Z-0782.1 _______________________________________________
HOUSE BILL 1903
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Representatives Anderson, Veloria and Springer; by request of Attorney General
Read first time 02/15/93. Referred to Committee on State Government.
AN ACT Relating to ballot issues; amending RCW 29.27.060, 29.27.065, 29.27.067, 29.79.050, 29.79.060, 29.79.070, 29.79.110, 29.79.280, 29.79.290, 29.79.300, 29.79.310, 29.79.320, and 35A.29.120; adding new sections to chapter 29.79 RCW; and repealing RCW 29.79.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 29.79 RCW to read as follows:
(1) Except as provided to the contrary in RCW 82.14.036, 82.46.021, or 82.80.090, the ballot heading of any referendum filed against an enactment or portion of an enactment of the state legislature or of the legislative authority of a unit of local government shall be composed of three elements: (a) An identification of the enacting legislative body; (b) a concise statement identifying the essential features of the enactment against which the referendum is filed; and (c) a question asking the voters whether the enactment should or should not be revoked by the people. A "yes" vote on the referendum shall have the effect of revoking the legislative enactment. The ballot issue shall be displayed on the ballot substantially as follows:
Referendum Measure No. XX. The (name of legislative body) has passed a law that (concise statement). Should this law be revoked?
YES .......
NO .......
(2) For a referendum measure against a state enactment, the attorney general shall prepare the concise statement, which shall not exceed twenty-five words.
(3) The concise statement for a referendum measure against an enactment of the legislative authority of a unit of local government shall not exceed seventy-five words. If the local governmental unit is a city or a town, the city or town attorney shall prepare the concise statement. If the local governmental unit is a county, the prosecuting attorney of the county shall prepare the concise statement. If the unit is a unit of local government other than a city, town, or county, the prosecuting attorney of the county within which the unit is located shall prepare the concise statement.
(4) A referendum measure against the enactment of a unit of local government shall be advertised in the manner provided for nominees for elective office.
Sec. 2. RCW 29.27.060 and 1985 c 252 s 1 are each amended to read as follows:
(1) 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)) ballot caption 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)). The
ballot caption shall concisely and clearly summarize the essential features of
the proposition to be voted on, and shall not exceed twenty words in length
unless the attorney general or a reviewing court determines that a longer
caption is required to meet the requirements of this section.
Questions to be submitted to the people of a
county or municipality 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
the essential features thereof expressed in such a manner as to clearly
identify the proposition to be voted upon, which 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)) unit of local government, other than ((cities,)) a
city or town, the majority area of which is situated in the county.
((The concise statement constitutes the
ballot title.)) (2) The secretary of state shall certify to the
county auditors the ballot ((title)) caption for a proposed
constitution, constitutional amendment, or other state-wide question at
the same time and in the same manner as the ballot ((titles)) captions
to initiatives and referendums.
(3) Subsection (1) of this section does not apply to referendum measures filed against an enactment of the state legislature or against an enactment of the legislative authority of a unit of local government, nor does it apply to the extent that other provisions of state law provide otherwise for a specific type of ballot question or proposition.
Sec. 3. 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)) caption
as defined in RCW 29.27.060 or a concise statement as required under section
1 of this act, 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)) caption or concise statement.
Sec. 4. 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)) (1) A person who is
dissatisfied with ((the)) a ballot ((title)) caption
formulated ((by the attorney general, city attorney, or prosecuting attorney
preparing the same, they may at any time within ten)) under RCW
29.27.060 or a concise statement formulated under section 1 of this act may
appeal, no later than five days ((from the time of)) after
the filing of the ballot ((title appeal)) caption or concise
statement, to the superior court of Thurston county ((if it is a
state-wide question)) in the case of a state measure, or to the
superior court of the county where the ((question)) measure is to
appear on the ballot((, if it is a county or)) in the case of a
local ((question, by petition setting forth)) measure. The appeal
shall specify the measure, the ballot ((title)) caption or
concise statement objected to, ((their)) and the objections
to ((the ballot title and praying for amendment thereof)) it with a
request to the court to amend the caption or statement. The time of the
filing of the ballot ((title, as)) caption or statement, used
herein in determining the time for appeal, is the time the ballot ((title))
caption or statement is ((first)) filed with the secretary of
state, if concerning a state-wide question, or with the county auditor,
if a local question((, the secretary of state or the county officer being
herein called the "filing officer.")).
((A copy)) Copies of the appeal
petition ((on appeal together with)) and a notice that an appeal
has been ((taken)) filed shall be served upon the ((filing
officer and the)) official ((preparing)) who prepared the
ballot ((title)) caption or statement and on the official with whom
the ballot caption or statement was filed.
(2) Upon the filing of the appeal
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 and)),
the court shall accord first priority to consideration of the appeal petition.
The court may hear arguments thereon, and shall ((as soon as possible))
within five days render its decision ((and certify to)) and file
with the ((filing officer such)) official with whom the ballot title
or statement was filed the ballot ((title as)) caption or
statement it determines will meet the requirements of ((this chapter))
RCW 29.27.060 or section 1 of this act, as appropriate. The decision of
the superior court shall be final((, and the title so certified shall be the
established ballot title. Such)). The appeal shall be heard
without cost to ((either)) any party.
NEW SECTION. Sec. 5. A new section is added to chapter 29.79 RCW to read as follows:
(1) Within seven calendar days after receiving an initiative or referendum measure the attorney general shall formulate and transmit to the secretary of state a ballot measure title, where applicable, a ballot measure caption, and a ballot measure summary.
(2) For the purposes of this chapter, the ballot measure title shall be a phrase beginning with "AN ACT Relating to. . .;" and satisfying the requirements for a bill title as expressed in Article II of the state Constitution. In the case of a referendum bill or a referendum measure the ballot measure title is the title of the bill as enacted by the legislature.
(3) In the case of an initiative, the proponent in consultation with the code reviser may supply a title of the same nature and serving the same purposes as a legislative bill title. If the measure as received by the attorney general has no title, the attorney general shall supply an appropriate title and transmit the title to the secretary of state along with the ballot measure caption and the ballot measure summary.
(4) The ballot measure caption must be posed in the form of a question, must concisely and clearly summarize the essential features of the proposition to be voted on, and must not exceed twenty words in length unless the attorney general or a reviewing court finds that a longer caption is required to meet the purposes of this section. The ballot measure caption must be distinct from the legislative title and may not intentionally be an argument or likely to create prejudice either for or against the measure. The ballot measure caption formulated by the attorney general is the ballot caption of the measure, unless changed on appeal. When practicable, the question posed by the ballot caption must 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 then current law, and a negative answer to the question and a negative vote on the measure would result in no change to then current law.
(5) The ballot measure summary must be a clear, accurate, and impartial description of the most significant features of the ballot measure. The summary must be approximately seventy-five words in length, unless the attorney general or a reviewing court finds that a shorter summary is sufficient, or that a longer summary is necessary to satisfy the purposes of this section. The ballot measure summary may not intentionally be an argument or likely to create prejudice either for or against the measure. The attorney general may include with the ballot measure summary a comment on the enforceability of the measure as provided in this chapter.
Sec. 6. RCW 29.79.050 and 1982 c 116 s 5 are each amended to read as follows:
Upon the filing of the ballot title, if any,
ballot measure caption, and ballot measure summary for an initiative
or referendum measure in his or her office, the secretary of state shall
forthwith notify by telephone and by mail the person proposing the measure and
any other individuals who have made written request for such notification of
the exact language of the ballot ((title)) measure caption.
NEW SECTION. Sec. 7. A new section is added to chapter 29.79 RCW to read as follows:
The attorney general may comment on the constitutionality and the enforceability of proposed ballot measures. Where the attorney general is firmly convinced that, as a matter of settled law, a proposed initiative or referendum measure is to a substantial degree contrary to the state Constitution, or inconsistent with the Constitution and laws of the United States, the attorney general may add to the ballot measure summary a ballot measure comment in the form of a concise sentence expressing his or her views, and the statement will be treated as a part of the ballot measure summary for the purposes of this chapter. In such cases the attorney general shall publish a written opinion setting forth the reasons for the comment. If the attorney general's comment is the subject of judicial review, the reviewing court may strike the comment upon a finding that the comment is not justified under the standards established in this section. If the attorney general declines to provide a comment on the constitutionality or enforceability of a measure, the decision not to comment is not subject to judicial review. Judicial review of an attorney general comment may not be construed as an adjudication of the merits of any of the questions presented or as a declaration of the law for any purpose except this section.
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)) measure caption or ballot measure summary
formulated by the attorney general, he or she may, within five days from the
filing of the ballot ((title)) measure caption or ballot measure
summary in the office of the secretary of state appeal to the superior
court of Thurston county by petition setting forth the measure, the ((title))
ballot measure caption or ballot measure summary formulated by
the attorney general, and his or her objections to the ballot ((title)) measure
caption or ballot measure summary and requesting amendment of the ((title))
ballot measure caption or ballot measure 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. In the case of a
referendum bill or referendum measure, copies of the petition shall also be
served upon the secretary of the senate and the clerk of the house of
representatives. 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))
ballot measure caption or ballot measure summary prepared by the
attorney general, and the objections to that ((title)) ballot measure
caption or ballot measure 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)) measure caption or ballot
measure summary as it determines will meet the requirements of RCW 29.27.060
and ((29.79.040)) section 5 of this act. The decision of the
superior court shall be final. ((Such)) The appeal shall be
heard without costs to ((either)) any party.
Sec. 9. RCW 29.79.070 and 1982 c 116 s 7 are each amended to read as follows:
When the ballot ((title)) measure
caption and ballot measure summary are finally established, the
secretary of state shall file the instrument establishing it with the proposed
measure and transmit a copy thereof by mail to the person proposing the measure
and to any other individuals who have made written request for such
notification. Thereafter such ballot ((title)) measure caption
shall be the ((title)) caption of the measure in all petitions,
ballots, and other proceedings in relation thereto. The ballot measure
summary shall appear on all petitions directly following the ballot ((title))
measure caption.
Sec. 10. RCW 29.79.110 and 1982 c 116 s 11 are each amended to read as follows:
Petitions ordering that acts or parts of acts passed by the legislature be referred to the people at the next ensuing general election, or special election ordered by the legislature, shall be substantially in the following form:
WARNING
Every person who signs this petition with any other than his or her true name, knowingly signs more than one of these petitions, signs this petition when he or she is not a legal voter, or makes any false statement on this petition may be punished by fine or imprisonment or both.
PETITION FOR REFERENDUM
To the Honorable .........., Secretary of State of the State of Washington:
We, the undersigned citizens and legal voters
of the State of Washington, respectfully order and direct that Referendum
Measure No. ....., ((entitled (here insert the established ballot title of
the measure) being)) filed to revoke a (or part or parts of a) bill that
(concise statement required by section 1 of this act) and that was passed
by the .......... legislature of the State of Washington at the last regular
(special) session of said legislature, shall be referred to the people of the
state for their approval or rejection at the regular (special) election to be
held on the ..... day of November, 19..; and each of us for himself or herself
says: I have personally signed this petition; I am a legal voter of the State
of Washington, in the city (or town) and county written after my name, my
residence address is correctly stated, and I have knowingly signed this
petition only once.
.................................................................
| | | |
Petitioner's | Print name | Residence address,| City |
signature | for positive | street and number,| or | County
|identification| if any | Town |
| | | |
.................................................................
(Here follow 20 numbered lines divided into columns as below.)
| | | |
| | | |
1 ...............................................................
| | | |
| | | |
2 ...............................................................
| | | |
| | | |
3 ...............................................................
etc.
Sec. 11. RCW 29.79.280 and 1965 c 9 s 29.79.280 are each amended to read as follows:
If the legislature, having rejected a measure
submitted to it by initiative petition, proposes a different measure dealing
with the same subject, the secretary of state shall give that measure the same
number as that borne by the initiative measure followed by the letter
"B." Such measure so designated as "Alternative Measure No. . . . .
B," together with the ballot ((title)) measure caption
thereof, when ascertained, shall be certified by the secretary of state to the
county auditors for printing on the ballots for submission to the voters for
their approval or rejection in like manner as initiative measures for
submission to the people are certified.
Sec. 12. RCW 29.79.290 and 1965 c 9 s 29.79.290 are each amended to read as follows:
For a measure designated by him or her
as "Alternative Measure No. . . . . B," the secretary
of state shall obtain from the attorney general a ballot ((title)) caption
in the manner provided for obtaining ballot ((titles)) captions
for initiative measures. The ballot ((title)) caption therefor
shall be different from the ballot ((title)) caption of the
measure in lieu of which it is proposed, and shall indicate, as clearly as
possible, the essential differences in the measure.
NEW SECTION. Sec. 13. A new section is added to chapter 29.79 RCW to read as follows:
Before finally certifying ballot captions to the county auditors, the secretary of state shall examine the ballot captions for ballot measures where there are two or more ballot measures on the same or similar subjects, and for initiatives that will appear on the ballot along with a legislative substitute, and may transmit to the attorney general any ballot captions that as originally drafted might cause confusion among the voters. The attorney general may within seven calendar days revise the ballot captions of one or more of such measures to emphasize as clearly as possible the distinctions between similar measures, and shall transmit any revised ballot captions to the secretary of state in the same manner as the original ballot captions were transmitted under section 5 of this act. The secretary of state shall provide notice of a revised ballot caption in the same manner and to the same persons as provided for original ballot captions in RCW 29.79.050. Judicial review of a ballot caption so revised may be initiated in the same manner and with the same time limitations provided for judicial review of original ballot captions under RCW 29.79.060. A ballot caption left unrevised is not subject to additional judicial review. When a ballot caption has been revised under this section, the revised ballot caption is the official ballot caption for ballots, voters' pamphlets, and all other purposes.
Sec. 14. RCW 29.79.300 and 1965 c 9 s 29.79.300 are each amended to read as follows:
The county auditor of each county shall cause
to be printed on the official ballots for the election at which initiative and
referendum measures are to be submitted to the people for their approval or
rejection the serial numbers and ballot ((titles)) measure captions,
certified by the secretary of state. They shall appear under separate headings
in the order of the serial numbers as follows:
(1) Measures proposed for submission to the people by initiative petition shall be under the heading, "Proposed by Initiative Petition";
(2) Bills passed by the legislature and ordered referred to the people by referendum petition shall be under the heading, "Passed by the Legislature and Ordered Referred by Petition";
(3) Bills passed and referred to the people by the legislature shall be under the heading, "Proposed to the People by the Legislature";
(4) Measures proposed to the legislature and rejected or not acted upon shall be under the heading, "Proposed to the Legislature and Referred to the People";
(5) Measures proposed to the legislature and alternative measures passed by the legislature in lieu thereof shall be under the heading, "Initiated by Petition and Alternative by Legislature."
Sec. 15. RCW 29.79.310 and 1982 c 116 s 16 are each amended to read as follows:
Except in the case of alternative voting on a measure initiated by petition, for which a substitute has been passed by the legislature, each measure submitted to the people for approval or rejection shall be so printed on the ballot, under the proper heading, that a voter can, by making one choice, express his or her approval or rejection of such measure. Substantially the following form shall be a compliance with this section:
INITIATIVE MEASURE . . . . . .
(Here insert the ballot ((title)) caption
of the measure.)
YES................................................................................................................................................................................................................ G
NO.................................................................................................................................................................................................................. G
Sec. 16. RCW 29.79.320 and 1965 c 9 s 29.79.320 are each amended to read as follows:
If an initiative measure proposed to the legislature has been rejected by the legislature and an alternative measure is passed by the legislature in lieu thereof the serial numbers and ballot titles of both such measures shall be so printed on the official ballots that a voter can express separately by making one cross (X) for each, two preferences: First, as between either measure and neither, and secondly, as between one and the other, as provided in the Constitution. Substantially the following form shall be a compliance with the constitutional provision:
INITIATED BY PETITION AND
ALTERNATIVE BY LEGISLATURE
Initiative Measure No. 25, entitled (here
insert the ballot ((title)) caption of the initiative measure).
Alternative Measure No. 25B, entitled (here
insert the ballot ((title)) caption of the alternative measure).
VOTE FOR EITHER, OR AGAINST BOTH
FOR EITHER Initiative No. 25 OR Alternative No. 25B............................................................................................................ G
AGAINST Initiative No. 25 AND Alternative No. 25B................................................................................................................. G
and vote FOR one.
FOR Initiative Measure No. 25.......................................................................................................................................................... G
FOR Alternative Measure No. 25B.................................................................................................................................................... G
NEW SECTION. Sec. 17. A new section is added to chapter 29.79 RCW to read as follows:
The code reviser, the secretary of state, and the attorney general may decline to process proposed initiative measures that are not in the form prescribed by law, or that primarily purport to amend the state Constitution, or that primarily purport to amend the Constitution or laws of the United States, or whose contents are otherwise beyond the scope of the initiative power. Questions about the constitutionality or the enforceability of an initiative measure if adopted shall not be a basis for excluding such a measure from the ballot. Nothing in this section is intended to limit the right of any person to litigate the constitutionality or enforceability of a ballot measure after its adoption.
Sec. 18. RCW 35A.29.120 and 1979 ex.s. c 18 s 31 are each amended to read as follows:
When any question is to be submitted to the
voters of a code city, or when a proposition is to be submitted to the voters
of an area under provisions of this title, the question or proposition shall be
advertised as provided for nominees for office, and in such cases there shall
also be printed on the ballot a ((concise statement)) ballot title
for the question or proposition in the form ((of a question and as
otherwise provided in)) applicable under section 1 of this act, RCW
29.27.060, ((which statement)) 82.14.036, 82.46.021, or 82.80.090 or
as otherwise expressly required by state law. The ballot title shall be
prepared by the attorney for the code city, or ((by the prosecuting attorney
for the county)) as specified in RCW 29.27.060 for elections held outside
of a code city. ((The concise statement shall constitute the ballot title.))
NEW SECTION. Sec. 19. RCW 29.79.040 and 1982 c 116 s 4, 1973 1st ex.s. c 118 s 2, & 1965 c 9 s 29.79.040 are each repealed.
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