S-2123               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5644

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senate Committee on Governmental Operations (originally sponsored by Senators Halsan and Rasmussen; by request of Secretary of State)

Read first time 2/26/87.

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, 29.79.060, and 29.79.070; adding a new section to chapter 29.27 RCW; repealing RCW 29.79.050; and declaring an emergency.

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:

          When a proposed ((constitution or constitutional amendment or other question)) measure 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)) forty 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 to be voted upon)) measure.

          ((Questions)) For measures to be submitted ((to the people of)) by 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)), city, town, or district, a concise statement posed as a question and not exceeding seventy-five words ((containing)) shall be printed on the ballot.  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 to be voted upon, which)) measure.  This statement shall be prepared by the city  or town attorney for ((the)) city or town measures, ((and)) 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.

          ((The)) This concise statement constitutes the ballot title of that measure.  The ballot title shall correctly and impartially state the effect of the measure, shall not intentionally be an argument for or against the measure, and shall not be likely to create prejudice for or against the measure.  The ballot title shall be written so that an affirmative answer to the question posed in the ballot title and an affirmative vote on the measure would result in a change in the current law and a negative answer to the question posed in the ballot title and a negative vote on the measure would result in the retention of the current law.  The secretary of state shall certify ((to the county auditors)) the ballot titles 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 under RCW 29.27.050.  The language of a ballot title for any state or local measure shall be such that it can be understood by a person of average intelligence and education.

NEW SECTION. Sec. 3.  A new section is added to chapter 29.27 RCW to read as follows:

          (1) Promptly after any state measure is filed with the secretary of state, he or she shall transmit a copy of the measure to the attorney general and shall notify the majority and minority caucuses of the house and senate, the chief clerk of the house of representatives, the secretary of the senate, and any other person who has made a written request to be notified that the measure has been transmitted.

          (2) No later than two working days after the receipt of a state measure under RCW 29.27.060 or an initiative or referendum measure under RCW 29.79.040, the attorney general shall file the text of the ballot title with the secretary of state and shall transmit copies of this filing to the majority and minority caucuses of house and senate, to the chief clerk of the house of representatives, to the secretary of the senate, and to any other person who has made a written request to be notified of the text of this ballot title.

          (3) No later than three working days after the proposed ballot title has been filed under subsection (2) of this section, any person to whom the ballot title has been transmitted may submit to the attorney general a request to amend the ballot title.  The attorney general may amend the proposed ballot title no later than the fifth working day after his or her transmittal of the proposed ballot title under subsection (2) of this section.  If the proposed ballot title is amended, the amended version shall be filed with the secretary of state and shall be the official ballot title, subject to any appeal under RCW 29.27.067.  If the attorney general does not amend the proposed ballot title within five working days after filing it with the secretary of state under subsection (2) of this section, the proposed ballot title shall be the official ballot title, subject to any appeal under RCW 29.27.067.

        Sec. 4.  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 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 by telephone and by mail the persons ((proposing)) who or legislative authority that proposed the measure of the exact language of the ballot title.

        Sec. 5.  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 contain the measure, the ballot title ((objected to, their)), and the objections to the ballot title ((and praying for amendment thereof)).  The time of the filing of the ballot title, ((as)) used ((herein)) in determining the time for appeal, is the time the official ballot title is first filed with the secretary of state((, if concerning a state-wide question,)) or the county auditor((, if a local question, the secretary of state or the county officer being herein called the "filing officer.")).

          ((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 under section 3 of this act.  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)) within seven working days render its decision and ((certify to and file with the filing officer such)) set forth the official ballot title or summary as it determines will meet the requirements of this chapter.  A copy of the decision and order of the court including the official ballot title or summary 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 appeal shall be heard without cost to either party)).  The petitioner shall, if he or she prevails, recover costs and reasonable attorneys' fees.

        Sec. 6.  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:

          ((Within seven calendar)) No later than two working days after the receipt of an initiative or a 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)) ballot title under RCW 29.27.060 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 not intentionally be an argument, nor be 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.))  The language of an initiative or referendum summary shall be such that it can be understood by a person of average intelligence and education.

        Sec. 7.  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:

          If any person is dissatisfied with the ballot title or summary of an initiative or referendum measure formulated by the attorney general, he or she may, within five days ((from)) after the filing of the ballot title and summary 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)) under RCW 29.27.067.

          ((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.))

        Sec. 8.  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)) If the ballot title ((and)) is amended under RCW 29.27.067 or the summary ((are finally established)) is amended under RCW 29.79.060, the secretary of state shall ((file the instrument establishing it with the proposed measure and)) transmit a copy ((thereof)) of the amended title or summary by mail to the person proposing the measure and to any other ((individuals)) persons who have made a written request for ((such)) notification.  ((Thereafter such)) The amended ballot title shall be the title of the measure ((in)) on all petitions((,)) and ballots((, and other proceedings in relation thereto)).  The amended summary shall appear on all petitions directly following the ballot title.

NEW SECTION. Sec. 9.  Section 29.79.050, chapter 9, Laws of 1965, section 3, chapter 118, Laws of 1973 1st ex. sess., section 5, chapter 116, Laws of 1982 and RCW 29.79.050 are each repealed.

NEW SECTION. Sec. 10.    This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.