OLYMPIA— Thurston County Superior Court Judge Carol Murphy ruled Friday that the ballot title for Referendum 52 should include language informing voters that, if approved, the measure will extend the state’s recently imposed tax on bottled water.
In addition, Judge Murphy ruled that references to “job creation” are inappropriate and should be removed from title of the referendum, which seeks voter approval for the sale of $505 million in bonds to finance energy-saving construction projects in schools.
The Association of Washington Business (AWB), Washington state’s chamber of commerce, filed the ballot title challenge last month.
There was little doubt that language about the bottled water tax would be added to the ballot title. Both the Attorney General’s Office and the referendum’s supporters, the Yes on Schools and Jobs campaign, agreed with AWB’s position, though they differed over the precise wording.
Much of the argument in court was about whether it was appropriate to include references to job creation in the ballot title. Kris Tefft, general counsel for AWB, argued successfully that job creation is a hoped-for outcome of the referendum, but there is no guarantee that it will occur and it is primarily a slogan meant to sway voter opinion.
“It’s up to the campaign to say what they intend to happen or would like to happen,” Tefft said. “It’s fine for them to argue it will create jobs. We hope it does.”
Afterward, Tefft said he was pleased with the judge’s ruling.
“Our purpose in challenging the R-52 ballot title was to advance the public interest in a ballot that is accurate, transparent and doesn’t try to sway the voters one way or the other on the important subject they will be considering. Our petition was successful and the new ballot title ordered by Judge Murphy accomplishes those goals.”
The official order by Judge Carol Murphy is
available here.