AN ACT Relating to vacancies in elective office; amending RCW 36.32.070 and 42.12.040; adding new sections to chapter 42.12 RCW; and providing an effective date.

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

Sec. 1. Section 36.32.070, chapter 4, Laws of 1963 and RCW 36.32.070 are each amended to read as follows:

Whenever there is a vacancy in the board of county commissioners, it shall be filled as follows:

(1) If there are three vacancies, the governor of the state shall appoint two of the officers. The two commissioners thus appointed shall then meet and select the third commissioner. ((~~If the two appointed commissioners fail to agree upon selection of the third after the expiration of five days from the day they were appointed, the governor shall appoint the remaining commissioner~~)) The vacancies shall be filled in accordance with Article II, section 15 of the state Constitution.

(2) Whenever there are two vacancies in the office of county commissioner, the governor shall appoint one commissioner, and the two commissioners then in office shall appoint the third commissioner. ((~~If they fail to agree upon a selection after the expiration of five days from the day of the governor's appointment, the governor shall appoint the third commissioner~~)) The vacancies shall be filled in accordance with Article II, section 15 of the state Constitution.

(3) Whenever there is one vacancy in the office of county commissioner, the two remaining commissioners shall fill the vacancy in accordance with Article II, section 15 of the state Constitution. ((~~If the two commissioners fail to agree upon a selection after the expiration of five days from the day the vacancy occurred, the governor shall appoint the third commissioner.~~))

Sec. 2. Section 1, chapter 180, Laws of 1981 and RCW 42.12.040 are each amended to read as follows:

(1) If a vacancy occurs in any partisan elective office in the executive or legislative branches of state government or in any partisan county elective office before the fourth Tuesday prior to the primary for the next even-year general election following the occurrence of the vacancy, a successor shall be elected to that office at that general election. ((Except during the last year of the term of office, if such a vacancy occurs on or after the fourth Tuesday prior to the primary for that general election, the election of the successor shall occur at the next succeeding general election.)) The elected successor shall hold office for the remainder of the unexpired term.

(2) If such a vacancy occurs after the date specified in subsection (1) of this section, an appointee shall hold office for the remainder of the unexpired term.

(3) This section shall not apply to any vacancy occurring in a charter county which has charter provisions inconsistent with this section.

NEW SECTION. Sec. 3. A new section is added to chapter 42.12 RCW to read as follows:

The county legislative authority session or joint session at which a vacancy in the state legislature is filled in accordance with Article II, section 15 of the state Constitution shall be conducted at a location within the state legislative district.

NEW SECTION. Sec. 4. A new section is added to chapter 42.12 RCW to read as follows:

Vacancies that occur in any partisan county elective office shall be filled in accordance with Article II, section 15 of the state Constitution. Such vacancies shall be filled by majority vote of the members of the county legislative authority.

NEW SECTION. Sec. 5. A new section is added to chapter 42.12 RCW to read as follows:

(1) Vacancies that occur in the state legislature shall be filled in accordance with Article II, section 15 of the state Constitution. Except as provided in subsection (2) of this section, such vacancies shall be filled by majority vote of the members of the county legislative authority.

(2) Vacancies that occur in the office of senator or representative of a state legislative district comprising territory within more than one county shall be filled by appointment by the collective action of the legislative authorities of the counties within the district, voting in joint session. The cumulative voting weight of each county's legislative authority shall amount to the percentage, rounded to the nearest whole number, of its proportion of the total number of votes cast for the vacated position in the preceding election. The individual voting weight of the members of each county's legislative authority shall be calculated by dividing the number of its participating members into the county's cumulative voting weight. The vacancy shall be filled if one person receives the number of votes equal to a majority percentage of the voting populace as represented by the members of the county legislative authorities.

NEW SECTION. Sec. 6. Sections 1, 2, 4, and 5 of this act shall take effect December 2, 1988, if the proposed amendment to Article II, section 15 of the state Constitution, Senate Joint Resolution No. ... , modifying methods for filling vacancies in the legislature or county elective office, is validly submitted to and is approved and ratified by the voters at a general election held in November 1988. If the proposed amendment is not so approved and ratified, sections 1, 2, 4, and 5 of this act shall be null and void in their entirety.