BILL REQ. #:  H-0422.1 

Read first time 01/14/2005.   Referred to Committee on State Government Operations & Accountability.

     AN ACT Relating to residency, age, and payment of petition signature gatherers; adding a new section to chapter 29A.72 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds that the preservation of the integrity of the initiative and referendum process is of utmost importance to the citizens of Washington. To protect the process from fraudulent practices, compensation per signature, and the residency and age of signature gatherers need to be addressed.
     The legislature finds that paying workers who gather signatures for initiatives and referendum petitions on the basis of the number of signatures the worker secures increases the possibility of fraud in the signature gathering process. This practice may encourage the signature gatherer to misrepresent the ballot measure, to apply undue pressure on a person to sign a petition that the person is not qualified to sign, to encourage signing even if the person has previously signed, or to invite forgery.
     Article II of the Washington state Constitution reserves to the people the power of the initiative and referendum. Washington gives signature gatherers a major role in the electoral process, for they collect signatures to put before Washington citizens significant issues that may become law. Existing Washington law requires that a sponsor who files a proposed initiative or referendum with the Secretary of State be a registered Washington voter and that those who sign the petition be registered Washington voters. The legislature finds that the significant role in enacting state law played by petition signature gatherers should be undertaken only by residents of Washington at least eighteen years old.

NEW SECTION.  Sec. 2   A new section is added to chapter 29A.72 RCW to read as follows:
     (1) A person who solicits or collects signatures on a statewide initiative or referendum petition must be a resident of Washington and must be at least eighteen years of age. The secretary of state may make rules to implement this subsection.
     (2) A person who pays another for soliciting or collecting signatures on an initiative or referendum petition must pay wages at an hourly rate or salary equal to or more than the minimum wage established under RCW 49.46.020. The department of labor and industries must enforce this subsection in a manner consistent with Title 49 RCW.

NEW SECTION.  Sec. 3   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 takes effect immediately.

NEW SECTION.  Sec. 4   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.