Chapter 1.24
INITIATIVE AND REFERENDUM
Sections:
1.24.020 Initiative – Procedures.
1.24.030 Initiative – Alternative/vote.
1.24.040 Initiative – Limitations.
1.24.050 Initiative – Restriction on amending or repealing.
1.24.070 Failed initiative as a mini-initiative.
1.24.080 Referendum – Procedures.
1.24.100 Referendum – Limitations.
1.24.110 Referendum – Ordinance rendered ineffective pending vote.
1.24.130 Ballot titles and display.
1.24.140 Prosecuting attorney’s advisory memorandum.
1.24.010 Purpose.
The ordinance codified in this chapter is required by Section 5.70 of the County Charter and is adopted to carry out the provisions of Article 5 of the County Charter and to establish an orderly and predictable process for the exercise of the rights of initiative and referendum. (Ord. 25-2008 § 1)
1.24.020 Initiative – Procedures.
A. A San Juan County registered voter or group of voters may sponsor an initiative proposal by filing with the County auditor a proposal to enact a new ordinance or an amendment to an existing ordinance.
B. When a group of voters files an initiative proposal, one person shall be designated in the filing as “the sponsor.” The sponsor of a group of voters submitting an initiative proposal shall have the power to act on behalf of all other members of the group. A notice, service of lawsuit papers, or other communication concerning the initiative proposal may be delivered to the designated sponsor, and is considered to be a notice to the entire group of voters. Every initiative proposal shall include the name, street address, mailing address, telephone numbers, and e-mail address of the sponsor.
C. Within five working days of receiving the initiative proposal, the auditor shall confer with the sponsor to review the proposal as to form and style, shall register the initiative proposal by assigning it a number, which will thereafter be the identifying number for the measure, and shall transmit a copy of the initiative proposal to the prosecuting attorney.
D. Within 10 working days after receiving the initiative proposal, and after consulting with the sponsor, the prosecuting attorney shall formulate a concise statement, posed as a positive question, not to exceed 75 words, which shall express and give a true and impartial statement of the purpose of the measure. Such concise statement shall be the ballot title. At the time of consulting with the sponsor, the prosecuting attorney shall provide the sponsor with a copy of the currently published San Juan County Prosecuting Attorney Advisory Memorandum Regarding Initiative and Referendum.
E. Each initiative petition shall contain on its reverse side the full text of the proposed ordinance, clearly showing any portion of an ordinance to be amended, and on the front of the form the ballot title and a warning against unlawful signing of a petition, and shall include for each signatory a space for his or her printed name, street address, signature and date of signing, which shall be substantially in the form as shown in Attachment A (Form Initiative Petition)* attached to the ordinance codified in this chapter. All petitions shall be on white paper, legibly printed, and all signatures shall be executed in ink.
F. Prior to gathering signatures, the auditor shall approve the form of the initiative petition and shall provide a written notice informing the sponsor of the approval and the number of signatures required to validate the petition. Only those signatures submitted on forms that have been duly approved will be counted. Any signatures on a petition that has been altered shall be invalid and shall not count toward the number of signatures required to validate the petition. Altering a petition includes, but is not limited to, adding any unapproved language to the petition, whether typed or handwritten, crossing out, covering or obscuring any approved language on the petition, or underlining or highlighting any words or parts of the petition.
G. The sponsor has 120 days from the date of approval of the form of the petition to collect the signatures of registered voters in the County equal in number to at least 15 percent of the number of votes cast in the County in the last gubernatorial election. For purposes of satisfying this percentage, “the number of votes cast in the County in the last gubernatorial election” shall be the number of ballots lawfully cast in said election.
H. The sponsor may withdraw and another qualified voter may substitute as the sponsor.
I. The sponsor may withdraw the petition at any time prior to the certification of the signatures by the County auditor.
J. Upon timely submission of the signed petitions, the County auditor shall, with reasonable promptness, certify in writing to the sponsor, with a copy to the County council, the number of valid signatures submitted. If the signatures are valid and sufficient, the initiative proposal shall be submitted to the people at the next general election that is at least 120 days after the signed petition was delivered to the County auditor for certification. (Ord. 25-2008 § 2)
* Code reviser’s note: Attachment A to Ord. 25-2008 is on file in the office of the County council.
1.24.030 Initiative – Alternative/vote.
A. The County council may choose to adopt the initiative proposal without change or amendment before the printing of the ballots. If the County council adopts in a timely fashion the initiative proposal without change or amendment, the sponsor shall be so notified in writing and the proposal shall not be submitted to the people for a vote, and any ordinance so adopted shall not be amended or repealed by the County council within two years after adoption unless amended or repealed by a subsequent initiative or referendum.
B. If the County council does not adopt the initiative proposal but adopts a substitute proposal concerning the same subject matter, the County council’s substitute proposal shall be placed on the same ballot with the initiative proposal.
C. The voters shall vote to accept either proposal, without specifying which proposal, or to reject both proposals. The voters shall then vote to accept one proposal and to reject the other. If a majority of those voting vote to accept either proposal, then the proposal receiving the most votes shall be deemed approved. If a majority of those voting vote to reject both proposals, then neither proposal shall be approved, regardless of the vote on accepting one proposal and rejecting the other.
D. To implement this section, the ballot titles of both bills shall be printed on the official ballots so that a voter can choose separately by making one cross (X) or mark for each of two preferences: first, as between either measure and neither, and secondly, as between one and the other. Only if a majority of all votes cast favor either bill in the first proposition shall one of the bills so proposed be adopted. The measure adopted shall be the measure receiving the greater number of votes of the alternative measures. (Ord. 25-2008 § 3)
1.24.040 Initiative – Limitations.
A. An initiative proposal shall not contain more than one issue.
B. An initiative proposal shall not require the expenditure of additional funds for an existing activity or any funds for a new activity or purpose, unless provisions are specifically made therein for new or additional sources of revenue that may thereby be required.
C. An initiative proposal shall not have as its subject the redistricting of the legislative districts.
D. An initiative proposal shall not be put to the people for a vote where the subject of the initiative is not subject to the power of initiative as determined by the Constitution, statutes, or case law of the state of Washington. When a superior court has declared that the proposed initiative is not subject to the power of initiative, the County auditor shall not place the matter on the ballot unless a final ruling is made by an appellate court reversing the decision of the superior court, in which case the County auditor shall place the matter on the ballot at the next general election that is at least 120 days after said ruling.
E. Nothing in this section shall require or prevent the San Juan County council or any person with standing from seeking or waiving the right to seek a declaration from the courts about whether an initiative proposal is the proper subject of initiative either before or after the matter has been subject to a vote. (Ord. 25-2008 § 4)
1.24.050 Initiative – Restriction on amending or repealing.
No ordinance enacted by power of initiative shall be amended or repealed by the County council within two years after enactment. (Ord. 25-2008 § 5)
1.24.060 Mini-initiative.
A. A mini-initiative is a request to the County council to enact a local ordinance. A voter or group of voters may sponsor a mini-initiative proposal by filing with the County auditor a proposal to enact a new ordinance or an amendment to an existing ordinance.
B. When a group of voters files a mini-initiative proposal, one person shall be designated as “the sponsor.” The sponsor of a group of voters submitting a mini-initiative shall have the power to act on behalf of all other members of the group. A notice, service of lawsuit papers, or other communication concerning the mini-initiative proposal may be delivered to the designated sponsor, and is considered to be a notice to the entire group of voters. Every mini-initiative proposal shall include the name, street address, mailing address, telephone numbers, and e-mail address of the sponsor.
C. Within five working days of receiving the mini-initiative proposal, the auditor shall confer with the sponsor to review the proposal as to form and style, and shall register the mini-initiative proposal by assigning it a number, which will thereafter be the identifying number for the measure.
D. Each mini-initiative petition shall contain on the reverse side of the form the full text of the proposed ordinance, clearly showing any portion to be amended, and on the front of the form a warning against unlawful signing of a petition, and shall include for each signatory space for his or her printed name, street address, signature, and date of signing, which shall be substantially in the form as shown in Attachment B (Form Mini-Initiative Petition)* attached to the ordinance codified in this chapter. All petitions shall be on white paper, legibly printed, and all signatures shall be executed in ink.
E. Prior to gathering signatures, the auditor shall approve the form of the mini-initiative petition and shall inform the sponsor of the number of signatures required to validate the petition. Only those signatures submitted on forms that have been duly approved will be counted. Any signatures on a petition that has been altered shall be invalid and shall not count toward the number of signatures required to validate the petition. Altering a petition includes, but is not limited to, adding any unapproved language to the petition, whether typed or handwritten, crossing out, covering or obscuring any approved language on the petition, or underlining or highlighting any words or parts of the petition.
F. The sponsor must submit signatures of registered voters in the County equal in number to at least three percent of the number of votes cast in the County in the last gubernatorial election. For purposes of satisfying this percentage, “the number of votes cast in the County in the last gubernatorial election” shall be the number of ballots lawfully cast in said election.
G. The sponsor may withdraw and another qualified voter may substitute as the sponsor.
H. The sponsor may withdraw the petition for a mini-initiative at any time prior to the certification of the signatures by the County auditor.
I. Upon timely submission of the signed petitions, the auditor shall, with reasonable promptness, certify in writing to the sponsor the number of valid signatures submitted, and, if the signatures are sufficient, that the mini-initiative proposal shall be transmitted to the County council, which shall hold a public hearing on the proposed ordinance and adopt or reject the ordinance within 60 days.
J. A mini-initiative is subject to the same limitations as set forth above for initiatives. (Ord. 25-2008 § 6)
* Code reviser’s note: Attachment B to Ord. 25-2008 is on file in the office of the County council.
1.24.070 Failed initiative as a mini-initiative.
If the sponsor of an initiative proposal fails to obtain the required number of signatures within the designated time period, but has sufficient signatures to qualify the proposal as a mini-initiative, the proposal, at the request of the sponsor, shall be treated as a mini-initiative. The sponsor shall notify the County auditor in writing of his or her desire to treat the proposal as a mini-initiative within 10 days of receiving notice from the auditor that the number of signatures for the initiative proposal was insufficient to qualify the proposal for submission to the people at the next general election. (Ord. 25-2008 § 7)
1.24.080 Referendum – Procedures.
A. A voter or group of voters may sponsor a referendum proposal by filing with the County auditor a proposal to repeal any enacted ordinance, or portion thereof.
B. When a group of voters files a referendum proposal, one person shall be designated as “the sponsor.” The sponsor of a group of voters submitting a referendum shall have the power to act on behalf of all other members of the organization. A notice, service of lawsuit papers, or other communication concerning the initiative proposal may be delivered to the designated sponsor, and is considered to be a notice to the entire group of voters. Every referendum proposal shall include the name, street address, mailing address, telephone numbers, and e-mail address of the sponsor.
C. The referendum proposal shall be presented to the auditor within 45 days after the County council adopts the ordinance at issue.
D. Within five working days of receiving the referendum proposal, the auditor shall confer with the sponsor to review the proposal as to form and style, shall register the referendum proposal by assigning it a number, which will thereafter be the identifying number for the measure, and shall transmit a copy of the referendum proposal to the prosecuting attorney.
E. Within 10 days after receipt thereof, the prosecuting attorney shall, after consulting with the sponsor, determine whether the referendum seeks to repeal all or a portion of an ordinance and then formulate a concise statement, posed as a positive question, not to exceed 75 words, which shall express and give a true and impartial statement of the ordinance. Such concise statement shall be the ballot title. At the time of consulting with the sponsor, the prosecuting attorney shall provide the sponsor with a copy of the currently published San Juan County Prosecuting Attorney Advisory Memorandum Regarding Initiative and Referendum.
F. Each referendum petition shall contain on its reverse side the full text of the ordinance proposed to be repealed, whether in whole or in part, clearly showing the portion to be repealed, and on the front of the form the ballot title and a warning against unlawful signing of a petition, and shall include for each signatory space for his or her printed name, street address, signature and date of signing, which shall be substantially in the form as shown in Attachment C (Form Referendum Petition)* attached to the ordinance codified in this chapter. All petitions shall be on white paper, legibly printed, and all signatures shall be executed in ink.
G. Prior to gathering signatures, the auditor shall approve the form of the referendum petition and shall inform the sponsor of the number of signatures required to validate the petition. Only those signatures submitted on forms that have been duly approved will be counted. Any signatures on a petition that has been altered shall be invalid and not count toward the number of signatures required to validate the petition. Altering a petition includes, but is not limited to, adding any unapproved language to the petition, whether typed or handwritten, crossing out, covering or obscuring any approved language on the petition, or underlining or highlighting any words or parts of the petition.
H. The sponsor has 120 days from the date of approval of the form of the petition to collect the signatures of registered voters in the County equal in number to at least 15 percent of the number of votes cast in the County in the last gubernatorial election. For purposes of satisfying this percentage, “the number of votes cast in the County in the last gubernatorial election” shall be the number of ballots lawfully cast in said election.
I. The sponsor may withdraw and another qualified voter may substitute as the sponsor.
J. The sponsor may withdraw the petition at any time prior to the certification of the signatures by the County auditor.
K. Upon timely submission of the signed petitions, the auditor shall, with reasonable promptness, certify in writing to the sponsor the number of valid signatures submitted, and, if the signatures are sufficient, that the referendum proposal shall be submitted to the people at the next general election that is at least 120 days after the petition was delivered to the County auditor for certification. (Ord. 25-2008 § 8)
* Code reviser’s note: Attachment C to Ord. 25-2008 is on file in the office of the County council.
1.24.090 Referendum – Vote.
The County council may choose to adopt the referendum proposal without change or amendment before the printing of ballots. If the County council adopts in a timely fashion the referendum proposal without change or amendment, the sponsor shall be so notified in writing and the proposal shall not be submitted to the people for a vote. (Ord. 25-2008 § 9)
1.24.100 Referendum – Limitations.
A. A referendum shall not seek to repeal, in whole or in part, such ordinances as may be necessary for the immediate preservation of the public peace, health, or safety.
B. A referendum proposal shall not be put to the people for a vote where the subject of the referendum is not subject to the power of referendum as determined by the Constitution, statutes, or case law of the state of Washington. When a superior court has declared that the proposed referendum is not subject to the power of referendum, the County auditor shall not place the matter on the ballot unless a final ruling is made by an appellate court reversing the decision of the superior court, in which case the County auditor shall place the matter on the ballot at the next general election that is at least 120 days after said ruling.
C. Nothing in this section shall require or prevent the San Juan County council or any other person with standing from seeking or waiving the right to seek a declaration from the courts of whether a referendum proposal is the proper subject of referendum either before or after the matter has been subject to a vote. (Ord. 25-2008 § 10)
1.24.110 Referendum – Ordinance rendered ineffective pending vote.
Upon the auditor certifying that there are sufficient valid signatures on a referendum petition, the ordinance subject to the referendum shall be rendered ineffective pending the outcome of the referendum vote. Where a referendum petition seeks to repeal only part of an ordinance, only that part shall be rendered ineffective and the referendum petition shall not delay the remainder of the ordinance from taking effect. When a superior court has declared that a proposed referendum is not subject to the power of referendum, the ordinance shall be revived and effective unless the ruling is reversed on appeal. (Ord. 25-2008 § 11)
1.24.120 Numbering system.
When assigning numbers to initiatives, mini-initiatives, and referendums, the auditor shall use a separate sequential series for each category. Once a number has been assigned, it shall not be reassigned. (Ord. 25-2008 § 12)
1.24.130 Ballot titles and display.
A. The ballot title for an initiative to the people or a referendum measure consists of: (1) a statement of the subject of the measure; (2) a concise description of the measure; and (3) a question in the form prescribed in this section for the ballot measure in question. The statement of the subject of a measure must be sufficiently broad to reflect the subject of the measure, sufficiently precise to give notice of the measure’s subject matter, and not exceed 10 words. The concise description must contain no more than 75 words, be a true and impartial description of the measure’s essential contents, clearly identify the proposition to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the measure.
For an initiative to the people for which the County council has not proposed an alternative, the ballot title must be displayed on the ballot substantially as follows:
Initiative Measure No. ..... concerns (statement of subject). This measure would (concise description). Should this measure be enacted into law?
Yes ......................☐
No ........................☐
B. For an initiative to the people for which the County council has proposed an alternative, the ballot title must be displayed on the ballot substantially as follows:
Initiative Measure Nos. ..... and .....B concern (statement of subject).
Initiative Measure No. ..... would (concise description).
As an alternative, the legislature has proposed Initiative Measure No. .....B, which would (concise description).
1. Should either of these measures be enacted into law?
Yes .......................☐
No .........................☐
2. Regardless of whether you voted yes or no above, if one of these measures is enacted, which one should it be?
Measure No. .....................☐
Or
Measure No. .....B .....................☐
C. For a referendum measure on an ordinance County council has adopted, the ballot issue must be displayed on the ballot substantially as follows:
The San Juan County Council adopted Ordinance No. ..... concerning (statement of subject) and voters have filed a sufficient referendum petition on this bill. This ordinance would (concise description). Should this bill be:
Approved .....................☐
Rejected ......................☐
D. The prosecuting attorney shall specify the statement of subject and concise description for an initiative to the people and a referendum measure. The statement of subject and concise description as so provided must be included as part of the ballot title unless changed on appeal. (Ord. 25-2008 § 13)
1.24.140 Prosecuting attorney’s advisory memorandum.
A. The prosecuting attorney shall provide the County council by September 1, 2008, an advisory memorandum that will assist initiative sponsors and County officials to evaluate whether, under the Constitution, statutes and case law of the state of Washington, a proposed initiative or referendum is the proper subject of an initiative or referendum.
B. The prosecuting attorney shall once each year review and update the advisory memorandum to reflect current court decisions.
C. Nothing in this section shall require or prevent the prosecuting attorney, the County council, or any other elected official evaluating or taking a position as to whether a proposed initiative or referendum is the proper subject of initiative or referendum. Nothing in this section grants a private party the right to seek judicial relief requiring compliance with the provisions of this section.
D. Nothing in this section shall preclude a citizen, the County, or an elected official from requesting a pre-election or post-election declaratory judgment from a court and thereby invoking the court’s inherent power to rule on whether a referendum or initiative measure is beyond the scope of the power of initiative or referendum. (Ord. 25-2008 § 14)