Whether or not it makes it onto the November ballot, Initiative 1639 is certain to be polarizing. By dealing with steps designed to curb gun violence, the proposed initiative wades into an inevitable firestorm, the kind that generates heated discussion from both sides of the issue.
Before voters receive a chance to weigh in on the matter, it will be up to Secretary of State Kim Wyman and her staff to decide whether the initiative will be on the ballot. Given the contentious nature of that question, Washington is fortunate that Wyman has a history of thoughtful independence as the state’s top elections official.
Supporters of I-1639 last week turned in 375,000 signatures, easily surpassing the threshold of 259,000 required for a place on the November ballot. As dictated by state law, the secretary of state’s office must validate those signatures before sending the measure to voters, but I-1639 comes with some additional concerns. Opponents initially mounted a legal challenge to the ballot title, delaying the collection of signatures, and now they are challenging the petition that was circulated for signature gathering.
Arguing that the font on the petition was too small to be read and that it did not include underlines and strike-throughs indicating which state laws would be changed, critics say the measure should be disqualified. Last week, Supreme Court Commissioner Michael Johnson placed the onus upon Wyman’s office — where it belongs.
Sam Reed, Wyman’s predecessor as secretary of state, told The (Tacoma) News Tribune: “It would be totally unacceptable for the Legislature to vote on proposed legislation without the strike-outs and underlines. Since the public is acting as the Legislature with initiatives they need to meet the same standards.”
On Friday, Wyman acknowledged the legal questions surrounding the initiative. “RCW 29A.72.100 requires that a ‘readable, full, true, and correct’ copy of the proposed measure be printed on the reverse side of the petition,” she said. Wyman added that the “Legislature has limited the authority of the secretary of state regarding this topic. State law does not provide the secretary of state authority to reject petition sheets based on the requirements in RCW 29A.72.100, which addresses what must be printed on the back of the petition.” She also said state law requires that explanatory language be included in the Voters Pamphlet for any ballot measure.
At a time when national debate regarding voting rights and voter registration are prevalent and contentious, we trust that Wyman will do her best to follow the law in deciding whether to place I-1639 on the ballot. Wyman — who, by the way, is a Republican — long has placed concern for Washington voters and for our election system ahead of partisan politics.
That is not to imply that the fate of Initiative 1639 will close the partisan divide. The issue is likely to attract additional legal challenges whether or not it is sent to voters. The measure would raise the minimum age from 18 to 21 for purchasing a semi-automatic weapon; would require background checks by local law enforcement for such a purchase; would require firearm safety training for gun owners; and would codify additional safety measures.
Such measures are inevitably combative, and the Bellevue-based Second Amendment Foundation has led the effort to keep I-1639 off the ballot. Regardless of the outcome of that effort, residents should accept the decision of the secretary of state and move on to the next step in the debate over gun control.
