BILL REQ. #: S-1909.1
_____________________________________________
SECOND SUBSTITUTE SENATE BILL 5297
_____________________________________________| State of Washington | 62nd Legislature | 2011 Regular Session |
By Senate Ways & Means (originally sponsored by Senators Nelson, Conway, Harper, Chase, White, Kohl-Welles, Kline, Keiser, Prentice, and Shin)READ FIRST TIME 02/25/11.
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; 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 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 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 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 The definitions in this section apply
throughout this chapter unless the context clearly require otherwise.
(1) "Paid signature gatherer" means an individual who is
compensated through payments of money or other valuable consideration,
by a signature gathering business, to obtain signatures on a state or
local initiative, referendum, or recall petition.
(2) "Signature gathering business" means a business whose primary
activity or primary source of revenue is gathering signatures for
ballot measures, initiatives, or recall petitions.
(3) "Volunteer signature gatherer" means an individual who is not
compensated by a signature gathering business through payments of money
or other valuable consideration to obtain signatures on a state
initiative, referendum, or recall petition.
NEW SECTION. Sec. 3 (1) A paid signature gatherer 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) A volunteer signature gatherer:
(a) Must either sign the declaration on the petition or check the
box adjacent to the declaration indicating all the signatures on the
petition were obtained by one or more volunteer signature gatherers;
and
(b) Is encouraged to sign the declaration on the petition whenever
the volunteer has been personally responsible for gathering all
signatures on the petition.
(3) The secretary of state shall include a checkbox immediately
adjacent to the declaration for volunteer signature gatherers to check
in lieu of completing and signing the declaration.
(4) Any petition submitted without a completed and signed
declaration or a checkbox checked by a volunteer signature gatherer
will be subject to a full signature check by the office of the
secretary of state.
Sec. 4 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. 5 (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 a person who is
gathering signatures for an initiative, referendum, or recall petition
permission to be closer than fifteen feet from entrances and exits.
Sec. 6 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 paid 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 paid 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. 7 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 paid 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 paid 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. 8 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 paid 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 paid 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. 9 Sections 2, 3, and 5 of this act are each
added to chapter 29A.72 RCW.
NEW SECTION. Sec. 10 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. 11 This act takes effect January 1, 2012.
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