5576-S2

AN ACT Relating to fair campaign practices; amending RCW 42.17.130, 42.17.128, 29.85.060, 42.17.680, 29.15.020, 29.80.010, 29.80.020, 29.80.030, 29.80.040, 29.80.080, 43.07.310, 29.81A.010, 29.81.010, 29.80.090, and 42.17.132; adding a new section to chapter 42.17 RCW; adding a new section to chapter 29.80 RCW; creating a new section; repealing RCW 29.80.050 and 29.80.060; and providing an effective date.

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

USE OF PUBLIC RESOURCES

Sec. 1. RCW 42.17.130 and 1979 ex.s. c 265 s 2 are each amended to read as follows:

USE OF PUBLIC RESOURCES FOR LOCAL GOVERNMENT POLITICAL CAMPAIGNS. No elective local government official nor any employee of his or her office nor any person appointed to or employed by any local government public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Knowing acquiescence by a person with authority to direct, control, or influence the actions of the local government official or employee using public resources in violation of this section constitutes a violation of this section. Facilities of public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency((~~: PROVIDED, That~~)). The ((~~foregoing~~)) provisions of this section shall not apply to the following activities:

(1) Action taken at an open public meeting by members of an elected local government legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view;

(2) A statement by an elected local government official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry. For the purposes of this subsection, it is not a violation of this section for an elected local government official to respond to an inquiry regarding a ballot proposition, to make incidental remarks concerning a ballot proposition in an official communication, or otherwise comment on a ballot proposition without an actual, measurable expenditure of public funds. Measurable expenditure has the meaning adopted by rule under RCW 42.52.180;

(3) Activities which are part of the normal and regular conduct of the office or agency.

LOCAL CAMPAIGNS

Sec. 2. RCW 42.17.128 and 1993 c 2 s 24 are each amended to read as follows:

PUBLIC CAMPAIGN FINANCING. Public funds, whether derived through taxes, fees, penalties, or any other sources, shall not be used to finance political campaigns for state ((~~or local~~)) office.

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

LOCAL FAIR CAMPAIGN PRACTICES. Local agencies may enact provisions for the regulation of fair campaign practices for local elections, not prohibited by state law and rules adopted under this chapter.

FAIR CAMPAIGN

Sec. 4. RCW 29.85.060 and 1991 c 81 s 5 are each amended to read as follows:

HINDERING OR BRIBING VOTER. (1) Any person who uses menace, force, threat, or any unlawful means ((~~towards any voter to hinder or deter such a voter from voting~~)), or directly or indirectly offers any bribe, reward, or any thing of value ((~~to a voter~~)), to hinder or deter any voter from voting, or in exchange for the voter's vote for or against any person or ballot measure, or authorizes any person to do so, is guilty of a class C felony punishable under RCW 9A.20.021.

(2) In-kind services such as transportation or child care or other services intended to enable the voter to get to his or her polling place but not intended to influence the voter's vote may be provided and are not prohibited under this section.

Sec. 5. RCW 42.17.680 and 1993 c 2 s 8 are each amended to read as follows:

(1) No employer or labor organization may increase the salary of an officer or employee, or give an emolument to an officer, employee, or other person or entity, with the intention that the increase in salary, or the emolument, or a part of it, be contributed or spent to support or oppose a candidate, state official against whom recall charges have been filed, political party, or political committee.

(2) No employer or labor organization may discriminate against an officer or employee in the terms or conditions of employment for ((~~(a)~~)) the failure to contribute to((~~, (b)~~)) or the failure in any way to support or oppose((~~, or (c) in any way supporting or opposing~~)) a candidate, ballot proposition, political party, or political committee.

(3) No employer or other person or entity responsible for the disbursement of funds in payment of wages or salaries may withhold or divert a portion of an employee's wages or salaries for contributions to political committees or for use as political contributions except upon the written request of the employee. The request must be made on a form prescribed by the commission informing the employee of the prohibition against employer and labor organization discrimination described in subsection (2) of this section. The request is valid for no more than twelve months from the date it is made by the employee.

(4) Each person or entity who withholds contributions under subsection (3) of this section shall maintain open for public inspection for a period of no less than three years, during normal business hours, documents and books of accounts that shall include a copy of each employee's request, the amounts and dates funds were actually withheld, and the amounts and dates funds were transferred to a political committee. Copies of such information shall be delivered to the commission upon request.

VOTERS' AND CANDIDATES' PAMPHLET

Sec. 6. RCW 29.15.020 and 1990 c 59 s 81 are each amended to read as follows:

Except where otherwise provided by this title, declarations of candidacy for the following offices shall be filed during regular business hours with the filing officer no earlier than the ((~~fourth~~)) first Monday in ((~~July~~)) June and no later than the following Friday in the year in which the office is scheduled to be voted upon:

(1) Offices that are scheduled to be voted upon for full terms or both full terms and short terms at, or in conjunction with, a state general election; and

(2) Offices where a vacancy, other than a short term, exists that has not been filled by election and for which an election to fill the vacancy is required in conjunction with the next state general election.

This section supersedes all other statutes that provide for a different filing period for these offices.

Sec. 7. 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 primary and state general election ((~~at which federal or state officials are to be elected~~)) in an even-numbered year, 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 candidates or nominees who ((~~desire to participate therein~~)) submit a statement, or a statement and a photograph, together with a campaign mailing address and telephone number submitted by the candidate or nominee ((~~at the nominee's option, and~~)).

(2) In even-numbered years ((~~containing~~)) the state general election pamphlet must include 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~~)).

(3) In odd-numbered years ((~~no candidates'~~)) the secretary of state shall publish a candidates pamphlet ((~~may be published unless~~)) for the state primary and state general election only if 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.

Sec. 8. RCW 29.80.020 and 1984 c 54 s 2 are each amended to read as follows:

(1) At a time or times to be determined by the secretary of state, ((~~but in any event not later than forty-five days before the applicable state general election,~~)) each candidate or nominee for the office of president and vice-president, United States senator, United States representative, governor, lieutenant governor, secretary of state, state treasurer, state auditor, attorney general, superintendent of public instruction, commissioner of public lands, insurance commissioner, state senator, state representative, justice of the supreme court, judge of the court of appeals, or judge of the superior court may file with the secretary of state a written statement advocating his or her candidacy accompanied by the campaign mailing address and telephone number submitted by the candidate or nominee ((~~at the nominee's option~~)), and a photograph not more than five years old and of a size and quality that the secretary of state determines to be suitable for reproduction in the ((~~voters'~~)) pamphlet.

(2) The maximum number of words for the statements shall be determined according to the offices sought as follows: State representative, one hundred words; state senator, judge of the superior court, judge of the court of appeals, justice of the supreme court, and all state offices voted upon throughout the state, except that of governor, two hundred words; president and vice-president, United States senator, United States representative, and governor, three hundred words. ((~~No such statement or photograph may be printed in the candidates' pamphlet for any person who is the sole nominee for any nonpartisan or judicial office.~~))

Sec. 9. RCW 29.80.030 and 1979 ex.s. c 57 s 4 are each amended to read as follows:

(1) The secretary of state shall reject any statement offered for filing, ((~~which, in his~~)) that, in the secretary's opinion, contains any obscene, profane, libelous or defamatory matter, or any language or matter, the circulation of which through the mails is prohibited by congress. ((~~Nor shall any~~)) No candidate or nominee may submit a photograph showing the uniform or insignia of any organization ((~~which~~)) that advocates or teaches racial or religious intolerance.

(2) Within five days after ((~~such~~)) the rejection of a statement under this section, the person((s)) submitting ((~~such~~)) the statement for filing may appeal to ((a board of review, consisting of the superintendent of public instruction, attorney general and the lieutenant governor. The decision of such board shall be final upon the acceptance or rejection of the matter thus in controversy)) the secretary of state. The office of administrative hearings shall adjudicate the appeal under RCW 34.05.413 through 34.05.476.

Sec. 10. RCW 29.80.040 and 1984 c 54 s 3 are each amended to read as follows:

The candidates' or nominees' statements, photographs, and the addresses and telephone numbers submitted by them ((~~as set forth in RCW 29.80.010 and 29.80.020~~)) shall be published by the secretary of state as a ((~~candidates'~~)) pamphlet, the printing of which shall be completed as soon as possible before the state primary or state general election ((~~concerned~~)). The overall dimensions of the pamphlet shall be determined by the secretary of state as those which in the secretary's judgment best serve the voters, and whenever possible before the applicable state general election, the candidates' ((~~pamphlet~~)) statement and photograph shall be combined with the voters' pamphlet as a single publication.

NEW SECTION. Sec. 11. A new section is added to chapter 29.80 RCW to read as follows:

The secretary of state shall allocate space in the pamphlet to candidates or nominees according to the respective offices sought. Candidates or nominees will equally share prorated space based on the number of words allowed in the statement for that office under RCW 29.80.020.

Sec. 12. RCW 29.80.080 and 1981 c 243 s 1 are each amended to read as follows:

Before the applicable state primary and state general election, the secretary of state shall mail without charge taped transcripts of the ((~~candidates'~~)) pamphlet to any requesting blind person or organization representing the blind. Braille transcripts may also be mailed by the secretary of state to such persons or organizations. Availability of these transcripts shall be publicized by the secretary of state through public service announcements and other appropriate means.

Sec. 13. RCW 43.07.310 and 1992 c 163 s 2 are each amended to read as follows:

VOTERS' PAMPHLET‑-ELECTRONIC. The secretary of state, through the division of elections, is responsible for the following duties, as prescribed by Title 29 RCW:

(1) The filing, verification of signatures, and certification of state initiative, referendum, and recall petitions;

(2)(a) The production and distribution of a state voters' and candidates' pamphlet for the state primary and general election;

(b) In addition to the written pamphlet, the secretary of state may produce the state voters' and candidates' pamphlet in electronic format. If the secretary of state produces the pamphlet in video format, closed captioning shall be used;

(3) The examination, testing, and certification of voting equipment, voting devices, and vote-tallying systems;

(4) The administration, canvassing, and certification of the presidential primary, state primaries, and state general elections;

(5) The administration of motor voter and other voter registration and voter outreach programs;

(6) The training, testing, and certification of state and local elections personnel as established in RCW 29.60.030;

(7) The training of state and local party observers required by RCW 29.60.040;

(8) The conduct of postelection reviews as established in RCW 29.60.070; and

(9) Other duties that may be prescribed by the legislature.

Sec. 14. RCW 29.81A.010 and 1984 c 106 s 3 are each amended to read as follows:

At least ninety days before any primary or general election, or at least forty days before any special election held under RCW 29.13.010 or 29.13.020, the legislative authority of any county or first-class or code city may adopt an ordinance authorizing the publication, in printed or electronic format or both, and distribution of a local voters' pamphlet. The pamphlet shall provide information on all measures within that jurisdiction and may, if specified in the ordinance, include information on candidates within that jurisdiction. If both a county and a first-class or code city within that county authorize a local voters' pamphlet for the same election, the pamphlet shall be produced jointly by the county and the first-class or code city. If no agreement can be reached between the county and first-class or code city, the county and first-class or code city may each produce a pamphlet. Any ordinance adopted authorizing a local voters' pamphlet may be for a specific primary, special election, or general election or for any future primaries or elections. The format of any local voters' pamphlet shall, whenever applicable, comply with the provisions of chapters 29.80 and 29.81 RCW regarding the publication of the state candidates' and voters' pamphlets.

Sec. 15. RCW 29.81.010 and 1984 c 54 s 4 are each amended to read as follows:

IDENTIFICATION OF ADVOCATES. The voters' pamphlet shall contain as to each state measure to be voted upon, the following in the order set forth in this section:

(1) Upon the top portion of the first two opposing pages relating to the measure and not exceeding one-third of the total printing area shall appear:

(a) The legal identification of the measure by serial designation and number;

(b) The official ballot title of the measure;

(d) A brief statement explaining the effect of the proposed measure should it be approved into law;

(e) The total number of votes cast for and against the measure in both the state senate and house of representatives if the measure has been passed by the legislature;

(f) A heavy double ruled line across both pages to clearly set apart the above items from the remaining text.

(2) Upon the lower portion of the left page of the two facing pages shall appear an argument advocating the voters' approval of the measure together with any rebuttal statement of the opposing argument as provided in RCW 29.81.030, 29.81.040, or 29.81.050.

(3) Upon the lower portion of the right hand page of the two facing pages shall appear an argument advocating the voters' rejection of the measure together with any rebuttal statement of the opposing argument as provided in RCW 29.81.030, 29.81.040, or 29.81.050.

(4) Following each argument or rebuttal statement each member of the committee advocating for or against a measure shall be listed in bold face capital letters by name and address to the end that the public shall be fully apprised of the advocate's identity. Also, following each argument or rebuttal statement, the secretary of state shall list, at the option of the committee that submitted the argument or statement, a telephone number that citizens may call in order to obtain information on the ballot measure.

(5) At the conclusion of the pamphlet the full text of each of the measures shall appear. The text of the proposed constitutional amendments shall be set forth in the form provided for in RCW 29.81.080.

Sec. 16. RCW 29.80.090 and 1984 c 54 s 7 are each amended to read as follows:

PUBLIC DISCLOSURE COMMISSION SERVICES. In addition to other contents included in the candidates' pamphlet, the secretary of state shall prepare and include a section containing (1) a brief explanation of how voters may participate in the election campaign process; (2) the name, address, and telephone number of each political party that has one or more nominees listed in the candidates' pamphlet, but this information shall be included in the candidates' pamphlet only if and as filed with the secretary of state by the state committee of a major political party or the presiding officer of the convention of a minor political party; (3) the address and telephone number of the public disclosure commission established under RCW 42.17.350 and a description of the services available through the public disclosure commission; (4) a summary of the disclosure requirements that apply when contributions are made to candidates and political committees; and (5) an explanation of the federal income tax credits and deductions that are available to persons who make such contributions. Whenever the candidates' pamphlet is combined with the voters' pamphlet, the section shall be placed at or near the beginning of the combined publication.

NEW SECTION. Sec. 17. The following acts or parts of acts are each repealed:

(1) RCW 29.80.050 and 1971 ex.s c 145 s 3 & 1965 c 9 s 29.80.050; and

(2) RCW 29.80.060 and 1965 c 9 s 29.80.060.

NEWSLETTERS

Sec. 18. RCW 42.17.132 and 1993 c 2 s 25 are each amended to read as follows:

During the twelve-month period preceding the expiration of a state legislator's term in office, no incumbent to that office may mail to a constituent at public expense a letter, newsletter, brochure, or other piece of literature that is not in direct response to that constituent's request for a response or for information. However, one mailing mailed within thirty days after the start of a regular legislative session and one mailing mailed within sixty days after the end of a regular legislative session of identical newsletters to constituents are permitted. In addition, an incumbent legislator who is elected or reelected to either house of the legislature may send out one mailing after certification of the election results and before beginning the new term of office. A violation of this section constitutes use of the facilities of a public office for the purpose of assisting a campaign under RCW ((~~42.17.130~~)) 42.52.180.

The house of representatives and senate shall specifically limit expenditures per member for the total cost of mailings, including but not limited to production costs, printing costs, and postage.

MISCELLANEOUS

NEW SECTION. Sec. 19. CAPTIONS AND HEADINGS. Captions and headings as used in this act constitute no part of the law.

NEW SECTION. Sec. 20. This act shall take effect December 1, 1995.

NEW SECTION. Sec. 21. 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.