SENATE BILL REPORT

SJR 8225

BYSenators McCaslin and Zimmerman

Revising provisions on vacancies in elective office.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 2, 1988

Majority Report:  Do pass.

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

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

AS OF FEBRUARY 1, 1988

BACKGROUND:

Article II, section 15 of the state Constitution provides that vacancies occurring in county partisan elective offices and in state legislative offices 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 of the counties within the district.  Another provision in the Constitution grants the legislative authorities of home rule charter counties the authority conferred on boards of county commissioners by Article II, section 15.

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 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 in a district within a single county.  The state party central committee selects the nominees to fill vacancies occurring in multi-county 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.

According to the state Supreme Court, a county home rule charter may establish more restrictive provisions for the filling of vacancies in county elective office than those set forth in Article II, section 15.  Henry v. Thorne, 92 Wn.2d 878 (1979).

According to an Attorney General Opinion, each board of county commissioners or county council may cast no more than three votes in filling a vacancy in a multi-county state legislative district.  1985 AGO 16.  Each county thus has an equal voice in the filling of such a vacancy, regardless of a county's proportion of the population within the district.  It is suggested that each county legislative body's voting weight should be proportionate to its population within the district, and that other revisions should be made in the vacancy-filling process. 

SUMMARY:

Article II, section 15 of the state Constitution is repealed, and a new section 15 is adopted. 

For filling vacancies in multi-county legislative districts, the Legislature is to statutorily prescribe a proportional voting method that ensures that the cumulative voting weight of each county legislative authority amounts to the county's proportion of the total number of votes cast for the vacated position in the preceding election. 

An appointee will hold office until the next even-year general election, as prescribed by statute. 

With respect to the filling of vacancies in county elective office, the provisions do not apply to counties that have adopted home rule charters with differing provisions.

Party nominees must be selected within 14 days of the occurrence of a vacancy.  Only persons who will agree to accept the appointment can be selected as a nominee.  If the former officeholder was elected as an independent, any otherwise qualified person may be appointed to fill the vacancy.

A vacancy must be filled within 28 days of its occurrence or the governor will make the appointment.  An appointment by the governor must then be made within 42 days of the occurrence of the vacancy.  If a majority of positions on a county legislative authority are vacant, the governor will make the appointments necessary to create a majority of filled positions.

A ballot title is prescribed for the measure: "Shall proportional voting for filling vacancies in multicounty state legislative districts be required, and other vacancy-filling procedures be revised?"

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Effective Date:December 2, 1988 if ratified by the voters in the November, 1988 general election.

Senate Committee - Testified: Gary Lowe, Washington State Association of Counties