On July 6, 2020, the campaign Decriminalize Nature D.C. reported filing 36,249 signatures with the D.C. Board of Elections for a ballot initiative on entheogenic plants and fungi. In Washington, D.C., the number of signatures required for a ballot initiative is equal to 5 percent of the district’s registered voters. As of May 31, there were 496,701 registered voters in Washington, D.C.; therefore, the signature requirement is 24,836 valid signatures.
Known as Initiative 81, the ballot initiative would declare that police shall treat the non-commercial cultivation, distribution, possession, and use of entheogenic plants and fungi as among the lowest law enforcement priorities. Initiative 81 would define entheogenic plants and fungi as species of plants and fungi that contain ibogaine, dimethyltryptamine, mescaline, psilocybin, or psilocyn. Examples include psilocybin mushrooms—also known as magic mushrooms or shrooms—peyote, and iboga. The ballot initiative would also ask the D.C. Attorney General and U.S. Attorney for D.C. to cease the prosecution of residents who engage with entheogenic plants and fungi.
The D.C. Board of Elections has 30 days from July 6 to determine if enough of the submitted signatures are valid for the initiative to appear on the November 3 ballot. D.C. also has a distribution requirement for signatures, requiring that the total number of submitted signatures include 5 percent of the registered electors in each of at least 5 of the city’s 8 wards.
In 2019, Denver, Colorado, became the first city to decriminalize psilocybin mushrooms. Denver Initiated Ordinance 301, which received 50.6 percent of the vote, declared that the adult use and possession of psilocybin mushrooms were of the city’s lowest law enforcement priorities. Initiated Ordinance 301 prohibited the city from spending resources on enforcing related penalties.
Voters in Oregon could decide a psilocybin-related initiative on November 3, 2020. The Oregon Psilocybin Society submitted signatures on June 29, 2020.
Citizens of Washington may initiate legislation as either a direct state statute—called Initiative to the People (ITP) in Washington—or indirect state statute—called Initiative to the Legislature (ITL) in Washington. In Washington, citizens also have the power to repeal legislation via veto referendum. Citizens may not initiate constitutional amendments.
As of July 1, 2020, 229 ITPs had been filed for the 2020 cycle. The signature submission deadline for 2020 Initiatives to the People passed on July 2, 2020. To qualify for the 2020 ballot, 259,622 signatures were required. No campaigns submitted signatures to the Secretary of State’s Office by the deadline.
The 2020 election is the first presidential election year since 1928 in which the Washington ballot will not feature a ballot initiative.
Two measures are certified to appear on the 2020 ballot in Washington. One is a veto referendum targeting the repeal of Senate Bill 5395, which was designed to require comprehensive sexual health education in public schools. The Washington Legislature referred the other measure to the ballot. It would allow the legislature to invest the Family and Medical Leave Insurance Account and the Long-Term Care Services and Supports Trust Account into stocks or other methods of investment.
A total of 60 measures appeared on the statewide ballot in Washington during even-numbered years from 2000 through 2018. Of the total, 58% (35) were approved and 42% (25) were defeated.
Citizens may file Initiatives to the Legislature (ITL) targeting the 2021 ballot. The signature deadline for 2021 ITLs is December 31, 2020. A total of 259,622 valid signatures are required to qualify an Initiative to the Legislature for submission to the 2021 legislature and for potential inclusion on the 2021 ballot.
If enough signatures are submitted, the legislature must take one of three actions:
The legislature can adopt the initiative as proposed, in which case it becomes law without a vote of the people.
The legislature can reject or refuse to act on the proposed initiative, in which case the initiative must be placed on the ballot at the next state general election.
The legislature can approve an alternative to the proposed initiative, in which case both the original proposal and the legislature’s alternative must be placed on the ballot at the next state general election.
A total of 61 measures appeared on the statewide ballot in Washington during odd-numbered years from 1999 through 2019. Of the total, 56% (34) were approved and 44% (27) were defeated.
On June 24, the Washington Secretary of State’s office found that Parents for Safe Schools, proponents of Referendum 90, had submitted enough valid signatures to qualify the measure for the 2020 ballot.
Referendum 90 asks voters to approve or reject Washington Senate Bill 5395, which was designed to require comprehensive sexual health education in public schools.
A vote to approve Referendum 90 would allow SB 5395 to go into effect. A vote to reject this referendum would repeal Senate Bill 5395. The bill is on hold pending the result of the election.
Senate Bill 5395 would require public schools to provide comprehensive sexual health education to students in grades 6-12 beginning in the 2021-22 school year and for all public school students, including those in grades K-5, beginning in the 2022-23 school year. The curriculum would have to include instruction and information regarding affirmative consent (defined as “a conscious and voluntary agreement to engage in sexual activity as a requirement before sexual activity”) and bystander training.
Parents for Safe Schools sponsored the referendum measure in an attempt to repeal SB 5395. In a random sample check of 7,940 signatures submitted by the group, the secretary of state’s office found that 7,186 signatures were valid, projecting a signature validity rate of 90.5%. This means that of 264,637 signatures submitted by proponents, 239,496 were deemed valid through the random sample verification. To qualify for the ballot, 129,811 valid signatures were required.
Senate Bill 5395 was sponsored by Senator Claire Wilson (D), vice-chair of the Senate Early Learning and K-12 Education Committee. SB 5395 was passed in the state House on March 4 with Democrats voting in favor and Republicans voting against. SB 5395 passed in the Senate largely along party lines on March 7, 2020, with one Democrat, Tim Sheldon, joining all Senate Republicans in voting no. Governor Jay Inslee (D) signed the bill into law on March 27, 2020.
Under SB 5395, comprehensive sexual health education means “recurring instruction in human development and reproduction that is age-appropriate and inclusive of all students.” The bill would require course materials to be verified or supported by scientific research, published in peer-reviewed journals, and recognized as accurate by organizations such as the Washington State Department of Health, the Centers for Disease Control and Prevention, and the American College of Obstetricians and Gynecologists.
Comprehensive sexual health education for students in grades K-3 would need to be taught as instruction in social and emotional learning (SEL). Social and emotional learning is defined by the Washington Superintendent of Public Instruction as “a process through which individuals build awareness and skills in managing emotions, setting goals, establishing relationships, and making responsible decisions that support success in school and in life.” Sexual health education would need to be provided at least once to students in grades K-3, once to students in grades 4-5, twice to students in grades 6-8, and twice to students in grades 9-12. Sexual health education would not be required to be integrated into unrelated subjects or courses.
Schools would be required to notify parents that they are providing comprehensive sexual health education and make all course materials accessible to the parents. Parents could file a written request with the school district or the school’s principal to excuse their child from sexual health education instruction. The bill would require school officials to grant such a request.
Parents for Safe Schools said, “As parents, we have a responsibility to protect our children from inappropriate, ideology-based curriculum. This bill was passed late in the session with very little opportunity for ordinary citizens to testify and no amendments accepted. Parents and their local school boards deserve a voice in controversial curriculum decisions and many districts cannot afford an expensive, unfunded mandate.” As of June 21, Parents for Safe Schools had raised $178,846. The largest donor to the committee was The Reagan Fund, which gathers contributions for the Washington State House Republican Leadership PAC, and which gave $25,000 to Parents for Safe Schools.
Senator Claire Wilson (D), sponsor of Senate Bill 5395 and vice-chair of the Senate Early Learning and K-12 Education Committee, said, “Some people hear the words ‘sex education’ and mistake the focus of the curriculum, which is health and safety, and is age-appropriate for each grade level. This is about making sure younger children know what kind of touching is inappropriate, whether by peers or predators. It’s about helping older students recognize and resist abusive or coercive behavior. It’s about teaching all children to respect diversity and not to bully others. […] There are children who will be targeted for molestation in the coming year, there are young women who may face sexual coercion or assault. They need access to information and lessons that will enable them to make decisions to ensure their health and safety.”
Since the first in 1914, Washington voters have decided 38 statewide veto referendum measures at the ballot. The most recent veto referendum was on the ballot in Washington in 2019, when voters rejected Initiative 1000, an affirmative action-related measure approved by the legislature. In 81.6% of veto referendums (31 of 38), voters repealed the targeted bill. Conversely, in 18.4% (seven of 37) of veto referendums, voters upheld the targeted law.
Parents for Safe Schools, sponsors of Referendum 90, submitted 266,000 signatures to the Washington Secretary of State’s office on Wednesday. To qualify the referendum for the November ballot,129,811 of the signatures must be valid.
Referendum 90 petitioners seek to repeal Senate Bill 5395, which was signed by Governor Jay Inslee (D) on March 27, 2020. Senate Bill 3395, sponsored by Senator Claire Wilson (D), vice-chair of the Senate Early Learning and K-12 Education Committee, was passed in the State House on March 4 along party lines with Democrats voting in favor and Republicans voting against. It passed in the Senate along party lines on March 7, except one Democrat, Tim Sheldon, joined all Senate Republicans in voting no. The bill is on hold pending the verification of signatures, and if placed on the ballot, the result of the election.
Senate Bill 5395 would require public schools to provide comprehensive sexual health education to students in grades 6-12 beginning in the 2021-22 school year and for all public school students, including those in grades K-5, beginning in the 2022-23 school year. The curriculum would have to include instruction and information regarding affirmative consent and bystander training. Sexual health education would need to be provided at least once to students in grades K-3, once to students in grades 4-5, twice to students in grades 6-8, and twice to students in grades 9-12. Sexual health education would not be required to be integrated into unrelated subjects or courses.
Under SB 5395, comprehensive sexual health education means “recurring instruction in human development and reproduction that is age-appropriate and inclusive of all students.” Course materials would need to be medically and scientifically accurate, meaning the information has been verified or supported by scientific research, has been published in peer-reviewed journals, and is recognized as accurate by organizations such as the Washington State Department of Health, the Centers for Disease Control and Prevention, and the American College of Obstetricians and Gynecologists.
Under the bill, schools would be required to notify parents that they are providing comprehensive sexual health education and make all course materials accessible to the parents. Parents could file a written request with the school district or the school’s principal to excuse their child from sexual health education instruction. School districts would be required to grant such requests.
SB 5395 sponsor Sen. Claire Wilson (D) said, “Some people hear the words ‘sex education’ and mistake the focus of the curriculum, which is health and safety, and is age-appropriate for each grade level. This is about making sure younger children know what kind of touching is inappropriate, whether by peers or predators. It’s about helping older students recognize and resist abusive or coercive behavior. It’s about teaching all children to respect diversity and not to bully others. Students need a safe place to ask questions, to fully understand consent, and to have the information they need to make safe decisions.”
Parents for Safe Schools said SB 5395 “mandates graphic sex education starting in elementary school” and “orders school districts to ‘comprehensively’ include sex ed in all curriculum — including math, social studies, science, business and computer classes. … Keep the Olympia activists out of our classrooms. Parents and elected local school boards should be the only people deciding what is taught in our classrooms.”
The Washington State Catholic Conference, which opposes SB 5395, said, “The law requires ‘affirmative consent curriculum’ defined as ‘a conscious and voluntary agreement to engage in sexual activity as a requirement before sexual activity.’ This requirement is not in accordance with church teaching that sexual activity be reserved for marriage. Parents can opt their children out of classroom instruction, but they cannot opt them out of school yard discussions and the culture change that may take place at school.”
Parents for Safe Schools had raised $158,903 according to the most recent reports available on June 11, 2020. The largest donor was The Reagan Fund, which is the name of the Washington State House Republican Leadership PAC.
Since the first in 1914, Washington voters have decided 38 statewide veto referendum measures at the ballot. Opponents of laws targeted for repeal collect signatures for veto referendum petitions hoping that voters will repeal the laws at the ballot. The most recent veto referendum, Referendum 88, was on the ballot in Washington in 2019. Voters rejected the targeted law, Initiative 1000. In 81.6% of cases (31 of 38), veto referendums resulted in the targeted bill being repealed. Conversely, 18.4% (seven of 37) of veto referendum measures resulted in the targeted law being upheld.
Between 1906 and 2019, 522 veto referendums appeared on the ballot in 23 states. Voters repealed 341 (65.3%) of the targeted laws. Voters upheld 181 (34.7 percent) of the targeted laws. The states with the most veto referendums were North Dakota (75), Oregon (68), and California (48).
A new state legislative special election has been added to our list. The special election is for the District 54 seat in the Louisiana House of Representatives on July 11, 2020. There is no primary, and the filing deadline was on May 22.
A new state legislative special election has been added to our list. The special election is for the District 38 seat in the Washington State Senate on November 3, 2020. The primary is on August 4, and the filing deadline was on May 15.
The Pipeline and Hazardous Materials Safety Administration (PHMSA)— the federal agency tasked with regulating the transportation of oil and other hazardous materials—issued an order on May 11 that blocked a Washington state law that would have placed restrictions on crude oil transportation beyond those required by federal law.
The Federal Hazardous Materials Transportation Law (HMTA) allows individuals and government entities affected by state or local hazardous materials transportation requirements to apply to the secretary of transportation for a determination of whether federal law preempts those requirements. The secretary of transportation delegated the authority to issue preemption determinations to the PHMSA.
The Washington state law, passed in 2019, set vapor pressure limits on crude oil transported by rail with the goal of minimizing the explosion risk in the event of a train accident.
The attorneys general of oil-producing states North Dakota and Montana applied to the PHMSA to determine whether federal law preempted the Washington state law. They argued (1) that the Washington law was an obstacle to implementing the HMTA and (2) that the Washington law was not substantively similar to the federal law.
The PHMSA held that the Washington state law did not conform to the U.S. Hazardous Materials Regulations and could disrupt nationwide implementation of the HMTA by encouraging other states to set their own vapor pressure requirements. The PHMSA also cited a Sandia National Laboratories study to support its determination that Washington state’s vapor pressure requirement would not reduce the risk of explosions.
Washington state can submit a petition for judicial review of the PHMSA’s order to a federal court of appeals within 60 days. A spokesperson for Washington Governor Jay Inslee (D) said that state officials were disappointed in the agency’s determination and were considering their options.
The Snohomish County Council made a state legislative appointment to each chamber of the Washington State Legislature May 13.
The council appointed June Robinson (D) to represent District 38 in the Washington State Senate, following the resignation of former Sen. John McCoy (D) from the chamber last month. Robinson previously represented the District 38-Position 1 seat in the state House since 2013. She had already declared her candidacy for the special election to fill McCoy’s seat at the time of her appointment. Robinson will serve in the state senate until the certification of the special election results, which take place 21 days after the general election on Nov. 3 The winner will serve the remaining two years of McCoy’s term.
The council filled the House vacancy left by Robinson’s elevation that same day, appointing Emily Wicks to the Position 1 seat in District 38. She will serve the remainder of Robinson’s unexpired term in the house, set to end on January 11, 2021. Wicks has also filed for re-election.
All 98 seats in the Washington House of Representatives are up for election in 2020. Roughly half the seats in the Washing State Senate are up for election this year as well, as senators serve staggered four-year terms. Washington currently has a Democratic state government trifecta, with the Democratic Party holding the governorship and majorities in both chambers of the state legislature. The state has had 14 years of Democratic trifectas and no Republican trifectas since 1992.
Wisconsin State Senator Jennifer Shilling (D) submitted her resignation from the legislature on May 15, effective immediately. Shilling had previously announced she would not seek another term and did not file to run for re-election.
Shilling said that she was resigning to explore unspecified employment opportunities. Wisconsin state law prohibits legislators and other public officials from holding office while actively pursuing employment that presents a conflict of interest with their government duties.
Shilling served as State Senate Minority Leader from 2015 until last month when she stepped down in anticipation of her departure from the legislature. Senate Democrats selected Janet Bewley as the new minority leader on April 24. Going into the 2020 elections, the Democratic Party holds 13 seats to the Republican Party’s 19 seats in the chamber. The Republican Party has held a majority in the state senate since 2011.
On May 15, the statewide filing deadline passed to run for elected office in Washington state. Candidates filed for the following state-level offices:
State Executive
Governor
Lieutenant Governor
Attorney General
Secretary of State
Superintendent of Public Instruction
Commissioner of Public Lands
Treasurer
Auditor
Commissioner of Insurance
State Legislative
Washington State Senate (25 seats)
Washington House of Representatives (98 seats)
State Judicial
Washington Supreme Court (4 seats)
Washington Court of Appeals (8 seats)
The primary is scheduled for August 4, and the general election is scheduled for November 3, 2020.
Washington’s statewide filing deadline was the 38th to take place in the 2020 election cycle. The next statewide filing deadline is on May 28 in Vermont.
Washington has a Democratic state government trifecta. A trifecta exists when one political party simultaneously holds the governor’s office and majorities in both state legislative chambers.
The statewide filing deadline to run for elected office in Washington is on May 15, 2020. Prospective candidates may file for the following state-level offices:
State executive
Governor
Lieutenant Governor
Attorney General
Secretary of State
Superintendent of Public Instruction
Commissioner of Public Lands
Treasurer
Auditor
Commissioner of Insurance
State legislative
Washington State Senate (25 seats)
Washington House of Representatives (98 seats)
State judicial
Washington Supreme Court (4 seats)
Washington Court of Appeals (8 seats)
The primary is scheduled for August 4, and the general election is scheduled for November 3, 2020.
Washington’s statewide filing deadline is the 38th to take place in the 2020 election cycle. The next statewide filing deadline is on May 28 in Vermont.
Washington has a Democratic state government trifecta. A trifecta exists when one political party simultaneously holds the governor’s office and majorities in both state legislative chambers.
On May 15, the statewide filing deadline passed to run for elected office in Washington state. Candidates filed for the following state-level offices: