HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis      Bill No.  HB 1626

Disclosing paid petition gathering.

Brief Title                               Hearing Date: 2/9/99

Reps. Schmidt, D., Ogden and McMorris      Staff: Steve Lundin

Sponsor(s)                          State Government Committee

                                              Phone:  786-7127

BACKGROUND:

The State Constitution authorizes state voters, powers of initiative and referendum on state legislation.

Statutes implement this authority and describe the appearance of initiative and referendum petitions.  Various crimes relating to the state initiative and referendum process are established in statute, including various class C felonies and various gross misdemeanors.

SUMMARY:

A variety of requirements are made for petitions on state initiative and referendum measures.

1) Acknowledgement that signatures are valid.

Space must be provided on each petition for a state initiative or referendum measure where, after the signatures have been obtained, each person who procured signatures on the petition both signs and prints his or her name and address certifying that, to his or her knowledge, the signatures on the petition are valid.

2) Indication on petition if paid signature gatherers are being used.

If paid signature gatherers are being used to gather signatures on a petition for a state initiative or referendum measure, a statement must be included at the top of the petition stating that paid signature gatherers are being used and indicating the name of the group that is paying to circulate the petitions.  This statement does not have to appear on the top of a petition for the same measure, if paid signature gatherers are not being used to solicit signatures on that petition.

3) Record of payments for paid signature gatherers.

Any person who provides compensation for persons to circulate signatures on a state initiative or referendum measure must keep records of each person who procured signatures for consideration on each separate petition.  The records must be kept current and submitted to the Secretary of State at the time the petitions are filed.

4) Election crimes.

It is a gross misdemeanor for a person to circulate or procure signatures on a petition for a state initiative or referendum measure that fails to meet form requirements detailed in state law, including, where applicable, the requirement that a statement be included stating that compensation is being paid to persons for circulating the petition and the name of the group paying for the petitions to be circulated.

5) Filing with Public Disclosure Commission.

A political committee that pays persons to gather signatures on state initiative or referendum petitions must file reports of contributions and expenditures to the Public Disclosure Commission on the twenty-first day and seventh day before the date the petitions must be filed and on the tenth day of the first month after the petitions have been filed.  These reports are in addition to other periodic reports that must be filed.  Such a political committee must keep its books of account current and available for public inspection eight days before the last day the petitions may be filed.

FISCAL NOTE:  Not requested.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.