H-3794

AN ACT Relating to ballot issues; amending RCW 29.27.060, 29.79.040, 29.79.110, 29.27.065, 29.27.067, and 35A.29.120; and adding a new section to chapter 29.79 RCW.

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 title 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 concise statement shall be prepared by the attorney general and 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 concise statement shall be prepared by the city or town attorney. If the local governmental unit is a county, the concise statement shall be prepared by the prosecuting attorney of the county. If the unit is a unit of local government other than a city, town, or county, the concise statement shall be prepared by the county within which the unit is located.

(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 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 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 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.

(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 29.79.040 and 1982 c 116 s 4 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)) the concise statement ((~~posed as a question and not to exceed twenty words,~~)) required by RCW 29.27.060 or section 1 of this act 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. Except as provided for in section 1 of this act, such a concise statement shall constitute the ballot title. The ballot title or, for a referendum against a state enactment, the concise statement formulated by the attorney general shall be the ballot title of or concise statement for 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. 4. 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. 5. 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 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.

Sec. 6. 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 or section 1 of this act are dissatisfied with the ballot title or concise statement 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 or statement appeal 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, by petition setting forth the measure, the ballot title or statement objected to, their objections to ((the ballot title)) it and praying for amendment thereof. The time of the filing of the ballot title or statement, as used herein in determining the time for appeal, is the time the ballot title or statement 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 and the official preparing the ballot title or statement. 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 or concise statement filed and the objections thereto and may hear arguments thereon, and shall as soon as possible render its decision and certify to and file with the filing officer such ballot title or statement as it determines will meet the requirements of this chapter. The decision of the superior court shall be final, and the title or statement so certified shall be the established ballot title or concise statement. Such appeal shall be heard without cost to either party.

~~Sec.~~ 7. ~~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.~~))