SB 5397 — Requiring disclosure by entities that compensate for petition signatures.

S-4746.1SUBSTITUTES-0054.1SENATE SENATE BILL 5397State of Washington65th Legislature2018Legislature2017 Regular SessionBy Senate State Government, Tribal Relations & Elections (originally sponsored by Senators Warnick, Liias, Walsh, Nelson, O'Ban, Billig, Kuderer, King, Honeyford, Wilson, Pedersen, Hunt, Wellman, Saldaña, and Carlyle)READCarlyleRead FIRSTfirst TIMEtime 02/02/18.AN01/23/17. ACT Relating to disclosure in initiatives, referenda, and recall petitions;

addingReferred newto sectionsCommittee on State Government.AN ACT Relating to chapterdisclosure 42.17Ain RCW;initiatives, referenda, and recall petitions;

addingamending aRCW new29A.56.160, section29A.72.110, to29A.72.120, chapter29A.72.130, 29A.04and RCW;29A.72.170;

adding a new section to chapter 29A.72 RCW;

adding a new section to chapter 29A.84 RCW;

Initiative or referendum petitions suspected of containing fabricated names or forged signatures havewere been submitted to the office of the secretary of state.(2)state Thein:(a) legislature2008 recognizes that, because of the sensitivity of data collected by signature gatherers and the need to ensure public safety, it is important there be a level of accountability for those employed to collect signatures and those who employ signature gatherers as required for other employers and employees engaged in the political process in Washington.(3) The legislature recognizes that the public has a right to know which entities are compensating individuals to gather signatures in Washington state, just as the public has a right to know which entities compensate lobbyists or contribute to political campaigns.(4) The legislature further recognizes that it should be easier for voters and property owners to contact entities that compensate signature gatherers when signature gatherers cause problems such as harassment of customers to mitigate those problems.(5) The legislature recognizes that requiring disclosure by the entities that compensate for petition signatures is consistent with Washington's existing disclosure laws, promotes transparency in government, and will result in more accurate information.NEW SECTION.  Sec. 2.  A new section is added to chapter 42.17A RCW to read as follows:(1) Any ballot measure sponsor or political committee that employs, or expects to employ, any person for the purpose of compensating individuals for gathering signatures on aInitiative stateMeasure orNo. local initiative, referendum, or recall petition in this state must, at the time of registration or within ten days of employing the person, disclose to the commission:(a) The name of the person employed for the purpose of compensating individuals to gather signatures;(b) The physical and mailing addresses of the person employed for the purpose of compensating individuals to gather signatures;(c) The phone number of the person employed for the purpose of compensating individuals to gather signatures;(d) An email address for the person employed for the purpose of compensating individuals to gather signatures;

and(e)985;(b) A2010 list of the initiative, referendum, and recall petitions for which the person employed is compensating individuals to gather signatures.(2) The commission must make the information disclosed in subsection (1) of this section available to the public within two days of receipt.NEW SECTION.  Sec. 3.  A new section is added to chapter 42.17A RCW to read as follows:(1) The ballot measure sponsor or political committee must ensure that each person that directly compensates any individual for gathering signatures is keeping the following information on fileInitiative untilMeasure twoNo. years after the certification date of the ballot measures for which an individual was compensated for gathering signatures, and provide the information upon request to the commission or any law enforcement agency:(a) The full name, and any assumed names, of the signature gatherer;(b) The permanent address of the signature gatherer, and a Washington address if the signature gatherer is from out of state;(c) The phone number of the signature gatherer;(d) An email address for the signature gatherer;(e) A digital photograph of the signature gatherer taken within the past twelve months that satisfies the requirements of a photo for a United States passport;(f) A copy of the signature gatherer's driver's license, state identification card, or other government-issued photo identification.

The1098;(c) driver's2011 license, state identification card, or other government-issued photo identification is exempt from public inspection and copying;(g) A list of the initiative, referendum, and recall petitions on whichInitiative theMeasure signatureNo. gatherer will be gathering signatures or has gathered signatures;(h) Documentation that the signature gatherer has completed a training program that includes the rights and responsibilities of voters, signature gatherers, public property owners, and private property owners in the initiative and referendum process.

The1163;(d) training2012 programon mustReferendum be74, availableInitiative inMeasure electronicNo. format and easy to access for the signature gatherer;

and(i)1185, Confirmation that a national background check has been completed on the signature gatherer and thatInitiative theMeasure signatureNo. gatherer has not been convicted of a criminal offense involving fraud, forgery, or identity theft in any state in the past five years, or has not been found in violation of any election law under chapter 29A.84 RCW, or its equivalent in another jurisdiction, in the past five years.(2) A person may not compensate any individual for gathering signatures on a state or local initiative, referendum, or recall petition if the individual:(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;

or(c)1240; Has been found in violation of elections law under chapter 29A.84 RCW, or its equivalent in another jurisdiction, in the past five years.(3) A person must, within five days, update his or her disclosure if he or she agrees to or compensates for signatures on an initiative, referendum, or recall petition not already disclosed.(4) A person may not condition compensation for petition signatures based on receiving other petition signatures for free.(5) Any violation of this section is subject to a penalty pursuant to RCW 42.17A.755.(6) The commission may adopt rules to implement this section.NEW SECTION.  Sec. 4.  A new section is added to chapter 29A.04 RCW to read as follows:(1) The secretary of state shall provide references to applicable statutes and case law for inclusion in training programs for signature gatherers as required by section 3(1)(h) of this act.(2) The secretary of state shall post the information provided under section 2 of this act to its web site and provide links with each ballot measure to any persons employed by ballot measure sponsors that compensate individuals for signature gathering.NEW SECTION.  Sec. 5.  This act takes effect January 1, 2020.--- END ---

and(e) 2013 on Initiative Measure No.

517 and Initiative Measure No.

522.(2) The legislature recognizes that the petitions containing suspect names and signatures were circulated by individuals who were compensated based on the number of signatures placed on the petitions.

The legislature further recognizes that while some investigations resulted in criminal charges and felony convictions, more recent investigations have been hampered by additional false information provided to the investigating agencies by the entities that compensated the signature gatherers.(3) The legislature recognizes that, because of the sensitivity of data collected by signature gatherers and the need to ensure public safety, it is important there be a level of accountability for those employed to collect signatures and those who employ signature gatherers as required for other employers and employees engaged in the political process in Washington.(4) The legislature recognizes that requiring disclosure by the entities that compensate for petition signatures is consistent with Washington's existing disclosure laws, promotes transparency in government, and will result in more accurate information.NEW SECTION.  Sec. 2.  A new section is added to chapter 29A.72 RCW to read as follows:(1) Any entity that compensates, or expects to compensate, any individual for gathering signatures on a state or local initiative, referendum, or recall petition in this state must, within five days, disclose to the secretary of state:(a) The name of the entity;(b) The physical and mailing addresses of the entity;(c) The phone number of the entity;(d) An email address for the entity;(e) The entity's business license number required by chapter 19.02 RCW;(f) A list of the initiative, referendum, and recall petitions for which the entity is compensating individuals to gather signatures;(g) For each individual that the entity compensates for gathering signatures:(i) The full name, and any assumed names, of the signature gatherer;(ii) The permanent address of the signature gatherer, and a Washington address if the signature gatherer is from out-of-state.

The addresses are exempt from public inspection and copying;(iii) The phone number of the signature gatherer.

The phone number is exempt from public inspection and copying;(iv) An email address for the signature gatherer.

The email address is exempt from public inspection and copying;(v) A digital photograph of the signature gatherer taken within the past twelve months that satisfies the requirements of a photo for a United States passport;(vi) A copy of the signature gatherer's driver's license, state identification card, or other government-issued photo identification.

The driver's license, state identification card, or other government-issued photo identification is exempt from public inspection and copying;(vii) A list of the initiative, referendum, and recall petitions on which the signature gatherer will be gathering signatures or has gathered signatures;(viii) Attestation that the signature gatherer has completed a training program administered or outlined by the secretary of state that includes the rights and responsibilities of voters, signature gatherers, public property owners, and private property owners.

The training program must be available in electronic formats and easy to access for the signature gatherer;

and(ix) Confirmation that a national background check has been completed on the signature gatherer and that the signature gatherer has not been convicted of a criminal offense involving fraud, forgery, or identity theft in any state in the past five years, or has not been found in violation of any election law under chapter 29A.84 RCW, or its equivalent in another jurisdiction, in the past five years;

and(h) Any other information required by rules adopted by the secretary of state.(2) An entity may not compensate any individual for gathering signatures on a state or local initiative, referendum, or recall petition if the individual:(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;

or(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.(3) An entity must, within five days, update its disclosure if it compensates a signature gatherer not already disclosed, or compensates for signatures on an initiative, referendum, and recall petition not already disclosed.(4) An entity may not condition compensation for petition signatures based on receiving other petition signatures for free.(5) The secretary of state must adopt rules to implement this section.NEW SECTION.  Sec. 3.  A new section is added to chapter 29A.84 RCW to read as follows:An entity that compensates any individual for gathering signatures on a state or local initiative, referendum, or recall petition in this state not fully disclosed as required by section 2 of this act, or who compensates for gathering signatures on an initiative, referendum, or recall petition in this state not fully disclosed as required by section 2 of this act, is subject to citation and a fine in the amount of five hundred dollars per violation.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 petition must include the following printed on the reverse side:I circulated this petition.

I did not offer any consideration, gratuity, or other thing of value to induce any person to sign this petition.

Forgery of a signature on this petition is a class B felony.

Offering consideration, gratuity, or other thing of value to induce any person to sign this petition is a gross misdemeanor.Print name:Address:Address:Phone: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 LEGISLATURETo 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 following declaration must be printed on the reverse side of the petition: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.