HOUSE BILL REPORT

                  HB 2623

             As Reported By House Committee On:

                      State Government

Title:  An act relating to the clarification of definitions regarding elections.

Brief Description:  Clarifying definitions regarding elections.

Sponsors:  Representative Anderson.

Brief History:

  Reported by House Committee on:

State Government, February 1, 1994, DPS.

HOUSE COMMITTEE ON STATE GOVERNMENT

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 6 members:  Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell and Conway.

Staff:  Kenneth Hirst (786-7105).

Background:

Short Term.  In 1976, the Legislature defined the "short term" of an office as being that brief period starting with the completion of the certification of election returns and ending with the start of the full term of office in January.  This definition applies only if the office is held by an appointee at the time of the election.  Although the title of the bill which created this definition was restricted to nonpartisan elections, this is the only definition of a "short term" provided by law.

A member of a school district's board of directors assumes office at the first scheduled meeting of the board which follows the election for the office.

Major Political Party.  Under the Election Code, a major political party is one that has at least one nominee for an office voted upon statewide who secured at least 5 percent of the vote at the last preceding state general election held in an even-numbered year. Occasionally such a partisan office is not voted upon in an even-numbered year.

Summary of Substitute Bill:  A "short term" for a partisan office or a nonpartisan office exists whether a person has or has not been appointed to fill temporarily a vacancy in the office.  A "short term" does not exist for the office of school district director.

It is clarified that the election which determines whether a political party is a "major political party" under the Election Code is the last state general election conducted for an office voted upon statewide.

Substitute Bill Compared to Original Bill:  The substitute bill applies to nonpartisan offices the same definition provided by the bill for partisan offices.

Fiscal Note:  Not requested.

Effective Date of Substitute Bill:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  "Short term" should be the same for both partisan and nonpartisan offices.

Testimony Against:  None.

Witnesses:  Gary McIntosh, Office of the Secretary of State (in favor).