H-2293

AN ACT Relating to petitions to be filed with the government; amending RCW 29.79.090, 29.79.100, 29.79.110, and 29.79.490; and adding a new section to chapter 29.79 RCW.

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

Sec. 1. RCW 29.79.090 and 1982 c 116 s 9 are each amended to read as follows:

(1) Petitions for proposing measures for submission to the legislature at its next regular session, 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.

INITIATIVE PETITION FOR

SUBMISSION TO THE LEGISLATURE

To the Honorable . . . . . ., Secretary of State of the State of Washington:

We, the undersigned citizens and legal voters of the State of Washington, respectfully direct that this petition and the proposed measure known as Initiative Measure No. . . . . and entitled (here set forth the established ballot title of the measure), a full, true, and correct copy of which is printed on the reverse side of this petition, be transmitted to the legislature of the State of Washington at its next ensuing regular session, and we respectfully petition the legislature to enact said proposed measure into law; 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.)

│ │ │ │

1B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

2B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

3B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

etc."

(2) Space must be provided on each petition for the person or persons who procured the signatures to both sign and print his or her name and address certifying that, to his or her knowledge, the signatures on the petition are valid.

(3) In addition, the following must be included and completed on each initiative petition where compensation, pay, or other consideration is provided to the person circulating, soliciting, or procuring signatures on that petition in at least twenty-point, bold-faced type at the top of each petition:

"SIGNATURE GATHERERS ARE BEING PAID BY . . . . . (type or legibly print in ink the name of the group, organization, or person paying for the signature gathering) TO CIRCULATE THIS PETITION."

The requirements under this subsection (3) are not required on any other petition for the same initiative measure if compensation, pay, or other consideration is not provided to the person circulating, soliciting, or procuring signatures on that particular petition.

Sec. 2. RCW 29.79.100 and 1982 c 116 s 10 are each amended to read as follows:

(1) Petitions for proposing measures for submission to the people for their approval or rejection at the next ensuing general election, shall be substantially in the following form:

"WARNING

INITIATIVE PETITION FOR

SUBMISSION TO THE PEOPLE

To the Honorable . . . . . ., Secretary of State of the State of Washington:

We, the undersigned citizens and legal voters of the State of Washington, respectfully direct that the proposed measure known as Initiative Measure No. . . . ., entitled (here insert the established ballot title of the measure), a full, true and correct copy of which is printed on the reverse side of this petition, be submitted to the legal voters of the State of Washington for their approval or rejection at the general 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.)

│ │ │ │

1B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

2B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

3B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

etc."

"SIGNATURE GATHERERS ARE BEING PAID BY . . . . . (type or legibly print in ink the name of the group, organization, or person paying for the signature gathering) TO CIRCULATE THIS PETITION."

Sec. 3. RCW 29.79.110 and 1993 c 256 s 10 are each amended to read as follows:

(1) 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

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. . . . . ., filed to revoke a (or part or parts of a) bill that (concise statement required by RCW 29.79.055) 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.)

│ │ │ │

1B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

2B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

3B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

etc."

(3) In addition, the following must be included and completed on each referendum petition where compensation, pay, or other consideration is provided to the person circulating, soliciting, or procuring signatures on that petition in at least twenty-point, bold-faced type at the top of each petition:

"SIGNATURE GATHERERS ARE BEING PAID BY . . . . . (type or legibly print in ink the name of the group, organization, or person paying for the signature gathering) TO CIRCULATE THIS PETITION."

The requirements under this subsection (3) are not required on any other petition for the same referendum measure if compensation, pay, or other consideration is not provided to the person circulating, soliciting, or procuring signatures on that particular petition.

NEW SECTION. Sec. 4. A new section is added to chapter 29.79 RCW to read as follows:

A person who provides compensation, pay, or other consideration to another person to circulate, solicit, or procure signatures on an initiative or referendum petition shall keep records of the person who procured the signatures for consideration on each separate petition. Space must be provided on each petition to number the petition to assist in tracking the signature gatherers. These records must be kept current and must be submitted to the secretary of state when the petitions are filed.

Sec. 5. RCW 29.79.490 and 1993 c 256 s 4 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) 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

(3) Gives or offers any consideration or gratuity to any person to induce him or her to sign or not to sign or to vote for or against any initiative or referendum measure; or

(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

(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; or

(6) Circulates, solicits, or procures, or attempts to procure, signatures upon an initiative or referendum petition that fails to meet the requirements of RCW 29.79.080, 29.79.090, 29.79.100, or 29.79.110, including, where applicable, the requirements that: (a) The statement be included indicating that signature gatherers are being paid or otherwise receiving consideration to gather signatures; and (b) the name of the group, organization, or person paying for signature gathering be inserted.

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. 6. 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.