H-3712.1  _______________________________________________

                          HOUSE BILL 2405

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Representatives Gombosky, D. Sommers, Cox and Wood

Read first time 01/12/2000.  Referred to Committee on Local Government.

Specifying election dates for a first class city that changes its form of government.

    AN ACT Relating to election dates for a first class city that changes its form of government; and amending RCW 29.13.020.

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

    Sec. 1.  RCW 29.13.020 and 1994 c 142 s 2 are each amended to read as follows:

    (1) All city, town, and district general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in November in the odd-numbered years.

    This section shall not apply to:

    (a) Elections for the recall of any elective public officer;

    (b) Public utility districts or district elections at which the ownership of property within those districts is a prerequisite to voting, all of which elections shall be held at the times prescribed in the laws specifically applicable thereto;

    (c) Consolidation proposals as provided for in RCW 28A.315.280 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW.

    (2) The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor at least forty-five days prior to the proposed election date, may, if the county auditor deems an emergency to exist, call a special election in such city, town, or district, and for the purpose of such special election he or she may combine, unite, or divide precincts.  Except as provided in subsection (((3))) (4) of this section, such a special election shall be held on one of the following dates as decided by the governing body:

    (a) The first Tuesday after the first Monday in February;

    (b) The second Tuesday in March;

    (c) The fourth Tuesday in April;

    (d) The third Tuesday in May;

    (e) The day of the primary election as specified by RCW 29.13.070; or

    (f) The first Tuesday after the first Monday in November.

    (3) The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a first class city, presented to the auditor at least forty-five days prior to the proposed election date, may call a special election on one of the dates described in subsection (2) of this section as decided by the governing body in such city, for the purpose of electing new municipal officers as a result of an election to change its form of government.

(4)  In a presidential election year, if a presidential preference primary is conducted in February, March, April, or May under chapter 29.19 RCW, the date on which a special election may be called under subsection (2) of this section during the month of that primary is the date of the presidential primary.

    (((4))) (5) In addition to subsection (2)(a) through (f) of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from fire, flood, earthquake, or other act of God, except that no special election may be held between the first day for candidates to file for public office and the last day to certify the returns of the general election other than as provided in subsection (2)(e) and (f) of this section.  Such special election shall be conducted and notice thereof given in the manner provided by law.

    (((5))) (6) This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections.

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