Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1970 NO. 19 >

(1) The provisions of chapter 259, Laws of 1969, Ex. Sess.(RCW 36.24.175) do not operate so as presently to divest incumbent county coroners of their offices if they are owners or employees of a funeral home or mortuary.(2) Those county coroners presently holding office who are subject to the provisions of § 3, chapter 259, Laws of 1969, Ex. Sess. (RCW 36.24.175) will not be eligible to commence new terms of office in January, 1971, if they are owners or employees of a funeral home or mortuary at that time.(3) An owner or employee of a funeral home or mortuary, including an incumbent coroner, is eligible to file and run at the forthcoming 1970 election for the office of coroner in one of the counties affected by § 3, chapter 259, Laws of 1969, Ex. Sess.

AGLO 1977 NO. 20 >

(1) A proposition for financing a proposed park and recreation district under chapter 36.69 RCW may not be placed on the ballot at the same time as an election held on the question of formation of such a district.

(2) The formation of a park and recreation district under chapter 36.69 RCW is not subject to the jurisdiction of a county boundary review board under chapter 36.93 RCW.

(3) Formation of a park and recreation district, by itself, would not affect the administration of preexisting county parks.

AGO 1977 NO. 21 >

A person holding a contract for the purchase of land situated within a diking district established pursuant to Chapter 85.05 RCW is thereby to be deemed an owner of land within such district for the purpose of determining his eligibility to vote in a diking district election in accordance with RCW 85.05.050.

AGO 1967 NO. 21 >

Persons registering to vote in Washington cannot currently be tested for literacy in the manner provided for in RCW 29.07.070 (13), in view of the provisions of the 1965 federal voting rights act (42 U.S.C., § 1971 (a)).

AGO 1991 NO. 22 >

1.  Charter cities, charter counties, noncharter first class cities and noncharter code cities have the authority to impose a limit on the number of terms a locally elected official can serve.   2.  Depending upon the provisions of their charter, charter cities and charter counties can adopt a term limitation as a charter provision by ordinance or through the initiative process.  Noncharter first class cities and noncharter code cities can only adopt a term limitation through the passage of an ordinance.

AGO 1992 NO. 22 >

In a charter city or charter code city the qualified voters may petition, asking for the adoption of a charter amendment.  If the petition meets the requirements of the statute, it will be placed on the ballot at the next general election.  It is not necessary under state law for a city council to pass a resolution directing the county auditor to place on the ballot a city charter amendment proposed by the people.

AGLO 1980 NO. 22 >

(1) The Island County auditor may not accept filings for the office of coroner to be placed on the 1980 primary and general election ballot solely on the basis of an assumption or anticipation that Island County will be reclassified as a third class county following completion of the 1980 federal census. (2) In the absence of reclassification of Island County on the basis of the federal census prior to the candidates' filing period set forth in RCW 29.18.030, it would be a prerequisite to placing the office of coroner on the ballot that the county commissioners first do what is contemplated by RCW 36.13.020, et seq., in order to cause Island County to become a third, instead of a fourth, class county.

AGO 1975 NO. 22 >

Pursuant to RCW 41.06.250(2) a municipal employee who is covered thereby may, even though governed by a local ordinance, charter provision, resolution or regulation purporting to provide to the contrary:  (1) Express his opinion openly and publicly on all political subjects, or on all candidates for either partisan or nonpartisan elective offices;  (2) Display political signs on his own property advocating the election of a candidate or candidates seeking either a partisan or nonpartisan office;  (3) Assemble or prepare political signs for candidates in support of their candidacies for partisan but not for nonpartisan offices;  (4) Install or affix such political signs for partisan but not for nonpartisan candidates in or on locations other than his own property with the permission of the owner of the property in question;  (5) Distribute campaign material, such as printed leaflets, brochures, etc., prepared by or for partisan but not for nonpartisan candidates, on a door-to-door basis.

AGLO 1978 NO. 24 >

(1) Where a committee which supported a successful candidate for an elective office during 1976 incurred a campaign deficit which remains unpaid at the time of the commencement of the same candidate's next succeeding, 1978, campaign (either for reelection or election to another office), the question of whether a separate bank account must be maintained for or on behalf of the candidate in connection with each such campaign in order to satisfy the applicable requirements of the public disclosure law, chapter 42.17 RCW, will (as in any case) be dependent upon whether the committee was established as an ordinary or as a continuing political committee.

(2) If it is necessary to maintain a separate depository for the 1978 campaign, contributions made to the 1978 campaign may nevertheless be used to repay a loan made by the candidate to his or her 1976 political committee free of the $2,000 per year ceiling contained in RCW 42.17.095(3).

AGO 1978 NO. 24 >

(1) If only one candidate files for a given district court position, a primary election will nevertheless be required to be held in accordance with the general provisions of chapter 29.21 RCW because neither RCW 29.21.015 nor Article IV, § 29 (Amendment 41) of the state constitution are applicable.  (2) If there is a contested primary election for the position of district court judge, the two candidates receiving the greatest number of votes are both to have their names placed on the general election ballot in accordance with RCW 29.21.150 even though one of those candidates receives a majority of the votes cast for the position at the primary.    (3) There is no statutory provision applicable to district court judges which requires that a candidate receive a given percentage of the total votes cast at a nominating primary in order to have his name appear on the general election ballot.  (4) Because of the inapplicability of RCW 29.21.010 to the election of district court judges, the names of candidates for that office need not be listed alphabetically on the primary ballot.  (5) For the same reason, there is no statutory requirement (insofar as the election of district court judges is concerned) that the various candidates' names appear on the general election ballot in sequence relating to the number of votes each candidate received in the primary election.