| State of Washington Initiative
Measure No. 903
http://www.leg.wa.gov/pub/billinfo/2005-06/Htm/Initiatives/Initiative%20To%20The%20People/INITIATIVE%20903.htm
The text of this document
is an accurate copy of what
was filed by the initiative
proponent with the Secretary
of State for assignment of
a serial number. The certificate
of review filed with the Secretary
of State under RCW 29A.72.020
was not issued for the subject
matter of this document.
INITIATIVE 903
I, Sam Reed, Secretary of
State of the State of Washington
and custodian of its seal,
hereby certify that, according
to the records on file in
my office, the attached copy
of Initiative Measure No.
903 to the People is a true
and correct copy as it was
received by this office.
AN ACT Relating to protecting
the initiative and referendum
process; adding new sections
to chapter 29A.72 RCW.
BE IT ENACTED BY THE PEOPLE
OF THE STATE OF WASHINGTON:
POLICIES AND PURPOSES
NEW
SECTION. Sec.
1. The citizens'
initiative process must be
protected from the perpetual
efforts of politicians to
sabotage it. As guaranteed
by the Washington state constitution:
"The first power reserved
by the people is the initiative."
The right of the people to
petition and legislate through
the initiative and referendum
process is a fundamental right
protected by the Washington
state constitution. Laws and
regulations adopted regarding
the initiative and referendum
process shall be construed
to facilitate the initiative
and referendum process. In
any legal challenge, laws
or regulations regarding the
initiative or referendum process
shall be reviewed with a legal
standard of strict scrutiny
by the courts to ensure protection
of the citizens' rights to
the initiative and referendum
process. This measure would
prohibit laws that change
the initiative process from
taking effect until approved
by a majority of voters at
a general election, nullify
non-voter approved laws changing
the process adopted after
January 1, 2005, and provide
judicial review of legislation
subject to referendum. The
Legislature's ongoing assault
against the citizens' initiative
process, if successful, will
stop the citizens' right to
vote on conservative, liberal,
and nonpartisan measures in
the future. The Legislature's
reckless, arbitrary, and capricious
overuse of the emergency clause
by attaching it to non-emergency
legislation has seriously
impaired the citizens' right
to referendum. Citizens want
politicians to keep their
hands off the people's initiative.
The people find that the existing
checks and balances on the
citizens' initiative process
are more than adequate; the
number of signatures necessary
to quality for the ballot
is high and no proposed initiative
or referendum takes effect
without first being approved
by a majority of voters. The
people further find that state
and local government politicians
and bureaucrats are hostile
to the citizens' participation
in the political process by
initiative and referendum.
As such, any legislative change,
even one that may seem minor,
must be viewed with extreme
skepticism and must not take
effect until approved by a
majority of voters at a general
election.
Sec. 2. A new section is
added to chapter 29A.72 RCW
to read as follows:
Any law that changes the initiative
or referendum process shall
not take effect until approved
by a majority of voters at a
general election. (1)
For the purposes of this section,
"law that changes the
initiative or referendum process"
includes, but is not limited
to, any law by state or any
local government that:
(a) changes the percentage
of signatures necessary to
qualify for the ballot;
(b) changes the requirements
for petitions, including changing
petition size, requiring witnesses
or affidavits for signing
petitions, and changing the
quantity of signatures per
petition;
(c) changes the requirements
for petitioners, including
limiting participation based
on residency, age, and voter
status;
(d) changes the method of
payment to petitioners compensated
for their service;
(e) changes the procedure
for validating or invalidating
signatures;
(f) requires majority voter
approval within certain jurisdictions
affected by an initiative
in order for the initiative
to be valid; and
(g) changes the availability
or access to public and private
locations to allow petitioning.
(2) This section does not
affect any governmental law
or regulation required by
the Washington state constitution.
(3) This section applies
to the initiative process
and the referendum process
at the state and local level.
(4) This section shall be
self-executing. If any part
or parts of this section are
found to be in conflict with
federal law, the United States
Constitution, or the Washington
state Constitution, the section
shall be implemented to the
maximum extent that federal
law, the United States Constitution,
and the Washington state Constitution
permit. Any provision held
invalid shall be severable
from the remaining portions
of this section.
Sec. 3.
A new section is added to
chapter 29A.72 RCW to read
as follows:
Any law that changes the
initiative or referendum process
adopted after January 1, 2005
shall be null, void, and of
no effect unless approved
by a majority of voters at
a general election.
(1) For the purposes of
this section, "law that
changes the initiative or
referendum process" includes,
but is not limited to, any
law by state or any local
government that:
(a) changes the percentage
of signatures necessary to
qualify for the ballot;
(b) changes the requirements
for petitions, including changing
petition size, requiring witnesses
or affidavits for signing
petitions, and changing the
quantity of signatures per
petition;
(c) changes the requirements
for petitioners, including
limiting participation based
on residency, age, and voter
status;
(d) changes the method of
payment to petitioners compensated
for their service;
(e) changes the procedure
for validating or invalidating
signatures;
(f) requires majority voter
approval within certain jurisdictions
affected by an initiative
in order for the initiative
to be valid; and
(g) changes the availability
or access to public and private
locations to allow petitioning.
(2) This section does not
affect any governmental law
or regulation required by
the Washington state constitution.
(3) This section applies
to the initiative process
and the referendum process
at the state and local level.
(4) This section shall be
self-executing. If any part
or parts of this section are
found to be in conflict with
federal law, the United States
Constitution, or the Washington
state Constitution, the section
shall be implemented to the
maximum extent that federal
law, the United States Constitution,
and the Washington state Constitution
permit. Any provision held
invalid shall be severable
from the remaining portions
of this section.
Sec. 4. A new section
is added to chapter 29A.72
RCW to read as follows:
Any emergency clause attached
to legislation by the legislature
shall be subject to expedited
judicial challenge to ensure
compliance with the letter and
the spirit of the Washington
state Constitution, Article
2, section 1. (1)
As required by the Washington
state Constitution, an emergency
clause is defined as "laws
as may be necessary for the
immediate preservation of
the public peace, health,
or safety, support of the
state government and its existing
public institutions"
pursuant to the Washington
state Constitution, Article
2, section 1.
(2) The
legislature's use of emergency
clauses on legislation is
a restriction on the people's
fundamental right to referendum.
Such restrictions must serve
a compelling governmental
purpose and in any legal challenge,
the courts shall review emergency
clauses with a legal standard
of strict scrutiny of the
emergency clause to ensure
the protection of the rights
of citizens to the referendum
process. Absent specific findings
of fact by the legislature
demonstrating a compelling
governmental purpose for an
emergency clause on such legislation,
the clause is automatically
void without judicial inquiry
into the governmental purpose
and the people shall have
a right to referenda on such
legislation.
(3) Any person, after the
legislation is enacted or
after the effective date of
the legislation, may file
an appeal of an emergency
clause on the legislation
to the superior court of Thurston
county by petition setting
forth the legislation, and
their objections to the emergency
clause and requesting amendment
of the legislation to remove
the emergency clause by the
court. The court shall determine
whether the emergency clause
serves a compelling governmental
purpose and is therefore a
legitimate exercise of the
emergency power.
(4) A copy of the petition
on appeal together with a
notice that an appeal has
been taken shall be served
upon both houses of the legislature,
the code revisor, and upon
the attorney general. Upon
the filing of the petition
on appeal or at the time to
which the hearing may be adjourned
by consent of the appellant,
the court shall accord first
priority to examining the
legislation and emergency
clause, and the objections,
and may hear arguments, and
shall, within five days, render
its decision and file with
the code revisor a certified
copy of amended legislation.
The decision of the superior
court shall be final. Such
appeal shall be heard without
costs to either party. Appeals
pursuant to this section shall
include appeals on legislation
enacted after January 1, 2005.
(5) Consistent with this
section requiring laws to
be construed to facilitate
the initiative and referendum
process, if a referendum is
filed on legislation with
a contested emergency clause,
state officers and agencies
shall proceed with processing
the referendum pursuant to
RCW 29A.72 pending the outcome
of the emergency clause appeal.
NEW
SECTION. Sec.
5. The provisions
of this act are to be liberally
construed to effectuate the
intent, policies, and purposes
of this act. Laws and regulations
adopted regarding the initiative
and referendum process shall
be construed to facilitate the
initiative and referendum process.
In any legal challenge, laws
or regulations regarding the
initiative or referendum process
shall be reviewed with a legal
standard of strict scrutiny
by the courts. NEW
SECTION. Sec.
6. If any provision
of this act or its application
to any person or circumstance
is held invalid, the remainder
of the act or the application
of the provision to other
persons or circumstances is
not affected.
--- END --- |
