Not in Washington. You have to get the blessing of the State Supreme Court. If the elected official is politically connected, you have no chance of getting it to the collection of signature stage.
Since Durban and McKay are two former US Attorneys, they are connected and the WASC will approve the petition. They are also both gay. Durkan is openly gay; and everyone knows McKay is, too.
[Not in Washington. You have to get the blessing of the State Supreme Court.]