S-3312.1  _______________________________________________

                         SENATE BILL 6529

          _______________________________________________

State of Washington   57th Legislature        2002 Regular Session

By Senators Gardner and Haugen

Read first time 01/21/2002.  Referred to Committee on State & Local Government.

Modifying the time period for holding elections to fill vacancies.

    AN ACT Relating to holding or lapsing elections due to vacancies in public office; and amending RCW 29.15.190 and 42.12.040.

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

    Sec. 1.  RCW 29.15.190 and 1975-'76 2nd ex.s. c 120 s 12 are each amended to read as follows:

    A scheduled election shall be lapsed, the office deemed stricken from the ballot, no purported write-in votes counted, and no candidate certified as elected, when:

    (1) In an election for judge of the supreme court or superintendent of public instruction, a void in candidacy occurs on or after the ((fourth)) sixth Tuesday prior to a primary, public filings and the primary being an indispensable phase of the election process for such offices;

    (2) Except as otherwise specified in RCW 29.15.180, as now or hereafter amended, 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 on or after the ((fourth)) sixth Tuesday prior to a primary;

    (3) In other elections for nonpartisan office a void in candidacy occurs or a vacancy occurs involving an unexpired term to be filled on or after the ((fourth)) sixth Tuesday prior to an election.

    Sec. 2.  RCW 42.12.040 and 1981 c 180 s 1 are each amended to read as follows:

    If a vacancy occurs in any partisan elective office in the executive or legislative branches of state government or in any partisan county elective office before the ((fourth)) sixth 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)) sixth Tuesday prior to the primary for that general election, the election of the successor shall occur at the next succeeding general election.  The elected successor shall hold office for the remainder of the unexpired term.  This section shall not apply to any vacancy occurring in a charter county which has charter provisions inconsistent with this section.

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