Wash. Rev. Code § 35.23.850

Current through the 2024 Regular Session

Section 35.23.850 - Code city retaining former second-class city plan-Wards-Division of city into

In any city initially classified as a second-class city prior to January 1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the city council may divide the city into wards, not exceeding six in all, or change the boundaries of existing wards at any time less than one hundred twenty days before a municipal general election. Unless the city is dividing into wards or changing the boundaries of existing wards under RCW 29A.92.040 or 29A.92.110, no change in the boundaries of wards shall affect the term of any councilmember, and councilmembers shall serve out their terms in the wards of their residences at the time of their elections. However, if these boundary changes result in one ward being represented by more councilmembers than the number to which it is entitled, those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of determining whether those positions are vacant.

If the city is dividing into wards or changing the boundaries of existing wards under RCW 29A.92.040 or 29A.92.110, all council positions are subject to election at the next regular election.

The representation of each ward in the city council shall be in proportion to the population as nearly as is practicable.

Wards shall be redrawn as provided in chapter 29A.76 RCW. Wards shall be used as follows:

(1) Only a resident of the ward may be a candidate for, or hold office as, a councilmember of the ward; and

(2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not exist.

RCW 35.23.850

Amended by 2019 c 454,§ 6, eff. 5/21/2019, applies retroactively to January 16, 2019.

Amended by 2015 c 53,§ 41, eff. 7/24/2015.

1995 c 134 § 10. Prior: 1994 c 223 § 16; 1994 c 81 § 34; 1965 c 7 § 35.23.530; prior: 1907 c 241 § 14; 1890 p 147 § 35; RRS § 9019. Formerly RCW 35.23.530.

Retroactive application-Effective date- 2019 c 454 : See notes following RCW 29A.92.050.