BILL REQ. #: S-1503.1
_____________________________________________
SUBSTITUTE SENATE BILL 5505
_____________________________________________| State of Washington | 63rd Legislature | 2013 Regular Session |
By Senate Governmental Operations (originally sponsored by Senators Roach, Chase, Hasegawa, Fain, and Tom)READ FIRST TIME 02/20/13.
AN ACT Relating to ensuring valid voter signatures on petitions
count and timely validation of signatures; amending RCW 29A.72.170 and
35.21.005; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 It is the intent of the legislature to
require that valid voter signatures on petitions count, ensuring that
they are not rejected by the secretary of state or any local government
official.
Washington supreme court case law vindicates the rights of citizens
to have their petition signatures filed and counted. State ex rel.
Howell v. Superior Court, 97 Wash. 569, 574-575 (1917), upheld the
rights of petition signers to have their signatures counted. The
Washington supreme court held that to deny the rights of petition
signers "would do violence to the spirit of the Constitution." Howell,
at 575.
The Washington supreme court later declared that through its
decision in Howell, "this court laid down the rule that the sponsor of
such a petition was not the agent of any of the signers to the extent
that his offenses would bind the signers or invalidate their
signatures." Edwards v. Hutchinson, 178 Wash. 580, 587 (1934).
In Sudduth v. Chapman, 88 Wn.2d 247 (1977), the Washington supreme
court held invalid a statutory requirement that where the secretary of
state finds the same name signed to more than one petition, that such
name shall not even be counted once. It held that "refusing to count
a duplicate signer as one petitioner frustrates, rather than furthers
this purpose." Specifically, the court relied on its earlier decision
in Hutchinson for recognition of the rule that "when a legal voter has
signed a referendum petition, his signature must be counted, even
though the person soliciting his signature has violated the law."
Under this act, if the voter's signature on a petition matches the
signature on the voter's registration, then that valid voter signature
must count. And consistent with Washington supreme court's ruling in
Sudduth, this act requires that when a voter signs a petition more than
once, the original signature counts but any duplicate signature does
not.
The legislature respects our state Constitution and supports the
people's right to initiative and referendum. Voters' right to have
their valid signature count and right to participate must be
facilitated and protected by their elected representatives and the laws
of the state of Washington.
Sec. 2 RCW 29A.72.170 and 2003 c 111 s 1818 are each amended to
read as follows:
The secretary of state may refuse to file any initiative or
referendum petition being submitted only upon any of the following
grounds:
(1) That the petition does not contain the information required by
RCW 29A.72.110, 29A.72.120, or 29A.72.130.
(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.
Concerning individual voter signatures on a petition, the secretary
of state must accept and must not reject a valid voter signature if it
matches the signature on the voter's registration as long as the
requirements in subsections (1) through (3) of this section are
fulfilled.
Sec. 3 RCW 35.21.005 and 2008 c 196 s 1 are each amended to read
as follows:
Wherever in this title petitions are required to be signed and
filed, the following rules shall govern the sufficiency ((thereof)) of
the petitions:
(1) A petition may include any page or group of pages containing an
identical text or prayer intended by the circulators, signers or
sponsors to be presented and considered as one petition, and
((containing)) contain the following essential elements when
applicable, except that the elements referred to in (d) and (e) of this
subsection are essential for petitions referring or initiating
legislative matters to the voters, but are directory as to other
petitions:
(a) The text or prayer of the petition, which shall be a concise
statement of the action or relief sought by the petitioners and
((shall)) include a reference to the applicable state statute or city
ordinance, if any;
(b) If the petition initiates or refers an ordinance, a true copy
((thereof)) of the ordinance;
(c) If the petition seeks the annexation, incorporation,
withdrawal, or reduction of an area for any purpose, an accurate legal
description of the area proposed for ((such)) that action and, if
practical, a map of the area;
(d) Numbered lines for signatures, with space provided beside each
signature for the name and address of the signer and the date of
signing;
(e) The warning statement prescribed in subsection (2) of this
section.
(2) Petitions shall be printed or typed on single sheets of white
paper of good quality and each sheet of petition paper having a space
thereon for signatures shall contain the text or prayer of the petition
and the following warning:
WARNING
Every person who signs this petition with any other than his or
her true name, or who knowingly signs more than one of these
petitions, or signs a petition seeking an election when he or
she is not a legal voter, or signs a petition when he or she is
otherwise not qualified to sign, or who makes herein any false
statement, shall be guilty of a misdemeanor.
Each signature shall be executed in ink or indelible pencil and
shall be followed by the name and address of the signer and the date of
signing.
(3) The term "signer" means any person who signs his or her own
name to the petition.
(4)(a) To be sufficient, a petition must contain valid signatures
of qualified registered voters or property owners, as the case may be,
in the number required by the applicable statute or ordinance.
(b) Within three working days after the filing of a petition, the
officer with whom the petition is filed ((shall)) must, for
determination of sufficiency, transmit the petition to:
(i) The county auditor for petitions signed by registered
voters((,)); or ((to))
(ii) The county assessor, for petitions signed by property owners
((for determination of sufficiency)).
(c) The officer or officers whose duty it is to determine the
sufficiency of the petition ((shall proceed to)) must:
(i) Make ((such a)) that determination with reasonable promptness,
pursuant to subsection (10) of this section; and ((shall))
(ii) File, with the officer receiving the petition for filing, a
certificate stating the date upon which ((such)) the determination of
sufficiency was begun, which ((date shall be)) is referred to as the
terminal date. The terminal date may not be more than ten business
days after the date that the petition was transmitted to the county
auditor or county assessor pursuant to (b) of this subsection.
(d) Additional pages of one or more signatures may be added to the
petition by filing the ((same)) pages with the appropriate filing
officer prior to ((such)) the terminal date.
(e) Any signer of a filed petition may withdraw his or her
signature by filing a written request for withdrawal ((filed)) with the
receiving officer prior to ((such)) the terminal date. ((Such)) The
written request ((shall so)) for withdrawal must sufficiently describe
the petition as to make identification of the person and the petition
certain. The name of any person seeking to withdraw shall be signed
exactly the same as contained on the petition and, after the filing of
((such)) the request for withdrawal, prior to the terminal date, the
signature of any person seeking such withdrawal ((shall be)) is deemed
withdrawn.
(5) Petitions containing the required number of signatures shall be
accepted as prima facie valid until their invalidity has been proved.
(6) Concerning individual voter signatures on a petition, the
officer or officers whose duty it is to determine the validity of
signatures must accept and must not reject a valid voter signature if
it matches the signature on the voter's registration. A variation on
petitions between the signatures on the petition and that on the
voter's permanent registration caused by the substitution of initials
instead of the first or middle names, or both, shall not invalidate the
signature on the petition if the surname and handwriting are the same.
(7) Signatures((, including the original,)) of any person who has
signed a petition two or more times shall have the original signature
count and any duplicate signature shall not count and will be stricken.
(8) Signatures followed by a date of signing which is more than six
months prior to the date of filing of the petition shall be stricken.
(9) When petitions are required to be signed by the owners of
property, the determination shall be made by the county assessor.
Where validation of signatures to the petition is required, the
following shall apply:
(a) The signature of a record owner, as determined by the records
of the county auditor, shall be sufficient without the signature of his
or her spouse;
(b) In the case of mortgaged property, the signature of the
mortgagor shall be sufficient, without the signature of his or her
spouse;
(c) In the case of property purchased on contract, the signature of
the contract purchaser, as shown by the records of the county auditor,
shall be deemed sufficient, without the signature of his or her spouse;
(d) Any officer of a corporation owning land within the area
involved who is duly authorized to execute deeds or encumbrances on
behalf of the corporation, may sign on behalf of such corporation, and
shall attach to the petition a certified excerpt from the bylaws of
such corporation showing such authority;
(e) When the petition seeks annexation, any officer of a
corporation owning land within the area involved, who is duly
authorized to execute deeds or encumbrances on behalf of the
corporation, may sign under oath on behalf of such corporation. If an
officer signs the petition, he or she must attach an affidavit stating
that he or she is duly authorized to sign the petition on behalf of
such corporation;
(f) When property stands in the name of a deceased person or any
person for whom a guardian has been appointed, the signature of the
executor, administrator, or guardian, as the case may be, shall be
equivalent to the signature of the owner of the property; and
(g) When a parcel of property is owned by multiple owners, the
signature of an owner designated by the multiple owners is sufficient.
(10) The officer or officers whose duty it is to determine the
sufficiency of a petition pursuant to subsection (4) of this section
must do so within sixty days of the terminal date, excluding periods
commencing:
(a) Twenty days prior to a primary or general election and ending
on the day that results of the primary or general election are
certified;
(b) Five days prior to any special election that is not conducted
at the same time as a primary and ending five days after such an
election;
(c) The day after results of a primary or general election are
certified when a recount is required or requested and ending on the day
that the recount is completed; and
(d) The day that a decennial redistricting plan takes effect
pursuant to RCW 44.05.100 or 44.05.120 and ending on the last business
day before the first succeeding period for filing of declarations of
candidacy under RCW 29A.24.050.
(11) The officer or officers responsible for determining the
sufficiency of the petition shall do so in writing and transmit the
written certificate to the officer with whom the petition was
originally filed.
NEW SECTION. Sec. 4 This act may be known and cited as the valid
voter signature protection act.
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