Letter Opinion 1971 No. 099

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                                                                 August 26, 1971
 
 
 
Honorable Herbert H. Davis
Prosecuting Attorney
Benton County
P.O. Box 510
Prosser, Washington 99350                                                             Cite as:  AGLO 1971 No. 99 (not official)
 
 
Dear Sir:
 
            This is written in response to your recent request for our opinion on two questions which we paraphrase as follows:
 
            (1) May the same person simultaneously run as a candidate for election to the offices of intermediate school district director and director of a school district located within such intermediate school district?
 
            (2) If elected to both offices, could the individual in question simultaneously serve therein?
 
                                                                     ANALYSIS
 
            We answer both of the foregoing questions in the negative.
 
            Question (1):
 
            In order for the same person to run for the offices of intermediate school district director and of director of a school district located therein at the same election, it would be necessary for such person's name to appear twice on the same general election ballot.  However, RCW 29.30.080 (6), as amended by § 1, chapter 18, Laws of 1971, expressly provides that:
 
            "No candidate's name shall appear more than once upon the ballot, unless the name appears once for the office of precinct committeeman, in which case the name may appear not more than twice:  PROVIDED, That any candidate who has been nominated by two or more political parties may, upon a written notice filed with the county auditor at least twenty days before the election is to be held, designate the political party under whose title he desires to have his name placed."
 
             [[Orig. Op. Page 2]]
            Therefore, your first question must, in our judgment, be answered in the negative.
 
            Question (2):
 
            The foregoing answer to your first question may largely be regarded as rendering your second question moot.  However, the answer thereto is, in any event, quite clear.
 
            RCW 28A.21.030, as amended by § 3, chapter 282, Laws of 1971, 1st Ex. Sess., expressly provides that:
 
            ". . .
 
            "No person shall serve as an employee of a school district or as a member of a board of directors of a common school district or as a member of the state board of education and as a member of an intermediate school district board at the same time."
 
            We trust that the foregoing will be of assistance to you.
 
Very truly yours,
 
FOR THE ATTORNEY GENERAL
 
 
Philip H. Austin
Deputy Attorney General