OPINION: Reject Senate bill that alters WA initiative process

This editorial was published in The Columbian of Vancouver, Wash.

For more than a century, Washington voters have had the ability to enact laws through the initiative process. Lawmakers should be reluctant to diminish that right, which is an important method for keeping power in the hands of the people.

Senate Bill 5382 would alter the initiative process and has generated much debate in Olympia. The legislation would require those gathering signatures for referendum and initiative petitions to sign declarations stating that the information given is accurate, under penalty of false swearing; they also would have to vow that signers did not get paid or promised gratuity for participating. Signature gatherers convicted of false swearing could face penalties of up to 364 days in jail and a $5,000 fine.

Indeed, integrity is essential to the initiative process. But in considering changes, legislators should heed the insight of Secretary of State Steve Hobbs, a Democrat. A statement from Hobbs’ office said the proposal “is not helpful” to residents and said: “Adding a voter’s residential address to the process of validating voters’ eligibility to sign an initiative petition is unnecessary and won’t help voters in any demonstrative way.”

Sam Reed, a Republican who was secretary of state from 2001 to 2013, also opposes the bill. Reed fears that it would “put all the onus on the person who is circulating the petitions, and have the voter deprived of his or her participation in the process because of some mistake that the person circulating the petition makes.”

The fact that Democrats have introduced SB 5382 and are supporting the bill demonstrates the vagaries of the issue. Prior to the 2024 election, conservatives gathered enough signatures to send seven initiatives to lawmakers. The Legislature approved three of them, leaving four in the hands of voters.

Initiative 2066, primarily regulating natural gas, was passed by the electorate. The others — including measures to repeal the Climate Commitment Act and the capital gains tax — were soundly defeated, but not before creating consternation among progressives and Democratic legislators.

As Reed said regarding SB 5382: “I’ve been in this election process since the 1970s, and I just don’t think we ought to change the rules because we’re unhappy about something that happened last year or the year before.” And as The (Tacoma) News Tribune explains: “Reed noted that when there was an initiative to legalize marijuana in Washington, Democrats loved the process. Republicans at the time wanted to impose more restrictions.”

The lawmaking process should not be altered because one party or the other sees a particular threat. Upholding the power of the public is even more important when one party holds a significant majority in the Legislature — as Democrats do now. Using that power to limit the influence of naysayers is an abuse that exacerbates political divisions.

SB 5382 passed the Senate State Government, Tribal Affairs and Elections Committee in a party-line 5-4 vote and now is being heard in the Senate Ways and Means Committee. If it eventually comes to the floor of the Senate, Democrats should consider whether they would support it if their party was the one in the minority.

Meanwhile, Republicans have dubbed the legislation as an “initiative killer.” That is a bit of hyperbole, but it does reflect the fact that it is an important issue that touches upon the basic foundation of our democracy.

Legislators should protect that democracy by rejecting Senate Bill 5382.

TNS