AN ACT Relating to initiatives and referenda;
amending RCW 29.79.440, 29.79.480, 29.79.490, 42.17.090, 29.27.060, 29.79.040,
29.79.110, 29.27.065, 29.27.067, and 35A.29.120; adding new sections to chapter
29.79 RCW; repealing RCW 35.17.320; prescribing penalties; and declaring an
emergency.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A
new section is added to chapter 29.79 RCW to read as follows:
The legislature finds that paying a worker,
whose task it is to secure the signatures of voters on initiative or referendum
petitions, on the basis of the number of signatures the worker secures on the
petitions encourages the introduction of fraud in the signature gathering
process. Such a form of payment may act as an incentive for the worker to
encourage a person to sign a petition which the person is not qualified to sign
or to sign a petition for a ballot measure even if the person has already
signed a petition for the measure. Such payments also threaten the integrity
of the initiative and referendum process by providing an incentive for
misrepresenting the nature or effect of a ballot measure in securing petition
signatures for the measure.
Sec. 2.
RCW 29.79.440 and 1965 c 9 s 29.79.440 are each amended to read as follows:
Every person who signs an initiative or
referendum petition with any other than his or her true name shall be
guilty of a class C felony punishable under RCW 9A.20.021. Every
person who knowingly signs more than one petition for the same initiative or
referendum measure or who signs an initiative or referendum petition knowing
that he or she is not a legal voter or who makes a false statement as to
his or her residence on any initiative or referendum petition, shall be
guilty of a gross misdemeanor punishable to the same extent as a gross
misdemeanor that is punishable under RCW 9A.20.021.
Sec. 3.
RCW 29.79.480 and 1965 c 9 s 29.79.480 are each amended to read as follows:
Every officer who willfully violates any
of the provisions of this chapter or chapter 29.81 RCW, for the violation of
which no penalty is herein prescribed, or who willfully fails to comply
with the provisions of this chapter or chapter 29.81 RCW, shall be guilty of a
gross misdemeanor punishable to the same extent as a gross misdemeanor that
is punishable under RCW 9A.20.021.
Sec. 4.
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)) Provides
or receives consideration for soliciting or procuring signatures on an
initiative or referendum petition if any part of the consideration is based
upon the number of signatures solicited or procured, or offers to provide or
agrees to receive such consideration any of which is based on the number of
signatures solicited or procured; or
(((4))) (3) Gives or offers any
consideration or gratuity to any person to induce him or her 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))) (4) 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))) (5) 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.
A gross misdemeanor under this section is
punishable to the same extent as a gross misdemeanor that is punishable under
RCW 9A.20.021.
NEW SECTION. Sec. 5. A
new section is added to chapter 29.79 RCW to read as follows:
The word "warning" and the warning
statement regarding signing petitions that must appear on petitions as
prescribed by RCW 29.79.090, 29.79.100, and 29.79.110 shall be printed on each
petition sheet such that they occupy not less than four square inches of the
front of the petition sheet.
Sec. 6.
RCW 42.17.090 and 1989 c 280 s 9 are each amended to read as follows:
(1) Each report required under RCW 42.17.080
(1) and (2) shall disclose the following:
(a) The funds on hand at the beginning of the
period;
(b) The name and address of each person who has
made one or more contributions during the period, together with the money value
and date of such contributions and the aggregate value of all contributions
received from each such person during the campaign or in the case of a
continuing political committee, the current calendar year: PROVIDED, That
pledges in the aggregate of less than one hundred dollars from any one person
need not be reported: PROVIDED FURTHER, That the income which results from a
fund-raising activity conducted in accordance with RCW 42.17.067 may be
reported as one lump sum, with the exception of that portion of such income
which was received from persons whose names and addresses are required to be
included in the report required by RCW 42.17.067: PROVIDED FURTHER, That
contributions of no more than twenty-five dollars in the aggregate from any one
person during the election campaign may be reported as one lump sum so long as
the campaign treasurer maintains a separate and private list of the name,
address, and amount of each such contributor: PROVIDED FURTHER, That the money
value of contributions of postage shall be the face value of such postage;
(c) Each loan, promissory note, or security
instrument to be used by or for the benefit of the candidate or political
committee made by any person, together with the names and addresses of the
lender and each person liable directly, indirectly or contingently and the date
and amount of each such loan, promissory note, or security instrument;
(d) All other contributions not otherwise
listed or exempted;
(e) The name and address of each candidate or political
committee to which any transfer of funds was made, together with the amounts
and dates of such transfers;
(f) The name and address of each person to whom
an expenditure was made in the aggregate amount of more than fifty dollars
during the period covered by this report, and the amount, date, and purpose of
each such expenditure. A candidate for state executive or state legislative
office or the political committee of such a candidate shall report this
information for an expenditure under one of the following categories, whichever
is appropriate: (i) Expenditures for the election of the candidate; (ii)
expenditures for nonreimbursed public office-related expenses; (iii)
expenditures required to be reported under (e) of this subsection; or (iv) expenditures
of surplus funds and other expenditures. The report of such a candidate or
committee shall contain a separate total of expenditures for each category and
a total sum of all expenditures. Other candidates and political committees
need not report information regarding expenditures under the categories listed
in (i) through (iv) of this subsection or under similar such categories unless
required to do so by the commission by rule. The report of such an other
candidate or committee shall also contain the total sum of all expenditures;
(g) The name and address of each person to
whom any expenditure was made directly or indirectly to compensate the person
for soliciting or procuring signatures on an initiative or referendum petition,
the amount of such compensation to each such person, and the total of the
expenditures made for this purpose. Such expenditures shall be reported under
this subsection (1)(g) whether the expenditures are or are not also required to
be reported under (f) of this subsection;
(h) The name and address of any person
and the amount owed for any debt, obligation, note, unpaid loan, or other
liability in the amount of more than two hundred fifty dollars or in the amount
of more than fifty dollars that has been outstanding for over thirty days;
(((h))) (i) The surplus or
deficit of contributions over expenditures;
(((i))) (j) The disposition made
in accordance with RCW 42.17.095 of any surplus funds;
(((j))) (k) Such other
information as shall be required by the commission by rule in conformance with
the policies and purposes of this chapter; and
(((k))) (l) Funds received from a
political committee not otherwise required to report under this chapter (a
"nonreporting committee"). Such funds shall be forfeited to the
state of Washington unless the nonreporting committee has filed or within ten
days following such receipt files with the commission a statement disclosing:
(i) its name and address; (ii) the purposes of the nonreporting committee;
(iii) the names, addresses, and titles of its officers or if it has no
officers, the names, addresses, and titles of its responsible leaders; (iv) the
name, office sought, and party affiliation of each candidate in the state of
Washington whom the nonreporting committee is supporting, and, if such
committee is supporting the entire ticket of any party, the name of the party;
(v) the ballot proposition supported or opposed in the state of Washington, if
any, and whether such committee is in favor of or opposed to such proposition;
(vi) the name and address of each person residing in the state of Washington or
corporation which has a place of business in the state of Washington who has
made one or more contributions in the aggregate of more than twenty-five
dollars to the nonreporting committee during the current calendar year,
together with the money value and date of such contributions; (vii) the name
and address of each person in the state of Washington to whom an expenditure
was made by the nonreporting committee on behalf of a candidate or political
committee in the aggregate amount of more than fifty dollars, the amount, date,
and purpose of such expenditure, and the total sum of such expenditures; (viii)
such other information as the commission may prescribe by rule, in keeping with
the policies and purposes of this chapter. A nonreporting committee incurring
an obligation to file additional reports in a calendar year may satisfy the
obligation by filing with the commission a letter providing updating or
amending information.
(2) The treasurer and the candidate shall
certify the correctness of each report.
NEW SECTION. Sec. 7. A
new section is added to chapter 29.79 RCW to read as follows:
(1) Except as provided to the contrary in RCW
82.14.036, 82.46.021, or 82.80.090, the ballot title of any referendum filed on
an enactment or portion of an enactment of the state legislature or of the
legislative authority of a unit of local government shall be composed of three
elements: (a) An identification of the enacting legislative body; (b) a
concise statement identifying the essential features of the enactment on which
the referendum is filed; and (c) a question asking the voters whether the enactment
should be approved or rejected by the people. The ballot issue shall be
displayed on the ballot substantially as follows:
Referendum Measure No. XX. The (name of legislative
body) has passed a law that (concise statement). Should this law be
APPROVED
.......
OR
REJECTED
.......
(2) For a referendum measure on a state
enactment, the concise statement shall be prepared by the attorney general and
shall not exceed twenty-five words.
(3) The concise statement for a referendum measure
on an enactment of the legislative authority of a unit of local government
shall not exceed seventy-five words. If the local governmental unit is a city
or a town, the concise statement shall be prepared by the city or town
attorney. If the local governmental unit is a county, the concise statement
shall be prepared by the prosecuting attorney of the county. If the unit is a
unit of local government other than a city, town, or county, the concise
statement shall be prepared by the prosecuting attorney of the county within
which the majority area of the unit is located.
(4) A referendum measure on the enactment of a
unit of local government shall be advertised in the manner provided for
nominees for elective office.
Sec. 8.
RCW 29.27.060 and 1985 c 252 s 1 are each amended to read as follows:
(1) When a proposed constitution or
constitutional amendment or other question is to be submitted to the people of
the state for state-wide popular vote, the attorney general shall prepare a
concise statement posed as a question and not exceeding twenty words containing
the essential features thereof expressed in such a manner as to clearly
identify the proposition to be voted upon.
Questions to be submitted to the people of a
county or municipality shall also be advertised as provided for nominees for
office, and in such cases there shall also be printed on the ballot a concise
statement posed as a question and not exceeding seventy-five words containing
the essential features thereof expressed in such a manner as to clearly
identify the proposition to be voted upon, which statement shall be prepared by
the city or town attorney for the city or town, and by the
prosecuting attorney for the county or any other ((political subdivision of
the state)) unit of local government, other than ((cities)) a
city or town, the majority area of which is situated in the county.
The concise statement constitutes the ballot
title.
(2) The secretary of state shall certify
to the county auditors the ballot title for a proposed constitution,
constitutional amendment or other state-wide question at the same time and in
the same manner as the ballot titles to initiatives and referendums.
(3) Subsection (1) of this section does not
apply to referendum measures filed on an enactment of the state legislature or
on an enactment of the legislative authority of a unit of local government, nor
does it apply to the extent that other provisions of state law provide
otherwise for a specific type of ballot question or proposition.
Sec. 9.
RCW 29.79.040 and 1982 c 116 s 4 are each amended to read as follows:
Within seven calendar days after the receipt of
an initiative or referendum measure the attorney general shall formulate and
transmit to the secretary of state ((a)) the concise statement ((posed
as a question and not to exceed twenty words,)) required by RCW
29.27.060 or section 7 of this act bearing the serial number of the measure
and a summary of the measure, not to exceed seventy-five words, to follow the
statement. The statement may be distinct from the legislative title of the
measure, and shall give a true and impartial statement of the purpose of the
measure. Neither the statement nor the summary may intentionally be an argument,
nor likely to create prejudice, either for or against the measure. Except
as provided for in section 7 of this act, such a concise statement
shall constitute the ballot title. The ballot title or, for a referendum on
a state enactment, the concise statement formulated by the attorney general
shall be the ballot title of or concise statement describing the measure
unless changed on appeal. When practicable, the question posed by the ballot
title shall be written in such a way that an affirmative answer to such
question and an affirmative vote on the measure would result in a change in
then current law, and a negative answer to the question and a negative vote on
the measure would result in no change to then current law.
Sec. 10.
RCW 29.79.110 and 1982 c 116 s 11 are each amended to read as follows:
Petitions ordering that acts or parts of acts
passed by the legislature be referred to the people at the next ensuing general
election, or special election ordered by the legislature, shall be
substantially in the following form:
WARNING
Every person who signs this petition with any
other than his or her true name, knowingly signs more than one of these
petitions, signs this petition when he or she is not a legal voter, or makes
any false statement on this petition may be punished by fine or imprisonment or
both.
PETITION
FOR REFERENDUM
To the Honorable .........., Secretary of State of the
State of Washington:
We, the undersigned citizens and legal voters
of the State of Washington, respectfully order and direct that Referendum
Measure No. ....., ((entitled (here insert the established ballot title of
the measure) being)) filed to revoke a (or part or parts of a) bill that
(concise statement required by section 7 of this act) and that was passed
by the .......... legislature of the State of Washington at the last regular
(special) session of said legislature, shall be referred to the people of the
state for their approval or rejection at the regular (special) election to be
held on the ..... day of November, 19..; and each of us for himself or herself
says: I have personally signed this petition; I am a legal voter of the State
of Washington, in the city (or town) and county written after my name, my
residence address is correctly stated, and I have knowingly signed this
petition only once.
.................................................................
| | |
|
Petitioner's | Print name | Residence address,| City
|
signature | for positive | street and number,| or
| County
|identification| if any | Town
|
| | |
|
.................................................................
(Here follow 20
numbered lines divided into columns as below.)
| | |
|
| | |
|
1
...............................................................
| | |
|
| | |
|
2
...............................................................
| | |
|
| | |
|
3
...............................................................
etc.
Sec. 11.
RCW 29.27.065 and 1965 c 9 s 29.27.065 are each amended to read as follows:
Upon the filing of a ballot title as defined in
RCW 29.27.060 or a concise statement as required under section 7 of this act,
the secretary of state, in the event it is a state question, or the
county auditor in the event it is a county or other local question, shall
forthwith notify the persons proposing the measure of the exact language of the
ballot title.
Sec. 12.
RCW 29.27.067 and 1965 c 9 s 29.27.067 are each amended to read as follows:
If the persons filing any state or local
question covered by RCW 29.27.060 or section 7 of this act are
dissatisfied with the ballot title or concise statement formulated by
the attorney general, city attorney, or prosecuting attorney preparing the
same, they may at any time within ten days from the time of the filing of the
ballot title or statement appeal to the superior court of Thurston
county if it is a state-wide question, or to the superior court of the county
where the question is to appear on the ballot, if it is a county or local
question, by petition setting forth the measure, the ballot title or
statement objected to, their objections to ((the ballot title)) it
and praying for amendment thereof. The time of the filing of the ballot title or
statement, as used herein in determining the time for appeal, is the time
the ballot title or statement is first filed with the secretary of
state, if concerning a state-wide question, or the county auditor, if a local
question, the secretary of state or the county officer being herein called the
"filing officer."
A copy of the petition on appeal together with
a notice that an appeal has been taken shall be served upon the filing officer
and the official preparing the ballot title or statement. Upon the
filing of the petition on appeal, the court shall forthwith, or at the time to
which a hearing may be adjourned by consent of the appellants, examine the
proposed measure, the ballot title or concise statement filed and the
objections thereto and may hear arguments thereon, and shall as soon as
possible render its decision and certify to and file with the filing officer
such ballot title or statement as it determines will meet the
requirements of this chapter. The decision of the superior court shall be
final, and the title or statement so certified shall be the established
ballot title or concise statement. Such appeal shall be heard without
cost to either party.
Sec. 13.
RCW 35A.29.120 and 1979 ex.s. c 18 s 31 are each amended to read as follows:
When any question is to be submitted to the
voters of a code city, or when a proposition is to be submitted to the voters
of an area under provisions of this title, the question or proposition shall be
advertised as provided for nominees for office, and in such cases there shall
also be printed on the ballot a ((concise statement)) ballot title
for the question or proposition in the form ((of a question and as
otherwise provided in)) applicable under section 7 of this act, RCW
29.27.060, ((which statement)) 82.14.036, 82.46.021, or 82.80.090 or
as otherwise expressly required by state law. The ballot title shall be
prepared by the attorney for the code city, or ((by the prosecuting attorney
for the county)) as specified in RCW 29.27.060 for elections held
outside of a code city. ((The concise statement shall constitute the ballot
title.))
NEW SECTION. Sec. 14.
RCW 35.17.320 and 1965 c 7 s 35.17.320 are each repealed.
NEW SECTION. Sec. 15. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW SECTION. Sec. 16.
This act is necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
