Read first time 01/28/2003.   Referred to Committee on Local Government.

     AN ACT Relating to filling vacancies in office; amending RCW 36.16.110, 36.32.0558, 36.32.070, and 42.12.040; and providing a contingent effective date.

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

Sec. 1   RCW 36.16.110 and 1963 c 4 s 36.16.110 are each amended to read as follows:
     The ((board of)) county ((commissioners)) legislative authority in each county shall, at its next regular or special meeting after being appraised of any vacancy in any county, township, precinct, or road district office of the county, fill the vacancy by the appointment of some person qualified to hold such office, and the officers thus appointed shall hold office until the next general election, and until their successors are elected and qualified.
     If a vacancy occurs in a partisan county office after the general election in a year that the position appears on the ballot and before the start of the next term, the term of the successor who is of the same party as the incumbent may commence once he or she has qualified as defined in RCW 29.01.135 and shall continue through the term for which he or she was elected.

Sec. 2   RCW 36.32.0558 and 1990 c 252 s 6 are each amended to read as follows:
     Vacancies on a board of county commissioners consisting of five members shall be filled as provided in RCW 36.32.070, except that:
     (1) Whenever there are three or more vacancies, the governor shall appoint one or more commissioners until there are a total of three commissioners;
     (2) Whenever there are two vacancies, the three commissioners shall fill one of the vacancies; ((and))
     (3) Whenever there is one vacancy, the four commissioners shall fill the single vacancy; and
     (4) Whenever there is a vacancy after the general election in a year that the position appears on the ballot and before the start of the next term, the term of the successor who is of the same party as the incumbent may commence once he or she has qualified as defined in RCW 29.01.135 and shall continue through the term for which he or she was elected.

Sec. 3   RCW 36.32.070 and 1990 c 252 s 7 are each amended to read as follows:
     Whenever there is a vacancy in the board of county commissioners, except as provided in RCW 36.32.0558, it shall be filled as follows:
     (1) If there are three vacancies, the governor of the state shall appoint two of the officers. The two commissioners thus appointed shall then meet and select the third commissioner. If the two appointed commissioners fail to agree upon selection of the third after the expiration of five days from the day they were appointed, the governor shall appoint the remaining commissioner.
     (2) Whenever there are two vacancies in the office of county commissioner, the governor shall appoint one commissioner, and the two commissioners then in office shall appoint the third commissioner. If they fail to agree upon a selection after the expiration of five days from the day of the governor's appointment, the governor shall appoint the third commissioner.
     (3) Whenever there is one vacancy in the office of county commissioner, the two remaining commissioners shall fill the vacancy. If the two commissioners fail to agree upon a selection after the expiration of five days from the day the vacancy occurred, the governor shall appoint the third commissioner.
     (4) Whenever there is a vacancy in the office of county commissioner after the general election in a year that the position appears on the ballot and before the start of the next term, the term of the successor who is of the same party as the incumbent may commence once he or she has qualified as defined in RCW 29.01.135 and shall continue through the term for which he or she was elected.

Sec. 4   RCW 42.12.040 and 2002 c 108 s 2 are each amended to read as follows:
     (1) 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 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 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.
     (2) If a vacancy occurs in any legislative office or in any partisan county office after the general election in a year that the position appears on the ballot and before the start of the next term, the term of the successor who is of the same party as the incumbent may commence once he or she has qualified as defined in RCW 29.01.135 and shall continue through the term for which he or she was elected.

NEW SECTION.  Sec. 5   This act takes effect January 1, 2004, if the proposed amendment to Article II, section 15 of the state Constitution (HJR --) is validly submitted to and is approved and ratified by the voters at a general election held in November 2003. If the proposed amendment is not approved and ratified, this act is void in its entirety.