Drafter
Clerk 11/18/2008
Title
AN ORDINANCE establishing qualifications for the elected office of King County director of elections; and adding a new chapter to K.C.C. Title 2.
Body
STATEMENT OF FACTS:
1. Initiative 25 placed a charter amendment on the November 4, 2008, ballot asking the electorate if it wants to amend the King County Charter to establish the office of an elected director of elections.
2. Ordinance 16206 placed a charter amendment on the November 4, 2008, ballot asking the electorate if it wants the county council to have the authority to establish qualifications for office for a variety of county officials including an elected director of elections.
3. Conducting accurate, fair and transparent elections is one of the most important functions of King County government.
4. King County has made significant improvements in the conduct of elections since the general election of 2004.
5. It is critical to continue to make improvements to elections operations both for reasons of governance as well as maintaining public confidence.
6. Conducting elections is very challenging and requires strong technical skills as well as top level management skills and integrity.
7. It is in the public interest that minimum qualifications for an elected director of elections be established in order to help ensure that the director of elections has the requisite skills and character to properly manage the function.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Sections 2 through 6 of this ordinance should constitute a new chapter in K.C.C. Title 2.
NEW SECTION. SECTION 2. In addition to qualifications in the King County Charter, the qualifications for the office of King County director of elections are:
A. The person shall not hold an office in a political party while serving as the director of elections;
B. For one year immediately before filing to run for, being appointed to or holding the office, the person shall not be or have been employed by, or performed compensated services for or hold a financial interest in, a nongovernmental entity that designs, manufactures or sells elections tabulation or voter registration equipment or software. For the purposes of this subsection, "financial interest" means an interest that exceeds one-tenth of one percent of the outstanding securities of the nongovernmental entity; or if the interest is in an unincorporated business concern, exceeds one percent of the net worth of such concern; or the financial interest in the nongovernmental entity exceeds five percent of the net worth of the person and the person's immediate family, as defined in K.C.C. 3.04.017.H. Nothing in this subsection is intended to prevent a person from holding the office who has been employed by, performed services for or holds a financial interest in a nongovernmental entity that sells, designs or manufactures equipment or software that has broad commercial application beyond the field of elections tabulation or voter registration; and
C. No later than thirty months after having been elected or appointed to the office of elections director, the director shall have earned the certification of elections administrator from the Washington state Office of the Secretary of State, and shall meet all continuing education requirements of the Secretary of State.
NEW SECTION. SECTION 3. This chapter does not prevent an elected official from holding another public office while filing and running as a candidate for King County director of elections.
NEW SECTION. SECTION 4. This chapter does not prevent the director of elections from filing and running for another public office while still serving as the director of elections.
NEW SECTION. SECTION 5. For the initial election of a director of elections, the manager of the elections division shall establish a candidate filing form for the office of director of elections whereby candidates filing for office swear or affirm that they comply with all the qualifications for the office as established by state law, the King County Charter and the King County Code. The filing form shall contain the specific requirements of this chapter. Following the initial election, the elected director of elections shall establish the filing form in conformance with applicable King County Charter and King County Code provisions.
NEW SECTION. SECTION 6. The director of elections shall continue to fulfill the qualifications established in this chapter for the term of office. The failure to continue to fulfill any qualification of this chapter causes a vacancy in the office, which shall be filled in accordance with Section 680.10 of the King County Charter. SECTION 7. This ordinance takes effect if the canvassing board certifies voter approval in November 2008 of proposed Charter Amendment 4, amending Section 630 of
the King County Charter, pertaining to the establishment by the council of additional qualifications for separately elected officials who head executive departments.