HOUSE BILL REPORT

SHB 188

BYHouse Committee on Constitution, Elections & Ethics (originally sponsored by Representatives Fisher, Barnes, Pruitt and Unsoeld; by request of Secretary of State)

Specifying the time for filing initiatives and referendums.

House Committe on Constitution, Elections & Ethics

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (5)

     Signed by Representatives Fisher, Chair; Pruitt, Vice Chair; Amondson, Fisch and Leonard.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE FEBRUARY 11, 1987

BACKGROUND:

The state's Constitution requires that initiative petitions for initiative measures submitted to a vote of the people be filed with the Secretary of State not less than 4 months before the election at which they are to be voted upon.  Petitions for initiatives to the Legislature must be filed with the Secretary not less than 10 days before any regular session of the Legislature.  Referendum petitions against bills passed by the Legislature must be filed with the Secretary not later than 90 days after the final adjournment of the legislative session during which they were passed.  The Constitution permits the Legislature to enact legislation to facilitate its provisions regarding initiatives and referenda.

State statute requires that initiatives to the people be filed with the Secretary within 10 months prior to the election at which they are to be voted upon.  Initiatives to the Legislature must be filed with the Secretary within 10 months prior to the next regular session of the Legislature at which they are to be considered.

State law also requires certain state officers, such as the Secretary of State, to keep their offices open for the transaction of business from 8:00 a.m. to 5:00 p.m. of each business day from Monday through Friday except on state legal holidays.  Such offices may be closed on Saturday.

SUMMARY:

A proposed initiative or referendum measure may be filed no earlier than the opening of the Secretary of State's office for business on the first day filings are permitted.  An initiative or referendum petition must be filed not later than the close of business on the last business day in the period specified for submitting signatures.  If a filing deadline falls on a Saturday, the office of the Secretary of State shall be open on that Saturday from 8:00 a.m. to 5:00 p.m..

The bill contains an emergency clause and takes effect immediately.

Fiscal Note:    Not Requested.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:     John Pearson, Secretary of State's Office; Pat Thibaudeau.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     State laws establish filing deadlines in terms of "months", not business days or hours.  Confusion over which day is actually the cut-off for accepting initiative petitions resulted last summer in the Secretary of State's being sued by both the advocates of an initiative and the opponents of the initiative.

House Committee - Testimony Against: None Presented.