Resolution in Support of Improving Ballot Design
when Competing Measures are Considered

WHEREAS, in 2014 and in 2022, two competing ballot measures were placed on the ballot for consideration by the voters of Seattle;

WHEREAS, the format for competing ballot measures prescribed by state law in RCW 29A.36.071 and RCW 29A.72.050 leads to significant voter confusion because voters are required to answer a yes/no question about whether they want either measure adopted before they vote on which measure they prefer;

WHEREAS, the City of Seattle Charter Article IV, Section 1G provides as follows:

In case the City Council shall, after rejection of the initiative measure, have passed a different measure, dealing with the same subject, it shall be submitted at the same election with the initiative measure and the vote of the qualified electors also taken for and against the same, and if both such measures be approved by a majority vote, if they be conflicting in any particular, then the one receiving the highest number of affirmative votes shall thereby be adopted, and the other shall be considered as rejected.

WHEREAS, caselaw has established that state law trumps the City of Seattle Charter in this instance; and

WHEREAS, the ballot structure contemplated by the City of Seattle Charter allows voters to more clearly articulate their preference for competing policy options;

RESOLVED, that the King County Bar Association supports legislation that would allow the City of Seattle Charter language to go into effect in the event of competing ballot measures, such that voters would have the opportunity to express support for or opposition to each measure independently.