End-of-life ballot measure faces fight from coalition

By Jeremy Pawloski | The Olympian • Published February 09, 2008

The Coalition Against Assisted Suicide has filed a petition appealing the proposed ballot title and summary for Initiative 1000 — a measure that would allow voters to decide in November whether certain terminally ill adults can obtain lethal prescriptions.

The title and summary do not make voters aware of the "specific impact" the initiative would have on existing laws, the petition says.

"The primary purpose of I-1000 is to reverse Washington's assisted suicide ban by decriminalizing assisted suicide and allowing physicians to prescribe lethal drugs to terminally-ill patients and commit suicide," reads the coalition's petition. "The measure not only endorses assisted suicide, but creates an entire protocol for facilitating suicide."

Also, the coalition objects to two "key initiative provisions": 1) terminally ill patients do not have to undergo a mental-health evaluation before obtaining lethal drugs, and 2) no notice is required to the patient's family members.

"A patient could kill himself before the family members are even notified of the suicide request," Kristen Waggoner, an attorney for the coalition, said Friday.

I-1000 is sponsored by former Washington Gov. Booth Gardner. It is modeled after a similar law in Oregon that is 10 years old and has withstood legal challenge, said Christian Sinderman, an I-1000 spokesman. "What they're trying to do is attempt to overtly politicize the ballot title to fit their own campaign's name," Sinderman said of the coalition's efforts. She added: "This initiative is about terminally ill, mentally competent adults making their own end-of-life choices."

Oral argument on the petition is scheduled for Feb. 22 in Thurston County Superior Court. The case is assigned to Judge Gary Tabor. After oral arguments, Tabor will issue a ballot title and summary that the court has determined complies with legal requirements, Attorney General spokeswoman Janelle Guthrie said.

There are three components to a ballot initiative, Guthrie said: 1) a statement of subject that is 10 words or fewer; 2) a concise description that is 30 words or fewer; and 3) a summary that is 75 words or fewer.

The current language for I-1000 was written by the Attorney General's Office, she said.

"The statute requires a true and impartial description of the measure's essential contents that clearly identifies what is to be voted on," Guthrie said, quoting from state law. "To the extent possible it cannot create prejudice for or against the initiative."

Guthrie said it is not uncommon for contents of an initiative to be appealed.

"Anyone can appeal the ballot title to superior court," she said.

Sinderman said Gardner has been diagnosed as having Parkinson's disease, but "he would never be able to use this law as written" because it is only for patients with six months or less to live.

I-1000 proponents have until July 3 to collect 224,880 signatures needed to place the measure on the ballot. But Sinderman said proponents cannot start gathering signatures until the final ballot language is agreed on. He called the coalition's filing of its appeal Wednesday "a political stall tactic" that will make it more difficult to get signatures by the deadline.

Jeremy Pawloski covers public safety for The Olympian. He can be reached at 360-754-5465 or jpawloski@theolympian.com.