Ballot Title Appeal for Seattle Initiative Measure 103

8/2/2019 Ballot Title Appeal for Seattle Initiative Measure 103

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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTONFOR KING COUNTY

Envision Seattle; Jeff Reifman in hiscapacity as co-organizer of EnvisionSeattle and principal initiative petitioner,

Petitioner,vs.

CITY OF SEATTLE, aWashington Municipal Corporation,

Respondent

))))))))))

Case No. ________________

RCW 29A.36.090 APPEAL OF BALLOTTITLE

NATURE OF ACTION

Appellant Jeff Reifman is a citizen of the City of Seattle and the State of Washington

and the principal petitioner of The City of Seattle Initiative Measure 103 concerning local

rights and restrictions on corporations to achieve those rights. Mr. Reifman files this petition

on appeal pursuant to RCW 29A.36.090.

RCW 29A.36.090 grants If any persons are dissatisfied with the ballot title for a

local ballot measure that was formulated by the city attorney they may appeal to the

superior court of the county where the question is to appear on the ballot, by petition setting


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forth the measure, the ballot title objected to, their objections to it, and praying for

amendment of it.

Mr. Reifman is dissatisfied with the ballot title assigned by the City Attorney to

Initiative Measure 103 because, as further explained below, the title does not comply with

the requirements of SMC 2.08.020. Mr. Reifman requests that the Court transmit a revised

title to the King County Director of Elections. A form of revised ballot title accompanies this

petition.

Furthermore, Mr. Reifman has negotiated with the City Attorneys representative, Mr.

John Schochet who has tentatively agreed to the proposed revised ballot title.

A copy of the full text of Initiative Measure 103 is set forth in Exhibit A.

CITY ATTORNEYS BALLOT TITLE

The City Attorney has assigned the following ballot title:

BALLOT TITLE

The City of Seattle Initiative Measure 103 concerns local rights and restrictions on

corporations to achieve those rights.

If enacted, the measure would create a local bill of rights relating to corporate

influence on elections and the legislative process, water resources sufficient for orcas and

salmon, and zoning changes subject to neighborhood approval, among other issues. The

measure would prohibit corporations from making political contributions or lobbying,

prohibit former elected officials from working for certain corporations, and specify that

corporations are not persons for purposes of constitutional rights. Any resident may sue to

enforce these rights.

Should this measure be enacted into law? Yes [ ] No [ ]


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ARGUMENT FOR RELIEF

SMC 2.08.020 states The statement shall contain the essential features of such

measure expressed in such a manner as to clearly identify the proposition to be voted upon

and giving a true and impartial statement of the purpose of such measure, and shall not be

intentionally an argument, nor likely to create prejudice, either for or against the measure.

The citys ballot title contains factual errors and uses generalities when there is

space to specifically enumerate the impacts of the ordinance. At other times, it uses

specifics that may create prejudice against the initiative.

The law requires a ballot title without factual errors that clearly states the impact of

the measure without creating prejudice. The City Attorneys ballot title fails these tests.

There is no need to settle for a ballot title that might misinform or prejudice voters when it is

easy to provide one that conforms to the law.

Factual Errors in the City Attorneys Ballot Title

1. The citys ballot title states that Initiative Measure 103 would create water

resources sufficient for orcas whereas the ordinance states it would create the right to

clean water and flows sufficient to protect native fish habitat. Orcas are not fish nor fish

habitat.

2. The citys ballot title states that Initiative Measure 103 would prohibit former

elected officials from working for certain corporations. A reasonable voter might believe

from this that elected officials are permanently prohibited from working at designated

corporations. However, the ordinance prohibition is time-limited and more precise: elected

official to seek employment from a Corporation within three years of voting on legislation


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that directly benefits it, if said Corporation has at least one office in Seattle and more than

5,000 employees worldwide.

Prejudice Created by the City Attorneys Ballot Title

1. The citys ballot title states Any resident may sue to enforce these rights. It does

not mention that the ordinances primary enforcement mechanism is that the City of Seattle

may sue to enforce these rights. We believe that mentioning the former without the latter

inaccurately portrays the enforcement mechanisms of the initiative and inappropriately

invokes the inflammatory specter of frivolous lawsuits in a way that may prejudice voters

against the initiative.

Use of Generalities in the City Attorneys Ballot Title

The citys ballot title selects a few of the impacts of the ordinance, the measure

would create a local bill of rights relating to corporate influence on elections and the

legislative process, water resources sufficient for orcas and salmon, and zoning changes

subject to neighborhood approval, among other issues. We believe that this is an

incomplete representation of the impact of the ordinance where there clearly is space for a

more concise enumeration of the ordinances actual impacts as weve provided below.

PETITIONERS PROPOSED BALLOT TITLE

The City Attorneys representative Mr. Schochet has tentatively agreed to the

proposed ballot title below which Mr. Reifman believes better represents the law in Initiative

Measure 103 and complies with the legal requirements of SMC 2.08.020.

BALLOT TITLE




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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTONFOR KING COUNTY

Envision Seattle; Jeff Reifman in hiscapacity as co-organizer of EnvisionSeattle and principal initiative petitioner,

Petitioner,vs.

CITY OF SEATTLE, aWashington Municipal Corporation,

Respondent

))))))))))

Case No. ________________

[PROPOSED] ORDER ON PLAINTIFFENVISION SEATTLES APPEAL OFBALLOT TITLE

This matter comes before the court on the Petition of Envision Seattle and Jeff

Reifman on Appeal of Ballot Title and Summary for Initiative Measure 103. The court has

considered the Petition. NOW, THEREFORE, IT IS HEREBY ORDERED:

1. The ballot title for Initiative Measure 103 shall be as follows:

BALLOT TITLE



If enacted, the measure would prohibit corporations from making political

contributions or lobbying, create time limits before former elected officials could work for


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EXHIBIT A

INITIATIVE MEASURE NUMBER 103 - LIMIT CORPORATE RIGHTS

AN ORDINANCE BY THE CITY OF SEATTLE WHICH SECURES PEOPLES RIGHTS TO CLEAN

GOVERNMENT BY ELIMINATING CORPORATE ACTIVITIES THAT INTERFERE WITH THOSE RIGHTS,

AND BY ELEVATING THE RIGHTS OF RESIDENTS ABOVE CORPORATE RIGHTS.

Whereas, the assertion of constitutional rights, including civil rights, by the legal constructions known as

Corporations has fundamentally unbalanced our system of government, and the people of Seattle desire to restore a

balanced and democratic system of government;

Whereas, the citizens of Seattle recognize that environmental and economic sustainability cannot be achieved if the

rights of municipal majorities are routinely overridden by corporate minorities claiming certain legal powers;

Whereas, the citizens of Seattle believe that the protection of residents, neighborhoods, and the natural environment

constitutes the highest and best use of the police powers that this municipality possesses;

Whereas, the United States Department of Justice finds that the Seattle Police Department engages in a pattern or

practice of excessive force, in violation of the Fourth Amendment of the U.S. Constitution and the Violent CrimeControl and Law Enforcement Act of 1994 and patterns of racially biased policing which include excessive use of

force;

Whereas, the citizens of Seattle find that equal access to a free and open Internet creates opportunity for more direct

civic engagement and increased educational attainment and free speech and that such access enables people to morefully participate in a democratic process;

Whereas, this ordinance establishes a local bill of rights which recognizes and secures the civil and political right ofresidents of this municipality to local self-government, and the right of residents to fair and free elections; and

Whereas, in pursuit of the enforcement of those rights, this ordinance then bans those corporate activities which

interfere with those rights; and

Whereas, to protect the recognition, securing, and enforcement of these rights, this ordinance elevates the rights of

residents and this community above the rights claimed by Corporations within this municipality; and

Whereas, this Ordinance shall be known and may be cited as the Limit Corporate Rights Ordinance; and

Whereas, this Ordinance is enacted pursuant to the inherent right of the residents of this municipality to govern their

own community, including, without limitation, the Declaration of Independences declaration that governments are

instituted to secure the rights of people, and recognition within the State Constitution that all power is inherent in the

people.

Now, therefore, be it ordained by The City of Seattle as follows:

Section 1 Findings and Intent

The people of this municipality declare that we possess the right to community self-government and that our right to

local self-governance is a fundamental and inalienable right. We find that corporate involvement in elections and

local government interferes with that right, given the ability of Corporations to use their wealth to frame important

issues and influence elections. We also recognize that the ability of Corporations to frame issues, influence elections,

and participate in our political processes is currently a court-bestowed, federally guaranteed constitutional right.

Recognized corporate rights include free speech rights that rightfully should belong only to natural persons.


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Accordingly, the people of this municipality have determined that we must secure our right to community self-

government through a local bill of rights, which prohibits corporate involvement in elections and local government.

The people have also determined that we must elevate our right to community self-government above the rights

claimed by Corporations, because otherwise our right to local self-governance is subordinated to governance by a

corporate few, which is not a democracy.

Section 2 Definitions

(a) Communicate, for purposes of this ordinance, shall include any written or oral communication, and shall

include, but not be limited to, political advertising conducted in support or opposition to a candidate for public office,

or in support or opposition to particular legislation or ballot measure or partial or complete text of proposed

legislation.

(b) Contribution or Expenditure, for purposes of this ordinance, shall include any action deemed to be a

contribution or expenditure under State elections law, including, but not limited to, expenditures made independently

of candidates, and in-kind contributions of anything of value.

(c) Corporations, for purposes of this ordinance, shall include any corporation, limited partnership, limited liability

partnership, business trust, or limited liability company organized under the laws of any state of the United States orunder the laws of any country, and any other business entity that possesses State-conferred limited liability attributes

for its owners, directors, and/or officers.

(d) Open Forum Communications, for purposes of this ordinance, shall include any communications made at a

forum open to the public, including, but not limited to, regularly scheduled meetings of the municipal government

and its agencies.

Section 3 Enforcement

(a) Any person, Corporation, or other entity that violates any prohibition of this ordinance shall be guilty of a

criminal offense and, upon conviction, shall be sentenced to pay the maximum fine allowable under State law for that

violation. A separate offense shall arise for each day or portion thereof in which a violation occurs, and for eachsection of this ordinance found to be violated.

(b) The municipality may also enforce this ordinance through an action in equity brought in a court of competent

jurisdiction. In such an action, the municipality shall be entitled to recover all costs of litigation, including, without

limitation, expert and attorneys fees.

(c) Any resident shall have the authority to enforce this ordinance through an action in equity brought in a court of

competent jurisdiction. In such an action, the resident shall be entitled to recover all costs of litigation, including,

without limitation, expert and attorneys fees.

Section 4 Statements of Law Local Bill of Rights

(a) Right to Fair Elections. The people of this municipality have the right to fair elections, which shall include the

right to an electoral process free from corporate influence.

(b) Right to Clean Government. The people of this municipality have the right to clean government, which shall

include the right to a municipal legislative process free from corporate control and influence.

(c) Right to Self-Government. All residents of this municipality possess the fundamental and inalienable right to a

form of governance where they live which recognizes that all power is inherent in the people, that all free

governments are founded on the peoples authority and consent, and that corporate entities and their directors and


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managers shall not enjoy special privileges or powers under the law which make community majorities subordinate

to them.

(d) Rights to a Citizen Managed and Accountable Police Force. All residents of the City of Seattle have a right to a

police force held fully accountable by its citizens. The Seattle Police Departments Office of Professional

Accountability will now report to the Mayor.

(e) Right to Equal Access to a Free and Open Internet. All residents of the City of Seattle shall possess the right to afree and open internet, which shall include, but not be limited to, the right to access, use, send, post, receive, or offer

lawful content, applications, or services of the users choice, free from provider service and performance level

discrimination based on the identity, source or type of individual content or service provider.

(f) Rights for Workers. Employees shall possess United States and Washington Bill of Rights constitutional

protections in the workplace within the City of Seattle, and workers in unionized workplaces shall possess the right

to collective bargaining.

(g) Rights for Neighborhoods. Neighborhood majorities shall have the right to approve all zoning changes proposed

for their neighborhood involving significant non-governmental commercial, industrial, or residential development. It

shall be the responsibility of the proposer of the zoning change to acquire the approval of the neighborhood majority,and the zoning change shall not be effective without it.

(h) Rights for Nature. Ecosystems and natural communities within this municipality, including Puget Sound and its

tributaries, resident orcas and native salmon possess inalienable rights to exist and flourish. This shall include the

right to clean water and flows sufficient to protect native fish habitat.

(i) People as Sovereign. The City of Seattle municipal corporation shall be the governing authority responsible to,

and governed by, the residents of this municipality. Use of the municipal corporation by the sovereign people of this

municipality to make law shall not be construed to limit or surrender the sovereign authority or immunities of the

people; the municipal corporation is subordinate to them in all respects at all times. The people at all times enjoy and

retain an inalienable and indefeasible right to self-governance in the community where they reside.

(j) Rights as Self-Executing. All rights delineated and secured by this ordinance shall be self-executing and these

rights shall be enforceable against Corporations, in addition to governmental and other public entities.

Section 5 Statements of Law Prohibitions Necessary to Secure the Bill of Rights

(a) Ban on Electioneering. It shall be unlawful for any Corporation to make a contribution or expenditure to influence

any election within this municipality.

(b) Ban on Lobbying. It shall be unlawful for any Corporation to communicate with elected officials, in any way,

including through agents of officials, within this municipality for the purpose of urging support or opposition to any

legislation. This provision shall not be construed to prohibit open forum communications.

(c) Ban on Revolving Door Employment. It shall be unlawful for any elected official to seek employment from a

Corporation within three years of voting on legislation that directly benefits it, if said Corporation has at least one

office in Seattle and more than 5,000 employees worldwide.

(d) Corporate Constitutional Powers. Corporations in violation of the rights and prohibitions established by this

ordinance, or seeking to engage in activities prohibited by this ordinance, shall not have the rights of persons

afforded by the United States or State Constitution, nor shall those Corporations be afforded rights under the First or

Fifth Amendments to the United States Constitution or corresponding sections of the State Constitution.

(e) Corporate Preemption Powers.


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(1) Corporations in violation of the rights or prohibitions established by this ordinance, or seeking to engage in

activities prohibited by this ordinance, shall not possess the authority or power to enforce State or federal preemptive

law against the people of this municipality, or to challenge or overturn municipal ordinances adopted by this

municipality, when that enforcement or challenge interferes with the rights asserted by this ordinance, or interferes

with the authority of the municipality to protect the health, safety, and welfare of its residents.

(2) No permit, license, privilege or charter issued by any State or federal agency, Commission or local government toany person or any Corporation operating under a State charter, or any director, officer, owner, manager or agent of a

Corporation operating under a State charter, which would violate the prohibitions of this ordinance or deprive any

municipal residents of any rights, privileges, or immunities secured by this ordinance, the State Constitution, the

United States Constitution, or other laws, shall be deemed valid within this municipality.

Section 6 State and Federal Law

By the adoption of this ordinance by this municipality, the people call for changes to state and federal law that would

result in the recognition of a fundamental and inalienable right to community self- government throughout this State

and the United States. The people also declare their support for changes to state and federal law that would eliminate

certain corporate constitutional rights and powers that currently interfere with, and prevent, the exercise of local self-governance. Those rights and powers include corporate authority to preempt community lawmaking, corporate

rights as persons under the State and federal constitutions, and corporate rights under other sections of the

State and federal constitutions.

Section 7 Severability

The provisions of this ordinance are severable. If any court of competent jurisdiction decides that any section, clause,

sentence, part, or provision of this ordinance is illegal, invalid, or unconstitutional, such decision shall not affect,

impair, or invalidate any of the remaining sections, clauses, sentences, parts, or provisions of the ordinance. The

people of this municipality hereby declare that in the event of such a decision, and the determination that the courts

ruling is legitimate, it would have enacted this ordinance even without the section, clause, sentence, part, or provision

that the court decides is illegal, invalid, or unconstitutional.

Section 8 Repealer

All inconsistent provisions of prior ordinances adopted by this municipality are hereby repealed, but only to the

extent necessary to remedy the inconsistency.

Ballot Title Appeal for Seattle Initiative Measure 103

Documents

Transcript of Ballot Title Appeal for Seattle Initiative Measure 103