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AGO Opinions with Topic: LEGISLATOR
AGO 1962 No. 146 >  July 18, 1962
OFFICES AND OFFICERS - STATE - LEGISLATOR - EMPLOYMENT - POSITION COVERED BY STATE CIVIL SERVICE LAW - LEAVE OF ABSENCE - REINSTATEMENT REGISTER
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- EMPLOYMENT ‑- POSITION COVERED BY STATE CIVIL SERVICE LAW ‑- LEAVE OF ABSENCE ‑- REINSTATEMENT REGISTER (1) A member of the 37th legislature may accept an office or employment covered by the state civil service law provided the position is not a public office created by the 37th legislature or a public office the emoluments of which were increased by the 37th legislature provided the office is not incompatible with the office of a legislator or creates a conflict of interest. (2) A state employee or officer covered by the state civil service law may not engage in the management of partisan political campaigns, including his own, unless the campaign be one for a part-time public office in a political subdivision of the state.  Resignation or termination must precede engagement in the management of a campaign for legislative office. (3) A state employee who resigns his civil service position would be eligible for reinstatement provided he meets the requirements set forth in the merit system rule.
AGO 1976 No. 6 >  February 24, 1976
OFFICES AND OFFICERS - STATE - LEGISLATOR - RECEIPT OF COMPENSATION FOR ASSISTANCE IN PREPARATION OF LEGISLATION
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- RECEIPT OF COMPENSATION FOR ASSISTANCE IN PREPARATION OF LEGISLATION (1) Circumstances under which a state legislator will be guilty of receiving unlawful compensation under RCW 9A.68.030(1)(a) if, in his official capacity as an employee of either a private or other public agency (i.e., outside of his legislative employment), he gives advice or other assistance on legislation upon which he may later be required to testify or vote in the legislature.  (2) Circumstances under which the private or other public employer of such a legislator will be guilty of granting unlawful compensation under RCW 9A.68.030(1)(b) for paying the legislator for advice or other assistance in preparing or promoting a bill upon which the legislator may later be required to testify or vote in the legislature.
AGO 1985 No. 1 >  January 7, 1985
OFFICES AND OFFICERS - STATE - LEGISLATOR
APPOINTMENT OF COUNTY COMMISSIONER TO VACANCY IN MULTI-COUNTY LEGISLATIVE POSITION If a vacancy occurs in one position of a House of Representatives district which encompasses two counties and part of a third county, the boards of county commissioners of the three counties, acting jointly pursuant to Wash. Const. Art. II, § 15 (Amendment 52), may not appoint one of their own members to fill such vacancy.
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 1985 No. 15 >  September 13, 1985
OFFICES AND OFFICERS - STATE - LEGISLATOR
APPOINTMENT OF FORMER COUNTY COMMISSIONER TO VACANCY IN MULTI-COUNTY LEGISLATIVE POSITION A former member of a board of county commissioners is eligible for appointment to a vacant Senate seat if the former commissioner has resigned prior to the appointment, the resignation is made without qualification and there is no pre‑arranged agreement that the former member will be appointed.
AGO 1985 No. 16 >  September 25, 1985
OFFICES AND OFFICERS - STATE - LEGISLATOR
APPOINTMENT TO FILL VACANCY IN MULTI-COUNTY LEGISLATIVE POSITION ‑- NUMBER OF VOTES TO BE CAST BY LEGISLATIVE BODY OF A HOME RULE COUNTY When a vacancy occurs in a joint legislative district located partly in a home rule county governed by a legislative body consisting of more than three members, and partly in a county governed by a three‑member board of county commissioners, each county is entitled to cast three votes in the appointment process.
AGO 1978 No. 3 >  January 26, 1978
OFFICES AND OFFICERS - STATE - LEGISLATOR - SALARIES - SALARIES PAYABLE TO PERSONS APPOINTED OR ELECTED TO SENATE VACANCIES
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- SALARIES ‑- SALARIES PAYABLE TO PERSONS APPOINTED OR ELECTED TO SENATE VACANCIES (1) A person who is either appointed or elected to an unexpired term to which the $3,800 per year salary provided for by chapter 149, Laws of 1974, 1st Ex. Sess., is applicable is constitutionally prohibited from being paid at the increased salary rate ($7,200 per annum) provided for by § 1, chapter 113, Laws of 1975-76, 2nd Ex. Sess. at any time during the remainder of the Senate term to which he or she is thus appointed or elected.  (2) A person who is either appointed or elected to a Senate vacancy to which the $7,200 per annum rate provided for in chapter 113, supra , is currently applicable is constitutionally prohibited from being paid at the further increased rate of $9,800 per annum, under § 1, chapter 318, Laws of 1977, 1st Ex. Sess. at any time during the remainder of such an unexpired term.  (3) Each of the foregoing conclusions is equally applicable in those instances in which the person so appointed or elected to a Senate vacancy is, at the time of the appointment or election, an incumbent member of the state House of Representatives.
AGO 1987 No. 21 >  October 21, 1987
OFFICES AND OFFICERS - STATE - LEGISLATOR
NOMINATION OF COUNTY COMMISSIONER TO VACANCY IN MULTI-COUNTY LEGISLATIVE POSITION A member of a board of county commissioners (which county is within the joint legislative district) is not eligible to be nominated by a state central committee to fill a legislative vacancy from a joint legislative district.
AGO 1975 No. 23 >  November 14, 1975
OFFICES AND OFFICERS - STATE - COUNTY - CITY - GOVERNOR - LEGISLATOR - COUNTY COMMISSIONERS
USE OF OFFICE FACILITIES TO PROMOTE PASSAGE OR DEFEAT OF BALLOT PROPOSITIONS.

(1) Although a state legislator may, at public expense, inform his constituents on matters pending, proposed, enacted or defeated by the legislature (including the legislator's own views and/or voting record on such matters), such a legislator is prohibited by RCW 42.17.130 from using the facilities of his office or expending funds appropriated for legislative purposes to persuade or attempt to persuade his constituents or other persons to vote one way or another on a statewide ballot proposition; the question of whether a particular communication is or is not in violation of this statute will depend upon all of the facts of each case including, particularly, the timing thereof as related to the time of the election at which the measure or measures are to be voted upon.  (2) The governor, because of his constitutional responsibility to communicate with the legislature in order to ". . . recommend such measures as he shall deem expedient for their action," may use the facilities of his office to explain, or even, to some extent, to advocate, his official position on a statewide ballot measure pending before the people in their legislative capacity; in the case of other officers of the executive branch of the government, however, the legality of such action will depend upon the constitutional or statutory authority of the particular officer and the relationship of the ballot measure involved to the functions and duties of the office in question.  (3) These same principles also apply, with certain qualifications,21,, to officers of the legislative or executive branches of counties, cities and towns, with respect to comparable local ballot measures.

 

AGLO 1978 No. 17 >  May 30, 1978
OFFICES AND OFFICERS - STATE - LEGISLATOR - PUBLIC UTILITY DISTRICT - APPOINTMENT OR ELECTION OF LEGISLATOR TO PUD COMMISSION
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- PUBLIC UTILITY DISTRICT ‑- APPOINTMENT OR ELECTION OF LEGISLATOR TO PUD COMMISSION An individual who was serving as a member of the state House of Representatives at the time chapter 157, Laws of 1977, 1st Ex.Sess. was enacted may lawfully be elected, in November of 1978, to fill the then existing remainder of an unexpired term in the office of public utility district commissioner.
AGLO 1977 No. 23 >  June 9, 1977
OFFICES AND OFFICERS - STATE - LEGISLATOR - SALARIES - ELIGIBILITY FOR ELECTION OR APPOINTMENT UNDER ARTICLE II, § 13 OF THE STATE CONSTITUTION
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- SALARIES ‑- ELIGIBILITY FOR ELECTION OR APPOINTMENT UNDER ARTICLE II, § 13 OF THE STATE CONSTITUTION

(1) The provisions of Article II, § 13 of the state constitution would not prevent an incumbent state representative elected in November of 1976 from being appointed or elected to the state senate for the remainder of an unexpired term regardless of whether or not a salary increase bill is enacted by the legislature at its current session since any such increase could not constitutionally take effect until the commencement of a new term of office.

(2) The filing fee to be paid under RCW 29.18.050 by a candidate seeking election to the state senate from the 33rd district for the remainder of the current unexpired term will be $38.00.

AGLO 1973 No. 101 >  October 24, 1973
OFFICES AND OFFICERS - STATE - LEGISLATOR - COUNTY COMMISSIONERS - VACANCY IN OFFICE
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- COUNTY COMMISSIONERS ‑- VACANCY IN OFFICE (1) A board of county commissioners may not appoint one of its members to fill a vacancy in the state House of Representatives.
 
(2) If a county commissioner were to resign for the sole purpose of accepting an appointment to the House of Representatives under a prior agreement to that effect with the board of which he was a member, the member would still be ineligible for the appointment notwithstanding his resignation.
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