Letter Opinion 1970 No. 096

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                                                                   June 25, 1970
 
 
 
Honorable Arlie U. DeJarnatt
State Representative, 18th District
1215 23rd Avenue
Longview, Washington 98632
                                                                                                               Cite as:  AGLO 1970 No. 96
 
 
Dear Sir:
 
            This is written in response to your recent letter requesting our opinion on a question which we paraphrase as follows:
 
            Under the provisions of Article XI, § 4 (Amendment 21) of the Washington Constitution, must a person, in order to qualify for selection to a board of freeholders elected to prepare a proposed county charter, be a holder of property situated within the county from which he seeks election?
 
            We answer this question in the affirmative for the reasons set forth below.
 
                                                                     ANALYSIS
 
            The authority of any county to frame a "home rule charter" for its government was granted by the people through their adoption of Amendment 21 to our state Constitution at the November, 1968 general election.  This constitutional provision provides, in material part, as follows:
 
            "Any county may frame a 'Home Rule' charter for its own government subject to the Constitution and laws of this state, and for such purpose the legislative authority of such county may cause an election to be had, at which election there shall be chosen by the qualified voters of said county not less than fifteen (15) nor more than twenty-five (25) freeholders thereof, as determined by the legislative authority, who shall have been residents of said county for a period of at least five (5) years preceding their election and who are themselves qualified electors, whose duty it shall be to convene within thirty (30) days after their  [[Orig. Op. Page 2]] election and prepare and propose a charter for such county.  . . ."  (Emphasis supplied.)1/
 
             Clearly, to be a freeholder, one must be the owner of either legal or equitable title to real estate.  Daniels v. Fossas, 152 Wash. 516, 278 Pac. 412 (1929), and cases cited therein.  See, also, AGO 1968 No. 12, copy enclosed.  Your specific question, as we understand it, is whether the real property in which a prospective county freeholder owns this required interest must be situated within the county in which he seeks to be elected.

 
            The critical language in Amendment 21, supra, is the phrase "freeholder thereof."  Read in context, we have no doubt that this phrase means "freeholder of the county."  While we have found no decisions of the Washington supreme court construing this phrase, a number of decisions from other states have been located.  Uniformly, these decisions are to the effect that such phrases as "freeholder of such city or county," "freeholders of the county," or "freeholders of a municipality," appearing in statutory or constitutional provisions relating to eligibility to sign petitions, or to serve in certain offices, etc., mean that the prospective freeholder, in order to be eligible, must own an interest in real property located within the geographical area of the city or county which he is seeking to serve.  See, e.g., Matthews v. The People, 159 Ill. 399, 42 N.E. 864 (1896); Rix v. Johnson, 5 N.H. 520, 22 Am. Dec. 472 (1831); Thornton v. McElroy, 193 Ga. 859, 20 S.E. 2d 254 (1942); and State ex rel. Cain v. Toomey, 27 S.D. 37, 129 N.W. 563 (1911).
 
            While our own supreme court, were it faced with the question, would not necessarily be bound by these decisions of other jurisdictions, we would regard them as being most persuasive.  Based thereon, we have no hesitation in concluding that, in our opinion, a person, in order to be a freeholder of a county within the meaning of Article XI, § 4 (Amendment 21) to our state Constitution, supra, must be the owner of either legal or equitable title to real property situated within the county from which he is seeking election.
 
             [[Orig. Op. Page 3]]    It is hoped that the foregoing will be of assistance to you.
 
Very truly yours,
 
SLADE GORTON
Attorney General
 
 
PHILIP H. AUSTIN
Assistant Attorney General
 
 
                                                         ***   FOOTNOTES   ***
 
1/Alternatively, under a later paragraph of the constitutional amendment, the establishment of a board of freeholders to prepare and propose a county charter may be initiated by a petition signed by at least ten percent of the registered voters of a county ". . . calling for an election of freeholders . . ."