AN ACT Relating to the filling of vacancies in elected governing bodies of local governments; amending RCW 14.08.304, 17.04.070, 17.06.050, 28A.57.325, 35.17.020, 35.18.020, 35.23.240, 35.24.100, 35.27.140, 35.61.050, 35A.12.050, 36.54.090, 36.69.100, 54.12.010, 56.12.030, 57.12.020, 87.03.081, 28A.57.260, 28A.59.040, and 52.08.051; adding a new section to chapter 36.32 RCW; adding new sections to chapter 42.12 RCW; adding a new section to chapter 52.14 RCW; adding a new section to chapter 53.12 RCW; adding a new section to chapter 68.16 RCW; and repealing RCW 28A.57.326, 36.32.070, 52.14.050, 53.12.140, and 53.12.150.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 42.12 RCW to read as follows:

Whenever a vacancy occurs in an elected nonpartisan governing body of a local government, the remaining members of the governing body shall appoint a qualified person to fill that vacant position until a person is elected to fill the remainder of the unexpired term at the next election when a member of the governing body normally would be elected, as provided in RCW 29.21.360, 29.21.370, and 29.21.410. The person so elected shall take office immediately when qualified as defined in RCW 29.01.135.

If an election for the position which became vacant would otherwise have been held at this election date, only one election to fill the position 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 and shall serve both the remainder of the unexpired term and the succeeding term.

If only a single member on the governing body remains in office, the county legislative authority of the county within which all, or the major geographic portion, of the local government is located, shall appoint a qualified person to one of the vacant positions.

If a vacant position on an elected governing body of a local government remains unfilled for sixty days, the authority of the local government to fill the vacancy ceases, and the county legislative authority of the county within which all, or the major geographic portion, of the local government is located, shall appoint a qualified person to the vacant position.

NEW SECTION. Sec. 2. A new section is added to chapter 42.12 RCW to read as follows:

In addition to the causes of vacancy provided for in RCW 42.12.010, a vacancy on an elected governing body of any local government, including a county, city, town, special district, municipal corporation, or quasi-municipal corporation, shall occur upon the governing body member's:

(1) Incapacity to perform the duties of his or her office by reason of mental illness, senility, or other mental incapacity;

(2) Being declared incompetent under chapter 11.88 RCW; or

(3) Failing to attend consecutive regular meetings of the governing body for three consecutive months without being excused by the governing body, or three consecutive regular meetings of the governing body without being excused by the governing body, whichever is over a longer period of time, where the member has been notified by mail at least two weeks before the last meeting which will meet this requirement that another absence will result in a vacancy occurring.

A vacancy for incapacitation shall be established by a proceeding before the superior court of the county that shall conform with the procedures by which a guardian is appointed for an incompetent person under chapter 11.88 RCW, except that the action shall be initiated by resolution of the other members of the governing body.

NEW SECTION. Sec. 3. A new section is added to chapter 36.32 RCW to read as follows:

Vacancies on boards of county commissioners shall occur as provided in section 2 of this act and shall be filled as provided in Article II, section 15, of the state Constitution. The county central committee of the party shall make its nominations within forty-five days of when the vacancy occurs.

NEW SECTION. Sec. 4. A new section is added to chapter 52.14 RCW to read as follows:

A vacancy on the commission occurs, and shall be filled, as provided in chapter 42.12 RCW.

NEW SECTION. Sec. 5. A new section is added to chapter 53.12 RCW to read as follows:

A vacancy on the commission occurs, and shall be filled, as provided in chapter 42.12 RCW.

NEW SECTION. Sec. 6. A new section is added to chapter 68.16 RCW to read as follows:

A vacancy on the commission occurs, and shall be filled, as provided in chapter 42.12 RCW.

Sec. 7. Section 3, chapter 114, Laws of 1951 as amended by section 3, chapter 126, Laws of 1979 ex. sess. and RCW 14.08.304 are each amended to read as follows:

The board of airport district commissioners shall consist of three members, who shall each be a registered voter and actually a resident of the district. The first commissioners shall be appointed by the county legislative authority. At the next general district election, held as provided in RCW 29.13.020, three airport district commissioners shall be elected. The term of office of airport district commissioners shall be two years, or until their successors are elected and qualified and have assumed office in accordance with RCW 29.04.170. Members of the board of airport district commissioners shall be elected at each regular general election on a nonpartisan basis. They shall be nominated by petition of ten registered voters of the district. Vacancies on the board of airport district commissioners occur, and shall be filled ((~~by appointment by the remaining commissioners~~)) as provided in chapter 42.12 RCW. Members of the board of airport district commissioners shall receive no compensation for their services, but shall be reimbursed for actual necessary traveling and sustenance expenses incurred while engaged on official business.

Sec. 8. Section 4, chapter 125, Laws of 1929 as last amended by section 15, chapter 292, Laws of 1971 ex. sess. and RCW 17.04.070 are each amended to read as follows:

If the ((~~board of~~)) county ((~~commissioners~~)) legislative authority establishes such district it shall call a special meeting to be held within such district for the purpose of electing three directors for such district. No person shall be eligible to hold the office of director who is not a qualified elector of the state of Washington and a resident and landowner within such district. Such meeting shall be held not less than thirty nor more than ninety days from the date when such district is established by such board.

Notice of such meeting shall be given by the county auditor by publication once a week for three successive weeks in a newspaper of general circulation in such district, and by posting such notice for not less than ten days before the date fixed for such meeting in three public places within the boundaries of such district. The notices shall state the object of the meeting and the time and place when the same shall be held.

At the time and place fixed for the meeting the member of the county ((~~commissioner~~)) legislative authority, in whose ((~~commissioner~~)) legislative authority district such district is located, shall act as chairman and call the meeting to order. The chairman shall appoint two persons to assist him in conducting the election, one of whom shall act as clerk. If such member of the county ((~~commissioner be~~)) legislative authority is not present, the electors of such district then present shall elect a chairman of the meeting.

Every person who is a landowner within such district and a qualified elector of the state of Washington shall be entitled to vote at such meeting. Any person offering to vote may be challenged by any legally qualified elector of such district, and the chairman of such meeting shall thereupon administer to the person challenged an oath in substance as follows: "You do swear (or affirm) that you are a citizen of the United States and a qualified elector of the state of Washington and an owner of land within the boundaries of weed district No. ..... of .......... county (giving number of district and name of county)." If the challenged person shall take such oath or make such affirmation, he shall be entitled to vote; otherwise his vote shall not be received. Any person making a false oath, or affirmation, or any person illegally voting at such meeting, shall be punished as provided in the general election laws of the state for illegal voting.

The vote shall be by secret ballot, on white paper of uniform size and quality, of such arrangement that when names are written thereon, the same may be folded so as not to disclose the names. The elector shall write the names of three persons that he desires as the first directors of such district and shall fold his ballot and hand the same to the chairman of the meeting who shall deposit it in a ballot box provided for that purpose. The clerk shall thereupon write the name of such person on a list as having voted at such election. After all persons present and entitled to vote have voted, the chairman shall declare the election closed, and shall, with the assistance of the clerk and the other person appointed as assistant, proceed to count the ballots. The person receiving the greatest number of votes shall be elected as director for a term ending three years from the first Monday in March following his election; the person receiving the second greatest number of votes shall be elected for a term ending two years from the first Monday in March following his election, and the person receiving the third greatest number of votes shall be elected for a term ending one year from the first Monday of March following his election.

Annually thereafter, there shall be held a meeting of the electors of such district on the last Monday in February, except that the directors may, by giving the same notice as is required for the initial meeting, fix an earlier time for the annual meeting on any nonholiday during the months of December, January or February. At such meeting one director shall be elected to succeed the director whose term will expire on the first Monday in March following. The directors shall call the annual meeting, and shall fix the time and place where the same shall be held and shall give the same notice thereof as provided for the initial meeting. The annual meeting shall be conducted in the same manner as is provided for the initial meeting, and the qualifications of electors at such annual meeting shall be the same as is required for the initial meeting. In conducting directors' elections, the chairman may accept nominations from the floor but voting shall not be limited to those nominated.

All directors shall hold office for the term for which they are elected, and until their successors are elected and qualified. ((~~In case of~~)) A vacancy occurring in the office of any director, ((~~the county commissioners of the county in which such district is located shall appoint a qualified person to fill the vacancy for the unexpired term~~)) and the filling of any vacancies, shall be as provided in chapter 42.12 RCW. The board of directors shall elect one of its members chairman and may appoint a secretary who need not be a member of the board, and who shall be paid such compensation as the board may determine. Each director shall furnish a bond in the sum of one thousand dollars, which may be a surety company bond or property bond approved by the ((~~board of~~)) county ((~~commissioners~~)) legislative authority, which bond shall be filed with the county ((~~commissioners~~)) legislative authority and shall be conditioned for the faithful discharge of his duties. The cost of such bond shall be paid by the district the same as other expenses of the district. At any annual meeting the method for destroying, preventing and exterminating weeds of such district as set forth in the petition, and the rules and regulations adopted by such district, may be changed by a majority vote of the qualified electors present at such meeting, or a special meeting may be called for that purpose, notice of which meeting and of such proposed changes to be voted on, shall be given to all landowners residing within the district by mailing a copy of such notice and of such proposed changes to the address of such landowner at least one week before the date fixed for such special meeting. The qualified electors of any weed district, at any annual meeting, may make other weeds that are not on the petition subject to control by the weed district by a two-thirds vote of the electors present: PROVIDED, That said weeds have been classified by the agricultural experiment station of Washington State University as noxious and: PROVIDED FURTHER, That the directors of the weed district give public notice in the manner required for initial meetings of the proposed new control of said weeds by the weed district.

Sec. 9. Section 5, chapter 205, Laws of 1959 as amended by section 16, chapter 292, Laws of 1971 ex. sess. and RCW 17.06.050 are each amended to read as follows:

If the respective ((~~boards of~~)) county ((~~commissioners~~)) legislative authorities establish such district the chairman of the principal ((~~board~~)) county legislative authority shall call a special meeting of landowners to be held within such district for the purpose of electing three directors for such district. No person shall be eligible to hold the office of director who is not a qualified elector of the state of Washington and a resident and landowner within such district. Such meeting shall be held not less than thirty nor more than ninety days from the date when such district is established.

Notice of such meeting shall be given by the principal county auditor by publication once a week for three successive weeks in a newspaper of general circulation in such district, and by posting such notice for not less than ten days before the date fixed for such meeting in three public places within the boundaries of such district. The notices shall state the object of the meeting and the time and place when the same shall be held.

At the time and place fixed for the meeting the chairman shall appoint two persons to assist him in conducting the election, one of whom shall act as clerk. If such chairman be not present the electors of such district then present shall elect a chairman of the meeting.

Every person who is a landowner within such district and a qualified elector of the state of Washington shall be entitled to vote at such meeting. Any person offering to vote may be challenged by any legally qualified elector of such district, and the chairman of such meeting shall thereupon administer to the person challenged an oath in substance as follows: "You do swear (or affirm) that you are a citizen of the United States and a qualified elector of the state of Washington and an owner of land within the boundaries of weed district No. ..... (giving number of district)." If the challenged person shall take such oath or make such affirmation, he shall be entitled to vote; otherwise his vote shall not be received. Any person making a false oath, or affirmation, or any person illegally voting at such meeting, shall be punished as provided in the general election laws of the state for illegal voting.

Annually thereafter, there shall be held a meeting of the electors of such district on the first Monday in February. At such meeting one director shall be elected to succeed the director whose term will expire on the first Monday in March following. The directors shall call the annual meeting, and shall fix the time when and place where the same shall be held and shall give the same notice thereof as provided for the initial meeting. The annual meeting shall be conducted in the same manner as is provided for the initial meeting, and the qualifications of electors at such annual meeting shall be the same as is required for the initial meeting.

At any annual meeting the method for destroying, preventing and exterminating weeds of such district as set forth in the petition, and the rules and regulations adopted by such district, may be changed by a majority vote of the qualified electors present at such meeting, or a special meeting may be called for that purpose, notice of which meeting and of such proposed changes to be voted on, shall be given to all landowners residing within the district by mailing a copy of such notice and of such proposed changes to the address of such landowner at least one week before the date fixed for such special meeting.

Sec. 10. Section 4, chapter 53, Laws of 1971 and RCW 28A.57.325 are each amended to read as follows:

A majority of all members of the board of directors shall constitute a quorum. ((Absence of any board member from four consecutive regular meetings of the board, unless on account of sickness or authorized by resolution of the board, shall be sufficient cause for the remaining members of the board to declare by resolution that such board member position is vacated.)) Vacancies shall occur, and shall be filled, as provided in chapter 42.12 RCW.

Sec. 11. Section 35.17.020, chapter 7, Laws of 1965 as amended by section 17, chapter 126, Laws of 1979 ex. sess. and RCW 35.17.020 are each amended to read as follows:

All regular elections in cities organized under the statutory commission form of government shall be held quadrennially in the odd-numbered years on the dates provided in RCW 29.13.020. The commissioners shall be nominated and elected at large. Their terms shall be for four years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170. ((~~If a vacancy occurs in the commission the remaining members shall appoint a person to fill it for the unexpired term.~~)) Vacancies on the commission occur, and shall be filled, as provided in chapter 42.12 RCW.

Sec. 12. Section 7, chapter 260, Laws of 1981 and RCW 35.18.020 are each amended to read as follows:

(1) The number of councilmen shall be in proportion to the population of the city or town indicated in its petition for incorporation and thereafter shall be in proportion to its population as last determined by the office of financial management as follows:

(a) A city or town having not more than two thousand inhabitants, five councilmen;

(b) A city having more than two thousand, seven councilmen.

(2) All councilmen shall be elected at large or from such wards or districts as may be established by ordinance, and shall serve for a term of four years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170: PROVIDED, HOWEVER, That at the first general municipal election held in the city in accordance with RCW 29.13.020, after the election approving the council-manager plan, the following shall apply:

(a) One councilman shall be nominated and elected from each ward or such other existing district of said city as may have been established for the election of members of the legislative body of the city and the remaining councilmen shall be elected at large; but if there are no such wards or districts in the city, or at an initial election for the incorporation of a community, the councilmen shall be elected at large.

(b) In cities electing five councilmen, the candidates having the three highest number of votes shall be elected for a four year term and the other two for a two year term commencing immediately when qualified in accordance with RCW 29.01.135 and continuing until their successors are elected and qualified and have assumed office in accordance with RCW 29.04.170.

(c) In cities electing seven councilmen, the candidates having the four highest number of votes shall be elected for a four year term and the other three for a two year term commencing immediately when qualified in accordance with RCW 29.01.135 and continuing until their successors are elected and qualified and have assumed office in accordance with RCW 29.04.170.

(d) In determining the candidates receiving the highest number of votes, only the candidate receiving the highest number of votes in each ward, as well as the councilman-at-large or councilmen-at-large, are to be considered.

(3) When a municipality has qualified for an increase in the number of councilmen from five to seven by virtue of the next succeeding population determination made by the office of financial management after the majority of the voters thereof have approved operation under the council-manager plan, at the first election when two additional councilmen are to be elected, one of the two additional councilmen receiving the highest number of votes shall be elected for a four year term and the other additional councilman shall be elected for a two year term. The terms of the two additional councilmen shall commence immediately when qualified in accordance with RCW 29.01.135.

(4) In the event such population determination as provided in subsection (3) of this section requires an increase in the number of councilmen, the city or town council shall fill the additional councilmanic positions by appointment not later than thirty days following the release of said population determination, and the appointee shall hold office only until the next regular city or town election at which a person shall be elected to serve for the remainder of the unexpired term. In the event such population determination results in a decrease in the number of councilmen, said decrease shall not take effect until the next regular city or town election: PROVIDED, That the council shall by ordinance indicate which, if any, of the remaining positions shall be elected at-large or from wards or districts.

(5) ((If a vacancy in the council occurs, the remaining members shall appoint a person to fill such office only until the next regular general municipal election at which a person shall be elected to serve for the remainder of the unexpired term.)) Vacancies on the council occur, and shall be filled, as provided in chapter 42.12 RCW.

Sec. 13. Section 35.23.240, chapter 7, Laws of 1965 and RCW 35.23.240 are each amended to read as follows:

If anyone either elected to the position of mayor, or appointed to office, fails for ten days to qualify as required by law or fails to enter upon his duties at the time fixed by law or the orders of the city council, his office shall become vacant; or if such officer absents himself from the city without the consent of the city council for three consecutive weeks or openly neglects or refuses to discharge his duties, the council may declare his office vacant: PROVIDED, That this penalty for absence from the city shall not apply to such officers as serve without compensation.

If a vacancy occurs by reason of death, resignation, or otherwise in the office of mayor ((~~or councilman~~)), the city council shall fill the vacancy until the next general municipal election. Vacancies on the council occur, and shall be filled, as provided in chapter 42.12 RCW.

If a vacancy occurs by reason of death, resignation, or otherwise in any other office it shall be filled by appointment of the mayor and confirmed by the council in the same manner as other appointments are made.

Sec. 14. Section 35.24.100, chapter 7, Laws of 1965 and RCW 35.24.100 are each amended to read as follows:

In cities of the third class if a member of the city council absents himself for three consecutive regular meetings thereof, unless by permission of the council, his office may be declared vacant by the council.

Vacancies in ((~~the city council or in~~)) the office of mayor shall be filled by majority vote of the council. Vacancies on the council occur, and shall be filled, as provided in chapter 42.12 RCW. Vacancies in offices other than that of mayor or city councilman shall be filled by appointment of the mayor.

If a vacancy occurs in ((~~an elective~~)) the office of mayor the appointee shall hold office only until the next regular election at which a person shall be elected to serve for the remainder of the unexpired term.

If there is a temporary vacancy in an appointive office due to illness, absence from the city or other temporary inability to act, the mayor may appoint a temporary appointee to exercise the duties of the office until the temporary disability of the incumbent is removed.

Sec. 15. Section 35.27.140, chapter 7, Laws of 1965 and RCW 35.27.140 are each amended to read as follows:

((~~If a member of the council is absent from the town for three consecutive meetings unless by permission of the council his office shall be declared vacant by the council.~~)) A vacancy in the office of mayor ((~~and vacancies in the council~~)) shall be filled by a majority vote of the council. A vacancy in any other office shall be filled by appointment by the mayor. An appointee filling the vacancy in an elective office shall hold office only until the next general election at which time a person shall be elected to serve for the remainder of the unexpired term except that the person appointed to fill a vacancy in the office of mayor shall serve for the unexpired term.

Vacancies on the council occur, and shall be filled, as provided in chapter 42.12 RCW.

Sec. 16. Section 35.61.050, chapter 7, Laws of 1965 as amended by section 24, chapter 126, Laws of 1979 ex. sess. and RCW 35.61.050 are each amended to read as follows:

At the same election at which the proposition is submitted to the voters as to whether a metropolitan park district is to be formed, five park commissioners shall be elected to hold office respectively for the following terms: Where the election is held in an odd-numbered year, one commissioner shall be elected to hold office for two years, two shall be elected to hold office for four years, and two shall be elected to hold office for six years. Where the election is held in an even-numbered year, one commissioner shall hold office for three years, two shall hold office for five years, and two shall hold office for seven years. The initial commissioners shall take office immediately when they are elected and qualified, and for purposes of computing their terms of office the terms shall be assumed to commence on the first day of January of the year they are elected. The term of each nominee for park commissioner shall be expressed on the ballot. Thereafter, all commissioners shall serve six-year terms of office and until their respective successors are elected and qualified and assume office in accordance with RCW 29.04.170. Vacancies occur, and shall be filled ((~~by majority action of the remaining commissioners appointing a voter to fill the remainder of the term of the vacant commissioner position~~)) as provided in chapter 42.12 RCW.

Sec. 17. Section 35A.12.050, chapter 119, Laws of 1967 ex. sess. and RCW 35A.12.050 are each amended to read as follows:

The office of a mayor ((~~or councilman~~)) shall become vacant if he fails to qualify as provided by law or fails to enter upon his duties at the time fixed by law without a justifiable reason, upon his death, resignation, removal from office by recall as provided by law, or when his office is forfeited as provided in RCW 35A.12.060. A vacancy in the office of mayor ((~~or in the council~~)) shall be filled for the remainder of the unexpired term, if any, at the next regular municipal election but the council((~~, or the remaining members thereof,~~)) by majority vote shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. ((If at any time the membership of the council is reduced below the number required for a quorum, the remaining members, nevertheless, by majority action may appoint additional members to fill the vacancies until persons are elected to serve the remainder of the unexpired terms. If, after thirty days have passed since the occurrence of a vacancy, the council are unable to agree upon a person to be appointed to fill a vacancy in the council, the mayor may make the appointment from among the persons nominated by members of the council.)) Vacancies on the council occur, and shall be filled, as provided in chapter 42.12 RCW.

Sec. 18. Section 36.54.090, chapter 4, Laws of 1963 and RCW 36.54.090 are each amended to read as follows:

The governing body of a ferry district shall be a board of ferry commissioners consisting of three members. The first three commissioners shall be elected at the same election at which the proposition is submitted to the voters as to whether the ferry district shall be formed, and shall be elected to hold office respectively for the terms of one, two, and three years and until their respective successors are elected, the terms for each nominee for ferry commissioner to be expressed on the ballot. Thereafter there shall be held each year an election for a ferry commissioner to hold office for three years and until his successor is elected and qualified. No person shall be eligible to hold office as ferry commissioner unless he is a qualified voter and landowner in said ferry district. After the first election the time of the election shall be fixed by the ferry commissioners. ((~~Vacancies occurring may be filled by the remaining commissioners for the remainder of the unexpired term.~~)) Vacancies shall occur, and shall be filled, as provided in chapter 42.12 RCW. Each commissioner shall take and file his oath in writing that he will honestly and to the best of his ability carry on the affairs of the ferry district.

Sec. 19. Section 36.69.100, chapter 4, Laws of 1963 and RCW 36.69.100 are each amended to read as follows:

Vacancies on the board of park and recreation commissioners shall occur, and shall be filled ((~~by a majority vote of the remaining commissioners~~)) as provided in chapter 42.12 RCW.

Sec. 20. Section 4, chapter 1, Laws of 1931 as last amended by section 37, chapter 126, Laws of 1979 ex. sess. and RCW 54.12.010 are each amended to read as follows:

Within ten days after such election, the county canvassing board shall canvass the returns, and if at such election a majority of the voters voting upon such proposition shall vote in favor of the formation of such district, the canvassing board shall so declare in its canvass of the returns of such election, and such public utility district shall then be and become a municipal corporation of the state of Washington, and the name of such public utility district shall be Public Utility District No. ..... of .......... County. The powers of the public utility district shall be exercised through a commission consisting of three members in three commissioner districts, and five members in five commissioner districts. When the public utility district is coextensive with the limits of such county, then, at the first election of commissioners and until any change shall have been made in the boundaries of public utility district commissioner districts, one public utility district commissioner shall be chosen from each of the three county commissioner districts of the county in which the public utility district is located if the county is not operating under a "Home Rule" charter. When the public utility district comprises only a portion of the county, with boundaries established in accordance with chapter 54.08 RCW, or when the public utility district is located in a county operating under a "Home Rule" charter, three public utility district commissioner districts, numbered consecutively, having approximately equal population and boundaries, following ward and precinct lines, as far as practicable, shall be described in the petition for the formation of the public utility district, which shall be subject to appropriate change by the county legislative authority if and when they change the boundaries of the proposed public utility district, and one commissioner shall be elected from each of said public utility district commissioner districts. In all five commissioner districts an additional commissioner at large shall be chosen from each of the two at large districts. No person shall be eligible to be elected to the office of public utility district commissioner for a particular district commissioner district unless he is a registered voter of the public utility district commissioner district or at large district from which he is elected.

Except as otherwise provided, the term of office of each public utility district commissioner other than the commissioners at large shall be six years, and the term of each commissioner at large shall be four years. Each term shall be computed in accordance with RCW 29.04.170 following the commissioner's election. One commissioner at large and one commissioner from a commissioner district shall be elected at each general election held in an even-numbered year for the term of four years and six years respectively. All candidates shall be voted upon by the entire public utility district.

When a public utility district is formed, three public utility district commissioners shall be elected at the same election at which the proposition is submitted to the voters as to whether such public utility district shall be formed. If the general election adopting the proposition to create the public utility district was held in an even-numbered year, the commissioner residing in commissioner district number one shall hold office for the term of six years; the commissioner residing in commissioner district number two shall hold office for the term of four years; and the commissioner residing in commissioner district number three shall hold office for the term of two years. If the general election adopting the proposition to create the public utility district was held in an odd-numbered year, the commissioner residing in commissioner district number one shall hold office for the term of five years, the commissioner in district two shall hold office for the term of three years, and the commissioner in district three shall hold office for the term of one year. The commissioners first to be elected as above provided shall hold office from the first day of the month following the commissioners' election and their respective terms of office shall be computed from the first day of January next following the election.

All public utility district commissioners shall hold office until their successors shall have been elected and have qualified and assume office in accordance with RCW 29.04.170. A filing for nomination for public utility district commissioner shall be accompanied by a petition signed by one hundred registered voters of the public utility district, which shall be certified by the county auditor to contain the required number of registered voters, and shall otherwise be filed in accord with the requirements of RCW 29.21.060. At the time of filing such nominating petition, the person so nominated shall execute and file a declaration of candidacy subject to the provisions of RCW 29.21.060, as now or hereafter amended. The petition and each page of the petition shall state whether the nomination is for a commissioner from a particular commissioner district or for a commissioner at large and shall state the districts; otherwise it shall be void. A vacancy in the office of public utility district commissioner shall occur ((by death, resignation, removal, conviction of a felony, nonattendance at meetings of the public utility district commission for a period of sixty days unless excused by the public utility district commission, by any statutory disqualification, or by any permanent disability preventing the proper discharge of his duty. In the event of a vacancy in said office, such vacancy shall be filled at the next general election held in an even-numbered year, the vacancy in the interim to be filled by appointment by the remaining commissioners. If more than one vacancy exists at the same time in a three commissioner district, or more than two in a five commissioner district, a special election shall be called by the county canvassing board upon the request of the remainder, or, that failing, by the county election board, such election to be held not more than forty days after the occurring of such vacancies)), and shall be filled as provided in chapter 42.12 RCW.

A majority of the persons holding the office of public utility district commissioner at any time shall constitute a quorum of the commission for the transaction of business, and the concurrence of a majority of the persons holding such office at the time shall be necessary and shall be sufficient for the passage of any resolution, but no business shall be transacted, except in usual and ordinary course, unless there are in office at least a majority of the full number of commissioners fixed by law.

The boundaries of the public utility district commissioners' district may be changed only by the public utility district commission, and shall be examined every ten years to determine substantial equality of population, but said boundaries shall not be changed oftener than once in four years, and only when all members of the commission are present. The proposed change of the boundaries of the public utility district commissioners' district must be made by resolution and after public hearing. Notice of the time of a public hearing thereon shall be published for two weeks prior thereto. Upon a referendum petition signed by ten percent of the qualified voters of the public utility district being filed with the county auditor, the county legislative authority shall submit such proposed change of boundaries to the voters of the public utility district for their approval or rejection. Such petition must be filed within ninety days after the adoption of resolution of the proposed action. The validity of said petition shall be governed by the provisions of chapter 54.08 RCW.

Sec. 21. Section 8, chapter 210, Laws of 1941 as last amended by section 1, chapter 41, Laws of 1986 and RCW 56.12.030 are each amended to read as follows:

(1) Nominations for the first board of commissioners to be elected at the election for the formation of the sewer district shall be by petition of fifty qualified electors or ten percent of the qualified electors of the district, whichever is the smaller. The petition shall be filed in the auditor's office of the county in which the district is located at least thirty days before the election. Thereafter candidates for the office of sewer commissioner shall file declarations of candidacy and their election shall be conducted as provided by the general elections laws. A vacancy ((or vacancies shall be filled by appointment by the remaining commissioner or commissioners until the next regular election for commissioners: PROVIDED, That if there are two vacancies on the board, one vacancy shall be filled by appointment by the remaining commissioner and the one remaining vacancy shall be filled by appointment by the then two commissioners and said appointed commissioners shall serve until the next regular election for commissioners. If the vacancy or vacancies remain unfilled within six months of its or their occurrence, the county legislative authority in which the district is located shall make the necessary appointment or appointments. If there is a vacancy of the entire board a new board may be appointed by the board of county commissioners. Any person residing in the district who is at the time of election a qualified voter may vote at any election held in the sewer district)) shall occur, and shall be filled as provided in chapter 42.12 RCW.

(2) Subsection (1) of this section notwithstanding, 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 commissioner districts of approximately equal population following current precinct and district boundaries. Thereafter, candidates shall be nominated and one candidate shall be elected from each commissioner district by the electors of the commissioner district.

(3) All expense of elections for the formation or reorganization of a sewer district shall be paid by the county in which the election is held and the expenditure is hereby declared to be for a county purpose, and the money paid for that purpose shall be repaid to the county by the district if formed or reorganized.

Sec. 22. Section 3, chapter 18, Laws of 1959 as last amended by section 7, chapter 141, Laws of 1985 and RCW 57.12.020 are each amended to read as follows:

Nominations for the first board of commissioners to be elected at the election for the formation of the water district shall be by petition of at least twenty-five percent of the qualified electors of the district, or twenty-five of the qualified electors of the district, whichever is lesser, filed in the auditor's office of the county in which the district is located, at least thirty days prior to the election. Thereafter, candidates for the office of water commissioners shall file declarations of candidacy and their election shall be conducted as provided by the general election laws. A vacancy ((or vacancies on the board shall be filled by appointment by the remaining commissioner or commissioners until the next regular election for commissioners: PROVIDED, That if there are two vacancies on the board, one vacancy shall be filled by appointment by the remaining commissioner and the one remaining vacancy shall be filled by appointment by the then two commissioners and said appointed commissioners shall serve until the next regular election for commissioners. If the vacancy or vacancies remain unfilled within six months of its or their occurrence, the county legislative authority in which the district is located shall make the necessary appointment or appointments. If there is a vacancy of the entire board a new board may be appointed by the board of county commissioners)) shall occur, and shall be filled as provided in chapter 42.12 RCW.

Any person residing in the district who is a qualified voter under the laws of the state may vote at any district election.

Sec. 23. Section 15, chapter 192, Laws of 1961 and RCW 87.03.081 are each amended to read as follows:

A vacancy ((in the office of director shall be filled by appointment by the board of county commissioners of the county in which the proceedings for the organization of the district were had. At the next annual election occurring thirty days or more after the date of the appointment, a successor shall be elected who shall take office on the first Tuesday in January following and shall serve for the remainder of the unexpired term.

A director appointed to fill a vacancy occurring after the expiration of the term of a director shall serve until his successor is elected and qualified. At the next election of directors occurring thirty days or more after the appointment, a successor shall be elected who shall take office on the first Tuesday in January next and shall serve for the term for which he was elected)) shall occur, and shall be filled as provided in chapter 42.12 RCW.

Failure on the part of any irrigation district to hold one or more annual elections for selection of officers, or otherwise to provide district officers shall not dissolve the district or impair its powers, where later officers for the district are appointed or elected and qualify as such and exercise the powers and duties of their offices in the manner provided by law.

Sec. 24. Section 28A.57.260, chapter 223, Laws of 1969 ex. sess. as last amended by section 5, chapter 47, Laws of 1973 and RCW 28A.57.260 are each amended to read as follows:

A vacancy in the office of director of a joint district occurs, and shall be filled, in the manner provided ((~~by RCW 28A.57.326 for filling vacancies, such appointment to be valid only until a director is elected and qualified to fill such vacancy at the next regular district election~~)) in chapter 42.12 RCW.

Sec. 25. Section 28A.59.040, chapter 223, Laws of 1969 ex. sess. and RCW 28A.59.040 are each amended to read as follows:

The election of the officers of the board of directors ((~~or to fill any vacancy as provided in RCW 28A.57.326~~)), and the selection of the school district superintendent shall be by oral call of the roll of all the members, and no person shall be declared elected or selected unless he receives a majority vote of all the members of the board. Selection of other certificated and noncertificated personnel shall be made in such manner as the board shall determine. Vacancies occur, and shall be filled, as provided in chapter 42.12 RCW.

Sec. 26. Section 9, chapter 237, Laws of 1959 as amended by section 56, chapter 230, Laws of 1984 and RCW 52.08.051 are each amended to read as follows:

Fire protection district commissioners residing in territory withdrawn from a fire protection district shall be replaced in the manner provided for the filling of vacancies in ((~~RCW 52.14.050~~)) chapter 42.12 RCW.

NEW SECTION. Sec. 27. The following acts or parts of acts are each repealed:

(1) Section 28A.57.326, chapter 223, Laws of 1969 ex. sess., section 156, chapter 176, Laws of 1969 ex. sess., section 2, chapter 53, Laws of 1971, section 100, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.57.326;

(2) Section 36.32.070, chapter 4, Laws of 1963, section 1, chapter 159, Laws of 1986 and RCW 36.32.070;

(3) Section 26, chapter 34, Laws of 1939, section 1, chapter 153, Laws of 1971 ex. sess., section 1, chapter 17, Laws of 1974 ex. sess., section 1, chapter 64, Laws of 1977, section 2, chapter 238, Laws of 1984 and RCW 52.14.050;

(4) Section 9, chapter 17, Laws of 1959 and RCW 53.12.140; and

(5) Section 8, chapter 17, Laws of 1959, section 8, chapter 175, Laws of 1959, section 1, chapter 11, Laws of 1983, section 1, chapter 87, Laws of 1985 and RCW 53.12.150.