H-4659.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 2196

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By House Committee on Government Operations (originally sponsored by Representatives Foreman, Pennington, Hymes, Carrell, Campbell, Fuhrman, Hickel and McMahan)

Read first time 01/30/96. 

Limiting terms of state-wide elected officials.

     AN ACT Relating to term limits for state-wide elected officials; amending RCW 29.51.173, 29.15.240, and 7.16.370; and adding a new section to chapter 43.01 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 43.01 RCW to read as follows:

     (1) No person is eligible to appear on the ballot or file a declaration of candidacy for secretary of state who, by the end of the then current term of office will have served, or but for resignation would have served, as secretary of state during eight of the previous fourteen years.

     (2) No person is eligible to appear on the ballot or file a declaration of candidacy for treasurer who, by the end of the then current term of office will have served, or but for resignation would have served, as treasurer during eight of the previous fourteen years.

     (3) No person is eligible to appear on the ballot or file a declaration of candidacy for auditor who, by the end of the then current term of office will have served, or but for resignation would have served, as auditor during eight of the previous fourteen years.

     (4) No person is eligible to appear on the ballot or file a declaration of candidacy for attorney general who, by the end of the then current term of office will have served, or but for resignation would have served, as attorney general during eight of the previous fourteen years.

     (5) No person is eligible to appear on the ballot or file a declaration of candidacy for superintendent of public instruction who, by the end of the then current term of office will have served, or but for resignation would have served, as superintendent of public instruction during eight of the previous fourteen years.

     (6) No person is eligible to appear on the ballot or file a declaration of candidacy for commissioner of public lands who, by the end of the then current term of office will have served, or but for resignation would have served, as commissioner of public lands during eight of the previous fourteen years.

     (7) No person is eligible to appear on the ballot or file a declaration of candidacy for insurance commissioner who, by the end of the then current term of office will have served, or but for resignation would have served, as insurance commissioner during eight of the previous fourteen years.

     Sec. 2.  RCW 29.51.173 and 1993 c 1 s 6 are each amended to read as follows:

     Nothing in RCW 43.01.015, section 1 of this act, 44.04.015, 29.68.015, or 29.68.016 prohibits a qualified voter of this state from casting a ballot for any person by writing the name of that person on the ballot in accordance with RCW ((29.51.170)) 29.62.180 or from having such a ballot counted or tabulated, nor does anything in RCW 43.01.015, 44.04.015, 29.68.015, or 29.68.016 prohibit a person from standing or campaigning for an elective office by means of a write-in campaign.

     Sec. 3.  RCW 29.15.240 and 1993 c 1 s 7 are each amended to read as follows:

     (1) The secretary of state or other election official authorized by law shall not accept or verify the signatures, nor accept a declaration of candidacy or a nomination paper, from or on behalf of a person who, by reason of RCW 43.01.015, section 1 of this act, 44.04.015, 29.68.015, or 29.68.016, is ineligible for the office, nor allow the person's name to appear on the ballot.

     (2) No terms or years served in office before November 3, 1992, may be used to determine eligibility to appear on the ballot for the offices listed in RCW 43.01.015, 44.04.015, 29.68.015, or 29.68.016.

(3) No terms or years served in office on or before the second Monday in January 1997, may be used to determine eligibility to appear on the ballot for the offices listed in section 1 of this act.

     Sec. 4.  RCW 7.16.370 and 1993 c 1 s 9 are each amended to read as follows:

     Any resident of this state may bring suit to enforce RCW 43.01.015, section 1 of this act, 44.04.015, 29.68.015, 29.68.016, 29.51.173, and 29.15.240 and section 8, chapter 1, Laws of 1993.  If the person prevails, the court shall award the person reasonable attorney's fees and costs of suit.

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