WASHINGTON STATE REGISTER

WSR 99-17-017

ATTORNEY GENERAL OPINION

Cite as: AGO 1999 No. 5
[ June 21, 1999 ]

ELECTIONS - CANDIDATES - VACANCY - OFFICES AND OFFICERS - Authority of election officials to count votes cast for candidates who were qualified for office at time of filing but subsequently died or became disqualified.

1. If a candidate for partisan office dies prior to either the primary or general election, and the candidate's party does not substitute another candidate, the deceased candidate's name should remain on the election ballot.

2. If a candidate for judicial or other nonpartisan office dies before the primary or general election, the candidate's name should remain on the ballot; if the deceased candidate gains the most votes, the result is a vacancy in the office, to be filled as provided by law for the office in question.

3. If the name of a deceased candidate appears on the ballot, votes cast for the deceased candidate should be counted; if the deceased candidate gains the most votes, the result is a vacancy in the office; the person with the second highest vote total is not entitled to a certificate of election.

The Honorable Ralph Munro

Secretary of State

P.O. Box 40220

Olympia, WA 98504-0220

1.	If a candidate for partisan office dies prior to either the primary or general election, and the candidate's party does not substitute another candidate, the deceased candidate's name should remain on the election ballot.
2.	If a candidate for judicial or other nonpartisan office dies before the primary or general election, the candidate's name should remain on the ballot; if the deceased candidate gains the most votes, the result is a vacancy in the office, to be filled as provided by law for the office in question.
3.	If the name of a deceased candidate appears on the ballot, votes cast for the deceased candidate should be counted; if the deceased candidate gains the most votes, the result is a vacancy in the office; the person with the second highest vote total is not entitled to a certificate of election.