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HomeMy WebLinkAbout2021 - Whatcom County Prop 2021-13 Percentage of Necessary Signatures for Initiative-Mini InitiativeLanguage on the Ballot: Whatcom County Proposition 2021-13 Percentage of Necessary Signatures for Initiative/Mini Initiative On May 4, 2021, the Whatcom County Council passed Ordinance 2021-032, which proposed to amend Charter sections 5.40 and 5.41—the percentage of signatures necessary for initiatives and mini - initiatives —subject to a vote of the people. If passed, these amendments would change the number of signatures required for an initiative from at least 8% of Whatcom County votes cast in the last election for governor to at least 8% of votes cast in the last regular county executive election. For a mini - initiative, the number of signatures required would change from at least 3% of Whatcom County votes cast in the last election for governor to 3% of votes cast in the last regular county executive election. Should these amendments be approved? O Yes O No Explanatory State m e nt: If passed, these amendments would change the number of signatures required for an initiative from at least eight percent of Whatcom County votes cast in the last election for governor to at least eight percent of votes cast in the last regular county executive election. For a mini -initiative, the number of signatures required would change from at least three percent of Whatcom County votes cast in the last election for governor to three percent of votes cast in the last regular county executive election. Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 January 25, 2022 Whatcom County Dana Brown -Davis 311 Grand Avenue Suite 105 Bellingham, WA 98225 Dear Dana: Diana Bradrick County Auditor Stacy Henthorn Chief Deputy Auditor Enclosed is the Statement of Votes Cast from the November 2, 2021 General Election pertaining to Whatcom County, Proposition 2021-13, Percentage of Necessary Signatures for I nitiative/Mini-Initiative. For the Precinct by Precinct Abstract, please refer to our website at www.whatcomcounty.us/auditor. If you have any questions, please don't hesitate to give me a call at 360-778-5105. Sincerely, e''7LZ Diana Bradrick County Auditor Enclosure Administration Elections Licensing Recording We gladly accept Auditor@co.whatcom.wa.us Elections@co.whatcom.wa.us Licensing@co.whatcom.wa.us Recording@co.whatcom.wa.us relay calls. 360-778-5100 360-778-5102 360-778-5100 360-778-5100 Statement of Votes Cast by Geography Page: 1 of 1 Whatcom County, Washington; General Election November 2, 2021 2021-11-23 All Precincts, All Districts, All ScanStations, WC Proposition 2021-13 Charter Amendment, WCRLD 11:19:35 Proposition 2021-14, All Boxes Total Ballots Cast: 76876, Reqistered Voters: 157062, Overall Turnout: 48.95% Choice Votes Vote % All Precincts 4*6 Proposidon 202143 Charter Amendment (Vote for 1) 76876 ballots (5 over voted ballots, 5 overvotes, 6054 undervotes), 157062 registered voters, turnout 48.95% Yes 38612 54.52% No 32205 45.48% Total 70817 100.00% Overvotes 5 Undervotes 6054 WCRLD Proposition 2021-14 (Vote for 1) 3712 ballots (0 over voted ballots, 0 overvotes, 94 undervotes), 7405 registered voters, turnout 50.13% Yes 2145 59.29% No 1473 40.71 % Total 3618 100.00% Overvotes 0 Undervotes 94 STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) This is to certify that on November 2, 2021, a general election was held in Whatcom County, Washington, for the submission of a ballot measure to the voters for their approval or rejection; That the results of the election were duly canvassed by the Whatcom County Canvassing Board on November 23, 2021, and the results of said canvass are as reads above. Dated this 251h day of January, 2022, Bellingham, Whatcom County, Washington. 7 �'I Diana Bradrick County Auditor Ale'! tA GpM CO, o= �"'SHIS " District Information 441 V atcom County Auditor's OF- 'e Ballot Measure Coversheet District Name: WHATCOM COUNTY COUNCIL District Address: 311 GRAND AVENUE, SUITE 105, BELLINGHAM, WA 98226 Contact Person I Contact Person 2 Dana Brown -Davis, Clerk of the Council Cathy Halka, Legislative Analyst Name & Title Name & Title 360-778-5010 DBrown@co.whatcornma.us CHalka@co.whatcom.wa.us Phone & email Karen Frakes, Chief Civil Deputy Prosecutor Name & Title 360-778-5757, KFrakes@co.whatcom.wa.us Phone & email Resolution with original signatures or a certified copy Explanatory Statement prepared by your attorney, not to exceed loo words "For" and "Against" Committee Appointment Forms Completed Ballot Measure Coversheet Complete if anything Is missing... I understand that the deadline to submit the missing information is Phone & email The Auditor's Office will not begin processing this ballot measure until all required documents have been submitted. Presenter's Signature L Has your attorney prepared this ballot measure? Q Yes ® No (circne Yes No (Ye> No Yes No Yes No RECEIVED AUG U 3 2021 ❑IANA BRADRICK WHATCOM COUNTY AWITOR Deputy Audito nature This form is available in a fillable form on the Auditor's website: http.$, Ki6LW �cofLicgy ty.u;j 5g3�4iSti C R£iQ4LC�i, RECEIVED AUG 0 3 2021 DIANA BRADRICK WHATCOM COUNTY AUDITOR WHATCOM COUNTY COUNCIL CLERK'S CERTIFICATE I, the undersigned, duly chosen, qualified and acting Clerk of the County Council of Whatcom County, Washington, and keeper of the records of the County Council (hereinafter referred to as "Council"), DO HEREBY CERTIFY THAT: 1. The attached document, Ordinance No. 2021-032 — Ordinance submitting to the qualified voters of Whatcom County a proposal to amend Whatcom County Charter Sections 5.40 and 5.41 to align signature requirements for citizen initiatives with Washington State norms, adopted by the Whatcom County Council, is a true and correct copy of the document, consisting of 3 pages, as maintained and duly recorded in my office. 2. Said document is maintained in all respects in accordance with law, and that the content has not, to the best of my knowledge, been altered. 3. I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the County this 28th, day of 3uly, 2021. WHATCOM COUNTY COUNCIL WHATCOM�,CQUNIT►%)�,, WASHINGTON e _ r 4 Fes. Darin Br°®wn-Db C Clerl�;of th p�i�.�� ya.000. � `e RECEIVED AUG 0 3 2021 ©IANABRAaRICK PROPOSED BY: BROWNE, ❑ONOVAN, BUCHANAN WHATCOM COUNTY AUDITOR INTRODUCTION DATE: May 4, 2021 ORDINANCE NO. 2021-032 SUBMITTING TO THE QUALIFIED VOTERS OF WHATCOM COUNTY A PROPOSAL TO AMEND WHATCOM COUNTY CHARTER SECTIONS 5.40 AND 5.41 TO ALIGN SIGNATURE REQUIREMENTS FOR CITIZEN INITIATIVES WITH WASHINGTON STATE NORMS WHEREAS, Washington State secures the right of citizens to make and remake their laws, to petition to place laws directly on the ballot for other voters; and WHEREAS, RCW 29A.72.160 states that persons proposing any initiative measure must obtain signatures of legal voters equal to or exceeding eight percent of the votes cast for the office of governor at the last regular gubernatorial election; and WHEREAS, the Whatcom County Charter Section 5.40, Initiatives — Procedure, states that "Any legal voter or organization of legal voters of Whatcom County may file an initiative proposal with the County Auditor ... The petitioner then has one hundred and twenty (120) days to collect the signatures of the registered voters in the county equal in number to not less than eight (8) percent of the vote cast in the county in the last regular gubernatorial election"; and WHEREAS, the Whatcom County Charter Section 5.41, Mini -Initiative, states that "Any ordinance or amendment to an existing ordinance may be proposed to the County Council by registering with the Auditor initiative petitions bearing the signatures of qualified voters equal in number to not less than three (3) percent of the number of votes cast in the county in the last gubernatorial election"; and WHEREAS, the norm in Washington State is to use the percentage of votes cast for the highest executive office of the entity to which the initiative petition is addressed. For statewide initiatives that means the latest gubernatorial race, for county initiatives the latest county executive race, for city initiatives, the latest mayoral race; and WHEREAS, all First -Class Cities in Washington State (including Bellingham) use the percentage of votes cast in the most recent mayoral race, as do all other cities where initiatives are permitted; and WHEREAS, of the four counties with county executive -council charters the largest two (King and Pierce) use percentage of votes cast in the most recent county executive race, leaving Snohomish as the only other county using the gubernatorial vote; and WHEREAS, gubernatorial and county elections are held in different years, with far higher turnout in gubernatorial elections (137,935 votes cast for governor in 2020, vs. 80,734 votes cast for county executive in 2019), making gubernatorial turnout a vastly disproportionate standard for county initiatives; and WHEREAS, the Whatcom County Charter sets a higher bar than other local governments in Washington State; and WHEREAS, the Whatcom County Council supports the right of citizens to make and remake their laws and to petition to place initiatives directly on the ballot for other voters to consider; and n WHEREAS, the Whatcom County Council does not wish to unduly burden citizens who wish to exercise their rights to propose initiatives. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the County Auditor place on the November 2021 general election ballot a charter amendment that persons proposing an initiative must "collect the signatures of the registered voters in the county equal in number to not less than eight (8) percent of the vote cast in the county in the last regular county executive election," and the requirement for a mini -initiative be "the signatures of qualified voters equal in number to not less than three (3) percent of the number of votes cast in the county in the last county executive election." The changes would amend Section 5.40 and Section 5.41 of the County Charter as shown in Exhibit A. ADOPTED this^.'' t day of June 2021. WHATCOM COUNTY COUNCIL ATr: T' ':` ATCOM WNTYWASHINGTON r [ana Brotvn'Davis, Council.Clerk Barr uchanan, Council Chair APO ROVED'AS°TO FORM:;:% Approv ()Denied Approved by Karen Frakes via email/LB Civil Deputy Prosecutor Satpal Sidhu, Coun t Executive Date: 1-7 02 / EXHIBIT A Section 5.40 Initiative — Procedures. Any legal voter or organization of legal voters of Whatcom County may file an initiative proposal with the County Auditor, who within five (5) days, excluding Saturday, Sunday and holidays, shall confer with the petitioner to review the proposal as to form and style. The Auditor shall give the proposed initiative a number, which shall thereafter be the identifying number for the measure. The Auditor shall then transmit a copy of the proposal to the Prosecuting Attorney, who within ten (10) days after receipt thereof, in consultation with the petitioner shall formulate the ballot title which shall consist of: (a) a statement of the subject of the measure; (b) a concise description of the measure; and (c) a question: "Shall this be enacted into law?" The statement of the subject of the measure must be proposed as a positive statement, be sufficiently broad to reflect the subject, and be sufficiently precise to give notice of the measure's subject matter, and not exceed ten words. The concise description must contain no more than thirty words, be a true and impartial description of the measure's essential contents, clearly identify the proposition to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the measure. Such concise statement will be the ballot title. The petitioner then has one hundred and twenty (120) days to collect the signatures of the registered voters in the county equal in number to not less than eight (8) percent of the vote cast in the county in the last regular fern ffoFia4 cnuntYexecutive election. The one hundred and twenty (120) day period shall begin upon receipt of official notification to petitioner(s) by the Prosecuting Attorney's Office either by certified mail or messenger. If the last day for collecting signatures falls on a weekend or legal holiday, then the one hundred and twenty (120) day period shall extend to the end of the next business day. Each petition shall contain the full text of the proposed measure, ordinance or amendment to an ordinance and the ballot title. The Auditor shall verify the sufficiency of the signatures on the petition and, if it is validated, submit the proposal to the people at the next general election that is not less than one hundred and twenty (120) days after the registering of the petition, unless the County Council enacts the proposal without change or amendment. If the County Council does not adopt the proposed measure and adopts a substitute measure concerning the same subject matter, the substitute proposal shall be placed on the same ballot with the initiative proposal; and the voters shall be given the choice of accepting either or rejecting both and shall then be given the choice of accepting one and rejecting the other. If a majority of those voting on the first issue is for accepting either, then the measure receiving the majority of the votes cast on the second issue shall be deemed approved. If a majority of those voting on the first issue is for rejecting both, then neither measure shall be approved regardless of the vote on the second issue. (Amended by referendum 1986; Amended by Ord. 93-046 (part); Amended by referendum 1995; Amended by referendum 2015). Section 5.41 Mini -Initiative. Any ordinance or amendment to an existing ordinance may be proposed to the County Council by registering with the Auditor initiative petitions bearing the signatures of qualified voters equal in number to not less than three (3) percent of the number of votes cast in the county in the last b ber9+at-ei:i•al _cou]]11vv exectitive election. Upon verifying the sufficiency of the signatures, the Auditor shall transmit the initiative petition to the Council which shall hold a public hearing on the proposed ordinance and enact or reject the ordinance within sixty (60) days. Proposed Ballot Title Basing the Percentage of Necessary Signatures for an Initiative/Mini-initiative on the Last County Executive Election. If passed, these amendments would require that the number of signatures required for an initiative petition be based on a number equaling at least eight percent of the votes cast in the "last regular county executive election" rather than the current "last regular gubernatorial election" and that the number of signatures required for a mini -initiative petition be based on a number equaling at least three percent of the votes cast in the "last county executive election" rather than the current "last gubernatorial election." These amendments would make these provisions consistent with similar provisions in other charter counties. Should these amendments be approved? Yes (m Revised Ballot Title Percentage of Necessary Signatures for Initiative/Mini-initiative If passed, these amendments would require that the number of signatures required for an initiative petition be based on a number equaling at least eight percent of the votes cast in the "last regular county executive election" and that the number of signatures required for a mini -initiative petition be based on a number equaling at least three percent of the votes cast in the "last county executive election," rather than the current "last gubernatorial election." Should these amendments be approved? Yes No Revised Explanatory Statement If passed, these amendments would require that the number of signatures required for an initiative petition be based on a number equaling at least eight percent of the votes cast in the "last regular county executive election" rather than the current "last regular gubernatorial election" and that the number of signatures required for a mini -initiative petition be based on a number equaling at least three percent of the votes cast in the "last county executive election" rather than the current "last gubernatorial election." Passing these amendments would make these provisions consistent with similar provisions in other charter counties. BALLOT TITLE AND EXPLANATORY STATEMENT — CHARTER AMENDMENTS BASING THE PERCENTAGE OF NECESSARY SIGNATURES FOR AN INITIATIVE/MINI- INITIATIVE ON THE LAST COUNTY EXECUTIVE ELECTION If passed, these amendments would require that the number of signatures required for an initiative petition be based on a number equaling at least eight percent of the votes cast in the "last regular county executive election" rather than the current "last regular gubernatorial election" and that the number of signatures required for a mini -initiative petition be based on a number equaling at least three percent of the votes cast in the "last county executive election" rather than the current "last gubernatorial election." These amendments would make these provisions consistent with similar provisions in other charter counties. Should these amendments be approved? YES NO