BILL REQ. #:  Z-0462.1 

Read first time 01/20/2003.   Referred to Committee on State Government.

     AN ACT Relating to actions on the validity of ballot measures; and adding a new section to chapter 4.24 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 4.24 RCW to read as follows:
     (1) No action may lie in a court of this state seeking a ruling as to the validity of an initiative to the people, initiative to the legislature, referendum bill, referendum measure, constitutional amendment, city measure, county measure, charter amendment, county initiative, or city initiative before the certification of the election at which the voters enact or approve the measure, except as provided in this section.
     (2) An action will lie in a court of competent jurisdiction seeking review of a proposed measure described in subsection (1) of this section to determine whether it is beyond the scope of the initiative or referendum power or otherwise beyond the scope of authority for placing a measure of that kind onto the ballot, except that a court may decline to hear such an action before the certification of the election based upon sound prudential concerns.
     (3) To provide for the orderly conduct of elections, no such action brought under this section may be commenced during a period that begins at the close of business of the fifth business day after the deadline for the filing of signature petitions and ends when the general election results are certified under RCW 29.62.130. This period is known as the "election period," during which such complaints may not be filed. Nothing contained in this section diminishes or enlarges the jurisdiction of any court of record having jurisdiction over the language or content contained in the ballot measure.
     (4) Nothing in this section limits the jurisdiction of a court to resolve an error in election procedure that could only be corrected before the election. This section does not apply to an appeal of the language or content of a ballot title, summary, or explanatory statement as otherwise provided by law, nor to the procedure to appeal the secretary of state's decision to reject a petition under RCW 29.79.160 and 29.79.170, nor to the appeal process contained in RCW 29.79.210.