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AGO Opinions with Topic: ELECTIONS
AGO 2006 No. 1 >  January 12, 2006
MUNICIPAL CORPORATIONS - DISTRICTS - ELECTIONS
Authority of governing boards of special purpose districts to pass resolutions endorsing or opposing ballot propositions The governing bodies of special purpose districts lack authority to adopt motions or resolutions supporting or opposing ballot propositions. The Legislature has not granted such districts the authority to support or oppose ballot measures and, absent such authority, doing so would not constitute “normal and regular conduct.”
AGO 1970 No. 18 >  July 20, 1970
CONSTITUTIONAL AMENDMENTS - ELECTIONS - VOTING QUALIFICATIONS
CONSTITUTIONAL AMENDMENTS - ELECTIONS - VOTING QUALIFICATIONS The recent enactment by Congress of an amendment to the Federal Voting Rights Act of 1965 which is designed to establish a nation-wide minimum voting age of 18 years for all primary or general elections held after January 1, 1970, affords no basis in law for removing the proposed state constitutional amendment which is contained in H.J.R. No. 6 from the forthcoming November, 1970 state general election ballot.
AGO 1970 No. 19 >  August 10, 1970
OFFICES AND OFFICERS - COUNTY - CORONERS - ELECTIONS
ELIGIBILITY FOR OFFICE WHERE OWNER OR EMPLOYEE OF FUNERAL HOME OR MORTUARY (1) The provisions of chapter 259, Laws of 1969, Ex. Sess.(RCW 36.24.175) do not operate so as presently to divest incumbent county coroners of their offices if they are owners or employees of a funeral home or mortuary.(2) Those county coroners presently holding office who are subject to the provisions of § 3, chapter 259, Laws of 1969, Ex. Sess. (RCW 36.24.175) will not be eligible to commence new terms of office in January, 1971, if they are owners or employees of a funeral home or mortuary at that time.(3) An owner or employee of a funeral home or mortuary, including an incumbent coroner, is eligible to file and run at the forthcoming 1970 election for the office of coroner in one of the counties affected by § 3, chapter 259, Laws of 1969, Ex. Sess.
AGO 1971 No. 7 >  February 8, 1971
ELECTIONS - CITIZENSHIP - CRIMES
RESTORATION OF CIVIL RIGHTS BY GOVERNOR (1) A person who has been convicted of a felony under federal law, or under the law of another state, unless restored to his civil rights, should be regarded as disqualified from voting in the state of Washington under Article VI, § 3 of the state Constitution, unless the felony of which the person was convicted has a counterpart which is not a felony under the criminal laws of this state.(2) To the extent that a person who has been convicted of a crime under federal law or under the law of another state is disqualified from voting in the state of Washington, the governor of this state has the authority to restore such person's civil rights so as to enable him to vote in this state.
AGO 1971 No. 10 >  March 2, 1971
ELECTIONS - RESIDENCE - SCHOOLS - VOTING ELIGIBILITY OF CERTAIN STUDENTS
ELECTIONS ‑- RESIDENCE ‑- SCHOOLS ‑- VOTING ELIGIBILITY OF CERTAIN STUDENTS (1) Article VI, § 4 of the Washington Constitution does not prevent a student in school from establishing a voting residence where he is living while attending school if he has an actual intent to establish that place as his home either permanently or indefinitely for an appreciable period of time.(2) The existing law regarding the voting residence of students would not be materially changed by the enactment of a statute providing that students attending any institution of learning may be registered to vote where they reside in the vicinity of such institution if they declare that they have no present intention to move to any other voting area.
AGO 1971 No. 18 >  June 28, 1971
ELECTIONS - VOTER REGISTRATION RECORDS - APPORTIONMENT OF MAINTENANCE EXPENSES
ELECTIONS ‑- VOTER REGISTRATION RECORDS ‑- APPORTIONMENT OF MAINTENANCE EXPENSES (1) Section 4, chapter 202, Laws of 1971, Ex. Sess., requires each incorporated city or town located in a particular county to pay a proportionate share of the county's expenses of maintenance of voter registration records.(2) Maintenance expenses of such voter registration records may include equipment (such as filing cabinets, etc.) as well as clerical expenses and the costs of supplies.
AGO 1980 No. 16 >  July 8, 1980
OFFICES AND OFFICERS - STATE - JUDGES OF THE SUPERIOR COURT - ELECTIONS
PROCEDURE TO FILL NEW JUDGESHIPS The new superior court judgeships created by chapter 202, Laws of 1979, 1st Ex. Sess. in Pierce, Kitsap and Cowlitz Counties, which are to take effect on January 1, 1981, are not to be filled initially by gubernatorial appointment but, instead, are constitutionally required to be filled by the election process both (a) for the short term from January 1 through 12, 1981 and (b) for the regular four-year term commencing on January 12, 1981.
AGO 1990 No. 6 >  June 12, 1990
COUNTY COMMISSIONERS - COUNTIES - OFFICES AND OFFICERS - DISTRICTS - ELECTIONS
COUNTY COMMISSIONERS ‑- COUNTIES ‑- OFFICES AND OFFICERS ‑- DISTRICTS ‑- ELECTIONS 1.  In Board of Estimate v. Morris the United States Supreme Court struck down a voting system in which borough presidents, who were voting members of the Board of Estimates, were elected by the voters of each borough and the boroughs varied greatly in population.  2. In San Juan County commissioners reside in commissioner districts that vary in population, however, the primary and general elections are conducted among voters of the county at large, not merely among the voters of the commissioner district.  The United States Supreme Court has approved such at large voting systems, even where the candidates were required to reside in districts that varied in population.  Board of Estimate v. Morris does not cast doubt on the validity of these decision. 3.  The United States Supreme Court has struck down at large voting systems on grounds that they impermissible diluted the electoral strength of racial or other political minorities in the at large district.  This is a factual question.  At present we are unaware of any facts tending to show this to be the case in San Juan County.
AGO 1990 No. 14 >  November 2, 1990
CITIES AND TOWNS - ELECTIONS - COSTS - LIABILITY OF NEWLY INCORPORATED CITIES AND TOWNS FOR COST OF ELECTIONS PRIOR TO THE EFFECTIVE DATE OF INCORPORATION
CITIES AND TOWNS ‑- ELECTIONS ‑- COSTS ‑- LIABILITY OF NEWLY INCORPORATED CITIES AND TOWNS FOR COST OF ELECTIONS PRIOR TO THE EFFECTIVE DATE OF INCORPORATION RCW 35.02.078 provides for an election on the question of incorporation of a city or town. If incorporation is authorized, a separate election is held prior to the effective date of incorporation to elect persons to the offices prescribed by law. The newly incorporated city or town is not liable for the costs of electing city officials after the election on the question of incorporation but prior to the effective date of incorporation.
AGO 1991 No. 3 >  February 1, 1991
CITIES AND TOWNS - CHARTERS - ELECTIONS - FREEHOLDERS
CITIES AND TOWNS ‑- CHARTERS ‑- ELECTIONS ‑- FREEHOLDERS 1.  A first class city may, by ordinance, require candidates for the office of freeholder to be nominated in a primary election. 2.  A first class city may, by ordinance, require candidates for the office of freeholder to run for specific freeholder positions, as opposed to all candidates running against one another.   3.  A first class city may, by ordinance, require candidates for the office of freeholder to reside in specific areas or districts of the city .   However, the election itself must be city wide.  The office of freeholder is a city wide office and a first class city cannot, by ordinance, authorize freeholders to be elected by the voters of a district of the city. 
AGO 1972 No. 7 >  February 10, 1972
ELECTIONS - POLITICAL ADVERTISING - HIGHWAYS - EMPLOYMENT - POLITICAL ACTIVITIES BY STATE OR LOCAL GOVERNMENTAL EMPLOYEES
ELECTIONS ‑- POLITICAL ADVERTISING ‑- HIGHWAYS ‑- EMPLOYMENT ‑- POLITICAL ACTIVITIES BY STATE OR LOCAL GOVERNMENTAL EMPLOYEES The contents of political advertising as regulated by statute; the placement of campaign signs to be used in partisan political races; and participation by state or local governmental employees in both partisan and nonpartisan political campaigns, including the holding of political party offices.
AGO 1982 No. 7 >  June 10, 1982
DISTRICT - PORT - ELECTIONS
ELECTION OF ADDITIONAL PORT COMMISSIONERS UNDER CHAPTER 219, LAWS OF 1982 (1) The "next general election," for the purposes of RCW 53.12.120 as amended by § 1, chapter 219, Laws of 1982 (relating to the means of increasing the number of commissioners in certain port districts), will be the November, 1983 port district general election as provided for in RCW 29.13.020. (2) In connection with the election of additional port commissioners under RCW 53.12.120, supra, as amended, and RCW 53.12.130, a primary election will be in order, in accordance with RCW 53.12.055, in the event that more candidates should file for either of the two, proposed, additional positions.
AGO 1982 No. 10 >  July 20, 1982
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - COMMISSIONERS - SALARIES - ELECTIONS
ESTABLISHMENT OF FULL-TIME PROSECUTOR'S OFFICE IN FIFTH THROUGH NINTH CLASS COUNTY The board of county commissioners of a fifth through ninth class county may not, simply by making a public announcement to that effect prior to the period for candidates' filings, cause the office of county prosecuting attorney to become a full-time office so as to prohibit the candidate then duly elected to that office from thereafter engaging in the private practice of law.
AGO 1982 No. 11 >  August 13, 1982
DISTRICTS - PORT - ELECTIONS
ELECTION OF ADDITIONAL PORT COMMISSIONERS UNDER CHAPTER 219, LAWS OF 1982(1) Although additional port commissioners may be elected under RCW 53.12.120 as amended by § 1, chapter 219, Laws of 1982 at a special election conducted in November of 1982 (rather than waiting for the next port district general election in November of 1983), the terms of those additional commissioners, if they are so elected, will, nevertheless, not commence until January 1, 1984 since that is ". . . the date provided by law for port commissioners to next commence their terms of office"; in turn, their successors will then be elected in November of 1987 and 1989, respectively, at the same time as other port commissioners, generally, are elected.
AGO 1983 No. 11 >  June 7, 1983
OFFICES AND OFFICERS - SECRETARY OF STATE - ELECTIONS - RECORDS
POLITICAL PARTIES' COSTS OF STATE‑WIDE COMPUTER TAPE OF REGISTERED VOTERS In providing the state central committee of each major political party with a duplicate copy of the master state‑wide computer tape or data file of registered voters ". . . at actual duplication costs, . . ." as required by RCW 29.04.160, the Secretary of State may not include in the charge the amounts his office was required to pay each county, in accordance with RCW 29.04.150, for a duplicate computer tape or data file of its records of registered voters in that county.
AGO 1973 No. 12 >  May 17, 1973
ELECTIONS - INITIATIVE AND REFERENDUM - POLITICAL ADVERTISING - ELECTORAL CAMPAIGN FINANCING
ELECTIONS ‑- INITIATIVE AND REFERENDUM ‑- POLITICAL ADVERTISING ‑- ELECTORAL CAMPAIGN FINANCING RCW 29.18.140, which previously required the filing of certain reports of campaign contributions and expenditures made or incurred in connection with a campaign for nomination at a partisan election, has been repealed by § 50 of Initiative No. 276 (chapter 1, Laws of 1973); however, the provisions of RCW 29.85.270 which require all political advertising to be identified as to its sponsorship and the political party of the candidate (if any) remains in effect notwithstanding its apparent repeal by § 20 of Referendum Bill No. 25 because that referendum bill was totally repealed by § 50 of Initiative No. 276 before § 20 thereof had become effective.
AGO 1973 No. 13 >  May 30, 1973
ELECTIONS - INITIATIVE AND REFERENDUM - MEANING OF GENERAL ELECTION - AUTHORITY OF LEGISLATURE
ELECTIONS ‑- INITIATIVE AND REFERENDUM ‑- MEANING OF GENERAL ELECTION ‑- AUTHORITY OF LEGISLATURE In the event that a sufficient number of petition signatures are obtained by June 6, 1973, to qualify Referendum Measure No. 36 for submission to the voters, this measure will be voted upon at the November 6, 1973, state general election provided for in chapter 4, Laws of 1973.
AGO 1973 No. 14 >  June 8, 1973
INITIATIVE NO. 276 - ELECTIONS - REGULATION OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
INITIATIVE NO. 276 ‑- ELECTIONS ‑- REGULATION OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES Elections to which Initiative No. 276 is applicable; meaning of terms; restrictions upon anonymous contributions; reporting requirements for candidates and political committees; reporting requirements for commercial advertisers; procedures for obtaining relief from reporting requirements; use of public facilities in electoral campaigns.
AGO 2002 No. 7 >  November 25, 2002
PUBLIC UTILITY DISTRICTS - ELECTIONS - DISTRICTS - COUNTY AUDITOR
PUBLIC UTILITY DISTRICTS – ELECTIONS – DISTRICTS –COUNTY AUDITOR 1.  When the commissioners of public utility districts draw new commissioner districts after a decessional census, they must include in their plan all the territory within any city which did not, at the time the public utility district was organized, own or operate all of the utilities which a public utility district is authorized to furnish; it is immaterial whether such a city of such description was later incorporated.  2.  If the commissioner district boundaries submitted by a the board of a public utility district do not include all the territory of the public utility district in the districting plan, the public utility district board of commissioners has the authority, and the duty, to submit a new plan correcting this infirmity.
AGO 1973 No. 26 >  December 26, 1973
INITIATIVE NO. 276 - SCHOOL DISTRICTS - USE OF SCHOOL FACILITIES FOR PRESENTATION OF PROGRAMS - LEGISLATURE - ELECTIONS
INITIATIVE NO. 276 ‑- SCHOOL DISTRICTS ‑- USE OF SCHOOL FACILITIES FOR PRESENTATION OF PROGRAMS ‑- LEGISLATURE ‑- ELECTIONS It is not a violation of § 13 of Initiative No. 276 (RCW 42.17.130 for the board of directors of a school district to allow the facilities of that district to be used by others on a nondiscriminatory basis for the conduct of meetings at which members of the legislature, or others, appear and speak either in favor of, or in opposition to pending ballot proposals or candidates for election to public office.
AGO 1961 No. 60 >  August 31, 1961
OFFICES AND OFFICERS - COUNTY - BOARD OF COUNTY COMMISSIONERS - PLANNING ENABLING ACT - ZONING RESOLUTIONS - ELECTIONS
OFFICES AND OFFICERS ‑- COUNTY ‑- BOARD OF COUNTY COMMISSIONERS ‑- PLANNING ENABLING ACT ‑- ZONING RESOLUTIONS ‑- ELECTIONS There is no provision under the planning enabling act (chapter 36.70 RCW) for holding an election on the acceptance or rejection of a zoning resolution and land use map.
AGO 1961 No. 85 >  December 20, 1961
ELECTIONS - POLITICAL PARTIES - ENDORSEMENT OF CANDIDATES IN PRIMARY ELECTION
ELECTIONS ‑- POLITICAL PARTIES ‑- ENDORSEMENT OF CANDIDATES IN PRIMARY ELECTION There is no state law which prohibits a political party in this state from endorsing a candidate in the primary election since such "endorsement" of a political party cannot exclude others from filing for the same office at the primary as a candidate of the same political party.
AGO 1974 No. 12 >  June 28, 1974
OFFICES AND OFFICERS - STATE - SECRETARY OF STATE - ELECTIONS - FILING FEES - ENFORCEMENT OF CANDIDATES' FILING FEES AGAINST INDIGENTS
OFFICES AND OFFICERS ‑- STATE ‑- SECRETARY OF STATE ‑- ELECTIONS ‑- FILING FEES ‑- ENFORCEMENT OF CANDIDATES' FILING FEES AGAINST INDIGENTS (1) In view of a recent ruling by the United States Supreme Court with respect to the constitutionality of filing fees in the case of indigent persons seeking to become candidates for public office, the requirements of RCW 29.18.050 are no longer constitutionally enforceable with respect to candidates for office in the state of Washington who wish to file for public office but who are unable to pay the filing fees prescribed by that statute. (2) The secretary of state has the authority under RCW 29.24.080 to adopt a rule or regulation requiring any candidate claiming to be unable to pay the fee required by RCW 29.18.050 for the particular office he is seeking to execute and file with his declaration of candidacy a supplemental affidavit attesting to that fact.
AGO 1974 No. 16 >  July 29, 1974
ELECTIONS - INITIATIVE NO. 276 - FILING FEES AS REPORTABLE EXPENDITURES UNDER INITIATIVE NO. 276
ELECTIONS ‑- INITIATIVE NO. 276 ‑- FILING FEES AS REPORTABLE EXPENDITURES UNDER INITIATIVE NO. 276 A candidate for elective office who is required to pay a filing fee under RCW 29.18.050 must treat that fee as an expenditure under the campaign expenditure reporting requirements of Initiative No. 276.
AGO 1975 No. 4 >  March 18, 1975
OFFICES AND OFFICERS - STATE - GOVERNOR - LIEUTENANT GOVERNOR - ELECTIONS - CONSTITUTIONALITY OF BILL TO REQUIRE GOVERNOR AND LIEUTENANT GOVERNOR TO BE ELECTED JOINTLY
OFFICES AND OFFICERS ‑- STATE ‑- GOVERNOR ‑- LIEUTENANT GOVERNOR ‑- ELECTIONS ‑- CONSTITUTIONALITY OF BILL TO REQUIRE GOVERNOR AND LIEUTENANT GOVERNOR TO BE ELECTED JOINTLY The legislature may not by statute (as opposed to a constitutional amendment) require that any candidate filing for the office of governor must file and run jointly with a candidate for the office of lieutenant governor from the same political party, with the names of both candidates to be grouped together on the ballot and a vote for one to constitute a vote for both; and this would be so even if the legislature were to abolish the office of lieutenant governor as a constitutional office and reconstitute it as an office created by statute.
AGO 1975 No. 5 >  March 26, 1975
ELECTIONS - CITIZENSHIP - MARRIAGE - WOMEN - LEGAL RESIDENCE OF MARRIED WOMEN
ELECTIONS ‑- CITIZENSHIP ‑- MARRIAGE ‑- WOMEN ‑- LEGAL RESIDENCE OF MARRIED WOMEN Insofar as legal residence for voting purposes is concerned, and for all other purposes, the common-law rule that the domicile of a married woman is the same as that of her husband unless they are separated has been abrogated by the adoption of Article XXXI, § 1 (Amendment 61) of the Washington constitution, commonly referred to as the "equal rights" amendment.
AGO 1962 No. 157 >  August 24, 1962
DISTRICTS - IRRIGATION - ELECTIONS - QUALIFICATIONS OF VOTERS - PERSONS HOLDING TITLE OR EVIDENCE OF TITLE - NUMBER AND LOCATION OF POLLING PLACES
DISTRICTS ‑- IRRIGATION ‑- ELECTIONS ‑- QUALIFICATIONS OF VOTERS ‑- PERSONS HOLDING TITLE OR EVIDENCE OF TITLE ‑- NUMBER AND LOCATION OF POLLING PLACES (1) A contract purchaser of land in an irrigation district under an ordinary contract for the sale of real property holds evidence of title to such land and therefore, if otherwise qualified, is entitled to vote in an irrigation district election. (2) A contract vendor of land in an irrigation district holds title to such land, and therefore, if otherwise qualified, is entitled to vote in an irrigation district election until such time as he does, by appropriate delivery of a deed, pass title to the purchaser. (3) The executor or administrator of the estate of a deceased holder of title to land in an irrigation district does not hold title or evidence of title to such land, and therefore is not entitled to vote in an irrigation district election. (4) The heirs or devisees of a deceased holder of title to land in an irrigation district do hold title to such land and therefore, if otherwise qualified, are entitled to vote in an irrigation district election. …
AGO 1975 No. 22 >  October 28, 1975
ELECTIONS - COUNTIES - CITIES AND TOWNS - POLITICAL ACTIVITIES BY MUNICIPAL EMPLOYEES
ELECTIONS ‑- COUNTIES ‑- CITIES AND TOWNS ‑- POLITICAL ACTIVITIES BY MUNICIPAL EMPLOYEES Pursuant to RCW 41.06.250(2) a municipal employee who is covered thereby may, even though governed by a local ordinance, charter provision, resolution or regulation purporting to provide to the contrary:  (1) Express his opinion openly and publicly on all political subjects, or on all candidates for either partisan or nonpartisan elective offices;  (2) Display political signs on his own property advocating the election of a candidate or candidates seeking either a partisan or nonpartisan office;  (3) Assemble or prepare political signs for candidates in support of their candidacies for partisan but not for nonpartisan offices;  (4) Install or affix such political signs for partisan but not for nonpartisan candidates in or on locations other than his own property with the permission of the owner of the property in question;  (5) Distribute campaign material, such as printed leaflets, brochures, etc., prepared by or for partisan but not for nonpartisan candidates, on a door-to-door basis.
AGO 1975 No. 25 >  December 30, 1975
DISTRICTS - WATER - ELECTIONS - DATE UPON WHICH TERM OF NEXT WATER DISTRICT COMMISSIONER BEGINS
DISTRICTS ‑- WATER ‑- ELECTIONS ‑- DATE UPON WHICH TERM OF NEXT WATER DISTRICT COMMISSIONER BEGINS Under RCW 29.13.050, which has impliedly amended the preexisting provisions of RCW 57.12.030, the term of office of a water district commissioner elected on the first Tuesday following the first Monday in November of an odd-numbered year is to begin as of noon on the second Monday in January following his election.
AGO 1984 No. 6 >  February 23, 1984
DISTRICTS - PORTS - TAXATION - ELECTIONS
NECESSITY FOR VOTER APPROVAL OF CERTAIN PORT DISTRICT TAX LEVIES Voter approval only constitutes a condition precedent to continuation of a port district tax levy under RCW 53.36.100, after the sixth year of the levy, in those instances where, in response to publication of the district's notice of intent to continue the levy, a sufficient petition in opposition thereto has been circulated and filed with the county auditor.
AGO 1991 No. 22 >  June 24, 1991
CITIES AND TOWNS - COUNTIES - ELECTIONS - OFFICES AND OFFICERS - CHARTERS - OPTIONAL MUNICIPAL CODE - AUTHORITY TO IMPOSE TERM LIMITATIONS ON ELECTED LOCAL GOVERNMENT OFFICIALS
CITIES AND TOWNS ‑- COUNTIES ‑- ELECTIONS ‑- OFFICES AND OFFICERS ‑- CHARTERS ‑- OPTIONAL MUNICIPAL CODE ‑- AUTHORITY TO IMPOSE TERM LIMITATIONS ON ELECTED LOCAL GOVERNMENT OFFICIALS 1.  Charter cities, charter counties, noncharter first class cities and noncharter code cities have the authority to impose a limit on the number of terms a locally elected official can serve.   2.  Depending upon the provisions of their charter, charter cities and charter counties can adopt a term limitation as a charter provision by ordinance or through the initiative process.  Noncharter first class cities and noncharter code cities can only adopt a term limitation through the passage of an ordinance.
AGO 1963 No. 62 >  October 9, 1963
ELECTIONS - POLITICAL PARTY OFFICERS - PRECINCT COMMITTEEMEN - RESIDENCE REQUIREMENTS - ELECTION OF STATE COMMITTEEMAN
ELECTIONS ‑- POLITICAL PARTY OFFICERS ‑- PRECINCT COMMITTEEMEN ‑- RESIDENCE REQUIREMENTS ‑- ELECTION OF STATE COMMITTEEMAN (1) No person who is not a precinct committeeman or precinct committeewoman (a member of the county central committee) may vote at an election for officers of the county central committee. (2) A person whose permanent residence is in one precinct within a county cannot be appointed as a precinct committeeman for another precinct. (3) It is not necessary that the state committeeman or state committeewoman be members of the county central committee unless the rules and regulations adopted by the political party requires the same.
AGO 1977 No. 15 >  July 11, 1977
OFFICES AND OFFICERS - STATE - LEGISLATOR - COUNTY - ELECTIONS - NECESSITY OF ELECTION TO FILL VACANCY IN PARTISAN COUNTY OR LEGISLATIVE OFFICES
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- COUNTY ‑- ELECTIONS ‑- NECESSITY OF ELECTION TO FILL VACANCY IN PARTISAN COUNTY OR LEGISLATIVE OFFICES (1) If a vacancy occurs in a partisan county or legislative office prior to the state general election which is to be held on November 8, 1977, an election will then be required for the remainder of the unexpired term regardless of whether or not the vacancy is initially filled by appointment.  (2) If such a vacancy occurs on or before the last Friday in July of 1977, filings should be accepted pursuant to RCW 29.18.030 and the election should be conducted accordingly in the usual manner.  (3) If such a vacancy occurs after the last Friday in July of 1977, but on or before the first Friday in August, nominations and filings may be made by the political parties under RCW 29.18.150.  (4) If, however, the vacancy does not occur until after the first Friday in August, 1977, the only method for conducting the election will be on a write‑in basis since RCW 29.21.350-29.21.410 only pertain to elections for nonpartisan offices.
AGO 1991 No. 31 >  October 4, 1991
LIQUOR - LIQUOR CONTROL BOARD - LICENSES - ELECTIONS - ANNEXATION - CITIES AND TOWNS
Effect of annexation of territory in which the sale of liquor is permitted by a city in which sale of liquor is prohibited 1.  RCW 66.04.030 permits a local option election unit to conduct an election in the question of whether the sale of liquor under a class H license should be permitted within the election unit.  The boundaries of the local option election unit are the city or town or unincorporated portion of the county in which the unit is located.  If the voters approve the proposition, it is unlawful to sell spirituous liquor by the drink within the local option election unit.   2.   When a city annexes new territory, the general rule is that the authority of the city extends over the new territory.  However, cities are not granted the power to restrict the sale of liquor.  That power is granted to the voters of a local option election unit.  Annexation does not make the new territory a part of the local option election unit.  The prohibition on liquor sale is limited to the corporate limits of the city as it existed at the time of the local option election.  Thus, when "wet" territory is annexed into a city that contains a "dry" local option election unit, it does not become "dry" by reason of the annexation.
AGO 1977 No. 21 >  November 9, 1977
DISTRICTS - DIKING - ELECTIONS - ELIGIBILITY OF CONTRACT PURCHASERS TO VOTE IN DIKING DISTRICT ELECTIONS
DISTRICTS ‑- DIKING ‑- ELECTIONS ‑- ELIGIBILITY OF CONTRACT PURCHASERS TO VOTE IN DIKING DISTRICT ELECTIONS A person holding a contract for the purchase of land situated within a diking district established pursuant to Chapter 85.05 RCW is thereby to be deemed an owner of land within such district for the purpose of determining his eligibility to vote in a diking district election in accordance with RCW 85.05.050.
AGO 2001 No. 4 >  July 12, 2001
ELECTIONS - CONSERVATION - CONSERVATION DISTRICTS
Effect of changing eligibility to vote in conservation district elections on when and how elections are conducted 1.  By removing property qualification as a condition to voting in conservation elections, in Laws of 1999, ch. 305, the Legislature automatically made conservation districts subject to the general election laws codified in RCW Title 29.  2.  One effect of Laws of 1999, ch. 305, was to transfer responsibility for conducting conservation district supervisor elections from the districts themselves to the county auditors; this change does not constitute a “new program” or “increased level” of service entitling either the district or the county under RCW 43.135.060 to reimbursement from the state for the expenses of conducting such elections.
AGO 2000 No. 6 >  July 28, 2000
ELECTIONS - PUBLIC OFFICERS - CITIES AND TOWNS - CHARTERS - COUNTY AUDITOR
Holding special city election in conjunction with state general election in even-numbered year Where a first-class city has amended its charter to create new officer positions, and the charter amendments provide that the initial special election to fill the new positions will occur in conjunction with the state primary and general election in an even-numbered year, RCW 29.13.020 permits the conduct of a city special election under these circumstances.
AGO 2000 No. 4 >  July 3, 2000
PUBLIC DISCLOSURE LAW - PUBLIC DISCLOSURE COMMISSION - ELECTIONS - CAMPAIGN CONTRIBUTIONS - CAMPAIGN FINANCING - CANDIDATES
Status of loans to candidates and political committees 1.  If a political campaign receives a loan from a commercial lending institution which meets the criteria set forth in RCW 42.17.720(3), and the loan is not guaranteed by any other person, the loan is exempt from the campaign contribution limitations set forth in RCW 42.17.640.  2.  In limiting the extent to which candidates may be reimbursed from campaign contributions for loans to their political campaigns, RCW 42.17.125(3) applies to funds borrowed by the candidate personally but used for campaign purposes and also to funds borrowed by the candidate's political committee but guaranteed by the candidate.
AGO 1978 No. 24 >  August 9, 1978
ELECTIONS - JUDGES - NOMINATION AND PROCEDURES FOR DISTRICT COURT JUDGES
ELECTIONS ‑- JUDGES ‑- NOMINATION AND PROCEDURES FOR DISTRICT COURT JUDGES (1) If only one candidate files for a given district court position, a primary election will nevertheless be required to be held in accordance with the general provisions of chapter 29.21 RCW because neither RCW 29.21.015 nor Article IV, § 29 (Amendment 41) of the state constitution are applicable.  (2) If there is a contested primary election for the position of district court judge, the two candidates receiving the greatest number of votes are both to have their names placed on the general election ballot in accordance with RCW 29.21.150 even though one of those candidates receives a majority of the votes cast for the position at the primary.    (3) There is no statutory provision applicable to district court judges which requires that a candidate receive a given percentage of the total votes cast at a nominating primary in order to have his name appear on the general election ballot.  (4) Because of the inapplicability of RCW 29.21.010 to the election of district court judges, the names of candidates for that office need not be listed alphabetically on the primary ballot.  (5) For the same reason, there is no statutory requirement (insofar as the election of district court judges is concerned) that the various candidates' names appear on the general election ballot in sequence relating to the number of votes each candidate received in the primary election.
AGO 1978 No. 29 >  November 21, 1978
TAXATION - PROPERTY - ELECTIONS - EXTENT OF VOTER APPROVAL REQUIRED TO EXCEED 106% LIMITATION
TAXATION ‑- PROPERTY ‑- ELECTIONS ‑- EXTENT OF VOTER APPROVAL REQUIRED TO EXCEED 106% LIMITATION The extent of voter approval required in order for a taxing district to exceed the statutory limitation on levy rates established by RCW 84.55.010 through 84.55.040 is a simple majority in accordance with RCW 84.55.050.
AGO 1992 No. 12 >  June 29, 1992
SECRETARY OF STATE - ELECTIONS - DISTRICTS - BOUNDARIES - LEGISLATORS - REDISTRICTING
Boundaries for Election for Unexpired Term of Newly Redistricted Legislative District When the boundaries of a legislative district for the Office of State Senate have been changed by redistricting, a special election for the remainder of the existing senate term should be conducted in the newly redistricted senate district.  Candidates for that election must be residents of the new district as required by RCW 42.04.020.
AGO 1992 No. 13 >  June 30, 1992
WASHINGTON CITIZENS' COMMISSION ON SALARY FOR ELECTED OFFICIALS - COURTS - JUDGES - SALARIES AND WAGES - COUNTIES - CONSTITUTIONAL AMENDMENTS - ELECTIONS
Applicability of Amendment 78 to Part-time District Court Judges and Qualifications for Nonattorney to be Elected District Court Judge 1.  Article 28 of the Washington Constitution (Amendment 78) provides that an independent salary commission shall set the salary for district court judges.  With regard to part-time district court judges, the commission has set the salary based on the proportion of full-time work for which the part-time judge is authorized.  The county legislative authority determines the proportion of work for which the part-time district court judge is authorized. 2.  Prior to 1991 the commission had not established a salary for part-time district court judges.  Amendment 78 provides that salaries in effect in 1987 shall remain in effect until changed by the commission.  Thus, part-time district court judge salaries were set pursuant to RCW 3.58.020 until 1991 when the commission changed the salary.  At that time, the salaries were properly set by the commission. 3.  RCW 3.46.060 provides that a nonattorney can seek election as a district court judge under certain circumstances.  A nonattorney district court judge can seek reelection if he or she is a registered voter of the district court district, and has been elected and has served as a district court judge.  A nonattorney district court judge with these two qualifications can seek reelection even if the population of the district is between 5,000 and 10,000.
AGO 1966 No. 72 >  February 15, 1966
ELECTIONS - HOUSE OF REPRESENTATIVES - LEGISLATIVE POSITIONS - MEMBERS - DESIGNATION BY ELECTION OFFICERS - AUTHORITY IN CONNECTION WITH 1966 AND SUBSEQUENT ELECTIONS
ELECTIONS ‑- HOUSE OF REPRESENTATIVES ‑- LEGISLATIVE POSITIONS ‑- MEMBERS ‑- DESIGNATION BY ELECTION OFFICERS ‑- AUTHORITY IN CONNECTION WITH 1966 AND SUBSEQUENT ELECTIONS (1) In designating positions to be filled in the house of representatives from multimember districts at the 1966 general election , the secretary of state or a county auditor, as the case may be, is required, under § 1, chapter 52, Laws of 1965, to "designate the positions to be filled by consecutive number commencing with the 'No. 1'"; however it is neither necessary nor proper for such election officers to additionally designate in the notice of election or elsewhere "who these positions are now held by" since no incumbent representatives can be correctly described as presently holding office in any of the fifty-six new legislative districts created by the reapportionment act of 1965 (chapter 6, Laws of 1965)‑-nor are any of these newly established positions within multimember legislative districts in fact now held by anyone. (2) In legislative elections subsequent to 1966, the additional designation of "who the position is now held by" will not be required but will be legally proper since incumbent members of the house of representatives will then in fact have previously been elected from legislative districts and positions established by the 1965 legislature (until such time as there is enacted another new redistricting law).
AGO 1966 No. 75 >  March 1, 1966
DISTRICTS - FLOOD CONTROL - ELECTIONS - QUALIFICATIONS OF ELECTORS - PERSONS HOLDING TITLE OR EVIDENCE OF TITLE - COMMUNITY PROPERTY - CONTRACTOR VENDOR
DISTRICTS ‑- FLOOD CONTROL ‑- ELECTIONS ‑- QUALIFICATIONS OF ELECTORS ‑- PERSONS HOLDING TITLE OR EVIDENCE OF TITLE ‑- COMMUNITY PROPERTY ‑- CONTRACTOR VENDOR ‑- PURCHASER (1) A husband and wife, holding title or evidence of title to more than ten acres of benefited lands within a flood control district as community property, are entitled to one additional vote for each additional ten acres or major fraction thereof held. (2) A vendor is entitled to vote in a district election where benefited property in a flood control district is the subject of an ordinary real estate contract. (3) A purchaser is entitled to vote in a district election where benefited property in a flood control district is the subject of an ordinary real estate contract.
AGO 1995 No. 4 >  March 31, 1995
MUNICIPAL JUDGES - CITIES - ELECTIONS - OFFICES AND OFFICERS - STATUTORY INTERPRETATION - EFFECTIVE DATE OF AMENDMENT MAKING CERTAIN MUNICIPAL COURT JUDGESHIPS ELECTIVE
MUNICIPAL JUDGES - CITIES - ELECTIONS - OFFICES AND OFFICERS - STATUTORY INTERPRETATION - EFFECTIVE DATE OF AMENDMENT MAKING CERTAIN MUNICIPAL COURT JUDGESHIPS ELECTIVE 1.  RCW 3.50.055, enacted in 1993 but effective January 1, 1995, requires certain municipal court judgeships to be filled by election as vacancies occur after January 1, 1995:  that is, any new positions created or vacancies occurring in existing positions (if they are covered by RCW 3.50.055) must be filled by election for the remainder of the current term, while duly appointed judges serving terms scheduled to end on January 1, 1998 may complete their current terms, but their successors will be chosen by election.  2.  RCW 3.50.055 was not intended to change the term for which municipal court judges serve; pursuant to RCW 3.50.040 and 3.50.050, all municipal court judges serve four-year terms beginning on January 1, 1986, and every four years thereafter.
AGO 1995 No. 9 >  June 30, 1995
MUNICIPAL JUDGES - MUNICIPAL COURTS - MUNICIPAL DEPARTMENTS - CITIES - COUNTIES - ELECTIONS - FILLING VACANT MUNICIPAL COURT OR MUNICIPAL DEPARTMENT POSITIONS
MUNICIPAL JUDGES - MUNICIPAL COURTS - MUNICIPAL DEPARTMENTS - CITIES -COUNTIES - ELECTIONS - FILLING VACANT MUNICIPAL COURT OR MUNICIPAL DEPARTMENT POSITIONS 1.  If a vacancy occurs in a municipal court position established under Chapter 35.20 RCW (cities of over four hundred thousand population), or Chapter 3.50 RCW (all other cities), the vacancy will be filled by appointment for the remainder of the term, with no midterm special election.  2.  If a vacancy occurs in a municipal department of a district court operating pursuant to Chapter 3.46 RCW, the vacancy in the district court position will be filled by appointment by the county legislative authority with subsequent special election for the remainder of the term served (but any such election must occur only in an even-numbered year); the city will subsequently decide which judges on the district court will be designated as municipal department judges.  3.  If a city creates a new municipal court position or a new municipal department position, to take effect during the term prescribed by statute for such positions, the new position will be filled in the same manner as if a vacancy had occurred in an existing position in the same court.  4.  If a city creates a new municipal court position pursuant to Chapter 3.50 of Chapter 35.20 RCW, effective as of the beginning of the next statutory term for such a judgeship, the initial judge will be chosen by election if it is a full-time position or a part-time position covered by RCW 3.50.055; otherwise, the city may elect to make the position elective or appointive.  5.  If a city creates a new municipal department position within a district court pursuant to Chapter 3.46 RCW, and the judge is to serve the municipal department full-time, and the position will take effect with the beginning of the next term for district court judges, the initial judge will be nominated and elected in the manner for district court judges but with only electors of the city voting for the position.  6. If a city creates a new municipal department position within a district court pursuant to Chapter 3.46 RCW, to take effect with the beginning of the next term for district court judges, and the judge is to serve the municipal department part-time, the city may either designate an existing district judge to serve the municipal department, or provide that a new district judge nominated and elected by the judicial district will serve in the new municipal department position.
AGO 1966 No. 95 >  July 20, 1966
OFFICES AND OFFICERS - STATE - LEGISLATURE - ELECTIONS - DECLARATION OF CANDIDACY - FILING BY POSITION NUMBERS - WITHDRAWAL OF FIRST DECLARATION AS CONDITION PRECEDENT TO FILING SECOND DECLARATION
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATURE ‑- ELECTIONS ‑- DECLARATION OF CANDIDACY ‑- FILING BY POSITION NUMBERS ‑- WITHDRAWAL OF FIRST DECLARATION AS CONDITION PRECEDENT TO FILING SECOND DECLARATI A person who has filed a declaration of candidacy for state legislative office designated pursuant to RCW 29.18.015 may not file a second declaration of candidacy for another legislative position from the same legislative district without first withdrawing his initial declaration of candidacy as provided for in RCW 29.18.030.
AGO 1966 No. 107 >  September 30, 1966
ELECTIONS - VOTING QUALIFICATIONS - RESIDENTS OF FEDERAL RESERVATIONS
ELECTIONS ‑- VOTING QUALIFICATIONS ‑- RESIDENTS OF FEDERAL RESERVATIONS For purpose of eligibility to vote, a person does live in the state of Washington if he lives within the geographical limits of the state but in an area over which the United States Congress has the power of "exclusive legislation."
AGO 1992 No. 19 >  August 28, 1992
IRRIGATION - DISTRICTS - ELECTIONS - PROPERTY
Eligibility of Property Owners to Vote for Directors of Irrigation District of Less Than 200,000 Acres RCW 87.03.051 governs voter eligibility in irrigation districts of less than 200,000 acres.  Any property holder in the district whose land is subject to assessment for any reason is entitled to vote in district elections, even if the property is not currently being assessed for irrigation district purposes.
AGO 1992 No. 22 >  September 29, 1992
CITIES AND TOWNS - CHARTERS - AMENDMENT - COUNTIES - AUDITOR - ELECTIONS
Requirements for Placing a City Charter Amendment on the Ballot In a charter city or charter code city the qualified voters may petition, asking for the adoption of a charter amendment.  If the petition meets the requirements of the statute, it will be placed on the ballot at the next general election.  It is not necessary under state law for a city council to pass a resolution directing the county auditor to place on the ballot a city charter amendment proposed by the people.
AGO 1967 No. 18 >  May 9, 1967
CITIES AND TOWNS - ELECTIONS - COSTS - LIABILITY OF NEWLY INCORPORATED CITY OR TOWN FOR COSTS OF INCORPORATION ELECTION
CITIES AND TOWNS - ELECTIONS - COSTS - LIABILITY OF NEWLY INCORPORATED CITY OR TOWN FOR COSTS OF INCORPORATION ELECTION A newly incorporated city or town, which has been incorporated pursuant to an election held under the provisions of chapter 35.02 RCW is not liable to the county in which it is located for the costs of the incorporation election.
AGO 1967 No. 21 >  June 15, 1967
ELECTIONS - CIVIL RIGHTS - VOTER REGISTRATION
ADMINISTRATION OF LITERACY TEST TO PERSONS REGISTERING TO VOTE Persons registering to vote in Washington cannot currently be tested for literacy in the manner provided for in RCW 29.07.070 (13), in view of the provisions of the 1965 federal voting rights act (42 U.S.C., § 1971 (a)).
AGO 1967 No. 33 >  September 5, 1967
ELECTIONS - CONSTITUTIONAL AMENDMENTS - SUBMISSION TO VOTERS
ELECTIONS - CONSTITUTIONAL AMENDMENTS - SUBMISSION TO VOTERS None of the constitutional amendments which were proposed by the 1967 legislature are to be submitted to the voters for their approval or rejection at the November 7, 1967, election; rather all of these measures are to be submitted to the voters at the November 5, 1968, state general election.
AGO 1968 No. 3 >  January 18, 1968
DISTRICTS - IRRIGATION - ELECTIONS - QUALIFICATIONS OF VOTERS
DISTRICTS - IRRIGATION - ELECTIONS - QUALIFICATIONS OF VOTERS Except in the case of ownership of more than ten acres of land in an irrigation district, as provided for by RCW 87.03.045, the fact that the same person holds a number of qualifying legal or equitable interests in one or more parcels of qualified land located in an irrigation district does not entitle that person to cast a multiple number of votes, equal to the number of his interests, at a single irrigation district election.
AGO 1968 No. 12 >  March 19, 1968
DISTRICTS - IRRIGATION - ELECTIONS - FREEHOLDERS
QUALIFICATIONS OF ELECTORS SIGNING PETITION TO DISSOLVE AN IRRIGATION DISTRICT UNDER CHAPTER 87.53 RCW (1) In order to be eligible to sign a petition to dissolve an irrigation district which has an outstanding bonded indebtedness, as provided for in RCW 87.53.030, a person must be a qualified elector under the general election laws and a freeholder of the district, as provided for in RCW 87.53.050. (2) A person must be registered under the state general election laws in order to be a qualified elector within the meaning of RCW 87.53.050. (3) A contract purchaser of land in an irrigation district under a forfeitable executory contract for the sale of real property is a "freeholder of the district" as that term is used in RCW 87.53.050.
AGO 1993 No. 3 >  March 19, 1993
INITIATIVE 276 - CAMPAIGN CONTRIBUTIONS - ELECTIONS - PUBLIC DISCLOSURE COMMISSION - FINES - FUNDS
Requirement for out-of-state organizations to report campaign contributions under Initiative 276 1.  RCW 42.17.080-.090 require political committees to report campaign contributions to the Public Disclosure Commission.  This requirement only applies to political committees.  An organization is only a political committee if a primary purpose of the organization is to affect, directly or indirectly, governmental decision making by supporting or opposing candidates or ballot propositions. 2.  Washington must have jurisdiction over an out-of-state political committee in order to impose its campaign reporting requirements.  To obtain jurisdiction there must be purposeful minimum contacts between the out-of-state organization and Washington.  This is a factual question that must be determined on a case by case basis, however, the act of making contributions in Washington establishes the necessary jurisdiction. 3.  If Washington does not have jurisdiction over an out-of-state political committee, it is not required to file reports with the state.  However, if this nonreporting committee subsequently makes contributions to candidates in Washington, it must file a report pursuant to RCW 42.17.090(1)(k) as a nonreporting political committee or its contribution will be forfeited to the state.
AGO 1968 No. 30 >  September 12, 1968
DISTRICTS - SCHOOLS - ELECTIONS - TAXATION - PROCEDURE FOR CALLING SPECIAL SCHOOL DISTRICT EXCESS LEVY ELECTION
DISTRICTS - SCHOOLS - ELECTIONS - TAXATION - PROCEDURE FOR CALLING SPECIAL SCHOOL DISTRICT EXCESS LEVY ELECTION Where the board of directors of a school district, by appropriate resolution, calls a special election for submission to the voters of a proposition to levy ad valorem property taxes in excess of the constitutional forty mill limit, and presents this resolution to the county auditor at least forty-five days prior to the election date specified therein, it is not necessary for the auditor to find the existence of an emergency in order to hold the election on the date fixed by the school board.
AGO 1993 No. 12 >  June 15, 1993
OFFICES AND OFFICERS - ELECTIONS - CAMPAIGN CONTRIBUTIONS - PUBLIC DISCLOSURE LAW - PUBLIC DISCLOSURE COMMISSION
Applicability of Initiative 134 to nonreimbursed public office related expenses 1.  RCW 42.17.125, which governs the personal use of campaign contributions, does not authorize the use of such contributions for nonreimbursed public office related expenses.2.  Prior to Initiative 134, RCW 42.17.095 authorized a public officer to use surplus campaign contributions for nonreimbursed public office related expenses.  Initiative 134 repealed this authority such that surplus campaign contributions can no longer be used for this purpose.3.   Although campaign contributions and surplus campaign contributions may not be used for nonreimbursed public office related expenses, a public office may solicit gifts for the specific purpose of defraying nonreimbursed public office related expenses.4.   If a public officer solicits gifts to defray nonreimbursed public office related expenses, such gifts must be reported to the Public Disclosure Commission pursuant to RCW 42.17.240 and .2415.
AGO 1997 No. 3 >  May 20, 1997
ELECTIONS - CITIES
ELECTIONS - CITIES RCW 35A.12.030 establishes the qualifications for city council member as (1) being a registered voter of the city at the time of filing a declaration for candidacy and (2) being a resident of the city for at least one year before the election; a person who meets these qualifications need not have been a city resident for one year before filing (interpreting RCW 29.15.025 in light of RCW 35A.12.030).
AGO 1996 No. 14 >  August 16, 1996
ELECTIONS - SECRETARY OF STATE - COUNTY AUDITORS - VOTER REGISTRATION
Authority of State to accept federal postcard form for voter registration and absentee voter status 1.  Election officials may accept, as an application for permanent voter registration in the state of Washington, the Federal Post Card Application (FPCA) form developed by the federal government under the Uniformed and Overseas Citizens Absentee Voting Act; acceptance of the form is not mandatory, and the Secretary of State may adopt reasonable regulations governing voter registration requirements  2.  The Federal Post Card Application (FPCA) form may be treated by election officials as an application for ongoing absentee voter status as set forth in RCW 29.36.013. 3.  The Secretary of State can prescribe reasonable regulations and policies on the forms used and the information included for voter registration purposes in Washington.
AGO 1997 No. 8 >  November 24, 1997
POLITICAL PARTIES - INTERPRETING OF LAWS CONCERNING "MAJOR PARTIES." - ELECTIONS
POLITICAL PARTIES - ELECTIONS - Interpreting of laws concerning 'major parties.' 1.Whenever a general election is conducted in an even-numbered year, any party with a candidate drawing five percent of the vote for any partisan statewide state or federal office qualifies as a "major party"; this designation holds until an election occurs in an even-numbered year in which one or more statewide partisan offices appear on the ballot and the party in question fails to gain five percent of the vote for any of its statewide candidates.2.For a newly qualified major political party, the first election of precinct committee officers will occur at the next general election occurring in an even-numbered year.3.If a party is not organized pursuant chapter 29.42 RCW, but is newly qualified as a major political party, it may designate the governing body or officers who will perform the functions assigned by law to the county or state committees of a major political party.4.The provisions of RCW 29.45.010(4) restrict membership on a three-person election board to members of the parties whose candidates polled the greatest and the next greatest number of votes in a particular county.5.If the county auditor appoints clerks to expand the size of a precinct election board pursuant to RCW 29.45.020, and there are three or more major parties, appointments should be made in such a way as to make the total membership of the election board as nearly equal among the parties as possible.6.The ballot pick-up and delivery teams mentioned in RCW 29.54.037 should consist of one representative of each major political party which designates a representative for that purpose.
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.
AGO 1997 No. 8 >  November 24, 1997
POLITICAL PARTIES - ELECTIONS
Interpreting of laws concerning 'major parties' 1.  Whenever a general election is conducted in an even-numbered year, any party with a candidate drawing five percent of the vote for any partisan statewide state or federal office qualifies as a "major party"; this designation holds until an election occurs in an even-numbered year in which one or more statewide partisan offices appear on the ballot and the party in question fails to gain five percent of the vote for any of its statewide candidates.  2.  For a newly qualified major political party, the first election of precinct committee officers will occur at the next general election occurring in an even-numbered year.  3.  If a party is not organized pursuant chapter 29.42 RCW, but is newly qualified as a major political party, it may designate the governing body or officers who will perform the functions assigned by law to the county or state committees of a major political party.  4.  The provisions of RCW 29.45.010(4) restrict membership on a three-person election board to members of the parties whose candidates polled the greatest and the next greatest number of votes in a particular county.
AGO 1998 No. 10 >  August 11, 1998
CITIES - OPTIONAL MUNICIPAL CODE - ELECTIONS
“Waiting period” between elections on change in form of city government When a code city has conducted an election on the question of abandonment of plan of government pursuant to chapter 35A.06 RCW, and the result of the election was to retain the city's current plan of government, there is no statutory “waiting period” before another election on the same question may be conducted.
AGO 1999 No. 1 >  January 13, 1999
OFFICES AND OFFICERS - CITIES AND TOWNS - COMPENSATION - ELECTIONS
Application of prohibition on midterm increases in compensation to city councilmember elected to unexpired term 1.  A person who is elected to an unexpired term on a city council may not constitutionally receive, during the unexpired term, any changes in compensation previously enacted by the council during that term.
AGO 1959 No. 5 >  January 26, 1959
ELECTIONS - VALIDITY - DUTY OF PROSECUTING ATTORNEY
ELECTIONS ‑- VALIDITY ‑- DUTY OF PROSECUTING ATTORNEY (1) Failure of county auditor to provide ballots containing a proposition may affect the validity of the election with regard to the proposition. (2)  The validity of an election is a judicial question and certification of an election entitles it to a presumption of validity.
AGO 1959 No. 8 >  February 11, 1959
ELECTIONS - COUNTY - FILLING OF VACANCY OF COUNTY TREASURER
ELECTIONS ‑- COUNTY ‑- FILLING OF VACANCY OF COUNTY TREASURER. Where an incumbent county treasurer is re‑elected [[reelected]] and dies before the commencement of the new term an appointee filling the vacancy holds office from the date of appointment until the next general election and until a successor is elected and qualified.
AGO 1958 No. 210 >  July 17, 1958
ELECTIONS - BALLOTS - NAME OF CANDIDATE OFFICES AND OFFICERS - COUNTIES - AUTHORITY OF COUNTY AUDITOR TO REJECT A DECLARATION OF CANDIDACY
ELECTIONS ‑- BALLOTS ‑- NAME OF CANDIDATE OFFICES AND OFFICERS ‑- COUNTIES ‑- AUTHORITY OF COUNTY AUDITOR TO REJECT A DECLARATION OF CANDIDACY (1)  A candidate, in filing for office, has the right to have printed on the ballot any name by which he is commonly known in the community.  (2)  A county auditor has no authority to reject a declaration of candidacy.
AGO 1958 No. 204 >  June 18, 1958
ELECTIONS - PARK AND RECREATION DISTRICT COMMISSIONERS ARE TO BE ELECTED IN CONJUNCTION WITH THE GENERAL ELECTION IN NOVEMBER - OFFICES AND OFFICERS - MUNICIPAL CORPORATIONS - ELECTIONS - PARK AND RECREATION DISTRICT COMMISSIONERS
ELECTIONS ‑- PARK AND RECREATION DISTRICT COMMISSIONERS ARE TO BE ELECTED IN CONJUNCTION WITH THE GENERAL ELECTION IN NOVEMBER -- OFFICES AND OFFICERS ‑- MUNICIPAL CORPORATIONS ‑- ELECTIONS ‑- PARK... Elections for park and recreation district commissioners are to be held biennially in conjunction with the general election in November.
AGO 1956 No. 331 >  October 22, 1956
ELECTIONS - CLERKS FOR COUNTY BOARDS - USE OF STAMP PAD AND RUBBER STAMP TO MARK BALLOTS
ELECTIONS ‑- CLERKS FOR COUNTY BOARDS ‑- USE OF STAMP PAD AND RUBBER STAMP TO MARK BALLOTS It is mandatory that the counting board appoint two clerks.  The use of rubber stamps in voting booths should be discouraged.
AGO 1956 No. 330 >  October 17, 1956
ELECTIONS - STICKER CANDIDATES.ELECTIONS - PRIMARY - FILL UNEXPIRED COUNTY OFFICE
ELECTIONS ‑- STICKER CANDIDATES.ELECTIONS ‑- PRIMARY ‑- FILL UNEXPIRED COUNTY OFFICE In the event a county clerk elected for a term expiring January 1, 1958, dies on August 29, 1956, which date is subsequent to the last day for filing for the September primary, but several candidates for the unexpired term of county clerk run as "sticker candidates", the candidates to represent the respective political parties in the general election may be nominated in the primary by stickers, provided that the specified percentage of votes is cast for them; otherwise, nomination is made by the county central committees for the respective parties.  Special notice is required in the general and primary election held to fill the unexpired term of a superior court clerk.
AGO 1959 No. 58 >  August 13, 1959
ELECTIONS - SPECIAL - COUNCIL - MANAGER FORM OF GOVERNMENT
ELECTIONS - SPECIAL - COUNCIL-MANAGER FORM OF GOVERNMENT (1) and (2) A third class city adopting the council-manager form of government at a special election on November 3, 1959, may hold an election on the second Tuesday of March, 1960 to elect new city officials and such an election would be a special election.  (3) Three of the city councilmen elected in the special election in March, 1960 would serve until the first Monday in April, 1962 and four of the councilmen would serve until the first Monday in April, 1964.
AGO 1959 No. 89 >  December 11, 1959
ELECTIONS - BALLOTS - AUTHORITY OF COUNTY COMMISSIONERS TO PLACE TWO INCONSISTENT PROPOSITIONS RELATING TO FORMATION OF A NEW PORT DISTRICT AND ANNEXATION OF TERRITORY TO ANOTHER PORT DISTRICT ON THE SAME BALLOT
ELECTIONS - BALLOTS - AUTHORITY OF COUNTY COMMISSIONERS TO PLACE TWO INCONSISTENT PROPOSITIONS RELATING TO FORMATION OF A NEW PORT DISTRICT AND ANNEXATION OF TERRITORY TO ANOTHER PORT DISTRICT ON... Two propositions, one for annexing territory to a port district and another inconsistent one for the formation of a new port district consisting of the same territory may be placed on the same ballot at a general election.  However, care should be taken that the voters be restricted to voting affirmatively for only one of the measures.
AGO 1957 No. 3 >  January 14, 1957
ELECTIONS - PRIMARY - ABOLITION OF CITY PRIMARY
ELECTIONS ‑- PRIMARY ‑- ABOLITION OF CITY PRIMARY If a city is divided into several wards and the councilmen are elected only by their wards, a primary election is necessary in wards where two or less candidates have filed for a council seat if even a single office has more than two persons filed for it.  That portion of a 1st class city charter is void which provides that under certain circumstances a candidate may be elected to an office at a primary election.  However, a 1st class city charter may provide that a candidate receiving a majority of the primary votes for an office shall alone appear on the general ballot.
AGO 1958 No. 217 >  August 25, 1958
CITIES AND TOWNS - FIRST CLASS CITIES - PARTISAN ELECTIONS - ELECTIONS - CITIES AND TOWNS - NEWLY INCORPORATED FIRST CLASS CITY - MUNICIPAL CORPORATIONS
CITIES AND TOWNS ‑- FIRST CLASS CITIES ‑- PARTISAN ELECTIONS ‑- ELECTIONS ‑- CITIES AND TOWNS ‑- NEWLY INCORPORATED FIRST CLASS CITY ‑- MUNICIPAL CORPORATIONS ‑- CHARTER PROVISIONS ‑- VALIDITY OF... 1.  A city of the first class newly incorporated from previously unincorporated territory may validly provide in its city charter for partisan elections, regardless of whether the city adopted a council-manager form of government.  2.  Political parties represented at such partisan primary elections are those whose candidates received ten per cent of the total vote cast at the last preceding general election in the state.
AGO 1958 No. 224 >  October 29, 1958
MUNICIPAL CORPORATIONS - PUBLIC UTILITY DISTRICTS - NOMINATION OF COMMISSIONERS BY PETITION - ELECTIONS - NOMINATION OF PUBLIC UTILITY DISTRICT COMMISSIONERS BY PETITION
MUNICIPAL CORPORATIONS ‑- PUBLIC UTILITY DISTRICTS ‑- NOMINATION OF COMMISSIONERS BY PETITION. ELECTIONS ‑- NOMINATION OF PUBLIC UTILITY DISTRICT COMMISSIONERS BY PETITION Any elector may sign nominating petitions for more than one prospective commissioner of public utility district.
AGO 1956 No. 280 >  May 31, 1956
ELECTIONS - JUDGES OF THE SUPERIOR COURT
ELECTIONS ‑- JUDGES OF THE SUPERIOR COURT When there are no more than two candidates for one judicial office, no primary is held and both names appear on the general election ballot.
AGO 1955 No. 159 >  November 9, 1955
ELECTIONS - CHANGE OF FORM OF MUNICIPAL GOVERNMENT - TIME NEWLY ELECTED COUNCILMEN TAKE OFFICE
ELECTIONS ‑- CHANGE OF FORM OF MUNICIPAL GOVERNMENT ‑- TIME NEWLY ELECTED COUNCILMEN TAKE OFFICE Where a city decides to change its form of government from a commission to the council-manager form a council is elected at the time of the special election on the proposition.  The councilmen-elect assume office on the 30th day following issuance of certificates of election and serve an abbreviated term until the councilmen elected at the next regular municipal election take office.
AGO 1955 No. 78 >  May 19, 1955
STATUTES - RETROACTIVITY - APPLICATION TO PENDING PROCEEDING - ELECTIONS - SCHOOL DISTRICT
STATUTES ‑- RETROACTIVITY ‑- APPLICATION TO PENDING PROCEEDING -- ELECTIONS ‑- SCHOOL DISTRICT State effective between dates of first and second school district elections, altering procedure therefor, controls second election.
AGO 1955 No. 157 >  November 7, 1955
ELECTIONS - POLITICAL ADVERTISING - ANONYMOUS SPONSORSHIP OF
ELECTIONS ‑- POLITICAL ADVERTISING ‑- ANONYMOUS SPONSORSHIP OF Chapter 317, Laws of 1955, which prohibits anonymous political advertisements, includes advertising pertaining to state measures such as initiatives, referendums and proposed constitutional amendments, as well as local propositions such as excess tax levies or bond issues.
AGO 1955 No. 205 >  February 16, 1955
SCHOOL DISTRICTS, SECOND & THIRD CLASS - ELECTIONS - TIME FOR FILING AND WITHDRAWING CANDIDACY
SCHOOL DISTRICTS, SECOND & THIRD CLASS ‑- ELECTIONS ‑- TIME FOR FILING AND WITHDRAWING CANDIDACY RCW 29.21.060 controls time for filing and withdrawing declaration of candidacy in second and third class school districts.
AGO 1955 No. 146 >  October 17, 1955
ELECTIONS - CHALLENGE OF VOTER - NONRESIDENCE
ELECTIONS ‑- CHALLENGE OF VOTER ‑- NONRESIDENCE Under Section 9, Chapter 181, Laws of 1955, the registration officer has authority to cancel a challenged registration in the event the voter concerned fails to respond to a notice of challenge. "Within the time as provided by law" as used in Section 9, Chapter 181, Laws of 1955, relating to the cancellation of registrations for nonresidents means the last day allowed for a registration (or transfer, as the case may be) prior to the first approaching primary or general election.
AGO 1955 No. 136 >  September 12, 1955
ELECTIONS - TAXES - BALLOT TITLE - SCHOOL DISTRICT ELECTIONS AND EXCESS LEVIES
ELECTIONS ‑- TAXES ‑- BALLOT TITLE ‑- SCHOOL DISTRICT ELECTIONS AND EXCESS LEVIES 1955 School District levies are to be imposed upon assessed valuations determined pursuant to Ch. 253, Laws of 1955. A proposition for an excess levy stated in terms of rate of levy authorizes a levy to the full extent of the stated rate although the proposition also states that such levy will yield an approximate sum of money.
AGO 1954 No. 227 >  March 22, 1954
ELECTIONS - BOND ISSUES - CONSTITUTIONAL MAJORITY - COMPUTATION - BLANK BALLOTS NOT COUNTED
ELECTIONS ‑- BOND ISSUES ‑- CONSTITUTIONAL MAJORITY ‑- COMPUTATION ‑- BLANK BALLOTS NOT COUNTED At a regular city election where a proposition to authorize construction of a city fire hall was placed upon the ballot, only those ballots which voted for or against the proposition are to be counted in order to ascertain whether the measure passed by a constitutional majority; ballots which were blank upon the proposition being ignored.
AGO 1954 No. 368 >  December 20, 1954
ELECTIONS - VALIDITY - ABSENCE OF BALLOTS - SPECIAL - WHEN HELD - WATER DISTRICT COMMISSIONERS
ELECTIONS ‑- VALIDITY ‑- ABSENCE OF BALLOTS ‑- SPECIAL ‑- WHEN HELD ‑- WATER DISTRICT COMMISSIONERS 1. Statutes regulating the conduct of an election are mandatory when noncompliance affects result; an election is invalid when sufficient ballots not furnished and tie vote resulted.  2. Water district commissioners may be elected only at biennial general elections.
AGO 1954 No. 274 >  June 18, 1954
ELECTIONS - TIME - DIKING DISTRICTS - ELECTIONS
ELECTIONS ‑- TIME ‑- DIKING DISTRICTS ‑- ELECTIONS An election in a diking district not held on the statutory date is invalid.
AGO 1954 No. 296 >  August 12, 1954
ELECTIONS - SPECIAL - ROAD AND BRIDGE BOND AUTHORIZATION
ELECTIONS ‑- SPECIAL ‑- ROAD AND BRIDGE BOND AUTHORIZATION A road and bridge bond proposal may be submitted to the voters at a special election in conjunction with the primary election.
AGO 1954 No. 300 >  August 13, 1954
ELECTIONS - INITIATIVE MEASURES - ARGUMENTS - VOTERS' PAMPHLET
ELECTIONS ‑- INITIATIVE MEASURES ‑- ARGUMENTS‑-VOTERS' PAMPHLET The sponsors' arguments in favor of Initiative No. 194 are not in proper form for publication in the voters' pamphlet until certain statements have been modified or stricken.
AGO 1954 No. 303 >  August 18, 1954
ELECTIONS - INITIATIVE MEASURES - ARGUMENTS - ARGUMENTS
ELECTIONS ‑- INITIATIVE MEASURES ‑- ARGUMENTS ‑- VOTERS' PAMPHLET The opponents' arguments against Initiative No. 194 should not be accepted for publication in the voters' pamphlet unless and until one specified sentence is stricken.
AGO 1954 No. 328 >  September 23, 1954
PUBLIC HOSPITAL DISTRICTS - ELECTIONS - AUTHORIZING INDEBTEDNESS AT ELECTION ON ORIGINAL CREATION
PUBLIC HOSPITAL DISTRICTS ‑- ELECTIONS ‑- AUTHORIZING INDEBTEDNESS AT ELECTION ON ORIGINAL CREATION The electors in a proposed hospital district may not vote on a proposition authorizing a bonded indebtedness or a levy in excess of three mill at the election at which the district is voted into existence for the first time.
AGO 1954 No. 331 >  October 5, 1954
ELECTIONS - VACANCIES ON TICKET - FILLING BY STATE OR COUNTY COMMITTEE
ELECTIONS ‑- VACANCIES ON TICKET ‑- FILLING BY STATE OR COUNTY COMMITTEE Where a vacancy exists by failure of any candidate to file for an office, a state or county central committee, as the case may be, may fill the vacancy by majority vote of a quorum of the whole committee.   The method of presentation to the committee may be any method provided by the committee's own rules.
AGO 1955 No. 45 >  March 24, 1955
ELECTIONS - SCHOOL DISTRICTS - EXCESS LEVY - TOTAL VOTE REQUIRED FOR VALIDITY
ELECTIONS ‑- SCHOOL DISTRICTS ‑- EXCESS LEVY ‑- TOTAL VOTE REQUIRED FOR VALIDITY A school district election authorizing an excess levy is valid if the total vote was at least 40% of the vote at the last regular school district election.
AGO 1954 No. 190 >  January 8, 1954
ELECTIONS - MUNICIPAL ADVISORY VOTE - ADVANCEMENT OF CLASSIFICATION OF CITY - CITY - SECRETARY OF STATE
ELECTIONS ‑- MUNICIPAL ADVISORY VOTE ‑- ADVANCEMENT OF CLASSIFICATION OF CITY -- CITY ‑- SECRETARY OF STATE Whether the commissioners of a city of the third class operating under a commission form of government have authority to expend municipal funds in submitting to the voters the question of advancement to the rank of first class cities under charter government for an advisory vote, is a proper subject to be covered by administrative rule to be issued by the secretary of state under RCW 29.04.080.
AGO 1953 No. 4 >  April 8, 1953
IRRIGATION DISTRICTS - ELECTIONS - MANNER OF CHALLENGING THE QUALIFICATIONS OF A PERSON OFFERING TO VOTE IN AN IRRIGATION DISTRICT ELECTION
IRRIGATION DISTRICTS ‑- ELECTIONS ‑- MANNER OF CHALLENGING THE QUALIFICATIONS OF A PERSON OFFERING TO VOTE IN AN IRRIGATION DISTRICT ELECTION The election procedure prescribed for irrigation districts being exclusive, contains no provision allowing the challenge of an individual offering to vote at either annual or special election.
AGO 1953 No. 479 >  February 6, 1953
ELECTIONS - GENERAL ELECTIONS - DEFINITION - SCHOOL DISTRICT ELECTIONS - AS GENERAL ELECTION
ELECTIONS ‑- GENERAL ELECTIONS ‑- DEFINITION. SCHOOL DISTRICT ELECTIONS ‑- AS GENERAL ELECTION

1. A general election is an election required to be held on a fixed date recurring at regular intervals. 2. The term "general election" as used in the Seventeenth Amendment to the state constitution includes a school district election if the statute governing the election requires that it be held on a fixed date at regular intervals.

AGO 1952 No. 248 >  March 6, 1952
ELECTIONS - CITIES AND TOWNS - RESIDENTIAL QUALIFICATIONS OF ELECTORS OF AREA ANNEXED WITHIN THIRTY DAYS OF ELECTION
ELECTIONS ‑- CITIES AND TOWNS ‑- RESIDENTIAL QUALIFICATIONS OF ELECTORS OF AREA ANNEXED WITHIN THIRTY DAYS OF ELECTION
The fact that an area has been annexed to a city or town within thirty days of said city or town election does not affect residential qualifications of electors of annexed area.
AGO 1951 No. 473 >  March 15, 1951
ELECTIONS - PRECINCT BOUNDARIES - IGNORING BOUNDARIES OF PORT DISTRICT IN ALTERING
ELECTIONS ‑- PRECINCT BOUNDARIES ‑- IGNORING BOUNDARIES OF PORT DISTRICT IN ALTERING
In establishing new precinct boundaries, County Commissioners may ignore boundaries of Port District.
AGO 1953 No. 152 >  October 23, 1953
ELECTIONS - PETITIONS - FILING WITH PROPER OFFICIAL - MATTERS OF PUBLIC RECORD - PUBLIC RECORDS - ELECTION PETITIONS
FILING WITH PUBLIC OFFICIAL An election petition requesting the calling of a special election for the purpose of annexing a portion of a city or town becomes a public record when filed with the city clerk.
AGO 1950 No. 411 >  December 30, 1950
SCHOOLS - ELECTIONS - CANDIDATES - FILING
SCHOOLS ‑- ELECTIONS ‑- CANDIDATES ‑- FILING The provisions of section 6, chapter 161, Laws of 1949 (Rem. Rev. Stat. 5166-4) relative to filing declarations of candidacy, controls and supersedes the provisions of section 5032, relative to nominative petitions for the election of directors in school districts of the first class in class A counties and counties of the first class.
AGO 1950 No. 328 >  September 1, 1950
ELECTIONS - CORRECTION OF PRIMARY BALLOTS BY REMOVAL OF NAME OF DECEASED CANDIDATE
ELECTIONS ‑- CORRECTION OF PRIMARY BALLOTS BY REMOVAL OF NAME OF DECEASED CANDIDATE County Auditor, as County Superintendent of elections is authorized to correct ballots for primary election by causing removal of name of deceased candidate.
AGO 1950 No. 385 >  November 21, 1950
ELECTIONS - DUTIES OF COUNTY CANVASSING BOARD TO CANVASS AND OF COUNTY AUDITOR TO ISSUE ELECTION CERTIFICATE BASED UPON RETURNS IN LEGISLATIVE ELECTION WHERE THROUGH HONEST MISTAKE - APPORTIONMENT NOT FOLLOWED
ELECTIONS -- DUTIES OF COUNTY CANVASSING BOARD TO CANVASS AND OF COUNTY AUDITOR TO ISSUE ELECTION CERTIFICATE BASED UPON RETURNS IN LEGISLATIVE ELECTION WHERE THROUGH HONEST MISTAKE...

Canvass of election and issuance of certificate of election are ministerial duties; thus, where territory was annexed to city of Bellingham but legislative districts were not accordingly re‑apportioned [[reapportioned]]and county auditor through honest mistake issued ballots as though re‑apportionment [[reapportionment]]had taken place, and such ballots were voted in good faith, canvass should be performed and certificate of election issued.Proper forum of trying validity of such election, or contest thereof is in the legislative house whose membership would be affected.

AGO 1950 No. 393 >  November 17, 1950
P.U.D. - CHANGING BOUNDARIES - ELECTIONS
P.U.D. ‑- CHANGING BOUNDARIES ‑- ELECTIONS The county commissioners by changing their district boundaries did not ipso facto effect a corresponding change in the P.U.D. commissioner district boundaries, and a candidate who before the change by the county commissioners did not reside within the P.U.D. commissioner district in question, did not become a resident thereof or eligible to hold the office therein by reason of the action by the county commissioners.
AGO 1950 No. 399 >  December 4, 1950
ELECTIONS - DIVISION OF EXPENSES - SCHOOL DISTRICT ELECTIONS
ELECTIONS ‑- DIVISION OF EXPENSES ‑- SCHOOL DISTRICT ELECTIONS A county auditor may charge a proper proportionate share of election expenses to any municipality scheduling a special election in concert with either a state primary or general election.
AGO 1950 No. 189 >  January 4, 1950
ELECTIONS - CLOSING REGISTRATION
ELECTIONS -- CLOSING REGISTRATION Each election to be considered separately for purposes of closing registration and giving notice thereof.
AGO 1950 No. 198 >  January 19, 1950
ELECTIONS - DRAINAGE DISTRICT - JURISDICTION TO CONDUCT
ELECTIONS -- DRAINAGE DISTRICT -- JURISDICTION TO CONDUCT County Auditor, as ex-officio supervisor of elections, has sole jurisdiction to conduct drainage district elections in Class A and first class counties.
AGO 1950 No. 210 >  January 30, 1950
ELECTIONS - CITIES AND TOWNS - NOTICE OF SPECIAL ELECTION - JURISDICTION OF ELECTION OFFICIALS
ELECTIONS -- CITIES AND TOWNS -- NOTICE OF SPECIAL ELECTION -- JURISDICTION OF ELECTION OFFICIALS

(1) The notice provision of the 1949 election law has no application to municipal elections to authorize excess levies.(2) Under the 1949 election law the county auditor, as supervisor of elections, has jurisdiction to conduct municipal elections in Class A and first class counties; county canvassing board has the duty of canvassing such election.  In all other counties, local municipal officers have exclusive jurisdiction to conduct and canvas city and town elections.

AGO 1950 No. 222 >  February 21, 1950
ELECTIONS - JOINT SCHOOL DISTRICTS
ELECTIONS -- JOINT SCHOOL DISTRICTS Date and jurisdiction of joint school district elections is determined by use of statutory formula for determining to which one of several counties the district belongs.
AGO 1950 No. 285 >  June 15, 1950
COUNTIES - ELECTIONS - FEDERAL CENSUS - RECLASSIFICATION OF COUNTIES - INCREASED COMPENSATION OF OFFICIALS
COUNTIES ‑- ELECTIONS ‑- FEDERAL CENSUS ‑- RECLASSIFICATION OF COUNTIES ‑- INCREASED COMPENSATION OF OFFICIALS

1. The auditors should require candidates to pay a filing fee based upon annual salary for the class of county as shown by the unofficial census bulletins. 2. The salaries of county officials elected in 1950 will not be affected by the fact that the filing fee was paid upon a different classification than was finally determined to be the correct classification by the Bureau of Census.

AGLO 1982 No. 7 >  April 14, 1982
DISTRICTS - PUBLIC UTILITY DISTRICTS - BONDS - CONTRACTS - ELECTIONS
NECESSITY FOR VOTER APPROVAL

(1) RCW 54.24.018 does not apply to PUD contractual obligations not involving issuance, by the district, of its own bonds.(2) If a PUD issues bonds in order to fund a prior contractual liability, the provisions of Wash. Const., Article VIII, § 6 (but not Article VII, § 2 or Article VIII, § 7) would be applicable.

AGLO 1982 No. 8 >  April 20, 1982
CITIES AND TOWNS - DISTRICTS - PUBLIC UTILITY DISTRICTS - TAXATION - ELECTIONS
EFFECT OF OPERATION OF SEPARATE ELECTRIC UTILITY BY MUNICIPALITY

(1) The residents of the Town of McCleary who are registered voters therein remain entitled (under the facts of this opinion) to participate in the election of Grays Harbor Public Utility District No. 1 commissioners even though the town operates its own electrical system. (2) Property situated within the Town of McCleary may not be taxed to construct, purchase or support the public utility district's electrical system, so long as the town continues to own or operate its own electrical utility.

AGLO 1982 No. 27 >  January 13, 1982
OFFICES AND OFFICERS - STATE - JUDICIAL QUALIFICATIONS COMMISSION - JUDGES - ELECTIONS - CODE OF ETHICS
JURISDICTION OF JUDICIAL QUALIFICATIONS COMMISSION OVER NEWLY ELECTED JUDGES An individual, upon becoming a judge or justice within the state judicial system by reason of his or her election to such office, should be deemed to be subject to the jurisdiction of the Judicial Qualifications Commission and to possible disciplinary action by the Supreme Court under Article IV, § 31 (Amendment 71) of the state constitution for a violation of Canon 7 of the Code of Judicial Conduct occurring during the election campaign and prior to the individual becoming a judge.
AGLO 1980 No. 2 >  January 11, 1980
OFFICES AND OFFICERS - COUNTY - CLERK - BONDS - ELECTIONS
FAILURE OF ELECTED COUNTY CLERK TO EXECUTE OFFICIAL BOND The failure of a newly elected county clerk to execute and furnish an official bond pursuant to RCW 36.16.050 does not cause a vacancy in the office to exist pursuant to RCW 42.12.010; instead, such omission merely bars the newly elected clerk from qualifying and, thus, continues the term of his or her predecessor who, however, may, by resigning or refusing to serve, cause a vacancy to come into existence.
AGLO 1980 No. 4 >  January 21, 1980
DISTRICTS - PUBLIC TRANSPORATION BENEFIT AREA - ELECTIONS
PROCEDURE FOR DISSOLUTION The provisions of RCW 36.57A.160 constitute the exclusive means by which a public transportation benefit area established pursuant to chapter 36.57A RCW may be dissolved.
AGLO 1980 No. 22 >  June 23, 1980
OFFICES AND OFFICERS - COUNTY - CORONER - ELECTIONS
ELECTION OF COUNTY CORONER ON THE BASIS OF AN ANTICIPATED CHANGE IN COUNTY CLASSIFICATION (1) The Island County auditor may not accept filings for the office of coroner to be placed on the 1980 primary and general election ballot solely on the basis of an assumption or anticipation that Island County will be reclassified as a third class county following completion of the 1980 federal census. (2) In the absence of reclassification of Island County on the basis of the federal census prior to the candidates' filing period set forth in RCW 29.18.030, it would be a prerequisite to placing the office of coroner on the ballot that the county commissioners first do what is contemplated by RCW 36.13.020, et seq., in order to cause Island County to become a third, instead of a fourth, class county.
AGLO 1977 No. 52 >  November 14, 1977
OFFICES AND OFFICERS - STATE - GOVERNOR - WOMEN'S COUNCIL - ELECTIONS
INITIATIVE AND REFERENDUM While the Governor may, in view of the defeat of Referendum No. 40 at the November 8, 1977, general election, terminate the Washington State Women's Council (which was created by an earlier executive order), she is not legally required to do so; instead, she may alternatively elect to continue the Council in existence and permit it to be funded from the legislative appropriation made specifically for use by the Women's Council during the 1977-79 biennium.
AGLO 1976 No. 14 >  February 23, 1976
ELECTIONS - FUNDS - PUBLIC
CAMPAIGN CONTRIBUTIONS Constitutionality of the use of state funds to finance election campaigns; constitutional ability of the legislature to restrict campaign contributions so that persons might only contribute to a candidate if they are residents of the district which that candidate will represent if elected.
AGLO 1976 No. 27 >  April 5, 1976
ELECTIONS - INITIATIVE NO. 276 - CAMPAIGN FINANCING
APPLICABILITY OF INITIATIVE No. 276 TO CANDIDATES FOR FEDERAL OFFICE RCW 42.17.030-42.17.120 and RCW 42.17.240 are inapplicable to candidates seeking election to United States Senate or House of Representatives because of the federal preemption contained in Public Law 93-443.
AGLO 1976 No. 40 >  June 23, 1976
COUNTIES - EMPLOYEES - CIVIL SERVICE - ELECTIONS
POLITICAL ACTIVITIES BY CERTAIN COUNTY EMPLOYEES The extent to which RCW 41.06.250(2) supersedes § 560 of the King county charter restricting political activities by county employees.
AGLO 1976 No. 44 >  July 8, 1976
ELECTIONS - INITIATIVE NO. 276 - CAMPAIGN FINANCING
APPLICABILITY OF INITIATIVE NO. 276 TO CANDIDATES FOR FEDERAL OFFICE(1) Although it remains unclear that RCW 42.17.240 is now unenforceable with respect to candidates seeking election to the United States Senate or House of Representatives, in view of the legal opinion of federal counsel on this question the attorney general will, if requested, present the matter before the courts for adjudication; to the foregoing extent only, AGLO 1976 No. 27 [[to Graham E. Johnson, Administrator, Public Disclosure Commission on April 5, 1976 an Informal Opinion, AIR-76527]]is withdrawn.
AGLO 1976 No. 49 >  August 6, 1976
COUNTIES - OFFICERS - ELECTIONS - FREEHOLDERS
NONPARTISAN COUNTY OFFICERS A county charter may provide for the nonpartisan election of county council members.
AGLO 1976 No. 51 >  August 23, 1976
ELECTIONS - JUDGES
APPLICABILITY OF RCW 29.21.015 TO JUDICIAL ELECTIONS RCW 29.21.015, as amended by § 2, chapter 120, Laws of 1975-76, 2nd Ex. Sess., does not apply to the election of superior court and appellate court judges so as to mean that if only two candidates have filed for a given position as judge of the superior court or court of appeals no primary will be held and, instead, the names of both candidates will be required to appear on the ensuing general election ballot.
AGLO 1976 No. 52 >  August 25, 1976
CITIES AND TOWNS - ELECTIONS
SUBMISSION OF CHARTER AMENDMENT Under Article XI, § 10 of the state constitution an amendment to a city charter may be submitted to the voters at any general election held pursuant to the provisions of RCW 29.13.010.
AGLO 1976 No. 59 >  September 23, 1976
ELECTIONS - CANDIDATES - INDIGENTS
WAIVER OF CANDIDATES' PAMPHLET FEE FOR INDIGENTS A candidate for elective office may not qualify to have his statement entered in the official candidates' pamphlet provided for by chapter 29.80 RCW by filing a declaration that he is without sufficient assets or income in lieu of paying the fees required by RCW 29.80.050.
AGLO 1976 No. 60 >  September 27, 1976
COUNTIES - ELECTIONS - ADVISORY
CONDUCT OF ADVISORY ELECTIONS BY COUNTIES In connection with its adoption of an ordinance under RCW 36.32.120, a board of county commissioners may, but is not required to, conduct an advisory election to be participated in by the voters of the county.
AGLO 1975 No. 12 >  February 5, 1975
DISTRICTS - SCHOOLS - ELECTIONS
BALLOT TITLES A ballot title for a school district excess levy election may exceed the twenty word limit set forth in RCW 29.27.060 only to the extent necessary to cause such title to be in compliance with RCW 84.52.054.
AGLO 1975 No. 18 >  February 21, 1975
COMMUNITY COLLEGES - EMPLOYEES - LABOR - ELECTIONS
WEIGHTED VOTING IN SELECTION OF BARGAINING REPRESENTATIVE A community college district may not adopt a regulation under which those academic employees working full time would each be allocated one full vote, those employed two-thirds of full time would be allotted two-thirds of a vote, and those employed less than two-thirds of full time would be allocated one‑third of a vote in the election of their recognized bargaining representative under chapter 28B.52 RCW.
AGLO 1975 No. 69 >  August 8, 1975
DISTRICTS - FIRE PROTECTION - ELECTIONS
FIRST ELECTION OF FIRE PROTECTION DISTRICT COMMISSIONERS Persons other than those nominated by the board of county commissioners under RCW 52.04.070 may be candidates for election to a board of fire protection district commissioners upon the initial formation of such a district.
AGLO 1975 No. 70 >  August 11, 1975
INITIATIVE NO. 276 - ELECTIONS
APPLICABILITY TO NEGATIVE POLITICAL COMMITTEES A "political committee", within the meaning of Initiative No. 276, is not merely an organization which is formed for the purpose of supporting particular candidates for public office but, in addition, as defined in RCW 42.17.020(22), the term also includes an organization which receives contributions or makes expenditures in opposition to any candidate or ballot proposition.
AGLO 1975 No. 73 >  August 19, 1975
ELECTIONS - JUDGES - SUPERIOR COURT
DISTRICT COURT Necessity of an election in November, 1975, for unexpired terms of superior and district court judges in Whatcom county under certain described circumstances.
AGLO 1975 No. 77 >  September 5, 1975
ELECTIONS - INITIATIVE AND REFERENDUM
TIME FOR SUBMISSION OF INITIATIVES TO THE LEGISLATURE Under RCW 29.79.020 an initiative to the legislature may only be filed with the secretary of state within ten months prior to the next regular session of the legislature even though such initiative measures may now be voted upon at the annual state general election held pursuant to RCW 29.13.010 in November of each year.
AGLO 1975 No. 78 >  September 10, 1975
ELECTIONS - POLITICAL PARTIES
NOMINATION OF MINOR PARTY CANDIDATE FOR OFFICE OF COUNTY COMMISSIONER At a minor political party convention under chapter 29.24 RCW persons who are not qualified electors of the county commissioner district involved may not be counted as valid signers of a certificate of nomination of the party's candidate for the office of county commissioner.
AGLO 1978 No. 24 >  August 14, 1978
ELECTIONS - PUBLIC DISCLOSURE LAW - REGULATION OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
ELECTIONS ‑- PUBLIC DISCLOSURE LAW ‑- REGULATION OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES

(1) Where a committee which supported a successful candidate for an elective office during 1976 incurred a campaign deficit which remains unpaid at the time of the commencement of the same candidate's next succeeding, 1978, campaign (either for reelection or election to another office), the question of whether a separate bank account must be maintained for or on behalf of the candidate in connection with each such campaign in order to satisfy the applicable requirements of the public disclosure law, chapter 42.17 RCW, will (as in any case) be dependent upon whether the committee was established as an ordinary or as a continuing political committee.

(2) If it is necessary to maintain a separate depository for the 1978 campaign, contributions made to the 1978 campaign may nevertheless be used to repay a loan made by the candidate to his or her 1976 political committee free of the $2,000 per year ceiling contained in RCW 42.17.095(3).

AGLO 1978 No. 31 >  September 29, 1978
ELECTIONS - DISTRICTS - SEWER - IRRIGATION - MERGER OF SEWER DISTRICT WITH IRRIGATION DISTRICT - VOTER QUALIFICATIONS
ELECTIONS ‑- DISTRICTS ‑- SEWER ‑- IRRIGATION ‑- MERGER OF SEWER DISTRICT WITH IRRIGATION DISTRICT ‑- VOTER QUALIFICATIONS Under the provisions of RCW 56.02.100 and related statutes, only persons who own land within a sewer district which proposes to merge with an irrigation district in which it is contained will be qualified to vote on the question; however, this requirement could be subject to a possible constitutional challenge.
AGLO 1977 No. 9 >  March 2, 1977
DISTRICTS - PORTS - ELECTIONS - BONDS - TAXATION - REAL PROPERTY - PASSAGE OR FAILURE OF PROPOSITION
DISTRICTS ‑- PORTS ‑- ELECTIONS ‑- BONDS ‑- TAXATION ‑- REAL PROPERTY ‑- PASSAGE OR FAILURE OF PROPOSITION

Where a port district has submitted to its voters a proposal for the issuance of general obligation bonds under RCW 53.36.030, and in order to fund those bonds has, as a part of the same proposition, sought approval by the voters of an increase in the aggregate limitation upon regular property taxes above that described in RCW 84.55.010 the entire proposition must be deemed to have been defeated by the failure of at least 60% of the voters to have cast affirmative votes.

AGLO 1977 No. 20 >  May 3, 1977
DISTRICTS - PARK AND RECREATION - ELECTIONS - BOUNDARY REVIEW BOARD - FORMATION OF PARK AND RECREATION DISTRICT
DISTRICTS ‑- PARK AND RECREATION ‑- ELECTIONS ‑- BOUNDARY REVIEW BOARD ‑- FORMATION OF PARK AND RECREATION DISTRICT

(1) A proposition for financing a proposed park and recreation district under chapter 36.69 RCW may not be placed on the ballot at the same time as an election held on the question of formation of such a district.

(2) The formation of a park and recreation district under chapter 36.69 RCW is not subject to the jurisdiction of a county boundary review board under chapter 36.93 RCW.

(3) Formation of a park and recreation district, by itself, would not affect the administration of preexisting county parks.

AGLO 1974 No. 28 >  March 5, 1974
COURTS - DISTRICT - JUSTICE - ELECTIONS
ATTORNEYS A nonlawyer who is currently serving as a full-time district court judge in a first class county may not file a declaration of candidacy for reelection in November, 1974, to a new term of office commencing in January, 1965, in view of the enactment of § 3, chapter 14, Laws of 1973, 1st Ex. Sess.; if a nonlawyer is presently serving as an incumbent district court judge, however, such a nonlawyer may serve out the remainder of his present term of office ending in January, 1975.
AGLO 1977 No. 34 >  July 27, 1977
OFFICES AND OFFICERS - STATE - JUDGES OF THE SUPERIOR COURT - ELECTIONS - PROCEDURE TO FILL NEW JUDGESHIPS
OFFICES AND OFFICERS ‑- STATE ‑- JUDGES OF THE SUPERIOR COURT ‑- ELECTIONS ‑- PROCEDURE TO FILL NEW JUDGESHIPS

(1) An election will be required to be conducted on November 8, 1977, in connection with the several new superior court judgeships which, under Chapter 311, supra, will become effective on November 1, 1977.

(2) It is proper for filings to be accepted by the Secretary of State or the appropriate county auditors for those new superior court judgeships in accordance with RCW 29.18.030 during the week of July 25-29, 1977.

AGLO 1973 No. 50 >  April 30, 1973
ELECTIONS - OFFICES AND OFFICERS - STATE - LEGISLATORS
ELECTIONS ‑- OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATORS An incumbent member of the house of representatives now serving a two-year term to which he was elected in November, 1972, may be a candidate for an unexpired term in the state senate to be filled at the November 6, 1973, general election ‑ as also, may be either a house member thus elected in November of 1972 who later resigned that position to accept appointment to the senate, or a senator or representative now serving as such by appointment under Article II, § 15 (Amendment 52), supra.
AGLO 1973 No. 53 >  May 21, 1973
ELECTIONS - OFFICES AND OFFICERS - STATE - LEGISLATORS - SALARY
ELECTIONS ‑- OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATORS ‑- SALARY The salary applicable to the remainder of an unexpired legislative term filled by election in November, 1973, (as provided in chapter 4, Laws of 1973) will be $3,600 per annum, the same salary as was fixed by law at the commencement of that term.
AGLO 1973 No. 69 >  June 25, 1973
ELECTIONS - COUNTY - AUDITOR - RESIGNATION
ELECTIONS ‑- COUNTY ‑- AUDITOR ‑- RESIGNATION Where an incumbent county auditor elected in November of 1970, for a four-year term commencing in January of 1971, retired from that office on January 31, 1973, and was succeeded by a person appointed by the board of county commissioners in accordance with Article II, § 15 (Amendment 52) to the state Constitution, an election for the remainder of the unexpired term will be required on November 6, 1973, in accordance with § 1, chapter 4, Laws of 1973.
AGLO 1974 No. 55 >  May 10, 1974
OFFICES AND OFFICERS - COUNTY - ELECTIONS
TIME WHEN QUALIFICATION FOR ELECTIVE OFFICES MUST EXIST (1) In order to be a qualified "elector" in a county within the meaning of RCW 36.27.020, a person must have resided therein for 30 days and be otherwise eligible to be a registered voter, but he could not have actually registered to vote. (2) Under RCW 29.18.030, a person must possess all of the qualifications required by law for the office he is seeking at the time he files his declaration of candidacy.
AGLO 1974 No. 56 >  May 13, 1974
DISTRICTS - SCHOOLS - ELECTIONS - SCHOOL BOARD MEMBER - ELIGIBILITY
TRAVEL EXPENSES (1) In order to be eligible to the office of school board member a person must be a registered voter of the school district and remain an inhabitant of that area, but a mere temporary physical absence from a given area will not cause an inhabitant to cease to be one. (2) RCW 28A.58.310 contains no restriction upon payment of expenses to a school director by reason of the fact that the point of origin of whatever travel is necessary by him to attend a particular school board meeting is situated outside of the district.
AGLO 1974 No. 72 >  July 23, 1974
ELECTIONS - LEGISLATURE - FILING FEES
COMPUTATION OF LEGISLATORS' FILING FEES FOR 1974 ELECTIONS The filing fee to be paid by candidates for election to the state legislature at the November, 1974, state general election for terms commencing in January, 1975, is $38.00.
AGLO 1974 No. 75 >  July 31, 1974
CITIES AND TOWNS - ELECTIONS
TIME OF ELECTION TO FILL VACANCY ON CITY COUNCIL OF THIRD CLASS CITY A vacancy on the city council of a third class city occurring in June of 1974, is to be filled under RCW 35.24.100, by appointment until the November, 1975, municipal general elections; thereafter, it is to be filled by a person then elected for the remainder of the unexpired term, if any.
AGLO 1974 No. 97 >  November 19, 1974
COUNTIES - EMPLOYEES - ELECTIONS
POLITICAL ACTIVITIES OF COUNTY EMPLOYEES RCW 41.06.250, as amended by § 1, chapter 136, Laws of 1974, 1st Ex. Sess., in granting to the employees of the state or any political subdivision thereof the right to engage in certain described political activities, does supersede the provisions of § 560 of the King county charter to the extent that this charter provision is in conflict with the state statute as thus amended.
AGLO 1974 No. 103 >  December 9, 1974
ELECTIONS - POLITICAL PARTY
QUALIFICATION OF PARTY AS A MAJOR POLITICAL PARTY A political party does not become a "major" political party on a state‑wide [[statewide]]basis solely as a result of one of its candidates having received at least ten percent of the votes cast for the office of state representative within a single legislative district; however, the party does become a major political party under those circumstances insofar as the legislative district itself is concerned.
AGLO 1973 No. 114 >  December 28, 1973
INITIATIVE NO. 276 - ELECTIONS - FUNDS - POLITICAL COMMITTEE
CONTRIBUTIONS An organization dealing with its own funds does not become a "political committee" under RCW 42.17.020(22), merely by making contributions of those funds to or in support of a candidate for public office or ballot proposition; such an organization, however, will constitute a political committee if it receives contributions from others which, with the actual or constructive knowledge of the contributors, are set aside to be used for the support of such candidates or proposition.
AGO 2008 No. 7 >  September 19, 2008
COUNTIES - ELECTIONS - BOARD OF COUNTY COMMISSIONERS - PETITIONS - COUNTY SEAT
Authority to process petitions and canvass elections for the removal of a county seat 1.         The board of county commissioners is required to canvass petitions seeking to remove the county seat; the board may not delegate the discretionary elements of the canvassing process.  2.         Canvassing of signatures on a petition to remove the county seat by the board of county commissioners is action that must be taken at a properly called meeting as set forth in the Open Public Meetings Act.  3.         There is no statutory limit on the amount of time that may elapse between the date that a petition to remove a county seat is signed and the date when the petition is submitted to the county legislative authority.  4.         Signatures on a petition to remove the county seat may be withdrawn, and serial petitions adding signatures may be submitted, prior to the statutory deadline for filing any removal petition.
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