[atlas:bill]

AN ACT Relating to fiscal information on ballot measures; amending RCW 29.81.240, 29.81.250, 29.81.280, 29.81.290, and 29.81.310; 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) The office of financial management, in consultation with the secretary of state, the department of revenue, other state agencies, selected local governments and associations of local governments, and legislative fiscal staff, when appropriate, shall prepare a fiscal impact statement for each:

(a) Initiative to the people certified for the ballot under RCW 29.79.230;

(b) Initiative to the legislature certified for the ballot under RCW 29.79.270;

(d) Referendum bill referred to voters by the legislature under RCW 29.79.250; and

(e) Referendum measure certified for the ballot under RCW 29.79.230.

(2) Each fiscal impact statement must describe any projected increases or decreases in revenues, costs, expenditures, or indebtedness that the state and local governments will experience if the ballot measure is approved by voters. The fiscal impact statement must include a summary not exceeding one hundred words and a more detailed statement that includes the assumptions that were made to develop the fiscal impacts. The fiscal impact statement must be written in clear and concise language and avoid legal and technical terms when possible, and may include easy to understand graphics. Where appropriate, the fiscal impact statement may include both estimated dollar amounts and a description placing the estimated dollar amounts into context.

Sec. 2. RCW 29.81.240 and 1999 c 260 s 4 are each amended to read as follows:

Committees shall write and submit arguments advocating the approval or rejection of each statewide ballot issue ((~~and~~)), rebuttals of those arguments, and statements responding to each fiscal impact statement prepared by the office of financial management. The secretary of state, the presiding officer of the senate, and the presiding officer of the house of representatives shall appoint the initial two members of each committee. In making these committee appointments the secretary of state and presiding officers of the senate and house of representatives shall consider legislators, sponsors of initiatives and referendums, and other interested groups known to advocate or oppose the ballot measure.

The initial two members may select up to four additional members, and the committee shall elect a chairperson. The remaining committee member or members may fill vacancies through appointment.

After the committee submits its initial ((~~argument statements~~)) arguments advocating the approval or rejection of the ballot measure to the secretary of state, the secretary of state shall transmit the ((~~statements~~)) arguments to the opposite committee. The opposite committee may then prepare rebuttal arguments. Rebuttals may not interject new points.

The voters' pamphlet may contain only argument statements prepared according to this section. Arguments may contain graphs and charts supported by factual statistical data and pictures or other illustrations. Cartoons or caricatures are not permitted.

Sec. 3. RCW 29.81.250 and 1999 c 260 s 5 are each amended to read as follows:

The secretary of state shall determine the format and layout of the voters' pamphlet. The secretary of state shall print the pamphlet in clear, readable type on a size, quality, and weight of paper that in the judgment of the secretary of state best serves the voters. The pamphlet must contain a table of contents. Federal and state offices must appear in the pamphlet in the same sequence as they appear on the ballot. Measures and arguments must be printed in the order specified by RCW 29.79.300.

The voters' pamphlet must provide the following information for each statewide issue on the ballot:

(1) The legal identification of the measure by serial designation or number;

(2) The official ballot title of the measure;

(3) A statement prepared by the attorney general explaining the law as it presently exists;

(4) A statement prepared by the attorney general explaining the effect of the proposed measure if it becomes law;

(5) A summary prepared by the office of financial management explaining the fiscal impact of the proposed measure if it becomes law, not to exceed one hundred words;

(6) The total number of votes cast for and against the measure in the senate and house of representatives, if the measure has been passed by the legislature;

((~~(6)~~)) (7) An argument advocating the voters' approval of the measure together with any statement in rebuttal of the opposing argument;

((~~(7)~~)) (8) An argument advocating the voters' rejection of the measure together with any statement in rebuttal of the opposing argument;

((~~(8)~~)) (9) A statement from each committee responding to the fiscal impact statement prepared by the office of financial management;

(10) Each argument ((or)), rebuttal statement, and response statement must be followed by the names of the committee members who submitted them, and may be followed by a telephone number that citizens may call to obtain information on the ballot measure;

((~~(9)~~)) (11) The full text of each measure.

Sec. 4. RCW 29.81.280 and 1999 c 260 s 8 are each amended to read as follows:

(1) If in the opinion of the secretary of state any argument or statement offered for inclusion in the voters' pamphlet in support of or opposition to a measure or candidate, or in response to a fiscal impact statement, contains obscene matter or matter that is otherwise prohibited by law from distribution through the mail, the secretary may petition the superior court of Thurston County for a judicial determination that the argument or statement may be rejected for publication or edited to delete the matter. The court shall not enter such an order unless it concludes that the matter is obscene or otherwise prohibited for distribution through the mail.

(2)(a) A person who believes that he or she may be defamed by an argument or statement offered for inclusion in the voters' pamphlet in support of or opposition to a measure or candidate may petition the superior court of Thurston County for a judicial determination that the argument or statement may be rejected for publication or edited to delete the defamatory ((~~statement~~)) matter.

(b) The court shall not enter such an order unless it concludes that the argument or statement is untrue and that the petitioner has a very substantial likelihood of prevailing in a defamation action.

(c) An action under this subsection (2) must be filed and served no later than the tenth day after the deadline for the submission of the argument or statement to the secretary of state.

(d) If the secretary of state notifies a person named or identified in an argument or statement of the contents of the argument or statement within three days after the deadline for submission to the secretary, then neither the state nor the secretary is liable for damages resulting from publication of the argument or statement unless the secretary publishes the argument or statement in violation of an order entered under this section. Nothing in this section creates a duty on the part of the secretary of state to identify, locate, or notify the person.

(3) Parties to a dispute under this section may agree to resolve the dispute by rephrasing the argument or statement, even if the deadline for submission to the secretary has elapsed, unless the secretary determines that the process of publication is too far advanced to permit the change. The secretary shall promptly provide any such revision to any committee entitled to submit a rebuttal argument. If that committee has not yet submitted its rebuttal, its deadline to submit a rebuttal is extended by five days. If it has submitted a rebuttal, it may revise it to address the change within five days of the filing of the revised argument with the secretary.

(4) In an action under this section the committee or candidate must be named as a defendant, and may be served with process by certified mail directed to the address contained in the secretary's records for that party. The secretary of state shall be a nominal party to an action brought under subsection (2) of this section, solely for the purpose of determining the content of the voters' pamphlet. The superior court shall give such an action priority on its calendar.

Sec. 5. RCW 29.81.290 and 1999 c 260 s 9 are each amended to read as follows:

(1) An argument or statement submitted to the secretary of state for publication in the voters' pamphlet is not available for public inspection or copying until:

(a) In the case of candidate statements, (i) all statements by all candidates who have filed for a particular office have been received, except those who informed the secretary that they will not submit statements, or (ii) the deadline for submission of statements has elapsed;

(b) In the case of arguments supporting or opposing a measure, (i) the arguments on both sides have been received, unless a committee was not appointed for one side, or (ii) the deadline for submission of arguments has elapsed; ((~~and~~))

(c) In the case of rebuttal arguments, (i) the rebuttals on both sides have been received, unless a committee was not appointed for one side, or (ii) the deadline for submission of arguments has elapsed; and

(d) In the case of statements written in response to fiscal impact statements, (i) the statements on both sides have been received, unless a committee was not appointed for one side, or (ii) the deadline for submission of statements has elapsed.

(2) Nothing in this section prohibits the secretary from releasing information under RCW 29.81.280(2)(d).

Sec. 6. RCW 29.81.310 and 1999 c 260 s 11 are each amended to read as follows:

(1) The maximum number of words for statements submitted by candidates is as follows: State representative, one hundred words; state senator, judge of the superior court, judge of the court of appeals, justice of the supreme court, and all state offices voted upon throughout the state, except that of governor, two hundred words; president and vice-president, United States senator, United States representative, and governor, three hundred words.

(2) Arguments written by committees under RCW ((~~29.81.230~~)) 29.81.240 may not exceed two hundred fifty words in length.

(3) Rebuttal arguments written by committees may not exceed seventy-five words in length.

(4) Statements from committees responding to fiscal impact statements may not exceed seventy-five words in length.

(5) The secretary of state shall allocate space in the pamphlet based on the number of candidates or nominees for each office.