H-3901.1          _______________________________________________

 

                                  HOUSE BILL 2558

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Representatives Chandler, Anderson, McLean, Wilson, Sheldon, Paris, Mitchell, May, Betrozoff, Bowman, Brough, Hochstatter, Morton, Rasmussen, Casada, D. Sommers, Wynne, Brumsickle, Wood, Fraser, Tate and Schmidt

 

Read first time 01/22/92.  Referred to Committee on State Government.Restricting paid solicitation of signatures for initiative or referendum petitions.


     AN ACT Relating to initiative and referendum petitions; amending RCW 29.79.490; adding a new section to chapter 29.79 RCW; creating a new section; and prescribing penalties.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     NEW SECTION.  Sec. 1.      The legislature finds that permitting individuals who gather signatures on initiative or referendum petitions to be paid based on the number of signatures they gather or to be paid based upon the successfulness of the signature gathering campaign invites the introduction of fraud into a vital aspect of the election process.

 

     NEW SECTION.  Sec. 2.  A new section is added to chapter 29.79 RCW to read as follows:

     It is unlawful to offer, provide, receive, or agree to receive any consideration for soliciting or procuring signatures upon an initiative or referendum petition if any part of the consideration:

     (1) Is provided or is to be provided based upon the number of signatures solicited or procured; or

     (2) Is provided or is to be provided contingent upon the initiative or referendum campaign's securing enough valid signatures to place the initiative or referendum on the ballot.

     A person who violates this section is guilty of a gross misdemeanor which is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

 

     Sec. 3.  RCW 29.79.490 and 1975-'76 2nd ex.s. c 112 s 2 are each amended to read as follows:

     Every person shall be guilty of a gross misdemeanor who:

     (1) For any consideration or gratuity or promise thereof, signs or declines to sign any initiative or referendum petition; or

     (2) ((Advertises in any manner that for or without consideration, he will solicit or procure signatures upon or influence or attempt to influence persons to sign or not to sign, to vote or not to vote upon an initiative or referendum petition, or to vote for or against any initiative or referendum; or

     (3) For any consideration or gratuity or promise thereof solicits or procures signatures upon an initiative or referendum petition; or

     (4))) Gives or offers any consideration or gratuity to any person to induce him to sign or not to sign((, or to solicit or procure signatures upon an initiative or referendum petition,)) or to vote for or against any initiative or referendum measure; or

     (((5))) (3) Interferes with or attempts to interfere with the right of any voter to sign or not to sign an initiative or referendum petition or with the right to vote for or against an initiative or referendum measure by threats, intimidation, or any other corrupt means or practice((; or

     (6) Receives, handles, distributes, pays out, or gives away, directly or indirectly, money or any other thing of value contributed by or received from any person, firm, association, or corporation whose residence or principal office is, or the majority of whose members or stockholders have their residence outside, the state of Washington, for any service rendered for the purpose of aiding in procuring signatures upon any initiative or referendum petition or for the purpose of aiding in the adoption or rejection of any initiative or referendum measure:  PROVIDED, That this subsection shall not apply to or prohibit any activity which is properly reported in accordance with the applicable provisions of chapter 42.17 RCW)).

     Such a gross misdemeanor is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.