BILL REQ. #:  H-1409.1 

Read first time 02/11/2003.   Referred to Committee on State Government.

     AN ACT Relating to voiding an election; and amending RCW 42.17.390.

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

Sec. 1   RCW 42.17.390 and 1993 c 2 s 28 are each amended to read as follows:
     One or more of the following civil remedies and sanctions may be imposed by court order in addition to any other remedies provided by law:
     (1) If the court finds that the violation of any provision of this chapter by any candidate or political committee probably affected the outcome of any election, the result of said election may be held void and a special election held within sixty days of such finding. ((Any action to void an election shall be commenced within one year of the date of the election in question.)) In order for an election to be voided, the complaint that initiated an investigation conducted by or on behalf of the commission that formed the basis of the commission's findings must have been filed with the commission no more than six months after the date of the election in question. If the investigation conducted by or on behalf of the commission that formed the basis for the commission's findings was based upon the commission's own motion, rather than a complaint, the investigation must have been initiated no more than six months after the date of the election in question. It is intended that this remedy be imposed freely in all appropriate cases to protect the right of the electorate to an informed and knowledgeable vote.
     (2) If any lobbyist or sponsor of any grass roots lobbying campaign violates any of the provisions of this chapter, his registration may be revoked or suspended and he may be enjoined from receiving compensation or making expenditures for lobbying: PROVIDED, HOWEVER, That imposition of such sanction shall not excuse said lobbyist from filing statements and reports required by this chapter.
     (3) Any person who violates any of the provisions of this chapter may be subject to a civil penalty of not more than ten thousand dollars for each such violation. However, a person or entity who violates RCW 42.17.640 may be subject to a civil penalty of ten thousand dollars or three times the amount of the contribution illegally made or accepted, whichever is greater.
     (4) Any person who fails to file a properly completed statement or report within the time required by this chapter may be subject to a civil penalty of ten dollars per day for each day each such delinquency continues.
     (5) Any person who fails to report a contribution or expenditure may be subject to a civil penalty equivalent to the amount he failed to report.
     (6) The court may enjoin any person to prevent the doing of any act herein prohibited, or to compel the performance of any act required herein.