The U.S. state of Washington has had a system of direct voting since gaining statehood in 1889. Citizens and the state legislature both have the ability to place new legislation, or legislation recently passed by the state legislature, on the ballot for a popular vote. Washington has three types of ballot measures that can be voted on in a general election: initiatives, referendums, and legislatively referred constitutional amendments. In order to be placed on the ballot, supporters of a measure must gather signatures from registered voters.[1] From 1898 to 1912, the only ballot measures allowed were legislatively referred constitutional amendments. In 1912, an amendment successfully passed to create a citizen-led process for initiatives and referendums, and the first successful initiative was passed in 1914.[2]
Since adopting this process, ballot measures have become widely accepted as part of Washington's electoral system. As of 2020,[update] over 2,000 different initiatives had been filed with the state, along with a significantly smaller number of referendums.[3][4][5][6] Of those, only a fraction have received the required signatures to be placed on the ballot.[2] In recent years, ballot measures have been used to legalize politically contentious policies such as assisted suicide, same-sex marriage, and marijuana use.[7][8][9] The use of signature gatherers (workers paid to gather signatures for ballot measures) has attracted significant controversy in the state, as has some activists' aggressive approach to ballot measures.[10][11]
Background
Supporters of women's suffrage campaign in 1910
Washington entered the United States as a territory in 1853 and was admitted as the 42nd state on November 11, 1889.[12] The Constitution of Washington, which had itself been approved by a vote of the people, laid out the first guidelines for ballot measures. Article XXIII, Section 1 dictated that constitutional amendments required passing by a two-thirds vote in the state legislature and being approved by a majority of voters in the next general election. This section also required that details of the amendment should be published in newspapers across the state before election day.[13]
In 1912, Constitutional Amendment Article II, Sec. 1 passed. This amendment granted people the power to place measures on the ballot every election via petition. For one of these measures to be valid, it needed signatures of support from at least eight percent of the voting population, based on turnout from the previous election.[13] Initiatives allowed people to propose new laws and referendums allowed people to challenge laws passed by the legislature. This system of "direct legislation" had previously been implemented in Oregon by William Simon U'Ren. In the time since this amendment's passage, initiatives and referendums have become a prominent piece of Washington's electoral landscape.[2]
The prominence of ballot measures, especially citizen-submitted ones, has allowed Washington to lead the nation in social issues. In 1910, people approved an amendment granting women the right to vote, making Washington the fifth state to guarantee women's suffrage.[14] The passage of Initiative Measure 1000 (the "Death with Dignity Act") in 2008 made Washington the second state in the nation to legalize assisted suicide.[7] The following year, voters approved Referendum Measure 71, which marked the first time voters had expanded recognition of queer relationships at the ballot box.[15] In 2012, Referendum Measure 74 passed, making Washington the ninth state to recognize same-sex marriage and the third to do so by popular vote.[8] That same year, the passage of Initiative Measure 502 led to Washington becoming the first state to fully legalize marijuana for recreational use.[9]
While state law on signature gathering includes a recommendation that organizers should not be paid to gather signatures, the practice of paying workers per signature gathered has been legal in Washington since 1994.[16] Supporters of the practice claim that it allows campaigns to extend their reach and makes ballot access more accessible and point to measures that have passed with widespread public support as evidence. The practice has been criticized for potentially allowing campaigns to "buy their way onto the ballot", most notably by former Secretary of State Ralph Munro.[17][10] Some paid signature gatherers have been arrested on charges of forgery and election fraud for placing fake signatures on petitions.[18][19]
Since sponsoring his first measure in 1997, Tim Eyman has been the most prolific sponsor of initiatives and referendums in the state.[20] He has had 17 initiatives placed on the ballot as of 2021, with 11 being approved. Of those, only two have not since been overturned or modified by the courts.[11][21] Eyman's 2007 Initiative Measure 960 passed with 51% of the vote and created a new system of "advisory votes" for all tax increases passed by the legislature in Washington. While most of this initiative was overturned by the Washington Supreme Court in 2013, this system still stands. Advisory votes are not legally binding and exist solely to measure public approval, as such, they are not considered to be ballot measures.[22][23]
Types of ballot measures
A ballot from 2012 showing Referendum 74 and Initiative 502, which legalized gay marriage and marijuana.
Initiatives
There are two types of initiatives in Washington.
Initiatives to the People are placed on the ballot and, if passed, become law. These initiatives require a number of signatures equal to or greater than eight percent of the votes cast in the previous state gubernatorial race. The signatures must be gathered over a period of six months.[13][24]
Initiatives to the Legislature are first submitted to the Washington Legislature for consideration. These initiatives require a number of signatures equal to or greater than eight percent of the votes cast in the previous state gubernatorial race. The signatures must be gathered over a period of ten months. If the legislature passes the initiative, it is enacted into law. If the legislature rejects the initiative, it is placed on the ballot for a vote of the people. If the legislature passes an alternative version, both the original and modified version will appear on the ballot.[13][24]
Referendums
There are two types of referendums in Washington.
Referendum measures are laws that have been passed by the legislature and are up for recall. These referendums require a number of signatures equal to or greater than six percent of the votes cast in the previous state gubernatorial race.[13][24]
Referendum bills are proposed laws that are placed on the ballot by the legislature. If passed by a public vote, they become law.[13][24]
Legislatively referred constitutional amendments
Legislatively referred constitutional amendments are changes to the Washington State Constitution which have been approved by the legislature but require approval from the people. They require a two-thirds vote in the state legislature before being placed on the ballot.[13]
1800s
1898
Ballot Measures from 1898
Measure name
Description
Status
Yes votes
No votes
Constitutional Amendment Article VII, Sec. 2
An amendment creating a standard rate of taxation that would have been applied to all property in the state[25]
An amendment determining that all laws, except those relating to the budget and those passed in a state of emergency, should go into effect 90 days after being signed by the governor[31]
A measure requiring convicts to act as employees for infrastructure projects such as the construction of highways, with their paychecks being sent to their dependent families[32]
A measure banning the practice of mandatory overtime and requiring that employers offer additional pay if their employees worked more than eight hours in a single day[32]
A measure granting the state government the power to regulate individuals and businesses involved in the selling of securities, for the purpose of preventing fraud[32]
A measure abolishing the state's "bureau of inspection and supervision of public offices" and transferring all power and responsibility held by the office to the state auditor[32]
A measure creating a public retirement fund for teachers and school administrative officials, with the fund being overseen by an independent board of trustees.[32]
A measure authorizing $40,000,000 in funds for an irrigation project in Grant, Adams, Chelan, and Douglas counties (equivalent to $1,200,000,000 in 2022)[32]
A measure prohibiting the production, distribution, and storage of alcoholic beverages, except in cases when alcohol has been prescribed by a doctor[32]
A measure allowing private citizens to purchase alcoholic beverages for home use, allowing hotels to sell alcoholic beverages, and implementing a licensing system for producers and sellers[34]
A measure legalizing the production and sale of beer, provided it has an alcohol content between one and four percent and the producer and seller are licensed by the state[34]
An act creating state and county-level political conventions for each party and instead requiring them to nominate their candidates for office at convention rather than through a primary election[34]
A measure requiring that public utility services gain certification from a state-level commission, with certifications only being awarded if the commission sees a need for a new utility service[34]
A measure requiring that local governments, school districts, parks districts, and port districts set budgets every year and only incur expenses within the confines of their budget[34]
A measure prohibiting the sale, manufacture, and storage of alcohol for all purposes except religious. This measure would supersede previous ballot measures which established that alcohol was only acceptable for medical reasons.[36]
An amendment fixing the salary of the state governor, lieutenant governor, secretary of state, treasurer, auditor, attorney general and superintendent[38]
A measure requiring the government to pay veterans of World War One $15 a month for the rest of their life, provided that they were residents of Washington at the time of their service (equivalent to $200 in 2022)[38]
A measure establishing a state school fund capable of providing $30 of funding per student and distributing funding to different schools and districts based on their enrollment (equivalent to $1,000 in 2022)[40]
An amendment requiring trials for people who committed crimes on trains, boats, or other vehicles to be tried in any county the vehicle passed through, rather than the one the crime was committed in[40]
An amendment compensating every state legislator $300 a year (equivalent to $5,000 in 2022) and 10¢ for every mile of travel (equivalent to $2 in 2022)[44]
An amendment redefining the categorization of property for taxation (in which property was taxed at an equal rate) in favor of a progressive tax system[46]
A measure allowing local governments to create public utility districts, providing for the construction of power plants and water treatment facilities, and authorizing taxes to fund those public utility districts[48]
An amendment redefining the categorization of property for taxation (in which property was taxed at an equal rate) in favor of a progressive tax system[48]
A measure establishing an income tax for the purposes of funding the state budget, removing the property tax that previously funded the budget, and establishing a program to handle the administration of the tax[50]
An amendment granting the state legislature the power to temporarily increase the money amount or property value involved in a controversy to give the Washington Supreme Court jurisdiction in that case[50]
A measure banning fish traps for salmon in state waters, net fishing for salmon in the Columbia River, creating distinct areas for trolling, and establishing a salmon fishing season[52]
A measure to increase compensation for state legislators to $10 a day, with $5 a day for expenses and $5 a day for services and mileage (equivalent to $200 in 2022)[54]
A measure requiring that unions provide employers with written demands before strikes and only call for strikes after a majority of their members vote for one. This measure would also fine employees and unions who fail to meet these standards.[56]
An amendment authorizing the state legislature to provide that stockholders of banks organized under Washington law be relieved from personal liability to the same extent as stockholders in national banks organized under federal law[58]
A measure to expand industrial insurance by increasing benefits for injured workers, raising the age of minor dependents, and providing additional time for filing a claim[60]
A measure providing for the creation of a State Social Security Board and a State Social Security System, which would expand the scope of unemployment benefits, disability benefits, and senior citizen's benefits[62]
A measure implementing a 3% tax on income, with all revenue directed towards monthly payments of $60 for the elderly, blind, disabled, and widows (equivalent to $1,000 in 2022)[62]
A measure creating a State Timber Resources Board which would have final say on all purchases and sales relating to state timber and state forest land[64]
A measure regulating the sale of alcohol, restricting the amount of liquor licenses issued, and imposing fines on businesses that sell alcohol without a license[66]
A measure providing $20,000,000 for the construction of new buildings at state charitable, educational, and penal institutions (equivalent to $243,000,000 in 2022)[68]
An amendment permitting Canadians to own land in Washington, provided that they live in a province in which citizens of Washington are allowed to own land[68]
An amendment granting superior courts jurisdiction in cases where the controversy amounts to $1,000 or less (equivalent to $11,000 in 2022) and granting justices of the peace jurisdiction in cases where the controversy amounts to less than $300 (equivalent to $3,000 in 2022)[70]
An amendment forbidding the state legislature from overturning an act approved by the people until either two years have passed since the vote or two-thirds of the state legislature vote in favor of overturning such an act[70]
An amendment requiring all state-level judges to retire by the age of 75 and allowing the state legislature to lower the age and add additional causes for retirement[70]
A measure to establish an independent Board of Chiropractic Examiners which would oversee educational requirements for chiropractors and implement increased educational requirements[72]
A measure increasing regulation of commercial salmon fishing by creating fishing districts, establishing preserves where fishing is prohibited, and authorizing law enforcement to seize illegal fishing gear without warrants[72]
An amendment requiring initiatives to receive signatures equal to 8% of total votes cast in the last election and referendums to receive signatures equal to 4% of total votes cast in the last election before being placed on the general ballot[74]
A measure allocating up to $25,000,000 for the construction of new buildings at state charitable, educational, and penal institutions; along with new buildings at state supported institutions of higher learning (equivalent to $254,000,000 in 2022)[76]
An amendment forbidding the legislature from granting additional compensation to public employees after their service has been completed, with an exception for pension payments[76]
A measure providing civil service status for employees of county sheriff departments and creating an independent civil service commission to handle any administrative tasks that arise as a result of this measure[76]
An amendment permitting school districts to implement tax levies if approved by at least three-fifths of the affected population in a vote of the people[76]
A measure prohibiting the construction of large dams along specific stretches of the Columbia River if it would interfere with the migration range of fish[78]
An amendment reducing residency requirements for voting in elections, allowing Native Americans to vote in elections, and allowing new movers to the state to vote in elections[80]
An amendment empowering the legislature to temporarily fill other state-level elected positions if an emergency resulting from enemy attack prevents the incumbents from fulfilling their duty[80]
An amendment permitting cities and towns to authorize tax levies in excess of the legal limit if three-fifths of the affected population approves in a vote of the people[80]
An amendment permitting school districts to authorize tax levies in excess of the legal limit if three-fifths of the affected population approves in a vote of the people[80]
An amendment requiring that any proposed changes to the constitution be published in weekly newspapers throughout the state at a regular basis leading up to the election[80]
A measure authorizing $40,575,000 to be distributed to institutions of higher education, the department of institutions, the department of natural resources, and other needs identified by the legislature (equivalent to $366,000,000 in 2022)[84]
An amendment extending the right to vote in the presidential elections to all US citizens, provided that they have lived in Washington at least 60 days and intend to make Washington their permanent residence[84]
A measure authorizing up to $25,000,000 for the construction and improvement of water pollution control facilities (equivalent to $210,000,000 in 2022)[86]
A measure creating a new state agency called the Full Employment Commission and requiring timber harvests to be processed at plants employing Washington residents[86]
A measure extending the previous authorization of $40,000,000 in funding for the purchase and development of outdoor recreational areas (equivalent to $337,000,000 in 2022)[88]
A measure extending the previous authorization of $25,000,000 in funding for water pollution control facilities (equivalent to $210,000,000 in 2022)[88]
A measure requiring political campaigns to disclose the source of their funding, limiting the amount of money that can be spent as part of a campaign, and regulating the activities of lobbyists[90]
A measure authorizing $225,000,000 in funding for the construction and improvement of public waste disposal facilities (equivalent to $1,574,000,000 in 2022)[90]
A measure authorizing $40,000,000 in funding for the construction and improvement of recreation areas and facilities (equivalent to $280,000,000 in 2022)[90]
A measure authorizing $50,000,000 in funding for the construction and improvement of public transportation systems (equivalent to $350,000,000 in 2022)[90]
A measure outlining new requirements for nuclear power plants and requiring that they only be constructed if two-thirds of the legislature approves[99]
An amendment allowing legislators to hold other civil offices, provided that they not receive salary increases for that office while they hold a legislative position[104]
An amendment creating an independent judicial qualification commission and empowering the Washington Supreme Court to remove judges upon the commission's recommendation[106]
An amendment removing constitutional limitations on Superior Court commissioners and delegating the power to create new limitations to the legislature[108]
An amendment giving the Secretary of State forty days to validate initiative petitions and prohibiting the legislature from undoing successful initiatives[108]
A measure to grant the state sole authority of natural resource management and petitioning the United States Congress to decommercialize steelhead[114]
A measure allowing state officials to challenge federal selection of nuclear waste repository sites and requiring a vote of the people if a Washington site was selected[118]
A measure allowing Washington to challenge the constitutionality of some authorities delegated to the Federal Reserve in the United States Supreme Court[120]
An amendment allowing retired Superior Court judges to handle pending cases, provided that the judge had already ruled in the case before retiring[120]
A measure to impose a 0.7% tax on hazardous substances to fund hazardous waste cleanup programs. This measure was one of two options. The other option exempted some hazardous waste from taxation.[122]
A measure expanding the fish and wildlife commission's power to include shellfish and food fish regulation, the negotiation of interstate compacts, and the appointment of its own director[137]
An amendment enabling the legislature to reduce the size of the Washington Supreme Court and making the position of Chief Justice an elected position by members of the Court[137]
A measure reducing vehicle excise taxes and authorizing $1.9 billion in funding for state and local highways (equivalent to $3,411,000,000 in 2022)[144]
A measure prohibiting government from discriminating or granting preferential treatment based on race, sex, color, ethnicity or national origin in public employment, education, and contracting[144]
A measure lowering motor vehicle excise taxes to $30 a year, requiring voter approval for any tax increase, and repealing existing vehicle taxes (equivalent to $50 in 2022)[146]
A measure imposing additional taxes on cigarettes and wholesale tobacco products, to be spent on expanded health care services for low-income persons[151]
A measure repealing existing state ergonomics regulations and prohibiting the adoption of new regulations until a uniform federal standard is required[157]
A measure authorizing slot machines in non-tribal gaming establishments, with part of the tax revenue raised from this being used to reduce property tax[159]
A measure requiring cleanup of hazardous waste before additional waste is added, prioritizing cleanup, and providing for public participation and enforcement through citizen lawsuits[159]
A measure prohibiting smoking in buildings and vehicles open to the public, including areas within 25 feet (7.6 m) of doorways and ventilation openings[161]
A measure opening high-occupancy vehicle lanes to all traffic during specific hours, requiring traffic light synchronization, increasing roadside assistance funding, and dedicating some taxes to traffic-flow purposes[168]
A measure closing all state liquor stores, licensing private parties to sell and distribute alcohol, and revising some laws dealing with alcohol taxation[172]
A measure to urge the Washington state congressional delegation to propose a federal constitutional amendment reserving constitutional rights for people, not corporations[186]
A measure raising the minimum age to purchase a semiautomatic assault weapon to 21, adding background checks, waiting periods, and enacting storage requirements[188]
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