BILL REQ. #: S-2963.1
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 04/16/09. Referred to Committee on Government Operations & Elections.
AN ACT Relating to public financing of campaigns; amending RCW 42.17.390, 42.17.020, 42.17.095, 42.52.180, 42.17.128, and 42.17.130; adding new sections to chapter 42.17 RCW; creating new sections; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The purpose of this act is to create a
system of clean elections for state office campaigns through public
financing, thereby focusing campaigns on issues and away from the
sources of campaign contributions. Public financing of campaigns will
limit the influence of large contributors and special interests in
political campaigns.
NEW SECTION. Sec. 2
NEW SECTION. Sec. 3
(1) Not accept contributions from a political committee, a bona
fide political party, a caucus political committee, a union, a
corporation, or any other group or entity;
(2) Not expend more than a total of five hundred dollars of the
candidate's personal money for a candidate for the legislature or more
than one thousand dollars for a candidate for statewide office and only
during the qualifying period;
(3) Receive and expend seed money according to the provisions of
section 6 of this act;
(4) Collect the minimum number of qualifying contributions under
section 4 of this act;
(5) Expend only funds received from the citizens public campaign
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 requirements 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. 4
(1) File an application with the commission declaring his or her
intent to participate in the program as candidate for political office.
The application must be filed before or during the qualifying period.
The application must identify the candidate, the office that the
candidate plans to seek, and the candidate's party, if any. In the
application, the candidate shall affirm that only one political
committee, identified with its treasurer, shall handle all
contributions, expenditures, and obligations for the publicly financed
candidate and that the candidate will comply with the requirements of
this act and rules adopted by the commission; and
(2) Obtain the minimum number of qualifying contributions by the
end of the qualifying period. Candidates for the legislature must
obtain at least two hundred qualifying contributions, candidates for
governor must obtain at least four thousand qualifying contributions,
and candidates for other state executive offices must obtain at least
one thousand five hundred qualifying contributions. No payment, gift,
or anything of value may be given for a qualifying contribution. A
qualifying contribution must be:
(a) Made by a resident who at the time of the contribution resides
in the electoral district of the office the candidate is seeking;
(b) Made by a person who is not given anything of value in exchange
for the qualifying contribution;
(c) In the sum of five dollars, exactly;
(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. 5
(a) Signed and filed an application to participate;
(b) Submitted a report itemizing the qualifying contributions
received. The report must include the name, address, telephone number,
and county of residence for each person who made a contribution and the
date the contribution was made, and any other information required by
the commission;
(c) Submitted a check or money order equal to the total qualifying
contributions received by the candidate and made out to the citizens
public campaign 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 resident in the electoral district of the
office the participating candidate is seeking.
(2) Once the requirements of subsection (1) of this section are
met, the commission must verify that a sample of the contributors were
residing in the electoral district of the office the participating
candidate is seeking.
(3) 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 within fourteen days of the commission's decision by
submitting the required information or the number of qualifying
contributions needed to complete the certification.
(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. 6
NEW SECTION. Sec. 7
(2) A publicly financed candidate and the treasurer of the publicly
financed candidate's authorized committee shall pay money from the
publicly financed candidate's campaign account directly to any person
providing goods or services valued over one hundred dollars to the
campaign and shall identify, on reports filed under RCW 42.17.080, the
full name and street address of the person and the nature of the goods
and services and compensation for which payment has been made. An
authorized committee may establish one or more petty cash accounts,
that in aggregate must not exceed one thousand dollars at any time. A
single expenditure may not be made from a petty cash account exceeding
one hundred dollars. Expenditures from any petty cash account must
also be included in reports filed under RCW 42.17.080.
NEW SECTION. Sec. 8
NEW SECTION. Sec. 9
NEW SECTION. Sec. 10
(a) For state legislative offices, twenty-five thousand dollars;
(b) For the office of governor, five hundred thousand dollars; and
(c) For other state executive offices, fifty thousand dollars.
(2) Within five business days after a publicly financed candidate's
name is approved to appear on the general election ballot in a
contested election, the commission shall distribute to the account of
the authorized committee of each candidate who qualifies for public
campaign funding revenue from the citizens public campaign fund as
follows:
(a) For state legislative offices, thirty thousand dollars;
(b) For the office of governor, seven hundred fifty thousand
dollars; and
(c) For other state executive offices, sixty thousand dollars.
(3) Publicly financed candidates who are uncontested shall receive
funds equal to the amount of qualifying contributions raised by that
candidate's committee.
(4) Within ten days of election certification, a publicly financed
candidate shall return to the citizens public campaign fund any amount
distributed for an election that is unspent and uncommitted at the date
of the election, or at the time the individual ceased to be a
candidate.
(5) The commission shall distribute funds to publicly financed
candidates in a manner that ensures accountability and safeguards the
integrity of the fund.
NEW SECTION. Sec. 11
(2)(a) Independent expenditures and electioneering communications
made against a publicly financed candidate shall be considered as
contributions to each opposing candidate and the commission shall
provide funds pursuant to subsection (1) of this section to the
publicly financed candidate.
(b) Independent expenditures and electioneering communications made
in favor of one or more nonparticipating opponents of a publicly
financed candidate shall be treated as contributions to those
nonparticipating candidates and the commission shall provide funds
pursuant to subsection (1) of this section to the publicly financed
candidate.
(c) Independent expenditures and electioneering communications made
in favor of a publicly financed candidate shall 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 shall provide funds
pursuant to subsection (1) of this section to the publicly financed
candidate being opposed.
(d) Expenditures or electioneering communications made by a
nonparticipating candidate before the primary or general election
period that consist of a contract, promise, or agreement to make an
expenditure during that primary or general election period resulting in
an extension of credit shall be considered as though made during the
primary or general election period respectively, and the commission
shall provide funds pursuant to subsection (1) of this section.
(e) Expenditures or electioneering communications for or against a
publicly financed candidate promoting or opposing two or more
candidates who are not running for the same office shall be allocated
by the commission among candidates for different offices based on the
relative size or length and relative prominence of the reference to
candidates for different offices.
(f) For purposes of this section, expenditures made by a
nonparticipating candidate and independent expenditures and
electioneering communications are deemed to have been made on the day
the expenditure, independent expenditure, or electioneering
communication appears and not the day it is paid.
(3) If adequate funding is not available to fully equalize the
total amount raised by a nonparticipating candidate, the commission may
authorize a lesser amount based on available funding.
NEW SECTION. Sec. 12
(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, shall report the
total funds received, spent, or obligated for those expenditures to the
commission electronically within twenty-four hours after the total
amount of expenditures or obligations made, or funds raised or
borrowed, for the purpose of making the independent expenditures or
electioneering communications, exceeds the amount authorized for the
publicly financed candidate under section 10 of this act.
(c) Once a nonparticipating candidate or person making an
independent expenditure or electioneering communication files the
reports required under (a) and (b) of this subsection, he or she shall
comply with an expedited reporting schedule by filing additional
reports after receiving each additional amount in excess of one
thousand dollars or after making or obligating to make each additional
expenditure or expenditures in excess of one thousand dollars.
(d) The commission shall adopt, in rule, procedures for the
reporting requirements of this subsection.
(2) Publicly financed candidates shall report in accordance with
procedures developed 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 shall file a final report with
the commission and return any unspent revenues received from the
citizens public campaign fund. In developing reporting procedures for
publicly financed candidates, the commission shall use existing
campaign reporting procedures when practical.
(3) The commission shall ensure prompt public access to the reports
received under this section.
NEW SECTION. Sec. 13
NEW SECTION. Sec. 14
(2) At the end of the general election period, a publicly funded
candidate shall return to the citizens public campaign fund all money
in the account of the candidate's authorized committee above an amount
sufficient to pay any unpaid bills for expenditures made before the
general election period and for goods and services directed to the
general election.
(3) At the end of the general election period, a successful
publicly funded candidate may hold in surplus up to five hundred
dollars for the following purposes:
(a) Nonreimbursed public office-related expenses held in a separate
account. Dispositions must be reported in accordance with RCW
42.17.090. The separate account required under this subsection may not
be used for deposits of campaign funds that are not surplus; and
(b) A future election campaign for the same office last sought by
the candidate. Dispositions must be reported in accordance with RCW
42.17.090. If the candidate subsequently announces or publicly files
for office, information as appropriate must be reported to the
commission in accordance with RCW 42.17.040 through 42.17.090. If a
subsequent office is not sought the surplus held must be returned to
the citizens public campaign fund.
(4) A publicly financed candidate shall pay all uncontested and
unpaid bills referred to in this section no later than thirty days
after the primary or general election. A publicly financed candidate
shall make monthly reports to the commission concerning the status of
the dispute over any contested bills. Any money in a candidate's
campaign account after payment of bills must be returned promptly to
the citizens public campaign fund.
NEW SECTION. Sec. 15
(2) Based on the results of the elections in the year 2008 or any
presidential election thereafter, and within six months after the
election, the commission may adopt rules reallocating funds available
to all candidates between the primary and general election by selecting
a fraction for primary election matching limits that is between one-third and one-half of the matching limits for the election cycle. For
each office, the primary election matching limit will be modified to be
the sum of the primary and general elections matching limits multiplied
by the selected fraction, and the general election matching limit will
be modified to be the same sum.
Sec. 16 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 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 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 3 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 3 of this act shall
pay the applicable fines, turn over all money in the candidate's
authorized committee account to the citizens public campaign 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) All civil penalties collected under this subsection will be
deposited into the citizens public campaign fund.
Sec. 17 RCW 42.17.020 and 2008 c 6 s 201 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Actual malice" means to act with knowledge of falsity or with
reckless disregard as to truth or falsity.
(2) "Agency" includes all state agencies and all local agencies.
"State agency" includes every state office, department, division,
bureau, board, commission, or other state agency. "Local agency"
includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office,
department, division, bureau, board, commission, or agency thereof, or
other local public agency.
(3) "Authorized committee" means the political committee authorized
by a candidate, or by the public official against whom recall charges
have been filed, to accept contributions or make expenditures on behalf
of the candidate or public official.
(4) "Ballot proposition" means any "measure" as defined by RCW
29A.04.091, or any initiative, recall, or referendum proposition
proposed to be submitted to the voters of the state or any municipal
corporation, political subdivision, or other voting constituency from
and after the time when the proposition has been initially filed with
the appropriate election officer of that constituency prior to its
circulation for signatures.
(5) "Benefit" means a commercial, proprietary, financial, economic,
or monetary advantage, or the avoidance of a commercial, proprietary,
financial, economic, or monetary disadvantage.
(6) "Bona fide political party" means:
(a) An organization that has filed a valid certificate of
nomination with the secretary of state under chapter 29A.20 RCW;
(b) The governing body of the state organization of a major
political party, as defined in RCW 29A.04.086, that is the body
authorized by the charter or bylaws of the party to exercise authority
on behalf of the state party; or
(c) The county central committee or legislative district committee
of a major political party. There may be only one legislative district
committee for each party in each legislative district.
(7) (("Depository" means a bank designated by a candidate or
political committee pursuant to RCW 42.17.050.)) "Candidate" means any individual who seeks nomination for
election or election to public office. An individual seeks nomination
or election when he or she first:
(8) "Treasurer" and "deputy treasurer" mean the individuals
appointed by a candidate or political committee, pursuant to RCW
42.17.050, to perform the duties specified in that section.
(9)
(a) Receives contributions or makes expenditures or reserves space
or facilities with intent to promote his or her candidacy for office;
(b) Announces publicly or files for office;
(c) Purchases commercial advertising space or broadcast time to
promote his or her candidacy; or
(d) Gives his or her consent to another person to take on behalf of
the individual any of the actions in (a) or (c) of this subsection.
(((10))) (8) "Caucus political committee" means a political
committee organized and maintained by the members of a major political
party in the state senate or state house of representatives.
(((11))) (9) "Commercial advertiser" means any person who sells the
service of communicating messages or producing printed material for
broadcast or distribution to the general public or segments of the
general public whether through the use of newspapers, magazines,
television and radio stations, billboard companies, direct mail
advertising companies, printing companies, or otherwise.
(((12))) (10) "Commission" means the agency established under RCW
42.17.350.
(((13))) (11) "Compensation" unless the context requires a narrower
meaning, includes payment in any form for real or personal property or
services of any kind: PROVIDED, That for the purpose of compliance
with RCW 42.17.241, the term "compensation" shall not include per diem
allowances or other payments made by a governmental entity to reimburse
a public official for expenses incurred while the official is engaged
in the official business of the governmental entity.
(((14))) (12) "Contested election" means an election in which there
are two or more candidates running for the same office.
(13) "Continuing political committee" means a political committee
that is an organization of continuing existence not established in
anticipation of any particular election campaign.
(((15))) (14)(a) "Contribution" includes:
(i) A loan, gift, deposit, subscription, forgiveness of
indebtedness, donation, advance, pledge, payment, transfer of funds
between political committees, or anything of value, including personal
and professional services for less than full consideration;
(ii) An expenditure made by a person in cooperation, consultation,
or concert with, or at the request or suggestion of, a candidate, a
political committee, the person or persons named on the candidate's or
committee's registration form who direct expenditures on behalf of the
candidate or committee, or their agents;
(iii) The financing by a person of the dissemination, distribution,
or republication, in whole or in part, of broadcast, written, graphic,
or other form of political advertising or electioneering communication
prepared by a candidate, a political committee, or its authorized
agent;
(iv) Sums paid for tickets to fund-raising events such as dinners
and parties, except for the actual cost of the consumables furnished at
the event.
(b) "Contribution" does not include:
(i) Standard interest on money deposited in a political committee's
account;
(ii) Ordinary home hospitality;
(iii) A contribution received by a candidate or political committee
that is returned to the contributor within five business days of the
date on which it is received by the candidate or political committee;
(iv) A news item, feature, commentary, or editorial in a regularly
scheduled news medium that is of primary interest to the general
public, that is in a news medium controlled by a person whose business
is that news medium, and that is not controlled by a candidate or a
political committee;
(v) An internal political communication primarily limited to the
members of or contributors to a political party organization or
political committee, or to the officers, management staff, or
stockholders of a corporation or similar enterprise, or to the members
of a labor organization or other membership organization;
(vi) The rendering of personal services of the sort commonly
performed by volunteer campaign workers, or incidental expenses
personally incurred by volunteer campaign workers not in excess of
fifty dollars personally paid for by the worker. "Volunteer services,"
for the purposes of this section, means services or labor for which the
individual is not compensated by any person;
(vii) Messages in the form of reader boards, banners, or yard or
window signs displayed on a person's own property or property occupied
by a person. However, a facility used for such political advertising
for which a rental charge is normally made must be reported as an in-kind contribution and counts towards any applicable contribution limit
of the person providing the facility;
(viii) Legal or accounting services rendered to or on behalf of:
(A) A political party or caucus political committee if the person
paying for the services is the regular employer of the person rendering
such services; or
(B) A candidate or an authorized committee if the person paying for
the services is the regular employer of the individual rendering the
services and if the services are solely for the purpose of ensuring
compliance with state election or public disclosure laws; or
(ix) The performance of ministerial functions by a person on behalf
of two or more candidates or political committees either as volunteer
services defined in (b)(vi) of this subsection or for payment by the
candidate or political committee for whom the services are performed as
long as:
(A) The person performs solely ministerial functions;
(B) A person who is paid by two or more candidates or political
committees is identified by the candidates and political committees on
whose behalf services are performed as part of their respective
statements of organization under RCW 42.17.040; and
(C) The person does not disclose, except as required by law, any
information regarding a candidate's or committee's plans, projects,
activities, or needs, or regarding a candidate's or committee's
contributions or expenditures that is not already publicly available
from campaign reports filed with the commission, or otherwise engage in
activity that constitutes a contribution under (a)(ii) of this
subsection.
A person who performs ministerial functions under this subsection
(((15))) (14)(b)(ix) is not considered an agent of the candidate or
committee as long as he or she has no authority to authorize
expenditures or make decisions on behalf of the candidate or committee.
(c) Contributions other than money or its equivalent are deemed to
have a monetary value equivalent to the fair market value of the
contribution. Services or property or rights furnished at less than
their fair market value for the purpose of assisting any candidate or
political committee are deemed a contribution. Such a contribution
must be reported as an in-kind contribution at its fair market value
and counts towards any applicable contribution limit of the provider.
(15) "Depository" means a bank designated by a candidate or
political committee under RCW 42.17.050.
(16) "Elected official" means any person elected at a general or
special election to any public office, and any person appointed to fill
a vacancy in any such office.
(17) "Election" includes any primary, general, or special election
for public office and any election in which a ballot proposition is
submitted to the voters: PROVIDED, That an election in which the
qualifications for voting include other than those requirements set
forth in Article VI, section 1 (Amendment 63) of the Constitution of
the state of Washington shall not be considered an election for
purposes of this chapter.
(18) "Election campaign" means any campaign in support of or in
opposition to a candidate for election to public office and any
campaign in support of, or in opposition to, a ballot proposition.
(19) "Election cycle" means the period beginning on the first day
of January after the date of the last previous general election for the
office that the candidate seeks and ending on December 31st after the
next election for the office. In the case of a special election to
fill a vacancy in an office, "election cycle" means the period
beginning on the day the vacancy occurs and ending on December 31st
after the special election.
(20) "Electioneering communication" means any broadcast, cable, or
satellite television or radio transmission, United States postal
service mailing, billboard, newspaper, or periodical that:
(a) Clearly identifies a candidate for a state, local, or judicial
office either by specifically naming the candidate, or identifying the
candidate without using the candidate's name;
(b) Is broadcast, transmitted, mailed, erected, distributed, or
otherwise published within sixty days before any election for that
office in the jurisdiction in which the candidate is seeking election;
and
(c) Either alone, or in combination with one or more communications
identifying the candidate by the same sponsor during the sixty days
before an election, has a fair market value of five thousand dollars or
more.
(21) "Electioneering communication" does not include:
(a) Usual and customary advertising of a business owned by a
candidate, even if the candidate is mentioned in the advertising when
the candidate has been regularly mentioned in that advertising
appearing at least twelve months preceding his or her becoming a
candidate;
(b) Advertising for candidate debates or forums when the
advertising is paid for by or on behalf of the debate or forum sponsor,
so long as two or more candidates for the same position have been
invited to participate in the debate or forum;
(c) A news item, feature, commentary, or editorial in a regularly
scheduled news medium that is:
(i) Of primary interest to the general public;
(ii) In a news medium controlled by a person whose business is that
news medium; and
(iii) Not a medium controlled by a candidate or a political
committee;
(d) Slate cards and sample ballots;
(e) Advertising for books, films, dissertations, or similar works
(i) written by a candidate when the candidate entered into a contract
for such publications or media at least twelve months before becoming
a candidate, or (ii) written about a candidate;
(f) Public service announcements;
(g) A mailed internal political communication primarily limited to
the members of or contributors to a political party organization or
political committee, or to the officers, management staff, or
stockholders of a corporation or similar enterprise, or to the members
of a labor organization or other membership organization;
(h) An expenditure by or contribution to the authorized committee
of a candidate for state, local, or judicial office; or
(i) Any other communication exempted by the commission through rule
consistent with the intent of this chapter.
(22) "Expenditure" includes a payment, contribution, subscription,
distribution, loan, advance, deposit, or gift of money or anything of
value, and includes a contract, promise, or agreement, whether or not
legally enforceable, to make an expenditure. The term "expenditure"
also includes a promise to pay, a payment, or a transfer of anything of
value in exchange for goods, services, property, facilities, or
anything of value for the purpose of assisting, benefiting, or honoring
any public official or candidate, or assisting in furthering or
opposing any election campaign. For the purposes of this chapter,
agreements to make expenditures, contracts, and promises to pay may be
reported as estimated obligations until actual payment is made. The
term "expenditure" shall not include the partial or complete repayment
by a candidate or political committee of the principal of a loan, the
receipt of which loan has been properly reported.
(23) "Exploratory period" means the period beginning the day after
the previous general election for the office being sought and ending
the day before the start of the qualifying period for that office.
(24) "Final report" means the report described as a final report in
RCW 42.17.080(2).
(((24))) (25) "General election" for the purposes of RCW 42.17.640
means the election that results in the election of a person to a state
office. It does not include a primary.
(((25))) (26) "General election period" means the period beginning
on the day after the primary election and ending the day of the general
election. For a recall election, the "general election period" extends
from the day after the end of the qualifying period to the day of the
recall election.
(27) "Gift," is as defined in RCW 42.52.010.
(((26))) (28) "Immediate family" includes the spouse or domestic
partner, dependent children, and other dependent relatives, if living
in the household. For the purposes of RCW 42.17.640 through 42.17.790,
"immediate family" means an individual's spouse or domestic partner,
and child, stepchild, grandchild, parent, stepparent, grandparent,
brother, half brother, sister, or half sister of the individual and the
spouse or the domestic partner of any such person and a child,
stepchild, grandchild, parent, stepparent, grandparent, brother, half
brother, sister, or half sister of the individual's spouse or domestic
partner and the spouse or the domestic partner of any such person.
(((27))) (29) "Incumbent" means a person who is in present
possession of an elected office.
(((28))) (30) "Independent expenditure" means an expenditure that
has each of the following elements:
(a) It is made in support of or in opposition to a candidate for
office by a person who is not (i) a candidate for that office, (ii) an
authorized committee of that candidate for that office, (iii) a person
who has received the candidate's encouragement or approval to make the
expenditure, if the expenditure pays in whole or in part for political
advertising supporting that candidate or promoting the defeat of any
other candidate or candidates for that office, or (iv) a person with
whom the candidate has collaborated for the purpose of making the
expenditure, if the expenditure pays in whole or in part for political
advertising supporting that candidate or promoting the defeat of any
other candidate or candidates for that office;
(b) The expenditure pays in whole or in part for political
advertising that either specifically names the candidate supported or
opposed, or clearly and beyond any doubt identifies the candidate
without using the candidate's name; and
(c) The expenditure, alone or in conjunction with another
expenditure or other expenditures of the same person in support of or
opposition to that candidate, has a value of five hundred dollars or
more. A series of expenditures, each of which is under five hundred
dollars, constitutes one independent expenditure if their cumulative
value is five hundred dollars or more.
(((29))) (31)(a) "Intermediary" means an individual who transmits
a contribution to a candidate or committee from another person unless
the contribution is from the individual's employer, immediate family as
defined for purposes of RCW 42.17.640 through 42.17.790, or an
association to which the individual belongs.
(b) A treasurer or a candidate is not an intermediary for purposes
of the committee that the treasurer or candidate serves.
(c) A professional fund-raiser is not an intermediary if the fund-raiser is compensated for fund-raising services at the usual and
customary rate.
(d) A volunteer hosting a fund-raising event at the individual's
home is not an intermediary for purposes of that event.
(((30))) (32) "Legislation" means bills, resolutions, motions,
amendments, nominations, and other matters pending or proposed in
either house of the state legislature, and includes any other matter
that may be the subject of action by either house or any committee of
the legislature and all bills and resolutions that, having passed both
houses, are pending approval by the governor.
(((31))) (33) "Lobby" and "lobbying" each mean attempting to
influence the passage or defeat of any legislation by the legislature
of the state of Washington, or the adoption or rejection of any rule,
standard, rate, or other legislative enactment of any state agency
under the state Administrative Procedure Act, chapter 34.05 RCW.
Neither "lobby" nor "lobbying" includes an association's or other
organization's act of communicating with the members of that
association or organization.
(((32))) (34) "Lobbyist" includes any person who lobbies either in
his or her own or another's behalf.
(((33))) (35) "Lobbyist's employer" means the person or persons by
whom a lobbyist is employed and all persons by whom he or she is
compensated for acting as a lobbyist.
(((34))) (36) "Ministerial functions" means an act or duty carried
out as part of the duties of an administrative office without exercise
of personal judgment or discretion.
(((35))) (37) "Nonparticipating candidate" means a candidate who is
on the ballot but has chosen not to apply for public funds from the
citizens public campaign fund or a candidate who is on the ballot and
has applied but has not been certified to receive public funds from the
citizens public campaign fund.
(38) "Participate" means that, with respect to a particular
election, an entity:
(a) Makes either a monetary or in-kind contribution to a candidate;
(b) Makes an independent expenditure or electioneering
communication in support of or opposition to a candidate;
(c) Endorses a candidate prior to contributions being made by a
subsidiary corporation or local unit with respect to that candidate or
that candidate's opponent;
(d) Makes a recommendation regarding whether a candidate should be
supported or opposed prior to a contribution being made by a subsidiary
corporation or local unit with respect to that candidate or that
candidate's opponent; or
(e) Directly or indirectly collaborates or consults with a
subsidiary corporation or local unit on matters relating to the support
of or opposition to a candidate, including, but not limited to, the
amount of a contribution, when a contribution should be given, and what
assistance, services or independent expenditures, or electioneering
communications, if any, will be made or should be made in support of or
opposition to a candidate.
(((36))) (39) "Person" includes an individual, partnership, joint
venture, public or private corporation, association, federal, state, or
local governmental entity or agency however constituted, candidate,
committee, political committee, political party, executive committee
thereof, or any other organization or group of persons, however
organized.
(((37))) (40) "Person in interest" means the person who is the
subject of a record or any representative designated by that person,
except that if that person is under a legal disability, the term
"person in interest" means and includes the parent or duly appointed
legal representative.
(((38))) (41) "Political advertising" includes any advertising
displays, newspaper ads, billboards, signs, brochures, articles,
tabloids, flyers, letters, radio or television presentations, or other
means of mass communication, used for the purpose of appealing,
directly or indirectly, for votes or for financial or other support or
opposition in any election campaign.
(((39))) (42) "Political committee" means any person (except a
candidate or an individual dealing with his or her own funds or
property) having the expectation of receiving contributions or making
expenditures in support of, or opposition to, any candidate or any
ballot proposition.
(((40))) (43) "Primary" for the purposes of RCW 42.17.640 means the
procedure for nominating a candidate to state office under chapter
29A.52 RCW or any other primary for an election that uses, in large
measure, the procedures established in chapter 29A.52 RCW.
(((41))) (44) "Primary period" means the nine-week period before
and ending on the day of the primary election. There is no primary
period for a recall election.
(45) "Public office" means any federal, state, judicial, county,
city, town, school district, port district, special district, or other
state political subdivision elective office.
(((42))) (46) "Public record" includes any writing containing
information relating to the conduct of government or the performance of
any governmental or proprietary function prepared, owned, used, or
retained by any state or local agency regardless of physical form or
characteristics. For the office of the secretary of the senate and the
office of the chief clerk of the house of representatives, public
records means legislative records as defined in RCW 40.14.100 and also
means the following: All budget and financial records; personnel
leave, travel, and payroll records; records of legislative sessions;
reports submitted to the legislature; and any other record designated
a public record by any official action of the senate or the house of
representatives.
(((43))) (47) "Qualifying contribution" means a contribution of
exactly five dollars, made by a resident who at the time of the
contribution resides in the electoral district of the office the
candidate is seeking, and is received during the qualifying period.
(48) "Qualifying period" means the period beginning one hundred
twenty days before the first day a candidate may file for office and
ending on the close of the regular filing period for the office.
(49) "Recall campaign" means the period of time beginning on the
date of the filing of recall charges under RCW 29A.56.120 and ending
thirty days after the recall election.
(((44))) (50) "Seed money" means a contribution of no more than one
hundred dollars, made by an individual, and received during the
qualifying period.
(51) "Sponsor of an electioneering communications, independent
expenditures, or political advertising" means the person paying for the
electioneering communication, independent expenditure, or political
advertising. If a person acts as an agent for another or is reimbursed
by another for the payment, the original source of the payment is the
sponsor.
(((45))) (52) "State legislative office" means the office of a
member of the state house of representatives or the office of a member
of the state senate.
(((46))) (53) "State office" means state legislative office or the
office of governor, lieutenant governor, secretary of state, attorney
general, commissioner of public lands, insurance commissioner,
superintendent of public instruction, state auditor, or state
treasurer.
(((47))) (54) "State official" means a person who holds a state
office.
(((48))) (55) "Surplus funds" mean, in the case of a political
committee or candidate, the balance of contributions that remain in the
possession or control of that committee or candidate subsequent to the
election for which the contributions were received, and that are in
excess of the amount necessary to pay remaining debts incurred by the
committee or candidate prior to that election. In the case of a
continuing political committee, "surplus funds" mean those
contributions remaining in the possession or control of the committee
that are in excess of the amount necessary to pay all remaining debts
when it makes its final report under RCW 42.17.065.
(((49))) (56) "Treasurer" and "deputy treasurer" mean the
individuals appointed by a candidate or political committee, under RCW
42.17.050, to perform the duties specified in RCW 42.17.050.
(57) "Uncontested election" means an election in which a candidate
running for a specified office has no opponent.
(58) "Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means of recording any
form of communication or representation, including, but not limited to,
letters, words, pictures, sounds, or symbols, or combination thereof,
and all papers, maps, magnetic or paper tapes, photographic films and
prints, motion picture, film and video recordings, magnetic or punched
cards, discs, drums, diskettes, sound recordings, and other documents
including existing data compilations from which information may be
obtained or translated.
As used in this chapter, the singular shall take the plural and any
gender, the other, as the context requires.
Sec. 18 RCW 42.17.095 and 2005 c 467 s 1 are each amended to read
as follows:
The surplus funds of a candidate, or of a political committee
supporting or opposing a candidate, may only be disposed of in any one
or more of the following ways:
(1) Return the surplus to a contributor in an amount not to exceed
that contributor's original contribution;
(2) Transfer the surplus to the candidate's personal account as
reimbursement for lost earnings incurred as a result of that
candidate's election campaign. Such lost earnings shall be verifiable
as unpaid salary or, when the candidate is not salaried, as an amount
not to exceed income received by the candidate for services rendered
during an appropriate, corresponding time period. All lost earnings
incurred shall be documented and a record thereof shall be maintained
by the candidate or the candidate's political committee. The committee
shall include a copy of such record when its expenditure for such
reimbursement is reported pursuant to RCW 42.17.090;
(3) Transfer the surplus without limit to a political party or to
a caucus political committee;
(4) Donate the surplus to a charitable organization registered in
accordance with chapter 19.09 RCW;
(5) Transmit the surplus to the state treasurer for deposit in the
general fund, the ((oral history)) Washington state legacy project,
state library, and archives account under RCW 43.07.380, or the
legislative international trade account under RCW ((44.04.270))
43.15.050, as specified by the candidate or political committee; ((or))
(6) Hold the surplus in the ((campaign)) depository or depositories
designated in accordance with RCW 42.17.050 for possible use in a
future election campaign for the same office last sought by the
candidate and report any such disposition in accordance with RCW
42.17.090: PROVIDED, That if the candidate subsequently announces or
publicly files for office, information as appropriate is reported to
the commission in accordance with RCW 42.17.040 through 42.17.090. If
a subsequent office is not sought the surplus held shall be disposed of
in accordance with the requirements of this section((.));
(7) Hold the surplus campaign funds in a separate account for
nonreimbursed public office-related expenses or as provided in this
section, and report any such disposition in accordance with RCW
42.17.090. The separate account required under this subsection shall
not be used for deposits of campaign funds that are not surplus((.));
(8) Notwithstanding subsections (1) through (7) of this section,
for those candidates certified for public campaign funding, all surplus
campaign funds must be transferred to the citizens public campaign
fund; or
(9) No candidate or authorized committee may transfer funds to any
other candidate or other political committee.
The disposal of surplus funds under this section shall not be
considered a contribution for purposes of this chapter.
Sec. 19 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; ((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) Activities that are undertaken by a public agency in
implementation of sections 2 through 15 of this act, the citizens
public campaign act.
(3) As to state officers and employees, this section operates to
the exclusion of RCW 42.17.130.
Sec. 20 RCW 42.17.128 and 2008 c 29 s 1 are each amended to read
as follows:
Except as provided in sections 2 through 15 of this act, the
citizens public campaign act, public funds, whether derived through
taxes, fees, penalties, or any other sources, shall not be used to
finance political campaigns for state or school district office. A
county, city, town, or district that establishes a program to publicly
finance local political campaigns may only use funds derived from local
sources to fund the program. A local government must submit any
proposal for public financing of local political campaigns to voters
for their adoption and approval or rejection.
Sec. 21 RCW 42.17.130 and 2006 c 215 s 2 are each amended to read
as follows:
Except as provided in sections 2 through 15 of this act, the
citizens public campaign act, no elective official nor any employee of
his (([or her])) or her office nor any person appointed to or employed
by any public office or agency may use or authorize the use of any of
the facilities of a public office or agency, directly or indirectly,
for the purpose of assisting a campaign for election of any person to
any office or for the promotion of or opposition to any ballot
proposition. Facilities of a public office or agency include, but are
not limited to, use of stationery, postage, machines, and equipment,
use of employees of the office or agency during working hours,
vehicles, office space, publications of the office or agency, and
clientele lists of persons served by the office or agency. However,
this does not apply to the following activities:
(1) Action taken at an open public meeting by members of an elected
legislative body or by an elected board, council, or commission of a
special purpose district including, but not limited to, fire districts,
public hospital districts, library districts, park districts, port
districts, public utility districts, school districts, sewer districts,
and water districts, 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 so long as (a) any required
notice of the meeting includes the title and number of the ballot
proposition, and (b) members of the legislative body, members of the
board, council, or commission of the special purpose district, or
members of the public are afforded an approximately equal opportunity
for the expression of an opposing view;
(2) 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;
(3) Activities which are part of the normal and regular conduct of
the office or agency.
NEW SECTION. Sec. 22 Sections 2 through 15 of this act may be
known as the citizens public campaign act.
NEW SECTION. Sec. 23 Sections 2 through 15 of this act are each
added to chapter
NEW SECTION. Sec. 24 Captions used in this act are not part of
law.
NEW SECTION. Sec. 25 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.