5297-S2 AMS NELS S2087.1

2SSB 5297  - S AMD122
     By Senator Nelson

NOT CONSIDERED 05/25/2011

     Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1   (1) The legislature finds that two of the greatest strengths of our state's democratic structure are the citizens' initiative and referenda processes. Indeed, our state Constitution firmly establishes this right of direct democracy as being vested in the people.
     (2) The legislature further finds there has been a significant increase in the number of initiatives and referenda filed in Washington in recent years, resulting in a corresponding increase in the time and resources required for processing and managing by the secretary of state's office and the attorney general's office. The legislature also finds that the current filing fee for initiatives and referenda was set in 1893 and that this fee falls far short of addressing the cost to taxpayers, particularly when individuals file multiple duplicate initiatives or file initiatives for which no signatures are ever gathered or submitted. The legislature intends, therefore, to adopt an updated filing fee structure that preserves the ability for all citizens to access the initiative and referendum processes while also promoting the taxpayers' interests by diminishing the misuse of state resources for personal gain.
     (3) The legislature further finds that over the last three election cycles, there has been a dramatic increase across the country in the incidence of signature fraud and voter deception to qualify initiatives for the ballot. Because the initiative and referenda processes serve a vital civic engagement function in our state, the legislature finds it is in the state's best interest to take a proactive approach to preventing the spread of fraud, abuse, and deception in Washington's initiative and referenda processes. The legislature further finds that proactive steps are necessary to promote integrity and accountability so that Washington's ballot measure processes are free of abuse, fraud, and deception and that they work for voters and not against them.

NEW SECTION.  Sec. 2   (1) All signature gatherers must complete and sign the declaration on the petition according to the requirements of RCW 29A.72.110, 29A.72.120, and 29A.72.130.
     (2) Any petition submitted without a completed and signed declaration will be subject to a full signature check by the office of the secretary of state.

Sec. 3   RCW 29A.72.010 and 2003 c 111 s 1802 are each amended to read as follows:
     (1) If any legal voter of the state, either individually or on behalf of an organization, desires to petition the legislature to enact a proposed measure, or submit a proposed initiative measure to the people, or order that a referendum of all or part of any act, bill, or law, passed by the legislature be submitted to the people, he or she shall file with the secretary of state a legible copy of the measure proposed, or the act or part of such act on which a referendum is desired, accompanied by an affidavit that the sponsor is a legal voter and a filing fee ((prescribed under RCW 43.07.120)) in an amount to be set by the secretary of state.
     (2) The secretary of state may establish an electronic system for a legal voter to pay the filing fee, file the proposed measure, or act or part of such act on which a referendum is desired, and provide sufficient information in lieu of an affidavit to establish that he or she is a legal voter in the state.

NEW SECTION.  Sec. 4   (1) Except as provided in subsection (2) of this section, any person who is gathering signatures for an initiative, referendum, or recall petition is prohibited from soliciting signatures within the presumptively reasonable minimum distance of fifteen feet from entrances and exits serving stand-alone stores or retail stores located in commercial retail complexes.
     (2) The property owner of a stand-alone store or retail store located in a commercial retail complex may grant persons who are gathering signatures for an initiative, referendum, or recall petition permission to be closer than fifteen feet from entrances and exits, so long as any permission is granted equally to all signature gatherers without respect to the initiative, referendum, or recall petition for which signatures are being gathered.

Sec. 5   RCW 29A.72.110 and 2005 c 239 s 1 are each amended to read as follows:
     Petitions for proposing measures for submission to the legislature at its next regular session must be substantially in the following form:

     The warning prescribed by RCW 29A.72.140; followed by:


          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.
     The petition must include a place for each petitioner to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.
     The following declaration must be printed on the reverse side of the petition, and must be signed by the signature gatherer who circulated the petition sheet after the sheet has been signed by petitioners but before the petition is submitted to the secretary of state:

     I, . . . . . . . . . . . ., swear or affirm under penalty of law that I circulated this sheet of the foregoing petition, and that, to the best of my knowledge, every person who signed this sheet of the foregoing petition knowingly and without any compensation or promise of compensation willingly signed his or her true name and that the information provided therewith is true and correct. I further acknowledge that under chapter 29A.84 RCW, forgery of signatures on this petition constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable by fine or imprisonment or both.

Signature       
Date of Signature       
Print Name       
Print Street Address       
Print City, State, Zip Code       
Compensated by the following signature gathering businesses       


     Signing this declaration constitutes an oath subjecting the signatory to the penalty of the law. The declaration must be individually signed by the signature gatherer. Stamps or other signature reproductions may not be used.
     RCW 9A.46.020 applies to any conduct constituting harassment against a petition signature gatherer. This penalty does not preclude the victim from seeking any other remedy otherwise available under law.

     ((The petition must include a place for each petitioner to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.))

Sec. 6   RCW 29A.72.120 and 2005 c 239 s 2 are each amended to read as follows:
     Petitions for proposing measures for submission to the people for their approval or rejection at the next ensuing general election must be substantially in the following form:

     The warning prescribed by RCW 29A.72.140; followed by:


          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, (year); 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.
     The petition must include a place for each petitioner to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.
     The following declaration must be printed on the reverse side of the petition, and must be signed by the signature gatherer who circulated the petition sheet after the sheet has been signed by petitioners but before the petition is submitted to the secretary of state:

     I, . . . . . . . . . . . ., swear or affirm under penalty of law that I circulated this sheet of the foregoing petition, and that, to the best of my knowledge, every person who signed this sheet of the foregoing petition knowingly and without any compensation or promise of compensation willingly signed his or her true name and that the information provided therewith is true and correct. I further acknowledge that under chapter 29A.84 RCW, forgery of signatures on this petition constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable by fine or imprisonment or both.

Signature       
Date of Signature       
Print Name       
Print Street Address       
Print City, State, Zip Code       
Compensated by the following signature gathering businesses       


     Signing this declaration constitutes an oath subjecting the signatory to the penalty of the law. The declaration must be individually signed by the signature gatherer. Stamps or other signature reproductions may not be used.
     RCW 9A.46.020 applies to any conduct constituting harassment against a petition signature gatherer. This penalty does not preclude the victim from seeking any other remedy otherwise available under law.

     ((The petition must include a place for each petitioner to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.))

Sec. 7   RCW 29A.72.130 and 2005 c 239 s 3 are each amended to read as follows:
     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, must be substantially in the following form:

     The warning prescribed by RCW 29A.72.140; followed by:


          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 29A.36.071) 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, (year); 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.
     The petition must include a place for each petitioner to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.
     The following declaration must be printed on the reverse side of the petition, and must be signed by the signature gatherer who circulated the petition sheet after the sheet has been signed by petitioners but before the petition is submitted to the secretary of state:

     I, . . . . . . . . . . . ., swear or affirm under penalty of law that I circulated this sheet of the foregoing petition, and that, to the best of my knowledge, every person who signed this sheet of the foregoing petition knowingly and without any compensation or promise of compensation willingly signed his or her true name and that the information provided therewith is true and correct. I further acknowledge that under chapter 29A.84 RCW, forgery of signatures on this petition constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable by fine or imprisonment or both.

Signature       
Date of Signature       
Print Name       
Print Street Address       
Print City, State, Zip Code       
Compensated by the following signature gathering businesses       


     Signing this declaration constitutes an oath subjecting the signatory to the penalty of the law. The declaration must be individually signed by the signature gatherer. Stamps or other signature reproductions may not be used.
     RCW 9A.46.020 applies to any conduct constituting harassment against a petition signature gatherer. This penalty does not preclude the victim from seeking any other remedy otherwise available under law.

     ((The petition must include a place for each petitioner to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.))

NEW SECTION.  Sec. 8   Sections 2 and 4 of this act are each added to chapter 29A.72 RCW.

NEW SECTION.  Sec. 9   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.

NEW SECTION.  Sec. 10   This act takes effect January 1, 2012."

2SSB 5297  - S AMD
     By Senator Nelson

NOT CONSIDERED 05/25/2011

     On page 1, line 1 of the title, after "gathering;" strike the remainder of the title and insert "amending RCW 29A.72.010, 29A.72.110, 29A.72.120, and 29A.72.130; adding new sections to chapter 29A.72 RCW; creating a new section; and providing an effective date."

EFFECT:  Removes references distinguishing paid signature gatherers from volunteer signature gatherers and requires all signature gatherers to sign the declaration before submitting a petition to the Secretary of State. Preserves the status quo regarding the location of the declaration and directs it be printed on the back of the petition. Revises the provision granting retail property owners discretion to allow signature gatherers to be closer than 15 feet from the entrance/exit and requires that any permission to be closer be applied equally to all signature gatherers without respect to the initiative, referendum, or recall petition for which signatures are being gathered.

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