H-4296.5 _______________________________________________
SUBSTITUTE HOUSE BILL 2587
_______________________________________________
State of Washington 56th Legislature 2000 Regular Session
By House Committee on State Government (originally sponsored by Representatives Kagi and Lambert; by request of Attorney General)
Read first time 02/04/2000. Referred to Committee on .
AN ACT Relating to ballot titles; amending RCW 29.79.040, 29.79.050, 29.79.060, 29.79.070, 29.79.290, 29.27.065, 29.79.055, and 29.27.067; adding a new section to chapter 29.79 RCW; adding new sections to chapter 29.27 RCW; creating a new section; recodifying RCW 29.79.055; and repealing RCW 29.27.060, 29.79.260, 29.79.310, and 29.79.320.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
PART I - STATE INITIATIVES AND REFERENDUMS
NEW SECTION. Sec. 1. A new section is added to chapter 29.79 RCW to read as follows:
(1) The ballot title for an initiative to the people, an initiative to the legislature, a referendum bill, or a referendum measure consists of: (a) A statement of the subject of the measure; (b) a concise description of the measure; and (c) a question in the form prescribed in this section for the ballot measure in question. The statement of the subject of a measure must be sufficiently broad to reflect the subject of the measure, sufficiently precise to give notice of the measure's subject matter, and not exceed ten words. The concise description must contain no more than thirty words, be a true and impartial description of the measure's essential contents, clearly identify the proposition to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the measure.
(2) For an initiative to the people, or for an initiative to the legislature for which the legislature has not proposed an alternative, the ballot title must be displayed on the ballot substantially as follows:
"Initiative Measure No. . . . concerns (statement of subject). This measure would (concise description). Should this measure be enacted into law?
Yes ............................................................ G
No ............................................................ G"
(3) For an initiative to the legislature for which the legislature has proposed an alternative, the ballot title must be displayed on the ballot substantially as follows:
"Initiative Measure Nos. . . . and . . .B concern (statement of subject).
Initiative Measure No. . . . would (concise description).
As an alternative, the legislature has proposed Initiative Measure No. . . .B, which would (concise description).
1. Should either of these measures be enacted into law?
Yes ............................................................ G
No ............................................................. G
2. Regardless of whether you voted yes or no above, if one of these measures is enacted, which one should it be?
Measure No. ................................................ G
or
Measure No. ............................................... G"
(4) For a referendum bill submitted to the people by the legislature, the ballot issue must be displayed on the ballot substantially as follows:
"The legislature has passed .... Bill No. ... concerning (statement of subject). This bill would (concise description). Should this bill be:
Approved ....................................................... G
Rejected ...................................................... G"
(5) For a referendum measure by state voters on a bill the legislature has passed, the ballot issue must be displayed on the ballot substantially as follows:
"The legislature passed ... Bill No. ... concerning (statement of subject) and voters have filed a sufficient referendum petition on this bill. This bill would (concise description). Should this bill be:
Approved ....................................................... G
Rejected ...................................................... G"
(6) The legislature may specify the statement of subject or concise description, or both, in a referendum bill that it refers to the people. The legislature may specify the concise description for an alternative it submits for an initiative to the legislature. If the legislature fails to specify these matters, the attorney general shall prepare the material that was not specified. The statement of subject and concise description as so provided must be included as part of the ballot title unless changed on appeal.
The attorney general shall specify the statement of subject and concise description for an initiative to the people, an initiative to the legislature, and a referendum measure. The statement of subject and concise description as so provided must be included as part of the ballot title unless changed on appeal.
Sec. 2. RCW 29.79.040 and 1993 c 256 s 9 are each amended to read as follows:
Within
((seven calendar)) five days after the receipt of an initiative
or referendum ((measure)) the attorney general shall formulate ((and
transmit to the secretary of state the concise statement)) the ballot
title, or portion of the ballot title that the legislature has not provided,
required by ((RCW 29.27.060 or 29.79.055 bearing the serial number of the
measure)) section 1 of this act 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 RCW 29.79.055,
such a concise statement shall constitute the ballot title. The ballot title
or, for a referendum on a state enactment, the concise statement formulated by
the attorney general shall be the ballot title of or concise statement
describing 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)) and transmit the serial number for the measure, complete
ballot title, and summary to the secretary of state. Saturdays, Sundays, and
legal holidays are not counted in calculating the time limits in this section.
Sec. 3. RCW 29.79.050 and 1982 c 116 s 5 are each amended to read as follows:
Upon
the filing of the ballot title and summary for ((an)) a state
initiative or referendum measure in ((his)) the office of
secretary of state, the secretary of state shall ((forthwith))
notify by telephone and by mail, and, if requested, by other electronic
means, the person proposing the measure, the prime sponsor of a
referendum bill or alternative to an initiative to the legislature, the chief
clerk of the house of representatives, the secretary of the senate, and any
other individuals who have made written request for such notification of the exact
language of the ballot title and summary.
Sec. 4. RCW 29.79.060 and 1982 c 116 s 6 are each amended to read as follows:
((If))
Any persons ((is)), including the attorney general or
either or both houses of the legislature, dissatisfied with the ballot
title or summary ((formulated by the attorney general, he or she)) for
a state initiative or referendum 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 ballot
title or summary ((formulated by the attorney general)), and ((his or
her)) their objections to the ballot title or summary and requesting
amendment of the ballot title or summary by the court. Saturdays,
Sundays, and legal holidays are not counted in calculating the time limits
contained in this section.
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 ballot
title or summary ((prepared by the attorney general)), and the
objections to that ballot 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 party.
Sec. 5. RCW 29.79.070 and 1982 c 116 s 7 are each amended to read as follows:
When the ballot title and summary are finally established, the secretary of state shall file the instrument establishing it with the proposed measure and transmit a copy thereof by mail to the person proposing the measure, the chief clerk of the house of representatives, the secretary of the senate, and to any other individuals who have made written request for such notification. Thereafter such ballot title shall be the title of the measure in all petitions, ballots, and other proceedings in relation thereto. The summary shall appear on all petitions directly following the ballot title.
Sec. 6. RCW 29.79.290 and 1965 c 9 s 29.79.290 are each amended to read as follows:
For
a measure designated ((by him)) as "Alternative Measure No.
. . . . B," the secretary of state shall obtain from the
measure adopting the alternative, or otherwise the attorney general ((a
ballot title in the manner provided for obtaining ballot titles for initiative
measures. The ballot title therefor shall be different from the ballot title
of the measure in lieu of which it is proposed, and shall indicate)), a
concise description of the alternative measure that differs from the concise
description of the original initiative and indicates as clearly as possible((,))
the essential differences ((in)) between the two measures.
PART II - CONSTITUTION
AND OTHER STATE BALLOT PROPOSITIONS
NEW SECTION. Sec. 7. A new section is added to chapter 29.27 RCW to read as follows:
(1) When a proposed constitutional amendment is to be submitted to the people of the state for state-wide popular vote, the ballot title consists of: (a) A statement of the subject of the amendment; (b) a concise description of the amendment; and (c) a question in the form prescribed in this section. The statement of the subject of a constitutional amendment must be sufficiently broad to reflect the nature of the amendment, sufficiently precise to give notice of the amendment's subject matter, and not exceed ten words. The concise description must contain no more than thirty words, give a true and impartial description of the amendment's essential contents, clearly identify the amendment to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the amendment.
The ballot title for a proposed constitutional amendment must be displayed on the ballot substantially as follows:
"The legislature has proposed a constitutional amendment on (statement of subject). This amendment would (concise description). Should this constitutional amendment be:
Approved ....................................................... G
Rejected ...................................................... G"
(2) When a proposed new constitution is submitted to the people of the state by a constitutional convention for state-wide popular vote, the ballot title consists of: (a) A concise description of the new constitution; and (b) a question in the form prescribed in this section. The concise description must contain no more than thirty words, give a true and impartial description of the new constitution's essential contents, clearly identify the proposed constitution to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the new constitution.
The ballot title for a proposed new constitution must be displayed on the ballot substantially as follows:
"The constitutional convention approved a new proposed state constitution that (concise description). Should this proposed constitution be:
Approved ....................................................... G
Rejected ...................................................... G"
(3) The legislature may specify the statement of subject or concise description, or both, in a constitutional amendment that it submits to the people. If the legislature fails to specify the statement of subject or concise description, or both, the attorney general shall prepare the material that was not specified. The statement of subject and concise description as so provided must be included as part of the ballot title unless changed on appeal.
The attorney general shall specify the concise description for a proposed new constitution that is submitted to the people by a constitutional convention, and the concise description as so provided must be included as part of the ballot title unless changed on appeal.
(4) 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.
NEW SECTION. Sec. 8. A new section is added to chapter 29.27 RCW to read as follows:
The ballot title for a constitutional amendment or proposed constitution must be filed with the secretary of state in the same manner as the ballot title and summary for a state initiative or referendum are filed.
Sec. 9. RCW 29.27.065 and 1993 c 256 s 11 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 RCW 29.79.055)) under section 7 or 10 of
this act, the secretary of state((, in the 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)) shall
provide notice of the exact language of the ballot title and summary to
the chief clerk of the house of representatives, the secretary of the senate,
and the prime sponsor of measure.
NEW SECTION. Sec. 10. A new section is added to chapter 29.27 RCW to read as follows:
(1) If the legislature submits a question to the people for a state-wide popular vote that is not governed by section 1 or 7 of this act, the ballot title on the question consists of: (a) A description of the subject; and (b) a question in the form prescribed in this section. The statement of the subject of the question must be sufficiently broad to reflect the subject of the question, sufficiently precise to give notice of the question's subject matter, and not exceed ten words. The question must contain no more than thirty words.
The ballot title for such a question must be displayed on the ballot substantially as follows:
"The following question concerning (description of subject) has been submitted to the voters: (Question as submitted).
Yes ............................................................ G
No ............................................................ G"
(2) The legislature may specify the statement of subject for a question and shall specify the question that it submits to the people. If the legislature fails to specify the statement of subject, the attorney general shall prepare the statement of subject. The statement of subject and question as so provided must be included as part of the ballot title unless changed on appeal.
NEW SECTION. Sec. 11. A new section is added to chapter 29.27 RCW to read as follows:
If any persons are dissatisfied with the ballot title for a proposed constitution, constitutional amendment, or question submitted under section 10 of this act, they may at any time within ten days from the time of the filing of the ballot title and summary, not including Saturdays, Sundays, or legal holidays, appeal to the superior court of Thurston county by petition setting forth the measure, the ballot title objected to, their objections to it, and praying for amendment of the ballot title. The time of the filing of the ballot title, as used in this section for establishing the time for appeal, is the time the ballot title is first filed with the secretary of state.
A copy of the petition on appeal together with a notice that an appeal has been taken must be served upon the secretary of state, the attorney general, the chief clerk of the house of representatives, and the secretary of the senate. Upon the filing of the petition on appeal, the court shall immediately, or at the time to which a hearing may be adjourned by consent of the appellants, examine the proposed measure, the ballot title filed, and the objections to it and may hear arguments on it, and shall as soon as possible render its decision and certify to and file with the secretary of state a ballot title that it determines will meet the requirements of this chapter. The decision of the superior court is final, and the ballot title so certified will be the established ballot title. The appeal must be heard without cost to either party.
PART III - LOCAL MEASURES
Sec. 12. RCW 29.79.055 and 1993 c 256 s 7 are each amended 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 on an enactment or portion of an
enactment ((of the state legislature or of the legislative authority of a
unit)) of a local government ((shall be composed)) and any
other question submitted to the voters of a local government consists of
three elements: (a) An identification of the enacting legislative body and
a statement of the subject matter; (b) a concise ((statement identifying
the essential features of the enactment on which the referendum is filed; and
(c) a question asking the voters whether the enactment should be approved or
rejected by the people. 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
APPROVED . . . . . . .
OR
REJECTED . . . . . . .
(2)
For a referendum measure on 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 on an enactment of the
legislative authority of a unit of local government shall)) description
of the measure; and (c) a question. The ballot title must conform with the
requirements and be displayed substantially as provided under section 1 of this
act, except that the concise description must 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 prosecuting attorney of the county within which the majority area of the unit
is located.
(((4)))
(2) A referendum measure on the enactment of a unit of local government
shall be advertised in the manner provided for nominees for elective office.
(3) Subsection (1) of this section does not apply if another provision of law specifies the ballot title for a specific type of ballot question or proposition.
NEW SECTION. Sec. 13. A new section is added to chapter 29.27 RCW to read as follows:
Upon the filing of a ballot title of a question to be submitted to the people of a county or municipality, the county auditor shall provide notice of the exact language of the ballot title to the persons proposing the measure, the county or municipality, and to any other person requesting a copy of the ballot title.
Sec. 14. RCW 29.27.067 and 1993 c 256 s 12 are each amended to read as follows:
If
((the persons filing any state or local question covered by RCW 29.27.060 or
29.79.055)) any persons are dissatisfied with the ballot title ((or
concise statement)) for a local ballot measure that was 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)), not including
Saturdays, Sundays, and legal holidays, 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 it, and praying
for amendment ((thereof)) of it. The time of the filing of the
ballot title ((or statement)), as used ((herein)) in this
section 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)) county auditor
and the official preparing the ballot title ((or statement)). Upon the
filing of the petition on appeal, the court shall ((forthwith)) immediately,
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)) to it
and may hear arguments ((thereon)) on it, and shall as soon as
possible render its decision and certify to and file with the ((filing
officer such)) county auditor a ballot title ((or statement as))
that it determines will meet the requirements of this chapter. The
decision of the superior court ((shall be)) is final, and the ballot
title or statement so certified ((shall)) will be the established
ballot title ((or concise statement)). ((Such)) The
appeal ((shall)) must be heard without cost to either party.
PART IV - TECHNICAL
NEW SECTION. Sec. 15. The following acts or parts of acts are each repealed:
(1) RCW 29.27.060 (Certification of measures--Ballot titles--Exceptions) and 1995 c 185 s 1, 1993 c 256 s 8, 1985 c 252 s 1, 1977 c 4 s 3, 1973 1st ex.s. c 118 s 1, & 1965 c 9 s 29.27.060;
(2) RCW 29.79.260 (Referendum bills by legislature--Ballot title) and 1965 c 9 s 29.79.260;
(3) RCW 29.79.310 (Form of ballot) and 1982 c 116 s 16 & 1965 c 9 s 29.79.310; and
(4) RCW 29.79.320 (Form of ballot for alternative measures) and 1965 c 9 s 29.79.320.
NEW SECTION. Sec. 16. RCW 29.79.055 is recodified in chapter 29.27 RCW.
NEW SECTION. Sec. 17. Part headings used in this act are not part of the law.
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