Statewide Voters' Pamphlet.
Production.
The Washington Constitution requires the Secretary of State (Secretary) to send a publication containing ballot measures referred to the people, along with arguments for and against the measure, to each individual place of residence in the state.  By statute, the Secretary also must send a voters' pamphlet if a statewide candidate appears on the ballot.

Contents.
The statewide voters' pamphlet must contain:

• specific information about each measure initiated by or referred to the people, including explanatory statements prepared by the Attorney General, arguments for and against the measure, and a fiscal impact statement prepared by the Office of Financial Management (OFM); and
• statements from candidates for federal and state offices that appear on the ballot that year.

Candidates may include a photograph and information to contact their campaign and, for partisan offices, a statement of political party preference or independent status.  Candidate statements and statements for or against ballot measures may not contain obscene matter.  Candidate statements also may not contain false or misleading statements about the candidate's opponent that are defamatory or libelous, as defined by statute.  Statements for and against ballot measures may include graphs and charts supported by factual statistical data and pictures or other illustrations, but cartoons and caricatures are not permitted.  The Secretary may petition the Thurston County Superior Court for a judicial determination that a statement may be rejected because it contains obscene matter or is otherwise prohibited by law for distribution by mail.  A person who is defamed by an argument or statement in a voter's pamphlet may also seek a court order in Thurston County Superior Court to have the statement rejected.

The statewide voters' pamphlet must also provide contact information for the Public Disclosure Commission, which regulates campaign finance, and major political parties.

Distribution.
The Secretary must distribute the statewide voters' pamphlet to each household in the state, as well as to public libraries and other locations the Secretary deems appropriate.  The Secretary must produce a taped or braille transcript of the pamphlet to send to anyone who requests it.  The Secretary may distribute the voters' pamphlet in electronic form to computer networks, print and broadcast news, and similar services.

It is illegal to publish or distribute campaign material that is deceptively similar in design or appearance to a voters' pamphlet.  The Secretary may petition a superior court for a restraining order to stop such publication or distribution, and a violator may be fined up to $2 per copy or $1,000, whichever is greater.

Local Voters' Pamphlets.
Production.

Each county auditor must produce a local voters' pamphlet for the entire county.  Some counties have instead signed interlocal agreements with the Secretary to have local information about elections included with the statewide voters' pamphlet sent out by the Secretary.  In those situations, the county produces the local content for the Secretary to include.  Voters in those jurisdictions receive one pamphlet that includes all statewide and local elections.

Contents.
The local voters' pamphlet must include information about ballot measures and candidates within the jurisdiction.  The format of the pamphlet must mirror the statewide pamphlet whenever applicable.  Ballot measures must also include explanatory statements prepared by the prosecuting attorney for the county or by the jurisdiction's attorney, as well as statements for and against.  Statements for and against are prepared by committees appointed by the legislative authority of the jurisdiction.  Candidates must be permitted to submit a statement and a photograph.  Candidate statements in a local voters' pamphlet must be limited to statements about the candidate.

Distribution.
The local voters' pamphlet must be sent to every residence in each jurisdiction that has included information in the pamphlet.  If it will be more economical and efficient, a pamphlet can instead be sent to every registered voter in the jurisdiction.  Local voters' pamphlets must be sent "as soon as practicable" before an election.

Changes Specific to Local Voters' Pamphlets.

People appointed by the legislative authority of a jurisdiction to write arguments for and against ballot measures in local voters' pamphlets must reside within the jurisdictional boundaries.  If the legislative authority misses the deadline for appointments, the county auditor shall issue a media release and publish information on the election website, and the auditor shall appoint people on a first-come, first-served basis.  If no statement is produced, the auditor shall include a statement to that effect in the pamphlet.

For cities, towns, or special districts located in more than one county, all information for the jurisdiction must appear in the local voters' pamphlets for each county.  Such information must be submitted to the county auditor of the county that accepted the filings for that candidate or measure.

Other Notable Changes.

The maximum fine for publishing or distributing campaign material that is deceptively similar to a voters' pamphlet is increased:  a violator may be fined up to $5 per copy or $10,000, whichever is greater.

Minor language changes are made throughout.

(In support) This is the third time the Legislature is trying to pass this bill, a request from the county auditors.  In the past it has been successful in the House in a bipartisan way.  The bill provides a streamlined approach to voters' pamphlets, making sure that content and rules are uniform county by county.  Voters' pamphlets are limited public forums under the First Amendment, so the state cannot have viewpoint restrictions but can limit subject matter if the restrictions are reasonable.  The residency requirement for committee members for statements on local ballot measures has strong support, as in the past the "con" statements have been written by one out-of-district person who had no qualifications.

(Opposed) The pamphlet is for the voters, not the politicians.  Voters are adults and can make their own decisions based on arguments.  This bill is blatant censorship; the government cannot be the final arbiter of truth.  The standards in this bill allow county auditors to be the arbiters of civility under vague standards for what is and is not permissible.

(In support) The bill would bring uniformity to voters' pamphlets.  Definitions not found in the bill can be found elsewhere in statute.  Because there are no requirements for who can write statements, people who write statements for jurisdictions where they do not reside can impact policy across the state.  Supporting and oppositional ballot statements should be provided only by those in the impacted community.  The bill improves accountability and the democratic process.  The bill saves public time and resources by harmonizing rules to the county and the state. 

(Opposed) Taxpayers are paying for the voters' pamphlets.  This censors what can be covered in the voters' pamphlet and micromanages what can and cannot be said on pamphlets.  The bill gives unlimited power to the Office of the Secretary of State and county auditors to be referees.  The Supreme Court has struck down a similar law.