BP BHEAD INT S [atlas:bill]

AN ACT Relating to election procedures; amending RCW 42.12.040, 42.12.070, 29.15.170, 29.15.180, 29.15.160, 29.15.210, 29.15.140, and 29.13.010; and repealing RCW 29.15.150, 29.15.220, 29.15.230, and 29.21.410.

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:

((If)) (1) Except as provided in subsection (2) or (3) of this section, 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 ((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)) in a noncharter county, a judicial office, or the office of the superintendent of public instruction, must be filled at the next state general election occurring forty-five or more days after the date the vacancy occurs.

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. The nomination and election of the successor must conform with the regular process by which a person is nominated and elected to a full term of the office that is vacant, if time permits, including the holding of a primary. However, a primary will not be held if the vacancy occurs less than forty-five days before the special election date when a primary would be held. If needed, special filing periods will be authorized as provided in RCW 29.15.170 and 29.15.180 for qualified persons to file for the vacant office. The elected successor shall take office immediately when qualified under RCW 29.01.135 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.~~))

However, if that general election is the election at which a person would normally be elected to the position that is vacant, a separate primary and general election will not be held, and the person elected at that general election will be elected to fill both the remainder of the unexpired term of office and the succeeding term of office.

(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, special filing periods shall be authorized as provided in RCW 29.15.170 and 29.15.180 for qualified 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 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 take office immediately when qualified as defined in RCW 29.01.135 and shall service both the remainder of the unexpired term and the succeeding term.

Sec. 3. RCW 29.15.170 and 1975-'76 2nd ex.s. c 120 s 10 are each amended to read as follows:

((~~Filings for a nonpartisan office shall be reopened~~)) A special filing period must be opened for a period of three normal business days, ((such three day period to be fixed by the election officer with whom such declarations of candidacy are filed and notice thereof given by notifying press, radio, and television in the county and by such other means as may now or hereafter be provided by law whenever before the fourth Tuesday prior to)) as follows during the period from the close of the normal filing period to forty-five days before a primary:

(1) A special filing period must be opened, starting on the first Wednesday after the close of the normal filing period, if no valid candidate has filed for the office to be filled at the next general election;

(2) A special filing period, as fixed by the election officer with whom the declarations of candidacy are filed for the office, must be opened if a void in candidacy occurs in a nonpartisan office after the close of the normal filing period;

((~~(2)~~)) (3) A special filing period, as fixed by the election officer with whom declarations of candidacy are filed for the office, must be opened if a vacancy occurs in ((~~any nonpartisan~~)) an elective office leaving an unexpired term to be filled by an election for which filings have not been held; or

((~~(3)~~)) (4) A special filing period, as fixed by the election officer with whom declarations of candidacy are filed for the office, must be opened if a nominee for judge of the superior court entitled to a certificate of election pursuant to Article 4, section 29, Amendment 41 of the state Constitution, dies or is disqualified.

Candidacies validly filed within ((~~said~~)) any of these special three-day filing periods shall appear on the ballot as if made during the ((~~earlier~~)) normal filing period.

Sec. 4. RCW 29.15.180 and 1975-'76 2nd ex.s. c 120 s 11 are each amended to read as follows:

((~~Filings for a nonpartisan office (other than judge of the supreme court or superintendent of public instruction) shall be reopened for a period of~~)) A special filing period must be reopened for three normal business days, ((~~such three day period to be~~)) as fixed by the election officer with whom such declarations of candidacy are filed ((~~and notice thereof given by notifying press, radio, and television in the county and by such other means as may now or hereafter be provided by law~~)), when any of the following occur:

(1) A void in candidacy for ((~~such~~)) a nonpartisan office occurs ((~~on or after the fourth Tuesday prior to~~)) during the period from forty-five days before a primary ((~~but prior to the fourth Tuesday before an~~)) to forty-five days before a general election; ((or))

(2) A nominee for judge of the superior court eligible after a contested primary for a certificate of election by Article 4, section 29, Amendment 41 of the state Constitution, dies or is disqualified within the ten-day period when a petition for write-in candidacy may be received; or

(3) A vacancy occurs in any ((~~nonpartisan~~)) office ((~~on or after the fourth Tuesday prior to~~)) during the period from forty-five days before a primary ((~~but prior to the fourth Tuesday before an~~)) to forty-five days before a general election leaving an unexpired term to be filled by an election for which filings have not been held.

The candidate receiving a plurality of the votes cast for that office in the general election shall be deemed elected.

Sec. 5. RCW 29.15.160 and 1975-'76 2nd ex.s. c 120 s 9 are each amended to read as follows:

A void in candidacy for a nonpartisan office occurs when ((~~an election for such office, except for the short term, has been scheduled and no valid declaration of candidacy has been filed for the position or~~)) all persons filing ((~~such~~)) valid declarations of candidacy for the office have died or been disqualified.

Sec. 6. RCW 29.15.210 and 1972 ex.s. c 61 s 5 are each amended to read as follows:

The election officer with whom declarations of candidacy are filed shall give notice of a ((~~void in candidacy for a nonpartisan office,~~)) special filing period by notifying press, radio, and television in the county, district from which the office is nominated or elected, or the state, and by such other means as ((~~may now or hereafter be provided~~)) are required by law. The notice shall state the office, and the time and place for filing declarations of candidacy.

Declarations of candidacy are made during a special filing period in the same manner as during the normal filing period.

Sec. 7. RCW 29.15.140 and 1990 c 59 s 92 are each amended to read as follows:

If at the same election there are short terms or full terms and unexpired terms of office to be filled, the filing officer shall distinguish them and designate the short term, the full term, and the unexpired term, as such, or by use of the words "short term," "unexpired two year term," or "four year term," as the case may be.

In filing the declaration of candidacy in such cases the candidate shall specify that the candidacy is for the short term, the full term, or the unexpired term. If a vacancy in the office that is sought occurs after the time when a filing would be for both a "short term and full term," it will be assumed that the filling for the "full term" constitutes filing for both a "short term and full term."

When both a short term and a full term for the same position are scheduled to be voted upon, or when a short term is created after the close of the filing period, a single declaration of candidacy accompanied by a single filing fee shall be construed as a filing for both the short term and the full term and the name of such candidate shall appear upon the ballot for the position sought with the designation "short term and full term." The candidate elected to both such terms shall be sworn into and assume office for the short term as soon as the election returns have been certified and shall again be sworn into office on ((~~the second Monday in January following the election to assume office for the~~)) or before the time when a person normally would be sworn into a full term of the office.

Sec. 8. RCW 29.13.010 and 1994 c 142 s 1 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 (a) city, town, and district general elections as provided for in RCW 29.13.020, or as otherwise provided by law; (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; (c) the election of state and county officers and judicial officials 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; (d) the election of county officers in any county governed by a charter containing provisions calling for general county elections at this time)); and ((~~(e)~~)) (d) 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~~)) state voters, referendum bills, and any other matter provided by the legislature for submission to the ((~~electorate~~)) state voters.

(2) A county legislative authority may((~~, if 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 otherwise 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;

(d) The 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)~~)) of this section, a county legislative authority may call a special election to ((~~validate~~)) be held at any time for the purpose of authorizing an excess levy, or a bond issue ((~~may be called at any time~~)) and excess levies to retire the bond issue, to meet the needs resulting 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~~)) must be held as provided in chapter 29.19 RCW, ((~~the date on which a special election may be called by~~)) and the county legislative authority ((~~under subsection (2) of this section during the month of that primary is the date of the~~)) may call a special election to be held on the presidential primary date.

(5) This section ((~~shall~~)) supersedes the provisions of any and all other statutes, whether general or special in nature, having different dates for ((~~such~~)) state, county, city, town, ((~~and~~)) or 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)) other than a special election called by legislation at which a referendum measure or measure authorizing state indebtedness is submitted to state voters or a special election for the recall of any elective public officer held under RCW 29.82.100.

NEW SECTION. Sec. 9. The following acts or parts of acts are each repealed:

(1) RCW 29.15.150 and 1973 c 4 s 3;

(2) RCW 29.15.220 and 1972 ex.s. c 61 s 6;

(3) RCW 29.15.230 and 1981 c 180 s 2; and

(4) RCW 29.21.410 and 1972 ex.s. c 61 s 7.