Controversial initiative bill gets mixed testimony

(The Center Square) – A Washington state bill that critics say would kill the initiative process got a mixed response during its public hearing, with proponents claiming it would better secure the election process and opponents arguing it would make it practically impossible to run future initiatives.

Senate Bill 5382 would add new requirement to initiative signature gatherers by requiring them to sign declarations attesting that the names and addresses of those who signed the petition are accurate. The Secretary of State’s Office would also be tasked with verifying the address of every signature. Individuals found guilty under the new law would be subject to $5,000 or 364 days in jail.

Sponsor Sen. Javier Valdez, D-Seattle, told colleagues at the bill’s Tuesday public hearing in Senate State Government, Tribal Affairs & Elections Committee that “I just think this bill would help … align with some best practices out there. Since the mid-2000s, our initiative petitions have included an attestation that the person who was turning in the petition sheet circulated the petition themselves, and that to the best of their knowledge every person who signed reviewed the sheet, and no one will sign with any kind of compensation, and then information on the sheet is true or correct. But it hasn’t been clear that these declarations need to be signed.”

He added that the greater scrutiny of a voter’s registered address will “help our election officials with another key tool to confirm that the individuals and people signing our real eligible Washington voters.”

However, Tim Eyman, once one of Washington’s most prolific initiative sponsors, told the committee that the bill was a “solution in desperate search of a problem,” stating that SOS ensures that invalid signatures are not counted.

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“That’s their job,” he said.

He added that under the bill valid voter signatures would be rejected due to the new requirements, calling it a “tremendous burden. And for what? To address a problem that doesn’t even exist.”

Some of those issues were raised by SOS Policy Director Shawn Merchant, who said if he signed an initiative and put down his actual address, only to move shortly after, his signature would be thrown out.

“We don’t want to create undue burdens,” he said.

For some, the bill is considered a direct response to Let’s Go Washington’s successful signature gathering effort in 2023, in which seven initiatives were approved for the 2024 ballot. Three initiatives were approved by the Legislature, while one was later approved by voters in November, with three initiatives rejected.

Let’s Go Washington Founder Brian Heywood told the committee that it seemed “strange” that the state would put more stringent requirements on signature gathering than “for people that are actually voting in an election.”

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He said if the bill were to become law, roughly 90% of volunteers would be unwilling to continue participating due to legal concerns.

“There is no allegation of fraud … yet we’re adding this onto the burden of it,” he said.

Seattle small business owner Collin Hathaway told the committee that “if the Legislature passes good legislation that … includes moderate opinions, and if it’s not so outrageous to the general citizenry, rest assured, no one will spend the time or money to oppose it.”

SB 5382 is scheduled for a committee vote on Feb. 14.

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