S-0386

AN ACT Relating to fair campaign practices; amending RCW 29.85.070, 42.17.360, and 42.17.390; and prescribing penalties.

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

Sec. 1. RCW 29.85.070 and 1965 c 9 s 29.85.070 are each amended to read as follows:

(1) Any person who in any way, directly or indirectly, by menace or other corrupt means or device, attempts to influence any person in giving or refusing to give his or her vote in any election, or deters or dissuades any person from giving his or her vote therein, or disturbs, hinders, persuades, threatens, or intimidates any person from giving his or her vote therein; or who at any such election, knowingly and willfully makes any false or misleading assertion, employs any altered photograph or out-of-context recording, or propagates any false report ((~~concerning any person who is candidate thereat, which shall have~~)) that has a tendency to ((~~prevent~~)) promote his or her election or that of another or that has a tendency to prevent another's election, or with a view thereto, shall be guilty of a gross misdemeanor and, on conviction, shall be punished by a fine of not to exceed ((~~two hundred fifty~~)) one thousand dollars or by imprisonment for the term of ((~~six months~~)) one year, or by both.

(2) Any political or public relations consultant or anyone employed or under contract, regardless of by whom, who gives advice or provides any services to a candidate who initiates, aids, or abets any of the prohibited conduct under this section, is guilty to the same extent and subject to the same penalties as the candidate would be.

Sec. 2. RCW 42.17.360 and 1973 c 1 s 36 are each amended to read as follows:

The commission shall:

(1) Develop and provide forms for the reports and statements required to be made under this chapter((:));

(2) Prepare and publish a manual setting forth recommended uniform methods of bookkeeping and reporting for use by persons required to make reports and statements under this chapter;

(3) Compile and maintain a current list of all filed reports and statements;

(4) Investigate whether properly completed statements and reports have been filed within the times required by this chapter;

(5) Upon complaint or upon its own motion, investigate and report apparent violations of this chapter to the appropriate law enforcement authorities;

(6) Prepare and publish an annual report to the governor as to the effectiveness of this chapter and its enforcement by appropriate law enforcement authorities;

(7) Adopt standards for fair campaign practices; and

((~~(7)~~)) (8) Enforce this chapter and standards and rules adopted under it according to the powers granted it by law.

Sec. 3. 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 or RCW 29.85.070 by any candidate, political or public relations consultant or other person covered under RCW 29.85.070(2), 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. 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 or her registration may be revoked or suspended and he or she 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 or she 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.