HOUSE BILL REPORT

HB 1570

BYRepresentatives R. Fisher and McLean; by request of Secretary of State

Changing election procedures in optional code cities.

House Committe on State Government

Majority Report:  Do pass.  (10)

      Signed by Representatives R. Fisher, Chair; Anderson, Vice Chair; McLean, Ranking Republican Member; Hankins, R. King, Morris, O'Brien, Rector, Sayan and Silver.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE JANUARY 19, 1990

BACKGROUND:

The Optional Municipal Code permits the council of a city with a mayor- council form of government to be the judge of the qualifications of its members.  It also permits the council to determine contested elections of city officers, subject to judicial review.

SUMMARY:

Provisions of the Optional Municipal Code are repealed which permit the council of a city with a mayor-council form of government to be the judge of the qualifications of its members and to determine contested elections of city officers.  Also repealed are provisions establishing special requirements for the terms of office of certain officers elected in 1970.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    John Pearson, Office of the Secretary of State.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    (1) The superior court decides contested elections under the Election Code.  The bill simply applies this principle uniformly.  (2) The authority of Congress or the Legislature to judge the qualifications of its members is a Constitutional separation-of-powers issue that does not really apply at the local level.

House Committee - Testimony Against:      None.