BP BHEAD INT H [atlas:bill]

AN ACT Relating to ballot titles; amending RCW 29.27.060, 29.79.040, 29.79.055, and 29.79.060; adding a new section to chapter 29.79 RCW; adding a new section to chapter 29.27 RCW; recodifying RCW 29.79.055; and repealing RCW 29.79.310 and 29.79.320.

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

NEW SECTION. Sec. 1. A new section is added to chapter 29.79 RCW to read as follows:

(1) The ballot title for an initiative to the people, an initiative to the legislature, a referendum bill, or a referendum measure must consist of: (a) A statement of the subject of the measure; (b) a concise description of the measure; and (c) a question in the form prescribed in this section for ballot measures. The statement of the subject of a measure must be sufficiently broad to reflect the subject of the measure, must be sufficiently precise to give notice of the measure's subject matter, and must not exceed five words. The concise description must contain no more than twenty-five words, must be a true and impartial description of the measure's essential contents, must clearly identify the proposition to be voted on, and must not, to the extent reasonably possible, create prejudice either for or against the measure.

(2) For an initiative to the people, or for an initiative to the legislature for which the legislature has not proposed an alternative, the ballot title must be displayed on the ballot substantially as follows:

"Initiative Measure No. . . . concerns (statement of subject). This measure would (concise description). Shall this measure be adopted into law?

Yes............................................................. G

No............................................................. G"

(3) For an initiative to the legislature for which the legislature has proposed an alternative, the ballot title must be displayed on the ballot substantially as follows:

"Initiative Measure Nos. . . . and . . .B concern (statement of subject).

Initiative Measure No. . . . would (concise description).

As an alternative, the legislature has proposed Initiative Measure No. . . .B, which would (concise description).

1. Shall either of these measures be adopted into law?

Yes............................................................. G

No.............................................................. G

2. If one is adopted, which one shall it be?

Measure No. . . . . . .................................. Yes G

Measure No. . . . . . ................................. Yes G"

(4) For a referendum bill or measure, the ballot issue must be displayed on the ballot substantially as follows:

"The legislature has passed a law that (concise description). Should this law be:

Approved........................................................ G

Rejected....................................................... G"

(5) The legislature may by law specify the ballot title for a referendum bill, in which case the ballot title specified by the legislature shall be the ballot title for all purposes. If the legislature fails to specify a ballot title for a referendum bill, the attorney general shall draft a concise description in the form set forth in this section, and the ballot issue shall be displayed on the ballot in the same manner as set forth in this section for a referendum measure.

Sec. 2. RCW 29.27.060 and 1995 c 185 s 1 are each amended to read as follows:

(1) ((When a proposed constitution or constitutional amendment, initiative measure, referendum bill, 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-five words containing the essential features thereof expressed in such a manner as to clearly identify the proposition to be voted upon.)) When a proposed constitutional amendment is to be submitted to the people of the state for state-wide popular vote, the attorney general shall prepare a ballot title consisting of: (a) A statement of the subject of the measure; (b) a concise description of the measure; and (c) a question in the form prescribed in this section for the ballot measure in question. The statement of the subject of a measure must be sufficiently broad to reflect the nature of the measure, must be sufficiently precise to give notice of the measure's subject matter, and must not exceed five words. The concise description shall contain no more than thirty words, must give a true and impartial description of the measure's essential contents, must clearly identify the proposition to be voted on, and must not, to the extent reasonably possible, create prejudice either for or against the measure.

(2) For a proposed constitution, the ballot title must be displayed on the ballot substantially as follows:

"The legislature has submitted a proposed constitution for the approval of the people. Should the proposed constitution be:

Approved........................................................ G

Rejected....................................................... G"

(3) For a proposed constitutional amendment, the ballot title must be displayed on the ballot substantially as follows:

"The legislature has proposed a constitutional amendment on (statement of subject). This amendment would (concise description). Shall this constitutional amendment be:

Approved........................................................ G

Rejected....................................................... G"

(4) If a question is submitted to the people for a state-wide popular vote, and is not governed by any other provision of law, the ballot title on the question must be displayed on the ballot substantially as follows:

"The following question concerning (description of subject) has been submitted to the voters: (Question as submitted).

Yes............................................................. G

No............................................................. G"

(5) Questions to be submitted to the people of a county or municipality shall ((~~also~~)) be advertised as provided for nominees for office, and in such cases 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 clearly identify the proposition to be voted upon, which statement shall be prepared by the city or town attorney for the city or town, and by the prosecuting attorney for the county or any other unit of local government, other than a city or town, the majority area of which is situated in the county. The concise statement constitutes the ballot title.

((~~(2)~~)) (6) 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.

(((3) Subsection (1) of this section does not apply to referendum measures filed on an enactment of the state legislature or on an enactment of the legislative authority of a unit of local government, nor does it apply to the extent that other provisions of state law provide otherwise for a specific type of ballot question or proposition.))

Sec. 3. RCW 29.79.040 and 1993 c 256 s 9 are each amended to read as follows:

Within ((~~seven calendar~~)) five days after the receipt of an initiative or referendum measure the attorney general shall formulate and transmit to the secretary of state the ((~~concise statement~~)) ballot title required by ((~~RCW 29.27.060 or 29.79.055~~)) section 1 of this act bearing the serial number of the measure and a summary of the measure, not to exceed seventy-five words((, to follow the statement. The statement may be distinct from the legislative title of the measure, and shall give a true and impartial statement of the purpose of the measure. Neither the statement nor the summary may intentionally be an argument, nor likely to create prejudice, either for or against the measure. Except as provided for in RCW 29.79.055, such a concise statement shall constitute the ballot title)). Saturdays, Sundays, and state holidays shall not be counted in calculating the time limits in this section. The ballot title ((~~or, for a referendum on a state enactment, the concise statement~~)) formulated by the attorney general shall be the ballot title of ((~~or concise statement describing~~)) 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.))

Sec. 4. RCW 29.79.055 and 1993 c 256 s 7 are each amended to read as follows:

(1) Except as provided to the contrary in RCW 82.14.036, 82.46.021, or 82.80.090, the ballot title of any referendum filed on an enactment or portion of an enactment ((~~of the state legislature or~~)) of the legislative authority of a unit of local government shall be composed of three elements: (a) An identification of the enacting legislative body; (b) a concise statement identifying the essential features of the enactment on which the referendum is filed; and (c) a question asking the voters whether the enactment should be approved or rejected by the people. The ballot issue shall be displayed on the ballot substantially as follows:

Referendum Measure No. XX. The (name of legislative body) has passed a law that (concise statement). Should this law be

APPROVED . . . . . . .

REJECTED . . . . . . .

(2) ((~~For a referendum measure on a state enactment, the concise statement shall be prepared by the attorney general and shall not exceed twenty-five words.~~

~~(3)~~)) The concise statement for a referendum measure on an enactment of the legislative authority of a unit of local government shall not exceed seventy-five words. If the local governmental unit is a city or a town, the concise statement shall be prepared by the city or town attorney. If the local governmental unit is a county, the concise statement shall be prepared by the prosecuting attorney of the county. If the unit is a unit of local government other than a city, town, or county, the concise statement shall be prepared by the prosecuting attorney of the county within which the majority area of the unit is located.

((~~(4)~~)) (3) A referendum measure on the enactment of a unit of local government shall be advertised in the manner provided for nominees for elective office.

Sec. 5. RCW 29.79.060 and 1982 c 116 s 6 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 by petition setting forth the measure, the title or summary formulated by the attorney general, and his or her objections to the ballot title or summary and requesting amendment of the title or summary by the court. Saturdays, Sundays, and legal holidays shall not be counted in calculating the time limits contained in this section.

A copy of the petition on appeal together with a notice that an appeal has been taken shall be served upon 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 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, 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. The decision of the superior court shall be final. Such appeal shall be heard without costs to either party.

NEW SECTION. Sec. 6. The following acts or parts of acts are each repealed:

(1) RCW 29.79.310 (Form of ballot) and 1982 c 116 s 16 & 1965 c 9 s 29.79.310; and

(2) RCW 29.79.320 (Form of ballot for alternative measures) and 1965 c 9 s 29.79.320.

NEW SECTION. Sec. 7. RCW 29.79.055 is recodified in chapter 29.27 RCW.