State court: Long-term care measure OK for ballot
OLYMPIA, Wash. (AP) - An initiative that would boost training for long-term health care aides can appear on the November ballot despite a major printing mistake on voter petitions, the state Supreme Court said Friday.
The court's decision came less than a day after justices heard specially scheduled arguments in the case - unusual speed prompted by looming deadlines for printing the ballots and voter pamphlets for the Nov. 4 general election.
Opponents argued that Initiative 1029 was fatally flawed because of misprinted petitions that identified it as an initiative to the Legislature. That lesser-known type of initiative sends a policy question to state lawmakers, with a possible public vote coming later.
Initiative sponsors, led by the Service Employees International Union, said I-1029 always was the more common type of initiative that goes to voters immediately.
All other paperwork filed with elections officials identified I-1029 as a voter initiative, so supporters and Secretary of State Sam Reed argued that a printing error on the petitions wasn't necessarily enough reason to change it.
Friday's very brief ruling, signed by Chief Justice Gerry Alexander, said simply that a majority of the court would not force Reed to process I-1029 as an initiative to the Legislature. More opinions explaining the ruling will be released "in due course," Alexander wrote.
The initiative would require long-term care workers to pass a certification exam, complete more training and undergo background checks. The SEIU, which represents some of those workers through its Local 775, is a major sponsor of I-1029.
Initiative opponents, led by a coalition of long-term care providers, argued that I-1029 is unnecessary and will add costs to taxpayers and people who pay for private care.
"We don't believe that this one-size-fits-all approach offered in the initiative is necessary ... it is wasteful of taxpayer dollars," said Deb Murphy, spokeswoman for the opposition Community Care Coalition of Washington.
Supporters counter that long-term care aides, who provide a helping hand with elderly or disabled people's day-to-day needs, presently get less training than hairdressers or animal masseurs.
"We felt pretty confident going into it," Yes on I-1029 campaign manager Jeff Parsons said of the court challenge. "We got the decision that we thought we would get."
Friday's ruling aligns with the court's general reluctance to stop measures from reaching the ballot, with deference to the state constitution's strong protection of the initiative process.
In other technical challenges to initiatives in recent years, the court has let voters have their say, and waited for opponents to challenge the measure after the election. A similar scenario could play out in this case.
Reed, the state's top election officer, had argued that it was within his discretion to place I-1029 on the ballot as a voter initiative after looking at all the evidence showing the filers' intent.
"The 300,000-plus voters who signed these petitions will be pleased that this matter will be on the November ballot," state Elections Director Nick Handy said in a statement.
The court's decision came less than a day after justices heard specially scheduled arguments in the case - unusual speed prompted by looming deadlines for printing the ballots and voter pamphlets for the Nov. 4 general election.
Opponents argued that Initiative 1029 was fatally flawed because of misprinted petitions that identified it as an initiative to the Legislature. That lesser-known type of initiative sends a policy question to state lawmakers, with a possible public vote coming later.
Initiative sponsors, led by the Service Employees International Union, said I-1029 always was the more common type of initiative that goes to voters immediately.
All other paperwork filed with elections officials identified I-1029 as a voter initiative, so supporters and Secretary of State Sam Reed argued that a printing error on the petitions wasn't necessarily enough reason to change it.
Friday's very brief ruling, signed by Chief Justice Gerry Alexander, said simply that a majority of the court would not force Reed to process I-1029 as an initiative to the Legislature. More opinions explaining the ruling will be released "in due course," Alexander wrote.
The initiative would require long-term care workers to pass a certification exam, complete more training and undergo background checks. The SEIU, which represents some of those workers through its Local 775, is a major sponsor of I-1029.
Initiative opponents, led by a coalition of long-term care providers, argued that I-1029 is unnecessary and will add costs to taxpayers and people who pay for private care.
"We don't believe that this one-size-fits-all approach offered in the initiative is necessary ... it is wasteful of taxpayer dollars," said Deb Murphy, spokeswoman for the opposition Community Care Coalition of Washington.
Supporters counter that long-term care aides, who provide a helping hand with elderly or disabled people's day-to-day needs, presently get less training than hairdressers or animal masseurs.
"We felt pretty confident going into it," Yes on I-1029 campaign manager Jeff Parsons said of the court challenge. "We got the decision that we thought we would get."
Friday's ruling aligns with the court's general reluctance to stop measures from reaching the ballot, with deference to the state constitution's strong protection of the initiative process.
In other technical challenges to initiatives in recent years, the court has let voters have their say, and waited for opponents to challenge the measure after the election. A similar scenario could play out in this case.
Reed, the state's top election officer, had argued that it was within his discretion to place I-1029 on the ballot as a voter initiative after looking at all the evidence showing the filers' intent.
"The 300,000-plus voters who signed these petitions will be pleased that this matter will be on the November ballot," state Elections Director Nick Handy said in a statement.