AN ACT Relating to statements used to describe ballot propositions; amending RCW 29.27.060, 29.79.040, 29.79.050, 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. If the legislature does not provide the ballot title for a proposed constitutional amendment in the resolution containing the constitutional amendment that it has adopted, the attorney general shall formulate a ballot title. The ballot title for a proposed constitutional amendment shall be a concise statement posed as a question not exceeding seventy-five words.

The attorney general shall prepare a summary not exceeding seventy-five words, of each constitutional amendment that has been adopted by the legislature, whether or not the attorney general formulates the ballot title. The summary and the ballot title, if the ballot is to be prepared by the attorney general, shall be prepared within twenty days after 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. Neither the ballot title nor the summary may intentionally be an argument or be likely to create prejudice, either for or against the constitutional amendment. The summary shall be used in the voters' pamphlet and shall follow the ballot title in the voters' pamphlet.

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, and a negative answer to the question and a negative vote on the measure would result in no change in the Constitution.

NEW SECTION. Sec. 2. Upon the filing of the summary, or the ballot title and summary, of the constitutional amendment 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:

(1) The prime sponsor and next three sponsors, if any, of the resolution containing the constitutional amendment;

(2) The chief clerk of the house of representatives and the secretary of the senate; and

(3) Other persons who made written requests to the secretary of state for such notification.

NEW SECTION. Sec. 3. If any person is dissatisfied with the ballot title or summary of a constitutional amendment prepared by the attorney general, or if any person, including the attorney general, is dissatisfied with the ballot title included by the legislature in the resolution containing the constitutional amendment that the legislature has adopted, he or she 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. This appeal 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 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 costs to any party.

NEW SECTION. Sec. 4. When the ballot title and summary of a proposed constitutional amendment are finally established, the secretary of state shall file the instrument establishing it with the constitutional amendment and transmit a copy of it by mail to any person entitled to receive notice under section 2 of this act.

Sec. 5. Section 29.27.060, chapter 9, Laws of 1965 as last amended by section 3, chapter 4, Laws of 1977 and RCW 29.27.060 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, other than a proposed constitutional amendment, initiative, or referendum, the attorney general shall prepare a concise statement posed as a question and not exceeding ((~~twenty~~)) seventy-five words containing the essential features thereof expressed in such a manner as to clearly identify the proposition to be voted upon. The concise statement shall constitute the ballot title of the question.

(2) Questions to be submitted to the people of a county, city, town, municipal corporation, or ((~~municipality~~)) 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 ((~~twenty words, or~~)) seventy-five words ((~~in the case of a school district tax proposition,~~)) 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~~)) municipal corporation or special district, other than cities or towns, situated in the county. Such concise statement shall constitute the ballot title.

(3) 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. Section 29.79.040, chapter 9, Laws of 1965 as last amended by section 4, chapter 116, Laws of 1982 and RCW 29.79.040 are each amended to read as follows:

Within seven calendar days after the receipt of an initiative or referendum measure the attorney general shall formulate and transmit to the secretary of state a concise statement posed as a question and not to exceed ((~~twenty~~)) seventy-five words, bearing the serial number of the measure and a summary of the measure, not to exceed seventy-five words, to follow the statement. The statement may be distinct from the legislative title of the measure, and shall give a true and impartial statement of the purpose of the measure. Neither the statement nor the summary may intentionally be an argument, nor likely to create prejudice, either for or against the measure. Such concise statement shall constitute the ballot title. The ballot title and summary formulated by the attorney general shall be the ballot title and summary of the measure unless changed on appeal. When practicable, the question posed by the ballot title shall be written in such a way that an affirmative answer to such 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.

Sec. 7. Section 29.79.050, chapter 9, Laws of 1965 as last amended by section 5, chapter 116, Laws of 1982 and RCW 29.79.050 are each amended to read as follows:

Upon the filing of the ballot title and summary for an initiative or referendum measure in his 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 and summary.

Sec. 8. Section 29.79.060, chapter 9, Laws of 1965 as amended by section 6, chapter 116, Laws of 1982 and RCW 29.79.060 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 days from 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. Any person may respond to the petition, file responses to the objections, and become a party to the appeal.

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 costs to ((~~either~~)) any party.

NEW SECTION. Sec. 9. Sections 1 through 4 of this act shall be 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.