SB 5843
In CommitteeSenate
Signature gatherers
Establishing penalties and protections against harassment of initiative and referendum signature gatherers.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill strengthens legal protections against harassment for people collecting signatures for initiatives and referendums, treating such harassment as a more serious crime under certain conditions. It also expands existing harassment laws to include signature gatherers alongside other election and criminal justice officials, and allows them to access the state’s address confidentiality program for safety.
- Expands the legal definition of 'election official' to include people collecting signatures for initiatives or referendums.
- Makes it a class C felony (instead of just a gross misdemeanor) to harass an election official or signature gatherer while performing official duties, or because of actions taken in those duties.
- Adds signature gatherers to the list of protected individuals under existing harassment laws, including protections for threats of violence or physical harm.
- Allows signature gatherers, election officials, and criminal justice participants (and their household members) to enroll in the address confidentiality program to help protect their safety.
- Clarifies that threats are not harassment if the target reasonably believes the person making the threat cannot carry it out.
Who is affected
- Initiative and referendum signature gatherers — Signature gatherers for initiatives and referenda will now be legally protected from harassment, including threats, threats of violence, or other harmful actions related to their petition work.
- Election officials — Election office staff (e.g., county auditor employees involved in voter registration or vote processing) gain stronger legal protections and may qualify for address confidentiality if targeted.
- Criminal justice participants — Law enforcement, prosecutors, corrections staff, and other criminal justice personnel gain enhanced protections when targeted for threats related to their official duties.
- Household members of protected individuals — People who live with signature gatherers, election officials, or criminal justice participants may also benefit from protections like address confidentiality if they share a household with the targeted person.
Pro/Con Analysis
Stronger case for concerns
Potential Benefits (3)
Elevating harassment of signature gatherers and election officials from gross misdemeanor to class C felony enhances deterrence and increases penalties for threats targeting election workers — a group increasingly exposed to political violence and intimidation. This strengthens legal tools to protect democratic participation.
Public SafetyPeopleRef: Sec. 1(2)(b)(iii)-(iv)Allowing signature gatherers, election officials, and criminal justice participants (and household members) to enroll in the address confidentiality program significantly improves personal safety for individuals at risk of targeted harassment or retaliation.
Public SafetyPeopleRef: Sec. 1(3)Explicitly including signature gatherers in the definition of 'election official' affirms their critical role in the democratic process and extends constitutional protections to grassroots civic engagement, reinforcing participatory democracy.
Rights & LibertiesPeopleRef: Sec. 1(5)(b)
Potential Concerns (5)
Elevating harassment of signature gatherers and election officials from gross misdemeanor to class C felony enhances deterrence and increases penalties for threats targeting election workers — a group increasingly exposed to political violence and intimidation. This strengthens legal tools to protect democratic participation.
Public SafetyPeopleRef: Sec. 1(2)(b)(iii)-(iv)Allowing signature gatherers, election officials, and criminal justice participants (and household members) to enroll in the address confidentiality program significantly improves personal safety for individuals at risk of targeted harassment or retaliation.
Public SafetyPeopleRef: Sec. 1(3)Explicitly including signature gatherers in the definition of 'election official' affirms their critical role in the democratic process and extends constitutional protections to grassroots civic engagement, reinforcing participatory democracy.
Rights & LibertiesPeopleRef: Sec. 1(5)(b)The exception that threats are not harassment if the target reasonably believes the person cannot carry them out introduces a subjective safety threshold that may reduce legal protections for individuals who perceive credible threats but lack concrete evidence of capability.
Public SafetyRef: Sec. 1(2)(b)(iv) (exception clause)The bill’s fiscal impact is described as 'minor' with no new funding required, but increased enforcement of heightened penalties may strain local law enforcement and court resources without additional budget allocation.
Local GovernmentRef: Fiscal Impact
Who Is Most Affected
Signature gatherers — often low-wage, part-time, or volunteer civic actors — gain strong legal protections and access to safety tools like address confidentiality, reducing personal risk while performing constitutionally protected work.
Election office staff (e.g., county auditors) gain stronger legal recourse and safety tools, especially important amid rising threats to election administrators nationwide.
Criminal justice personnel (law enforcement, prosecutors, corrections staff) gain expanded protections and eligibility for address confidentiality, aligning with existing federal and state protections for similar roles.
Household members gain indirect safety benefits through address confidentiality and legal protections tied to the protected individual’s work, reducing secondary exposure to threats.
Local governments may face modest increases in enforcement and court costs, but the bill explicitly states no new funding is required, implying minimal net fiscal burden.