THE INITIATIVE PROCESS began in Washington State 99 years ago as a reflection of the will of the people, an opportunity for the entire electorate to vote for or against legislation. In the past decade, however, the process of qualifying a measure for the ballot has become big business. Initial laws did not foresee these changes and their impacts and need updating to ensure the initiative process stays intact, protects voters and operates under best business practices.
Big business of ballot measures
Since 2002, nearly $7.2 million has been paid to signature gathering firms to qualify measures to the ballot in Washington State. The increased use of paid signature gatherers over the years has sometimes come with a price. Signature gatherers are often paid by volume providing incentive for possible fraud. Numerous cases of forgery, misrepresentation about the intent of a petition, and deception causing people to sign more than one petition at a time have been documented across initiative states.
Current system is broken
The Ballot Initiative Strategy Center, a national organization, recognized the discrepancies in the laws surrounding ballot measures. Earlier this year, they released a report grading 24 states on the integrity of their ballot measure process. Washington State’s outdated system received a failing grade of “F” for lack of standards, transparency, accountability, oversight, and enforcement.
Last year’s elections in Washington State highlight a broken system that simply does not hold signature gatherers accountable. Protect Marriage Washington’s attempts to overturn the domestic partnership law by qualifying Referendum 71 to the ballot were rife with controversy. Not only were deceptive tactics used to persuade petition signers, but many voters were convinced they were signing a petition promoting legalization of gay marriage.
Protect Marriage Washington played fast and loose with the rules in more than one way. Although public disclosure reports submitted by Protect Marriage Washington did not show expenditures for paid signature gatherers, video and pictures captured evidence to the contrary.
Following the lead of other states
In Oregon, signature gatherers were found guilty of “round tabling”, a practice of petition gatherers sitting around a table and forging signatures. In Missouri, a signature gatherer picked up by the police was wanted in three states for signature gathering fraud related charges. These are just a few examples of challenges other states have faced. Washington would do well to follow their lead in adopting commonsense solutions.
Proposed legislation
The Ballot Initiative Network proposes the following legislation to bring accountability and transparency to our ballot measure process:
• Require affidavits attesting that all signatures were collected in accordance with state laws are signed by signature gatherers. Without this system in place, forgery or fraud cannot be tracked back to the individual responsible.
• Invalidate petition sheets that either do not contain a signed declaration or contain a false declaration.
• Include a penalty for making a false declaration.
• Require signature gathering companies and subcontractors register with the Public Disclosure Commission and disclose which ballot measure they are collecting signatures for.
• Allow registrations of paid signature gatherers and firms to be revoked if fraud is proven in Washington or any other state.
These amendments modernize our current laws protecting voters and making certain signature gathering firms follow best business practices
.
Updates to the ballot measure process allow us to keep up with industry and ensure another 99 years of direct vote of the people.
Ballot Initiative Network, 1402 Third Avenue, Suite 201, Seattle, WA 98101
206-420-0139
