wa-law.org > bill > 2023-24 > SB 5082 > Original Bill

SB 5082 - Advisory votes

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Section 1

The legislature finds that making the act of casting a ballot as simple as possible will help promote the free and equal elections guaranteed by Article I, section 19 and Article VI, section 1 of the Washington state Constitution. The legislature recognizes that transparency and fiscal responsibility are important to the people of Washington, and that election administration and ballot design should reflect these long-held values. The legislature further finds that the people rightfully expect items on their ballots to be neutrally and accurately worded. Finally, the legislature finds for the votes that Washingtonians cast to have meaning, the ballot must be limited to candidate elections that give the people the power to choose their representatives or ballot measures that determine what laws and plan of government the state and its localities shall have.

Section 2

The secretary of state shall determine the format and layout of the voters' pamphlet published under RCW 29A.32.010. The secretary of state shall print the pamphlet in clear, readable type on a size, quality, and weight of paper that in the judgment of the secretary of state best serves the voters. The pamphlet must contain a table of contents. Measures and arguments must be printed in the order specified by RCW 29A.72.290.

The secretary of state's name may not appear in the voters' pamphlet in his or her official capacity if the secretary is a candidate for office during the same year. His or her name may only be included as part of the information normally included for candidates.

The voters' pamphlet must provide the following information for each statewide issue on the ballot :

  1. The legal identification of the measure by serial designation or number;

  2. The official ballot title of the measure;

  3. A statement prepared by the attorney general explaining the law as it presently exists;

  4. A statement prepared by the attorney general explaining the effect of the proposed measure if it becomes law;

  5. The fiscal impact statement prepared under RCW 29A.72.025;

  6. The total number of votes cast for and against the measure in the senate and house of representatives, if the measure has been passed by the legislature;

  7. An argument advocating the voters' approval of the measure together with any statement in rebuttal of the opposing argument;

  8. An argument advocating the voters' rejection of the measure together with any statement in rebuttal of the opposing argument;

  9. Each argument or rebuttal statement must be followed by the names of the committee members who submitted them, and may be followed by a telephone number that citizens may call to obtain information on the ballot measure;

  10. The full text of the measure

‑‑‑‑‑.

Section 3

When the official canvass of returns of any election reveals that the difference in the number of votes cast for the approval of a statewide measure and the number of votes cast for the rejection of such measure is less than two thousand votes and also less than one-half of one percent of the total number of votes cast on such measure, the secretary of state shall direct that a recount of all votes cast on such measure be made on such measure, in the manner provided by RCW 29A.64.041 and 29A.64.061, and the cost of such recount will be at state expense.

Section 4

The secretary of state shall give a serial number to each initiative, referendum bill, or referendum measure, using a separate series for initiatives to the legislature, initiatives to the people, referendum bills, and referendum measures, and forthwith transmit one copy of the measure proposed bearing its serial number to the attorney general. Thereafter a measure shall be known and designated on all petitions, ballots, and proceedings as "Initiative Measure No. . . . .," "Referendum Bill No. . . . .," or "Referendum Measure No. . . . .."

Section 5

If a referendum or initiative petition for submission of a measure to the people is found sufficient, the secretary of state shall at the time and in the manner that he or she certifies to the county auditors of the various counties the names of candidates for state and district officers certify to each county auditor the serial numbers and ballot titles of the several initiative and referendum measures to be voted upon at the next ensuing general election or special election ordered by the legislature.

Section 6

The county auditor of each county shall print the serial numbers, ballot titles, and public investment impact disclosures certified by the secretary of state on the official ballots for the election at which initiative and referendum measures are to be submitted to the people for their approval or rejection. They must appear under separate headings in the order of the serial numbers as follows:

  1. Initiatives to the people;

  2. Referendum measures;

  3. Referendum bills;

  4. Initiatives to the legislature;

  5. Initiatives to the legislature and legislative alternatives;

6.

Proposed constitutional amendments.

Section 7

Section 8

The voters' pamphlet published or distributed under RCW 29A.32.010 must contain:

  1. Information about each ballot measure initiated by or referred to the voters for their approval or rejection as required by RCW 29A.32.070;

  2. In even‑numbered years, statements, if submitted, from candidates for the office of president and vice president of the United States, United States senator, United States representative, governor, lieutenant governor, secretary of state, state treasurer, state auditor, attorney general, commissioner of public lands, superintendent of public instruction, insurance commissioner, state senator, state representative, justice of the supreme court, judge of the court of appeals, or judge of the superior court. Candidates may also submit campaign contact information and a photograph not more than five years old in a format that the secretary of state determines to be suitable for reproduction in the voters' pamphlet;

  3. In odd‑numbered years, if any office voted upon statewide appears on the ballot due to a vacancy, then statements and photographs for candidates for any vacant office listed in subsection (2) of this section must appear;

  4. Contact information for the public disclosure commission established under RCW 42.17A.100, including the following statement: "For a list of the people and organizations that donated to state and local candidates and ballot measure campaigns, visit www.pdc.wa.gov." The statement must be placed in a prominent position, such as on the cover or on the first two pages of the voters' pamphlet. The secretary of state may substitute such language as is necessary for accuracy and clarity and consistent with the intent of this section;

  5. Contact information for major political parties;

  6. A brief statement explaining the deletion and addition of language for proposed measures under RCW 29A.32.080;

  7. A list of all student engagement hubs as designated under RCW 29A.40.180;

  8. (a) In even-numbered years, a summary of 300 words or less of each of the following:

     i. The adopted operating budget and supplemental operating budget;
    
     ii. The adopted capital budget and supplemental capital budget; and
    
     iii. The adopted transportation budget and supplemental transportation budget;
    
    1. Every summary required by (a) of this subsection must describe the major sources of revenue for that budget, categorize the expenditures by amount in decreasing order, and additionally include:

      1. The numbers of each bill that was part of the budget for that session;

      2. Access information for each bill on the official legislative website;

      3. The date that each bill was approved with brief instructions on how to locate roll call votes online; and

      4. The number of votes cast for and against each bill;

  9. In even-numbered years, a pie chart prepared by the legislative evaluation and accountability program showing total budgeted funds for the state operating budget by functional areas of government for the most recent biennium;

  10. In even-numbered years:

    1. Tables provided by the office of financial management comparing state and local expenditures per $1,000 of personal income from the most recent fiscal year available to each fiscal year going back 20 years, to be included with the information required under subsections (8) and (9) of this section; and

    2. An explanation not to exceed 100 words of what is measured in (a) of this subsection;

  11. In even-numbered years, instructions for voters on how to locate fiscal impact statements prepared under section 9 of this act; and

  12. Any additional information pertaining to elections as may be required by law or in the judgment of the secretary of state is deemed informative to the voters.

Section 9

  1. The office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency, shall prepare a fiscal impact statement for each bill enacted since the previous election that increases or decreases state tax revenue deposited in any fund, budget, or account, regardless of whether the revenues are deposited in the general fund. Fiscal impact statements must be written in clear and concise language, avoid legal and technical terms when possible, and be filed with the secretary of state no later than the 23rd day of July. Fiscal impact statements may include easily understood graphics.

  2. A fiscal impact statement must describe any projected increase or decrease in revenues, costs, expenditures, or indebtedness that the state or local governments will experience. Where appropriate, a fiscal impact statement may include both estimated dollar amounts and a description placing the estimated dollar amounts into context. A fiscal impact statement must include a summary not to exceed 250 words, and a more detailed statement that includes the assumptions that were made to develop the fiscal impacts.

  3. Fiscal impact statements must be available online from the website of the office of financial management, grouped by biennium, and must also be accessible through a link on the front page of the legislative website. Additional information may be posted on the website of the office of financial management.


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