Chapter 1.03
INITIATIVE AND REFERENDUM*

Sections:

1.03.010    Intent.

1.03.020    Ordinances not subject to initiative and referendum.

1.03.030    Initiative petitions.

1.03.040    Initiative procedure by city clerk and city attorney.

1.03.050    Initiative statement.

1.03.060    Time for filing initiative petition.

1.03.070    Initiative petition requirements.

1.03.080    Form of petitions for ordinances referred to the voters.

1.03.090    Process of determining sufficiency.

1.03.100    Withdrawal of signature.

1.03.110    Valid signatures.

1.03.120    Variations of signatures.

1.03.130    Stricken signatures.

1.03.140    Stale signatures.

1.03.150    Restriction on or abandonment of powers.

1.03.160    Initiative – Checking petition by clerk.

1.03.170    Same – City council action.

1.03.180    Same – Appeal to court.

1.03.190    Same – Conduct of election.

1.03.200    Same – Notice of election.

1.03.210    Same – Ballots.

1.03.220    Same – Ballot title.

1.03.230    Effective date – Record.

1.03.240    Same – Ordinance repeal or amendment.

1.03.250    Same – Ordinance repeal or amendment method.

1.03.260    Same – Ordinance repeal or amendment – Record.

1.03.270    Referendum – Petitions.

1.03.280    Same – Petition statement.

1.03.290    Same – Filing petition suspends ordinance.

1.03.300    Same – Initiative provisions applied to referendum process.

1.03.310    Same – Effective date, record.

*State law reference(s) – Initiative and referendum, RCW 35A.11.080 et seq.; to be exercised pursuant to RCW 35.17.240 et seq., RCW 35A.11.100.

1.03.010 Intent.

It is the intent of the city council to adopt, pursuant to RCW Title 35A, the powers of initiative and referendum for the qualified electors of the city. If an initiative measure is properly presented to the city council, the city council hereby declares its intention to reserve the authority to also submit a different measure dealing with the same subject as the initiative to the qualified electors for approval or rejection at the same election.

(Ord. No. 2848, § 1(1.14.010), 6-6-89)

1.03.020 Ordinances not subject to initiative and referendum.

Any and all ordinances hereafter passed and adopted by the city shall not go into effect prior to thirty (30) days from the time of final passage and shall be subject to referendum during the interim except the following ordinances:

1. Ordinances initiated by petition;

2. Ordinances necessary for the immediate preservation of public peace, health, and safety or for the support of city government and its existing public institutions which contain a statement of urgency and are passed by unanimous vote of the city council;

3. Ordinances providing for local improvement districts;

4. Ordinances appropriating money;

5. Ordinances providing for or approving collective bargaining;

6. Ordinances providing for the compensation of or working conditions of a city employee;

7. Ordinances authorizing or repealing the levy of taxes;

8. Any ordinance exempted now or hereafter by state law from initiative and referendum processes.

All such excepted ordinances shall go into effect as provided by the general law or applicable sections of RCW Title 35A as now or hereafter amended.

(Ord. No. 2848, § 1(1.14.020), 6-6-89)

State law reference(s) – Similar provisions, RCW 35A.11.090.

1.03.030 Initiative petitions.

Ordinances may be initiated by petitions of electors of the city. If any individual or group of individuals desire to petition the city council to enact a proposed measure, the individual or group shall file in the office of the city clerk five (5) printed or typewritten copies of the measure proposed, accompanied by the name, post office and residence address of the proposer.

(Ord. No. 2848, § 1(1.14.030), 6-6-89)

1.03.040 Initiative procedure by city clerk and city attorney.

Upon filing of the proposed initiative measure, the city clerk shall assign a number to each such initiative petition and transmit one (1) copy of the measure proposed, bearing such number, to the city council, the mayor, and the city attorney. Within fourteen (14) days after the receipt of an initiative measure, the city attorney shall formulate therefor and transmit to the city clerk, the city council, the mayor and the individual or group proposing such a measure, an initiative statement in the form of a question containing the essential features of the measure.

(Ord. No. 2848, § 1(1.14.040), 6-6-89)

State law reference(s) – Preparation by city attorney, RCW 29.27.060.

1.03.050 Initiative statement.

An initiative statement shall be phrased in language so that a “yes” vote will clearly be a vote in favor of the action or condition that would result from the approval of the measure, and a “no” vote will clearly be a vote in opposition to such action or condition. The statement may be distinct from the petitioner’s title of the measure and shall express and give a true and impartial statement of the purpose of the measure. It shall not be intentionally an argument, nor likely to create prejudice, either for or against the measure.

(Ord. No. 2848, § 1(1.14.050), 6-6-89)

State law reference(s) – Requirements, RCW 29.27.06.

1.03.060 Time for filing initiative petition.

Initiative petitions containing the required signatures of the registered voters of the city as provided in RCW 35A.11.100, now or as hereinafter amended, must be filed with the city clerk within ninety (90) days from the date of issuance of the initiative statement by the city attorney. If the petitioner fails to file such petition within the prescribed time limit, it shall have no validity and the petition will not be considered by the city council as an initiative petition.

(Ord. No. 2848, § 1(1.14.060), 6-6-89)

State law reference(s) – Time for filing petition, RCW 35A.29.170.

1.03.070 Initiative petition requirements.

Every signer to a petition submitting a proposed ordinance to the city council shall add to his signature, the signer’s printed name and place of residence giving street and number. The signatures need not all be appended to one (1) paper, but one (1) of the signers on each paper must attach thereto an affidavit stating the number of signatures thereon, that each signature thereon is a genuine signature of the person whose name it purports to be and that the statements therein made are true as he believes.

(Ord. No. 2848, § 1(1.14.070), 6-6-89)

State law reference(s) – Similar provision, RCW 35.17.260.

1.03.080 Form of petitions for ordinances referred to the voters.

The form and sufficiency of the petition shall be as follows:

1. A petition may include any page or group of pages containing a statement prepared by the city attorney along with the initiative number and shall contain the following essential elements when applicable:

a. The text or prayer of the petition shall be a concise statement of the action or relief sought by petitioners.

b. A copy of the ordinance to be referred to the electorate.

c. Numbered lines for signatures with space provided beside each signature for the printed name of the signor, the address of the signor, and the date of signing.

d. The warning statement prescribed in subsection (2) of this section.

2. Petitions shall be printed or typed on single sheets of white paper of good quality and each sheet of petition paper having a space thereon for signatures shall contain the text or prayer of the petition and the following warning:

WARNING

Any person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor.

3. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name of the signor, the date of the signing, and the address of the signor as follows:

    

Petitioner’s Signature	Petitioner's Printed Name	Residence Address
_______	_______	_______
_______	_______	_______
_______	_______	_______
_______	_______	_______

4. The term “signor” means any person who signs his own name to the petition.

5. To be sufficient a petition must contain valid signatures of qualified electors in number equal to not less than fifteen (15) percent of the names of persons listed as registered voters within the city on the day of the last preceding city general election or the number that may be otherwise provided by state law.

(Ord. No. 2848, § 1(1.14.080), 6-6-89)

State law reference(s) – Number, RCW 29.79.020, 35.17.340; procedure, RCW 35.17.280, 35A.01.040.

1.03.090 Process of determining sufficiency.

Within three (3) working days after the filing of a petition, the city clerk shall begin the process of making a determination of sufficiency with reasonable promptness and shall file a certificate stating the date upon which such determination was begun, which date shall be referred to as the terminal date. Additional pages of one (1) or more signatures may be added to the petition by filing the additional pages with the city clerk prior to such terminal date. No signatures shall be accepted or withdrawn after such terminal date.

(Ord. No. 2848, § 1(1.14.090), 6-6-89)

State law reference(s) – Similar provisions, RCW 35.17.280.

1.03.100 Withdrawal of signature.

Any signor of a filed petition may withdraw his signature by a written request for withdrawal filed with the city clerk prior to such terminal date. Such written request shall so sufficiently describe the petition as to make identification of the person and the petition certain. The name of any person seeking to withdraw shall be signed exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date, the signature of any person seeking such withdrawal shall be deemed withdrawn.

(Ord. No. 2848, § 1(1.14.100), 6-6-89)

1.03.110 Valid signatures.

Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved.

(Ord. No. 2848, § 1(1.14.110), 6-6-89)

1.03.120 Variations of signatures.

Variations on petitions between the signatures on the petition and that on the voter’s permanent registration caused by the substitution of initials instead of first or middle names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same.

(Ord. No. 2848, § 1(1.14.120), 6-6-89)

1.03.130 Stricken signatures.

Signatures, including the original, of any person who has signed a petition two (2) or more times shall be stricken.

(Ord. No. 2848, § 1(1.14.130), 6-6-89)

1.03.140 Stale signatures.

Signatures followed by a date of signing which is more than six (6) months prior to the date of filing of the petition or prior to the publication date of the ordinance from which this chapter derives shall be stricken.

(Ord. No. 2848, § 1(1.14.140), 6-6-89)

1.03.150 Restriction on or abandonment of powers.

A. The exercise of such initiative and referendum powers may be restricted or abandoned upon passage of a resolution by the city council or by the filing of a sufficient petition with the city clerk signed by qualified electors in number equal to not less than ten (10) percent of the votes cast at the last general municipal election or as otherwise provided by state law. The sufficiency of the petition for restriction or abandonment shall be determined by the city clerk and certified as to sufficiency.

B. The proposal for restriction of the initiative and/or referendum powers and/or the proposal for abandonment of such powers shall be voted upon at the next general municipal election if one is to be held within one hundred eighty (180) days from the date of filing of the petition, or at a special election to be called for that purpose not less than ninety (90) days nor more than one hundred eighty (180) days after the passage of the resolution or the certification of sufficiency of the petition. The ballot title and statement of proposition shall be prepared by the city attorney as provided for initiative ballots in this chapter.

C. If a majority of votes cast at the election favor restriction or abandonment, such powers of initiative or referendum shall be deemed so restricted or abandoned.

(Ord. No. 2848, § 1(1.14.310, 1.14.320), 6-6-89)

State law reference(s) – Procedure required for abandonment, RCW 35A.06.030 et seq., 35A.11.080.

1.03.160 Initiative – Checking petition by clerk.

Within ten (10) days from the terminal date of filing of a petition submitting a proposed ordinance, the city clerk shall ascertain or cause to be ascertained and append to the petition a certificate stating whether or not it is signed by a sufficient number of registered voters, using the registration records and returns of the preceding municipal election for sources of information.

(Ord. No. 2848, § 1(1.14.150), 6-6-89)

State law reference(s) – Similar provisions, RCW 35.17.280.

1.03.170 Same – City council action.

If the petition accompanying the proposed ordinance is signed by the registered voters in the city as required by state law, and if it contains a request that, unless passed by the city council, the ordinance be submitted to a vote of the people, the city council shall either:

1. Pass the proposed ordinance without alteration within twenty (20) days after the city clerk’s certificate that the number of signatures on the petition are sufficient; or

2. After the city clerk’s certificate of sufficiency is attached to the petition, cause to be called a special election to be held not less than thirty (30) nor more than sixty (60) days thereafter, for submission of the proposed ordinance without alteration, to a vote of the people unless a general election will occur within ninety (90) days, in which event submission must be made at that general election.

(Ord. No. 2848, § 1(1.14.160), 6-6-89)

State law reference(s) – Similar provisions, RCW 35.17.260.

1.03.180 Same – Appeal to court.

If a court finds the petition insufficient or if the city council refuses either to pass an initiative ordinance or order an election thereon, any taxpayer within the city may commence an action in the superior court against the city for the purpose of requiring an election to be held in the city for purposes of voting upon the proposed ordinance if the court finds the petition to be sufficient.

(Ord. No. 2848, § 1(1.14.170), 6-6-89)

State law reference(s) – Similar provision, RCW 35.17.290.

1.03.190 Same – Conduct of election.

Publication of notice, the election, the canvass of the returns and declaration of the results, shall be conducted in all respects as are other city elections. Any number of proposed ordinances may be voted on at the same election, but there shall not be more than one (1) special election for that purpose during any six (6) month period.

(Ord. No. 2848, § 1(1.14.180), 6-6-89)

State law reference(s) – Similar provision, RCW 35.17.300.

1.03.200 Same – Notice of election.

The city clerk shall cause any ordinance or proposition required to be submitted to the voters at an election to be published once in each of the daily newspapers in the city, not less than five (5) nor more than twenty (20) days before the election. This publication shall be in addition to the notice required in Chapter 29.27 RCW.

(Ord. No. 2848, § 1(1.14.190), 6-6-89)

State law reference(s) – Similar provision, RCW 35.17.310.

1.03.210 Same – Ballots.

The ballots used for voting upon a proposed ordinance shall be similar to those used at a general municipal election and shall contain the words “for the ordinance” (stating the nature of the proposed ordinance) and “against the ordinance” (stating the nature of the proposed ordinance).

(Ord. No. 2848, § 1(1.14.200), 6-6-89)

State law reference(s) – Similar provision, RCW 35.17.320.

1.03.220 Same – Ballot title.

When any initiative petition is found to be sufficient by the city clerk and the proposal or question is to be submitted to the voters the question or proposal shall be advertised as provided for nominees for office for code cities, and in such cases there shall also be printed on the ballot a concise statement not exceeding one hundred (100) words containing the essential features thereof expressed in such a manner as to clearly identify the proposition to be voted upon, which statement shall be prepared by the city attorney. In addition to such a statement, the city attorney preparing the statement shall also prepare a caption, not to exceed ten (10) words in length, to permit the voters readily to identify the proposition and distinguish it from other propositions on the ballot. This caption shall be placed on the ballot immediately before the statement, and shall be printed in heavy black type in such a manner as to be readable at a glance. The caption and statement together shall constitute the ballot title.

(Ord. No. 2848, § 1(1.14.210), 6-6-89)

1.03.230 Effective date – Record.

If a majority of the number of votes cast thereon favor the proposed ordinance, it shall become effective immediately and shall be made a part of the record of ordinances of the city.

(Ord. No. 2848, § 1(1.14.220), 6-6-89)

State law reference(s) – Similar provision, RCW 35.17.330.

1.03.240 Same – Ordinance repeal or amendment.

Upon the adoption of an ordinance initiated by petition, the city clerk shall write in the margin of the record thereof “ordinance by petition No. ________,” or “ordinance by vote of the people,” and it cannot be repealed or amended except by a vote of the people.

(Ord. No. 2848, § 1(1.14.230), 6-6-89)

State law reference(s) – Similar provision, RCW 35.17.340.

1.03.250 Same – Ordinance repeal or amendment method.

A. The city council may by means of an ordinance submit a proposition for the repeal or amendment of an ordinance initiated by petition, by submitting it to a vote of the people at any general election and if a majority of the votes cast upon the proposition favor it, the ordinance shall be repealed or amended accordingly.

B. A proposition of repeal or amendment must be published before the election thereon as is an ordinance initiated by petition when submitted to election.

(Ord. No. 2848, § 1(1.14.240), 6-6-89)

State law reference(s) – Similar provision, RCW 35.17.350.

1.03.260 Same – Ordinance repeal or amendment – Record.

Upon the adoption of a proposition to repeal or amend an ordinance initiated by petition, the city clerk shall write upon the margin of the record of the ordinance “repealed (or amended) by ordinance No. ________,” or “repealed (or amended) by vote of the people.”

(Ord. No. 2848, § 1(1.14.250), 6-6-89)

State law reference(s) – Similar provision, RCW 35.17.360.

1.03.270 Referendum – Petitions.

A petition may be filed with the city clerk within thirty (30) days from the passage of a general ordinance by the city council, petitioning the city council to reconsider an ordinance which is subject to referendum or to submit same to a vote of the people.

(Ord. No. 2848, § 1(1.14.260), 6-6-89)

State law reference(s) – Similar provision, RCW 35.17.230.

1.03.280 Same – Petition statement.

A referendum statement on a petition shall be phrased in the following language:

“Should Kent City Ordinance No. ________ relating to ________, enacted by the Kent City Council on ________ be repealed in its entirety? Your signature on this petition indicates your vote in favor of repeal of the attached ordinance in its entirety.”

A copy of the ordinance to such referendum petition shall be attached to each referendum petition for the information of the parties requested to sign such petition.

(Ord. No. 2848, § 1(1.14.270), 6-6-89)

1.03.290 Same – Filing petition suspends ordinance.

Upon the filing of a referendum petition, which must contain valid signatures of fifteen (15) percent of the total number of names of persons listed as registered voters within the city on the date of the last preceding city general election or as otherwise provided by state law, within thirty (30) days of the passage of an ordinance petitioning therein that such ordinance be submitted to the electorate, the city council shall reconsider an ordinance subject to referendum and upon reconsideration shall defeat it in its entirety or shall submit it to a vote of the people. The operation of an ordinance so protested against shall be suspended until the referendum petition is finally found insufficient or until the ordinance protested against has received a majority of the votes cast thereon at the election.

(Ord. No. 2848, § 1(1.14.280), 6-6-89)

State law reference(s) – Similar provision, RCW 35.17.240.

1.03.300 Same – Initiative provisions applied to referendum process.

All provisions applicable to the form of the petition and sufficiency of signatures required for an initiative petition as set forth in this chapter, and to the submission to the vote of the people as set forth in this chapter, shall apply to a referendum petition and to the ordinances sought to be defeated thereby.

(Ord. No. 2848, § 1(1.14.290), 6-6-89)

State law reference(s) – Similar provision, RCW 35.11.250.

1.03.310 Same – Effective date, record.

If a majority of the number of votes cast thereon oppose the ordinance subject to the referendum, such ordinance shall be deemed repealed immediately.

(Ord. No. 2848, § 1(1.14.300), 6-6-89)