SENATE BILL REPORT

HB 1224

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

Simplifying filing procedures for elections to fill short and full terms.

House Committe on State Government

Senate Committee on Governmental Operations

Senate Hearing Date(s):March 21, 1989

Majority Report:  Do pass.

      Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; Conner, Sutherland.

Senate Staff:Sam Thompson (786-7754)

                  March 21, 1989

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, MARCH 21, 1989

BACKGROUND:

An appointee to fill a vacancy in an elective public office generally serves until the election of a successor has been certified.  The successor will usually serve the short term and the following full term of the office.  The "short term" is the brief period following the certification of the election and the commencement of the full term.

A problem has arisen when a vacancy occurs in the last year of a term of office, creating the need to fill the office in the short term.  If the vacancy occurs prior to the period for filing declarations of candidacy at the end of July, a declaration of candidacy for the office is construed as a filing for both the short term and the full term.  However, if the vacancy occurs after the filing period, a candidate who had earlier filed a declaration of candidacy must file a second declaration of candidacy for the short term in a special filing period.  It is suggested that in this circumstance, the declaration of candidacy filed in the regular filing period should be sufficient for the short term, as well.

SUMMARY:

When a vacancy occurs in an elective public office following the close of the filing period and a short term must be filled, a declaration of candidacy filed for the full term will be construed as a declaration of candidacy for both the short term and the full term.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: John Pearson, Secretary of State's office (pro)