(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.
A special session of the legislature when convened by the governor is a new session and not a continuation of the regular session; therefore, at the special session bills to be constitutionally enacted must be introduced, (Article II, § 20; AGO 65-66 No. 10) passed separately by both houses, (Article II, § 22) be signed by the presiding officers, (Article II, § 32) and be presented to the governor (Article III, § 12).
It is our opinion that the justice court district act (RCW 3.14.010 and RCW 3.14.030) is an unconstitutional delegation of legislative power, both as it relates to the determination of the number of justices of the peace to be elected and to the qualifications of candidates for such office. It also violates Amendment 21 of the state constitution relating to uniformity in county government.
Lease of office space for state department can lawfully be executed for term longer than biennium; but state will not be bound thereby if legislature refuses to make appropriation therefor, or discontinues the department involved.
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.