H-2359.1          _______________________________________________

 

                            SUBSTITUTE HOUSE BILL 1827

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By House Committee on Local Government (originally sponsored by Representative Haugen).

 

Read first time March 6, 1991.  Limiting the time for actions to be brought challenging elections.


     AN ACT Relating to local government bond and tax levy elections; amending RCW 42.17.390; and adding a new section to chapter 4.16 RCW.

 

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

 

     Sec. 1.  RCW 42.17.390 and 1973 c 1 s 39 are each amended to read as follows:

     (1) One or more of the following civil remedies and sanctions may be imposed by court order in addition to any other remedies provided by law:

     (a) If the court finds that the violation of any provision of this chapter by any candidate or political committee probably affected the outcome of any election, the result of said election may be held void and a special election held within sixty days of such finding.  Any action to void an election shall be commenced within one year of the date of the election in question except that any action to void an election authorizing the issuance of bonds or the levy of taxes shall be commenced within one hundred eighty days after the date the certificate of the results of the election in question is executed pursuant to RCW 29.62.040.  It is intended that this remedy be imposed freely in all appropriate cases to protect the right of the electorate to an informed and knowledgeable vote.

     (b) If any lobbyist or sponsor of any grass roots lobbying campaign violates any of the provisions of this chapter, his registration may be revoked or suspended and he may be enjoined from receiving compensation or making expenditures for lobbying:  PROVIDED, HOWEVER, That imposition of such sanction shall not excuse said lobbyist from filing statements and reports required by this chapter.

     (c) Any person who violates any of the provisions of this chapter may be subject to a civil penalty of not more than ten thousand dollars for each such violation.

     (d) Any person who fails to file a properly completed statement or report within the time required by this chapter may be subject to a civil penalty of ten dollars per day for each day each such delinquency continues.

     (e) Any person who fails to report a contribution or expenditure may be subject to a civil penalty equivalent to the amount he failed to report.

     (f) The court may enjoin any person to prevent the doing of any act herein prohibited, or to compel the performance of any act required herein.

 

     NEW SECTION.  Sec. 2.  A new section is added to chapter 4.16 RCW to read as follows:

     No lawsuit whatsoever may be maintained against any municipal corporation or public official challenging or in any manner contesting or seeking to void the outcome of any election authorizing the issuance of bonds or the levy of taxes unless that lawsuit is served and filed no later than one hundred eighty days after the date the certificate of the results of such election is executed pursuant to RCW 29.62.040.