S-1628.1
SUBSTITUTE SENATE BILL 5723
State of Washington 68th Legislature 2023 Regular Session
By Senate State Government & Elections (originally sponsored by
Senators Valdez, Kuderer, Dhingra, Frame, Hasegawa, Keiser, Liias,
Lovelett, Nguyen, Nobles, Pedersen, Randall, Shewmake, and Stanford)
READ FIRST TIME 02/17/23.
1 AN ACT Relating to giving cities and towns the freedom to switch
2 their general elections to even-numbered years to take advantage of
3 higher and more diverse voter turnout; amending RCW 29A.04.330,
4 35.17.020, 35.18.270, 35.23.051, 35.27.090, 35.30.080, and
5 35A.02.050; and creating new sections.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7 PART I
8 STATEMENT OF LEGISLATIVE INTENT
9 NEW SECTION. Sec. 1. The legislature finds that Washington
10 state voter turnout in even-numbered years is demonstrably higher and
11 more diverse than voter turnout in odd-numbered years. The
12 legislature recognizes that every credible academic study examining
13 election timing for localities in the United States has concluded
14 that holding elections in even-numbered years results in greater
15 voter participation. With this act, the legislature intends to give
16 cities and towns the freedom to choose their election timing for the
17 first time in more than half a century.
18 PART II
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1 ALLOWING CITIES AND TOWNS TO HOLD GENERAL ELECTIONS IN EVEN-NUMBERED
2 YEARS
3 Sec. 2. RCW 29A.04.330 and 2015 c 146 s 2 are each amended to
4 read as follows:
5 (1) All city, town, and district general elections shall be held
6 throughout the state of Washington on the first Tuesday following the
7 first Monday in November in the odd-numbered years, except for cities
8 and towns that choose to hold their elections in even-numbered years
9 following the process in subsection (6) of this section.
10 This section shall not apply to:
11 (a) Elections for the recall of any elective public officer;
12 (b) Public utility districts, conservation districts, or district
13 elections at which the ownership of property within those districts
14 is a prerequisite to voting, all of which elections shall be held at
15 the times prescribed in the laws specifically applicable thereto;
16 (c) Consolidation proposals as provided for in RCW 28A.315.235
17 and nonhigh capital fund aid proposals as provided for in chapter
18 28A.540 RCW; and
19 (d) Special flood control districts consisting of three or more
20 counties.
21 (2) The county auditor, as ex officio supervisor of elections,
22 upon request in the form of a resolution of the governing body of a
23 city, town, or district, presented to the auditor prior to the
24 proposed election date, shall call a special election in such city,
25 town, or district, and for the purpose of such special election he or
26 she may combine, unite, or divide precincts. Such a special election
27 shall be held on one of the following dates as decided by the
28 governing body:
29 (a) The second Tuesday in February;
30 (b) The fourth Tuesday in April;
31 (c) The day of the primary election as specified by RCW
32 29A.04.311; or
33 (d) The first Tuesday after the first Monday in November.
34 (3) A resolution calling for a special election on a date set
35 forth in subsection (2)(a) and (b) of this section must be presented
36 to the county auditor at least sixty days prior to the election date.
37 A resolution calling for a special election on a date set forth in
38 subsection (2)(c) of this section must be presented to the county
39 auditor no later than the Friday immediately before the first day of
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 1 regular candidate filing. A resolution calling for a special election
2 on a date set forth in subsection (2)(d) of this section must be
3 presented to the county auditor no later than the day of the primary.
4 (4) In addition to subsection (2)(a) through (d) of this section,
5 a special election to validate an excess levy or bond issue may be
6 called at any time to meet the needs resulting from fire, flood,
7 earthquake, or other act of God, except that no special election may
8 be held between the first day for candidates to file for public
9 office and the last day to certify the returns of the general
10 election other than as provided in subsection (2)(c) and (d) of this
11 section. Such special election shall be conducted and notice thereof
12 given in the manner provided by law.
13 (5) This section shall supersede the provisions of any and all
14 other statutes, whether general or special in nature, having
15 different dates for such city, town, and district elections, the
16 purpose of this section being to establish mandatory dates for
17 holding elections, with the exception of subsection (6) of this
18 section.
19 (6) A city or town may choose to hold its regular elections in
20 even-numbered years by providing notice to the county or counties in
21 which it is located following either adoption of an ordinance or
22 approval by the voters of an ordinance or charter amendment referred
23 by its legislative body.
24 (a) A city or town moving its regular elections to even-numbered
25 years through adoption of an ordinance by its legislative body must
26 hold two public hearings not less than 30 days apart to consider
27 public input. A vote on final adoption of the ordinance may be taken
28 only after at least 30 days have elapsed since the date on which the
29 second of the two public hearings was held.
30 (b) A city or town moving its regular elections to even-numbered
31 years must transition from odd-numbered to even-numbered years by
32 electing each position to one term that is one year shorter in
33 duration than it would usually be. After conclusion of that term,
34 beginning in an even-numbered year, elections for that city's or
35 town's positions must be for their usual term lengths.
36 (c) The ordinance adopted by the city or town or referred to
37 voters for approval must specify the dates of the odd-numbered year
38 general elections at which each of the offices being transitioned to
39 even-numbered years are contested for shortened terms.
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 1 (d) Ordinances or charter amendments enacted under this section
2 must name and must include all the elected positions in the city or
3 town resolving to switch to even-numbered years, except for any
4 positions already elected in even-numbered years.
5 (e) Cities required to hold elections biennially that switch to
6 holding elections in even-numbered years remain required to hold
7 elections biennially.
8 (f) An ordinance or charter amendment adopted by the legislative
9 body or qualified electors of a city or town to switch its elections
10 to even-numbered years is not revocable.
11 (g) An ordinance or charter amendment must be adopted by January
12 15th of an odd-numbered year for the city to begin transition under
13 (b) of this subsection in that calendar year. If the city or town
14 adopts its ordinance or charter amendment after January 15th of an
15 odd-numbered year, the transition under (b) of this subsection cannot
16 begin before the next odd-numbered year.
17 (h) The ordinance or charter amendment may not move the election
18 of judges of the municipal court to even-numbered years.
19 Sec. 3. RCW 35.17.020 and 2013 c 11 s 87 are each amended to
20 read as follows:
21 (1) All regular elections in cities organized under the statutory
22 commission form of government shall be held quadrennially in the odd-
23 numbered years on the dates provided in RCW 29A.04.330, except for
24 cities that are moving or have moved their regular elections to even-
25 numbered years under the process allowed by RCW 29A.04.330.
26 ((However, after commissioners are elected at the next general
27 election occurring in 1995 or 1997, regular elections in cities
28 organized under a statutory commission form of government shall be
29 held biennially at municipal general elections.))
30 (2) The commissioners shall be nominated and elected at large.
31 Their terms shall be for four years, unless the city is transitioning
32 its regular elections to even-numbered years as allowed by RCW
33 29A.04.330, and until their successors are elected and qualified and
34 assume office in accordance with RCW 29A.60.280. However, at the next
35 regular election of a city organized under a statutory commission
36 form of government, the terms of office of commissioners shall occur
37 with the person who is elected as a commissioner receiving the least
38 number of votes being elected to a two-year term of office and the
39 other two persons who are elected being elected to four-year terms of
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1 office. Thereafter, commissioners shall be elected to four-year terms
2 of office.
3 (3) Vacancies on a commission shall occur and shall be filled as
4 provided in chapter 42.12 RCW.
5 Sec. 4. RCW 35.18.270 and 1994 c 223 s 13 are each amended to
6 read as follows:
7 If the majority of the votes cast at a special election for
8 organization on the council-manager plan favor the plan, the city or
9 town shall elect the council required under the council-manager plan
10 in number according to its population at the next municipal general
11 election. However, special elections shall be held to nominate and
12 elect the new city councilmembers at the next primary and general
13 election held in an even-numbered year if the next municipal general
14 election is more than one year after the date of the election at
15 which the voters approved the council-manager plan, unless the city
16 or town resolves to move its regularly scheduled elections to even-
17 numbered years as allowed by RCW 29A.04.330, in which case it shall
18 hold regular elections rather than special elections. The staggering
19 of terms of office shall occur at the election when the new
20 councilmembers are elected, where the simple majority of the persons
21 elected as councilmembers receiving the greatest numbers of votes
22 shall be elected to four-year terms of office if the election is held
23 in an odd-numbered year, or three-year terms of office if the
24 election is a special election held in an even-numbered year, and the
25 remainder of the persons elected as councilmembers shall be elected
26 to two-year terms of office if the election is held in an odd-
27 numbered year, or one-year terms of office if the election is a
28 special election held in an even-numbered year. The initial
29 councilmembers shall take office immediately when they are elected
30 and qualified, but the lengths of their terms of office shall be
31 calculated from the first day in January in the year following the
32 election.
33 Sec. 5. RCW 35.23.051 and 2019 c 454 s 5 are each amended to
34 read as follows:
35 General municipal elections in second-class cities shall be held
36 biennially in the odd-numbered years and shall be subject to general
37 election law, unless a second-class city has chosen to hold its
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 1 general municipal elections in even-numbered years under the process
2 provided for in RCW 29A.04.330.
3 The terms of office of the mayor, city attorney, clerk, and
4 treasurer shall be four years and until their successors are elected
5 and qualified and assume office in accordance with RCW 29A.60.280,
6 unless the second-class city is transitioning its general municipal
7 elections to even-numbered years as allowed by RCW 29A.04.330:
8 PROVIDED, That if the offices of city attorney, clerk, and treasurer
9 are made appointive, the city attorney, clerk, and treasurer shall
10 not be appointed for a definite term: PROVIDED FURTHER, That the term
11 of the elected treasurer shall not commence in the same biennium in
12 which the term of the mayor commences, nor in which the terms of the
13 city attorney and clerk commence if they are elected.
14 Council positions shall be numbered in each second-class city so
15 that council position seven has a two-year term of office and council
16 positions one through six shall each have four-year terms of office.
17 Each councilmember shall remain in office until a successor is
18 elected and qualified and assumes office in accordance with RCW
19 29A.60.280.
20 In its discretion the council of a second-class city may divide
21 the city by ordinance, into a convenient number of wards, not
22 exceeding six, fix the boundaries of the wards, and change the ward
23 boundaries from time to time and as provided in RCW 29A.76.010. No
24 change in the boundaries of any ward shall be made within one hundred
25 twenty days next before the date of a general municipal election, nor
26 within twenty months after the wards have been established or altered
27 unless pursuant to RCW 29A.92.040 or 29A.92.110. However, if a
28 boundary change results in one ward being represented by more
29 councilmembers than the number to which it is entitled, those having
30 the shortest unexpired terms shall be assigned by the council to
31 wards where there is a vacancy, and the councilmembers so assigned
32 shall be deemed to be residents of the wards to which they are
33 assigned for purposes of determining whether those positions are
34 vacant.
35 Whenever such city is so divided into wards, the city council
36 shall designate by ordinance the number of councilmembers to be
37 elected from each ward, apportioning the same in proportion to the
38 population of the wards. Thereafter the councilmembers so designated
39 shall be elected by the voters resident in such ward, or by general
40 vote of the whole city as may be designated in such ordinance.
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 1 Council position seven shall not be associated with a ward and the
2 person elected to that position may reside anywhere in the city and
3 voters throughout the city may vote at a primary to nominate
4 candidates for position seven, when a primary is necessary, and at a
5 general election to elect the person to council position seven.
6 Additional territory that is added to the city shall, by act of the
7 council, be annexed to contiguous wards without affecting the right
8 to redistrict at the expiration of twenty months after last previous
9 division. The removal of a councilmember from the ward for which he
10 or she was elected shall create a vacancy in such office.
11 Wards shall be redrawn as provided in chapter 29A.76 RCW. Wards
12 shall be used as follows: (1) Only a resident of the ward may be a
13 candidate for, or hold office as, a councilmember of the ward; and
14 (2) only voters of the ward may vote at a primary to nominate
15 candidates for a councilmember of the ward. Voters of the entire city
16 may vote at the general election to elect a councilmember of a ward,
17 unless the city had prior to January 1, 1994, limited the voting in
18 the general election for any or all council positions to only voters
19 residing within the ward associated with the council positions. If a
20 city had so limited the voting in the general election to only voters
21 residing within the ward, then the city shall be authorized to
22 continue to do so. The elections for the remaining council position
23 or council positions that are not associated with a ward shall be
24 conducted as if the wards did not exist.
25 Sec. 6. RCW 35.27.090 and 2009 c 549 s 2056 are each amended to
26 read as follows:
27 All general municipal elections in towns shall be held biennially
28 in the odd-numbered years as provided in RCW 29A.04.330, except in
29 towns that are moving or have moved their regular elections to even-
30 numbered years under the process allowed by RCW 29A.04.330. The term
31 of office of the mayor and treasurer shall be four years and until
32 their successors are elected and qualified and assume office in
33 accordance with RCW ((29A.20.040)) 29A.60.280, unless the town is
34 transitioning its general municipal elections to even-numbered years
35 as allowed by RCW 29A.04.330: PROVIDED, That the term of the
36 treasurer shall not commence in the same biennium in which the term
37 of the mayor commences. Councilmembers shall be elected for four year
38 terms, unless the town is transitioning its general municipal
39 elections to even-numbered years as allowed by RCW 29A.04.330, and
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1 until their successors are elected and qualified and assume office in
2 accordance with RCW ((29A.20.040)) 29A.60.280; three at one election
3 and two at the next succeeding biennial election.
4 Sec. 7. RCW 35.30.080 and 2015 c 53 s 42 are each amended to
5 read as follows:
6 (1) When a majority of the legislative body of an unclassified
7 city determines that it would serve the best interests and general
8 welfare of such municipality to change the election procedures of
9 such city to the procedures specified in this section, such
10 legislative body may, by resolution, declare its intention to adopt
11 such procedures for the city. Such resolution must be adopted at