BILL REQ. #: S-0842.1

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SENATE BILL 5505
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State of Washington

63rd Legislature

2013 Regular Session

By Senators Roach, Chase, Hasegawa, Fain, and Tom

Read first time 01/31/13. Referred to Committee on Governmental Operations.

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:
     (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 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 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;
     (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 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) 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. Within three working days after the filing of a petition, the officer with whom the petition is filed shall transmit the petition to the county auditor for petitions signed by registered voters, or to the county assessor for petitions signed by property owners for determination of sufficiency. The officer or officers whose duty it is to determine the sufficiency of the petition shall proceed to make such a determination with reasonable promptness that may not exceed sixty days and shall file with the officer receiving the petition for filing a certificate stating the date upon which such determination was begun, which date shall be referred to as the terminal date. Additional pages of one or more signatures may be added to the petition by filing the same with the appropriate filing officer prior to such terminal date. Any signer of a filed petition may withdraw his or her signature by a written request for withdrawal filed with the receiving officer prior to such terminal date. Such written request shall so 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 request for withdrawal, prior to the terminal date, the signature of any person seeking such withdrawal shall be 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 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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