AN ACT Relating to vacancies in elective office; amending RCW 36.32.070; adding new sections to chapter 42.12 RCW; and providing a contingent effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 36.32.070 and 1990 c 252 s 7 are each amended to read as follows:

Whenever there is a vacancy in the board of county commissioners, except as provided in RCW 36.32.0558, it shall be filled as follows:

(1) If there are three vacancies, the governor of the state shall appoint two of the officers. The two commissioners thus appointed shall then meet and select the third commissioner. ((~~If the two appointed commissioners fail to agree upon selection of the third after the expiration of five days from the day they were appointed, the governor shall appoint the remaining commissioner~~)) The vacancies shall be filled in accordance with Article II, section 15 of the state Constitution and section 2 of this act.

(2) Whenever there are two vacancies in the office of county commissioner, the governor shall appoint one commissioner, and the two commissioners then in office shall appoint the third commissioner. ((~~If they fail to agree upon a selection after the expiration of five days from the day of the governor's appointment, the governor shall appoint the third commissioner~~)) The vacancies shall be filled in accordance with Article II, section 15 of the state Constitution and section 2 of this act.

(3) Whenever there is one vacancy in the office of county commissioner, the two remaining commissioners shall fill the vacancy((~~. If the two commissioners fail to agree upon a selection after the expiration of five days from the day the vacancy occurred, the governor shall appoint the third commissioner~~)) in accordance with Article II, section 15 of the state Constitution and section 2 of this act.

NEW SECTION. Sec. 2. A new section is added to chapter 42.12 RCW to read as follows:

(1) A state or county central committee submitting a list of nominees under Article II, section 15 of the state Constitution shall do so within fourteen days of the occurrence of the vacancy.

(2) A county legislative authority or jointly meeting county legislative authorities making an appointment under Article II, section 15 of the state Constitution shall do so within twenty-eight days of the occurrence of the vacancy.

(3) Except as provided in subsection (4) of this section, an appointment made by the governor under Article II, section 15 of the state Constitution shall be made within forty-two days of the occurrence of the vacancy.

(4) An appointment made by the governor under Article II, section 15 of the state Constitution to establish a majority of filled positions on a county legislative authority shall be made within twenty-eight days of the occurrence of the vacancy creating a minority of filled positions.

NEW SECTION. Sec. 3. A new section is added to chapter 42.12 RCW to read as follows:

(1) A county's share of the total vote which may be cast to fill a vacancy shall be the county's percentage of the district-wide vote for the office at the last election. This percentage shall be determined by dividing the total number of votes cast in the county by the total number of votes cast within the district and rounding off to the nearest one percent.

(2) A county's share of the total vote shall be divided equally among the members of the county legislative authority. Each member shall be entitled to cast his or her vote portion in a district-wide selection process. In this process, votes shall be counted district-wide by accumulating the total of all members' portions.

(3) The person who receives a vote representing more than half of the total of all counties' voting percentages shall be appointed to fill the vacancy.

NEW SECTION. Sec. 4. This act shall take effect December 1, 1992, if the proposed amendment to Article II, section 15 of the state Constitution, House Joint Resolution No. 4227, modifying methods for filling vacancies in the legislature or county elective office, is validly submitted to and is approved and ratified by the voters at a general election held in November 1992. If the proposed amendment is not so approved and ratified, this act shall be null and void in its entirety.