2004 Revised Code of Washington Constitution of the State of Washington
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CONSTITUTION OF THE STATE OF WASHINGTON
This Constitution was framed by a convention of seventy-five
delegates, chosen by the people of the Territory of Washington
at an election held May 14, 1889, under section 3 of the
Enabling Act. The convention met at Olympia on the fourth
day of July, 1889, and adjourned on the twenty-second day of
August, 1889. The Constitution was ratified by the people at an
election held on October 1, 1889, and on November 11, 1889,
in accordance with section 8 of the Enabling Act, the president
of the United States proclaimed the admission of the State of
Washington into the Union.
TABLE OF CONTENTS
(A) Constitution of the State of Washington
(B) Constitutional Amendments (in order of adoption)
(C) Index to State Constitution.
In part (A), for convenience of the reader, the latest
constitutional amendments have been integrated with the
currently effective original sections of the Constitution with
the result that the Constitution is herein presented in its
currently amended form.
All current sections, whether original sections or
constitutional amendments, are carried in Article and section
order and are printed in regular type.
Following each section which has been amended, the
original section and intervening amendments (if any) are
printed in italics.
Appended to each amendatory section is a history note
stating the amendment number and date of its approval as
well as the citation to the session law wherein may be found
the legislative measure proposing the amendment; e.g.
"[AMENDMENT 27, 1951 House Joint Resolution No. 8,
p 961. Approved November 4, 1952.]"
In part (B), the constitutional amendments are also
printed separately, in order of their adoption.
(A) Constitution of the State of Washington
PREAMBLE
Article I — DECLARATION OF RIGHTS
Sections
1
Political power.
2
Supreme law of the land.
3
Personal rights.
4
Right of petition and assemblage.
5
Freedom of speech.
6
Oaths — Mode of administering.
7
Invasion of private affairs or home prohibited.
8
Irrevocable privilege, franchise or immunity
prohibited.
9
Rights of accused persons.
10
Administration of justice.
11
Religious freedom.
12
Special privileges and immunities prohibited.
13
Habeas corpus.
14
Excessive bail, fines and punishments.
15
Convictions, effect of.
(2004 Ed.)
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Eminent domain.
Imprisonment for debt.
Military power, limitation of.
Freedom of elections.
Bail, when authorized.
Trial by jury.
Rights of the accused.
Bill of attainder, ex post facto law, etc.
Right to bear arms.
Prosecution by information.
Grand jury.
Treason, defined, etc.
Hereditary privileges abolished.
Constitution mandatory.
Rights reserved.
Standing army.
Fundamental principles.
Recall of elective officers.
Same.
Victims of crimes — Rights.
Article II — LEGISLATIVE DEPARTMENT
Sections
1
Legislative powers, where vested.
1(a) Initiative and referendum, signatures required.
2
House of representatives and senate.
3
The census.
4
Election of representatives and term of office.
5
Elections, when to be held.
6
Election and term of office of senators.
7
Qualifications of legislators.
8
Judges of their own election and qualification —
Quorum.
9
Rules of procedure.
10
Election of officers.
11
Journal, publicity of meetings — Adjournments.
12
Sessions, when — Duration.
13
Limitation on members holding office in the
state.
14
Same, federal or other office.
15
Vacancies in legislature and in partisan county
elective office.
16
Privileges from arrest.
17
Freedom of debate.
18
Style of laws.
19
Bill to contain one subject.
20
Origin and amendment of bills.
21
Yeas and nays.
22
Passage of bills.
23
Compensation of members.
24
Lotteries and divorce.
25
Extra compensation prohibited.
26
Suits against the state.
27
Elections — Viva voce vote.
28
Special legislation.
29
Convict labor.
30
Bribery or corrupt solicitation.
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Constitution of the State of Washington
31
32
33
34
35
36
37
38
39
40
41
42
43
Laws, when to take effect.
Laws, how signed.
Alien ownership.
Bureau of statistics, agriculture and immigration.
Protection of employees.
When bills must be introduced.
Revision or amendment.
Limitation on amendments.
Free transportation to public officer prohibited.
Highway funds.
Laws, effective date, initiative, referendum —
Amendment or repeal.
Governmental continuity during emergency periods.
Redistricting.
Article III — THE EXECUTIVE
Sections
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Executive department.
Governor, term of office.
Other executive officers, terms of office.
Returns of elections, canvass, etc.
General duties of governor.
Messages.
Extra legislative sessions.
Commander-in-chief.
Pardoning power.
Vacancy in office of governor.
Remission of fines and forfeitures.
Veto powers.
Vacancy in appointive office.
Salary.
Commissions, how issued.
Lieutenant governor, duties and salary.
Secretary of state, duties and salary.
Seal.
State treasurer, duties and salary.
State auditor, duties and salary.
Attorney general, duties and salary.
Superintendent of public instruction, duties and
salary.
Commissioner of public lands — Compensation.
Records, where kept, etc.
Qualifications, compensation, offices which may
be abolished.
Article IV — THE JUDICIARY
Sections
1
2
2(a)
3
3(a)
4
5
6
7
8
9
Judicial power, where vested.
Supreme court.
Temporary performance of judicial duties.
Election and terms of supreme court judges.
Retirement of supreme court and superior court
judges.
Jurisdiction.
Superior court — Election of judges, terms of,
etc.
Jurisdiction of superior courts.
Exchange of judges — Judge pro tempore.
Absence of judicial officer.
Removal of judges, attorney general, etc.
[Vol. 0 RCW—page 26]
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Justices of the peace.
Courts of record.
Inferior courts.
Salaries of judicial officers — How paid, etc.
Salaries of supreme and superior court judges.
Ineligibility of judges.
Charging juries.
Eligibility of judges.
Supreme court reporter.
Judges may not practice law.
Decisions, when to be made.
Publication of opinions.
Clerk of the supreme court.
Court commissioners.
Rules for superior courts.
Reports of superior court judges.
Clerk of the superior court.
Style of process.
Oath of judges.
Election of superior court judges.
Court of appeals.
Commission on judicial conduct.
Article V — IMPEACHMENT
Sections
1
Impeachment — Power of and procedure.
2
Officers liable to.
3
Removal from office.
Article
Sections
1
1A
2
3
4
5
6
7
8
VI — ELECTIONS AND ELECTIVE RIGHTS
Qualifications of electors.
Voter qualifications for presidential elections.
School elections — Franchise, how extended.
Who disqualified.
Residence, contingencies affecting.
Voter — When privileged from arrest.
Ballot.
Registration.
Elections, time of holding.
Article VII — REVENUE AND TAXATION
Sections
1
Taxation.
2
Limitation on levies.
3
Taxation of federal agencies and property.
4
No surrender of power or suspension of tax on
corporate property.
5
Taxes, how levied.
6
Taxes, how paid.
7
Annual statement.
8
Tax to cover deficiencies.
9
Special assessments or taxation for local improvements.
10
Retired persons property tax exemption.
11
Taxation based on actual use.
(2004 Ed.)
Constitution of the State of Washington
Article VIII — STATE, COUNTY, AND
MUNICIPAL INDEBTEDNESS
Sections
1
2
3
4
5
6
7
8
9
10
11
State debt.
Powers extended in certain cases.
Special indebtedness, how authorized.
Moneys disbursed only by appropriations.
Credit not to be loaned.
Limitations upon municipal indebtedness.
Credit not to be loaned.
Port expenditures — Industrial development —
Promotion.
State building authority.
Energy, water, or stormwater or sewer services
conservation assistance.
Agricultural commodity assessments — Development, promotion, and hosting.
Article IX — EDUCATION
Sections
1
2
3
4
5
Preamble.
Public school system.
Funds for support.
Sectarian control or influence prohibited.
Loss of permanent fund to become state debt.
Article X — MILITIA
Sections
1
Who liable to military duty.
2
Organization — Discipline — Officers — Power
to call out.
3
Soldiers’ home.
4
Public arms.
5
Privilege from arrest.
6
Exemption from military duty.
Article XI — COUNTY, CITY, AND
TOWNSHIP ORGANIZATION
Sections
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
(2004 Ed.)
Existing counties recognized.
County seats — Location and removal.
New counties.
County government and township organization.
County government.
Vacancies in township, precinct or road district
office.
Tenure of office limited to two terms.
Salaries and limitations affecting.
State taxes not to be released or commuted.
Incorporation of municipalities.
Police and sanitary regulations.
Assessment and collection of taxes in municipalities.
Private property, when may be taken for public
debt.
Private use of public funds prohibited.
Deposit of public funds.
Combined city-county.
Article XII — CORPORATIONS
OTHER THAN MUNICIPAL
Sections
1
Corporations, how formed.
2
Existing charters.
3
Existing charters not to be extended nor forfeiture remitted.
4
Liability of stockholders.
5
Term "corporation," defined — Right to sue and
be sued.
6
Limitations upon issuance of stock.
7
Foreign corporations.
8
Alienation of franchise not to release liabilities.
9
State not to loan its credit or subscribe for stock.
10
Eminent domain affecting.
11
Stockholder liability.
12
Receiving deposits by bank after insolvency.
13
Common carriers, regulation of.
14
Prohibition against combinations by carriers.
15
Prohibition against discriminating charges.
16
Prohibition against consolidating of competing
lines.
17
Rolling stock, personalty for purpose of taxation.
18
Rates for transportation.
19
Telegraph and telephone companies.
20
Prohibition against free transportation for public
officers.
21
Express companies.
22
Monopolies and trusts.
Article XIII — STATE INSTITUTIONS
Sections
1
Educational, reformatory, and penal institutions.
Article XIV — SEAT OF GOVERNMENT
Sections
1
State capital, location of.
2
Change of state capital.
3
Restrictions on appropriations for capitol buildings.
Article XV — HARBORS AND TIDE WATERS
Sections
1
Harbor line commission and restraint on disposition.
2
Leasing and maintenance of wharves, docks, etc.
3
Extension of streets over tide lands.
Article XVI — SCHOOL AND GRANTED LANDS
Sections
1
Disposition of.
2
Manner and terms of sale.
3
Limitations on sales.
4
How much may be offered in certain cases —
Platting of.
5
Investment of permanent common school fund.
[Vol. 0 RCW—page 27]
Constitution of the State of Washington
Article XVII — TIDE LANDS
Sections
1
Declaration of state ownership.
2
Disclaimer of certain lands.
Article XVIII — STATE SEAL
Sections
1
Seal of the state.
Article XIX — EXEMPTIONS
Sections
1
Exemptions — Homesteads, etc.
Article XX — PUBLIC HEALTH AND VITAL
STATISTICS
Sections
1
Board of health and bureau of vital statistics.
2
Regulations concerning medicine, surgery and
pharmacy.
Article XXI — WATER AND WATER RIGHTS
Sections
1
Public use of water.
Article XXII — LEGISLATIVE APPORTIONMENT
Sections
1
Senatorial apportionment.
2
Apportionment of representatives.
Article XXIII — AMENDMENTS
Sections
1
How made.
2
Constitutional conventions.
3
Submission to the people.
Article XXIV — BOUNDARIES
Sections
1
State boundaries.
Article XXV — JURISDICTION
Sections
1
Authority of the United States.
Article XXVI — COMPACT WITH THE UNITED
STATES
Article XXVII — SCHEDULE
Sections
1
2
3
4
5
6
7
8
9
Existing rights, actions, and contracts saved.
Laws in force continued.
Debts, fines, etc., to inure to the state.
Recognizances.
Criminal prosecutions and penal actions.
Retention of territorial officers.
Constitutional officers, when elected.
Change of courts — Transfer of causes.
Seals of courts and municipalities.
[Vol. 0 RCW—page 28]
10
11
12
13
14
15
16
17
18
19
Probate court, transfer of.
Duties of first legislature.
Election contests for superior judges, how decided.
Representation in congress.
Duration of term of certain officers.
Election on adoption of Constitution, how to be
conducted.
When Constitution to take effect.
Separate articles.
Ballot.
Appropriation.
Article XXVIII — COMPENSATION OF
STATE OFFICERS
Sections
1
Salaries for legislators, elected state officials, and
judges — Independent commission —
Referendum.
Article XXIX — INVESTMENTS OF PUBLIC
PENSION AND RETIREMENT FUNDS
Sections
1
May be invested as authorized by law.
Article XXX — COMPENSATION OF PUBLIC
OFFICERS
Sections
1
Authorizing compensation increase during term.
Article XXXI — SEX EQUALITY — RIGHTS AND
RESPONSIBILITY
Sections
1
Equality not denied because of sex.
2
Enforcement power of legislature.
Article XXXII — SPECIAL REVENUE FINANCING
Sections
1
Special revenue financing.
PREAMBLE
We, the people of the State of Washington, grateful to
the Supreme Ruler of the Universe for our liberties, do
ordain this constitution.
Article I
DECLARATION OF RIGHTS
§ 1 POLITICAL POWER. All political power is
inherent in the people, and governments derive their just
powers from the consent of the governed, and are established
to protect and maintain individual rights.
§ 2 SUPREME LAW OF THE LAND. The Constitution of the United States is the supreme law of the land.
(2004 Ed.)
Constitution of the State of Washington
§ 3 PERSONAL RIGHTS. No person shall be
deprived of life, liberty, or property, without due process of
law.
§ 4 RIGHT OF PETITION AND ASSEMBLAGE.
The right of petition and of the people peaceably to assemble
for the common good shall never be abridged.
§ 5 FREEDOM OF SPEECH. Every person may
freely speak, write and publish on all subjects, being
responsible for the abuse of that right.
§ 6 OATHS — MODE OF ADMINISTERING.
The mode of administering an oath, or affirmation, shall be
such as may be most consistent with and binding upon the
conscience of the person to whom such oath, or affirmation,
may be administered.
§ 7 INVASION OF PRIVATE AFFAIRS OR
HOME PROHIBITED. No person shall be disturbed in his
private affairs, or his home invaded, without authority of
law.
§ 8 IRREVOCABLE PRIVILEGE, FRANCHISE
OR IMMUNITY PROHIBITED. No law granting
irrevocably any privilege, franchise or immunity, shall be
passed by the legislature.
§ 9 RIGHTS OF ACCUSED PERSONS. No person
shall be compelled in any criminal case to give evidence
against himself, or be twice put in jeopardy for the same
offense.
§ 10 ADMINISTRATION OF JUSTICE. Justice in
all cases shall be administered openly, and without unnecessary delay.
§ 11 RELIGIOUS FREEDOM. Absolute freedom
of conscience in all matters of religious sentiment, belief and
worship, shall be guaranteed to every individual, and no one
shall be molested or disturbed in person or property on
account of religion; but the liberty of conscience hereby
secured shall not be so construed as to excuse acts of
licentiousness or justify practices inconsistent with the peace
and safety of the state. No public money or property shall
be appropriated for or applied to any religious worship,
exercise or instruction, or the support of any religious
establishment: PROVIDED, HOWEVER, That this article
shall not be so construed as to forbid the employment by the
state of a chaplain for such of the state custodial, correctional, and mental institutions, or by a county’s or public
hospital district’s hospital, health care facility, or hospice, as
in the discretion of the legislature may seem justified. No
religious qualification shall be required for any public office
or employment, nor shall any person be incompetent as a
witness or juror, in consequence of his opinion on matters of
religion, nor be questioned in any court of justice touching
his religious belief to affect the weight of his testimony.
[AMENDMENT 88, 1993 House Joint Resolution No. 4200,
p 3062. Approved November 2, 1993.]
Amendment 34 (1957) — Art. 1 § 11 RELIGIOUS FREEDOM —
Absolute freedom of conscience in all matters of religious sentiment, belief
and worship, shall be guaranteed to every individual, and no one shall be
(2004 Ed.)
Article I § 3
molested or disturbed in person or property on account of religion; but the
liberty of conscience hereby secured shall not be so construed as to excuse
acts of licentiousness or justify practices inconsistent with the peace and
safety of the state. No public money or property shall be appropriated for
or applied to any religious worship, exercise or instruction, or the support
of any religious establishment: Provided, however, That this article shall
not be so construed as to forbid the employment by the state of a chaplain
for such of the state custodial, correctional and mental institutions as in the
discretion of the legislature may seem justified. No religious qualification
shall be required for any public office or employment, nor shall any person
be incompetent as a witness or juror, in consequence of his opinion on
matters of religion, nor be questioned in any court of justice touching his
religious belief to affect the weight of his testimony. [AMENDMENT 34,
1957 Senate Joint Resolution No. 14, p 1299. Approved November 4,
1958.]
Amendment 4 (1904) — Art. 1 § 11 RELIGIOUS FREEDOM —
Absolute freedom of conscience in all matters of religious sentiment, belief
and worship, shall be guaranteed to every individual, and no one shall be
molested or disturbed in person or property on account of religion; but the
liberty of conscience hereby secured shall not be so construed as to excuse
acts of licentiousness or justify practices inconsistent with the peace and
safety of the state. No public money or property shall be appropriated for
or applied to any religious worship, exercise or instruction, or the support
of any religious establishment. Provided, however, That this article shall
not be so construed as to forbid the employment by the state of a chaplain
for the state penitentiary, and for such of the state reformatories as in the
discretion of the legislature may seem justified. No religious qualification
shall be required for any public office or employment, nor shall any person
be incompetent as a witness or juror, in consequence of his opinion on
matters of religion, nor be questioned in any court of justice touching his
religious belief to affect the weight of his testimony. [AMENDMENT 4,
1903 p 283 § 1. Approved November, 1904.]
Original text — Art. 1 § 11 RELIGIOUS FREEDOM — Absolute
freedom of conscience in all matters of religious sentiment, belief, and
worship, shall be guaranteed to every individual, and no one shall be
molested or disturbed in person, or property, on account of religion; but the
liberty of conscience hereby secured shall not be so construed as to excuse
acts of licentiousness, or justify practices inconsistent with the peace and
safety of the state. No public money or property shall be appropriated for,
or applied to any religious worship, exercise or instruction, or the support
of any religious establishment. No religious qualification shall be required
for any public office, or employment, nor shall any person be incompetent
as a witness, or juror, in consequence of his opinion on matters of religion,
nor be questioned in any court of justice touching his religious belief to
affect the weight of his testimony.
§ 12 SPECIAL PRIVILEGES AND IMMUNITIES
PROHIBITED. No law shall be passed granting to any
citizen, class of citizens, or corporation other than municipal,
privileges or immunities which upon the same terms shall
not equally belong to all citizens, or corporations.
§ 13 HABEAS CORPUS. The privilege of the writ
of habeas corpus shall not be suspended, unless in case of
rebellion or invasion the public safety requires it.
§ 14 EXCESSIVE BAIL, FINES AND PUNISHMENTS. Excessive bail shall not be required, excessive
fines imposed, nor cruel punishment inflicted.
§ 15 CONVICTIONS, EFFECT OF. No conviction
shall work corruption of blood, nor forfeiture of estate.
§ 16 EMINENT DOMAIN. Private property shall
not be taken for private use, except for private ways of
necessity, and for drains, flumes, or ditches on or across the
lands of others for agricultural, domestic, or sanitary purposes. No private property shall be taken or damaged for public
or private use without just compensation having been first
made, or paid into court for the owner, and no right-of-way
[Vol. 0 RCW—page 29]
Article I § 16
Constitution of the State of Washington
shall be appropriated to the use of any corporation other than
municipal until full compensation therefor be first made in
money, or ascertained and paid into court for the owner,
irrespective of any benefit from any improvement proposed
by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil
cases in courts of record, in the manner prescribed by law.
Whenever an attempt is made to take private property for a
use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and
determined as such, without regard to any legislative
assertion that the use is public: Provided, That the taking of
private property by the state for land reclamation and
settlement purposes is hereby declared to be for public use.
[AMENDMENT 9, 1919 p 385 § 1. Approved November,
1920.]
Original text — Art. 1 § 16 EMINENT DOMAIN — Private
property shall not be taken for private use, except for private ways of
necessity, and for drains, flumes or ditches on or across the lands of others
for agricultural, domestic or sanitary purposes. No private property shall
be taken or damaged for public or private use without just compensation
having first been made, or paid into court for the owner, and no right of
way shall be appropriated to the use of any corporation other than
municipal, until full compensation therefor be first made in money, or
ascertained and paid into the court for the owner, irrespective of any
benefit from any improvement proposed by such corporation, which
compensation shall be ascertained by a jury, unless a jury be waived as in
other civil cases in courts of record, in the manner prescribed by law.
Whenever an attempt is made to take private property for a use alleged to
be public, the question whether the contemplated use be really public shall
be a judicial question, and determined as such without regard to any
legislative assertion that the use is public.
§ 17 IMPRISONMENT FOR DEBT. There shall be
no imprisonment for debt, except in cases of absconding
debtors.
§ 18 MILITARY POWER, LIMITATION OF. The
military shall be in strict subordination to the civil power.
§ 19 FREEDOM OF ELECTIONS. All Elections
shall be free and equal, and no power, civil or military, shall
at any time interfere to prevent the free exercise of the right
of suffrage.
§ 20 BAIL, WHEN AUTHORIZED. All persons
charged with crime shall be bailable by sufficient sureties,
except for capital offenses when the proof is evident, or the
presumption great.
§ 21 TRIAL BY JURY. The right of trial by jury
shall remain inviolate, but the legislature may provide for a
jury of any number less than twelve in courts not of record,
and for a verdict by nine or more jurors in civil cases in any
court of record, and for waiving of the jury in civil cases
where the consent of the parties interested is given thereto.
§ 22 RIGHTS OF THE ACCUSED. In criminal
prosecutions the accused shall have the right to appear and
defend in person, or by counsel, to demand the nature and
cause of the accusation against him, to have a copy thereof,
to testify in his own behalf, to meet the witnesses against
him face to face, to have compulsory process to compel the
attendance of witnesses in his own behalf, to have a speedy
public trial by an impartial jury of the county in which the
[Vol. 0 RCW—page 30]
offense is charged to have been committed and the right to
appeal in all cases: Provided, The route traversed by any
railway coach, train or public conveyance, and the water
traversed by any boat shall be criminal districts; and the
jurisdiction of all public offenses committed on any such
railway car, coach, train, boat or other public conveyance, or
at any station or depot upon such route, shall be in any
county through which the said car, coach, train, boat or other
public conveyance may pass during the trip or voyage, or in
which the trip or voyage may begin or terminate. In no
instance shall any accused person before final judgment be
compelled to advance money or fees to secure the rights
herein guaranteed. [AMENDMENT 10, 1921 p 79 § 1.
Approved November, 1922.]
Original text — Art. 1 § 22 RIGHTS OF ACCUSED PERSONS
— In criminal prosecution, the accused shall have the right to appear and
defend in person, and by counsel, to demand the nature and cause of the
accusation against him, to have a copy thereof, to testify in his own behalf,
to meet the witnesses against him face to face, to have compulsory process
to compel the attendance of witnesses in his own behalf, to have a speedy
public trial by an impartial jury of the county in which the offense is
alleged to have been committed, and the right to appeal in all cases; and,
in no instance, shall any accused person before final judgment be compelled
to advance money or fees to secure the rights herein guaranteed.
§ 23 BILL OF ATTAINDER, EX POST FACTO
LAW, ETC. No bill of attainder, ex post facto law, or law
impairing the obligations of contracts shall ever be passed.
§ 24 RIGHT TO BEAR ARMS. The right of the
individual citizen to bear arms in defense of himself, or the
state, shall not be impaired, but nothing in this section shall
be construed as authorizing individuals or corporations to
organize, maintain or employ an armed body of men.
§ 25 PROSECUTION BY INFORMATION.
Offenses heretofore required to be prosecuted by indictment
may be prosecuted by information, or by indictment, as shall
be prescribed by law.
§ 26 GRAND JURY. No grand jury shall be drawn
or summoned in any county, except the superior judge
thereof shall so order.
§ 27 TREASON, DEFINED, ETC. Treason against
the state shall consist only in levying war against the state,
or adhering to its enemies, or in giving them aid and
comfort. No person shall be convicted of treason unless on
the testimony of two witnesses to the same overt act, or
confession in open court.
§ 28 HEREDITARY PRIVILEGES ABOLISHED.
No hereditary emoluments, privileges, or powers, shall be
granted or conferred in this state.
§ 29 CONSTITUTION MANDATORY. The provisions of this Constitution are mandatory, unless by express
words they are declared to be otherwise.
§ 30 RIGHTS RESERVED. The enumeration in this
Constitution of certain rights shall not be construed to deny
others retained by the people.
(2004 Ed.)
Constitution of the State of Washington
§ 31 STANDING ARMY. No standing army shall be
kept up by this state in time of peace, and no soldier shall in
time of peace be quartered in any house without the consent
of its owner, nor in time of war except in the manner
prescribed by law.
§ 32 FUNDAMENTAL PRINCIPLES. A frequent
recurrence to fundamental principles is essential to the
security of individual right and the perpetuity of free
government.
§ 33 RECALL OF ELECTIVE OFFICERS. Every
elective public officer of the state of Washington expect
[except] judges of courts of record is subject to recall and
discharge by the legal voters of the state, or of the political
subdivision of the state, from which he was elected whenever a petition demanding his recall, reciting that such officer
has committed some act or acts of malfeasance or misfeasance while in office, or who has violated his oath of office,
stating the matters complained of, signed by the percentages
of the qualified electors thereof, hereinafter provided, the
percentage required to be computed from the total number of
votes cast for all candidates for his said office to which he
was elected at the preceding election, is filed with the officer
with whom a petition for nomination, or certificate for
nomination, to such office must be filed under the laws of
this state, and the same officer shall call a special election as
provided by the general election laws of this state, and the
result determined as therein provided. [AMENDMENT 8,
1911 p 504 § 1. Approved November, 1912.]
§ 34 SAME. The legislature shall pass the necessary
laws to carry out the provisions of section thirty-three (33)
of this article, and to facilitate its operation and effect
without delay: Provided, That the authority hereby conferred
upon the legislature shall not be construed to grant to the
legislature any exclusive power of lawmaking nor in any
way limit the initiative and referendum powers reserved by
the people. The percentages required shall be, state officers,
other than judges, senators and representatives, city officers
of cities of the first class, school district boards in cities of
the first class; county officers of counties of the first, second
and third classes, twenty-five per cent. Officers of all other
political subdivisions, cities, towns, townships, precincts and
school districts not herein mentioned, and state senators and
representatives, thirty-five per cent. [AMENDMENT 8,
1911 p 504 § 1. Approved November, 1912.]
§ 35
VICTIMS OF CRIMES — RIGHTS.
Effective law enforcement depends on cooperation from
victims of crime. To ensure victims a meaningful role in the
criminal justice system and to accord them due dignity and
respect, victims of crime are hereby granted the following
basic and fundamental rights.
Upon notifying the prosecuting attorney, a victim of a
crime charged as a felony shall have the right to be informed
of and, subject to the discretion of the individual presiding
over the trial or court proceedings, attend trial and all other
court proceedings the defendant has the right to attend, and
to make a statement at sentencing and at any proceeding
where the defendant’s release is considered, subject to the
same rules of procedure which govern the defendant’s rights.
(2004 Ed.)
Article I § 31
In the event the victim is deceased, incompetent, a minor, or
otherwise unavailable, the prosecuting attorney may identify
a representative to appear to exercise the victim’s rights.
This provision shall not constitute a basis for error in favor
of a defendant in a criminal proceeding nor a basis for
providing a victim or the victim’s representative with court
appointed counsel. [AMENDMENT 84, 1989 Senate Joint
Resolution No. 8200, p 2999. Approved November 7,
1989.]
Article II
LEGISLATIVE DEPARTMENT
§ 1 LEGISLATIVE POWERS, WHERE VESTED.
The legislative authority of the state of Washington shall be
vested in the legislature, consisting of a senate and house of
representatives, which shall be called the legislature of the
state of Washington, but the people reserve to themselves the
power to propose bills, laws, and to enact or reject the same
at the polls, independent of the legislature, and also reserve
power, at their own option, to approve or reject at the polls
any act, item, section, or part of any bill, act, or law passed
by the legislature.
(a) Initiative: The first power reserved by the people is
the initiative. Every such petition shall include the full text
of the measure so proposed. In the case of initiatives to the
legislature and initiatives to the people, the number of valid
signatures of legal voters required shall be equal to eight
percent of the votes cast for the office of governor at the last
gubernatorial election preceding the initial filing of the text
of the initiative measure with the secretary of state.
Initiative petitions shall be filed with the secretary of
state not less than four months before the election at which
they are to be voted upon, or not less than ten days before
any regular session of the legislature. If filed at least four
months before the election at which they are to be voted
upon, he shall submit the same to the vote of the people at
the said election. If such petitions are filed not less than ten
days before any regular session of the legislature, he shall
certify the results within forty days of the filing. If certification is not complete by the date that the legislature convenes,
he shall provisionally certify the measure pending final
certification of the measure. Such initiative measures,
whether certified or provisionally certified, shall take
precedence over all other measures in the legislature except
appropriation bills and shall be either enacted or rejected
without change or amendment by the legislature before the
end of such regular session. If any such initiative measures
shall be enacted by the legislature it shall be subject to the
referendum petition, or it may be enacted and referred by the
legislature to the people for approval or rejection at the next
regular election. If it is rejected or if no action is taken
upon it by the legislature before the end of such regular
session, the secretary of state shall submit it to the people
for approval or rejection at the next ensuing regular general
election. The legislature may reject any measure so proposed by initiative petition and propose a different one
dealing with the same subject, and in such event both
measures shall be submitted by the secretary of state to the
people for approval or rejection at the next ensuing regular
general election. When conflicting measures are submitted
to the people the ballots shall be so printed that a voter can
express separately by making one cross (X) for each, two
[Vol. 0 RCW—page 31]
Article II § 1
Constitution of the State of Washington
preferences, first, as between either measure and neither, and
secondly, as between one and the other. If the majority of
those voting on the first issue is for neither, both fail, but in
that case the votes on the second issue shall nevertheless be
carefully counted and made public. If a majority voting on
the first issue is for either, then the measure receiving a
majority of the votes on the second issue shall be law.
(b) Referendum. The second power reserved by the
people is the referendum, and it may be ordered on any act,
bill, law, or any part thereof passed by the legislature, except
such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state
government and its existing public institutions, either by
petition signed by the required percentage of the legal voters,
or by the legislature as other bills are enacted: Provided,
That the legislature may not order a referendum on any
initiative measure enacted by the legislature under the
foregoing subsection (a). The number of valid signatures of
registered voters required on a petition for referendum of an
act of the legislature or any part thereof, shall be equal to or
exceeding four percent of the votes cast for the office of
governor at the last gubernatorial election preceding the
filing of the text of the referendum measure with the
secretary of state.
(c) No act, law, or bill subject to referendum shall take
effect until ninety days after the adjournment of the session
at which it was enacted. No act, law, or bill approved by a
majority of the electors voting thereon shall be amended or
repealed by the legislature within a period of two years
following such enactment: Provided, That any such act,
law, or bill may be amended within two years after such
enactment at any regular or special session of the legislature
by a vote of two-thirds of all the members elected to each
house with full compliance with section 12, Article III, of
the Washington Constitution, and no amendatory law
adopted in accordance with this provision shall be subject to
referendum. But such enactment may be amended or
repealed at any general regular or special election by direct
vote of the people thereon.
(d) The filing of a referendum petition against one or
more items, sections, or parts of any act, law, or bill shall
not delay the remainder of the measure from becoming
operative. Referendum petitions against measures passed by
the legislature shall be filed with the secretary of state not
later than ninety days after the final adjournment of the
session of the legislature which passed the measure on which
the referendum is demanded. The veto power of the
governor shall not extend to measures initiated by or referred
to the people. All elections on measures referred to the
people of the state shall be had at the next succeeding
regular general election following the filing of the measure
with the secretary of state, except when the legislature shall
order a special election. Any measure initiated by the people
or referred to the people as herein provided shall take effect
and become the law if it is approved by a majority of the
votes cast thereon: Provided, That the vote cast upon such
question or measure shall equal one-third of the total votes
cast at such election and not otherwise. Such measure shall
be in operation on and after the thirtieth day after the
election at which it is approved. The style of all bills
proposed by initiative petition shall be: "Be it enacted by
the people of the State of Washington." This section shall
[Vol. 0 RCW—page 32]
not be construed to deprive any member of the legislature of
the right to introduce any measure. All such petitions shall
be filed with the secretary of state, who shall be guided by
the general laws in submitting the same to the people until
additional legislation shall especially provide therefor. This
section is self-executing, but legislation may be enacted
especially to facilitate its operation.
(e) The legislature shall provide methods of publicity of
all laws or parts of laws, and amendments to the Constitution referred to the people with arguments for and against
the laws and amendments so referred. The secretary of state
shall send one copy of the publication to each individual
place of residence in the state and shall make such additional
distribution as he shall determine necessary to reasonably
assure that each voter will have an opportunity to study the
measures prior to election. [AMENDMENT 72, 1981
Substitute Senate Joint Resolution No. 133, p 1796.
Approved November 3, 1981.]
Referendum procedures regarding salaries: Art. 28 § 1.
Amendment 7 (1911) — Art. 2 § 1 Legislative Powers, Where
Vested — The legislative authority of the state of Washington shall be
vested in the legislature, consisting of a senate and house of representatives,
which shall be called the legislature of the state of Washington, but the
people reserve to themselves the power to propose bills, laws, and to enact
or reject the same at the polls, independent of the legislature, and also
reserve power, at their own option, to approve or reject at the polls any act,
item, section or part of any bill, act or law passed by the legislature.
(a) Initiative: The first power reserved by the people is the initiative.
Ten per centum, but in no case more than fifty thousand, of the legal voters
shall be required to propose any measure by such petition, and every such
petition shall include the full text of the measure so proposed. [Note:
Signature requirements were superseded by Art. 2 Sec. 1(a), AMENDMENT
30.] Initiative petitions shall be filed with the secretary of state not less
than four months before the election at which they are to be voted upon, or
not less than ten days before any regular session of the legislature. If filed
at least four months before the election at which they are to be voted upon,
he shall submit the same to the vote of the people at the said election. If
such petitions are filed not less than ten days before any regular session of
the legislature, he shall transmit the same to the legislature as soon as it
convenes and organizes. Such initiative measure shall take precedence over
all other measures in the legislature except appropriation bills and shall be
either enacted or rejected without change or amendment by the legislature
before the end of such regular session. If any such initiative measures shall
be enacted by the legislature it shall be subject to the referendum petition,
or it may be enacted and referred by the legislature to the people for
approval or rejection at the next regular election. If it is rejected or if no
action is taken upon it by the legislature before the end of such regular
session, the secretary of state shall submit it to the people for approval or
rejection at the next ensuing regular general election. The legislature may
reject any measure so proposed by initiative petition and propose a different
one dealing with the same subject, and in such event both measures shall
be submitted by the secretary of state to the people for approval or rejection
at the next ensuing regular general election. When conflicting measures are
submitted to the people the ballots shall be so printed that a voter can
express separately by making one cross (X) for each, two preferences, first,
as between either measure and neither, and secondly, as between one and
the other. If the majority of those voting on the first issue is for neither,
both fail, but in that case the votes on the second issue shall nevertheless
be carefully counted and made public. If a majority voting on the first issue
is for either, then the measure receiving a majority of the votes on the
second issue shall be law.
(b) Referendum. The second power reserved by the people is the
referendum, and it may be ordered on any act, bill, law, or any part thereof
passed by the legislature, except such laws as may be necessary for the
immediate preservation of the public peace, health or safety, support of the
state government and its existing public institutions, either by petition
signed by the required percentage of the legal voters, or by the legislature
as other bills are enacted. Six per centum, but in no case more than thirty
thousand, of the legal voters shall be required to sign and make a valid
referendum petition. [Note: Signature requirements were superseded by
Art. 2 Sec. 1(a), AMENDMENT 30.]
(2004 Ed.)
Constitution of the State of Washington
(c) No act, law, or bill subject to referendum shall take effect until
ninety days after the adjournment of the session at which it was enacted.
No act, law, or bill approved by a majority of the electors voting thereon
shall be amended or repealed by the legislature within a period of two years
following such enactment. But such enactment may be amended or
repealed at any general regular or special election by direct vote of the
people thereon. [Note: Subsection (c) was expressly superseded by Art. 2
Sec. 41, AMENDMENT 26.]
(d) The filing of a referendum petition against one or more items,
sections or parts of any act, law or bill shall not delay the remainder of the
measure from becoming operative. Referendum petitions against measures
passed by the legislature shall be filed with the secretary of state not later
than ninety days after the final adjournment of the session of the legislature
which passed the measure on which the referendum is demanded. The veto
power of the governor shall not extend to measures initiated by or referred
to the people. All elections on measures referred to the people of the state
shall be had at the biennial regular elections, except when the legislature
shall order a special election. Any measure initiated by the people or
referred to the people as herein provided shall take effect and become the
law if it is approved by a majority of the votes cast thereon: Provided, That
the vote cast upon such question or measure shall equal one-third of the
total votes cast at such election and not otherwise. Such measure shall be
in operation on and after the thirtieth day after the election at which it is
approved. The style of all bills proposed by initiative petition shall be: "Be
it enacted by the people of the State of Washington." This section shall not
be construed to deprive any member of the legislature of the right to
introduce any measure. The whole number of electors who voted for
governor at the regular gubernatorial election last preceding the filing of any
petition for the initiative or for the referendum shall be the basis on which
the number of legal voters necessary to sign such petition shall be counted.
[Note: Cf. Art. 2 Sec. 1(a), AMENDMENT 30.] All such petitions shall be
filed with the secretary of state, who shall be guided by the general laws in
submitting the same to the people until additional legislation shall
especially provide therefor. This section is self-executing, but legislation
may be enacted especially to facilitate its operation.
The legislature shall provide methods of publicity of all laws or parts
of laws, and amendments to the Constitution referred to the people with
arguments for and against the laws and amendments so referred, so that
each voter of the state shall receive the publication at least fifty days before
the election at which they are to be voted upon. [Note: This paragraph
was expressly superseded by subsection (e) of this section, which was added
by AMENDMENT 36.]
(e) The legislature shall provide methods of publicity of all laws or
parts of laws, and amendments to the Constitution referred to the people
with arguments for and against the laws and amendments so referred. The
secretary of state shall send one copy of the publication to each individual
place of residence in the state and shall make such additional distribution
as he shall determine necessary to reasonably assure that each voter will
have an opportunity to study the measures prior to election. These
provisions supersede the provisions set forth in the last paragraph of
section 1 of this article as amended by the seventh amendment to the
Constitution of this state. [AMENDMENT 7, 1911 House Bill No. 153 p
136. Approved November, 1912; Subsection (e) added by AMENDMENT
36, 1961 Senate Joint Resolution No. 9, p 2751. Approved November,
1962.]
Original text — Art. 2 § 1 LEGISLATIVE POWERS, WHERE
VESTED — The legislative powers shall be vested in a senate and house
of representatives, which shall be called the legislature of the State of
Washington.
Note: Art. 2 Sec. 31 was also stricken by AMENDMENT 7.
§ 1(a) INITIATIVE AND REFERENDUM, SIGNATURES REQUIRED. [Stricken by Amendment 72, 1981
Substitute Senate Joint Resolution No. 133, p 1796. Approved November 3, 1981.]
Amendment 30 (1956) — Art. 2 § 1(a) INITIATIVE AND REFERENDUM, SIGNATURES REQUIRED — Hereafter, the number of valid
signatures of legal voters required upon a petition for an initiative measure
shall be equal to eight per centum of the number of voters registered and
voting for the office of governor at the last preceding regular gubernatorial
election. Hereafter, the number of valid signatures of legal voters required
upon a petition for a referendum of an act of the legislature or any part
thereof, shall be equal to four per centum of the number of voters registered
and voting for the office of governor at the last preceding regular
gubernatorial election. These provisions supersede the requirements
(2004 Ed.)
Article II § 1
specified in section 1 of this article as amended by the seventh amendment
to the Constitution of this state. [AMENDMENT 30, 1955 Senate Joint
Resolution No. 4, p 1860. Approved November 6, 1956.]
§ 2 HOUSE OF REPRESENTATIVES AND
SENATE. The house of representatives shall be composed
of not less than sixty-three nor more than ninety-nine
members. The number of senators shall not be more than
one-half nor less than one-third of the number of members
of the house of representatives. The first legislature shall be
composed of seventy members of the house of
representatives, and thirty-five senators.
§ 3 THE CENSUS. [Repealed by AMENDMENT 74,
1983 Substitute Senate Joint Resolution No. 103, p 2202.
Approved November 8, 1983.]
Original text - Art. 2 Section 3 THE CENSUS - The legislature shall
provide by law for an enumeration of the inhabitants of the state in the year
one thousand eight hundred and ninety-five and every ten years thereafter;
and at the first session after such enumeration, and also after each
enumeration made by the authority of the United States, the legislature shall
apportion and district anew the members of the senate and house of
representatives, according to the number of inhabitants, excluding Indians
not taxed, soldiers, sailors and officers of the United States army and navy
in active service.
§ 4 ELECTION OF REPRESENTATIVES AND
TERM OF OFFICE. Members of the house of
representatives shall be elected in the year eighteen hundred
and eighty-nine at the time and in the manner provided by
this Constitution, and shall hold their offices for the term of
one year and until their successors shall be elected.
§ 5 ELECTIONS, WHEN TO BE HELD. The next
election of the members of the house of representatives after
the adoption of this Constitution shall be on the first
Tuesday after the first Monday of November, eighteen
hundred and ninety, and thereafter, members of the house of
representatives shall be elected biennially and their term of
office shall be two years; and each election shall be on the
first Tuesday after the first Monday in November, unless
otherwise changed by law.
§ 6 ELECTION AND TERM OF OFFICE OF
SENATORS. After the first election the senators shall be
elected by single districts of convenient and contiguous
territory, at the same time and in the same manner as
members of the house of representatives are required to be
elected; and no representative district shall be divided in the
formation of a senatorial district. They shall be elected for
the term of four years, one-half of their number retiring
every two years. The senatorial districts shall be numbered
consecutively, and the senators chosen at the first election
had by virtue of this Constitution, in odd numbered districts,
shall go out of office at the end of the first year; and the
senators, elected in the even numbered districts, shall go out
of office at the end of the third year.
§ 7 QUALIFICATIONS OF LEGISLATORS. No
person shall be eligible to the legislature who shall not be a
citizen of the United States and a qualified voter in the
district for which he is chosen.
[Vol. 0 RCW—page 33]
Article II § 8
Constitution of the State of Washington
§ 8 JUDGES OF THEIR OWN ELECTION AND
QUALIFICATION — QUORUM. Each house shall be the
judge of the election, returns and qualifications of its own
members, and a majority of each house shall constitute a
quorum to do business; but a smaller number may adjourn
from day to day and may compel the attendance of absent
members, in such manner and under such penalties as each
house may provide.
Governmental continuity during emergency periods: Art. 2 § 42.
§ 9 RULES OF PROCEDURE. Each house may
determine the rules of its own proceedings, punish for
contempt and disorderly behavior, and, with the concurrence
of two-thirds of all the members elected, expel a member,
but no member shall be expelled a second time for the same
offense.
§ 10 ELECTION OF OFFICERS. Each house shall
elect its own officers; and when the lieutenant governor shall
not attend as president, or shall act as governor, the senate
shall choose a temporary president. When presiding, the
lieutenant governor shall have the deciding vote in case of
an equal division of the senate.
§ 11 JOURNAL, PUBLICITY OF MEETINGS —
ADJOURNMENTS. Each house shall keep a journal of its
proceedings and publish the same, except such parts as
require secrecy. The doors of each house shall be kept open,
except when the public welfare shall require secrecy.
Neither house shall adjourn for more than three days, nor to
any place other than that in which they may be sitting,
without the consent of the other.
§ 12 SESSIONS, WHEN — DURATION. (1)
Regular Sessions. A regular session of the legislature shall
be convened each year. Regular sessions shall convene on
such day and at such time as the legislature shall determine
by statute. During each odd-numbered year, the regular
session shall not be more than one hundred five consecutive
days. During each even-numbered year, the regular session
shall not be more than sixty consecutive days.
(2) Special Legislative Sessions. Special legislative
sessions may be convened for a period of not more than
thirty consecutive days by proclamation of the governor
pursuant to Article III, section 7 of this Constitution.
Special legislative sessions may also be convened for a
period of not more than thirty consecutive days by resolution
of the legislature upon the affirmative vote in each house of
two-thirds of the members elected or appointed thereto,
which vote may be taken and resolution executed either
while the legislature is in session or during any interim
between sessions in accordance with such procedures as the
legislature may provide by law or resolution. The resolution
convening the legislature shall specify a purpose or purposes
for the convening of a special session, and any special
session convened by the resolution shall consider only
measures germane to the purpose or purposes expressed in
the resolution, unless by resolution adopted during the
session upon the affirmative vote in each house of two-thirds
of the members elected or appointed thereto, an additional
purpose or purposes are expressed. The specification of
purpose by the governor pursuant to Article III, section 7 of
[Vol. 0 RCW—page 34]
this Constitution shall be considered by the legislature but
shall not be mandatory.
(3) Committees of the Legislature. Standing and special
committees of the legislature shall meet and conduct official
business pursuant to such rules as the legislature may adopt.
[AMENDMENT 68, 1979 Substitute Senate Joint Resolution
No. 110, p 2286. Approved November 6, 1979.]
Extraordinary sessions to reconsider vetoes: Art. 3 § 12.
Sessions to convene on the second Monday in January: RCW 44.04.010.
Original text — Art. 2 § 12 SESSIONS, WHEN — DURATION
— The first legislature shall meet on the first Wednesday after the first
Monday in November, A. D., 1889. The second legislature shall meet on
the first Wednesday after the first Monday in January, A. D., 1891, and
sessions of the legislature shall be held biennially thereafter, unless
specially convened by the governor, but the times of meeting of subsequent
sessions may be changed by the legislature. After the first legislature the
sessions shall not be more than sixty days.
§ 13 LIMITATION ON MEMBERS HOLDING
OFFICE IN THE STATE. 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 during the term for which he was elected. Any
member of the legislature who is appointed or elected to any
civil office in the state, the emoluments of which have been
increased during his legislative term of office, shall be
compensated for the initial term of the civil office at the
level designated prior to the increase in emoluments.
[AMENDMENT 69, 1979 Senate Joint Resolution No. 112,
p 2287. Approved November 6, 1979.]
Original text — Art. 2 § 13 LIMITATION ON MEMBERS
HOLDING OFFICE IN THE STATE — 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.
§ 14 SAME, FEDERAL OR OTHER OFFICE. No
person, being a member of congress, or holding any civil or
military office under the United States or any other power,
shall be eligible to be a member of the legislature; and if any
person after his election as a member of the legislature, shall
be elected to congress or be appointed to any other office,
civil or military, under the government of the United States,
or any other power, his acceptance thereof shall vacate his
seat, provided, that officers in the militia of the state who
receive no annual salary, local officers and postmasters,
whose compensation does not exceed three hundred dollars
per annum, shall not be ineligible.
§ 15 VACANCIES IN LEGISLATURE AND IN
PARTISAN COUNTY ELECTIVE OFFICE. Such
vacancies as may occur in either house of the legislature or
in any partisan county elective office shall be filled by
appointment by the county legislative authority of the county
in which the vacancy occurs: Provided, That the person
appointed to fill the vacancy must be from the same
legislative district, county, or county commissioner or
council district and the same political party as the legislator
or partisan county elective officer whose office has been
vacated, and shall be one of three persons who shall be
nominated by the county central committee of that party, and
in case a majority of the members of the county legislative
authority do not agree upon the appointment within sixty
(2004 Ed.)
Constitution of the State of Washington
days after the vacancy occurs, the governor shall within
thirty days thereafter, and from the list of nominees provided
for herein, appoint a person who shall be from the same
legislative district, county, or county commissioner or
council district and of the same political party as the
legislator or partisan county elective officer whose office has
been vacated, and the person so appointed shall hold office
until his or her successor is elected at the next general
election, and has qualified: Provided, That in case of a
vacancy occurring after the general election in a year that the
office appears on the ballot and before the start of the next
term, the term of the successor who is of the same party as
the incumbent may commence once he or she has qualified
and shall continue through the term for which he or she was
elected: Provided, That in case of a vacancy occurring in
the office of joint senator, or joint representative, the
vacancy shall be filled from a list of three nominees selected
by the state central committee, by appointment by the joint
action of the boards of county legislative authorities of the
counties composing the joint senatorial or joint representative
district, the person appointed to fill the vacancy must be
from the same legislative district and of the same political
party as the legislator whose office has been vacated, and in
case a majority of the members of the county legislative
authority do not agree upon the appointment within sixty
days after the vacancy occurs, the governor shall within
thirty days thereafter, and from the list of nominees provided
for herein, appoint a person who shall be from the same
legislative district and of the same political party as the
legislator whose office has been vacated. [AMENDMENT
96, 2003 House Joint Resolution No. 4206, p 2819.
Approved November 4, 2003.]
Governmental continuity during emergency periods: Art. 2 § 42.
Vacancies in county, etc., offices, how filled: Art. 11 § 6.
Amendment 52, part (1967) — Art. 2 § 15 VACANCIES IN
LEGISLATURE AND IN PARTISAN COUNTY ELECTIVE OFFICE
— Such vacancies as may occur in either house of the legislature or in any
partisan county elective office shall be filled by appointment by the board
of county commissioners of the county in which the vacancy occurs:
Provided, That the person appointed to fill the vacancy must be from the
same legislative district, county or county commissioner district and the
same political party as the legislator or partisan county elective officer
whose office has been vacated, and shall be one of three persons who shall
be nominated by the county central committee of that party, and in case a
majority of said county commissioners do not agree upon the appointment
within sixty days after the vacancy occurs, the governor shall within thirty
days thereafter, and from the list of nominees provided for herein, appoint
a person who shall be from the same legislative district, county or county
commissioner district and of the same political party as the legislator or
partisan county elective officer whose office has been vacated, and the
person so appointed shall hold office until his successor is elected at the
next general election, and shall have qualified: Provided, That in case of
a vacancy occurring in the office of joint senator, or joint representative,
the vacancy shall be filled from a list of three nominees selected by the state
central committee, by appointment by the joint action of the boards of
county commissioners of the counties composing the joint senatorial or joint
representative district, the person appointed to fill the vacancy must be from
the same legislative district and of the same political party as the legislator
whose office has been vacated, and in case a majority of said county
commissioners do not agree upon the appointment within sixty days after
the vacancy occurs, the governor shall within thirty days thereafter, and
from the list of nominees provided for herein, appoint a person who shall
be from the same legislative district and of the same political party as the
legislator whose office has been vacated. [AMENDMENT 52, part, 1967
Senate Joint Resolution No. 24, part; see 1969 p 2976. Approved
November 5, 1968.]
Amendment 32 (1956) — Art. 2 § 15 VACANCIES IN LEGISLATURE AND IN PARTISAN COUNTY ELECTIVE OFFICE — Such
(2004 Ed.)
Article II § 15
vacancies as may occur in either house of the legislature or in any partisan
county elective office shall be filled by appointment by the board of county
commissioners of the county in which the vacancy occurs: Provided, That
the person appointed to fill the vacancy must be from the same legislative
district and the same political party as the legislator whose office has been
vacated, and shall be one of three persons who shall be nominated by the
county central committee of that party, and the person so appointed shall
hold office until his successor is elected at the next general election, and
shall have qualified: Provided, That in case of a vacancy occurring in the
office of joint senator, or joint representative, the vacancy shall be filled
from a list of three nominees selected by the state central committee, by
appointment by the joint action of the boards of county commissioners of
the counties composing the joint senatorial or joint representative district,
the person appointed to fill the vacancy must be from the same legislative
district and of the same political party as the legislator whose office has
been vacated, and in case a majority of said county commissioners do not
agree upon the appointment within sixty days after the vacancy occurs, the
governor shall within thirty days thereafter, and from the list of nominees
provided for herein, appoint a person who shall be from the same
legislative district and of the same political party as the legislator whose
office has been vacated. [AMENDMENT 32, 1955 Senate Joint Resolution
No. 14, p 1862. Approved November 6, 1956.]
Amendment 13 (1930) — Art. 2 § 15 VACANCIES IN LEGISLATURE — Such vacancies as may occur in either house of the legislature
shall be filled by appointment by the board of county commissioners of the
county in which the vacancy occurs, and the person so appointed shall hold
office until his successor is elected at the next general election, and shall
have qualified: Provided, That in case of a vacancy occurring in the office
of joint senator, the vacancy shall be filled by appointment by the joint
action of the boards of county commissioners of the counties composing the
joint senatorial district. [AMENDMENT 13, 1929 p 690. Approved
November, 1930.]
Original text — Art. 2 § 15 WRITS OF ELECTION TO FILL
VACANCIES — The governor shall issue writs of election to fill such
vacancies as may occur in either house of the legislature.
§ 16 PRIVILEGES FROM ARREST. Members of
the legislature shall be privileged from arrest in all cases
except treason, felony and breach of the peace; they shall not
be subject to any civil process during the session of the
legislature, nor for fifteen days next before the commencement of each session.
§ 17 FREEDOM OF DEBATE. No member of the
legislature shall be liable in any civil action or criminal
prosecution whatever, for words spoken in debate.
§ 18 STYLE OF LAWS. The style of the laws of
the state shall be: "Be it enacted by the Legislature of the
State of Washington." And no laws shall be enacted except
by bill.
§ 19 BILL TO CONTAIN ONE SUBJECT. No bill
shall embrace more than one subject, and that shall be
expressed in the title.
§ 20 ORIGIN AND AMENDMENT OF BILLS.
Any bill may originate in either house of the legislature, and
a bill passed by one house may be amended in the other.
§ 21 YEAS AND NAYS. The yeas and nays of the
members of either house shall be entered on the journal, on
the demand of one-sixth of the members present.
§ 22 PASSAGE OF BILLS. No bill shall become a
law unless on its final passage the vote be taken by yeas and
nays, the names of the members voting for and against the
same be entered on the journal of each house, and a majority
[Vol. 0 RCW—page 35]
Article II § 22
Constitution of the State of Washington
of the members elected to each house be recorded thereon as
voting in its favor.
Governmental continuity during emergency periods: Art. 2 § 42.
§ 23 COMPENSATION OF MEMBERS. Each
member of the legislature shall receive for his services five
dollars for each day’s attendance during the session, and ten
cents for every mile he shall travel in going to and returning
from the place of meeting of the legislature, on the most
usual route.
Compensation of legislators, elected state officials, and judges: Art. 28 §
1, Art. 30.
§ 24 LOTTERIES AND DIVORCE. The legislature
shall never grant any divorce. Lotteries shall be prohibited
except as specifically authorized upon the affirmative vote of
sixty percent of the members of each house of the legislature
or, notwithstanding any other provision of this Constitution,
by referendum or initiative approved by a sixty percent
affirmative vote of the electors voting thereon. [AMENDMENT 56, 1971 Senate Joint Resolution No. 5, p 1828.
Approved November 7, 1972.]
Original text — Art. 2 § 24 LOTTERIES AND DIVORCE — The
legislature shall never authorize any lottery or grant any divorce.
§ 25 EXTRA COMPENSATION PROHIBITED.
The legislature shall never grant any extra compensation to
any public officer, agent, employee, servant, or contractor,
after the services shall have been rendered, or the contract
entered into, nor shall the compensation of any public officer
be increased or diminished during his term of office.
Nothing in this section shall be deemed to prevent increases
in pensions after such pensions shall have been granted.
[AMENDMENT 35, 1957 Senate Joint Resolution No. 18,
p 1301. Approved November 4, 1958.]
Compensation of legislators, elected state officials, and judges: Art. 28 §
1.
Increase during term of certain officers, authorized: Art. 30 § 1.
Increase or diminution of compensation during term of office prohibited.
county, city, town or municipal officers: Art. 11 § 8.
judicial officers: Art. 4 § 13.
state officers: Art. 3 § 25.
Original text — Art. 2 § 25 EXTRA COMPENSATION, PROHIBITED — The legislature shall never grant any extra compensation to any
public officer, agent, servant, or contractor, after the services shall have
been rendered, or the contract entered into, nor shall the compensation of
any public officer be increased or diminished during his term of office.
§ 26 SUITS AGAINST THE STATE. The legislature shall direct by law, in what manner, and in what courts,
suits may be brought against the state.
§ 27 ELECTIONS — VIVA VOCE VOTE. In all
elections by the legislature the members shall vote viva voce,
and their votes shall be entered on the journal.
§ 28 SPECIAL LEGISLATION. The legislature is
prohibited from enacting any private or special laws in the
following cases:
1. For changing the names of persons, or constituting one
person the heir at law of another.
2. For laying out, opening or altering highways, except in
cases of state roads extending into more than one county,
[Vol. 0 RCW—page 36]
and military roads to aid in the construction of which lands
shall have been or may be granted by congress.
3. For authorizing persons to keep ferries wholly within
this state.
4. For authorizing the sale or mortgage of real or
personal property of minors, or others under disability.
5. For assessment or collection of taxes, or for extending
the time for collection thereof.
6. For granting corporate powers or privileges.
7. For authorizing the apportionment of any part of the
school fund.
8. For incorporating any town or village or to amend the
charter thereof.
9. From giving effect to invalid deeds, wills or other
instruments.
10. Releasing or extinguishing in whole or in part, the
indebtedness, liability or other obligation, of any person, or
corporation to this state, or to any municipal corporation
therein.
11. Declaring any person of age or authorizing any minor
to sell, lease, or encumber his or her property.
12. Legalizing, except as against the state, the unauthorized or invalid act of any officer.
13. Regulating the rates of interest on money.
14. Remitting fines, penalties or forfeitures.
15. Providing for the management of common schools.
16. Authorizing the adoption of children.
17. For limitation of civil or criminal actions.
18. Changing county lines, locating or changing county
seats, provided, this shall not be construed to apply to the
creation of new counties.
Corporations for municipal purposes shall not be created by special laws:
Art. 11 § 10.
§ 29 CONVICT LABOR. After the first day of
January eighteen hundred and ninety the labor of convicts of
this state shall not be let out by contract to any person,
copartnership, company or corporation, and the legislature
shall by law provide for the working of convicts for the
benefit of the state.
§ 30 BRIBERY OR CORRUPT SOLICITATION.
The offense of corrupt solicitation of members of the
legislature, or of public officers of the state or any municipal
division thereof, and any occupation or practice of solicitation of such members or officers to influence their official
action, shall be defined by law, and shall be punished by
fine and imprisonment. Any person may be compelled to
testify in any lawful investigation or judicial proceeding
against any person who may be charged with having
committed the offense of bribery or corrupt solicitation, or
practice of solicitation, and shall not be permitted to withhold his testimony on the ground that it may criminate
himself or subject him to public infamy, but such testimony
shall not afterwards be used against him in any judicial
proceeding - except for perjury in giving such testimony and any person convicted of either of the offenses aforesaid,
shall as part of the punishment therefor, be disqualified from
ever holding any position of honor, trust or profit in this
state. A member who has a private interest in any bill or
measure proposed or pending before the legislature, shall
(2004 Ed.)
Constitution of the State of Washington
disclose the fact to the house of which he is a member, and
shall not vote thereon.
§ 31 LAWS, WHEN TO TAKE EFFECT. [This
section stricken by AMENDMENT 7, 1911 House Bill No.
153, p 136. Approved November, 1912.]
Original text — Art. 2 § 31 LAWS, WHEN TO TAKE EFFECT
— No law, except appropriation bills, shall take effect until ninety days
after the adjournment of the session at which it was enacted, unless in case
of an emergency (which emergency must be expressed in the preamble or
in the body of the act) the legislature shall otherwise direct by a vote of
two-thirds of all the members elected to each house; said vote to be taken
by yeas and nays and entered on the journals.
Effective dates of laws: Art. 2 §§ 1 and 41.
§ 32 LAWS, HOW SIGNED. No bill shall become
a law until the same shall have been signed by the presiding
officer of each of the two houses in open session, and under
such rules as the legislature shall prescribe.
§ 33 ALIEN OWNERSHIP. [Repealed by AMENDMENT 42, 1965 ex.s. Senate Joint Resolution No. 20, p
2816. Approved November 8, 1966.]
Amendment 29 (1954) — Art. 2 § 33 ALIEN OWNERSHIP — The
ownership of lands by aliens, other than those who in good faith have
declared their intention to become citizens of the United States, is
prohibited in this state, except where acquired by inheritance, under
mortgage or in good faith in the ordinary course of justice in the collection
of debts; and all conveyances of lands hereafter made to any alien directly,
or in trust for such alien, shall be void: Provided, That the provisions of
this section shall not apply to lands containing valuable deposits of
minerals, metals, iron, coal, or fire clay, and the necessary land for mills
and machinery to be used in the development thereof and the manufacture
of the products therefrom: And provided further, That the provisions of this
section shall not apply to the citizens of such of the Provinces of the
Dominion of Canada as do not expressly or by implication prohibit
ownership of provincial lands by citizens of this state. [AMENDMENT 29,
1953 House Joint Resolution No. 16, p 853. Approved November 2, 1954.]
Amendment 24 (1950) — Art. 2 § 33 ALIEN OWNERSHIP — The
ownership of lands by aliens, other than those who in good faith have
declared their intention to become citizens of the United States, is
prohibited in this state, except where acquired by inheritance, under
mortgage or in good faith in the ordinary course of justice in the collection
of debts; and all conveyances of lands hereafter made to any alien directly,
or in trust for such alien, shall be void: Provided, That the provisions of
this section shall not apply to lands containing valuable deposits of
minerals, metals, iron, coal, or fire clay, and the necessary land for mills
and machinery to be used in the development thereof and the manufacture
of the products therefrom: And provided further, That the provisions of this
section shall not apply to the citizens of such of the Provinces of the
Dominion of Canada as do not expressly or by implication prohibit
ownership of provincial lands by citizens of this state. Every corporation,
the majority of the capital stock of which is owned by aliens, shall be
considered an alien for the purposes of this prohibition. [AMENDMENT
24, 1949 Senate Joint Resolution No. 9, p 999. Approved November,
1950.]
Original text — Art. 2 § 33 OWNERSHIP OF LANDS BY
ALIENS, PROHIBITED — Exceptions — The ownership of lands by
aliens, other than those who in good faith have declared their intention to
become citizens of the United States, is prohibited in this state, except where
acquired by inheritance, under mortgage or in good faith in the ordinary
course of justice in the collection of debts; and all conveyances of lands
hereafter made to any alien directly or in trust for such alien shall be void:
Provided, That the provisions of this section shall not apply to lands
containing valuable deposits of minerals, metals, iron, coal, or fire-clay,
and the necessary land for mills and machinery to be used in the development thereof and the manufacture of the products therefrom. Every
corporation, the majority of the capital stock of which is owned by aliens,
shall be considered on alien for the purposes of this prohibition.
(2004 Ed.)
Article II § 30
§ 34 BUREAU OF STATISTICS, AGRICULTURE
AND IMMIGRATION. There shall be established in the
office of the secretary of state, a bureau of statistics,
agriculture and immigration, under such regulations as the
legislature may provide.
§ 35 PROTECTION OF EMPLOYEES. The
legislature shall pass necessary laws for the protection of
persons working in mines, factories and other employments
dangerous to life or deleterious to health; and fix pains and
penalties for the enforcement of the same.
§ 36 WHEN BILLS MUST BE INTRODUCED.
No bill shall be considered in either house unless the time of
its introduction shall have been at least ten days before the
final adjournment of the legislature, unless the legislature
shall otherwise direct by a vote of two-thirds of all the
members elected to each house, said vote to be taken by
yeas and nays and entered upon the journal, or unless the
same be at a special session.
§ 37 REVISION OR AMENDMENT. No act shall
ever be revised or amended by mere reference to its title, but
the act revised or the section amended shall be set forth at
full length.
§ 38 LIMITATION ON AMENDMENTS. No
amendment to any bill shall be allowed which shall change
the scope and object of the bill.
§ 39 FREE TRANSPORTATION TO PUBLIC
OFFICER PROHIBITED. It shall not be lawful for any
person holding public office in this state to accept or use a
pass or to purchase transportation from any railroad or other
corporation, other than as the same may be purchased by the
general public, and the legislature shall pass laws to enforce
this provision.
§ 40 HIGHWAY FUNDS. All fees collected by the
State of Washington as license fees for motor vehicles and
all excise taxes collected by the State of Washington on the
sale, distribution or use of motor vehicle fuel and all other
state revenue intended to be used for highway purposes, shall
be paid into the state treasury and placed in a special fund
to be used exclusively for highway purposes. Such highway
purposes shall be construed to include the following:
(a) The necessary operating, engineering and legal
expenses connected with the administration of public
highways, county roads and city streets;
(b) The construction, reconstruction, maintenance,
repair, and betterment of public highways, county roads,
bridges and city streets; including the cost and expense of
(1) acquisition of rights-of-way, (2) installing, maintaining
and operating traffic signs and signal lights, (3) policing by
the state of public highways, (4) operation of movable span
bridges, (5) operation of ferries which are a part of any
public highway, county road, or city street;
(c) The payment or refunding of any obligation of the
State of Washington, or any political subdivision thereof, for
which any of the revenues described in section 1 may have
been legally pledged prior to the effective date of this act;
[Vol. 0 RCW—page 37]
Article II § 40
Constitution of the State of Washington
(d) Refunds authorized by law for taxes paid on motor
vehicle fuels;
(e) The cost of collection of any revenues described in
this section:
Provided, That this section shall not be construed to
include revenue from general or special taxes or excises not
levied primarily for highway purposes, or apply to vehicle
operator’s license fees or any excise tax imposed on motor
vehicles or the use thereof in lieu of a property tax thereon,
or fees for certificates of ownership of motor vehicles.
[AMENDMENT 18, 1943 House Joint Resolution No. 4, p
938. Approved November, 1944.]
§ 41 LAWS, EFFECTIVE DATE, INITIATIVE,
REFERENDUM — AMENDMENT OR REPEAL. No
act, law, or bill subject to referendum shall take effect until
ninety days after the adjournment of the session at which it
was enacted. No act, law or bill approved by a majority of
the electors voting thereon shall be amended or repealed by
the legislature within a period of two years following such
enactment: Provided, That any such act, law or bill may be
amended within two years after such enactment at any
regular or special session of the legislature by a vote of
two-thirds of all the members elected to each house with full
compliance with section 12, Article III, of the Washington
Constitution, and no amendatory law adopted in accordance
with this provision shall be subject to referendum. But such
enactment may be amended or repealed at any general
regular or special election by direct vote of the people
thereon. These provisions supersede the provisions of
subsection (c) of section 1 of this article as amended by the
seventh amendment to the Constitution of this state.
[AMENDMENT 26, 1951 Substitute Senate Joint Resolution
No. 7, p 959. Approved November 4, 1952.]
Reviser’s note: (1) In third sentence, comma between "general" and
"regular" omitted in conformity with enrolled resolution.
(2) Subsection (c) of section 1 of this article was amended by
Amendment 72, approved November 3, 1981.
§ 42 GOVERNMENTAL CONTINUITY DURING
EMERGENCY PERIODS. The legislature, in order to
insure continuity of state and local governmental operations
in periods of emergency resulting from enemy attack, shall
have the power and the duty, immediately upon and after
adoption of this amendment, to enact legislation providing
for prompt and temporary succession to the powers and
duties of public offices of whatever nature and whether filled
by election or appointment, the incumbents and legal
successors of which may become unavailable for carrying on
the powers and duties of such offices; the legislature shall
likewise enact such other measures as may be necessary and
proper for insuring the continuity of governmental operations
during such emergencies. Legislation enacted under the
powers conferred by this amendment shall in all respects
conform to the remainder of the Constitution: Provided,
That if, in the judgment of the legislature at the time of
disaster, conformance to the provisions of the Constitution
would be impracticable or would admit of undue delay, such
legislation may depart during the period of emergency
caused by enemy attack only, from the following sections of
the Constitution:
Article 14, Sections 1 and 2, Seat of Government;
[Vol. 0 RCW—page 38]
Article 2, Sections 8, 15 (Amendments 13 and 32), and
22, Membership, Quorum of Legislature and Passage of
Bills;
Article 3, Section 10 (Amendment 6), Succession to
Governorship: Provided, That the legislature shall not depart
from Section 10, Article III, as amended by Amendment 6,
of the state Constitution relating to the Governor’s office so
long as any successor therein named is available and capable
of assuming the powers and duties of such office as therein
prescribed;
Article 3, Section 13, Vacancies in State Offices;
Article 11, Section 6, Vacancies in County Offices;
Article 11, Section 2, Seat of County Government;
Article 3, Section 24, State Records. [AMENDMENT
39, 1961 House Joint Resolution No. 9, p 2758. Approved
November, 1962.]
Continuity of government act: Chapter 42.14 RCW.
§ 43 REDISTRICTING. (1) In January of each year
ending in one, a commission shall be established to provide
for the redistricting of state legislative and congressional
districts.
(2) The commission shall be composed of five members
to be selected as follows: The legislative leader of the two
largest political parties in each house of the legislature shall
appoint one voting member to the commission by January
15th of each year ending in one. By January 31st of each
year ending in one, the four appointed members, by an
affirmative vote of at least three, shall appoint the remaining
member. The fifth member of the commission, who shall be
nonvoting, shall act as its chairperson. If any appointing
authority fails to make the required appointment by the date
established by this subsection, within five days after that date
the supreme court shall make the required appointment.
(3) No elected official and no person elected to legislative district, county, or state political party office may serve
on the commission. A commission member shall not have
been an elected official and shall not have been an elected
legislative district, county, or state political party officer
within two years of his or her appointment to the commission. The provisions of this subsection do not apply to the
office of precinct committee person.
(4) The legislature shall enact laws providing for the
implementation of this section, to include additional qualifications for commissioners and additional standards to govern
the commission. The legislature shall appropriate funds to
enable the commission to carry out its duties.
(5) Each district shall contain a population, excluding
nonresident military personnel, as nearly equal as practicable
to the population of any other district. To the extent
reasonable, each district shall contain contiguous territory,
shall be compact and convenient, and shall be separated
from adjoining districts by natural geographic barriers,
artificial barriers, or political subdivision boundaries. The
commission’s plan shall not provide for a number of
legislative districts different than that established by the
legislature. The commission’s plan shall not be drawn
purposely to favor or discriminate against any political party
or group.
(6) The commission shall complete redistricting as soon
as possible following the federal decennial census, but no
later than January 1st of each year ending in two. At least
(2004 Ed.)
Constitution of the State of Washington
three of the voting members shall approve such a redistricting plan. If three of the voting members of the commission
fail to approve a plan within the time limitations provided in
this subsection, the supreme court shall adopt a plan by April
30th of the year ending in two in conformance with the
standards set forth in subsection (5) of this section.
(7) The legislature may amend the redistricting plan but
must do so by a two-thirds vote of the legislators elected or
appointed to each house of the legislature. Any amendment
must have passed both houses by the end of the thirtieth day
of the first session convened after the commission has
submitted its plan to the legislature. After that day, the plan,
with any legislative amendments, constitutes the state
districting law.
(8) The legislature shall enact laws providing for the
reconvening of a commission for the purpose of modifying
a districting law adopted under this section. Such reconvening requires a two-thirds vote of the legislators elected or
appointed to each house of the legislature. The commission
shall conform to the standards prescribed under subsection
(5) of this section and any other standards or procedures that
the legislature may provide by law. At least three of the
voting members shall approve such a modification. Any
modification adopted by the commission may be amended by
a two-thirds vote of the legislators elected and appointed to
each house of the legislature. The state districting law shall
include the modifications with amendments, if any.
(9) The legislature shall prescribe by law the terms of
commission members and the method of filling vacancies on
the commission.
(10) The supreme court has original jurisdiction to hear
and decide all cases involving congressional and legislative
redistricting.
(11) Legislative and congressional districts may not be
changed or established except pursuant to this section. A
districting plan and any legislative amendments to the plan
are not subject to Article III, section 12 of this Constitution.
[AMENDMENT 74, 1983 Substitute Senate Joint Resolution
No. 103, p 2202. Approved November 8, 1983.]
Article III
THE EXECUTIVE
§ 1 EXECUTIVE DEPARTMENT. The executive
department shall consist of a governor, lieutenant governor,
secretary of state, treasurer, auditor, attorney general,
superintendent of public instruction, and a commissioner of
public lands, who shall be severally chosen by the qualified
electors of the state at the same time and place of voting as
for the members of the legislature.
§ 2 GOVERNOR, TERM OF OFFICE. The
supreme executive power of this state shall be vested in a
governor, who shall hold his office for a term of four years,
and until his successor is elected and qualified.
§ 3 OTHER EXECUTIVE OFFICERS, TERMS
OF OFFICE. The lieutenant governor, secretary of state,
treasurer, auditor, attorney general, superintendent of public
instruction, and commissioner of public lands, shall hold
their offices for four years respectively, and until their
successors are elected and qualified.
(2004 Ed.)
Article II § 43
§ 4 RETURNS OF ELECTIONS, CANVASS, ETC.
The returns of every election for the officers named in the
first section of this article shall be sealed up and transmitted
to the seat of government by the returning officers, directed
to the secretary of state, who shall deliver the same to the
speaker of the house of representatives at the first meeting
of the house thereafter, who shall open, publish and declare
the result thereof in the presence of a majority of the
members of both houses. The person having the highest
number of votes shall be declared duly elected, and a
certificate thereof shall be given to such person, signed by
the presiding officers of both houses; but if any two or more
shall be highest and equal in votes for the same office, one
of them shall be chosen by the joint vote of both houses.
Contested elections for such officers shall be decided by the
legislature in such manner as shall be determined by law.
The terms of all officers named in section one of this article
shall commence on the second Monday in January after their
election until otherwise provided by law.
§ 5 GENERAL DUTIES OF GOVERNOR. The
governor may require information in writing from the
officers of the state upon any subject relating to the duties of
their respective offices, and shall see that the laws are
faithfully executed.
§ 6 MESSAGES. He shall communicate at every
session by message to the legislature the condition of the
affairs of the state, and recommend such measures as he
shall deem expedient for their action.
§ 7 EXTRA LEGISLATIVE SESSIONS. He may,
on extraordinary occasions, convene the legislature by
proclamation, in which shall be stated the purposes for which
the legislature is convened.
Extraordinary sessions to reconsider vetoes: Art. 3 § 12.
§ 8 COMMANDER-IN-CHIEF. He shall be
commander-in-chief of the military in the state except when
they shall be called into the service of the United States.
§ 9 PARDONING POWER. The pardoning power
shall be vested in the governor under such regulations and
restrictions as may be prescribed by law.
§ 10 VACANCY IN OFFICE OF GOVERNOR. In
case of the removal, resignation, death or disability of the
governor, the duties of the office shall devolve upon the
lieutenant governor; and in case of a vacancy in both the
offices of governor and lieutenant governor, the duties of the
governor shall devolve upon the secretary of state. In
addition to the line of succession to the office and duties of
governor as hereinabove indicated, if the necessity shall
arise, in order to fill the vacancy in the office of governor,
the following state officers shall succeed to the duties of
governor and in the order named, viz.: Treasurer, auditor,
attorney general, superintendent of public instruction and
commissioner of public lands. In case of the death, disability, failure or refusal of the person regularly elected to the
office of governor to qualify at the time provided by law, the
duties of the office shall devolve upon the person regularly
elected to and qualified for the office of lieutenant governor,
[Vol. 0 RCW—page 39]
Article III § 10
Constitution of the State of Washington
who shall act as governor until the disability be removed, or
a governor be elected; and in case of the death, disability,
failure or refusal of both the governor and the lieutenant
governor elect to qualify, the duties of the governor shall
devolve upon the secretary of state; and in addition to the
line of succession to the office and duties of governor as
hereinabove indicated, if there shall be the failure or refusal
of any officer named above to qualify, and if the necessity
shall arise by reason thereof, then in that event in order to
fill the vacancy in the office of governor, the following state
officers shall succeed to the duties of governor in the order
named, viz: Treasurer, auditor, attorney general, superintendent of public instruction and commissioner of public lands.
Any person succeeding to the office of governor as in this
section provided, shall perform the duties of such office only
until the disability be removed, or a governor be elected and
qualified; and if a vacancy occur more than thirty days
before the next general election occurring within two years
after the commencement of the term, a person shall be
elected at such election to fill the office of governor for the
remainder of the unexpired term. [AMENDMENT 6, 1909
p 642 § 1. Approved November, 1910.]
been returned by the governor: Provided, That within
forty-five days next after the adjournment, Sundays excepted,
the legislature may, upon petition by a two-thirds majority or
more of the membership of each house, reconvene in
extraordinary session, not to exceed five days duration,
solely to reconsider any bills vetoed. If any bill presented
to the governor contain several sections or appropriation
items, he may object to one or more sections or appropriation items while approving other portions of the bill:
Provided, That he may not object to less than an entire
section, except that if the section contain one or more
appropriation items he may object to any such appropriation
item or items. In case of objection he shall append to the
bill, at the time of signing it, a statement of the section or
sections, appropriation item or items to which he objects and
the reasons therefor; and the section or sections, appropriation item or items so objected to shall not take effect unless
passed over the governor’s objection, as hereinbefore
provided. The provisions of Article II, section 12 insofar as
they are inconsistent herewith are hereby repealed.
[AMENDMENT 62, 1974 Senate Joint Resolution No. 140,
p 806. Approved November 5, 1974.]
Governmental continuity during emergency periods: Art. 2 § 42.
Original text — Art. 3 § 10 VACANCY IN — In case of the
removal, resignation, death, or disability of the governor, the duties of the
office shall devolve upon the lieutenant governor, and in case of a vacancy
in both the offices of governor and lieutenant governor, the duties of
governor shall devolve upon the secretary of state, who shall act as
governor until the disability be removed or a governor elected.
Veto power withheld from initiated and referred measures: Art. 2 § 1.
Original text — Art. 3 § 12 VETO POWER — Every act which
shall have passed the legislature shall be, before it becomes a law,
presented to the governor. If he approves, he shall sign it; but if not, he
shall return it, with his objections, to that house in which it shall have
originated, which house shall enter the objections at large upon the journal
and proceed to reconsider. If, after such reconsideration, two-thirds of the
members present shall agree to pass the bill it shall be sent, together with
the objections, to the other house, by which it shall likewise be
reconsidered, and if approved by two-thirds of the members present, it shall
become a law; but in all cases the vote of both houses shall be determined
by the yeas and nays, and the names of the members voting for or against
the bill shall be entered upon the journal of each house respectively. If any
bill shall not be returned by the governor within five days, Sundays
excepted, after it shall be presented to him, it shall become a law without
his signature, unless the general adjournment shall prevent its return, in
which case it shall become a law unless the governor, within ten days next
after the adjournment, Sundays excepted, shall file such bill with his
objections thereto, in the office of secretary of state, who shall lay the same
before the legislature at its next session in like manner as if it had been
returned by the governor. If any bill presented to the governor contain
several sections or items, he may object to one or more sections or items
while approving other portions of the bill. In such case he shall append to
the bill, at the time of signing it, a statement of the section, or sections; item
or items to which he objects and the reasons therefor, and the section or
sections, item or items so objected to, shall not take effect unless passed
over the governor’s objection, as hereinbefore provided.
Veto power does not extend to initiated or referred measures: Art. 2 §
1(d).
§ 11 REMISSION OF FINES AND FORFEITURES. The governor shall have power to remit fines and
forfeitures, under such regulations as may be prescribed by
law, and shall report to the legislature at its next meeting
each case of reprieve, commutation or pardon granted, and
the reasons for granting the same, and also the names of all
persons in whose favor remission of fines and forfeitures
shall have been made, and the several amounts remitted and
the reasons for the remission.
§ 12 VETO POWERS. Every act which shall have
passed the legislature shall be, before it becomes a law,
presented to the governor. If he approves, he shall sign it;
but if not, he shall return it, with his objections, to that
house in which it shall have originated, which house shall
enter the objections at large upon the journal and proceed to
reconsider. If, after such reconsideration, two-thirds of the
members present shall agree to pass the bill it shall be sent,
together with the objections, to the other house, by which it
shall likewise be reconsidered, and if approved by two-thirds
of the members present, it shall become a law; but in all
such cases the vote of both houses shall be determined by
the yeas and nays, and the names of the members voting for
or against the bill shall be entered upon the journal of each
house respectively. If any bill shall not be returned by the
governor within five days, Sundays excepted, after it shall be
presented to him, it shall become a law without his signature, unless the general adjournment shall prevent its return,
in which case it shall become a law unless the governor,
within twenty days next after the adjournment, Sundays
excepted, shall file such bill with his objections thereto, in
the office of secretary of state, who shall lay the same before
the legislature at its next session in like manner as if it had
[Vol. 0 RCW—page 40]
§ 13 VACANCY IN APPOINTIVE OFFICE.
When, during a recess of the legislature, a vacancy shall
happen in any office, the appointment to which is vested in
the legislature, or when at any time a vacancy shall have
occurred in any other state office, for the filling of which
vacancy no provision is made elsewhere in this Constitution,
the governor shall fill such vacancy by appointment, which
shall expire when a successor shall have been elected and
qualified.
Appointment of governing boards of educational, reformatory and penal
institutions: Art. 13 § 1.
Governmental continuity during emergency periods: Art. 2 § 42.
(2004 Ed.)
Constitution of the State of Washington
§ 14 SALARY. The governor shall receive an annual
salary of four thousand dollars, which may be increased by
law, but shall never exceed six thousand dollars per annum.
Compensation of legislators, elected state officials, and judges: Art. 28 §
1, Art. 30.
§ 15 COMMISSIONS, HOW ISSUED. All commissions shall issue in the name of the state, shall be signed by
the governor, sealed with the seal of the state, and attested
by the secretary of state.
§ 16 LIEUTENANT GOVERNOR, DUTIES AND
SALARY. The lieutenant governor shall be presiding
officer of the state senate, and shall discharge such other
duties as may be prescribed by law. He shall receive an
annual salary of one thousand dollars, which may be
increased by the legislature, but shall never exceed three
thousand dollars per annum.
Compensation of legislators, elected state officials, and judges: Art. 28 §
1, Art. 30.
§ 17 SECRETARY OF STATE, DUTIES AND
SALARY. The secretary of state shall keep a record of the
official acts of the legislature, and executive department of
the state, and shall, when required, lay the same, and all
matters relative thereto, before either branch of the legislature, and shall perform such other duties as shall be assigned
him by law. He shall receive an annual salary of
twenty-five hundred dollars, which may be increased by the
legislature, but shall never exceed three thousand dollars per
annum.
Compensation of legislators, elected state officials, and judges: Art. 28 §
1, Art. 30.
§ 18 SEAL. There shall be a seal of the state kept by
the secretary of state for official purposes, which shall be
called, "The Seal of the State of Washington."
Design of the Seal: Art. 18 § 1.
State seal: RCW 1.20.080.
§ 19 STATE TREASURER, DUTIES AND SALARY. The treasurer shall perform such duties as shall be prescribed by law. He shall receive an annual salary of two
thousand dollars, which may be increased by the legislature,
but shall never exceed four thousand dollars per annum.
Compensation of legislators, elected state officials, and judges: Art. 28 §
1, Art. 30.
§ 20 STATE AUDITOR, DUTIES AND SALARY.
The auditor shall be auditor of public accounts, and shall
have such powers and perform such duties in connection
therewith as may be prescribed by law. He shall receive an
annual salary of two thousand dollars, which may be
increased by the legislature, but shall never exceed three
thousand dollars per annum.
Compensation of legislators, elected state officials, and judges: Art. 28 §
1, Art. 30.
§ 21 ATTORNEY GENERAL, DUTIES AND
SALARY. The attorney general shall be the legal adviser
of the state officers, and shall perform such other duties as
may be prescribed by law. He shall receive an annual salary
of two thousand dollars, which may be increased by the
(2004 Ed.)
Article III § 14
legislature, but shall never exceed thirty-five hundred dollars
per annum.
Compensation of legislators, elected state officials, and judges: Art. 28 §
1, Art. 30.
§ 22 SUPERINTENDENT OF PUBLIC INSTRUCTION, DUTIES AND SALARY. The superintendent of
public instruction shall have supervision over all matters
pertaining to public schools, and shall perform such specific
duties as may be prescribed by law. He shall receive an
annual salary of twenty-five hundred dollars, which may be
increased by law, but shall never exceed four thousand
dollars per annum.
Compensation of legislators, elected state officials, and judges: Art. 28 §
1, Art. 30.
§ 23 COMMISSIONER OF PUBLIC LANDS —
COMPENSATION. The commissioner of public lands
shall perform such duties and receive such compensation as
the legislature may direct.
§ 24 RECORDS, WHERE KEPT, ETC. The governor, secretary of state, treasurer, auditor, superintendent of
public instruction, commissioner of public lands and attorney
general shall severally keep the public records, books and
papers relating to their respective offices, at the seat of
government, at which place also the governor, secretary of
state, treasurer and auditor shall reside.
Governmental continuity during emergency periods: Art. 2 § 42.
§ 25 QUALIFICATIONS, COMPENSATION,
OFFICES WHICH MAY BE ABOLISHED. No person,
except a citizen of the United States and a qualified elector
of this state, shall be eligible to hold any state office. The
compensation for state officers shall not be increased or
diminished during the term for which they shall have been
elected. The legislature may in its discretion abolish the
offices of the lieutenant governor, auditor and commissioner
of public lands. [AMENDMENT 31, 1955 Senate Joint
Resolution No. 6, p 1861. Approved November 6, 1956.]
Authorizing compensation increase during term: Art. 30 § 1.
Increase or diminution of compensation during term of office prohibited.
county, city, town or municipal officers: Art. 11 § 8.
judicial officers: Art. 4 § 13.
public officers: Art. 2 § 25.
Original text — Art. 3 § 25 QUALIFICATIONS — No person,
except a citizen of the United States and a qualified elector of this state,
shall be eligible to hold any state office, and the state treasurer shall be
ineligible for the term succeeding that for which he was elected. The
compensation for state officers shall not be increased or diminished during
the term for which they shall have been elected. The legislature may in its
discretion abolish the offices of the lieutenant governor, auditor and
commissioner of public lands.
Article IV
THE JUDICIARY
§ 1 JUDICIAL POWER, WHERE VESTED. The
judicial power of the state shall be vested in a supreme
court, superior courts, justices of the peace, and such inferior
courts as the legislature may provide.
Court of appeals: Art. 4 § 30.
§ 2 SUPREME COURT. The supreme court shall
consist of five judges, a majority of whom shall be necessary
[Vol. 0 RCW—page 41]
Article IV § 2
Constitution of the State of Washington
to form a quorum, and pronounce a decision. The said court
shall always be open for the transaction of business except
on nonjudicial days. In the determination of causes all
decisions of the court shall be given in writing and the
grounds of the decision shall be stated. The legislature may
increase the number of judges of the supreme court from
time to time and may provide for separate departments of
said court.
§ 2(a) TEMPORARY PERFORMANCE OF JUDICIAL DUTIES. When necessary for the prompt and
orderly administration of justice a majority of the Supreme
Court is empowered to authorize judges or retired judges of
courts of record of this state, to perform, temporarily,
judicial duties in the Supreme Court, and to authorize any
superior court judge to perform judicial duties in any
superior court of this state. [AMENDMENT 38, 1961 House
Joint Resolution No. 6, p 2757. Approved November, 1962.]
§ 3 ELECTION AND TERMS OF SUPREME
COURT JUDGES. The judges of the supreme court shall
be elected by the qualified electors of the state at large at the
general state election at the times and places at which state
officers are elected, unless some other time be provided by
the legislature. The first election of judges of the supreme
court shall be at the election which shall be held upon the
adoption of this Constitution and the judges elected thereat
shall be classified by lot, so that two shall hold their office
for the term of three years, two for the term of five years,
and one for the term of seven years. The lot shall be drawn
by the judges who shall for that purpose assemble at the seat
of government, and they shall cause the result thereof to be
certified to the secretary of state, and filed in his office. The
supreme court shall select a chief justice from its own
membership to serve for a four-year term at the pleasure of
a majority of the court as prescribed by supreme court rule.
The chief justice shall preside at all sessions of the supreme
court. In case of the absence of the chief justice, the
majority of the remaining court shall select one of their
members to serve as acting chief justice. After the first
election the terms of judges elected shall be six years from
and after the second Monday in January next succeeding
their election. If a vacancy occur in the office of a judge of
the supreme court the governor shall only appoint a person
to ensure the number of judges as specified by the
legislature, to hold the office until the election and
qualification of a judge to fill the vacancy, which election
shall take place at the next succeeding general election, and
the judge so elected shall hold the office for the remainder
of the unexpired term. The term of office of the judges of
the supreme court, first elected, shall commence as soon as
the state shall have been admitted into the Union, and
continue for the term herein provided, and until their
successors are elected and qualified. The sessions of the
supreme court shall be held at the seat of government until
otherwise provided by law. [AMENDMENT 89, 1995
Substitute Senate Joint Resolution No. 8210, p 2905.
Approved November 7, 1995.]
ORIGINAL TEXT - ART. 4 § 3 ELECTION AND TERMS OF
SUPREME COURT JUDGES - The judges of the supreme court shall be
elected by the qualified electors of the state at large at the general state
election at the times and places at which state officers are elected, unless
some other time be provided by the legislature. The first election of judges
[Vol. 0 RCW—page 42]
of the supreme court shall be at the election which shall be held upon the
adoption of this Constitution and the judges elected thereat shall be
classified by lot, so that two shall hold their office for the term of three
years, two for the term of five years, and one for the term of seven years.
The lot shall be drawn by the judges who shall for that purpose assemble
at the seat of government, and they shall cause the result thereof to be
certified to the secretary of state, and filed in his office. The judge having
the shortest term to serve not holding his office by appointment or election
to fill a vacancy, shall be the chief justice, and shall preside at all sessions
of the supreme court, and in case there shall be two judges having in like
manner the same short term, the other judges of the supreme court shall
determine which of them shall be chief justice. In case of the absence of the
chief justice, the judge having in like manner the shortest or next shortest
term to serve shall preside. After the first election the terms of judges
elected shall be six years from and after the second Monday in January next
succeeding their election. If a vacancy occur in the office of a judge of the
supreme court the governor shall appoint a person to hold the office until
the election and qualification of a judge to fill the vacancy, which election
shall take place at the next succeeding general election, and the judge so
elected shall hold the office for the remainder of the unexpired term. The
term of office of the judges of the supreme court, first elected, shall
commence as soon as the state shall have been admitted into the Union, and
continue for the term herein provided, and until their successors are elected
and qualified. The sessions of the supreme court shall be held at the seat
of government until otherwise provided by law.
§ 3(a) RETIREMENT OF SUPREME COURT
AND SUPERIOR COURT JUDGES. A judge of the
supreme court or the superior court shall retire from judicial
office at the end of the calendar year in which he attains the
age of seventy-five years. The legislature may, from time to
time, fix a lesser age for mandatory retirement, not earlier
than the end of the calendar year in which any such judge
attains the age of seventy years, as the legislature deems
proper. This provision shall not affect the term to which any
such judge shall have been elected or appointed prior to, or
at the time of, approval and ratification of this provision.
Notwithstanding the limitations of this section, the legislature
may by general law authorize or require the retirement of
judges for physical or mental disability, or any cause
rendering judges incapable of performing their judicial
duties. [AMENDMENT 25, 1951 House Joint Resolution
No. 6, p 960. Approved November 4, 1952.]
§ 4 JURISDICTION. The supreme court shall have
original jurisdiction in habeas corpus, and quo warranto and
mandamus as to all state officers, and appellate jurisdiction
in all actions and proceedings, excepting that its appellate
jurisdiction shall not extend to civil actions at law for the
recovery of money or personal property when the original
amount in controversy, or the value of the property does not
exceed the sum of two hundred dollars ($200) unless the
action involves the legality of a tax, impost, assessment, toll,
municipal fine, or the validity of a statute. The supreme
court shall also have power to issue writs of mandamus,
review, prohibition, habeas corpus, certiorari and all other
writs necessary and proper to the complete exercise of its
appellate and revisory jurisdiction. Each of the judges shall
have power to issue writs of habeas corpus to any part of the
state upon petition by or on behalf of any person held in
actual custody, and may make such writs returnable before
himself, or before the supreme court, or before any superior
court of the state or any judge thereof.
§ 5 SUPERIOR COURT — ELECTION OF
JUDGES, TERMS OF, ETC. There shall be in each of the
organized counties of this state a superior court for which at
(2004 Ed.)
Constitution of the State of Washington
least one judge shall be elected by the qualified electors of
the county at the general state election: Provided, That until
otherwise directed by the legislature one judge only shall be
elected for the counties of Spokane and Stevens; one judge
for the county of Whitman; one judge for the counties of
Lincoln, Okanogan, Douglas and Adams; one judge for the
counties of Walla Walla and Franklin; one judge for the
counties of Columbia, Garfield and Asotin; one judge for the
counties of Kittitas, Yakima and Klickitat; one judge for the
counties of Clarke, Skamania, Pacific, Cowlitz and
Wahkiakum; one judge for the counties of Thurston,
Chehalis, Mason and Lewis; one judge for the county of
Pierce; one judge for the county of King; one judge for the
counties of Jefferson, Island, Kitsap, San Juan and Clallam;
and one judge for the counties of Whatcom, Skagit and
Snohomish. In any county where there shall be more than
one superior judge, there may be as many sessions of the
superior court at the same time as there are judges thereof,
and whenever the governor shall direct a superior judge to
hold court in any county other than that for which he has
been elected, there may be as many sessions of the superior
court in said county at the same time as there are judges
therein or assigned to duty therein by the governor, and the
business of the court shall be so distributed and assigned by
law or in the absence of legislation therefor, by such rules
and orders of court as shall best promote and secure the
convenient and expeditious transaction thereof. The judgments, decrees, orders and proceedings of any session of the
superior court held by any one or more of the judges of such
court shall be equally effectual as if all the judges of said
court presided at such session. The first superior judges
elected under this Constitution shall hold their offices for the
period of three years, and until their successors shall be
elected and qualified, and thereafter the term of office of all
superior judges in this state shall be for four years from the
second Monday in January next succeeding their election and
until their successors are elected and qualified. The first
election of judges of the superior court shall be at the
election held for the adoption of this Constitution. If a
vacancy occurs in the office of judge of the superior court,
the governor shall appoint a person to hold the office until
the election and qualification of a judge to fill the vacancy,
which election shall be at the next succeeding general
election, and the judge so elected shall hold office for the
remainder of the unexpired term.
Supreme court may authorize superior court judge to perform judicial
duties in any superior court: Art. 4 § 2(a).
§ 6 JURISDICTION OF SUPERIOR COURTS.
Superior courts and district courts have concurrent jurisdiction in cases in equity. The superior court shall have
original jurisdiction in all cases at law which involve the title
or possession of real property, or the legality of any tax,
impost, assessment, toll, or municipal fine, and in all other
cases in which the demand or the value of the property in
controversy amounts to three thousand dollars or as otherwise determined by law, or a lesser sum in excess of the
jurisdiction granted to justices of the peace and other inferior
courts, and in all criminal cases amounting to felony, and in
all cases of misdemeanor not otherwise provided for by law;
of actions of forcible entry and detainer; of proceedings in
insolvency; of actions to prevent or abate a nuisance; of all
(2004 Ed.)
Article IV § 5
matters of probate, of divorce, and for annulment of marriage; and for such special cases and proceedings as are not
otherwise provided for. The superior court shall also have
original jurisdiction in all cases and of all proceedings in
which jurisdiction shall not have been by law vested exclusively in some other court; and said court shall have the
power of naturalization and to issue papers therefor. They
shall have such appellate jurisdiction in cases arising in
justices’ and other inferior courts in their respective counties
as may be prescribed by law. They shall always be open,
except on nonjudicial days, and their process shall extend to
all parts of the state. Said courts and their judges shall have
power to issue writs of mandamus, quo warranto, review,
certiorari, prohibition, and writs of habeas corpus, on petition
by or on behalf of any person in actual custody in their
respective counties. Injunctions and writs of prohibition and
of habeas corpus may be issued and served on legal holidays
and nonjudicial days. [AMENDMENT 87, 1993 House Joint
Resolution No. 4201, p 3063. Approved November 2,
1993.]
Amendment 65, part (1977) — Art. 4 § 6 JURISDICTION OF
SUPERIOR COURTS — The superior court shall have original
jurisdiction in all cases in equity and in all cases at law which involve the
title or possession of real property, or the legality of any tax, impost,
assessment, toll, or municipal fine, and in all other cases in which the
demand or the value of the property in controversy amounts to three
thousand dollars or as otherwise determined by law, or a lesser sum in
excess of the jurisdiction granted to justices of the peace and other inferior
courts, and in all criminal cases amounting to felony, and in all cases of
misdemeanor not otherwise provided for by law; of actions of forcible entry
and detainer; of proceedings in insolvency; of actions to prevent or abate
a nuisance; of all matters of probate, of divorce, and for annulment of
marriage; and for such special cases and proceedings as are not otherwise
provided for. The superior court shall also have original jurisdiction in all
cases and of all proceedings in which jurisdiction shall not have been by
law vested exclusively in some other court; and said court shall have the
power of naturalization and to issue papers therefor. They shall have such
appellate jurisdiction in cases arising in justices’ and other inferior courts
in their respective counties as may be prescribed by law. They shall always
be open, except on nonjudicial days, and their process shall extend to all
parts of the state. Said courts and their judges shall have power to issue
writs of mandamus, quo warranto, review, certiorari, prohibition, and writs
of habeas corpus, on petition by or on behalf of any person in actual
custody in their respective counties. Injunctions and writs of prohibition
and of habeas corpus may be issued and served on legal holidays and
nonjudicial days. [AMENDMENT 65, part, 1977 Senate Joint Resolution
No. 113, p 1714. Approved November 8, 1977.]
Amendment 65 also amended Art. 4 § 10.
Amendment 28, part (1952) — Art. 4 § 6 JURISDICTION OF
SUPERIOR COURTS — The superior court shall have original jurisdiction in all cases in equity and in all cases at law which involve the title or
possession of real property, or the legality of any tax, impost, assessment,
toll, or municipal fine, and in all other cases in which the demand or the
value of the property in controversy amounts to one thousand dollars, or a
lesser sum in excess of the jurisdiction granted to justices of the peace and
other inferior courts, and in all criminal cases amounting to felony, and in
all cases of misdemeanor not otherwise provided for by law; of actions of
forcible entry and detainer; of proceedings in insolvency; of actions to
prevent or abate a nuisance; of all matters of probate, of divorce, and for
annulment of marriage; and for such special cases and proceedings as are
not otherwise provided for. The superior court shall also have original
jurisdiction in all cases and of all proceedings in which jurisdiction shall
not have been by law vested exclusively in some other court; and said court
shall have the power of naturalization and to issue papers therefor. They
shall have such appellate jurisdiction in cases arising in justices’ and other
inferior courts in their respective counties as may be prescribed by law.
They shall always be open, except on nonjudicial days, and their process
shall extend to all parts of the state. Said courts and their judges shall
have power to issue writs of mandamus, quo warranto, review, certiorari,
prohibition, and writs of habeas corpus, on petition by or on behalf of any
person in actual custody in their respective counties. Injunctions and writs
[Vol. 0 RCW—page 43]
Article IV § 6
Constitution of the State of Washington
of prohibition and of habeas corpus may be issued and served on legal
holidays and nonjudicial days. [AMENDMENT 28, part, 1951 Substitute
House Joint Resolution No. 13, p 962. Approved November 4, 1952.]
Note: Amendment 28 also amended Art. 4 § 10.
ORIGINAL TEXT — ART. 4 § 6 JURISDICTION OF
SUPERIOR COURTS — The superior court shall have original
jurisdiction in all cases in equity, and in all cases at law which involve the
title or possession of real property, or the legality of any tax, impost,
assessment, toll or municipal fine, and in all other cases in which the
demand, or the value of the property in controversy amounts to one hundred
dollars, and in all criminal cases amounting to felony, and in all cases of
misdemeanor not otherwise provided for by law; of actions of forcible entry
and detainer; of proceedings in insolvency; of actions to prevent or abate
a nuisance; of all matters of probate, of divorce, and for annulment of
marriage; and for such special cases and proceedings as are not otherwise
provided for. The superior court shall also have original jurisdiction in all
cases and of all proceedings in which jurisdiction shall not have been by
law vested exclusively in some other court; and said court shall have the
power of naturalization, and to issue papers therefor. They shall have such
appellate jurisdiction in cases arising in justice’s and other inferior courts
in their respective counties as may be prescribed by law. They shall be
always open except on non-judicial days, and their process shall extend to
all parts of the state. Said courts and their judges shall have power to
issue writs of mandamus, quo warranto, review, certiorari, prohibition, and
writs of habeas corpus on petition by or on behalf of any person in actual
custody in their respective counties. Injunctions and writs of prohibition
and of habeas corpus may be issued and served on legal holidays and
non-judicial days.
§ 7 EXCHANGE OF JUDGES — JUDGE PRO
TEMPORE. The judge of any superior court may hold a
superior court in any county at the request of the judge of
the superior court thereof, and upon the request of the
governor it shall be his or her duty to do so. A case in the
superior court may be tried by a judge pro tempore either
with the agreement of the parties if the judge pro tempore is
a member of the bar, is agreed upon in writing by the parties
litigant or their attorneys of record, and is approved by the
court and sworn to try the case; or without the agreement of
the parties if the judge pro tempore is a sitting elected judge
and is acting as a judge pro tempore pursuant to supreme
court rule. The supreme court rule must require assignments
of judges pro tempore based on the judges’ experience and
must provide for the right, exercisable once during a case, to
a change of judge pro tempore. Such right shall be in
addition to any other right provided by law. However, if a
previously elected judge of the superior court retires leaving
a pending case in which the judge has made discretionary
rulings, the judge is entitled to hear the pending case as a
judge pro tempore without any written agreement.
[AMENDMENT 94, 2001 Engrossed Senate Joint
Resolution No. 8208, p 2327. Approved November 6,
2001.]
Amendment 80 — Art. 4 § 7 EXCHANGE OF JUDGES —
JUDGE PRO TEMPORE — The judge of any superior court may hold
a superior court in any county at the request of the judge of the superior
court thereof, and upon the request of the governor it shall be his duty to
do so. A case in the superior court may be tried by a judge, pro tempore,
who must be a member of the bar, agreed upon in writing by the parties
litigant, or their attorneys of record, approved by the court and sworn to
try the case. However, if a previously elected judge of the superior court
retires leaving a pending case in which the judge has made discretionary
rulings, the judge is entitled to hear the pending case as a judge pro
tempore without any written agreement. [AMENDMENT 80, 1987 Senate
Joint Resolution No. 8207, p 2815. Approved November 3, 1987.]
ORIGINAL TEXT — ART. 4 § 7 EXCHANGE OF JUDGES —
JUDGE PRO TEMPORE — The judge of any superior court may hold
a superior court in any county at the request of the judge of the superior
court thereof, and upon the request of the governor it shall be his duty to
do so. A case in the superior court may be tried by a judge, pro tempore,
[Vol. 0 RCW—page 44]
who must be a member of the bar, agreed upon in writing by the parties
litigant, or their attorneys of record, approved by the court and sworn to
try the case.
§ 8 ABSENCE OF JUDICIAL OFFICER. Any
judicial officer who shall absent himself from the state for
more than sixty consecutive days shall be deemed to have
forfeited his office: Provided, That in cases of extreme
necessity the governor may extend the leave of absence such
time as the necessity therefor shall exist.
§ 9 REMOVAL OF JUDGES, ATTORNEY
GENERAL, ETC. Any judge of any court of record, the
attorney general, or any prosecuting attorney may be
removed from office by joint resolution of the legislature, in
which three-fourths of the members elected to each house
shall concur, for incompetency, corruption, malfeasance, or
delinquency in office, or other sufficient cause stated in such
resolution. But no removal shall be made unless the officer
complained of shall have been served with a copy of the
charges against him as the ground of removal, and shall have
an opportunity of being heard in his defense. Such resolution shall be entered at length on the journal of both houses
and on the question of removal the ayes and nays shall also
be entered on the journal.
Removal, censure, suspension, or retirement of judges or justices: Art. 4 §
31.
§ 10 JUSTICES OF THE PEACE. The legislature
shall determine the number of justices of the peace to be
elected and shall prescribe by law the powers, duties and
jurisdiction of justices of the peace: Provided, That such
jurisdiction granted by the legislature shall not trench upon
the jurisdiction of superior or other courts of record, except
that justices of the peace may be made police justices of
incorporated cities and towns. Justices of the peace shall
have original jurisdiction in cases where the demand or value
of the property in controversy is less than three hundred
dollars or such greater sum, not to exceed three thousand
dollars or as otherwise determined by law, as shall be
prescribed by the legislature. In incorporated cities or towns
having more than five thousand inhabitants, the justices of
the peace shall receive such salary as may be provided by
law, and shall receive no fees for their own use. [AMENDMENT 65, part, 1977 Senate Joint Resolution No. 113, p
1714. Approved November 8, 1977.]
Amendment 65 also amended Art. 4 § 6.
Amendment 28, part (1952) — Art. 4 § 10 JUSTICES OF THE
PEACE — The legislature shall determine the number of justices of the
peace to be elected and shall prescribe by law the powers, duties and
jurisdiction of justices of the peace: Provided, That such jurisdiction
granted by the legislature shall not trench upon the jurisdiction of superior
or other courts of record, except that justices of the peace may be made
police justices of incorporated cities and towns. Justices of the peace shall
have original jurisdiction in cases where the demand or value of the
property in controversy is less than three hundred dollars or such greater
sum, not to exceed one thousand dollars, as shall be prescribed by the
legislature. In incorporated cities or towns having more than five thousand
inhabitants, the justices of the peace shall receive such salary as may be
provided by law, and shall receive no fees for their own use. [AMENDMENT 28, part, 1951 Substitute House Joint Resolution No. 13, p 962.
Approved November 4, 1952.]
Note: Amendment 28 also amended Art. 4 § 6.
Original text — Art. 4 § 10 JUSTICES OF THE PEACE — The
legislature shall determine the number of justices of the peace to be elected
in incorporated cities or towns and in precincts, and shall prescribe by law
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Constitution of the State of Washington
the powers, duties and jurisdiction of justices of the peace; Provided, That
such jurisdiction granted by the legislature shall not trench upon the
jurisdiction of superior or other courts of record, except that justices of the
peace may be made police justices of incorporated cities and towns. In
incorporated cities or towns having more than five thousand inhabitants the
justices of the peace shall receive such salary as may be provided by law,
and shall receive no fees for their own use.
§ 11 COURTS OF RECORD. The supreme court
and the superior courts shall be courts of record, and the
legislature shall have power to provide that any of the courts
of this state, excepting justices of the peace, shall be courts
of record.
§ 12 INFERIOR COURTS. The legislature shall
prescribe by law the jurisdiction and powers of any of the
inferior courts which may be established in pursuance of this
Constitution.
§ 13 SALARIES OF JUDICIAL OFFICERS —
HOW PAID, ETC. No judicial officer, except court
commissioners and unsalaried justices of the peace, shall
receive to his own use any fees or perquisites of office. The
judges of the supreme court and judges of the superior courts
shall severally at stated times, during their continuance in
office, receive for their services the salaries prescribed by
law therefor, which shall not be increased after their election,
nor during the term for which they shall have been elected.
The salaries of the judges of the supreme court shall be paid
by the state. One-half of the salary of each of the superior
court judges shall be paid by the state, and the other one-half
by the county or counties for which he is elected. In cases
where a judge is provided for more than one county, that
portion of his salary which is to be paid by the counties shall
be apportioned between or among them according to the
assessed value of their taxable property, to be determined by
the assessment next preceding the time for which such salary
is to be paid.
Authorizing compensation increase during term: Art. 30 § 1.
Increase or diminution of compensation during term of office prohibited
county, city or municipal officers: Art. 11 § 8.
public officers: Art. 2 § 25.
state officers: Art. 3 § 25.
§ 14 SALARIES OF SUPREME AND SUPERIOR
COURT JUDGES. Each of the judges of the supreme
court shall receive an annual salary of four thousand dollars
($4,000); each of the superior court judges shall receive an
annual salary of three thousand dollars ($3,000), which said
salaries shall be payable quarterly. The legislature may
increase the salaries of judges herein provided.
Compensation of legislators, elected state officials, and judges: Art. 28 §
1.
§ 15 INELIGIBILITY OF JUDGES. The judges of
the supreme court and the judges of the superior court shall
be ineligible to any other office or public employment than
a judicial office, or employment, during the term for which
they shall have been elected.
§ 16 CHARGING JURIES. Judges shall not charge
juries with respect to matters of fact, nor comment thereon,
but shall declare the law.
(2004 Ed.)
Article IV § 10
§ 17 ELIGIBILITY OF JUDGES. No person shall
be eligible to the office of judge of the supreme court, or
judge of a superior court, unless he shall have been admitted
to practice in the courts of record of this state, or of the
Territory of Washington.
§ 18 SUPREME COURT REPORTER. The judges
of the supreme court shall appoint a reporter for the decisions of that court, who shall be removable at their pleasure.
He shall receive such annual salary as shall be prescribed by
law.
§ 19 JUDGES MAY NOT PRACTICE LAW. No
judge of a court of record shall practice law in any court of
this state during his continuance in office.
§ 20 DECISIONS, WHEN TO BE MADE. Every
cause submitted to a judge of a superior court for his
decision shall be decided by him within ninety days from the
submission thereof; Provided, That if within said period of
ninety days a rehearing shall have been ordered, then the
period within which he is to decide shall commence at the
time the cause is submitted upon such a hearing.
§ 21 PUBLICATION OF OPINIONS. The legislature shall provide for the speedy publication of opinions of
the supreme court, and all opinions shall be free for publication by any person.
§ 22 CLERK OF THE SUPREME COURT. The
judges of the supreme court shall appoint a clerk of that
court who shall be removable at their pleasure, but the
legislature may provide for the election of the clerk of the
supreme court, and prescribe the term of his office. The
clerk of the supreme court shall receive such compensation
by salary only as shall be provided by law.
§ 23 COURT COMMISSIONERS. There may be
appointed in each county, by the judge of the superior court
having jurisdiction therein, one or more court commissioners,
not exceeding three in number, who shall have authority to
perform like duties as a judge of the superior court at
chambers, subject to revision by such judge, to take depositions and to perform such other business connected with the
administration of justice as may be prescribed by law.
§ 24 RULES FOR SUPERIOR COURTS. The
judges of the superior courts, shall from time to time,
establish uniform rules for the government of the superior
courts.
§ 25 REPORTS OF SUPERIOR COURT JUDGES.
Superior judges, shall on or before the first day of November
in each year, report in writing to the judges of the supreme
court such defects and omissions in the laws as their
experience may suggest, and the judges of the supreme court
shall on or before the first day of January in each year report
in writing to the governor such defects and omissions in the
laws as they may believe to exist.
[Vol. 0 RCW—page 45]
Article IV § 26
Constitution of the State of Washington
§ 26 CLERK OF THE SUPERIOR COURT. The
county clerk shall be by virtue of his office, clerk of the
superior court.
(6) Conflicts. The provisions of this section shall
supersede any conflicting provisions in prior sections of this
article. [AMENDMENT 50, 1967 Senate Joint Resolution
No. 6; see 1969 p 2975. Approved November 5, 1968.]
§ 27 STYLE OF PROCESS. The style of all process
shall be, "The State of Washington," and all prosecutions
shall be conducted in its name and by its authority.
Reviser’s note: This section which was adopted as Sec. 29 is herein
renumbered Sec. 30 to avoid confusion with Sec. 29, supra.
§ 28 OATH OF JUDGES. Every judge of the
supreme court, and every judge of a superior court shall,
before entering upon the duties of his office, take and
subscribe an oath that he will support the Constitution of the
United States and the Constitution of the State of Washington, and will faithfully and impartially discharge the duties
of judge to the best of his ability, which oath shall be filed
in the office of the secretary of state.
§ 29 ELECTION OF SUPERIOR COURT JUDGES. Notwithstanding any provision of this Constitution to
the contrary, if, after the last day as provided by law for the
withdrawal of declarations of candidacy has expired, only
one candidate has filed for any single position of superior
court judge in any county containing a population of one
hundred thousand or more, no primary or election shall be
held as to such position, and a certificate of election shall be
issued to such candidate. If, after any contested primary for
superior court judge in any county, only one candidate is
entitled to have his name printed on the general election
ballot for any single position, no election shall be held as to
such position, and a certificate of election shall be issued to
such candidate: Provided, That in the event that there is
filed with the county auditor within ten days after the date
of the primary, a petition indicating that a write in campaign
will be conducted for such single position and signed by one
hundred registered voters qualified to vote with respect of
the office, then such single position shall be subject to the
general election. Provisions for the contingency of the death
or disqualification of a sole candidate between the last date
for withdrawal and the time when the election would be held
but for the provisions of this section, and such other provisions as may be deemed necessary to implement the provisions of this section, may be enacted by the legislature.
[AMENDMENT 41, 1965 ex.s. Substitute Senate Joint
Resolution No. 6, p 2815. Approved November 8, 1966.]
§ 30 COURT OF APPEALS. (1) Authorization. In
addition to the courts authorized in section 1 of this article,
judicial power is vested in a court of appeals, which shall be
established by statute.
(2) Jurisdiction. The jurisdiction of the court of
appeals shall be as provided by statute or by rules authorized
by statute.
(3) Review of Superior Court. Superior court actions
may be reviewed by the court of appeals or by the supreme
court as provided by statute or by rule authorized by statute.
(4) Judges. The number, manner of election, compensation, terms of office, removal and retirement of judges of
the court of appeals shall be as provided by statute.
(5) Administration and Procedure. The administration
and procedures of the court of appeals shall be as provided
by rules issued by the supreme court.
[Vol. 0 RCW—page 46]
§ 31 COMMISSION ON JUDICIAL CONDUCT.
(1) There shall be a commission on judicial conduct, existing
as an independent agency of the judicial branch, and consisting of a judge selected by and from the court of appeals
judges, a judge selected by and from the superior court
judges, a judge selected by and from the district court
judges, two persons admitted to the practice of law in this
state selected by the state bar association, and six persons
who are not attorneys appointed by the governor.
(2) Whenever the commission receives a complaint
against a judge or justice, or otherwise has reason to believe
that a judge or justice should be admonished, reprimanded,
censured, suspended, removed, or retired, the commission
shall first investigate the complaint or belief and then
conduct initial proceedings for the purpose of determining
whether probable cause exists for conducting a public
hearing or hearings to deal with the complaint or belief. The
investigation and initial proceedings shall be confidential.
Upon beginning an initial proceeding, the commission shall
notify the judge or justice of the existence of and basis for
the initial proceeding.
(3) Whenever the commission concludes, based on an
initial proceeding, that there is probable cause to believe that
a judge or justice has violated a rule of judicial conduct or
that the judge or justice suffers from a disability which is
permanent or likely to become permanent and which
seriously interferes with the performance of judicial duties,
the commission shall conduct a public hearing or hearings
and shall make public all those records of the initial proceeding that provide the basis for its conclusion. If the commission concludes that there is not probable cause, it shall notify
the judge or justice of its conclusion.
(4) Upon the completion of the hearing or hearings, the
commission in open session shall either dismiss the case, or
shall admonish, reprimand, or censure the judge or justice,
or shall censure the judge or justice and recommend to the
supreme court the suspension or removal of the judge or
justice, or shall recommend to the supreme court the
retirement of the judge or justice. The commission may not
recommend suspension or removal unless it censures the
judge or justice for the violation serving as the basis for the
recommendation. The commission may recommend retirement of a judge or justice for a disability which is permanent
or likely to become permanent and which seriously interferes
with the performance of judicial duties.
(5) Upon the recommendation of the commission, the
supreme court may suspend, remove, or retire a judge or
justice. The office of a judge or justice retired or removed
by the supreme court becomes vacant, and that person is
ineligible for judicial office until eligibility is reinstated by
the supreme court. The salary of a removed judge or justice
shall cease. The supreme court shall specify the effect upon
salary when it suspends a judge or justice. The supreme
court may not suspend, remove, or retire a judge or justice
until the commission, after notice and hearing, recommends
(2004 Ed.)
Constitution of the State of Washington
that action be taken, and the supreme court conducts a
hearing, after notice, to review commission proceedings and
findings against the judge or justice.
(6) Within thirty days after the commission admonishes,
reprimands, or censures a judge or justice, the judge or
justice shall have a right of appeal de novo to the supreme
court.
(7) Any matter before the commission or supreme court
may be disposed of by a stipulation entered into in a public
proceeding. The stipulation shall be signed by the judge or
justice and the commission or court. The stipulation may
impose any terms and conditions deemed appropriate by the
commission or court. A stipulation shall set forth all
material facts relating to the proceeding and the conduct of
the judge or justice.
(8) Whenever the commission adopts a recommendation
that a judge or justice be removed, the judge or justice shall
be suspended immediately, with salary, from his or her
judicial position until a final determination is made by the
supreme court.
(9) The legislature shall provide for commissioners’
terms of office and compensation. The commission shall
employ one or more investigative officers with appropriate
professional training and experience. The investigative
officers of the commission shall report directly to the
commission. The commission shall also employ such
administrative or other staff as are necessary to manage the
affairs of the commission.
(10) The commission shall, to the extent that compliance
does not conflict with this section, comply with laws of
general applicability to state agencies with respect to
rule-making procedures, and with respect to public notice of
and attendance at commission proceedings other than initial
proceedings. The commission shall establish rules of
procedure for commission proceedings including due process
and confidentiality of proceedings. [AMENDMENT 85,
1989 Substitute Senate Joint Resolution No. 8202, p 3000.
Approved November 7, 1989.]
Removal by legislature: Art. 4 § 9.
Amendment 77 (1986) — Art. 4 § 31 COMMISSION ON JUDICIAL CONDUCT — REMOVAL, CENSURE, SUSPENSION, OR
RETIREMENT OF JUDGES OR JUSTICES — PROCEEDINGS —
There shall be a commission on judicial conduct consisting of a judge
selected by and from the court of appeals judges, a judge selected by and
from the superior court judges, a judge selected by and from the district
court judges, two persons admitted to the practice of law in this state
selected by the state bar association, and four persons who are not
attorneys appointed by the governor and confirmed by the senate.
The supreme court may censure, suspend, or remove a judge or justice
for violating a rule of judicial conduct and may retire a judge or justice for
disability which is permanent or is likely to become permanent and which
seriously interferes with the performance of judicial duties. The office of
a judge or justice retired or removed by the supreme court becomes vacant,
and that person is ineligible for judicial office until eligibility is reinstated
by the supreme court. The salary of a removed judge or justice shall cease.
The supreme court shall specify the effect upon salary when disciplinary action other than removal is taken. The supreme court may not
discipline or retire a judge or justice until the commission on judicial
conduct recommends after notice and hearing that action be taken and the
supreme court conducts a hearing, after notice, to review commission
proceedings and findings against a judge or justice.
Whenever the commission receives a complaint against a judge or
justice, it shall first conduct proceedings for the purpose of determining
whether sufficient reason exists for conducting a hearing or hearings to
deal with the accusations. These initial proceedings shall be confidential,
unless confidentiality is waived by the judge or justice, but all subsequent
(2004 Ed.)
Article IV § 31
hearings conducted by the commission shall be open to members of the
public.
Whenever the commission adopts a recommendation that a judge or
justice be removed, the judge or justice shall be suspended immediately,
with salary, from his or her judicial position until a final determination is
made by the supreme court.
The legislature shall provide for commissioners’ terms of office and
compensation. The commission shall establish rules of procedure for
commission proceedings including due process and confidentiality of
proceedings. [AMENDMENT 77, 1986 Senate Joint Resolution No. 136, p
1532. Approved November 4, 1986.]
Amendment 71 (1980) — Art. 4 § 31 JUDICIAL QUALIFICATIONS COMMISSION — REMOVAL, CENSURE, SUSPENSION, OR
RETIREMENT OF JUDGES OR JUSTICES — There shall be a judicial
qualifications commission consisting of a judge selected by and from the
court of appeals judges, a judge selected by and from the superior court
judges, a judge selected by and from the district court judges, two persons
admitted to the practice of law in this state selected by the state bar
association, and two persons who are not attorneys appointed by the
governor and confirmed by the senate.
The supreme court may censure, suspend, or remove a judge or justice
for violating a rule of judicial conduct and may retire a judge or justice for
disability which is permanent or is likely to become permanent and which
seriously interferes with the performance of judicial duties. The office of
a judge or justice retired or removed by the supreme court becomes vacant,
and that person is ineligible for judicial office until eligibility is reinstated
by the supreme court. The salary of a removed judge or justice shall cease.
The supreme court shall specify the effect upon salary when disciplinary action other than removal is taken. The supreme court may not
discipline or retire a judge or justice until the judicial qualifications
commission recommends after notice and hearing that action be taken and
the supreme court conducts a hearing, after notice, to review commission
proceedings and findings against a judge or justice.
The legislature shall provide for commissioners’ terms of office and
compensation. The commission shall establish rules of procedure for
commission proceedings including due process and confidentiality of
proceedings. [AMENDMENT 71, 1980 Substitute House Joint Resolution
No. 37, p 652. Approved November 4, 1980.]
Article V
IMPEACHMENT
§ 1 IMPEACHMENT — POWER OF AND PROCEDURE. The house of representatives shall have the sole
power of impeachment. The concurrence of a majority of all
the members shall be necessary to an impeachment. All
impeachments shall be tried by the senate, and, when sitting
for that purpose, the senators shall be upon oath or affirmation to do justice according to law and evidence. When the
governor or lieutenant governor is on trial, the chief justice
of the supreme court shall preside. No person shall be
convicted without a concurrence of two-thirds of the senators
elected.
§ 2 OFFICERS LIABLE TO. The governor and
other state and judicial officers, except judges and justices of
courts not of record, shall be liable to impeachment for high
crimes or misdemeanors, or malfeasance in office, but
judgment in such cases shall extend only to removal from
office and disqualification to hold any office of honor, trust
or profit, in the state. The party, whether convicted or
acquitted, shall, nevertheless, be liable to prosecution, trial,
judgment and punishment according to law.
§ 3 REMOVAL FROM OFFICE. All officers not
liable to impeachment shall be subject to removal for
misconduct or malfeasance in office, in such manner as may
be provided by law.
[Vol. 0 RCW—page 47]
Article VI § 1
Constitution of the State of Washington
Article VI
ELECTIONS AND ELECTIVE RIGHTS
§ 1 QUALIFICATIONS OF ELECTORS. All
persons of the age of eighteen years or over who are citizens
of the United States and who have lived in the state, county,
and precinct thirty days immediately preceding the election
at which they offer to vote, except those disqualified by
Article VI, section 3 of this Constitution, shall be entitled to
vote at all elections. [AMENDMENT 63, 1974 Senate Joint
Resolution No. 143, p 807. Approved November 5, 1974.]
Amendment 5 (1910) — Art. 6 § 1 QUALIFICATIONS OF
ELECTORS — All persons of the age of twenty-one years or over,
possessing the following qualifications, shall be entitled to vote at all
elections: They shall be citizens of the United States; they shall have lived
in the state one year, and in the county ninety days, and in the city, town,
ward or precinct thirty days immediately preceding the election at which
they offer to vote; they shall be able to read and speak the English
language: Provided, That Indians not taxed shall never be allowed the
elective franchise: And further provided, That this amendment shall not
affect the rights of franchise of any person who is now a qualified elector
of this state. The legislative authority shall enact laws defining the manner
of ascertaining the qualifications of voters as to their ability to read and
speak the English language, and providing for punishment of persons voting
or registering in violation of the provision of this section. There shall be
no denial of the elective franchise at any election on account of sex.
[AMENDMENT 5, 1909 p 26 § 1. Approved November, 1910.]
Amendment 2 (1896) — Art. 6 § 1 QUALIFICATIONS OF
VOTERS — All male persons of the age of twenty-one years or over,
possessing the following qualifications, shall be entitled to vote at all
elections: They shall be citizens of the United States; they shall have lived
in the state one year, and in the county ninety days, and in the city, town,
ward or precinct thirty days immediately preceding the election at which
they offer to vote; they shall be able to read and speak the English
language: Provided, That Indians not taxed shall never be allowed the
elective franchise: And further provided, That this amendment shall not
effect [affect] the right of franchise of any person who is now a qualified
elector of this state. The legislature shall enact laws defining the manner
of ascertaining the qualifications of voters as to their ability to read and
speak the English language, and providing for punishment of persons voting
or registering in violation of the provisions of this section. [AMENDMENT
2, 1895 p 60 § 1. Approved November, 1896.]
Original text — Art. 6 § 1 QUALIFICATIONS OF ELECTORS
— All male persons of the age of twenty-one years or over, possessing the
following qualifications, shall be entitled to vote at all elections: They shall
be citizens of the United States; They shall have lived in the state one year,
and in the county ninety days, and in the city, town, ward or precinct thirty
days immediately preceding the election at which they offer to vote;
Provided, that Indians not taxed shall never be allowed the elective
franchise; Provided, further; that all male persons who at the time of the
adoption of this Constitution are qualified electors of the Territory, shall be
electors.
§ 1A VOTER QUALIFICATIONS FOR PRESIDENTIAL ELECTIONS. In consideration of those citizens
of the United States who become residents of the state of
Washington during the year of a presidential election with
the intention of making this state their permanent residence,
this section is for the purpose of authorizing such persons
who can meet all qualifications for voting as set forth in
section 1 of this article, except for residence, to vote for
presidential electors or for the office of President and
Vice-President of the United States, as the case may be, but
no other: Provided, That such persons have resided in the
state at least sixty days immediately preceding the presidential election concerned.
The legislature shall establish the time, manner and
place for such persons to cast such presidential ballots.
[AMENDMENT 46, 1965 ex.s. Substitute House Joint
Resolution No. 4, p 2820. Approved November 8, 1966.]
[Vol. 0 RCW—page 48]
§ 2 SCHOOL ELECTIONS — FRANCHISE,
HOW EXTENDED. [This section stricken by
AMENDMENT 5, see Art. 6 § 1.]
Original text — Art. 6 § 2 SCHOOL ELECTIONS —
FRANCHISE, HOW EXTENDED — The legislature may provide that
there shall be no denial of the elective franchise at any school election on
account of sex.
§ 3 WHO DISQUALIFIED. All persons convicted
of infamous crime unless restored to their civil rights and all
persons while they are judicially declared mentally incompetent are excluded from the elective franchise. [AMENDMENT 83, 1988 House Joint Resolution No. 4231, p 1553.
Approved November 8, 1988.]
Original text — Art. 6 § 3 WHO DISQUALIFIED — All idiots,
insane persons, and persons convicted of infamous crime unless restored to
their civil rights are excluded from the elective franchise.
§ 4 RESIDENCE, CONTINGENCIES AFFECTING. For the purpose of voting and eligibility to office no
person shall be deemed to have gained a residence by reason
of his presence or lost it by reason of his absence, while in
the civil or military service of the state or of the United
States, nor while a student at any institution of learning, nor
while kept at public expense at any poor-house or other
asylum, nor while confined in public prison, nor while
engaged in the navigation of the waters of this state or of the
United States, or of the high seas.
§ 5 VOTER — WHEN PRIVILEGED FROM ARREST. Voters shall in all cases except treason, felony, and
breach of the peace be privileged from arrest during their
attendance at elections and in going to, and returning
therefrom. No elector shall be required to do military duty
on the day of any election except in time of war or public
danger.
§ 6 BALLOT. All elections shall be by ballot. The
legislature shall provide for such method of voting as will
secure to every elector absolute secrecy in preparing and
depositing his ballot.
§ 7 REGISTRATION. The legislature shall enact a
registration law, and shall require a compliance with such
law before any elector shall be allowed to vote; Provided,
that this provision is not compulsory upon the legislature
except as to cities and towns having a population of over
five hundred inhabitants. In all other cases the legislature
may or may not require registration as a pre-requisite to the
right to vote, and the same system of registration need not
be adopted for both classes.
§ 8 ELECTIONS, TIME OF HOLDING. The first
election of county and district officers not otherwise provided for in this Constitution shall be on the Tuesday next after
the first Monday in November 1890, and thereafter all
elections for such officers shall be held bi-ennially on the
Tuesday next succeeding the first Monday in November.
The first election of all state officers not otherwise provided
for in this Constitution, after the election held for the
adoption of this Constitution, shall be on the Tuesday next
after the first Monday in November, 1892, and the elections
for such state officers shall be held in every fourth year
(2004 Ed.)
Constitution of the State of Washington
thereafter on the Tuesday succeeding the first Monday in
November.
Cf. Art. 27 § 14.
Article VII
REVENUE AND TAXATION
§ 1 TAXATION. The power of taxation shall never
be suspended, surrendered or contracted away. All taxes
shall be uniform upon the same class of property within the
territorial limits of the authority levying the tax and shall be
levied and collected for public purposes only. The word
"property" as used herein shall mean and include everything,
whether tangible or intangible, subject to ownership. All
real estate shall constitute one class: Provided, That the
legislature may tax mines and mineral resources and lands
devoted to reforestation by either a yield tax or an ad
valorem tax at such rate as it may fix, or by both. Such
property as the legislature may by general laws provide shall
be exempt from taxation. Property of the United States and
of the state, counties, school districts and other municipal
corporations, and credits secured by property actually taxed
in this state, not exceeding in value the value of such
property, shall be exempt from taxation. The legislature
shall have power, by appropriate legislation, to exempt
personal property to the amount of three thousand
($3,000.00) dollars for each head of a family liable to
assessment and taxation under the provisions of the laws of
this state of which the individual is the actual bona fide
owner. [AMENDMENT 81, 1988 House Joint Resolution
No. 4222, p 1551. Approved November 8, 1988.]
Amendment 14 (1930) — ART. 7 § 1 TAXATION — The power
of taxation shall never be suspended, surrendered or contracted away. All
taxes shall be uniform upon the same class of property within the territorial
limits of the authority levying the tax and shall be levied and collected for
public purposes only. The word "property" as used herein shall mean and
include everything, whether tangible or intangible, subject to ownership.
All real estate shall constitute one class: Provided, That the legislature may
tax mines and mineral resources and lands devoted to reforestation by
either a yield tax or an ad valorem tax at such rate as it may fix, or by
both. Such property as the legislature may by general laws provide shall
be exempt from taxation. Property of the United States and of the state,
counties, school districts and other municipal corporations, and credits
secured by property actually taxed in this state, not exceeding in value the
value of such property, shall be exempt from taxation. The legislature shall
have power, by appropriate legislation, to exempt personal property to the
amount of three hundred ($300.00) dollars for each head of a family liable
to assessment and taxation under the provisions of the laws of this state of
which the individual is the actual bona fide owner. [AMENDMENT 14,
1929 p 499 § 1. Approved November, 1930.]
Reviser’s note: Amendment 14 amended Art. 7 by striking all of §§
1, 2, 3 and 4. Subsequently, Amendment 17 added a new § 2, and
Amendment 19 added a new § 3.
Original text — Art. 7 § 1 ANNUAL STATE TAX — All property
in the state, not exempt under the laws of the United States, or under this
Constitution, shall be taxed in proportion to its value, to be ascertained as
provided by law. The legislature shall provide by law for an annual tax
sufficient, with other sources of revenue to defray the estimated ordinary
expenses of the state for each fiscal year. And for the purpose of paying
the state debt, if there be any, the legislature shall provide for levying a tax
annually, sufficient to pay the annual interest and principal of such debt
within twenty years from the final passage of the law creating the debt.
Amendment 3 (1900) — Art. 7 § 2, was amended by adding the
following proviso: "And provided further, That the legislature shall have
power, by appropriate legislation, to exempt personal property to the
amount of three hundred dollars ($300) for each head of a family liable to
assessment and taxation under the provisions of the laws of this state of
(2004 Ed.)
Article VI § 8
which the individual is the actual and bona fide owner." [AMENDMENT
3, 1899 p 121 § 1. Approved November, 1900.]
Original text — Art. 7 § 2 TAXATION — UNIFORMITY AND
EQUALITY — EXEMPTION — The legislature shall provide by law a
uniform and equal rate of assessment and taxation on all property in the
state, according to its value in money, and shall prescribe such regulations
by general law as shall secure a just valuation for taxation of all property,
so that every person and corporation shall pay a tax in proportion to the
value of his, her, or its property; Provided, that a deduction of debts from
credits may be authorized: Provided, further, that the property of the
United States and of the state, counties, school districts and other municipal
corporations, and such other property as the legislature may by general
laws provide, shall be exempt from taxation.
Original text — Art. 7 § 3 ASSESSMENT OF CORPORATE
PROPERTY — The legislature shall provide by general law for the
assessing and levying of taxes on all corporation property as near as may
be by the same methods as are provided for the assessing and levying of
taxes on individual property.
Original text — Art. 7 § 4 NO SURRENDER OF POWER OR
SUSPENSION OF TAX ON CORPORATE PROPERTY — The power
to tax corporations and corporate property shall not be surrendered or
suspended by any contract or grant to which the state shall be a party.
§ 2 LIMITATION ON LEVIES. Except as
hereinafter provided and notwithstanding any other provision
of this Constitution, the aggregate of all tax levies upon real
and personal property by the state and all taxing districts
now existing or hereafter created, shall not in any year
exceed one percent of the true and fair value of such
property in money: Provided, however, That nothing herein
shall prevent levies at the rates now provided by law by or
for any port or public utility district. The term "taxing
district" for the purposes of this section shall mean any
political subdivision, municipal corporation, district, or other
governmental agency authorized by law to levy, or have
levied for it, ad valorem taxes on property, other than a port
or public utility district. Such aggregate limitation or any
specific limitation imposed by law in conformity therewith
may be exceeded only as follows:
(a) By any taxing district when specifically authorized
so to do by a majority of at least three-fifths of the voters of
the taxing district voting on the proposition to levy such
additional tax submitted not more than twelve months prior
to the date on which the proposed levy is to be made and
not oftener than twice in such twelve month period, either at
a special election or at the regular election of such taxing
district, at which election the number of voters voting "yes"
on the proposition shall constitute three-fifths of a number
equal to forty percent of the total number of voters voting in
such taxing district at the last preceding general election
when the number of voters voting on the proposition does
not exceed forty percent of the total number of voters voting
in such taxing district in the last preceding general election;
or by a majority of at least three-fifths of the voters of the
taxing district voting on the proposition to levy when the
number of voters voting on the proposition exceeds forty
percent of the number of voters voting in such taxing district
in the last preceding general election: Provided, That
notwithstanding any other provision of this Constitution, any
proposition pursuant to this subsection to levy additional tax
for the support of the common schools or fire protection
districts may provide such support for a period of up to four
years and any proposition to levy an additional tax to
[Vol. 0 RCW—page 49]
Article VII § 2
Constitution of the State of Washington
support the construction, modernization, or remodelling of
school facilities or fire facilities may provide such support
for a period not exceeding six years;
(b) By any taxing district otherwise authorized by law
to issue general obligation bonds for capital purposes, for the
sole purpose of making the required payments of principal
and interest on general obligation bonds issued solely for
capital purposes, other than the replacement of equipment,
when authorized so to do by majority of at least three-fifths
of the voters of the taxing district voting on the proposition
to issue such bonds and to pay the principal and interest
thereon by annual tax levies in excess of the limitation
herein provided during the term of such bonds, submitted not
oftener than twice in any calendar year, at an election held
in the manner provided by law for bond elections in such
taxing district, at which election the total number of voters
voting on the proposition shall constitute not less than forty
percent of the total number of voters voting in such taxing
district at the last preceding general election: Provided, That
any such taxing district shall have the right by vote of its
governing body to refund any general obligation bonds of
said district issued for capital purposes only, and to provide
for the interest thereon and amortization thereof by annual
levies in excess of the tax limitation provided for herein,
And provided further, That the provisions of this section
shall also be subject to the limitations contained in Article
VIII, Section 6, of this Constitution;
(c) By the state or any taxing district for the purpose of
preventing the impairment of the obligation of a contract
when ordered so to do by a court of last resort.
[AMENDMENT 95, 2002 House Joint Resolution No. 4220,
p 2203. Approved November 5, 2002.]
Prior amendments of Art. 7 § 2, see Amendments 17, 55, 59, 64, 79,
and 90.
Amendment 90 (1997) — Art. 7. § 2 LIMITATION ON
LEVIES—Except as hereinafter provided and notwithstanding any other
provision of this Constitution, the aggregate of all tax levies upon real and
personal property by the state and all taxing districts now existing or
hereafter created, shall not in any year exceed one percent of the true and
fair value of such property in money: Provided, however, That nothing
herein shall prevent levies at the rates now provided by law by or for any
port or public utility district. The term "taxing district" for the purposes of
this section shall mean any political subdivision, municipal corporation,
district, or other governmental agency authorized by law to levy, or have
levied for it, ad valorem taxes on property, other than a port or public
utility district. Such aggregate limitation or any specific limitation imposed
by law in conformity therewith may be exceeded only as follows:
(a) By any taxing district when specifically authorized so to do by a
majority of at least three-fifths of the voters of the taxing district voting on
the proposition to levy such additional tax submitted not more than twelve
months prior to the date on which the proposed levy is to be made and not
oftener than twice in such twelve month period, either at a special election
or at the regular election of such taxing district, at which election the
number of voters voting "yes" on the proposition shall constitute three-fifths
of a number equal to forty percent of the total number of voters voting in
such taxing district at the last preceding general election when the number
of voters voting on the proposition does not exceed forty percent of the total
number of voters voting in such taxing district in the last preceding general
election; or by a majority of at least three-fifths of the voters of the taxing
district voting on the proposition to levy when the number of voters voting
on the proposition exceeds forty percent of the number of voters voting in
such taxing district in the last preceding general election: Provided, That
notwithstanding any other provision of this Constitution, any proposition
pursuant to this subsection to levy additional tax for the support of the
common schools may provide such support for a period of up to four years
and any proposition to levy an additional tax to support the construction,
modernization, or remodelling of school facilities may provide such support
for a period not exceeding six years;
[Vol. 0 RCW—page 50]
(b) By any taxing district otherwise authorized by law to issue general
obligation bonds for capital purposes, for the sole purpose of making the
required payments of principal and interest on general obligation bonds
issued solely for capital purposes, other than the replacement of equipment,
when authorized so to do by majority of at least three-fifths of the voters of
the taxing district voting on the proposition to issue such bonds and to pay
the principal and interest thereon by annual tax levies in excess of the
limitation herein provided during the term of such bonds, submitted not
oftener than twice in any calendar year, at an election held in the manner
provided by law for bond elections in such taxing district, at which election
the total number of voters voting on the proposition shall constitute not less
than forty percent of the total number of voters voting in such taxing district
at the last preceding general election: Provided, That any such taxing
district shall have the right by vote of its governing body to refund any
general obligation bonds of said district issued for capital purposes only,
and to provide for the interest thereon and amortization thereof by annual
levies in excess of the tax limitation provided for herein, And provided
further, That the provisions of this section shall also be subject to the
limitations contained in Article VIII, Section 6, of this Constitution;
(c) By the state or any taxing district for the purpose of preventing the
impairment of the obligation of a contract when ordered so to do by a court
of last resort. [AMENDMENT 90, 1997 House Joint Resolution No. 4208,
p 3063. Approved November 4, 1997.]
Amendment 79 (1986) — Art. 7 § 2 LIMITATION ON LEVIES
— Except as hereinafter provided and notwithstanding any other provision
of this Constitution, the aggregate of all tax levies upon real and personal
property by the state and all taxing districts now existing or hereafter
created, shall not in any year exceed one per centum of the true and fair
value of such property in money: Provided, however, That nothing herein
shall prevent levies at the rates now provided by law by or for any port or
public utility district. The term "taxing district" for the purposes of this
section shall mean any political subdivision, municipal corporation, district,
or other governmental agency authorized by law to levy, or have levied for
it, ad valorem taxes on property, other than a port or public utility district.
Such aggregate limitation or any specific limitation imposed by law in
conformity therewith may be exceeded only
(a) By any taxing district when specifically authorized so to do by a
majority of at least three-fifths of the electors thereof voting on the
proposition to levy such additional tax submitted not more than twelve
months prior to the date on which the proposed levy is to be made and not
oftener than twice in such twelve month period, either at a special election
or at the regular election of such taxing district, at which election the
number of persons voting "yes" on the proposition shall constitute
three-fifths of a number equal to forty per centum of the total votes cast in
such taxing district at the last preceding general election when the number
of electors voting on the proposition does not exceed forty per centum of the
total votes cast in such taxing district in the last preceding general election;
or by a majority of at least three-fifths of the electors thereof voting on the
proposition to levy when the number of electors voting on the proposition
exceeds forty percentum of the total votes cast in such taxing district in the
last preceding general election: Provided, That notwithstanding any other
provision of this Constitution, any proposition pursuant to this subsection
to levy additional tax for the support of the common schools may provide
such support for a two year period and any proposition to levy an
additional tax to support the construction, modernization, or remodelling of
school facilities may provide such support for a period not exceeding six
years;
(b) By any taxing district otherwise authorized by law to issue general
obligation bonds for capital purposes, for the sole purpose of making the
required payments of principal and interest on general obligation bonds
issued solely for capital purposes, other than the replacement of equipment,
when authorized so to do by majority of at least three-fifths of the electors
thereof voting on the proposition to issue such bonds and to pay the
principal and interest thereon by an annual tax levy in excess of the
limitation herein provided during the term of such bonds, submitted not
oftener than twice in any calendar year, at an election held in the manner
provided by law for bond elections in such taxing district, at which election
the total number of persons voting on the proposition shall constitute not
less than forty per centum of the total number of votes cast in such taxing
district at the last preceding general election: Provided, That any such
taxing district shall have the right by vote of its governing body to refund
any general obligation bonds of said district issued for capital purposes
only, and to provide for the interest thereon and amortization thereof by
annual levies in excess of the tax limitation provided for herein, And
provided further, That the provisions of this section shall also be subject to
the limitations contained in Article VIII, Section 6, of this Constitution;
(2004 Ed.)
Constitution of the State of Washington
(c) By the state or any taxing district for the purpose of paying the
principal or interest on general obligation bonds outstanding on December
6, 1934; or for the purpose of preventing the impairment of the obligation
of a contract when ordered so to do by a court of last resort.
[AMENDMENT 79, 1986 House Joint Resolution No. 55, p 1530.
Approved November 4, 1986.]
Amendment 64 (1976) — Art. 7 § 2 LIMITATION ON LEVIES
— Except as hereinafter provided and notwithstanding any other provision
of this Constitution, the aggregate of all tax levies upon real and personal
property by the state and all taxing districts now existing or hereafter
created, shall not in any year exceed one per centum of the true and fair
value of such property in money: Provided, however, That nothing herein
shall prevent levies at the rates now provided by law by or for any port or
public utility district. The term "taxing district" for the purposes of this
section shall mean any political subdivision, municipal corporation, district,
or other governmental agency authorized by law to levy, or have levied for
it, ad valorem taxes on property, other than a port or public utility district.
Such aggregate limitation or any specific limitation imposed by law in
conformity therewith may be exceeded only
(a) By any taxing district when specifically authorized so to do by a
majority of at least three-fifths of the electors thereof voting on the
proposition to levy such additional tax submitted not more than twelve
months prior to the date on which the proposed levy is to be made and not
oftener than twice in such twelve month period, either at a special election
or at the regular election of such taxing district, at which election the
number of persons voting "yes" on the proposition shall constitute
three-fifths of a number equal to forty per centum of the total votes cast in
such taxing district at the last preceding general election when the number
of electors voting on the proposition does not exceed forty per centum of the
total votes cast in such taxing district in the last preceding general election;
or by a majority of at least three-fifths of the electors thereof voting on the
proposition to levy when the number of electors voting on the proposition
exceeds forty percentum of the total votes cast in such taxing district in the
last preceding general election: Provided, That notwithstanding any other
provision of this Constitution, any proposition pursuant to this subsection
to levy additional tax for the support of the common schools may provide
such support for a two year period;
(b) By any taxing district otherwise authorized by law to issue general
obligation bonds for capital purposes, for the sole purpose of making the
required payments of principal and interest on general obligation bonds
issued solely for capital purposes, other than the replacement of equipment,
when authorized so to do by majority of at least three-fifths of the electors
thereof voting on the proposition to issue such bonds and to pay the
principal and interest thereon by an annual tax levy in excess of the
limitation herein provided during the term of such bonds, submitted not
oftener than twice in any calendar year, at an election held in the manner
provided by law for bond elections in such taxing district, at which election
the total number of persons voting on the proposition shall constitute not
less than forty per centum of the total number of votes cast in such taxing
district at the last preceding general election: Provided, That any such
taxing district shall have the right by vote of its governing body to refund
any general obligation bonds of said district issued for capital purposes
only, and to provide for the interest thereon and amortization thereof by
annual levies in excess of the tax limitation provided for herein, And
provided further, That the provisions of this section shall also be subject to
the limitations contained in Article VIII, Section 6, of this Constitution;
(c) By the state or any taxing district for the purpose of paying the
principal or interest on general obligation bonds outstanding on December
6, 1934; or for the purpose of preventing the impairment of the obligation
of a contract when ordered so to do by a court of last resort. [AMENDMENT 64, 1975-’76 2nd ex.s. Senate Joint Resolution No. 137, p 518.
Approved November 2, 1976.]
Amendment 59 (1972) and Amendment 55 (1972) — Art. 7 § 2
LIMITATION ON LEVIES — Except as hereinafter provided and
notwithstanding any other provision of this Constitution, the aggregate of
all tax levies upon real and personal property by the state and all taxing
districts now existing or hereafter created, shall not in any year exceed one
per centum of the true and fair value of such property in money: Provided,
however, That nothing herein shall prevent levies at the rates now provided
by law by or for any port or public utility district. The term "taxing
district" for the purposes of this section shall mean any political subdivision, municipal corporation, district, or other governmental agency
authorized by law to levy, or have levied for it, ad valorem taxes on
property, other than a port or public utility district. Such aggregate
limitation or any specific limitation imposed by law in conformity therewith
may be exceeded only
(2004 Ed.)
Article VII § 2
(a) By any taxing district when specifically authorized so to do by a
majority of at least three-fifths of the electors thereof voting on the
proposition to levy such additional tax submitted not more than twelve
months prior to the date on which the proposed levy is to be made and not
oftener than twice in such twelve month period, either at a special election
or at the regular election of such taxing district, at which election the
number of persons voting "yes" on the proposition shall constitute
three-fifths of a number equal to forty per centum of the total votes cast in
such taxing district at the last preceding general election when the number
of electors voting on the proposition does not exceed forty per centum of the
total votes cast in such taxing district in the last preceding general election;
or by a majority of at least three-fifths of the electors thereof voting on the
proposition to levy when the number of electors voting on the proposition
exceeds forty percentum of the total votes cast in such taxing district in the
last preceding general election;
(b) By any taxing district otherwise authorized by law to issue general
obligation bonds for capital purposes, for the sole purpose of making the
required payments of principal and interest on general obligation bonds
issued solely for capital purposes, other than the replacement of equipment,
when authorized so to do by majority of at least three-fifths of the electors
thereof voting on the proposition to issue such bonds and to pay the
principal and interest thereon by an annual tax levy in excess of the
limitation herein provided during the term of such bonds, submitted not
oftener than twice in any calendar year, at an election held in the manner
provided by law for bond elections in such taxing district, at which election
the total number of persons voting on the proposition shall constitute not
less than forty per centum of the total number of votes cast in such taxing
district at the last preceding general election: Provided, That any such
taxing district shall have the right by vote of its governing body to refund
any general obligation bonds of said district issued for capital purposes
only, and to provide for the interest thereon and amortization thereof by
annual levies in excess of the tax limitation provided for herein, And
provided further, That the provisions of this section shall also be subject to
the limitations contained in Article VIII, Section 6, of this Constitution;
(c) By the state or any taxing district for the purpose of paying the
principal or interest on general obligation bonds outstanding on December
6, 1934; or for the purpose of preventing the impairment of the obligation
of a contract when ordered so to do by a court of last resort. [(i) AMENDMENT 59, 1971 House Joint Resolution No. 47, p 1834. Approved
November, 1972. (ii) AMENDMENT 55, 1971 Senate Joint Resolution No.
1, p 1827. Approved November, 1972.]
Reviser’s note: Article 7 § 2 was twice amended in different respects
at the November 1972 general election by the ratification of both S.J.R. No.
1. (AMENDMENT 55) and H.J.R. No. 47. (AMENDMENT 59.) 1971
HJR No. 47 contained the following paragraph:
"Be It Further Resolved, That the foregoing amendment shall be
submitted to the qualified electors of the state in such a manner that they
may vote for or against it separately from the proposed amendment to
Article VII, section 2, (Amendment 17) of the Constitution of the State of
Washington contained in Senate Joint Resolution No. 1: Provided, That if
both proposed amendments are approved and ratified, both shall become
part of the Constitution" [1971 House Joint Resolution No. 47, part, p
1834]
The section as printed above reflects the content of both amendments.
Amendment 17 (1944) — Art. 7 § 2 FORTY MILL LIMIT —
Except as hereinafter provided and notwithstanding any other provision of
this Constitution, the aggregate of all tax levies upon real and personal
property by the state and all taxing districts now existing or hereafter
created, shall not in any year exceed forty mills on the dollar of assessed
valuation, which assessed valuation shall be fifty per centum of the true and
fair value of such property in money: Provided, however, That nothing
herein shall prevent levies at the rates now provided by law by or for any
port or public utility district. The term "taxing district" for the purposes of
this section shall mean any political subdivision, municipal corporation,
district, or other governmental agency authorized by law to levy, or have
levied for it, ad valorem taxes on property, other than a port or public
utility district. Such aggregate limitation or any specific limitation imposed
by law in conformity therewith may be exceeded only
(a) By any taxing district when specifically authorized so to do by a
majority of at least three-fifths of the electors thereof voting on the
proposition to levy such additional tax submitted not more than twelve
months prior to the date on which the proposed levy is to be made and not
oftener than twice in such twelve month period, either at a special election
or at the regular election of such taxing district, at which election the
number of persons voting on the proposition shall constitute not less than
[Vol. 0 RCW—page 51]
Article VII § 2
Constitution of the State of Washington
forty per centum of the total number of votes cast in such taxing district at
the last preceding general election;
(b) By any taxing district otherwise authorized by law to issue general
obligation bonds for capital purposes, for the sole purpose of making the
required payments of principal and interest on general obligation bonds
issued solely for capital purposes, other than the replacement of equipment,
when authorized so to do by majority of at least three-fifths of the electors
thereof voting on the proposition to issue such bonds and to pay the
principal and interest thereon by an annual tax levy in excess of the
limitation herein provided during the term of such bonds, submitted not
oftener than twice in any calendar year, at an election held in the manner
provided by law for bond elections in such taxing district, at which election
the total number of persons voting on the proposition shall constitute not
less than forty per centum of the total number of votes cast in such taxing
district at the last preceding general election: Provided, That any such
taxing district shall have the right by vote of its governing body to refund
any general obligation bonds of said district issued for capital purposes
only, and to provide for the interest thereon and amortization thereof by
annual levies in excess of the tax limitation provided for herein, and
Provided further, That the provisions of this section shall also be subject to
the limitations contained in Article VIII, Section 6, of this Constitution;
(c) By the state or any taxing district for the purpose of paying the
principal or interest on general obligation bonds outstanding on December
6, 1934; or for the purpose of preventing the impairment of the obligation
of a contract when ordered so to do by a court of last resort. [AMENDMENT 17, 1943 House Joint Resolution No. 1, p 936. Approved November, 1944.]
Reviser’s note: Original section 2, as amended by Amendment 3,
was stricken by Amendment 14. The original section and Amendment 3,
are set out following Art. 7, § 1, above.
§ 3 TAXATION OF FEDERAL AGENCIES AND
PROPERTY. The United States and its agencies and
instrumentalities, and their property, may be taxed under any
of the tax laws of this state, whenever and in such manner
as such taxation may be authorized or permitted under the
laws of the United States, notwithstanding anything to the
contrary in the Constitution of this state. [AMENDMENT
19, 1945 House Joint Resolution No. 9, p 932. Approved
November, 1946.]
Reviser’s note: Original section 3 was stricken by Amendment 14.
The original section is set out following Art. 7 § 1, above.
§ 4 NO SURRENDER OF POWER OR SUSPENSION OF TAX ON CORPORATE PROPERTY.
Reviser’s note: Original section 4 was stricken by Amendment 14.
It is set out following Art. 7 § 1, above.
§ 5 TAXES, HOW LEVIED. No tax shall be levied
except in pursuance of law; and every law imposing a tax
shall state distinctly the object of the same to which only it
shall be applied.
§ 6 TAXES, HOW PAID. All taxes levied and
collected for state purposes shall be paid in money only into
the state treasury.
§ 7 ANNUAL STATEMENT. An accurate statement
of the receipts and expenditures of the public moneys shall
be published annually in such manner as the legislature may
provide.
§ 8 TAX TO COVER DEFICIENCIES. Whenever
the expenses of any fiscal year shall exceed the income, the
legislature may provide for levying a tax for the ensuing
fiscal year, sufficient, with other sources of income, to pay
the deficiency, as well as the estimated expenses of the
ensuing fiscal year.
[Vol. 0 RCW—page 52]
§ 9 SPECIAL ASSESSMENTS OR TAXATION
FOR LOCAL IMPROVEMENTS. The legislature may
vest the corporate authorities of cities, towns and villages
with power to make local improvements by special assessment, or by special taxation of property benefited. For all
corporate purposes, all municipal corporations may be vested
with authority to assess and collect taxes and such taxes
shall be uniform in respect to persons and property within
the jurisdiction of the body levying the same.
§ 10 RETIRED PERSONS PROPERTY TAX
EXEMPTION. Notwithstanding the provisions of Article
7, section 1 (Amendment 14) and Article 7, section 2
(Amendment 17), the following tax exemption shall be
allowed as to real property:
The legislature shall have the power, by appropriate
legislation, to grant to retired property owners relief from the
property tax on the real property occupied as a residence by
those owners. The legislature may place such restrictions
and conditions upon the granting of such relief as it shall
deem proper. Such restrictions and conditions may include,
but are not limited to, the limiting of the relief to those
property owners below a specific level of income and those
fulfilling certain minimum residential requirements.
[AMENDMENT 47, 1965 ex.s. House Joint Resolution No.
7, p 2821. Approved November 8, 1966.]
§ 11 TAXATION BASED ON ACTUAL USE.
Nothing in this Article VII as amended shall prevent the
legislature from providing, subject to such conditions as it
may enact, that the true and fair value in money (a) of
farms, agricultural lands, standing timber and timberlands,
and (b) of other open space lands which are used for
recreation or for enjoyment of their scenic or natural beauty
shall be based on the use to which such property is currently
applied, and such values shall be used in computing the
assessed valuation of such property in the same manner as
the assessed valuation is computed for all property.
[AMENDMENT 53, 1967 House Joint Resolution No. 1;
see 1969 p 2976. Approved November 5, 1968.]
Article VIII
STATE, COUNTY, AND MUNICIPAL
INDEBTEDNESS
§ 1 STATE DEBT. (a) The state may contract debt,
the principal of which shall be paid and discharged within
thirty years from the time of contracting thereof, in the
manner set forth herein.
(b) The aggregate debt contracted by the state shall not
exceed that amount for which payments of principal and
interest in any fiscal year would require the state to expend
more than nine percent of the arithmetic mean of its general
state revenues for the three immediately preceding fiscal
years as certified by the treasurer. The term "fiscal year"
means that period of time commencing July 1 of any year
and ending on June 30 of the following year.
(c) The term "general state revenues" when used in this
section, shall include all state money received in the treasury
from each and every source whatsoever except: (1) Fees and
revenues derived from the ownership or operation of any
undertaking, facility, or project; (2) Moneys received as
(2004 Ed.)
Constitution of the State of Washington
gifts, grants, donations, aid, or assistance or otherwise from
the United States or any department, bureau, or corporation
thereof, or any person, firm, or corporation, public or
private, when the terms and conditions of such gift, grant,
donation, aid, or assistance require the application and
disbursement of such moneys otherwise than for the general
purposes of the state of Washington; (3) Moneys to be paid
into and received from retirement system funds, and
performance bonds and deposits; (4) Moneys to be paid into
and received from trust funds including but not limited to
moneys received from taxes levied for specific purposes and
the several permanent and irreducible funds of the state and
the moneys derived therefrom but excluding bond
redemption funds; (5) Proceeds received from the sale of
bonds or other evidences of indebtedness.
(d) In computing the amount required for payment of
principal and interest on outstanding debt under this section,
debt shall be construed to mean borrowed money represented
by bonds, notes, or other evidences of indebtedness which
are secured by the full faith and credit of the state or are
required to be repaid, directly or indirectly, from general
state revenues and which are incurred by the state, any
department, authority, public corporation, or quasi public
corporation of the state, any state university or college, or
any other public agency created by the state but not by
counties, cities, towns, school districts, or other municipal
corporations, but shall not include obligations for the
payment of current expenses of state government, nor shall
it include debt hereafter incurred pursuant to section 3 of this
article, obligations guaranteed as provided for in subsection
(g) of this section, principal of bond anticipation notes or
obligations issued to fund or refund the indebtedness of the
Washington state building authority.
(e) The state may pledge the full faith, credit, and taxing
power of the state to guarantee the voter approved general
obligation debt of school districts in the manner authorized
by the legislature. Any such guarantee does not remove the
debt obligation of the school district and is not state debt.
(f) The state may, without limitation, fund or refund, at
or prior to maturity, the whole or any part of any existing
debt or of any debt hereafter contracted pursuant to section
1, section 2, or section 3 of this article, including any
premium payable with respect thereto and interest thereon,
or fund or refund, at or prior to maturity, the whole or any
part of any indebtedness incurred or authorized prior to the
effective date of this amendment by any entity of the type
described in subsection (h) of this section, including any
premium payable with respect thereto and any interest
thereon. Such funding or refunding shall not be deemed to
be contracting debt by the state.
(g) Notwithstanding the limitation contained in
subsection (b) of this section, the state may pledge its full
faith, credit, and taxing power to guarantee the payment of
any obligation payable from revenues received from any of
the following sources: (1) Fees collected by the state as
license fees for motor vehicles; (2) Excise taxes collected by
the state on the sale, distribution or use of motor vehicle
fuel; and (3) Interest on the permanent common school fund:
Provided, That the legislature shall, at all times, provide
sufficient revenues from such sources to pay the principal
and interest due on all obligations for which said source of
revenue is pledged.
(2004 Ed.)
Article VIII § 1
(h) No money shall be paid from funds in custody of
the treasurer with respect to any debt contracted after the
effective date of this amendment by the Washington state
building authority, the capitol committee, or any similar
entity existing or operating for similar purposes pursuant to
which such entity undertakes to finance or provide a facility
for use or occupancy by the state or any agency, department,
or instrumentality thereof.
(i) The legislature shall prescribe all matters relating to
the contracting, funding or refunding of debt pursuant to this
section, including: The purposes for which debt may be
contracted; by a favorable vote of three-fifths of the
members elected to each house, the amount of debt which
may be contracted for any class of such purposes; the kinds
of notes, bonds, or other evidences of debt which may be
issued by the state; and the manner by which the treasurer
shall determine and advise the legislature, any appropriate
agency, officer, or instrumentality of the state as to the
available debt capacity within the limitation set forth in this
section. The legislature may delegate to any state officer,
agency, or instrumentality any of its powers relating to the
contracting, funding or refunding of debt pursuant to this
section except its power to determine the amount and
purposes for which debt may be contracted.
(j) The full faith, credit, and taxing power of the state
of Washington are pledged to the payment of the debt
created on behalf of the state pursuant to this section and the
legislature shall provide by appropriation for the payment of
the interest upon and installments of principal of all such
debt as the same falls due, but in any event, any court of
record may compel such payment.
(k) Notwithstanding the limitations contained in
subsection (b) of this section, the state may issue certificates
of indebtedness in such sum or sums as may be necessary to
meet temporary deficiencies of the treasury, to preserve the
best interests of the state in the conduct of the various state
institutions, departments, bureaus, and agencies during each
fiscal year; such certificates may be issued only to provide
for appropriations already made by the legislature and such
certificates must be retired and the debt discharged other
than by refunding within twelve months after the date of
incurrence.
(l) Bonds, notes, or other obligations issued and sold by
the state of Washington pursuant to and in conformity with
this article shall not be invalid for any irregularity or defect
in the proceedings of the issuance or sale thereof and shall
be incontestable in the hands of a bona fide purchaser or
holder thereof. [AMENDMENT 92, 1999 Senate Joint
Resolution No. 8206, p 2387. Approved November 2,
1999.]
Amendment 60, part, (1972) - Art. 8 Section 1 STATE DEBT - (a)
The state may contract debt, the principal of which shall be paid and
discharged within thirty years from the time of contracting thereof, in the
manner set forth herein.
(b) The aggregate debt contracted by the state shall not exceed that
amount for which payments of principal and interest in any fiscal year
would require the state to expend more than nine percent of the arithmetic
mean of its general state revenues for the three immediately preceding fiscal
years as certified by the treasurer. The term "fiscal year" means that
period of time commencing July 1 of any year and ending on June 30 of the
following year.
(c) The term "general state revenues" when used in this section, shall
include all state money received in the treasury from each and every source
whatsoever except: (1) Fees and revenues derived from the ownership or
operation of any undertaking, facility, or project; (2) Moneys received as
[Vol. 0 RCW—page 53]
Article VIII § 1
Constitution of the State of Washington
gifts, grants, donations, aid, or assistance or otherwise from the United
States or any department, bureau, or corporation thereof, or any person,
firm, or corporation, public or private, when the terms and conditions of
such gift, grant, donation, aid, or assistance require the application and
disbursement of such moneys otherwise than for the general purposes of the
state of Washington; (3) Moneys to be paid into and received from
retirement system funds, and performance bonds and deposits; (4) Moneys
to be paid into and received from trust funds including but not limited to
moneys received from taxes levied for specific purposes and the several
permanent and irreducible funds of the state and the moneys derived
therefrom but excluding bond redemption funds; (5) Proceeds received from
the sale of bonds or other evidences of indebtedness.
(d) In computing the amount required for payment of principal and
interest on outstanding debt under this section, debt shall be construed to
mean borrowed money represented by bonds, notes, or other evidences of
indebtedness which are secured by the full faith and credit of the state or
are required to be repaid, directly or indirectly, from general state revenues
and which are incurred by the state, any department, authority, public
corporation, or quasi public corporation of the state, any state university
or college, or any other public agency created by the state but not by
counties, cities, towns, school districts, or other municipal corporations, but
shall not include obligations for the payment of current expenses of state
government, nor shall it include debt hereafter incurred pursuant to section
3 of this article, obligations guaranteed as provided for in subsection (f) of
this section, principal of bond anticipation notes or obligations issued to
fund or refund the indebtedness of the Washington state building authority.
(e) The state may, without limitation, fund or refund, at or prior to
maturity, the whole or any part of any existing debt or of any debt hereafter
contracted pursuant to section 1, section 2, or section 3 of this article,
including any premium payable with respect thereto and interest thereon,
or fund or refund, at or prior to maturity, the whole or any part of any
indebtedness incurred or authorized prior to the effective date of this
amendment by any entity of the type described in subsection (g) of this
section, including any premium payable with respect thereto and any
interest thereon. Such funding or refunding shall not be deemed to be
contracting debt by the state.
(f) Notwithstanding the limitation contained in subsection (b) of this
section, the state may pledge its full faith, credit, and taxing power to
guarantee the payment of any obligation payable from revenues received
from any of the following sources: (1) Fees collected by the state as
license fees for motor vehicles; (2) Excise taxes collected by the state on
the sale, distribution or use of motor vehicle fuel; and (3) Interest on the
permanent common school fund: Provided, That the legislature shall, at all
times, provide sufficient revenues from such sources to pay the principal
and interest due on all obligations for which said source of revenue is
pledged.
(g) No money shall be paid from funds in custody of the treasurer
with respect to any debt contracted after the effective date of this
amendment by the Washington state building authority, the capitol
committee, or any similar entity existing or operating for similar purposes
pursuant to which such entity undertakes to finance or provide a facility for
use or occupancy by the state or any agency, department, or instrumentality
thereof.
(h) The legislature shall prescribe all matters relating to the
contracting, funding or refunding of debt pursuant to this section, including:
The purposes for which debt may be contracted; by a favorable vote of
three-fifths of the members elected to each house, the amount of debt which
may be contracted for any class of such purposes; the kinds of notes, bonds,
or other evidences of debt which may be issued by the state; and the
manner by which the treasurer shall determine and advise the legislature,
any appropriate agency, officer, or instrumentality of the state as to the
available debt capacity within the limitation set forth in this section. The
legislature may delegate to any state officer, agency, or instrumentality any
of its powers relating to the contracting, funding or refunding of debt
pursuant to this section except its power to determine the amount and
purposes for which debt may be contracted.
(i) The full faith, credit, and taxing power of the state of Washington
are pledged to the payment of the debt created on behalf of the state
pursuant to this section and the legislature shall provide by appropriation
for the payment of the interest upon and installments of principal of all such
debt as the same falls due, but in any event, any court of record may
compel such payment.
(j) Notwithstanding the limitations contained in subsection (b) of this
section, the state may issue certificates of indebtedness in such sum or sums
as may be necessary to meet temporary deficiencies of the treasury, to
preserve the best interests of the state in the conduct of the various state
institutions, departments, bureaus, and agencies during each fiscal year;
[Vol. 0 RCW—page 54]
such certificates may be issued only to provide for appropriations already
made by the legislature and such certificates must be retired and the debt
discharged other than by refunding within twelve months after the date of
incurrence.
(k) Bonds, notes, or other obligations issued and sold by the state of
Washington pursuant to and in conformity with this article shall not be
invalid for any irregularity or defect in the proceedings of the issuance or
sale thereof and shall be incontestable in the hands of a bona fide
purchaser or holder thereof. [AMENDMENT 60, part, 1971 House Joint
Resolution No. 52, part, p 1836. Approved November, 1972.]
Original text — Art. 8 § 1 LIMITATION OF STATE DEBT —
The state may to meet casual deficits or failure in revenues, or for expenses
not provided for, contract debts, but such debts, direct and contingent,
singly or in the aggregate, shall not at any time exceed four hundred
thousand dollars ($400,000), and the moneys arising from the loans
creating such debts shall be applied to the purpose for which they were
obtained or to repay the debts so contracted, and to no other purpose
whatever.
§ 2 POWERS EXTENDED IN CERTAIN CASES.
In addition to the above limited power to contract debts the
state may contract debts to repel invasion, suppress insurrection, or to defend the state in war, but the money arising
from the contracting of such debts shall be applied to the
purpose for which it was raised and to no other purpose
whatever.
§ 3 SPECIAL INDEBTEDNESS, HOW AUTHORIZED. Except the debt specified in sections one and two
of this article, no debts shall hereafter be contracted by, or
on behalf of this state, unless such debt shall be authorized
by law for some single work or object to be distinctly
specified therein. No such law shall take effect until it shall,
at a general election, or a special election called for that
purpose, have been submitted to the people and have
received a majority of all the votes cast for and against it at
such election. [AMENDMENT 60, part, 1971 House Joint
Resolution No. 52, part, p 1836. Approved November,
1972.]
Amendment 48 (1966) — Art. 8 § 3 SPECIAL INDEBTEDNESS,
HOW AUTHORIZED — Except the debt specified in sections one and
two of this article, no debts shall hereafter be contracted by, or on behalf
of this state, unless such debt shall be authorized by law for some single
work or object to be distinctly specified therein, which law shall provide
ways and means, exclusive of loans, for the payment of the interest on such
debt as it falls due, and also to pay and discharge the principal of such
debt within twenty years from the time of the contracting thereof. No such
law shall take effect until it shall, at a general election, have been submitted
to the people and have received a majority of all the votes cast for and
against it at such election, and all moneys raised by authority of such law
shall be applied only to the specific object therein stated, or to the payment
of the debt thereby created, and notice that such law will be submitted to
the people shall be published at least four times during the four weeks next
preceding the election in every legal newspaper in the state: Provided, That
failure of any newspaper to publish this notice shall not be interpreted as
affecting the outcome of the election. [AMENDMENT 48, 1965 ex.s. House
Joint Resolution No. 39, p 2822. Approved November 8, 1966.]
Original text — Art. 8 § 3 SPECIAL INDEBTEDNESS HOW
AUTHORIZED — Except the debt specified in sections one and two of
this article, no debts shall hereafter be contracted by, or on behalf of this
state, unless such debt shall be authorized by law for some single work or
object to be distinctly specified therein, which law shall provide ways and
means, exclusive of loans, for the payment of the interest on such debt as
it falls due, and also to pay and discharge the principal of such debt within
twenty years from the time of the contracting thereof. No such law shall
take effect until it shall, at a general election, have been submitted to the
people and have received a majority of all the votes cast for and against it
at such election, and all moneys raised by authority of such law shall be
applied only to the specific object therein stated, or to the payment of the
debt thereby created, and such law shall be published in at least one
newspaper in each county, if one be published therein, throughout the state,
(2004 Ed.)
Constitution of the State of Washington
for three months next preceding the election at which it is submitted to the
people.
§ 4 MONEYS DISBURSED ONLY BY APPROPRIATIONS. No moneys shall ever be paid out of the
treasury of this state, or any of its funds, or any of the funds
under its management, except in pursuance of an appropriation by law; nor unless such payment be made within one
calendar month after the end of the next ensuing fiscal
biennium, and every such law making a new appropriation,
or continuing or reviving an appropriation, shall distinctly
specify the sum appropriated, and the object to which it is to
be applied, and it shall not be sufficient for such law to refer
to any other law to fix such sum. [AMENDMENT 11, 1921
p 80 § 1. Approved November, 1922.]
Original text — Art. 8 § 4 MONEYS DISBURSED ONLY BY
APPROPRIATIONS — No moneys shall ever be paid out of the treasury
of this state, or any of its funds, or any of the funds under its management,
except in pursuance of an appropriation by law; nor unless such payment
be made within two years from the first day of May next after the passage
of such appropriation act, and every such law making a new appropriation,
or continuing or reviving an appropriation, shall distinctly specify the sum
appropriated, and the object to which it is to be applied, and it shall not be
sufficient for such law to refer to any other law to fix such sum.
§ 5 CREDIT NOT TO BE LOANED. The credit of
the state shall not, in any manner be given or loaned to, or
in aid of, any individual, association, company or corporation.
§ 6 LIMITATIONS UPON MUNICIPAL INDEBTEDNESS. No county, city, town, school district, or other
municipal corporation shall for any purpose become indebted
in any manner to an amount exceeding one and one-half per
centum of the taxable property in such county, city, town,
school district, or other municipal corporation, without the
assent of three-fifths of the voters therein voting at an
election to be held for that purpose, nor in cases requiring
such assent shall the total indebtedness at any time exceed
five per centum on the value of the taxable property therein,
to be ascertained by the last assessment for state and county
purposes previous to the incurring of such indebtedness,
except that in incorporated cities the assessment shall be
taken from the last assessment for city purposes: Provided,
That no part of the indebtedness allowed in this section shall
be incurred for any purpose other than strictly county, city,
town, school district, or other municipal purposes: Provided
further, That (a) any city or town, with such assent, may be
allowed to become indebted to a larger amount, but not
exceeding five per centum additional for supplying such city
or town with water, artificial light, and sewers, when the
works for supplying such water, light, and sewers shall be
owned and controlled by the municipality and (b) any school
district with such assent, may be allowed to become indebted
to a larger amount but not exceeding five per centum
additional for capital outlays. [AMENDMENT 27, 1951
House Joint Resolution No. 8, p 961. Approved November
4, 1952.]
Provisions of Art. 7 § 2 (Limitation on Levies) also subject to limitations
contained in Art. 8 § 6: Art. 7 § 2 (b).
Original text — Art. 8 § 6 LIMITATIONS UPON MUNICIPAL
INDEBTEDNESS — No county, city, town, school district or other
municipal corporation, shall for any purpose become indebted in any
manner to an amount exceeding one and one-half percentum of the taxable
property in such county, city, town, school district or other municipal
(2004 Ed.)
Article VIII § 3
corporation, without the assent of three-fifths of the voters therein, voting
at an election to be held for that purpose, nor in cases requiring such
assent shall the total indebtedness at any time exceed five per centum on the
value of the taxable property therein, to be ascertained by the last
assessment for state, and county purposes previous to the incurring of such
indebtedness; except that in incorporated cities the assessment shall be
taken from the last assessment for city purposes; Provided, That no part of
the indebtedness allowed in this section, shall be incurred for any purpose
other than strictly county, city, town, school district, or other municipal
purposes. Provided further; that any city or town, with such assent may be
allowed to become indebted to a larger amount but not exceeding five per
centum additional for supplying such city or town with water, artificial
light, and sewers, when the works for supplying such water, light, and
sewers shall be owned and controlled by the municipality.
§ 7 CREDIT NOT TO BE LOANED. No county,
city, town or other municipal corporation shall hereafter give
any money, or property, or loan its money, or credit to or in
aid of any individual, association, company or corporation,
except for the necessary support of the poor and infirm, or
become directly or indirectly the owner of any stock in or
bonds of any association, company or corporation.
§ 8 PORT EXPENDITURES — INDUSTRIAL
DEVELOPMENT — PROMOTION. The use of public
funds by port districts in such manner as may be prescribed
by the legislature for industrial development or trade
promotion and promotional hosting shall be deemed a public
use for a public purpose, and shall not be deemed a gift
within the provisions of section 7 of this Article. [AMENDMENT 45, 1965 ex.s. Senate Joint Resolution No. 25, p
2819. Approved November 8, 1966.]
§ 9 STATE BUILDING AUTHORITY. The legislature is empowered notwithstanding any other provision in
this Constitution, to provide for a state building authority in
corporate and politic form which may contract with agencies
or departments of the state government to construct upon
land owned by the state or its agencies, or to be acquired by
the state building authority, buildings and appurtenant
improvements which such state agencies or departments are
hereby empowered to lease at reasonable rental rates from
the Washington state building authority for terms up to
seventy-five years with provisions for eventual vesting of
title in the state or its agencies. This section shall not be
construed as authority to provide buildings through lease or
otherwise to nongovernmental entities. The legislature may
authorize the state building authority to borrow funds solely
upon its own credit and to issue bonds or other evidences of
indebtedness therefor to be repaid from its revenues and to
secure the same by pledging its income or mortgaging its
leaseholds. The provisions of sections 1 and 3 of this article
shall not apply to indebtedness incurred pursuant to this
section. [AMENDMENT 51, 1967 Senate Joint Resolution
No. 17; see 1969 p 2976. Approved November 5, 1968.]
Reviser’s note: This section which was adopted as Sec. 8, is herein
renumbered Sec. 9, to avoid confusion with Sec. 8, supra.
§ 10 ENERGY, WATER, OR STORMWATER
OR SEWER SERVICES CONSERVATION
ASSISTANCE. Notwithstanding the provisions of section
7 of this Article, any county, city, town, quasi municipal
corporation, municipal corporation, or political subdivision
of the state which is engaged in the sale or distribution of
water, energy, or stormwater or sewer services may, as
[Vol. 0 RCW—page 55]
Article VIII § 10
Constitution of the State of Washington
authorized by the legislature, use public moneys or credit
derived from operating revenues from the sale of water,
energy, or stormwater or sewer services to assist the owners
of structures or equipment in financing the acquisition and
installation of materials and equipment for the conservation
or more efficient use of water, energy, or stormwater or
sewer services in such structures or equipment. Except as
provided in section 7 of this Article, an appropriate charge
back shall be made for such extension of public moneys or
credit and the same shall be a lien against the structure
benefited or a security interest in the equipment benefited.
Any financing for energy conservation authorized by this
article shall only be used for conservation purposes in
existing structures and shall not be used for any purpose
which results in a conversion from one energy source to
another. [AMENDMENT 91, 1997 House Joint Resolution
No. 4209, p 3065. Approved November 4, 1997.]
Amendment 86 (1989) — Art. 8 § 10 ENERGY AND WATER
CONSERVATION ASSISTANCE — Notwithstanding the provisions of
section 7 of this Article, any county, city, town, quasi municipal
corporation, municipal corporation, or political subdivision of the state
which is engaged in the sale or distribution of water or energy may, as
authorized by the legislature, use public moneys or credit derived from
operating revenues from the sale of water or energy to assist the owners of
structures or equipment in financing the acquisition and installation of
materials and equipment for the conservation or more efficient use of water
or energy in such structures or equipment. Except as provided in section
7 of this Article, an appropriate charge back shall be made for such
extension of public moneys or credit and the same shall be a lien against
the structure benefited or a security interest in the equipment benefited.
Any financing for energy conservation authorized by this article shall only
be used for conservation purposes in existing structures and shall not be
used for any purpose which results in a conversion from one energy source
to another. [AMENDMENT 86, 1989 Senate Joint Resolution No. 8210, p
3003. Approved November 7, 1989.]
Amendment 82 (1988) — Art. 8 § 10 RESIDENTIAL ENERGY
CONSERVATION — Notwithstanding the provisions of section 7 of this
Article, any county, city, town, quasi municipal corporation, municipal
corporation, or political subdivision of the state which is engaged in the
sale or distribution of energy may, as authorized by the legislature, use
public moneys or credit derived from operating revenues from the sale of
energy to assist the owners of structures or equipment in financing the
acquisition and installation of materials and equipment for the conservation
or more efficient use of energy in such structures or equipment. Except as
provided in section 7 of this Article, an appropriate charge back shall be
made for such extension of public moneys or credit and the same shall be
a lien against the structure benefited or a security interest in the equipment
benefited. Any financing authorized by this article shall only be used for
conservation purposes in existing structures and shall not be used for any
purpose which results in a conversion from one energy source to another.
[AMENDMENT 82, 1988 House Joint Resolution No. 4223, p 1552.
Approved November 8, 1988.]
Amendment 70 (1979) — Art. 8 § 10 RESIDENTIAL ENERGY
CONSERVATION — Notwithstanding the provisions of section 7 of this
Article, until January 1, 1990 any county, city, town, quasi municipal
corporation, municipal corporation, or political subdivision of the state
which is engaged in the sale or distribution of energy may, as authorized
by the legislature, use public moneys or credit derived from operating
revenues from the sale of energy to assist the owners of residential
structures in financing the acquisition and installation of materials and
equipment for the conservation or more efficient use of energy in such
structures. Except as provided in section 7 of this Article, an appropriate
charge back shall be made for such extension of public moneys or credit
and the same shall be a lien against the residential structure benefited.
Except as to contracts entered into prior thereto, this amendment to the
state Constitution shall be null and void as of January 1, 1990 and shall
have no further force or effect after that date. [AMENDMENT 70,
Substitute Senate Joint Resolution No. 120, p 2288. Approved November
6, 1979.]
[Vol. 0 RCW—page 56]
§ 11 AGRICULTURAL COMMODITY ASSESSMENTS — DEVELOPMENT, PROMOTION, AND
HOSTING. The use of agricultural commodity assessments
by agricultural commodity commissions in such manner as
may be prescribed by the legislature for agricultural development or trade promotion and promotional hosting shall be
deemed a public use for a public purpose, and shall not be
deemed a gift within the provisions of section 5 of this
article. [AMENDMENT 76, 1985 House Joint Resolution
No. 42, p 2402. Approved November 5, 1985.]
Article IX
EDUCATION
§ 1 PREAMBLE. It is the paramount duty of the
state to make ample provision for the education of all
children residing within its borders, without distinction or
preference on account of race, color, caste, or sex.
§ 2 PUBLIC SCHOOL SYSTEM. The legislature
shall provide for a general and uniform system of public
schools. The public school system shall include common
schools, and such high schools, normal schools, and technical schools as may hereafter be established. But the entire
revenue derived from the common school fund and the state
tax for common schools shall be exclusively applied to the
support of the common schools.
§ 3 FUNDS FOR SUPPORT. The principal of the
common school fund as the same existed on June 30, 1965,
shall remain permanent and irreducible. The said fund shall
consist of the principal amount thereof existing on June 30,
1965, and such additions thereto as may be derived after
June 30, 1965, from the following named sources, to wit:
Appropriations and donations by the state to this fund;
donations and bequests by individuals to the state or public
for common schools; the proceeds of lands and other
property which revert to the state by escheat and forfeiture;
the proceeds of all property granted to the state when the
purpose of the grant is not specified, or is uncertain; funds
accumulated in the treasury of the state for the disbursement
of which provision has not been made by law; the proceeds
of the sale of stone, minerals, or property other than timber
and other crops from school and state lands, other than those
granted for specific purposes; all moneys received from
persons appropriating stone, minerals or property other than
timber and other crops from school and state lands other
than those granted for specific purposes, and all moneys
other than rental recovered from persons trespassing on said
lands; five per centum of the proceeds of the sale of public
lands lying within the state, which shall be sold by the
United States subsequent to the admission of the state into
the Union as approved by section 13 of the act of congress
enabling the admission of the state into the Union; the
principal of all funds arising from the sale of lands and other
property which have been, and hereafter may be granted to
the state for the support of common schools. The legislature
may make further provisions for enlarging said fund.
There is hereby established the common school construction fund to be used exclusively for the purpose of
financing the construction of facilities for the common
schools. The sources of said fund shall be: (1) Those
proceeds derived from the sale or appropriation of timber
(2004 Ed.)
Constitution of the State of Washington
and other crops from school and state lands subsequent to
June 30, 1965, other than those granted for specific purposes; (2) the interest accruing on said permanent common
school fund from and after July 1, 1967, together with all
rentals and other revenues derived therefrom and from lands
and other property devoted to the permanent common school
fund from and after July 1, 1967; and (3) such other sources
as the legislature may direct. That portion of the common
school construction fund derived from interest on the
permanent common school fund may be used to retire such
bonds as may be authorized by law for the purpose of
financing the construction of facilities for the common
schools.
The interest accruing on the permanent common school
fund together with all rentals and other revenues accruing
thereto pursuant to subsection (2) of this section during the
period after the effective date of this amendment and prior
to July 1, 1967, shall be exclusively applied to the current
use of the common schools.
To the extent that the moneys in the common school
construction fund are in excess of the amount necessary to
allow fulfillment of the purpose of said fund, the excess
shall be available for deposit to the credit of the permanent
common school fund or available for the current use of the
common schools, as the legislature may direct. [AMENDMENT 43, 1965 ex.s. Senate Joint Resolution No. 22, part
1, p 2817. Approved November 8, 1966.]
Original text — Art. 9 § 3 FUNDS FOR SUPPORT — The
principal of the common school fund shall remain permanent and
irreducible. The said fund shall be derived from the following named
sources, to wit: Appropriations and donations by the state to this fund;
donations and bequests by individuals to the state or public for common
schools; the proceeds of lands and other property which revert to the state
by escheat and forfeiture; the proceeds of all property granted to the state
when the purpose of the grant is not specified, or is uncertain; funds
accumulated in the treasury of the state for the disbursement of which
provision has not been made by law; the proceeds of the sale of timber,
stone, minerals, or other property from school and state lands, other than
those granted for specific purposes; all moneys received from persons
appropriating timber, stone, minerals or other property from school and
state lands other than those granted for specific purposes, and all moneys
other than rental recovered from persons trespassing on said lands; five per
centum of the proceeds of the sale of public lands lying within the state,
which shall be sold by the United States subsequent to the admission of the
state into the Union as approved by section 13 of the act of congress
enabling the admission of the state into the Union; the principal of all funds
arising from the sale of lands and other property which have been, and
hereafter may be granted to the state for the support of common schools.
The legislature may make further provisions for enlarging said fund. The
interest accruing on said fund together with all rentals and other revenues
derived therefrom and from lands and other property devoted to the
common school fund shall be exclusively applied to the current use of the
common schools.
§ 4 SECTARIAN CONTROL OR INFLUENCE
PROHIBITED. All schools maintained or supported wholly
or in part by the public funds shall be forever free from
sectarian control or influence.
§ 5 LOSS OF PERMANENT FUND TO BECOME
STATE DEBT. All losses to the permanent common school
or any other state educational fund, which shall be occasioned by defalcation, mismanagement or fraud of the agents
or officers controlling or managing the same, shall be
audited by the proper authorities of the state. The amount
so audited shall be a permanent funded debt against the state
in favor of the particular fund sustaining such loss, upon
(2004 Ed.)
Article IX § 3
which not less than six per cent annual interest shall be paid.
The amount of liability so created shall not be counted as a
part of the indebtedness authorized and limited elsewhere in
this Constitution.
Investment of permanent school fund: Art. 16 § 5.
Article X
MILITIA
§ 1 WHO LIABLE TO MILITARY DUTY. All
able-bodied male citizens of this state between the ages of
eighteen (18) and forty-five (45) years except such as are
exempt by laws of the United States or by the laws of this
state, shall be liable to military duty.
§ 2 ORGANIZATION — DISCIPLINE — OFFICERS — POWER TO CALL OUT. The legislature shall
provide by law for organizing and disciplining the militia in
such manner as it may deem expedient, not incompatible
with the Constitution and laws of the United States. Officers
of the militia shall be elected or appointed in such manner
as the legislature shall from time to time direct and shall be
commissioned by the governor. The governor shall have
power to call forth the militia to execute the laws of the state
to suppress insurrections and repel invasions.
§ 3 SOLDIERS’ HOME. The legislature shall
provide by law for the maintenance of a soldiers’ home for
honorably discharged Union soldiers, sailors, marines and
members of the state militia disabled while in the line of
duty and who are bona fide citizens of the state.
§ 4 PUBLIC ARMS. The legislature shall provide by
law, for the protection and safe keeping of the public arms.
§ 5 PRIVILEGE FROM ARREST. The militia
shall, in all cases, except treason, felony and breach of the
peace, be privileged from arrest during their attendance at
musters and elections of officers, and in going to and
returning from the same.
§ 6 EXEMPTION FROM MILITARY DUTY. No
person or persons, having conscientious scruples against
bearing arms, shall be compelled to do militia duty in time
of peace: Provided, such person or persons shall pay an
equivalent for such exemption.
Article XI
COUNTY, CITY, AND TOWNSHIP
ORGANIZATION
§ 1 EXISTING COUNTIES RECOGNIZED. The
several counties of the Territory of Washington existing at
the time of the adoption of this Constitution are hereby
recognized as legal subdivisions of this state.
§ 2 COUNTY SEATS — LOCATION AND REM O V A L . No county seat shall be removed unless
three-fifths of the qualified electors of the county, voting on
the proposition at a general election shall vote in favor of
such removal, and three-fifths of all votes cast on the
proposition shall be required to relocate a county seat. A
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Article XI § 2
Constitution of the State of Washington
proposition of removal shall not be submitted in the same
county more than once in four years.
Governmental continuity during emergency periods: Art. 2 § 42.
§ 3 NEW COUNTIES. No new counties shall be
established which shall reduce any county to a population
less than four thousand (4,000), nor shall a new county be
formed containing a less population than two thousand
(2,000). There shall be no territory stricken from any county
unless a majority of the voters living in such territory shall
petition therefor and then only under such other conditions
as may be prescribed by a general law applicable to the
whole state. Every county which shall be enlarged or
created from territory taken from any other county or
counties shall be liable for a just proportion of the existing
debts and liabilities of the county or counties from which
such territory shall be taken: Provided, That in such
accounting neither county shall be charged with any debt or
liability then existing incurred in the purchase of any county
property, or in the purchase or construction of any county
buildings then in use, or under construction, which shall fall
within and be retained by the county: Provided further, That
this shall not be construed to affect the rights of creditors.
§ 4 COUNTY GOVERNMENT AND TOWNSHIP
ORGANIZATION. The legislature shall establish a system
of county government, which shall be uniform throughout
the state except as hereinafter provided, and by general laws
shall provide for township organization, under which any
county may organize whenever a majority of the qualified
electors of such county voting at a general election shall so
determine; and whenever a county shall adopt township
organization, the assessment and collection of the revenue
shall be made, and the business of such county and the local
affairs of the several townships therein, shall be managed
and transacted in the manner prescribed by such general law.
Any county may frame a "Home Rule" charter for its
own government subject to the Constitution and laws of this
state, and for such purpose the legislative authority of such
county may cause an election to be had, at which election
there shall be chosen by the qualified voters of said county
not less than fifteen (15) nor more than twenty-five (25)
freeholders thereof, as determined by the legislative authority, who shall have been residents of said county for a period
of at least five (5) years preceding their election and who are
themselves qualified electors, whose duty it shall be to
convene within thirty (30) days after their election and
prepare and propose a charter for such county. Such
proposed charter shall be submitted to the qualified electors
of said county, and if a majority of such qualified electors
voting thereon ratify the same, it shall become the charter of
said county and shall become the organic law thereof, and
supersede any existing charter, including amendments
thereto, or any existing form of county government, and all
special laws inconsistent with such charter. Said proposed
charter shall be published in two (2) legal newspapers
published in said county, at least once a week for four (4)
consecutive weeks prior to the day of submitting the same to
the electors for their approval as above provided. All
elections in this section authorized shall only be had upon
notice, which notice shall specify the object of calling such
election and shall be given for at least ten (10) days before
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the day of election in all election districts of said county.
Said elections may be general or special elections and except
as herein provided, shall be governed by the law regulating
and controlling general or special elections in said county.
Such charter may be amended by proposals therefor submitted by the legislative authority of said county to the electors
thereof at any general election after notice of such submission published as above specified, and ratified by a majority
of the qualified electors voting thereon. In submitting any
such charter or amendment thereto, any alternate article or
proposition may be presented for the choice of the voters
and may be voted on separately without prejudice to others.
Any home rule charter proposed as herein provided,
may provide for such county officers as may be deemed
necessary to carry out and perform all county functions as
provided by charter or by general law, and for their compensation, but shall not affect the election of the prosecuting
attorney, the county superintendent of schools, the judges of
the superior court, and the justices of the peace, or the
jurisdiction of the courts.
Notwithstanding the foregoing provision for the calling
of an election by the legislative authority of such county for
the election of freeholders to frame a county charter,
registered voters equal in number to ten (10) per centum of
the voters of any such county voting at the last preceding
general election, may at any time propose by petition the
calling of an election of freeholders. The petition shall be
filed with the county auditor of the county at least three (3)
months before any general election and the proposal that a
board of freeholders be elected for the purpose of framing a
county charter shall be submitted to the vote of the people
at said general election, and at the same election a board of
freeholders of not less than fifteen (15) or more than
twenty-five (25), as fixed in the petition calling for the
election, shall be chosen to draft the new charter. The
procedure for the nomination of qualified electors as candidates for said board of freeholders shall be prescribed by the
legislative authority of the county, and the procedure for the
framing of the charter and the submission of the charter as
framed shall be the same as in the case of a board of
freeholders chosen at an election initiated by the legislative
authority of the county.
In calling for any election of freeholders as provided in
this section, the legislative authority of the county shall
apportion the number of freeholders to be elected in accordance with either the legislative districts or the county
commissioner districts, if any, within said county, the
number of said freeholders to be elected from each of said
districts to be in proportion to the population of said districts
as nearly as may be.
Should the charter proposed receive the affirmative vote
of the majority of the electors voting thereon, the legislative
authority of the county shall immediately call such special
election as may be provided for therein, if any, and the
county government shall be established in accordance with
the terms of said charter not more than six (6) months after
the election at which the charter was adopted.
The terms of all elective officers, except the prosecuting
attorney, the county superintendent of schools, the judges of
the superior court, and the justices of the peace, who are in
office at the time of the adoption of a Home Rule Charter
shall terminate as provided in the charter. All appointive
(2004 Ed.)
Constitution of the State of Washington
officers in office at the time the charter goes into effect,
whose positions are not abolished thereby, shall continue
until their successors shall have qualified.
After the adoption of such charter, such county shall
continue to have all the rights, powers, privileges and
benefits then possessed or thereafter conferred by general
law. All the powers, authority and duties granted to and
imposed on county officers by general law, except the
prosecuting attorney, the county superintendent of schools,
the judges of the superior court and the justices of the peace,
shall be vested in the legislative authority of the county
unless expressly vested in specific officers by the charter.
The legislative authority may by resolution delegate any of
its executive or administrative powers, authority or duties not
expressly vested in specific officers by the charter, to any
county officer or officers or county employee or employees.
The provisions of sections 5, 6, 7, and the first sentence
of section 8 of this Article as amended shall not apply to
counties in which the government has been established by
charter adopted under the provisions hereof. The authority
conferred on the board of county commissioners by Section
15 of Article II as amended, shall be exercised by the
legislative authority of the county. [AMENDMENT 21,
1947 Senate Joint Resolution No. 5, p 1372. Approved
November 2, 1948.]
Original text — Art. 11 § 4 COUNTY GOVERNMENT AND
TOWNSHIP ORGANIZATION — The legislature shall establish a
system of county government which shall be uniform throughout the state,
and by general laws shall provide for township organization, under which
any county may organize whenever a majority of the qualified electors of
such county voting at a general election shall so determine, and whenever
a county shall adopt township organization the assessment and collection
of the revenue shall be made and the business of such county, and the local
affairs of the several townships therein shall be managed and transacted in
the manner prescribed by such general laws.
§ 5 COUNTY GOVERNMENT. The legislature, by
general and uniform laws, shall provide for the election in
the several counties of boards of county commissioners,
sheriffs, county clerks, treasurers, prosecuting attorneys and
other county, township or precinct and district officers, as
public convenience may require, and shall prescribe their
duties, and fix their terms of office: Provided, That the
legislature may, by general laws, classify the counties by
population and provide for the election in certain classes of
counties certain officers who shall exercise the powers and
perform the duties of two or more officers. It shall regulate
the compensation of all such officers, in proportion to their
duties, and for that purpose may classify the counties by
population: Provided, That it may delegate to the legislative
authority of the counties the right to prescribe the salaries of
its own members and the salaries of other county officers.
And it shall provide for the strict accountability of such
officers for all fees which may be collected by them and for
all public moneys which may be paid to them, or officially
come into their possession. [AMENDMENT 57, part, 1971
Senate Joint Resolution No. 38, part, p 1829. Approved
November, 1972.]
Amendment 12 (1924) — Art. 11 § 5 COUNTY GOVERNMENT
— The legislature, by general and uniform laws, shall provide for the
election in the several counties of boards of county commissioners, sheriffs,
county clerks, treasurers, prosecuting attorneys and other county, township
or precinct and district officers, as public convenience may require, and
shall prescribe their duties, and fix their terms of office: Provided, That the
legislature may, by general laws, classify the counties by population and
(2004 Ed.)
Article XI § 4
provide for the election in certain classes of counties certain officers who
shall exercise the powers and perform the duties of two or more officers.
It shall regulate the compensation of all such officers, in proportion to their
duties, and for that purpose may classify the counties by population. And
it shall provide for the strict accountability of such officers for all fees
which may be collected by them and for all public moneys which may be
paid to them, or officially come into their possession. [AMENDMENT 12,
1923 p 255 § 1. Approved November, 1924.]
Original text — Art. 11 § 5 ELECTION AND COMPENSATION
OF COUNTY OFFICERS — The legislature by general and uniform laws
shall provide for the election in the several counties of boards of county
commissioners, sheriffs, county clerks, treasurers, prosecuting attorneys, and
other county, township or precinct and district officers as public convenience may require, and shall prescribe their duties, and fix their terms of
office. It shall regulate the compensation of all such officers, in proportion
to their duties, and for that purpose may classify the counties by population. And it shall provide for the strict accountability of such officers for
all fees which may be collected by them, and for all public moneys which
may be paid to them, or officially come into their possession.
§ 6 VACANCIES IN TOWNSHIP, PRECINCT OR
ROAD DISTRICT OFFICE. The board of county commissioners in each county shall fill all vacancies occurring
in any township, precinct or road district office of such
county by appointment, and officers thus appointed shall
hold office till the next general election, and until their
successors are elected and qualified. [AMENDMENT 52,
part, 1967 Senate Joint Resolution No. 24, part. Approved
November 5, 1968.]
Governmental continuity during emergency periods: Art. 2 § 42.
Vacancies in legislature and in partisan county elective office: Art. 2 § 15.
Original text — Art. 11 § 6 VACANCIES IN COUNTY, ETC.,
OFFICES, HOW FILLED — The board of county commissioners in each
county shall fill all vacancies occurring in any county, township, precinct
or road district office of such county by appointment, and officers thus
appointed shall hold office till the next general election, and until their
successors are elected and qualified.
§ 7 TENURE OF OFFICE LIMITED TO TWO
TERMS. [Repealed by AMENDMENT 22, 1947 House
Joint Resolution No. 4, p 1385. Approved November 2,
1948.]
Original text — Art. 11 § 7 TENURE OF OFFICE LIMITED TO
TWO TERMS — No county officer shall be eligible to hold his office
more than two terms in succession.
§ 8 SALARIES AND LIMITATIONS AFFECTING. The salary of any county, city, town, or municipal
officers shall not be increased except as provided in section
1 of Article XXX or diminished after his election, or during
his term of office; nor shall the term of any such officer be
extended beyond the period for which he is elected or
appointed. [AMENDMENT 57, art, 1971 Senate Joint
Resolution No. 38, part, p 1829. Approved November,
1972.]
Original text — Art. 11 § 8 SALARIES AND LIMITATIONS
AFFECTING — The legislature shall fix the compensation by salaries of
all county officers, and of constables in cities having a population of five
thousand and upwards; except that public administrators, surveyors and
coroners may or may not be salaried officers. The salary of any county,
city, town, or municipal officers shall not be increased or diminished after
his election, or during his term of office; nor shall the term of any such
officer be extended beyond the period for which he is elected or appointed.
§ 9 STATE TAXES NOT TO BE RELEASED OR
COMMUTED. No county, nor the inhabitants thereof, nor
the property therein, shall be released or discharged from its
or their proportionate share of taxes to be levied for state
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Article XI § 9
Constitution of the State of Washington
purposes, nor shall commutation for such taxes be authorized
in any form whatever.
§ 10 INCORPORATION OF MUNICIPALITIES.
Corporations for municipal purposes shall not be created by
special laws; but the legislature, by general laws, shall
provide for the incorporation, organization and classification
in proportion to population, of cities and towns, which laws
may be altered, amended or repealed. Cities and towns
heretofore organized, or incorporated may become organized
under such general laws whenever a majority of the electors
voting at a general election, shall so determine, and shall
organize in conformity therewith; and cities or towns
heretofore or hereafter organized, and all charters thereof
framed or adopted by authority of this Constitution shall be
subject to and controlled by general laws. Any city containing a population of ten thousand inhabitants, or more, shall
be permitted to frame a charter for its own government,
consistent with and subject to the Constitution and laws of
this state, and for such purpose the legislative authority of
such city may cause an election to be had at which election
there shall be chosen by the qualified electors of said city,
fifteen freeholders thereof, who shall have been residents of
said city for a period of at least two years preceding their
election and qualified electors, whose duty it shall be to
convene within ten days after their election, and prepare and
propose a charter for such city. Such proposed charter shall
be submitted to the qualified electors of said city, and if a
majority of such qualified electors voting thereon ratify the
same, it shall become the charter of said city, and shall
become the organic law thereof, and supersede any existing
charter including amendments thereto, and all special laws
inconsistent with such charter. Said proposed charter shall
be published in the daily newspaper of largest general
circulation published in the area to be incorporated as a first
class city under the charter or, if no daily newspaper is
published therein, then in the newspaper having the largest
general circulation within such area at least once each week
for four weeks next preceding the day of submitting the
same to the electors for their approval, as above provided.
All elections in this section authorized shall only be had
upon notice, which notice shall specify the object of calling
such election, and shall be given as required by law. Said
elections may be general or special elections, and except as
herein provided shall be governed by the law regulating and
controlling general or special elections in said city. Such
charter may be amended by proposals therefor submitted by
the legislative authority of such city to the electors thereof
at any general election after notice of said submission
published as above specified, and ratified by a majority of
the qualified electors voting thereon. In submitting any such
charter, or amendment thereto, any alternate article or
proposition may be presented for the choice of the voters,
and may be voted on separately without prejudice to others.
[AMENDMENT 40, 1963 ex.s. Senate Joint Resolution No.
1, p 1526. Approved November 3, 1964.]
Original text — Art. 11 § 10 INCORPORATION OF MUNICIPALITIES — Corporations for municipal purposes shall not be created by
special laws; but the legislature, by general laws, shall provide for the
incorporation, organization and classification in proportion to population,
of cities and towns, which laws may be altered, amended or repealed.
Cities and towns heretofore organized, or incorporated may become
organized under such general laws whenever a majority of the electors
voting at a general election, shall so determine, and shall organize in
[Vol. 0 RCW—page 60]
conformity therewith; and cities or towns heretofore or hereafter organized,
and all charters thereof framed or adopted by authority of this Constitution
shall be subject to, and controlled by general laws. Any city containing a
population of twenty thousand inhabitants, or more, shall be permitted to
frame a charter for its own government, consistent with and subject to the
Constitution and laws of this state, and for such purpose the legislative
authority of such city may cause an election to be had at which election
there shall be chosen by the qualified electors of said city, fifteen freeholders thereof, who shall have been residents of said city for a period of at
least two years preceding their election and qualified electors, whose duty
it shall be to convene within ten days after their election, and prepare and
propose a charter for such city. Such proposed charter shall be submitted
to the qualified electors of said city, and if a majority of such qualified
electors voting thereon ratify the same, it shall become the charter of said
city, and shall become the organic law thereof, and supersede any existing
charter including amendments thereto, and all special laws inconsistent with
such charter. Said proposed charter shall be published in two daily
newspapers published in said city, for at least thirty days prior to the day
of submitting the same to the electors for their approval, as above provided.
All elections in this section authorized shall only be had upon notice, which
notice shall specify the object of calling such election, and shall be given
for at least ten days before the day of election, in all election districts of
said city. Said elections may be general or special elections, and except as
herein provided shall be governed by the law regulating and controlling
general or special elections in said city. Such charter may be amended by
proposals therefore submitted by the legislative authority of such city to the
electors thereof at any general election after notice of said submission
published as above specified, and ratified by a majority of the qualified
electors voting thereon. In submitting any such charter, or amendment
thereto, any alternate article or proposition may be presented for the choice
of the voters, and may be voted on separately without prejudice to others.
Authority to incur and limit of indebtedness: Art. 8 § 6.
§ 11 POLICE AND SANITARY REGULATIONS.
Any county, city, town or township may make and enforce
within its limits all such local police, sanitary and other
regulations as are not in conflict with general laws.
§ 12 ASSESSMENT AND COLLECTION OF
TAXES IN MUNICIPALITIES. The legislature shall have
no power to impose taxes upon counties, cities, towns or
other municipal corporations, or upon the inhabitants or
property thereof, for county, city, town, or other municipal
purposes, but may, by general laws, vest in the corporate
authorities thereof, the power to assess and collect taxes for
such purposes.
§ 13 PRIVATE PROPERTY, WHEN MAY BE
TAKEN FOR PUBLIC DEBT. Private property shall not
be taken or sold for the payment of the corporate debt of any
public or municipal corporation, except in the mode provided
by law for the levy and collection of taxes.
§ 14 PRIVATE USE OF PUBLIC FUNDS PROHIBITED. The making of profit out of county, city, town,
or other public money, or using the same for any purpose
not authorized by law, by any officer having the possession
or control thereof, shall be a felony, and shall be prosecuted
and punished as prescribed by law.
§ 15 DEPOSIT OF PUBLIC FUNDS. All moneys,
assessments and taxes belonging to or collected for the use
of any county, city, town or other public or municipal
corporation, coming into the hands of any officer thereof,
shall immediately be deposited with the treasurer, or other
legal depositary to the credit of such city, town, or other
corporation respectively, for the benefit of the funds to
which they belong.
(2004 Ed.)
Constitution of the State of Washington
§ 16 COMBINED CITY-COUNTY. Any county
may frame a "Home Rule" charter subject to the Constitution
and laws of this state to provide for the formation and
government of combined city and county municipal corporations, each of which shall be known as "city-county".
Registered voters equal in number to ten (10) percent of the
voters of any such county voting at the last preceding
general election may at any time propose by a petition the
calling of an election of freeholders. The provisions of
section 4 of this Article with respect to a petition calling for
an election of freeholders to frame a county home rule
charter, the election of freeholders, and the framing and
adoption of a county home rule charter pursuant to such
petition shall apply to a petition proposed under this section
for the election of freeholders to frame a city-county charter,
the election of freeholders, and to the framing and adoption
of such city-county charter pursuant to such petition. Except
as otherwise provided in this section, the provisions of
section 4 applicable to a county home rule charter shall
apply to a city-county charter. If there are not sufficient
legal newspapers published in the county to meet the
requirements for publication of a proposed charter under
section 4 of this Article, publication in a legal newspaper
circulated in the county may be substituted for publication in
a legal newspaper published in the county. No such
"city-county" shall be formed except by a majority vote of
the qualified electors voting thereon in the county. The
charter shall designate the respective officers of such
city-county who shall perform the duties imposed by law
upon county officers. Every such city-county shall have and
enjoy all rights, powers and privileges asserted in its charter,
and in addition thereto, such rights, powers and privileges as
may be granted to it, or to any city or county or class or
classes of cities and counties. In the event of a conflict in
the constitutional provisions applying to cities and those
applying to counties or of a conflict in the general laws
applying to cities and those applying to counties, a
city-county shall be authorized to exercise any powers that
are granted to either the cities or the counties.
No legislative enactment which is a prohibition or
restriction shall apply to the rights, powers and privileges of
a city-county unless such prohibition or restriction shall
apply equally to every other city, county, and city-county.
The provisions of sections 2, 3, 5, 6, and 8 and of the
first paragraph of section 4 of this article shall not apply to
any such city-county.
Municipal corporations may be retained or otherwise
provided for within the city-county. The formation, powers
and duties of such municipal corporations shall be prescribed
by the charter.
No city-county shall for any purpose become indebted
in any manner to an amount exceeding three per centum of
the taxable property in such city-county without the assent
of three-fifths of the voters therein voting at an election to
be held for that purpose, nor in cases requiring such assent
shall the total indebtedness at any time exceed ten per
centum of the value of the taxable property therein, to be
ascertained by the last assessment for city-county purposes
previous to the incurring of such indebtedness: Provided,
That no part of the indebtedness allowed in this section shall
be incurred for any purpose other than strictly city-county or
other municipal purposes: Provided further, That any
(2004 Ed.)
Article XI § 16
city-county, with such assent may be allowed to become
indebted to a larger amount, but not exceeding five per
centum additional for supplying such city-county with water,
artificial light, and sewers, when the works for supplying
such water, light, and sewers shall be owned and controlled
by the city-county.
No municipal corporation which is retained or otherwise
provided for within the city-county shall for any purpose
become indebted in any manner to an amount exceeding one
and one-half per centum of the taxable property in such
municipal corporation without the assent of three-fifths of
the voters therein voting at an election to be held for that
purpose, nor shall the total indebtedness at any time exceed
five per centum of the value of the taxable property therein,
to be ascertained by the last assessment for city-county
purposes previous to the incurring of such indebtedness:
Provided, That no part of the indebtedness allowed in this
section shall be incurred for any purpose other than strictly
municipal purposes: Provided further, That any such
municipal corporation, with such assent, may be allowed to
become indebted to a larger amount, but not exceeding five
per centum additional for supplying such municipal corporation with water, artificial light, and sewers, when the works
for supplying such water, light, and sewers shall be owned
and controlled by the municipal corporation. All taxes
which are levied and collected within a municipal corporation for a specific purpose shall be expended within that
municipal corporation.
The authority conferred on the city-county government
shall not be restricted by the second sentence of Article 7,
section 1, or by Article 8, section 6 of this Constitution.
[AMENDMENT 58, 1971 House Joint Resolution No. 21,
p 1831. Approved November, 1972.]
Amendment 23 (1948) — Art. 11 § 16 COMBINED CITY AND
COUNTY — The legislature shall, by general law, provide for the
formation of combined city and county municipal corporations, and for the
manner of determining the territorial limits thereof, each of which shall be
known as a "city and county," and, when organized, shall contain a
population of at least three hundred thousand (300,000) inhabitants. No
such city and county shall be formed except by a majority vote of the
qualified electors of the area proposed to be included therein and also by
a majority vote of the qualified electors of the remainder of that county
from which such area is to be taken. Any such city and county shall be
permitted to frame a charter for its own government, and amend the same,
in the manner provided for cities by section 10 of this article: Provided,
however, That the first charter of such city and county shall be framed and
adopted in a manner to be specified in the general law authorizing the
formation of such corporations: Provided further, That every such charter
shall designate the respective officers of such city and county who shall
perform the duties imposed by law upon county officers. Every such city
and county shall have and enjoy all rights, powers and privileges asserted
in its charter, not inconsistent with general laws, and in addition thereto,
such rights, powers and privileges as may be granted to it, or possessed
and enjoyed by cities and counties of like population separately organized.
No county or county government existing outside the territorial limits
of such county and city shall exercise any police, taxation or other powers
within the territorial limits of such county and city, but all such powers
shall be exercised by the city and county and the officers thereof, subject to
such constitutional provisions and general laws as apply to either cities or
counties: Provided, That the provisions of sections 2, 3, 4, 5, 6, 7, and 8
of this article shall not apply to any such city and county: Provided further,
That the salary of any elective or appointive officer of a city and county
shall not be changed after his election or appointment or during his term
of office; nor shall the term of any such officer be extended beyond the
period for which he is elected or appointed. In case an existing county is
divided in the formation of a city and county, such city and county shall be
liable for a just proportion of the existing debts or liabilities of the former
county, and shall account for and pay the county remaining a just
proportion of the value of any real estate or other property owned by the
[Vol. 0 RCW—page 61]
Article XI § 16
Constitution of the State of Washington
former county and taken over by the county and city, the method of
determining such just proportion to be prescribed by general law, but such
division shall not affect the rights of creditors. The officers of a city and
county, their compensation, qualifications, term of office and manner of
election or appointment shall be as provided for in its charter, subject to
general laws and applicable constitutional provisions. [AMENDMENT 23,
1947 House Joint Resolution No. 13, p 1386. Approved November 2,
1948.]
Article XII
CORPORATIONS OTHER THAN MUNICIPAL
§ 1 CORPORATIONS, HOW FORMED. Corporations may be formed under general laws, but shall not be
created by special acts. All laws relating to corporations
may be altered, amended or repealed by the legislature at
any time, and all corporations doing business in this state
may, as to such business, be regulated, limited or restrained
by law.
§ 2 EXISTING CHARTERS. All existing charters,
franchises, special or exclusive privileges, under which an
actual and bona fide organization shall not have taken place,
and business been commenced in good faith, at the time of
the adoption of this Constitution shall thereafter have no
validity.
§ 3 EXISTING CHARTERS NOT TO BE EXTENDED NOR FORFEITURE REMITTED. The
legislature shall not extend any franchise or charter, nor
remit the forfeiture of any franchise or charter of any
corporation now existing, or which shall hereafter exist under
the laws of this state.
§ 4 LIABILITY OF STOCKHOLDERS. Each
stockholder in all incorporated companies, except corporations organized for banking or insurance purposes, shall be
liable for the debts of the corporation to the amount of his
unpaid stock and no more; and one or more stockholders
may be joined as parties defendant in suits to recover upon
this liability.
§ 5 TERM "CORPORATION," DEFINED —
RIGHT TO SUE AND BE SUED. The term corporations,
as used in this article, shall be construed to include all
associations and joint stock companies having any powers or
privileges of corporations not possessed by individuals or
partnerships, and all corporations shall have the right to sue
and shall be subject to be sued, in all courts, in like cases as
natural persons.
§ 6 LIMITATIONS UPON ISSUANCE OF
STOCK. Corporations shall not issue stock, except to bona
fide subscribers therefor, or their assignees; nor shall any
corporation issue any bond, or other obligation, for the
payment of money, except for money or property received
or labor done. The stock of corporations shall not be
increased, except in pursuance of a general law, nor shall
any law authorize the increase of stock, without the consent
of the person or persons holding the larger amount in value
of the stock, nor without due notice of the proposed increase
having been previously given in such manner as may be
prescribed by law. All fictitious increase of stock or
indebtedness shall be void.
[Vol. 0 RCW—page 62]
§ 7 FOREIGN CORPORATIONS. No corporation
organized outside the limits of this state shall be allowed to
transact business within the state on more favorable conditions than are prescribed by law to similar corporations
organized under the laws of this state.
§ 8 ALIENATION OF FRANCHISE NOT TO
RELEASE LIABILITIES. No corporation shall lease or
alienate any franchise, so as to relieve the franchise, or
property held thereunder, from the liabilities of the lessor, or
grantor, lessee, or grantee, contracted or incurred in the
operation, use, or enjoyment of such franchise or any of its
privileges.
§ 9 STATE NOT TO LOAN ITS CREDIT OR
SUBSCRIBE FOR STOCK. The state shall not in any
manner loan its credit, nor shall it subscribe to, or be
interested in the stock of any company, association or
corporation.
§ 10 EMINENT DOMAIN AFFECTING. The
exercise of the right of eminent domain shall never be so
abridged or construed as to prevent the legislature from
taking the property and franchises of incorporated companies, and subjecting them to public use the same as the
property of individuals.
§ 11 STOCKHOLDER LIABILITY. No corporation, association, or individual shall issue or put in circulation as money anything but the lawful money of the United
States. Each stockholder of any banking or insurance
corporation or joint stock association shall be individually
and personally liable equally and ratably, and not one for
another, for all contracts, debts, and engagements of such
corporation or association accruing while they remain such
stockholders, to the extent of the amount of their stock
therein at the par value thereof, in addition to the amount
invested in such shares.
The legislature may provide that stockholders of
banking corporations organized under the laws of this state
which shall provide and furnish, either through membership
in the Federal Deposit Insurance Corporation, or through
membership in any other instrumentality of the government
of the United States, insurance or security for the payment
of the debts and obligations of such banking corporation
equivalent to that required by the laws of the United States
to be furnished and provided by national banking associations, shall be relieved from liability for the debts and
obligations of such banking corporation to the same extent
that stockholders of national banking associations are
relieved from liability for the debts and obligations of such
national banking associations under the laws of the United
States. [AMENDMENT 16, 1939 Senate Joint Resolution
No. 8, p 1024. Approved November, 1940.]
Original text — Art. 12 § 11 PROHIBITION AGAINST ISSUANCE OF MONEY AND LIABILITY OF STOCKHOLDERS IN
BANKS — No corporation, association, or individual shall issue or put in
circulation as money anything but the lawful money of the United States.
Each stockholder of any banking or insurance corporation or joint stock
association, shall be individually and personally liable equally and ratably
and not one for another, for all contracts, debts and engagements of such
corporation or association accruing while they remain such stockholders to
the extent of the amount of their stock therein at the par value thereof, in
addition to the amount invested in such shares.
(2004 Ed.)
Constitution of the State of Washington
§ 12 RECEIVING DEPOSITS BY BANK AFTER
INSOLVENCY. Any president, director, manager, cashier,
or other officer of any banking institution, who shall receive
or assent to the reception of deposits, after he shall have
knowledge of the fact that such banking institution is
insolvent or in failing circumstances, shall be individually
responsible for such deposits so received.
§ 13 COMMON CARRIERS, REGULATION OF.
All railroad, canal and other transportation companies are
declared to be common carriers and subject to legislative
control. Any association or corporation organized for the
purpose, under the laws of this state, shall have the right to
connect at the state line with railroads of other states. Every
railroad company shall have the right with its road, whether
the same be now constructed or may hereafter be constructed, to intersect, cross or connect with any other railroad, and
when such railroads are of the same or similar gauge they
shall at all crossings and at all points, where a railroad shall
begin or terminate at or near any other railroad, form proper
connections so that the cars of any such railroad companies
may be speedily transferred from one railroad to another.
All railroad companies shall receive and transport each the
other’s passengers, tonnage and cars without delay or
discrimination.
§ 14 PROHIBITION AGAINST COMBINATIONS
BY CARRIERS. [Repealed by AMENDMENT 67, 1977
House Joint Resolution No. 57, p 1714. Approved
November 8, 1977.]
Original text — Art. 12 § 14 PROHIBITION AGAINST COMBINATIONS BY CARRIERS — No railroad company, or other common
carrier, shall combine or make any contract with the owners of any vessel
that leaves port or makes port in this state, or with any common carrier, by
which combination or contract the earnings of one doing the carrying are
to be shared by the other not doing the carrying.
§ 15 PROHIBITION AGAINST DISCRIMINATING CHARGES. No discrimination in charges or facilities
for transportation shall be made by any railroad or other
transportation company between places or persons, or in the
facilities for the transportation of the same classes of freight
or passengers within this state, or coming from or going to
any other state. Persons and property transported over any
railroad, or by any other transportation company, or individual, shall be delivered at any station, landing or port, at
charges not exceeding the charges for the transportation of
persons and property of the same class, in the same direction, to any more distant station, port or landing. Excursion
and commutation tickets may be issued at special rates.
§ 16 PROHIBITION AGAINST CONSOLIDATING OF COMPETING LINES. No railroad corporation
shall consolidate its stock, property or franchises with any
other railroad corporation owning a competing line.
§ 17 ROLLING STOCK, PERSONALTY FOR
PURPOSE OF TAXATION. The rolling stock and other
movable property belonging to any railroad company or
corporation in this state, shall be considered personal
property, and shall be liable to taxation and to execution and
sale in the same manner as the personal property of individu-
(2004 Ed.)
Article XII § 12
als and such property shall not be exempted from execution
and sale.
§ 18 RATES FOR TRANSPORTATION. The
legislature may pass laws establishing reasonable rates of
charges for the transportation of passengers and freight, and
to correct abuses and prevent discrimination and extortion
in the rates of freight and passenger tariffs on the different
railroads and other common carriers in the state, and shall
enforce such laws by adequate penalties. A railroad and
transportation commission may be established and its powers
and duties fully defined by law. [AMENDMENT 66, 1977
House Joint Resolution No. 55, p 1713. Approved
November 8, 1977.]
Original text — Art. 12 § 18 MAXIMUM RATES FOR TRANSPORTATION — The legislature shall pass laws establishing reasonable
maximum rates of charges for the transportation of passengers and freight,
and to correct abuses and prevent discrimination and extortion in the rates
of freight and passenger tariffs on the different railroads and other common
carriers in the state, and shall enforce such laws by adequate penalties. A
railroad and transportation commission may be established and its powers
and duties fully defined by law.
§ 19 TELEGRAPH AND TELEPHONE COMPANIES. Any association or corporation, or the lessees or
managers thereof, organized for the purpose, or any individual, shall have the right to construct and maintain lines of
telegraph and telephone within this state, and said companies
shall receive and transmit each other’s messages without
delay or discrimination and all of such companies are hereby
declared to be common carriers and subject to legislative
control. Railroad corporations organized or doing business
in this state shall allow telegraph and telephone corporations
and companies to construct and maintain telegraph lines on
and along the rights of way of such railroads and railroad
companies, and no railroad corporation organized or doing
business in this state shall allow any telegraph corporation or
company any facilities, privileges or rates for transportation
of men or material or for repairing their lines not allowed to
all telegraph companies. The right of eminent domain is
hereby extended to all telegraph and telephone companies.
The legislature shall, by general law of uniform operation,
provide reasonable regulations to give effect to this section.
Eminent domain: Art. 1 § 16.
§ 20 PROHIBITION AGAINST FREE TRANSPORTATION FOR PUBLIC OFFICERS. No railroad or
other transportation company shall grant free passes, or sell
tickets or passes at a discount, other than as sold to the
public generally, to any member of the legislature, or to any
person holding any public office within this state. The
legislature shall pass laws to carry this provision into effect.
§ 21 EXPRESS COMPANIES. Railroad companies
now or hereafter organized or doing business in this state,
shall allow all express companies organized or doing
business in this state, transportation over all lines of railroad
owned or operated by such railroad companies upon equal
terms with any other express company, and no railroad
corporation organized or doing business in this state shall
allow any express corporation or company any facilities,
privileges or rates for transportation of men or materials or
property carried by them or for doing the business of such
express companies not allowed to all express companies.
[Vol. 0 RCW—page 63]
Article XII § 22
Constitution of the State of Washington
§ 22 MONOPOLIES AND TRUSTS. Monopolies
and trusts shall never be allowed in this state, and no
incorporated company, copartnership, or association of
persons in this state shall directly or indirectly combine or
make any contract with any other incorporated company,
foreign or domestic, through their stockholders, or the
trustees or assignees of such stockholders, or with any
copartnership or association of persons, or in any manner
whatever for the purpose of fixing the price or limiting the
production or regulating the transportation of any product or
commodity. The legislature shall pass laws for the enforcement of this section by adequate penalties, and in case of
incorporated companies, if necessary for that purpose, may
declare a forfeiture of their franchises.
Article XIII
STATE INSTITUTIONS
§ 1 EDUCATIONAL, REFORMATORY, AND
PENAL INSTITUTIONS. Educational, reformatory, and
penal institutions; those for the benefit of youth who are
blind or deaf or otherwise disabled; for persons who are
mentally ill or developmentally disabled; and such other
institutions as the public good may require, shall be fostered
and supported by the state, subject to such regulations as
may be provided by law. The regents, trustees, or commissioners of all such institutions existing at the time of the
adoption of this Constitution, and of such as shall thereafter
be established by law, shall be appointed by the governor, by
and with the advice and consent of the senate; and upon all
nominations made by the governor, the question shall be
taken by ayes and noes, and entered upon the journal.
[AMENDMENT 83, 1988 House Joint Resolution No. 4231,
p 1553. Approved November 8, 1988.]
Original text — Art. 13 § 1 EDUCATIONAL, REFORMATORY
AND PENAL INSTITUTIONS — Educational, reformatory and penal
institutions; those for the benefit of blind, deaf, dumb, or otherwise defective
youth; for the insane or idiotic; and such other institutions as the public
good may require, shall be fostered and supported by the state, subject to
such regulations as may be provided by law. The regents, trustees, or
commissioners of all such institutions existing at the time of the adoption
of this Constitution, and of such as shall thereafter be established by law,
shall be appointed by the governor, by and with the advice and consent of
the senate; and upon all nominations made by the governor, the question
shall be taken by ayes and noes, and entered upon the journal.
Article XIV
SEAT OF GOVERNMENT
§ 1 STATE CAPITAL, LOCATION OF. The
legislature shall have no power to change, or to locate the
seat of government of this state; but the question of the
permanent location of the seat of government of the state
shall be submitted to the qualified electors of the Territory,
at the election to be held for the adoption of this Constitution. A majority of all the votes cast at said election, upon
said question, shall be necessary to determine the permanent
location of the seat of government for the state; and no place
shall ever be the seat of government which shall not receive
a majority of the votes cast on that matter. In case there
shall be no choice of location at said first election the
legislature shall, at its first regular session after the adoption
of this Constitution, provide for submitting to the qualified
electors of the state, at the next succeeding general election
thereafter, the question of choice of location between the
[Vol. 0 RCW—page 64]
three places for which the highest number of votes shall
have been cast at the said first election. Said legislature
shall provide further that in case there shall be no choice of
location at said second election, the question of choice
between the two places for which the highest number of
votes shall have been cast, shall be submitted in like manner
to the qualified electors of the state at the next ensuing
general election: Provided, That until the seat of government shall have been permanently located as herein provided, the temporary location thereof shall remain at the city of
Olympia.
§ 2 CHANGE OF STATE CAPITAL. When the
seat of government shall have been located as herein
provided, the location thereof shall not thereafter be changed
except by a vote of two-thirds of all the qualified electors of
the state voting on that question, at a general election, at
which the question of location of the seat of government
shall have been submitted by the legislature.
Governmental continuity during emergency periods: Art. 2 § 42.
§ 3 RESTRICTIONS ON APPROPRIATIONS
FOR CAPITOL BUILDINGS. The legislature shall make
no appropriations or expenditures for capitol buildings or
grounds, except to keep the Territorial capitol buildings and
grounds in repair, and for making all necessary additions
thereto, until the seat of government shall have been permanently located, and the public buildings are erected at the
permanent capital in pursuance of law.
Article XV
HARBORS AND TIDE WATERS
§ 1 HARBOR LINE COMMISSION AND RESTRAINT ON DISPOSITION. The legislature shall
provide for the appointment of a commission whose duty it
shall be to locate and establish harbor lines in the navigable
waters of all harbors, estuaries, bays and inlets of this state,
wherever such navigable waters lie within or in front of the
corporate limits of any city, or within one mile thereof on
either side. Any harbor line so located or established may
thereafter be changed, relocated or reestablished by the
commission pursuant to such provision as may be made
therefor by the legislature. The state shall never give, sell or
lease to any private person, corporation, or association any
rights whatever in the waters beyond such harbor lines, nor
shall any of the area lying between any harbor line and the
line of ordinary high water, and within not less than fifty
feet nor more than two thousand feet of such harbor line (as
the commission shall determine) be sold or granted by the
state, nor its rights to control the same relinquished, but such
area shall be forever reserved for landings, wharves, streets,
and other conveniences of navigation and commerce.
[AMENDMENT 15, 1931 p 417 § 1. Approved November,
1932.]
Tide lands: Art. 17.
Original text—Art. 15 § 1 HARBOR LINE COMMISSION AND
RESTRAINT ON DISPOSITION OF CERTAIN TIDE LANDS — The
legislature shall provide for the appointment of a commission whose duty
it shall be to locate and establish harbor lines in the navigable waters of
all harbors, estuaries, bays and inlets of this state, wherever such navigable
waters lie within or in front of the corporate limits of any city or within one
mile thereof on either side. The state shall never give, sell or lease to any
private person, corporation or association any rights whatever in the waters
(2004 Ed.)
Constitution of the State of Washington
beyond such harbor lines, nor shall any of the area lying between any
harbor line and the line of ordinary high tide, and within not less than fifty
feet nor more than six hundred feet of such harbor line (as the commission
shall determine) be sold or granted by the state, nor its right to control the
same relinquished, but such area shall be forever reserved for landings,
wharves, streets and other conveniences of navigation and commerce.
§ 2
LEASING AND MAINTENANCE OF
WHARVES, DOCKS, ETC. The legislature shall provide
general laws for the leasing of the right to build and maintain wharves, docks and other structures, upon the areas
mentioned in section one of this article, but no lease shall be
made for any term longer than thirty years, or the legislature
may provide by general laws for the building and maintaining upon such area wharves, docks, and other structures.
§ 3 EXTENSION OF STREETS OVER TIDE
LANDS. Municipal corporations shall have the right to
extend their streets over intervening tide lands to and across
the area reserved as herein provided.
Article XVI
SCHOOL AND GRANTED LANDS
§ 1 DISPOSITION OF. All the public lands granted
to the state are held in trust for all the people and none of
such lands, nor any estate or interest therein, shall ever be
disposed of unless the full market value of the estate or
interest disposed of, to be ascertained in such manner as may
be provided by law, be paid or safely secured to the state;
nor shall any lands which the state holds by grant from the
United States (in any case in which the manner of disposal
and minimum price are so prescribed) be disposed of except
in the manner and for at least the price prescribed in the
grant thereof, without the consent of the United States.
§ 2 MANNER AND TERMS OF SALE. None of
the lands granted to the state for educational purposes shall
be sold otherwise than at public auction to the highest
bidder, the value thereof, less the improvements shall, before
any sale, be appraised by a board of appraisers to be
provided by law, the terms of payment also to be prescribed
by law, and no sale shall be valid unless the sum bid be
equal to the appraised value of said land. In estimating the
value of such lands for disposal, the value of the improvements thereon shall be excluded: Provided, That the sale of
all school and university land heretofore made by the
commissioners of any county or the university commissioners when the purchase price has been paid in good faith,
may be confirmed by the legislature.
§ 3 LIMITATIONS ON SALES. No more than
one-fourth of the land granted to the state for educational
purposes shall be sold prior to January 1, 1895, and not
more than one-half prior to January 1, 1905: provided, that
nothing herein shall be so construed as to prevent the state
from selling the timber or stone off of any of the state lands
in such manner and on such terms as may be prescribed by
law: and provided, further, that no sale of timber lands shall
be valid unless the full value of such lands is paid or secured
to the state.
§ 4 HOW MUCH MAY BE OFFERED IN CERTAIN CASES — PLATTING OF. No more than one
(2004 Ed.)
Article XV § 1
hundred and sixty (160) acres of any granted lands of the
state shall be offered for sale in one parcel, and all lands
within the limits of any incorporated city or within two miles
of the boundary of any incorporated city where the valuation
of such land shall be found by appraisement to exceed one
hundred dollars ($100) per acre shall, before the same be
sold, be platted into lots and blocks of not more than five
acres in a block, and not more than one block shall be
offered for sale in one parcel.
§ 5 INVESTMENT OF PERMANENT COMMON
SCHOOL FUND. The permanent common school fund of
this state may be invested as authorized by law. [AMENDMENT 44, 1965 ex.s. Senate Joint Resolution No. 22, part
2, p 2817. Approved November 8, 1966.]
Amendment 1 (1894) — Art. 16 § 5 INVESTMENT OF SCHOOL
FUND — None of the permanent school fund of this state shall ever be
loaned to private persons or corporations, but it may be invested in
national, state, county, municipal or school district bonds. [AMENDMENT
1, 1893 p 9 § 1. Approved November, 1894.]
Original text — Art. 16 § 5 INVESTMENT OF PERMANENT
SCHOOL FUND — None of the permanent school fund shall ever be
loaned to private persons or corporations, but it may be invested in
national, state, county or municipal bonds.
Funds for support of education: Art. 9 § 3.
Article XVII
TIDE LANDS
§ 1 DECLARATION OF STATE OWNERSHIP.
The state of Washington asserts its ownership to the beds
and shores of all navigable waters in the state up to and
including the line of ordinary high tide, in waters where the
tide ebbs and flows, and up to and including the line of
ordinary high water within the banks of all navigable rivers
and lakes: Provided, that this section shall not be construed
so as to debar any person from asserting his claim to vested
rights in the courts of the state.
Harbors and tide waters: Art. 15.
§ 2 DISCLAIMER OF CERTAIN LANDS. The
state of Washington disclaims all title in and claim to all
tide, swamp and overflowed lands, patented by the United
States: Provided, the same is not impeached for fraud.
Article XVIII
STATE SEAL
§ 1 SEAL OF THE STATE. The seal of the State
of Washington shall be, a seal encircled with the words:
"The Seal of the State of Washington," with the vignette of
General George Washington as the central figure, and
beneath the vignette the figures "1889."
Custody of seal: Art. 3 § 18.
State seal: RCW 1.20.080.
Article XIX
EXEMPTIONS
§ 1 EXEMPTIONS — HOMESTEADS, ETC. The
legislature shall protect by law from forced sale a certain
portion of the homestead and other property of all heads of
families.
[Vol. 0 RCW—page 65]
Article XX § 1
Constitution of the State of Washington
Article XX
PUBLIC HEALTH AND VITAL STATISTICS
§ 1 BOARD OF HEALTH AND BUREAU OF
VITAL STATISTICS. There shall be established by law
a state board of health and a bureau of vital statistics in
connection therewith, with such powers as the legislature
may direct.
§ 2 REGULATIONS CONCERNING MEDICINE,
SURGERY AND PHARMACY. The legislature shall enact
laws to regulate the practice of medicine and surgery, and
the sale of drugs and medicines.
Article XXI
WATER AND WATER RIGHTS
§ 1 PUBLIC USE OF WATER. The use of the
waters of this state for irrigation, mining and manufacturing
purposes shall be deemed a public use.
Article XXII
LEGISLATIVE APPORTIONMENT
§ 1 SENATORIAL APPORTIONMENT. Until
otherwise provided by law, the state shall be divided into
twenty-four (24) senatorial districts, and said districts shall
be constituted and numbered as follows: The counties of
Stevens and Spokane shall constitute the first district, and be
entitled to one senator; the county of Spokane shall constitute the second district, and be entitled to three senators; the
county of Lincoln shall constitute the third district, and be
entitled to one senator; the counties of Okanogan, Lincoln,
Adams and Franklin shall constitute the fourth district, and
be entitled to one senator; the county of Whitman shall
constitute the fifth district, and be entitled to three senators;
the counties of Garfield and Asotin shall constitute the sixth
district, and be entitled to one senator; the county of Columbia shall constitute the seventh district, and be entitled to one
senator; the county of Walla Walla shall constitute the eighth
district, and be entitled to two senators; the counties of
Yakima and Douglas shall constitute the ninth district, and
be entitled to one senator; the county of Kittitas shall
constitute the tenth district and be entitled to one senator; the
counties of Klickitat, and Skamania shall constitute the
eleventh district, and be entitled to one senator; the county
of Clarke shall constitute the twelfth district, and be entitled
to one senator; the county of Cowlitz shall constitute the
thirteenth district, and be entitled to one senator; the county
of Lewis shall constitute the fourteenth district, and be
entitled to one senator; the counties of Pacific and
Wahkiakum shall constitute the fifteenth district, and be
entitled to one senator; the county of Thurston shall constitute the sixteenth district, and be entitled to one senator; the
county of Chehalis shall constitute the seventeenth district,
and be entitled to one senator; the county of Pierce shall
constitute the eighteenth district, and be entitled to three
senators; the county of King shall constitute the nineteenth
district, and be entitled to five senators; the counties of
Mason and Kitsap shall constitute the twentieth district, and
be entitled to one senator; the counties of Jefferson, Clallam
and San Juan shall constitute the twenty-first district, and be
entitled to one senator; the county of Snohomish shall
[Vol. 0 RCW—page 66]
constitute the twenty-second district, and shall be entitled to
one senator; the counties of Skagit and Island shall constitute
the twenty-third district, and be entitled to one senator; the
county of Whatcom shall constitute the twenty-fourth district,
and be entitled to one senator.
Districts and apportionment: Chapter 44.07D RCW.
§ 2 APPORTIONMENT OF REPRESENTATIVES.
Until otherwise provided by law the representatives shall be
divided among the several counties of the state in the
following manner; the county of Adams shall have one
representative; the county of Asotin shall have one representative; the county of Chehalis shall have two representatives;
the county of Clarke shall have three representatives; the
county of Clallam shall have one representative; the county
of Columbia shall have two representatives; the county of
Cowlitz shall have one representative; the county of Douglas
shall have one representative; the county of Franklin shall
have one representative; the county of Garfield shall have
one representative; the county of Island shall have one
representative; the county of Jefferson shall have two
representatives; the county of King shall have eight representatives; the county of Klickitat shall have two representatives; the county of Kittitas shall have two representatives;
the county of Kitsap shall have one representative; the
county of Lewis shall have two representatives; the county
of Lincoln shall have two representatives; the county of
Mason shall have one representative; the county of
Okanogan shall have one representative; the county of
Pacific shall have one representative; the county of Pierce
shall have six representatives; the county of San Juan shall
have one representative; the county of Skamania shall have
one representative; the county of Snohomish shall have two
representatives; the county of Skagit shall have two representatives; the county of Spokane shall have six representatives;
the county of Stevens shall have one representative; the
county of Thurston shall have two representatives; the
county of Walla Walla shall have three representatives; the
county of Wahkiakum shall have one representative; the
county of Whatcom shall have two representatives; the
county of Whitman shall have five representatives; the
county of Yakima shall have one representative.
Districts and apportionment: Chapter 44.07D RCW.
Article XXIII
AMENDMENTS
§ 1 HOW MADE. Any amendment or amendments
to this Constitution may be proposed in either branch of the
legislature; and if the same shall be agreed to by two-thirds
of the members elected to each of the two houses, such
proposed amendment or amendments shall be entered on
their journals, with the ayes and noes thereon, and be
submitted to the qualified electors of the state for their
approval, at the next general election; and if the people
approve and ratify such amendment or amendments, by a
majority of the electors voting thereon, the same shall
become part of this Constitution, and proclamation thereof
shall be made by the governor: Provided, That if more than
one amendment be submitted, they shall be submitted in
such a manner that the people may vote for or against such
amendments separately. The legislature shall also cause
(2004 Ed.)
Constitution of the State of Washington
notice of the amendments that are to be submitted to the
people to be published at least four times during the four
weeks next preceding the election in every legal newspaper
in the state: Provided, That failure of any newspaper to
publish this notice shall not be interpreted as affecting the
outcome of the election. [AMENDMENT 37, 1961 Senate
Joint Resolution No. 25, p 2753. Approved November,
1962.]
Original text — Art. 23 § 1 HOW MADE — Any amendment or
amendments to this Constitution may be proposed in either branch of the
legislature; and if the same shall be agreed to by two-thirds of the members
elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the ayes and noes thereon,
and be submitted to the qualified electors of the state for their approval, at
the next general election; and if the people approve and ratify such
amendment or amendments, by a majority of the electors voting thereon, the
same shall become part of this Constitution, and proclamation thereof shall
be made by the governor: Provided, that if more than one amendment be
submitted, they shall be submitted in such a manner that the people may
vote for or against such amendments separately. The legislature shall also
cause the amendments that are to be submitted to the people to be published
for at least three months next preceding the election, in some weekly
newspaper, in every county where a newspaper is published throughout the
state.
§ 2 CONSTITUTIONAL CONVENTIONS. Whenever two-thirds of the members elected to each branch of the
legislature shall deem it necessary to call a convention to
revise or amend this Constitution, they shall recommend to
the electors to vote at the next general election, for or
against a convention, and if a majority of all the electors
voting at said election shall have voted for a convention, the
legislature shall at the next session, provide by law for
calling the same; and such convention shall consist of a
number of members, not less than that of the most numerous
branch of the legislature.
§ 3 SUBMISSION TO THE PEOPLE. Any Constitution adopted by such convention shall have no validity
until it has been submitted to and adopted by the people.
Article XXIV
BOUNDARIES
§ 1 STATE BOUNDARIES. The boundaries of the
state of Washington shall be as follows: Beginning at a
point in the Pacific ocean one marine league due west of and
opposite the middle of the mouth of the north ship channel
of the Columbia river thence running easterly to and up the
middle channel of said river and where it is divided by
islands up the middle of the widest channel thereof to where
the forty-sixth parallel of north latitude crosses said river
near the mouth of the Walla Walla river; thence east on said
forty-sixth parallel of latitude to the middle of the main
channel of Shoshone or Snake river, thence follow down the
middle of the main channel of Snake river to a point
opposite the mouth of the Kooskooskia or Clear Water river,
thence due north to the forty-ninth parallel of north latitude,
thence west along said forty-ninth parallel of north latitude
to the middle of the channel which separates Vancouver’s
island from the continent, that is to say to a point in longitude 123 degrees, 19 minutes and 15 seconds west, thence
following the boundary line between the United States and
British possessions through the channel which separates
Vancouver’s island from the continent to the termination of
(2004 Ed.)
Article XXIII § 1
the boundary line between the United States and British
possessions at a point in the Pacific ocean equidistant
between Bonnilla point on Vancouver’s island and Tatoosh
island light house, thence running in a southerly course and
parallel with the coast line, keeping one marine league off
shore to place of beginning; until such boundaries are
modified by appropriate interstate compacts duly approved
by the Congress of the United States. [AMENDMENT 33,
1957 Senate Joint Resolution No. 10, p 1292. Approved
November 4, 1958.]
Original text—Art. 24 § 1 STATE BOUNDARIES — The boundaries of the State of Washington shall be as follows: Beginning at a point
in the Pacific ocean one marine league due west of and opposite the middle
of the mouth of the north ship channel of the Columbia river thence running
easterly to and up the middle channel of said river and where it is divided
by islands up the middle of the widest channel thereof to where the
forty-sixth parallel of north latitude crosses said river near the mouth of the
Walla Walla river; thence east on said forty-sixth parallel of latitude to the
middle of the main channel of the Shoshone or Snake river, thence follow
down the middle of the main channel of Snake river to a point opposite the
mouth of the Kooskooskia or Clear Water river, thence due north to the
forty-ninth parallel of north latitude, thence west along said forty-ninth
parallel of north latitude to the middle of the channel which separates
Vancouver’s island from the continent, that is to say to a point in longitude
123 degrees, 19 minutes and 15 seconds west, thence following the
boundary line between the United States and British possessions through the
channel which separates Vancouver’s island from the continent to the
termination of the boundary line between the United States and British
possessions at a point in the Pacific ocean equi distant between Bonnilla
point on Vancouver’s island and Tatoosh island light house, thence running
in a southerly course and parallel with the coast line, keeping one marine
league off shore to place of beginning.
Article XXV
JURISDICTION
§ 1 AUTHORITY OF THE UNITED STATES.
The consent of the State of Washington is hereby given to
the exercise, by the congress of the United States, of
exclusive legislation in all cases whatsoever over such tracts
or parcels of land as are now held or reserved by the government of the United States for the purpose of erecting or
maintaining thereon forts, magazines, arsenals, dockyards,
lighthouses and other needful buildings, in accordance with
the provisions of the seventeenth paragraph of the eighth
section of the first article of the Constitution of the United
States, so long as the same shall be so held and reserved by
the United States. Provided: That a sufficient description
by metes and bounds, and an accurate plat or map of each
such tract or parcel of land be filed in the proper office of
record in the county in which the same is situated, together
with copies of the orders, deeds, patents or other evidences
in writing of the title of the United States: and provided,
That all civil process issued from the courts of this state and
such criminal process as may issue under the authority of
this state against any person charged with crime in cases
arising outside of such reservations, may be served and
executed thereon in the same mode and manner, and by the
same officers, as if the consent herein given had not been
made.
Article XXVI
COMPACT WITH THE UNITED STATES
The following ordinance shall be irrevocable without the
consent of the United States and the people of this state:
[Vol. 0 RCW—page 67]
Article XXVI
Constitution of the State of Washington
First. That perfect toleration of religious sentiment
shall be secured and that no inhabitant of this state shall ever
be molested in person or property on account of his or her
mode of religious worship.
Second. That the people inhabiting this state do agree
and declare that they forever disclaim all right and title to
the unappropriated public lands lying with the boundaries of
this state, and to all lands lying within said limits owned or
held by any Indian or Indian tribes; and that until the title
thereto shall have been extinguished by the United States,
the same shall be and remain subject to the disposition of the
United States, and said Indian lands shall remain under the
absolute jurisdiction and control of the congress of the
United States and that the lands belonging to citizens of the
United States residing without the limits of this state shall
never be taxed at a higher rate than the lands belonging to
residents thereof; and that no taxes shall be imposed by the
state on lands or property therein, belonging to or which may
be hereafter purchased by the United States or reserved for
use: Provided, That nothing in this ordinance shall preclude
the state from taxing as other lands are taxed any lands
owned or held by any Indian who has severed his tribal
relations, and has obtained from the United States or from
any person a title thereto by patent or other grant, save and
except such lands as have been or may be granted to any
Indian or Indians under any act of congress containing a
provision exempting the lands thus granted from taxation,
which exemption shall continue so long and to such an
extent as such act of congress may prescribe.
Third. The debts and liabilities of the Territory of
Washington and payment of the same are hereby assumed by
this state.
Fourth. Provision shall be made for the establishment
and maintenance of systems of public schools free from
sectarian control which shall be open to all the children of
said state.
Article XXVII
SCHEDULE
In order that no inconvenience may arise by reason of a
change from a Territorial to a State government, it is hereby
declared and ordained as follows:
§ 1 EXISTING RIGHTS, ACTIONS, AND CONTRACTS SAVED. No existing rights, actions, suits,
proceedings, contracts or claims shall be affected by a
change in the form of government, but all shall continue as
if no such change had taken place; and all process which
may have been issued under the authority of the Territory of
Washington previous to its admission into the Union shall be
as valid as if issued in the name of the state.
§ 2 LAWS IN FORCE CONTINUED. All laws
now in force in the Territory of Washington, which are not
repugnant to this Constitution, shall remain in force until
they expire by their own limitation, or are altered or repealed
by the legislature: Provided, That this section shall not be
so construed as to validate any act of the legislature of
Washington Territory granting shore or tide lands to any
person, company or any municipal or private corporation.
[Vol. 0 RCW—page 68]
§ 3 DEBTS, FINES, ETC., TO INURE TO THE
STATE. All debts, fines, penalties and forfeitures, which
have accrued, or may hereafter accrue, to the Territory of
Washington, shall inure to the State of Washington.
§ 4 RECOGNIZANCES. All recognizances heretofore taken, or which may be taken before the change from
a territorial to a state government shall remain valid, and
shall pass to, and may be prosecuted in the name of the
state; and all bonds executed to the Territory of Washington
or to any county or municipal corporation, or to any officer
or court in his or its official capacity, shall pass to the state
authorities and their successors in office, for the uses therein
expressed, and may be sued for and recovered accordingly,
and all the estate, real, personal and mixed, and all judgments decrees, bonds, specialties, choses in action, and
claims or debts, of whatever description, belonging to the
Territory of Washington, shall inure to and vest in the State
of Washington, and may be sued for and recovered in the
same manner, and to the same extent, by the State of
Washington, as the same could have been by the Territory
of Washington.
§ 5 CRIMINAL PROSECUTIONS AND PENAL
ACTIONS. All criminal prosecutions and penal actions
which may have arisen, or which may arise, before the
change from a territorial to a state government, and which
shall then be pending, shall be prosecuted to judgment, and
execution in the name of the state. All offenses committed
against the laws of the Territory of Washington, before the
change from a territorial to a state government, and which
shall not be prosecuted before such change, may be prosecuted in the name and by the authority of the State of
Washington, with like effect as though such change had not
taken place; and all penalties incurred shall remain the same
as if this Constitution had not been adopted. All actions at
law and suits in equity which may be pending in any of the
courts of the Territory of Washington, at the time of the
change from a territorial to a state government, shall be
continued, and transferred to the court of the state having
jurisdiction of the subject matter thereof.
§ 6 RETENTION OF TERRITORIAL OFFICERS.
All officers now holding their office under the authority of
the United States, or of the Territory of Washington, shall
continue to hold and exercise their respective offices until
they shall be superseded by the authority of the state.
§ 7 CONSTITUTIONAL OFFICERS, WHEN
ELECTED. All officers provided for in this Constitution
including a county clerk for each county when no other time
is fixed for their election, shall be elected at the election to
be held for the adoption of this Constitution on the first
Tuesday of October, 1889.
§ 8 CHANGE OF COURTS — TRANSFER OF
CAUSES. Whenever the judge of the superior court of any
county, elected or appointed under the provisions of this
Constitution shall have qualified the several causes then
pending in the district court of the territory except such
causes as would have been within the exclusive jurisdiction
of the United States district court had such court existed at
(2004 Ed.)
Constitution of the State of Washington
the time of the commencement of such causes, within such
county, and the records, papers and proceedings of said
district court, and the seal and other property pertaining
thereto, shall pass into the jurisdiction and possession of the
superior court for such county. And where the same judge
is elected for two or more counties, it shall be the duty of
the clerk of the district court having custody of such papers
and records to transmit to the clerk of such county, or
counties, other than that in which such records are kept the
original papers in all cases pending in such district court and
belonging to the jurisdiction of such county or counties
together with transcript of so much of the records of said
district court as relate to the same; and until the district
courts of the Territory shall be superseded in manner
aforesaid, the said district courts and the judges thereof, shall
continue with the same jurisdiction and powers, to be
exercised in the same judicial districts respectively, as
heretofore constituted under the laws of the Territory.
Whenever a quorum of the judges of the supreme court of
the state shall have been elected and qualified, the causes
then pending in the supreme court of the Territory, except
such causes as would have been within the exclusive
jurisdiction of the United States, circuit court had such court
existed at the time of the commencement of such causes, and
the papers, records and proceedings of said court and the
seal and other property pertaining thereto, shall pass into the
jurisdiction and possession of the supreme court of the state,
and until so superseded, the supreme court of the Territory
and the judges thereof, shall continue with like powers and
jurisdiction as if this Constitution had not been adopted.
§ 9 SEALS OF COURTS AND MUNICIPALITIES.
Until otherwise provided by law, the seal now in use in the
supreme court of the Territory shall be the seal of the
supreme court of the state. The seals of the superior courts
of the several counties of the state shall be, until otherwise
provided by law, the vignette of General George Washington
with the words: "Seal of the Superior Court of _ _ _ _ _
county" surrounding the vignette. The seal of municipalities,
and of all county officers of the Territory, shall be the seals
of such municipalities, and county officers respectively under
the state, until otherwise provided by law.
§ 10 PROBATE COURT, TRANSFER OF. When
the state is admitted into the Union, and the superior courts
in the respective counties organized, the books, records,
papers and proceedings of the probate court in each county,
and all causes and matters of administration pending therein,
shall, upon the expiration of the term of office of the probate
judges, on the second Monday in January, 1891, pass into
the jurisdiction and possession of the superior court of the
same county created by this Constitution, and the said court
shall proceed to final judgment or decree, order or other
determination in the several matters and causes, as the
territorial probate court might have done, if this Constitution
had not been adopted. And until the expiration of the term
of office of the probate judges, such probate judges shall
perform the duties now imposed upon them by the laws of
the Territory. The superior courts shall have appellate and
revisory jurisdiction over the decisions of the probate courts,
as now provided by law, until such latter courts expire by
limitation.
(2004 Ed.)
Article XXVII § 8
§ 11 DUTIES OF FIRST LEGISLATURE. The
legislature, at its first session, shall provide for the election
of all officers whose election is not provided for elsewhere
in this Constitution, and fix the time for the commencement
and duration of their term.
§ 12 ELECTION CONTESTS FOR SUPERIOR
JUDGES, HOW DECIDED. In case of a contest of
election between candidates, at the first general election
under this Constitution, for judges of the superior courts, the
evidence shall be taken in the manner prescribed by the
Territorial laws, and the testimony so taken shall be certified
to the secretary of state; and said officer, together with the
governor and treasurer of state, shall review the evidence
and determine who is entitled to the certificate of election.
§ 13 REPRESENTATION IN CONGRESS. [Repealed by AMENDMENT 74, 1983 Substitute Senate Joint
Resolution No. 103. Approved November 8, 1983.]
Original text — Art. 27 § 13 REPRESENTATION IN
CONGRESS — One representative in the congress of the United States
shall be elected from the state at large, at the first election provided for in
this Constitution; and, thereafter, at such times and places, and in such
manner, as may be prescribed by law. When a new apportionment shall be
made by congress, the legislature shall divide the state into congressional
districts, in accordance with such apportionment. The vote cast for
representative in congress, at the first election, shall be canvassed, and the
result determined in the manner provided for by the laws of the Territory
for the canvass of the vote for delegate in congress.
§ 14 DURATION OF TERM OF CERTAIN OFFICERS. All district, county and precinct officers, who may
be in office at the time of the adoption of this Constitution,
and the county clerk of each county elected at the first
election, shall hold their respective offices until the second
Monday of January, A. D., 1891, and until such time as their
successors may be elected and qualified, in accordance with
the provisions of this Constitution; and the official bonds of
all such officers shall continue in full force and effect as
though this Constitution had not been adopted. And such
officers shall continue to receive the compensation now
provided, until the same be changed by law.
§ 15 ELECTION ON ADOPTION OF CONSTITUTION, HOW TO BE CONDUCTED. The election held at
the time of the adoption of this Constitution shall be held
and conducted in all respects according to the laws of the
Territory, and the votes cast at said election for all officers
(where no other provisions are made in this Constitution),
and for the adoption of this Constitution and the several
separate articles and the location of the state capital, shall be
canvassed and returned in the several counties in the manner
provided by Territorial law, and shall be returned to the
secretary of the Territory in the manner provided by the
Enabling Act.
§ 16 WHEN CONSTITUTION TO TAKE EFFECT. The provisions of this Constitution shall be in force
from the day on which the president of the United States
shall issue his proclamation declaring the State of Washington admitted into the Union, and the terms of all officers
elected at the first election under the provisions of this
Constitution shall commence on the Monday next succeeding
[Vol. 0 RCW—page 69]
Article XXVII § 16
Constitution of the State of Washington
the issue of said proclamation, unless otherwise provided
herein.
§ 17 SEPARATE ARTICLES. The following
separate articles shall be submitted to the people for adoption
or rejection at the election for the adoption of this Constitution:
SEPARATE ARTICLE, NO. 1
"All persons male and female of the age of twenty-one
years or over, possessing the other qualifications, provided
by this Constitution, shall be entitled to vote at all elections."
SEPARATE ARTICLE, NO. 2
"It shall not be lawful for any individual, company or
corporation, within the limits of this state, to manufacture, or
cause to be manufactured, or to sell, or offer for sale, or in
any manner dispose of any alcoholic, malt or spirituous
liquors, except for medicinal, sacramental or scientific
purposes."
If a majority of the ballots cast at said election on said
separate articles be in favor of the adoption of either of said
separate articles, then such separate article so receiving a
majority shall become a part of this Constitution and shall
govern and control any provision of the Constitution in
conflict therewith.
§ 18 BALLOT. The form of ballot to be used in
voting for or against this Constitution, or for or against the
separate articles, or for the permanent location of the seat of
government, shall be:
1.
For the Constitution _ _ _ _ _ _ _ _
Against the Constitution _ _ _ _ _ _ _ _ _
2.
For Woman Suffrage Article _ _ _ _ _ _ _ _
Against Woman Suffrage Article _ _ _ _ _ _
3.
For Prohibition Article _ _ _ _ _ _ _ _ _ _
Against Prohibition Article _ _ _ _ _ _ _ _ _
4.
For the Permanent Location of the Seat of
Government (Name of place voted for) _ _ _ _
The result of the election was against both woman suffrage and prohibition.
§ 19 APPROPRIATION. The legislature is hereby
authorized to appropriate from the state treasury sufficient
money to pay any of the expenses of this convention not
provided for by the Enabling Act of Congress.
Article XXVIII
COMPENSATION OF STATE OFFICERS
§ 1 SALARIES FOR LEGISLATURE, ELECTED
STATE OFFICIALS, AND JUDGES — INDEPENDENT
COMMISSION — REFERENDUM. Salaries for members
of the legislature, elected officials of the executive branch of
state government, and judges of the state’s supreme court,
court of appeals, superior courts, and district courts shall be
fixed by an independent commission created and directed by
law to that purpose. No state official, public employee, or
person required by law to register with a state agency as a
lobbyist, or immediate family member of the official,
employee, or lobbyist, may be a member of that commission.
As used in this section the phrase "immediate family"
has the meaning that is defined by law.
[Vol. 0 RCW—page 70]
Any change of salary shall be filed with the secretary of
state and shall become law ninety days thereafter without
action of the legislature or governor, but shall be subject to
referendum petition by the people, filed within the
ninety-day period. Referendum measures under this section
shall be submitted to the people at the next following general
election, and shall be otherwise governed by the provisions
of this Constitution generally applicable to referendum
measures. The salaries fixed pursuant to this section shall
supersede any other provision for the salaries of members of
the legislature, elected officials of the executive branch of
state government, and judges of the state’s supreme court,
court of appeals, superior courts, and district courts. The
salaries for such officials in effect on January 12, 1987, shall
remain in effect until changed pursuant to this section.
After the initial adoption of a law by the legislature
creating the independent commission, no amendment to such
act which alters the composition of the commission shall be
valid unless the amendment is enacted by a favorable vote
of two-thirds of the members elected to each house of the
legislature and is subject to referendum petition.
The provisions of section 14 of Article IV, sections 14,
16, 17, 19, 20, 21, and 22 of Article III, and section 23 of
Article II, insofar as they are inconsistent herewith, are
hereby superseded. The provisions of section 1 of Article II
relating to referendum procedures, insofar as they are
inconsistent herewith, are hereby superseded with regard to
the salaries governed by this section. [AMENDMENT 78,
1986 Substitute House Joint Resolution No. 49, p 1529.
Approved November 4, 1986.]
Authorizing compensation increase during term: Art. 30 § 1.
Amendment 20 (1948) — Art. 28 § 1 COMPENSATION OF
STATE OFFICERS — All elected state officials shall each severally
receive such compensation as the legislature may direct. The compensation
of any state officer shall not be increased or diminished during his term of
office, except that the legislature, at its thirty-first regular session, may
increase or diminish the compensation of all state officers whose terms exist
on the Thursday after the second Monday in January, 1949.
The provisions of sections 14, 16, 17, 19, 20, 21, and 22 of Article III
and section 23 of Article II in so far as they are inconsistent herewith, are
hereby repealed. [AMENDMENT 20, 1947 Senate Joint Resolution No. 4,
p 1371. Approved November 2, 1948.]
Article XXIX
INVESTMENTS OF PUBLIC PENSION AND
RETIREMENT FUNDS
§ 1 MAY BE INVESTED AS AUTHORIZED BY
LAW. Notwithstanding the provisions of sections 5, and 7
of Article VIII and section 9 of Article XII or any other
section or article of the Constitution of the state of
Washington, the moneys of any public pension or retirement
fund, industrial insurance trust fund, or fund held in trust for
the benefit of persons with developmental disabilities may be
invested as authorized by law. [AMENDMENT 93, 2000
Senate Joint Resolution No. 8214, p 1919. Approved
November 7, 2000.]
Amendment 75 (1985) — Art. 29 § 1 MAY BE INVESTED AS
AUTHORIZED BY LAW — Notwithstanding the provisions of sections
5, and 7 of Article VIII and section 9 of Article XII or any other section or
article of the Constitution of the state of Washington, the moneys of any
public pension or retirement fund or industrial insurance trust fund may be
invested as authorized by law. [AMENDMENT 75, 1985 House Joint
Resolution No. 12, p 2398. Approved November 5, 1985.]
(2004 Ed.)
Constitution of the State of Washington
Amendment 49 (1968) — Art. 29 § 1 MAY BE INVESTED AS
AUTHORIZED BY LAW — Notwithstanding the provisions of sections
5, and 7 of Article VIII and section 9 of Article XII or any other section or
article of the Constitution of the state of Washington, the moneys of any
public pension or retirement fund may be invested as authorized by law.
[AMENDMENT 49, 1967 Senate Joint Resolution No. 5; see 1969 p 2975.
Approved November 5, 1968.]
Article XXX
COMPENSATION OF PUBLIC OFFICERS
§ 1 AUTHORIZING COMPENSATION INCREASE DURING TERM. The compensation of all
elective and appointive state, county, and municipal officers
who do not fix their own compensation, including judges of
courts of record and the justice courts may be increased
during their terms of office to the end that such officers and
judges shall each severally receive compensation for their
services in accordance with the law in effect at the time the
services are being rendered.
The provisions of section 25 of Article II (Amendment
35), section 25 of Article III (Amendment 31), section 13 of
Article IV, section 8 of Article XI, and section 1 of Article
XXVIII (Amendment 20) insofar as they are inconsistent
herewith are hereby repealed. [AMENDMENT 54, 1967
House Joint Resolution No. 13; see 1969 p 2976. Approved
November 5, 1968.]
Reviser’s note: (1) Amendment 49 (1967 SJR No. 5) and Amendment 54 (1967 HJR No. 13) each added a new Article XXIX to the
Constitution. Amendment 49 is carried herein as Article XXIX while
Amendment 54 has been herein redesignated as Article XXX.
(2) The name of this Article has been supplied by the reviser.
Article XXXI
SEX EQUALITY — RIGHTS AND
RESPONSIBILITIES
§ 1 EQUALITY NOT DENIED BECAUSE OF
SEX. Equality of rights and responsibility under the law
shall not be denied or abridged on account of sex.
§ 2 ENFORCEMENT POWER OF LEGISLATURE. The legislature shall have the power to enforce, by
appropriate legislation, the provisions of this article.
[AMENDMENT 61, 1972 House Joint Resolution No. 61,
p 526. Approved November, 1972.]
Article XXIX § 1
(b) Nonrecourse revenue bonds and other nonrecourse
revenue obligations issued pursuant to this section shall not
be payable from or secured by any tax funds or governmental revenue or by all or part of the faith and credit of the
state or any unit of local government.
(c) Nonrecourse revenue bonds or other nonrecourse
revenue obligations issued pursuant to this section may be
issued only if the issuer certifies that it reasonably believes
that the interest paid on the bonds or obligations will be
exempt from income taxation by the federal government.
(d) Nonrecourse revenue bonds or other nonrecourse
revenue obligations may only be used to finance industrial
development projects as defined in legislation.
(e) The state, counties, cities, towns, port districts, or
public corporations established thereby, shall never exercise
their respective attributes of sovereignty, including but not
limited to, the power to tax, the power of eminent domain,
and the police power on behalf of any industrial development project authorized pursuant to this section.
After the initial adoption of a law by the legislature
authorizing the issuance of nonrecourse revenue bonds or
other nonrecourse revenue obligations, no amendment to
such act which expands the definition of industrial development project shall be valid unless the amendment is enacted
by a favorable vote of three-fifths of the members elected to
each house of the legislature and is subject to referendum
petition.
Sections 5 and 7 of Article VIII and section 9 of Article
XII shall not be construed as a limitation upon the authority
granted by this section. The proceeds of revenue bonds and
other revenue obligations issued pursuant to this section for
the purpose of financing privately owned property or loans
to private persons or corporations shall be subject to audit by
the state but shall not otherwise be deemed to be public
money or public property for purposes of this Constitution.
This section is supplemental to and shall not be construed as
a repeal of or limitation on any other authority lawfully
exercisable under the Constitution and laws of this state,
including, among others, any existing authority to issue
revenue bonds. [AMENDMENT 73, 1981 Substitute House
Joint Resolution No. 7, p 1794. Approved November 3,
1981.]
The name of this Article has been supplied by the reviser.
The name of this Article and the captions have been supplied by the reviser.
CERTIFICATE
Article XXXII
SPECIAL REVENUE FINANCING
§ 1 SPECIAL REVENUE FINANCING. The
legislature may enact laws authorizing the state, counties,
cities, towns, port districts, or public corporations established
thereby to issue nonrecourse revenue bonds or other nonrecourse revenue obligations and to apply the proceeds thereof
in the manner and for the purposes heretofore or hereafter
authorized by law, subject to the following limitations:
(a) Nonrecourse revenue bonds and other nonrecourse
revenue obligations issued pursuant to this section shall be
payable only from money or other property received as a
result of projects financed by the nonrecourse revenue bonds
or other nonrecourse revenue obligations and from money
and other property received from private sources.
(2004 Ed.)
We, the undersigned, members of the convention to
form a Constitution for the State of Washington; which is to
be submitted to the people for their adoption or rejection, do
hereby declare this to be the Constitution formed by us, and
in testimony thereof, do hereunto set our hands, this
twenty-second day of August Anno Domini, one thousand
eight hundred and eighty-nine.
John P. Hoyt,
President
J. J. Browne
N. G. Blalock
John F. Gowey
Frank M. Dallam
James Z. Moore
E. H. Sullivan
George Turner
Austin Mires
M. M. Godman
Edward Eldridge
George H. Stevenson
Louis Sohns
A. A. Lindsley
J. J. Weisenburger
P. C. Sullivan
R. S. More
Thomas T. Minor
J. J. Travis
Arnold J. West
Charles T. Fay
[Vol. 0 RCW—page 71]
Article XXXII § 1
Constitution of the State of Washington
Gwin Hicks
Wm. F. Prosser
C. H. Warner
J. P. T. McCroskey
S. G. Cosgrove
Thos. Hayton
Charles P. Coey
Robert F. Sturdevant
John A. Shoudy
Allen Weir
W. B. Gray
Trusten P. Dyer
Geo. H. Jones
B. L. Sharpstein
H. M. Lillis
James A. Burk
John McReavy
R. O. Dunbar
Morgan Morgans
Jas. Power
B. B. Glascock
O. A. Bowen
Sam’l H. Berry
D. J. Crowley
J. T. McDonald
John M. Reed
George W. Tibbetts
H. W. Fairweather
Thomas C. Griffitts
J. F. Van Name
Albert Schooley
H. C. Willison
T. M. Reed
S. H. Manly
Richard Jeffs
Francis Henry
George Comegys
Oliver H. Joy
David E. Durie
D. Buchanan
John R. Kinnear
Sylvious A. Dickey
Henry Winsor
Theodore L. Stiles
Harrison Clothier
Matt. J. McElroy
J. T. Eshelman
Robert Jamieson
Hiram E. Allen
H. F. Suksdorf
J. C. Kellogg
J. A. Hungate
Attest: JNO. I. BOOGE, Chief Clerk.
The above names are not in the order in which subscribed to the
Constitution.
(B) Constitutional Amendments
(In Order of Adoption)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Art. 16 § 5
Art. 6 § 1
Art. 7 § 2
Investment of school fund.
Qualifications of voters.
(original) Taxation—Uniformity
and equality—Exemption.
Art. 1 § 11
Religious freedom.
Art. 6 § 1
Qualifications of electors.
Art. 3 § 10
Vacancy in office of governor.
Art. 2 § 1
Legislative powers, where vested.
Art. 1 §§ 33,34 Recall of elective officers.
Art. 1 § 16
Eminent domain.
Art. 1 § 22
Rights of the accused.
Art. 8 § 4
Moneys disbursed only by
appropriation.
Art. 11 § 5
County government.
Art. 2 § 15
Vacancies in legislature.
Art. 7 § 1
Taxation (and repealing Art. 7 §§
1-4.)
Art. 15 § 1
Harbor line commission and
restraint on disposition.
Art. 12 § 11
Stockholder liability.
Art. 7 § 2
Forty mill limit.
Art. 2 § 40
Highway funds.
Art. 7 § 3
Taxation of federal agencies and
property.
Art. 28 § 1
Compensation of state officers.
Art. 11 § 4
County government and township
organization.
Art. 11 § 7
Tenure of office limited to two
terms. (Repealed.)
Art. 11 § 16
Combined city and county.
Art. 2 § 33
Alien ownership.
Art. 4 § 3(a)
Retirement of supreme court and
superior court judges.
[Vol. 0 RCW—page 72]
26
Art. 2 § 41
27
Art. 8 § 6
28
29
30
Art.
Art.
Art.
Art.
31
Art. 3 § 25
32
Art. 2 § 15
33
34
35
36
Art.
Art.
Art.
Art.
37
Art. 23 § 1
38
Art. 4 § 2(a)
39
Art. 2 § 42
40
41
42
Art. 11 § 10
Art. 4 § 29
43
44
Art. 9 § 3
Art. 16 § 5
45
Art. 8 § 8
46
Art. 6 § 1A
47
Art. 7 § 10
48
Art. 8 § 3
49
Art. 29 § 1
50
51
52
Art. 4 § 30
Art. 8 § 9
Art. 2 § 15
4
4
2
2
§
§
§
§
6
10
33
1(a)
24 § 1
1 § 11
2 § 25
2§ 1
Art. 11 § 6
53
54
Art. 7 § 11
Art. 30 § 1
55
56
57
Art. 7 § 2
Art. 2 § 24
Art. 11 §§ 5,8
58
59
60
Art. 11 § 16
Art. 7 § 2
Art. 8 §§ 1,3
Laws, effective date. Initiative,
referendum—Amendment or
repeal.
Limitations upon municipal
indebtedness.
Jurisdiction of superior courts.
Justices of the peace.
Alien ownership.
Initiative and referendum,
signatures required.
Qualifications, compensation,
offices which may be abolished.
Vacancies in legislature and in
partisan county elective office.
State boundaries.
Religious freedom.
Extra compensation prohibited.
Legislative powers, where vested
(publicity of laws referred to the
people).
(Amendments to Constitution) How
made.
Temporary performance of judicial
duties.
Governmental continuity during
emergency periods.
Incorporation of municipalities.
Election of superior court judges.
(Repeals Art. 2 § 33 and
Amendments 24 and 29.)
(Schools) Funds for support.
Investment of permanent common
school fund.
Port expenditures—Industrial
development—Promotion.
Voter qualifications for presidential
elections.
Retired persons property tax
exemption.
Special indebtedness, how
authorized.
(Investments of public pension and
retirement funds.) May be
invested as authorized by law.
Court of appeals.
State building authority.
Vacancies in legislature and in
partisan county elective office.
Vacancies in township, precinct or
road district offices.
Taxation based on actual use.
(Compensation of public officers.)
Authorizing compensation
increase during term.
Limitation on levies.
Lotteries and divorce.
County government. Salaries and
limitations affecting.
Combined city-county.
Limitation on levies.
State debt. Special indebtedness,
how authorized.
(2004 Ed.)
Constitutional Amendments
61
Art. 31 §§ 1,2
62
63
64
65
66
67
Art.
Art.
Art.
Art.
Art.
Art.
Art.
68
69
Art. 2 § 12
Art. 2 § 13
70
71
Art. 8 § 10
Art. 4 § 31
3 § 12
6§ 1
7§ 2
4§ 6
4 § 10
12 § 18
12 § 14
72
Art. 2 § 1
Art. 2 § 1(a)
73
74
Art.
Art.
Art.
Art.
75
Art. 29 § 1
76
Art. 8 § 11
77
Art. 4 § 31
78
Art. 28 § 1
79
80
Art. 7 § 2
Art. 4 § 7
81
82
83
Art.
Art.
Art.
Art.
84
85
86
Art. 1 § 35
Art. 4 § 31
Art. 8 § 10
87
88
89
Art. 4 § 6
Art. 1 § 11
Art. 4 § 3
90
91
Art. 7 § 2
Art. 8 § 10
92
93
Art. 8 § 1
Art. 29 § 1
(2004 Ed.)
32 § 1
2§ 3
2 § 43
27 § 13
7§ 1
8 § 10
6§ 3
13 § 1
Equality not denied because of sex.
Enforcement power of legislature.
Veto power.
Qualifications of electors.
Limitation on levies.
Jurisdiction of superior courts.
Justices of the peace.
Rates for transportation.
Prohibition against combinations by
carriers. (Repealed)
Sessions, when—Duration.
Limitation on members holding
office in the state.
Residential energy conservation.
Judicial qualifications
commission—Removal, censure,
suspension, or retirement of
judges or justices.
Legislative powers, where vested.
Initiative and referendum,
signatures required. (Stricken)
Special revenue financing.
The census. (Repealed)
Redistricting.
Representation in congress.
(Repealed)
May be invested as authorized by
law.
Agricultural commodity
assessments—Development,
promotion, and hosting.
Commission on judicial conduct—
Removal, censure, suspension, or
retirement of judges or justices—
Proceedings.
Salaries for legislators, elected state
officials, and judges—Independent
commission—Referendum.
Limitation on levies.
Exchange of judges—Judge pro
tempore.
Taxation.
Residential energy conservation.
Who disqualified.
Educational, reformatory, and penal
institutions.
Victims of crimes—Rights.
Commission on judicial conduct.
Energy and water conservation
assistance.
Jurisdiction of superior courts.
Religious freedom.
Election and terms of supreme
court judges.
Limitation on levies.
Energy, water, or stormwater or
sewer services conservation
assistance.
State debt.
May be invested as authorized by
law.
94
Art. 4 § 7
95
96
Art. 7 § 2
Art. 2 § 15
Exchange of judges—Judge pro
tempore.
Limitation on levies.
Vacancies in legislature and in
partisan county elective office.
AMENDMENT 1
Art. 16 § 5 INVESTMENT OF SCHOOL FUND.
None of the permanent school fund of this state shall ever be
loaned to private persons or corporations, but it may be
invested in national, state, county, municipal or school
district bonds. [1893 p 9 § 1. Adopted November, 1894.]
Art. 16 § 5 was later amended by Amendment 44.
AMENDMENT 2
Art. 6 § 1 QUALIFICATIONS OF VOTERS. All
male persons of the age of twenty-one years or over,
possessing the following qualifications, shall be entitled to
vote at all elections: They shall be citizens of the United
States; they shall have lived in the state one year, and in the
county ninety days, and in the city, town, ward or precinct
thirty days immediately preceding the election at which they
offer to vote; they shall be able to read and speak the
English language: Provided, That Indians not taxed shall
never be allowed the elective franchise: And further
provided, That this amendment shall not effect [affect] the
right of franchise of any person who is now a qualified
elector of this state. The legislature shall enact laws
defining the manner of ascertaining the qualifications of
voters as to their ability to read and speak the English
language, and providing for punishment of persons voting or
registering in violation of the provisions of this section.
[1895 p 60 § 1. Approved November, 1896.]
Art. 6 § 1 was later amended by Amendment 5.
AMENDMENT 3
Art. 7 § 2 was amended by adding the following
proviso: "And provided further, That the legislature shall
have power, by appropriate legislation, to exempt personal
property to the amount of three hundred dollars ($300) for
each head of a family liable to assessment and taxation
under the provisions of the laws of this state of which the
individual is the actual and bona fide owner." [1899 p 121
§ 1. Approved November, 1900.]
Original Art. 7 § 2 and Amendment 3 were stricken by Amendment
14.
AMENDMENT 4
Art. 1 § 11 RELIGIOUS FREEDOM. Absolute
freedom of conscience in all matters of religious sentiment,
belief and worship, shall be guaranteed to every individual,
and no one shall be molested or disturbed in person or
property on account of religion; but the liberty of conscience
hereby secured shall not be so construed as to excuse acts of
licentiousness or justify practices inconsistent with the peace
and safety of the state. No public money or property shall
be appropriated for or applied to any religious worship,
exercise or instruction, or the support of any religious
establishment. Provided, however, That this article shall not
be so construed as to forbid the employment by the state of
a chaplain for the state penitentiary, and for such of the state
[Vol. 0 RCW—page 73]
AMENDMENT 4
Constitution of the State of Washington
reformatories as in the discretion of the legislature may seem
justified. No religious qualification shall be required for any
public office or employment, nor shall any person be
incompetent as a witness or juror, in consequence of his
opinion on matters of religion, nor be questioned in any
court of justice touching his religious belief to affect the
weight of his testimony. [1903 p 283 § 1. Approved
November, 1904.]
Art. 1 § 11 was later amended by Amendments 34 and 88.
AMENDMENT 5
Article 6 was amended by striking from said article all
of sections one (1) and two (2) and inserting in lieu thereof
the following, to be known as section one (1):
Art. 6 § 1 QUALIFICATIONS OF ELECTORS. All
person of the age of twenty-one years or over, possessing the
following qualifications, shall be entitled to vote at all
elections: They shall be citizens of the United States; they
shall have lived in the state one year, and in the county
ninety days, and in the city, town, ward or precinct thirty
days immediately preceding the election at which they offer
to vote; they shall be able to read and speak the English
language: Provided, That Indians not taxed shall never be
allowed the elective franchise: And further provided, That
this amendment shall not affect the rights of franchise of any
person who is now a qualified elector of this state. The
legislative authority shall enact laws defining the manner of
ascertaining the qualifications of voters as to their ability to
read and speak the English language, and providing for
punishment of persons voting or registering in violation of
the provision of this section. There shall be no denial of the
elective franchise at any election on account of sex. [1909
p 26 § 1. Approved November, 1910.]
Prior amendment of Art. 6, see Amendment 2.
Art. 6. § 1 was later amended by Amendment 63.
AMENDMENT 6
Art. 3 § 10 VACANCY IN OFFICE OF GOVERNOR. In case of the removal, resignation, death or disability
of the governor, the duties of the office shall devolve upon
the lieutenant governor; and in case of a vacancy in both the
offices of governor and lieutenant governor, the duties of the
governor shall devolve upon the secretary of state. In
addition to the line of succession to the office and duties of
governor as hereinabove indicated, if the necessity shall
arise, in order to fill the vacancy in the office of governor,
the following state officers shall succeed to the duties of
governor and in the order named, viz.: Treasurer, auditor,
attorney general, superintendent of public instruction and
commissioner of public lands. In case of the death, disability, failure or refusal of the person regularly elected to the
office of governor to qualify at the time provided by law, the
duties of the office shall devolve upon the person regularly
elected to and qualified for the office of lieutenant governor,
who shall act as governor until the disability be removed, or
a governor be elected; and in case of the death, disability,
failure or refusal of both the governor and the lieutenant
governor elect to qualify, the duties of the governor shall
devolve upon the secretary of state; and in addition to the
line of succession to the office and duties of governor as
hereinabove indicated, if there shall be the failure or refusal
[Vol. 0 RCW—page 74]
of any officer named above to qualify, and if the necessity
shall arise by reason thereof, then in that event in order to
fill the vacancy in the office of governor, the following state
officers shall succeed to the duties of governor in the order
named, viz.: Treasurer, auditor, attorney general, superintendent of public instruction and commissioner of public lands.
Any person succeeding to the office of governor as in this
section provided, shall perform the duties of such office only
until the disability be removed, or a governor be elected and
qualified; and if a vacancy occur more than thirty days
before the next general election occurring within two years
after the commencement of the term, a person shall be
elected at such election to fill the office of governor for the
remainder of the unexpired term. [1909 p 642 § 1. Approved November, 1910.]
AMENDMENT 7
Article 2 was amended by striking all of sections 1 and
31, and inserting in lieu thereof as section 1 the following,
so that the same shall read as follows:
Art. 2 § 1 LEGISLATIVE POWERS, WHERE VESTED. The legislative authority of the state of Washington
shall be vested in the legislature, consisting of a senate and
house of representatives, which shall be called the legislature
of the state of Washington, but the people reserve to
themselves the power to propose bills, laws, and to enact or
reject the same at the polls, independent of the legislature,
and also reserve power, at their own option, to approve or
reject at the polls any act, item, section or part of any bill,
act or law passed by the legislature.
(a) Initiative: The first power reserved by the people is
the initiative. Ten per centum, but in no case more than fifty
thousand, of the legal voters shall be required to propose
any measure by such petition, and every such petition shall
include the full text of the measure so proposed. Initiative
petitions shall be filed with the secretary of state not less
than four months before the election at which they are to be
voted upon, or not less than ten days before any regular
session of the legislature. If filed at least four months before
the election at which they are to be voted upon, he shall
submit the same to the vote of the people at the said
election. If such petitions are filed not less than ten days
before any regular session of the legislature, he shall
transmit the same to the legislature as soon as it convenes
and organizes. Such initiative measure shall take precedence
over all other measures in the legislature except appropriation bills and shall be either enacted or rejected without
change or amendment by the legislature before the end of
such regular session. If any such initiative measure shall be
enacted by the legislature it shall be subject to the referendum petition, or it may be enacted and referred by the
legislature to the people for approval or rejection at the next
regular election. If it is rejected or if no action is taken
upon it by the legislature before the end of such regular
session, the secretary of state shall submit it to the people
for approval or rejection at the next ensuing regular general
election. The legislature may reject any measure so proposed by initiative petition and propose a different one
dealing with the same subject, and in such event both
measures shall be submitted by the secretary of state to the
people for approval or rejection at the next ensuing regular
general election. When conflicting measures are submitted
(2004 Ed.)
Constitutional Amendments
to the people the ballots shall be so printed that a voter can
express separately by making one cross (X) for each, two
preferences, first, as between either measure and neither, and
secondly, as between one and the other. If the majority of
those voting on the first issue is for neither, both fail, but in
that case the votes on the second issue shall nevertheless be
carefully counted and made public. If a majority voting on
the first issue is for either, then the measure receiving a
majority of the votes on the second issue shall be law.
Portion of subdivision (a) is superseded by Amendment 30.
(b) Referendum. The second power reserved by the
people is the referendum, and it may be ordered on any act,
bill, law, or any part thereof passed by the legislature, except
such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state
government and its existing public institutions, either by
petition signed by the required percentage of the legal voters,
or by the legislature as other bills are enacted. Six per
centum, but in no case more than thirty thousand, of the
legal voters shall be required to sign and make a valid
referendum petition.
Portion of subdivision (b) is superseded by Amendment 30.
(c) No act, law, or bill subject to referendum shall take
effect until ninety days after the adjournment of the session
at which it was enacted. No act, law, or bill approved by a
majority of the electors voting thereon shall be amended or
repealed by the legislature within a period of two years
following such enactment. But such enactment may be
amended or repealed at any general regular or special
election by direct vote of the people thereon.
Subdivision (c) is superseded by Amendment 26.
(d) The filing of a referendum petition against one or
more items, sections or parts of any act, law or bill shall not
delay the remainder of the measure from becoming operative. Referendum petitions against measures passed by the
legislature shall be filed with the secretary of state not later
than ninety days after the final adjournment of the session of
the legislature which passed the measure on which the
referendum is demanded. The veto power of the governor
shall not extend to measures initiated by or referred to the
people. All elections on measures referred to the people of
the state shall be had at the biennial regular elections, except
when the legislature shall order a special election. Any
measure initiated by the people or referred to the people as
herein provided shall take effect and become the law if it is
approved by a majority of the votes cast thereon: Provided,
That the vote cast upon such question or measure shall equal
one-third of the total votes cast at such election and not
otherwise. Such measure shall be in operation on and after
the thirtieth day after the election at which it is approved.
The style of all bills proposed by initiative petition shall be:
"Be it enacted by the people of the State of Washington."
This section shall not be construed to deprive any member
of the legislature of the right to introduce any measure. The
whole number of electors who voted for governor at the
regular gubernatorial election last preceding the filing of
any petition for the initiative or for the referendum shall be
the basis on which the number of legal voters necessary to
sign such petition shall be counted. All such petitions shall
be filed with the secretary of state, who shall be guided by
the general laws in submitting the same to the people until
(2004 Ed.)
AMENDMENT 7
additional legislation shall especially provide therefor. This
section is self-executing, but legislation may be enacted
especially to facilitate its operation.
The legislature shall provide methods of publicity of all
laws or parts of laws, and amendments to the constitution
referred to the people with arguments for and against the
laws and amendments so referred, so that each voter of the
state shall receive the publication at least fifty days before
the election at which they are to be voted upon. [1911 p
136 § 1. Approved November, 1912.]
Last paragraph is superseded by Amendment 36.
Art. 2 § 1 was later amended by Amendment 72.
AMENDMENT 8
Article 1 was amended by adding the two following
sections:
Art. 1 § 33 RECALL OF ELECTIVE OFFICERS.
Every elective public officer in the state of Washington
expect [except] judges of courts of record is subject to recall
and discharge by the legal voters of the state, or of the
political subdivision of the state, from which he was elected
whenever a petition demanding his recall, reciting that such
officer has committed some act or acts of malfeasance or
misfeasance while in office, or who has violated his oath of
office, stating the matters complained of, signed by the
percentages of the qualified electors thereof, hereinafter
provided, the percentage required to be computed from the
total number of votes cast for all candidates for his said
office to which he was elected at the preceding election, is
filed with the officer with whom a petition for nomination,
or certificate for nomination, to such office must be filed
under the laws of this state, and the same officer shall call
a special election as provided by the general election laws of
this state, and the result determined as therein provided.
Art. 1 § 34 SAME. The legislature shall pass the
necessary laws to carry out the provisions of section
thirty-three (33) of this article, and to facilitate its operation
and effect without delay: Provided, That the authority
hereby conferred upon the legislature shall not be construed
to grant to the legislature any exclusive power of
law-making nor in any way limit the initiative and referendum powers reserved by the people. The percentages
required shall be, state officers, other than judges, senators
and representatives, city officers of cities of the first class,
school district boards in cities of the first class; county
officers of counties of the first, second and third classes,
twenty-five per cent. Officers of all other political subdivisions, cities, towns, townships, precincts and school districts
not herein mentioned, and state senators and representatives,
thirty-five per cent. [1911 p 504 § 1. Approved November,
1912.]
AMENDMENT 9
Art. 1 § 16 EMINENT DOMAIN. Private property
shall not be taken for private use, except for private ways of
necessity, and for drains, flumes, or ditches on or across the
lands of others for agricultural, domestic, or sanitary purposes. No private property shall be taken or damaged for public
or private use without just compensation having been first
made, or paid into court for the owner, and no right-of-way
[Vol. 0 RCW—page 75]
AMENDMENT 9
Constitution of the State of Washington
shall be appropriated to the use of any corporation other than
municipal until full compensation therefor be first made in
money, or ascertained and paid into court for the owner,
irrespective of any benefit from any improvement proposed
by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil
cases in courts of record, in the manner prescribed by law.
Whenever an attempt is made to take private property for a
use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and
determined as such, without regard to any legislative
assertion that the use is public: Provided, that the taking of
private property by the state for land reclamation and
settlement purposes is hereby declared to be for public use.
[1919 p 385 § 1. Approved November, 1920.]
prescribe their duties, and fix their terms of office: Provided, That the legislature may, by general laws, classify the
counties by population and provide for the election in certain
classes of counties certain officers who shall exercise the
powers and perform the duties of two or more officers. It
shall regulate the compensation of all such officers, in
proportion to their duties, and for that purpose may classify
the counties by population. And it shall provide for the
strict accountability of such officers for all fees which may
be collected by them and for all public moneys which may
be paid to them, or officially come into their possession.
[1923 p 255 § 1. Approved November, 1924.]
AMENDMENT 10
Art. 2 § 15 VACANCIES IN LEGISLATURE. Such
vacancies as may occur in either house of the legislature
shall be filled by appointment by the board of county
commissioners of the county in which the vacancy occurs,
and the person so appointed shall hold office until his
successor is elected at the next general election, and shall
have qualified: Provided, That in case of a vacancy occurring in the office of joint senator, the vacancy shall be filled
by appointment by the joint action of the boards of county
commissioners of the counties composing the joint senatorial
district. [1929 p 690. Approved November, 1930.]
Art. 1 § 22 RIGHTS OF THE ACCUSED. In
criminal prosecutions the accused shall have the right to
appear and defend in person, or by counsel, to demand the
nature and cause of the accusation against him, to have a
copy thereof, to testify in his own behalf, to meet the
witnesses against him face to face, to have compulsory
process to compel the attendance of witnesses in his own
behalf, to have a speedy public trial by an impartial jury of
the county in which the offense is charged to have been
committed and the right to appeal in all cases: Provided,
The route traversed by any railway coach, train or public
conveyance, and the water traversed by any boat shall be
criminal districts; and the jurisdiction of all public offenses
committed on any such railway car, coach, train, boat or
other public conveyance, or at any station or depot upon
such route, shall be in any county through which the said
car, coach, train, boat or other public conveyance may pass
during the trip or voyage, or in which the trip or voyage
may begin or terminate. In no instance shall any accused
person before final judgment be compelled to advance
money or fees to secure the rights herein guaranteed. [1921
p 79 § 1. Approved November, 1922.]
AMENDMENT 11
Art. 8 § 4 MONEYS DISBURSED ONLY BY
APPROPRIATIONS. No moneys shall ever be paid out of
the treasury of this state, or any of its funds, or any of the
funds under its management, except in pursuance of an
appropriation by law; nor unless such payment be made
within one calendar month after the end of the next ensuing
fiscal biennium, and every such law making a new appropriation, or continuing or reviving an appropriation, shall
distinctly specify the sum appropriated, and the object to
which it is to be applied, and it shall not be sufficient for
such law to refer to any other law to fix such sum. [1921 p
80 § 1. Approved November, 1922.]
AMENDMENT 12
Art. 11 § 5 COUNTY GOVERNMENT. The legislature, by general and uniform laws, shall provide for the
election in the several counties of boards of county commissioners, sheriffs, county clerks, treasurers, prosecuting
attorneys and other county, township or precinct and district
officers, as public convenience may require, and shall
[Vol. 0 RCW—page 76]
Art. 11 § 5 was later amended by Amendment 57.
AMENDMENT 13
Art. 2 § 15 was later amended by Amendments 32, 52, and 96.
AMENDMENT 14
Article 7 is amended by striking out all of sections 1, 2,
3 and 4, and inserting in lieu thereof the following, to be
known as section 1:
Art. 7 § 1 TAXATION. The power of taxation shall
never be suspended, surrendered or contracted away. All
taxes shall be uniform upon the same class of property
within the territorial limits of the authority levying the tax
and shall be levied and collected for public purposes only.
The word "property" as used herein shall mean and include
everything, whether tangible or intangible, subject to
ownership. All real estate shall constitute one class:
Provided, That the legislature may tax mines and mineral
resources and lands devoted to reforestation by either a yield
tax or an ad valorem tax at such rate as it may fix, or by
both. Such property as the legislature may by general laws
provide shall be exempt from taxation. Property of the
United States and of the state, counties, school districts and
other municipal corporations, and credits secured by property
actually taxed in this state, not exceeding in value the value
of such property, shall be exempt from taxation. The
legislature shall have power, by appropriate legislation, to
exempt personal property to the amount of three hundred
($300.00) dollars for each head of a family liable to
assessment and taxation under the provisions of the laws of
this state of which the individual is the actual bona fide
owner. [1929 p 499 § 1. Approved November, 1930.]
Amendment 17 added a new § 2.
Amendment 19 added a new § 3.
Art. 7 § 1 was later amended by Amendment 81.
(2004 Ed.)
Constitutional Amendments
AMENDMENT 15
Art. 15 § 1 HARBOR LINE COMMISSION AND
RESTRAINT ON DISPOSITION. The legislature shall
provide for the appointment of a commission whose duty it
shall be to locate and establish harbor lines in the navigable
waters of all harbors, estuaries, bays and inlets of this state,
wherever such navigable waters lie within or in front of the
corporate limits of any city, or within one mile thereof on
either side. Any harbor line so located or established may
thereafter be changed, relocated or reestablished by the
commission pursuant to such provision as may be made
therefor by the legislature. The state shall never give, sell or
lease to any private person, corporation, or association any
rights whatever in the waters beyond such harbor lines, nor
shall any of the area lying between any harbor line and the
line of ordinary high water, and within not less than fifty
feet nor more than two thousand feet of such harbor line (as
the commission shall determine) be sold or granted by the
state, nor its rights to control the same relinquished, but such
area shall be forever reserved for landings, wharves, streets,
and other conveniences of navigation and commerce. [1931
p 417 § 1. Approved November, 1932.]
AMENDMENT 16
Art. 12 § 11 STOCKHOLDER LIABILITY. No
corporation, association, or individual shall issue or put in
circulation as money anything but the lawful money of the
United States. Each stockholder of any banking or insurance
corporation or joint stock association shall be individually
and personally liable equally and ratably, and not one for
another, for all contracts, debts, and engagements of such
corporation or association accruing while they remain such
stockholders, to the extent of the amount of their stock
therein at the par value thereof, in addition to the amount
invested in such shares.
The legislature may provide that stockholders of
banking corporations organized under the laws of this state
which shall provide and furnish, either through membership
in the Federal Deposit Insurance Corporation, or through
membership in any other instrumentality of the government
of the United States, insurance or security for the payment
of the debts and obligations of such banking corporation
equivalent to that required by the laws of the United States
to be furnished and provided by national banking associations, shall be relieved from liability for the debts and
obligations of such banking corporation to the same extent
that stockholders of national banking associations are
relieved from liability for the debts and obligations of such
national banking associations under the laws of the United
States. [1939 Senate Joint Resolution No. 8, p 1024.
Approved November, 1940.]
AMENDMENT 17
Art. 7 § 2 FORTY MILL LIMIT. Except as hereinafter provided and notwithstanding any other provision of this
Constitution, the aggregate of all tax levies upon real and
personal property by the state and all taxing districts now
existing or hereafter created, shall not in any year exceed
forty mills on the dollar of assessed valuation, which
assessed valuation shall be fifty per centum of the true and
fair value of such property in money: Provided, however,
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AMENDMENT 15
That nothing herein shall prevent levies at the rates now
provided by law by or for any port or public utility district.
The term "taxing district" for the purposes of this section
shall mean any political subdivision, municipal corporation,
district, or other governmental agency authorized by law to
levy, or have levied for it, ad valorem taxes on property,
other than a port or public utility district. Such aggregate
limitation or any specific limitation imposed by law in
conformity therewith may be exceeded only
(a) By any taxing district when specifically authorized
so to do by a majority of at least three-fifths of the electors
thereof voting on the proposition to levy such additional tax
submitted not more than twelve months prior to the date on
which the proposed levy is to be made and not oftener than
twice in such twelve month period, either at a special
election or at the regular election of such taxing district, at
which election the number of persons voting on the proposition shall constitute not less than forty per centum of the
total number of votes cast in such taxing district at the last
preceding general election;
(b) By any taxing district otherwise authorized by law
to issue general obligation bonds for capital purposes, for the
sole purpose of making the required payments of principal
and interest on general obligation bonds issued solely for
capital purposes, other than the replacement of equipment,
when authorized so to do by majority of at least three-fifths
of the electors thereof voting on the proposition to issue such
bonds and to pay the principal and interest thereon by an
annual tax levy in excess of the limitation herein provided
during the term of such bonds, submitted not oftener than
twice in any calendar year, at an election held in the manner
provided by law for bond elections in such taxing district, at
which election the total number of persons voting on the
proposition shall constitute not less than forty per centum of
the total number of votes cast in such taxing district at the
last preceding general election: Provided, That any such
taxing district shall have the right by vote of its governing
body to refund any general obligation bonds of said district
issued for capital purposes only, and to provide for the
interest thereon and amortization thereof by annual levies in
excess of the tax limitation provided for herein, and Provided further, That the provisions of this section shall also be
subject to the limitations contained in Article VIII, Section
6, of this Constitution;
(c) By the state or any taxing district for the purpose of
paying the principal or interest on general obligation bonds
outstanding on December 6, 1934; or for the purpose of
preventing the impairment of the obligation of a contract
when ordered so to do by a court of last resort. [1943
House Joint Resolution No. 1, p 936. Approved November,
1944.]
Art. 7 § 2 was later amended by Amendments 55, 59, 64, 79, 90, and
95.
AMENDMENT 18
Art. 2 § 40 HIGHWAY FUNDS. All fees collected
by the State of Washington as license fees for motor vehicles
and all excise taxes collected by the State of Washington on
the sale, distribution or use of motor vehicle fuel and all
other state revenue intended to be used for highway purposes, shall be paid into the state treasury and placed in a
special fund to be used exclusively for highway purposes.
[Vol. 0 RCW—page 77]
AMENDMENT 18
Constitution of the State of Washington
Such highway purposes shall be construed to include the
following:
(a) The necessary operating, engineering and legal
expenses connected with the administration of public
highways, county roads and city streets;
(b) The construction, reconstruction, maintenance,
repair, and betterment of public highways, county roads,
bridges and city streets; including the cost and expense of
(1) acquisition of rights-of-way, (2) installing, maintaining
and operating traffic signs and signal lights, (3) policing by
the state of public highways, (4) operation of movable span
bridges, (5) operation of ferries which are a part of any
public highway, county road, or city street;
(c) The payment or refunding of any obligation of the
State of Washington, or any political subdivision thereof, for
which any of the revenues described in section 1 may have
been legally pledged prior to the effective date of this act;
(d) Refunds authorized by law for taxes paid on motor
vehicle fuels;
(e) The cost of collection of any revenues described in
this section:
Provided, That this section shall not be construed to
include revenue from general or special taxes or excises not
levied primarily for highway purposes, or apply to vehicle
operator’s license fees or any excise tax imposed on motor
vehicles or the use thereof in lieu of a property tax thereon,
or fees for certificates of ownership of motor vehicles.
[1943 House Joint Resolution No. 4, p 938. Approved
November, 1944.]
AMENDMENT 19
Art. 7 § 3 TAXATION OF FEDERAL AGENCIES
AND PROPERTY. The United States and its agencies and
instrumentalities, and their property, may be taxed under any
of the tax laws of this state, whenever and in such manner
as such taxation may be authorized or permitted under the
laws of the United States, notwithstanding anything to the
contrary in the Constitution of this state. [1945 House Joint
Resolution No. 9, p 932. Approved November, 1946.]
AMENDMENT 20
Art. 28 § 1 COMPENSATION OF STATE OFFICERS. All elected state officials shall each severally receive
such compensation as the legislature may direct. The
compensation of any state officer shall not be increased or
diminished during his term of office, except that the legislature, at its thirty-first regular session, may increase or
diminish the compensation of all state officers whose terms
exist on the Thursday after the second Monday in January,
1949.
The provisions of sections 14, 16, 17, 19, 20, 21, and 22
of Article III and section 23 of Article II in so far as they
are inconsistent herewith, are hereby repealed. [1947 Senate
Joint Resolution No. 4, p 1371. Approved November 2,
1948.]
Art. 28 § 1 was later amended by Amendment 78.
Authorizing compensation increase during term: See Amendment 54.
[Vol. 0 RCW—page 78]
AMENDMENT 21
Art. 11 § 4 COUNTY GOVERNMENT AND TOWNSHIP ORGANIZATION. The legislature shall establish a
system of county government, which shall be uniform
throughout the state except as hereinafter provided, and by
general laws shall provide for township organization, under
which any county may organize whenever a majority of the
qualified electors of such county voting at a general election
shall so determine; and whenever a county shall adopt
township organization, the assessment and collection of the
revenue shall be made, and the business of such county and
the local affairs of the several townships therein, shall be
managed and transacted in the manner prescribed by such
general law.
Any county may frame a "Home Rule" charter for its
own government subject to the Constitution and laws of this
state, and for such purpose the legislative authority of such
county may cause an election to be had, at which election
there shall be chosen by the qualified voters of said county
not less than fifteen (15) nor more than twenty-five (25)
freeholders thereof, as determined by the legislative authority, who shall have been residents of said county for a period
of at least five (5) years preceding their election and who are
themselves qualified electors, whose duty it shall be to
convene within thirty (30) days after their election and
prepare and propose a charter for such county. Such proposed charter shall be submitted to the qualified electors of
said county, and if a majority of such qualified electors
voting thereon ratify the same, it shall become the charter of
said county and shall become the organic law thereof, and
supersede any existing charter, including amendments
thereto, or any existing form of county government, and all
special laws inconsistent with such charter. Said proposed
charter shall be published in two (2) legal newspapers
published in said county, at least once a week for four (4)
consecutive weeks prior to the day of submitting the same to
the electors for their approval as above provided. All
elections in this section authorized shall only be had upon
notice, which notice shall specify the object of calling such
election and shall be given for at least ten (10) days before
the day of election in all election districts of said county.
Said elections may be general or special elections and except
as herein provided, shall be governed by the law regulating
and controlling general or special elections in said county.
Such charter may be amended by proposals therefor submitted by the legislative authority of said county to the electors
thereof at any general election after notice of such submission published as above specified, and ratified by a majority
of the qualified electors voting thereon. In submitting any
such charter or amendment thereto, any alternate article or
proposition may be presented for the choice of the voters
and may be voted on separately without prejudice to others.
Any home rule charter proposed as herein provided,
may provide for such county officers as may be deemed
necessary to carry out and perform all county functions as
provided by charter or by general law, and for their compensation, but shall not affect the election of the prosecuting
attorney, the county superintendent of schools, the judges of
the superior court, and the justices of the peace, or the
jurisdiction of the courts.
Notwithstanding the foregoing provision for the calling
of an election by the legislative authority of such county for
(2004 Ed.)
Constitutional Amendments
the election of freeholders to frame a county charter,
registered voters equal in number to ten (10) per centum of
the voters of any such county voting at the last preceding
general election, may at any time propose by petition the
calling of an election of freeholders. The petition shall be
filed with the county auditor of the county at least three (3)
months before any general election and the proposal that a
board of freeholders be elected for the purpose of framing a
county charter shall be submitted to the vote of the people
at said general election, and at the same election a board of
freeholders of not less than fifteen (15) or more than
twenty-five (25), as fixed in the petition calling for the
election, shall be chosen to draft the new charter. The
procedure for the nomination of qualified electors as candidates for said board of freeholders shall be prescribed by the
legislative authority of the county, and the procedure for the
framing of the charter and the submission of the charter as
framed shall be the same as in the case of a board of
freeholders chosen at an election initiated by the legislative
authority of the county.
In calling for any election of freeholders as provided in
this section, the legislative authority of the county shall
apportion the number of freeholders to be elected in accordance with either the legislative districts or the county
commissioner districts, if any, within said county, the
number of said freeholders to be elected from each of said
districts to be in proportion to the population of said districts
as nearly as may be.
Should the charter proposed receive the affirmative vote
of the majority of the electors voting thereon, the legislative
authority of the county shall immediately call such special
election as may be provided for therein, if any, and the
county government shall be established in accordance with
the terms of said charter not more than six (6) months after
the election at which the charter was adopted.
The terms of all elective officers, except the prosecuting
attorney, the county superintendent of schools, the judges of
the superior court, and the justices of the peace, who are in
office at the time of the adoption of a Home Rule Charter
shall terminate as provided in the charter. All appointive
officers in office at the time the charter goes into effect,
whose positions are not abolished thereby, shall continue
until their successors shall have qualified.
After the adoption of such charter, such county shall
continue to have all the rights, powers, privileges and
benefits then possessed or thereafter conferred by general
law. All the powers, authority and duties granted to and
imposed on county officers by general law, except the
prosecuting attorney, the county superintendent of schools,
the judges of the superior court and the justices of the peace,
shall be vested in the legislative authority of the county
unless expressly vested in specific officers by the charter.
The legislative authority may by resolution delegate any of
its executive or administrative powers, authority or duties not
expressly vested in specific officers by the charter, to any
county officer or officers or county employee or employees.
The provisions of sections 5, 6, 7, and the first sentence
of section 8 of this Article as amended shall not apply to
counties in which the government has been established by
charter adopted under the provisions hereof. The authority
conferred on the board of county commissioners by Section
15 of Article II as amended, shall be exercised by the
(2004 Ed.)
AMENDMENT 21
legislative authority of the county. [1947 Senate Joint
Resolution No. 5, p 1372. Approved November 2, 1948.]
AMENDMENT 22
Section 7, Article XI, Constitution of the State of
Washington is hereby repealed. [1947 House Joint Resolution No. 4, p 1385. Approved November 2, 1948.]
AMENDMENT 23
Art. 11 § 16 COMBINED CITY AND COUNTY.
The legislature shall, by general law, provide for the formation of combined city and county municipal corporations,
and for the manner of determining the territorial limits
thereof, each of which shall be known as a "city and
county," and, when organized, shall contain a population of
at least three hundred thousand (300,000) inhabitants. No
such city and county shall be formed except by a majority
vote of the qualified electors of the area proposed to be
included therein and also by a majority vote of the qualified
electors of the remainder of that county from which such
area is to be taken. Any such city and county shall be
permitted to frame a charter for its own government, and
amend the same, in the manner provided for cities by section
10 of this article: Provided, however, That the first charter
of such city and county shall be framed and adopted in a
manner to be specified in the general law authorizing the
formation of such corporations: Provided further, That
every such charter shall designate the respective officers of
such city and county who shall perform the duties imposed
by law upon county officers. Every such city and county
shall have and enjoy all rights, powers and privileges
asserted in its charter, not inconsistent with general laws, and
in addition thereto, such rights, powers and privileges as may
be granted to it, or possessed and enjoyed by cities and
counties of like population separately organized.
No county or county government existing outside the
territorial limits of such county and city shall exercise any
police, taxation or other powers within the territorial limits
of such county and city, but all such powers shall be
exercised by the city and county and the officers thereof,
subject to such constitutional provisions and general laws as
apply to either cities or counties: Provided, That the
provisions of sections 2, 3, 4, 5, 6, 7, and 8 of this article
shall not apply to any such city and county: Provided
further, That the salary of any elective or appointive officer
of a city and county shall not be changed after his election
or appointment or during his term of office; nor shall the
term of any such officer be extended beyond the period for
which he is elected or appointed. In case an existing county
is divided in the formation of a city and county, such city
and county shall be liable for a just proportion of the
existing debts or liabilities of the former county, and shall
account for and pay the county remaining a just proportion
of the value of any real estate or other property owned by
the former county and taken over by the county and city, the
method of determining such just proportion to be prescribed
by general law, but such division shall not affect the rights
of creditors. The officers of a city and county, their compensation, qualifications, term of office and manner of
election or appointment shall be as provided for in its
charter, subject to general laws and applicable constitutional
[Vol. 0 RCW—page 79]
AMENDMENT 23
Constitution of the State of Washington
provisions. [1947 House Joint Resolution No. 13, p 1386.
Approved November 2, 1948.]
Art. 11 § 16 was later amended by Amendment 58.
AMENDMENT 24
[Repealed by AMENDMENT 42, 1965 ex.s. Senate
Joint Resolution No. 20, p 2816. Approved November 8,
1966.]
Text of Amendment 24 — Art. 2 § 33 ALIEN OWNERSHIP —
The ownership of lands by aliens, other than those who in good faith have
declared their intention to become citizens of the United States, is
prohibited in this state, except where acquired by inheritance, under
mortgage or in good faith in the ordinary course of justice in the collection
of debts; and all conveyances of lands hereafter made to any alien directly,
or in trust for such alien, shall be void: Provided, That the provisions of
this section shall not apply to lands containing valuable deposits of
minerals, metals, iron, coal, or fire clay, and the necessary land for mills
and machinery to be used in the development thereof and the manufacture
of the products therefrom: And provided further, That the provisions of this
section shall not apply to the citizens of such of the Provinces of the
Dominion of Canada as do not expressly or by implication prohibit
ownership of provincial lands by citizens of this state. Every corporation,
the majority of the capital stock of which is owned by aliens, shall be
considered an alien for the purposes of this prohibition. [1949 Senate Joint
Resolution No. 9, p 999. Approved November 7, 1950.]
Art. 2 § 33 was also amended by Amendment 29.
AMENDMENT 25
Article 4 was amended by adding the following section:
Art. 4 § 3(a) RETIREMENT OF SUPREME COURT
AND SUPERIOR COURT JUDGES. A judge of the
supreme court or the superior court shall retire from judicial
office at the end of the calendar year in which he attains the
age of seventy-five years. The legislature may, from time to
time, fix a lesser age for mandatory retirement, not earlier
than the end of the calendar year in which any such judge
attains the age of seventy years, as the legislature deems
proper. This provision shall not affect the term to which any
such judge shall have been elected or appointed prior to, or
at the time of, approval and ratification of this provision.
Notwithstanding the limitations of this section, the legislature
may by general law authorize or require the retirement of
judges for physical or mental disability, or any cause
rendering judges incapable of performing their judicial
duties. [1951 House Joint Resolution No. 6, p 960. Approved November 4, 1952.]
AMENDMENT 26
Article 2 was amended by adding the following section:
Art. 2 § 41 LAWS, EFFECTIVE DATE. INITIATIVE, REFERENDUM — AMENDMENT OR REPEAL.
No act, law, or bill subject to referendum shall take effect
until ninety days after the adjournment of the session at
which it was enacted. No act, law or bill approved by a
majority of the electors voting thereon shall be amended or
repealed by the legislature within a period of two years
following such enactment: Provided, That any such act, law
or bill may be amended within two years after such
enactment at any regular or special session of the legislature
by a vote of two-thirds of all the members elected to each
house with full compliance with section 12, Article III, of
the Washington Constitution, and no amendatory law
adopted in accordance with this provision shall be subject to
referendum. But such enactment may be amended or
[Vol. 0 RCW—page 80]
repealed at any general regular or special election by direct
vote of the people thereon. These provisions supersede the
provisions of subsection (c) of section 1 of this article as
amended by the seventh amendment to the Constitution of
this state. [1951 Substitute Senate Joint Resolution No. 7,
p 959. Approved November 4, 1952.]
Reviser’s note: In third sentence, comma between "general" and
"regular" omitted in conformity with enrolled resolution.
AMENDMENT 27
Art. 8 § 6 LIMITATIONS UPON MUNICIPAL
INDEBTEDNESS. No county, city, town, school district, or
other municipal corporation shall for any purpose become
indebted in any manner to an amount exceeding one and
one-half per centum of the taxable property in such county,
city, town, school district, or other municipal corporation,
without the assent of three-fifths of the voters therein voting
at an election to be held for that purpose, nor in cases
requiring such assent shall the total indebtedness at any time
exceed five per centum on the value of the taxable property
therein, to be ascertained by the last assessment for state and
county purposes previous to the incurring of such indebtedness, except that in incorporated cities the assessment shall
be taken from the last assessment for city purposes: Provided, That no part of the indebtedness allowed in this section
shall be incurred for any purpose other than strictly county,
city, town, school district, or other municipal purposes:
Provided further, That (a) any city or town, with such
assent, may be allowed to become indebted to a larger
amount, but not exceeding five per centum additional for
supplying such city or town with water, artificial light, and
sewers, when the works for supplying such water, light, and
sewers shall be owned and controlled by the municipality
and (b) any school district with such assent, may be allowed
to become indebted to a larger amount but not exceeding
five per centum additional for capital outlays. [1951 House
Joint Resolution No. 8, p 961. Approved November 4,
1952.]
AMENDMENT 28
Art. 4 § 6 JURISDICTION OF SUPERIOR COURTS.
The superior court shall have original jurisdiction in all cases
in equity and in all cases at law which involve the title or
possession of real property, or the legality of any tax,
impost, assessment, toll, or municipal fine, and in all other
cases in which the demand or the value of the property in
controversy amounts to one thousand dollars, or a lesser sum
in excess of the jurisdiction granted to justices of the peace
and other inferior courts, and in all criminal cases amounting
to felony, and in all cases of misdemeanor not otherwise
provided for by law; of actions of forcible entry and detainer; of proceedings in insolvency; of actions to prevent or
abate a nuisance; of all matters of probate, of divorce, and
for annulment of marriage; and for such special cases and
proceedings as are not otherwise provided for. The superior
court shall also have original jurisdiction in all cases and of
all proceedings in which jurisdiction shall not have been by
law vested exclusively in some other court; and said court
shall have the power of naturalization and to issue papers
therefor. They shall have such appellate jurisdiction in cases
arising in justices’ and other inferior courts in their respective counties as may be prescribed by law. They shall
(2004 Ed.)
Constitutional Amendments
always be open, except on nonjudicial days, and their
process shall extend to all parts of the state. Said courts and
their judges shall have power to issue writs of mandamus,
quo warranto, review, certiorari, prohibition, and writs of
habeas corpus, on petition by or on behalf of any person in
actual custody in their respective counties. Injunctions and
writs of prohibition and of habeas corpus may be issued and
served on legal holidays and nonjudicial days.
Later amendment to Art. 4 § 6, see Amendment 87.
Art. 4 § 10 JUSTICES OF THE PEACE. The legislature shall determine the number of justices of the peace to be
elected and shall prescribe by law the powers, duties and
jurisdiction of justices of the peace: Provided, That such
jurisdiction granted by the legislature shall not trench upon
the jurisdiction of superior or other courts of record, except
that justices of the peace may be made police justices of
incorporated cities and towns. Justices of the peace shall
have original jurisdiction in cases where the demand or value
of the property in controversy is less than three hundred
dollars or such greater sum, not to exceed one thousand
dollars, as shall be prescribed by the legislature. In incorporated cities or towns having more than five thousand
inhabitants, the justices of the peace shall receive such salary
as may be provided by law, and shall receive no fees for
their own use. [1951 Substitute House Joint Resolution No.
13, p 962. Approved November 4, 1952.]
Later amendment to Art. 4 § 6 and § 10, see Amendment 65.
AMENDMENT 29
[Repealed by AMENDMENT 42, 1965 ex.s. Senate
Joint Resolution No. 20, p 2816. Approved November 8,
1966.]
Text of Amendment 29 — Art. 2 § 33 ALIEN OWNERSHIP —
The ownership of lands by aliens, other than those who in good faith have
declared their intention to become citizens of the United States, is
prohibited in this state, except where acquired by inheritance, under
mortgage or in good faith in the ordinary course of justice in the collection
of debts; and all conveyances of lands hereafter made to any alien directly,
or in trust for such alien, shall be void: Provided, That the provisions of
this section shall not apply to lands containing valuable deposits of
minerals, metals, iron, coal, or fire clay, and the necessary land for mills
and machinery to be used in the development thereof and the manufacture
of the products therefrom: And provided further, That the provisions of this
section shall not apply to the citizens of such of the Provinces of the
Dominion of Canada as do not expressly or by implication prohibit
ownership of provincial lands by citizens of this state. [1953 House Joint
Resolution No. 16, p 853. Approved November 2, 1954.]
Prior amendment of Art. 2 § 33, see Amendment 24.
AMENDMENT 30
[Stricken by AMENDMENT 72, 1981 Substitute Senate
Joint Resolution No. 133, p 1796. Approved November 3,
1981.]
Text of Amendment 30 — Art. 2 § 1(a) INITIATIVE AND
REFERENDUM, SIGNATURES REQUIRED — Hereafter, the number
of valid signatures of legal voters required upon a petition for an initiative
measure shall be equal to eight per centum of the number of voters
registered and voting for the office of governor at the last preceding regular
gubernatorial election. Hereafter, the number of valid signatures of legal
voters required upon a petition for a referendum of an act of the legislature
or any part thereof, shall be equal to four per centum of the number of
voters registered and voting for the office of governor at the last preceding
regular gubernatorial election. These provisions supersede the requirements specified in section 1 of this article as amended by the seventh
(2004 Ed.)
AMENDMENT 28
amendment to the Constitution of this state. [1955 Senate Joint Resolution
No. 4, p 1860. Approved November 6, 1956.]
AMENDMENT 31
Art. 3 § 25 QUALIFICATIONS, COMPENSATION,
OFFICES WHICH MAY BE ABOLISHED. No person,
except a citizen of the United States and a qualified elector
of this state, shall be eligible to hold any state office. The
compensation for state officers shall not be increased or
diminished during the term for which they shall have been
elected. The legislature may in its discretion abolish the
offices of the lieutenant governor, auditor and commissioner
of public lands. [1955 Senate Joint Resolution No. 6, p
1861. Approved November 6, 1956.]
Authorizing compensation increase during term: See Amendment 54.
AMENDMENT 32
Art. 2 § 15 VACANCIES IN LEGISLATURE AND
IN PARTISAN COUNTY ELECTIVE OFFICE. Such
vacancies as may occur in either house of the legislature or
in any partisan county elective office shall be filled by
appointment by the board of county commissioners of the
county in which the vacancy occurs: Provided, That the
person appointed to fill the vacancy must be from the same
legislative district and the same political party as the
legislator whose office has been vacated, and shall be one of
three persons who shall be nominated by the county central
committee of that party, and the person so appointed shall
hold office until his successor is elected at the next general
election, and shall have qualified: Provided, That in case of
a vacancy occurring in the office of joint senator, or joint
representative, the vacancy shall be filled from a list of three
nominees selected by the state central committee, by
appointment by the joint action of the boards of county
commissioners of the counties composing the joint senatorial
or joint representative district, the person appointed to fill the
vacancy must be from the same legislative district and of the
same political party as the legislator whose office has been
vacated, and in case a majority of said county commissioners
do not agree upon the appointment within sixty days after
the vacancy occurs, the governor shall within thirty days
thereafter, and from the list of nominees provided for herein,
appoint a person who shall be from the same legislative
district and of the same political party as the legislator
whose office has been vacated. [1955 Senate Joint Resolution No. 14, p 1862. Approved November 6, 1956.]
Prior amendment of Art. 2 § 15, see Amendment 13.
Later amendment of Art. 2 § 15, see Amendments 52 and 96.
AMENDMENT 33
Art. 24 § 1 STATE BOUNDARIES. The boundaries
of the state of Washington shall be as follows: Beginning at
a point in the Pacific ocean one marine league due west of
and opposite the middle of the mouth of the north ship
channel of the Columbia river thence running easterly to and
up the middle channel of said river and where it is divided
by islands up the middle of the widest channel thereof to
where the forty-sixth parallel of north latitude crosses said
river near the mouth of the Walla Walla river; thence east on
said forty-sixth parallel of latitude to the middle of the main
channel of the Shoshone or Snake river, thence follow down
[Vol. 0 RCW—page 81]
AMENDMENT 33
Constitution of the State of Washington
the middle of the main channel of Snake river to a point
opposite the mouth of the Kooskooskia or Clear Water river,
thence due north to the forty-ninth parallel of north latitude,
thence west along said forty-ninth parallel of north latitude
to the middle of the channel which separates Vancouver’s
island from the continent, that is to say to a point in longitude 123 degrees, 19 minutes and 15 seconds west, thence
following the boundary line between the United States and
British possessions through the channel which separates
Vancouver’s island from the continent to the termination of
the boundary line between the United States and British
possessions at a point in the Pacific ocean equidistant
between Bonnilla point on Vancouver’s island and Tatoosh
island light house, thence running in a southerly course and
parallel with the coast line, keeping one marine league off
shore to place of beginning; until such boundaries are
modified by appropriate interstate compacts duly approved
by the Congress of the United States. [1957 Senate Joint
Resolution No. 10, p 1292. Approved November 4, 1958.]
AMENDMENT 36
Article 2, section 1 (LEGISLATIVE POWERS,
WHERE VESTED) as amended by AMENDMENT 7 was
amended by adding the following subsection:
Article 2, section 1, subsection (e). The legislature shall
provide methods of publicity of all laws or parts of laws,
and amendments to the Constitution referred to the people
with arguments for and against the laws and amendments so
referred. The secretary of state shall send one copy of the
publication to each individual place of residence in the state
and shall make such additional distribution as he shall
determine necessary to reasonably assure that each voter will
have an opportunity to study the measures prior to election.
These provisions supersede the provisions set forth in the
last paragraph of section 1 of this article as amended by the
seventh amendment to the Constitution of this state. [1961
Senate Joint Resolution No. 9, p 2751. Approved November, 1962.]
AMENDMENT 34
AMENDMENT 37
Art. 1 § 11 RELIGIOUS FREEDOM. Absolute
freedom of conscience in all matters of religious sentiment,
belief and worship, shall be guaranteed to every individual,
and no one shall be molested or disturbed in person or
property on account of religion; but the liberty of conscience
hereby secured shall not be so construed as to excuse acts of
licentiousness or justify practices inconsistent with the peace
and safety of the state. No public money or property shall
be appropriated for or applied to any religious worship,
exercise or instruction, or the support of any religious
establishment: Provided, however, That this article shall not
be so construed as to forbid the employment by the state of
a chaplain for such of the state custodial, correctional and
mental institutions as in the discretion of the legislature may
seem justified. No religious qualification shall be required
for any public office or employment, nor shall any person be
incompetent as a witness or juror, in consequence of his
opinion on matters of religion, nor be questioned in any
court of justice touching his religious belief to affect the
weight of his testimony. [1957 Senate Joint Resolution No.
14, p 1299. Approved November 4, 1958.]
Art. 23 § 1 HOW MADE. Any amendment or
amendments to this Constitution may be proposed in either
branch of the legislature; and if the same shall be agreed to
by two-thirds of the members elected to each of the two
houses, such proposed amendment or amendments shall be
entered on their journals, with the ayes and noes thereon,
and be submitted to the qualified electors of the state for
their approval, at the next general election; and if the people
approve and ratify such amendment or amendments, by a
majority of the electors voting thereon, the same shall
become part of this Constitution, and proclamation thereof
shall be made by the governor: Provided, That if more than
one amendment be submitted, they shall be submitted in
such a manner that the people may vote for or against such
amendments separately. The legislature shall also cause
notice of the amendments that are to be submitted to the
people to be published at least four times during the four
weeks next preceding the election in every legal newspaper
in the state: Provided, That failure of any newspaper to
publish this notice shall not be interpreted as affecting the
outcome of the election. [1961 Senate Joint Resolution No.
25, p 2753. Approved November, 1962.]
Prior amendment of Art. 1 § 11, see Amendment 4.
Art. 1 § 11 was later amended by Amendment 88.
AMENDMENT 35
Art. 2 § 25 EXTRA COMPENSATION PROHIBITED. The legislature shall never grant any extra compensation to any public officer, agent, employee, servant, or
contractor, after the services shall have been rendered, or the
contract entered into, nor shall the compensation of any
public officer be increased or diminished during his term of
office. Nothing in this section shall be deemed to prevent
increases in pensions after such pensions shall have been
granted. [1957 Senate Joint Resolution No. 18, p 1301.
Approved November 4, 1958.]
AMENDMENT 38
Article 4 was amended by adding the following section:
Art. 4 § 2(a) TEMPORARY PERFORMANCE OF
JUDICIAL DUTIES. When necessary for the prompt and
orderly administration of justice a majority of the Supreme
Court is empowered to authorize judges or retired judges of
courts of record of this state, to perform, temporarily,
judicial duties in the Supreme Court, and to authorize any
superior court judge to perform judicial duties in any
superior court of this state. [1961 House Joint Resolution
No. 6, p 2757. Approved November, 1962.]
Increase during term in compensation of certain officers authorized: See
Amendment 54.
[Vol. 0 RCW—page 82]
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Constitutional Amendments
AMENDMENT 39
Art. 2 § 42 GOVERNMENTAL CONTINUITY
DURING EMERGENCY PERIODS. The legislature, in
order to insure continuity of state and local governmental
operations in periods of emergency resulting from enemy
attack, shall have the power and the duty, immediately upon
and after adoption of this amendment, to enact legislation
providing for prompt and temporary succession to the
powers and duties of public offices of whatever nature and
whether filled by election or appointment, the incumbents
and legal successors of which may become unavailable for
carrying on the powers and duties of such offices; the
legislature shall likewise enact such other measures as may
be necessary and proper for insuring the continuity of
governmental operations during such emergencies. Legislation enacted under the powers conferred by this amendment
shall in all respects conform to the remainder of the Constitution: Provided, That if, in the judgment of the legislature
at the time of disaster, conformance to the provisions of the
Constitution would be impracticable or would admit of
undue delay, such legislation may depart during the period
of emergency caused by enemy attack only, from the
following sections of the Constitution:
Article 14, Sections 1 and 2, Seat of Government;
Article 2, Sections 8, 15 (Amendments 13 and 32), and
22, Membership, Quorum of Legislature and Passage of
Bills;
Article 3, Section 10 (Amendment 6), Succession to
Governorship: Provided, That the legislature shall not depart
from Section 10, Article III, as amended by Amendment 6,
of the state Constitution relating to the Governor’s office so
long as any successor therein named is available and capable
of assuming the powers and duties of such office as therein
prescribed;
Article 3, Section 13, Vacancies in State Offices;
Article 11, Section 6, Vacancies in County Offices;
Article 11, Section 2, Seat of County Government;
Article 3, Section 24, State Records. [1961 House Joint
Resolution No. 9, p 2758. Approved November, 1962.]
AMENDMENT 40
Art. 11 § 10 INCORPORATION OF MUNICIPALITIES. Corporations for municipal purposes shall not be
created by special laws; but the legislature, by general laws,
shall provide for the incorporation, organization and classification in proportion to population, of cities and towns, which
laws may be altered, amended or repealed. Cities and towns
heretofore organized, or incorporated may become organized
under such general laws whenever a majority of the electors
voting at a general election, shall so determine, and shall
organize in conformity therewith; and cities or towns
heretofore or hereafter organized, and all charters thereof
framed or adopted by authority of this Constitution shall be
subject to, and controlled by general laws. Any city containing a population of ten thousand inhabitants, or more, shall
be permitted to frame a charter for its own government,
consistent with and subject to the Constitution and laws of
this state, and for such purpose the legislative authority of
such city may cause an election to be had at which election
there shall be chosen by the qualified electors of said city,
fifteen freeholders thereof, who shall have been residents of
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AMENDMENT 39
said city for a period of at least two years preceding their
election and qualified electors, whose duty it shall be to
convene within ten days after their election, and prepare and
propose a charter for such city. Such proposed charter shall
be submitted to the qualified electors of said city, and if a
majority of such qualified electors voting thereon ratify the
same, it shall become the charter of said city, and shall
become the organic law thereof, and supersede any existing
charter including amendments thereto, and all special laws
inconsistent with such charter. Said proposed charter shall
be published in the daily newspaper of largest general
circulation published in the area to be incorporated as a first
class city under the charter or, if no daily newspaper is
published therein, then in the newspaper having the largest
general circulation within such area at least once each week
for four weeks next preceding the day of submitting the
same to the electors for their approval, as above provided.
All elections in this section authorized shall only be had
upon notice, which notice shall specify the object of calling
such election, and shall be given as required by law. Said
elections may be general or special elections, and except as
herein provided shall be governed by the law regulating and
controlling general or special elections in said city. Such
charter may be amended by proposals therefor submitted by
the legislative authority of such city to the electors thereof
at any general election after notice of said submission
published as above specified, and ratified by a majority of
the qualified electors voting thereon. In submitting any such
charter, or amendment thereto, any alternate article or
proposition may be presented for the choice of the voters,
and may be voted on separately without prejudice to others.
[1963 ex.s. Senate Joint Resolution No. 1, p 1526. Approved November 3, 1964.]
AMENDMENT 41
Art. 4 § 29 ELECTION OF SUPERIOR COURT
JUDGES. Notwithstanding any provision of this Constitution to the contrary, if, after the last day as provided by law
for the withdrawal of declarations of candidacy has expired,
only one candidate has filed for any single position of
superior court judge in any county containing a population
of one hundred thousand or more, no primary or election
shall be held as to such position, and a certificate of election
shall be issued to such candidate. If, after any contested
primary for superior court judge in any county, only one
candidate is entitled to have his name printed on the general
election ballot for any single position, no election shall be
held as to such position, and a certificate of election shall be
issued to such candidate: Provided, That in the event that
there is filed with the county auditor within ten days after
the date of the primary, a petition indicating that a write in
campaign will be conducted for such single position and
signed by one hundred registered voters qualified to vote
with respect of the office, then such single position shall be
subject to the general election. Provisions for the contingency of the death or disqualification of a sole candidate
between the last date for withdrawal and the time when the
election would be held but for the provisions of this section,
and such other provisions as may be deemed necessary to
implement the provisions of this section, may be enacted by
the legislature. [1965 ex.s. Substitute Senate Joint Resolution No. 6, p 2815. Approved November 8, 1966.]
[Vol. 0 RCW—page 83]
AMENDMENT 42
Constitution of the State of Washington
AMENDMENT 42
Section 33, Article II and Amendments 24 and 29
amendatory thereof, of the Constitution of the State of
Washington are each hereby repealed. [1965 ex.s. Senate
Joint Resolution No. 20, p 2816. Approved November 8,
1966.]
AMENDMENT 43
Art. 9 § 3 FUNDS FOR SUPPORT. The principal of
the common school fund as the same existed on June 30,
1965, shall remain permanent and irreducible. The said fund
shall consist of the principal amount thereof existing on June
30, 1965, and such additions thereto as may be derived after
June 30, 1965, from the following named sources, to wit:
Appropriations and donations by the state to this fund;
donations and bequests by individuals to the state or public
for common schools; the proceeds of lands and other
property which revert to the state by escheat and forfeiture;
the proceeds of all property granted to the state when the
purpose of the grant is not specified, or is uncertain; funds
accumulated in the treasury of the state for the disbursement
of which provision has not been made by law; the proceeds
of the sale of stone, minerals, or property other than timber
and other crops from school and state lands, other than those
granted for specific purposes; all moneys received from
persons appropriating stone, minerals or property other than
timber and other crops from school and state lands other
than those granted for specific purposes, and all moneys
other than rental recovered from persons trespassing on said
lands; five per centum of the proceeds of the sale of public
lands lying within the state, which shall be sold by the
United States subsequent to the admission of the state into
the Union as approved by section 13 of the act of congress
enabling the admission of the state into the Union; the
principal of all funds arising from the sale of lands and other
property which have been, and hereafter may be granted to
the state for the support of common schools. The legislature
may make further provisions for enlarging said fund.
There is hereby established the common school construction fund to be used exclusively for the purpose of
financing the construction of facilities for the common
schools. The sources of said fund shall be: (1) Those
proceeds derived from the sale or appropriation of timber
and other crops from school and state lands subsequent to
June 30, 1965, other than those granted for specific purposes; (2) the interest accruing on said permanent common
school fund from and after July 1, 1967, together with all
rentals and other revenues derived therefrom and from lands
and other property devoted to the permanent common school
fund from and after July 1, 1967; and (3) such other sources
as the legislature may direct. That portion of the common
school construction fund derived from interest on the
permanent common school fund may be used to retire such
bonds as may be authorized by law for the purpose of
financing the construction of facilities for the common
schools.
The interest accruing on the permanent common school
fund together with all rentals and other revenues accruing
thereto pursuant to subsection (2) of this section during the
period after the effective date of this amendment and prior
[Vol. 0 RCW—page 84]
to July 1, 1967, shall be exclusively applied to the current
use of the common schools.
To the extent that the moneys in the common school
construction fund are in excess of the amount necessary to
allow fulfillment of the purpose of said fund, the excess
shall be available for deposit to the credit of the permanent
common school fund or available for the current use of the
common schools, as the legislature may direct. [1965 ex.s.
Senate Joint Resolution No. 22, part 1, p 2817. Approved
November 8, 1966.]
AMENDMENT 44
Art. 16 § 5 INVESTMENT OF PERMANENT
COMMON SCHOOL FUND. The permanent common
school fund of this state may be invested as authorized by
law. [1965 ex.s. Senate Joint Resolution No. 22, part 2, p
2817. Approved November 8, 1966.]
Prior amendment of Art. 16 § 5, see Amendment 1.
AMENDMENT 45
Art. 8 § 8 PORT EXPENDITURES — INDUSTRIAL
DEVELOPMENT — PROMOTION. The use of public
funds by port districts in such manner as may be prescribed
by the legislature for industrial development or trade
promotion and promotional hosting shall be deemed a public
use for a public purpose, and shall not be deemed a gift
within the provisions of section 7 of this Article. [1965 ex.s.
Senate Joint Resolution No. 25, p 2819. Approved
November 8, 1966.]
AMENDMENT 46
Art. 6 § 1A VOTER QUALIFICATIONS FOR
PRESIDENTIAL ELECTIONS. In consideration of those
citizens of the United States who become residents of the
state of Washington during the year of a presidential election
with the intention of making this state their permanent
residence, this section is for the purpose of authorizing such
persons who can meet all qualifications for voting as set
forth in section 1 of this article, except for residence, to vote
for presidential electors or for the office of President and
Vice-President of the United States, as the case may be, but
no other: Provided, That such persons have resided in the
state at least sixty days immediately preceding the presidential election concerned.
The legislature shall establish the time, manner and
place for such persons to cast such presidential ballots.
[1965 ex.s. Substitute Joint House Resolution No. 4, p 2820.
Approved November 8, 1966.]
AMENDMENT 47
Art. 7 § 10 RETIRED PERSONS PROPERTY TAX
EXEMPTION. Notwithstanding the provisions of Article 7,
section 1 (Amendment 14) and Article 7, section 2 (Amendment 17), the following tax exemption shall be allowed as to
real property:
The legislature shall have the power, by appropriate
legislation, to grant to retired property owners relief from the
property tax on the real property occupied as a residence by
those owners. The legislature may place such restrictions
and conditions upon the granting of such relief as it shall
deem proper. Such restrictions and conditions may include,
(2004 Ed.)
Constitutional Amendments
but are not limited to, the limiting of the relief to those
property owners below a specific level of income and those
fulfilling certain minimum residential requirements. [1965
ex.s. House Joint Resolution No. 7, p 2821. Approved
November 8, 1966.]
AMENDMENT 48
Art. 8 § 3 SPECIAL INDEBTEDNESS, HOW AUTHORIZED. Except the debt specified in sections one and
two of this article, no debts shall hereafter be contracted by,
or on behalf of this state, unless such debt shall be authorized by law for some single work or object to be distinctly
specified therein, which law shall provide ways and means,
exclusive of loans, for the payment of the interest on such
debt as it falls due, and also to pay and discharge the
principal of such debt within twenty years from the time of
the contracting thereof. No such law shall take effect until
it shall, at a general election, have been submitted to the
people and have received a majority of all the votes cast for
and against it at such election, and all moneys raised by
authority of such law shall be applied only to the specific
object therein stated, or to the payment of the debt thereby
created, and notice that such law will be submitted to the
people shall be published at least four times during the four
weeks next preceding the election in every legal newspaper
in the state: Provided, That failure of any newspaper to
publish this notice shall not be interpreted as affecting the
outcome of the election. [1965 ex.s. House Joint Resolution
No. 39, p 2822. Approved November 8, 1966.]
Art. 8 § 3 was later amended by Amendment 60.
AMENDMENT 49
The Constitution was amended by adding the following
new article and section 1 thereof:
Article XXIX
INVESTMENTS OF PUBLIC PENSION AND
RETIREMENT FUNDS
Art. 29 § 1 MAY BE INVESTED AS AUTHORIZED
BY LAW. Notwithstanding the provisions of sections 5, and
7 of Article VIII and section 9 of Article XII or any other
section or article of the Constitution of the state of Washington, the moneys of any public pension or retirement fund
may be invested as authorized by law. [1967 Senate Joint
Resolution No. 5; see 1969 p 2975. Approved November 5,
1968.]
Art. 29 § 1 was later amended by Amendments 75 and 93.
AMENDMENT 50
Article 4 was amended by adding the following section:
Art. 4 § 30 COURT OF APPEALS. (1) Authorization. In addition to the courts authorized in section 1 of this
article, judicial power is vested in a court of appeals, which
shall be established by statute.
(2) Jurisdiction. The jurisdiction of the court of
appeals shall be as provided by statute or by rules authorized
by statute.
(3) Review of Superior Court. Superior court actions
may be reviewed by the court of appeals or by the supreme
court as provided by statute or by rule authorized by statute.
(2004 Ed.)
AMENDMENT 47
(4) Judges. The number, manner of election, compensation, terms of office, removal and retirement of judges of
the court of appeals shall be as provided by statute.
(5) Administration and Procedure. The administration
and procedures of the court of appeals shall be as provided
by rules issued by the supreme court.
(6) Conflicts. The provisions of this section shall
supersede any conflicting provisions in prior sections of this
article. [1967 Senate Joint Resolution No. 6; see 1969 p
2975. Approved November 5, 1968.]
Reviser’s note: This section which was adopted as Art. 4 § 29 is
herein renumbered Art. 4 § 30 to avoid confusion with Amendment 41.
AMENDMENT 51
Article 8 was amended by adding the following section:
Art. 8 § 9 STATE BUILDING AUTHORITY. The
legislature is empowered notwithstanding any other provision
in this Constitution, to provide for a state building authority
in corporate and politic form which may contract with
agencies or departments of the state government to construct
upon land owned by the state or its agencies, or to be
acquired by the state building authority, buildings and
appurtenant improvements which such state agencies or
departments are hereby empowered to lease at reasonable
rental rates from the Washington state building authority for
terms up to seventy-five years with provisions for eventual
vesting of title in the state or its agencies. This section shall
not be construed as authority to provide buildings through
lease or otherwise to nongovernmental entities. The legislature may authorize the state building authority to borrow
funds solely upon its own credit and to issue bonds or other
evidences of indebtedness therefor to be repaid from its
revenues and to secure the same by pledging its income or
mortgaging its leaseholds. The provisions of sections 1 and
3 of this article shall not apply to indebtedness incurred
pursuant to this section. [1967 Senate Joint Resolution No.
17; see 1969 p 2976. Approved November 5, 1968.]
Reviser’s note: This section which was adopted as Art. 8 § 8 is
herein renumbered as Art. 8 § 9 to avoid confusion with Amendment 45.
AMENDMENT 52
Art. 2 § 15 VACANCIES IN LEGISLATURE AND
IN PARTISAN COUNTY ELECTIVE OFFICE. Such
vacancies as may occur in either house of the legislature or
in any partisan county elective office shall be filled by
appointment by the board of county commissioners of the
county in which the vacancy occurs: Provided, That the
person appointed to fill the vacancy must be from the same
legislative district, county or county commissioner district
and the same political party as the legislator or partisan
county elective officer whose office has been vacated, and
shall be one of three persons who shall be nominated by the
county central committee of that party, and in case a
majority of said county commissioners do not agree upon the
appointment within sixty days after the vacancy occurs, the
governor shall within thirty days thereafter, and from the list
of nominees provided for herein, appoint a person who shall
be from the same legislative district, county or county
commissioner district and of the same political party as the
legislator or partisan county elective officer whose office has
been vacated, and the person so appointed shall hold office
until his successor is elected at the next general election, and
[Vol. 0 RCW—page 85]
AMENDMENT 52
Constitution of the State of Washington
shall have qualified: Provided, That in case of a vacancy
occurring in the office of joint senator, or joint representative, the vacancy shall be filled from a list of three nominees
selected by the state central committee, by appointment by
the joint action of the boards of county commissioners of the
counties composing the joint senatorial or joint representative
district, the person appointed to fill the vacancy must be
from the same legislative district and of the same political
party as the legislator whose office has been vacated, and in
case a majority of said county commissioners do not agree
upon the appointment within sixty days after the vacancy
occurs, the governor shall within thirty days thereafter, and
from the list of nominees provided for herein, appoint a
person who shall be from the same legislative district and of
the same political party as the legislator whose office has
been vacated.
Art. 11 § 6 VACANCIES IN TOWNSHIP, PRECINCT OR ROAD DISTRICT OFFICE. The board of
county commissioners in each county shall fill all vacancies
occurring in any township, precinct or road district office of
such county by appointment, and officers thus appointed
shall hold office till the next general election, and until their
successors are elected and qualified. [1967 Senate Joint
Resolution No. 24; see 1969 p 2976. Approved November
5, 1968.]
Prior amendment of Art. 2 § 15, see Amendments 13 and 32.
Later amendment of Art. 2 § 15, see Amendment 96.
AMENDMENT 53
Article 7 was amended by adding the following section:
Art. 7 § 11 TAXATION BASED ON ACTUAL USE.
Nothing in this Article VII as amended shall prevent the
legislature from providing, subject to such conditions as it
may enact, that the true and fair value in money (a) of
farms, agricultural lands, standing timber and timberlands,
and (b) of other open space lands which are used for
recreation or for enjoyment of their scenic or natural beauty
shall be based on the use to which such property is currently
applied, and such values shall be used in computing the
assessed valuation of such property in the same manner as
the assessed valuation is computed for all property. [1967
House Joint Resolution No. 1; see 1969 p 2976. Approved
November 5, 1968.]
AMENDMENT 54
The Constitution was amended by adding the following
new article and section 1 thereof:
Article XXX*
COMPENSATION OF PUBLIC OFFICERS**
Art. 30 § 1 AUTHORIZING COMPENSATION INCREASE DURING TERM. The compensation of all
elective and appointive state, county, and municipal officers
who do not fix their own compensation, including judges of
courts of record and the justice courts may be increased
during their terms of office to the end that such officers and
judges shall each severally receive compensation for their
services in accordance with the law in effect at the time the
services are being rendered.
[Vol. 0 RCW—page 86]
The provisions of section 25 of Article II (Amendment
35), section 25 of Article III (Amendment 31), section 13 of
Article IV, section 8 of Article XI, and section 1 of Article
XXVIII (Amendment 20) insofar as they are inconsistent
herewith are hereby repealed. [1967 House Joint Resolution
No. 13; see 1969 p 2976. Approved November 5, 1968.]
Reviser’s note: *(1) Amendment 49 (1967 SJR No. 5) and Amendment 54 (1967 HJR No. 13) each added a new Article XXIX to the
Constitution. Amendment 49 is carried herein as Article XXIX while
Amendment 54 has been herein redesignated as Article XXX.
**(2) The name of this Article has been supplied by the reviser.
AMENDMENT 55
Art. 7 § 2 LIMITATION ON LEVIES. Except as
hereinafter provided and notwithstanding any other provision
of this Constitution, the aggregate of all tax levies upon real
and personal property by the state and all taxing districts
now existing or hereafter created, shall not in any year
exceed one percentum of the true and fair value of such
property in money: Provided, however, That nothing herein
shall prevent levies at the rates now provided by law by or
for any port or public utility district. The term "taxing
district" for the purposes of this section shall mean any
political subdivision, municipal corporation, district, or other
governmental agency authorized by law to levy, or have
levied for it, ad valorem taxes on property, other than a port
or public utility district. Such aggregate limitation or any
specific limitation imposed by law in conformity therewith
may be exceeded only
(a) By any taxing district when specifically authorized
so to do by a majority of at least three-fifths of the electors
thereof voting on the proposition to levy such additional tax
submitted not more than twelve months prior to the date on
which the proposed levy is to be made and not oftener than
twice in such twelve month period, either at a special
election or at the regular election of such taxing district, at
which election the number of persons voting on the proposition shall constitute not less than forty per centum of the
total number of votes cast in such taxing district at the last
preceding general election;
(b) By any taxing district otherwise authorized by law
to issue general obligation bonds for capital purposes, for the
sole purpose of making the required payments of principal
and interest on general obligation bonds issued solely for
capital purposes, other than the replacement of equipment,
when authorized so to do by majority of at least three-fifths
of the electors thereof voting on the proposition to issue such
bonds and to pay the principal and interest thereon by an
annual tax levy in excess of the limitation herein provided
during the term of such bonds, submitted not oftener than
twice in any calendar year, at an election held in the manner
provided by law for bond elections in such taxing district, at
which election the total number of persons voting on the
proposition shall constitute not less than forty per centum of
the total number of votes cast in such taxing district at the
last preceding general election: Provided, That any such
taxing district shall have the right by vote of its governing
body to refund any general obligation bonds of said district
issued for capital purposes only, and to provide for the
interest thereon and amortization thereof by annual levies in
excess of the tax limitation provided for herein, And Provided Further, That the provisions of this section shall also be
(2004 Ed.)
Constitutional Amendments
subject to the limitations contained in Article VIII, section 6,
of this Constitution;
(c) By the state or any taxing district for the purpose of
paying the principal or interest on general obligation bonds
outstanding on December 6, 1934; or for the purpose of
preventing the impairment of the obligation of a contract
when ordered so to do by a court of last resort. [1971
Senate Joint Resolution No. 1, p 1827. Approved November
7, 1972.]
Reviser’s note: Art. 7 § 2 was also amended at the November 7,
1972 general election by Amendment 59. (HJR 47.)
Prior amendment of Art. 7 § 2, see Amendment 17.
Art. 7 § 2 was later amended by Amendments 59, 64, 79, 90, and 95.
AMENDMENT 56
Art. 2 § 24 LOTTERIES AND DIVORCE. The
legislature shall never grant any divorce. Lotteries shall be
prohibited except as specifically authorized upon the affirmative vote of sixty percent of the members of each house of
the legislature or, notwithstanding any other provision of this
Constitution, by referendum or initiative approved by a sixty
percent affirmative vote of the electors voting thereon.
[1971 Senate Joint Resolution No. 5, p 1828. Approved
November 7, 1972.]
AMENDMENT 57
Art. 11 § 5 COUNTY GOVERNMENT. The legislature, by general and uniform laws, shall provide for the
election in the several counties of boards of county commissioners, sheriffs, county clerks, treasurers, prosecuting
attorneys and other county, township or precinct and district
officers, as public convenience may require, and shall
prescribe their duties, and fix their terms of office: Provided, That the legislature may, by general laws, classify the
counties by population and provide for the election in certain
classes of counties certain officers who shall exercise the
powers and perform the duties of two or more officers. It
shall regulate the compensation of all such officers, in
proportion to their duties, and for that purpose may classify
the counties by population: Provided, That it may delegate
to the legislative authority of the counties the right to
prescribe the salaries of its own members and the salaries of
other county officers. And it shall provide for the strict
accountability of such officers for all fees which may be
collected by them and for all public moneys which may be
paid to them, or officially come into their possession.
Art. 11 § 8 SALARIES AND LIMITATIONS AFFECTING. The salary of any county, city, town, or municipal officers shall not be increased except as provided in
section 1 of Article XXX or diminished after his election, or
during his term of office; nor shall the term of any such
officer be extended beyond the period for which he is
elected or appointed. [1971 Senate Joint Resolution No. 38,
p 1829. Approved November 7, 1972.]
Prior amendment of Art. 11 § 5, see Amendment 12.
(2004 Ed.)
AMENDMENT 55
AMENDMENT 58
Art. 11 § 16 COMBINED CITY-COUNTY. Any
county may frame a "Home Rule" charter subject to the
Constitution and laws of this state to provide for the formation and government of combined city and county municipal
corporations, each of which shall be known as "city-county".
Registered voters equal in number to ten (10) percent of the
voters of any such county voting at the last preceding
general election may at any time propose by a petition the
calling of an election of freeholders. The provisions of
section 4 of this Article with respect to a petition calling for
an election of freeholders to frame a county home rule
charter, the election of freeholders, and the framing and
adoption of a county home rule charter pursuant to such
petition shall apply to a petition proposed under this section
for the election of freeholders to frame a city-county charter,
the election of freeholders, and to the framing and adoption
of such city-county charter pursuant to such petition. Except
as otherwise provided in this section, the provisions of
section 4 applicable to a county home rule charter shall
apply to a city-county charter. If there are not sufficient
legal newspapers published in the county to meet the
requirements for publication of a proposed charter under
section 4 of this Article, publication in a legal newspaper
circulated in the county may be substituted for publication in
a legal newspaper published in the county. No such
"city-county" shall be formed except by a majority vote of
the qualified electors voting thereon in the county. The
charter shall designate the respective officers of such
city-county who shall perform the duties imposed by law
upon county officers. Every such city-county shall have and
enjoy all rights, powers and privileges asserted in its charter,
and in addition thereto, such rights, powers and privileges as
may be granted to it, or to any city or county or class or
classes of cities and counties. In the event of a conflict in
the constitutional provisions applying to cities and those
applying to counties or of a conflict in the general laws
applying to cities and those applying to counties, a
city-county shall be authorized to exercise any powers that
are granted to either the cities or the counties.
No legislative enactment which is a prohibition or
restriction shall apply to the rights, powers and privileges of
a city-county unless such prohibition or restriction shall
apply equally to every other city, county, and city-county.
The provisions of sections 2, 3, 5, 6, and 8 and of the
first paragraph of section 4 of this Article shall not apply to
any such city-county.
Municipal corporations may be retained or otherwise
provided for within the city-county. The formation, powers
and duties of such municipal corporations shall be prescribed
by the charter.
No city-county shall for any purpose become indebted
in any manner to an amount exceeding three per centum of
the taxable property in such city-county without the assent
of three-fifths of the voters therein voting at an election to
be held for that purpose, nor in cases requiring such assent
shall the total indebtedness at any time exceed ten per
centum of the value of the taxable property therein, to be
ascertained by the last assessment for city-county purposes
previous to the incurring of such indebtedness: Provided,
That no part of the indebtedness allowed in this section shall
be incurred for any purpose other than strictly city-county or
[Vol. 0 RCW—page 87]
AMENDMENT 58
Constitution of the State of Washington
other municipal purposes: Provided further, That any
city-county, with such assent may be allowed to become
indebted to a larger amount, but not exceeding five per
centum additional for supplying such city-county with water,
artificial light, and sewers, when the works for supplying
such water, light, and sewers shall be owned and controlled
by the city-county.
No municipal corporation which is retained or otherwise
provided for within the city-county shall for any purpose
become indebted in any manner to an amount exceeding one
and one-half per centum of the taxable property in such
municipal corporation without the assent of three-fifths of
the voters therein voting at an election to be held for that
purpose, nor shall the total indebtedness at any time exceed
five per centum of the value of the taxable property therein,
to be ascertained by the last assessment for city-county
purposes previous to the incurring of such indebtedness:
Provided, That no part of the indebtedness allowed in this
section shall be incurred for any purpose other than strictly
municipal purposes: Provided further, That any such
municipal corporation, with such assent, may be allowed to
become indebted to a larger amount, but not exceeding five
per centum additional for supplying such municipal corporation with water, artificial light, and sewers, when the works
for supplying such water, light, and sewers shall be owned
and controlled by the municipal corporation. All taxes
which are levied and collected within a municipal corporation for a specific purpose shall be expended within that
municipal corporation.
The authority conferred on the city-county government
shall not be restricted by the second sentence of Article 7,
section 1, or by Article 8, section 6 of this Constitution.
[1971 House Joint Resolution No. 21, p 1831. Approved
November 7, 1972.]
Prior amendment of Art. 11 § 16, see Amendment 23.
AMENDMENT 59
Art. 7 § 2 LIMITATION ON LEVIES. Except as
hereinafter provided and notwithstanding any other provision
of this Constitution, the aggregate of all tax levies upon real
and personal property by the state and all taxing districts
now existing or hereafter created, shall not in any year
exceed forty mills on the dollar of assessed valuation, which
assessed valuation shall be fifty per centum of the true and
fair value of such property in money: Provided, however,
That nothing herein shall prevent levies at the rates now
provided by law by or for any port or public utility district.
The term "taxing district" for the purposes of this section
shall mean any political subdivision, municipal corporation,
district, or other governmental agency authorized by law to
levy, or have levied for it, ad valorem taxes on property,
other than a port or public utility district. Such aggregate
limitation or any specific limitation imposed by law in
conformity therewith may be exceeded only
(a) By any taxing district when specifically authorized
so to do by a majority of at least three-fifths of the electors
thereof voting on the proposition to levy such additional tax
submitted not more than twelve months prior to the date on
which the proposed levy is to be made and not oftener than
twice in such twelve month period, either at a special
election or at the regular election of such taxing district, at
which election the number of persons voting "yes" on the
[Vol. 0 RCW—page 88]
proposition shall constitute three-fifths of a number equal to
forty per centum of the total votes cast in such taxing district
at the last preceding general election when the number of
electors voting on the proposition does not exceed forty per
centum of the total votes cast in such taxing district in the
last preceding general election; or by a majority of at least
three-fifths of the electors thereof voting on the proposition
to levy when the number of electors voting on the proposition exceeds forty per centum of the total votes cast in such
taxing district in the last preceding general election;
(b) By any taxing district otherwise authorized by law
to issue general obligation bonds for capital purposes, for the
sole purpose of making the required payments of principal
and interest on general obligation bonds issued solely for
capital purposes, other than the replacement of equipment,
when authorized so to do by majority of at least three-fifths
of the electors thereof voting on the proposition to issue such
bonds and to pay the principal and interest thereon by an
annual tax levy in excess of the limitation herein provided
during the term of such bonds, submitted not oftener than
twice in any calendar year, at an election held in the manner
provided by law for bond elections in such taxing district, at
which election the total number of persons voting on the
proposition shall constitute not less than forty per centum of
the total number of votes cast in such taxing district at the
last preceding general election: Provided, That any such
taxing district shall have the right by vote of its governing
body to refund any general obligation bonds of said district
issued for capital purposes only, and to provide for the
interest thereon and amortization thereof by annual levies in
excess of the tax limitation provided for herein, And provided further, That the provisions of this section shall also be
subject to the limitations contained in Article VIII, section 6,
of this Constitution;
(c) By the state or any taxing district for the purpose of
paying the principal or interest on general obligation bonds
outstanding on December 6, 1934; or for the purpose of
preventing the impairment of the obligation of a contract
when ordered so to do by a court of last resort. [1971
House Joint Resolution No. 47, p 1834. Approved November 7, 1972.]
Reviser’s note: Art. 7 § 2 was also amended at the November 7,
1972, general election by Amendment 55 (SJR 1). 1971 HJR No. 47
contained the following paragraph:
"Be It Further Resolved, That the foregoing amendment shall be
submitted to the qualified electors of the state in such a manner that they
may vote for or against it separately from the proposed amendment to
Article VII, section 2, (Amendment 17) of the Constitution of the State of
Washington contained in Senate Joint Resolution No. 1: Provided, That if
both proposed amendments are approved and ratified, both shall become
part of the Constitution."
Prior amendment of Art. 7 § 2, see Amendments 17 and 55.
Art. 7 § 2 was later amended by Amendments 64, 79, 90, and 95.
AMENDMENT 60
Art. 8 § 1 STATE DEBT. (a) The state may contract
debt, the principal of which shall be paid and discharged
within thirty years from the time of contracting thereof, in
the manner set forth herein.
(b) The aggregate debt contracted by the state shall not
exceed that amount for which payments of principal and
interest in any fiscal year would require the state to expend
more than nine percent of the arithmetic mean of its general
(2004 Ed.)
Constitutional Amendments
state revenues for the three immediately preceding fiscal
years as certified by the treasurer. The term "fiscal year"
means that period of time commencing July 1 of any year
and ending on June 30 of the following year.
(c) The term "general state revenues" when used in this
section, shall include all state money received in the treasury
from each and every source whatsoever except: (1) Fees and
revenues derived from the ownership or operation of any
undertaking, facility, or project; (2) Moneys received as
gifts, grants, donations, aid, or assistance or otherwise from
the United States or any department, bureau, or corporation
thereof, or any person, firm, or corporation, public or
private, when the terms and conditions of such gift, grant,
donation, aid, or assistance require the application and
disbursement of such moneys otherwise than for the general
purposes of the state of Washington; (3) Moneys to be paid
into and received from retirement system funds, and performance bonds and deposits; (4) Moneys to be paid into and
received from trust funds including but not limited to
moneys received from taxes levied for specific purposes and
the several permanent and irreducible funds of the state and
the moneys derived therefrom but excluding bond redemption funds; (5) Proceeds received from the sale of bonds or
other evidences of indebtedness.
(d) In computing the amount required for payment of
principal and interest on outstanding debt under this section,
debt shall be construed to mean borrowed money represented
by bonds, notes, or other evidences of indebtedness which
are secured by the full faith and credit of the state or are
required to be repaid, directly or indirectly, from general
state revenues and which are incurred by the state, any
department, authority, public corporation, or quasi public
corporation of the state, any state university or college, or
any other public agency created by the state but not by
counties, cities, towns, school districts, or other municipal
corporations, but shall not include obligations for the
payment of current expenses of state government, nor shall
it include debt hereafter incurred pursuant to section 3 of this
Article, obligations guaranteed as provided for in subsection
(f) of this section, principal of bond anticipation notes or
obligations issued to fund or refund the indebtedness of the
Washington state building authority.
(e) The state may, without limitation, fund or refund, at
or prior to maturity, the whole or any part of any existing
debt or of any debt hereafter contracted pursuant to section
1, section 2, or section 3 of this Article, including any
premium payable with respect thereto and interest thereon,
or fund or refund, at or prior to maturity, the whole or any
part of any indebtedness incurred or authorized prior to the
effective date of this amendment by any entity of the type
described in subsection (g) of this section, including any
premium payable with respect thereto and any interest
thereon. Such funding or refunding shall not be deemed to
be contracting debt by the state.
(f) Notwithstanding the limitation contained in subsection (b) of this section, the state may pledge its full faith,
credit, and taxing power to guarantee the payment of any
obligation payable from revenues received from any of the
following sources: (1) Fees collected by the state as license
fees for motor vehicles; (2) Excise taxes collected by the
state on the sale, distribution or use of motor vehicle fuel;
and (3) Interest on the permanent common school fund:
(2004 Ed.)
AMENDMENT 60
Provided, That the legislature shall, at all times, provide
sufficient revenues from such sources to pay the principal
and interest due on all obligations for which said source of
revenue is pledged.
(g) No money shall be paid from funds in custody of
the treasurer with respect to any debt contracted after the
effective date of this amendment by the Washington state
building authority, the capitol committee, or any similar
entity existing or operating for similar purposes pursuant to
which such entity undertakes to finance or provide a facility
for use or occupancy by the state or any agency, department,
or instrumentality thereof.
(h) The legislature shall prescribe all matters relating to
the contracting, funding or refunding of debt pursuant to this
section, including: The purposes for which debt may be
contracted; by a favorable vote of three-fifths of the members elected to each house, the amount of debt which may be
contracted for any class of such purposes; the kinds of notes,
bonds, or other evidences of debt which may be issued by
the state; and the manner by which the treasurer shall
determine and advise the legislature, any appropriate agency,
officer, or instrumentality of the state as to the available debt
capacity within the limitation set forth in this section. The
legislature may delegate to any state officer, agency, or
instrumentality any of its powers relating to the contracting,
funding or refunding of debt pursuant to this section except
its power to determine the amount and purposes for which
debt may be contracted.
(i) The full faith, credit, and taxing power of the state
of Washington are pledged to the payment of the debt
created on behalf of the state pursuant to this section and the
legislature shall provide by appropriation for the payment of
the interest upon and installments of principal of all such
debt as the same falls due, but in any event, any court of
record may compel such payment.
(j) Notwithstanding the limitations contained in subsection (b) of this section, the state may issue certificates of
indebtedness in such sum or sums as may be necessary to
meet temporary deficiencies of the treasury, to preserve the
best interests of the state in the conduct of the various state
institutions, departments, bureaus, and agencies during each
fiscal year; such certificates may be issued only to provide
for appropriations already made by the legislature and such
certificates must be retired and the debt discharged other
than by refunding within twelve months after the date of
incurrence.
(k) Bonds, notes, or other obligations issued and sold by
the state of Washington pursuant to and in conformity with
this Article shall not be invalid for any irregularity or defect
in the proceedings of the issuance or sale thereof and shall
be incontestable in the hands of a bona fide purchaser or
holder thereof.
Art. 8 § 3 SPECIAL INDEBTEDNESS, HOW AUTHORIZED. Except the debt specified in sections one and
two of this Article, no debts shall hereafter be contracted by,
or on behalf of this state, unless such debt shall be authorized by law for some single work or object to be distinctly
specified therein. No such law shall take effect until it shall,
at a general election, or a special election called for that
purpose, have been submitted to the people and have
received a majority of all the votes cast for and against it at
[Vol. 0 RCW—page 89]
AMENDMENT 60
Constitution of the State of Washington
such election. [1971 House Joint Resolution No. 52, p 1836.
Approved November 7, 1972.]
Prior amendment of Art. 8 § 3, see Amendment 48.
Art. 8 § 3 was later amended by Amendment 92.
AMENDMENT 61
The Constitution was amended by adding the following
new article and sections 1 and 2 thereof:
Article XXXI
SEX EQUALITY — RIGHTS AND
RESPONSIBILITIES
Art. 31 § 1 EQUALITY NOT DENIED BECAUSE OF
SEX. Equality of rights and responsibility under the law
shall not be denied or abridged on account of sex.
Art. 31 § 2 ENFORCEMENT POWER OF LEGISLATURE. The legislature shall have the power to enforce, by
appropriate legislation, the provisions of this article. [1972
House Joint Resolution No. 61, p 526. Approved November
7, 1972.]
The name of this article has been supplied by the reviser.
AMENDMENT 62
Art. 3 § 12 VETO POWER. Every act which shall
have passed the legislature shall be, before it becomes a law,
presented to the governor. If he approves, he shall sign it;
but if not, he shall return it, with his objections, to that
house in which it shall have originated, which house shall
enter the objections at large upon the journal and proceed to
reconsider. If, after such reconsideration, two-thirds of the
members present shall agree to pass the bill it shall be sent,
together with the objections, to the other house, by which it
shall likewise be reconsidered, and if approved by two-thirds
of the members present, it shall become a law; but in all
such cases the vote of both houses shall be determined by
the yeas and nays, and the names of the members voting for
or against the bill shall be entered upon the journal of each
house respectively. If any bill shall not be returned by the
governor within five days, Sundays excepted, after it shall be
presented to him, it shall become a law without his signature, unless the general adjournment shall prevent its return,
in which case it shall become a law unless the governor,
within twenty days next after the adjournment, Sundays
excepted, shall file such bill with his objections thereto, in
the office of secretary of state, who shall lay the same before
the legislature at its next session in like manner as if it had
been returned by the governor: Provided, That within
forty-five days next after the adjournment, Sundays excepted,
the legislature may, upon petition by a two-thirds majority or
more of the membership of each house, reconvene in
extraordinary session, not to exceed five days duration,
solely to reconsider any bills vetoed. If any bill presented
to the governor contain[s] several sections or appropriation
items, he may object to one or more sections or appropriation items while approving other portions of the bill:
Provided, That he may not object to less than an entire
section, except that if the section contain[s] one or more
appropriation items he may object to any such appropriation
item or items. In case of objection he shall append to the
[Vol. 0 RCW—page 90]
bill, at the time of signing it, a statement of the section or
sections, appropriation item or items to which he objects and
the reasons therefor; and the section or sections, appropriation item or items so objected to shall not take effect unless
passed over the governor’s objection, as hereinbefore
provided. The provisions of Article II, section 12 insofar as
they are inconsistent herewith are hereby repealed. [1974
Senate Joint Resolution No. 140, p 806. Approved
November 5, 1974.]
AMENDMENT 63
Art. 6 § 1 QUALIFICATIONS OF ELECTORS. All
persons of the age of eighteen years or over who are citizens
of the United States and who have lived in the state, county,
and precinct thirty days immediately preceding the election
at which they offer to vote, except those disqualified by
Article VI, section 3 of this Constitution, shall be entitled to
vote at all elections. [1974 Senate Joint Resolution No. 143,
p 807. Approved November 5, 1974.]
Prior amendment of Art. 6 § 1, see Amendments 2 and 5.
AMENDMENT 64
Art. 7 § 2 LIMITATION ON LEVIES. Except as
hereinafter provided and notwithstanding any other provision
of this Constitution, the aggregate of all tax levies upon real
and personal property by the state and all taxing districts
now existing or hereafter created, shall not in any year
exceed one per centum of the true and fair value of such
property in money: Provided, however, That nothing herein
shall prevent levies at the rates now provided by law by or
for any port or public utility district. The term "taxing
district" for the purposes of this section shall mean any
political subdivision, municipal corporation, district, or other
governmental agency authorized by law to levy, or have
levied for it, ad valorem taxes on property, other than a port
or public utility district. Such aggregate limitation or any
specific limitation imposed by law in conformity therewith
may be exceeded only
(a) By any taxing district when specifically authorized
so to do by a majority of at least three-fifths of the electors
thereof voting on the proposition to levy such additional tax
submitted not more than twelve months prior to the date on
which the proposed levy is to be made and not oftener than
twice in such twelve month period, either at a special
election or at the regular election of such taxing district, at
which election the number of persons voting "yes" on the
proposition shall constitute three-fifths of a number equal to
forty per centum of the total votes cast in such taxing district
at the last preceding general election when the number of
electors voting on the proposition does not exceed forty per
centum of the total votes cast in such taxing district in the
last preceding general election; or by a majority of at least
three-fifths of the electors thereof voting on the proposition
to levy when the number of electors voting on the proposition exceeds forty percentum of the total votes cast in such
taxing district in the last preceding general election:
Provided, That notwithstanding any other provision of this
Constitution, any proposition pursuant to this subsection to
levy additional tax for the support of the common schools
may provide such support for a two year period;
(2004 Ed.)
Constitutional Amendments
(b) By any taxing district otherwise authorized by
law to issue general obligation bonds for capital purposes,
for the sole purpose of making the required payments of
principal and interest on general obligation bonds issued
solely for capital purposes, other than the replacement of
equipment, when authorized so to do by majority of at least
three-fifths of the electors thereof voting on the proposition
to issue such bonds and to pay the principal and interest
thereon by an annual tax levy in excess of the limitation
herein provided during the term of such bonds, submitted not
oftener than twice in any calendar year, at an election held
in the manner provided by law for bond elections in such
taxing district, at which election the total number of persons
voting on the proposition shall constitute not less than forty
per centum of the total number of votes cast in such taxing
district at the last preceding general election: Provided, That
any such taxing district shall have the right by vote of its
governing body to refund any general obligation bonds of
said district issued for capital purposes only, and to provide
for the interest thereon and amortization thereof by annual
levies in excess of the tax limitation provided for herein,
And provided further, That the provisions of this section
shall also be subject to the limitations contained in Article
VIII, Section 6, of this Constitution;
(c) By the state or any taxing district for the purpose of
paying the principal or interest on general obligation bonds
outstanding on December 6, 1934; or for the purpose of
preventing the impairment of the obligation of a contract
when ordered so to do by a court of last resort. [1975-’76
2nd ex.s. Senate Joint Resolution No. 137, p 518. Approved
November 2, 1976.]
Prior amendment of Art. 7 § 2, see Amendments 17, 55, and 59.
Art. 7 § 2 was later amended by Amendments 79, 90, and 95.
AMENDMENT 65
Art. 4 § 6 JURISDICTION OF SUPERIOR COURTS.
The superior court shall have original jurisdiction in all cases
in equity and in all cases at law which involve the title or
possession of real property, or the legality of any tax,
impost, assessment, toll, or municipal fine, and in all other
cases in which the demand or the value of the property in
controversy amounts to three thousand dollars or as otherwise determined by law, or a lesser sum in excess of the
jurisdiction granted to justices of the peace and other inferior
courts, and in all criminal cases amounting to felony, and in
all cases of misdemeanor not otherwise provided for by law;
of actions of forcible entry and detainer; of proceedings in
insolvency; of actions to prevent or abate a nuisance; of all
matters of probate, of divorce, and for annulment of marriage; and for such special cases and proceedings as are not
otherwise provided for. The superior court shall also have
original jurisdiction in all cases and of all proceedings in
which jurisdiction shall not have been by law vested exclusively in some other court; and said court shall have the
power of naturalization and to issue papers therefor. They
shall have such appellate jurisdiction in cases arising in
justices’ and other inferior courts in their respective counties
as may be prescribed by law. They shall always be open,
except on nonjudicial days, and their process shall extend to
all parts of the state. Said courts and their judges shall have
power to issue writs of mandamus, quo warranto, review,
certiorari, prohibition, and writs of habeas corpus, on petition
(2004 Ed.)
AMENDMENT 64
by or on behalf of any person in actual custody in their
respective counties. Injunctions and writs of prohibition and
of habeas corpus may be issued and served on legal holidays
and nonjudicial days. [1977 Senate Joint Resolution No.
113, p 1714. Approved November 8, 1977.]
Art. 4 § 10 JUSTICES OF THE PEACE. The legislature shall determine the number of justices of the peace to be
elected and shall prescribe by law the powers, duties and
jurisdiction of justices of the peace: Provided, That such
jurisdiction granted by the legislature shall not trench upon
the jurisdiction of superior or other courts of record, except
that justices of the peace may be made police justices of
incorporated cities and towns. Justices of the peace shall
have original jurisdiction in cases where the demand or value
of the property in controversy is less than three hundred
dollars or such greater sum, not to exceed three thousand
dollars or as otherwise determined by law, as shall be
prescribed by the legislature. In incorporated cities or towns
having more than five thousand inhabitants, the justices of
the peace shall receive such salary as may be provided by
law, and shall receive no fees for their own use. [1977
Senate Joint Resolution No. 113, p 1714. Approved November 8, 1977.]
Prior amendment of Art. 4 § 6 and § 10, see Amendment 28.
AMENDMENT 66
Art. 12 § 18 RATES FOR TRANSPORTATION. The
legislature may pass laws establishing reasonable rates of
charges for the transportation of passengers and freight, and
to correct abuses and prevent discrimination and extortion
in the rates of freight and passenger tariffs on the different
railroads and other common carriers in the state, and shall
enforce such laws by adequate penalties. A railroad and
transportation commission may be established and its powers
and duties fully defined by law. [1977 House Joint Resolution No. 55, p 1713. Approved November 8, 1977.]
AMENDMENT 67
Art. 12 § 14 PROHIBITION AGAINST COMBINATIONS BY CARRIERS. [Repealed by 1977 House Joint
Resolution No. 57, p 1714. Approved November 8, 1977.]
AMENDMENT 68
Art. 2 § 12 SESSIONS, WHEN — DURATION. (1)
Regular Sessions. A regular session of the legislature shall
be convened each year. Regular sessions shall convene on
such day and at such time as the legislature shall determine
by statute. During each odd-numbered year, the regular
session shall not be more than one hundred five consecutive
days. During each even-numbered year, the regular session
shall not be more than sixty consecutive days.
(2) Special Legislative Sessions. Special legislative
sessions may be convened for a period of not more than
thirty consecutive days by proclamation of the governor
pursuant to Article III, section 7 of this Constitution.
Special legislative sessions may also be convened for a
period of not more than thirty consecutive days by resolution
of the legislature upon the affirmative vote in each house of
two-thirds of the members elected or appointed thereto,
which vote may be taken and resolution executed either
[Vol. 0 RCW—page 91]
AMENDMENT 68
Constitution of the State of Washington
while the legislature is in session or during any interim
between sessions in accordance with such procedures as the
legislature may provide by law or resolution. The resolution
convening the legislature shall specify a purpose or purposes
for the convening of a special session, and any special
session convened by the resolution shall consider only
measures germane to the purpose or purposes expressed in
the resolution, unless by resolution adopted during the
session upon the affirmative vote in each house of two-thirds
of the members elected or appointed thereto, an additional
purpose or purposes are expressed. The specification of
purpose by the governor pursuant to Article III, section 7 of
this Constitution shall be considered by the legislature but
shall not be mandatory.
(3) Committees of the Legislature. Standing and special
committees of the legislature shall meet and conduct official
business pursuant to such rules as the legislature may adopt.
[1979 Substitute Senate Joint Resolution No. 110, p 2286.
Approved November 6, 1979.]
AMENDMENT 69
Art. 2 § 13 LIMITATION ON MEMBERS HOLDING
OFFICE IN THE STATE. 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 during the term for which he was elected. Any
member of the legislature who is appointed or elected to any
civil office in the state, the emoluments of which have been
increased during his legislative term of office, shall be
compensated for the initial term of the civil office at the
level designated prior to the increase in emoluments. [1979
Senate Joint Resolution No. 112, p 2287. Approved
November 6, 1979.]
AMENDMENT 70
Article 8 was amended by adding the following section:
Art. 8 § 10 RESIDENTIAL ENERGY CONSERVATION. Notwithstanding the provisions of section 7 of this
Article, until January 1, 1990 any county, city, town, quasi
municipal corporation, municipal corporation, or political
subdivision of the state which is engaged in the sale or
distribution of energy may, as authorized by the legislature,
use public moneys or credit derived from operating revenues
from the sale of energy to assist the owners of residential
structures in financing the acquisition and installation of
materials and equipment for the conservation or more
efficient use of energy in such structures. Except as provided in section 7 of this Article, an appropriate charge back
shall be made for such extension of public moneys or credit
and the same shall be a lien against the residential structure
benefited. Except as to contracts entered into prior thereto,
this amendment to the state Constitution shall be null and
void as of January 1, 1990 and shall have no further force or
effect after that date. [1979 Substitute Senate Joint Resolution No. 120, p 2288. Approved November 6, 1979.]
Art. 8 § 10 was later amended by Amendments 82, 86, and 91.
[Vol. 0 RCW—page 92]
AMENDMENT 71
Article 4 was amended by adding the following section:
Art. 4 § 31 JUDICIAL QUALIFICATIONS
COMMISSION — REMOVAL, CENSURE, SUSPENSION,
OR RETIREMENT OF JUDGES OR JUSTICES. There
shall be a judicial qualifications commission consisting of a
judge selected by and from the court of appeals judges, a
judge selected by and from the superior court judges, a judge
selected by and from the district court judges, two persons
admitted to the practice of law in this state selected by the
state bar association, and two persons who are not attorneys
appointed by the governor and confirmed by the senate.
The supreme court may censure, suspend, or remove a
judge or justice for violating a rule of judicial conduct and
may retire a judge or justice for disability which is permanent or is likely to become permanent and which seriously
interferes with the performance of judicial duties. The office
of a judge or justice retired or removed by the supreme court
becomes vacant, and that person is ineligible for judicial
office until eligibility is reinstated by the supreme court.
The salary of a removed judge or justice shall cease.
The supreme court shall specify the effect upon salary
when disciplinary action other than removal is taken. The
supreme court may not discipline or retire a judge or justice
until the judicial qualifications commission recommends after
notice and hearing that action be taken and the supreme
court conducts a hearing, after notice, to review commission
proceedings and findings against a judge or justice.
The legislature shall provide for commissioners’ terms
of office and compensation. The commission shall establish
rules of procedure for commission proceedings including due
process and confidentiality of proceedings. [1980 Substitute
House Joint Resolution No. 37, p 652. Approved November
4, 1980.]
Art. 4 § 31 was later amended by Amendments 77 and 85.
AMENDMENT 72
Art. 2 § 1 LEGISLATIVE POWERS, WHERE VESTED. The legislative authority of the state of Washington
shall be vested in the legislature, consisting of a senate and
house of representatives, which shall be called the legislature
of the state of Washington, but the people reserve to
themselves the power to propose bills, laws, and to enact or
reject the same at the polls, independent of the legislature,
and also reserve power, at their own option, to approve or
reject at the polls any act, item, section, or part of any bill,
act, or law passed by the legislature.
(a) Initiative: The first power reserved by the people is
the initiative. Every such petition shall include the full text
of the measure so proposed. In the case of initiatives to the
legislature and initiatives to the people, the number of valid
signatures of legal voters required shall be equal to eight
percent of the votes cast for the office of governor at the last
gubernatorial election preceding the initial filing of the text
of the initiative measure with the secretary of state.
Initiative petitions shall be filed with the secretary of
state not less than four months before the election at which
they are to be voted upon, or not less than ten days before
any regular session of the legislature. If filed at least four
months before the election at which they are to be voted
upon, he shall submit the same to the vote of the people at
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Constitutional Amendments
the said election. If such petitions are filed not less than ten
days before any regular session of the legislature, he shall
certify the results within forty days of the filing. If certification is not complete by the date that the legislature convenes,
he shall provisionally certify the measure pending final
certification of the measure. Such initiative measures,
whether certified or provisionally certified, shall take
precedence over all other measures in the legislature except
appropriation bills and shall be either enacted or rejected
without change or amendment by the legislature before the
end of such regular session. If any such initiative measures
shall be enacted by the legislature it shall be subject to the
referendum petition, or it may be enacted and referred by the
legislature to the people for approval or rejection at the next
regular election. If it is rejected or if no action is taken
upon it by the legislature before the end of such regular
session, the secretary of state shall submit it to the people
for approval or rejection at the next ensuing regular general
election. The legislature may reject any measure so proposed by initiative petition and propose a different one
dealing with the same subject, and in such event both
measures shall be submitted by the secretary of state to the
people for approval or rejection at the next ensuing regular
general election. When conflicting measures are submitted
to the people the ballots shall be so printed that a voter can
express separately by making one cross (X) for each, two
preferences, first, as between either measure and neither, and
secondly, as between one and the other. If the majority of
those voting on the first issue is for neither, both fail, but in
that case the votes on the second issue shall nevertheless be
carefully counted and made public. If a majority voting on
the first issue is for either, then the measure receiving a
majority of the votes on the second issue shall be law.
(b) Referendum. The second power reserved by the
people is the referendum, and it may be ordered on any act,
bill, law, or any part thereof passed by the legislature, except
such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state
government and its existing public institutions, either by
petition signed by the required percentage of the legal voters,
or by the legislature as other bills are enacted: Provided,
That the legislature may not order a referendum on any
initiative measure enacted by the legislature under the
foregoing subsection (a). The number of valid signatures of
registered voters required on a petition for referendum of an
act of the legislature or any part thereof, shall be equal to or
exceeding four percent of the votes cast for the office of
governor at the last gubernatorial election preceding the
filing of the text of the referendum measure with the
secretary of state.
(c) No act, law, or bill subject to referendum shall take
effect until ninety days after the adjournment of the session
at which it was enacted. No act, law, or bill approved by a
majority of the electors voting thereon shall be amended or
repealed by the legislature within a period of two years
following such enactment: Provided, That any such act, law,
or bill may be amended within two years after such
enactment at any regular or special session of the legislature
by a vote of two-thirds of all the members elected to each
house with full compliance with section 12, Article III, of
the Washington Constitution, and no amendatory law
adopted in accordance with this provision shall be subject to
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AMENDMENT 72
referendum. But such enactment may be amended or
repealed at any general regular or special election by direct
vote of the people thereon.
(d) The filing of a referendum petition against one or
more items, sections, or parts of any act, law, or bill shall
not delay the remainder of the measure from becoming
operative. Referendum petitions against measures passed by
the legislature shall be filed with the secretary of state not
later than ninety days after the final adjournment of the
session of the legislature which passed the measure on which
the referendum is demanded. The veto power of the
governor shall not extend to measures initiated by or referred
to the people. All elections on measures referred to the
people of the state shall be had at the next succeeding
regular general election following the filing of the measure
with the secretary of state, except when the legislature shall
order a special election. Any measure initiated by the people
or referred to the people as herein provided shall take effect
and become the law if it is approved by a majority of the
votes cast thereon: Provided, That the vote cast upon such
question or measure shall equal one-third of the total votes
cast at such election and not otherwise. Such measure shall
be in operation on and after the thirtieth day after the
election at which it is approved. The style of all bills
proposed by initiative petition shall be: "Be it enacted by
the people of the State of Washington." This section shall
not be construed to deprive any member of the legislature of
the right to introduce any measure. All such petitions shall
be filed with the secretary of state, who shall be guided by
the general laws in submitting the same to the people until
additional legislation shall especially provide therefor. This
section is self-executing, but legislation may be enacted
especially to facilitate its operation.
(e) The legislature shall provide methods of publicity
of all laws or parts of laws, and amendments to the Constitution referred to the people with arguments for and against
the laws and amendments so referred. The secretary of state
shall send one copy of the publication to each individual
place of residence in the state and shall make such additional
distribution as he shall determine necessary to reasonably
assure that each voter will have an opportunity to study the
measures prior to election. [1981 Substitute Senate Joint
Resolution No. 133, p 1796. Approved November 3, 1981.]
Prior amendment of Art. 2 § 1, see Amendment 7.
Addition of subsection (e) to Art. 2 § 1, see Amendment 36.
Art. 2 § 1(a). INITIATIVE AND REFERENDUM,
SIGNATURES REQUIRED. [Stricken by 1981 Substitute
Senate Joint Resolution No. 133, p 1796. Approved
November 3, 1981.]
Adoption of Art. 2 § 1(a), see Amendment 30.
AMENDMENT 73
The Constitution was amended by adding the following
new article and section 1 thereof:
Article XXXII
SPECIAL REVENUE FINANCING
Art. 32 § 1 SPECIAL REVENUE FINANCING. The
legislature may enact laws authorizing the state, counties,
cities, towns, port districts, or public corporations established
[Vol. 0 RCW—page 93]
AMENDMENT 73
Constitution of the State of Washington
thereby to issue nonrecourse revenue bonds or other nonrecourse revenue obligations and to apply the proceeds thereof
in the manner and for the purposes heretofore or hereafter
authorized by law, subject to the following limitations:
(a) Nonrecourse revenue bonds and other nonrecourse
revenue obligations issued pursuant to this section shall be
payable only from money or other property received as a
result of projects financed by the nonrecourse revenue bonds
or other nonrecourse revenue obligations and from money
and other property received from private sources.
(b) Nonrecourse revenue bonds and other nonrecourse
revenue obligations issued pursuant to this section shall not
be payable from or secured by any tax funds or governmental revenue or by all or part of the faith and credit of the
state or any unit of local government.
(c) Nonrecourse revenue bonds or other nonrecourse
revenue obligations issued pursuant to this section may be
issued only if the issuer certifies that it reasonably believes
that the interest paid on the bonds or obligations will be
exempt from income taxation by the federal government.
(d) Nonrecourse revenue bonds or other nonrecourse
revenue obligations may only be used to finance industrial
development projects as defined in legislation.
(e) The state, counties, cities, towns, port districts, or
public corporations established thereby, shall never exercise
their respective attributes of sovereignty, including but not
limited to, the power to tax, the power of eminent domain,
and the police power on behalf of any industrial development project authorized pursuant to this section.
After the initial adoption of a law by the legislature
authorizing the issuance of nonrecourse revenue bonds or
other nonrecourse revenue obligations, no amendment to
such act which expands the definition of industrial development project shall be valid unless the amendment is enacted
by a favorable vote of three-fifths of the members elected to
each house of the legislature and is subject to referendum
petition.
Sections 5 and 7 of Article VIII and section 9 of Article
XII shall not be construed as a limitation upon the authority
granted by this section. The proceeds of revenue bonds and
other revenue obligations issued pursuant to this section for
the purpose of financing privately owned property or loans
to private persons or corporations shall be subject to audit by
the state but shall not otherwise be deemed to be public
money or public property for purposes of this Constitution.
This section is supplemental to and shall not be construed as
a repeal of or limitation on any other authority lawfully
exercisable under the Constitution and laws of this state,
including, among others, any existing authority to issue
revenue bonds. [1981 Substitute House Joint Resolution No.
7, p 1794. Approved November 3, 1981.]
The name of this Article has been supplied by the reviser.
AMENDMENT 74
Article 2 was amended by adding the following section:
Art. 2 § 43 REDISTRICTING. (1) In January of each
year ending in one, a commission shall be established to
provide for the redistricting of state legislative and congressional districts.
(2) The commission shall be composed of five members
to be selected as follows: The legislative leader of the two
largest political parties in each house of the legislature shall
[Vol. 0 RCW—page 94]
appoint one voting member to the commission by January
15th of each year ending in one. By January 31st of each
year ending in one, the four appointed members, by an
affirmative vote of at least three, shall appoint the remaining
member. The fifth member of the commission, who shall be
nonvoting, shall act as its chairperson. If any appointing
authority fails to make the required appointment by the date
established by this subsection, within five days after that date
the supreme court shall make the required appointment.
(3) No elected official and no person elected to legislative district, county, or state political party office may serve
on the commission. A commission member shall not have
been an elected official and shall not have been an elected
legislative district, county, or state political party officer
within two years of his or her appointment to the commission. The provisions of this subsection do not apply to the
office of precinct committee person.
(4) The legislature shall enact laws providing for the
implementation of this section, to include additional qualifications for commissioners and additional standards to govern
the commission. The legislature shall appropriate funds to
enable the commission to carry out its duties.
(5) Each district shall contain a population, excluding
nonresident military personnel, as nearly equal as practicable
to the population of any other district. To the extent
reasonable, each district shall contain contiguous territory,
shall be compact and convenient, and shall be separated
from adjoining districts by natural geographic barriers,
artificial barriers, or political subdivision boundaries. The
commission’s plan shall not provide for a number of
legislative districts different than that established by the
legislature. The commission’s plan shall not be drawn
purposely to favor or discriminate against any political party
or group.
(6) The commission shall complete redistricting as soon
as possible following the federal decennial census, but no
later than January 1st of each year ending in two. At least
three of the voting members shall approve such a redistricting plan. If three of the voting members of the commission
fail to approve a plan within the time limitations provided in
this subsection, the supreme court shall adopt a plan by April
30th of the year ending in two in conformance with the
standards set forth in subsection (5) of this section.
(7) The legislature may amend the redistricting plan but
must do so by a two-thirds vote of the legislators elected or
appointed to each house of the legislature. Any amendment
must have passed both houses by the end of the thirtieth day
of the first session convened after the commission has
submitted its plan to the legislature. After that day, the plan,
with any legislative amendments, constitutes the state
districting law.
(8) The legislature shall enact laws providing for the
reconvening of a commission for the purpose of modifying
a districting law adopted under this section. Such reconvening requires a two-thirds vote of the legislators elected or
appointed to each house of the legislature. The commission
shall conform to the standards prescribed under subsection
(5) of this section and any other standards or procedures that
the legislature may provide by law. At least three of the
voting members shall approve such a modification. Any
modification adopted by the commission may be amended by
a two-thirds vote of the legislators elected and appointed to
(2004 Ed.)
Constitutional Amendments
each house of the legislature. The state districting law shall
include the modifications with amendments, if any.
(9) The legislature shall prescribe by law the terms of
commission members and the method of filling vacancies on
the commission.
(10) The supreme court has original jurisdiction to hear
and decide all cases involving congressional and legislative
redistricting.
(11) Legislative and congressional districts may not be
changed or established except pursuant to this section. A
districting plan and any legislative amendments to the plan
are not subject to Article III, section 12 of this Constitution.
[1983 Substitute Senate Joint Resolution No. 103, p 2202.
Approved November 8, 1983.]
Art. 2 § 3 THE CENSUS. [Repealed by 1983 Substitute Senate Joint Resolution No. 103, p 2202. Approved
November 8, 1983.]
Art. 27 § 13 REPRESENTATION IN CONGRESS.
[Repealed by 1983 Substitute Senate Joint Resolution No.
103, p 2202. Approved November 8, 1983.]
AMENDMENT 75
Art. 29 § 1 MAY BE INVESTED AS AUTHORIZED
BY LAW. Notwithstanding the provisions of sections 5, and
7 of Article VIII and section 9 of Article XII or any other
section or article of the Constitution of the state of Washington, the moneys of any public pension or retirement fund or
industrial insurance trust fund may be invested as authorized
by law. [1985 House Joint Resolution No. 12, p 2398.
Approved November 5, 1985.]
Prior amendment of Art. 29 § 1, see Amendment 49.
Art. 29 § 1 was later amended by Amendment 93.
AMENDMENT 76
Article 8 was amended by adding the following section:
Art. 8 § 11 AGRICULTURAL COMMODITY ASSESSMENTS — DEVELOPMENT, PROMOTION, AND
HOSTING. The use of agricultural commodity assessments
by agricultural commodity commissions in such manner as
may be prescribed by the legislature for agricultural development or trade promotion and promotional hosting shall be
deemed a public use for a public purpose, and shall not be
deemed a gift within the provisions of section 5 of this
article. [1985 House Joint Resolution No. 42, p 2402.
Approved November 5, 1985.]
AMENDMENT 77
Art. 4 § 31 COMMISSION ON JUDICIAL CONDUCT — REMOVAL, CENSURE, SUSPENSION, OR
RETIREMENT OF JUDGES OR JUSTICES — PROCEEDINGS. There shall be a commission on judicial conduct
consisting of a judge selected by and from the court of
appeals judges, a judge selected by and from the superior
court judges, a judge selected by and from the district court
judges, two persons admitted to the practice of law in this
state selected by the state bar association, and four persons
who are not attorneys appointed by the governor and
confirmed by the senate.
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AMENDMENT 74
The supreme court may censure, suspend, or remove a
judge or justice for violating a rule of judicial conduct and
may retire a judge or justice for disability which is permanent or is likely to become permanent and which seriously
interferes with the performance of judicial duties. The office
of a judge or justice retired or removed by the supreme court
becomes vacant, and that person is ineligible for judicial
office until eligibility is reinstated by the supreme court.
The salary of a removed judge or justice shall cease.
The supreme court shall specify the effect upon salary
when disciplinary action other than removal is taken. The
supreme court may not discipline or retire a judge or justice
until the commission on judicial conduct recommends after
notice and hearing that action be taken and the supreme
court conducts a hearing, after notice, to review commission
proceedings and findings against a judge or justice.
Whenever the commission receives a complaint against
a judge or justice, it shall first conduct proceedings for the
purpose of determining whether sufficient reason exists for
conducting a hearing or hearings to deal with the accusations. These initial proceedings shall be confidential, unless
confidentiality is waived by the judge or justice, but all
subsequent hearings conducted by the commission shall be
open to members of the public.
Whenever the commission adopts a recommendation
that a judge or justice be removed, the judge or justice shall
be suspended immediately, with salary, from his or her
judicial position until a final determination is made by the
supreme court.
The legislature shall provide for commissioners’ terms
of office and compensation. The commission shall establish
rules of procedure for commission proceedings including due
process and confidentiality of proceedings. [1986 Senate
Joint Resolution No. 136, p 1532. Approved November 4,
1986.]
Prior amendment of Art. 4 § 31, see Amendment 71.
Art. 4 § 31 was later amended by Amendment 85.
AMENDMENT 78
Art. 28 § 1 SALARIES FOR LEGISLATORS,
ELECTED STATE OFFICIALS, AND JUDGES — INDEPENDENT COMMISSION — REFERENDUM. Salaries
for members of the legislature, elected officials of the
executive branch of state government, and judges of the
state’s supreme court, court of appeals, superior courts, and
district courts shall be fixed by an independent commission
created and directed by law to that purpose. No state
official, public employee, or person required by law to
register with a state agency as a lobbyist, or immediate
family member of the official, employee, or lobbyist, may be
a member of that commission.
As used in this section the phrase "immediate family"
has the meaning that is defined by law.
Any change of salary shall be filed with the secretary of
state and shall become law ninety days thereafter without
action of the legislature or governor, but shall be subject to
referendum petition by the people, filed within the
ninety-day period. Referendum measures under this section
shall be submitted to the people at the next following general
election, and shall be otherwise governed by the provisions
of this Constitution generally applicable to referendum
measures. The salaries fixed pursuant to this section shall
[Vol. 0 RCW—page 95]
AMENDMENT 78
Constitution of the State of Washington
supersede any other provision for the salaries of members of
the legislature, elected officials of the executive branch of
state government, and judges of the state’s supreme court,
court of appeals, superior courts, and district courts. The
salaries for such officials in effect on January 12, 1987, shall
remain in effect until changed pursuant to this section.
After the initial adoption of a law by the legislature
creating the independent commission, no amendment to such
act which alters the composition of the commission shall be
valid unless the amendment is enacted by a favorable vote
of two-thirds of the members elected to each house of the
legislature and is subject to referendum petition.
The provisions of section 14 of Article IV, sections 14,
16, 17, 19, 20, 21, and 22 of Article III, and section 23 of
Article II, insofar as they are inconsistent herewith, are
hereby superseded. The provisions of section 1 of Article II
relating to referendum procedures, insofar as they are
inconsistent herewith, are hereby superseded with regard to
the salaries governed by this section. [1986 Substitute
House Joint Resolution No. 49, p 1529. Approved
November 4, 1986.]
Prior amendment of Art. 28 § 1, see Amendment 20.
AMENDMENT 79
Art. 7 § 2 LIMITATION ON LEVIES. Except as
hereinafter provided and notwithstanding any other provision
of this Constitution, the aggregate of all tax levies upon real
and personal property by the state and all taxing districts
now existing or hereafter created, shall not in any year
exceed one per centum of the true and fair value of such
property in money: Provided, however, That nothing herein
shall prevent levies at the rates now provided by law by or
for any port or public utility district. The term "taxing
district" for the purposes of this section shall mean any
political subdivision, municipal corporation, district, or other
governmental agency authorized by law to levy, or have
levied for it, ad valorem taxes on property, other than a port
or public utility district. Such aggregate limitation or any
specific limitation imposed by law in conformity therewith
may be exceeded only
(a) By any taxing district when specifically authorized
so to do by a majority of at least three-fifths of the electors
thereof voting on the proposition to levy such additional tax
submitted not more than twelve months prior to the date on
which the proposed levy is to be made and not oftener than
twice in such twelve month period, either at a special
election or at the regular election of such taxing district, at
which election the number of persons voting "yes" on the
proposition shall constitute three-fifths of a number equal to
forty per centum of the total votes cast in such taxing district
at the last preceding general election when the number of
electors voting on the proposition does not exceed forty per
centum of the total votes cast in such taxing district in the
last preceding general election; or by a majority of at least
three-fifths of the electors thereof voting on the proposition
to levy when the number of electors voting on the proposition exceeds forty percentum of the total votes cast in such
taxing district in the last preceding general election:
Provided, That notwithstanding any other provision of this
Constitution, any proposition pursuant to this subsection to
levy additional tax for the support of the common schools
may provide such support for a two year period and any
[Vol. 0 RCW—page 96]
proposition to levy an additional tax to support the construction, modernization, or remodelling of school facilities may
provide such support for a period not exceeding six years;
(b) By any taxing district otherwise authorized by law
to issue general obligation bonds for capital purposes, for the
sole purpose of making the required payments of principal
and interest on general obligation bonds issued solely for
capital purposes, other than the replacement of equipment,
when authorized so to do by majority of at least three-fifths
of the electors thereof voting on the proposition to issue such
bonds and to pay the principal and interest thereon by an
annual tax levy in excess of the limitation herein provided
during the term of such bonds, submitted not oftener than
twice in any calendar year, at an election held in the manner
provided by law for bond elections in such taxing district, at
which election the total number of persons voting on the
proposition shall constitute not less than forty per centum of
the total number of votes cast in such taxing district at the
last preceding general election: Provided, That any such
taxing district shall have the right by vote of its governing
body to refund any general obligation bonds of said district
issued for capital purposes only, and to provide for the
interest thereon and amortization thereof by annual levies in
excess of the tax limitation provided for herein, And provided further, That the provisions of this section shall also be
subject to the limitations contained in Article VIII, Section
6, of this Constitution;
(c) By the state or any taxing district for the purpose of
paying the principal or interest on general obligation bonds
outstanding on December 6, 1934; or for the purpose of
preventing the impairment of the obligation of a contract
when ordered so to do by a court of last resort. [1986
House Joint Resolution No. 55, p 1530. Approved November 4, 1986.]
Prior amendment of Art. 7 § 2, see Amendments 17, 55, 59, and 64.
Art. 7 § 2 was later amended by Amendments 90 and 95.
AMENDMENT 80
Art. 4 § 7 EXCHANGE OF JUDGES — JUDGE PRO
TEMPORE. The judge of any superior court may hold a
superior court in any county at the request of the judge of
the superior court thereof, and upon the request of the
governor it shall be his duty to do so. A case in the superior
court may be tried by a judge, pro tempore, who must be a
member of the bar, agreed upon in writing by the parties
litigant, or their attorneys of record, approved by the court
and sworn to try the case. However, if a previously elected
judge of the superior court retires leaving a pending case in
which the judge has made discretionary rulings, the judge is
entitled to hear the pending case as a judge pro tempore
without any written agreement. [1987 Senate Joint Resolution No. 8207, p 2815. Approved November 3, 1987.]
Art. 4 § 7 was later amended by Amendment 94.
AMENDMENT 81
Art. 7 § 1 TAXATION. The power of taxation shall
never be suspended, surrendered or contracted away. All
taxes shall be uniform upon the same class of property
within the territorial limits of the authority levying the tax
and shall be levied and collected for public purposes only.
The word "property" as used herein shall mean and include
(2004 Ed.)
Constitutional Amendments
everything, whether tangible or intangible, subject to
ownership. All real estate shall constitute one class:
Provided, That the legislature may tax mines and mineral
resources and lands devoted to reforestation by either a yield
tax or an ad valorem tax at such rate as it may fix, or by
both. Such property as the legislature may by general laws
provide shall be exempt from taxation. Property of the
United States and of the state, counties, school districts and
other municipal corporations, and credits secured by property
actually taxed in this state, not exceeding in value the value
of such property, shall be exempt from taxation. The
legislature shall have power, by appropriate legislation, to
exempt personal property to the amount of three thousand
($3,000.00) dollars for each head of a family liable to
assessment and taxation under the provisions of the laws of
this state of which the individual is the actual bona fide
owner. [1988 House Joint Resolution No. 4222, p 1551.
Approved November 8, 1988.]
Prior amendment to Art. 7 § 1, see Amendment 14.
AMENDMENT 82
Art. 8 § 10 RESIDENTIAL ENERGY CONSERVATION. Notwithstanding the provisions of section 7 of this
Article, any county, city, town, quasi municipal corporation,
municipal corporation, or political subdivision of the state
which is engaged in the sale or distribution of energy may,
as authorized by the legislature, use public moneys or credit
derived from operating revenues from the sale of energy to
assist the owners of structures or equipment in financing the
acquisition and installation of materials and equipment for
the conservation or more efficient use of energy in such
structures or equipment. Except as provided in section 7 of
this Article, an appropriate charge back shall be made for
such extension of public moneys or credit and the same shall
be a lien against the structure benefited or a security interest
in the equipment benefited. Any financing authorized by
this article shall only be used for conservation purposes in
existing structures and shall not be used for any purpose
which results in a conversion from one energy source to
another. [1988 House Joint Resolution No. 4223, p 1552.
Approved November 8, 1988.]
Prior amendment to Art. 8 § 10, see Amendment 70.
Art. 8 § 10 was later amended by Amendments 86 and 91.
AMENDMENT 83
Art. 6 § 3 WHO DISQUALIFIED. All persons
convicted of infamous crime unless restored to their civil
rights and all persons while they are judicially declared
mentally incompetent are excluded from the elective franchise.
Art. 13 § 1 EDUCATIONAL, REFORMATORY,
AND PENAL INSTITUTIONS. Educational, reformatory,
and penal institutions; those for the benefit of youth who are
blind or deaf or otherwise disabled; for persons who are
mentally ill or developmentally disabled; and such other
institutions as the public good may require, shall be fostered
and supported by the state, subject to such regulations as
may be provided by law. The regents, trustees, or commissioners of all such institutions existing at the time of the
adoption of this Constitution, and of such as shall thereafter
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AMENDMENT 81
be established by law, shall be appointed by the governor, by
and with the advice and consent of the senate; and upon all
nominations made by the governor, the question shall be
taken by ayes and noes, and entered upon the journal. [1988
House Joint Resolution No. 4231, p 1553. Approved
November 8, 1988.]
AMENDMENT 84
Art. 1 § 35 VICTIMS OF CRIMES — RIGHTS.
Effective law enforcement depends on cooperation from
victims of crime. To ensure victims a meaningful role in the
criminal justice system and to accord them due dignity and
respect, victims of crime are hereby granted the following
basic and fundamental rights.
Upon notifying the prosecuting attorney, a victim of a
crime charged as a felony shall have the right to be informed
of and, subject to the discretion of the individual presiding
over the trial or court proceedings, attend trial and all other
court proceedings the defendant has the right to attend, and
to make a statement at sentencing and at any proceeding
where the defendant’s release is considered, subject to the
same rules of procedure which govern the defendant’s rights.
In the event the victim is deceased, incompetent, a minor, or
otherwise unavailable, the prosecuting attorney may identify
a representative to appear to exercise the victim’s rights.
This provision shall not constitute a basis for error in favor
of a defendant in a criminal proceeding nor a basis for
providing a victim or the victim’s representative with court
appointed counsel. [1989 Senate Joint Resolution No. 8200,
p 2999. Approved November 7, 1989.]
AMENDMENT 85
Art. 4 § 31 COMMISSION ON JUDICIAL CONDUCT. (1) There shall be a commission on judicial conduct, existing as an independent agency of the judicial
branch, and consisting of a judge selected by and from the
court of appeals judges, a judge selected by and from the
superior court judges, a judge selected by and from the
district court judges, two persons admitted to the practice of
law in this state selected by the state bar association, and six
persons who are not attorneys appointed by the governor.
(2) Whenever the commission receives a complaint
against a judge or justice, or otherwise has reason to believe
that a judge or justice should be admonished, reprimanded,
censured, suspended, removed, or retired, the commission
shall first investigate the complaint or belief and then
conduct initial proceedings for the purpose of determining
whether probable cause exists for conducting a public
hearing or hearings to deal with the complaint or belief. The
investigation and initial proceedings shall be confidential.
Upon beginning an initial proceeding, the commission shall
notify the judge or justice of the existence of and basis for
the initial proceeding.
(3) Whenever the commission concludes, based on an
initial proceeding, that there is probable cause to believe that
a judge or justice has violated a rule of judicial conduct or
that the judge or justice suffers from a disability which is
permanent or likely to become permanent and which
seriously interferes with the performance of judicial duties,
the commission shall conduct a public hearing or hearings
and shall make public all those records of the initial proceed-
[Vol. 0 RCW—page 97]
AMENDMENT 85
Constitution of the State of Washington
ing that provide the basis for its conclusion. If the commission concludes that there is not probable cause, it shall notify
the judge or justice of its conclusion.
(4) Upon the completion of the hearing or hearings, the
commission in open session shall either dismiss the case, or
shall admonish, reprimand, or censure the judge or justice,
or shall censure the judge or justice and recommend to the
supreme court the suspension or removal of the judge or
justice, or shall recommend to the supreme court the
retirement of the judge or justice. The commission may not
recommend suspension or removal unless it censures the
judge or justice for the violation serving as the basis for the
recommendation. The commission may recommend retirement of a judge or justice for a disability which is permanent
or likely to become permanent and which seriously interferes
with the performance of judicial duties.
(5) Upon the recommendation of the commission, the
supreme court may suspend, remove, or retire a judge or
justice. The office of a judge or justice retired or removed
by the supreme court becomes vacant, and that person is
ineligible for judicial office until eligibility is reinstated by
the supreme court. The salary of a removed judge or justice
shall cease. The supreme court shall specify the effect upon
salary when it suspends a judge or justice. The supreme
court may not suspend, remove, or retire a judge or justice
until the commission, after notice and hearing, recommends
that action be taken, and the supreme court conducts a
hearing, after notice, to review commission proceedings and
findings against the judge or justice.
(6) Within thirty days after the commission admonishes,
reprimands, or censures a judge or justice, the judge or
justice shall have a right of appeal de novo to the supreme
court.
(7) Any matter before the commission or supreme court
may be disposed of by a stipulation entered into in a public
proceeding. The stipulation shall be signed by the judge or
justice and the commission or court. The stipulation may
impose any terms and conditions deemed appropriate by the
commission or court. A stipulation shall set forth all
material facts relating to the proceeding and the conduct of
the judge or justice.
(8) Whenever the commission adopts a recommendation
that a judge or justice be removed, the judge or justice shall
be suspended immediately, with salary, from his or her
judicial position until a final determination is made by the
supreme court.
(9) The legislature shall provide for commissioners’
terms of office and compensation. The commission shall
employ one or more investigative officers with appropriate
professional training and experience. The investigative
officers of the commission shall report directly to the
commission. The commission shall also employ such
administrative or other staff as are necessary to manage the
affairs of the commission.
(10) The commission shall, to the extent that compliance
does not conflict with this section, comply with laws of
general applicability to state agencies with respect to
rule-making procedures, and with respect to public notice of
and attendance at commission proceedings other than initial
proceedings. The commission shall establish rules of
procedure for commission proceedings including due process
and confidentiality of proceedings. [1989 Substitute Senate
[Vol. 0 RCW—page 98]
Joint Resolution No. 8202, p 3000. Approved November 7,
1989.]
Prior amendment of Art. 4 § 31, see Amendments 71 and 77.
AMENDMENT 86
Art. 8 § 10 ENERGY AND WATER CONSERVATION ASSISTANCE. Notwithstanding the provisions of
section 7 of this Article, any county, city, town, quasi
municipal corporation, municipal corporation, or political
subdivision of the state which is engaged in the sale or
distribution of water or energy may, as authorized by the
legislature, use public moneys or credit derived from
operating revenues from the sale of water or energy to assist
the owners of structures or equipment in financing the
acquisition and installation of materials and equipment for
the conservation or more efficient use of water or energy in
such structures or equipment. Except as provided in section
7 of this Article, an appropriate charge back shall be made
for such extension of public moneys or credit and the same
shall be a lien against the structure benefited or a security
interest in the equipment benefited. Any financing for
energy conservation authorized by this article shall only be
used for conservation purposes in existing structures and
shall not be used for any purpose which results in a conversion from one energy source to another. [1989 Senate Joint
Resolution No. 8210, p 3003. Approved November 7,
1989.]
Prior amendment of Art. 8 § 10, see Amendments 70 and 82.
Art. 8 § 10 was later amended by Amendment 91.
AMENDMENT 87
Art. 4 § 6 JURISDICTION OF SUPERIOR COURTS.
Superior courts and district courts have concurrent jurisdiction in cases in equity. The superior court shall have
original jurisdiction in all cases at law which involve the title
or possession of real property, or the legality of any tax,
impost, assessment, toll, or municipal fine, and in all other
cases in which the demand or the value of the property in
controversy amounts to three thousand dollars or as
otherwise determined by law, or a lesser sum in excess of
the jurisdiction granted to justices of the peace and other
inferior courts, and in all criminal cases amounting to felony,
and in all cases of misdemeanor not otherwise provided for
by law; of actions of forcible entry and detainer; of
proceedings in insolvency; of actions to prevent or abate a
nuisance; of all matters of probate, of divorce, and for
annulment of marriage; and for such special cases and
proceedings as are not otherwise provided for. The superior
court shall also have original jurisdiction in all cases and of
all proceedings in which jurisdiction shall not have been by
law vested exclusively in some other court; and said court
shall have the power of naturalization and to issue papers
therefor. They shall have such appellate jurisdiction in cases
arising in justices’ and other inferior courts in their
respective counties as may be prescribed by law. They shall
always be open, except on nonjudicial days, and their
process shall extend to all parts of the state. Said courts and
their judges shall have power to issue writs of mandamus,
quo warranto, review, certiorari, prohibition, and writs of
habeas corpus, on petition by or on behalf of any person in
actual custody in their respective counties. Injunctions and
(2004 Ed.)
Constitutional Amendments
writs of prohibition and of habeas corpus may be issued and
served on legal holidays and nonjudicial days. [1993 House
Joint Resolution No. 4201, p 3063. Approved November 2,
1993.]
Prior amendment of Art. 4 § 6, see Amendments 28 and 65.
AMENDMENT 88
Art. 1 § 11 RELIGIOUS FREEDOM. Absolute
freedom of conscience in all matters of religious sentiment,
belief and worship, shall be guaranteed to every individual,
and no one shall be molested or disturbed in person or
property on account of religion; but the liberty of conscience
hereby secured shall not be so construed as to excuse acts of
licentiousness or justify practices inconsistent with the peace
and safety of the state. No public money or property shall
be appropriated for or applied to any religious worship,
exercise or instruction, or the support of any religious
establishment: PROVIDED, HOWEVER, That this article
shall not be so construed as to forbid the employment by the
state of a chaplain for such of the state custodial, correctional, and mental institutions, or by a county’s or public
hospital district’s hospital, health care facility, or hospice, as
in the discretion of the legislature may seem justified. No
religious qualification shall be required for any public office
or employment, nor shall any person be incompetent as a
witness or juror, in consequence of his opinion on matters of
religion, nor be questioned in any court of justice touching
his religious belief to affect the weight of his testimony.
[1993 House Joint Resolution No. 4200. Approved November 2, 1993.]
Prior amendment of Art. 1 § 11, see Amendments 4, 34, and 88.
AMENDMENT 89
Art. 4 § 3 ELECTION AND TERMS OF SUPREME
COURT JUDGES. The judges of the supreme court shall be
elected by the qualified electors of the state at large at the
general state election at the times and places at which state
officers are elected, unless some other time be provided by
the legislature. The first election of judges of the supreme
court shall be at the election which shall be held upon the
adoption of this Constitution and the judges elected thereat
shall be classified by lot, so that two shall hold their office
for the term of three years, two for the term of five years,
and one for the term of seven years. The lot shall be drawn
by the judges who shall for that purpose assemble at the seat
of government, and they shall cause the result thereof to be
certified to the secretary of state, and filed in his office. The
supreme court shall select a chief justice from its own
membership to serve for a four-year term at the pleasure of
a majority of the court as prescribed by supreme court rule.
The chief justice shall preside at all sessions of the supreme
court. In case of the absence of the chief justice, the
majority of the remaining court shall select one of their
members to serve as acting chief justice. After the first
election the terms of judges elected shall be six years from
and after the second Monday in January next succeeding
their election. If a vacancy occur in the office of a judge of
the supreme court the governor shall only appoint a person
to ensure the number of judges as specified by the
legislature, to hold the office until the election and
qualification of a judge to fill the vacancy, which election
(2004 Ed.)
AMENDMENT 87
shall take place at the next succeeding general election, and
the judge so elected shall hold the office for the remainder
of the unexpired term. The term of office of the judges of
the supreme court, first elected, shall commence as soon as
the state shall have been admitted into the Union, and
continue for the term herein provided, and until their
successors are elected and qualified. The sessions of the
supreme court shall be held at the seat of government until
otherwise provided by law. [AMENDMENT 89, 1995
Substitute Senate Joint Resolution No. 8210, p 2905.
Approved November 7, 1995.]
AMENDMENT 90
Art. 7 § 2 LIMITATION ON LEVIES. Except as
hereinafter provided and notwithstanding any other provision
of this Constitution, the aggregate of all tax levies upon real
and personal property by the state and all taxing districts
now existing or hereafter created, shall not in any year
exceed one percent of the true and fair value of such
property in money: Provided, however, That nothing herein
shall prevent levies at the rates now provided by law by or
for any port or public utility district. The term "taxing
district" for the purposes of this section shall mean any
political subdivision, municipal corporation, district, or other
governmental agency authorized by law to levy, or have
levied for it, ad valorem taxes on property, other than a port
or public utility district. Such aggregate limitation or any
specific limitation imposed by law in conformity therewith
may be exceeded only as follows:
(a) By any taxing district when specifically authorized
so to do by a majority of at least three-fifths of the voters of
the taxing district voting on the proposition to levy such
additional tax submitted not more than twelve months prior
to the date on which the proposed levy is to be made and
not oftener than twice in such twelve month period, either at
a special election or at the regular election of such taxing
district, at which election the number of voters voting "yes"
on the proposition shall constitute three-fifths of a number
equal to forty percent of the total number of voters voting in
such taxing district at the last preceding general election
when the number of voters voting on the proposition does
not exceed forty percent of the total number of voters voting
in such taxing district in the last preceding general election;
or by a majority of at least three-fifths of the voters of the
taxing district voting on the proposition to levy when the
number of voters voting on the proposition exceeds forty
percent of the number of voters voting in such taxing district
in the last preceding general election: Provided, That
notwithstanding any other provision of this Constitution, any
proposition pursuant to this subsection to levy additional tax
for the support of the common schools may provide such
support for a period of up to four years and any proposition
to levy an additional tax to support the construction,
modernization, or remodelling of school facilities may
provide such support for a period not exceeding six years;
(b) By any taxing district otherwise authorized by law
to issue general obligation bonds for capital purposes, for the
sole purpose of making the required payments of principal
and interest on general obligation bonds issued solely for
capital purposes, other than the replacement of equipment,
when authorized so to do by majority of at least three-fifths
of the voters of the taxing district voting on the proposition
[Vol. 0 RCW—page 99]
AMENDMENT 90
Constitution of the State of Washington
to issue such bonds and to pay the principal and interest
thereon by annual tax levies in excess of the limitation
herein provided during the term of such bonds, submitted not
oftener than twice in any calendar year, at an election held
in the manner provided by law for bond elections in such
taxing district, at which election the total number of voters
voting on the proposition shall constitute not less than forty
percent of the total number of voters voting in such taxing
district at the last preceding general election: Provided,
That any such taxing district shall have the right by vote of
its governing body to refund any general obligation bonds of
said district issued for capital purposes only, and to provide
for the interest thereon and amortization thereof by annual
levies in excess of the tax limitation provided for herein,
And provided further, That the provisions of this section
shall also be subject to the limitations contained in Article
VIII, Section 6, of this Constitution;
(c) By the state or any taxing district for the purpose of
preventing the impairment of the obligation of a contract
when ordered so to do by a court of last resort.
[AMENDMENT 90, 1997 House Joint Resolution No. 4208,
p 3063. Approved November 4, 1997.]
Prior amendment of Art. 7 § 2, see Amendments 17, 55, 59, 64, and
79.
Art. 7 § 2 was later amended by Amendment 95.
AMENDMENT 91
Art. 8 § 10 ENERGY, WATER, OR STORMWATER
OR SEWER SERVICES CONSERVATION ASSISTANCE.
Notwithstanding the provisions of section 7 of this Article,
any county, city, town, quasi municipal corporation,
municipal corporation, or political subdivision of the state
which is engaged in the sale or distribution of water, energy,
or stormwater or sewer services may, as authorized by the
legislature, use public moneys or credit derived from
operating revenues from the sale of water, energy, or
stormwater or sewer services to assist the owners of
structures or equipment in financing the acquisition and
installation of materials and equipment for the conservation
or more efficient use of water, energy, or stormwater or
sewer services in such structures or equipment. Except as
provided in section 7 of this Article, an appropriate charge
back shall be made for such extension of public moneys or
credit and the same shall be a lien against the structure
benefited or a security interest in the equipment benefited.
Any financing for energy conservation authorized by this
article shall only be used for conservation purposes in
existing structures and shall not be used for any purpose
which results in a conversion from one energy source to
another. [AMENDMENT 91, 1997 House Joint Resolution
No. 4209, p 3065. Approved November 4, 1997.]
Prior amendment of Art. 8 § 10, see Amendments 70, 82, and 86.
AMENDMENT 92
Art. 8 § 1 STATE DEBT. (a) The state may contract
debt, the principal of which shall be paid and discharged
within thirty years from the time of contracting thereof, in
the manner set forth herein.
(b) The aggregate debt contracted by the state shall not
exceed that amount for which payments of principal and
interest in any fiscal year would require the state to expend
[Vol. 0 RCW—page 100]
more than nine percent of the arithmetic mean of its general
state revenues for the three immediately preceding fiscal
years as certified by the treasurer. The term "fiscal year"
means that period of time commencing July 1 of any year
and ending on June 30 of the following year.
(c) The term "general state revenues" when used in this
section, shall include all state money received in the treasury
from each and every source whatsoever except: (1) Fees and
revenues derived from the ownership or operation of any
undertaking, facility, or project; (2) Moneys received as
gifts, grants, donations, aid, or assistance or otherwise from
the United States or any department, bureau, or corporation
thereof, or any person, firm, or corporation, public or
private, when the terms and conditions of such gift, grant,
donation, aid, or assistance require the application and
disbursement of such moneys otherwise than for the general
purposes of the state of Washington; (3) Moneys to be paid
into and received from retirement system funds, and
performance bonds and deposits; (4) Moneys to be paid into
and received from trust funds including but not limited to
moneys received from taxes levied for specific purposes and
the several permanent and irreducible funds of the state and
the moneys derived therefrom but excluding bond
redemption funds; (5) Proceeds received from the sale of
bonds or other evidences of indebtedness.
(d) In computing the amount required for payment of
principal and interest on outstanding debt under this section,
debt shall be construed to mean borrowed money represented
by bonds, notes, or other evidences of indebtedness which
are secured by the full faith and credit of the state or are
required to be repaid, directly or indirectly, from general
state revenues and which are incurred by the state, any
department, authority, public corporation, or quasi public
corporation of the state, any state university or college, or
any other public agency created by the state but not by
counties, cities, towns, school districts, or other municipal
corporations, but shall not include obligations for the
payment of current expenses of state government, nor shall
it include debt hereafter incurred pursuant to section 3 of this
article, obligations guaranteed as provided for in subsection
(g) of this section, principal of bond anticipation notes or
obligations issued to fund or refund the indebtedness of the
Washington state building authority.
(e) The state may pledge the full faith, credit, and taxing
power of the state to guarantee the voter approved general
obligation debt of school districts in the manner authorized
by the legislature. Any such guarantee does not remove the
debt obligation of the school district and is not state debt.
(f) The state may, without limitation, fund or refund, at
or prior to maturity, the whole or any part of any existing
debt or of any debt hereafter contracted pursuant to section
1, section 2, or section 3 of this article, including any
premium payable with respect thereto and interest thereon,
or fund or refund, at or prior to maturity, the whole or any
part of any indebtedness incurred or authorized prior to the
effective date of this amendment by any entity of the type
described in subsection (h) of this section, including any
premium payable with respect thereto and any interest
thereon. Such funding or refunding shall not be deemed to
be contracting debt by the state.
(g) Notwithstanding the limitation contained in
subsection (b) of this section, the state may pledge its full
(2004 Ed.)
Constitutional Amendments
faith, credit, and taxing power to guarantee the payment of
any obligation payable from revenues received from any of
the following sources: (1) Fees collected by the state as
license fees for motor vehicles; (2) Excise taxes collected by
the state on the sale, distribution or use of motor vehicle
fuel; and (3) Interest on the permanent common school fund:
Provided, That the legislature shall, at all times, provide
sufficient revenues from such sources to pay the principal
and interest due on all obligations for which said source of
revenue is pledged.
(h) No money shall be paid from funds in custody of
the treasurer with respect to any debt contracted after the
effective date of this amendment by the Washington state
building authority, the capitol committee, or any similar
entity existing or operating for similar purposes pursuant to
which such entity undertakes to finance or provide a facility
for use or occupancy by the state or any agency, department,
or instrumentality thereof.
(i) The legislature shall prescribe all matters relating to
the contracting, funding or refunding of debt pursuant to this
section, including: The purposes for which debt may be
contracted; by a favorable vote of three-fifths of the
members elected to each house, the amount of debt which
may be contracted for any class of such purposes; the kinds
of notes, bonds, or other evidences of debt which may be
issued by the state; and the manner by which the treasurer
shall determine and advise the legislature, any appropriate
agency, officer, or instrumentality of the state as to the
available debt capacity within the limitation set forth in this
section. The legislature may delegate to any state officer,
agency, or instrumentality any of its powers relating to the
contracting, funding or refunding of debt pursuant to this
section except its power to determine the amount and
purposes for which debt may be contracted.
(j) The full faith, credit, and taxing power of the state
of Washington are pledged to the payment of the debt
created on behalf of the state pursuant to this section and the
legislature shall provide by appropriation for the payment of
the interest upon and installments of principal of all such
debt as the same falls due, but in any event, any court of
record may compel such payment.
(k) Notwithstanding the limitations contained in
subsection (b) of this section, the state may issue certificates
of indebtedness in such sum or sums as may be necessary to
meet temporary deficiencies of the treasury, to preserve the
best interests of the state in the conduct of the various state
institutions, departments, bureaus, and agencies during each
fiscal year; such certificates may be issued only to provide
for appropriations already made by the legislature and such
certificates must be retired and the debt discharged other
than by refunding within twelve months after the date of
incurrence.
(l) Bonds, notes, or other obligations issued and sold by
the state of Washington pursuant to and in conformity with
this article shall not be invalid for any irregularity or defect
in the proceedings of the issuance or sale thereof and shall
be incontestable in the hands of a bona fide purchaser or
holder thereof. [AMENDMENT 92, 1999 Senate Joint
Resolution No. 8206, p 2387. Approved November 2, 1999.]
Prior amendment of Art. 8 § 1, see Amendment 60.
(2004 Ed.)
AMENDMENT 92
AMENDMENT 93
Art. 29 § 1 MAY BE INVESTED AS AUTHORIZED
BY LAW. Notwithstanding the provisions of sections 5, and
7 of Article VIII and section 9 of Article XII or any other
section or article of the Constitution of the state of
Washington, the moneys of any public pension or retirement
fund, industrial insurance trust fund, or fund held in trust for
the benefit of persons with developmental disabilities may be
invested as authorized by law. [AMENDMENT 93, 2000
Senate Joint Resolution No. 8214, p 1919. Approved
November 7, 2000.]
Prior amendment of Art. 29 § 1, see Amendments 49 and 75.
AMENDMENT 94
Art. 4 § 7 EXCHANGE OF JUDGES — JUDGE PRO
TEMPORE. The judge of any superior court may hold a
superior court in any county at the request of the judge of
the superior court thereof, and upon the request of the
governor it shall be his or her duty to do so. A case in the
superior court may be tried by a judge pro tempore either
with the agreement of the parties if the judge pro tempore is
a member of the bar, is agreed upon in writing by the parties
litigant or their attorneys of record, and is approved by the
court and sworn to try the case; or without the agreement of
the parties if the judge pro tempore is a sitting elected judge
and is acting as a judge pro tempore pursuant to supreme
court rule. The supreme court rule must require assignments
of judges pro tempore based on the judges’ experience and
must provide for the right, exercisable once during a case, to
a change of judge pro tempore. Such right shall be in
addition to any other right provided by law. However, if a
previously elected judge of the superior court retires leaving
a pending case in which the judge has made discretionary
rulings, the judge is entitled to hear the pending case as a
judge pro tempore without any written agreement.
[AMENDMENT 94, 2001 Engrossed Senate Joint
Resolution No. 8208, p 2327. Approved November 6,
2001.]
AMENDMENT 95
Art. 7 § 2 LIMITATION ON LEVIES. Except as
hereinafter provided and notwithstanding any other provision
of this Constitution, the aggregate of all tax levies upon real
and personal property by the state and all taxing districts
now existing or hereafter created, shall not in any year
exceed one percent of the true and fair value of such
property in money: Provided, however, That nothing herein
shall prevent levies at the rates now provided by law by or
for any port or public utility district. The term "taxing
district" for the purposes of this section shall mean any
political subdivision, municipal corporation, district, or other
governmental agency authorized by law to levy, or have
levied for it, ad valorem taxes on property, other than a port
or public utility district. Such aggregate limitation or any
specific limitation imposed by law in conformity therewith
may be exceeded only as follows:
(a) By any taxing district when specifically authorized
so to do by a majority of at least three-fifths of the voters of
the taxing district voting on the proposition to levy such
additional tax submitted not more than twelve months prior
to the date on which the proposed levy is to be made and
[Vol. 0 RCW—page 101]
AMENDMENT 93
Constitution of the State of Washington
not oftener than twice in such twelve month period, either at
a special election or at the regular election of such taxing
district, at which election the number of voters voting "yes"
on the proposition shall constitute three-fifths of a number
equal to forty percent of the total number of voters voting in
such taxing district at the last preceding general election
when the number of voters voting on the proposition does
not exceed forty percent of the total number of voters voting
in such taxing district in the last preceding general election;
or by a majority of at least three-fifths of the voters of the
taxing district voting on the proposition to levy when the
number of voters voting on the proposition exceeds forty
percent of the number of voters voting in such taxing district
in the last preceding general election: Provided, That
notwithstanding any other provision of this Constitution, any
proposition pursuant to this subsection to levy additional tax
for the support of the common schools or fire protection
districts may provide such support for a period of up to four
years and any proposition to levy an additional tax to
support the construction, modernization, or remodelling of
school facilities or fire facilities may provide such support
for a period not exceeding six years;
(b) By any taxing district otherwise authorized by law
to issue general obligation bonds for capital purposes, for the
sole purpose of making the required payments of principal
and interest on general obligation bonds issued solely for
capital purposes, other than the replacement of equipment,
when authorized so to do by majority of at least three-fifths
of the voters of the taxing district voting on the proposition
to issue such bonds and to pay the principal and interest
thereon by annual tax levies in excess of the limitation
herein provided during the term of such bonds, submitted not
oftener than twice in any calendar year, at an election held
in the manner provided by law for bond elections in such
taxing district, at which election the total number of voters
voting on the proposition shall constitute not less than forty
percent of the total number of voters voting in such taxing
district at the last preceding general election: Provided, That
any such taxing district shall have the right by vote of its
governing body to refund any general obligation bonds of
said district issued for capital purposes only, and to provide
for the interest thereon and amortization thereof by annual
levies in excess of the tax limitation provided for herein,
And provided further, That the provisions of this section
shall also be subject to the limitations contained in Article
VIII, Section 6, of this Constitution;
(c) By the state or any taxing district for the purpose of
preventing the impairment of the obligation of a contract
when ordered so to do by a court of last resort.
[AMENDMENT 95, 2002 House Joint Resolution No. 4220,
p 2203. Approved November 5, 2002.]
Prior amendment of Art. 7 § 2, see Amendments 17, 55, 59, 64, 79,
and 90.
AMENDMENT 96
Art. 2 § 15 VACANIES IN LEGISLATURE AND IN
PARTISAN COUNTY ELECTIVE OFFICE. Such
vacancies as may occur in either house of the legislature or
in any partisan county elective office shall be filled by
appointment by the county legislative authority of the county
in which the vacancy occurs: Provided, That the person
appointed to fill the vacancy must be from the same
[Vol. 0 RCW—page 102]
legislative district, county, or county commissioner or
council district and the same political party as the legislator
or partisan county elective officer whose office has been
vacated, and shall be one of three persons who shall be
nominated by the county central committee of that party, and
in case a majority of the members of the county legislative
authority do not agree upon the appointment within sixty
days after the vacancy occurs, the governor shall within
thirty days thereafter, and from the list of nominees provided
for herein, appoint a person who shall be from the same
legislative district, county, or county commissioner or
council district and of the same political party as the
legislator or partisan county elective officer whose office has
been vacated, and the person so appointed shall hold office
until his or her successor is elected at the next general
election, and has qualified: Provided, That in case of a
vacancy occurring after the general election in a year that the
office appears on the ballot and before the start of the next
term, the term of the successor who is of the same party as
the incumbent may commence once he or she has qualified
and shall continue through the term for which he or she was
elected: Provided, That in case of a vacancy occurring in
the office of joint senator, or joint representative, the
vacancy shall be filled from a list of three nominees selected
by the state central committee, by appointment by the joint
action of the boards of county legislative authorities of the
counties composing the joint senatorial or joint representative
district, the person appointed to fill the vacancy must be
from the same legislative district and of the same political
party as the legislator whose office has been vacated, and in
case a majority of the members of the county legislative
authority do not agree upon the appointment within sixty
days after the vacancy occurs, the governor shall within
thirty days thereafter, and from the list of nominees provided
for herein, appoint a person who shall be from the same
legislative district and of the same political party as the
legislator whose office has been vacated. [AMENDMENT
96, 2003 House Joint Resolution No. 4206, p 2819.
Approved November 4, 2003.]
Prior amendment of Art. 2 § 15, see Amendments 13, 32, and 52.
(C) INDEX TO STATE CONSTITUTION
Art.
Sec.
Absconding debtors
Imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . .
1
17
Absence
Of citizen not affecting residence, for
purpose of voting and eligibility to office . . . . .
Of judicial officer . . . . . . . . . . . . . . . . . . . . . . .
6
4
4
8
Acceptance
Of certain federal or foreign offices vacates
seat in legislature . . . . . . . . . . . . . . . . . . . . .
2
14
1
22
4
9
Accused
Rights in criminal prosecutions . . . . . . . . . . . . .
Rights of, on removal from office by
legislature . . . . . . . . . . . . . . . . . . . . . . . . . . .
Actions
Against the state . . . . . . . . . . . . . . . .
By and against corporations . . . . . . . .
Not affected by change in government
Transfer from territorial to state court .
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2
12
27
27
26
5
1
5,8,10
(2004 Ed.)
Index to State Constitution
Acts
Effective date (Stricken by Amendment 7)
Effective date . . . . . . . . . . . . . . . . . . . . .
Enacting clause . . . . . . . . . . . . . . . . . . .
Not to be amended unless set forth in full .
Presentation to governor necessary . . . . . .
When effective without approval . . . . . . .
Veto, passage over . . . . . . . . . . . . . . . . .
(See Bill; Laws; Statutes; Veto)
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Adjournment of legislature
For want of quorum . . . . . . . . . . . . . . . . . . . . .
Governmental continuity during emergency
periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
2
2
2
3
3
3
31
l,41
18
37
12
12
12
Amendments to Constitution: Ratified
(1) In order of amendments:
Amendment
No. 1 to art
No. 2 to art
No. 3 to art
No. 4 to art
No. 5 to art
2
8
No.
No.
6 to art
7 to art
2
2
42
11
No.
8 to art
28(16)
No.
No.
No.
No.
No.
No.
9
10
11
12
13
14
to
to
to
to
to
to
art
art
art
art
art
art
No.
No.
No.
No
No.
No.
15
16
17
18
19
20
to
to
to
to
to
to
art
art
art
art
art
art
No.
No.
No.
No.
No.
No.
21
22
23
24
25
26
to
to
to
to
to
to
art
art
art
art
art
art
Adoption of children
By special act forbidden . . . . . . . . . . . . . . . . . .
2
Ad valorem tax
Authority to levy on mines and reforested
lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
1
Advances of money or fees
Prohibited to secure rights of accused . . . . . . . . .
1
22
Advice and consent of senate
Required for appointment of officers of state
institutions . . . . . . . . . . . . . . . . . . . . . . . . . .
1
31
Affirmation
Mode of administering . . . . . . . . . . . . . . . . . . .
1
6
Age
Of voter . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
1
Agricultural lands
Taxation based on actual use . . . . . . . . . . . . . . .
7
11
No. 27 to art
No. 28 to art
Agriculture
Bureau of, established . . . . . . . . . . . . . . . . . . . .
Commodity assessments . . . . . . . . . . . . . . . . . .
Development and trade promotion, funds for . . . .
2
8
8
34
11
11
Alienation of franchise
Corporate liabilities not relieved by . . . . . . . . . .
12
8
Aliens
Corporation alien (Repealed by Amendment 42) .
Naturalization of, by superior court . . . . . . . . .
Ownership of lands prohibited, exceptions
(Repealed by Amendment 42) . . . . . . . . . . . . .
2
4
33
6
2
33
...
...
2
2
37
20
...
...
2
2
41
38
Amendment to municipal charter
By special act forbidden . . . . . . . . . . . . . . . . . .
How proposed, submitted and adopted . . . . . . . .
2
11
28(8)
10
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
23
23
23
23
23
2
1
1
1
3
23
1
23
1,2
Amendment to bills
Act or section amended to be set forth in full
Either house may amend bills of the other . . .
Initiative measure, prohibition against
amendment of . . . . . . . . . . . . . . . . . . . . .
Scope and object not to be changed . . . . . . .
Amendment to Constitution
By convention . . . . . . . . . . . . . . . . . . . . . . . . .
Proposal for, may originate in either house . . . . .
Publication of notice of election . . . . . . . . . . . . .
Ratification by electors . . . . . . . . . . . . . . . . . . .
Revised Constitution, adoption by people . . . . . .
Separate amendments to be separately
voted on . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vote proposing amendment or revision, two-thirds
of each house necessary . . . . . . . . . . . . . . . . .
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
art
art
art
art
art
art
art
art
art
art
art
art
art
art
art
art
art
art
art
art
art
art
art
art
No. 53 to art
No. 54 to art
No. 55 to art
No. 56 to art
No. 57 to art
No. 58 to art
(2004 Ed.)
Index
16
6
7
1
6
6
3
2
2
1
1
1
1
8
11
2
7
7
15
12
7
2
7
2
3
28
11
11
11
2
4
2
8
4
4
2
2
3
2
24
1
2
2
23
4
2
11
4
2
9
16
8
6
7
8
29
4
8
2
11
7
2
3
4
11
28
30
7
2
11
11
11
sec
5
sec
1
sec
2
sec
11
sec
1
sec
2 (deleted)
sec
10
sec
1
sec
31 (deleted)
sec
33 (added)
sec
34 (added)
sec
16
sec
22
sec
4
sec
5
sec
15
sec
1
sec 2,3,4 (deleted)
sec
1
sec
11
sec
2
sec
40 (added)
sec
3 (new)
sec
23 (part repeal)
sec 14,16,17,19,20,21,22 (part repeal)
sec
1 (added)
sec
4
sec
7 (repealed)
sec
16 (added)
sec
33
sec 3(a) (added)
sec 1(c) (superseded)
sec
41 (added)
sec
6
sec
6
sec
10
sec
33
sec 1(a) (added)
sec
25
sec
15
sec
1
sec
11
sec
25
sec 1(e) (added)
sec
1
sec 2(a) (added)
sec
42 (added)
sec
10
sec
29 (added)
sec
33 (repealed)
sec
3
sec
5
sec
8 (added)
sec
1A (added)
sec
10 (added)
sec
3
sec
1 (added)
sec
30 (added)
sec
9 (added)
sec
15
sec
6
sec
11 (added)
sec
25 (part repeal)
sec
25 (part repeal)
sec
13 (part repeal)
sec
8 (part repeal)
sec
1 (part repeal)
sec
1 (added)
sec
2
sec
24
sec
5
sec
8
sec
16
[Vol. 0 RCW—page 103]
Index
Constitution of the State of Washington
No. 59 to art
No. 60 to art
No. 61 to art
No.
No.
No.
No.
62
63
64
65
to
to
to
to
art
art
art
art
No.
No.
No.
No.
No.
No.
No.
66
67
68
69
70
71
72
to
to
to
to
to
to
to
art
art
art
art
art
art
art
No. 73 to art
No. 74 to art
No.
No.
No.
No.
No.
No.
No.
No.
No.
75
76
77
78
79
80
81
82
83
to
to
to
to
to
to
to
to
to
art
art
art
art
art
art
art
art
art
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
84
85
86
87
88
89
90
91
92
93
94
95
96
to
to
to
to
to
to
to
to
to
to
to
to
to
art
art
art
art
art
art
art
art
art
art
art
art
art
7
8
8
31
31
3
6
7
4
4
12
12
2
2
8
4
2
2
32
2
2
27
29
8
4
28
7
4
7
8
6
13
1
4
8
4
1
4
7
8
8
29
4
7
2
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
2
1
3
1
2
12
1
2
6
10
18
14
12
13
10
31
1
1(a)
1
3
43
13
1
11
31
1
2
7
1
10
3
1
35
31
10
6
11
3
2
10
1
1
7
2
15
(added)
(added)
Art
3
sec
sec
sec
sec
sec
sec
sec
(repealed)
(added)
(added)
Art
4
Art
6
Art
7
Art
8
(stricken)
(added)
(repealed)
(added)
(repealed)
(added)
(added)
(2) In order of articles and sections affected:
Art
Art
1
2
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
11—Amendment
11—Amendment
11—Amendment
16—Amendment
22—Amendment
33—(added)
34—(added)
35—(added)
1—Amendment
1(e)—(added)
1—Amendment
1(a)—(added)
1(a)—(stricken)
3—(repealed)
11(c)—(supersed.)
12—Amendment
13—Amendment
15—Amendment
15—Amendment
15—Amendment
15—Amendment
23—(part rep.)
24—Amendment
25—Amendment
25—(part rep.)
31—(deleted)
33—Amendment
33—Amendment
33—(repealed)
[Vol. 0 RCW—page 104]
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
4
34
88
9
10
8
8
84
7
36
72
30
72
74
26
68
69
13
32
52
96
20
56
35
54
7
24
29
42
sec
sec
sec
sec
sec
sec
Art 9
Art 11
Art 12
40—(added)
41—(added)
42—(added)
43—(added)
10—Amendment
12—Amendment
14
16
17
19 —Amendment
20 (part rep.)
21
22
sec 25—Amendment
sec 25—(part rep.)
sec 2(a)—(added)
sec 3—Amendment
sec 3(a)—(added)
sec 6—Amendment
sec 6—Amendment
sec 6—Amendment
sec 7—Amendment
sec 7—Amendment
sec 10—Amendment
sec 10—Amendment
sec 13—(part rep.)
sec 29—(added)
sec 30—(added)
sec 31—(added)
sec 31—Amendment
sec 31—Amendment
sec 1—Amendment
sec 1—Amendment
sec 1—Amendment
sec 1A—(added)
sec 2—(deleted)
sec 3—Amendment
sec 1—Amendment
sec 1—Amendment
sec 2—(original)
sec 2—Amendment
sec 2—Amendment
sec 2—Amendment
sec 2—Amendment
sec 2—Amendment
sec 2—Amendment
sec 2—Amendment
sec 3—(new)
sec 10—(added)
sec 11—(added)
sec 1—Amendment
sec 1—Amendment
sec 3—Amendment
sec 3—Amendment
sec 4—Amendment
sec 6—Amendment
sec 8—(added)
sec 9—(added)
sec 10—(added)
sec 10—Amendment
sec 10—Amendment
sec 10—Amendment
sec 11—(added)
sec 3—Amendment
sec 4—Amendment
sec 5—Amendment
sec 5—Amendment
sec 6—Amendment
sec 7—(repealed)
sec 8—(part rep.)
sec 8—Amendment
sec 10—Amendment
Sec 10—Amendment
sec 16—(added)
sec 16—Amendment
sec 11—Amendment
sec 14—(repealed)
sec 18—Amendment
No.
No.
No.
No.
No.
No.
18
26
39
74
6
62
No. 20
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
31
54
38
89
25
28
65
87
80
94
28
65
54
41
50
71
77
85
2
5
63
46
5
83
14
81
3
17
55
59
64
79
90
95
19
47
53
60
92
48
60
11
27
45
51
70
82
86
91
76
43
21
12
57
52
22
54
57
40
91
23
58
16
67
66
(2004 Ed.)
Index to State Constitution
Art 13
Art 15
Art 16
Art
Art
Art
Art
23
24
27
28
Art 29
Art 30
Art 31
Art 32
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
sec
1—Amendment
1—Amendment
5—Amendment
5—Amendment
1—Amendment
1—Amendment
13—(repealed)
1—(added)
1—(part rep.)
1—Amendment
1—(added)
1—Amendment
1—Amendment
1—(added)
1—(added)
2—(added)
1—(added)
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
83
15
1
44
37
33
74
20
54
78
49
75
93
54
61
61
73
Appellate jurisdiction
Of court of appeals . . . . . . . . .
Of superior court . . . . . . . . . .
From territorial probate courts
Of supreme court . . . . . . . . . .
1
2
4
5
7
12
13
14
17
20
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
23
24
28
29
30
31
32
34
35
48
49
52
55
59
60
64
70
71
75
77
79
80
81
82
86
90
amended
amended
amended
amended
amended
amended
amended
amended
amended
part rep.
amended
amended
repealed
amended
repealed
stricken
part rep.
amended
amended
part rep.
amended
amended
amended
amended
amended
amended
amended
amended
amended
amended
amended
amended
amended
amended
amended
amended
amended
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
by
Amendment 44
Amendment 5
Amendments 34 and 88
Amendment 63
Amendments 26, 30, 36, and 72
Amendment 57
Amendments 32, 52, and 96
Amendment 81
Amendments 55, 59, 64, 79, 90, and 95
Amendment 54
Amendment 78
Amendment 58
Amendment 42
Amendments 65 and 87
Amendment 42
Amendment 72
Amendment 54
Amendments 52 and 96
Amendment 88
Amendment 54
Amendment 60
Amendments 75 and 93
Amendment 96
Amendments 59, 64, 79, 90, and 95
Amendments 64, 79, 90, and 95
Amendment 92
Amendments 79, 90, and 95
Amendments 82, 86, and 91
Amendments 77 and 85
Amendment 93
Amendment 85
Amendments 90 and 95
Amendment 94
Amendments 86 and 91
Amendment 86
Amendment 91
Amendment 95
4
4
4
6
Annual sessions of legislature . . . . . . . . . . . . . . .
2
12
4
4
Appeal
Right of accused in criminal cases . . . . . . . . . . .
(See Appellate jurisdiction)
1
Appearance
Appearance of accused in criminal cases . . . . . . .
1
(2004 Ed.)
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.
.
Apportionment
Of legislators . . . . . . . . . . . . . . . . . . . . .
Of representatives among counties of state
Of school fund . . . . . . . . . . . . . . . . . . . .
Of school fund, by special act, prohibited .
Of senators among counties of state . . . . .
.
.
.
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.
.
.
.
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4
4
27
4
30
6
10
4
.
.
.
.
.
.
.
.
.
.
.
.
4
13
4
11
22
1
18
6
...
3
13
...
2
42
...
2
14
.
.
.
.
.
.
.
.
.
.
2
22
9
2
22
Appropriation of private property
For public or private use . . . . . . . . . . . . . . . . . .
For right-of-way of corporations . . . . . . . . . . . . .
(See Eminent domain)
1
1
16
16
Appropriations
Capitol buildings, for . . . . . . . . . . . . . . . . . .
Common school fund, to . . . . . . . . . . . . . . . .
Expenses of constitutional convention . . . . . . .
Item veto of . . . . . . . . . . . . . . . . . . . . . . . . .
Money from state treasury shall be paid out by
Religious worship, prohibition against
appropriation for . . . . . . . . . . . . . . . . . . . .
Reverts unless paid out within two years . . . . .
Sum and object to be specified . . . . . . . . . . .
Time for payment, limitation of . . . . . . . . . . .
When act providing for, to take effect
(Stricken by Amendment 7) . . . . . . . . . . . .
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43
2
3
28(7)
1
4
6
22
22
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14
9
27
3
8
3
3
19
12
4
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1
8
8
8
11
4
4
4
..
2
31
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15
15
15
15
1
2
1
3
....
....
....
1
1
10
24
24
4
....
10
6
Army
Standing, not to be kept in time of peace . . . . . .
(See Militia)
1
31
Arrest
Legislators, when privileged from . . . . . . . . . . . .
Militia, when privileged from . . . . . . . . . . . . . .
Voters privileged from at elections, except . . . . .
2
10
6
16
5
5
Artificial light
City or town may contract debt for, limitations . .
Amount in controversy
Appellate jurisdiction of supreme court . . . . . . . .
Original jurisdiction of superior court . . . . . . . . .
Annulment of marriage
Appellate jurisdiction of supreme court . . . . . . . .
Original jurisdiction of superior court . . . . . . . . .
(See Divorce)
...
...
..
...
Appointment
Of clerk of supreme court . . . . . . . . . . . . . .
Of regents of state institutions . . . . . . . . . . .
Of reporter of supreme court . . . . . . . . . . . .
To fill vacancy in county offices . . . . . . . . .
To fill vacancy in state offices,
by governor . . . . . . . . . . . . . . . . . . . . . .
Governmental continuity during emergency
periods . . . . . . . . . . . . . . . . . . . . . . . . .
To office under United States vacates seat in
legislature . . . . . . . . . . . . . . . . . . . . . . . .
(3) Amendments amended or repealed:
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Index
8
6
Assemblages of people
Right of peaceable assembly not to be abridged . .
1
4
Assessment
Imposition by special act prohibited . . . . . . . . . .
Jurisdiction of superior court, original . . . . . . . . .
Jurisdiction of supreme court, appellate . . . . . . . .
2
4
4
28(5)
6
4
Area reserved
Between harbor lines and line of high tide
Lease of, by state for wharves . . . . . . . . .
Sale of, restrictions on . . . . . . . . . . . . . .
Streets over, authorized . . . . . . . . . . . . . .
(See Harbors; Navigable waters; Wharves)
.
.
.
.
Arms
Private armed bodies not authorized . . . . . .
Right of people to bear arms guaranteed . . .
Safekeeping of public arms to be provided .
Scruples against bearing arms, excuses from
militia duty in time of peace . . . . . . . . . .
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[Vol. 0 RCW—page 105]
Index
Constitution of the State of Washington
Property of corporations, how assessed
(Stricken by Amendment 14) . . . . . . . . .
Retired persons, property tax exemption . . .
Special, for local improvements, authorized .
Taxation based on special use . . . . . . . . . .
Uniform and equal rate of, to be established
(Stricken by Amendment 14) . . . . . . . . .
(See Taxation)
.
.
.
.
7
7
7
7
3
10
9
11
....
7
2
Assignment
Of superior judges and judicial business by
supreme court . . . . . . . . . . . . . . . . . . . . . . . .
Of superior judges by governor . . . . . . . . . . . . .
4
4
2(a)
5
Association
Combination in restraint of trade prohibited .
Included in term "corporation" . . . . . . . . . .
Issuance of money by, prohibited . . . . . . . .
Organization authorized, for construction of
telegraph and telephone lines . . . . . . . . .
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....
....
....
12
12
12
22
5
11
....
12
Bail
Allowable on sufficient sureties, exceptions . . . . .
Excessive, not to be required . . . . . . . . . . . . . . .
Ballot
Elections to be by . . . . . . . . . . . . . . . .
Form of, in voting for Constitution, etc.
Initiative measures, ballot submitting . .
Presidential, casting . . . . . . . . . . . . . .
Secrecy of, provision to be made for . .
Superior court judge, election for . . . . .
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1
1
20
14
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6
27
2
6
6
4
6
18
1
1(A)
6
29
Banking corporations
Stockholder liability . . . . . . . . . . . . . . . . . . . . .
Officers of, when liable for deposits . . . . . . . . . .
12
12
11
12
Banks
Liability of officers for deposits . . . . . . . . . . . . .
Liability of stockholders . . . . . . . . . . . . . . . . . .
12
12
12
11
Beds and shores of navigable waters
Disclaimer of title by state where patented,
exception . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ownership of, asserted by state . . . . . . . . . . . . .
17
17
2
1
...
...
2
2
37
20
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2
2
2
2
2
2
38
31
l,41
20
18
22
...
...
2
2
36
18
...
2
22
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2
3
2
3
3
2
20
12
1
12
12
38
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2
2
2
2
3
2
3
3
32
19
19
19
12
1
12
12
...
...
2
2
30
22
Bill of attainder
Enactment of, prohibited . . . . . . . . . . . . . . . . . .
1
23
Boats
Jurisdiction of public offense committed on . . . . .
1
22
..
12
6
.
.
.
.
8
8
27
32
7
1
4
1
19
Assumption
Of territorial debts by state . . . . . . . . . . . . . . . .
26
3
Attack (See Invasion and attack)
Attainder
Bills of, prohibited . . . . . . . . . . . . . . . . . . . . . .
1
23
Attestation
Of commissions, by secretary of state . . . . . . . . .
3
15
........
........
........
3
3
5
21
1
2
........
........
........
3
4
4
24
9
9
........
........
3
3
10
3
Attorney general
Duties . . . . . . . . . . . . . . . . . . . . . . .
Election of . . . . . . . . . . . . . . . . . . . .
Impeachment, liability to . . . . . . . . . .
Records of office, to be kept at seat of
government . . . . . . . . . . . . . . . . . .
Removal from office by legislature . . .
Rights of accused . . . . . . . . . . . . . . .
Salary (See Salaries)
Succession to governorship . . . . . . . .
Term of office . . . . . . . . . . . . . . . . .
Attorneys at law
Accused in criminal cases entitled to appear
by counsel . . . . . . . . . . . . . . . . . . . . . . . . . .
Prosecuting attorney, duty of legislature to
provide for election of . . . . . . . . . . . . . . . . . .
Auditor
Duties . . . . . . . . . . . . . . . . . . . . . . . . .
Election of . . . . . . . . . . . . . . . . . . . . . .
Impeachment, liability to . . . . . . . . . . . .
Office may be abolished by legislature . .
Records to be kept at seat of government
Residence at seat of government required
Salary (See Salaries)
Succession to governorship . . . . . . . . . .
Term of office . . . . . . . . . . . . . . . . . . .
1
22
11
5
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3
3
5
3
3
3
20
1
2
25
24
24
......
......
3
3
10
3
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23
1
.....
2
2
2
31
22
.....
4
9
.....
13
1
.....
2
36
.
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.
.
Ayes and noes
When to be taken and entered on journal
On amendments to Constitution proposed
On demand of one-sixth of members of
either house . . . . . . . . . . . . . . . . . . . .
On emergency clauses (Stricken by
Amendment 7) . . . . . . . . . . . . . . . . . .
On final passage of bills . . . . . . . . . . . .
On removal of public officer by
legislature . . . . . . . . . . . . . . . . . . . . .
On senate’s confirmation or rejection
of governor’s appointees . . . . . . . . . . .
On suspension of the prohibition against
introduction of bills . . . . . . . . . . . . . .
(See Yeas and nays)
[Vol. 0 RCW—page 106]
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21
.....
.....
Bill
Act or section amended must be set forth in
full . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of, may be made by either house
Amendment of, shall not change scope and
object . . . . . . . . . . . . . . . . . . . . . . . . . . .
Effective date (Stricken by Amendment 7) . .
Effective date . . . . . . . . . . . . . . . . . . . . . . .
Either house may originate bills . . . . . . . . . .
Enacting clause required . . . . . . . . . . . . . . .
Final passage, requisites of . . . . . . . . . . . . .
Initiative measures (See Initiative and
referendum)
Introduction of, limitation on time of . . . . . .
Laws to be enacted by . . . . . . . . . . . . . . . .
Passage by either house, requisite
proceedings . . . . . . . . . . . . . . . . . . . . . .
Passage by one house, subject to amendment
in other . . . . . . . . . . . . . . . . . . . . . . . . .
Passage over governor’s veto . . . . . . . . . . . .
Power of people to propose, pass, etc. . . . . .
Presentation to governor for approval . . . . . .
When becomes law without approval . . . . .
Scope of, not to be changed by amendment . .
Signature by presiding officers of both
houses necessary . . . . . . . . . . . . . . . . . . .
Subject restricted to one object . . . . . . . . . .
Subject to be expressed in title . . . . . . . . . . .
Title of, to express subject . . . . . . . . . . . . . .
Veto of, power of governor . . . . . . . . . . . . .
Initiative or referred measures . . . . . . . . . .
Separate items or sections subject to . . . . .
Session, extraordinary, to reconsider . . . . .
Vote on, by interested legislators
prohibited . . . . . . . . . . . . . . . . . . . . . . . .
Vote on, how taken . . . . . . . . . . . . . . . . . .
(See Acts; Laws)
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Bonds
Corporations can issue only for money, labor
or property received . . . . . . . . . . . . . . . . . .
County and municipal corporations not to own
bonds of private corporations . . . . . . . . . . .
Debt limitation . . . . . . . . . . . . . . . . . . . . . . .
Executed to territory to pass to state . . . . . . . .
Industrial development projects financing . . . .
.
.
.
.
(2004 Ed.)
Index to State Constitution
Investment of school funds in . . . . . . . . . . . . . .
9
16
3
5
Nonrecourse revenue bonds by governmental
entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
State building authority, by . . . . . . . . . . . . . . . .
Limitation . . . . . . . . . . . . . . . . . . . . . . . . . . .
32
8
8
1
9
1(g)
Boundaries
Of county, change by division or enlargement
Of county, change by special legislation
prohibited, exceptions . . . . . . . . . . . . . . .
Of existing counties recognized . . . . . . . . . .
Of state, defined . . . . . . . . . . . . . . . . . . . . .
...
11
...
...
...
2
11
24
Bribery
Criminating evidence compulsory . . . . . . . . . . . .
Disqualifies for holding office . . . . . . . . . . . . . .
Legislature to define and provide punishment
for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
2
30
30
2
30
Buildings, public
State building authority . . . . . . . . . . . . . . . . . . .
8
9
Bureau of statistics, agriculture and immigration
Legislature to provide for . . . . . . . . . . . . . . . . .
2
3
28(18)
1
1
Index
Chaplain
For state correctional, mental institutions,
county or public health district health care . . . .
Charter
Corporate
Creation by special legislation forbidden
Extension of, by legislature prohibited . .
Forfeiture of, not to be remitted . . . . . .
Void for want of organization, when . . .
Municipal
Creation or amendment by special law,
prohibited . . . . . . . . . . . . . . . . . . . . .
Election for, how conducted . . . . . . . . .
Grant of, to be under general laws . . . .
How amended . . . . . . . . . . . . . . . . . . .
Power of certain cities to frame . . . . . .
Publication, prior to submission . . . . . .
Subject to general laws . . . . . . . . . . . .
Submission of alternate propositions . . .
1
11
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12
12
12
12
1
3
3
2
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2
11
11
11
11
11
11
11
28(8)
10
10
10
10
10
10
10
Chief justice of supreme court
Method of determining . . . . . . . . . . . . . . . . . . .
Presides on trial of impeachments, when . . . . . . .
4
5
3
1
2
9
28(16)
1
1
6
6
12
1
1A
.
32
1
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11
2
11
11
10
28(8)
10
10
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11
10
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11
11
11
11
8
2
8
11
8
10
10
10
16
7
28(8)
7
10
6
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4
4
4
10
10
10
.
7
9
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30
11
1
15
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11
30
11
11
11
4
8
1
8
14
11
10
.
11
10
.
7
9
34
Bureau of vital statistics
Legislature to establish . . . . . . . . . . . . . . . . . . .
20
1
Children
Adoption of, by special act, forbidden . . . . . . . .
Duty of state to educate all . . . . . . . . . . . . . . . .
(See Minors)
Canal companies
Common carriers, subject to legislative
control . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Discrimination in charges prohibited . . . . . . . . . .
12
12
13
15
Citizens
All entitled to equal privileges and
immunities . . . . . . . . . . . . . . . . . . . . . . . . . .
Citizenship qualification for voters . . . . . . . . . . .
Voter qualifications, presidential elections . . . . . .
1
20
Capital offenses
Bailable, when . . . . . . . . . . . . . . . . . . . . . . . . .
(See Crime)
Capital of state (See Seat of government)
Capitol buildings
Appropriations for . . . . . . . . . . . . . . . . . . . . . .
14
3
Caste
Discrimination in education on account of,
prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
1
Causes
Transfer from territorial to state courts . . . . . . . .
(See Actions)
27
Census
Apportionments of legislative members based
on federal census . . . . . . . . . . . . . . . . . . . . . .
Enumeration to be made in decennial periods
(Repealed by Amendment 74) . . . . . . . . . . . . .
2
43
2
3
Certiorari
Jurisdiction of superior court . . . . . . . . . . . . . . .
Jurisdiction of supreme court . . . . . . . . . . . . . . .
4
4
6
4
5,8,10
Cession of jurisdiction
Exclusive legislation over certain lands
given to United States . . . . . . . . . . . . . . . . . .
Retention by state of jurisdiction for service
of process . . . . . . . . . . . . . . . . . . . . . . . . . . .
25
1
25
1
Change of name
Special legislation prohibited . . . . . . . . . . . . . . .
2
28(1)
Changing county lines
Special legislation prohibited, except . . . . . . . . .
2
28(18)
Changing county seats
Special legislation prohibited . . . . . . . . . . . . . . .
2
28(18)
(2004 Ed.)
City
Bonds, nonrecourse revenue for industrial
development projects . . . . . . . . . . . . . . . . . .
Charter
Alternative propositions, submission of . . . . .
Amendment by special law prohibited . . . . . .
Amendments of, how effected . . . . . . . . . . . .
Election of freeholders . . . . . . . . . . . . . . . . .
Freeholder’s charter, what cities may
frame . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Publication of election notices and of
proposed charter . . . . . . . . . . . . . . . . . . . . .
Submission of the charter proposed . . . . . . . .
Vote on, majority necessary to ratify . . . . . . .
Combined city-county . . . . . . . . . . . . . . . . . . .
Corporate stock or bonds, not to be owned by . .
Creation by special act prohibited . . . . . . . . . . .
Credit of, not to be loaned, except . . . . . . . . . .
Incorporation of, must be under general laws . . .
Indebtedness, limitations on . . . . . . . . . . . . . . .
Justice of peace in, legislature to prescribe
powers, duties, jurisdiction and number . . . . .
May act as police justice . . . . . . . . . . . . . . .
Salary of, in cities of over 5,000 . . . . . . . . . .
Local improvements by special
assessment or taxation . . . . . . . . . . . . . . . . .
Officers of
Compensation increase . . . . . . . . . . . . . . . . .
Must deposit public moneys with treasurer . . .
Recall of officers (See Recall of officers)
Salary not to be changed during term
(Partially repealed by Amendment 54) . . . . .
(Amendment 54) . . . . . . . . . . . . . . . . . . . .
Term of office not to be extended . . . . . . . . .
Use of public money by, a felony . . . . . . . . .
Police and sanitary regulations may be enforced
Police justice, justice of peace may act as . . . . .
Reincorporation under general laws permitted
to cities under special charter . . . . . . . . . . . .
Taxation
Authorized to assess and collect general . . . . .
[Vol. 0 RCW—page 107]
Index
Constitution of the State of Washington
Local improvements . . . . . . . . . . . . . . . . . .
Local taxes not to be imposed by
legislature . . . . . . . . . . . . . . . . . . . . . . . . .
Power to assess and collect rests in city . . . .
Uniformity in respect to persons and
property required . . . . . . . . . . . . . . . . . . . .
(See Municipal corporation; Municipal courts;
Municipal fine)
Civil actions
Limitation by special act prohibited . .
Number of jurors in . . . . . . . . . . . . .
Number of jurors necessary for verdict
Parties may waive jury . . . . . . . . . . .
(See Actions)
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7
9
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11
11
12
12
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7
9
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28(17)
21
21
21
Civil power
Elections to be free from interference by . . . . . . .
Governmental continuity during emergency
periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Military subordinate to . . . . . . . . . . . . . . . . . . .
1
19
2
1
42
18
Classification
Of cities and towns in proportion to
population . . . . . . . . . . . . . . . . . . . . . . . . . .
Of counties . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of judges of supreme court by lot . . . . . . . . . . .
11
11
4
10
5
3
Clerk
Of county, providing for election of . . . . . . . . . .
Of superior court, county clerk is . . . . . . . . . . . .
Of supreme court . . . . . . . . . . . . . . . . . . . . . . .
11
4
4
5
26
22
Collection of taxes
Time not to be extended by special laws . . . . . . .
(See Taxation)
2
Color
Discrimination in education on account of,
prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
Combined city-county . . . . . . . . . . . . . . . . . . . .
11
Comment on facts
Judge not to make, in charging jury . . . . . . . . . .
Commission
To establish harbor lines . . . . . . . . . . . . . . . . . .
To regulate railroad and transportation
lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
To set salaries, authorized . . . . . . . . . . . . . . . . .
15
Committees of legislature . . . . . . . . . . . . . . . . . .
2
12
Commodities
Agricultural commodity commission
assessments . . . . . . . . . . . . . . . . . . . . . . . . .
8
11
..
12
13
..
12
15
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12
12
12
12
12
12
18
13
18
13
19
13
9
3
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9
9
9
16
3
2
3
5
..
..
..
9
9
9
5
3
3
Common carriers
Canal companies are . . . . . . . . . . . . . . . . . . .
Discrimination in charges or service
prohibited . . . . . . . . . . . . . . . . . . . . . . . . .
Maximum rate of charges, legislature may
regulate . . . . . . . . . . . . . . . . . . . . . . . . . .
Railroad companies are . . . . . . . . . . . . . . . . .
Regulation of, by commission, authorized . . . .
Subject to legislative control . . . . . . . . . . . . .
Telegraph and telephone companies are . . . . .
Transportation companies are . . . . . . . . . . . . .
(See Canal, Railroad, Transportation, Telegraph
and telephone companies)
Common school fund
Enlargement of . . . . . . . . . . . . . . . . . . . . . . .
Income from, to be applied to common schools
Interest to be expended for current expenses . .
Investment . . . . . . . . . . . . . . . . . . . . . . . . . .
Losses occasioned by default, fraud, etc., to
become permanent debt against state . . . . . .
Principal of, to remain irreducible . . . . . . . . .
Sources of . . . . . . . . . . . . . . . . . . . . . . . . . .
(See School fund)
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Common schools
General and uniform system to be established . . .
Management by special legislation prohibited . . .
Superintendent of public instruction to
supervise . . . . . . . . . . . . . . . . . . . . . . . . . . .
(See Education; Public schools)
3
4
1
22
16
8
9
2
2
28(15)
3
22
Commutation of sentence
Report by governor to legislature . . . . . . . . . . . .
3
11
Commutation of taxes
Prohibition against state granting . . . . . . . . . . . .
11
9
Commutation tickets
Carrier may grant, at special rates . . . . . . . . . . .
12
15
Compact with United States
Irrevocable without mutual consent . . . . . . . . . .
9
Combinations
To affect prices, production, or transportation
of commodities, prohibited . . . . . . . . . . . . . . .
(See Monopolies)
Commander-in-chief
Governor to be, when militia in state
service . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(See Militia)
28(5)
3
Common school construction fund established . .
2
1
1
1
Commissions
Issuance of . . . . . . . . . . . . . . . . . . . . . . . . . . .
26
Compensation
Appropriation of private property . . . . . . . . . . . .
Attorney general . . . . . . . . . . . . . . . . . . . . . . . .
Change of, during term of public officer
(Partially repealed by Amendment 54) . . . . . . .
1
3
16
21
....
2
3
4
11
28
30
25
25
13
8
1
1
15
1
12
28
18
1
4
....
11
5
....
11
5,8
1
2
1
1
4
4
16
25
16
16
30
13,14
31
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3
3
3
3
23
1
25
24
....
....
3
3
10
3
Commissioners
Appointment of for state institutions . . . . . . . . . .
13
1
Commission on judicial conduct . . . . . . . . . . . . .
Commissioner of public lands
Duties of, to be prescribed by legislature . . .
Election of . . . . . . . . . . . . . . . . . . . . . . . .
Office may be abolished by legislature . . . .
Records of, to be kept at seat of government
Salary (See Salaries)
Succession to governorship . . . . . . . . . . . .
Term of office . . . . . . . . . . . . . . . . . . . . .
[Vol. 0 RCW—page 108]
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1-4
16
(Amendment 54) . . . . . . . . . . . . . . . . . .
Classification of counties in fixing
compensation of officers . . . . . . . . . . . .
County, township, precinct and district
officers (Partially repealed by
Amendment 54) . . . . . . . . . . . . . . . . . .
Eminent domain, compensation for property
taken in . . . . . . . . . . . . . . . . . . . . . . . .
Extra, not to be granted to public officers . .
For right-of-way for corporations . . . . . . . .
Jury to ascertain compensation due . . . . .
Judges of court of appeals . . . . . . . . . . . . .
Judges of supreme and superior courts . . . .
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(2004 Ed.)
Index to State Constitution
Jury to ascertain compensation in eminent
domain . . . . . . . . . . . . . . . . . . . . . . .
Justice of peace in cities of over 5,000 . .
Member of legislature (Partially repealed
by Amendment 20) . . . . . . . . . . . . . .
State officers (Partially repealed by
Amendment 54) . . . . . . . . . . . . . . . .
Increase during term . . . . . . . . . . . . .
Waiver of jury trial for ascertaining
compensation in eminent domain . . . .
......
......
1
4
16
10
......
2
23
......
......
28
30
1
1
......
1
Index
(Repealed by Amendment 67) . . . . . . . . . . . . .
Impairment of obligation prohibited . . . . . . . . . .
State building authority, by . . . . . . . . . . . . . . . .
12
1
8
14
23
9
Conveyance
Jurisdiction of public offense committed on
public conveyance . . . . . . . . . . . . . . . . . . . . .
Of lands to aliens invalid (Repealed by
Amendment 42) . . . . . . . . . . . . . . . . . . . . . .
1
22
2
33
Conviction
No corruption of blood nor forfeiture of
estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
On impeachment, two-thirds of senators must
concur . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
15
5
1
Convict labor
Contracts for, prohibited . . . . . . . . . . . . . . . . . .
Working for benefit of state authorized . . . . . . . .
2
2
29
29
Copartnerships
Combinations affecting price, production or
transportation prohibited . . . . . . . . . . . . . . . . .
12
22
Copies
Right of accused to copy of accusation . . . . . . . .
1
22
Corporate powers
Not to be granted by special laws . . . . . . . . . . . .
2
28(6)
Corporate property
Appropriation by eminent domain not to be
abridged . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Taxation of, power not to be surrendered
(Stricken by Amendment 14) . . . . . . . . . . . . .
12
10
7
4
..
..
2
1
33
16
..
..
..
8
12
12
7
6
1
..
..
12
12
2
3
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12
2
2
12
12
1
12
22
28(6)
28(10)
5
10
12
7
..
..
..
12
12
12
22
3
1
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12
12
12
12
8
22
1
1
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12
12
..
12
8
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16
12
12
8
5
11
22
9
..
12
9
16
Conditions
On foreign corporations doing business . . . . . . . .
12
7
Confession in open court
Effect in treason . . . . . . . . . . . . . . . . . . . . . . . .
1
27
Confronting witnesses
Right of accused . . . . . . . . . . . . . . . . . . . . . . . .
Congress
Exclusive power of legislature over lands of
United States in state . . . . . . . . . . . . . . .
Subject to state’s right to serve process . .
Indian lands under jurisdiction of . . . . . . . .
Legislator elected to, vacates seat . . . . . . . .
Member of, ineligible to legislature . . . . . .
Representatives in, election of . . . . . . . . . .
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1
25
25
26
2
2
2
22
1
1
2
14
14
43
Congressional districts
Redistricting commission . . . . . . . . . . . . . . . . . .
2
43
Conscience, freedom of
Guaranteed to every individual . . . . . . . . . . . . . .
1
11
Consent of governed
Source of governmental powers . . . . . . . . . . . . .
1
1
Conservation, energy, water, or stormwater or
sewer services
Loans of credit . . . . . . . . . . . . . . . . . . . . . . . . .
8
10
Consolidation
On competing lines of railroad prohibited . . . . . .
12
16
.......
.......
.......
23
27
27
1
15
18
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2
27
27
1
23
23
1
42
1
16
29
2
3
2
Constitutional convention
Expenses of . . . . . . . . . . . . . . . . . . . . . . . . . . .
To revise or amend Constitution . . . . . . . . . . . . .
27
23
19
2
Contempt
Each house may punish for . . . . . . . . . . . . . . . .
2
9
Constitution
Amendment, how effected . . . . . . . . . .
Election for voting on, how conducted .
Form of ballot . . . . . . . . . . . . . . . . .
Emergency, legislature’s departure from
Constitution, limited authority . . . . . .
Existing rights not affected by . . . . . . .
In effect, when . . . . . . . . . . . . . . . . . .
Mandatory . . . . . . . . . . . . . . . . . . . . .
Revision . . . . . . . . . . . . . . . . . . . . . .
Submission to people . . . . . . . . . . . .
United States, supreme law of land . . . .
(See Amendment to Constitution)
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Contested elections
(See Elections)
Continuity of government
During periods of emergency due to enemy
attack . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contracts
Affecting price, production, or transportation,
prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . .
Combination between common carriers prohibited
(2004 Ed.)
2
42
12
22
Corporations
Alien, when (Repealed by Amendment 42) . .
Appropriation of right-of-way . . . . . . . . . . . .
Bonds
Not to be owned by counties or cities . . . . .
Restriction on issuance . . . . . . . . . . . . . . . .
Business, may be regulated by law . . . . . . . . .
Charter
Invalid, if unorganized when Constitution
adopted, conditions . . . . . . . . . . . . . . . . . .
Not to be extended . . . . . . . . . . . . . . . . . .
Combinations affecting price, production, or
transportation prohibited . . . . . . . . . . . . . . .
Creation by special act prohibited . . . . . . . . . .
Debts, relief by special act prohibited . . . . . . .
Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eminent domain, property subject to . . . . . . . .
Equal privileges and immunities . . . . . . . . . . .
Foreign, not to be favored . . . . . . . . . . . . . . .
Forfeiture of franchise
For unlawful combinations . . . . . . . . . . . . .
Not to be remitted . . . . . . . . . . . . . . . . . . .
Formation, by general and not by special laws .
Franchise
Alienation or lease not to relieve
liability . . . . . . . . . . . . . . . . . . . . . . . . . .
May be forfeited . . . . . . . . . . . . . . . . . . . .
Laws relating to may be amended or repealed .
Legislative control . . . . . . . . . . . . . . . . . . . .
Liability
For receipt of bank deposits after
insolvency . . . . . . . . . . . . . . . . . . . . . . . .
Not relieved by alienation or lease of
franchise . . . . . . . . . . . . . . . . . . . . . . . . .
Loan of school funds to, prohibited (Amended
by Amendment 44) . . . . . . . . . . . . . . . . . .
Money, issuance prohibited . . . . . . . . . . . . . .
Monopolies and trusts forbidden . . . . . . . . . . .
State building authority . . . . . . . . . . . . . . . . .
State
Not to subscribe to nor own stock . . . . . . . .
[Vol. 0 RCW—page 109]
Index
Not to surrender power to tax (Stricken
by Amendment 14) . . . . . . . . . . . . . . . . .
State credit not to be loaned to . . . . . . . . . .
Stockholders
Liability . . . . . . . . . . . . . . . . . . . . . . . . .
Liability in banking, insurance, and joint
stock companies . . . . . . . . . . . . . . . . . . .
May be joined as parties defendant . . . . . .
Stock
Increase, consent and notice necessary . . . .
Not to be owned by counties or cities . . . .
Restrictions on issuance . . . . . . . . . . . . . .
Sue and be sued, right and liability . . . . . . . .
Taxation of property, method of (Stricken by
Amendment 14) . . . . . . . . . . . . . . . . . . .
Telephone and telegraph lines, organization
to construct . . . . . . . . . . . . . . . . . . . . . . .
(See Franchise)
Constitution of the State of Washington
...
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7
8
4
5
...
12
4
...
...
12
12
11
4
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12
8
12
12
6
7
6
5
...
7
3
...
12
19
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Corrupt solicitation
Compulsory testimony in cases of . . . . . . . . . . .
Disqualification for holding office . . . . . . . . . . .
Punishment to be provided by legislature . . . . . .
2
2
2
30
30
30
Corruption in office
Judges, attorney general and prosecuting
attorneys removable by legislature . . . . . . . . . . .
4
9
Corruption of blood
Conviction not to work . . . . . . . . . . . . . . . . . . .
1
owned . . . . . . . . . . . . . . . . . . . . . . .
Superior court located in each county . . .
Taxation, power to assess and collect . . .
Exemption of county property from
taxation . . . . . . . . . . . . . . . . . . . . . .
Taxes, liability for proportionate share of
state . . . . . . . . . . . . . . . . . . . . . . . . .
Local, legislature not to impose . . . . .
One percent limitation . . . . . . . . . . . .
Township organization in . . . . . . . . . . .
......
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8
4
11
7
5
12
......
7
1
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11
11
7
11
9
12
2
4
......
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11
4
5
26
......
......
......
11
11
27
5
5
7
11
5
2
15
11
6
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11
11
8
8
3
3
6
6
...
11
13
County lines
Change by special act prohibited . . . . . . . . . . . .
2
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County attorney
(See Prosecuting attorney)
County clerk
Accountability . . . . . . . . . . . . . . . . . . .
Clerk of superior court, ex officio . . . . .
Duties, term, and salary, legislature to
provide . . . . . . . . . . . . . . . . . . . . . . .
Election to be provided for by legislature
First under Constitution, time of . . . . .
County commissioners
Election, compensation, etc., legislature to
provide . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vacancies in legislature, partisan county
elective office, filled by . . . . . . . . . . . . . . . . .
Vacancies in township, precinct, and road
district offices filled by . . . . . . . . . . . . . . . . .
15
County
Apportionment
Of representatives among . . . . . . . . . . . . . . . .
Of senators . . . . . . . . . . . . . . . . . . . . . . . . . .
Assignment of superior court judges . . . . . . . . . .
Bonds, nonrecourse revenue for industrial
development projects . . . . . . . . . . . . . . . .
Classification . . . . . . . . . . . . . . . . . . . . . . .
Combined city and county . . . . . . . . . . . . . .
Corporate bonds or stocks not to be owned . .
County seat removal . . . . . . . . . . . . . . . . . .
Not to be changed by special act . . . . . . . .
Credit not to be loaned, exceptions . . . . . . . .
Debts
Apportionment on division or enlargement .
Limit of . . . . . . . . . . . . . . . . . . . . . . . . .
Private property not to be taken in
satisfaction of . . . . . . . . . . . . . . . . . . . .
Division, how effected . . . . . . . . . . . . . . . .
Existing to be legal subdivision of state . . . .
Government, legislature to provide system . .
Home rule charter, authorized . . . . . . . . . . .
For combined city-county . . . . . . . . . . . . .
Indebtedness, limit of . . . . . . . . . . . . . . . . .
Additional, assent of voters necessary . . . .
Assessment as basis of, how ascertained . .
Restriction as to purpose . . . . . . . . . . . . .
Lines, not to be changed by special act . . . . .
Location of county seat not to be changed by
special act . . . . . . . . . . . . . . . . . . . . . . .
Moneys to be deposited with treasurer . . . . .
Use of, by official, a felony . . . . . . . . . . .
New county, formation by special act not
prohibited . . . . . . . . . . . . . . . . . . . . . . . .
Restrictions on . . . . . . . . . . . . . . . . . . . .
Officers
Election, duties, terms, compensation . . . . .
Increase in compensation during term . . . .
Recall of officers (See Recall)
Police and sanitary regulations, power to
enforce . . . . . . . . . . . . . . . . . . . . . . . . . .
School funds may be invested in bonds of
(Amended by Amendment 44) . . . . . . . . .
Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Stock or bonds of corporation not to be
[Vol. 0 RCW—page 110]
22
22
4
4
2
1
2(a)
5
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32
11
11
8
11
2
8
1
5
16
7
2
28(18)
7
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11
8
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11
11
11
11
11
11
8
8
8
8
2
13
3
1
4
4
16
6
6
6
6
28(18)
...
...
...
2
11
11
28(18)
15
14
...
...
2
11
28(18)
3
...
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11
30
5
1
...
11
16
27
5
9
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11
...
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County indebtedness
Apportionment, when county divided or
enlarged . . . . . . . . . . . . . . . . . . . . . . . . .
Rights of creditors not affected . . . . . . . . .
Increase permitted for water, light and sewers
Limit of . . . . . . . . . . . . . . . . . . . . . . . . . . .
Private property not to be taken in
satisfaction of . . . . . . . . . . . . . . . . . . . . .
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3
6
County officers
Accountability for fees . . . . . . . . . . . . . . . . .
Bonds unaffected by change in government . . .
Compensation to be regulated by legislature . .
Classification of counties for purpose of
fixing compensation . . . . . . . . . . . . . . . . .
Increase during term . . . . . . . . . . . . . . . . .
Duties and term to be prescribed by
legislature . . . . . . . . . . . . . . . . . . . . . . . . .
Election
Biennial . . . . . . . . . . . . . . . . . . . . . . . . . .
Legislature to provide for the election of . . .
Time of . . . . . . . . . . . . . . . . . . . . . . . . . .
Eligibility restricted to two terms in
succession (Repealed by Amendment 22) . . .
Fees
Accountability for . . . . . . . . . . . . . . . . . . .
Use of, a felony . . . . . . . . . . . . . . . . . . . .
Partisan elective, vacancies, how filled . . . . . .
Public money, use of, felonious . . . . . . . . . . .
Recall of (See Recall of officers)
Salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Succession of duties, in emergency, temporary,
legislature . . . . . . . . . . . . . . . . . . . . . . . . .
Term of office not to be extended . . . . . . . . .
Term, power of legislature to prescribe . . . . . .
Territorial, how long to hold office . . . . . . . . .
Vacancies, how filled . . . . . . . . . . . . . . . . . .
Vacancies, partisan elective offices, how
filled . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28(18)
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11
27
11
5
14
5
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11
30
5
1
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11
5
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6
11
6
8
5
8
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11
7
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11
11
2
11
5
14
15
14
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11
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2
11
11
27
11
42
8
5
14
6
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2
15
County seat
Change or location by special act prohibited . . . .
Continuity of government, enemy attack . . . . . . .
Removal, proceedings for . . . . . . . . . . . . . . . . .
2
2
11
5,8
28(18)
42
2
(2004 Ed.)
Index to State Constitution
County treasurer
Election, compensation, duties and
accountability, legislature to provide . . . . . . . .
Court commissioners
Appointment and powers . . . . . . . . . . . . . . . . . .
Excepted from prohibition against
compensation by fees . . . . . . . . . . . . . . . . . . .
Court of appeals
Administration and procedure . . . . . . . . . .
Authorized . . . . . . . . . . . . . . . . . . . . . . . .
Conflicts with other constitutional provisions
Judges . . . . . . . . . . . . . . . . . . . . . . . . . . .
Jurisdiction . . . . . . . . . . . . . . . . . . . . . . .
Review of superior court actions . . . . . . . .
.
.
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.
.
Courts
Inferior, legislature to provide . . . . . . . . . . .
Jurisdiction and powers to be prescribed . .
Judicial power vested in specified courts . . . .
Officers to be salaried, exceptions . . . . . . .
Of record
Defined . . . . . . . . . . . . . . . . . . . . . . . . .
Judges not to practice law . . . . . . . . . . . .
Temporary performance of judicial duties . . .
(See District courts; Inferior courts; Justice
of Peace; Municipal courts; Probate courts;
Superior court; Supreme court)
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.
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.
.
4
23
4
13
4
4
4
4
4
4
1
14
Damage
To private property for public or private use
to be compensated . . . . . . . . . . . . . . . . . . . . .
1
16
Dangerous employments
Protection to persons engaged in . . . . . . . . . . . .
2
35
Death
Succession to office upon death or disability
of governor . . . . . . . . . . . . . . . . . . . . . . . . . .
3
10
Debate
Members of legislature not liable for words
spoken . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
17
5
30
30
30
30
30
30
1
12
1
13
...
...
...
4
4
4
11
19
2(a)
..
8
11
..
8
10
..
..
8
8
12
8
8
7
5
9
8
9
Debts
Corporate, fictitious increase void . . . . . . . . .
Liability of stockholders . . . . . . . . . . . . . . .
Due territory to inure to state . . . . . . . . . . . .
Imprisonment for, prohibited, exception . . . .
Municipal corporations, limitation on . . . . . .
Release by special act prohibited . . . . . . . . .
State building authority . . . . . . . . . . . . . . . .
Limitation . . . . . . . . . . . . . . . . . . . . . . . . .
State, power to contract . . . . . . . . . . . . . . . .
In case of invasion, insurrection, etc. . . . . . .
Limitation on power . . . . . . . . . . . . . . . . .
Territorial, assumed by state . . . . . . . . . . . .
(See City; County indebtedness; Indebtedness
of corporations; State indebtedness)
1
9
.......
2
1
1
1
6
1
1
4
15
14
23
3
20
25
27
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
12
12
27
1
8
2
8
8
8
8
8
26
..
.
..
..
.
.
.
.
.
.
.
.
4
4
4
4
20
2
21
18
Declaration of rights
Statement in Constitution . . . . . . . . . . . . . . . . .
1
1-32
Deeds
Validation by special law prohibited . . . . . . . . . .
2
28(9)
Defects and omissions in law
Report to governor by supreme judges . . . . . . . .
To supreme by superior judges . . . . . . . . . . . . .
4
4
25
25
Defense
Of officer removed on charges . . . . . . . . . . . . . .
Right of accused in criminal actions . . . . . . . . . .
4
1
9
22
8
7
1
8
Deposits
Bank officers liable for, when . . . . . . . . . . . . . .
Public moneys with treasurer required . . . . . . . .
12
11
12
15
Depot
Jurisdiction of public offense committed at . . . . .
1
22
Developmentally Disabled
Trust funds, investments . . . . . . . . . . . . . . . . . .
29
1
Disability
Property of person under, cannot be affected
by special laws . . . . . . . . . . . . . . . . . . . . . . .
2
28(11)
Disapproval of bills
By governor . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
12
Decisions
Superior court judge, within what time . . . .
Supreme court, in writing and grounds stated
Publication, free to anyone . . . . . . . . . . . .
Reporter for, appointment . . . . . . . . . . . . .
6
4,11
3
17
6
28(10)
9
1(g)
1-3
2
1,3
3
30
.
.
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.
.
Deficits in revenue
State may contract debts to meet . . . . . . . . . . . .
Tax may be levied to pay . . . . . . . . . . . . . . . . .
.......
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.
.
Criminal actions
Advance payment of money to secure rights of
accused prohibited . . . . . . . . . . . . . . . . . . .
Appeal, right of accused . . . . . . . . . . . . . . . .
Appearance by accused in person or counsel . .
Double jeopardy, prohibition against . . . . . . . .
Evidence, accused not required to incriminate
self . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Jurisdiction
Appellate of supreme court . . . . . . . . . . . . . .
Of offenses committed on public
conveyances . . . . . . . . . . . . . . . . . . . . . . .
Original of superior court . . . . . . . . . . . . . . .
Limitation by special act prohibited . . . . . . . .
Process, style of . . . . . . . . . . . . . . . . . . . . . .
Prosecution by information allowed . . . . . . . .
In name of state . . . . . . . . . . . . . . . . . . . . . .
On change from territorial to state
government . . . . . . . . . . . . . . . . . . . . . . . .
Rights of accused . . . . . . . . . . . . . . . . . . . . .
(See Actions; Crimes)
(2004 Ed.)
11
4
4
4
4
Port district promotional activities . . . . . . . . . . .
State building authority . . . . . . . . . . . . . . . . . . .
Crimes
Accused not required to criminate self .
Except in case of bribery or corrupt
solicitation . . . . . . . . . . . . . . . . . . .
Conviction shall not work corruption of
blood . . . . . . . . . . . . . . . . . . . . . . .
Cruel punishment prohibited . . . . . . . .
Ex post facto laws not to be passed . . .
Infamous, conviction as bar to voting . .
Persons charged with to be bailable . . .
Prosecution may be by information . . . .
In name of state . . . . . . . . . . . . . . . . .
(See Criminal actions)
Cruel punishment
Not to be inflicted . . . . . . . . . . . . . . . . . . . . . .
.
.
.
.
Credit
Agricultural promotional activities, use of
commodity assessments . . . . . . . . . . . . . . .
Energy, water, or stormwater or sewer services
loans for conservation . . . . . . . . . . . . . . . .
Of county or municipal corporations not to be
given or loaned, exceptions . . . . . . . . . . . .
Of state not to be given or loaned . . . . . . . . .
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Index
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1
1
1
1
22
22
22
9
..
1
9
..
4
4
.
.
.
.
.
.
.
.
.
.
.
.
1
4
2
4
1
4
..
..
27
1
22
6
28(17)
27
25
27
5
22
Delinquency in office
(See Corruption in office)
[Vol. 0 RCW—page 111]
Index
Constitution of the State of Washington
Initiative measure . . . . . . . . . . . . . . . . . . . . . . .
2
1
Discipline
Of state militia, legislature to prescribe . . . . . . . .
10
2
Disclaimer
State’s title to patented lands . . . . . . . . . . . . . . .
Unappropriated public and Indian lands . . . . . . .
17
26
2
2
Discrimination
By common carrier prohibited . . . . . . . . .
By telegraph and telephone companies in
handling messages prohibited . . . . . . . .
Education to be provided all children . . . .
In favor of foreign corporations, prohibited
Railroad
Prohibited from favoring one express
company . . . . . . . . . . . . . . . . . . . . . .
Prohibited from favoring one telegraph
company . . . . . . . . . . . . . . . . . . . . . .
.....
12
12
9
12
19
1
7
.....
12
21
.....
12
19
Disorderly behavior
Each house may punish for . . . . . . . . . . . . . . . .
2
9
Disqualification
On conviction for bribery or corrupt
solicitation . . . . . . . . . . . . . . . . . . . . . . . . . .
On impeachment . . . . . . . . . . . . . . . . . . . . . . .
2
5
30
2
4
6
27
8
......
11
5
.
.
.
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.
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.
.
.
.
.
.
6
11
6
1
11
27
8
5
8
33,34
6
14
......
27
14
Ditches
Taking of private property for . . . . . . . . . . . . . .
1
16
Divorce
Jurisdiction of superior court . . . . . . . . . . . . . . .
Legislature not to grant . . . . . . . . . . . . . . . . . . .
(See Annulment of marriage)
4
2
6
24
District courts
Equity jurisdiction . . . . . . . . . . . . . . . . . . . . . .
Transfer of causes from territorial to
superior court . . . . . . . . . . . . . . . . . . . . . . . .
District officers
Duties, term, compensation, legislature to
prescribe . . . . . . . . . . . . . . . . . . . . . .
Election
Biennial . . . . . . . . . . . . . . . . . . . . . .
Legislature to provide for . . . . . . . . . .
Time of . . . . . . . . . . . . . . . . . . . . . .
Recall of . . . . . . . . . . . . . . . . . . . . . . .
Road district, vacancy . . . . . . . . . . . . . .
Territorial, to hold office until when . . . .
Official bonds unaffected by change in
government . . . . . . . . . . . . . . . . . . . .
9
9
9
1
1
3
Effective date
Of bills, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of Constitution . . . . . . . . . . . . . . . . . . . . . . . .
2
27
41
16
...
...
6
1
6
19
...
...
...
23
23
23
1
2
3
...
27
15
...
...
...
27
11
11
12
4
2
...
6
3
...
...
3
27
1
15
.
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.
27
1
11
8
13
19
10
6
.
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.
.
4
4
4
2
30
5,29
3
27
.
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.
2
2
2
1
8
4,5
6
19
.
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.
.
.
.
.
.
27
27
6
6
11
7
1A
5
...
6
7
...
...
...
6
14
6
2
1
6
15,18
.....
.....
.....
Education
No distinction on account of race, color
or sex . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provision for, to be made by state . . . . . . . . . . .
Sale of lands for purposes of . . . . . . . . . . . . . . .
(See Common schools; Public schools)
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Docks
Legislature may authorize lease of harbor
areas, limitations . . . . . . . . . . . . . . . . . . . . . .
(See Area reserved; Harbors)
15
2
Double jeopardy
Prohibition against . . . . . . . . . . . . . . . . . . . . . .
1
9
Drains
Taking of private property for . . . . . . . . . . . . . .
1
16
Drugs and medicines
Legislature to regulate sale . . . . . . . . . . . . . . . .
20
2
Due process of law
Life, liberty, property not to be taken
without . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
3
Earnings
Combinations by common carriers to share,
prohibited (Repealed by Amendment 67) . . . .
12
Elections
Ballot required, form . . . . . . . . . . . . . . . . .
Civil interference prohibited . . . . . . . . . . . .
Constitution
Amendment of, submission to vote . . . . . .
Calling convention to revise . . . . . . . . . . .
Revision, submission of instrument . . . . . .
Vote on adoption of first, under
territorial laws . . . . . . . . . . . . . . . . . . . .
Contest for office of superior judge
(first election) . . . . . . . . . . . . . . . . . . . . .
County home-rule charter . . . . . . . . . . . . . .
County seat, removal of . . . . . . . . . . . . . . .
Criminals, insane persons, idiots excluded
from elective franchise . . . . . . . . . . . . . . .
Electors (See Electors)
Executive officers, elections of . . . . . . . . . . .
First election according to territorial laws . . .
Of representative to congress (Repealed by
Amendment 74) . . . . . . . . . . . . . . . . . . .
Free, equal and undisturbed . . . . . . . . . . . . .
Freeholders to frame city charter . . . . . . . . .
Increasing municipal indebtedness . . . . . . . .
Initiative measures (See Initiative and
referendum)
Judges
Of court of appeals . . . . . . . . . . . . . . . . .
Of superior court . . . . . . . . . . . . . . . . . . .
Of supreme court . . . . . . . . . . . . . . . . . .
Legislative, to be viva voce . . . . . . . . . . . . .
Legislature
Each house judge of its own . . . . . . . . . . .
Representatives . . . . . . . . . . . . . . . . . . . .
Senators . . . . . . . . . . . . . . . . . . . . . . . . .
Military interference prohibited . . . . . . . . . .
Officers
Not regulated by Constitution, legislature to
provide for . . . . . . . . . . . . . . . . . . . . . .
Under Constitution, time of first . . . . . . . .
Presidential elections, voter’s residence . . . . .
Privilege of voters from arrest at . . . . . . . . .
Qualifications of voters (See Voters)
Recall of officers (See Recall of officers)
Referendum (See Initiative and referendum)
Registration law to be enacted . . . . . . . . . . .
School, women may be accorded franchise
(Stricken by Amendment 5) . . . . . . . . . . .
Seat of government, determination . . . . . . . .
Secrecy of ballot required . . . . . . . . . . . . . .
State officers, executive
Certificates of election to be given . . . . . .
Contests, legislature to decide . . . . . . . . . .
Equal vote, legislature to choose . . . . . . . .
Returns to secretary of state . . . . . . . . . . .
Declaration of result . . . . . . . . . . . . . . . .
Supreme court judges . . . . . . . . . . . . . . . . .
Superior court judges . . . . . . . . . . . . . . . . .
Time of, for state, county and district
officers . . . . . . . . . . . . . . . . . . . . . . . . . .
Vacancy in office of governor, election to
fill . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Voter qualifications . . . . . . . . . . . . . . . . . .
(See Vote; Voter)
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3
3
3
3
3
4
4
4
4
4
4
4
3
5,29
...
6
8
...
...
3
6
10
1
14
[Vol. 0 RCW—page 112]
(2004 Ed.)
Index to State Constitution
Elective franchise
Denial on account of sex prohibited in school
elections (Stricken by Amendment 5) . . . . . . .
Idiots, insane persons and convicted felons
excluded from . . . . . . . . . . . . . . . . . . . . . . . .
Presidential elections, voter’s residence . . . . . . . .
(See Elections; Electors; Voter)
Electors
Exempt from military duty, when . . . .
Privilege from arrest at election, except
Qualifications of voters (See Voter)
Residence not lost in certain cases . . .
Secrecy in voting, legislature to secure
Eligibility
Judges of supreme and superior courts,
qualifications . . . . . . . . . . . . . . . .
Ineligible to other than judicial offices
Members of legislature
Ineligible to offices created by them . .
Qualifications . . . . . . . . . . . . . . . . . .
State officers, qualifications . . . . . . . .
Voters (See Elections; Voter)
6
2
6
6
3
1A
........
.......
6
6
........
........
6
6
27
12
......
......
......
1
2
1
9
30
27
5
5
Excessive bail and fines
Not to be imposed . . . . . . . . . . . . . . . . . . . . . .
1
14
4
6
Exclusive legislation
Congress has over certain lands of United
States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to state’s right to serve process . . . . . . . .
Over unallotted Indian lands . . . . . . . . . . . . . . .
25
25
26
1
1
2
Exclusive privileges
Of unorganized corporations, invalid, when . . . . .
Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
1
2
12
Excursion and commutation tickets
Carrier may grant special rates . . . . . . . . . . . . . .
12
15
Execution
Private property not to be taken for public
debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rolling stock of railroad liable to . . . . . . . . . . . .
11
12
13
17
Executive department
Consists of certain officers . . . . . . . . . . . . . . . .
Election of officers of . . . . . . . . . . . . . . . . . . . .
Records of to be kept by secretary of state . . . . .
3
3
3
1
1
17
Executive power
Supreme, vested in governor . . . . . . . . . . . . . . .
(See Governor)
3
2
.
.
.
.
.
.
19
10
7
26
26
7
1
6
1
2
2
10
4
4
17
15
........
........
........
2
2
3
13
7
25
2
1(b)
Emergency, national
(See Invasion and attack)
Eminent domain
Compensation required . . . . . . . . . . . . . . . .
Corporate property and franchises subject to .
Judicial question, use for which property
taken is . . . . . . . . . . . . . . . . . . . . . . . . .
Jury to ascertain compensation, waiver . . . . .
Private use, taking of property for prohibited,
exceptions . . . . . . . . . . . . . . . . . . . . . . .
Reclamation of land is public use . . . . . . . . .
Rights-of-way to be compensated for . . . . . .
Settlement of land is public use . . . . . . . . . .
Telegraph and telephone companies granted
right . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ways of necessity, taking of private property
for private use . . . . . . . . . . . . . . . . . . . . .
Evidence
Contested election (first election) for
superior judge, manner of taking . . . . .
Criminating, person not compelled to give
against himself . . . . . . . . . . . . . . . . .
Except in bribery cases . . . . . . . . . . . . .
Treason, what necessary for conviction . .
(See Testimony)
......
........
........
Emergency clause
Act non-referrable . . . . . . . . . . . . . . . . . . . . . .
Index
...
...
1
12
16
10
...
...
1
1
16
16
.
.
.
.
.
.
.
.
1
1
1
1
16
16
16
16
...
12
19
...
1
16
Exemptions
Homestead, from forced sale . . . . . . .
Military duty, to whom . . . . . . . . . . .
Taxation, what property free from . . .
Indian lands exempt, when . . . . . . .
Lands and property of United States
Retired persons . . . . . . . . . . . . . . .
Emoluments, privileges and powers
Hereditary, prohibited . . . . . . . . . . . . . . . . . . . .
1
28
Existing rights
Change in government not to affect . . . . . . . . . .
27
1
Employments dangerous to life
Legislature to protect persons in . . . . . . . . . . . . .
2
35
Expenses
Constitutional convention to be provided for . . . .
State may contract debts to meet . . . . . . . . . . . .
27
8
19
1
Enacting clause
Of statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Initiated acts . . . . . . . . . . . . . . . . . . . . . . . . . .
2
2
18
1(d)
Ex post facto law
Passage prohibited . . . . . . . . . . . . . . . . . . . . . .
1
23
Enemy attack, emergency due to
(See Invasion and attack)
Express companies
Railroads to grant equal terms to all . . . . . . . . . .
12
21
Energy, water, or stormwater or sewer
services conservation
Loaning of credit for structures or equipment . . .
8
10
Expulsion of members
Powers of each house . . . . . . . . . . . . . . . . . . . .
Restrictions on . . . . . . . . . . . . . . . . . . . . . . . . .
2
2
9
9
Enumeration of rights
Not to deny others reserved . . . . . . . . . . . . . . . .
1
30
Extension of time for collection of taxes
Special legislation prohibited . . . . . . . . . . . . . . .
2
28(5)
Equal rights
Not to be denied because of sex . . . . . . . . . . . . .
31
1,2
Extinguishment of debts
Special legislation prohibited . . . . . . . . . . . . . . .
2
28(10)
1
Extra compensation
Prohibited to public officers, etc. . . . . . . . . . . . .
2
25
Extra session
Legislature, when to be convened . . . . . . . . . . . .
3
7
Equal suffrage
.
.
.
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Equity
Appellate jurisdiction of supreme court . . . . . . . .
Original jurisdiction of superior court . . . . . . . . .
(2004 Ed.)
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4
4
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[Vol. 0 RCW—page 113]
Index
Constitution of the State of Washington
Factories
Employees to be protected . . . . . . . . . . . . . . . . .
2
35
Farms
Taxation based on actual use . . . . . . . . . . . . . . .
7
11
Federal officers
Not eligible to legislature . . . . . . . . . . . . . . . . .
2
14
Fares and freights (See Railroad companies)
Fees
Accountability of county and local officers
for . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accused in criminal cases as required to
advance . . . . . . . . . . . . . . . . . . . . . . .
Certain used exclusively for highway
purposes . . . . . . . . . . . . . . . . . . . . . . .
Judicial officers prohibited from receiving .
Justices of the peace not to receive, when .
Forfeiture not to be remitted . . . . . . . . .
Invalid, if unorganized, when . . . . . . . . .
Irrevocable grant prohibited . . . . . . . . . .
Liability not relieved by lease, etc. . . . . .
Subject to eminent domain . . . . . . . . . .
Taxation, state not to surrender (Stricken
by Amendment 14) . . . . . . . . . . . . . .
(See Corporations; Elections)
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12
12
1
12
12
3
2
8
8
10
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7
4
Freedom of conscience
Guaranteed in matters of religious belief . . . . . . .
(See Religion)
1
11
1
2
5
17
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11
5
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1
22
Freedom of speech and press
Guaranteed to every person . . . . . . . . . . . . . . . .
Legislators not liable for words in debate . . . . . .
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2
4
4
40
13
10
Free passes
Grant of, to state officers prohibited . . . . . . . . . .
Public officers forbidden to accept . . . . . . . . . . .
12
2
20
39
Felony
Original jurisdiction of superior court . . . . . . . . .
Use of public money by officer . . . . . . . . . . . . .
4
11
6
14
Freight rates
Regulation by legislature authorized . . . . . . . . . .
12
18
Fundamental principles
Frequent recurrence to, essential . . . . . . . . . . . . .
1
32
Ferries
Authorization by special legislation
forbidden . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
28(3)
Fictitious issue
Of stock or indebtedness void . . . . . . . . . . . . . .
12
6
Fines
Accrued to territory inure to state . . . .
Excessive, not to be imposed . . . . . . .
Governor has power to remit . . . . . . .
Must report remissions to legislature
Remission by special act prohibited . .
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27
1
3
3
2
Fiscal statement
Annual publication required . . . . . . . . . . . . . . . .
7
7
Flumes
Taking of private property for . . . . . . . . . . . . . .
1
16
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3
14
11
11
28(14)
Forcible entry and detainer
Appellate jurisdiction of supreme court . . . . . . . .
Original jurisdiction of superior court . . . . . . . . .
4
4
4
6
Foreign corporations
Not to be favored . . . . . . . . . . . . . . . . . . . . . . .
12
7
Foreign officers
Not eligible to legislature . . . . . . . . . . . . . . . . .
2
14
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27
12
1
3
3
15
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12
3
3
4
2
22
11
11
8
28(14)
Forts, dockyards, etc.
Congress to have exclusive control . . . . . . . . . . .
25
1
Forty mill limitation
(Stricken by Amendment 14) . . . . . . . . . . . . . . .
7
2
12
12
12
12
8
1
3
22
Forfeiture
Accrued to territory inures to state . . . . . . .
Corporate charter or franchise, no remission
Estate, conviction not to work . . . . . . . . . .
Franchise, for combination in restraint of
trade . . . . . . . . . . . . . . . . . . . . . . . . . .
Governor has power to remit . . . . . . . . . . .
Must report remissions to legislature . . . .
Judicial office, absence causes . . . . . . . . . .
Remission by special act prohibited . . . . . .
Franchise
Alienation or lease not to relieve liability . .
Corporate, creation by special act forbidden
Extension by legislature prohibited . . . . . . .
Forfeiture for unlawful combinations . . . . .
[Vol. 0 RCW—page 114]
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Funds (See Appropriations; Common school construction
fund; Common school fund; Highway fund;
Industrial insurance trust fund; Public money;
School fund)
Government
Change of
Completion of pending actions . . . . . .
Continuance of existing laws and rights
Emergency, continuance of government,
legislative power . . . . . . . . . . . . . . . .
Perpetuity of, what essential . . . . . . . . .
Purposes of . . . . . . . . . . . . . . . . . . . . .
Source of powers . . . . . . . . . . . . . . . . .
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Governor
Appointment of regents, etc., of state
institutions . . . . . . . . . . . . . . . . . . . . . . .
Approval of laws . . . . . . . . . . . . . . . . . . . .
Assignment of superior judge to other county
Attorney general, succession to governorship .
Auditor, succession to governorship . . . . . . .
Commander-in-chief of state militia . . . . . . .
Commissioner of public lands, succession to
governorship . . . . . . . . . . . . . . . . . . . . . .
Commissions issued by state, signed by . . . .
Election of . . . . . . . . . . . . . . . . . . . . . . . . .
Election to fill vacancy in office . . . . . . . . .
Execution of laws . . . . . . . . . . . . . . . . . . . .
Extension of leave of absence of judicial
officer . . . . . . . . . . . . . . . . . . . . . . . . . .
Extra session of legislature, power to convene
Failure of person regularly elected to qualify,
succession on . . . . . . . . . . . . . . . . . . . . .
Impeachment . . . . . . . . . . . . . . . . . . . . . . .
Information in writing may be required from
state officers . . . . . . . . . . . . . . . . . . . . . .
Laws, may call militia to execute . . . . . . . . .
Lieutenant governor, succession of to office .
Messages to legislature . . . . . . . . . . . . . . . .
Militia officers commissioned by . . . . . . . . .
Pardoning power vested in . . . . . . . . . . . . . .
Report to legislature of pardons, etc.,
granted . . . . . . . . . . . . . . . . . . . . . . . . .
Restrictions prescribed by law . . . . . . . . .
Records kept at seat of government . . . . . . .
Remission of fines and forfeitures . . . . . . . .
Report to legislature with reasons . . . . . . .
Removal or disability, who to act . . . . . . . . .
Residence at seat of government . . . . . . . . .
27
27
5,8
1,2
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2
1
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42
32
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13
3
4
3
3
3
1
12
5,7
10
10
8
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3
3
3
3
3
10
15
1
10
5
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4
3
8
7
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3
5
10
1,2
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3
10
3
3
10
3
5
2
10
6
2
9
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3
3
3
3
3
3
3
11
9
24
11
11
10
24
(2004 Ed.)
Index to State Constitution
Salary (See Salaries)
Secretary of state as succeeding to office
Special session of legislature, power to
convene . . . . . . . . . . . . . . . . . . . . . .
Succession in case of vacancy . . . . . . . .
Superintendent of public instruction,
succession to governorship . . . . . . . . .
Supreme executive power vested in . . . .
Term of office . . . . . . . . . . . . . . . . . . .
Treasurer, succession to governorship . . .
Vacancies
In certain state offices, filled by . . . . . . .
In legislature, filled by, when . . . . . . . . .
In superior court, filled by . . . . . . . . . . .
In supreme court, filled by . . . . . . . . . .
Vacancy in office of . . . . . . . . . . . . . . .
Succession, enemy attack . . . . . . . . . . .
Veto of bill or sections and return with
objections . . . . . . . . . . . . . . . . . . . . .
Measures initiated by or referred to the
people . . . . . . . . . . . . . . . . . . . . . . .
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3
10
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2
3
12
10
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3
3
3
3
10
2
2
10
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3
2
4
4
3
2
13
15
5
3
10
42
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3
12
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2
Grand jury
Summoned only on order of superior court . . . . .
Granted lands
Sale of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(See Lands; Public lands)
Habeas corpus
Jurisdiction
Original and appellate of supreme court .
Original of superior court . . . . . . . . . . .
Suspension of writ prohibited, except . . . .
Writs
Issuance and service on nonjudicial days
Judges of supreme court may issue . . . .
Returnable before whom . . . . . . . . . . .
1
16
1(d)
26
1-4
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4
4
1
4
6
13
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4
4
4
6
4
4
15
15
1
1
15
1
Harbors
Area to be reserved for landings, etc. . . . . . . . . .
Commission to establish harbor lines . . . . . . . . .
Restrictions on sale by state of lands or
rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(See Area reserved; Docks; Wharves)
Head of family
Power of legislature to exempt property of
from taxation . . . . . . . . . . . . . . . . . . . . . . . .
Index
Home-rule charter
Counties authorized to frame . . . . . . . . . . . . . . .
For combined city-county . . . . . . . . . . . . . . . . .
11
11
4
16
Homestead
Exemption from forced sale . . . . . . . . . . . . . . . .
19
1
House of representatives
Elections, biennial after 1890 . . . . . .
Legislative authority vested in . . . . .
Members, how and when chosen . . .
Number of representatives . . . . . . . .
Powers
Impeachment, sole power vested in
Legislative, vested in . . . . . . . . . .
Quorum of house . . . . . . . . . . . . . .
Redistricting . . . . . . . . . . . . . . . . .
Vacancy, how filled . . . . . . . . . . . .
(See Legislature; Representatives)
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2
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5
2
2
2
2
1
1
8
43
15
Immigration
Bureau of, established . . . . . . . . . . . . . . . . . . . .
2
34
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6
1
1
1
5
12
17
8
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16
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16
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16
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28
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10
5
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1
1
1
31
12
9
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5
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5
5
5
5
2
2
1
1
Immunities
Electors privileged from arrest at elections . . .
Equal to all citizens and corporations . . . . . . .
Imprisonment for debt prohibited, except . . . .
Irrevocable grant of, prohibited . . . . . . . . . . .
Loss or damage to property prohibited without
just compensation . . . . . . . . . . . . . . . . . . .
Members of legislature
Privileged from arrest, exceptions . . . . . . . .
Privileged from service of civil process,
when . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Salaries for legislators, elected state
officials, and judges, referendum petition . .
Militia privileged from arrest at muster,
except . . . . . . . . . . . . . . . . . . . . . . . . . . .
Soldiers not to be quartered in homes,
except . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special grant of, prohibited . . . . . . . . . . . . . .
Twice in jeopardy, accused not to be put . . . .
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Impeachment
House of representatives has sole power . . . . . .
Officers liable to . . . . . . . . . . . . . . . . . . . . . .
Judgment effects removal and disqualification
for office . . . . . . . . . . . . . . . . . . . . . . . . . .
Liability to criminal prosecution . . . . . . . . . .
Trial by senate . . . . . . . . . . . . . . . . . . . . . . . .
Chief justice presides, when . . . . . . . . . . . . .
(See Recall of officers)
5
1
4,5
2
7
1
Heir at law
Not to be determined by special law . . . . . . . . . .
2
28(1)
Imposts
Appellate jurisdiction of supreme court . . . . . . . .
Original jurisdiction of superior court . . . . . . . . .
4
4
4
6
High crimes or misdemeanors
Impeachment of public officers for . . . . . . . . . . .
5
2
Imprisonment for debt
Prohibited, except in case of absconding debtors .
1
17
Incompetency in office
Officers removable by legislature for,
conditions . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
9
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12
12
12
6
4
11
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12
2
8
28(10)
Indian lands
Disclaimed by state of title . . . . . . . . . . . . . . . .
Subject to jurisdiction of United States . . . . . . . .
26
26
Health
(See Public health)
High schools
Included in public school system . . . . . . . . . . . .
9
2
Highway fund . . . . . . . . . . . . . . . . . . . . . . . . . .
2
40
Highways
Opening or altering by special legislation
prohibited, exceptions . . . . . . . . . . . . . . . . . .
(See Streets and roads)
2
28(2)
Holiday
(See Legal holiday)
Home
Privacy of, guaranteed . . . . . . . . . . . . . . . . . . . .
Soldiers not to be quartered in, except . . . . . . . .
(2004 Ed.)
1
1
7
31
Indebtedness of corporations
Fictitious increase void . . . . . . . . . . . . . . . . .
Liability of stockholders . . . . . . . . . . . . . . . .
In bank, insurance and joint stock companies
Relief from
By lease or alienation of franchise
prohibited . . . . . . . . . . . . . . . . . . . . . . . .
By special legislation prohibited . . . . . . . . .
(See Corporations)
2
2
[Vol. 0 RCW—page 115]
Index
Constitution of the State of Washington
Taxation of, when state may impose . . . . . . . . . .
Exemption from . . . . . . . . . . . . . . . . . . . . . .
26
26
2
2
Indians
Exempt from property taxation, when . . . . . . . . .
Excluded from enumeration of inhabitants
(Repealed by Amendment 74) . . . . . . . . . . . . .
26
2
2
3
Indictment
Prosecutions of offenses by . . . . . . . . . . . . . . . .
Right of accused to copy of . . . . . . . . . . . . . . . .
1
1
25
22
1
1
1
32
Individual security
Private affairs not to be disturbed . . . . . . . . . . . .
1
7
Industrial development
Nonrecourse revenue bonds . . . . . . . . . . . . . . . .
Port districts . . . . . . . . . . . . . . . . . . . . . . . . . .
32
8
1
8
Industrial insurance trust fund
Investments of . . . . . . . . . . . . . . . . . . . . . . . . .
29
1
6
3
Infants (See Children; Minors)
Inferior courts
Appeal lies to superior court . . . .
Jurisdiction and powers, legislature
prescribe . . . . . . . . . . . . . . . . .
Legislature to provide . . . . . . . . .
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to
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4
6
4
4
12
1
Information
Offenses may be prosecuted by . . . . . . . . . . . . .
1
25
Initiative and referendum
Amendment of acts approved by the people
(Superseded by Amendment 26) . . . . . . . . . .
(Amendment 26) . . . . . . . . . . . . . . . . . . . . .
Amendment of measure submitted to
legislature . . . . . . . . . . . . . . . . . . . . . . . . . .
Ballot where conflicting measures are submitted
to the people . . . . . . . . . . . . . . . . . . . . . . . .
Certification of petitions . . . . . . . . . . . . . . . . .
Change or amendment of initiative measure,
prohibition against (Superseded by
Amendment 26) . . . . . . . . . . . . . . . . . . . . .
(Amendment 26) . . . . . . . . . . . . . . . . . . . . .
Conflicting measures . . . . . . . . . . . . . . . . . . . .
Effective date of acts or bills subject to
referendum (Superseded by Amendment 26) .
(Amendment 26) . . . . . . . . . . . . . . . . . . . . . .
Effective date of measure after approval on
submission to the people . . . . . . . . . . . . . . .
Election at which proposed measure is
submitted to voter . . . . . . . . . . . . . . . . . . . .
Election for amendment or repeal of bills
approved by electors (Superseded by
Amendment 26) . . . . . . . . . . . . . . . . . . . . .
(Amendment 26) . . . . . . . . . . . . . . . . . . . . .
Exceptions from power of referendum . . . . . . .
Extent of power of referendum . . . . . . . . . . . .
Filing petition . . . . . . . . . . . . . . . . . . . . . . . .
Legislature, referendum through action of . . . . .
Lotteries, sixty percent vote required . . . . . . . .
Majority vote as required for approval of
measure submitted . . . . . . . . . . . . . . . . . . . .
Member of legislature as retaining right to
introduce measure . . . . . . . . . . . . . . . . . . . .
Number of votes required to approve measure . .
[Vol. 0 RCW—page 116]
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2
1(d)
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2
1(b)
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2
2
2
2
2
1(a)
1(b)
1(d)
1(a)
1(d)
Petition to propose measures . . . . . . . . . . . . . . .
Individual rights
Government to protect and maintain . . . . . . . . . .
Secured by recurrence to fundamental
principles . . . . . . . . . . . . . . . . . . . . . . . . . . .
Infamous crimes
Persons convicted of, excluded from elective
franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part of bill, effect of filing referendum
petition against . . . . . . . . . . . . . . . . . . .
Percentage of voters required on referendum
petition . . . . . . . . . . . . . . . . . . . . . . . . .
Percentage of voters required to propose
measures by petition . . . . . . . . . . . . . . .
Petition, referendum on . . . . . . . . . . . . . . .
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2
2
1(c)
41
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2
1(a)
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2
1(a)
1(a)
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2
2
1(c)
41
1(a)
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2
2
1(c)
41
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2
2
1(a)
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2
2
2
2
2
2
2
1(c)
41
1(b)
1(b)
1(a)
1(b)
24
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2
1(d)
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2
2
Injunction
Issuance and service on nonjudicial days . . . . .
Equity jurisdiction of superior and district court
Original jurisdiction of superior court . . . . . . .
Insane person
Excluded from elective franchise . . . . . . . . . .
1(a)
1(a)
1(e)
1(d)
1(a)
1(c)
41
1(a)
1
1(b)
1
1(a)
1(d)
1(a)
1(d)
1(a)
1(d)
3
1(d)
1(d)
1(d)
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..
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4
4
4
6
6
6
..
6
3
Insolvency
Appellate jurisdiction of supreme court . . . . . . . .
Original jurisdiction of superior court . . . . . . . . .
Receipt of bank deposits, liability of officers . . . .
4
4
12
4
6
12
Instruments
Validation by special act prohibited . . . . . . . . . .
2
Insurance companies
Liability of stockholders . . . . . . . . . . . . . . . . . .
12
11
......
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9
8
3
1
......
......
2
2
30
28(13)
Invalid instruments
Validation by special act prohibited . . . . . . . . . .
2
28(9)
1(d)
.
Precedence of initiative measures over other
bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Proposal of different measure by legislature . . . .
2
Publication of measures referred to the
people . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Regular election, reference of measures at . . . . . .
2
Rejection of initiative measure by
legislature . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Repeal of bill approved (Superseded by
Amendment 26) . . . . . . . . . . . . . . . . . . . . . .
2
(Amendment 26) . . . . . . . . . . . . . . . . . . . . . . .
2
Reservation by the people of the power of
initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Reservation of power in the people . . . . . . . . . . .
2
Reservation of power of referendum . . . . . . . . . .
2
Salaries for legislators, elected state
officials, and judges, referendum petition . . . . . 28
Secretary of state, certification of results
of initiative to legislature . . . . . . . . . . . . . . . .
2
Secretary of state, filing referendum
petition with . . . . . . . . . . . . . . . . . . . . . . . . .
2
Secretary of state, initiative petition filed
with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Self-executing, amendment as . . . . . . . . . . . . . .
2
Signatures required . . . . . . . . . . . . . . . . . . . . . .
2
Special election, reference of measures to
people at . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Special indebtedness, how authorized . . . . . . . . .
8
Style of bill proposed by initiative
petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Time for filing referendum petition against
measure passed by legislature . . . . . . . . . . . . .
2
Veto power of governor not extended to initiatives or
referendums to measures initiated by or referred to
the people . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
1(d)
1(d)
Interest
Application of school fund interest . . . . .
On certain state debts to be provided for .
Private interest in bills to be disclosed by
legislators . . . . . . . . . . . . . . . . . . . . .
Regulation by special law prohibited . . .
28(9)
Intoxicating liquors (See Prohibition)
(2004 Ed.)
Index to State Constitution
Invasion and attack
Government continuity, legislative authority . . . .
State may contract debts above limit to
repel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Suspension of habeas corpus allowed . . . . . . . . .
2
42
8
1
2
13
29
29
9
16
1
1
3
5
Irrigation
Use of waters for, deemed public use . . . . . . . . .
21
1
Jeopardy
No person to be twice put in for same offense . . .
1
9
Joint senatorial or representative district
Filling of vacancy . . . . . . . . . . . . . . . . . . . . . . .
2
15
Joint stock companies
Combinations in restraint of trade forbidden . . . .
Liability of stockholders . . . . . . . . . . . . . . . . . .
Term "corporation" includes . . . . . . . . . . . . . . .
12
12
12
22
11
5
...
2
11
...
2
21
...
2
36
...
...
13
2
1
22
...
...
2
23
31
1
...
2
11
...
...
2
4
27
9
Judge pro tempore
In superior court, provision for . . . . . . . . . . . . . .
Temporary judicial duties in supreme court . . . . .
4
4
Investment
Industrial insurance trust fund . . . . . . . . . . . . . .
Public pension and retirement funds . . . . . . . . . .
School funds . . . . . . . . . . . . . . . . . . . . . . . . . .
Journal
Each house to keep . . . . . . . . . . . . . . . . . . .
Entry of ayes and noes
On demand of one-sixth . . . . . . . . . . . . . .
On introduction of bills later than ten
days before close of session . . . . . . . . . .
On nominations of officers for state
institutions . . . . . . . . . . . . . . . . . . . . . . .
On passage of bill . . . . . . . . . . . . . . . . . .
On passage of emergency clause (Stricken
by Amendment 7) . . . . . . . . . . . . . . . . .
On proposed constitutional amendments . . .
Publication of, except portions requiring
secrecy . . . . . . . . . . . . . . . . . . . . . . . . . .
Votes
On elections by legislature entered . . . . . .
On removal of judges, etc., entered . . . . . .
Judges
Absence from state vacates office . . . . . . . .
Except where governor extends leave of
absence . . . . . . . . . . . . . . . . . . . . . . . .
Not to charge juries as to matters of fact . . .
But to declare the law . . . . . . . . . . . . . .
Practice of law prohibited . . . . . . . . . . . . .
Removal by supreme court . . . . . . . . . . . .
Removal from office by legislature . . . . . . .
Retirement . . . . . . . . . . . . . . . . . . . . . . . .
Retirement by supreme court . . . . . . . . . . .
Salaries may be increased . . . . . . . . . . . . .
Salaries payable quarterly . . . . . . . . . . . . .
(See Judges of court of appeals; Judges pro
tempore; Judges of superior court; Judges
of supreme court)
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Judges of court of appeals . . . . . . . . . . . . . . . . .
Judges of superior court
Court commissioners, appointment of . . .
Decisions within ninety days after
submission . . . . . . . . . . . . . . . . . . . .
Disqualified unless admitted to practice in
state . . . . . . . . . . . . . . . . . . . . . . . . .
Each judge invested with powers of all . .
May sit in any county . . . . . . . . . . . .
Elections of . . . . . . . . . . . . . . . . . . . . .
First election . . . . . . . . . . . . . . . . . . .
(2004 Ed.)
2(a),7
2(a)
Index
Ineligible to other than judicial office . . . . . . .
Not to charge juries as to matters of fact . . . . .
But to declare the law . . . . . . . . . . . . . . . .
Oath of office prescribed for . . . . . . . . . . . . .
Other superior court, duties in . . . . . . . . . . . .
Practice of law prohibited . . . . . . . . . . . . . . .
Pro tempore judge . . . . . . . . . . . . . . . . . . . .
Recall, judges not subject to . . . . . . . . . . . . .
Removal by supreme court . . . . . . . . . . . . . .
Report defects in law to supreme court . . . . . .
Retirement . . . . . . . . . . . . . . . . . . . . . . . . . .
Rules of court, shall establish . . . . . . . . . . . .
Salaries (See Salaries)
Apportionment of . . . . . . . . . . . . . . . . . . .
Increase in salary . . . . . . . . . . . . . . . . . . .
Sessions of court may be held in any county
on request . . . . . . . . . . . . . . . . . . . . . . . . .
Supreme court duty, performance upon request
Term of office and when begins . . . . . . . . . . .
Temporary judicial duties . . . . . . . . . . . . . . .
Writs may be issued by . . . . . . . . . . . . . . . . .
(See Judges; Superior court)
Judges of supreme court
Chief justice, how determined . . . . . . . . .
Clerk to be appointed by . . . . . . . . . . . . .
Disqualified, unless admitted to practice in
state . . . . . . . . . . . . . . . . . . . . . . . . . .
Election of . . . . . . . . . . . . . . . . . . . . . . .
Ineligible to other than judicial office . . . .
Issuance of writs authorized . . . . . . . . . . .
Oath of office prescribed . . . . . . . . . . . . .
Practice of law prohibited . . . . . . . . . . . .
Recall, judges not subject to . . . . . . . . . .
Removal by supreme court . . . . . . . . . . .
Reporter, appointment of . . . . . . . . . . . . .
Reports of defects in laws to governor . . .
Retirement . . . . . . . . . . . . . . . . . . . . . . .
Salaries (See Salaries)
Increase in salary . . . . . . . . . . . . . . . .
Payment . . . . . . . . . . . . . . . . . . . . . . .
Temporary judicial duties, power to
authorize . . . . . . . . . . . . . . . . . . . . . .
Term of office . . . . . . . . . . . . . . . . . . . .
Vacancies, how filled . . . . . . . . . . . . . . .
(See Judges; Supreme court)
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4
4
4
4
4
4
4
1
4
4
4
4
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4
30
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4
4
4
4
4
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4
4
3
22
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4
4
4
4
4
4
1
4
4
4
4
17
3
15
4
28
19
33,34
31
18
25
3(a)
.....
.....
30
4
.....
.....
.....
4
4
4
Judgment
Belonging to territory inures to state . . . . . .
Extent of, on impeachment . . . . . . . . . . . .
Of one judge of superior court to be of same
force as of all . . . . . . . . . . . . . . . . . . . .
Of superior court to be given within ninety
days after submission, except . . . . . . . . .
5
....
4
20
Judicial administration
Must be open and without delay . . . . . . . . . . . . .
Temporary performance of judicial duties . . . . . .
1
4
10
2(a)
Judicial conduct, commission on . . . . . . . . . . . . .
4
31
....
4
2
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4
4
4
4
2
21
21
18
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4
4
5
4
1
8
13
2
28
33,34
30
Judicial officers
Absence forfeits office, when . . . . . . . .
Compensation by fees prohibited, except
Impeachment, liable to, exceptions . . . .
Oath of office prescribed . . . . . . . . . . .
Recall, not subject to . . . . . . . . . . . . .
4
2(a)
3
3
4
Judicial decisions
Of Supreme court
All decisions to be in writing and grounds
stated . . . . . . . . . . . . . . . . . . . . . . . . .
Concurrence by majority of court
necessary . . . . . . . . . . . . . . . . . . . . . . .
Publication required . . . . . . . . . . . . . . . .
Free to anyone . . . . . . . . . . . . . . . . . . .
Reporter for, to be appointed . . . . . . . . .
......
1
13
....
8
16
16
19
31
9
3(a)
31
1
14
23
7
2(a)
5
2(a)
6
4
2
4
4
4
4
4
4
4
4
30
4
4
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13
1
27
5
8
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15
16
16
28
2(a)
19
2(a),7
33,34
31
25
3(a)
24
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4
4
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4
4
4
4
27
17
5
5
5,29
12
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[Vol. 0 RCW—page 117]
Index
Constitution of the State of Washington
Removal by legislature . . . . . . . . . . . . . . . . . . .
Removal by supreme court . . . . . . . . . . . . . . . .
(See Court commissioners; Judges; Judges of
supreme and superior courts; Justice of
peace)
4
4
9
31
4
1
Judicial qualifications commission
(See Commission on judicial conduct)
Judicial question
Public use in eminent domain . . . . . . . . . . . . . .
1
16
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4
4
4
4
4
1
4
4
25
30
6
12
10
10
22
6
4
1
Juror
Number necessary for verdict . . . . . . . . . . . . . . .
Religious beliefs not grounds of
incompetency . . . . . . . . . . . . . . . . . . . . . . . .
1
21
1
11
Jurisdiction
Court of appeals . . . . . . . . . . . . . . . . . . . . .
Equity . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inferior courts, legislature to prescribe . . . . .
Justice of peace, as legislature may fix . . . . .
Not to trench on courts of record . . . . . . .
Of offenses committed on public conveyances
Superior court . . . . . . . . . . . . . . . . . . . . . .
Supreme court . . . . . . . . . . . . . . . . . . . . . .
United States over reserved lands . . . . . . . . .
(See Criminal action)
Jury
Charging, duty of judge . . . . . . . . . . . . . . .
Criminal action, right of accused in . . . . . . .
Eminent domain proceedings . . . . . . . . . . . .
Number in courts not of record . . . . . . . . . .
Right of trial by remains inviolate . . . . . . . .
Waiver in civil cases may be had . . . . . . .
Verdict by less than twelve may be authorized
(See Grand jury; Juror)
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Justice
Administration must be open and without
delay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Justice of peace
Appeal lies to superior court . . . . . . . . . . . .
Cannot be made court of record . . . . . . . . . .
Duties to be prescribed by legislature . . . . . .
Fees prohibited, when . . . . . . . . . . . . . . . . .
Jurisdiction, legislature to determine . . . . . . .
Not to trench on courts of record . . . . . . .
Number, legislature to determine . . . . . . . . .
Police justice in cities may be chosen from . .
Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Increase . . . . . . . . . . . . . . . . . . . . . . . . .
Unsalaried, excepted from prohibition against
compensation by fees . . . . . . . . . . . . . . . .
Vacancy in office, how filled . . . . . . . . . . . .
Vested with judicial power . . . . . . . . . . . . .
(See Judicial officers)
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4
1
1
1
1
1
1
1
16
22
16
21
21
21
21
10
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4
4
4
4
4
4
4
4
4
30
6
11
10
10
10
10
10
10
10
1
...
...
...
4
11
4
13
6
1
Land commissioner (See Commissioner of public lands)
[Vol. 0 RCW—page 118]
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2
16
16
33
1
2,3
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16
16
4
4
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16
1
16
4
16
2,3
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1
7
26
26
26
16
...
16
3
Law of the land
Constitution of United States is supreme . . . . . . .
Judicial power
Vested in what courts . . . . . . . . . . . . . . . . . . . .
Lands
Alien ownership prohibited, exceptions
(Repealed by Amendment 42) . . . . . . . .
Granted lands, restrictions on sale . . . . . .
For educational purposes, sale of . . . . . .
Plat of state lands in cities required before
sale . . . . . . . . . . . . . . . . . . . . . . . . . .
Limit on amount offered in one parcel . .
Quantity of state land that may be sold in
one parcel . . . . . . . . . . . . . . . . . . . . . .
Reclamation, public use in taking for . . . .
Restrictions on selling school lands . . . . .
Settlement, public use in taking property
for . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Taxation . . . . . . . . . . . . . . . . . . . . . . . . . .
Of Indians lands . . . . . . . . . . . . . . . . . . .
Of lands of nonresidents . . . . . . . . . . . . . .
Of United States, none to be imposed . . . .
Timber and stone on state lands may be sold,
how . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
2
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23
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25
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2
2
2
2
1
3
3
3
1
31
1(c)
41
18
1(d)
23
12
12
12
23
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2
2
18
22
....
2
28
....
8
3
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27
2
Lease
Of corporate franchise not to relieve from
liability . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of harbor areas for building wharves,
limitations . . . . . . . . . . . . . . . . . . . . . . . . . .
State building authority, by . . . . . . . . . . . . . . . .
12
8
15
8
2
9
Legal holiday
Superior courts not open . . . . . . . . . . . . . . . . . .
Writs that may be issued and served on . . . . . . .
4
4
6
6
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2
2
22
2
2
2
2
8
11
1,2
43
1
30
12
...
2
23
...
2
1
...
...
2
2
42
9
...
...
...
3
2
2
7
12
30
...
...
2
2
9
8
Laws
Bills of attainder prohibited . . . . . . . . . . . .
Corporations, statutory regulations may be
amended or repealed . . . . . . . . . . . . . . .
Defects and omissions to be reported
annually . . . . . . . . . . . . . . . . . . . . . . . .
Effective date
(Stricken by Amendment 7) . . . . . . . . . .
(Superseded by Amendment 26) . . . . . . .
(Amendment 26) . . . . . . . . . . . . . . . . . .
Enacting clause . . . . . . . . . . . . . . . . . . . .
Initiative measure . . . . . . . . . . . . . . . . .
Ex post facto, prohibited . . . . . . . . . . . . . .
Governor’s approval, presentation for . . . . .
Passage over veto . . . . . . . . . . . . . . . . .
Without approval, how becomes effective
Impairing obligation of contracts prohibited .
Initiative measures (See Initiative and
referendum)
Legislative enactments to be by bill . . . . . .
Requisites on final passage of bill . . . . . .
Special legislation prohibited in certain
cases . . . . . . . . . . . . . . . . . . . . . . . . . .
State debt authorized for some single work,
conditions . . . . . . . . . . . . . . . . . . . . . . .
Territorial, to remain in force until altered,
except . . . . . . . . . . . . . . . . . . . . . . . . .
(See Acts; Bill; Statutes)
Legislature
COMPOSITION AND ORGANIZATION
Absentees, less than a quorum may compel
their attendance . . . . . . . . . . . . . . . . . . .
Adjournment, restrictions on . . . . . . . . . . .
Apportionment of members . . . . . . . . . . .
Reapportionment after each census . . . . .
Authority generally . . . . . . . . . . . . . . . . .
Bribery of members, how punished . . . . . .
Committees . . . . . . . . . . . . . . . . . . . . . .
Compensation and mileage of members
(Partially repealed by Amendments
20 and 54) . . . . . . . . . . . . . . . . . . . . . .
Consists of senate and house of
representatives . . . . . . . . . . . . . . . . . . . .
Constitution, departure from during
emergency due to enemy attack . . . . . . . .
Contempts punishable by each house . . . . .
Convening in extra session at call of
governor . . . . . . . . . . . . . . . . . . . . . . . .
Convening in extra session by legislature . .
Corrupt solicitation of members . . . . . . . .
Disorderly behavior punishable by each
house . . . . . . . . . . . . . . . . . . . . . . . . . .
Election of members, each house judge of .
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2
2
2
(2004 Ed.)
Index to State Constitution
Eligible to membership, who are . . . . . . . .
Expulsion of member requires two-thirds
vote . . . . . . . . . . . . . . . . . . . . . . . . . . .
Journal, each house to keep and publish . . .
Members
From what civil offices excluded . . . . . .
Not liable for words spoken in debate . . .
Private interest in bill to be
disclosed . . . . . . . . . . . . . . . . . . . . . . .
Privilege
From arrest, except . . . . . . . . . . . . . . .
From civil process, when . . . . . . . . . . .
Number of members . . . . . . . . . . . . . . . .
Office accepted under United States
vacates seat . . . . . . . . . . . . . . . . . . . . . .
Officers
Each house to elect its own . . . . . . . . . .
Federal and foreign, ineligible to
membership . . . . . . . . . . . . . . . . . . . . .
Quorum, majority to constitute . . . . . . . . .
Reapportionment after each census . . . . . .
Records, secretary of state to keep . . . . . .
Redistricting . . . . . . . . . . . . . . . . . . . . . .
Rules of proceedings, each house to
determine . . . . . . . . . . . . . . . . . . . . . . .
Sessions
Must be open, exceptions . . . . . . . . . . . .
Regular . . . . . . . . . . . . . . . . . . . . . . . .
Special . . . . . . . . . . . . . . . . . . . . . . . . .
Time of meeting . . . . . . . . . . . . . . . . . .
Vacancies, how filled . . . . . . . . . . . . . . . .
Vote on elections to be viva voce . . . . . . .
None when member has private interest
in bill . . . . . . . . . . . . . . . . . . . . . . . . .
DUTIES
Accountability of county and local officers
to be provided for . . . . . . . . . . . . . . . . .
Accounting for state receipts and
expenditures to be prescribed . . . . . . . . . .
Appropriation for expenses of
constitutional convention to be made . . . .
Bureau of statistics to be established . . . . .
Cities, incorporation by general laws to
be provided . . . . . . . . . . . . . . . . . . . . . .
Classification of counties, for purpose of
prescribing compensation . . . . . . . . . . . .
Combinations affecting prices, etc.,
punishment to be provided . . . . . . . . . . .
Commissioner of public lands, duties and
compensation to be provided . . . . . . . . . .
Compensation
Of county and local officers to be
regulated . . . . . . . . . . . . . . . . . . . . . . .
Of officers, change during term
(See Salaries)
Congressional districts, state to be
divided into (Repealed by
Amendment 74) . . . . . . . . . . . . . . . . . . .
Contested elections of state officers to
be decided by . . . . . . . . . . . . . . . . . . . .
Convict labor to be provided for . . . . . . . .
County government, system of, to be
established . . . . . . . . . . . . . . . . . . . . . . .
Court of appeals, as to . . . . . . . . . . . . . . .
Divorces not to be granted by . . . . . . . . . .
Drugs and medicines, sale to be regulated .
Elections
Certificates of, to be given certain
state officers . . . . . . . . . . . . . . . . . . . .
Election of necessary county officers,
duty to provide for . . . . . . . . . . . . . . . .
President, voting for, implementation . . .
Qualifications of voters to be regulated
(Amended by Amendment 63) . . . . . . . .
Employees in dangerous employments to be
protected by law . . . . . . . . . . . . . . . . . .
(2004 Ed.)
...
2
7
...
...
2
2
9
11
...
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2
2
13
17
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2
30
...
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2
2
2
16
16
2
...
2
14
...
2
10
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2
2
2
3
2
14
8
43
17
43
...
2
9
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.
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.
.
2
2
2
2
2
2
11
12
12
12
15
27
...
2
30
...
11
5
...
7
7
...
...
27
2
19
34
...
11
10
...
11
5
...
12
22
...
3
23
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...
11
27
13
...
...
3
2
4
29
11
4
2
20
4
30
24
2
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.
.
.
Governmental continuity during emergency
periods, to provide for . . . . . . . . . . . . . .
Harbor lines, commission to establish, to
be appointed . . . . . . . . . . . . . . . . . . . . .
Health, board of, to be established . . . . . . .
Homesteads to be protected from forced
sale . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Initiative measures (See Initiative and
referendum)
Judicial qualifications commissioners,
terms and compensation to be provided . .
Justice of peace, number, powers and
duties to be prescribed . . . . . . . . . . . . . .
Lease of harbor areas for wharves to be
provided . . . . . . . . . . . . . . . . . . . . . . . .
Medicine and surgery, practice of, to be
regulated . . . . . . . . . . . . . . . . . . . . . . . .
Militia, organization and discipline to be
provided for . . . . . . . . . . . . . . . . . . . . . .
Officers of counties, townships, precincts,
and districts
Duties, elections, and terms of office
to be prescribed . . . . . . . . . . . . . . . . .
Classification of counties by population
in enumerating duties of county
officers . . . . . . . . . . . . . . . . . . . . . . .
Officers not provided for in Constitution,
legislature to provide for election
and terms . . . . . . . . . . . . . . . . . . . . . . .
Passes
Grant of to public officers to be
prevented . . . . . . . . . . . . . . . . . . . . . .
Use by public officers to be
prohibited . . . . . . . . . . . . . . . . . . . . . .
Port district promotional activities . . . . . . .
Private interest in bill, members to
declare . . . . . . . . . . . . . . . . . . . . . . . . .
Public arms, safekeeping and protection
required . . . . . . . . . . . . . . . . . . . . . . . .
Public school system to be established . . . .
Publication of opinions of supreme court to
be provided for . . . . . . . . . . . . . . . . . . .
Recall of public officers (See Recall of
officers)
Redistricting plan and commission . . . . . .
Referendum (See Initiative and referendum)
Registration law to be enacted . . . . . . . . .
Salaries of county officers and certain
constables to be fixed . . . . . . . . . . . . . .
Sale of school and university lands,
confirmation to be made . . . . . . . . . . . .
School funds, investment . . . . . . . . . . . . .
...
2
42
...
...
15
20
1
1
...
19
1
...
4
31
...
4
10
...
15
2
...
20
2
...
10
2
...
11
5
...
11
5
...
27
11
...
12
20
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2
8
39
8
...
2
30
...
...
10
9
4
2
...
4
21
...
2
43
...
6
7
...
11
5
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16
9
16
2
3
5
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14
1
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10
3
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2
26
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7
7
3
8
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7
1
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7
7
10
1
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12
19
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20
6
1
6
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2
2
2
37
38
19
5
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Index
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3
4
...
...
11
6
5
1A
...
6
1
...
2
35
Seat of government, choice of location to
be provided for . . . . . . . . . . . . . . . . . . .
Soldiers’ home, maintenance to be
provided . . . . . . . . . . . . . . . . . . . . . . . .
Suits against state, manner of bringing,
to be directed . . . . . . . . . . . . . . . . . . . .
Taxation
Corporate property to be under general
law (Stricken by Amendment 14) . . . .
Deficiencies and expenses to be met by .
Exemption of limited amount of
personalty . . . . . . . . . . . . . . . . . . . . .
Retired persons exemption,
implementation . . . . . . . . . . . . . . . . .
Uniform on same class of property . . . .
Telegraph and telephone regulations to be
provided . . . . . . . . . . . . . . . . . . . . . . . .
Vital statistics, bureau of, to be
established . . . . . . . . . . . . . . . . . . . . . .
Voting, method to be provided by . . . . . .
ENACTMENT OF LAWS
Act, how revised or amended . . . . . . . . .
Amendment of bill . . . . . . . . . . . . . . . .
Bill to contain but one subject . . . . . . . .
[Vol. 0 RCW—page 119]
Index
Emergency, national-Government continuity
authorizing special legislation . . . . . . . . . .
Enacting clause . . . . . . . . . . . . . . . . . . . . .
Initiative and referendum measures
(See Initiative and referendum)
Laws to be enacted by bill . . . . . . . . . . . . .
Take effect, when (Stricken by
Amendment 7) . . . . . . . . . . . . . . . . . . . .
Presiding officer of each house to
sign bills . . . . . . . . . . . . . . . . . . . . . . . . .
Rules for signing bills may be prescribed . . .
Style of laws . . . . . . . . . . . . . . . . . . . . . . .
Title of bill to disclose object . . . . . . . . . . .
Veto of bill, and passage over . . . . . . . . . . .
When bills must be introduced, exceptions . .
Yeas and nays, entry on journal required,
when . . . . . . . . . . . . . . . . . . . . . . . . . . . .
POWERS
Abolition of certain state offices
permitted . . . . . . . . . . . . . . . . . . . . . . . . .
Appropriation of public funds
(See Appropriations)
Banking corporations, power to limit
liability of . . . . . . . . . . . . . . . . . . . . . . . .
Chaplain for penal and reformatory
institutions may be employed . . . . . . . . . .
Charters of corporations cannot be
extended . . . . . . . . . . . . . . . . . . . . . . . . .
Clerk of supreme court, election may be
provided for . . . . . . . . . . . . . . . . . . . . . . .
Constitution
Amendment may be proposed in either
house . . . . . . . . . . . . . . . . . . . . . . . . . .
Departure from during emergency due to
enemy attack . . . . . . . . . . . . . . . . . . . .
Revision, convention for may be agreed
on . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Corporate property and franchises may be
taken for public use . . . . . . . . . . . . . . . . .
Corporations, regulation of . . . . . . . . . . . . .
Courts of record, power to establish . . . . . .
Divorces not to be granted by . . . . . . . . . . .
Duties of county officer, power to
prescribe . . . . . . . . . . . . . . . . . . . . . . . . .
Elective franchise may be granted to women
in school elections (Stricken by
Amendment 5) . . . . . . . . . . . . . . . . . . . . .
Emergency, authorizing special powers
during periods of . . . . . . . . . . . . . . . . . . .
Exemptions from taxation, power to provide
(See Taxation)
Extra compensation to officers for past
services prohibited . . . . . . . . . . . . . . . . . .
Fees of county officers, power to provide
accountability for . . . . . . . . . . . . . . . . . . .
Forfeitures of corporate franchises may be
declared for unlawful combinations . . . . . .
Remission of, prohibited . . . . . . . . . . . . .
Harbor areas, building on, may be provided
for by general law . . . . . . . . . . . . . . . . . .
Inferior courts
May be provided . . . . . . . . . . . . . . . . . . .
Powers of, shall be prescribed . . . . . . . . .
Irrevocable privilege or franchise, power
to grant denied . . . . . . . . . . . . . . . . . . . . .
Jury, number for panel and for verdict may
be fixed at less than twelve . . . . . . . . . . . .
Lotteries, may authorize by 60% vote . . . . .
Municipal corporations may be vested with
power to make local improvements . . . . . .
Nonrecourse revenue bonds, authorization . .
Number of judges of supreme court may be
increased . . . . . . . . . . . . . . . . . . . . . . . . .
Private or special laws prohibited . . . . . . . .
Public corporations not to be created by
special act . . . . . . . . . . . . . . . . . . . . . . . .
[Vol. 0 RCW—page 120]
Constitution of the State of Washington
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2
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2
32
32
18
19
12
36
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21,22
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3
25
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12
11
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11
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12
3
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22
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42
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12
12
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10
1
11
24
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42
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25
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11
5
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12
12
22
3
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15
4
4
1
12
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1
8
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1
2
21
24
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7
32
9
1
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4
2
2
28
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11
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11
12
5
18
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12
12
18
18
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4
9
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4
3(a)
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9
14
3
1
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2
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4
31
11
2
8
2
1,2
5
12
9
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2
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11
7
7
11
12
1
8
12
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7
9
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11
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3
12
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6
1
Liabilities
Corporate, not relieved by alienation or
lease of franchise . . . . . . . . . . . . . . . . . . . . .
Extinguishment by special legislation
prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . .
Territorial assumed by state . . . . . . . . . . . . . . . .
12
8
2
26
28(10)
3
2
..
..
Public funds, power to provide for
accounting as to . . . . . . . . . . . . . . . . . . . .
Railroad commission may be established . . .
Rates for freights and passengers
Discrimination may be prevented . . . . . . .
Maximum, may be established . . . . . . . . .
Removal of judges, attorney general, and
prosecuting attorneys . . . . . . . . . . . . . . . .
Reservation of power in people
(See Initiative and referendum)
Retirement age of judges, power to fix,
limitations . . . . . . . . . . . . . . . . . . . . . . . .
Salaries of judges (See Salaries)
Salaries of state officers (See Salaries)
School fund (common) may be enlarged . . .
Seat of government cannot be changed by . .
Senate and house of representatives,
legislative authority vested in . . . . . . . . . .
Separate departments of supreme court may
be provided . . . . . . . . . . . . . . . . . . . . . . .
Sex equality, power to enforce . . . . . . . . . .
Sheriff, providing for election of . . . . . . . . .
Special sessions . . . . . . . . . . . . . . . . . . . . .
State building authority may be provided . . .
Supreme court judges, number may be
increased . . . . . . . . . . . . . . . . . . . . . . . . .
Taxation
Corporate authorities may be vested with
power by general laws . . . . . . . . . . . . . .
Exemption of limited personal property . . .
Levy to meet fiscal deficiencies . . . . . . . .
Local cannot be imposed by . . . . . . . . . . .
Special assessment for local improvements,
power may be vested in corporate
authorities . . . . . . . . . . . . . . . . . . . . . . .
Terms of county officers, powers to
prescribe . . . . . . . . . . . . . . . . . . . . . . . . .
Vetoed bills, convening extraordinary
session to reconsider . . . . . . . . . . . . . . . . .
Voters, authority to define manner of
ascertaining qualifications
(Amended by Amendment 63) . . . . . . . . . .
(See House of representatives; Initiative
and referendum; Senate)
10
Liberty
Deprivation of without due process of law
forbidden . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
3
Licentious acts
Guarantee of freedom of conscience in matters
of religious worship does not justify . . . . . . . .
1
11
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3
2
3
5
3
3
2
10
10
1
1,2
25
16
10
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3
3
10
3
Life
Deprivation of without due process of law
prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
3
Lieutenant governor
Acts as governor, when . . . . . . . . . . .
Deciding vote, in case of tie in senate .
Election of . . . . . . . . . . . . . . . . . . . .
Impeachment of . . . . . . . . . . . . . . . .
Office may be abolished by legislature
Presiding officer of senate . . . . . . . . .
In absence, who presides . . . . . . . .
Salary of (See Salaries)
Succession to office of governor . . . .
Term of office . . . . . . . . . . . . . . . . .
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(2004 Ed.)
Index to State Constitution
Limitation of actions
Special legislation prohibited . . . . . . . . . . . . . . .
2
Limitation on levies . . . . . . . . . . . . . . . . . . . . . .
7
2
Limiting production
Combination for, prohibited . . . . . . . . . . . . . . . .
12
22
Literacy
Qualification of voters (Amended by
Amendment 63) . . . . . . . . . . . . . . . . . . . . . .
6
1
Loans
Prohibition against loan of school fund to
private persons or corporations
(Amended by Amendment 44) . . . . . . . . . . . .
State may borrow to meet debts . . . . . . . . . . . . .
16
8
5
1
Local improvements
Authority of cities to levy special taxes
for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
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10
2
10
10
2
14
2
5
Mines
Protection of employees, laws to be passed . . . . .
Yield tax or ad valorem tax authorized . . . . . . . .
2
7
35
1
Mining purposes
Use of water for, deemed public use . . . . . . . . . .
28(17)
Who exempt . . . . . . . . . . . . . . . . . . . .
Exemption to persons having conscientious
scruples . . . . . . . . . . . . . . . . . . . . . . .
Governor to be commander-in-chief . . . . .
Governor’s power to call forth . . . . . . . . .
Members entitled to admission to soldiers’
home, when . . . . . . . . . . . . . . . . . . . .
Officer of
Election and appointment . . . . . . . . . . .
Eligible to legislature, when . . . . . . . . .
Organization and discipline . . . . . . . . . . .
Privilege from arrest, when . . . . . . . . . . .
(See Arms; Army; Military)
Index
21
1
2
4
6
12
8
11
7
11
11
4
15
6
14
12
22
12
12
22
22
2
40
1
16
11
11
8
8
10
16
7
7
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9
Local officers
Eligible to legislature . . . . . . . . . . . . . . . . . . . .
2
14
Minors
Property of, not to be affected by special
laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(See Children; Majority)
Lotteries
Prohibited, except . . . . . . . . . . . . . . . . . . . . . . .
2
24
Misdemeanors
Original jurisdiction of superior court . . . . . . . . .
Majority
Necessary in impeachment . . . . . . . . .
Passage of bills requires . . . . . . . . . .
Petition for division of county requires
Quorum of each house constituted by .
Special act to declare a person of age
prohibited . . . . . . . . . . . . . . . . . . .
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5
2
11
2
1
22
3
8
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2
28(11)
Malfeasance
Officers liable to impeachment for . . . . . . . . . . .
Recall for . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Removal by law, if not subject to impeachment . .
5
1
5
2
33,34
3
Mandamus
Original and appellate jurisdiction of
supreme court . . . . . . . . . . . . . . . . . . . . . . . .
Original jurisdiction of superior court . . . . . . . . .
4
4
4
6
Mandatory
Constitutional provisions are . . . . . . . . . . . . . . .
1
Money
Corporations etc. not to issue anything but
lawful money of United States . . . . . . .
Disbursement from state treasury . . . . . . .
Public officers to deposit with treasurer . .
State Taxes payable in . . . . . . . . . . . . . .
Using public money by officer a felony . .
(See Public money)
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Monopolies
Forbidden . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Forfeiture of franchise and property may be
declared . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Penalties to be provided by law . . . . . . . . . . . . .
28(4),(11)
29
Manufacturing purposes
Use of waters for, deemed public use . . . . . . . . .
21
1
Medicine
Practice and sale, legislature to regulate . . . . . . .
20
2
Men
Equal rights and responsibility . . . . . . . . . . . . . .
31
1,2
Mental Incompetency
Exclusion from voting . . . . . . . . . . . . . . . . . . . .
6
3
Messages
Governor to communicate with legislature by . . .
3
6
Mileage
Members of legislature entitled to
(Partially repealed by Amendment 20) . . . . . . .
2
23
Military
Duty not to be required on election day,
except . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Not to interfere with elections . . . . . . . . . . . . . .
Subordinate to civil power . . . . . . . . . . . . . . . . .
(See Army; Militia)
6
1
1
5
19
18
Militia
Citizens subject to duty in . . . . . . . . . . . . . . . . .
10
1
(2004 Ed.)
Motor vehicles
License fees and excise taxes to be placed in
special fund . . . . . . . . . . . . . . . . . . . . . . . . .
Municipal corporations
Appropriation of right-of-way . . . . . . . . . . . . . .
Cities of 10,000 or over may frame own
charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Combined city-county . . . . . . . . . . . . . . . . . . . .
Corporate stock or bonds not to be owned by . . .
Credit or money not to be loaned, exceptions . . .
Debts
Expenditures for port district promotional
activities . . . . . . . . . . . . . . . . . . . . . . . . . .
Release by special law prohibited . . . . . . . . . .
Improvements, power to make by special taxation
or assessment . . . . . . . . . . . . . . . . . . . . . . . .
Indebtedness, limitations on . . . . . . . . . . . . . . . .
Local affairs controlled by . . . . . . . . . . . . . . . . .
Organization to be under general laws . . . . . . . .
Police and sanitary regulations enforced by . . . . .
Private property not to be taken for debt of . . . . .
Public money to be deposited with treasurer . . . .
Salary of officers (Partially repealed by
Amendment 54) . . . . . . . . . . . . . . . . . . . . . .
(Amendment 54) . . . . . . . . . . . . . . . . . . . . . .
Seals of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special act to create or amend charter
prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . .
Streets, power to extend over tide lands . . . . . . .
Taxation
Assessment and levy, power of . . . . . . . . . . . .
Exemption of municipal property from
8
2
8
28(10)
7
8
11
11
11
11
11
9
6
11
10
11
13
15
11
30
27
8
1
9
2
15
28(8)
3
7
9
[Vol. 0 RCW—page 121]
Index
Constitution of the State of Washington
taxation . . . . . . . . . . . . . . . . . . . . . . . . .
Imposition for local purposes prohibited to
legislature . . . . . . . . . . . . . . . . . . . . . . .
Local power to assess and levy, where . . . .
Term of officers not to be extended . . . . . . .
Use of public money by official, a felony . . .
(See City; Municipal courts; Municipal fines;
Towns and villages)
...
.
.
.
.
.
.
.
.
.
.
.
.
7
1
11
11
11
11
12
12
8
14
1
Municipal fines
Appellate jurisdiction of supreme court . . . . . . . .
Original jurisdiction of superior court . . . . . . . . .
4
4
4
6
Municipal indebtedness
Limitations and restrictions on . . . . . . . . . . . . . .
(See City; Towns and villages)
8
Names
Change of, by special legislation prohibited . . . . .
2
28(1)
Naturalization
Power of, vested in superior court . . . . . . . . . . .
4
6
Navigable waters
Harbor lines, commission to be established to
locate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ownership of state in beds and shores
asserted . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
1
17
1
2
11
Nonjudicial days
Certain writs may be issued and served on . . . . .
Superior courts not open on . . . . . . . . . . . . . . . .
Supreme court need not be open on . . . . . . . . . .
4
4
4
6
6
2
Nonrecourse revenue bonds
Industrial development projects . . . . . . . . . . . . .
32
1
26
28(18)
3
2
Normal schools
Included in public school system . . . . . . . . . . . .
9
2
Nuisance, action to abate
Appellate jurisdiction of supreme court . . . . . . . .
Original jurisdiction of superior court . . . . . . . . .
4
4
4
6
Oath of office
Prescribed for judges . . . . . . . . . . . . . . . . . . . .
Recall for violation of . . . . . . . . . . . . . . . . . . . .
4
1
Oaths
Mode of administering . . . . . . . . . . . . . . . . . . .
Of judges . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of senators in impeachment trials . . . . . . . . . . . .
Obligation of contracts
Not to be impaired by legislation . . . . . . . . . . . .
[Vol. 0 RCW—page 122]
.....
.....
.....
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1
4
5
1
14
30
...
2
13
.
.
.
.
.
.
.
.
2
4
3
1
14
15,17
25
11
...
4
9
...
...
4
3
31
13
....
....
3
11
25
5
....
2
30
....
11
7
....
11
5
.
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.
.
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.
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.
.
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.
.
.
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.
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.
.
.
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27
27
2
11
5
2
2
7
11
25
14
2
10
14
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
10
2
2
11
2
14
39
15
....
5
3
....
27
....
....
....
12
2
13
Official acts
Validation by special laws prohibited . . . . . . . . .
2
28(12)
Omissions
In laws, annual report by judges . . . . . . . . . . . . .
4
25
7
11
4
21
Original jurisdiction
Superior court . . . . . . . . . . . . . . . . . . . . . . . . .
Supreme court . . . . . . . . . . . . . . . . . . . . . . . . .
4
4
6
4
Ownership of lands
Prohibited to aliens, except (Repealed by
Amendment 42) . . . . . . . . . . . . . . . . . . . . . .
2
33
.
.
.
.
6
New county
Formation by special act not prohibited . . . . . . . .
Restrictions on . . . . . . . . . . . . . . . . . . . . . . . . .
Nonresidents
Taxation of lands of citizens of United
States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
2
Opinions
Of supreme court, publication . . . . . . . . . . . . . .
4
...
...
Open space lands
Taxation based on actual use . . . . . . . . . . . . . . .
Municipal courts
Legislature may provide for . . . . . . . . . . . . . . . .
Offenses
Bailable, except . . . . . . . . . . . . . . . . . . .
Existing, to be prosecuted in name of state
Impeachment of public officers for . . . . . .
Jeopardy, twice in, for same offense,
forbidden . . . . . . . . . . . . . . . . . . . . . .
Prosecution by information or indictment .
Rights of accused . . . . . . . . . . . . . . . . . .
Trial by jury, right of . . . . . . . . . . . . . . .
Office
Acceptance of, under United States or foreign
power vacates seat in legislature,
exceptions . . . . . . . . . . . . . . . . . . . . . . .
Bribery, a disqualification for . . . . . . . . . . .
Disqualification of legislators for certain
civil offices . . . . . . . . . . . . . . . . . . . . . . .
Ineligibility for legislature of persons
holding certain offices . . . . . . . . . . . . . . .
Judge, open to whom . . . . . . . . . . . . . . . . .
Legislature may abolish certain offices . . . . .
Religious qualification not to be required . . .
Removal of judges, etc. by joint resolution of
legislature . . . . . . . . . . . . . . . . . . . . . . . .
Removal of judges or justices by supreme
court . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vacancy in, how filled . . . . . . . . . . . . . . . .
28
33,34
6
28
1
Officers
Abolition of certain state offices
authorized . . . . . . . . . . . . . . . . . . . . . . .
Accountability for fees and money collected
Compensation, change during term
(See Compensation)
Corrupt solicitation of, prohibited . . . . . . . .
County officer ineligible for more than two
terms (Repealed by Amendment 22) . . . .
County, township, precinct, and district
election and compensation to be regulated
by legislature . . . . . . . . . . . . . . . . . . . .
Election of
First, under Constitution . . . . . . . . . . . . .
When no provision in Constitution . . . . .
Extra compensation prohibited . . . . . . . . . .
Guilty of felony, when uses public money . .
Impeachment of . . . . . . . . . . . . . . . . . . . .
Legislative, each house to elect . . . . . . . . .
Local, may be members of legislature . . . . .
Militia
Appointment or election of . . . . . . . . . . .
Without salary eligible to legislature . . . .
Passes, use or acceptance by, forbidden . . .
Public moneys to be deposited with treasurer
Recall (See Recall of officers)
Removable by law, when not impeachable .
Salary, change, during term (See Salaries)
Territorial and United States, how long to
hold . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transportation passes
Issuance to, prohibited . . . . . . . . . . . . . .
Use of, prohibited . . . . . . . . . . . . . . . . .
Trustees of state institutions, appointment . .
(See Appointment; County officers; District
officers; Governor; Lieutenant governor;
Precinct officers; Recall of officers;
Salaries; State officers; Term of office)
6,14
20
39
1
23
1
27
5
20
5
2
1
1
1
1
9
25
22
21
(2004 Ed.)
Index to State Constitution
Pardoning power
Governor vested with, subject to
restrictions . . . . . . . . . . . . . . . . . . . . . . . . . .
Report to legislature of pardons granted . . . . . . .
Political power
Inherent in people . . . . . . . . . . . . . . . . . . . . . . .
9
11
12
2
20
39
1
1
Pooling
By common carriers prohibited (Repealed by
Amendment 67) . . . . . . . . . . . . . . . . . . . . . .
(See Combinations)
2
4
Population
Classification of counties by . . . . . . . . . . . . . . .
3
3
Partnership (See Copartnerships)
Pass
Grant of, to public officers, prohibited . . . . . . . .
Use of, by public officers, prohibited . . . . . . . . .
Index
11
5
Port districts
Bonds, nonrecourse revenue for industrial
development projects . . . . . . . . . . . . . . . . . . .
Excepted from levy limitation . . . . . . . . . . . . . .
Promotional activities . . . . . . . . . . . . . . . . . . . .
32
7
8
1
2
8
Postmaster
Eligible to legislature, when . . . . . . . . . . . . . . . .
2
14
..
3
2
..
4
1
..
..
..
2
2
3
42
1
9
..
11
5
..
..
..
27
27
11
14
14
6
Popular government (See Initiative and referendum)
Passenger tariffs
Abuses and extortions to be prohibited . . . . . . . .
Regulation by legislature authorized . . . . . . . . . .
12
12
18
18
Penal institutions
State support . . . . . . . . . . . . . . . . . . . . . . . . . .
13
1
.....
27
3
.....
.....
.....
27
2
12
Penitentiary
Chaplain, right to employ . . . . . . . . . . . . . . . . .
1
11
Pension funds, public
Investment of . . . . . . . . . . . . . . . . . . . . . . . . . .
Pension increase not extra compensation . . . . . . .
29
2
1
25
.......
.......
.......
1
16
2
1
1
1
.......
.......
.......
1
1
1
4
11
7
.......
to . . . . .
1
26
30
1
President of senate
Lieutenant governor shall be . . . . . . . . . . . . . . .
Temporary presiding officer, when chosen . . . . .
3
2
16
10
9
16
3
5
Press
Liberty of, secured . . . . . . . . . . . . . . . . . . . . . .
1
5
Prices
Combination to fix, prohibited . . . . . . . . . . . . . .
12
22
Private affairs
Disturbance of, prohibited . . . . . . . . . . . . . . . . .
1
7
Private legislation
Prohibited in enumerated cases . . . . . . . . . . . . .
2
28
Private property
Not to be taken for public debts . . . . . . . . . . . . .
Taking for public or private use . . . . . . . . . . . . .
(See Eminent domain)
11
1
13
16
....
1
8
....
....
2
10
16
5
....
6
5
Privileges
Equal to all citizens and corporations . . . . . . . . .
Hereditary, grant of, by state prohibited . . . . . . .
Special, prohibited . . . . . . . . . . . . . . . . . . . . . .
1
1
1
12
28
12
Penalties
Accrued to territory, inure to state . . . . . .
Incurred, not affected by change in
government . . . . . . . . . . . . . . . . . . . . .
Remission by special act prohibited . . . . .
Violation of provisions against monopolies
People
Political power inherent in . . . . . . . . . .
Public lands held in trust for . . . . . . . .
Reservation of powers by . . . . . . . . . .
Right
Of petition and peaceful assemblage .
To religious liberty . . . . . . . . . . . . .
To security in home . . . . . . . . . . . . .
Rights retained not affected by grants in
Constitution . . . . . . . . . . . . . . . . . .
Toleration of religious sentiment secured
Permanent school fund
Investment of . . . . . . . . . . . . . . . . . . . . . . . . . .
5
28(14)
22
(See Common school fund; Common school
construction fund; School fund)
Personal property
Appellate jurisdiction of supreme court . . . . . . . .
Power of legislature to exempt from taxation,
limitations . . . . . . . . . . . . . . . . . . . . . . . . . .
Rolling stock of railroad is . . . . . . . . . . . . . . . .
4
4
7
12
1
7
Persons
Convicted of infamous crimes, excluded from
elective franchise . . . . . . . . . . . . . . . . . . . . . .
School funds not to be loaned to (Amended by
Amendment 44) . . . . . . . . . . . . . . . . . . . . . .
6
5
Persons under disability
Sale or mortgage of property forbidden to be
authorized by special law . . . . . . . . . . . . . . . .
2
28(4)
Precinct officers
Election, duties, terms, and compensation to be
provided for by legislature . . . . . . . . . . . . .
Official bonds unaffected by change in
government . . . . . . . . . . . . . . . . . . . . . . . .
Territorial, hold office until when . . . . . . . . . .
Vacancies, how filled . . . . . . . . . . . . . . . . . .
Private corporations (See Corporations)
3
16
Powers
Executive, vested in governor . . . . . . . . . . . .
Initiative and referendum (See Initiative
and referendum)
Judicial, where vested . . . . . . . . . . . . . . . . . .
Legislative
During emergency periods caused by enemy
attack . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where vested . . . . . . . . . . . . . . . . . . . . . . . .
Pardoning, where vested . . . . . . . . . . . . . . . .
Petition
Right of, not to be abridged . . . . . . . . . . . . . . . .
(See Initiative and referendum; Recall of
officers)
Police justice
Justice of peace may be made . . . . . . . . . . . . . .
Police power
Counties, cities, towns, townships may
exercise . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2004 Ed.)
1
4
11
4
10
Privilege
Irrevocable grant of, prohibited . . . . . . . . .
Legislative members not subject to arrest or
civil process, when . . . . . . . . . . . . . . . .
Militia not to be arrested, when . . . . . . . . .
Voters privileged from arrest at election,
except . . . . . . . . . . . . . . . . . . . . . . . . .
11
[Vol. 0 RCW—page 123]
Index
Constitution of the State of Washington
Probate courts
Transfer from territorial to superior court . . . . . .
27
10
Probate matters
Appellate jurisdiction of supreme court . . . . . . . .
Original jurisdiction of superior court . . . . . . . . .
Transfer of jurisdiction from territorial
probate court . . . . . . . . . . . . . . . . . . . . . . . . .
4
4
4
6
27
10
Process
Authority of superior court extends
throughout state . . . . . . . . . . . . . . . . .
Legislators privileged from, when . . . . . .
State courts may have served on lands of
United States . . . . . . . . . . . . . . . . . .
Style of . . . . . . . . . . . . . . . . . . . . . . . .
Territorial to be valid . . . . . . . . . . . . . .
......
......
4
2
6
16
......
......
......
25
4
27
1
27
1
Proclamation of president
State Constitution to go into effect upon . . . . . . .
27
16
Prohibition
Appellate and revisory jurisdiction of
supreme court . . . . . . . . . . . . . . . . . .
Original jurisdiction of superior court . . .
Sale of liquors, separate article (rejected)
Writs of, may be issued and served on
nonjudicial days . . . . . . . . . . . . . . . .
......
......
......
4
4
27
4
6
17
......
4
Public funds
Legislature to provide for accounting . . . . . . . . .
Private use of by officers felonious . . . . . . . . . . .
(See Appropriations; Investments; Industrial
insurance trust fund; Public pension funds;
School funds)
Public health
Exception from power of referendum of bills
affecting . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Laws regulating deleterious occupations
to be passed . . . . . . . . . . . . . . . . . . . . . . . . .
State board of, shall be created . . . . . . . . . . . . .
11
11
2
5
14
1(b)
6
Property
Corporate, subject to eminent domain . . . .
Deprivation without due process of law
prohibited . . . . . . . . . . . . . . . . . . . . . .
Private, not to be taken to pay public debts
Taking for private use prohibited,
exceptions . . . . . . . . . . . . . . . . . . . . .
Territorial, to vest in state . . . . . . . . . . . .
(See Personal property; Taxation)
10
.....
.....
1
11
3
13
.....
.....
1
27
16
4
Prosecutions
Commenced before statehood, how conducted
Conducted in name of state . . . . . . . . . . . . .
May be by information or indictment . . . . . .
Unaffected by change in government . . . . . .
(See Criminal actions)
.
.
.
.
.
.
.
.
.
.
.
.
11
4
5
9
27
4
1
27
5
27
25
5
Protection
Life, liberty and property entitled to . . . . . . . . . .
Persons engaged in dangerous employments,
provisions for . . . . . . . . . . . . . . . . . . . . . . . .
Public arms, provision for safekeeping . . . . . . . .
1
35
4
Public arms
Protection and safekeeping to be provided . . . . . .
10
4
Publication
Amendments proposed to Constitution . . .
Liberty of, guaranteed . . . . . . . . . . . . . . .
Of measures referred to the people . . . . . .
Opinions of supreme court . . . . . . . . . . . .
Receipts and expenditures of public money
23
1
2
4
7
1
5
1(e)
21
7
.
.
.
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.
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.
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6
9
1
2,3
3
Public institutions
Exception from power of referendum of bills
affecting . . . . . . . . . . . . . . . . . . . . . . . . . . . .
State support . . . . . . . . . . . . . . . . . . . . . . . . . .
2
13
l(b)
1
.......
.......
.......
26
16
16
2
1
1
.......
26
2
..
11
5
..
..
1
11
11
15
..
8
10
..
..
7
11
7
14
1
11
1
11
Public pension funds
Investment of . . . . . . . . . . . . . . . . . . . . . . . . . .
Pension increase not extra compensation . . . . . . .
29
2
1
25
Public property
Not to be applied to religious worship . . . . . . . .
1
11
2
1
1(b)
13
26
9
26
9
4
4
4
1
Public money
Accountability of public officers . . . . . . . . . .
Appropriation for religious worship
prohibited . . . . . . . . . . . . . . . . . . . . . . . . .
Deposit with treasurer required . . . . . . . . . . .
Energy, water, or stormwater or sewer services
loans for conservation . . . . . . . . . . . . . . . .
Statement of receipts and expenditures to
be published annually . . . . . . . . . . . . . . . .
Using or making a profit out of, a felony . . . .
(See Money)
.
.
.
.
.
3
2
10
8
8
8
8
26
Public safety
Exception from power of referendum of bills
affecting . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ground for suspension of habeas corpus . . . . . . .
12
.
.
.
.
.
Public lands
Disclaimer by state of title to
unappropriated . . . . . . . . . . . . . . . .
Granted to state held in trust for people
Sale only for full market value . . . . . . .
Unappropriated to be subject to control
of United States . . . . . . . . . . . . . . .
(See Commissioner of public lands;
Granted lands; Lands; School lands)
.
.
.
.
.
35
1
Public office
Religious qualification not to be required . . . . . .
.....
Prosecuting attorney
Election, duties, term, compensation,
legislature to provide for . . . . . . . . . . . . . . . .
Removal from office by legislature . . . . . . . . . . .
Public indebtedness
Municipal, limit of . . . . . . . . . . . . . . .
State building authority . . . . . . . . . . . .
State, limit of . . . . . . . . . . . . . . . . . . .
Exceptions to . . . . . . . . . . . . . . . . .
Territorial, assumed by state . . . . . . . .
(See City; County indebtedness; State
indebtedness; Towns and villages)
2
20
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
Public corporations (See Municipal corporations)
Public debts
Private property not to be taken in
payment of . . . . . . . . . . . . . . . . . . . . . . . . . .
Public employment
Religious qualification not to be required . . . . . .
11
1
Public officer
Change of compensation during term
(See Compensation)
Religious qualifications, prohibition
against . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(See Officers)
13
11
Public schools
Establishment and maintenance guaranteed . . . . .
Free from sectarian control . . . . . . . . . . . . . . . .
Open to all children of state . . . . . . . . . . . . . . .
[Vol. 0 RCW—page 124]
(2004 Ed.)
Index to State Constitution
26
Superintendent of public instruction to
have supervision . . . . . . . . . . . . . . . . . . . . . .
System to be established by state . . . . . . . . . . . .
Including what . . . . . . . . . . . . . . . . . . . . . . .
(See Common schools; Education; High schools;
Normal schools; Technical schools)
4
3
9
9
22
2
2
21
1
Public utility districts
Excepted from levy limitation . . . . . . . . . . . . . .
7
Qualifications
Judges of supreme and superior courts
Members of legislature . . . . . . . . . . .
Each house to be judge of . . . . . . .
Religious, not to be required for public
office . . . . . . . . . . . . . . . . . . . . . .
State officers . . . . . . . . . . . . . . . . . .
Voters, of (See Voter)
1
16
2
.....
12
18
.....
.....
2
12
39
20
.....
12
17
.....
12
19
.....
12
13
Railway cars
Jurisdiction of public offense committed on . . . . .
1
22
23
23
1
3
.
.
.
.
4
4
7
7
4
6
10
11
Rebellion or invasion
Suspension of writ of habeas corpus . . . . . . . . . .
(See also Invasion and attack)
1
13
.....
1
33
.....
.....
.....
1
1
1
34
33
34
.....
.....
1
1
33
33
7
7
Reclamation
Taking property for is public use . . . . . . . . . . . .
1
16
Recognizances
Territorial inure to state . . . . . . . . . . . . . . . . . . .
Valid and unaffected by change in government . .
27
27
4
4
..
2
42
..
..
3
3
17
24
..
27
8
Redistricting
Commission . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legislature’s approval . . . . . . . . . . . . . . . . . . . .
Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
2
2
43
43
43
2
1
30
14
Ratification
Constitutional amendments . . . . . . . . . . . . . . . .
Revision of Constitution . . . . . . . . . . . . . . . . . .
........
........
........
4
2
2
17
7
8
Real property
Appellate jurisdiction of supreme court
Original jurisdiction of superior court .
Retired persons tax exemption . . . . . .
Taxation based on actual use . . . . . . .
........
........
1
3
11
25
Quo warranto
Appellate and original jurisdiction of
supreme court . . . . . . . . . . . . . . . . . . . . . . . .
Original jurisdiction of superior court . . . . . . . . .
Quorum
Legislature
Majority of each house to constitute . . . . . . . .
Less number may adjourn and compel
attendance . . . . . . . . . . . . . . . . . . . . . . . . . .
Supreme court, majority of judges necessary . . . .
Race
Discrimination in education on account of,
prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . .
Railroad and transportation commission
May be established by legislature . . . . . . . . . . . .
Railroad companies
Charges to any point not to exceed those to
more distant station . . . . . . . . . . . . . . . . .
Combinations to regulate production or
transportation of commodities prohibited . .
Sharing earnings forbidden
(Repealed by Amendment 67) . . . . . . . . .
Commission to control may be established . .
Common carriers, subject to legislative
control . . . . . . . . . . . . . . . . . . . . . . . . . .
Connection at state line with foreign
railroads authorized . . . . . . . . . . . . . . . . .
Consolidation with competing lines
prohibited . . . . . . . . . . . . . . . . . . . . . . . .
Delay in receipt and transportation of
connecting cars forbidden . . . . . . . . . . . . .
Discrimination
Between telegraph companies forbidden . . .
In charges between persons and places
prohibited . . . . . . . . . . . . . . . . . . . . . . .
Excursion and commutation tickets may
be granted . . . . . . . . . . . . . . . . . . . . . . .
Express companies to be allowed equal terms
Extortion and discrimination in rates to
be prevented . . . . . . . . . . . . . . . . . . . . . .
Grant of passes to public officers forbidden . .
Intersecting, crossing or connecting with
other railroads authorized . . . . . . . . . . . . .
(2004 Ed.)
Maximum rates of fare and freight may be
established by law . . . . . . . . . . . . . . . .
Passes
Acceptance and use by public officers
unlawful . . . . . . . . . . . . . . . . . . . . . .
Issuance of, prohibited . . . . . . . . . . . . .
Rolling stock subject to taxation and
execution sale . . . . . . . . . . . . . . . . . . .
Telegraph and telephone companies to be
allowed to use right-of-way . . . . . . . . .
Transfer of cars, when shall form
connections for . . . . . . . . . . . . . . . . . .
(See Common carriers)
Receipts and expenditures
Account of, to be published . . . . . . . . . . . . . . . .
Public use
Of state waters . . . . . . . . . . . . . . . . . . . . . . . . .
Taking of private property for . . . . . . . . . . . . . .
(See Eminent domain)
Punishment
Bribery and corrupt solicitation,
how punished . . . . . . . . . . . . . . . . . . . . . . . .
Cruel, not to be inflicted . . . . . . . . . . . . . . . . . .
Index
4
4
4
6
2
8
2
4
8
2
9
12
1
18
.
.
.
.
.
.
.
.
.
.
.
.
Recall of officers
Grounds for . . . . . . . . . . . . . . . . . . . . . .
Legislature, duty to pass necessary laws to
carry out recall provisions . . . . . . . . . .
Officers subject to . . . . . . . . . . . . . . . . .
Percent of voters required for . . . . . . . . . .
Petition for, content and filing
requirements . . . . . . . . . . . . . . . . . . . .
Special election on petition for . . . . . . . . .
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
...
12
15
...
12
22
...
...
12
12
14
18
...
12
13
...
12
13
...
12
16
...
12
13
...
12
19
...
12
15
Reforestation
Yield tax or ad valorem tax authorized . . . . . . . .
7
1
...
...
12
12
15
21
Regents
Appointment for state institutions . . . . . . . . . . . .
13
1
...
...
12
12
18
20
Registration law
Compliance with by elector necessary . . . . . . . . .
Enactment by legislature required, when . . . . . . .
6
6
7
7
...
12
13
Records
Continuity of government in emergency periods
due to enemy attack . . . . . . . . . . . . . . . . . .
Of legislature and executive department,
secretary of state to keep . . . . . . . . . . . . . .
Of state officers to be kept at capital . . . . . . .
Of territorial courts, transferred to superior
courts . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referendum (See Initiative and referendum)
[Vol. 0 RCW—page 125]
Index
Constitution of the State of Washington
Power of legislature to provide for punishment
for illegal registration (Amended by
Amendment 63) . . . . . . . . . . . . . . . . . . . . . .
6
Release of debt or obligation
Special legislation prohibited . . . . . . . . . . . . . . .
2
Religion
Appropriations of public funds for religious
purposes prohibited . . . . . . . . . . . . . . . . . . . .
Chaplain for state penitentiary, mental institutions,
county or health district health care . . . . . . . . .
Freedom of conscience guaranteed . . . . . . . . . . .
Juror not incompetent because of . . . . . . . . . . . .
No person to be molested on account of . . . . . . .
Public office, religious qualification
prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . .
Toleration in, secured . . . . . . . . . . . . . . . . . . . .
Witness not incompetent because of . . . . . . . . . .
Removal from office
Commission on judicial conduct,
recommendations . . . . . . . . . . . . . . . .
Impeachment . . . . . . . . . . . . . . . . . . . .
Joint resolution of legislature for removal
Judges and justices, by supreme court . . .
Officers liable to impeachment . . . . . . . .
Officers not liable to impeachment,
how removed . . . . . . . . . . . . . . . . . .
Of governor, who to act . . . . . . . . . . . .
(See Recall of officers)
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
Retired persons tax exemption . . . . . . . . . . . . . .
1
28(10)
1
11
11
11
11
1
1
26
1
11
1
11
.
.
.
.
.
4
5
4
4
5
31
1
9
31
2
......
......
5
3
3
10
Reporter of supreme court . . . . . . . . . . . . . . . . .
4
18
Reports
Decisions of supreme court . . . . . . . . . . . . . . . .
Defects and omissions in the laws . . . . . . . . . . .
4
4
21
25
Representative districts
Apportionment among counties . . . . . . . . . . . . .
Vacancies, how filled . . . . . . . . . . . . . . . . . . . .
22
2
2
15
22
2
28
2
2
2
23
1
4,5
2
2
2
2
2
2
2
16
16
7
43
4,5
15
Representatives
Apportionment among counties . . . . . . . . . . . . .
Compensation and mileage . . . . . . . . . . . . . . . .
Election of . . . . . . . . . . . . . . . . . . . . .
Number of . . . . . . . . . . . . . . . . . . . . .
Privilege
From arrest, except . . . . . . . . . . . . .
From civil process, when . . . . . . . . .
Qualifications of . . . . . . . . . . . . . . . . .
Reapportionment after each census . . . .
Term of office . . . . . . . . . . . . . . . . . .
Vacancy in office, how filled . . . . . . . .
(See House of representatives; Recall of
officers)
.......
.......
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
3
11
Residence
Not affected by certain absences, for purposes
of voting and eligibility to office . . . . . . . .
Qualifications for voters . . . . . . . . . . . . . . .
Retired persons tax exemption for . . . . . . . .
State officers, where . . . . . . . . . . . . . . . . . .
6
6
7
3
4
1,1A
10
24
.
.
.
.
.
.
.
.
Residential energy conservation
Loan of credit . . . . . . . . . . . . . . . . . . . . . . . . .
8
Retirement
Funds, investment of . . . . . . . . . . . . . . . . . . . . .
Judges of supreme, superior courts . . . . . . . . . . .
Public officers, increase in pension not
extra compensation . . . . . . . . . . . . . . . . . . . .
29
4
[Vol. 0 RCW—page 126]
7
3
7
7
10
1
Review, writ of
Appellate and revisory jurisdiction of
supreme court . . . . . . . . . . . . . . . . . . . . . . . .
Original jurisdiction of superior court . . . . . . . . .
4
4
4
6
Revision of Constitution
Convention for . . . . . . . . . . . . . . . . . . . . . . . . .
23
2
Right of petition
Not to be abridged . . . . . . . . . . . . . . . . . . . . . .
1
4
Right-of-way
Appropriation of property for . . . . . . . . . . . . . . .
(See Eminent domain)
1
16
Right to assemble
Not to be abridged . . . . . . . . . . . . . . . . . . . . . .
1
4
Right to bear arms
Not to be impaired . . . . . . . . . . . . . . . . . . . . . .
Restriction on employment of armed men by
private persons . . . . . . . . . . . . . . . . . . . . . . .
1
24
1
24
Rights
Declaration of . . . . . . . . . . . . . . . . . . . . . . . . .
Enumerated, not to affect others retained . . . . . . .
Not affected by change in government . . . . . . . .
Reservation of rights in people (See
Initiative and referendum)
1
1
27
1-2
30
1
Road district
Vacancy in office, how filled . . . . . . . . . . . . . . .
11
6
Rolling stock
Personal property, subject to taxation and
execution sale . . . . . . . . . . . . . . . . . . . . . . . .
12
17
Rules of court
Assignment of business of superior court
under . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Court of appeals, governing . . . . . . . . . . . . . . . .
Judges of superior courts to establish . . . . . . . . .
4
4
4
5
30
24
Rules of proceedings
Each house to determine . . . . . . . . . . . . . . . . . .
2
9
.
.
2
3
4
11
28
30
4
25
25
13
8
1
1
22
.
.
.
11
28
28
5,8
1
1
.
.
.
.
.
4
4
28
4
28
13,14
10
1
18
1
Revenue and taxation
Corporate property subject same as individual
(Stricken by Amendment 14) . . . . . . . . . . . . .
Exemptions from taxation (See Taxation)
Retired persons property tax exemption . . . . . . . .
Uniform and equal rate required . . . . . . . . . . . . .
(See Taxation)
Roads (See Highways; State roads; Streets and roads)
Reprieves
Report of, by governor to legislature . . . . . . . . . .
.
.
.
.
10
11
1
1
1
1
26
7
2
10
1
3(a)
25
Salaries
Change in, during term of public officer
(Partially repealed by Amendment 54) . . . . . . .
(Amendment 54) . . . . . . . . . . . . . . . . . . . . .
Clerk of supreme court . . . . . . . . . . . . . . . . . .
County, township, precinct, and district
officers . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Establishment . . . . . . . . . . . . . . . . . . . . . . . . .
Independent commission to set . . . . . . . . . . . . .
Judges of supreme and superior courts
(partially superseded by Amendment 78) . . . .
Justice of peace in certain cities . . . . . . . . . . . .
Referendum by people when changed . . . . . . . .
Reporter of supreme court . . . . . . . . . . . . . . . .
State officers (Amendment 20) (Amendment 78)
(2004 Ed.)
Index to State Constitution
Attorney general (Partially superseded
by Amendment 78) . . . . . . . . . . . . . . . .
Auditor (Partially superseded by
Amendment 78) . . . . . . . . . . . . . . . . . .
Commissioner of public lands . . . . . . . . .
Governor (Partially superseded by
Amendment 78) . . . . . . . . . . . . . . . . . .
Legislature, members of (Partially
superseded by Amendment 78) . . . . . . .
Lieutenant governor (Partially superseded
by Amendment 78) . . . . . . . . . . . . . . . .
Secretary of state (Partially superseded
by Amendment 78) . . . . . . . . . . . . . . . .
Superintendent of public instruction
(Partially superseded by Amendment 78)
Treasurer (Partially superseded by
Amendment 78) . . . . . . . . . . . . . . . . . .
....
3
21
....
....
3
3
20
23
....
3
14
....
2
23
....
3
16
....
3
17
....
3
22
....
3
19
Sanitary regulations
County, city, and town may enforce . . . . . . . . . .
11
11
School district
Exemption of property from taxation . . . . . . . . .
Indebtedness, limitations on . . . . . . . . . . . . . . . .
7
8
1
6
School elections
Women may be permitted to vote (Stricken by
Amendment 5) . . . . . . . . . . . . . . . . . . . . . . .
School fund
Applied exclusively to common schools . . . . . . .
Apportionment by special act forbidden . . . . . . .
Bonds, investment in (Amendment 1)
Enlargement of . . . . . . . . . . . . . . . . . . . . . . . . .
Interest to be applied to current expenses . . . . . .
Investment . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Loans to private persons or corporations
forbidden (Amended by Amendment 44) . . . .
Losses from, assumed by state . . . . . . . . . . . . . .
Sources from which derived . . . . . . . . . . . . . . .
(See Common school construction fund; Common
school fund; Permanent school fund)
6
2
9
2
2
28(7)
9
9
16
3
3
5
16
9
9
5
5
3
School lands
Sale, manner of . . . . . . . . . . . . . . . . . . . . . . . .
16
Schools
Maintained by public funds to be free from
sectarian control . . . . . . . . . . . . . . . . . . . . . .
Public school system, what included in . . . . . . . .
(See Common schools; Education; High schools;
Normal schools; Public schools)
9
9
4
2
.
.
.
.
3
18
3
27
15
1
18
9
......
27
Seal
Commissions to be sealed . . . . . . . . . . .
Of state, design of . . . . . . . . . . . . . . . .
Custodian, secretary of state to be . . . .
Of superior courts, design of . . . . . . . . .
Of territorial court, county and municipal
officers, to be seals under state . . . . . .
.
.
.
.
Seat of government
Continuity of government in emergency
periods due to enemy attack . . . . . . . . .
Documents, storage . . . . . . . . . . . . . . . . .
Election for, under territorial law . . . . . . .
Form of ballot . . . . . . . . . . . . . . . . . . . .
Location, how determined . . . . . . . . . . . .
Officers residence . . . . . . . . . . . . . . . . . .
Permanent location, how changed . . . . . . .
Provision for determination if no choice at
first election . . . . . . . . . . . . . . . . . . . .
Temporary, to be located where . . . . . . . .
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
8,9
.
.
.
.
.
.
.
2
3
27
27
14
3
14
42
24
15
18
1
24
2
.....
.....
14
14
1
1
Secrecy
In legislative proceedings . . . . . . . . . . . . . . . . .
Of ballot, to be secured at elections . . . . . . . . . .
2
6
11
6
(2004 Ed.)
.
.
.
.
.
.
.
.
.
.
.
2-4
Index
Secretary of state
Attests commissions issued by state . . . . .
Bureau of statistics, etc., to be established
in office of . . . . . . . . . . . . . . . . . . . . .
Delivery of election returns for executive
officers . . . . . . . . . . . . . . . . . . . . . . . .
Duties . . . . . . . . . . . . . . . . . . . . . . . . . .
Election of . . . . . . . . . . . . . . . . . . . . . . .
Initiative measures, filing petitions . . . . . .
Records to be kept at seat of government .
Referendum petition filed with . . . . . . . . .
Residence to be maintained at seat of
government . . . . . . . . . . . . . . . . . . . . .
Salary (See Salaries)
Seal of state to be kept by . . . . . . . . . . . .
Submitting measures to the people pending
enactment of specific legislation
respecting initiative and referendum . . .
Succession to office of governor . . . . . . .
Term of office . . . . . . . . . . . . . . . . . . . .
.....
3
15
.....
2
34
.
.
.
.
.
.
.
.
.
.
.
.
3
3
3
2
3
2
4
17
1
1(a)
24
1(d)
.....
3
24
.....
3
18
.....
.....
.....
2
3
3
1(d)
10
3
9
26
4
4
1
1
32
7
.
.
.
.
.
13
5
5
2
2
1
1
1
1
2
....
....
....
2
2
2
10
8
43
22
2
2
2
2
1
6
6
6
15
2
22
2
28
2
5
2
6
1
23
1
6
1
2
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
Sectarian control
Public schools to be free from . . . . . . . . . . . . . .
Security
Of individual rights, what is essential . . . . . . . . .
Of person in private affairs and home . . . . . . . . .
Senate
Consent to certain appointments by governor
Impeachments tried by . . . . . . . . . . . . . . .
Conviction requires two-thirds vote . . . . .
Legislative authority vested in . . . . . . . . . .
Number of senators . . . . . . . . . . . . . . . . . .
Presiding officer in absence of lieutenant
governor . . . . . . . . . . . . . . . . . . . . . . . .
Quorum, majority to constitute . . . . . . . . . .
Redistricting . . . . . . . . . . . . . . . . . . . . . .
(See Legislature; Senators)
Senatorial districts
Apportionment among counties . . . . . . . . .
Convenient and contiguous territory required
Numbering to be consecutive . . . . . . . . . . .
Representative districts not to be divided . .
Vacancy in office, how filled . . . . . . . . . . .
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Senators
Allotment of . . . . . . . . . . . . . . . . . . . . . . . . . .
Apportionment . . . . . . . . . . . . . . . . . . . . . . . . .
Compensation and mileage . . . . . . . . . . . . . . . .
Elections . . . . . . . . . . . . . .
Impeachments tried by . . . .
Number . . . . . . . . . . . . . . .
Privilege
From arrest, except . . . . .
From civil process, when .
Qualifications . . . . . . . . . . .
Redistricting . . . . . . . . . . .
Recall . . . . . . . . . . . . . . . .
Term of office . . . . . . . . . .
Vacancy in office, how filled
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2
2
2
2
1
2
2
Separate articles
Submission for adoption or rejection
Form of ballot . . . . . . . . . . . . . . .
Prohibition (rejected) . . . . . . . . . .
Woman suffrage (rejected) . . . . . . .
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27
27
27
27
17
18
17
17
Sessions, legislative
Duration . . . . . . . . . . . .
Must be open, exceptions
Regular . . . . . . . . . . . . .
Special . . . . . . . . . . . . .
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2
2
2
2
12
11
12
12
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16
16
7
43
33,34
6
15
[Vol. 0 RCW—page 127]
Index
Constitution of the State of Washington
Vetoed bills, extraordinary session
to reconsider . . . . . . . . . . . . . . . . . . . . . . . . .
Settlement of land
Taking of property for is public use . . . . . . . . . .
Sewers
City or town may contract debt for,
limitations . . . . . . . . . . . . . . . . . . . . . . . . . .
Sex
Denial of franchise on account of, legislature
may provide against in school elections
(Stricken by Amendment 5) . . . . . . . . . .
Discrimination in education on account of,
prohibited . . . . . . . . . . . . . . . . . . . . . . .
Equal rights . . . . . . . . . . . . . . . . . . . . . . .
Sex qualifications for voting abolished
(Amendment 63) . . . . . . . . . . . . . . . . . .
Credit not to be loaned . . . . . . . . . . . . . . . . . . .
3
1
8
16
6
....
6
2
....
....
9
31
1
1,2
....
6
1
Sheriffs
Election, duties, terms, etc., to be provided
for by legislature . . . . . . . . . . . . . . . . . . . . . .
11
5
Shores and beds of navigable waters
Assertion of state ownership . . . . . . . . . . . . . . .
Disclaimer by state where patented, exception . . .
17
17
1
2
Soldiers
Nonresident, excluded from enumeration of
state inhabitants . . . . . . . . . . . . . . . . . . . . . . .
Quartering in private house forbidden,
exceptions . . . . . . . . . . . . . . . . . . . . . . . . . .
Soldiers’ home
Admission granted to certain state militiamen,
Union soldiers, sailors, and marines . . . . . . . . .
Maintenance by state to be provided for . . . . . . .
Special election
Recall of public officers, election on
petition for . . . . . . . . . . . . . . . . . . . . . . . . . .
Reference of measures to people at . . . . . . . . . . .
8
12
5
9
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27
5
....
27
3
....
....
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8
8
8
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26
2
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22
9
1-2
1
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15
26
16
1
2
1
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17
1
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26
13
2
7
4
1
26
1
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26
27
16
3
4
3
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17
2
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2
State board of health
Legislature to establish . . . . . . . . . . . . . . . . . . .
20
1
State building authority
Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
9
14
14
1
2
27
5,8,10
12
2
43
1
31
Criminal prosecutions continued in name of
state on change of government . . . . . . . .
Debts, fines, penalties, and forfeitures,
accrued to territory inure to state . . . . . . .
Debts
Limitation on power . . . . . . . . . . . . . . .
Money raised, how applied . . . . . . . . . . .
Power to contract . . . . . . . . . . . . . . . . .
Disclaimer of title to federal and Indian
lands . . . . . . . . . . . . . . . . . . . . . . . . . .
Division into senatorial and representative
districts . . . . . . . . . . . . . . . . . . . . . . . .
Education, duty to provide for all children .
Harbors, restriction on sale of lands or
rights in . . . . . . . . . . . . . . . . . . . . . . . .
Indian lands, when taxable . . . . . . . . . . . .
Lands granted to, held in trust for people . .
Ownership of beds and shores of navigable
waters asserted . . . . . . . . . . . . . . . . . . .
Public schools, assumption of duty of
establishing . . . . . . . . . . . . . . . . . . . . . .
State institutions to be supported . . . . . . . .
Suits against the state . . . . . . . . . . . . . . . .
Taxation, state property exempt from . . . . .
Territory
Debts and liabilities of, assumption by . . .
Property of, passes to state . . . . . . . . . . .
Timber and stone on state lands, sale of . . .
Title in lands patented by United States
disclaimed by . . . . . . . . . . . . . . . . . . . .
Validation by special law of void official
acts against the state not prohibited . . . . .
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1-3
1
1-3
28(12)
State auditor (See Auditor)
10
10
1
2
3
3
33,34
1(d)
Special legislation
Prohibited in enumerated cases . . . . . . . . . . . . .
2
28
State capital
Location, how made . . . . . . . . . . . . . . . . . . . . .
Change of, method . . . . . . . . . . . . . . . . . . . . . .
(See Seat of government)
Special privileges
Grant of, prohibited . . . . . . . . . . . . . . . . . . . . .
Invalid, when . . . . . . . . . . . . . . . . . . . . . . . . . .
1
12
12
2
State courts
Jurisdiction of actions in territorial courts
to be assumed by . . . . . . . . . . . . . . . . . . . . .
Special taxation
For local improvements authorized . . . . . . . . . . .
7
9
Speech
Liberty of, guaranteed . . . . . . . . . . . . . . . . . . . .
1
5
Speedy trial
Right of accused . . . . . . . . . . . . . . . . . . . . . . . .
1
22
Standing army
Not to be kept in time of peace . . . . . . . . . . . . .
1
31
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24
8
1
9
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25
25
26
1
1
1-4
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27
13
State land commissioner (See Commissioner of
public lands)
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2
2
42
29
State lands (See Lands; Public lands)
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12
9
State
Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . .
Building authority . . . . . . . . . . . . . . . . . . . . .
Cession to United States of exclusive
legislation over certain lands . . . . . . . . . . . .
Reservation of right to serve process . . . . . .
Compact with United States . . . . . . . . . . . . . .
Congressional districts, division into
(Repealed by Amendment 74) . . . . . . . . . . .
Continuity of government in emergency periods
due to enemy attack . . . . . . . . . . . . . . . . . .
Convict labor not to be let out by contract . . .
Corporations, ownership of stock in or loaning
credit to, prohibited . . . . . . . . . . . . . . . . . .
[Vol. 0 RCW—page 128]
State indebtedness
Annual expenses and state debt to be met by
taxation (Amended by Amendment 14) . .
Limit of aggregate debt . . . . . . . . . . . . . . .
Increase allowed to repel invasion . . . . . .
Also for single work or object, after
submission to vote . . . . . . . . . . . . . . .
Losses in permanent school fund assumed
as state debt . . . . . . . . . . . . . . . . . . . . .
State building authority . . . . . . . . . . . . . . .
State may contract debts to meet . . . . . . . .
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7
8
8
1
1
2
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8
3
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9
8
8
5
9
1
1
11
13
13
1
1
State institutions
Chaplains . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Officers appointed by governor, with advice
of senate . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Support by state required . . . . . . . . . . . . . . . . . .
State militia (See Militia)
(2004 Ed.)
Index to State Constitution
State officers
Abolition of certain offices, power
granted legislature . . . . . . . . . . . . . . . . . . . .
Compensation, change during term (See Salaries)
Duties of, temporary succession to during
emergency . . . . . . . . . . . . . . . . . . . . . . . . .
Elections
Contested, legislature to decide . . . . . . . . . . .
First under Constitution, how and when . . . . .
Quadrennial . . . . . . . . . . . . . . . . . . . . . . . .
Ties to be settled by legislature . . . . . . . . . . .
Time of . . . . . . . . . . . . . . . . . . . . . . . . . . .
Governor may require information from . . . . . .
Impeachment, who liable to . . . . . . . . . . . . . . .
Information to be furnished to governor in
writing by . . . . . . . . . . . . . . . . . . . . . . . . . .
Passes, acceptance and use prohibited . . . . . . . .
Qualifications . . . . . . . . . . . . . . . . . . . . . . .
Records, to be kept at seat of government . . .
Removal of those not subject to impeachment
Residence of certain, at state capital . . . . . . .
Salaries (See Salaries)
Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(See Officers; Public officers)
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3
25
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2
3
27
6
3
6
3
5
4
7
8
4
8
5
2
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3
12
2
3
3
5
3
5
20
39
25
24
3
24
...
3
Streets and roads
Extension over tide lands permitted . . . . . . . . . .
Opening or altering under special laws
prohibited, exceptions . . . . . . . . . . . . . . . . . .
(See Highways)
15
3
2
28(2)
Students
Absence does not affect right to vote . . . . . . . . .
6
4
Subpoena
Accused in criminal action has right to
compel attendance of witnesses . . . . . . . . . . . .
1
22
6
2
1
19
2
26
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3
3
3
22
1
24
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3
3
10
3
42
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Index
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State offices
Abolition of certain, permitted . . . . . . . . . . . . . .
Eligibility to . . . . . . . . . . . . . . . . . . . . . . . . . .
State reformatories
Chaplain, employment of . . . . . . . . . . . . . . . . . .
3
3
1
25
25
Suits against state
Legislature to direct . . . . . . . . . . . . . . . . . . . . .
Superintendent of public instruction
Duties . . . . . . . . . . . . . . . . . . . . . . . . .
Election of . . . . . . . . . . . . . . . . . . . . . .
Records to be kept at seat of government
Salary (See Salaries)
Succession to office of governor . . . . . .
Term of office . . . . . . . . . . . . . . . . . . .
11
State roads
Opening by special law prohibited, except . . . . . .
2
28(2)
State school tax
Applied exclusively to common schools . . . . . . .
9
2
State seal
Description and custody . . . . . . . . . . . . . . . . . .
3
18
7
7
State taxes (See Taxation)
State treasurer (See Treasurer)
Statement of receipts and expenditures
Annual publication required . . . . . . . . . . . . . . . .
Suffrage
Denial on account of sex, legislature may
provide against in school elections
(Stricken by Amendment 5) . . . . . . . . . . . . . .
Exercise of right to be free, equal and
undisturbed . . . . . . . . . . . . . . . . . . . . . . . . . .
Qualifications of voters (See Voter)
Statistics
Bureau of, established . . . . . . . . . . . . . . . . . . . .
2
34
Statutes
Enacting clause, style of . . . . . . . . . . . . . . . . . .
When take effect (Stricken by Amendment 7) . .
(See Acts; Bill; Laws)
2
2
18
31
Stockholders
Consent necessary to increase corporate stock
Joinder as parties defendant in actions
against corporation . . . . . . . . . . . . . . . . .
Liability for corporate debts . . . . . . . . . . . . .
In banking, insurance and joint stock
companies . . . . . . . . . . . . . . . . . . . . . . .
(See Corporations; Stock of corporations)
...
12
6
...
...
12
12
4
4
...
12
11
Stock of corporations
Counties, cities, etc., not to own, except . .
Fictitious increase void . . . . . . . . . . . . . .
Increase allowed only under general law . .
With consent of majority of stockholders
Issued only to bona fide holders . . . . . . . .
(See Corporations; Stockholders)
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8
12
12
12
12
7
6
6
6
6
Stone
Sale from state lands authorized . . . . . . . . . . . . .
16
Superior court
Actions, review of . . . . . . . . . . . . . . . . . . .
Assignment of judges by supreme court . . . .
Assignment of judges by governor . . . . . . . .
Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Court commissioners, appointed . . . . . . . . . .
Court of record . . . . . . . . . . . . . . . . . . . . .
Decisions of causes to be made within
ninety days . . . . . . . . . . . . . . . . . . . . . . .
Election and districts . . . . . . . . . . . . . . . . . .
First, contests to be determined how . . . . .
Eligibility to . . . . . . . . . . . . . . . . . . . . . . .
Equity jurisdiction . . . . . . . . . . . . . . . . . . .
Grand jury summoned only on order of judge
Judges
Each, where more than one, invested with
powers of all . . . . . . . . . . . . . . . . . . . . .
Election of . . . . . . . . . . . . . . . . . . . . . . .
Number and distribution . . . . . . . . . . . . . .
Pro tempore, when authorized . . . . . . . . . .
Retirement . . . . . . . . . . . . . . . . . . . . . . .
Sits in any county, when . . . . . . . . . . . . .
Supreme court duty, performance upon
request . . . . . . . . . . . . . . . . . . . . . . . . .
Term of office . . . . . . . . . . . . . . . . . . . .
Judicial power, vested in . . . . . . . . . . . . . . .
Jurisdiction, original and appellate . . . . . . . .
Naturalization, power of . . . . . . . . . . . . . . .
Open, except on nonjudicial days . . . . . . . . .
Other court, perform duties in . . . . . . . . . . .
Probate courts, appellate jurisdiction over . . .
Process extends to all parts of state . . . . . . .
Report to supreme court defects in laws . . . .
Retirement of judges . . . . . . . . . . . . . . . . . .
Review by court of appeals or supreme court
Rules of practice, shall establish . . . . . . . . . .
Salary (See Salaries)
Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sessions and distribution of business . . . . . .
Territorial causes and records pass to . . . . . .
Vacancies, governor to fill . . . . . . . . . . . . . .
Writs, power to issue . . . . . . . . . . . . . . . . .
(See Judges of superior court)
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4
4
4
4
4
4
30
2(a)
5
26
23
11
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4
4
27
4
4
1
20
5,29
12
17
6
26
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4
4
4
4
4
4
5
5,29
5
7
3(a)
7
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4
4
4
4
4
4
4
27
4
4
4
4
4
2(a)
5
1
6
6
6
2(a)
10
6
25
3(a)
30
24
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27
4
27
4
4
9
5
5,8
5
6
3
(2004 Ed.)
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[Vol. 0 RCW—page 129]
Index
Supreme court
Assignment of superior court judges by . . .
Chief justice, how determined . . . . . . . . . .
Clerk to be appointed . . . . . . . . . . . . . . . .
Court of appeals, rules governing . . . . . . . .
Court of record . . . . . . . . . . . . . . . . . . . .
Decisions to be in writing and state grounds
Departments of court may be provided . . . .
Election of judges . . . . . . . . . . . . . . . . . . .
Eligibility to office . . . . . . . . . . . . . . . . . .
Judges
Court to consist of five . . . . . . . . . . . . .
Number may be increased . . . . . . . . . . .
Retirement . . . . . . . . . . . . . . . . . . . . . .
Salary (See Salaries)
Term of office . . . . . . . . . . . . . . . . . . .
Judicial power vested in . . . . . . . . . . . . . .
Jurisdiction, original and appellate . . . . . . .
Open except on nonjudicial days . . . . . . . .
Opinions to be published . . . . . . . . . . . . . .
Power to censure, remove, etc., judges and
justices . . . . . . . . . . . . . . . . . . . . . . . . .
Power to issue writs . . . . . . . . . . . . . . . . .
Quorum, majority of judges to form and
pronounce decisions . . . . . . . . . . . . . . . .
Report of defects in laws to be made to
governor . . . . . . . . . . . . . . . . . . . . . . . .
Reporter to be appointed . . . . . . . . . . . . . .
Retirement of judges . . . . . . . . . . . . . . . . .
Review of superior court actions . . . . . . . .
Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sessions to be held where . . . . . . . . . . . . .
Temporary judicial duties in . . . . . . . . . . .
Territorial supreme court, when jurisdiction
over causes passes to state court . . . . . . .
Vacancies, how filled . . . . . . . . . . . . . . . .
(See Judges of supreme court)
Constitution of the State of Washington
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4
4
4
4
4
4
4
4
4
2(a)
3
22
30
11
2
2
3
17
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....
4
4
4
2
2
3(a)
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4
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4
4
3
41
4
2
21
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4
4
31
4
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4
2
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4
4
4
4
27
4
4
25
18
3(a)
30
9
3
2(a)
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27
4
8
3
Supreme court clerk . . . . . . . . . . . . . . . . . . . . . .
4
22
Supreme court reporter . . . . . . . . . . . . . . . . . . .
4
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Supreme law
Constitution of United States is . . . . . . . . . . . . .
Surgery
Practice of, to be regulated by law . . . . . . . . . . .
Swamp and overflowed lands
Disclaimer by state of title to patented . . . . . . . .
Taxation
Ad valorem tax on mines and reforested lands
Agricultural lands, actual use . . . . . . . . . . . .
Assessment or collection by special laws
prohibited . . . . . . . . . . . . . . . . . . . . . . . .
Cities, power, to assess and collect local
taxes . . . . . . . . . . . . . . . . . . . . . . . . . . .
Counties, power to assess and collect local . .
Deficiencies, state tax may be levied for . . . .
Exemptions allowed for certain property . . . .
Indian lands, when . . . . . . . . . . . . . . . . .
Public property exemption . . . . . . . . . . . .
Real property, retired persons . . . . . . . . . .
United States lands, when . . . . . . . . . . . . .
Farms, actual use . . . . . . . . . . . . . . . . . . .
Federal agencies and property may be taxed,
when . . . . . . . . . . . . . . . . . . . . . . . . . .
Gasoline (certain) taxes limited to highway
purposes only . . . . . . . . . . . . . . . . . . . .
Head of family exemption . . . . . . . . . . . . .
Indian lands, patented, how taxed . . . . . . . .
Intangible property . . . . . . . . . . . . . . . . . .
Jurisdiction
Appellate, of supreme court . . . . . . . . . .
Original, of superior court . . . . . . . . . . .
[Vol. 0 RCW—page 130]
1
20
17
2
2
2
...
...
7
7
1
11
...
2
28(5)
....
11
11
7
7
26
7
7
7
26
7
12
12
8
1
2
1
10
1
2
11
....
7
3
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2
7
26
7
40
1
2
1
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4
4
4
6
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Law imposing tax must state object . . . . .
Legislative power to provide for exemption
Levy only in pursuance of law . . . . . . . . .
Proceeds applied only to object stated . .
Property subject to . . . . . . . . . . . . . . . .
Local, legislature no power to impose . . . .
Mines and mineral resources, yield tax or
ad valorem tax on . . . . . . . . . . . . . . . .
Municipal corporations
Authority to assess and collect taxes . . .
Power to assess and collect local taxes .
Nonresidents, lands of, how taxed . . . . . .
Open space lands, actual use . . . . . . . . . .
Power of taxation . . . . . . . . . . . . . . . . . .
Property subject to . . . . . . . . . . . . . . . . .
Property tax limited to 1 per cent of true
and fair value . . . . . . . . . . . . . . . . . . .
Public purposes, taxation limited to . . . . .
Real estate, uniformity of taxation of . . . .
Real property, retired persons exemption . .
Rolling stock of railroads subject to . . . . .
Special assessments for local improvements
Standing timber, actual use . . . . . . . . . . .
State purposes
Payable into treasury in money only . . .
Taxes for, no commutation of county’s
proportionate share . . . . . . . . . . . . . . .
Surrender of state’s power to tax corporate
property prohibited (Stricken by
Amendment 14) . . . . . . . . . . . . . . . . .
Taxable property, defined . . . . . . . . . . . .
Taxing district, defined . . . . . . . . . . . . . .
Timberlands, actual use . . . . . . . . . . . . . .
Towns, power to assess and collect local
taxes . . . . . . . . . . . . . . . . . . . . . . . . .
Uniformity required . . . . . . . . . . . . . . . .
Yield tax authorized for mines and
reforested land . . . . . . . . . . . . . . . . . .
(See Revenue and taxation)
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7
7
7
7
7
11
5
1
5
5
1
12
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7
1
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7
11
26
7
7
7
9
12
2
11
1
1,2
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7
7
7
7
12
7
7
2
1
1
10
17
9
11
.....
7
6
.....
11
9
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7
7
7
7
4
1
2
11
.....
.....
11
7
12
1,9
.....
7
1
Technical schools
Included in public school system . . . . . . . . . . . .
9
2
.....
.....
12
12
19
19
.....
.....
12
12
19
19
.....
12
19
.....
12
19
...
11
7
...
11
8
...
27
14
...
3
25
........
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3
3
3
3
3
4
........
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27
3
30
16
3
1
........
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11
3
5
2
Telegraph and telephone companies
Common carriers . . . . . . . . . . . . . . . . . .
Construction of lines authorized . . . . . . . .
Delay and discrimination in handling
messages prohibited . . . . . . . . . . . . . . .
Eminent domain, right extended to . . . . . .
Railroads to grant like facilities to all
companies . . . . . . . . . . . . . . . . . . . . .
Rights-of-way, railroads must allow use for
construction of lines . . . . . . . . . . . . . .
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Tenure of office
County officers ineligible for more than two
terms in succession (Repealed by
Amendment 22) . . . . . . . . . . . . . . . . . . .
Extension of term not to be granted to county
and local officers . . . . . . . . . . . . . . . . . . .
In office at adoption of Constitution, how
long to hold . . . . . . . . . . . . . . . . . . . . . .
State treasurer ineligible for succeeding
term (Amended by Amendment 31) . . . . .
(See Recall of officers; Term of office)
Term of office
Attorney general . . . . . . . . . . . . . . . .
Auditor of state . . . . . . . . . . . . . . . .
Commencement of term . . . . . . . . . .
Of first officers elected under
Constitution . . . . . . . . . . . . . . . . .
Commissioner of public lands . . . . . .
Compensation increase during term . .
County, district, precinct and township
officers . . . . . . . . . . . . . . . . . . . . .
Governor . . . . . . . . . . . . . . . . . . . . .
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(2004 Ed.)
Index to State Constitution
Judges of supreme court . . . . . . . . . . . .
Of superior court . . . . . . . . . . . . . . . .
Lieutenant governor . . . . . . . . . . . . . . .
Officers not provided for in Constitution,
legislature to fix . . . . . . . . . . . . . . . .
Representatives . . . . . . . . . . . . . . . . . .
Secretary of state . . . . . . . . . . . . . . . . .
Senators . . . . . . . . . . . . . . . . . . . . . . .
Superintendent of public instruction . . . .
Treasurer of state . . . . . . . . . . . . . . . . .
(See Recall of officers; Tenure of office)
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Territory
Accrued debts, fines, etc., inure to state . .
Bonds and recognizances given to, pass to
state . . . . . . . . . . . . . . . . . . . . . . . . . .
Courts of, continue until when . . . . . . . . .
Causes transferred to state courts . . . . .
Debts of, assumed by state . . . . . . . . . . .
Existing counties to be subdivisions of
state . . . . . . . . . . . . . . . . . . . . . . . . . .
Existing rights, suits, etc., change in form
of government not to affect . . . . . . . . .
Laws to remain in force, conditions . . . . .
Except those granting tide lands . . . . . .
Liabilities, assumption of, by state . . . . . .
Officers to hold until superseded by state
officers . . . . . . . . . . . . . . . . . . . . . . . .
Process to be valid . . . . . . . . . . . . . . . . .
Property of, to vest in state . . . . . . . . . . .
Testimony
Accused not required to testify against
himself . . . . . . . . . . . . . . . . . . . . . . .
Except in case of bribery or corrupt
solicitation . . . . . . . . . . . . . . . . . . . .
Right of accused to testify . . . . . . . . . . .
Treason, what necessary for conviction . .
Weight of, not affected by religious belief
(See Evidence)
4
4
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3
5
3
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2
3
2
3
3
11
4,5
3
6
3
3
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27
3
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27
27
26
4
8
5,8
3
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27
27
26
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30
22
27
11
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Tide lands
Ownership by state asserted . . . . . . . . . . . .
Streets may be extended over, by municipal
corporations . . . . . . . . . . . . . . . . . . . . .
Title to lands patented disclaimed by state . .
Vested rights may be asserted in courts . . . .
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Index
Towns and villages
Amendment of charter by special act
prohibited . . . . . . . . . . . . . . . . . . . . . . . .
Bonds, nonrecourse revenue for industrial
development projects . . . . . . . . . . . . . . . .
Corporate stock or bonds not to be owned by
Credit not to be loaned, except . . . . . . . . . . .
Indebtedness, limitations on . . . . . . . . . . . . .
Moneys to be deposited with treasurer . . . . .
Use of, by official, a felony . . . . . . . . . . .
Officers
Salaries of, change during term
(Partially repealed by Amendment 54) . . .
(Amendment 54) . . . . . . . . . . . . . . . . . .
Term not to be extended . . . . . . . . . . . . .
Organization under general laws required . . .
Police and sanitary regulations may be
enforced . . . . . . . . . . . . . . . . . . . . . . . . .
Taxation
Local, legislature not to impose . . . . . . . .
Power of . . . . . . . . . . . . . . . . . . . . . . . .
Special assessments for local improvements
authorized . . . . . . . . . . . . . . . . . . . . . . .
(See Municipal corporations; Municipal
courts; Municipal fines)
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8
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11
11
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15
14
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11
30
11
11
8
1
8
10
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11
11
...
...
11
11
12
12
...
7
9
11
4
11
4
11
5
11
11
11
11
8
6
1
22
.....
12
18
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12
12
13
15
.....
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12
12
12
15
18
20
.....
12
14
Treason
Acts constituting . . . . . . . . . . . . . . . . . . . . . . . .
Evidence necessary for conviction . . . . . . . . . . .
1
1
27
27
....
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3
3
19
1
....
....
....
3
3
3
25
24
24
....
....
3
3
10
3
be
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11
8
7
15
4
6
Townships
County may adopt township form of organization
by majority vote . . . . . . . . . . . . . . . . . . . . . .
Local affairs to be managed under general
laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Officers, election, duties, terms,
compensation to be prescribed by
legislature . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police and sanitary regulations, power to
enforce . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Term of office not to be extended . . . . . . . . . . .
Vacancies in office, how filled . . . . . . . . . . . . . .
(See Towns and villages)
1
....
....
....
15
17
17
3
2
1
Tide waters
Control and regulation within harbor areas . . . . .
15
1-3
16
3
9
7
3
11
28(8)
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Trains
Jurisdiction of public offense committed on . . . . .
....
2
Timber
Sale from state lands authorized, how . . . . . . . . .
Sale, proceeds to common school construction
fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Taxation based on actual use . . . . . . . . . . . . . . .
Timberlands
Reforestation lands, yield tax . . . . . . . . . . . . . . .
Sale of, when valid . . . . . . . . . . . . . . . . . . . . . .
Taxation based on actual use . . . . . . . . . . . . . . .
7
16
7
1
3
11
Time
Petition for initiative measures, time for
filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referendum petition, time for filing . . . . . . . . . .
2
2
Title
Assertion by state in tide lands . . . . . . . . . . . . .
Disclaimer by state to patented lands . . . . . . . . .
17
17
1
2
Tolerance
Secured in matters of religious sentiment . . . . . .
26
1
Toll
Appellate jurisdiction of supreme court . . . . . . . .
Original jurisdiction of superior court . . . . . . . . .
(2004 Ed.)
4
4
1(a)
1(d)
4
6
Transportation companies
Commission to regulate may be established
Common carriers, subject to legislative
control . . . . . . . . . . . . . . . . . . . . . . . .
Discrimination in charges prohibited . . . . .
Excursion and commutation tickets may be
issued . . . . . . . . . . . . . . . . . . . . . . . . .
Legislature may regulate rates . . . . . . . . .
Passes not to be granted public officers . . .
Pooling earnings prohibited (Repealed by
Amendment 67) . . . . . . . . . . . . . . . . .
(See Railroad companies)
Treasurer
Duties . . . . . . . . . . . . . . . . . . . . . . . . . . .
Election of . . . . . . . . . . . . . . . . . . . . . . . .
Ineligibility for succeeding term (Amended
by Amendment 31) . . . . . . . . . . . . . . . .
Records to be kept at seat of government . .
Residence must be at seat of government . .
Salary (See Salaries)
Succession to governorship . . . . . . . . . . . .
Term of office . . . . . . . . . . . . . . . . . . . . .
Treasury
Moneys collected by municipal officers to
paid into . . . . . . . . . . . . . . . . . . . . . .
Paid out of state, when and how . . . . . .
State taxes to be paid into . . . . . . . . . . .
[Vol. 0 RCW—page 131]
Index
Constitution of the State of Washington
Trial by jury
Criminal action, right of accused in . . . . . . .
Number of jurors in courts not of record . . . .
Right of, remains inviolate . . . . . . . . . . . . .
Waiver in civil cases . . . . . . . . . . . . . . . .
Verdict by less than twelve may be authorized
in civil cases . . . . . . . . . . . . . . . . . . . . . .
Village (See Towns and villages)
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1
1
1
1
22
21
21
21
...
1
21
Trustees
Appointment for state institutions . . . . . . . . . . . .
13
1
Trusts
Forfeiture of property and franchise may be
declared for . . . . . . . . . . . . . . . . . . . . . . . . .
Prohibited under penalty . . . . . . . . . . . . . . . . . .
12
12
22
22
Twice in jeopardy
Not to be subjected to for same offense . . . . . . .
1
9
Uniformity
In system of county government to be
provided for . . . . . . . . . . . . . . . . . . . . . . . . .
In taxation, required . . . . . . . . . . . . . . . . . . . . .
11
7
United States
Compact of state with . . . . . . . . . . . . . . . .
Consent of, necessary for disposing of
certain lands . . . . . . . . . . . . . . . . . . . . .
Constitution is supreme law of land . . . . . .
Exclusive jurisdiction over certain lands . . .
Officers for territory hold until superseded
by state . . . . . . . . . . . . . . . . . . . . . . . .
Office under, acceptance vacates seat in
legislature . . . . . . . . . . . . . . . . . . . . . . .
President, qualifications to vote for . . . . . . .
Taxation of agencies and property permitted,
when . . . . . . . . . . . . . . . . . . . . . . . . . .
Taxation of lands of, not to be imposed . . .
Title to unappropriated lands remains in . . .
(See Congress; Federal officers; Forts;
Dockyards, etc; Indian lands)
Vacancies in office
Township, precinct and road district filled
by county commissioners . . . . . . . . . .
Continuity of government in periods of
emergency due to enemy attack . . . . .
County partisan elective offices . . . . . . .
Governor . . . . . . . . . . . . . . . . . . . . . . .
Judges of supreme and superior courts . .
Legislature . . . . . . . . . . . . . . . . . . . . . .
Partisan county elective office . . . . . . . .
State, filled by governor until next
election . . . . . . . . . . . . . . . . . . . . . .
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25
1
2
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27
6
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14
1A
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26
26
3
2
2
11
6
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3
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10
3,5
15
15
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27
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6
6
6
6
6
15
27
6
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1A
7
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6
4
2
29
...
6
4
....
....
6
6
4
1
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2
6
1(d)
1
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6
5
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2
1(d)
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2
1(a)
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6
6
6
1(a)
1A
5
1
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1
6
6
33,34
7
1
Voter’s pamphlet
Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
1(e)
Waiver
Of jury trial for ascertaining compensation
for eminent domain . . . . . . . . . . . . . . . . . . . .
1
16
....
21
1
....
8
10
....
....
8
15
6
1
Ways of necessity
Taking of private property for . . . . . . . . . . . . . .
(See Eminent domain)
1
16
Wharves
Harbor areas to be leased for, limitations . . . . . .
(See Area reserved; Harbors; Navigable waters)
15
2
Wills
Validation by special law prohibited . . . . . . . . . .
2
28(9)
1
22
Vote
By ballot on all elections . . . . . . . . . . . . . . .
First election to be under territorial law . . . .
Legislative elections to be viva voce . . . . . . .
Legislature to provide method . . . . . . . . . . .
Persons not entitled to . . . . . . . . . . . . . . . . .
President, for . . . . . . . . . . . . . . . . . . . . . . .
Registration a prerequisite, when . . . . . . . . .
School elections, women may be given right
(Stricken by Amendment 5) . . . . . . . . . . .
Superior court judge, for . . . . . . . . . . . . . . .
Temporary residence of certain persons not to
affect right . . . . . . . . . . . . . . . . . . . . . . .
(See Elections; Electors; Initiative and
referendum; Voter)
Voter
Absence for certain reasons not to affect
rights as . . . . . . . . . . . . . . . . . . . . . . . .
Age . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Basis for ascertaining number of voters
required on referendum petition . . . . . . .
Citizenship qualification . . . . . . . . . . . . . .
Exempt from military duty on election day,
except . . . . . . . . . . . . . . . . . . . . . . . . .
Females as qualified (Amendment 5)
Majority vote required for approval of
measures submitted to popular vote . . . . .
Percentage of voters required on referendum
petition . . . . . . . . . . . . . . . . . . . . . . . . .
Percentage of voters required to propose
initiative measures . . . . . . . . . . . . . . . . .
Presidential elections, qualifications . . . . . .
Privilege from arrest at election, except . . .
Qualifications . . . . . . . . . . . . . . . . . . . . . .
Recall of public officer, percentage of voters
required for . . . . . . . . . . . . . . . . . . . . . .
Registration . . . . . . . . . . . . . . . . . . . . . . .
Residence qualification . . . . . . . . . . . . . . .
(See Elective franchise; Electors; Initiative
and referendum)
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13
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Validating acts
Relating to deeds, etc., by special laws,
prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
28(9)
Validity of statute
Appellate jurisdiction of supreme court . . . . . . . .
4
4
Verdict
Number of jurors may be less than twelve in
civil cases . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
21
Vested rights
In tide lands, protected . . . . . . . . . . . . . . . . . . .
17
1
Veto
Governor’s power of . . . . . . . . . . . . . . . . . . . . .
Measures initiated by or referred to the
people . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Passage over . . . . . . . . . . . . . . . . . . . . . . . . . .
Victims of crimes
Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Vol. 0 RCW—page 132]
20
Witness
Accused as having right to confront . . . . . . . . . .
4
1,9
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Vital statistics
Bureau of, to be created . . . . . . . . . . . . . . . . . .
3
12
2
3
1(d)
12
Water and water rights
Appropriation for irrigation, etc., declared
a public use . . . . . . . . . . . . . . . . . . . . .
Loaning of credit for water, energy, or
stormwater or sewer services conservation
Municipal corporations, indebtedness for,
limitations . . . . . . . . . . . . . . . . . . . . . .
Restrictions on sale by state . . . . . . . . . . . .
1
35
(2004 Ed.)
Index to State Constitution
Crimination of self in bribery cases
compulsory . . . . . . . . . . . . . . . . . . . . . .
Not compelled to testify against himself . . .
Number necessary for conviction in treason .
Religious belief not ground of incompetency
(See Testimony)
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2
1
1
1
30
9
27
11
Woman suffrage
Adoption of (Amendment 5)
Denial in school elections may be provided
against (Stricken by Amendment 5) . . . . . . . .
Separate article submitted (rejected) . . . . . . . . . .
6
27
2
17
Women
Equal rights . . . . . . . . . . . . . . . . . . . . . . . . . . .
31
Worship, religious
Freedom guaranteed . . . . . . . . . . . . . . . . . . . . .
1
11
Writs
Issuance and service on nonjudicial days . . . . . . .
Issuance by supreme court . . . . . . . . . . . . . . . . .
Issuance by superior court . . . . . . . . . . . . . . . . .
(See Habeas corpus)
4
4
4
6
4
6
Yeas and nays
Allowing introduction of bills within ten
days of adjournment . . . . . . . . . . . . . . . .
Entered on journal upon demand of members
Taken on final passage of bills . . . . . . . . . . .
On passage of emergency clauses
(Stricken by Amendment 7) . . . . . . . . . . .
(See Ayes and noes)
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2
2
2
36
21
22
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2
31
(2004 Ed.)
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Index
1,2
[Vol. 0 RCW—page 133]
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