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Evergreen Ledger

SSB 5973

In Committee

Senate

Initiatives and referenda

Protecting the integrity of the state initiative and referendum process by requiring a demonstration of support before issuance of a ballot measure title and authorizing citizen actions for certain signature gatherer compensation violations.

This status may be delayed. See Action History below for the latest updates.

How does a bill become law?
  1. Introduced: The bill is filed and assigned a number.
  2. Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
  3. Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
  4. Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
  5. Governor: The Governor reviews the bill and decides whether to sign or veto it.
  6. Signed: The bill has been signed into law.
Introduced: January 22, 2026
Last Action: February 26, 2026
Status: S Rules X
Companion Bill:
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AI Analysis

This analysis was generated by AI and may contain errors. It is not legal advice. Always refer to the official bill text for authoritative information.
People & CommunitiesPeople-leaningCorporate & Wealthy Interests

This bill strengthens oversight of Washington’s initiative and referendum process by banning compensation tied to signature counts (to reduce fraud) and requiring sponsors to gather at least 1,000 signatures before filing a measure (to ensure minimum public support and reduce duplicative filings). It also creates a new civil enforcement tool allowing residents to sue violators.

  • Prohibits paying signature gatherers (circulators) based on the number of signatures they collect—compensation must be flat-rate or hourly only.
  • Requires sponsors to submit at least 1,000 signed petitions from registered Washington voters *before* filing a proposed initiative or referendum with the Secretary of State.
  • Authorizes any Washington resident to file a civil lawsuit (‘citizen’s action’) against sponsors or signature-gathering entities that violate the pay rule, with potential civil penalties up to $10,000 per violation and recovery of attorney fees.
  • Requires the Secretary of State to verify the 1,000 pre-filing signatures before allowing the measure to proceed to the ballot title process.
  • Adds new civil penalties and enforcement mechanisms, including a two-year statute of limitations for lawsuits and jurisdiction in superior courts where the violator resides or the violation occurred.

Who is affected

  • Ballot measure sponsors and filers — Must now collect at least 1,000 signatures from registered voters before submitting a proposed initiative or referendum to the Secretary of State for review and balloting.
  • Signature gatherers (circulators) — Cannot be paid based on how many signatures they collect; must use flat-rate or hourly compensation instead.
  • Washington state residents (as private attorneys general) — May bring a civil lawsuit (called a 'citizen’s action') against sponsors or signature-gathering entities that violate the new pay rules, and if successful, recover attorney fees and receive a portion of civil penalties.
  • State agencies (Secretary of State, Attorney General, Office of the Code Reviser) — Will benefit from reduced administrative burden and more consistent ballot titles, as fewer duplicative or low-support measures will be filed.
Effective: July 24, 2026Fiscal impact: The bill may generate civil penalties up to $10,000 per violation, which would go to the state. It could also reduce state costs by limiting the number of duplicative measures reviewed and processed by state agencies. Legal costs from citizen lawsuits are uncertain but likely minimal, as most will be dismissed or settled.
Model: Intel/Qwen3-Coder-Next-int4-AutoRoundGenerated: Mar 20, 2026 at 3:14 AM

Pro/Con Analysis

Stronger case for benefits

Potential Benefits (5)

  • Banning per-signature compensation reduces documented fraud patterns — the bill cites multiple historical cases (e.g., I-985, I-1163, R-74, I-1240) where per-signature pay correlated with forged signatures, clipboard stacking, and duplicate signing; this structural change aligns with upheld laws in Oregon and Montana and is likely to improve petition integrity.

    Public SafetyPeopleRef: NEW SECTION. Sec. 2(1)

  • Requiring 1,000 pre-filing signatures before ballot title processing reduces administrative burden on the Secretary of State, Attorney General, and Code Reviser by filtering out duplicative or low-support measures — the bill notes 64 measures filed by one sponsor in 2023, and 18 near-identical versions in 2024, which strain public resources.

    Local GovernmentPeopleRef: NEW SECTION. Sec. 1(3)(d)

  • The 1,000-signature threshold ensures a minimal level of public support before a measure proceeds to the ballot title process, reducing voter confusion from near-identical or low-support measures and preventing strategic judge- or title-shopping, which undermines democratic fairness.

    Public SafetyPeopleRef: NEW SECTION. Sec. 1(3)(d)

  • The citizen’s action provision empowers residents to serve as private attorneys general and hold violators accountable — this strengthens democratic accountability by enabling enforcement where state resources are limited, and successful plaintiffs can recover attorney fees, making litigation more accessible.

    Rights & LibertiesPeopleRef: NEW SECTION. Sec. 2(2)(a)(i)

  • The bill draws on multi-state evidence (Oregon, Montana, Arizona) showing that similar compensation bans reduced fraud without reducing ballot access — suggesting Washington’s reform is conservative and evidence-based, not ideologically driven.

    Public SafetyPeopleRef: NEW SECTION. Sec. 1(3)(h)
Potential Concerns (5)

  • The citizen’s action provision allows any Washington resident to sue for violations of the compensation rule and recover attorney fees and a portion of civil penalties — but the structure creates a financial incentive for plaintiffs’ firms to bring lawsuits, potentially leading to strategic or overbroad litigation targeting small sponsors or circulators who may lack legal resources to defend against meritless claims.

    Rights & LibertiesPeopleRef: NEW SECTION. Sec. 2(2)(a)(i)

  • The bill authorizes courts to award attorney fees to defendants if a citizen’s action is dismissed and found frivolous or in bad faith — but this safety net is narrow and unlikely to deter overzealous litigation, as courts rarely make such findings, and many small sponsors cannot afford legal counsel to seek fees even if they win.

    Rights & LibertiesPeopleRef: NEW SECTION. Sec. 2(2)(a)(ii)

  • The ban on per-signature compensation will reduce income for low-wage signature gatherers, many of whom are day laborers or gig workers who rely on performance-based pay to maximize earnings in a short window; flat-rate or hourly pay typically yields lower earnings per hour, especially for less experienced or slower circulators.

    Business & EmploymentPeopleRef: NEW SECTION. Sec. 2(1)

  • The civil penalty structure ($10,000 per violation) disproportionately burdens small sponsors and micro-organizations (e.g., local advocacy groups, single-issue coalitions) that lack legal compliance infrastructure — while large, well-funded campaigns can absorb fines or settle quietly, smaller actors face existential risk from a single misstep.

    Business & EmploymentPeopleRef: NEW SECTION. Sec. 2(2)(a)(i)

  • The citizen’s action provision creates a financial incentive for plaintiffs’ attorneys to target sponsors based on minor or technical violations (e.g., a circulator paid $1 extra per hour above flat rate), potentially chilling legitimate grassroots organizing due to fear of costly litigation even when no fraud occurred.

    Rights & LibertiesPeopleRef: NEW SECTION. Sec. 2(2)(a)(i)

Who Is Most Affected

Ballot measure sponsors and filersNegative Impact

Sponsors (especially small or single-issue groups) will face higher upfront costs and legal risk: they must now collect 1,000 signatures before filing, and face civil liability up to $10,000 per violation if circulator compensation is misstructured — even minor errors could trigger lawsuits or penalties.

Signature gatherers (circulators)Negative Impact

Circulators — often low-wage, gig, or day laborers — will earn less per hour under flat or hourly pay than under per-signature pay, especially if they are less experienced or work slowly; this reduces earning flexibility and may discourage participation in signature gathering.

Washington state residents (as private attorneys general)Mixed Impact

Residents gain a new enforcement tool to sue violators and recover fees, but also face increased risk of being sued (as defendants) if they sponsor measures and make technical errors — the benefit is real but concentrated among those with legal knowledge or access to counsel.

State agencies (Secretary of State, Attorney General, Office of the Code Reviser)Positive Impact

State agencies benefit from reduced administrative burden due to fewer duplicative filings and more vetted measures; this improves efficiency and reduces strain on staff resources without direct cost to the public.

Plaintiffs’ attorneysPositive Impact

Plaintiffs’ attorneys may benefit from new litigation opportunities under the citizen’s action provision, especially if they identify patterns of noncompliance among sponsors — but this could also lead to strategic lawsuits that burden small sponsors.