Sponsored by Washington State Campaign for Democracy
Washington State NOTA Special Election, 1998
An act relating to the establishment of the "Preference None of the Above
(NOTA)" ballot option; providing for the submission to the electorate of the state of
Washington, at a special election no later than Tuesday, June 23, 1998, a referendum to
add the "Preference NOTA" ballot option and reporting requirements in all
general elections, and declaring an emergency.
Preamble:
Governments that derive their just powers from the consent of the governed should provide
a means for the governed to explicitly withhold their consent.
As the percentage of eligible voters participating in our electoral system has dropped to
one of the lowest levels in our nation's history; and
As unopposed candidates and the lack of real choice on the ballot discourages eligible
voters from participating; and
As the ability to cast an explicit protest vote that is reported as part of the official
election results will encourage eligible voters to participate again in our electoral
system; and
As the presence of a "Preference NOTA" option will enable and encourage
consideration of other, further reforms in our electoral system, such as binding NOTA and
preference voting;
Therefore, the Legislature of the state of Washington calls for a special referendum to
approve an act relating to "Preference None of the Above" as a ballot option.
The referendum shall be conducted on or before Tuesday, June 23, 1998, to enable
sufficient time for the responsible public officials to prepare for the 1998 general
elections, should this act be approved by the voters of the state of Washington.
AN ACT Relating to "None of the Above" as a ballot option; and adding a new
section to chapter 29.30 RCW.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
NEW SECTION. Section 1.
A new section is added to chapter 29.30 RCW to read as follows:
Ballots for all general elections governed by the laws of the state of Washington must
provide two "None of the Above" options at the end of each list of candidates
for an office.
Voters shall be allowed to vote:
(a) for candidates only;
(b) for candidates and for None of the Above; or
(c) for None of the Above only.
The following voting results shall be reported:
(a) votes for each candidate only;
(b) votes for each candidate and None of the Above;
(c) votes for None of the Above only;
(d) total votes for each candidate; and
(e) total votes for None of the Above.
"None of the Above" (allowed in combination with a vote for a candidate) and
None of the Above (only, not in combination with a vote for a candidate) must appear on
the ballot on separate lines, equivalent to the lines on which the candidates' names
appear for that office. Instructions to voters must inform voters of their right to choose
"None of the Above" either alone or in combination with a vote for a candidate.
Votes for "None of the Above" are for informational purposes only and can not
affect the outcome of the election.
Should any section, subsection, sentence, clause, or phrase of this act be declared
unconstitutional or invalid for any reason, that determination shall not affect the
validity of the remaining parts of the act.
NEW SECTION. Section 2.
(1) The secretary of state shall submit this act to the people for their adoption and
ratification, or rejection, at a special election to be held in this state on or before
Tuesday, June 23, 1998, in accordance with Article II, section 1 of the state Constitution
and the laws adopted to facilitate its operation. The special election shall be limited to
submission of this act to the people.
(2) The attorney general shall prepare the explanatory statement required by RCW 29.81.020
and transmit that statement regarding the referendum to the secretary of state no later
than the last Monday of April before the special election.
(3) The secretary of state shall prepare and distribute a voters' pamphlet addressing this
referendum measure following the procedures and requirements of chapter 29.81 RCW, except
that the secretary of state may establish different deadlines for the appointment of
comittees to draft arguments for and against the referendum, for submitting arguments for
and against the referendum, and for submitting rebuttal statements of arguments for and
against the referendum.
(4) A county auditor may conduct the voting at this special election in all precincts of
the county by mail using the procedures set forth in RCW 29.36.121 through 29.36.139.
(5) Notwithstanding the provisions of RCW 29.62.020, the county canvassing board in each
county shall canvass and certify the votes cast at this special election in that county to
the secretary of state no later than the seventh day following the election.
Notwithstanding the provisions of RCW 29.62.120, the secretary of state shall canvass and
certify the returns from the counties no later than the ninth day following the special
election.
(6) The secretary of state shall reimbuse each county for the cost of conducting the
special election in that county in the same manner as state primary and general election
costs are reimbursed under RCW 29.13.047 (1) and (3).
(7) No other state, county, or local election shall be required or held on any proposition
related to or affecting the "Preference NOTA" ballot option defined in this act.
NEW SECTION. Section 3.
The Legislature neither affirms nor refutes the value of this proposal, and by this
legislation simply expresses its intent to provide the voter of the state of Washington an
opportunity to express the voter's decision. It is also expressed that many legislators
might personally vote against this proposal at the polls, or they might not.
The Legislature hereby finds as a fact and declares that an emergency exists and that
Section 2 of this act is necessary for the immediate preservation of the public peace,
health or safety or for the support of government and its existing public institutions,
and takes effect immediately.