USA Statutes : washington
Title : Elections
Chapter : Ballots and other voting forms
RCW 29A.36.020Constitutional measures Ballot title Formulation, ballot display, certification.(1) When a proposed constitutional amendment is to be submitted to the people of the state for statewide popular vote, the ballot title consists of: (a) A statement of the subject of the amendment; (b) a concise description of the amendment; and (c) a question in the form prescribed in this section. The statement of the subject of a constitutional amendment must be sufficiently broad to reflect the nature of the amendment, sufficiently precise to give notice of the amendment's subject matter, and not exceed ten words. The concise description must contain no more than thirty words, give a true and impartial description of the amendment's essential contents, clearly identify the amendment to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the amendment. The ballot title for a proposed constitutional amendment 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). Should this constitutional amendment be:
Approved
. . . . . . . . . . . .
Rejected
. . . . . . . . . . . .
"
(2) When a proposed new constitution is submitted to the people of the state by a constitutional convention for statewide popular vote, the ballot title consists of: (a) A concise description of the new constitution; and (b) a question in the form prescribed in this section. The concise description must contain no more than thirty words, give a true and impartial description of the new constitution's essential contents, clearly identify the proposed constitution to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the new constitution. The ballot title for a proposed new constitution must be displayed on the ballot substantially as follows:
"The constitutional convention approved a new proposed state constitution that (concise description). Should this proposed constitution be:
Approved
. . . . . . . . . . . .
Rejected
. . . . . . . . . . . .
"
(3) The legislature may specify the statement of subject or concise description, or both, in a constitutional amendment that it submits to the people. If the legislature fails to specify the statement of subject or concise description, or both, the attorney general shall prepare the material that was not specified. The statement of subject and concise description as so provided must be included as part of the ballot title unless changed on appeal. The attorney general shall specify the concise description for a proposed new constitution that is submitted to the people by a constitutional convention, and the concise description as so provided must be included as part of the ballot title unless changed on appeal. (4) The secretary of state shall certify to the county auditors the ballot title for a proposed constitution, constitutional amendment, or other statewide question at the same time and in the same manner as the ballot titles to initiatives and referendums.[2003 c 111 § 902. Prior: 2000 c 197 § 7. Formerly RCW 29.27.057.]Notes:Part headings not law -- 2000 c 197: See note following RCW 29A.72.050. RCW 29A.36.030Constitutional measures Ballot title Filing.The ballot title for a constitutional amendment or proposed constitution must be filed with the secretary of state in the same manner as the ballot title and summary for a state initiative or referendum are filed.[2003 c 111 § 903. Prior: 2000 c 197 § 8. Formerly RCW 29.27.061.]Notes:Part headings not law -- 2000 c 197: See note following RCW 29A.72.050. RCW 29A.36.040Constitutional, statewide questions Notice of ballot title and summary.Upon the filing of a ballot title under RCW 29A.36.020 or 29A.36.050, the secretary of state shall provide notice of the exact language of the ballot title and summary to the chief clerk of the house of representatives, the secretary of the senate, and the prime sponsor of measure.[2003 c 111 § 904. Prior: 2000 c 197 § 9; 1993 c 256 § 11; 1965 c 9 §29.27.065 ; prior: 1953 c 242 § 3. Formerly RCW 29.27.065.]Notes:Part headings not law -- 2000 c 197: See note following RCW 29A.72.050.Severability -- Effective date -- 1993 c 256: See notes following RCW 29A.84.280. RCW 29A.36.050Statewide question Ballot title Formulation, ballot display.(1) If the legislature submits a question to the people for a statewide popular vote that is not governed by RCW 29A.72.050 or 29A.36.020, the ballot title on the question consists of: (a) A description of the subject; and (b) a question in the form prescribed in this section. The statement of the subject of the question must be sufficiently broad to reflect the subject of the question, sufficiently precise to give notice of the question's subject matter, and not exceed ten words. The question must contain no more than thirty words. The ballot title for such a 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
. . . . . . . . . . . .
No
. . . . . . . . . . . .
"
(2) The legislature may specify the statement of subject for a question and shall specify the question that it submits to the people. If the legislature fails to specify the statement of subject, the attorney general shall prepare the statement of subject. The statement of subject and question as so provided must be included as part of the ballot title unless changed on appeal.[2003 c 111 § 905. Prior: 2000 c 197 § 10. Formerly RCW 29.27.0653.]Notes:Part headings not law -- 2000 c 197: See note following RCW 29A.72.050. RCW 29A.36.060Constitutional, statewide questions Ballot title Appeal.If any persons are dissatisfied with the ballot title for a proposed constitution, constitutional amendment, or question submitted under RCW 29A.36.050, they may at any time within ten days from the time of the filing of the ballot title and summary, not including Saturdays, Sundays, or legal holidays, appeal to the superior court of Thurston county by petition setting forth the measure, the ballot title objected to, their objections to it, and praying for amendment of the ballot title. The time of the filing of the ballot title, as used in this section for establishing the time for appeal, is the time the ballot title is first filed with the secretary of state. A copy of the petition on appeal together with a notice that an appeal has been taken must be served upon the secretary of state, the attorney general, the chief clerk of the house of representatives, and the secretary of the senate. Upon the filing of the petition on appeal, the court shall immediately, 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 to it and may hear arguments on it, and shall as soon as possible render its decision and certify to and file with the secretary of state a ballot title that it determines will meet the requirements of this chapter. The decision of the superior court is final, and the ballot title so certified will be the established ballot title. The appeal must be heard without cost to either party.[2003 c 111 § 906. Prior: 2000 c 197 § 11. Formerly RCW 29.27.0655.]Notes:Part headings not law -- 2000 c 197: See note following RCW 29A.72.050. RCW 29A.36.071Local measures Ballot title Formulation Advertising.(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 a local government and any other question submitted to the voters of a local government consists of three elements: (a) An identification of the enacting legislative body and a statement of the subject matter; (b) a concise description of the measure; and (c) a question. The ballot title must conform with the requirements and be displayed substantially as provided under RCW 29A.72.050, except that the concise description must 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. (2) A referendum measure on the enactment of a unit of local government shall be advertised in the manner provided for nominees for elective office. (3) Subsection (1) of this section does not apply if another provision of law specifies the ballot title for a specific type of ballot question or proposition.[2004 c 271 § 169.] RCW 29A.36.080Local measures Ballot title Notice.Upon the filing of a ballot title of a question to be submitted to the people of a county or municipality, the county auditor shall provide notice of the exact language of the ballot title to the persons proposing the measure, the county or municipality, and to any other person requesting a copy of the ballot title.[2003 c 111 § 908. Prior: 2000 c 197 § 13. Formerly RCW 29.27.0665.]Notes:Part headings not law -- 2000 c 197: See note following RCW 29A.72.050. RCW 29A.36.090Local measures Ballot title Appeal.If any persons are dissatisfied with the ballot title for a local ballot measure that was formulated by the city attorney or prosecuting attorney preparing the same, they may at any time within ten days from the time of the filing of the ballot title, not including Saturdays, Sundays, and legal holidays, appeal to the superior court of the county where the question is to appear on the ballot, by petition setting forth the measure, the ballot title objected to, their objections to it, and praying for amendment of it. The time of the filing of the ballot title, as used in this section in determining the time for appeal, is the time the ballot title is first filed with the county auditor. A copy of the petition on appeal together with a notice that an appeal has been taken shall be served upon the county auditor and the official preparing the ballot title. Upon the filing of the petition on appeal, the court shall immediately, 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 to it and may hear arguments on it, and shall as soon as possible render its decision and certify to and file with the county auditor a ballot title that it determines will meet the requirements of this chapter. The decision of the superior court is final, and the ballot title or statement so certified will be the established ballot title. The appeal must be heard without cost to either party.[2003 c 111 § 909. Prior: 2000 c 197 § 14; 1993 c 256 § 12; 1965 c 9 § 29.27.067; prior: 1953 c 242 § 4. Formerly RCW 29.27.067.]Notes:Part headings not law -- 2000 c 197: See note following RCW 29A.72.050.Severability -- Effective date -- 1993 c 256: See notes following RCW 29A.84.280. RCW 29A.36.180Disqualified candidates in nonpartisan elections Special procedures for conduct of election.This section applies if a candidate for an elective office of a city, town, or special purpose district would, under this chapter, otherwise qualify to have his or her name printed on the general election ballot for the office, but the candidate has been declared to be unqualified to hold the office by a court of competent jurisdiction. (1) In a case in which a primary is conducted for the office: (a) If ballots for the general election for the office have not been ordered by the county auditor, the candidate who received the third greatest number of votes for the office at the primary shall qualify as a candidate for general election and that candidate's name shall be printed on the ballot for the office in lieu of the name of the disqualified candidate. (b) If general election ballots for the office have been so ordered, votes cast for the disqualified candidate at the general election for the office shall not be counted for that office. (2) In a case in which a primary is not conducted for the office: (a) If ballots for the general election for the office have not been ordered by the county auditor, the name of the disqualified candidate shall not appear on the general election ballot for the office. (b) If general election ballots for the office have been so ordered, votes cast for the disqualified candidate at the general election for the office shall not be counted for that office. (3) If the disqualified candidate is the only candidate to have filed for the office during a regular or special filing period for the office, a void in candidacy for the office exists.[2003 c 111 § 918. Prior: 1992 c 181 § 1. Formerly RCW 29.30.086.]Notes:Effective date -- 1992 c 181: "This act shall take effect July 1, 1992." [1992 c 181 § 3.] RCW 29A.36.210Property tax levies Ballot form.(1) The ballot proposition authorizing a taxing district to impose the regular property tax levies authorized in RCW 36.69.145, 67.38.130, 84.52.069, or 84.52.135 shall contain in substance the following: "Shall the . . . . . . (insert the name of the taxing district) be authorized to impose regular property tax levies of . . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation for each of . . . . . . (insert the maximum number of years allowable) consecutive years? Yes. . . . . . . . . . . . No . . . . . . . . . . . . " Each voter shall indicate either "Yes" or "No" on his or her ballot in accordance with the procedures established under this title. (2) The ballot proposition authorizing a taxing district to impose a permanent regular tax levy under RCW 84.52.069 shall contain the following: "Shall the . . . . . (insert the name of the taxing district) be authorized to impose a PERMANENT regular property levy of . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation? Yes. . . . . . . . . . . . No . . . . . . . . . . . . "[2004 c 80 § 2; 2003 c 111 § 921. Prior: 1999 c 224 § 2; 1984 c 131 § 3. Formerly RCW 29.30.111.]Notes:Effective date -- 2004 c 80: See note following RCW 84.52.135.Application -- 1999 c 224: See note following RCW 84.52.069.Purpose -- 1984 c 131 §§ 3-9: "The purpose of sections 3 through 6 of this act is to clarify requirements necessary for voters to authorize certain local governments to impose regular property tax levies for a series of years. Sections 3 through 9 of this act only clarify the existing law to avoid credence being given to an erroneous opinion that has been rendered by the attorney general. As cogently expressed in Attorney General Opinion, Number 14, Addendum, opinions rendered by the attorney general are advisory only and are merely a "prediction of the outcome if the matter were to be litigated." Nevertheless, confusion has arisen from this erroneous opinion." [1984 c 131 § 2.] RCW 29A.36.220Expense of printing and distributing ballot materials.The cost of printing ballots, ballot cards, and instructions and the delivery of this material to the precinct election officers shall be an election cost that shall be borne as determined under RCW 29A.04.410 and 29A.04.420, as appropriate.[2003 c 111 § 922. Prior: 1990 c 59 § 16; 1965 c 9 § 29.30.130; prior: 1889 p 400 § 1; RRS § 5269. Formerly RCW 29.30.130.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013.
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