PROSSER -- A retired judge who has tried for 25 years to move the Benton County seat from Prosser to the more populated Kennewick says he has enough signatures to put the matter before voters in November 2010.

A petition for a ballot measure will be presented to Benton County commissioners on Monday.

Former Benton County Superior Court Judge Fred Staples says he won't be there but promises his supporters will bring three boxes of signatures -- 20,408 of them -- to back up his case.

That should be more than enough to get the measure on the ballot, even if some are ruled invalid, he said.

"They can't throw that many out," said Staples, 76.

It's the second time in a little more than a year he's tried to get the issue on the ballot.

In September 2008, he turned in about 18,500 signatures. But county commissioners gave them back saying his timing was off.

He needed to wait for an even-year election, they said, pointing to a nonbinding opinion by state Attorney General Rob McKenna.

Staples challenged the decision in Benton County Superior Court and won.

State law requires petitions be backed by one-third of the voter turnout from the previous general election.

The county Auditor's Office just certified this year's election at 41,050 votes. One-third of that is 13,684.

County officials do not plan to challenge the decision, said Commissioner Max Benitz Jr.

The county serves the bulk of its population in Kennewick and Richland. About 80 percent of the county's workforce is in those cities.

Staples has long maintained that's wasteful and illegal, though court rulings have not supported the claim. He managed to get the issue before voters in 1984, but it failed.

Meanwhile, the county has long-term plans to build a new administration office in Kennewick that could cost as much as $15 million.

Moving the entire county seat, however, would cost $35 million, Benitz said, an estimate Staples vehemently disputes.

If the petition makes the ballot, state law requires the county to publish an economic impact study detailing how the move would affect both Prosser and Kennewick.

Staples said he is confident voters will vote yes on his petition.

"I don't think it can fail," he said.

The commissioners meet 9 a.m. Monday at the courthouse in Prosser.

* Ross Courtney can be reached at 509-930-8978 or rcourtney@yakimaherald.com.