BILL REQ. #:  H-4966.1 

READ FIRST TIME 02/03/10.   

     AN ACT Relating to restricting mailings by local officials; and adding a new section to chapter 42.23 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 42.23 RCW to read as follows:
     (1) During the twelve-month period beginning on December 1st of the year before a general election for a local official's election to local or state office and continuing through November 30th immediately after the general election, the local official may not mail, either by regular mail or electronic mail, to a resident of the state of Washington at public expense a letter, newsletter, brochure, or other piece of literature, except as follows:
     (a) The local official may mail two mailings of newsletters to constituents who reside in the area directly represented by that official. All newsletters within each mailing of newsletters must be identical as to their content but not as to the constituent name or address. One such mailing may be mailed no later than February 15th. The other mailing may be mailed no later than April 15th.
     (b) The local official may mail an individual letter to (i) an individual constituent who has contacted the official regarding the subject matter of the letter during the official's current term of office; (ii) an individual constituent who holds a governmental office with jurisdiction over the subject matter of the letter; or (iii) an individual constituent who has received an award or honor of extraordinary distinction of a type that is sufficiently infrequent to be noteworthy to a reasonable person, including, but not limited to: (A) An international or national award such as the Nobel prize or the Pulitzer prize; (B) a state award such as Washington scholar; (C) an eagle scout award; and (D) a medal of honor.
     (c) In those cases where constituents have specifically indicated that they would like to be contacted to receive regular or periodic updates on legislative matters, local officials may provide such updates by electronic mail throughout the legislative session and up until thirty days from the conclusion of a legislative session.
     (2) For purposes of subsection (1) of this section, "local official" means a local government official who is a "candidate," as defined by RCW 42.17.020, for any public office.
     (3) Nothing in this section may be construed to: Restrict mailings or official notices that are required by law as part of the duties of a local official, including, but not limited to, tax notices or land hearing notices; or limit or otherwise modify communications between members of the judiciary and current or former jurors.