BILL REQ. #: Z-0538.5
State of Washington | 63rd Legislature | 2014 Regular Session |
Read first time 01/14/14. Referred to Committee on Government Operations & Elections.
AN ACT Relating to reconciling election laws; amending RCW 2.04.100, 2.06.080, 2.08.069, 2.08.120, 3.34.050, 3.34.100, 17.28.090, 27.12.370, 27.12.100, 28A.315.275, 28A.323.050, 28A.343.010, 28A.343.060, 28A.343.350, 35.02.078, 35.02.086, 35.02.100, 35.06.080, 35.07.050, 35.10.410, 35.10.420, 35.13.090, 35.16.030, 35.16.050, 35.17.310, 35.18.020, 35.23.805, 35A.12.040, 35A.14.080, 36.12.050, 36.16.020, 36.16.030, 36.32.030, 36.32.0558, 39.36.050, 52.04.011, 52.06.030, 52.14.060, 53.04.020, 53.04.023, 53.04.080, 53.12.172, 53.12.221, 54.08.060, 57.12.030, 57.12.039, 57.24.240, 68.52.250, 70.44.047, 82.14.036, 82.46.021, 82.80.090, 85.38.060, 85.38.070, 87.03.083, 52.26.080, 29A.04.321, 29A.04.330, 29A.08.161, 29A.08.210, 29A.08.230, 29A.24.111, 29A.60.221, 35.21.005, 35.22.120, 35A.01.040, 53.12.175, 29A.08.107, 53.12.010, 53.12.021, 53.12.115, 53.12.130, 53.16.015, 29A.08.810, 29A.68.020, 2.06.010, 29A.60.280, 35.17.260, 35.17.380, 35.17.400, 35.18.240, 35.22.055, and 36.32.070; reenacting and amending RCW 28A.343.030, 28A.343.320, 28A.343.660, and 29A.40.110; repealing RCW 28A.343.330 and 52.14.030; and repealing 2013 c 11 s 45.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 2.04.100 and 1971 c 81 s 3 are each amended to read as
follows:
If a vacancy occurs in the office of a justice of the supreme
court, the governor shall appoint a person to hold the office until the
election and qualification of a justice to fill the vacancy, which
election shall take place at the next succeeding general election as
provided in chapter 29A.24 RCW, and the justice so elected shall hold
the office for the remainder of the unexpired term.
Sec. 2 RCW 2.06.080 and 1969 ex.s. c 221 s 8 are each amended to
read as follows:
If a vacancy occurs in the office of a judge of the court, the
governor shall appoint a person to hold the office until the election
and qualification of a judge to fill the vacancy, which election shall
take place at the next succeeding general election as provided in
chapter 29A.24 RCW and the judge so elected shall hold the office for
the remainder of the unexpired term.
Sec. 3 RCW 2.08.069 and 1955 c 38 s 4 are each amended to read as
follows:
Unless otherwise provided, upon the taking effect of any act
providing for additional judges of the superior court and thereby
creating a vacancy, the governor shall appoint a person to hold the
office until the election and qualification of a judge to fill the
vacancy, which election shall be at the next succeeding general
election as provided in chapter 29A.24 RCW, and the judge so elected
shall hold office for the remainder of the unexpired term.
Sec. 4 RCW 2.08.120 and 1955 c 38 s 5 are each amended to read as
follows:
If a vacancy occurs in the office of judge of the superior court,
the governor shall appoint a person to hold the office until the
election and qualification of a judge to fill the vacancy, which
election shall be at the next succeeding general election as provided
in chapter 29A.24 RCW, and the judge so elected shall hold office for
the remainder of the unexpired term.
Sec. 5 RCW 3.34.050 and 1998 c 19 s 2 are each amended to read as
follows:
At the general election in November 1962 and quadrennially
thereafter, there shall be elected by the voters of each district court
district the number of judges authorized for the district by the
district court districting plan. Judges shall be elected for each
district and electoral district, if any, by the qualified electors of
the district ((in the same manner as judges of courts of record are
elected, except as provided in chapter 29.21 RCW. Not less than ten
days before the time for filing declarations of candidacy for the
election of judges for districts entitled to more than one judge, the
county auditor shall designate each such office of district judge to be
filled by a number, commencing with the number one and numbering the
remaining offices consecutively. At the time of the filing of the
declaration of candidacy, each candidate shall designate by number
which one, and only one, of the numbered offices for which he or she is
a candidate and the name of the candidate shall appear on the ballot
for only the numbered office for which the candidate filed a
declaration of candidacy)).
Sec. 6 RCW 3.34.100 and 2003 c 97 s 3 are each amended to read as
follows:
If a district judge dies, resigns, is convicted of a felony, ceases
to reside in the district, fails to serve for any reason except
temporary disability, or if his or her term of office is terminated in
any other manner, the office shall be deemed vacant. The county
legislative authority shall fill all vacancies by appointment and the
judge thus appointed shall hold office until the next even-year general
election and until a successor is elected and qualified, consistent
with chapter 29A.24 RCW. However, if a vacancy in the office of
district court judge occurs and the total number of district court
judges remaining in the county is equal to or greater than the number
of district court judges authorized in RCW 3.34.010 then the position
shall remain vacant. District judges shall be granted sick leave in
the same manner as other county employees. A district judge may
receive when vacating office remuneration for unused accumulated leave
and sick leave at a rate equal to one day's monetary compensation for
each full day of accrued leave and one day's monetary compensation for
each four full days of accrued sick leave, the total remuneration for
leave and sick leave not to exceed the equivalent of thirty days'
monetary compensation.
Sec. 7 RCW 17.28.090 and 2011 c 336 s 464 are each amended to
read as follows:
If, from the testimony given before the county commissioners, it
appears to that board that the public necessity or welfare requires the
formation of the district, it shall, by an order entered on its
minutes, declare that to be its finding, and shall further declare and
order that the territory within the boundaries so fixed and determined
be organized as a district, under an appropriate name to be selected by
the county commissioners, subject to approval of the voters of the
district as hereinafter provided. The name shall contain the words
"mosquito control district."
At the time of the declaration establishing and naming the
district, the county commissioners shall by resolution call a special
election to be held ((not less than thirty days and not more than sixty
days from the date thereof)) on a date provided in RCW 29A.04.321 or
29A.04.330, and shall cause to be published a notice of such election
at least once a week for three consecutive weeks in a newspaper of
general circulation in the county, setting forth the ((hours during
which the polls will be open, the)) boundaries of the proposed district
as finally adopted((,)) and the object of the election. If any portion
of the proposed district lies in another county, a notice of such
election shall likewise be published in that county.
The election on the formation of the mosquito control district
shall be conducted by the auditor of the county in which the greater
area of the proposed district is located in accordance with the general
election laws of the state and the results thereof shall be canvassed
by that county's canvassing board. For the purpose of conducting an
election under this section, the auditor of the county in which the
greater area of the proposed district is located may appoint the
auditor of any county ((or the city clerk of any city)) lying wholly or
partially within the proposed district as his or her deputies. No
person shall be entitled to vote at such election unless he or she is
a qualified voter under the laws of the state in effect at the time of
such election and has resided within the mosquito control district for
at least thirty days preceding the date of the election. The ballot
proposition shall be in substantially the following form:
Sec. 8 RCW 27.12.370 and 2011 c 10 s 78 are each amended to read
as follows:
The county legislative authority or authorities shall, by
resolution, call a special election to be held in such city or town at
the next special election date according to RCW 29A.04.321, and shall
cause notice of such election to be given as provided for in RCW
29A.52.355.
The election on the annexation of the city or town into the library
district shall be conducted by the auditor of the county or counties in
which the city or town is located in accordance with the general
election laws of the state and the results thereof shall be canvassed
by the canvassing board of the county or counties. No person shall be
entitled to vote at such election unless he or she is registered to
vote in said city or town ((for at least thirty days preceding the date
of the election)). The ballot proposition shall be in substantially
the following form:
Sec. 9 RCW 27.12.100 and 1965 c 63 s 1 are each amended to read
as follows:
An intercounty rural library district shall be established by joint
action of two or more counties proceeding by either of the following
alternative methods:
(1) The boards of county commissioners of any two or more counties
shall adopt identical resolutions proposing the formation of such a
district to include all of the areas outside of incorporated cities or
towns in such counties as may be designated in such resolutions. In
lieu of such resolutions a petition of like purport signed by ten
percent of the registered voters residing outside of incorporated
cities or towns of a county, may be filed with the county auditor
thereof, and shall have the same effect as a resolution. The
proposition for the formation of the district as stated on the petition
shall be prepared by the attorney general upon request of the state
library commission. Action to initiate the formation of such a
district shall become ineffective in any county if corresponding action
is not completed within one year thereafter by each other county
included in such proposal. The county auditor in each county shall
check the validity of the signatures on the petition and shall certify
to the board of county commissioners the sufficiency of the signatures.
If each petition contains the signatures of ten percent of the
registered voters residing outside the incorporated cities and towns of
the county, each board of county commissioners shall pass a resolution
calling an election for the purpose of submitting the question to the
voters and setting the date of said election. When such action has
been taken in each of the counties involved, notification shall be made
by each board of county commissioners to the board of county
commissioners of the county having the largest population according to
the last federal census, who shall give proper notification to each
county auditor. At the next general or special election held in the
respective counties there shall be submitted to the voters in the areas
outside of incorporated cities and towns a question as to whether an
intercounty rural library district shall be established as outlined in
the resolutions or petitions. ((Notice of said election shall be given
the county auditor pursuant to RCW 29.27.080. The county auditor shall
provide for the printing of a separate ballot and shall provide for the
distribution of ballots to the polling places pursuant to RCW
29.04.020. The county auditor shall instruct the election boards in
split precincts.)) The respective county canvassing boards in each
county to be included within the intercounty rural library district
shall canvass the votes and certify the results to the county auditor
((pursuant to chapter 29.62 RCW)); the result shall then be certified
by each county auditor to the county auditor of the county having the
largest population according to the last federal census. If a majority
of the electors voting on the proposition in each of the counties
affected shall vote in favor of such district it shall thereby become
established, and the board of county commissioners of the county having
the largest population according to the last federal census shall
declare the intercounty rural library district established. If two or
more of the counties affected are in an existing intercounty rural
library district, then the electors in areas outside incorporated
cities and towns in those counties shall vote as a unit and the
electors in areas outside incorporated cities and towns in each of the
other affected counties shall vote as separate units. If a majority of
the electors voting on the proposition in the existing district and a
majority of the voters in any of the other affected counties shall vote
in favor of an expanded intercounty rural library district it shall
thereby become established.
(2) The county commissioners of two or more counties meeting in
joint session attended by a majority of the county commissioners of
each county may, by majority vote of those present, order the
establishment of an intercounty rural library district to include all
of the area outside of incorporated cities and towns in as many of the
counties represented at such joint meeting as shall be determined by
resolution of such joint meeting. If two or more counties are in an
existing intercounty rural library district, then a majority vote of
all of the commissioners present from those counties voting as a unit,
and a majority vote of the commissioners present from any other county
shall cause the joint session to order the establishment of an expanded
intercounty rural library district. No county, however, shall be
included in such district if a majority of its county commissioners
vote against its inclusion in such district.
Sec. 10 RCW 28A.315.275 and 1999 c 315 s 704 are each amended to
read as follows:
Notice of special elections as provided for in RCW 28A.315.265
shall be given by the county auditor as provided in RCW ((29.27.080))
29A.52.355. The notice of election shall state the purpose for which
the election has been called and contain a description of the
boundaries of the proposed new district and a statement of any terms of
adjustment of bonded indebtedness on which to be voted.
Sec. 11 RCW 28A.323.050 and 1990 c 33 s 311 are each amended to
read as follows:
The registered voters residing within a joint school district shall
be entitled to vote on the office of school director of their district.
Jurisdiction of any such election shall rest with the county
auditor of the county administering such joint district as provided in
RCW ((28A.315.380)) 28A.323.040.
((At each general election, or upon approval of a request for a
special election as provided for in RCW 29.13.020, such county auditor
shall:))
(1) See that there shall be at least one polling place in each
county;
(2) At least twenty days prior to the elections concerned, certify
in writing to the superintendent of the school district the number and
location of the polling places established by such auditor for such
regular or special elections; and
(3) Do all things otherwise required by law for the conduct of such
election.
It is the intention of this section that the qualified electors of
a joint school district shall not be forced to go to a different
polling place on the same day when other elections are being held to
vote for school directors of their district.
Sec. 12 RCW 28A.343.010 and 1990 c 33 s 317 are each amended to
read as follows:
Whenever the directors to be elected in a school district that is
not divided into directors' districts are not all to be elected for the
same term of years, the county auditor shall distinguish them and
((designate the same as provided for in RCW 29.21.140, and)) assign
position numbers thereto ((as provided in RCW 28A.315.470)), and each
candidate shall indicate on his or her declaration of candidacy the
((term for which he or she seeks to be elected and)) position number
for which he or she is filing. The candidate receiving the largest
number of votes for each position shall be deemed elected.
Sec. 13 RCW 28A.343.030 and 1991 c 363 s 23 and 1991 c 288 s 4
are each reenacted and amended to read as follows:
The board of directors of every first-class school district other
than a school district of the first class having within its boundaries
a city with a population of four hundred thousand people or more which
is not divided into directors' districts may submit to the voters at
any regular school district election a proposition to authorize the
board of directors to divide the district into directors' districts or
for second-class school districts into director districts or a
combination of no fewer than three director districts and no more than
two at large positions. If a majority of the votes cast on the
proposition is affirmative, the board of directors shall proceed to
divide the district into directors' districts following the procedure
established in RCW ((29.70.100)) 29A.76.010. Such director districts,
if approved, shall not become effective until the next regular school
election when a new five member board of directors shall be elected,
one from each of the director districts from among the residents of the
respective director district, or from among the residents of the entire
school district in the case of directors at large, by the electors of
the entire district, two for a term of two years and three for a term
of four years, unless such district elects its directors for six years,
in which case, one for a term of two years, two for a term of four
years, and two for a term of six years.
Sec. 14 RCW 28A.343.060 and 1991 c 288 s 9 are each amended to
read as follows:
(((1))) Any district boundary changes, including changes in
director district boundaries, shall be submitted to the county auditor
by the school district board of directors within thirty days after the
changes have been approved by the board. The board shall submit both
legal descriptions and maps.
(((2) Any boundary changes submitted to the county auditor after
the fourth Monday in June of odd-numbered years shall not take effect
until the following year.))
Sec. 15 RCW 28A.343.320 and 1990 c 161 s 4 and 1990 c 59 s 98 are
each reenacted and amended to read as follows:
Candidates for the position of school director shall file their
declarations of candidacy as provided in ((Title 29)) chapter 29A.24
RCW.
The positions of school directors in each district shall be dealt
with as separate offices for all election purposes, and where more than
one position is to be filled, each candidate shall file for one of the
positions so designated: PROVIDED, That in school districts containing
director districts, or a combination of director districts and director
at large positions, candidates shall file for such director districts
or at large positions. Position numbers shall be assigned to
correspond to director district numbers to the extent possible.
Sec. 16 RCW 28A.343.350 and 1999 c 194 s 1 are each amended to
read as follows:
Notwithstanding RCW 42.12.010(4), a school director elected from a
director district may continue to serve as a director from the district
even though the director no longer resides in the director district,
but continues to reside in the school district, under the following
conditions:
(1) If, as a result of redrawing the director district boundaries,
the director no longer resides in the director district, the director
shall retain his or her position for the remainder of his or her term
of office; and
(2) If, as a result of the director changing his or her place of
residence the director no longer resides in the director district, the
director shall retain his or her position until a successor is elected
and assumes office as follows: (a) If the change in residency occurs
after the ((opening of the regular filing period provided under RCW
29.15.020)) deadline in RCW 29A.24.171 for a vacancy to trigger an
election, in the year two years after the director was elected to
office, the director shall remain in office for the remainder of his or
her term of office; or (b) if the change in residency occurs prior to
the ((opening of the regular filing period provided under RCW
29.15.020)) deadline in RCW 29A.24.171 for a vacancy to trigger an
election, in the year two years after the director was elected to
office, the position shall be opened for filing and the director shall
remain in office until a successor assumes office who has been elected
to serve the remainder of the unexpired term of office at the school
district general election held in that year.
Sec. 17 RCW 28A.343.660 and 1991 c 363 s 28 and 1991 c 288 ss 5
and 6 are each reenacted and amended to read as follows:
Notwithstanding any other provision of law, any school district of
the first class having within its boundaries a city with a population
of four hundred thousand people or more shall be divided into seven
director districts. The boundaries of such director districts shall be
established by the members of the school board, such boundaries to be
established so that each such district shall comply, as nearly as
practicable, with the criteria established in RCW ((29.70.100))
29A.76.010. Boundaries of such director districts shall be adjusted by
the school board following the procedure established in RCW
((29.70.100)) 29A.76.010 after each federal decennial census if
population change shows the need thereof to comply with the criteria of
RCW ((29.70.100)) 29A.76.010. No person shall be eligible for the
position of school director in any such director district unless such
person resides in the particular director district. Residents in the
particular director district desiring to be a candidate for school
director shall file their declarations of candidacy for such director
district and for the position of director in that district and shall be
voted upon, in any primary required to be held for the position under
Title 29A RCW, by the registered voters of that particular director
district. In the general election, each position shall be voted upon
by all the registered voters in the school district. The order of the
names of candidates shall appear on the primary and general election
ballots as required for nonpartisan positions under Title 29A RCW.
Except as provided in RCW ((28A.315.680)) 28A.343.670, every such
director so elected in school districts divided into seven director
districts shall serve for a term of four years as otherwise provided in
RCW ((28A.315.460)) 28A.343.610.
Sec. 18 RCW 35.02.078 and 1994 c 216 s 18 are each amended to
read as follows:
An election shall be held in the area proposed to be incorporated
to determine whether the proposed city or town shall be incorporated
when the boundary review board takes action on the proposal other than
disapproving the proposal, or if the county legislative authority does
not disapprove the proposal as provided in RCW 35.02.070. Voters at
this election shall determine if the area is to be incorporated.
The initial election on the question of incorporation shall be held
at the next special election date specified in RCW ((29.13.020 that
occurs sixty or more days)) 29A.04.321 or 29A.04.330 after the final
public hearing by the county legislative authority or authorities, or
action by the boundary review board or boards. The county legislative
authority or authorities shall call for this election and, if the
incorporation is approved, shall call for other elections to elect the
elected officials as provided in this section. If the vote in favor of
the incorporation receives forty percent or less of the total vote on
the question of incorporation, no new election on the question of
incorporation for the area or any portion of the area proposed to be
incorporated may be held for a period of three years from the date of
the election in which the incorporation failed.
If the incorporation is authorized as provided by RCW 35.02.120,
separate elections shall be held to nominate and elect persons to fill
the various elective offices prescribed by law for the population and
type of city or town, and to which it will belong. The primary
election to nominate candidates for these elective positions shall be
held at the next special election date((, as)) specified in RCW
((29.13.020, that occurs sixty or more days)) 29A.04.321 or 29A.04.330
after the election on the question of incorporation. The election to
fill these elective positions shall be held at the next special
election date((, as)) specified in RCW ((29.13.020, that occurs thirty
or more days)) 29A.04.321 or 29A.04.330 after certification of the
results of the primary election.
Sec. 19 RCW 35.02.086 and 2009 c 107 s 5 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. 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 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.))
Sec. 20 RCW 35.02.100 and 1986 c 234 s 13 are each amended to
read as follows:
The notice of election on the question of the incorporation shall
be given as provided by RCW ((29.27.080)) 29A.52.355 but shall further
describe the boundaries of the proposed city or town, its name, and the
number of inhabitants ascertained by the county legislative authority
or the boundary review board to reside in it.
Sec. 21 RCW 35.06.080 and 1994 c 81 s 9 are each amended to read
as follows:
The first election of officers of the new corporation after the
advancement of classification is approved shall be at the next general
municipal election and the officers of the old corporation, as altered
by the election when the advancement was approved, shall remain in
office until the officers of the new corporation are elected and
qualified and assume office in accordance with ((RCW 29.04.170)) Title
29A RCW. A primary shall be held where necessary to nominate
candidates for the elected offices of the corporation as a second-class
city. Candidates for city council positions shall run for specific
council positions. The council of the old corporation may adopt a
resolution providing that the offices of city attorney, clerk, and
treasurer are appointive.
The three persons who are elected to council positions one through
six receiving the greatest number of votes shall be elected to four-year terms of office and the other three persons who are elected to
council positions one through six, and the person elected to council
position seven, shall be elected to two-year terms of office. The
person elected as mayor and the persons elected to any other elected
office shall be elected to four-year terms of office. All successors
to all elected positions, other than council position number seven,
shall be elected to four-year terms of office and successors to council
position number seven shall be elected to two-year terms of office.
There shall be no election of town offices at this election when
the first officers of the new corporation are elected and the offices
of the town shall expire when the officers of the new corporation
assume office.
The ordinances, bylaws, and resolutions adopted by the old
corporation shall, as far as consistent with the provisions of this
title, continue in force until repealed by the council of the new
corporation.
The council and officers of the town shall, upon demand, deliver to
the proper officers of the new corporation all books of record,
documents, and papers in their possession belonging to the old
corporation.
Sec. 22 RCW 35.07.050 and 1965 c 7 s 35.07.050 are each amended
to read as follows:
Notice of such election shall be given as provided in RCW
((29.27.080)) 29A.52.355.
Sec. 23 RCW 35.10.410 and 1985 c 281 s 4 are each amended to read
as follows:
The submission of a ballot proposal to the voters of two or more
contiguous cities for the consolidation of these contiguous cities may
be caused by the adoption of a joint resolution, by a majority vote of
each city legislative body, seeking consolidation of such contiguous
cities. The joint resolution shall provide for submission of the
question to the voters at the next general municipal election, if one
is to be held more than ninety days but not more than one hundred
eighty days after the passage of the joint resolution, or shall call
for a special election to be held for that purpose at the next special
election date, as specified in RCW ((29.13.020)) 29A.04.330, that
occurs ninety or more days after the passage of the joint resolution.
The legislative bodies of the cities also shall notify the county
legislative authority of each county in which the cities are located of
the proposed consolidation.
Sec. 24 RCW 35.10.420 and 1995 c 196 s 7 are each amended to read
as follows:
The submission of a ballot proposal to the voters of two or more
contiguous cities for the consolidation of these contiguous cities may
also be caused by the filing of a petition with the legislative body of
each such city, signed by the voters of each city in number equal to
not less than ten percent of voters who voted in the city at the last
general municipal election therein, seeking consolidation of such
contiguous cities. A copy of the petition shall be forwarded
immediately by each city to the auditor of the county or counties
within which that city is located.
The county auditor or auditors shall determine the sufficiency of
the signatures in each petition within ten days of receipt of the
copies and immediately notify the cities proposed to be consolidated of
the sufficiency. If each of the petitions is found to have sufficient
valid signatures, the auditor or auditors shall call a special election
at which the question of whether such cities shall consolidate shall be
submitted to the voters of each of such cities. If a general election
is to be held more than ninety days but not more than one hundred
eighty days after the filing of the last petition, the question shall
be submitted at that election. Otherwise the question shall be
submitted at a special election to be called for that purpose at the
next special election date((, as)) specified in RCW ((29.13.020, that
occurs ninety or more days after the date when the last petition was
filed)) 29A.04.330.
If each of the petitions is found to have sufficient valid
signatures, the auditor or auditors also shall notify the county
legislative authority of each county in which the cities are located of
the proposed consolidation.
Petitions shall conform with the requirements for form prescribed
in RCW 35A.01.040, except different colored paper may be used on
petitions circulated in the different cities. A legal description of
the cities need not be included in the petitions.
Sec. 25 RCW 35.13.090 and 1996 c 286 s 1 are each amended to read
as follows:
(1) The proposition for or against annexation or for or against
annexation and adoption of the comprehensive plan, or for or against
creation of a community municipal corporation, or any combination
thereof, as the case may be, shall be deemed approved if a majority of
the votes cast on that proposition are cast in favor of annexation or
in favor of annexation and adoption of the comprehensive plan, or for
creation of the community municipal corporation, or any combination
thereof, as the case may be.
(2) If a proposition for or against assumption of all or any
portion of indebtedness was submitted to the registered voters, it
shall be deemed approved if a majority of at least three-fifths of the
registered voters of the territory proposed to be annexed voting on
such proposition vote in favor thereof, and the number of registered
voters voting on such proposition constitutes not less than forty
percent of the total number of votes cast in such territory at the last
preceding general election.
(3) If either or both propositions were approved by the registered
voters, the county auditor shall on completion of the canvassing of the
returns transmit to the county legislative authority and to the clerk
of the city or town to which annexation is proposed a certificate of
the election results, together with a certified abstract of the vote
showing the whole number who voted at the election, the number of votes
cast for annexation and the number cast against annexation or for
annexation and adoption of the comprehensive plan and the number cast
against annexation and adoption of the comprehensive plan or for
creation of a community municipal corporation and the number cast
against creation of a community municipal corporation, or any
combination thereof, as the case may be.
(4) If a proposition for assumption of all or of any portion of
indebtedness was submitted to the registered voters, the abstract shall
include the number of votes cast for assumption of indebtedness and the
number of votes cast against assumption of indebtedness, together with
a statement of the total number of votes cast in such territory at the
last preceding general election.
(5) If the proposition for creation of a community municipal
corporation was submitted and approved, the abstract shall include the
number of votes cast for the candidates for community council positions
and certificates of election shall be issued ((pursuant to RCW
29.27.100)) to the successful candidates who shall assume office as
soon as qualified.
Sec. 26 RCW 35.16.030 and 1994 c 273 s 3 are each amended to read
as follows:
The election returns shall be canvassed as provided in ((RCW
29.13.040)) chapter 29A.60 RCW. If three-fifths of the votes cast on
the proposition favor the reduction of the corporate limits, the
legislative body of the city or town, by an order entered on its
minutes, shall direct the clerk to make and transmit to the office of
the secretary of state a certified abstract of the vote. The abstract
shall show the total number of voters voting, the number of votes cast
for reduction and the number of votes cast against reduction.
Sec. 27 RCW 35.16.050 and 1996 c 286 s 3 are each amended to read
as follows:
A certified copy of the ordinance defining the reduced city or town
limits together with a map showing the corporate limits as altered
shall be filed in accordance with RCW ((29.15.026)) 29A.76.020 and
recorded in the office of the county auditor of the county in which the
city or town is situated, upon the effective date of the ordinance.
The new boundaries of the city or town shall take effect immediately
after they are filed and recorded with the county auditor.
Sec. 28 RCW 35.17.310 and 1965 c 7 s 35.17.310 are each amended
to read as follows:
The city clerk shall cause any ordinance or proposition required to
be submitted to the voters at an election to be published once in each
of the daily newspapers in the city not less than five nor more than
twenty days before the election, or if no daily newspaper is published
in the city, publication shall be made in each of the weekly newspapers
published therein. This publication shall be in addition to the notice
required in ((chapter 29.27)) RCW 29A.52.355.
Sec. 29 RCW 35.18.020 and 1994 c 223 s 12 are each amended to
read as follows:
(1) The number of councilmembers in a city or town operating with
a council-manager plan of government shall be based upon the latest
population of the city or town that is determined by the office of
financial management as follows:
(a) A city or town having not more than two thousand inhabitants,
five councilmembers; and
(b) A city or town having more than two thousand, seven
councilmembers.
(2) Except for the initial staggering of terms, councilmembers
shall serve for four-year terms of office. All councilmembers shall
serve until their successors are elected and qualified and assume
office in accordance with RCW ((29.04.170)) 29A.60.280. Councilmembers
may be elected on a citywide or townwide basis, or from wards or
districts, or any combination of these alternatives. Candidates shall
run for specific positions. Wards or districts shall be redrawn as
provided in chapter ((29.70)) 29A.76 RCW. Wards or districts shall be
used as follows: (a) Only a resident of the ward or district may be a
candidate for, or hold office as, a councilmember of the ward or
district; and (b) only voters of the ward or district may vote at a
primary to nominate candidates for a councilmember of the ward or
district. Voters of the entire city or town may vote at the general
election to elect a councilmember of a ward or district, unless the
city or town had prior to January 1, 1994, limited the voting in the
general election for any or all council positions to only voters
residing within the ward or district associated with the council
positions. If a city or town had so limited the voting in the general
election to only voters residing within the ward or district, then the
city or town shall be authorized to continue to do so.
(3) When a city or town has qualified for an increase in the number
of councilmembers from five to seven by virtue of the next succeeding
population determination made by the office of financial management,
two additional council positions shall be filled at the next municipal
general election with the person elected to one of the new council
positions receiving the greatest number of votes being elected for a
four-year term of office and the person elected to the other additional
council position being elected for a two-year term of office. The two
additional councilmembers shall assume office immediately when
qualified in accordance with RCW ((29.01.135)) 29A.04.133, but the term
of office shall be computed from the first day of January after the
year in which they are elected. Their successors shall be elected to
four-year terms of office.
Prior to the election of the two new councilmembers, the city or
town council shall fill the additional positions by appointment not
later than forty-five days following the release of the population
determination, and each appointee shall hold office only until the new
position is filled by election.
(4) When a city or town has qualified for a decrease in the number
of councilmembers from seven to five by virtue of the next succeeding
population determination made by the office of financial management,
two council positions shall be eliminated at the next municipal general
election if four council positions normally would be filled at that
election, or one council position shall be eliminated at each of the
next two succeeding municipal general elections if three council
positions normally would be filled at the first municipal general
election after the population determination. The council shall by
ordinance indicate which, if any, of the remaining positions shall be
elected at-large or from wards or districts.
(5) Vacancies on a council shall occur and shall be filled as
provided in chapter 42.12 RCW.
Sec. 30 RCW 35.23.805 and 1994 c 81 s 25 are each amended to read
as follows:
In a city initially classified as a second-class city prior to
January 1, 1993, that retained its second-class city plan of government
when the city reorganized as a noncharter code city, the terms of
office of mayor, city clerk, city treasurer and councilmembers shall be
four years, and until their successors are elected and qualified and
assume office in accordance with RCW ((29.04.170)) 29A.60.280, but not
more than six councilmembers normally shall be elected in any one year
to fill a full term.
Sec. 31 RCW 35A.12.040 and 1994 c 223 s 31 are each amended to
read as follows:
Officers shall be elected at biennial municipal elections to be
conducted as provided in chapter 35A.29 RCW. The mayor and the
councilmembers shall be elected for four-year terms of office and until
their successors are elected and qualified and assume office in
accordance with RCW ((29.04.170)) 29A.60.280. At any first election
upon reorganization, councilmembers shall be elected as provided in RCW
35A.02.050. Thereafter the requisite number of councilmembers shall be
elected biennially as the terms of their predecessors expire and shall
serve for terms of four years. The positions to be filled on the city
council shall be designated by consecutive numbers and shall be dealt
with as separate offices for all election purposes. Election to
positions on the council shall be by majority vote from the city at
large, unless provision is made by charter or ordinance for election by
wards. The mayor and councilmembers shall qualify by taking an oath or
affirmation of office and as may be provided by law, charter, or
ordinance.
Sec. 32 RCW 35A.14.080 and 1979 ex.s. c 124 s 5 are each amended
to read as follows:
((On the Monday next succeeding the annexation election,)) The
county canvassing board shall proceed to canvass the returns thereof
and shall submit the statement of canvass to the county legislative
authority.
The proposition for or against annexation or for or against
annexation and adoption of the proposed zoning regulation, as the case
may be, shall be deemed approved if a majority of the votes cast on
that proposition are cast in favor of annexation or in favor of
annexation and adoption of the proposed zoning regulation, as the case
may be. If a proposition for or against assumption of all or any
portion of indebtedness was submitted to the electorate, it shall be
deemed approved if a majority of at least three-fifths of the electors
of the territory proposed to be annexed voting on such proposition vote
in favor thereof, and the number of persons voting on such proposition
constitutes not less than forty percent of the total number of votes
cast in such territory at the last preceding general election. If
either or both propositions were approved by the electors, the county
legislative authority shall enter a finding to that effect on its
minutes, a certified copy of which shall be forthwith transmitted to
and filed with the clerk of the city to which annexation is proposed,
together with a certified abstract of the vote showing the whole number
who voted at the election, the number of votes cast for annexation and
the number cast against annexation or for annexation and adoption of
the proposed zoning regulation and the number cast against annexation
and adoption of the proposed zoning regulation, as the case may be, and
if a proposition for assumption of all or any portion of indebtedness
was submitted to the electorate, the abstract shall include the number
of votes cast for assumption of indebtedness and the number of votes
cast against assumption of indebtedness, together with a statement of
the total number of votes cast in such territory at the last preceding
general election.
Sec. 33 RCW 36.12.050 and 1963 c 4 s 36.12.050 are each amended
to read as follows:
When the returns have been received and compared, and the results
ascertained by the board, if three-fifths of the legal votes cast by
those voting on the proposition are in favor of any particular place
the proposition has been adopted. ((The board of county commissioners
must give notice of the result by posting notices thereof in all the
election precincts in the county.))
Sec. 34 RCW 36.16.020 and 1979 ex.s. c 126 s 26 are each amended
to read as follows:
The term of office of all county ((and precinct officers)) shall be
four years and until their successors are elected and qualified and
assume office in accordance with RCW ((29.04.170)) 29A.60.280:
PROVIDED, That this section and RCW 36.16.010 shall not apply to county
commissioners.
Sec. 35 RCW 36.16.030 and 1996 c 108 s 1 are each amended to read
as follows:
Except as provided elsewhere in this section, in every county there
shall be elected from among the qualified voters of the county a county
assessor, a county auditor, a county clerk, a county coroner, three
county commissioners, a county prosecuting attorney, a county sheriff
and a county treasurer, except that in each county with a population of
less than forty thousand no coroner shall be elected and the
prosecuting attorney shall be ex officio coroner. Whenever the
population of a county increases to forty thousand or more, the
prosecuting attorney shall continue as ex officio coroner until a
coroner is elected, at the next general election at which the office of
prosecuting attorney normally would be elected, and assumes office as
provided in RCW ((29.04.170)) 29A.60.280. In any county where the
population has once attained forty thousand people and a current
coroner is in office and a subsequent census indicates less than forty
thousand people, the county legislative authority may maintain the
office of coroner by resolution or ordinance. If the county
legislative authority has not passed a resolution or enacted an
ordinance to maintain the office of coroner, the elected coroner shall
remain in office for the remainder of the term for which he or she was
elected, but no coroner shall be elected at the next election at which
that office would otherwise be filled and the prosecuting attorney
shall be the ex officio coroner. In a county with a population of two
hundred fifty thousand or more, the county legislative authority may
replace the office of coroner with a medical examiner system and
appoint a medical examiner as specified in RCW 36.24.190. A noncharter
county may have five county commissioners as provided in RCW 36.32.010
and 36.32.055 through 36.32.0558.
Sec. 36 RCW 36.32.030 and 1979 ex.s. c 126 s 27 are each amended
to read as follows:
The terms of office of county commissioners shall be four years and
until their successors are elected and qualified and assume office in
accordance with RCW ((29.04.170)) 29A.60.280: PROVIDED, That the terms
shall be staggered so that either one or two commissioners are elected
at a general election held in an even-numbered year.
Sec. 37 RCW 36.32.0558 and 2003 c 238 s 2 are each amended to
read as follows:
Vacancies on a board of county commissioners consisting of five
members shall be filled as provided in RCW 36.32.070, except that:
(1) Whenever there are three or more vacancies, the governor shall
appoint one or more commissioners until there are a total of three
commissioners;
(2) Whenever there are two vacancies, the three commissioners shall
fill one of the vacancies;
(3) Whenever there is one vacancy, the four commissioners shall
fill the single vacancy; and
(4) Whenever there is a vacancy 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.
Sec. 38 RCW 39.36.050 and 1984 c 186 s 3 are each amended to read
as follows:
The governing body of a taxing district desiring to place a ballot
proposition authorizing indebtedness before the voters may submit the
proposition at any special election held on the dates authorized in
((chapter 29.13)) RCW 29A.04.321 and 29A.04.330. The ballot
proposition shall include the maximum amount of the indebtedness to be
authorized, the maximum term any bonds may have, a description of the
purpose or purposes of the bond issue, and whether excess property tax
levies authorized under RCW 84.52.056 will be authorized.
When it is required that such bonds be retired by excess property
tax levies, or when the governing body desires such bonds be retired by
excess property tax levies, the ballot proposition shall also include
authorization for such excess bond retirement property tax levies
provided under RCW 84.52.056.
Notice of the proposed election shall be published as required by
((RCW 29.27.080)) 29A.52.355.
Sec. 39 RCW 52.04.011 and 1999 c 105 s 1 are each amended to read
as follows:
(1) A territory adjacent to a fire protection district and not
within the boundaries of a city, town, or other fire protection
district may be annexed to the fire protection district by petition of
fifteen percent of the qualified registered electors residing within
the territory proposed to be annexed. Such territory may be located in
a county or counties other than the county or counties within which the
fire protection district is located. The petition shall be filed with
the fire commissioners of the fire protection district and if the fire
commissioners concur in the petition they shall file the petition with
the county auditor of the county within which the territory is located.
If this territory is located in more than one county, the original
petition shall be filed with the auditor of the county within which the
largest portion of the territory is located, who shall be designated as
the lead auditor, and a copy shall be filed with the auditor of each
other county within which such territory is located. Within thirty
days after the date of the filing of the petition the auditor shall
examine the signatures on the petition and certify to the sufficiency
or insufficiency of the signatures. If this territory is located in
more than one county, the auditor of each other county who receives a
copy of the petition shall examine the signatures and certify to the
lead auditor the number of valid signatures and the number of
registered voters residing in that portion of the territory that is
located within the county. The lead auditor shall certify the
sufficiency or insufficiency of the signatures.
After the county auditor has certified the sufficiency of the
petition, the county legislative authority or authorities, or the
boundary review board or boards, of the county or counties in which
such territory is located shall consider the proposal under the same
basis that a proposed incorporation of a fire protection district is
considered, with the same authority to act on the proposal as in a
proposed incorporation, as provided under chapter 52.02 RCW. If the
proposed annexation is approved by the county legislative authority or
boundary review board, the board of fire commissioners shall adopt a
resolution requesting the county auditor to call a special election, as
specified under RCW ((29.13.020)) 29A.04.330, at which the ballot
proposition is to be submitted. No annexation shall occur when the
territory proposed to be annexed is located in more than one county
unless the county legislative authority or boundary review board of
each county approves the proposed annexation.
(2) The county legislative authority or authorities of the county
or counties within which such territory is located have the authority
and duty to determine on an equitable basis, the amount of any
obligation which the territory to be annexed to the district shall
assume to place the property owners of the existing district on a fair
and equitable relationship with the property owners of the territory to
be annexed as a result of the benefits of annexing to a district
previously supported by the property owners of the existing district.
If a boundary review board has had its jurisdiction invoked on the
proposal and approves the proposal, the county legislative authority of
the county within which such territory is located may exercise the
authority granted in this subsection and require such an assumption of
indebtedness. This obligation may be paid to the district in yearly
benefit charge installments to be fixed by the county legislative
authority. This benefit charge shall be collected with the annual tax
levies against the property in the annexed territory until fully paid.
The amount of the obligation and the plan of payment established by the
county legislative authority shall be described in general terms in the
notice of election for annexation and shall be described in the ballot
proposition on the proposed annexation that is presented to the voters
for their approval or rejection. Such benefit charge shall be limited
to an amount not to exceed a total of fifty cents per thousand dollars
of assessed valuation: PROVIDED, HOWEVER, That the special election on
the proposed annexation shall be held only within the boundaries of the
territory proposed to be annexed to the fire protection district.
(3) On the entry of the order of the county legislative authority
incorporating the territory into the existing fire protection district,
the territory shall become subject to the indebtedness, bonded or
otherwise, of the existing district. If the petition is signed by
sixty percent of the qualified registered electors residing within the
territory proposed to be annexed, and if the board of fire
commissioners concur, an election in the territory and a hearing on the
petition shall be dispensed with and the county legislative authority
shall enter its order incorporating the territory into the existing
fire protection district.
Sec. 40 RCW 52.06.030 and 1989 c 63 s 14 are each amended to read
as follows:
The board of the merger district may, by resolution, reject or
approve the petition as presented, or it may modify the terms and
conditions of the proposed merger, and shall transmit the petition,
together with a copy of its resolution to the merging district.
If the petition is approved as presented or as modified, the board
of the merging district shall send an elector-signed petition, if there
is one, to the auditor or auditors of the county or counties in which
the merging district is located, who shall within thirty days examine
the signatures and certify to the sufficiency or insufficiency of the
signatures. If the merging district is located in more than one
county, the auditor of the county within which the largest portion of
the merging district is located shall be the lead auditor. Each other
auditor shall certify to the lead auditor the number of valid
signatures and the number of registered voters of the merging district
who reside in the county. The lead auditor shall certify as to the
sufficiency or insufficiency of the signatures. No signatures may be
withdrawn from the petition after the filing. A certificate of
sufficiency shall be provided to the board of the merging district,
which shall adopt a resolution requesting the county auditor or
auditors to call a special election, as provided in RCW ((29.13.020))
29A.04.330, for the purpose of presenting the question of merging the
districts to the voters of the merging district.
If there is no elector-signed petition, the merging district board
shall adopt a resolution requesting the county auditor or auditors to
call a special election in the merging district, as specified under RCW
((29.13.020)) 29A.04.330, for the purpose of presenting the question of
the merger to the electors.
Sec. 41 RCW 52.14.060 and 1994 c 223 s 53 are each amended to
read as follows:
The initial three members of the board of fire commissioners shall
be elected at the same election as when the ballot proposition is
submitted to the voters authorizing the creation of the fire protection
district. If the district is not authorized to be created, the
election of the initial fire commissioners shall be null and void. If
the district is authorized to be created, the initial fire
commissioners shall take office immediately when qualified. Candidates
shall file for each of the three separate fire commissioner positions.
Elections shall be held as provided in chapter ((29.21)) 29A.52 RCW,
with the county auditor opening up a special filing period as provided
in RCW ((29.15.170)) 29A.24.171 and ((29.15.180)) 42.12.070, as if
there were a vacancy. The person who receives the greatest number of
votes for each position shall be elected to that position. The terms
of office of the initial fire commissioners shall be staggered as
follows: (1) The person who is elected receiving the greatest number
of votes shall be elected to a six-year term of office if the election
is held in an odd-numbered year or a five-year term of office if the
election is held in an even-numbered year; (2) the person who is
elected receiving the next greatest number of votes shall be elected to
a four-year term of office if the election is held in an odd-numbered
year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected
to a two-year term of office if the election is held in an odd-numbered
year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately
when elected and qualified and their terms of office shall be
calculated from the first day of January in the year following their
election.
The term of office of each subsequent commissioner shall be six
years. Each commissioner shall serve until a successor is elected and
qualified and assumes office in accordance with RCW ((29.04.170))
29A.60.280.
Sec. 42 RCW 53.04.020 and 1992 c 147 s 1 are each amended to read
as follows:
At any general election or at any special election which may be
called for that purpose, the county legislative authority of any county
in this state may, or on petition of ten percent of the registered
voters of such county based on the total vote cast in the last general
county election, shall, by resolution submit to the voters of such
county the proposition of creating a port district coextensive with the
limits of such county. Such petition shall be filed with the county
auditor, who shall within fifteen days examine the signatures thereof
and certify to the sufficiency or insufficiency thereof((, and for such
purpose the county auditor shall have access to all registration books
in the possession of the officers of any incorporated city or town in
such proposed port district)). If such petition be found to be
insufficient, it shall be returned to the persons filing the same, who
may amend or add names thereto for ten days, when the same shall be
returned to the county auditor, who shall have an additional fifteen
days to examine the same and attach his or her certificate thereto. No
person having signed such petition shall be allowed to withdraw his or
her name therefrom after the filing of the same with the county
auditor. Whenever such petition shall be certified to as sufficient,
the county auditor shall forthwith transmit the same, together with his
or her certificate of sufficiency attached thereto, to the legislative
authority of the county, who shall submit such proposition at the next
general election or, if such petition so requests, the county
legislative authority shall, at their first meeting after the date of
such certificate, by resolution, call a special election to be held in
accordance with RCW ((29.13.010)) 29A.04.321 and ((29.13.020))
29A.04.330. The notice of election shall state the boundaries of the
proposed port district and the object of such election. In submitting
the question to the voters for their approval or rejection, the
proposition shall be expressed on the ballot substantially in the
following terms:
"Port of . . . . . ., Yes." (giving the name of the principal
seaport city within such proposed port district, or if there be more
than one city of the same class within such district, such name as may
be determined by the legislative authority of the county).
"Port of . . . . . ., No." (giving the name of the principal
seaport city within such port district, or if there be more than one
city of the same class within such district, such name as may be
determined by the legislative authority of the county).
Sec. 43 RCW 53.04.023 and 1997 c 256 s 1 are each amended to read
as follows:
A less than countywide port district with an assessed valuation of
at least one hundred fifty million dollars may be created in a county
that already has a less than countywide port district located within
its boundaries. Except as provided in this section, such a port
district shall be created in accordance with the procedure to create a
countywide port district.
The effort to create such a port district is initiated by the
filing of a petition with the county auditor calling for the creation
of such a port district, describing the boundaries of the proposed port
district, designating either three or five commissioner positions,
describing commissioner districts if the petitioners propose that the
commissioners represent districts, and providing a name for the
proposed port district. The petition must be signed by voters residing
within the proposed port district equal in number to at least ten
percent of such voters who voted at the last county general election.
A public hearing on creation of the proposed port district shall be
held by the county legislative authority if the county auditor
certifies that the petition contained sufficient valid signatures.
Notice of the public hearing must be published in the county's official
newspaper at least ten days prior to the date of the public hearing.
After taking testimony, the county legislative authority may make
changes in the boundaries of the proposed port district if it finds
that such changes are in the public interest and shall determine if the
creation of the port district is in the public interest. No area may
be added to the boundaries unless a subsequent public hearing is held
on the proposed port district.
The county legislative authority shall submit a ballot proposition
authorizing the creation of the proposed port district to the voters of
the proposed port district, at any special election date provided in
RCW ((29.13.020)) 29A.04.321 or 29A.04.330, if it finds the creation of
the port district to be in the public interest.
The port district shall be created if a majority of the voters
voting on the ballot proposition favor the creation of the port
district. The initial port commissioners shall be elected at the same
election, from districts or at large, as provided in the petition
initiating the creation of the port district. The election shall be
otherwise conducted as provided in RCW 53.12.172, but the election of
commissioners shall be null and void if the port district is not
created.
Sec. 44 RCW 53.04.080 and 1990 c 259 s 16 are each amended to
read as follows:
At any general election or at any special election which may be
called for that purpose the county legislative authority of any county
in this state in which there exists a port district which is not
coextensive with the limits of the county, shall on petition of the
commissioners of such port district, by resolution, submit to the
voters residing within the limits of any territory which the existing
port district desires to annex or include in its enlarged port
district, the proposition of enlarging the limits of such existing port
districts so as to include therein the whole of the territory embraced
within the boundaries of such county, or such territory as may be
described in the petition by legal subdivisions. Such petition shall
be filed with the county auditor, who shall forthwith transmit the same
to the county legislative authority, who shall submit such proposition
at the next general election, or, if such petition so request, the
county legislative authority, shall at their first meeting after the
date of filing such petition, by resolution, call a special election to
be held in accordance with RCW ((29.13.010)) 29A.04.321 and
((29.13.020)) 29A.04.330. The notice of election shall state the
boundaries of the proposed enlarged port district and the object of the
special election. In submitting the question to the voters of the
territory proposed to be annexed or included for their approval or
rejection, the proposition shall be expressed on the ballots
substantially in the following terms:
"Enlargement of the port of . . . . . ., yes." (Giving ((then
[the])) the name of the port district which it is proposed to enlarge);
"Enlargement of the port of . . . . . ., no." (Giving the name of
the port district which it is proposed to enlarge).
Such election, whether general or special, shall be held in each
precinct wholly or partially embraced within the limits of the
territory proposed to be annexed or included and shall be conducted and
the votes cast thereat counted, canvassed, and the returns thereof made
in the manner provided by law for holding general or special county
elections.
Sec. 45 RCW 53.12.172 and 1994 c 223 s 85 are each amended to
read as follows:
(1) In every port district the term of office of each port
commissioner shall be four years in each port district that is
countywide with a population of one hundred thousand or more, or either
six or four years in all other port districts as provided in RCW
53.12.175, and until a successor is elected and qualified and assumes
office in accordance with RCW ((29.04.170)) 29A.60.280.
(2) The initial port commissioners shall be elected at the same
election as when the ballot proposition is submitted to voters
authorizing the creation of the port district. If the port district is
created the persons elected at this election shall serve as the initial
port commission. No primary shall be held. The person receiving the
greatest number of votes for commissioner from each commissioner
district shall be elected as the commissioner of that district.
(3) The terms of office of the initial port commissioners shall be
staggered as follows in a port district that is countywide with a
population of one hundred thousand or more: (a) The two persons who
are elected receiving the two greatest numbers of votes shall be
elected to four-year terms of office if the election is held in an odd-numbered year, or three-year terms of office if the election is held in
an even-numbered year, and shall hold office until successors are
elected and qualified and assume office in accordance with RCW
((29.04.170)) 29A.60.280; and (b) the other person who is elected shall
be elected to a two-year term of office if the election is held in an
odd-numbered year, or a one-year term of office if the election is held
in an even-numbered year, and shall hold office until a successor is
elected and qualified and assumes office in accordance with RCW
((29.04.170)) 29A.60.280.
(4) The terms of office of the initial port commissioners in all
other port districts shall be staggered as follows: (a) The person who
is elected receiving the greatest number of votes shall be elected to
a six-year term of office if the election is held in an odd-numbered
year or to a five-year term of office if the election is held in an
even-numbered year, and shall hold office until a successor is elected
and qualified and assumes office in accordance with RCW ((29.04.170))
29A.60.280; (b) the person who is elected receiving the next greatest
number of votes shall be elected to a four-year term of office if the
election is held in an odd-numbered year or to a three-year term of
office if the election is held in an even-numbered year, and shall hold
office until a successor is elected and qualified and assumes office in
accordance with RCW ((29.04.170)) 29A.60.280; and (c) the other person
who is elected shall be elected to a two-year term of office if the
election is held in an odd-numbered year or a one-year term of office
if the election is held in an even-numbered year, and shall hold office
until a successor is elected and qualified and assumes office in
accordance with RCW ((29.04.170)) 29A.60.280.
(5) The initial port commissioners shall take office immediately
after being elected and qualified, but the length of their terms shall
be calculated from the first day in January in the year following their
elections.
Sec. 46 RCW 53.12.221 and 1992 c 146 s 4 are each amended to read
as follows:
Port commissioners of countywide port districts with populations of
one hundred thousand or more who are holding office as of June 11,
1992, shall retain their positions for the remainder of their terms
until their successors are elected and qualified, and assume office in
accordance with RCW ((29.04.170)) 29A.60.280. Their successors shall
be elected to four-year terms of office except as otherwise provided in
RCW 53.12.130.
Sec. 47 RCW 54.08.060 and 1994 c 223 s 55 are each amended to
read as follows:
Whenever a proposition for the formation of a public utility
district is to be submitted to voters in any county, the county
legislative authority may by resolution call a special election, and at
the request of petitioners for the formation of such district contained
in the petition shall do so and shall provide for holding the same at
the earliest practicable time. If the boundaries of the proposed
district embrace an area less than the entire county, such election
shall be confined to the area so included. The notice of such election
shall state the boundaries of the proposed district and the object of
such election; in other respects, such election shall be held and
called in the same manner as provided by law for the holding and
calling of general elections: PROVIDED, That notice thereof shall be
given for not less than ten days nor more than thirty days prior to
such special election. In submitting the proposition to the voters for
their approval or rejection, such proposition shall be expressed on the
ballots in substantially the following terms:
Public Utility District No. . . . . . . . . . . . . YES
Public Utility District No. . . . . . . . . . . . . NO
At the same special election on the proposition to form a public
utility district, there shall also be an election for three public
utility district commissioners. However, the election of such
commissioners shall be null and void if the proposition to form the
public utility district does not receive approval by a majority of the
voters voting on the proposition. No primary shall be held. A special
filing period shall be opened as provided in RCW ((29.15.170 and
29.15.180)) 29A.24.171. The person receiving the greatest number of
votes for the commissioner of each commissioner district shall be
elected as the commissioner of that district. Commissioner districts
shall be established as provided in RCW 54.12.010. The terms of the
initial commissioners shall be staggered as follows: (1) The person
who is elected receiving the greatest number of votes shall be elected
to a six-year term of office if the election is held in an even-numbered year or a five-year term if the election is held in an odd-numbered year; (2) the person who is elected receiving the next
greatest number of votes shall be elected to a four-year term of office
if the election is held in an even-numbered year or a three-year term
of office if the election is held in an odd-numbered year; and (3) the
other person who is elected shall be elected to a two-year term of
office if the election is held in an even-numbered year or a one-year
term of office if the election is held in an odd-numbered year. The
commissioners first to be elected at such special election shall assume
office immediately when they are elected and qualified, but the length
of their terms of office shall be calculated from the first day in
January in the year following their elections.
The term "general election" as used herein means biennial general
elections at which state and county officers in a noncharter county are
elected.
Sec. 48 RCW 57.12.030 and 1996 c 230 s 403 are each amended to
read as follows:
Except as in this section otherwise provided, the term of office of
each district commissioner shall be six years, such term to be computed
from the first day of January following the election, and commissioners
shall serve until their successors are elected and qualified and assume
office in accordance with RCW ((29.04.170)) 29A.60.280.
Three initial district commissioners shall be elected at the same
election at which the proposition is submitted to the voters as to
whether such district shall be formed. The election of initial
district commissioners shall be null and void if the ballot proposition
to form the district is not approved. Each candidate shall run for one
of three separate commissioner positions. A special filing period
shall be opened as provided in RCW ((29.15.170 and 29.15.180))
29A.24.171. The person receiving the greatest number of votes for each
position shall be elected to that position.
The initial district commissioners shall assume office immediately
when they are elected and qualified. Staggering of the terms of office
for the initial district commissioners shall be accomplished as
follows: (1) The person who is elected receiving the greatest number
of votes shall be elected to a six-year term of office if the election
is held in an odd-numbered year or a five-year term of office if the
election is held in an even-numbered year; (2) the person who is
elected receiving the next greatest number of votes shall be elected to
a four-year term of office if the election is held in an odd-numbered
year or a three-year term of office if the election is held in an even-
numbered year; and (3) the other person who is elected shall be elected
to a two-year term of office if the election is held in an odd-numbered
year or a one-year term of office if the election is held in an even-numbered year. The terms of office shall be calculated from the first
day of January after the election.
Thereafter, commissioners shall be elected to six-year terms of
office. Commissioners shall serve until their successors are elected
and qualified and assume office in accordance with RCW ((29.04.170))
29A.60.280.
Sec. 49 RCW 57.12.039 and 2001 c 63 s 4 are each amended to read
as follows:
(1) Notwithstanding RCW 57.12.020 and 57.12.030, the board of
commissioners may provide by majority vote that subsequent
commissioners be elected from commissioner districts within the
district. If the board exercises this option, it shall divide the
district into three, five, or seven if the number of commissioners has
been increased under RCW 57.12.015, commissioner districts of
approximately equal population following current precinct and district
boundaries.
(2) Commissioner districts shall be used as follows: (a) Only a
registered voter who resides in a commissioner district may be a
candidate for, or serve as, a commissioner of the commissioner
district; and (b) only voters of a commissioner district may vote at a
primary to nominate candidates for a commissioner of the commissioner
district. Voters of the entire district may vote at a general election
to elect a person as a commissioner of the commissioner district.
Commissioner districts shall be redrawn as provided in chapter
((29.70)) 29A.76 RCW.
(3) In districts in which commissioners are nominated from
commissioner districts, at the inception of a five-member or a seven-member board of commissioners, the new commissioner districts shall be
numbered one through five or one through seven and the incumbent
commissioners shall represent up to five commissioner districts
depending on the amount of commissioners. If, as a result of redrawing
the district boundaries two or three of the incumbent commissioners
reside in one of the new commissioner districts, the commissioners who
reside in the same commissioner district shall determine by lot which
of the first three or five numbered commissioner districts they shall
represent for the remainder of their respective terms. A primary shall
be held to nominate candidates from the remaining districts where
necessary and commissioners shall be elected at large at the general
election. The persons elected as commissioners from the remaining
commissioner districts shall take office immediately after
qualification as defined under RCW ((29.01.135)) 29A.04.133.
Sec. 50 RCW 57.24.240 and 2007 c 31 s 2 are each amended to read
as follows:
(1) If a resolution calling for an annexation election as provided
in RCW 57.24.230 is presented for hearing, the legislative authority of
each county in which the territory proposed for annexation is located
shall hear the resolution or may adjourn and reconvene the hearing as
deemed necessary for its purposes. The hearing, however, may not
exceed four weeks in duration. Any person, firm, or corporation may
appear before the legislative authority or authorities and make
objections to the proposed boundary lines or to annexation of the
territory described in the resolution.
(2) Upon a final hearing, each county legislative authority may
make changes to the proposed boundary lines within the county as it
deems proper and shall formally establish and define the boundaries.
Each legislative authority also shall find whether the proposed
annexation will be conducive to the public health, welfare, and
convenience and whether it will be of special benefit to the land
included within the boundaries of the proposed annexation. No lands
that will not, in the judgment of the legislative authority, benefit by
inclusion therein, may be included within the boundaries of the
territory as established and defined. The legislative authority may
not include within the territory proposed for annexation any territory
outside of the boundary lines described in the resolution adopted by
the district under RCW 57.24.230(2).
(3) Upon the entry of the findings of the final hearing, each
county legislative authority, if it finds the proposed annexation
satisfies the requirements of subsection (2) of this section, shall
give notice of a special election to be held within the boundaries of
the territory proposed for annexation for the purpose of determining
whether the same shall be annexed to the district. The notice shall:
(a) Describe the boundaries established by the legislative
authority;
(b) State the name of the district to which the territory is
proposed to be annexed;
(c) Be published in a newspaper of general circulation in the
territory proposed for annexation at least once a week for a minimum of
two successive weeks prior to the election;
(d) Be posted for the same period in at least four public places
within the boundaries of the territory proposed for annexation; and
(e) Designate the places within the territory proposed for
annexation where the election shall be held.
(4) The proposition to the voters shall be expressed on ballots
containing the words:
Sec. 51 RCW 68.52.250 and 1990 c 259 s 34 are each amended to
read as follows:
Special elections submitting propositions to the registered voters
of the district may be called at any time by resolution of the cemetery
commissioners in accordance with RCW ((29.13.010)) 29A.04.321 and
((29.13.020)) 29A.04.330, and shall be called, noticed, held, conducted
and canvassed in the same manner and by the same officials as provided
for the election to determine whether the district shall be created.
Sec. 52 RCW 70.44.047 and 1997 c 99 s 6 are each amended to read
as follows:
If, as the result of redrawing the boundaries of commissioner
districts as permitted or required under the provisions of this
chapter, chapter ((29.70)) 29A.76 RCW, or any other statute, more than
the correct number of commissioners who are associated with
commissioner districts reside in the same commissioner district, a
commissioner or commissioners residing in that redrawn commissioner
district equal in number to the number of commissioners in excess of
the correct number shall be assigned to the drawn commissioner district
or districts in which less than the correct number of commissioners
associated with commissioner districts reside. The commissioner or
commissioners who are so assigned shall be those with the shortest
unexpired term or terms of office, but if the number of such
commissioners with the same terms of office exceeds the number that are
to be assigned, the board of commissioners shall select by lot from
those commissioners which one or ones are assigned. A commissioner who
is so assigned shall be deemed to be a resident of the commissioner
district to which he or she is assigned for purposes of determining
whether a position is vacant.
Sec. 53 RCW 82.14.036 and 1983 c 99 s 2 are each amended to read
as follows:
Any referendum petition to repeal a county or city ordinance
imposing a tax or altering the rate of the tax authorized under RCW
82.14.030(2) shall be filed with a filing officer, as identified in the
ordinance, within seven days of passage of the ordinance. Within ten
days, the filing officer shall confer with the petitioner concerning
form and style of the petition, issue an identification number for the
petition, and write a ballot title for the measure. The ballot title
shall be posed as a question so that an affirmative answer to the
question and an affirmative vote on the measure results in the tax or
tax rate increase being imposed and a negative answer to the question
and a negative vote on the measure results in the tax or tax rate
increase not being imposed. The petitioner shall be notified of the
identification number and ballot title within this ten-day period.
After this notification, the petitioner shall have thirty days in
which to secure on petition forms the signatures of not less than
fifteen percent of the registered voters of the county for county
measures, or not less than fifteen percent of the registered voters of
the city for city measures, and to file the signed petitions with the
filing officer. Each petition form shall contain the ballot title and
the full text of the measure to be referred. The filing officer shall
verify the sufficiency of the signatures on the petitions. If
sufficient valid signatures are properly submitted, the filing officer
shall submit the referendum measure to the county or city voters at a
general or special election held on one of the dates provided in RCW
((29.13.010)) 29A.04.321 or 29A.04.330 as determined by the county
legislative authority or city council, which election shall not take
place later than one hundred twenty days after the signed petition has
been filed with the filing officer.
After April 22, 1983, the referendum procedure provided in this
section shall be the exclusive method for subjecting any county or city
ordinance imposing a tax or altering the rate under RCW 82.14.030(2) to
a referendum vote.
Any county or city tax authorized under RCW 82.14.030(2) that has
been imposed prior to April 22, 1983, is not subject to the referendum
procedure provided for in this section.
Sec. 54 RCW 82.46.021 and 2000 c 103 s 16 are each amended to
read as follows:
Any referendum petition to repeal a county or city ordinance
imposing a tax or altering the rate of the tax authorized under RCW
82.46.010(3) shall be filed with a filing officer, as identified in the
ordinance, within seven days of passage of the ordinance. Within ten
days, the filing officer shall confer with the petitioner concerning
form and style of the petition, issue an identification number for the
petition, and write a ballot title for the measure. The ballot title
shall be posed as a question so that an affirmative answer to the
question and an affirmative vote on the measure results in the tax or
tax rate increase being imposed and a negative answer to the question
and a negative vote on the measure results in the tax or tax rate
increase not being imposed. The petitioner shall be notified of the
identification number and ballot title within this ten-day period.
After this notification, the petitioner shall have thirty days in
which to secure on petition forms the signatures of not less than
fifteen percent of the registered voters of the county for county
measures, or not less than fifteen percent of the registered voters of
the city for city measures, and to file the signed petitions with the
filing officer. Each petition form shall contain the ballot title and
the full text of the measure to be referred. The filing officer shall
verify the sufficiency of the signatures on the petitions. If
sufficient valid signatures are properly submitted, the filing officer
shall submit the referendum measure to the county or city voters at a
general or special election held on one of the dates provided in RCW
((29.13.010)) 29A.04.321 or 29A.04.330 as determined by the county
legislative authority or city council, which election shall not take
place later than one hundred twenty days after the signed petition has
been filed with the filing officer.
After April 22, 1983, the referendum procedure provided for in this
section shall be the exclusive method for subjecting any county or city
ordinance imposing a tax or increasing the rate under RCW 82.46.010(3)
to a referendum vote.
Any county or city tax authorized under RCW 82.46.010(3) that has
been imposed prior to April 22, 1983, is not subject to the referendum
procedure provided for in this section.
Sec. 55 RCW 82.80.090 and 1990 c 42 s 214 are each amended to
read as follows:
A referendum petition to repeal a county or city ordinance imposing
a tax or fee authorized under RCW 82.80.020 and 82.80.030 must be filed
with a filing officer, as identified in the ordinance, within seven
days of passage of the ordinance. Within ten days, the filing officer
shall confer with the petitioner concerning form and style of the
petition, issue an identification number for the petition, and write a
ballot title for the measure. The ballot title shall be posed as a
question so that an affirmative answer to the question and an
affirmative vote on the measure results in the tax or fee being imposed
and a negative answer to the question and a negative vote on the
measure results in the tax or fee not being imposed. The petitioner
shall be notified of the identification number and ballot title within
this ten-day period.
After this notification, the petitioner has thirty days in which to
secure on petition forms the signatures of not less than fifteen
percent of the registered voters of the county for county measures, or
not less than fifteen percent of the registered voters of the city for
city measures, and to file the signed petitions with the filing
officer. Each petition form must contain the ballot title and the full
text of the measure to be referred. The filing officer shall verify
the sufficiency of the signatures on the petitions. If sufficient
valid signatures are properly submitted, the filing officer shall
submit the referendum measure to the county or city voters at a general
or special election held on one of the dates provided in RCW
((29.13.010)) 29A.04.321 or 29A.04.330 as determined by the county or
city legislative authority, which election shall not take place later
than one hundred twenty days after the signed petition has been filed
with the filing officer.
The referendum procedure provided in this section is the exclusive
method for subjecting any county or city ordinance imposing a tax or
fee under RCW 82.80.020 and 82.80.030 to a referendum vote.
Sec. 56 RCW 85.38.060 and 1991 c 349 s 10 are each amended to
read as follows:
The county legislative authority or authorities shall cause an
election on the question of creating the special district to be held if
findings as provided in RCW 85.38.050 are made. The county legislative
authority or authorities shall designate a time and date for such
election, which shall be one of the special election dates provided for
in RCW ((29.13.020, together with the site or sites at which votes may
be cast)) 29A.04.321 or 29A.04.330. The persons allowed to vote on the
creation of a special district shall be those persons who, if the
special district were created, would be qualified voters of the special
district as described in RCW 85.38.010. The county auditor or auditors
of the counties within which the proposed special district is located
shall conduct the election and prepare a list of presumed eligible
voters.
Notices for the election shall be published as provided in RCW
85.38.040. The special district shall be created if the proposition to
create the special district is approved by a simple majority vote of
the voters voting on the proposition and the special district may
assume operations whenever the initial members of the governing body
are appointed as provided in RCW 85.38.070.
Any special district created after July 28, 1985, may only have
special assessments measured and imposed, and budgets adopted, as
provided in RCW 85.38.140 through 85.38.170.
If the special district is created, the county or counties may
charge the special district for the costs incurred by the county
engineer or engineers pursuant to RCW 85.38.030 and the costs of the
auditor or auditors related to the election to authorize the creation
of the special district pursuant to this section. Such county actions
shall be deemed to be special benefits of the property located within
the special district that are paid through the imposition of special
assessments.
Sec. 57 RCW 85.38.070 and 1991 c 349 s 11 are each amended to
read as follows:
(1) Except as provided in RCW 85.38.090, each special district
shall be governed by a three-member governing body. The term of office
for each member of a special district governing body shall be six years
and until his or her successor is elected and qualified. One member of
the governing body shall be elected at the time of special district
general elections in each even-numbered year for a term of six years
beginning as soon as the election returns have been certified for
assumption of office by elected officials of cities.
(2) The terms of office of members of the governing bodies of
special districts, who are holding office on July 28, 1985, shall be
altered to provide staggered six-year terms as provided in this
subsection. The member who on July 28, 1985, has the longest term
remaining shall have his or her term altered so that the position will
be filled at the February 1992, special district general election; the
member with the second longest term remaining shall have his or her
term altered so that the position will be filled at the December, 1989,
special district general election; and the member with the third
longest term of office shall have his or her term altered so that the
position will be filled at the December, 1987, special district general
election.
(3) The initial members of the governing body of a newly created
special district shall be appointed by the legislative authority of the
county within which the special district, or the largest portion of the
special district, is located. These initial governing body members
shall serve until their successors are elected and qualified at the
next special district general election held at least ninety days after
the special district is established. At that election the first
elected members of the governing body shall be elected. No primary
elections may be held. Any voter of a special district may become a
candidate for such a position by filing written notice of this
intention with the county auditor at least thirty, but not more than
sixty, days before a special district general election. The county
auditor in consultation with the special district shall establish the
filing period. The names of all candidates for such positions shall be
listed alphabetically. At this first election, the candidate receiving
the greatest number of votes shall have a six-year term, the candidate
receiving the second greatest number of votes shall have a four-year
term, and the candidate receiving the third greatest number of votes
shall have a two-year term of office. The initially elected members of
a governing body shall take office immediately when qualified as
defined in RCW ((29.01.135)) 29A.04.133. Thereafter the candidate
receiving the greatest number of votes shall be elected for a six-year
term of office. Members of a governing body shall hold their office
until their successors are elected and qualified, and assume office as
soon as the election returns have been certified.
(4) The requirements for the filing period and method for filing
declarations of candidacy for the governing body of the district and
the arrangement of candidate names on the ballot for all special
district elections conducted after the initial election in the district
shall be the same as the requirements for the initial election in the
district. No primary elections may be held for the governing body of
a special district.
(5) Whenever a vacancy occurs in the governing body of a special
district, the legislative authority of the county within which the
special district, or the largest portion of the special district, is
located, shall appoint a district voter to serve until a person is
elected, at the next special district general election occurring sixty
or more days after the vacancy has occurred, to serve the remainder of
the unexpired term. The person so elected shall take office
immediately when qualified as defined in RCW ((29.01.135)) 29A.04.133.
If an election for the position which became vacant would otherwise
have been held at this special district election, only one election
shall be held and the person elected to fill the succeeding term for
that position shall take office immediately when qualified as defined
in RCW ((29.01.135)) 29A.04.133 and shall serve both the remainder of
the unexpired term and the succeeding term. A vacancy occurs upon the
death, resignation, or incapacity of a governing body member or
whenever the governing body member ceases being a qualified voter of
the special district.
(6) An elected or appointed member of a special district governing
body, or a candidate for a special district governing body, must be a
qualified voter of the special district: PROVIDED, That the state, its
agencies and political subdivisions, or their designees under RCW
85.38.010(3) shall not be eligible for election or appointment.
Sec. 58 RCW 87.03.083 and 1979 ex.s. c 185 s 15 are each amended
to read as follows:
Every member of an irrigation district board of directors is
subject to recall and discharge by the legal voters of such district
pursuant to the provisions of chapter ((29.82)) 29A.56 RCW.
Sec. 59 RCW 52.26.080 and 2011 c 141 s 3 are each amended to read
as follows:
(1) The board shall adopt rules for the conduct of business. The
board shall adopt bylaws to govern authority affairs, which may
include:
(a) The time and place of regular meetings;
(b) Rules for calling special meetings;
(c) The method of keeping records of proceedings and official acts;
(d) Procedures for the safekeeping and disbursement of funds; and
(e) Any other provisions the board finds necessary to include.
(2) The governing board shall be determined by the plan. However,
only elected officials of participating fire protection jurisdictions
and elected commissioners of the authority as provided in subsection
(3) of this section are eligible to serve on the board.
(3)(a) A regional fire protection service authority plan may create
one or more regional fire protection service authority commissioner
positions to serve on a governing board. The following provisions
define the qualifications, compensation, terms, and responsibilities of
regional fire protection service authority commissioner positions:
(i) RCW 52.14.010 governs the compensation, qualifications, and
ability to serve as a volunteer firefighter; and
(ii) ((RCW 52.14.030 governs the polling places for elections; and)) RCW 52.14.050 governs commissioner vacancies.
(iii)
(b) The terms of office for regional fire protection service
authority commissioner positions may be established by the plan,
however, no single term may exceed six years and the terms of multiple
positions must be staggered.
(c) Regional fire protection service authority commissioners shall
take an oath of office in the manner specified by RCW 52.14.070.
(4)(a) A regional fire protection service authority plan may create
commissioner districts. If commissioner districts are created, the
population of each commissioner district must be approximately equal.
Commissioner districts must be redrawn as provided in chapter 29A.76
RCW.
(b) Commissioner districts shall be used as follows: (i) Only a
registered voter who resides in a commissioner district may be a
candidate for, or serve as, a commissioner of the commissioner
district; and (ii) only voters of a commissioner district may vote at
a primary to nominate candidates for a commissioner of the commissioner
district. All voters of the proposed authority must be eligible to
vote at a general election to elect a commissioner of the commissioner
district. If a plan includes elected officials from participating fire
protection jurisdictions, the commissioner districts may be based, in
part, on the jurisdictional boundaries of the participating
jurisdictions.
Sec. 60 RCW 29A.04.321 and 2013 c 11 s 8 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. 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 second Tuesday in February;
(b) The fourth Tuesday in April;
(c) The day of the primary as specified by RCW 29A.04.311; or
(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) and (b) of this section must be presented to the
county auditor at least forty-six days prior to the election date. A
resolution calling for a special election on a date set forth in
subsection (2)(c) of this section must be presented to the county
auditor no later than the Friday immediately before the first day of
regular candidate filing. A resolution calling for a special election
on a date set forth in subsection (2)(d) of this section must be
presented to the county auditor no later than the day of the primary.
(4) In addition to the dates set forth in subsection (2)(a) through
(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) This section shall supersede the provisions of any and all
other statutes, whether general or special in nature, having different
dates and deadlines for such state, county, city, town, and district
elections, the purpose of this section being to establish mandatory
dates and deadlines for ((holding)) elections. 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. 61 RCW 29A.04.330 and 2013 c 11 s 9 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; and
(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, shall 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. Such a special election shall be
held on one of the following dates as decided by the governing body:
(a) The second Tuesday in February;
(b) The fourth Tuesday in April;
(c) The day of the primary election as specified by RCW 29A.04.311;
or
(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) and (b) of this section must be presented to the
county auditor at least forty-six days prior to the election date. A
resolution calling for a special election on a date set forth in
subsection (2)(c) of this section must be presented to the county
auditor no later than the Friday immediately before the first day of
regular candidate filing. A resolution calling for a special election
on a date set forth in subsection (2)(d) of this section must be
presented to the county auditor no later than the day of the primary.
(4) In addition to subsection (2)(a) through (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)(c) and (d) of this section. Such special
election shall be conducted and notice thereof given in the manner
provided by law.
(5) This section shall supersede the provisions of any and all
other statutes, whether general or special in nature, having different
dates and deadlines for such city, town, and district elections, the
purpose of this section being to establish mandatory dates for
((holding)) elections.
Sec. 62 RCW 29A.08.161 and 2004 c 271 s 107 are each amended to
read as follows:
No record may be created or maintained by a state or local
governmental agency or a political organization that identifies a voter
with the information marked on the voter's ballot((, including the
choice that a voter makes on a partisan primary ballot regarding
political party affiliation)).
Sec. 63 RCW 29A.08.210 and 2009 c 369 s 16 are each amended to
read as follows:
An applicant for voter registration shall complete an application
providing the following information concerning his or her
qualifications as a voter in this state:
(1) The former address of the applicant if previously registered to
vote;
(2) The applicant's full name;
(3) The applicant's date of birth;
(4) The address of the applicant's residence for voting purposes;
(5) The mailing address of the applicant if that address is not the
same as the address in subsection (4) of this section;
(6) The sex of the applicant;
(7) The applicant's Washington state driver's license number,
Washington state identification card number, or the last four digits of
the applicant's social security number if he or she does not have a
Washington state driver's license or Washington state identification
card;
(8) A check box allowing the applicant to indicate that he or she
is a member of the armed forces, national guard, or reserves, or that
he or she is an overseas voter;
(9) A check box allowing the applicant to confirm that he or she is
at least eighteen years of age or will be eighteen years of age by the
next election;
(10) Clear and conspicuous language, designed to draw the
applicant's attention, stating that the applicant must be a United
States citizen in order to register to vote;
(11) A check box and declaration confirming that the applicant is
a citizen of the United States;
(12) The following warning:
"If you knowingly provide false information on this voter
registration form or knowingly make a false declaration about your
qualifications for voter registration you will have committed a class
C felony that is punishable by imprisonment for up to five years, a
fine of up to ten thousand dollars, or both."
(13) The ((oath)) declaration required by RCW 29A.08.230 and a
space for the applicant's signature; and
(14) Any other information that the secretary of state determines
is necessary to establish the identity of the applicant and prevent
duplicate or fraudulent voter registrations.
This information shall be recorded on a single registration form to
be prescribed by the secretary of state.
Sec. 64 RCW 29A.08.230 and 2013 c 11 s 14 are each amended to
read as follows:
For all voter registrations, the registrant shall sign the
following ((oath)) declaration:
"I declare that the facts on this voter registration form are true.
I am a citizen of the United States, I will have lived at this address
in Washington for at least thirty days immediately before the next
election at which I vote, I will be at least eighteen years old when I
vote, I am not disqualified from voting due to a court order, and I am
not under the authority of the department of corrections
((supervision)) for a Washington felony conviction."
Sec. 65 RCW 29A.24.111 and 2006 c 206 s 5 are each amended to
read as follows:
Filing fee petitions may be rejected for the following reasons:
(1) The petition is not in the proper form;
(2) The petition clearly bears insufficient signatures;
(3) The petition is not accompanied by a declaration of candidacy;
(4) The time within which the petition and the declaration of
candidacy could have been filed has expired.
If the petition is accepted, the officer with whom it is filed
shall canvass the signatures contained on it and shall reject the
signatures of those persons who are not registered voters and the
signatures of those persons who are not registered to vote within the
jurisdiction of the office for which the filing fee petition is filed.
He or she shall additionally reject any signature that appears on the
filing fee petitions of two or more candidates for the same office, and
((shall also reject, each time it appears, the name)) all but the first
valid signature of any person who signs the same petition more than
once.
If the officer with whom the petition is filed refuses to accept
the petition or refuses to certify the petition as bearing sufficient
valid signatures, the person filing the petition may appeal that action
to the superior court. The application for judicial review shall take
precedence over other cases and matters and shall be speedily heard and
determined.
Sec. 66 RCW 29A.40.110 and 2011 c 349 s 18, 2011 c 348 s 4, and
2011 c 10 s 41 are each reenacted and amended to read as follows:
(1) The opening and subsequent processing of return envelopes for
any primary or election may begin upon receipt. The tabulation of
((absentee)) ballots must not commence until after 8:00 p.m. on the day
of the primary or election.
(2) All received return envelopes must be placed in secure
locations from the time of delivery to the county auditor until their
subsequent opening. After opening the return envelopes, the county
canvassing board shall place all of the ballots in secure storage until
processing. Ballots may be taken from the inner envelopes and all the
normal procedural steps may be performed to prepare these ballots for
tabulation.
(3) The canvassing board, or its designated representatives, shall
examine the postmark on the return envelope and signature on the
declaration before processing the ballot. The ballot must either be
received no later than 8:00 p.m. on the day of the primary or election,
or must be postmarked no later than the day of the primary or election.
All personnel assigned to verify signatures must receive training on
statewide standards for signature verification. Personnel shall verify
that the voter's signature on the ballot declaration is the same as the
signature of that voter in the registration files of the county.
Verification may be conducted by an automated verification system
approved by the secretary of state. A variation between the signature
of the voter on the ballot declaration and the signature of that voter
in the registration files due to the substitution of initials or the
use of common nicknames is permitted so long as the surname and
handwriting are clearly the same.
(4) If the postmark is missing or illegible, the date on the ballot
declaration to which the voter has attested determines the validity, as
to the time of voting, for that ballot. For overseas voters and
service voters, the date on the declaration to which the voter has
attested determines the validity, as to the time of voting, for that
ballot. Any overseas voter or service voter may return the signed
declaration and voted ballot by fax or e-mail by 8:00 p.m. on the day
of the primary or election, and the county auditor must use established
procedures to maintain the secrecy of the ballot.
Sec. 67 RCW 29A.60.221 and 2004 c 271 s 176 are each amended to
read as follows:
(1) If ((the requisite number of any federal, state, county, city,
or district offices have not been nominated in a primary by reason of))
two or more ((persons having)) candidates in the same race in a primary
receive an equal and requisite number of votes for ((being placed on))
qualifying for the general election ballot, the official empowered by
state law to certify candidates for the general election ballot shall
give notice to the ((several persons so having the equal and requisite
number of votes to attend at the appropriate office at the time
designated by that official, who shall then and there proceed))
candidates of the time and place where the official shall publicly
((to)) decide by lot which of those persons will be declared
((nominated and placed on)) qualified for the general election ballot.
(2) If ((the requisite number of any federal, state, county, city,
district, or precinct officers have not been elected by reason of)) two
or more ((persons having)) candidates in the same race in the general
election receive an equal and highest number of votes ((for one and the
same office)), the official empowered by state law to issue the
original certificate of election shall give notice to the ((several
persons so having the highest and equal number of votes to attend at
the appropriate office at the time to be appointed by that official,
who shall then and there proceed)) candidates of the time and place
where the official shall publicly ((to)) decide by lot which of those
persons will be declared duly elected, and the official shall make out
and deliver to the person thus duly declared elected a certificate of
election.
Sec. 68 RCW 35.21.005 and 2008 c 196 s 1 are each amended to read
as follows:
Wherever in this title petitions are required to be signed and
filed, the following rules shall govern the sufficiency thereof:
(1) A petition may include any page or group of pages containing an
identical text or prayer intended by the circulators, signers or
sponsors to be presented and considered as one petition and containing
the following essential elements when applicable, except that the
elements referred to in (d) and (e) of this subsection are essential
for petitions referring or initiating legislative matters to the
voters, but are directory as to other petitions:
(a) The text or prayer of the petition which shall be a concise
statement of the action or relief sought by petitioners and shall
include a reference to the applicable state statute or city ordinance,
if any;
(b) If the petition initiates or refers an ordinance, a true copy
thereof;
(c) If the petition seeks the annexation, incorporation,
withdrawal, or reduction of an area for any purpose, an accurate legal
description of the area proposed for such action and if practical, a
map of the area;
(d) Numbered lines for signatures with space provided beside each
signature for the name and address of the signer and the date of
signing;
(e) The warning statement prescribed in subsection (2) of this
section.
(2) Petitions shall be printed or typed on single sheets of white
paper of good quality and each sheet of petition paper having a space
thereon for signatures shall contain the text or prayer of the petition
and the following warning:
Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor.
Sec. 69 RCW 35.22.120 and 1965 c 7 s 35.22.120 are each amended
to read as follows:
On petition of a number (equal to fifteen percent of the total
number of votes cast at the last preceding general state election) of
qualified voters of any municipality having adopted a charter under the
laws of this state, asking the adoption of a specified charter
amendment, providing for any matter within the realm of local affairs,
or municipal business, the said amendment shall be submitted to the
voters at the next regular municipal election((, occurring thirty days
or more after said petition is filed)) according to RCW 29A.04.330, and
if approved by a majority of the local electors of the municipality
voting upon it, such amendment shall become a part of the charter
organic law governing such municipality.
Sec. 70 RCW 35A.01.040 and 2008 c 196 s 2 are each amended to
read as follows:
Wherever in this title petitions are required to be signed and
filed, the following rules shall govern the sufficiency thereof:
(1) A petition may include any page or group of pages containing an
identical text or prayer intended by the circulators, signers or
sponsors to be presented and considered as one petition and containing
the following essential elements when applicable, except that the
elements referred to in (d) and (e) of this subsection are essential
for petitions referring or initiating legislative matters to the
voters, but are directory as to other petitions:
(a) The text or prayer of the petition which shall be a concise
statement of the action or relief sought by petitioners and shall
include a reference to the applicable state statute or city ordinance,
if any;
(b) If the petition initiates or refers an ordinance, a true copy
thereof;
(c) If the petition seeks the annexation, incorporation,
withdrawal, or reduction of an area for any purpose, an accurate legal
description of the area proposed for such action and if practical, a
map of the area;
(d) Numbered lines for signatures with space provided beside each
signature for the name and address of the signer and the date of
signing;
(e) The warning statement prescribed in subsection (2) of this
section.
(2) Petitions shall be printed or typed on single sheets of white
paper of good quality and each sheet of petition paper having a space
thereon for signatures shall contain the text or prayer of the petition
and the following warning:
Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor.
Sec. 71 RCW 53.12.175 and 2013 c 160 s 1 are each amended to read
as follows:
A ballot proposition to reduce the terms of office of port
commissioners from six years to four years shall be submitted to the
voters of any port district that otherwise would have commissioners
with six-year terms of office upon either resolution of the port
commissioners or petition of voters of the port district proposing the
reduction in terms of office, which petition has been signed by voters
of the port district equal in number to at least ten percent of the
number of voters in the port district voting at the last general
election. The petition shall be submitted to the county auditor. If
the petition was signed by sufficient valid signatures, the ballot
proposition shall be submitted at the next general election ((that
occurs sixty or more days after the adoption of the resolution or
submission of the petition)) according to RCW 29A.04.330.
If the ballot proposition reducing the terms of office of port
commissioners is approved by a simple majority vote of the voters
voting on the proposition, the commissioner or commissioners who are
elected at that election shall be elected to four-year terms of office.
The terms of office of the other commissioners shall not be reduced,
but each successor shall be elected to a four-year term of office.
Sec. 72 RCW 29A.08.107 and 2009 c 369 s 9 are each amended to
read as follows:
(1) If the driver's license number, state identification card
number, or last four digits of the social security number provided by
the applicant match the information maintained by the Washington
department of licensing or the social security administration, and the
applicant provided all information required by RCW 29A.08.010, the
applicant must be registered to vote.
(2) If the driver's license number, state identification card
number, or last four digits of the social security number provided by
the applicant do not match the information maintained by the Washington
department of licensing or the social security administration, or if
the applicant does not provide a Washington driver's license, a
Washington state identification card, or a social security number, the
applicant must be provisionally registered to vote. An identification
notice must be sent to the voter to obtain the correct driver's license
number, state identification card number, last four digits of the
social security number, or one of the following forms of alternate
identification:
(a) Valid photo identification;
(b) A valid enrollment card of a federally recognized Indian tribe
in Washington state;
(c) A copy of a current utility bill;
(d) A current bank statement;
(e) A copy of a current government check;
(f) A copy of a current paycheck; or
(g) A government document, other than a voter registration card,
that shows both the name and address of the voter.
(3) The ballot of a provisionally registered voter may not be
counted until the voter provides a driver's license number, a state
identification card number, or the last four digits of a social
security number that matches the information maintained by the
Washington department of licensing or the social security
administration, or until the voter provides alternate identification.
The identification must be provided no later than the day before
certification of the primary or election. If the voter provides one of
the forms of identification in subsection (2) of this section, the
voter's registration status must be changed from provisionally
registered to registered.
(4) A provisional registration must remain on the official list of
registered voters through at least two general elections for federal
office. If, after two general elections for federal office, the voter
still has not verified his or her identity, the provisional
registration may be canceled.
(5) The requirements of this section do not apply to an overseas or
service voter ((who registers to vote by signing the return envelope of
an absentee ballot)), or to a registered voter transferring his or her
registration.
Sec. 73 RCW 53.12.010 and 2002 c 51 s 1 are each amended to read
as follows:
(1) The powers of the port district shall be exercised through a
port commission consisting of three or, when permitted by this title,
five members. Every port district that is not coextensive with a
county having a population of five hundred thousand or more shall be
divided into the same number of commissioner districts as there are
commissioner positions, each having approximately equal population,
unless provided otherwise under subsection (2) of this section. Where
a port district with three commissioner positions is coextensive with
the boundaries of a county that has a population of less than five
hundred thousand and the county has three county legislative authority
districts, the port commissioner districts shall be the county
legislative authority districts. In other instances where a port
district is divided into commissioner districts, the port commission
shall divide the port district into commissioner districts unless the
commissioner districts have been described pursuant to RCW 53.04.031.
The commissioner districts shall be altered as provided in chapter
53.16 RCW.
Commissioner districts shall be used as follows: (a) Only a
registered voter who resides in a commissioner district may be a
candidate for, or hold office as, a commissioner of the commissioner
district; and (b) only the voters of a commissioner district may vote
at a primary to nominate candidates for a commissioner of the
commissioner district. Voters of the entire port district may vote at
a general election to elect a person as a commissioner of the
commissioner district.
(2)(a) In port districts with five commissioners, two of the
commissioner districts may include the entire port district if approved
by the voters of the district either at the time of formation or at a
subsequent port district election at which the issue is proposed
pursuant to a resolution adopted by the board of commissioners and
delivered to the county auditor.
(b) In a port district with five commissioners, where two of the
commissioner districts include the entire port district, the port
district may be divided into five commissioner districts if proposed
pursuant to a resolution adopted by the board of commissioners or
pursuant to a petition by the voters and approved by the voters of the
district at the next general or special election ((occurring sixty or
more days)) after the ((adoption of the)) resolution or petition is
submitted, consistent with RCW 29A.04.330. A petition proposing such
an increase must be submitted to the county auditor of the county in
which the port district is located and signed by voters of the port
district at least equal in number to ten percent of the number of
voters in the port district who voted at the last general election.
Upon approval by the voters, the commissioner district boundaries
shall be redrawn into five districts within one hundred twenty days and
submitted to the county auditor pursuant to RCW 53.16.015. The new
commissioner districts shall be numbered one through five and the three
incumbent commissioners representing the three former districts shall
represent commissioner districts one through three. The two at large
incumbent commissioners shall represent commissioner districts four and
five. If, as a result of redrawing the district boundaries more than
one of the incumbent commissioners resides in one of the new
commissioner districts, the commissioners who reside in the same
commissioner district shall determine by lot which of the numbered
commissioner districts they shall represent for the remainder of their
respective terms.
Sec. 74 RCW 53.12.021 and 1994 c 223 s 82 are each amended to
read as follows:
Any less than countywide port district that uses commissioner
districts may cease using commissioner districts as provided in this
section.
A ballot proposition authorizing the elimination of commissioner
districts shall be submitted to the voters of a less than countywide
port district that is divided into commissioner districts if (1) a
petition is submitted to the port commission proposing that the port
district cease using commissioner districts, that is signed by
registered voters of the port district equal in number to at least ten
percent of the number of voters who voted at the last district general
election; or (2) the port commissioners adopt a resolution proposing
that the port district cease using commissioner districts. The port
commission shall transfer the petition or resolution immediately to the
county auditor who shall, when a petition is submitted, review the
signatures and certify its sufficiency. A ballot proposition
authorizing the elimination of commissioner districts shall be
submitted at the next district general election ((occurring sixty or
more days)) after a petition with sufficient signatures ((was)) or a
resolution is submitted, consistent with RCW 29A.04.330. If the ballot
proposition authorizing the port district to cease using commissioner
districts is approved by a simple majority vote, the port district
shall cease using commissioner districts at all subsequent elections.
Sec. 75 RCW 53.12.115 and 1994 c 223 s 86 are each amended to
read as follows:
A ballot proposition shall be submitted to the voters of any port
district authorizing an increase in the number of port commissioners to
five whenever the port commission adopts a resolution proposing the
increase in number of port commissioners or a petition proposing such
an increase has been submitted to the county auditor of the county in
which the port district is located that has been signed by voters of
the port district at least equal in number to ten percent of the number
of voters in the port district who voted at the last general election.
The ballot proposition shall be submitted at the next general or
special election ((occurring sixty or more days)) after the petition
((was submitted)) or resolution ((was adopted)) is submitted,
consistent with RCW 29A.04.330.
At the next general or special election following the election in
which an increase in the number of port commissioners was authorized,
candidates for the two additional port commissioner positions shall be
elected as provided in RCW 53.12.130, and the voters may be asked to
approve the nomination of commissioners from district-wide commissioner
districts as permitted in RCW 53.12.010(2).
Sec. 76 RCW 53.12.130 and 1994 c 223 s 88 are each amended to
read as follows:
Two additional port commissioners shall be elected at the next
district general election following the election at which voters
authorized the increase in port commissioners to five members.
The port commissioners shall divide the port district into five
commissioner districts ((prior to the first day of June)) in the year
in which the two additional commissioners shall be elected, consistent
with chapter 29A.16 RCW and chapter 29A.76 RCW, unless the voters
approved the nomination of the two additional commissioners from
district-wide commissioner districts as permitted in RCW 53.12.010(2).
The new commissioner districts shall be numbered one through five and
the three incumbent commissioners shall represent commissioner
districts one through three. If, as a result of redrawing the district
boundaries two or three of the incumbent commissioners reside in one of
the new commissioner districts, the commissioners who reside in the
same commissioner district shall determine by lot which of the first
three numbered commissioner districts they shall represent for the
remainder of their respective terms. A primary shall be held to
nominate candidates from districts four and five where necessary and
commissioners shall be elected from commissioner districts four and
five at the general election. The persons elected as commissioners
from commissioner districts four and five shall take office immediately
after qualification as defined under RCW ((29.01.135)) 29A.04.133.
In a port district where commissioners are elected to four-year
terms of office, the additional commissioner thus elected receiving the
highest number of votes shall be elected to a four-year term of office
and the other additional commissioner thus elected shall be elected to
a term of office of two years, if the election is held in an odd-numbered year, or the additional commissioner thus elected receiving
the highest number of votes shall be elected to a term of office of
three years and the other shall be elected to a term of office of one
year, if the election is held in an even-numbered year. In a port
district where the commissioners are elected to six-year terms of
office, the additional commissioner thus elected receiving the highest
number of votes shall be elected to a six-year term of office and the
other additional commissioner shall be elected to a four-year term of
office, if the election is held in an odd-numbered year, or the
additional commissioner receiving the highest number of votes shall be
elected to a term of office of five-years and the other shall be
elected to a three-year term of office, if the election is held in an
even-numbered year. The length of terms of office shall be computed
from the first day of January in the year following this election.
Successor commissioners from districts four and five shall be
elected to terms of either six or four years, depending on the length
of terms of office to which commissioners of that port district are
elected.
Sec. 77 RCW 53.16.015 and 1994 c 223 s 90 are each amended to
read as follows:
The port commission of a port district that uses commissioner
districts may redraw the commissioner district boundaries as provided
in ((chapter 29.70)) RCW 29A.76.010 at any time and submit the redrawn
boundaries to the county auditor if the port district is not
coterminous with a county that has the same number of county
legislative authority districts as the port has port commissioners.
The new commissioner districts shall be used at the next election at
which a port commissioner is regularly elected ((that occurs at least
one hundred eighty days after the redrawn boundaries have been
submitted)), consistent with RCW 29A.16.040. Each commissioner
district shall encompass as nearly as possible the same population.
Sec. 78 RCW 29A.08.810 and 2011 c 10 s 20 are each amended to
read as follows:
(1) Registration of a person as a voter is presumptive evidence of
his or her right to vote. A challenge to the person's right to vote
must be based on personal knowledge of one of the following:
(a) The challenged voter has been convicted of a felony and the
voter's ((civil rights have)) right to vote has not been restored;
(b) The challenged voter has been judicially declared ineligible to
vote due to mental incompetency;
(c) The challenged voter does not live at the residential address
provided, in which case the challenger must either:
(i) Provide the challenged voter's actual residence on the
challenge form; or
(ii) Submit evidence that he or she exercised due diligence to
verify that the challenged voter does not reside at the address
provided and to attempt to contact the challenged voter to learn the
challenged voter's actual residence, including that the challenger
personally:
(A) Sent a letter with return service requested to the challenged
voter's residential address provided, and to the challenged voter's
mailing address, if provided;
(B) Visited the residential address provided and contacted persons
at the address to determine whether the voter resides at the address
and, if not, obtained and submitted with the challenge form a signed
affidavit subject to the penalties of perjury from a person who owns or
manages property, resides, or is employed at the address provided, that
to his or her personal knowledge the challenged voter does not reside
at the address as provided on the voter registration;
(C) Searched local telephone directories, including online
directories, to determine whether the voter maintains a telephone
listing at any address in the county;
(D) Searched county auditor property records to determine whether
the challenged voter owns any property in the county; and
(E) Searched the statewide voter registration database to determine
if the voter is registered at any other address in the state;
(d) The challenged voter will not be eighteen years of age by the
next election; or
(e) The challenged voter is not a citizen of the United States.
(2) A person's right to vote may be challenged by another
registered voter or the county prosecuting attorney.
(3) The challenger must file a signed affidavit subject to the
penalties of perjury swearing that, to his or her personal knowledge
and belief, having exercised due diligence to personally verify the
evidence presented, the challenged voter either is not qualified to
vote or does not reside at the address given on his or her voter
registration record based on one of the reasons allowed in subsection
(1) of this section. The challenger must provide the factual basis for
the challenge, including any information required by subsection (1)(c)
of this section, in the signed affidavit. The challenge may not be
based on unsupported allegations or allegations by anonymous third
parties. All documents pertaining to the challenge are public records.
(4) Challenges based on a felony conviction under RCW 29A.08.520
must be heard according to RCW 29A.08.520 and rules adopted by the
secretary of state.
Sec. 79 RCW 29A.68.020 and 2013 c 11 s 72 are each amended to
read as follows:
Any of the following causes may be asserted by a registered voter
to challenge the right to assume office of a candidate declared elected
to that office:
(1) For misconduct on the part of any election officer involved
therein;
(2) Because the person whose right is being contested was not, at
the time the person was declared elected, eligible to that office;
(3) Because the person whose right is being contested was, previous
to the election, convicted of a felony by a court of competent
jurisdiction, the conviction not having been reversed nor the person's
((civil rights)) right to vote restored after the conviction;
(4) Because the person whose right is being contested gave a bribe
or reward to a voter or to an election officer for the purpose of
procuring the election, or offered to do so;
(5) On account of illegal votes.
(a) Illegal votes include but are not limited to the following:
(i) More than one vote cast by a single voter;
(ii) A vote cast by a person disqualified under Article VI, section
3 of the state Constitution.
(b) Illegal votes do not include votes cast by improperly
registered voters who were not properly challenged under RCW 29A.08.810
and 29A.08.820.
All election contests must proceed under RCW 29A.68.011.
Sec. 80 RCW 2.06.010 and 1969 ex.s. c 221 s 1 are each amended to
read as follows:
There is hereby established a court of appeals as a court of
record. For the purpose of RCW 2.06.010 through 2.06.100 the following
terms shall have the following meanings:
(1) "Rules" means rules of the supreme court.
(2) "Chief justice" means chief justice of the supreme court.
(3) "Court" means court of appeals.
(4) "Judge" means judge of the court of appeals.
(5) "Division" means a division of the court of appeals.
(6) "District" means a geographic subdivision of a division from
which judges of the court of appeals are elected.
(((7) "General election" means the biennial election at which
members of the house of representatives are elected.))
Sec. 81 RCW 29A.60.280 and 2003 c 111 s 504 are each amended to
read as follows:
(1) The legislature finds that certain laws are in conflict
governing the assumption of office of various local officials. The
purpose of this section is to provide a common date for the assumption
of office for all the elected officials of counties, cities, towns, and
special purpose districts ((other than school districts)) where the
ownership of property is not a prerequisite of voting. ((A person
elected to the office of school director begins his or her term of
office at the first official meeting of the board of directors after
certification of the election results.)) It is also the purpose of
this section to remove these conflicts and delete old statutory
language concerning such elections which is no longer necessary.
(2) A person elected to the office of school director begins his or
her term of office at the first official meeting of the board of
directors after certification of the election results.
(3) For elective offices of counties, cities, towns, and special
purpose districts ((other than school districts)) where the ownership
of property is not a prerequisite of voting, the term of incumbents
ends and the term of successors begins after the successor is elected
and qualified, and the term commences immediately after December 31st
following the election, except as follows:
(a) Where the term of office varies from this standard according to
statute; and
(b) If the election results have not been certified prior to
January 1st after the election, in which event the time of commencement
for the new term occurs when the successor becomes qualified in
accordance with RCW 29A.04.133.
(((3))) (4) For elective offices governed by this section, the oath
of office must be taken as the last step of qualification as defined in
RCW 29A.04.133 but may be taken either:
(a) Up to ten days prior to the scheduled date of assuming office;
or
(b) At the last regular meeting of the governing body of the
applicable county, city, town, or special district held before the
winner is to assume office.
Sec. 82 RCW 35.17.260 and 1996 c 286 s 4 are each amended to read
as follows:
Ordinances may be initiated by petition of registered voters of the
city filed with the commission. If the petition accompanying the
proposed ordinance is signed by the registered voters in the city equal
in number to twenty-five percent of the votes cast for all candidates
for mayor at the last preceding city election, and if it contains a
request that, unless passed by the commission, the ordinance be
submitted to a vote of the registered voters of the city, the
commission shall either:
(1) Pass the proposed ordinance without alteration within twenty
days after the county auditor's certificate of sufficiency has been
received by the commission; or
(2) Immediately after the county auditor's certificate of
sufficiency for the petition is received, cause to be called a special
election to be held on the next election date, as provided in RCW
((29.13.020, that occurs not less than forty-five days thereafter))
29A.04.330, for submission of the proposed ordinance without
alteration, to a vote of the people, unless a general election will
occur within ninety days, in which event submission must be made on the
general election ballot.
Sec. 83 RCW 35.17.380 and 1965 c 7 s 35.17.380 are each amended
to read as follows:
Upon petition of electors in any city equal in number to twenty-five percent of the votes cast for all candidates for mayor at the last
preceding city election therein, the mayor by proclamation shall cause
to be submitted the question of organizing the city under the
commission form of government at ((a)) the next special election ((at
a time specified therein and within sixty days after the filing of the
petition)) as provided in RCW 29A.04.330. If the plan is not adopted
at the special election called, it shall not be resubmitted to the
voters of the city for adoption within two years thereafter.
Sec. 84 RCW 35.17.400 and 1994 c 223 s 11 are each amended to
read as follows:
The first election of commissioners shall be held at the next
special election that occurs ((at least sixty days)) after the election
results are certified where the proposition to organize under the
commission form was approved by city voters, and the commission first
elected shall commence to serve as soon as they have been elected and
have qualified and shall continue to serve until their successors have
been elected and qualified and have assumed office in accordance with
RCW ((29.04.170)) 29A.60.280. The date of the second election for
commissioners shall be in accordance with RCW ((29.13.020)) 29A.04.330
such that the term of the first commissioners will be as near as
possible to, but not in excess of, four years calculated from the first
day in January in the year after the year in which the first
commissioners were elected.
Sec. 85 RCW 35.18.240 and 1965 c 7 s 35.18.240 are each amended
to read as follows:
Petitions to reorganize a city or town on the council-manager plan
must be signed by registered voters resident therein equal in number to
at least twenty percent of the votes cast for all candidates for mayor
at the last preceding municipal election. In addition to the signature
and residence addresses of the petitioners thereon, a petition must
contain an affidavit stating the number of signers thereon at the time
the affidavit is made.
Petitions containing the required number of signatures shall be
accepted by the city or town clerk as prima facie valid until their
invalidity has been proved.
A variation on such petitions between the signatures on the
petition and that on the voter's permanent registration caused by the
substitution of initials instead of the first or middle names or both
shall not invalidate the signature on the petition if the surname and
handwriting are the same. ((Signatures, including the original, of any
voter who has signed such petitions two or more times shall be
stricken.)) If a person signs a petition more than once, all but the
first valid signature must be rejected.
Sec. 86 RCW 35.22.055 and 1974 ex.s. c 1 s 1 are each amended to
read as follows:
Notwithstanding any other provision of law, whenever the population
of a city is three hundred thousand persons or more, not less than ten
days before the time for filing declarations of candidacy for election
of freeholders under Article XI, section 10 (Amendment 40), of the
state Constitution, the ((city clerk)) county auditor shall designate
the positions to be filled by consecutive number, commencing with one.
The positions to be designated shall be dealt with as separate offices
for all election purposes, and each candidate shall file for one, but
only one, of the positions so designated.
((In the printing of ballots, the positions of the names of
candidates for each numbered position shall be changed as many times as
there are candidates for the numbered positions, following insofar as
applicable the procedure provided for in RCW 29.30.040 for the rotation
of names on primary ballots, the intention being that ballots at the
polls will reflect as closely as practicable the rotation procedure as
provided for therein.))
Sec. 87 RCW 36.32.070 and 2003 c 238 s 3 are each amended to read
as follows:
Whenever there is a vacancy in the board of county commissioners,
except as provided in RCW 36.32.0558, it shall be filled as follows:
(1) If there are three vacancies, the governor of the state shall
appoint two of the officers. The two commissioners thus appointed
shall then meet and select the third commissioner. If the two
appointed commissioners fail to agree upon selection of the third after
the expiration of five days from the day they were appointed, the
governor shall appoint the remaining commissioner.
(2) Whenever there are two vacancies in the office of county
commissioner, the governor shall appoint one commissioner, and the two
commissioners then in office shall appoint the third commissioner. If
they fail to agree upon a selection after the expiration of ((five))
sixty days from the day of the governor's appointment, the governor
shall appoint the third commissioner.
(3) Whenever there is one vacancy in the office of county
commissioner, the two remaining commissioners shall fill the vacancy.
If the two commissioners fail to agree upon a selection after the
expiration of ((five)) sixty days from the day the vacancy occurred,
the governor shall appoint the third commissioner.
(4) Whenever there is a vacancy in the office of county
commissioner 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. 88 The following acts or parts of acts are
each repealed:
(1) RCW 28A.343.330 (Ballots -- Form) and 1969 ex.s. c 223 s
28A.57.316;
(2) RCW 52.14.030 (Polling places) and 1994 c 223 s 51, 1984 c 230
s 31, & 1939 c 34 s 24; and
(3) 2013 c 11 s 45.