S-0043.2  _______________________________________________

                         SENATE BILL 5058

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senators McCaslin and Haugen

Read first time 01/13/97.  Referred to Committee on Government Operations.

Declaring a vacancy in an elective office when the incumbent files a declaration of candidacy for another office.

    AN ACT Relating to vacancies in elective office; and amending RCW 42.12.010.

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

    Sec. 1.  RCW 42.12.010 and 1994 c 223 s 2 are each amended to read as follows:

    Every elective office shall become vacant on the happening of any of the following events:

    (1) The death of the incumbent;

    (2) His or her resignation.  A vacancy caused by resignation shall be deemed to occur upon the effective date of the resignation;

    (3) His or her removal;

    (4) Except as provided in RCW 3.46.067 and 3.50.057, his or her ceasing to be a legally registered voter of the district, county, city, town, or other municipal or quasi municipal corporation from which he or she shall have been elected or appointed, including where applicable the council district, commissioner district, or ward from which he or she shall have been elected or appointed;

    (5) His or her conviction of a felony, or of any offense involving a violation of his or her official oath;

    (6) His or her refusal or neglect to take his or her oath of office, or to give or renew his or her official bond, or to deposit such oath or bond within the time prescribed by law;

    (7) The decision of a competent tribunal declaring void his or her election or appointment; ((or))

    (8) Whenever a judgment shall be obtained against that incumbent for breach of the condition of his or her official bond; or

(9) Whenever the incumbent files a declaration of candidacy for any public elective office, whether federal, state, or local, for a term that commences more than seventy-five days before the completion of the incumbent's current term of office, unless the declaration of candidacy is filed at the request of the incumbent's political party during the week following the regular filing period when no candidate of that party filed for the office.

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