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AGO 1952 No. 279 - April 03, 1952
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Smith Troy | 1941-1952 | Attorney General of Washington

SPECIAL ELECTION FOR FORMATION OF A PORT DISTRICT‑-MAY BE HELD WHEN.

Special election for formation of a port district may be held on same date as state primary election.

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                                                                    April 3, 1952 

Honorable Murray E. Taggart
Prosecuting Attorney
Walla Walla County
Walla Walla, Washington                                                                                                             Cite as:  AGO 51-53 No. 279

 Dear Sir:

             We wish to acknowledge receipt of your letter of February 28, 1952, wherein you request our opinion on the following:

             "May a special election for the formation and creation of a Port District be called at the same time as a primary election for the final determination of the acceptance or rejection of the Port District within the county?"

             Our conclusion may be summarized by stating that a special election for the formation and creation of a port district may be called at the same time that the state primary election is held and this fact will not alter the character of such election as a special election.

                                                                      ANALYSIS

             Section 9691-1 Rem. Supp., 1941, provides:

             "In every port district the boundaries of which are coextensive with the county in which it is located, all elections for Port Commissioners  [[Orig. Op. Page 2]] shall be held at the same time as the general biennial election is held in such county:  Provided, That if the petition for organization of such port districts so requests, the first election of commissioners may be held at a special election, which shall be called and held in the manner provided by law for special organization elections for such port districts."

             This statute by express provision does not repeal any portion of Rem. Rev. Stat., § 9689 insofar as the procedure for formation of a port district is concerned.  Regarding the time when a special election may be called to vote on the creation of a port district, Rem. Rev. Stat., § 9689 provides in part:

             "At any general election or at any special election which may be called for that purpose, * * *"

             We do not find any provision of law which would prohibit the Board of County Commissioners from calling a special election for the formation of a port district, and fixing a date for said special election to coincide with the date the state primary election is held.  It is our opinion that the holding of said special election on the same date that the state primary election is held would not alter the character of said special election.  American Smelting Company v. Tacoma School District, 15 Wn. (2d) 1, 129 P. (2d) 531, and authorities there cited.

 Very truly yours,
SMITH TROY
Attorney General

C. R. NELSON
Assistant Attorney General

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