SB 5973 — Protecting the integrity of the state initiative and referendum process by requiring a demonstration of support before issuance of a ballot measure title and authorizing citizen actions for certain signature gatherer compensation violations.

S-4230.1S-3469.2 SUBSTITUTE SENATE BILL 5973 State of Washington 69th Legislature 2026 Regular Session By Senate State Government, Tribal Affairs & Elections (originally sponsored by Senators Valdez, Alvarado, Chapman, Conway, Frame, Kauffman, Nobles, Pedersen, Stanford, Trudeau, and C.

Wilson)Wilson READPrefiled FIRST01/05/26. TIME 01/26/26.

Read first time 01/12/26.

Referred to Committee on State Government, Tribal Affairs & Elections.

1 SSBSB 5973 secures on the petitions encourages the introduction of fraud in the signature gathering process.

2 SSBSB 5973 the ballot after investigators documented forged signatures, falsified circulator affidavits, and misrepresentations by out-of- state paid circulators.

(a) In recent years, numerous proposed initiatives and referenda with minimal or no public support have been repeatedly filed with the secretary of state, including dozens of near-identical versions of the same measure.

For example, in 2024, there were 18 versions of the same measure filed as initiatives to the people or legislature,legislature. resulting in different ballot titles for substantively identical proposals and p.

3 SSB 5973 increasing the risk of voter confusion and error.

(b)p. These duplicative and low-support versions of proposed measures are often filed in an attempt to obtain a favorable ballot title or to channel judicial review of the ballot title to a specific judge.

These3 tacticsSB undermine5973 the(b) integrityThese duplicative and fairnesslow-support versions of theproposed initiativemeasures processare byoften encouragingfiled strategicin manipulationan ofattempt filingto procedures,obtain increasinga thefavorable risk of inconsistent ballot titlestitle for substantively identical measures, and increasing the likelihood that voters will be misled or confusedto aboutchannel thejudicial substancereview and legal effect of the measuresballot theytitle are asked to signa orspecific votejudge. upon.

These tactics undermine the integrity and fairness of the initiative and referendum process by encouraging strategic manipulation of filing procedures, increasing the risk of inconsistent ballot titles for substantively identical measures.

(d) Based on these findings, the legislature determines that requiring a legal voter of the state proposing an initiative or referendum to gather at least 1,000 signatures prior to filing the proposed measure with the secretary of state will alleviate these burdens by ensuring that only proposals with a minimal threshold of public support proceed through the drafting and ballot title process, reducing the opportunity for bad faith or duplicative filings that create a risk of fraud, voter confusion, and mistake, and facilitate the initiative and referendum process by limiting ballot title- and judge-shopping.

p.(2)(a) A person who has reason to believe that this section has been violated may bring a citizen's action in the name of the state for an appropriate civil remedy, including but not limited to civil penalties, against any initiative or referendum measure sponsor or signature-gathering entity that violates this section.

4(i) SSBIf 5973the (2)(a) A person who hasbrings reasonthe to believe that this section has been violated may bring a citizen's action inprevails, the namejudgment ofawarded theshall stateescheat forto anthe appropriatestate, civil remedy, including but nothe limited to civil penalties, against any initiative or referendumshe measureshall sponsorbe orp. signature-gathering entity that violates this section.

(i)4 IfSB the5973 person who brings the citizen's action prevails, the judgment awarded shall escheat to the state, but he or she shall be entitled to recover reasonable attorneys' fees and costs from the defendant as fixed by the court.

p.(((1))) (a) A legible copy of the measure proposed, or the act or part of such act on which a referendum is desired;

5 SSB 5973 (((1))) (a) A legible copy of the measure proposed, or the act or part of such act on which a referendum is desired;

and (d) ForA initiative measures proposed to be submitted to the legislature or the people, a petition, bearing the signatures of at least 1,000 legal voters in support of the proposed measure, including the legal voter's name and the address, city, and county at which he or she is registeredp. to vote.

5 SB 5973 registered to vote.

or (c) ForThe initiative measures proposed to be submitted to the legislature or the people, the legal voter failed to submit the petition required under subsection (1)(d) of this section or the petition clearly bears insufficient signatures.

(4) Signatures collected to meet the requirements of subsection (1)(d) of this section must count toward the total number of signatures required for filing an initiative measure under RCW 29A.72.150.

p.Upon ((receipt of a proposed initiative measure)) verifying that the proposed measure contains the number of signatures required under RCW 29A.72.010(1)(d), and before giving it a serial number, the secretary of state shall submit a copy thereof to the office of the code reviser and give notice to the sponsor of such transmittal.

6 SSB 5973 Upon ((receipt of a proposed initiative measure)) verifying that the proposed initiative measure contains the number of signatures required under RCW 29A.72.010(1)(d), and before giving it a serial number, the secretary of state shall submit a copy thereof to the office of the code reviser and give notice to the sponsor of such transmittal.

Within fifteen working days after notificationp. of submittal of the proposed measure to the code reviser's office, the sponsor, if he or she desires to proceed with sponsorship, shall file the measure together with the certificate of review with the secretary of state for assignment of a serial number, and the secretary of state shall then submit to the code reviser's office a certified copy of the measure filed.

6 SB 5973 notification of submittal of the proposed measure to the code reviser's office, the sponsor, if he or she desires to proceed with sponsorship, shall file the measure together with the certificate of review with the secretary of state for assignment of a serial number, and the secretary of state shall then submit to the code reviser's office a certified copy of the measure filed.

(2) Initiative measures proposed to be submitted to the legislature must be filed with the secretary of state within ten months prior to the next regular session of the legislature at which they are to be submitted, and the signature petitions meeting the requirements under RCW 29A.72.010 and 29A.72.150 must be filed with p.the secretary of state not less than ten days before such regular session of the legislature.

7(3) SSBA 5973referendum measure petition ordering that any act or part of an act passed by the legislature be referred to the people must meet the requirements under RCW 29A.72.010 and 29A.72.150 and be filed with the secretary of state notwithin lessninety thandays tenafter daysthe beforefinal suchadjournment regularof the legislative session ofat which the legislature.act was passed.

(3) A referendum measure petition ordering that any act or part of an act passed by the legislature be referred to the people must meet the requirements under RCW 29A.72.150 and be filed with the secretary of state within ninety days after the final adjournment of the legislative session at which the act was passed.

If a filing deadline falls on a Saturday, the office of the secretary of state must be openp. for the transaction of business under this section from 8:00 a.m.

7 SB 5973 open for the transaction of business under this section from 8:00 a.m.

8 SSBSB 5973