BILL REQ. #:  S-0037.1 

Read first time 01/12/09.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to modifying the dates on which a special election may be held; and amending RCW 29A.04.321 and 29A.04.330.

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

Sec. 1   RCW 29A.04.321 and 2006 c 344 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. ((Except as provided in subsection (4) of this section,)) 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 ((first)) second Tuesday ((after the first Monday)) in February;
     (b) ((The second Tuesday in March;
     (c))) The fourth Tuesday in April;
     (((d) The third Tuesday in May;
     (e))) (c) The day of the primary as specified by RCW 29A.04.311; or
     (((f))) (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) ((through (d))) and (b) of this section must be presented to the county auditor at least ((fifty-two)) forty-five days prior to the election date. A resolution calling for a special election on a date set forth in subsection (2)(((e))) (c) or (((f))) (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 (((f))) (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) ((In a presidential election year, if a presidential preference primary is conducted in February, March, April, or May under chapter 29A.56 RCW, the date on which a special election may be called by the county legislative authority under subsection (2) of this section during the month of that primary is the date of the presidential primary.
     (6))) 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.04.330 and 2006 c 344 s 3 are each amended to read as follows:
     (1) All city, town, and district general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in November in the odd-numbered years.
     This section shall not apply to:
     (a) Elections for the recall of any elective public officer;
     (b) Public utility districts, conservation districts, or district elections at which the ownership of property within those districts is a prerequisite to voting, all of which elections shall be held at the times prescribed in the laws specifically applicable thereto;
     (c) Consolidation proposals as provided for in RCW 28A.315.235 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW.
     (2) The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor prior to the proposed election date, may call a special election in such city, town, or district, and for the purpose of such special election he or she may combine, unite, or divide precincts. ((Except as provided in subsection (3) of this section,)) Such a special election shall be held on one of the following dates as decided by the governing body:
     (a) The ((first)) second Tuesday ((after the first Monday)) in February;
     (b) ((The second Tuesday in March;
     (c))) The fourth Tuesday in April;
     (((d) The third Tuesday in May;
     (e))) (c) The day of the primary election as specified by RCW 29A.04.311; or
     (((f))) (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) ((through (d))) and (b) of this section must be presented to the county auditor at least ((fifty-two)) forty-five days prior to the election date. A resolution calling for a special election on a date set forth in subsection (2)(((e))) (c) or (((f))) (d) of this section must be presented to the county auditor at least eighty-four days prior to the election date.
     (4) ((In a presidential election year, if a presidential preference primary is conducted in February, March, April, or May under chapter 29A.56 RCW, the date on which a special election may be called under subsection (2) of this section during the month of that primary is the date of the presidential primary.
     (5))) In addition to subsection (2)(a) through (((f))) (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, except that no special election may be held between the first day for candidates to file for public office and the last day to certify the returns of the general election other than as provided in subsection (2)(((e))) (c) and (((f))) (d) of this section. Such special election shall be conducted and notice thereof given in the manner provided by law.
     (((6))) (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.