FINAL BILL REPORT

HB 2296

C 121 L 14

Synopsis as Enacted

Brief Description: Addressing duplicate signatures on petitions in cities, towns, and code cities.

Sponsors: Representatives Pike, Harris, Blake, Vick, Taylor, Overstreet, Farrell, S. Hunt and Pollet.

House Committee on Local Government

Senate Committee on Governmental Operations

Background:

There are many statutory purposes for which petitions may be brought in cities and towns including to:

• incorporate a city or town;

• advance the classification of a city or town;

• disincorporate a city or town;

• amend a city charter;

• initiate an ordinance;

• subject an ordinance to referendum;

• consolidate two or more contiguous cities;

• annex unincorporated territory to a city or town;

• initiate the formation of a utility local improvement district;

• create a metropolitan municipal corporation;

• change the name of a city or town; or

• create a city transportation authority.

A petition submitted to a city or town must contain: (1) a concise statement of the action or relief sought by the petitioners and applicable statutes or ordinances; (2) a true copy of the ordinance, if the petition initiates or refers an ordinance; (3) an accurate legal description of the area proposed for annexation, incorporation, withdrawal, or reduction, if the petition seeks such action; (4) numbered lines for signatures with space beside each signature for the name and address of the signer and the date of signing; and (5) a warning that signing a petition without being qualified to do so or making a false statement is a crime.

To be sufficient, a petition must gather a certain number of valid signatures. Signatures must be of qualified registered voters or property owners, as the case may be, in the number required by applicable statute or ordinance (e.g.,"signed by registered voters in the city equal in number to 25 percent of the votes cast in the last general election").

When a petition has been filed, the county auditor, or in certain cases the county assessor, determines whether the petition contains a sufficient number of valid signatures. A signature must be stricken if: (1) any person has signed a petition two or more times; or (2) the signature is followed by a date of signing that is more than six months prior to the date of filing of the petition. When a petition contains duplicate signatures, the original and all duplicates are stricken.

Summary:

If a person signs a petition submitted to a city or town more than once, all but the first valid signature must be rejected.

Votes on Final Passage: