Chapter 2.02
Initiative and Referendum

Sections:

2.02.010 Findings and Purpose.

2.02.020 In General.

2.02.030 Optional Preliminary Filing of Initiative Measure.

2.02.040 Optional Council Action on Preliminary Initiative Measure.

2.02.050 Optional Review of Preliminary Measure by City Attorney.

2.02.060 Form of Initiative Petition.

2.02.070 Filing of Initiative Petition.

2.02.080 Council Action on City Clerk’s Report on Initiative Petition.

2.02.090 Validation of Signatures.

2.02.100 Council Action on Validated Initiative Petition.

2.02.110 Publicity.

2.02.120 Special Referendum Procedures.

2.02.130 Commencement of Referendum.

2.02.140 Form of Referendum Petition.

2.02.150 Filing of Referendum Petition.

2.02.160 Council Action on Referendum Petition.

2.02.170 Council Action on Validated Referendum Petition.

2.02.180 Public Funding of Litigation.

2.02.010 Findings and Purpose.

A.  The citizens of the City of Spokane have reserved the right to directly legislate through the use of initiative and referendum as provided in the Charter of the City of Spokane.

B.  The purpose of this chapter is to establish procedures for the exercise of the right of initiative and referendum consistent with the Charter of the City of Spokane.

C.  It is intended that this chapter will establish within the City of Spokane a uniform system for the exercise of the reserved right of initiative and referendum.

[Ord. C29432; Passed: 12/11/1989]

Cross Reference: Charter art. 9; RCW chs. 29.01, 29.79.

2.02.020 In General.

A legal resident of the City of Spokane or a political committee as defined in RCW 42.17.020(24) may petition the city council, under the authority of the Spokane City Charter, article IX, section 82, to ordain a proposed measure, either an ordinance or a Charter amendment.

[Ord. C29432; Passed: 12/11/1989]

Cross Reference: RCW ch. 29.79.

2.02.030 Optional Preliminary Filing of Initiative Measure.

A.  In order to facilitate the processing of a proposed initiative measure, a petitioner may file a preliminary version of the proposed measure with the city clerk.

B.  The proposed measure must contain the mailing address of the petitioner and telephone number of the petitioner or petitioner’s representative.

C.  The city clerk must immediately transmit a copy of the proposed measure to the city attorney.

D.  Within two weeks after receiving the measure the city attorney prepares, after consultation with the petitioner(s), a ballot title* and summary of the measure and files them with the city clerk.

1.   The ballot title is a concise statement posed as a question, not to exceed seventy-five words, bearing the number of the measure, giving a true and impartial statement of the purpose of the measure. When practicable, the question posed by the ballot title is written in such way that an affirmative answer to the question and an affirmative vote on the measure would result in a change in the law.

2.   The summary of the measure should be a clear and concise statement not to exceed one hundred fifty words.

3.   Neither the ballot title nor the summary of the measure is intentionally an argument or likely to create prejudice for or against the measure.

E.  Upon receipt of the ballot title and summary from the city attorney, the city clerk assigns a number by which the measure is identified. The city clerk affixes the ballot title and summary to the original of the proposed measure, inscribes the identifying number upon it and retains it in the official file.

F.  The city clerk must immediately furnish a copy of the proposed measure with its ballot title and summary to the sponsor and prepare a report to the city council for the next agenda. The city council sets a date for hearing. The hearing is held one week hence unless circumstances dictate otherwise.

[Ord. C29432; Passed: 12/11/1989]

Cross Reference: Charter § 21; WAC 1-12-130

* RCW 29.79.040, in the chapter on Initiative and Referendum, provides for a twenty-word ballot title. So does RCW 29.27.060 with respect to state measures, but specifies seventy-five words for county or municipal questions.

2.02.040 Optional Council Action on Preliminary Initiative Measure.

At the hearing the city council may decide to:

A.  pass the measure as proposed or submit the initiative measure to the voters on its own motion;

B.  provide for legal review of the procedural and substantive validity of the proposed measure by the city attorney, if requested by the sponsor; or

C.  approve a ballot title and summary of the measure.

[Ord. C29432; Passed: 12/11/1989]

Cross Reference: SMC 2.02.180.

2.02.050 Optional Review of Preliminary Measure by City Attorney.

A.  If directed by the city council, the city attorney reviews the proposed measure for such matters as form and style, appropriate subject matter and legal validity and effect.

B.  The city attorney may edit the measure as necessary to correct obvious typographical errors, conform the language to Spokane Municipal Code format and style, or eliminate ambiguity. Any such editorial revisions are made on a separate sheet from the measure as submitted and clearly identified. The city attorney sends a copy of any editorial revisions to the sponsor and the city clerk.

C.  Within ten calendar days the city attorney files a written report of review with the city clerk and the city council expression a formal opinion as to the legal validity and effect of the measure being proposed and at the same time provides a copy of the report of review to the filer of the proposed measure.

D.  If the report of review suggests significant changes in the text of the proposed measure, the city attorney may prepare an alternate version of the ballot title and summary of the measure to be used in the event the sponsor elects to modify the proposal in accordance with the city attorney’s report.

[Ord. C29432; Passed: 12/11/1989]

Cross Reference: RCW 29.79.015.

2.02.060 Form of Initiative Petition.

A.  It is the obligation of the sponsor of the measure to print petitions for circulation of the proposed initiative measure. The sponsor is responsible to conform the petition to the requirements of this chapter as to form and content, to determine the number of signatures required, and to print enough petition sheets to accommodate sufficient signatures.

B.  The paper used for the petition sheets must be of sufficient weight and quality to accommodate printing and writing on both sides. Paper size should be between eight and twelve inches wide and between eleven and eighteen inches long. Printing should be no smaller than ten-point face, except that the text of the measure may be in smaller type if necessary to allow the entire petition to be on a single sheet of paper. For reasons of length of text or other practical necessity, the specifications of this section may be adjusted as the sponsor and city clerk may agree.

C.  The measure must be typed or printed and be in the form of an ordinance, with a title and the entire text of the section(s) proposed to be added, amended, or repealed. When the proposed measure would amend existing law, the text shall be in the following format:

1.   Language to be deleted is set forth in full and enclosed in double parentheses or brackets and may be lined out by hyphens;

2.   New language to be added is underlined, unless an entire new section or subsection is being added; and

3.   Deletions of existing language precede additions of new language.

D.  The mandatory elements of the petition sheet are:

1.   a warning to potential signers regarding possible election law violations,

2.   a heading,

3.   horizontal lines for the entry of data under four vertical columns (or four boxes),

4.   the full text of the measure, and

5.   the name and address of the sponsor (political committee or individual).

E.  If the procedures specified in SMC 2.02.030 through 2.02.050 have been used, then additional mandatory elements of the petition sheet are:

1.   the number of the measure,

2.   the ballot title, and

3.   the summary of the measure.

F.  The warning, heading, number (if any), body of the petition containing the ballot title (if any), and signature lines must appear in that order on the front of each petition sheet. The other elements may be located on the front or the back of the petition sheet as the sponsor determines.

G.  Each sheet of the petition must be in substantially the following form:

WARNING

Under Washington State law every person who signs an initiative or referendum petition with any other than his or her true name, knowingly signs more than once, or signs when he or she is not a legal voter; or who makes any false statement on such petition may be punished by fine or imprisonment or both.

INITIATIVE PETITION TO THE SPOKANE CITY COUNCIL

[INITIATIVE NO. ___________ ]

We, the undersigned citizens and legal voters of the City of Spokane, Washington, respectfully direct that this proposed ordinance [known as Initiative No. ___________ ], a full, true and correct copy of which is printed herein, be passed without alteration by the Spokane City Council, or be submitted to the electors of the City of Spokane for their approval or rejection at the next available special or general municipal elections. [If submitted to election the proposed ordinance shall appear as the following proposition:

(ballot title)]

Each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the City of Spokane; my residence address is correctly stated; and I have knowingly signed this petition only once.

PETITIONER’S SIGNATURE as on voter registration

PRINTED NAME

RESIDENCE ADDRESS (street number)

CHECK IF REGISTERED ADDRESS IS DIFFERENT

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________ (etc.)

[(summary of measure)]

(full text of measure)

[Ord. C29432 § 6; Passed: 12/11/1989]

Cross Reference: RCW 29.79.080, 29.79.090.

2.02.070 Filing of Initiative Petition.

A.  The sponsor of the initiative measure must file or cause to be filed with the city clerk the sheets of the petition no later than ninety* calendar days prior to the date of the next general or special election.

B.  The city clerk must immediately file a copy of the proposed measure with the city attorney.

C.  The city clerk must immediately tally the signatures on the petition submitted to determine if it appears to bear the requisite number of signatures** of registered voters of the City of Spokane as required by the Charter.

D.  At the next meeting the city clerk makes a report to the city council on the petition and the preliminary tally of signatures, stating what percentage of the votes cast at the last preceding general municipal election the tallied signatures represent. The city clerk also files with the council members a sample sheet of the petition.

E.  The sponsor of the initiative measure may submit additional petitions until a sufficient number of signatures have been validated to place the measure on the ballot; however, if the additional petitions are submitted later than ninety calendar days prior to the next election, the measure, if otherwise valid, will be placed on the ballot at the next appropriate election.

[Ord. C29432; Passed: 12/11/1989]

* Any deadline for filing the petition is an estimate because the number of steps and the time required for each step can vary from case-to-case and are not within the city’s control. This timeframe does not attempt to take into account legal proceedings. A person may not rely on the estimate contained in SMC 2.02.070. A person contemplating an initiative petition should take guidance from the following timetable which may be more typical if no litigation intervenes:

Day 1 Petition sheets filed.

Day 8 Signatures tallied and report to council prepared. Pursuant to SMC 2.01.020 the agenda for a city council meeting is prepared the preceding Wednesday so the agenda deadline is the end of business Tuesday. If in this example Day 1 were a Tuesday and the filing were done in the late afternoon, the preliminary tally and preparation of the report to the city council would likely have to wait until the following week. This day will be the same day (sixteen weeks prior to the election) whether the filing occurs on Tuesday or any of the three following business days. If filing occurs on a Monday, this day may be Day 2, in which case the following steps move up one week.

Day 14 City council sets hearing if tally reveals probably sufficient signatures.

Day 21 City council hearing on initiative. Number of decisions made as described in SMC 2.02.080.

Day 22 Earliest day petitions can be delivered to county auditor for validation.

Day 43 Allowing three weeks for validation of signatures (if the city council so directed on Day 21), this is agenda day.

Day 49 Council meeting following signature validation. Possible actions include fixing date of hearing for adoption of ballot title and directing preparation of alternative measure.

Day 63 First reading of alternative measure. Two weeks may be required to take the actions directed in the previous step. If the contemplated election is the general election, the steps described under Day 49 are likely to occur on the Tuesday after Labor Day in which event there is not sufficient time to prepare the documents.

Day 70 Last regular meeting day to comply with statutory requirement to file resolution at least forty-five days prior to election. Actions include second reading of initiative petition, second reading of alternative measure and adoption of election resolution containing ballot title. (SMC 2.02.100)

Day 74 Last day to call election. The forty-fifth day specified by RCW 29.13.020 is always a Saturday, so the resolution must be filed at least forty-six days prior to the election. The action described for Day 70 could be deferred to Friday morning (Day 74) but that would require the call of a special meeting of the city council.

Day 120 Election day. Forty-six days after Day 74.

** SMC 2.02.070, 2.02.080, 2.02.150 and 2.02.160 leave undefined what number of signatures is “sufficient.” The charter, and sometimes a statute, specifies the required percentages to make particular petitions sufficient. But at the point in the process when these sections use the term, the signatures have not been verified. A petition bearing fewer signatures than required would be obviously insufficient. But a petition with slightly more than the minimum number might very well prove insufficient as well because, typically, some signatures are invalidated. This chapter does not prescribe any percentage above the minimum number as an assumed margin of error. Cf., e.g., RCW 29.79.200.

2.02.080 Council Action on City Clerk’s Report on Initiative Petition.

A.  If the number of signatures on the petition as reported by the city clerk is sufficient,* the city council sets a date for hearing on the matter of the petition. The hearing is held one week hence unless circumstances dictate otherwise.

B.  At the hearing on the petition the city council determines whether:

1.   to grant the petition and pass the measure as requested;

2.   to accept the petition but decline to pass the measure as requested and direct the city clerk to validate the signatures;

3.   to propose an alternative measure; or

4.   in its opinion, the petition is legally invalid.

C.  Unless the city council determines by five votes to reject the petition as legally invalid, the proposed ordinance is given first reading.

D.  If the council, as provided in subsection (C) of this section, determines to place the petition on file because of its legal invalidity, and if litigation to challenge that determination is commenced, then the city clerk shall proceed to validate the petition signatures to the end that the litigation not delay the validation process.

[Ord. C29432; Passed: 12/11/1989]

Cross Reference: Charter § 82; for appeal procedure, see SMC 2.02.180.

* SMC 2.02.070, 2.02.080, 2.02.150 and 2.02.160 leave undefined what number of signatures is “sufficient.” The charter, and sometimes a statute, specifies the required percentages to make particular petitions sufficient. But at the point in the process when these sections use the term, the signatures have not been verified. A petition bearing fewer signatures than required would be obviously insufficient. But a petition with slightly more than the minimum number might very well prove insufficient as well because, typically, some signatures are invalidated. This chapter does not prescribe any percentage above the minimum number as an assumed margin of error. Cf., e.g., RCW 29.79.200.

2.02.090 Validation of Signatures.

A.  If directed by the city council, the city clerk without delay makes arrangements with the county auditor, as ex-officio supervisor of elections, to gain access to the voter registration rolls to determine if the petition bears the minimum number of valid signatures of registered voters of the City of Spokane as required by City Charter.

B.  For the purpose of determining the validity of the signatures on the petition, the city clerk employs the following criteria:

1.   If the surname and signature are the same, a signature is passed even if the signature varies from the official record because of the substitution or omission of an initial or because of the interchange of a given and married first name.

2.   If the address given on the petition does not agree with the official registration record but is within the city limits, if, consistent with the regulations of the superintendent of registrations and elections, the signer can be considered a registered voter, the signature is passed.

3.   If a name is signed more than once, only one signature is passed.

C.  The city clerk immediately tallies the number of signatures as revealed by the process of validation. At the next meeting the city clerk makes a report to the city council concerning the number of validated signatures so tallied and what percentage that number is of the votes cast at the last preceding general municipal election.

[Ord. C29432; Passed: 12/11/1989]

Cross Reference: RCW 29.07.010, 29.79.200, 29.79.440, 29.82.170, 35.17.270, 35.18.240, 35A.01.040.

2.02.100 Council Action on Validated Initiative Petition.

A.  At the hearing on the validated initiative petition the initiative ordinance is given final reading.

B.  Unless a motion is made and passed to grant the petition and pass the measure as requested in the initiative petition, the city council adopts a resolution to place the measure on the ballot at the next available election.

C.  If a preliminary version of the proposed initiative measure was not previously filed with the city clerk, as permitted by SMC 2.02.030, then the city council adopts a ballot title as provided in SMC 2.02.040(C).

D.  Unlike a referendum petition, the mere filing of which operates to suspend the referred ordinance, as provided in Charter section 83, the filing of an initiative petition has no legal effect unless, and until, the measure is passed by the city council or by a majority of the City electors.

[Ord. C29432; Passed: 12/11/1989]

Cross Reference: For appeal procedure see SMC 2.02.180.

2.02.110 Publicity.

A.  If the city council votes to grant an initiative petition and enact the proposed ordinance, the ordinance is published in the Official Gazette upon passage in the ordinary course. If the city council determines an initiative petition is, in its opinion, legally invalid, the decision to place the petition on file is reported in a newspaper of general circulation.

B.  In case the measure would amend the Charter or adopt a new or revised Charter, then, in addition, the measure is published in the newspaper having the largest general circulation within the city once each week for four weeks next preceding the day of the election.

C.  In addition to the summary of the proceedings of the city council which appears weekly in the Official Gazette, Washington law requires that notices of municipal elections be given by the county auditor.

[Ord. C29432; Passed: 12/11/1989]

Cross Reference: Charter § 17; Const. Amend. 40; RCW 29.27.080, 35.22.170.

2.02.120 Special Referendum Procedures.

A.  The provisions of this chapter apply to both the initiative and the referendum, except to the extent that the following SMC 2.02.120 through 2.02.170 make special provisions for the referendum.

B.  Because the referendum petition must be circulated and filed before the ordinance takes effect, no procedures for preliminary filing or review by the city attorney are required.

[Ord. C29432; Passed: 12/11/1989]

Cross Reference: Charter § 83.

2.02.130 Commencement of Referendum.

A legal resident or political committee begins the referendum process by requesting from the city clerk the assignment of a referendum number and identifying the ordinance, or section(s) thereof, sought to be referred. If the clerk is satisfied that the person is entitled to sponsor the petition and if the ordinance has not yet taken effect, then the clerk assigns the measure a number and furnishes to the sponsor a copy of the ordinance.

[Ord. C29432; Passed: 12/11/1989]

2.02.140 Form of Referendum Petition.

A.  The elements of a referendum petition are the same as for an initiative petition as set forth in SMC 2.02.060:

1.   except that there need not be a ballot title; and

2.   except that the full text of the measure is the full text sheet that accompanied the ordinance when it passed the city council.

B.  Each sheet of the referendum petition must be in substantially the following form:

WARNING

Under Washington State law, every person who signs an initiative or referendum petition with other than his or her true name, knowingly signs more than once, or signs when he or she is not a legal voter or who makes any false statement on such petition may be punished by fine or imprisonment or both.

REFERENDUM PETITION TO THE SPOKANE CITY COUNCIL

REFERENDUM NO. ____________

We, the undersigned citizens and legal voters of the City of Spokane, Washington, respectfully direct that (the entirety) (designated sections) of Ordinance No. _________, passed by the City Council on _______________________, 19____, and entitled

(title of ordinance)

a concise summary of which is printed herein, be repealed, or be submitted to the electors of the City of Spokane for their approval or rejection at the next municipal election. I understand that should this petition be sufficient and timely filed, the ordinance, or designated section(s) thereof, will be suspended from taking effect until approved by the voters.

Each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the City of Spokane; my residence address is correctly stated; and I have knowingly signed this petition only once.

PETITIONER’S SIGNATURE as on voter registration

PRINTED NAME

RESIDENCE ADDRESS (street number)

CHECK IF REGISTERED ADDRESS IS DIFFERENT

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

(etc.)

[full text of measure (optional)]

[Ord. C29432 § 14; Passed: 12/11/1989]

Cross Reference: RCW 29.79.110.

2.02.150 Filing of Referendum Petition.

A.  The sponsor must, before the ordinance sought to be referred takes effect, file with the city clerk a petition bearing the signatures of registered voters in number at least equal to ten percent of the total number of votes cast at the last preceding general municipal election.

B.  The city clerk must immediately transmit a page of the petition to the city attorney and tally the signatures on the petition to determine if it appears to bear the requisite number of signatures.* At the next meeting the clerk must make a report to the city council concerning the number of signatures so tallied and what percentage that number is of the votes cast at the last preceding general municipal election.

C.  As soon as practical, but no later than ten calendar days after the filing of the petition, the city attorney files a report of review expressing a formal opinion whether the petition is legally valid.

[Ord. C29432; Passed: 12/11/1989]

* SMC 2.02.070, 2.02.080, 2.02.150 and 2.02.160 leave undefined what number of signatures is “sufficient.” The charter, and sometimes a statute, specifies the required percentages to make particular petitions sufficient. But at the point in the process when these sections use the term, the signatures have not been verified. A petition bearing fewer signatures than required would be obviously insufficient. But a petition with slightly more than the minimum number might very well prove insufficient as well because, typically, some signatures are invalidated. This chapter does not prescribe any percentage above the minimum number as an assumed margin of error. Cf., e.g., RCW 29.79.200.

2.02.160 Council Action on Referendum Petition.

A.  If the petition has sufficient signatures* and has been filed before the subject ordinance has taken effect, the city council sets a date for hearing on the matter of the petition. The hearing is held within two weeks following filing of the report by the city clerk, unless circumstances dictate otherwise.

B.  Upon the hearing the city council determines whether:

1.   to approve the petition and repeal the ordinance;

2.   to accept the petition but decline to repeal the ordinance or parts thereof and direct the city clerk to validate the signatures on the petition in accordance with the procedures set forth in SMC 2.02.090; or

3.   in its opinion, the petition is legally invalid.

C.  If the city council, as provided in subsection (B)(3) of this section, determines by five votes to place the petition on file, and if litigation to challenge that determination is commenced, then the city clerk shall proceed to validate the petition signatures to the end that the litigation not delay the validation process.

[Ord. C29432; Passed: 12/11/1989]

Cross Reference: SMC 2.02.180.

* SMC 2.02.070, 2.02.080, 2.02.150 and 2.02.160 leave undefined what number of signatures is “sufficient.” The charter, and sometimes a statute, specifies the required percentages to make particular petitions sufficient. But at the point in the process when these sections use the term, the signatures have not been verified. A petition bearing fewer signatures than required would be obviously insufficient. But a petition with slightly more than the minimum number might very well prove insufficient as well because, typically, some signatures are invalidated. This chapter does not prescribe any percentage above the minimum number as an assumed margin of error. Cf., e.g., RCW 29.79.200.

2.02.170 Council Action on Validated Referendum Petition.

A.  Following validation of the signatures on the referendum petition, the city clerk must immediately tally the number of signatures and make a report to the city council at the next available meeting.

B.  At the hearing on the validated referendum petition the city council determines whether:

1.   to grant the petition and repeal the ordinance as requested, or

2.   the referendum measure should go to the electors either;

a.   at the next municipal election (the September primary or November general election in odd-numbered years); or

b.   at some earlier special election called as provided in RCW 29.13.020.

[Ord. C29432; Passed: 12/11/1989]

2.02.180 Public Funding of Litigation.

A.  Disputes may arise between proponents of a measure and the city council. Because of the nature and subject matter of the potential disputes, they may not be amenable to resolution other than by order of a court of competent jurisdiction.

B.  The City of Spokane has no power to confer, deny, or alter the jurisdiction of the Superior Court of the State of Washington or of the United States District Court, or to specify procedures for the commencement of actions.

C.  In recognition that a petitioner, having a cause of action against the city council or against whom the City must institute legal proceedings, may be unable to pay the costs of suit, the city council will provide up to two thousand dollars per petition to advance litigation costs on behalf of a petitioner in connection with:

1.   the approval of a ballot title or summary of the measure, as provided in SMC 2.02.040 or 2.02.100, and/or

2.   the rejection of a petition on the ground of invalidity, as provided in SMC 2.02.080 or 2.02.160.

[Ord. C29432; Passed: 12/11/1989]