S-0283.1                   _______________________________________________

                                                     SENATE BILL 5074

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Vognild, Newhouse, Gaspard, Snyder, Sellar and Erwin

Read first time 01/12/93.  Referred to Committee on Law & Justice.

Providing a procedure for advance public inspection of political advertising.

          AN ACT Relating to political advertising; and adding new sections to chapter 42.17 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 42.17 RCW to read as follows:

          The legislature finds that the use of false or misleading campaign advertising during the final days of a primary, special, or general election campaign is particularly detrimental to the conduct of free and fair elections because it does not allow time for an opponent to respond or for the media or public to engage in any investigation and evaluation of the issues raised.  The use of last-minute attacks by candidates discourages fair debate and fosters public cynicism with regard to the electoral process.  The purpose of sections 2 and 3 of this act is to encourage fairness in the conduct of campaigns and to assure the public adequate time to evaluate information presented about each candidate for public office.

NEW SECTION. Sec. 2.  A new section is added to chapter 42.17 RCW to read as follows:

          (1) No later than ten days prior to any primary, special, or general election, all candidates for public office seeking to be nominated or elected at that primary or election shall submit copies of all political advertising, of whatever form, that they intend to use during the remaining days of the primary, special, or general election campaign, to the commission and, in the case of a candidate seeking nomination or election to a public office in a district that is entirely within the boundaries of a single county, to the county auditor of such county.  The commission shall adopt administrative rules specifying the form of all submissions including, but not limited to, videotapes, printed copy, and transcripts of telephonic and radio messages.

          (2) On the ninth day prior to any primary, special, or general election, the commission shall publish a list of all candidates for public office seeking to be nominated or elected at such primary or election, identifying those who have complied and those who have not complied with the requirements of subsection (1) of this section.  All materials submitted to the commission and county auditors pursuant to subsection (1) of this section shall be made available for public inspection no later than noon of the ninth day prior to the primary or election.

          (3) Any candidate seeking nomination or election at any primary, special, or general election who, upon inspection of an opponent's submissions made pursuant to subsection (1) of this section, believes that any of the statements or messages contained in the submissions are false or misleading shall, no later than five days prior to the election, submit copies of any political advertising, of whatever form, that has not already been submitted, which he or she intends to use during the remaining days of the primary, special, or general election campaign to respond to the statements or messages which he or she believes are false or misleading.  Submissions made pursuant to this subsection shall be delivered to the commission and, in the case of a candidate seeking nomination or election to a public office in a district that is entirely within the boundaries of a single county, to the county auditor of such county.  Any submissions made pursuant to this subsection shall only respond to the statements or messages that the candidate believes to be false or misleading and may not address or introduce any new subject.  All submissions made pursuant to this subsection shall be made available for public inspection no later than noon of the fourth day prior to the election.

NEW SECTION. Sec. 3.  A new section is added to chapter 42.17 RCW to read as follows:

          Failure to comply with section 2 of this act shall not be the basis for imposition of any of the sanctions authorized by RCW 42.17.390, 42.17.395, 42.17.397, or 42.17.400.  This limitation shall not impair or alter any authority to bring civil or criminal actions or impose sanctions based upon the violation of any other sections of this chapter, other statutes, or common law.

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