H 0620

H‑0620.4 _____________________________________________

HOUSE BILL 1225

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Representatives Clements, Wood, B. Chandler, G. Chandler, McMorris, Schindler, Lisk, Boldt, Sump, Mulliken, Schoesler, Benson, D. Schmidt, Armstrong, Delvin and Skinner

Read first time 01/22/2001. Referred to Committee on State Government.

_1 AN ACT Relating to establishing two senatorial districts in

_2 Washington; amending RCW 44.05.020, 44.05.100, 44.05.120, and

_3 29.15.025; adding a new section to chapter 44.05 RCW; adding a new

_4 section to chapter 29.15 RCW; and providing for submission of this

_5 act to a vote of the people.

_6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_7 NEW SECTION. Sec. 1. A new section is added to chapter 44.05

_8 RCW to read as follows:

_9 (1) The redistricting commission shall establish two United

10 States senatorial districts within the state of Washington. The

11 districts must be submitted as part of the redistricting plan

12 established under this chapter, and for purposes of adoption,

13 modification, or challenge are subject to the procedural

14 requirements of this chapter.

15 (2) The two senatorial districts must have populations as

16 nearly equal as is practicable, excluding nonresident military

17 personnel, based on the population reported in the decennial

18 census.

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_1 (3) To the extent consistent with subsection (1) of this

_2 section, the commission should, insofar as practical, ensure:

_3 (a) District lines are drawn so as to coincide with the

_4 boundaries of local political subdivisions and areas recognized as

_5 communities of interest;

_6 (b) Districts are composed of convenient, contiguous, and

_7 compact territory;

_8 (c) Districts, to the extent possible, share a common land

_9 border or geographical boundary running north and south; and

10 (d) Whenever practicable, a precinct must be wholly within a

11 single senatorial district.

12 (4) The redistricting commission shall assign one senatorial

13 district to each of the United States senate positions in this

14 state.

15 NEW SECTION. Sec. 2. A new section is added to chapter 29.15

16 RCW to read as follows:

17 (1) A person may not declare his or her candidacy for United

18 States senator in a senatorial district other than the one in

19 which he or she is properly registered to vote.

20 (2) A candidate for United States senator must be elected on a

21 statewide basis, regardless of the senatorial district he or she

22 represents.

23 Sec. 3. RCW 44.05.020 and 1983 c 16 s 2 are each amended to read

24 as follows:

25 The definitions set forth in this section apply throughout this

26 chapter, unless the context requires otherwise.

27 (1) "Chief election officer" means the secretary of state.

28 (2) "Federal census" means the decennial census required by

29 federal law to be prepared by the United States bureau of the

30 census in each year ending in zero.

31 (3) "Lobbyist" means an individual required to register with

32 the Washington public disclosure commission pursuant to RCW

33 42.17.150.

34 (4) "Plan" means a plan for legislative and congressional

35 redistricting mandated by Article II, section 43 of the state

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_1 Constitution, and senatorial redistricting mandated by section 1

_2 of this act.

_3 Sec. 4. RCW 44.05.100 and 1995 c 88 s 1 are each amended to read

_4 as follows:

_5 (1) Upon approval of a redistricting plan by three of the

_6 voting members of the commission, but not later than December 15th

_7 of the year ending in one, the commission shall submit the plan to

_8 the legislature.

_9 (2) After submission of the plan by the commission, the

10 legislature shall have the next thirty days during any regular or

11 special session to amend the commission's plan. If the legislature

12 amends the commission's plan the legislature's amendment must be

13 approved by an affirmative vote in each house of two-thirds of the

14 members elected or appointed thereto, and may not include more

15 than two percent of the population of any legislative, senatorial,

16 or congressional district.

17 (3) The plan approved by the commission, with any amendment

18 approved by the legislature, shall be final upon approval of such

19 amendment or after expiration of the time provided for legislative

20 amendment by subsection (2) of this section whichever occurs

21 first, and shall constitute the districting law applicable to this

22 state for legislative, senatorial, and congressional elections,

23 beginning with the next elections held in the year ending in

24 two. This plan shall be in force until the effective date of the

25 plan based upon the next succeeding federal decennial census or

26 until a modified plan takes effect as provided in RCW

27 44.05.120(6).

28 (4) If three of the voting members of the commission fail to

29 approve and submit a plan within the time limitations provided in

30 subsection (1) of this section, the supreme court shall adopt a

31 plan by March 1st of the year ending in two. Any such plan approved

32 by the court is final and constitutes the districting law

33 applicable to this state for legislative, senatorial, and

34 congressional elections, beginning with the next election held in

35 the year ending in two. This plan shall be in force until the

36 effective date of the plan based on the next succeeding federal

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_1 decennial census or until a modified plan takes effect as provided

_2 in RCW 44.05.120(6).

_3 Sec. 5. RCW 44.05.120 and 1983 c 16 s 12 are each amended to read

_4 as follows:

_5 (1) If a commission has ceased to exist, the legislature may,

_6 upon an affirmative vote in each house of two-thirds of the

_7 members elected or appointed thereto, adopt legislation

_8 reconvening the commission for the purpose of modifying the

_9 redistricting plan.

10 (2) RCW 44.05.050 governs the eligibility of persons to serve

11 on the reconvened commission. A vacancy involving a voting member

12 of the reconvened commission shall be filled by the person who

13 made the initial appointment, or their successor, within fifteen

14 days after the effective date of the legislation reconvening the

15 commission. A vacancy involving the nonvoting member of the

16 commission shall be filled by an affirmative vote of at ((~~lease~~

17 ~~[least]~~)) least three of four voting members, within fifteen days

18 after all other vacancies are filled or, if no other vacancies

19 exist, within fifteen days after the effective date of the

20 legislation reconvening the commission. A subsequent vacancy on a

21 reconvened commission shall be filled by the person or persons who

22 made the initial appointment, or their successor, within fifteen

23 days after the vacancy occurs. If any appointing authority fails to

24 make a required appointment within the time limitations

25 established by this subsection, within five days after that date

26 the supreme court shall make the required appointment.

27 (3) The provisions of RCW 44.05.070 and 44.05.080 are

28 applicable if a commission is reconvened under this section.

29 (4) The commission shall complete the modification to the

30 redistricting plan as soon as possible, but no later than sixty

31 days after the effective date of the legislation reconvening the

32 commission. At least three of the voting members shall approve the

33 modification to the redistricting plan.

34 (5) Following approval of a modification to the redistricting

35 plan by the commission, the legislature has the next thirty days

36 during any regular or special session to amend the commission's

37 modification. Any amendment by the legislature must be approved by

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_1 an affirmative vote in each house of two-thirds of the members

_2 elected or appointed thereto. No amendment by the legislature may

_3 include more than two percent of the population of any

_4 legislative, senatorial, or congressional district contained in

_5 the commission's modification.

_6 (6) The commission's modification to the redistricting plan,

_7 with any amendments approved by the legislature, shall be final

_8 upon approval of the amendments or after expiration of the time

_9 provided for legislative amendment by subsection (5) of this

10 section, whichever occurs first.

11 (7) Following the period provided by subsection (4) of this

12 section for the commission's approval of a modification to the

13 redistricting plan, the commission shall take all necessary steps

14 to conclude its business and cease operations in accordance with

15 RCW 44.05.110(1). A reconvened commission shall cease to exist

16 ninety days after the effective date of the legislation

17 reconvening the commission, unless the supreme court extends the

18 commission's term.

19 Sec. 6. RCW 29.15.025 and 1999 c 298 s 9 are each amended to read

20 as follows:

21 (1) A person filing a declaration and affidavit of candidacy

22 for an office shall, at the time of filing, be a registered voter

23 and possess the qualifications specified by law for persons who

24 may be elected to the office.

25 (2) The name of a candidate for an office shall not appear on a

26 ballot for that office unless, except as provided in RCW 3.46.067

27 and 3.50.057, the candidate is, at the time the candidate's

28 declaration and affidavit of candidacy is filed, properly

29 registered to vote in the geographic area represented by the

30 office. For the purposes of this section, each geographic area in

31 which registered voters may cast ballots for an office is

32 represented by that office. If a person elected to an office must

33 be nominated from a district or similar division of the geographic

34 area represented by the office, the name of a candidate for the

35 office shall not appear on a primary ballot for that office unless

36 the candidate is, at the time the candidate's declaration and

37 affidavit of candidacy is filed, properly registered to vote in

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_1 that district or division. The officer with whom declarations and

_2 affidavits of candidacy must be filed under this title shall

_3 review each such declaration filed regarding compliance with this

_4 subsection.

_5 (3) This section does not apply to the office of a member of

_6 the United States congress, except as provided in section 2 of

_7 this act.

_8 NEW SECTION. Sec. 7. The secretary of state shall submit this

_9 act to the people for their adoption and ratification, or

10 rejection, at the next general election to be held in this state,

11 in accordance with Article II, section 1 of the state Constitution

12 and the laws adopted to facilitate its operation.

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