Laws governing the initiative process in Washington
Laws and procedures
Citizens of Washington may initiate legislation as either a direct or indirect state statute. In Washington, citizens also have the power to repeal legislation via veto referendum. Citizens may not initiate constitutional amendments. The Washington State Legislature, however, may place legislatively referred constitutional amendments on the ballot with a two-thirds majority vote of each chamber.
Crafting an initiative
Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates and establish guidelines for adjudicating contradictory measures.
Single-subject rule
- See also: Single-subject rule
Washington has a single-subject rule for ballot measures. The relevant law restricts bills in the legislature. However, this restriction has been found to apply to initiatives as well. Key legal decisions to this effect are listed below.
See law: Washington Constitution, Article II, Section 19 ; Fritz v. Gorton (1974) ; Washington Fed. of State Emp. v. State (1995) and Amalgamated Transit v. State (2000)
Subject restrictions
- See also: Subject restrictions (ballot measures)
Any initiated measure that would authorize gambling or a lottery requires a 60 percent supermajority in Washington.
See law: Washington Constitution, Article II, Section 24
Veto referendums on emergency legislation
In Washington, veto referendums cannot be used on emergency legislation.
See law: Washington State Constitution, Article II, Section 1
Competing initiatives
In Washington, competing measures are arranged on the ballot so voters can express two separate preferences. First, voters choose between either measure or neither measure. Second, voters choose between one measure and the other. If a majority prefer neither, both measures fail. If a majority prefer either, then the second vote determines which measure will be approved.
When an indirect initiative measure has been rejected by the legislature, pushing it onto the ballot, lawmakers may submit an alternative competing measure to voters.
See law: Washington Constitution, Article II, Section 1
Starting a petition
Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.[1][2][3]
Applying to petition
- See also: Approved for circulation
Prior to collecting signatures, one sponsor (acting individually or for a group) must file a copy of the proposed statute with the Washington secretary of state. The sponsor must also file an affidavit certifying that he or she is a legal Washington voter. There is a nominal fee for this filing.
See law: Revised Code of Washington, Title 29A, Chapter 72, Section 010
Proposal review/approval
- See also: Approved for circulation
Once the measure is submitted, the secretary sends a copy to the Office of the Code Reviser. The office reviews the measure and recommends changes to the initiative sponsor. These recommendations are advisory and do not oblige the sponsor to make any revisions.
Once the review is complete, the office issues the sponsor a certificate of review. The sponsor must then refile the measure and certificate with the secretary of state who then assigns the petition a number (e.g. Initiative Measure No. 1183 or Initiative Measure No. 1163).
See law: Revised Code of Washington, Title 29A, Chapter 72, Section 020 and Section 040
Petition summary
- See also: Starting a petition
After the secretary has assigned the initiative a number, he or she transmits a copy to the Washington attorney general. The attorney general drafts a ballot title consisting of three parts--a short statement of the measure's subject, a concise description, and a question asking whether the measure should be adopted. In addition, the attorney general drafts a longer, 75-word statement impartially summarizing the measure. Only the full text of the proposed statute is required on the petition form, but the ballot title or summary may be included.
- An example of the ballot language can be found here.
See law: Revised Code of Washington, Title 29A, Chapter 72, Section 040 ; Section 050 ; Section 060 and Section 100
Collecting signatures
Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.
Number required
- See also: Washington signature requirements
In Washington, the signature requirement for citizen initiatives is based on the total number of votes cast for the office of governor at the last regular gubernatorial election. Initiatives to the People require signatures equal to eight (8) percent of the votes cast for the office of governor in the last election. Initiatives to the Legislature also require signatures equal to eight (8) percent of the votes cast for the office of governor in the last election. Veto referendum petitions require signatures equal to four (4) percent of the votes cast for the office of governor.
The signature requirement for Initiatives to the Legislature lags behind by one year. For example, based on the gubernatorial election of 2020, the signature requirement for Initiatives to the People and veto referendums changed for 2021 while the requirements for Initiatives to the Legislature remained unchanged until 2022.
The chart below shows election years and the signature requirement for initiatives designed to appear on the ballot in that year, with gubernatorial election years bolded.
Year | Initiative to the People | Initiative to the Legislature | Veto referendum |
---|---|---|---|
2024 | 324,516 | 324,516 | 162,258 |
2023 | 324,516 | 324,516 | 162,258 |
2022 | 324,516 | 324,516 | 162,258 |
2021 | 324,516 | 259,622 | 162,258 |
2020 | 259,622 | 259,622 | 129,811 |
2019 | 259,622 | 259,622 | 129,811 |
2018 | 259,622 | 259,622 | 129,811 |
2017 | 259,622 | 246,372 | 129,811 |
2016 | 246,372 | 246,372 | 123,186 |
2015 | 246,372 | 246,372 | 123,186 |
2014 | 246,372 | 246,372 | 123,186 |
2013 | 246,372 | 240,229 | 123,186 |
2012 | 240,229 | 240,229 | 120,114 |
2011 | 240,229 | 240,229 | 120,114 |
2010 | 240,229 | 240,229 | 120,114 |
2009 | 240,229 | 224,880 | 120,114 |
2008 | 224,880 | 224,880 | 112,440 |
Distribution requirements
- See also: Distribution requirements
Washington does not have a distribution requirement for petition signatures.
See law: Washington Constitution, Article II, Section 1
Restrictions on circulators
Circulator requirements
- See also: Petition circulator
In Washington, no law could be found preventing a circulator from signing his own petition. Each initiative petition has a circulator affidavit in the form of a state statute-mandated declaration. But, according to the secretary of state, an opinion published by the attorney general in 2006 allows the secretary of state to either accept or reject petitions that do not have signed declarations attached.[4] A circulator is not required to sign any affidavit or declaration before a notary public nor is he/she required to swear and sign under the penalty of a law a statement that he/she personally witnessed every act of signing the petition. Once collection is complete, the signatures are submitted to the secretary of state.[5]
See law: RCW Sec. 29A.72.150 and AGO 2006 No. 13
Pay-per-signature
- See also: Pay-per-signature
Washington allows paying signature gatherers based on the number of signatures collected.
Washington had a ban but the law was struck down in LIMIT v. Maleng in 1994.
See law: Revised Code of Washington, Title 29A, Chapter 84, Section 250 (Formerly, 29.79.490) & LIMIT v. Maleng
Out-of-state circulators
Washington does not require signature gatherers to be residents of the state.
See law: Revised Code of Washington, Title 29A, Chapter 72
Badge requirements
- See also: Badge requirements
Washington law does not require a circulator's paid/volunteer status to be disclosed during circulation.[6]
See law: Revised Code of Washington, Title 29A, Chapter 72
Electronic signatures
- See also: Electronic petition signatures
Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Washington does mandate that petitions be printed on "paper of good writing quality."
See law: Revised Code of Washington, Title 29A, Chapter 72, Section 100
Deadlines for collection
In Washington, initial filings for direct initiatives cannot be made more than 10 months before the general election at which their proposal would be presented to voters. Initial filings for indirect initiatives cannot be made more than 10 months before the regular session at which their proposal would be presented to lawmakers.
Signatures for direct initiatives are due at least four months prior to the general election. Signatures for indirect initiatives are due at least 10 days prior to the beginning of the legislative session in the year of the targeted election.
Signatures for veto referendums must be submitted 90 days following the adjournment of the legislative session at which the targeted bill was passed.
See law: Revised Code of Washington, Title 29A, Chapter 72, Section 030 and Section 160
Getting on the ballot
Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.
Signature verification
- See also: Signature certification
Once the signatures have been gathered and filed, the secretary of state verifies the signatures using a random sample method. If the sample indicates that the measure has sufficient signatures, the measure is certified for the ballot. However, if the sample indicates that the measure has insufficient signatures, every signature is checked. Under Washington law, a random sample result may not invalidate a petition. However, the secretary of state is not required to review any petition that "clearly bears insufficient signatures."
Observers representing proponents and opponents of the measure may be present to watch the verification process.
See law: Revised Code of Washington, Title 29A, Chapter 72, Section 170
Ballot title and summary
- See also: Ballot title
In Washington, the ballot includes the ballot title and the initiative's serial number. These are designated shortly after the initial filing. After a measure has been certified for the ballot, it also receives a section in the state's voters' pamphlet with arguments for and against the initiative.
- An example of a sample ballot can be found here.
See law: Revised Code of Washington, Title 29A, Chapter 72, Section 050 and Section 290 and Chapter 32, Section 060
Fiscal review
- See also: Fiscal impact statement
Once a measure has been certified for the ballot, the Office of Financial Management drafts a fiscal impact statement describing the "projected increase or decrease in revenues, costs, expenditures, or indebtedness" created by the measure. It is made available online and in the state's voter pamphlet.
See law: Revised Code of Washington, Title 29A, Chapter 72, Section 025
The election and beyond
Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.
Supermajority requirements
- See also: Supermajority requirements
In Washington, any initiated measure that would authorize gambling or a lottery requires a 60 percent supermajority vote. Other measures require only a simple majority vote. Regardless, for any ballot measure to be approved, at least one third of the voters voting in the election must cast a vote on the measure. For example, if 100,000 electors cast votes in an election, but fewer than 33,000 voted on the measure in question, the measure would not be approved even if all 33,000 votes were "yes" votes.
See law: Washington Constitution, Article II, Section 1 (d) and Section 24
Effective date
Washington ballot measures generally take effect 30 days after the election. The official canvass of the vote must also be certified to the governor by this date. Initiated measures may specify an alternative effective date.[7]
See law: Washington Constitution, Article II, Section 1 (d) and Section 24
Litigation
- See also: Ballot measure lawsuit news
Within five days of the filing of a ballot title or summary with the secretary of state, any person may challenge the ballot title or summary. Similarly, within five days of the determination of sufficiency for signature petitions, any citizen may challenge the signature count. Moreover, if the secretary of state refuses to perform a signature count and rules the petition insufficient, the persons filing the measure may challenge the decision within 10 days. All of these challenges should be filed in the Thurston County Superior Court. The decisions of this court may be appealed to the Washington supreme court.
See law: Revised Code of Washington, Title 29A, Chapter 72, Section 080 ; Section 180 ; Section 190 and Section 240
Legislative alteration
- See also: Legislative alteration
In Washington, no initiated statute may be amended or repealed for two years without a two-thirds (66.67%) vote in both chambers. Any initiated law, so amended, is not subject to veto referendum. After two years, the law may be repealed or amended by a simple majority vote of the legislature.[8]
See law: Washington Constitution, Article II, Section 1
Re-attempting an initiative
Washington does not limit how soon an initiative can be re-attempted.[9] For example, after the defeat of Initiative 1100 in 2010, the measure was revised and reintroduced as Initiative 1183 in 2011, and it was approved.
See law: Washington Constitution, Article II, Section 1
Funding an initiative campaign
Some of the notable features of Washington State's campaign finance laws include:
- Washington law treats groups in support or opposition of a ballot question the same as other political committees on most matters except campaign disclosure.
- Washington uses a frequent reporting system for filing disclosure reports in which most reports are due on a monthly basis.
- Washington law limits any person or other committee to donating a maximum of $5,000 in the last 21 days of the election. State party organizations are exempt.
- Washington State requires electronic reporting of all campaign finance disclosure.
- Washington requires any political committee to list the names of its five largest contributors on broadcasted or written advertisements that support or oppose a ballot measure when the cumulative value of the advertisements is at least $1,000.
State initiative law
Article II of the Washington Constitution address initiatives.
Chapter 72, Title 29A of the Washington Codified Laws govern initiatives.
External links
- Washington Secretary of State, "Election and Voting, General Information"
- Washington Secretary of State, "Initiative and Referendum History and Statistics"
- Washington Secretary of State, "Filing Initiatives and Referenda in Washington," (Initiative handbook)
- Washington Secretary of State, "FAQ About Circulating Initiative and Referendum Petitions"
- Washington Secretary of State, "Filing an Initiative" (Make initial filing online)
Footnotes
- ↑ NCSL, "Drafting the Initiative Proposal," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Fiscal Analysis," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Ballot Title and Summary," accessed May 19, 2011
- ↑ Secretary of State, "Elections and Voter FAQ," accessed September 9, 2013
- ↑ Washington State Legislature, "Revised Code of Washington Sec. 29A.72.150," accessed September 9, 2013
- ↑ NCSL, "Paid vs. Volunteer Petitioners," December 2, 2021
- ↑ Washington Secretary of State, "Initiatives and referenda in Washington State," December 2, 2021
- ↑ NCSL, "Limiting the Legislature's Power to Amend and Repeal Initiated Statutes," December 2, 2021
- ↑ NCSL, "Banning Same or Similar Measures from the Ballot for a Specified Period of Time," May 2009
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Changes in the law
Contents |
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1 Laws and procedures |
2 Changes in the law |
2.1 Proposed changes by year |
2.1.1 2022 |
2.1.2 2021 |
2.1.3 2010 |
2.1.4 2019 |
2.1.5 2018 |
2.1.6 2017 |
2.1.7 2016 |
2.1.8 2015 |
2.1.9 2014 |
2.1.10 2013 |
The following laws have been proposed that modify ballot measure law in Washington. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.
Proposed changes by year
2022
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2021
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2020
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2019
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2018
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2017
Washington Senate Bill 5386 was designed to do the following:
Washington House Bill 1537 was designed to do the following:
Washington Senate Bill 5397 was designed to do the following:
Washington House Bill 1981 was designed to require the office of financial management to prepare a revenue equity statement that "must describe the projections for how the ballot measure would affect any projected increase or decrease in the average effective tax rate imposed directly or indirectly on Washington residents" for any ballot measure that that would have a certain tax impact on family income Washington House Bill 1807 was designed to require additional campaign finance reporting requirements. Washington Senate Bill 5219 was designed to require additional campaign finance reporting requirements. Washington House Bill 2083 was designed to change the allowed special election dates, which would affect the dates on which certain ballot measures could be presented to voters. |
2016
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2015
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2014
The following bills were introduced in the Washington State Legislature:
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2013
The following bills were introduced in the Washington State Legislature: HB 1211: Concerns primary election voters' pamphlets. HB 1720: Increases transparency of donors to candidates and ballot measures. HB 1966: Permits electronic submission of application to circulate initiative petition. HB 2033: Reduces the costs and inefficiencies in elections by eliminating a requirement to include the full text of ballot measures in the printed version of voters' pamphlets. HB 2066: Reduces the costs and inefficiencies in elections by eliminating a requirement to include the full text of ballot measures in the printed version of voters' pamphlets. SB 5258: Provides that a political committee must list the names of its five largest contributors on broadcasted or written advertisements that support or oppose a ballot measure when the cumulative value of the advertisements is at least a specified amount; exempts yard signs, and other forms of advertising where identification is impractical, such as campaign buttons, balloons, pens, pencils, skywriting and inscriptions. SB 5347: Declares that any state or local initiative for which sufficient valid voter signatures are submitted within the time period required must be submitted to a vote of the people at the next election date. SB 5499: Changes deadline for filing initiative petitions from ten to twenty months before the election. SB 5505: Concerning individual voter signatures on a petition, the secretary of state must accept and must not reject a valid voter signature if it matches the signature on the voter's registration as long as the requirements in existing law are met. SB 5507: Increases transparency of donors to candidates and ballot measures. SB 5676: Protects personal voter signatures. |
2012
The following bills were introduced in the Washington State Legislature: HB 2499: Bill description/summary: "Requires political advertising costing one thousand dollars or more, supporting or opposing ballot measures sponsored by a political committee, to include certain information on the top five contributors." HJR 4224: Bill description/summary: "Amends the Constitution to require the Secretary of State to reject any initiative for the ballot that will result in an increase in costs or expenditures of the state or local governments in excess of $5 million unless the initiative also specifies a tax increase or new tax to offset that increase." SJR 8218: Requires initiatives to specify a funding source sufficient to cover any expenditures they require. Requires a fiscal impact statement for initiated measures. |
2011
The following bills were introduced in the Washington State Legislature: Washington House Bill 1158: HB 1158 would require additional fiscal impact information to be included in levy ballot language. Washington House Bill 1584: Bill description/summary: "Prohibits signature gatherers for initiative or referendum petitions from being within fifteen feet of entrances and exits of certain stand alone or retail stores, unless authorized by the property owner." Washington House Bill 1668: Bill description/summary: "Increases the initiative filing fee." Washington House Bill 1888: Bill description/summary: "Requires the office of financial management, for each voters' pamphlet prepared for the general election, to provide information about how Washington municipal governments, state government, and the federal government receive their income, how they distribute it, and how the tax structure works." Washington House Bill 1987: Bill description/summary: "Provides sufficient flexibility to county auditors to accept ballots where misspellings are present, yet the registered voter is clearly the same person." Washington Senate Bill 5216: Bill description/summary: "Provides for the administrative costs involved in the initiative process by increasing the initiative filing fee." Washington Senate Bill 5297: Bill description/summary: "Regulates signature gathering businesses. Provides that the initiative filing fee will be set by the secretary of state. Requires certain information from signature gatherers and additional information from petitioners on petitions. Authorizes the secretary of state to establish an electronic system for a legal voter to pay a filing fee, file a proposed measure, and provide sufficient information in lieu of an affidavit to establish that he or she is a legal voter in the state." Washington Senate Bill 5832: Bill description/summary: "Requires the office of financial management, for each voters' pamphlet prepared for the general election, to provide information about how Washington municipal governments, state government, and the federal government receive their income, how they distribute it, and how the tax structure works." |
2010
No proposed changes were identified in 2010.
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