BILL REQ. #:  H-3905.2 

Prefiled 01/05/10. Read first time 01/11/10.   Referred to Committee on Local Government & Housing.

     AN ACT Relating to filling vacancies in county offices; amending RCW 36.16.110; adding a new section to chapter 36.16 RCW; and declaring an emergency.

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

Sec. 1   RCW 36.16.110 and 2003 c 238 s 1 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, the county 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.
     (2)(a) If a vacancy occurs in a nonpartisan office in a county with more than one million five hundred thousand residents, the county legislative authority must make an appointment to fill the vacancy within thirty days of notification of the vacancy. In filling the vacancy, consideration of whether the successor will run for office at the next election may not be determinative.
     (b) If the county legislative authority fails to comply with (a) of this subsection, the governor must, within thirty days after the county's appointment period closes, appoint a successor to fill the vacancy.
     (3) 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)) 29A.04.133 and shall continue through the term for which he or she was elected.

NEW SECTION.  Sec. 2   A new section is added to chapter 36.16 RCW to read as follows:
     Nonpartisan county legislative board positions in a county with more than one million five hundred thousand residents that have been vacant for thirty days or more as of the effective date of this section shall be filled in accordance with RCW 36.16.110(1)(b).

NEW SECTION.  Sec. 3   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.