HOUSE BILL REPORT

HJM 4005

BYRepresentatives Pruitt, Baugher, Winsley, Jacobsen, Fisher, Fisch, Lux, Rasmussen, Day, Leonard, Lewis, B. Williams, D. Sommers, Ballard, Brough, Walker, Betrozoff, Doty, Amondson, Ferguson, Bumgarner, L. Smith, Taylor, Todd, Moyer, C. Smith, Hankins and Chandler

Requesting an amendment to authorize campaign expenditure and contribution limits.

House Committe on Constitution, Elections & Ethics

Majority Report:  Do pass.  (5)

      Signed by Representatives Fisher, Chair; Pruitt, Vice Chair; Amondson, Fisch and Leonard.

Minority Report:  Do not pass.  (1)

      Signed by Representative Barnes.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE MARCH 17, 1987

BACKGROUND:

In 1972, the voters approved Initiative Measure No. 276 regarding public disclosure.  One section of the initiative established mandatory expenditure limits on campaigns for elective office.  In 1974, the state's Supreme Court found that section to be unconstitutional.

A series of federal court cases has identified a number of Constitutional limitations on the regulation of campaign financing.  Found to be impermissible have been (1) limitations on expenditures from a candidate's personal funds, when public financing is not present; (2) limitations on overall campaign expenditures, when public financing is not present; (3) limitations on contributions and expenditures in ballot measure campaigns; and (4) limitations on independent campaign expenditures.

SUMMARY:

The Congress is requested to propose an amendment to the U.S. Constitution which would permit: the Congress to enact laws regulating the amounts of contributions and expenditures intended to affect elections to federal office; and the states to enact laws regulating the amounts of contributions and expenditures intended to affect elections to state and local offices.  Under the proposed Constitutional amendment, no regulation could limit expenditures by independent persons or entities unless the expenditures were related to clearly identified candidates.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Representative Pruitt.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    (1) It is currently difficult to regulate campaign financing without providing public financing for campaigns.  (2) The limitation on free speech that would be imposed by the proposed Constitutional amendment is narrow.

House Committee - Testimony Against:      (1) The Constitutional amendment requested by the measure would impose a limitation on free speech.  (2) A good disclosure law is preferable to limiting the right of persons to support the candidates of their choice.  People do not have to vote for the biggest campaign spender.