SENATE BILL REPORT

SB 5723

BYSenators 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:Sam Thompson (786-7751); Barbara Howard (786-7410)

                  March 7, 1989

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, MARCH 1, 1989

BACKGROUND:

Ballot titles for state ballot measures are limited to 20 words, framed as a question.  Local measure ballot titles are limited to 75 words.  The Attorney General prepares the ballot titles of state measures.  Ballot titles of local measures are written by city attorneys or county prosecuting attorneys.  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 ballot title of a citizen-initiated referendum or an initiative measure 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 the measure results in a change in current law, and a negative answer and vote result in no change in law.  These requirements do not apply to ballot titles of other state and local measures.

Any person dissatisfied with the ballot title of a citizen- initiated referendum or initiative measure may challenge the ballot title in an appeal to superior court.  Conversely, only the persons who filed other state or local measures have the express right to challenge the title.

An appeal of a citizen-initiated referendum or initiative measure ballot title must be filed within five days after the ballot title is filed with the Secretary of State.  Persons who wish to challenge other state and local measures have a longer period to file a challenge--10 days.

It is proposed that readability standards for ballot titles be adopted, that a greater maximum length of ballot titles be specified, and that laws concerning requirements for ballot titles for all state and local measures be made uniform.

SUMMARY:

The maximum length of the ballot title of a constitutional amendment or referendum measure proposed by the Legislature is changed from 20 words to 30 words.  The Attorney General, in consultation with the Secretary of State, is to develop guidelines to assess the readability of ballot titles for these measures.  The guidelines are to be adopted as an administrative rule.

Standards applying to ballot titles of citizen-initiated referendum measures and initiative measures are made applicable to ballot titles for constitutional amendments, referendum measures proposed by the Legislature, and local measures.  A ballot title for the latter 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 the measure results in a change in current law, and a negative answer and vote result in no change in law.  Any person may challenge such ballot titles.  Challengers have five days after the filing of the ballot title to file an appeal.

EFFECT OF PROPOSED SUBSTITUTE:

The bill is made applicable to citizen-initiated referendum and initiative ballot titles.  A proposed ballot title for an initiative or referendum 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 an initiative or referendum 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 both the proposed ballot title and the official ballot title.

A caption of up to five words and a 75 word summary will be prepared for initiative and referendum 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 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.

Provisions extending the maximum length of ballot titles to 30 words and requiring ballot title readability standards are deleted.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

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