BILL REQ. #:  S-3990.1 

Read first time 01/24/12.   Referred to Committee on Government Operations, Tribal Relations & Elections.

     AN ACT Relating to special district general and special elections; and amending RCW 85.38.010 and 85.38.100.

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

Sec. 1   RCW 85.38.010 and 1991 c 349 s 1 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
     (1) "Governing body" means the board of commissioners, board of supervisors, or board of directors of a special district.
     (2) "Owner of land" means the record owner of at least a majority ownership interest in a separate and legally created lot or parcel of land, as determined by the records of the county auditor, except that if the lot or parcel has been sold under a real estate contract, the vendee or grantee shall be deemed to be the owner of such land for purposes of authorizing voting rights. It is assumed, unless shown otherwise, that the name appearing as the owner of property on the property tax rolls is the current owner.
     (3) "Qualified voter of a special district" means a person who is either: (a) A natural person who is a voter under general state election laws, registered to vote in the state of Washington for a period of not less than thirty days before the election, and the owner of land located in the special district for a period of not less than thirty days before the election; (b) a corporation or partnership that has owned land located in the special district for a period of not less than sixty days before the election; or (c) the state, its agencies or political subdivisions that own land in the special district or lands proposed to be annexed into the special district except that the state, its agencies and political subdivisions shall not be eligible to vote to elect a member of the governing board of a special district.
     (4) "Special district" means: (a) A diking district; (b) a drainage district; (c) a diking, drainage, and/or sewerage improvement district; (d) an intercounty diking and drainage district; (e) a consolidated diking district, drainage district, diking improvement district, and/or drainage improvement district; or (f) a flood control district.
     (5) "Special district general election" means the election of a special district regularly held ((on the first Tuesday after the first Monday in February in each even-numbered year)) pursuant to RCW 85.38.100 at which a member of the special district governing body is regularly elected.

Sec. 2   RCW 85.38.100 and 1991 c 349 s 5 are each amended to read as follows:
     General elections shall be held in each special district on the ((first Tuesday after the first Monday in February)) special election date described in RCW 29A.04.321(2)(a) in each even-numbered year. The auditor of the county within which a special district, or the largest portion of a special district, is located may provide for special elections whenever necessary on the dates authorized in RCW 29A.04.321(2).