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Bob Bolerjack,
Opinion Editor
bolerjack@heraldnet.com

Carol MacPherson,
Editorial Writer
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heraldnet.com


Allen Funk,
Herald Publisher
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Kim Heltne,
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Send letters to the editor by e-mail to letters@heraldnet.com, by fax to 425-339-3458 or mail to The Herald - Letters, P.O. Box 930, Everett, WA 98206.

 
WEEK IN REVIEW
Wednesday


81 veterans' names, 81 meaningful lives honored...
USO singer's voice still charms them in Edmonds
Monroe honking case makes it to state Supreme C...
Tuesday


Fire destroys Emory's restaurant
Peggy Pritchard Olson always put Edmonds first
Camano Island burglaries spike: Is Colton back?
Monday


Tree clearing, mud slide angers Everett neighbor
Later start for school day unlikely in Marysville
Hopes for Snohomish excursion train may hinge o...
Sunday


Glacier Peak freshman overcomes jitters to win ...
Gay marriage issue can wait, say Referendum 71 ...
Cities across south Snohomish County see tax re...
Saturday


Thousands honor slain Seattle police officer Ti...
Suspect identified in Seattle police killing
Mountlake Terrace thrilled by high school's fir...
Friday


Officer Timothy Brenton. Gone, but not forgotten
Person sought in officer's killing is shot in head
Thousands to pay respects to slain Seattle poli...
Thursday


Tale of 1916 Everett Massacre retold in style o...
Reservist survived Iraq but not his return to c...
Swine flu suspected in infant’s death
 

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Published: Tuesday, January 15, 2008

Right to referendum shouldn't be undercut

Nothing fuels voters' cynicism more than being misled by government officials. If state lawmakers want to build trust with voters, they should start by coming clean on their abuse of the emergency clause, a tactic they've used often in the recent past to preempt voters' right to second-guess them on controversial legislation.

Washington's Constitution grants the people considerable power through the initiative and referendum processes. The latter gives citizens an opportunity to veto unwanted laws passed by the Legislature by filing a referendum within 90 days after the session in question ends. If enough signatures are gathered, voters get to decide whether to keep the law as passed or reject it.

The Constitution makes one exception: The right to referendum can be bypassed if a bill is "necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions."

Trouble is, lawmakers have taken that definition beyond any test of reasonableness, tacking emergency clauses onto 740 bills in the past 11 years. That's 17 percent of all bills enacted. With that many emergencies, it's remarkable we've survived.

What's really going on, of course, is that lawmakers are attaching emergency clauses to many bills they think voters might challenge. Last year, Gov. Chris Gregoire vetoed emergency clauses off of 10 bills before signing them into law because, she said, an emergency clearly didn't exist.

Hopes that the state Supreme Court would put an end to such abuse were dashed in 2005, when by a 6-3 vote it ruled that an emergency is essentially whatever the Legislature says it is. In a scathing dissent, Justice Richard Sanders wrote, "I find little left of the people's right of referendum."

Yet that right remains in the Constitution. It just isn't taken seriously. If lawmakers want citizens to trust them, that needs to change.

Lawmakers should pass House Joint Resolution 4218, introduced last year by Rep. Barbara Bailey (R-Oak Harbor). It's a constitutional amendment that would require a 60 percent vote of the Legislature to attach an emergency clause to a bill. Budget bills would be exempt. If two-thirds of each chamber approves HJR 4218, it would go to voters for approval in November. If a true emergency exists (flooding, earthquake, a severe economic crisis, etc.), it won't be hard to muster a 60 percent majority to address it. But it will be harder to usurp the people's right to act as a check on the Legislature. That might make voters just a little less cynical.

1. Emory’s owner fears fire was arson
2. Monroe honking case makes it to state Supreme Court
3. Vatican ponders the souls in space
4. 81 veterans' names, 81 meaningful lives honored in Snohomish
5. Hope dims that Olympics will boost region
6. Student hit in crosswalk to return
7. Smokey Point to celebrate end of roadwork
8. Death on Edmonds waterfront ruled a suicide
9. Help for young moms may continue
10. Semifinal slate sealed on ‘Dancing With Stars’
Enterprise Newspaper Snohomish County Business Journal
Bazaar Fever
Hawks proud of historic season
Olson always put Edmonds first
Honoring student veterans
‘Wheedle' author comes to Lynnwood bookshop
Mavs build early lead en route to easy win
Prep football games of the week (state playoffs)
Tears of laughter, tears of grief
Death on Edmonds beach likely a suicide
The Enterprise Online Newspaper


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