State Democracy Research Initiative
University of Wisconsin Law School

WASHINGTON

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Washington has direct and indirect statutory initiatives (but not constitutional initiatives), veto referendums, and legislatively referred amendments. The timing of an election may vary depending on the type of ballot measure. Although submission at general elections is the norm, the legislature may order a special election for a veto referendum. The contents of the ballot also vary somewhat depending on the type of ballot measure, with an additional disclosure required for an initiative or veto referendum predicted to have a financial impact. Notably, Washington law requires the Secretary of State to supplement newspaper publications with an equivalent amount of radio and television broadcasts for any state ballot measure submitted to voters at a general election. The Secretary of State is also required to compile and distribute a detailed Voter Information Pamphlet, drawing on materials prepared by other entities. Washington statutes provide pathways for pre-election legal challenges to various materials—including ballot titles, public investment impact disclosures, and Voter Information Pamphlets—before the Superior Court of Thurston County, whose decisions are to be expeditious and considered final. In addition to pre-election statutory challenges before the Thurston County Superior Court, Washington courts may also consider constitutional claims post-enactment.

BACKGROUND INFORMATION

What forms of direct democracy are available, and when?

Statewide Ballot Measures in Washington

Washington has both direct and indirect statutory initiatives, veto referendums, and legislatively referred amendments. Washington voters may not initiate a constitutional amendment.

√ Initiatives – Statutory (Direct and Indirect + Legislative Alternatives)

The people of Washington have the initiative power to propose and enact legislation. Wash. Const. art. II, § 1(a).

The people may petition for a proposed law to be submitted directly to voters (direct initiative) or submitted to the state legislature for its adoption (indirect initiative). See id. With respect to an indirect initiative, the legislature may reject the measure and propose a different one dealing with the same subject, in which case, both measures are submitted to voters. See id.

X Initiatives – Constitutional

√ Veto Referendums

Washingtonians have the referendum power to require that any act of the legislature, or any part thereof, be submitted to the voters for their approval or rejection, except for laws necessary for the immediate preservation of public peace, health, or safety; or for support of state government and its existing public institutions. See Wash. Const. art. II, § 1(b), (d).

In addition to veto referendums, which are initiated via voter petition, the Washington Constitution also authorizes the state legislature to itself refer an act to the people; but the legislature may not enact an indirect initiative and then refer it to the people. Wash. Const. art. II, § 1(b).

√ Legislatively Referred Amendments

An amendment to the state constitution proposed by the legislature must be approved by Washington voters. Wash. Const. art. XXIII, § 1.

Election Timing

The timing of an election on a ballot measure may vary depending on the form of direct democracy. Although submission at general elections is the norm, the legislature may order a special election with respect to a veto referendum.

  • An initiative is submitted to voters at a general election, as follows:
    • Sponsors may choose to submit an initiative directly to the voters at a general election by filing the measure within ten months before the election and filing the required signature petitions not less than four months beforehand. See Const. art. II, § 1(a); Wash. Rev. Code §§ 29A.72.030, 29A.72.120.
    • Alternatively, sponsors may submit an initiative to the legislature by filing the measure within ten months prior to the next regular session of the legislature at which it is to be submitted and filing the required signature petitions not less than 10 days beforehand. Const. art. II, § 1(a); Wash. Rev. Code § 29A.72.030. If the legislature declines to enact it, the measure will be submitted at the next regular general election (along with any legislative alternatives). See Wash. Const. art. II, § 1(a).
  • A veto referendum is submitted to voters at the next regular general election following the filing of a petition unless the legislature orders a special election. See Const. art. II, § 1(d); Wash. Rev. Code § 29A.72.030.
  • A legislatively referred amendment must be submitted to Washington voters “at the next general election” after it is approved by 2/3 of all members elected to each house of the legislature. Wash. Const. art. XXIII, § 1.

BALLOT PREPARATION

What is included on the ballot, and who prepares it?

The ballot for a statewide ballot measure in Washington must display the following.

  • Ballot title, consisting of three parts. See generally Rev. Code §§ 29A.72.050, 29A.36.020.
    • (1) Statement of the measure’s subject matter (10 words or less). This statement must be broad enough to encompass the subject matter and sufficiently precise to give notice. §§ 29A.72.050(1), 29A.36.020(1).
    • (2) Concise description of the measure (30 words or less). This description must give a true and impartial description of the measure’s essential contents and clearly identify the proposition to be voted on; and it must not, to the extent reasonably possible, create prejudice for or against the measure. §§ 29A.72.050(1), 29A.36.020(1).
    • (3) Question set forth to allow voters to indicate their approval or disapproval. See §§ 29A.72.050(1)(c); 29A.36.020(1)(c).
    • The entity responsible for preparing the ballot title can vary depending on the type of ballot measure.
      • For an initiative or veto referendum, the ballot title is prepared by the Attorney General, except that for a legislative alternative pertaining to an indirect initiative, the legislature may draft the ballot title. See id.§ 29A.72.050(7), 29A.72.060. In addition to appearing on the ballot, the ballot title also appears on the petition itself. See id. § 29A.72.090.
      • For a legislatively referred amendment, the ballot title may be specified by the legislature, but if the legislature fails to do so, the Attorney General prepares the missing information. See id. 29A.36.020(3).
  • For an initiative or veto referendum, an additional disclosure is also required to appear on the ballot title, after the concise description and before the question, if the measure repeals, levies, or modifies any tax or fee (or the scope thereof) and the fiscal impact statement (discussed in further detail below) reveals it would cause a net change in state revenue. Wash. Rev. Code §§ 29A.72.027(1), 29A.72.025, 29A.72.050(2) (providing, “The disclosure is not . . . considered part of the ballot title and is not subject to any of the legal requirements for ballot titles under this chapter”).
    • (If applicable) Public investment impact disclosure, indicating whether the measure would increase or decrease funding for services. See id. 29A.72.027(3).
      • The disclosure must include a description of the investments that would be affected (10 words or less; but 15 words or less if the impact is primarily to the state general fund, in which case, the description must list the top three categories of services funded by the general fund per the current budget). § 29A.72.027(2). The description must use neutral language that cannot be reasonably expected to create prejudice for or against the measure. Id. § 29A.72.027(4).The disclosure is prepared by the Attorney General, who may consult with the Office of Financial Management or other agencies as necessary to accurately draft the description. See id. § 29A.72.027(2).

INFORMATION TO VOTERS

What information is provided to voters before the election, and how?

Publication

For any statewide ballot measure submitted to the people at a general election, the Secretary of State must publish notice of the measure up to four times during the four weeks immediately preceding that election, in every legal newspaper in the state: and at least four times for a legislatively referred amendment. See Wash. Const. art. XXIII, § 1; Wash. Rev. Code § 29A.52.330. On top of this, the Secretary of State must “supplement this publication with an equivalent amount of radio and television advertisements.” Id. § 29A.52.330. The publication and broadcast may set forth some or all of the following. See id. § 29A.52.340.

  • Legal identification of the measure.
  • Official ballot title.
  • Brief statement explaining the law (or constitutional provision) as it presently exists.
  • Brief statement explaining the effect of the measure, should it be approved.
  • Total number of votes cast for and against the measure in the state legislature.

Voter Information Pamphlet

The Secretary of State must also publish a Voter Information Pamphlet that includes the following information about each ballot measure. Wash. Rev. Code § 29A.32.010.

  • Legal identification of the measure (e.g., designation or number). § 29A.32.070(1).
  • Official ballot title (discussed above). § 29A.32.070(2).
  • Statements prepared by the Attorney General to explain: (a) the law as it presently stands, and (b) the effect of the proposed measure if it becomes law. § 29A.32.070(3)–(4).
    • These two explanatory statements must be written in clear and concise language, avoiding legal and technical terms where possible. § 29A.32.040(1).
  • Fiscal impact statement. § 29A.32.070(5).
  • Arguments advocating for, and against, the measure, along with rebuttals and identification of the authors of such arguments. § 29A.32.070(7)–(9).
    • Arguments and rebuttals are drafted by a committee. See id. 29A.32.060. The first two committee members are appointed by the Secretary of State and the presiding officers of the Senate and the House of Representatives, considering statutory guidance. See id. The initial two members may select up to four additional members. See id.
    • Arguments may contain graphs and charts supported by factual statistical data and pictures; however, cartoons or caricatures are not permitted. § 29A.32.060.
  • Full text of the measure. § 29A.32.070(10).
  • (If applicable) The total number of votes cast for and against the measure in the legislature, if passed by the legislature. § 29A.32.070(6).
  • (For initiatives and veto referendums) The measure’s fiscal impact statement, including both a summary of 100 words or less as well as a more detailed statement. Wash. Rev. Code §§ 29A.32.070(5), 29A.72.025.
    • The fiscal impact statement is prepared by the Office of Financial Management in consultation with the Secretary of State, the Attorney General, and any other appropriate state or local agency. § 29A.72.025.
    • The statement must describe any projected increase or decrease in revenues, costs, expenditures, or indebtedness that the state or local governments will experience if the measure is approved. § 29A.72.025. It may include both estimated dollar amounts as well as a description placing the estimated dollars into context; it may also include easily understood graphics. Id. § 29A.72.025.

The Secretary of State must distribute printed copies of the Voter Information Pamphlet to each household in the state, public libraries, as well as other locations they deem fit. See Wash. Rev. Code § 29A.32.010. The Secretary must also make the Voter Information Pamphlet available online. See id. Additionally, the Secretary of State is required to distribute, upon an individual’s request, taped or Braille transcripts of the Voter Information Pamphlet. See id.

JUDICIAL REVIEW

When and how can the court step in?

Washington statutes provide pathways for pre-election legal challenges to various materials—including ballot titles, Voter Information Pamphlets, and public investment impact disclosures.

Any person dissatisfied with a ballot title may challenge or “appeal” the title to the Superior Court of Thurston County. See Wash. Rev. Code §§ 29A.72.080 (providing for ballot title appeals with respect to initiatives and veto referendums; also allowing for appeals to challenge the summary appearing on the petition), 29A.36.060 (providing for ballot title appeals with respect to proposed constitutional amendments). With respect to an initiative or veto referendum, such appeal must be filed within five business days of the filing of the ballot title; for constitutional amendments, this limit is ten business days. See id. §§ 29A.72.080, 29A.36.060.The decision must be rendered expeditiously and is considered final. See id.

Washington statutes also allow any dissatisfied person to challenge the explanatory statements prepared by the Attorney General which appear as part of the Voter Information Pamphlet. See Wash. Rev. Code §§ 29A.32.040(3), 29A.32.070(3)–(4). Such an appeal must be filed in the Superior Court of Thurston County within five days of the filing of the explanatory statements. Id. § 29A.32.040(2)–(3). The decision of the Superior Court must be rendered within the timelines identified by the Secretary of State and is considered final. Id. § 29A.32.040(3).

Similarly, a public investment impact disclosure for an initiative or veto referendum may be appealed by any dissatisfied person: also, to the Superior Court of Thurston County. See Wash. Rev. Code § 29A.72.028. This appeal must be made within three business days of the disclosure being filed with the Secretary of State. See id. The Superior Court must render a decision within five days, which shall be a final decision. See id.

In addition to pre-election, statutory challenges before the Superior Court of Thurston County, Washington courts may also consider constitutional claims post-enactment. See, e.g., End Prison Indus. Complex v. King Cnty., 431 P.3d 998, 1005 (Wash. 2018). For statutory initiatives and veto referendums, this may include challenges based on Wash. Const. art. II, § 19, which requires that the subject of a bill must be expressed in its (ballot) title. See, e.g., Amalgamated Transit Union Loc. 587 v. State, 11 P.3d 762, 781 (Wash. 2000), as amended, opinion corrected, 27 P.3d 608 (Wash. 2001).

Sample case: Amalgamated Transit Union Loc. 587 v. State, 11 P.3d 762, 786–792 (Wash. 2000), as amended, opinion corrected, 27 P.3d 608 (Wash. 2001) (in the initiative context, finding the constitutional subject-in-title requirement is satisfied if the ballot title indicates the scope and purpose, but that it need not be an index to the measure’s contents; and holding the ballot title at issue failed to comply with this requirement, in that it used the word “tax,” which has a commonly understood meaning, despite the fact that the measure defined “tax” more broadly).