Chapter 1.16 INITIATIVE AND REFERENDUM POWERS

Ordinances of the city shall not go into effect before 30 days from the time of final passage by the city council and are subject to referendum during that period. This section shall not apply to ordinances exempted in DMMC 1.16.030. [Ord. 864 § 2, 1990.]

1.16.030 Ordinances not subject to referendum.

Ordinances of the city that shall not be subject to referendum and that shall become effective five days following their passage and legal publication are as follows:

(1) Ordinances initiated by petition;

(2) Ordinances necessary for immediate preservation of public peace, health, and safety or for the support of city government and its existing public institutions that contain a statement of urgency and are passed by unanimous vote of those on the council who are present;

(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 city employees;

(7) Ordinances authorizing or repealing the levy of taxes;

(8) Ordinances changing the zoning classification of real property; and

(9) Any ordinances exempted now or hereafter by state law from the referendum process. [Ord. 864 § 3, 1990.]

1.16.040 Corrupt practices – Penalties.

(1) No person shall:

(a) Sign or decline to sign an initiative or referendum petition for consideration or gratuity or promise thereof;

(b) Give or offer a consideration or gratuity to a person to induce the person to sign or not to sign or to vote for or against an initiative or referendum measure;

(c) Interfere with or attempt to interfere with the right of a registered voter to sign or not to sign an initiative or referendum petition or with the right to vote for or against an initiative or referendum measure by threats or intimidation or other corrupt means or practice; or

(d) Pay or receive compensation for soliciting signatures on an initiative or referendum petition if any of that compensation is based on the number of signatures collected in the course of or as a result of that solicitation.

(2) A violation of or failure to comply with this section is a class 1 civil infraction. [Ord. 1009 § 28, 1993: Ord. 864 § 4, 1990.]

ARTICLE II. INITIATIVE AND REFERENDUM PROCESS

1.16.050 Filing proposed measures with the city clerk.

If a registered voter of the city, either individually or on behalf of an organization, desires to petition to the city council to enact a proposed measure, or order that a referendum of any nonexempt ordinance passed by the city council be submitted to the people, that individual shall file with the city clerk a typewritten copy of the measure proposed, accompanied by: the name, mailing address, and telephone number of the proposer; an affidavit that the proposer is a registered voter of the city; and a filing fee of $25.00. [Ord. 864 § 5, 1990.]

1.16.060 Review of proposed measures – Procedure by the city clerk and city attorney.

Upon receipt of a proposed measure, and prior to giving a serial number thereto, the city clerk shall submit a copy thereof to the city attorney and give notice to the petitioner of such transmittal. Upon receipt of the measure, the city attorney may confer with the petitioner and shall within 10 working days from receipt thereof review the proposal for matters of form and style, and such matters of substantive import as may be agreeable to the petitioner, and shall recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate. The recommendations of the city attorney shall be advisory only, and the petitioner may accept or reject them in whole or in part. The city attorney shall issue a certificate of review certifying that he/she has reviewed the measure for form and style and that the recommendations thereon, if any, have been communicated to the petitioner, and such certificate shall note whether or not the petitioner accepts the recommendations of the city attorney. [Ord. 864 § 6, 1990.]

1.16.070 Assignment of serial number.

Within five working days after issuance of a certificate of review by the city attorney, the petitioner, if he/she desires to proceed with sponsorship of the measure, shall file the measure together with the certificate of review with the city clerk for assignment of a serial number. The city clerk shall refuse to assign a serial number to the measure unless it is accompanied by a certificate of review. The city clerk shall give a unique serial number to each measure. The city clerk shall use a separate numbering series for initiatives and referendums. The city clerk shall forthwith transmit a copy of the measure proposed, bearing such number, to each city councilmember, the city manager, and the city attorney. Thereafter a measure shall be known and be designated on all petitions, ballots, and proceedings as “Initiative Measure No. ____” or “Referendum Measure No. ___ .” [Ord. 864 § 7, 1990.]

1.16.080 Ballot title and summary – Formulation by city attorney.

(1) Within five working days after receipt of a measure bearing a serial number assigned by the city clerk, the city attorney shall formulate and transmit to the city clerk, a concise statement posed as a question (“ballot title”) and not to exceed 25 words, bearing the serial number of the measure and a summary of the measure, not to exceed 75 words, to follow the statement. The statement may be distinct from the legislative title of the measure and shall give a true and impartial statement of the purpose of the measure. Neither the statement nor the summary may intentionally be an argument, nor likely to create prejudice, either for or against the measure. The ballot title formulated by the city attorney shall be the ballot title of the measure unless changed by appeal.

(2) When practicable, the ballot title shall be phrased in language so that a “for” vote on the measure will clearly be a vote in favor of changing the then current law, and an “against” vote on the measure will clearly be a vote that would result in no change to the current law. [Ord. 864 § 8, 1990.]

1.16.090 Ballot title and summary – Notice.

Upon the filing of the ballot title and summary for an initiative or referendum petition in his/her office, the city clerk shall notify forthwith by telephone or by mail the person proposing the measure and any other individuals who have made written request for such notification of the exact language of the ballot title. [Ord. 864 § 9, 1990.]

1.16.100 Ballot title and summary – Appeal to superior court.

(1) If any registered voter of the city is dissatisfied with the ballot title or summary formulated by the city attorney, he or she may, within 10 days from the filing of the ballot title and summary with the city clerk, appeal to superior court by petition setting forth the measure, the title, and summary formulated by the city attorney, and his or her objections to the ballot title or summary, and requesting amendment of the title or summary by the court.

(2) A copy of the petition on appeal together with a notice that an appeal has been taken shall be served upon the city clerk, the city attorney, and upon the person proposing the measure if the appeal is initiated by someone other than that person. [Ord. 864 § 10, 1990.]

1.16.110 Ballot title and summary – Mailed to proponents and other persons – Appearance on petitions.

When the ballot title and summary are finally established, the city clerk shall file the instrument establishing it with the proposed measure and transmit a copy thereof by mail to the person proposing the measure and to any other individuals who have made written request for such notification. Thereafter such ballot title shall be the title of the measure in all petitions, ballots, and other proceedings in relation thereto. The summary shall appear on all petitions directly following the ballot title. [Ord. 864 § 11, 1990.]

1.16.120 Petitions – Paper – Size – Contents.

The person proposing the measure shall print blank petitions upon single sheets of paper of good writing quality not less than 8 1/2 inches in width and not less than 11 inches in length. Every signer to a petition shall add to his/her signature the place of residence giving street and number. The signatures need not all be appended to one paper, but one 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 thereon made are true as he believes. Petitions shall be in the form required by DMMC 1.16.130 or 1.16.140, and shall have a full, true, and correct copy of the proposed measure referred to therein attached to the petition. [Ord. 864 § 12, 1990.]

1.16.130 Initiative petitions – Form.

Petitions for proposing measures for submission to the city council shall be substantially in the following form:

(Here insert the established ballot title of the measure.)

(Here insert the established summary of the measure.)

WARNING

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

Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name of the signer, the date of the signing, and the address of the signer.

INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF DES MOINES, WASHINGTON

To the City Clerk of the City of Des Moines, Washington:

We, the undersigned registered voters of the City of Des Moines, Washington, respectfully direct that this petition and the proposed measure known as Initiative Measure No. ___ and entitled (here insert the established ballot title of the measure), a full, true, and correct copy of which is attached to this petition, be transmitted to the City Council of the City of Des Moines, Washington and we respectfully petition the City Council to enact said proposed measure into law; furthermore, if the City Council fails to enact this measure that it be submitted to a vote of the people at a regular or special election to be held on a date and in the manner required by the Revised Code of Washington; and each of us for himself or herself says: I have personally signed this petition; I am legal voter of the City of Des Moines, Washington, my residence address is correctly stated, and I have knowingly signed this petition only once.

Petitioner’s Petitioner’s Residence

Signature Printed Name Address Date

1. _______________________________

2. _______________________________

3. _______________________________

etc.

I certify or declare under penalty of perjury under the laws of the State of Washington that the foregoing petition contains ____ signatures, that I am one of the signers, 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 I believe.

______________ _________

Date and Place Signature

[Ord. 864 § 13, 1990.]

1.16.140 Referendum petitions – Form.

Petitions for ordering that ordinances passed by the city council be referred to the people at the next ensuing general election, or special election ordered by the city council, shall be substantially in the following form:

(Here insert the established ballot title of the measure.)

(Here insert the established summary of the measure.)

WARNING

Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name of the signer, the date of the signing, and the address of the signer.

PETITION FOR REFERENDUM

To the City Clerk of the City of Des Moines, Washington:

We, the undersigned registered voters of the City of Des Moines, Washington, respectfully order and direct that Referendum Measure No. ___ and entitled (here insert the established ballot title of the measure), being an ordinance passed by the Des Moines City Council, a full, true, and correct copy of which is attached to this petition, shall be referred to a vote of the people pursuant to state law for their approval or rejection at a regular or special election to be held on a date and in the manner required by the Revised Code of Washington; and each of us of himself or herself says: I have personally signed this petition; I am legal voter of the City of Des Moines, Washington, my residence address is correctly stated, and I have knowingly signed this petition only once.

Petitioner’s Petitioner’s Residence

Signature Printed Name Address Date

1. _______________________________

2. _______________________________

3. _______________________________

etc.

I certify or declare under penalty of perjury under the laws of the State of Washington that the foregoing petition contains ___ signatures, that I am one of the signers, 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 I believe.

______________ _________

Date and Place Signature

[Ord. 864 § 14, 1990.]

1.16.150 Petitions – Signatures – Number necessary.

When the person proposing any initiative or referendum measure has secured upon such petition the number of signatures of valid registered voters equal to not less than 15 percent of the number of persons listed as registered voters within the city on the day of the last preceding city general election, he/she may submit the petition to the city clerk for filing. [Ord. 864 § 15, 1990.]

1.16.160 Time for filing petitions.

(1) Initiative petitions containing the required signatures must be filed with the city clerk within 180 days from the date of issuance of the initiative ballot title and summary 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 shall not be considered by the city council as an initiative petition.

(2) Referendum petitions containing the required signatures must be filed with the city clerk within 30 days from the passage of a nonexempt ordinance by the council, petitioning the council to reconsider a nonexempt ordinance which is subject to referendum, or to submit the same to a vote of the people. If the petitioner fails to file such petition within the prescribed time limit, it shall have no validity and the petition shall not be considered by the city council as a referendum petition. [Ord. 864 § 16, 1990.]

1.16.170 Petitions – Terminal date – Signature withdrawal.

(1) The date the city clerk begins to certify a petition shall be referred to as the terminal date. Additional pages of one or more signatures may be added to the petition by filing the same with the city clerk prior to such terminal date. No signatures shall be accepted or withdrawn after such terminal date; provided, if the signatures are found by the city clerk to be insufficient, the petition may be amended in that respect within 10 days from the date of the certificate. Within 10 days after submission of the amended petition the city clerk shall make an examination thereof and append his/her certificate thereto in the manner provided for in DMMC 1.16.180.

(2) Any signer of a filed petition may withdraw his or her 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. 864 § 17, 1990.]

1.16.180 Petitions – Checking by city clerk.

(1) Within 10 days from the filing of a petition submitting a proposed ordinance or calling for a referendum, the city clerk shall ascertain 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, and the city council shall allow the city clerk extra help for the purpose, if necessary.

(2) The term “signer” shall mean any person who signs his/her own name to a petition.

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

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

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

(6)(a) On an initiative petition, signatures followed by a date of signing which is more than 180 days prior to the date of filing of the petition shall be stricken.

(b) On a referendum petition, signatures followed by a date of signing which is more than 30 days prior to the date of filing of the petition shall be stricken. [Ord. 864 § 18, 1990.]

1.16.190 Petitions – Acceptance or rejection by the city clerk.

(1) The city clerk shall refuse to file any initiative petition being submitted upon any of the following grounds:

(a) That the petition is not in the form required by DMMC 1.16.130 or 1.16.140;

(b) That the petition clearly bears insufficient signatures;

(d) That the initiative petition proposes an action which is not subject to the initiative process as determined by written legal opinion of the city attorney.

(2) In case of such refusal, the city clerk shall endorse on the petition the expression “submitted and refused,” the reason for the refusal, and the date, and shall retain the petition pending appeal.

(3) If none of the grounds for refusal exists, the city clerk shall accept and file the petition. [Ord. 864 § 19, 1990.]

1.16.200 Petition – Review of refusal to accept and file.

(1) If the city clerk refuses to file a petition when submitted to him/her for filing, the person submitting it for filing may apply to superior court for a citation requiring the city clerk to bring the petition before the court, and for a writ of mandamus to compel him/her to file it. Any such action must be filed in superior court within 10 days following such refusal.

(2) If the court issues the citation, and determines that the petition is legal in form and apparently contains the requisite number of signatures and was submitted for filing within the time prescribed by state law, it shall issue its mandate requiring the city clerk to file it in his/her office as of the date of submission for filing. [Ord. 864 § 20, 1990.]

1.16.210 Petition – Destruction on final refusal.

If no appeal is taken from the refusal of the city clerk to file a petition within the time prescribed, or if an appeal is taken and the city clerk is not required to file the petition by the mandate of the superior court, the city clerk may destroy it. [Ord. 864 § 21, 1990.]

1.16.220 Initiative petition – Council action.

If the petition accompanying the proposed ordinance contains the required signatures, 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 20 days after the city clerk’s certificate that the number of signatures on the petition are sufficient; or

(2) Within 20 days 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 30 nor more than 60 days thereafter, for submission of the proposed ordinance without alteration, to a vote of the people unless a general election will occur within 90 days, in which event submission must be made at the general election. [Ord. 864 § 22, 1990.]

1.16.230 Referendum petition – Council action – Filing suspends ordinance.

(1) Upon the filing of a referendum petition, which contains the required number of signatures, and which is filed within 30 days of the passage of such ordinance, petitioning therein that such ordinance be submitted to the electorate, the city council shall either:

(a) Enact an ordinance repealing the subject ordinance in its entirety within 20 days after the city clerk’s certificate that the number of signatures on the petition are sufficient; or

(b) Within 20 days 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 30 nor more than 60 days thereafter, for submission of the proposed ordinance without alteration, to a vote of the people unless a general election will occur within 90 days, in which event submission must be made at the general election.

(2) The operation of an ordinance so protested against shall be suspended until: (a) the referendum petition is finally found insufficient or untimely; or (b) the legislative action so referred is approved by the voters at a referendum election. [Ord. 864 § 23, 1990.]

1.16.240 Petition – Appeal to superior court if city council fails to act.

Following receipt of a valid petition, if the city council refuses either to pass an initiative ordinance, to order an election thereon, or to refer an ordinance to a vote of the people, any taxpayer within the city may commence an action in superior court against the city for the purpose of requiring an election to be held in the city for the purpose of voting upon the proposed ordinance. Any such action must be filed within 60 days of the date the city council should have taken the appropriate action. [Ord. 864 § 24, 1990.]

1.16.250 Substitute for rejected initiative.

If the city council, having rejected a measure submitted to it by initiative petition, proposes a different measure dealing with the same subject, the city clerk shall give that measure the same number as that borne by the initiative measure followed by the letter “B.” Such measure so designated as “Alternative Measure No. ___ B,” together with a ballot title, when determined, shall be placed on the ballot along with the initiative measure. [Ord. 864 § 25, 1990.]

1.16.260 Substitute for rejected initiative – Ballot title.

For a measure designated by him/her as “Alternative Measure No. ___ B,” the city clerk shall obtain from the city attorney a ballot title in the manner provided for obtaining ballot titles for initiative measures. The ballot title therefor shall be different from the ballot title of the measure in lieu of which it is proposed, and shall indicate, as clearly as possible, the essential differences in the measure. [Ord. 864 § 26, 1990.]

1.16.270 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 special election for that purpose during any one six-month period. [Ord. 864 § 27, 1990.]

1.16.280 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 in the official newspaper of the city not less than five nor more than 20 days before the election. This publication shall be in addition to the notice required in chapter 29.27 RCW. [Ord. 864 § 28, 1990.]

1.16.290 Form of ballot.

Except in the case of alternative voting on a measure initiated by petition, for which a substitute has been passed by the city council, each measure submitted to the people for approval or rejection shall be so printed on the ballot, under the proper heading, that a voter can, by making one choice, express his/her approval or rejection of such measure. Substantially the following form shall be a compliance with this section:

INITIATIVE (REFERENDUM) MEASURE NO. ________

(Here insert the ballot title of the measure.)

FOR THE ORDINANCE. [ ]

AGAINST THE ORDINANCE [ ]

[Ord. 864 § 29, 1990.]

1.16.300 Form of ballot for alternative measures.

If an initiative measure proposed to the city council has been rejected by the city council and an alternative measure is passed by the city council in lieu thereof, the serial numbers and ballot titles of both such measures shall be so printed on the official ballots that a voter can express separately by making one selection for each of two preferences: First, as between either measure and neither, and secondly, as between one and the other. Substantially the following form shall be a compliance with this section:

INITIATED BY PETITION AND ALTERNATIVE BY CITY COUNCIL

Initiative Measure No. ___, entitled (here insert the ballot title of the measure.)

Alternative Measure No. ___ B, entitled (here insert the ballot title of the alternative measure.)

VOTE FOR EITHER, OR

AGAINST BOTH

FOR EITHER Initiative No. ___ OR Alternative No. ___ B [ ]

AGAINST BOTH Initiative No. ___ AND Alternative No. ___ B [ ]

and vote FOR one.

FOR Initiative Measure No. _ [ ]

FOR Initiative Measure No. _ B [ ]

[Ord. 864 § 30, 1990.]

1.16.310 Initiative – Effective date – Record.

If a majority of the number of votes cast thereon favor the proposed ordinance, it shall become effective immediately upon certification of the election results and shall be made a part of the record of ordinances of the city. The city clerk shall write on the margin of the record thereof “Ordinance by Initiative Measure No. ____.” [Ord. 864 § 31, 1990.]

1.16.320 Referendum – 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 upon certification of the election results. The city clerk shall write upon the margin of the record of the ordinance “Repealed by Referendum Measure No. __.” [Ord. 864 § 32, 1990.]

1.16.330 Initiative – Repeal or amendment – Method.

(1) An ordinance initiated by petition cannot be repealed or amended except by a vote of the people while the powers of initiative and referendum exist for registered voters of the city.

(2) 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.

(3) 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. 864 § 33, 1990.]

1.16.340 Initiative – 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 Initiative Measure No. __.” [Ord. 864 § 34, 1990.]

1.16.350 User’s guide.

There shall be available in the office of the city clerk a written user’s guide to assist citizens in exercising their rights under this chapter. This user’s guide shall be prepared by the city attorney, and shall contain, without limitation:

(1) A written legal opinion as to the subjects which are appropriate and inappropriate for the initiative process and the types of ordinances which are subject to the referendum process; and

(2) Blank petition forms for both initiative and referendum; and

(3) A step-by-step written guide or flow chart which will enable the citizen to understand and monitor the initiative and referendum processes. [Ord. 864 § 35, 1990.]

ARTICLE III. RESTRICTION OR ABANDONMENT OF INITIATIVE AND REFERENDUM

1.16.360 Restriction on or abandonment of powers.

(1) 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 registered voters in number equal to not less than 10 percent of the votes cast at the last general municipal election. The sufficiency of the petition for restriction or abandonment shall be determined by the city clerk and certified as to sufficiency.

(2) The proposal for the restriction of the initiative and/or referendum powers and/or the proposal for abandonment of such powers shall be voted upon at a special election to be called for that purpose pursuant to DMMC 1.16.220(2) 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 in DMMC 1.16.080. [Ord. 864 § 36, 1990.]

1.16.370 Ordinance restricting or abandoning powers – After election.

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. 864 § 37, 1990.]

For statutory provisions relating to the powers of initiative and referendum, see RCW 35A.11.080 – 35A.11.100.