commissioner of each of the public utility district commissioner districts.
(3) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district. Only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire public utility district may vote at a general election to elect a person as a commissioner of the commissioner district.
(4) The term of office of each public utility district commissioner other than the commissioners at large shall be six years, and the term of each commissioner at large shall be four years. Each term shall be computed in accordance with RCW ((29A.20.040)) 29A.60.280 following the commissioner's election. All public utility district commissioners shall hold office until their successors shall have been elected and have qualified and assume office in accordance with RCW ((29A.20.040)) 29A.60.280.
(5) A vacancy in the office of public utility district commissioner shall occur as provided in chapter 42.12 RCW or by nonattendance at meetings of the public utility district commission for a period of sixty days unless excused by the public utility district commission. Vacancies on a board of public utility district commissioners shall be filled as provided in chapter 42.12 RCW.
(6) The boundaries of the public utility district commissioner districts may be changed only by the public utility district commission, and shall be examined every ten years to determine substantial equality of population in accordance with chapter 29A.76 RCW. Except as provided in this section, section 201 of this act, or RCW 54.04.039, the boundaries shall not be changed ((oftener)) more often than once in four years. Boundaries may only be changed when all members of the commission are present. Whenever territory is added to a public utility district under RCW 54.04.035, or added or withdrawn under RCW 54.04.039, the boundaries of the public utility commissioner districts shall be changed to include the additional or exclude the withdrawn territory. Unless the boundaries are changed pursuant to RCW 54.04.039, the proposed change of the boundaries of the public utility district commissioner district must be made by resolution and after public hearing. Notice of the time of the public hearing shall be published for two weeks before the hearing. Upon a referendum petition signed by ten percent of the qualified voters of the public utility district being filed with the county auditor, the county legislative authority shall submit the proposed change of boundaries to the voters of the public utility district for their approval or rejection. The petition must be filed within ninety days after the adoption of resolution of the proposed action. The validity of the petition is governed by the provisions of chapter 54.08 RCW.
NEW SECTION.  Sec. 211.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION.  Sec. 212.  Sections 101, 201, and 202 of this act constitute a new chapter in Title 29A RCW."
Correct the title.
EFFECT: Strikes current language.
Allows any county, city, town, or district, with a multimember governing body, to establish district-based elections.
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