The current Secretary of State Steve Hobbs (Democrat) and former Secretary of State Sam Reed (Republican) BOTH oppose SB 5382 and say it would not be good for Washington—kill this “initiative killer” bill!
Washington’s initiative process is a vital tool for direct democracy, ensuring that the people have a voice in shaping the state’s laws. This form of direct democracy empowers voters by giving them a mechanism to shape policy when they feel lawmakers are not addressing certain issues.
Senate Bill 5382 threatens the initiative process and will make it harder for the people to have their say, partly because it threatens to fine or jail signature gatherers if they falsely swear that each person signing the form read the whole petition and that no one was offered or took compensation or a gratuity to sign.
Former Secretary of State Sam Reed opposes the bill and wrote a letter to the legislators on the committee expressing his concerns.
What does this bill do?
The bill is sponsored by Senators Javier Valdez (D-Seattle) and Marko Liias (D-Edmonds).
SB 5382 would require signature gatherers to sign an affidavit swearing that every petitioner signing the initiative sheet reviewed it and signed without compensation or gratuity — or the promise thereof. Otherwise, the signature gatherer would be guilty of a gross misdemeanor and could receive a $5,000 fine or 364 days in jail (or both).
SB 5382 would also require an address match for a signature to be valid, which the Office of the Secretary of State says will increase the workload needed to verify the signatures and will likely require more full manual counts. The excuse for this is that it would stop fraud and abuse by paid signature gatherers. However, invalid signatures are already caught by the current system and reported. If the numbers of those are high, it’s reported to the state patrol.
“If the people knew what their Legislature is trying to do to them, I think they would be appalled. The state constitution says the initiative is the first power reserved by the people. Unfortunately, my colleagues are taking it away from them,” says Sen. Jeff Wilson, 19th LD Lead Republican on the State Government and Elections Committee.
Why is this a bad bill?
- UNCONSTITUTIONAL: SB 5382 is a bad bill primarily because it is unconstitutional. Article II Section 1 of the state constitution states that legislation pertaining to initiatives/referenda may be enacted only to “facilitate its operation.” This entire bill is a roadblock, not a facilitation. Petitions to enact new law should be easy for citizens to manage.
- UNNECESSARY: Fraud and abuse are already captured by the current process, and holding signature gatherers personally liable for the validity of the signatures when the state already has an effective process for weeding out the bad ones is absurd.
- ANTIDEMOCRATIC: SB 5382 would have a chilling effect by using a heavy hand to discourage people from volunteering to gather signatures. The timing of this bill is no coincidence. Being introduced after citizens of Washington submitted seven initiatives to shine a light on what the Democrat majority in the Legislature enacted makes one wonder if the bill is intended to stop future efforts to hold the Democrats accountable – to silence the people who don’t agree with them.
- SLANDEROUS: The intent section of the bill attacks signature gatherers as if they are the only ones who can be guilty of fraud and abuse where petitions are concerned. This ignores the fact that someone signing the petition could lie. Not only that, but it can create “false negatives,” where valid signatures end up being rejected that would currently be accepted on a valid petition.
- DANGEROUS: SB 5382 weaponizes the initiative process by providing a means by which bad actors could sabotage the process and frame signature gatherers for fraud/abuse. Someone could easily lie about having read the entire petition. People lie all the time about having read the terms and conditions for different websites and services.
Why is the initiative process important?
- Citizen Empowerment – The initiative process ensures that ordinary people, not just elected officials, can influence public policy. It allows voters to propose new laws or repeal existing ones.
- Government Accountability – If the legislature fails to act on issues important to the public, citizens can use initiatives to push policies forward without relying on politicians.
- Political Balance – Washington is a politically diverse state, and the initiative process allows voices from across the spectrum to be heard, preventing any single party from dominating the legislative agenda.
- Encourages Civic Engagement – Gathering signatures, debating issues, and voting on initiatives increase public participation in the democratic process.
- Checks and Balances – The initiative process serves as a check on government power by giving voters the ability to counteract legislative decisions they disagree with.
- Flexibility and Responsiveness – Initiatives can address urgent or emerging issues more quickly than waiting for the legislative process to play out.
Call to action
The Senate Ways & Means Committee is holding a Public Hearing at 1:30 p.m. in the Senate Hearing Rm 4 and Virtually (J.A. Cherberg Building) in Olympia on February 24, 2025.
Register your opposition by selecting the “CON” position and press submit to state your position on a bill without testifying:
Sign up to testify at the committee against SB 5382 (in person or remotely):
- Click here to sign up to testify.
Contact Senate Democrat leaders and tell them NOT to bring SB 5382 to the Senate floor for a vote.
If the Democrat majority brings the bill before the full Senate for a vote, it will pass because Democrats have the majority. Then, it will go to the House of Representatives for consideration, where you will get another chance to stop the bill from becoming law.
Sincerely,
Senator Matt Boehnke (R-Kennewick)
Op-Ed DISCLAIMER: The views and comments expressed are those of the writer and not necessarily those of the Lynnwood Times nor any of its affiliates.
Author: Lynnwood Times Contributor
