SENATE BILL REPORT

SB 5644

BYSenators Halsan and Rasmussen; by request of Secretary of State

Revising procedures for establishing ballot titles and summaries.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 17, 1987; February 24, 1987; January 18, 1988

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

AS OF JANUARY 15, 1988

BACKGROUND:

The titles for state ballot measures are prepared by the Attorney General.  The titles for local ballot measures are prepared by the county prosecuting attorney or city attorney. A ballot title must be a concise statement, containing a measure's essential features, posed as a question.

All state measure ballot titles are limited to twenty or fewer words.  However, specific rules for the preparation of ballot titles vary depending upon whether the measure is a proposed constitutional amendment, or an initiative or referendum.

State initiative and referendum ballot titles must expressly be impartial--not likely to create prejudice for or against the measure.  In addition, these ballot titles are to be phrased so that, if practical, an affirmative vote would result in a change in existing law.  These restrictions are not specified in statute for proposed constitutional amendment ballot titles.

The parties who must be notified of the preparation of a ballot title vary depending upon whether the ballot title is prepared for a proposed constitutional amendment, or for an initiative or referendum.  The procedure for appealing a ballot title to superior court also varies.

It has been suggested that the current twenty-word limit for state measure ballot titles be lengthened, that the same drafting rules apply to all state and local measure ballot titles, and that notice and appeal procedures concerning state measure ballot titles be made uniform.

SUMMARY:

The maximum length of a state ballot title is increased from 20 words to 40 words.

The drafting rules for all state and local measure ballot titles are made uniform.  A ballot title is required to be correct and impartial, not intentionally an argument for or against the measure, and written so that an affirmative answer to the question would be a vote for the measure, and a negative vote a vote against it.

The Legislature and any interested person who requested notification will receive the language of the ballot title when it is filed.

The appeals process is consolidated and altered.  Any person may appeal the language of the title.  As a first step, a request to amend the title is required to be submitted to the Attorney General.  If the title is not amended by the Attorney General, or the amended version is still perceived to be unsatisfactory, a court appeal may be filed.

EFFECT OF PROPOSED SUBSTITUTE:

The language of ballot titles and initiative or referendum summaries must be understandable by a person of average intelligence and education.

The time in which the Attorney General must formulate and transmit ballot titles to the Secretary of State is changed to two working days after receipt of the initiative, referendum or measure.

Any petitioner that prevails after appealing a ballot title to superior court is entitled to recover court costs and reasonable attorneys' fees.  The court is required to render a decision on the appeal of a ballot title within seven working days.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

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