AGO 1949-51 No. 184.

• Case Date: December 20, 1949
• Court: Washington

Washington Attorney General Opinions 1949. AGO 1949-51 No. 184. December 20, 1949[Orig. Op. Page 1]PRIVATEMEMBERS OF STATE LEGISLATURE BECOMING CANDIDATES FOR ELECTIVE POSITIONS IN CITIES.State law does not restrict the right of present senators and representatives from becoming candidates for elective positions in cities, but city charters might contain some restrictions.Honorable R. E. Morris Representative, 32nd District 4729 Roosevelt Way Seattle 5, WashingtonCite as: AGO 1949-51 No. 184Dear Sir: We have your letter of November 28, 1949, in which you ask the following question: May members of the State Senate and House of Representatives become candidates for a city office? The conclusions reached may be summarized as follows: State law does not restrict the right of present senators or representatives from becoming candidates for elective positions in cities, but city charters might contain some restriction. ANALYSIS You ask for a clarification of the law regarding state senators and representatives being candidates for city office. First, permit the following general observation. Section 13, Article II of the Washington State Constitution provides: "No member of the legislature during the term for which he is elected shall be appointed or elected to any civil office in the state which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected." [Orig. Op. Page 2] In State ex rel. Pennick v. Fall, 25 Wn. (2d) 172, 173 P. (2d) 153, this section was held to bar a member of the legislature, which increased the annual salaries of county officers, from being a candidate for county auditor at the election of 1946, although the term of office of such member would have expired on the same day as the term of office of the county auditor, who would be elected at the time of election in 1946, would commence. We know of no law passed at either of the legislative sessions in 1947 or 1949 which affected either the emoluments of city or township officers or the creation of the position of city or town civil officials. Therefore, at the present time, section 13, Article II, of the Constitution has no application to your inquiry. We know of no court decision in this state on the question of whether the offices of elective city officials and of members of the state legislature are...