Whenever any legal voter of the state or of any political
subdivision thereof, either individually or on behalf of an
organization, desires to demand the recall and discharge of any
elective public officer of the state or of such political
subdivision, as the case may be, under the provisions of sections
33 and 34 of Article 1 of the Constitution, the voter shall
prepare a typewritten charge, reciting that such officer, naming
him or her and giving the title of the office, has committed an
act or acts of malfeasance, or an act or acts of misfeasance
while in office, or has violated the oath of office, or has been
guilty of any two or more of the acts specified in the
Constitution as grounds for recall. The charge shall state the
act or acts complained of in concise language, give a detailed
description including the approximate date, location, and nature
of each act complained of, be signed by the person or persons
making the charge, give their respective post office addresses,
and be verified under oath that the person or persons believe the
charge or charges to be true and have knowledge of the alleged
facts upon which the stated grounds for recall are based.
For the purposes of this chapter:
(1) "Misfeasance" or "malfeasance" in office means any
wrongful conduct that affects, interrupts, or interferes with the
performance of official duty;
(a) Additionally, "misfeasance" in office means the
performance of a duty in an improper manner; and
(b) Additionally, "malfeasance" in office means the
commission of an unlawful act;
(2) "Violation of the oath of office" means the neglect or
knowing failure by an elective public officer to perform
faithfully a duty imposed by law.
[2003 c 111 § 1407; 1984 c 170 § 1; 1975-'76 2nd ex.s. c 47 § 1; 1965 c 9 § 29.82.010. Prior: 1913 c 146 § 1; RRS § 5350. Former part of section: 1913 c 146 § 2; RRS § 5351, now codified in RCW 29.82.015. Formerly RCW 29.82.010.]
NOTES:
Severability -- 1975-'76 2nd ex.s. c 47: "If any provision of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975-'76 2nd ex.s. c 47 § 3.]