Among the provisions of Initiative 517 is the requirement to allow signature gathering “inside or outside public buildings such as public sports stadiums, convention/exhibition centers, and public fairs.” Public buildings, however, is not defined by the measure. According to the Secretary of State’s Office, Department of Enterprise Services, and the Attorney General’s Office there is currently no standard rule for signature gathering on public property though most public entities provide some opportunity for signature gathering with certain restrictions.
One government entity concerned about the language proposed in Initiative 517, however, is the Office of Superintendent of Public Instruction. According to Nathan Olson, Communications Manager for OSPI:
I-517 is neither clear nor definitive on whether schools are covered as a public space. The Secretary of State’s office said that rules regarding signature gathering on private property have been developed through case law; they expect the same to happen with public property, should the initiative pass. Both agencies anticipate litigation – possibly significant amounts – if the I-517 passes.
When asked if K-12 schools would be considered “public buildings” under I-517, the Yes on I-517 Campaign said:
If it is open to and paid for by the public, yes but obviously no voters in K-12 (kindergartners do not vote) but at public colleges, if it is open to and paid for by the public, yes.
A legal analysis by former Supreme Court Justice Phil Talmadge contracted for by the No on I-517 Campaign came to the following conclusion on the definition of public building:
In my opinion, given the liberal interpretation directive in § 6 of Initiative 517 and the Initiative's concern about private interference with signature gathering, a public building is any building open to the public and extends not only to buildings owned by governmental agencies, but private property in which the public is permitted to enter.
Due to the lack of definition of “public building” in Initiative 517 it is likely that the guidelines for how this provision are to be interpreted will require additional guidance from the courts or lawmakers should Initiative 517 be adopted.
Here is a comparison of current law concerning signature gathering and the changes proposed by Initiative 517:
| Current Law | Under I-517 |
Time to gather signatures | 10 months (6 months to the people) | 16 months |
Signature gathering on private property | Limited to areas deemed to be a public square such as a large shopping mall with a history of public solicitation access. | In front of the exits and entrances of any store regardless of size or prior public solicitation access. Store is not defined. |
Signature gathering on public property | No standard rule for signature gathering on public property though most public entities provide some opportunity for signature gathering with certain restrictions. | Inside or outside of all public buildings including government agencies, higher education institutions, K-12 schools, sports stadiums, convention centers and fairs. Public building is not defined. |
Punishment for interfering with signature gathering | A gross misdemeanor punishable by up to 364 days in jail and/or a fine up to $5,000 for interfering with the signature gathering process. | A misdemeanor punishable by up to 90 days in jail and/or a fine up to $1,000 for harassing those circulating or signing a petition. |
Treatment of submitted petitions | Only those measures with the adequate number of signatures and deemed to be within the initiative powers of a jurisdiction can proceed to the ballot. | All state and local petitions with the adequate number of signature in jurisdictions with the right of initiative would proceed to the ballot. |
Additional Information
Does I-517 interfere with private property rights?
I-517: Should all initiatives with adequate signatures go before voters?
I-517: Are new harassment protections needed for signature gatherers?
Heavy hitters line up against I-517
