AN ACT Relating to initiative and referendum ballot titles and summaries; amending RCW 29.79.040, 29.79.050, 29.79.060, 29.79.070, 29.79.090, 29.79.100, 29.79.110, and 29.79.320; and adding a new section to chapter 29.07 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 29.79.040, chapter 9, Laws of 1965 as last amended by section 4, chapter 116, Laws of 1982 and RCW 29.79.040 are each amended to read as follows:

(1) Within seven calendar days after the receipt of an initiative or referendum measure the attorney general shall formulate and transmit to the secretary of state a ((~~concise statement posed as a question and not to exceed twenty words, bearing the serial number of the measure~~)) caption of up to five words and a summary of the measure, not to exceed seventy-five words, to follow the ((~~statement~~)) caption. The serial number of the measure must be indicated with the caption and summary.

(2) The ((~~statement~~)) caption may be distinct from the legislative title of the measure, ((~~and shall give a true~~)) but must be an accurate and impartial statement of the purpose of the measure. Neither the ((~~statement~~)) caption nor the summary may intentionally be an argument, nor likely to create prejudice, either for or against the measure. ((Such concise statement shall constitute the ballot title. The ballot title formulated by the attorney general shall be the ballot title of the measure unless changed on appeal. When practicable, the question posed by the ballot title shall be written in such a way that an affirmative answer to such question and an affirmative vote on the measure would result in a change in then current law, and a negative answer to the question and a negative vote on the measure would result in no change to then current law.))

(3) All petitions for the measure must bear the caption and summary.

NEW SECTION. Sec. 2. A new section is added to chapter 29.07 RCW to read as follows:

(1) Within seven calendar days after the certification by the secretary of state of a sufficient number of signatures upon petitions in support of an initiative or referendum, the attorney general shall formulate and transmit to the secretary of state a concise statement of up to thirty words posed as a question. This statement constitutes the ballot title of the measure unless changed on appeal.

(2) The ballot title must be an accurate and impartial statement of the purpose of the measure. It may not intentionally be an argument nor be likely to create prejudice either for or against the measure. When practicable, the ballot title shall be written in such a way that an affirmative answer to the question it poses and an affirmative vote on the measure would result in a change in current law, and a negative answer to the question and a negative vote on the measure would result in no change to current law.

(3) The secretary of state and the attorney general shall agree upon standards for the readability of ballot titles. Failure to agree upon the standards may not be the basis for the invalidation of a title.

Sec. 3. Section 29.79.050, chapter 9, Laws of 1965 as last amended by section 5, chapter 116, Laws of 1982 and RCW 29.79.050 are each amended to read as follows:

Upon the ((~~filing~~)) receipt of the ballot title ((~~and summary for an initiative or referendum measure in his office~~)) by the secretary of state, the secretary of state shall forthwith notify by telephone and by mail the person proposing the measure and any other individuals who have made written request for such notification of the exact language of the ballot title.

NEW SECTION. Sec. 4. Section 29.79.060, chapter 9, Laws of 1965 as amended by section 6, chapter 116, Laws of 1982 and RCW 29.79.060 are each amended to read as follows:

If any person is dissatisfied with the ballot title ((~~or summary~~)) formulated by the attorney general, he or she may((~~, within five days from the filing of the ballot title in the office of the secretary of state~~)) appeal to the superior court of Thurston county. The appeal must be taken within five days from the filing of the ballot title in the office of the secretary of state. The appeal shall be by petition ((~~setting~~)) that sets forth the measure, the ballot title ((~~or summary~~)) formulated by the attorney general, and ((~~his or her~~)) the objection or objections to the ((~~ballot~~)) title ((~~or summary and requesting amendment of the title or summary by~~)), with a request to the court to amend the title.

A copy of the appeal petition ((~~on appeal together~~)) with a notice that an appeal has been taken shall be served ((~~upon~~)) on the secretary of state, ((~~upon~~)) the attorney general, and ((~~upon~~)) the person proposing the measure if the appeal is initiated by someone other than that person. Upon the filing of the appeal petition ((~~on appeal~~)) or at the time to which the hearing may be adjourned by consent of the appellant, the court shall accord first priority to examining the proposed measure, the title ((~~or summary~~)) prepared by the attorney general, and the objections to that title ((~~or summary,~~)). The court may hear arguments, and shall, within five days, render its decision and file with the secretary of state a certified copy of such ballot title ((~~or summary~~)) as it determines will meet the requirements of ((~~RCW 29.27.060 and 29.79.040~~)) section 2 of this act. The decision of the superior court shall be final. Such appeal shall be heard without costs to either party.

Sec. 5. Section 29.79.070, chapter 9, Laws of 1965 as amended by section 7, chapter 116, Laws of 1982 and RCW 29.79.070 are each amended to read as follows:

When the ballot title ((~~and summary are~~)) is finally established, the secretary of state shall file the instrument establishing it with the proposed measure and transmit a copy thereof by mail to the person proposing the measure and to any other individuals who have made written request for such notification. Thereafter such ballot title shall be the title of the measure ((~~in all petitions,~~)) on all ballots((,)) and other proceedings in relation thereto. ((~~The summary shall appear on all petitions directly following the ballot title.~~))

Sec. 6. Section 29.79.090, chapter 9, Laws of 1965 as amended by section 9, chapter 116, Laws of 1982 and RCW 29.79.090 are each amended to read as follows:

Petitions for proposing measures for submission to the legislature at its next regular session, shall be substantially in the following form:

WARNING

Every person who signs this petition with any other than his or her true name, knowingly signs more than one of these petitions, signs this petition when he or she is not a legal voter, or makes any false statement on this petition may be punished by fine or imprisonment or both.

INITIATIVE PETITION FOR SUBMISSION TO THE LEGISLATURE

@bv@b4@i4To the Honorable .......... , Secretary of State of the State of Washington:

We, the undersigned citizens and legal voters of the State of Washington, respectfully direct that this petition and the proposed measure known as Initiative Measure No. ..... and entitled (here set forth the ((~~established ballot title~~)) caption of the measure), a full, true, and correct copy of which is printed on the reverse side of this petition, be transmitted to the legislature of the State of Washington at its next ensuing regular session, and we respectfully petition the legislature to enact said proposed measure into law; and each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Washington in the city (or town) and county written after my name, my residence address is correctly stated, and I have knowingly signed this petition only once.

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Sec. 7. Section 29.79.100, chapter 9, Laws of 1965 as amended by section 10, chapter 116, Laws of 1982 and RCW 29.79.100 are each amended to read as follows:

Petitions for proposing measures for submission to the people for their approval or rejection at the next ensuing general election, shall be substantially in the following form:

WARNING

INITIATIVE PETITION FOR SUBMISSION TO THE PEOPLE

@bv@b4@i4To the Honorable .......... , Secretary of State of the State of Washington:

We, the undersigned citizens and legal voters of the State of Washington, respectfully direct that the proposed measure known as Initiative Measure No. ..... , entitled (here insert the ((~~established ballot title~~)) caption of the measure), a full, true and correct copy of which is printed on the reverse side of this petition, be submitted to the legal voters of the State of Washington for their approval or rejection at the general election to be held on the ..... day of November, 19.. ; and each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Washington, in the city (or town) and county written after my name, my residence address is correctly stated, and I have knowingly signed this petition only once.

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Sec. 8. Section 29.79.110, chapter 9, Laws of 1965 as amended by section 11, chapter 116, Laws of 1982 and RCW 29.79.110 are each amended to read as follows:

Petitions ordering that acts or parts of acts passed by the legislature be referred to the people at the next ensuing general election, or special election ordered by the legislature, shall be substantially in the following form:

WARNING

PETITION FOR REFERENDUM

@bv@b4@i4To the Honorable .......... , Secretary of State of the State of Washington:

We, the undersigned citizens and legal voters of the State of Washington, respectfully order and direct that Referendum Measure No. ..... , entitled (here insert the ((~~established ballot title~~)) caption of the measure) being a (or part or parts of a) bill passed by the .......... legislature of the State of Washington at the last regular (special) session of said legislature, shall be referred to the people of the state for their approval or rejection at the regular (special) election to be held on the ..... day of November, 19.. ; and each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Washington, in the city (or town) and county written after my name, my residence address is correctly stated, and I have knowingly signed this petition only once.

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Sec. 9. Section 29.79.320, chapter 9, Laws of 1965 and RCW 29.79.320 are each amended to read as follows:

If an initiative measure proposed to the legislature has been rejected by the legislature and an alternative measure is passed by the legislature in lieu thereof the serial numbers and ballot titles of both such measures shall be so printed on the official ballots that a voter can express separately by making one cross (X) for each, two preferences: First, as between either measure and neither, and secondly, as between one and the other, as provided in the Constitution. Substantially the following form shall be a compliance with the constitutional provision:

INITIATED BY PETITION AND ALTERNATIVE BY LEGISLATURE

Initiative Measure No. 25, entitled (here insert the ballot title of the initiative measure).

Alternative Measure No. 25B, entitled (here insert the ballot title of the alternative measure).

((~~VOTE FOR EITHER, OR AGAINST BOTH~~))

THIS VOTE IS A TWO-STEP PROCESS

FIRST, IF YOU WISH TO VOTE IN FAVOR OF ONE OF THE MEASURES‑-EITHER THE INITIATIVE MEASURE OR THE ALTERNATIVE MEASURE‑-VOTE "FOR EITHER." IF YOU ARE OPPOSED TO BOTH THE INITIATIVE MEASURE AND THE ALTERNATIVE MEASURE, VOTE "AGAINST BOTH." IF YOU VOTE "AGAINST BOTH," IT IS NOT NECESSARY TO PROCEED TO THE SECOND STEP.

@i2!tp1FOR EITHER Initiative No. 25 OR Alternative No. 25B!w× !tr¨

AGAINST BOTH Initiative No. 25 AND Alternative No. 25B!w× !tr¨

((~~and vote FOR one.~~))

SECOND, VOTE FOR THE INITIATIVE MEASURE OR THE ALTERNATIVE MEASURE. YOU MAY VOTE FOR ONE OF THESE MEASURES EVEN IF YOU ARE OPPOSED TO BOTH, AND YOUR VOTE WILL BE COUNTED.

@i2!tp1FOR Initiative Measure No. 25!w× !tr¨

FOR Alternative Measure No. 25B!w× !tr¨

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THE WASHINGTON CONSTITUTION (ART. II, SEC. 1(a)) REQUIRES THIS TWO-STEP PROCESS. IF A MAJORITY OF VOTES CAST IN THE FIRST STEP ARE "AGAINST BOTH," BOTH THE INITIATIVE MEASURE AND THE ALTERNATIVE MEASURE FAIL.