S-0221.1  _______________________________________________

                         SENATE BILL 5225

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Heavey, McCaslin and C. Anderson

Read first time 01/16/95.  Referred to Committee on Government Operations.

Clarifying disposition of oaths of office.

    AN ACT Relating to filing of oaths of office; and amending RCW 29.04.170.

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

    Sec. 1.  RCW 29.04.170 and 1980 c 35 s 7 are each amended to read as follows:

    (1) ((The legislature finds that certain laws are in conflict governing the election of various local officials.  The purpose of this legislation is to provide a common date for the assumption of office for all the elected officials of counties, cities, towns, and special purpose districts other than school districts where the ownership of property is not a prerequisite of voting.  It is also the purpose of this legislation to remove these conflicts and delete old statutory language concerning such elections which is no longer necessary.

    (2))) For elective offices of counties, cities, towns, and special purpose districts other than school districts where the ownership of property is not a prerequisite of voting, the term of incumbents shall end and the term of successors shall begin after the successor is elected and qualified, and the term shall commence immediately after December 31st following the election, except as follows:

    (a) Where the term of office varies from this standard according to statute; and

    (b) If the election results have not been certified prior to January 1st after the election, in which event the time of commencement for the new term shall occur when the successor becomes qualified in accordance with RCW 29.01.135.

    (((3))) (2) For elective offices governed by this section, the oath of office shall be taken as the last step of qualification as defined in RCW 29.01.135 but may be taken either:

    (a) Up to ten days prior to the scheduled date of assuming office; or

    (b) At the last regular meeting of the governing body of the applicable county, city, town, or special district held before the winner is to assume office.

(3) The oath of office must be documented in writing and a copy of the document filed with the office issuing the certificate of election.  The oath of office document must be retained until a successor to the elected officer is elected and qualified.

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