BILL REQ. #:  S-0175.1 

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

     AN ACT Relating to paid petition signature gathering; amending RCW 29A.84.280; reenacting RCW 29A.84.250; and prescribing penalties.

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

Sec. 1   RCW 29A.84.280 and 2003 c 111 s 2116 are each amended to read as follows:
     The legislature finds that paying a worker, whose task it is to secure the signatures of voters on initiative or referendum petitions, on the basis of the number of signatures the worker secures on the petitions encourages the introduction of fraud in the signature gathering process. It has been shown that such a form of payment ((may act as)) has been an incentive in this state and region for ((the)) some workers to encourage a person to sign a petition which the person is not qualified to sign or to sign a petition for a ballot measure even if the person has already signed a petition for the measure. Other workers, paid on a per-signature basis, have forged signatures on petitions. Such payments also threaten the integrity of the initiative and referendum process by providing an incentive for misrepresenting the nature or effect of a ballot measure in securing petition signatures for the measure.
     The legislature intends to provide consistency between voter registration workers and initiative and referendum workers since Washington state bars per-signature payment when registering voters.

Sec. 2   RCW 29A.84.250 and 2003 c 111 s 2113 are each reenacted to read as follows:
     Every person 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. This subsection does not apply to or prohibit any activity that is properly reported in accordance with the applicable provisions of chapter 42.17 RCW.
     A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.