H-2044.1

HOUSE BILL 1910

ByRepresentatives Gregerson, Pollet, Simmons, Fitzgibbon, Peterson, Goodman, and Valdez

AN ACT Relating to conservation district elections; amending RCW 89.08.190, 89.08.110, 89.08.120, 89.08.130, 89.08.140, 89.08.160, 89.08.200, 89.08.350, and 42.17A.010; creating a new section; repealing 2002 c 43 s 1 (uncodified); and providing an effective date.

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

Sec. 1. RCW 89.08.190 and 2002 c 43 s 3 are each amended to read as follows:

((Within thirty days after the issuance of the certificate of organization, unless the time is extended by the commission, petitions shall be filed with the commission to nominate candidates for the three elected supervisors. The petition shall be signed by not less than twenty-five district electors, and a district elector may sign petitions nominating more than one person.))

(2)(a) In the case of a new district, the commission shall give due notice to elect the ((three))five supervisors at the next statewide general election under RCW 29A.04.321. All provisions pertaining to elections ((on the creation of a district))under Title 29A RCW shall govern this election ((so far as applicable)), except as otherwise provided in this section.

(c) The names of all ((nominees))candidates shall appear on the ballot in alphabetical order, together with instructions to vote for ((three))five. The ((three))five candidates receiving the most votes shall be declared elected supervisors((,)). If the election occurs in an even-numbered year, the ((one))two candidates receiving the most ((being))votes are elected for a ((three))four-year term, and the next ((for two and the last))three for ((one year))a two-year term. If the election occurs in an odd-numbered year, the two candidates receiving the most votes are elected for a three-year term, and the next three for a one-year term.

(d) An alternate method of dividing the district into ((three))five zones with populations as nearly equal as practicable may be used when ((requested by the board of supervisors and)) approved by the commission. In such case, instructions will be to vote for one in each zone. The candidate receiving the most votes in a zone shall be declared elected.

((Each year after the creation of the first board of supervisors))(3) Subsequent elections for supervisors shall be held under the provisions of Title 29A RCW. Candidates file for office, a primary is held, and the general election is conducted, all in conformity with that title. The term of office for each supervisor shall be four years.

(b) If the board receives a waiver, the board shall by resolution and by giving due notice, set a date ((during the first quarter of each))in each even-numbered calendar year at which time it shall conduct an election((, except that for elections in 2002 only, the board shall set the date during the second quarter of the calendar year at which time it shall conduct an election))for new supervisors. Names of candidates nominated by petition signed by not less than 25 qualified district electors shall appear in alphabetical order on the ballots, together with an extra line wherein may be written in the name of any other candidate. The commission shall establish procedures for elections, canvass the returns and announce the official results thereof. Election results may be announced by polling officials at the close of the election subject to official canvass of ballots by the commission. ((Supervisors))

(5) All supervisors elected shall take office at the first board meeting following the election.

Sec. 2. RCW 89.08.110 and 1999 c 305 s 3 are each amended to read as follows:

If the commission finds that the district is needed, it shall then determine whether it is practicable. To assist the commission in determining this question, it shall, within a reasonable time, request a special election, consistent with RCW 29A.04.330, to submit the proposition to a vote of the district electors in the proposed district.

((The commission shall fix the date of the election, designate the polling places, fix the hours for opening and closing the polls, and appoint the election officials. The election shall be conducted, the vote counted and returns canvassed and the results published by the commission.))The election shall be conducted under the procedures in Title 29A RCW.

Sec. 3. RCW 89.08.120 and 1973 1st ex.s. c 184 s 13 are each amended to read as follows:

The ((commission shall provide the)) ballots for the election ((which)) shall contain the words

"□ For creation of a conservation district of the lands below described and lying in the county or counties of . . . . . ., . . . . . . and . . . . . .," and

"□ Against creation of a conservation district of the lands below described and lying in the county or counties of . . . . . ., . . . . . . and . . . . . ."

The ballot shall set forth the boundaries of the proposed district((, and contain a direction to insert an X in the square of the voter's choice)).

Sec. 4. RCW 89.08.130 and 1999 c 305 s 4 are each amended to read as follows:

The commission shall give due notice of the election, which shall state generally the purpose of the election((,))and the date thereof, ((the place and hours of voting,)) and set forth the boundaries of the proposed district.

Only qualified district electors within the proposed district ((as determined by the commission)) may vote at the election. ((Each voter shall vote in the polling place nearest the voter's residence.))For purposes of this chapter, a qualified district elector is a natural person who is a registered voter under general state election laws and who resides in the district or proposed district.

Sec. 5. RCW 89.08.140 and 1973 1st ex.s. c 184 s 15 are each amended to read as follows:

The commission shall bear all expense of giving the notices and conducting the hearings ((and election)), and shall issue regulations governing all hearings ((and elections)) and supervise the conduct thereof. ((It shall provide for registration of eligible voters or prescribe the procedure to determine the eligible voters. No informality in connection with the election shall invalidate the results, if the notice thereof was substantially given, and the election fairly conducted.))The costs associated with holding elections are governed by RCW 29A.04.410.

Sec. 6. RCW 89.08.160 and 1973 1st ex.s. c 184 s 17 are each amended to read as follows:

If the commission finds the project practicable, it shall ((appoint two supervisors, one of whom shall be a landowner or operator of a farm, who shall be qualified by training and experience to perform the specialized skilled services required of them. They, with the three elected supervisors, two of whom shall be landowners or operators of a farm, shall constitute the governing board of the district.

The two appointed supervisors shall)) file with the secretary of state a sworn application, reciting that a petition was filed with the commission for the creation of the district((; that all required proceedings were had thereon; that they were appointed by the commission as such supervisors; and that the application is being filed to complete the organization of the district. It shall contain the names and residences of the applicants, a certified copy of their appointments, the name of the district, the location of the office of the supervisors and the term of office of each applicant.

The application shall be accompanied by a statement of the commission, reciting that a petition was filed)), notice issued, and a hearing was held thereon as required; that it determined the need for the district and defined the boundaries thereof; that notice was given and an election was held on the question of creating the district; that a majority vote favored the district, and that the commission had determined the district practicable; and the commission shall set forth the boundaries of the district.

Sec. 7. RCW 89.08.200 and 2013 c 23 s 550 are each amended to read as follows:

((The term of office of each supervisor shall be three years and until his or her successor is appointed or elected and qualified, except that the supervisors first appointed shall serve for one and two years respectively from the date of their appointments, as designated in their appointments.

Vacancies in the office of appointed supervisors shall be filled by the state conservation commission.)) Vacancies in the office of elected supervisors shall be filled by appointment made by the remaining supervisors for the unexpired term.

A majority of the supervisors shall constitute a quorum and the concurrence of a majority is required for any official action or determination.

Supervisors shall serve without compensation, but they shall be entitled to expenses, including traveling expenses, necessarily incurred in discharge of their duties. A supervisor may be removed by the state conservation commission upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason.

The governing board shall designate a chair from time to time.

Sec. 8. RCW 89.08.350 and 1999 c 305 s 9 are each amended to read as follows:

At any time after five years from the organization of a district, twenty percent of the voters in the district may file with the commission a petition, praying that the district be dissolved. The commission may hold public hearings thereon, and within sixty days from receipt of the petition, shall give due notice of an election on the question of dissolution. ((It shall provide appropriate ballots, conduct the election, canvass the returns, and declare the results in the same manner as for elections to create a district.

All district electors may vote at the election. No informality relating to the election shall invalidate it if notice is substantially given and the election is fairly conducted.))The question shall be submitted to voters as a ballot measure at a general or special election under the procedures provided in Title 29A RCW.

(1) If the supervisor's term is scheduled to end in an even-numbered year, the supervisor shall serve through the end of that year. An election for the successor shall be held at the general election in the November prior to the end of the term; or

(2) If the supervisor's term is scheduled to end in an odd-numbered year, the supervisor shall serve until a successor is elected in the next general election following the scheduled end of the term and is qualified and assumes office in accordance with RCW 29A.60.280.

Sec. 10. RCW 42.17A.010 and 2002 c 43 s 4 are each amended to read as follows:

Elections of conservation district supervisors held pursuant to chapter 89.08 RCW in districts that have received a waiver from conducting elections under Title 29A RCW pursuant to RCW 89.08.190(4) shall not be considered general or special elections for purposes of the campaign disclosure and personal financial affairs reporting requirements of this chapter. Elected conservation district supervisors in those districts are not considered elected officials for purposes of the annual personal financial affairs reporting requirement of this chapter.

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