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ENGROSSED SUBSTITUTE HOUSE BILL 2435

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State of Washington 55th Legislature 1998 Regular Session

By House Committee on Government Administration (originally sponsored by Representatives Pennington, Appelwick, Constantine, Ogden, Cooper, Kessler, Gardner, Wolfe, Butler, Costa, Linville, D. Schmidt, Murray, Morris, Anderson and Gombosky; by request of Public Disclosure Commission)

Read first time 02/03/98. Referred to Committee on .

AN ACT Relating to reporting of independent campaign expenditures; and adding a new section 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:

(1) A person who, within twenty-one days before an election, makes independent expenditures totaling one thousand dollars or more to support a candidate or oppose the candidate's opponent, or to support or oppose a ballot proposition, shall file a special report of the independent expenditures with the commission within twenty-four hours or on the first working day after the political advertising paid for by the independent expenditures is published or otherwise presented to the public. The report must also be filed at the same time with the county elections officer of the county of residence for the candidate supported or opposed by the independent expenditure, in the case of an independent expenditure relating to a candidacy, or the county of residence of the person making the expenditure, in the case of an independent expenditure in support of or against a ballot proposition. A copy of the report must also be mailed on the same day that the report is filed to each candidate running for the office, in the case of an independent expenditure relating to a candidacy, or the political committee supporting and the political committee opposing the ballot proposition, in the case of an independent expenditure in support of or against a ballot proposition. The special report must be filed by facsimile or other electronic means, by guaranteed overnight delivery, or by personal delivery.

(2) If a person files a special report under this section he or she shall also file a special report under this section for each subsequent independent expenditure of any size supporting that candidate or opposing the candidate's opponent, or supporting or opposing the ballot proposition.

(3) The special report must include at least:

(a) The name and address of the person making the expenditure;

(b) The name and address of the person to whom the expenditure was made;

(d) The date the expenditure was made and the date the political advertising was first published or presented to the public;

(e) The amount of the expenditure;

(f) The name of the candidate supported or opposed by the expenditure, the office sought, and whether the expenditure supports or opposes the candidate; or the name of the ballot proposition supported or opposed by the expenditure and whether the expenditure supports or opposes the ballot proposition;

(g) A copy of the advertising if the expenditure is in the form of written political advertising, or a written transcript of the advertising if the expenditure is in the form of radio or television political advertising;

(h) If the expenditure is undertaken by a political committee, the names, business addresses, and employers of the principle officers and treasurer of the political committee, if the principle officers and treasurer are acting on behalf of their employers in making the independent expenditure, the name and address of the five persons making the largest contributions to the political committee, and a general description of the nature of interests represented by the political committee, and each of the five persons, if nonindividuals, making the largest contributions to the political committee; and

(i) Any other information the commission may require by rule.

(4) All persons reporting under RCW 42.17.080, 42.17.090, and 42.17.100 are subject to the requirements of this section.

(5) A person making independent expenditures supporting a candidate or opposing the candidate's opponent and reporting under RCW 42.17.080, 42.17.090, 42.17.100, or this section shall file with each required report an affidavit or declaration of the person responsible for making the independent expenditure that the expenditure was not made in cooperation, consultation, or concert with, or at the request or suggestion of the candidate or the candidate's agent, or with the encouragement or approval of the candidate or the candidate's agent.