S-1384.1
SUBSTITUTE SENATE BILL 5709
State of Washington 68th Legislature 2023 Regular Session
By Senate Local Government, Land Use & Tribal Affairs (originally
sponsored by Senators Torres, Hunt, Schoesler, and Dozier)
READ FIRST TIME 02/17/23.
1 AN ACT Relating to irrigation district elections; amending RCW
2 87.03.031, 87.03.032, 87.03.033, 87.03.045, 87.03.051, 87.03.071,
3 87.03.075, 87.03.085, and 87.03.105; adding new sections to chapter
4 87.03 RCW; and prescribing penalties.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 Sec. 1. RCW 87.03.031 and 2013 c 23 s 481 are each amended to
7 read as follows:
8 Any qualified district elector ((who certifies as provided in RCW
9 87.03.032 through 87.03.034 that he or she cannot conveniently be
10 present to cast his or her ballot at his or her proper election
11 precinct on the day of any irrigation district election)) shall be
12 entitled to vote by absentee ballot ((in such election)) in the
13 manner herein provided.
14 Sec. 2. RCW 87.03.032 and 2013 c 23 s 482 are each amended to
15 read as follows:
16 (1) The notice of election shall conform to the requirements for
17 election notices provided by ((Title 87 RCW)) this chapter for the
18 election being held, and shall specify ((in addition)) that any
19 qualified district elector ((who certifies that he or she cannot
20 conveniently be present at his or her proper election precinct on the
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 1 day of election)) may vote by absentee ballot, and that a ballot and
2 form of certificate of qualifications will be furnished to him or her
3 on written request being made of the district's secretary. The
4 requisite ballot and a form of certificate of qualifications shall be
5 furnished by the district's secretary to any person who prior to the
6 date of election makes written request therefor, stating that he or
7 she is a qualified district elector. Such ballot and form may be
8 furnished also to qualified district electors in any way deemed to be
9 convenient without regard to requests having been made therefor.
10 (2) The board of directors may by adoption of a resolution choose
11 to conduct an election using only mail-in ballots in lieu of polling
12 places and absentee ballots. The district shall provide ballots to
13 qualified electors derived from its assessment roll, toll and charge
14 roll, or other district records and may also use the county
15 assessor's or other public records to assist in determining qualified
16 electors. Ballots will be in the same format as provided in RCW
17 87.03.033. Persons or entities who have not received a ballot and
18 believe they are qualified electors may provide documents
19 demonstrating they are qualified electors at the district main office
20 by the close of business on the day before the election and receive a
21 ballot if qualified to vote in the election.
22 Sec. 3. RCW 87.03.033 and 2013 c 23 s 483 are each amended to
23 read as follows:
24 (1) To be counted in a given election, an absentee ballot or
25 ballots in a mail-in election must conform to these requirements:
26 (a) It must be sealed in ((an unmarked)) a security envelope,
27 which may provide instructions for completing the ballot and which
28 position is being contested, but have no other marks that would
29 identify the elector, and then be placed in an additional outer
30 envelope and delivered to the district's principal office prior to
31 the close of the polls on the day of that election; or be ((sealed in
32 an unmarked envelope and)) mailed to the district's secretary,
33 postmarked not later than midnight of that election day and received
34 by the secretary within ((five)) seven days of that date.
35 (b) To ensure secrecy of the vote, the security envelope must be
36 sealed within an additional outer envelope, requiring the ballot to
37 be provided with two envelopes for ballot return.
38 (c) The sealed envelope containing the ballot shall be
39 accompanied by a certificate of qualifications stating, with respect
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 1 to the voter, his or her name, age, citizenship, residence, that he
2 or she holds title or evidence of title to lands within the district
3 which, under ((RCW 87.03.045)) this chapter entitles him or her to
4 vote in the election((, and that he or she cannot conveniently be
5 present to cast his or her ballot at his or her proper election
6 precinct on election day)).
7 (((c))) (d) The statements in the certificate of qualifications
8 shall be certified as correct by the voter by the affixing of his or
9 her signature thereto ((in the presence of a witness who is
10 acquainted with the voter, and the voter shall enclose and seal his
11 or her ballot in the unmarked envelope in the presence of this
12 witness but without disclosing his or her vote. The witness, by
13 affixing his or her signature to the certificate of qualifications,
14 shall certify that he or she is acquainted with the voter, that in
15 his or her presence the voter's signature was affixed and the ballot
16 enclosed as required in this paragraph)), certifying under penalty of
17 perjury that he or she meets the qualifications to vote.
18 (2) The form of statement of qualifications and its certification
19 shall be substantially as prescribed by the district's board of
20 directors. The district may print the statement of qualifications on
21 the outer envelope in lieu of including a separate statement of
22 qualifications form. This form may also provide that the voter shall
23 describe all or some part of his or her lands within the district
24 which, under ((RCW 87.03.045)) this chapter entitles him or her to
25 vote in the election, but a voter otherwise qualified shall not be
26 disqualified because of the absence or inaccuracy of the description
27 so given. The regular form of irrigation district ballot shall be
28 used by absentee voters.
29 Sec. 4. RCW 87.03.045 and 2013 c 23 s 484 are each amended to
30 read as follows:
31 In districts with ((two hundred thousand)) 200,000 acres or more,
32 a person ((eighteen)) 18 years old, being a citizen of the United
33 States and a resident of the state and who holds title or evidence of
34 title to land that is assessed or is assessable by the district
35 pursuant to federal and state law, in the district or proposed
36 district shall be entitled to vote therein. He or she shall be
37 entitled to one vote for the first ((ten)) 10 acres of said land or
38 fraction thereof and one additional vote for all of said land over
39 ten acres. A majority of the directors shall be residents of the
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 1 county or counties in which the district is situated and all shall be
2 electors of the district. If more than one elector residing outside
3 the county or counties is voted for as director, only that one who
4 receives the highest number of votes shall be considered in
5 ascertaining the result of the election. Where land is community
6 property both the ((husband and wife)) spouses may vote if otherwise
7 qualified. An agent of a corporation, general partnership, limited
8 partnership, limited liability company, or other legal entity formed
9 pursuant to the laws of the state of Washington or qualified to do
10 business in the state of Washington owning land in the district, duly
11 authorized in writing, may vote on behalf of the ((corporation)) land
12 owning entity by filing with the election officers his or her
13 instrument of authority. The agent of such entity is considered an
14 elector of the district, and shall vote in the precinct where the
15 entity's principal office is located or in the precinct nearest the
16 location of the principal office. An elector resident in the district
17 shall vote in the precinct in which he or she resides, all others
18 shall vote in the precinct nearest their residence.
19 Sec. 5. RCW 87.03.051 and 1997 c 354 s 1 are each amended to
20 read as follows:
21 In districts with less than ((two hundred thousand)) 200,000
22 acres, a person ((eighteen)) 18 years old, being a citizen of the
23 United States and a resident of the state and who holds title or
24 evidence of title to ((assessable)) land in the district or proposed
25 district that is assessed or is assessable by the district pursuant
26 to federal and state law, shall be entitled to vote therein, and to
27 be recognized as an elector. A corporation, general partnership,
28 limited partnership, limited liability company, or other legal entity
29 formed pursuant to the laws of the state of Washington or qualified
30 to do business in the state of Washington owning land in the district
31 shall be recognized as an elector. As used in this section, "entity"
32 means a corporation, general partnership, limited partnership,
33 limited liability company, or other legal entity formed pursuant to
34 the laws of the state of Washington or qualified to do business in
35 the state of Washington. "Ownership" shall mean the aggregate of all
36 assessable acres owned by an elector, individually or jointly, within
37 one district. Voting rights shall be allocated as follows: Two votes
38 for each five acres of assessable land or fraction thereof. No one
39 ownership may accumulate more than ((forty-nine)) 49 percent of the
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 1 votes in one district. If assessments are on the basis of shares
2 instead of acres, an elector shall be entitled to two votes for each
3 five shares or fraction thereof. The ballots cast for each ownership
4 of land or shares shall be exercised by common agreement between
5 electors or when land is held as community property, the accumulated
6 votes may be divided equally between ((husband and wife)) the
7 spouses. Except for community property ownership, in the absence of
8 the submission of the common agreement to the secretary of the
9 district at least ((twenty-four)) 24 hours before the opening of the
10 polls, the election board shall recognize the first elector to appear
11 on election day as the elector having the authority to cast the
12 ballots for that parcel of land for which there is more than one
13 ownership interest. A majority of the directors shall be residents of
14 the county or counties in which the district is situated and all
15 shall be electors of the district. If more than one elector residing
16 outside the county or counties is voted for as director, only that
17 one who receives the highest number of votes shall be considered in
18 ascertaining the result of the election. An agent of an entity owning
19 land in the district, duly authorized in writing, may vote on behalf
20 of the entity by filing with the election officers his or her
21 instrument of authority. The agent of such entity is considered an
22 elector of the district, and shall vote in the precinct where the
23 entity's principal office is located or in the precinct nearest the
24 location of the principal office. An elector resident in the district
25 shall vote in the precinct in which he or she resides, all others
26 shall vote in the precinct nearest their residence. No director shall
27 be qualified to take or retain office unless the director holds title
28 or evidence of title to land within the district.
29 Sec. 6. RCW 87.03.071 and 1985 c 66 s 3 are each amended to read
30 as follows:
31 In any irrigation district where more than ((fifty)) 50 percent
32 of the total acreage of the district is owned in individual
33 ownerships of less than five acres, each elector who is otherwise
34 qualified to vote pursuant to RCW ((87.03.045)) 87.03.051 shall be
35 entitled to two votes regardless of the size of ownership. Each
36 ownership shall be represented by two votes. If there are multiple
37 owners or joint owners of a single ownership, the owners shall decide
38 among themselves what their two votes shall be. If the ownership is
39 held as community property, ((the husband shall be entitled to one
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 1 vote and the wife)) each spouse shall be entitled to one vote or they
2 may vote by common agreement.
3 Sec. 7. RCW 87.03.075 and 2013 c 23 s 485 are each amended to
4 read as follows:
5 Voting in an irrigation district shall be by ballot. Ballots
6 shall be of uniform size and quality, provided by the district, and
7 for the election of directors shall contain only the names of the
8 candidates who have filed with the secretary of the district a
9 declaration ((in writing)) of their candidacy((, or)) by submitting a
10 petition of nomination as hereinafter provided, not later than five
11 o'clock p.m. on the first Monday in ((November)) October. Ballots
12 shall contain space ((for sticker voting or)) for the writing in of
13 the name of an undeclared candidate. Ballots shall be issued by the
14 election board according to the number of votes an elector is
15 entitled to cast. A person filing a declaration of candidacy((, or))
16 by submitting a petition of nomination as hereinafter provided, shall
17 designate therein the position for which he or she is a candidate. No
18 ballots on any form other than the official form shall be received or
19 counted.
20 In any election for directors where the number of votes which may
21 be received will have no bearing on the length of the term to be
22 served, the candidates for the position of director((, in lieu of
23 filing a declaration of candidacy hereunder, shall file with the
24 secretary of the district)) shall file with the secretary of the
25 district a declaration of their candidacy by submitting a petition of
26 nomination, on a form prescribed by the district, signed by at least
27 ten qualified electors of the district, or of the division if the
28 district has been divided into director divisions, not later than
29 five o'clock p.m. on the first Monday in ((November)) October. If,
30 after the expiration of the date for filing ((petitions of
31 nomination)) a declaration of candidacy, it appears that only one
32 qualified candidate has ((been nominated thereby)) declared their
33 candidacy for each position to be filled it shall not be necessary to
34 hold an election, and the board of directors shall at their next
35 meeting declare such candidate elected as director. The secretary
36 shall immediately make and deliver to such person a certificate of
37 election signed by him or her and bearing the seal of the district.
38 The procedure set forth in this paragraph shall not apply to any
39 other irrigation district elections.
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 1 Sec. 8. RCW 87.03.085 and 1987 c 123 s 1 are each amended to
2 read as follows:
3 (1) Fifteen days before any election held under this chapter,
4 subsequent to the organization of any district, the secretary of the
5 board of directors shall cause notices to be posted in three public
6 places in each election precinct, of the time and place of holding
7 the election. The secretary shall also post a general notice of the
8 same in the office of the board, which shall be established and kept
9 at some fixed place to be determined by the board, specifying the
10 polling places of each precinct. Prior to the time for posting the
11 notices, the board must appoint for each precinct, from the electors
12 thereof, one inspector and two judges, who shall constitute a board
13 of election for the precinct. If the board fails to appoint a board
14 of election, or the members appointed do not attend at the opening of
15 the polls on the morning of election, the electors of the precinct
16 present at that hour may appoint the board, or supply the place of an
17 absent member thereof. The board of directors must, in its order
18 appointing the board of election, designate the house or place within
19 the precinct where the election must be held. However, in any
20 irrigation district that is less than ((two hundred thousand))
21 200,000 acres in size and is divided into director divisions, the
22 board of directors in its discretion may designate one polling place
23 within the district to serve more than one election precinct. The
24 board of directors of any irrigation district may designate the
25 principal business office of the district as a polling place to serve
26 one or more election precincts and may do so regardless of whether
27 the business office is located within or outside of the boundaries of
28 the district. If the board of directors does designate a single
29 polling place for more than one election precinct, then the election
30 officials appointed by the board of directors may serve more than one
31 election precinct and the election officials may be electors of any
32 of the election precincts for which they are the election board.
33 (2)(a) The following additional notice requirements apply to
34 districts that qualify and have designated their own treasurer as
35 provided in RCW 87.03.440:
36 (i) The district must annually notify qualified electors, either
37 by mail, electronic communication, or by posting on the district's
38 website, of the following:
39 (A) The names of the board of directors and dates their terms
40 expire;
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 1 (B) The method and deadline for declaring candidacy under RCW
2