BILL REQ. #: H-0437.1
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/10/2007. Referred to Committee on State Government & Tribal Affairs.
AN ACT Relating to payment of petition signature gatherers; adding a new section to chapter 29A.84 RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that the preservation
of the integrity of the initiative and referendum process is of utmost
importance to the citizens of Washington. In Prete v. Bradbury, the
court of appeals for the ninth circuit concluded that an Oregon law
banning payment of electoral petition signature gatherers on a per-signature basis is not per se unconstitutional. Courts of appeals for
the second and eighth circuits have upheld laws banning payment per-signature in New York and North Dakota as well.
The legislature finds that paying workers based on the number of
signatures obtained on an initiative or referendum petition increases
the possibility of fraud in the signature gathering process. This
practice may encourage the signature gatherer to misrepresent a ballot
measure, to apply undue pressure on a person to sign a petition that
the person is not qualified to sign, to encourage signing even if the
person has previously signed, or to invite forgery. To protect the
process from fraudulent practices, compensation per-signature needs to
be addressed in Washington.
NEW SECTION. Sec. 2 A new section is added to chapter 29A.84 RCW
to read as follows:
A person who pays or receives consideration based on the number of
signatures obtained on an initiative or referendum petition is guilty
of a misdemeanor punishable to the same extent as a misdemeanor that is
punishable under RCW 9A.20.021.