BILL REQ. #:  S-1660.1 

READ FIRST TIME 02/16/09.   

     AN ACT Relating to technical corrections to election provisions; amending RCW 28A.343.300, 28A.343.600, 28A.343.640, and 35.02.086; adding a new section to chapter 29A.04 RCW; creating a new section; and declaring an emergency.

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

Sec. 1   RCW 28A.343.300 and 1991 c 363 s 20 are each amended to read as follows:
     The governing board of a school district shall be known as the board of directors of the district.
     Unless otherwise specifically provided, as in ((RCW 29.13.060)) section 4 of this act, each member of a board of directors shall be elected by ballot by the registered voters of the school district and shall hold office for a term of four years and until a successor is elected and qualified. Terms of school directors shall be staggered, and insofar as possible, not more than a majority of one shall be elected to full terms at any regular election. In case a member or members of a board of directors are to be elected to fill an unexpired term or terms, the ballot shall specify the term for which each such member is to be elected.
     Except for a school district of the first class having within its boundaries a city with a population of four hundred thousand people or more which shall have a board of directors of seven members, the board of directors of every school district of the first class or school district of the second class shall consist of five members.

Sec. 2   RCW 28A.343.600 and 1990 c 33 s 318 are each amended to read as follows:
     Any first-class school district having a board of directors of five members as provided in RCW ((28A.315.450)) 28A.343.300 and which elects directors for a term of six years under the provisions of ((RCW 29.13.060)) section 4 of this act shall cause the office of at least one director and no more than two directors to be up for election at each regular school district election held hereafter and, except as provided in RCW ((28A.315.680)) 28A.343.670, any first-class school district having a board of directors of seven members as provided in RCW ((28A.315.450)) 28A.343.300 shall cause the office of two directors and no more than three directors to be up for election at each regular school district election held hereafter.

Sec. 3   RCW 28A.343.640 and 1991 c 363 s 26 are each amended to read as follows:
     Upon the establishment of a new school district of the first class as provided for in RCW ((28A.315.580)) 28A.343.020 containing more than one former first-class district, the directors of the largest former first-class district and three directors representative of the other former first-class districts selected by a majority of the board members of the former first-class districts and two directors representative of former second-class districts selected by a majority of the board members of former second-class districts shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district. Vacancies once such a board has been reconstituted shall not be filled unless the number of remaining board members is less than seven, and such vacancies shall be filled in the manner otherwise provided by law.
     Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all of the powers and authority conferred by law upon boards of first-class districts until the next regular school election and until their successors are elected and qualified. At such election other than districts electing directors for six-year terms as provided in ((RCW 29.13.060, as now or hereafter amended)) section 4 of this act, five directors shall be elected either at large or by director districts, as the case may be, two for a term of two years and three for a term of four years. At such election for districts electing directors for six years other than a district having within its boundaries a city with a population of four hundred thousand people or more and electing directors for six year terms, five directors shall be elected either at large or by director districts, as the case may be, one for a term of two years, two for a term of four years, and two for a term of six years.

NEW SECTION.  Sec. 4   A new section is added to chapter 29A.04 RCW under the subchapter heading "Times for Holding Elections" to read as follows:
     (1) In each county with a population of two hundred ten thousand or more, first-class school districts containing a city of the first-class shall hold their elections biennially as provided in RCW 29A.04.330.
     (2) Except as provided in RCW 28A.343.610, the directors to be elected may be elected for terms of six years and until their successors are elected, qualified, and assume office in accordance with RCW 29A.20.040.
     (3) If the board of directors of a school district pursuant to subsection (1) of this section reduces the length of the term of office for school directors in the district from six to four years, the reduction in the length of term must not affect the term of office of any incumbent director without his or her consent, and a provision must be made to appropriately stagger future elections of school directors.

Sec. 5   RCW 35.02.086 and 2006 c 344 s 20 are each amended to read as follows:
     Each candidate for a city or town elective position shall file a declaration of candidacy with the county auditor of the county in which all or the major portion of the city or town is located not more than sixty days nor less than forty-five days prior to the primary election at which the initial elected officials are nominated((, according to RCW 29A.24.050)). The elective positions shall be as provided in law for the type of city or town and form or plan of government specified in the petition to incorporate, and for the population of the city or town as determined by the county legislative authority or boundary review board where applicable. Any candidate may withdraw his or her declaration ((according to RCW 29A.24.131)) at any time within five days after the last day allowed for filing a declaration of candidacy. All names of candidates to be voted upon shall be printed upon the ballot alphabetically in groups under the designation of the respective titles of offices for which they are candidates. Names of candidates printed upon the ballot need not be rotated.

NEW SECTION.  Sec. 6   Sections 1 through 4 of this act are retroactive and shall be applied from July 1, 2004, the date that RCW 29.13.060 was inadvertently repealed as part of a reorganization and recodification of the statutes on elections.

NEW SECTION.  Sec. 7   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.