AN
ACT Relating to contributions made to a candidate who loses a primary; and
amending RCW 42.17.640.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
42.17.640 and 1995 c 397 s 20 are each amended to read as follows:
(1)
No person, other than a bona fide political party or a caucus political
committee, 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. However, contributions to a
candidate or a candidate's authorized committee may be made with respect to a
primary until thirty days after the primary, subject to the following
limitations: (a) The candidate lost the primary; (b) the candidate's
authorized committee has insufficient funds to pay debts outstanding as of the
date of the primary; and (c) the contributions may only be raised and spent to
satisfy the outstanding debt. 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 political
committee, 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 political committee 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 political committee 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 political committee 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 political committee 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 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 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)
For purposes of determining contribution limits under subsections (3) and (4)
of this section, the number of eligible registered voters in a jurisdiction is
the number at the time of the most recent general election in the jurisdiction.
(6)
Notwithstanding subsections (1) through (4) of this section, no person other
than an individual, bona fide political party, or caucus political committee
may make contributions reportable under this chapter to a caucus political
committee that in the aggregate exceed five hundred dollars in a calendar year
or to a bona fide political party 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.
(7)
For the purposes of RCW 42.17.640 through 42.17.790, 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.
(8)
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.
(9)
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.
(10)
RCW 42.17.640 through 42.17.790 apply 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.
(11)
Notwithstanding the other subsections of this section, no 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 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.
(12)
Notwithstanding the other subsections of this section, no county central
committee or legislative district committee may make contributions reportable
under this chapter to a 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 if the county central
committee or legislative district committee is outside of the jurisdiction
entitled to elect the candidate or recall the state official.
(13)
No person may accept contributions that exceed the contribution limitations
provided in this section.
(14)
The following contributions are exempt from the contribution limits of this
section:
(a)
An expenditure or contribution earmarked for voter registration, for absentee
ballot information, for precinct caucuses, for get-out-the-vote campaigns, for
precinct judges or inspectors, for sample ballots, or for ballot counting, all
without promotion of or political advertising for individual candidates; or
(b)
An expenditure by a political committee for its own internal organization or
fund raising without direct association with individual candidates.
