SENATE BILL REPORT

SB 5425

BYSenators Kreidler, McCaslin and DeJarnatt

Revising procedures for captions, titles, and summaries of ballot measures.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 16, 1989

Senate Staff:Sam Thompson (786-7754); Barbara Howard (786-7410)

AS OF FEBRUARY 15, 1989

BACKGROUND:

Ballot titles for state ballot measures are limited to 20 words, framed as a question.  The Attorney General prepares the ballot titles.  The ballot title and a 75-word summary of a measure, also prepared by the Attorney General, are printed on petitions for the gathering of signatures of registered voters.

Persons dissatisfied with a ballot title or summary may challenge the title or summary after it is filed with the Secretary of State.  An appeal petition must be filed in Thurston County Superior Court within five days of the filing of the title; the superior court judge is to render a decision within five days.  Petition signature-gathering must await the decision of the superior court.

Recently, a number of ballot titles have been challenged.  The concern has been raised that some challenges are a delaying tactic to reduce the number of signature-gathering days available to proponents of an initiative or referendum.  It is proposed that a ballot title should not be prepared for an initiative or referendum (and be subject to challenge) until sufficient signatures have been gathered and the measure has been certified for the ballot.

It is suggested that the current 20-word limitation on ballot titles is too restrictive for some measures.  It is also suggested that some ballot titles are difficult to understand and that standards for the readability of ballot titles should be promulgated.  Clearer ballot instructions for voting on initiatives to the Legislature and legislative alternatives are proposed.

SUMMARY:

The maximum length of a ballot title for an initiative or citizen-initiated referendum is increased from 20 words to 30 words.  A caption of up to five words will be prepared for initiative and referendum petitions rather than a ballot title. The currently required 75-word summary will follow the caption on the petition.

The ballot title will only be prepared for such measures after sufficient signatures have been gathered and a measure has been certified for the ballot.  Neither the five word caption nor the 75-word summary prepared for the petition may be challenged, but the ballot title may still be challenged after the measure has been certified.

The Secretary of State and the Attorney General are to agree upon standards for the readability of ballot titles.  Failure to agree upon the standards may not be the basis for the invalidation of a title. 

More explicit ballot instructions concerning voting on initiatives to the Legislature and legislative alternatives are specified.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested