BILL REQ. #:  H-3240.1 

Read first time 01/21/14.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to signature gathering for initiatives, referenda, and recall petitions; amending RCW 29A.56.160, 29A.72.110, 29A.72.120, and 29A.72.130; adding new sections to chapter 29A.72 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 29A.72 RCW to read as follows:
     (1) A person paid to gather signatures of electors on a state or local initiative, referendum, or recall petition must register with the secretary of state and complete a training program prescribed by the secretary before collecting signatures. The registration application must include the following:
     (a) The full name and any assumed name of the applicant;
     (b) The permanent address of the applicant, as well as a local address if the applicant is from out-of-state;
     (c) The applicant's e-mail address and phone number;
     (d) A list of the initiatives, referenda, and recall petitions on which the applicant will gather signatures;
     (e) Evidence that the applicant has completed the training program required by this section;
     (f) A recent digital photograph of the applicant showing the face or the face, neck, and shoulders of the applicant;
     (g) A statement signed by the prime sponsor or sponsors of the initiative, referendum, or recall petition or the signature gathering business certifying that a national background check has been completed for the applicant and the applicant has not been convicted for a criminal offense involving fraud, forgery, or identity theft in any state in the past five years and has not been found in violation of elections law under chapter 29A.84 RCW, or its equivalent in another jurisdiction, in the past five years;
     (h) A statement signed by the applicant acknowledging that the applicant has read and understands Washington law applicable to the gathering of signatures on state initiative, referenda, and recall petitions as the law is summarized in the training program established by the secretary of state;
     (i) A statement signed by the prime sponsor or sponsors of the initiative, referendum, or recall petition or the signature gathering business paying the signature gatherer acknowledging that the sponsors or the business or entity is liable for violations of the law or rule committed by the signature gatherer; and
     (j) Any other information required by the secretary.
     (2) The secretary of state must register each applicant who has completed the registration process outlined in subsection (1) of this section within five business days of completing the process.
     (3) An individual is ineligible for registration under this section if he or she:
     (a) Has been convicted of a criminal offense involving fraud, forgery, or identification theft in any jurisdiction within the past five years;
     (b) Has been convicted of a crime under chapter 29A.84 RCW, or its equivalent in another jurisdiction, in the past five years;
     (c) Has been found in violation of elections law under chapter 29A.84 RCW, or its equivalent in another jurisdiction, in the past five years; or
     (d) Has submitted an incomplete application.
     (4) The secretary of state must assign each registered signature gatherer a registration number.
     (5) An individual registered under this section must carry on his or her person evidence of registration including the paid signature gatherer's photograph and registration number. If requested, the paid signature gatherer must produce the evidence of registration.
     (6) An individual registered under this section may not obtain signatures on a petition or prospective petition for which the individual is being paid and, at the same time, obtain signatures on a petition or prospective petition for which the individual is not being paid.
     (7) A paid signature gatherer must reregister with the secretary of state before the second Monday in January of each odd-numbered year. Failure to do so terminates the registration.
     (8) A fine of five hundred dollars shall be issued to the prime sponsor or sponsors of the initiative, referendum, or recall petition or the signature gathering business for each of its paid signature gatherers who are not registered under this section, and for each signature gatherer who violates subsection (6) of this section. Fines collected shall be deposited into the secretary of state's revolving fund.

NEW SECTION.  Sec. 2   A new section is added to chapter 29A.72 RCW to read as follows:
     (1) A signature gathering business operating in this state engaged in the activity of collecting signatures for state or local initiatives, referenda, or recall petitions and that are using paid signature gatherers must register with the secretary of state. The registration application must include:
     (a) The name and physical address of the business;
     (b) An e-mail address and phone number for the business;
     (c) The name of the individual representing the organization or entity to complete the training program prescribed by the secretary of state;
     (d) The business license number required by chapter 19.02 RCW;
     (e) A list of individuals being paid to collect signatures for the signature gathering business;
     (f) A list of the initiatives, referenda, and recall petitions for which the signature gathering business is paying individuals to gather signatures; and
     (g) An affirmation signed by the sponsor or sponsors of the signature gathering business that the organization or entity operates in compliance with the law.
     (2) The secretary of state must register each signature gathering business that has completed the registration process outlined in subsection (1) of this section within five business days of completing the process.
     (3) A signature gathering business engaged in the activity of collecting signatures for state or local initiatives, referenda, or recall petitions in this state and that uses paid signature gatherers must notify the secretary of state if that business is using paid signature gatherers who were not listed on the original registration for that election cycle and if the business becomes involved in gathering signatures on a new petition within five business days of hiring new signature gatherers or becoming involved in the new petition.
     (4) A signature gathering business must reregister with the secretary of state before the second Monday in January of each odd-numbered year. Failure to do so terminates the registration.
     (5) A signature gathering business that uses paid signature gatherers not registered under section 1 of this act or who obtain signatures in violation of section 1 of this act shall be issued a five hundred dollar fine for each violation. Fines shall be deposited into the secretary of state's revolving fund.

NEW SECTION.  Sec. 3   A new section is added to chapter 29A.72 RCW to read as follows:
     The definitions in this section apply to sections 1 and 2 of this act unless the context clearly requires otherwise.
     (1) "Paid signature gatherer" means an individual who is compensated through payments of money or other valuable consideration to obtain signatures on a state or local initiative, referendum, or recall petition.
     (2) "Prime sponsor or sponsors" means the registered voter or voters who complete the affidavit for proposed initiative or referendum or files a recall petition under chapter 29A.56 RCW as well as any persons who hold themselves out publicly as the sponsor of an initiative, referendum, or recall petition.
     (3) "Signature gathering business" means a business that compensates individuals for gathering signatures for initiatives, referenda, or recall petitions.

Sec. 4   RCW 29A.56.160 and 2003 c 111 s 1412 are each amended to read as follows:
     Recall petitions must 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 29A.56.150 for that recall petition. The petitions must be substantially in the following form:

     The warning prescribed by RCW 29A.72.140; followed by:
     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 or she holds) be recalled and discharged from his or her office, for and on account of (his or her having committed the act or acts of malfeasance or misfeasance while in office, or having violated his or her 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 or herself 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.
     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.

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: