AN
ACT Relating to special reporting of independent expenditures and contributions
occurring in close proximity to elections; amending RCW 42.17.105 and
42.17.175; adding a new section to chapter 42.17 RCW; and providing an
effective date.
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)
The sponsor of political advertising who, within twenty-one days of an
election, publishes, mails, or otherwise presents to the public political
advertising supporting or opposing a candidate or ballot proposition that
qualifies as an independent expenditure with a fair market value of one
thousand dollars or more shall deliver, either electronically or in written
form, a special report to the commission within twenty-four hours of, or on the
first working day after, the date the political advertising is first published,
mailed, or otherwise presented to the public.
(2)
If a sponsor is required to file a special report under this section, the
sponsor shall also deliver to the commission within the delivery period
established in subsection (1) of this section a special report for each
subsequent independent expenditure of any size supporting or opposing the same
candidate who was the subject of the previous independent expenditure,
supporting or opposing that candidate's opponent, or supporting or opposing the
same ballot proposition that was the subject of the previous independent
expenditure.
(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;
(c)
A detailed description of the expenditure;
(d)
The date the expenditure was made and the date the political advertising was
first published or otherwise presented to the public;
(e)
The amount of the expenditure;
(f)
The name of the candidate supported or opposed by the expenditure, the office
being sought by the candidate, 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; and
(g)
Any other information the commission may require by rule.
(4)
All persons required to report under RCW 42.17.080, 42.17.090, and 42.17.100
are subject to the requirements of this section. The commission may determine
that reports filed pursuant to this section also satisfy the requirements of
RCW 42.17.100.
(5)
The sponsor of independent expenditures supporting a candidate or opposing that
candidate's opponent required to report under 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, the candidate's authorized committee, or the candidate's agent,
or with the encouragement or approval of the candidate, the candidate's
authorized committee, or the candidate's agent.
Sec.
2. RCW
42.17.105 and 1995 c 397 s 4 are each amended to read as follows:
(1)
Campaign treasurers shall prepare and deliver to the commission a special
report regarding any contribution or aggregate of contributions which: ((Exceeds
five hundred)) Is one thousand dollars or more; is from a
single person or entity; and is received during a special reporting period.
Any
political committee making a contribution or an aggregate of contributions to a
single entity which ((exceeds five hundred)) is one thousand
dollars or more shall also prepare and deliver to the commission the
special report if the contribution or aggregate of contributions is made during
a special reporting period.
For
the purposes of subsections (1) through (7) of this section:
(a)
Each of the following intervals is a special reporting period: (i) The
interval beginning after the period covered by the last report required by RCW
42.17.080 and 42.17.090 to be filed before a primary and concluding on the end
of the day before that primary; and (ii) the interval composed of the
twenty-one days preceding a general election; and
(b)
An aggregate of contributions includes only those contributions received from a
single entity during any one special reporting period or made by the
contributing political committee to a single entity during any one special
reporting period.
(2)
If a campaign treasurer files a special report under this section for one or
more contributions received from a single entity during a special reporting
period, the treasurer shall also file a special report under this section for
each subsequent contribution of any size which is received from that entity
during the special reporting period. If a political committee files a special
report under this section for a contribution or contributions made to a single
entity during a special reporting period, the political committee shall also
file a special report for each subsequent contribution of any size which is
made to that entity during the special reporting period.
(3)
Except as provided in subsection (4) of this section, the special report
required by this section shall be delivered electronically or in written form,
including but not limited to mailgram, telegram, or nightletter. The special
report required of a contribution recipient by subsection (1) of this section
shall be delivered to the commission within forty-eight hours of the time, or
on the first working day after: The contribution ((exceeding five hundred))
of one thousand dollars or more is received by the candidate or
treasurer; the aggregate received by the candidate or treasurer first ((exceeds
five hundred)) equals one thousand dollars or more; or the
subsequent contribution that must be reported under subsection (2) of this
section is received by the candidate or treasurer. The special report required
of a contributor by subsection (1) of this section or RCW 42.17.175 shall be
delivered to the commission, and the candidate or political committee to whom
the contribution or contributions are made, within twenty-four hours of the
time, or on the first working day after: The contribution is made; the
aggregate of contributions made first ((exceeds five hundred)) equals
one thousand dollars or more; or the subsequent contribution that
must be reported under subsection (2) of this section is made.
(4)
The special report may be transmitted orally by telephone to the commission to
satisfy the delivery period required by subsection (3) of this section if the
written form of the report is also mailed to the commission and postmarked within
the delivery period established in subsection (3) of this section or the file
transfer date of the electronic filing is within the delivery period
established in subsection (3) of this section.
(5)
The special report shall include at least:
(a)
The amount of the contribution or contributions;
(b)
The date or dates of receipt;
(c)
The name and address of the donor;
(d)
The name and address of the recipient; and
(e)
Any other information the commission may by rule require.
(6)
Contributions reported under this section shall also be reported as required by
other provisions of this chapter.
(7)
The commission shall prepare daily a summary of the special reports made under
this section and RCW 42.17.175.
(8)
It is a violation of this chapter for any person to make, or for any candidate
or political committee to accept from any one person, contributions reportable
under RCW 42.17.090 in the aggregate exceeding fifty thousand dollars for any
campaign for state-wide office or exceeding five thousand dollars for any other
campaign subject to the provisions of this chapter within twenty-one days of a
general election. This subsection does not apply to contributions made by, or
accepted from, a bona fide political party as defined in this chapter, excluding
the county central committee or legislative district committee.
(9) Contributions governed by this section include, but are not
limited to, contributions made or received indirectly through a third party or
entity whether the contributions are or are not reported to the commission as
earmarked contributions under RCW 42.17.135.
Sec.
3. RCW
42.17.175 and 1991 c 157 s 2 are each amended to read as follows:
Any
lobbyist registered under RCW 42.17.150, any person who lobbies, and any
lobbyist's employer making a contribution or an aggregate of contributions to a
single entity that ((exceeds five hundred)) is one thousand
dollars or more during a special reporting period before a primary or
general election, as such period is specified in RCW 42.17.105(1), shall file
one or more special reports for the contribution or aggregate of contributions
and for subsequent contributions made during that period under the same
circumstances and to the same extent that a contributing political committee
must file such a report or reports under RCW 42.17.105. Such a special report
shall be filed in the same manner provided under RCW 42.17.105 for a special
report of a contributing political committee.
NEW SECTION. Sec. 4. This
act takes effect January 1, 2002.
