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AN ACT Relating to vacancies in elective office; amending RCW 36.32.070, 42.12.040, and 42.12.010; adding new sections to chapter 42.12 RCW; and providing a contingent effective date.

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

Sec. 1. RCW 36.32.070 and 1990 c 252 s 7 are each amended to read as follows:

Whenever there is a vacancy in the board of county commissioners, except as provided in RCW 36.32.0558, it shall be filled as follows:

(1) If there are three vacancies, the governor of the state shall appoint two of the officers. The two commissioners thus appointed shall then meet and select the third commissioner. ((~~If the two appointed commissioners fail to agree upon selection of the third after the expiration of five days from the day they were appointed, the governor shall appoint the remaining commissioner.~~)) The vacancies shall be filled in accordance with Article II, section 15 of the state Constitution.

(2) Whenever there are two vacancies in the office of county commissioner, the governor shall appoint one commissioner, and the two commissioners then in office shall appoint the third commissioner. ((~~If they fail to agree upon a selection after the expiration of five days from the day of the governor's appointment, the governor shall appoint the third commissioner.~~)) The vacancies shall be filled in accordance with Article II, section 15 of the state Constitution.

(3) Whenever there is one vacancy in the office of county commissioner, the two remaining commissioners shall fill the vacancy((~~. If the two commissioners fail to agree upon a selection after the expiration of five days from the day the vacancy occurred, the governor shall appoint the third commissioner~~)) in accordance with Article II, section 15 of the state Constitution.

Sec. 2. RCW 42.12.040 and 1981 c 180 s 1 are each amended to read as follows:

(1) If a vacancy occurs in any partisan elective office in the executive ((~~or legislative branches~~)) branch of state government or in any partisan county elective office before the fourth Tuesday prior to the primary for the next general election ((~~following the occurrence of the vacancy~~)) occurring during the first three years of the term of office, a successor shall be elected to that office at that general election. ((~~Except during the last year of the term of office,~~)) If such a vacancy occurs on or after the fourth Tuesday prior to the primary for ((~~that~~)) the general election occurring during the first two years of the term of office, the election of the successor shall occur at the next succeeding general election. The elected successor or, where no successor is elected pursuant to this section, an appointee, selected pursuant to Article II, section 15 of the state Constitution, shall hold office for the remainder of the unexpired term. This section shall not apply to any vacancy occurring in a charter county which has charter provisions inconsistent with this section.

(2) If a vacancy occurs in the state senate before the fourth Tuesday prior to the primary for the next even-year general election occurring two years after the term of office commenced, a successor shall be elected to that office at that general election.

(3) If a vacancy occurs in the state senate after the time specified in subsection (2) of this section, and if a vacancy occurs in the state house of representatives at any time, an appointee, selected pursuant to Article II, section 15 of the state Constitution, shall hold office for the remainder of the unexpired term.

NEW SECTION. Sec. 3. A new section is added to chapter 42.12 RCW to read as follows:

The county legislative authority session or joint session at which a vacancy in the state legislature is filled in accordance with Article II, section 15 of the state Constitution shall be conducted at a location within the state legislative district.

NEW SECTION. Sec. 4. A new section is added to chapter 42.12 RCW to read as follows:

Vacancies that occur in any partisan county elective office shall be filled in accordance with Article II, section 15 of the state Constitution. Such vacancies shall be filled by majority vote of the members of the county legislative authority.

Sec. 5. RCW 42.12.010 and 1981 c 180 s 4 are each amended to read as follows:

Every elective office shall become vacant on the happening of any of the following events:

(1) The death of the incumbent;

(2) His or her resignation. A vacancy caused by resignation shall be deemed to occur upon the effective date of the resignation;

(3) His or her removal;

(4) His or her ceasing to be a legally qualified elector of the district, county, city, town, or other municipal or quasi municipal corporation from which he or she shall have been elected or appointed;

(5) His or her conviction of a felony, or of any offense involving a violation of his or her official oath;

(6) His or her refusal or neglect to take his or her oath of office, or to give or renew his or her official bond, or to deposit such oath or bond within the time prescribed by law;

(7) The decision of a competent tribunal declaring void his or her election or appointment; ((or))

(8) Whenever a judgment shall be obtained against that incumbent for breach of the condition of his or her official bond; or

(9) Whenever the incumbent files a declaration of candidacy for any public elective office, whether federal, state, or local, for a term which shall commence more than seventy-five days prior to the completion of the incumbent's current term of office.

NEW SECTION. Sec. 6. Sections 1, 2, and 4 of this act shall take effect December 2, 1993, if the proposed amendment to Article II, section 15 of the state Constitution, Senate Joint Resolution No. ..., modifying methods for filling vacancies in the legislature or county elective office, is validly submitted to and is approved and ratified by the voters at a general election held in November 1993. If the proposed amendment is not so approved and ratified, sections 1, 2, and 4 of this act shall be null and void in their entirety.