5399-S

AN ACT Relating to campaign contribution and spending limits; amending RCW 42.17.640 and 29.80.010; adding new sections to chapter 42.17 RCW; and prescribing penalties.

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:

(1) This section governs contributions to a candidate, state official, or political committee who has failed to file a statement of acceptance of voluntary expenditure limits within the time limits set forth in section 4 of this act.

(2) No candidate for a state legislative office may accept from any person contributions that in the aggregate exceed fifty dollars, and no candidate for a state office other than a state legislative office may accept from any person contributions that in the aggregate exceed one hundred dollars, for each election in which the candidate is on the ballot or appears as a write-in candidate. Contributions made with respect to a primary may not be accepted after the date of the primary. Contributions made with respect to a general election may not be accepted after the final day of the applicable election cycle.

(3) No state official against whom recall charges have been filed, and no political committee having the expectation of making expenditures in support of the recall of the state official, may accept contributions from any person during a recall campaign that in the aggregate exceed fifty dollars if for a state legislative office or one hundred dollars for a state office other than a legislative office.

(4)(a) Notwithstanding subsection (2) of this section, no candidate during an election cycle may accept contributions from a bona fide political party or caucus of the state legislature that in the aggregate exceed (i) five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is seeking election if the contributor is a caucus of the state legislature or the state governing body of a political party, or (ii) two and one-half cents multiplied by the number of registered voters in the jurisdiction from which the candidate is seeking election if the contributor is a county central committee or a legislative district committee.

(b) No candidate may accept contributions from a county central committee or a legislative district committee during an election cycle that, when combined with contributions from other county central committees or legislative district committees, would in the aggregate exceed two and one-half cents times the number of registered voters in the jurisdiction from which the candidate is elected.

(5)(a) Notwithstanding subsection (3) of this section, no state official against whom recall charges have been filed, and no political committee having the expectation of making expenditures in support of the state official, may accept contributions from a bona fide political party or caucus of the state legislature during a recall campaign that in the aggregate exceed (i) five cents multiplied by the number of registered voters in the jurisdiction entitled to recall the state official if the contributor is a caucus of the state legislature of the governing body of a state organization, or (ii) two and one-half cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.

(b) No state official against whom recall charges have been filed, no authorized committee of the official, and no political committee having the expectation of making expenditures in support of the recall of a state official may accept contributions from a county central committee or a legislative district committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed two and one-half cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected.

(6) The contributions allowed by subsection (3) of this section are in addition to those allowed by subsection (2) of this section.

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

(1) This section governs contributions to a candidate, state official, or political committee who has filed a statement of acceptance of voluntary expenditure limits within the time limits set forth in section 4 of this act.

(2) No candidate for a state legislative office may accept, from any person other than a bona fide political party or caucus of the state legislature, contributions that in the aggregate exceed five hundred dollars, and no candidate for a state office other than a state legislative office may accept, from any person other than a bona fide political party or caucus of the state legislature, contributions that in the aggregate exceed one thousand dollars, for each election in which the candidate is on the ballot or appears as a write-in candidate. Contributions made with respect to a primary may not be accepted after the date of the primary. Contributions made with respect to a general election may not be accepted after the final day of the applicable election cycle.

(3) No state official against whom recall charges have been filed, and no political committee having the expectation of making expenditures in support of the recall of the state official, may accept, from any person other than a bona fide political party or caucus of the state legislature, contributions during a recall campaign that in the aggregate exceed five hundred dollars if the official is a state legislator or one thousand dollars if the official holds a state office other than state legislator.

(4)(a) Notwithstanding subsection (2) of this section, no candidate during an election cycle may accept contributions from a bona fide political party or caucus of the state legislature that in the aggregate exceed (i) fifty cents multiplied by the number of registered voters in the jurisdiction from which the candidate is seeking election if the contributor is a caucus of the state legislature or the state governing body of a political party, or (ii) twenty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is seeking election if the contributor is a county central committee or a legislative district committee.

(b) No candidate may accept contributions from a county central committee or a legislative district committee during an election cycle that, when combined with contributions from other county central committees or legislative district committees, would in the aggregate exceed twenty-five cents times the number of registered voters in the jurisdiction from which the candidate is elected.

(5)(a) Notwithstanding subsection (3) of this section, no state official against whom recall charges have been filed, and no political committee having the expectation of making expenditures in support of the state official, may accept contributions from a bona fide political party or caucus of the state legislature during a recall campaign that in the aggregate exceed (i) fifty cents multiplied by the number of eligible registered voters in the jurisdiction entitled to recall the state official if the contributor is a caucus of the state legislature of the governing body of a state organization, or (ii) twenty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.

(b) No state official against whom recall charges have been filed, no authorized committee of the official, and no political committee having the expectation of making expenditures in support of the recall of a state official may accept contributions from a county central committee or a legislative district committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed twenty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected.

(6) The contributions allowed by subsection (3) of this section are in addition to those allowed by subsection (2). The contributions allowed by subsection (5) of this section are in addition to those allowed by subsection (4).

Sec. 3. RCW 42.17.640 and 1993 c 2 s 4 (Initiative Measure No. 134) are each amended to read as follows:

(1) ((No person, other than a bona fide political party or a caucus of the state legislature, may make contributions to a candidate for a state legislative office that in the aggregate exceed five hundred dollars or to a candidate for a state office other than a state legislative office that in the aggregate exceed one thousand dollars for each election in which the candidate is on the ballot or appears as a write-in candidate. Contributions made with respect to a primary may not be made after the date of the primary. Contributions made with respect to a general election may not be made after the final day of the applicable election cycle.

(2) No person, other than a bona fide political party or a caucus of the state legislature, may make contributions to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the recall of the state official, during a recall campaign that in the aggregate exceed five hundred dollars if for a state legislative office or one thousand dollars if for a state office other than a state legislative office.

(3)(a) Notwithstanding subsection (1) of this section, no bona fide political party or caucus of the state legislature may make contributions to a candidate during an election cycle that in the aggregate exceed (i) fifty cents multiplied by the number of eligible registered voters in the jurisdiction from which the candidate is elected if the contributor is a caucus of the state legislature or the governing body of a state organization, or (ii) twenty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.

(b) No candidate may accept contributions from a county central committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed twenty-five cents times the number of registered voters in the jurisdiction from which the candidate is elected.

(4)(a) Notwithstanding subsection (2) of this section, no bona fide political party or caucus of the state legislature may make contributions to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the state official, during a recall campaign that in the aggregate exceed (i) fifty cents multiplied by the number of eligible registered voters in the jurisdiction entitled to recall the state official if the contributor is a caucus of the state legislature of the governing body of a state organization, or (ii) twenty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.

(b) No state official against whom recall charges have been filed, no authorized committee of the official, and no political committee having the expectation of making expenditures in support of the recall of a state official may accept contributions from a county central committee or a legislative district committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed twenty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected.

~~(5) Notwithstanding subsections (1) through (4) of this section, no person other than an individual, bona fide political party, or~~)) Notwithstanding sections 1 and 2 of this act, no caucus of the state legislature may ((~~make~~)) accept contributions reportable under this chapter ((~~to a~~)) from any person other than a bona fide political party or a caucus of the state legislature that in the aggregate exceed five hundred dollars in a calendar year ((~~or to a~~)). No bona fide political party may accept contributions reportable under this chapter from any person other than a bona fide political party or a caucus of the state legislature that in the aggregate exceed two thousand five hundred dollars in a calendar year. This subsection does not apply to loans made in the ordinary course of business.

((~~(6)~~)) (2) For the purposes of ((~~RCW 42.17.640 through 42.17.790~~)) this chapter, a contribution to the authorized political committee of a candidate, or of a state official against whom recall charges have been filed, is considered to be a contribution to the candidate or state official.

((~~(7)~~)) (3) A contribution received within the twelve-month period after a recall election concerning a state office is considered to be a contribution during that recall campaign if the contribution is used to pay a debt or obligation incurred to influence the outcome of that recall campaign.

(((8) The contributions allowed by subsection (2) of this section are in addition to those allowed by subsection (1) of this section, and the contributions allowed by subsection (4) of this section are in addition to those allowed by subsection (3) of this section.

~~(9) RCW 42.17.640 through 42.17.790 apply~~)) (4) This chapter applies to a special election conducted to fill a vacancy in a state office. However, the contributions made to a candidate or received by a candidate for a primary or special election conducted to fill such a vacancy shall not be counted toward any of the limitations that apply to the candidate or to contributions made to the candidate for any other primary or election.

((~~(10) Notwithstanding the other subsections of this section,~~)) (5) No candidate, state official against whom recall charges have been filed, or political committee having the expectation of making expenditures in support of the recall of the official may accept contributions reportable under this chapter from any corporation or business entity not doing business in Washington state, ((no)) labor union with fewer than ten members who reside in Washington state, ((~~and no~~)) or political committee that has not received contributions of ten dollars or more from at least ten persons registered to vote in Washington state during the preceding one hundred eighty days ((may make contributions reportable under this chapter to a candidate, to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the recall of the official)). This subsection does not apply to loans made in the ordinary course of business.

((~~(11) Notwithstanding the other subsections of this section, no county central committee or legislative district committee may make contributions reportable under this chapter to a~~)) (6) No candidate, state official against whom recall charges have been filed, or political committee having the expectation of making expenditures in support of the recall of a state official may accept contributions reportable under this chapter from a county central committee or legislative district committee if the county central committee or legislative district committee is outside ((of)) the jurisdiction entitled to elect the candidate or recall the state official.

((~~(12) No person may accept contributions that exceed the contribution limitations provided in this section.~~))

NEW SECTION. Sec. 4. A new section is added to chapter 42.17 RCW to read as follows:

Within thirty days after becoming a candidate or within three business days of filing for office, whichever is earlier, a candidate for state office shall sign and file with the commission a statement of acceptance or rejection of the voluntary expenditure limits in section 5 of this act. Within thirty days of receiving a contribution, making an expenditure, or reserving space or facilities in connection with a recall of a state official or within three business days of the certification of petitions for such a recall, whichever is earlier, a state official whose recall is demanded or a political committee having the expectation of making expenditures in support of a recall shall sign and file with the commission a statement of acceptance or rejection of the voluntary expenditure limits in section 5 of this act. The commission shall provide the form of the statement and agreement by rule. The commission shall index and make available for public inspection and copying a list of the statements of acceptance or rejection filed by candidates.

NEW SECTION. Sec. 5. A new section is added to chapter 42.17 RCW to read as follows:

(1) In accordance with section 6 of this act, the commission shall revise expenditure limits applicable in an election cycle for a candidate who files a statement of acceptance under section 4 of this act.

(2) The initial expenditure limits shall be as follows for the following offices and classes of offices:

(a) Governor: $2,000,000;

(b) All other state executive offices: $500,000;

(d) Court of appeals judge: $80,000;

(e) Superior court judge: $80,000;

(f) State senator: $80,000; and

(g) State representative: $50,000.

NEW SECTION. Sec. 6. A new section is added to chapter 42.17 RCW to read as follows:

The commission shall, by January 1, 1996, and by January 1st of each even-numbered year thereafter, adopt revisions in the existing limits. Revisions shall be for the purpose of recognizing (1) changes in the number of registered voters state-wide; and (2) economic changes as reflected by an inflationary index recommended by the office of financial management. The revisions shall be guided by the change in the index for the two-year period before the date the revision is to be adopted.

NEW SECTION. Sec. 7. A new section is added to chapter 42.17 RCW to read as follows:

It is a violation of this chapter to exceed an expenditure limit to which a candidate has agreed by filing a statement of acceptance under section 4 of this act. Payments of candidate filing fees, fees or assessments relating to the primary or general election candidates' pamphlet, or costs incurred in the course of defending against a challenge of a person's eligibility to become a candidate or a motion for injunction under section 8 of this act, do not constitute expenditures for the purpose of determining whether a candidate has exceeded an expenditure limit.

NEW SECTION. Sec. 8. A new section is added to chapter 42.17 RCW to read as follows:

One or more of the following civil remedies and sanctions may be imposed by court order for a violation of section 1, 2, 3, or 7 of this act in addition to other remedies provided by law:

(1) A candidate who violates section 1, 2, 3, or 7 of this act may be subject to a civil penalty of not more than ten thousand dollars. The penalty may not be paid from campaign funds, and no solicitations to political committees may be made in connection with the penalty.

(2) A candidate who violates section 1, 2, 3, or 7 of this act may be enjoined from making further expenditures in connection with that candidate's campaign.

(3) The court or the legislature, as applicable, shall presume that a material and substantial violation of section 1, 2, 3, or 7 of this act has affected the outcome of the election. Unless the presumption is defeated by clear, cogent, and convincing evidence, the court or the legislature, as applicable, shall declare the election void and order a special election to be held within sixty days of the finding. An action to void an election must be commenced within one year of the date of the election in question.

Sec. 9. RCW 29.80.010 and 1987 c 295 s 17 are each amended to read as follows:

(1) As soon as possible before each state general election at which federal or state officials are to be elected, the secretary of state shall publish and mail to each individual place of residence of the state a candidates' pamphlet containing photographs and campaign statements of eligible nominees who desire to participate therein, together with a campaign mailing address and telephone number submitted by the nominee at the nominee's option, and in even-numbered years containing a description of the office of precinct committee officer and its duties, in order that voters will understand that the office is a state office and will be found on the ballot of the forthcoming general election. In odd-numbered years no candidates' pamphlet may be published unless an election is to be held to fill a vacancy in one or more of the following state-wide elective offices: United States senator, governor, lieutenant governor, secretary of state, state treasurer, state auditor, attorney general, superintendent of public instruction, commissioner of public lands, insurance commissioner, or justice of the supreme court.

(2) For purposes of this chapter, a candidate is eligible to include a picture and a campaign statement in the candidates' pamphlet only if the candidate has filed a statement of acceptance of voluntary expenditure limits within the time limits set forth in section 4 of this act. The following information must be included in the pamphlet if a candidate does not file a statement of acceptance within the time limits set forth in section 4 of this act: "A statement by this candidate has not been included because the candidate has not agreed to comply with the voluntary campaign spending limits established by the state public disclosure commission. A candidate's statement is included in this pamphlet only if the candidate has agreed to comply with those spending limits."

NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.