King County Local Voters' Information Pamphlet Administrative Rules

Signed Document, PDF (5.28 MB)

2.0 PURPOSE:

2.1 To establish uniform requirements and procedures for local jurisdictions within King County wishing to participate in and contribute to the preparation and distribution of a local voters' information pamphlet for general elections and for primary and special elections when authorized.

3.0 ORGANIZATIONS AFFECTED:

3.1 Each city, town, and special taxing district located within King County. 3.2 The Metropolitan King County Council as the legislative authority of the county.

3.3 The King County Division of Records and Elections, Department of Executive Administration.

4.0 REFERENCES:

4.1 Revised Code of Washington (RCW) Chapter 29.8 1 A - Local Voters' Pamphlets. 4.2 Washington Administrative Code (WAC) Chapter 346-81 - Voters' Pamphlet.

4.3 King County Code (K.C.C.) Chapter 1.10 - Voters' Pamphlet.

5.0 DEFINITIONS:

5.1 "Local voters' pamphlet" or LVP shall mean a pamphlet prepared by the King County Records and Elections Division containing locally prepared information on ballot measures and candidates for county elections and for other participating jurisdictions within King County. The voters' pamphlet contains information including but not limited to registration and voting procedures. 5.2 "Jurisdiction" shall mean any city, town or district located within King County for which elections are held.

5.3 "Participating Jurisdiction" shall mean any jurisdiction participating in the publication and distribution of a King County local voters' pamphlet.

5.4 "Explanatory statement" shall mean the statement prepared by the appropriate jurisdiction's attorney stating the effect of a ballot measure, if passed into law.

5.5 "County canvassing board" shall mean the board formed for the purpose of thoroughly examining or scrutinizing the conduct of an election, the election results, questionable ballots and other activities required by law or requested by the Manager; and shall include the Manager, the County Executive and the Prosecuting Attorney or their designated representatives.

5.6 "Manager" shall mean the Manager, King County Records and Elections Division, or designee.

5.7 "Deadline" shall mean the close-of-business for the Records and Elections Division (4:30 p.m.), unless otherwise stated, of the day indicated.

5.8 "Days" means calendar days when making reference to a deadline, such as "90 days prior to publication."

5.9 "Publication date" means the date on which the LVP material goes to the printer for publication, which shall be determined to be four weeks prior to the primary or election date.

5.10 "Filing period" means the period prescribed by law during which candidates for elective office file their candidate declarations with the appropriate filing offices.

6.0 POLICIES:

6.1 INTENT AND NOTIFICATION

6.1.1 King County will publish a local voters' pamphlet (LVP), as provided in state law,
(a) For every general election;
(b) For every odd-numbered year primary and for other primary for which King County has an office or measure on the ballot; and
(c) For special elections when authorized by the County Council.

6.1.2 For every election for which a LVP will be published, the Manager will notify all jurisdictions subject to participation not later than:

(a) May 1 for primary and general elections, and (b) 45 days prior to publication of the LVP for special elections.

6.2 PARTICIPATION OF JURISDICTIONS
For each primary or election for which the County Council authorizes the publication of a local voters' pamphlet, each jurisdiction entirely within the County which has an elective office or measure on the ballot for that election or primary shall be a participating jurisdiction. 6.2.1 Exceptions to the foregoing policy are:

(a) A first class or code city which publishes and distributes its own voters' pamphlet for an election or primary for its offices and measures;
(b) Any other city or town which is obligated by ordinance or charter to publish and distribute its own voters' pamphlet for an election or primary for its offices and measures; or

(c) Any jurisdiction whose legislative authority claims that participation with the County will create an undue financial hardship for the jurisdiction. Such jurisdiction shall not later than 75 days prior to publication of the pamphlet, petition the County Council to waive the participation requirement. The County Council must grant or deny the waiver not later than sixty days prior to the publication of the LVP.

6.2.2 Any jurisdiction exempted under the provisions of Section 6.2.1 may nevertheless enter into an interlocal agreement with the County to have offices or measures of that jurisdiction to appear in the LVP.

6.2.3 Any jurisdiction not entirely within King County may elect to participate in the King County LVP subject to King County negotiating an interlocal agreement with the other county in which the jurisdiction lies.

6.3 SPECIAL ELECTION - NO COUNTY VOTERS' PAMPHLET

6.3.1 King County does not produce a voters' pamphlet for special elections unless specifically directed to do so by the County Council, or requested to do so by a jurisdiction having a measure on the special election ballot. 6.3.2 If there is no county measure or elected county office on the ballot for a given election, a jurisdiction may request that a voters' pamphlet be prepared for that election at the jurisdiction's expense. The cost of producing the pamphlet will be added to the cost of the election.

6.3.2.1 If the election is conducted by mail ballot, the voters' pamphlet shall be incorporated as part of the voters' guide mailed with each ballot not later than 15 days prior to the election.
6.3.2.2 If the election is held at the polls, separate mailing of the voters' pamphlet will be made approximately 2 weeks before the election.

6.3.3 The request for the preparation and distribution of a LVP by a local jurisdiction should be by means of a resolution, worded substantially as follows:

"Pursuant to R.C.W. 29.81A.010, it is requested that the County Council authorize the publication and distribution of a local voters' pamphlet for this jurisdiction to cover the ballot measure (or measures) identified in this resolution. It is understood that the cost of producing and distributing the pamphlet will be a cost of the election as provided in R.C.W. 29.81A.070."

6.3.4 A certified copy of the resolution requesting the voters' pamphlet shall be delivered to the Manager not later than sixty days prior to the election date in order for the preparation and adoption of the County Council's ordinance authorizing the publication to be completed by the statutory forty-day deadline.

6.4 PARTICIPATION DEADLINES

6.4.1 Mandatory Participation - No Deadline. Jurisdictions entirely within King County are considered participants for LVP's produced for primaries and general elections in odd-numbered years. Jurisdictions which have no measures for and whose candidates are exempted from the primary ballot will be exempted from the primary LVP. 6.4.2 Mandatory Participation - Deadline. Jurisdictions which expect to have a ballot measure or an elective office on the ballot for one of the following circumstances shall notify the Manager of their intentions to do so as indicated:

(a) Even numbered year primary or general election - no later than 60 days prior to the publication of the primary or general election LVP. (b) Special election for which the County has indicated it will produce a LVP - no later than 5 days after notification of publication has been received if a resolution placing a measure on the ballot has not already been delivered

6.4.3 Late Additions to the Ballot. Jurisdictions that have ballot measures or offices for election that arise after the 60 day deadline indicated above shall notify the Manager as soon as it is known, but in any case, no later than forty-five days prior to the primary or election for which the LVP is produced.

6.5 ESTABLISHMENT OF STATEMENT COMMITTEES - DEADLINE

6.5.1 For each measure from a jurisdiction that is included in the LVP, the legislative authority of the Jurisdiction shall formally appoint: (1) A committee to prepare arguments advocating voters' approval of the measure (the proponents) and (2) A committee to prepare arguments advocating voters' rejection of the measure (the opponents).

6.5.2 Each committee shall have no more than three members. However, a committee may seek the advice of any person or persons. Members shall be appointed from persons known to favor or oppose the measure as appropriate. Each committee should select a spokesperson for that committee.

6.5.2.1 If such persons are not immediately known, the jurisdiction should employ some formal means of notifying the public that members for the proponent or opponent committee are being sought. 6.5.2.2 Members should not be drawn from the legislative authority of the jurisdiction sponsoring the ballot measure, or from members of its staff, in order to avoid any appearance of a conflict of interest.

6.5.2.3 If the jurisdiction is unable to identify persons to serve on either or both statement committees, the jurisdiction shall notify the Manager no later than the deadline date for committee appointments. Such notification shall detail the efforts made to establish the committee(s). A statement to that effect will be placed in the LVP.

6.5.3 Jurisdictions responsible for establishing committees to prepare arguments in favor of or in opposition to any ballot measure shall submit the names of the committee members, the spokesperson for the committee, and how that person can be readily contacted, not later than forty-five days before the publication of the LVP, using a copy of the form displayed at Appendix 9.2.

6.5.4 If a measure is submitted to the Manager between the 45 day deadline indicated in Section 6.5.3 and the deadline specified for measures in RCW 29.13.020, then the names of the committee members must be submitted concurrently with the resolution placing the measure on the ballot.

6.5.5 The jurisdiction shall provide appointed committee members with copies of the instructions, specifications, and deadlines contained herein regarding arguments and rebuttals.

6.6 COMPOSITION

As required by state law, the LVP shall contain, as a minimum, the following information: (a) The ballot title of each measure to be considered. (b) An explanatory statement prepared by the Jurisdiction and approved by the jurisdiction's attorney describing the effect of the measure passed.

(c) A local focus section prepared by the jurisdiction (optional).

(d) Arguments for and against each measure to be submitted by committees selected for that purpose.

(e) Rebuttals prepared by each of the committees in response to the arguments submitted by the opposing committee.

(f) When applicable, photographs and statements from candidates for elective public offices.

(g) Instructions on the process for registering, applying for absentee ballots and voting.

6.7 DEADLINES FOR SUBMISSION OF MATERIAL FOR PUBLICATION

6.7.l All candidates' statements and photographs must be submitted to the Manager within three days of the closing of the filing period for a primary. For the primary, no submission will be accepted after this date. If a different statement for the general election is desired than the statement submitted for the primary, that statement must be submitted to the Manager within three weeks of the closing of the regular filing period. If no new statement is received by this deadline, the statement used for the primary LVP will also be used for the general election LVP. 6.7.1.1 Candidates exempt from the primary ballot must submit their material within three weeks of the closing of the regular filing period for inclusion in the general election LVP. 6.7.1.2 In the event of a special filing period, or appointment as a candidate by a political party after the regular filing period, material must be submitted within three days of the special filing period or appointment.

6.7.2 The local focus section, when used, shall be filed with the Manager no later than 45 days prior to the LVP publication.

6.7.3 Proposition number (if applicable), ballot title, and explanatory statement for any ballot measure shall be filed with the Manager no later than forty-six days prior to the election.

6.7.4 Arguments in favor of or in opposition to any ballot measure, prepared by a committee designated in accordance with state law (RCW 29.81A.080), shall be filed with the Manager no later than seven days after the deadline for appointing the committee.

6.7.5 Rebuttals, if any, shall be filed with the Manager no later than five days after the deadline for submission of arguments. Arguments or statements in favor of or in opposition to a ballot measure prepared and filed pursuant to paragraph 6.7.4 above, shall be available to opposing ballot measure argument committees after 4:30 p.m. of the day the arguments are due.

6.7.6 In the event of a late submission of committee members as provided in section 6.5.4, the due date for the submission of arguments is three days following the submission of the committee assignments; and the due date for rebuttals is two days following the submission deadline for arguments.

6.7.7 Once submitted and received by the Manager, arguments and rebuttals may not be withdrawn or changed except as provided in section 6.12.3.

6.8 SPECIFICATIONS - LOCAL FOCUS SECTION

6.8.1 The local focus section will describe the jurisdiction. It may describe boundaries, mission statement, legal mandates of the governing body, and any unique characteristics of the jurisdiction. 6.8.2 Where appropriate, the Manager may request that a separate local focus section be submitted describing the functions of a specific office within a jurisdiction.

6.8.3 The local focus section shall contain not more than 50 words, and may not include any current ballot information.

6.9 SPECIFICATIONS - STATEMENT FOR BALLOT MEASURES

6.9.1 Explanatory Statement: An explanatory statement shall be prepared for each measure included in the voters' pamphlet. It shall be prepared in block paragraph style, not to exceed 250 words in length, by the responsible jurisdiction and must be approved by the jurisdiction's attorney. The statement shall cover only the anticipated effect of the measure should it be passed into law. The statement shall not intentionally be an argument likely to create prejudice either for, or against, the measure. 6.9.2 Arguments and Rebuttals

(a) Limitations on the length of committee arguments are based upon the space available within the pamphlet. The general limitation on text length using block paragraph without indentation or the use of "bullets" is 200 words or less except 500 words may be used for municipal incorporation measures. Rebuttals shall be limited to 75 words or less. (b) The use of indentation and "bullets" to emphasize issues and to make the copy more readable is permissible, but will reduce the allowable text length proportionately. In the event of any question regarding length under these circumstances, the decision of the Manager as to the length shall be final. Preparing committees shall be notified by the Manager if the text is excessive and shall be allowed to edit the text if time permits.

(c) The name of the committee, or the committee members preparing the statement and a phone number where additional information on the argument may be obtained shall be added after the statements but shall not be included in the statement word counts. Committee member's titles shall not be included.

6.10 SPECIFICATIONS - CANDIDATES' STATEMENTS

6.10.1 Length of Statements. The maximum number of words for candidates' statements shall be as follows:
(a) 300 words - All countywide offices including the offices of county executive, county assessor, prosecuting attorney, superior court judges, and port district commissioners, and elected offices of jurisdictions having over 150,000 registered voters.
(b) 200 words - The offices of the County Council, the district court, and other jurisdictions having between 65,000 and 149,000 registered voters.
(c) 150 words - Offices of all other jurisdictions.

6.10.2 Style. The maximum length of statements is based on the space available in the pamphlet and the use of the block paragraph style. Tables, lists or other types of layouts requiring extra spacing and multiple indentation is permitted but will reduce the allowable text proportionately. The table following provides guidelines for limits less than the maximum word count where these other layouts are used. Should there be a problem with excessive length, the Manager shall attempt to notify the candidate or the candidate's representatives in order to edit the text or adjust the style and format, if time permits. In this regard, early submission is advantageous. In any event, in matters of excessive length, the decision of the Manager to edit shall be final.

(a) For 300 word statements: Spacing is one column 2½" x 8" in 9 point Helvetica font. (Will be printed as 2 columns at 2½" x 4"). (b) For 150 and 200 word statements spacing is one column 5½"x 1¾" in 8 point Helvetica font.

6.10.3 Format

(a) Typewritten, double-spaced on the "candidate's statement form" provided to local jurisdictions by the Manager, or if not available, on 8½ x 11-inch plain white paper with the candidate or measure identified at the upper-right hand corner. (b) If more than one page used, each page shall be numbered sequentially.

(c) A telephone number for a person or office where additional information regarding the candidate may be obtained shall be provided and will be printed below the body of the statement but shall not be included in the word count of the statement

(d) The candidate may also provide the statement on a 3½" floppy disk provided the following information is recorded on the face of the disk: (1) name of candidate, (2) name of word processing program used.

6.11 SPECIFICATIONS - CANDIDATES' PHOTOGRAPHS

6.11.1 Must have been taken within the last two years. 6.11.2 Must show only the candidate's face or face, neck, and shoulders in the manner of a portrait.

6.11.3 Must exclude other images, such as the candidate's hands, anything held in the hands, or other people.

6.11.4 Must not show the candidate wearing a uniform (including judicial robes) or hat or any article of clothing or headpiece bearing an insignia.

6.11.5 Must have a plain background.

6.11.6 Must be a black and white "glossy" print, 8" by 10", 4" by 5", or 5" by 7".

6.11.7 Must not be an informal "snap-shot", cartoon, caricature, or image that does not accurately portray the candidate.

6.12 SUBMISSION OF MATERIAL

6.12.1 All material except arguments for and against a measure and the rebuttals thereto, to be submitted to the Manager, may be delivered: (a) By mail addressed to: Voters' Pamphlet Coordinator
Records and Elections Division
500 Fourth Avenue, Room 553
Seattle, WA 98104

(b) In person or by delivery to:

Elections Section, Room 553
King County Administration Bldg.
Fourth Ave & James Street
Seattle

between the hours of 8:30 a.m. and 4:30 p.m., workdays, Monday through Friday.

6.12.2 Advance copies of material and all arguments for or against a measure and the rebuttals thereto shall be sent directly via FAX to:

Voters' Pamphlet Coordinator
King County Elections Section
(206) 788-5889

6.13 GENERAL PROVISIONS REGARDING SUBMITTED MATERIAL

6.13.1 By preparing and distributing a LVP, King County provides an opportunity to better inform the voting public about measures and candidates on the ballot. Arguments and statements prepared by candidates or committees for or against measures are the responsibility of the authors and are not considered to represent the position of the County regarding the candidate or measure, or of any material contained therein; nor is the County responsible for the validity or accuracy of the statements, arguments or rebuttals. 6.13.2 Candidate statements, arguments for or against a measure, rebuttals, and explanatory statements will not be proofread for any errors in spelling, punctuation or syntax. The Manager may, however, correct obvious typographical or punctuation errors.

6.13.3 Late corrections to a proponent or opponent ballot measure statement will be accepted only if the opposite committee does not object to the correction being made.

6.13.4 Explanatory statements, arguments, candidate statements for or against a measure, and rebuttal statements may be rejected if, in the opinion of the Manager, any argument or statement offered for filing contains obscene, vulgar, profane, scandalous, libelous, defamatory, or treasonable matter; any language tending to provoke crime or a breach of the peace, or any language or matter the circulation of which through the mails is prohibited by any act of Congress. The committee or candidate submitting such a statement may appeal a rejection to the King County Prosecuting Attorney within five business days of rejection by filing an appeal with the Manager. The Prosecuting Attorney will render a decision within five business days of the appeal. The decision of the Prosecuting Attorney shall be final.

6.14 SIMPLIFIED RULES AND GUIDELINES: The Manager may prepare and distribute to participating jurisdictions and other interested parties a simplified version of these administrative rules for each election in which a voters' pamphlet is to be prepared. It shall indicate specific deadline dates for the elections in which one is prepared. Such document shall be considered an extension of these rules and should any discrepancy exist between the individual guidelines and the public rules, the rules shall apply.

6.15 DISTRIBUTION

6.15.1 Copies of the LVP shall be bulk mailed to each residence in the county for general elections and countywide special elections when authorized. 6.15.2 For elections involving less than the entire county and where a specific distribution is desired, copies of the LVP shall be mailed to each registered voter's residence within the jurisdictions served by LVP.

6.15.3 For special elections involving a vote-by-mail election, a copy of the LVP will be mailed to each registered voter unless, in the opinion of the Manager, mailing to residences would be more efficient and economical.

6.16 NON-ENGLISH LANGUAGE VERSIONS

Certain versions of the voters' pamphlet may be reproduced in languages other than English as practical. A notice to the public will be included in the pamphlet that such versions are available and the languages in which they are available, and shall include information regarding where the non-English language pamphlets may be obtained.

7.0 PROCEDURES:

Action By: County Council Action:

7.1 Authorizes production and distribution of a local voters' pamphlet (LVP) by ordinance: (a) For all elections of a specified nature (e.g., all annual countywide elections) on a standing basis, or (b) For a single specific election no later than ninety days prior to general or primary election, or forty-five days prior to a special election.

Action By: Elections Section

Action:

7.2
(a) Acknowledges authorization for the LVP and notifies jurisdictions having candidates or ballot measures on the ballot regarding participation in the pamphlet.
(b) Provides jurisdictions with simplified rules and contemporary deadline dates, forms for participation, and appropriate forms for submissions of material for inclusion in the LVP.
(c) Enters into interlocal agreements where appropriate for co-production of the LVP.

Action By: Participating Jurisdictions

Action:

7.3 Provides information regarding candidate submissions and deadlines to known candidates. 7.4 Prepares local focus sections, when applicable, and forwards to Elections Section. (See SEC. 6.8)

7.5 Has legal counsel propose explanatory statement for submission to Elections Section. (See SEC. 6.7.3 and 6.9.1)

7.6 Appoints committees to prepare arguments in support of and against the ballot measure. Informs Elections Section of appointments. (See SEC. 6.5.3 and 6.9.2)

7.7 Submits materials for publication including photographs and statements, to Elections Section. (See SEC. 6.7.1 for deadline, and 6.10 and 6.11 for specifications.)

Action By: Argument Preparation Committees

Action:

7.8 Prepares and submits to Manager: (a) Arguments for and against the ballot measure, as appropriate. (b) On receipt of opponent's argument, prepares and submits to the Manager a rebuttal statement. (See SEC 6.9.2)

Action By: Elections Section

Action:

7.9
(a) At the deadline for submission of arguments, provides copy of each argument to opponent committee, if any.
(b) On receipt of rebuttal, if any, prepares argument and rebuttal statements for printing.

7.10 Composes, produces and distributes local voters' pamphlets no later than 10 days before the election primary.

8.0 RESPONSIBILITIES:

8.1 The Manager is responsible for ensuring that the requirements of Chapter 1. 1 0 K.C.C. "County policies relating to local voters' pamphlets," are implemented consistent with governing statutes codified in Chapter 29.81 A RCW. 8.2 All jurisdictions are responsible for responding to notifications of intent to publish a local voters' pamphlet and meet the prescribed deadlines.

8.3 Participating jurisdictions and candidates are responsible for providing the required material within the deadlines specified herein.

9.0 APPENDICES:

These appendices are available from the Records and Elections Division: 9.1 Chronological Checklist of Action Due Dates.

9.2 Argument Committee Appointment Form.

Revisions and/or Ammendments

ELE 9-1-1 (PR)

ELE 9-1 (PR)