HOUSE BILL REPORT

ESHB 243

BYHouse Committee on Constitution, Elections & Ethics (originally sponsored byRepresentatives Fisher, Pruitt, P. King and Fisch)

Revising the requirements for statements to describe ballot propositions.

House Committe on Constitution, Elections & Ethics

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (6)

     Signed by Representatives Fisher, Chair; Pruitt, Vice Chair; Amondson, Fisch, Leonard and Sanders.

Minority Report:     Do not pass.  (1)

     Signed by Representative Barnes.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE JANUARY 15, 1988

BACKGROUND:

State law governing the filing of initiative and referendum measures by the people establishes a procedure for establishing ballot titles and summaries for the measures.  The attorney general formulates a title not exceeding 20 words in length and a summary not exceeding 75 words in length for each such measure. If any person is dissatisfied with either, the person may appeal to superior court.  The appeal is to be heard without costs.  If an appeal is timely filed, the court's decision regarding a title or summary for the measure is final.

Other state law requires the attorney general to prepare a ballot title not exceeding 20 words in length for each proposed constitutional amendment or other ballot measure submitted to the people for state-wide popular vote.  These laws provide a procedure similar to that established for initiatives and referendum measures for appealing the title to superior court.

SUMMARY:

The legislature is authorized to provide a ballot title for any bill that it submits to a vote of the people or for any constitutional amendment that it proposes.  The ballot title shall be included in the referendum bill that the legislature has adopted or in the resolution containing the proposed constitutional amendment that it has adopted.  If the legislature does not provide the ballot title, the attorney general shall formulate the title. The title shall be a concise statement posed as a question not exceeding 20 words.

The attorney general shall prepare a summary not exceeding 75 words for each constitutional amendment and each referendum bill adopted by the legislature.  The summary and the ballot title, if the title is prepared by the attorney general, shall be prepared within 20 days after the bill or constitutional amendment is received by the secretary of state.  The title and summary shall give true and impartial descriptions of the purpose of the constitutional amendment or bill.  The summary constitutes the brief description of the measure required for the voters' pamphlet. Upon the attorney general's filing of the summary, or title and summary, with the secretary of state, the secretary shall notify certain persons of the exact language of the title and summary.

If any person is dissatisfied with the ballot title or summary prepared by the attorney general or supplied by the Legislature, the person may appeal to the superior court of Thurston County within 10 days of their being filed with the secretary.  The court shall render its decision within five days.  The decision of the superior court is final.  The appeal shall be heard without costs to any party.

Fiscal Note:    Not Requested.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:     Jennifer Helget, Office of the Secretary of State.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     The bill permits the legislature to supply its own title for a measure it submits to a vote of the people.

House Committee - Testimony Against: There will be more mischief involved in the writing of ballot titles if a highly partisan legislature writes titles than if the titles are written by the attorney general.