AGO Opinion Topics: VACANCY

1. If the county commission appoints a person to fill a vacancy in the office of county prosecuting attorney within 60 days of the vacancy occuring, but the appointee declines to accept the position, the authority to fill the vacancy does not transfer to the governor 60 days after the initial vacancy arose.
2. If an individual appointed by a county commission to fill a vacancy in the office of county prosecuting attorney declines to accept the position, the county commission may request that the relevant political party provide a new list of three nominees.
3. The county commission lacks the authority to appoint a person who has not been nominated by the relevant political party to fill a vacancy in the office of county prosecuting attorney.
4. If the county commission appoints an individual who has not been nominated by the relevant political party to fill a vacancy in the office of county prosecuting attorney, that individual lacks the legal authority to act as prosecuting attorney.

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.

In view of the enactment of a legislative redistricting plan by chapter 288, Laws of 1981, a certain legislative vacancy resulting from the resignation of an encumbent on May 1, 1981, is first to be filled by appointment, under Article II, § 15 (Amendment 52) of the state constitution, on the basis of the "old" district represented by the vacating encumbent; however, when a successor is elected at the November, 1981 state general election, the basis for that election will be the "new" district to which the vacating legislator was assigned under the redistricting act.

In a school district which has been divided into school director districts under RCW 28A.57.050, a school director's voluntary change of his place of residence and voting registration from one director district to another within the school district disqualifies him from continuing to serve for the remainder of the term for which he was elected because of the continuing qualification provisions now contained in RCW 28A.57.318.

In a school district which has been divided into school director districts under RCW 28.57.050, a school director's voluntary removal of his place of residence from one director district to another within the school district does not disqualify him from continuing to serve for the remainder of the term for which he was elected.

In the event of a vacancy in either house of the Washington state legislature prior to the date of commencement of new legislative terms of office under chapter 6, Laws of 1965, the person appointed to fill the vacancy for the remainder of the unexpired term must be from the same political party as the legislator whose office was vacated and he must reside somewhere within the geographical area which comprised the legislative district from which his predecessor was elected or appointed.

(1) A member of a county board of education disqualifies himself from holding that office by changing his residence from the board-member district from which he was elected to another board-member district (and school district) wherein another member of the board resides. (2) Same :  Such disqualification of a county board member automatically creates a vacancy in said office.

Appointment by Governor prior to date of calling or holding a special election for filling in office of Superior Court Judge is not a condition precedent to the calling and holding of such election.

Statutory qualifications for irrigation director are continuing during incumbency and disqualification of director subjects such office to declaration of vacancy by proper authorities unless disqualification be removed prior to such declaration.

The death of a newly elected member of the House of Representatives subsequent to his election, but prior to this taking of office on the second Monday in January following his election, does not create any vacancy in the office at the time of his death, but the county commissioners may make a prospective appointment now to take effect January 8, 1951, so long as the county commissioners are not interfering with the rights and prerogatives of their successors, should there be any, taking office January 8, 1951.