BILL REQ. #: S-4739.1
State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 02/09/10.
AN ACT Relating to public funding for supreme court campaigns; amending RCW 42.17.390; reenacting and amending RCW 3.62.060; adding new sections to chapter 42.17 RCW; adding a new section to chapter 36.18 RCW; creating new sections; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
(2) Therefore, this act, the judicial election reform act,
introduces a voluntary pilot project to provide an alternative source
of financing candidates for the Washington supreme court who
demonstrate public support and voluntarily accept strict fundraising
and spending limits.
(3) The provisions of this act must be broadly interpreted to carry
out the purpose and intent of this act.
NEW SECTION. Sec. 2
(1) "Contested election" means an election in which there are two
or more candidates running for the same office whose names will appear
on the ballot.
(2) "Nonparticipating candidate" means a candidate for supreme
court justice who is on the ballot but has chosen not to apply for
public funds from the judicial election reform act fund or a candidate
who is on the ballot and has applied but has not been certified to
receive public funds from the judicial election reform act fund.
(3) "Publicly financed candidate" means a candidate who becomes
certified to receive public campaign funds under section 6 of this act.
(4) "Qualifying contribution" means a contribution in an amount of
at least ten dollars, but no more than twenty-five percent of the
maximum contribution limit allowed under RCW 42.17.645, made by a
registered voter of the state, and is received during the qualifying
period.
(5) "Qualifying period" means the period beginning February 1st of
the election year and ending one week after the close of the regular
filing period for the office.
(6) "Uncontested election" means an election in which a candidate
running for a specified office has no opponent on the ballot.
NEW SECTION. Sec. 3
(2) When the funds in the account have been fully distributed, the
commission and treasurer must cease making any public funds
disbursements under sections 12 and 13 of this act. No candidate may
receive any disbursement of funds beyond those authorized under
sections 12 and 13 of this act, nor may any candidate receive any
further disbursements of funds under sections 12 and 13 of this act
when the appropriation has been exhausted. The commission may adopt
rules to address distribution of remaining funds in the account for
pending requests.
NEW SECTION. Sec. 4
(1) Only accept contributions from individuals, and only as
qualifying contributions under section 5 of this act;
(2) During the qualifying period and solely for the purpose of
raising qualifying contributions, accept no more than two times the
contribution limit under RCW 42.17.645 of the candidate's personal
funds;
(3) Collect at least five hundred qualifying contributions that, in
the aggregate total at least twenty-five times the filing fee for the
office of supreme court justice in accordance with section 5 of this
act;
(4) File the required reports regarding qualifying and expenditures
to the commission;
(5) Expend only self-contributed funds or funds received from the
judicial election reform act fund after being certified as a publicly
funded candidate;
(6) Sign a joint statement with the treasurer of the publicly
financed candidate's authorized committee, under oath, promising to
comply with the provisions of this chapter; and
(7) Comply with the provisions of this chapter to the extent
required for publicly funded candidates as prescribed by the
commission.
NEW SECTION. Sec. 5
(1) File an application with the commission declaring his or her
intent to participate in the program as a candidate for the supreme
court. The application must be filed before or during the qualifying
period. In the application, the candidate must affirm that only one
political committee, identified with its treasurer, must handle all
contributions, expenditures, and obligations for the publicly financed
candidate and that the candidate will comply with the provisions set
forth in sections 1 through 21 of this act and rules adopted by the
commission; and
(2) Obtain at least five hundred qualifying contributions not
including self-contributed funds that, in the aggregate total at least
twenty-five times the filing fee for the office by the end of the
qualifying period. No payment, gift, or anything of value may be given
in exchange for a qualifying contribution. A qualifying contribution
must be:
(a) Made by a registered voter of the state;
(b) Made by a person who is not given anything of value in exchange
for the qualifying contribution;
(c) In an amount of at least ten dollars but not more than twenty-five percent of the contribution limit allowed under RCW 42.17.645;
(d) Received during the qualifying period by the candidate or on
behalf of the candidate; and
(e) Made by check, money order, or credit card.
NEW SECTION. Sec. 6
(a) Signed and filed an application to participate;
(b) Submitted a report itemizing the qualifying contributions
received. The report must include the name, home address, telephone
number, and county of residence for each person who made a contribution
and the date the contribution was received, and any other information
required by the commission;
(c) Submitted a check or money order equal to the total qualifying
contributions, less money expended for the purpose of raising
qualifying contributions received by the candidate in accordance with
section 7 of this act, made out to the judicial election reform act
fund; and
(d) Submitted affidavits signed by persons collecting qualifying
contributions stating that, to the best of his or her knowledge, the
contribution was made by a registered voter of the state.
(2) Once the requirements in subsection (1) of this section are
met, the commission must verify that pursuant to section 5 of this act,
a sufficient number of qualifying contributions were made by registered
voters of the state at the time the contribution was made.
(3) The commission must determine if a candidate meets the
requirements for public financing within seven calendar days of the
filing of an application. If the requirements of subsection (2) of
this section are met, the commission must certify the candidate for
public financing. If the commission denies certification, it must
provide written reasons why certification is denied. Any candidate who
is denied certification may reapply one time by submitting the required
information or the number of qualifying contributions needed to
complete the certification within fourteen calendar days of the date of
the commission's decision.
(4) A candidate who is certified as a publicly financed candidate
may use that designation in campaign materials and will be so
designated in the state voters' pamphlet.
NEW SECTION. Sec. 7
NEW SECTION. Sec. 8
NEW SECTION. Sec. 9
(2) Money in the account of a publicly financed candidate's
authorized committee may not be used to pay fines or civil penalties,
for costs or legal fees related to representation before the
commission, or for defense of an enforcement action under this chapter.
Nothing in this chapter prevents a publicly financed candidate from
having a legal defense fund.
NEW SECTION. Sec. 10
(2) Publicly financed candidates must return all unused funds, less
the candidate's own self-contributed funds, to the judicial election
reform act fund within thirty calendar days of the date they are no
longer a candidate.
NEW SECTION. Sec. 11
(2) A publicly financed candidate who revokes a decision to
participate in the public financing program after the time period
established in subsection (1) of this section must return all money
received from the judicial election reform act fund and pay a fine of
one thousand dollars per day for each day beyond the allowed revocation
period and the day the candidate revokes.
NEW SECTION. Sec. 12
(b) Within five business days after a publicly financed candidate's
name is approved to appear on the general election ballot, the
commission must authorize the state treasurer to distribute funds to
the account of the authorized committee of each certified publicly
financed candidate in an amount equal to one hundred twenty-five times
the filing fee for the office as established in RCW 29A.24.091.
(c) Participating candidates in uncontested elections must receive
four times the filing fee as established in RCW 29A.24.091, plus the
net amount of qualifying contributions previously remitted to the
commission pursuant to section 6(1)(c) of this act.
(2) A publicly financed candidate must return within ten calendar
days to the judicial election reform act fund any amount distributed,
less the candidate's own self-contributed funds, for an election that
is unspent and uncommitted as of the date the candidate ceases to be a
candidate or as of the date of the election, whichever occurs first.
(3) The commission must authorize and the state treasurer must
distribute funds to publicly financed candidates in a manner that
ensures accountability and safeguards the integrity of the fund.
NEW SECTION. Sec. 13
(a) A publicly financed candidate may receive rescue funds equal to
the difference between the total amount received by the
nonparticipating candidate, less the nonparticipating candidate's own
self-contributed funds, for each election and the amount received by
the publicly financed candidate for each election. If there are
multiple nonparticipating candidates who have raised more money than
the publicly financed candidate has received, the publicly financed
candidate is eligible for rescue funds based on the difference between
the total amount raised by the nonparticipating candidate who has
received the most money, less that nonparticipating candidate's own
self-contributed funds, and the amount received by the publicly
financed candidate.
(b) The total amount a publicly financed candidate may receive in
rescue funds is five hundred times the filing fee for the office. If
rescue funds are triggered under this section, up to seventy-five
percent of the funds are available to a publicly financed candidate for
the primary election. If a publicly financed candidate is opposed by
only one candidate, all of the authorized rescue funds may be used for
the primary. A publicly financed candidate may determine when to
access available rescue funds.
(2)(a) Independent expenditures and electioneering communications
opposing a publicly financed candidate or supporting one or more
nonparticipating opponents of a publicly financed candidate must be
considered as contributions to each opposing candidate and the
commission must authorize rescue funds pursuant to subsection (1) of
this section to the publicly financed candidate.
(b) Independent expenditures and electioneering communications
supporting a publicly financed candidate must be considered, for every
opposing publicly financed candidate, as though the independent
expenditures or electioneering communications were a contribution to a
nonparticipating opponent and the commission must authorize rescue
funds pursuant to subsection (1) of this section to each opposing
publicly financed candidate.
(c) For purposes of this section, expenditures made by a
nonparticipating candidate and independent expenditures and
electioneering communications are deemed to have been made the day the
independent expenditure or electioneering communication is contracted
for, agreed to, or otherwise obligated.
(3) For purposes of this section, a candidate's own self-contributed funds do not trigger rescue funds and may not be considered
in the calculation for rescue funds.
(4) If adequate funding is not available to fully equalize funding
for publicly financed candidates under this section, the commission may
authorize a lesser amount.
NEW SECTION. Sec. 14
(b) Any person making independent expenditures or electioneering
communications in excess of three thousand dollars in support of or
opposition to a publicly financed candidate, or in support of a
candidate opposing a publicly financed candidate, must file a report
with the commission within twenty-four hours of the date the
independent expenditure or electioneering communication is contracted
for, agreed to, or otherwise obligated. The report must include the
following information:
(i) The name and address of the sponsor;
(ii) The source of funds for the independent expenditure or
electioneering communication;
(iii) Any other source information required by the commission by
rule;
(iv) The name and address of the person to whom the independent
expenditure or electioneering communication expenditure was made;
(v) A detailed description of the expenditure;
(vi) The date the expenditure was contracted for, agreed to, or
otherwise obligated;
(vii) The amount of the expenditure; and
(viii) Any other information the commission may require.
(c) The commission may adopt rules implementing the provisions of
this section, including rules that determine (i) whether filing under
this section satisfies the filing requirements under other provisions
of this chapter, and (ii) when the reporting requirements of this
section are no longer warranted because a publicly financed candidate
has received the maximum amount of rescue funds permitted by this
section.
(2) Publicly financed candidates must report in accordance with
rules adopted by the commission. A publicly financed candidate who
revokes his or her participation in the program, who ceases to be a
candidate, or who loses an election must file a final report with the
commission and return any unspent disbursements received from the
judicial election reform act fund, less self-contributed funds. In
developing reporting requirements for publicly financed candidates, the
commission must use existing campaign reporting procedures when
determined practicable by the commission.
(3) Any person who fails to report a contribution or expenditure as
required by this section is subject to a civil penalty equal to the
contribution or expenditure not reported.
(4) The commission must ensure prompt public access to the reports
received under this section.
NEW SECTION. Sec. 15
NEW SECTION. Sec. 16
(1) Prescribe forms for reports, statements, notices, and other
documents as required by sections 1 through 21 of this act;
(2) Prepare and publish instructions to facilitate compliance with
sections 1 through 21 of this act and explaining the duties of persons
and committees under sections 1 through 21 of this act;
(3) Adopt rules to carry out the policies of sections 1 through 21
of this act. These rules are not subject to the time restrictions of
RCW 42.17.370(1); and
(4) Enforce the provisions of sections 1 through 21 of this act,
ensure that money transferred from the judicial election reform act
fund into the account of an authorized committee of a publicly financed
candidate is spent as specified, and monitor reports filed and
financial records of candidates as needed to ensure that rescue funds
are promptly authorized to opposing qualified candidates under section
13 of this act.
NEW SECTION. Sec. 17
(2) The following individuals may seek expedited administrative
review of commission decisions:
(a) Candidates and potential candidates whom the commission finds
ineligible to participate in the program;
(b) Publicly financed candidates who are denied rescue funds; and
(c) Opponents of a publicly financed candidate who disagree with a
decision by the commission to grant rescue funds to a publicly financed
candidate.
(3) In an expedited administrative review process, the commission
shall issue a final decision no more than five calendar days after
review is requested.
(4) The commission may adopt rules to implement this section.
(5) Any petition for judicial review of a final decision in an
expedited administrative review must be filed within five calendar days
of the final decision. In any judicial review, the court may not grant
a stay or temporary relief unless it finds the conditions specified in
RCW 34.05.550(3) (a), (b), and (c).
NEW SECTION. Sec. 18 The commission may not offer the program in
sections 1 through 17 of this act until one million dollars is in the
judicial election reform act fund.
NEW SECTION. Sec. 19 For the purpose of calculations required by
this act, personal funds contributed by a candidate to his or her own
campaign must be treated as having been expended prior to the
expenditure of any other funds.
NEW SECTION. Sec. 20 The commission may solicit and accept
gifts, grants, conveyances, bequests, and devises of real or personal
property, or both, in trust or otherwise, and sell, lease, exchange,
invest, or expend these donations or the proceeds, rents, profits, and
income from the donations except as limited by the donor's terms.
Moneys received under this section must be deposited into the judicial
election reform act fund established in section 3 of this act and may
only be used for the purposes of sections 1 through 18 of this act.
NEW SECTION. Sec. 21 The public disclosure commission must
report to the governor and to the appropriate committees of the
legislature in January of even-numbered years on the effectiveness of
the judicial election reform act once the program is offered.
Sec. 22 RCW 42.17.390 and 2006 c 315 s 2 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. 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 or her registration
may be revoked or suspended and he or she may be enjoined from
receiving compensation or making expenditures for lobbying((:
PROVIDED, HOWEVER, That)). However, 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 and 42.17.645 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 as
required by this chapter may be subject to a civil penalty equivalent
to the amount not reported as required.
(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.
(7)(a) The civil penalty for a violation of a contribution or
expenditure limit established under section 4 of this act by or on
behalf of a publicly financed candidate is ten times the amount by
which the expenditures or contributions exceed the applicable limit.
If the violation occurs within five days of an election, the civil
penalty is twenty times the amount by which the expenditures or
contributions exceed the applicable limit. A publicly financed
candidate found to have knowingly committed a violation of the
expenditure or contribution limits under section 4 of this act must pay
the applicable fines, surrender all money in the candidate's authorized
committee account, less self-contributed funds, to the judicial
election reform act fund, and will cease to be a publicly financed
candidate.
(b) In addition to any other penalties imposed by law, the civil
penalty for a violation by or on behalf of a publicly financed
candidate of a reporting requirement imposed by this chapter is one
hundred dollars per day. A civil penalty imposed under this subsection
(7)(b) may not exceed twice the amount of expenditures or contributions
not reported in a timely manner. The candidate and the candidate's
authorized committee are jointly and severally responsible for a civil
penalty imposed under this subsection.
(c) The civil penalty for a violation of the revocation requirement
imposed by section 11 of this act is one thousand dollars per day for
each day past the period allowed for a timely revocation.
(d) The civil penalty for a violation of the reporting provisions
in section 14 of this act is equal to the amount not reported, less
self-contributed funds.
(e) All civil penalties collected under this subsection must be
deposited into the judicial election reform act fund.
Sec. 23 RCW 3.62.060 and 2009 c 572 s 1 and 2009 c 372 s 1 are
each reenacted and amended to read as follows:
Clerks of the district courts shall collect the following fees for
their official services:
(1) In any civil action commenced before or transferred to a
district court, the plaintiff shall, at the time of such commencement
or transfer, pay to such court a filing fee of forty-three dollars plus
any surcharge authorized by RCW 7.75.035. Any party filing a
counterclaim, cross-claim, or third-party claim in such action shall
pay to the court a filing fee of forty-three dollars plus any surcharge
authorized by RCW 7.75.035. No party shall be compelled to pay to the
court any other fees or charges up to and including the rendition of
judgment in the action other than those listed.
(2) For issuing a writ of garnishment or other writ, or for filing
an attorney issued writ of garnishment, a fee of twelve dollars.
(3) For filing a supplemental proceeding a fee of twenty dollars.
(4) For demanding a jury in a civil case a fee of one hundred
twenty-five dollars to be paid by the person demanding a jury.
(5) For preparing a transcript of a judgment a fee of twenty
dollars.
(6) For certifying any document on file or of record in the clerk's
office a fee of five dollars.
(7) At the option of the district court:
(a) For preparing a certified copy of an instrument on file or of
record in the clerk's office, for the first page or portion of the
first page, a fee of five dollars, and for each additional page or
portion of a page, a fee of one dollar;
(b) For authenticating or exemplifying an instrument, a fee of two
dollars for each additional seal affixed;
(c) For preparing a copy of an instrument on file or of record in
the clerk's office without a seal, a fee of fifty cents per page;
(d) When copying a document without a seal or file that is in an
electronic format, a fee of twenty-five cents per page;
(e) For copies made on a compact disc, an additional fee of twenty
dollars for each compact disc.
(8) For preparing the record of a case for appeal to superior court
a fee of forty dollars including any costs of tape duplication as
governed by the rules of appeal for courts of limited jurisdiction
(RALJ).
(9) At the option of the district court, for clerk's services such
as processing ex parte orders, performing historical searches,
compiling statistical reports, and conducting exceptional record
searches, a fee not to exceed twenty dollars per hour or portion of an
hour.
(10) For duplication of part or all of the electronic recording of
a proceeding ten dollars per tape or other electronic storage medium.
(11) For filing any abstract of judgment or transcript of judgment
from a municipal court or municipal department of a district court
organized under the laws of this state a fee of forty-three dollars.
(12) At the option of the district court, a service fee of up to
three dollars for the first page and one dollar for each additional
page for receiving faxed documents, pursuant to Washington state rules
of court, general rule 17.
(13) Until July 1, 2011, in addition to the fees required by
subsection (1) of this section, clerks of the district courts shall
collect a surcharge of twenty dollars on all fees required by
subsection (1) of this section, which shall be remitted to the state
treasurer for deposit in the judicial stabilization trust account.
This surcharge is not subject to the division and remittance
requirements of RCW 3.62.020.
(14) Effective July 1, 2010, in addition to the fees required by
subsection (1) of this section, clerks of the district courts shall
collect a judicial integrity surcharge of three dollars on all fees
required by subsection (1) of this section, which must be remitted to
the state treasurer for deposit in the judicial election reform act
fund. This surcharge is not subject to the division and remittance
requirements of RCW 3.62.020.
The fees or charges imposed under this section ((shall be)) are
allowed as court costs whenever a judgment for costs is awarded.
NEW SECTION. Sec. 24 A new section is added to chapter 36.18 RCW
to read as follows:
Effective July 1, 2010, a three-dollar judicial integrity surcharge
shall be added to each of the fees in RCW 36.18.012, except for
subsection (10), RCW 36.18.016, and 36.18.020, and must be remitted to
the state treasurer for deposit in the judicial election reform act
fund. Surcharges collected under this section are not subject to the
division and remittance requirements of RCW 36.18.025 or 27.24.070.
NEW SECTION. Sec. 25 Sections 1 through 21 of this act may be
known and cited as the judicial election reform act.
NEW SECTION. Sec. 26 Sections 1 through 21 of this act are each
added to chapter
NEW SECTION. Sec. 27 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.