Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1981 NO. 6 >

In view of the enactment of a legislative redistricting plan by chapter 288, Laws of 1981, a certain legislative vacancy resulting from the resignation of an encumbent on May 1, 1981, is first to be filled by appointment, under Article II, § 15 (Amendment 52) of the state constitution, on the basis of the "old" district represented by the vacating encumbent; however, when a successor is elected at the November, 1981 state general election, the basis for that election will be the "new" district to which the vacating legislator was assigned under the redistricting act.

AGO 1965 NO. 14 >

In the event of a vacancy in either house of the Washington state legislature prior to the date of commencement of new legislative terms of office under chapter 6, Laws of 1965, the person appointed to fill the vacancy for the remainder of the unexpired term must be from the same political party as the legislator whose office was vacated and he must reside somewhere within the geographical area which comprised the legislative district from which his predecessor was elected or appointed.

AGO 1967 NO. 32 >

(1) No member of the 40th legislature is eligible, during his current term of office, to serve as a member of the board of trustees of Southwestern Washington State College or as a member of the Washington State Arts Commission. (2) Members of the 40th legislature are not constitutionally ineligible for appointment, during their present terms of office, to  (a) the Education Commission of the States; (b) the Judicial Council; (c) the 1967 World Fair Commission; and (d) the Senate, House, or Joint Boards of Legislative Ethics. (3) In those instances where legislators are constitutionally ineligible to serve, during the remainder of their present terms, in a civil office created by the 40th legislature, the appointing authority may fill the position by appointment of some other person who is eligible to serve in the office instead of the one determined to be ineligible.

AGO 1966 NO. 72 >

(1) In designating positions to be filled in the house of representatives from multimember districts at the 1966 general election , the secretary of state or a county auditor, as the case may be, is required, under § 1, chapter 52, Laws of 1965, to "designate the positions to be filled by consecutive number commencing with the 'No. 1'"; however it is neither necessary nor proper for such election officers to additionally designate in the notice of election or elsewhere "who these positions are now held by" since no incumbent representatives can be correctly described as presently holding office in any of the fifty-six new legislative districts created by the reapportionment act of 1965 (chapter 6, Laws of 1965)‑-nor are any of these newly established positions within multimember legislative districts in fact now held by anyone. (2) In legislative elections subsequent to 1966, the additional designation of "who the position is now held by" will not be required but will be legally proper since incumbent members of the house of representatives will then in fact have previously been elected from legislative districts and positions established by the 1965 legislature (until such time as there is enacted another new redistricting law).