BP BHEAD INT S [atlas:bill]

AN ACT Relating to election procedures; and amending RCW 42.12.040, 42.12.070, and 29.15.150.

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

Sec. 1. RCW 42.12.040 and 1981 c 180 s 1 are each amended to read as follows:

(1) Except as provided in subsection (2) or (3) of this section, if a vacancy ((~~occurs~~)) in any partisan elective office in the executive or legislative branches of state government ((~~or in any~~)), a partisan county elective office in a noncharter county, a judicial office, or the office of superintendent of public instruction occurs before the fourth Tuesday prior to the primary for the next general election following the occurrence of the vacancy, a successor shall be elected to that office at that general election. Except during the last year of the term of office, if such a vacancy occurs on or after the fourth Tuesday prior to the primary for that general election, the election of the successor shall occur at the next succeeding general election.

A successor will be elected at that general election to fill the remainder of the unexpired term of office and will succeed the person, if any, who was appointed to fill the vacancy. If needed, the election officer with whom declarations of candidacy are filed for that office shall open a three-day special filing period for persons to file for the vacant office. The elected successor shall be eligible to take office immediately and shall hold office for the remainder of the unexpired term of office. ((~~This section shall not apply to any vacancy occurring in a charter county which has charter provisions inconsistent with this section.~~))

(2) A vacancy in the office of governor will be filled under subsection (1) of this section, except that as provided in Article III, section 10 of the state Constitution, an election to fill a vacancy in the office of governor may only be held at a general election at least thirty days after the date of the vacancy and in an even-numbered year, two years after the commencement of the four-year term of office that has become vacant.

(3) Where applicable, the filling of a vacancy in the office of superior court judge will conform with the procedures of Article IV, section 29 of the state Constitution, for election of persons to that office.

Sec. 2. RCW 42.12.070 and 1994 c 223 s 1 are each amended to read as follows:

A vacancy on an elected nonpartisan governing body of a special purpose district where property ownership is not a qualification to vote, and a vacancy in the office of mayor, any other nonjudicial elective office, or on a governing body of a town, or a city other than a first class city or a charter code city, shall be filled as follows unless the provisions of law relating to the special district, town, or city provide otherwise:

(1) Where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position.

(2) Where two or more positions are vacant and two or more members of the governing body remain in office, the remaining members of the governing body shall appoint a qualified person to fill one of the vacant positions, the remaining members of the governing body and the newly appointed person shall appoint another qualified person to fill another vacant position, and so on until each of the vacant positions is filled with each of the new appointees participating in each appointment that is made after his or her appointment.

(3) If less than two members of a governing body remain in office, the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person or persons to the governing body until the governing body has two members.

(4) If a governing body fails to appoint a qualified person to fill a vacancy within ninety days of the occurrence of the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person to fill the vacancy.

(5) If the county legislative authority of the county fails to appoint a qualified person within one hundred eighty days of the occurrence of the vacancy, the county legislative authority or the remaining members of the governing body of the city, town, or special district may petition the governor to appoint a qualified person to fill the vacancy. The governor may appoint a qualified person to fill the vacancy after being petitioned if at the time the governor fills the vacancy the county legislative authority has not appointed a qualified person to fill the vacancy.

(6) As provided in RCW 29.15.190 and 29.21.410, each person who is appointed shall serve until a qualified person assumes office who is elected at the next general election ((~~at which a member of the governing body~~)) in an odd-numbered year if an election to elect a person to a full term for that office normally ((~~would be elected~~)) is held in an odd-numbered year, or in an even-numbered year if an election to elect a person to a full term for that office normally is held in an even-numbered year, that occurs ((~~twenty-eight~~)) forty-five or more days after the occurrence of the vacancy. If needed, the election officer with whom declarations of candidacy are filed shall open a three-day special filing ((~~periods shall be authorized as provided in RCW 29.15.170 and 29.15.180 for qualified~~)) period for persons to file for the vacant office. A primary shall be held to nominate candidates if sufficient time exists to hold a primary and more than two candidates file for the vacant office. Otherwise, a primary shall not be held and the person receiving the greatest number of votes shall be elected. The person elected shall be eligible to take office immediately and serve the remainder of the unexpired term.

If an election for the position that became vacant would otherwise have been held at this general election date, only one election to fill the position shall be held and the person elected to fill the succeeding term for that position shall be eligible to take office immediately ((~~when qualified as defined in RCW 29.01.135~~)) and shall ((~~service~~)) serve both the remainder of the unexpired term and the succeeding term.

Sec. 3. RCW 29.15.150 and 1973 c 4 s 3 are each amended to read as follows:

Whenever it ((~~shall be~~)) is necessary to hold a special election during the general election in an odd-numbered year to fill an unexpired term of any office ((~~which~~)) that is scheduled to be voted upon for a full term in an even-numbered year, ((no)) a September primary election shall not be held ((~~in the odd-numbered year if~~)) for that office unless, after the last day allowed for candidates to withdraw, ((~~either~~)) any of the following circumstances exist:

(1) ((~~No more than one~~)) The office to be filled is a partisan office in the state executive or legislative branch of state government and two or more candidates, without regard to political party, have filed declarations of candidacy for the office to be filled; or

(2) The office to be filled is any other partisan office and two or more candidates of ((~~each~~)) any qualified political party ((~~has~~)) have filed ((a)) declarations of candidacy for the ((~~same partisan~~)) office to be filled; or

((~~(2) No more than two~~)) (3) The office to be filled is a nonpartisan office and three or more candidates have filed ((a)) declarations of candidacy for ((~~a single nonpartisan~~)) the office to be filled.

In either event, the officer with whom the declarations of candidacy were filed shall immediately notify all candidates concerned and the names of the candidates that would have been printed upon the September primary ballot, but for the provisions of this section, shall be printed as nominees for the positions sought upon the November general election ballot.