When a reelected county treasurer died before the new term, did the appointed replacement serve into that term?

Plain-English summary

The Washington AG said an appointed county treasurer did not lose the appointment merely because the new term began after the reelected incumbent’s death. Under the county-vacancy rule then in force, the appointee served from appointment until the next general election and until a successor was elected and qualified.

The official opinion states: “Where an incumbent county treasurer is re‑elected [[reelected]]and dies before the commencement of the new term an appointee filling the vacancy holds office from the date of appointment until the next general election and until a successor is elected and qualified.” (source).

Currency note

This opinion was issued in 1959. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the new term automatically end the appointment?
A: No. The AG said the appointment continued across the term boundary.

Q: Who filled the vacancy?
A: The county commissioners appointed the qualified replacement.

Q: When did the appointment end?
A: At the next general election, once a successor was elected and qualified, under the law discussed.

Background and statutory framework

A state representative asked about a reelected county treasurer who died between election and the next term. The AG applied the constitutional county-vacancy clause and RCW 36.16.110 to the appointee’s tenure.

Source

• Landing page: https://www.atg.wa.gov/ago-opinions/elections-county-filling-vacancy-county-treasurer

Original opinion text

Attorney General John J. O'Connell

ELECTIONS ‑- COUNTY ‑- FILLING OF VACANCY OF COUNTY TREASURER.

Where an incumbent county treasurer is re‑elected [[reelected]]and dies before the commencement of the new term an appointee filling the vacancy holds office from the date of appointment until the next general election and until a successor is elected and qualified.

February 11, 1959

Honorable W. L. McCormick
Washington State Representative
Fifth District
Legislative Building
Olympia, Washington Cite as: AGO 59-60 No. 8

Dear Sir:

You have requested an opinion of this office which we paraphrase as follows:

At the last general election, the incumbent county treasurer was re‑elected [[reelected]]for the new term commencing January 12, 1959. A few days following the election the officer died, and another man was appointed by the county commissioners to fill the vacancy. Does the person so appointed continue in office after January 12, 1959, the date the new term would ordinarily commence?

We answer your question in the affirmative.

ANALYSIS

Article IX, section 6, Washington State Constitution, relating to vacancies in county offices, reads as follows:

"The board of county commissioners in each county shall fill all vacancies occurring in any county, [[Orig. Op. Page 2]] township, precinct or road district office of such county by appointment, and officers thus appointed shall hold office till the next general election, and until their successors are elected and qualified." (Emphasis supplied.)

Pursuant to this language, RCW 36.16.110 provides:

"The board of county commissioners in each county shall, at its next regular or special meeting after being apprised of any vacancy in any county, township, precinct, or road district office of the county, fill the vacancy by the appointment of some person qualified to hold such office, and the officers thus appointed shall hold office until the next general election, and until their successors are elected and qualified." (Emphasis supplied.)

From this language it appears clear that in this particular case the appointment extends into the new term commencing January 12, 1959, since the appointee holds office from the date of his appointment until such time as his successor is elected and qualified, which, in the instant situation, would not occur until the next general election, which would be the general election of county officers to be held in November, 1960. State ex rel De Bow v. McNeill, 127 Wash. 157, 219 Pac. 852 (1923).

We trust the foregoing will be of assistance to you.

Very truly yours,

JOHN J. O'CONNELL
Attorney General

GERALD F. COLLIER
Assistant Attorney General