AN ACT Relating to special districts; amending RCW 85.38.010, 85.05.015, 86.09.377, 85.38.100, and 85.24.250; adding new sections to chapter 85.38 RCW; recodifying RCW 85.05.015; and repealing RCW 85.24.210.

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

Sec. 1. Section 2, chapter 396, Laws of 1985 as amended by section 41, chapter 278, Laws of 1986 and RCW 85.38.010 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) "Governing body" means the board of commissioners, board of supervisors, or board of directors of a special district.

(2) "Owner of land" means the record owner of at least a majority ownership interest in a separate and legally created lot or parcel of land, as determined by the records of the county auditor, except that if the lot or parcel has been sold under a real estate contract, the vendee or grantee shall be deemed to be the owner of such land for purposes of authorizing voting rights. It is assumed, unless shown otherwise, that the name appearing as the owner of property on the property tax rolls is the current owner.

(3) "Qualified voter of a special district" means a person who is either: (a) A natural person who is a voter under general state election laws, registered to vote in the state of Washington for a period of not less than sixty days before the election, and the owner of land located in the special district for a period of not less than sixty days before the election; (b) a corporation or partnership that has owned land located in the special district for a period of not less than sixty days before the election; or (c) the state, its agencies or political subdivisions that own land in the special district or lands proposed to be annexed into the special district except that the state, its agencies and political subdivisions shall not be eligible to vote to elect a member of the governing board of a special district. ((If land is owned as community property, both spouses may vote if otherwise qualified. If other multiple undivided interests exist in a lot or parcel, and no person owns a majority undivided interest, the owners of undivided interests at least equal to a majority interest may designate in writing which owner is eligible to vote. A corporation, partnership or governmental entity shall designate a natural person to exercise its voting powers. Except as provided in RCW 85.05.015 and 86.09.377, no owner of land may cast more than one vote, or have more than one vote cast for it, in a special district election.))

(4) "Special district" means: (a) A diking district; (b) a drainage district; (c) a diking, drainage, and/or sewerage improvement district; (d) an intercounty diking and drainage district; (e) a consolidated diking district, drainage district, diking improvement district, and/or drainage improvement district; or (f) a flood control district.

(5) "Special district general election" means the election of a special district regularly held on the second Tuesday of December in each odd-numbered year at which a member of the special district governing body is regularly elected.

NEW SECTION. Sec. 2. A new section is added to chapter 85.38 RCW to read as follows:

(1) The owner of land located in a special district who is a qualified voter of the special district shall receive two votes at any election.

(2) If multiple undivided interests, other than community property interests, exist in a lot or parcel and no person owns a majority undivided interest, the owners of undivided interests at least equal to a majority interest may designate in writing:

(a) Which owner is eligible to vote and may cast two votes; or

(b) Which two owners are eligible to vote and may cast one vote apiece.

(3) If land is owned as community property, each spouse shall be entitled to one vote if both spouses otherwise qualify to vote, unless one spouse designates in writing that the other spouse may cast both votes.

(4) A corporation, partnership, or governmental entity shall designate:

(a) A natural person to cast its two votes; or

(b) Two natural persons to each cast one of its votes.

(5) Except as provided in RCW 85.05.015 (as recodified by this act) and 86.09.377, no owner of land may cast more than two votes or have more than two votes cast for him or her in a special district election.

Sec. 3. Section 21, chapter 396, Laws of 1985 and RCW 85.05.015 are each amended to read as follows:

Each qualified voter of a diking improvement or drainage improvement district who owns more than ten acres of land within the district shall be entitled to ((~~one~~)) two additional votes for each ten acres or major fraction thereof located within the district, up to a maximum total of ((~~twenty~~)) forty votes for any voter, or in the case of community property, a maximum total of ((~~ten~~)) twenty votes per member of the marital community: PROVIDED, That this additional voting provision shall only apply in districts that were not in operation and did not have improvements as of May 14, 1925.

Sec. 4. Section 22, chapter 396, Laws of 1985 and RCW 86.09.377 are each amended to read as follows:

Each qualified voter of a flood control district who owns more than ten acres of land within the district shall be entitled to ((~~one~~)) two additional votes for each ten acres or major fraction thereof located within the district, up to a maximum total of ((~~twenty~~)) forty votes for any voter, or in the case of community property, a maximum total of ((~~ten~~)) twenty votes per member of the marital community.

Sec. 5. Section 11, chapter 396, Laws of 1985 and RCW 85.38.100 are each amended to read as follows:

General elections shall be held in each special district on the second Tuesday in December in each odd-numbered year. The auditor of the county within which a special district, or the largest portion of a special district, is located may provide for special elections whenever necessary. The governing body shall designate the polling place or places, which shall be within the boundaries of the special district, or may be outside of the special district's boundaries at the special district's principal business office or a site owned by a public entity or private nonprofit entity that is readily accessible to members of the general public.

NEW SECTION. Sec. 6. A new section is added to chapter 85.38 RCW to read as follows:

No election shall be held to elect a member of a special district governing body, or to fill the remainder of an unexpired term which arose from a vacancy on the governing body, if no one or only one person files for the position.

If only one person files for the position, he or she shall be considered to have been elected to the position at the election that otherwise would have taken place for such position.

If no one files for the position and the upcoming election is one at which someone would have been elected to fill the expired term, the position shall be treated as vacant at the expiration of the term.

If no one files for the position and the upcoming election is one at which someone would have been elected to fill the remaining term of office, the person appointed to fill the vacancy shall be considered to have been elected to the position at the election and shall serve for the remainder of the unexpired term.

Sec. 7. Section 19, chapter 225, Laws of 1909 as amended by section 119, chapter 195, Laws of 1973 1st ex. sess. and RCW 85.24.250 are each amended to read as follows:

Whenever it shall appear to the ((~~city~~)) council of any incorporated city or town not included or not wholly included within the limits of any diking or drainage district established hereunder, which incorporated city or town may be within a county in which a portion of such district is located that the construction and maintenance of such diking and drainage system will be beneficial to the health of the inhabitants of said incorporated city or town and to the general welfare of the said city or town, then the city or town council ((~~of said city~~)) is hereby empowered and authorized to appropriate such amount of money out of the general funds of the city or town as may to the ((~~city~~)) council seem proper and just to such diking and drainage system, or the ((~~city~~)) council may for such purpose ((~~levy an~~)) impose assessments upon all the property in said city ((~~subject to taxation by said city, which shall not exceed twelve and one-half cents per thousand dollars of assessed value of property~~)) or town that benefits from facilities and activities of the diking or drainage district, and give the assessments to the diking or drainage district.

NEW SECTION. Sec. 8. Section 31, chapter 225, Laws of 1909 and RCW 85.24.210 are each repealed.

NEW SECTION. Sec. 9. RCW 85.05.015 is recodified as a section in chapter 85.08 RCW.