Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1974 NO. 12 >

(1) In view of a recent ruling by the United States Supreme Court with respect to the constitutionality of filing fees in the case of indigent persons seeking to become candidates for public office, the requirements of RCW 29.18.050 are no longer constitutionally enforceable with respect to candidates for office in the state of Washington who wish to file for public office but who are unable to pay the filing fees prescribed by that statute. (2) The secretary of state has the authority under RCW 29.24.080 to adopt a rule or regulation requiring any candidate claiming to be unable to pay the fee required by RCW 29.18.050 for the particular office he is seeking to execute and file with his declaration of candidacy a supplemental affidavit attesting to that fact.

AGO 1968 NO. 12 >

(1) In order to be eligible to sign a petition to dissolve an irrigation district which has an outstanding bonded indebtedness, as provided for in RCW 87.53.030, a person must be a qualified elector under the general election laws and a freeholder of the district, as provided for in RCW 87.53.050. (2) A person must be registered under the state general election laws in order to be a qualified elector within the meaning of RCW 87.53.050. (3) A contract purchaser of land in an irrigation district under a forfeitable executory contract for the sale of real property is a "freeholder of the district" as that term is used in RCW 87.53.050.

AGO 1992 NO. 12 >

When the boundaries of a legislative district for the Office of State Senate have been changed by redistricting, a special election for the remainder of the existing senate term should be conducted in the newly redistricted senate district.  Candidates for that election must be residents of the new district as required by RCW 42.04.020.

AGO 1993 NO. 12 >

1.  RCW 42.17.125, which governs the personal use of campaign contributions, does not authorize the use of such contributions for nonreimbursed public office related expenses.2.  Prior to Initiative 134, RCW 42.17.095 authorized a public officer to use surplus campaign contributions for nonreimbursed public office related expenses.  Initiative 134 repealed this authority such that surplus campaign contributions can no longer be used for this purpose.3.   Although campaign contributions and surplus campaign contributions may not be used for nonreimbursed public office related expenses, a public office may solicit gifts for the specific purpose of defraying nonreimbursed public office related expenses.4.   If a public officer solicits gifts to defray nonreimbursed public office related expenses, such gifts must be reported to the Public Disclosure Commission pursuant to RCW 42.17.240 and .2415.

AGLO 1975 NO. 12 >

A ballot title for a school district excess levy election may exceed the twenty word limit set forth in RCW 29.27.060 only to the extent necessary to cause such title to be in compliance with RCW 84.52.054.

AGO 1973 NO. 12 >

RCW 29.18.140, which previously required the filing of certain reports of campaign contributions and expenditures made or incurred in connection with a campaign for nomination at a partisan election, has been repealed by § 50 of Initiative No. 276 (chapter 1, Laws of 1973); however, the provisions of RCW 29.85.270 which require all political advertising to be identified as to its sponsorship and the political party of the candidate (if any) remains in effect notwithstanding its apparent repeal by § 20 of Referendum Bill No. 25 because that referendum bill was totally repealed by § 50 of Initiative No. 276 before § 20 thereof had become effective.

AGO 1992 NO. 13 >

1.  Article 28 of the Washington Constitution (Amendment 78) provides that an independent salary commission shall set the salary for district court judges.  With regard to part-time district court judges, the commission has set the salary based on the proportion of full-time work for which the part-time judge is authorized.  The county legislative authority determines the proportion of work for which the part-time district court judge is authorized. 2.  Prior to 1991 the commission had not established a salary for part-time district court judges.  Amendment 78 provides that salaries in effect in 1987 shall remain in effect until changed by the commission.  Thus, part-time district court judge salaries were set pursuant to RCW 3.58.020 until 1991 when the commission changed the salary.  At that time, the salaries were properly set by the commission. 3.  RCW 3.46.060 provides that a nonattorney can seek election as a district court judge under certain circumstances.  A nonattorney district court judge can seek reelection if he or she is a registered voter of the district court district, and has been elected and has served as a district court judge.  A nonattorney district court judge with these two qualifications can seek reelection even if the population of the district is between 5,000 and 10,000.

AGO 1973 NO. 13 >

In the event that a sufficient number of petition signatures are obtained by June 6, 1973, to qualify Referendum Measure No. 36 for submission to the voters, this measure will be voted upon at the November 6, 1973, state general election provided for in chapter 4, Laws of 1973.

AGLO 1976 NO. 14 >

Constitutionality of the use of state funds to finance election campaigns; constitutional ability of the legislature to restrict campaign contributions so that persons might only contribute to a candidate if they are residents of the district which that candidate will represent if elected.

AGO 1990 NO. 14 >

RCW 35.02.078 provides for an election on the question of incorporation of a city or town. If incorporation is authorized, a separate election is held prior to the effective date of incorporation to elect persons to the offices prescribed by law. The newly incorporated city or town is not liable for the costs of electing city officials after the election on the question of incorporation but prior to the effective date of incorporation.