BILL REQ. #:  S-1484.1 

READ FIRST TIME 02/19/09.   

     AN ACT Relating to voting rights in special districts; amending RCW 85.38.105 and 29A.04.330; and adding a new section to chapter 85.38 RCW.

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

Sec. 1   RCW 85.38.105 and 1991 c 349 s 2 are each amended to read as follows:
     (1) The owner of land located in a special district who is a qualified voter of the special district shall receive two votes at any election. This section does not apply to special flood control districts consisting of three or more counties.
     (2) If multiple undivided interests, other than community property interests, exist in a lot or parcel and no person owns a majority undivided interest, the owners of undivided interests at least equal to a majority interest may designate in writing:
     (a) Which owner is eligible to vote and may cast two votes; or
     (b) Which two owners are eligible to vote and may cast one vote each.
     (3) If land is owned as community property, each spouse is entitled to one vote if both spouses otherwise qualify to vote, unless one spouse designates in writing that the other spouse may cast both votes.
     (4) A corporation, partnership, or governmental entity shall designate:
     (a) A natural person to cast its two votes; or
     (b) Two natural persons to each cast one of its votes.
     (5) Except as provided in RCW 85.08.025 and 86.09.377, no owner of land may cast more than two votes or have more than two votes cast for him or her in a special district election.

NEW SECTION.  Sec. 2   A new section is added to chapter 85.38 RCW to read as follows:
     All registered voters within a special flood control district consisting of three or more counties are qualified voters in special flood control district elections.

Sec. 3   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;
     (d) Special flood control districts consisting of three or more counties.
     (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))) (4) 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 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) The day of the primary election as specified by RCW 29A.04.311; or
     (f) 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) of this section must be presented to the county auditor at least fifty-two days prior to the election date. A resolution calling for a special election on a date set forth in subsection (2)(e) or (f) 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) 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) and (f) of this section. Such special election shall be conducted and notice thereof given in the manner provided by law.
     (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.