[atlas:bill]

AN ACT Relating to initiative or referendum petition signature solicitors; amending RCW 29.79.490; adding a new section to chapter 29.79 RCW; and prescribing penalties.

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:

(1) A person who solicits or procures signatures on an initiative or referendum petition must be a resident of the state as defined by RCW 29.01.140 and at least eighteen years of age.

(2) When a person who receives compensation for soliciting or procuring signatures on an initiative or referendum petition is soliciting or procuring signatures for which he or she has been or will be compensated, the person shall wear a badge on the front of his or her outermost clothing above the waist that clearly and conspicuously identifies the person as a paid signature solicitor.

(3) A person who is soliciting or procuring signatures on an initiative or referendum for which he or she will not be compensated shall wear a badge on the front of his or her outermost clothing above the waist that clearly and conspicuously identifies the person as an unpaid volunteer signature solicitor.

(4) A person who solicits or procures signatures on an initiative or referendum petition must execute an affidavit that includes his or her printed name, the permanent address where he or she physically resides, the county, and the date he or she signed the affidavit; that he or she has read and understands the laws governing the circulation of petitions; that he or she will permit signatures to be affixed only in the solicitor's presence; that to the best of the solicitor's ability each of the persons signing the petition section is, at the time of signing, registered to vote in this state; a statement of the solicitor's paid or unpaid status at the time this petition will be circulated; and that he or she has not paid or will not in the future pay and that he or she believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing the signer to affix his or her signature to the petition. Each petition circulated for signatures must have a properly executed affidavit attached while it is being circulated.

(5) The affidavit required by subsection (4) of this section must be attached to each individual petition submitted to the secretary of state for validation. The secretary of state may not accept for filing a petition that does not have a properly executed affidavit attached.

Sec. 2. 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) Solicits or procures signatures for an initiative or referendum petition if he or she is not a resident of the state as defined in RCW 29.01.140 and at least eighteen years of age; or

(7) Fails to wear a badge identifying him or her as a paid signature solicitor when required by section 1(2) of this act; or

(8) Wears a badge identifying him or her as an unpaid volunteer signature solicitor under section 1(3) of this act when he or she is compensated for soliciting or procuring signatures under section 1(2) of this act; or

(9) Solicits or procures signatures for an initiative or referendum petition without having attached to it a properly executed affidavit as required by section 1(4) of this act.

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