WA state smart to change signature rules for sex ed opponents and others | Editorial

The coronavirus has created a serious dilemma pitting public health against the constitutional rights of citizens to gather signatures for initiatives and referendums.

While there are no easy answers, Secretary of State Kim Wyman has come up with a way people can sign proposed ballot measures and still comply with Gov. Jay Inslee’s stay-at-home order, which should be a relief to the thousands of people bent on halting the recently approved sex education bill.

While not ideal, Wyman’s suggestion is the best citizens can hope for given current restrictions requiring people to stay home and stay apart.

She told the Tri-City Herald she is encouraging people to send out referendums and initiatives electronically as a PDF. Citizens can individually sign the forms and send them back to sponsors.

Wyman emphasized that a scanned signature sent in electronically will not be accepted.

“We need a wet signature,” she said. That means citizens likely will have to mail petitions back to organizers.

This is good news, though, for those wanting a chance to get their proposals on the ballot in November. Getting enough signatures still will be a challenge, but Wyman’s plan provides more hope that it can be done.

Several initiatives and referendums were filed with the Secretary of State before the coronavirus, which causes the COVID-19 respiratory disease, forced Washington residents to practice social distancing.

Two of those proposed ballot measures, Referendums 90 and 91, are aimed at halting Engrossed Substitute Senate Bill 5395 —legislation that requires school districts to provide comprehensive sexual health education for all grades, including kindergarten.

Hundreds of people protested the proposal, but it was approved in both the House and the Senate, with the Democratic majority pushing it through. Inslee signed the measure into law Friday.

Tri-City area lawmakers all opposed it.

Rep. Brad Klippert, R-Kennewick, was vocal about his disdain for the sex ed requirement in a recent interview with the Herald. He said people lined up as early as 5:30 a.m. to testify against the bill, with the line snaking around the Capitol grounds. But it was approved despite the public outcry, he said.

The sex ed legislation was requested by State Superintendent of Public Instruction Chris Reykdal. He and others who supported the measure say too many children are being sexually abused, and they need information that will help them recognize that abuse.

The legislation says school curriculum is age appropriate, provides parents with an opt-out option and includes information about abstinence and other methods that prevent pregnancies and sexually transmitted diseases.

Opponents say the material provided by OSPI is too explicit, and they insist it is not age appropriate. They believe ESSB 5395 will take away local control, and has the potential to undermine parental values.

This likely may be the hottest ballot measure of the year if it manages to make it to the fall election.

It would have been a shame if the coronavirus completely stopped the signature-gathering process — or delayed it so long that sponsors had no time to get their signed documents turned in. Proposed ballot measures across the country are in jeopardy.

Referendums require 129,811 valid signatures by June 10, and initiatives to the people require 259,622 valid signatures by July 2. So the clock is ticking.

Wyman said the number of signatures needed to qualify for the ballot and the deadlines to turn those signatures in are set by the State constitution, so she cannot change them.

Other states have considered accepting online signatures, but Wyman nixed that idea.

She is not a fan of accepting electronic signatures because the risks of fraud and security breaches are too high.

But allowing people to sign a document and mail it in to sponsors of the proposed ballot measures is a solid compromise.

At this point, with the coronavirus restricting personal contact, Wyman’s suggestion seems like the best way to balance social distancing with the initiative process.

This story was originally published March 27, 2020 at 2:50 PM.