Clarifying the filing procedure for indigent candidates for Freeholder BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
CLARIFYING THE FILING ) RESOLUTION NO. 18- I3(t,
PROCEDURE FOR INDIGENT
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 Xl, section 4 of the Washington Constitution requires the county
legislative authority to set the nomination procedure for freeholders; and
Whereas this Board adopted such a procedure on April 2, 2018 in Resolution 18-119;
and
Whereas the adopted procedure requires a candidate filing fee of $50; and
Whereas no write-in candidacy or other procedure to appear on the ballot is specified;
and
Whereas the procedure is silent as to what should happen if a candidate for freeholder
is indigent and unable to pay the filing fee; and
Whereas federal constitutional law provides that a mechanism must exist for an indigent
candidate to file even if he or she cannot pay the filing fee; and
Whereas a Washington State Attorney General's opinion suggests that one such
mechanism can be to accept a candidate's filing upon an under-oath statement that the
candidate is unable to pay the full fee;
Now therefore, be it resolved:
1. If a candidate for the office of freeholder is indigent and unable to pay the full filing
fee for the office, the candidate's filing may nevertheless be accepted and his or
her name placed upon the ballot if all of the following occur within the period
allowed for candidate filing:
a. The candidate shall file for candidacy in person at the Auditor's Office. (The
electronic filing system provides no way to carry out the indigency
procedure herein.)
b. The candidate shall pay such lesser amount than $50, if any, as he or she
is able to pay.
c. The candidate shall submit a statement in substantially the following form
to the Lewis County Auditor's Office:
"I, [candidate's full name], declare under penalty of perjury under the
laws of the State of Washington that I am without sufficient assets or
income to pay the $50 filing fee required of candidates for freeholder.
I therefore request that my Affidavit and Declaration of Candidacy,
attached, be accepted and filed and that my name be printed on the
ballot."
The candidate shall sign his or her name to the statement and list the date
and place within Washington in which he or she signed. The candidate shall
attach his or her Affidavit and Declaration of Candidacy to the statement, or
may submit the statement with the Affidavit and Declaration of Candidacy
and ask the Auditor's Office staff to attach them.
and
d. The candidate shall comply with the nomination procedure in all respects
other than those specified herein.
2. This resolution is meant to be a clarification and explanation of further procedures
not specified in Resolution 18-119 so as to maintain its constitutionality. It is not
meant in any respect to overrule or otherwise suggest that Resolution 18-119 lacks
force. The freeholder nomination procedure adopted in Resolution 18-119 remains
adopted and controlling.
PASSED IN REGULAR SESSION THIS I (c day of r_o_ , 2018, after a public
hearing was held.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
626 -
By: Civil Deputy Prosecuting Attorney Es . Fund, Ch i
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ATTEST: Robert C. Jackson, Vice Chair
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Rieva Lester, Clerk of the Board" SINCE `oe Gary tamper, ,•mmissioner
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BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Apr 16, 2018
Suggested Wording for Agenda Item: Agenda Type: Consent
Clarifying the filing procedure for indigent candidates for freeholder.
Contact Rieva Lester Phone: 360-740-1120
Department: Board of County Commissioners
Action Needed: Approve Resolution
Description
Clarifying the filing procedure for indigent candidates for freeholder.
Approvals:
User Group Status
Eisenberg, Eric Prosecutor Pending
Additional Copies
Larry Grove, Tom Stanton and Heather Boyer of the Auditor's Office