SENATE BILL REPORT

HJR 4206

As Reported By Senate Committee On:

Government Operations & Elections, April 4, 2003

Brief Description: Amending the Constitution to provide for vacancies that occur after the general election.

Sponsors: Representatives Hudgins, Nixon, Flannigan, Pettigrew, Clibborn, Kenney, Haigh, Hinkle, Bailey, Morrell and Upthegrove.

Brief History:

Committee Activity: Government Operations & Elections: 3/25/03, 4/4/03 [DPA].

SENATE COMMITTEE ON GOVERNMENT OPERATIONS & ELECTIONS

Majority Report: Do pass as amended.

      Signed by Senators Roach, Chair; Stevens, Vice Chair; Kastama and Reardon.

Staff: Ronda Larson (786-7429)

Background: The Washington State Constitution specifies that vacancies in partisan offices at the county level or in the state Legislature must be filled by an appointment process. County commissioners must nominate three people to fill the vacancy, then vote for one. If a majority of commissioners cannot agree on one person within 60 days after the vacancy occurs, the Governor must appoint one of the nominees within 30 days thereafter.

The appointment process is required even for vacancies that occur after a general election in which voters have chosen a successor to take office at the beginning of the January term.

Summary of Amended Bill: A constitutional amendment is proposed to eliminate the requirement for the appointment process in certain circumstances. If a vacancy occurs after the general election in a year that the office appears on the ballot and before the start of the next term, the successor's term may commence immediately after the election results are certified. Such successor need not go through an appointment process.

Amended Bill Compared to Original Bill: The amended House bill limits the bill to situations where the successor is of the same party as the incumbent. Where the successor is of a different party than the incumbent, a post-election, pre-January vacancy must be filled through the normal appointment process.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The resolution takes effect upon approval of the voters at the November 2003 election.

Testimony For: It is a small bill to fill a gap in statutes. In current law, if there is a redistricting, a person is eligible to take office immediately, but nevertheless must wait to go through the appointment process. What makes it difficult is that it occurs in December, when most people are gone for the holidays and are unavailable to meet for the appointment process. This bill applies to both county and statewide partisan positions.

Testimony Against: None.

Testified: Representative Hudgins, prime sponsor (pro).