H-3276.2 _______________________________________________
HOUSE BILL 2285
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Representatives Haugen, Zellinsky, Ferguson, Anderson, Horn, Winsley and Paris
Prefiled 1/10/92. Read first time 01/13/92. Referred to Committee on State Government.
AN ACT Relating to statements used to describe ballot propositions; amending RCW 29.27.060, 29.27.065, 29.27.067, and 29.79.060; and adding new sections to chapter 29.27 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature may provide the ballot title for any bill that it submits to the people for adoption and ratification or rejection, by including the ballot title in the bill, or for any constitutional amendment that it proposes, by including the ballot title in the resolution containing the constitutional amendment. If the legislature does not provide the ballot title for such a bill or proposed constitutional amendment that it has adopted, the attorney general shall formulate a ballot title. The ballot title shall be a concise statement posed as a question not exceeding twenty words.
The attorney general shall prepare a summary, not exceeding seventy‑five words, of each constitutional amendment that has been adopted by the legislature and of each bill submitted by the legislature to a vote of the people, whether or not the attorney general formulates the ballot title. The summary and the ballot title, if the ballot title is to be prepared by the attorney general, shall be prepared within twenty days after the referendum bill or the resolution containing the constitutional amendment is received by the secretary of state.
The ballot title and summary shall give true and impartial descriptions of the purpose of the constitutional amendment or bill. Neither the ballot title nor the summary may intentionally be an argument or be likely to create prejudice, either for or against the measure. The summary shall constitute the brief statement required by RCW 29.81.010(1)(d) for the measure.
When practicable, the ballot title shall be written in such a way that an affirmative answer to the question and an affirmative vote on the measure would result in a change in the Constitution or statute, and a negative answer to the question and a negative vote on the measure would result in no change in the Constitution or statute.
NEW SECTION. Sec. 2. (1) Upon the attorney general's filing of the summary, or the ballot title and summary, of the constitutional amendment or referendum bill with the secretary of state, the secretary of state shall notify by telephone and by mail the following persons of the exact language of the ballot title and summary:
(a) The prime sponsor and next three sponsors, if any, of the resolution containing the constitutional amendment or the referendum bill;
(b) The chief clerk of the house of representatives and the secretary of the senate; and
(c) Other persons who made written requests to the secretary of state for such notification.
(2) The secretary of state shall certify to the county auditors the ballot title for a proposed constitutional amendment or other state-wide measure.
NEW SECTION. Sec. 3. Any person dissatisfied with the ballot title or summary of a constitutional amendment or referendum bill prepared by the attorney general, or any person, including the attorney general, dissatisfied with the ballot title included by the legislature in the measure that the legislature has adopted, may appeal to the superior court of Thurston county by petition setting forth the measure, the title or summary to which objection is made, and his or her objections to the ballot title or summary and requesting amendment of the ballot title or summary by the court. An appeal of the ballot title included in a measure that the legislature has adopted must be filed within ten days after the measure has been filed with the secretary of state. Any other appeal filed under this section must be filed within ten days after the summary, or the ballot title and summary, have been filed with the secretary of state. Any person may respond to the petition, file responses to the objections, and become a party to the appeal.
The appellant shall cause a copy of the petition on appeal, together with notice that an appeal has been taken, to be served upon any of the following persons who has not initiated the appeal: The attorney general, the secretary of state, the first four sponsors of the referendum bill or the resolution containing the constitutional amendment, the chief clerk of the house of representatives, and the secretary of the senate. Upon the filing of the petition on appeal, or at the time to which the hearing may be adjourned by consent of the appellant, the court shall accord first priority to examining the proposed measure, the title or summary, and the objections to that title or summary, may hear arguments, and shall, within five days, render its decision and file with the secretary of state a certified copy of such ballot title or summary as it determines will meet the requirements of section 1 of this act. The decision of the superior court shall be final. The appeal shall be heard without cost to any party.
NEW SECTION. Sec. 4. When the ballot title and summary of a proposed constitutional amendment or referendum bill are finally established, the secretary of state shall file the instrument establishing them with the constitutional amendment or referendum bill and transmit a copy of the ballot title and summary by mail to any person entitled to receive notice under section 2 of this act.
Sec. 5. RCW 29.27.060 and 1985 c 252 s 1 are each amended to read as follows:
((When
a proposed constitution or constitutional amendment or other question is to be
submitted to the people of the state for state-wide popular vote, the attorney
general shall prepare a concise statement posed as a question and not exceeding
twenty words containing the essential features thereof expressed in such a
manner as to clearly identify the proposition to be voted upon.))
Questions
to be submitted to the people of a county ((or municipality)), city,
town, municipal corporation, or special district shall also be advertised
as provided for nominees for office, and in such cases there shall also be
printed on the ballot a concise statement posed as a question and not exceeding
seventy-five words ((containing)) that contains the essential
features ((thereof expressed in such a manner as to clearly identify)) of
the proposition ((to be voted upon, which)) and identifies the
proposition. The statement shall be prepared by the city or town
attorney for the city or town, ((and by)) the prosecuting
attorney for the county ((or any other political subdivision of the state,
other than cities, situated in the county)), and the prosecuting
attorney of the county in which all or the largest geographic portion of the
municipal corporation or special district is located for the municipal
corporation or special district. The concise statement constitutes the
ballot title. ((The secretary of state shall certify to the county auditors
the ballot title for a proposed constitution, constitutional amendment or other
state-wide question at the same time and in the same manner as the ballot
titles to initiatives and referendums.))
Sec. 6. RCW 29.27.065 and 1965 c 9 s 29.27.065 are each amended to read as follows:
Upon
the filing of a ballot title as defined in RCW 29.27.060, ((the secretary of
state, in event it is a state question, or)) the county auditor ((in the
event it is a county or other local question,)) shall forthwith notify the
persons proposing the measure of the exact language of the ballot title.
Sec. 7. RCW 29.27.067 and 1965 c 9 s 29.27.067 are each amended to read as follows:
((If
the persons filing any state or local question covered by RCW 29.27.060 are))
Any person dissatisfied with the ballot title ((formulated by the
attorney general, city attorney, or prosecuting attorney preparing the same,
they)) may ((at any time within ten days from the time of the filing of
the ballot title)) appeal the ballot title to the superior court of
((Thurston county if it is a state-wide question, or to the superior court
of)) the county where the question is to appear on the ballot((, if it
is a county or local question,)) or, where the question will appear on
the ballot in more than one county, the superior court of the county in which
the largest geographic portion of the city, town, municipal corporation, or
special district is located. The appeal must be made within ten days after the
filing of the ballot title and shall be by petition setting forth the
measure, the ballot title objected to, ((their)) and the person's
objections to the ballot title and ((praying for)) requesting
amendment ((thereof)) of the ballot title by the court. The time
of the filing of the ballot title, ((as used herein in)) for the
purpose of determining the time for appeal, is the time the ballot title is
first filed with ((the secretary of state, if concerning a state-wide
question, or)) the county auditor((, if a local question, the secretary
of state or the county officer being herein called the "filing officer.")).
A copy
of the petition on appeal together with a notice that an appeal has been taken
shall be served upon the ((filing officer)) county auditor and
the official preparing the ballot title. Upon the filing of the petition on
appeal, the court shall forthwith, or at the time to which a hearing may be
adjourned by consent of the appellants, examine the proposed measure, the
ballot title filed, and the objections ((thereto)) to the
ballot title and may hear arguments thereon, and shall as soon as possible
render its decision and certify to and file with the ((filing officer)) county
auditor such ballot title as it determines will meet the requirements of
this chapter. The decision of the superior court shall be final, and the title
so certified shall be the established ballot title. Such appeal shall be heard
without cost to ((either)) any party.
Sec. 8. RCW 29.79.060 and 1982 c 116 s 6 are each amended to read as follows:
((If))
Any person ((is)) dissatisfied with the ballot title or summary
formulated by the attorney general((, he or she)) may, within ((five))
ten days ((from)) after the filing of the ballot title in
the office of the secretary of state, appeal to the superior court of
Thurston county by petition setting forth the measure, the title or summary
formulated by the attorney general, and his or her objections to the ballot
title or summary and requesting amendment of the title or summary by the court.
A copy
of the petition on appeal together with a notice that an appeal has been taken
shall be served upon the secretary of state, upon the attorney general, and
upon the person proposing the measure if the appeal is initiated by someone
other than that person. Upon the filing of the petition on appeal or at the
time to which the hearing may be adjourned by consent of the appellant, the
court shall accord first priority to examining the proposed measure, the title
or summary prepared by the attorney general, and the objections to that title
or summary, may hear arguments, and shall, within five days, render its
decision and file with the secretary of state a certified copy of such ballot
title or summary as it determines will meet the requirements of RCW ((29.27.060
and)) 29.79.040. The decision of the superior court shall be final. Such
appeal shall be heard without cost((s)) to ((either)) any
party.
NEW SECTION. Sec. 9. Sections 1 through 4 of this act are each added to chapter 29.27 RCW.
NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.