BILL REQ. #:  S-0869.4 



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SUBSTITUTE SENATE BILL 5297
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State of Washington62nd Legislature2011 Regular Session

By Senate Government Operations, Tribal Relations & Elections (originally sponsored by Senators Nelson, Conway, Harper, Chase, White, Kohl-Welles, Kline, Keiser, Prentice, and Shin)

READ FIRST TIME 02/21/11.   



     AN ACT Relating to signature gathering; 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; prescribing penalties; and providing an effective date.

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

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 establishes this right of direct democracy as being on par with the powers vested in the legislature.
     (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. 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 they have no honest intention of pursuing. The legislature intends, therefore, to adopt an updated filing fee structure that preserves the ability for all citizens to access the initiative and referenda processes while also promoting the taxpayers' interests by diminishing the misuse of state resources for personal or frivolous gain.
     (3) The legislature further finds that as the number of initiatives and referenda has increased, there has been a corresponding rise in the use of paid signature gathering companies both in Washington and nationally. The legislature also finds that over the last three election cycles, there has been a dramatic increase across the country in the use 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) Registration with the secretary of state is required for all businesses operating in this state engaged in the activity of collecting signatures for state initiatives, referenda, or recall petitions and that are using paid signature gatherers.
     (2) Registration is valid for one calendar year for businesses operating in this state engaged in the activity of collecting signatures for state initiatives, referenda, or recall petitions. In the event that a business becomes involved with the collection of signatures for any state initiatives, referenda, or recall petitions that were not listed on their original registration for that calendar year, the business must notify the secretary of state within five working days of becoming involved in the new petition.
     (3) To register with the secretary of state, a business operating in this state engaged in the activity of collecting signatures for state initiatives, referenda, or recall petitions that is using paid signature gatherers must provide:
     (a) The name of the business as registered with the applicable state agency depending on the business structure, which may include the department of revenue or the department of licensing, as well as any other names under which the business is doing business or any trade names;
     (b) The street address of the main office in the state, the mailing address, if different, the office phone number, and the business e-mail address, if any. If the business is operated out of a residence, the residence shall be considered the main office for the purposes of this subsection;
     (c) The full name of the business owner or owners and any assumed names;
     (d) A signature of the business owner or owners;
     (e) A signed statement attesting that the business owner or owners: (i) Have not been convicted of a criminal offense involving fraud, forgery, or identification theft within the past five years; (ii) have not been convicted of a crime under chapter 29A.84 RCW, or its equivalent in another jurisdiction, in the past five years; (iii) have not been found in violation of elections law under chapter 29A.84 RCW, or its equivalent in another jurisdiction, in the past five years; and (iv) attesting that the business owner or owners have conducted a criminal background check on each paid signature gatherer that the business employs;
     (f) A list of the state initiatives, referenda, or recall petitions on which the business will be involved with the gathering of signatures; and
     (g) A signed statement acknowledging the business owner or owners have read and understand Washington law applicable to the gathering of signatures on state initiatives, referenda, or recall petitions.
     (4) A person, including a business owner, is ineligible for registration under this section if he or she: (a) Has been convicted of a criminal offense involving fraud, forgery, or identification theft in any jurisdiction within the past five years; (b) has been convicted of a crime under chapter 29A.84 RCW, or its equivalent in another jurisdiction, in the past five years; or (c) has been found in violation of elections law under chapter 29A.84 RCW, or its equivalent in another jurisdiction, in the past five years.

NEW SECTION.  Sec. 3   The failure to register under section 2 of this act by a business operating in this state engaged in the activity of collecting signatures for state initiatives, referenda, or recall petitions using paid signature gatherers does not invalidate any signatures gathered by the business and its paid signature gatherers. Any business that fails to register under section 2 of this act and submits petitions will be subject to a fine of not less than five hundred dollars per petition page that has been submitted. Additionally, any business operating in this state engaged in the activity of collecting signatures for state initiatives, referenda, or recall petitions found to have not registered within seventy-two hours of collecting their first signatures shall be subject to a fine of not less than ten thousand dollars. Fines collected are expressly designated for deposit into the secretary of state's revolving fund.

NEW SECTION.  Sec. 4   The definitions in this section apply throughout this chapter unless the context clearly require otherwise.
     (1) "Circulator" means an individual who is a paid or volunteer signature gatherer who obtains the signatures of voters on petitions. A "circulator" does not include a person who only submits the signed petitions to the secretary of state.
     (2) "Political committee" means any person (except a candidate or an individual dealing with his or her own funds or property) having the expectation of receiving contributions or making expenditures in support of, or opposition to, any candidate or any ballot proposition.
     (3) "Prime sponsor or sponsors" means the registered voter or voters who complete the affidavit for proposed initiative or referendum or files a recall petition under chapter 29A.56 RCW as well as any persons who hold themselves out publicly as the sponsor of an initiative, referendum, or recall petition.
     (4) "Signature gathering business" means a business whose primary activity or primary source of revenue is gathering signatures for ballot measures, initiatives, or recall petitions.
     (5) "Volunteer signature gatherer" means an individual who is not compensated through payments of money to obtain signatures on a state initiative, referendum, or recall petition and is not required to register under sections 2 and 3 of this act.

NEW SECTION.  Sec. 5   (1) The secretary of state, by rule, may collect a fee for businesses operating in the state engaged in the activity of paid signature gathering to cover the costs of registration incurred by the secretary of state, and to cover the costs associated with conducting a full signature check on any petition that is not signed by a signature gatherer. Additionally, a signature gathering business is responsible for paying the costs of a full signature check when that business fails to register within seventy-two hours of collecting the first signature. Otherwise, a political committee of a ballot measure, initiative, or recall petition is responsible for covering the costs of a full signature check on petitions with unsigned declarations.
     (2) The fees collected under this section must be deposited into the secretary of state's revolving fund established under RCW 43.07.130.

NEW SECTION.  Sec. 6   Sections 2 and 3 of this act do not apply to individuals who volunteer to engage in the activity of collecting signatures for state initiatives, referenda, or recall petitions.

Sec. 7   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)) of five hundred dollars. If the measure is certified by the secretary of state for the general election ballot, the sponsor shall receive a refund of four hundred fifty dollars. Any sponsor who lacks sufficient assets or income at the time of filing to pay the filing fee required by this section shall submit at least five hundred valid signatures of registered voters in order to be exempt from the filing fee.
     (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. 8   (1) Except as provided in subsection (2) of this section, any person who is gathering signatures for an initiative measure or referendum filed with the secretary of state is prohibited within a presumptively reasonable minimum distance of fifteen feet from entrances and exits that serve stand-alone stores or retail stores that are 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 a person who is gathering signatures for an initiative measure or referendum filed with the secretary of state permission to be closer than fifteen feet from entrances and exits.

Sec. 9   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:


          INITIATIVE PETITION FOR SUBMISSION TO THE LEGISLATURE


To the Honorable . . . . . ., Secretary of State of the State of Washington:
     We, the undersigned citizens and legal voters of the State of Washington, respectfully direct that this petition and the proposed measure known as Initiative Measure No. . . . . and entitled (here set forth the established ballot title of the measure), a full, true, and correct copy of which is printed on the reverse side of this petition, be transmitted to the legislature of the State of Washington at its next ensuing regular session, and we respectfully petition the legislature to enact said proposed measure into law; 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 city (or town) and county written after my name, my residence address is correctly stated, and I have knowingly signed this petition only once.
     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.
     The following declaration must be printed on the ((reverse)) front side of the petition, and must be signed by the signature gatherer who circulated the petition sheet after the sheet has been signed by petitioners but before the petition is submitted to the secretary of state:

     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 chapter 29A.84 RCW, forgery of signatures on this petition constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable by fine or imprisonment or both.

Signature       
Date of Signature       
Print Name       
Print Street Address       
Print City, State, Zip Code       
Compensated by the following signature gathering businesses       


     Signing this declaration constitutes an oath subjecting the signatory to the penalty of the law. The declaration must be individually signed by the signature gatherer. Stamps or other signature reproductions may not be used.
     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. 10   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:


          INITIATIVE PETITION FOR SUBMISSION TO THE PEOPLE


To the Honorable . . . . . ., Secretary of State of the State of Washington:
     We, the undersigned citizens and legal voters of the State of Washington, respectfully direct that the proposed measure known as Initiative Measure No. . . . ., entitled (here insert the established ballot title of the measure), a full, true and correct copy of which is printed on the reverse side of this petition, be submitted to the legal voters of the State of Washington for their approval or rejection at the general election to be held on the . . . . . day of November, (year); 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 city (or town) and county written after my name, my residence address is correctly stated, and I have knowingly signed this petition only once.
     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.
     The following declaration must be printed on the ((reverse)) front side of the petition, and must be signed by the signature gatherer who circulated the petition sheet after the sheet has been signed by petitioners but before the petition is submitted to the secretary of state:

     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 chapter 29A.84 RCW, forgery of signatures on this petition constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable by fine or imprisonment or both.

Signature       
Date of Signature       
Print Name       
Print Street Address       
Print City, State, Zip Code       
Compensated by the following signature gathering businesses       


     Signing this declaration constitutes an oath subjecting the signatory to the penalty of the law. The declaration must be individually signed by the signature gatherer. Stamps or other signature reproductions may not be used.
     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. 11   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:


          PETITION FOR REFERENDUM


To the Honorable . . . . . ., Secretary of State of the State of Washington:
     We, the undersigned citizens and legal voters of the State of Washington, respectfully order and direct that Referendum Measure No. . . . . ., filed to revoke a (or part or parts of a) bill that (concise statement required by RCW 29A.36.071) and that was passed by the . . . . . . legislature of the State of Washington at the last regular (special) session of said legislature, shall be referred to the people of the state for their approval or rejection at the regular (special) election to be held on the . . . . day of November, (year); 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 city (or town) and county written after my name, my residence address is correctly stated, and I have knowingly signed this petition only once.
     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.
     The following declaration must be printed on the ((reverse)) front side of the petition, and must be signed by the signature gatherer who circulated the petition sheet after the sheet has been signed by petitioners but before the petition is submitted to the secretary of state:

     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 chapter 29A.84 RCW, forgery of signatures on this petition constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable by fine or imprisonment or both.

Signature       
Date of Signature       
Print Name       
Print Street Address       
Print City, State, Zip Code       
Compensated by the following signature gathering businesses       


     Signing this declaration constitutes an oath subjecting the signatory to the penalty of the law. The declaration must be individually signed by the signature gatherer. Stamps or other signature reproductions may not be used.
     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.))

NEW SECTION.  Sec. 12   A political committee of an initiative or referendum petition must check each petition sheet to ensure the declaration required in RCW 29A.72.110, 29A.72.120, or 29A.72.130 is signed by the signature gatherer and must sign an affidavit attesting the representative of the political committee verified that the declaration on each petition sheet submitted to the secretary of state has been completed and signed. The affidavit must accompany the petition at the time of filing with the secretary of state.

NEW SECTION.  Sec. 13   Sections 2 through 6, 8, and 12 of this act are each added to chapter 29A.72 RCW.

NEW SECTION.  Sec. 14   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. 15   This act takes effect January 1, 2012.

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