Brief Description: Amending the Constitution to require election of superior court judges at the general election.

Sponsors: Representatives Hinkle, Campbell and B. Sullivan.

Hearing Date: 1/19/05

Staff: James Allen (786-7114).

Background:

Article IV, section 29 of Washington's Constitution governs elections of superior court judges.
First, in counties with a population of 100,000 or more, if a candidate for superior court judge is the only candidate for the position after the last day for candidates to withdraw, then he or she receives a certificate of election. No primary or general election is held in those circumstances.

Second, in any county, if after a contested primary for a superior court position only one candidate is entitled to have his or her name appear on the general election ballot, then a general election is not held for that position, and that candidate receives a certificate of election. In such a case a general election must be held, however, if the county auditor receives notice that a write-in candidacy will take place and a petition to that effect is filed.

The elections statutes provide that a candidate for superior court judge is entitled to have only his or her name appear on the general election ballot if that candidate receives a majority of votes cast for that position.

Summary of Bill:

The Washington Constitution's provisions regarding election of superior court judges are amended. The provision is removed that authorized issuance of certificate of election to a superior court candidate who was entitled to have only his or her name appear on the ballot after a contested primary. The provisions regarding filing a petition for a write-in candidacy are also removed. The bill does not change the constitutional provision that allows a certificate of election to be issued to a candidate for superior court judge who is the only candidate for the position after the last day for candidates to withdraw in counties with a population of 100,000 or more

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: Takes effect immediately if ratified by the voters at the 2005 general election.