BP BHEAD INT H [atlas:bill]

AN ACT Relating to petitions to be filed with government; amending RCW 29.79.090, 29.79.100, 29.79.110, 29.82.030, 35.17.270, 35.22.200, 35A.11.100, and 35A.29.170; adding a new section to chapter 29.79 RCW; adding a new section to chapter 29.82 RCW; adding a new section to chapter 35.17 RCW; adding a new section to chapter 35.22 RCW; adding a new section to chapter 35A.29 RCW; adding new sections to chapter 36.32 RCW; adding a new section to chapter 29.85 RCW; adding a new section to chapter 29.81 RCW; adding a new section to chapter 29.81A RCW; adding a new section to chapter 42.17 RCW; adding a new section to chapter 35A.11 RCW; recodifying RCW 35A.29.170; and prescribing penalties.

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

Sec. 1. RCW 29.79.090 and 1982 c 116 s 9 are each amended to read as follows:

(1) Petitions for proposing measures for submission to the legislature at its next regular session, shall be substantially in the following form:

"WARNING

Every person who signs this petition with any other than his or her true name, knowingly signs more than one of these petitions, signs this petition when he or she is not a legal voter, or makes any false statement on this petition may be punished by fine or imprisonment or both.

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.

Petitioner's │ Print name │ Residence address, │ City │

signature │ for positive │ street and number, │ or │ County

│ identification │ if any │ Town │

│ │ │ │

(Here follow 20 numbered lines divided into columns as below.)

│ │ │ │

1B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

2B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

3B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

etc."

(2) In addition, the following must be included and completed on each initiative petition where compensation, pay, or other consideration is provided to the person circulating, soliciting, or procuring signatures on that petition:

(a) Space must be provided on each petition for the person or persons who procured the signatures to certify that, to his or her knowledge, the signatures on the petition are valid. That person shall print his or her name and address on the petition and sign the petition.

(b) The following statement must be included in at least twenty-point, bold-faced type at the top of each petition:

"SIGNATURE GATHERERS ARE BEING PAID BY . . . . .(type or legibly print in ink the name of the group, organization, or person paying for the signature gathering) TO CIRCULATE THIS PETITION."

The requirements under this subsection (2) are not required on any other petition for the same initiative measure if compensation, pay, or other consideration is not provided to the person circulating, soliciting, or procuring signatures on that particular petition.

Sec. 2. RCW 29.79.100 and 1982 c 116 s 10 are each amended to read as follows:

(1) Petitions for proposing measures for submission to the people for their approval or rejection at the next ensuing general election, shall be substantially in the following form:

"WARNING

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, 19. . .; 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.

Petitioner's │ Print name │ Residence address, │ City │

signature │ for positive │ street and number, │ or │ County

│ identification │ if any │ Town │

│ │ │ │

(Here follow 20 numbered lines divided into columns as below.)

│ │ │ │

1B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

2B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

3B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

etc."

(b) The following statement must be included in at least twenty-point, bold-faced type at the top of each petition:

"SIGNATURE GATHERERS ARE BEING PAID BY . . . . .(type or legibly print in ink the name of the group, organization, or person paying for the signature gathering) TO CIRCULATE THIS PETITION."

Sec. 3. RCW 29.79.110 and 1993 c 256 s 10 are each amended to read as follows:

(1) 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, shall be substantially in the following form:

"WARNING

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 29.79.055) 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, 19. . .; 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.

Petitioner's │ Print name │ Residence address, │ City │

signature │ for positive │ street and number, │ or │ County

│ identification │ if any │ Town │

│ │ │ │

(Here follow 20 numbered lines divided into columns as below.)

│ │ │ │

1B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

2B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

3B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

etc."

(2) In addition, the following must be included and completed on each referendum petition where compensation, pay, or other consideration is provided to the person circulating, soliciting, or procuring signatures on that petition:

(b) The following statement must be included in at least twenty-point, bold-faced type at the top of each petition:

"SIGNATURE GATHERERS ARE BEING PAID BY . . . . .(type or legibly print in ink the name of the group, organization, or person paying for the signature gathering) TO CIRCULATE THIS PETITION."

The requirements under this subsection (2) are not required on any other petition for the same referendum measure if compensation, pay, or other consideration is not provided to the person circulating, soliciting, or procuring signatures on that particular petition.

NEW SECTION. Sec. 4. A new section is added to chapter 29.79 RCW to read as follows:

A person who provides compensation, pay, or other consideration to another person to circulate, solicit, or procure signatures on an initiative or referendum petition shall keep records of the person who procured the signatures for consideration on each separate petition. Space must be provided on each petition to number the petition to assist in tracking the signature gatherers. These records must be kept current and must be submitted to the secretary of state when the petitions are filed.

Sec. 5. RCW 29.82.030 and 1984 c 170 s 6 are each amended to read as follows:

(1) Recall petitions shall be printed on single sheets of paper of good writing quality (including but not limited to newsprint) not less than eleven inches in width and not less than fourteen inches in length. No petition may be circulated or signed prior to the first day of the one hundred eighty or two hundred seventy day period established by RCW 29.82.025 for that recall petition. Such petitions shall be substantially in the following form:

"WARNING

Every person who signs this petition with any other than his true name, or who knowingly (1) signs more than one of these petitions, (2) signs this petition when he is not a legal voter, or (3) makes herein any false statement, may be fined, or imprisoned, or both.

Petition for the recall of (here insert the name of the office and of the person whose recall is petitioned for) to the Honorable (here insert the name and title of the officer with whom the charge is filed).

We, the undersigned citizens and legal voters of (the state of Washington or the political subdivision in which the recall is to be held), respectfully direct that a special election be called to determine whether or not (here insert the name of the person charged and the office which he holds) be recalled and discharged from his office, for and on account of (his having committed the act or acts of malfeasance or misfeasance while in office, or having violated his oath of office, as the case may be), in the following particulars: (here insert the synopsis of the charge); and each of us for himself says: I have personally signed this petition; I am a legal voter of the State of Washington in the precinct and city (or town) and county written after my name, and my residence address is correctly stated, and to my knowledge, have signed this petition only once.

Petitioner's │ Print name │ Residence address, │ City │

signature │ for positive │ street and number, │ or │ County

│ identification │ if any │ Town │

│ │ │ │

(Here follow 20 numbered lines divided into columns as below.)

│ │ │ │

1B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

2B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

│ │ │ │

3B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

etc."

(2) In addition, the following must be included and completed on each recall petition where compensation, pay, or other consideration is provided to the person circulating, soliciting, or procuring signatures on that petition:

(b) The following statement must be included in at least twenty-point, bold-faced type at the top of each petition:

"SIGNATURE GATHERERS ARE BEING PAID BY . . . . .(type or legibly print in ink the name of the group, organization, or person paying for the signature gathering) TO CIRCULATE THIS PETITION."

The requirements under this subsection (2) are not required on any other petition for the same recall if compensation, pay, or other consideration is not provided to the person circulating, soliciting, or procuring signatures on that particular petition.

NEW SECTION. Sec. 6. A new section is added to chapter 29.82 RCW to read as follows:

A person who provides compensation, pay, or other consideration to another person to circulate, solicit, or procure signatures on a recall petition shall keep records of the person who procured the signatures for consideration on each separate petition. Space must be provided on each petition to number the petition to assist in tracking the signature gatherers. These records must be kept current and must be submitted to the secretary of state when the petitions are filed.

Sec. 7. RCW 35.17.270 and 1996 c 286 s 5 are each amended to read as follows:

The petitioner preparing an initiative or referendum petition for submission to the commission shall follow the procedures established in RCW 35.21.005.

In addition, the following must be included and completed on each initiative or referendum petition where compensation, pay, or other consideration is provided to the person circulating, soliciting, or procuring signatures on that petition:

(1) Space must be provided on each petition for the person or persons who procured the signatures to certify that, to his or her knowledge, the signatures on the petition are valid. That person shall print his or her name and address on the petition and sign the petition.

(2) The following statement must be included in at least twenty-point, bold-faced type at the top of each petition:

"SIGNATURE GATHERERS ARE BEING PAID BY . . . . .(type or legibly print in ink the name of the group, organization, or person paying for the signature gathering) TO CIRCULATE THIS PETITION."

These items are not required on any other petition for the same initiative or referendum measure if compensation, pay, or other consideration is not provided to the person circulating, soliciting, or procuring signatures on that particular petition.

NEW SECTION. Sec. 8. A new section is added to chapter 35.17 RCW to read as follows:

Sec. 9. RCW 35.22.200 and 1965 ex.s. c 47 s 13 are each amended to read as follows:

The legislative powers of a charter city shall be vested in a mayor and a city council, to consist of such number of members and to have such powers as may be provided for in its charter.

The charter may provide for direct legislation by the people through the initiative and referendum upon any matter within the scope of the powers, functions, or duties of the city. An initiative or referendum petition must follow the procedures established in RCW 35.21.005. In addition, the following must be included and completed on each initiative or referendum petition where compensation, pay, or other consideration is provided to the person circulating, soliciting, or procuring signatures on that petition:

(2) The following statement must be included in at least twenty-point, bold-faced type at the top of each petition:

"SIGNATURE GATHERERS ARE BEING PAID BY . . . . .(type or legibly print in ink the name of the group, organization, or person paying for the signature gathering) TO CIRCULATE THIS PETITION."

The mayor and council and such other elective officers as may be provided for in such charter shall be elected at such times and in such manner as provided in Title 29 RCW, and for such terms and shall perform such duties and receive such compensation as may be prescribed in the charter.

NEW SECTION. Sec. 10. A new section is added to chapter 35.22 RCW to read as follows:

Sec. 11. RCW 35A.11.100 and 1973 1st ex.s. c 81 s 3 are each amended to read as follows:

Except as provided in ((~~RCW 35A.11.090~~)) this chapter, and except that the number of registered voters needed to sign a petition for initiative or referendum shall be fifteen percent of the total number of names of persons listed as registered voters within the city on the day of the last preceding city general election, the powers of initiative and referendum in noncharter code cities shall be exercised in the manner set forth for the commission form of government in RCW 35.17.240 through 35.17.360((~~, as now or hereafter amended~~)).

Sec. 12. RCW 35A.29.170 and 1996 c 286 s 8 are each amended to read as follows:

(1) Initiative and referendum petitions authorized to be filed under provisions of this title, or authorized by charter, or authorized for code cities having the commission form of government as provided by chapter 35.17 RCW, shall be in substantial compliance with the provisions of RCW 35A.01.040 as to form and content of the petition, insofar as such provisions are applicable; shall contain a true copy of a resolution or ordinance sought to be referred to the voters; and must contain valid signatures of registered voters of the code city in the number required by the applicable provision of this title. The clerk shall transmit the initiative or referendum petition to the county auditor, who shall determine the sufficiency of the petition under the rules set forth in RCW 35A.01.040.

(b) The following statement must be included in at least twenty-point, bold-faced type at the top of each petition:

"SIGNATURE GATHERERS ARE BEING PAID BY . . . . .(type or legibly print in ink the name of the group, organization, or person paying for the signature gathering) TO CIRCULATE THIS PETITION."

(2) Except when otherwise provided by statute, referendum petitions must be filed with the clerk of the legislative body of the code city within ninety days after the passage of the resolution or ordinance sought to be referred to the voters, or within such lesser number of days as may be authorized by statute or charter in order to precede the effective date of an ordinance: PROVIDED, That nothing herein shall be construed to abrogate or affect an exemption from initiative and/or referendum provided by a code city charter. ((~~The clerk shall transmit the petition to the county auditor who shall determine the sufficiency of the petition under the rules set forth in RCW 35A.01.040.~~)) When a referendum petition is filed with the clerk, the legislative action sought to be referred to the voters shall be suspended from taking effect. Such suspension shall terminate when: ((~~(1)~~)) (a) There is a final determination of insufficiency or untimeliness of the referendum petition; or ((~~(2)~~)) (b) the legislative action so referred is approved by the voters at a referendum election.

NEW SECTION. Sec. 13. A new section is added to chapter 35A.29 RCW to read as follows:

NEW SECTION. Sec. 14. A new section is added to chapter 36.32 RCW to read as follows:

The following must be included and completed on each initiative or referendum petition authorized by a county home rule charter where compensation, pay, or other consideration is provided to the person circulating, soliciting, or procuring signatures on that petition:

(2) The following statement must be included in at least twenty-point, bold-faced type at the top of each petition:

"SIGNATURE GATHERERS ARE BEING PAID BY . . . . .(type or legibly print in ink the name of the group, organization, or person paying for the signature gathering) TO CIRCULATE THIS PETITION."

NEW SECTION. Sec. 15. A new section is added to chapter 36.32 RCW to read as follows:

NEW SECTION. Sec. 16. A new section is added to chapter 29.85 RCW to read as follows:

(1) It is unlawful to circulate, solicit, or procure, or attempt to procure, signatures upon an initiative, referendum, or recall petition that fails to meet the requirements of:

(a) RCW 29.79.080, 29.79.090, 29.79.100, or 29.79.110, for state initiative or referendum petitions;

(b) RCW 29.82.030, for recall petitions;

(d) RCW 35.22.100, for initiative or referendum petitions in first class cities;

(e) RCW 35A.29.170 (as amended and recodified by this act), for initiative or referendum petitions in code cities; or

(f) Section 14 of this act, for initiative or referendum petitions in counties operating under a county home rule charter;

including, where applicable, the requirements that the statement be included indicating that signature gatherers are being paid or otherwise receiving consideration to gather signatures, and the name of the group, organization, or person paying for signature gathering be specified in that statement.

(2) A violation of this section is gross misdemeanor punishable under chapter 9A.20 RCW.

NEW SECTION. Sec. 17. A new section is added to chapter 29.81 RCW to read as follows:

If consideration was provided for soliciting or procuring signatures on a state measure, the voters' pamphlet must disclose the percentage of signatures on the measure that were on petitions where compensation was paid to solicit the signatures. The statement in the voters' pamphlet must be worded substantially as follows:

" . . . . .(insert the percentage) PERCENT OF THE SIGNATURES ON THIS MEASURE WERE ON PETITIONS WHERE PAID SIGNATURE GATHERERS WERE USED TO SOLICIT SIGNATURES."

The statement must be included immediately after the legal identification of the measure on the page where the proponents of the measure present their arguments.

As used in this section, "state measure" includes an initiative or referendum under chapter 29.79 RCW, as well as a recall under chapter 29.82 RCW, that may appear in a state voters' pamphlet.

NEW SECTION. Sec. 18. A new section is added to chapter 29.81A RCW to read as follows:

A local voters' pamphlet that contains material concerning a recall under chapter 29.82 RCW must disclose, in the same manner as required in section 17 of this act, the percentage of signatures on the measure that were on petitions where compensation was paid to solicit the signatures.

NEW SECTION. Sec. 19. A new section is added to chapter 42.17 RCW to read as follows:

In addition to filing periodic reports with the commission that are otherwise required under this chapter, a political committee that pays or provides consideration, compensation, gratuities, rewards, or anything of value to persons for circulating, soliciting, procuring, or obtaining, or attempting to procure, signatures on a state initiative or referendum petition shall also file reports required under RCW 42.17.080 on the twenty-first day and seventh day immediately before the date the petitions must be filed and on the tenth day of the first month after the petitions are filed.

The requirement under RCW 42.17.080 on keeping books of account current and available for public inspection eight days before the election associated with the political committee's efforts also applies to the eight days immediately before the last date the petitions may be filed for a political committee that pays or provides consideration, compensation, gratuities, rewards, or anything of value to persons for circulating, soliciting, procuring, or obtaining, or attempt to procure, signatures on a state initiative or referendum petition.

NEW SECTION. Sec. 20. RCW 35A.29.170, as amended by this act, is recodified as a section in chapter 35A.11 RCW.

NEW SECTION. Sec. 21. 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.