1195-S2 AMS GOV S2450.1

2SHB 1195  - S COMM AMD
     By Committee on Governmental Operations

OUT OF ORDER 04/28/2013

     Strike everything after the enacting clause and insert the following:

"Sec. 1   RCW 29A.24.171 and 2011 c 349 s 10 are each amended to read as follows:
     (1) If, prior to the first day of the regular filing period, a vacancy occurs in an office that is not scheduled to appear on the general election ballot, leaving an unexpired term for which a successor must be elected at the next general election, filings for that office shall be accepted during the regular filing period. The filing officer shall provide notice of the vacancy and filing period to newspapers, radio, and television in the county, and online. The position shall appear on the primary and general election ballots unless ((no primary is required or unless)) a candidate for superior court judge is entitled to a certificate of election pursuant to Article ((4 [IV])) IV, section 29 of the state Constitution.
     (2) If, on the first day of the regular filing period or later, a vacancy occurs in an office that is not scheduled to appear on the general election ballot, leaving an unexpired term, the election of the successor shall occur at the next succeeding general election that the office is allowed by law to have an election.

Sec. 2   RCW 29A.36.101 and 2004 c 271 s 125 are each amended to read as follows:
     Except for the candidates for ((the positions of)) president and vice president, ((for a partisan or nonpartisan office for which no primary is required, or for independent or minor party candidates,)) the names of all candidates who, under this title, filed a declaration of candidacy ((or were certified as a candidate to fill a vacancy on a major party ticket will)) must appear on the appropriate ballot at the primary throughout the jurisdiction ((in which they are to be nominated)).

Sec. 3   RCW 29A.36.131 and 2011 c 10 s 32 are each amended to read as follows:
     After the close of business on the last day for candidates to file for office, the filing officer shall((, from among those filings made in person and by mail,)) determine by lot the order in which the names of those candidates will appear on all ballots. The determination shall be done publicly and may be witnessed by the media and by any candidate. ((If no primary is required for any nonpartisan office under RCW 29A.52.011 or 29A.52.220, or if any independent or minor party candidate files a declaration of candidacy, the names shall appear on the general election ballot in the order determined by lot.))

Sec. 4   RCW 29A.36.170 and 2005 c 2 s 6 are each reenacted and amended to read as follows:
     (((1) For any office for which a primary was held,)) Only the names of the top two candidates in a contested primary will appear on the general election ballot; the name of the candidate who received the greatest number of votes in the primary will appear first and the candidate who received the next greatest number of votes in the primary will appear second. No candidate's name may be printed on the subsequent general election ballot unless he or she receives at least one percent of the total votes cast for that office at the preceding primary((, if a primary was conducted. On the ballot at the general election for an office for which no primary was held, the names of the candidates shall be listed in the order determined under RCW 29A.36.130)).
     (((2) For the office of justice of the supreme court, judge of the court of appeals, judge of the superior court, or state superintendent of public instruction, if a candidate in a contested primary receives a majority of all the votes cast for that office or position, only the name of that candidate may be printed for that position on the ballot at the general election.))

Sec. 5   RCW 29A.52.210 and 2003 c 111 s 1305 are each amended to read as follows:
     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 ((29A.04.310)) 29A.04.311.
     The purpose of this section is to establish the holding of a primary((, subject to the exemptions in RCW 29A.52.220,)) 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. 6   RCW 36.69.090 and 1996 c 324 s 2 are each amended to read as follows:
     A park and recreation district shall be governed by a board of five commissioners. Except for the initial commissioners, all commissioners shall be elected to staggered four-year terms of office and shall serve until their successors are elected and qualified and assume office in accordance with RCW ((29.04.170)) 29A.20.040. Candidates shall run for specific commissioner positions.
     Elections for park and recreation district commissioners shall be held biennially in conjunction with the general election in each odd-numbered year. Elections shall be held in accordance with the provisions of Title 29A RCW dealing with general elections((, except that there shall be no primary to nominate candidates. All persons filing and qualifying shall appear on the general election ballot and the person receiving the largest number of votes for each position shall be elected)).

Sec. 7   RCW 42.12.070 and 2011 c 349 s 28 are each amended to read as follows:
     A vacancy on an elected nonpartisan governing body of a special purpose district where property ownership is not a qualification to vote, a town, or a city other than a first-class city or a charter code city, shall be filled as follows unless the provisions of law relating to the special district, town, or city provide otherwise:
     (1) Where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position.
     (2) Where two or more positions are vacant and two or more members of the governing body remain in office, the remaining members of the governing body shall appoint a qualified person to fill one of the vacant positions, the remaining members of the governing body and the newly appointed person shall appoint another qualified person to fill another vacant position, and so on until each of the vacant positions is filled with each of the new appointees participating in each appointment that is made after his or her appointment.
     (3) If less than two members of a governing body remain in office, the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person or persons to the governing body until the governing body has two members.
     (4) If a governing body fails to appoint a qualified person to fill a vacancy within ninety days of the occurrence of the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person to fill the vacancy.
     (5) If the county legislative authority of the county fails to appoint a qualified person within one hundred eighty days of the occurrence of the vacancy, the county legislative authority or the remaining members of the governing body of the city, town, or special district may petition the governor to appoint a qualified person to fill the vacancy. The governor may appoint a qualified person to fill the vacancy after being petitioned if at the time the governor fills the vacancy the county legislative authority has not appointed a qualified person to fill the vacancy.
     (6) As provided in chapter 29A.24 RCW, each person who is appointed shall serve until a qualified person is elected at the next election at which a member of the governing body normally would be elected. If needed, special filing periods shall be authorized as provided in chapter 29A.24 RCW for qualified persons to file for the vacant office. A primary shall be held to qualify candidates if sufficient time exists to hold a primary ((and more than two candidates file for the vacant office)). Otherwise, a primary shall not be held and the person receiving the greatest number of votes shall be elected. The person elected shall take office immediately and serve the remainder of the unexpired term.
     If an election for the position that became vacant would otherwise have been held at this general election date, only one election to fill the position shall be held and the person elected to fill the succeeding term for that position shall take office immediately when qualified as defined in RCW 29A.04.133 and shall service both the remainder of the unexpired term and the succeeding term.

Sec. 8   RCW 68.52.140 and 1996 c 324 s 3 are each amended to read as follows:
     The county legislative authority shall have full authority to hear and determine the petition, and if it finds that the formation of the district will be conducive to the public welfare and convenience, it shall by resolution so declare, otherwise it shall deny the petition. If the county legislative authority finds in favor of the formation of the district, it shall designate the name and number of the district, fix the boundaries thereof, and cause an election to be held therein for the purpose of determining whether or not the district shall be organized under the provisions of this chapter, and for the purpose of electing its first cemetery district commissioners. At the same election three cemetery district commissioners shall be elected, but the election of the commissioners shall be null and void if the district is not created. ((No primary shall be held for the office of cemetery district commissioner.)) A special filing period shall be opened as provided in RCW ((29.15.170)) 29A.24.171 and ((29.15.180)) 29A.24.181. Candidates shall run for specific commissioner positions. The person receiving the greatest number of votes for each commissioner position shall be elected to that commissioner position. The terms of office of the initial commissioners shall be as provided in RCW 68.52.220.

Sec. 9   RCW 68.52.155 and 1996 c 324 s 4 are each amended to read as follows:
     Cemetery district elections shall conform with general election laws((, except that there shall be no primary to nominate candidates. All persons filing and qualifying shall appear on the general election ballot and the person receiving the largest number of votes for each position shall be elected)).
     A vacancy on a board of cemetery district commissioners shall occur and shall be filled as provided in chapter 42.12 RCW.

NEW SECTION.  Sec. 10   The following acts or parts of acts are each repealed:
     (1) RCW 29A.36.171 (Nonpartisan candidates qualified for general election) and 2004 c 271 s 170;
     (2) RCW 29A.52.010 (Elections to fill unexpired term -- No primary, when) and 2005 c 2 s 13 & 2003 c 111 s 1301;
     (3) RCW 29A.52.011 (Elections to fill unexpired term--No primary, when) and 2006 c 344 s 14 & 2004 c 271 s 172; and
     (4) RCW 29A.52.220 (When no local primary permitted -- Procedure--Expiration of subsection) and 2005 c 153 s 10 & 2003 c 111 s 1306.

NEW SECTION.  Sec. 11   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

2SHB 1195  - S COMM AMD
     By Committee on Governmental Operations

OUT OF ORDER 04/28/2013

     On page 1, line 1 of the title, after "ballot;" strike the remainder of the title and insert "amending RCW 29A.24.171, 29A.36.101, 29A.36.131, 29A.52.210, 36.69.090, 42.12.070, 68.52.140, and 68.52.155; reenacting and amending RCW 29A.36.170; repealing RCW 29A.36.171, 29A.52.010, 29A.52.011, and 29A.52.220; and declaring an emergency."

EFFECT:  Requires a primary election to be held in all local races, regardless of how many candidates file for the position. Corrects cross-references to situations where no primary was previously required.

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