SB 5728 -
By Senator McDermott
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 29A.04.321 and 2009 c 413 s 1 are each amended to
read as follows:
(1) All state, county, city, town, and district general elections
for the election of federal, state, legislative, judicial, county,
city, town, and district officers, and for the submission to the voters
of the state, county, city, town, or district of any measure for their
adoption and approval or rejection, shall be held on the first Tuesday
after the first Monday of November, in the year in which they may be
called. A statewide general election shall be held on the first
Tuesday after the first Monday of November of each year. However, the
statewide general election held in odd-numbered years shall be limited
to (a) city, town, and district general elections as provided for in
RCW 29A.04.330, or as otherwise provided by law; (b) the election of
federal officers for the remainder of any unexpired terms in the
membership of either branch of the Congress of the United States; (c)
the election of state and county officers for the remainder of any
unexpired terms of offices created by or whose duties are described in
Article II, section 15, Article III, ((sections 16, 17, 19, 20, 21, 22,
and 23,)) and Article IV, sections 3 and 5 of the state Constitution
and RCW 2.06.080; (d) the election of county officers in any county
governed by a charter containing provisions calling for general county
elections at this time; and (e) the approval or rejection of state
measures, including proposed constitutional amendments, matters
pertaining to any proposed constitutional convention, initiative
measures and referendum measures proposed by the electorate, referendum
bills, and any other matter provided by the legislature for submission
to the electorate.
(2) A county legislative authority may call a special county
election by presenting a resolution to the county auditor prior to the
proposed election date. A special election called by the county
legislative authority shall be held on one of the following dates as
decided by such governing body:
(a) The second Tuesday in February;
(b) The fourth Tuesday in April;
(c) The third Tuesday in May for tax levies that failed previously
in that calendar year and new bond issues;
(d) The day of the primary as specified by RCW 29A.04.311; or
(e) The first Tuesday after the first Monday in November.
(3) A resolution calling for a special election on a date set forth
in subsection (2)(a) through (c) of this section must be presented to
the county auditor at least forty-five days prior to the election date.
A resolution calling for a special election on a date set forth in
subsection (2)(d) or (e) of this section must be presented to the
county auditor at least eighty-four days prior to the election date.
(4) In addition to the dates set forth in subsection (2)(a) through
(e) 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. Such county special
election shall be noticed and conducted in the manner provided by law.
(5) 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 except
for those elections held pursuant to a home-rule charter adopted under
Article XI, section 4 of the state Constitution. This section shall
not be construed as fixing the time for holding primary elections, or
elections for the recall of any elective public officer.
Sec. 2 RCW 29A.04.321 and 2009 c 413 s 2 are each amended to read
as follows:
(1) All state, county, city, town, and district general elections
for the election of federal, state, legislative, judicial, county,
city, town, and district officers, and for the submission to the voters
of the state, county, city, town, or district of any measure for their
adoption and approval or rejection, shall be held on the first Tuesday
after the first Monday of November, in the year in which they may be
called. A statewide general election shall be held on the first
Tuesday after the first Monday of November of each year. However, the
statewide general election held in odd-numbered years shall be limited
to (a) city, town, and district general elections as provided for in
RCW 29A.04.330, or as otherwise provided by law; (b) the election of
federal officers for the remainder of any unexpired terms in the
membership of either branch of the Congress of the United States; (c)
the election of state and county officers for the remainder of any
unexpired terms of offices created by or whose duties are described in
Article II, section 15, Article III((, sections 16, 17, 19, 20, 21, 22,
and 23,)) and Article IV, sections 3 and 5 of the state Constitution
and RCW 2.06.080; (d) the election of county officers in any county
governed by a charter containing provisions calling for general county
elections at this time; and (e) the approval or rejection of state
measures, including proposed constitutional amendments, matters
pertaining to any proposed constitutional convention, initiative
measures and referendum measures proposed by the electorate, referendum
bills, and any other matter provided by the legislature for submission
to the electorate.
(2) A county legislative authority may call a special county
election by presenting a resolution to the county auditor prior to the
proposed election date. A special election called by the county
legislative authority shall be held on one of the following dates as
decided by such governing body:
(a) The second Tuesday in February;
(b) The fourth Tuesday in April;
(c) The day of the primary as specified by RCW 29A.04.311; or
(d) The first Tuesday after the first Monday in November.
(3) A resolution calling for a special election on a date set forth
in subsection (2)(a) and (b) of this section must be presented to the
county auditor at least forty-five days prior to the election date. A
resolution calling for a special election on a date set forth in
subsection (2)(c) or (d) of this section must be presented to the
county auditor at least eighty-four days prior to the election date.
(4) In addition to the dates set forth in subsection (2)(a) through
(d) 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. Such county special
election shall be noticed and conducted in the manner provided by law.
(5) 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 except
for those elections held pursuant to a home-rule charter adopted under
Article XI, section 4 of the state Constitution. This section shall
not be construed as fixing the time for holding primary elections, or
elections for the recall of any elective public officer.
NEW SECTION. Sec. 3 Section 1 of this act expires July 1, 2011.
NEW SECTION. Sec. 4 Section 2 of this act takes effect July 1,
2011."
SB 5728 -
By Senator
On page 1, line 2 of the title, after "officials;" strike the remainder of the title and insert "amending RCW 29A.04.321 and 29A.04.321; providing an effective date; and providing an expiration date."