(1) If a vacancy occurs in any partisan elective office in the executive or legislative branches of state government or in any partisan county elective office before the ((sixth)) eleventh Tuesday prior to the primary for the next general election following the occurrence of the vacancy, a successor shall be elected to that office at that general election. Except during the last year of the term of office, if such a vacancy occurs on or after the ((sixth)) eleventh Tuesday prior to the primary for that general election, the election of the successor shall occur at the next succeeding general election. The elected successor shall hold office for the remainder of the unexpired term. This section shall not apply to any vacancy occurring in a charter county which has charter provisions inconsistent with this section.

     (2) If a vacancy occurs in any legislative office or in any partisan county office after the general election in a year that the position appears on the ballot and before the start of the next term, the term of the successor who is of the same party as the incumbent may commence once he or she has qualified as defined in RCW ((29.01.135)) 29A.04.133 and shall continue through the term for which he or she was elected.

[2006 c 344 § 29; 2003 c 238 § 4; 2002 c 108 § 2; 1981 c 180 § 1.]

NOTES:

     Effective date -- 2006 c 344 §§ 1-16 and 18-40: See note following RCW 29A.04.311.

RCW 42.12.040
Vacancy in partisan elective office -- Successor elected -- When.

(1) If a vacancy occurs in any partisan elective office in the executive or legislative branches of state government or in any partisan county elective office before the sixth Tuesday prior to the ((primary for the)) next general election following the occurrence of the vacancy, a successor shall be elected to that office at that general election. Except during the last year of the term of office, if such a vacancy occurs on or after the sixth Tuesday prior to the ((primary for that)) general election, the election of the successor shall occur at the next succeeding general election. The elected successor shall hold office for the remainder of the unexpired term. This section shall not apply to any vacancy occurring in a charter county ((which)) that has charter provisions inconsistent with this section.

     (2) If a vacancy occurs in any legislative office or in any partisan county office after the general election in a year that the position appears on the ballot and before the start of the next term, the term of the successor who is of the same party as the incumbent may commence once he or she has qualified as defined in RCW ((29.01.135)) 29A.04.133 and shall continue through the term for which he or she was elected.

[2005 c 2 § 15 (Initiative Measure No. 872, approved November 2, 2004); 2003 c 238 § 4; 2002 c 108 § 2; 1981 c 180 § 1.]

NOTES:

     Reviser's note: (1) The constitutionality of Initiative Measure No. 872 was upheld in Washington State Grange v. Washington State Republican Party, et al., 552 U.S. . . . . . (2008).

     (2) RCW 42.12.040 was amended by 2006 c 344 § 29 without cognizance of its amendment by 2005 c 2 § 15 (Initiative Measure No. 872). For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.

     Short title -- Intent -- Contingent effective date -- 2005 c 2 (Initiative Measure No. 872): See notes following RCW 29A.52.112.

     Contingent effective date -- 2003 c 238: See note following RCW 36.16.110.

     Severability -- 1981 c 180: "If any provision of this 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." [1981 c 180 § 6.]

County office, appointment of acting official: RCW 36.16.115.

Filing period, special: RCW 29A.24.210.