FINAL BILL REPORT
E2SHB 1272
C 78 L 24
Synopsis as Enacted
Brief Description: Concerning publishing, formatting, and distribution of the state and local voters' pamphlets.
Sponsors: House Committee on Appropriations (originally sponsored by Representatives Bergquist, Volz, Reeves, Gregerson, Christian, Riccelli and Schmidt).
House Committee on State Government & Tribal Relations
House Committee on Appropriations
Senate Committee on State Government & Elections
Background:

Statewide Voters' Pamphlet.
Production.
The Washington Constitution requires the Secretary of State (Secretary) to send a publication containing information about ballot measures referred to the people, along with arguments for and against each measure, to each individual place of residence in the state.  By statute, the Secretary also must send a voters' pamphlet if a statewide candidate appears on the ballot.


Contents.
The statewide voters' pamphlet must contain:

  • specific information about each measure initiated by or referred to the people, including explanatory statements prepared by the Attorney General, arguments for and against the measure, and a fiscal impact statement prepared by the Office of Financial Management (OFM); and
  • statements from candidates for federal and state offices that appear on the ballot that year.

 

Candidates may include a photograph and information about how to contact their campaign and, for partisan offices, a statement of political party preference or independent status.  Candidate statements and statements for or against ballot measures may not contain obscene matter.  Candidate statements also may not contain false or misleading statements about the candidate's opponent that are defamatory or libelous, as defined by statute.  Statements for and against ballot measures may include graphs and charts supported by factual statistical data and pictures or other illustrations, but cartoons and caricatures are not permitted.  The Secretary may petition the Thurston County Superior Court for a judicial determination that a statement may be rejected because it contains obscene matter or is otherwise prohibited by law for distribution by mail.  A person who is defamed by an argument or statement in a voter's pamphlet may seek a court order in Thurston County Superior Court to have the statement rejected.


The statewide voters' pamphlet must also provide contact information for the Public Disclosure Commission, which regulates campaign finance activities, and major political parties.

 

Distribution.
The Secretary must distribute the statewide voters' pamphlet to each household in the state, as well as to public libraries and other locations the Secretary deems appropriate.  The Secretary must produce a taped or braille transcript of the pamphlet to send to anyone who requests it.  The Secretary may distribute the voters' pamphlet in electronic form to computer networks, print and broadcast news, and similar services.

 

It is illegal to publish or distribute campaign material that is deceptively similar in design or appearance to a voters' pamphlet.  The Secretary may petition a superior court for a restraining order to stop such publication or distribution, and a violator may be fined up to $2 per copy or $1,000, whichever is greater.


Local Voters' Pamphlets.
Production.

Each county auditor must produce a local voters' pamphlet for the entire county.  Some counties have instead signed interlocal agreements with the Secretary to have local information about elections included with the statewide voters' pamphlet sent out by the Secretary.  In those situations, the county produces the local content for the Secretary to include.  Voters in those jurisdictions receive one pamphlet that includes all statewide and local elections.

 

Contents.
The local voters' pamphlet must include information about ballot measures and candidates within the jurisdiction.  The format of the pamphlet must mirror the statewide pamphlet whenever applicable.  Ballot measures must also include explanatory statements prepared by the prosecuting attorney for the county or by the jurisdiction's attorney, as well as statements for and against the measure.  Statements for and against are prepared by committees appointed by the legislative authority of the jurisdiction.  Candidates may submit a statement and a photograph.  Candidate statements in a local voters' pamphlet must be limited to statements about the candidate.


Distribution.
The local voters' pamphlet must be sent to every residence in each jurisdiction that has included information in the pamphlet.  If it is more economical and efficient, a pamphlet may instead be sent to every registered voter in the jurisdiction.  Local voters' pamphlets must be sent as soon as practicable before an election.

Summary:

Changes Specific to Local Voters' Pamphlets.

People appointed by the legislative authority of a jurisdiction to write arguments for and against ballot measures in local voters' pamphlets must reside within the jurisdictional boundaries.  If the legislative authority misses the deadline for appointments, the county auditor must issue a media release and publish information on the election website, and the auditor must appoint people on a first-come, first-served basis.  If no statement is produced, the auditor must include a statement to that effect in the pamphlet.

 

For cities, towns, or special districts located in more than one county, all information for the jurisdiction must appear in the local voters' pamphlets for each county.  This information must be submitted to the county auditor of the county that accepted the filings for that candidate or measure.

 

Other Notable Changes.

The maximum fine for publishing or distributing campaign material that is deceptively similar to a voters' pamphlet is increased:  a violator may be fined up to $5 per copy or $10,000, whichever is greater.

 

Minor language changes are made throughout.

Votes on Final Passage:
Final Passage Votes
House 57 33
Senate 29 20 (Senate amended)
House 85 10 (House concurred)
Effective:

January 1, 2025