BILL REQ. #:  S-0879.1 

Read first time 02/01/13.   Referred to Committee on Governmental Operations.

     AN ACT Relating to increasing transparency of donors to candidates and ballot measures; amending RCW 29A.32.031, 29A.32.070, 29A.36.106, and 29A.36.161; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that the voters of the state of Washington have overwhelmingly affirmed the public's right to know about the financing of political activity. Recognizing that Initiative 276, which created the public disclosure commission and serves as the foundation of Washington's disclosure and campaign finance laws, was approved with over seventy-two percent of voters in support, the legislature also finds that maintaining the tradition of transparency in campaigns and political activities in the state of Washington is a top priority for citizens throughout Washington state.
     (2) Therefore, it is the intent of the legislature to increase transparency and ensure that voters be provided easy access to accurate information about the sources of money supporting or opposing candidates and ballot measures by printing the public disclosure commission's web site on voters' pamphlets and ballots for each primary and general election.

Sec. 2   RCW 29A.32.031 and 2011 c 60 s 13 are each amended to read as follows:
     The voters' pamphlet published or distributed under RCW 29A.32.010 must contain:
     (1) Information about each measure for an advisory vote of the people and each ballot measure initiated by or referred to the voters for their approval or rejection as required by RCW 29A.32.070;
     (2) In even-numbered years, statements, if submitted, from candidates for the office of president and vice president of the United States, United States senator, United States representative, governor, lieutenant governor, secretary of state, state treasurer, state auditor, attorney general, commissioner of public lands, superintendent of public instruction, insurance commissioner, state senator, state representative, justice of the supreme court, judge of the court of appeals, or judge of the superior court. Candidates may also submit campaign contact information and a photograph not more than five years old in a format that the secretary of state determines to be suitable for reproduction in the voters' pamphlet;
     (3) In odd-numbered years, if any office voted upon statewide appears on the ballot due to a vacancy, then statements and photographs for candidates for any vacant office listed in subsection (2) of this section must appear;
     (4) Contact information for the public disclosure commission established under RCW 42.17A.100, including the following statement: "For a list of the people and organizations that donated to state and local candidates and ballot measure campaigns, visit www.pdc.wa.gov.";
     (5) Contact information for major political parties;
     (6) A brief statement explaining the deletion and addition of language for proposed measures under RCW 29A.32.080; and
     (7) Any additional information pertaining to elections as may be required by law or in the judgment of the secretary of state is deemed informative to the voters.

Sec. 3   RCW 29A.32.070 and 2009 c 415 s 5 are each amended to read as follows:
     The secretary of state shall determine the format and layout of the voters' pamphlet published under RCW 29A.32.010. The secretary of state shall print the pamphlet in clear, readable type on a size, quality, and weight of paper that in the judgment of the secretary of state best serves the voters. The pamphlet must contain a table of contents. Measures and arguments must be printed in the order specified by RCW 29A.72.290.
     The voters' pamphlet must provide the following information for each statewide issue on the ballot except measures for an advisory vote of the people whose requirements are provided in subsection (((11))) (12) of this section:
     (1) The legal identification of the measure by serial designation or number;
     (2) The official ballot title of the measure;
     (3) A statement prepared by the attorney general explaining the law as it presently exists;
     (4) A statement prepared by the attorney general explaining the effect of the proposed measure if it becomes law;
     (5) The fiscal impact statement prepared under RCW 29A.72.025;
     (6) The total number of votes cast for and against the measure in the senate and house of representatives, if the measure has been passed by the legislature;
     (7) An argument advocating the voters' approval of the measure together with any statement in rebuttal of the opposing argument;
     (8) An argument advocating the voters' rejection of the measure together with any statement in rebuttal of the opposing argument;
     (9) Each argument or rebuttal statement must be followed by the names of the committee members who submitted them, and may be followed by a telephone number that citizens may call to obtain information on the ballot measure;
     (10) The following statement: "For a list of the people and organizations that donated to state and local candidates and ballot measure campaigns, visit www.pdc.wa.gov.";
     (11) The full text of the measure;
     (((11))) (12) Two pages shall be provided in the general election voters' pamphlet for each measure for an advisory vote of the people under RCW 43.135.041 and shall consist of the serial number assigned by the secretary of state under RCW 29A.72.040, the short description formulated by the attorney general under RCW 29A.72.283, the tax increase's most up-to-date ten-year cost projection, including a year-by-year breakdown, by the office of financial management under RCW 43.135.031, and the names of the legislators, and their contact information, and how they voted on the increase upon final passage so they can provide information to, and answer questions from, the public. For the purposes of this subsection, "names of legislators, and their contact information" includes each legislator's position (senator or representative), first name, last name, party affiliation (for example, Democrat or Republican), city or town they live in, office phone number, and office e-mail address.

Sec. 4   RCW 29A.36.106 and 2007 c 38 s 3 are each amended to read as follows:
     (1) If the consolidated ballot format is used, the major political party identification check-off box must appear on the primary ballot before all offices and ballot measures. Clear and concise instructions to the voter must be prominently displayed immediately before the list of major political parties, and must include:
     (a) A statement that, for partisan offices, the voter may only vote for candidates of one political party;
     (b) A question asking the voter to indicate the major political party with which the voter chooses to affiliate;
     (c) A statement that, for a major political party candidate, only votes cast by voters who choose to affiliate with that same major political party will be tabulated and reported;
     (d) A statement that votes cast for a major political party candidate by a voter who chooses to affiliate with a different major political party will not be tabulated or reported;
     (e) A statement that votes cast for a major political party candidate by a voter who selects more than one major political party with which to affiliate will not be tabulated or reported; ((and))
     (f) A statement that party affiliation will not affect votes cast for candidates for nonpartisan offices, or for or against ballot measures; and
     (g) The statement: "For a list of the people and organizations that donated to state and local candidates and ballot measure campaigns, visit www.pdc.wa.gov."
     (2) If the physically separate ballot format is used, clear and concise instructions to the voter must be prominently displayed, and must include:
     (a) A statement that, for partisan offices, the voter may only vote for candidates of one political party;
     (b) A statement explaining that only one ballot may be voted;
     (c) A statement explaining that if more than one party ballot is voted, none of the partisan races will be tabulated or reported; ((and))
     (d) A statement explaining that the nonpartisan ballot only lists nonpartisan races and ballot measures and does not list partisan races; and
     (e) The statement: "For a list of the people and organizations that donated to state and local candidates and ballot measure campaigns, visit www.pdc.wa.gov."

Sec. 5   RCW 29A.36.161 and 2011 c 10 s 33 are each amended to read as follows:
     (1) On the top of each ballot must be printed:
     (a) Clear and concise instructions directing the voter how to mark the ballot, including write-in votes; and
     (b) The following statement: "For a list of the people and organizations that donated to state and local candidates and ballot measure campaigns, visit www.pdc.wa.gov."
     (2) On the top of each primary ballot must be printed the instructions required by this chapter.
     (((2))) (3) The ballot must have a clear delineation between the ballot instructions and the first ballot measure or office through the use of white space, illustration, shading, color, symbol, font size, or bold type. The secretary of state shall establish standards for ballot design and layout consistent with this section and RCW 29A.04.611.
     (((3))) (4) The questions of adopting constitutional amendments or any other state measure authorized by law to be submitted to the voters at that election must appear after the instructions and before any offices.
     (((4))) (5) In a year that president and vice president appear on the general election ballot, the names of candidates for president and vice president for each political party must be grouped together with a single response position for a voter to indicate his or her choice.
     (((5))) (6) On a general election ballot, the candidate or candidates of the major political party that received the highest number of votes from the electors of this state for the office of president of the United States at the last presidential election must appear first following the appropriate office heading. The candidate or candidates of the other major political parties will follow according to the votes cast for their nominees for president at the last presidential election, and independent candidates and the candidate or candidates of all other parties will follow in the order of their qualification with the secretary of state.