S-3418.1 _______________________________________________
SENATE BILL 6325
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Senators Madsen, Vognild, McMullen, McCaslin and Rasmussen
Read first time 01/27/92. Referred to Committee on Governmental Operations.
AN ACT Relating to solicitation of signatures on initiative and referendum petitions; amending RCW 29.79.490; adding a new section to chapter 29.79 RCW; creating a new section; prescribing penalties; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature recognizes that soliciting signatures on an initiative or referendum petition is a constitutionally protected activity and that paying a salary to an individual for soliciting petition signatures may not be prohibited. However, the legislature declares that there is a strong state interest in assuring that there is no fraud practiced in obtaining signatures on initiative and referendum petitions and that compensation paid and received for soliciting petition signatures that is based in whole or in part on the number of signatures collected creates an incentive to misrepresent the content or purpose of the petition.
NEW SECTION. Sec. 2. A new section is added to chapter 29.79 RCW to read as follows:
Paying or receiving compensation for soliciting signatures on an initiative or referendum petition is a gross misdemeanor punishable under chapter 9A.20 RCW if any of that compensation is based on the number of signatures collected in the course of or as a result of that solicitation.
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)) is 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)).
NEW SECTION. Sec. 4. 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.