BILL REQ. #:  Z-0909.1 

Prefiled 1/6/2006. Read first time 01/09/2006.   Referred to Committee on State Government Operations & Accountability.

     AN ACT Relating to ballot measures; amending RCW 29A.32.040, 29A.56.160, 29A.72.170, and 29A.72.180; adding a new section to chapter 29A.84 RCW; repealing RCW 29A.32.050; and prescribing penalties.

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

Sec. 1   RCW 29A.32.040 and 2003 c 111 s 804 are each amended to read as follows:
     (1) Explanatory statements prepared by the attorney general under RCW 29A.32.070 (3) and (4) must be written in clear and concise language, avoiding legal and technical terms when possible, and filed with the secretary of state.
     (2) When the explanatory statement ((for a measure initiated by petition)) is filed with the secretary of state, the secretary of state shall immediately provide the text of the explanatory statement to the person proposing the measure and any others who have made written request for notification of the exact language of the explanatory statement. In addition, when the explanatory statement for a measure referred to the ballot by the legislature is filed with the secretary of state, the secretary of state shall immediately provide the text of the explanatory statement to the presiding officer of the senate and the presiding officer of the house of representatives ((and any others who have made written request for notification of the exact language of the explanatory statement)).
     (3) A person dissatisfied with the explanatory statement may appeal to the superior court of Thurston County within five days of the filing date. Saturdays, Sundays, and legal holidays are not counted in calculating the time limits in this section. A copy of the petition and a notice of the appeal must be served on the secretary of state and the attorney general. The court shall examine the measure, the explanatory statement, and objections, and may hear arguments. The court shall render its decision and certify to and file with the secretary of state an explanatory statement it determines will meet the requirements of this chapter.
     The decision of the superior court is final, and its explanatory statement is the established explanatory statement. The appeal must be heard without costs to either party.

Sec. 2   RCW 29A.56.160 and 2003 c 111 s 1412 are each amended to read as follows:
     Recall petitions must be printed on single sheets of paper of good writing quality (including but not limited to newsprint) not less than eleven inches in width and not less than fourteen inches in length. No petition may be circulated or signed prior to the first day of the one hundred eighty or two hundred seventy day period established by RCW 29A.56.150 for that recall petition. The petitions must be substantially in the following form:

     The warning prescribed by RCW 29A.72.140; followed by:
     Petition for the recall of (here insert the name of the office and of the person whose recall is petitioned for) to the Honorable (here insert the name and title of the officer with whom the charge is filed).
     We, the undersigned citizens and legal voters of (the state of Washington or the political subdivision in which the recall is to be held), respectfully direct that a special election be called to determine whether or not (here insert the name of the person charged and the office which he or she holds) be recalled and discharged from his or her office, for and on account of (his or her having committed the act or acts of malfeasance or misfeasance while in office, or having violated his or her oath of office, as the case may be), in the following particulars: (here insert the synopsis of the charge); 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 precinct and city (or town) and county written after my name, and my residence address is correctly stated, and to my knowledge, have signed this petition only once.
     The following declaration must be printed on the reverse side of the petition:

     I, . . . . . . . . . . . ., swear or affirm under penalty of law that I circulated this sheet of the foregoing petition, and that, to the best of my knowledge, every person who signed this sheet of the foregoing petition knowingly and without any compensation or promise of compensation willingly signed his or her true name and that the information provided therewith is true and correct. I further acknowledge that under RCW 29A.84.240, forgery of signatures on this petition constitutes a class B felony, and that offering any consideration or gratuity to any person to induce him or her to sign a petition is a gross misdemeanor, such violations being punishable by fine or imprisonment or both.
     RCW 9A.46.020 applies to any conduct constituting harassment against a petition signature gatherer. This penalty does not preclude the victim from seeking any other remedy otherwise available under law.
     The petition must include a place for each petitioner to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.

Sec. 3   RCW 29A.72.170 and 2003 c 111 s 1818 are each amended to read as follows:
     The secretary of state ((may)) must refuse to file any initiative or referendum petition being submitted upon any of the following grounds:
     (1) That the petition ((does not contain the information)) is not in the form required by RCW 29A.72.110, 29A.72.120, ((or)) 29A.72.130, or 29A.72.140.
     (2) That the petition clearly bears insufficient signatures.
     (3) That the time within which the petition may be filed has expired.
     In case of such refusal, the secretary of state shall endorse on the petition the word "submitted" and the date, and retain the petition pending appeal.
     If none of the grounds for refusal exists, the secretary of state must accept and file the petition.

Sec. 4   RCW 29A.72.180 and 2003 c 111 s 1819 are each amended to read as follows:
     If the secretary of state refuses to file an initiative or referendum petition when submitted for filing, the persons submitting it for filing may, within ((ten)) five days after the refusal, apply to the superior court of Thurston county for an order requiring the secretary of state to bring the petitions before the court, and for a writ of mandate to compel the secretary of state to file it. The application takes precedence over other cases and matters and must be speedily heard and determined.
     If the court issues the citation, and determines that the petition is legal in form and apparently contains the requisite number of signatures and was submitted for filing within the time prescribed in the Constitution, it shall issue its mandate requiring the secretary of state to file it as of the date of submission for filing.
     The decision of the superior court granting a writ of mandate is final.

NEW SECTION.  Sec. 5   A new section is added to chapter 29A.84 RCW to read as follows:
     A person who circulates a ballot measure petition that appears to support a measure that differs from the actual measure attached to the petition is guilty of a gross misdemeanor.

NEW SECTION.  Sec. 6   RCW 29A.32.050 (Notice of constitutional amendments and state measures -- Explanatory statement) and 2003 c 111 s 805, 1967 c 96 s 3, & 1965 c 9 s 29.27.076 are each repealed.