What is a "referendum"?

A referendum is a public vote on a law that has been passed by the City Council. If a majority of citizens vote against the law, it is overturned. With a referendum the people have the last say, not the City Council. In the City of Olympia citizens have the power to call a referendum on the proposed laws for downtown by collecting about 5000 signatures on a legal petition in 30 days from the time of passage of the ordinances.

The support for these proposed laws is coming primarily from the Olympia Downtown Association and its allies, a relatively tiny, yet wealthy part of the overall population that possess undue political influence. Yet there is good reason to believe that the majority of people in Olympia do not, or would not, support these ordinances. Many of us who went to the City sponsored "Community Discussion" were in groups where the overwhelming majority were against the proposed ordinances as a way of dealing with these issues. It is very likely that if these ordinances are put to a public vote they will be rejected.

It has been observed by many political scientists who have studied the use of the citizens' referendum power that merely the genuine prospect of a referendum by citizen activists is enough to get representatives to reject proposed laws, especially on issues where they are out-of-sync with the public. It is uncomfortable and embarrassing for representatives to have their decisions rejected by the people.

How do we do a referendum?

Citizens must collect about 5000 signatures (15% of the number of register voters at the time of the last general election) on a legally drafted referendum petition in 30 days from the time of passage of the ordinance. This requires a minimum of about 20 serious petitioners willing to spend about 6-8 hours a week collecting signatures for one month (figuring about 10 signatures per petitioning hour). Of course, the more people that help, the easier it is.

For help drafting a legal petition for a referendum on the proposed downtown ordinances contact me. Information on initiative and referendum powers of cities in the state of Washington is on the Web at: http://www.mrsc.org/textini.htm

The state laws governing the use of initiative and referendum powers in the City of Olympia are contained in RCW 35A.11.100 and RCW 35.17.240 through 35.17.360. (available online at http://www.leg.wa.gov/wsladm/rcw.cfm#RCW_by_Title )

Note: State law distinguishes between powers granted to the legislative authority (city council) and the "municipal corporate entity" (voters). Courts have ruled that powers granted to the city council are not subject to referendum, while powers granted to the voters are. The proposed laws for downtown (limiting sale of fortified liquor, and restrictions on panhandling and car camping) are among the powers granted to the voters (and thus subject to the referendum power) under the following statutes: Authority for Local Regulatory Option on Sale of Liquor - Ch.35A.66 Authority to Regulate Health and Safety - Ch.35A.70