Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

State Government, Elections & Information Technology Committee

HB 2668

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning candidacy qualification restrictions based on consanguinity and affinity.

Sponsors: Representative Haler.

Brief Summary of Bill

  • Prohibits a candidate for public office from appearing on an election ballot if that person is within the third degree by consanguinity or affinity to a person in an elected or appointed position that exercises jurisdiction, control, authority, or supervision over the office being filled.

Hearing Date: 1/31/18

Staff: Desiree Omli (786-7105).

Background:

Elected Offices.

State offices are typically up for election in even-numbered years. State offices that are up for election in odd years are most often the result of a vacancy. Public offices have different qualifications to run and serve, as well as varying responsibilities.

To qualify to for or to hold any elective public office within the state, county, district, precinct, school district, municipal corporation, or other district or political subdivision, a person must be: (1) a citizen of the United States and Washington state, and (2) an elector of such county, district, precinct, school district, municipality, or other district or political subdivision. To appear on an election ballot, each candidate must submit a declaration of candidacy, which includes a place for the candidate to:

Elected state executive offices include the: Governor, Lieutenant Governor, Secretary of State, Treasurer, Auditor, Attorney General, Superintendent of Public Instruction, Commissioner of Public Lands, and the Insurance Commissioner. Elected state legislative offices include state Senator and state Representative. Elected state judicial offices include supreme court justice, court of appeals judge, and superior court judge.

In counties that operate under the commission form of government, elected offices include: assessor, auditor, superior court clerk, board of county commissioners or the county council, coroner or medical examiner, county executive or administrator, prosecuting attorney, sheriff, and treasurer. In counties that adopted home rule charters, some of these elective positions have been made appointive. The form of government in cities is determined by the each city's adopted charter and varies from city to city. An example of offices elected in cities include: the mayor, councilmembers, city attorney, certain judges, and the civil service board. Certain special purpose districts also hold elections for special purpose district positions, which vary depending on the district, such as for the office of commissioner and director.

Third Degree of Consanguinity or Affinity.

Individuals who fall within the third degree of consanguinity or affinity include spouses, children, grandchildren, great-grandchildren, parents, siblings, nephews/nieces, grandparents, uncles and aunts, and great grandparents.

Summary of Bill:

In addition to the qualifications to hold office, a person filing a declaration of candidacy for a public office must, at the time of filing, not be related within the third degree by consanguinity or affinity to a person in an elected or appointed position that exercises jurisdiction, control, authority, or supervision over the office being filled. The declaration of candidacy must include a place for the candidate to declare that he or she meets this qualification. The name of a candidate for office must not appear on a ballot for that office unless this qualification is met.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.