Z-814                 _______________________________________________

                                                   SENATE BILL NO. 5723

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators McCaslin and Kreidler; by request of Secretary of State

Read first time 2/3/89 and referred to Committee on  Governmental Operations.

AN ACT Relating to ballot titles of state and local measures; and amending RCW 29.27.050, 29.27.060, 29.27.065, and 29.27.067.

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)) thirty 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, and a negative answer to the question and a negative vote on the measure would result in no change to current law.  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.

(4) The attorney general, in consultation with the secretary of state, shall develop and adopt a rule providing guidelines used to assess the readability of ballot titles for state measures.  Such guidelines shall be applied to ballot titles under this section and RCW 29.27.067.

        Sec. 3.  Section 29.27.065, chapter 9, Laws of 1965 and RCW 29.27.065 are each amended to read as follows:

          Upon the filing of a ballot title ((as defined in)) 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)) who or legislative authority that proposed the measure 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:

          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.")) under RCW 29.27.060(2).

          ((A copy)) Copies of the petition ((on)) of 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.  Upon the filing of the petition ((on)) of appeal, the court shall ((forthwith, or at the time to which a hearing may be adjourned by consent of the appellants,)) examine the proposed measure, the ballot title ((filed)) and the objections ((thereto and)) to that title.  The court may hear arguments ((thereon,)) and shall ((as soon as possible)) promptly render its decision ((and certify to and file with the filing officer such ballot title as it determines will meet the requirements of this chapter)).  A copy of the decision and order of the court shall be filed with the official with whom the ballot title was filed.  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.