Passed by the Senate March 7, 2009 YEAS 45   ________________________________________ President of the Senate Passed by the House April 7, 2009 YEAS 84   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5327 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 61st Legislature | 2009 Regular Session |
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.