H-0860.1  _______________________________________________

 

                    HOUSE JOINT RESOLUTION 4206

          _______________________________________________

 

State of Washington      54th Legislature     1995 Regular Session

 

By Representatives Benton, Kessler, Buck, Schoesler, Goldsmith, Sheahan, Dickerson, Mulliken and Boldt

 

Read first time 01/24/95.  Referred to Committee on Government Operations.

 

Amending constitutional procedures for filling legislative vacancies.



    BE IT RESOLVED, BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON, IN LEGISLATIVE SESSION ASSEMBLED:

    THAT, At the next general election to be held in this state there shall be submitted to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article II, section 15 of the Constitution of the state of Washington to read as follows:

 

    Article II, section 15.  (1) Such vacancies as may occur in ((either house of the legislature or in)) any partisan county elective office  shall be filled by appointment by the board of county commissioners of the county in which the vacancy occurs: Provided, That the person appointed to fill the vacancy must be from the same ((legislative district,)) county or county commissioner district and the same political party as the ((legislator or)) partisan county elective officer whose office has been vacated, and shall be one of three persons who shall be nominated by the county central committee of that party, and in case a majority of said county commissioners do not agree upon the appointment within sixty days after the vacancy occurs, the governor shall within thirty days thereafter, and from the list of nominees provided for herein, appoint a person who shall be from the same ((legislative district,)) county or county commissioner district and of the same political party as the ((legislator or)) partisan county elective officer whose office has been vacated, and the person so appointed shall hold office until ((his)) a successor is elected at the next general election, and shall have qualified((Provided, That in case of a vacancy occurring in the office of joint senator, or joint representative, the vacancy shall be filled from a list of three nominees selected by the state central committee, by appointment by the joint action of the boards of county commissioners of the counties composing the joint senatorial or joint representative district, the person appointed to fill the vacancy must be from the same legislative district and of the same political party as the legislator whose office has been vacated, and in case a majority of said county commissioners do not agree upon the appointment within sixty days after the vacancy occurs, the governor shall within thirty days thereafter, and from the list of nominees provided for herein, appoint a person who shall be from the same legislative district and of the same political party as the legislator whose office has been vacated.))

    (2)(a) A vacancy in either house of the legislature shall be filled as follows:

    (a) If the legislator whose office has been vacated was elected as a member of a major political party, the vacancy shall be filled by action of a majority of the precinct committee officers of that party in precincts located in the legislative district.  The person who is appointed to fill the vacancy must be from the same legislative district as the legislator whose office has been vacated and shall hold office until a successor is elected at the next general election and qualifies for the office.  The authority to fill the vacancy under this subsection (2)(a) shall be divested and the authority to fill the vacancy shall be made under (b) of this subsection, if the precinct committee officers fail to make the appointment within thirty days after the vacancy occurred, if the vacancy occurred during a regular legislative session, or within the shorter of thirty days after the convening of a legislative session or sixty days after the vacancy occurred, if the vacancy occurred before a regular legislative session.

    (b) In all other instances, the vacancy shall be filled by appointment by the county legislative authority of the county in which the legislative district is located.  If the legislative district is located in more than one county, then the vacancy shall be filled by appointment by members of the county legislative authorities of the counties in which the legislative district is located, with the vote distributed among the members of the county legislative authorities so that the combined vote of all the members of a single county legislative authority is in direct proportion to the percentage of population of the legislative district who reside in that county and each member of that county legislative authority receiving an equal portion of that combined vote.  The person who is appointed must be from the same legislative district as the legislator whose office has been vacated, without regard to political party, and shall hold office until a successor is elected at the next general election and qualifies for the office.  The county legislative authorities shall fill the vacancy within sixty days after the vacancy occurred, or within thirty days after the authority to fill the vacancy reverts from (a) of this subsection.

 

    BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of the foregoing constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.

 

 


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