Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1997 NO. 8 >

1.  Whenever a general election is conducted in an even-numbered year, any party with a candidate drawing five percent of the vote for any partisan statewide state or federal office qualifies as a "major party"; this designation holds until an election occurs in an even-numbered year in which one or more statewide partisan offices appear on the ballot and the party in question fails to gain five percent of the vote for any of its statewide candidates.  2.  For a newly qualified major political party, the first election of precinct committee officers will occur at the next general election occurring in an even-numbered year.  3.  If a party is not organized pursuant chapter 29.42 RCW, but is newly qualified as a major political party, it may designate the governing body or officers who will perform the functions assigned by law to the county or state committees of a major political party.  4.  The provisions of RCW 29.45.010(4) restrict membership on a three-person election board to members of the parties whose candidates polled the greatest and the next greatest number of votes in a particular county.

AGLO 1982 NO. 8 >

(1) The residents of the Town of McCleary who are registered voters therein remain entitled (under the facts of this opinion) to participate in the election of Grays Harbor Public Utility District No. 1 commissioners even though the town operates its own electrical system. (2) Property situated within the Town of McCleary may not be taxed to construct, purchase or support the public utility district's electrical system, so long as the town continues to own or operate its own electrical utility.

AGO 1959 NO. 8 >

Where an incumbent county treasurer is re‑elected [[reelected]] and dies before the commencement of the new term an appointee filling the vacancy holds office from the date of appointment until the next general election and until a successor is elected and qualified.

AGO 1995 NO. 9 >

1.  If a vacancy occurs in a municipal court position established under Chapter 35.20 RCW (cities of over four hundred thousand population), or Chapter 3.50 RCW (all other cities), the vacancy will be filled by appointment for the remainder of the term, with no midterm special election.  2.  If a vacancy occurs in a municipal department of a district court operating pursuant to Chapter 3.46 RCW, the vacancy in the district court position will be filled by appointment by the county legislative authority with subsequent special election for the remainder of the term served (but any such election must occur only in an even-numbered year); the city will subsequently decide which judges on the district court will be designated as municipal department judges.  3.  If a city creates a new municipal court position or a new municipal department position, to take effect during the term prescribed by statute for such positions, the new position will be filled in the same manner as if a vacancy had occurred in an existing position in the same court.  4.  If a city creates a new municipal court position pursuant to Chapter 3.50 of Chapter 35.20 RCW, effective as of the beginning of the next statutory term for such a judgeship, the initial judge will be chosen by election if it is a full-time position or a part-time position covered by RCW 3.50.055; otherwise, the city may elect to make the position elective or appointive.  5.  If a city creates a new municipal department position within a district court pursuant to Chapter 3.46 RCW, and the judge is to serve the municipal department full-time, and the position will take effect with the beginning of the next term for district court judges, the initial judge will be nominated and elected in the manner for district court judges but with only electors of the city voting for the position.  6. If a city creates a new municipal department position within a district court pursuant to Chapter 3.46 RCW, to take effect with the beginning of the next term for district court judges, and the judge is to serve the municipal department part-time, the city may either designate an existing district judge to serve the municipal department, or provide that a new district judge nominated and elected by the judicial district will serve in the new municipal department position.

AGLO 1977 NO. 9 >

Where a port district has submitted to its voters a proposal for the issuance of general obligation bonds under RCW 53.36.030, and in order to fund those bonds has, as a part of the same proposition, sought approval by the voters of an increase in the aggregate limitation upon regular property taxes above that described in RCW 84.55.010 the entire proposition must be deemed to have been defeated by the failure of at least 60% of the voters to have cast affirmative votes.

AGO 1982 NO. 10 >

The board of county commissioners of a fifth through ninth class county may not, simply by making a public announcement to that effect prior to the period for candidates' filings, cause the office of county prosecuting attorney to become a full-time office so as to prohibit the candidate then duly elected to that office from thereafter engaging in the private practice of law.

AGO 1998 NO. 10 >

When a code city has conducted an election on the question of abandonment of plan of government pursuant to chapter 35A.06 RCW, and the result of the election was to retain the city's current plan of government, there is no statutory “waiting period” before another election on the same question may be conducted.

AGO 1971 NO. 10 >

(1) Article VI, § 4 of the Washington Constitution does not prevent a student in school from establishing a voting residence where he is living while attending school if he has an actual intent to establish that place as his home either permanently or indefinitely for an appreciable period of time.(2) The existing law regarding the voting residence of students would not be materially changed by the enactment of a statute providing that students attending any institution of learning may be registered to vote where they reside in the vicinity of such institution if they declare that they have no present intention to move to any other voting area.

AGO 1982 NO. 11 >

Although additional port commissioners may be elected under RCW 53.12.120 as amended by § 1, chapter 219, Laws of 1982 at a special election conducted in November of 1982 (rather than waiting for the next port district general election in November of 1983), the terms of those additional commissioners, if they are so elected, will, nevertheless, not commence until January 1, 1984 since that is ". . . the date provided by law for port commissioners to next commence their terms of office"; in turn, their successors will then be elected in November of 1987 and 1989, respectively, at the same time as other port commissioners, generally, are elected.

AGO 1983 NO. 11 >

In providing the state central committee of each major political party with a duplicate copy of the master state‑wide computer tape or data file of registered voters ". . . at actual duplication costs, . . ." as required by RCW 29.04.160, the Secretary of State may not include in the charge the amounts his office was required to pay each county, in accordance with RCW 29.04.150, for a duplicate computer tape or data file of its records of registered voters in that county.