2SSB 5297 -
By Senator Nelson
NOT CONSIDERED 05/25/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) The legislature finds that two of the
greatest strengths of our state's democratic structure are the
citizens' initiative and referenda processes. Indeed, our state
Constitution firmly establishes this right of direct democracy as being
vested in the people.
(2) The legislature further finds there has been a significant
increase in the number of initiatives and referenda filed in Washington
in recent years, resulting in a corresponding increase in the time and
resources required for processing and managing by the secretary of
state's office and the attorney general's office. The legislature also
finds that the current filing fee for initiatives and referenda was set
in 1893 and that this fee falls far short of addressing the cost to
taxpayers, particularly when individuals file multiple duplicate
initiatives or file initiatives for which no signatures are ever
gathered or submitted. The legislature intends, therefore, to adopt an
updated filing fee structure that preserves the ability for all
citizens to access the initiative and referendum processes while also
promoting the taxpayers' interests by diminishing the misuse of state
resources for personal gain.
(3) The legislature further finds that over the last three election
cycles, there has been a dramatic increase across the country in the
incidence of signature fraud and voter deception to qualify initiatives
for the ballot. Because the initiative and referenda processes serve
a vital civic engagement function in our state, the legislature finds
it is in the state's best interest to take a proactive approach to
preventing the spread of fraud, abuse, and deception in Washington's
initiative and referenda processes. The legislature further finds that
proactive steps are necessary to promote integrity and accountability
so that Washington's ballot measure processes are free of abuse, fraud,
and deception and that they work for voters and not against them.
NEW SECTION. Sec. 2 (1) All signature gatherers must complete
and sign the declaration on the petition according to the requirements
of RCW 29A.72.110, 29A.72.120, and 29A.72.130.
(2) Any petition submitted without a completed and signed
declaration will be subject to a full signature check by the office of
the secretary of state.
Sec. 3 RCW 29A.72.010 and 2003 c 111 s 1802 are each amended to
read as follows:
(1) If any legal voter of the state, either individually or on
behalf of an organization, desires to petition the legislature to enact
a proposed measure, or submit a proposed initiative measure to the
people, or order that a referendum of all or part of any act, bill, or
law, passed by the legislature be submitted to the people, he or she
shall file with the secretary of state a legible copy of the measure
proposed, or the act or part of such act on which a referendum is
desired, accompanied by an affidavit that the sponsor is a legal voter
and a filing fee ((prescribed under RCW 43.07.120)) in an amount to be
set by the secretary of state.
(2) The secretary of state may establish an electronic system for
a legal voter to pay the filing fee, file the proposed measure, or act
or part of such act on which a referendum is desired, and provide
sufficient information in lieu of an affidavit to establish that he or
she is a legal voter in the state.
NEW SECTION. Sec. 4 (1) Except as provided in subsection (2) of
this section, any person who is gathering signatures for an initiative,
referendum, or recall petition is prohibited from soliciting signatures
within the presumptively reasonable minimum distance of fifteen feet
from entrances and exits serving stand-alone stores or retail stores
located in commercial retail complexes.
(2) The property owner of a stand-alone store or retail store
located in a commercial retail complex may grant persons who are
gathering signatures for an initiative, referendum, or recall petition
permission to be closer than fifteen feet from entrances and exits, so
long as any permission is granted equally to all signature gatherers
without respect to the initiative, referendum, or recall petition for
which signatures are being gathered.
Sec. 5 RCW 29A.72.110 and 2005 c 239 s 1 are each amended to read
as follows:
Petitions for proposing measures for submission to the legislature
at its next regular session must be substantially in the following
form:
The warning prescribed by RCW 29A.72.140; followed by:
Signature | |
Date of Signature | |
Print Name | |
Print Street Address | |
Print City, State, Zip Code | |
Compensated by the following signature gathering businesses |
Sec. 6 RCW 29A.72.120 and 2005 c 239 s 2 are each amended to read
as follows:
Petitions for proposing measures for submission to the people for
their approval or rejection at the next ensuing general election must
be substantially in the following form:
The warning prescribed by RCW 29A.72.140; followed by:
Signature | |
Date of Signature | |
Print Name | |
Print Street Address | |
Print City, State, Zip Code | |
Compensated by the following signature gathering businesses |
Sec. 7 RCW 29A.72.130 and 2005 c 239 s 3 are each amended to read
as follows:
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, must be
substantially in the following form:
The warning prescribed by RCW 29A.72.140; followed by:
Signature | |
Date of Signature | |
Print Name | |
Print Street Address | |
Print City, State, Zip Code | |
Compensated by the following signature gathering businesses |
NEW SECTION. Sec. 8 Sections 2 and 4 of this act are each added
to chapter
NEW SECTION. Sec. 9 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.
NEW SECTION. Sec. 10 This act takes effect January 1, 2012."
2SSB 5297 -
By Senator Nelson
NOT CONSIDERED 05/25/2011
On page 1, line 1 of the title, after "gathering;" strike the remainder of the title and insert "amending RCW 29A.72.010, 29A.72.110, 29A.72.120, and 29A.72.130; adding new sections to chapter 29A.72 RCW; creating a new section; and providing an effective date."
EFFECT: Removes references distinguishing paid signature gatherers from volunteer signature gatherers and requires all signature gatherers to sign the declaration before submitting a petition to the Secretary of State. Preserves the status quo regarding the location of the declaration and directs it be printed on the back of the petition. Revises the provision granting retail property owners discretion to allow signature gatherers to be closer than 15 feet from the entrance/exit and requires that any permission to be closer be applied equally to all signature gatherers without respect to the initiative, referendum, or recall petition for which signatures are being gathered.