SENATE BILL REPORT

SSB 5723

BYSenate Committee on Governmental Operations (originally sponsored by Senators McCaslin and Kreidler; by request of Secretary of State)

Revising procedures for ballot titles and summaries.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 16, 1989; March 1, 1989

Majority Report:  That Substitute Senate Bill No. 5723 be substituted therefor, and the substitute bill do pass.

      Signed by McCaslin, Chairman; Thorsness, Vice Chairman; Conner, Sutherland.

Senate Staff:Barbara Howard (786-7410)

                  February 10, 1990

AS PASSED SENATE, FEBRUARY 9, 1990

BACKGROUND:

Laws applying to ballot titles of constitutional amendments, referendum measures proposed by the Legislature and local measures differ from those applying to citizen-initiated referendum or initiative measures.  The differences lie in drafting rules and in provisions concerning the appeal of ballot titles for alleged failure to satisfy the drafting rules.  It is proposed that these laws be made uniform. 

The Attorney General prepares a ballot title for state initiatives and referendums after they have been filed with the Secretary of State.  The ballot title and a short summary of the measure, also prepared by the Attorney General, are printed on petitions for the gathering of signatures of registered voters.  It is suggested that a ballot title should not be prepared for such measures until they have been certified for the ballot, and that a short descriptive caption should take the place of the ballot title on the signature petitions.

Appeals of initiative ballot titles have become common.  It is suggested that a procedure be established to enable citizens to suggest changes to a proposed initiative or referendum ballot title before it becomes an official ballot title. 

The concern has been raised that the appeal of an initiative ballot title by opponents of a measure is sometimes a delaying tactic to reduce the number of signature-gathering days available to proponents of a measure.  Signature-gathering must await the decision of the court.  It is proposed that petitions should be allowed to be circulated for signature-gathering prior to the decision of the court and that signatures gathered on such petitions should not be invalidated if a ballot title and summary are rewritten.

The State Constitution mandates a two-step process for voting on an initiative to the Legislature and a legislative alternative.  Voters must first decide whether they are "against both" or "for either", then decide whether to vote for one of the measures.  If a majority of votes in the first step are "against both", both measures fail.  Voters have expressed confusion with this system; more explicit voting instructions are advocated.

SUMMARY:

Drafting and appeal standards applying to all state and local ballot measures are made uniform.  A ballot title must be accurate, impartial and non-prejudicial.  In addition, it must be written in such a way that an affirmative answer to the question it poses and an affirmative vote on a measure results in a change in current law.  Any person may challenge a ballot title.  Challengers have five days after the filing of a ballot title to file an appeal.  The court must render a decision within five days.

A proposed ballot title for a citizen-initiated referendum or initiative measure will be prepared by the Attorney General after sufficient signatures have been gathered to assure that the measure will be placed on the ballot.  Citizens have the opportunity to request the Attorney General to amend a proposed ballot title for such a measure before it becomes the official ballot title. 

The majority and minority caucuses of the Legislature, the Chief Clerk of the House and the Secretary of the Senate must be notified of the language of proposed and official ballot titles of state measures.  A local government legislative authority must be notified of the language of a local measure ballot title if it proposed the measure.

A descriptive caption of up to five words and a short summary will be prepared for citizen-initiated referendum and initiative petitions.  The caption and summary are subject to appeal, but petitions may be circulated during the appeal period, and will not be invalidated if the caption or summary is revised by the court.  Petitions circulated after the court's decision must bear the caption and summary established by the court.

A ballot title for an initiative to the Legislature and any legislative alternative will be prepared at the same time, and will be filed with the Secretary of State on the second Monday of July in the year in which the measure will appear on the ballot. More explicit ballot instructions are specified for voting on these measures.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

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