S-2458 _______________________________________________
SUBSTITUTE SENATE BILL NO. 5723
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By Senate Committee on Governmental Operations (originally sponsored by Senators McCaslin and Kreidler; by request of Secretary of State)
Read first time 3/1/89.
AN ACT Relating to ballot titles of state and local measures; amending RCW 29.27.050, 29.27.060, 29.27.065, 29.27.067, 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 new sections to chapter 29.79 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 29.27.050, chapter 9, Laws of 1965 as amended by section 7, chapter 103, Laws of 1965 ex. sess. and RCW 29.27.050 are each amended to read as follows:
((As
soon as possible but in any event)) No later than the ((fifth))
day following ((official)) the certification of the returns of ((any))
the state primary ((election as made by the canvassing board)),
the secretary of state shall certify to the appropriate county auditors
((of each county within which any of the electors may by law vote for
candidates for such office,)) the ballot title of each measure and
the name and ((place of)) residence address of each person ((nominated
for such office, as specified in the certificates of nomination filed with the
secretary of state)) qualified to appear on the ballot at the state
general election.
Sec. 2. Section 29.27.060, chapter 9, Laws of 1965 as last amended by section 1, chapter 252, Laws of 1985 and RCW 29.27.060 are each amended to read as follows:
(1)
When a proposed constitution or constitutional amendment or other question is
to be submitted to the people of the state for state-wide popular vote, the
attorney general shall prepare a concise statement posed as a question and not
exceeding twenty words ((containing)). This statement shall
summarize the essential features ((thereof expressed in such a manner as
to)) of the measure and shall clearly identify and distinguish
the ((proposition)) measure to be voted upon and shall be
filed with the secretary of state.
(2) When
a question((s to be)) is submitted to the people ((of))
by a county ((or municipality shall also be advertised as provided
for nominees for office, and in such cases)), city, town, or district
there shall ((also)) be printed on the ballot a concise statement posed
as a question and not exceeding seventy-five words containing the essential
features ((thereof expressed in such a manner as to)) of the measure
and clearly ((identify)) identifying and distinguishing the
((proposition)) measure to be voted upon((, which)).
This statement shall be prepared by the city or town attorney for
the city((, and)) or town measures, or by the prosecuting
attorney for ((the county or any other political subdivision of the state,
other than cities, situated in the)) county or district measures and
shall be filed with the county auditor.
((The))
(3) This concise statement constitutes the ballot title of that
measure unless changed on appeal. 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.
(4)
The secretary of state shall certify ((to the county auditors)) the
ballot title for ((a)) proposed ((constitution, constitutional amendment
or other state-wide question at the same time and in the same manner as the
ballot titles to initiatives and referendums)) state measures to the
county auditor under RCW 29.27.050.
Sec. 3. Section 29.27.065, chapter 9, Laws of 1965 and RCW 29.27.065 are each amended to read as follows:
(1)
Upon the filing of a ballot title ((as defined in)) for a state
measure under RCW 29.27.060, the secretary of state((, in event it is a
state question, or the county auditor in the event it is a county or other
local question,)) shall ((forthwith)) notify the person((s))
proposing the measure, the majority and minority caucuses of the house of
representatives and senate, the chief clerk of the house of representatives,
the secretary of the senate, and any other persons who have made written
request for such notification of the exact language of the ballot title.
(2) Upon the filing of a ballot title for a local measure under RCW 29.27.060, the county auditor shall notify the person who or legislative authority that proposed the measure and any other persons who have made written request for such notification of the exact language of the ballot title.
Sec. 4. Section 29.27.067, chapter 9, Laws of 1965 and RCW 29.27.067 are each amended to read as follows:
(1)
If ((the)) any person((s filing any state or local question
covered by RCW 29.27.060 are)) is dissatisfied with ((the)) a
ballot title formulated ((by the attorney general, city attorney, or
prosecuting attorney preparing the same, they may at any time within ten)) under
RCW 29.27.060, he or she may appeal, no later than five days ((from the
time of)) after the filing of the ballot title ((appeal)),
to the superior court of Thurston county ((if it is a state-wide question))
in the case of a state measure, or to the superior court of the county
where the ((question)) measure is to appear on the ballot((,
if it is a county or)) in the case of a local ((question, by
petition setting forth)) measure. The appeal shall specify the
measure, the ballot title ((objected to, their)), and the objection
or objections to the ballot title ((and praying for amendment thereof))
with a request to the court to amend the title. The time of the filing
of the ballot title, ((as)) used ((herein)) in determining the
time for appeal, is the time the ballot title is ((first)) filed with
the secretary of state((, if concerning a state-wide question,)) under
RCW 29.27.060(1) or with the county auditor((, if a local
question, the secretary of state or the county officer being herein called the
"filing officer." A copy)) under RCW 29.27.060(2). Copies
of the appeal petition ((on appeal together with)) and a
notice that an appeal has been ((taken)) filed shall be served
upon the ((filing officer and the)) official ((preparing)) who
prepared the ballot title and on the official with whom the ballot title
was filed.
(2)
Upon the filing of the appeal petition ((on appeal, the court shall
forthwith,)) or at the time to which a hearing may be adjourned by consent
of the appellant((s, examine the proposed measure, the ballot title filed
and the objections thereto and)), the court shall accord first priority
to consideration of the appeal petition. The court may hear arguments ((thereon,))
and shall ((as soon as possible)), within five days, render its
decision ((and certify to)) and file with the ((filing officer such))
official with whom the ballot title was filed the ballot title ((as))
it determines will meet the requirements of ((this chapter)) RCW
29.27.060. The decision of the superior court shall be final((, and the
title so certified shall be the established ballot title. Such)). This
appeal shall be heard without cost to either party.
Sec. 5. 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. The caption and summary shall be subject to an appeal under RCW 29.79.060. Petitions for the measure that are circulated for signature-gathering purposes prior to the decision of the court in an appeal shall not be invalidated if the caption or summary is revised by the court. However, petitions circulated for signature-gathering purposes after the decision of the court shall be invalid unless they bear the caption and summary established by the court.
NEW SECTION. Sec. 6. A new section is added to chapter 29.79 RCW to read as follows:
(1) Following 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 prepare and file a proposed ballot title as specified in section 8 of this act.
(2) The attorney general shall refrain from filing a proposed ballot title for an initiative to the legislature until the second Monday in July of the year in which the measure will appear on the ballot. The ballot title for an alternative measure proposed by the legislature shall be filed at the same time, unless the legislative alternative is proposed in a special session of the legislature at a later date.
NEW SECTION. Sec. 7. A new section is added to chapter 29.79 RCW to read as follows:
The ballot title for an initiative or referendum 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.
NEW SECTION. Sec. 8. A new section is added to chapter 29.79 RCW to read as follows:
(1) The attorney general shall prepare and file a proposed ballot title with the secretary of state within seven days after the certification of a sufficient number of signatures in support of an initiative or referendum by the secretary of state.
(2) Any person may within seven days of its filing request the attorney general to amend the proposed ballot title, and may submit an amendment and request to meet with the attorney general or his or her representative to discuss a proposed amendment. The attorney general must within fourteen days of the filing of the proposed ballot title either file a revised ballot title or notify the secretary of state that he or she has declined to revise the proposed ballot title. The revised ballot title or the unrevised proposed ballot title shall then constitute the official ballot title.
(3) The official ballot title shall be subject to an appeal under RCW 29.79.060.
Sec. 9. 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 caption and summary or the proposed 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, the
majority and minority caucuses of the house of representatives and senate, the
chief clerk of the house of representatives, the secretary of the senate, and
any other individuals who have made written request for such notification of
the exact language of the caption and summary or the proposed ballot title.
The same parties shall be notified of the language of the official ballot
title after it has been established as specified in section 8 of this act.
Sec. 10. 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:
(1) If
any person is dissatisfied with the caption and summary or 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.
(2) The appeal of a caption and summary must be filed within five days from the filing of the caption and summary in the office of the secretary of state. The appeal of a ballot title must be filed within five days from the filing of the revised ballot title with the secretary of state or the notification by the attorney general to the secretary of state of his or her refusal to revise the proposed ballot title as specified in section 8 of this act.
(3) The
appeal shall be by petition ((setting)) that sets forth the
measure, the caption and summary or 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)), and a request to the court to amend
the title. ((A copy)) Copies of the appeal petition
((on appeal together)) with a notice that an appeal has been ((taken))
filed 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.
(4)
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,)) consideration of the appeal petition. 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)) the caption
and summary or the ballot title ((or summary as)) it determines will
meet the requirements of RCW ((29.27.060 and)) 29.79.040 or section 7
of this act, as applicable. The decision of the superior court shall be
final. ((Such)) This appeal shall be heard without costs to
either party.
Sec. 11. 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 finally)) is 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)). The 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. 12. 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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!tm12,14,17,5,6!tj1!tcidentification !tcif!sc ,001any !tcTown
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Sec. 13. 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
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 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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!tm12,14,17,5,6!tcPetitioner's !tc Print!sc ,001name !tcResidence!sc ,001address, !tcCity
!ae0!tp12,14,17,5,6!tr| !tr| !tr| !tr|
!tm12,14,17,5,6!tcsignature !tcfor!sc ,001positive !tcstreet!sc ,001and!sc ,001number, !tcor !tcCounty
!ae0!tp12,14,17,5,6!tr| !tr| !tr| !tr|
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Sec. 14. 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
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.
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.
@p3!ix!w_
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!tr| !tr| !tr| !tr|
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Sec. 15. 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
The Washington Constitution (Article II, Sec. 1(a)) requires this two-step process. If a majority of votes cast in the first step are "FOR EITHER," then the vote in step two will determine which measure becomes law. If a majority of votes cast in the first step are "AGAINST BOTH," both the Initiative Measure and the Alternative Measure fail.
STEP ONE: 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."
@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.))
STEP TWO: You may vote for either the Initiative Measure or the Alternative Measure even if you voted against both in Step One.
@i2!tp1FOR Initiative Measure No. 25!w× !tr¨
FOR Alternative Measure No. 25B!w× !tr¨
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