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Guidelines

Filings made by mail must be received by the filing officer not earlier than ten (10) working days (Monday May 18, 2009) before the first day for filing (Monday, June 1, 2009) nor later than the close of business (5:00 PM) on the last day of the filing period (Friday, June 5, 2009).  Filings received before or after this period, irrespective of postmark, are invalid and will be returned. 

Filings sent by facsimile are also accepted during the filing period.  However, no filing by electronic facsimile shall be accepted where a filing fee must accompany the filing unless the person making the filing has also provided for that fee to be paid in conjunction with the electronic facsimile filing. The Auditor must receive the original Declaration of Candidacy within seven (7) calendar days after the receipts of the facsimile filing.  If the Auditor does not receive the original filing within seven (7) calendar days, the filing will be rejected and the candidate notified.

If a position has no filings during the normal filing period, a special three (3) day filing period [three (3) normal working days] will be called by the County Auditor for Monday, June 8, 2009 through Wednesday, June 10, 2009.

Filing fees

Filing fees are based on the salary at the time of filing for office.  Fee is 1% of salary for yearly salaries over $1,000.  It is $10.00 for an annual salary of $1,000 or less.  If paid for attending meeting (per diem), with no fixed annual salary, then no filing fee is required.

 FILING FEES ARE NOT REFUNDABLE!!

Insufficient assets for filing

A candidate, who lacks sufficient assets or income at the time of filing, shall submit a filing fee petition in lieu of the filing fee.  The filing fee petition must contain valid signatures of registered voters, of the district, equal in number to the dollars of the normal filing fee.

Residency requirements

CITY COUNCIL:

City Council members must be a qualified voter of the district.  Please contact your City Clerk for eligibility requirements.

SCHOOL DISTRICT DIRECTORS:

School District Directors must be a qualified voter of the district.  Directors elected may not take office unless he or she resides in the director district from which elected. The oath of office shall be filed with the County Auditor.  The term of office is four (4) years.  School directors assume office at the first meeting after election returns are certified. 

FIRE PROTECTION DISTRICT COMMISSIONERS:

Fire Protection District Commissioners must be a qualified voter of the district.  The oath of office shall be filed with the County Auditor.  The term of office is six (6) years commencing on January 1st, unless the position is for less than the full six (6) years, then the term begins upon certification of election. 

PORT DISTRICT COMMISSIONERS:

Port District Commissioners must be a qualified voter of the Commissioner district from which elected.  The oath of office shall be filed with the County Auditor.  The term of office is six (6) years commencing on January 1st, unless the position is for less than the full six (6) years, then the term begins upon certification of election. 

HOSPITAL DISTRICT COMMISSIONERS:

Hospital District Commissioners must be a qualified voter of the district. The oath of office shall be filed with the County Auditor.  The term of office is six (6) years commencing on January 1st, unless the position is for less than the full six (6) years, then the term begins upon certification of election.

WATER DISTRICT COMMISSIONERS:

Water District Commissioners must be a qualified voter of the district.  The oath of office shall be filed with the County Auditor.  The term of office is six (6) years commencing on January 1st, unless the position is for less than the full six (6) years, then the term begins upon certification of election.

SEWER DISTRICT COMMISSIONERS:

Sewer District Commissioners must be a qualified voter of the district. The oath of office shall be filed with the County Auditor.  The term of office is six (6) years commencing on January 1st, unless the position is for less than the full six (6) years, then the term begins upon certification of election. 

No double filings

Excluding the office of Precinct Committee Officer, Freeholder, or Charter Review Commissioner, a candidate's name shall not appear more than once upon a ballot. (Reference RCW 29A.36.200)

Reopening of filing

Filings for all offices shall be reopened for a period of three normal business days; such period to be fixed by the Election Officer with whom such Declarations of Candidacy are filed, and notice is given by notifying the press, radio and television in the county and by such other means as may now or hereafter be provided by law whenever before the eleventh Tuesday prior to a primary:

1. A void in candidacy occurs;
2. A vacancy occurs in any leaving an unexpired term to be filled by an election for which filings have not been held; or
3. A nominee for judge of the Superior Court entitled to a certificate of election pursuant to Article 4, section 29, Amendment 41 of the State Constitution, dies or is disqualified .

Lapse of election when no filing for single positions

If after both the normal filing period and special three day filing period as provided by RCW 29A.24.171 and 29A.24.181 have passed, no candidate has filed for any single city, town, or district position to be filled, the election for such position shall be deemed lapsed, the office deemed stricken from the ballot and no write-in votes counted. In such instance, the incumbent occupying such position shall remain in office and continue to serve until a successor is elected at the next election when such positions are voted upon. (RCW 29A.24.201)

Where to file declaration of candidacy

Any nonpartisan office except judicial and schools shall file in the county that contains the majority of the registered voters of the district. (Reference RCW 29A.24.070, 28A.323.040 (3))

Secretary of State:
Elections Division
PO Box 40220
Olympia, WA 98501-0220
(360) 902-4180

Offices that file with the Secretary of State:

• President/Vice President
• US Senators
• US Representatives
• State Offices
• State Supreme Court
• State Senators & Representatives (District 8/District 16)
• Superior Court

Benton County Elections:
Benton County Elections Dept
PO BOX 470
Prosser, WA 99350
(509)736-3085

Offices that file with Benton County Elections:

• State Senators & State Representatives (District 8 only)
• Benton County Offices
• District Court
• City Offices
• School District Offices
• Port District Offices
• Public Hospital District Offices
• Fire District Offices
• Water District
• Precinct Committee Officers

Write-ins

Any person desiring to be a write-in candidate for any regular office or office of Precinct Committee Officer may, if the jurisdiction of the office sought is entirely within one county, file a Declaration of Write-in Candidacy with the County Auditor and pay the filing fee (if any) no earlier than the day after the regular filing period and no later than the day before the election. If the jurisdiction of the office sought encompasses more than one county, the Declaration of Write-in Candidacy shall be filed with the Secretary of State.

Votes cast for write-in candidates who have filed such declarations, need only specify the name of the candidate in the appropriate location on the ballot and the oval filled in to the left of the write-in, in order to be counted. Write-in votes will not be tallied unless the number of write-in votes plus the sum of the number of under votes and over votes could make a difference in the results for a specific race. In that case, the number of votes for each write-in candidate for that race must be tabulated (whether a declaration of write-in candidacy has been filed or not.)

No person may file as a write-in candidate where: At a General Election, the person attempting to file either filed as a write-in candidate for the same office at the preceding Primary or the person's name appeared on the ballot for the same office at the preceding Primary; the person attempting to file as a write-in candidate has already filed a valid write-in declaration for that Primary or election, unless one or the other of the two filings is for the office of precinct committee officer; the name of the person attempting to file already appears on the ballot as a candidate for another office, unless one of the two offices for which he or she is a candidate is precinct committee officer.

The declaration of write-in candidacy shall be similar to that required by RCW 29A.24.031. No write-in candidate filing under RCW 29A.24.311 may be included in any voter's pamphlet produced under chapter 29A.32 RCW unless that candidate qualifies to have his or her name printed on the General Election ballot. The legislative authority of any jurisdiction producing a local voter's pamphlet under chapter 29A.32 RCW may provide, by ordinance, for the inclusion of write-in candidates in such pamphlets.(Reference RCW 29A.32.311)