AGO 1949-51 No. 198.

• Case Date: January 19, 1950
• Court: Washington

Washington Attorney General Opinions 1950. AGO 1949-51 No. 198. January 19, 1950[Orig. Op. Page 1]PRIVATEELECTIONS - DRAINAGE DISTRICT - JURISDICTION TO CONDUCT.County Auditor, as ex-officio supervisor of elections, has sole jurisdiction to conduct drainage district elections in Class A and first class counties.Honorable Earl Coe Secretary of State Legislative Building Olympia, WashingtonCite as: AGO 1949-51 No. 198Dear Sir: You have requested the opinion of this office as to whether a county auditor, as ex-officio county supervisor of elections, has jurisdiction to conduct drainage district elections or whether the duty of conducting such elections is vested with the Board of Drainage District Commissioners. It is our opinion that pursuant to chapter 161, Laws of 1949, the county auditor, as ex-officio county supervisor of elections, has exclusive jurisdiction to conduct drainage district elections in Class A and first class counties. ANALYSIS Chapter 104, Laws of 1949 [§ 4303 Rem. Supp. 1949] provides in part as follows: "A general election for the election of a Board of Drainage Commissioners of such district shall be held upon the second Tuesday in March * * *. The term of office shall begin on the first Monday of the following April, and such elections shall be conducted by the Board of Drainage Commissioners who shall prepare the ballot therefor, and the expenses thereof shall be defrayed by said district * * *" Section 1, chapter 161, Laws of 1949 [§ 5144 Rem. Supp. 1949] provides in part as follows: [Orig. Op. Page 2] "All city, town, * * * drainage district, drainage improvement district * * * and all other municipal and district elections * * * whether general or special, and whether for the election of municipal or district officers * * * shall be held in Class A counties and counties of the first class on the second Tuesday in March * * *" Section 5 thereof [§ 5153-1 Rem. Supp. 1949] provides: "All elections held under section 1 of this act shall be conducted by the County Auditor as ex-officio County Supervisor of Elections and shall be canvassed by the County Canvassing Board of Election Returns * * *" Drainage district elections are scheduled for the same date as general city elections. It appears that the legislature purported to grant sole jurisdiction in these drainage district elections both to the...