Laws governing local ballot measures in Washington

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

6 charter counties and approximately 55 cities in Washington have an initiative process for local ballot measures.

This article sets out the laws governing local ballot measures in Washington. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 39 counties, 281 cities, towns, and villages, and 1,275 special districts.

School districts

See also: School bond and tax elections in Washington

Washington, along with ten other states, possesses a State Constitution that establishes a limit to the amount of debt that may be incurred. Washington mandates that school districts must obtain voter approval to bring in more than one percent for general debt or five percent for capital outlays. Washington State requires a election for all bond issues exceeding three-eights of one percent of taxable property. The state's bond issue laws treat school districts and other forms of municipal government identically and therefore requires a 3/5^ths (60%) super-majority and a 40% voter turnout for approval. Bond issues can be used for capital improvements and new construction only. School districts cannot use bonds to retire debt or fund other obligations.

Other taxing districts

The Washington Constitution requires a 3/5^ths (60%) majority vote to authorize bonds and tax levies requiring voter approval in any taxing district other than school districts. This includes municipalities, fire districts, counties and any other political subdivision. In school districts, tax levy measures can be approved by a simple majority with no minimum voter turnout requirement, but bond measures must still be approved by a 3/5^ths. Moreover, the number of voters in any election requiring a 3/5^ths super-majority must be at least equal to 40% of the voters in the last general election.

However, districts imposing an EMS property tax levy of not more than $0.50 per $1,000 of assessed valuation for six or ten continuous years need only receive a majority approval. Such a tax imposed permanently must still be approved by 3/5^ths (60%) of voters with a 40% voter turnout.

Under RCW 52.18.050 a county fire protection district can impose a benefit charge with a 60% majority vote from the residents of that district. No voter turnout percentage is required.

Local recall rules

Ballot Law Portal

Laws Governing Ballot Measures

The citizens of Washington are granted the authority to perform a recall election by Sections 33 and 34 of Article I of the Washington State Constitution to all elective officers of the state of Washington except judges of courts of record.

A petition for recall must include a specified number of valid signatures from registered voters determined as a percentage of total votes cast for all candidates who ran for the office in the most recent election contest. This amounts to:

• 25 percent for state officers, other than judges, senators and representatives; city officers of cities of the first class; school district boards in cities of the first class; county officers in counties of the first, second and third classes,
• 35 percent for officers of all other political subdivisions, cities, towns, townships, precincts, and school districts not otherwise mentioned; and state senators and representatives.

For additional detail, see: Laws governing recall in Washington

Campaign finance rules

See also: Campaign finance requirements for Washington ballot measures

Initiative process availability

The availability of initiative varies depending on the classification, form of government, and home rule status of a town, city, or county.

Counties

General law counties do not have initiative authority, except to petition to adopt a charter. The six home rule charter counties do have authority, and all six have adopted an initiative process.

Cities

First class charter cities have a mandated initiative process for charter amendments. A first class charter city may adopt initiative for ordinances in its charter, and all ten have done so.

Second class cities and towns do not have authority to adopt initiative.

Code cities have authority to permit initiative. If a code city exercises that authority, the initiative process is set by state statute. As of 2005, approximately 46 code cities had elected to allow initiative. There is one city, Shelton, which uses the commission form of government and has a mandated initiative process.

The following code cities permit initiative:

• Battle Ground
• Bellevue
• Blaine
• Bonney Lake
• Bothell
• Brier
• Burien
• Camas
• Chelan
• Cheney
• Clarkston
• Des Moines
• Edgewood
• Edmonds
• Ellensburg
• Federal Way
• Ferndale
• Goldendale
• Issaquah
• Kelso
• Kent
• Lake Forest Park
• Longview
• Lynnwood
• Mercer Island
• Mill Creek
• Monroe
• Mountlake Terrace
• Mukilteo
• North Bend
• Ocean Shores
• Olympia
• Rainier
• Raymond
• Redmond
• Renton
• Ridgefield
• SeaTac
• Sequim
• Shoreline
• Shelton
• Tukwila
• Tumwater
• Walla Walla
• Wenatchee
• Woodinville

A guide to local ballot initiatives

Authority

Constitution

• No explicit provision for local initiative.

Statutes

• RCW 35.22.120 First class charter city mandated initiative for charter amendments
• RCW 35.22.200 First class charter city authority to adopt initiative for ordinances
• RCW 35A.11.080 Noncharter code city authority to adopt initiative for ordinances
• RCW 35A.11.100 Noncharter code city process requirements if adopt initiative
• RCW 35A.09.020 Charter code city (Kelso is the only one) mandated initiative for charter amendments
• RCW 35A.29.170, 35A.01.040 All code cities petition requirements
• RCW 35.17.220 - 35.17.360 Commission city (Shelton is the only one) mandated initiative

See law: Wash. Rev. Code Title 35 and 35A

Initiative process features

Code cities   The initiative process for code cities (cities operating under the optional municipal code statutes) is governed by Wash. Rev. Code Chap. 35A-11. Code cities must explicitly elect to exercise the initiative power for it to be available to citizens (RCW 35A-11-080). If a city adopts the initiative power, the requirements are set by statute (RCW 35A-11-100). Wash. Rev. Code Title 35 and 35A Subject matter restrictions: Initiated ordinances must be legislative in nature, not administrative. Ordinances cannot exceed the authority of the city. Petition appearance: Petition form requirements are governed by Wash. Rev. Code 35A.01.040, including the text of the proposed ordinance, a required warning, and the signer's address. Signature requirement: 15% of the total number of names of persons listed as registered voters within the city on the day of the last preceding city general election. (Wash. Rev. Code 35A.11.100) Circulation period: Signatures followed by a date of signing which is more than six months prior to the date of filing of the petition shall be stricken. (RCW 35A.01.040(8)) Submitting signatures: Petitions are filed with the officer designated to receive the petition (usually the city clerk). The clerk transmits the petition to the county auditor for certification of signatures. If an insufficiency is found, petitioners have 10 days to amend. (RCW 35A.11.100, RCW 35-17-240 to 360) Election procedure and results: After certification, the council has 20 days to pass the ordinance without alteration, or it shall cause to be called a special election to be held on the next election date, as provided in *RCW 29.13.020, that occurs not less than 45 days thereafter, for submission of the proposed ordinance without alteration, to a vote of the people unless a general election will occur within 90 days, in which event submission must be made on the general election ballot. Majority vote passes the ordinance. (RCW 35A.11.100, RCW 35-17-240 to 360)

Charter amendment in first class cities   Cities with a population over 10,000 may adopt a home rule charter under Washington Constitution, Article XI, Sec. 10. The initiative process for amendments to city charters is governed by Washington Rev. Code Sec. 35-22-120 and 130. Charters may contain additional requirements. Wash. Rev. Code Chap. 35-22 Subject matter restrictions: Charters must be consistent with and subject to the Constitution and laws of the state (WA Const. Art. XI, Section 10) Petition form: Petition form requirements are generally governed by Wash. Rev. Code 35.21.005, including the text of the proposed ordinance, a required warning, and the signer's address. Signature requirement: 15% of the total number of votes cast at the last preceding general state election (Wash. Rev. Code 35.22.120) Circulation period: Signatures followed by a date of signing which is more than six months prior to the date of filing of the petition shall be stricken. (RCW 35.21.005(8)) Submitting signatures: Petitions are filed with the city clerk for certification. (RCW 35.22.130) Election procedure and results: After certification, the proposed amendment shall be submitted to the voters at the next regular municipal election, occurring 30 days or more after said petition is filed. Majority vote passes the amendment. (RCW 35.22.120)

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Initiative in the top 10 most populated cities

Initiative is available in the top 10 most populated cities in Washington. Six are first-class charter cities that have authorized initiative for ordinances by charter. The other four are code cities which have opted to permit the initiative process as provided by statute.

Individual city provisions   Seattle: Seattle is a first class charter city and, according to the July 2011 Census update, possesses a population of 620,778. Signature requirement is 10% of the total number of votes cast for the office of Mayor at the last preceding municipal election; 20% to force a special election. Prior to circulation for signatures, such petition shall be filed with the city clerk in the form prescribed by ordinance, and by such officer assigned a serial number, dated, and approved or rejected as to form. The petition form requirements are in Seattle Municipal Code, 2.08.010 to .040. Petitions must be filed with the clerk within 180 days of form approval. After certification, the council has 45 days to adopt or shall submit at the next regularly scheduled election, irrespective of whether it is a state or municipal election or a primary or general election; but the city council may in its discretion designate submission be at a general election rather than a primary or call an earlier special election. If signatures equal 20% a special election shall be called within 60 days. Seattle Charter, Art. VI, Sec. 1 Seattle Code, Title 2 Spokane: Spokane is a first class charter city and, according to the July 2011 Census update, possesses a population of 210,103. Signature requirement is 5% of the total number of votes cast at the last preceding general municipal election for the council to pass or submit at the next general municipal election; 15% for the council to pass or submit at next available special or general election. Prior to circulation, file the proposed petition with the city clerk. The city attorney reviews the form and text and writes a summary statement and ballot title. The city clerk assigns an initiative number. Signed petitions must be filed with the city clerk within 365 days after the approval by the city council of the ballot title and summary of the measure. The council may adopt or shall submit to special or general election depending on signature percentage. Spokane Charter, Art. IX Spokane Code, Chap. 02.02 Tacoma: Tacoma is a first class charter city and, according to the July 2011 Census update, possesses a population of 200,678. Signature requirement is 10% of the votes cast in the last Mayoral election. Prior to circulation, file the proposed petition with the city clerk. The city attorney reviews the form and text and writes a summary statement and ballot title. The city clerk assigns an initiative number. Petitioners have 180 days to collect signatures. File complete petitions with the city clerk. After certification, the council has 30 days to adopt or submit at the next municipal or general election not less than 90 days from certification. Ordinances adopted by initiative may not be amended or repealed for 2 years without voter approval. Tacoma Charter, Sec. 2.18 to 2.25 Vancouver: Vancouver is a first class charter city and, according to the July 2011 Census update, possesses a population of 164,759. Signature requirement is 15% of the number of votes cast at the last preceding municipal general election. Petitions shall be in a form prescribed by the city clerk, and may be approved in advance as to form by the city attorney. Some form requirements are in Vancouver Charter, Art. X, Sec. 10.03, including a circulator affidavit and 5 voters designated as the petitioners committee. After certification, the council may adopt the ordinance or submit at the next municipal general election provided such election shall occur 60 days or more after the city council takes its final vote thereon. The city council may provide for a special election if, in its judgment, an emergency exists. If the city council passes a proposed initiative ordinance in a different form, it shall likewise submit the proposed ordinance in its original form, if, and only if, an additional petition signed by not less than 5% of the number of votes cast at the last regular city election, requesting such submission, shall be circulated, signed, and filed in the same manner as the original petition and within 10 days of the date of adoption of the amended ordinance. Restrictions: Initiative is not available for an ordinance appropriating money, authorizing the levy of taxes, or any subject where such action is contrary to the general laws of the state of Washington. Vancouver Charter, Art. X Everett: Everett is a first class charter city and, according to the July 2011 Census update, possesses a population of 104,295. Signature requirement is 5% of the total number of votes cast at the last preceding regular municipal election for council to pass or submit at the next regular municipal election; 15% for council to pass or submit at a special election within 45 days or regular election if within 60 days. There is no pre-approval process required in the city charter or code. Unless seeking a special election, petitions must be filed with the city clerk at least 45 days before the date of a regular election. After certification, the council may adopt or submit at a special or regular municipal election depending on signature percentages. (Everett Charter, Art. XI, Sec. 11.2) Everett Charter, Art. XI Yakima: Yakima is a first class charter city and, according to the July 2011 Census update, possesses a population of 92,512. Signature requirement is 20% of the total number of votes cast at the last preceding general city election. There is no pre-approval process required in the city charter or code. File petitions with the city clerk. After certification, the council has 20 days to adopt or submit at a regular election if within 30-90 days, otherwise shall call first available special election in accordance with state law. Yakima Charter, Art. IV Bellevue: Bellevue operates under the optional municipal code as non-chartered code city and, according to the July 2011 Census update, possesses a population of 124,798. The city permits initiative for ordinances, with the requirements set by state law as provided above (Initiative process features, Code cities). Kent: Kent operates under the optional municipal code as non-chartered code city and, according to the July 2011 Census update, possesses a population of 120,916. The city permits initiative for ordinances, with the requirements set by state law as provided above (Initiative process features, Code cities). Renton: Renton operates under the optional municipal code as non-chartered code city and, according to the July 2011 Census update, possesses a population of 92,812. The city permits initiative for ordinances, with the requirements set by state law as provided above (Initiative process features, Code cities). Federal Way: Federal Way operates under the optional municipal code as non-chartered code city and, according to the July 2011 Census update, possesses a population of 91,085. The city permits initiative for ordinances, with the requirements set by state law as provided above (Initiative process features, Code cities).

External links

• Ballotpedia: Research document of Washington local I&R laws
• Association of Washington Cities
• Municipal Research and Services Center of Washington