BILL REQ. #: S-1288.1
State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 02/12/09. Referred to Committee on Government Operations & Elections.
AN ACT Relating to use of public resources by office holders during campaigns; and amending RCW 42.52.180.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 42.52.180 and 1995 c 397 s 30 are each amended to read
as follows:
(1) No state officer or state employee may use or authorize the use
of facilities of an agency, directly or indirectly, for the purpose of
assisting a campaign for election of a person to an office or for the
promotion of or opposition to a ballot proposition. Knowing
acquiescence by a person with authority to direct, control, or
influence the actions of the state officer or state employee using
public resources in violation of this section constitutes a violation
of this section. Facilities of an agency include, but are not limited
to, use of stationery, postage, machines, and equipment, use of state
employees of the agency during working hours, vehicles, office space,
publications of the agency, and clientele lists of persons served by
the agency.
(2) This section shall not apply to the following activities:
(a) Action taken at an open public meeting by members of an elected
legislative body to express a collective decision, or to actually vote
upon a motion, proposal, resolution, order, or ordinance, or to support
or oppose a ballot proposition as long as (i) required notice of the
meeting includes the title and number of the ballot proposition, and
(ii) members of the legislative body or members of the public are
afforded an approximately equal opportunity for the expression of an
opposing view;
(b) A statement by an elected official in support of or in
opposition to any ballot proposition at an open press conference or in
response to a specific inquiry. For the purposes of this subsection,
it is not a violation of this section for an elected official to
respond to an inquiry regarding a ballot proposition, to make
incidental remarks concerning a ballot proposition in an official
communication, or otherwise comment on a ballot proposition without an
actual, measurable expenditure of public funds. The ethics boards
shall adopt by rule a definition of measurable expenditure;
(c) Activities that are part of the normal and regular conduct of
the office or agency, regardless of whether or not an office holder is
running for election or reelection to office. The timing of pending
elections or campaigns shall not operate to prohibit legislators from
producing materials, utilizing staff and other state resources,
attending functions, maintaining web sites, or engaging in all other
legislative activities properly associated with their office; ((and))
(d) De minimis use of public facilities by statewide elected
officials and legislators incidental to the preparation or delivery of
permissible communications, including written and verbal communications
initiated by them of their views on ballot propositions that
foreseeably may affect a matter that falls within their constitutional
or statutory responsibilities; and
(e) Newsletters are a vital means of communication between
legislators and their constituents, and open communication from a
legislator to those he or she serves is imperative to representative
democracy. As a result, members have complete discretionary control,
subject only to budget limitations, as to the content, text, language,
and format of newsletters. In no case shall any newsletter content be
considered campaign activity for purposes of this chapter.
(3) As to state officers and employees, this section operates to
the exclusion of RCW 42.17.130.