SENATE BILL REPORT
SB 5505
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
As of February 14, 2013
Title: An act relating to ensuring valid voter signatures on petitions count and timely validation of signatures.
Brief Description: Encouraging valid voter signatures on petitions count and timely validation of signatures.
Sponsors: Senators Roach, Chase, Hasegawa, Fain and Tom.
Brief History:
Committee Activity: Governmental Operations: 2/14/13.
SENATE COMMITTEE ON GOVERNMENTAL OPERATIONS |
Staff: Sam Thompson (786-7413)
Background: Since 1912, the Washington Constitution has authorized state initiatives and referenda. Most cities in Washington may, pursuant to statute, authorize city initiatives and referenda, and at least 60 have done so. Counties may authorize county initiatives and referenda in home rule charters; the six counties that have adopted home rule charters – Clallam, King, Pierce, San Juan, Snohomish, and Whatcom – have all done so.
Provisions governing state initiatives and referenda vary, in some respects, from provisions governing local initiatives and referenda.
Validity of Petitions. The Secretary of State may refuse to file submitted state initiative or referendum petitions if they lack required information and forms, clearly contain insufficient signatures, or are filed after time limits have expired.
City initiative and referendum petitions must contain certain essential information and forms. Petitions containing the required number of signatures must be accepted as valid until their invalidity has been proved.
Same Person, Multiple Signatures. When reviewing state initiative and referendum petitions, if the Secretary of State finds the same name signed to more than one petition, all but the first valid signature must be rejected. A 1977 state Supreme Court decision established that a duplicate signer must be counted as one petitioner.
Conversely, when reviewing local petitions, including city initiative or referendum petitions, county officials are directed to strike all signatures of any person who has signed a petition two or more times.
Period to Determine Sufficiency of Petitions. The Secretary of State is not subject to a prescribed time limit to determine whether submitted state initiative or referendum petitions contain sufficient signatures. However, as a practical matter the Secretary of State must do so by early September to certify a measure for the general election in November.
County officials are likewise not subject to a prescribed time limit to determine whether submitted local petitions contain sufficient signatures, but must do so with reasonable promptness.
Summary of Bill: When reviewing voter signatures on state initiative and referendum petitions, the Secretary of State must accept and not reject a valid signature if it matches the signature on the voter's registration, as long as existing requirements for validity of petitions are fulfilled.
When reviewing voter signatures on local petitions, county officials must accept and not reject a valid signature if it matches the signature on the voter's registration. If a person signed a petition two or more times, officials must count the original signature and strike any duplicate signatures.
County officials reviewing local petitions for sufficiency of signatures and other requirements must not take more than 60 days to determine sufficiency.
The act may be known and cited as the Valid Voter Signature Protection Act.
Appropriation: None.
Fiscal Note: Not requested.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.