Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

State Government, Elections & Information Technology Committee

HB 2428

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background:

Advisory votes were established through Initiative 960 in 2008. Advisory votes allows voters to indicate to the Legislature whether to repeal or maintain a tax increase enacted by the Legislature. The results of advisory votes are nonbinding and do not result in a change to the law.

An advisory vote must be added to the ballot as a statewide measure for the general election when the Legislature takes action to raise taxes that is not referred to the people through a referendum, or when a bill increasing taxes, bonding or contractually obligating taxes, is enacted with an emergency clause taxes, or otherwise prevents a referendum on the bill. If the tax increase involves more than one revenue source, each tax being increased is subject to a separate advisory vote.

Ballot design. The Secretary of State has authority to create standards for the design, layout, and production of ballots. Election ballots must be uniform within a precinct. The ballot must identify the date and type of primary or election, and contain instructions on how to record a vote. The candidates and issues on the ballot must be clearly separated. Any state measure submitted to the voters must appear on the ballot before an election of offices.

Summary of Bill:

The county auditor may remove an advisory vote from the ballot, or change the order of an advisory vote on the ballot if the advisory vote location compromises the efficient use of ballot space. If the advisory vote is removed from the ballot, the county auditor must provide an alternative electronic voting method that is accessible on the county auditor's website during the election period. The county auditor must provide notice on the official ballot if an alternative electronic voting method is being used for an advisory vote.

An alternative electronic voting method is not required to follow the requirements for voting systems or canvassing required for elections, although the method must preserve the secrecy of the vote, and require a voter to attest that he or she is a qualified registered voter before voting on an advisory measure. The Secretary of State may make rules for the procedures and implementation of alternative electronic voting methods.