WASHINGTON

CONSTITUTION OF THE STATE OF WASHINGTON

PREAMBLE

   We, the people of the State of Washington, grateful to the

Supreme Ruler of the Universe for our liberties, do ordain this

constitution.

ARTICLE I

DECLARATION OF RIGHTS

   SECTION 1 POLITICAL POWER. All political power is inherent in

the people, and governments derive their just powers from the

consent of the governed, and are established to protect and

maintain individual rights.

   SECTION 2 SUPREME LAW OF THE LAND. The Constitution of the

United States is the supreme law of the land.

   SECTION 3 PERSONAL RIGHTS. No person shall be deprived of life,

liberty, or property, without due process of law.

   SECTION 4 RIGHT OF PETITION AND ASSEMBLAGE. The right of

petition and of the people peaceably to assemble for the common

good shall never be abridged.

   SECTION 5 FREEDOM OF SPEECH. Every person may freely speak,

write and publish on all subjects, being responsible for the abuse

of that right.

   SECTION 6 OATHS - MODE OF ADMINISTERING. The mode of

administering an oath, or affirmation, shall be such as may be most

consistent with and binding upon the conscience of the person to

whom such oath, or affirmation, may be administered.

   SECTION 7 INVASION OF PRIVATE AFFAIRS OR HOME PROHIBITED. No

person shall be disturbed in his private affairs, or his home

invaded, without authority of law.

   SECTION 8 IRREVOCABLE PRIVILEGE, FRANCHISE OR IMMUNITY

PROHIBITED. No law granting irrevocably any privilege, franchise or

immunity, shall be passed by the legislature.

   SECTION 9 RIGHTS OF ACCUSED PERSONS. No person shall be

compelled in any criminal case to give evidence against himself, or

be twice put in jeopardy for the same offense.

   SECTION 10 ADMINISTRATION OF JUSTICE. Justice in all cases shall

be administered openly, and without unnecessary delay.

   SECTION 11 RELIGIOUS FREEDOM. Absolute freedom of conscience in

all matters of religious sentiment, belief and worship, shall be

guaranteed to every individual, and no one shall be molested or

disturbed in person or property on account of religion; but the

liberty of conscience hereby secured shall not be so construed as

to excuse acts of licentiousness or justify practices inconsistent

with the peace and safety of the state.  No public money or

property shall be appropriated for or applied to any religious

worship, exercise or instruction, or the support of any religious

establishment: PROVIDED, HOWEVER, That this article shall not be so

construed as to forbid the employment by the state of a chaplain

for such of the state custodial, correctional, and mental

institutions, or by a county's or public hospital district's

hospital, health care facility, or hospice, as in the discretion of

the legislature may seem justified.  No religious qualification

shall be required for any public office or employment, nor shall

any person be incompetent as a witness or juror, in consequence of

his opinion on matters of religion, nor be questioned in any court

of justice touching his religious belief to affect the weight of

his testimony. [AMENDMENT 88, 1993 House Joint Resolution No. 4200,

p 3062.  Approved November 2, 1993.]

   Amendment 34 (1957) - Art. 1 Section 11 RELIGIOUS FREEDOM - Absolute freedom

of conscience in all matters of religious sentiment, belief and worship, shall

be guaranteed to every individual, and no one shall be molested or disturbed in

person or property on account of religion; but the liberty of conscience hereby

secured shall not be so construed as to excuse acts of licentiousness or justify

practices inconsistent with the peace and safety of the state.  No public money

or property shall be appropriated for or applied to any religious worship,

exercise or instruction, or the support of any religious establishment: 

Provided, however, That this article shall not be so construed as to forbid the

employment by the state of a chaplain for such of the state custodial,

correctional and mental institutions as in the discretion of the legislature may

seem justified.  No religious qualification shall be required for any public

office or employment, nor shall any person be incompetent as a witness or juror,

in consequence of his opinion on matters of religion, nor be questioned in any

court of justice touching his religious belief to affect the weight of his

testimony. [AMENDMENT 34, 1957 Senate Joint Resolution No. 14, p 1299.  Approved

November 4, 1958.]

   Amendment 4 (1904) - Art. 1 Section 11 RELIGIOUS FREEDOM - Absolute freedom

of conscience in all matters of religious sentiment, belief and worship, shall

be guaranteed to every individual, and no one shall be molested or disturbed in

person or property on account of religion; but the liberty of conscience hereby

secured shall not be so construed as to excuse acts of licentiousness or justify

practices inconsistent with the peace and safety of the state.  No public money

or property shall be appropriated for or applied to any religious worship,

exercise or instruction, or the support of any religious establishment. 

Provided, however, That this article shall not be so construed as to forbid the

employment by the state of a chaplain for the state penitentiary, and for such

of the state reformatories as in the discretion of the legislature may seem

justified.  No religious qualification shall be required for any public office

or employment, nor shall any person be incompetent as a witness or juror, in

consequence of his opinion on matters of religion, nor be questioned in any court

of justice touching his religious belief to affect the weight of his testimony.

[AMENDMENT 4, 1903 p 283 Section 1.  Approved November, 1904.]

   Original text - Art. 1 Section 11 RELIGIOUS FREEDOM - Absolute freedom of

conscience in all matters of religious sentiment, belief, and worship, shall be

guaranteed to every individual, and no one shall be molested or disturbed in

person, or property, on account of religion; but the liberty of conscience hereby

secured shall not be so construed as to excuse acts of licentiousness, or justify

practices inconsistent with the peace and safety of the state.  No public money

or property shall be appropriated for, or applied to any religious worship,

exercise or instruction, or the support of any religious establishment.  No

religious qualification shall be required for any public office, or employment,

nor shall any person be incompetent as a witness, or juror, in consequence of his

opinion on matters of religion, nor be questioned in any court of justice

touching his religious belief to affect the weight of his testimony.

   SECTION 12 SPECIAL PRIVILEGES AND IMMUNITIES PROHIBITED. No law

shall be passed granting to any citizen, class of citizens, or

corporation other than municipal, privileges or immunities which

upon the same terms shall not equally belong to all citizens, or

corporations.

   SECTION 13 HABEAS CORPUS. The privilege of the writ of habeas

corpus shall not be suspended, unless in case of rebellion or

invasion the public safety requires it.

   SECTION 14 EXCESSIVE BAIL, FINES AND PUNISHMENTS. Excessive bail

shall not be required, excessive fines imposed, nor cruel

punishment inflicted.

   SECTION 15 CONVICTIONS, EFFECT OF. No conviction shall work

corruption of blood, nor forfeiture of estate.

   SECTION 16 EMINENT DOMAIN. Private property shall not be taken

for private use, except for private ways of necessity, and for

drains, flumes, or ditches on or across the lands of others for

agricultural, domestic, or sanitary purposes.  No private property

shall be taken or damaged for public or private use without just

compensation having been first made, or paid into court for the

owner, and no right-of-way shall be appropriated to the use of any

corporation other than municipal until full compensation therefor

be first made in money, or ascertained and paid into court for the

owner, irrespective of any benefit from any improvement proposed by

such corporation, which compensation shall be ascertained by a

jury, unless a jury be waived, as in other civil cases in courts of

record, in the manner prescribed by law.  Whenever an attempt is

made to take private property for a use alleged to be public, the

question whether the contemplated use be really public shall be a

judicial question, and determined as such, without regard to any

legislative assertion that the use is public:  Provided, That the

taking of private property by the state for land reclamation and

settlement purposes is hereby declared to be for public

use.[AMENDMENT 9, 1919 p 385 Section 1.  Approved November, 1920.]

   Original text - Art. 1 Section 16 EMINENT DOMAIN - Private property shall not

be taken for private use, except for private ways of necessity, and for drains,

flumes or ditches on or across the lands of others for agricultural, domestic or

sanitary purposes.  No private property shall be taken or damaged for public or

private use without just compensation having first been made, or paid into court

for the owner, and no right of way shall be appropriated to the use of any

corporation other than municipal, until full compensation therefor be first made

in money, or ascertained and paid into the court for the owner, irrespective of

any benefit from any improvement proposed by such corporation, which compensation

shall be ascertained by a jury, unless a jury be waived as in other civil cases

in courts of record, in the manner prescribed by law.  Whenever an attempt is

made to take private property for a use alleged to be public, the question

whether the contemplated use be really public shall be a judicial question, and

determined as such without regard to any legislative assertion that the use is

public.

   SECTION 17 IMPRISONMENT FOR DEBT. There shall be no imprisonment

for debt, except in cases of absconding debtors.

   SECTION 18 MILITARY POWER, LIMITATION OF. The military shall be

in strict subordination to the civil power.

   SECTION 19 FREEDOM OF ELECTIONS. All Elections shall be free and

equal, and no power, civil or military, shall at any time interfere

to prevent the free exercise of the right of suffrage.

   SECTION 20 BAIL, WHEN AUTHORIZED. All persons charged with crime

shall be bailable by sufficient sureties, except for capital

offenses when the proof is evident, or the presumption great.

   SECTION 21 TRIAL BY JURY. The right of trial by jury shall

remain inviolate, but the legislature may provide for a jury of any

number less than twelve in courts not of record, and for a verdict

by nine or more jurors in civil cases in any court of record, and

for waiving of the jury in civil cases where the consent of the

parties interested is given thereto.

   SECTION 22 RIGHTS OF THE ACCUSED. In criminal prosecutions the

accused shall have the right to appear and defend in person, or by

counsel, to demand the nature and cause of the accusation against

him, to have a copy thereof, to testify in his own behalf, to meet

the witnesses against him face to face, to have compulsory process

to compel the attendance of witnesses in his own behalf, to have a

speedy public trial by an impartial jury of the county in which the

offense is charged to have been committed and the right to appeal

in all cases:  Provided, The route traversed by any railway coach,

train or public conveyance, and the water traversed by any boat

shall be criminal districts; and the jurisdiction of all public

offenses committed on any such railway car, coach, train, boat or

other public conveyance, or at any station or depot upon such

route, shall be in any county through which the said car, coach,

train, boat or other public conveyance may pass during the trip or

voyage, or in which the trip or voyage may begin or terminate.  In

no instance shall any accused person before final judgment be

compelled to advance money or fees to secure the rights herein

guaranteed. [AMENDMENT 10,  1921 p 79 Section 1.  Approved

November, 1922.]

   Original text - Art. 1 Section 22 RIGHTS OF ACCUSED PERSONS - In criminal

prosecution, the accused shall have the right to appear and defend in person, and

by counsel, to demand the nature and cause of the accusation against him, to have

a copy thereof, to testify in his own behalf, to meet the witnesses against him

face to face, to have compulsory process to compel the attendance of witnesses

in his own behalf, to have a speedy public trial by an impartial jury of the

county in which the offense is alleged to have been committed, and the right to

appeal in all cases; and, in no instance, shall any accused person before final

judgment be compelled to advance money or fees to secure the rights herein

guaranteed.

   SECTION 23 BILL OF ATTAINDER, EX POST FACTO LAW, ETC. No bill of

attainder, ex post facto law, or law impairing the obligations of

contracts shall ever be passed.

   SECTION 24 RIGHT TO BEAR ARMS. The right of the individual

citizen to bear arms in defense of himself, or the state, shall not

be impaired, but nothing in this section shall be construed as

authorizing individuals or corporations to organize, maintain or

employ an armed body of men.

   SECTION 25 PROSECUTION BY INFORMATION. Offenses heretofore

required to be prosecuted by indictment may be prosecuted by

information, or by indictment, as shall be prescribed by law.

   SECTION 26 GRAND JURY. No grand jury shall be drawn or summoned

in any county, except the superior judge thereof shall so order.

   SECTION 27 TREASON, DEFINED, ETC. Treason against the state

shall consist only in levying war against the state, or adhering to

its enemies, or in giving them aid and comfort.  No person shall be

convicted of treason unless on the testimony of two witnesses to

the same overt act, or confession in open court.

   SECTION 28 HEREDITARY PRIVILEGES ABOLISHED. No hereditary

emoluments, privileges, or powers, shall be granted or conferred in

this state.

   SECTION 29 CONSTITUTION MANDATORY. The provisions of this

Constitution are mandatory, unless by express words they are

declared to be otherwise.

   SECTION 30 RIGHTS RESERVED. The enumeration in this Constitution

of certain rights shall not be construed to deny others retained by

the people.

   SECTION 31 STANDING ARMY. No standing army shall be kept up by

this state in time of peace, and no soldier shall in time of peace

be quartered in any house without the consent of its owner, nor in

time of war except in the manner prescribed by law.

   SECTION 32 FUNDAMENTAL PRINCIPLES. A frequent recurrence to

fundamental principles is essential to the security of individual

right and the perpetuity of free government.

   SECTION 33 RECALL OF ELECTIVE OFFICERS. Every elective public

officer of the state of Washington expect [except] judges of courts

of record is subject to recall and discharge by the legal voters of

the state, or of the political subdivision of the state, from which

he was elected whenever a petition demanding his recall, reciting

that such officer has committed some act or acts of malfeasance or

misfeasance while in office, or who has violated his oath of

office, stating the matters complained of, signed by the

percentages of the qualified electors thereof, hereinafter

provided, the percentage required to be computed from the total

number of votes cast for all candidates for his said office to

which he was elected at the preceding election, is filed with the

officer with whom a petition for nomination, or certificate for

nomination, to such office must be filed under the laws of this

state, and the same officer shall call a special election as

provided by the general election laws of this state, and the result

determined as therein provided. [AMENDMENT 8, 1911 p 504 Section 1. 

Approved November, 1912.]

   SECTION 34 SAME. The legislature shall pass the necessary laws

to carry out the provisions of section thirty-three (33) of this

article, and to facilitate its operation and effect without delay: 

Provided, That the authority hereby conferred upon the legislature

shall not be construed to grant to the legislature any exclusive

power of lawmaking nor in any way limit the initiative and

referendum powers reserved by the people.  The percentages required

shall be, state officers, other than judges, senators and

representatives, city officers of cities of the first class, school

district boards in cities of the first class; county officers of

counties of the first, second and third classes, twenty-five per

cent.  Officers of all other political subdivisions, cities, towns,

townships, precincts and school districts not herein mentioned, and

state senators and representatives, thirty-five per cent.

[AMENDMENT 8, 1911 p 504 Section 1.  Approved November, 1912.]

   SECTION 35 VICTIMS OF CRIMES - RIGHTS. Effective law enforcement

depends on cooperation from victims of crime.  To ensure victims a

meaningful role in the criminal justice system and to accord them

due dignity and respect, victims of crime are hereby granted the

following basic and fundamental rights.

   Upon notifying the prosecuting attorney, a victim of a crime

charged as a felony shall have the right to be informed of and,

subject to the discretion of the individual presiding over the

trial or court proceedings, attend trial and all other court

proceedings the defendant has the right to attend, and to make a

statement at sentencing and at any proceeding where the defendant's

release is considered, subject to the same rules of procedure which

govern the defendant's rights.  In the event the victim is

deceased, incompetent, a minor, or otherwise unavailable, the

prosecuting attorney may identify a representative to appear to

exercise the victim's rights.  This provision shall not constitute

a basis for error in favor of a defendant in a criminal proceeding

nor a basis for providing a victim or the victim's representative

with court appointed counsel. [AMENDMENT 84, 1989 Senate Joint

Resolution No. 8200, p 2999.  Approved November 7, 1989.]

ARTICLE II

LEGISLATIVE DEPARTMENT

   SECTION 1  LEGISLATIVE POWERS, WHERE VESTED. The legislative

authority of the state of Washington shall be vested in the

legislature, consisting of a senate and house of representatives,

which shall be called the legislature of the state of Washington,

but the people reserve to themselves the power to propose bills,

laws, and to enact or reject the same at the polls, independent of

the legislature, and also reserve power, at their own option, to

approve or reject at the polls any act, item, section, or part of

any bill, act, or law passed by the legislature.

   (a) Initiative:  The first power reserved by the people is the

initiative.  Every such petition shall include the full text of the

measure so proposed.  In the case of initiatives to the legislature

and initiatives to the people, the number of valid signatures of

legal voters required shall be equal to eight percent of the votes

cast for the office of governor at the last gubernatorial election

preceding the initial filing of the text of the initiative measure

with the secretary of state.

   Initiative petitions shall be filed with the secretary of state

not less than four months before the election at which they are to

be voted upon, or not less than ten days before any regular session

of the legislature.  If filed at least four months before the

election at which they are to be voted upon, he shall submit the

same to the vote of the people at the said election.  If such

petitions are filed not less than ten days before any regular

session of the legislature, he shall certify the results within

forty days of the filing.  If certification is not complete by the

date that the legislature convenes, he shall provisionally certify

the measure pending final certification of the measure.  Such

initiative measures, whether certified or provisionally certified,

shall take precedence over all other measures in the legislature

except appropriation bills and shall be either enacted or rejected

without change or amendment by the legislature before the end of

such regular session.  If any such initiative measures shall be

enacted by the legislature it shall be subject to the referendum

petition, or it may be enacted and referred by the legislature to

the people for approval or rejection at the next regular election. 

If it is rejected or if no action is taken upon it by the

legislature before the end of such regular session, the secretary

of state shall submit it to the people for approval or rejection at

the next ensuing regular general election.  The legislature may

reject any measure so proposed by initiative petition and propose

a different one dealing with the same subject, and in such event

both measures shall be submitted by the secretary of state to the

people for approval or rejection at the next ensuing regular

general election.  When conflicting measures are submitted to the

people the ballots shall be so printed that a voter can express

separately by making one cross (X) for each, two preferences,

first, as between either measure and neither, and secondly, as

between one and the other.  If the majority of those voting on the

first issue is for neither, both fail, but in that case the votes

on the second issue shall nevertheless be carefully counted and

made public.  If a majority voting on the first issue is for

either, then the measure receiving a majority of the votes on the

second issue shall be law.

   (b) Referendum.  The second power reserved by the people is the

referendum, and it may be ordered on any act, bill, law, or any

part thereof passed by the legislature, except such laws as may be

necessary for the immediate preservation of the public peace,

health or safety, support of the state government and its existing

public institutions, either by petition signed by the required

percentage of the legal voters, or by the legislature as other

bills are enacted:  Provided, That the legislature may not order a

referendum on any initiative measure enacted by the legislature

under the foregoing subsection (a). The number of valid signatures

of registered voters required on a petition for referendum of an

act of the legislature or any part thereof, shall be equal to or

exceeding four percent of the votes cast for the office of governor

at the last gubernatorial election preceding the filing of the text

of the referendum measure with the secretary of state.

   (c) No act, law, or bill subject to referendum shall take effect

until ninety days after the adjournment of the session at which it

was enacted.  No act, law, or bill approved by a majority of the

electors voting thereon shall be amended or repealed by the

legislature within a period of two years following such enactment: 

Provided,  That any  such act, law, or bill may be amended within

two years after such enactment at any regular or special session of

the legislature by a vote of two-thirds of all the members elected

to each house with full compliance with section 12, Article III, of

the Washington Constitution, and no amendatory law adopted in

accordance with this provision shall be subject to referendum.  But

such enactment may be amended or repealed at any general regular or

special election by direct vote of the people thereon.

   (d) The filing of a referendum petition against one or more

items, sections, or parts of any act, law, or bill shall not delay

the remainder of the measure from becoming operative.  Referendum

petitions against measures passed by the legislature shall be filed

with the secretary of state not later than ninety days after the

final adjournment of the session of the legislature which passed

the measure on which the referendum is demanded.  The veto power of

the governor shall not extend to measures initiated by or referred

to the people.  All elections on measures referred to the people of

the state shall be had at the next succeeding regular general

election following the filing of the measure with the secretary of

state, except when the legislature shall order a special election. 

Any measure initiated by the people or referred to the people as

herein provided shall take effect and become the law if it is

approved by a majority of the votes cast thereon:  Provided, That

the vote cast upon such question or measure shall equal one-third

of the total votes cast at such election and not otherwise.  Such

measure shall be in operation on and after the thirtieth day after

the election at which it is approved.  The style of all bills

proposed by initiative petition shall be:  "Be it enacted by the

people of the State of Washington."  This section shall not be

construed to deprive any member of the legislature of the right to

introduce any measure. All such petitions shall be filed with the

secretary of state, who shall be guided by the general laws in

submitting the same to the people until additional legislation

shall especially provide therefor.  This section is self-executing,

but legislation may be enacted especially to facilitate its

operation.

   (e) The legislature shall provide methods of publicity of all

laws or parts of laws, and amendments to the Constitution referred

to the people with arguments for and against the laws and

amendments so referred.  The secretary of state shall send one copy

of the publication to each individual place of residence in the

state and shall make such additional distribution as he shall

determine necessary to reasonably assure that each voter will have

an opportunity to study the measures prior to election. [AMENDMENT

72, 1981 Substitute Senate Joint Resolution No. 133, p 1796. 

Approved November 3, 1981.]

Referendum procedures regarding salaries:  Art. 28 Section 1.