AN ACT
Relating to special elections; amending RCW 29.13.010 and 29.13.020; and
declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
29.13.010 and 1989 c 4 s 9 are each amended to read as follows:
(1)
All state, county, city, town, and district general elections for the election
of federal, state, legislative, judicial, county, city, town, district, and
precinct officers, and for the submission to the voters of the state, county,
city, town, or district of any measure for their adoption and approval or
rejection, shall be held on the first Tuesday after the first Monday of
November, in the year in which they may be called. A state-wide general
election shall be held on the first Tuesday after the first Monday of November
of each year: PROVIDED, That the state-wide general election held in
odd-numbered years shall be limited to (((1))) (a) city, town,
and district general elections as provided for in RCW 29.13.020 ((as now or
hereafter amended)), or as otherwise provided by law; (((2))) (b)
the election of federal officers for the remainder of any unexpired terms in
the membership of either branch of the congress of the United States; (((3)))
(c) the election of state and county officers for the remainder of any
unexpired terms of offices created by or whose duties are described in Article
II, section 15, Article III, sections 16, 17, 19, 20, 21, 22, and 23, and
Article IV, sections 3 and 5 of the state Constitution and RCW 2.06.080; (((4)))
(d) the election of county officers in any county governed by a charter
containing provisions calling for general county elections at this time; and (((5)))
(e) the approval or rejection of state measures, including proposed
constitutional amendments, matters pertaining to any proposed constitutional
convention, initiative measures and referendum measures proposed by the
electorate, referendum bills, and any other matter provided by the legislature
for submission to the electorate((: PROVIDED FURTHER, That this section
shall not be construed as fixing the time for holding primary elections, or
elections for the recall of any elective public officer: PROVIDED HOWEVER,
That the)).
(2)
A county legislative authority may, if ((they)) it deems
an emergency to exist, call a special county election by presenting a
resolution to the county auditor at least forty-five days prior to the proposed
election date. Except as provided in subsection (4) of this section, a
special election called by the county legislative authority shall be held on
one of the following dates as decided by such governing body:
(a)
The first Tuesday after the first Monday in February;
(b)
The second Tuesday in March;
(c)
The first Tuesday after the first Monday in April;
(d)
The ((fourth)) third Tuesday in May;
(e)
The day of the primary as specified by RCW 29.13.070; or
(f)
The first Tuesday after the first Monday in November.
(3)
In addition to the dates set forth in subsection (2)(a) through (f) ((above))
of this section, a special election to validate an excess levy or bond
issue may be called at any time to meet the needs resulting from failure of a
county to pass a special levy for the first time or from fire, flood, earthquake,
or other act of God. Such county special election shall be noticed and
conducted in the manner provided by law.
(4)
In a presidential election year, if a presidential preference primary is
conducted in February, March, April, or May under chapter 29.19 RCW, the date
on which a special election may be called by the county legislative authority
under subsection (2) of this section during the month of that primary is the
date of the presidential primary.
(5)
This section shall supersede the provisions of any and all other statutes,
whether general or special in nature, having different dates for such city,
town, and district elections, the purpose of this section being to establish
mandatory dates for holding elections except for those elections held pursuant
to a home-rule charter adopted under Article XI, section 4 of the state
Constitution. This section shall not be construed as fixing the time for
holding primary elections, or elections for the recall of any elective public
officer.
Sec.
2. RCW
29.13.020 and 1990 c 33 s 562 are each amended to read as follows:
(1)
All city, town, and district general elections shall be held throughout the
state of Washington on the first Tuesday following the first Monday in November
in the odd-numbered years.
This
section shall not apply to:
(a)
Elections for the recall of any elective public officer;
(b)
Public utility districts or district elections at which the ownership of
property within those districts is a prerequisite to voting, all of which
elections shall be held at the times prescribed in the laws specifically
applicable thereto;
(c)
Consolidation proposals as provided for in RCW 28A.315.280 and nonhigh capital
fund aid proposals as provided for in chapter 28A.540 RCW.
(2)
The county auditor, as ex officio supervisor of elections, upon request in the
form of a resolution of the governing body of a city, town, or district,
presented to ((him)) the auditor at least forty-five days prior
to the proposed election date, may, if ((he)) the county auditor
deems an emergency to exist, call a special election in such city, town, or
district, and for the purpose of such special election he or she may
combine, unite, or divide precincts. Except as provided in subsection (3)
of this section, such a special election ((called by such governing body))
shall be held on one of the following dates as decided by the governing body:
(a)
The first Tuesday after the first Monday in February;
(b)
The second Tuesday in March;
(c)
The first Tuesday after the first Monday in April;
(d)
The ((fourth)) third Tuesday in May;
(e)
The day of the primary election as specified by RCW 29.13.070; or
(f)
The first Tuesday after the first Monday in November.
(3)
In a presidential election year, if a presidential preference primary is
conducted in February, March, April, or May under chapter 29.19 RCW, the date
on which a special election may be called under subsection (2) of this section
during the month of that primary is the date of the presidential primary.
(4)
In addition to subsection (2)(a) through (f) ((above)) of this
section, a special election to validate an excess levy or bond issue may be
called at any time to meet the needs resulting from failure of a school or
junior taxing district to pass a special levy or bond issue for the first time
or from fire, flood, earthquake, or other act of God, except that no special
election may be held between the first day for candidates to file for public
office and the last day to certify the returns of the general election other
than as provided in subsection (2) (e) and (f) of this ((subsection))
section. Such special election shall be conducted and notice thereof
given in the manner provided by law.
(5)
This section shall supersede the provisions of any and all other statutes,
whether general or special in nature, having different dates for such city,
town, and district elections, the purpose of this section being to establish
mandatory dates for holding elections.
NEW
SECTION. Sec. 3. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
