AGO 1949-51 No. 146.

Case DateOctober 18, 1949
CourtWashington
Washington Attorney General Opinions 1949. AGO 1949-51 No. 146. October 18, 1949[Orig. Op. Page 1]PRIVATENeither chapter 161, Laws of 1949, nor chapter 182, Laws of 1947, apply to elections in irrigation districts.Honorable Earl CoeSecretary of StateLegislative Building Olympia, WashingtonCite as: AGO 1949-51 No. 146Dear Sir: We have your letter of October 3, 1949, in which you propound some four separate inquiries, all relating to the effect which chapter 161, Laws of 1949, may have upon elections in irrigation districts. In view of the attitude which we take upon this question, we are not giving categorical answers to your separate inquiries. The conclusions reached may be summarized as follows: Neither chapter 161, Laws of 1949, nor chapter 182, Laws of 1947, apply to elections in irrigation districts. ANALYSIS The 1945 legislature passed chapter 194, Laws of 1945, relating to elections and voting in counties of the second to ninth classes, inclusive. On January 21, 1946, we held in an opinion to the Prosecuting Attorney of Douglas County that section 3 of chapter 194 applied to irrigation district elections. After a more complete study of the question and on March 13, 1946, we reversed such holding and issued an opinion to the Prosecuting Attorney of Douglas County holding that chapter 194, Laws of 1945, did not apply to irrigation district elections, such elections being governed by special election laws. Section 3, chapter 194, supra, covered the same identical subject matter as did the statute under consideration in the case of State ex rel. Wenatchee Heights Reclamation District v. Banker, 179 Wash. 343, 37 P. (2d) 1115. The reasoning of such case is summarized in the following quotation: "Irrigation district special elections always have been exceptions. These districts may be created comprising territory in more than one county. The [Orig. Op. Page 2] right of suffrage in their special elections differs vastly, for one thing, in requiring ownership of land in such district, but not requiring residence therein. Corporations may vote thereat, through their duly authorized officers, which is not permitted at any other county or municipal election. There are other differences as to qualifications of voters at such special elections with the qualifications of electors at all other elections, unnecessary to mention. It is...

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