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VOLUME 1
Titles 1 through 8
2010
REVISED CODE OF WASHINGTON
Published under the authority of chapter 1.08 RCW.
Containing all laws of a general and permanent nature through the 2010 special session which
adjourned April 13, 2010.
(2010 Ed.)
[Preface—p i]
REVISED CODE OF WASHINGTON
2010 Edition
©
2010 State of Washington
CERTIFICATE
The 2010 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.
MARTY BROWN, Chair
STATUTE LAW COMMITTEE
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[Preface—p ii]
(2010 Ed.)
TABLE OF CONTENTS
DOCUMENTS
Constitution of the United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page
Organic Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page
Enabling Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page
Constitution of the State of Washington . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page
1
11
17
25
RESEARCH AIDS
Codification Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page
These tables show the RCW placement of session law sections.
Table of Initiatives and Referenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page
This table shows the placement of initiatives and referendums in the session laws.
The RCW placement can be found by using the Codification Tables.
244
Table of Disposition of Former RCW Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page
This table contains a numerical list of RCW sections no longer appearing in the code
because of the repeal, expiration, decodification, or recodification of the sections.
(2010 Ed.)
141
245
[Preface—p iii]
PREFACE
Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW
1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits,
constitutes a true decimal, and allows for new sections to be inserted between old sections already consecutively
numbered, merely by adding one or more digits at the end of the number. In most chapters of the code, sections
have been numbered by tens (.010, .020, .030, .040, etc.), leaving vacant numbers between existing sections so that
new sections may be inserted without extension of the section number beyond three digits.
Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An
RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section
should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of
sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030.
History of the Revised Code of Washington; Source notes: The Revised Code of Washington was
adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in
exercise of the powers in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means of
a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law source,
but retaining the general codification scheme originally adopted. An audit trail of this activity has been preserved in
the concluding segments of the source note of each section of the code so affected. The legislative source of each
section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated; thus "1891 c 23
§ 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws of 1854. "Prior"
indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.——" indicates the
parallel citation in Remington's Revised Code, last published in 1949.
Where, before restoration, a section of this code constituted a consolidation of two or more sections of the
session laws, or of sections separately numbered in Remington's, the line of derivation is shown for each component
section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc.
Where, before restoration, only a part of a session law section was reflected in a particular RCW section the
history note reference is followed by the word "part."
"Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification.
Double amendments: Some double or other multiple amendments to a section made without reference to
each other are set out in the code in smaller (8-point) type. See RCW 1.12.025.
Index: Titles 1 through 91 are indexed in the RCW General Index. A separate index is provided for the
State Constitution.
Sections repealed or decodified; Disposition table: Information concerning RCW sections repealed or
decodified can be found in the table entitled "Disposition of former RCW sections."
Codification tables: To convert a session law citation to its RCW number (for Laws of 1999 or later) consult the codification tables. A complete codification table, including Remington’s Revised Statutes, is on the Code
Reviser web site at https://www.leg.wa.gov/codereviser.
Notes: Notes that are more than ten years old have been removed from the print publication of the RCW
except when retention has been deemed necessary to preserve the full intent of the law. All notes are displayed in
the electronic copy of the RCW on the Code Reviser web site at https://www.leg.wa.gov/codereviser.
Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative
process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law.
(2) Although considerable care has been taken in the production of this code, it is inevitable that in so large
a work that there will be errors, both mechanical and of judgment. When those who use this code detect errors in
particular sections, a note citing the section involved and the nature of the error may be sent to: Code Reviser, Box
40551, Olympia, WA 98504-0551, so that correction may be made in a subsequent publication.
(2010 Ed.)
[Preface—p iv]
TITLES OF THE REVISED CODE OF WASHINGTON
1
46
47
Highways and motor vehicles
Motor vehicles
Public highways and transportation
48
Insurance
49
50
51
Labor
Labor regulations
Unemployment compensation
Industrial insurance
52
53
54
55
57
Local service districts
Fire protection districts
Port districts
Public utility districts
Sanitary districts
Water-sewer districts
58
59
60
61
62A
63
64
65
Property rights and incidents
Boundaries and plats
Landlord and tenant
Liens
Mortgages, deeds of trust, and real estate contracts
Uniform Commercial Code
Personal property
Real property and conveyances
Recording, registration, and legal publication
66
67
68
69
70
71
71A
72
73
74
Public health, safety, and welfare
Alcoholic beverage control
Sports and recreation—Convention facilities
Cemeteries, morgues, and human remains
Food, drugs, cosmetics, and poisons
Public health and safety
Mental illness
Developmental disabilities
State institutions
Veterans and veterans' affairs
Public assistance
76
77
78
79
79A
Public resources
Forests and forest products
Fish and wildlife
Mines, minerals, and petroleum
Public lands
Public recreational lands
80
81
Public service
Public utilities
Transportation
82
83
84
Taxation
Excise taxes
Estate taxation
Property taxes
85
86
87
88
89
90
91
Waters
Diking and drainage
Flood control
Irrigation
Navigation and harbor improvements
Reclamation, soil conservation, and land settlement
Water rights—Environment
Waterways
General provisions
2
3
4
5
6
7
8
9
9A
10
11
12
13
Judicial
Courts of record
District courts—Courts of limited jurisdiction
Civil procedure
Evidence
Enforcement of judgments
Special proceedings and actions
Eminent domain
Crimes and punishments
Washington Criminal Code
Criminal procedure
Probate and trust law
District courts—Civil procedure
Juvenile courts and juvenile offenders
14
Aeronautics
15
16
17
Agriculture
Agriculture and marketing
Animals and livestock
Weeds, rodents, and pests
18
19
20
21
22
Businesses and professions
Businesses and professions
Business regulations—Miscellaneous
Commission merchants—Agricultural products
Securities and investments
Warehousing and deposits
23
23B
24
25
Corporations, associations, and partnerships
Corporations and associations (Profit)
Washington business corporation act
Corporations and associations (Nonprofit)
Partnerships
26
Domestic relations
27
28A
28B
28C
Education
Libraries, museums, and historical activities
Common school provisions
Higher education
Vocational education
29A
Elections
30
31
32
33
Financial institutions
Banks and trust companies
Miscellaneous loan agencies
Mutual savings banks
Savings and loan associations
34
35
35A
36
37
38
39
40
41
42
43
44
Government
Administrative law
Cities and towns
Optional Municipal Code
Counties
Federal areas—Indians
Militia and military affairs
Public contracts and indebtedness
Public documents, records, and publications
Public employment, civil service, and pensions
Public officers and agencies
State government—Executive
State government—Legislative
[Preface—p v]
(2010 Ed.)
Constitution of the United States of America
DIGEST
Preamble
Article I Legislative
Sections
1. Legislative powers.
2. House of representatives, how constituted, power
of impeachment.
3. The senate, how constituted, impeachment trials.
4. Election of senators and representatives.
5. Quorum, journals, meetings, adjournments.
6. Compensation, privileges, disabilities.
7. Procedure in passing bills and resolutions.
8. Powers of congress.
9. Limitations upon powers of congress.
10. Restrictions upon powers of states.
Article II Executive
Sections
1. Executive power, election, qualifications of the
president.
2. Powers of the president.
3. Powers and duties of the president.
4. Impeachment.
Article III Judicial
Sections
1. Judicial power, tenure of office.
2. Jurisdiction.
3. Treason, proof and punishment.
Article IV
Sections
1.
2.
3.
4.
Faith and credit among states.
Privileges and immunities, fugitives.
Admission of new states.
Guarantee of republican government.
Article V Amendment of the Constitution
Article VI Debts, supremacy, oath
Article VII Ratification and establishment
Amendments:
No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
(2010 Ed.)
Freedom of religion, of speech, and of the press.
Right to keep and bear arms.
Quartering of soldiers.
Security from unwarrantable search and seizure.
Rights of accused in criminal proceedings.
Right to speedy trial, witnesses, etc.
Trial by jury in civil cases.
Bails, fines, punishments.
Reservation of rights of the people.
Powers reserved to states or people.
11. Restriction of judicial powers.
12. Election of president and vice president.
13. Sections
1. Abolition of slavery.
2. Power to enforce this article.
14. Sections
1. Citizenship rights not to be abridged by
states.
2. Apportionment of representatives in congress.
3. Persons disqualified from holding office.
4. What public debts are valid.
5. Power to enforce this article.
15. Sections
1. Negro suffrage.
2. Power to enforce this article.
16. Authorizing income taxes.
17. Popular election of senators.
18. Sections
1. National liquor prohibition.
2. Power to enforce this article.
3. Ratification within seven years.
19. Woman suffrage.
20. Sections
1. Terms of office.
2. Time of convening congress.
3. Death of president elect.
4. Election of the president.
21. Sections
1. National liquor prohibition repealed.
2. Transportation of liquor into "dry" states.
22. Sections
1. Terms of office of president.
2. When operative.
23. Sections
1. Granting representation in the electoral college to the District of Columbia.
2. Legislation.
24. Sections
1. Failure to pay tax shall not deny right to vote
for federal offices.
2. Legislation.
25. Sections
1. Succession to the presidency.
2. Succession to the vice presidency.
3. President’s declaration of inability to discharge powers and duties of office.
4. Determination that president is unable to discharge the powers and duties of office.
26. Sections
1. Extending the right to vote to citizens eighteen years of age or older.
2. Legislation.
27. Compensation of members of Congress.
[Vol. 1 RCW—page 1]
Article I Section 1
Constitution of the United States of America
The Constitution
of the
United States
of America
Preamble
We the people of the United States, in order to form a
more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general
welfare, and secure the blessings of liberty to ourselves and
our posterity, do ordain and establish this Constitution for the
United States of America.
Article I
SECTION 1 LEGISLATIVE POWERS. All legislative powers herein granted shall be vested in a congress of
the United States, which shall consist of a senate and house of
representatives.
Article I Section 1
SECTION 2 HOUSE OF REPRESENTATIVES,
HOW CONSTITUTED, POWER OF IMPEACHMENT.
The house of representatives shall be composed of members
chosen every second year by the people of the several states,
and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state
legislature.
No person shall be a representative who shall not have
attained to the age of twenty-five years, and been seven years
a citizen of the United States, and who shall not, when
elected, be an inhabitant of that state in which he shall be chosen.
Representatives and direct taxes shall be apportioned
among the several states which may be included within this
union, according to their respective numbers, which shall be
determined by adding to the whole number of free persons,
including those bound to service for a term of years, and
excluding Indians not taxed, three-fifths of all other person.*
The actual enumeration shall be made within three years after
the first meeting of the congress of the United States, and
within every subsequent term of ten years, in such manner as
they shall by law direct. The number of representatives shall
not exceed one for every thirty thousand, but each state shall
have at least one representative; and until such enumeration
shall be made, the state of New Hampshire shall be entitled to
choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New
Jersey four, Pennsylvania eight, Delaware one, Maryland six,
Virginia ten, North Carolina five, South Carolina five, and
Georgia three.
When vacancies happen in the representation from any
state, the executive authority thereof shall issue writs of election to fill such vacancies.
The house of representatives shall choose their speaker
and other officers; and shall have the sole power of impeachment.
Article I Section 2
[Vol. 1 RCW—page 2]
*Note: Modified by Amendment XIV, Section 2.
SECTION 3 THE SENATE, HOW CONSTITUTED, IMPEACHMENT TRIALS. The senate of the
United States shall be composed of two senators from each
state, chosen by the legislature thereof, for six years; and each
senator shall have one vote.
Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as
may be into three classes. The seats of the senators of the first
class shall be vacated at the expiration of the second year, of
the second class at the expiration of the fourth year, and of the
third class at the expiration of the sixth year, so that one-third
may be chosen every second year; and if vacancies happen by
resignation, or otherwise, during the recess of the legislature
of any state, the executive thereof may make temporary
appointments until the next meeting of the legislature, which
shall then fill such vacancies.*
No person shall be a senator who shall not have attained
to the age of thirty years, and been nine years a citizen of the
United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.
The vice president of the United States shall be president
of the senate, but shall have no vote, unless they be equally
divided.
The senate shall choose their other officers, and also a
president pro tempore, in the absence of the vice president, or
when he shall exercise the office of president of the United
States.
The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or
affirmation. When the president of the United States is tried
the chief justice shall preside: and no person shall be convicted without the concurrence of two-thirds of the members
present.
Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold
and enjoy any office of honor, trust or profit under the United
States: but the party convicted shall nevertheless be liable
and subject to indictment, trial, judgment and punishment,
according to law.
Article I Section 3
*Note: Provisions changed by Amendment XVII.
SECTION 4 ELECTION OF SENATORS AND
REPRESENTATIVES. The times, places and manner of
holding elections for senators and representatives, shall be
prescribed in each state by the legislature thereof; but the
congress may at any time by law make or alter such regulations, except as to the places of choosing senators.
The congress shall assemble at least once in every year,
and such meeting shall be on the first Monday in December,
unless they shall by law appoint a different day.*
Article I Section 4
*Note: Provision changed by Amendment XX, Section 2.
SECTION 5 QUORUM, JOURNALS, MEETINGS, ADJOURNMENTS. Each house shall be the judge
of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do
business; but a smaller number may adjourn from day to day,
and may be authorized to compel the attendance of absent
Article I Section 5
(2010 Ed.)
Constitution of the United States of America
members, in such manner, and under such penalties as each
house may provide.
Each house may determine the rules of its proceedings,
punish its members for disorderly behavior, and, with the
concurrence of two-thirds, expel a member.
Each house shall keep a journal of its proceedings, and
from time to time publish the same, excepting such parts as
may in their judgment require secrecy; and the yeas and nays
of the members of either house on any question shall, at the
desire of one-fifth of those present, be entered on the journal.
Neither house, during the session of congress, shall,
without the consent of the other, adjourn for more than three
days, nor to any other place than that in which the two houses
shall be sitting.
SECTION 6 COMPENSATION, PRIVILEGES,
DISABILITIES. The senators and representatives shall
receive a compensation for their services, to be ascertained
by law, and paid out of the treasury of the United States.
They shall in all cases, except treason, felony and breach of
the peace, be privileged from arrest during their attendance at
the session of their respective houses, and in going to and
returning from the same; and for any speech or debate in
either house, they shall not be questioned in any other place.
No senator or representative shall, during the time for
which he was elected, be appointed to any civil office under
the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased
during such time; and no person holding any office under the
United States, shall be a member of either house during his
continuance in office.
Article I Section 6
SECTION 7 PROCEDURE IN PASSING BILLS
AND RESOLUTIONS. All bills for raising revenue shall
originate in the house of representatives; but the senate may
propose or concur with amendments as on other bills.
Every bill which shall have passed the house of representatives and the senate, shall, before it become a law, be presented to the president of the United States; if he approve he
shall sign it, but if not he shall return it, with his objections to
that house in which it shall have originated, who shall enter
the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of that house
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 that house, it
shall become a law. But in all such cases the votes of both
houses shall be determined by yeas and nays, and the names
of the persons voting for and against the bill shall be entered
on the journal of each house respectively. If any bill shall not
be returned by the president within ten days (Sundays
excepted) after it shall have been presented to him, the same
shall be a law, in like manner as if he had signed it, unless the
congress by their adjournment prevent its return, in which
case it shall not be a law.
Every order, resolution, or vote to which the concurrence
of the senate and house of representatives may be necessary
(except on a question of adjournment) shall be presented to
the president of the United States; and before the same shall
take effect, shall be approved by him, or being disapproved
Article I Section 7
(2010 Ed.)
Article I Section 9
by him, shall be repassed by two-thirds of the senate and
house of representatives, according to the rules and limitations prescribed in the case of a bill.
SECTION 8 POWERS OF CONGRESS. The congress shall have power to lay and collect taxes, duties,
imposts and excises, to pay the debts and provide for the
common defense and general welfare of the United States;
but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among
the several states, and with the Indian tribes;
To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the
United States;
To coin money, regulate the value thereof, and of foreign
coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the
securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by
securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the supreme court;
To define and punish piracies and felonies committed on
the high seas, and of fences against the law of nations;
To declare war, grant letters of marque and reprisal, and
make rules concerning captures on land and water;
To raise and support armies, but no appropriation of
money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the
land and naval forces;
To provide for calling forth the militia to execute the
laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the
militia, and for governing such part of them as may be
employed in the service of the United States, reserving to the
states respectively, the appointment of the officers, and the
authority of training the militia according to the discipline
prescribed by congress;
To exercise exclusive legislation in all cases whatsoever,
over such district (not exceeding ten miles square) as may, by
cession of particular states, and the acceptance of congress,
become the seat of the government of the United States, and
to exercise like authority over all places purchased by the
consent of the legislature of the state in which the same shall
be, for the erection of forts, magazines, arsenals, dock yards,
and other needful buildings; and
To make all laws which shall be necessary and proper for
carrying into execution the foregoing powers, and all other
powers vested by this Constitution in the government of the
United States, or in any department or officer thereof.
Article I Section 8
SECTION 9 LIMITATIONS UPON POWERS OF
CONGRESS. The migration or importation of such persons as any of the states now existing shall think proper to
admit, shall not be prohibited by the congress prior to the year
one thousand eight hundred and eight, but a tax or duty may
Article I Section 9
[Vol. 1 RCW—page 3]
Article I Section 10
Constitution of the United States of America
be imposed on such importation, not exceeding ten dollars for
each person.
The privilege of the writ of habeas corpus shall not be
suspended, unless when in cases of rebellion or invasion the
public safety may require it.
No bill of attainder or ex post facto law shall be passed.
No capitation, or other direct, tax shall be laid, unless in
proportion to the census or enumeration hereinbefore
directed to be taken.
No tax or duty shall be laid on articles exported from any
state.
No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of
another nor shall vessels bound to, or from, one state, be
obliged to enter, clear, or pay duties in another.
No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
No title of nobility shall be granted by the United States:
And no person holding any office of profit or trust under
them, shall, without the consent of the congress, accept of
any present, emolument, office, or title, of any kind whatever,
from any king, prince, or foreign state.
SECTION 10 RESTRICTIONS UPON POWERS
OF STATES. No state shall enter into any treaty, alliance,
or confederation; grant letters of marque and reprisal; coin
money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
No state shall, without the consent of the congress, lay
any imposts or duties on imports or exports, except what may
be absolutely necessary for executing its inspection laws:
and the net produce of all duties and imposts, laid by any state
on imports or exports, shall be for the use of the treasury of
the United States; and all such laws shall be subject to the
revision and control of the congress.
No state shall, without the consent of congress, lay any
duty of tonnage, keep troops, or ships of war in time of peace,
enter into any agreement or compact with another state, or
with a foreign power, or engage in war, unless actually
invaded, or in such imminent danger as will not admit of
delay.
Article I Section 10
Article II
SECTION 1 EXECUTIVE POWER, ELECTION,
QUALIFICATIONS OF THE PRESIDENT. The executive power shall be vested in a president of the United States
of America. He shall hold his office during the term of four
years, and, together with the vice president, chosen for the
same term, be elected, as follows
Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the
whole number of senators and representatives to which the
state may be entitled in the congress: but no senator or representative, or person holding an office of trust or profit under
the United States, shall be appointed an elector.
Article I Section 1
[Vol. 1 RCW—page 4]
The electors shall meet in their respective states, and
vote by ballot for two persons, of whom one at least shall not
be an inhabitant of the same state with themselves. And they
shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify,
and transmit sealed to the seat of the government of the
United States, directed to the president of the senate. The
president of the senate shall, in the presence of the senate and
house of representatives, open all the certificates, and the
votes shall then be counted. The person having the greatest
number of votes shall be the president, if such number be a
majority of the whole number of electors appointed; and if
there be more than one who have such majority, and have an
equal number of votes, then the house of representatives shall
immediately choose by ballot one of them for president; and
if no person have a majority, then from the five highest on the
list the said house shall in like manner choose the president.
But in choosing the president, the votes shall be taken by
states, the representation from each state having one vote; a
quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the
states shall be necessary to a choice. In every case, after the
choice of the president, the person having the greatest number of votes of the electors shall be the vice president. But if
there should remain two or more who have equal votes, the
senate shall choose from them by ballot the vice president.*
The congress may determine the time of choosing the
electors, and the day on which they shall give their votes;
which day shall be the same throughout the United States.
No person except a natural born citizen, or a citizen of
the United States, at the time of the adoption of this Constitution, shall be eligible to the office of president; neither shall
any person be eligible to that office who shall not have
attained to the age of thirty-five years, and been fourteen
years a resident within the United States.
In case of the removal of the president from office, or of
his death, resignation, or inability to discharge the powers
and duties of the said office, the same shall devolve on the
vice president, and the congress may by law provide for the
case of removal, death, resignation or inability, both of the
president and vice president, declaring what officer shall then
act as president, and such officer shall act accordingly, until
the disability be removed, or a president shall be elected.
The president shall, at stated times, receive for his services, a compensation, which shall neither be increased nor
diminished during the period for which he shall have been
elected, and he shall not receive within that period any other
emolument from the United States, or any of them.
Before he enter on the execution of his office, he shall
take the following oath or affirmation: "I do solemnly swear
(or affirm) that I will faithfully execute the office of president
of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United
States."
*Note: Provisions superseded by Amendment XII.
SECTION 2 POWERS OF THE PRESIDENT.
The president shall be commander in chief of the army and
navy of the United States, and of the militia of the several
states, when called into the actual service of the United
Article I Section 2
(2010 Ed.)
Constitution of the United States of America
States; he may require the opinion, in writing, of the principal
officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he
shall have power to grant reprieves and pardons for offences
against the United States, except in cases of impeachment.
He shall have power, by and with the advice and consent
of the senate, to make treaties, provided two-thirds of the senators present concur; and he shall nominate, and by and with
the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the
supreme court, and all other officers of the United States,
whose appointments are not herein otherwise provided for,
and which shall be established by law: but the congress may
by law vest the appointment of such inferior officers, as they
think proper in the president alone, in the courts of law, or in
the heads of departments.
The president shall have power to fill up all vacancies
that may happen during the recess of the senate, by granting
commissions which shall expire at the end of their next session.
SECTION 3 POWERS AND DUTIES OF THE
PRESIDENT. He shall from time to time give to the congress information of the state of the union, and recommend to
their consideration such measures as he shall judge necessary
and expedient; he may, on extraordinary occasions, convene
both houses, or either of them, and in case of disagreement
between them, with respect to the time of adjournment, he
may adjourn them to such time as he shall think proper; he
shall receive ambassadors and other public ministers; he shall
take care that the laws be faithfully executed, and shall commission all the officers of the United States.
Article I Section 3
SECTION 4 IMPEACHMENT. The president, vice
president and all civil officers of the United States, shall be
removed from office on impeachment for, and conviction of,
treason, bribery, or other high crimes and misdemeanors.
Article I Section 4
Article IV Section 3
ferent states, and between a state, or the citizens thereof, and
foreign states, citizens or subjects.*
In all cases affecting ambassadors, other public ministers
and consuls, and those in which a state shall be party, the
supreme court shall have original jurisdiction. In all the other
cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the congress shall make.
The trial of all crimes, except in cases of impeachment,
shall be by jury; and such trial shall be held in the state where
the said crimes shall have been committed; but when not
committed within any state, the trial shall be at such place or
places as the congress may by law have directed.
*Note: Clause changed by Amendment XI.
Article III Section 3
SECTION 3 TREASON, PROOF AND PUNISHMENT. Treason against the United States, shall consist
only in levying war against them, or in adhering to their enemies, 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 on confession in open court.
The congress shall have power to declare the punishment
of treason, but no attainder of treason shall work corruption
of blood, or forfeiture except during the life of the person
attainted.
Article IV
Article IV Section 1
SECTION 1 FAITH AND CREDIT AMONG
STATES. Full faith and credit shall be given in each state
to the public acts, records, and judicial proceedings of every
other state. And the congress may by general laws prescribe
the manner in which such acts, records and proceedings shall
be proved, and the effect thereof.
Article IV Section 2
Article III
SECTION 1 JUDICIAL POWER, TENURE OF
OFFICE. The judicial power of the United States, shall be
vested in one supreme court, and in such inferior courts as the
congress may from time to time ordain and establish. The
judges, both of the supreme and inferior courts, shall hold
their offices during good behavior, and shall, at stated times,
receive for their services, a compensation, which shall not be
diminished during their continuance in office.
Article III Section 1
SECTION 2 JURISDICTION. The judicial power
shall extend to all cases, in law and equity, arising under this
Constitution, the laws of the United States, and treaties made,
or which shall be made, under their authority; to all cases
affecting ambassadors, other public ministers and consuls; to
all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states; between a state and citizens
of another state; between citizens of different states, between
citizens of the same state claiming lands under grants of difArticle III Section 2
(2010 Ed.)
SECTION 2 PRIVILEGES AND IMMUNITIES,
FUGITIVES. The citizens of each state shall be entitled to
all privileges and immunities of citizens in the several states.
A person charged in any state with treason, felony, or
other crime, who shall flee from justice, and be found in
another state, shall on demand of the executive authority of
the state from which he fled, be delivered up, to be removed
to the state having jurisdiction of the crime.
No person held to service or labor in one state, under the
laws thereof, escaping into another, shall, in consequence of
any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party
to whom such service or labor may be due.
Article IV Section 3
SECTION 3 ADMISSION OF NEW STATES.
New states may be admitted by the congress into this union;
but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of
the congress.
[Vol. 1 RCW—page 5]
Article IV Section 4
Constitution of the United States of America
The congress shall have power to dispose of and make
all needful rules and regulations respecting the territory or
other property belonging to the United States; and nothing in
this Constitution shall be so construed as to prejudice any
claims of the United States, or of any particular state.
SECTION 4 GUARANTEE OF REPUBLICAN
GOVERNMENT. The United States shall guarantee to
every state in this union a republican form of government,
and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.
Article IV Section 4
Article V
AMENDMENT OF THE CONSTITUTION. The
congress, whenever two-thirds of both houses shall deem it
necessary, shall propose amendments to this Constitution, or,
on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments,
which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of
ratification may be proposed by the congress; provided that
no amendment which may be made prior to the year one
thousand eight hundred and eight shall in any manner affect
the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of
its equal suffrage in the senate.
of the independence of the United States of America the
twelfth.* In witness whereof we have hereunto subscribed
our names,
GEO. WASHINGTON, President
and Deputy from Virginia
New Hampshire
John Langdon
Nicholas Gilman
Massachusetts
Nathaniel Gorham
Rufus King
Connecticut
Wm. Saml. Johnson
Roger Sherman
New York
Alexander Hamilton
New Jersey
Wil. Livingston
David Brearley
Wm. Paterson
Jona. Dayton
Pennsylvania
B. Franklin
Thomas Mifflin
Robt. Morris
Geo. Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv. Morris
*Note: The Constitution was submitted on September 17, 1787, by the
Constitutional Convention, was ratified by the conventions of several states
at various dates up to May 29, 1790, and became effective on March 4, 1789.
Article VI
DEBTS, SUPREMACY, OATH. All debts contracted
and engagements entered into, before the adoption of this
Constitution, shall be as valid against the United States under
this Constitution, as under the confederation.
This Constitution, and the laws of the United States
which shall be made in pursuance thereof; and all treaties
made, or which shall be made, under the authority of the
United States, shall be the supreme law of the land; and the
judges in every state shall be bound thereby, any thing in the
Constitution or laws of any state to the contrary notwithstanding.
The senators and representatives before mentioned, and
the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the
several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be
required as a qualification to any office or public trust under
the United States.
Article VII
RATIFICATION AND ESTABLISHMENT. The ratification of the conventions of nine states, shall be sufficient
for the establishment of this Constitution between the states
so ratifying the same.
Done in convention by the unanimous consent of the
states present the seventeenth day of September in the year of
our Lord one thousand seven hundred and eighty-seven and
[Vol. 1 RCW—page 6]
Delaware
Geo. Read
Gunning Bedford, Jr.
John Dickinson
Richard Bassett
Jaco. Broom
Maryland
James McHenry
Dan of St. Thos. Jenifer
Danl. Carroll
Virginia
John Blair
James Madison, Jr.
North Carolina
Wm. Blount
Richd. Dobbs Spaight
Hu. Williamson
South Carolina
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler
Georgia
William Few
Abr. Baldwin
Amendments
to the
Constitution
of the
United States
1791-1992
Amendment I
AMENDMENT I
FREEDOM OF RELIGION, OF SPEECH, AND OF
THE PRESS. Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press;
or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment II
AMENDMENT II
RIGHT TO KEEP AND BEAR ARMS. A well regulated militia being necessary to the security of a free state, the
right of the people to keep and bear arms, shall not be
infringed.
(2010 Ed.)
Constitution of the United States of America
Amendment III
AMENDMENT III
QUARTERING OF SOLDIERS. No soldier shall, in
time of peace be quartered in any house, without the consent
of the owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV
AMENDMENT IV
SECURITY FROM UNWARRANTABLE SEARCH
AND SEIZURE. The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no warrants
shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
Amendment V
AMENDMENT V
RIGHTS OF ACCUSED IN CRIMINAL PROCEEDINGS. No person shall be held to answer for a capital,
or otherwise infamous crime, unless on a presentment or
indictment of a grand jury, except in cases arising in the land
or naval forces, or in the militia, when in actual service in
time of war or public danger; nor shall any person be subject
for the same offense to be twice put in jeopardy of life or
limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be
taken for public use, without just compensation.
Amendment VI
AMENDMENT VI
RIGHT TO SPEEDY TRIAL, WITNESSES, ETC.
In all criminal prosecutions, the accused shall enjoy the right
to a speedy and public trial, by an impartial jury of the state
and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law,
and to be informed of the nature and cause of the accusation;
to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to
have the assistance of counsel for his defense.
Amendment VII
AMENDMENT VII
TRIAL BY JURY IN CIVIL CASES. In suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no
fact tried by a jury, shall be otherwise reexamined in any
court of the United States, than according to the rules of the
common law.
Amendment VIII
AMENDMENT VIII
BAILS, FINES, PUNISHMENTS. Excessive bail
shall not be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted.
Amendment IX
AMENDMENT IX
RESERVATION OF RIGHTS OF THE PEOPLE.
The enumeration in the Constitution, of certain rights, shall
(2010 Ed.)
Amendment XII
not be construed to deny or disparage others retained by the
people.
Amendment X
AMENDMENT X
POWERS RESERVED TO STATES OR PEOPLE.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the
states respectively, or to the people.*
*Note: The first ten amendments were all proposed by congress on
September 25, 1789, and were ratified and adoption certified on December
15, 1791.
Amendment XI
AMENDMENT XI
RESTRICTION OF JUDICIAL POWERS. The judicial power of the United States shall not be construed to
extend to any suit in law or equity, commenced or prosecuted
against one of the United States by citizens of another state,
or by citizens or subjects of any foreign state.*
*Note: Proposed by congress on March 4, 1794, and declared ratified
on January 8, 1798.
Amendment XII
AMENDMENT XII
ELECTION OF PRESIDENT AND VICE PRESIDENT. The electors shall meet in their respective states, and
vote by ballot for president and vice president, one of whom,
at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as
president, and in distinct ballots the person voted for as vice
president, and they shall make distinct lists of all persons
voted for as president, and of all persons voted for as vice
president, and of the number of votes for each, which lists
they shall sign and certify, and transmit sealed to the seat of
the government of the United States, directed to the president
of the senate; the president of the senate shall, in the presence
of the senate and house of representatives, open all the certificates and the votes shall then be counted; the person having
the greatest number of votes for president, shall be the president, if such number be a majority of the whole number of
electors appointed; and if no person have such majority, then
from the persons having the highest numbers not exceeding
three on the list of those voted for as president, the house of
representatives shall choose immediately, by ballot, the president. But in choosing the president, the votes shall be taken
by states, the representation from each state having one vote;
a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the
states shall be necessary to a choice. And if the house of representatives shall not choose a president whenever the right
of choice shall devolve upon them, before the fourth day of
March next following, then the vice president shall act as
president, as in the case of the death or other constitutional
disability of the president. The person having the greatest
number of votes as vice president, shall be the vice president,
if such number be a majority of the whole number of electors
appointed, and if no person have a majority, then from the
two highest numbers on the list, the senate shall choose the
vice president; a quorum for the purpose shall consist of
two-thirds of the whole number of senators, and a majority of
the whole number shall be necessary to a choice. But no per[Vol. 1 RCW—page 7]
Amendment XIII
Constitution of the United States of America
son constitutionally ineligible to the office of president shall
be eligible to that of vice president of the United States.*
*Note: Proposed by congress on December 9, 1803; declared ratified
on September 25, 1804; supplemented by Amendment XX.
Amendment XIII
AMENDMENT XIII
§ 1 ABOLITION OF SLAVERY. Neither slavery nor
involuntary servitude, except as a punishment for crime
whereof the party shall have been duly convicted, shall exist
within the United States, or any place subject to their jurisdiction.
§ 2 POWER TO ENFORCE THIS ARTICLE. Congress shall have power to enforce this article by appropriate
legislation.*
*Note: Proposed by congress on January 31, 1865; declared ratified on
December 18, 1865.
Amendment XIV
AMENDMENT XIV
§ 1 CITIZENSHIP RIGHTS NOT TO BE
ABRIDGED BY STATES. All persons born or naturalized
in the United States, and subject to the jurisdiction thereof,
are citizens of the United States and of the state wherein they
reside. No state shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United
States; nor shall any state deprive any person of life, liberty,
or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
§ 4 WHAT PUBLIC DEBTS ARE VALID. The
validity of the public debt of the United States, authorized by
law, including debts incurred for payment of pensions and
bounties for services in suppressing insurrection or rebellion,
shall not be questioned. But neither the United States nor any
state shall assume or pay any debt or obligation incurred in
aid of insurrection or rebellion against the United States, or
any claim for the loss or emancipation of any slave; but all
such debts, obligations and claims shall be held illegal and
void.
§ 5 POWER TO ENFORCE THIS ARTICLE. The
congress shall have power to enforce, by appropriate legislation, the provisions of this article.*
*Note: Proposed by congress on June 13, 1866; declared ratified on
July 28, 1868.
Amendment XV
§ 1 NEGRO SUFFRAGE. The right of citizens of the
United States to vote shall not be denied or abridged by the
United States or by any state on account of race, color, or previous condition of servitude.
§ 2 POWER TO ENFORCE THIS ARTICLE. The
congress shall have power to enforce this article by appropriate legislation.*
*Note: Proposed by congress on February 26, 1869; declared ratified
on March 30, 1870.
Amendment XVI
§ 2 APPORTIONMENT OF REPRESENTATIVES
IN CONGRESS. Representatives shall be apportioned
among the several states according to their respective numbers, counting the whole number of persons in each state,
excluding Indians not taxed. But when the right to vote at
any election for the choice of electors for president and vice
president of the United States, representatives in congress,
the executive and judicial officers of a state, or the members
of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridges, except for
participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the
number of such male citizens shall bear to the whole number
of male citizens twenty-one years of age in such state.
§ 3 PERSONS DISQUALIFIED FROM HOLDING
OFFICE. No person shall be a senator or representative in
congress, or elector of president and vice president, or hold
any office, civil or military, under the United States, or under
any state, who, having previously taken an oath, as a member
of congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial
officer of any state, to support the Constitution of the United
States, shall have engaged in insurrection or rebellion against
the same, or given aid or comfort to the enemies thereof. But
congress may by a vote of two-thirds of each house, remove
such disability.
[Vol. 1 RCW—page 8]
AMENDMENT XV
AMENDMENT XVI
AUTHORIZING INCOME TAXES. The congress
shall have power to lay and collect taxes on incomes, from
whatever source derived, without apportionment among the
several states, and without regard to any census or enumeration.*
*Note: Proposed by congress on July 12, 1909; declared ratified on
February 25, 1913.
Amendment XVII
AMENDMENT XVII
POPULAR ELECTION OF SENATORS. The senate
of the United States shall be composed of two senators from
each state, elected by the people thereof, for six years; and
each senator shall have one vote. The electors in each state
shall have the qualifications requisite for electors of the most
numerous branch of the state legislatures.
When vacancies happen in the representation of any state
in the senate, the executive authority of such state shall issue
writs of election to fill such vacancies: Provided, That the
legislature of any state may empower the executive thereof to
make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the
election or term of any senator chosen before it becomes
valid as part of the Constitution.*
*Note: Proposed by congress on May 13, 1912; declared ratified on
May 31, 1913.
(2010 Ed.)
Constitution of the United States of America
Amendment XVIII
AMENDMENT XVIII
§ 1 NATIONAL LIQUOR PROHIBITION. After
one year from the ratification of this article the manufacture,
sale, or transportation of intoxicating liquors within, the
importation thereof into, or the exportation thereof from the
United States and all territory subject to the jurisdiction
thereof for beverage purposes is hereby prohibited.
§ 2 POWER TO ENFORCE THIS ARTICLE. The
congress and the several states shall have concurrent power to
enforce this article by appropriate legislation.
§ 3 RATIFICATION WITHIN SEVEN YEARS.
This article shall be inoperative until it shall have been ratified as an amendment to the Constitution by the legislatures
of the several states, as provided in the Constitution, within
seven years from the date of the submission hereof to the
states by the congress.*
*Note: Proposed by congress on December 18, 1917; declared ratified
on January 29, 1919. Repealed by Amendment XXI.
Amendment XIX
AMENDMENT XIX
WOMAN SUFFRAGE. The right of citizens of the
United States to vote shall not be denied or abridged by the
United States or by any state on account of sex.
Congress shall have power to enforce this article by
appropriate legislation.*
*Note: Proposed by congress on June 4, 1919; declared ratified on
August 26, 1920.
Amendment XX
AMENDMENT XX
§ 1 TERMS OF OFFICE. The terms of the president
and vice president shall end at noon on the 20th day of January, and the terms of senators and representatives at noon on
the 3rd day of January, of the years in which such terms
would have ended if this article had not been ratified; and the
terms of their successors shall then begin.
§ 2 TIME OF CONVENING CONGRESS. The congress shall assemble at least once in every year, and such
meeting shall begin at noon on the 3rd day of January, unless
they shall by law appoint a different day.
§ 3 DEATH OF PRESIDENT ELECT. If, at the time
fixed for the beginning of the term of the president, the president elect shall have died, the vice president elect shall
become president. If a president shall not have been chosen
before the time fixed for the beginning of his term, or if the
president elect shall have failed to qualify, then the vice president elect shall act as president until a president shall have
qualified; and the congress may by law provide for the case
wherein neither a president elect nor a vice president elect
shall have qualified, declaring who shall then act as president, or the manner in which one who is to act shall be
selected, and such person shall act accordingly until a president or vice president shall have qualified.
§ 4 ELECTION OF THE PRESIDENT. The congress may by law provide for the case of the death of any of
(2010 Ed.)
Amendment XXII
the persons from whom the house of representatives may
choose a president whenever the right of choice shall have
devolved upon them, and for the case of the death of any of
the persons from whom the senate may choose a vice president whenever the right of choice shall have devolved upon
them.
§ 5 Sections 1 and 2 shall take effect on the 15th day of
October following the ratification of this article.
§ 6 This article shall be inoperative unless it shall have
been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven
years from the date of its submission.*
*Note: Proposed by congress on March 2, 1932; declared ratified on
February 6, 1933.
Amendment XXI
AMENDMENT XXI
§
1 NATIONAL
LIQUOR
PROHIBITION
REPEALED. The eighteenth article of amendment to the
Constitution of the United States is hereby repealed.
§ 2 TRANSPORTATION OF LIQUOR INTO
"DRY" STATES. The transportation or importation into
any states, territory, or possession of the United States for
delivery or use therein of intoxicating liquors, in violation of
the laws thereof, is hereby prohibited.
§ 3 This article shall be inoperative unless it shall have
been ratified as an amendment to the Constitution by conventions in the several states, as provided in the Constitution,
within seven years from the date of the submission hereof to
the states by the congress.*
*Note: Proposed by congress on February 20, 1933; declared ratified
on December 5, 1933.
Amendment XXII
AMENDMENT XXII
§ 1 TERMS OF OFFICE OF PRESIDENT. No person shall be elected to the office of the president more than
twice, and no person who held the office of president, or
acted as president, for more than two years of a term to which
some other person was elected president, shall be elected to
the office of president more than once. But this article shall
not apply to any person holding the office of president when
this article was proposed by the congress, and shall not prevent any person who may be holding the office of president,
or acting as president, during the term within which this article becomes operative from holding the office of president or
acting as president during the remainder of such term.
§ 2 WHEN OPERATIVE. This article shall be inoperative unless it shall have been ratified as an amendment to the
Constitution by the legislatures of three-fourths of the several
states within seven years from the date of its submission to
the states by the congress.*
*Note: The certificate of adoption of the 22nd Amendment, dated
March 1, 1951, was published in the Federal Register of March 3, 1951.
[Vol. 1 RCW—page 9]
Amendment XXIII
Amendment XXIII
Constitution of the United States of America
AMENDMENT XXIII
§ 1 GRANTING REPRESENTATION IN THE
ELECTORAL COLLEGE TO THE DISTRICT OF
COLUMBIA. The District constituting the seat of Government of the United States shall appoint in such manner as the
Congress may direct:
A number of electors of President and Vice President
equal to the whole number of Senators and Representatives in
Congress to which the District would be entitled if it were a
State, but in no event more than the least populous State; they
shall be in addition to those appointed by the States, but they
shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State;
and they shall meet in the District and perform such duties as
provided by the twelfth article of amendment.
§ 2 LEGISLATION. The Congress shall have power
to enforce this article by appropriate legislation.*
*Note: The certificate of adoption of the 23rd Amendment, dated April
3, 1961, is published in Vol. 26 Federal Register, page 2808.
Amendment XXIV
AMENDMENT XXIV
§ 1 FAILURE TO PAY TAX SHALL NOT DENY
RIGHT TO VOTE FOR FEDERAL OFFICES. The right
of citizens of the United States to vote in any primary or other
election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in
Congress, shall not be denied or abridged by the United
States or any State by reason of failure to pay any poll tax or
other tax.
§ 2 LEGISLATION. The Congress shall have power
to enforce this article by appropriate legislation.*
*Note: The certificate of adoption of the 24th Amendment dated February 4, 1964, is published in Vol. 29 Federal Register, page 1715.
Amendment XXV
AMENDMENT XXV
§ 1 SUCCESSION TO THE PRESIDENCY. In case
of the removal of the President from office or of his death or
resignation, the Vice President shall become President.
§ 2 SUCCESSION TO THE VICE PRESIDENCY.
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall
take office upon confirmation by a majority vote of both
Houses of Congress.
§ 3 PRESIDENT’S DECLARATION OF INABILITY TO DISCHARGE POWERS AND DUTIES OF
OFFICE. Whenever the President transmits to the President
pro tempore of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he
transmits to them a written declaration to the contrary, such
powers and duties shall be discharged by the Vice President
as Acting President.
DUTIES OF OFFICE. Whenever the Vice President and a
majority of either the principal officers of the executive
departments or of such other body as Congress may by law
provide, transmit to the President pro tempore of the Senate
and the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting
President.
Thereafter, when the President transmits to the President
pro tempore of the Senate and the Speaker of the House of
Representatives his written declaration that no inability
exists, he shall resume the powers and duties of his office
unless the Vice President and a majority of either the principal officers of the executive department or of such other body
as Congress may by law provide, transmit within four days to
the President pro tempore of the Senate and the Speaker of
the House of Representatives their written declaration that
the President is unable to discharge the powers and duties of
his office. Thereupon Congress shall decide the issue,
assembling within forty-eight hours for that purpose if not in
session. If the Congress, within twenty-one days after receipt
of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to
assemble, determines by two-thirds vote of both Houses that
the President is unable to discharge the powers and duties of
his office, the Vice President shall continue to discharge the
same as Acting President; otherwise, the President shall
resume the powers and duties of his office.*
*Note: The certificate of adoption of the 25th Amendment dated February 23, 1967, is published in Vol. 32 Federal Register, page 3287.
Amendment XXVI
AMENDMENT XXVI
§ 1 EXTENDING THE RIGHT TO VOTE TO CITIZENS EIGHTEEN YEARS OF AGE OR OLDER. The
right of citizens of the United States, who are eighteen years
of age or older, to vote shall not be denied or abridged by the
United States or by any State on account of age.
§ 2 LEGISLATION. The Congress shall have power
to enforce this article by appropriate legislation.*
*Note: The certificate of adoption of the 26th Amendment dated July
5, 1971, is published in Vol. 36, No. 130, Federal Register, page 12726.
Amendment XXVII
AMENDMENT XXVII
COMPENSATION OF MEMBERS OF CONGRESS. No law, varying the compensation for the services
of the Senators and Representatives, shall take effect, until an
election of Representatives shall have intervened.*
*Note: The certification of adoption of the 27th Amendment dated
May 18, 1992, is published in Vol. 57, No. 97, Federal Register, page 21187.
§ 4 DETERMINATION THAT PRESIDENT IS
UNABLE TO DISCHARGE THE POWERS AND
[Vol. 1 RCW—page 10]
(2010 Ed.)
ORGANIC ACT
Reviser’s note: The original organic act to establish the territorial
government of Washington is set forth herein. Note however that the organic
act was completely revised in the 1873 United States Revised Statutes which
was enacted by Congress in 1874. The 1873 United States Revised Statutes
contained a construction section (Title 74, section 5596) which has been construed by the United States Supreme Court (Dwight v. Merrit, 140 U.S. 213,
11 S.Ct. 768, 35 L.Ed. 45) as abrogating or repealing all prior statutes on the
same subject as those revised. As the twenty-one sections of the original
organic act were rewritten and combined with the organic acts of other territories the disposition of the original sections into the 1873 United States
Revised Statutes cannot be traced with absolute accuracy. A schedule of the
disposition of the original organic act sections based on the audit contained
in the United States Revised Statutes of 1878, is published herein following
section 21 of the organic act.
AN ACT TO ESTABLISH THE TERRITORIAL GOVERNMENT OF
WASHINGTON.
(Approved March 2, 1853.) [10 U.S. Statutes at Large, c 90 p 172.]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That from and after the passage of this act, all that portion of
Oregon Territory lying and being south of the forty-ninth
degree of north latitude, and north of the middle of the main
channel of the Columbia River, from its mouth to where the
forty-sixth degree of north latitude crosses said river, near
Fort Wallawalla, thence with said forty-sixth degree of latitude to the summit of the Rocky Mountains, be organized
into and constitute a temporary government by the name of
the Territory of Washington: Provided, That nothing in this
act contained shall be construed to affect the authority of the
government of the United States to make any regulation
respecting the Indians of said Territory, their lands, property,
or other rights, by treaty, law, or otherwise, which it would
have been competent to the government to make if this act
had never been passed: Provided further, That the title to the
land, not exceeding six hundred and forty acres, now occupied as missionary stations among the Indian tribes in said
Territory, or that may have been so occupied as missionary
stations prior to the passage of the act establishing the Territorial government of Oregon, together with the improvements thereon, be, and is hereby, confirmed and established
to the several religious societies to which said missionary stations respectively belong.
SEC. 2. And be it further enacted, That the executive
power and authority in and over said Territory of Washington
shall be vested in a governor, who shall hold his office for
four years, and until his successor shall be appointed and
qualified, unless sooner removed by the President of the
United States. The governor shall reside in said Territory,
shall be the commander-in-chief of the militia thereof, shall
perform the duties and receive the emoluments of Superintendent of Indian Affairs; he may grant pardons and remit
fines and forfeitures for offenses against the laws of said Territory, and respites for offenses against the laws of the United
States until the decision of the President can be made known
(2010 Ed.)
thereon; he shall commission all officers who shall be
appointed to office under the laws of the said Territory,
where, by law, such commissions shall be required, and shall
take care that the laws be faithfully executed.
SEC. 3. And be it further enacted, That there shall be a
Secretary of said Territory, who shall reside therein, and hold
his office for four years, unless sooner removed by the President of the United States; he shall record and preserve all the
laws and proceedings of the Legislative Assembly hereinafter
constituted, and all the acts and proceedings of the Governor
in his Executive department; he shall transmit one copy of the
laws and journals of the Legislative Assembly within thirty
days after the end of each session, and one copy of the executive proceedings and official correspondence semi-annually, on the first days of January and July in each year, to the
President of the United States, and two copies of the laws to
the President of the Senate and to the Speaker of the House of
Representatives, for the use of Congress. And in case of the
death, removal, resignation, or absence of the Governor from
the Territory, the Secretary shall be, and he is hereby, authorized and required to execute and perform all the powers and
duties of the Governor during such vacancy or absence, or
until another Governor shall be duly appointed and qualified
to fill such vacancy.
SEC. 4. And be it further enacted, That the Legislative
power and authority of said Territory shall be vested in a Legislative Assembly, which shall consist of a Council and
House of Representatives. The Council shall consist of nine
members, having the qualifications of voters, as hereinafter
prescribed, whose term of service shall continue three years.
Immediately after they shall be assembled, in consequence of
their first election, they shall be divided as equally as may be
into three classes. The seats of the members of Council of the
first class, shall be vacated at the expiration of the first year,
of the second class at the expiration of the second year, and of
the third class at the expiration of the third year, so that one
third may be chosen every year; and if vacancies happen, by
resignation or otherwise, the same shall be filled at the next
ensuing election. The House of Representatives shall, at its
first session, consist of eighteen members, possessing the
same qualifications as prescribed for members of the Council, and whose term of service shall continue one year. The
number of representatives may be increased by the Legislative Assembly, from time to time, in proportion to the
increase of qualified voters: Provided, That the whole number shall never exceed thirty. An apportionment shall be
made, as nearly equal as practicable, among the several counties or districts, for the election of the Council and Representatives, giving to each section of the Territory representation
in the ratio of its qualified voters, as nearly as may be. And
the members of the Council and of the House of Representatives shall reside in, and be inhabitants of, the district or
county or counties, for which they may be elected, respec[Vol. 1 RCW—page 11]
Organic Act
tively. Previous to the first election, the Governor shall cause
a census or enumeration of the inhabitants and qualified voters of the several counties and districts of the Territory to be
taken, by such persons, and in such mode, as the Governor
shall designate and appoint; and the persons so appointed
shall receive a reasonable compensation therefor. And the
first election shall be held at such time and places, and be
conducted in such manner, both as to the persons who shall
superintend such election and the returns thereof, as the Governor shall appoint and direct; and he shall at the same time
declare the number of members of the Council and House of
Representatives to which each of the counties or districts
shall be entitled under this act; and the Governor shall, by his
proclamation, give at least sixty days’ previous notice of such
apportionment, and of the time, places, and manner of holding such election. The persons having the highest number of
legal votes in each of said council districts for members of the
Council shall be declared by the Governor to be duly elected
to the Council, and the persons having the highest number of
legal votes for the House of Representatives shall be declared
by the Governor to be duly elected members of said House:
Provided, That in case two or more persons voted for shall
have an equal number of votes, and in case a vacancy shall
otherwise occur in either branch of the Legislative Assembly,
the Governor shall order a new election; and the persons thus
elected to the Legislative Assembly shall meet at such place,
and on such day, within ninety days after such elections, as
the Governor shall appoint. But thereafter the time, place,
and manner of holding and conducting all elections by the
people, and the apportioning the representation in the several
counties or districts to the Council and House of Representatives, according to the number of qualified voters, shall be
prescribed by law, as well as the day of the commencement of
the regular session of the Legislative Assembly: Provided,
That no session in any one year shall exceed the term of sixty
days, except the first session, which shall not exceed one hundred days.
SEC. 5. And be it further enacted, That every white male
inhabitant above the age of twenty-one years, who shall have
been a resident of said Territory at the time of the passage of
this act, and shall possess the qualifications hereinafter prescribed, shall be entitled to vote at the first election, and shall
be eligible to any office within the said Territory; but the
qualifications of voters and of holding office at all subsequent elections shall be such as shall be prescribed by the
Legislative Assembly: Provided, That the right of suffrage
and of holding office shall be exercised only by citizens of
the United States above the age of twenty-one years, and
those above that age who shall have declared on oath their
intention to become such, and shall have taken an oath to support the Constitution of the United States and the provisions
of this act: And provided further, That no officer, soldier,
seaman, mariner, or other person in the army or navy of the
United States, or attached to troops in the service of the
United States, shall be allowed to vote in said Territory, by
reason of being on service therein, unless said Territory is,
and has been for the period of six months, his permanent
domicil: Provided further, That no person belonging to the
army or navy of the United States shall ever be elected to or
hold any civil office or appointment in said Territory.
[Vol. 1 RCW—page 12]
SEC. 6. And be it further enacted, That the Legislative
power of the Territory shall extend to all rightful subjects of
legislation not inconsistent with the Constitution and laws of
the United States. But no law shall be passed interfering with
the primary disposal of the soil; no tax shall be imposed upon
the property of the United States; nor shall the lands or other
property of nonresidents be taxed higher than the lands or
other property of residents. All the laws passed by the Legislative Assembly shall be submitted to the Congress of the
United States, and, if disapproved, shall be null and of no
effect: Provided, That nothing in this act shall be construed
to give power to incorporate a bank or any institution with
banking powers, or to borrow money in the name of the Territory, or to pledge the faith of the people of the same for any
loan whatever, directly or indirectly. No charter granting any
privileges of making, issuing, or putting into circulation any
notes or bills in the likeness of bank-notes, or any bonds,
scrip, drafts, bills of exchange, or obligations, or granting any
other banking powers or privileges, shall be passed by the
Legislative Assembly; nor shall the establishment of any
branch or agency of any such corporation, derived from other
authority, be allowed in said Territory; nor shall said Legislative Assembly authorize the issue of any obligation, scrip, or
evidence of debt, by said Territory, in any mode or manner
whatever, except certificates for service to said Territory.
And all such laws, or any law or laws inconsistent with the
provisions of this act, shall be utterly null and void. And all
taxes shall be equal and uniform; and no distinctions shall be
made in the assessments between different kinds of property,
but the assessments shall be according to the value thereof.
To avoid improper influences, which may result from intermixing in one and the same act such things as have no proper
relation to each other, every law shall embrace but one object,
and that shall be expressed in the title.
SEC. 7. And be it further enacted, That all township, district, and county officers not herein otherwise provided for,
shall be appointed or elected in such manner as shall be provided by the Legislative Assembly of the Territory of Washington.
SEC. 8. And be it further enacted, That no member of
the Legislative Assembly shall hold or be appointed to any
office which shall have been created, or the salary or emoluments of which shall have been increased while he was a
member, during the term for which he was elected and for
one year after the expiration of such term; but this restriction
shall not be applicable to members of the first Legislative
Assembly; and no person holding a commission or appointment under the United States shall be a member of the Legislative Assembly, or shall hold any office under the government of said Territory.
SEC. 9. And be it further enacted, That the judicial
power of said Territory shall be vested in a supreme court,
district courts, probate courts, and in justices of the peace.
The supreme court shall consist of a chief justice and two
associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of
said Territory annually, and they shall hold their offices during the period of four years, and until their successors shall be
(2010 Ed.)
Organic Act
appointed and qualified. The said Territory shall be divided
into three judicial districts, and a district court shall be held in
each of said districts by one of the justices of the supreme
court, at such times and places as may be prescribed by law;
and the said judges shall, after their appointments, respectively reside in the districts which shall be assigned them.
The jurisdiction of the several courts herein provided for,
both appellate and original, and that of the probate courts and
of justices of the peace, shall be as limited by law: Provided,
That justices of the peace shall not have jurisdiction of any
case in which the title to land shall in any wise come in question, or where the debt or damages claimed shall exceed one
hundred dollars; and the said supreme and district courts,
respectively shall possess chancery as well as common-law
jurisdiction. Each district court, or the judge thereof, shall
appoint its clerk, who shall also be the register in chancery,
and shall keep his office at the place where the court may be
held. Writs of error, bills of exception, and appeals, shall be
allowed in all cases from the final decisions of said district
court to the supreme court under such regulations as may be
prescribed by law; but in no case removed to the supreme
court shall trial by jury be allowed in said court. The supreme
court, or the justices thereof, shall appoint its own clerk, and
every clerk shall hold his office at the pleasure of the court for
which he shall have been appointed. Writs of error, and
appeals from the final decisions of said supreme court, shall
be allowed, and may be taken to the Supreme Court of the
United States, in the same manner and under the same regulations as from the circuit court of the United States, where
the value of the property, or the amount in controversy, to be
ascertained by the oath or affirmation of either party, or other
competent witness, shall exceed two thousand dollars, and in
all cases where the constitution of the United States, or acts of
Congress, or a treaty of the United States, is brought in question; and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the constitution of the United States and the laws of said Territory, as is
vested in the circuit and district courts of the United States;
writs of error and appeal in all such cases shall be made to the
supreme court of said Territory the same as in other cases.
Writs of error, and appeals from the final decisions of said
supreme court, shall be allowed and may be taken to the
supreme court of the United States in the same manner as
from the circuit courts of the United States, where the value
of the property, or the amount in controversy, shall exceed
two thousand dollars, and each of said district courts shall
have and exercise the same jurisdiction, in all cases arising
under the constitution and laws of the United States, as is
vested in the circuit and district courts of the United States;
and also of all cases arising under the laws of said Territory,
and otherwise. The said clerk shall receive in all such cases
the same fees which the clerks of the district courts of the
Territory of Oregon receive for similar services.
SEC. 10. And be it further enacted, That there shall be
appointed an attorney for said Territory, who shall continue
in office for four years and until his successor shall be
appointed and qualified, unless sooner removed by the President, and who shall receive the same fees and salary as is provided by law for the attorney of the United States for the Territory of Oregon. There shall also be a marshal for the Terri(2010 Ed.)
tory appointed, who shall hold his office for four years and
until his successor shall be appointed and qualified, unless
sooner removed by the President, and who shall execute all
processes issuing from the said courts when exercising their
jurisdiction as circuit and district courts of the United States;
he shall perform the duties, be subject to the same regulation
and penalties, and be entitled to the same fees, as are provided by law for the marshal of the Territory of Oregon, and
shall, in addition, be paid the sum of two hundred dollars
annually as a compensation for extra services.
SEC. 11. And be it further enacted, That the governor,
secretary, chief justice, and associate justices, attorney, and
marshal, shall be nominated, and, by and with the advice and
consent of the Senate, appointed by the President of the
United States. The governor and secretary to be appointed as
aforesaid shall, before they act as such, respectively take an
oath or affirmation before the district judge, or some justice
of the peace in the limits of said Territory duly authorized to
administer oaths and affirmations by the laws in force
therein, or before the chief justice or some associate justice of
the supreme court of the United States, to support the constitution of the United States, and faithfully to discharge the
duties of their respective offices, which said oaths, when so
taken, shall be certified by the person before whom the same
shall have been taken; and such certificates shall be received
and recorded by the said Secretary among the executive proceedings; and the Chief Justice and Associate Justices, and all
other civil officers in said Territory, before they act as such,
shall take a like oath or affirmation before the said Governor
or Secretary, or some judge or justice of the peace of the Territory who may be duly commissioned and qualified, which
said oath or affirmation shall be certified and transmitted, by
the person taking the same, to the Secretary, to be by him
recorded as aforesaid; and afterwards, the like oath or affirmation shall be taken, certified and recorded in such manner
and form as may be prescribed by law. The Governor shall
receive an annual salary of fifteen hundred dollars as Governor, and fifteen hundred dollars as Superintendent of Indian
affairs. The Chief Justice, and Associate Justices, shall each
receive an annual salary of two thousand dollars. The Secretary shall receive an annual salary of fifteen hundred dollars.
The said salaries shall be paid quarterly, from the dates of the
respective appointments, at the Treasury of the United States;
but no such payment shall be made until said officers shall
have entered upon the duties of their respective appointments. The members of the legislative assembly shall be
entitled to receive three dollars each per day during their
attendance at the session thereof, and three dollars each for
every twenty miles’ travel in going to and returning from said
sessions, estimated according to the nearest usually traveled
route. And a chief clerk, one assistant clerk, a sergeant-at-arms, and door-keeper, may be chosen for each
house; and the chief clerk shall receive five dollars per day,
and the said other officers three dollars per day, during the
session of the legislative assembly; but no other officers shall
be paid by the United States: Provided, That there shall be
but one session of the legislative assembly annually, unless,
on an extraordinary occasion, the Governor shall deem it
expedient and proper to call the legislature together. There
shall be appropriated, annually, the sum of fifteen hundred
[Vol. 1 RCW—page 13]
Organic Act
dollars, to be expended by the Governor, to defray the contingent expenses of the Territory, including the salary of a clerk
of the executive department; and there shall also be appropriated, annually, a sufficient sum to be expended by the Secretary of the Territory, and upon an estimate to be made by the
Secretary of the Treasury of the United States, to defray the
expenses of the legislative assembly, the printing of the laws,
and other incidental expenses; and the Governor and Secretary of the Territory shall, in the disbursement of all moneys
intrusted to them, be governed solely by the instructions of
the Secretary of the Treasury of the United States, and shall,
semi-annually, account to the said Secretary for the manner
in which the aforesaid sums of money shall have been
expended; and no expenditure, to be paid out of money
appropriated by Congress, shall be made by said legislative
assembly for objects not specially authorized by the acts of
Congress making the appropriations, nor beyond the sums
thus appropriated for such objects.
SEC. 12. And be it further enacted, That the laws now in
force in said Territory of Washington, by virtue of the legislation of Congress in reference to the Territory of Oregon,
which have been enacted and passed subsequent to the first
day of September, eighteen hundred and forty-eight, applicable to the said Territory of Washington, together with the legislative enactments of the Territory of Oregon, enacted and
passed prior to the passage of, and not inconsistent with, the
provisions of this act, and applicable to the said Territory of
Washington, be, and they are hereby, continued in force in
said Territory of Washington until they shall be repealed or
amended by future legislation.
SEC. 13. And be it further enacted, That the legislative
assembly of the Territory of Washington shall hold its first
session at such time and place in said Territory as the Governor thereof shall appoint and direct; and at said first session,
or as soon thereafter as they shall deem expedient, the legislative assembly shall proceed to locate and establish the seat
of government for said Territory, at such place as they may
deem eligible; which place, however, shall thereafter be subject to be changed by said legislative assembly. And the sum
of five thousand dollars, out of any money in the Treasury not
otherwise appropriated, is hereby appropriated and granted to
said Territory of Washington, to be there applied by the Governor to the erection of suitable buildings at the seat of government.
SEC. 14. And be it further enacted, That a delegate to
the House of Representatives of the United States, to serve
for the term of two years, who shall be a citizen of the United
States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the
same rights and privileges as have been heretofore exercised
and enjoyed by the delegates from the several other Territories of the United States to the House of Representatives, but
the delegate first elected shall hold his seat only during the
term of the Congress to which he shall be elected. The first
election shall be held at such time, and places, and be conducted in such manner, as the Governor shall appoint and
direct; of which, and the time, place, and manner of holding
such elections, he shall give at least sixty days’ notice by
[Vol. 1 RCW—page 14]
proclamation; and at all subsequent elections the time, places,
and manner of holding the elections shall be prescribed by
law. The person having the greatest number of votes shall be
declared by the Governor to be duly elected, and a certificate
thereof shall be given accordingly. The delegate from said
Territory shall be entitled to receive the same per diem compensation and mileage at present allowed the delegate from
the Territory of Oregon.
SEC. 15. And be it further enacted, That all suits,
plaints, process, and proceedings, civil and criminal, at law
and in chancery, and all indictments and informations, which
shall be pending and undetermined in the courts established
within and for said Territory of Oregon, by act of Congress,
entitled "An act to establish the territorial government of Oregon," approved August fourteen, one thousand eight hundred
and forty-eight, wherein the venue in said cases, suits at law,
or in chancery, or criminal proceedings, shall be included
within the limits hereinbefore declared and established for
the said Territory of Washington; then, and in that case, said
actions so pending in the Supreme or Circuit Courts of the
Territory of Oregon shall be, by the clerks of said courts, duly
certified to the proper courts of said Territory of Washington;
and thereupon said causes shall, in all things concerning the
same, be proceeded on, and judgments, verdicts, decrees, and
sentences rendered thereon, in the same manner as if the said
Territory had not been divided. All bonds, recognizances,
and obligations of every kind whatsoever, valid, under the
existing laws, within the limits of said Territory of Oregon,
shall be held valid under this act, and all crimes and misdemeanors against the laws now in force within the said limits
of the Territory of Washington may be prosecuted, tried, and
punished in the courts established by this act, and all penalties, forfeitures, actions, and causes of action, may be recovered and enforced, under this act, before the Supreme and
Circuit Courts established by this act as aforesaid: Provided,
That no right of action whatever shall accrue against any person for any act done in pursuance of any law heretofore
passed by the legislative assembly of the Territory of Oregon,
and which may be declared contrary to the Constitution or
laws of the United States.
SEC. 16. And be it further enacted, That all justices of
the peace, constables, sheriffs, and other judicial and ministerial officers, who shall be in office within the limits of said
Territory of Washington when this act shall take effect, shall
be and they are hereby authorized and required to continue to
exercise and perform the duties of their respective offices, as
officers of said Territory, until they or others shall be duly
elected or appointed, and qualified, to fill their places in the
manner herein directed, or until their offices shall be abolished.
SEC. 17. And be it further enacted, That the sum of five
thousand dollars be, and the same is hereby, appropriated out
of any moneys in the Treasury not otherwise appropriated, to
be expended, by and under the direction of the Governor of
Washington, in the purchase of a library, to be kept at the seat
of government for the use of the Governor, legislative assembly, Judges of the Supreme Court, secretary, marshal, and
(2010 Ed.)
Organic Act
Attorney of said Territory, and such other persons, and under
such regulations, as shall be prescribed by law.
SEC. 18. And be it further enacted, That until otherwise
provided for by law, the Governor of said Territory may
define the judicial districts of said Territory, and assign the
judges who may be appointed for said Territory to the several
districts, and also appoint the times and places for holding
courts in the several counties or subdivisions in each of said
judicial districts by proclamation, to be issued by him; but the
legislative assembly, at their first or any subsequent session,
may organize, alter, or modify such judicial districts, and
assign the judges, and alter the times and places of holding
the courts, as to them shall seem expedient and proper.
Organic Act
of 1853
(10 St. at
Large 172)
Section 3
Section 4
1873 Revised
Statutes
§ 1843
§ 1844
§ 1846
§
1847
§
1848
§
1849
§
1922
§
1923
Section 5
§
1859
Section 6
§
§
1860
1850
§
1851
§
1924
SEC. 19. And be it further enacted, That all officers to
be appointed by the President, by and with the advice and
consent of the Senate, for the Territory of Washington, who,
by virtue of the provisions of any law of Congress now existing, or which may be enacted during the present session of
Congress, are required to give security for moneys that may
be intrusted with them for disbursement, shall give such security at such time and place, and in such manner, as the Secretary of the Treasury may prescribe.
SEC. 20. And be it further enacted, That when the lands
in said Territory shall be surveyed under the direction of the
Government of the United States preparatory to bringing the
same into market or otherwise disposing thereof, sections
numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to common schools in said Territory.
And in all cases where said sections sixteen and thirty-six, or
either or any of them, shall be occupied by actual settlers
prior to survey thereof, the County Commissioners of the
counties in which said sections so occupied as aforesaid are
situated, be, and they are hereby, authorized to locate other
lands to an equal amount in sections, or fractional sections, as
the case may be, within their respective counties, in lieu of
said sections so occupied as aforesaid.
SEC. 21. And be it further enacted, That the Territory of
Oregon and the Territory of Washington shall have concurrent jurisdiction over all offenses committed on the Columbia
River, where said river forms a common boundary between
said Territories.
Section 7
Section 8
Section 9
Approved, March 2, 1853. [10 U.S. Statutes at Large, c
90 p 172.]
Disposition of Organic Act of 1853:
Organic Act
of 1853
(10 St. at
Large 172)
Section 1
Section 2
(2010 Ed.)
1873 Revised
Statutes
§ 1839
§ 1840
§ 1898
§
1841
Repealed by
Repealed by
47 S.L. 1429
Placement in
United States
Code
T.48 § 1451
T.48 § 1452
T.48 § 1453
Section 10
Section 11
1857
1854
1860
1854
1868
1864
702, 1865,
1866, 1867,
1869, 1870,
1871, 1872,
1883, 1907,
1909, 1910,
1911, 1912,
1926
§§ 1875,1876,
1881, 1882
§ 1877
Repealed by
Repealed by
47 S.L. 1429
and in part
20 S.L. 193
Repealed by
47 S.L. 1429
and in part
20 S.L. 193
Repealed by
47 S.L. 1429
and in part
20 S.L. 193
Repealed by
47 S.L. 1429
and in part
20 S.L. 193
Repealed by
47 S.L. 1429
and in part
20 S.L. 193
Repealed by
47 S.L. 1429
and in part
20 S.L. 193
Repealed by
47 S.L. 1429
Repealed by
47 S.L. 1429
Repealed by
47 S.L. 1429
Repealed by
47 S.L. 1429
§
§
§
§
§
§
§§
§
1878
Placement in
United States
Code
T.48 § 1454
T.48 § 1455
T.48 § 1458
T.48 § 1460
T.48 § 1460a
T.48 § 1463
T.48 § 1463a
Repealed by
47 S.L. 1429
Repealed by
47 S.L. 1429
Repealed by
47 S.L. 1429
T.48 § 1465
T.48 § 1453
[Vol. 1 RCW—page 15]
Organic Act
Organic Act
of 1853
(10 St. at
Large 172)
1873 Revised
Statutes
§ 1938
§
1940
§
1941
Section 12
§
1852
Section 13
§
1885
§
1944
§
1862
§
1863
§
1906
Section 14
Section 15
Section 16
Section 17
No record
No record
§ 1953
Section 18
§ 1873
§§ 1913, 1918
Section 19
§
1951
Section 20
§
1947
Section 21
§
1950
[Vol. 1 RCW—page 16]
Repealed by
Repealed by
47 S.L. 1429
Repealed by
47 S.L. 1429
Repealed by
47 S.L. 1429
Repealed by
47 S.L. 1429
Repealed by
47 S.L. 1429
Repealed by
47 S.L. 1429
Repealed by
47 S.L. 1429
Repealed by
47 S.L. 1429
Repealed by
47 S.L. 1429
No record
No record
Repealed by
47 S.L. 1429
Placement in
United States
Code
No record
No record
T.48 § 1453a
Repealed by
47 S.L. 1429
Repealed by
47 S.L. 1429
Repealed by
47 S.L. 1429
Repealed by
47 S.L. 1429
(2010 Ed.)
ENABLING ACT
AN ACT to provide for the division of Dakota into two States and to enable
the people of North Dakota, South Dakota, Montana, and Washington
to form constitutions and State governments and to be admitted into the
Union on an equal footing with the original States, and to make donations of public lands to such States.
(Approved February 22, 1889.) [25 U.S. Statutes at Large, c 180 p 676.]
[President’s proclamation declaring Washington a state: 26 St. at Large,
Proclamations, p 10, Nov. 11, 1889.]
respectively shall be seventy-five; and all persons resident in
said proposed States, who are qualified voters of said Territories as herein provided, shall be entitled to vote upon the election of delegates, and under such rules and regulations as said
conventions may prescribe, not in conflict with this act, upon
the ratification or rejection of the constitutions.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
the inhabitants of all that part of the area of the United States
now constituting the Territories of Dakota, Montana, and
Washington, as at present described, may become the States
of North Dakota, South Dakota, Montana, and Washington,
respectively, as hereinafter provided.
SEC. 4. That the delegates to the conventions elected as
provided for in this act shall meet at the seat of government of
each of said Territories, except the delegates elected in South
Dakota, who shall meet at the city of Sioux Falls, on the
fourth day of July, eighteen hundred and eighty-nine, and,
after organization, shall declare, on behalf of the people of
said proposed States, that they adopt the Constitution of the
United States; whereupon the said conventions shall be, and
are hereby, authorized to form constitutions and States governments for said proposed states, respectively. The constitutions shall be republican in form, and make no distinction in
civil or political rights on account of race or color, except as
to Indians not taxed, and not be repugnant to the Constitution
of the United States and the principles of the Declaration of
Independence. And said conventions shall provide, by ordinances irrevocable without the consent of the United States
and the people of said States:
First. That perfect toleration of religious sentiment shall
be secured and that no inhabitant of said States shall ever be
molested in person or property on account of his or her mode
of religious worship.
Second. That the people inhabiting said proposed States
do agree and declare that they forever disclaim all right and
title to the unappropriated public lands lying within the
boundaries thereof, 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; that the lands belonging to citizens of the
United States residing without the said States shall never be
taxed at a higher rate than the lands belonging to residents
thereof; that no taxes shall be imposed by the States on lands
or property therein belonging to or which may hereafter be
purchased by the United States or reserved for its use. But
nothing herein, or in the ordinances herein provided for, shall
preclude the said States 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; but
said ordinances shall provide that all such lands shall be
exempt from taxation by said States so long and to such
extent as such act of Congress may prescribe.
SEC. 2. The area comprising the Territory of Dakota
shall, for the purposes of this act, be divided on the line of the
seventh standard parallel produced due west to the western
boundary of said Territory; and the delegates elected as hereinafter provided to the constitutional convention in districts
north of said parallel shall assemble in convention, at the time
prescribed in this act, at the city of Bismarck; and the delegates elected in districts south of said parallel shall, at the
same time, assemble in convention at the city of Sioux Falls.
SEC. 3. That all persons who are qualified by the laws of
said Territories to vote for representatives to the legislative
assemblies thereof, are hereby authorized to vote for and
choose delegates to form conventions in said proposed
States; and the qualifications for delegates to such conventions shall be such as by the laws of said Territories respectively persons are required to possess to be eligible to the legislative assemblies thereof; and the aforesaid delegates to
form said conventions shall be apportioned within the limits
of the proposed States, in such districts as may be established
as herein provided, in proportion to the population in each of
said counties and districts, as near as may be, to be ascertained at the time of making said apportionments by the persons hereinafter authorized to make the same, from the best
information obtainable, in each of which districts three delegates shall be elected, but no elector shall vote for more than
two persons for delegates to such conventions; that said
apportionments shall be made by the governor, the chief-justice, and the secretary of said Territories; and the governors
of said Territories shall, by proclamation, order an election of
the delegates aforesaid in each of said proposed States, to be
held on the Tuesday after the second Monday in May, eighteen hundred and eighty-nine, which proclamation shall be
issued on the fifteenth day of April, eighteen hundred and
eighty-nine; and such election shall be conducted, the returns
made, the result ascertained, and the certificates to persons
elected to such convention issued in the same manner as is
prescribed by the laws of the said Territories regulating elections therein for Delegates to Congress; and the number of
votes cast for delegates in each precinct shall also be
returned. The number of delegates to said conventions
(2010 Ed.)
[Vol. 1 RCW—page 17]
Enabling Act
Third. That the debts and liabilities of said Territories
shall be assumed and paid by said States, respectively.
Fourth. That provision shall be made for the establishment and maintenance of systems of public schools, which
shall be open to all the children of said States, and free from
sectarian control.
SEC. 5. That the convention which shall assemble at Bismarck shall form a constitution and State government for a
State to be known as North Dakota, and the convention which
shall assemble at Sioux Falls shall form a constitution and
State government for a State to be known as South Dakota:
Provided, That at the election for delegates to the constitutional convention in South Dakota, as hereinbefore provided,
each elector may have written or printed on his ballot the
words "For the Sioux Falls constitution," or the words
"Against the Sioux Falls constitution," and the votes on this
question shall be returned and canvassed in the same manner
as for the election provided for in section three of this act; and
if a majority of all votes cast on this question shall be "for the
Sioux Falls constitution" it shall be the duty of the convention
which may assemble at Sioux Falls, as herein provided, to
resubmit to the people of South Dakota, for ratification or
rejection at the election hereinafter provided for in this act,
the constitution framed at Sioux Falls and adopted November
third, eighteen hundred and eighty-five, and also the articles
and propositions separately submitted at the election, including the question of locating the temporary seat of government, with such changes only as relate to the name and
boundary of the proposed State, to the re-apportionment of
the judicial and legislative districts, and such amendments as
may be necessary in order to comply with the provisions of
this act; and if a majority of the votes cast on the ratification
or rejection of the constitution shall be for the constitution
irrespective of the articles separately submitted, the State of
South Dakota shall be admitted as a State in the Union under
said constitution as hereinafter provided; but the archives,
records, and books of the Territory of Dakota shall remain at
Bismarck, the capital of North Dakota, until an agreement in
reference thereto is reached by said States. But if at the election for delegates to the constitutional convention in South
Dakota a majority of all the votes cast at that election shall be
"against the Sioux Falls constitution", then and in that event
it shall be the duty of the convention which will assemble at
the city of Sioux Falls on the fourth day of July, eighteen hundred and eighty-nine, to proceed to form a constitution and
State government as provided in this act the same as if that
question had not been submitted to a vote of the people of
South Dakota.
SEC. 6. It shall be the duty of the constitutional conventions of North Dakota and South Dakota to appoint a joint
commission, to be composed of not less than three members
of each convention, whose duty it shall be to assemble at Bismarck, the present seat of government of said Territory, and
agree upon an equitable division of all property belonging to
the Territory of Dakota, the disposition of all public records,
and also adjust and agree upon the amount of the debts and
liabilities of the Territory, which shall be assumed and paid
by each of the proposed States of North Dakota and South
Dakota; and the agreement reached respecting the Territorial
debts and liabilities shall be incorporated in the respective
[Vol. 1 RCW—page 18]
constitutions, and each of said States shall obligate itself to
pay its proportion of such debts and liabilities the same as if
they had been created by such States respectively.
SEC. 7. If the constitutions formed for both North
Dakota and South Dakota shall be rejected by the people at
the elections for the ratification or rejection of their respective constitutions as provided for in this act, the Territorial
government of Dakota shall continue in existence the same as
if this act had not been passed. But if the constitution formed
for either North Dakota or South Dakota shall be rejected by
the people, that part of the Territory so rejecting its proposed
constitution shall continue under the Territorial government
of the present Territory of Dakota, but shall, after the State
adopting its constitution is admitted into the Union, be called
by the name of the Territory of North Dakota or South
Dakota, as the case may be: Provided, That if either of the
proposed States provided for in this act shall reject the constitution which may be submitted for ratification or rejection at
the election provided therefor, the governor of the Territory
in which such proposed constitution was rejected shall issue
his proclamation reconvening the delegates elected to the
convention which formed such rejected constitution, fixing
the time and place at which said delegates shall assemble; and
when so assembled they shall proceed to form another constitution or to amend the rejected constitution, and shall submit
such new constitution or amended constitution to the people
of the proposed State for ratification or rejection, at such time
as said convention may determine; and all the provisions of
this act, so far as applicable, shall apply to such convention so
reassembled and to the constitution which may be formed, its
ratification or rejection, and to the admission of the proposed
State.
SEC. 8. That the constitutional convention which may
assemble in South Dakota shall provide by ordinance for
resubmitting the Sioux Falls constitution of eighteen hundred
and eighty-five, after having amended the same as provided
in section five of this act, to the people of South Dakota for
ratification or rejection at an election to be held therein on the
first Tuesday in October, eighteen hundred and eighty-nine;
but if said constitutional convention is authorized and
required to form a new constitution for South Dakota it shall
provide for submitting the same in like manner to the people
of South Dakota for ratification or rejection at an election to
be held in said proposed State on the said first Tuesday in
October. And the constitutional conventions which may
assemble in North Dakota, Montana, and Washington shall
provide in like manner for submitting the constitutions
formed by them to the people of said proposed States, respectively, for ratification or rejection at elections to be held in
said proposed States on the said first Tuesday in October. At
the elections provided for in this section the qualified voters
of said proposed States shall vote directly for or against the
proposed constitutions, and for or against any articles or
propositions separately submitted. The returns of said elections shall be made to the secretary of each of said Territories,
who with the governor and chief-justice thereof, or any two
of them, shall canvass the same; and if a majority of the legal
votes cast shall be for the constitution the governor shall certify the result to the President of the United States, together
with a statement of the votes cast thereon and upon separate
(2010 Ed.)
Enabling Act
articles or propositions, and a copy of said constitution, articles, propositions, and ordinances. And if the constitutions
and governments of said proposed States are republican in
form, and if all the provisions of this act have been complied
with in the formation thereof, it shall be the duty of the President of the United States to issue his proclamation announcing the result of the election in each, and thereupon the proposed States which have adopted constitutions and formed
State governments as herein provided shall be deemed admitted by Congress into the Union under and by virtue of this act
on an equal footing with the original States from and after the
date of said proclamation.
SEC. 9. That until the next general census, or until otherwise provided by law, said States shall be entitled to one Representative in the House of Representatives of the United
States, except South Dakota, which shall be entitled to two;
and the Representatives to the fifty-first Congress, together
with the governors and other officers provided for in said
constitutions, may be elected on the same day of the election
for the ratification or rejection of the constitutions; and until
said State officers are elected and qualified under the provisions of each constitution and the States, respectively, are
admitted into the Union, the Territorial officers shall continue
to discharge the duties of their respective offices in each of
said Territories.
SEC. 10. That upon the admission of each of said States
into the Union sections numbered sixteen and thirty-six in
every township of said proposed States, and where such sections, or any parts thereof, have been sold or otherwise disposed of by or under the authority of any act of Congress,
other lands equivalent thereto, in legal subdivisions of not
less than one-quarter section, and as contiguous as may be to
the section in lieu of which the same is taken, are hereby
granted to said States for the support of common schools,
such indemnity lands to be selected within said States in such
manner as the legislature may provide, with the approval of
the Secretary of the Interior: Provided, That the sixteenth
and thirty-sixth sections embraced in permanent reservations
for national purposes shall not, at any time, be subject to the
grants nor to the indemnity provisions of this act, nor shall
any lands embraced in Indian, military, or other reservations
of any character be subject to the grants or to the indemnity
provisions of this act until the reservation shall have been
extinguished and such lands be restored to, and become a part
of, the public domain.
SEC. 11. That all lands herein granted for educational
purposes shall be disposed of only at public sale, and at a
price not less than ten dollars per acre, the proceeds to constitute a permanent school fund, the interest of which only shall
be expended in the support of said schools. But said lands
may, under such regulations as the legislatures shall prescribe, be leased for periods of not more than five years, in
quantities not exceeding one section to any one person or
company; and such land shall not be subject to pre-emption,
homestead entry, or any other entry under the land laws of the
United States, whether surveyed or unsurveyed, but shall be
reserved for school purposes only.
Reviser’s note: Section 11 has at various times been amended by Congress as follows:
(2010 Ed.)
(1) August 11, 1921:
AN ACT To amend an Act approved February 22, 1889, entitled "An
Act to provide for the division of Dakota into two States and to enable the
people of North Dakota, South Dakota, Montana, and Washington to form
constitutions and State governments, and to be admitted into the Union on an
equal footing with the original States, and to make donations of public lands
to such States."
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That section 11 of the Act entitled
"An Act to provide for the division of Dakota into two States and to enable
the people of North Dakota, South Dakota, Montana, and Washington to
form constitutions and State governments, and to be admitted into the Union
on an equal footing with the original States, and to make donations of public
lands to such States," approved February 22, 1889, be, and the same hereby
is, amended by adding the following: Provided, however, That the State
may, upon such terms as it may prescribe, grant such easements or rights in
such lands as may be acquired in, to, or over the lands of private properties
through proceedings in eminent domain: And provided further, That any of
such granted lands found, after title thereto has vested in the State, to be mineral in character, may be leased for a period not longer than twenty years
upon such terms and conditions as the legislature may prescribe. [42 U.S.
Statutes at Large, c 61 p 158. Approved, August 11, 1921.]
(2) May 7, 1932:
AN ACT To amend section 11 of the Act approved February 22, 1889
(25 Stat. 676), relating to the admission into the Union of the States of North
Dakota, South Dakota, Montana, and Washington.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That section 11 of the Act
approved February 22, 1889 (25 Stat. 676), be, and the same is hereby,
amended to read as follows:
"That all lands granted by this Act shall be disposed of only at public
sale after advertising - tillable lands capable of producing agricultural crops
for not less than $10 per acre and lands principally valuable for grazing purposes for not less than $5 per acre. Any of the said lands may be exchanged
for other lands, public or private, of equal value and as near as may be of
equal area, but if any of the said lands are exchanged with the United States
such exchange shall be limited to surveyed, nonmineral, unreserved public
lands of the United States within the State.
"The said lands may be leased under such regulations as the legislature
may prescribe; but leases for grazing and agricultural purposes shall not be
for a term longer than five years; mineral leases, including leases for exploration for oil and gas and the extraction thereof, for a term not longer than
twenty years; and leases for development of hydroelectric power for a term
not longer than fifty years.
"The State may also, upon such terms as it may prescribe, grant such
easements or rights in any of the lands granted by this Act, as may be
acquired in privately owned lands through proceedings in eminent domain:
Provided, however, That none of such lands, nor any estate or interest
therein, shall ever be disposed of except in pursuance of general laws providing for such disposition, nor unless the full market value of the estate or interest disposed of, to be ascertained in such manner as may be provided by law,
has been paid or safely secured to the State.
"With the exception of the lands granted for public buildings, the proceeds from the sale and other permanent disposition of any of the said lands
and from every part thereof, shall constitute permanent funds for the support
and maintenance of the public schools and the various State institutions for
which the lands have been granted. Rentals on leased lands, interest on
deferred payments on lands sold, interest on funds arising from these lands,
and all other actual income, shall be available for the maintenance and support of such schools and institutions. Any State may, however, in its discretion, add a portion of the annual income to the permanent funds.
"The lands hereby granted shall not be subject to preemption, homestead entry, or any other entry under the land laws of the United States
whether surveyed or unsurveyed, but shall be reserved for the purposes for
which they have been granted."
SEC. 2. Anything in the said Act approved February 22, 1889, inconsistent with the provisions of this Act is hereby repealed. [47 U.S. Statutes
at Large c 172 p 150. Approved, May 7, 1932.]
(3) June 25, 1938:
AN ACT To increase the period for which leases may be made for
grazing and agricultural purposes of public lands donated to the States of
[Vol. 1 RCW—page 19]
Enabling Act
North Dakota, South Dakota, Montana, and Washington by the Act of February 22, 1889, as amended.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That so much of the second paragraph of section 11 of the Act relating to the admission into the Union of the
States of North Dakota, South Dakota, Montana, and Washington, approved
February 22, 1889, as amended, as reads "but leases for grazing and agricultural purposes shall not be for a term longer than five years", is amended to
read as follows: "but leases for grazing and agricultural purposes shall not
be for a term longer than ten years". [52 U.S. Statutes at Large c 700 p 1198.
Approved, June 25, 1938.]
(4) April 13, 1948:
AN ACT To authorize the States of Montana, North Dakota, South
Dakota, and Washington to lease their State lands for production of minerals,
including leases for exploration for oil, gas, and other hydrocarbons and the
extraction thereof, for such terms of years and on such conditions as may be
from time to time provided by the legislatures of the respective States.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled: That the second paragraph of section 11 of the Act relating to the admission into the Union of the States of
North Dakota, South Dakota, Montana, and Washington, approved February
22, 1889, as amended, is amended to read as follows: "Except as otherwise
provided herein, the said lands may be leased under such regulations as the
legislature may prescribe. Leases for the production of minerals, including
leases for exploration for oil, gas, and other hydrocarbons and the extraction
thereof, shall be for such term of years and on such conditions as may be
from time to time provided by the legislatures of the respective States; leases
for grazing and agricultural purposes shall be for a term not longer than ten
years; and leases for development of hydroelectric power shall be for a term
not longer than fifty years." [62 U.S. Statutes at Large c 183 p 170.
Approved April 13, 1948.]
(5) June 28, 1952:
AN ACT To authorize each of the States of North Dakota, South
Dakota, and Washington to pool moneys derived from lands granted to it for
public schools and various State institutions.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the fourth paragraph of section 11 of the Act relating to the admission into the Union of the States of
North Dakota, South Dakota, Montana, and Washington, approved February
22, 1889, as amended (47 Stat. 151), is amended by adding at the end thereof
the following: "Notwithstanding the foregoing provisions of this section,
each of the States of North Dakota, South Dakota, and Washington may pool
the moneys received by it from oil and gas and other mineral leasing of said
lands. The moneys so pooled shall be apportioned among the public schools
and the various State institutions in such manner that the public schools and
each of such institutions shall receive an amount which bears the same ratio
to the total amount apportioned as the number of acres (including any that
may have been disposed of) granted for such public schools or for such institutions bears to the total number of acres (including any that may have been
disposed of) granted by this Act. Not less than 50 per centum of each such
amount shall be covered into the appropriate permanent fund." [66 U.S.
Statutes at Large c 480 p 283. Approved June 28, 1952.]
(6) May 31, 1962:
AN ACT To amend the Act admitting the State of Washington into the
Union in order to authorize the use of funds from the disposition of certain
lands for the construction of State charitable, educational, penal, or reformatory institutions.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Act entitled "An Act to
provide for the division of Dakota into two States and to enable the people of
North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal
footing with the original States and to make donations of public lands to such
States", approved February 22, 1889 (25 Stat. 676, as amended), is amended
by inserting before the period at the end of the first sentence in the fourth
paragraph of section 11 a comma and the following: "except that proceeds
from the sale and other permanent disposition of the two hundred thousand
acres granted to the State of Washington for State charitable, educational,
penal, and reformatory institutions may be used by such State for the construction of any such institution". [Public Law 87-473. 76 U.S. Statutes at
Large p 91. Approved May 31, 1962.]
(7) June 30, 1967:
[Vol. 1 RCW—page 20]
AN ACT To authorize the States of North Dakota, South Dakota, Montana, and Washington to use the income from certain lands for the construction of facilities for State charitable, educational, penal, and reformatory
institutions.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the second sentence of the
fourth paragraph of section 11 of the Act entitled "An Act to provide for the
division of Dakota into two States and to enable the people of North Dakota,
South Dakota, Montana, and Washington to form constitutions and State
governments and to be admitted into the Union on an equal footing with the
original States, and to make donations of public lands to such States",
approved February 22, 1889 (25 Stat. 676), as amended, is amended to read
as follows: "Rentals on leased land, proceeds from the sale of timber and
other crops, interest on deferred payments on land sold, interest on funds
arising from these lands, and all other actual income, shall be available for
the acquisition and construction of facilities, including the retirement of
bonds authorized by law for such purposes, and for the maintenance and support of such schools and institutions." [Public Law 90-41. 81 U.S. Statutes
at Large p 106. Approved June 30, 1967.]
(8) October 16, 1970:
AN ACT To amend section 11 of the Act approved February 22, 1889
(25 Stat. 676) as amended by the Act of May 7, 1932 (47 Stat. 150), and as
amended by the Act of April 13, 1948 (62 Stat. 170) relating to the admission
to the Union of the States of North Dakota, South Dakota, Montana, and
Washington, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the second sentence of the
first paragraph of section 11 of the Act approved February 22, 1889 (25 Stat.
676), as amended by the Act of May 7, 1932 (47 Stat. 150), is hereby
amended to read as follows:
"Any of the said lands may be exchanged for other lands, public or private, of equal value and as near as may be of equal area, but if any of the said
lands are exchanged with the United States such exchange shall be limited to
Federal lands that are surveyed, nonmineral, unreserved public lands within
the State, or are reserved public lands within the State that are subject to
exchange under the laws governing the administration of such Federal
reserved public lands."
and that a new paragraph be added immediately following the above, as follows:
"All exchanges heretofore made under section 11 of the Act approved
February 22, 1889 (25 Stat. 676), as amended by the Act approved May 7,
1932 (47 Stat. 150), for reserved public lands of the United States that were
subject to exchange under law pursuant to which they were being administered and the requirements thereof have been met, are hereby approved to the
same extent as though the lands exchanged were unreserved public lands."
and that the present paragraph 2 of section 11 be amended to read as follows:
"The said lands may be leased under such regulations as the legislature
may prescribe." [Public Law 91-463. 84 U.S. Statutes at Large p 987.
Approved October 16, 1970.]
SEC. 12. That upon the admission of each of said States
into the Union, in accordance with the provisions of this act,
fifty sections of the unappropriated public lands within said
States, to be selected and located in legal subdivisions as provided in section ten of this act, shall be, and are hereby,
granted to said States for the purpose of erecting public buildings at the capital of said States for legislative, executive, and
judicial purposes.
Reviser’s note: Section 12 has been amended by Congress as follows:
AN ACT To amend section 12 of the Act approved February 22, 1889
(25 Stat. 676) relating to the admission into the Union of the States of North
Dakota, South Dakota, Montana, and Washington, by providing for the use
of public lands granted to the States therein for the purpose of construction,
reconstruction, repair, renovation, furnishings, equipment, or other permanent improvement of public buildings at the capital of said States.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That section 12 of the Act relating
to the admission into the Union of the States of North Dakota, South Dakota,
Montana, and Washington, approved February 22, 1889, is amended to read
as follows:
(2010 Ed.)
Enabling Act
"That upon the admission of each of said States into the Union, in
accordance with the provisions of this act, fifty sections of unappropriated
public lands within such States, to be selected and located in legal subdivisions as provided in section 10 of this Act, shall be, and are hereby, granted
to said States for public buildings at the capital of said States for legislative,
executive, and judicial purposes, including construction, reconstruction,
repair, renovation, furnishings, equipment, and any other permanent
improvement of such buildings and the acquisition of necessary land for such
buildings, and the payment of principal and interest on bonds issued for any
of the above purposes."
SEC. 2. This Act shall take effect as of February 22, 1889. [Public Law
85-6. 71 U.S. Statutes at large p 5. Approved February 26, 1957.]
SEC. 13. That five per centum of the proceeds of the
sales of public lands lying within said States which shall be
sold by the United States subsequent to the admission of said
States into the Union, after deducting all the expenses incident to the same, shall be paid to the said States, to be used as
a permanent fund, the interest of which only shall be
expended for the support of common schools within said
States, respectively.
SEC. 14. That the lands granted to the Territories of
Dakota and Montana by the act of February eighteenth, eighteen hundred and eighty-one, entitled "An act to grant lands
to Dakota, Montana, Arizona, Idaho, and Wyoming for university purposes," are hereby vested in the States of South
Dakota, North Dakota, and Montana, respectively, if such
States are admitted into the Union, as provided in this act, to
the extent of the full quantity of seventy-two sections to each
of said States, and any portion of said lands that may not have
been selected by either of said Territories of Dakota or Montana may be selected by the respective States aforesaid; but
said act of February eighteenth, eighteen hundred and
eighty-one, shall be so amended as to provide that none of
said lands shall be sold for less than ten dollars per acre, and
the proceeds shall constitute a permanent fund to be safely
invested and held by said States severally, and the income
thereof be used exclusively for university purposes. And
such quantity of the lands authorized by the fourth section of
the act of July seventeenth, eighteen hundred and fifty-four,
to be reserved for university purposes in the Territory of
Washington, as, together with the lands confirmed to the
vendees of the Territory by the act of March fourteenth, eighteen hundred and sixty-four, will make the full quantity of
seventy-two entire sections, are hereby granted in like manner to the State of Washington for the purposes of a university in said State. None of the lands granted in this section
shall be sold at less than ten dollars per acre; but said lands
may be leased in the same manner as provided in section
eleven of this act. The schools, colleges, and universities
provided for in this act shall forever remain under the exclusive control of the said States, respectively, and no part of the
proceeds arising from the sale or disposal of any lands herein
granted for educational purposes shall be used for the support
of any sectarian or denominational school, college, or university. The section of land granted by the act of June sixteenth,
eighteen hundred and eighty, to the Territory of Dakota, for
an asylum for the insane shall, upon the admission of said
State of South Dakota into the Union, become the property of
said State.
SEC. 15. That so much of the lands belonging to the
United States as have been acquired and set apart for the pur(2010 Ed.)
pose mentioned in "An act appropriating money for the erection of a penitentiary in the Territory of Dakota," approved
March second, eighteen hundred and eighty-one, together
with the buildings thereon, be, and the same is hereby,
granted, together with any unexpended balances of the moneys appropriated therefor by said act, to said State of South
Dakota, for the purposes therein designated; and the States of
North Dakota and Washington shall, respectively, have like
grants for the same purpose, and subject to like terms and
conditions as provided in said act of March second, eighteen
hundred and eighty-one, for the Territory of Dakota. The
penitentiary at Deer Lodge City, Montana, and all lands connected therewith and set apart and reserved therefor, are
hereby granted to the State of Montana.
SEC. 16. That ninety thousand acres of land, to be
selected and located as provided in section 10 of this act, are
hereby granted to each of said States, except to the State of
South Dakota, to which one hundred and twenty thousand
acres are granted, for the use and support of agricultural colleges in said States, as provided in the acts of Congress making donations of lands for such purpose.
SEC. 17. That in lieu of the grant of land for purposes of
internal improvement made to new States by the eighth section of the act of September fourth, eighteen hundred and
forty-one, which act is hereby repealed as to the States provided for by this act, and in lieu of any claim or demand by
the said States, or either of them, under the act of September
twenty-eighth, eighteen hundred and fifty, and section
twenty-four hundred and seventy-nine of the Revised Statutes, making a grant of swamp and overflowed lands to certain States, which grant it is hereby declared is not extended
to the States provided for in this act, and in lieu of any grant
of saline lands to said States, the following grants of land are
hereby made, to wit:
To the State of South Dakota: For the school of mines,
forty thousand acres; for the reform school, forty thousand
acres; for the deaf and dumb asylum, forty thousand acres;
for the agricultural college, forty thousand acres; for the university, forty thousand acres; for State normal schools, eighty
thousand acres; for public buildings at the capital of said
State, fifty thousand acres, and for such other educational and
charitable purposes as the legislature of said State may determine, one hundred and seventy thousand acres; in all five
hundred thousand acres.
To the State of North Dakota a like quantity of land as in
this section granted to the State of South Dakota, and to be for
like purposes, and in like proportion as far as practicable.
To the State of Montana: For the establishment and
maintenance of a school of mines, one hundred thousand
acres; for State normal schools, one hundred thousand acres;
for agricultural colleges, in addition to the grant hereinbefore
made for that purpose, fifty thousand acres; for the establishment of a State reform school, fifty thousand acres; for the
establishment of a deaf and dumb asylum, fifty thousand
acres; for public buildings at the capital of the State, in addition to the grant hereinbefore made for that purpose, one hundred and fifty thousand acres.
To the State of Washington: For the establishment and
maintenance of a scientific school, one hundred thousand
acres; for State normal schools, one hundred thousand acres;
[Vol. 1 RCW—page 21]
Enabling Act
for public buildings at the State capital, in addition to the
grant hereinbefore made for that purpose, one hundred thousand acres; for State charitable, educational, penal, and reformatory institutions, two hundred thousand acres.
That the States provided for in this act shall not be entitled to any further or other grants of land for any purpose than
as expressly provided in this act. And the lands granted by
this section shall be held, appropriated, and disposed of
exclusively for the purposes herein mentioned, in such manner as the legislatures of the respective States may severally
provide.
SEC. 18. That all mineral lands shall be exempted from
the grants made by this act. But if sections sixteen and
thirty-six, or any subdivisions or portion of any smallest subdivision thereof in any township shall be found by the
Department of the Interior to be mineral lands, said States are
hereby authorized and empowered to select, in legal subdivisions, an equal quantity of other unappropriated lands in said
States, in lieu thereof, for the use and the benefit of the common schools of said States.
SEC. 19. That all lands granted in quantity or as indemnity by this act shall be selected, under the direction of the
Secretary of the Interior, from the surveyed, unreserved, and
unappropriated public lands of the United States within the
limits of the respective States entitled thereto. And there
shall be deducted from the number of acres of land donated
by this act for specific objects to said States the number of
acres in each heretofore donated by Congress to said Territories for similar objects.
SEC. 20. That the sum of twenty thousand dollars, or so
much thereof as may be necessary, is hereby appropriated,
out of any money in the Treasury not otherwise appropriated,
to each of said Territories for defraying the expenses of the
said conventions, except to Dakota, for which the sum of
forty thousand dollars is so appropriated, twenty thousand
dollars each for South Dakota and North Dakota, and for the
payment of the members thereof, under the same rules and
regulations and at the same rates as are now provided by law
for the payment of the Territorial legislatures. Any money
hereby appropriated not necessary for such purpose shall be
covered into the Treasury of the United States.
SEC. 21. That each of said States, when admitted as
aforesaid, shall constitute one judicial district, the names
thereof to be the same as the names of the States,
respectively; and the circuit and district courts therefor shall
be held at the capital of such State for the time being, and
each of said districts shall, for judicial purposes, until otherwise provided, be attached to the eighth judicial circuit,
except Washington and Montana, which shall be attached to
the ninth judicial circuit. There shall be appointed for each of
said districts one district judge, one United States attorney,
and one United States marshal. The judge of each of said districts shall receive a yearly salary of three thousand five hundred dollars, payable in four equal installments, on the first
days of January, April, July, and October of each year, and
shall reside in the district. There shall be appointed clerks of
said courts in each district, who shall keep their offices at the
capital of said State. The regular terms of said courts shall be
held in each district, at the place aforesaid, on the first Mon[Vol. 1 RCW—page 22]
day in April and the first Monday in November of each year,
and only one grand jury and one petit jury shall be summoned
in both said circuit and district courts. The circuit and district
courts for each of said districts, and the judges thereof,
respectively, shall possess the same powers and jurisdiction,
and perform the same duties required to be performed by the
other circuit and district courts and judges of the United
States, and shall be governed by the same laws and regulations. The Marshal, district attorney, and clerks of the circuit
and district courts of each of said districts, and all other officers and persons performing duties in the administration of
justice therein, shall severally possess the powers and perform the duties lawfully possessed and required to be performed by similar officers in other districts of the United
States; and shall, for the services they may perform, receive
the fees and compensation allowed by law to other similar
officers and persons performing similar duties in the State of
Nebraska.
SEC. 22. That all cases of appeal or writ of error heretofore prosecuted and now pending in the Supreme Court of the
United States upon any record from the supreme court of
either of the Territories mentioned in this act, or that may
hereafter lawfully be prosecuted upon any record from either
of said courts may be heard and determined by said Supreme
Court of the United States. And the mandate of execution or
of further proceedings shall be directed by the Supreme Court
of the United States to the circuit or district court hereby
established within the State succeeding the Territory from
which such record is or may be pending, or to the supreme
court of such State, as the nature of the case may require:
Provided, That the mandate of execution or of further proceedings shall, in cases arising in the Territory of Dakota, be
directed by the Supreme Court of the United States to the circuit or district court of the district of South Dakota, or to the
supreme court of the State of South Dakota, or to the circuit
or district court of the district of North Dakota, or to the
supreme court of the State of North Dakota, or to the supreme
court of the Territory of North Dakota, as the nature of the
case may require. And each of the circuit, district, and State
courts, herein named, shall, respectively, be the successor of
the supreme court of the Territory, as to all such cases arising
within the limits embraced within the jurisdiction of such
courts respectively with full power to proceed with the same,
and award mesne or final process therein; and that from all
judgments and decrees of the supreme court of either of the
Territories mentioned in this act, in any case arising within
the limits of any of the proposed States prior to admission, the
parties to such judgment shall have the same right to prosecute appeals and writs of error to the Supreme Court of the
United States as they shall have had by law prior to the
admission of said State into the Union.
SEC. 23. That in respect to all cases, proceedings, and
matters now pending in the supreme or district courts of
either of the Territories mentioned in this act at the time of the
admission into the Union of either of the States mentioned in
this act, and arising within the limits of any such State,
whereof the circuit or district courts by this act established
might have had jurisdiction under the laws of the United
States had such courts existed at the time of the commencement of such cases, the said circuit and district courts, respec(2010 Ed.)
Enabling Act
tively, shall be the successors of said supreme and district
courts of said Territory; and in respect to all other cases, proceedings and matters pending in the supreme or district
courts of any of the Territories mentioned in this act at the
time of the admission of such Territory into the Union, arising within the limits of said proposed State, the courts established by such State shall, respectively, be the successors of
said supreme and district Territorial courts; and all the files,
records, indictments, and proceedings relating to any such
cases, shall be transferred to such circuit, district, and State
courts, respectively, and the same shall be proceeded with
therein in due course of law; but no writ, action, indictment,
cause or proceeding now pending, or that prior to the admission of any of the States mentioned in this act, shall be pending in any Territorial court in any of the Territories mentioned in this act, shall abate by the admission of any such
State into the Union, but the same shall be transferred and
proceeded with in the proper United States circuit, district or
State court, as the case may be: Provided, however, That in
all civil actions, causes, and proceedings, in which the United
States is not a party, transfers shall not be made to the circuit
and district courts of the United States, except upon written
request of one of the parties to such action or proceeding filed
in the proper court; and in the absence of such request such
cases shall be proceeded with in the proper State courts.
SEC. 24. That the constitutional conventions may, by
ordinance, provide for the election of officers for full State
governments, including members of the legislatures and Representatives in the fifty-first Congress; but said State governments shall remain in abeyance until the States shall be
admitted into the Union, respectively, as provided in this act.
In case the constitution of any of said proposed States shall be
ratified by the people, but not otherwise, the legislature
thereof may assemble, organize, and elect two senators of the
United States; and the governor and secretary of state of such
proposed State shall certify the election of the Senators and
Representatives in the manner required by law; and when
such State is admitted into the Union, the Senators and Representatives shall be entitled to be admitted to seats in Congress, and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United
States; and the officers of the State governments formed in
pursuance of said constitutions, as provided by the constitutional conventions, shall proceed to exercise all the functions
of such State officers; and all laws in force made by said Territories, at the time of their admission into the Union, shall be
in force in said States, except as modified or changed by this
act or by the constitutions of the States, respectively.
SEC. 25. That all acts or parts of acts in conflict with the
provisions of this act, whether passed by the legislatures of
said Territories or by Congress, are hereby repealed.
Approved, February 22, 1889. [25 U.S. Statutes at Large, c 180 p 676.]
(2010 Ed.)
[Vol. 1 RCW—page 23]
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
2
3
4
5
6
7
8
9
10
11
12
13
(2010 Ed.)
Political power.
Supreme law of the land.
Personal rights.
Right of petition and assemblage.
Freedom of speech.
Oaths — Mode of administering.
Invasion of private affairs or home prohibited.
Irrevocable privilege, franchise or immunity prohibited.
Rights of accused persons.
Administration of justice.
Religious freedom.
Special privileges and immunities prohibited.
Habeas corpus.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Excessive bail, fines and punishments.
Convictions, effect of.
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
1(a)
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Legislative powers, where vested.
Initiative and referendum, signatures required.
House of representatives and senate.
The census.
Election of representatives and term of office.
Elections, when to be held.
Election and term of office of senators.
Qualifications of legislators.
Judges of their own election and qualification —
Quorum.
Rules of procedure.
Election of officers.
Journal, publicity of meetings — Adjournments.
Sessions, when — Duration.
Limitation on members holding office in the state.
Same, federal or other office.
Vacancies in legislature and in partisan county elective office.
Privileges from arrest.
Freedom of debate.
Style of laws.
Bill to contain one subject.
Origin and amendment of bills.
Yeas and nays.
Passage of bills.
Compensation of members.
Lotteries and divorce.
Extra compensation prohibited.
Suits against the state.
[Vol. 1—page 25]
Constitution of the State of Washington
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Elections — Viva voce vote.
Special legislation.
Convict labor.
Bribery or corrupt solicitation.
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
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.
[Vol. 1—page 26]
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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.
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 VI — ELECTIONS AND ELECTIVE RIGHTS
Sections
1
1A
2
3
4
5
6
7
8
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
2
3
4
5
6
7
8
Taxation.
Limitation on levies.
Taxation of federal agencies and property.
No surrender of power or suspension of tax on corporate property.
Taxes, how levied.
Taxes, how paid.
Annual statement.
Tax to cover deficiencies.
(2010 Ed.)
Constitution of the State of Washington
9
10
11
12
Special assessments or taxation for local improvements.
Retired persons property tax exemption.
Taxation based on actual use.
Budget stabilization account.
Article VIII — STATE, COUNTY, AND
MUNICIPAL INDEBTEDNESS
Sections
1
2
3
4
5
6
7
8
9
10
11
13
14
15
16
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
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
12
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.
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
Article XI — COUNTY, CITY, AND
TOWNSHIP ORGANIZATION
Sections
1
2
3
4
5
6
7
8
9
10
11
(2010 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.
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
[Vol. 1—page 27]
Constitution of the State of Washington
Sections
1
2
3
4
5
6
Disposition of.
Manner and terms of sale.
Limitations on sales.
How much may be offered in certain cases —
Platting of.
Investment of permanent common school fund.
Investment of higher education permanent funds.
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
Article XXVI — COMPACT WITH THE
UNITED STATES
Article XXVII — SCHEDULE
Sections
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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.
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.
Sections
1
Authority of the United States.
[Vol. 1—page 28]
(2010 Ed.)
Constitution of the State of Washington
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
SECTION 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.
Article I Section 1
SECTION 2 SUPREME LAW OF THE LAND.
The Constitution of the United States is the supreme law of
the land.
Article I Section 2
SECTION 3 PERSONAL RIGHTS. No person shall
be deprived of life, liberty, or property, without due process
of law.
Article I Section 12
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.]
Article I Section 3
SECTION 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.
Article I Section 4
SECTION 5 FREEDOM OF SPEECH. Every person may freely speak, write and publish on all subjects, being
responsible for the abuse of that right.
Article I Section 5
SECTION 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.
Article I Section 6
SECTION 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.
Article I Section 7
SECTION 8 IRREVOCABLE PRIVILEGE,
FRANCHISE OR IMMUNITY PROHIBITED. No law
granting irrevocably any privilege, franchise or immunity,
shall be passed by the legislature.
Article I Section 8
SECTION 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.
Amendment 34 (1957) — Art. 1 Section 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. [AMENDMENT 34,
1957 Senate Joint Resolution No. 14, p 1299. Approved November 4, 1958.]
Amendment 4 (1904) — Art. 1 Section 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 Section 1. Approved November, 1904.]
Article I Section 9
SECTION 10 ADMINISTRATION OF JUSTICE.
Justice in all cases shall be administered openly, and without
unnecessary delay.
Article I Section 10
SECTION 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
Article I Section 11
(2010 Ed.)
Original text — Art. 1 Section 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.
SECTION 12 SPECIAL PRIVILEGES AND
IMMUNITIES PROHIBITED. No law shall be passed
Article I Section 12
[Vol. 1—page 29]
Article I Section 13
Constitution of the State of Washington
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.
Article I Section 18
SECTION 18 MILITARY POWER, LIMITATION
OF. The military shall be in strict subordination to the civil
power.
Article I Section 19
Article I Section 13
SECTION 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.
Article I Section 14
SECTION 14 EXCESSIVE BAIL, FINES AND
PUNISHMENTS. Excessive bail shall not be required,
excessive fines imposed, nor cruel punishment inflicted.
SECTION 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.
Article I Section 20
SECTION 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.
Article I Section 15
SECTION 15 CONVICTIONS, EFFECT OF. No
conviction shall work corruption of blood, nor forfeiture of
estate.
Article I Section 16
SECTION 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-ofway 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 Section 1. Approved November,
1920.]
Original text — Art. 1 Section 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.
Article I Section 21
SECTION 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.
Article I Section 22
SECTION 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. [AMENDMENT 10, 1921 p 79 Section 1. Approved
November, 1922.]
Original text — Art. 1 Section 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.
Article I Section 23
Article I Section 17
SECTION 17 IMPRISONMENT FOR DEBT.
There shall be no imprisonment for debt, except in cases of
absconding debtors.
[Vol. 1—page 30]
SECTION 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.
(2010 Ed.)
Constitution of the State of Washington
SECTION 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.
Article I Section 24
Article II Section 1
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 Section 1. Approved November, 1912.]
SECTION 34 SAME. The legislature shall pass the
necessary laws to carry out the provisions of section thirtythree (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 Section 1. Approved November, 1912.]
Article I Section 34
SECTION 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.
Article I Section 25
SECTION 26 GRAND JURY. No grand jury shall be
drawn or summoned in any county, except the superior judge
thereof shall so order.
Article I Section 26
SECTION 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.
Article I Section 27
SECTION 28 HEREDITARY PRIVILEGES
ABOLISHED. No hereditary emoluments, privileges, or
powers, shall be granted or conferred in this state.
Article I Section 28
SECTION 29 CONSTITUTION MANDATORY.
The provisions of this Constitution are mandatory, unless by
express words they are declared to be otherwise.
Article I Section 29
SECTION 30 RIGHTS RESERVED. The enumeration in this Constitution of certain rights shall not be construed to deny others retained by the people.
Article I Section 30
SECTION 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.
Article I Section 31
SECTION 32 FUNDAMENTAL PRINCIPLES. A
frequent recurrence to fundamental principles is essential to
the security of individual right and the perpetuity of free government.
Article I Section 32
SECTION 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
SECTION 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. [AMENDMENT 84, 1989 Senate Joint Resolution
No. 8200, p 2999. Approved November 7, 1989.]
Article I Section 35
ARTICLE II
LEGISLATIVE DEPARTMENT
Article I Section 33
(2010 Ed.)
SECTION 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
Article II Section 1
[Vol. 1—page 31]
Article II Section 1
Constitution of the State of Washington
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 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.
[Vol. 1—page 32]
(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 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 Section 1.
Amendment 7 (1911) — Art. 2 Section 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,
(2010 Ed.)
Constitution of the State of Washington
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.]
(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.
(2010 Ed.)
Article II Section 3
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 Section 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.
SECTION 1(a) INITIATIVE AND REFERENDUM, SIGNATURES REQUIRED. [Stricken by
AMENDMENT 72, 1981 Substitute Senate Joint Resolution
No. 133, p 1796. Approved November 3, 1981.]
Article II Section 1(a)
Amendment 30 (1956) — Art. 2 Section 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 amendment to the
Constitution of this state. [AMENDMENT 30, 1955 Senate Joint Resolution
No. 4, p 1860. Approved November 6, 1956.]
SECTION 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.
Article II Section 2
SECTION 3 THE CENSUS. [Repealed by AMENDMENT 74, 1983 Substitute Senate Joint Resolution No. 103,
p 2202. Approved November 8, 1983.]
Article II Section 3
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
[Vol. 1—page 33]
Article II Section 4
Constitution of the State of Washington
taxed, soldiers, sailors and officers of the United States army and navy in
active service.
SECTION 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.
Article II Section 4
SECTION 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.
Article II Section 5
nor, 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.
SECTION 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.
Article II Section 11
SECTION 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.
SECTION 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 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.]
Governmental continuity during emergency periods: Art. 2 Section 42.
Extraordinary sessions to reconsider vetoes: Art. 3 Section 12.
SECTION 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.
Article II Section 6
SECTION 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.
Article II Section 7
Article II Section 8
Article II Section 12
Sessions to convene on the second Monday in January: RCW 44.04.010.
SECTION 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.
Article II Section 9
SECTION 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 gover-
Original text — Art. 2 Section 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.
Article II Section 10
[Vol. 1—page 34]
SECTION 13 LIMITATION ON MEMBERS
HOLDING OFFICE IN THE STATE. No member of the
Article II Section 13
(2010 Ed.)
Constitution of the State of Washington
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 Section 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.
Article II Section 15
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 Section 42.
Vacancies in county, etc., offices, how filled: Art. 11 Section 6.
SECTION 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.
Article II Section 14
SECTION 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 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
Article II Section 15
(2010 Ed.)
Amendment 52, part (1967) — Art. 2 Section 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 Section 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. [AMENDMENT 32, 1955 Senate Joint Resolution No. 14, p 1862.
Approved November 6, 1956.]
[Vol. 1—page 35]
Article II Section 16
Constitution of the State of Washington
Amendment 13 (1930) — Art. 2 Section 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.]
SECTION 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 Section 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.
Original text — Art. 2 Section 24 LOTTERIES AND DIVORCE
— The legislature shall never authorize any lottery or grant any divorce.
Article II Section 24
SECTION 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.]
Article II Section 25
SECTION 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.
Article II Section 16
SECTION 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.
Article II Section 17
SECTION 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.
Article II Section 18
SECTION 19 BILL TO CONTAIN ONE SUBJECT. No bill shall embrace more than one subject, and that
shall be expressed in the title.
Article II Section 19
SECTION 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.
Article II Section 20
SECTION 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.
Compensation of legislators, elected state officials, and judges: Art. 28 Section 1.
Increase during term of certain officers, authorized: Art. 30 Section 1.
Increase or diminution of compensation during term of office prohibited.
county, city, town or municipal officers: Art. 11 Section 8.
judicial officers: Art. 4 Section 13.
state officers: Art. 3 Section 25.
Original text — Art. 2 Section 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.
SECTION 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.
Article II Section 26
Article II Section 21
SECTION 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 of the members elected to each house be recorded
thereon as voting in its favor.
SECTION 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.
Article II Section 27
Article II Section 22
Governmental continuity during emergency periods: Art. 2 Section 42.
SECTION 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.
Article II Section 23
Compensation of legislators, elected state officials, and judges: Art. 28 Section 1, Art. 30.
[Vol. 1—page 36]
SECTION 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, 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.
Article II Section 28
(2010 Ed.)
Constitution of the State of Washington
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.
Article II Section 33
vate interest in any bill or measure proposed or pending
before the legislature, shall disclose the fact to the house of
which he is a member, and shall not vote thereon.
SECTION 31 LAWS, WHEN TO TAKE EFFECT.
[This section stricken by AMENDMENT 7, 1911 House Bill
No. 153, p 136. Approved November, 1912.]
Article II Section 31
Original text — Art. 2 Section 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 Sections 1 and 41.
SECTION 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.
Article II Section 32
Corporations for municipal purposes shall not be created by special laws:
Art. 11 Section 10.
SECTION 33 ALIEN OWNERSHIP. [Repealed by
AMENDMENT 42, 1965 ex.s. Senate Joint Resolution No.
20, p 2816. Approved November 8, 1966.]
SECTION 29 CONVICT LABOR. The labor of
inmates of this state shall not be let out by contract to any person, copartnership, company, or corporation, except as provided by statute, and the legislature shall by law provide for
the working of inmates for the benefit of the state, including
the working of inmates in state-run inmate labor programs.
Inmate labor programs provided by statute that are operated
and managed, in total or in part, by any profit or nonprofit
entities shall be operated so that the programs do not unfairly
compete with Washington businesses as determined by law.
[AMENDMENT 100, 2007 Senate Joint Resolution No.
8212, p 3143. Approved November 6, 2007.]
Amendment 29 (1954) — Art. 2 Section 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.]
Original text — Art. 2 Section 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.
Amendment 24 (1950) — Art. 2 Section 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.]
Article II Section 29
SECTION 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 priArticle II Section 30
(2010 Ed.)
Article II Section 33
Original text — Art. 2 Section 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
[Vol. 1—page 37]
Article II Section 34
Constitution of the State of Washington
majority of the capital stock of which is owned by aliens, shall be considered
on alien for the purposes of this prohibition.
SECTION 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.
Article II Section 34
SECTION 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.
Article II Section 35
SECTION 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.
Article II Section 36
SECTION 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.
Article II Section 37
SECTION 38 LIMITATION ON AMENDMENTS.
No amendment to any bill shall be allowed which shall
change the scope and object of the bill.
Article II Section 38
SECTION 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.
Article II Section 39
SECTION 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;
(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.]
SECTION 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.]
Article II Section 41
Reviser’s note: (1) In third sentence, comma between "general" and
"regular" omitted in conformity with enrolled resolution.
Article II Section 40
[Vol. 1—page 38]
(2) Subsection (c) of section 1 of this article was amended by Amendment 72, approved November 3, 1981.
SECTION 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 conArticle II Section 42
(2010 Ed.)
Constitution of the State of Washington
form 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. [AMENDMENT
39, 1961 House Joint Resolution No. 9, p 2758. Approved
November, 1962.]
Continuity of government act: Chapter 42.14 RCW.
SECTION 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,
Article II Section 43
(2010 Ed.)
Article III Section 1
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
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
Article III Section 1
SECTION 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.
[Vol. 1—page 39]
Article III Section 2
Constitution of the State of Washington
SECTION 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.
Article III Section 2
SECTION 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.
Article III Section 3
SECTION 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.
Article III Section 4
SECTION 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.
Article III Section 5
SECTION 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.
Article III Section 6
SECTION 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.
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 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 Section 1. Approved
November, 1910.]
Governmental continuity during emergency periods: Art. 2 Section 42.
Original text — Art. 3 Section 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.
Article III Section 7
Extraordinary sessions to reconsider vetoes: Art. 3 Section 12.
SECTION 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.
Article III Section 8
SECTION 9 PARDONING POWER. The pardoning power shall be vested in the governor under such regulations and restrictions as may be prescribed by law.
Article III Section 9
SECTION 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
Article III Section 10
[Vol. 1—page 40]
SECTION 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.
Article III Section 11
SECTION 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
Article III Section 12
(2010 Ed.)
Constitution of the State of Washington
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 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.]
Article III Section 19
Veto power does not extend to initiated or referred measures: Art. 2
Section 1(d).
SECTION 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.
Article III Section 13
Appointment of governing boards of educational, reformatory and penal
institutions: Art. 13 Section 1.
Governmental continuity during emergency periods: Art. 2 Section 42.
SECTION 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.
Article III Section 14
Compensation of legislators, elected state officials, and judges: Art. 28 Section 1, Art. 30.
SECTION 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.
Article III Section 15
SECTION 16 LIEUTENANT GO VERNOR,
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.
Article III Section 16
Compensation of legislators, elected state officials, and judges: Art. 28 Section 1, Art. 30.
Veto power withheld from initiated and referred measures: Art. 2 Section 1.
SECTION 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.
Article III Section 17
Original text — Art. 3 Section 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.
(2010 Ed.)
Compensation of legislators, elected state officials, and judges: Art. 28 Section 1, Art. 30.
SECTION 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."
Article III Section 18
Design of the Seal: Art. 18 Section 1.
State seal: RCW 1.20.080.
SECTION 19 STATE TREASURER, DUTIES AND
SALARY. The treasurer shall perform such duties as shall
Article III Section 19
[Vol. 1—page 41]
Article III Section 20
Constitution of the State of Washington
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 Section 1, Art. 30.
SECTION 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.
Article III Section 20
Compensation of legislators, elected state officials, and judges: Art. 28 Section 1, Art. 30.
SECTION 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 legislature, but shall never exceed thirty-five
hundred dollars per annum.
of public lands. [AMENDMENT 31, 1955 Senate Joint Resolution No. 6, p 1861. Approved November 6, 1956.]
Authorizing compensation increase during term: Art. 30 Section 1.
Increase or diminution of compensation during term of office prohibited.
county, city, town or municipal officers: Art. 11 Section 8.
judicial officers: Art. 4 Section 13.
public officers: Art. 2 Section 25.
Original text — Art. 3 Section 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
Article III Section 21
Compensation of legislators, elected state officials, and judges: Art. 28 Section 1, Art. 30.
SE CTI ON 1 JUDI CIAL POW ER, 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.
Article IV Section 1
Court of appeals: Art. 4 Section 30.
SECTION 2 SUPREME COURT. The supreme
court shall consist of five judges, a majority of whom shall be
necessary 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.
Article IV Section 2
SECTION 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.
Article III Section 22
Compensation of legislators, elected state officials, and judges: Art. 28 Section 1, Art. 30.
SECTION 23 COMMISSIONER OF PUBLIC
LANDS — COMPENSATION. The commissioner of public lands shall perform such duties and receive such compensation as the legislature may direct.
Article III Section 23
SECTION 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.
Article III Section 24
Governmental continuity during emergency periods: Art. 2 Section 42.
SECTION 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
Article III Section 25
[Vol. 1—page 42]
SECTION 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.]
Article IV Section 2(a)
SE CTI ON 3 EL ECT ION AND T ERM S 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
Article IV Section 3
(2010 Ed.)
Constitution of the State of Washington
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 Section 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 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.
SECTION 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. NotArticle IV Section 3(a)
(2010 Ed.)
Article IV Section 5
withstanding 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.]
Article IV Section 4
SECTION 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.
Article IV Section 5
SECTION 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 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
[Vol. 1—page 43]
Article IV Section 6
Constitution of the State of Washington
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 Section 2(a).
SECTION 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 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.]
Article IV Section 6
Amendment 65, part (1977) — Art. 4 Section 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
[Vol. 1—page 44]
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 Section 10.
Amendment 28, part (1952) — Art. 4 Section 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 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 Section 10.
ORIGINAL TEXT — ART. 4 Section 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 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 non-judicial days.
SECTION 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
Article IV Section 7
(2010 Ed.)
Constitution of the State of Washington
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 Section 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 Section 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.
Article IV Section 8
SECTION 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.
Article IV Section 13
SECTION 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.]
Article IV Section 10
Amendment 65 also amended Art. 4 Section 6.
Amendment 28, part (1952) — Art. 4 Section 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 Section 6.
Original text — Art. 4 Section 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 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.
SECTION 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.
Article IV Section 11
Article IV Section 9
SECTION 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
Section 31.
(2010 Ed.)
SECTION 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.
Article IV Section 12
SECTION 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
Article IV Section 13
[Vol. 1—page 45]
Article IV Section 14
Constitution of the State of Washington
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 Section 1.
Increase or diminution of compensation during term of office prohibited
county, city or municipal officers: Art. 11 Section 8.
public officers: Art. 2 Section 25.
state officers: Art. 3 Section 25.
SECTION 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.
Article IV Section 14
Compensation of legislators, elected state officials, and judges: Art. 28 Section 1.
SECTION 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.
Article IV Section 15
SECTION 16 CHARGING JURIES. Judges shall
not charge juries with respect to matters of fact, nor comment
thereon, but shall declare the law.
Article IV Section 16
SECTION 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.
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.
SECTION 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.
Article IV Section 21
SECT ION 2 2 CLERK OF TH E 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.
Article IV Section 22
SECTION 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.
Article IV Section 23
SECTION 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.
Article IV Section 24
SECTION 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.
Article IV Section 25
Article IV Section 17
SECTION 26 CLERK OF THE SUPERIOR
COURT. The county clerk shall be by virtue of his office,
clerk of the superior court.
Article IV Section 26
SECTION 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.
Article IV Section 27
SECTION 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.
Article IV Section 18
SECTION 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.
Article IV Section 19
SECTION 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
Article IV Section 20
[Vol. 1—page 46]
SECTION 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.
Article IV Section 28
SECTION 29 ELECTION OF SUPERIOR COURT
JUDGES. Notwithstanding any provision of this ConstituArticle IV Section 29
(2010 Ed.)
Constitution of the State of Washington
tion 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.]
Article IV Section 30
SECTION 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.
(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.]
Reviser’s note: This section which was adopted as Sec. 29 is herein
renumbered Sec. 30 to avoid confusion with Sec. 29, supra.
Article IV Section 31
SECTION 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 limited jurisdiction 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.
(2010 Ed.)
Article IV Section 31
(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 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.
[Vol. 1—page 47]
Article IV Section 31
Constitution of the State of Washington
(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 97, 2005 Senate
Joint Resolution No. 8207, pp 2799, 2800. Approved
November 8, 2005.]
Removal by legislature: Art. 4 Section 9.
Amendment 85 (1989) — Art. 4 Section 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 that
[Vol. 1—page 48]
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.]
Amendment 77 (1986) — Art. 4 Section 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 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 Section 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
(2010 Ed.)
Constitution of the State of Washington
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
SECTION 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.
Article V Section 1
SECTION 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.
Article V Section 2
SECTION 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.
Article V Section 3
ARTICLE VI
ELECTIONS AND ELECTIVE RIGHTS
SECTION 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.]
Article VI Section 1
(2010 Ed.)
Article VI Section 2
Amendment 5 (1910) — Art. 6 Section 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 Section 1.
Approved November, 1910.]
Amendment 2 (1896) — Art. 6 Section 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 Section 1.
Approved November, 1896.]
Original text — Art. 6 Section 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.
SECTION 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.]
Article VI Section 1A
SECTION 2 SCHOOL ELECTIONS — FRANCHISE, HOW EXTENDED. [This section stricken by
AMENDMENT 5, see Art. 6 Section 1.]
Article VI Section 2
Original text — Art. 6 Section 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.
[Vol. 1—page 49]
Article VI Section 3
Constitution of the State of Washington
ARTICLE VII
REVENUE AND TAXATION
Article VI Section 3
SECTION 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 Section 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.
Article VI Section 4
SECTION 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.
Article VI Section 5
SECTION 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.
Article VI Section 6
SECTION 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.
Article VI Section 7
SECTION 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.
Article VI Section 8
SECTION 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 thereafter on the
Tuesday succeeding the first Monday in November.
Cf. Art. 27 Section 14.
[Vol. 1—page 50]
Article VII Section 1
SECTION 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 fifteen thousand ($15,000.00) 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
98, 2006 House Joint Resolution No. 4223, p 2117.
Approved November 7, 2006.]
Amendment 81 (1988) — Art. 7 Section 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 Section 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 Section 1. Approved November, 1930.]
(2010 Ed.)
Constitution of the State of Washington
Reviser’s note: Amendment 14 amended Art. 7 by striking all of Sections 1, 2, 3 and 4. Subsequently, Amendment 17 added a new Section 2, and
Amendment 19 added a new Section 3.
Original text — Art. 7 Section 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 Section 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." [AMENDMENT 3,
1899 p 121 Section 1. Approved November, 1900.]
Original text — Art. 7 Section 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 Section 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 Section 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.
SECTION 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.
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 initial levy is to be made and not
Article VII Section 2
(2010 Ed.)
Article VII Section 2
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. 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. Notwithstanding any other provision of this subsection, a proposition
under this subsection to levy an additional tax for a school
district shall be authorized by a majority of the voters voting
on the proposition, regardless of the number of voters voting
on the proposition;
(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. 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. 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 101, 2007 Engrossed House Joint Resolution No.
4204, pp 3143-3145. Approved November 6, 2007.]
Prior amendments of Art. 7 Section 2, see Amendments 17, 55, 59, 64,
79, and 90.
Amendment 95 (2002) — Art. 7 Section 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
[Vol. 1—page 51]
Article VII Section 2
Constitution of the State of Washington
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 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.]
Amendment 90 (1997) — Art. 7 Section 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 prop[Vol. 1—page 52]
osition 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;
(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
90, 1997 House Joint Resolution No. 4208, p 3063. Approved November 4,
1997.]
Amendment 79 (1986) — Art. 7 Section 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
(2010 Ed.)
Constitution of the State of Washington
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
79, 1986 House Joint Resolution No. 55, p 1530. Approved November 4,
1986.]
Amendment 64 (1976) — Art. 7 Section 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
(2010 Ed.)
Article VII Section 2
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 Section
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;
(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 Section 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 Section 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 valu[Vol. 1—page 53]
Article VII Section 3
Constitution of the State of Washington
ation, 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 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, Section 1, above.
SECTION 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.]
Article VII Section 3
Reviser’s note: Original section 3 was stricken by Amendment 14.
The original section is set out following Art. 7 Section 1, above.
SECTION 4 NO SURRENDER OF POWER OR
SUSPENSION OF TAX ON CORPORATE PROPERTY.
Article VII Section 4
Reviser’s note: Original section 4 was stricken by Amendment 14. It
is set out following Art. 7 Section 1, above.
SECTION 5 TAXES, HOW LEVIED. No tax shall
be levied except in pursuance of law; and every law imposing
Article VII Section 5
[Vol. 1—page 54]
a tax shall state distinctly the object of the same to which only
it shall be applied.
SECTION 6 TAXES, HOW PAID. All taxes levied
and collected for state purposes shall be paid in money only
into the state treasury.
Article VII Section 6
SECTION 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.
Article VII Section 7
SECTION 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.
Article VII Section 8
SECTION 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.
Article VII Section 9
SECTION 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.]
Article VII Section 10
SECTION 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 VII Section 11
(2010 Ed.)
Constitution of the State of Washington
SECTION
12
BUDGET
STABILIZATION
ACCOUNT. (Effective July 1, 2008.) (a) A budget stabilization account shall be established and maintained in the
state treasury.
(b) By June 30th of each fiscal year, an amount equal to
one percent of the general state revenues for that fiscal year
shall be transferred to the budget stabilization account. Nothing in this subsection (b) shall prevent the appropriation of
additional amounts to the budget stabilization account.
(c) Each fiscal quarter, the state economic and revenue
forecast council appointed and authorized as provided by
statute, or successor entity, shall estimate state employment
growth for the current and next two fiscal years.
(d) Moneys may be withdrawn and appropriated from
the budget stabilization account as follows:
(i) If the governor declares a state of emergency resulting
from a catastrophic event that necessitates government action
to protect life or public safety, then for that fiscal year moneys may be withdrawn and appropriated from the budget stabilization account, via separate legislation setting forth the
nature of the emergency and containing an appropriation limited to the above-authorized purposes as contained in the declaration, by a favorable vote of a majority of the members
elected to each house of the legislature.
(ii) If the employment growth forecast for any fiscal year
is estimated to be less than one percent, then for that fiscal
year moneys may be withdrawn and appropriated from the
budget stabilization account by the favorable vote of a majority of the members elected to each house of the legislature.
(iii) Any amount may be withdrawn and appropriated
from the budget stabilization account at any time by the
favorable vote of at least three-fifths of the members of each
house of the legislature.
(e) Amounts in the budget stabilization account may be
invested as provided by law and retained in that account.
When the balance in the budget stabilization account, including investment earnings, equals more than ten percent of the
estimated general state revenues in that fiscal year, the legislature by the favorable vote of a majority of the members
elected to each house of the legislature may withdraw and
appropriate the balance to the extent that the balance exceeds
ten percent of the estimated general state revenues. Appropriations under this subsection (e) may be made solely for
deposit to the education construction fund.
(f) As used in this section, "general state revenues" has
the meaning set forth in Article VIII, section 1 of the Constitution. Forecasts and estimates shall be made by the state
economic and revenue forecast council appointed and authorized as provided by statute, or successor entity.
(g) The legislature shall enact appropriate laws to carry
out the purposes of this section.
(h) This section takes effect July 1, 2008. [AMENDMENT 99, 2007 Engrossed Substitute Senate Joint Resolution No. 8206, pp 3146, 3147. Approved November 6, 2007.]
ARTICLE VIII
STATE, COUNTY, AND
MUNICIPAL INDEBTEDNESS
SECTION 1 STATE DEBT. (a) The state may contract debt, the principal of which shall be paid and discharged
Article VIII Section 1
(2010 Ed.)
Article VIII Section 1
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 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 sub[Vol. 1—page 55]
Article VIII Section 1
Constitution of the State of Washington
section (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.
(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
[Vol. 1—page 56]
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
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 threefifths 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
(2010 Ed.)
Constitution of the State of Washington
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. [AMENDMENT 60, part, 1971 House Joint Resolution
No. 52, part, p 1836. Approved November, 1972.]
Original text — Art. 8 Section 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.
SECTION 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.
Article VIII Section 2
SECTION 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.]
Article VIII Section 6
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 Section 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, for three months
next preceding the election at which it is submitted to the people.
SECTION 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 Section 1. Approved November, 1922.]
Article VIII Section 4
Original text — Art. 8 Section 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.
Article VIII Section 3
Amendment 48 (1966) — Art. 8 Section 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
(2010 Ed.)
SECTION 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.
Article VIII Section 5
SECTION 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 onehalf 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
Article VIII Section 6
[Vol. 1—page 57]
Article VIII Section 7
Constitution of the State of Washington
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 Section 2 (Limitation on Levies) also subject to limitations contained in Art. 8 Section 6: Art. 7 Section 2 (b).
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.
SECTION 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.]
Article VIII Section 10
Original text — Art. 8 Section 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 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.
SECTION 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.
Article VIII Section 7
SECTION 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.]
Article VIII Section 8
SECTION 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
Article VIII Section 9
[Vol. 1—page 58]
Amendment 86 (1989) — Art. 8 Section 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 Section 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
(2010 Ed.)
Constitution of the State of Washington
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 Section 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.]
SECTION 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 VIII Section 11
ARTICLE IX
EDUCATION
SECTION 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.
Article IX Section 1
SECTION 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.
Article IX Section 2
SECTION 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 proArticle IX Section 3
(2010 Ed.)
Article IX Section 3
vision 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 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 Section 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 pub[Vol. 1—page 59]
Article IX Section 4
Constitution of the State of Washington
lic 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.
SECTION 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.
Article IX Section 4
the peace, be privileged from arrest during their attendance at
musters and elections of officers, and in going to and returning from the same.
SECTION 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 X Section 6
ARTICLE XI
COUNTY, CITY, AND TOWNSHIP ORGANIZATION
SECTION 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.
Article XI Section 1
SECTION 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 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.
Article IX Section 5
Investment of permanent school fund: Art. 16 Section 5.
SECTION 2 COUNTY SEATS — LOCATION
AND REMOVAL. 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 proposition of removal shall not be submitted in the same county
more than once in four years.
Article XI Section 2
Governmental continuity during emergency periods: Art. 2 Section 42.
ARTICLE X
MILITIA
SECTION 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.
Article X Section 1
SECTION 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.
Article X Section 2
SECTION 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.
SECTION 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.
Article XI Section 3
Article X Section 3
SECTION 4 PUBLIC ARMS. The legislature shall
provide by law, for the protection and safe keeping of the
public arms.
Article X Section 4
SECTION 5 PRIVILEGE FROM ARREST. The
militia shall, in all cases, except treason, felony and breach of
Article X Section 5
[Vol. 1—page 60]
SECTION 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
Article XI Section 4
(2010 Ed.)
Constitution of the State of Washington
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
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
(2010 Ed.)
Article XI Section 4
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 legislative authority of the county. [AMENDMENT 21, 1947 Senate Joint Resolution No. 5, p 1372. Approved November 2,
1948.]
Original text — Art. 11 Section 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
[Vol. 1—page 61]
Article XI Section 5
Constitution of the State of Washington
affairs of the several townships therein shall be managed and transacted in
the manner prescribed by such general laws.
SECTION 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.]
Article XI Section 5
Amendment 12 (1924) — Art. 11 Section 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. 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 Section 1. Approved November, 1924.]
Original text — Art. 11 Section 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.
SECTION 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.]
Article XI Section 6
Governmental continuity during emergency periods: Art. 2 Section 42.
Vacancies in legislature and in partisan county elective office: Art. 2 Section
15.
[Vol. 1—page 62]
Original text — Art. 11 Section 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.
SECTION 7 TENURE OF OFFICE LIMITED TO
TWO TERMS. [Repealed by AMENDMENT 22, 1947
House Joint Resolution No. 4, p 1385. Approved November
2, 1948.]
Article XI Section 7
Original text — Art. 11 Section 7 TENURE OF OFFICE LIMITED TO TWO TERMS — No county officer shall be eligible to hold his
office more than two terms in succession.
SECTION 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.]
Article XI Section 8
Original text — Art. 11 Section 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.
SECTION 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 purposes, nor shall commutation for such
taxes be authorized in any form whatever.
Article XI Section 9
SECTION 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 conArticle XI Section 10
(2010 Ed.)
Constitution of the State of Washington
vene 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 Section 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 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
(2010 Ed.)
Article XI Section 16
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 Section 6.
SECTION 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.
Article XI Section 11
SECTION 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.
Article XI Section 12
SECTION 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.
Article XI Section 13
SECTION 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.
Article XI Section 14
SECTION 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.
Article XI Section 15
SECTION 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 charArticle XI Section 16
[Vol. 1—page 63]
Article XII Section 1
Constitution of the State of Washington
ter. 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 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
[Vol. 1—page 64]
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 Section 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 provisions.
[AMENDMENT 23, 1947 House Joint Resolution No. 13, p 1386.
Approved November 2, 1948.]
ARTICLE XII
CORPORATIONS OTHER THAN MUNICIPAL
SECTION 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.
Article XII Section 1
SECTION 2 EXISTING CHARTERS. All existing
charters, franchises, special or exclusive privileges, under
Article XII Section 2
(2010 Ed.)
Constitution of the State of Washington
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.
SECTION 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.
Article XII Section 3
SECTION 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.
Article XII Section 4
SECTION 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.
Article XII Section 5
SECTION 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.
Article XII Section 6
SECTION 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.
Article XII Section 13
SECTION 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.
Article XII Section 10
SECTION 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.]
Article XII Section 11
Original text — Art. 12 Section 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.
Article XII Section 7
SECTION 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.
Article XII Section 8
SECTION 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.
Article XII Section 9
(2010 Ed.)
SECTION 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.
Article XII Section 12
SECTION 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 railArticle XII Section 13
[Vol. 1—page 65]
Article XII Section 14
Constitution of the State of Washington
road, 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.
Article XII Section 14
SECTION 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 Section 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.
Article XII Section 15
SECTION 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.
Article XII Section 16
SECTION 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.
Original text — Art. 12 Section 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.
SECTION 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.
Article XII Section 19
Eminent domain: Art. 1 Section 16.
SECTION 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.
Article XII Section 20
SECTION 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.
Article XII Section 21
Article XII Section 17
SECTION 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 individuals
and such property shall not be exempted from execution and
sale.
Article XII Section 18
SECTION 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.]
[Vol. 1—page 66]
SECTION 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 regArticle XII Section 22
(2010 Ed.)
Constitution of the State of Washington
ulating 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 XV Section 1
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.
SECTION 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.
Article XIV Section 2
ARTICLE XIII
STATE INSTITUTIONS
SECTION 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.]
Article XIII Section 1
Original text — Art. 13 Section 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
SECTION 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 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
Article XIV Section 1
(2010 Ed.)
Governmental continuity during emergency periods: Art. 2 Section 42.
SECTION 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 XIV Section 3
ARTICLE XV
HARBORS AND TIDE WATERS
SECTION 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 Section 1. Approved November,
1932.]
Article XV Section 1
Tide lands: Art. 17.
Original text — Art. 15 Section 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
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
[Vol. 1—page 67]
Article XV Section 2
Constitution of the State of Washington
relinquished, but such area shall be forever reserved for landings, wharves,
streets and other conveniences of navigation and commerce.
SECTION 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.
Article XV Section 2
SECTION 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 XV Section 3
ARTICLE XVI
SCHOOL AND GRANTED LANDS
SECTION 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.
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.
SECTION 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.]
Article XVI Section 5
Amendment 1 (1894) — Art. 16 Section 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 Section 1. Approved November, 1894.]
Article XVI Section 1
SECTION 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.
Article XVI Section 2
SECTION 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.
Article XVI Section 3
SECTION 4 HOW MUCH MAY BE OFFERED IN
CERTAIN CASES —PLATTING OF. No more than one
Article XVI Section 4
[Vol. 1—page 68]
Original text — Art. 16 Section 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 Section 3.
SECTION 6 INVESTMENT OF HIGHER EDUCATION PERMANENT FUNDS. Notwithstanding the provisions of Article VIII, sections 5 and 7 and Article XII, section 9, or any other section or article of the Constitution of the
state of Washington, the moneys of the permanent funds
established for any of the institutions of higher education in
this state may be invested as authorized by law. Without limitation, this shall include the authority to invest permanent
funds held for the benefit of institutions of higher education
in stocks or bonds issued by any association, company, or
corporation if authorized by law. [AMENDMENT 102,
2007 Substitute House Joint Resolution No. 4215, p 3145.
Approved November 6, 2007.]
Article XVI Section 6
ARTICLE XVII
TIDE LANDS
SECTION 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.
Article XVII Section 1
Harbors and tide waters: Art. 15.
SECTION 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 XVII Section 2
(2010 Ed.)
Constitution of the State of Washington
ARTICLE XVIII
STATE SEAL
SECTION 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."
Article XVIII Section 1
Custody of seal: Art. 3 Section 18.
State seal: RCW 1.20.080.
ARTICLE XIX
EXEMPTIONS
SECTION 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.
Article XIX Section 1
ARTICLE XX
PUBLIC HEALTH AND VITAL STATISTICS
SECTION 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.
Article XX Section 1
SECTION 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 XX Section 2
ARTICLE XXI
WATER AND WATER RIGHTS
SECTION 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 XXI Section 1
ARTICLE XXII
LEGISLATIVE APPORTIONMENT
SECTION 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
Article XXII Section 1
(2010 Ed.)
Article XXII Section 2
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 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.
Article XXII Section 2
SECTION 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;
[Vol. 1—page 69]
Article XXIII Section 1
Constitution of the State of Washington
ARTICLE XXIV
BOUNDARIES
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
Article XXIII Section 1
SECTION 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. [AMENDMENT
37, 1961 Senate Joint Resolution No. 25, p 2753. Approved
November, 1962.]
Original text — Art. 23 Section 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.
Article XXIII Section 2
SECTION 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.
SECTION 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 fortysixth 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 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.]
Article XXIV Section 1
Original text — Art. 24 Section 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
SECTION 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 governArticle XXV Section 1
Article XXIII Section 3
SECTION 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.
[Vol. 1—page 70]
(2010 Ed.)
Constitution of the State of Washington
ment 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:
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.
(2010 Ed.)
Article XXVII Section 5
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:
SECTION 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.
Article XXVII Section 1
SECTION 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.
Article XXVII Section 2
SECTION 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.
Article XXVII Section 3
SECTION 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.
Article XXVII Section 4
SECTION 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
Article XXVII Section 5
[Vol. 1—page 71]
Article XXVII Section 6
Constitution of the State of Washington
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.
SECTION 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.
Article XXVII Section 6
SECTION 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.
Article XXVII Section 7
SECTION 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 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.
Article XXVII Section 8
SECTION 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
Article XXVII Section 9
[Vol. 1—page 72]
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.
Article XXVII Section 10
SECTION 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.
Article XXVII Section 11
SECTION 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.
Article XXVII Section 12
SECTION 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.
Article XXVII Section 13
SECTION 13 REPRESENTATION IN CONGRESS. [Repealed by AMENDMENT 74, 1983 Substitute
Senate Joint Resolution No. 103. Approved November 8,
1983.]
Original text — Art. 27 Section 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.
(2010 Ed.)
Constitution of the State of Washington
SECTION 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.
Article XXVII Section 14
SECTION 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.
Article XXVII Section 15
SECTION 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 the issue of said proclamation, unless otherwise provided herein.
Article XXVII Section 16
SECTION 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:
Article XXVII Section 17
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.
(2010 Ed.)
Article XXVIII Section 1
SECTION 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) - - - - - - - - - - - - - - - - - - - Article XXVII Section 18
The result of the election was against both woman suffrage and prohibition.
SECTION 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 XXVII Section 19
ARTICLE XXVIII
COMPENSATION OF STATE OFFICERS
SECTION 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.
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 twothirds 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 XXVIII Section 1
[Vol. 1—page 73]
Article XXIX Section 1
Constitution of the State of Washington
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 Section 1.
Amendment 20 (1948) — Art. 28 Section 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 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
SECTION 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.
Article XXXI Section 1
SECTION 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 XXXI Section 2
ARTICLE XXIX
INVESTMENTS OF PUBLIC PENSION AND
RETIREMENT FUNDS
SECTION 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.]
Article XXIX Section 1
Amendment 75 (1985) — Art. 29 Section 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.]
Amendment 49 (1968) — Art. 29 Section 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
SECTION 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 XXX Section 1
[Vol. 1—page 74]
The name of this Article and the captions have been supplied by the reviser.
ARTICLE XXXII
SPECIAL REVENUE FINANCING
SECTION 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.
(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.
Article XXXII Section 1
(2010 Ed.)
Constitution of the State of Washington
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.
CERTIFICATE
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 twentysecond 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
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
(2010 Ed.)
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
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
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
Article XXXII Section 1
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 Art.
2 Art.
3 Art.
4
5
6
7
Art.
Art.
Art.
Art.
8
9
10
11
Art.
Art.
Art.
Art.
12 Art.
13 Art.
14 Art.
15 Art.
16
17
18
19
Art.
Art.
Art.
Art.
20 Art.
21 Art.
22 Art.
23 Art.
24 Art.
16 § 5
6 § 1
7 § 2
Investment of school fund.
Qualifications of voters.
(original) Taxation—Uniformity and equality—Exemption.
1 § 11
Religious freedom.
6 § 1
Qualifications of electors.
3 § 10
Vacancy in office of governor.
2 § 1
Legislative powers, where
vested.
1 §§ 33, 34 Recall of elective officers.
1 § 16
Eminent domain.
1 § 22
Rights of the accused.
8 § 4
Moneys disbursed only by
appropriation.
11 § 5
County government.
2 § 15
Vacancies in legislature.
7 § 1
Taxation (and repealing Art.
7 §§ 1-4.)
15 § 1
Harbor line commission and
restraint on disposition.
12 § 11
Stockholder liability.
7 § 2
Forty mill limit.
2 § 40
Highway funds.
7 § 3
Taxation of federal agencies
and property.
28 § 1
Compensation of state officers.
11 § 4
County government and
township organization.
11 § 7
Tenure of office limited to two
terms. (Repealed.)
11 § 16
Combined city and county.
2 § 33
Alien ownership.
[Vol. 1—page 75]
Article XXXII Section 1
25 Art.
4 § 3(a)
26 Art.
2 § 41
27 Art.
8 § 6
28 Art.
Art.
29 Art.
30 Art.
4
4
2
2
31 Art.
3 § 25
§
§
§
§
6
10
33
1(a)
32 Art.
2 § 15
33 Art.
34 Art.
35 Art.
24 § 1
1 § 11
2 § 25
36 Art.
2 § 1
37 Art.
23 § 1
38 Art.
4 § 2(a)
39 Art.
2 § 42
40 Art.
11 § 10
41 Art.
4 § 29
42
43 Art.
44 Art.
9 § 3
16 § 5
45 Art.
8 § 8
46 Art.
6 § 1A
47 Art.
7 § 10
48 Art.
8 § 3
49 Art.
29 § 1
50 Art.
51 Art.
[Vol. 1—page 76]
4 § 30
8 § 9
Constitution of the State of Washington
Retirement of supreme court
and superior court judges.
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.
52 Art.
Art.
2 § 15
11 § 6
53 Art.
54 Art.
7 § 11
30 § 1
55 Art.
56 Art.
57 Art.
7 § 2
2 § 24
11 §§ 5, 8
58 Art.
59 Art.
60 Art.
11 § 16
7 § 2
8 §§ 1, 3
61 Art.
31 §§ 1, 2
62
63
64
65
3
6
7
4
4
12
12
Art.
Art.
Art.
Art.
Art.
66 Art.
67 Art.
§
§
§
§
§
§
§
12
1
2
6
10
18
14
68 Art.
69 Art.
2 § 12
2 § 13
70 Art.
8 § 10
71 Art.
4 § 31
72 Art.
2 § 1
Art.
2 § 1(a)
73 Art.
74 Art.
Art.
Art.
32
2
2
27
75 Art.
29 § 1
76 Art.
§
§
§
§
1
3
43
13
8 § 11
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.
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.
(2010 Ed.)
Constitution of the State of Washington
77 Art.
78 Art.
4 § 31
28 § 1
79 Art.
80 Art.
7 § 2
4 § 7
81 Art.
82 Art.
7 § 1
8 § 10
83 Art.
Art.
6 § 3
13 § 1
84 Art.
85 Art.
1 § 35
4 § 31
86 Art.
8 § 10
87 Art.
88 Art.
89 Art.
4 § 6
1 § 11
4 § 3
90 Art.
91 Art.
7 § 2
8 § 10
92 Art.
93 Art.
8 § 1
29 § 1
94 Art.
4 § 7
95 Art.
96 Art.
7 § 2
2 § 15
97 Art.
4 § 31
98
99
100
101
102
Art.
Art.
Art.
Art.
Art.
7
7
2
7
16
§
§
§
§
§
1
12
29
2
6
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.
Exchange of judges—Judge
pro tempore.
Limitation on levies.
Vacancies in legislature and in
partisan county elective
office.
Commission on judicial conduct.
Taxation.
Budget stabilization account.
Convict labor.
Limitation on levies.
Investment of higher education permanent funds.
AMENDMENT 1
Art. 16 Section 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
(2010 Ed.)
Amendment 4
invested in national, state, county, municipal or school district bonds. [1893 p 9 Section 1. Adopted November, 1894.]
Art. 16 Section 5 was later amended by Amendment 44.
Amendment 2
AMENDMENT 2
Art. 6 Section 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 Section 1. Approved November,
1896.]
Art. 6 Section 1 was later amended by Amendment 5.
Amendment 3
AMENDMENT 3
Art. 7 Section 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 Section 1.
Approved November, 1900.]
Original Art. 7 Section 2 and Amendment 3 were stricken by Amendment 14.
Amendment 4
AMENDMENT 4
Art. 1 Section 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
[Vol. 1—page 77]
Amendment 5
Constitution of the State of Washington
religious belief to affect the weight of his testimony. [1903 p
283 Section 1. Approved November, 1904.]
Art. 1 Section 11 was later amended by Amendments 34 and 88.
Amendment 5
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 Section 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 Section 1. Approved November, 1910.]
Prior amendment of Art. 6, see Amendment 2.
Art. 6. Section 1 was later amended by Amendment 63.
Amendment 6
AMENDMENT 6
Art. 3 Section 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 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
[Vol. 1—page 78]
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 Section 1. Approved November, 1910.]
Amendment 7
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 Section 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 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
(2010 Ed.)
Constitution of the State of Washington
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 additional legislation
shall especially provide therefor. This section is self-execut(2010 Ed.)
Amendment 9
ing, 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 Section 1. Approved November, 1912.]
Last paragraph is superseded by Amendment 36.
Art. 2 Section 1 was later amended by Amendment 72.
Amendment 8
AMENDMENT 8
Article 1 was amended by adding the two following sections:
Art. 1 Section 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 Section 34 SAME. The legislature shall pass the
necessary laws to carry out the provisions of section thirtythree (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 Section 1.
Approved November, 1912.]
Amendment 9
AMENDMENT 9
Art. 1 Section 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[Vol. 1—page 79]
Amendment 10
Constitution of the State of Washington
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 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
Section 1. Approved November, 1920.]
Amendment 10
AMENDMENT 10
Art. 1 Section 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 Section 1. Approved November, 1922.]
Amendment 11
AMENDMENT 11
Art. 8 Section 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 Section 1.
Approved November, 1922.]
Amendment 12
AMENDMENT 12
Art. 11 Section 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 attor[Vol. 1—page 80]
neys 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. 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 Section 1.
Approved November, 1924.]
Art. 11 Section 5 was later amended by Amendment 57.
Amendment 13
AMENDMENT 13
Art. 2 Section 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. 2 Section 15 was later amended by Amendments 32, 52, and 96.
Amendment 14
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 Section 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 Section 1. Approved
November, 1930.]
Amendment 17 added a new Section 2.
(2010 Ed.)
Constitution of the State of Washington
Amendment 19 added a new Section 3.
Art. 7 Section 1 was later amended by Amendments 81 and 98.
Amendment 15
AMENDMENT 15
Art. 15 Section 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 Section 1. Approved November, 1932.]
Amendment 16
AMENDMENT 16
Art. 12 Section 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
AMENDMENT 17
Art. 7 Section 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
(2010 Ed.)
Amendment 17
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 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 Section 2 was later amended by Amendments 55, 59, 64, 79, 90,
95, and 101.
[Vol. 1—page 81]
Amendment 18
Amendment 18
Constitution of the State of Washington
AMENDMENT 18
Art. 2 Section 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;
(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
AMENDMENT 19
Art. 7 Section 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
AMENDMENT 20
Art. 28 Section 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.
[Vol. 1—page 82]
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 Section 1 was later amended by Amendment 78.
Authorizing compensation increase during term: See Amendment 54.
Amendment 21
AMENDMENT 21
Art. 11 Section 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
(2010 Ed.)
Constitution of the State of Washington
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
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
(2010 Ed.)
Amendment 23
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. [1947 Senate Joint Resolution
No. 5, p 1372. Approved November 2, 1948.]
Amendment 22
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
AMENDMENT 23
Art. 11 Section 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
[Vol. 1—page 83]
Amendment 24
Constitution of the State of Washington
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 provisions. [1947 House Joint Resolution No. 13, p
1386. Approved November 2, 1948.]
Art. 11 Section 16 was later amended by Amendment 58.
Amendment 24
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 Section 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 Section 33 was also amended by Amendment 29.
Amendment 25
AMENDMENT 25
Article 4 was amended by adding the following section:
Art. 4 Section 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
AMENDMENT 26
Article 2 was amended by adding the following section:
[Vol. 1—page 84]
Art. 2 Section 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. [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
AMENDMENT 27
Art. 8 Section 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 onehalf 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
AMENDMENT 28
Art. 4 Section 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 con(2010 Ed.)
Constitution of the State of Washington
troversy 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 of prohibition and of habeas
corpus may be issued and served on legal holidays and nonjudicial days.
Later amendment to Art. 4 Section 6, see Amendment 87.
Art. 4 Section 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.]
65.
Later amendment to Art. 4 Section 6 and Section 10, see Amendment
Amendment 29
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 Section 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
(2010 Ed.)
Amendment 32
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 Section 33, see Amendment 24.
Amendment 30
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 Section 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 amendment to the
Constitution of this state. [1955 Senate Joint Resolution No. 4, p 1860.
Approved November 6, 1956.]
Amendment 31
AMENDMENT 31
Art. 3 Section 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
AMENDMENT 32
Art. 2 Section 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
[Vol. 1—page 85]
Amendment 33
Constitution of the State of Washington
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 Section 15, see Amendment 13.
Later amendment of Art. 2 Section 15, see Amendments 52 and 96.
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.]
Prior amendment of Art. 1 Section 11, see Amendment 4.
Art. 1 Section 11 was later amended by Amendment 88.
Amendment 35
Amendment 33
AMENDMENT 33
Art. 24 Section 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 fortysixth 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 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 34
AMENDMENT 34
Art. 1 Section 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
[Vol. 1—page 86]
AMENDMENT 35
Art. 2 Section 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.]
Increase during term in compensation of certain officers authorized: See
Amendment 54.
Amendment 36
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 37
AMENDMENT 37
Art. 23 Section 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
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Constitution of the State of Washington
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.]
Amendment 38
AMENDMENT 38
Article 4 was amended by adding the following section:
Art. 4 Section 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.]
Amendment 39
AMENDMENT 39
Art. 2 Section 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.]
(2010 Ed.)
Amendment 40
Amendment 41
AMENDMENT 40
Art. 11 Section 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. [1963
ex.s. Senate Joint Resolution No. 1, p 1526. Approved
November 3, 1964.]
Amendment 41
AMENDMENT 41
Art. 4 Section 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,
[Vol. 1—page 87]
Amendment 42
Constitution of the State of Washington
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.]
Amendment 42
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
AMENDMENT 43
Art. 9 Section 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
[Vol. 1—page 88]
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 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
AMENDMENT 44
Art. 16 Section 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 Section 5, see Amendment 1.
Amendment 45
AMENDMENT 45
Art. 8 Section 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
AMENDMENT 46
Art. 6 Section 1A VOTER QUALIFICATIONS FOR
PRESIDENTIAL ELECTIONS. In consideration of those
citizens of the United States who become residents of the
(2010 Ed.)
Constitution of the State of Washington
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
AMENDMENT 47
Art. 7 Section 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. [1965 ex.s. House
Joint Resolution No. 7, p 2821. Approved November 8,
1966.]
Amendment 48
AMENDMENT 48
Art. 8 Section 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 Section 3 was later amended by Amendment 60.
(2010 Ed.)
Amendment 49
Amendment 51
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 Section 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 Section 1 was later amended by Amendments 75 and 93.
Amendment 50
AMENDMENT 50
Article 4 was amended by adding the following section:
Art. 4 Section 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.
(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 Section 29 is
herein renumbered Art. 4 Section 30 to avoid confusion with Amendment
41.
Amendment 51
AMENDMENT 51
Article 8 was amended by adding the following section:
Art. 8 Section 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
[Vol. 1—page 89]
Amendment 52
Constitution of the State of Washington
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 Section 8 is
herein renumbered as Art. 8 Section 9 to avoid confusion with Amendment
45.
Amendment 52
AMENDMENT 52
Art. 2 Section 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.
Art. 11 Section 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.]
[Vol. 1—page 90]
Prior amendment of Art. 2 Section 15, see Amendments 13 and 32.
Later amendment of Art. 2 Section 15, see Amendment 96.
Amendment 53
AMENDMENT 53
Article 7 was amended by adding the following section:
Art. 7 Section 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
AMENDMENT 54
The Constitution was amended by adding the following
new article and section 1 thereof:
ARTICLE XXX*
COMPENSATION OF PUBLIC OFFICERS**
Art. 30 Section 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. [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
AMENDMENT 55
Art. 7 Section 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
(2010 Ed.)
Constitution of the State of Washington
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. [1971 Senate Joint
Resolution No. 1, p 1827. Approved November 7, 1972.]
Reviser’s note: Art. 7 Section 2 was also amended at the November 7,
1972 general election by Amendment 59. (HJR 47.)
Prior amendment of Art. 7 Section 2, see Amendment 17.
Art. 7 Section 2 was later amended by Amendments 59, 64, 79, 90, 95,
and 101.
Amendment 56
AMENDMENT 56
Art. 2 Section 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.]
(2010 Ed.)
Amendment 57
Amendment 58
AMENDMENT 57
Art. 11 Section 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 Section 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 Section 5, see Amendment 12.
Amendment 58
AMENDMENT 58
Art. 11 Section 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.
[Vol. 1—page 91]
Amendment 59
Constitution of the State of Washington
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 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.
[Vol. 1—page 92]
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 Section 16, see Amendment 23.
Amendment 59
AMENDMENT 59
Art. 7 Section 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 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
(2010 Ed.)
Constitution of the State of Washington
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 Section 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 Section 2, see Amendments 17 and 55.
Art. 7 Section 2 was later amended by Amendments 64, 79, 90, 95, and
101.
Amendment 60
AMENDMENT 60
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 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,
(2010 Ed.)
Amendment 60
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
[Vol. 1—page 93]
Amendment 61
Constitution of the State of Washington
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 Section 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. [1971 House Joint Resolution No. 52, p 1836.
Approved November 7, 1972.]
Prior amendment of Art. 8 Section 3, see Amendment 48.
Art. 8 Section 3 was later amended by Amendment 92.
Amendment 61
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 Section 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 Section 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.
[Vol. 1—page 94]
Amendment 62
AMENDMENT 62
Art. 3 Section 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 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. [1974 Senate
Joint Resolution No. 140, p 806. Approved November 5,
1974.]
Amendment 63
AMENDMENT 63
Art. 6 Section 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 Section 1, see Amendments 2 and 5.
(2010 Ed.)
Constitution of the State of Washington
Amendment 64
AMENDMENT 64
Art. 7 Section 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 limita(2010 Ed.)
Amendment 65
tions 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.]
101.
Prior amendment of Art. 7 Section 2, see Amendments 17, 55, and 59.
Art. 7 Section 2 was later amended by Amendments 79, 90, 95, and
Amendment 65
AMENDMENT 65
Art. 4 Section 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. [1977 Senate Joint Resolution No. 113, p 1714. Approved November 8, 1977.]
Art. 4 Section 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
[Vol. 1—page 95]
Amendment 66
Constitution of the State of Washington
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.]
28.
Prior amendment of Art. 4 Section 6 and Section 10, see Amendment
Amendment 66
AMENDMENT 66
Art. 12 Section 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.]
[1979 Substitute Senate Joint Resolution No. 110, p 2286.
Approved November 6, 1979.]
Amendment 69
Art. 2 Section 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
Amendment 67
AMENDMENT 67
Art. 12 Section 14 PROHIBITION AGAINST COMBINATIONS BY CARRIERS. [Repealed by 1977 House Joint
Resolution No. 57, p 1714. Approved November 8, 1977.]
Amendment 68
AMENDMENT 68
Art. 2 Section 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 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.
[Vol. 1—page 96]
AMENDMENT 69
AMENDMENT 70
Article 8 was amended by adding the following section:
Art. 8 Section 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 Section 10 was later amended by Amendments 82, 86, and 91.
Amendment 71
AMENDMENT 71
Article 4 was amended by adding the following section:
Art. 4 Section 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
(2010 Ed.)
Constitution of the State of Washington
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 Section 31 was later amended by Amendments 77, 85, and 97.
Amendment 72
AMENDMENT 72
Art. 2 Section 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
(2010 Ed.)
Amendment 72
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 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
[Vol. 1—page 97]
Amendment 73
Constitution of the State of Washington
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 Section 1, see Amendment 7.
Addition of subsection (e) to Art. 2 Section 1, see Amendment 36.
Art. 2 Section 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 Section 1(a), see Amendment 30.
AMENDMENT 73
Amendment 73
The Constitution was amended by adding the following
new article and section 1 thereof:
ARTICLE XXXII
SPECIAL REVENUE FINANCING
Art. 32 Section 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.
(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
[Vol. 1—page 98]
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
AMENDMENT 74
Article 2 was amended by adding the following section:
Art. 2 Section 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
(2010 Ed.)
Constitution of the State of Washington
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
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.]
(2010 Ed.)
Amendment 77
Art. 2 Section 3 THE CENSUS. [Repealed by 1983
Substitute Senate Joint Resolution No. 103, p 2202.
Approved November 8, 1983.]
Art. 27 Section 13 REPRESENTATION IN CONGRESS. [Repealed by 1983 Substitute Senate Joint Resolution No. 103, p 2202. Approved November 8, 1983.]
Amendment 75
AMENDMENT 75
Art. 29 Section 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 Section 1, see Amendment 49.
Art. 29 Section 1 was later amended by Amendment 93.
Amendment 76
AMENDMENT 76
Article 8 was amended by adding the following section:
Art. 8 Section 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
AMENDMENT 77
Art. 4 Section 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
[Vol. 1—page 99]
Amendment 78
Constitution of the State of Washington
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 Section 31, see Amendment 71.
Art. 4 Section 31 was later amended by Amendments 85 and 97.
Amendment 78
AMENDMENT 78
Art. 28 Section 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 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[Vol. 1—page 100]
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 Section 1, see Amendment 20.
Amendment 79
AMENDMENT 79
Art. 7 Section 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
(2010 Ed.)
Constitution of the State of Washington
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.]
64.
Prior amendment of Art. 7 Section 2, see Amendments 17, 55, 59, and
Art. 7 Section 2 was later amended by Amendments 90, 95, and 101.
Amendment 80
AMENDMENT 80
Art. 4 Section 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 Section 7 was later amended by Amendment 94.
Amendment 81
AMENDMENT 81
Art. 7 Section 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
(2010 Ed.)
Amendment 83
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 Section 1, see Amendments 14 and 98.
Amendment 82
AMENDMENT 82
Art. 8 Section 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 Section 10, see Amendment 70.
Art. 8 Section 10 was later amended by Amendments 86 and 91.
Amendment 83
AMENDMENT 83
Art. 6 Section 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 Section 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. [1988 House
Joint Resolution No. 4231, p 1553. Approved November 8,
1988.]
[Vol. 1—page 101]
Amendment 84
Amendment 84
Constitution of the State of Washington
AMENDMENT 84
Art. 1 Section 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
AMENDMENT 85
Art. 4 Section 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
[Vol. 1—page 102]
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 Joint Resolution No. 8202, p 3000. Approved November 7, 1989.]
Prior amendment of Art. 4 Section 31, see Amendments 71 and 77.
Art. 4 Section 31 was later amended by Amendment 97.
(2010 Ed.)
Constitution of the State of Washington
Amendment 86
AMENDMENT 86
Art. 8 Section 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 Section 10, see Amendments 70 and 82.
Art. 8 Section 10 was later amended by Amendment 91.
Amendment 87
AMENDMENT 87
Art. 4 Section 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 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.]
(2010 Ed.)
Amendment 89
Prior amendment of Art. 4 Section 6, see Amendments 28 and 65.
Amendment 88
AMENDMENT 88
Art. 1 Section 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, p 3062. Approved November 2, 1993.]
Prior amendment of Art. 1 Section 11, see Amendments 4, 34, and 88.
Amendment 89
AMENDMENT 89
Art. 4 Section 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
[Vol. 1—page 103]
Amendment 90
Constitution of the State of Washington
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. [1995 Substitute Senate
Joint Resolution No. 8210, p 2905. Approved November 7,
1995.]
Amendment 90
AMENDMENT 90
Art. 7 Section 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 to
issue such bonds and to pay the principal and interest thereon
[Vol. 1—page 104]
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. [1997 House
Joint Resolution No. 4208, p 3063. Approved November 4,
1997.]
Prior amendment of Art. 7 Section 2, see Amendments 17, 55, 59, 64,
and 79.
Art. 7 Section 2 was later amended by Amendments 95 and 101.
Amendment 91
AMENDMENT 91
Art. 8 Section 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. [1997 House Joint Resolution No.
4209, p 3065. Approved November 4, 1997.]
Prior amendment of Art. 8 Section 10, see Amendments 70, 82, and 86.
Amendment 92
AMENDMENT 92
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
(2010 Ed.)
Constitution of the State of Washington
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 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.
(2010 Ed.)
Amendment 92
(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.
(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. [1999 Senate Joint Resolution No. 8206, p 2387.
Approved November 2, 1999.]
Prior amendment of Art. 8 Section 1, see Amendment 60.
[Vol. 1—page 105]
Amendment 93
Amendment 93
Constitution of the State of Washington
AMENDMENT 93
Art. 29 Section 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. [2000 Senate Joint Resolution
No. 8214, p 1919. Approved November 7, 2000.]
Prior amendment of Art. 29 Section 1, see Amendments 49 and 75.
Amendment 94
AMENDMENT 94
Art. 4 Section 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. [2001 Engrossed Senate Joint
Resolution No. 8208, p 2327. Approved November 6, 2001.]
Amendment 95
AMENDMENT 95
Art. 7 Section 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
[Vol. 1—page 106]
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. [2002 House
Joint Resolution No. 4220, p 2203. Approved November 5,
2002.]
Prior amendment of Art. 7 Section 2, see Amendments 17, 55, 59, 64,
79, and 90.
Amendment 96
AMENDMENT 96
Art. 2 Section 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
(2010 Ed.)
Constitution of the State of Washington
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 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. [2003 House Joint
Resolution No. 4206, p 2819. Approved November 4, 2003.]
Prior amendment of Art. 2 Section 15, see Amendments 13, 32, and 52.
Amendment 97
AMENDMENT 97
Art. 4 Section 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 limited jurisdiction 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
(2010 Ed.)
Amendment 97
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 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.
[Vol. 1—page 107]
Amendment 98
Constitution of the State of Washington
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. [2005 Senate Joint Resolution No.
8207, pp 2799, 2800. Approved November 8, 2005.]
Prior amendment of Art. 4 Section 31, see Amendments 85, 77, and 71.
Amendment 98
AMENDMENT 98
Art. 7 Section 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 fifteen thousand ($15,000.00) 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. [2006 House Joint
Resolution No. 4223, p 2117. Approved November 7, 2006.]
Prior amendment of Art. 7 Section 1, see Amendments 14 and 81.
Amendment 99
AMENDMENT 99
Article 7 was amended by adding the following section:
Art. 7 Section 12 BUDGET STABILIZATION
ACCOUNT. (Effective July 1, 2008.) (a) A budget stabilization account shall be established and maintained in the state
treasury.
(b) By June 30th of each fiscal year, an amount equal to
one percent of the general state revenues for that fiscal year
shall be transferred to the budget stabilization account. Nothing in this subsection (b) shall prevent the appropriation of
additional amounts to the budget stabilization account.
(c) Each fiscal quarter, the state economic and revenue
forecast council appointed and authorized as provided by
statute, or successor entity, shall estimate state employment
growth for the current and next two fiscal years.
(d) Moneys may be withdrawn and appropriated from
the budget stabilization account as follows:
[Vol. 1—page 108]
(i) If the governor declares a state of emergency resulting
from a catastrophic event that necessitates government action
to protect life or public safety, then for that fiscal year moneys may be withdrawn and appropriated from the budget stabilization account, via separate legislation setting forth the
nature of the emergency and containing an appropriation limited to the above-authorized purposes as contained in the declaration, by a favorable vote of a majority of the members
elected to each house of the legislature.
(ii) If the employment growth forecast for any fiscal year
is estimated to be less than one percent, then for that fiscal
year moneys may be withdrawn and appropriated from the
budget stabilization account by the favorable vote of a majority of the members elected to each house of the legislature.
(iii) Any amount may be withdrawn and appropriated
from the budget stabilization account at any time by the
favorable vote of at least three-fifths of the members of each
house of the legislature.
(e) Amounts in the budget stabilization account may be
invested as provided by law and retained in that account.
When the balance in the budget stabilization account, including investment earnings, equals more than ten percent of the
estimated general state revenues in that fiscal year, the legislature by the favorable vote of a majority of the members
elected to each house of the legislature may withdraw and
appropriate the balance to the extent that the balance exceeds
ten percent of the estimated general state revenues. Appropriations under this subsection (e) may be made solely for
deposit to the education construction fund.
(f) As used in this section, "general state revenues" has
the meaning set forth in Article VIII, section 1 of the Constitution. Forecasts and estimates shall be made by the state
economic and revenue forecast council appointed and authorized as provided by statute, or successor entity.
(g) The legislature shall enact appropriate laws to carry
out the purposes of this section.
(h) This section takes effect July 1, 2008. [2007
Engrossed Substitute Senate Joint Resolution No. 8206, pp
3146, 3147. Approved November 6, 2007.]
Amendment 100
AMENDMENT 100
Art. 2 Section 29 CONVICT LABOR. The labor of
inmates of this state shall not be let out by contract to any person, copartnership, company, or corporation, except as provided by statute, and the legislature shall by law provide for
the working of inmates for the benefit of the state, including
the working of inmates in state-run inmate labor programs.
Inmate labor programs provided by statute that are operated
and managed, in total or in part, by any profit or nonprofit
entities shall be operated so that the programs do not unfairly
compete with Washington businesses as determined by law.
[2007 Senate Joint Resolution No. 8212, p 3143. Approved
November 6, 2007.]
Amendment 101
AMENDMENT 101
Art. 7 Section 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
(2010 Ed.)
Index to State Constitution
existing or hereafter created, shall not in any year exceed one
percent of the true and fair value of such property in money.
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 initial 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. 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. Notwithstanding any other provision of this subsection, a proposition
under this subsection to levy an additional tax for a school
district shall be authorized by a majority of the voters voting
on the proposition, regardless of the number of voters voting
on the proposition;
(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. 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
(2010 Ed.)
Index
amortization thereof by annual levies in excess of the tax limitation provided for herein. 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. [2007
Engrossed House Joint Resolution No. 4204, pp 3143-3145.
Approved November 6, 2007.]
Amendment 102
AMENDMENT 102
Article 16 was amended by adding the following section:
Art. 16 Section 6 INVESTMENT OF HIGHER EDUCATION PERMANENT FUNDS. Notwithstanding the provisions of Article VIII, sections 5 and 7 and Article XII, section 9, or any other section or article of the Constitution of the
state of Washington, the moneys of the permanent funds
established for any of the institutions of higher education in
this state may be invested as authorized by law. Without limitation, this shall include the authority to invest permanent
funds held for the benefit of institutions of higher education
in stocks or bonds issued by any association, company, or
corporation if authorized by law. [2007 Substitute House
Joint Resolution No. 4215, p 3145. Approved November 6,
2007.]
(C) INDEX TO STATE CONSTITUTION
Index
Absconding debtors
Imprisonment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art.
Sec.
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
Accused
Rights in criminal prosecutions. . . . . . . . . . . . . . . .
Rights of, on removal from office by legislature . .
1
4
22
9
Actions
Against the state . . . . . . . . . . . . . . . . . . . . . . . . . . .
By and against corporations . . . . . . . . . . . . . . . . . .
Not affected by change in government . . . . . . . . . .
Transfer from territorial to state court . . . . . . . . . . .
2
12
27
27
26
5
1
5,8,10
2
2
2
2
3
3
3
31
1,41
18
37
12
12
12
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)
Adjournment of legislature
For want of quorum . . . . . . . . . . . . . . . . . . . . . . . . .
Governmental continuity during emergency periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
8
2
2
42
11
[Vol. 1—page 109]
Index
Constitution of the State of Washington
Adoption of children
By special act forbidden. . . . . . . . . . . . . . . . . . . . .
2
Au 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
Of voter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
1
No. 21 to art
No. 22 to art
No. 23 to art
No. 24 to art
No. 25 to art
No. 26 to art
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
2
4
33
6
2
33
2
2
37
20
2
2
41
38
28(16)
Age
Aliens
Corporation alien (Repealed by Amendment 42) .
Naturalization of, by superior court . . . . . . .
Ownership of lands prohibited, exceptions
(Repealed by Amendment 42) . . . . . . . . . . .
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 municipal charter
By special act forbidden. . . . . . . . . . . . . . . . . . . . .
How proposed, submitted and adopted . . . . . . . . .
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 . . . . . . . . . . . . . . . .
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
No. 6 to art
No. 7 to art
No. 8 to art
No. 9 to art
No. 10 to art
No. 11 to art
16 sec
6 sec
7 sec
1 sec
6 sec
6 sec
3 sec
2 sec
2 sec
1 sec
1 sec
1 sec
1 sec
8 sec
5
1
2
11
1
2 (deleted)
10
1
31 (deleted)
33 (added)
34 (added)
16
22
4
[Vol. 1 RCW—page 110]
2
11
28(8)
10
23
23
23
23
23
23
2
1
1
1
3
1
23
1,2
No. 12 to art
No. 13 to art
No. 14 to art
No. 15 to art
No. 16 to art
No. 17 to art
No. 18 to art
No. 19 to art
No. 20 to art
No. 29 to art
No. 30 to art
No. 31 to art
No. 32 to art
No. 33 to art
No. 34 to art
No. 35 to art
No. 36 to art
No. 37 to art
No. 38 to art
No. 39 to art
No. 40 to art
No. 41 to art
No. 42 to art
No. 43 to art
No. 44 to art
No. 45 to art
No. 46 to art
No. 47 to art
No. 48 to art
No. 49 to art
No. 50 to art
No. 51 to art
No. 52 to 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
No. 59 to art
No. 60 to art
No. 61 to art
No. 62 to art
No. 63 to art
No. 64 to art
No. 65 to art
No. 66 to art
No. 67 to art
No. 68 to art
No. 69 to art
No. 70 to art
No. 71 to art
No. 72 to art
11 sec
2 sec
7 sec
7 sec
15 sec
12 sec
7 sec
2 sec
7 sec
2 sec
3 sec
28 sec
11 sec
11 sec
11 sec
2 sec
4 sec
2 sec
sec
8 sec
4 sec
4 sec
2 sec
2 sec
3 sec
2 sec
24 sec
1 sec
2 sec
2 sec
23 sec
4 sec
2 sec
11 sec
4 sec
2 sec
9 sec
16 sec
8 sec
6 sec
7 sec
8 sec
29 sec
4 sec
8 sec
2 sec
11 sec
7 sec
2 sec
3 sec
4 sec
11 sec
28 sec
30 sec
7 sec
2 sec
11 sec
11 sec
11 sec
7 sec
8 sec
8 sec
31 sec
31 sec
3 sec
6 sec
7 sec
4 sec
4 sec
12 sec
12 sec
2 sec
2 sec
8 sec
4 sec
2 sec
5
15
1
2,3,4 (deleted)
1
11
2
40 (added)
3 (new)
23 (part repeal)
14, 16, 17, 19,20,21,22 (part repeal)
1 (added)
4
7 (repealed)
16 (added)
33
3(a) (added)
1(c) (superseded)
41 (added)
6
6
10
33
1(a) (added)
25
15
1
11
25
1(e) (added)
1
2(a) (added)
42 (added)
10
29 (added)
33 (repealed)
3
5
8 (added)
1A (added)
10 (added)
3
1 (added)
30 (added)
9 (added)
15
6
11 (added)
25 (part repeal)
25 (part repeal)
13 (part repeal)
8 (part repeal)
1 (part repeal)
1 (added)
2
24
5
8
16
2
1
3
1 (added)
2 (added)
12
1
2
6
10
18
14 (repealed)
12
13
10 (added)
31 (added)
1
(2010 Ed.)
Index to State Constitution
2 sec
32 sec
2 sec
2 sec
27 sec
No. 75 to art 29 sec
No. 76 to art
8 sec
No. 77 to art
4 sec
No. 78 to art 28 sec
No. 79 to art
7 sec
No. 80 to art
4 sec
No. 81 to art
7 sec
No. 82 to art
8 sec
No. 83 to art
6 sec
13 sec
No. 84 to art
1 sec
No. 85 to art
4 sec
No. 86 to art
8 sec
No. 87 to art
4 sec
No. 88 to art
1 sec
No. 89 to art
4 sec
No. 90 to art
7 sec
No. 91 to art
8 sec
No. 92 to art
8 sec
No. 93 to art 29 sec
No. 94 to art
4 sec
No. 95 to art
7 sec
No. 96 to art
2 sec
No. 97 to art
4 sec
No. 98 to art
7 sec
No. 99 to art
7 sec
No. 100 to art 2 sec
No. 101 to art 7 sec
No. 102 to art 16 sec
No. 73 to art
No. 74 to art
1(a) (stricken)
1 (added)
3 (repealed)
43 (added)
13 (repealed)
1
11 (added)
31
1
2
7
1
10
3
1
35 (added)
31
10
6
11
3
2
10
1
1
7
2
15
31
1
12
29
2
6
Art 4
Art 6
Art 7
(2) In order of articles and sections affected:
Art 1
Art 2
Art 3
sec 11—Amendment
sec 11—Amendment
sec 11—Amendment
sec 16—Amendment
sec 22—Amendment
sec 33—(added)
sec 34—(added)
sec 35—(added)
sec 1—Amendment
sec 1(e)—(added)
sec 1—Amendment
sec 1(a)—(added)
sec 1(a)—(stricken)
sec 3—(repealed)
sec 11(c)—(supersed.)
sec 12—Amendment
sec 13—Amendment
sec 15—Amendment
sec 15—Amendment
sec 15—Amendment
sec 15—Amendment
sec 23—(part rep.)
sec 24—Amendment
sec 25—Amendment
sec 25—(part rep.)
sec 29—Amendment
sec 31—(deleted)
sec 33—Amendment
sec 33—Amendment
sec 33—(repealed)
sec 40—(added)
sec 41—(added)
sec 42—(added)
sec 43—(added)
sec 10—Amendment
sec 12—Amendment
sec 14
sec 16
(2010 Ed.)
No. 4
No. 34
No. 88
No. 9
No. 10
No. 8
No. 8
No. 84
No. 7
No. 36
No. 72
No. 30
No. 72
No. 74
No. 26
No. 68
No. 69
No. 13
No. 32
No. 52
No. 96
No. 20
No. 56
No. 35
No. 54
No. 100
No. 7
No. 24
No. 29
No. 42
No. 18
No. 26
No. 39
No. 74
No. 6
No. 62
Art 8
Art 9
Art 11
Art 12
Art 13
sec 17
sec 19—Amendment
sec 20 (part rep.)
sec 21
sec 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 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 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 2—Amendment
sec 3—(new)
sec 10—(added)
sec 11—(added)
sec 12—(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
sec 1—Amendment
Index
No. 20
No. 31
No. 54
No. 38
No. 89
No. 25
No. 28
No. 65
No. 87
No. 80
No. 94
No. 28
No. 65
No. 54
No. 41
No. 50
No. 71
No. 77
No. 85
No. 97
No. 2
No. 5
No. 63
No. 46
No. 5
No. 83
No. 14
No. 81
No. 98
No. 3
No. 17
No. 55
No. 59
No. 64
No. 79
No. 90
No. 95
No. 101
No. 19
No. 47
No. 53
No. 99
No. 60
No. 92
No. 48
No. 60
No. 11
No. 27
No. 45
No. 51
No. 70
No. 82
No. 86
No. 91
No. 76
No. 43
No. 21
No. 12
No. 57
No. 52
No. 22
No. 54
No. 57
No. 40
No. 91
No. 23
No. 58
No. 16
No. 67
No. 66
No. 83
[Vol. 1 RCW—page 111]
Index
Art 15
Art 16
Art 23
Art 24
Art 27
Art 28
Art 29
Art 30
Art 31
Art 32
Constitution of the State of Washington
sec 1—Amendment
sec 5—Amendment
sec 5—Amendment
sec 6—(added)
sec 1—Amendment
sec 1—Amendment
sec 13—(repealed)
sec 1—(added)
sec 1—(part rep.)
sec 1—Amendment
sec 1—(added)
sec 1—Amendment
sec 1—Amendment
sec 1—(added)
sec 1—(added)
sec 2—(added)
sec 1—(added)
No. 15
No. 1
No. 44
No. 102
No. 37
No. 33
No. 74
No. 20
No. 54
No. 78
No. 49
No. 75
No. 93
No. 54
No. 61
No. 61
No. 73
Appearance
Appearance of accused in criminal cases . . . . . . . .
22
Appellate jurisdiction
Of court of appeals . . . . . . . . . . . . . . . . . . . . . . . . .
Of superior court . . . . . . . . . . . . . . . . . . . . . . . . . . .
From territorial probate courts . . . . . . . . . . . .
Of supreme court . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
4
27
4
30
6
10
4
4
13
4
11
3
22
1
18
6
13
2
42
2
14
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 1 amended by Amendment 44
Amendment 2 amended by Amendment 5
Amendment 4 amended by Amendments 34 and 88
Amendment 5 amended by Amendment 63
Amendment 7 amended by Amendments 26, 30, 36, and 72
Amendment 12 amended by Amendment 57
Amendment 13 amended by Amendments 32, 52, and 96
Amendment 14 amended by Amendments 81 and 98
Amendment 17 amended by Amendments 55, 59, 64, 79, 90, 95, and 101
Amendment 20 part rep. by Amendment 54
amended by Amendment 78
Amendment 23 amended by Amendment 58
Amendment 24 repealed by Amendment 42
Amendment 28 amended by Amendments 65 and 87
Amendment 29 repealed by Amendment 42
Amendment 30 stricken by Amendment 72
Amendment 31 part rep. by Amendment 54
Amendment 32 amended by Amendments 52 and 96
Amendment 34 amended by Amendment 88
Amendment 35 part rep. by Amendment 54
Amendment 48 amended by Amendment 60
Amendment 49 amended by Amendments 75 and 93
Amendment 52 amended by Amendment 96
Amendment 55 amended by Amendments 59, 64, 79, 90, 95, and 101
Amendment 59 amended by Amendments 64, 79, 90, 95, and 101
Amendment 60 amended by Amendment 92
Amendment 64 amended by Amendments 79, 90, 95, and 101
Amendment 70 amended by Amendments 82, 86, and 91
Amendment 71 amended by Amendments 77 and 85
Amendment 75 amended by Amendment 93
Amendment 77 amended by Amendment 85
Amendment 79 amended by Amendments 90, 95, and 101
Amendment 80 amended by Amendment 94
Amendment 81 amended by Amendment 98
Amendment 82 amended by Amendment 86
Amendment 86 amended by Amendment 91
Amendment 90 amended by Amendments 95 and 101
Amount in controversy
Appellate jurisdiction of supreme court. . . . . . . . . .
Original jurisdiction of superior court . . . . . . . . . . .
4
4
4
6
Annual sessions of legislature
2
12
Annulment of marriage
Appellate jurisdiction of supreme court. . . . . . . . . .
Original jurisdiction of superior court . . . . . . . . . . .
(See Divorce)
4
4
4
6
Appeal
Right of accused in criminal cases. . . . . . . . . . . . . .
(See Appellate jurisdiction)
1
22
[Vol. 1 RCW—page 112]
1
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 . . . . . . . . . . . .
Appropriation of private property
For public or private use . . . . . . . . . . . . . . . . . . . . .
For right-of-way of corporations . . . . . . . . . . . . . . .
(See Eminent domain)
2
22
9
2
22
43
2
3
28(7)
1
1
1
16
16
14
9
27
3
8
3
3
19
12
4
1
8
8
8
11
4
4
4
2
31
15
15
15
15
1
2
1
3
1
1
10
24
24
4
10
6
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. . . .
8
6
Assemblages of people
Right of peaceable assembly not to be abridged . . .
1
4
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) . . . . . . . . . . . . . . . . . . . . . . . .
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 . . . . . . . . . . . . . . . . . . .
Army
Standing, not to be kept in time of peace . . . . . . . .
(See Militia)
(2010 Ed.)
Index to State Constitution
Assessment
Imposition by special act prohibited . . . . . . . . . . . .
Jurisdiction of superior court, original. . . . . . . . . . .
Jurisdiction of supreme court, appellate . . . . . . . . .
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)
Assignment
Of superior judges and judicial business by supreme
court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of superior judges by governor . . . . . . . . . . . . . . . .
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 . . . . . . . . . . . . . . . .
Assumption
Of territorial debts by state . . . . . . . . . . . . . . . . . . .
2
4
4
3
10
9
11
7
2
4
4
2(a)
5
On suspension of the prohibition against introduction of bills. . . . . . . . . . . . . . . . . . . .
(See Yeas and nays)
2
36
Allowable on sufficient sureties, exceptions . . . . . .
Excessive, not to be required. . . . . . . . . . . . . . . . . .
1
1
20
14
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 . . . . . . . . . . . . . .
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
2
2
2
2
2
2
37
20
38
31
l,41
20
18
22
2
2
2
36
18
22
2
3
2
3
3
2
20
12
1
12
12
38
2
2
2
2
3
2
3
3
2
2
32
19
19
19
12
1
12
12
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
28(5)
6
4
7
7
7
7
Index
Bail
12
12
12
22
5
11
12
19
26
3
Attack (See Invasion and attack)
Bill
Attainder
Bills of, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . .
1
23
Attestation
Of commissions, by secretary of state . . . . . . . . . . .
3
15
3
3
5
3
4
4
21
1
2
24
9
9
3
3
10
3
1
22
11
5
3
3
5
3
3
3
20
1
2
25
24
24
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 . . . . . . . . . . . . . . . . .
(2010 Ed.)
23
1
2
21
2
2
4
31
22
9
13
1
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)
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 . . . . . . .
[Vol. 1 RCW—page 113]
Index
Constitution of the State of Washington
Investment of school funds in . . . . . . . . . . . . . . . . .
Nonrecourse revenue bonds by governmental entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
State building authority, by . . . . . . . . . . . . . . . . . . .
Limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
16
3
5
32
8
8
1
9
1(g)
11
3
Boundaries
Of county, change by division or enlargement . . . .
Of county, change by special legislation prohibited,
exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of existing counties recognized. . . . . . . . . . . . . . . .
Of state, defined . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
11
24
Bribery
Criminating evidence compulsory . . . . . . . . . . . . . .
Disqualifies for holding office . . . . . . . . . . . . . . . . .
Legislature to define and provide punishment for . .
2
2
2
30
30
30
Buildings, public
State building authority . . . . . . . . . . . . . . . . . . . . . .
8
9
28(18)
1
1
Bureau of statistics, agriculture and immigration
Legislature to provide for. . . . . . . . . . . . . . . . . . . . .
2
34
Bureau of vital statistics
Legislature to establish . . . . . . . . . . . . . . . . . . . . . .
20
1
Canal companies
Common carriers, subject to legislative control . . .
Discrimination in charges prohibited . . . . . . . . . . . .
12
12
13
15
1
20
Capital offenses
Bailable, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(See Crime)
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
4
4
6
4
25
1
25
1
Cession of jurisdiction
Exclusive legislation over certain lands given to
United States . . . . . . . . . . . . . . . . . . . . . . . . . .
Retention by state of jurisdiction for service of process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5,8,10
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)
Chaplain
[Vol. 1 RCW—page 114]
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 . . . . . . .
Chief justice of supreme court
Method of determining . . . . . . . . . . . . . . . . . . . . . .
Presides on trial of impeachments, when . . . . . . . .
Children
Adoption of, by special act, forbidden . . . . . . . . . .
Duty of state to educate all . . . . . . . . . . . . . . . . . . .
(See Minors)
Citizens
All entitled to equal privileges and immunities. . . .
Citizenship qualification for voters . . . . . . . . . . . . .
Voter qualifications, presidential elections . . . . . . .
1
11
12
12
12
12
1
3
3
2
2
11
11
11
11
11
11
11
28(8)
10
10
10
10
10
10
10
4
5
3
1
2
9
28(16)
1
1
6
6
12
1
1A
32
1
11
2
11
11
11
10
28(8)
10
10
10
11
11
11
11
8
2
8
11
8
10
10
10
16
7
28(8)
7
10
6
City
Capital of state (See Seat of government)
Certiorari
Jurisdiction of superior court . . . . . . . . . . . . . . . . . .
Jurisdiction of supreme court. . . . . . . . . . . . . . . . . .
For state correctional, mental institutions, county or
public health district health care. . . . . . . . . . .
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 . . . .
Local improvements . . . . . . . . . . . . . . . . . . . .
Local taxes not to be imposed by legislature .
4
4
4
10
10
10
7
9
30
11
1
15
11
30
11
11
11
4
8
1
8
14
11
10
11
10
7
7
11
9
9
12
(2010 Ed.)
Index to State Constitution
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)
11
12
7
9
2
1
1
1
28(17)
21
21
21
1
2
1
19
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
Color
Discrimination in education on account of, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Combinations
To affect prices, production, or transportation of
commodities, prohibited . . . . . . . . . . . . . . . . .
(See Monopolies)
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)
Common schools
General and uniform system to be established . . . .
Management by special legislation prohibited . . . .
Superintendent of public instruction to supervise . .
(See Education; Public schools)
12
12
12
12
12
12
12
12
13
15
18
13
18
13
19
13
9
Common school construction fund established
Civil power
Elections to be free from interference by. . . . . . . . .
Governmental continuity during emergency periods
Military subordinate to. . . . . . . . . . . . . . . . . . . . . . .
Collection of taxes
Time not to be extended by special laws . . . . . . . . .
(See Taxation)
Index
3
9
9
9
16
3
2
3
5
9
9
9
5
3
3
9
28(5)
1
2
28(15)
22
Commutation of sentence
Report by governor to legislature . . . . . . . . . . . . . .
2
9
2
3
3
11
Commutation of taxes
Prohibition against state granting . . . . . . . . . . . . . .
11
9
15
12
22
Commutation tickets
Carrier may grant, at special rates . . . . . . . . . . . . . .
12
11
16
Compact with United States
Irrevocable without mutual consent
26
3
8
Comment on facts
Judge not to make, in charging jury. . . . . . . . . . . . .
4
16
Commission
To establish harbor lines . . . . . . . . . . . . . . . . . . . . .
To regulate railroad and transportation lines . . . . . .
To set salaries, authorized . . . . . . . . . . . . . . . . . . . .
15
12
28
1
18
1
4
31
Combined city-county
Commander-in-chief
Governor to be, when militia in state service . . . . .
(See Militia)
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
3
3
3
23
1
25
24
3
3
10
3
Commissioners
Appointment of for state institutions . . . . . . . . . . . .
13
1
Commissions
Issuance of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
15
Committees of legislature
2
12
Commodities
Agricultural commodity commission assessments .
8
11
(2010 Ed.)
Compensation
Appropriation of private property . . . . . . . . . . . . . .
Attorney general . . . . . . . . . . . . . . . . . . . . . . . . . . .
Change of, during term of public officer. . . . . . . . .
(Partially repealed by Amendment 54) . . . . .
(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 . . . . . . . . . .
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
1
3
16
21
2
3
4
11
28
30
25
25
13
8
1
1
11
5
11
5,8
1
2
1
1
4
4
1
4
16
25
16
16
30
13,14
16
10
2
23
28
30
1
1
1
16
Conditions
[Vol. 1 RCW—page 115]
Index
Constitution of the State of Washington
On foreign corporations doing business . . . . . . . . .
Confession in open court
Effect in treason . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
1
7
27
Confronting witnesses
Right of accused. . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
22
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 . . . . . . . . . . . . . . . . .
25
25
26
2
2
2
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
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)
23
27
27
1
15
18
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
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
(Repealed by Amendment 67) . . . . . . . . . . . .
Impairment of obligation prohibited . . . . . . . . . . . .
State building authority, by . . . . . . . . . . . . . . . . . . .
2
42
12
22
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 . . . .
1
15
[Vol. 1 RCW—page 116]
On impeachment, two-thirds of senators must concur . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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) . . . . . . . . . . . . . . . . . . . . .
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 . . . . . . . . .
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) . . . . . . . . . . . . . . . . . . . . . . .
12
10
7
4
2
1
33
16
8
12
12
7
6
1
12
12
2
3
12
2
2
12
12
1
12
22
28(6)
28(10)
5
10
12
7
12
12
12
22
3
1
12
12
12
12
8
22
1
1
12
12
12
8
16
12
12
8
5
11
22
9
12
9
7
8
4
5
12
4
12
12
11
4
12
8
12
12
6
7
6
5
7
3
(2010 Ed.)
Index to State Constitution
Telephone and telegraph lines, organization to construct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(See Franchise)
Corrupt solicitation
Compulsory testimony in cases of . . . . . . . . . . . . . .
Disqualification for holding office. . . . . . . . . . . . . .
Punishment to be provided by legislature . . . . . . . .
First under Constitution, time of . . . . . . . . . .
12
7
11
5
30
30
30
9
Corruption of blood
Conviction not to work . . . . . . . . . . . . . . . . . . . . . .
1
15
22
22
4
4
2
1
2(a)
5
32
11
11
8
11
2
8
1
5
16
7
2
28(18)
7
11
8
3
6
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
11
30
5
1
11
5
9
7
5
12
1
9
12
2
4
2
15
11
6
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. .
11
11
8
8
11
3
3
6
6
13
2
28(18)
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. . . .
2
11
11
27
11
2
42
8
5
14
6
15
County seat
Change or location by special act prohibited
Continuity of government, enemy attack
Removal, proceedings for
2
2
11
28(18)
42
2
County treasurer
Election, compensation, duties and accountability,
legislature to provide . . . . . . . . . . . . . . . . . . .
11
5
4
23
4
13
4
4
4
4
4
4
30
30
30
30
30
30
4
4
4
4
1
12
1
13
11
27
11
5
14
5
11
30
11
5
1
5
6
11
6
8
5
8
11
7
11
11
2
11
5
14
15
14
11
5,8
11
16
27
8
4
11
7
11
11
7
11
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. . . . . . . . . . . . . . . . . . . . . . . .
County lines
Change by special act prohibited. . . . . . . . . . . . . . .
2
2
2
4
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 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. . . . . . . . . . . . . . . . . . . . .
27
19
Corruption in office
Judges, attorney general and prosecuting attorneys
removable by legislature . . . . . . . . . . . . . . . . .
County
Apportionment
Of representatives among . . . . . . . . . . . . . . . .
Of senators . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assignment of superior court judges . . . . . . . . . . . .
Index
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. . . . . . . . . . . . . . .
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 . . . . . . . .
(2010 Ed.)
11
4
11
11
5
26
5
5
Courts
Inferior, legislature to provide . . . . . . . . . . . . . . . . .
Jurisdiction and powers to be prescribed . . . .
Judicial power vested in specified courts . . . . . . . .
Officers to be salaried, exceptions . . . . . . . . .
Of record
[Vol. 1 RCW—page 117]
Index
Constitution of the State of Washington
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)
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 . . . . . . . . . . . . . .
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)
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)
Cruel punishment
Not to be inflicted . . . . . . . . . . . . . . . . . . . . . . . . . .
Damage
To private property for public or private use to be
compensated . . . . . . . . . . . . . . . . . . . . . . . . . .
4
4
4
11
19
2(a)
8
10
8
8
12
8
8
7
5
9
8
9
1
9
2
1
1
1
6
1
1
4
30
15
14
23
3
20
25
27
4
4
4
4
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
20
2
21
18
22
22
22
9
9
Delinquency in office (See Corruption in office)
Deposits
Bank officers liable for, when . . . . . . . . . . . . . . . . . .
Public moneys with treasurer required . . . . . . . . . . .
12
11
12
15
4
1
4
2
4
1
4
4
22
6
28(17)
27
25
27
Depot
Jurisdiction of public offense committed at . . . . . . .
1
22
Developmentally Disabled
Trust funds, investments . . . . . . . . . . . . . . . . . . . . . .
29
1
2
28(4)
Disapproval of bills
By governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Initiative measure . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
2
12
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
12
12
15,18
19
9
12
1
7
12
12
21
19
2
9
27
1
1
5
22
14
2
35
3
10
Debate
Members of legislature not liable for words spoken
2
17
Debts
Corporate, fictitious increase void . . . . . . . . . . . . . .
Liability of stockholders . . . . . . . . . . . . . . . . . . . . .
Due territory to inure to state . . . . . . . . . . . . . . . . . .
Imprisonment for, prohibited, exception . . . . . . . . .
Municipal corporations, limitation on . . . . . . . . . . .
12
12
27
1
8
[Vol. 1 RCW—page 118]
Decisions
Superior court judge, within what time . . . . . . . . . . .
Supreme court, in writing and grounds stated . . . . . .
Publication, free to anyone . . . . . . . . . . . . . . . . . . . .
Reporter for, appointment . . . . . . . . . . . . . . . . . . . . .
1
1
1
1
1
16
Death
Succession to office upon death or disability of governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28(10)
9
1(g)
1-3
2
1,3
3
Deficits in revenue
State may contract debts to meet . . . . . . . . . . . . . . . .
Tax may be levied to pay. . . . . . . . . . . . . . . . . . . . . .
1
Dangerous employments
Protection to persons engaged in . . . . . . . . . . . . . . . . . . .
2
8
8
8
8
8
26
11
8
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)
6
4,11
3
17
6
Disability
Property of person under, cannot be affected by special laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disorderly behavior
Each house may punish for . . . . . . . . . . . . . . . . . . . .
(2010 Ed.)
Index to State Constitution
Disqualification
On conviction for bribery or corrupt solicitation . . .
On impeachment . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
5
30
2
District courts
Equity jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfer of causes from territorial to superior court
4
27
6
8
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
11
5
6
11
6
1
11
27
27
8
5
8
33,34
6
14
14
Ditches
Taking of private property for . . . . . . . . . . . . . . . . .
1
Divorce
Jurisdiction of superior court . . . . . . . . . . . . . . . . . .
Legislature not to grant . . . . . . . . . . . . . . . . . . . . . .
(See Annulment of marriage)
Docks
Legislature may authorize lease of harbor areas, limitations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(See Area reserved; Harbors)
16
4
2
6
24
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
14
Education
Higher education permanent funds . . . . . . . . . . . . .
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)
16
9
9
9
Effective date
Of bills, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of Constitution. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 . . . . . . . .
(2010 Ed.)
6
1
1
3
2
27
41
16
6
1
6
19
23
23
23
27
27
11
11
6
1
2
3
15
12
4
2
3
3
27
1
15
Index
Of representative to congress (Repealed by
Amendment 74). . . . . . . . . . . . . . . . . . . .
Free, equal and undisturbed. . . . . . . . . . . . . . . . . . . .
Freeholders to frame city charter. . . . . . . . . . . . . . . .
Incompetent persons, disqualification . . . . . . . . . . . .
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mentally incompetent persons. . . . . . . . . . . . . . . . . .
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)
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)
Emergency clause
Act non-referrable . . . . . . . . . . . . . . . . . . . . . . . . . . .
27
13
1
11
6
8
19
10
3
6
4
4
4
2
30
5,29
3
27
2
2
2
6
1
8
4,5
6
3
19
27
11
27
6
6
7
1A
5
6
6
7
2
14
6
1
6
3
3
3
3
3
4
4
6
3
6
4
4
4
4
4
3
5,29
8
10
1
6
2
6
3
6
1A
6
6
5
5
6
6
4
6
4
4
17
15
2
2
3
13
7
25
2
1(b)
Emergency, national
(See Invasion and attack)
[Vol. 1 RCW—page 119]
Index
Constitution of the State of Washington
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
1
1
12
1
16
16
16
19
16
Emoluments, privileges and powers
Hereditary, prohibited . . . . . . . . . . . . . . . . . . . . . . .
1
28
Employments dangerous to life
Legislature to protect persons in . . . . . . . . . . . . . . .
2
35
Enacting clause
Of statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Initiated acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
2
18
1(d)
Enemy attack, emergency due to
(See Invasion and attack)
Energy, water, or stormwater or sewer services conservation
Loaning of credit for structures or equipment . . . . .
8 10
Enumeration of rights
Not to deny others reserved . . . . . . . . . . . . . . . . . . .
1
30
Equal rights
Not to be denied because of sex. . . . . . . . . . . . . . . .
31
1,2
Equal suffrage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
1
Equity
Appellate jurisdiction of supreme court. . . . . . . . . .
Original jurisdiction of superior court . . . . . . . . . . .
4
4
4
6
27
12
1
9
2
1
30
27
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)
Excessive bail and fines
Not to be imposed . . . . . . . . . . . . . . . . . . . . . . . . . .
1
14
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
2
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 . . . . . . . . . . . . . . . . . . . . . . . . .
19
10
7
26
26
7
1
6
1
2
2
10
Existing rights
Change in government not to affect . . . . . . . . . . . . .
27
1
Expenses
Constitutional convention to be provided for . . . . . .
State may contract debts to meet . . . . . . . . . . . . . . . .
27
8
19
1
Ex post facto law
Passage prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
23
Express companies
Railroads to grant equal terms to all . . . . . . . . . . . . .
12
21
2
2
9
9
Extension of time for collection of taxes
Special legislation prohibited . . . . . . . . . . . . . . . . . .
2
28(5)
Extinguishment of debts
Special legislation prohibited . . . . . . . . . . . . . . . . . .
2
28(10)
Extra compensation
Prohibited to public officers, etc. . . . . . . . . . . . . . . .
2
25
Extra session
Legislature, when to be convened . . . . . . . . . . . . . . .
3
7
Factories
Employees to be protected . . . . . . . . . . . . . . . . . . . .
2
35
Farms
Taxation based on actual use . . . . . . . . . . . . . . . . . . .
7
11
Federal officers
Not eligible to legislature . . . . . . . . . . . . . . . . . . . . .
2
14
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. . . . . . . . .
11
1
2
4
4
5
22
40
13
10
Felony
Original jurisdiction of superior court. . . . . . . . . . . .
Use of public money by officer . . . . . . . . . . . . . . . . .
4
11
6
14
Ferries
Authorization by special legislation forbidden . . . . .
2
28(3)
Fictitious issue
Of stock or indebtedness void . . . . . . . . . . . . . . . . . .
16
10
16
16
16
3
Expulsion of members
Powers of each house . . . . . . . . . . . . . . . . . . . . . . . .
Restrictions on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
12
1
1
1
Supreme, vested in governor . . . . . . . . . . . . . . . . . . .
(See Governor)
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 . . . . . . . . . . . . .
27
1
3
3
2
Fares and freights (See Railroad companies)
15
Execution
Private property not to be taken for public debt . . .
Rolling stock of railroad liable to . . . . . . . . . . . . . .
Executive department
Consists of certain officers. . . . . . . . . . . . . . . . . . . .
Election of officers of . . . . . . . . . . . . . . . . . . . . . . .
Records of to be kept by secretary of state . . . . . . .
Fees
11
12
3
3
3
13
17
1
1
17
3
14
11
11
28(14)
Executive power
[Vol. 1 RCW—page 120]
(2010 Ed.)
Index to State Constitution
Fiscal statement
Annual publication required . . . . . . . . . . . . . . . . . .
7
7
Flumes
Taking of private property for . . . . . . . . . . . . . . . . .
1
16
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
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 . . . . . . . . . . . .
27
12
1
12
3
3
4
2
Forts, dockyards, etc.
Congress to have exclusive control . . . . . . . . . . . . .
25
1
Forty mill limitation
(Stricken by Amendment 14). . . . . . . . . . . . . . . . . .
7
2
12
12
12
12
12
12
1
12
12
7
8
1
3
22
3
2
8
8
10
4
Franchise
Alienation or lease not to relieve liability . . . . . . . .
Corporate, creation by special act forbidden . . . . . .
Extension by legislature prohibited . . . . . . . . . . . . .
Forfeiture for unlawful combinations . . . . . . . . . . .
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)
Freedom of conscience
Guaranteed in matters of religious belief. . . . . . . . .
(See Religion)
3
3
15
22
11
11
8
28(14)
1
11
Freedom of speech and press
Guaranteed to every person . . . . . . . . . . . . . . . . . . .
Legislators not liable for words in debate . . . . . . . .
1
2
5
17
Free passes
Grant of, to state officers prohibited . . . . . . . . . . . .
Public officers forbidden to accept . . . . . . . . . . . . .
12
2
20
39
Freight rates
Regulation by legislature authorized . . . . . . . . . . . .
12
18
Fundamental principles
Frequent recurrence to, essential . . . . . . . . . . . . . . .
1
32
Funds (See Appropriations; Common school construction
fund; Common school fund; Higher education permanent funds; 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 . . . . . . . . . . . . . . . . . .
(2010 Ed.)
27
27
2
5,8
1,2
42
1
32
Index
Purposes of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Source of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 . . . . . . . . . . . . . . . .
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 . . . . .
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 . . . . . . . . . . . . . . . . .
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)
1
1
1
1
13
3
4
3
3
3
3
1
12
5,7
10
10
8
10
3
3
3
3
4
3
3
15
1
10
5
8
7
10
5
3
1,2
5
10
3
3
10
3
3
3
3
3
3
3
3
2
10
6
2
9
11
9
24
11
11
10
24
3
2
3
3
10
12
10
10
3
3
3
2
2
10
3
2
4
4
3
2
3
2
13
15
5
3
10
42
12
1(d)
1
26
16
1-4
4
4
1
4
6
13
4
4
4
6
4
4
15
15
15
1
1
1
[Vol. 1 RCW—page 121]
Index
Constitution of the State of Washington
Head of family
Power of legislature to exempt property of from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
Health
(See Public health)
Heir at law
Not to be determined by special law . . . . . . . . . . . .
2
28(1)
High crimes or misdemeanors
Impeachment of public officers for . . . . . . . . . . . . .
5
2
High schools
Included in public school system . . . . . . . . . . . . . . .
9
5
2
5
5
5
5
2
2
1
1
Imposts
Appellate jurisdiction of supreme court . . . . . . . . . .
Original jurisdiction of superior court. . . . . . . . . . . .
4
4
4
6
Imprisonment for debt
Prohibited, except in case of absconding debtors . . .
1
17
Incompetency in office
Officers removable by legislature for, conditions . . .
7
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)
4
9
12
12
12
6
4
11
12
2
8
28(10)
2
Higher education permanent funds
Investment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
6
Highway fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
40
2
28(2)
Highways
Opening or altering by special legislation prohibited,
exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(See Streets and roads)
Holiday
(See Legal holiday)
1
1
7
31
Home-rule charter
Counties authorized to frame . . . . . . . . . . . . . . . . . .
For combined city-county . . . . . . . . . . . . . . . . . . . .
11
11
4
16
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)
Immigration
Bureau of, established . . . . . . . . . . . . . . . . . . . . . . .
Indian lands
Disclaimed by state of title . . . . . . . . . . . . . . . . . . . .
Subject to jurisdiction of United States . . . . . . . . . . .
Taxation of, when state may impose . . . . . . . . . . . . .
Exemption from. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19
2
2
2
2
5
2
2
2
2
1
5
1
4,5
2
1
1
8
43
15
2
34
6
1
1
1
5
12
17
8
1
16
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 . . . . . . . . .
2
2
16
16
28
10
1
1
1
1
5
31
12
9
Impeachment
House of representatives has sole power . . . . . . . . .
5
26
26
26
26
2
2
2
2
26
2
2
3
Indictment
Prosecutions of offenses by . . . . . . . . . . . . . . . . . . . .
Right of accused to copy of . . . . . . . . . . . . . . . . . . . .
1
1
25
22
Individual rights
Government to protect and maintain . . . . . . . . . . . . .
Secured by recurrence to fundamental principles . . .
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Home
Privacy of, guaranteed . . . . . . . . . . . . . . . . . . . . . . .
Soldiers not to be quartered in, except. . . . . . . . . . .
Homestead
Exemption from forced sale. . . . . . . . . . . . . . . . . . .
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)
29
1
Infamous crimes
Persons convicted of, excluded from elective franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
3
Inferior courts
Appeal lies to superior court . . . . . . . . . . . . . . . . . . .
Jurisdiction and powers, legislature to prescribe. . . .
Legislature to provide . . . . . . . . . . . . . . . . . . . . . . . .
4
4
4
6
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 . . .
2
2
2
1(c)
41
1(a)
Indians
Exempt from property taxation, when. . . . . . . . . . . .
Excluded from enumeration of inhabitants (Repealed
by Amendment 74) . . . . . . . . . . . . . . . . . . . . . .
1
[Vol. 1 RCW—page 122]
Infants (See Children; Minors)
(2010 Ed.)
Index to State Constitution
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 . . . .
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 . . . . . . . . . . . . . . . . . . . . . .
Petition to propose measures . . . . . . . . . . . . . . . . . .
Precedence of initiative measures over other bills. .
Proposal of different measure by legislature . . . . . .
Publication of measures referred to the people . . . .
Regular election, reference of measures at . . . . . . .
Rejection of initiative measure by legislature . . . . .
Repeal of bill approved (Superseded by Amendment
26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Amendment 26) . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reservation by the people of the power of initiative
Reservation of power in the people . . . . . . . . . . . . .
Reservation of power of referendum . . . . . . . . . . . .
Salaries for legislators, elected state officials, and
judges, referendum petition . . . . . . . . . . . . . .
Secretary of state, certification of results of initiative
to legislature . . . . . . . . . . . . . . . . . . . . . . . . . .
Secretary of state, filing referendum petition with .
Secretary of state, initiative petition filed with . . . .
Self-executing, amendment as . . . . . . . . . . . . . . . . .
Signatures required . . . . . . . . . . . . . . . . . . . . . . . . .
Special election, reference of measures to people at
Special indebtedness, how authorized . . . . . . . . . . .
Style of bill proposed by initiative petition . . . . . . .
Time for filing referendum petition against measure
passed by legislature . . . . . . . . . . . . . . . . . . . .
Veto power of governor not extended to initiatives or
referendums. . . . . . . . . . . . . . . . . . . . . . . . . . .
2
2
1(a)
1(a)
2
2
2
1(c)
41
1(a)
2
2
1(c)
41
2
1(d)
2
1(c)
41
1(b)
1(b)
1(a)
1(b)
24
2
1(d)
2
2
1(d)
1(d)
2
2
1(d)
1(b)
2
2
2
2
2
2
2
2
2
2
1(a)
1(b)
1(d)
1(a)
1(d)
1(a)
1(a)
1(e)
1(d)
1(a)
2
2
2
2
2
1(c)
41
1(a)
1
1(b)
28
1
2
2
2
2
2
2
8
2
1(a)
1(d)
1(a)
1(d)
1(a)
1(d)
3
1(d)
2
1(d)
2
1(d)
Injunction
Issuance and service on nonjudicial days . . . . . . . .
Equity jurisdiction of superior and district court . . .
Original jurisdiction of superior court . . . . . . . . . . .
4
4
4
6
6
6
Insane person
Excluded from elective franchise. . . . . . . . . . . . . . .
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
(2010 Ed.)
Instruments
Validation by special act prohibited . . . . . . . . . . . . .
2
Insurance companies
Liability of stockholders . . . . . . . . . . . . . . . . . . . . . .
12
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 . . . . . . . . . . . .
9
8
2
2
3
1
30
28(13)
Invalid instruments
Validation by special act prohibited . . . . . . . . . . . . .
2
28(9)
Invasion and attack
Government continuity, legislative authority . . . . . .
State may contract debts above limit to repel . . . . . .
Suspension of habeas corpus allowed . . . . . . . . . . . .
2
8
1
42
2
13
16
29
29
9
16
6
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
13
2
36
1
22
2
23
2
31
1
11
2
4
27
9
1(a)
2
2
2
2
2
2
2
Index
28(9)
11
Intoxicating liquors (See Prohibition)
Investment
Higher education permanent funds . . . . . . . . . . . . . .
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 . . . . . . . . .
Judge pro tempore
In superior court, provision for . . . . . . . . . . . . . . . . .
Temporary judicial duties in supreme court . . . . . . .
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 . . . . . . . . . . . . . . . . . . . . .
4
4
2(a),7
2(a)
4
8
4
8
4 16
4 16
4 19
4 31
4
9
4
3(a)
4 31
30
1
4 14
[Vol. 1 RCW—page 123]
Index
Constitution of the State of Washington
(See Judges of court of appeals; Judges pro tempore;
Judges of superior court; Judges of supreme
court)
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 . . . . . . . . . . . . . . . . . . . . . . . . . .
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)
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 . . . . . . . . . . . . . . . . . . . . .
4
30
4 23
4 20
4 17
4
5
4
5
4
5,29
27 12
4 15
4 16
4 16
4 28
4
2(a)
4 19
4
2(a),7
1 33,34
4 31
4 25
4
3(a)
4 24
4
30
13
1
4
4
4
4
4
7
2(a)
5
2(a)
6
4
4
4
4
4
4
4
4
1
4
4
4
4
3
22
17
3
15
4
28
19
33,34
31
18
25
3(a)
30
4
4
4
4
1
13
2(a)
3
3
27
5
4
2
4
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
Judicial decisions
Of Supreme court
[Vol. 1 RCW—page 124]
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 . . . . . . . . . . . . . .
Judicial officers
Absence forfeits office, when . . . . . . . . . . . . . . . . . .
Compensation by fees prohibited, except . . . . . . . . .
Impeachment, liable to, exceptions . . . . . . . . . . . . . .
Oath of office prescribed . . . . . . . . . . . . . . . . . . . . . .
Recall, not subject to . . . . . . . . . . . . . . . . . . . . . . . . .
Removal by legislature . . . . . . . . . . . . . . . . . . . . . . .
Removal by supreme court . . . . . . . . . . . . . . . . . . . .
(See Court commissioners; Judges; Judges of
supreme and superior courts; Justice of peace)
Judicial power
Vested in what courts. . . . . . . . . . . . . . . . . . . . . . . . .
4
4
4
4
4
2
2
21
21
18
4
4
5
4
1
4
4
8
13
2
28
33,34
9
31
4
1
1
16
4
4
4
4
4
1
4
4
25
30
6
12
10
10
22
6
4
1
1
1
21
11
4
1
1
1
1
1
1
16
22
16
21
21
21
21
1
10
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
Judicial qualifications commission
(See Commission on judicial conduct)
Judicial question
Public use in eminent domain . . . . . . . . . . . . . . . . . .
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)
Juror
Number necessary for verdict . . . . . . . . . . . . . . . . . .
Religious beliefs not grounds of incompetency . . . .
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)
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)
Land commissioner (See Commissioner of public lands)
(2010 Ed.)
Index to State Constitution
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 .
2
16
16
16
16
16
1
16
1
7
26
26
26
16
33
1
2,3
4
4
4
16
2,3
16
Law of the land
Constitution of United States is supreme . . . . . . . . .
1
2
1
23
12
4
1
25
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)
Lease
Of corporate franchise not to relieve from liability .
Of harbor areas for building wharves, limitations . .
State building authority, by . . . . . . . . . . . . . . . . . . .
Legal holiday
Superior courts not open . . . . . . . . . . . . . . . . . . . . .
Writs that may be issued and served on . . . . . . . . . .
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 . . .
(2010 Ed.)
2
2
2
3
2
2
2
2
2
1
3
3
3
1
31
1(c)
41
18
1(d)
23
12
12
12
23
2
2
2
18
22
28
8
27
3
2
12
15
8
4
4
2
2
22
2
2
2
2
8
2
9
6
6
8
11
1,2
43
1
30
12
2
2
23
1
2
2
3
2
2
2
2
42
9
7
12
30
9
8
Index
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 . . . . . . . . . . . . . . . . . . .
Governmental continuity during emergency
periods, to provide for . . . . . . . . . . . . . . .
Harbor lines, commission to establish, to be
appointed . . . . . . . . . . . . . . . . . . . . . . . . .
2
2
2
7
9
11
2
2
2
13
17
30
2
2
2
16
16
2
2
14
2
10
2
2
2
3
2
2
14
8
43
17
43
9
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
11
5
27
13
3
2
4
29
11
4
2
20
4
30
24
2
3
4
11
6
5
1A
6
1
2
35
2
42
15
1
[Vol. 1 RCW—page 125]
Index
Constitution of the State of Washington
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 . . . . . . . . . . . . . . . .
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 . . . . . . . . . . . .
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. . . .
[Vol. 1 RCW—page 126]
20
19
1
1
4
31
4
10
15
2
20
2
10
2
11
5
11
5
27
11
12
2
8
2
20
39
8
30
10
9
4
2
4
21
2
43
6
7
11
5
16
9
16
2
3
5
14
10
1
3
2
26
7
7
3
8
7
1
7
7
10
1
12
20
6
19
1
6
2
2
2
37
38
19
2
2
42
18
2
18
2
2
2
31
32
32
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 . . . . .
2
2
3
2
2
18
19
12
36
21,22
3
25
12
11
1
12
11
3
4
22
23
1
2
42
23
2
12
12
4
2
11
10
1
11
24
5
6
2
2
42
2
25
11
5
12
12
22
3
15
2
4
4
1
12
1
8
1
2
21
24
7
32
9
1
4
2
2
28
11
10
11
12
5
18
12
12
18
18
4
9
4
3(a)
9
3
(2010 Ed.)
Index to State Constitution
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) . . . . . . . . . . . . . . . .
14
1
Authority of cities to levy special taxes for. . . . . . . .
7
9
2
1
Local officers
Eligible to legislature. . . . . . . . . . . . . . . . . . . . . . . . .
2
14
4
31
11
2
8
2
1,2
5
12
9
Lotteries
Prohibited, except . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
24
4
2
12
1
8
12
7
11
9
5
3
12
6
1
12
2
26
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
3
2
3
5
3
3
2
10
10
1
1,2
25
16
10
3
3
10
3
1
3
8
28(10)
3
Life
Deprivation of without due process of law prohibited
Limitation of actions
Special legislation prohibited. . . . . . . . . . . . . . . . . .
2
Limitation on levies
7
2
12
22
Limiting production
Combination for, prohibited. . . . . . . . . . . . . . . . . . .
28(17)
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
(2010 Ed.)
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 . .
5
2
11
2
2
1
22
3
8
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. . . . . . . . . . . . . . . . . .
11
7
7
11
Liabilities
Corporate, not relieved by alienation or lease of franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extinguishment by special legislation prohibited . .
Territorial assumed by state . . . . . . . . . . . . . . . . . . .
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Index
1
29
Manufacturing purposes
Use of waters for, deemed public use . . . . . . . . . . .
21
1
Medicine
Practice and sale, legislature to regulate . . . . . . . . .
20
2
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
6
1
1
5
19
18
10
10
1
1
10
3
10
6
8
2
10
3
10
2
10
10
2
14
2
5
2
7
35
1
Men
Military
Duty not to be required on election day, except . . .
Not to interfere with elections . . . . . . . . . . . . . . . . .
Subordinate to civil power . . . . . . . . . . . . . . . . . . .
(See Army; Militia)
Militia
Citizens subject to duty in . . . . . . . . . . . . . . . . . . . .
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)
Mines
Protection of employees, laws to be passed . . . . . .
Yield tax or au valorem tax authorized . . . . . . . . . .
Mining purposes
[Vol. 1 RCW—page 127]
Index
Constitution of the State of Washington
Use of water for, deemed public use . . . . . . . . . . . .
21
Minors
Property of, not to be affected by special laws . . . .
(See Children; Majority)
2
Misdemeanors
Original jurisdiction of superior court . . . . . . . . . . .
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)
Monopolies
Forbidden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Forfeiture of franchise and property may be
declared . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Penalties to be provided by law . . . . . . . . . . . . . . . .
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 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)
1
28(4),(11)
4
6
12
8
11
7
11
11
4
15
6
14
12
22
12
12
22
22
2
1
11
11
8
8
8
2
40
16
10
16
7
7
8
28(10)
7
8
11
11
11
11
11
9
6
11
10
11
13
15
11
30
27
2
15
8
1
9
28(8)
3
7
9
7
1
11
11
11
11
12
12
8
14
Municipal courts
Legislature may provide for. . . . . . . . . . . . . . . . . . .
4
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)
Names
[Vol. 1 RCW—page 128]
8
6
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
17
1
1
New county
Formation by special act not prohibited . . . . . . . . .
Restrictions on . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
Nonresidents
Taxation of lands of citizens of United . . . . . . . . . .
States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26
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
28
33,34
Oaths
Mode of administering . . . . . . . . . . . . . . . . . . . . . .
Of judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Of senators in impeachment trials . . . . . . . . . . . . . .
1
4
5
6
28
1
Obligation of contracts
Not to be impaired by legislation . . . . . . . . . . . . . .
1
23
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 . . . . . . . . . . . . . . . . . . . . . . . .
1
27
5
1
1
1
1
20
5
2
9
25
22
21
2
2
14
30
2
13
2
4
3
1
14
15,17
25
11
4
4
3
9
31
13
3
11
25
5
2
30
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 . . . . . . . . . . . . . . . . . . . . . . .
Officers
Abolition of certain state offices authorized . . . . . .
Accountability for fees and money collected . . . . .
Compensation, change during term (See Compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Corrupt solicitation of, prohibited . . . . . . . . . . . . . .
28(18)
3
(2010 Ed.)
Index to State Constitution
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)
Official acts
Validation by special laws prohibited . . . . . . . . . . .
11
7
11
5
27
27
2
11
5
2
2
7
11
25
14
2
10
14
10
2
2 14
2 39
11 15
3
5
3
27
12
2
13
2
6,14
20
39
1
28(12)
Omissions
In laws, annual report by judges . . . . . . . . . . . . . . .
4
25
Open space lands
Taxation based on actual use . . . . . . . . . . . . . . . . . .
7
11
Opinions
Of supreme court, publication . . . . . . . . . . . . . . . . .
4
21
Original jurisdiction
Superior court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supreme court . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
4
6
4
Ownership of lands
Prohibited to aliens, except (Repealed by Amendment 42) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pardoning power
Governor vested with, subject to restrictions. . . . . .
Report to legislature of pardons granted . . . . . . . . .
2
3
3
33
9
11
Partnership (See Copartnerships)
Pass
Index
Pension funds, public
Investment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pension increase not extra compensation . . . . . . . .
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 to .
Permanent school fund
Investment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29
2
1
25
1
16
2
1
1
1
1
1
1
4
11
7
1
26
30
1
9
16
3
5
4
4
7
12
1
7
(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 . . . . . . . . . . . . . . . . . . .
Persons
Convicted of infamous crimes, excluded from elective franchise . . . . . . . . . . . . . . . . . . . . . . . . .
School funds not to be loaned to (Amended by
Amendment 44) . . . . . . . . . . . . . . . . . . . . . . .
6
3
16
5
Persons under disability
Sale or mortgage of property forbidden to be authorized by special law . . . . . . . . . . . . . . . . . . . .
2
28(4)
1
4
Police justice
Justice of peace may be made . . . . . . . . . . . . . . . . .
4
10
Police power
Counties, cities, towns, townships may exercise. . .
11
11
Political power
Inherent in people . . . . . . . . . . . . . . . . . . . . . . . . . .
1
1
2
4
Population
Classification of counties by . . . . . . . . . . . . . . . . . .
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
Petition
Right of, not to be abridged. . . . . . . . . . . . . . . . . . .
(See Initiative and referendum; Recall of officers)
Pooling
By common carriers prohibited (Repealed by
Amendment 67) . . . . . . . . . . . . . . . . . . . . . . .
(See Combinations)
Popular government (See Initiative and referendum)
Grant of, to public officers, prohibited . . . . . . . . . .
Use of, by public officers, prohibited . . . . . . . . . . .
Passenger tariffs
Abuses and extortions to be prohibited . . . . . . . . . .
Regulation by legislature authorized . . . . . . . . . . . .
12
2
12
12
Penal institutions
State support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
Penalties
Accrued to territory, inure to state . . . . . . . . . . . . . .
Incurred, not affected by change in government . . .
Remission by special act prohibited . . . . . . . . . . . .
Violation of provisions against monopolies. . . . . . .
27
27
2
12
Penitentiary
Chaplain, right to employ . . . . . . . . . . . . . . . . . . . .
1
(2010 Ed.)
20
39
18
18
1
3
5
28(14)
22
11
Powers
Executive, vested in governor . . . . . . . . . . . . . . . . .
Initiative and referendum (See Initiative and referendum)
Judicial, where vested . . . . . . . . . . . . . . . . . . . . . . .
Legislative
[Vol. 1 RCW—page 129]
Index
Constitution of the State of Washington
During emergency periods caused by enemy
attack . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where vested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pardoning, where vested . . . . . . . . . . . . . . . . . . . . .
2
2
3
42
1
9
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 . . . . . . . . . . . . . . . . . . . . . . . .
11
27
27
11
5
14
14
6
President of senate
Lieutenant governor shall be . . . . . . . . . . . . . . . . . .
Temporary presiding officer, when chosen . . . . . . .
3
2
16
10
Press
Liberty of, secured . . . . . . . . . . . . . . . . . . . . . . . . . .
1
5
Prices
Combination to fix, prohibited. . . . . . . . . . . . . . . . .
12
22
Private affairs
Disturbance of, prohibited . . . . . . . . . . . . . . . . . . . .
1
7
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)
Prosecuting attorney
Election, duties, term, compensation, legislature to
provide for . . . . . . . . . . . . . . . . . . . . . . . . . . .
Removal from office by legislature . . . . . . . . . . . . .
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)
12
1
11
1
27
10
3
13
16
4
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
3
2
10
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
Public debts
Private property not to be taken in payment of . . . .
11
13
Public employment
Religious qualification not to be required . . . . . . . .
1
11
11
11
5
14
Private corporations (See Corporations)
Private legislation
Prohibited in enumerated cases . . . . . . . . . . . . . . . .
Private property
Not to be taken for public debts. . . . . . . . . . . . . . . .
Taking for public or private use . . . . . . . . . . . . . . . .
(See Eminent domain)
2
28
11
1
13
16
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 . . .
1
8
2
10
6
16
5
5
Privileges
Equal to all citizens and corporations . . . . . . . . . . .
Hereditary, grant of, by state prohibited . . . . . . . . .
Special, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . .
1
1
1
12
28
12
Probate courts
Transfer from territorial to superior court . . . . . . . .
27
10
4
4
4
6
27
10
Probate matters
Appellate jurisdiction of supreme court. . . . . . . . . .
Original jurisdiction of superior court . . . . . . . . . . .
Transfer of jurisdiction from territorial probate
court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Vol. 1 RCW—page 130]
4
4
27
4
6
17
4
6
Public corporations (See Municipal corporations)
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 . . . . . . . . . . . . . . . .
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
2
20
1(b)
35
1
8
8
8
8
26
6
9
1
2,3
3
Public institutions
Exception from power of referendum of bills affecting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
State support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
13
l(b)
1
Public lands
Disclaimer by state of title to unappropriated . . . . .
Granted to state held in trust for people . . . . . . . . .
Sale only for full market value . . . . . . . . . . . . . . . .
26
16
16
2
1
1
(2010 Ed.)
Index to State Constitution
Unappropriated to be subject to control of United
States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(See Commissioner of public lands; Granted lands;
Lands; School lands)
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)
Public office
Religious qualification not to be required . . . . . . . .
Public officer
Change of compensation during term (See Compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Religious qualifications, prohibition against . . . . . .
(See Officers)
26
9
1
8
10
7
11
7
14
Railroad and transportation commission
May be established by legislature . . . . . . . . . . . . . .
12
18
12
15
12
22
12
12
12
14
18
13
12
12
13
16
12
13
12
19
12
12
12
15
15
21
12
12
18
20
12
13
12
18
2
12
12
39
20
17
12
12
19
13
Railway cars
Jurisdiction of public offense committed on . . . . . .
1
22
Ratification
Constitutional amendments . . . . . . . . . . . . . . . . . . .
Revision of Constitution . . . . . . . . . . . . . . . . . . . . .
23
23
1
3
Real property
Appellate jurisdiction of supreme court . . . . . . . . .
Original jurisdiction of superior court. . . . . . . . . . .
Retired persons tax exemption . . . . . . . . . . . . . . . .
Taxation based on actual use . . . . . . . . . . . . . . . . . .
4
4
7
7
4
6
10
11
1
13
1
33
1
1
1
1
1
34
33
34
33
33
1
1
11
11
11
Public safety
Exception from power of referendum of bills affecting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ground for suspension of habeas corpus . . . . . . . . .
2
1
1(b)
13
26
9
26
9
26
4
4
4
1
4
3
9
9
22
2
2
21
1
1
16
Punishment
Bribery and corrupt solicitation, how punished . . . .
Cruel, not to be inflicted . . . . . . . . . . . . . . . . . . . . .
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)
Quo warranto
Appellate and original jurisdiction of supreme
court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Original jurisdiction of superior court . . . . . . . . . . .
Quorum
(2010 Ed.)
8
2
Discrimination in education on account of, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
Public utility districts
Excepted from levy limitation . . . . . . . . . . . . . . . . .
2
4
Race
Public property
Not to be applied to religious worship . . . . . . . . . . .
Public use
Of state waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Taking of private property for . . . . . . . . . . . . . . . . .
(See Eminent domain)
8
5
11
15
1
25
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)
2
11
1
11
29
2
Open to all children of state . . . . . . . . . . . . . . . . . . .
Legislature
Majority of each house to constitute . . . . . . .
Less number may adjourn and compel attendance . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supreme court, majority of judges necessary . . . . .
2
Public pension funds
Investment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pension increase not extra compensation . . . . . . . .
Public schools
Establishment and maintenance guaranteed . . . . . .
Free from sectarian control . . . . . . . . . . . . . . . . . . .
Index
7
2
2
1
30
14
4
2
2
1
3
17
7
8
11
25
4
4
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 . . . . . . . . . . . . . . . . . . . . . . .
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)
4
6
Rebellion or invasion
Suspension of writ of habeas corpus . . . . . . . . . . . .
(See also Invasion and attack)
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 . . . . . . . . . . . . . . . .
[Vol. 1 RCW—page 131]
Index
Constitution of the State of Washington
Receipts and expenditures
Account of, to be published . . . . . . . . . . . . . . . . . . .
Reclamation
Taking property for is public use . . . . . . . . . . . . . . .
Recognizances
Territorial inure to state . . . . . . . . . . . . . . . . . . . . . .
Valid and unaffected by change in government . . .
Compensation and mileage . . . . . . . . . . . . . . . . . . .
1
16
27
27
4
4
2
42
3
3
27
17
24
8
Redistricting
Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legislature’s approval . . . . . . . . . . . . . . . . . . . . . . .
Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
2
2
43
43
43
Referendum (See Initiative and referendum)
Regents
Appointment for state institutions . . . . . . . . . . . . . .
7
13
1
1
Registration law
Compliance with by elector necessary. . . . . . . . . . .
Enactment by legislature required, when. . . . . . . . .
Power of legislature to provide for punishment for
illegal registration (Amended by Amendment
63) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
6
7
7
6
1
Release of debt or obligation
Special legislation prohibited. . . . . . . . . . . . . . . . . .
2
Religion
Appropriations of public funds for religious purposes prohibited . . . . . . . . . . . . . . . . . . . . . . .
Chaplain of state penitentiary, right to employ . . . .
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)
Reporter of supreme court
1
1
1
1
1
26
1
26
1
28(10)
11
11
11
11
11
1
11
1
11
2
2
2
2
2
2
16
16
7
43
4,5
15
Reprieves
Report of, by governor to legislature. . . . . . . . . . . .
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
8
10
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)
Retirement
Funds, investment of . . . . . . . . . . . . . . . . . . . . . . . .
Judges of supreme, superior courts . . . . . . . . . . . . .
Public officers, increase in pension not extra compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Retired persons tax exemption . . . . . . . . . . . . . . . .
4
5
4
4
5
5
3
31
1
9
31
2
3
10
4
18
4
4
21
25
Representative districts
Apportionment among counties. . . . . . . . . . . . . . . .
Vacancies, how filled . . . . . . . . . . . . . . . . . . . . . . . .
22
2
2
15
Representatives
Apportionment among counties. . . . . . . . . . . . . . . .
22
2
29
4
1
3(a)
2
7
25
10
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
1
16
1
4
1
24
1
24
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)
Right-of-way
Appropriation of property for . . . . . . . . . . . . . . . . .
(See Eminent domain)
Reports
Decisions of supreme court . . . . . . . . . . . . . . . . . . .
Defects and omissions in the laws . . . . . . . . . . . . . .
[Vol. 1 RCW—page 132]
23
1
4,5
2
7
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 .
Reforestation
Yield tax or au valorem tax authorized . . . . . . . . . .
2
28
2
2
Residential energy conservation
Loan of credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
Right to assemble
Not to be abridged . . . . . . . . . . . . . . . . . . . . . . . . . .
Right to bear arms
Not to be impaired . . . . . . . . . . . . . . . . . . . . . . . . . .
Restriction on employment of armed men by private
persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rights
Declaration of . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enumerated, not to affect others retained . . . . . . . .
Not affected by change in government . . . . . . . . . .
Reservation of rights in people (See Initiative and
referendum) . . . . . . . . . . . . . . . . . . . . . . . . . .
Road district
Vacancy in office, how filled. . . . . . . . . . . . . . . . . .
1
1
27
1-2
30
1
11
6
Roads (See Highways; State roads; Streets and roads)
(2010 Ed.)
Index to State Constitution
Rolling stock
Personal property, subject to taxation and execution
sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
4
4
4
5
30
24
Rules of proceedings
Each house to determine . . . . . . . . . . . . . . . . . . . . .
2
9
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)
17
Rules of court
Assignment of business of superior court under . . .
Court of appeals, governing . . . . . . . . . . . . . . . . . . .
Judges of superior courts to establish . . . . . . . . . . .
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) . .
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)
Index
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 . . . . . . . . . . . . . . . . . . .
27
8,9
2
3
27
27
14
3
14
42
24
15
18
1
24
2
14
14
1
1
4
4
28
4
28
13,14
10
1
18
1
Secrecy
In legislative proceedings . . . . . . . . . . . . . . . . . . . .
Of ballot, to be secured at elections . . . . . . . . . . . .
2
6
11
6
3
15
2
3
3
3
2
3
2
3
34
4
17
1
1(a)
24
1(d)
24
3
18
2
3
3
1(d)
10
3
9
26
4
4
1
1
32
7
13
5
5
2
2
2
2
2
1
1
1
1
2
10
8
43
22
2
2
2
2
1
6
6
6
15
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23
3
16
3
17
3
3
22
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
Sectarian control
Public schools to be free from . . . . . . . . . . . . . . . . .
School elections
Women may be permitted to vote (Stricken by
Amendment 5) . . . . . . . . . . . . . . . . . . . . . . . .
6
2
Security
Of individual rights, what is essential . . . . . . . . . . .
Of person in private affairs and home . . . . . . . . . . .
9
2
2
28(7)
9
9
16
3
3
5
16
9
9
5
5
3
(2010 Ed.)
15
1
18
9
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. . . . . . . . . . . . . . . .
2
Schools
3
18
3
27
25
25
13
8
1
1
22
5,8
1
1
21
20
23
14
School lands
Sale, manner of . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
2
2
3
4
11
28
30
4
11
28
28
3
3
3
3
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)
9
9
16
2-4
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. . . . . . . . . . . . . . . . . .
[Vol. 1 RCW—page 133]
Index
Constitution of the State of Washington
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 . . . . . . . . . . . . . . . . . .
For local improvements authorized . . . . . . . . . . . . .
2
22
2
28
2
5
2
2
2
2
2
1
2
2
6
1
23
1
6
1
2
16
16
7
43
33,34
6
15
Separate articles
Submission for adoption or rejection . . . . . . . . . . . .
Form of ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prohibition (rejected) . . . . . . . . . . . . . . . . . . . . . . . .
Woman suffrage (rejected). . . . . . . . . . . . . . . . . . . .
27
27
27
27
17
18
17
17
Sessions, legislative
Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Must be open, exceptions. . . . . . . . . . . . . . . . . . . . .
Regular. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vetoed bills, extraordinary session to reconsider . .
2
2
2
2
3
12
11
12
12
12
Settlement of land
Taking of property for is public use . . . . . . . . . . . . .
1
16
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
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 .
2
1
43
31
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
24
8
1
9
25
25
26
1
1
1-4
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 . . . . . . . . . . . . . . . . . . . .
Credit not to be loaned . . . . . . . . . . . . . . . . . . . . . .
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 . . . . . . . . . . . .
27
13
2
2
42
29
12
8
12
9
5
9
27
5
27
3
8
8
8
26
22
9
15
26
16
1-3
1
1-3
2
1-2
1
1
2
1
17
26
13
2
7
1
4
1
26
1
26
27
16
3
4
3
17
2
2
28(12)
State auditor (See Auditor)
State board of health
Legislature to establish . . . . . . . . . . . . . . . . . . . . . .
20
1
3
3
State building authority
Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
9
1
2
33,34
1(d)
State capital
Location, how made . . . . . . . . . . . . . . . . . . . . . . . .
Change of, method . . . . . . . . . . . . . . . . . . . . . . . . .
(See Seat of government)
14
14
1
2
Special legislation
Prohibited in enumerated cases . . . . . . . . . . . . . . . .
2
28
Special privileges
Grant of, prohibited . . . . . . . . . . . . . . . . . . . . . . . . .
Invalid, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
State courts
Jurisdiction of actions in territorial courts to be
assumed by . . . . . . . . . . . . . . . . . . . . . . . . . . .
27
5,8,10
1
12
12
2
State indebtedness
Annual expenses and state debt to be met by taxation (Amended by Amendment 14). . . . . . . .
7
Soldiers’ home
Admission granted to certain state militiamen,
Union soldiers, sailors, and marines . . . . . . . .
Maintenance by state to be provided for . . . . . . . . .
10
10
Special election
Recall of public officers, election on petition for . .
Reference of measures to people at . . . . . . . . . . . . .
Special taxation
[Vol. 1 RCW—page 134]
1
(2010 Ed.)
Index to State Constitution
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 . . . . . . . . . . . . . . .
State institutions
Chaplains . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Officers appointed by governor, with advice of senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Support by state required . . . . . . . . . . . . . . . . . . . . .
8
8
1
2
When take effect (Stricken by Amendment 7) . . . .
(See Acts; Bill; Laws)
8
3
9
8
8
5
9
1
1
11
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)
13
13
1
1
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)
State land commissioner (See Commissioner of public
lands)
State lands (See Lands; Public lands)
State militia (See Militia)
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)
State offices
Abolition of certain, permitted. . . . . . . . . . . . . . . . .
Eligibility to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
31
12
6
12
12
4
4
12
11
8
12
12
12
12
7
6
6
6
6
16
3
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
1
2
19
2
26
3
3
3
22
1
24
3
3
10
3
Stone
Sale from state lands authorized . . . . . . . . . . . . . . .
3
25
2
42
3
27
6
3
6
3
5
4
7
8
4
8
5
2
3
12
2
3
3
5
3
5
20
39
25
24
3
24
3
3
3
3
25
25
State reformatories
Chaplain, employment of. . . . . . . . . . . . . . . . . . . . .
1
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
Statement of receipts and expenditures
Annual publication required . . . . . . . . . . . . . . . . . .
7
7
Statistics
Bureau of, established . . . . . . . . . . . . . . . . . . . . . . .
2
34
Statutes
Enacting clause, style of . . . . . . . . . . . . . . . . . . . . .
2
18
State taxes (See Taxation)
State treasurer (See Treasurer)
(2010 Ed.)
Index
Streets and roads
Extension over tide lands permitted . . . . . . . . . . . .
Opening or altering under special laws prohibited,
exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(See Highways)
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)
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . . . . . . . . . . . .
4
4
4
4
4
4
4
4
27
4
4
1
30
2(a)
5
26
23
11
20
5,29
12
17
6
26
4
4
4
4
4
4
5
5,29
5
7
3(a)
7
[Vol. 1 RCW—page 135]
Index
Constitution of the State of Washington
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)
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
27
4
27
4
4
9
5
5,8
5
6
4
4
4
4
4
4
4
4
4
2(a)
3
22
30
11
2
2
3
17
4
4
4
2
2
3(a)
Budget stabilization account . . . . . . . . . . . . . . . . . .
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 . . . . . . . . . . . . . . .
4
4
4
4
4
27
4
4
2
25
18
3(a)
30
9
3
2(a)
27
4
8
3
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 . . . . . . . . . . . . . . .
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 au 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)
Supreme court clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
22
Technical schools
Included in public school system . . . . . . . . . . . . . .
Supreme court reporter . . . . . . . . . . . . . . . . . . . . . . . . .
4
18
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)
Supreme law
Constitution of United States is . . . . . . . . . . . . . . . .
4
4
4
4
4
4
4
1
3
1
4
2
21
31
4
2
Surgery
Practice of, to be regulated by law. . . . . . . . . . . . . .
20
2
Swamp and overflowed lands
Disclaimer by state of title to patented . . . . . . . . . .
17
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 . . . . . . . . . . . . . . . . . . . . . . .
7
11
11
7
7
26
7
7
7
26
7
7
12
12
12
8
1
2
1
10
1
2
11
3
2
7
26
7
40
1
2
1
4
4
7
7
7
7
7
11
4
6
5
1
5
5
1
12
7
1
7
11
26
7
7
7
9
12
2
11
1
1,2
7
7
7
7
12
7
7
2
1
1
10
17
9
11
7
6
11
9
7
7
7
7
11
7
7
4
1
2
11
12
1,9
1
9
2
12
12
19
19
12
12
12
19
19
19
12
19
11
7
11
8
2
Taxation
Au valorem tax on mines and reforested lands . . . .
Agricultural lands, actual use. . . . . . . . . . . . . . . . . .
Assessment or collection by special laws prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Vol. 1 RCW—page 136]
7
7
1
11
2
28(5)
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 . . . . . . . . . . . . . . . . . . . . . . . . . .
(2010 Ed.)
Index to State Constitution
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)
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)
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 . . . . . . . . . .
Tide waters
Control and regulation within harbor areas . . . . . . .
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 . . . . . . . . . . . . . . . . . .
Title
27
14
3
25
3
3
3
27
3
30
11
3
4
4
3
3
3
4
16
3
1
5
2
3
5
3
27
2
3
2
3
3
11
4,5
3
6
3
3
27
27
27
27
26
11
3
4
8
5,8
3
1
27
27
27
26
27
27
27
1
2
2
3
6
1
4
1
2
1
1
1
9
30
22
27
11
17
1
15
17
17
3
2
1
15
(2010 Ed.)
17
17
1
2
26
1
4
4
4
6
2
28(8)
Toll
Appellate jurisdiction of supreme court . . . . . . . . .
Original jurisdiction of superior court. . . . . . . . . . .
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)
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)
Trains
Jurisdiction of public offense committed on . . . . . .
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)
32
8
8
8
11
11
1
7
7
6
15
14
11
30
11
11
11
8
1
8
10
11
11
11
12
12
7
9
11
11
4
4
11
11
11
11
5
11
8
6
1
22
12
12
12
12
12
12
18
13
15
15
18
20
12
14
1
1
27
27
3
3
19
1
3
3
3
25
24
24
3
3
10
3
1-3
16
3
9
7
3
11
7
16
7
1
3
11
2
2
Assertion by state in tide lands . . . . . . . . . . . . . . . .
Disclaimer by state to patented lands . . . . . . . . . . .
Tolerance
Secured in matters of religious sentiment . . . . . . . .
Time
Petition for initiative measures, time for filing . . . .
Referendum petition, time for filing . . . . . . . . . . . .
Index
1(a)
1(d)
Treason
Acts constituting . . . . . . . . . . . . . . . . . . . . . . . . . . .
Evidence necessary for conviction . . . . . . . . . . . . .
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
[Vol. 1 RCW—page 137]
Index
Constitution of the State of Washington
Moneys collected by municipal officers to be paid
into . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paid out of state, when and how . . . . . . . . . . . . . . .
State taxes to be paid into . . . . . . . . . . . . . . . . . . . .
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Trustees
Appointment for state institutions . . . . . . . . . . . . . .
11
8
7
15
4
6
1
1
1
1
12
12
22
22
Twice in jeopardy
Not to be subjected to for same offense. . . . . . . . . .
1
9
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. . . . . . .
6
27
2
6
6
6
6
6
15
27
6
3
1A
7
6
4
2
29
6
4
6
6
4
1
2
6
6
1(d)
1
5
6
3
2
1(d)
2
1(a)
2
6
6
6
1(a)
1A
5
1
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
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)
1
Trusts
Forfeiture of property and franchise may be
declared for . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prohibited under penalty . . . . . . . . . . . . . . . . . . . . .
Uniformity
In system of county government to be provided for
In taxation, required . . . . . . . . . . . . . . . . . . . . . . . . .
1
21
13
20
22
21
21
21
1
Vital statistics
Bureau of, to be created. . . . . . . . . . . . . . . . . . . . . .
11
7
4
1,9
26
16
1
25
27
2
6
7
26
26
1-4
1
2
1
6
14
1A
3
2
2
11
6
2
2
3
4
2
2
3
42
15
10
3,5
15
15
13
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)
Incompetent persons, disqualification . . . . . . . . . . .
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)
Validating acts
Relating to deeds, etc., by special laws, prohibited .
2
28(9)
Validity of statute
Appellate jurisdiction of supreme court. . . . . . . . . .
4
4
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 . . . . . . . . . . . . . . . . . .
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
Validation by special law prohibited . . . . . . . . . . . .
2
28(9)
Witness
Accused as having right to confront . . . . . . . . . . . .
Crimination of self in bribery cases compulsory. . .
Not compelled to testify against himself . . . . . . . . .
Number necessary for conviction in treason . . . . . .
1
2
1
1
22
30
9
27
Verdict
Number of jurors may be less than twelve in civil
cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
21
Vested rights
In tide lands, protected . . . . . . . . . . . . . . . . . . . . . . .
17
1
Governor’s power of . . . . . . . . . . . . . . . . . . . . . . . .
Measures initiated by or referred to the people
Passage over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
2
3
12
1(d)
12
Victims of crimes
Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
35
Veto
Village (See Towns and villages)
[Vol. 1 RCW—page 138]
Wills
(2010 Ed.)
Index to State Constitution
Religious belief not ground of incompetency . . . . .
(See Testimony)
1
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
Freedom guaranteed. . . . . . . . . . . . . . . . . . . . . . . . .
1
11
4
4
4
6
4
6
2
2
2
36
21
22
2
Index
31
Writs
Issuance and service on nonjudicial days . . . . . . . .
Issuance by supreme court . . . . . . . . . . . . . . . . . . . .
Issuance by superior court . . . . . . . . . . . . . . . . . . . .
(See Habeas corpus)
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)
(2010 Ed.)
1,2
[Vol. 1—page 139]
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