5071-S

AN ACT Relating to local voters' pamphlets; and amending RCW 29.81A.010, 29.81A.020, 29.81A.040, and 29.81A.080.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 29.81A.010 and 1984 c 106 s 3 are each amended to read as follows:

At least ninety days before any primary or general election, or at least ((~~forty~~)) forty-five days before any special election held under RCW 29.13.010 or 29.13.020, the legislative authority of any county or first-class or code city may adopt an ordinance authorizing the publication, in printed or electronic format or both, and distribution of a local voters' pamphlet. The pamphlet shall provide information on all measures ((~~within~~)) that will be on the ballot in that jurisdiction and may, if specified in the ordinance, include information on candidates ((~~within~~)) whose names will be on the ballot in that jurisdiction. If both a county and a first-class or code city within that county authorize a local voters' pamphlet for the same election, the pamphlet shall be produced jointly by the county and the first-class or code city. If no agreement can be reached between the county and first-class or code city, the county and first-class or code city may each produce a pamphlet. Any ordinance adopted authorizing a local voters' pamphlet may be for a specific primary, special election, or general election or for any future primaries or elections. The format of any local voters' pamphlet shall, whenever applicable, comply with the provisions of chapters 29.80 and 29.81 RCW regarding the publication of the state candidates' and voters' pamphlets.

Sec. 2. RCW 29.81A.020 and 1994 c 191 s 1 are each amended to read as follows:

(1) Not later than ((~~ninety days~~)) May 1st for a primary or general election or ninety days before a special election not scheduled at the same time as a primary or general election, before the publication and distribution of a local voters' pamphlet by a county, the county auditor shall notify each city, town, or special taxing district located ((~~wholly~~)) within that county that a pamphlet will be produced. (2) If a voters' pamphlet is published by the county for a primary or general election, the pamphlet shall be published for the elective offices and ballot measures of the county and for the elective offices and ballot measures of each unit of local government located ((~~entirely~~)) within the county which will appear on the ballot at that primary or election. However, the offices and measures of a first class or code city shall not be included in the pamphlet if the city publishes and distributes its own voters' pamphlet for the primary or election for its offices and measures. The offices and measures of any other town or city are not required to appear in the county's pamphlet if the town or city is obligated by ordinance or charter to publish and distribute a voters' pamphlet for the primary or election for its offices and measures and it does so.

If the required appearance in a county's voters' pamphlet of the offices or measures of a unit of local government would create ((~~undo [undue]~~)) undue financial hardship for the unit of government, the legislative authority of the unit may petition the legislative authority of the county to waive this requirement. The legislative authority of the county may provide such a waiver if it does so not later than ((~~sixty days before the publication of the pamphlet and~~)) June 15th for a primary or general election or sixty days before a special election not occurring at the same time as a primary or general election where a pamphlet will be published if it finds that the requirement would create such hardship.

(3) If a city, town, or district is located within more than one county, the respective county auditors may enter into an interlocal agreement to permit the distribution of each county's local voters' pamphlet into those parts of the city, town, or district located outside of that county.

(4) If a first-class or code city authorizes the production and distribution of a local voters' pamphlet, the city clerk of that city shall notify any special taxing district located ((~~wholly~~)) within that city that a pamphlet will be produced. Notification shall be provided in the manner required or provided for in subsection (1) of this section.

(5) A unit of local government located within a county and the county may enter into an interlocal agreement for the publication of a voters' pamphlet for offices or measures not required by subsection (2) of this section to appear in a county's pamphlet.

Sec. 3. RCW 29.81A.040 and 1984 c 106 s 6 are each amended to read as follows:

The local voters' pamphlet shall include but not be limited to the following:

(1) Appearing on the cover, the words "official local voters' pamphlet," the name of the jurisdiction producing the pamphlet, the jurisdictions that have measures or candidates in the pamphlet, and the date of the election or primary;

(2) Information on how a person may register to vote and obtain an absentee ballot;

(3) The ((~~text~~)) ballot title of each measure accompanied by an explanatory statement prepared by the prosecuting attorney for any county measure or by the attorney for the jurisdiction submitting the measure if other than a county measure. The explanatory statement shall not intentionally be an argument likely to create prejudice either for, or against, the measure. All explanatory statements for city, town, or district measures ((~~not approved by the attorney for the jurisdiction submitting the measure~~)) shall be reviewed and approved by the county prosecuting attorney ((~~or city attorney, when applicable,~~)) before inclusion in the pamphlet. The full text of the measure may be either included in the pamphlet or made available upon request at the discretion of the jurisdiction publishing the pamphlet;

(4) The arguments for and against each measure submitted by committees selected pursuant to RCW 29.81A.080.

Sec. 4. RCW 29.81A.080 and 1994 c 191 s 2 are each amended to read as follows:

For each measure from a unit of local government that is included in a local voters' pamphlet, the legislative authority of that jurisdiction shall, not later than forty-five days before the publication of the pamphlet, formally appoint a committee to prepare arguments advocating voters' approval of the measure and shall formally appoint a committee to prepare arguments advocating voters' rejection of the measure. The authority shall appoint persons known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons known to oppose the measure to serve on the committee advocating rejection. Each committee shall have not more than three members, however, a committee may seek the advice of any person or persons. If the legislative authority of a unit of local government fails to make such appointments by the prescribed deadline, the county auditor shall whenever possible make the appointments. The county auditor shall notify press, radio, and television in the county of the need to make such appointments.