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CONSTITUTION OF THE STATE OF WASHINGTON

Legislative Information Center

Revised 01-12-11
CONSTITUTION OF THE STATE OF WASHINGTON
This Constitution was framed by a convention of seventy-five 14 Excessive bail, fines and punishments.
delegates, chosen by the people of the Territory of Washington at
an election held May 14, 1889, under section 3 of the Enabling
15 Convictions, effect of.
Act. The convention met at Olympia on the fourth day of July, 16 Eminent domain.
1889, and adjourned on the twenty-second day of August, 1889. 17 Imprisonment for debt.
The Constitution was ratified by the people at an election held on 18 Military power, limitation of.
October 1, 1889, and on November 11, 1889, in accordance with
section 8 of the Enabling Act, the president of the United States
19 Freedom of elections.
proclaimed the admission of the State of Washington into the 20 Bail, when authorized.
Union. 21 Trial by jury.
22 Rights of the accused.
TABLE OF CONTENTS 23 Bill of attainder, ex post facto law, etc.
24 Right to bear arms.
(A) Constitution of the State of Washington 25 Prosecution by information.
(B) Constitutional Amendments (in order of adoption) 26 Grand jury.
(C) Index to State Constitution. 27 Treason, defined, etc.
28 Hereditary privileges abolished.
In part (A), for convenience of the reader, the latest con- 29 Constitution mandatory.
stitutional amendments have been integrated with the cur- 30 Rights reserved.
rently effective original sections of the Constitution with the 31 Standing army.
result that the Constitution is herein presented in its currently 32 Fundamental principles.
amended form. 33 Recall of elective officers.
All current sections, whether original sections or consti- 34 Same.
tutional amendments, are carried in Article and section order 35 Victims of crimes — Rights.
and are printed in regular type.
Following each section which has been amended, the Article II — LEGISLATIVE DEPARTMENT
original section and intervening amendments (if any) are
printed in italics. Sections
Appended to each amendatory section is a history note 1 Legislative powers, where vested.
stating the amendment number and date of its approval as 1(a) Initiative and referendum, signatures required.
well as the citation to the session law wherein may be found 2 House of representatives and senate.
the legislative measure proposing the amendment; e.g. 3 The census.
"[AMENDMENT 27, 1951 House Joint Resolution No. 8, p 4 Election of representatives and term of office.
961. Approved November 4, 1952.]" 5 Elections, when to be held.
In part (B), the constitutional amendments are also 6 Election and term of office of senators.
printed separately, in order of their adoption. 7 Qualifications of legislators.
8 Judges of their own election and qualification —
(A) Constitution of the State of Washington Quorum.
9 Rules of procedure.
PREAMBLE 10 Election of officers.
Article I — DECLARATION OF RIGHTS 11 Journal, publicity of meetings — Adjournments.
12 Sessions, when — Duration.
Sections 13 Limitation on members holding office in the state.
1 Political power. 14 Same, federal or other office.
2 Supreme law of the land. 15 Vacancies in legislature and in partisan county elec-
3 Personal rights. tive office.
4 Right of petition and assemblage. 16 Privileges from arrest.
5 Freedom of speech. 17 Freedom of debate.
6 Oaths — Mode of administering. 18 Style of laws.
7 Invasion of private affairs or home prohibited. 19 Bill to contain one subject.
8 Irrevocable privilege, franchise or immunity pro- 20 Origin and amendment of bills.
hibited. 21 Yeas and nays.
9 Rights of accused persons. 22 Passage of bills.
10 Administration of justice. 23 Compensation of members.
11 Religious freedom. 24 Lotteries and divorce.
12 Special privileges and immunities prohibited. 25 Extra compensation prohibited.
13 Habeas corpus. 26 Suits against the state.
(Rev. 12-10) [Page 1]
Constitution of the State of Washington

27 Elections — Viva voce vote. 5 Superior court — Election of judges, terms of, etc.
28 Special legislation. 6 Jurisdiction of superior courts.
29 Convict labor. 7 Exchange of judges — Judge pro tempore.
30 Bribery or corrupt solicitation. 8 Absence of judicial officer.
31 Laws, when to take effect. 9 Removal of judges, attorney general, etc.
32 Laws, how signed. 10 Justices of the peace.
33 Alien ownership. 11 Courts of record.
34 Bureau of statistics, agriculture and immigration. 12 Inferior courts.
35 Protection of employees. 13 Salaries of judicial officers — How paid, etc.
36 When bills must be introduced. 14 Salaries of supreme and superior court judges.
37 Revision or amendment. 15 Ineligibility of judges.
38 Limitation on amendments. 16 Charging juries.
39 Free transportation to public officer prohibited. 17 Eligibility of judges.
40 Highway funds. 18 Supreme court reporter.
41 Laws, effective date, initiative, referendum — 19 Judges may not practice law.
Amendment or repeal. 20 Decisions, when to be made.
42 Governmental continuity during emergency peri- 21 Publication of opinions.
ods. 22 Clerk of the supreme court.
43 Redistricting. 23 Court commissioners.
24 Rules for superior courts.
Article III — THE EXECUTIVE 25 Reports of superior court judges.
26 Clerk of the superior court.
Sections 27 Style of process.
1 Executive department. 28 Oath of judges.
2 Governor, term of office. 29 Election of superior court judges.
3 Other executive officers, terms of office. 30 Court of appeals.
4 Returns of elections, canvass, etc. 31 Commission on judicial conduct.
5 General duties of governor.
6 Messages. Article V — IMPEACHMENT
7 Extra legislative sessions.
8 Commander-in-chief. Sections
9 Pardoning power. 1 Impeachment — Power of and procedure.
10 Vacancy in office of governor. 2 Officers liable to.
11 Remission of fines and forfeitures. 3 Removal from office.
12 Veto powers.
13 Vacancy in appointive office. Article VI — ELECTIONS AND ELECTIVE RIGHTS
14 Salary.
15 Commissions, how issued. Sections
16 Lieutenant governor, duties and salary. 1 Qualifications of electors.
17 Secretary of state, duties and salary. 1A Voter qualifications for presidential elections.
18 Seal. 2 School elections — Franchise, how extended.
19 State treasurer, duties and salary. 3 Who disqualified.
20 State auditor, duties and salary. 4 Residence, contingencies affecting.
21 Attorney general, duties and salary. 5 Voter — When privileged from arrest.
22 Superintendent of public instruction, duties and sal- 6 Ballot.
ary. 7 Registration.
23 Commissioner of public lands — Compensation. 8 Elections, time of holding.
24 Records, where kept, etc.
25 Qualifications, compensation, offices which may Article VII — REVENUE AND TAXATION
be abolished.
Sections
Article IV — THE JUDICIARY 1 Taxation.
2 Limitation on levies.
Sections 3 Taxation of federal agencies and property.
1 Judicial power, where vested. 4 No surrender of power or suspension of tax on cor-
2 Supreme court. porate property.
2(a) Temporary performance of judicial duties. 5 Taxes, how levied.
3 Election and terms of supreme court judges. 6 Taxes, how paid.
3(a) Retirement of supreme court and superior court 7 Annual statement.
judges. 8 Tax to cover deficiencies.
4 Jurisdiction.
[Page 2] (Rev. 12-10)
Constitution of the State of Washington

9 Special assessments or taxation for local improve- 12 Assessment and collection of taxes in municipali-
ments. ties.
10 Retired persons property tax exemption. 13 Private property, when may be taken for public
11 Taxation based on actual use. debt.
12 Budget stabilization account. 14 Private use of public funds prohibited.
15 Deposit of public funds.
Article VIII — STATE, COUNTY, AND 16 Combined city-county.
MUNICIPAL INDEBTEDNESS
Article XII — CORPORATIONS
Sections OTHER THAN MUNICIPAL
1 State debt.
2 Powers extended in certain cases. Sections
3 Special indebtedness, how authorized. 1 Corporations, how formed.
4 Moneys disbursed only by appropriations. 2 Existing charters.
5 Credit not to be loaned. 3 Existing charters not to be extended nor forfeiture
6 Limitations upon municipal indebtedness. remitted.
7 Credit not to be loaned. 4 Liability of stockholders.
8 Port expenditures — Industrial development — 5 Term "corporation," defined — Right to sue and be
Promotion. sued.
9 State building authority. 6 Limitations upon issuance of stock.
10 Energy, water, or stormwater or sewer services con- 7 Foreign corporations.
servation assistance. 8 Alienation of franchise not to release liabilities.
11 Agricultural commodity assessments — 9 State not to loan its credit or subscribe for stock.
Development, promotion, and hosting. 10 Eminent domain affecting.
11 Stockholder liability.
Article IX — EDUCATION 12 Receiving deposits by bank after insolvency.
13 Common carriers, regulation of.
Sections 14 Prohibition against combinations by carriers.
1 Preamble. 15 Prohibition against discriminating charges.
2 Public school system. 16 Prohibition against consolidating of competing
3 Funds for support. lines.
4 Sectarian control or influence prohibited. 17 Rolling stock, personalty for purpose of taxation.
5 Loss of permanent fund to become state debt. 18 Rates for transportation.
19 Telegraph and telephone companies.
Article X — MILITIA 20 Prohibition against free transportation for public
officers.
Sections 21 Express companies.
1 Who liable to military duty. 22 Monopolies and trusts.
2 Organization — Discipline — Officers — Power
to call out. Article XIII — STATE INSTITUTIONS
3 Soldiers’ home.
4 Public arms. Sections
5 Privilege from arrest. 1 Educational, reformatory, and penal institutions.
6 Exemption from military duty.
Article XIV — SEAT OF GOVERNMENT
Article XI — COUNTY, CITY, AND
TOWNSHIP ORGANIZATION Sections
1 State capital, location of.
Sections 2 Change of state capital.
1 Existing counties recognized. 3 Restrictions on appropriations for capitol buildings.
2 County seats — Location and removal.
3 New counties. Article XV — HARBORS AND TIDE WATERS
4 County government and township organization.
5 County government. Sections
6 Vacancies in township, precinct or road district 1 Harbor line commission and restraint on disposi-
office. tion.
7 Tenure of office limited to two terms. 2 Leasing and maintenance of wharves, docks, etc.
8 Salaries and limitations affecting. 3 Extension of streets over tide lands.
9 State taxes not to be released or commuted.
10 Incorporation of municipalities. Article XVI — SCHOOL AND GRANTED LANDS
11 Police and sanitary regulations.
(Rev. 12-10) [Page 3]
Constitution of the State of Washington

Sections Article XXVI — COMPACT WITH THE


1 Disposition of. UNITED STATES
2 Manner and terms of sale.
3 Limitations on sales. Article XXVII — SCHEDULE
4 How much may be offered in certain cases —
Platting of. Sections
5 Investment of permanent common school fund. 1 Existing rights, actions, and contracts saved.
6 Investment of higher education permanent funds. 2 Laws in force continued.
3 Debts, fines, etc., to inure to the state.
Article XVII — TIDE LANDS 4 Recognizances.
5 Criminal prosecutions and penal actions.
Sections 6 Retention of territorial officers.
1 Declaration of state ownership. 7 Constitutional officers, when elected.
2 Disclaimer of certain lands. 8 Change of courts — Transfer of causes.
9 Seals of courts and municipalities.
Article XVIII — STATE SEAL 10 Probate court, transfer of.
11 Duties of first legislature.
Sections 12 Election contests for superior judges, how decided.
1 Seal of the state. 13 Representation in congress.
14 Duration of term of certain officers.
Article XIX — EXEMPTIONS 15 Election on adoption of Constitution, how to be
conducted.
Sections 16 When Constitution to take effect.
1 Exemptions — Homesteads, etc. 17 Separate articles.
18 Ballot.
Article XX — PUBLIC HEALTH AND 19 Appropriation.
VITAL STATISTICS
Article XXVIII — COMPENSATION OF
Sections STATE OFFICERS
1 Board of health and bureau of vital statistics.
2 Regulations concerning medicine, surgery and Sections
pharmacy. 1 Salaries for legislators, elected state officials, and
judges — Independent commission —
Article XXI — WATER AND WATER RIGHTS Referendum.

Sections Article XXIX — INVESTMENTS OF PUBLIC


1 Public use of water. PENSION AND RETIREMENT FUNDS

Article XXII — LEGISLATIVE APPORTIONMENT Sections


1 May be invested as authorized by law.
Sections
1 Senatorial apportionment. Article XXX — COMPENSATION OF
2 Apportionment of representatives. PUBLIC OFFICERS

Article XXIII — AMENDMENTS Sections


1 Authorizing compensation increase during term.
Sections
1 How made. Article XXXI — SEX EQUALITY — RIGHTS
2 Constitutional conventions. AND RESPONSIBILITY
3 Submission to the people.
Sections
Article XXIV — BOUNDARIES 1 Equality not denied because of sex.
2 Enforcement power of legislature.
Sections
1 State boundaries. Article XXXII — SPECIAL REVENUE FINANCING

Article XXV — JURISDICTION Sections


1 Special revenue financing.
Sections
1 Authority of the United States.

[Page 4] (Rev. 12-10)


Constitution of the State of Washington Article I Section 12

PREAMBLE hereby secured shall not be so construed as to excuse acts of


licentiousness or justify practices inconsistent with the peace
We, the people of the State of Washington, grateful to and safety of the state. No public money or property shall be
the Supreme Ruler of the Universe for our liberties, do ordain appropriated for or applied to any religious worship, exercise
this constitution. or instruction, or the support of any religious establishment:
PROVIDED, HOWEVER, That this article shall not be so
ARTICLE I construed as to forbid the employment by the state of a chap-
DECLARATION OF RIGHTS lain for such of the state custodial, correctional, and mental
institutions, or by a county’s or public hospital district’s hos-
SECTION 1 POLITICAL POWER. All political
Article I Section 1

pital, health care facility, or hospice, as in the discretion of


power is inherent in the people, and governments derive their the legislature may seem justified. No religious qualification
just powers from the consent of the governed, and are estab- shall be required for any public office or employment, nor
lished to protect and maintain individual rights. shall any person be incompetent as a witness or juror, in con-
sequence of his opinion on matters of religion, nor be ques-
SECTION 2 SUPREME LAW OF THE LAND. tioned in any court of justice touching his religious belief to
Article I Section 2

The Constitution of the United States is the supreme law of affect the weight of his testimony. [AMENDMENT 88,
the land. 1993 House Joint Resolution No. 4200, p 3062. Approved
November 2, 1993.]
SECTION 3 PERSONAL RIGHTS. No person shall
Article I Section 3

Amendment 34 (1957) — Art. 1 Section 11 RELIGIOUS FREE-


be deprived of life, liberty, or property, without due process DOM — Absolute freedom of conscience in all matters of religious senti-
of law. ment, 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;
SECTION 4 RIGHT OF PETITION AND ASSEM-
Article I Section 4
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
BLAGE. The right of petition and of the people peaceably and safety of the state. No public money or property shall be appropriated
to assemble for the common good shall never be abridged. for or applied to any religious worship, exercise or instruction, or the sup-
port of any religious establishment: Provided, however, That this article
shall not be so construed as to forbid the employment by the state of a chap-
SECTION 5 FREEDOM OF SPEECH. Every per-
Article I Section 5

lain for such of the state custodial, correctional and mental institutions as in
son may freely speak, write and publish on all subjects, being the discretion of the legislature may seem justified. No religious qualifica-
responsible for the abuse of that right. tion shall be required for any public office or employment, nor shall any per-
son 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
SECTION 6 OATHS - MODE OF ADMINISTER-
Article I Section 6

religious belief to affect the weight of his testimony. [AMENDMENT 34,


ING. The mode of administering an oath, or affirmation, 1957 Senate Joint Resolution No. 14, p 1299. Approved November 4, 1958.]
shall be such as may be most consistent with and binding
Amendment 4 (1904) — Art. 1 Section 11 RELIGIOUS FREE-
upon the conscience of the person to whom such oath, or DOM — Absolute freedom of conscience in all matters of religious senti-
affirmation, may be administered. ment, 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
SECTION 7 INVASION OF PRIVATE AFFAIRS
Article I Section 7

excuse acts of licentiousness or justify practices inconsistent with the peace


OR HOME PROHIBITED. No person shall be disturbed and safety of the state. No public money or property shall be appropriated
in his private affairs, or his home invaded, without authority for or applied to any religious worship, exercise or instruction, or the sup-
of law. port of any religious establishment. Provided, however, That this article
shall not be so construed as to forbid the employment by the state of a chap-
lain for the state penitentiary, and for such of the state reformatories as in
SECTION 8 IRREVOCABLE PRIVILEGE,
Article I Section 8

the discretion of the legislature may seem justified. No religious qualifica-


FRANCHISE OR IMMUNITY PROHIBITED. No law tion shall be required for any public office or employment, nor shall any per-
granting irrevocably any privilege, franchise or immunity, son 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
shall be passed by the legislature. religious belief to affect the weight of his testimony. [AMENDMENT 4,
1903 p 283 Section 1. Approved November, 1904.]
SECTION 9 RIGHTS OF ACCUSED PERSONS.
Article I Section 9

Original text — Art. 1 Section 11 RELIGIOUS FREEDOM —


No person shall be compelled in any criminal case to give Absolute freedom of conscience in all matters of religious sentiment, belief,
evidence against himself, or be twice put in jeopardy for the and worship, shall be guaranteed to every individual, and no one shall be
same offense. 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
SECTION 10 ADMINISTRATION OF JUSTICE.
Article I Section 10

safety of the state. No public money or property shall be appropriated for,


Justice in all cases shall be administered openly, and without or applied to any religious worship, exercise or instruction, or the support of
unnecessary delay. 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
SECTION 11 RELIGIOUS FREEDOM. Absolute
Article I Section 11

be questioned in any court of justice touching his religious belief to affect the
freedom of conscience in all matters of religious sentiment, weight of his testimony.
belief and worship, shall be guaranteed to every individual,
and no one shall be molested or disturbed in person or prop- SECTION 12 SPECIAL PRIVILEGES AND
Article I Section 12

erty on account of religion; but the liberty of conscience IMMUNITIES PROHIBITED. No law shall be passed
(Rev. 12-10) [Page 5]
Article I Section 13 Constitution of the State of Washington

granting to any citizen, class of citizens, or corporation other SECTION 18 MILITARY POWER, LIMITATION
Article I Section 18

than municipal, privileges or immunities which upon the OF. The military shall be in strict subordination to the civil
same terms shall not equally belong to all citizens, or corpo- power.
rations.
SECTION 19 FREEDOM OF ELECTIONS. All
Article I Section 19

Article I Section 13
Elections shall be free and equal, and no power, civil or mili-
SECTION 13 HABEAS CORPUS. The privilege of tary, shall at any time interfere to prevent the free exercise of
the writ of habeas corpus shall not be suspended, unless in the right of suffrage.
case of rebellion or invasion the public safety requires it.
SECTION 20 BAIL, WHEN AUTHORIZED. All
Article I Section 20

persons charged with crime shall be bailable by sufficient


Article I Section 14

SECTION 14 EXCESSIVE BAIL, FINES AND


PUNISHMENTS. Excessive bail shall not be required, sureties, except for capital offenses when the proof is evident,
excessive fines imposed, nor cruel punishment inflicted. or the presumption great. Bail may be denied for offenses
punishable by the possibility of life in prison upon a showing
Article I Section 15
by clear and convincing evidence of a propensity for violence
SECTION 15 CONVICTIONS, EFFECT OF. No that creates a substantial likelihood of danger to the commu-
conviction shall work corruption of blood, nor forfeiture of nity or any persons, subject to such limitations as shall be
estate. determined by the legislature. [AMENDMENT 104, 2010
Engrossed Substitute House Joint Resolution No. 4220, p
Article I Section 16
3129. Approved November 2, 2010.]
SECTION 16 EMINENT DOMAIN. Private prop-
erty shall not be taken for private use, except for private ways Original text — Art. 1 Section 20 BAIL, WHEN AUTHORIZED
of necessity, and for drains, flumes, or ditches on or across — All persons charged with crime shall be bailable by sufficient sureties,
except for capital offenses when the proof is evident, or the presumption
the lands of others for agricultural, domestic, or sanitary pur- great.
poses. No private property shall be taken or damaged for
public or private use without just compensation having been
SECTION 21 TRIAL BY JURY. The right of trial by
Article I Section 21

first made, or paid into court for the owner, and no right-of-
jury shall remain inviolate, but the legislature may provide
way shall be appropriated to the use of any corporation other
for a jury of any number less than twelve in courts not of
than municipal until full compensation therefor be first made
record, and for a verdict by nine or more jurors in civil cases
in money, or ascertained and paid into court for the owner,
in any court of record, and for waiving of the jury in civil
irrespective of any benefit from any improvement proposed cases where the consent of the parties interested is given
by such corporation, which compensation shall be ascer- thereto.
tained by a jury, unless a jury be waived, as in other civil
cases in courts of record, in the manner prescribed by law.
SECTION 22 RIGHTS OF THE ACCUSED. In
Article I Section 22

Whenever an attempt is made to take private property for a


criminal prosecutions the accused shall have the right to
use alleged to be public, the question whether the contem-
appear and defend in person, or by counsel, to demand the
plated use be really public shall be a judicial question, and
nature and cause of the accusation against him, to have a copy
determined as such, without regard to any legislative asser-
thereof, to testify in his own behalf, to meet the witnesses
tion that the use is public: Provided, That the taking of pri-
against him face to face, to have compulsory process to com-
vate property by the state for land reclamation and settlement pel the attendance of witnesses in his own behalf, to have a
purposes is hereby declared to be for public use. [AMEND- speedy public trial by an impartial jury of the county in which
MENT 9, 1919 p 385 Section 1. Approved November, the offense is charged to have been committed and the right
1920.] to appeal in all cases: Provided, The route traversed by any
Original text — Art. 1 Section 16 EMINENT DOMAIN — Private
railway coach, train or public conveyance, and the water tra-
property shall not be taken for private use, except for private ways of neces- versed by any boat shall be criminal districts; and the juris-
sity, and for drains, flumes or ditches on or across the lands of others for diction of all public offenses committed on any such railway
agricultural, domestic or sanitary purposes. No private property shall be car, coach, train, boat or other public conveyance, or at any
taken or damaged for public or private use without just compensation having station or depot upon such route, shall be in any county
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
through which the said car, coach, train, boat or other public
compensation therefor be first made in money, or ascertained and paid into conveyance may pass during the trip or voyage, or in which
the court for the owner, irrespective of any benefit from any improvement the trip or voyage may begin or terminate. In no instance
proposed by such corporation, which compensation shall be ascertained by shall any accused person before final judgment be compelled
a jury, unless a jury be waived as in other civil cases in courts of record, in to advance money or fees to secure the rights herein guaran-
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 contem- teed. [AMENDMENT 10, 1921 p 79 Section 1. Approved
plated use be really public shall be a judicial question, and determined as November, 1922.]
such without regard to any legislative assertion that the use is public.
Original text — Art. 1 Section 22 RIGHTS OF ACCUSED PER-
SONS — 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
Article I Section 17

SECTION 17 IMPRISONMENT FOR DEBT.


accusation against him, to have a copy thereof, to testify in his own behalf,
There shall be no imprisonment for debt, except in cases of to meet the witnesses against him face to face, to have compulsory process to
absconding debtors. compel the attendance of witnesses in his own behalf, to have a speedy public
[Page 6] (Rev. 12-10)
Constitution of the State of Washington Article II Section 1

trial by an impartial jury of the county in which the offense is alleged to have whenever a petition demanding his recall, reciting that such
been committed, and the right to appeal in all cases; and, in no instance, officer has committed some act or acts of malfeasance or mis-
shall any accused person before final judgment be compelled to advance
money or fees to secure the rights herein guaranteed. feasance while in office, or who has violated his oath of
office, stating the matters complained of, signed by the per-
SECTION 23 BILL OF ATTAINDER, EX POST
Article I Section 23
centages of the qualified electors thereof, hereinafter pro-
FACTO LAW, ETC. No bill of attainder, ex post facto law, vided, the percentage required to be computed from the total
or law impairing the obligations of contracts shall ever be number of votes cast for all candidates for his said office to
passed. 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 24 RIGHT TO BEAR ARMS. The right
Article I Section 24

this state, and the same officer shall call a special election as
of the individual citizen to bear arms in defense of himself, or provided by the general election laws of this state, and the
the state, shall not be impaired, but nothing in this section result determined as therein provided. [AMENDMENT 8,
shall be construed as authorizing individuals or corporations 1911 p 504 Section 1. Approved November, 1912.]
to organize, maintain or employ an armed body of men.
SECTION 34 SAME. The legislature shall pass the
Article I Section 34

SECTION 25 PROSECUTION BY INFORMA-


Article I Section 25

TION. Offenses heretofore required to be prosecuted by necessary laws to carry out the provisions of section thirty-
indictment may be prosecuted by information, or by indict- three (33) of this article, and to facilitate its operation and
ment, as shall be prescribed by law. 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
SECTION 26 GRAND JURY. No grand jury shall be
Article I Section 26

any way limit the initiative and referendum powers reserved


drawn or summoned in any county, except the superior judge by the people. The percentages required shall be, state offic-
thereof shall so order. ers, other than judges, senators and representatives, city offic-
ers of cities of the first class, school district boards in cities of
SECTION 27 TREASON, DEFINED, ETC. Trea-
Article I Section 27

the first class; county officers of counties of the first, second


son against the state shall consist only in levying war against and third classes, twenty-five per cent. Officers of all other
the state, or adhering to its enemies, or in giving them aid and political subdivisions, cities, towns, townships, precincts and
comfort. No person shall be convicted of treason unless on school districts not herein mentioned, and state senators and
the testimony of two witnesses to the same overt act, or con- representatives, thirty-five per cent. [AMENDMENT 8,
fession in open court. 1911 p 504 Section 1. Approved November, 1912.]

SECTION 28 HEREDITARY PRIVILEGES


Article I Section 28

SECTION 35 VICTIMS OF CRIMES — RIGHTS.


Article I Section 35

ABOLISHED. No hereditary emoluments, privileges, or Effective law enforcement depends on cooperation from vic-
powers, shall be granted or conferred in this state. tims of crime. To ensure victims a meaningful role in the
criminal justice system and to accord them due dignity and
SECTION 29 CONSTITUTION MANDATORY.
Article I Section 29

respect, victims of crime are hereby granted the following


The provisions of this Constitution are mandatory, unless by basic and fundamental rights.
express words they are declared to be otherwise. Upon notifying the prosecuting attorney, a victim of a
crime charged as a felony shall have the right to be informed
SECTION 30 RIGHTS RESERVED. The enumera- of and, subject to the discretion of the individual presiding
Article I Section 30

tion in this Constitution of certain rights shall not be con- over the trial or court proceedings, attend trial and all other
strued to deny others retained by the people. court proceedings the defendant has the right to attend, and to
make a statement at sentencing and at any proceeding where
SECTION 31 STANDING ARMY. No standing
Article I Section 31

the defendant’s release is considered, subject to the same


army shall be kept up by this state in time of peace, and no rules of procedure which govern the defendant’s rights. In
soldier shall in time of peace be quartered in any house with- the event the victim is deceased, incompetent, a minor, or
out the consent of its owner, nor in time of war except in the otherwise unavailable, the prosecuting attorney may identify
manner prescribed by law. a representative to appear to exercise the victim’s rights.
This provision shall not constitute a basis for error in favor of
SECTION 32 FUNDAMENTAL PRINCIPLES. A
Article I Section 32
a defendant in a criminal proceeding nor a basis for providing
frequent recurrence to fundamental principles is essential to a victim or the victim’s representative with court appointed
the security of individual right and the perpetuity of free gov- counsel. [AMENDMENT 84, 1989 Senate Joint Resolution
ernment. No. 8200, p 2999. Approved November 7, 1989.]

SECTION 33 RECALL OF ELECTIVE OFFIC-


Article I Section 33
ARTICLE II
ERS. Every elective public officer of the state of Washing- LEGISLATIVE DEPARTMENT
ton expect [except] judges of courts of record is subject to
recall and discharge by the legal voters of the state, or of the SECTION 1 LEGISLATIVE POWERS, WHERE
Article II Section 1

political subdivision of the state, from which he was elected VESTED. The legislative authority of the state of Washing-
(Rev. 12-10) [Page 7]
Article II Section 1 Constitution of the State of Washington

ton shall be vested in the legislature, consisting of a senate the legislature as other bills are enacted: Provided, That the
and house of representatives, which shall be called the legis- legislature may not order a referendum on any initiative mea-
lature of the state of Washington, but the people reserve to sure enacted by the legislature under the foregoing subsection
themselves the power to propose bills, laws, and to enact or (a). The number of valid signatures of registered voters
reject the same at the polls, independent of the legislature, required on a petition for referendum of an act of the legisla-
and also reserve power, at their own option, to approve or ture or any part thereof, shall be equal to or exceeding four
reject at the polls any act, item, section, or part of any bill, act, percent of the votes cast for the office of governor at the last
or law passed by the legislature. gubernatorial election preceding the filing of the text of the
(a) Initiative: The first power reserved by the people is referendum measure with the secretary of state.
the initiative. Every such petition shall include the full text of (c) No act, law, or bill subject to referendum shall take
the measure so proposed. In the case of initiatives to the leg- effect until ninety days after the adjournment of the session at
islature and initiatives to the people, the number of valid sig- which it was enacted. No act, law, or bill approved by a
natures of legal voters required shall be equal to eight percent majority of the electors voting thereon shall be amended or
of the votes cast for the office of governor at the last guberna- repealed by the legislature within a period of two years fol-
torial election preceding the initial filing of the text of the ini- lowing such enactment: Provided, That any such act, law, or
tiative measure with the secretary of state. bill may be amended within two years after such enactment at
Initiative petitions shall be filed with the secretary of any regular or special session of the legislature by a vote of
state not less than four months before the election at which two-thirds of all the members elected to each house with full
they are to be voted upon, or not less than ten days before any compliance with section 12, Article III, of the Washington
regular session of the legislature. If filed at least four months Constitution, and no amendatory law adopted in accordance
before the election at which they are to be voted upon, he with this provision shall be subject to referendum. But such
shall submit the same to the vote of the people at the said enactment may be amended or repealed at any general regular
election. If such petitions are filed not less than ten days or special election by direct vote of the people thereon.
before any regular session of the legislature, he shall certify (d) The filing of a referendum petition against one or
the results within forty days of the filing. If certification is more items, sections, or parts of any act, law, or bill shall not
not complete by the date that the legislature convenes, he delay the remainder of the measure from becoming operative.
shall provisionally certify the measure pending final certifi- Referendum petitions against measures passed by the legisla-
cation of the measure. Such initiative measures, whether cer- ture shall be filed with the secretary of state not later than
tified or provisionally certified, shall take precedence over all ninety days after the final adjournment of the session of the
other measures in the legislature except appropriation bills legislature which passed the measure on which the referen-
and shall be either enacted or rejected without change or dum is demanded. The veto power of the governor shall not
amendment by the legislature before the end of such regular extend to measures initiated by or referred to the people. All
session. If any such initiative measures shall be enacted by elections on measures referred to the people of the state shall
the legislature it shall be subject to the referendum petition, be had at the next succeeding regular general election follow-
or it may be enacted and referred by the legislature to the peo- ing the filing of the measure with the secretary of state,
ple for approval or rejection at the next regular election. If it except when the legislature shall order a special election.
is rejected or if no action is taken upon it by the legislature Any measure initiated by the people or referred to the people
before the end of such regular session, the secretary of state as herein provided shall take effect and become the law if it is
shall submit it to the people for approval or rejection at the approved by a majority of the votes cast thereon: Provided,
next ensuing regular general election. The legislature may That the vote cast upon such question or measure shall equal
reject any measure so proposed by initiative petition and pro- one-third of the total votes cast at such election and not oth-
pose a different one dealing with the same subject, and in erwise. Such measure shall be in operation on and after the
such event both measures shall be submitted by the secretary thirtieth day after the election at which it is approved. The
of state to the people for approval or rejection at the next style of all bills proposed by initiative petition shall be: "Be
ensuing regular general election. When conflicting measures it enacted by the people of the State of Washington." This
are submitted to the people the ballots shall be so printed that section shall not be construed to deprive any member of the
a voter can express separately by making one cross (X) for legislature of the right to introduce any measure. All such
each, two preferences, first, as between either measure and petitions shall be filed with the secretary of state, who shall
neither, and secondly, as between one and the other. If the be guided by the general laws in submitting the same to the
majority of those voting on the first issue is for neither, both people until additional legislation shall especially provide
fail, but in that case the votes on the second issue shall never- therefor. This section is self-executing, but legislation may
theless be carefully counted and made public. If a majority be enacted especially to facilitate its operation.
voting on the first issue is for either, then the measure receiv- (e) The legislature shall provide methods of publicity of
ing a majority of the votes on the second issue shall be law. all laws or parts of laws, and amendments to the Constitution
(b) Referendum. The second power reserved by the peo- referred to the people with arguments for and against the laws
ple is the referendum, and it may be ordered on any act, bill, and amendments so referred. The secretary of state shall
law, or any part thereof passed by the legislature, except such send one copy of the publication to each individual place of
laws as may be necessary for the immediate preservation of residence in the state and shall make such additional distribu-
the public peace, health or safety, support of the state govern- tion as he shall determine necessary to reasonably assure that
ment and its existing public institutions, either by petition each voter will have an opportunity to study the measures
signed by the required percentage of the legal voters, or by prior to election. [AMENDMENT 72, 1981 Substitute Sen-
[Page 8] (Rev. 12-10)
Constitution of the State of Washington Article II Section 2

ate Joint Resolution No. 133, p 1796. Approved November 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
3, 1981.] votes cast at such election and not otherwise. Such measure shall be in oper-
Referendum procedures regarding salaries: Art. 28 Section 1. ation 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
Amendment 7 (1911) — Art. 2 Section 1 Legislative Powers, Where by the people of the State of Washington." This section shall not be con-
Vested — The legislative authority of the state of Washington shall be vested strued to deprive any member of the legislature of the right to introduce any
in the legislature, consisting of a senate and house of representatives, which measure. The whole number of electors who voted for governor at the regu-
shall be called the legislature of the state of Washington, but the people lar gubernatorial election last preceding the filing of any petition for the ini-
reserve to themselves the power to propose bills, laws, and to enact or reject tiative or for the referendum shall be the basis on which the number of legal
the same at the polls, independent of the legislature, and also reserve power, voters necessary to sign such petition shall be counted. [Note: Cf. Art. 2 Sec.
at their own option, to approve or reject at the polls any act, item, section or 1(a), AMENDMENT 30.] All such petitions shall be filed with the secretary
part of any bill, act or law passed by the legislature. 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
(a) Initiative: The first power reserved by the people is the initiative.
section is self-executing, but legislation may be enacted especially to facili-
Ten per centum, but in no case more than fifty thousand, of the legal voters
tate its operation.
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: Signa- The legislature shall provide methods of publicity of all laws or parts of
ture requirements were superseded by Art. 2 Sec. 1(a), AMENDMENT 30.] laws, and amendments to the Constitution referred to the people with argu-
Initiative petitions shall be filed with the secretary of state not less than four ments for and against the laws and amendments so referred, so that each
months before the election at which they are to be voted upon, or not less voter of the state shall receive the publication at least fifty days before the
than ten days before any regular session of the legislature. If filed at least election at which they are to be voted upon. [Note: This paragraph was
four months before the election at which they are to be voted upon, he shall expressly superseded by subsection (e) of this section, which was added by
submit the same to the vote of the people at the said election. If such peti- AMENDMENT 36.]
tions are filed not less than ten days before any regular session of the legis-
(e) The legislature shall provide methods of publicity of all laws or
lature, he shall transmit the same to the legislature as soon as it convenes
parts of laws, and amendments to the Constitution referred to the people with
and organizes. Such initiative measure shall take precedence over all other
arguments for and against the laws and amendments so referred. The secre-
measures in the legislature except appropriation bills and shall be either
tary of state shall send one copy of the publication to each individual place
enacted or rejected without change or amendment by the legislature before
of residence in the state and shall make such additional distribution as he
the end of such regular session. If any such initiative measures shall be
shall determine necessary to reasonably assure that each voter will have an
enacted by the legislature it shall be subject to the referendum petition, or it
opportunity to study the measures prior to election. These provisions super-
may be enacted and referred by the legislature to the people for approval or
sede the provisions set forth in the last paragraph of section 1 of this article
rejection at the next regular election. If it is rejected or if no action is taken
as amended by the seventh amendment to the Constitution of this state.
upon it by the legislature before the end of such regular session, the secre-
[AMENDMENT 7, 1911 House Bill No. 153 p 136. Approved November,
tary of state shall submit it to the people for approval or rejection at the next
1912; Subsection (e) added by AMENDMENT 36, 1961 Senate Joint Reso-
ensuing regular general election. The legislature may reject any measure so
lution No. 9, p 2751. Approved November, 1962.]
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 sec-
retary of state to the people for approval or rejection at the next ensuing reg- Original text — Art. 2 Section 1 LEGISLATIVE POWERS,
ular general election. When conflicting measures are submitted to the peo- WHERE VESTED — The legislative powers shall be vested in a senate
ple the ballots shall be so printed that a voter can express separately by mak- and house of representatives, which shall be called the legislature of the
ing one cross (X) for each, two preferences, first, as between either measure State of Washington.
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 Note: Art. 2 Sec. 31 was also stricken by AMENDMENT 7.
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 Article II Section 1(a)

receiving a majority of the votes on the second issue shall be law. SECTION 1(a) INITIATIVE AND REFEREN-
(b) Referendum. The second power reserved by the people is the refer- DUM, SIGNATURES REQUIRED. [Stricken by
endum, and it may be ordered on any act, bill, law, or any part thereof AMENDMENT 72, 1981 Substitute Senate Joint Resolution
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
No. 133, p 1796. Approved November 3, 1981.]
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 Amendment 30 (1956) — Art. 2 Section 1(a) INITIATIVE AND
bills are enacted. Six per centum, but in no case more than thirty thousand, REFERENDUM, SIGNATURES REQUIRED — Hereafter, the number
of the legal voters shall be required to sign and make a valid referendum peti- of valid signatures of legal voters required upon a petition for an initiative
tion. [Note: Signature requirements were superseded by Art. 2 Sec. 1(a), measure shall be equal to eight per centum of the number of voters registered
AMENDMENT 30.] and voting for the office of governor at the last preceding regular guberna-
torial election. Hereafter, the number of valid signatures of legal voters
(c) No act, law, or bill subject to referendum shall take effect until
required upon a petition for a referendum of an act of the legislature or any
ninety days after the adjournment of the session at which it was enacted. No part thereof, shall be equal to four per centum of the number of voters regis-
act, law, or bill approved by a majority of the electors voting thereon shall be tered and voting for the office of governor at the last preceding regular
amended or repealed by the legislature within a period of two years follow- gubernatorial election. These provisions supersede the requirements speci-
ing such enactment. But such enactment may be amended or repealed at any fied in section 1 of this article as amended by the seventh amendment to the
general regular or special election by direct vote of the people thereon. Constitution of this state. [AMENDMENT 30, 1955 Senate Joint Resolution
[Note: Subsection (c) was expressly superseded by Art. 2 Sec. 41, AMEND- No. 4, p 1860. Approved November 6, 1956.]
MENT 26.]
(d) The filing of a referendum petition against one or more items, sec- Article II Section 2

tions or parts of any act, law or bill shall not delay the remainder of the mea- SECTION 2 HOUSE OF REPRESENTATIVES
sure from becoming operative. Referendum petitions against measures
passed by the legislature shall be filed with the secretary of state not later
AND SENATE. The house of representatives shall be com-
than ninety days after the final adjournment of the session of the legislature posed of not less than sixty-three nor more than ninety-nine
which passed the measure on which the referendum is demanded. The veto members. The number of senators shall not be more than
power of the governor shall not extend to measures initiated by or referred one-half nor less than one-third of the number of members of
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
the house of representatives. The first legislature shall be
shall order a special election. Any measure initiated by the people or composed of seventy members of the house of representa-
referred to the people as herein provided shall take effect and become the tives, and thirty-five senators.
(Rev. 12-10) [Page 9]
Article II Section 3 Constitution of the State of Washington

SECTION 9 RULES OF PROCEDURE. Each


Article II Section 3 Article II Section 9

SECTION 3 THE CENSUS. [Repealed by AMEND-


MENT 74, 1983 Substitute Senate Joint Resolution No. 103, house may determine the rules of its own proceedings, punish
p 2202. Approved November 8, 1983.] for contempt and disorderly behavior, and, with the concur-
rence of two-thirds of all the members elected, expel a mem-
Original text — Art. 2 Section 3 THE CENSUS — The legislature ber, but no member shall be expelled a second time for the
shall provide by law for an enumeration of the inhabitants of the state in the same offense.
year one thousand eight hundred and ninety-five and every ten years there-
after; and at the first session after such enumeration, and also after each
SECTION 10 ELECTION OF OFFICERS. Each
Article II Section 10

enumeration made by the authority of the United States, the legislature shall
apportion and district anew the members of the senate and house of repre- house shall elect its own officers; and when the lieutenant
sentatives, according to the number of inhabitants, excluding Indians not
taxed, soldiers, sailors and officers of the United States army and navy in
governor shall not attend as president, or shall act as gover-
active service. nor, the senate shall choose a temporary president. When
presiding, the lieutenant governor shall have the deciding
Article II Section 4 vote in case of an equal division of the senate.
SECTION 4 ELECTION OF REPRESENTA-
TIVES AND TERM OF OFFICE. Members of the house
SECTION 11 JOURNAL, PUBLICITY OF MEET-
Article II Section 11

of representatives shall be elected in the year eighteen hun-


INGS - ADJOURNMENTS. Each house shall keep a jour-
dred and eighty-nine at the time and in the manner provided
nal of its proceedings and publish the same, except such parts
by this Constitution, and shall hold their offices for the term
as require secrecy. The doors of each house shall be kept
of one year and until their successors shall be elected.
open, except when the public welfare shall require secrecy.
Article II Section 5
Neither house shall adjourn for more than three days, nor to
SECTION 5 ELECTIONS, WHEN TO BE HELD. any place other than that in which they may be sitting, with-
The next election of the members of the house of representa- out the consent of the other.
tives after the adoption of this Constitution shall be on the
first Tuesday after the first Monday of November, eighteen SECTION 12 SESSIONS, WHEN — DURATION.
Article II Section 12

hundred and ninety, and thereafter, members of the house of (1) Regular Sessions. A regular session of the legislature
representatives shall be elected biennially and their term of shall be convened each year. Regular sessions shall convene
office shall be two years; and each election shall be on the on such day and at such time as the legislature shall deter-
first Tuesday after the first Monday in November, unless oth- mine by statute. During each odd-numbered year, the regular
erwise changed by law. session shall not be more than one hundred five consecutive
days. During each even-numbered year, the regular session
Article II Section 6

SECTION 6 ELECTION AND TERM OF OFFICE shall not be more than sixty consecutive days.
OF SENATORS. After the first election the senators shall (2) Special Legislative Sessions. Special legislative ses-
be elected by single districts of convenient and contiguous sions may be convened for a period of not more than thirty
territory, at the same time and in the same manner as mem- consecutive days by proclamation of the governor pursuant to
bers of the house of representatives are required to be elected; Article III, section 7 of this Constitution. Special legislative
and no representative district shall be divided in the forma- sessions may also be convened for a period of not more than
tion of a senatorial district. They shall be elected for the term thirty consecutive days by resolution of the legislature upon
of four years, one-half of their number retiring every two the affirmative vote in each house of two-thirds of the mem-
years. The senatorial districts shall be numbered consecu- bers elected or appointed thereto, which vote may be taken
tively, and the senators chosen at the first election had by vir- and resolution executed either while the legislature is in ses-
tue of this Constitution, in odd numbered districts, shall go sion or during any interim between sessions in accordance
out of office at the end of the first year; and the senators, with such procedures as the legislature may provide by law or
elected in the even numbered districts, shall go out of office resolution. The resolution convening the legislature shall
at the end of the third year. specify a purpose or purposes for the convening of a special
session, and any special session convened by the resolution
Article II Section 7 shall consider only measures germane to the purpose or pur-
SECTION 7 QUALIFICATIONS OF LEGISLA- poses expressed in the resolution, unless by resolution
TORS. No person shall be eligible to the legislature who adopted during the session upon the affirmative vote in each
shall not be a citizen of the United States and a qualified voter house of two-thirds of the members elected or appointed
in the district for which he is chosen. thereto, an additional purpose or purposes are expressed. The
specification of purpose by the governor pursuant to Article
Article II Section 8

SECTION 8 JUDGES OF THEIR OWN ELEC- III, section 7 of this Constitution shall be considered by the
TION AND QUALIFICATION - QUORUM. Each house legislature but shall not be mandatory.
shall be the judge of the election, returns and qualifications of (3) Committees of the Legislature. Standing and special
its own members, and a majority of each house shall consti- committees of the legislature shall meet and conduct official
tute a quorum to do business; but a smaller number may business pursuant to such rules as the legislature may adopt.
adjourn from day to day and may compel the attendance of [AMENDMENT 68, 1979 Substitute Senate Joint Resolu-
absent members, in such manner and under such penalties as tion No. 110, p 2286. Approved November 6, 1979.]
each house may provide. Extraordinary sessions to reconsider vetoes: Art. 3 Section 12.
Governmental continuity during emergency periods: Art. 2 Section 42. Sessions to convene on the second Monday in January: RCW 44.04.010.
[Page 10] (Rev. 12-10)
Constitution of the State of Washington Article II Section 15

Original text — Art. 2 Section 12 SESSIONS, WHEN — DURA- vided, That in case of a vacancy occurring after the general
TION — The first legislature shall meet on the first Wednesday after the election in a year that the office appears on the ballot and
first Monday in November, A. D., 1889. The second legislature shall meet on before the start of the next term, the term of the successor
the first Wednesday after the first Monday in January, A. D., 1891, and ses-
sions of the legislature shall be held biennially thereafter, unless specially who is of the same party as the incumbent may commence
convened by the governor, but the times of meeting of subsequent sessions once he or she has qualified and shall continue through the
may be changed by the legislature. After the first legislature the sessions term for which he or she was elected: Provided, That in case
shall not be more than sixty days. of a vacancy occurring in the office of joint senator, or joint
representative, the vacancy shall be filled from a list of three
SECTION 13 LIMITATION ON MEMBERS
Article II Section 13

nominees selected by the state central committee, by appoint-


HOLDING OFFICE IN THE STATE. No member of the ment by the joint action of the boards of county legislative
legislature, during the term for which he is elected, shall be authorities of the counties composing the joint senatorial or
appointed or elected to any civil office in the state, which joint representative district, the person appointed to fill the
shall have been created during the term for which he was vacancy must be from the same legislative district and of the
elected. Any member of the legislature who is appointed or same political party as the legislator whose office has been
elected to any civil office in the state, the emoluments of vacated, and in case a majority of the members of the county
which have been increased during his legislative term of legislative authority do not agree upon the appointment
office, shall be compensated for the initial term of the civil within sixty days after the vacancy occurs, the governor shall
office at the level designated prior to the increase in emolu- within thirty days thereafter, and from the list of nominees
ments. [AMENDMENT 69, 1979 Senate Joint Resolution provided for herein, appoint a person who shall be from the
No. 112, p 2287. Approved November 6, 1979.] same legislative district and of the same political party as the
legislator whose office has been vacated. [AMENDMENT
Original text — Art 2 Section 13 LIMITATION ON MEMBERS
HOLDING OFFICE IN THE STATE — No member of the legislature, 96, 2003 House Joint Resolution No. 4206, p 2819.
during the term for which he is elected, shall be appointed or elected to any Approved November 4, 2003.]
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. 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
Article II Section 14

Amendment 52, part (1967) — Art. 2 Section 15 VACANCIES IN


OFFICE. No person, being a member of congress, or hold- LEGISLATURE AND IN PARTISAN COUNTY ELECTIVE OFFICE
ing any civil or military office under the United States or any — Such vacancies as may occur in either house of the legislature or in any
other power, shall be eligible to be a member of the legisla- partisan county elective office shall be filled by appointment by the board of
ture; and if any person after his election as a member of the county commissioners of the county in which the vacancy occurs: Provided,
legislature, shall be elected to congress or be appointed to any That the person appointed to fill the vacancy must be from the same legisla-
tive district, county or county commissioner district and the same political
other office, civil or military, under the government of the party as the legislator or partisan county elective officer whose office has
United States, or any other power, his acceptance thereof been vacated, and shall be one of three persons who shall be nominated by
shall vacate his seat, provided, that officers in the militia of the county central committee of that party, and in case a majority of said
the state who receive no annual salary, local officers and county commissioners do not agree upon the appointment within sixty days
after the vacancy occurs, the governor shall within thirty days thereafter,
postmasters, whose compensation does not exceed three hun- and from the list of nominees provided for herein, appoint a person who shall
dred dollars per annum, shall not be ineligible. 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
SECTION 15 VACANCIES IN LEGISLATURE
Article II Section 15

office until his successor is elected at the next general election, and shall
AND IN PARTISAN COUNTY ELECTIVE OFFICE. have qualified: Provided, That in case of a vacancy occurring in the office
Such vacancies as may occur in either house of the legislature 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
or in any partisan county elective office shall be filled by the joint action of the boards of county commissioners of the counties com-
appointment by the county legislative authority of the county posing the joint senatorial or joint representative district, the person
in which the vacancy occurs: Provided, That the person appointed to fill the vacancy must be from the same legislative district and of
appointed to fill the vacancy must be from the same legisla- 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
tive district, county, or county commissioner or council dis- appointment within sixty days after the vacancy occurs, the governor shall
trict and the same political party as the legislator or partisan within thirty days thereafter, and from the list of nominees provided for
county elective officer whose office has been vacated, and herein, appoint a person who shall be from the same legislative district and
shall be one of three persons who shall be nominated by the of the same political party as the legislator whose office has been vacated.
[AMENDMENT 52, part, 1967 Senate Joint Resolution No. 24, part; see
county central committee of that party, and in case a majority 1969 p 2976. Approved November 5, 1968.]
of the members of the county legislative authority do not
agree upon the appointment within sixty days after the Amendment 32 (1956) — Art. 2 Section 15 VACANCIES IN LEG-
vacancy occurs, the governor shall within thirty days thereaf- ISLATURE AND IN PARTISAN COUNTY ELECTIVE OFFICE —
ter, and from the list of nominees provided for herein, appoint Such vacancies as may occur in either house of the legislature or in any par-
tisan county elective office shall be filled by appointment by the board of
a person who shall be from the same legislative district, county commissioners of the county in which the vacancy occurs: Provided,
county, or county commissioner or council district and of the That the person appointed to fill the vacancy must be from the same legisla-
same political party as the legislator or partisan county elec- tive 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
tive officer whose office has been vacated, and the person so the county central committee of that party, and the person so appointed shall
appointed shall hold office until his or her successor is hold office until his successor is elected at the next general election, and
elected at the next general election, and has qualified: Pro- shall have qualified: Provided, That in case of a vacancy occurring in the
(Rev. 12-10) [Page 11]
Article II Section 16 Constitution of the State of Washington

office of joint senator, or joint representative, the vacancy shall be filled SECTION 23 COMPENSATION OF MEMBERS.
Article II Section 23

from a list of three nominees selected by the state central committee, by Each member of the legislature shall receive for his services
appointment by the joint action of the boards of county commissioners of the
counties composing the joint senatorial or joint representative district, the
five dollars for each day’s attendance during the session, and
person appointed to fill the vacancy must be from the same legislative dis- ten cents for every mile he shall travel in going to and return-
trict and of the same political party as the legislator whose office has been ing from the place of meeting of the legislature, on the most
vacated, and in case a majority of said county commissioners do not agree usual route.
upon the appointment within sixty days after the vacancy occurs, the gover-
nor shall within thirty days thereafter, and from the list of nominees provided Compensation of legislators, elected state officials, and judges: Art. 28 Sec-
for herein, appoint a person who shall be from the same legislative district tion 1, Art. 30.
and of the same political party as the legislator whose office has been
vacated. [AMENDMENT 32, 1955 Senate Joint Resolution No. 14, p 1862.
SECTION 24 LOTTERIES AND DIVORCE. The
Article II Section 24

Approved November 6, 1956.]


legislature shall never grant any divorce. Lotteries shall be
Amendment 13 (1930) — Art. 2 Section 15 VACANCIES IN LEG- prohibited except as specifically authorized upon the affirma-
ISLATURE — Such vacancies as may occur in either house of the legisla-
ture shall be filled by appointment by the board of county commissioners of
tive vote of sixty percent of the members of each house of the
the county in which the vacancy occurs, and the person so appointed shall legislature or, notwithstanding any other provision of this
hold office until his successor is elected at the next general election, and Constitution, by referendum or initiative approved by a sixty
shall have qualified: Provided, That in case of a vacancy occurring in the percent affirmative vote of the electors voting thereon.
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
[AMENDMENT 56, 1971 Senate Joint Resolution No. 5, p
joint senatorial district. [AMENDMENT 13, 1929 p 690. Approved 1828. Approved November 7, 1972.]
November, 1930.]
Original text — Art. 2 Section 24 LOTTERIES AND DIVORCE
Original text — Art. 2 Section 15 WRITS OF ELECTION TO — The legislature shall never authorize any lottery or grant any divorce.
FILL VACANCIES — The governor shall issue writs of election to fill
such vacancies as may occur in either house of the legislature. SECTION 25 EXTRA COMPENSATION PRO-
Article II Section 25

HIBITED. The legislature shall never grant any extra com-


SECTION 16 PRIVILEGES FROM ARREST.
Article II Section 16

pensation to any public officer, agent, employee, servant, or


Members of the legislature shall be privileged from arrest in contractor, after the services shall have been rendered, or the
all cases except treason, felony and breach of the peace; they contract entered into, nor shall the compensation of any pub-
shall not be subject to any civil process during the session of lic officer be increased or diminished during his term of
the legislature, nor for fifteen days next before the com- office. Nothing in this section shall be deemed to prevent
mencement of each session. increases in pensions after such pensions shall have been
granted. [AMENDMENT 35, 1957 Senate Joint Resolution
SECTION 17 FREEDOM OF DEBATE. No mem- No. 18, p 1301. Approved November 4, 1958.]
Article II Section 17

ber of the legislature shall be liable in any civil action or Compensation of legislators, elected state officials, and judges: Art. 28 Sec-
criminal prosecution whatever, for words spoken in debate. tion 1.
Increase during term of certain officers, authorized: Art. 30 Section 1.
SECTION 18 STYLE OF LAWS. The style of the
Article II Section 18

laws of the state shall be: "Be it enacted by the Legislature of Increase or diminution of compensation during term of office prohibited.
the State of Washington." And no laws shall be enacted county, city, town or municipal officers: Art. 11 Section 8.
except by bill. judicial officers: Art. 4 Section 13.
state officers: Art. 3 Section 25.
SECTION 19 BILL TO CONTAIN ONE SUB-
Article II Section 19

Original text — Art. 2 Section 25 EXTRA COMPENSATION,


JECT. No bill shall embrace more than one subject, and that PROHIBITED — The legislature shall never grant any extra compensation
shall be expressed in the title. 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 20 ORIGIN AND AMENDMENT OF
Article II Section 20

BILLS. Any bill may originate in either house of the legis- SECTION 26 SUITS AGAINST THE STATE. The
Article II Section 26

lature, and a bill passed by one house may be amended in the legislature shall direct by law, in what manner, and in what
other. courts, suits may be brought against the state.

SECTION 21 YEAS AND NAYS. The yeas and nays


Article II Section 21

SECTION 27 ELECTIONS — VIVA VOCE VOTE.


Article II Section 27

of the members of either house shall be entered on the jour- In all elections by the legislature the members shall vote viva
nal, on the demand of one-sixth of the members present. voce, and their votes shall be entered on the journal.

SECTION 22 PASSAGE OF BILLS. No bill shall


Article II Section 22

SECTION 28 SPECIAL LEGISLATION. The leg-


Article II Section 28

become a law unless on its final passage the vote be taken by islature is prohibited from enacting any private or special
yeas and nays, the names of the members voting for and laws in the following cases:
against the same be entered on the journal of each house, and 1. For changing the names of persons, or constituting one
a majority of the members elected to each house be recorded person the heir at law of another.
thereon as voting in its favor. 2. For laying out, opening or altering highways, except in
Governmental continuity during emergency periods: Art. 2 Section 42. cases of state roads extending into more than one county, and
[Page 12] (Rev. 12-10)
Constitution of the State of Washington Article II Section 33

military roads to aid in the construction of which lands shall offense of bribery or corrupt solicitation, or practice of solic-
have been or may be granted by congress. itation, and shall not be permitted to withhold his testimony
3. For authorizing persons to keep ferries wholly within on the ground that it may criminate himself or subject him to
this state. public infamy, but such testimony shall not afterwards be
4. For authorizing the sale or mortgage of real or per- used against him in any judicial proceeding - except for per-
sonal property of minors, or others under disability. jury in giving such testimony - and any person convicted of
5. For assessment or collection of taxes, or for extending either of the offenses aforesaid, shall as part of the punish-
the time for collection thereof. ment therefor, be disqualified from ever holding any position
6. For granting corporate powers or privileges. of honor, trust or profit in this state. A member who has a pri-
7. For authorizing the apportionment of any part of the vate interest in any bill or measure proposed or pending
school fund. before the legislature, shall disclose the fact to the house of
8. For incorporating any town or village or to amend the which he is a member, and shall not vote thereon.
charter thereof.
9. From giving effect to invalid deeds, wills or other SECTION 31 LAWS, WHEN TO TAKE EFFECT.
Article II Section 31

instruments. [This section stricken by AMENDMENT 7, 1911 House Bill


10. Releasing or extinguishing in whole or in part, the No. 153, p 136. Approved November, 1912.]
indebtedness, liability or other obligation, of any person, or
corporation to this state, or to any municipal corporation Original text — Art. 2 Section 31 LAWS, WHEN TO TAKE
therein. 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
11. Declaring any person of age or authorizing any minor case of an emergency (which emergency must be expressed in the preamble
to sell, lease, or encumber his or her property. or in the body of the act) the legislature shall otherwise direct by a vote of
12. Legalizing, except as against the state, the unautho- two-thirds of all the members elected to each house; said vote to be taken by
rized or invalid act of any officer. yeas and nays and entered on the journals.
13. Regulating the rates of interest on money. Effective dates of laws: Art. 2 Sections 1 and 41.
14. Remitting fines, penalties or forfeitures.
15. Providing for the management of common schools.
SECTION 32 LAWS, HOW SIGNED. No bill shall
Article II Section 32

16. Authorizing the adoption of children.


become a law until the same shall have been signed by the
17. For limitation of civil or criminal actions.
presiding officer of each of the two houses in open session,
18. Changing county lines, locating or changing county
and under such rules as the legislature shall prescribe.
seats, provided, this shall not be construed to apply to the cre-
ation of new counties.
SECTION 33 ALIEN OWNERSHIP. [Repealed by
Article II Section 33

Corporations for municipal purposes shall not be created by special laws:


Art. 11 Section 10.
AMENDMENT 42, 1965 ex.s. Senate Joint Resolution No.
20, p 2816. Approved November 8, 1966.]
SECTION 29 CONVICT LABOR. The labor of
Article II Section 29

Amendment 29 (1954) — Art. 2 Section 33 ALIEN OWNERSHIP


inmates of this state shall not be let out by contract to any per- — The ownership of lands by aliens, other than those who in good faith have
son, copartnership, company, or corporation, except as pro- declared their intention to become citizens of the United States, is prohibited
vided by statute, and the legislature shall by law provide for 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
the working of inmates for the benefit of the state, including conveyances of lands hereafter made to any alien directly, or in trust for
the working of inmates in state-run inmate labor programs. such alien, shall be void: Provided, That the provisions of this section shall
Inmate labor programs provided by statute that are operated not apply to lands containing valuable deposits of minerals, metals, iron,
and managed, in total or in part, by any profit or nonprofit 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:
entities shall be operated so that the programs do not unfairly And provided further, That the provisions of this section shall not apply to
compete with Washington businesses as determined by law. the citizens of such of the Provinces of the Dominion of Canada as do not
[AMENDMENT 100, 2007 Senate Joint Resolution No. expressly or by implication prohibit ownership of provincial lands by citi-
8212, p 3143. Approved November 6, 2007.] zens 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 Amendment 24 (1950) — Art. 2 Section 33 ALIEN OWNERSHIP
state shall not be let out by contract to any person, copartnership, company — The ownership of lands by aliens, other than those who in good faith have
or corporation, and the legislature shall by law provide for the working of declared their intention to become citizens of the United States, is prohibited
convicts for the benefit of the state. 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
SECTION 30 BRIBERY OR CORRUPT SOLICI-
Article II Section 30

such alien, shall be void: Provided, That the provisions of this section shall
TATION. The offense of corrupt solicitation of members of 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
the legislature, or of public officers of the state or any munic- in the development thereof and the manufacture of the products therefrom:
ipal division thereof, and any occupation or practice of solic- And provided further, That the provisions of this section shall not apply to
itation of such members or officers to influence their official the citizens of such of the Provinces of the Dominion of Canada as do not
action, shall be defined by law, and shall be punished by fine expressly or by implication prohibit ownership of provincial lands by citi-
zens of this state. Every corporation, the majority of the capital stock of
and imprisonment. Any person may be compelled to testify which is owned by aliens, shall be considered an alien for the purposes of
in any lawful investigation or judicial proceeding against any this prohibition. [AMENDMENT 24, 1949 Senate Joint Resolution No. 9, p
person who may be charged with having committed the 999. Approved November, 1950.]
(Rev. 12-10) [Page 13]
Article II Section 34 Constitution of the State of Washington

Original text — Art. 2 Section 33 OWNERSHIP OF LANDS BY (a) The necessary operating, engineering and legal
ALIENS, PROHIBITED — Exceptions — The ownership of lands by expenses connected with the administration of public high-
aliens, other than those who in good faith have declared their intention to ways, county roads and city streets;
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 (b) The construction, reconstruction, maintenance,
course of justice in the collection of debts; and all conveyances of lands repair, and betterment of public highways, county roads,
hereafter made to any alien directly or in trust for such alien shall be void: bridges and city streets; including the cost and expense of (1)
Provided, That the provisions of this section shall not apply to lands contain-
ing valuable deposits of minerals, metals, iron, coal, or fire-clay, and the
acquisition of rights-of-way, (2) installing, maintaining and
necessary land for mills and machinery to be used in the development thereof operating traffic signs and signal lights, (3) policing by the
and the manufacture of the products therefrom. Every corporation, the state of public highways, (4) operation of movable span
majority of the capital stock of which is owned by aliens, shall be considered bridges, (5) operation of ferries which are a part of any public
on alien for the purposes of this prohibition.
highway, county road, or city street;
(c) The payment or refunding of any obligation of the
SECTION 34 BUREAU OF STATISTICS, AGRI-
Article II Section 34

State of Washington, or any political subdivision thereof, for


CULTURE AND IMMIGRATION. There shall be estab- which any of the revenues described in section 1 may have
lished in the office of the secretary of state, a bureau of statis- been legally pledged prior to the effective date of this act;
tics, agriculture and immigration, under such regulations as (d) Refunds authorized by law for taxes paid on motor
the legislature may provide. vehicle fuels;
(e) The cost of collection of any revenues described in
SECTION 35 PROTECTION OF EMPLOYEES. this section:
Article II Section 35

The legislature shall pass necessary laws for the protection of Provided, That this section shall not be construed to
persons working in mines, factories and other employments include revenue from general or special taxes or excises not
dangerous to life or deleterious to health; and fix pains and levied primarily for highway purposes, or apply to vehicle
penalties for the enforcement of the same. operator’s license fees or any excise tax imposed on motor
vehicles or the use thereof in lieu of a property tax thereon, or
SECTION 36 WHEN BILLS MUST BE INTRO-
Article II Section 36
fees for certificates of ownership of motor vehicles.
DUCED. No bill shall be considered in either house unless [AMENDMENT 18, 1943 House Joint Resolution No. 4, p
the time of its introduction shall have been at least ten days 938. Approved November, 1944.]
before the final adjournment of the legislature, unless the leg-
islature shall otherwise direct by a vote of two-thirds of all SECTION 41 LAWS, EFFECTIVE DATE, INITIA-
Article II Section 41

the members elected to each house, said vote to be taken by TIVE, REFERENDUM —AMENDMENT OR REPEAL.
yeas and nays and entered upon the journal, or unless the No act, law, or bill subject to referendum shall take effect
same be at a special session. until ninety days after the adjournment of the session at
which it was enacted. No act, law or bill approved by a
SECTION 37 REVISION OR AMENDMENT. No
Article II Section 37
majority of the electors voting thereon shall be amended or
act shall ever be revised or amended by mere reference to its repealed by the legislature within a period of two years fol-
title, but the act revised or the section amended shall be set lowing such enactment: Provided, That any such act, law or
forth at full length. 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
SECTION 38 LIMITATION ON AMENDMENTS.
Article II Section 38

compliance with section 12, Article III, of the Washington


No amendment to any bill shall be allowed which shall Constitution, and no amendatory law adopted in accordance
change the scope and object of the bill. with this provision shall be subject to referendum. But such
enactment may be amended or repealed at any general regular
SECTION 39 FREE TRANSPORTATION TO
Article II Section 39

or special election by direct vote of the people thereon. These


PUBLIC OFFICER PROHIBITED. It shall not be lawful provisions supersede the provisions of subsection (c) of sec-
for any person holding public office in this state to accept or tion 1 of this article as amended by the seventh amendment to
use a pass or to purchase transportation from any railroad or the Constitution of this state. [AMENDMENT 26, 1951
other corporation, other than as the same may be purchased Substitute Senate Joint Resolution No. 7, p 959. Approved
by the general public, and the legislature shall pass laws to November 4, 1952.]
enforce this provision. Reviser’s note: (1) In third sentence, comma between "general" and
"regular" omitted in conformity with enrolled resolution.
SECTION 40 HIGHWAY FUNDS. All fees col-
Article II Section 40

(2) Subsection (c) of section 1 of this article was amended by Amend-


lected by the State of Washington as license fees for motor ment 72, approved November 3, 1981.
vehicles and all excise taxes collected by the State of Wash-
ington on the sale, distribution or use of motor vehicle fuel SECTION 42 GOVERNMENTAL CONTINUITY
Article II Section 42

and all other state revenue intended to be used for highway DURING EMERGENCY PERIODS. The legislature, in
purposes, shall be paid into the state treasury and placed in a order to insure continuity of state and local governmental
special fund to be used exclusively for highway purposes. operations in periods of emergency resulting from enemy
Such highway purposes shall be construed to include the fol- attack, shall have the power and the duty, immediately upon
lowing: and after adoption of this amendment, to enact legislation
[Page 14] (Rev. 12-10)
Constitution of the State of Washington Article II Section 43

providing for prompt and temporary succession to the powers cations for commissioners and additional standards to govern
and duties of public offices of whatever nature and whether the commission. The legislature shall appropriate funds to
filled by election or appointment, the incumbents and legal enable the commission to carry out its duties.
successors of which may become unavailable for carrying on (5) Each district shall contain a population, excluding
the powers and duties of such offices; the legislature shall nonresident military personnel, as nearly equal as practicable
likewise enact such other measures as may be necessary and to the population of any other district. To the extent reason-
proper for insuring the continuity of governmental operations
able, each district shall contain contiguous territory, shall be
during such emergencies. Legislation enacted under the
compact and convenient, and shall be separated from adjoin-
powers conferred by this amendment shall in all respects con-
form to the remainder of the Constitution: Provided, That if, ing districts by natural geographic barriers, artificial barriers,
in the judgment of the legislature at the time of disaster, con- or political subdivision boundaries. The commission’s plan
formance to the provisions of the Constitution would be shall not provide for a number of legislative districts different
impracticable or would admit of undue delay, such legislation than that established by the legislature. The commission’s
may depart during the period of emergency caused by enemy plan shall not be drawn purposely to favor or discriminate
attack only, from the following sections of the Constitution: against any political party or group.
Article 14, Sections 1 and 2, Seat of Government; (6) The commission shall complete redistricting as soon
Article 2, Sections 8, 15 (Amendments 13 and 32), and as possible following the federal decennial census, but no
22, Membership, Quorum of Legislature and Passage of later than January 1st of each year ending in two. At least
Bills; three of the voting members shall approve such a redistricting
Article 3, Section 10 (Amendment 6), Succession to plan. If three of the voting members of the commission fail
Governorship: Provided, That the legislature shall not depart to approve a plan within the time limitations provided in this
from Section 10, Article III, as amended by Amendment 6, of subsection, the supreme court shall adopt a plan by April 30th
the state Constitution relating to the Governor’s office so of the year ending in two in conformance with the standards
long as any successor therein named is available and capable set forth in subsection (5) of this section.
of assuming the powers and duties of such office as therein
(7) The legislature may amend the redistricting plan but
prescribed;
must do so by a two-thirds vote of the legislators elected or
Article 3, Section 13, Vacancies in State Offices;
appointed to each house of the legislature. Any amendment
Article 11, Section 6, Vacancies in County Offices;
must have passed both houses by the end of the thirtieth day
Article 11, Section 2, Seat of County Government;
of the first session convened after the commission has sub-
Article 3, Section 24, State Records. [AMENDMENT
mitted its plan to the legislature. After that day, the plan, with
39, 1961 House Joint Resolution No. 9, p 2758. Approved
any legislative amendments, constitutes the state districting
November, 1962.]
law.
Continuity of government act: Chapter 42.14 RCW.
(8) The legislature shall enact laws providing for the
reconvening of a commission for the purpose of modifying a
SECTION 43 REDISTRICTING. (1) In January of
Article II Section 43

districting law adopted under this section. Such reconvening


each year ending in one, a commission shall be established to requires a two-thirds vote of the legislators elected or
provide for the redistricting of state legislative and congres- appointed to each house of the legislature. The commission
sional districts. shall conform to the standards prescribed under subsection
(2) The commission shall be composed of five members (5) of this section and any other standards or procedures that
to be selected as follows: The legislative leader of the two the legislature may provide by law. At least three of the vot-
largest political parties in each house of the legislature shall
ing members shall approve such a modification. Any modi-
appoint one voting member to the commission by January
fication adopted by the commission may be amended by a
15th of each year ending in one. By January 31st of each year
ending in one, the four appointed members, by an affirmative two-thirds vote of the legislators elected and appointed to
vote of at least three, shall appoint the remaining member. each house of the legislature. The state districting law shall
The fifth member of the commission, who shall be nonvot- include the modifications with amendments, if any.
ing, shall act as its chairperson. If any appointing authority (9) The legislature shall prescribe by law the terms of
fails to make the required appointment by the date estab- commission members and the method of filling vacancies on
lished by this subsection, within five days after that date the the commission.
supreme court shall make the required appointment. (10) The supreme court has original jurisdiction to hear
(3) No elected official and no person elected to legisla- and decide all cases involving congressional and legislative
tive district, county, or state political party office may serve redistricting.
on the commission. A commission member shall not have
been an elected official and shall not have been an elected (11) Legislative and congressional districts may not be
legislative district, county, or state political party officer changed or established except pursuant to this section. A dis-
within two years of his or her appointment to the commis- tricting plan and any legislative amendments to the plan are
sion. The provisions of this subsection do not apply to the not subject to Article III, section 12 of this Constitution.
office of precinct committee person. [AMENDMENT 74, 1983 Substitute Senate Joint Resolu-
(4) The legislature shall enact laws providing for the tion No. 103, p 2202. Approved November 8, 1983.]
implementation of this section, to include additional qualifi-
(Rev. 12-10) [Page 15]
Article III Section 1 Constitution of the State of Washington

ARTICLE III SECTION 8 COMMANDER-IN-CHIEF. He shall


Article III Section 8

THE EXECUTIVE be commander-in-chief of the military in the state except


when they shall be called into the service of the United States.
SECTION 1 EXECUTIVE DEPARTMENT. The
Article III Section 1

SECTION 9 PARDONING POWER. The pardon-


Article III Section 9

executive department shall consist of a governor, lieutenant


governor, secretary of state, treasurer, auditor, attorney gen- ing power shall be vested in the governor under such regula-
eral, superintendent of public instruction, and a commis- tions and restrictions as may be prescribed by law.
sioner of public lands, who shall be severally chosen by the
qualified electors of the state at the same time and place of SECTION 10 VACANCY IN OFFICE OF GOVER-
Article III Section 10

voting as for the members of the legislature. NOR. In case of the removal, resignation, death or disability
of the governor, the duties of the office shall devolve upon
SECTION 2 GOVERNOR, TERM OF OFFICE.
Article III Section 2
the lieutenant governor; and in case of a vacancy in both the
The supreme executive power of this state shall be vested in offices of governor and lieutenant governor, the duties of the
a governor, who shall hold his office for a term of four years, governor shall devolve upon the secretary of state. In addi-
and until his successor is elected and qualified. tion to the line of succession to the office and duties of gov-
ernor as hereinabove indicated, if the necessity shall arise, in
order to fill the vacancy in the office of governor, the follow-
SECTION 3 OTHER EXECUTIVE OFFICERS,
Article III Section 3

ing state officers shall succeed to the duties of governor and


TERMS OF OFFICE. The lieutenant governor, secretary in the order named, viz.: Treasurer, auditor, attorney general,
of state, treasurer, auditor, attorney general, superintendent of superintendent of public instruction and commissioner of
public instruction, and commissioner of public lands, shall public lands. In case of the death, disability, failure or refusal
hold their offices for four years respectively, and until their of the person regularly elected to the office of governor to
successors are elected and qualified. qualify at the time provided by law, the duties of the office
shall devolve upon the person regularly elected to and quali-
SECTION 4 RETURNS OF ELECTIONS, CAN-
Article III Section 4

fied for the office of lieutenant governor, who shall act as


VASS, ETC. The returns of every election for the officers governor until the disability be removed, or a governor be
named in the first section of this article shall be sealed up and elected; and in case of the death, disability, failure or refusal
transmitted to the seat of government by the returning offic- of both the governor and the lieutenant governor elect to
ers, directed to the secretary of state, who shall deliver the qualify, the duties of the governor shall devolve upon the sec-
same to the speaker of the house of representatives at the first retary of state; and in addition to the line of succession to the
meeting of the house thereafter, who shall open, publish and office and duties of governor as hereinabove indicated, if
declare the result thereof in the presence of a majority of the there shall be the failure or refusal of any officer named
members of both houses. The person having the highest above to qualify, and if the necessity shall arise by reason
number of votes shall be declared duly elected, and a certifi- thereof, then in that event in order to fill the vacancy in the
cate thereof shall be given to such person, signed by the pre- office of governor, the following state officers shall succeed
siding officers of both houses; but if any two or more shall be to the duties of governor in the order named, viz: Treasurer,
highest and equal in votes for the same office, one of them auditor, attorney general, superintendent of public instruction
shall be chosen by the joint vote of both houses. Contested and commissioner of public lands. Any person succeeding to
elections for such officers shall be decided by the legislature the office of governor as in this section provided, shall per-
in such manner as shall be determined by law. The terms of form the duties of such office only until the disability be
all officers named in section one of this article shall com- removed, or a governor be elected and qualified; and if a
mence on the second Monday in January after their election vacancy occur more than thirty days before the next general
until otherwise provided by law. election occurring within two years after the commencement
of the term, a person shall be elected at such election to fill
SECTION 5 GENERAL DUTIES OF GOVER-
Article III Section 5

the office of governor for the remainder of the unexpired


NOR. The governor may require information in writing term. [AMENDMENT 6, 1909 p 642 Section 1. Approved
from the officers of the state upon any subject relating to the November, 1910.]
duties of their respective offices, and shall see that the laws Governmental continuity during emergency periods: Art. 2 Section 42.
are faithfully executed.
Original text — Art. 3 Section 10 VACANCY IN — In case of the
removal, resignation, death, or disability of the governor, the duties of the
SECTION 6 MESSAGES. He shall communicate at
Article III Section 6

office shall devolve upon the lieutenant governor, and in case of a vacancy
every session by message to the legislature the condition of in both the offices of governor and lieutenant governor, the duties of gover-
the affairs of the state, and recommend such measures as he nor shall devolve upon the secretary of state, who shall act as governor until
the disability be removed or a governor elected.
shall deem expedient for their action.
SECTION 11 REMISSION OF FINES AND FOR-
Article III Section 11

SECTION 7 EXTRA LEGISLATIVE SESSIONS.


Article III Section 7

FEITURES. The governor shall have power to remit fines


He may, on extraordinary occasions, convene the legislature and forfeitures, under such regulations as may be prescribed
by proclamation, in which shall be stated the purposes for by law, and shall report to the legislature at its next meeting
which the legislature is convened. each case of reprieve, commutation or pardon granted, and
Extraordinary sessions to reconsider vetoes: Art. 3 Section 12. the reasons for granting the same, and also the names of all
[Page 16] (Rev. 12-10)
Constitution of the State of Washington Article III Section 17

persons in whose favor remission of fines and forfeitures sented 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
shall have been made, and the several amounts remitted and unless the governor, within ten days next after the adjournment, Sundays
the reasons for the remission. excepted, shall file such bill with his objections thereto, in the office of sec-
retary of state, who shall lay the same before the legislature at its next ses-
sion in like manner as if it had been returned by the governor. If any bill pre-
SECTION 12 VETO POWERS. Every act which
Article III Section 12

sented to the governor contain several sections or items, he may object to


shall have passed the legislature shall be, before it becomes a one or more sections or items while approving other portions of the bill. In
law, presented to the governor. If he approves, he shall sign 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
it; but if not, he shall return it, with his objections, to that therefor, and the section or sections, item or items so objected to, shall not
house in which it shall have originated, which house shall take effect unless passed over the governor’s objection, as hereinbefore pro-
enter the objections at large upon the journal and proceed to vided.
reconsider. If, after such reconsideration, two-thirds of the Veto power does not extend to initiated or referred measures: Art. 2
members present shall agree to pass the bill it shall be sent, Section 1(d).
together with the objections, to the other house, by which it
shall likewise be reconsidered, and if approved by two-thirds SECTION 13 VACANCY IN APPOINTIVE
Article III Section 13

of the members present, it shall become a law; but in all such OFFICE. When, during a recess of the legislature, a
cases the vote of both houses shall be determined by the yeas vacancy shall happen in any office, the appointment to which
and nays, and the names of the members voting for or against is vested in the legislature, or when at any time a vacancy
the bill shall be entered upon the journal of each house shall have occurred in any other state office, for the filling of
respectively. If any bill shall not be returned by the governor which vacancy no provision is made elsewhere in this Consti-
within five days, Sundays excepted, after it shall be presented tution, the governor shall fill such vacancy by appointment,
to him, it shall become a law without his signature, unless the which shall expire when a successor shall have been elected
general adjournment shall prevent its return, in which case it and qualified.
shall become a law unless the governor, within twenty days
next after the adjournment, Sundays excepted, shall file such Appointment of governing boards of educational, reformatory and penal
institutions: Art. 13 Section 1.
bill with his objections thereto, in the office of secretary of
state, who shall lay the same before the legislature at its next Governmental continuity during emergency periods: Art. 2 Section 42.
session in like manner as if it had been returned by the gover-
nor: Provided, That within forty-five days next after the SECTION 14 SALARY. The governor shall receive
Article III Section 14

adjournment, Sundays excepted, the legislature may, upon an annual salary of four thousand dollars, which may be
petition by a two-thirds majority or more of the membership increased by law, but shall never exceed six thousand dollars
of each house, reconvene in extraordinary session, not to per annum.
exceed five days duration, solely to reconsider any bills
vetoed. If any bill presented to the governor contain several Compensation of legislators, elected state officials, and judges: Art. 28 Sec-
tion 1, Art. 30.
sections or appropriation items, he may object to one or more
sections or appropriation items while approving other por-
SECTION 15 COMMISSIONS, HOW ISSUED.
Article III Section 15

tions of the bill: Provided, That he may not object to less than
an entire section, except that if the section contain one or All commissions shall issue in the name of the state, shall be
more appropriation items he may object to any such appropri- signed by the governor, sealed with the seal of the state, and
ation item or items. In case of objection he shall append to attested by the secretary of state.
the bill, at the time of signing it, a statement of the section or
sections, appropriation item or items to which he objects and SECTION 16 LIEUTENANT GO VERNOR,
Article III Section 16

the reasons therefor; and the section or sections, appropria- DUTIES AND SALARY. The lieutenant governor shall be
tion item or items so objected to shall not take effect unless presiding officer of the state senate, and shall discharge such
passed over the governor’s objection, as hereinbefore pro- other duties as may be prescribed by law. He shall receive an
vided. The provisions of Article II, section 12 insofar as they annual salary of one thousand dollars, which may be
are inconsistent herewith are hereby repealed. [AMEND- increased by the legislature, but shall never exceed three
MENT 62, 1974 Senate Joint Resolution No. 140, p 806. thousand dollars per annum.
Approved November 5, 1974.]
Compensation of legislators, elected state officials, and judges: Art. 28 Sec-
Veto power withheld from initiated and referred measures: Art. 2 Section 1. tion 1, Art. 30.

Original text — Art. 3 Section 12 VETO POWER — Every act


SECTION 17 SECRETARY OF STATE, DUTIES
Article III Section 17

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 AND SALARY. The secretary of state shall keep a record
return it, with his objections, to that house in which it shall have originated, of the official acts of the legislature, and executive depart-
which house shall enter the objections at large upon the journal and proceed ment of the state, and shall, when required, lay the same, and
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 objec- all matters relative thereto, before either branch of the legis-
tions, to the other house, by which it shall likewise be reconsidered, and if lature, and shall perform such other duties as shall be
approved by two-thirds of the members present, it shall become a law; but in assigned him by law. He shall receive an annual salary of
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
twenty-five hundred dollars, which may be increased by the
upon the journal of each house respectively. If any bill shall not be returned legislature, but shall never exceed three thousand dollars per
by the governor within five days, Sundays excepted, after it shall be pre- annum.
(Rev. 12-10) [Page 17]
Article III Section 18 Constitution of the State of Washington

Compensation of legislators, elected state officials, and judges: Art. 28 Sec- seat of government, at which place also the governor, secre-
tion 1, Art. 30. tary of state, treasurer and auditor shall reside.

SECTION 18 SEAL. There shall be a seal of the state


Article III Section 18
Governmental continuity during emergency periods: Art. 2 Section 42.
kept by the secretary of state for official purposes, which
SECTION 25 QUALIFICATIONS, COMPENSA-
Article III Section 25

shall be called, "The Seal of the State of Washington."


TION, OFFICES WHICH MAY BE ABOLISHED. No
Design of the Seal: Art. 18 Section 1.
person, except a citizen of the United States and a qualified
State seal: RCW 1.20.080. elector of this state, shall be eligible to hold any state office.
The compensation for state officers shall not be increased or
SECTION 19 STATE TREASURER, DUTIES AND
Article III Section 19

diminished during the term for which they shall have been
SALARY. The treasurer shall perform such duties as shall elected. The legislature may in its discretion abolish the
be prescribed by law. He shall receive an annual salary of offices of the lieutenant governor, auditor and commissioner
two thousand dollars, which may be increased by the legisla- of public lands. [AMENDMENT 31, 1955 Senate Joint Res-
ture, but shall never exceed four thousand dollars per annum. olution No. 6, p 1861. Approved November 6, 1956.]
Compensation of legislators, elected state officials, and judges: Art. 28 Sec- Authorizing compensation increase during term: Art. 30 Section 1.
tion 1, Art. 30.
Increase or diminution of compensation during term of office prohibited.
county, city, town or municipal officers: Art. 11 Section 8.
SECTION 20 STATE AUDITOR, DUTIES AND
Article III Section 20

judicial officers: Art. 4 Section 13.


SALARY. The auditor shall be auditor of public accounts,
and shall have such powers and perform such duties in con- public officers: Art. 2 Section 25.
nection therewith as may be prescribed by law. He shall Original text — Art. 3 Section 25 QUALIFICATIONS — No per-
receive an annual salary of two thousand dollars, which may son, except a citizen of the United States and a qualified elector of this state,
be increased by the legislature, but shall never exceed three shall be eligible to hold any state office, and the state treasurer shall be inel-
thousand dollars per annum. igible for the term succeeding that for which he was elected. The compensa-
tion for state officers shall not be increased or diminished during the term for
Compensation of legislators, elected state officials, and judges: Art. 28 Sec- which they shall have been elected. The legislature may in its discretion
tion 1, Art. 30. abolish the offices of the lieutenant governor, auditor and commissioner of
public lands.

SECTION 21 ATTORNEY GENERAL, DUTIES


Article III Section 21

AND SALARY. The attorney general shall be the legal ARTICLE IV


adviser of the state officers, and shall perform such other THE JUDICIARY
duties as may be prescribed by law. He shall receive an
annual salary of two thousand dollars, which may be SE CTI ON 1 JUDI CIAL POW ER, WHERE
Article IV Section 1

increased by the legislature, but shall never exceed thirty-five VESTED. The judicial power of the state shall be vested in
hundred dollars per annum. a supreme court, superior courts, justices of the peace, and
Compensation of legislators, elected state officials, and judges: Art. 28 Sec-
such inferior courts as the legislature may provide.
tion 1, Art. 30. Court of appeals: Art. 4 Section 30.

SECTION 22 SUPERINTENDENT OF PUBLIC


Article III Section 22

SECTION 2 SUPREME COURT. The supreme


Article IV Section 2

INSTRUCTION, DUTIES AND SALARY. The superin- court shall consist of five judges, a majority of whom shall be
tendent of public instruction shall have supervision over all necessary to form a quorum, and pronounce a decision. The
matters pertaining to public schools, and shall perform such said court shall always be open for the transaction of business
specific duties as may be prescribed by law. He shall receive except on nonjudicial days. In the determination of causes all
an annual salary of twenty-five hundred dollars, which may decisions of the court shall be given in writing and the
be increased by law, but shall never exceed four thousand grounds of the decision shall be stated. The legislature may
dollars per annum. increase the number of judges of the supreme court from time
Compensation of legislators, elected state officials, and judges: Art. 28 Sec- to time and may provide for separate departments of said
tion 1, Art. 30. court.

SECTION 23 COMMISSIONER OF PUBLIC


Article III Section 23

SECTION 2(a) TEMPORARY PERFORMANCE


Article IV Section 2(a)

LANDS — COMPENSATION. The commissioner of pub- OF JUDICIAL DUTIES. When necessary for the prompt
lic lands shall perform such duties and receive such compen- and orderly administration of justice a majority of the
sation as the legislature may direct. Supreme Court is empowered to authorize judges or retired
judges of courts of record of this state, to perform, tempo-
SECTION 24 RECORDS, WHERE KEPT, ETC. rarily, judicial duties in the Supreme Court, and to authorize
Article III Section 24

The governor, secretary of state, treasurer, auditor, superin- any superior court judge to perform judicial duties in any
tendent of public instruction, commissioner of public lands superior court of this state. [AMENDMENT 38, 1961
and attorney general shall severally keep the public records, House Joint Resolution No. 6, p 2757. Approved November,
books and papers relating to their respective offices, at the 1962.]
[Page 18] (Rev. 12-10)
Constitution of the State of Washington Article IV Section 5

successors are elected and qualified. The sessions of the supreme court shall
Article IV Section 3

SE CTI ON 3 EL ECT ION AND T ERM S OF


be held at the seat of government until otherwise provided by law.
SUPREME COURT JUDGES. The judges of the supreme
court shall be elected by the qualified electors of the state at
SECTION 3(a) RETIREMENT OF SUPREME
Article IV Section 3(a)

large at the general state election at the times and places at


which state officers are elected, unless some other time be COURT AND SUPERIOR COURT JUDGES. A judge of
provided by the legislature. The first election of judges of the the supreme court or the superior court shall retire from judi-
supreme court shall be at the election which shall be held cial office at the end of the calendar year in which he attains
upon the adoption of this Constitution and the judges elected the age of seventy-five years. The legislature may, from time
thereat shall be classified by lot, so that two shall hold their to time, fix a lesser age for mandatory retirement, not earlier
office for the term of three years, two for the term of five than the end of the calendar year in which any such judge
years, and one for the term of seven years. The lot shall be attains the age of seventy years, as the legislature deems
drawn by the judges who shall for that purpose assemble at proper. This provision shall not affect the term to which any
the seat of government, and they shall cause the result thereof such judge shall have been elected or appointed prior to, or at
to be certified to the secretary of state, and filed in his office. the time of, approval and ratification of this provision. Not-
The supreme court shall select a chief justice from its own withstanding the limitations of this section, the legislature
membership to serve for a four-year term at the pleasure of a may by general law authorize or require the retirement of
majority of the court as prescribed by supreme court rule. judges for physical or mental disability, or any cause render-
The chief justice shall preside at all sessions of the supreme ing judges incapable of performing their judicial duties.
[AMENDMENT 25, 1951 House Joint Resolution No. 6, p
court. In case of the absence of the chief justice, the majority
of the remaining court shall select one of their members to 960. Approved November 4, 1952.]
serve as acting chief justice. After the first election the terms
SECTION 4 JURISDICTION. The supreme court
Article IV Section 4

of judges elected shall be six years from and after the second
Monday in January next succeeding their election. If a shall have original jurisdiction in habeas corpus, and quo
vacancy occur in the office of a judge of the supreme court warranto and mandamus as to all state officers, and appellate
the governor shall only appoint a person to ensure the number jurisdiction in all actions and proceedings, excepting that its
of judges as specified by the legislature, to hold the office appellate jurisdiction shall not extend to civil actions at law
until the election and qualification of a judge to fill the for the recovery of money or personal property when the
vacancy, which election shall take place at the next succeed- original amount in controversy, or the value of the property
ing general election, and the judge so elected shall hold the does not exceed the sum of two hundred dollars ($200) unless
office for the remainder of the unexpired term. The term of the action involves the legality of a tax, impost, assessment,
office of the judges of the supreme court, first elected, shall toll, municipal fine, or the validity of a statute. The supreme
commence as soon as the state shall have been admitted into court shall also have power to issue writs of mandamus,
the Union, and continue for the term herein provided, and review, prohibition, habeas corpus, certiorari and all other
until their successors are elected and qualified. The sessions writs necessary and proper to the complete exercise of its
of the supreme court shall be held at the seat of government appellate and revisory jurisdiction. Each of the judges shall
until otherwise provided by law. [AMENDMENT 89, 1995 have power to issue writs of habeas corpus to any part of the
Substitute Senate Joint Resolution No. 8210, p 2905. state upon petition by or on behalf of any person held in
Approved November 7, 1995.] actual custody, and may make such writs returnable before
himself, or before the supreme court, or before any superior
Original text — Art. 4 Section 3 ELECTION AND TERMS OF court of the state or any judge thereof.
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 elec- SECTION 5 SUPERIOR COURT — ELECTION
Article IV Section 5

tion 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 OF JUDGES, TERMS OF, ETC. There shall be in each of
supreme court shall be at the election which shall be held upon the adoption the organized counties of this state a superior court for which
of this Constitution and the judges elected thereat shall be classified by lot, at least one judge shall be elected by the qualified electors of
so that two shall hold their office for the term of three years, two for the term the county at the general state election: Provided, That until
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, otherwise directed by the legislature one judge only shall be
and they shall cause the result thereof to be certified to the secretary of state, elected for the counties of Spokane and Stevens; one judge
and filed in his office. The judge having the shortest term to serve not hold- for the county of Whitman; one judge for the counties of Lin-
ing his office by appointment or election to fill a vacancy, shall be the chief coln, Okanogan, Douglas and Adams; one judge for the
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
counties of Walla Walla and Franklin; one judge for the
other judges of the supreme court shall determine which of them shall be counties of Columbia, Garfield and Asotin; one judge for the
chief justice. In case of the absence of the chief justice, the judge having in counties of Kittitas, Yakima and Klickitat; one judge for the
like manner the shortest or next shortest term to serve shall preside. After counties of Clarke, Skamania, Pacific, Cowlitz and Wahkia-
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
kum; one judge for the counties of Thurston, Chehalis,
occur in the office of a judge of the supreme court the governor shall appoint Mason and Lewis; one judge for the county of Pierce; one
a person to hold the office until the election and qualification of a judge to judge for the county of King; one judge for the counties of
fill the vacancy, which election shall take place at the next succeeding gen- Jefferson, Island, Kitsap, San Juan and Clallam; and one
eral 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,
judge for the counties of Whatcom, Skagit and Snohomish.
first elected, shall commence as soon as the state shall have been admitted In any county where there shall be more than one superior
into the Union, and continue for the term herein provided, and until their judge, there may be as many sessions of the superior court at
(Rev. 12-10) [Page 19]
Article IV Section 6 Constitution of the State of Washington

the same time as there are judges thereof, and whenever the legal holidays and nonjudicial days. [AMENDMENT 87,
governor shall direct a superior judge to hold court in any 1993 House Joint Resolution No. 4201, p 3063. Approved
county other than that for which he has been elected, there November 2, 1993.]
may be as many sessions of the superior court in said county
Amendment 65, part (1977) — Art. 4 Section 6 Jurisdiction of
at the same time as there are judges therein or assigned to Superior Courts — The superior court shall have original jurisdiction in all
duty therein by the governor, and the business of the court cases in equity and in all cases at law which involve the title or possession of
shall be so distributed and assigned by law or in the absence real property, or the legality of any tax, impost, assessment, toll, or munici-
of legislation therefor, by such rules and orders of court as pal fine, and in all other cases in which the demand or the value of the prop-
erty in controversy amounts to three thousand dollars or as otherwise deter-
shall best promote and secure the convenient and expeditious mined by law, or a lesser sum in excess of the jurisdiction granted to justices
transaction thereof. The judgments, decrees, orders and pro- of the peace and other inferior courts, and in all criminal cases amounting to
ceedings of any session of the superior court held by any one felony, and in all cases of misdemeanor not otherwise provided for by law;
or more of the judges of such court shall be equally effectual 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,
as if all the judges of said court presided at such session. The and for annulment of marriage; and for such special cases and proceedings
first superior judges elected under this Constitution shall hold as are not otherwise provided for. The superior court shall also have origi-
their offices for the period of three years, and until their suc- nal jurisdiction in all cases and of all proceedings in which jurisdiction shall
cessors shall be elected and qualified, and thereafter the term 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
of office of all superior judges in this state shall be for four shall have such appellate jurisdiction in cases arising in justices’ and other
years from the second Monday in January next succeeding inferior courts in their respective counties as may be prescribed by law.
their election and until their successors are elected and quali- They shall always be open, except on nonjudicial days, and their process
fied. The first election of judges of the superior court shall be 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, prohi-
at the election held for the adoption of this Constitution. If a bition, and writs of habeas corpus, on petition by or on behalf of any person
vacancy occurs in the office of judge of the superior court, the in actual custody in their respective counties. Injunctions and writs of pro-
governor shall appoint a person to hold the office until the hibition and of habeas corpus may be issued and served on legal holidays
election and qualification of a judge to fill the vacancy, which and nonjudicial days. [AMENDMENT 65, part, 1977 Senate Joint Resolu-
tion No. 113, p 1714. Approved November 8, 1977.]
election shall be at the next succeeding general election, and
the judge so elected shall hold office for the remainder of the Amendment 65 also amended Art. 4 Section 10.
unexpired term.
Amendment 28, part (1952) — Art. 4 Section 6 JURISDICTION
Supreme court may authorize superior court judge to perform judicial duties OF SUPERIOR COURTS — The superior court shall have original juris-
in any superior court: Art. 4 Section 2(a). diction 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
Article IV Section 6
value of the property in controversy amounts to one thousand dollars, or a
SECTION 6 JURISDICTION OF SUPERIOR lesser sum in excess of the jurisdiction granted to justices of the peace and
COURTS. Superior courts and district courts have concur- other inferior courts, and in all criminal cases amounting to felony, and in
rent jurisdiction in cases in equity. The superior court shall all cases of misdemeanor not otherwise provided for by law; of actions of
have original jurisdiction in all cases at law which involve the forcible entry and detainer; of proceedings in insolvency; of actions to pre-
vent or abate a nuisance; of all matters of probate, of divorce, and for annul-
title or possession of real property, or the legality of any tax, ment of marriage; and for such special cases and proceedings as are not oth-
impost, assessment, toll, or municipal fine, and in all other erwise provided for. The superior court shall also have original jurisdiction
cases in which the demand or the value of the property in con- in all cases and of all proceedings in which jurisdiction shall not have been
troversy amounts to three thousand dollars or as otherwise 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
determined by law, or a lesser sum in excess of the jurisdic- appellate jurisdiction in cases arising in justices’ and other inferior courts in
tion granted to justices of the peace and other inferior courts, their respective counties as may be prescribed by law. They shall always be
and in all criminal cases amounting to felony, and in all cases open, except on nonjudicial days, and their process shall extend to all parts
of misdemeanor not otherwise provided for by law; of actions of the state. Said courts and their judges shall have power to issue writs of
mandamus, quo warranto, review, certiorari, prohibition, and writs of
of forcible entry and detainer; of proceedings in insolvency; habeas corpus, on petition by or on behalf of any person in actual custody in
of actions to prevent or abate a nuisance; of all matters of pro- their respective counties. Injunctions and writs of prohibition and of habeas
bate, of divorce, and for annulment of marriage; and for such corpus may be issued and served on legal holidays and nonjudicial days.
special cases and proceedings as are not otherwise provided [AMENDMENT 28, part, 1951 Substitute House Joint Resolution No. 13, p
962. Approved November 4, 1952.]
for. The superior court shall also have original jurisdiction in
all cases and of all proceedings in which jurisdiction shall not Note: Amendment 28 also amended Art. 4 Section 10.
have been by law vested exclusively in some other court; and
ORIGINAL TEXT — ART. 4 Section 6 JURISDICTION OF
said court shall have the power of naturalization and to issue
SUPERIOR COURTS — The superior court shall have original jurisdic-
papers therefor. They shall have such appellate jurisdiction tion in all cases in equity, and in all cases at law which involve the title or
in cases arising in justices’ and other inferior courts in their possession of real property, or the legality of any tax, impost, assessment,
respective counties as may be prescribed by law. They shall toll or municipal fine, and in all other cases in which the demand, or the
always be open, except on nonjudicial days, and their process 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
shall extend to all parts of the state. Said courts and their otherwise provided for by law; of actions of forcible entry and detainer; of
judges shall have power to issue writs of mandamus, quo proceedings in insolvency; of actions to prevent or abate a nuisance; of all
warranto, review, certiorari, prohibition, and writs of habeas matters of probate, of divorce, and for annulment of marriage; and for such
corpus, on petition by or on behalf of any person in actual special cases and proceedings as are not otherwise provided for. The supe-
rior court shall also have original jurisdiction in all cases and of all pro-
custody in their respective counties. Injunctions and writs of ceedings in which jurisdiction shall not have been by law vested exclusively
prohibition and of habeas corpus may be issued and served on in some other court; and said court shall have the power of naturalization,
[Page 20] (Rev. 12-10)
Constitution of the State of Washington Article IV Section 11

and to issue papers therefor. They shall have such appellate jurisdiction in which three-fourths of the members elected to each house
cases arising in justice’s and other inferior courts in their respective coun- shall concur, for incompetency, corruption, malfeasance, or
ties as may be prescribed by law. They shall be always open except on non-
judicial days, and their process shall extend to all parts of the state. Said delinquency in office, or other sufficient cause stated in such
courts and their judges shall have power to issue writs of mandamus, quo resolution. But no removal shall be made unless the officer
warranto, review, certiorari, prohibition, and writs of habeas corpus on complained of shall have been served with a copy of the
petition by or on behalf of any person in actual custody in their respective charges against him as the ground of removal, and shall have
counties. Injunctions and writs of prohibition and of habeas corpus may be
issued and served on legal holidays and non-judicial days. 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
SECTION 7 EXCHANGE OF JUDGES — JUDGE
Article IV Section 7

entered on the journal.


PRO TEMPORE. The judge of any superior court may hold
a superior court in any county at the request of the judge of Removal, censure, suspension, or retirement of judges or justices: Art. 4
the superior court thereof, and upon the request of the gover- Section 31.
nor 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 SECTION 10 JUSTICES OF THE PEACE. The
Article IV Section 10

agreement of the parties if the judge pro tempore is a member legislature shall determine the number of justices of the peace
of the bar, is agreed upon in writing by the parties litigant or to be elected and shall prescribe by law the powers, duties
their attorneys of record, and is approved by the court and and jurisdiction of justices of the peace: Provided, That such
sworn to try the case; or without the agreement of the parties jurisdiction granted by the legislature shall not trench upon
if the judge pro tempore is a sitting elected judge and is acting the jurisdiction of superior or other courts of record, except
as a judge pro tempore pursuant to supreme court rule. The that justices of the peace may be made police justices of
supreme court rule must require assignments of judges pro incorporated cities and towns. Justices of the peace shall
tempore based on the judges’ experience and must provide have original jurisdiction in cases where the demand or value
for the right, exercisable once during a case, to a change of of the property in controversy is less than three hundred dol-
judge pro tempore. Such right shall be in addition to any lars or such greater sum, not to exceed three thousand dollars
other right provided by law. However, if a previously elected or as otherwise determined by law, as shall be prescribed by
judge of the superior court retires leaving a pending case in the legislature. In incorporated cities or towns having more
which the judge has made discretionary rulings, the judge is than five thousand inhabitants, the justices of the peace shall
entitled to hear the pending case as a judge pro tempore with- receive such salary as may be provided by law, and shall
out any written agreement. [AMENDMENT 94, 2001 receive no fees for their own use. [AMENDMENT 65, part,
Engrossed Senate Joint Resolution No. 8208, p 2327. 1977 Senate Joint Resolution No. 113, p 1714. Approved
Approved November 6, 2001.] November 8, 1977.]
Amendment 80 — Art. 4 Section 7 EXCHANGE OF JUDGES — Amendment 65 also amended Art. 4 Section 6.
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 Amendment 28, part (1952) — Art. 4 Section 10 JUSTICES OF
thereof, and upon the request of the governor it shall be his duty to do so. A THE PEACE — The legislature shall determine the number of justices of
case in the superior court may be tried by a judge, pro tempore, who must be the peace to be elected and shall prescribe by law the powers, duties and
a member of the bar, agreed upon in writing by the parties litigant, or their jurisdiction of justices of the peace: Provided, That such jurisdiction
attorneys of record, approved by the court and sworn to try the case. How- granted by the legislature shall not trench upon the jurisdiction of superior
ever, if a previously elected judge of the superior court retires leaving a or other courts of record, except that justices of the peace may be made
pending case in which the judge has made discretionary rulings, the judge is police justices of incorporated cities and towns. Justices of the peace shall
entitled to hear the pending case as a judge pro tempore without any written have original jurisdiction in cases where the demand or value of the property
agreement.[Amendment 80, 1987 Senate Joint Resolution No. 8207, p 2815. in controversy is less than three hundred dollars or such greater sum, not to
Approved November 3, 1987.] exceed one thousand dollars, as shall be prescribed by the legislature. In
incorporated cities or towns having more than five thousand inhabitants, the
ORIGINAL TEXT — Art. 4 Section 7 EXCHANGE OF JUDGES justices of the peace shall receive such salary as may be provided by law,
— JUDGE PRO TEMPORE — The judge of any superior court may hold and shall receive no fees for their own use. [AMENDMENT 28, part, 1951
a superior court in any county at the request of the judge of the superior Substitute House Joint Resolution No. 13, p 962. Approved November 4,
court thereof, and upon the request of the governor it shall be his duty to do 1952.]
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, Note: Amendment 28 also amended Art. 4 Section 6.
or their attorneys of record, approved by the court and sworn to try the case.
Original text — Art. 4 Section 10 JUSTICES OF THE PEACE —
The legislature shall determine the number of justices of the peace to be
SECTION 8 ABSENCE OF JUDICIAL OFFICER.
Article IV Section 8

elected in incorporated cities or towns and in precincts, and shall prescribe


Any judicial officer who shall absent himself from the state by law the powers, duties and jurisdiction of justices of the peace; Provided,
for more than sixty consecutive days shall be deemed to have That such jurisdiction granted by the legislature shall not trench upon the
forfeited his office: Provided, That in cases of extreme 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
necessity the governor may extend the leave of absence such incorporated cities or towns having more than five thousand inhabitants the
time as the necessity therefor shall exist. justices of the peace shall receive such salary as may be provided by law,
and shall receive no fees for their own use.
SECTION 9 REMOVAL OF JUDGES, ATTOR-
Article IV Section 9

Article IV Section 11

NEY GENERAL, ETC. Any judge of any court of record, SECTION 11 COURTS OF RECORD. The
the attorney general, or any prosecuting attorney may be supreme court and the superior courts shall be courts of
removed from office by joint resolution of the legislature, in record, and the legislature shall have power to provide that
(Rev. 12-10) [Page 21]
Article IV Section 12 Constitution of the State of Washington

any of the courts of this state, excepting justices of the peace, SECTION 18 SUPREME COURT REPORTER.
Article IV Section 18

shall be courts of record. The judges of the supreme court shall appoint a reporter for
the decisions of that court, who shall be removable at their
SECTION 12 INFERIOR COURTS. The legislature
Article IV Section 12
pleasure. He shall receive such annual salary as shall be pre-
shall prescribe by law the jurisdiction and powers of any of scribed by law.
the inferior courts which may be established in pursuance of
this Constitution. SECTION 19 JUDGES MAY NOT PRACTICE
Article IV Section 19

LAW. No judge of a court of record shall practice law in any


SECTION 13 SALARIES OF JUDICIAL OFFIC-
Article IV Section 13

court of this state during his continuance in office.


ERS — HOW PAID, ETC. No judicial officer, except
court commissioners and unsalaried justices of the peace, SECTION 20 DECISIONS, WHEN TO BE MADE.
Article IV Section 20

shall receive to his own use any fees or perquisites of office. Every cause submitted to a judge of a superior court for his
The judges of the supreme court and judges of the superior decision shall be decided by him within ninety days from the
courts shall severally at stated times, during their continuance submission thereof; Provided, That if within said period of
in office, receive for their services the salaries prescribed by ninety days a rehearing shall have been ordered, then the
law therefor, which shall not be increased after their election, period within which he is to decide shall commence at the
nor during the term for which they shall have been elected. time the cause is submitted upon such a hearing.
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
SECTION 21 PUBLICATION OF OPINIONS. The
Article IV Section 21

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 legislature shall provide for the speedy publication of opin-
where a judge is provided for more than one county, that por- ions of the supreme court, and all opinions shall be free for
tion of his salary which is to be paid by the counties shall be publication by any person.
apportioned between or among them according to the
assessed value of their taxable property, to be determined by SECT ION 2 2 CLERK OF TH E SUP REME
Article IV Section 22

the assessment next preceding the time for which such salary COURT. The judges of the supreme court shall appoint a
is to be paid. clerk of that court who shall be removable at their pleasure,
but the legislature may provide for the election of the clerk of
Authorizing compensation increase during term: Art. 30 Section 1.
the supreme court, and prescribe the term of his office. The
Increase or diminution of compensation during term of office prohibited clerk of the supreme court shall receive such compensation
county, city or municipal officers: Art. 11 Section 8. by salary only as shall be provided by law.
public officers: Art. 2 Section 25.
state officers: Art. 3 Section 25. SECTION 23 COURT COMMISSIONERS. There
Article IV Section 23

may be appointed in each county, by the judge of the superior


SECTION 14 SALARIES OF SUPREME AND court having jurisdiction therein, one or more court commis-
Article IV Section 14

SUPERIOR COURT JUDGES. Each of the judges of the sioners, not exceeding three in number, who shall have
supreme court shall receive an annual salary of four thousand authority to perform like duties as a judge of the superior
dollars ($4,000); each of the superior court judges shall court at chambers, subject to revision by such judge, to take
receive an annual salary of three thousand dollars ($3,000), depositions and to perform such other business connected
which said salaries shall be payable quarterly. The legisla- with the administration of justice as may be prescribed by
ture may increase the salaries of judges herein provided. law.
Compensation of legislators, elected state officials, and judges: Art. 28 Sec-
SECTION 24 RULES FOR SUPERIOR COURTS.
Article IV Section 24

tion 1.
The judges of the superior courts, shall from time to time,
SECTION 15 INELIGIBILITY OF JUDGES. The
Article IV Section 15

establish uniform rules for the government of the superior


judges of the supreme court and the judges of the superior courts.
court shall be ineligible to any other office or public employ-
ment than a judicial office, or employment, during the term SECTION 25 REPORTS OF SUPERIOR COURT
Article IV Section 25

for which they shall have been elected. JUDGES. Superior judges, shall on or before the first day of
November in each year, report in writing to the judges of the
SECTION 16 CHARGING JURIES. Judges shall supreme court such defects and omissions in the laws as their
Article IV Section 16

not charge juries with respect to matters of fact, nor comment experience may suggest, and the judges of the supreme court
thereon, but shall declare the law. shall on or before the first day of January in each year report
in writing to the governor such defects and omissions in the
SECTION 17 ELIGIBILITY OF JUDGES. No per-
Article IV Section 17
laws as they may believe to exist.
son shall be eligible to the office of judge of the supreme
court, or judge of a superior court, unless he shall have been SECTION 26 CLERK OF THE SUPERIOR
Article IV Section 26

admitted to practice in the courts of record of this state, or of COURT. The county clerk shall be by virtue of his office,
the Territory of Washington. clerk of the superior court.
[Page 22] (Rev. 12-10)
Constitution of the State of Washington Article IV Section 31

SECTION 27 STYLE OF PROCESS. The style of


Article IV Section 27

Reviser’s note: This section which was adopted as Sec. 29 is herein


all process shall be, "The State of Washington," and all pros- renumbered Sec. 30 to avoid confusion with Sec. 29, supra.
ecutions shall be conducted in its name and by its authority.
Article IV Section 31

SECTION 31 COMMISSION ON JUDICIAL


SECTION 28 OATH OF JUDGES. Every judge of
Article IV Section 28

CONDUCT. (1) There shall be a commission on judicial


the supreme court, and every judge of a superior court shall, conduct, existing as an independent agency of the judicial
before entering upon the duties of his office, take and sub- branch, and consisting of a judge selected by and from the
scribe an oath that he will support the Constitution of the court of appeals judges, a judge selected by and from the
United States and the Constitution of the State of Washing- superior court judges, a judge selected by and from the lim-
ton, and will faithfully and impartially discharge the duties of ited jurisdiction court judges, two persons admitted to the
judge to the best of his ability, which oath shall be filed in the practice of law in this state selected by the state bar associa-
office of the secretary of state. tion, and six persons who are not attorneys appointed by the
governor.
SECTION 29 ELECTION OF SUPERIOR COURT
Article IV Section 29

(2) Whenever the commission receives a complaint


JUDGES. Notwithstanding any provision of this Constitu-
against a judge or justice, or otherwise has reason to believe
tion to the contrary, if, after the last day as provided by law
that a judge or justice should be admonished, reprimanded,
for the withdrawal of declarations of candidacy has expired,
censured, suspended, removed, or retired, the commission
only one candidate has filed for any single position of supe-
shall first investigate the complaint or belief and then conduct
rior court judge in any county containing a population of one
initial proceedings for the purpose of determining whether
hundred thousand or more, no primary or election shall be
probable cause exists for conducting a public hearing or hear-
held as to such position, and a certificate of election shall be
ings to deal with the complaint or belief. The investigation
issued to such candidate. If, after any contested primary for
and initial proceedings shall be confidential. Upon beginning
superior court judge in any county, only one candidate is enti-
an initial proceeding, the commission shall notify the judge
tled to have his name printed on the general election ballot for
or justice of the existence of and basis for the initial proceed-
any single position, no election shall be held as to such posi-
ing.
tion, and a certificate of election shall be issued to such can-
didate: Provided, That in the event that there is filed with the (3) Whenever the commission concludes, based on an
county auditor within ten days after the date of the primary, a initial proceeding, that there is probable cause to believe that
petition indicating that a write in campaign will be conducted a judge or justice has violated a rule of judicial conduct or
for such single position and signed by one hundred registered that the judge or justice suffers from a disability which is per-
voters qualified to vote with respect of the office, then such manent or likely to become permanent and which seriously
single position shall be subject to the general election. Provi- interferes with the performance of judicial duties, the com-
sions for the contingency of the death or disqualification of a mission shall conduct a public hearing or hearings and shall
sole candidate between the last date for withdrawal and the make public all those records of the initial proceeding that
time when the election would be held but for the provisions provide the basis for its conclusion. If the commission con-
of this section, and such other provisions as may be deemed cludes that there is not probable cause, it shall notify the
necessary to implement the provisions of this section, may be judge or justice of its conclusion.
enacted by the legislature. [AMENDMENT 41, 1965 ex.s. (4) Upon the completion of the hearing or hearings, the
Substitute Senate Joint Resolution No. 6, p 2815. Approved commission in open session shall either dismiss the case, or
November 8, 1966.] shall admonish, reprimand, or censure the judge or justice, or
shall censure the judge or justice and recommend to the
SECTION 30 COURT OF APPEALS. (1) Authori-
Article IV Section 30
supreme court the suspension or removal of the judge or jus-
zation. In addition to the courts authorized in section 1 of this tice, or shall recommend to the supreme court the retirement
article, judicial power is vested in a court of appeals, which of the judge or justice. The commission may not recommend
shall be established by statute. suspension or removal unless it censures the judge or justice
(2) Jurisdiction. The jurisdiction of the court of appeals for the violation serving as the basis for the recommendation.
shall be as provided by statute or by rules authorized by stat- The commission may recommend retirement of a judge or
ute. justice for a disability which is permanent or likely to become
(3) Review of Superior Court. Superior court actions permanent and which seriously interferes with the perfor-
may be reviewed by the court of appeals or by the supreme mance of judicial duties.
court as provided by statute or by rule authorized by statute. (5) Upon the recommendation of the commission, the
(4) Judges. The number, manner of election, compensa- supreme court may suspend, remove, or retire a judge or jus-
tion, terms of office, removal and retirement of judges of the tice. The office of a judge or justice retired or removed by the
court of appeals shall be as provided by statute. supreme court becomes vacant, and that person is ineligible
(5) Administration and Procedure. The administration for judicial office until eligibility is reinstated by the supreme
and procedures of the court of appeals shall be as provided by court. The salary of a removed judge or justice shall cease.
rules issued by the supreme court. The supreme court shall specify the effect upon salary when
(6) Conflicts. The provisions of this section shall super- it suspends a judge or justice. The supreme court may not
sede any conflicting provisions in prior sections of this arti- suspend, remove, or retire a judge or justice until the commis-
cle. [AMENDMENT 50, 1967 Senate Joint Resolution No. sion, after notice and hearing, recommends that action be
6; see 1969 p 2975. Approved November 5, 1968.] taken, and the supreme court conducts a hearing, after notice,
(Rev. 12-10) [Page 23]
Article IV Section 31 Constitution of the State of Washington

to review commission proceedings and findings against the censure the judge or justice, or shall censure the judge or justice and recom-
mend to the supreme court the suspension or removal of the judge or justice,
judge or justice. or shall recommend to the supreme court the retirement of the judge or jus-
(6) Within thirty days after the commission admonishes, tice. The commission may not recommend suspension or removal unless it
reprimands, or censures a judge or justice, the judge or justice censures the judge or justice for the violation serving as the basis for the rec-
shall have a right of appeal de novo to the supreme court. ommendation. The commission may recommend retirement of a judge or
justice for a disability which is permanent or likely to become permanent and
(7) Any matter before the commission or supreme court which seriously interferes with the performance of judicial duties.
may be disposed of by a stipulation entered into in a public (5) Upon the recommendation of the commission, the supreme court
proceeding. The stipulation shall be signed by the judge or may suspend, remove, or retire a judge or justice. The office of a judge or
justice and the commission or court. The stipulation may justice retired or removed by the supreme court becomes vacant, and that
impose any terms and conditions deemed appropriate by the 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
commission or court. A stipulation shall set forth all material supreme court shall specify the effect upon salary when it suspends a judge
facts relating to the proceeding and the conduct of the judge or justice. The supreme court may not suspend, remove, or retire a judge or
or justice. justice until the commission, after notice and hearing, recommends that
(8) Whenever the commission adopts a recommendation action be taken, and the supreme court conducts a hearing, after notice, to
that a judge or justice be removed, the judge or justice shall review commission proceedings and findings against the judge or justice.
(6) Within thirty days after the commission admonishes, reprimands,
be suspended immediately, with salary, from his or her judi-
or censures a judge or justice, the judge or justice shall have a right of
cial position until a final determination is made by the appeal de novo to the supreme court.
supreme court. (7) Any matter before the commission or supreme court may be dis-
(9) The legislature shall provide for commissioners’ posed of by a stipulation entered into in a public proceeding. The stipulation
terms of office and compensation. The commission shall shall be signed by the judge or justice and the commission or court. The stip-
employ one or more investigative officers with appropriate ulation may impose any terms and conditions deemed appropriate by the
commission or court. A stipulation shall set forth all material facts relating
professional training and experience. The investigative offic- to the proceeding and the conduct of the judge or justice.
ers of the commission shall report directly to the commission. (8) Whenever the commission adopts a recommendation that a judge or
The commission shall also employ such administrative or justice be removed, the judge or justice shall be suspended immediately, with
other staff as are necessary to manage the affairs of the com- salary, from his or her judicial position until a final determination is made
mission. by the supreme court.
(10) The commission shall, to the extent that compliance (9) The legislature shall provide for commissioners’ terms of office and
compensation. The commission shall employ one or more investigative offic-
does not conflict with this section, comply with laws of gen- ers with appropriate professional training and experience. The investigative
eral applicability to state agencies with respect to rule-mak- officers of the commission shall report directly to the commission. The com-
ing procedures, and with respect to public notice of and atten- mission shall also employ such administrative or other staff as are necessary
dance at commission proceedings other than initial proceed- to manage the affairs of the commission.
ings. The commission shall establish rules of procedure for (10) The commission shall, to the extent that compliance does not con-
flict with this section, comply with laws of general applicability to state
commission proceedings including due process and confi- agencies with respect to rule-making procedures, and with respect to public
dentiality of proceedings. [AMENDMENT 97, 2005 Senate notice of and attendance at commission proceedings other than initial pro-
Joint Resolution No. 8207, pp 2799, 2800. Approved ceedings. The commission shall establish rules of procedure for commission
November 8, 2005.] proceedings including due process and confidentiality of proceedings.
[AMENDMENT 85, 1989 Substitute Senate Joint Resolution No. 8202, p
Removal by legislature: Art. 4 Section 9. 3000. Approved November 7, 1989.]

Amendment 85 (1989) — Art. 4 Section 31 COMMISSION ON Amendment 77 (1986) — Art. 4 Section 31 COMMISSION ON
JUDICIAL CONDUCT — (1) There shall be a commission on judicial JUDICIAL CONDUCT — REMOVAL, CENSURE, SUSPENSION,
conduct, existing as an independent agency of the judicial branch, and con- OR RETIREMENT OF JUDGES OR JUSTICES — PROCEEDINGS
sisting of a judge selected by and from the court of appeals judges, a judge — There shall be a commission on judicial conduct consisting of a judge
selected by and from the superior court judges, a judge selected by and from selected by and from the court of appeals judges, a judge selected by and
the district court judges, two persons admitted to the practice of law in this from the superior court judges, a judge selected by and from the district
state selected by the state bar association, and six persons who are not attor- court judges, two persons admitted to the practice of law in this state
neys appointed by the governor. selected by the state bar association, and four persons who are not attorneys
(2) Whenever the commission receives a complaint against a judge or appointed by the governor and confirmed by the senate.
justice, or otherwise has reason to believe that a judge or justice should be The supreme court may censure, suspend, or remove a judge or justice
admonished, reprimanded, censured, suspended, removed, or retired, the for violating a rule of judicial conduct and may retire a judge or justice for
commission shall first investigate the complaint or belief and then conduct disability which is permanent or is likely to become permanent and which
initial proceedings for the purpose of determining whether probable cause seriously interferes with the performance of judicial duties. The office of a
exists for conducting a public hearing or hearings to deal with the complaint judge or justice retired or removed by the supreme court becomes vacant,
or belief. The investigation and initial proceedings shall be confidential. and that person is ineligible for judicial office until eligibility is reinstated by
Upon beginning an initial proceeding, the commission shall notify the judge the supreme court. The salary of a removed judge or justice shall cease.
or justice of the existence of and basis for the initial proceeding. The supreme court shall specify the effect upon salary when disciplin-
(3) Whenever the commission concludes, based on an initial proceed- ary action other than removal is taken. The supreme court may not disci-
ing, that there is probable cause to believe that a judge or justice has vio- pline or retire a judge or justice until the commission on judicial conduct
lated a rule of judicial conduct or that the judge or justice suffers from a dis- recommends after notice and hearing that action be taken and the supreme
ability which is permanent or likely to become permanent and which seri- court conducts a hearing, after notice, to review commission proceedings
ously interferes with the performance of judicial duties, the commission shall and findings against a judge or justice.
conduct a public hearing or hearings and shall make public all those records Whenever the commission receives a complaint against a judge or jus-
of the initial proceeding that provide the basis for its conclusion. If the com- tice, it shall first conduct proceedings for the purpose of determining
mission concludes that there is not probable cause, it shall notify the judge whether sufficient reason exists for conducting a hearing or hearings to deal
or justice of its conclusion. with the accusations. These initial proceedings shall be confidential, unless
(4) Upon the completion of the hearing or hearings, the commission in confidentiality is waived by the judge or justice, but all subsequent hearings
open session shall either dismiss the case, or shall admonish, reprimand, or conducted by the commission shall be open to members of the public.
[Page 24] (Rev. 12-10)
Constitution of the State of Washington Article VI Section 1A

Whenever the commission adopts a recommendation that a judge or ARTICLE VI


justice be removed, the judge or justice shall be suspended immediately, with ELECTIONS AND ELECTIVE RIGHTS
salary, from his or her judicial position until a final determination is made
by the supreme court.
Article VI Section 1

The legislature shall provide for commissioners’ terms of office and SECTION 1 QUALIFICATIONS OF ELECTORS.
compensation. The commission shall establish rules of procedure for com-
mission proceedings including due process and confidentiality of proceed-
All persons of the age of eighteen years or over who are citi-
ings. [AMENDMENT 77, 1986 Senate Joint Resolution No. 136, p 1532. zens of the United States and who have lived in the state,
Approved November 4, 1986.] county, and precinct thirty days immediately preceding the
election at which they offer to vote, except those disqualified
Amendment 71 (1980) — Art. 4 Section 31 JUDICIAL QUALIFI-
CATIONS COMMISSION — REMOVAL, CENSURE, SUSPENSION,
by Article VI, section 3 of this Constitution, shall be entitled
OR RETIREMENT OF JUDGES OR JUSTICES — There shall be a to vote at all elections. [AMENDMENT 63, 1974 Senate
judicial qualifications commission consisting of a judge selected by and from Joint Resolution No. 143, p 807. Approved November 5,
the court of appeals judges, a judge selected by and from the superior court 1974.]
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 associa-
tion, and two persons who are not attorneys appointed by the governor and Amendment 5 (1910) — Art. 6 Section 1 QUALIFICATIONS OF
confirmed by the senate. ELECTORS — All persons of the age of twenty-one years or over, possess-
ing the following qualifications, shall be entitled to vote at all elections:
The supreme court may censure, suspend, or remove a judge or justice They shall be citizens of the United States; they shall have lived in the state
for violating a rule of judicial conduct and may retire a judge or justice for one year, and in the county ninety days, and in the city, town, ward or pre-
disability which is permanent or is likely to become permanent and which cinct thirty days immediately preceding the election at which they offer to
seriously interferes with the performance of judicial duties. The office of a vote; they shall be able to read and speak the English language: Provided,
judge or justice retired or removed by the supreme court becomes vacant, That Indians not taxed shall never be allowed the elective franchise: And
and that person is ineligible for judicial office until eligibility is reinstated by further provided, That this amendment shall not affect the rights of franchise
the supreme court. The salary of a removed judge or justice shall cease. of any person who is now a qualified elector of this state. The legislative
The supreme court shall specify the effect upon salary when disciplin- authority shall enact laws defining the manner of ascertaining the qualifica-
ary action other than removal is taken. The supreme court may not disci- tions of voters as to their ability to read and speak the English language, and
pline or retire a judge or justice until the judicial qualifications commission providing for punishment of persons voting or registering in violation of the
recommends after notice and hearing that action be taken and the supreme provision of this section. There shall be no denial of the elective franchise at
court conducts a hearing, after notice, to review commission proceedings any election on account of sex. [AMENDMENT 5, 1909 p 26 Section 1.
and findings against a judge or justice. Approved November, 1910.]
The legislature shall provide for commissioners’ terms of office and
compensation. The commission shall establish rules of procedure for com- Amendment 2 (1896) — Art. 6 Section 1 QUALIFICATIONS OF
mission proceedings including due process and confidentiality of proceed- VOTERS — All male persons of the age of twenty-one years or over, pos-
ings. [AMENDMENT 71, 1980 Substitute House Joint Resolution No. 37, p sessing the following qualifications, shall be entitled to vote at all elections:
652. Approved November 4, 1980.] 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 pre-
cinct thirty days immediately preceding the election at which they offer to
ARTICLE V vote; they shall be able to read and speak the English language: Provided,
IMPEACHMENT That Indians not taxed shall never be allowed the elective franchise: And
further provided, That this amendment shall not effect [affect] the right of
SECTION 1 IMPEACHMENT - POWER OF AND
Article V Section 1
franchise of any person who is now a qualified elector of this state. The leg-
islature shall enact laws defining the manner of ascertaining the qualifica-
PROCEDURE. The house of representatives shall have the tions of voters as to their ability to read and speak the English language, and
sole power of impeachment. The concurrence of a majority providing for punishment of persons voting or registering in violation of the
of all the members shall be necessary to an impeachment. All provisions of this section. [AMENDMENT 2, 1895 p 60 Section 1.
impeachments shall be tried by the senate, and, when sitting Approved November, 1896.]
for that purpose, the senators shall be upon oath or affirma-
Original text — Art. 6 Section 1 QUALIFICATIONS OF ELEC-
tion to do justice according to law and evidence. When the TORS — All male persons of the age of twenty-one years or over, possess-
governor or lieutenant governor is on trial, the chief justice of ing the following qualifications, shall be entitled to vote at all elections:
the supreme court shall preside. No person shall be convicted They shall be citizens of the United States; They shall have lived in the state
without a concurrence of two-thirds of the senators elected. one year, and in the county ninety days, and in the city, town, ward or pre-
cinct thirty days immediately preceding the election at which they offer to
vote; Provided, that Indians not taxed shall never be allowed the elective
SECTION 2 OFFICERS LIABLE TO. The gover- franchise; Provided, further; that all male persons who at the time of the
Article V Section 2

nor and other state and judicial officers, except judges and adoption of this Constitution are qualified electors of the Territory, shall be
electors.
justices of courts not of record, shall be liable to impeach-
ment for high crimes or misdemeanors, or malfeasance in
office, but judgment in such cases shall extend only to
Article VI Section 1A

SECTION 1A VOTER QUALIFICATIONS FOR


removal from office and disqualification to hold any office of PRESIDENTIAL ELECTIONS. In consideration of those
honor, trust or profit, in the state. The party, whether con- citizens of the United States who become residents of the
victed or acquitted, shall, nevertheless, be liable to prosecu- state of Washington during the year of a presidential election
tion, trial, judgment and punishment according to law. with the intention of making this state their permanent resi-
dence, this section is for the purpose of authorizing such per-
SECTION 3 REMOVAL FROM OFFICE. All sons who can meet all qualifications for voting as set forth in
Article V Section 3

officers not liable to impeachment shall be subject to removal section 1 of this article, except for residence, to vote for pres-
for misconduct or malfeasance in office, in such manner as idential electors or for the office of President and Vice-Presi-
may be provided by law. dent of the United States, as the case may be, but no other:
Provided, That such persons have resided in the state at least
(Rev. 12-10) [Page 25]
Article VI Section 2 Constitution of the State of Washington

sixty days immediately preceding the presidential election provided for in this Constitution shall be on the Tuesday next
concerned. after the first Monday in November 1890, and thereafter all
The legislature shall establish the time, manner and place elections for such officers shall be held bi-ennially on the
for such persons to cast such presidential ballots. [AMEND- Tuesday next succeeding the first Monday in November. The
MENT 46, 1965 ex.s. Substitute House Joint Resolution No. first election of all state officers not otherwise provided for in
4, p 2820. Approved November 8, 1966.] this Constitution, after the election held for the adoption of
this Constitution, shall be on the Tuesday next after the first
SECTION 2 SCHOOL ELECTIONS — FRAN-
Article VI Section 2
Monday in November, 1892, and the elections for such state
CHISE, HOW EXTENDED. [This section stricken by officers shall be held in every fourth year thereafter on the
AMENDMENT 5, see Art. 6 Section 1.] Tuesday succeeding the first Monday in November.
Original text — Art. 6 Section 2 SCHOOL ELECTIONS — Cf. Art. 27 Section 14.
FRANCHISE, HOW EXTENDED — The legislature may provide that
there shall be no denial of the elective franchise at any school election on ARTICLE VII
account of sex. REVENUE AND TAXATION

SECTION 3 WHO DISQUALIFIED. All persons


Article VI Section 3

SECTION 1 TAXATION. The power of taxation


Article VII Section 1

convicted of infamous crime unless restored to their civil shall never be suspended, surrendered or contracted away.
rights and all persons while they are judicially declared men- All taxes shall be uniform upon the same class of property
tally incompetent are excluded from the elective franchise. within the territorial limits of the authority levying the tax
[AMENDMENT 83, 1988 House Joint Resolution No. 4231, and shall be levied and collected for public purposes only.
p 1553. Approved November 8, 1988.] The word "property" as used herein shall mean and include
Original text — Art. 6 Section 3 WHO DISQUALIFIED — All idi- everything, whether tangible or intangible, subject to owner-
ots, insane persons, and persons convicted of infamous crime unless restored ship. All real estate shall constitute one class: Provided,
to their civil rights are excluded from the elective franchise. That the legislature may tax mines and mineral resources and
lands devoted to reforestation by either a yield tax or an ad
SECTION 4 RESIDENCE, CONTINGENCIES valorem tax at such rate as it may fix, or by both. Such prop-
Article VI Section 4

AFFECTING. For the purpose of voting and eligibility to erty as the legislature may by general laws provide shall be
office no person shall be deemed to have gained a residence exempt from taxation. Property of the United States and of
by reason of his presence or lost it by reason of his absence, the state, counties, school districts and other municipal cor-
while in the civil or military service of the state or of the porations, and credits secured by property actually taxed in
United States, nor while a student at any institution of learn- this state, not exceeding in value the value of such property,
ing, nor while kept at public expense at any poor-house or shall be exempt from taxation. The legislature shall have
other asylum, nor while confined in public prison, nor while power, by appropriate legislation, to exempt personal prop-
engaged in the navigation of the waters of this state or of the erty to the amount of fifteen thousand ($15,000.00) dollars
United States, or of the high seas. for each head of a family liable to assessment and taxation
under the provisions of the laws of this state of which the
SECTION 5 VOTER — WHEN PRIVILEGED
Article VI Section 5

individual is the actual bona fide owner. [AMENDMENT


FROM ARREST. Voters shall in all cases except treason, 98, 2006 House Joint Resolution No. 4223, p 2117.
felony, and breach of the peace be privileged from arrest dur- Approved November 7, 2006.]
ing their attendance at elections and in going to, and returning
Amendment 81 (1988) — Art. 7 Section 1 TAXATION —The
therefrom. No elector shall be required to do military duty on power of taxation shall never be suspended, surrendered or contracted
the day of any election except in time of war or public danger. 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 col-
lected for public purposes only. The word "property" as used herein shall
SECTION 6 BALLOT. All elections shall be by bal-
Article VI Section 6

mean and include everything, whether tangible or intangible, subject to own-


lot. The legislature shall provide for such method of voting ership. All real estate shall constitute one class: Provided, That the legisla-
as will secure to every elector absolute secrecy in preparing ture may tax mines and mineral resources and lands devoted to reforestation
and depositing his ballot. 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, coun-
SECTION 7 REGISTRATION. The legislature shall
Article VI Section 7

ties, school districts and other municipal corporations, and credits secured
enact a registration law, and shall require a compliance with 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
such law before any elector shall be allowed to vote; Pro- power, by appropriate legislation, to exempt personal property to the
vided, that this provision is not compulsory upon the legisla- amount of three thousand ($3,000.00) dollars for each head of a family lia-
ture except as to cities and towns having a population of over ble to assessment and taxation under the provisions of the laws of this state
five hundred inhabitants. In all other cases the legislature of which the individual is the actual bona fide owner. [AMENDMENT 81,
1988 House Joint Resolution No. 4222, p 1551. Approved November 8,
may or may not require registration as a pre-requisite to the 1988.]
right to vote, and the same system of registration need not be
adopted for both classes. 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
SECTION 8 ELECTIONS, TIME OF HOLDING.
Article VI Section 8

territorial limits of the authority levying the tax and shall be levied and col-
The first election of county and district officers not otherwise lected for public purposes only. The word "property" as used herein shall
[Page 26] (Rev. 12-10)
Constitution of the State of Washington Article VII Section 2

mean and include everything, whether tangible or intangible, subject to own- "taxing district" for the purposes of this section shall mean
ership. All real estate shall constitute one class: Provided, That the legisla- any political subdivision, municipal corporation, district, or
ture 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 other governmental agency authorized by law to levy, or have
both. Such property as the legislature may by general laws provide shall be levied for it, ad valorem taxes on property, other than a port
exempt from taxation. Property of the United States and of the state, coun- or public utility district. Such aggregate limitation or any
ties, school districts and other municipal corporations, and credits secured specific limitation imposed by law in conformity therewith
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 may be exceeded only as follows:
power, by appropriate legislation, to exempt personal property to the (a) By any taxing district when specifically authorized so
amount of three hundred ($300.00) dollars for each head of a family liable to do by a majority of at least three-fifths of the voters of the
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, taxing district voting on the proposition to levy such addi-
1929 p 499 Section 1. Approved November, 1930.] tional tax submitted not more than twelve months prior to the
date on which the proposed initial levy is to be made and not
Reviser’s note: Amendment 14 amended Art. 7 by striking all of Sec- oftener than twice in such twelve month period, either at a
tions 1, 2, 3 and 4. Subsequently, Amendment 17 added a new Section 2, and
Amendment 19 added a new Section 3. special election or at the regular election of such taxing dis-
trict, at which election the number of voters voting "yes" on
Original text — Art. 7 Section 1 ANNUAL STATE TAX — All the proposition shall constitute three-fifths of a number equal
property in the state, not exempt under the laws of the United States, or to forty percent of the total number of voters voting in such
under this Constitution, shall be taxed in proportion to its value, to be ascer-
tained as provided by law. The legislature shall provide by law for an taxing district at the last preceding general election when the
annual tax sufficient, with other sources of revenue to defray the estimated number of voters voting on the proposition does not exceed
ordinary expenses of the state for each fiscal year. And for the purpose of forty percent of the total number of voters voting in such tax-
paying the state debt, if there be any, the legislature shall provide for levying ing district in the last preceding general election; or by a
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. majority of at least three-fifths of the voters of the taxing dis-
trict 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 pre-
Amendment 3 (1900) — Art. 7 Section 2, was amended by adding
the following proviso: "And provided further, That the legislature shall ceding general election. Notwithstanding any other provi-
have power, by appropriate legislation, to exempt personal property to the sion of this Constitution, any proposition pursuant to this sub-
amount of three hundred dollars ($300) for each head of a family liable to section to levy additional tax for the support of the common
assessment and taxation under the provisions of the laws of this state of schools or fire protection districts may provide such support
which the individual is the actual and bona fide owner." [AMENDMENT 3,
1899 p 121 Section 1. Approved November, 1900.] for a period of up to four years and any proposition to levy an
additional tax to support the construction, modernization, or
Original text — Art. 7 Section 2 TAXATION — UNIFORMITY remodelling of school facilities or fire facilities may provide
AND EQUALITY — EXEMPTION — The legislature shall provide by such support for a period not exceeding six years. Notwith-
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 regula- standing any other provision of this subsection, a proposition
tions by general law as shall secure a just valuation for taxation of all prop- under this subsection to levy an additional tax for a school
erty, so that every person and corporation shall pay a tax in proportion to district shall be authorized by a majority of the voters voting
the value of his, her, or its property; Provided, that a deduction of debts from on the proposition, regardless of the number of voters voting
credits may be authorized: Provided, further, that the property of the United
States and of the state, counties, school districts and other municipal corpo- on the proposition;
rations, and such other property as the legislature may by general laws pro- (b) By any taxing district otherwise authorized by law to
vide, shall be exempt from taxation. 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
Original text — Art. 7 Section 3 ASSESSMENT OF CORPO- capital purposes, other than the replacement of equipment,
RATE PROPERTY — The legislature shall provide by general law for the when authorized so to do by majority of at least three-fifths of
assessing and levying of taxes on all corporation property as near as may be the voters of the taxing district voting on the proposition to
by the same methods as are provided for the assessing and levying of taxes
on individual property. issue such bonds and to pay the principal and interest thereon
by annual tax levies in excess of the limitation herein pro-
________________________________________________ vided during the term of such bonds, submitted not oftener
Original text — Art. 7 Section 4 NO SURRENDER OF POWER
than twice in any calendar year, at an election held in the
OR SUSPENSION OF TAX ON CORPORATE PROPERTY — The manner provided by law for bond elections in such taxing dis-
power to tax corporations and corporate property shall not be surrendered trict, at which election the total number of voters voting on
or suspended by any contract or grant to which the state shall be a party. the proposition shall constitute not less than forty percent of
the total number of voters voting in such taxing district at the
SECTION 2 LIMITATION ON LEVIES. Except as last preceding general election. Any such taxing district shall
Article VII Section 2

hereinafter provided and notwithstanding any other provision have the right by vote of its governing body to refund any
of this Constitution, the aggregate of all tax levies upon real general obligation bonds of said district issued for capital
and personal property by the state and all taxing districts now purposes only, and to provide for the interest thereon and
existing or hereafter created, shall not in any year exceed one amortization thereof by annual levies in excess of the tax lim-
percent of the true and fair value of such property in money. itation provided for herein. The provisions of this section
Nothing herein shall prevent levies at the rates now provided shall also be subject to the limitations contained in Article
by law by or for any port or public utility district. The term VIII, Section 6, of this Constitution;
(Rev. 12-10) [Page 27]
Article VII Section 2 Constitution of the State of Washington

(c) By the state or any taxing district for the purpose of public utility district. The term "taxing district" for the purposes of this sec-
tion shall mean any political subdivision, municipal corporation, district, or
preventing the impairment of the obligation of a contract other governmental agency authorized by law to levy, or have levied for it,
when ordered so to do by a court of last resort. [AMEND- ad valorem taxes on property, other than a port or public utility district.
MENT 101, 2007 Engrossed House Joint Resolution No. Such aggregate limitation or any specific limitation imposed by law in con-
4204, pp 3143-3145. Approved November 6, 2007.] formity therewith may be exceeded only
(a) By any taxing district when specifically authorized so to do by a
Prior amendments of Art. 7 Section 2, see Amendments 17, 55, 59, 64, majority of at least three-fifths of the electors thereof voting on the proposi-
79, and 90. tion 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
Amendment 95 (2002) — Art. 7 Section 2 LIMITATION ON LEV- twice in such twelve month period, either at a special election or at the reg-
IES Except as hereinafter provided and notwithstanding any other provi- ular election of such taxing district, at which election the number of persons
sion of this Constitution, the aggregate of all tax levies upon real and per- voting "yes" on the proposition shall constitute three-fifths of a number equal
sonal property by the state and all taxing districts now existing or hereafter to forty per centum of the total votes cast in such taxing district at the last
created, shall not in any year exceed one percent of the true and fair value of preceding general election when the number of electors voting on the prop-
such property in money: Provided, however, That nothing herein shall pre- osition does not exceed forty per centum of the total votes cast in such taxing
vent levies at the rates now provided by law by or for any port or public util- district in the last preceding general election; or by a majority of at least
ity district. The term "taxing district" for the purposes of this section shall three-fifths of the electors thereof voting on the proposition to levy when the
mean any political subdivision, municipal corporation, district, or other number of electors voting on the proposition exceeds forty percentum of the
governmental agency authorized by law to levy, or have levied for it, ad valo- total votes cast in such taxing district in the last preceding general election:
rem taxes on property, other than a port or public utility district. Such Provided, That notwithstanding any other provision of this Constitution, any
aggregate limitation or any specific limitation imposed by law in conformity proposition pursuant to this subsection to levy additional tax for the support
therewith may be exceeded only as follows: of the common schools may provide such support for a two year period and
(a) By any taxing district when specifically authorized so to do by a any proposition to levy an additional tax to support the construction, mod-
majority of at least three-fifths of the voters of the taxing district voting on ernization, or remodelling of school facilities may provide such support for
the proposition to levy such additional tax submitted not more than twelve a period not exceeding six years;
months prior to the date on which the proposed levy is to be made and not (b) By any taxing district otherwise authorized by law to issue general
oftener than twice in such twelve month period, either at a special election or obligation bonds for capital purposes, for the sole purpose of making the
at the regular election of such taxing district, at which election the number required payments of principal and interest on general obligation bonds
of voters voting "yes" on the proposition shall constitute three-fifths of a issued solely for capital purposes, other than the replacement of equipment,
number equal to forty percent of the total number of voters voting in such when authorized so to do by majority of at least three-fifths of the electors
taxing district at the last preceding general election when the number of vot- thereof voting on the proposition to issue such bonds and to pay the principal
ers voting on the proposition does not exceed forty percent of the total num- and interest thereon by an annual tax levy in excess of the limitation herein
ber of voters voting in such taxing district in the last preceding general elec- provided during the term of such bonds, submitted not oftener than twice in
tion; or by a majority of at least three-fifths of the voters of the taxing district any calendar year, at an election held in the manner provided by law for
voting on the proposition to levy when the number of voters voting on the bond elections in such taxing district, at which election the total number of
proposition exceeds forty percent of the number of voters voting in such tax- persons voting on the proposition shall constitute not less than forty per cen-
ing district in the last preceding general election: Provided, That notwith- tum of the total number of votes cast in such taxing district at the last preced-
standing any other provision of this Constitution, any proposition pursuant ing general election: Provided, That any such taxing district shall have the
to this subsection to levy additional tax for the support of the common right by vote of its governing body to refund any general obligation bonds of
schools or fire protection districts may provide such support for a period of said district issued for capital purposes only, and to provide for the interest
up to four years and any proposition to levy an additional tax to support the thereon and amortization thereof by annual levies in excess of the tax limita-
construction, modernization, or remodelling of school facilities or fire facil- tion provided for herein, And provided further, That the provisions of this
ities may provide such support for a period not exceeding six years; section shall also be subject to the limitations contained in Article VIII, Sec-
(b) By any taxing district otherwise authorized by law to issue general tion 6, of this Constitution;
obligation bonds for capital purposes, for the sole purpose of making the (c) By the state or any taxing district for the purpose of paying the prin-
required payments of principal and interest on general obligation bonds cipal or interest on general obligation bonds outstanding on December 6,
issued solely for capital purposes, other than the replacement of equipment, 1934; or for the purpose of preventing the impairment of the obligation of a
when authorized so to do by majority of at least three-fifths of the voters of contract when ordered so to do by a court of last resort. [AMENDMENT
the taxing district voting on the proposition to issue such bonds and to pay 90, 1997 House Joint Resolution No. 4208, p 3063. Approved November 4,
the principal and interest thereon by annual tax levies in excess of the limi- 1997.]
tation 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 Amendment 79 (1986) — Art. 7 Section 2 LIMITATION ON LEV-
by law for bond elections in such taxing district, at which election the total IES — Except as hereinafter provided and notwithstanding any other provi-
number of voters voting on the proposition shall constitute not less than forty sion of this Constitution, the aggregate of all tax levies upon real and per-
percent of the total number of voters voting in such taxing district at the last sonal property by the state and all taxing districts now existing or hereafter
preceding general election: Provided, That any such taxing district shall created, shall not in any year exceed one per centum of the true and fair
have the right by vote of its governing body to refund any general obligation value of such property in money: Provided, however, That nothing herein
bonds of said district issued for capital purposes only, and to provide for the shall prevent levies at the rates now provided by law by or for any port or
interest thereon and amortization thereof by annual levies in excess of the public utility district. The term "taxing district" for the purposes of this sec-
tax limitation provided for herein, And provided further, That the provisions tion shall mean any political subdivision, municipal corporation, district, or
of this section shall also be subject to the limitations contained in Article other governmental agency authorized by law to levy, or have levied for it,
VIII, Section 6, of this Constitution; ad valorem taxes on property, other than a port or public utility district.
(c) By the state or any taxing district for the purpose of preventing the Such aggregate limitation or any specific limitation imposed by law in con-
impairment of the obligation of a contract when ordered so to do by a court formity therewith may be exceeded only
of last resort. [AMENDMENT 95, 2002 House Joint Resolution No. 4220, (a) By any taxing district when specifically authorized so to do by a
p 2203. Approved November 5, 2002.] majority of at least three-fifths of the electors thereof voting on the proposi-
tion to levy such additional tax submitted not more than twelve months prior
Amendment 90 (1997) — Art. 7 Section 2 LIMITATION ON LEV- to the date on which the proposed levy is to be made and not oftener than
IES — Except as hereinafter provided and notwithstanding any other provi- twice in such twelve month period, either at a special election or at the reg-
sion of this Constitution, the aggregate of all tax levies upon real and per- ular election of such taxing district, at which election the number of persons
sonal property by the state and all taxing districts now existing or hereafter voting "yes" on the proposition shall constitute three-fifths of a number equal
created, shall not in any year exceed one per centum of the true and fair to forty per centum of the total votes cast in such taxing district at the last
value of such property in money: Provided, however, That nothing herein preceding general election when the number of electors voting on the prop-
shall prevent levies at the rates now provided by law by or for any port or osition does not exceed forty per centum of the total votes cast in such taxing
[Page 28] (Rev. 12-10)
Constitution of the State of Washington Article VII Section 2

district in the last preceding general election; or by a majority of at least bond elections in such taxing district, at which election the total number of
three-fifths of the electors thereof voting on the proposition to levy when the persons voting on the proposition shall constitute not less than forty per cen-
number of electors voting on the proposition exceeds forty percentum of the tum of the total number of votes cast in such taxing district at the last preced-
total votes cast in such taxing district in the last preceding general election: ing general election: Provided, That any such taxing district shall have the
Provided, That notwithstanding any other provision of this Constitution, any right by vote of its governing body to refund any general obligation bonds of
proposition pursuant to this subsection to levy additional tax for the support said district issued for capital purposes only, and to provide for the interest
of the common schools may provide such support for a two year period and thereon and amortization thereof by annual levies in excess of the tax limita-
any proposition to levy an additional tax to support the construction, mod- tion provided for herein, And provided further, That the provisions of this
ernization, or remodelling of school facilities may provide such support for section shall also be subject to the limitations contained in Article VIII, Sec-
a period not exceeding six years; tion 6, of this Constitution;
(b) By any taxing district otherwise authorized by law to issue general (c) By the state or any taxing district for the purpose of paying the prin-
obligation bonds for capital purposes, for the sole purpose of making the cipal or interest on general obligation bonds outstanding on December 6,
required payments of principal and interest on general obligation bonds 1934; or for the purpose of preventing the impairment of the obligation of a
issued solely for capital purposes, other than the replacement of equipment, contract when ordered so to do by a court of last resort. [AMENDMENT
when authorized so to do by majority of at least three-fifths of the electors 64, 1975-’76 2nd ex.s. Senate Joint Resolution No. 137, p 518. Approved
thereof voting on the proposition to issue such bonds and to pay the principal November 2, 1976.]
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 Amendment 59 (1972) and Amendment 55 (1972) — Art. 7 Section
any calendar year, at an election held in the manner provided by law for 2 LIMITATION ON LEVIES — Except as hereinafter provided and not-
bond elections in such taxing district, at which election the total number of withstanding any other provision of this Constitution, the aggregate of all tax
persons voting on the proposition shall constitute not less than forty per cen- levies upon real and personal property by the state and all taxing districts
tum of the total number of votes cast in such taxing district at the last preced- now existing or hereafter created, shall not in any year exceed one per cen-
ing general election: Provided, That any such taxing district shall have the tum of the true and fair value of such property in money: Provided, however,
right by vote of its governing body to refund any general obligation bonds of That nothing herein shall prevent levies at the rates now provided by law by
said district issued for capital purposes only, and to provide for the interest or for any port or public utility district. The term "taxing district" for the
thereon and amortization thereof by annual levies in excess of the tax limita- purposes of this section shall mean any political subdivision, municipal cor-
tion provided for herein, And provided further, That the provisions of this poration, district, or other governmental agency authorized by law to levy,
section shall also be subject to the limitations contained in Article VIII, Sec- or have levied for it, ad valorem taxes on property, other than a port or pub-
tion 6, of this Constitution; lic utility district. Such aggregate limitation or any specific limitation
(c) By the state or any taxing district for the purpose of paying the prin- imposed by law in conformity therewith may be exceeded only
cipal or interest on general obligation bonds outstanding on December 6, (a) By any taxing district when specifically authorized so to do by a
1934; or for the purpose of preventing the impairment of the obligation of a majority of at least three-fifths of the electors thereof voting on the proposi-
contract when ordered so to do by a court of last resort. [AMENDMENT tion to levy such additional tax submitted not more than twelve months prior
79, 1986 House Joint Resolution No. 55, p 1530. Approved November 4, to the date on which the proposed levy is to be made and not oftener than
1986.] twice in such twelve month period, either at a special election or at the reg-
ular election of such taxing district, at which election the number of persons
Amendment 64 (1976) — Art. 7 Section 2 LIMITATION ON LEV- voting "yes" on the proposition shall constitute three-fifths of a number equal
IES — Except as hereinafter provided and notwithstanding any other provi- to forty per centum of the total votes cast in such taxing district at the last
sion of this Constitution, the aggregate of all tax levies upon real and per- preceding general election when the number of electors voting on the prop-
sonal property by the state and all taxing districts now existing or hereafter osition does not exceed forty per centum of the total votes cast in such taxing
created, shall not in any year exceed one per centum of the true and fair district in the last preceding general election; or by a majority of at least
value of such property in money: Provided, however, That nothing herein three-fifths of the electors thereof voting on the proposition to levy when the
shall prevent levies at the rates now provided by law by or for any port or number of electors voting on the proposition exceeds forty percentum of the
public utility district. The term "taxing district" for the purposes of this sec- total votes cast in such taxing district in the last preceding general election;
tion shall mean any political subdivision, municipal corporation, district, or (b) By any taxing district otherwise authorized by law to issue general
other governmental agency authorized by law to levy, or have levied for it, obligation bonds for capital purposes, for the sole purpose of making the
ad valorem taxes on property, other than a port or public utility district. required payments of principal and interest on general obligation bonds
Such aggregate limitation or any specific limitation imposed by law in con- issued solely for capital purposes, other than the replacement of equipment,
formity therewith may be exceeded only when authorized so to do by majority of at least three-fifths of the electors
(a) By any taxing district when specifically authorized so to do by a thereof voting on the proposition to issue such bonds and to pay the principal
majority of at least three-fifths of the electors thereof voting on the proposi- and interest thereon by an annual tax levy in excess of the limitation herein
tion to levy such additional tax submitted not more than twelve months prior provided during the term of such bonds, submitted not oftener than twice in
to the date on which the proposed levy is to be made and not oftener than any calendar year, at an election held in the manner provided by law for
twice in such twelve month period, either at a special election or at the reg- bond elections in such taxing district, at which election the total number of
ular election of such taxing district, at which election the number of persons persons voting on the proposition shall constitute not less than forty per cen-
voting "yes" on the proposition shall constitute three-fifths of a number equal tum of the total number of votes cast in such taxing district at the last preced-
to forty per centum of the total votes cast in such taxing district at the last ing general election: Provided, That any such taxing district shall have the
preceding general election when the number of electors voting on the prop- right by vote of its governing body to refund any general obligation bonds of
osition does not exceed forty per centum of the total votes cast in such taxing said district issued for capital purposes only, and to provide for the interest
district in the last preceding general election; or by a majority of at least thereon and amortization thereof by annual levies in excess of the tax limita-
three-fifths of the electors thereof voting on the proposition to levy when the tion provided for herein, And provided further, That the provisions of this
number of electors voting on the proposition exceeds forty percentum of the section shall also be subject to the limitations contained in Article VIII, Sec-
total votes cast in such taxing district in the last preceding general election: tion 6, of this Constitution;
Provided, That notwithstanding any other provision of this Constitution, any (c) By the state or any taxing district for the purpose of paying the prin-
proposition pursuant to this subsection to levy additional tax for the support cipal or interest on general obligation bonds outstanding on December 6,
of the common schools may provide such support for a two year period; 1934; or for the purpose of preventing the impairment of the obligation of a
(b) By any taxing district otherwise authorized by law to issue general contract when ordered so to do by a court of last resort. [(i) AMENDMENT
obligation bonds for capital purposes, for the sole purpose of making the 59, 1971 House Joint Resolution No. 47, p 1834. Approved November,
required payments of principal and interest on general obligation bonds 1972. (ii) AMENDMENT 55, 1971 Senate Joint Resolution No. 1, p 1827.
issued solely for capital purposes, other than the replacement of equipment, Approved November, 1972.]
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 Reviser’s note: Article 7 Section 2 was twice amended in different
and interest thereon by an annual tax levy in excess of the limitation herein respects at the November 1972 general election by the ratification of both
provided during the term of such bonds, submitted not oftener than twice in S.J.R. No. 1. (AMENDMENT 55) and H.J.R. No. 47. (AMENDMENT 59.)
any calendar year, at an election held in the manner provided by law for 1971 HJR No. 47 contained the following paragraph:
(Rev. 12-10) [Page 29]
Article VII Section 3 Constitution of the State of Washington

"Be It Further Resolved, That the foregoing amendment shall be sub- Reviser’s note: Original section 3 was stricken by Amendment 14.
mitted to the qualified electors of the state in such a manner that they may The original section is set out following Art. 7 Section 1, above.
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
SECTION 4 NO SURRENDER OF POWER OR
Article VII Section 4

contained in Senate Joint Resolution No. 1: Provided, That if both proposed


amendments are approved and ratified, both shall become part of the Consti- SUSPENSION OF TAX ON CORPORATE PROP-
tution" [1971 House Joint Resolution No. 47, part, p 1834] ERTY.
The section as printed above reflects the content of both amendments.
Reviser’s note: Original section 4 was stricken by Amendment 14. It
is set out following Art. 7 Section 1, above.
Amendment 17 (1944) — Art. 7 Section 2 FORTY MILL LIMIT
— Except as hereinafter provided and notwithstanding any other provision
SECTION 5 TAXES, HOW LEVIED. No tax shall
Article VII Section 5

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 cre- be levied except in pursuance of law; and every law imposing
ated, shall not in any year exceed forty mills on the dollar of assessed valu- a tax shall state distinctly the object of the same to which only
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 it shall be applied.
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 sec- SECTION 6 TAXES, HOW PAID. All taxes levied
Article VII Section 6

tion shall mean any political subdivision, municipal corporation, district, or


other governmental agency authorized by law to levy, or have levied for it,
and collected for state purposes shall be paid in money only
ad valorem taxes on property, other than a port or public utility district. into the state treasury.
Such aggregate limitation or any specific limitation imposed by law in con-
formity therewith may be exceeded only SECTION 7 ANNUAL STATEMENT. An accurate
Article VII Section 7

(a) By any taxing district when specifically authorized so to do by a statement of the receipts and expenditures of the public mon-
majority of at least three-fifths of the electors thereof voting on the proposi- eys shall be published annually in such manner as the legisla-
tion 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 ture may provide.
twice in such twelve month period, either at a special election or at the reg-
ular election of such taxing district, at which election the number of persons SECTION 8 TAX TO COVER DEFICIENCIES.
Article VII Section 8

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
Whenever the expenses of any fiscal year shall exceed the
election; income, the legislature may provide for levying a tax for the
ensuing fiscal year, sufficient, with other sources of income,
(b) By any taxing district otherwise authorized by law to issue general
obligation bonds for capital purposes, for the sole purpose of making the to pay the deficiency, as well as the estimated expenses of the
required payments of principal and interest on general obligation bonds ensuing fiscal year.
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
SECTION 9 SPECIAL ASSESSMENTS OR TAX-
Article VII Section 9

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 ATION FOR LOCAL IMPROVEMENTS. The legisla-
provided during the term of such bonds, submitted not oftener than twice in ture may vest the corporate authorities of cities, towns and
any calendar year, at an election held in the manner provided by law for villages with power to make local improvements by special
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 cen- assessment, or by special taxation of property benefited. For
tum of the total number of votes cast in such taxing district at the last preced- all corporate purposes, all municipal corporations may be
ing general election: Provided, That any such taxing district shall have the vested with authority to assess and collect taxes and such
right by vote of its governing body to refund any general obligation bonds of taxes shall be uniform in respect to persons and property
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 limita-
within the jurisdiction of the body levying the same.
tion provided for herein, and Provided further, That the provisions of this
section shall also be subject to the limitations contained in Article VIII, Sec- SECTION 10 RETIRED PERSONS PROPERTY
Article VII Section 10

tion 6, of this Constitution;


TAX EXEMPTION. Notwithstanding the provisions of
(c) By the state or any taxing district for the purpose of paying the prin- Article 7, section 1 (Amendment 14) and Article 7, section 2
cipal or interest on general obligation bonds outstanding on December 6, (Amendment 17), the following tax exemption shall be
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 allowed as to real property:
17, 1943 House Joint Resolution No. 1, p 936. Approved November, 1944.] The legislature shall have the power, by appropriate leg-
islation, to grant to retired property owners relief from the
Reviser’s note: Original section 2, as amended by Amendment 3, was property tax on the real property occupied as a residence by
stricken by Amendment 14. The original section and Amendment 3, are set those owners. The legislature may place such restrictions and
out following Art. 7, Section 1, above.
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 own-
Article VII Section 3

SECTION 3 TAXATION OF FEDERAL AGEN-


CIES AND PROPERTY. The United States and its agen- ers below a specific level of income and those fulfilling cer-
cies and instrumentalities, and their property, may be taxed tain minimum residential requirements. [AMENDMENT
under any of the tax laws of this state, whenever and in such 47, 1965 ex.s. House Joint Resolution No. 7, p 2821.
manner as such taxation may be authorized or permitted Approved November 8, 1966.]
under the laws of the United States, notwithstanding anything
to the contrary in the Constitution of this state. [AMEND- SECTION 11 TAXATION BASED ON ACTUAL
Article VII Section 11

MENT 19, 1945 House Joint Resolution No. 9, p 932. USE. Nothing in this Article VII as amended shall prevent
Approved November, 1946.] the legislature from providing, subject to such conditions as it
[Page 30] (Rev. 12-10)
Constitution of the State of Washington Article VIII Section 1

may enact, that the true and fair value in money (a) of farms, (h) This section takes effect July 1, 2008. [AMEND-
agricultural lands, standing timber and timberlands, and (b) MENT 99, 2007 Engrossed Substitute Senate Joint Resolu-
of other open space lands which are used for recreation or for tion No. 8206, pp 3146, 3147. Approved November 6, 2007.]
enjoyment of their scenic or natural beauty shall be based on
the use to which such property is currently applied, and such ARTICLE VIII
values shall be used in computing the assessed valuation of STATE, COUNTY, AND
such property in the same manner as the assessed valuation is MUNICIPAL INDEBTEDNESS
computed for all property. [AMENDMENT 53, 1967 House
Joint Resolution No. 1; see 1969 p 2976. Approved Novem- SECTION 1 STATE DEBT. (a) The state may con-
Article VIII Section 1

ber 5, 1968.] tract debt, the principal of which shall be paid and discharged
within thirty years from the time of contracting thereof, in the
S E C T I O N 1 2 B UD G E T S T A B I L I Z A T I O N manner set forth herein.
Article VII Section 12

ACCOUNT. (a) A budget stabilization account shall be (b) The aggregate debt contracted by the state shall not
established and maintained in the state treasury. exceed that amount for which payments of principal and
(b) By June 30th of each fiscal year, an amount equal to interest in any fiscal year would require the state to expend
one percent of the general state revenues for that fiscal year more than nine percent of the arithmetic mean of its general
shall be transferred to the budget stabilization account. Noth- state revenues for the three immediately preceding fiscal
ing in this subsection (b) shall prevent the appropriation of years as certified by the treasurer. The term "fiscal year"
additional amounts to the budget stabilization account. means that period of time commencing July 1 of any year and
(c) Each fiscal quarter, the state economic and revenue ending on June 30 of the following year.
forecast council appointed and authorized as provided by (c) The term "general state revenues" when used in this
statute, or successor entity, shall estimate state employment section, shall include all state money received in the treasury
growth for the current and next two fiscal years. from each and every source whatsoever except: (1) Fees and
(d) Moneys may be withdrawn and appropriated from revenues derived from the ownership or operation of any
the budget stabilization account as follows: undertaking, facility, or project; (2) Moneys received as gifts,
(i) If the governor declares a state of emergency resulting grants, donations, aid, or assistance or otherwise from the
from a catastrophic event that necessitates government action United States or any department, bureau, or corporation
to protect life or public safety, then for that fiscal year mon- thereof, or any person, firm, or corporation, public or private,
eys may be withdrawn and appropriated from the budget sta- when the terms and conditions of such gift, grant, donation,
bilization account, via separate legislation setting forth the aid, or assistance require the application and disbursement of
nature of the emergency and containing an appropriation lim- such moneys otherwise than for the general purposes of the
ited to the above-authorized purposes as contained in the dec- state of Washington; (3) Moneys to be paid into and received
laration, by a favorable vote of a majority of the members from retirement system funds, and performance bonds and
elected to each house of the legislature. deposits; (4) Moneys to be paid into and received from trust
(ii) If the employment growth forecast for any fiscal year funds including but not limited to moneys received from
is estimated to be less than one percent, then for that fiscal taxes levied for specific purposes and the several permanent
year moneys may be withdrawn and appropriated from the and irreducible funds of the state and the moneys derived
budget stabilization account by the favorable vote of a major- therefrom but excluding bond redemption funds; (5) Pro-
ity of the members elected to each house of the legislature. ceeds received from the sale of bonds or other evidences of
(iii) Any amount may be withdrawn and appropriated indebtedness.
from the budget stabilization account at any time by the (d) In computing the amount required for payment of
favorable vote of at least three-fifths of the members of each principal and interest on outstanding debt under this section,
house of the legislature. debt shall be construed to mean borrowed money represented
(e) Amounts in the budget stabilization account may be by bonds, notes, or other evidences of indebtedness which are
invested as provided by law and retained in that account. secured by the full faith and credit of the state or are required
When the balance in the budget stabilization account, includ- to be repaid, directly or indirectly, from general state reve-
ing investment earnings, equals more than ten percent of the nues and which are incurred by the state, any department,
estimated general state revenues in that fiscal year, the legis- authority, public corporation, or quasi public corporation of
lature by the favorable vote of a majority of the members the state, any state university or college, or any other public
elected to each house of the legislature may withdraw and agency created by the state but not by counties, cities, towns,
appropriate the balance to the extent that the balance exceeds school districts, or other municipal corporations, but shall not
ten percent of the estimated general state revenues. Appro- include obligations for the payment of current expenses of
priations under this subsection (e) may be made solely for state government, nor shall it include debt hereafter incurred
deposit to the education construction fund. pursuant to section 3 of this article, obligations guaranteed as
(f) As used in this section, "general state revenues" has provided for in subsection (g) of this section, principal of
the meaning set forth in Article VIII, section 1 of the Consti- bond anticipation notes or obligations issued to fund or
tution. Forecasts and estimates shall be made by the state refund the indebtedness of the Washington state building
economic and revenue forecast council appointed and autho- authority. In addition, for the purpose of computing the
rized as provided by statute, or successor entity. amount required for payment of interest on outstanding debt
(g) The legislature shall enact appropriate laws to carry under subsection (b) of this section and this subsection,
out the purposes of this section. "interest" shall be reduced by subtracting the amount sched-
(Rev. 12-10) [Page 31]
Article VIII Section 1 Constitution of the State of Washington

uled to be received by the state as payments from the federal same falls due, but in any event, any court of record may
government in each year in respect of bonds, notes, or other compel such payment.
evidences of indebtedness subject to this section. (k) Notwithstanding the limitations contained in subsec-
(e) The state may pledge the full faith, credit, and taxing tion (b) of this section, the state may issue certificates of
power of the state to guarantee the voter approved general indebtedness in such sum or sums as may be necessary to
obligation debt of school districts in the manner authorized meet temporary deficiencies of the treasury, to preserve the
by the legislature. Any such guarantee does not remove the best interests of the state in the conduct of the various state
debt obligation of the school district and is not state debt. institutions, departments, bureaus, and agencies during each
(f) The state may, without limitation, fund or refund, at fiscal year; such certificates may be issued only to provide for
or prior to maturity, the whole or any part of any existing debt appropriations already made by the legislature and such cer-
or of any debt hereafter contracted pursuant to section 1, sec- tificates must be retired and the debt discharged other than by
tion 2, or section 3 of this article, including any premium pay- refunding within twelve months after the date of incurrence.
able with respect thereto and interest thereon, or fund or (l) Bonds, notes, or other obligations issued and sold by
refund, at or prior to maturity, the whole or any part of any the state of Washington pursuant to and in conformity with
indebtedness incurred or authorized prior to the effective date this article shall not be invalid for any irregularity or defect in
of this amendment by any entity of the type described in sub- the proceedings of the issuance or sale thereof and shall be
section (h) of this section, including any premium payable incontestable in the hands of a bona fide purchaser or holder
with respect thereto and any interest thereon. Such funding thereof. [AMENDMENT 103, 2010 Senate Joint Resolution
or refunding shall not be deemed to be contracting debt by the No. 8225, p 3129-3132. Approved November 2, 2010.]
state.
Amendment 92, (1999) — Art. 8 Section 1 STATE DEBT — (a) The
(g) Notwithstanding the limitation contained in subsec- state may contract debt, the principal of which shall be paid and discharged
tion (b) of this section, the state may pledge its full faith, within thirty years from the time of contracting thereof, in the manner set
credit, and taxing power to guarantee the payment of any forth herein.
obligation payable from revenues received from any of the (b) The aggregate debt contracted by the state shall not exceed that
following sources: (1) Fees collected by the state as license 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
fees for motor vehicles; (2) Excise taxes collected by the state its general state revenues for the three immediately preceding fiscal years as
on the sale, distribution or use of motor vehicle fuel; and (3) certified by the treasurer. The term "fiscal year" means that period of time
Interest on the permanent common school fund: Provided, commencing July 1 of any year and ending on June 30 of the following year.
That the legislature shall, at all times, provide sufficient rev- (c) The term "general state revenues" when used in this section, shall
enues from such sources to pay the principal and interest due include all state money received in the treasury from each and every source
on all obligations for which said source of revenue is whatsoever except: (1) Fees and revenues derived from the ownership or
operation of any undertaking, facility, or project; (2) Moneys received as
pledged. gifts, grants, donations, aid, or assistance or otherwise from the United
(h) No money shall be paid from funds in custody of the States or any department, bureau, or corporation thereof, or any person,
treasurer with respect to any debt contracted after the effec- firm, or corporation, public or private, when the terms and conditions of
tive date of this amendment by the Washington state building such gift, grant, donation, aid, or assistance require the application and dis-
bursement of such moneys otherwise than for the general purposes of the
authority, the capitol committee, or any similar entity exist- state of Washington; (3) Moneys to be paid into and received from retire-
ing or operating for similar purposes pursuant to which such ment system funds, and performance bonds and deposits; (4) Moneys to be
entity undertakes to finance or provide a facility for use or paid into and received from trust funds including but not limited to moneys
occupancy by the state or any agency, department, or instru- received from taxes levied for specific purposes and the several permanent
and irreducible funds of the state and the moneys derived therefrom but
mentality thereof. excluding bond redemption funds; (5) Proceeds received from the sale of
(i) The legislature shall prescribe all matters relating to bonds or other evidences of indebtedness.
the contracting, funding or refunding of debt pursuant to this (d) In computing the amount required for payment of principal and
section, including: The purposes for which debt may be con- interest on outstanding debt under this section, debt shall be construed to
tracted; by a favorable vote of three-fifths of the members 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
elected to each house, the amount of debt which may be con- required to be repaid, directly or indirectly, from general state revenues and
tracted for any class of such purposes; the kinds of notes, which are incurred by the state, any department, authority, public corpora-
bonds, or other evidences of debt which may be issued by the tion, or quasi public corporation of the state, any state university or college,
state; and the manner by which the treasurer shall determine or any other public agency created by the state but not by counties, cities,
towns, school districts, or other municipal corporations, but shall not
and advise the legislature, any appropriate agency, officer, or include obligations for the payment of current expenses of state government,
instrumentality of the state as to the available debt capacity nor shall it include debt hereafter incurred pursuant to section 3 of this arti-
within the limitation set forth in this section. The legislature cle, obligations guaranteed as provided for in subsection (g) of this section,
may delegate to any state officer, agency, or instrumentality principal of bond anticipation notes or obligations issued to fund or refund
the indebtedness of the Washington state building authority.
any of its powers relating to the contracting, funding or
(e) The state may pledge the full faith, credit, and taxing power of the
refunding of debt pursuant to this section except its power to state to guarantee the voter approved general obligation debt of school dis-
determine the amount and purposes for which debt may be tricts in the manner authorized by the legislature. Any such guarantee does
contracted. not remove the debt obligation of the school district and is not state debt.
(j) The full faith, credit, and taxing power of the state of (f) The state may, without limitation, fund or refund, at or prior to
Washington are pledged to the payment of the debt created on maturity, the whole or any part of any existing debt or of any debt hereafter
behalf of the state pursuant to this section and the legislature contracted pursuant to section 1, section 2, or section 3 of this article,
including any premium payable with respect thereto and interest thereon, or
shall provide by appropriation for the payment of the interest fund or refund, at or prior to maturity, the whole or any part of any indebt-
upon and installments of principal of all such debt as the edness incurred or authorized prior to the effective date of this amendment
[Page 32] (Rev. 12-10)
Constitution of the State of Washington Article VIII Section 1

by any entity of the type described in subsection (h) of this section, including received from taxes levied for specific purposes and the several permanent
any premium payable with respect thereto and any interest thereon. Such and irreducible funds of the state and the moneys derived therefrom but
funding or refunding shall not be deemed to be contracting debt by the state. excluding bond redemption funds; (5) Proceeds received from the sale of
(g) Notwithstanding the limitation contained in subsection (b) of this bonds or other evidences of indebtedness.
section, the state may pledge its full faith, credit, and taxing power to guar- (d) In computing the amount required for payment of principal and
antee the payment of any obligation payable from revenues received from interest on outstanding debt under this section, debt shall be construed to
any of the following sources: (1) Fees collected by the state as license fees mean borrowed money represented by bonds, notes, or other evidences of
for motor vehicles; (2) Excise taxes collected by the state on the sale, distri- indebtedness which are secured by the full faith and credit of the state or are
bution or use of motor vehicle fuel; and (3) Interest on the permanent com- required to be repaid, directly or indirectly, from general state revenues and
mon school fund: Provided, That the legislature shall, at all times, provide which are incurred by the state, any department, authority, public corpora-
sufficient revenues from such sources to pay the principal and interest due tion, or quasi public corporation of the state, any state university or college,
on all obligations for which said source of revenue is pledged. or any other public agency created by the state but not by counties, cities,
(h) No money shall be paid from funds in custody of the treasurer with towns, school districts, or other municipal corporations, but shall not
respect to any debt contracted after the effective date of this amendment by include obligations for the payment of current expenses of state government,
the Washington state building authority, the capitol committee, or any simi- nor shall it include debt hereafter incurred pursuant to section 3 of this arti-
lar entity existing or operating for similar purposes pursuant to which such cle, obligations guaranteed as provided for in subsection (f) of this section,
entity undertakes to finance or provide a facility for use or occupancy by the principal of bond anticipation notes or obligations issued to fund or refund
state or any agency, department, or instrumentality thereof. the indebtedness of the Washington state building authority.
(i) The legislature shall prescribe all matters relating to the contract- (e) The state may, without limitation, fund or refund, at or prior to
ing, funding or refunding of debt pursuant to this section, including: The maturity, the whole or any part of any existing debt or of any debt hereafter
purposes for which debt may be contracted; by a favorable vote of three- contracted pursuant to section 1, section 2, or section 3 of this article,
fifths of the members elected to each house, the amount of debt which may be including any premium payable with respect thereto and interest thereon, or
contracted for any class of such purposes; the kinds of notes, bonds, or other fund or refund, at or prior to maturity, the whole or any part of any indebt-
evidences of debt which may be issued by the state; and the manner by which edness incurred or authorized prior to the effective date of this amendment
the treasurer shall determine and advise the legislature, any appropriate by any entity of the type described in subsection (g) of this section, including
agency, officer, or instrumentality of the state as to the available debt capac- any premium payable with respect thereto and any interest thereon. Such
ity within the limitation set forth in this section. The legislature may delegate funding or refunding shall not be deemed to be contracting debt by the state.
to any state officer, agency, or instrumentality any of its powers relating to (f) Notwithstanding the limitation contained in subsection (b) of this
the contracting, funding or refunding of debt pursuant to this section except section, the state may pledge its full faith, credit, and taxing power to guar-
its power to determine the amount and purposes for which debt may be con- antee the payment of any obligation payable from revenues received from
tracted. any of the following sources: (1) Fees collected by the state as license fees
(j) The full faith, credit, and taxing power of the state of Washington for motor vehicles; (2) Excise taxes collected by the state on the sale, distri-
are pledged to the payment of the debt created on behalf of the state pursuant bution or use of motor vehicle fuel; and (3) Interest on the permanent com-
to this section and the legislature shall provide by appropriation for the pay- mon school fund: Provided, That the legislature shall, at all times, provide
ment of the interest upon and installments of principal of all such debt as the sufficient revenues from such sources to pay the principal and interest due
same falls due, but in any event, any court of record may compel such pay- on all obligations for which said source of revenue is pledged.
ment. (g) No money shall be paid from funds in custody of the treasurer with
(k) Notwithstanding the limitations contained in subsection (b) of this respect to any debt contracted after the effective date of this amendment by
section, the state may issue certificates of indebtedness in such sum or sums the Washington state building authority, the capitol committee, or any simi-
as may be necessary to meet temporary deficiencies of the treasury, to pre- lar entity existing or operating for similar purposes pursuant to which such
serve the best interests of the state in the conduct of the various state institu- entity undertakes to finance or provide a facility for use or occupancy by the
tions, departments, bureaus, and agencies during each fiscal year; such cer- state or any agency, department, or instrumentality thereof.
tificates may be issued only to provide for appropriations already made by
the legislature and such certificates must be retired and the debt discharged (h) The legislature shall prescribe all matters relating to the contract-
other than by refunding within twelve months after the date of incurrence. ing, funding or refunding of debt pursuant to this section, including: The
purposes for which debt may be contracted; by a favorable vote of three-
(l) Bonds, notes, or other obligations issued and sold by the state of fifths of the members elected to each house, the amount of debt which may be
Washington pursuant to and in conformity with this article shall not be contracted for any class of such purposes; the kinds of notes, bonds, or other
invalid for any irregularity or defect in the proceedings of the issuance or evidences of debt which may be issued by the state; and the manner by which
sale thereof and shall be incontestable in the hands of a bona fide purchaser the treasurer shall determine and advise the legislature, any appropriate
or holder thereof. [AMENDMENT 92, 1999 Senate Joint Resolution No. agency, officer, or instrumentality of the state as to the available debt capac-
8206, p 2387. Approved November 2, 1999.] ity 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
Amendment 60, part, (1972) — Art. 8 Section 1 STATE DEBT — the contracting, funding or refunding of debt pursuant to this section except
(a) The state may contract debt, the principal of which shall be paid and dis- its power to determine the amount and purposes for which debt may be con-
charged within thirty years from the time of contracting thereof, in the man- tracted.
ner set forth herein.
(i) The full faith, credit, and taxing power of the state of Washington
(b) The aggregate debt contracted by the state shall not exceed that
are pledged to the payment of the debt created on behalf of the state pursuant
amount for which payments of principal and interest in any fiscal year would to this section and the legislature shall provide by appropriation for the pay-
require the state to expend more than nine percent of the arithmetic mean of ment of the interest upon and installments of principal of all such debt as the
its general state revenues for the three immediately preceding fiscal years as same falls due, but in any event, any court of record may compel such pay-
certified by the treasurer. The term "fiscal year" means that period of time ment.
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 (j) Notwithstanding the limitations contained in subsection (b) of this
include all state money received in the treasury from each and every source section, the state may issue certificates of indebtedness in such sum or sums
whatsoever except: (1) Fees and revenues derived from the ownership or as may be necessary to meet temporary deficiencies of the treasury, to pre-
operation of any undertaking, facility, or project; (2) Moneys received as serve the best interests of the state in the conduct of the various state institu-
gifts, grants, donations, aid, or assistance or otherwise from the United tions, departments, bureaus, and agencies during each fiscal year; such cer-
States or any department, bureau, or corporation thereof, or any person, tificates may be issued only to provide for appropriations already made by
firm, or corporation, public or private, when the terms and conditions of the legislature and such certificates must be retired and the debt discharged
such gift, grant, donation, aid, or assistance require the application and dis- other than by refunding within twelve months after the date of incurrence.
bursement of such moneys otherwise than for the general purposes of the (k) Bonds, notes, or other obligations issued and sold by the state of
state of Washington; (3) Moneys to be paid into and received from retire- Washington pursuant to and in conformity with this article shall not be
ment system funds, and performance bonds and deposits; (4) Moneys to be invalid for any irregularity or defect in the proceedings of the issuance or
paid into and received from trust funds including but not limited to moneys sale thereof and shall be incontestable in the hands of a bona fide purchaser
(Rev. 12-10) [Page 33]
Article VIII Section 2 Constitution of the State of Washington

or holder thereof. [AMENDMENT 60, part, 1971 House Joint Resolution appropriation by law; nor unless such payment be made
No. 52, part, p 1836. Approved November, 1972.] within one calendar month after the end of the next ensuing
Original text — Art. 8 Section 1 LIMITATION OF STATE DEBT fiscal biennium, and every such law making a new appropri-
— The state may to meet casual deficits or failure in revenues, or for ation, or continuing or reviving an appropriation, shall dis-
expenses not provided for, contract debts, but such debts, direct and contin- tinctly specify the sum appropriated, and the object to which
gent, 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
it is to be applied, and it shall not be sufficient for such law to
such debts shall be applied to the purpose for which they were obtained or to refer to any other law to fix such sum. [AMENDMENT 11,
repay the debts so contracted, and to no other purpose whatever. 1921 p 80 Section 1. Approved November, 1922.]
Original text — Art. 8 Section 4 MONEYS DISBURSED ONLY
SECTION 2 POWERS EXTENDED IN CERTAIN
Article VIII Section 2

BY APPROPRIATIONS — No moneys shall ever be paid out of the trea-


CASES. In addition to the above limited power to contract sury of this state, or any of its funds, or any of the funds under its manage-
debts the state may contract debts to repel invasion, suppress ment, except in pursuance of an appropriation by law; nor unless such pay-
insurrection, or to defend the state in war, but the money aris- ment be made within two years from the first day of May next after the pas-
sage of such appropriation act, and every such law making a new
ing from the contracting of such debts shall be applied to the appropriation, or continuing or reviving an appropriation, shall distinctly
purpose for which it was raised and to no other purpose what- specify the sum appropriated, and the object to which it is to be applied, and
ever. it shall not be sufficient for such law to refer to any other law to fix such sum.

SECTION 3 SPECIAL INDEBTEDNESS, HOW SECTION 5 CREDIT NOT TO BE LOANED. The


Article VIII Section 3 Article VIII Section 5

AUTHORIZED. Except the debt specified in sections one credit of the state shall not, in any manner be given or loaned
and two of this article, no debts shall hereafter be contracted to, or in aid of, any individual, association, company or cor-
by, or on behalf of this state, unless such debt shall be autho- poration.
rized by law for some single work or object to be distinctly
specified therein. No such law shall take effect until it shall, SECTION 6 LIMITATIONS UPON MUNICIPAL
Article VIII Section 6

at a general election, or a special election called for that pur- INDEBTEDNESS. No county, city, town, school district,
pose, have been submitted to the people and have received a or other municipal corporation shall for any purpose become
majority of all the votes cast for and against it at such elec- indebted in any manner to an amount exceeding one and one-
tion. [AMENDMENT 60, part, 1971 House Joint Resolu- half per centum of the taxable property in such county, city,
tion No. 52, part, p 1836. Approved November, 1972.] town, school district, or other municipal corporation, without
Amendment 48 (1966) — Art. 8 Section 3 SPECIAL INDEBTED- the assent of three-fifths of the voters therein voting at an
NESS, HOW AUTHORIZED — Except the debt specified in sections one election to be held for that purpose, nor in cases requiring
and two of this article, no debts shall hereafter be contracted by, or on behalf such assent shall the total indebtedness at any time exceed
of this state, unless such debt shall be authorized by law for some single work five per centum on the value of the taxable property therein,
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
to be ascertained by the last assessment for state and county
falls due, and also to pay and discharge the principal of such debt within purposes previous to the incurring of such indebtedness,
twenty years from the time of the contracting thereof. No such law shall take except that in incorporated cities the assessment shall be
effect until it shall, at a general election, have been submitted to the people taken from the last assessment for city purposes: Provided,
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
That no part of the indebtedness allowed in this section shall
to the specific object therein stated, or to the payment of the debt thereby cre- be incurred for any purpose other than strictly county, city,
ated, and notice that such law will be submitted to the people shall be pub- town, school district, or other municipal purposes: Provided
lished at least four times during the four weeks next preceding the election in further, That (a) any city or town, with such assent, may be
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
allowed to become indebted to a larger amount, but not
election. [AMENDMENT 48, 1965 ex.s. House Joint Resolution No. 39, p exceeding five per centum additional for supplying such city
2822. Approved November 8, 1966.] or town with water, artificial light, and sewers, when the
works for supplying such water, light, and sewers shall be
Original text — Art. 8 Section 3 SPECIAL INDEBTEDNESS
HOW AUTHORIZED — Except the debt specified in sections one and two owned and controlled by the municipality and (b) any school
of this article, no debts shall hereafter be contracted by, or on behalf of this district with such assent, may be allowed to become indebted
state, unless such debt shall be authorized by law for some single work or to a larger amount but not exceeding five per centum addi-
object to be distinctly specified therein, which law shall provide ways and tional for capital outlays. [AMENDMENT 27, 1951 House
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 Joint Resolution No. 8, p 961. Approved November 4, 1952.]
twenty years from the time of the contracting thereof. No such law shall take Provisions of Art. 7 Section 2 (Limitation on Levies) also subject to limita-
effect until it shall, at a general election, have been submitted to the people tions contained in Art. 8 Section 6: Art. 7 Section 2 (b).
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 Original text — Art. 8 Section 6 LIMITATIONS UPON MUNICI-
to the specific object therein stated, or to the payment of the debt thereby cre- PAL INDEBTEDNESS — No county, city, town, school district or other
ated, and such law shall be published in at least one newspaper in each municipal corporation, shall for any purpose become indebted in any man-
county, if one be published therein, throughout the state, for three months ner to an amount exceeding one and one-half percentum of the taxable prop-
next preceding the election at which it is submitted to the people. erty in such county, city, town, school district or other municipal corpora-
tion, without the assent of three-fifths of the voters therein, voting at an elec-
SECTION 4 MONEYS DISBURSED ONLY BY tion to be held for that purpose, nor in cases requiring such assent shall the
Article VIII Section 4

total indebtedness at any time exceed five per centum on the value of the tax-
APPROPRIATIONS. No moneys shall ever be paid out of able property therein, to be ascertained by the last assessment for state, and
the treasury of this state, or any of its funds, or any of the county purposes previous to the incurring of such indebtedness; except that
funds under its management, except in pursuance of an in incorporated cities the assessment shall be taken from the last assessment
[Page 34] (Rev. 12-10)
Constitution of the State of Washington Article VIII Section 11

for city purposes; Provided, That no part of the indebtedness allowed in this equipment in financing the acquisition and installation of
section, shall be incurred for any purpose other than strictly county, city, materials and equipment for the conservation or more effi-
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 cient use of water, energy, or stormwater or sewer services in
larger amount but not exceeding five per centum additional for supplying such structures or equipment. Except as provided in section
such city or town with water, artificial light, and sewers, when the works for 7 of this Article, an appropriate charge back shall be made for
supplying such water, light, and sewers shall be owned and controlled by the such extension of public moneys or credit and the same shall
municipality.
be a lien against the structure benefited or a security interest
in the equipment benefited. Any financing for energy conser-
SECTION 7 CREDIT NOT TO BE LOANED. No
Article VIII Section 7

vation authorized by this article shall only be used for conser-


county, city, town or other municipal corporation shall here-
vation purposes in existing structures and shall not be used
after give any money, or property, or loan its money, or credit
for any purpose which results in a conversion from one
to or in aid of any individual, association, company or corpo-
energy source to another. [AMENDMENT 91, 1997 House
ration, except for the necessary support of the poor and
Joint Resolution No. 4209, p 3065. Approved November 4,
infirm, or become directly or indirectly the owner of any
1997.]
stock in or bonds of any association, company or corporation.
Amendment 86 (1989) — Art. 8 Section 10 ENERGY AND
SECTION 8 PORT EXPENDITURES — INDUS-
Article VIII Section 8
WATER CONSERVATION ASSISTANCE — Notwithstanding the pro-
visions of section 7 of this Article, any county, city, town, quasi municipal
TRIAL DEVELOPMENT —PROMOTION. The use of corporation, municipal corporation, or political subdivision of the state
public funds by port districts in such manner as may be pre- which is engaged in the sale or distribution of water or energy may, as
scribed by the legislature for industrial development or trade authorized by the legislature, use public moneys or credit derived from oper-
promotion and promotional hosting shall be deemed a public ating revenues from the sale of water or energy to assist the owners of struc-
tures or equipment in financing the acquisition and installation of materials
use for a public purpose, and shall not be deemed a gift within and equipment for the conservation or more efficient use of water or energy
the provisions of section 7 of this Article. [AMENDMENT in such structures or equipment. Except as provided in section 7 of this Arti-
45, 1965 ex.s. Senate Joint Resolution No. 25, p 2819. cle, an appropriate charge back shall be made for such extension of public
Approved November 8, 1966.] 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
SECTION 9 STATE BUILDING AUTHORITY.
Article VIII Section 9

purposes in existing structures and shall not be used for any purpose which
The legislature is empowered notwithstanding any other pro- results in a conversion from one energy source to another. [AMENDMENT
vision in this Constitution, to provide for a state building 86, 1989 Senate Joint Resolution No. 8210, p 3003. Approved November 7,
1989.]
authority in corporate and politic form which may contract
with agencies or departments of the state government to con- Amendment 82 (1988) — Art. 8 Section 10 RESIDENTIAL
struct upon land owned by the state or its agencies, or to be ENERGY CONSERVATION — Notwithstanding the provisions of sec-
tion 7 of this Article, any county, city, town, quasi municipal corporation,
acquired by the state building authority, buildings and appur- municipal corporation, or political subdivision of the state which is engaged
tenant improvements which such state agencies or depart- in the sale or distribution of energy may, as authorized by the legislature, use
ments are hereby empowered to lease at reasonable rental public moneys or credit derived from operating revenues from the sale of
rates from the Washington state building authority for terms energy to assist the owners of structures or equipment in financing the acqui-
sition and installation of materials and equipment for the conservation or
up to seventy-five years with provisions for eventual vesting more efficient use of energy in such structures or equipment. Except as pro-
of title in the state or its agencies. This section shall not be vided in section 7 of this Article, an appropriate charge back shall be made
construed as authority to provide buildings through lease or for such extension of public moneys or credit and the same shall be a lien
otherwise to nongovernmental entities. The legislature may against the structure benefited or a security interest in the equipment bene-
fited. Any financing authorized by this article shall only be used for conser-
authorize the state building authority to borrow funds solely vation purposes in existing structures and shall not be used for any purpose
upon its own credit and to issue bonds or other evidences of which results in a conversion from one energy source to another. [AMEND-
indebtedness therefor to be repaid from its revenues and to MENT 82, 1988 House Joint Resolution No. 4223, p 1552. Approved
secure the same by pledging its income or mortgaging its November 8, 1988.]
leaseholds. The provisions of sections 1 and 3 of this article Amendment 70 (1979) — Art. 8 Section 10 RESIDENTIAL
shall not apply to indebtedness incurred pursuant to this sec- ENERGY CONSERVATION — Notwithstanding the provisions of sec-
tion. [AMENDMENT 51, 1967 Senate Joint Resolution No. tion 7 of this Article, until January 1, 1990 any county, city, town, quasi
17; see 1969 p 2976. Approved November 5, 1968.] municipal corporation, municipal corporation, or political subdivision of the
state which is engaged in the sale or distribution of energy may, as autho-
Reviser’s note: This section which was adopted as Sec. 8, is herein rized by the legislature, use public moneys or credit derived from operating
renumbered Sec. 9, to avoid confusion with Sec. 8, supra. 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
SECTION 10 ENERGY, WATER, OR STORM-
Article VIII Section 10

as provided in section 7 of this Article, an appropriate charge back shall be


WATER OR SEWER SERVICES CONSERVATION made for such extension of public moneys or credit and the same shall be a
ASSISTANCE. Notwithstanding the provisions of section lien against the residential structure benefited. Except as to contracts
entered into prior thereto, this amendment to the state Constitution shall be
7 of this Article, any county, city, town, quasi municipal cor- null and void as of January 1, 1990 and shall have no further force or effect
poration, municipal corporation, or political subdivision of after that date. [AMENDMENT 70, Substitute Senate Joint Resolution No.
the state which is engaged in the sale or distribution of water, 120, p 2288. Approved November 6, 1979.]
energy, or stormwater or sewer services may, as authorized
by the legislature, use public moneys or credit derived from SECTION 11 AGRICULTURAL COMMODITY
Article VIII Section 11

operating revenues from the sale of water, energy, or storm- ASSESSMENTS —DEVELOPMENT, PROMOTION,
water or sewer services to assist the owners of structures or AND HOSTING. The use of agricultural commodity
(Rev. 12-10) [Page 35]
Article IX Section 1 Constitution of the State of Washington

assessments by agricultural commodity commissions in such other crops from school and state lands subsequent to June
manner as may be prescribed by the legislature for agricul- 30, 1965, other than those granted for specific purposes; (2)
tural development or trade promotion and promotional host- the interest accruing on said permanent common school fund
ing shall be deemed a public use for a public purpose, and from and after July 1, 1967, together with all rentals and other
shall not be deemed a gift within the provisions of section 5 revenues derived therefrom and from lands and other prop-
of this article. [AMENDMENT 76, 1985 House Joint Reso- erty devoted to the permanent common school fund from and
lution No. 42, p 2402. Approved November 5, 1985.] after July 1, 1967; and (3) such other sources as the legisla-
ture may direct. That portion of the common school con-
ARTICLE IX struction fund derived from interest on the permanent com-
EDUCATION mon school fund may be used to retire such bonds as may be
authorized by law for the purpose of financing the construc-
tion of facilities for the common schools.
SECTION 1 PREAMBLE. It is the paramount duty
Article IX Section 1

The interest accruing on the permanent common school


of the state to make ample provision for the education of all
fund together with all rentals and other revenues accruing
children residing within its borders, without distinction or
thereto pursuant to subsection (2) of this section during the
preference on account of race, color, caste, or sex.
period after the effective date of this amendment and prior to
July 1, 1967, shall be exclusively applied to the current use of
SECTION 2 PUBLIC SCHOOL SYSTEM. The leg-
Article IX Section 2

the common schools.


islature shall provide for a general and uniform system of To the extent that the moneys in the common school con-
public schools. The public school system shall include com- struction fund are in excess of the amount necessary to allow
mon schools, and such high schools, normal schools, and fulfillment of the purpose of said fund, the excess shall be
technical schools as may hereafter be established. But the available for deposit to the credit of the permanent common
entire revenue derived from the common school fund and the school fund or available for the current use of the common
state tax for common schools shall be exclusively applied to schools, as the legislature may direct. [AMENDMENT 43,
the support of the common schools. 1965 ex.s. Senate Joint Resolution No. 22, part 1, p 2817.
Approved November 8, 1966.]
SECTION 3 FUNDS FOR SUPPORT. The principal
Article IX Section 3

Original text — Art. 9 Section 3 FUNDS FOR SUPPORT — The


of the common school fund as the same existed on June 30, principal of the common school fund shall remain permanent and irreduc-
1965, shall remain permanent and irreducible. The said fund ible. The said fund shall be derived from the following named sources, to
shall consist of the principal amount thereof existing on June wit: Appropriations and donations by the state to this fund; donations and
30, 1965, and such additions thereto as may be derived after bequests by individuals to the state or public for common schools; the pro-
ceeds of lands and other property which revert to the state by escheat and
June 30, 1965, from the following named sources, to wit: forfeiture; the proceeds of all property granted to the state when the purpose
Appropriations and donations by the state to this fund; dona- of the grant is not specified, or is uncertain; funds accumulated in the trea-
tions and bequests by individuals to the state or public for sury of the state for the disbursement of which provision has not been made
common schools; the proceeds of lands and other property 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;
which revert to the state by escheat and forfeiture; the pro- all moneys received from persons appropriating timber, stone, minerals or
ceeds of all property granted to the state when the purpose of other property from school and state lands other than those granted for spe-
the grant is not specified, or is uncertain; funds accumulated cific purposes, and all moneys other than rental recovered from persons
in the treasury of the state for the disbursement of which pro- trespassing on said lands; five per centum of the proceeds of the sale of pub-
lic lands lying within the state, which shall be sold by the United States sub-
vision has not been made by law; the proceeds of the sale of sequent to the admission of the state into the Union as approved by section
stone, minerals, or property other than timber and other crops 13 of the act of congress enabling the admission of the state into the Union;
from school and state lands, other than those granted for spe- the principal of all funds arising from the sale of lands and other property
cific purposes; all moneys received from persons appropriat- 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
ing stone, minerals or property other than timber and other said fund. The interest accruing on said fund together with all rentals and
crops from school and state lands other than those granted for other revenues derived therefrom and from lands and other property devoted
specific purposes, and all moneys other than rental recovered to the common school fund shall be exclusively applied to the current use of
from persons trespassing on said lands; five per centum of the the common schools.
proceeds of the sale of public lands lying within the state,
which shall be sold by the United States subsequent to the SECTION 4 SECTARIAN CONTROL OR INFLU-
Article IX Section 4

admission of the state into the Union as approved by section ENCE PROHIBITED. All schools maintained or sup-
13 of the act of congress enabling the admission of the state ported wholly or in part by the public funds shall be forever
into the Union; the principal of all funds arising from the sale free from sectarian control or influence.
of lands and other property which have been, and hereafter
may be granted to the state for the support of common SECTION 5 LOSS OF PERMANENT FUND TO
Article IX Section 5

schools. The legislature may make further provisions for BECOME STATE DEBT. All losses to the permanent
enlarging said fund. common school or any other state educational fund, which
There is hereby established the common school con- shall be occasioned by defalcation, mismanagement or fraud
struction fund to be used exclusively for the purpose of of the agents or officers controlling or managing the same,
financing the construction of facilities for the common shall be audited by the proper authorities of the state. The
schools. The sources of said fund shall be: (1) Those pro- amount so audited shall be a permanent funded debt against
ceeds derived from the sale or appropriation of timber and the state in favor of the particular fund sustaining such loss,
[Page 36] (Rev. 12-10)
Constitution of the State of Washington Article XI Section 4

upon which not less than six per cent annual interest shall be the proposition at a general election shall vote in favor of
paid. The amount of liability so created shall not be counted such removal, and three-fifths of all votes cast on the propo-
as a part of the indebtedness authorized and limited else- sition shall be required to relocate a county seat. A proposi-
where in this Constitution. tion of removal shall not be submitted in the same county
Investment of permanent school fund: Art. 16 Section 5.
more than once in four years.
Governmental continuity during emergency periods: Art. 2 Section 42.
ARTICLE X
MILITIA SECTION 3 NEW COUNTIES. No new counties
Article XI Section 3

shall be established which shall reduce any county to a popu-


SECTION 1 WHO LIABLE TO MILITARY lation less than four thousand (4,000), nor shall a new county
Article X Section 1

DUTY. All able-bodied male citizens of this state between be formed containing a less population than two thousand
the ages of eighteen (18) and forty-five (45) years except (2,000). There shall be no territory stricken from any county
such as are exempt by laws of the United States or by the laws unless a majority of the voters living in such territory shall
of this state, shall be liable to military duty. petition therefor and then only under such other conditions as
may be prescribed by a general law applicable to the whole
SECTION 2 ORGANIZATION — DISCIPLINE —
Article X Section 2

state. Every county which shall be enlarged or created from


OFFICERS — POWER TO CALL OUT. The legislature territory taken from any other county or counties shall be lia-
shall provide by law for organizing and disciplining the mili- ble for a just proportion of the existing debts and liabilities of
tia in such manner as it may deem expedient, not incompati- the county or counties from which such territory shall be
ble with the Constitution and laws of the United States. taken: Provided, That in such accounting neither county
Officers of the militia shall be elected or appointed in such shall be charged with any debt or liability then existing
manner as the legislature shall from time to time direct and incurred in the purchase of any county property, or in the pur-
shall be commissioned by the governor. The governor shall chase or construction of any county buildings then in use, or
have power to call forth the militia to execute the laws of the under construction, which shall fall within and be retained by
state to suppress insurrections and repel invasions. the county: Provided further, That this shall not be construed
to affect the rights of creditors.
SECTION 3 SOLDIERS’ HOME. The legislature
Article X Section 3

shall provide by law for the maintenance of a soldiers’ home SECTION 4 COUNTY GOVERNMENT AND
Article XI Section 4

for honorably discharged Union soldiers, sailors, marines and TOWNSHIP ORGANIZATION. The legislature shall
members of the state militia disabled while in the line of duty establish a system of county government, which shall be uni-
and who are bona fide citizens of the state. form throughout the state except as hereinafter provided, and
by general laws shall provide for township organization,
SECTION 4 PUBLIC ARMS. The legislature shall
Article X Section 4
under which any county may organize whenever a majority
provide by law, for the protection and safe keeping of the of the qualified electors of such county voting at a general
public arms. election shall so determine; and whenever a county shall
adopt township organization, the assessment and collection
SECTION 5 PRIVILEGE FROM ARREST. The
Article X Section 5
of the revenue shall be made, and the business of such county
militia shall, in all cases, except treason, felony and breach of and the local affairs of the several townships therein, shall be
the peace, be privileged from arrest during their attendance at managed and transacted in the manner prescribed by such
musters and elections of officers, and in going to and return- general law.
ing from the same. 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
SECTION 6 EXEMPTION FROM MILITARY
Article X Section 6

county may cause an election to be had, at which election


DUTY. No person or persons, having conscientious scru-
there shall be chosen by the qualified voters of said county
ples against bearing arms, shall be compelled to do militia
not less than fifteen (15) nor more than twenty-five (25) free-
duty in time of peace: Provided, such person or persons shall
holders thereof, as determined by the legislative authority,
pay an equivalent for such exemption.
who shall have been residents of said county for a period of at
least five (5) years preceding their election and who are them-
ARTICLE XI selves qualified electors, whose duty it shall be to convene
COUNTY, CITY, AND TOWNSHIP ORGANIZATION within thirty (30) days after their election and prepare and
propose a charter for such county. Such proposed charter
SECTION 1 EXISTING COUNTIES RECOG-
Article XI Section 1

shall be submitted to the qualified electors of said county, and


NIZED. The several counties of the Territory of Washing- if a majority of such qualified electors voting thereon ratify
ton existing at the time of the adoption of this Constitution the same, it shall become the charter of said county and shall
are hereby recognized as legal subdivisions of this state. become the organic law thereof, and supersede any existing
charter, including amendments thereto, or any existing form
SECTION 2 COUNTY SEATS — LOCATION of county government, and all special laws inconsistent with
Article XI Section 2

AND REMOVAL. No county seat shall be removed unless such charter. Said proposed charter shall be published in two
three-fifths of the qualified electors of the county, voting on (2) legal newspapers published in said county, at least once a
(Rev. 12-10) [Page 37]
Article XI Section 5 Constitution of the State of Washington

week for four (4) consecutive weeks prior to the day of sub- of said charter not more than six (6) months after the election
mitting the same to the electors for their approval as above at which the charter was adopted.
provided. All elections in this section authorized shall only The terms of all elective officers, except the prosecuting
be had upon notice, which notice shall specify the object of attorney, the county superintendent of schools, the judges of
calling such election and shall be given for at least ten (10) the superior court, and the justices of the peace, who are in
days before the day of election in all election districts of said office at the time of the adoption of a Home Rule Charter
county. Said elections may be general or special elections shall terminate as provided in the charter. All appointive
and except as herein provided, shall be governed by the law officers in office at the time the charter goes into effect,
regulating and controlling general or special elections in said whose positions are not abolished thereby, shall continue
county. Such charter may be amended by proposals therefor until their successors shall have qualified.
submitted by the legislative authority of said county to the After the adoption of such charter, such county shall con-
electors thereof at any general election after notice of such tinue to have all the rights, powers, privileges and benefits
submission published as above specified, and ratified by a then possessed or thereafter conferred by general law. All the
majority of the qualified electors voting thereon. In submit- powers, authority and duties granted to and imposed on
ting any such charter or amendment thereto, any alternate county officers by general law, except the prosecuting attor-
article or proposition may be presented for the choice of the ney, the county superintendent of schools, the judges of the
voters and may be voted on separately without prejudice to superior court and the justices of the peace, shall be vested in
others. the legislative authority of the county unless expressly vested
Any home rule charter proposed as herein provided, may in specific officers by the charter. The legislative authority
provide for such county officers as may be deemed necessary may by resolution delegate any of its executive or administra-
to carry out and perform all county functions as provided by tive powers, authority or duties not expressly vested in spe-
charter or by general law, and for their compensation, but cific officers by the charter, to any county officer or officers
shall not affect the election of the prosecuting attorney, the or county employee or employees.
county superintendent of schools, the judges of the superior The provisions of sections 5, 6, 7, and the first sentence
court, and the justices of the peace, or the jurisdiction of the of section 8 of this Article as amended shall not apply to
courts. counties in which the government has been established by
Notwithstanding the foregoing provision for the calling charter adopted under the provisions hereof. The authority
of an election by the legislative authority of such county for conferred on the board of county commissioners by Section
the election of freeholders to frame a county charter, regis- 15 of Article II as amended, shall be exercised by the legisla-
tered voters equal in number to ten (10) per centum of the tive authority of the county. [AMENDMENT 21, 1947 Sen-
voters of any such county voting at the last preceding general ate Joint Resolution No. 5, p 1372. Approved November 2,
1948.]
election, may at any time propose by petition the calling of an
election of freeholders. The petition shall be filed with the Original text — Art. 11 Section 4 COUNTY GOVERNMENT
county auditor of the county at least three (3) months before AND TOWNSHIP ORGANIZATION — The legislature shall establish a
any general election and the proposal that a board of free- system of county government which shall be uniform throughout the state,
and by general laws shall provide for township organization, under which
holders be elected for the purpose of framing a county charter any county may organize whenever a majority of the qualified electors of
shall be submitted to the vote of the people at said general such county voting at a general election shall so determine, and whenever a
election, and at the same election a board of freeholders of county shall adopt township organization the assessment and collection of
not less than fifteen (15) or more than twenty-five (25), as 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
fixed in the petition calling for the election, shall be chosen to the manner prescribed by such general laws.
draft the new charter. The procedure for the nomination of
qualified electors as candidates for said board of freeholders
SECTION 5 COUNTY GOVERNMENT. The leg-
Article XI Section 5

shall be prescribed by the legislative authority of the county,


and the procedure for the framing of the charter and the sub- islature, by general and uniform laws, shall provide for the
mission of the charter as framed shall be the same as in the election in the several counties of boards of county commis-
case of a board of freeholders chosen at an election initiated sioners, sheriffs, county clerks, treasurers, prosecuting attor-
by the legislative authority of the county. neys and other county, township or precinct and district offic-
ers, as public convenience may require, and shall prescribe
In calling for any election of freeholders as provided in their duties, and fix their terms of office: Provided, That the
this section, the legislative authority of the county shall legislature may, by general laws, classify the counties by
apportion the number of freeholders to be elected in accor- population and provide for the election in certain classes of
dance with either the legislative districts or the county com- counties certain officers who shall exercise the powers and
missioner districts, if any, within said county, the number of perform the duties of two or more officers. It shall regulate
said freeholders to be elected from each of said districts to be the compensation of all such officers, in proportion to their
in proportion to the population of said districts as nearly as duties, and for that purpose may classify the counties by pop-
may be. ulation: Provided, That it may delegate to the legislative
Should the charter proposed receive the affirmative vote authority of the counties the right to prescribe the salaries of
of the majority of the electors voting thereon, the legislative its own members and the salaries of other county officers.
authority of the county shall immediately call such special And it shall provide for the strict accountability of such offic-
election as may be provided for therein, if any, and the county ers for all fees which may be collected by them and for all
government shall be established in accordance with the terms public moneys which may be paid to them, or officially come
[Page 38] (Rev. 12-10)
Constitution of the State of Washington Article XI Section 10

into their possession. [AMENDMENT 57, part, 1971 Senate Resolution No. 38, part, p 1829. Approved November,
Joint Resolution No. 38, part, p 1829. Approved November, 1972.]
1972.]
Original text — Art. 11 Section 8 SALARIES AND LIMITA-
Amendment 12 (1924) — Art. 11 Section 5 COUNTY GOVERN- TIONS AFFECTING — The legislature shall fix the compensation by sal-
MENT — The legislature, by general and uniform laws, shall provide for aries of all county officers, and of constables in cities having a population of
the election in the several counties of boards of county commissioners, sher- five thousand and upwards; except that public administrators, surveyors and
iffs, county clerks, treasurers, prosecuting attorneys and other county, town- coroners may or may not be salaried officers. The salary of any county, city,
ship or precinct and district officers, as public convenience may require, and town, or municipal officers shall not be increased or diminished after his
shall prescribe their duties, and fix their terms of office: Provided, That the election, or during his term of office; nor shall the term of any such officer
legislature may, by general laws, classify the counties by population and be extended beyond the period for which he is elected or appointed.
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
SECTION 9 STATE TAXES NOT TO BE
Article XI Section 9

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 RELEASED OR COMMUTED. No county, nor the
shall provide for the strict accountability of such officers for all fees which inhabitants thereof, nor the property therein, shall be released
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 or discharged from its or their proportionate share of taxes to
255 Section 1. Approved November, 1924.] be levied for state purposes, nor shall commutation for such
taxes be authorized in any form whatever.
Original text — Art. 11 Section 5 ELECTION AND COMPENSA-
TION OF COUNTY OFFICERS — The legislature by general and uni-
form laws shall provide for the election in the several counties of boards of SECTION 10 INCORPORATION OF MUNICI-
Article XI Section 10

county commissioners, sheriffs, county clerks, treasurers, prosecuting attor-


neys, and other county, township or precinct and district officers as public
PALITIES. Corporations for municipal purposes shall not
convenience may require, and shall prescribe their duties, and fix their terms be created by special laws; but the legislature, by general
of office. It shall regulate the compensation of all such officers, in propor- laws, shall provide for the incorporation, organization and
tion to their duties, and for that purpose may classify the counties by popu- classification in proportion to population, of cities and towns,
lation. 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
which laws may be altered, amended or repealed. Cities and
be paid to them, or officially come into their possession. towns heretofore organized, or incorporated may become
organized under such general laws whenever a majority of
SECTION 6 VACANCIES IN TOWNSHIP, PRE-
Article XI Section 6
the electors voting at a general election, shall so determine,
CINCT OR ROAD DISTRICT OFFICE. The board of and shall organize in conformity therewith; and cities or
county commissioners in each county shall fill all vacancies towns heretofore or hereafter organized, and all charters
occurring in any township, precinct or road district office of thereof framed or adopted by authority of this Constitution
such county by appointment, and officers thus appointed shall be subject to and controlled by general laws. Any city
shall hold office till the next general election, and until their containing a population of ten thousand inhabitants, or more,
successors are elected and qualified. [AMENDMENT 52, shall be permitted to frame a charter for its own government,
part, 1967 Senate Joint Resolution No. 24, part. Approved consistent with and subject to the Constitution and laws of
November 5, 1968.] this state, and for such purpose the legislative authority of
such city may cause an election to be had at which election
Governmental continuity during emergency periods: Art. 2 Section 42. there shall be chosen by the qualified electors of said city, fif-
Vacancies in legislature and in partisan county elective office: Art. 2 Section teen freeholders thereof, who shall have been residents of
15. said city for a period of at least two years preceding their
election and qualified electors, whose duty it shall be to con-
Original text — Art. 11 Section 6 VACANCIES IN COUNTY,
ETC., OFFICES, HOW FILLED — The board of county commissioners vene within ten days after their election, and prepare and pro-
in each county shall fill all vacancies occurring in any county, township, pre- pose a charter for such city. Such proposed charter shall be
cinct or road district office of such county by appointment, and officers thus submitted to the qualified electors of said city, and if a major-
appointed shall hold office till the next general election, and until their suc- ity of such qualified electors voting thereon ratify the same, it
cessors are elected and qualified.
shall become the charter of said city, and shall become the
organic law thereof, and supersede any existing charter
SECTION 7 TENURE OF OFFICE LIMITED TO
Article XI Section 7

including amendments thereto, and all special laws inconsis-


TWO TERMS. [Repealed by AMENDMENT 22, 1947 tent with such charter. Said proposed charter shall be pub-
House Joint Resolution No. 4, p 1385. Approved November lished in the daily newspaper of largest general circulation
2, 1948.] published in the area to be incorporated as a first class city
Original text — Art. 11 Section 7 TENURE OF OFFICE LIM- under the charter or, if no daily newspaper is published
ITED TO TWO TERMS — No county officer shall be eligible to hold his therein, then in the newspaper having the largest general cir-
office more than two terms in succession. culation within such area at least once each week for four
weeks next preceding the day of submitting the same to the
SECTION 8 SALARIES AND LIMITATIONS electors for their approval, as above provided. All elections
Article XI Section 8

AFFECTING. The salary of any county, city, town, or in this section authorized shall only be had upon notice,
municipal officers shall not be increased except as provided which notice shall specify the object of calling such election,
in section 1 of Article XXX or diminished after his election, and shall be given as required by law. Said elections may be
or during his term of office; nor shall the term of any such general or special elections, and except as herein provided
officer be extended beyond the period for which he is elected shall be governed by the law regulating and controlling gen-
or appointed. [AMENDMENT 57, art, 1971 Senate Joint eral or special elections in said city. Such charter may be
(Rev. 12-10) [Page 39]
Article XI Section 11 Constitution of the State of Washington

amended by proposals therefor submitted by the legislative shall not be taken or sold for the payment of the corporate
authority of such city to the electors thereof at any general debt of any public or municipal corporation, except in the
election after notice of said submission published as above mode provided by law for the levy and collection of taxes.
specified, and ratified by a majority of the qualified electors
voting thereon. In submitting any such charter, or amend- SECTION 14 PRIVATE USE OF PUBLIC FUNDS
Article XI Section 14

ment thereto, any alternate article or proposition may be pre- PROHIBITED. The making of profit out of county, city,
sented for the choice of the voters, and may be voted on sep- town, or other public money, or using the same for any pur-
arately without prejudice to others. [AMENDMENT 40, pose not authorized by law, by any officer having the posses-
1963 ex.s. Senate Joint Resolution No. 1, p 1526. Approved sion or control thereof, shall be a felony, and shall be prose-
November 3, 1964.] cuted and punished as prescribed by law.
Original text — Art. 11 Section 10 INCORPORATION OF
MUNICIPALITIES — Corporations for municipal purposes shall not be SECTION 15 DEPOSIT OF PUBLIC FUNDS. All
Article XI Section 15

created by special laws; but the legislature, by general laws, shall provide
for the incorporation, organization and classification in proportion to popu-
moneys, assessments and taxes belonging to or collected for
lation, of cities and towns, which laws may be altered, amended or repealed. the use of any county, city, town or other public or municipal
Cities and towns heretofore organized, or incorporated may become orga- corporation, coming into the hands of any officer thereof,
nized under such general laws whenever a majority of the electors voting at shall immediately be deposited with the treasurer, or other
a general election, shall so determine, and shall organize in conformity
therewith; and cities or towns heretofore or hereafter organized, and all legal depositary to the credit of such city, town, or other cor-
charters thereof framed or adopted by authority of this Constitution shall be poration respectively, for the benefit of the funds to which
subject to, and controlled by general laws. Any city containing a population they belong.
of twenty thousand inhabitants, or more, shall be permitted to frame a char-
ter for its own government, consistent with and subject to the Constitution
SECTION 16 COMBINED CITY-COUNTY. Any
Article XI Section 16

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 county may frame a "Home Rule" charter subject to the Con-
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
stitution and laws of this state to provide for the formation
their election and qualified electors, whose duty it shall be to convene within and government of combined city and county municipal cor-
ten days after their election, and prepare and propose a charter for such city. porations, each of which shall be known as "city-county".
Such proposed charter shall be submitted to the qualified electors of said Registered voters equal in number to ten (10) percent of the
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
voters of any such county voting at the last preceding general
law thereof, and supersede any existing charter including amendments election may at any time propose by a petition the calling of
thereto, and all special laws inconsistent with such charter. Said proposed an election of freeholders. The provisions of section 4 of this
charter shall be published in two daily newspapers published in said city, for Article with respect to a petition calling for an election of
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
freeholders to frame a county home rule charter, the election
shall only be had upon notice, which notice shall specify the object of calling of freeholders, and the framing and adoption of a county
such election, and shall be given for at least ten days before the day of elec- home rule charter pursuant to such petition shall apply to a
tion, in all election districts of said city. Said elections may be general or petition proposed under this section for the election of free-
special elections, and except as herein provided shall be governed by the law
regulating and controlling general or special elections in said city. Such
holders to frame a city-county charter, the election of free-
charter may be amended by proposals therefore submitted by the legislative holders, and to the framing and adoption of such city-county
authority of such city to the electors thereof at any general election after charter pursuant to such petition. Except as otherwise pro-
notice of said submission published as above specified, and ratified by a vided in this section, the provisions of section 4 applicable to
majority of the qualified electors voting thereon. In submitting any such
charter, or amendment thereto, any alternate article or proposition may be
a county home rule charter shall apply to a city-county char-
presented for the choice of the voters, and may be voted on separately with- ter. If there are not sufficient legal newspapers published in
out prejudice to others. the county to meet the requirements for publication of a pro-
Authority to incur and limit of indebtedness: Art. 8 Section 6.
posed 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.
SECTION 11 POLICE AND SANITARY REGU-
Article XI Section 11

No such "city-county" shall be formed except by a majority


LATIONS. Any county, city, town or township may make vote of the qualified electors voting thereon in the county.
and enforce within its limits all such local police, sanitary and The charter shall designate the respective officers of such
other regulations as are not in conflict with general laws. city-county who shall perform the duties imposed by law
upon county officers. Every such city-county shall have and
SECTION 12 ASSESSMENT AND COLLECTION
Article XI Section 12

enjoy all rights, powers and privileges asserted in its charter,


OF TAXES IN MUNICIPALITIES. The legislature shall and in addition thereto, such rights, powers and privileges as
have no power to impose taxes upon counties, cities, towns or may be granted to it, or to any city or county or class or
other municipal corporations, or upon the inhabitants or prop- classes of cities and counties. In the event of a conflict in the
erty thereof, for county, city, town, or other municipal pur- constitutional provisions applying to cities and those apply-
poses, but may, by general laws, vest in the corporate author- ing to counties or of a conflict in the general laws applying to
ities thereof, the power to assess and collect taxes for such cities and those applying to counties, a city-county shall be
purposes. authorized to exercise any powers that are granted to either
the cities or the counties.
SECTION 13 PRIVATE PROPERTY, WHEN No legislative enactment which is a prohibition or
Article XI Section 13

MAY BE TAKEN FOR PUBLIC DEBT. Private property restriction shall apply to the rights, powers and privileges of
[Page 40] (Rev. 12-10)
Constitution of the State of Washington Article XII Section 4

a city-county unless such prohibition or restriction shall 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
apply equally to every other city, county, and city-county. such city and county shall be framed and adopted in a manner to be specified
The provisions of sections 2, 3, 5, 6, and 8 and of the first in the general law authorizing the formation of such corporations: Provided
paragraph of section 4 of this article shall not apply to any further, That every such charter shall designate the respective officers of
such city-county. 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,
Municipal corporations may be retained or otherwise powers and privileges asserted in its charter, not inconsistent with general
provided for within the city-county. The formation, powers laws, and in addition thereto, such rights, powers and privileges as may be
and duties of such municipal corporations shall be prescribed granted to it, or possessed and enjoyed by cities and counties of like popula-
by the charter. tion separately organized.
No city-county shall for any purpose become indebted in No county or county government existing outside the territorial limits
of such county and city shall exercise any police, taxation or other powers
any manner to an amount exceeding three per centum of the within the territorial limits of such county and city, but all such powers shall
taxable property in such city-county without the assent of be exercised by the city and county and the officers thereof, subject to such
three-fifths of the voters therein voting at an election to be constitutional provisions and general laws as apply to either cities or coun-
held for that purpose, nor in cases requiring such assent shall ties: 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 total indebtedness at any time exceed ten per centum of the salary of any elective or appointive officer of a city and county shall not
the value of the taxable property therein, to be ascertained by be changed after his election or appointment or during his term of office; nor
the last assessment for city-county purposes previous to the shall the term of any such officer be extended beyond the period for which he
incurring of such indebtedness: Provided, That no part of the 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
indebtedness allowed in this section shall be incurred for any of the existing debts or liabilities of the former county, and shall account for
purpose other than strictly city-county or other municipal and pay the county remaining a just proportion of the value of any real estate
purposes: Provided further, That any city-county, with such or other property owned by the former county and taken over by the county
assent may be allowed to become indebted to a larger 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
amount, but not exceeding five per centum additional for sup- officers of a city and county, their compensation, qualifications, term of
plying such city-county with water, artificial light, and sew- office and manner of election or appointment shall be as provided for in its
ers, when the works for supplying such water, light, and sew- charter, subject to general laws and applicable constitutional provisions.
ers shall be owned and controlled by the city-county. [AMENDMENT 23, 1947 House Joint Resolution No. 13, p 1386.
Approved November 2, 1948.]
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 ARTICLE XII
and one-half per centum of the taxable property in such CORPORATIONS OTHER THAN MUNICIPAL
municipal corporation without the assent of three-fifths of the
voters therein voting at an election to be held for that purpose, Article XII Section 1

SECTION 1 CORPORATIONS, HOW FORMED.


nor shall the total indebtedness at any time exceed five per Corporations may be formed under general laws, but shall not
centum of the value of the taxable property therein, to be be created by special acts. All laws relating to corporations
ascertained by the last assessment for city-county purposes may be altered, amended or repealed by the legislature at any
previous to the incurring of such indebtedness: Provided, time, and all corporations doing business in this state may, as
That no part of the indebtedness allowed in this section shall to such business, be regulated, limited or restrained by law.
be incurred for any purpose other than strictly municipal pur-
poses: Provided further, That any such municipal corpora- Article XII Section 2

tion, with such assent, may be allowed to become indebted to SECTION 2 EXISTING CHARTERS. All existing
a larger amount, but not exceeding five per centum additional charters, franchises, special or exclusive privileges, under
for supplying such municipal corporation with water, artifi- which an actual and bona fide organization shall not have
cial light, and sewers, when the works for supplying such taken place, and business been commenced in good faith, at
water, light, and sewers shall be owned and controlled by the the time of the adoption of this Constitution shall thereafter
municipal corporation. All taxes which are levied and col- have no validity.
lected within a municipal corporation for a specific purpose
shall be expended within that municipal corporation. Article XII Section 3

SECTION 3 EXISTING CHARTERS NOT TO BE


The authority conferred on the city-county government EXTENDED NOR FORFEITURE REMITTED. The
shall not be restricted by the second sentence of Article 7, legislature shall not extend any franchise or charter, nor remit
section 1, or by Article 8, section 6 of this Constitution. the forfeiture of any franchise or charter of any corporation
[AMENDMENT 58, 1971 House Joint Resolution No. 21, p now existing, or which shall hereafter exist under the laws of
1831. Approved November, 1972.] this state.
Amendment 23 (1948) — Art. 11 Section 16 COMBINED CITY
AND COUNTY — The legislature shall, by general law, provide for the Article XII Section 4

SECTION 4 LIABILITY OF STOCKHOLDERS.


formation of combined city and county municipal corporations, and for the
manner of determining the territorial limits thereof, each of which shall be Each stockholder in all incorporated companies, except cor-
known as a "city and county," and, when organized, shall contain a popula- porations organized for banking or insurance purposes, shall
tion of at least three hundred thousand (300,000) inhabitants. No such city be liable for the debts of the corporation to the amount of his
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
unpaid stock and no more; and one or more stockholders may
qualified electors of the remainder of that county from which such area is to be joined as parties defendant in suits to recover upon this lia-
be taken. Any such city and county shall be permitted to frame a charter for bility.
(Rev. 12-10) [Page 41]
Article XII Section 5 Constitution of the State of Washington

SECTION 5 TERM "CORPORATION," The legislature may provide that stockholders of banking
Article XII Section 5

DEFINED — RIGHT TO SUE AND BE SUED. The term corporations organized under the laws of this state which
corporations, as used in this article, shall be construed to shall provide and furnish, either through membership in the
include all associations and joint stock companies having any Federal Deposit Insurance Corporation, or through member-
powers or privileges of corporations not possessed by indi- ship in any other instrumentality of the government of the
viduals or partnerships, and all corporations shall have the United States, insurance or security for the payment of the
right to sue and shall be subject to be sued, in all courts, in debts and obligations of such banking corporation equivalent
like cases as natural persons. to that required by the laws of the United States to be fur-
nished and provided by national banking associations, shall
SECTION 6 LIMITATIONS UPON ISSUANCE
Article XII Section 6
be relieved from liability for the debts and obligations of such
OF STOCK. Corporations shall not issue stock, except to banking corporation to the same extent that stockholders of
bona fide subscribers therefor, or their assignees; nor shall national banking associations are relieved from liability for
any corporation issue any bond, or other obligation, for the the debts and obligations of such national banking associa-
payment of money, except for money or property received or tions under the laws of the United States. [AMENDMENT
labor done. The stock of corporations shall not be increased, 16, 1939 Senate Joint Resolution No. 8, p 1024. Approved
except in pursuance of a general law, nor shall any law autho- November, 1940.]
rize the increase of stock, without the consent of the person or Original text — Art. 12 Section 11 PROHIBITION AGAINST
persons holding the larger amount in value of the stock, nor ISSUANCE OF MONEY AND LIABILITY OF STOCKHOLDERS IN
without due notice of the proposed increase having been pre- BANKS — No corporation, association, or individual shall issue or put in
viously given in such manner as may be prescribed by law. circulation as money anything but the lawful money of the United States.
Each stockholder of any banking or insurance corporation or joint stock
All fictitious increase of stock or indebtedness shall be void. 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
SECTION 7 FOREIGN CORPORATIONS. No
Article XII Section 7

the extent of the amount of their stock therein at the par value thereof, in
corporation organized outside the limits of this state shall be addition to the amount invested in such shares.
allowed to transact business within the state on more favor-
able conditions than are prescribed by law to similar corpora-
SECTION 12 RECEIVING DEPOSITS BY BANK
Article XII Section 12

tions organized under the laws of this state.


AFTER INSOLVENCY. Any president, director, man-
ager, cashier, or other officer of any banking institution, who
SECTION 8 ALIENATION OF FRANCHISE NOT
Article XII Section 8

shall receive or assent to the reception of deposits, after he


TO RELEASE LIABILITIES. No corporation shall lease shall have knowledge of the fact that such banking institution
or alienate any franchise, so as to relieve the franchise, or is insolvent or in failing circumstances, shall be individually
property held thereunder, from the liabilities of the lessor, or responsible for such deposits so received.
grantor, lessee, or grantee, contracted or incurred in the oper-
ation, use, or enjoyment of such franchise or any of its privi-
SECTION 13 COMMON CARRIERS, REGULA-
Article XII Section 13

leges.
TION OF. All railroad, canal and other transportation com-
panies are declared to be common carriers and subject to leg-
SECTION 9 STATE NOT TO LOAN ITS CREDIT
Article XII Section 9

islative control. Any association or corporation organized for


OR SUBSCRIBE FOR STOCK. The state shall not in any the purpose, under the laws of this state, shall have the right
manner loan its credit, nor shall it subscribe to, or be inter- to connect at the state line with railroads of other states.
ested in the stock of any company, association or corporation. Every railroad company shall have the right with its road,
whether the same be now constructed or may hereafter be
SECTION 10 EMINENT DOMAIN AFFECTING. constructed, to intersect, cross or connect with any other rail-
Article XII Section 10

The exercise of the right of eminent domain shall never be so road, and when such railroads are of the same or similar
abridged or construed as to prevent the legislature from tak- gauge they shall at all crossings and at all points, where a rail-
ing the property and franchises of incorporated companies, road shall begin or terminate at or near any other railroad,
and subjecting them to public use the same as the property of form proper connections so that the cars of any such railroad
individuals. 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
SECTION 11 STOCKHOLDER LIABILITY. No
Article XII Section 11

or discrimination.
corporation, association, or individual shall issue or put in
circulation as money anything but the lawful money of the
SECTION 14 PROHIBITION AGAINST COMBI-
Article XII Section 14

United States. Each stockholder of any banking or insurance


corporation or joint stock association shall be individually NATIONS BY CARRIERS. [Repealed by AMEND-
and personally liable equally and ratably, and not one for MENT 67, 1977 House Joint Resolution No. 57, p 1714.
another, for all contracts, debts, and engagements of such Approved November 8, 1977.]
corporation or association accruing while they remain such
Original text — Art. 12 Section 14 PROHIBITION AGAINST
stockholders, to the extent of the amount of their stock COMBINATIONS BY CARRIERS — No railroad company, or other
therein at the par value thereof, in addition to the amount common carrier, shall combine or make any contract with the owners of any
invested in such shares. vessel that leaves port or makes port in this state, or with any common car-
[Page 42] (Rev. 12-10)
Constitution of the State of Washington Article XIII Section 1

rier, by which combination or contract the earnings of one doing the carry- and companies to construct and maintain telegraph lines on
ing are to be shared by the other not doing the carrying. and along the rights of way of such railroads and railroad
companies, and no railroad corporation organized or doing
SECTION 15 PROHIBITION AGAINST DIS-
Article XII Section 15

business in this state shall allow any telegraph corporation or


CRIMINATING CHARGES. No discrimination in company any facilities, privileges or rates for transportation
charges or facilities for transportation shall be made by any of men or material or for repairing their lines not allowed to
railroad or other transportation company between places or all telegraph companies. The right of eminent domain is
persons, or in the facilities for the transportation of the same hereby extended to all telegraph and telephone companies.
classes of freight or passengers within this state, or coming The legislature shall, by general law of uniform operation,
from or going to any other state. Persons and property trans- provide reasonable regulations to give effect to this section.
ported over any railroad, or by any other transportation com-
Eminent domain: Art. 1 Section 16.
pany, or individual, shall be delivered at any station, landing
or port, at charges not exceeding the charges for the transpor-
SECTION 20 PROHIBITION AGAINST FREE
Article XII Section 20

tation of persons and property of the same class, in the same


direction, to any more distant station, port or landing. Excur- TRANSPORTATION FOR PUBLIC OFFICERS. No
sion and commutation tickets may be issued at special rates. 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,
SECTION 16 PROHIBITION AGAINST CON-
Article XII Section 16

or to any person holding any public office within this state.


SOLIDATING OF COMPETING LINES. No railroad The legislature shall pass laws to carry this provision into
corporation shall consolidate its stock, property or franchises effect.
with any other railroad corporation owning a competing line.
SECTION 21 EXPRESS COMPANIES. Railroad
Article XII Section 21

SECTION 17 ROLLING STOCK, PERSONALTY


Article XII Section 17

companies now or hereafter organized or doing business in


FOR PURPOSE OF TAXATION. The rolling stock and this state, shall allow all express companies organized or
other movable property belonging to any railroad company or doing business in this state, transportation over all lines of
corporation in this state, shall be considered personal prop- railroad owned or operated by such railroad companies upon
erty, and shall be liable to taxation and to execution and sale equal terms with any other express company, and no railroad
in the same manner as the personal property of individuals corporation organized or doing business in this state shall
and such property shall not be exempted from execution and allow any express corporation or company any facilities,
sale. privileges or rates for transportation of men or materials or
property carried by them or for doing the business of such
SECTION 18 RATES FOR TRANSPORTATION. express companies not allowed to all express companies.
Article XII Section 18

The legislature may pass laws establishing reasonable rates


of charges for the transportation of passengers and freight, SECTION 22 MONOPOLIES AND TRUSTS.
Article XII Section 22

and to correct abuses and prevent discrimination and extor- Monopolies and trusts shall never be allowed in this state,
tion in the rates of freight and passenger tariffs on the differ- and no incorporated company, copartnership, or association
ent railroads and other common carriers in the state, and shall of persons in this state shall directly or indirectly combine or
enforce such laws by adequate penalties. A railroad and make any contract with any other incorporated company, for-
transportation commission may be established and its powers eign or domestic, through their stockholders, or the trustees
and duties fully defined by law. [AMENDMENT 66, 1977 or assignees of such stockholders, or with any copartnership
House Joint Resolution No. 55, p 1713. Approved November or association of persons, or in any manner whatever for the
8, 1977.] purpose of fixing the price or limiting the production or reg-
Original text — Art. 12 Section 18 MAXIMUM RATES FOR
ulating the transportation of any product or commodity. The
TRANSPORTATION — The legislature shall pass laws establishing rea- legislature shall pass laws for the enforcement of this section
sonable maximum rates of charges for the transportation of passengers and by adequate penalties, and in case of incorporated companies,
freight, and to correct abuses and prevent discrimination and extortion in if necessary for that purpose, may declare a forfeiture of their
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 pen-
franchises.
alties. A railroad and transportation commission may be established and its
powers and duties fully defined by law. ARTICLE XIII
STATE INSTITUTIONS
SECTION 19 TELEGRAPH AND TELEPHONE
Article XII Section 19

COMPANIES. Any association or corporation, or the les- SECTION 1 EDUCATIONAL, REFORMATORY,


Article XIII Section 1

sees or managers thereof, organized for the purpose, or any AND PENAL INSTITUTIONS. Educational, reformatory,
individual, shall have the right to construct and maintain lines and penal institutions; those for the benefit of youth who are
of telegraph and telephone within this state, and said compa- blind or deaf or otherwise disabled; for persons who are men-
nies shall receive and transmit each other’s messages without tally ill or developmentally disabled; and such other institu-
delay or discrimination and all of such companies are hereby tions as the public good may require, shall be fostered and
declared to be common carriers and subject to legislative supported by the state, subject to such regulations as may be
control. Railroad corporations organized or doing business in provided by law. The regents, trustees, or commissioners of
this state shall allow telegraph and telephone corporations all such institutions existing at the time of the adoption of this
(Rev. 12-10) [Page 43]
Article XIV Section 1 Constitution of the State of Washington

Constitution, and of such as shall thereafter be established by buildings or grounds, except to keep the Territorial capitol
law, shall be appointed by the governor, by and with the buildings and grounds in repair, and for making all necessary
advice and consent of the senate; and upon all nominations additions thereto, until the seat of government shall have
made by the governor, the question shall be taken by ayes and been permanently located, and the public buildings are
noes, and entered upon the journal. [AMENDMENT 83, erected at the permanent capital in pursuance of law.
1988 House Joint Resolution No. 4231, p 1553. Approved
November 8, 1988.] ARTICLE XV
Original text — Art. 13 Section 1 EDUCATIONAL, REFORMA- HARBORS AND TIDE WATERS
TORY AND PENAL INSTITUTIONS — Educational, reformatory and
penal institutions; those for the benefit of blind, deaf, dumb, or otherwise
SECTION 1 HARBOR LINE COMMISSION AND
Article XV Section 1

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, sub- RESTRAINT ON DISPOSITION. The legislature shall
ject to such regulations as may be provided by law. The regents, trustees, or provide for the appointment of a commission whose duty it
commissioners of all such institutions existing at the time of the adoption of shall be to locate and establish harbor lines in the navigable
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 sen-
waters of all harbors, estuaries, bays and inlets of this state,
ate; and upon all nominations made by the governor, the question shall be wherever such navigable waters lie within or in front of the
taken by ayes and noes, and entered upon the journal. corporate limits of any city, or within one mile thereof on
either side. Any harbor line so located or established may
ARTICLE XIV thereafter be changed, relocated or reestablished by the com-
SEAT OF GOVERNMENT mission 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
SECTION 1 STATE CAPITAL, LOCATION OF.
Article XIV Section 1

whatever in the waters beyond such harbor lines, nor shall


The legislature shall have no power to change, or to locate the
any of the area lying between any harbor line and the line of
seat of government of this state; but the question of the per-
ordinary high water, and within not less than fifty feet nor
manent location of the seat of government of the state shall be
more than two thousand feet of such harbor line (as the com-
submitted to the qualified electors of the Territory, at the
mission shall determine) be sold or granted by the state, nor
election to be held for the adoption of this Constitution. A
its rights to control the same relinquished, but such area shall
majority of all the votes cast at said election, upon said ques-
be forever reserved for landings, wharves, streets, and other
tion, shall be necessary to determine the permanent location
conveniences of navigation and commerce. [AMEND-
of the seat of government for the state; and no place shall ever
MENT 15, 1931 p 417 Section 1. Approved November,
be the seat of government which shall not receive a majority
1932.]
of the votes cast on that matter. In case there shall be no
choice of location at said first election the legislature shall, at Tide lands: Art. 17.
its first regular session after the adoption of this Constitution,
provide for submitting to the qualified electors of the state, at Original text — Art. 15 Section 1 HARBOR LINE COMMISSION
AND RESTRAINT ON DISPOSITION OF CERTAIN TIDE LANDS
the next succeeding general election thereafter, the question — The legislature shall provide for the appointment of a commission whose
of choice of location between the three places for which the duty it shall be to locate and establish harbor lines in the navigable waters
highest number of votes shall have been cast at the said first of all harbors, estuaries, bays and inlets of this state, wherever such naviga-
election. Said legislature shall provide further that in case ble 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
there shall be no choice of location at said second election, private person, corporation or association any rights whatever in the waters
the question of choice between the two places for which the beyond such harbor lines, nor shall any of the area lying between any harbor
highest number of votes shall have been cast, shall be submit- line and the line of ordinary high tide, and within not less than fifty feet nor
ted in like manner to the qualified electors of the state at the 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
next ensuing general election: Provided, That until the seat relinquished, but such area shall be forever reserved for landings, wharves,
of government shall have been permanently located as herein streets and other conveniences of navigation and commerce.
provided, the temporary location thereof shall remain at the
city of Olympia.
SECTION 2 LEASING AND MAINTENANCE OF
Article XV Section 2

WHARVES, DOCKS, ETC. The legislature shall provide


SECTION 2 CHANGE OF STATE CAPITAL.
Article XIV Section 2

general laws for the leasing of the right to build and maintain
When the seat of government shall have been located as wharves, docks and other structures, upon the areas men-
herein provided, the location thereof shall not thereafter be tioned in section one of this article, but no lease shall be made
changed except by a vote of two-thirds of all the qualified for any term longer than thirty years, or the legislature may
electors of the state voting on that question, at a general elec- provide by general laws for the building and maintaining
tion, at which the question of location of the seat of govern- upon such area wharves, docks, and other structures.
ment shall have been submitted by the legislature.
SECTION 3 EXTENSION OF STREETS OVER
Article XV Section 3

Governmental continuity during emergency periods: Art. 2 Section 42.


TIDE LANDS. Municipal corporations shall have the right
SECTION 3 RESTRICTIONS ON APPROPRIA-
Article XIV Section 3

to extend their streets over intervening tide lands to and


TIONS FOR CAPITOL BUILDINGS. The legislature across the area reserved as herein provided.
shall make no appropriations or expenditures for capitol
[Page 44] (Rev. 12-10)
Constitution of the State of Washington Article XIX Section 1

ARTICLE XVI ever be loaned to private persons or corporations, but it may be invested in
national, state, county, municipal or school district bonds. [AMENDMENT
SCHOOL AND GRANTED LANDS 1, 1893 p 9 Section 1. Approved November, 1894.]

SECTION 1 DISPOSITION OF. All the public lands


Article XVI Section 1
Original text — Art. 16 Section 5 INVESTMENT OF PERMA-
NENT SCHOOL FUND — None of the permanent school fund shall ever
granted to the state are held in trust for all the people and be loaned to private persons or corporations, but it may be invested in
none of such lands, nor any estate or interest therein, shall national, state, county or municipal bonds.
ever be disposed of unless the full market value of the estate
Funds for support of education: Art. 9 Section 3.
or interest disposed of, to be ascertained in such manner as
may be provided by law, be paid or safely secured to the
SECTION 6 INVESTMENT OF HIGHER EDUCA-
Article XVI Section 6

state; nor shall any lands which the state holds by grant from
the United States (in any case in which the manner of dis- TION PERMANENT FUNDS. Notwithstanding the pro-
posal and minimum price are so prescribed) be disposed of visions of Article VIII, sections 5 and 7 and Article XII, sec-
except in the manner and for at least the price prescribed in tion 9, or any other section or article of the Constitution of the
the grant thereof, without the consent of the United States. state of Washington, the moneys of the permanent funds
established for any of the institutions of higher education in
SECTION 2 MANNER AND TERMS OF SALE.
Article XVI Section 2 this state may be invested as authorized by law. Without lim-
None of the lands granted to the state for educational pur- itation, this shall include the authority to invest permanent
poses shall be sold otherwise than at public auction to the funds held for the benefit of institutions of higher education
highest bidder, the value thereof, less the improvements shall, in stocks or bonds issued by any association, company, or
before any sale, be appraised by a board of appraisers to be corporation if authorized by law. [AMENDMENT 102,
provided by law, the terms of payment also to be prescribed 2007 Substitute House Joint Resolution No. 4215, p 3145.
by law, and no sale shall be valid unless the sum bid be equal Approved November 6, 2007.]
to the appraised value of said land. In estimating the value of
such lands for disposal, the value of the improvements ARTICLE XVII
thereon shall be excluded: Provided, That the sale of all TIDE LANDS
school and university land heretofore made by the commis-
SECTION 1 DECLARATION OF STATE OWN-
Article XVII Section 1

sioners of any county or the university commissioners when


the purchase price has been paid in good faith, may be con- ERSHIP. The state of Washington asserts its ownership to
firmed by the legislature. the beds and shores of all navigable waters in the state up to
and including the line of ordinary high tide, in waters where
SECTION 3 LIMITATIONS ON SALES. No more
Article XVI Section 3
the tide ebbs and flows, and up to and including the line of
than one-fourth of the land granted to the state for educational ordinary high water within the banks of all navigable rivers
purposes shall be sold prior to January 1, 1895, and not more and lakes: Provided, that this section shall not be construed
than one-half prior to January 1, 1905: provided, that nothing so as to debar any person from asserting his claim to vested
herein shall be so construed as to prevent the state from sell- rights in the courts of the state.
ing the timber or stone off of any of the state lands in such Harbors and tide waters: Art. 15.
manner and on such terms as may be prescribed by law: and
provided, further, that no sale of timber lands shall be valid SECTION 2 DISCLAIMER OF CERTAIN LANDS.
Article XVII Section 2

unless the full value of such lands is paid or secured to the The state of Washington disclaims all title in and claim to all
state. tide, swamp and overflowed lands, patented by the United
States: Provided, the same is not impeached for fraud.
SECTION 4 HOW MUCH MAY BE OFFERED IN
Article XVI Section 4

CERTAIN CASES —PLATTING OF. No more than one ARTICLE XVIII


hundred and sixty (160) acres of any granted lands of the STATE SEAL
state shall be offered for sale in one parcel, and all lands
within the limits of any incorporated city or within two miles SECTION 1 SEAL OF THE STATE. The seal of the
Article XVIII Section 1

of the boundary of any incorporated city where the valuation State of Washington shall be, a seal encircled with the words:
of such land shall be found by appraisement to exceed one "The Seal of the State of Washington," with the vignette of
hundred dollars ($100) per acre shall, before the same be General George Washington as the central figure, and
sold, be platted into lots and blocks of not more than five beneath the vignette the figures "1889."
acres in a block, and not more than one block shall be offered
Custody of seal: Art. 3 Section 18.
for sale in one parcel. State seal: RCW 1.20.080.

SECTION 5 INVESTMENT OF PERMANENT


Article XVI Section 5

ARTICLE XIX
COMMON SCHOOL FUND. The permanent common EXEMPTIONS
school fund of this state may be invested as authorized by
law. [AMENDMENT 44, 1965 ex.s. Senate Joint Resolu- SECTION 1 EXEMPTIONS — HOMESTEADS,
Article XIX Section 1

tion No. 22, part 2, p 2817. Approved November 8, 1966.] ETC. The legislature shall protect by law from forced sale a
Amendment 1 (1894) — Art. 16 Section 5 INVESTMENT OF certain portion of the homestead and other property of all
SCHOOL FUND — None of the permanent school fund of this state shall heads of families.
(Rev. 12-10) [Page 45]
Article XX Section 1 Constitution of the State of Washington

ARTICLE XX and San Juan shall constitute the twenty-first district, and be
PUBLIC HEALTH AND VITAL STATISTICS entitled to one senator; the county of Snohomish shall consti-
tute the twenty-second district, and shall be entitled to one
SECTION 1 BOARD OF HEALTH AND BUREAU
Article XX Section 1
senator; the counties of Skagit and Island shall constitute the
OF VITAL STATISTICS. There shall be established by twenty-third district, and be entitled to one senator; the
law a state board of health and a bureau of vital statistics in county of Whatcom shall constitute the twenty-fourth dis-
connection therewith, with such powers as the legislature trict, and be entitled to one senator.
may direct. Districts and apportionment: Chapter 44.07D RCW.

SECTION 2 REGULATIONS CONCERNING SECTION 2 APPORTIONMENT OF REPRESEN-


Article XX Section 2
Article XXII Section 2

MEDICINE, SURGERY AND PHARMACY. The legis- TATIVES. Until otherwise provided by law the representa-
lature shall enact laws to regulate the practice of medicine tives shall be divided among the several counties of the state
and surgery, and the sale of drugs and medicines. in the following manner; the county of Adams shall have one
representative; the county of Asotin shall have one represen-
ARTICLE XXI tative; the county of Chehalis shall have two representatives;
WATER AND WATER RIGHTS the county of Clarke shall have three representatives; the
county of Clallam shall have one representative; the county
SECTION 1 PUBLIC USE OF WATER. The use of
Article XXI Section 1
of Columbia shall have two representatives; the county of
the waters of this state for irrigation, mining and manufactur- Cowlitz shall have one representative; the county of Douglas
ing purposes shall be deemed a public use. shall have one representative; the county of Franklin shall
have one representative; the county of Garfield shall have one
ARTICLE XXII representative; the county of Island shall have one represen-
LEGISLATIVE APPORTIONMENT tative; 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
SECTION 1 SENATORIAL APPORTIONMENT.
Article XXII Section 1

of Kittitas shall have two representatives; the county of Kit-


Until otherwise provided by law, the state shall be divided sap shall have one representative; the county of Lewis shall
into twenty-four (24) senatorial districts, and said districts have two representatives; the county of Lincoln shall have
shall be constituted and numbered as follows: The counties two representatives; the county of Mason shall have one rep-
of Stevens and Spokane shall constitute the first district, and resentative; the county of Okanogan shall have one represen-
be entitled to one senator; the county of Spokane shall consti- tative; the county of Pacific shall have one representative; the
tute the second district, and be entitled to three senators; the county of Pierce shall have six representatives; the county of
county of Lincoln shall constitute the third district, and be San Juan shall have one representative; the county of Skama-
entitled to one senator; the counties of Okanogan, Lincoln, nia shall have one representative; the county of Snohomish
Adams and Franklin shall constitute the fourth district, and be shall have two representatives; the county of Skagit shall
entitled to one senator; the county of Whitman shall consti- have two representatives; the county of Spokane shall have
tute the fifth district, and be entitled to three senators; the six representatives; the county of Stevens shall have one rep-
counties of Garfield and Asotin shall constitute the sixth dis- resentative; the county of Thurston shall have two represen-
trict, and be entitled to one senator; the county of Columbia tatives; the county of Walla Walla shall have three represen-
shall constitute the seventh district, and be entitled to one tatives; the county of Wahkiakum shall have one representa-
senator; the county of Walla Walla shall constitute the eighth tive; the county of Whatcom shall have two representatives;
district, and be entitled to two senators; the counties of the county of Whitman shall have five representatives; the
Yakima and Douglas shall constitute the ninth district, and be county of Yakima shall have one representative.
entitled to one senator; the county of Kittitas shall constitute
the tenth district and be entitled to one senator; the counties Districts and apportionment: Chapter 44.07D RCW.
of Klickitat, and Skamania shall constitute the eleventh dis-
trict, and be entitled to one senator; the county of Clarke shall ARTICLE XXIII
constitute the twelfth district, and be entitled to one senator; AMENDMENTS
the county of Cowlitz shall constitute the thirteenth district,
and be entitled to one senator; the county of Lewis shall con- SECTION 1 HOW MADE. Any amendment or
Article XXIII Section 1

stitute the fourteenth district, and be entitled to one senator; amendments to this Constitution may be proposed in either
the counties of Pacific and Wahkiakum shall constitute the branch of the legislature; and if the same shall be agreed to by
fifteenth district, and be entitled to one senator; the county of two-thirds of the members elected to each of the two houses,
Thurston shall constitute the sixteenth district, and be entitled such proposed amendment or amendments shall be entered
to one senator; the county of Chehalis shall constitute the sev- on their journals, with the ayes and noes thereon, and be sub-
enteenth district, and be entitled to one senator; the county of mitted to the qualified electors of the state for their approval,
Pierce shall constitute the eighteenth district, and be entitled at the next general election; and if the people approve and rat-
to three senators; the county of King shall constitute the nine- ify such amendment or amendments, by a majority of the
teenth district, and be entitled to five senators; the counties of electors voting thereon, the same shall become part of this
Mason and Kitsap shall constitute the twentieth district, and Constitution, and proclamation thereof shall be made by the
be entitled to one senator; the counties of Jefferson, Clallam governor: Provided, That if more than one amendment be
[Page 46] (Rev. 12-10)
Constitution of the State of Washington Article XXV Section 1

submitted, they shall be submitted in such a manner that the minutes and 15 seconds west, thence following the boundary
people may vote for or against such amendments separately. line between the United States and British possessions
The legislature shall also cause notice of the amendments that through the channel which separates Vancouver’s island
are to be submitted to the people to be published at least four from the continent to the termination of the boundary line
times during the four weeks next preceding the election in between the United States and British possessions at a point
every legal newspaper in the state: Provided, That failure of in the Pacific ocean equidistant between Bonnilla point on
any newspaper to publish this notice shall not be interpreted Vancouver’s island and Tatoosh island light house, thence
as affecting the outcome of the election. [AMENDMENT running in a southerly course and parallel with the coast line,
37, 1961 Senate Joint Resolution No. 25, p 2753. Approved keeping one marine league off shore to place of beginning;
November, 1962.] until such boundaries are modified by appropriate interstate
Original text — Art. 23 Section 1 HOW MADE — Any amendment compacts duly approved by the Congress of the United
or amendments to this Constitution may be proposed in either branch of the States. [AMENDMENT 33, 1957 Senate Joint Resolution
legislature; and if the same shall be agreed to by two-thirds of the members No. 10, p 1292. Approved November 4, 1958.]
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 Original text — Art. 24 Section 1 STATE BOUNDARIES — The
submitted to the qualified electors of the state for their approval, at the next
boundaries of the State of Washington shall be as follows: Beginning at a
general election; and if the people approve and ratify such amendment or
point in the Pacific ocean one marine league due west of and opposite the
amendments, by a majority of the electors voting thereon, the same shall
middle of the mouth of the north ship channel of the Columbia river thence
become part of this Constitution, and proclamation thereof shall be made by
running easterly to and up the middle channel of said river and where it is
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 divided by islands up the middle of the widest channel thereof to where the
such amendments separately. The legislature shall also cause the amend- forty-sixth parallel of north latitude crosses said river near the mouth of the
ments that are to be submitted to the people to be published for at least three Walla Walla river; thence east on said forty-sixth parallel of latitude to the
months next preceding the election, in some weekly newspaper, in every middle of the main channel of the Shoshone or Snake river, thence follow
county where a newspaper is published throughout the state. 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 par-
SECTION 2 CONSTITUTIONAL CONVEN-
Article XXIII Section 2

allel of north latitude to the middle of the channel which separates Vancou-
TIONS. Whenever two-thirds of the members elected to ver’s island from the continent, that is to say to a point in longitude 123
each branch of the legislature shall deem it necessary to call a degrees, 19 minutes and 15 seconds west, thence following the boundary line
between the United States and British possessions through the channel
convention to revise or amend this Constitution, they shall
which separates Vancouver’s island from the continent to the termination of
recommend to the electors to vote at the next general elec- the boundary line between the United States and British possessions at a
tion, for or against a convention, and if a majority of all the point in the Pacific ocean equi distant between Bonnilla point on Vancou-
electors voting at said election shall have voted for a conven- ver’s island and Tatoosh island light house, thence running in a southerly
tion, the legislature shall at the next session, provide by law course and parallel with the coast line, keeping one marine league off shore
to place of beginning.
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. ARTICLE XXV
JURISDICTION
SECTION 3 SUBMISSION TO THE PEOPLE.
Article XXIII Section 3

Any Constitution adopted by such convention shall have no Article XXV Section 1

validity until it has been submitted to and adopted by the peo- SECTION 1 AUTHORITY OF THE UNITED
ple. STATES. The consent of the State of Washington is hereby
given to the exercise, by the congress of the United States, of
ARTICLE XXIV exclusive legislation in all cases whatsoever over such tracts
BOUNDARIES or parcels of land as are now held or reserved by the govern-
ment of the United States for the purpose of erecting or main-
SECTION 1 STATE BOUNDARIES. The bound-
Article XXIV Section 1
taining thereon forts, magazines, arsenals, dockyards, light-
aries of the state of Washington shall be as follows: Begin- houses and other needful buildings, in accordance with the
ning at a point in the Pacific ocean one marine league due provisions of the seventeenth paragraph of the eighth section
west of and opposite the middle of the mouth of the north ship of the first article of the Constitution of the United States, so
channel of the Columbia river thence running easterly to and long as the same shall be so held and reserved by the United
up the middle channel of said river and where it is divided by States. Provided: That a sufficient description by metes and
islands up the middle of the widest channel thereof to where bounds, and an accurate plat or map of each such tract or par-
the forty-sixth parallel of north latitude crosses said river near cel of land be filed in the proper office of record in the county
the mouth of the Walla Walla river; thence east on said forty- in which the same is situated, together with copies of the
sixth parallel of latitude to the middle of the main channel of orders, deeds, patents or other evidences in writing of the title
Shoshone or Snake river, thence follow down the middle of of the United States: and provided, That all civil process
the main channel of Snake river to a point opposite the mouth issued from the courts of this state and such criminal process
of the Kooskooskia or Clear Water river, thence due north to as may issue under the authority of this state against any per-
the forty-ninth parallel of north latitude, thence west along son charged with crime in cases arising outside of such reser-
said forty-ninth parallel of north latitude to the middle of the vations, may be served and executed thereon in the same
channel which separates Vancouver’s island from the conti- mode and manner, and by the same officers, as if the consent
nent, that is to say to a point in longitude 123 degrees, 19 herein given had not been made.
(Rev. 12-10) [Page 47]
Article XXVII Section 1 Constitution of the State of Washington

ARTICLE XXVI not repugnant to this Constitution, shall remain in force until
COMPACT WITH THE UNITED STATES they expire by their own limitation, or are altered or repealed
by the legislature: Provided, That this section shall not be so
The following ordinance shall be irrevocable without the construed as to validate any act of the legislature of Washing-
consent of the United States and the people of this state: ton Territory granting shore or tide lands to any person, com-
First. That perfect toleration of religious sentiment shall pany or any municipal or private corporation.
be secured and that no inhabitant of this state shall ever be
molested in person or property on account of his or her mode SECTION 3 DEBTS, FINES, ETC., TO INURE TO
Article XXVII Section 3

of religious worship. THE STATE. All debts, fines, penalties and forfeitures,
Second. That the people inhabiting this state do agree which have accrued, or may hereafter accrue, to the Territory
and declare that they forever disclaim all right and title to the of Washington, shall inure to the State of Washington.
unappropriated public lands lying with the boundaries of this
state, and to all lands lying within said limits owned or held Article XXVII Section 4

by any Indian or Indian tribes; and that until the title thereto SECTION 4 RECOGNIZANCES. All recogni-
shall have been extinguished by the United States, the same zances heretofore taken, or which may be taken before the
shall be and remain subject to the disposition of the United change from a territorial to a state government shall remain
States, and said Indian lands shall remain under the absolute valid, and shall pass to, and may be prosecuted in the name of
jurisdiction and control of the congress of the United States the state; and all bonds executed to the Territory of Washing-
and that the lands belonging to citizens of the United States ton or to any county or municipal corporation, or to any
residing without the limits of this state shall never be taxed at officer or court in his or its official capacity, shall pass to the
a higher rate than the lands belonging to residents thereof; state authorities and their successors in office, for the uses
and that no taxes shall be imposed by the state on lands or therein expressed, and may be sued for and recovered accord-
property therein, belonging to or which may be hereafter pur- ingly, and all the estate, real, personal and mixed, and all
chased by the United States or reserved for use: Provided, judgments decrees, bonds, specialties, choses in action, and
That nothing in this ordinance shall preclude the state from claims or debts, of whatever description, belonging to the
taxing as other lands are taxed any lands owned or held by Territory of Washington, shall inure to and vest in the State of
any Indian who has severed his tribal relations, and has Washington, and may be sued for and recovered in the same
obtained from the United States or from any person a title manner, and to the same extent, by the State of Washington,
thereto by patent or other grant, save and except such lands as as the same could have been by the Territory of Washington.
have been or may be granted to any Indian or Indians under
any act of congress containing a provision exempting the
Article XXVII Section 5

SECTION 5 CRIMINAL PROSECUTIONS AND


lands thus granted from taxation, which exemption shall con- PENAL ACTIONS. All criminal prosecutions and penal
tinue so long and to such an extent as such act of congress actions which may have arisen, or which may arise, before
may prescribe. the change from a territorial to a state government, and which
Third. The debts and liabilities of the Territory of shall then be pending, shall be prosecuted to judgment, and
Washington and payment of the same are hereby assumed by execution in the name of the state. All offenses committed
this state. against the laws of the Territory of Washington, before the
Fourth. Provision shall be made for the establishment change from a territorial to a state government, and which
and maintenance of systems of public schools free from sec- shall not be prosecuted before such change, may be prose-
tarian control which shall be open to all the children of said cuted in the name and by the authority of the State of Wash-
state. ington, with like effect as though such change had not taken
place; and all penalties incurred shall remain the same as if
ARTICLE XXVII this Constitution had not been adopted. All actions at law and
SCHEDULE 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
In order that no inconvenience may arise by reason of a territorial to a state government, shall be continued, and
change from a Territorial to a State government, it is hereby transferred to the court of the state having jurisdiction of the
declared and ordained as follows: subject matter thereof.
Article XXVII Section 6

SECTION 1 EXISTING RIGHTS, ACTIONS, AND


Article XXVII Section 1

SECTION 6 RETENTION OF TERRITORIAL


CONTRACTS SAVED. No existing rights, actions, suits, OFFICERS. All officers now holding their office under the
proceedings, contracts or claims shall be affected by a change authority of the United States, or of the Territory of Washing-
in the form of government, but all shall continue as if no such ton, shall continue to hold and exercise their respective
change had taken place; and all process which may have been offices until they shall be superseded by the authority of the
issued under the authority of the Territory of Washington state.
previous to its admission into the Union shall be as valid as if
issued in the name of the state. SECTION 7 CONSTITUTIONAL OFFICERS,
Article XXVII Section 7

WHEN ELECTED. All officers provided for in this Con-


SECTION 2 LAWS IN FORCE CONTINUED. All stitution including a county clerk for each county when no
Article XXVII Section 2

laws now in force in the Territory of Washington, which are other time is fixed for their election, shall be elected at the
[Page 48] (Rev. 12-10)
Constitution of the State of Washington Article XXVII Section 15

election to be held for the adoption of this Constitution on the the same county created by this Constitution, and the said
first Tuesday of October, 1889. court shall proceed to final judgment or decree, order or other
determination in the several matters and causes, as the territo-
SECTION 8 CHANGE OF COURTS - TRANSFER
Article XXVII Section 8
rial probate court might have done, if this Constitution had
OF CAUSES. Whenever the judge of the superior court of not been adopted. And until the expiration of the term of
any county, elected or appointed under the provisions of this office of the probate judges, such probate judges shall per-
Constitution shall have qualified the several causes then form the duties now imposed upon them by the laws of the
pending in the district court of the territory except such Territory. The superior courts shall have appellate and revi-
causes as would have been within the exclusive jurisdiction sory jurisdiction over the decisions of the probate courts, as
of the United States district court had such court existed at the now provided by law, until such latter courts expire by limi-
time of the commencement of such causes, within such tation.
county, and the records, papers and proceedings of said dis-
SECTION 11 DUTIES OF FIRST LEGISLATURE.
Article XXVII Section 11

trict court, and the seal and other property pertaining thereto,
shall pass into the jurisdiction and possession of the superior The legislature, at its first session, shall provide for the elec-
court for such county. And where the same judge is elected tion of all officers whose election is not provided for else-
for two or more counties, it shall be the duty of the clerk of where in this Constitution, and fix the time for the com-
the district court having custody of such papers and records to mencement and duration of their term.
transmit to the clerk of such county, or counties, other than
that in which such records are kept the original papers in all SECTION 12 ELECTION CONTESTS FOR SUPE-
Article XXVII Section 12

cases pending in such district court and belonging to the juris- RIOR JUDGES, HOW DECIDED. In case of a contest of
diction of such county or counties together with transcript of election between candidates, at the first general election
so much of the records of said district court as relate to the under this Constitution, for judges of the superior courts, the
same; and until the district courts of the Territory shall be evidence shall be taken in the manner prescribed by the Ter-
superseded in manner aforesaid, the said district courts and ritorial laws, and the testimony so taken shall be certified to
the judges thereof, shall continue with the same jurisdiction the secretary of state; and said officer, together with the gov-
and powers, to be exercised in the same judicial districts ernor and treasurer of state, shall review the evidence and
respectively, as heretofore constituted under the laws of the determine who is entitled to the certificate of election.
Territory. Whenever a quorum of the judges of the supreme
court of the state shall have been elected and qualified, the SECTION 13 REPRESENTATION IN CON-
Article XXVII Section 13

causes then pending in the supreme court of the Territory, GRESS. [Repealed by AMENDMENT 74, 1983 Substitute
except such causes as would have been within the exclusive Senate Joint Resolution No. 103. Approved November 8,
jurisdiction of the United States, circuit court had such court 1983.]
existed at the time of the commencement of such causes, and
the papers, records and proceedings of said court and the seal Original text — Art. 27 Section 13 REPRESENTATION IN CON-
and other property pertaining thereto, shall pass into the juris- GRESS — One representative in the congress of the United States shall be
diction and possession of the supreme court of the state, and elected from the state at large, at the first election provided for in this Con-
stitution; and, thereafter, at such times and places, and in such manner, as
until so superseded, the supreme court of the Territory and may be prescribed by law. When a new apportionment shall be made by con-
the judges thereof, shall continue with like powers and juris- gress, the legislature shall divide the state into congressional districts, in
diction as if this Constitution had not been adopted. 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
SECTION 9 SEALS OF COURTS AND MUNICI-
Article XXVII Section 9

vote for delegate in congress.


PALITIES. Until otherwise provided by law, the seal now
in use in the supreme court of the Territory shall be the seal SECTION 14 DURATION OF TERM OF CER-
Article XXVII Section 14

of the supreme court of the state. The seals of the superior TAIN OFFICERS. All district, county and precinct offic-
courts of the several counties of the state shall be, until other- ers, who may be in office at the time of the adoption of this
wise provided by law, the vignette of General George Wash- Constitution, and the county clerk of each county elected at
ington with the words: "Seal of the Superior Court of the first election, shall hold their respective offices until the
_______ county" surrounding the vignette. The seal of second Monday of January, A. D., 1891, and until such time
municipalities, and of all county officers of the Territory, as their successors may be elected and qualified, in accor-
shall be the seals of such municipalities, and county officers dance with the provisions of this Constitution; and the offi-
respectively under the state, until otherwise provided by law. cial bonds of all such officers shall continue in full force and
effect as though this Constitution had not been adopted. And
SECTION 10 PROBATE COURT, TRANSFER
Article XXVII Section 10

such officers shall continue to receive the compensation now


OF. When the state is admitted into the Union, and the supe- provided, until the same be changed by law.
rior courts in the respective counties organized, the books,
records, papers and proceedings of the probate court in each SECTION 15 ELECTION ON ADOPTION OF
Article XXVII Section 15

county, and all causes and matters of administration pending CONSTITUTION, HOW TO BE CONDUCTED. The
therein, shall, upon the expiration of the term of office of the election held at the time of the adoption of this Constitution
probate judges, on the second Monday in January, 1891, pass shall be held and conducted in all respects according to the
into the jurisdiction and possession of the superior court of laws of the Territory, and the votes cast at said election for all
(Rev. 12-10) [Page 49]
Article XXVII Section 16 Constitution of the State of Washington

officers (where no other provisions are made in this Constitu- ficient money to pay any of the expenses of this convention
tion), and for the adoption of this Constitution and the several not provided for by the Enabling Act of Congress.
separate articles and the location of the state capital, shall be
canvassed and returned in the several counties in the manner ARTICLE XXVIII
provided by Territorial law, and shall be returned to the sec- COMPENSATION OF STATE OFFICERS
retary of the Territory in the manner provided by the
Enabling Act.
SECTION 1 SALARIES FOR LEGISLATURE,
Article XXVIII Section 1

ELECTED STATE OFFICIALS, AND JUDGES —


SECTION 16 WHEN CONSTITUTION TO TAKE
Article XXVII Section 16

INDEPENDENT COMMISSION — REFERENDUM.


EFFECT. The provisions of this Constitution shall be in
Salaries for members of the legislature, elected officials of
force from the day on which the president of the United
the executive branch of state government, and judges of the
States shall issue his proclamation declaring the State of
state’s supreme court, court of appeals, superior courts, and
Washington admitted into the Union, and the terms of all
district courts shall be fixed by an independent commission
officers elected at the first election under the provisions of
created and directed by law to that purpose. No state official,
this Constitution shall commence on the Monday next suc-
public employee, or person required by law to register with a
ceeding the issue of said proclamation, unless otherwise pro-
state agency as a lobbyist, or immediate family member of
vided herein.
the official, employee, or lobbyist, may be a member of that
commission.
SECTION 17 SEPARATE ARTICLES. The follow-
Article XXVII Section 17

As used in this section the phrase "immediate family"


ing separate articles shall be submitted to the people for adop-
has the meaning that is defined by law.
tion or rejection at the election for the adoption of this Con-
stitution: Any change of salary shall be filed with the secretary of
state and shall become law ninety days thereafter without
SEPARATE ARTICLE, NO. 1 action of the legislature or governor, but shall be subject to
referendum petition by the people, filed within the ninety-day
"All persons male and female of the age of twenty-one period. Referendum measures under this section shall be
years or over, possessing the other qualifications, provided submitted to the people at the next following general election,
by this Constitution, shall be entitled to vote at all elections." and shall be otherwise governed by the provisions of this
Constitution generally applicable to referendum measures.
SEPARATE ARTICLE, NO. 2 The salaries fixed pursuant to this section shall supersede any
other provision for the salaries of members of the legislature,
"It shall not be lawful for any individual, company or elected officials of the executive branch of state government,
corporation, within the limits of this state, to manufacture, or and judges of the state’s supreme court, court of appeals,
cause to be manufactured, or to sell, or offer for sale, or in any superior courts, and district courts. The salaries for such offi-
manner dispose of any alcoholic, malt or spirituous liquors, cials in effect on January 12, 1987, shall remain in effect until
except for medicinal, sacramental or scientific purposes." changed pursuant to this section.
If a majority of the ballots cast at said election on said
After the initial adoption of a law by the legislature cre-
separate articles be in favor of the adoption of either of said ating the independent commission, no amendment to such act
separate articles, then such separate article so receiving a which alters the composition of the commission shall be valid
majority shall become a part of this Constitution and shall unless the amendment is enacted by a favorable vote of two-
govern and control any provision of the Constitution in con- thirds of the members elected to each house of the legislature
flict therewith.
and is subject to referendum petition.
The provisions of section 14 of Article IV, sections 14,
SECTION 18 BALLOT. The form of ballot to be
Article XXVII Section 18

16, 17, 19, 20, 21, and 22 of Article III, and section 23 of
used in voting for or against this Constitution, or for or Article II, insofar as they are inconsistent herewith, are
against the separate articles, or for the permanent location of hereby superseded. The provisions of section 1 of Article II
the seat of government, shall be: relating to referendum procedures, insofar as they are incon-
1. For the Constitution sistent herewith, are hereby superseded with regard to the sal-
Against the Constitution aries governed by this section. [AMENDMENT 78, 1986
2. For Woman Suffrage Article Substitute House Joint Resolution No. 49, p 1529. Approved
November 4, 1986.]
Against Woman Suffrage Article
3. For Prohibition Article Authorizing compensation increase during term: Art. 30 Section 1.

Against Prohibition Article Amendment 20 (1948) — Art. 28 Section 1 COMPENSATION OF


4. For the Permanent Location of the Seat of Government STATE OFFICERS — All elected state officials shall each severally
receive such compensation as the legislature may direct. The compensation
(Name of place voted for) 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
The result of the election was against both woman suffrage and prohibition.
increase or diminish the compensation of all state officers whose terms exist
on the Thursday after the second Monday in January, 1949.
SECTION 19 APPROPRIATION. The legislature is
Article XXVII Section 19

The provisions of sections 14, 16, 17, 19, 20, 21, and 22 of Article III
hereby authorized to appropriate from the state treasury suf- and section 23 of Article II in so far as they are inconsistent herewith, are
[Page 50] (Rev. 12-10)
Constitution of the State of Washington Article XXXII Section 1

hereby repealed. [AMENDMENT 20, 1947 Senate Joint Resolution No. 4, ARTICLE XXXI
p 1371. Approved November 2, 1948.] SEX EQUALITY - RIGHTS AND RESPONSIBILITIES

ARTICLE XXIX SECTION 1 EQUALITY NOT DENIED BECAUSE


Article XXXI Section 1

INVESTMENTS OF PUBLIC PENSION OF SEX. Equality of rights and responsibility under the law
AND RETIREMENT FUNDS shall not be denied or abridged on account of sex.

SECTION 2 ENFORCEMENT POWER OF LEG-


Article XXXI Section 2

Article XXIX Section 1

SECTION 1 MAY BE INVESTED AS AUTHO- ISLATURE. The legislature shall have the power to
RIZED BY LAW. Notwithstanding the provisions of sec- enforce, by appropriate legislation, the provisions of this arti-
tions 5, and 7 of Article VIII and section 9 of Article XII or cle. [AMENDMENT 61, 1972 House Joint Resolution No.
any other section or article of the Constitution of the state of 61, p 526. Approved November, 1972.]
Washington, the moneys of any public pension or retirement
The name of this Article and the captions have been supplied by the reviser.
fund, industrial insurance trust fund, or fund held in trust for
the benefit of persons with developmental disabilities may be
ARTICLE XXXII
invested as authorized by law. [AMENDMENT 93, 2000 SPECIAL REVENUE FINANCING
Senate Joint Resolution No. 8214, p 1919. Approved
November 7, 2000.]
SECTION 1 SPECIAL REVENUE FINANCING.
Article XXXII Section 1

Amendment 75 (1985) — Art. 29 Section 1 MAY BE INVESTED


The legislature may enact laws authorizing the state, coun-
AS AUTHORIZED BY LAW — Notwithstanding the provisions of sec- ties, cities, towns, port districts, or public corporations estab-
tions 5, and 7 of Article VIII and section 9 of Article XII or any other section lished thereby to issue nonrecourse revenue bonds or other
or article of the Constitution of the state of Washington, the moneys of any nonrecourse revenue obligations and to apply the proceeds
public pension or retirement fund or industrial insurance trust fund may be thereof in the manner and for the purposes heretofore or here-
invested as authorized by law. [AMENDMENT 75, 1985 House Joint Res- after authorized by law, subject to the following limitations:
olution No. 12, p 2398. Approved November 5, 1985.]
(a) Nonrecourse revenue bonds and other nonrecourse
Amendment 49 (1968) — Art. 29 Section 1 MAY BE INVESTED revenue obligations issued pursuant to this section shall be
AS AUTHORIZED BY LAW — Notwithstanding the provisions of sec- payable only from money or other property received as a
tions 5, and 7 of Article VIII and section 9 of Article XII or any other section result of projects financed by the nonrecourse revenue bonds
or article of the Constitution of the state of Washington, the moneys of any or other nonrecourse revenue obligations and from money
public pension or retirement fund may be invested as authorized by law. and other property received from private sources.
[AMENDMENT 49, 1967 Senate Joint Resolution No. 5; see 1969 p 2975.
Approved November 5, 1968.]
(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
ARTICLE XXX revenue or by all or part of the faith and credit of the state or
COMPENSATION OF PUBLIC OFFICERS any unit of local government.
(c) Nonrecourse revenue bonds or other nonrecourse
Article XXX Section 1
revenue obligations issued pursuant to this section may be
SECTION 1 AUTHORIZING COMPENSATION issued only if the issuer certifies that it reasonably believes
INCREASE DURING TERM. The compensation of all that the interest paid on the bonds or obligations will be
elective and appointive state, county, and municipal officers exempt from income taxation by the federal government.
who do not fix their own compensation, including judges of (d) Nonrecourse revenue bonds or other nonrecourse
courts of record and the justice courts may be increased dur- revenue obligations may only be used to finance industrial
ing their terms of office to the end that such officers and development projects as defined in legislation.
judges shall each severally receive compensation for their (e) The state, counties, cities, towns, port districts, or
services in accordance with the law in effect at the time the public corporations established thereby, shall never exercise
services are being rendered. their respective attributes of sovereignty, including but not
The provisions of section 25 of Article II (Amendment limited to, the power to tax, the power of eminent domain,
35), section 25 of Article III (Amendment 31), section 13 of and the police power on behalf of any industrial development
Article IV, section 8 of Article XI, and section 1 of Article project authorized pursuant to this section.
XXVIII (Amendment 20) insofar as they are inconsistent After the initial adoption of a law by the legislature
authorizing the issuance of nonrecourse revenue bonds or
herewith are hereby repealed. [AMENDMENT 54, 1967
other nonrecourse revenue obligations, no amendment to
House Joint Resolution No. 13; see 1969 p 2976. Approved such act which expands the definition of industrial develop-
November 5, 1968.] ment project shall be valid unless the amendment is enacted
Reviser’s note: (1) Amendment 49 (1967 SJR No. 5) and Amendment by a favorable vote of three-fifths of the members elected to
54 (1967 HJR No. 13) each added a new Article XXIX to the Constitution. each house of the legislature and is subject to referendum
Amendment 49 is carried herein as Article XXIX while Amendment 54 has petition.
been herein redesignated as Article XXX.
Sections 5 and 7 of Article VIII and section 9 of Article
(2) The name of this Article has been supplied by the reviser. XII shall not be construed as a limitation upon the authority
granted by this section. The proceeds of revenue bonds and
(Rev. 12-10) [Page 51]
Article XXXII Section 1 Constitution of the State of Washington

other revenue obligations issued pursuant to this section for John M. Reed J. A. Hungate
the purpose of financing privately owned property or loans to Attest: JNO. I. BOOGE, Chief Clerk
private persons or corporations shall be subject to audit by the
state but shall not otherwise be deemed to be public money or The above names are not in the order in which subscribed to the Con-
stitution.
public property for purposes of this Constitution. This sec-
tion is supplemental to and shall not be construed as a repeal
of or limitation on any other authority lawfully exercisable (B) Constitutional Amendments
under the Constitution and laws of this state, including, (In Order of Adoption)
among others, any existing authority to issue revenue bonds.
[AMENDMENT 73, 1981 Substitute House Joint Resolu-
tion No. 7, p 1794. Approved November 3, 1981.] 1 Art. 16 § 5 Investment of school fund.
2 Art. 6 § 1 Qualifications of voters.
The name of this Article has been supplied by the reviser.
3 Art. 7 § 2 (original) Taxation—Unifor-
CERTIFICATE mity and equality—Exemp-
tion.
We, the undersigned, members of the convention to form 4 Art. 1 § 11 Religious freedom.
a Constitution for the State of Washington; which is to be 5 Art. 6 § 1 Qualifications of electors.
submitted to the people for their adoption or rejection, do 6 Art. 3 § 10 Vacancy in office of governor.
hereby declare this to be the Constitution formed by us, and
in testimony thereof, do hereunto set our hands, this twenty- 7 Art. 2 § 1 Legislative powers, where
second day of August Anno Domini, one thousand eight hun- vested.
dred and eighty-nine. 8 Art. 1 §§ 33, 34 Recall of elective officers.
9 Art. 1 § 16 Eminent domain.
John P. Hoyt, Edward Eldridge
President George H. Stevenson 10 Art. 1 § 22 Rights of the accused.
J. J. Browne Louis Sohns 11 Art. 8 § 4 Moneys disbursed only by
N. G. Blalock A. A. Lindsley appropriation.
John F. Gowey J. J. Weisenburger 12 Art. 11 § 5 County government.
Frank M. Dallam P. C. Sullivan 13 Art. 2 § 15 Vacancies in legislature.
James Z. Moore R. S. More
14 Art. 7 § 1 Taxation (and repealing Art.
E. H. Sullivan Thomas T. Minor
7 §§ 1-4.)
George Turner J. J. Travis
15 Art. 15 § 1 Harbor line commission and
Austin Mires Arnold J. West
restraint on disposition.
M. M. Godman Charles T. Fay
Gwin Hicks George W. Tibbetts 16 Art. 12 § 11 Stockholder liability.
Wm. F. Prosser H. W. Fairweather 17 Art. 7 § 2 Forty mill limit.
C. H. Warner Thomas C. Griffitts 18 Art. 2 § 40 Highway funds.
J. P. T. McCroskey J. F. Van Name 19 Art. 7 § 3 Taxation of federal agencies
S. G. Cosgrove Albert Schooley and property.
Thos. Hayton H. C. Willison
20 Art. 28 § 1 Compensation of state offic-
Charles P. Coey T. M. Reed
ers.
Robert F. Sturdevant S. H. Manly
21 Art. 11 § 4 County government and town-
John A. Shoudy Richard Jeffs
ship organization.
Allen Weir Francis Henry
W. B. Gray George Comegys 22 Art. 11 § 7 Tenure of office limited to two
Trusten P. Dyer Oliver H. Joy
terms. (Repealed.)
Geo. H. Jones David E. Durie 23 Art. 11 § 16 Combined city and county.
B. L. Sharpstein D. Buchanan 24 Art. 2 § 33 Alien ownership.
H. M. Lillis John R. Kinnear 25 Art. 4 § 3(a) Retirement of supreme court
James A. Burk Sylvious A. Dickey and superior court judges.
John McReavy Henry Winsor
26 Art. 2 § 41 Laws, effective date. Initia-
R. O. Dunbar Theodore L. Stiles tive, referendum—Amend-
Morgan Morgans Harrison Clothier ment or repeal.
Jas. Power Matt. J. McElroy
27 Art. 8 § 6 Limitations upon municipal
B. B. Glascock J. T. Eshelman
indebtedness.
O. A. Bowen Robert Jamieson
28 Art. 4 § 6 Jurisdiction of superior courts.
Sam’l H. Berry Hiram E. Allen
D. J. Crowley H. F. Suksdorf Art. 4 § 10 Justices of the peace.
J. T. McDonald J. C. Kellogg 29 Art. 2 § 33 Alien ownership.
[Page 52] (Rev. 12-10)
Constitution of the State of Washington Article XXXII Section 1

30 Art. 2 § 1(a) Initiative and referendum, sig- 57 Art. 11 §§ 5, 8 County government. Salaries
natures required. and limitations affecting.
31 Art. 3 § 25 Qualifications, compensation, 58 Art. 11 § 16 Combined city-county.
offices which may be abol- 59 Art. 7 § 2 Limitation on levies.
ished.
60 Art. 8 §§ 1, 3 State debt. Special indebted-
32 Art. 2 § 15 Vacancies in legislature and in ness, how authorized.
partisan county elective office.
61 Art. 31 §§ 1, 2 Equality not denied because of
33 Art. 24 § 1 State boundaries. sex. Enforcement power of
34 Art. 1 § 11 Religious freedom. legislature.
35 Art. 2 § 25 Extra compensation prohib- 62 Art. 3 § 12 Veto power.
ited. 63 Art. 6 § 1 Qualifications of electors.
36 Art. 2 § 1 Legislative powers, where 64 Art. 7 § 2 Limitation on levies.
vested (publicity of laws
65 Art. 4 § 6 Jurisdiction of superior courts.
referred to the people).
Art. 4 § 10 Justices of the peace.
37 Art. 23 § 1 (Amendments to Constitution)
How made. 66 Art. 12 § 18 Rates for transportation.
38 Art. 4 § 2(a) Temporary performance of 67 Art. 12 § 14 Prohibition against combina-
judicial duties. tions by carriers. (Repealed)
39 Art. 2 § 42 Governmental continuity dur- 68 Art. 2 § 12 Sessions, when—Duration.
ing emergency periods. 69 Art. 2 § 13 Limitation on members hold-
40 Art. 11 § 10 Incorporation of municipali- ing office in the state.
ties. 70 Art. 8 § 10 Residential energy conserva-
41 Art. 4 § 29 Election of superior court tion.
judges. 71 Art. 4 § 31 Judicial qualifications com-
42 (Repeals Art. 2 § 33 and mission—Removal, censure,
Amendments 24 and 29.) suspension, or retirement of
judges or justices.
43 Art. 9 § 3 (Schools) Funds for support.
72 Art. 2 § 1 Legislative powers, where
44 Art. 16 § 5 Investment of permanent com-
vested.
mon school fund.
Art. 2 § 1(a) Initiative and referendum, sig-
45 Art. 8 § 8 Port expenditures—Industrial
natures required. (Stricken)
development—Promotion.
73 Art. 32 § 1 Special revenue financing.
46 Art. 6 § 1A Voter qualifications for presi-
dential elections. 74 Art. 2 § 3 The census. (Repealed)
47 Art. 7 § 10 Retired persons property tax Art. 2 § 43 Redistricting.
exemption. Art. 27 § 13 Representation in congress.
48 Art. 8 § 3 Special indebtedness, how (Repealed)
authorized. 75 Art. 29 § 1 May be invested as authorized
49 Art. 29 § 1 (Investments of public pen- by law.
sion and retirement funds.) 76 Art. 8 § 11 Agricultural commodity
May be invested as authorized assessments—Development,
by law. promotion, and hosting.
50 Art. 4 § 30 Court of appeals. 77 Art. 4 § 31 Commission on judicial con-
51 Art. 8 § 9 State building authority. duct—Removal, censure, sus-
pension, or retirement of
52 Art. 2 § 15 Vacancies in legislature and in
judges or justices—Proceed-
partisan county elective office.
ings.
Art. 11 § 6 Vacancies in township, pre-
78 Art. 28 § 1 Salaries for legislators, elected
cinct or road district offices.
state officials, and judges—
53 Art. 7 § 11 Taxation based on actual use. Independent commission—
54 Art. 30 § 1 (Compensation of public Referendum.
officers.) Authorizing com- 79 Art. 7 § 2 Limitation on levies.
pensation increase during
80 Art. 4 § 7 Exchange of judges—Judge
term.
pro tempore.
55 Art. 7 § 2 Limitation on levies.
81 Art. 7 § 1 Taxation.
56 Art. 2 § 24 Lotteries and divorce.
(Rev. 12-10) [Page 53]
Amendment 2 Constitution of the State of Washington

82 Art. 8 § 10 Residential energy conserva- immediately preceding the election at which they offer to
tion. vote; they shall be able to read and speak the English lan-
83 Art. 6 § 3 Who disqualified. guage: Provided, That Indians not taxed shall never be
allowed the elective franchise: And further provided, That
Art. 13 § 1 Educational, reformatory, and this amendment shall not effect [affect] the right of franchise
penal institutions. of any person who is now a qualified elector of this state. The
84 Art. 1 § 35 Victims of crimes—Rights. legislature shall enact laws defining the manner of ascertain-
85 Art. 4 § 31 Commission on judicial con- ing the qualifications of voters as to their ability to read and
duct. speak the English language, and providing for punishment of
86 Art. 8 § 10 Energy and water conserva- persons voting or registering in violation of the provisions of
tion assistance. this section. [1895 p 60 Section 1. Approved November,
1896.]
87 Art. 4 § 6 Jurisdiction of superior courts.
Art. 6 Section 1 was later amended by Amendment 5.
88 Art. 1 § 11 Religious freedom.
89 Art. 4 § 3 Election and terms of supreme Amendment 3

AMENDMENT 3
court judges.
90 Art. 7 § 2 Limitation on levies. Art. 7 Section 2 was amended by adding the following
91 Art. 8 § 10 Energy, water, or stormwater proviso: "And provided further, That the legislature shall
or sewer services conservation have power, by appropriate legislation, to exempt personal
assistance. property to the amount of three hundred dollars ($300) for
92 Art. 8 § 1 State debt. each head of a family liable to assessment and taxation under
the provisions of the laws of this state of which the individual
93 Art. 29 § 1 May be invested as authorized is the actual and bona fide owner." [1899 p 121 Section 1.
by law. Approved November, 1900.]
94 Art. 4 § 7 Exchange of judges—Judge Original Art. 7 Section 2 and Amendment 3 were stricken by Amend-
pro tempore. ment 14.
95 Art. 7 § 2 Limitation on levies.
AMENDMENT 4
Amendment 4

96 Art. 2 § 15 Vacancies in legislature and in


partisan county elective office.
Art. 1 Section 11 RELIGIOUS FREEDOM. Absolute
97 Art. 4 § 31 Commission on judicial con-
freedom of conscience in all matters of religious sentiment,
duct.
belief and worship, shall be guaranteed to every individual,
98 Art. 7 § 1 Taxation. and no one shall be molested or disturbed in person or prop-
99 Art. 7 § 12 Budget stabilization account. erty on account of religion; but the liberty of conscience
100 Art. 2 § 29 Convict labor. hereby secured shall not be so construed as to excuse acts of
licentiousness or justify practices inconsistent with the peace
101 Art. 7 § 2 Limitation on levies.
and safety of the state. No public money or property shall be
102 Art. 16 § 6 Investment of higher educa- appropriated for or applied to any religious worship, exercise
tion permanent funds. or instruction, or the support of any religious establishment.
103 Art. 8 § 1 State debt. Provided, however, That this article shall not be so construed
104 Art. 1 § 20 Bail, when authorized. 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 reli-
AMENDMENT 1
gious qualification shall be required for any public office or
employment, nor shall any person be incompetent as a wit-
Art. 16 Section 5 INVESTMENT OF SCHOOL FUND. ness or juror, in consequence of his opinion on matters of reli-
None of the permanent school fund of this state shall ever be gion, nor be questioned in any court of justice touching his
loaned to private persons or corporations, but it may be religious belief to affect the weight of his testimony. [1903 p
invested in national, state, county, municipal or school dis- 283 Section 1. Approved November, 1904.]
trict bonds. [1893 p 9 Section 1. Adopted November, 1894.]
Art. 1 Section 11 was later amended by Amendments 34 and 88.
Art. 16 Section 5 was later amended by Amendment 44.

AMENDMENT 5
Amendment 5

AMENDMENT 2
Amendment 2

Article 6 was amended by striking from said article all of


Art. 6 Section 1 QUALIFICATIONS OF VOTERS. All sections one (1) and two (2) and inserting in lieu thereof the
male persons of the age of twenty-one years or over, possess- following, to be known as section one (1):
ing the following qualifications, shall be entitled to vote at all Art. 6 Section 1 QUALIFICATIONS OF ELECTORS.
elections: They shall be citizens of the United States; they All person of the age of twenty-one years or over, possessing
shall have lived in the state one year, and in the county ninety the following qualifications, shall be entitled to vote at all
days, and in the city, town, ward or precinct thirty days elections: They shall be citizens of the United States; they
[Page 54] (Rev. 12-10)
Constitution of the State of Washington Amendment 7

shall have lived in the state one year, and in the county ninety AMENDMENT 7
Amendment 7

days, and in the city, town, ward or precinct thirty days


immediately preceding the election at which they offer to Article 2 was amended by striking all of sections 1 and
vote; they shall be able to read and speak the English lan- 31, and inserting in lieu thereof as section 1 the following, so
guage: Provided, That Indians not taxed shall never be that the same shall read as follows:
allowed the elective franchise: And further provided, That Art. 2 Section 1 LEGISLATIVE POWERS, WHERE
this amendment shall not affect the rights of franchise of any VESTED. The legislative authority of the state of Washing-
person who is now a qualified elector of this state. The legis- ton shall be vested in the legislature, consisting of a senate
lative authority shall enact laws defining the manner of ascer- and house of representatives, which shall be called the legis-
taining the qualifications of voters as to their ability to read lature of the state of Washington, but the people reserve to
and speak the English language, and providing for punish- themselves the power to propose bills, laws, and to enact or
ment of persons voting or registering in violation of the pro- reject the same at the polls, independent of the legislature,
vision of this section. There shall be no denial of the elective and also reserve power, at their own option, to approve or
franchise at any election on account of sex. [1909 p 26 Sec- reject at the polls any act, item, section or part of any bill, act
tion 1. Approved November, 1910.] or law passed by the legislature.
(a) Initiative: The first power reserved by the people is
Prior amendment of Art. 6, see Amendment 2.
the initiative. Ten per centum, but in no case more than fifty
Art. 6. Section 1 was later amended by Amendment 63. thousand, of the legal voters shall be required to propose any
measure by such petition, and every such petition shall
Amendment 6
include the full text of the measure so proposed. Initiative
AMENDMENT 6 petitions shall be filed with the secretary of state not less than
four months before the election at which they are to be voted
Art. 3 Section 10 VACANCY IN OFFICE OF GOVER- upon, or not less than ten days before any regular session of
NOR. In case of the removal, resignation, death or disability the legislature. If filed at least four months before the elec-
of the governor, the duties of the office shall devolve upon tion at which they are to be voted upon, he shall submit the
the lieutenant governor; and in case of a vacancy in both the same to the vote of the people at the said election. If such
offices of governor and lieutenant governor, the duties of the petitions are filed not less than ten days before any regular
governor shall devolve upon the secretary of state. In addi- session of the legislature, he shall transmit the same to the
tion to the line of succession to the office and duties of gov- legislature as soon as it convenes and organizes. Such initia-
tive measure shall take precedence over all other measures in
ernor as hereinabove indicated, if the necessity shall arise, in
the legislature except appropriation bills and shall be either
order to fill the vacancy in the office of governor, the follow-
enacted or rejected without change or amendment by the leg-
ing state officers shall succeed to the duties of governor and
islature before the end of such regular session. If any such
in the order named, viz.: Treasurer, auditor, attorney general,
initiative measure shall be enacted by the legislature it shall
superintendent of public instruction and commissioner of
be subject to the referendum petition, or it may be enacted
public lands. In case of the death, disability, failure or refusal and referred by the legislature to the people for approval or
of the person regularly elected to the office of governor to rejection at the next regular election. If it is rejected or if no
qualify at the time provided by law, the duties of the office action is taken upon it by the legislature before the end of
shall devolve upon the person regularly elected to and quali- such regular session, the secretary of state shall submit it to
fied for the office of lieutenant governor, who shall act as the people for approval or rejection at the next ensuing regu-
governor until the disability be removed, or a governor be lar general election. The legislature may reject any measure
elected; and in case of the death, disability, failure or refusal so proposed by initiative petition and propose a different one
of both the governor and the lieutenant governor elect to dealing with the same subject, and in such event both mea-
qualify, the duties of the governor shall devolve upon the sec- sures shall be submitted by the secretary of state to the people
retary of state; and in addition to the line of succession to the for approval or rejection at the next ensuing regular general
office and duties of governor as hereinabove indicated, if election. When conflicting measures are submitted to the
there shall be the failure or refusal of any officer named people the ballots shall be so printed that a voter can express
above to qualify, and if the necessity shall arise by reason separately by making one cross (X) for each, two preferences,
thereof, then in that event in order to fill the vacancy in the first, as between either measure and neither, and secondly, as
office of governor, the following state officers shall succeed between one and the other. If the majority of those voting on
to the duties of governor in the order named, viz.: Treasurer, the first issue is for neither, both fail, but in that case the votes
auditor, attorney general, superintendent of public instruction on the second issue shall nevertheless be carefully counted
and commissioner of public lands. Any person succeeding to and made public. If a majority voting on the first issue is for
the office of governor as in this section provided, shall per- either, then the measure receiving a majority of the votes on
form the duties of such office only until the disability be the second issue shall be law.
removed, or a governor be elected and qualified; and if a
Portion of subdivision (a) is superseded by Amendment 30.
vacancy occur more than thirty days before the next general
election occurring within two years after the commencement (b) Referendum. The second power reserved by the peo-
of the term, a person shall be elected at such election to fill ple is the referendum, and it may be ordered on any act, bill,
the office of governor for the remainder of the unexpired law, or any part thereof passed by the legislature, except such
term. [1909 p 642 Section 1. Approved November, 1910.] laws as may be necessary for the immediate preservation of
(Rev. 12-10) [Page 55]
Amendment 8 Constitution of the State of Washington

the public peace, health or safety, support of the state govern- AMENDMENT 8
Amendment 8

ment and its existing public institutions, either by petition


signed by the required percentage of the legal voters, or by Article 1 was amended by adding the two following sec-
the legislature as other bills are enacted. Six per centum, but tions:
in no case more than thirty thousand, of the legal voters shall Art. 1 Section 33 RECALL OF ELECTIVE OFFIC-
be required to sign and make a valid referendum petition. ERS. Every elective public officer in the state of Washington
Portion of subdivision (b) is superseded by Amendment 30.
expect [except] judges of courts of record is subject to recall
and discharge by the legal voters of the state, or of the politi-
(c) No act, law, or bill subject to referendum shall take cal subdivision of the state, from which he was elected when-
effect until ninety days after the adjournment of the session at ever a petition demanding his recall, reciting that such officer
which it was enacted. No act, law, or bill approved by a has committed some act or acts of malfeasance or misfea-
majority of the electors voting thereon shall be amended or sance while in office, or who has violated his oath of office,
repealed by the legislature within a period of two years fol- stating the matters complained of, signed by the percentages
lowing such enactment. But such enactment may be amended of the qualified electors thereof, hereinafter provided, the
or repealed at any general regular or special election by percentage required to be computed from the total number of
direct vote of the people thereon. votes cast for all candidates for his said office to which he
was elected at the preceding election, is filed with the officer
Subdivision (c) is superseded by Amendment 26.
with whom a petition for nomination, or certificate for nomi-
(d) The filing of a referendum petition against one or nation, to such office must be filed under the laws of this
more items, sections or parts of any act, law or bill shall not state, and the same officer shall call a special election as pro-
delay the remainder of the measure from becoming operative. vided by the general election laws of this state, and the result
Referendum petitions against measures passed by the legisla- determined as therein provided.
ture shall be filed with the secretary of state not later than
Art. 1 Section 34 SAME. The legislature shall pass the
ninety days after the final adjournment of the session of the
necessary laws to carry out the provisions of section thirty-
legislature which passed the measure on which the referen-
three (33) of this article, and to facilitate its operation and
dum is demanded. The veto power of the governor shall not
effect without delay: Provided, That the authority hereby
extend to measures initiated by or referred to the people. All
conferred upon the legislature shall not be construed to grant
elections on measures referred to the people of the state shall
to the legislature any exclusive power of law-making nor in
be had at the biennial regular elections, except when the leg-
any way limit the initiative and referendum powers reserved
islature shall order a special election. Any measure initiated
by the people. The percentages required shall be, state offic-
by the people or referred to the people as herein provided
ers, other than judges, senators and representatives, city offic-
shall take effect and become the law if it is approved by a
ers of cities of the first class, school district boards in cities of
majority of the votes cast thereon: Provided, That the vote
the first class; county officers of counties of the first, second
cast upon such question or measure shall equal one-third of
and third classes, twenty-five per cent. Officers of all other
the total votes cast at such election and not otherwise. Such
political subdivisions, cities, towns, townships, precincts and
measure shall be in operation on and after the thirtieth day
school districts not herein mentioned, and state senators and
after the election at which it is approved. The style of all bills
representatives, thirty-five per cent. [1911 p 504 Section 1.
proposed by initiative petition shall be: "Be it enacted by the
Approved November, 1912.]
people of the State of Washington." This section shall not be
construed to deprive any member of the legislature of the
AMENDMENT 9
Amendment 9

right to introduce any measure. The whole number of elec-


tors who voted for governor at the regular gubernatorial
election last preceding the filing of any petition for the initia- Art. 1 Section 16 EMINENT DOMAIN. Private prop-
tive or for the referendum shall be the basis on which the erty shall not be taken for private use, except for private ways
number of legal voters necessary to sign such petition shall of necessity, and for drains, flumes, or ditches on or across
be counted. All such petitions shall be filed with the secre- the lands of others for agricultural, domestic, or sanitary pur-
tary of state, who shall be guided by the general laws in sub- poses. No private property shall be taken or damaged for
mitting the same to the people until additional legislation public or private use without just compensation having been
shall especially provide therefor. This section is self-execut- first made, or paid into court for the owner, and no right-of-
ing, but legislation may be enacted especially to facilitate its way shall be appropriated to the use of any corporation other
operation. than municipal until full compensation therefor be first made
The legislature shall provide methods of publicity of all in money, or ascertained and paid into court for the owner,
laws or parts of laws, and amendments to the constitution irrespective of any benefit from any improvement proposed
referred to the people with arguments for and against the by such corporation, which compensation shall be ascer-
laws and amendments so referred, so that each voter of the tained by a jury, unless a jury be waived, as in other civil
state shall receive the publication at least fifty days before the cases in courts of record, in the manner prescribed by law.
election at which they are to be voted upon. [1911 p 136 Sec- Whenever an attempt is made to take private property for a
tion 1. Approved November, 1912.] use alleged to be public, the question whether the contem-
plated use be really public shall be a judicial question, and
Last paragraph is superseded by Amendment 36.
determined as such, without regard to any legislative asser-
Art. 2 Section 1 was later amended by Amendment 72. tion that the use is public: Provided, that the taking of private
[Page 56] (Rev. 12-10)
Constitution of the State of Washington Amendment 15

property by the state for land reclamation and settlement pur- come into their possession. [1923 p 255 Section 1.
poses is hereby declared to be for public use. [1919 p 385 Approved November, 1924.]
Section 1. Approved November, 1920.] Art. 11 Section 5 was later amended by Amendment 57.

AMENDMENT 10
Amendment 10

AMENDMENT 13
Amendment 13

Art. 1 Section 22 RIGHTS OF THE ACCUSED. In


Art. 2 Section 15 VACANCIES IN LEGISLATURE.
criminal prosecutions the accused shall have the right to Such vacancies as may occur in either house of the legislature
appear and defend in person, or by counsel, to demand the shall be filled by appointment by the board of county com-
nature and cause of the accusation against him, to have a copy
missioners of the county in which the vacancy occurs, and the
thereof, to testify in his own behalf, to meet the witnesses
person so appointed shall hold office until his successor is
against him face to face, to have compulsory process to com- elected at the next general election, and shall have qualified:
pel the attendance of witnesses in his own behalf, to have a Provided, That in case of a vacancy occurring in the office of
speedy public trial by an impartial jury of the county in which joint senator, the vacancy shall be filled by appointment by
the offense is charged to have been committed and the right
the joint action of the boards of county commissioners of the
to appeal in all cases: Provided, The route traversed by any
counties composing the joint senatorial district. [1929 p 690.
railway coach, train or public conveyance, and the water tra- Approved November, 1930.]
versed by any boat shall be criminal districts; and the juris-
diction of all public offenses committed on any such railway Art. 2 Section 15 was later amended by Amendments 32, 52, and 96.
car, coach, train, boat or other public conveyance, or at any
station or depot upon such route, shall be in any county AMENDMENT 14
Amendment 14

through which the said car, coach, train, boat or other public
conveyance may pass during the trip or voyage, or in which Article 7 is amended by striking out all of sections 1, 2,
the trip or voyage may begin or terminate. In no instance 3 and 4, and inserting in lieu thereof the following, to be
shall any accused person before final judgment be compelled known as section 1:
to advance money or fees to secure the rights herein guaran- Art. 7 Section 1 TAXATION. The power of taxation
teed. [1921 p 79 Section 1. Approved November, 1922.] shall never be suspended, surrendered or contracted away.
All taxes shall be uniform upon the same class of property
Amendment 11

AMENDMENT 11 within the territorial limits of the authority levying the tax
and shall be levied and collected for public purposes only.
Art. 8 Section 4 MONEYS DISBURSED ONLY BY The word "property" as used herein shall mean and include
APPROPRIATIONS. No moneys shall ever be paid out of everything, whether tangible or intangible, subject to owner-
the treasury of this state, or any of its funds, or any of the ship. All real estate shall constitute one class: Provided,
funds under its management, except in pursuance of an That the legislature may tax mines and mineral resources and
appropriation by law; nor unless such payment be made lands devoted to reforestation by either a yield tax or an ad
within one calendar month after the end of the next ensuing valorem tax at such rate as it may fix, or by both. Such prop-
fiscal biennium, and every such law making a new appropri- erty as the legislature may by general laws provide shall be
ation, or continuing or reviving an appropriation, shall dis- exempt from taxation. Property of the United States and of
tinctly specify the sum appropriated, and the object to which the state, counties, school districts and other municipal cor-
it is to be applied, and it shall not be sufficient for such law to porations, and credits secured by property actually taxed in
refer to any other law to fix such sum. [1921 p 80 Section 1. this state, not exceeding in value the value of such property,
Approved November, 1922.] shall be exempt from taxation. The legislature shall have
power, by appropriate legislation, to exempt personal prop-
Amendment 12

AMENDMENT 12 erty to the amount of three hundred ($300.00) dollars for each
head of a family liable to assessment and taxation under the
Art. 11 Section 5 COUNTY GOVERNMENT. The leg- provisions of the laws of this state of which the individual is
islature, by general and uniform laws, shall provide for the the actual bona fide owner. [1929 p 499 Section 1. Approved
election in the several counties of boards of county commis- November, 1930.]
sioners, sheriffs, county clerks, treasurers, prosecuting attor- Amendment 17 added a new Section 2.
neys and other county, township or precinct and district offic- Amendment 19 added a new Section 3.
ers, as public convenience may require, and shall prescribe
their duties, and fix their terms of office: Provided, That the Art. 7 Section 1 was later amended by Amendments 81 and 98.
legislature may, by general laws, classify the counties by
population and provide for the election in certain classes of AMENDMENT 15
Amendment 15

counties certain officers who shall exercise the powers and


perform the duties of two or more officers. It shall regulate Art. 15 Section 1 HARBOR LINE COMMISSION
the compensation of all such officers, in proportion to their AND RESTRAINT ON DISPOSITION. The legislature
duties, and for that purpose may classify the counties by pop- shall provide for the appointment of a commission whose
ulation. And it shall provide for the strict accountability of duty it shall be to locate and establish harbor lines in the nav-
such officers for all fees which may be collected by them and igable waters of all harbors, estuaries, bays and inlets of this
for all public moneys which may be paid to them, or officially state, wherever such navigable waters lie within or in front of
(Rev. 12-10) [Page 57]
Amendment 16 Constitution of the State of Washington

the corporate limits of any city, or within one mile thereof on lic utility district. Such aggregate limitation or any specific
either side. Any harbor line so located or established may limitation imposed by law in conformity therewith may be
thereafter be changed, relocated or reestablished by the com- exceeded only
mission pursuant to such provision as may be made therefor (a) By any taxing district when specifically authorized so
by the legislature. The state shall never give, sell or lease to to do by a majority of at least three-fifths of the electors
any private person, corporation, or association any rights thereof voting on the proposition to levy such additional tax
whatever in the waters beyond such harbor lines, nor shall submitted not more than twelve months prior to the date on
any of the area lying between any harbor line and the line of which the proposed levy is to be made and not oftener than
ordinary high water, and within not less than fifty feet nor twice in such twelve month period, either at a special election
more than two thousand feet of such harbor line (as the com- or at the regular election of such taxing district, at which elec-
mission shall determine) be sold or granted by the state, nor tion the number of persons voting on the proposition shall
its rights to control the same relinquished, but such area shall constitute not less than forty per centum of the total number
be forever reserved for landings, wharves, streets, and other of votes cast in such taxing district at the last preceding gen-
conveniences of navigation and commerce. [1931 p 417 Sec- eral election;
tion 1. Approved November, 1932.] (b) By any taxing district otherwise authorized by law to
issue general obligation bonds for capital purposes, for the
Amendment 16

AMENDMENT 16 sole purpose of making the required payments of principal


and interest on general obligation bonds issued solely for
Art. 12 Section 11 STOCKHOLDER LIABILITY. No capital purposes, other than the replacement of equipment,
corporation, association, or individual shall issue or put in when authorized so to do by majority of at least three-fifths of
circulation as money anything but the lawful money of the the electors thereof voting on the proposition to issue such
United States. Each stockholder of any banking or insurance bonds and to pay the principal and interest thereon by an
corporation or joint stock association shall be individually annual tax levy in excess of the limitation herein provided
and personally liable equally and ratably, and not one for during the term of such bonds, submitted not oftener than
another, for all contracts, debts, and engagements of such twice in any calendar year, at an election held in the manner
corporation or association accruing while they remain such provided by law for bond elections in such taxing district, at
stockholders, to the extent of the amount of their stock which election the total number of persons voting on the
therein at the par value thereof, in addition to the amount proposition shall constitute not less than forty per centum of
invested in such shares. the total number of votes cast in such taxing district at the last
The legislature may provide that stockholders of banking preceding general election: Provided, That any such taxing
corporations organized under the laws of this state which district shall have the right by vote of its governing body to
shall provide and furnish, either through membership in the refund any general obligation bonds of said district issued for
Federal Deposit Insurance Corporation, or through member- capital purposes only, and to provide for the interest thereon
ship in any other instrumentality of the government of the and amortization thereof by annual levies in excess of the tax
United States, insurance or security for the payment of the limitation provided for herein, and Provided further, That the
debts and obligations of such banking corporation equivalent provisions of this section shall also be subject to the limita-
to that required by the laws of the United States to be fur- tions contained in Article VIII, Section 6, of this Constitu-
nished and provided by national banking associations, shall tion;
be relieved from liability for the debts and obligations of such (c) By the state or any taxing district for the purpose of
banking corporation to the same extent that stockholders of paying the principal or interest on general obligation bonds
national banking associations are relieved from liability for outstanding on December 6, 1934; or for the purpose of pre-
the debts and obligations of such national banking associa- venting the impairment of the obligation of a contract when
tions under the laws of the United States. [1939 Senate Joint ordered so to do by a court of last resort. [1943 House Joint
Resolution No. 8, p 1024. Approved November, 1940.] Resolution No. 1, p 936. Approved November, 1944.]
Art. 7 Section 2 was later amended by Amendments 55, 59, 64, 79, 90,
Amendment 17

AMENDMENT 17 95, and 101.

Art. 7 Section 2 FORTY MILL LIMIT. Except as here- AMENDMENT 18


Amendment 18

inafter provided and notwithstanding any other provision of


this Constitution, the aggregate of all tax levies upon real and Art. 2 Section 40 HIGHWAY FUNDS. All fees col-
personal property by the state and all taxing districts now lected by the State of Washington as license fees for motor
existing or hereafter created, shall not in any year exceed vehicles and all excise taxes collected by the State of Wash-
forty mills on the dollar of assessed valuation, which assessed ington on the sale, distribution or use of motor vehicle fuel
valuation shall be fifty per centum of the true and fair value and all other state revenue intended to be used for highway
of such property in money: Provided, however, That nothing purposes, shall be paid into the state treasury and placed in a
herein shall prevent levies at the rates now provided by law special fund to be used exclusively for highway purposes.
by or for any port or public utility district. The term "taxing Such highway purposes shall be construed to include the fol-
district" for the purposes of this section shall mean any polit- lowing:
ical subdivision, municipal corporation, district, or other gov- (a) The necessary operating, engineering and legal
ernmental agency authorized by law to levy, or have levied expenses connected with the administration of public high-
for it, ad valorem taxes on property, other than a port or pub- ways, county roads and city streets;
[Page 58] (Rev. 12-10)
Constitution of the State of Washington Amendment 21

(b) The construction, reconstruction, maintenance, general laws shall provide for township organization, under
repair, and betterment of public highways, county roads, which any county may organize whenever a majority of the
bridges and city streets; including the cost and expense of (1) qualified electors of such county voting at a general election
acquisition of rights-of-way, (2) installing, maintaining and shall so determine; and whenever a county shall adopt town-
operating traffic signs and signal lights, (3) policing by the ship organization, the assessment and collection of the reve-
state of public highways, (4) operation of movable span nue shall be made, and the business of such county and the
bridges, (5) operation of ferries which are a part of any public local affairs of the several townships therein, shall be man-
highway, county road, or city street; aged and transacted in the manner prescribed by such general
(c) The payment or refunding of any obligation of the law.
State of Washington, or any political subdivision thereof, for Any county may frame a "Home Rule" charter for its
which any of the revenues described in section 1 may have own government subject to the Constitution and laws of this
been legally pledged prior to the effective date of this act; state, and for such purpose the legislative authority of such
(d) Refunds authorized by law for taxes paid on motor county may cause an election to be had, at which election
vehicle fuels; there shall be chosen by the qualified voters of said county
(e) The cost of collection of any revenues described in not less than fifteen (15) nor more than twenty-five (25) free-
this section: holders thereof, as determined by the legislative authority,
Provided, That this section shall not be construed to who shall have been residents of said county for a period of at
include revenue from general or special taxes or excises not least five (5) years preceding their election and who are them-
levied primarily for highway purposes, or apply to vehicle selves qualified electors, whose duty it shall be to convene
operator’s license fees or any excise tax imposed on motor within thirty (30) days after their election and prepare and
vehicles or the use thereof in lieu of a property tax thereon, or propose a charter for such county. Such proposed charter
fees for certificates of ownership of motor vehicles. [1943 shall be submitted to the qualified electors of said county, and
House Joint Resolution No. 4, p 938. Approved November, if a majority of such qualified electors voting thereon ratify
1944.] the same, it shall become the charter of said county and shall
become the organic law thereof, and supersede any existing
Amendment 19

AMENDMENT 19 charter, including amendments thereto, or any existing form


of county government, and all special laws inconsistent with
Art. 7 Section 3 TAXATION OF FEDERAL AGEN- such charter. Said proposed charter shall be published in two
CIES AND PROPERTY. The United States and its agencies (2) legal newspapers published in said county, at least once a
and instrumentalities, and their property, may be taxed under week for four (4) consecutive weeks prior to the day of sub-
any of the tax laws of this state, whenever and in such manner mitting the same to the electors for their approval as above
as such taxation may be authorized or permitted under the provided. All elections in this section authorized shall only
laws of the United States, notwithstanding anything to the be had upon notice, which notice shall specify the object of
contrary in the Constitution of this state. [1945 House Joint calling such election and shall be given for at least ten (10)
Resolution No. 9, p 932. Approved November, 1946.] days before the day of election in all election districts of said
county. Said elections may be general or special elections
Amendment 20

AMENDMENT 20 and except as herein provided, shall be governed by the law


regulating and controlling general or special elections in said
Art. 28 Section 1 COMPENSATION OF STATE county. Such charter may be amended by proposals therefor
OFFICERS. All elected state officials shall each severally submitted by the legislative authority of said county to the
receive such compensation as the legislature may direct. The electors thereof at any general election after notice of such
compensation of any state officer shall not be increased or submission published as above specified, and ratified by a
diminished during his term of office, except that the legisla- majority of the qualified electors voting thereon. In submit-
ture, at its thirty-first regular session, may increase or dimin- ting any such charter or amendment thereto, any alternate
ish the compensation of all state officers whose terms exist on article or proposition may be presented for the choice of the
the Thursday after the second Monday in January, 1949. voters and may be voted on separately without prejudice to
The provisions of sections 14, 16, 17, 19, 20, 21, and 22 others.
of Article III and section 23 of Article II in so far as they are Any home rule charter proposed as herein provided, may
inconsistent herewith, are hereby repealed. [1947 Senate provide for such county officers as may be deemed necessary
Joint Resolution No. 4, p 1371. Approved November 2, to carry out and perform all county functions as provided by
1948.] charter or by general law, and for their compensation, but
shall not affect the election of the prosecuting attorney, the
Art. 28 Section 1 was later amended by Amendment 78.
county superintendent of schools, the judges of the superior
Authorizing compensation increase during term: See Amendment 54. court, and the justices of the peace, or the jurisdiction of the
courts.
AMENDMENT 21 Notwithstanding the foregoing provision for the calling
Amendment 21

of an election by the legislative authority of such county for


Art. 11 Section 4 COUNTY GOVERNMENT AND the election of freeholders to frame a county charter, regis-
TOWNSHIP ORGANIZATION. The legislature shall estab- tered voters equal in number to ten (10) per centum of the
lish a system of county government, which shall be uniform voters of any such county voting at the last preceding general
throughout the state except as hereinafter provided, and by election, may at any time propose by petition the calling of an
(Rev. 12-10) [Page 59]
Amendment 22 Constitution of the State of Washington

election of freeholders. The petition shall be filed with the AMENDMENT 22


Amendment 22

county auditor of the county at least three (3) months before


any general election and the proposal that a board of free- Section 7, Article XI, Constitution of the State of Wash-
holders be elected for the purpose of framing a county charter ington is hereby repealed. [1947 House Joint Resolution No.
shall be submitted to the vote of the people at said general 4, p 1385. Approved November 2, 1948.]
election, and at the same election a board of freeholders of
AMENDMENT 23
Amendment 23

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 Art. 11 Section 16 COMBINED CITY AND COUNTY.
qualified electors as candidates for said board of freeholders The legislature shall, by general law, provide for the forma-
shall be prescribed by the legislative authority of the county, tion of combined city and county municipal corporations, and
and the procedure for the framing of the charter and the sub- for the manner of determining the territorial limits thereof,
mission of the charter as framed shall be the same as in the each of which shall be known as a "city and county," and,
case of a board of freeholders chosen at an election initiated when organized, shall contain a population of at least three
by the legislative authority of the county. hundred thousand (300,000) inhabitants. No such city and
county shall be formed except by a majority vote of the qual-
In calling for any election of freeholders as provided in ified electors of the area proposed to be included therein and
this section, the legislative authority of the county shall also by a majority vote of the qualified electors of the remain-
apportion the number of freeholders to be elected in accor- der of that county from which such area is to be taken. Any
dance with either the legislative districts or the county com- such city and county shall be permitted to frame a charter for
missioner districts, if any, within said county, the number of its own government, and amend the same, in the manner pro-
said freeholders to be elected from each of said districts to be vided for cities by section 10 of this article: Provided, how-
in proportion to the population of said districts as nearly as ever, That the first charter of such city and county shall be
may be. framed and adopted in a manner to be specified in the general
Should the charter proposed receive the affirmative vote law authorizing the formation of such corporations: Pro-
of the majority of the electors voting thereon, the legislative vided further, That every such charter shall designate the
authority of the county shall immediately call such special respective officers of such city and county who shall perform
election as may be provided for therein, if any, and the county the duties imposed by law upon county officers. Every such
government shall be established in accordance with the terms city and county shall have and enjoy all rights, powers and
of said charter not more than six (6) months after the election privileges asserted in its charter, not inconsistent with general
at which the charter was adopted. laws, and in addition thereto, such rights, powers and privi-
The terms of all elective officers, except the prosecuting leges as may be granted to it, or possessed and enjoyed by cit-
attorney, the county superintendent of schools, the judges of ies and counties of like population separately organized.
the superior court, and the justices of the peace, who are in No county or county government existing outside the ter-
office at the time of the adoption of a Home Rule Charter ritorial limits of such county and city shall exercise any
shall terminate as provided in the charter. All appointive police, taxation or other powers within the territorial limits of
officers in office at the time the charter goes into effect, such county and city, but all such powers shall be exercised
whose positions are not abolished thereby, shall continue by the city and county and the officers thereof, subject to such
constitutional provisions and general laws as apply to either
until their successors shall have qualified.
cities or counties: Provided, That the provisions of sections
After the adoption of such charter, such county shall con- 2, 3, 4, 5, 6, 7, and 8 of this article shall not apply to any such
tinue to have all the rights, powers, privileges and benefits city and county: Provided further, That the salary of any
then possessed or thereafter conferred by general law. All the elective or appointive officer of a city and county shall not be
powers, authority and duties granted to and imposed on changed after his election or appointment or during his term
county officers by general law, except the prosecuting attor- of office; nor shall the term of any such officer be extended
ney, the county superintendent of schools, the judges of the beyond the period for which he is elected or appointed. In
superior court and the justices of the peace, shall be vested in case an existing county is divided in the formation of a city
the legislative authority of the county unless expressly vested and county, such city and county shall be liable for a just pro-
in specific officers by the charter. The legislative authority portion of the existing debts or liabilities of the former
may by resolution delegate any of its executive or administra- county, and shall account for and pay the county remaining a
tive powers, authority or duties not expressly vested in spe- just proportion of the value of any real estate or other prop-
cific officers by the charter, to any county officer or officers erty owned by the former county and taken over by the
or county employee or employees. county and city, the method of determining such just propor-
The provisions of sections 5, 6, 7, and the first sentence tion to be prescribed by general law, but such division shall
of section 8 of this Article as amended shall not apply to not affect the rights of creditors. The officers of a city and
counties in which the government has been established by county, their compensation, qualifications, term of office and
charter adopted under the provisions hereof. The authority manner of election or appointment shall be as provided for in
conferred on the board of county commissioners by Section its charter, subject to general laws and applicable constitu-
15 of Article II as amended, shall be exercised by the legisla- tional provisions. [1947 House Joint Resolution No. 13, p
tive authority of the county. [1947 Senate Joint Resolution 1386. Approved November 2, 1948.]
No. 5, p 1372. Approved November 2, 1948.] Art. 11 Section 16 was later amended by Amendment 58.

[Page 60] (Rev. 12-10)


Constitution of the State of Washington Amendment 28

AMENDMENT 24 provisions supersede the provisions of subsection (c) of sec-


Amendment 24

tion 1 of this article as amended by the seventh amendment to


[Repealed by AMENDMENT 42, 1965 ex.s. Senate Joint the Constitution of this state. [1951 Substitute Senate Joint
Resolution No. 20, p 2816. Approved November 8, 1966.] Resolution No. 7, p 959. Approved November 4, 1952.]
Text of Amendment 24 - Art. 2 Section 33 ALIEN OWNERSHIP - Reviser’s note: In third sentence, comma between "general" and "reg-
ular" omitted in conformity with enrolled resolution.
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 Amendment 27

AMENDMENT 27
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 Art. 8 Section 6 LIMITATIONS UPON MUNICIPAL
not apply to lands containing valuable deposits of minerals, metals, iron, INDEBTEDNESS. No county, city, town, school district, or
coal, or fire clay, and the necessary land for mills and machinery to be used other municipal corporation shall for any purpose become
in the development thereof and the manufacture of the products therefrom: indebted in any manner to an amount exceeding one and one-
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 half per centum of the taxable property in such county, city,
expressly or by implication prohibit ownership of provincial lands by citi- town, school district, or other municipal corporation, without
zens of this state. Every corporation, the majority of the capital stock of the assent of three-fifths of the voters therein voting at an
which is owned by aliens, shall be considered an alien for the purposes of election to be held for that purpose, nor in cases requiring
this prohibition. [1949 Senate Joint Resolution No. 9, p 999. Approved
November 7, 1950.] such assent shall the total indebtedness at any time exceed
Art. 2 Section 33 was also amended by Amendment 29.
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,
AMENDMENT 25
Amendment 25

except that in incorporated cities the assessment shall be


taken from the last assessment for city purposes: Provided,
Article 4 was amended by adding the following section: That no part of the indebtedness allowed in this section shall
Art. 4 Section 3(a) RETIREMENT OF SUPREME be incurred for any purpose other than strictly county, city,
COURT AND SUPERIOR COURT JUDGES. A judge of town, school district, or other municipal purposes: Provided
the supreme court or the superior court shall retire from judi- further, That (a) any city or town, with such assent, may be
cial office at the end of the calendar year in which he attains allowed to become indebted to a larger amount, but not
the age of seventy-five years. The legislature may, from time exceeding five per centum additional for supplying such city
to time, fix a lesser age for mandatory retirement, not earlier or town with water, artificial light, and sewers, when the
than the end of the calendar year in which any such judge works for supplying such water, light, and sewers shall be
attains the age of seventy years, as the legislature deems owned and controlled by the municipality and (b) any school
proper. This provision shall not affect the term to which any district with such assent, may be allowed to become indebted
such judge shall have been elected or appointed prior to, or at to a larger amount but not exceeding five per centum addi-
the time of, approval and ratification of this provision. Not- tional for capital outlays. [1951 House Joint Resolution No.
withstanding the limitations of this section, the legislature 8, p 961. Approved November 4, 1952.]
may by general law authorize or require the retirement of
judges for physical or mental disability, or any cause render- Amendment 28

AMENDMENT 28
ing judges incapable of performing their judicial duties.
[1951 House Joint Resolution No. 6, p 960. Approved Art. 4 Section 6 JURISDICTION OF SUPERIOR
November 4, 1952.] COURTS. The superior court shall have original jurisdiction
in all cases in equity and in all cases at law which involve the
AMENDMENT 26 title or possession of real property, or the legality of any tax,
Amendment 26

impost, assessment, toll, or municipal fine, and in all other


Article 2 was amended by adding the following section: cases in which the demand or the value of the property in con-
Art. 2 Section 41 LAWS, EFFECTIVE DATE. INI- troversy amounts to one thousand dollars, or a lesser sum in
TIATIVE, REFERENDUM - AMENDMENT OR REPEAL. excess of the jurisdiction granted to justices of the peace and
No act, law, or bill subject to referendum shall take effect other inferior courts, and in all criminal cases amounting to
until ninety days after the adjournment of the session at felony, and in all cases of misdemeanor not otherwise pro-
which it was enacted. No act, law or bill approved by a vided for by law; of actions of forcible entry and detainer; of
majority of the electors voting thereon shall be amended or proceedings in insolvency; of actions to prevent or abate a
repealed by the legislature within a period of two years fol- nuisance; of all matters of probate, of divorce, and for annul-
lowing such enactment: Provided, That any such act, law or ment of marriage; and for such special cases and proceedings
bill may be amended within two years after such enactment at as are not otherwise provided for. The superior court shall
any regular or special session of the legislature by a vote of also have original jurisdiction in all cases and of all proceed-
two-thirds of all the members elected to each house with full ings in which jurisdiction shall not have been by law vested
compliance with section 12, Article III, of the Washington exclusively in some other court; and said court shall have the
Constitution, and no amendatory law adopted in accordance power of naturalization and to issue papers therefor. They
with this provision shall be subject to referendum. But such shall have such appellate jurisdiction in cases arising in jus-
enactment may be amended or repealed at any general regular tices’ and other inferior courts in their respective counties as
or special election by direct vote of the people thereon. These may be prescribed by law. They shall always be open, except
(Rev. 12-10) [Page 61]
Amendment 29 Constitution of the State of Washington

on nonjudicial days, and their process shall extend to all parts part thereof, shall be equal to four per centum of the number of voters regis-
tered and voting for the office of governor at the last preceding regular
of the state. Said courts and their judges shall have power to gubernatorial election. These provisions supersede the requirements speci-
issue writs of mandamus, quo warranto, review, certiorari, fied in section 1 of this article as amended by the seventh amendment to the
prohibition, and writs of habeas corpus, on petition by or on Constitution of this state. [1955 Senate Joint Resolution No. 4, p 1860.
behalf of any person in actual custody in their respective Approved November 6, 1956.]
counties. Injunctions and writs of prohibition and of habeas
corpus may be issued and served on legal holidays and non- AMENDMENT 31
Amendment 31

judicial days.
Later amendment to Art. 4 Section 6, see Amendment 87. Art. 3 Section 25 QUALIFICATIONS, COMPENSA-
TION, OFFICES WHICH MAY BE ABOLISHED. No per-
Art. 4 Section 10 JUSTICES OF THE PEACE. The son, except a citizen of the United States and a qualified elec-
legislature shall determine the number of justices of the peace tor of this state, shall be eligible to hold any state office. The
compensation for state officers shall not be increased or
to be elected and shall prescribe by law the powers, duties
and jurisdiction of justices of the peace: Provided, That such diminished during the term for which they shall have been
jurisdiction granted by the legislature shall not trench upon elected. The legislature may in its discretion abolish the
the jurisdiction of superior or other courts of record, except offices of the lieutenant governor, auditor and commissioner
that justices of the peace may be made police justices of of public lands. [1955 Senate Joint Resolution No. 6, p 1861.
Approved November 6, 1956.]
incorporated cities and towns. Justices of the peace shall
Authorizing compensation increase during term: See Amendment 54.
have original jurisdiction in cases where the demand or value
of the property in controversy is less than three hundred dol-
AMENDMENT 32
Amendment 32

lars or such greater sum, not to exceed one thousand dollars,


as shall be prescribed by the legislature. In incorporated cit- Art. 2 Section 15 VACANCIES IN LEGISLATURE
ies or towns having more than five thousand inhabitants, the AND IN PARTISAN COUNTY ELECTIVE OFFICE. Such
justices of the peace shall receive such salary as may be pro- vacancies as may occur in either house of the legislature or in
vided by law, and shall receive no fees for their own use. any partisan county elective office shall be filled by appoint-
[1951 Substitute House Joint Resolution No. 13, p 962. ment by the board of county commissioners of the county in
Approved November 4, 1952.] which the vacancy occurs: Provided, That the person
Later amendment to Art. 4 Section 6 and Section 10, see Amendment appointed to fill the vacancy must be from the same legisla-
65. tive district and the same political party as the legislator
whose office has been vacated, and shall be one of three per-
AMENDMENT 29 sons who shall be nominated by the county central committee
Amendment 29

of that party, and the person so appointed shall hold office


[Repealed by AMENDMENT 42, 1965 ex.s. Senate Joint until his successor is elected at the next general election, and
Resolution No. 20, p 2816. Approved November 8, 1966.] shall have qualified: Provided, That in case of a vacancy
occurring in the office of joint senator, or joint representative,
Text of Amendment 29 - Art. 2 Section 33 Alien Ownership - The
the vacancy shall be filled from a list of three nominees
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 selected by the state central committee, by appointment by
in this state, except where acquired by inheritance, under mortgage or in the joint action of the boards of county commissioners of the
good faith in the ordinary course of justice in the collection of debts; and all counties composing the joint senatorial or joint representative
conveyances of lands hereafter made to any alien directly, or in trust for district, the person appointed to fill the vacancy must be from
such alien, shall be void: Provided, That the provisions of this section shall
not apply to lands containing valuable deposits of minerals, metals, iron, the same legislative district and of the same political party as
coal, or fire clay, and the necessary land for mills and machinery to be used the legislator whose office has been vacated, and in case a
in the development thereof and the manufacture of the products therefrom: majority of said county commissioners do not agree upon the
And provided further, That the provisions of this section shall not apply to appointment within sixty days after the vacancy occurs, the
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 citi- governor shall within thirty days thereafter, and from the list
zens of this state. [1953 House Joint Resolution No. 16, p 853. Approved of nominees provided for herein, appoint a person who shall
November 2, 1954.] be from the same legislative district and of the same political
Prior amendment of Art. 2 Section 33, see Amendment 24. party as the legislator whose office has been vacated. [1955
Senate Joint Resolution No. 14, p 1862. Approved Novem-
Amendment 30

AMENDMENT 30 ber 6, 1956.]


Prior amendment of Art. 2 Section 15, see Amendment 13.
[Stricken by AMENDMENT 72, 1981 Substitute Senate Later amendment of Art. 2 Section 15, see Amendments 52 and 96.
Joint Resolution No. 133, p 1796. Approved November 3,
1981.] Amendment 33

AMENDMENT 33
Text of Amendment 30 - Art. 2 Section 1(a) INITIATIVE AND
REFERENDUM, SIGNATURES REQUIRED - Hereafter, the number of Art. 24 Section 1 STATE BOUNDARIES. The bound-
valid signatures of legal voters required upon a petition for an initiative aries of the state of Washington shall be as follows: Begin-
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 guberna-
ning at a point in the Pacific ocean one marine league due
torial election. Hereafter, the number of valid signatures of legal voters west of and opposite the middle of the mouth of the north ship
required upon a petition for a referendum of an act of the legislature or any channel of the Columbia river thence running easterly to and
[Page 62] (Rev. 12-10)
Constitution of the State of Washington Amendment 38

up the middle channel of said river and where it is divided by office. Nothing in this section shall be deemed to prevent
islands up the middle of the widest channel thereof to where increases in pensions after such pensions shall have been
the forty-sixth parallel of north latitude crosses said river near granted. [1957 Senate Joint Resolution No. 18, p 1301.
the mouth of the Walla Walla river; thence east on said forty- Approved November 4, 1958.]
sixth parallel of latitude to the middle of the main channel of Increase during term in compensation of certain officers authorized: See
the Shoshone or Snake river, thence follow down the middle Amendment 54.
of the main channel of Snake river to a point opposite the
mouth of the Kooskooskia or Clear Water river, thence due Amendment 36

AMENDMENT 36
north to the forty-ninth parallel of north latitude, thence west
along said forty-ninth parallel of north latitude to the middle Article 2, section 1 (LEGISLATIVE POWERS,
of the channel which separates Vancouver’s island from the WHERE VESTED) as amended by AMENDMENT 7 was
continent, that is to say to a point in longitude 123 degrees, 19 amended by adding the following subsection:
minutes and 15 seconds west, thence following the boundary
line between the United States and British possessions Article 2, section 1, subsection (e). The legislature shall
through the channel which separates Vancouver’s island provide methods of publicity of all laws or parts of laws, and
from the continent to the termination of the boundary line amendments to the Constitution referred to the people with
between the United States and British possessions at a point arguments for and against the laws and amendments so
in the Pacific ocean equidistant between Bonnilla point on referred. The secretary of state shall send one copy of the
Vancouver’s island and Tatoosh island light house, thence publication to each individual place of residence in the state
running in a southerly course and parallel with the coast line, and shall make such additional distribution as he shall deter-
keeping one marine league off shore to place of beginning; mine necessary to reasonably assure that each voter will have
until such boundaries are modified by appropriate interstate an opportunity to study the measures prior to election. These
compacts duly approved by the Congress of the United provisions supersede the provisions set forth in the last para-
States. [1957 Senate Joint Resolution No. 10, p 1292. graph of section 1 of this article as amended by the seventh
Approved November 4, 1958.] amendment to the Constitution of this state. [1961 Senate
Joint Resolution No. 9, p 2751. Approved November, 1962.]
AMENDMENT 34
Amendment 34

AMENDMENT 37
Amendment 37

Art. 1 Section 11 RELIGIOUS FREEDOM. Absolute


freedom of conscience in all matters of religious sentiment, Art. 23 Section 1 HOW MADE. Any amendment or
belief and worship, shall be guaranteed to every individual, amendments to this Constitution may be proposed in either
and no one shall be molested or disturbed in person or prop- branch of the legislature; and if the same shall be agreed to by
erty on account of religion; but the liberty of conscience two-thirds of the members elected to each of the two houses,
hereby secured shall not be so construed as to excuse acts of such proposed amendment or amendments shall be entered
licentiousness or justify practices inconsistent with the peace on their journals, with the ayes and noes thereon, and be sub-
and safety of the state. No public money or property shall be mitted to the qualified electors of the state for their approval,
appropriated for or applied to any religious worship, exercise at the next general election; and if the people approve and rat-
or instruction, or the support of any religious establishment: ify such amendment or amendments, by a majority of the
Provided, however, That this article shall not be so construed electors voting thereon, the same shall become part of this
as to forbid the employment by the state of a chaplain for Constitution, and proclamation thereof shall be made by the
such of the state custodial, correctional and mental institu- governor: Provided, That if more than one amendment be
tions as in the discretion of the legislature may seem justified. submitted, they shall be submitted in such a manner that the
No religious qualification shall be required for any public people may vote for or against such amendments separately.
office or employment, nor shall any person be incompetent as The legislature shall also cause notice of the amendments that
a witness or juror, in consequence of his opinion on matters are to be submitted to the people to be published at least four
of religion, nor be questioned in any court of justice touching times during the four weeks next preceding the election in
his religious belief to affect the weight of his testimony. every legal newspaper in the state: Provided, That failure of
[1957 Senate Joint Resolution No. 14, p 1299. Approved any newspaper to publish this notice shall not be interpreted
November 4, 1958.] as affecting the outcome of the election. [1961 Senate Joint
Resolution No. 25, p 2753. Approved November, 1962.]
Prior amendment of Art. 1 Section 11, see Amendment 4.
Art. 1 Section 11 was later amended by Amendment 88. Amendment 38

AMENDMENT 38

AMENDMENT 35 Article 4 was amended by adding the following section:


Amendment 35

Art. 4 Section 2(a) TEMPORARY PERFORMANCE


Art. 2 Section 25 EXTRA COMPENSATION PRO- OF JUDICIAL DUTIES. When necessary for the prompt
HIBITED. The legislature shall never grant any extra com- and orderly administration of justice a majority of the
pensation to any public officer, agent, employee, servant, or Supreme Court is empowered to authorize judges or retired
contractor, after the services shall have been rendered, or the judges of courts of record of this state, to perform, tempo-
contract entered into, nor shall the compensation of any pub- rarily, judicial duties in the Supreme Court, and to authorize
lic officer be increased or diminished during his term of any superior court judge to perform judicial duties in any
(Rev. 12-10) [Page 63]
Amendment 39 Constitution of the State of Washington

superior court of this state. [1961 House Joint Resolution No. such purpose the legislative authority of such city may cause
6, p 2757. Approved November, 1962.] an election to be had at which election there shall be chosen
by the qualified electors of said city, fifteen freeholders
Amendment 39

AMENDMENT 39 thereof, who shall have been residents of said city for a period
of at least two years preceding their election and qualified
Art. 2 Section 42 GOVERNMENTAL CONTINUITY electors, whose duty it shall be to convene within ten days
DURING EMERGENCY PERIODS. The legislature, in after their election, and prepare and propose a charter for
order to insure continuity of state and local governmental such city. Such proposed charter shall be submitted to the
operations in periods of emergency resulting from enemy qualified electors of said city, and if a majority of such qual-
attack, shall have the power and the duty, immediately upon ified electors voting thereon ratify the same, it shall become
and after adoption of this amendment, to enact legislation the charter of said city, and shall become the organic law
providing for prompt and temporary succession to the powers thereof, and supersede any existing charter including amend-
and duties of public offices of whatever nature and whether ments thereto, and all special laws inconsistent with such
filled by election or appointment, the incumbents and legal charter. Said proposed charter shall be published in the daily
successors of which may become unavailable for carrying on newspaper of largest general circulation published in the area
the powers and duties of such offices; the legislature shall to be incorporated as a first class city under the charter or, if
likewise enact such other measures as may be necessary and no daily newspaper is published therein, then in the newspa-
proper for insuring the continuity of governmental operations per having the largest general circulation within such area at
during such emergencies. Legislation enacted under the least once each week for four weeks next preceding the day
powers conferred by this amendment shall in all respects con- of submitting the same to the electors for their approval, as
form to the remainder of the Constitution: Provided, That if, above provided. All elections in this section authorized shall
in the judgment of the legislature at the time of disaster, con- only be had upon notice, which notice shall specify the object
formance to the provisions of the Constitution would be of calling such election, and shall be given as required by
impracticable or would admit of undue delay, such legislation law. Said elections may be general or special elections, and
may depart during the period of emergency caused by enemy except as herein provided shall be governed by the law regu-
attack only, from the following sections of the Constitution: lating and controlling general or special elections in said city.
Article 14, Sections 1 and 2, Seat of Government; Such charter may be amended by proposals therefor submit-
Article 2, Sections 8, 15 (Amendments 13 and 32), and ted by the legislative authority of such city to the electors
22, Membership, Quorum of Legislature and Passage of thereof at any general election after notice of said submission
Bills; published as above specified, and ratified by a majority of the
Article 3, Section 10 (Amendment 6), Succession to qualified electors voting thereon. In submitting any such
Governorship: Provided, That the legislature shall not depart charter, or amendment thereto, any alternate article or propo-
from Section 10, Article III, as amended by Amendment 6, of sition may be presented for the choice of the voters, and may
the state Constitution relating to the Governor’s office so be voted on separately without prejudice to others. [1963
long as any successor therein named is available and capable ex.s. Senate Joint Resolution No. 1, p 1526. Approved
of assuming the powers and duties of such office as therein November 3, 1964.]
prescribed;
Article 3, Section 13, Vacancies in State Offices; Amendment 41

AMENDMENT 41
Article 11, Section 6, Vacancies in County Offices;
Article 11, Section 2, Seat of County Government; Art. 4 Section 29 ELECTION OF SUPERIOR COURT
Article 3, Section 24, State Records. [1961 House Joint JUDGES. Notwithstanding any provision of this Constitu-
Resolution No. 9, p 2758. Approved November, 1962.] tion to the contrary, if, after the last day as provided by law
for the withdrawal of declarations of candidacy has expired,
Amendment 40

AMENDMENT 40 only one candidate has filed for any single position of supe-
rior court judge in any county containing a population of one
Art. 11 Section 10 INCORPORATION OF MUNICI- hundred thousand or more, no primary or election shall be
PALITIES. Corporations for municipal purposes shall not be held as to such position, and a certificate of election shall be
created by special laws; but the legislature, by general laws, issued to such candidate. If, after any contested primary for
shall provide for the incorporation, organization and classifi- superior court judge in any county, only one candidate is enti-
cation in proportion to population, of cities and towns, which tled to have his name printed on the general election ballot for
laws may be altered, amended or repealed. Cities and towns any single position, no election shall be held as to such posi-
heretofore organized, or incorporated may become organized tion, and a certificate of election shall be issued to such can-
under such general laws whenever a majority of the electors didate: Provided, That in the event that there is filed with the
voting at a general election, shall so determine, and shall county auditor within ten days after the date of the primary, a
organize in conformity therewith; and cities or towns hereto- petition indicating that a write in campaign will be conducted
fore or hereafter organized, and all charters thereof framed or for such single position and signed by one hundred registered
adopted by authority of this Constitution shall be subject to, voters qualified to vote with respect of the office, then such
and controlled by general laws. Any city containing a popu- single position shall be subject to the general election. Provi-
lation of ten thousand inhabitants, or more, shall be permitted sions for the contingency of the death or disqualification of a
to frame a charter for its own government, consistent with sole candidate between the last date for withdrawal and the
and subject to the Constitution and laws of this state, and for time when the election would be held but for the provisions
[Page 64] (Rev. 12-10)
Constitution of the State of Washington Amendment 47

of this section, and such other provisions as may be deemed The interest accruing on the permanent common school
necessary to implement the provisions of this section, may be fund together with all rentals and other revenues accruing
enacted by the legislature. [1965 ex.s. Substitute Senate Joint thereto pursuant to subsection (2) of this section during the
Resolution No. 6, p 2815. Approved November 8, 1966.] period after the effective date of this amendment and prior to
July 1, 1967, shall be exclusively applied to the current use of
Amendment 42

AMENDMENT 42 the common schools.


To the extent that the moneys in the common school con-
Section 33, Article II and Amendments 24 and 29 amen- struction fund are in excess of the amount necessary to allow
datory thereof, of the Constitution of the State of Washington fulfillment of the purpose of said fund, the excess shall be
are each hereby repealed. [1965 ex.s. Senate Joint Resolution available for deposit to the credit of the permanent common
No. 20, p 2816. Approved November 8, 1966.] school fund or available for the current use of the common
schools, as the legislature may direct. [1965 ex.s. Senate
Amendment 43

AMENDMENT 43 Joint Resolution No. 22, part 1, p 2817. Approved November


8, 1966.]
Art. 9 Section 3 FUNDS FOR SUPPORT. The princi-
pal of the common school fund as the same existed on June AMENDMENT 44
Amendment 44

30, 1965, shall remain permanent and irreducible. The said


fund shall consist of the principal amount thereof existing on Art. 16 Section 5 INVESTMENT OF PERMANENT
June 30, 1965, and such additions thereto as may be derived COMMON SCHOOL FUND. The permanent common
after June 30, 1965, from the following named sources, to school fund of this state may be invested as authorized by
wit: Appropriations and donations by the state to this fund; law. [1965 ex.s. Senate Joint Resolution No. 22, part 2, p
donations and bequests by individuals to the state or public 2817. Approved November 8, 1966.]
for common schools; the proceeds of lands and other prop- Prior amendment of Art. 16 Section 5, see Amendment 1.
erty which revert to the state by escheat and forfeiture; the
proceeds of all property granted to the state when the purpose
AMENDMENT 45
Amendment 45

of the grant is not specified, or is uncertain; funds accumu-


lated in the treasury of the state for the disbursement of which
provision has not been made by law; the proceeds of the sale Art. 8 Section 8 PORT EXPENDITURES - INDUS-
of stone, minerals, or property other than timber and other TRIAL DEVELOPMENT -PROMOTION. The use of pub-
crops from school and state lands, other than those granted lic funds by port districts in such manner as may be pre-
for specific purposes; all moneys received from persons scribed by the legislature for industrial development or trade
appropriating stone, minerals or property other than timber promotion and promotional hosting shall be deemed a public
and other crops from school and state lands other than those use for a public purpose, and shall not be deemed a gift within
granted for specific purposes, and all moneys other than the provisions of section 7 of this Article. [1965 ex.s. Senate
rental recovered from persons trespassing on said lands; five Joint Resolution No. 25, p 2819. Approved November 8,
per centum of the proceeds of the sale of public lands lying 1966.]
within the state, which shall be sold by the United States sub-
AMENDMENT 46
Amendment 46

sequent 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 Art. 6 Section 1A VOTER QUALIFICATIONS FOR
funds arising from the sale of lands and other property which PRESIDENTIAL ELECTIONS. In consideration of those
have been, and hereafter may be granted to the state for the citizens of the United States who become residents of the
support of common schools. The legislature may make fur- state of Washington during the year of a presidential election
ther provisions for enlarging said fund. with the intention of making this state their permanent resi-
There is hereby established the common school con- dence, this section is for the purpose of authorizing such per-
struction fund to be used exclusively for the purpose of sons who can meet all qualifications for voting as set forth in
financing the construction of facilities for the common section 1 of this article, except for residence, to vote for pres-
schools. The sources of said fund shall be: (1) Those pro- idential electors or for the office of President and Vice-Presi-
ceeds derived from the sale or appropriation of timber and dent of the United States, as the case may be, but no other:
other crops from school and state lands subsequent to June Provided, That such persons have resided in the state at least
30, 1965, other than those granted for specific purposes; (2) sixty days immediately preceding the presidential election
the interest accruing on said permanent common school fund concerned.
from and after July 1, 1967, together with all rentals and other The legislature shall establish the time, manner and place
revenues derived therefrom and from lands and other prop- for such persons to cast such presidential ballots. [1965 ex.s.
erty devoted to the permanent common school fund from and Substitute Joint House Resolution No. 4, p 2820. Approved
after July 1, 1967; and (3) such other sources as the legisla- November 8, 1966.]
ture may direct. That portion of the common school con-
struction fund derived from interest on the permanent com- AMENDMENT 47
Amendment 47

mon school fund may be used to retire such bonds as may be


authorized by law for the purpose of financing the construc- Art. 7 Section 10 RETIRED PERSONS PROPERTY
tion of facilities for the common schools. TAX EXEMPTION. Notwithstanding the provisions of Arti-
(Rev. 12-10) [Page 65]
Amendment 48 Constitution of the State of Washington

cle 7, section 1 (Amendment 14) and Article 7, section 2 AMENDMENT 50


Amendment 50

(Amendment 17), the following tax exemption shall be


allowed as to real property: Article 4 was amended by adding the following section:
The legislature shall have the power, by appropriate leg- Art. 4 Section 30 COURT OF APPEALS. (1) Authori-
islation, to grant to retired property owners relief from the zation. In addition to the courts authorized in section 1 of this
property tax on the real property occupied as a residence by article, judicial power is vested in a court of appeals, which
those owners. The legislature may place such restrictions and shall be established by statute.
conditions upon the granting of such relief as it shall deem (2) Jurisdiction. The jurisdiction of the court of appeals
proper. Such restrictions and conditions may include, but are shall be as provided by statute or by rules authorized by stat-
not limited to, the limiting of the relief to those property own- ute.
ers below a specific level of income and those fulfilling cer- (3) Review of Superior Court. Superior court actions
tain minimum residential requirements. [1965 ex.s. House may be reviewed by the court of appeals or by the supreme
Joint Resolution No. 7, p 2821. Approved November 8, court as provided by statute or by rule authorized by statute.
1966.] (4) Judges. The number, manner of election, compensa-
tion, terms of office, removal and retirement of judges of the
Amendment 48 court of appeals shall be as provided by statute.
AMENDMENT 48 (5) Administration and Procedure. The administration
and procedures of the court of appeals shall be as provided by
Art. 8 Section 3 SPECIAL INDEBTEDNESS, HOW rules issued by the supreme court.
AUTHORIZED. Except the debt specified in sections one (6) Conflicts. The provisions of this section shall super-
and two of this article, no debts shall hereafter be contracted sede any conflicting provisions in prior sections of this arti-
by, or on behalf of this state, unless such debt shall be autho- cle. [1967 Senate Joint Resolution No. 6; see 1969 p 2975.
rized by law for some single work or object to be distinctly Approved November 5, 1968.]
specified therein, which law shall provide ways and means,
Reviser’s note: This section which was adopted as Art. 4 Section 29 is
exclusive of loans, for the payment of the interest on such herein renumbered Art. 4 Section 30 to avoid confusion with Amendment
debt as it falls due, and also to pay and discharge the principal 41.
of such debt within twenty years from the time of the con-
tracting thereof. No such law shall take effect until it shall, at Amendment 51

AMENDMENT 51
a general election, have been submitted to the people and
have received a majority of all the votes cast for and against Article 8 was amended by adding the following section:
it at such election, and all moneys raised by authority of such Art. 8 Section 9 STATE BUILDING AUTHORITY.
law shall be applied only to the specific object therein stated, The legislature is empowered notwithstanding any other pro-
or to the payment of the debt thereby created, and notice that vision in this Constitution, to provide for a state building
such law will be submitted to the people shall be published at authority in corporate and politic form which may contract
least four times during the four weeks next preceding the with agencies or departments of the state government to con-
election in every legal newspaper in the state: Provided, That struct upon land owned by the state or its agencies, or to be
failure of any newspaper to publish this notice shall not be acquired by the state building authority, buildings and appur-
interpreted as affecting the outcome of the election. [1965 tenant improvements which such state agencies or depart-
ex.s. House Joint Resolution No. 39, p 2822. Approved ments are hereby empowered to lease at reasonable rental
November 8, 1966.] rates from the Washington state building authority for terms
Art. 8 Section 3 was later amended by Amendment 60. up to seventy-five years with provisions for eventual vesting
of title in the state or its agencies. This section shall not be
Amendment 49 construed as authority to provide buildings through lease or
AMENDMENT 49 otherwise to nongovernmental entities. The legislature may
authorize the state building authority to borrow funds solely
The Constitution was amended by adding the following upon its own credit and to issue bonds or other evidences of
new article and section 1 thereof: indebtedness therefor to be repaid from its revenues and to
secure the same by pledging its income or mortgaging its
ARTICLE XXIX leaseholds. The provisions of sections 1 and 3 of this article
INVESTMENTS OF PUBLIC PENSION shall not apply to indebtedness incurred pursuant to this sec-
AND RETIREMENT FUNDS tion. [1967 Senate Joint Resolution No. 17; see 1969 p 2976.
Art. 29 Section 1 MAY BE INVESTED AS AUTHO- Approved November 5, 1968.]
RIZED BY LAW. Notwithstanding the provisions of sec- 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
tions 5, and 7 of Article VIII and section 9 of Article XII or 45.
any other section or article of the Constitution of the state of
Washington, the moneys of any public pension or retirement
AMENDMENT 52
Amendment 52

fund may be invested as authorized by law. [1967 Senate


Joint Resolution No. 5; see 1969 p 2975. Approved Novem-
Art. 2 Section 15 VACANCIES IN LEGISLATURE
ber 5, 1968.]
AND IN PARTISAN COUNTY ELECTIVE OFFICE. Such
Art. 29 Section 1 was later amended by Amendments 75 and 93. vacancies as may occur in either house of the legislature or in
[Page 66] (Rev. 12-10)
Constitution of the State of Washington Amendment 55

any partisan county elective office shall be filled by appoint- AMENDMENT 54


Amendment 54

ment by the board of county commissioners of the county in


which the vacancy occurs: Provided, That the person The Constitution was amended by adding the following
appointed to fill the vacancy must be from the same legisla- new article and section 1 thereof:
tive district, county or county commissioner district and the
same political party as the legislator or partisan county elec- ARTICLE XXX*
tive officer whose office has been vacated, and shall be one of COMPENSATION OF PUBLIC OFFICERS**
three persons who shall be nominated by the county central Art. 30 Section 1 AUTHORIZING COMPENSATION
committee of that party, and in case a majority of said county INCREASE DURING TERM. The compensation of all elec-
commissioners do not agree upon the appointment within tive and appointive state, county, and municipal officers who
sixty days after the vacancy occurs, the governor shall within do not fix their own compensation, including judges of courts
thirty days thereafter, and from the list of nominees provided of record and the justice courts may be increased during their
for herein, appoint a person who shall be from the same leg- terms of office to the end that such officers and judges shall
islative district, county or county commissioner district and each severally receive compensation for their services in
of the same political party as the legislator or partisan county accordance with the law in effect at the time the services are
elective officer whose office has been vacated, and the person being rendered.
so appointed shall hold office until his successor is elected at The provisions of section 25 of Article II (Amendment
the next general election, and shall have qualified: Provided, 35), section 25 of Article III (Amendment 31), section 13 of
That in case of a vacancy occurring in the office of joint sen- Article IV, section 8 of Article XI, and section 1 of Article
ator, or joint representative, the vacancy shall be filled from a XXVIII (Amendment 20) insofar as they are inconsistent
list of three nominees selected by the state central committee, herewith are hereby repealed. [1967 House Joint Resolution
by appointment by the joint action of the boards of county No. 13; see 1969 p 2976. Approved November 5, 1968.]
commissioners of the counties composing the joint senatorial
Reviser’s note: *(1) Amendment 49 (1967 SJR No. 5) and Amend-
or joint representative district, the person appointed to fill the ment 54 (1967 HJR No. 13) each added a new Article XXIX to the Constitu-
vacancy must be from the same legislative district and of the tion. Amendment 49 is carried herein as Article XXIX while Amendment 54
same political party as the legislator whose office has been has been herein redesignated as Article XXX.
vacated, and in case a majority of said county commissioners **(2) The name of this Article has been supplied by the reviser.
do not agree upon the appointment within sixty days after the
vacancy occurs, the governor shall within thirty days thereaf- AMENDMENT 55
Amendment 55

ter, and from the list of nominees provided for herein, appoint
a person who shall be from the same legislative district and of Art. 7 Section 2 LIMITATION ON LEVIES. Except as
the same political party as the legislator whose office has hereinafter provided and notwithstanding any other provision
been vacated. of this Constitution, the aggregate of all tax levies upon real
and personal property by the state and all taxing districts now
Art. 11 Section 6 VACANCIES IN TOWNSHIP, PRE-
existing or hereafter created, shall not in any year exceed one
CINCT OR ROAD DISTRICT OFFICE. The board of
percentum of the true and fair value of such property in
county commissioners in each county shall fill all vacancies
money: Provided, however, That nothing herein shall pre-
occurring in any township, precinct or road district office of
vent levies at the rates now provided by law by or for any port
such county by appointment, and officers thus appointed
or public utility district. The term "taxing district" for the
shall hold office till the next general election, and until their
purposes of this section shall mean any political subdivision,
successors are elected and qualified. [1967 Senate Joint Res-
municipal corporation, district, or other governmental agency
olution No. 24; see 1969 p 2976. Approved November 5,
authorized by law to levy, or have levied for it, ad valorem
1968.]
taxes on property, other than a port or public utility district.
Prior amendment of Art. 2 Section 15, see Amendments 13 and 32. Such aggregate limitation or any specific limitation imposed
Later amendment of Art. 2 Section 15, see Amendment 96. by law in conformity therewith may be exceeded only
(a) By any taxing district when specifically authorized so
Amendment 53

AMENDMENT 53 to do by a majority of at least three-fifths of the electors


thereof voting on the proposition to levy such additional tax
Article 7 was amended by adding the following section: submitted not more than twelve months prior to the date on
Art. 7 Section 11 TAXATION BASED ON ACTUAL which the proposed levy is to be made and not oftener than
USE. Nothing in this Article VII as amended shall prevent twice in such twelve month period, either at a special election
the legislature from providing, subject to such conditions as it or at the regular election of such taxing district, at which elec-
may enact, that the true and fair value in money (a) of farms, tion the number of persons voting on the proposition shall
agricultural lands, standing timber and timberlands, and (b) constitute not less than forty per centum of the total number
of other open space lands which are used for recreation or for of votes cast in such taxing district at the last preceding gen-
enjoyment of their scenic or natural beauty shall be based on eral election;
the use to which such property is currently applied, and such (b) By any taxing district otherwise authorized by law to
values shall be used in computing the assessed valuation of issue general obligation bonds for capital purposes, for the
such property in the same manner as the assessed valuation is sole purpose of making the required payments of principal
computed for all property. [1967 House Joint Resolution No. and interest on general obligation bonds issued solely for
1; see 1969 p 2976. Approved November 5, 1968.] capital purposes, other than the replacement of equipment,
(Rev. 12-10) [Page 67]
Amendment 56 Constitution of the State of Washington

when authorized so to do by majority of at least three-fifths of its own members and the salaries of other county officers.
the electors thereof voting on the proposition to issue such And it shall provide for the strict accountability of such offic-
bonds and to pay the principal and interest thereon by an ers for all fees which may be collected by them and for all
annual tax levy in excess of the limitation herein provided public moneys which may be paid to them, or officially come
during the term of such bonds, submitted not oftener than into their possession.
twice in any calendar year, at an election held in the manner
provided by law for bond elections in such taxing district, at Art. 11 Section 8 SALARIES AND LIMITATIONS
which election the total number of persons voting on the AFFECTING. The salary of any county, city, town, or
proposition shall constitute not less than forty per centum of municipal officers shall not be increased except as provided
the total number of votes cast in such taxing district at the last in section 1 of Article XXX or diminished after his election,
preceding general election: Provided, That any such taxing or during his term of office; nor shall the term of any such
district shall have the right by vote of its governing body to officer be extended beyond the period for which he is elected
refund any general obligation bonds of said district issued for or appointed. [1971 Senate Joint Resolution No. 38, p 1829.
capital purposes only, and to provide for the interest thereon Approved November 7, 1972.]
and amortization thereof by annual levies in excess of the tax
Prior amendment of Art. 11 Section 5, see Amendment 12.
limitation provided for herein, And Provided Further, That
the provisions of this section shall also be subject to the limi-
AMENDMENT 58
Amendment 58

tations contained in Article VIII, section 6, of this Constitu-


tion;
(c) By the state or any taxing district for the purpose of Art. 11 Section 16 COMBINED CITY-COUNTY. Any
paying the principal or interest on general obligation bonds county may frame a "Home Rule" charter subject to the Con-
outstanding on December 6, 1934; or for the purpose of pre- stitution and laws of this state to provide for the formation
venting the impairment of the obligation of a contract when and government of combined city and county municipal cor-
ordered so to do by a court of last resort. [1971 Senate Joint porations, each of which shall be known as "city-county".
Resolution No. 1, p 1827. Approved November 7, 1972.] Registered voters equal in number to ten (10) percent of the
Reviser’s note: Art. 7 Section 2 was also amended at the November 7, voters of any such county voting at the last preceding general
1972 general election by Amendment 59. (HJR 47.) election may at any time propose by a petition the calling of
Prior amendment of Art. 7 Section 2, see Amendment 17. an election of freeholders. The provisions of section 4 of this
Article with respect to a petition calling for an election of
Art. 7 Section 2 was later amended by Amendments 59, 64, 79, 90, 95,
and 101.
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
AMENDMENT 56
Amendment 56

petition proposed under this section for the election of free-


holders to frame a city-county charter, the election of free-
Art. 2 Section 24 LOTTERIES AND DIVORCE. The holders, and to the framing and adoption of such city-county
legislature shall never grant any divorce. Lotteries shall be charter pursuant to such petition. Except as otherwise pro-
prohibited except as specifically authorized upon the affirma- vided in this section, the provisions of section 4 applicable to
tive vote of sixty percent of the members of each house of the a county home rule charter shall apply to a city-county char-
legislature or, notwithstanding any other provision of this ter. If there are not sufficient legal newspapers published in
Constitution, by referendum or initiative approved by a sixty the county to meet the requirements for publication of a pro-
percent affirmative vote of the electors voting thereon. [1971 posed charter under section 4 of this Article, publication in a
Senate Joint Resolution No. 5, p 1828. Approved November legal newspaper circulated in the county may be substituted
7, 1972.] for publication in a legal newspaper published in the county.
No such "city-county" shall be formed except by a majority
AMENDMENT 57 vote of the qualified electors voting thereon in the county.
Amendment 57

The charter shall designate the respective officers of such


Art. 11 Section 5 COUNTY GOVERNMENT. The leg- city-county who shall perform the duties imposed by law
islature, by general and uniform laws, shall provide for the upon county officers. Every such city-county shall have and
election in the several counties of boards of county commis- enjoy all rights, powers and privileges asserted in its charter,
sioners, sheriffs, county clerks, treasurers, prosecuting attor- and in addition thereto, such rights, powers and privileges as
neys and other county, township or precinct and district offic- may be granted to it, or to any city or county or class or
ers, as public convenience may require, and shall prescribe classes of cities and counties. In the event of a conflict in the
their duties, and fix their terms of office: Provided, That the constitutional provisions applying to cities and those apply-
legislature may, by general laws, classify the counties by ing to counties or of a conflict in the general laws applying to
population and provide for the election in certain classes of cities and those applying to counties, a city-county shall be
counties certain officers who shall exercise the powers and authorized to exercise any powers that are granted to either
perform the duties of two or more officers. It shall regulate the cities or the counties.
the compensation of all such officers, in proportion to their No legislative enactment which is a prohibition or
duties, and for that purpose may classify the counties by pop- restriction shall apply to the rights, powers and privileges of
ulation: Provided, That it may delegate to the legislative a city-county unless such prohibition or restriction shall
authority of the counties the right to prescribe the salaries of apply equally to every other city, county, and city-county.
[Page 68] (Rev. 12-10)
Constitution of the State of Washington Amendment 59

The provisions of sections 2, 3, 5, 6, and 8 and of the first valuation shall be fifty per centum of the true and fair value
paragraph of section 4 of this Article shall not apply to any of such property in money: Provided, however, That nothing
such city-county. herein shall prevent levies at the rates now provided by law
Municipal corporations may be retained or otherwise by or for any port or public utility district. The term "taxing
provided for within the city-county. The formation, powers district" for the purposes of this section shall mean any polit-
and duties of such municipal corporations shall be prescribed ical subdivision, municipal corporation, district, or other gov-
by the charter. ernmental agency authorized by law to levy, or have levied
No city-county shall for any purpose become indebted in for it, ad valorem taxes on property, other than a port or pub-
any manner to an amount exceeding three per centum of the lic utility district. Such aggregate limitation or any specific
taxable property in such city-county without the assent of limitation imposed by law in conformity therewith may be
three-fifths of the voters therein voting at an election to be exceeded only
held for that purpose, nor in cases requiring such assent shall (a) By any taxing district when specifically authorized so
the total indebtedness at any time exceed ten per centum of to do by a majority of at least three-fifths of the electors
the value of the taxable property therein, to be ascertained by thereof voting on the proposition to levy such additional tax
the last assessment for city-county purposes previous to the submitted not more than twelve months prior to the date on
incurring of such indebtedness: Provided, That no part of the which the proposed levy is to be made and not oftener than
indebtedness allowed in this section shall be incurred for any twice in such twelve month period, either at a special election
purpose other than strictly city-county or other municipal or at the regular election of such taxing district, at which elec-
purposes: Provided further, That any city-county, with such tion the number of persons voting "yes" on the proposition
assent may be allowed to become indebted to a larger shall constitute three-fifths of a number equal to forty per
amount, but not exceeding five per centum additional for sup- centum of the total votes cast in such taxing district at the last
plying such city-county with water, artificial light, and sew- preceding general election when the number of electors vot-
ers, when the works for supplying such water, light, and sew- ing on the proposition does not exceed forty per centum of
ers shall be owned and controlled by the city-county. the total votes cast in such taxing district in the last preceding
No municipal corporation which is retained or otherwise general election; or by a majority of at least three-fifths of the
provided for within the city-county shall for any purpose electors thereof voting on the proposition to levy when the
become indebted in any manner to an amount exceeding one number of electors voting on the proposition exceeds forty
and one-half per centum of the taxable property in such per centum of the total votes cast in such taxing district in the
municipal corporation without the assent of three-fifths of the last preceding general election;
voters therein voting at an election to be held for that purpose, (b) By any taxing district otherwise authorized by law to
nor shall the total indebtedness at any time exceed five per issue general obligation bonds for capital purposes, for the
centum of the value of the taxable property therein, to be sole purpose of making the required payments of principal
ascertained by the last assessment for city-county purposes and interest on general obligation bonds issued solely for
previous to the incurring of such indebtedness: Provided, capital purposes, other than the replacement of equipment,
That no part of the indebtedness allowed in this section shall when authorized so to do by majority of at least three-fifths of
be incurred for any purpose other than strictly municipal pur- the electors thereof voting on the proposition to issue such
poses: Provided further, That any such municipal corpora- bonds and to pay the principal and interest thereon by an
tion, with such assent, may be allowed to become indebted to annual tax levy in excess of the limitation herein provided
a larger amount, but not exceeding five per centum additional during the term of such bonds, submitted not oftener than
for supplying such municipal corporation with water, artifi- twice in any calendar year, at an election held in the manner
cial light, and sewers, when the works for supplying such provided by law for bond elections in such taxing district, at
water, light, and sewers shall be owned and controlled by the which election the total number of persons voting on the
municipal corporation. All taxes which are levied and col- proposition shall constitute not less than forty per centum of
lected within a municipal corporation for a specific purpose the total number of votes cast in such taxing district at the last
shall be expended within that municipal corporation. preceding general election: Provided, That any such taxing
The authority conferred on the city-county government district shall have the right by vote of its governing body to
shall not be restricted by the second sentence of Article 7, refund any general obligation bonds of said district issued for
section 1, or by Article 8, section 6 of this Constitution. capital purposes only, and to provide for the interest thereon
[1971 House Joint Resolution No. 21, p 1831. Approved and amortization thereof by annual levies in excess of the tax
November 7, 1972.] limitation provided for herein, And provided further, That the
Prior amendment of Art. 11 Section 16, see Amendment 23.
provisions of this section shall also be subject to the limita-
tions contained in Article VIII, section 6, of this Constitution;
(c) By the state or any taxing district for the purpose of
AMENDMENT 59
Amendment 59

paying the principal or interest on general obligation bonds


outstanding on December 6, 1934; or for the purpose of pre-
Art. 7 Section 2 LIMITATION ON LEVIES. Except as venting the impairment of the obligation of a contract when
hereinafter provided and notwithstanding any other provision ordered so to do by a court of last resort. [1971 House Joint
of this Constitution, the aggregate of all tax levies upon real Resolution No. 47, p 1834. Approved November 7, 1972.]
and personal property by the state and all taxing districts now Reviser’s note: Art. 7 Section 2 was also amended at the November 7,
existing or hereafter created, shall not in any year exceed 1972, general election by Amendment 55 (SJR 1). 1971 HJR No. 47 con-
forty mills on the dollar of assessed valuation, which assessed tained the following paragraph:

(Rev. 12-10) [Page 69]


Amendment 60 Constitution of the State of Washington

"Be It Further Resolved, That the foregoing amendment shall be sub- refund the indebtedness of the Washington state building
mitted to the qualified electors of the state in such a manner that they may authority.
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
(e) The state may, without limitation, fund or refund, at
contained in Senate Joint Resolution No. 1: Provided, That if both proposed or prior to maturity, the whole or any part of any existing debt
amendments are approved and ratified, both shall become part of the Consti- or of any debt hereafter contracted pursuant to section 1, sec-
tution." tion 2, or section 3 of this Article, including any premium
Prior amendment of Art. 7 Section 2, see Amendments 17 and 55. payable with respect thereto and interest thereon, or fund or
refund, at or prior to maturity, the whole or any part of any
Art. 7 Section 2 was later amended by Amendments 64, 79, 90, 95, and
101. indebtedness incurred or authorized prior to the effective date
of this amendment by any entity of the type described in sub-
section (g) of this section, including any premium payable
AMENDMENT 60
Amendment 60

with respect thereto and any interest thereon. Such funding


or refunding shall not be deemed to be contracting debt by the
Art. 8 Section 1 STATE DEBT. (a) The state may con- state.
tract debt, the principal of which shall be paid and discharged (f) Notwithstanding the limitation contained in subsec-
within thirty years from the time of contracting thereof, in the tion (b) of this section, the state may pledge its full faith,
manner set forth herein. credit, and taxing power to guarantee the payment of any
(b) The aggregate debt contracted by the state shall not obligation payable from revenues received from any of the
exceed that amount for which payments of principal and following sources: (1) Fees collected by the state as license
interest in any fiscal year would require the state to expend fees for motor vehicles; (2) Excise taxes collected by the state
more than nine percent of the arithmetic mean of its general on the sale, distribution or use of motor vehicle fuel; and (3)
state revenues for the three immediately preceding fiscal Interest on the permanent common school fund: Provided,
years as certified by the treasurer. The term "fiscal year" That the legislature shall, at all times, provide sufficient rev-
means that period of time commencing July 1 of any year and enues from such sources to pay the principal and interest due
ending on June 30 of the following year. on all obligations for which said source of revenue is
(c) The term "general state revenues" when used in this pledged.
section, shall include all state money received in the treasury (g) No money shall be paid from funds in custody of the
from each and every source whatsoever except: (1) Fees and treasurer with respect to any debt contracted after the effec-
revenues derived from the ownership or operation of any tive date of this amendment by the Washington state building
undertaking, facility, or project; (2) Moneys received as gifts, authority, the capitol committee, or any similar entity exist-
grants, donations, aid, or assistance or otherwise from the ing or operating for similar purposes pursuant to which such
United States or any department, bureau, or corporation entity undertakes to finance or provide a facility for use or
thereof, or any person, firm, or corporation, public or private, occupancy by the state or any agency, department, or instru-
when the terms and conditions of such gift, grant, donation, mentality thereof.
aid, or assistance require the application and disbursement of (h) The legislature shall prescribe all matters relating to
such moneys otherwise than for the general purposes of the the contracting, funding or refunding of debt pursuant to this
state of Washington; (3) Moneys to be paid into and received section, including: The purposes for which debt may be con-
from retirement system funds, and performance bonds and tracted; by a favorable vote of three-fifths of the members
deposits; (4) Moneys to be paid into and received from trust elected to each house, the amount of debt which may be con-
funds including but not limited to moneys received from tracted for any class of such purposes; the kinds of notes,
taxes levied for specific purposes and the several permanent bonds, or other evidences of debt which may be issued by the
and irreducible funds of the state and the moneys derived state; and the manner by which the treasurer shall determine
therefrom but excluding bond redemption funds; (5) Pro- and advise the legislature, any appropriate agency, officer, or
ceeds received from the sale of bonds or other evidences of instrumentality of the state as to the available debt capacity
indebtedness. within the limitation set forth in this section. The legislature
(d) In computing the amount required for payment of may delegate to any state officer, agency, or instrumentality
principal and interest on outstanding debt under this section, any of its powers relating to the contracting, funding or
debt shall be construed to mean borrowed money represented refunding of debt pursuant to this section except its power to
by bonds, notes, or other evidences of indebtedness which are determine the amount and purposes for which debt may be
secured by the full faith and credit of the state or are required contracted.
to be repaid, directly or indirectly, from general state reve- (i) The full faith, credit, and taxing power of the state of
nues and which are incurred by the state, any department, Washington are pledged to the payment of the debt created on
authority, public corporation, or quasi public corporation of behalf of the state pursuant to this section and the legislature
the state, any state university or college, or any other public shall provide by appropriation for the payment of the interest
agency created by the state but not by counties, cities, towns, upon and installments of principal of all such debt as the
school districts, or other municipal corporations, but shall not same falls due, but in any event, any court of record may
include obligations for the payment of current expenses of compel such payment.
state government, nor shall it include debt hereafter incurred (j) Notwithstanding the limitations contained in subsec-
pursuant to section 3 of this Article, obligations guaranteed as tion (b) of this section, the state may issue certificates of
provided for in subsection (f) of this section, principal of indebtedness in such sum or sums as may be necessary to
bond anticipation notes or obligations issued to fund or meet temporary deficiencies of the treasury, to preserve the
[Page 70] (Rev. 12-10)
Constitution of the State of Washington Amendment 64

best interests of the state in the conduct of the various state cases the vote of both houses shall be determined by the yeas
institutions, departments, bureaus, and agencies during each and nays, and the names of the members voting for or against
fiscal year; such certificates may be issued only to provide for the bill shall be entered upon the journal of each house
appropriations already made by the legislature and such cer- respectively. If any bill shall not be returned by the governor
tificates must be retired and the debt discharged other than by within five days, Sundays excepted, after it shall be presented
refunding within twelve months after the date of incurrence. to him, it shall become a law without his signature, unless the
(k) Bonds, notes, or other obligations issued and sold by general adjournment shall prevent its return, in which case it
the state of Washington pursuant to and in conformity with shall become a law unless the governor, within twenty days
this Article shall not be invalid for any irregularity or defect next after the adjournment, Sundays excepted, shall file such
in the proceedings of the issuance or sale thereof and shall be bill with his objections thereto, in the office of secretary of
incontestable in the hands of a bona fide purchaser or holder state, who shall lay the same before the legislature at its next
thereof. session in like manner as if it had been returned by the gover-
nor: Provided, That within forty-five days next after the
Art. 8 Section 3 SPECIAL INDEBTEDNESS, HOW adjournment, Sundays excepted, the legislature may, upon
AUTHORIZED. Except the debt specified in sections one petition by a two-thirds majority or more of the membership
and two of this Article, no debts shall hereafter be contracted of each house, reconvene in extraordinary session, not to
by, or on behalf of this state, unless such debt shall be autho- exceed five days duration, solely to reconsider any bills
rized by law for some single work or object to be distinctly vetoed. If any bill presented to the governor contain several
specified therein. No such law shall take effect until it shall, sections or appropriation items, he may object to one or more
at a general election, or a special election called for that pur- sections or appropriation items while approving other por-
pose, have been submitted to the people and have received a tions of the bill: Provided, That he may not object to less than
majority of all the votes cast for and against it at such elec- an entire section, except that if the section contain one or
tion. [1971 House Joint Resolution No. 52, p 1836. more appropriation items he may object to any such appropri-
Approved November 7, 1972.] ation item or items. In case of objection he shall append to
Art 8. Section 1 was later amended by Amendments 92 and 103. the bill, at the time of signing it, a statement of the section or
sections, appropriation item or items to which he objects and
Prior amendment of Art. 8 Section 3, see Amendment 48.
the reasons therefor; and the section or sections, appropria-
Art. 8 Section 3 was later amended by Amendment 92. tion item or items so objected to shall not take effect unless
passed over the governor’s objection, as hereinbefore pro-
Amendment 61

AMENDMENT 61 vided. The provisions of Article II, section 12 insofar as they


are inconsistent herewith are hereby repealed. [1974 Senate
The Constitution was amended by adding the following Joint Resolution No. 140, p 806. Approved November 5,
new article and sections 1 and 2 thereof: 1974.]
ARTICLE XXXI
AMENDMENT 63
Amendment 63

SEX EQUALITY - RIGHTS AND RESPONSIBILITIES


Art. 31 Section 1 EQUALITY NOT DENIED Art. 6 Section 1 QUALIFICATIONS OF ELECTORS.
BECAUSE OF SEX. Equality of rights and responsibility All persons of the age of eighteen years or over who are citi-
under the law shall not be denied or abridged on account of zens of the United States and who have lived in the state,
sex. county, and precinct thirty days immediately preceding the
Art. 31 Section 2 ENFORCEMENT POWER OF LEG- election at which they offer to vote, except those disqualified
ISLATURE. The legislature shall have the power to enforce, by Article VI, section 3 of this Constitution, shall be entitled
by appropriate legislation, the provisions of this article. to vote at all elections. [1974 Senate Joint Resolution No.
[1972 House Joint Resolution No. 61, p 526. Approved 143, p 807. Approved November 5, 1974.]
November 7, 1972.] Prior amendment of Art. 6 Section 1, see Amendments 2 and 5.
The name of this article has been supplied by the reviser.
AMENDMENT 64
Amendment 64

AMENDMENT 62
Amendment 62

Art. 7 Section 2 LIMITATION ON LEVIES. Except as


Art. 3 Section 12 VETO POWER. Every act which hereinafter provided and notwithstanding any other provision
shall have passed the legislature shall be, before it becomes a of this Constitution, the aggregate of all tax levies upon real
law, presented to the governor. If he approves, he shall sign and personal property by the state and all taxing districts now
it; but if not, he shall return it, with his objections, to that existing or hereafter created, shall not in any year exceed one
house in which it shall have originated, which house shall per centum of the true and fair value of such property in
enter the objections at large upon the journal and proceed to money: Provided, however, That nothing herein shall pre-
reconsider. If, after such reconsideration, two-thirds of the vent levies at the rates now provided by law by or for any port
members present shall agree to pass the bill it shall be sent, or public utility district. The term "taxing district" for the
together with the objections, to the other house, by which it purposes of this section shall mean any political subdivision,
shall likewise be reconsidered, and if approved by two-thirds municipal corporation, district, or other governmental agency
of the members present, it shall become a law; but in all such authorized by law to levy, or have levied for it, ad valorem
(Rev. 12-10) [Page 71]
Amendment 65 Constitution of the State of Washington

taxes on property, other than a port or public utility district. AMENDMENT 65


Amendment 65

Such aggregate limitation or any specific limitation imposed


by law in conformity therewith may be exceeded only Art. 4 Section 6 JURISDICTION OF SUPERIOR
(a) By any taxing district when specifically authorized so COURTS. The superior court shall have original jurisdiction
to do by a majority of at least three-fifths of the electors in all cases in equity and in all cases at law which involve the
thereof voting on the proposition to levy such additional tax title or possession of real property, or the legality of any tax,
submitted not more than twelve months prior to the date on impost, assessment, toll, or municipal fine, and in all other
which the proposed levy is to be made and not oftener than cases in which the demand or the value of the property in con-
twice in such twelve month period, either at a special election troversy amounts to three thousand dollars or as otherwise
or at the regular election of such taxing district, at which elec- determined by law, or a lesser sum in excess of the jurisdic-
tion the number of persons voting "yes" on the proposition tion granted to justices of the peace and other inferior courts,
shall constitute three-fifths of a number equal to forty per and in all criminal cases amounting to felony, and in all cases
centum of the total votes cast in such taxing district at the last of misdemeanor not otherwise provided for by law; of actions
preceding general election when the number of electors vot- of forcible entry and detainer; of proceedings in insolvency;
ing on the proposition does not exceed forty per centum of of actions to prevent or abate a nuisance; of all matters of pro-
the total votes cast in such taxing district in the last preceding bate, of divorce, and for annulment of marriage; and for such
general election; or by a majority of at least three-fifths of the special cases and proceedings as are not otherwise provided
electors thereof voting on the proposition to levy when the for. The superior court shall also have original jurisdiction in
number of electors voting on the proposition exceeds forty all cases and of all proceedings in which jurisdiction shall not
percentum of the total votes cast in such taxing district in the have been by law vested exclusively in some other court; and
last preceding general election: Provided, That notwith- said court shall have the power of naturalization and to issue
standing any other provision of this Constitution, any propo- papers therefor. They shall have such appellate jurisdiction
sition pursuant to this subsection to levy additional tax for the in cases arising in justices’ and other inferior courts in their
respective counties as may be prescribed by law. They shall
support of the common schools may provide such support for
always be open, except on nonjudicial days, and their process
a two year period;
shall extend to all parts of the state. Said courts and their
(b) By any taxing district otherwise authorized by law to judges shall have power to issue writs of mandamus, quo
issue general obligation bonds for capital purposes, for the warranto, review, certiorari, prohibition, and writs of habeas
sole purpose of making the required payments of principal corpus, on petition by or on behalf of any person in actual
and interest on general obligation bonds issued solely for custody in their respective counties. Injunctions and writs of
capital purposes, other than the replacement of equipment, prohibition and of habeas corpus may be issued and served on
when authorized so to do by majority of at least three-fifths of legal holidays and nonjudicial days. [1977 Senate Joint Res-
the electors thereof voting on the proposition to issue such olution No. 113, p 1714. Approved November 8, 1977.]
bonds and to pay the principal and interest thereon by an
annual tax levy in excess of the limitation herein provided Art. 4 Section 10 JUSTICES OF THE PEACE. The
during the term of such bonds, submitted not oftener than legislature shall determine the number of justices of the peace
twice in any calendar year, at an election held in the manner to be elected and shall prescribe by law the powers, duties
provided by law for bond elections in such taxing district, at and jurisdiction of justices of the peace: Provided, That such
which election the total number of persons voting on the jurisdiction granted by the legislature shall not trench upon
proposition shall constitute not less than forty per centum of the jurisdiction of superior or other courts of record, except
the total number of votes cast in such taxing district at the last that justices of the peace may be made police justices of
preceding general election: Provided, That any such taxing incorporated cities and towns. Justices of the peace shall
district shall have the right by vote of its governing body to have original jurisdiction in cases where the demand or value
refund any general obligation bonds of said district issued for of the property in controversy is less than three hundred dol-
capital purposes only, and to provide for the interest thereon lars or such greater sum, not to exceed three thousand dollars
and amortization thereof by annual levies in excess of the tax or as otherwise determined by law, as shall be prescribed by
limitation provided for herein, And provided further, That the the legislature. In incorporated cities or towns having more
provisions of this section shall also be subject to the limita- than five thousand inhabitants, the justices of the peace shall
tions contained in Article VIII, Section 6, of this Constitu- receive such salary as may be provided by law, and shall
tion; receive no fees for their own use. [1977 Senate Joint Resolu-
tion No. 113, p 1714. Approved November 8, 1977.]
(c) By the state or any taxing district for the purpose of
Prior amendment of Art. 4 Section 6 and Section 10, see Amendment
paying the principal or interest on general obligation bonds 28.
outstanding on December 6, 1934; or for the purpose of pre-
venting the impairment of the obligation of a contract when
AMENDMENT 66
Amendment 66

ordered so to do by a court of last resort. [1975-’76 2nd ex.s.


Senate Joint Resolution No. 137, p 518. Approved Novem-
ber 2, 1976.] Art. 12 Section 18 RATES FOR TRANSPORTATION.
The legislature may pass laws establishing reasonable rates
Prior amendment of Art. 7 Section 2, see Amendments 17, 55, and 59.
of charges for the transportation of passengers and freight,
Art. 7 Section 2 was later amended by Amendments 79, 90, 95, and and to correct abuses and prevent discrimination and extor-
101. tion in the rates of freight and passenger tariffs on the differ-
[Page 72] (Rev. 12-10)
Constitution of the State of Washington Amendment 71

ent railroads and other common carriers in the state, and shall office at the level designated prior to the increase in emolu-
enforce such laws by adequate penalties. A railroad and ments. [1979 Senate Joint Resolution No. 112, p 2287.
transportation commission may be established and its powers Approved November 6, 1979.]
and duties fully defined by law. [1977 House Joint Resolu-
tion No. 55, p 1713. Approved November 8, 1977.] Amendment 70

AMENDMENT 70

AMENDMENT 67
Amendment 67

Article 8 was amended by adding the following section:


Art. 8 Section 10 RESIDENTIAL ENERGY CONSER-
Art. 12 Section 14 PROHIBITION AGAINST COMBI- VATION. Notwithstanding the provisions of section 7 of
NATIONS BY CARRIERS. [Repealed by 1977 House Joint this Article, until January 1, 1990 any county, city, town,
Resolution No. 57, p 1714. Approved November 8, 1977.] quasi municipal corporation, municipal corporation, or polit-
ical subdivision of the state which is engaged in the sale or
AMENDMENT 68
Amendment 68

distribution of energy may, as authorized by the legislature,


use public moneys or credit derived from operating revenues
Art. 2 Section 12 SESSIONS, WHEN - DURATION. from the sale of energy to assist the owners of residential
(1) Regular Sessions. A regular session of the legislature structures in financing the acquisition and installation of
shall be convened each year. Regular sessions shall convene materials and equipment for the conservation or more effi-
on such day and at such time as the legislature shall deter- cient use of energy in such structures. Except as provided in
mine by statute. During each odd-numbered year, the regular section 7 of this Article, an appropriate charge back shall be
session shall not be more than one hundred five consecutive made for such extension of public moneys or credit and the
days. During each even-numbered year, the regular session same shall be a lien against the residential structure benefited.
shall not be more than sixty consecutive days. Except as to contracts entered into prior thereto, this amend-
(2) Special Legislative Sessions. Special legislative ses- ment to the state Constitution shall be null and void as of Jan-
sions may be convened for a period of not more than thirty uary 1, 1990 and shall have no further force or effect after
consecutive days by proclamation of the governor pursuant to that date. [1979 Substitute Senate Joint Resolution No. 120,
Article III, section 7 of this Constitution. Special legislative p 2288. Approved November 6, 1979.]
sessions may also be convened for a period of not more than Art. 8 Section 10 was later amended by Amendments 82, 86, and 91.
thirty consecutive days by resolution of the legislature upon
the affirmative vote in each house of two-thirds of the mem-
AMENDMENT 71
Amendment 71

bers elected or appointed thereto, which vote may be taken


and resolution executed either while the legislature is in ses-
sion or during any interim between sessions in accordance Article 4 was amended by adding the following section:
with such procedures as the legislature may provide by law or Art. 4 Section 31 JUDICIAL QUALIFICATIONS
resolution. The resolution convening the legislature shall COMMISSION - REMOVAL, CENSURE, SUSPENSION,
specify a purpose or purposes for the convening of a special OR RETIREMENT OF JUDGES OR JUSTICES. There
session, and any special session convened by the resolution shall be a judicial qualifications commission consisting of a
shall consider only measures germane to the purpose or pur- judge selected by and from the court of appeals judges, a
poses expressed in the resolution, unless by resolution judge selected by and from the superior court judges, a judge
adopted during the session upon the affirmative vote in each selected by and from the district court judges, two persons
house of two-thirds of the members elected or appointed admitted to the practice of law in this state selected by the
thereto, an additional purpose or purposes are expressed. The state bar association, and two persons who are not attorneys
specification of purpose by the governor pursuant to Article appointed by the governor and confirmed by the senate.
III, section 7 of this Constitution shall be considered by the The supreme court may censure, suspend, or remove a
legislature but shall not be mandatory. judge or justice for violating a rule of judicial conduct and
(3) Committees of the Legislature. Standing and special may retire a judge or justice for disability which is permanent
committees of the legislature shall meet and conduct official or is likely to become permanent and which seriously inter-
business pursuant to such rules as the legislature may adopt. feres with the performance of judicial duties. The office of a
[1979 Substitute Senate Joint Resolution No. 110, p 2286. judge or justice retired or removed by the supreme court
Approved November 6, 1979.] becomes vacant, and that person is ineligible for judicial
office until eligibility is reinstated by the supreme court. The
Amendment 69

AMENDMENT 69 salary of a removed judge or justice shall cease.


The supreme court shall specify the effect upon salary
Art. 2 Section 13 LIMITATION ON MEMBERS when disciplinary action other than removal is taken. The
HOLDING OFFICE IN THE STATE. No member of the supreme court may not discipline or retire a judge or justice
legislature, during the term for which he is elected, shall be until the judicial qualifications commission recommends
appointed or elected to any civil office in the state, which after notice and hearing that action be taken and the supreme
shall have been created during the term for which he was court conducts a hearing, after notice, to review commission
elected. Any member of the legislature who is appointed or proceedings and findings against a judge or justice.
elected to any civil office in the state, the emoluments of The legislature shall provide for commissioners’ terms
which have been increased during his legislative term of of office and compensation. The commission shall establish
office, shall be compensated for the initial term of the civil rules of procedure for commission proceedings including due
(Rev. 12-10) [Page 73]
Amendment 72 Constitution of the State of Washington

process and confidentiality of proceedings. [1980 Substitute theless be carefully counted and made public. If a majority
House Joint Resolution No. 37, p 652. Approved November voting on the first issue is for either, then the measure receiv-
4, 1980.] ing a majority of the votes on the second issue shall be law.
Art. 4 Section 31 was later amended by Amendments 77, 85, and 97. (b) Referendum. The second power reserved by the peo-
ple is the referendum, and it may be ordered on any act, bill,
law, or any part thereof passed by the legislature, except such
AMENDMENT 72
Amendment 72

laws as may be necessary for the immediate preservation of


the public peace, health or safety, support of the state govern-
Art. 2 Section 1 LEGISLATIVE POWERS, WHERE ment and its existing public institutions, either by petition
VESTED. The legislative authority of the state of Washing- signed by the required percentage of the legal voters, or by
ton shall be vested in the legislature, consisting of a senate the legislature as other bills are enacted: Provided, That the
and house of representatives, which shall be called the legis- legislature may not order a referendum on any initiative mea-
lature of the state of Washington, but the people reserve to sure enacted by the legislature under the foregoing subsection
themselves the power to propose bills, laws, and to enact or (a). The number of valid signatures of registered voters
reject the same at the polls, independent of the legislature, required on a petition for referendum of an act of the legisla-
and also reserve power, at their own option, to approve or ture or any part thereof, shall be equal to or exceeding four
reject at the polls any act, item, section, or part of any bill, act, percent of the votes cast for the office of governor at the last
or law passed by the legislature. gubernatorial election preceding the filing of the text of the
(a) Initiative: The first power reserved by the people is referendum measure with the secretary of state.
the initiative. Every such petition shall include the full text of
the measure so proposed. In the case of initiatives to the leg- (c) No act, law, or bill subject to referendum shall take
islature and initiatives to the people, the number of valid sig- effect until ninety days after the adjournment of the session at
natures of legal voters required shall be equal to eight percent which it was enacted. No act, law, or bill approved by a
of the votes cast for the office of governor at the last guberna- majority of the electors voting thereon shall be amended or
torial election preceding the initial filing of the text of the ini- repealed by the legislature within a period of two years fol-
tiative measure with the secretary of state. lowing such enactment: Provided, That any such act, law, or
bill may be amended within two years after such enactment at
Initiative petitions shall be filed with the secretary of
any regular or special session of the legislature by a vote of
state not less than four months before the election at which
two-thirds of all the members elected to each house with full
they are to be voted upon, or not less than ten days before any
compliance with section 12, Article III, of the Washington
regular session of the legislature. If filed at least four months
Constitution, and no amendatory law adopted in accordance
before the election at which they are to be voted upon, he
with this provision shall be subject to referendum. But such
shall submit the same to the vote of the people at the said
enactment may be amended or repealed at any general regular
election. If such petitions are filed not less than ten days
or special election by direct vote of the people thereon.
before any regular session of the legislature, he shall certify
the results within forty days of the filing. If certification is (d) The filing of a referendum petition against one or
not complete by the date that the legislature convenes, he more items, sections, or parts of any act, law, or bill shall not
shall provisionally certify the measure pending final certifi- delay the remainder of the measure from becoming operative.
cation of the measure. Such initiative measures, whether cer- Referendum petitions against measures passed by the legisla-
tified or provisionally certified, shall take precedence over all ture shall be filed with the secretary of state not later than
other measures in the legislature except appropriation bills ninety days after the final adjournment of the session of the
and shall be either enacted or rejected without change or legislature which passed the measure on which the referen-
amendment by the legislature before the end of such regular dum is demanded. The veto power of the governor shall not
session. If any such initiative measures shall be enacted by extend to measures initiated by or referred to the people. All
the legislature it shall be subject to the referendum petition, elections on measures referred to the people of the state shall
or it may be enacted and referred by the legislature to the peo- be had at the next succeeding regular general election follow-
ple for approval or rejection at the next regular election. If it ing the filing of the measure with the secretary of state,
is rejected or if no action is taken upon it by the legislature except when the legislature shall order a special election.
before the end of such regular session, the secretary of state Any measure initiated by the people or referred to the people
shall submit it to the people for approval or rejection at the as herein provided shall take effect and become the law if it is
next ensuing regular general election. The legislature may approved by a majority of the votes cast thereon: Provided,
reject any measure so proposed by initiative petition and pro- That the vote cast upon such question or measure shall equal
pose a different one dealing with the same subject, and in one-third of the total votes cast at such election and not oth-
such event both measures shall be submitted by the secretary erwise. Such measure shall be in operation on and after the
of state to the people for approval or rejection at the next thirtieth day after the election at which it is approved. The
ensuing regular general election. When conflicting measures style of all bills proposed by initiative petition shall be: "Be
are submitted to the people the ballots shall be so printed that it enacted by the people of the State of Washington." This
a voter can express separately by making one cross (X) for section shall not be construed to deprive any member of the
each, two preferences, first, as between either measure and legislature of the right to introduce any measure. All such
neither, and secondly, as between one and the other. If the petitions shall be filed with the secretary of state, who shall
majority of those voting on the first issue is for neither, both be guided by the general laws in submitting the same to the
fail, but in that case the votes on the second issue shall never- people until additional legislation shall especially provide
[Page 74] (Rev. 12-10)
Constitution of the State of Washington Amendment 74

therefor. This section is self-executing, but legislation may After the initial adoption of a law by the legislature
be enacted especially to facilitate its operation. authorizing the issuance of nonrecourse revenue bonds or
(e) The legislature shall provide methods of publicity of other nonrecourse revenue obligations, no amendment to
all laws or parts of laws, and amendments to the Constitution such act which expands the definition of industrial develop-
referred to the people with arguments for and against the laws ment project shall be valid unless the amendment is enacted
and amendments so referred. The secretary of state shall by a favorable vote of three-fifths of the members elected to
send one copy of the publication to each individual place of each house of the legislature and is subject to referendum
residence in the state and shall make such additional distribu- petition.
tion as he shall determine necessary to reasonably assure that Sections 5 and 7 of Article VIII and section 9 of Article
each voter will have an opportunity to study the measures XII shall not be construed as a limitation upon the authority
prior to election. [1981 Substitute Senate Joint Resolution granted by this section. The proceeds of revenue bonds and
No. 133, p 1796. Approved November 3, 1981.] other revenue obligations issued pursuant to this section for
Prior amendment of Art. 2 Section 1, see Amendment 7. the purpose of financing privately owned property or loans to
private persons or corporations shall be subject to audit by the
Addition of subsection (e) to Art. 2 Section 1, see Amendment 36.
state but shall not otherwise be deemed to be public money or
Art. 2 Section 1(a). INITIATIVE AND REFEREN- public property for purposes of this Constitution. This sec-
DUM, SIGNATURES REQUIRED. [Stricken by 1981 Sub- tion is supplemental to and shall not be construed as a repeal
stitute Senate Joint Resolution No. 133, p 1796. Approved of or limitation on any other authority lawfully exercisable
November 3, 1981.] under the Constitution and laws of this state, including,
Adoption of Art. 2 Section 1(a), see Amendment 30.
among others, any existing authority to issue revenue bonds.
[1981 Substitute House Joint Resolution No. 7, p 1794.
Approved November 3, 1981.]
AMENDMENT 73
Amendment 73

The name of this Article has been supplied by the reviser.

The Constitution was amended by adding the following


AMENDMENT 74
Amendment 74

new article and section 1 thereof:


ARTICLE XXXII Article 2 was amended by adding the following section:
SPECIAL REVENUE FINANCING
Art. 2 Section 43 REDISTRICTING. (1) In January of
Art. 32 Section 1 SPECIAL REVENUE FINANCING. each year ending in one, a commission shall be established to
The legislature may enact laws authorizing the state, coun- provide for the redistricting of state legislative and congres-
ties, cities, towns, port districts, or public corporations estab- sional districts.
lished thereby to issue nonrecourse revenue bonds or other (2) The commission shall be composed of five members
nonrecourse revenue obligations and to apply the proceeds to be selected as follows: The legislative leader of the two
thereof in the manner and for the purposes heretofore or here- largest political parties in each house of the legislature shall
after authorized by law, subject to the following limitations: appoint one voting member to the commission by January
(a) Nonrecourse revenue bonds and other nonrecourse 15th of each year ending in one. By January 31st of each year
revenue obligations issued pursuant to this section shall be ending in one, the four appointed members, by an affirmative
payable only from money or other property received as a vote of at least three, shall appoint the remaining member.
result of projects financed by the nonrecourse revenue bonds The fifth member of the commission, who shall be nonvot-
or other nonrecourse revenue obligations and from money ing, shall act as its chairperson. If any appointing authority
and other property received from private sources. fails to make the required appointment by the date estab-
(b) Nonrecourse revenue bonds and other nonrecourse lished by this subsection, within five days after that date the
revenue obligations issued pursuant to this section shall not supreme court shall make the required appointment.
be payable from or secured by any tax funds or governmental (3) No elected official and no person elected to legisla-
revenue or by all or part of the faith and credit of the state or tive district, county, or state political party office may serve
any unit of local government. on the commission. A commission member shall not have
(c) Nonrecourse revenue bonds or other nonrecourse been an elected official and shall not have been an elected
revenue obligations issued pursuant to this section may be legislative district, county, or state political party officer
issued only if the issuer certifies that it reasonably believes within two years of his or her appointment to the commis-
that the interest paid on the bonds or obligations will be sion. The provisions of this subsection do not apply to the
exempt from income taxation by the federal government. office of precinct committee person.
(d) Nonrecourse revenue bonds or other nonrecourse (4) The legislature shall enact laws providing for the
revenue obligations may only be used to finance industrial implementation of this section, to include additional qualifi-
development projects as defined in legislation. cations for commissioners and additional standards to govern
(e) The state, counties, cities, towns, port districts, or the commission. The legislature shall appropriate funds to
public corporations established thereby, shall never exercise enable the commission to carry out its duties.
their respective attributes of sovereignty, including but not (5) Each district shall contain a population, excluding
limited to, the power to tax, the power of eminent domain, nonresident military personnel, as nearly equal as practicable
and the police power on behalf of any industrial development to the population of any other district. To the extent reason-
project authorized pursuant to this section. able, each district shall contain contiguous territory, shall be
(Rev. 12-10) [Page 75]
Amendment 75 Constitution of the State of Washington

compact and convenient, and shall be separated from adjoin- tions 5, and 7 of Article VIII and section 9 of Article XII or
ing districts by natural geographic barriers, artificial barriers, any other section or article of the Constitution of the state of
or political subdivision boundaries. The commission’s plan Washington, the moneys of any public pension or retirement
shall not provide for a number of legislative districts different fund or industrial insurance trust fund may be invested as
than that established by the legislature. The commission’s authorized by law. [1985 House Joint Resolution No. 12, p
plan shall not be drawn purposely to favor or discriminate 2398. Approved November 5, 1985.]
against any political party or group. Prior amendment of Art. 29 Section 1, see Amendment 49.
(6) The commission shall complete redistricting as soon
Art. 29 Section 1 was later amended by Amendment 93.
as possible following the federal decennial census, but no
later than January 1st of each year ending in two. At least
AMENDMENT 76
Amendment 76

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 Article 8 was amended by adding the following section:
subsection, the supreme court shall adopt a plan by April 30th Art. 8 Section 11 AGRICULTURAL COMMODITY
of the year ending in two in conformance with the standards ASSESSMENTS - DEVELOPMENT, PROMOTION, AND
set forth in subsection (5) of this section. HOSTING. The use of agricultural commodity assessments
(7) The legislature may amend the redistricting plan but by agricultural commodity commissions in such manner as
must do so by a two-thirds vote of the legislators elected or may be prescribed by the legislature for agricultural develop-
appointed to each house of the legislature. Any amendment ment or trade promotion and promotional hosting shall be
must have passed both houses by the end of the thirtieth day deemed a public use for a public purpose, and shall not be
of the first session convened after the commission has sub- deemed a gift within the provisions of section 5 of this article.
mitted its plan to the legislature. After that day, the plan, with [1985 House Joint Resolution No. 42, p 2402. Approved
any legislative amendments, constitutes the state districting November 5, 1985.]
law.
(8) The legislature shall enact laws providing for the AMENDMENT 77
Amendment 77

reconvening of a commission for the purpose of modifying a


districting law adopted under this section. Such reconvening Art. 4 Section 31 COMMISSION ON JUDICIAL
requires a two-thirds vote of the legislators elected or CONDUCT - REMOVAL, CENSURE, SUSPENSION, OR
appointed to each house of the legislature. The commission RETIREMENT OF JUDGES OR JUSTICES - PROCEED-
shall conform to the standards prescribed under subsection INGS. There shall be a commission on judicial conduct con-
(5) of this section and any other standards or procedures that sisting of a judge selected by and from the court of appeals
the legislature may provide by law. At least three of the vot- judges, a judge selected by and from the superior court
ing members shall approve such a modification. Any modi- judges, a judge selected by and from the district court judges,
fication adopted by the commission may be amended by a two persons admitted to the practice of law in this state
two-thirds vote of the legislators elected and appointed to selected by the state bar association, and four persons who
each house of the legislature. The state districting law shall are not attorneys appointed by the governor and confirmed by
include the modifications with amendments, if any. the senate.
(9) The legislature shall prescribe by law the terms of The supreme court may censure, suspend, or remove a
commission members and the method of filling vacancies on judge or justice for violating a rule of judicial conduct and
the commission. may retire a judge or justice for disability which is permanent
(10) The supreme court has original jurisdiction to hear or is likely to become permanent and which seriously inter-
and decide all cases involving congressional and legislative feres with the performance of judicial duties. The office of a
redistricting. judge or justice retired or removed by the supreme court
(11) Legislative and congressional districts may not be becomes vacant, and that person is ineligible for judicial
changed or established except pursuant to this section. A dis- office until eligibility is reinstated by the supreme court. The
tricting plan and any legislative amendments to the plan are salary of a removed judge or justice shall cease.
not subject to Article III, section 12 of this Constitution. The supreme court shall specify the effect upon salary
[1983 Substitute Senate Joint Resolution No. 103, p 2202. when disciplinary action other than removal is taken. The
Approved November 8, 1983.] supreme court may not discipline or retire a judge or justice
Art. 2 Section 3 THE CENSUS. [Repealed by 1983 until the commission on judicial conduct recommends after
Substitute Senate Joint Resolution No. 103, p 2202. notice and hearing that action be taken and the supreme court
Approved November 8, 1983.] conducts a hearing, after notice, to review commission pro-
ceedings and findings against a judge or justice.
Art. 27 Section 13 REPRESENTATION IN CON- Whenever the commission receives a complaint against
GRESS. [Repealed by 1983 Substitute Senate Joint Resolu- a judge or justice, it shall first conduct proceedings for the
tion No. 103, p 2202. Approved November 8, 1983.] purpose of determining whether sufficient reason exists for
conducting a hearing or hearings to deal with the accusations.
Amendment 75

AMENDMENT 75 These initial proceedings shall be confidential, unless confi-


dentiality is waived by the judge or justice, but all subsequent
Art. 29 Section 1 MAY BE INVESTED AS AUTHO- hearings conducted by the commission shall be open to mem-
RIZED BY LAW. Notwithstanding the provisions of sec- bers of the public.
[Page 76] (Rev. 12-10)
Constitution of the State of Washington Amendment 79

Whenever the commission adopts a recommendation AMENDMENT 79


Amendment 79

that a judge or justice be removed, the judge or justice shall


be suspended immediately, with salary, from his or her judi- Art. 7 Section 2 -LIMITATION ON LEVIES. Except as
cial position until a final determination is made by the hereinafter provided and notwithstanding any other provision
supreme court. of this Constitution, the aggregate of all tax levies upon real
The legislature shall provide for commissioners’ terms and personal property by the state and all taxing districts now
of office and compensation. The commission shall establish existing or hereafter created, shall not in any year exceed one
rules of procedure for commission proceedings including due per centum of the true and fair value of such property in
process and confidentiality of proceedings. [1986 Senate money: Provided, however, That nothing herein shall pre-
Joint Resolution No. 136, p 1532. Approved November 4, vent levies at the rates now provided by law by or for any port
1986.] or public utility district. The term "taxing district" for the
Prior amendment of Art. 4 Section 31, see Amendment 71. purposes of this section shall mean any political subdivision,
municipal corporation, district, or other governmental agency
Art. 4 Section 31 was later amended by Amendments 85 and 97.
authorized by law to levy, or have levied for it, ad valorem
taxes on property, other than a port or public utility district.
AMENDMENT 78
Amendment 78

Such aggregate limitation or any specific limitation imposed


by law in conformity therewith may be exceeded only
Art. 28 Section 1 SALARIES FOR LEGISLATORS, (a) By any taxing district when specifically authorized so
ELECTED STATE OFFICIALS, AND JUDGES - INDE- to do by a majority of at least three-fifths of the electors
PENDENT COMMISSION - REFERENDUM. Salaries for thereof voting on the proposition to levy such additional tax
members of the legislature, elected officials of the executive submitted not more than twelve months prior to the date on
branch of state government, and judges of the state’s supreme which the proposed levy is to be made and not oftener than
court, court of appeals, superior courts, and district courts twice in such twelve month period, either at a special election
shall be fixed by an independent commission created and or at the regular election of such taxing district, at which elec-
directed by law to that purpose. No state official, public tion the number of persons voting "yes" on the proposition
employee, or person required by law to register with a state shall constitute three-fifths of a number equal to forty per
agency as a lobbyist, or immediate family member of the centum of the total votes cast in such taxing district at the last
official, employee, or lobbyist, may be a member of that preceding general election when the number of electors vot-
commission. ing on the proposition does not exceed forty per centum of
As used in this section the phrase "immediate family" the total votes cast in such taxing district in the last preceding
has the meaning that is defined by law. general election; or by a majority of at least three-fifths of the
Any change of salary shall be filed with the secretary of electors thereof voting on the proposition to levy when the
state and shall become law ninety days thereafter without number of electors voting on the proposition exceeds forty
action of the legislature or governor, but shall be subject to percentum of the total votes cast in such taxing district in the
referendum petition by the people, filed within the ninety-day last preceding general election: Provided, That notwith-
period. Referendum measures under this section shall be standing any other provision of this Constitution, any propo-
submitted to the people at the next following general election, sition pursuant to this subsection to levy additional tax for the
and shall be otherwise governed by the provisions of this support of the common schools may provide such support for
Constitution generally applicable to referendum measures. a two year period and any proposition to levy an additional
The salaries fixed pursuant to this section shall supersede any tax to support the construction, modernization, or remodel-
other provision for the salaries of members of the legislature, ling of school facilities may provide such support for a period
elected officials of the executive branch of state government, not exceeding six years;
and judges of the state’s supreme court, court of appeals, (b) By any taxing district otherwise authorized by law to
superior courts, and district courts. The salaries for such offi- issue general obligation bonds for capital purposes, for the
cials in effect on January 12, 1987, shall remain in effect until sole purpose of making the required payments of principal
changed pursuant to this section. and interest on general obligation bonds issued solely for
After the initial adoption of a law by the legislature cre- capital purposes, other than the replacement of equipment,
ating the independent commission, no amendment to such act when authorized so to do by majority of at least three-fifths of
which alters the composition of the commission shall be valid the electors thereof voting on the proposition to issue such
unless the amendment is enacted by a favorable vote of two- bonds and to pay the principal and interest thereon by an
thirds of the members elected to each house of the legislature annual tax levy in excess of the limitation herein provided
and is subject to referendum petition. during the term of such bonds, submitted not oftener than
The provisions of section 14 of Article IV, sections 14, twice in any calendar year, at an election held in the manner
16, 17, 19, 20, 21, and 22 of Article III, and section 23 of provided by law for bond elections in such taxing district, at
Article II, insofar as they are inconsistent herewith, are which election the total number of persons voting on the
hereby superseded. The provisions of section 1 of Article II proposition shall constitute not less than forty per centum of
relating to referendum procedures, insofar as they are incon- the total number of votes cast in such taxing district at the last
sistent herewith, are hereby superseded with regard to the sal- preceding general election: Provided, That any such taxing
aries governed by this section. [1986 Substitute House Joint district shall have the right by vote of its governing body to
Resolution No. 49, p 1529. Approved November 4, 1986.] refund any general obligation bonds of said district issued for
Prior amendment of Art. 28 Section 1, see Amendment 20. capital purposes only, and to provide for the interest thereon
(Rev. 12-10) [Page 77]
Amendment 80 Constitution of the State of Washington

and amortization thereof by annual levies in excess of the tax AMENDMENT 82


Amendment 82

limitation provided for herein, And provided further, That the


provisions of this section shall also be subject to the limita- Art. 8 Section 10 RESIDENTIAL ENERGY CONSER-
tions contained in Article VIII, Section 6, of this Constitu- VATION. Notwithstanding the provisions of section 7 of
tion; this Article, any county, city, town, quasi municipal corpora-
(c) By the state or any taxing district for the purpose of tion, municipal corporation, or political subdivision of the
paying the principal or interest on general obligation bonds state which is engaged in the sale or distribution of energy
outstanding on December 6, 1934; or for the purpose of pre- may, as authorized by the legislature, use public moneys or
venting the impairment of the obligation of a contract when credit derived from operating revenues from the sale of
ordered so to do by a court of last resort. [1986 House Joint energy to assist the owners of structures or equipment in
Resolution No. 55, p 1530. Approved November 4, 1986.] financing the acquisition and installation of materials and
equipment for the conservation or more efficient use of
Prior amendment of Art. 7 Section 2, see Amendments 17, 55, 59, and
64. energy in such structures or equipment. Except as provided
in section 7 of this Article, an appropriate charge back shall
Art. 7 Section 2 was later amended by Amendments 90, 95, and 101.
be made for such extension of public moneys or credit and
the same shall be a lien against the structure benefited or a
AMENDMENT 80 security interest in the equipment benefited. Any financing
Amendment 80

authorized by this article shall only be used for conservation


Art. 4 Section 7 EXCHANGE OF JUDGES - JUDGE purposes in existing structures and shall not be used for any
PRO TEMPORE. The judge of any superior court may hold purpose which results in a conversion from one energy
a superior court in any county at the request of the judge of source to another. [1988 House Joint Resolution No. 4223, p
the superior court thereof, and upon the request of the gover- 1552. Approved November 8, 1988.]
nor it shall be his duty to do so. A case in the superior court Prior amendment to Art. 8 Section 10, see Amendment 70.
may be tried by a judge, pro tempore, who must be a member Art. 8 Section 10 was later amended by Amendments 86 and 91.
of the bar, agreed upon in writing by the parties litigant, or
their attorneys of record, approved by the court and sworn to
AMENDMENT 83
Amendment 83

try the case. However, if a previously elected judge of the


superior court retires leaving a pending case in which the
Art. 6 Section 3 WHO DISQUALIFIED. All persons
judge has made discretionary rulings, the judge is entitled to
convicted of infamous crime unless restored to their civil
hear the pending case as a judge pro tempore without any
rights and all persons while they are judicially declared men-
written agreement. [1987 Senate Joint Resolution No. 8207,
tally incompetent are excluded from the elective franchise.
p 2815. Approved November 3, 1987.]
Art. 4 Section 7 was later amended by Amendment 94. Art. 13 Section 1 EDUCATIONAL, REFORMA-
TORY, AND PENAL INSTITUTIONS. Educational, refor-
matory, and penal institutions; those for the benefit of youth
AMENDMENT 81
Amendment 81

who are blind or deaf or otherwise disabled; for persons who


are mentally ill or developmentally disabled; and such other
Art. 7 Section 1 TAXATION. The power of taxation institutions as the public good may require, shall be fostered
shall never be suspended, surrendered or contracted away. and supported by the state, subject to such regulations as may
All taxes shall be uniform upon the same class of property be provided by law. The regents, trustees, or commissioners
within the territorial limits of the authority levying the tax of all such institutions existing at the time of the adoption of
and shall be levied and collected for public purposes only. this Constitution, and of such as shall thereafter be estab-
The word "property" as used herein shall mean and include lished by law, shall be appointed by the governor, by and
everything, whether tangible or intangible, subject to owner- with the advice and consent of the senate; and upon all nom-
ship. All real estate shall constitute one class: Provided, inations made by the governor, the question shall be taken by
That the legislature may tax mines and mineral resources and ayes and noes, and entered upon the journal. [1988 House
lands devoted to reforestation by either a yield tax or an ad Joint Resolution No. 4231, p 1553. Approved November 8,
valorem tax at such rate as it may fix, or by both. Such prop- 1988.]
erty as the legislature may by general laws provide shall be
exempt from taxation. Property of the United States and of Amendment 84

AMENDMENT 84
the state, counties, school districts and other municipal cor-
porations, and credits secured by property actually taxed in Art. 1 Section 35 VICTIMS OF CRIMES - RIGHTS.
this state, not exceeding in value the value of such property, Effective law enforcement depends on cooperation from vic-
shall be exempt from taxation. The legislature shall have tims of crime. To ensure victims a meaningful role in the
power, by appropriate legislation, to exempt personal prop- criminal justice system and to accord them due dignity and
erty to the amount of three thousand ($3,000.00) dollars for respect, victims of crime are hereby granted the following
each head of a family liable to assessment and taxation under basic and fundamental rights.
the provisions of the laws of this state of which the individual Upon notifying the prosecuting attorney, a victim of a
is the actual bona fide owner. [1988 House Joint Resolution crime charged as a felony shall have the right to be informed
No. 4222, p 1551. Approved November 8, 1988.] of and, subject to the discretion of the individual presiding
Prior amendment to Art. 7 Section 1, see Amendments 14 and 98. over the trial or court proceedings, attend trial and all other
[Page 78] (Rev. 12-10)
Constitution of the State of Washington Amendment 86

court proceedings the defendant has the right to attend, and to (5) Upon the recommendation of the commission, the
make a statement at sentencing and at any proceeding where supreme court may suspend, remove, or retire a judge or jus-
the defendant’s release is considered, subject to the same tice. The office of a judge or justice retired or removed by the
rules of procedure which govern the defendant’s rights. In supreme court becomes vacant, and that person is ineligible
the event the victim is deceased, incompetent, a minor, or for judicial office until eligibility is reinstated by the supreme
otherwise unavailable, the prosecuting attorney may identify court. The salary of a removed judge or justice shall cease.
a representative to appear to exercise the victim’s rights. The supreme court shall specify the effect upon salary when
This provision shall not constitute a basis for error in favor of it suspends a judge or justice. The supreme court may not
a defendant in a criminal proceeding nor a basis for providing suspend, remove, or retire a judge or justice until the commis-
a victim or the victim’s representative with court appointed sion, after notice and hearing, recommends that action be
counsel. [1989 Senate Joint Resolution No. 8200, p 2999. taken, and the supreme court conducts a hearing, after notice,
Approved November 7, 1989.] to review commission proceedings and findings against the
judge or justice.
Amendment 85

AMENDMENT 85 (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.
Art. 4 Section 31 COMMISSION ON JUDICIAL (7) Any matter before the commission or supreme court
CONDUCT. (1) There shall be a commission on judicial may be disposed of by a stipulation entered into in a public
conduct, existing as an independent agency of the judicial proceeding. The stipulation shall be signed by the judge or
branch, and consisting of a judge selected by and from the justice and the commission or court. The stipulation may
court of appeals judges, a judge selected by and from the impose any terms and conditions deemed appropriate by the
superior court judges, a judge selected by and from the dis- commission or court. A stipulation shall set forth all material
trict court judges, two persons admitted to the practice of law facts relating to the proceeding and the conduct of the judge
in this state selected by the state bar association, and six per- or justice.
sons who are not attorneys appointed by the governor.
(8) Whenever the commission adopts a recommendation
(2) Whenever the commission receives a complaint that a judge or justice be removed, the judge or justice shall
against a judge or justice, or otherwise has reason to believe be suspended immediately, with salary, from his or her judi-
that a judge or justice should be admonished, reprimanded, cial position until a final determination is made by the
censured, suspended, removed, or retired, the commission supreme court.
shall first investigate the complaint or belief and then conduct (9) The legislature shall provide for commissioners’
initial proceedings for the purpose of determining whether terms of office and compensation. The commission shall
probable cause exists for conducting a public hearing or hear- employ one or more investigative officers with appropriate
ings to deal with the complaint or belief. The investigation professional training and experience. The investigative offic-
and initial proceedings shall be confidential. Upon beginning ers of the commission shall report directly to the commission.
an initial proceeding, the commission shall notify the judge The commission shall also employ such administrative or
or justice of the existence of and basis for the initial proceed- other staff as are necessary to manage the affairs of the com-
ing. mission.
(3) Whenever the commission concludes, based on an (10) The commission shall, to the extent that compliance
initial proceeding, that there is probable cause to believe that does not conflict with this section, comply with laws of gen-
a judge or justice has violated a rule of judicial conduct or eral applicability to state agencies with respect to rule-mak-
that the judge or justice suffers from a disability which is per- ing procedures, and with respect to public notice of and atten-
manent or likely to become permanent and which seriously dance at commission proceedings other than initial proceed-
interferes with the performance of judicial duties, the com- ings. The commission shall establish rules of procedure for
mission shall conduct a public hearing or hearings and shall commission proceedings including due process and confi-
make public all those records of the initial proceeding that dentiality of proceedings. [1989 Substitute Senate Joint Res-
provide the basis for its conclusion. If the commission con- olution No. 8202, p 3000. Approved November 7, 1989.]
cludes that there is not probable cause, it shall notify the
Prior amendment of Art. 4 Section 31, see Amendments 71 and 77.
judge or justice of its conclusion.
(4) Upon the completion of the hearing or hearings, the Art. 4 Section 31 was later amended by Amendment 97.
commission in open session shall either dismiss the case, or
shall admonish, reprimand, or censure the judge or justice, or AMENDMENT 86
Amendment 86

shall censure the judge or justice and recommend to the


supreme court the suspension or removal of the judge or jus- Art. 8 Section 10 ENERGY AND WATER CONSER-
tice, or shall recommend to the supreme court the retirement VATION ASSISTANCE. Notwithstanding the provisions of
of the judge or justice. The commission may not recommend section 7 of this Article, any county, city, town, quasi munic-
suspension or removal unless it censures the judge or justice ipal corporation, municipal corporation, or political subdivi-
for the violation serving as the basis for the recommendation. sion of the state which is engaged in the sale or distribution of
The commission may recommend retirement of a judge or water or energy may, as authorized by the legislature, use
justice for a disability which is permanent or likely to become public moneys or credit derived from operating revenues
permanent and which seriously interferes with the perfor- from the sale of water or energy to assist the owners of struc-
mance of judicial duties. tures or equipment in financing the acquisition and installa-
(Rev. 12-10) [Page 79]
Amendment 87 Constitution of the State of Washington

tion of materials and equipment for the conservation or more and safety of the state. No public money or property shall be
efficient use of water or energy in such structures or equip- appropriated for or applied to any religious worship, exercise
ment. Except as provided in section 7 of this Article, an or instruction, or the support of any religious establishment:
appropriate charge back shall be made for such extension of PROVIDED, HOWEVER, That this article shall not be so
public moneys or credit and the same shall be a lien against construed as to forbid the employment by the state of a chap-
the structure benefited or a security interest in the equipment lain for such of the state custodial, correctional, and mental
benefited. Any financing for energy conservation authorized institutions, or by a county’s or public hospital district’s hos-
by this article shall only be used for conservation purposes in pital, health care facility, or hospice, as in the discretion of
existing structures and shall not be used for any purpose the legislature may seem justified. No religious qualification
which results in a conversion from one energy source to shall be required for any public office or employment, nor
another. [1989 Senate Joint Resolution No. 8210, p 3003.
shall any person be incompetent as a witness or juror, in con-
Approved November 7, 1989.]
sequence of his opinion on matters of religion, nor be ques-
Prior amendment of Art. 8 Section 10, see Amendments 70 and 82.
tioned in any court of justice touching his religious belief to
Art. 8 Section 10 was later amended by Amendment 91. affect the weight of his testimony. [1993 House Joint Reso-
lution No. 4200, p 3062. Approved November 2, 1993.]
AMENDMENT 87
Amendment 87

Prior amendment of Art. 1 Section 11, see Amendments 4, 34, and 88.

Art. 4 Section 6 JURISDICTION OF SUPERIOR


COURTS. Superior courts and district courts have concur-
Amendment 89

AMENDMENT 89
rent 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, Art. 4 Section 3 ELECTION AND TERMS OF
impost, assessment, toll, or municipal fine, and in all other SUPREME COURT JUDGES. The judges of the supreme
cases in which the demand or the value of the property in con- court shall be elected by the qualified electors of the state at
troversy amounts to three thousand dollars or as otherwise large at the general state election at the times and places at
determined by law, or a lesser sum in excess of the jurisdic- which state officers are elected, unless some other time be
tion granted to justices of the peace and other inferior courts, provided by the legislature. The first election of judges of the
and in all criminal cases amounting to felony, and in all cases supreme court shall be at the election which shall be held
of misdemeanor not otherwise provided for by law; of actions upon the adoption of this Constitution and the judges elected
of forcible entry and detainer; of proceedings in insolvency; thereat shall be classified by lot, so that two shall hold their
of actions to prevent or abate a nuisance; of all matters of pro- office for the term of three years, two for the term of five
bate, of divorce, and for annulment of marriage; and for such years, and one for the term of seven years. The lot shall be
special cases and proceedings as are not otherwise provided drawn by the judges who shall for that purpose assemble at
for. The superior court shall also have original jurisdiction in the seat of government, and they shall cause the result thereof
all cases and of all proceedings in which jurisdiction shall not to be certified to the secretary of state, and filed in his office.
have been by law vested exclusively in some other court; and The supreme court shall select a chief justice from its own
said court shall have the power of naturalization and to issue membership to serve for a four-year term at the pleasure of a
papers therefor. They shall have such appellate jurisdiction majority of the court as prescribed by supreme court rule.
in cases arising in justices’ and other inferior courts in their
The chief justice shall preside at all sessions of the supreme
respective counties as may be prescribed by law. They shall
court. In case of the absence of the chief justice, the majority
always be open, except on nonjudicial days, and their process
shall extend to all parts of the state. Said courts and their of the remaining court shall select one of their members to
judges shall have power to issue writs of mandamus, quo serve as acting chief justice. After the first election the terms
warranto, review, certiorari, prohibition, and writs of habeas of judges elected shall be six years from and after the second
corpus, on petition by or on behalf of any person in actual Monday in January next succeeding their election. If a
custody in their respective counties. Injunctions and writs of vacancy occur in the office of a judge of the supreme court
prohibition and of habeas corpus may be issued and served on the governor shall only appoint a person to ensure the number
legal holidays and nonjudicial days. [1993 House Joint Res- of judges as specified by the legislature, to hold the office
olution No. 4201, p 3063. Approved November 2, 1993.] until the election and qualification of a judge to fill the
Prior amendment of Art. 4 Section 6, see Amendments 28 and 65. vacancy, which election shall take place at the next succeed-
ing general election, and the judge so elected shall hold the
Amendment 88

AMENDMENT 88 office for the remainder of the unexpired term. The term of
office of the judges of the supreme court, first elected, shall
Art. 1 Section 11 RELIGIOUS FREEDOM. Absolute commence as soon as the state shall have been admitted into
freedom of conscience in all matters of religious sentiment, the Union, and continue for the term herein provided, and
belief and worship, shall be guaranteed to every individual, until their successors are elected and qualified. The sessions
and no one shall be molested or disturbed in person or prop- of the supreme court shall be held at the seat of government
erty on account of religion; but the liberty of conscience until otherwise provided by law. [1995 Substitute Senate
hereby secured shall not be so construed as to excuse acts of Joint Resolution No. 8210, p 2905. Approved November 7,
licentiousness or justify practices inconsistent with the peace 1995.]
[Page 80] (Rev. 12-10)
Constitution of the State of Washington Amendment 92

AMENDMENT 90 to refund any general obligation bonds of said district issued


Amendment 90

for capital purposes only, and to provide for the interest


Art. 7 Section 2 LIMITATION ON LEVIES. Except as thereon and amortization thereof by annual levies in excess
hereinafter provided and notwithstanding any other provision of the tax limitation provided for herein, And provided fur-
of this Constitution, the aggregate of all tax levies upon real ther, That the provisions of this section shall also be subject
and personal property by the state and all taxing districts now to the limitations contained in Article VIII, Section 6, of this
existing or hereafter created, shall not in any year exceed one Constitution;
percent of the true and fair value of such property in money: (c) By the state or any taxing district for the purpose of
Provided, however, That nothing herein shall prevent levies preventing the impairment of the obligation of a contract
at the rates now provided by law by or for any port or public when ordered so to do by a court of last resort. [1997 House
utility district. The term "taxing district" for the purposes of Joint Resolution No. 4208, p 3063. Approved November 4,
this section shall mean any political subdivision, municipal 1997.]
corporation, district, or other governmental agency autho- Prior amendment of Art. 7 Section 2, see Amendments 17, 55, 59, 64,
rized by law to levy, or have levied for it, ad valorem taxes on and 79.
property, other than a port or public utility district. Such Art. 7 Section 2 was later amended by Amendments 95 and 101.
aggregate limitation or any specific limitation imposed by
law in conformity therewith may be exceeded only as fol-
AMENDMENT 91
Amendment 91

lows:
(a) By any taxing district when specifically authorized so
Art. 8 Section 10 ENERGY, WATER, OR STORM-
to do by a majority of at least three-fifths of the voters of the
WATER OR SEWER SERVICES CONSERVATION
taxing district voting on the proposition to levy such addi-
ASSISTANCE. Notwithstanding the provisions of section 7
tional tax submitted not more than twelve months prior to the
of this Article, any county, city, town, quasi municipal corpo-
date on which the proposed levy is to be made and not oftener
ration, municipal corporation, or political subdivision of the
than twice in such twelve month period, either at a special
state which is engaged in the sale or distribution of water,
election or at the regular election of such taxing district, at
energy, or stormwater or sewer services may, as authorized
which election the number of voters voting "yes" on the prop-
by the legislature, use public moneys or credit derived from
osition shall constitute three-fifths of a number equal to forty
operating revenues from the sale of water, energy, or storm-
percent of the total number of voters voting in such taxing
water or sewer services to assist the owners of structures or
district at the last preceding general election when the num-
equipment in financing the acquisition and installation of
ber of voters voting on the proposition does not exceed forty
materials and equipment for the conservation or more effi-
percent of the total number of voters voting in such taxing
cient use of water, energy, or stormwater or sewer services in
district in the last preceding general election; or by a majority
such structures or equipment. Except as provided in section
of at least three-fifths of the voters of the taxing district vot-
7 of this Article, an appropriate charge back shall be made for
ing on the proposition to levy when the number of voters vot-
such extension of public moneys or credit and the same shall
ing on the proposition exceeds forty percent of the number of
be a lien against the structure benefited or a security interest
voters voting in such taxing district in the last preceding gen-
in the equipment benefited. Any financing for energy conser-
eral election: Provided, That notwithstanding any other pro-
vation authorized by this article shall only be used for conser-
vision of this Constitution, any proposition pursuant to this
vation purposes in existing structures and shall not be used
subsection to levy additional tax for the support of the com-
for any purpose which results in a conversion from one
mon schools may provide such support for a period of up to
energy source to another. [1997 House Joint Resolution No.
four years and any proposition to levy an additional tax to
4209, p 3065. Approved November 4, 1997.]
support the construction, modernization, or remodelling of
school facilities may provide such support for a period not Prior amendment of Art. 8 Section 10, see Amendments 70, 82, and 86.
exceeding six years;
(b) By any taxing district otherwise authorized by law to AMENDMENT 92
Amendment 92

issue general obligation bonds for capital purposes, for the


sole purpose of making the required payments of principal Art. 8 Section 1 STATE DEBT. (a) The state may con-
and interest on general obligation bonds issued solely for tract debt, the principal of which shall be paid and discharged
capital purposes, other than the replacement of equipment, within thirty years from the time of contracting thereof, in the
when authorized so to do by majority of at least three-fifths of manner set forth herein.
the voters of the taxing district voting on the proposition to (b) The aggregate debt contracted by the state shall not
issue such bonds and to pay the principal and interest thereon exceed that amount for which payments of principal and
by annual tax levies in excess of the limitation herein pro- interest in any fiscal year would require the state to expend
vided during the term of such bonds, submitted not oftener more than nine percent of the arithmetic mean of its general
than twice in any calendar year, at an election held in the state revenues for the three immediately preceding fiscal
manner provided by law for bond elections in such taxing dis- years as certified by the treasurer. The term "fiscal year"
trict, at which election the total number of voters voting on means that period of time commencing July 1 of any year and
the proposition shall constitute not less than forty percent of ending on June 30 of the following year.
the total number of voters voting in such taxing district at the (c) The term "general state revenues" when used in this
last preceding general election: Provided, That any such tax- section, shall include all state money received in the treasury
ing district shall have the right by vote of its governing body from each and every source whatsoever except: (1) Fees and
(Rev. 12-10) [Page 81]
Amendment 93 Constitution of the State of Washington

revenues derived from the ownership or operation of any enues from such sources to pay the principal and interest due
undertaking, facility, or project; (2) Moneys received as gifts, on all obligations for which said source of revenue is
grants, donations, aid, or assistance or otherwise from the pledged.
United States or any department, bureau, or corporation (h) No money shall be paid from funds in custody of the
thereof, or any person, firm, or corporation, public or private, treasurer with respect to any debt contracted after the effec-
when the terms and conditions of such gift, grant, donation, tive date of this amendment by the Washington state building
aid, or assistance require the application and disbursement of authority, the capitol committee, or any similar entity exist-
such moneys otherwise than for the general purposes of the ing or operating for similar purposes pursuant to which such
state of Washington; (3) Moneys to be paid into and received entity undertakes to finance or provide a facility for use or
from retirement system funds, and performance bonds and occupancy by the state or any agency, department, or instru-
deposits; (4) Moneys to be paid into and received from trust mentality thereof.
funds including but not limited to moneys received from (i) The legislature shall prescribe all matters relating to
taxes levied for specific purposes and the several permanent the contracting, funding or refunding of debt pursuant to this
and irreducible funds of the state and the moneys derived section, including: The purposes for which debt may be con-
therefrom but excluding bond redemption funds; (5) Pro- tracted; by a favorable vote of three-fifths of the members
ceeds received from the sale of bonds or other evidences of elected to each house, the amount of debt which may be con-
indebtedness. tracted for any class of such purposes; the kinds of notes,
(d) In computing the amount required for payment of bonds, or other evidences of debt which may be issued by the
principal and interest on outstanding debt under this section, state; and the manner by which the treasurer shall determine
debt shall be construed to mean borrowed money represented and advise the legislature, any appropriate agency, officer, or
by bonds, notes, or other evidences of indebtedness which are instrumentality of the state as to the available debt capacity
secured by the full faith and credit of the state or are required within the limitation set forth in this section. The legislature
to be repaid, directly or indirectly, from general state reve- may delegate to any state officer, agency, or instrumentality
nues and which are incurred by the state, any department, any of its powers relating to the contracting, funding or
authority, public corporation, or quasi public corporation of refunding of debt pursuant to this section except its power to
the state, any state university or college, or any other public determine the amount and purposes for which debt may be
agency created by the state but not by counties, cities, towns, contracted.
school districts, or other municipal corporations, but shall not (j) The full faith, credit, and taxing power of the state of
include obligations for the payment of current expenses of Washington are pledged to the payment of the debt created on
state government, nor shall it include debt hereafter incurred behalf of the state pursuant to this section and the legislature
pursuant to section 3 of this article, obligations guaranteed as shall provide by appropriation for the payment of the interest
provided for in subsection (g) of this section, principal of upon and installments of principal of all such debt as the
bond anticipation notes or obligations issued to fund or same falls due, but in any event, any court of record may
refund the indebtedness of the Washington state building compel such payment.
authority. (k) Notwithstanding the limitations contained in subsec-
(e) The state may pledge the full faith, credit, and taxing tion (b) of this section, the state may issue certificates of
power of the state to guarantee the voter approved general indebtedness in such sum or sums as may be necessary to
obligation debt of school districts in the manner authorized meet temporary deficiencies of the treasury, to preserve the
by the legislature. Any such guarantee does not remove the best interests of the state in the conduct of the various state
debt obligation of the school district and is not state debt. institutions, departments, bureaus, and agencies during each
(f) The state may, without limitation, fund or refund, at fiscal year; such certificates may be issued only to provide for
or prior to maturity, the whole or any part of any existing debt appropriations already made by the legislature and such cer-
or of any debt hereafter contracted pursuant to section 1, sec- tificates must be retired and the debt discharged other than by
tion 2, or section 3 of this article, including any premium pay- refunding within twelve months after the date of incurrence.
able with respect thereto and interest thereon, or fund or (l) Bonds, notes, or other obligations issued and sold by
refund, at or prior to maturity, the whole or any part of any the state of Washington pursuant to and in conformity with
indebtedness incurred or authorized prior to the effective date this article shall not be invalid for any irregularity or defect in
of this amendment by any entity of the type described in sub- the proceedings of the issuance or sale thereof and shall be
section (h) of this section, including any premium payable incontestable in the hands of a bona fide purchaser or holder
with respect thereto and any interest thereon. Such funding thereof. [1999 Senate Joint Resolution No. 8206, p 2387.
or refunding shall not be deemed to be contracting debt by the Approved November 2, 1999.]
state.
Prior amendment of Art. 8 Section 1, see Amendment 60.
(g) Notwithstanding the limitation contained in subsec-
tion (b) of this section, the state may pledge its full faith,
AMENDMENT 93
Amendment 93

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 Art. 29 Section 1 MAY BE INVESTED AS AUTHO-
fees for motor vehicles; (2) Excise taxes collected by the state RIZED BY LAW. Notwithstanding the provisions of sec-
on the sale, distribution or use of motor vehicle fuel; and (3) tions 5, and 7 of Article VIII and section 9 of Article XII or
Interest on the permanent common school fund: Provided, any other section or article of the Constitution of the state of
That the legislature shall, at all times, provide sufficient rev- Washington, the moneys of any public pension or retirement
[Page 82] (Rev. 12-10)
Constitution of the State of Washington Amendment 96

fund, industrial insurance trust fund, or fund held in trust for ber of voters voting on the proposition does not exceed forty
the benefit of persons with developmental disabilities may be percent of the total number of voters voting in such taxing
invested as authorized by law. [2000 Senate Joint Resolution district in the last preceding general election; or by a majority
No. 8214, p 1919. Approved November 7, 2000.] of at least three-fifths of the voters of the taxing district vot-
Prior amendment of Art. 29 Section 1, see Amendments 49 and 75. ing on the proposition to levy when the number of voters vot-
ing on the proposition exceeds forty percent of the number of
voters voting in such taxing district in the last preceding gen-
AMENDMENT 94
Amendment 94

eral election: Provided, That notwithstanding any other pro-


vision of this Constitution, any proposition pursuant to this
Art. 4 Section 7 EXCHANGE OF JUDGES - JUDGE subsection to levy additional tax for the support of the com-
PRO TEMPORE. The judge of any superior court may hold mon schools or fire protection districts may provide such
a superior court in any county at the request of the judge of support for a period of up to four years and any proposition to
the superior court thereof, and upon the request of the gover- levy an additional tax to support the construction, moderniza-
nor it shall be his or her duty to do so. A case in the superior tion, or remodelling of school facilities or fire facilities may
court may be tried by a judge pro tempore either with the provide such support for a period not exceeding six years;
agreement of the parties if the judge pro tempore is a member (b) By any taxing district otherwise authorized by law to
of the bar, is agreed upon in writing by the parties litigant or issue general obligation bonds for capital purposes, for the
their attorneys of record, and is approved by the court and sole purpose of making the required payments of principal
sworn to try the case; or without the agreement of the parties and interest on general obligation bonds issued solely for
if the judge pro tempore is a sitting elected judge and is acting capital purposes, other than the replacement of equipment,
as a judge pro tempore pursuant to supreme court rule. The when authorized so to do by majority of at least three-fifths of
supreme court rule must require assignments of judges pro the voters of the taxing district voting on the proposition to
tempore based on the judges’ experience and must provide issue such bonds and to pay the principal and interest thereon
for the right, exercisable once during a case, to a change of by annual tax levies in excess of the limitation herein pro-
judge pro tempore. Such right shall be in addition to any vided during the term of such bonds, submitted not oftener
other right provided by law. However, if a previously elected than twice in any calendar year, at an election held in the
judge of the superior court retires leaving a pending case in manner provided by law for bond elections in such taxing dis-
which the judge has made discretionary rulings, the judge is trict, at which election the total number of voters voting on
entitled to hear the pending case as a judge pro tempore with- the proposition shall constitute not less than forty percent of
out any written agreement. [2001 Engrossed Senate Joint the total number of voters voting in such taxing district at the
Resolution No. 8208, p 2327. Approved November 6, 2001.] last preceding general election: Provided, That any such tax-
ing district shall have the right by vote of its governing body
AMENDMENT 95 to refund any general obligation bonds of said district issued
Amendment 95

for capital purposes only, and to provide for the interest


Art. 7 Section 2 LIMITATION ON LEVIES. Except as thereon and amortization thereof by annual levies in excess
hereinafter provided and notwithstanding any other provision of the tax limitation provided for herein, And provided fur-
of this Constitution, the aggregate of all tax levies upon real ther, That the provisions of this section shall also be subject
and personal property by the state and all taxing districts now to the limitations contained in Article VIII, Section 6, of this
existing or hereafter created, shall not in any year exceed one Constitution;
percent of the true and fair value of such property in money: (c) By the state or any taxing district for the purpose of
Provided, however, That nothing herein shall prevent levies preventing the impairment of the obligation of a contract
at the rates now provided by law by or for any port or public when ordered so to do by a court of last resort. [2002 House
utility district. The term "taxing district" for the purposes of Joint Resolution No. 4220, p 2203. Approved November 5,
this section shall mean any political subdivision, municipal 2002.]
corporation, district, or other governmental agency autho- Prior amendment of Art. 7 Section 2, see Amendments 17, 55, 59, 64,
rized by law to levy, or have levied for it, ad valorem taxes on 79, and 90.
property, other than a port or public utility district. Such
aggregate limitation or any specific limitation imposed by Amendment 96

AMENDMENT 96
law in conformity therewith may be exceeded only as fol-
lows: Art. 2 Section 15 VACANCIES IN LEGISLATURE
(a) By any taxing district when specifically authorized so AND IN PARTISAN COUNTY ELECTIVE OFFICE. Such
to do by a majority of at least three-fifths of the voters of the vacancies as may occur in either house of the legislature or in
taxing district voting on the proposition to levy such addi- any partisan county elective office shall be filled by appoint-
tional tax submitted not more than twelve months prior to the ment by the county legislative authority of the county in
date on which the proposed levy is to be made and not oftener which the vacancy occurs: Provided, That the person
than twice in such twelve month period, either at a special appointed to fill the vacancy must be from the same legisla-
election or at the regular election of such taxing district, at tive district, county, or county commissioner or council dis-
which election the number of voters voting "yes" on the prop- trict and the same political party as the legislator or partisan
osition shall constitute three-fifths of a number equal to forty county elective officer whose office has been vacated, and
percent of the total number of voters voting in such taxing shall be one of three persons who shall be nominated by the
district at the last preceding general election when the num- county central committee of that party, and in case a majority
(Rev. 12-10) [Page 83]
Amendment 97 Constitution of the State of Washington

of the members of the county legislative authority do not that the judge or justice suffers from a disability which is per-
agree upon the appointment within sixty days after the manent or likely to become permanent and which seriously
vacancy occurs, the governor shall within thirty days thereaf- interferes with the performance of judicial duties, the com-
ter, and from the list of nominees provided for herein, appoint mission shall conduct a public hearing or hearings and shall
a person who shall be from the same legislative district, make public all those records of the initial proceeding that
county, or county commissioner or council district and of the provide the basis for its conclusion. If the commission con-
same political party as the legislator or partisan county elec- cludes that there is not probable cause, it shall notify the
tive officer whose office has been vacated, and the person so judge or justice of its conclusion.
appointed shall hold office until his or her successor is (4) Upon the completion of the hearing or hearings, the
elected at the next general election, and has qualified: Pro- commission in open session shall either dismiss the case, or
vided, That in case of a vacancy occurring after the general shall admonish, reprimand, or censure the judge or justice, or
election in a year that the office appears on the ballot and shall censure the judge or justice and recommend to the
before the start of the next term, the term of the successor supreme court the suspension or removal of the judge or jus-
who is of the same party as the incumbent may commence tice, or shall recommend to the supreme court the retirement
once he or she has qualified and shall continue through the of the judge or justice. The commission may not recommend
term for which he or she was elected: Provided, That in case suspension or removal unless it censures the judge or justice
of a vacancy occurring in the office of joint senator, or joint for the violation serving as the basis for the recommendation.
representative, the vacancy shall be filled from a list of three The commission may recommend retirement of a judge or
nominees selected by the state central committee, by appoint- justice for a disability which is permanent or likely to become
ment by the joint action of the boards of county legislative permanent and which seriously interferes with the perfor-
authorities of the counties composing the joint senatorial or mance of judicial duties.
joint representative district, the person appointed to fill the (5) Upon the recommendation of the commission, the
vacancy must be from the same legislative district and of the supreme court may suspend, remove, or retire a judge or jus-
same political party as the legislator whose office has been tice. The office of a judge or justice retired or removed by the
vacated, and in case a majority of the members of the county supreme court becomes vacant, and that person is ineligible
legislative authority do not agree upon the appointment for judicial office until eligibility is reinstated by the supreme
within sixty days after the vacancy occurs, the governor shall court. The salary of a removed judge or justice shall cease.
within thirty days thereafter, and from the list of nominees The supreme court shall specify the effect upon salary when
provided for herein, appoint a person who shall be from the it suspends a judge or justice. The supreme court may not
same legislative district and of the same political party as the suspend, remove, or retire a judge or justice until the commis-
legislator whose office has been vacated. [2003 House Joint sion, after notice and hearing, recommends that action be
Resolution No. 4206, p 2819. Approved November 4, 2003.] taken, and the supreme court conducts a hearing, after notice,
Prior amendment of Art. 2 Section 15, see Amendments 13, 32, and 52. to review commission proceedings and findings against the
judge or justice.
(6) Within thirty days after the commission admonishes,
AMENDMENT 97
Amendment 97

reprimands, or censures a judge or justice, the judge or justice


shall have a right of appeal de novo to the supreme court.
Art. 4 Section 31 COMMISSION ON JUDICIAL CON- (7) Any matter before the commission or supreme court
DUCT. (1) There shall be a commission on judicial conduct, may be disposed of by a stipulation entered into in a public
existing as an independent agency of the judicial branch, and proceeding. The stipulation shall be signed by the judge or
consisting of a judge selected by and from the court of justice and the commission or court. The stipulation may
appeals judges, a judge selected by and from the superior impose any terms and conditions deemed appropriate by the
court judges, a judge selected by and from the limited juris- commission or court. A stipulation shall set forth all material
diction court judges, two persons admitted to the practice of facts relating to the proceeding and the conduct of the judge
law in this state selected by the state bar association, and six or justice.
persons who are not attorneys appointed by the governor. (8) Whenever the commission adopts a recommendation
(2) Whenever the commission receives a complaint that a judge or justice be removed, the judge or justice shall
against a judge or justice, or otherwise has reason to believe be suspended immediately, with salary, from his or her judi-
that a judge or justice should be admonished, reprimanded, cial position until a final determination is made by the
censured, suspended, removed, or retired, the commission supreme court.
shall first investigate the complaint or belief and then conduct (9) The legislature shall provide for commissioners’
initial proceedings for the purpose of determining whether terms of office and compensation. The commission shall
probable cause exists for conducting a public hearing or hear- employ one or more investigative officers with appropriate
ings to deal with the complaint or belief. The investigation professional training and experience. The investigative offic-
and initial proceedings shall be confidential. Upon beginning ers of the commission shall report directly to the commission.
an initial proceeding, the commission shall notify the judge The commission shall also employ such administrative or
or justice of the existence of and basis for the initial proceed- other staff as are necessary to manage the affairs of the com-
ing. mission.
(3) Whenever the commission concludes, based on an (10) The commission shall, to the extent that compliance
initial proceeding, that there is probable cause to believe that does not conflict with this section, comply with laws of gen-
a judge or justice has violated a rule of judicial conduct or eral applicability to state agencies with respect to rule-mak-
[Page 84] (Rev. 12-10)
Constitution of the State of Washington Amendment 101

ing procedures, and with respect to public notice of and atten- laration, by a favorable vote of a majority of the members
dance at commission proceedings other than initial proceed- elected to each house of the legislature.
ings. The commission shall establish rules of procedure for (ii) If the employment growth forecast for any fiscal year
commission proceedings including due process and confi- is estimated to be less than one percent, then for that fiscal
dentiality of proceedings. [2005 Senate Joint Resolution No. year moneys may be withdrawn and appropriated from the
8207, pp 2799, 2800. Approved November 8, 2005.] budget stabilization account by the favorable vote of a major-
Prior amendment of Art. 4 Section 31, see Amendments 85, 77, and 71. ity 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
AMENDMENT 98
Amendment 98

favorable vote of at least three-fifths of the members of each


house of the legislature.
Art. 7 Section 1 TAXATION. The power of taxation (e) Amounts in the budget stabilization account may be
shall never be suspended, surrendered or contracted away. invested as provided by law and retained in that account.
All taxes shall be uniform upon the same class of property When the balance in the budget stabilization account, includ-
within the territorial limits of the authority levying the tax ing investment earnings, equals more than ten percent of the
and shall be levied and collected for public purposes only. estimated general state revenues in that fiscal year, the legis-
The word "property" as used herein shall mean and include lature by the favorable vote of a majority of the members
everything, whether tangible or intangible, subject to owner- elected to each house of the legislature may withdraw and
ship. All real estate shall constitute one class: Provided, That appropriate the balance to the extent that the balance exceeds
the legislature may tax mines and mineral resources and ten percent of the estimated general state revenues. Appro-
lands devoted to reforestation by either a yield tax or an ad priations under this subsection (e) may be made solely for
valorem tax at such rate as it may fix, or by both. Such prop- deposit to the education construction fund.
erty as the legislature may by general laws provide shall be (f) As used in this section, "general state revenues" has
exempt from taxation. Property of the United States and of the meaning set forth in Article VIII, section 1 of the Consti-
the state, counties, school districts and other municipal cor- tution. Forecasts and estimates shall be made by the state
porations, and credits secured by property actually taxed in economic and revenue forecast council appointed and autho-
this state, not exceeding in value the value of such property, rized as provided by statute, or successor entity.
shall be exempt from taxation. The legislature shall have (g) The legislature shall enact appropriate laws to carry
power, by appropriate legislation, to exempt personal prop- out the purposes of this section.
erty to the amount of fifteen thousand ($15,000.00) dollars (h) This section takes effect July 1, 2008. [2007
for each head of a family liable to assessment and taxation Engrossed Substitute Senate Joint Resolution No. 8206, pp
under the provisions of the laws of this state of which the 3146, 3147. Approved November 6, 2007.]
individual is the actual bona fide owner. [2006 House Joint
Resolution No. 4223, p 2117. Approved November 7, 2006.] Amendment 100

AMENDMENT 100
Prior amendment of Art. 7 Section 1, see Amendments 14 and 81.
Art. 2 Section 29 CONVICT LABOR. The labor of
inmates of this state shall not be let out by contract to any per-
AMENDMENT 99
Amendment 99

son, copartnership, company, or corporation, except as pro-


vided by statute, and the legislature shall by law provide for
Article 7 was amended by adding the following section: the working of inmates for the benefit of the state, including
Art. 7 Section 12 BUDGET STABILIZATION the working of inmates in state-run inmate labor programs.
ACCOUNT. (a) A budget stabilization account shall be Inmate labor programs provided by statute that are operated
established and maintained in the state treasury. and managed, in total or in part, by any profit or nonprofit
(b) By June 30th of each fiscal year, an amount equal to entities shall be operated so that the programs do not unfairly
one percent of the general state revenues for that fiscal year compete with Washington businesses as determined by law.
shall be transferred to the budget stabilization account. Noth- [2007 Senate Joint Resolution No. 8212, p 3143. Approved
ing in this subsection (b) shall prevent the appropriation of November 6, 2007.]
additional amounts to the budget stabilization account.
(c) Each fiscal quarter, the state economic and revenue Amendment 101

AMENDMENT 101
forecast council appointed and authorized as provided by
statute, or successor entity, shall estimate state employment Art. 7 Section 2 LIMITATION ON LEVIES. Except as
growth for the current and next two fiscal years. hereinafter provided and notwithstanding any other provision
(d) Moneys may be withdrawn and appropriated from of this Constitution, the aggregate of all tax levies upon real
the budget stabilization account as follows: and personal property by the state and all taxing districts now
(i) If the governor declares a state of emergency resulting existing or hereafter created, shall not in any year exceed one
from a catastrophic event that necessitates government action percent of the true and fair value of such property in money.
to protect life or public safety, then for that fiscal year mon- Nothing herein shall prevent levies at the rates now provided
eys may be withdrawn and appropriated from the budget sta- by law by or for any port or public utility district. The term
bilization account, via separate legislation setting forth the "taxing district" for the purposes of this section shall mean
nature of the emergency and containing an appropriation lim- any political subdivision, municipal corporation, district, or
ited to the above-authorized purposes as contained in the dec- other governmental agency authorized by law to levy, or have
(Rev. 12-10) [Page 85]
Amendment 102 Constitution of the State of Washington

levied for it, ad valorem taxes on property, other than a port Engrossed House Joint Resolution No. 4204, pp 3143-3145.
or public utility district. Such aggregate limitation or any Approved November 6, 2007.]
specific limitation imposed by law in conformity therewith
may be exceeded only as follows: Amendment 102

AMENDMENT 102
(a) By any taxing district when specifically authorized so
to do by a majority of at least three-fifths of the voters of the Article 16 was amended by adding the following section:
taxing district voting on the proposition to levy such addi- Art. 16 Section 6 INVESTMENT OF HIGHER EDU-
tional tax submitted not more than twelve months prior to the CATION PERMANENT FUNDS. Notwithstanding the pro-
date on which the proposed initial levy is to be made and not visions of Article VIII, sections 5 and 7 and Article XII, sec-
oftener than twice in such twelve month period, either at a tion 9, or any other section or article of the Constitution of the
special election or at the regular election of such taxing dis- state of Washington, the moneys of the permanent funds
trict, at which election the number of voters voting "yes" on established for any of the institutions of higher education in
the proposition shall constitute three-fifths of a number equal this state may be invested as authorized by law. Without lim-
to forty percent of the total number of voters voting in such itation, this shall include the authority to invest permanent
taxing district at the last preceding general election when the funds held for the benefit of institutions of higher education
number of voters voting on the proposition does not exceed in stocks or bonds issued by any association, company, or
forty percent of the total number of voters voting in such tax- corporation if authorized by law. [2007 Substitute House
ing district in the last preceding general election; or by a Joint Resolution No. 4215, p 3145. Approved November 6,
majority of at least three-fifths of the voters of the taxing dis- 2007.]
trict voting on the proposition to levy when the number of
voters voting on the proposition exceeds forty percent of the Amendment 103

AMENDMENT 103
number of voters voting in such taxing district in the last pre-
ceding general election. Notwithstanding any other provi- Art. 8 Section 1 STATE DEBT. (a) The state may con-
sion of this Constitution, any proposition pursuant to this sub- tract debt, the principal of which shall be paid and discharged
section to levy additional tax for the support of the common within thirty years from the time of contracting thereof, in the
schools or fire protection districts may provide such support manner set forth herein.
for a period of up to four years and any proposition to levy an (b) The aggregate debt contracted by the state shall not
additional tax to support the construction, modernization, or exceed that amount for which payments of principal and
remodelling of school facilities or fire facilities may provide interest in any fiscal year would require the state to expend
such support for a period not exceeding six years. Notwith- more than nine percent of the arithmetic mean of its general
standing any other provision of this subsection, a proposition state revenues for the three immediately preceding fiscal
under this subsection to levy an additional tax for a school years as certified by the treasurer. The term "fiscal year"
district shall be authorized by a majority of the voters voting means that period of time commencing July 1 of any year and
on the proposition, regardless of the number of voters voting ending on June 30 of the following year.
on the proposition; (c) The term "general state revenues" when used in this
(b) By any taxing district otherwise authorized by law to section, shall include all state money received in the treasury
issue general obligation bonds for capital purposes, for the from each and every source whatsoever except: (1) Fees and
sole purpose of making the required payments of principal revenues derived from the ownership or operation of any
and interest on general obligation bonds issued solely for undertaking, facility, or project; (2) Moneys received as gifts,
capital purposes, other than the replacement of equipment, grants, donations, aid, or assistance or otherwise from the
when authorized so to do by majority of at least three-fifths of United States or any department, bureau, or corporation
the voters of the taxing district voting on the proposition to thereof, or any person, firm, or corporation, public or private,
issue such bonds and to pay the principal and interest thereon when the terms and conditions of such gift, grant, donation,
by annual tax levies in excess of the limitation herein pro- aid, or assistance require the application and disbursement of
vided during the term of such bonds, submitted not oftener such moneys otherwise than for the general purposes of the
than twice in any calendar year, at an election held in the state of Washington; (3) Moneys to be paid into and received
manner provided by law for bond elections in such taxing dis- from retirement system funds, and performance bonds and
trict, at which election the total number of voters voting on deposits; (4) Moneys to be paid into and received from trust
the proposition shall constitute not less than forty percent of funds including but not limited to moneys received from
the total number of voters voting in such taxing district at the taxes levied for specific purposes and the several permanent
last preceding general election. Any such taxing district shall and irreducible funds of the state and the moneys derived
have the right by vote of its governing body to refund any therefrom but excluding bond redemption funds; (5) Pro-
general obligation bonds of said district issued for capital ceeds received from the sale of bonds or other evidences of
purposes only, and to provide for the interest thereon and indebtedness.
amortization thereof by annual levies in excess of the tax lim- (d) In computing the amount required for payment of
itation provided for herein. The provisions of this section principal and interest on outstanding debt under this section,
shall also be subject to the limitations contained in Article debt shall be construed to mean borrowed money represented
VIII, Section 6, of this Constitution; by bonds, notes, or other evidences of indebtedness which are
(c) By the state or any taxing district for the purpose of secured by the full faith and credit of the state or are required
preventing the impairment of the obligation of a contract to be repaid, directly or indirectly, from general state reve-
when ordered so to do by a court of last resort. [2007 nues and which are incurred by the state, any department,
[Page 86] (Rev. 12-10)
Index to State Constitution Index

authority, public corporation, or quasi public corporation of state; and the manner by which the treasurer shall determine
the state, any state university or college, or any other public and advise the legislature, any appropriate agency, officer, or
agency created by the state but not by counties, cities, towns, instrumentality of the state as to the available debt capacity
school districts, or other municipal corporations, but shall not within the limitation set forth in this section. The legislature
include obligations for the payment of current expenses of may delegate to any state officer, agency, or instrumentality
state government, nor shall it include debt hereafter incurred any of its powers relating to the contracting, funding or
pursuant to section 3 of this article, obligations guaranteed as refunding of debt pursuant to this section except its power to
provided for in subsection (g) of this section, principal of determine the amount and purposes for which debt may be
bond anticipation notes or obligations issued to fund or contracted.
refund the indebtedness of the Washington state building (j) The full faith, credit, and taxing power of the state of
authority. In addition, for the purpose of computing the Washington are pledged to the payment of the debt created on
amount required for payment of interest on outstanding debt behalf of the state pursuant to this section and the legislature
under subsection (b) of this section and this subsection, shall provide by appropriation for the payment of the interest
"interest" shall be reduced by subtracting the amount sched- upon and installments of principal of all such debt as the
uled to be received by the state as payments from the federal same falls due, but in any event, any court of record may
government in each year in respect of bonds, notes, or other compel such payment.
evidences of indebtedness subject to this section. (k) Notwithstanding the limitations contained in subsec-
(e) The state may pledge the full faith, credit, and taxing tion (b) of this section, the state may issue certificates of
power of the state to guarantee the voter approved general indebtedness in such sum or sums as may be necessary to
obligation debt of school districts in the manner authorized meet temporary deficiencies of the treasury, to preserve the
by the legislature. Any such guarantee does not remove the best interests of the state in the conduct of the various state
debt obligation of the school district and is not state debt. institutions, departments, bureaus, and agencies during each
(f) The state may, without limitation, fund or refund, at fiscal year; such certificates may be issued only to provide for
or prior to maturity, the whole or any part of any existing debt appropriations already made by the legislature and such cer-
or of any debt hereafter contracted pursuant to section 1, sec- tificates must be retired and the debt discharged other than by
tion 2, or section 3 of this article, including any premium pay- refunding within twelve months after the date of incurrence.
able with respect thereto and interest thereon, or fund or (l) Bonds, notes, or other obligations issued and sold by
refund, at or prior to maturity, the whole or any part of any the state of Washington pursuant to and in conformity with
indebtedness incurred or authorized prior to the effective date this article shall not be invalid for any irregularity or defect in
of this amendment by any entity of the type described in sub- the proceedings of the issuance or sale thereof and shall be
section (h) of this section, including any premium payable incontestable in the hands of a bona fide purchaser or holder
with respect thereto and any interest thereon. Such funding thereof. [2010 Senate Joint Resolution No. 8225, p 3129-
or refunding shall not be deemed to be contracting debt by the 3132. Approved November 2, 2010.]
state.
Prior amendment of Art. 8 Section 1, see Amendments 60 and 92.
(g) Notwithstanding the limitation contained in subsec-
tion (b) of this section, the state may pledge its full faith,
AMENDMENT 104
Amendment 104

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 Art. 1 Section 20 BAIL, WHEN AUTHORIZED. All
fees for motor vehicles; (2) Excise taxes collected by the state persons charged with crime shall be bailable by sufficient
on the sale, distribution or use of motor vehicle fuel; and (3) sureties, except for capital offenses when the proof is evident,
Interest on the permanent common school fund: Provided, or the presumption great. Bail may be denied for offenses
That the legislature shall, at all times, provide sufficient rev- punishable by the possibility of life in prison upon a showing
enues from such sources to pay the principal and interest due by clear and convincing evidence of a propensity for violence
on all obligations for which said source of revenue is that creates a substantial likelihood of danger to the commu-
pledged. nity or any persons, subject to such limitations as shall be
(h) No money shall be paid from funds in custody of the determined by the legislature. [2010 Engrossed Substitute
treasurer with respect to any debt contracted after the effec- House Joint Resolution No. 4220, p 3129. Approved
tive date of this amendment by the Washington state building November 2, 2010.]
authority, the capitol committee, or any similar entity exist-
(C) INDEX TO STATE CONSTITUTION
Index

ing or operating for similar purposes pursuant to which such


entity undertakes to finance or provide a facility for use or Art. Sec.
occupancy by the state or any agency, department, or instru- Absconding debtors
mentality thereof. Imprisonment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 17
(i) The legislature shall prescribe all matters relating to
Absence
the contracting, funding or refunding of debt pursuant to this Of citizen not affecting residence, for purpose of
section, including: The purposes for which debt may be con- voting and eligibility to office . . . . . . . . . . . . 6 4
tracted; by a favorable vote of three-fifths of the members Of judicial officer . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8
elected to each house, the amount of debt which may be con-
Acceptance
tracted for any class of such purposes; the kinds of notes, Of certain federal or foreign offices vacates seat in
bonds, or other evidences of debt which may be issued by the legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 14
(Rev. 12-10) [Page 87]
Index Constitution of the State of Washington

Accused Publication of notice of election . . . . . . . . . . . . . . . 23 1


Rights in criminal prosecutions . . . . . . . . . . . . . . . 1 22 Ratification by electors . . . . . . . . . . . . . . . . . . . . . . 23 1
Rights of, on removal from office by legislature . . 4 9 Revised Constitution, adoption by people. . . . . . . . 23 3
Separate amendments to be separately voted on . . . 23 1
Actions Vote proposing amendment or revision, two-thirds
Against the state . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 26 of each house necessary . . . . . . . . . . . . . . . . . 23 1,2
By and against corporations. . . . . . . . . . . . . . . . . . 12 5
Not affected by change in government . . . . . . . . . 27 1 Amendments to Constitution: Ratified
Transfer from territorial to state court . . . . . . . . . . 27 5,8,10 (1) In order of amendments:

Acts Amendment
Effective date (Stricken by Amendment 7). . . . . . 2 31 No. 1 to art 16 sec 5
Effective date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1,41 No. 2 to art 6 sec 1
Enacting clause . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 18 No. 3 to art 7 sec 2
Not to be amended unless set forth in full . . . . . . . 2 37 No. 4 to art 1 sec 11
Presentation to governor necessary . . . . . . . . . . . . 3 12 No. 5 to art 6 sec 1
When effective without approval . . . . . . . . . . . . . . 3 12 6 sec 2 (deleted)
Veto, passage over . . . . . . . . . . . . . . . . . . . . . . . . . 3 12 No. 6 to art 3 sec 10
(See Bill; Laws; Statutes; Veto) No. 7 to art 2 sec 1
2 sec 31 (deleted)
Adjournment of legislature No. 8 to art 1 sec 33 (added)
For want of quorum . . . . . . . . . . . . . . . . . . . . . . . . 2 8 1 sec 34 (added)
Governmental continuity during emergency peri- No. 9 to art 1 sec 16
ods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 42 No. 10 to art 1 sec 22
Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 11 No. 11 to art 8 sec 4
No. 12 to art 11 sec 5
Adoption of children No. 13 to art 2 sec 15
By special act forbidden. . . . . . . . . . . . . . . . . . . . . 2 28(16) No. 14 to art 7 sec 1
7 sec 2,3,4 (deleted)
Au valorem tax No. 15 to art 15 sec 1
Authority to levy on mines and reforested lands . . 7 1 No. 16 to art 12 sec 11
No. 17 to art 7 sec 2
Advances of money or fees No. 18 to art 2 sec 40 (added)
Prohibited to secure rights of accused . . . . . . . . . . 1 22 No. 19 to art 7 sec 3 (new)
No. 20 to art 2 sec 23 (part repeal)
Advice and consent of senate 3 sec 14, 16, 17, 19,20,21,22 (part repeal)
Required for appointment of officers of state insti- 28 sec 1 (added)
tutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 31 No. 21 to art 11 sec 4
No. 22 to art 11 sec 7 (repealed)
Affirmation No. 23 to art 11 sec 16 (added)
Mode of administering . . . . . . . . . . . . . . . . . . . . . . 1 6 No. 24 to art 2 sec 33
No. 25 to art 4 sec 3(a) (added)
Age No. 26 to art 2 sec 1(c) (superseded)
Of voter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1 sec 41 (added)
No. 27 to art 8 sec 6
Agricultural lands No. 28 to art 4 sec 6
Taxation based on actual use . . . . . . . . . . . . . . . . . 7 11 4 sec 10
No. 29 to art 2 sec 33
Agriculture No. 30 to art 2 sec 1(a) (added)
Bureau of, established . . . . . . . . . . . . . . . . . . . . . . 2 34 No. 31 to art 3 sec 25
Commodity assessments . . . . . . . . . . . . . . . . . . . . 8 11 No. 32 to art 2 sec 15
Development and trade promotion, funds for . . . . 8 11 No. 33 to art 24 sec 1
No. 34 to art 1 sec 11
Alienation of franchise No. 35 to art 2 sec 25
Corporate liabilities not relieved by. . . . . . . . . . . . 12 8 No. 36 to art 2 sec 1(e) (added)
No. 37 to art 23 sec 1
Aliens No. 38 to art 4 sec 2(a) (added)
Corporation alien (Repealed by Amendment 42) . 2 33 No. 39 to art 2 sec 42 (added)
Naturalization of, by superior court . . . . . . . 4 6 No. 40 to art 11 sec 10
Ownership of lands prohibited, exceptions No. 41 to art 4 sec 29 (added)
(Repealed by Amendment 42) . . . . . . . . . . . 2 33 No. 42 to art 2 sec 33 (repealed)
No. 43 to art 9 sec 3
Amendment to bills No. 44 to art 16 sec 5
Act or section amended to be set forth in full . . . . 2 37 No. 45 to art 8 sec 8 (added)
Either house may amend bills of the other. . . . . . . 2 20 No. 46 to art 6 sec 1A (added)
Initiative measure, prohibition against amendment No. 47 to art 7 sec 10 (added)
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 41 No. 48 to art 8 sec 3
Scope and object not to be changed . . . . . . . . . . . . 2 38 No. 49 to art 29 sec 1 (added)
No. 50 to art 4 sec 30 (added)
Amendment to municipal charter No. 51 to art 8 sec 9 (added)
By special act forbidden. . . . . . . . . . . . . . . . . . . . . 2 28(8) No. 52 to art 2 sec 15
How proposed, submitted and adopted . . . . . . . . . 11 10 11 sec 6
No. 53 to art 7 sec 11 (added)
Amendment to Constitution No. 54 to art 2 sec 25 (part repeal)
By convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2 3 sec 25 (part repeal)
Proposal for, may originate in either house . . . . . . 23 1 4 sec 13 (part repeal)

[Page 88] (Rev. 12-10)


Index to State Constitution Index

11 sec 8 (part repeal) sec 1(a)—(added) No. 30


28 sec 1 (part repeal) sec 1(a)—(stricken) No. 72
30 sec 1 (added) sec 3—(repealed) No. 74
No. 55 to art 7 sec 2 sec 11(c)—(supersed.) No. 26
No. 56 to art 2 sec 24 sec 12—Amendment No. 68
No. 57 to art 11 sec 5 sec 13—Amendment No. 69
11 sec 8 sec 15—Amendment No. 13
No. 58 to art 11 sec 16 sec 15—Amendment No. 32
No. 59 to art 7 sec 2 sec 15—Amendment No. 52
No. 60 to art 8 sec 1 sec 15—Amendment No. 96
8 sec 3 sec 23—(part rep.) No. 20
No. 61 to art 31 sec 1 (added) sec 24—Amendment No. 56
31 sec 2 (added) sec 25—Amendment No. 35
No. 62 to art 3 sec 12 sec 25—(part rep.) No. 54
No. 63 to art 6 sec 1 sec 29—Amendment No. 100
No. 64 to art 7 sec 2 sec 31—(deleted) No. 7
No. 65 to art 4 sec 6 sec 33—Amendment No. 24
4 sec 10 sec 33—Amendment No. 29
No. 66 to art 12 sec 18 sec 33—(repealed) No. 42
No. 67 to art 12 sec 14 (repealed) sec 40—(added) No. 18
No. 68 to art 2 sec 12 sec 41—(added) No. 26
No. 69 to art 2 sec 13 sec 42—(added) No. 39
No. 70 to art 8 sec 10 (added) sec 43—(added) No. 74
No. 71 to art 4 sec 31 (added) Art 3 sec 10—Amendment No. 6
No. 72 to art 2 sec 1 sec 12—Amendment No. 62
2 sec 1(a) (stricken) sec 14
No. 73 to art 32 sec 1 (added) sec 16
No. 74 to art 2 sec 3 (repealed) sec 17
2 sec 43 (added) sec 19—Amendment No. 20
27 sec 13 (repealed)
sec 20 (part rep.)
No. 75 to art 29 sec 1
No. 76 to art 8 sec 11 (added) sec 21
No. 77 to art 4 sec 31 sec 22
No. 78 to art 28 sec 1 sec 25—Amendment No. 31
No. 79 to art 7 sec 2 sec 25—(part rep.) No. 54
No. 80 to art 4 sec 7 Art 4 sec 2(a)—(added) No. 38
No. 81 to art 7 sec 1 sec 3—Amendment No. 89
No. 82 to art 8 sec 10 sec 3(a)—(added) No. 25
No. 83 to art 6 sec 3 sec 6—Amendment No. 28
13 sec 1 sec 6—Amendment No. 65
No. 84 to art 1 sec 35 (added) sec 6—Amendment No. 87
No. 85 to art 4 sec 31 sec 7—Amendment No. 80
No. 86 to art 8 sec 10 sec 7—Amendment No. 94
No. 87 to art 4 sec 6 sec 10—Amendment No. 28
No. 88 to art 1 sec 11 sec 10—Amendment No. 65
No. 89 to art 4 sec 3 sec 13—(part rep.) No. 54
No. 90 to art 7 sec 2 sec 29—(added) No. 41
No. 91 to art 8 sec 10 sec 30—(added) No. 50
No. 92 to art 8 sec 1 sec 31—(added) No. 71
No. 93 to art 29 sec 1 sec 31—Amendment No. 77
No. 94 to art 4 sec 7 sec 31—Amendment No. 85
No. 95 to art 7 sec 2 sec 31—Amendment No. 97
No. 96 to art 2 sec 15 Art 6 sec 1—Amendment No. 2
No. 97 to art 4 sec 31 sec 1—Amendment No. 5
No. 98 to art 7 sec 1 sec 1—Amendment No. 63
No. 99 to art 7 sec 12 sec 1A—(added) No. 46
No. 100 to art 2 sec 29 sec 2—(deleted) No. 5
No. 101 to art 7 sec 2 sec 3—Amendment No. 83
No. 102 to art 16 sec 6 Art 7 sec 1—Amendment No. 14
No. 103 to art 8 sec 1 sec 1—Amendment No. 81
No. 104 to art 1 sec 20 sec 1—Amendment No. 98
sec 2—(original) No. 3
(2) In order of articles and sections affected: sec 2—Amendment No. 17
sec 2—Amendment No. 55
Art 1 sec 11—Amendment No. 4 sec 2—Amendment No. 59
sec 11—Amendment No. 34 sec 2—Amendment No. 64
sec 11—Amendment No. 88 sec 2—Amendment No. 79
sec 16—Amendment No. 9 sec 2—Amendment No. 90
sec 20—Amendment No. 104 sec 2—Amendment No. 95
sec 22—Amendment No. 10 sec 2—Amendment No. 101
sec 33—(added) No. 8 sec 3—(new) No. 19
sec 34—(added) No. 8 sec 10—(added) No. 47
sec 35—(added) No. 84 sec 11—(added) No. 53
Art 2 sec 1—Amendment No. 7 sec 12—(added) No. 99
sec 1(e)—(added) No. 36 Art 8 sec 1—Amendment No. 60
sec 1—Amendment No. 72 sec 1—Amendment No. 92

(Rev. 12-10) [Page 89]


Index Constitution of the State of Washington

sec 1—Amendment No. 103 Amendment 71 amended by Amendments 77 and 85


sec 3—Amendment No. 48 Amendment 75 amended by Amendment 93
sec 3—Amendment No. 60 Amendment 77 amended by Amendment 85
sec 4—Amendment No. 11 Amendment 79 amended by Amendments 90, 95, and 101
sec 6—Amendment No. 27 Amendment 80 amended by Amendment 94
sec 8—(added) No. 45 Amendment 81 amended by Amendment 98
sec 9—(added) No. 51 Amendment 82 amended by Amendment 86
sec 10—(added) No. 70 Amendment 86 amended by Amendment 91
sec 10—Amendment No. 82 Amendment 90 amended by Amendments 95 and 101
sec 10—Amendment No. 86 Amendment 92 amended by Amendment 103
sec 10—Amendment No. 91
sec 11—(added) No. 76 Amount in controversy
Art 9 sec 3—Amendment No. 43 Appellate jurisdiction of supreme court . . . . . . . . . 4 4
Art 11 sec 4—Amendment No. 21 Original jurisdiction of superior court. . . . . . . . . . . 4 6
sec 5—Amendment No. 12
sec 5—Amendment No. 57 Annual sessions of legislature 2 12
sec 6—Amendment No. 52
sec 7—(repealed) No. 22 Annulment of marriage
sec 8—(part rep.) No. 54 Appellate jurisdiction of supreme court . . . . . . . . . 4 4
sec 8—Amendment No. 57 Original jurisdiction of superior court. . . . . . . . . . . 4 6
sec 10—Amendment No. 40 (See Divorce)
sec 10—Amendment No. 91
sec 16—(added) No. 23 Appeal
sec 16—Amendment No. 58 Right of accused in criminal cases . . . . . . . . . . . . . 1 22
Art 12 sec 11—Amendment No. 16 (See Appellate jurisdiction)
sec 14—(repealed) No. 67
sec 18—Amendment No. 66 Appearance
Art 13 sec 1—Amendment No. 83 Appearance of accused in criminal cases . . . . . . . . 1 22
Art 15 sec 1—Amendment No. 15
Art 16 sec 5—Amendment No. 1 Appellate jurisdiction
sec 5—Amendment No. 44 Of court of appeals . . . . . . . . . . . . . . . . . . . . . . . . . 4 30
sec 6—(added) No. 102 Of superior court . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6
Art 23 sec 1—Amendment No. 37 From territorial probate courts . . . . . . . . . . . . 27 10
Art 24 sec 1—Amendment No. 33 Of supreme court . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4
Art 27 sec 13—(repealed) No. 74
Art 28 sec 1—(added) No. 20 Appointment
sec 1—(part rep.) No. 54 Of clerk of supreme court . . . . . . . . . . . . . . . . . . . . 4 22
sec 1—Amendment No. 78 Of regents of state institutions. . . . . . . . . . . . . . . . . 13 1
Art 29 sec 1—(added) No. 49 Of reporter of supreme court . . . . . . . . . . . . . . . . . . 4 18
sec 1—Amendment No. 75 To fill vacancy in county offices . . . . . . . . . . . . . . . 11 6
sec 1—Amendment No. 93 To fill vacancy in state offices, by governor . . . . . . 3 13
Art 30 sec 1—(added) No. 54 Governmental continuity during emergency
Art 31 sec 1—(added) No. 61 periods . . . . . . . . . . . . . . . . . . . . . . . . . . 2 42
sec 2—(added) No. 61 To office under United States vacates seat in legis-
Art 32 sec 1—(added) No. 73 lature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 14

(3) Amendments amended or repealed: Apportionment


Of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 43
Amendment 1 amended by Amendment 44 Of representatives among counties of state . . . . . . . 22 2
Amendment 2 amended by Amendment 5 Of school fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3
Amendment 4 amended by Amendments 34 and 88 Of school fund, by special act, prohibited. . . . . . . . 2 28(7)
Amendment 5 amended by Amendment 63 Of senators among counties of state . . . . . . . . . . . . 22 1
Amendment 7 amended by Amendments 26, 30, 36, and 72
Amendment 12 amended by Amendment 57 Appropriation of private property
Amendment 13 amended by Amendments 32, 52, and 96 For public or private use . . . . . . . . . . . . . . . . . . . . . 1 16
Amendment 14 amended by Amendments 81 and 98 For right-of-way of corporations . . . . . . . . . . . . . . . 1 16
Amendment 17 amended by Amendments 55, 59, 64, 79, 90, 95, and 101 (See Eminent domain)
Amendment 20 part rep. by Amendment 54
amended by Amendment 78 Appropriations
Amendment 23 amended by Amendment 58 Capitol buildings, for. . . . . . . . . . . . . . . . . . . . . . . . 14 3
Amendment 24 repealed by Amendment 42 Common school fund, to . . . . . . . . . . . . . . . . . . . . . 9 3
Amendment 28 amended by Amendments 65 and 87 Expenses of constitutional convention . . . . . . . . . . 27 19
Amendment 29 repealed by Amendment 42 Item veto of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 12
Amendment 30 stricken by Amendment 72 Money from state treasury shall be paid out by . . . 8 4
Amendment 31 part rep. by Amendment 54 Religious worship, prohibition against appropria-
Amendment 32 amended by Amendments 52 and 96 tion for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 11
Amendment 34 amended by Amendment 88 Reverts unless paid out within two years . . . . . . . . 8 4
Amendment 35 part rep. by Amendment 54 Sum and object to be specified . . . . . . . . . . . . . . . . 8 4
Amendment 48 amended by Amendment 60 Time for payment, limitation of . . . . . . . . . . . . . . . 8 4
Amendment 49 amended by Amendments 75 and 93 When act providing for, to take effect (Stricken by
Amendment 52 amended by Amendment 96 Amendment 7) . . . . . . . . . . . . . . . . . . . . . . . . 2 31
Amendment 55 amended by Amendments 59, 64, 79, 90, 95, and 101
Amendment 59 amended by Amendments 64, 79, 90, 95, and 101 Area reserved
Amendment 60 amended by Amendments 92 and 103 Between harbor lines and line of high tide . . . . . . . 15 1
Amendment 64 amended by Amendments 79, 90, 95, and 101 Lease of, by state for wharves . . . . . . . . . . . . . . . . . 15 2
Amendment 70 amended by Amendments 82, 86, and 91 Sale of, restrictions on . . . . . . . . . . . . . . . . . . . . . . . 15 1

[Page 90] (Rev. 12-10)


Index to State Constitution Index

Streets over, authorized . . . . . . . . . . . . . . . . . . . . . . 15 3 Prosecuting attorney, duty of legislature to provide


(See Harbors; Navigable waters; Wharves) for election of . . . . . . . . . . . . . . . . . . . . . . . . . 11 5

Arms Auditor
Private armed bodies not authorized . . . . . . . . . . . . 1 24 Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 20
Right of people to bear arms guaranteed . . . . . . . . . 1 24 Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1
Safekeeping of public arms to be provided . . . . . . . 10 4 Impeachment, liability to. . . . . . . . . . . . . . . . . . . . . 5 2
Scruples against bearing arms, excuses from militia Office may be abolished by legislature . . . . . . . . . . 3 25
duty in time of peace. . . . . . . . . . . . . . . . . . . . 10 6 Records to be kept at seat of government . . . . . . . . 3 24
Residence at seat of government required. . . . . . . . 3 24
Army Salary (See Salaries)
Standing, not to be kept in time of peace . . . . . . . . . 1 31 Succession to governorship . . . . . . . . . . . . . . . . . . . 3 10
(See Militia) Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3

Arrest Ayes and noes


Legislators, when privileged from . . . . . . . . . . . . . . 2 16 When to be taken and entered on journal . . . . . . . .
Militia, when privileged from . . . . . . . . . . . . . . . . . 10 5 On amendments to Constitution proposed . . . 23 1
Voters privileged from at elections, except . . . . . . . 6 5 On demand of one-sixth of members of either
house . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 21
Artificial light On emergency clauses (Stricken by Amend-
City or town may contract debt for, limitations . . . . 8 6 ment 7). . . . . . . . . . . . . . . . . . . . . . . . . . 2 31
On final passage of bills . . . . . . . . . . . . . . . . . 2 22
Assemblages of people On removal of public officer by legislature . . 4 9
Right of peaceable assembly not to be abridged . . . 1 4 On senate’s confirmation or rejection of gov-
ernor’s appointees . . . . . . . . . . . . . . . . . 13 1
Assessment On suspension of the prohibition against intro-
Imposition by special act prohibited . . . . . . . . . . . . 2 28(5) duction of bills. . . . . . . . . . . . . . . . . . . . 2 36
Jurisdiction of superior court, original. . . . . . . . . . . 4 6 (See Yeas and nays)
Jurisdiction of supreme court, appellate . . . . . . . . . 4 4
Property of corporations, how assessed (Stricken by Bail
Amendment 14) . . . . . . . . . . . . . . . . . . . . . . . 7 3 Allowable on sufficient sureties, exceptions . . . . . . 1 20
Retired persons, property tax exemption . . . . . . . . . 7 10 Excessive, not to be required. . . . . . . . . . . . . . . . . . 1 14
Special, for local improvements, authorized . . . . . . 7 9
Taxation based on special use . . . . . . . . . . . . . . . . . 7 11 Ballot
Uniform and equal rate of, to be established Elections to be by . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6
(Stricken by Amendment 14) . . . . . . . . . . . . . 7 2 Form of, in voting for Constitution, etc. . . . . . . . . . 27 18
(See Taxation) Initiative measures, ballot submitting . . . . . . . . . . . 2 1
Presidential, casting. . . . . . . . . . . . . . . . . . . . . . . . . 6 1(A)
Assignment Secrecy of, provision to be made for. . . . . . . . . . . . 6 6
Of superior judges and judicial business by supreme Superior court judge, election for . . . . . . . . . . . . . . 4 29
court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2(a)
Of superior judges by governor . . . . . . . . . . . . . . . . 4 5 Banking corporations
Stockholder liability . . . . . . . . . . . . . . . . . . . . . . . . 12 11
Association Officers of, when liable for deposits . . . . . . . . . . . . 12 12
Combination in restraint of trade prohibited . . . . . . 12 22
Included in term "corporation" . . . . . . . . . . . . . . . . 12 5 Banks
Issuance of money by, prohibited . . . . . . . . . . . . . . 12 11 Liability of officers for deposits . . . . . . . . . . . . . . . 12 12
Organization authorized, for construction of tele- Liability of stockholders . . . . . . . . . . . . . . . . . . . . . 12 11
graph and telephone lines . . . . . . . . . . . . . . . . 12 19
Beds and shores of navigable waters
Assumption Disclaimer of title by state where patented, excep-
Of territorial debts by state . . . . . . . . . . . . . . . . . . . 26 3 tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2
Ownership of, asserted by state . . . . . . . . . . . . . . . . 17 1
Attack (See Invasion and attack)
Bill
Attainder Act or section amended must be set forth in full. . . 2 37
Bills of, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . 1 23 Amendment of, may be made by either house . . . . 2 20
Amendment of, shall not change scope and object . 2 38
Attestation Effective date (Stricken by Amendment 7) . . . . . . 2 31
Of commissions, by secretary of state . . . . . . . . . . . 3 15 Effective date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 l,41
Either house may originate bills . . . . . . . . . . . . . . . 2 20
Attorney general Enacting clause required . . . . . . . . . . . . . . . . . . . . . 2 18
Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 21 Final passage, requisites of . . . . . . . . . . . . . . . . . . . 2 22
Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1 Initiative measures (See Initiative and referendum)
Impeachment, liability to . . . . . . . . . . . . . . . . . . . . . 5 2 Introduction of, limitation on time of . . . . . . . . . . . 2 36
Records of office, to be kept at seat of government 3 24 Laws to be enacted by . . . . . . . . . . . . . . . . . . . . . . . 2 18
Removal from office by legislature . . . . . . . . . . . . . 4 9 Passage by either house, requisite proceedings. . . . 2 22
Rights of accused . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Passage by one house, subject to amendment in
Salary (See Salaries) other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 20
Succession to governorship . . . . . . . . . . . . . . . . . . . 3 10 Passage over governor’s veto . . . . . . . . . . . . . . . . . 3 12
Term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Power of people to propose, pass, etc. . . . . . . . . . . 2 1
Presentation to governor for approval . . . . . . . . . . . 3 12
Attorneys at law When becomes law without approval . . . . . . . . . . . 3 12
Accused in criminal cases entitled to appear by Scope of, not to be changed by amendment . . . . . . 2 38
counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 22 Signature by presiding officers of both houses nec-
essary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 32

(Rev. 12-10) [Page 91]


Index Constitution of the State of Washington

Subject restricted to one object . . . . . . . . . . . . . . . . 2 19 Apportionments of legislative members based on


Subject to be expressed in title. . . . . . . . . . . . . . . . . 2 19 federal census . . . . . . . . . . . . . . . . . . . . . . . . . 2 43
Title of, to express subject . . . . . . . . . . . . . . . . . . . . 2 19 Enumeration to be made in decennial periods
Veto of, power of governor . . . . . . . . . . . . . . . . . . . 3 12 (Repealed by Amendment 74) . . . . . . . . . . . . 2 3
Initiative or referred measures . . . . . . . . . . . . . . . . . 2 1
Separate items or sections subject to . . . . . . . . . . . . 3 12 Certiorari
Session, extraordinary, to reconsider . . . . . . . . . . . . 3 12 Jurisdiction of superior court. . . . . . . . . . . . . . . . . . 4 6
Vote on, by interested legislators prohibited . . . . . . 2 30 Jurisdiction of supreme court . . . . . . . . . . . . . . . . . 4 4
Vote on, how taken. . . . . . . . . . . . . . . . . . . . . . . . . . 2 22
(See Acts; Laws) Cession of jurisdiction
Exclusive legislation over certain lands given to
Bill of attainder United States. . . . . . . . . . . . . . . . . . . . . . . . . . 25 1
Enactment of, prohibited . . . . . . . . . . . . . . . . . . . . . 1 23 Retention by state of jurisdiction for service of pro-
cess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 1
Boats
Jurisdiction of public offense committed on . . . . . . 1 22 Change of name
Special legislation prohibited . . . . . . . . . . . . . . . . . 2 28(1)
Bonds
Corporations can issue only for money, labor or Changing county lines
property received . . . . . . . . . . . . . . . . . . . . . . 12 6 Special legislation prohibited, except . . . . . . . . . . . 2 28(18)
County and municipal corporations not to own
bonds of private corporations . . . . . . . . . . . . . 8 7 Changing county seats
Debt limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1 Special legislation prohibited . . . . . . . . . . . . . . . . . 2 28(18)
Executed to territory to pass to state . . . . . . . . . . . . 27 4
Industrial development projects financing. . . . . . . . 32 1 Chaplain
Investment of school funds in . . . . . . . . . . . . . . . . . 9 3 For state correctional, mental institutions, county or
16 5 public health district health care. . . . . . . . . . . 1 11
Nonrecourse revenue bonds by governmental enti-
ties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 1 Charter
State building authority, by . . . . . . . . . . . . . . . . . . . 8 9 Corporate
Limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1(g) Creation by special legislation forbidden . . . . 12 1
Extension of, by legislature prohibited. . . . . . 12 3
Boundaries Forfeiture of, not to be remitted . . . . . . . . . . . 12 3
Of county, change by division or enlargement . . . . 11 3 Void for want of organization, when . . . . . . . 12 2
Of county, change by special legislation prohibited, Municipal
exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 28(18) Creation or amendment by special law, pro-
Of existing counties recognized. . . . . . . . . . . . . . . . 11 1 hibited . . . . . . . . . . . . . . . . . . . . . . . . . . 2 28(8)
Of state, defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 1 Election for, how conducted. . . . . . . . . . . . . . 11 10
Grant of, to be under general laws . . . . . . . . . 11 10
Bribery How amended. . . . . . . . . . . . . . . . . . . . . . . . . 11 10
Criminating evidence compulsory . . . . . . . . . . . . . . 2 30 Power of certain cities to frame . . . . . . . . . . . 11 10
Disqualifies for holding office . . . . . . . . . . . . . . . . . 2 30 Publication, prior to submission . . . . . . . . . . . 11 10
Legislature to define and provide punishment for . . 2 30 Subject to general laws. . . . . . . . . . . . . . . . . . 11 10
Submission of alternate propositions . . . . . . . 11 10
Buildings, public
State building authority . . . . . . . . . . . . . . . . . . . . . . 8 9 Chief justice of supreme court
Method of determining . . . . . . . . . . . . . . . . . . . . . . 4 3
Bureau of statistics, agriculture and immigration Presides on trial of impeachments, when . . . . . . . . 5 1
Legislature to provide for. . . . . . . . . . . . . . . . . . . . . 2 34
Children
Bureau of vital statistics Adoption of, by special act, forbidden . . . . . . . . . . 2 28(16)
Legislature to establish . . . . . . . . . . . . . . . . . . . . . . 20 1 Duty of state to educate all . . . . . . . . . . . . . . . . . . . 9 1
(See Minors)
Canal companies
Common carriers, subject to legislative control . . . 12 13 Citizens
Discrimination in charges prohibited . . . . . . . . . . . . 12 15 All entitled to equal privileges and immunities. . . . 1 12
Citizenship qualification for voters . . . . . . . . . . . . . 6 1
Capital offenses Voter qualifications, presidential elections . . . . . . . 6 1A
Bailable, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 20
(See Crime) City
Bonds, nonrecourse revenue for industrial develop-
Capital of state (See Seat of government) ment projects . . . . . . . . . . . . . . . . . . . . . . . . . 32 1
Charter
Capitol buildings Alternative propositions, submission of . . . . . 11 10
Appropriations for . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3 Amendment by special law prohibited . . . . . . 2 28(8)
Amendments of, how effected . . . . . . . . . . . . 11 10
Caste Election of freeholders . . . . . . . . . . . . . . . . . . 11 10
Discrimination in education on account of, prohib- Freeholder’s charter, what cities may frame . 11 10
ited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1 Publication of election notices and of pro-
posed charter . . . . . . . . . . . . . . . . . . . . . 11 10
Causes Submission of the charter proposed . . . . . . . . 11 10
Transfer from territorial to state courts . . . . . . . . . . 27 5,8,10 Vote on, majority necessary to ratify . . . . . . . 11 10
(See Actions) Combined city-county . . . . . . . . . . . . . . . . . . . . . . . 11 16
Corporate stock or bonds, not to be owned by . . . . 8 7
Census Creation by special act prohibited . . . . . . . . . . . . . . 2 28(8)
Credit of, not to be loaned, except. . . . . . . . . . . . . . 8 7

[Page 92] (Rev. 12-10)


Index to State Constitution Index

Incorporation of, must be under general laws 11 10 To establish harbor lines . . . . . . . . . . . . . . . . . . . . . 15 1


Indebtedness, limitations on. . . . . . . . . . . . . . . . . . . 8 6 To regulate railroad and transportation lines . . . . . . 12 18
Justice of peace in, legislature to prescribe powers, To set salaries, authorized . . . . . . . . . . . . . . . . . . . . 28 1
duties, jurisdiction and number. . . . . . . . . . . . 4 10
May act as police justice . . . . . . . . . . . . . . . . . 4 10 Commission on judicial conduct 4 31
Salary of, in cities of over 5,000 . . . . . . . . . . . 4 10
Local improvements by special assessment or taxa- Commissioner of public lands
tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Duties of, to be prescribed by legislature . . . . . . . . 3 23
Officers of Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1
Compensation increase . . . . . . . . . . . . . . . . . . 30 1 Office may be abolished by legislature . . . . . . . . . . 3 25
Must deposit public moneys with treasurer . . 11 15 Records of, to be kept at seat of government . . . . . 3 24
Recall of officers (See Recall of officers) Salary (See Salaries)
Salary not to be changed during term Succession to governorship . . . . . . . . . . . . . . . . . . . 3 10
(Partially repealed by Amendment 54) . . . . . . 11 8 Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3
(Amendment 54) . . . . . . . . . . . . . . . . . . . . . . . 30 1
Term of office not to be extended. . . . . . . . . . 11 8 Commissioners
Use of public money by, a felony . . . . . . . . . . 11 14 Appointment of for state institutions. . . . . . . . . . . . 13 1
Police and sanitary regulations may be enforced. . . 11 11
Police justice, justice of peace may act as . . . . . . . . 4 10 Commissions
Reincorporation under general laws permitted to Issuance of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 15
cities under special charter . . . . . . . . . . . . . . . 11 10
Taxation Committees of legislature 2 12
Authorized to assess and collect general . . . . 7 9
Local improvements . . . . . . . . . . . . . . . . . . . . 7 9 Commodities
Local taxes not to be imposed by legislature . 11 12 Agricultural commodity commission assessments . 8 11
Power to assess and collect rests in city. 11 12
Uniformity in respect to persons and property Common carriers
required . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Canal companies are . . . . . . . . . . . . . . . . . . . . . . . . 12 13
(See Municipal corporation; Municipal courts; Discrimination in charges or service prohibited . . . 12 15
Municipal fine) Maximum rate of charges, legislature may regulate 12 18
Railroad companies are . . . . . . . . . . . . . . . . . . . . . . 12 13
Civil actions Regulation of, by commission, authorized . . . . . . . 12 18
Limitation by special act prohibited . . . . . . . . . . . . 2 28(17) Subject to legislative control . . . . . . . . . . . . . . . . . . 12 13
Number of jurors in . . . . . . . . . . . . . . . . . . . . . . . . . 1 21 Telegraph and telephone companies are . . . . . . . . . 12 19
Number of jurors necessary for verdict . . . . . . . . . . 1 21 Transportation companies are . . . . . . . . . . . . . . . . . 12 13
Parties may waive jury. . . . . . . . . . . . . . . . . . . . . . . 1 21 (See Canal, Railroad, Transportation, Telegraph
(See Actions) and telephone companies)

Civil power Common school construction fund established 9 3


Elections to be free from interference by. . . . . . . . . 1 19
Governmental continuity during emergency periods 2 42 Common school fund
Military subordinate to. . . . . . . . . . . . . . . . . . . . . . . 1 18 Enlargement of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3
Income from, to be applied to common schools . . . 9 2
Classification Interest to be expended for current expenses . . . . . 9 3
Of cities and towns in proportion to population . . . 11 10 Investment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5
Of counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 Losses occasioned by default, fraud, etc., to become
Of judges of supreme court by lot . . . . . . . . . . . . . . 4 3 permanent debt against state. . . . . . . . . . . . . . 9 5
Principal of, to remain irreducible. . . . . . . . . . . . . . 9 3
Clerk Sources of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3
Of county, providing for election of . . . . . . . . . . . . 11 5 (See School fund)
Of superior court, county clerk is . . . . . . . . . . . . . . 4 26
Of supreme court . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 22 Common schools
General and uniform system to be established . . . . 9 2
Collection of taxes Management by special legislation prohibited . . . . 2 28(15)
Time not to be extended by special laws . . . . . . . . . 2 28(5) Superintendent of public instruction to supervise . . 3 22
(See Taxation) (See Education; Public schools)

Color Commutation of sentence


Discrimination in education on account of, prohib- Report by governor to legislature . . . . . . . . . . . . . . 3 11
ited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1
Commutation of taxes
Combinations Prohibition against state granting . . . . . . . . . . . . . . 11 9
To affect prices, production, or transportation of
commodities, prohibited . . . . . . . . . . . . . . . . . 12 22 Commutation tickets
(See Monopolies) Carrier may grant, at special rates . . . . . . . . . . . . . . 12 15

Combined city-county 11 16 Compact with United States


Irrevocable without mutual consent 26 1-4
Commander-in-chief
Governor to be, when militia in state service . . . . . 3 8 Compensation
(See Militia) Appropriation of private property . . . . . . . . . . . . . . 1 16
Attorney general . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 21
Comment on facts Change of, during term of public officer. . . . . . . . .
Judge not to make, in charging jury. . . . . . . . . . . . . 4 16 (Partially repealed by Amendment 54) . . . . . 2 25
3 25
Commission 4 13

(Rev. 12-10) [Page 93]


Index Constitution of the State of Washington

11 8 Contempt
28 1 Each house may punish for . . . . . . . . . . . . . . . . . . . 2 9
(Amendment 54) . . . . . . . . . . . . . . . . . . . . . . . 30 1
Classification of counties in fixing compensation of Contested elections (See Elections)
officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5
County, township, precinct and district officers Continuity of government
(Partially repealed by Amendment 54) . . . . . . 11 5,8 During periods of emergency due to enemy attack . 2 42
Eminent domain, compensation for property taken
in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 16 Contracts
Extra, not to be granted to public officers . . . . . . . . 2 25 Affecting price, production, or transportation, pro-
For right-of-way for corporations . . . . . . . . . . . . . . 1 16 hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 22
Jury to ascertain compensation due . . . . . . . . 1 16 Combination between common carriers prohibited
Judges of court of appeals . . . . . . . . . . . . . . . . . . . . 4 30 (Repealed by Amendment 67) . . . . . . . . . . . . 12 14
Judges of supreme and superior courts . . . . . . . . . . 4 13,14 Impairment of obligation prohibited . . . . . . . . . . . . 1 23
Jury to ascertain compensation in eminent domain . 1 16 State building authority, by . . . . . . . . . . . . . . . . . . . 8 9
Justice of peace in cities of over 5,000 . . . . . . . . . . 4 10
Member of legislature (Partially repealed by Conveyance
Amendment 20) . . . . . . . . . . . . . . . . . . . . . . . 2 23 Jurisdiction of public offense committed on public
State officers (Partially repealed by Amendment conveyance . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 22
54) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 1 Of lands to aliens invalid (Repealed by Amendment
Increase during term . . . . . . . . . . . . . . . . . . . . . . . . 30 1 42). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 33
Waiver of jury trial for ascertaining compensation
in eminent domain. . . . . . . . . . . . . . . . . . . . . . 1 16 Conviction
No corruption of blood nor forfeiture of estate . . . . 1 15
Conditions On impeachment, two-thirds of senators must con-
On foreign corporations doing business . . . . . . . . . 12 7 cur . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1

Confession in open court Convict labor


Effect in treason . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 27 Contracts for, prohibited . . . . . . . . . . . . . . . . . . . . . 2 29
Working for benefit of state authorized. . . . . . . . . . 2 29
Confronting witnesses
Right of accused. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 22 Copartnerships
Combinations affecting price, production or trans-
Congress portation prohibited . . . . . . . . . . . . . . . . . . . . 12 22
Exclusive power of legislature over lands of . . . . . .
United States in state . . . . . . . . . . . . . . . . . . . . . . . . 25 1 Copies
Subject to state’s right to serve process . . . . . 25 1 Right of accused to copy of accusation . . . . . . . . . . 1 22
Indian lands under jurisdiction of . . . . . . . . . . . . . . 26 2
Legislator elected to, vacates seat . . . . . . . . . . . . . . 2 14 Corporate powers
Member of, ineligible to legislature. . . . . . . . . . . . . 2 14 Not to be granted by special laws . . . . . . . . . . . . . . 2 28(6)
Representatives in, election of . . . . . . . . . . . . . . . . . 2 43
Corporate property
Congressional districts Appropriation by eminent domain not to be
Redistricting commission. . . . . . . . . . . . . . . . . . . . . 2 43 abridged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 10
Taxation of, power not to be surrendered (Stricken
Conscience, freedom of by Amendment 14) . . . . . . . . . . . . . . . . . . . . . 7 4
Guaranteed to every individual . . . . . . . . . . . . . . . . 1 11
Corporations
Consent of governed Alien, when (Repealed by Amendment 42) . . . . . . 2 33
Source of governmental powers. . . . . . . . . . . . . . . . 1 1 Appropriation of right-of-way. . . . . . . . . . . . . . . . . 1 16
Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conservation, energy, water, or stormwater or sewer Not to be owned by counties or cities . . . . . . 8 7
services Restriction on issuance . . . . . . . . . . . . . . . . . . 12 6
Loans of credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Business, may be regulated by law . . . . . . . . . . . . . 12 1
Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consolidation Invalid, if unorganized when Constitution
On competing lines of railroad prohibited . . . . . . . . 12 16 adopted, conditions . . . . . . . . . . . . . . . . 12 2
Not to be extended . . . . . . . . . . . . . . . . . . . . . 12 3
Constitution Combinations affecting price, production, or trans-
Amendment, how effected . . . . . . . . . . . . . . . . . . . . 23 1 portation prohibited . . . . . . . . . . . . . . . . . . . . 12 22
Election for voting on, how conducted . . . . . . 27 15 Creation by special act prohibited . . . . . . . . . . . . . . 2 28(6)
Form of ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 18 Debts, relief by special act prohibited . . . . . . . . . . . 2 28(10)
Emergency, legislature’s departure from . . . . . . . . . Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5
Constitution, limited authority . . . . . . . . . . . . 2 42 Eminent domain, property subject to . . . . . . . . . . . 12 10
Existing rights not affected by . . . . . . . . . . . . . . . . . 27 1 Equal privileges and immunities . . . . . . . . . . . . . . . 1 12
In effect, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 16 Foreign, not to be favored . . . . . . . . . . . . . . . . . . . . 12 7
Mandatory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 29 Forfeiture of franchise . . . . . . . . . . . . . . . . . . . . . . .
Revision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2 For unlawful combinations. . . . . . . . . . . . . . . 12 22
Submission to people . . . . . . . . . . . . . . . . . . . 23 3 Not to be remitted. . . . . . . . . . . . . . . . . . . . . . 12 3
United States, supreme law of land . . . . . . . . . . . . . 1 2 Formation, by general and not by special laws . . . . 12 1
(See Amendment to Constitution) Franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Alienation or lease not to relieve liability . . . 12 8
Constitutional convention May be forfeited . . . . . . . . . . . . . . . . . . . . . . . 12 22
Expenses of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 19 Laws relating to may be amended or repealed . . . . 12 1
To revise or amend Constitution . . . . . . . . . . . . . . . 23 2 Legislative control . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1
Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[Page 94] (Rev. 12-10)


Index to State Constitution Index

For receipt of bank deposits after insolvency . 12 12 Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Not relieved by alienation or lease of franchise 12 8 Election, duties, terms, compensation . . . . . . 11 5
Loan of school funds to, prohibited (Amended by Increase in compensation during term . . . . . . 30 1
Amendment 44) . . . . . . . . . . . . . . . . . . . . . . . 16 5 Recall of officers (See Recall)
Money, issuance prohibited . . . . . . . . . . . . . . . . . . . 12 11 Police and sanitary regulations, power to enforce. . 11 11
Monopolies and trusts forbidden . . . . . . . . . . . . . . . 12 22 School funds may be invested in bonds of
State building authority . . . . . . . . . . . . . . . . . . . . . . 8 9 (Amended by Amendment 44) . . . . . . . . . . . . 16 5
State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9
Not to subscribe to nor own stock. . . . . . . . . . 12 9 Stock or bonds of corporation not to be owned. . . . 8 7
Not to surrender power to tax (Stricken by Superior court located in each county . . . . . . . . . . . 4 5
Amendment 14) . . . . . . . . . . . . . . . . . . . 7 4 Taxation, power to assess and collect . . . . . . 11 12
State credit not to be loaned to. . . . . . . . . . . . . . . . . 8 5 Exemption of county property from taxation . . . . . 7 1
Stockholders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Taxes, liability for proportionate share of state . . . . 11 9
Liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 Local, legislature not to impose . . . . . . . . . . . 11 12
Liability in banking, insurance, and joint stock One percent limitation . . . . . . . . . . . . . . . . . . 7 2
companies . . . . . . . . . . . . . . . . . . . . . . . 12 11 Township organization in . . . . . . . . . . . . . . . . . . . . 11 4
May be joined as parties defendant. . . . . . . . . 12 4
Stock. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County attorney (See Prosecuting attorney)
Increase, consent and notice necessary . . . . . . . . . . 12 6
Not to be owned by counties or cities . . . . . . . . . . . 8 7 County clerk
Restrictions on issuance . . . . . . . . . . . . . . . . . . . . . . 12 6 Accountability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5
Sue and be sued, right and liability . . . . . . . . . . . . . 12 5 Clerk of superior court, ex officio . . . . . . . . . . . . . . 4 26
Taxation of property, method of (Stricken by Duties, term, and salary, legislature to provide . . . . 11 5
Amendment 14) . . . . . . . . . . . . . . . . . . . . . . . 7 3 Election to be provided for by legislature . . . . . . . . 11 5
Telephone and telegraph lines, organization to con- First under Constitution, time of . . . . . . . . . . 27 7
struct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19
(See Franchise) County commissioners
Election, compensation, etc., legislature to provide 11 5
Corrupt solicitation Vacancies in legislature, partisan county elective
Compulsory testimony in cases of . . . . . . . . . . . . . . 2 30 office, filled by . . . . . . . . . . . . . . . . . . . . . . . . 2 15
Disqualification for holding office. . . . . . . . . . . . . . 2 30 Vacancies in township, precinct, and road district
Punishment to be provided by legislature . . . . . . . . 2 30 offices filled by. . . . . . . . . . . . . . . . . . . . . . . . 11 6

Corruption in office County indebtedness


Judges, attorney general and prosecuting attorneys Apportionment, when county divided or enlarged . 11 3
removable by legislature . . . . . . . . . . . . . . . . . 4 9 Rights of creditors not affected . . . . . . . . . . . 11 3
Increase permitted for water, light and sewers . . . . 8 6
Corruption of blood Limit of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6
Conviction not to work . . . . . . . . . . . . . . . . . . . . . . 1 15 Private property not to be taken in satisfaction of. . 11 13

County County lines


Apportionment Change by special act prohibited. . . . . . . . . . . . . . . 2 28(18)
Of representatives among . . . . . . . . . . . . . . . . 22 2
Of senators . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1 County officers
Assignment of superior court judges . . . . . . . . . . . . 4 2(a) Accountability for fees . . . . . . . . . . . . . . . . . . . . . . 11 5
4 5 Bonds unaffected by change in government . . . . . . 27 14
Bonds, nonrecourse revenue for industrial develop- Compensation to be regulated by legislature . . . . . 11 5
ment projects. . . . . . . . . . . . . . . . . . . . . . . . . . 32 1 Classification of counties for purpose of fix-
Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 ing compensation. . . . . . . . . . . . . . . . . . 11 5
Combined city and county . . . . . . . . . . . . . . . . . . . . 11 16 Increase during term . . . . . . . . . . . . . . . . . . . . 30 1
Corporate bonds or stocks not to be owned 8 7 Duties and term to be prescribed by legislature . . . 11 5
County seat removal . . . . . . . . . . . . . . . . . . . . . . . . 11 2 Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Not to be changed by special act. . . . . . . . . . . 2 28(18) Biennial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8
Credit not to be loaned, exceptions . . . . . . . . . . . . . 8 7 Legislature to provide for the election of . . . . 11 5
Debts Time of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8
Apportionment on division or enlargement . . 11 3 Eligibility restricted to two terms in succession
Limit of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 (Repealed by Amendment 22) . . . . . . . . . . . . 11 7
Private property not to be taken in satisfaction Fees
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Accountability for. . . . . . . . . . . . . . . . . . . . . . 11 5
Division, how effected . . . . . . . . . . . . . . . . . . . . . . . 11 3 Use of, a felony . . . . . . . . . . . . . . . . . . . . . . . 11 14
Existing to be legal subdivision of state . . . . . . . . . 11 1 Partisan elective, vacancies, how filled. . . . . . . . . . 2 15
Government, legislature to provide system . . . . . . . 11 4 Public money, use of, felonious. . . . . . . . . . . . . . . . 11 14
Home rule charter, authorized . . . . . . . . . . . . . . . . . 11 4 Recall of (See Recall of officers)
For combined city-county . . . . . . . . . . . . . . . . 11 16 Salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5,8
Indebtedness, limit of. . . . . . . . . . . . . . . . . . . . . . . . 8 6 Succession of duties, in emergency, temporary, leg-
Additional, assent of voters necessary . . . . . . 8 6 islature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 42
Assessment as basis of, how ascertained . . . . 8 6 Term of office not to be extended . . . . . . . . . . . . . . 11 8
Restriction as to purpose . . . . . . . . . . . . . . . . . 8 6 Term, power of legislature to prescribe. . . . . . . . . . 11 5
Lines, not to be changed by special act . . . . . . . . . . 2 28(18) Territorial, how long to hold office . . . . . . . . . . . . . 27 14
Location of county seat not to be changed by special Vacancies, how filled. . . . . . . . . . . . . . . . . . . . . . . . 11 6
act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 28(18) Vacancies, partisan elective offices, how filled. . . . 2 15
Moneys to be deposited with treasurer . . . . . . . . . . 11 15
Use of, by official, a felony . . . . . . . . . . . . . . 11 14 County seat
New county, formation by special act not prohib- Change or location by special act prohibited 2 28(18)
ited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 28(18) Continuity of government, enemy attack 2 42
Restrictions on . . . . . . . . . . . . . . . . . . . . . . . . 11 3 Removal, proceedings for 11 2

(Rev. 12-10) [Page 95]


Index Constitution of the State of Washington

County treasurer Not to be inflicted . . . . . . . . . . . . . . . . . . . . . . . . . . 1 14


Election, compensation, duties and accountability,
legislature to provide. . . . . . . . . . . . . . . . . . . . 11 5 Damage
To private property for public or private use to be 1 16
Court commissioners compensated . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appointment and powers . . . . . . . . . . . . . . . . . . . . . 4 23
Excepted from prohibition against compensation by Dangerous employments
fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 13 Protection to persons engaged in . . . . . . . . . . . . . . . . . . . . 2 35

Court of appeals Death


Administration and procedure . . . . . . . . . . . . . . . . . 4 30 Succession to office upon death or disability of gov- 3 10
Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 30 ernor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conflicts with other constitutional provisions . . . . . 4 30
Judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 30 Debate
Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 30 Members of legislature not liable for words spoken . 2 17
Review of superior court actions . . . . . . . . . . . . . . . 4 30
Debts
Courts Corporate, fictitious increase void. . . . . . . . . . . . . . . 12 6
Inferior, legislature to provide . . . . . . . . . . . . . . . . . 4 1 Liability of stockholders . . . . . . . . . . . . . . . . . . . . . . 12 4,11
Jurisdiction and powers to be prescribed . . . . 4 12 Due territory to inure to state . . . . . . . . . . . . . . . . . . 27 3
Judicial power vested in specified courts. . . . . . . . . 4 1 Imprisonment for, prohibited, exception . . . . . . . . . . 1 17
Officers to be salaried, exceptions . . . . . . . . . 4 13 Municipal corporations, limitation on . . . . . . . . . . . . 8 6
Of record Release by special act prohibited . . . . . . . . . . . . . . . 2 28(10)
Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11 State building authority . . . . . . . . . . . . . . . . . . . . . . . 8 9
Judges not to practice law . . . . . . . . . . . . . . . . 4 19 Limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1(g)
Temporary performance of judicial duties . . . . . . . . 4 2(a) State, power to contract . . . . . . . . . . . . . . . . . . . . . . . 8 1-3
(See District courts; Inferior courts; Justice of In case of invasion, insurrection, etc. . . . . . . . . . . . . 8 2
Peace; Municipal courts; Probate courts; Limitation on power . . . . . . . . . . . . . . . . . . . . . . . . . 8 1,3
Superior court; Supreme court) Territorial, assumed by state . . . . . . . . . . . . . . . . . . . 26 3
(See City; County indebtedness; Indebtedness of cor-
Credit porations; State indebtedness)
Agricultural promotional activities, use of commod-
ity assessments . . . . . . . . . . . . . . . . . . . . . . . . 8 11 Decisions
Energy, water, or stormwater or sewer services Superior court judge, within what time . . . . . . . . . . . 4 20
loans for conservation . . . . . . . . . . . . . . . . . . . 8 10 Supreme court, in writing and grounds stated . . . . . . 4 2
Of county or municipal corporations not to be given Publication, free to anyone . . . . . . . . . . . . . . . . . . . . 4 21
or loaned, exceptions . . . . . . . . . . . . . . . . . . . 8 7 Reporter for, appointment . . . . . . . . . . . . . . . . . . . . . 4 18
Of state not to be given or loaned . . . . . . . . . . . . . . 8 5
12 9 Declaration of rights
Port district promotional activities. . . . . . . . . . . . . . 8 8 Statement in Constitution . . . . . . . . . . . . . . . . . . . . . 1 1-32
State building authority . . . . . . . . . . . . . . . . . . . . . . 8 9
Deeds
Crimes Validation by special law prohibited . . . . . . . . . . . . . 2 28(9)
Accused not required to criminate self . . . . . . . . . . 1 9
Except in case of bribery or corrupt solicita- Defects and omissions in law
tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 30 Report to governor by supreme judges . . . . . . . . . . . 4 25
Conviction shall not work corruption of blood . . . . 1 15 To supreme by superior judges . . . . . . . . . . . . . . . . . 4 25
Cruel punishment prohibited . . . . . . . . . . . . . . . . . . 1 14
Ex post facto laws not to be passed . . . . . . . . . . . . . 1 23 Defense
Infamous, conviction as bar to voting . . . . . . . . . . . 6 3 Of officer removed on charges . . . . . . . . . . . . . . . . . 4 9
Persons charged with to be bailable . . . . . . . . . . . . 1 20 Right of accused in criminal actions . . . . . . . . . . . . . 1 22
Prosecution may be by information . . . . . . . . . . . . . 1 25
In name of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 27 Deficits in revenue
(See Criminal actions) State may contract debts to meet . . . . . . . . . . . . . . . . 8 1
Tax may be levied to pay. . . . . . . . . . . . . . . . . . . . . . 7 8
Criminal actions
Advance payment of money to secure rights of Delinquency in office (See Corruption in office)
accused prohibited . . . . . . . . . . . . . . . . . . . . . 1 22
Appeal, right of accused . . . . . . . . . . . . . . . . . . . . . 1 22 Deposits
Appearance by accused in person or counsel . . . . . 1 22 Bank officers liable for, when . . . . . . . . . . . . . . . . . . 12 12
Double jeopardy, prohibition against . . . . . . . . . . . . 1 9 Public moneys with treasurer required . . . . . . . . . . . 11 15
Evidence, accused not required to incriminate self . 1 9
Jurisdiction Depot
Appellate of supreme court . . . . . . . . . . . . . . . . . . . 4 4 Jurisdiction of public offense committed at . . . . . . . 1 22
Of offenses committed on public conveyances . . . . 1 22
Original of superior court. . . . . . . . . . . . . . . . . . . . . 4 6 Developmentally Disabled
Limitation by special act prohibited . . . . . . . . . . . . 2 28(17) Trust funds, investments . . . . . . . . . . . . . . . . . . . . . . 29 1
Process, style of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 27
Prosecution by information allowed . . . . . . . . . . . . 1 25 Disability
In name of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 27 Property of person under, cannot be affected by spe- 2 28(4)
On change from territorial to state govern- cial laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5
Rights of accused . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 22 Disapproval of bills
(See Actions; Crimes) By governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 12
Initiative measure . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1
Cruel punishment

[Page 96] (Rev. 12-10)


Index to State Constitution Index

Discipline Effective date


Of state militia, legislature to prescribe . . . . . . . . . . 10 2 Of bills, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 41
Of Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 16
Disclaimer
State’s title to patented lands . . . . . . . . . . . . . . . . . . 17 2 Elections
Unappropriated public and Indian lands . . . . . . . . . 26 2 Ballot required, form . . . . . . . . . . . . . . . . . . . . . . . . . 6 6
Civil interference prohibited . . . . . . . . . . . . . . . . . . . 1 19
Discrimination Constitution
By common carrier prohibited . . . . . . . . . . . . . . . . . 12 15,18 Amendment of, submission to vote . . . . . . . . . 23 1
By telegraph and telephone companies in handling 12 19 Calling convention to revise. . . . . . . . . . . . . . . 23 2
messages prohibited . . . . . . . . . . . . . . . . . . . . Revision, submission of instrument . . . . . . . . . 23 3
Education to be provided all children . . . . . . . . . . . 9 1 Vote on adoption of first, under territorial laws 27 15
In favor of foreign corporations, prohibited . . . . . . 12 7 Contest for office of superior judge (first election). . 27 12
Railroad County home-rule charter . . . . . . . . . . . . . . . . . . . . . 11 4
Prohibited from favoring one express company 12 21 County seat, removal of. . . . . . . . . . . . . . . . . . . . . . . 11 2
Prohibited from favoring one telegraph com- 12 19 Criminals, insane persons, idiots excluded from elec- 6 3
pany . . . . . . . . . . . . . . . . . . . . . . . . . . . . tive franchise . . . . . . . . . . . . . . . . . . . . . . . . . .
Electors (See Electors)
Disorderly behavior Executive officers, elections of . . . . . . . . . . . . . . . . . 3 1
Each house may punish for . . . . . . . . . . . . . . . . . . . 2 9 First election according to territorial laws. . . . . . . . . 27 15
Of representative to congress (Repealed by 27 13
Disqualification Amendment 74). . . . . . . . . . . . . . . . . . . .
On conviction for bribery or corrupt solicitation . . . 2 30 Free, equal and undisturbed. . . . . . . . . . . . . . . . . . . . 1 19
On impeachment . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Freeholders to frame city charter. . . . . . . . . . . . . . . . 11 10
Incompetent persons, disqualification . . . . . . . . . . . . 6 3
District courts Increasing municipal indebtedness . . . . . . . . . . . . . . 8 6
Equity jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Initiative measures (See Initiative and referendum)
Transfer of causes from territorial to superior court 27 8 Judges
Of court of appeals . . . . . . . . . . . . . . . . . . . . . . 4 30
District officers Of superior court . . . . . . . . . . . . . . . . . . . . . . . 4 5,29
Duties, term, compensation, legislature to prescribe 11 5 Of supreme court . . . . . . . . . . . . . . . . . . . . . . . 4 3
Election Legislative, to be viva voce . . . . . . . . . . . . . . . . . . . . 2 27
Biennial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Legislature
Legislature to provide for . . . . . . . . . . . . . . . . 11 5 Each house judge of its own. . . . . . . . . . . . . . . 2 8
Time of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Representatives. . . . . . . . . . . . . . . . . . . . . . . . . 2 4,5
Recall of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 33,34 Senators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6
Road district, vacancy . . . . . . . . . . . . . . . . . . . . . . . 11 6 Mentally incompetent persons. . . . . . . . . . . . . . . . . . 6 3
Territorial, to hold office until when . . . . . . . . . . . . 27 14 Military interference prohibited . . . . . . . . . . . . . . . . 1 19
Official bonds unaffected by change in government 27 14 Officers
Not regulated by Constitution, legislature to 27 11
Ditches provide for . . . . . . . . . . . . . . . . . . . . . . . .
Taking of private property for . . . . . . . . . . . . . . . . . 1 16 Under Constitution, time of first . . . . . . . . . . . 27 7
Presidential elections, voter’s residence . . . . . . . . . . 6 1A
Divorce Privilege of voters from arrest at . . . . . . . . . . . . . . . . 6 5
Jurisdiction of superior court . . . . . . . . . . . . . . . . . . 4 6 Qualifications of voters (See Voters)
Legislature not to grant . . . . . . . . . . . . . . . . . . . . . . 2 24 Recall of officers (See Recall of officers)
(See Annulment of marriage) Referendum (See Initiative and referendum)
Registration law to be enacted. . . . . . . . . . . . . . . . . . 6 7
Docks School, women may be accorded franchise (Stricken 6 2
Legislature may authorize lease of harbor areas, lim- 15 2 by Amendment 5). . . . . . . . . . . . . . . . . . . . . . .
itations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seat of government, determination . . . . . . . . . . . . . . 14 1
(See Area reserved; Harbors) Secrecy of ballot required . . . . . . . . . . . . . . . . . . . . . 6 6
State officers, executive
Double jeopardy Certificates of election to be given. . . . . . . . . . 3 4
Prohibition against . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9 Contests, legislature to decide . . . . . . . . . . . . . 3 4
Equal vote, legislature to choose . . . . . . . . . . . 3 4
Drains Returns to secretary of state . . . . . . . . . . . . . . . 3 4
Taking of private property for . . . . . . . . . . . . . . . . . 1 16 Declaration of result . . . . . . . . . . . . . . . . . . . . . 3 4
Supreme court judges . . . . . . . . . . . . . . . . . . . . . . . . 4 3
Drugs and medicines Superior court judges. . . . . . . . . . . . . . . . . . . . . . . . . 4 5,29
Legislature to regulate sale . . . . . . . . . . . . . . . . . . . 20 2 Time of, for state, county and district officers . . . . . 6 8
Vacancy in office of governor, election to fill . . . . . . 3 10
Due process of law Voter qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1
Life, liberty, property not to be taken without . . . . . 1 3 (See Vote; Voter)

Earnings Elective franchise


Combinations by common carriers to share, prohib- 12 14 Denial on account of sex prohibited in school elec- 6 2
ited (Repealed by Amendment 67) . . . . . . . . . tions (Stricken by Amendment 5) . . . . . . . . . .
Idiots, insane persons and convicted felons excluded 6 3
Education from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Higher education permanent funds . . . . . . . . . . . . . 16 6 Presidential elections, voter’s residence . . . . . . . . . . 6 1A
No distinction on account of race, color or sex . . . . 9 1 (See Elections; Electors; Voter)
Provision for, to be made by state . . . . . . . . . . . . . . 9 1
Sale of lands for purposes of . . . . . . . . . . . . . . . . . . 9 3 Electors
(See Common schools; Public schools) Exempt from military duty, when . . . . . . . . . . . . . . . 6 5
Privilege from arrest at election, except . . . . . . . . . . 6 5

(Rev. 12-10) [Page 97]


Index Constitution of the State of Washington

Qualifications of voters (See Voter) Over unallotted Indian lands . . . . . . . . . . . . . . . . . . . 26 2


Residence not lost in certain cases. . . . . . . . . . . . . . 6 4
Secrecy in voting, legislature to secure . . . . . . . . . . 6 6 Exclusive privileges
Of unorganized corporations, invalid, when . . . . . . . 12 2
Eligibility Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 12
Judges of supreme and superior courts, qualifications 4 17
Ineligible to other than judicial offices . . . . . . . . . . 4 15 Excursion and commutation tickets
Members of legislature Carrier may grant special rates . . . . . . . . . . . . . . . . . 12 15
Ineligible to offices created by them . . . . . . . . . . . . 2 13
Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Execution
State officers, qualifications. . . . . . . . . . . . . . . . . . . 3 25 Private property not to be taken for public debt . . . . 11 13
Voters (See Elections; Voter) Rolling stock of railroad liable to . . . . . . . . . . . . . . . 12 17

Emergency clause Executive department


Act non-referrable . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1(b) Consists of certain officers . . . . . . . . . . . . . . . . . . . . 3 1
Election of officers of . . . . . . . . . . . . . . . . . . . . . . . . 3 1
Emergency, national Records of to be kept by secretary of state . . . . . . . . 3 17
(See Invasion and attack)
Executive power
Eminent domain Supreme, vested in governor . . . . . . . . . . . . . . . . . . . 3 2
Compensation required . . . . . . . . . . . . . . . . . . . . . . 1 16 (See Governor)
Corporate property and franchises subject to. . . . . . 12 10
Judicial question, use for which property taken is . . 1 16 Exemptions
Jury to ascertain compensation, waiver . . . . . . . . . . 1 16 Homestead, from forced sale. . . . . . . . . . . . . . . . . . . 19 1
Private use, taking of property for prohibited, excep- 1 16 Military duty, to whom . . . . . . . . . . . . . . . . . . . . . . . 10 6
tions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Taxation, what property free from. . . . . . . . . . . . . . . 7 1
Reclamation of land is public use . . . . . . . . . . . . . . 1 16 Indian lands exempt, when . . . . . . . . . . . . . . . . 26 2
Rights-of-way to be compensated for . . . . . . . . . . . 1 16 Lands and property of United States . . . . . . . . 26 2
Settlement of land is public use . . . . . . . . . . . . . . . . 1 16 Retired persons . . . . . . . . . . . . . . . . . . . . . . . . . 7 10
Telegraph and telephone companies granted right. . 12 19
Ways of necessity, taking of private property for pri- 1 16 Existing rights
vate use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Change in government not to affect . . . . . . . . . . . . . 27 1

Emoluments, privileges and powers Expenses


Hereditary, prohibited . . . . . . . . . . . . . . . . . . . . . . . 1 28 Constitutional convention to be provided for . . . . . . 27 19
State may contract debts to meet . . . . . . . . . . . . . . . . 8 1
Employments dangerous to life
Legislature to protect persons in . . . . . . . . . . . . . . . 2 35 Ex post facto law
Passage prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 23
Enacting clause
Of statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 18 Express companies
Initiated acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1(d) Railroads to grant equal terms to all . . . . . . . . . . . . . 12 21

Enemy attack, emergency due to Expulsion of members


(See Invasion and attack) Powers of each house . . . . . . . . . . . . . . . . . . . . . . . . 2 9
Restrictions on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9
Energy, water, or stormwater or sewer services conservation
Loaning of credit for structures or equipment . . . . . 8 10 Extension of time for collection of taxes
Special legislation prohibited . . . . . . . . . . . . . . . . . . 2 28(5)
Enumeration of rights
Not to deny others reserved . . . . . . . . . . . . . . . . . . . 1 30 Extinguishment of debts
Special legislation prohibited . . . . . . . . . . . . . . . . . . 2 28(10)
Equal rights
Not to be denied because of sex. . . . . . . . . . . . . . . . 31 1,2 Extra compensation
Prohibited to public officers, etc. . . . . . . . . . . . . . . . 2 25
Equal suffrage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1
Extra session
Equity Legislature, when to be convened . . . . . . . . . . . . . . . 3 7
Appellate jurisdiction of supreme court. . . . . . . . . . 4 4
Original jurisdiction of superior court . . . . . . . . . . . 4 6 Factories
Employees to be protected . . . . . . . . . . . . . . . . . . . . 2 35
Evidence
Contested election (first election) for superior judge, 27 12 Fares and freights (See Railroad companies)
manner of taking . . . . . . . . . . . . . . . . . . . . . . .
Criminating, person not compelled to give against 1 9 Farms
himself. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Taxation based on actual use . . . . . . . . . . . . . . . . . . . 7 11
Except in bribery cases . . . . . . . . . . . . . . . . . . . . . . 2 30
Treason, what necessary for conviction . . . . . . . . . . 1 27 Federal officers
(See Testimony) Not eligible to legislature . . . . . . . . . . . . . . . . . . . . . 2 14

Excessive bail and fines Fees


Not to be imposed . . . . . . . . . . . . . . . . . . . . . . . . . . 1 14 Accountability of county and local officers for. . . . . 11 5
Accused in criminal cases as required to advance . . 1 22
Exclusive legislation Certain used exclusively for highway purposes . . . . 2 40
Congress has over certain lands of United States . . 25 1 Judicial officers prohibited from receiving . . . . . . . . 4 13
Subject to state’s right to serve process . . . . . . . . . . 25 1 Justices of the peace not to receive, when. . . . . . . . . 4 10

[Page 98] (Rev. 12-10)


Index to State Constitution Index

Felony Regulation by legislature authorized . . . . . . . . . . . . . 12 18


Original jurisdiction of superior court . . . . . . . . . . . 4 6
Use of public money by officer . . . . . . . . . . . . . . . . 11 14 Fundamental principles
Frequent recurrence to, essential . . . . . . . . . . . . . . . . 1 32
Ferries
Authorization by special legislation forbidden . . . . 2 28(3) Funds (See Appropriations; Common school construction
fund; Common school fund; Higher education per-
Fictitious issue manent funds; Highway fund; Industrial insurance
Of stock or indebtedness void . . . . . . . . . . . . . . . . . 12 6 trust fund; Public money; School fund)

Fines Government
Accrued to territory inure to state . . . . . . . . . . . . . . 27 3 Change of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Excessive, not to be imposed . . . . . . . . . . . . . . . . . . 1 14 Completion of pending actions. . . . . . . . . . . . . 27 5,8
Governor has power to remit . . . . . . . . . . . . . . . . . . 3 11 Continuance of existing laws and rights. . . . . . 27 1,2
Must report remissions to legislature . . . . . . . 3 11 Emergency, continuance of government, legislative 2 42
Remission by special act prohibited . . . . . . . . . . . . 2 28(14) power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Perpetuity of, what essential . . . . . . . . . . . . . . . . . . . 1 32
Fiscal statement Purposes of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1
Annual publication required . . . . . . . . . . . . . . . . . . 7 7 Source of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1

Flumes Governor
Taking of private property for . . . . . . . . . . . . . . . . . 1 16 Appointment of regents, etc., of state institutions . . . 13 1
Approval of laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 12
Forcible entry and detainer Assignment of superior judge to other county . . . . . 4 5,7
Appellate jurisdiction of supreme court. . . . . . . . . . 4 4 Attorney general, succession to governorship. . . . . . 3 10
Original jurisdiction of superior court . . . . . . . . . . . 4 6 Auditor, succession to governorship . . . . . . . . . . . . . 3 10
Commander-in-chief of state militia . . . . . . . . . . . . . 3 8
Foreign corporations Commissioner of public lands, succession to gover- 3 10
Not to be favored . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7 norship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commissions issued by state, signed by . . . . . . . . . . 3 15
Foreign officers Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1
Not eligible to legislature. . . . . . . . . . . . . . . . . . . . . 2 14 Election to fill vacancy in office . . . . . . . . . . . . . . . . 3 10
Execution of laws . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5
Forfeiture Extension of leave of absence of judicial officer . . . 4 8
Accrued to territory inures to state. . . . . . . . . . . . . . 27 3 Extra session of legislature, power to convene . . . . . 3 7
Corporate charter or franchise, no remission . . . . . . 12 3 Failure of person regularly elected to qualify, succes- 3 10
Estate, conviction not to work . . . . . . . . . . . . . . . . . 1 15 sion on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Franchise, for combination in restraint of trade. . . . 12 22 Impeachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1,2
Governor has power to remit . . . . . . . . . . . . . . . . . . 3 11 Information in writing may be required from state 3 5
Must report remissions to legislature . . . . . . . 3 11 officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Judicial office, absence causes. . . . . . . . . . . . . . . . . 4 8 Laws, may call militia to execute . . . . . . . . . . . . . . . 10 2
Remission by special act prohibited . . . . . . . . . . . . 2 28(14) Lieutenant governor, succession of to office. . . . . . . 3 10
Messages to legislature . . . . . . . . . . . . . . . . . . . . . . . 3 6
Forts, dockyards, etc. Militia officers commissioned by . . . . . . . . . . . . . . . 10 2
Congress to have exclusive control . . . . . . . . . . . . . 25 1 Pardoning power vested in . . . . . . . . . . . . . . . . . . . . 3 9
Report to legislature of pardons, etc., granted . 3 11
Forty mill limitation Restrictions prescribed by law . . . . . . . . . . . . . 3 9
(Stricken by Amendment 14). . . . . . . . . . . . . . . . . . 7 2 Records kept at seat of government . . . . . . . . . . . . . 3 24
Remission of fines and forfeitures. . . . . . . . . . . . . . . 3 11
Franchise Report to legislature with reasons . . . . . . . . . . 3 11
Alienation or lease not to relieve liability . . . . . . . . 12 8 Removal or disability, who to act . . . . . . . . . . . . . . . 3 10
Corporate, creation by special act forbidden . . . . . . 12 1 Residence at seat of government . . . . . . . . . . . . . . . . 3 24
Extension by legislature prohibited . . . . . . . . . . . . . 12 3 Salary (See Salaries)
Forfeiture for unlawful combinations . . . . . . . . . . . 12 22 Secretary of state as succeeding to office . . . . . . . . . 3 10
Forfeiture not to be remitted . . . . . . . . . . . . . . . . . . 12 3 Special session of legislature, power to convene . . . 2 12
Invalid, if unorganized, when . . . . . . . . . . . . . . . . . 12 2 Succession in case of vacancy. . . . . . . . . . . . . . . . . . 3 10
Irrevocable grant prohibited. . . . . . . . . . . . . . . . . . . 1 8 Superintendent of public instruction, succession to 3 10
Liability not relieved by lease, etc. . . . . . . . . . . . . . 12 8 governorship . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to eminent domain. . . . . . . . . . . . . . . . . . . . 12 10 Supreme executive power vested in . . . . . . . . . . . . . 3 2
Taxation, state not to surrender (Stricken by Amend- 7 4 Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2
ment 14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Treasurer, succession to governorship. . . . . . . . . . . . 3 10
(See Corporations; Elections) Vacancies
In certain state offices, filled by . . . . . . . . . . . . . . . . 3 13
Freedom of conscience In legislature, filled by, when . . . . . . . . . . . . . . . . . . 2 15
Guaranteed in matters of religious belief. . . . . . . . . 1 11 In superior court, filled by . . . . . . . . . . . . . . . . . . . . . 4 5
(See Religion) In supreme court, filled by . . . . . . . . . . . . . . . . . . . . 4 3
Vacancy in office of. . . . . . . . . . . . . . . . . . . . . . . . . . 3 10
Freedom of speech and press Succession, enemy attack . . . . . . . . . . . . . . . . . . . . . 2 42
Guaranteed to every person . . . . . . . . . . . . . . . . . . . 1 5 Veto of bill or sections and return with objections . . 3 12
Legislators not liable for words in debate . . . . . . . . 2 17 Measures initiated by or referred to the people . . . . . 2 1(d)

Free passes Grand jury


Grant of, to state officers prohibited . . . . . . . . . . . . 12 20 Summoned only on order of superior court. . . . . . . . 1 26
Public officers forbidden to accept . . . . . . . . . . . . . 2 39
Granted lands
Freight rates Sale of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 1-4

(Rev. 12-10) [Page 99]


Index Constitution of the State of Washington

(See Lands; Public lands) Equal to all citizens and corporations . . . . . . . . . . . . 1 12


Imprisonment for debt prohibited, except . . . . . . . . . 1 17
Habeas corpus Irrevocable grant of, prohibited. . . . . . . . . . . . . . . . . 1 8
Jurisdiction Loss or damage to property prohibited without just
Original and appellate of supreme court . . . . . 4 4 compensation . . . . . . . . . . . . . . . . . . . . . . . . . . 1 16
Original of superior court . . . . . . . . . . . . . . . . 4 6 Members of legislature
Suspension of writ prohibited, except . . . . . . . . . . . 1 13 Privileged from arrest, exceptions . . . . . . . . . . 2 16
Writs Privileged from service of civil process, when 2 16
Issuance and service on nonjudicial days . . . . 4 6 Salaries for legislators, elected state officials,
Judges of supreme court may issue. . . . . . . . . 4 4 and judges, referendum petition . . . . . . . 28 1
Returnable before whom. . . . . . . . . . . . . . . . . 4 4 Militia privileged from arrest at muster, except . . . . 10 5
Soldiers not to be quartered in homes, except. . . . . . 1 31
Harbors Special grant of, prohibited . . . . . . . . . . . . . . . . . . . . 1 12
Area to be reserved for landings, etc. . . . . . . . . . . . 15 1 Twice in jeopardy, accused not to be put. . . . . . . . . . 1 9
Commission to establish harbor lines . . . . . . . . . . . 15 1
Restrictions on sale by state of lands or rights. . . . . 15 1 Impeachment
(See Area reserved; Docks; Wharves) House of representatives has sole power. . . . . . . . . . 5 1
Officers liable to . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2
Head of family Judgment effects removal and disqualification
Power of legislature to exempt property of from tax- 7 1 for office . . . . . . . . . . . . . . . . . . . . . . . . . 5 2
ation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Liability to criminal prosecution . . . . . . . . . . . . . . . . 5 2
Trial by senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1
Health Chief justice presides, when . . . . . . . . . . . . . . . 5 1
(See Public health) (See Recall of officers)

Heir at law Imposts


Not to be determined by special law . . . . . . . . . . . . 2 28(1) Appellate jurisdiction of supreme court . . . . . . . . . . 4 4
Original jurisdiction of superior court. . . . . . . . . . . . 4 6
High crimes or misdemeanors
Impeachment of public officers for . . . . . . . . . . . . . 5 2 Imprisonment for debt
Prohibited, except in case of absconding debtors . . . 1 17
High schools
Included in public school system . . . . . . . . . . . . . . . 9 2 Incompetency in office
Officers removable by legislature for, conditions . . . 4 9
Higher education permanent funds
Investment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6 Indebtedness of corporations
Fictitious increase void . . . . . . . . . . . . . . . . . . . . . . . 12 6
Highway fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 40 Liability of stockholders . . . . . . . . . . . . . . . . . . . . . . 12 4
In bank, insurance and joint stock companies 12 11
Highways Relief from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Opening or altering by special legislation prohibited, 2 28(2) By lease or alienation of franchise prohibited . 12 8
exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . By special legislation prohibited . . . . . . . . . . . 2 28(10)
(See Streets and roads) (See Corporations)

Holiday Indian lands


(See Legal holiday) Disclaimed by state of title . . . . . . . . . . . . . . . . . . . . 26 2
Subject to jurisdiction of United States . . . . . . . . . . . 26 2
Home Taxation of, when state may impose . . . . . . . . . . . . . 26 2
Privacy of, guaranteed . . . . . . . . . . . . . . . . . . . . . . . 1 7 Exemption from. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 2
Soldiers not to be quartered in, except. . . . . . . . . . . 1 31
Indians
Home-rule charter Exempt from property taxation, when. . . . . . . . . . . . 26 2
Counties authorized to frame . . . . . . . . . . . . . . . . . . 11 4 Excluded from enumeration of inhabitants (Repealed
For combined city-county . . . . . . . . . . . . . . . . . . . . 11 16 by Amendment 74) . . . . . . . . . . . . . . . . . . . . . . 2 3

Homestead Indictment
Exemption from forced sale. . . . . . . . . . . . . . . . . . . 19 1 Prosecutions of offenses by . . . . . . . . . . . . . . . . . . . . 1 25
Right of accused to copy of . . . . . . . . . . . . . . . . . . . . 1 22
House of representatives
Elections, biennial after 1890 . . . . . . . . . . . . . . . . . 2 5 Individual rights
Legislative authority vested in . . . . . . . . . . . . . . . . . 2 1 Government to protect and maintain . . . . . . . . . . . . . 1 1
Members, how and when chosen . . . . . . . . . . . . . . . 2 4,5 Secured by recurrence to fundamental principles . . . 1 32
Number of representatives . . . . . . . . . . . . . . . . . . . . 2 2
Powers Individual security
Impeachment, sole power vested in . . . . . . . . 5 1 Private affairs not to be disturbed . . . . . . . . . . . . . . . 1 7
Legislative, vested in . . . . . . . . . . . . . . . . . . . 2 1
Quorum of house . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8 Industrial development
Redistricting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 43 Nonrecourse revenue bonds . . . . . . . . . . . . . . . . . . . 32 1
Vacancy, how filled . . . . . . . . . . . . . . . . . . . . . . . . . 2 15 Port districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8
(See Legislature; Representatives)
Industrial insurance trust fund
Immigration Investments of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 1
Bureau of, established . . . . . . . . . . . . . . . . . . . . . . . 2 34
Infamous crimes
Immunities Persons convicted of, excluded from elective fran-
Electors privileged from arrest at elections . . . . . . . 6 5 chise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3

[Page 100] (Rev. 12-10)


Index to State Constitution Index

Infants (See Children; Minors) Veto power of governor not extended to initiatives or
referendums . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1(d)
Inferior courts
Appeal lies to superior court . . . . . . . . . . . . . . . . . . 4 6 Injunction
Jurisdiction and powers, legislature to prescribe . . . 4 12 Issuance and service on nonjudicial days . . . . . . . . . 4 6
Legislature to provide . . . . . . . . . . . . . . . . . . . . . . . 4 1 Equity jurisdiction of superior and district court. . . . 4 6
Original jurisdiction of superior court. . . . . . . . . . . . 4 6
Information
Offenses may be prosecuted by . . . . . . . . . . . . . . . . 1 25 Insane person
Excluded from elective franchise . . . . . . . . . . . . . . . 6 3
Initiative and referendum
Amendment of acts approved by the people Insolvency
(Superseded by Amendment 26). . . . . . . . . . . 2 1(c) Appellate jurisdiction of supreme court . . . . . . . . . . 4 4
(Amendment 26) . . . . . . . . . . . . . . . . . . . . . . . 2 41 Original jurisdiction of superior court. . . . . . . . . . . . 4 6
Amendment of measure submitted to legislature. . . 2 1(a) Receipt of bank deposits, liability of officers . . . . . . 12 12
Ballot where conflicting measures are submitted to
the people . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1(a) Instruments
Certification of petitions . . . . . . . . . . . . . . . . . . . . . 2 1(a) Validation by special act prohibited . . . . . . . . . . . . . 2 28(9)
Change or amendment of initiative measure, prohibi-
tion against (Superseded by Amendment 26) 2 1(c) Insurance companies
(Amendment 26) . . . . . . . . . . . . . . . . . . . . . . . 2 41 Liability of stockholders . . . . . . . . . . . . . . . . . . . . . . 12 11
Conflicting measures . . . . . . . . . . . . . . . . . . . . . . . . 2 1(a)
Effective date of acts or bills subject to referendum Interest
(Superseded by Amendment 26). . . . . . . . . . . 2 1(c) Application of school fund interest . . . . . . . . . . . . . . 9 3
(Amendment 26) . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 41 On certain state debts to be provided for. . . . . . . . . . 8 1
Effective date of measure after approval on submis- Private interest in bills to be disclosed by legislators 2 30
sion to the people . . . . . . . . . . . . . . . . . . . . . . 2 1(d) Regulation by special law prohibited . . . . . . . . . . . . 2 28(13)
Election at which proposed measure is submitted to
voter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1(a) Intoxicating liquors (See Prohibition)
Election for amendment or repeal of bills approved
by electors (Superseded by Amendment 26) 2 1(c) Invalid instruments
(Amendment 26) . . . . . . . . . . . . . . . . . . . . . . . 2 41 Validation by special act prohibited . . . . . . . . . . . . . 2 28(9)
Exceptions from power of referendum . . . . . . . . . . 2 1(b)
Extent of power of referendum . . . . . . . . . . . . . . . . 2 1(b) Invasion and attack
Filing petition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1(a) Government continuity, legislative authority . . . . . . 2 42
Legislature, referendum through action of. . . . . . . . 2 1(b) State may contract debts above limit to repel . . . . . . 8 2
Lotteries, sixty percent vote required. . . . . . . . . . . . 2 24 Suspension of habeas corpus allowed . . . . . . . . . . . . 1 13
Majority vote as required for approval of measure
submitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1(d) Investment
Member of legislature as retaining right to introduce Higher education permanent funds . . . . . . . . . . . . . . 16 6
measure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1(d) Industrial insurance trust fund . . . . . . . . . . . . . . . . . . 29 1
Number of votes required to approve measure . . . . 2 1(d) Public pension and retirement funds . . . . . . . . . . . . . 29 1
Part of bill, effect of filing referendum petition School funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3
against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1(d) 16 5
Percentage of voters required on referendum petition 2 1(b)
Percentage of voters required to propose measures Irrigation
by petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1(a) Use of waters for, deemed public use . . . . . . . . . . . . 21 1
Petition, referendum on . . . . . . . . . . . . . . . . . . . . . . 2 1(b)
2 1(d) Jeopardy
Petition to propose measures . . . . . . . . . . . . . . . . . . 2 1(a) No person to be twice put in for same offense . . . . . 1 9
2 1(d)
Precedence of initiative measures over other bills. . 2 1(a) Joint senatorial or representative district
Proposal of different measure by legislature . . . . . . 2 1(a) Filling of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 15
Publication of measures referred to the people . . . . 2 1(e)
Regular election, reference of measures at . . . . . . . 2 1(d) Joint stock companies
Rejection of initiative measure by legislature . . . . . 2 1(a) Combinations in restraint of trade forbidden . . . . . . 12 22
Repeal of bill approved (Superseded by Amendment Liability of stockholders . . . . . . . . . . . . . . . . . . . . . . 12 11
26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1(c) Term "corporation" includes . . . . . . . . . . . . . . . . . . . 12 5
(Amendment 26) . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 41
Reservation by the people of the power of initiative 2 1(a) Journal
Reservation of power in the people . . . . . . . . . . . . . 2 1 Each house to keep . . . . . . . . . . . . . . . . . . . . . . . . . . 2 11
Reservation of power of referendum . . . . . . . . . . . . 2 1(b) Entry of ayes and noes. . . . . . . . . . . . . . . . . . . . . . . .
Salaries for legislators, elected state officials, and On demand of one-sixth . . . . . . . . . . . . . . . . . . 2 21
judges, referendum petition . . . . . . . . . . . . . . 28 1 On introduction of bills later than ten days
Secretary of state, certification of results of initiative before close of session. . . . . . . . . . . . . . . 2 36
to legislature . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1(a) On nominations of officers for state institutions 13 1
Secretary of state, filing referendum petition with . 2 1(d) On passage of bill . . . . . . . . . . . . . . . . . . . . . . . 2 22
Secretary of state, initiative petition filed with . . . . 2 1(a) On passage of emergency clause (Stricken by
Self-executing, amendment as . . . . . . . . . . . . . . . . . 2 1(d) Amendment 7) . . . . . . . . . . . . . . . . . . . . . 2 31
Signatures required . . . . . . . . . . . . . . . . . . . . . . . . . 2 1(a) On proposed constitutional amendments . . . . . 23 1
Special election, reference of measures to people at 2 1(d) Publication of, except portions requiring secrecy . . . 2 11
Special indebtedness, how authorized . . . . . . . . . . . 8 3 Votes
Style of bill proposed by initiative petition . . . . . . . 2 1(d) On elections by legislature entered . . . . . . . . . 2 27
Time for filing referendum petition against measure On removal of judges, etc., entered . . . . . . . . . 4 9
passed by legislature . . . . . . . . . . . . . . . . . . . . 2 1(d)

(Rev. 12-10) [Page 101]


Index Constitution of the State of Washington

Judge pro tempore Judgment


In superior court, provision for . . . . . . . . . . . . . . . . 4 2(a),7 Belonging to territory inures to state . . . . . . . . . . . . . 27 4
Temporary judicial duties in supreme court. . . . . . . 4 2(a) Extent of, on impeachment . . . . . . . . . . . . . . . . . . . . 5 2
Of one judge of superior court to be of same force as
Judges of all . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5
Absence from state vacates office . . . . . . . . . . . . . . 4 8 Of superior court to be given within ninety days after
Except where governor extends leave of submission, except . . . . . . . . . . . . . . . . . . . . . . 4 20
absence . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8
Not to charge juries as to matters of fact . . . . . . . . . 4 16 Judicial administration
But to declare the law . . . . . . . . . . . . . . . . . . . . . . . 4 16 Must be open and without delay . . . . . . . . . . . . . . . . 1 10
Practice of law prohibited . . . . . . . . . . . . . . . . . . . . 4 19 Temporary performance of judicial duties . . . . . . . . 4 2(a)
Removal by supreme court . . . . . . . . . . . . . . . . . . . 4 31
Removal from office by legislature . . . . . . . . . . . . . 4 9 Judicial conduct, commission on. . . . . . . . . . . . . . . . . . . 4 31
Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3(a)
Retirement by supreme court . . . . . . . . . . . . . . . . . . 4 31 Judicial decisions
Salaries may be increased . . . . . . . . . . . . . . . . . . . . 30 1 Of Supreme court
Salaries payable quarterly . . . . . . . . . . . . . . . . . . . . 4 14 All decisions to be in writing and grounds
(See Judges of court of appeals; Judges pro tempore; stated . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2
Judges of superior court; Judges of supreme Concurrence by majority of court necessary . . 4 2
court) Publication required . . . . . . . . . . . . . . . . . . . . . 4 21
Free to anyone . . . . . . . . . . . . . . . . . . . . . . . . . 4 21
Judges of court of appeals . . . . . . . . . . . . . . . . . . . . . . . 4 30 Reporter for, to be appointed . . . . . . . . . . . . . . 4 18

Judges of superior court Judicial officers


Court commissioners, appointment of . . . . . . . . . . . 4 23 Absence forfeits office, when . . . . . . . . . . . . . . . . . . 4 8
Decisions within ninety days after submission . . . . 4 20 Compensation by fees prohibited, except . . . . . . . . . 4 13
Disqualified unless admitted to practice in state . . . 4 17 Impeachment, liable to, exceptions . . . . . . . . . . . . . . 5 2
Each judge invested with powers of all . . . . . . . . . . 4 5 Oath of office prescribed . . . . . . . . . . . . . . . . . . . . . . 4 28
May sit in any county . . . . . . . . . . . . . . . . . . . 4 5 Recall, not subject to . . . . . . . . . . . . . . . . . . . . . . . . . 1 33,34
Elections of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5,29 Removal by legislature . . . . . . . . . . . . . . . . . . . . . . . 4 9
First election . . . . . . . . . . . . . . . . . . . . . . . . . . 27 12 Removal by supreme court . . . . . . . . . . . . . . . . . . . . 4 31
Ineligible to other than judicial office . . . . . . . . . . . 4 15 (See Court commissioners; Judges; Judges of
Not to charge juries as to matters of fact . . . . . . . . . 4 16 supreme and superior courts; Justice of peace)
But to declare the law . . . . . . . . . . . . . . . . . . . 4 16
Oath of office prescribed for . . . . . . . . . . . . . . . . . . 4 28 Judicial power
Other superior court, duties in . . . . . . . . . . . . . . . . . 4 2(a) Vested in what courts. . . . . . . . . . . . . . . . . . . . . . . . . 4 1
Practice of law prohibited . . . . . . . . . . . . . . . . . . . . 4 19
Pro tempore judge . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2(a),7 Judicial qualifications commission
Recall, judges not subject to . . . . . . . . . . . . . . . . . . 1 33,34 (See Commission on judicial conduct)
Removal by supreme court . . . . . . . . . . . . . . . . . . . 4 31
Report defects in law to supreme court . . . . . . . . . . 4 25 Judicial question
Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3(a) Public use in eminent domain . . . . . . . . . . . . . . . . . . 1 16
Rules of court, shall establish . . . . . . . . . . . . . . . . . 4 24
Salaries (See Salaries) Jurisdiction
Apportionment of . . . . . . . . . . . . . . . . . . . . . . 4 13 Court of appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 30
Increase in salary. . . . . . . . . . . . . . . . . . . . . . . 30 1 Equity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6
Sessions of court may be held in any county on Inferior courts, legislature to prescribe . . . . . . . . . . . 4 12
request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Justice of peace, as legislature may fix . . . . . . . . . . . 4 10
Supreme court duty, performance upon request . . . 4 2(a) Not to trench on courts of record . . . . . . . . . . . 4 10
Term of office and when begins. . . . . . . . . . . . . . . . 4 5 Of offenses committed on public conveyances . . . . . 1 22
Temporary judicial duties. . . . . . . . . . . . . . . . . . . . . 4 2(a) Superior court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6
Writs may be issued by . . . . . . . . . . . . . . . . . . . . . . 4 6 Supreme court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4
(See Judges; Superior court) United States over reserved lands . . . . . . . . . . . . . . . 25 1
(See Criminal action)
Judges of supreme court
Chief justice, how determined . . . . . . . . . . . . . . . . . 4 3 Juror
Clerk to be appointed by . . . . . . . . . . . . . . . . . . . . . 4 22 Number necessary for verdict . . . . . . . . . . . . . . . . . . 1 21
Disqualified, unless admitted to practice in state. . . 4 17 Religious beliefs not grounds of incompetency . . . . 1 11
Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3
Ineligible to other than judicial office . . . . . . . . . . . 4 15 Jury
Issuance of writs authorized. . . . . . . . . . . . . . . . . . . 4 4 Charging, duty of judge. . . . . . . . . . . . . . . . . . . . . . . 4 16
Oath of office prescribed . . . . . . . . . . . . . . . . . . . . . 4 28 Criminal action, right of accused in . . . . . . . . . . . . . 1 22
Practice of law prohibited . . . . . . . . . . . . . . . . . . . . 4 19 Eminent domain proceedings . . . . . . . . . . . . . . . . . . 1 16
Recall, judges not subject to . . . . . . . . . . . . . . . . . . 1 33,34 Number in courts not of record . . . . . . . . . . . . . . . . . 1 21
Removal by supreme court . . . . . . . . . . . . . . . . . . . 4 31 Right of trial by remains inviolate. . . . . . . . . . . . . . . 1 21
Reporter, appointment of . . . . . . . . . . . . . . . . . . . . . 4 18 Waiver in civil cases may be had . . . . . . . . . . . 1 21
Reports of defects in laws to governor . . . . . . . . . . 4 25 Verdict by less than twelve may be authorized . . . . . 1 21
Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3(a) (See Grand jury; Juror)
Salaries (See Salaries)
Increase in salary. . . . . . . . . . . . . . . . . . . . . . . 30 1 Justice
Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 13 Administration must be open and without delay. . . . 1 10
Temporary judicial duties, power to authorize. . . . . 4 2(a)
Term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Justice of peace
Vacancies, how filled . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Appeal lies to superior court . . . . . . . . . . . . . . . . . . . 4 6
(See Judges; Supreme court) Cannot be made court of record . . . . . . . . . . . . . . . . 4 11
Duties to be prescribed by legislature . . . . . . . . . . . . 4 10

[Page 102] (Rev. 12-10)


Index to State Constitution Index

Fees prohibited, when . . . . . . . . . . . . . . . . . . . . . . . 4 10 Authority generally. . . . . . . . . . . . . . . . . . . . . . 2 1


Jurisdiction, legislature to determine . . . . . . . . . . . . 4 10 Bribery of members, how punished . . . . . . . . . 2 30
Not to trench on courts of record . . . . . . . . . . 4 10 Committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 12
Number, legislature to determine . . . . . . . . . . . . . . . 4 10 Compensation and mileage of members (Par-
Police justice in cities may be chosen from . . . . . . . 4 10 tially repealed by Amendments 20 and
Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10 54) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 23
Increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 1 Consists of senate and house of representatives 2 1
Unsalaried, excepted from prohibition against com- Constitution, departure from during emergency
pensation by fees. . . . . . . . . . . . . . . . . . . . . . . 4 13 due to enemy attack . . . . . . . . . . . . . . . . . 2 42
Vacancy in office, how filled . . . . . . . . . . . . . . . . . . 11 6 Contempts punishable by each house. . . . . . . . 2 9
Vested with judicial power. . . . . . . . . . . . . . . . . . . . 4 1 Convening in extra session at call of governor 3 7
(See Judicial officers) Convening in extra session by legislature . . . . 2 12
Corrupt solicitation of members. . . . . . . . . . . . 2 30
Land commissioner (See Commissioner of public lands) Disorderly behavior punishable by each house 2 9
Election of members, each house judge of. . . . 2 8
Lands Eligible to membership, who are . . . . . . . . . . . 2 7
Alien ownership prohibited, exceptions (Repealed Expulsion of member requires two-thirds vote 2 9
by Amendment 42) . . . . . . . . . . . . . . . . . . . . . 2 33 Journal, each house to keep and publish . . . . . 2 11
Granted lands, restrictions on sale . . . . . . . . . . . . . . 16 1 Members
For educational purposes, sale of . . . . . . . . . . 16 2,3 From what civil offices excluded . . . . . . 2 13
Plat of state lands in cities required before sale . . . . 16 4 Not liable for words spoken in debate. . . 2 17
Limit on amount offered in one parcel . . . . . . 16 4 Private interest in bill to be disclosed . . . 2 30
Quantity of state land that may be sold in one parcel 16 4 Privilege. . . . . . . . . . . . . . . . . . . . . . . . . .
Reclamation, public use in taking for . . . . . . . . . . . 1 16 From arrest, except. . . . . . . . . . . . . 2 16
Restrictions on selling school lands. . . . . . . . . . . . . 16 2,3 From civil process, when . . . . . . . . 2 16
Settlement, public use in taking property for. . . . . . 1 16 Number of members . . . . . . . . . . . . . . . . . . . . . 2 2
Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Office accepted under United States vacates
Of Indians lands . . . . . . . . . . . . . . . . . . . . . . . 26 2 seat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 14
Of lands of nonresidents . . . . . . . . . . . . . . . . . 26 2 Officers
Of United States, none to be imposed. . . . . . . 26 2 Each house to elect its own . . . . . . . . . . . 2 10
Timber and stone on state lands may be sold, how . 16 3 Federal and foreign, ineligible to mem-
bership . . . . . . . . . . . . . . . . . . . . . . 2 14
Law of the land Quorum, majority to constitute . . . . . . . . . . . . 2 8
Constitution of United States is supreme . . . . . . . . . 1 2 Reapportionment after each census . . . . . . . . . 2 43
Records, secretary of state to keep . . . . . . . . . . 3 17
Laws Redistricting . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 43
Bills of attainder prohibited . . . . . . . . . . . . . . . . . . . 1 23 Rules of proceedings, each house to determine 2 9
Corporations, statutory regulations may be amended Sessions
or repealed. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1 Must be open, exceptions . . . . . . . . . . . . 2 11
Defects and omissions to be reported annually . . . . 4 25 Regular . . . . . . . . . . . . . . . . . . . . . . . . . . 2 12
Effective date Special . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 12
(Stricken by Amendment 7) . . . . . . . . . . . . . . 2 31 Time of meeting . . . . . . . . . . . . . . . . . . . 2 12
(Superseded by Amendment 26). . . . . . . . . . . 2 1(c) Vacancies, how filled . . . . . . . . . . . . . . . . . . . . 2 15
(Amendment 26) . . . . . . . . . . . . . . . . . . . . . . . 2 41 Vote on elections to be viva voce. . . . . . . . . . . 2 27
Enacting clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 18 None when member has private interest
Initiative measure . . . . . . . . . . . . . . . . . . . . . . 2 1(d) in bill. . . . . . . . . . . . . . . . . . . . . . . . 2 30
Ex post facto, prohibited . . . . . . . . . . . . . . . . . . . . . 1 23 DUTIES
Governor’s approval, presentation for . . . . . . . . . . . 3 12 Accountability of county and local officers to
Passage over veto . . . . . . . . . . . . . . . . . . . . . . 3 12 be provided for . . . . . . . . . . . . . . . . . . . . 11 5
Without approval, how becomes effective . . . 3 12 Accounting for state receipts and expenditures
Impairing obligation of contracts prohibited . . . . . . 1 23 to be prescribed . . . . . . . . . . . . . . . . . . . . 7 7
Initiative measures (See Initiative and referendum) Appropriation for expenses of constitutional
Legislative enactments to be by bill. . . . . . . . . . . . . 2 18 convention to be made. . . . . . . . . . . . . . . 27 19
Requisites on final passage of bill . . . . . . . . . 2 22 Bureau of statistics to be established . . . . . . . . 2 34
Special legislation prohibited in certain cases . . . . . 2 28 Cities, incorporation by general laws to be pro-
State debt authorized for some single work, condi- vided . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 10
tions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Classification of counties, for purpose of pre-
Territorial, to remain in force until altered, except . 27 2 scribing compensation . . . . . . . . . . . . . . . 11 5
(See Acts; Bill; Statutes) Combinations affecting prices, etc., punish-
ment to be provided . . . . . . . . . . . . . . . . . 12 22
Lease Commissioner of public lands, duties and com-
Of corporate franchise not to relieve from liability . 12 8 pensation to be provided . . . . . . . . . . . . . 3 23
Of harbor areas for building wharves, limitations . . 15 2 Compensation
State building authority, by . . . . . . . . . . . . . . . . . . . 8 9 Of county and local officers to be regu-
lated . . . . . . . . . . . . . . . . . . . . . . . . 11 5
Legal holiday Of officers, change during term (See Sal-
Superior courts not open . . . . . . . . . . . . . . . . . . . . . 4 6 aries)
Writs that may be issued and served on . . . . . . . . . . 4 6 Congressional districts, state to be divided into
(Repealed by Amendment 74). . . . . . . . . 27 13
Legislature Contested elections of state officers to be
COMPOSITION AND ORGANIZATION decided by . . . . . . . . . . . . . . . . . . . . . . . . 3 4
Absentees, less than a quorum may compel Convict labor to be provided for . . . . . . . . . . . 2 29
their attendance . . . . . . . . . . . . . . . . . . . 2 8 County government, system of, to be estab-
Adjournment, restrictions on . . . . . . . . . . . . . 2 11 lished . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4
Apportionment of members . . . . . . . . . . . . . . 22 1,2 Court of appeals, as to . . . . . . . . . . . . . . . . . . . 4 30
Reapportionment after each census . . . . 2 43 Divorces not to be granted by. . . . . . . . . . . . . . 2 24

(Rev. 12-10) [Page 103]


Index Constitution of the State of Washington

Drugs and medicines, sale to be regulated . . . 20 2 Voting, method to be provided by . . . . . . . . . . 6 6


Elections ENACTMENT OF LAWS
Certificates of, to be given certain state Act, how revised or amended . . . . . . . . . . . . . . 2 37
officers . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of bill . . . . . . . . . . . . . . . . . . . . . . 2 38
Election of necessary county officers, Bill to contain but one subject . . . . . . . . . . . . . 2 19
duty to provide for . . . . . . . . . . . . 11 5 Emergency, national-Government continuity
President, voting for, implementation . . 6 1A authorizing special legislation . . . . . . . . . 2 42
Qualifications of voters to be regulated Enacting clause. . . . . . . . . . . . . . . . . . . . . . . . . 2 18
(Amended by Amendment 63) . . . 6 1 Initiative and referendum measures (See Initia-
Employees in dangerous employments to be tive and referendum)
protected by law . . . . . . . . . . . . . . . . . . . 2 35 Laws to be enacted by bill . . . . . . . . . . . . . . . . 2 18
Governmental continuity during emergency Take effect, when (Stricken by Amend-
periods, to provide for . . . . . . . . . . . . . . 2 42 ment 7) . . . . . . . . . . . . . . . . . . . . . . 2 31
Harbor lines, commission to establish, to be Presiding officer of each house to sign bills. . . 2 32
appointed . . . . . . . . . . . . . . . . . . . . . . . . 15 1 Rules for signing bills may be prescribed . . . . 2 32
Health, board of, to be established . . . . . . . . . 20 1 Style of laws . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 18
Homesteads to be protected from forced sale . 19 1 Title of bill to disclose object . . . . . . . . . . . . . . 2 19
Initiative measures (See Initiative and referen- Veto of bill, and passage over . . . . . . . . . . . . . 3 12
dum) . . . . . . . . . . . . . . . . . . . . . . . . . . . . When bills must be introduced, exceptions . . . 2 36
Judicial qualifications commissioners, terms Yeas and nays, entry on journal required, when 2 21,22
and compensation to be provided . . . . . 4 31 POWERS
Justice of peace, number, powers and duties to Abolition of certain state offices permitted . . . 3 25
be prescribed . . . . . . . . . . . . . . . . . . . . . 4 10 Appropriation of public funds (See Appropria-
Lease of harbor areas for wharves to be pro- tions)
vided. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2 Banking corporations, power to limit liability
Medicine and surgery, practice of, to be regu- of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 11
lated . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2 Chaplain for penal and reformatory institutions
Militia, organization and discipline to be pro- may be employed. . . . . . . . . . . . . . . . . . . 1 11
vided for . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Charters of corporations cannot be extended . . 12 3
Officers of counties, townships, precincts, and Clerk of supreme court, election may be pro-
districts. . . . . . . . . . . . . . . . . . . . . . . . . . vided for . . . . . . . . . . . . . . . . . . . . . . . . . 4 22
Duties, elections, and terms of office to Constitution
be prescribed . . . . . . . . . . . . . . . . . 11 5 Amendment may be proposed in either
Classification of counties by population house. . . . . . . . . . . . . . . . . . . . . . . . 23 1
in enumerating duties of county Departure from during emergency due to
officers . . . . . . . . . . . . . . . . . . . . . 11 5 enemy attack. . . . . . . . . . . . . . . . . . 2 42
Officers not provided for in Constitution, legis- Revision, convention for may be agreed
lature to provide for election and terms . 27 11 on . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2
Passes Corporate property and franchises may be
Grant of to public officers to be prevented 12 20 taken for public use . . . . . . . . . . . . . . . . . 12 10
Use by public officers to be prohibited . 2 39 Corporations, regulation of. . . . . . . . . . . . . . . . 12 1
Port district promotional activities . . . . . . . . . 8 8 Courts of record, power to establish. . . . . . . . . 4 11
Private interest in bill, members to declare. . . 2 30 Divorces not to be granted by. . . . . . . . . . . . . . 2 24
Public arms, safekeeping and protection Duties of county officer, power to prescribe . . 11 5
required . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Elective franchise may be granted to women in
Public school system to be established . . . . . . 9 2 school elections (Stricken by Amend-
Publication of opinions of supreme court to be ment 5). . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2
provided for . . . . . . . . . . . . . . . . . . . . . . 4 21 Emergency, authorizing special powers during
Recall of public officers (See Recall of offic- periods of . . . . . . . . . . . . . . . . . . . . . . . . . 2 42
ers) Exemptions from taxation, power to provide
Redistricting plan and commission . . . . . . . . . 2 43 (See Taxation) . . . . . . . . . . . . . . . . . . . . .
Referendum (See Initiative and referendum) Extra compensation to officers for past services
Registration law to be enacted . . . . . . . . . . . . 6 7 prohibited. . . . . . . . . . . . . . . . . . . . . . . . . 2 25
Salaries of county officers and certain consta- Fees of county officers, power to provide
bles to be fixed . . . . . . . . . . . . . . . . . . . . 11 5 accountability for. . . . . . . . . . . . . . . . . . . 11 5
Sale of school and university lands, confirma- Forfeitures of corporate franchises may be
tion to be made. . . . . . . . . . . . . . . . . . . . 16 2 declared for unlawful combinations . . . . 12 22
School funds, investment . . . . . . . . . . . . . . . . 9 3 Remission of, prohibited . . . . . . . . . . . . . 12 3
16 5 Harbor areas, building on, may be provided for
Seat of government, choice of location to be by general law . . . . . . . . . . . . . . . . . . . . . 15 2
provided for . . . . . . . . . . . . . . . . . . . . . . 14 1 Inferior courts
Soldiers’ home, maintenance to be provided . 10 3 May be provided . . . . . . . . . . . . . . . . . . . 4 1
Suits against state, manner of bringing, to be Powers of, shall be prescribed . . . . . . . . . 4 12
directed. . . . . . . . . . . . . . . . . . . . . . . . . . 2 26 Irrevocable privilege or franchise, power to
Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . grant denied . . . . . . . . . . . . . . . . . . . . . . . 1 8
Corporate property to be under general Jury, number for panel and for verdict may be
law (Stricken by Amendment 14) 7 3 fixed at less than twelve . . . . . . . . . . . . . 1 21
Deficiencies and expenses to be met by 7 8 Lotteries, may authorize by 60% vote . . . . . . . 2 24
Exemption of limited amount of person- Municipal corporations may be vested with
alty. . . . . . . . . . . . . . . . . . . . . . . . . 7 1 power to make local improvements. . . . . 7 9
Retired persons exemption, implementa- Nonrecourse revenue bonds, authorization . . . 32 1
tion . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Number of judges of supreme court may be
Uniform on same class of property . . . . 7 1 increased . . . . . . . . . . . . . . . . . . . . . . . . . 4 2
Telegraph and telephone regulations to be pro- Private or special laws prohibited . . . . . . . . . . 2 28
vided. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Public corporations not to be created by special
Vital statistics, bureau of, to be established . . 20 1 act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 10

[Page 104] (Rev. 12-10)


Index to State Constitution Index

Public funds, power to provide for accounting Limiting production


as to . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 Combination for, prohibited . . . . . . . . . . . . . . . . . . . 12 22
Railroad commission may be established . . . . 12 18
Rates for freights and passengers Literacy
Discrimination may be prevented . . . . . 12 18 Qualification of voters (Amended by Amendment
Maximum, may be established . . . . . . . 12 18 63). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1
Removal of judges, attorney general, and pros-
ecuting attorneys . . . . . . . . . . . . . . . . . . 4 9 Loans
Reservation of power in people (See Initiative Prohibition against loan of school fund to private
and referendum) . . . . . . . . . . . . . . . . . . . persons or corporations (Amended by Amend-
Retirement age of judges, power to fix, limita- ment 44) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5
tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3(a) State may borrow to meet debts . . . . . . . . . . . . . . . . 8 1
Salaries of judges (See Salaries) . . . . . . . . . . .
Salaries of state officers (See Salaries) Local improvements
School fund (common) may be enlarged . . . . 9 3 Authority of cities to levy special taxes for. . . . . . . . 7 9
Seat of government cannot be changed by . . . 14 1
Senate and house of representatives, legislative Local officers
authority vested in . . . . . . . . . . . . . . . . . 2 1 Eligible to legislature. . . . . . . . . . . . . . . . . . . . . . . . . 2 14
Separate departments of supreme court may be
provided . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Lotteries
Sex equality, power to enforce . . . . . . . . . . . . 31 1,2 Prohibited, except . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 24
Sheriff, providing for election of . . . . . . . . . . 11 5
Special sessions. . . . . . . . . . . . . . . . . . . . . . . . 2 12 Majority
State building authority may be provided . . . . 8 9 Necessary in impeachment . . . . . . . . . . . . . . . . . . . 5 1
Supreme court judges, number may be Passage of bills requires . . . . . . . . . . . . . . . . . . . . . 2 22
increased . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Petition for division of county requires. . . . . . . . . . 11 3
Taxation Quorum of each house constituted by . . . . . . . . . . . 2 8
Corporate authorities may be vested with Special act to declare a person of age prohibited . . 2 28(11)
power by general laws . . . . . . . . . 11 12
Exemption of limited personal property 7 1 Malfeasance
Levy to meet fiscal deficiencies. . . . . . . 7 8 Officers liable to impeachment for . . . . . . . . . . . . . 5 2
Local cannot be imposed by . . . . . . . . . 11 12 Recall for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 33,34
Special assessment for local improve- Removal by law, if not subject to impeachment . . . 5 3
ments, power may be vested in cor-
porate authorities. . . . . . . . . . . . . . 7 9 Mandamus
Terms of county officers, powers to prescribe 11 5 Original and appellate jurisdiction of supreme court 4 4
Vetoed bills, convening extraordinary session Original jurisdiction of superior court. . . . . . . . . . . 4 6
to reconsider. . . . . . . . . . . . . . . . . . . . . . 3 12
Voters, authority to define manner of ascertain- Mandatory
ing qualifications (Amended by Amend- Constitutional provisions are. . . . . . . . . . . . . . . . . . 1 29
ment 63) . . . . . . . . . . . . . . . . . . . . . . . . . 6 1
(See House of representatives; Initiative and Manufacturing purposes
referendum; Senate) . . . . . . . . . . . . . . . . Use of waters for, deemed public use . . . . . . . . . . . 21 1

Liabilities Medicine
Corporate, not relieved by alienation or lease of fran- Practice and sale, legislature to regulate . . . . . . . . . 20 2
chise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8
Extinguishment by special legislation prohibited . . 2 28(10) Men
Territorial assumed by state . . . . . . . . . . . . . . . . . . . 26 3 Equal rights and responsibility . . . . . . . . . . . . . . . . 31 1,2

Liberty Mental Incompetency


Deprivation of without due process of law forbidden 1 3 Exclusion from voting . . . . . . . . . . . . . . . . . . . . . . . 6 3

Licentious acts Messages


Guarantee of freedom of conscience in matters of Governor to communicate with legislature by . . . . 3 6
religious worship does not justify . . . . . . . . . . 1 11
Mileage
Lieutenant governor Members of legislature entitled to (Partially
Acts as governor, when . . . . . . . . . . . . . . . . . . . . . . 3 10 repealed by Amendment 20) . . . . . . . . . . . . . 2 23
Deciding vote, in case of tie in senate . . . . . . . . . . . 2 10
Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1 Military
Impeachment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1,2 Duty not to be required on election day, except . . . 6 5
Office may be abolished by legislature . . . . . . . . . . 3 25 Not to interfere with elections . . . . . . . . . . . . . . . . . 1 19
Presiding officer of senate . . . . . . . . . . . . . . . . . . . . 3 16 Subordinate to civil power . . . . . . . . . . . . . . . . . . . 1 18
In absence, who presides. . . . . . . . . . . . . . . . . 2 10 (See Army; Militia)
Salary of (See Salaries)
Succession to office of governor . . . . . . . . . . . . . . . 3 10 Militia
Term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Citizens subject to duty in . . . . . . . . . . . . . . . . . . . . 10 1
Who exempt . . . . . . . . . . . . . . . . . . . . . . . . . . 10 1
Life Exemption to persons having conscientious scru-
Deprivation of without due process of law prohibited 1 3 ples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6
Governor to be commander-in-chief . . . . . . . . . . . . 3 8
Limitation of actions Governor’s power to call forth . . . . . . . . . . . . . . . . 10 2
Special legislation prohibited. . . . . . . . . . . . . . . . . . 2 28(17) Members entitled to admission to soldiers’ home,
when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3
Limitation on levies 7 2 Officer of

(Rev. 12-10) [Page 105]


Index Constitution of the State of Washington

Election and appointment . . . . . . . . . . . . . . . . 10 2 Legislature may provide for . . . . . . . . . . . . . . . . . . 4 1


. . . . . . . . . . . . . . Eligible to legislature, when 2 14
Organization and discipline . . . . . . . . . . . . . . . . . . . 10 2 Municipal fines
Privilege from arrest, when . . . . . . . . . . . . . . . . . . . 10 5 Appellate jurisdiction of supreme court . . . . . . . . . 4 4
(See Arms; Army; Military) Original jurisdiction of superior court. . . . . . . . . . . 4 6

Mines Municipal indebtedness


Protection of employees, laws to be passed. . . . . . . 2 35 Limitations and restrictions on . . . . . . . . . . . . . . . . 8 6
Yield tax or au valorem tax authorized . . . . . . . . . . 7 1 (See City; Towns and villages)

Mining purposes Names


Use of water for, deemed public use . . . . . . . . . . . . 21 1 Change of, by special legislation prohibited . . . . . . 2 28(1)

Minors Naturalization
Property of, not to be affected by special laws . . . . 2 28(4),(11) Power of, vested in superior court. . . . . . . . . . . . . . 4 6
(See Children; Majority)
Navigable waters
Misdemeanors Harbor lines, commission to be established to
Original jurisdiction of superior court . . . . . . . . . . . 4 6 locate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1
Ownership of state in beds and shores asserted . . . 17 1
Money
Corporations etc. not to issue anything but lawful New county
money of United States . . . . . . . . . . . . . . . . . . 12 11 Formation by special act not prohibited . . . . . . . . . 2 28(18)
Disbursement from state treasury . . . . . . . . . . . . . . 8 4 Restrictions on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3
Public officers to deposit with treasurer . . . . . . . . . 11 15
State Taxes payable in . . . . . . . . . . . . . . . . . . . . . . . 7 6 Nonjudicial days
Using public money by officer a felony. . . . . . . . . . 11 14 Certain writs may be issued and served on . . . . . . . 4 6
(See Public money) Superior courts not open on. . . . . . . . . . . . . . . . . . . 4 6
Supreme court need not be open on . . . . . . . . . . . . 4 2
Monopolies
Forbidden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 22 Nonrecourse revenue bonds
Forfeiture of franchise and property may be Industrial development projects . . . . . . . . . . . . . . . 32 1
declared . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 22
Penalties to be provided by law . . . . . . . . . . . . . . . . 12 22 Nonresidents
Taxation of lands of citizens of United . . . . . . . . . .
Motor vehicles States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 2
License fees and excise taxes to be placed in special
fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 40 Normal schools
Included in public school system . . . . . . . . . . . . . . 9 2
Municipal corporations
Appropriation of right-of-way . . . . . . . . . . . . . . . . . 1 16 Nuisance, action to abate
Cities of 10,000 or over may frame own charter . . . 11 10 Appellate jurisdiction of supreme court . . . . . . . . . 4 4
Combined city-county . . . . . . . . . . . . . . . . . . . . . . . 11 16 Original jurisdiction of superior court. . . . . . . . . . . 4 6
Corporate stock or bonds not to be owned by . . . . . 8 7
Credit or money not to be loaned, exceptions . . . . . 8 7 Oath of office
Debts Prescribed for judges . . . . . . . . . . . . . . . . . . . . . . . . 4 28
Expenditures for port district promotional Recall for violation of . . . . . . . . . . . . . . . . . . . . . . . 1 33,34
activities . . . . . . . . . . . . . . . . . . . . . . . . . 8 8
Release by special law prohibited. . . . . . . . . . 2 28(10) Oaths
Improvements, power to make by special taxation Mode of administering . . . . . . . . . . . . . . . . . . . . . . 1 6
or assessment . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Of judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 28
Indebtedness, limitations on. . . . . . . . . . . . . . . . . . . 8 6 Of senators in impeachment trials . . . . . . . . . . . . . . 5 1
Local affairs controlled by . . . . . . . . . . . . . . . . . . . . 11 11
Organization to be under general laws. . . . . . . . . . . 11 10 Obligation of contracts
Police and sanitary regulations enforced by . . . . . . 11 11 Not to be impaired by legislation . . . . . . . . . . . . . . 1 23
Private property not to be taken for debt of . . . . . . . 11 13
Public money to be deposited with treasurer . . . . . . 11 15 Offenses
Salary of officers (Partially repealed by Amend- Bailable, except . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 20
ment 54) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8 Existing, to be prosecuted in name of state . . . . . . . 27 5
(Amendment 54) . . . . . . . . . . . . . . . . . . . . . . . 30 1 Impeachment of public officers for . . . . . . . . . . . . . 5 2
Seals of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 Jeopardy, twice in, for same offense, forbidden . . . 1 9
Special act to create or amend charter prohibited . . 2 28(8) Prosecution by information or indictment. . . . . . . . 1 25
Streets, power to extend over tide lands . . . . . . . . . 15 3 Rights of accused. . . . . . . . . . . . . . . . . . . . . . . . . . . 1 22
Taxation Trial by jury, right of . . . . . . . . . . . . . . . . . . . . . . . . 1 21
Assessment and levy, power of. . . . . . . . . . . . 7 9
Exemption of municipal property from taxa- Office
tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1 Acceptance of, under United States or foreign
Imposition for local purposes prohibited to power vacates seat in legislature, exceptions . 2 14
legislature . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Bribery, a disqualification for . . . . . . . . . . . . . . . . . 2 30
Local power to assess and levy, where . . . . . . . . . . 11 12 Disqualification of legislators for certain civil
Term of officers not to be extended . . . . . . . . . . . . . 11 8 offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 13
Use of public money by official, a felony . . . . . . . . 11 14 Ineligibility for legislature of persons holding cer-
(See City; Municipal courts; Municipal fines; tain offices . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 14
Towns and villages) Judge, open to whom. . . . . . . . . . . . . . . . . . . . . . . . 4 15,17
Legislature may abolish certain offices. . . . . . . . . . 3 25
Municipal courts Religious qualification not to be required . . . . . . . . 1 11

[Page 106] (Rev. 12-10)


Index to State Constitution Index

Removal of judges, etc. by joint resolution of legis- State support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1


lature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9
Removal of judges or justices by supreme court . . . 4 31 Penalties
Vacancy in, how filled . . . . . . . . . . . . . . . . . . . . . . . 3 13 Accrued to territory, inure to state. . . . . . . . . . . . . . 27 3
Incurred, not affected by change in government . . . 27 5
Officers Remission by special act prohibited . . . . . . . . . . . . 2 28(14)
Abolition of certain state offices authorized . . . . . . 3 25 Violation of provisions against monopolies . . . . . . 12 22
Accountability for fees and money collected. . . . . . 11 5
Compensation, change during term (See Compensa- Penitentiary
tion) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chaplain, right to employ . . . . . . . . . . . . . . . . . . . . 1 11
Corrupt solicitation of, prohibited . . . . . . . . . . . . . . 2 30
County officer ineligible for more than two terms Pension funds, public
(Repealed by Amendment 22) . . . . . . . . . . . . 11 7 Investment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 1
County, township, precinct, and district election and Pension increase not extra compensation . . . . . . . . 2 25
compensation to be regulated by legislature . . 11 5
Election of People
First, under Constitution . . . . . . . . . . . . . . . . . 27 7 Political power inherent in . . . . . . . . . . . . . . . . . . . 1 1
When no provision in Constitution . . . . . . . . . 27 11 Public lands held in trust for . . . . . . . . . . . . . . . . . . 16 1
Extra compensation prohibited . . . . . . . . . . . . . . . . 2 25 Reservation of powers by . . . . . . . . . . . . . . . . . . . . 2 1
Guilty of felony, when uses public money. . . . . . . . 11 14 Right
Impeachment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Of petition and peaceful assemblage. . . . . . . . . . . . 1 4
Legislative, each house to elect . . . . . . . . . . . . . . . . 2 10 To religious liberty . . . . . . . . . . . . . . . . . . . . . 1 11
Local, may be members of legislature . . . . . . . . . . . 2 14 To security in home . . . . . . . . . . . . . . . . . . . . 1 7
Militia Rights retained not affected by grants in
Appointment or election of . . . . . . . . . . . . . . . 10 2 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 30
Without salary eligible to legislature . . . . . . . 2 14 Toleration of religious sentiment secured to . 26 1
Passes, use or acceptance by, forbidden. . . . . . . . . . 2 39
Public moneys to be deposited with treasurer . . . . . 11 15 Permanent school fund
Recall (See Recall of officers) 3 Investment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3
Removable by law, when not impeachable . . . . . . . 5 3 16 5
Salary, change, during term (See Salaries) (See Common school fund; Common school con-
Territorial and United States, how long to hold . . . . 27 6,14 struction fund; School fund)
Transportation passes
Issuance to, prohibited . . . . . . . . . . . . . . . . . . 12 20 Personal property
Use of, prohibited . . . . . . . . . . . . . . . . . . . . . . 2 39 Appellate jurisdiction of supreme court . . . . . . . . . 4 4
Trustees of state institutions, appointment. . . . . . . . 13 1 Power of legislature to exempt from taxation, limi-
(See Appointment; County officers; District offic- tations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1
ers; Governor; Lieutenant governor; Precinct Rolling stock of railroad is . . . . . . . . . . . . . . . . . . . 12 7
officers; Recall of officers; Salaries; State
officers; Term of office) Persons
Convicted of infamous crimes, excluded from elec-
Official acts tive franchise . . . . . . . . . . . . . . . . . . . . . . . . . 6 3
Validation by special laws prohibited . . . . . . . . . . . 2 28(12) School funds not to be loaned to (Amended by
Amendment 44) . . . . . . . . . . . . . . . . . . . . . . . 16 5
Omissions
In laws, annual report by judges . . . . . . . . . . . . . . . 4 25 Persons under disability
Sale or mortgage of property forbidden to be autho-
Open space lands rized by special law . . . . . . . . . . . . . . . . . . . . 2 28(4)
Taxation based on actual use . . . . . . . . . . . . . . . . . . 7 11
Petition
Opinions Right of, not to be abridged. . . . . . . . . . . . . . . . . . . 1 4
Of supreme court, publication . . . . . . . . . . . . . . . . . 4 21 (See Initiative and referendum; Recall of officers)

Original jurisdiction Police justice


Superior court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Justice of peace may be made . . . . . . . . . . . . . . . . . 4 10
Supreme court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4
Police power
Ownership of lands Counties, cities, towns, townships may exercise. . . 11 11
Prohibited to aliens, except (Repealed by Amend-
ment 42) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 33 Political power
Inherent in people . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1
Pardoning power
Governor vested with, subject to restrictions. . . . . . 3 9 Pooling
Report to legislature of pardons granted . . . . . . . . . 3 11 By common carriers prohibited (Repealed by
Amendment 67) . . . . . . . . . . . . . . . . . . . . . . . 2 4
Partnership (See Copartnerships) (See Combinations)

Pass Popular government (See Initiative and referendum)


Grant of, to public officers, prohibited . . . . . . . . . . 12 20
Use of, by public officers, prohibited . . . . . . . . . . . 2 39 Population
Classification of counties by . . . . . . . . . . . . . . . . . . 11 5
Passenger tariffs
Abuses and extortions to be prohibited . . . . . . . . . . 12 18 Port districts
Regulation by legislature authorized . . . . . . . . . . . . 12 18 Bonds, nonrecourse revenue for industrial develop-
ment projects . . . . . . . . . . . . . . . . . . . . . . . . . 32 1
Penal institutions Excepted from levy limitation . . . . . . . . . . . . . . . . . 7 2

(Rev. 12-10) [Page 107]


Index Constitution of the State of Washington

Promotional activities . . . . . . . . . . . . . . . . . . . . . . . 8 8 Proclamation of president


State Constitution to go into effect upon . . . . . . . . . 27 16
Postmaster
Eligible to legislature, when . . . . . . . . . . . . . . . . . . 2 14 Prohibition
Appellate and revisory jurisdiction of supreme
Powers court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4
Executive, vested in governor . . . . . . . . . . . . . . . . . 3 2 Original jurisdiction of superior court. . . . . . . . . . . 4 6
Initiative and referendum (See Initiative and refer- Sale of liquors, separate article (rejected) . . . . . . . . 27 17
endum) Writs of, may be issued and served on nonjudicial
Judicial, where vested . . . . . . . . . . . . . . . . . . . . . . . 4 1 days. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6
Legislative
During emergency periods caused by enemy Property
attack . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 42 Corporate, subject to eminent domain. . . . . . . . . . . 12 10
Where vested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 Deprivation without due process of law prohibited 1 3
Pardoning, where vested . . . . . . . . . . . . . . . . . . . . . 3 9 Private, not to be taken to pay public debts. . . . . . . 11 13
Taking for private use prohibited, exceptions . . . . . 1 16
Precinct officers Territorial, to vest in state . . . . . . . . . . . . . . . . . . . . 27 4
Election, duties, terms, and compensation to be pro- (See Personal property; Taxation)
vided for by legislature . . . . . . . . . . . . . . . . . . 11 5
Official bonds unaffected by change in government 27 14 Prosecuting attorney
Territorial, hold office until when . . . . . . . . . . . . . . 27 14 Election, duties, term, compensation, legislature to
Vacancies, how filled . . . . . . . . . . . . . . . . . . . . . . . . 11 6 provide for . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5
Removal from office by legislature . . . . . . . . . . . . . 4 9
President of senate
Lieutenant governor shall be . . . . . . . . . . . . . . . . . . 3 16 Prosecutions
Temporary presiding officer, when chosen . . . . . . . 2 10 Commenced before statehood, how conducted . . . . 27 5
Conducted in name of state . . . . . . . . . . . . . . . . . . . 4 27
Press May be by information or indictment . . . . . . . . . . . 1 25
Liberty of, secured . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5 Unaffected by change in government . . . . . . . . . . . 27 5
(See Criminal actions)
Prices
Combination to fix, prohibited. . . . . . . . . . . . . . . . . 12 22 Protection
Life, liberty and property entitled to . . . . . . . . . . . . 1 3
Private affairs Persons engaged in dangerous employments, provi-
Disturbance of, prohibited . . . . . . . . . . . . . . . . . . . . 1 7 sions for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 35
Public arms, provision for safekeeping . . . . . . . . . . 10 4
Private corporations (See Corporations)
Public arms
Private legislation Protection and safekeeping to be provided . . . . . . . 10 4
Prohibited in enumerated cases . . . . . . . . . . . . . . . . 2 28
Publication
Private property Amendments proposed to Constitution . . . . . . . . . . 23 1
Not to be taken for public debts. . . . . . . . . . . . . . . . 11 13 Liberty of, guaranteed . . . . . . . . . . . . . . . . . . . . . . . 1 5
Taking for public or private use . . . . . . . . . . . . . . . . 1 16 Of measures referred to the people . . . . . . . . . . . . . 2 1(e)
(See Eminent domain) Opinions of supreme court . . . . . . . . . . . . . . . . . . . 4 21
Receipts and expenditures of public money . . . . . . 7 7
Privilege
Irrevocable grant of, prohibited . . . . . . . . . . . . . . . . 1 8 Public corporations (See Municipal corporations)
Legislative members not subject to arrest or civil
process, when . . . . . . . . . . . . . . . . . . . . . . . . . 2 16 Public debts
Militia not to be arrested, when . . . . . . . . . . . . . . . . 10 5 Private property not to be taken in payment of . . . . 11 13
Voters privileged from arrest at election, except . . . 6 5
Public employment
Privileges Religious qualification not to be required . . . . . . . . 1 11
Equal to all citizens and corporations . . . . . . . . . . . 1 12
Hereditary, grant of, by state prohibited . . . . . . . . . 1 28 Public funds
Special, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . 1 12 Legislature to provide for accounting . . . . . . . . . . . 11 5
Private use of by officers felonious . . . . . . . . . . . . . 11 14
Probate courts (See Appropriations; Investments; Industrial insur-
Transfer from territorial to superior court . . . . . . . . 27 10 ance trust fund; Public pension funds; School
funds)
Probate matters
Appellate jurisdiction of supreme court. . . . . . . . . . 4 4 Public health
Original jurisdiction of superior court . . . . . . . . . . . 4 6 Exception from power of referendum of bills affect-
Transfer of jurisdiction from territorial probate ing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1(b)
court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 10 Laws regulating deleterious occupations to be
passed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 35
Process State board of, shall be created . . . . . . . . . . . . . . . . 20 1
Authority of superior court extends throughout
state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Public indebtedness
Legislators privileged from, when . . . . . . . . . . . . . . 2 16 Municipal, limit of. . . . . . . . . . . . . . . . . . . . . . . . . . 8 6
State courts may have served on lands of United State building authority . . . . . . . . . . . . . . . . . . . . . . 8 9
States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 1 State, limit of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1
Style of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 27 Exceptions to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2,3
Territorial to be valid . . . . . . . . . . . . . . . . . . . . . . . . 27 1 Territorial, assumed by state . . . . . . . . . . . . . . . . . . 26 3

[Page 108] (Rev. 12-10)


Index to State Constitution Index

(See City; County indebtedness; State indebtedness; Members of legislature . . . . . . . . . . . . . . . . . . . . . . 2 7


Towns and villages) Each house to be judge of. . . . . . . . . . . . . . . . 2 8
Religious, not to be required for public office . . . . 1 11
Public institutions State officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 25
Exception from power of referendum of bills affect- Voters, of (See Voter)
ing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 l(b)
State support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1 Quo warranto
Appellate and original jurisdiction of supreme
Public lands court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4
Disclaimer by state of title to unappropriated . . . . . 26 2 Original jurisdiction of superior court. . . . . . . . . . . 4 6
Granted to state held in trust for people. . . . . . . . . . 16 1
Sale only for full market value. . . . . . . . . . . . . . . . . 16 1 Quorum
Unappropriated to be subject to control of United Legislature
States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 2 Majority of each house to constitute . . . . . . . 2 8
(See Commissioner of public lands; Granted lands; Less number may adjourn and compel atten-
Lands; School lands) dance . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8
Supreme court, majority of judges necessary . . . . . 4 2
Public money
Accountability of public officers . . . . . . . . . . . . . . . 11 5 Race
Appropriation for religious worship prohibited . . . . 1 11 Discrimination in education on account of, prohib-
Deposit with treasurer required . . . . . . . . . . . . . . . . 11 15 ited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1
Energy, water, or stormwater or sewer services
loans for conservation . . . . . . . . . . . . . . . . . . . 8 10 Railroad and transportation commission
Statement of receipts and expenditures to be pub- May be established by legislature . . . . . . . . . . . . . . 12 18
lished annually . . . . . . . . . . . . . . . . . . . . . . . . 7 7
Using or making a profit out of, a felony. . . . . . . . . 11 14 Railroad companies
(See Money) Charges to any point not to exceed those to more
distant station . . . . . . . . . . . . . . . . . . . . . . . . . 12 15
Public office Combinations to regulate production or transporta-
Religious qualification not to be required . . . . . . . . 1 11 tion of commodities prohibited . . . . . . . . . . . 12 22
Sharing earnings forbidden (Repealed by Amend-
Public officer ment 67) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 14
Change of compensation during term (See Compen- Commission to control may be established . . . . . . . 12 18
sation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Common carriers, subject to legislative control 12 13
Religious qualifications, prohibition against . . . . . . 1 11 Connection at state line with foreign railroads
(See Officers) authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13
Consolidation with competing lines prohibited. . . . 12 16
Public pension funds Delay in receipt and transportation of connecting
Investment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 1 cars forbidden . . . . . . . . . . . . . . . . . . . . . . . . . 12 13
Pension increase not extra compensation . . . . . . . . 2 25 Discrimination
Between telegraph companies forbidden . . . . 12 19
Public property In charges between persons and places prohib-
Not to be applied to religious worship . . . . . . . . . . . 1 11 ited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 15
Excursion and commutation tickets may be granted 12 15
Public safety Express companies to be allowed equal terms . . . . 12 21
Exception from power of referendum of bills affect- Extortion and discrimination in rates to be pre-
ing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1(b) vented . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18
Ground for suspension of habeas corpus . . . . . . . . . 1 13 Grant of passes to public officers forbidden . . . . . . 12 20
Intersecting, crossing or connecting with other rail-
Public schools roads authorized . . . . . . . . . . . . . . . . . . . . . . . 12 13
Establishment and maintenance guaranteed . . . . . . 26 4 Maximum rates of fare and freight may be estab-
Free from sectarian control . . . . . . . . . . . . . . . . . . . 9 4 lished by law. . . . . . . . . . . . . . . . . . . . . . . . . . 12 18
26 4 Passes
Open to all children of state . . . . . . . . . . . . . . . . . . . 9 1 Acceptance and use by public officers unlaw-
26 4 ful. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 39
Superintendent of public instruction to have super- Issuance of, prohibited . . . . . . . . . . . . . . . . . . 12 20
vision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 22 Rolling stock subject to taxation and execution sale 12 17
System to be established by state. . . . . . . . . . . . . . . 9 2 Telegraph and telephone companies to be allowed
Including what . . . . . . . . . . . . . . . . . . . . . . . . 9 2 to use right-of-way . . . . . . . . . . . . . . . . . . . . . 12 19
(See Common schools; Education; High schools; Transfer of cars, when shall form connections for 12 13
Normal schools; Technical schools) (See Common carriers)

Public use Railway cars


Of state waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 1 Jurisdiction of public offense committed on . . . . . . 1 22
Taking of private property for . . . . . . . . . . . . . . . . . 1 16
(See Eminent domain) Ratification
Constitutional amendments . . . . . . . . . . . . . . . . . . . 23 1
Public utility districts Revision of Constitution . . . . . . . . . . . . . . . . . . . . . 23 3
Excepted from levy limitation . . . . . . . . . . . . . . . . . 7 2
Real property
Punishment Appellate jurisdiction of supreme court . . . . . . . . . 4 4
Bribery and corrupt solicitation, how punished . . . . 2 30 Original jurisdiction of superior court. . . . . . . . . . . 4 6
Cruel, not to be inflicted . . . . . . . . . . . . . . . . . . . . . 1 14 Retired persons tax exemption . . . . . . . . . . . . . . . . 7 10
Taxation based on actual use . . . . . . . . . . . . . . . . . . 7 11
Qualifications
Judges of supreme and superior courts . . . . . . . . . . 4 17 Rebellion or invasion

(Rev. 12-10) [Page 109]


Index Constitution of the State of Washington

Suspension of writ of habeas corpus . . . . . . . . . . . . 1 13 Reporter of supreme court 4 18


(See also Invasion and attack)
Reports
Recall of officers Decisions of supreme court . . . . . . . . . . . . . . . . . . . 4 21
Grounds for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 33 Defects and omissions in the laws. . . . . . . . . . . . . . 4 25
Legislature, duty to pass necessary laws to carry out
recall provisions . . . . . . . . . . . . . . . . . . . . . . . 1 34 Representative districts
Officers subject to . . . . . . . . . . . . . . . . . . . . . . . . . . 1 33 Apportionment among counties . . . . . . . . . . . . . . . 22 2
Percent of voters required for . . . . . . . . . . . . . . . . . 1 34 Vacancies, how filled. . . . . . . . . . . . . . . . . . . . . . . . 2 15
Petition for, content and filing requirements . . . . . . 1 33
Special election on petition for . . . . . . . . . . . . . . . . 1 33 Representatives
Apportionment among counties . . . . . . . . . . . . . . . 22 2
Receipts and expenditures Compensation and mileage . . . . . . . . . . . . . . . . . . . 2 23
Account of, to be published . . . . . . . . . . . . . . . . . . . 7 7 28 1
Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4,5
Reclamation Number of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2
Taking property for is public use . . . . . . . . . . . . . . . 1 16 Privilege
From arrest, except . . . . . . . . . . . . . . . . . . . . . 2 16
Recognizances From civil process, when . . . . . . . . . . . . . . . . 2 16
Territorial inure to state . . . . . . . . . . . . . . . . . . . . . . 27 4 Qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7
Valid and unaffected by change in government . . . 27 4 Reapportionment after each census . . . . . . . . . . . . . 2 43
Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4,5
Records Vacancy in office, how filled. . . . . . . . . . . . . . . . . . 2 15
Continuity of government in emergency periods due (See House of representatives; Recall of officers)
to enemy attack . . . . . . . . . . . . . . . . . . . . . . . . 2 42
Of legislature and executive department, secretary Reprieves
of state to keep . . . . . . . . . . . . . . . . . . . . . . . . 3 17 Report of, by governor to legislature. . . . . . . . . . . . 3 11
Of state officers to be kept at capital . . . . . . . . . . . . 3 24
Of territorial courts, transferred to superior courts . 27 8 Residence
Not affected by certain absences, for purposes of
Redistricting voting and eligibility to office . . . . . . . . . . . . 6 4
Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 43 Qualifications for voters . . . . . . . . . . . . . . . . . . . . . 6 1,1A
Legislature’s approval . . . . . . . . . . . . . . . . . . . . . . . 2 43 Retired persons tax exemption for. . . . . . . . . . . . . . 7 10
Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 43 State officers, where . . . . . . . . . . . . . . . . . . . . . . . . 3 24

Referendum (See Initiative and referendum) Residential energy conservation


Loan of credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10
Reforestation
Yield tax or au valorem tax authorized . . . . . . . . . . 7 1 Retirement
Funds, investment of . . . . . . . . . . . . . . . . . . . . . . . . 29 1
Regents Judges of supreme, superior courts . . . . . . . . . . . . . 4 3(a)
Appointment for state institutions . . . . . . . . . . . . . . 13 1 Public officers, increase in pension not extra com-
pensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 25
Registration law Retired persons tax exemption . . . . . . . . . . . . . . . . 7 10
Compliance with by elector necessary. . . . . . . . . . . 6 7
Enactment by legislature required, when. . . . . . . . . 6 7 Revenue and taxation
Power of legislature to provide for punishment for Corporate property subject same as individual
illegal registration (Amended by Amendment (Stricken by Amendment 14) . . . . . . . . . . . . . 7 3
63) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1 Exemptions from taxation (See Taxation) . . . . . . .
Retired persons property tax exemption . . . . . . . . . 7 10
Release of debt or obligation Uniform and equal rate required . . . . . . . . . . . . . . . 7 1
Special legislation prohibited. . . . . . . . . . . . . . . . . . 2 28(10) (See Taxation)

Religion Review, writ of


Appropriations of public funds for religious pur- Appellate and revisory jurisdiction of supreme
poses prohibited . . . . . . . . . . . . . . . . . . . . . . . 1 11 court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4
Chaplain of state penitentiary, right to employ . . . . 1 11 Original jurisdiction of superior court. . . . . . . . . . . 4 6
Freedom of conscience guaranteed . . . . . . . . . . . . . 1 11
Juror not incompetent because of . . . . . . . . . . . . . . 1 11 Revision of Constitution
No person to be molested on account of . . . . . . . . . 1 11 Convention for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2
26 1
Public office, religious qualification prohibited . . . 1 11 Right of petition
Toleration in, secured. . . . . . . . . . . . . . . . . . . . . . . . 26 1 Not to be abridged . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4
Witness not incompetent because of . . . . . . . . . . . . 1 11
Right-of-way
Removal from office Appropriation of property for . . . . . . . . . . . . . . . . . 1 16
Commission on judicial conduct, recommenda- (See Eminent domain)
tions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 31
Impeachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 Right to assemble
Joint resolution of legislature for removal . . . . . . . . 4 9 Not to be abridged . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4
Judges and justices, by supreme court . . . . . . . . . . . 4 31
Officers liable to impeachment . . . . . . . . . . . . . . . . 5 2 Right to bear arms
Officers not liable to impeachment, how removed . 5 3 Not to be impaired . . . . . . . . . . . . . . . . . . . . . . . . . . 1 24
Of governor, who to act . . . . . . . . . . . . . . . . . . . . . . 3 10 Restriction on employment of armed men by private
(See Recall of officers) persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 24

[Page 110] (Rev. 12-10)


Index to State Constitution Index

Rights Loans to private persons or corporations forbidden


Declaration of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1-2 (Amended by Amendment 44) . . . . . . . . . . . . 16 5
Enumerated, not to affect others retained . . . . . . . . 1 30 Losses from, assumed by state . . . . . . . . . . . . . . . . 9 5
Not affected by change in government . . . . . . . . . . 27 1 Sources from which derived . . . . . . . . . . . . . . . . . . 9 3
Reservation of rights in people (See Initiative and (See Common school construction fund; Common
referendum). . . . . . . . . . . . . . . . . . . . . . . . . . . school fund; Permanent school fund)

Road district School lands


Vacancy in office, how filled . . . . . . . . . . . . . . . . . . 11 6 Sale, manner of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2-4

Roads (See Highways; State roads; Streets and roads) Schools


Maintained by public funds to be free from sectarian
Rolling stock control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4
Personal property, subject to taxation and execution Public school system, what included in. . . . . . . . . . 9 2
sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 (See Common schools; Education; High schools;
Normal schools; Public schools)
Rules of court
Assignment of business of superior court under . . . 4 5 Seal
Court of appeals, governing . . . . . . . . . . . . . . . . . . . 4 30 Commissions to be sealed . . . . . . . . . . . . . . . . . . . . 3 15
Judges of superior courts to establish . . . . . . . . . . . 4 24 Of state, design of . . . . . . . . . . . . . . . . . . . . . . . . . . 18 1
Custodian, secretary of state to be . . . . . . . . . 3 18
Rules of proceedings Of superior courts, design of . . . . . . . . . . . . . . . . . . 27 9
Each house to determine . . . . . . . . . . . . . . . . . . . . . 2 9 Of territorial court, county and municipal officers,
to be seals under state . . . . . . . . . . . . . . . . . . . 27 8,9
Salaries
Change in, during term of public officer (Partially Seat of government
repealed by Amendment 54) . . . . . . . . . . . . . . 2 25 Continuity of government in emergency periods due
3 25 to enemy attack. . . . . . . . . . . . . . . . . . . . . . . . 2 42
4 13 Documents, storage . . . . . . . . . . . . . . . . . . . . . . . . . 3 24
11 8 Election for, under territorial law . . . . . . . . . . . . . . 27 15
28 1 Form of ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 18
(Amendment 54) . . . . . . . . . . . . . . . . . . . . . . . 30 1 Location, how determined . . . . . . . . . . . . . . . . . . . . 14 1
Clerk of supreme court. . . . . . . . . . . . . . . . . . . . . . . 4 22 Officers residence . . . . . . . . . . . . . . . . . . . . . . . . . . 3 24
County, township, precinct, and district officers . . . 11 5,8 Permanent location, how changed. . . . . . . . . . . . . . 14 2
Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 1 Provision for determination if no choice at first elec-
Independent commission to set . . . . . . . . . . . . . . . . 28 1 tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 1
Judges of supreme and superior courts (partially Temporary, to be located where. . . . . . . . . . . . . . . . 14 1
superseded by Amendment 78). . . . . . . . . . . . 4 13,14
Justice of peace in certain cities. . . . . . . . . . . . . . . . 4 10 Secrecy
Referendum by people when changed . . . . . . . . . . . 28 1 In legislative proceedings . . . . . . . . . . . . . . . . . . . . 2 11
Reporter of supreme court . . . . . . . . . . . . . . . . . . . . 4 18 Of ballot, to be secured at elections . . . . . . . . . . . . 6 6
State officers (Amendment 20) (Amendment 78) . . 28 1
Attorney general (Partially superseded by Amend- Secretary of state
ment 78) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 21 Attests commissions issued by state . . . . . . . . . . . . 3 15
Auditor (Partially superseded by Amendment 78) 3 20 Bureau of statistics, etc., to be established in office
Commissioner of public lands . . . . . . . . . . . . . . . . . 3 23 of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 34
Governor (Partially superseded by Amendment 78) 3 14 Delivery of election returns for executive officers . 3 4
Legislature, members of (Partially superseded by Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 17
Amendment 78) . . . . . . . . . . . . . . . . . . . . . . . 2 23 Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1
Lieutenant governor (Partially superseded by Initiative measures, filing petitions . . . . . . . . . . . . . 2 1(a)
Amendment 78) . . . . . . . . . . . . . . . . . . . . . . . 3 16 Records to be kept at seat of government . . . . . . . . 3 24
Secretary of state (Partially superseded by Amend- Referendum petition filed with . . . . . . . . . . . . . . . . 2 1(d)
ment 78) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 17 Residence to be maintained at seat of government . 3 24
Superintendent of public instruction (Partially Salary (See Salaries)
superseded by Amendment 78). . . . . . . . . . . . 3 22 Seal of state to be kept by . . . . . . . . . . . . . . . . . . . . 3 18
Treasurer (Partially superseded by Amendment 78) 3 19 Submitting measures to the people pending enact-
ment of specific legislation respecting initia-
Sanitary regulations tive and referendum . . . . . . . . . . . . . . . . . . . . 2 1(d)
County, city, and town may enforce. . . . . . . . . . . . . 11 11 Succession to office of governor . . . . . . . . . . . . . . . 3 10
Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3
School district
Exemption of property from taxation . . . . . . . . . . . 7 1 Sectarian control
Indebtedness, limitations on. . . . . . . . . . . . . . . . . . . 8 6 Public schools to be free from . . . . . . . . . . . . . . . . . 9 4
26 4
School elections
Women may be permitted to vote (Stricken by Security
Amendment 5) . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Of individual rights, what is essential . . . . . . . . . . . 1 32
Of person in private affairs and home . . . . . . . . . . . 1 7
School fund
Applied exclusively to common schools . . . . . . . . . 9 2 Senate
Apportionment by special act forbidden . . . . . . . . . 2 28(7) Consent to certain appointments by governor . . . . . 13 1
Bonds, investment in (Amendment 1) Impeachments tried by . . . . . . . . . . . . . . . . . . . . . . 5 1
Enlargement of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 Conviction requires two-thirds vote . . . . . . . . 5 1
Interest to be applied to current expenses . . . . . . . . 9 3 Legislative authority vested in . . . . . . . . . . . . . . . . 2 1
Investment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 Number of senators . . . . . . . . . . . . . . . . . . . . . . . . . 2 2
Presiding officer in absence of lieutenant governor 2 10

(Rev. 12-10) [Page 111]


Index Constitution of the State of Washington

Quorum, majority to constitute . . . . . . . . . . . . . . . . 2 8 Recall of public officers, election on petition for . . 1 33,34
Redistricting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 43 Reference of measures to people at . . . . . . . . . . . . . 2 1(d)
(See Legislature; Senators)
Special legislation
Senatorial districts Prohibited in enumerated cases . . . . . . . . . . . . . . . . 2 28
Apportionment among counties. . . . . . . . . . . . . . . . 22 1
Convenient and contiguous territory required . . . . . 2 6 Special privileges
Numbering to be consecutive. . . . . . . . . . . . . . . . . . 2 6 Grant of, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . 1 12
Representative districts not to be divided . . . . . . . . 2 6 Invalid, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2
Vacancy in office, how filled . . . . . . . . . . . . . . . . . . 2 15
Special taxation
Senators For local improvements authorized . . . . . . . . . . . . . 7 9
Allotment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6
Apportionment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1 Speech
Compensation and mileage . . . . . . . . . . . . . . . . . . . 2 23 Liberty of, guaranteed . . . . . . . . . . . . . . . . . . . . . . . 1 5
28 1
Elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Speedy trial
Impeachments tried by . . . . . . . . . . . . . . . . . . . . . . . 5 1 Right of accused . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 22
Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2
Privilege . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Standing army
From arrest, except . . . . . . . . . . . . . . . . . . . . . 2 16 Not to be kept in time of peace . . . . . . . . . . . . . . . . 1 31
From civil process, when . . . . . . . . . . . . . . . . 2 16
Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 State
Redistricting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 43 Boundaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 1
Recall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 33,34 Building authority . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9
Term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Cession to United States of exclusive legislation
Vacancy in office, how filled . . . . . . . . . . . . . . . . . . 2 15 over certain lands . . . . . . . . . . . . . . . . . . . . . . 25 1
Reservation of right to serve process . . . . . . . 25 1
Separate articles Compact with United States . . . . . . . . . . . . . . . . . . 26 1-4
Submission for adoption or rejection . . . . . . . . . . . . 27 17 Congressional districts, division into (Repealed by
Form of ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 18 Amendment 74) . . . . . . . . . . . . . . . . . . . . . . . 27 13
Prohibition (rejected) . . . . . . . . . . . . . . . . . . . . . . . . 27 17 Continuity of government in emergency periods due
Woman suffrage (rejected). . . . . . . . . . . . . . . . . . . . 27 17 to enemy attack. . . . . . . . . . . . . . . . . . . . . . . . 2 42
Convict labor not to be let out by contract . . . . . . . 2 29
Sessions, legislative Corporations, ownership of stock in or loaning
Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 12 credit to, prohibited . . . . . . . . . . . . . . . . . . . . 12 9
Must be open, exceptions. . . . . . . . . . . . . . . . . . . . . 2 11 Credit not to be loaned . . . . . . . . . . . . . . . . . . . . . . 8 5
Regular. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 12 12 9
Special . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 12 Criminal prosecutions continued in name of state on
Vetoed bills, extraordinary session to reconsider . . 3 12 change of government . . . . . . . . . . . . . . . . . . 27 5
Debts, fines, penalties, and forfeitures, accrued to
Settlement of land territory inure to state . . . . . . . . . . . . . . . . . . . 27 3
Taking of property for is public use . . . . . . . . . . . . . 1 16 Debts
Limitation on power . . . . . . . . . . . . . . . . . . . . 8 1-3
Sewers Money raised, how applied . . . . . . . . . . . . . . 8 1
City or town may contract debt for, limitations . . . . 8 6 Power to contract . . . . . . . . . . . . . . . . . . . . . . 8 1-3
Disclaimer of title to federal and Indian lands . . . . 26 2
Sex Division into senatorial and representative districts 22 1-2
Denial of franchise on account of, legislature may Education, duty to provide for all children . . . . . . . 9 1
provide against in school elections (Stricken Harbors, restriction on sale of lands or rights in . . . 15 1
by Amendment 5) . . . . . . . . . . . . . . . . . . . . . . 6 2 Indian lands, when taxable . . . . . . . . . . . . . . . . . . . 26 2
Discrimination in education on account of, prohib- Lands granted to, held in trust for people . . . . . . . . 16 1
ited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1 Ownership of beds and shores of navigable waters
Equal rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 1,2 asserted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 1
Sex qualifications for voting abolished (Amend- Public schools, assumption of duty of establishing. 26 4
ment 63) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1 State institutions to be supported. . . . . . . . . . . . . . . 13 1
Suits against the state . . . . . . . . . . . . . . . . . . . . . . . 2 26
Sheriffs Taxation, state property exempt from . . . . . . . . . . . 7 1
Election, duties, terms, etc., to be provided for by Territory
legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 Debts and liabilities of, assumption by . . . . . 26 3
Property of, passes to state . . . . . . . . . . . . . . . 27 4
Shores and beds of navigable waters Timber and stone on state lands, sale of . . . . . . . . . 16 3
Assertion of state ownership . . . . . . . . . . . . . . . . . . 17 1 Title in lands patented by United States disclaimed
Disclaimer by state where patented, exception . . . . 17 2 by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2
Validation by special law of void official acts
Soldiers against the state not prohibited . . . . . . . . . . . . 2 28(12)
Nonresident, excluded from enumeration of state
inhabitants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 43 State auditor (See Auditor)
Quartering in private house forbidden, exceptions . 1 31
State board of health
Soldiers’ home Legislature to establish . . . . . . . . . . . . . . . . . . . . . . 20 1
Admission granted to certain state militiamen,
Union soldiers, sailors, and marines . . . . . . . . 10 3 State building authority
Maintenance by state to be provided for . . . . . . . . . 10 3 Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9

Special election State capital

[Page 112] (Rev. 12-10)


Index to State Constitution Index

Location, how made. . . . . . . . . . . . . . . . . . . . . . . . . 14 1 State treasurer (See Treasurer)


Change of, method . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2
(See Seat of government) Statement of receipts and expenditures
Annual publication required . . . . . . . . . . . . . . . . . . 7 7
State courts
Jurisdiction of actions in territorial courts to be Statistics
assumed by . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5,8,10 Bureau of, established . . . . . . . . . . . . . . . . . . . . . . . 2 34

State indebtedness Statutes


Annual expenses and state debt to be met by taxa- Enacting clause, style of . . . . . . . . . . . . . . . . . . . . . 2 18
tion (Amended by Amendment 14) . . . . . . . . 7 1 When take effect (Stricken by Amendment 7) . . . . 2 31
Limit of aggregate debt . . . . . . . . . . . . . . . . . . . . . . 8 1 (See Acts; Bill; Laws)
Increase allowed to repel invasion . . . . . . . . . 8 2
Also for single work or object, after sub- Stockholders
mission to vote . . . . . . . . . . . . . . . 8 3 Consent necessary to increase corporate stock . . . . 12 6
Losses in permanent school fund assumed as state Joinder as parties defendant in actions against cor-
debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5 poration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4
State building authority . . . . . . . . . . . . . . . . . . . . . . 8 9 Liability for corporate debts . . . . . . . . . . . . . . . . . . 12 4
State may contract debts to meet . . . . . . . . . . . . . . . 8 1 In banking, insurance and joint stock compa-
nies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 11
State institutions (See Corporations; Stock of corporations)
Chaplains . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 11
Officers appointed by governor, with advice of sen- Stock of corporations
ate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1 Counties, cities, etc., not to own, except . . . . . . . . . 8 7
Support by state required . . . . . . . . . . . . . . . . . . . . . 13 1 Fictitious increase void . . . . . . . . . . . . . . . . . . . . . . 12 6
Increase allowed only under general law . . . . . . . . 12 6
State land commissioner (See Commissioner of public With consent of majority of stockholders . . . 12 6
lands) Issued only to bona fide holders . . . . . . . . . . . . . . . 12 6
(See Corporations; Stockholders)
State lands (See Lands; Public lands)
Stone
State militia (See Militia) Sale from state lands authorized . . . . . . . . . . . . . . . 16 3

State officers Streets and roads


Abolition of certain offices, power granted legisla- Extension over tide lands permitted . . . . . . . . . . . . 15 3
ture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 25 Opening or altering under special laws prohibited,
Compensation, change during term (See Salaries) exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 28(2)
Duties of, temporary succession to during emer- (See Highways)
gency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 42
Elections Students
Contested, legislature to decide . . . . . . . . . . . 3 4 Absence does not affect right to vote . . . . . . . . . . . 6 4
First under Constitution, how and when . . . . . 27 7
Quadrennial. . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Subpoena
Ties to be settled by legislature. . . . . . . . . . . . 3 4 Accused in criminal action has right to compel
Time of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 attendance of witnesses . . . . . . . . . . . . . . . . . 1 22
Governor may require information from . . . . . . . . . 3 5
Impeachment, who liable to . . . . . . . . . . . . . . . . . . . 5 2 Suffrage
Information to be furnished to governor in writing Denial on account of sex, legislature may provide
by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 against in school elections (Stricken by
Passes, acceptance and use prohibited . . . . . . . . . . . 12 20 Amendment 5) . . . . . . . . . . . . . . . . . . . . . . . . 6 2
2 39 Exercise of right to be free, equal and undisturbed . 1 19
Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 25 Qualifications of voters (See Voter)
Records, to be kept at seat of government . . . . . . . . 3 24
Removal of those not subject to impeachment . . . . 5 3 Suits against state
Residence of certain, at state capital . . . . . . . . . . . . 3 24 Legislature to direct. . . . . . . . . . . . . . . . . . . . . . . . . 2 26
Salaries (See Salaries)
Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Superintendent of public instruction
(See Officers; Public officers) Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 22
Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1
State offices Records to be kept at seat of government . . . . . . . . 3 24
Abolition of certain, permitted. . . . . . . . . . . . . . . . . 3 25 Salary (See Salaries)
Eligibility to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 25 Succession to office of governor . . . . . . . . . . . . . . . 3 10
Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3
State reformatories
Chaplain, employment of. . . . . . . . . . . . . . . . . . . . . 1 11 Superior court
Actions, review of . . . . . . . . . . . . . . . . . . . . . . . . . . 4 30
State roads Assignment of judges by supreme court . . . . . . . . . 4 2(a)
Opening by special law prohibited, except . . . . . . . 2 28(2) Assignment of judges by governor . . . . . . . . . . . . . 4 5
Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 26
State school tax Court commissioners, appointed . . . . . . . . . . . . . . . 4 23
Applied exclusively to common schools . . . . . . . . . 9 2 Court of record . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11
Decisions of causes to be made within ninety days 4 20
State seal Election and districts . . . . . . . . . . . . . . . . . . . . . . . . 4 5,29
Description and custody. . . . . . . . . . . . . . . . . . . . . . 3 18 First, contests to be determined how . . . . . . . 27 12
Eligibility to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 17
State taxes (See Taxation) Equity jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6

(Rev. 12-10) [Page 113]


Index Constitution of the State of Washington

Grand jury summoned only on order of judge. . . . . 1 26 Swamp and overflowed lands
Judges Disclaimer by state of title to patented . . . . . . . . . . 17 2
Each, where more than one, invested with
powers of all. . . . . . . . . . . . . . . . . . . . . . 4 5 Taxation
Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5,29 Au valorem tax on mines and reforested lands . . . . 7 1
Number and distribution . . . . . . . . . . . . . . . . . 4 5 Agricultural lands, actual use . . . . . . . . . . . . . . . . . 7 11
Pro tempore, when authorized . . . . . . . . . . . . 4 7 Assessment or collection by special laws prohib-
Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3(a) ited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 28(5)
Sits in any county, when . . . . . . . . . . . . . . . . . 4 7 Budget stabilization account . . . . . . . . . . . . . . . . . . 7 12
Supreme court duty, performance upon Cities, power, to assess and collect local taxes . . . . 11 12
request . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2(a) Counties, power to assess and collect local. . . . . . . 11 12
Term of office . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Deficiencies, state tax may be levied for. . . . . . . . . 7 8
Judicial power, vested in . . . . . . . . . . . . . . . . . . . . . 4 1 Exemptions allowed for certain property . . . . . . . . 7 1
Jurisdiction, original and appellate . . . . . . . . . . . . . 4 6 Indian lands, when . . . . . . . . . . . . . . . . . . . . . 26 2
Naturalization, power of . . . . . . . . . . . . . . . . . . . . . 4 6 Public property exemption . . . . . . . . . . . . . . . 7 1
Open, except on nonjudicial days . . . . . . . . . . . . . . 4 6 Real property, retired persons . . . . . . . . . . . . 7 10
Other court, perform duties in . . . . . . . . . . . . . . . . . 4 2(a) United States lands, when . . . . . . . . . . . . . . . 7 1
Probate courts, appellate jurisdiction over. . . . . . . . 27 10 26 2
Process extends to all parts of state . . . . . . . . . . . . . 4 6 Farms, actual use . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11
Report to supreme court defects in laws . . . . . . . . . 4 25 Federal agencies and property may be taxed, when 7 3
Retirement of judges . . . . . . . . . . . . . . . . . . . . . . . . 4 3(a) Gasoline (certain) taxes limited to highway pur-
Review by court of appeals or supreme court . . . . . 4 30 poses only . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 40
Rules of practice, shall establish . . . . . . . . . . . . . . . 4 24 Head of family exemption . . . . . . . . . . . . . . . . . . . . 7 1
Salary (See Salaries) Indian lands, patented, how taxed . . . . . . . . . . . . . . 26 2
Seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 Intangible property . . . . . . . . . . . . . . . . . . . . . . . . . 7 1
Sessions and distribution of business. . . . . . . . . . . . 4 5 Jurisdiction
Territorial causes and records pass to . . . . . . . . . . . 27 5,8 Appellate, of supreme court . . . . . . . . . . . . . . 4 4
Vacancies, governor to fill . . . . . . . . . . . . . . . . . . . . 4 5 Original, of superior court . . . . . . . . . . . . . . . 4 6
Writs, power to issue . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Law imposing tax must state object . . . . . . . . . . . . 7 5
(See Judges of superior court) Legislative power to provide for exemption . . . . . . 7 1
Levy only in pursuance of law . . . . . . . . . . . . . . . . 7 5
Supreme court Proceeds applied only to object stated . . . . . . 7 5
Assignment of superior court judges by . . . . . . . . . 4 2(a) Property subject to . . . . . . . . . . . . . . . . . . . . . 7 1
Chief justice, how determined . . . . . . . . . . . . . . . . . 4 3 Local, legislature no power to impose. . . . . . . . . . . 11 12
Clerk to be appointed . . . . . . . . . . . . . . . . . . . . . . . . 4 22 Mines and mineral resources, yield tax or au valo-
Court of appeals, rules governing . . . . . . . . . . . . . . 4 30 rem tax on . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1
Court of record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11 Municipal corporations
Decisions to be in writing and state grounds . . . . . . 4 2 Authority to assess and collect taxes . . . . . . . 7 9
Departments of court may be provided . . . . . . . . . . 4 2 Power to assess and collect local taxes . . . . . 11 12
Election of judges . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Nonresidents, lands of, how taxed. . . . . . . . . . . . . . 26 2
Eligibility to office . . . . . . . . . . . . . . . . . . . . . . . . . . 4 17 Open space lands, actual use . . . . . . . . . . . . . . . . . . 7 11
Judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power of taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1
Court to consist of five . . . . . . . . . . . . . . . . . . 4 2 Property subject to. . . . . . . . . . . . . . . . . . . . . . . . . . 7 1,2
Number may be increased. . . . . . . . . . . . . . . . 4 2 Property tax limited to 1 per cent of true and fair
Retirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3(a) value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2
Salary (See Salaries) Public purposes, taxation limited to . . . . . . . . . . . . 7 1
Term of office . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Real estate, uniformity of taxation of . . . . . . . . . . . 7 1
Judicial power vested in. . . . . . . . . . . . . . . . . . . . . . 4 1 Real property, retired persons exemption . . . . . . . . 7 10
Jurisdiction, original and appellate . . . . . . . . . . . . . 4 4 Rolling stock of railroads subject to . . . . . . . . . . . . 12 17
Open except on nonjudicial days . . . . . . . . . . . . . . . 4 2 Special assessments for local improvements. . . . . . 7 9
Opinions to be published . . . . . . . . . . . . . . . . . . . . . 4 21 Standing timber, actual use . . . . . . . . . . . . . . . . . . . 7 11
Power to censure, remove, etc., judges and justices 4 31 State purposes
Power to issue writs . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Payable into treasury in money only . . . . . . . 7 6
Quorum, majority of judges to form and pronounce Taxes for, no commutation of county’s pro-
decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 portionate share . . . . . . . . . . . . . . . . . . . 11 9
Report of defects in laws to be made to governor . . 4 25 Surrender of state’s power to tax corporate property
Reporter to be appointed . . . . . . . . . . . . . . . . . . . . . 4 18 prohibited (Stricken by Amendment 14). . . . 7 4
Retirement of judges . . . . . . . . . . . . . . . . . . . . . . . . 4 3(a) Taxable property, defined . . . . . . . . . . . . . . . . . . . . 7 1
Review of superior court actions . . . . . . . . . . . . . . . 4 30 Taxing district, defined . . . . . . . . . . . . . . . . . . . . . . 7 2
Seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9 Timberlands, actual use . . . . . . . . . . . . . . . . . . . . . . 7 11
Sessions to be held where . . . . . . . . . . . . . . . . . . . . 4 3 Towns, power to assess and collect local taxes . . . . 11 12
Temporary judicial duties in . . . . . . . . . . . . . . . . . . 4 2(a) Uniformity required. . . . . . . . . . . . . . . . . . . . . . . . . 7 1,9
Territorial supreme court, when jurisdiction over Yield tax authorized for mines and reforested land 7 1
causes passes to state court . . . . . . . . . . . . . . . 27 8 (See Revenue and taxation)
Vacancies, how filled . . . . . . . . . . . . . . . . . . . . . . . . 4 3
(See Judges of supreme court) Technical schools
Included in public school system . . . . . . . . . . . . . . 9 2
Supreme court clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 22
Telegraph and telephone companies
Supreme court reporter . . . . . . . . . . . . . . . . . . . . . . . . . 4 18 Common carriers . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19
Construction of lines authorized . . . . . . . . . . . . . . . 12 19
Supreme law Delay and discrimination in handling messages pro-
Constitution of United States is . . . . . . . . . . . . . . . . 1 2 hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19
Eminent domain, right extended to . . . . . . . . . . . . . 12 19
Surgery Railroads to grant like facilities to all companies . . 12 19
Practice of, to be regulated by law. . . . . . . . . . . . . . 20 2

[Page 114] (Rev. 12-10)


Index to State Constitution Index

Rights-of-way, railroads must allow use for con- Reforestation lands, yield tax . . . . . . . . . . . . . . . . . 7 1
struction of lines . . . . . . . . . . . . . . . . . . . . . . . 12 19 Sale of, when valid . . . . . . . . . . . . . . . . . . . . . . . . . 16 3
Taxation based on actual use . . . . . . . . . . . . . . . . . . 7 11
Tenure of office
County officers ineligible for more than two terms Time
in succession (Repealed by Amendment 22) . 11 7 Petition for initiative measures, time for filing . . . . 2 1(a)
Extension of term not to be granted to county and Referendum petition, time for filing . . . . . . . . . . . . 2 1(d)
local officers . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8
In office at adoption of Constitution, how long to Title
hold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 14 Assertion by state in tide lands . . . . . . . . . . . . . . . . 17 1
State treasurer ineligible for succeeding term Disclaimer by state to patented lands . . . . . . . . . . . 17 2
(Amended by Amendment 31) . . . . . . . . . . . . 3 25
(See Recall of officers; Term of office) Tolerance
Secured in matters of religious sentiment . . . . . . . . 26 1
Term of office
Attorney general. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Toll
Auditor of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Appellate jurisdiction of supreme court . . . . . . . . . 4 4
Commencement of term. . . . . . . . . . . . . . . . . . . . . . 3 4 Original jurisdiction of superior court. . . . . . . . . . . 4 6
Of first officers elected under Constitution . . 27 16
Commissioner of public lands . . . . . . . . . . . . . . . . . 3 3 Towns and villages
Compensation increase during term. . . . . . . . . . . . . 30 1 Amendment of charter by special act prohibited. . . 2 28(8)
County, district, precinct and township officers . . . 11 5 Bonds, nonrecourse revenue for industrial develop-
Governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 ment projects . . . . . . . . . . . . . . . . . . . . . . . . . 32 1
Judges of supreme court. . . . . . . . . . . . . . . . . . . . . . 4 3 Corporate stock or bonds not to be owned by . . . . . 8 7
Of superior court . . . . . . . . . . . . . . . . . . . . . . . 4 5 Credit not to be loaned, except . . . . . . . . . . . . . . . . 8 7
Lieutenant governor . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Indebtedness, limitations on . . . . . . . . . . . . . . . . . . 8 6
Officers not provided for in Constitution, legislature Moneys to be deposited with treasurer . . . . . . . . . . 11 15
to fix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 11 Use of, by official, a felony . . . . . . . . . . . . . . 11 14
Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4,5 Officers
Secretary of state . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Salaries of, change during term (Partially
Senators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 repealed by Amendment 54) . . . . . . . . . 11 8
Superintendent of public instruction . . . . . . . . . . . . 3 3 (Amendment 54). . . . . . . . . . . . . . . . . . . . . . . 30 1
Treasurer of state . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Term not to be extended . . . . . . . . . . . . . . . . . 11 8
(See Recall of officers; Tenure of office) Organization under general laws required. . . . . . . . 11 10
Police and sanitary regulations may be enforced . . 11 11
Territory Taxation
Accrued debts, fines, etc., inure to state . . . . . . . . . 27 3 Local, legislature not to impose . . . . . . . . . . . 11 12
Bonds and recognizances given to, pass to state . . . 27 4 Power of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12
Courts of, continue until when. . . . . . . . . . . . . . . . . 27 8 Special assessments for local improvements
Causes transferred to state courts . . . . . . . . . . 27 5,8 authorized . . . . . . . . . . . . . . . . . . . . . . . 7 9
Debts of, assumed by state. . . . . . . . . . . . . . . . . . . . 26 3 (See Municipal corporations; Municipal courts;
Existing counties to be subdivisions of state . . . . . . 11 1 Municipal fines)
Existing rights, suits, etc., change in form of gov-
ernment not to affect . . . . . . . . . . . . . . . . . . . . 27 1 Townships
Laws to remain in force, conditions. . . . . . . . . . . . . 27 2 County may adopt township form of organization
Except those granting tide lands . . . . . . . . . . . 27 2 by majority vote . . . . . . . . . . . . . . . . . . . . . . . 11 4
Liabilities, assumption of, by state . . . . . . . . . . . . . 26 3 Local affairs to be managed under general laws . . . 11 4
Officers to hold until superseded by state officers. . 27 6 Officers, election, duties, terms, compensation to be
Process to be valid . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1 prescribed by legislature. . . . . . . . . . . . . . . . . 11 5
Property of, to vest in state . . . . . . . . . . . . . . . . . . . 27 4 Police and sanitary regulations, power to enforce. . 11 11
Term of office not to be extended . . . . . . . . . . . . . . 11 8
Testimony Vacancies in office, how filled . . . . . . . . . . . . . . . . 11 6
Accused not required to testify against himself . . . . 1 9 (See Towns and villages)
Except in case of bribery or corrupt solicitation . . . 2 30
Right of accused to testify . . . . . . . . . . . . . . . . . . . . 1 22 Trains
Treason, what necessary for conviction . . . . . . . . . . 1 27 Jurisdiction of public offense committed on . . . . . . 1 22
Weight of, not affected by religious belief. . . . . . . . 1 11
(See Evidence) Transportation companies
Commission to regulate may be established . . . . . . 12 18
Tide lands Common carriers, subject to legislative control . . . 12 13
Ownership by state asserted. . . . . . . . . . . . . . . . . . . 17 1 Discrimination in charges prohibited . . . . . . . . . . . 12 15
Streets may be extended over, by municipal corpo- Excursion and commutation tickets may be issued. 12 15
rations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3 Legislature may regulate rates. . . . . . . . . . . . . . . . . 12 18
Title to lands patented disclaimed by state . . . . . . . 17 2 Passes not to be granted public officers . . . . . . . . . 12 20
Vested rights may be asserted in courts . . . . . . . . . . 17 1 Pooling earnings prohibited (Repealed by Amend-
ment 67) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 14
Tide waters (See Railroad companies)
Control and regulation within harbor areas . . . . . . . 15 1-3
Treason
Timber Acts constituting . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 27
Sale from state lands authorized, how . . . . . . . . . . . 16 3 Evidence necessary for conviction . . . . . . . . . . . . . 1 27
Sale, proceeds to common school construction
fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 Treasurer
Taxation based on actual use . . . . . . . . . . . . . . . . . . 7 11 Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 19
Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1
Timberlands

(Rev. 12-10) [Page 115]

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