BP BHEAD INT S

AN ACT Relating to local government proportional representation; and amending RCW 29.15.130, 29.18.010, 29.21.010, 29.21.015, 35A.12.040, and 35A.29.105.

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

Sec. 1. RCW 29.15.130 and 1990 c 59 s 79 are each amended to read as follows:

Not less than thirty days before the first day for filing declarations of candidacy under RCW 29.15.020 for legislative, judicial, county, city, town, or district office, where more than one position with the same name, district number, or title will be voted upon at the succeeding election, the filing officer shall designate the positions to be filled by number.

The positions so designated shall be dealt with as separate offices for all election purposes, except where the city, town, or district has chosen to use a proportional representation electoral system. With the exception of the office of justice of the supreme court, the position numbers shall be assigned, whenever possible, to reflect the position numbers that were used to designate the same positions at the last full-term election for those offices.

Sec. 2. RCW 29.18.010 and 1990 c 59 s 78 are each amended to read as follows:

Candidates for the following offices shall be nominated at partisan primaries held pursuant to the provisions of this chapter:

(1) Congressional offices;

(2) All state offices except (a) judicial offices and (b) the office of superintendent of public instruction;

(3) All county offices except (a) judicial offices and (b) those offices where a county home rule charter provides otherwise.

This chapter does not apply where a proportional representation or preferential voting electoral system is used by city governments, boards of education, and other local governmental bodies to elect their governmental representatives.

Sec. 3. RCW 29.21.010 and 1990 c 59 s 89 are each amended to read as follows:

All cities and towns shall hold primary elections except where a proportional representation voting or preferential voting electoral system has been selected by the citizens or governing bodies of these cities to be used to elect their governmental representatives. All city and town primaries shall be nonpartisan. Primaries for special purpose districts, except those districts that require ownership of property within the district as a prerequisite to voting, shall be nonpartisan. City, town, and district primaries shall be held as provided in RCW 29.13.070.

The purpose of this section is to establish the holding of a primary, subject to the exemptions in RCW 29.21.015, as a uniform procedural requirement to the holding of city, town, and district elections. These provisions supersede any and all other statutes, whether general or special in nature, having different election requirements.

Sec. 4. RCW 29.21.015 and 1990 c 59 s 90 are each amended to read as follows:

No primary may be held for any single position in any city, town, or district, as required by RCW 29.21.010, if((,)):

(1) That city, town, or district elects its governmental representatives by proportional representation or preferential voting electoral system; or

(2) After the last day allowed for candidates to withdraw, there are no more than two candidates filed for the position. The county auditor shall, as soon as possible, notify all the candidates so affected that the office for which they filed will not appear on the primary ballot. Names of candidates so notified shall be printed upon the general election ballot in the manner specified by RCW 29.30.025.

Sec. 5. RCW 35A.12.040 and 1979 ex.s. c 18 s 21 are each amended to read as follows:

Officers shall be elected at biennial municipal elections to be conducted as provided in chapter 35A.29 RCW. The mayor and the councilmen shall be elected for four year terms and until their successors are elected and qualified; except that at any first election three councilmen in cities having seven councilmen, and two councilmen in cities having five councilmen, shall be elected for two year terms and the remaining councilmen shall be elected for four year terms. At any first election upon reorganization, council members shall be elected as provided in RCW 35A.02.050. Thereafter the requisite number of councilmen shall be elected biennially as the terms of their predecessors expire and shall serve for terms of four years. The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate offices for all election purposes, as provided in RCW 35A.29.105, except where the city has chosen to use a proportional representation electoral system. In any city which holds its first election under this title in the calendar year 1970, candidates elected for two year terms shall hold office until their successors are elected and qualified at the general municipal election to be held in November, 1973 and candidates elected for four year terms shall hold office until their successors are elected and qualified at the general municipal election to be held in November, 1975. Election to positions on the council shall be by majority vote from the city at large, unless provision is made by charter or ordinance for election by wards. The city council shall be the judge of the qualifications of its members and determine contested elections of city officers, subject to review by certiorari as provided by law. The mayor and councilmen shall qualify by taking an oath or affirmation of office and as may be provided by law, charter, or ordinance.

Sec. 6. RCW 35A.29.105 and 1990 c 59 s 106 are each amended to read as follows:

Positions to be filled on the council of code cities operating under the mayor-council or council-manager plan of government shall be numbered consecutively and treated as separate offices for all election purposes as provided in RCW 29.15.130, except where the city has chosen to use a proportional representation electoral system.