SENATE 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

Senate Committee on Governmental Operations

Senate Hearing Date(s):March 31, 1987; April 1, 1987; February 17, 1988

Senate Staff:Sam Thompson (786-7754); Desley Brooks (786-7443)

AS OF FEBRUARY 13, 1988

BACKGROUND:

State law requires the Attorney General to prepare a ballot title not exceeding 20 words for each proposed constitutional amendment or other ballot measure submitted to the people for statewide popular vote. The Attorney General also formulates a summary not exceeding 75 words for each such measure.

A challenge to the language of a ballot title or summary for such measures may be filed in Thurston County Superior Court.  A ballot title can only be challenged by those who filed the measure.  The summary may be challenged by anyone. 

The Legislature does not currently have clear authority to provide a title for a ballot measure.

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 or in the resolution containing the proposed constitutional amendment.  If the Legislature does not provide a ballot title, the Attorney General must 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.  A summary or ballot title formulated by the Attorney General shall be prepared within 20 days of the bill or constitutional amendment being 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. When the Attorney General files a summary or ballot title with the Secretary of State, the Secretary must notify the prime sponsor and the next three sponsors, if any; the Chief Clerk of the House; the Secretary of the Senate; and any person making written requests therefor, 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, that person may appeal to the superior court of Thurston County within 10 days of the measure being filed with the Secretary.  The court shall render its decision within five days.  The decision of the superior court is final. 

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

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