S-0432.1          _______________________________________________

 

                           SENATE JOINT RESOLUTION 8206

                  _______________________________________________

 

State of Washington              54th Legislature             1995 Regular Session

 

By Senator Quigley

 

Read first time 01/11/95.  Referred to Committee on Government Operations.

 

Abolishing the secretary of state.



     BE IT RESOLVED, BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON, IN LEGISLATIVE SESSION ASSEMBLED:

     THAT, At the next general election to be held in this state there shall be submitted to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article III, sections 1, 3, 4, 10, 12, 15, 17, 18, 21, and 24 and to Article II, sections 1 and 34 of the Constitution of the state of Washington to read as follows:

 

     Article III, section 1.  EXECUTIVE DEPARTMENT. The executive department shall consist of a governor, lieutenant governor, ((secretary of state,)) treasurer, auditor, attorney general, superintendent of public instruction, and a commissioner of public lands, who shall be severally chosen by the qualified electors of the state at the same time and place of voting as for the members of the legislature.

 

     Article III, section 3.  OTHER EXECUTIVE OFFICERS, TERMS OF OFFICE.  The lieutenant governor, ((secretary of state,)) treasurer, auditor, attorney general, superintendent of public instruction, and commissioner of public lands, shall hold their offices for four years respectively, and until their successors are elected and qualified.

 

     Article III, section 4.  RETURNS OF ELECTIONS, CANVASS, ETC.  The returns of every election for the officers named in the first section of this article shall be sealed up and transmitted to the seat of government by the returning officers, directed to the ((secretary of state)) attorney general, who shall deliver the same to the speaker of the house of representatives at the first meeting of the house thereafter, who shall open, publish, and declare the result thereof in the presence of a majority of the members of both houses.  The person having the highest number of votes shall be declared duly elected, and a certificate thereof shall be given to such person, signed by the presiding officers of both houses; but if any two or more shall be highest and equal in votes for the same office, one of them shall be chosen by the joint vote of both houses.  Contested elections for such officers shall be decided by the legislature in such manner as shall be determined by law.  The terms of all officers named in section one of this article shall commence on the second Monday in January after their election until otherwise provided by law.

 

     Article III, section 10.  VACANCY IN OFFICE OF GOVERNOR.  In case of the removal, resignation, death, or disability of the governor, the duties of the office shall devolve upon the lieutenant governor; and in case of a vacancy in both the offices of governor and lieutenant governor, the duties of the governor shall devolve upon the ((secretary of state)) attorney general.  In addition to the line of succession to the office and duties of governor as hereinabove indicated, if the necessity shall arise, in order to fill the vacancy in the office of governor, the following state officers shall succeed to the duties of governor and in the order named, viz.:  Treasurer, auditor, ((attorney general,)) superintendent of public instruction, and commissioner of public lands.  In case of the death, disability, or failure or refusal of the person regularly elected to the office of governor to qualify at the time provided by law, the duties of the office shall devolve upon the person regularly elected to and qualified for the office of lieutenant governor, who shall act as governor until the disability be removed, or a governor be elected; and in case of the death, disability, or failure or refusal of both the governor and the lieutenant governor elect to qualify, the duties of the governor shall devolve upon the ((secretary of state)) attorney general; and in addition to the line of succession to the office and duties of governor as hereinabove indicated, if there shall be the failure or refusal of any officer named above to qualify, and if the necessity shall arise by reason thereof, then in that event in order to fill the vacancy in the office of governor, the following state officers shall succeed to the duties of governor in the order named, viz:  Treasurer, auditor, ((attorney general,)) superintendent of public instruction, and commissioner of public lands.  Any person succeeding to the office of governor as in this section provided, shall perform the duties of such office only until the disability be removed, or a governor be elected and qualified; and if a vacancy occur more than thirty days before the next general election occurring within two years after the commencement of the term, a person shall be elected at such election to fill the office of governor for the remainder of the unexpired term.

 

     Article III, section 12.  VETO POWERS.  Every act which shall have passed the legislature shall be, before it becomes a law, presented to the governor.  If he approves, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, which house shall enter the objections at large upon the journal and proceed to reconsider.  If, after such reconsideration, two‑thirds of the members present shall agree to pass the bill it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two‑thirds of the members present, it shall become a law; but in all such cases the vote of both houses shall be determined by the yeas and nays, and the names of the members voting for or against the bill shall be entered upon the journal of each house respectively.  If any bill shall not be returned by the governor within five days, Sundays excepted, after it shall be presented to him, it shall become a law without his signature, unless the general adjournment shall prevent its return, in which case it shall become a law unless the governor, within twenty days next after the adjournment, Sundays excepted, shall file such bill with his objections thereto, in the office of ((secretary of state)) the attorney general, who shall lay the same before the legislature at its next session in like manner as if it had been returned by the governor: Provided, That within forty‑five days next after the adjournment, Sundays excepted, the legislature may, upon petition by a two‑thirds majority or more of the membership of each house, reconvene in extraordinary session, not to exceed five days duration, solely to reconsider any bills vetoed.  If any bill presented to the governor contain several sections or appropriation items, he may object to one or more sections or appropriation items while approving other portions of the bill:  Provided, That he may not object to less than an entire section, except that if the section contain one or more appropriation items he may object to any such appropriation item or items.  In case of objection he shall append to the bill, at the time of signing it, a statement of the section or sections, appropriation item or items to which he objects and the reasons therefor; and the section or sections, appropriation item or items so objected to shall not take effect unless passed over the governor's objection, as hereinbefore provided.  The provisions of Article II, section 12 insofar as they are inconsistent herewith are hereby repealed.

 

     Article III, section 15.  COMMISSIONS, HOW ISSUED.  All commissions shall issue in the name of the state, shall be signed by the governor, sealed with the seal of the state, and attested by the ((secretary of state)) attorney general.

 

     Article III, section 17.  ((SECRETARY OF STATE)) ATTORNEY GENERAL, ADDITIONAL DUTIES ((AND SALARY)).  In addition to the duties specified in Article III, section 21, the ((secretary of state)) attorney general shall keep a record of the official acts of the legislature, and executive department of the state, and shall, when required, lay the same, and all matters relative thereto, before either branch of the legislature, and shall perform such other duties as shall be assigned him by law.  ((He shall receive an annual salary of twenty‑five hundred dollars, which may be increased by the legislature, but shall never exceed three thousand dollars per annum.))

 

     Article III, section 18.  SEAL.  There shall be a seal of the state kept by the ((secretary of state)) attorney general for official purposes, which shall be called, "The Seal of the State of Washington."

 

     Article III, section 21.  ATTORNEY GENERAL, DUTIES AND SALARY.  The attorney general shall be the legal adviser of the state officers, and shall perform such other duties as may be prescribed by law.  Effective January 13, 1997, the attorney general shall assume responsibility for all duties previously assigned by law to the secretary of state.  He shall receive an annual salary of two thousand dollars, which may be increased by the legislature, but shall never exceed thirty‑five hundred dollars per annum.

 

     Article III, section 24.  RECORDS, WHERE KEPT, ETC.  The governor, ((secretary of state,)) treasurer, auditor, superintendent of public instruction, commissioner of public lands, and attorney general shall severally keep the public records, books, and papers relating to their respective offices, at the seat of government, at which place also the governor, ((secretary of state)) attorney general, treasurer, and auditor shall reside.

 

     Article II, section 1.  LEGISLATIVE POWERS, WHERE VESTED.  The legislative authority of the state of Washington shall be vested in the legislature, consisting of a senate and house of representatives, which shall be called the legislature of the state of Washington, but the people reserve to themselves the power to propose bills, laws, and to enact or reject the same at the polls, independent of the legislature, and also reserve power, at their own option, to approve or reject at the polls any act, item, section, or part of any bill, act, or law passed by the legislature.

     (a)  Initiative:  The first power reserved by the people is the initiative.  Every such petition shall include the full text of the measure so proposed.  In the case of initiatives to the legislature and initiatives to the people, the number of valid signatures of legal voters required shall be equal to eight percent of the votes cast for the office of governor at the last gubernatorial election preceding the initial filing of the text of the initiative measure with the secretary of state.

     Initiative petitions shall be filed with the ((secretary of state)) attorney general not less than four months before the election at which they are to be voted upon, or not less than ten days before any regular session of the legislature.  If filed at least four months before the election at which they are to be voted upon, he shall submit the same to the vote of the people at the said election.  If such petitions are filed not less than ten days before any regular session of the legislature, he shall certify the results within forty days of the filing.  If certification is not complete by the date that the legislature convenes, he shall provisionally certify the measure pending final certification of the measure.  Such initiative measures, whether certified or provisionally certified, shall take precedence over all other measures in the legislature except appropriation bills and shall be either enacted or rejected without change or amendment by the legislature before the end of such regular session.  If any such initiative measures shall be enacted by the legislature it shall be subject to the referendum petition, or it may be enacted and referred by the legislature to the people for approval or rejection at the next regular election.  If it is rejected or if no action is taken upon it by the legislature before the end of such regular session, the ((secretary of state)) attorney general shall submit it to the people for approval or rejection at the next ensuing regular general election.  The legislature may reject any measure so proposed by initiative petition and propose a different one dealing with the same subject, and in such event both measures shall be submitted by the ((secretary of state)) attorney general to the people for approval or rejection at the next ensuing regular general election.  When conflicting measures are submitted to the people the ballots shall be so printed that a voter can express separately by making one cross (X) for each, two preferences, first, as between either measure and neither, and secondly, as between one and the other.  If the majority of those voting on the first issue is for neither, both fail, but in that case the votes on the second issue shall nevertheless be carefully counted and made public.  If a majority voting on the first issue is for either, then the measure receiving a majority of the votes on the second issue shall be law.

     (b)  Referendum.  The second power reserved by the people is the referendum, and it may be ordered on any act, bill, law, or any part thereof passed by the legislature, except such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions, either by petition signed by the required percentage of the legal voters, or by the legislature as other bills are enacted:  Provided, That the legislature may not order a referendum on any initiative measure enacted by the legislature under the foregoing subsection (a). The number of valid signatures of registered voters required on a petition for referendum of an act of the legislature or any part thereof, shall be equal to or exceeding four percent of the votes cast for the office of governor at the last gubernatorial election preceding the filing of the text of the referendum measure with the ((secretary of state)) attorney general.

     (c)  No act, law, or bill subject to referendum shall take effect until ninety days after the adjournment of the session at which it was enacted.  No act, law, or bill approved by a majority of the electors voting thereon shall be amended or repealed by the legislature within a period of two years following such enactment:  Provided,  That any  such act, law, or bill may be amended within two years after such enactment at any regular or special session of the legislature by a vote of two‑thirds of all the members elected to each house with full compliance with section 12, Article III, of the Washington Constitution, and no amendatory law adopted in accordance with this provision shall be subject to referendum.  But such enactment may be amended or repealed at any general regular or special election by direct vote of the people thereon.

     (d) The filing of a referendum petition against one or more items, sections, or parts of any act, law, or bill shall not delay the remainder of the measure from becoming operative.  Referendum petitions against measures passed by the legislature shall be filed with the ((secretary of state)) attorney general not later than ninety days after the final adjournment of the session of the legislature which passed the measure on which the referendum is demanded.  The veto power of the governor shall not extend to measures initiated by or referred to the people.  All elections on measures referred to the people of the state shall be had at the next succeeding regular general election following the filing of the measure with the ((secretary of state)) attorney general, except when the legislature shall order a special election.  Any measure initiated by the people or referred to the people as herein provided shall take effect and become the law if it is approved by a majority of the votes cast thereon:  Provided, That the vote cast upon such question or measure shall equal one‑third of the total votes cast at such election and not otherwise.  Such measure shall be in operation on and after the thirtieth day after the election at which it is approved.  The style of all bills proposed by initiative petition shall be:  "Be it enacted by the people of the State of Washington."  This section shall not be construed to deprive any member of the legislature of the right to introduce any measure. All such petitions shall be filed with the ((secretary of state)) attorney general, who shall be guided by the general laws in submitting the same to the people until additional legislation shall especially provide therefor.  This section is self‑executing, but legislation may be enacted especially to facilitate its operation.

     (e) The legislature shall provide methods of publicity of all laws or parts of laws, and amendments to the Constitution referred to the people with arguments for and against the laws and amendments so referred.  The ((secretary of state)) attorney general shall send one copy of the publication to each individual place of residence in the state and shall make such additional distribution as he shall determine necessary to reasonably assure that each voter will have an opportunity to study the measures prior to election.

 

     Article II, section 34.  BUREAU OF STATISTICS, AGRICULTURE, AND IMMIGRATION.  There shall be established in the office of the ((secretary of state)) attorney general, a bureau of statistics, agriculture, and immigration, under such regulations as the legislature may provide.

 

     BE IT FURTHER RESOLVED, That this amendment will take effect January 13, 1997, but no primary or election for the office of secretary of state will be held in 1996.

 

     BE IT FURTHER RESOLVED, That the foregoing amendment shall be construed as a single amendment within the meaning of Article XXIII, section 1 of the state Constitution.

     The legislature finds that the changes contained in the foregoing amendment constitute a single integrated plan for transferring the duties of the secretary of state to the attorney general.  If the foregoing amendment is held to be separate amendments, this joint resolution is void in its entirety and is of no further force and effect.

 

     BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of the foregoing constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.

 

 


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