Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1975 NO. 25 >

Under RCW 29.13.050, which has impliedly amended the preexisting provisions of RCW 57.12.030, the term of office of a water district commissioner elected on the first Tuesday following the first Monday in November of an odd-numbered year is to begin as of noon on the second Monday in January following his election.

AGO 1973 NO. 26 >

It is not a violation of § 13 of Initiative No. 276 (RCW 42.17.130 for the board of directors of a school district to allow the facilities of that district to be used by others on a nondiscriminatory basis for the conduct of meetings at which members of the legislature, or others, appear and speak either in favor of, or in opposition to pending ballot proposals or candidates for election to public office.

AGLO 1982 NO. 27 >

An individual, upon becoming a judge or justice within the state judicial system by reason of his or her election to such office, should be deemed to be subject to the jurisdiction of the Judicial Qualifications Commission and to possible disciplinary action by the Supreme Court under Article IV, § 31 (Amendment 71) of the state constitution for a violation of Canon 7 of the Code of Judicial Conduct occurring during the election campaign and prior to the individual becoming a judge.

AGLO 1976 NO. 27 >

RCW 42.17.030-42.17.120 and RCW 42.17.240 are inapplicable to candidates seeking election to United States Senate or House of Representatives because of the federal preemption contained in Public Law 93-443.

AGLO 1974 NO. 28 >

A nonlawyer who is currently serving as a full-time district court judge in a first class county may not file a declaration of candidacy for reelection in November, 1974, to a new term of office commencing in January, 1965, in view of the enactment of § 3, chapter 14, Laws of 1973, 1st Ex. Sess.; if a nonlawyer is presently serving as an incumbent district court judge, however, such a nonlawyer may serve out the remainder of his present term of office ending in January, 1975.

AGO 1978 NO. 29 >

The extent of voter approval required in order for a taxing district to exceed the statutory limitation on levy rates established by RCW 84.55.010 through 84.55.040 is a simple majority in accordance with RCW 84.55.050.

AGO 1968 NO. 30 >

Where the board of directors of a school district, by appropriate resolution, calls a special election for submission to the voters of a proposition to levy ad valorem property taxes in excess of the constitutional forty mill limit, and presents this resolution to the county auditor at least forty-five days prior to the election date specified therein, it is not necessary for the auditor to find the existence of an emergency in order to hold the election on the date fixed by the school board.

AGO 1991 NO. 31 >

1.  RCW 66.04.030 permits a local option election unit to conduct an election in the question of whether the sale of liquor under a class H license should be permitted within the election unit.  The boundaries of the local option election unit are the city or town or unincorporated portion of the county in which the unit is located.  If the voters approve the proposition, it is unlawful to sell spirituous liquor by the drink within the local option election unit.   2.   When a city annexes new territory, the general rule is that the authority of the city extends over the new territory.  However, cities are not granted the power to restrict the sale of liquor.  That power is granted to the voters of a local option election unit.  Annexation does not make the new territory a part of the local option election unit.  The prohibition on liquor sale is limited to the corporate limits of the city as it existed at the time of the local option election.  Thus, when "wet" territory is annexed into a city that contains a "dry" local option election unit, it does not become "dry" by reason of the annexation.

AGLO 1978 NO. 31 >

Under the provisions of RCW 56.02.100 and related statutes, only persons who own land within a sewer district which proposes to merge with an irrigation district in which it is contained will be qualified to vote on the question; however, this requirement could be subject to a possible constitutional challenge.

AGO 1967 NO. 33 >

None of the constitutional amendments which were proposed by the 1967 legislature are to be submitted to the voters for their approval or rejection at the November 7, 1967, election; rather all of these measures are to be submitted to the voters at the November 5, 1968, state general election.