1391 AMS MCCA COOP 038

HB 1391 - S AMD 362

   By    Senator McCaslin

   On page 3, after line 3, insert:

   Sec. 5. RCW 35A.12.180 and 1994 c 34 are each amended to read as follows:

   At any time not within three months previous to a municipal general election, the council of a noncharter code city organized under this chapter may divide the city into wards or change the boundaries of existing wards. The qualified electors or the council of a noncharter code city located east of the crest of the Cascade mountain range that has an estimated population greater than eighty thousand but less than one hundred eighty thousand and is intersected by Interstate 90 may divide the city into wards or change the boundaries of existing wards at any time not within three months previous to a municipal general election. No change in the boundaries of wards shall affect the term of any councilmember, and councilmembers shall serve out their terms in the wards of their residences at the time of their elections: PROVIDED, That if this results in one ward being represented by more councilmembers than the number to which it is entitled those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of those positions being vacant. No change in the boundaries of wards nor any assignment of councilmembers by the council shall affect such councilmembers' eligibility to be appointed to fill a vacancy in the office of mayor, as provided in 35A.12.050. The representation of each ward in the city council shall be in proportion to the population as nearly as is practicable.

   Wards shall be redrawn as provided in chapter ((29.70)) 29A.76 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so.

   On page 1, line 2 of the title, after "35.27.140," strike the remainder of the title and insert "35A.12.050, and 35A.12.180."

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   EFFECT: Provides that at any time greater than three months before a municipal general election, the qualified electors of a noncharter code city located east of the crest of the Cascade mountain range that has a population between 80,000 and 180,000 and is intersected by Interstate 90 may divide the city into wards or change the boundaries of existing wards. Also provides that the eligibility of councilmembers to be appointed to fill a vacancy in the office of mayor is not affected by the adjustment of ward boundaries, nor by the assignment of councilmembers to wards in conjunction with such adjustments.