SENATE BILL REPORT

SHJR 4204

BYHouse Committee on Constitution, Elections & Ethics (originally sponsored by Representatives Fisher, Pruitt and Fisch)

Providing for the filling of vacancies in joint legislative offices.

House Committe on Constitution, Elections & Ethics

Senate Committee on Governmental Operations

Senate Hearing Date(s):April 2, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Halsan, Chairman; Garrett, Vice Chairman; McCaslin, Talmadge, Zimmerman.

Senate Staff:Sam Thompson (786-7754); Eugene Green (786-7405)

                  April 3, 1987

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, APRIL 2, 1987

BACKGROUND:

The Washington Constitution (Article II, Section 15) provides that vacancies occurring in county partisan elective office and in state legislative office are to be filled by the board of county commissioners of the county in which the vacancy occurs.  In multi-county state legislative districts, vacancies are filled by joint action of the boards of county commissioners within the district.  "Board of county commissioners" has been interpreted to also include the county councils of home-rule charter counties.

In both county partisan elective office vacancies and state legislative office vacancies, the board of commissioners or county council must appoint one of three persons nominated by the county or state party central committee of the political party of the person who vacated the office.  The county party central committee selects the nominees to fill both county partisan elective office vacancies and state legislative vacancies consisting of a district within a single county.  The state party central committee selects the nominees to fill vacancies occurring in multi-county state legislative districts.

If an appointee is not selected by the board of county commissioners or county council within 60 days of the occurrence of a vacancy, the vacancy is filled by the Governor.  The Governor has 30 days to select an appointee from the three nominees submitted by the party.

An appointee holds office until a successor is elected at the next general election.

Recent vacancies occurring in state legislative districts raise issues that are not addressed in the Constitution:

      (1)In multi-county vacancy deliberations, may a home-rule charter county with more than three councilpersons cast more votes than a three-member board of county commissioners?

      (2)Should the collective votes of each county legislative authority be weighted equally within a multi-county district, regardless of each county's population within the district?

It has been suggested that Article II, Section 15 be amended to address these issues.

SUMMARY:

Article II, Section 15 of the state's constitution is amended.  In a multi-county legislative district, each county's share of the total vote cast by the boards of county commissioners in filling a vacancy shall be equal to the percentage of the district's voters that reside within the county based upon the number of persons registered to vote at the state general election immediately preceding the joint action.  A county's share of the vote shall be divided equally among the members of that county's board of commissioners.

The length of time established by the constitution for filling vacancies is changed.  If the members of the board or boards of county commissioners do not agree upon an appointment within 28 days (rather than 60 days) after the vacancy occurs, the Governor shall appoint a person from the list of nominees within an additional seven days (rather than 30 days).

For legislative vacancy-filling purposes, references to "boards of county commissioners" are expressly made applicable to legislative bodies of home rule charter counties.

A ballot title is provided by the measure for the proposed constitutional amendment:  "Shall county officials' constitutional powers to fill vacancies in the legislature and in county partisan office be revised and updated?"  The title is effective if SHB 243 (authorizing the Legislature to establish ballot titles) is enacted before July 1, 1987.

SUMMARY OF PROPOSED SENATE AMENDMENT:

In the multi-county legislative district vacancy-filling process, each county's vote is based upon the population of the county within the district, rather than the number of county voters within the district.  The population will be determined by the most recent federal census and will exclude nonresident military personnel.

The provisions are made applicable to nonpartisan county elective offices, as well as partisan county elective offices.

If the majority of the positions of a county legislative authority are vacant, the Governor is to appoint the number of persons necessary to establish a majority of filled positions.

The time limits for the vacancy filling process are (from the occurrence of the vacancy):  14 days for the submission of party nominees; 28 days for the selection of an appointee; and 42 days for the selection of an appointee by the Governor.

If a list of party nominees is not timely received, the appointing authority may appoint any qualified person to fill the vacancy.

An appointee holds office until the next state general election as specified by statute.

The ballot title is changed to:  "Shall the constitutional provisions providing for the filling of vacancies in the legislature and in county elective offices be revised and updated?"

Fiscal Note:      none requested

Effective Date:The constitutional amendment takes effect if it is adopted and ratified by the voters at the November 1987 general election.

Senate Committee - Testified: Representative Ruth Fisher, original sponsor; Jim Metcalf, Washington State Association of Counties