Tunnel foes challenge Voter's Guide wording

An anti-tunnel group says the proposed Voter's Guide statement on Referendum 1 — wording crafted by the Seattle city attorney — shows an inappropriate bias and needs to be rewritten.

Gary Manca, an attorney for Protect Seattle Now, which filed the referendum, has notified the Seattle Ethics and Elections Commission that the group plans to challenge the proposed language, contending that it is prejudicial and contains "editorializing and speculation" about the effect of the election.

Manca said the group was concerned about the wording because City Attorney Pete Holmes brought a legal challenge in April to prevent the tunnel referendum from going to voters.

"There's a problem with the city attorney who sued to keep the referendum off the ballot explaining to voters what the referendum means," Manca said.

The City Attorney's Office says it is required by city statute to write the Voter's Guide statement and that's a duty separate from its effort to challenge a referendum's legality.

"We believe the final version of the statement explains the effects of accepting or rejecting the referendum as clearly and completely as possible," said John Schochet, assistant city attorney.

The referendum will be on the Aug. 16 primary ballot.

The Ethics and Elections Commission likely will meet next week to consider the appeal, said Wayne Barnett, executive director.

The pro-tunnel campaign, which supports the state's plan to replace the Highway 99 viaduct, said it had not yet seen the appeal and didn't know if it would also challenge the Voter's Guide statement. It has until Thursday to file an appeal, Barnett said.

A judge ruled last month that one section of a 140-page agreement between the city and state covering preliminary design work on the tunnel could go to voters. That section says the City Council shall "give notice" whether or not to proceed on the project once the final environmental review is done.

Pro-tunnel forces have argued the referendum will be a narrow decision about whether the council puts that notice in the form of a resolution or an ordinance. An ordinance could be subject to another referendum.

Manca said Monday the vote has greater significance. He said a vote to reject the city-state tunnel agreements could mean the council is not authorized to issue any notice to proceed, "whether by ordinance, letter or carrier pigeon."

Lynn Thompson: 206-464-8305