Referendum 101
What is a referendum?
A referendum allows citizens, through the petition process, to send bills or other measures passed by the Legislature to the ballot before they become law. The referendum also allows the Legislature itself to refer proposed legislation to voters for approval or rejection.
Who can propose a referendum?
Any registered voter, either acting individually or on behalf of an organization, may file a petition for a referendum.
When can a referendum be filed?
A referendum can be filed any time after the Legislature has passed the act that the sponsor wants referred to the statewide ballot.
What first happens to a referendum once it is filed?
Once it’s filed, the Secretary of State assigns a serial number and then sends it to the Attorney General, who then formulates the ballot title and summary. The AG has five working days to complete that.
What does the ballot title include?
The ballot consists of three parts:
1. A statement of the petition’s subject that is no more than 10 words, impartial in nature, and broad enough to reflect the measure’s subject.
2. A concise description of the measure that is no more than 30 words, impartial in nature, and phrased to clearly identify the proposition to be voted on.
3. A question that clearly defines the intent of the voter.
What are the ballot summary’s requirements?
It must be no more than 75 words and must be impartial in nature.
What happens after the AG sends the ballot title and summary to the Secretary of State?
Immediately after receiving the title and summary, the Secretary of State must notify the referendum sponsor by telephone and by mail of the ballot title’s wording.
Can someone challenge a referendum’s title or summary?
Yes. Anyone can challenge the title/summary in Thurston County Superior Court within five days of our receiving it from the AG. The RCW (RCW 29A.72.080) states that the challenge must be dealt with “in a timely matter”, but there is no absolute time period given. The decision of the court is final.
What happens after the referendum has received a title and summary and serial number?
The referendum sponsor can start printing petition sheets (at the sponsor’s own expense) and gather signatures. The full text of the measure must appear on the petition sheet.
How many signatures must be gathered for a referendum to qualify for the ballot?
The number of signatures must equal or exceed 4 percent of the total number of votes cast for the office of Governor at the last regular state gubernatorial election. Based on the 2008 governor’s race, a referendum measure this year needs 120,577 valid signatures. Since a certain percentage of signatures are usually invalid because of duplication and voters who aren’t registered, signature gatherers are encouraged to bring in enough petition sheets to give themselves a 25 percent “cushion.”
When do the referendum signature petition sheets have to be turned in to Secretary of State?
Signature petition sheets must be filed within 90 days after the last day of the legislative session in which the bill or measure in question was passed by the Legislature. The deadline this year is Saturday, July 25. Petitions must be filed by the close of business (5 p.m.) on the last business day in the specified period for submitting signatures. If a filing deadline falls on a Saturday, the Office of Secretary of State will be open on that Saturday from 8 a.m. to 5 p.m.
Are referendum measures reviewed by the Code Reviser?
No. They are immediately assigned a serial number and sent to the Attorney General.
Should a referendum sponsor give advance notice on when petition sheets will be brought to the Office of Secretary of State?
Yes. At least two or three days in advance is recommended. This will enable the Elections Division to have enough staff available to verify the number of petition sheets to be filed.
Additional petition sheets may be filed before the filing deadline, but the original filing must contain at least the minimum number of signatures. The Secretary of State may reject petitions clearly short of the minimum requirements.
How are petition signatures validated?
Petitions will be checked for duplicated signatures and for the signers’ status as legal Washington voters. Random sampling is used to project the proportion of invalid signatures on the referendum petitions. The petition is certified if the random sampling indicates that the number of valid signatures equals or exceeds the minimum required.
Both proponents and opponents of a measure may have up to two designated representatives present during the check of signatures. The Secretary of State can establish rules of conduct for these observers. Both parties have the right to appeal the Secretary of State’s final determination of the number of valid signatures.
What happens once a referendum’s signatures are validated?
A certification containing the measure’s serial number and title will be transmitted to each county for placement on the state General Election ballot.
What is the effective date of a referendum voted into law?
A referendum voted into law becomes effective 30 days after the election in which it was approved.
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A referendum allows citizens, through the petition process, to send bills or other measures passed by the Legislature to the ballot before they become law. The referendum also allows the Legislature itself to refer proposed legislation to voters for approval or rejection.
Who can propose a referendum?
Any registered voter, either acting individually or on behalf of an organization, may file a petition for a referendum.
When can a referendum be filed?
A referendum can be filed any time after the Legislature has passed the act that the sponsor wants referred to the statewide ballot.
What first happens to a referendum once it is filed?
Once it’s filed, the Secretary of State assigns a serial number and then sends it to the Attorney General, who then formulates the ballot title and summary. The AG has five working days to complete that.
What does the ballot title include?
The ballot consists of three parts:
1. A statement of the petition’s subject that is no more than 10 words, impartial in nature, and broad enough to reflect the measure’s subject.
2. A concise description of the measure that is no more than 30 words, impartial in nature, and phrased to clearly identify the proposition to be voted on.
3. A question that clearly defines the intent of the voter.
What are the ballot summary’s requirements?
It must be no more than 75 words and must be impartial in nature.
What happens after the AG sends the ballot title and summary to the Secretary of State?
Immediately after receiving the title and summary, the Secretary of State must notify the referendum sponsor by telephone and by mail of the ballot title’s wording.
Can someone challenge a referendum’s title or summary?
Yes. Anyone can challenge the title/summary in Thurston County Superior Court within five days of our receiving it from the AG. The RCW (RCW 29A.72.080) states that the challenge must be dealt with “in a timely matter”, but there is no absolute time period given. The decision of the court is final.
What happens after the referendum has received a title and summary and serial number?
The referendum sponsor can start printing petition sheets (at the sponsor’s own expense) and gather signatures. The full text of the measure must appear on the petition sheet.
How many signatures must be gathered for a referendum to qualify for the ballot?
The number of signatures must equal or exceed 4 percent of the total number of votes cast for the office of Governor at the last regular state gubernatorial election. Based on the 2008 governor’s race, a referendum measure this year needs 120,577 valid signatures. Since a certain percentage of signatures are usually invalid because of duplication and voters who aren’t registered, signature gatherers are encouraged to bring in enough petition sheets to give themselves a 25 percent “cushion.”
When do the referendum signature petition sheets have to be turned in to Secretary of State?
Signature petition sheets must be filed within 90 days after the last day of the legislative session in which the bill or measure in question was passed by the Legislature. The deadline this year is Saturday, July 25. Petitions must be filed by the close of business (5 p.m.) on the last business day in the specified period for submitting signatures. If a filing deadline falls on a Saturday, the Office of Secretary of State will be open on that Saturday from 8 a.m. to 5 p.m.
Are referendum measures reviewed by the Code Reviser?
No. They are immediately assigned a serial number and sent to the Attorney General.
Should a referendum sponsor give advance notice on when petition sheets will be brought to the Office of Secretary of State?
Yes. At least two or three days in advance is recommended. This will enable the Elections Division to have enough staff available to verify the number of petition sheets to be filed.
Additional petition sheets may be filed before the filing deadline, but the original filing must contain at least the minimum number of signatures. The Secretary of State may reject petitions clearly short of the minimum requirements.
How are petition signatures validated?
Petitions will be checked for duplicated signatures and for the signers’ status as legal Washington voters. Random sampling is used to project the proportion of invalid signatures on the referendum petitions. The petition is certified if the random sampling indicates that the number of valid signatures equals or exceeds the minimum required.
Both proponents and opponents of a measure may have up to two designated representatives present during the check of signatures. The Secretary of State can establish rules of conduct for these observers. Both parties have the right to appeal the Secretary of State’s final determination of the number of valid signatures.
What happens once a referendum’s signatures are validated?
A certification containing the measure’s serial number and title will be transmitted to each county for placement on the state General Election ballot.
What is the effective date of a referendum voted into law?
A referendum voted into law becomes effective 30 days after the election in which it was approved.
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Secretary of State
Steve Hobbs
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