S-1402               _______________________________________________

 

                                                   SENATE BILL NO. 5900

                        _______________________________________________

 

State of Washington                               51st Legislature                              1989 Regular Session

 

By Senator Anderson

 

 

Read first time 2/15/89 and referred to Committee on  Governmental Operations.

 

 


AN ACT Relating to sewer and water districts; adding new sections to chapter 56.12 RCW; and adding new sections to chapter 57.12 RCW.

 

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

 

          NEW SECTION.  Sec. 1.  A new section is added to chapter 56.12 RCW to read as follows:

          (1) An established sewer district having fifty or fewer residents may, by resolution of its board of commissioners, expand the electorate of the district to include:

          (a) All persons who hold title to real property within the district who are registered to vote in the state of Washington; and

          (b) Any domestic corporation or domestic partnership that holds title to real property within the district.

          (2) Persons described in subsection (1)(a) of this section shall be eligible to vote in a district election if they have held title to real property within the district for a period of at least sixty days preceding the election.

          (3) Authorized agents of entities described in subsection (1)(b) of this section shall be eligible to vote in a district election if the entity has held title to real property within the district for a period of at least sixty days preceding the election.  Any entity described in subsection (1)(b) of this section shall be entitled to one vote, which may be cast by the authorized agent of the entity if they submit their instrument of authority with the county auditor accompanying their request for a district absentee ballot at least thirty days prior to the date of any district election.

          (4) Persons and authorized agents of entities described in subsection (1) of this section shall vote by requesting an absentee district ballot from the auditor of the county in which all or most of the district is located.  Such request must be presented to or received by the county auditor at least thirty days prior to the election.  The county auditor may require evidence of eligibility to vote.

          (5) Persons and authorized agents of entities described in subsection (1) of this section are eligible to seek the office of district commissioner if they have held title to property in the district for at least sixty days at the time of the filing of their declaration of candidacy.  Representatives of entities described in subsection (1)(b) of this section must file an instrument recognizing their authority to represent the entity with their declaration of candidacy.  The county auditor may require evidence of eligibility to file the declaration of candidacy.

          (6) Persons and authorized agents of entities described in subsection (1) of this section may cast votes and be eligible to hold district office only so long as the resident population of the district is fifty or fewer residents.  If the number of residents within the district increases to more than fifty residents, the commissioner position or positions held by nonresident electors shall be deemed vacant and shall be filled in the manner provided in RCW 56.12.020.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 56.12 RCW to read as follows:

          A sewer district that expands its electorate under the provisions of section 1 of this act shall prepare and maintain a list of presumed eligible voters.  The list shall include the assessor's tax number for each lot or parcel in the district, the name or the names of the owners of such lots and parcels, the extent of the ownership interest of such persons, and if such persons are natural persons, whether they are known to be registered voters in the state of Washington.  Whenever such a list is prepared, the district shall attempt to notify each owner of the requirements necessary to establish their authority to vote.  Whenever lots or parcels in the district are sold, the district shall attempt to notify the purchasers of the requirements necessary to establish their authority to vote. Each special district shall provide a copy of this list, and any revised list, to the auditor of the county within which all or most of the special district is located.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter  57.12 RCW to read as follows:

          (1) An established water district having fifty or fewer residents may, by resolution of its board of commissioners, expand the electorate of the district to include:

          (a) All persons who hold title to real property within the district who are registered to vote in the state of Washington; and

          (b) Any domestic corporation or domestic partnership that holds title to real property within the district.

          (2) Persons described in subsection (1)(a) of this section shall be eligible to vote in a district election if they have held title to real property within the district for a period of at least sixty days preceding the election.

          (3) Authorized agents of entities described in subsection (1)(b) of this section shall be eligible to vote in a district election if the entity has held title to real property within the district for a period of at least sixty days preceding the election.  Any entity described in subsection (1)(b) of this section shall be entitled to one vote, which may be cast by the authorized agent of the entity if they submit their instrument of authority with the county auditor accompanying their request for a district absentee ballot at least thirty days prior to the date of any district election.

          (4) Persons and authorized agents of entities described in subsection (1) of this section shall vote by requesting an absentee district ballot from the auditor of the county in which all or most of the district is located.  Such request must be presented to or received by the county auditor at least thirty days prior to the election.  The county auditor may require evidence of eligibility to vote.

          (5) Persons and authorized agents of entities described in subsection (1) of this section are eligible to seek the office of district commissioner if they have held title to property in the district for at least sixty days at the time of the filing of their declaration of candidacy.  Representatives of entities described in subsection (1)(b) of this section must file an instrument recognizing their authority to represent the entity with their declaration of candidacy.  The county auditor may require evidence of eligibility to file the declaration of candidacy.

          (6) Persons and authorized agents of entities described in subsection (1) of this section may cast votes and be eligible to hold district office only so long as the resident population of the district is fifty or fewer residents.  If the number of residents within the district increases to more than fifty residents, the commissioner position or positions held by nonresident electors shall be deemed vacant and shall be filled in the manner provided in RCW 57.12.020.

 

          NEW SECTION.  Sec. 4.  A new section is added to chapter 57.12 RCW to read as follows:

          A water district that expands its electorate under the provisions of section 3 of this act shall prepare and maintain a list of presumed eligible voters.  The list shall include the assessor's tax number for each lot or parcel in the district, the name or the names of the owners of such lots and parcels, the extent of the ownership interest of such persons, and if such persons are natural persons, whether they are known to be registered voters in the state of Washington.  Whenever such a list is prepared, the district shall attempt to notify each owner of the requirements necessary to establish their authority to vote.  Whenever lots or parcels in the district are sold, the district shall attempt to notify the purchasers of the requirements necessary to establish their authority to vote. Each special district shall provide a copy of this list, and any revised list, to the auditor of the county within which all or most of the special district is located.