Prescribing the Nomination Procedure for Candidates for Freeholder •
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
PRESCRIBING THE NOMINATION ) RESOLUTION NO. 18-
PROCEDURE FOR CANDIDATES FOR )
FREEHOLDER
Whereas a petition has been filed to elect freeholders to draft a county charter, which
petition will be effective if it receives a majority vote at the general election; and
Whereas Article XI, section 4 of the Washington Constitution requires the county
legislative authority to set the nomination procedure for freeholders; and
Whereas the same article specifies that freeholders be residents of Lewis County for at
least five (5) years preceding their election and be qualified electors; and
Whereas freeholders must be apportioned to either legislative districts or commissioner
districts by the districts' population; and
Whereas freeholders should represent all parts of Lewis County equally; and
Whereas commissioner districts are already drawn according to equal population; and
Whereas five subdistricts within each commissioner district, based on existing voting
precincts and drawn as nearly as possible to be equal in population, will promote a
geographically diverse group of freeholders who will broadly and fairly represent all of
Lewis County's diverse interests; and
Whereas in all other respects the election of freeholders should proceed as simply as
possible, in a similar manner to other elected county officials;
Now therefore, be it resolved, that the nomination procedure for freeholders shall be as
follows:
1. Candidates for freeholder are advised that a freeholder is a public officer of Lewis
County. A freeholder is not an employee of Lewis County; he or she is an
independently elected official. A freeholder renders services gratuitously for the
public and will not be entitled to health insurance, retirement, or other benefits, but
will reimbursed for mileage to defray expenses associated with the position.
2. Freeholders shall be elected by subdistricts within county commissioner districts,
apportioned according to the county commissioner districts' population. The
subdistricts shall be (a) geographically contiguous, (b) drawn based on existing
voting precincts, and (c) as equal in population as possible using 2010 census
data. A map of the subdistricts is incorporated herein as Exhibit 1. Each subdistrict
corresponds to a freeholder position, as follows:
a. District 1
i. Position 1: Greenwood, Independence, Lincoln Creek, Adna,
Sears, Centralia 12, and Whealdon precincts;
ii. Position 2: Skookumchuck, Seminary Hill, Centralia 1, Centralia 10,
and Centralia 11 precincts;
iii. Position 3: Fords Prairie, Centralia 13 and Centralia 2 precincts;
iv. Position 4: Logan, Salzer, Centralia 8, Centralia 6, Kelly, and Fair
precincts;
v. Position 5: Mellen, Centralia 7, Centralia 5, Centralia 4, Centralia 3,
Centralia 9, and Roswell precincts;
b. District 2
i. Position 1: Dryad, Elk Creek, Pe Ell, Curtis, Meskill, Grego, and
Claquato precincts;
ii. Position 2: Mauermann, Boistfort, Veness, Winlock, and Prescott
precincts;
iii. Position 3: Evaline West, Evaline East, Stearns Creek, Emery, All
Napavines, Emery North, Berwick, and Sommerville precincts;
iv. Position 4: Urquhart, Newaukum, Union, Parcuvia, Chehalis 5,
Chehalis 6, and Chehalis 7 precincts;
v. Position 5: Chehalis 1 , Chehalis 2, Chehalis 3, Chehalis 4, Chehalis
8, and Chehalis 9 precincts;
c. District 3
i. Position 1: Big Bottom, Packwood, Randle East, Randle West,
Verndale, Mineral, and Paradise precincts;
ii. Position 2: Harmony, Temple, Morton, Mossyrock, Klickitat, and
Salkum precincts;
iii. Position 3: Jackson North, Forest, Agate, Ethel, Alpha, and Cinebar
precincts;
iv. Position 4: Drews Prairie, Cowlitz, Jackson, and Onalaska
precincts;
v. Position 5: Stillwater West, Vader, Stillwater East, Toledo, Salmon
Creek, and Silver Creek precincts.
3. Candidates for freeholder shall comply with the same rules regarding campaign
public disclosure and campaign finance as other candidates for county office.
4. Candidates for freeholder shall file declarations of candidacy during the same
period as those seeking other public office (from Monday, May 14, 2018 to Friday,
May 18, 2018, inclusive). Mailed declarations may be received starting on April
30, 2018 until the end of the filing period. If no candidates file in a subdistrict, the
filing period may be extended in that subdistrict in the manner it is extended for
other offices when an insufficient number of candidates have filed. There shall be
no write-in candidacy for freeholders.
5. The declaration of candidacy form shall be the one provided by the Washington
Secretary of State's office for all other elected officials. This form includes a
declaration that the candidate meets the qualifications for office. For freeholder,
the qualifications for office are:
a. the candidate has or will have resided in Lewis County for at least five (5)
years preceding the date of the general election; and
b. the candidate is, at the time of filing, at least 18 years old; and
c. the candidate is, at the time of filing, lawfully registered to vote in Lewis
County in the subdistrict in which he or she is seeking office.
6. It shall not be incumbent upon the Auditor to verify the accuracy of a candidate's
declaration. The qualifications for freeholder beyond what is specified herein shall
be a political question for the electors.
7. The declaration of candidacy shall be accompanied by a filing fee of fifty dollars
($50).
8. The deadline for withdrawal of candidacy shall be Monday, May 21, 2018.
9. Candidates for freeholder may write a statement concerning their candidacy to be
included in the online voter's guide. The statement shall be limited to 200 words
or fewer. The deadline for submission of the statement is Friday, May 25, 2018.
10.A11 candidates from each respective subdistrict will run at large within that
subdistrict in a single race in the November 2018 general election, with each
elector in that subdistrict voting for his or her preferred candidate. The top vote-
getter in each subdistrict shall be elected to the position corresponding to that
subdistrict.
11.Washington state law regarding recounts for general elections shall apply.
12. In the event of a tie affecting the top vote-getter in a single district, the winner shall
be selected randomly, either through coin flip (if two tied candidates) or by drawing
of lots (if more than two). "Drawing of lots" means that the relevant candidates'
names shall be placed in an opaque container on reasonably equivalently sized
pieces of paper. The County Auditor or his designee shall randomly draw out one
name; the candidate whose name is drawn is elected.
13.Ail freeholders, once elected, shall be equals. The freeholders shall themselves
select their own officers and determine their own rules of procedure, subject to
applicable state law such as the Open Public Meetings Act and the Public Records
Act.
14.In the event that an office of freeholder from a particular subdistrict becomes
vacant, the Board of County Commissioners may nominate three qualified
candidates to the remaining freeholders, who shall approve one of the candidates
by majority vote to fill the vacant office; in the event of a tie, the County
Commissioner in whose district the vacant subdistrict lies shall cast the tie-
breaking vote. Alternatively, if there are three or more vacant freeholder positions,
the Board of County Commissioners may call for a special election to fill the vacant
offices.
PASSED IN REGULAR SESSION THIS 1 day of of w-, 2018, after a public
hearing was held, pursuant to notices published in the Chronicle on i( r4h /3 a-7,-./ /5, o1(,
and in the East County Journal on tits«& fd, 2-018. for a hearing date on this date.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
\ r%i
By " "beputy Prosecuting Attorney - •n. J. Fund, Chair
ATTEST: 'obert C. Jackson, Vice Chair
/
Rieva Lester, Clerk of the Board Ga ry Sta r, Commissi nb er
•ok ���ARD C-3.4- S,••
f�.•
: 'r SINCE \1 c4
•*i8 1545 w�
•
•;Trims 4••
Voting Precincts and Population By BOCC District,with Potential Subdistricts and Population Below
District 3 District 2 District 1
Stillwater West 618 Claquato 886 Greenwood 66
Vader 621 Chehalis 1 967 Independence 249
Stillwater East 296 Chehalis 2 801 Lincoln Creek 783
Drews Prairie 531 Chehalis 3 873 Fords Prairie 1235
Toledo 727 Chehalis 4 1296 Skookumchuck 1255
Salmon Creek 1687 Chehalis 5 687 Adna 1588
Cowlitz 1442 Chehalis 6 1128 Sears 531
Jackson 1335 Chehalis 7 520 Whealdon 590
Jackson North 0 Chehalis 8 949 Salzer 677
Forest 1048 Chehalis 9 43 Seminary Hill 696
Agate 462 Parcuvia 744 Logan 983
Onalaska 1930 Dryad 379 Mellen 8
Alpha 1250 Meskill 158 Roswell 18
Ethel 1360 Elk Creek 470 Centralia 1 708
Cinebar 753 PeEll 632 Centralia 2 1568
Salkum 760 Mauermann 235 Centralia 3 715
Silver Creek 1016 Curtis 345 Centralia 4 1218
_ Harmony 934 Boistfort 391 Centralia 5 778
Mossyrock 759 Crego 2148 Centralia 6 2219
Klickitat 525 Urquhart 441 Centralia 7 584
Temple 989 Newaukum 836 Centralia 8 1262
Morton 1126 Union 620 Centralia 9 1690
Mineral 627 Berwick 1278 Centralia 10 691
Verndale 1056 Emery 612 Centralia 11 1707
Paradise 190 Emery North 8 Centralia 12 1272
Big Bottom 994 Sommerville 159 Centralia 13 2211
Randle West 704 Napavine 1 1783 Kelly 2
Randle East 990 Napavine 2 5 Total = 25304
Packwood 336 Napavine 3 3 target district population 5060.4
Greenwood, Independence,
Total = 25066 Napavine 4 0 Lincoln Creek, Adna, Sears, 5079
Centralia 12, Whealdon
Skookumchuck, Seminary
target district population 5013.2 Napavine 5 0 5057
Hill, Centralia 1, 10, & 11
Big Bottom, Packwood, Fords Prairie, Centralia 13 &
Randle East, Randle West, 4897 Napavine 6 0 2 5014
Verndale, Mineral, Paradise
Harmony,Temple, Morton, Logan, Salzer, Centralia 8&
5093 Veness 1043 5143
Mossyrock, Klickitat, Salkum 6, Kelly, Fair*
Drews Prairie, Cowlitz, Mellen, Centralia 7, 5, 4, 3,
5238 Evaline West 509 5011
Jackson, Onalaska &9, Roswell
*Fair is shown as an area on
Jackson North, Forest, 4873 Eva line East 314 the map; it is probably not a
Agate, Ethel, Alpha, Cinebar
precinct.
Stillwater West, Vader,
Stillwater East,Toledo, 4965 Stearns Creek 419
Salmon Creek,Silver Creek
Winlock 1339
Prescott 2064
Total = 25085
target district population 5017
Dryad, Elk Creek, Pe Ell, Curtis,
5018
Meskill, Crego, Claquato
Mauermann, Boistfort, Veness,
5072
Winlock, Prescott
Evaline West, Evaline East,
Stearns Creek, Emery, All 5090
Napavines, Emery North,
Berwick, Sommerville
Urquhart, Newaukum, Union,
4976
Parcuvia, Chehalis 5, 6, 7
Chehalis 1, 2, 3, 4, 8, 9 4929
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Rieva Lester
From: Eric Eisenberg
Sent: Tuesday, March 20, 2018 4:53 PM
To: 'Nicholas Bozarth'
Cc: BOCC; Rieva Lester
Subject: RE: Response to your comment regarding freeholders
Mr. Bozarth,
You are welcome. Thank you, as well. There's nothing like a constitutional convention to bring out public debate!
I will again forward your response to the BOCC to ask that they include all of this in the record of the public hearing. At
least you got your opinion before the BOCC, even though you can't make it to the hearing in person.
Best,
Deputy Prosecuting Attorney
Lewis County Prosecutor's Office
345 W. Main Street, Second Floor
Chehalis,WA 98532-1900
(360)740-1241
This email and any attachments may be confidential and/or protected by legal privilege. If so, and you are not the
intended recipient, be aware that any disclosure, copying, distribution, or use of this email or any attachment is
prohibited. If you have received this email in error, please notify us immediately by returning it to the sender and deleting
this copy from your system. Thank you for your cooperation.
From: Nicholas Bozarth [mailto:nickbozarth @hotmail.coml
Sent:Tuesday, March 20, 2018 4:51 PM
To: Eric Eisenberg<Eric.Eisenberg @lewiscountywa.gov>
Subject: Re: Response to your comment regarding freeholders
Additionally, I do appreciate your invitation to appear in person to the public hearing. I would love to attend
but unfortunately my work schedule does not allow it. Anyways, thanks again!
nb
From: Eric Eisenberg<Eric.Eisenberg @lewiscountywa.gov>
Sent:Tuesday, March 20, 2018 12:18 PM
To: 'Nicholas Bozarth'
Cc: Rieva Lester; BOCC
Subject: RE: Response to your comment regarding freeholders
1
r
Mr. Bozarth,
I am forwarding your email to the BOCC and its Clerk so that your response may be included as public comment, as you
requested.
Your proposed definition of"nomination" as the unitary act of putting an eligible person forth for selection is one
reasonable definition, but not the only one. In this context that definition would lead to some startling policy concerns,
because it would suggest that the BOCC could simply nominate eligible persons of its own choosing to run in the
election. For comparison,please see the use of the word "nominate" in WA Const.Art II sec 15, in which the county
central committee of a political party nominates three people it prefers to hold office based on naked political
preference,or Art.XIII sec 1, in which the governor may nominate any eligible person he or she chooses for certain
executive positions and then the senate votes on them. The BOCC has shied away from this meaning of the word
"nominate" because of the perceived lack of fairness in letting them decide who specifically may run.
In contrast, the word "nominate" is used in other election circumstances to encompass the entire procedure for getting
on the ballot. See RCW 36.32.040, for example,which has County Commissioners"nominated" by district in the manner
of all other offices. Here,"nominated"essentially means getting on the ballot and winning the primary. Then the
nominated candidates run for election county-wide. RCW 36.32.050.
Even this is not the most complicated meaning of"nominate" in the election context. In the presidential election,
"nominate" encompasses many complicated processes: a series of caucuses, or a convention,or a primary. See
generally chapter 29A.56 RCW.
So,there are a range of meanings that "nominate"could mean in this context. The fact that the BOCC is asked to define
a "procedure"for nomination suggests that there is some sort of procedure necessary, and the BOCC is attempting to
meet that obligation.
As for your concern that my interpretation of the constitutional text gives the BOCC too much power in this context: that
is always a valid concern,but the BOCC's power is not unlimited. The state constitutional design (i.e., separation of
powers)and the federal constitution(equal protection;federal supremacy;one-person, one-vote)all constrain the
BOCC's discretion. I think the separate of powers would bar a $1 million filing fee because it would clearly be an attempt
to thwart the constitutional purpose of the freeholder election,which is stands at odds with the BOCC's governing
power. Similarly,although the BOCC wields the power of the purse with broad discretion, it may not defund an
independent elected officer to such an extent as to interfere with that officer's core functions.Though separation of
powers may not be as bright-line as the protections you may be seeking in state law, it is nevertheless a significant
protection.
You also bring up the legislature's power to prescribe the election of the various county officers. But,the Home Rule
provision is specifically designed to abrogate that power and instead deliver it to the county's home rule legislative
body:the charter need only match state law regarding election of county officers with respect to the prosecuting
attorney and judicial offices(each of which is in some sense a state office). Similarly,though the legislature is given the
power to provide for the election of county officers(of which freeholder is one),the constitution abrogates that
authority by specifying how freeholders are to be elected. And it assigns to the BOCC the power to fashion the
nomination procedure---in part because,as I mentioned, the general laws do not neatly apply to this rare and special
form of election.
I hope you can see from this discussion that there is a lot of grey area with regard to freeholder and charter
matters. The constitutional provision has guideposts, but there is very little concrete guidance from case law or even
statutes on the subject. It has happened only a limited number of times in our state's history. So,there is plenty of
room for reasoned disagreement. The BOCC will continue to consider these issues as it works toward a fair, uniform,
and lawful procedure for the nomination of candidates for freeholder.
2
Best,
C cis eideet,469,
Deputy Prosecuting Attorney
Lewis County Prosecutor's Office
345 W. Main Street, Second Floor
Chehalis, WA 98532-1900
(360) 740-1241
This email and any attachments may be confidential and/or protected by legal privilege. If so, and you are not the
intended recipient, be aware that any disclosure, copying, distribution, or use of this email or any attachment is
prohibited. If you have received this email in error, please notify us immediately by returning it to the sender and deleting
this copy from your system. Thank you for your cooperation.
From: Nicholas Bozarth [mailto:nickbozarth @hotmail.com]
Sent: Monday, March 19, 2018 4:04 PM
To: Eric Eisenberg<Eric.Eisenberg @lewiscountywa.gov>
Cc: BOCC<BOCC @Iewiscountywa.gov>; onelewiscounty @gmail.com;webmaster @chronline.com
Subject: Re: Response to your comment regarding freeholders
Mr. Eisenberg,
Thank you for taking time to explain the County's interpretation of the language. However, I still respectfully
disagree.
"Notwithstanding the foregoing provision for the calling of an election by the legislative authority of such
county for the election of freeholders to frame a county charter, registered voters equal in number to ten (10)
per centum of the voters of any such county voting at the last preceding general election, may at any time
propose by petition the calling of an election of freeholders." makes clear that despite no call by the legislative
authority for an election registered voters may still leverage their authority to call for an election.
You state, "Nomination" includes the process of getting on the ballot. In contrast,the common usage of
nomination involves an act, not a process. Simply put one may be nominated for a position, either by
themselves or another, so long as they are eligible for the position. At that point nomination is done. It is then
decided by the nominee whether they accept or reject. If the nominee accepts then they begin the process to
become a candidate and the first step in the election process of being placed on a ballot. The constitution
addresses this by stating"The procedure for the nomination of qualified electors as candidates for said board
of freeholders shall be prescribed by the legislative authority of the county, and the procedure for the framing
of the charter and the submission of the charter as framed shall be the same as in the case of a board of
freeholders chosen at an election initiated by the legislative authority of the county." This is not a different
procedure but rather a continuation of the entire process. It also makes clear it is a prescribing authority of
the procedure, not an authority to create a procedure. In fact the "procedure" is identified, and specifically
what is decided, by stating the legislative authority of the county "shall apportion the number of freeholders
to be elected in accordance with either the legislative districts or the county commissioner districts, if any,
within said county, the number of said freeholders to be elected from each of said districts to be in proportion
to the population of said districts as nearly as may be". Therefore the "procedure for the nomination of
qualified electors as candidates" is made by the county commissioners by deciding what districts to use, thus
nominating qualified electors as candidates to run for a particular position based on their respective
geographical positions. In other words an individual from Packwood is not nominated as a qualified elector to
run as a candidate for the PeEll area. In the end the election of candidates remains an election. It certainly
3
does not allow "the county legislative authority to [sic] right to fashion a nomination procedure not bound by
the normal election laws" as you stated.
If the County's interpretation of that one half of the sentence regarding the procedure is correct then that
would likely be the most powerful half-sentence in the entire Constitution as this would completely throw out
all current election laws and allow a county commission to literally do whatever they want when navigating
this topic. Thankfully this is not the case though. State election laws must still be followed. This would make
sense as in the case of a Home Rule Charter where a disgruntled or disagreeing board of county
commissioners could simply apply filing fees of whatever they want (e.g. $1,000,000) in order to derail the
process before it can even get on the ballot. The citizens' protection against this is secured in the State
Constitution Article XI SECTION 5 COUNTY GOVERNMENT. "The legislature, by general and uniform laws, shall
provide for the election in the several counties of boards of county commissioners, sheriffs, county clerks,
treasurers, prosecuting attorneys and other county, township or precinct and district officers, as public
convenience may require...) In this case "other county officers" would include freeholders and the state
legislature has established "general and uniform laws" which includes RCW29A.24.091 outlining filing fees.
Regarding the County's concerns around filing week, Article XI Section 5 allows for elections of"other
officers...as public convenience may require".This should allow for a separate filing period as needed for
Home Rule Charters petitions submitted in time but after the traditional filing week in May, again so long as it
follows the general and uniform laws established by the state legislature as outlined in RCW.
In conclusion, I would still argue an arbitrary filing fee and the "right to fashion a nomination procedure not
bound by the normal election laws" is unconstitutional. Again, I thank you for your time and dialogue and I
would appreciate this response being attached to my original letter to the Board.
Respectfully,
Nicholas Bozarth
From: Eric Eisenberg<Eric.Eisenberg @Iewiscountvwa.gov>
Sent: Monday, March 19, 2018 10:16 AM
To: 'nickbozarth @hotmail.com'
Cc: BOCC
Subject: Response to your comment regarding freeholders
Mr. Bozarth,
Thank you for your thoughtful and civic-minded email concerning the proposed filing fee for candidates for
freeholder. The email was routed to me because I am the deputy prosecuting advising the Board of County
Commissioners about the freeholder and charter process. Sorry for the delay in responding to you; I had to
inform the BOCC of your letter in an open public meeting, and the soonest one to occur after I learned of your
letter was this morning.
Your concern was that a $100 filing fee would be unconstitutional, based on language in Art. XI, Sec. 4 of the
state constitution saying that the elections "shall be governed by the law regulating and controlling general or
special elections," and the state statutes setting forth filing fees for candidates for office.
The constitutional clause quoted above concerns freeholder elections initiated by the county legislative
authority, which is not Lewis County's current situation. Lewis County's freeholder elections instead stem
from a citizen petition, which is described two paragraphs later in a different procedure that applies
"notwithstanding the foregoing provision." In that paragraph,the county legislative authority is given the
power to set the procedure for the nomination of candidates for freeholder. In contrast, the procedure for
4
framing and submitting the resulting charter to the voters is directed to be the same as in the preceding
paragraph you described, i.e., according to the normal laws regulating general special elections. Based on
these points, the nomination procedure need not match the normal legal procedure for the nomination of
candidates. This makes sense because a citizen petition for freeholders' election may be filed only 3 months
before the general election, and so all of the normal rules about filling (such as filing week in May, for
example) would not work. To avoid this problem, by design the constitution gives the county legislative
authority to right to fashion a nomination procedure not bound by the normal election laws. "Nomination" is
not defined in the constitution; in common usage, it includes the procedure for how one gets on the ballot,
which includes the filing fee. As a result, it is not unconstitutional to adopt a freeholder nomination procedure
that has a filing fee different than the RCW you cited.
However, whether something is illegal is a different question than whether it is the best policy. You raise
policy concerns about whether it is appropriate to use the filing fee to screen potential candidates for
seriousness. That is certainly a valid point of view. Thank you for making your voice heard on that issue. The
Board of Commissioners will consider your policy argument at its hearing on April 2, 2018, and will include
your letter as part of the record of that proceeding to demonstrate its relevance to the issue. If you change
your mind about attending, you are welcome to come to express your point of view to help aid the Board in its
decision.
Once again, thank you for your comment.
Best,
et4- &motley
Deputy Prosecuting Attorney
Lewis County Prosecutor's Office
345 W. Main Street, Second Floor
Chehalis,WA 98532-1900
(360) 740-1241
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intended recipient, be aware that any disclosure, copying, distribution, or use of this email or any attachment is
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this copy from your system. Thank you for your cooperation.
From: webmaster On Behalf Of nickbozarth @hotmail.com
Sent: Tuesday, March 13, 2018 4:15 PM
To: Lewis County Elections
Subject: [Elections] Freeholder Filing Fees
Nicholas Bozarth (nickbozarth @hotmail.com) sent a message using the contact form at
http://lewiscountywa.gov/contact.
Nicholas W. Bozarth
156 Sareault Rd
5
Toledo, WA
nickbozarth @hotmail.corn
March 3, 2018
Honorable Edna Fund, County Commissioner Honorable Bobby Jackson, County Commissioner Honorable Gary
Stamper, County Commissioner Hon. Jonathan Meyer, County Prosecuting Attorney Hon. Larry Grove, County
Auditor
CC: The Chronicle, One Lewis County
Honorable Elected Officials,
I am inquiring into the proposed filing fee of$100 for the upcoming Freeholder elections. As you know, Article
XI, Section 4 of the Washington State Constitution outlines the process for electing Freeholders. It clearly
permits the legislative authority of the county to establish the procedure of the election of Freeholders but
not the filing fee for the position ("The procedure for the nomination of qualified electors as candidates for
said board of freeholders shall be prescribed by the legislative authority of the county" —WA St. Constitution.).
Additionally it states "Said elections may be general or special elections and except as herein provided, shall
be governed by the law regulating and controlling general or special elections in said county" The Revised
Code of Washington prescribes the authority for filing fees of elected offices ("A filing fee of ten dollars shall
accompany the declaration of candidacy for any office with a fixed annual salary of one thousand dollars or
less; a filing fee equal to one percent of the annual salary of the office at the time of filing shall accompany the
declaration of candidacy for any office with a fixed annual salary of more than one thousand dollars per
annum. No filing fee need accompany a declaration of candidacy for precinct committee officer or any office
for which compensation is on a per diem or per meeting attended basis" —RCW29A.24.091).
Based on my reading of the Washington State Constitution and Revised Code of Washington it seems that a
fee of specifically ten dollars shall be imposed given that the office will have a "fixed annual salary of one
thousand dollars or less". I believe one may even successfully argue no fee need be attached given that the
position is for an "office for which compensation is on a per diem or per meeting attended basis". It has been
reported in local media that the $100 fee was proposed by the County Commission to ensure "serious
candidates" only. Barring ignorance on my part to another statute that allows arbitrary filing fees may be
established "to ensure serious candidates only" then the $100 dollar proposal would be unconstitutional.
Finally, please accept this letter in lieu of my attendance to the upcoming public hearing regarding the
Freeholder nomination procedure. I would argue that the proposed $100 fee (if legally allowed) deters many
from considering running for the position. The beauty of the Freeholder process is the ability to allow any
eligible citizen, regardless of financial means, an opportunity to participate in a process to determine their
own way of self-governance.
While for some $100 may not be a financial hardship there remains many that could not afford it. I am aware
of the hardship petition regarding filing fees but I believe we could all agree it is a burdensome and
unnecessary step for a servant position that will pay no salary. The Freeholder election is a serious business
and I put fullest faith in the electorate to determine "serious candidates" when they cast their vote, not fees
imposed by a Board of County Commissioners.
Respectfully,
Nicholas W. Bozarth
6
Toledo, WA
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le•itimate before opening it.
r
Rieva Lester
From: Eric Eisenberg
Sent: Thursday, March 22, 2018 2:58 PM
To: Rieva Lester
Cc: Jonathan Meyer
Subject: FW: freeholder procedure feedback
Rieva,
Can you please include this letter as public comment for the April 2 hearing?
Best,
ettie ef,;ec r.
Deputy Prosecuting Attorney
Lewis County Prosecutor's Office
345 W. Main Street, Second Floor
Chehalis, WA 98532-1900
(360) 740-1241
This email and any attachments may be confidential and/or protected by legal privilege. If so, and you are not the
intended recipient, be aware that any disclosure, copying, distribution, or use of this email or any attachment is
prohibited. If you have received this email in error, please notify us immediately by returning it to the sender and deleting
this copy from your system. Thank you for your cooperation.
From:Jonathan Meyer
Sent:Thursday, March 22, 2018 1:43 PM
To: Randy Mueller<randy.mueller @yahoo.com>; BOCC<BOCC @lewiscountywa.gov>
Cc: Larry Grove<Larry.Grove @lewiscountywa.gov>; Eric Eisenberg<Eric.Eisenberg @lewiscountywa.gov>; David Fine
<David.Fine @lewiscountywa.gov>; Ross Petersen<Ross.Petersen @lewiscountywa.gov>
Subject: Re: freeholder procedure feedback
Thank you for your comments. We always appreciate the feedback.
Please excuse my brevity. 1 am replying from my mobile device.
Jonathan Meyer
Lewis County Prosecuting Attorney
Sent from my Sprint Samsung Galaxy S9+.
Original message
From: Randy Mueller<randv.mueller%ciwahoo.com>
Date: 3/22/18 13:36 (GMT-08:00)
To: BOCC <BOC C(ujlewiscountvwa.gov>
1
Cc: Jonathan Meyer <Jonathan.Mever@lew°iscountywa.gov>, Larry Grove
<I,Larry.Grove(ir lewiscountywa.gov>
Subject: freeholder procedure feedback
Hello Commissioners,
I'm writing you from my personal email, on my own time, to share my opinion of the proposed freeholder election process.
My opinion: these are great! I do support the draft procedures as written and encourage you to adopt them ASAP. I
believe it's important that when you have these public informational meetings about the process, people can actually know
for certain what the process will be.
I had read that possibly subdividing the commissioner districts into smaller sub-districts was being considered, and I
would certainly recommend against doing that. The idea is noble, in that you'd be be trying to have the most diverse
representation possible, but I think you'd actually be "letting the perfect be the enemy of the good", so to speak. You'd be
setting up an administrative headache for your staff, and the added complication of limiting candidates to a very small
district would discourage participating and add unnecessary confusion to the process. l believe by just balancing between
the 3 commissioner districts you'll have enough diversification, and I trust the voters enough not to elect all 5 freeholders
in a commissioner district from Morton,just as an example, excluding all others.
I won't be running for Freeholder in Lewis County, but I do intend to attend the Freeholder meetings as a member of the
public and help however I can.
Thanks for listening!
Randy Mueller
Lewis County resident&former Freeholder
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2
AFFIDAVIT OF PUBLICATION
STATE OF WASHINGTON ' -_ -
COUNTY OF LEWIS f SS Lewis County
Summary of Proposed Resolution
Lewis County hereby gives
The undersigned,on oath state that he/she is an authorized representative notice that a resolution to adopt
of The East County Journal,a weekly newspaper,which newspaper is a a nomination procedure For
candidates for the public office of
legal newspaper of general circulation and it is now and has been for more Freeholder shall be the subject of 1
than six month prior to the date of publication hereinafter referred to, a public hearing before the Board
published in the English language continuously as a weekly newspaper of County Commissioners at 10:o0
in Morton, Lewis County,Washington,and it is now and during all of a.m. on Monday,April 2, 2018,
said time was printed in an office maintained at the aforesaid place of at the Historic Courthouse at 351
N.W. North Street, Chehalis. It
publication of this newspaper. may then be enacted immediately
at the conclusion thereof.' The
The notice in the exact form annexed, was published in regular issues Resolution,if adopted,will set forth
of The East County Journal which was regularly distributed to its the declaration of candidacy and
subscribers during the below stated period. other requirements for candidates
seeking election as a Freeholder on
The annexed notice,a , the Board of Freeholders, which
k `lL eafie?`)m og (�_ ?oc 2e Board may be established if the
1(� �'r'[� voters of Lewis County approve
(`f� the proposition to form the Board of
PtSCi iS)j �f\_ Freeholders at the general election
in November 2018. The full text
J I q,+ '20 r of the proposed Resolution will be
was published on UGLYl.V"- 1LI, l mailed to any person,upon request
directed to the Clerk of the Board
of County Commissioners, tel.
360-740 1120.
Published by instruction of the
The amount of the fee charged for the foregoing publication is the sum Lewis County Board of County
Commissioners, 351 N.W. North
pp 96 St,Chehalis.
of$ 1+ Rieva Lester,Clerk of the Board
Published in The East County jk.
`v Journal
March 14,2018
Subscribed and sworn to before me this Iq day ofN l/'
oolll111111N/lp�� Notary Public in and for the
0�N M�+//i�i4�� State of Washington
QS�N ��F9i� Residing in Mcti G� CO /A?�% 3
* NOTR y S
�_
r"' U
ti
. 81I C r
�;
f
-kite t 11100
103015 Proposed Resolution
Lewis County
Summary of
Proposed Resolution
Lewis County hereby gives
notice that a resolution to
AFFIDAVIT adopt a nomination proce-
OF PUBLICATION
dure for candidates for the
public office of Freeholder
STATE OF WASHINGTON shall be the subject of a
public hearing before the
COUNTY OF LEWIS Board of County Commis-
sioners at 10:00 a.m. on
Monday, April 2, 2018, at
Amanda Curry,and/or Kim Proffitt,says that she is the legal clerk the Historic Courthouse at
of 351 N.W. North Street,
Chehalis. It may then be
'7R enacted immediately at the
'Pe r conclusion thereof. The
ebroiitttr Resolution, if adopted, will
set forth the declaration of
a semi-weekly newspaper,which has been established,published candidacy and other re-
quirements for candidates
in the English language,and circulated continuously as a seeking election as a Free-
semi-weekly newspaper in the City of Centralia,and in Lewis holder on the Board-of
County,Washington,general circulation in Lewis County for Freeholders, which Board
more than six(6)months prior to the date of the first publication may be established if the
of the notice hereto attached,and that the said Chronicle was on voters of Lewis County
the 7th day of July 1941,approved as a legal newspaper by the approve the proposition to
Superior Court of said Lewis County.And that the attached is a form the Board of Free-
true copy and was published in regular issues(and not in holders at the general
supplement form)of said newspaper as LEGAL#103015 election in November
2018. The full text of the
RE:Propose Resolution proposed Resolution will
4 be mailed to any person,
once each for a period of 2 upon request directed to
the Clerk of the Board of
commencing on 0 /13/2018 and ending on 03/15/2018 County Commissioners,
tel.360-7401120.
and both regularly distributed to its subscribers during all of said Published by instruction of
period.That the full amount of the fee charged for the foregoing the Lewis County Board of
•I' ation is the •um o '.41.04 County Commissioners,
351 N.W. North St,Cheha-
', ��� ) L lis. Lester,
Subs ' • . e sworn to befor- -•e 0 1' 2018 Clerk of the Beard
Publish The Chronicle:
,�—iti At March 13 and 15,2018
The East County_Journal:
Notary 'ublic in and for the State of Washington, March 14,2018
resi a 1--/ ` .00 @ M1�e,
*4 \ D >b1 Published:The Chronicle
March 13&15,2018
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BOCC�AGENDA ITEM SUMx . IS .
yi
..nn¢�.Jtfuna¢.. ,i` .t.as_+sc s1G..}n_ ea-+uuv-'oan.daa bu.¢�.r� .� ` rl; b..a,+#c, `fi ffi,.; - @.
-Resolution:" BOCC'Meeting Date: Apr 62;2018
suggested Wording for Agenda Item: Agenda'Type: Beat-frig-
Adopt a nomination procedure for,candidates'for'thepublic office'of'freeholder.
Contact. Rieva.Lester Phone: :360-740-11207
De ailment. Board ofCbun ty C oriisS
ioners
Action;Needed: Approve Resolution
;Description
•
Adopt a nomination procedure:.for candidates for the public office",of`freeholder:
Publication Requitement:,'
• Hearing:Date: Apr 02 ,20I8 -
Publications:
•
PublicationDates:.
•