SENATE BILL REPORT

SHB 188

BYHouse Committee on Constitution, Elections & Ethics (originally sponsored by Representatives Fisher, Barnes, Pruitt and Unsoeld; by request of Secretary of State)

Specifying the time for filing initiatives and referendums.

House Committe on Constitution, Elections & Ethics

Senate Committee on Governmental Operations

Senate Hearing Date(s):March 26, 1987

Majority Report:  Do pass.

      Signed by Senators Halsan, Chairman; Garrett, Vice Chairman; DeJarnatt, McCaslin, Talmadge, Zimmerman.

Senate Staff:Sam Thompson (786-7754); Walt Corneille (786-7452)

                  March 26, 1987

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, MARCH 26, 1987

BACKGROUND:

The State Constitution requires that petitions for initiative measures submitted to a vote of the people be filed with the Secretary of State not less than 4 months before the election.  Petitions for initiatives to the Legislature must be filed with the Secretary not less than 10 days before any regular session of the Legislature.  Referendum petitions against bills enacted by the Legislature must be filed with the Secretary not later than 90 days after the final adjournment of the legislative session at which they were enacted.

The Constitution permits the Legislature to enact legislation to facilitate the operation of the provisions regarding initiatives and referenda.

A statute requires that initiatives to the people be filed with the Secretary within 10 months prior to the election.  Initiatives to the Legislature must be filed with the Secretary within 10 months prior to the next regular session of the Legislature at which they are to be considered.

Another statute requires state elective and appointive officers to keep their offices open for the transaction of business from 8:00 a.m. to 5:00 p.m. of each business day from Monday through Friday except on state legal holidays.  These offices may be closed on Saturday.

Since filing deadlines for initiatives and referendums are expressed in months, not days or hours, some confusion has arisen as to particular deadlines, including those that apparently fall on Saturday, when the Secretary's office is closed.

SUMMARY:

A proposed initiative or referendum measure may be filed no earlier than the opening of the Secretary of State's office for business on the first day filings are permitted.  An initiative or referendum petition must be filed not later than the close of business on the last business day in the period specified for submitting signatures.  If a filing deadline falls on a Saturday, the office of the Secretary shall be open on that Saturday from 8:00 a.m. to 5:00 p.m..

Fiscal Note:      none requested

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

Senate Committee - Testified: Don Whiting, Secretary of State's Office