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AGO 1951 No. 473 - March 15, 1951
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Smith Troy | 1941-1952 | Attorney General of Washington

ELECTIONS ‑- PRECINCT BOUNDARIES ‑- IGNORING BOUNDARIES OF PORT DISTRICT IN ALTERING.

In establishing new precinct boundaries, County Commissioners may ignore boundaries of Port District.

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                                                                  March 15, 1951

Honorable Maloy Sensney
Prosecuting Attorney
Benton County
Fisk Building
Prosser, Washington                                                                                                  Cite as:  AGO 49-51 No. 473

Dear Sir:

            In your letter of February 14, 1951, you request our opinion as follows:

            "Please advise if, in establishing new precinct lines, the County Commissioners must avoid crossing the Port Commissioner District boundaries."

            You are advised that:

            In establishing new precinct boundaries, the County Commissioners may ignore existing Port District boundaries.

                                                                     ANALYSIS

            Under the provisions of Rem. Rev. Stat. 5171, it is required that:

            "* * * In establishing precincts it shall be the duty of the county commissioners and city councils and commissioners to fix the boundaries thereof so that each precinct shall be wholly in one senatorial or representative district, and one county commissioner's district."

             [[Orig. Op. Page 2]]

            We find no statutory provision which purports to direct that the County Commissioners shall be guided by the existing boundaries of Port Districts in the establishment of new precinct boundaries.  On the contrary, Rem. Rev. Stat. Supp. 9708-1 and 9708-2 would appear to place the burden upon the Commissioners of Port Districts to make such revision in the boundaries of Port Districts as may be required by reason of changes in precinct boundaries.

            We are, therefore, of the opinion that the County Commissioners may ignore existing Port District boundaries in altering precinct boundaries.

Very truly yours,

SMITH TROY
Attorney General

FRED L. HARLOCKER
Assistant Attorney General

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