Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1975 NO. 4 >

The legislature may not by statute (as opposed to a constitutional amendment) require that any candidate filing for the office of governor must file and run jointly with a candidate for the office of lieutenant governor from the same political party, with the names of both candidates to be grouped together on the ballot and a vote for one to constitute a vote for both; and this would be so even if the legislature were to abolish the office of lieutenant governor as a constitutional office and reconstitute it as an office created by statute.

AGO 1995 NO. 4 >

1.  RCW 3.50.055, enacted in 1993 but effective January 1, 1995, requires certain municipal court judgeships to be filled by election as vacancies occur after January 1, 1995:  that is, any new positions created or vacancies occurring in existing positions (if they are covered by RCW 3.50.055) must be filled by election for the remainder of the current term, while duly appointed judges serving terms scheduled to end on January 1, 1998 may complete their current terms, but their successors will be chosen by election.  2.  RCW 3.50.055 was not intended to change the term for which municipal court judges serve; pursuant to RCW 3.50.040 and 3.50.050, all municipal court judges serve four-year terms beginning on January 1, 1986, and every four years thereafter.

AGO 1953 NO. 4 >

The election procedure prescribed for irrigation districts being exclusive, contains no provision allowing the challenge of an individual offering to vote at either annual or special election.

AGLO 1980 NO. 4 >

The provisions of RCW 36.57A.160 constitute the exclusive means by which a public transportation benefit area established pursuant to chapter 36.57A RCW may be dissolved.

AGO 2001 NO. 4 >

1.  By removing property qualification as a condition to voting in conservation elections, in Laws of 1999, ch. 305, the Legislature automatically made conservation districts subject to the general election laws codified in RCW Title 29.  2.  One effect of Laws of 1999, ch. 305, was to transfer responsibility for conducting conservation district supervisor elections from the districts themselves to the county auditors; this change does not constitute a “new program” or “increased level” of service entitling either the district or the county under RCW 43.135.060 to reimbursement from the state for the expenses of conducting such elections.

AGO 2000 NO. 4 >

1.  If a political campaign receives a loan from a commercial lending institution which meets the criteria set forth in RCW 42.17.720(3), and the loan is not guaranteed by any other person, the loan is exempt from the campaign contribution limitations set forth in RCW 42.17.640.  2.  In limiting the extent to which candidates may be reimbursed from campaign contributions for loans to their political campaigns, RCW 42.17.125(3) applies to funds borrowed by the candidate personally but used for campaign purposes and also to funds borrowed by the candidate's political committee but guaranteed by the candidate.

AGO 1975 NO. 5 >

Insofar as legal residence for voting purposes is concerned, and for all other purposes, the common-law rule that the domicile of a married woman is the same as that of her husband unless they are separated has been abrogated by the adoption of Article XXXI, § 1 (Amendment 61) of the Washington constitution, commonly referred to as the "equal rights" amendment.

AGO 1999 NO. 5 >

1. If a candidate for partisan office dies prior to either the primary or general election, and the candidate's party does not substitute another candidate, the deceased candidate's name should remain on the election ballot.   2. If a candidate for judicial or other nonpartisan office dies before the primary or general election, the candidate's name should remain on the ballot; if the deceased candidate gains the most votes, the result is a vacancy in the office, to be filled as provided by law for the office in question.   3. If the name of a deceased candidate appears on the ballot, votes cast for the deceased candidate should be counted; if the deceased candidate gains the most votes, the result is a vacancy in the office; the person with the second highest vote total is not entitled to a certificate of election.

AGO 1959 NO. 5 >

(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.

AGO 1984 NO. 6 >

Voter approval only constitutes a condition precedent to continuation of a port district tax levy under RCW 53.36.100, after the sixth year of the levy, in those instances where, in response to publication of the district's notice of intent to continue the levy, a sufficient petition in opposition thereto has been circulated and filed with the county auditor.