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If Referendum on Gay Marriage is Filed, Law Will Be Suspended Until After Election

There is no "window" in which same-sex couples can marry if opponents gather enough signatures to put referendum on November ballot

UPDATE:  Washington’s gay-marriage legislation, Senate Bill 6239, easily cleared the House 55 to 43 Wednesday after 2 1/2 hours of emotional debate and was signed by  Gov. Chris Gregoire today.

And challengers already are making plans for a ballot challenge.

How would that work? What’s the timeline?  What does the filing of a referendum mean to people who were thinking about a summertime wedding?

Here is a look at how a referendum would work:

Q. When would the legislation ordinarily take effect?
A.  90 days after adjournment of the regular session, or June 7 this year.
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Q. When can a referendum be filed?
A. After Gov. Chris Gregoire has taken action on the bill. She has five working days to act, once the bill is actually delivered to her desk. She has said she will sign the bill, although it is possible she could veto sections or amendments that were attached. The referendum must include the text of the bill as passed by the Legislature and acted upon by the governor.
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Q. How long does it take for a referendum to be processed and ready for signature-gathering?
A. Roughly three weeks.  The measure is sent to the Attorney General’s Office for preparation of a ballot title, concise description and ballot summary.  The AG has five working days to complete this. Within five working days, anyone dissatisfied with the ballot title or summary may petition the Thurston County Superior Court for changes.  The court is required to “expeditiously review” the request(s) and render a decision within five days.  The decision of the court is final. After that, sponsors can print petitions and begin collecting signatures.
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Q. What is the deadline for turning in signatures?
A. June 6.
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Q. How many signatures are required?
A. The bare minimum is 120,577, or 4 percent of all votes cast in the 2008 election for governor.  The state Elections Division suggests turning in 150,000 or more, to cover invalid and duplicate signatures. The average error rate is 18 percent.
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Q. How long does the signature check take?
A. If sponsors submit a large enough pad, a random sample can be completed in about two weeks; a full every-signature check can take a month. Crews will be checking to make sure the signer is a properly registered Washington voter, that the signature matches the one on file, and that the person didn’t sign more than once. Both sides are welcome to have a small number of observers whenever the signature-verification is underway.
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Q. What happens to the gay-marriage law in the meantime?
A. The filing of the signatures suspends the effective date.  If the signature-verification process shows an insufficient number of signatures, then the law goes into effect right away.  If the referendum is qualified for the ballot, then the law remains on hold until the voters make their decision in November and the General Election results are certified on Dec. 6.
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Q. Is there a “window” in which same-sex couples can marry, between the bill being approved by the Legislature and governor and a vote in November?
A. No.
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Q. What is the question posed to voters by the referendum?
A. The referendum places the text of the bill before them. An affirmative vote is to uphold the law as it passed the Legislature and was signed by the governor.  A vote to reject wipes out the measure and it does not take effect.  As with the 2009 vote on Referendum 71, the “everything but marriage” law, the sponsors who mount the effort to get the measure on the ballot will be asking for a “reject” vote on their referendum.  Bottom line: a vote to “approve” upholds the new law, a vote to “reject” abolishes the bill.
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Q. Does the referendum require a simple majority or a supermajority?
A. A referendum takes a simple majority to pass.
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Q. Where can I get more details about the process?
A. The Elections Division has posted this primer.

Q&A on circulating petitions.

Source: David Ammons, Secretary of State's Office.

Robert lee Mc Murray February 24, 2012 at 07:59 AM
If the people that passed this law were elected by the citizen of this state, why does it have to go to referendum, comparatively, during the times when blacks in the south were allowed to vote passed by the legislation and not by popular vote in the south, I would still be a second class citizen.
Tony Dondero (Editor) February 24, 2012 at 09:29 AM
It's a good question. Basically if enough citizens don't like something the Legislature does, at least in Washington state, they can gather enough signatures to put it on the ballot to put it to a vote and get it changed. It's never ending really. Even if the referendum passes, it could be reversed by the courts, or the Legislature could reintroduce the legislation. That's what happened with Prop. 8 in California. You'd like to think the legislators are as wise or wiser than the general populace who elected them. And if they show leadership on an issue, which in this case most of them did, you'd think the voters would support it. But you never know exactly what's going to happen.

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