Background:

An irrigation district (district) is a type of special purpose district with broad statutory authorization to engage in a wide range of activities and provide a myriad of services. Generally, districts provide for the construction, improvement, maintenance, and operation of irrigation systems. Districts also may provide drainage, domestic water supply, electric power facilities, fire hydrants, and street lighting. Districts may finance their operations and actions through fees, charges, and assessments, but districts do not have the authority to impose property taxes.

Creating an Irrigation District.

The process to create an irrigation district is initiated by the filing of a petition proposing the creation of the district with the county legislative authority of the county in which the district or the greatest portion of the lands proposed to be included in the district is located. The petition must be signed by either 50 land owners or a majority of the owners of the land within the proposed district that is susceptible to being irrigated.

The petition must contain: (1) a description of the lands to be included in the district; (2) the signature and address of each petitioner, together with a description of the land they own within the district; (3) a general statement of the probable source of water supply and an outline of the plan of improvement to be contemplated by the district; (4) a statement of the number of directors for the administration of the district; (5) any other matter deemed material; and (6) a prayer requesting the board to take the steps necessary to organize the district. Notice of the ballot measure must be published once a week, for at least two weeks prior to election, in a newspaper of general circulation published in the county where the petition was presented.

After public notice is provided regarding the proposed district, the county legislative authority must: (1) establish a convenient number of election precincts in the proposed irrigation district; (2) designate polling places; (3) appoint election officers for each precinct; and (4) conduct an election to determine if the irrigation district is to be organized and to elect the initial irrigation district directors. The polls for irrigation district measures must be open at 1 p.m. on the afternoon of the election, and be kept open until 8 p.m., when the election is closed.

Irrigation District Board.

An irrigation district is governed by a board of directors composed of three to seven members who are elected to staggered three-year terms of office. All directors elected to office must hold title or evidence of title to land within the district.

The election of directors must be held on the second Tuesday of December of each year, and the term of each director must be three years from the first Tuesday of January following his or her election. The directors may, upon qualifying, immediately begin the duties of their office.

Voters' Pamphlet: The Secretary of State is required to publish a voters' pamphlet for a general election in which at least one statewide measure or office will appear on the ballot. County auditors are required to publish the voters' pamphlet for each general election in which local measures appear on the ballot. Since the irrigation district elections are held outside of the time period for general elections, information relating to irrigation district measures and director candidates are generally not included in a voters' pamphlet.

Qualifications to Vote.

In general, there are no special qualifications for holding office in a special district. A person is qualified to hold or seek office if he or she is a citizen and a registered voter who lives within the district. For irrigation districts, there is an additional requirement of land ownership. Only property owners are allowed to vote at irrigation district elections. Ballots are issued by the election board according to the number of votes each elector is entitled to cast. The number of votes each elector is entitled to cast is determined by the amount of property he or she owns in the district.

Ballots.

Ballots must be of uniform size and quality, provided by the district, and for the election of directors, must contain only the names of the candidates who have been filed with the secretary of the district declaring their candidacy. Ballots must also contain space for sticker voting or for the writing in of the name of an undeclared candidate.

Absentee Ballots: Any qualified voter who certifies that he or she cannot be present to cast his or her ballot at the election precinct on election day is entitled to vote by absentee ballot. However, since elections for irrigation districts take place at a polling place, a mail in ballot is not automatically provided to the elector in the same manner as they are for general elections. The elector must vote at a polling place unless he or she requests an absentee ballot from the district's secretary prior to election day. The district's secretary must furnish a ballot and a certificate of qualifications to the elector, upon the elector's written request, prior to the date of election.

Canvassing Returns.

The irrigation board must appoint for each precinct one inspector and two judges, who constitute the board of election for the precinct. The inspector is the chair of the election board.

As soon as the polls are closed, the judges must open the ballot box and count the votes. The counting of the votes must be public. The ballots must be taken out of the ballot box, one by one, by the inspector or one of the judges and the name of each person contained on the ballot read aloud. The counting of votes must continue without adjournment until all have been counted. The secretary of the board of directors must record the election results and issue a signed certification of election.

General Election Laws in Washington.

Primaries for general elections to be held in November must be held on the first Tuesday of the preceding August, and general elections are held on the first Tuesday after the first Monday of November in the year in which they are called. All counties conduct elections entirely by mail; each registered voter is automatically issued a mail ballot for general, special, and primary elections. The county auditor must mail ballots to each voter at least 18 days before each election. Ballots must be mailed to overseas voters at least 30 days before each special election and at least 45 days before each primary, general, or any special election involving a federal office.

Any person who is at least 18 years old and who is a United States citizen that has lived in the state, county, and precinct for 30 days immediately preceding an election is entitled to vote. In addition, the general qualifications to hold office are the person is: (1) a citizen and (2) qualified to vote in same district as the office being sought.

All elections must be conducted by the county auditor as ex officio county supervisor of elections and the returns canvassed by the county canvassing board. Members of the county canvassing board are the county auditor, the county prosecuting attorney, and the chair of the county legislative body.

Summary of Bill:

The county auditor must administer all elections relating to irrigation districts. In addition, the statutes relating to elections for irrigation districts are modified to correspond with the general election laws.

Creating an Irrigation District.

For purposes of organizing an irrigation district, the board of county commissioners, must by resolution, require that the county auditor call an election for the purpose of creating an irrigation district and electing the initial board of directors for the district. Three weeks prior to the election, the county auditor must publish notice of the measure proposing to create an irrigation district. The publication must describe the district boundaries, the district name, and the purpose of the district. The ballot proposition must be submitted to the qualified voters at the next general election.

Irrigation District Board.

The election for district directors must be held in conformity with primary and general election laws. A successor for an elector director position must take office immediately after December 31 following the election (rather than on the first Tuesday in January).

Voter's Pamphlet: Since irrigation district elections will be held at the same time as other general elections, information regarding an irrigation district and candidates for district director positions may be published in the voter's pamphlet.

Qualifications to Vote.

Each special district must maintain a list of presumed eligible voters. A copy of the list of voters and any revised list must be provided to the county auditor at least 65 days before each general election.

Ballots.

All voting in an irrigation district must be completed by a mailed ballot. Ballots must be issued by the county auditor and must conform to requirements under general election laws. However, the statutory provision that requires ballots to contain a space for sticker voting is eliminated.

Canvassing Returns.

The county auditor, rather than a board of election, must canvass returns to determine election results. The county may charge the irrigation district for any election costs incurred on behalf of the county auditors.

Other.

The county auditor, rather than the board of directors, must administer the elections and submit questions to the voters (pursuant to general election laws) relating to: the merging of districts, amending district boundary lines, proposed works, bonds, the deannexing of lands from the district, special elections for levying assessments, and proposed mergers with drainage, joint drainage, or consolidated drainage improvement districts.

In addition, the Act repeals the statutes:

pertaining to district absentee voting;
requiring that the board of county commissioners establish precincts in the proposed district, designate a polling place, and appoint election officers;
requiring the board of directors to appoint a board of elections or designate polling places;
requiring of the secretary of the board of directors to post notices of elections in each election precinct;
specifying the time that polls must be open;
establishing procedures for counting votes, canvassing ballots, certifying returns, and preserving ballots for recount, by the board of election; and
requiring that the secretary of the board of directors record the election results and issue a signed certificate of election.