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Home My WebLink About2010 - Whatcom Transportation Authority Sales & Use Tax April 27,2010-FailedWT-Ak SA LDS 4 ttSE . Ballot Measure Submitted Checklist == A�to front of folder op Ballot Measure Submitted: Date completed Initial T4 Submitted by: << <' Contact Phone #: NIA Email Address: Check signed by Commissioners Date Stamps Submittal, Makes copy for filer If Document Calling for an election is included in the submittal; have Auditor or Deputy Auditor si n Prepares Ballot Measure Receipt & gives to original filer Routed to Elections Coordinator for Number Assignment Routed to Pros Atty (county & districts only) Signed & Returned by Pros Atty (county & dist only) p Routes Folder to Deputy Auditor Reviewed by Auditor Copy sent to District Office after Ballot approval Publish Notice of Closing Registration (40 days prior to election) t lip Ballot Layout Prepared Publish Official Notice of Election in Newspaper (6 days prior to election) Afte ection jS rrCopy of Canvass Report sent to submitter of ballot issue [� Obtain Receipt from Treasurer & Assessor of results ID If school issue, send copy of canvass report to Supt of ` A/A Public Instruction (form SPI M-466) i CZ 12 7006 0810 0000 8991 8052 k $Z {A � ■ ■ {■ CDSR» °kCOO I7o y� o"o;k} jg§222 R2ag§L : §9990 m ag.o , 'o CL -oa , � 9D F 8 0,6 P x kC f§� \� , ® CL I E f E_ A§ �g 1\ °/ -1 `S0 ❑O k7 � �� § WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS of the Special Election held Tuesday, April 27, 2010, in Whatcom County, Washington, for the purpose of submitting to the qualified electors of the County a proposition to authorize the Whatcom Transportation Authority to impose an additional two -tenths of one percent sales and use tax. CERTIFICATION OF CANVASSING BOARD STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) THIS IS TO CERTIFY that we, as the Whatcom County Canvassing Board, have completed the canvass of votes as it pertains to the Special Election held in Whatcom County, Washington, on the 27th day of April 2010 and the results are as follows: I Whatcorn Transportation Authority I Proposition No. 1 Whatcom Transportation Authority Shall public transportation services in Whatcom County be maintained and improved by authorizing the Whatcom Transportation Authority to impose an additional two - tenths of one percent (0.2%) sales and use tax effective October 1, 2010? YES 4M y NO 4M y WHATCOM COUNTY RESULTS: YES — 25,583 49.07% NO — 26,521 50.86% Proposition FAILED 50.86% The canvass has been completed this 12 th day of May 2010. WHATCOM COUNTY CANVASSING BOARD Whatcom Cou �"o y Auditor j: -dd—unty Legislative AutMrity oF Counry ftejrosecuting Attorney '(0 Page 2 n� --�� J �� : �� f � �-�.� ��- �,�- �_ MAIL BALLOT CERTIFICATION FORM Instructions: Print this form. Add the month of the election & type of election (special, primary, or general) at the top of the form. Complete the remainder of the form certifying that your ballots were mailed according to RCW 29A.40.070 or if your ballots were delayed, enter the date they were mailed and a brief description of the cause of the delay. r , 2010 c° Election Initial Mailing of Absentee and Mail Ballots 17 I hereby certify that all mail ballots were available at least 20 days before the election, and all complete requests received 19 days before the election, including ongoing absentee voters and mail ballots, were mailed at least 18 days before the date of the election. I hereby certify that all overseas and service ballots were mailed at least 30 days before the election. If any ballots were not mailed by 18 days before the election, the date which they will be mailed is Please provide a brief description of the cause of delay: County Coun udimr Signature As soon as your ballots are mailed, fax this form to: Office of the Secretary of State, Attn: Kay Ramsay at (360) 664-4619 Subsequent Mailing of Ballots Mail ballot requests received after the 19th day before the election must be mailed within two business days. If at any time between the 18th day before and 1 day before the election you know that you will not meet this requirement, you must submit the following within one business day: Date(s) affected absentee requests were received: _ Number of requests affected: Date the ballots will be mailed: Cause of delay: County County Auditor Signature Please fax this to the Office of the Secretary of State, Attn: Kay Ramsay at (360) 664-4619 within one business day. 04/08/2010 10:19 FAX 360 738 4556 WHATCOM CO AUDITOR ********************* *** TX REPORT *** [a001 TRANSMISSION OK TX/RX NO RECIPIENT ADDRESS DESTINATION ID ST. TIME TIME USE PAGES SENT RESULT 0659 1223000G446181869747 04/08 10:19 00'31 OK MAIL BALLOT CERTIFICATION FORM Instructions: Print this form. Add the month of the election & type of election (special, primary, or general) at the top of the form. Complete the remainder of the form certifying that your ballots were mailed according to RCW 29A.40.070 or if your ballots were delayed, enter the date they were mailed and a brief description of the cause of the delay. r .27 , 2010g Election Initial Mailing of Absentee and Mail Ballots 14 I hereby certify that all mail ballots were available at least 20 days before the election, and all complete requests received 19 days before the election, including ongoing absentee voters and mail ballots, were mailed at least 18 days before the date of the election. ® I hereby certify that all overseas and service ballots were mailed at least 30 days before the election, If any ballots were not mailed by 18 days before the election, the date which they will be mailed Please provide a briefdescription ofthe cause ofdelay: County Count uditor Signature A$ SQ0n a$ your ballots. are mailed. fax this form to: Office of the Secretary of State, Attn: Kay Ramsay at (360) 6644619 Subsequent Mailing of Ballots Mail ballot requests received after the 19th day before the election must be mailed within two business days. If at any time between the 18'' day before and 1 day before the election you know that you will not meet this requirement, you must submit the following within one business day: RESOLUTION NO.230-09 A RESOLUTION OF THE WHATCOM TRANSPORTATION AUTHORITY PURSUANT TO RCW 82.14.045 PROVIDING FOR SUBMISSION TO THE ELECTORATE OF THE WHATCOM PUBLIC TRANSPORTATION BENEFIT AREA A PROPOSITION TO IMPOSE AN ADDITIONAL TWO -TENTHS OF ONE PERCENT SALES AND USE TAX WHEREAS, the Whatcom Transportation Authority (WTA) is a public transportation benefit area (PTBA) in accordance with the procedures established by Chapter 36.57A RCW; and WHEREAS, a public transportation benefit area is authorized by RCW 82.14.045 to impose a sales and use tax not to exceed a rate of nine -tenths of one percent to provide funds for the operation, maintenance, or capital needs of public transportation systems, if approved by a majority of the voters in the public transportation benefit area; WHEREAS, the Whatcom Transportation Authority currently imposes a sales and use tax at a rate of six -tenths of one percent, which has been approved by the voters; WHEREAS, the Whatcom Transportation Authority is unable to maintain current levels of public transportation services at the six -tenths of one percent tax rate to fund the operation, maintenance, and capital needs of the Whatcom Transportation Authority; NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM TRANSPORTATION AUTHORITY THAT: Section 1. There shall be submitted to the electorate of the PTBA on April 27, 2010, a proposition authorizing the increase of two -tenths of one percent in the rate of sales and use tax imposed by the Whatcom Transportation Authority under RCW 82.14.045 effective October 1, 2010. Section 2. As required by RCW 82.14.045, this increase would be used for the sole purpose of providing funds for the operation, maintenance, and capital needs of the Whatcom Transportation Authority. RECEIVED o D DEC 1 I LL,_ Op SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR RWICKIMBOARMResolutionslRes 230-09 Sales Tax Ballot Issue 11 -1 9-09.docx Section 3. The Whatcom County Auditor is requested and directed to place upon the ballot for April 27, 2010 a proposition as follows: Shall public transportation services in Whatcom County be maintained and improved by authorizing the Whatcom Transportation Authority to impose an additional two -tenths of one percent (0.2%) sales and use tax effective October 1, 2010? Yes [ ] No [ ] Section 4. A copy of this resolution shall be transmitted forthwith to the Whatcom County Auditor. PASSED in Open Public Meeting, by the Whatcom Transportation Authority on November 19, 2009. ATTEST: VICKI G. ESSER CLERK OF THE BOARD WHATCOM TRANSPORTATION AUTHORITY WHATCOM COUNTY, WASHINGTON H FLE 00 , CHAIRPERSON APPROVED AS TO FOR . RICHARD J. LANG BEER COUNSEL TO THE AUTHORITY RWICKIE\BOARMResolutions\Res 230-09 Sales Tax Ballot Issue 11-19-09.docx 2 94V3Whatcom 7}ansporta0on Authority 4111 Bakerview Spur Road, Bellingham, WA 98226 December 10, 2009 Ms. Shirley Forslof Whatcom County Auditor Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Re: Resolution Submittal for the April 27, 2010 Election Dear Ms. Forslof: (360) 676-6843 (Voice & TTY) Fax: (360) 738-7302 Website: www.ridewta.com Enclosed please find a copy of Resolution No. 230-09, passed by WTA's Board of Directors, to submit a ballot measure for the April 27, 2010 election. Please let me know if there is anything further that you need from WTA to process this request or if there is additional information you believe would be helpful to WTA regarding this process. Thank you. Sincerely, ,1> f., Vicki G. Esser Executive Assistant / Clerk of the Board Enclosure cc: Richard Walsh, WTA General Manager PNICKIE\CORRVICKINhatcom Co Auditor -Ballot Measure Res Submittal 12-10-09.docx RESOLUTION NO.230-09 A RESOLUTION OF THE WHATCOM TRANSPORTATION AUTHORITY PURSUANT TO RCW 82.14.046 PROVIDING FOR SUBMISSION TO THE ELECTORATE OF THE WHATCOM PUBLIC TRANSPORTATION BENEFIT AREA A PROPOSITION TO IMPOSE AN ADDITIONAL TWO -TENTHS OF ONE PERCENT SALES AND USE TAX WHEREAS, the Whatcom Transportation Authority (WTA) is a public transportation benefit area (PTBA) in accordance with the procedures established by Chapter 36.57A RCW; and WHEREAS, a public transportation benefit area is authorized by RCW 82.14.046 to impose a sales and use tax not to exceed a rate of nine -tenths of one percent to provide funds for the operation, maintenance, or capital needs of public transportation systems, if approved by a majority of the voters in the public transportation benefit area; WHEREAS, the Whatcom Transportation Authority currently imposes a safes and use tax at a rate of six -tenths of one percent, which has been approved by the voters; WHEREAS, the Whatcom Transportation Authority is unable to maintain current levels of public transportation services at the six -tenths of one percent tax rate to fund the operation, maintenance, and capital needs of the Whatcom Transportation Authority; NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM TRANSPORTATION AUTHORITY THAT: Section 1. There shall be submitted to the electorate of the PTBA on April 27, 2010, a proposition authorizing the increase of two -tenths of one percent in the rate of sales and use tax imposed by the Whatcom Transportation Authority under RCW 82.14.045 effective October 1, 2010. Section 2. As required by RCW 82,14.045, this increase would be used for the sole purpose of providing funds for the operation, maintenance, and capital needs of the Whatcom Transportation Authority. RECEIVED '?�COF�7DEC t A `t' SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR PAVICKIE\BOARD\Resolutions\Res 230-09 Sales Tax Ballot Issue 11-19-09.docx Section 3. The Whatcom County Auditor is requested and directed to place upon the ballot for April 27, 2010 a proposition as follows: Shall public transportation services in Whatcom County be maintained and improved by authorizing the Whatcom Transportation Authority to impose an additional two -tenths of one percent (0.2%) sales and use tax effective October 1, 2010? Yes [ ] No [ Section 4. A copy of this resolution shall be transmitted forthwith to the Whatcom County Auditor. PASSED in Open Public Meeting, by the Whatcom Transportation Authority on November 19, 2009. ATTEST: VICKI G. ESSER CLERK OF THE BOARD WHATCOM TRANSPORTATION AUTHORITY WHATCOM COUNTY, WASHINGTON H FLEETW60b. CHAIRPERSON APPROVED AS TO FOR .1 RICHARD J. LANG BEER COUNSEL TO THE AUTHORITY RWICKIE\BOARD\Resolutions\Res 230-09 Sales Tax Ballot Issue 11-19-09.docx 2 Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 360-676.6740 360-738-4556 FAX 360-738.4555 TTY E-mail: auditor&o.whatcom.wa.us www.co.whatcom.wa.uslauditor OM Whatcom County rP Auditor's Office Election Division �93,y I NGi�� iL"1�o D BALLOT MEASURE RECEIPT Date Received: I D.- it- 0 Received From: V I Cv,t G2 Name of Presenter Name of Organization Address Phone Email Ballot Issue Name: WITA Sa,(e� T,6LX The Auditor's Office, Election Division, cknowledges receipt of the above - named Proposition for inclusion in thelt-off]-c`LQl a Election. ,ZP�O- L-L-, �1,o Deputy Auditor I:\Policies & ProcedureskElectionsk02_Pre-Election\02_Filing - Ballot Measures\FRM RECEIPT for ballot measure.DOCAdopted 7/27/06 WFATCOM C 4UNTY AUDITOR'S OFFICE Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Email: Auditor@co.whatcom.wa.us Internet: www.co.whatcom.wa.us/auditor MAILED VIA CERTIFIED MAIL ONJanuary 28, 2010 January 28, 2010 Vicki G. Esser Clerk of the Board Whatcom Transportation Authority 4111 Bakerview Spur Road Bellingham WA 98226 RE: Ballot Title: Proposition No. 1 Dear Ms. Esser: The following is a true copy of the ballot title for Proposition No. 1 SHIRLEY FORSLOF COUNTY AUDITOR DEBBIE ADELSTEIN CHIEF DEPUTY Phone: 360-676-6740 FAX: 360-738-4556 Shall public transportation services in Whatcom County be maintained and improved by authorizing the Whatcom Transportation Authority to impose an additional two -tenths of one percent (0.2%) sales and use tax effective October 1, 2010? Yes [ ] No [ The ballot title has been approved by Royce Buckingham, Civil Prosecuting Attorney. This notice of the exact language of the ballot title is being provided as RCW 29A.36.080. Sincerely, Shirley Forslo Whatcom County Auditor Licensing Recording Elections Administration/Internal Audit Licensing@comhatcornma.us Recording@comhatcornma.us Elections@comhatcornma.us 360-676-6744 360-676-6740 360-676-6740 360-676-6742 360-676-6740 ext 50065 Try 360-738-4555 RESOLUTION NO. 230-09 A RESOLUTION OF THE WHATCOM TRANSPORTATION AUTHORITY PURSUANT TO RCW 82.14.046 PROVIDING FOR SUBMISSION TO THE ELECTORATE OF THE WHATCOM PUBLIC TRANSPORTATION BENEFIT AREA A PROPOSITION TO IMPOSE AN ADDITIONAL TWO -TENTHS OF ONE PERCENT SALES AND USE TAX WHEREAS, the Whatcom Transportation Authority (WTA) is a public transportation benefit area (PTBA) in accordance with the procedures established by Chapter 36.57A RCW; and WHEREAS, a public transportation benefit area is authorized by RCW 82.14.045 to impose a sales and use tax not to exceed a rate of nine -tenths of one percent to provide funds for the operation, maintenance, or capital needs of public transportation systems, if approved by a majority of the voters in the public transportation benefit area; WHEREAS, the Whatcom Transportation Authority currently imposes a sales and use tax at a rate of six -tenths of one percent, which has been approved by the voters; WHEREAS, the Whatcom Transportation Authority is unable to maintain current levels of public transportation services at the six -tenths of one percent tax rate to fund the operation, maintenance, and capital needs of the Whatcom Transportation Authority; NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM TRANSPORTATION AUTHORITY THAT: Section 1. There shall be submitted to the electorate of the PTBA on April 27, 2010, a proposition authorizing the increase of two -tenths of one percent in the rate of sales and use tax imposed by the Whatcom Transportation Authority under RCW 82.14.045 effective October 1, 2010. Section 2. As required by RCW 82.14.045, this increase would be used for the sole purpose of providing funds for the operation, maintenance, and capital needs of the Whatcom Transportation Authority. RECEIVEL DEC t ! `L,- SWIRLY FORS Off' W H- A-TCOM COUNTY AUrA FOR RWICKIEWARMResolutions\Res 230-09 Sales Tax Ballot Issue 11-19-09.docx Section 3_ The Whatcom County Auditor is requested and directed to place upon the ballot for April 27, 2010 a proposition as follows: Shall public transportation services in Whatcom County be maintained and improved by authorizing the Whatcom Transportation Authority to impose an additional two -tenths of one percent (0.2%) sales and use tax effective October 1, 2010? Yes [ ] No [ ] Section 4. A copy of this resolution shall be transmitted forthwith to the Whatcom County Auditor. PASSED in Open Public Meeting, by the Whatcom Transportation Authority on November 19, 2009. ATTEST: VICKI G. ESSER CLERK OF THE BOARD WHATCOM TRANSPORTATION AUTHORITY WHATCOM COUNTY, WASHINGTON H FLE OO , CHAIRPERSON APPROVED AS TO FOR -1..._. RICHARD J. LANG BEER COUNSEL TO THE AUTHORITY PAVICKIEWARMResolutions\Res 230-09 Sales Tax Ballot Issue 11-19-09.docx 2 02/05/2010 15:55 FAX 380 738 455B WHATCOM CO AUDITOR [a 0 01 TRANSMISSION OK TX/RX NO RECIPIENT ADDRESS DESTINATION ID ST. TIME TIME USE PAGES SENT RESULT *** TX REPORT *** ********************* 0541 97340755 02/05 15:55 00'25 2 OK 311 GRAND AVENUE, SUITE 103 0,GpM CpG Voice (360) 676.6740 BELLINGHAM, WA 98225 �� ti� FAX (360) 738-4556 � or From the Office Of Shirley Forslof WHATCOM COUNTY AUDITOR FAX TRANSMISSION FAX TO: Qr � � z' C�-*— FAX PHONE: 5~ FROM: _ �lt iv�� Y �a r S I 1.o_ ( ) — G 29 — 47 y DATE: Z / —Z 2011 o d No. of Pages 2 (Including cover) COMMENTS: /o elP S 0 -w / s /C Gx -we/4/ yi� Ae ip p. C d::F/` 14�A ,4ew i4 ti 46r�- /l-1` Kelp ,,rrATCOM COUNTY co AUDITOR'S OFFICE P�coM SHIRLEY FORSLOF COUNTY AUDITOR Whatcom County Courthouse i 311 Grand Avenue, Suite 103 DEBBIE ADELSTEIN Bellingham, WA 98225-4038 9`SIi1NG�° CHIEF DEPUTY Email: Auditor@co.whatcom.wa.us Internet: www.co.whatcom.wa.us/auditor Phone: 360-676-6740 FAX: 360-738-4556 MAILED VIA CERTIFIED MAIL ON January 28, 2010 January 28, 2010 Vicki G. Esser Clerk of the Board Whatcom Transportation Authority 4111 Bakerview Spur Road Bellingham WA 98226 RE: Ballot Title: Proposition No. 1 Dear Ms. Esser: The following is a true copy of the ballot title for Proposition No. 1 Shall public transportation services in Whatcom County be maintained and improved by authorizing the Whatcom Transportation Authority to impose an additional two -tenths of one percent (0.2%) sales and use tax effective October 1, 2010? Yes [ ] No [ ] The ballot title has been approved by Royce Buckingham, Civil Prosecuting Attorney. This notice of the exact language of the ballot title is being provided as RCW 29A.36.080. Sincerely, Shirley Forslo Whatcom County Auditor Licensing Recording Elections Administration/Internal Audit Licensing@comhatcomma.us Recording@co.whatcomma.us Elections@co.whatcom.wa us 360-676-6744 360-676-6740 360-676-6740 360-676-6742 360-676-6740 ext50065 TTY 360-738-4555 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RECEIVED MAR 1 1 2010 SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR FILED IN OPEN COURT - WTd5m- COUNTY CLERK -ay Deputy IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR WHATCOM COUNTY PEOPLE FOR PROGRESSIVE TRANSPORTATION, Petitioner, V. DAVID S. MCEACHRAN, Respondent. and WHATCOM TRANSPORTATION AUTHORITY, a Washington municipal corporation, Intervenor. NO. 10-2-00379-3 ORDER AFTER HEARING DISMISSING PETITION AND CERTIFYING BALLOT TITLE HONORABLE CHI. 'ST10EJ�J a M U(2A- Hrg. Date: 03,-/O "v- , 2010 Hrg. Time: 1:30 p.m. a The matter came on for hearing on March,' 2010, before the Honorable STEVEN J . M u (Z-N Judge of the Superior Court, on the following: Petition of People for Progressive Transportation under RCW 29A.36.090 objecting to the ballot title filed with the Whatcom County Auditor for Proposition 1 of the April 27, 2010 election; Complaint in Intervention of Whatcom Transportation Authority seeking dismissal for lack of jurisdiction, or, in the alternative, seeking approval of the ballot title as filed with the Whatcom County Auditor. ORDER AFTER HEARING DISMISSING PETITION AND CERTIFYING BALLOT TITLE Page 1 of 4 LANGABEER & TULL, P.S. /U9 DUPONT JTREKI', Y.V. bOX 16'/25 BELLINGHAM, WASHINGTON 98227-1678 (360) 671-6460/FAX (360) 647-7874 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Present at the hearing were Richard M. Stephens of Groen, Stephens & Klinge, LLP, for Petitioner, People for Progressive Transportation; Royce S. Buckingham of Whatcom County Prosecutor's Office for Respondent, David S. McEachran; Richard J. Langabeer of Langabeer & Tull, P.S., for Intevenor Whatcom Transportation Authority. Upon review of the documents on file in this matter and having considered oral argument of the parties the Court makes the following findings: 1. The ballot title for Proposition 1 for the April 27, 2010 election was filed with the Whatcom County Auditor on December 28, 2009, which states in its entirety: Shall public transportation services in Whatcom County be maintained and improved by authorizing the Whatcom Transportation Authority to impose an additional two -tenths of one percent (0.2%) sales and use tax effective October 1, 2010. [ ] Yes [ ] No 2. The Petition herein under RCW 29A.36.090 challenging the ballot title for Proposition 1 was filed on February 10, 2010. 3. The time for filing a Petition under RCW 29A.36.090, requiring that a Petition thereunder be filed within 10 days of the filing of the ballot title with the Auditor, exclusive of Saturdays, Sundays, and holidays, has passed and cannot be cured. THEREFORE, the Court makes the following Conclusions of Law: 1. The requirement in RCW 29A.36.090 that a Petition be filed within 10 days of filing the ballot title with the Auditor, exclusive of Saturdays, Sundays, and holidays, is jurisdictional; and ORDER AFTER HEARING DISNUSSING PETITION AND CERTIFYING BALLOT TITLE Page 2 of 4 LANGABEER & TULL, P.S. /UV DUPONT N1REI 1-, Y.V. BOX I/8 BELLINGHAM, WASHINGTON 98227-1678 (360) 671-6460/FAX (360) 647-7874 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2. As a result of Petitioner's failure to timely file the instant Petition under RCW 29A.36.090, the Petition is barred and this Court does not have subject matter jurisdiction to hear the matter and cannot grant review. ORDER GOOD CAUSE APPEARING, the Court orders that 1. The Petition of the People for Progressive Transportation filed herein under RCW 29A.36.090 is dismissed with prejudice. 2. The following ballot title is certified to and the Clerk of the Court is directed to file said ballot title for Proposition 1 of the April 27, 2010 election, with the Whatcom County Auditor: Shall public transportation services in Whatcom County be maintained and improved by authorizing the Whatcom Transportation Authority to impose an additional two -tenths of one percent (0.2%) sales and use tax effective October 1, 2010. Yes [ ] No Date: �� ! �� oZ( I e) / S-rEVC( a m t,'/' Judge of the Superior Court Presented by Richard J. Langabe r, Vy, lEA 3171 Langabeer & Tull, P.S. Attorneys for Intervenor Whatcom Transportation Authority ORDER AFTER HEARING DISMISSING PETITION AND CERTIFYING BALLOT TITLE Page 3 of 4 LANGABEER k TULL, P.S. -/09 DUPONT JTRE 1', Y.V. BOX Ib'/tS BELLINGHAM, WASHINGTON 98227-1678 (360) 671-6460/FAX (360) 647-7874 a 1 Approved as to form by: 2 3 4 ichard M, Stephen , WS A 21776 Groen, Stephens & Klinge, LLP 5 Attorneys for Petitioner 6 People for Progressive Transportation 7 8 Royce' S 3 ieJPg am, WSBA 22503 9 Civil DepotyProsecuting Attorney 10 Whatcom County Prosecuting Attorney Attorneys for Respondent 11 David S. McEachran 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ti 27 ORDER AFTER 14EABJN(3 DISMISSING PETITION! AND CERTWYING BALLOT TITLE , .r Page 4 of 4 LANGABEER & TULL, P.S. /Vy L)UYONT JTREP;1', Y.V..BOX 10'/t5 BELLINGHAM, WASHINGTON 98227-1678 (360) 671-6460/FAX (360) 647-7874 Ccraniy .; ) s5. I,.N.F. Js� = Jr., County Clerk of Whatwrn County and ex-0fficio Clerk of the Superior Court of the Siate of Wash- ington, for the Cour,•`j of Whatcom, do hereby certfy that the loregoir:g instnimm-+ Is a true and corn copy of the origin21, wP.sis jn cf c pages, now t,n .1Is in my office, and that the undarsigned has the r,,,scdy thereof. IN TESTIMONY WHEREOF, I have hereinfa set my hand and affixe the Seal of said Court t my office at Bolling - ham this, day of 20_ K.F Jackson, Jr., County Cl SY ". Deputy Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 FIi_E RECEIVED FEB i o 2010 SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR SUPERIOR COURT OF WASHINGTON FOR WHATCOM COUNTY 10 2 00379 3 PEOPLE FOR PROGRESSIVE ) No. TRANSPORTATION, ) Petitioner, ) PETITION V. ) Oral Argument Requested DAVID S. MCEACHRAN, ) Respondent. ) Pursuant to RCW 29A.36.090, People for Progressive Transportation ("Petitioner") hereby appeals the Ballot Title for Proposition 1 scheduled for the April 2010 ballot. I. PARTIES 1. Petitioner is an organization of Whatcom County voters opposed to Proposition 1. 2. Respondent, David S. McEachran is the Prosecuting Attorney for Whatcom County and has the responsibility for preparing the Ballot Title for Proposition 1 pursuant to RCW 29.36.071. GROEN STEPHENS & KLINGE LLP 11100 NE 8th Street, Suite 750 YBellevue, WA 98004 PETITION - 1 O (425) 453-6206 �,if— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 3. Pursuant to RCW 29A.36.090, notice of this Petition is served upon the County Auditor and the Prosecuting Attorney for Whatcom County. II. JURISDICTION 4. This court has jurisdiction over this matter pursuant to RCW 29A.36.090. III. THE MEASURE 5. A copy of the text of Proposition 1 and the proposed ballot title are attached hereto as Exhibits "A" and "B," respectively. IV. OBJECTIONS TO THE BALLOT TITLE 6. On January 28, 2010, Whatcom County Auditor, Shirley Forslof submitted the ballot title to the Whatcom Transportation Authority the ballot title for Proposition 1, expressly pursuant to RCW 29A.36.080. The ballot title reads as follows: Shall public transportation services in Whatcom County be maintained and improved by authorizing the Whatcom Transportation Authority to impose an additional two -tenths of one percent (0.2%) sales and use tax effective October 1, 2010? Exhibit B. 7. As demonstrated on the second page of Exhibit A, the resolution purporting to submit the matter to the voters, the Whatcom Transportation Authority's resolution purports to dictate what the ballot title will be. 8. RCW 29A.36.071 provides that the ballot title of any referendum ... or ... any other question submitted to the voters of a local government consists of three elements: (a) An identification of the enacting legislative body and a statement of the subject matter; (b) a concise description of the measure; and (c) a question. GROEN STEPHENS & KLINGE LLP 11100 NE 8th Street, Suite 750 Bellevue, WA 98004 PETITION - 2 (425) 453-6206 Whatcom County Auditor's Office 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4186 360-676-6740 360-738.4556 FAX 360-738-4555 TTY auditor&o.whatcom.wa.us whatcom.wa.uslauditor 12/18/2009 d Whatcom County Auditor Elections Division TO: Prosecuting Attorney's Office / Royce Buckingham FROM: The Office of the Whatcom County Auditor: ELECTIONS SUBJ: Ballot Titles Please look over this Ballot Title for Whatcom Transportation Authority. Please sign -off and return to the Election Department after review. Thank You. Celeste 50063 I:\Policies & Pro cedures\Elections\02 Pre-Election\02_Filing - Ballot Measures\FRM Prosecuting Atty ballot title letter.doc (3/3/2010) Shirley Fors[of - Fwd. Political Party Observer Stations for Feb 27 Election Page 1 From: Shirley Forslof To: demchair@whatcomdemocrats.com; Ivanwerven@verizon.net CC: Helm, Larry; skschuck@peoplepc.com Date: 3/3/2010 3:16 PM Subject: Fwd: Political Party Observer Stations for Feb 27 Election Attachments: Political Party dem observer April 2010 Schedule.doc; Political Party rep o bserve April 2010 Schedule.doc I apologize for sending this email the second time. The attached letter addressed to Luanne on the first email I had the incorrect dates for the observer stations. Dear Luanne, Natalie, Larry and Steve: Attached are letters designating Political Party Observer Stations and a request for observers for the April 27 Special WTA Election. Please let me know if you have members of your party that you would like to be trained as Political Party Observers. Those observers trained by the Auditor's Office staff in 2008 and 2009 are not required to attend a new class this year in order to serve as observers. If you have any questions, please let me know. Sincerely, Shirley Forslof Whatcom County Auditor 311 Grand Avenue, Suite 103 Bellingham WA 98225 (360) 676-6744 e-mail sforslof@co.whatcom.wa.us FAX (360) 738-4556 NOTICE: This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. Please destroy any hard copies you may have printed and remove all copies of the email from your mailbox and hard drive. (313/2010) Shirley Forslof - Political Party rep observe April 2010 5chedule.doc Page 1 March 3, 2010 Luanne VanWerven Whatcom County Republican Party Chair 7555 Hannegan Rd. Lynden WA 98264 Subject: Designation of Political Party Observer Stations for the April 27 Special Election Dear Luanne: I have designated the following political party observer stations beginning April 7, 2010 through May 12, 2010. 1 would appreciate it if you could have one observer available to staff each observer station. The observer stations and dates are as follows: Processing of Vote by Mail Ballots Signature verification area (April 7 through May 12) Ballot opening area (April 14 through May 12) Election Day and Night - Ballot processing may begin at 7:00 a.m. with totals released after 8:00 p.m. Ballot Inspection area (April 27) Ballot Counting Center (April 27) Ballot Counting Center Logic & Accuracy Test of Optical Scan Ballot Counting Machines (April 23 at 9:00 a.m.) Ballot Counting (April 27 through May 12) The Logic & Accuracy Test of Accessible Voting Units will be held on April 5 at 9:00 a.m. This is an outline of the proposed schedule; which is subject to change. Please contact the Auditor's Office for updates to the schedule. We will have an election schedule on our web page at www.whatcomcounU.us/audJtor Sincerely, Shirley Forslof Whatcom County Auditor 1. (3/3/2010) ShirEey Forslof -Political Party dem observer April 2010 5chedu[e.doc Page 1 March 3, 2010 Natalie McClenden Whatcom County Democratic Party Chair 2414 C Street. Bellingham WA 98225 Subject: Designation of Political Party Observer Stations for the April 27 Special Election Dear Natalie: I have designated the following political party observer stations beginning April 7, 2010 through May 12, 2010. 1 would appreciate it if you could have one observer available to staff each observer station. The observer stations and dates are as follows: Processing of Vote by Mail Ballots Signature verification area (April 7 through May 12) Ballot opening area (April 14 through May 12) Election Day and Night - Ballot processing may begin at 7:00 a.m. with totals released after 8:00 p.m. Ballot Inspection area (April 27) Ballot Counting Center (April 27) Ballot Counting Center Logic & Accuracy Test of Optical Scan Ballot Counting Machines (April 23 at 9:00 a.m.) Ballot Counting (April 27 through May 12) The Logic & Accuracy Test of Accessible Voting Units will be held on April 5 at 9:00 a.m. This is an outline of the proposed schedule; which is subject to change. Please contact the Auditor's Office for updates to the schedule. We will have an election schedule on our web page at www.whatcomeounly.us/auditor Sincerely, Shirley Forslof Whatcom County Auditor co WHATCOM COUNTY �C rP Gym AUDITOR'S OFFICE - Whatcom County Courthouse ��; 311 Grand Avenue, Suite 103.. 2 �SJy1N��c Bellingham, WA 98225-4038 Email: Auditor@co.whatcom.wa.us Internet: www.co.whatcom.wa.us/auditor March 3, 2010 Luanne VanWerven Whatcom County Republican Party Chair 7555 Hannegan Rd. Lynden WA 98264 SHIRLEY FORSLOF COUNTY AUDITOR DEBBIE ADELSTEIN CHIEF DEPUTY Phone: 360-676-6740 FAX: 360-738-4556 Subject: Designation of Political Party Observer Stations for the April 27 Special Election Dear Luanne: I have designated the following political party observer stations beginning April 7, 2010 through May 12, 2010. 1 would appreciate it if you could have one observer available to staff each observer station. The observer stations and dates are as follows: Processing of Vote by Mail Ballots Signature verification area (April 7 through May 12) Ballot opening area (April 14 through May 12) Election Day and Night - Ballot processing may begin at 7:00 a.m. with totals released after 8:00 p.m. Ballot Inspection area (April 27) Ballot Counting Center (April 27) Ballot Counting Center Logic & Accuracy Test of Optical Scan Ballot Counting Machines (April 23 at 9:00 a.m.) Ballot Counting (April 27 through May 12) The Logic & Accuracy Test of Accessible Voting Units will be held on April 5 at 9:00 a.m. This is an outline of the proposed schedule; which is subject to change. Please contact the Auditor's Office for updates to the schedule. We will have an election schedule on our web page at %%,w%N.-.wliatcomcoutity.us/auditor Sincerely, Shirley Forslof Whatcom County Auditor Licensing Recording Elections Administration/Internal Audit Licensing@comhatcomma.us Recording@comhatcornma.us Elections@comhatcom.wa.us 360-676-6744 360-676-6740 360-676-6740 360-676-6742 360-676-6740 ext50065 Try 360-738-4555 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COPY FOR gn�riy[A � N� F IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR WHATCOM COUNTY PEOPLE FOR PROGRESSIVE TRANSPORTATION, Petitioner, V. DAVID S. MCEACHRAN, Respondent, and WHATCOM TRANSPORTATION AUTHORITY, a Washington municipal corporation, Intervenor. NO. 10-2-00379-3 DECLARATION OF SHIRLEY FORSLOF RE BALLOT TITLE CERTIFICATION HONORABLE CHARLES R. SNYDER Hrg. Date: March 5, 2010 Hrg. Time: 1:30 p.m. I, SHIRLEY FORSLOF, declare as follows: 1. I am the duly elected Auditor for Whatcom County, Washington and my office is responsible for preparation of ballots to be submitted to the Whatcom County electorate for its consideration. 2. 1 have established a Ballot Measure Submitted Checklist ("Checklist"), an internal check system which is used when my office receives a ballot DECLARATION OF SHIRLEY FORSLOF RE BALLOT TITLE CERTIFICATION Pagel of 3 LANGABEER �TULL, P.S. P.S. 709 DUPONT STREET, P.O. BOX 1678 BELLINGHAM, WASHINGTON 98227-1678 (360) 671-6460/FAX (360) 647-7874 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 measure from a proponent of that measure. This checklist is to ensure that our internal procedures are followed. 3. My office used the Checklist for Whatcom Transportation Authority Board Resolution 230-09 ("Resolution") which was submitted by mail and received from WTA on December 11, 2009, for placement on the April 2010 ballot. A copy of the Checklist and supporting documents is attached hereto as Exhibit "A" and incorporated by reference. 4. For local measures proposed by a "unit of local government other than a city, town or county," such as the WTA, RCW 29A.36.071 requires that ballot titles are to be prepared by the Prosecuting Attorney of the area. As such, our Checklist includes submission of the proposed measure to the Prosecuting Attorney's Office when required, as in this case. The WTA Resolution included proposed language for a ballot title and the Checklist indicates that it was routed to the Prosecuting Attorney's Office on December 18, 2009. 5. The Checklist indicates the ballot title language proposed by WTA was reviewed and adopted on or about December 22, 2009, by the Prosecuting Attorney's Office and returned by that office to my office on or about December 28, 2009. 6. RCW 29A.36.080 directs the Auditor to notify the proponent of a ballot measure of the exact language as it will appear on the ballot. The Checklist indicates that I notified WTA of the ballot language by certified mail on or about January 28, 2010. DECLARATION OF SHIRLEY FORSLOF RE BALLOT TITLE CERTIFICATION Page 2 of 3 LANGABEER & TULL, P.S. 709 DUPONT STREET, P.O. BOX 1678 BELLINGHAM, WASHINGTON 98227-1678 (360) 671-6460/FAX (360) 647-7874 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 7. My review of the file in this matter shows that ,no person or entity requested a copy of the exact language of the ballot title, thus notice under RCW 29A.36.080 was provided only to the proponent, WTA. Had any person or entity requested notification, they would have been provided such notification upon receipt of the approved ballot title from the Prosecuting Attorney's Office. 8. The Whatcom Transportation Authority, at a Special Election on March 12, 2002, requested by "Special Election -Proposition No. 1," that the voters approve an additional three -tenths (3/10tns) of one percent (1 %) sales and use tax. A true and accurate copy of the ballot title, on file in the County Auditor's Office, is contained in the copy of the Absentee Ballot Guide, Special Election, March 12, 2002, attached hereto as Exhibit "B." Also attached as Exhibit "C" is a true copy of the Memo to Dave Grant, Civil Prosecuting Attorney, dated December 7, 2001, requesting that he approve as to form the ballot title and his handwritten response thereon signed and dated December 12, 2001. The measure, "Special Election - Proposition No. 1," passed, and a true copy of the certification of the Canvassing Board is attached as Exhibit "D" that also includes the ballot title. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct and that this declaration is executed at Bellingham, Washington on February I c/ . 2010. Shirley Fars f, A ditor Whatcom County DECLARATION OF SHIRLEY FORSLOF RE LANGABEER & TULL. P.S. BALLOT TITLE CERTIFICATION —� Page 3 of 3 709 DUPONT STREET, P.O. BOX 1678 BELLINGHAM, WASHINGTON 98227-1678 (360) 671-6460/FAx (360) 647-7874 C. C) Ballot Measure Submitted Checklist =_ .Attach to front of folder Ballot Measure Submitted: Date completed Initial Submitted by: _ << t' Contact Phone Email Address: I Check signed by Commissioners Date Stamps Submittal, Makes copy for filer If Document Calling for an election is included in the submittal; have Auditor or Deputy Auditor sign Prepares Ballot Measure Receipt & gives to original filer Routed to Elections Coordinator for Number Assignment Routed to Pros Atty (county & districts only) m �a. Signed & Returned by Pros Atty (county & dist only) wJa- j Fj.- p q C Routes Folder to Deputy Auditor —/o Reviewed by Auditor Copy sent to District Office after Ballot approval Publish Notice of Closing Registration (40 days prior to election) Ballot Layout Prepared Publish Official Notice of Election in Newspaper (6 days prior to election) After Election Copy of Canvass Report sent to submitter of ballot issue Obtain Receipt from Treasurer & Assessor of results If school issue, send copy of canvass report to Supt of Public Instruction (form SPI M-466) WHATCOM COUNTY P� ?� AUDITOR'S OFFICE Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA98225-4038 �gSyt N0 Email: Auditor@co.whatcom_wa.us Internet: www.co.whatcom.wa.us/auditor MAILED VIA CERTIFIED MAIL ONJanuary 28, 2010 January 28, 2010 Vicki G. Esser Clerk of the Board Whatcom Transportation Authority 4111 Bakerview Spur Road Bellingham WA 98226 RE: Ballot Title: Proposition No, 1 Dear Ms. Esser: The following is a true copy of the ballot title for Proposition No. 1 SHIRLEY FORSLOF COUNTY AUDITOR DEBBIE ADELSTEIN CHIEF DEPUTY Phone: 360-676-6740 FAX: 360-738-4556 Shall public transportation services in Whatcom County be maintained and improved by authorizing the Whatcom Transportation Authority to impose an additional two -tenths of one percent (0.2%) sales and use tax effective October 1, 2010? Yes [ ] No [ The ballot title has been approved by Royce Buckingham, Civil Prosecuting Attorney. This notice of the exact language of the ballot title is being provided as RCW 29A.36.080. Sincerely, Shirley Forslo Whatcom County Auditor Licensing Recording Elections Administration/internal Audit Licensing@co.whatcom.wa.us Recording@co.whatcomma.us Elections@comhatcomma.us 360-676-6744 360-676-6740 360-676-6740 360-676-6742 360-676-6740 ext50065 TTY 360-738-4555 Cl . Postal Serv'tceTr., U RTI�IED -MAILsh, RECEIPT mesfic mail only; No Insurance Coverage Provided) F Er tr r o Postage $ r-3 Ceraged Fee O Return Receipt Fee r .r31_] (Endorsement Required) e C3 Restricted Deilvery Fee r-1 (endorsement Required) ro rlA US,E 28 OSo Q Total Postage & Fees B Sent q r S�Li` r ,\� [� orrecf,Apt orFOBoxNo. O -i ?a... ' ....._.. -.._ .. _._.. L1ry Sims. ZfP+�G��t l/" � �� soo, dune zut ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. >. Print your name ar)d address on the reverse so that we can return. the card to you. IIIAttach fibs card tb the back of themallplece, or on the front if space permits. 1. Article Addressed to; l l 7, , tlmmpbrn I t-}Il i , i VaV' �O 6Wi,4lm) A °Igaab /\. Si X ro "� D�gent ! E3 Addressee `la—H b nfed VerxTe) C1, a%-oof. elivery. Vs ` t 1 �V M Isdefvery address difforent from ftemi ? 0 Yos If YES, -enter 66eryaddresp below: 13-N6 t 3. So Ico Typo , Cortifbd Mall Q Egress Mall t El Registered Rotum Rece?ptforWleXohancllsa 0 Insured Mali, ❑ C.O.D. i 4, .Rrsstdated-Delivery? XvbtrFee) p yes .lo Number I sferfromservice labeg 7006 [18111 110130 8991 81152 13811, February 2004 Domestic Return-Recelpt 10258SDz-M•1540 'd Whatcom County ` erp�L°MC Per e Auditor's Office Whatcom County Auditor 261k 311 Grand Avenue, Suite 103 `r NG�or I Bellingham, WA98225.4186 Elections Division I 360-676.6740 / 360-738.4556 FAX f ` 360-738.4555 TTY auditor&o.whatcom.wa.us whatcom.wa.uslauditor 12/18/2009 TO: Prosecuting Attorney's Office / Royce Buckingham FROM: The Office of the Whatcom County Auditor: ELECTIONS SUBJ: Ballot Titles Please look over this Ballot Title for Whatcom Transportation Authority. Please sign -off and return to.the Election Department after review. Thank You. Celeste 50063 I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Prosecuting Atty ballot title letter.doc 1 RESOLUTION NO.230-09 A RESOLUTION OF THE WHATCOM TRANSPORTATION AUTHORITY PURSUANT TO RCW 82.14.045 PROVIDING FOR SUBMISSION TO THE ELECTORATE OF THE WHATCO-M PUBLIC TRANSPORTATION BENEFIT AREA A PROPOSITION TO IMPOSE AN ADDITIONAL TWO -TENTHS OF ONE PERCENT SALES AND USE TAX WHEREAS, the Whatcom Transportation Authority (VVTA) is a public transportation benefit area (PTBA) in accordance with the procedures established by Chapter 36.57A RCW; and WHEREAS, a public transportation .benefit area is authorized by RCW 82.14.046 to impose a sales and use tax not to exceed a rate of nine-teriths of one percent to provide funds for the operation, maintenance, or capital needs of public transportati.6h systems, if approved by a majority of the voters in the public transportation benefit area; WHEREAS, the Whatcom Transportation Authority currently imposes a tabs grid use tax at a rate of six -tenths of one percent, which has been approved by the voters; WHEREAS, the Whatcom Transportation Authority is unable to maintain current levels of public transportation services at the six -tenths of one percent tax rate to fund the operation, maintenance, and capital needs of the Whatcom Transportation Authority; NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM TRANSPORTATION AUTHORITY THAT: Section 1. There shall be submitted to the electorate of the PTBA on April 27, 2010, a proposition alutlfting the increase of two -tenths- of one percent ih the rate of sales and use tax imposed by the Whatcom Transportation Authority under RCW 82.14.045 effective October 1, 2010. Section 2. As required by RCW 82.14.045, this increase would be used for the sole purpose of providing funds for the operation, maintenance, and capital needs of the Whatcom Transportation Authority. RECEIVED DEC tt2,09 SHIRLEY FORSLOF WHATCOM COUNTY AUMTi OR RWICKIESOARMResoluttonsfts 230-09 Sales Tax Ballot Issue 11-19-09.docx r . Section 3. The Whatcom County Auditor is requested and directed to place upon the ballot for April 27, 2010 a proposition as follows: Shall public transportation services in Whatcom County be maintained and improved by authorizing the Whatcom Transportation Authority to impose an additional two -tenths of one percent (0.2%) sales and use tax effective October 1, 2010? Yes [ I No [ I Section 4. A copy of this resolution shall be transmitted forthwith to the Whatcom County Auditor. PASSED in Open Public Meeting, by the Whatcom Transportation Authority on November 19, 2009. ATTEST: VICKI G. ESSER CLERK OF THE BOARD WHATCOM TRANSPORTATION AUTHORITY WHATCOM COUNTY, WASHINGTON WSH /F4LEEJ*00 , CHAIRPERSON APPROVED AS TO FOR RICHARD J. LANG BEER COUNSEL TO THE AUTHORITY P:NICKIEU30ARMResolutionslRes 230-09 Sales Tax Ballot Issue 11-19-09.docx Whatcom county Courthous'- 311 Grand Avenue, Suite 10, WA 982254038 360-676-6740 360.738-4556 FAX 360-738.4555 TTY E-mail: auditor@co.whatcom.wa-.us www.co.whatcom.wa.uslaud1tor Date Received:. Received From �oM G ) Whatcom County " yyy Auditor's Office Election Division 1fING BALLOT MEASURE RECEIPT ID.` Ic-aI Name of Presenter .�� e�or� � r a,lns�or�-c�-► D n R w� � � t rh,� Name of organization 4111 k i(--W �RU- r— �R d Address .(00 bfs"_ Phone Email Ballot Issue Name: WTR. SC�.(r� QM 5L, _r(5L( The Auditor's Office, Election Division, cknowledges receipt of the above - named Proposition for inclusion in the 1 Election. l L-k—, (4� 0 Deputy Auditor. IAPoilcies & ProcedureslEleclions102_Pre-Eleclion102_Filing - Ballot MeasureslFRM RECEIPT for ballot rrieasure.DOCAdopted 7127/06 wrMat.00M (360) 676-6843 (Voice & TTY) Thpn'\ /y -, jrt� 94V"7�AmAw' Auth Fax: (360) 738-7302 4111 Bakerview Spur Road, Bellingham, WA 98226 Website: www.ridewta.com December 10, 2009 Ms. Shirley Forslof Whatcom County Auditor Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Re: Resolution Submittal for the April 27, 2010 Election Dear Ms. Forslof: Enclosed please find a copy of Resolution No. 230-09, passed by WTA's Board of Directors, to submit.a ballot measure for the April 27, 2010 election. Please let me know if there is anything further that you need from WTA to process this request or if there is additional information you believe would be helpful to WTA regarding this process. Thank you. Sincerely, �)'a' -(-w, &-'td-g'L Vicki G. Esser Executive Assistant / Clerk of the Board Enclosure cc: Richard Walsh, WTA General Manager PNICKOCORRVICKIIWhatcom Co Auditor -Ballot Measure Res Submittal 12-10-09.docx HOW TO VOTE Ballot Pu chcard _ y r Punch chip completely out of Ballot Punchcard Yrith a paper dip or similar device. t V!!AoP4Wm 1.Remember to SIGN YOUR NAME on the outside of the MAILING envelope on the line under the Voter Affidavit. Your signature is compared to.your signature on file with the County. 2.In the Ballot Guide, to the right of each measure or candidate, is a number which is assigned to a position on your Ballot Card. 3.Use a paper clip, tooth pick or sharp pencil to punch out the pre -scored square located just above the number assigned to the candidate or measure. 4. Write in candidates may be voted for by using the space provided on the flap attached to your ballot card. You must list both the Name and Office of the write-in candidate and the Political Party In Partisan races. Do not punch out a position number for any other candidate for that office. 5.After you have finished voting, place your Ballot Card in the Ballot Security Envelope. 6. Place the Ballot Security Envelope containing your voted ballet punchcard INSIDE THE PRE- ADDRESSED MAILING ENVELOPE. 7. Put a first-class stamp on the envelope and mail it so it is postmarked no later than the day of the election. The ballot will be counted if it is postmarked not later than election day and if It is received by the county auditor not later than the tenth day following any special election or primary, or the fifteenth day following a general election. 8. If you spoil your ballot or wish to change your vote, use the BALLOT GUIDE and with a pen make your selections. Return it in the Ballot Security Envelope instead of the ballot card. 9. If you have any questions about these instructions, please call the Auditor's Office at: 360/676-6742 or 360/676-6745. FORMAT #WTA ABG-Whatcom BEGIN VOTING ON PAGE #1' Special Election °age 'ut March 12, 2002 Whatcom County, 'Aashington WHATCOM TRANSPORTATION AUTHORITY Special Election — Proposition No.1 Shall public transportation services in Whatcom YES - 3 4 County be maintained and improved by authorizing the Whatcom Transportation Authority to impose an additional three -tenths (3/10ths) of NO-6 4 one percent (1%) sales and use tax effective January 1, 2003? TURN OVER TO CONTINUE IMPORTANT INFORIIIATION Your absentee return envelope MUST have your signature on it. An absentee ballot returned in an envelope without your signature WILL NOT BE COUNTED. Your signature should look similar to the one on your voters registration form. If you think your signature has changed, contact the Whatcom County Auditor's Office at (360) 676-6742 or (360) 676-6745. TOP FOUR REASONS FOR DISQUALIFICATION: Y No signature Late postmark. Ballots must be postmarked no later than election day. • Signature does not match. • Two ballots in one absentee return envelope You are eligible to vote in this election if: You are a citizen of the United States • At least 18 years old Resident of Whatcom County for 30 days prior to the election Not presently being denied your civil rights as a result of being convicted of a felony If you are not sure about your eligibility, contact the Whatcom County Auditors Office at (360) 676-6742 or (360) 676-6745. Absentee Voter Guide SPECIAL ELECTION March 12, 2002 COUNTY OF WHATCOM State of Washington .VOTER INSTRUCTIONS Read All Instructions Carefully Before Voting. Failure to follow these instructions may invalidate your ballot. The ballot which you have received is actually a data processing card prepared for recording your vote. Do not mark, fold or punch the ballot punchcard except as outlined in the instructions. Your Absentee Ballot Packet consists of: • This Ballot guide listing the ballot measures and/or candidates. • A pre -scored Ballot Punchcard. • A Ballot security envelope for the Ballot Punchcard. • A pre -addressed Return Envelope to return your voted Ballot Punchcard. Now that you have received your Absentee ballot, please use it instead of going to your poll site on election day. OPEN AND COMPLETELY UNFOLD THIS BALLOT GUIDE c ,. GCM CO M . WHATCOM COUNTY AUDITOR'S OFFICE Whatcom County Courthouse 311 Grand Avenue, Suite 103 �sNI Bellingham, WA 98225-4038 NG4 Email: Auditor@co.whatcom.wa.us EXHIBIT C Internet-- www.co.whatcom.wa.us/auditor MEMO TO: Dave Grant, Civil Prosecuting Attorney FROM: Shirley Forslof, Auditor DATE: December 7, 2001 RE: Ballot Title for WTA SHIRLEY FORSLOF AUDITOR CHRISTINE BLAKE, C.M.A. CHIEF DEPUTY Please approve as to form the ballot title for the proposition to impose an additional three tenth 3/10'b of one percent sales and use tax. I called Richard Walsh and asked him to review the ballot title with you. I presume that he has done this. If not and you have any concerns, please call me. Thanks Licensing/Recording :560-676-6740 Elections Administration/internal Audit 360-676-6744 360-676-6740 ext.50065 rn FAX 360-676 -G742 360-738-4555 360.7311-4 55b WIN- s o rr Authority 7Jr�� Marion 2011 Young Street, Suite 201, Bellingham, WA 98225-9827 December 7, 2001 Shirley Forslof, Whatcom County Auditor 311 Grand Avenue Bellingham, WA 98225 Dear Ms. Forslof: (360) 676-6843 (Voice & TTY) (360) 384-0294 (Voice & TTY) Fax: 738-7302 I am enclosing a copy of Resolution 194-01 approved by the Whatcom Transportation Authority (WTA) Board of Directors on November 21, 2001. The resolution authorizes the submittal of a proposition to increase the portion of sales and use tax to be placed on the March 12, 2002 ballot. The proposed ballot title has been reviewed by WTA legal counsel and is included in the resolution. Please notify me if you have any questions or if any changes in the ballot title are required. Sincerely, Richard G. Walsh General Manager G:INEr"DOCSSAW01 rwcorrlforsloM 20701.doc A i RESOLUTION NO. 194-01 A RESOLUTION OF THE WHATCOM TRANSPORTATION AUTHORITY PURSUANT TO RCW 82.14.045 PROVIDING FOR SUBMISSION TO THE ELECTORATE OF THE WHATCOM PUBLIC TRANSPORTATION BENEFIT AREA A PROPOSITION TO IMPOSE AN ADDITIONAL THREE TENTHS OF ONE PERCENT SALES AND USE TAX WHEREAS, the Whatcom Transportation Authority (WTA) is a public transportation benefit area (PTBA) in accordance with the procedures established by Chapter 36.57A RCW; and WHEREAS, a public transportation benefit area is authorized by RCW 82.14.045 to impose a sales and use tax not to exceed a rate of nine -tenths of one percent to provide funds for the operation, maintenance, or capital needs of public transportation systems, if approved by a majority • of the voters in the public transportation benefit area; WHEREAS, the Whatcom Transportation Authority currently imposes a sales and use tax at a rate of three -tenths of one percent, which has been approved by the voters; WHEREAS, the repeal of Motor Vehicle Excise Taxes (MVET), effective January 1, 2000 reduced the revenue available to fund the operation, maintenance, and capital needs of the Whatcom Transportation Authority; NOW, THEREFORE, - BE IT RESOLVED BY THE WHATCOM TRANSPORTATION AUTHORITY THAT: Section 1.. There shall be submitted to the electorate of the PTBA on March 12, 2002, a proposition authorizing the increase of three -tenths of one percent in the rate of sales and use tax imposed by the Whatcom Transportation Authority under RCW 82.14.045 effective January 1, 2003. Section 2. As required by RCW 82.14.045, this increase would be used for the sole purpose of providing funds for the operation, maintenance, and capital needs of the Whatcom Transportation Authority. 22 Section 3. The Whatcom County Auditor is requested and directed to place upon the ballot for March 12, 2002 a proposition as follows: Shall public transportation services in Whatcom County be maintained and improved by authorizing the Whatcom Transportation Authority to impose an additional three -tenths (3/10ths) of one percent (1 %) sales and use tax effective January 1, 2003? Yes [ ] No [ J Section 4. A copy 'of this resolution shall be transmitted forthwith to the Whatcom County Auditor. PASSED in Open Public Meeting, by the Whatcom Transportation Authority on November 21, 2001. ATTEST: WHATCOM TRANSPORTATION AUTHORITY WHA M COUNTY ASHINGTON DARYL 6REWCk, CHAIRMAN APPROVED AS TO FORM: /22 4BRBARA MAHER RICHARD J. LA GABEE CLERK OF THE BOARD COUNSEL TO THE AUTHORITY 23 a EXHIBIT D WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS OF THE SPECIAL ELECTION HELD TUESDAY, MARCH 12, 2002 FOR THE WHATCOM TRANSPORTATION AUTHORITY, WHATCOM COUNTY, WASHINGTON FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE WHATCOM PUBLIC TRANSPORTATION BENEFIT AREA THE FOLLOWING PROPOSITION. OATH OF AUDITOR STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) I do solemnly swear that the returns purporting to be the election returns of the Whatcom Transportation Authority, Whatcom County, Washington, from the Special Election held on the 12" day ofXarc4.2002, have not been altered by additions or erasures, and that they are the same as wlien, sited in my office. Whatcom Co Auditor �J 'y Souk r bed and sworn to before me this 22nd day of March 2002. h A r�.� ?C. COUtt I'Y •:� G�j� STATE OF hatcom County Legislate 4- Authority '•.�NlM C�J , CERTIFICATION OF CANVASSING BOARD STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) THIS IS TO CERTIFY THAT WE, as the Whatcom County Canvassing Committee have completed our canvass of votes as it pertains to the Special Election held in the precincts within the boundaries of the Public Transportation Benefit Area, Whatcom County, Washington on the 12th day of March, 2002 and the results. are as follows: Special Baclion Page 101 March 12, 2002 Whatcom County, Washington WHATCOM TRANSPORTATION AUTHORITY Special Election — Proposition No.1 Shall public transportation services in Whatcom County be maintained and Improved by authorizing the Whatcom Transportation Authority to impose an additional three -tenths (3/10ths) of one percent (1%) sales and use tax effective January 1, 2003? YES - 3 4 Yes 18,326 NO-5 4 No 15,421 PASSED: 54.3% The canvass having been completed this 22nd day of March 2002. WHATCOM COUNTY CANVASSING BOARD Whatcom Co Auditor atcom County Legisla ve Authority Whatcom County Deputy Prosecuting Attorney Case Numt Name 10-2-0037� Mceachran, David S 10-2-0037� People For Progressive 10-2-0037f Whatcom Transportation Court: Whatcom Co Superior Case Number: 10-2-00379-3 Su Docke Docl, Docket Description 02-10- $FF1 Filing Fee Received 1 02-10- SM Summons 2 02-10- PT Petition 3 02-10- NTM Note For Motion Docket ACT Motion To Certify Ballot Title 4 02-10- NTA Notice Of Appearance ATD Buckingham, Royce Scott 5 02-16-AFSIAffidavit/dclr/cert Of Service David Mceachran 6 02-16-AFSIAffidavit/dclr/cert Of Service Whatcom County Auditor's Office 7 02-16- STP Stipulation To Allow Whatcom Transportation Authority To Intervene 8 02-17-OR Order Upon Stipulation Allowing Whatcom Transportation Authority To Intervene INTC Whatcom Transportation Authority JDG Judge Charles R. Snyder, Dept. 3 9 02-18-AFSIAffidavit/dclr/cert Of Service 10 02-18- NTM Re Note For Motion Docket ACT Motion To Certify Ballot Title 11 02-26- DCL Declaration Of Mailing 12 02-26- CMF Complaint In Intervention By Whatcom Transportation Authority 13 02-26- DCL Declaration Of Shirley Forslof Re Ballot Title Certification 14 02-26- DCL Declaration Of Vicki Esser Re Ballot Title Certified By Whatcom County Auditors Office 15 02-26- DCL Declaration Of Dale O'brien Re Ballot Title Certification 16 02-26- DCL Declaration Of Richard G Walsh In Support Of Ballot Title Certified By Whatcom County Auditor's Office 17 02-26- MM Intervenor Whatcom Transportation Authority's Memorandum Of Law 18 03-02- MM County's Memorandum To The Superior Court IC P Cause Status 0: D Miscellaneou Docket Info Available 0: P Miscellaneou Docket Info Available 0: In Miscellaneou Docket Info Available Misc Info 230.00 02-26-20 03-05-20 ,5k - i 'p, - 7 J-01VIVII (.�Yamts (,could � 1 ke 6� OOPV Of 4'w- 2 hi3l�l�y� docume� (and Copies a 0�44,v D+hei-S SCANNED ILLED SUPERIOR COURT OF THE STATE OF WASHINGTON FOR WHATCOM COUNTY PEOPLE FOR PROGRESSIVE TRANSPORTATION Plaintiff/Petitioner vs. DAVID S. MCEACHRAN NO. 10-2-00379-3 Re -NOTE FOR: & Motion Docket (NTMTDK) O Trial Docket (NTTRDK) (use separate sheet for each noting) Er" -NOTE FOR MOTION DOCKET Friday, March 5, 2010, 1:30 p.m. Please take note that the issue in this case will be heard on the date Date and Time of Hearing set out in the margin and the clerk is requested to note the same on the motion docket for that day, subject to the confirmation ru#. Motion to Certify Ballot Title O NOTE FOR TRIAL DOCKET The undersigned certifies thatthis case is ready for trial setting. All issues have been joined. All responsive pleadings as to all named parties have been filed or proper defaults have been taken. This case is not subject to mandatory arbitration under WCMAR. Either (1) the parties agree that all discovery in the case has been completed, or (2) the parties have filed an Agreed Order on Discovery which specifies the order and timing of discovery and terminates discovery 30 days before trial, or (3) this case has been noted for a scheduling conference before the trial judge. The clerk is requested to note this on the trial setting calendar to be brought on for trial at the time set by the court— subject to the confirmation rule. Dated: yaary R;chard M. Steplens f Address: Groen Stephens & Klinge LLP 11100 NE 8th Street, Suite 750 Bellevue, WA 98004 Telephone: (425) 453-6206 I If Attorney, Party Represented: Petitioner, People for Progressive Transportation Nature of Hearing Date and Time of Trial Setting Calendar Nature of Cause Jury requested: o Yes o No Estimate of Time Required for Trid Reason Exempt from Mandatory Arbitration Names/addresses of other attorneys or parties Pro Se CT51<(aSaL1- Ft-D [Note for Docket.doc]