AN ACT Relating to fair campaign practices; amending RCW 42.17.395; adding a new section 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. Sections 2 and 3 of this act may be known as the Fair Campaign Practices Act of 1985.

NEW SECTION. Sec. 2. The purpose of section 3 of this act is to assure that all political campaigns in the state of Washington be conducted in a climate that promotes the discussion of issues, the accurate and truthful presentation of the records and policies of the various candidates and ballot issues, and the formulation of proper debate, and to make certain that future political campaigns shall be conducted on a high plane of ethical responsibility and respect for the rights of the individual and political party to full and equal participation in the electoral process.

NEW SECTION. Sec. 3. A new section is added to chapter 42.17 RCW to read as follows:

No candidate, political party, or political committee in the course of any campaign subject to this chapter may knowingly engage in, commit, authorize, or allow any of the following acts or practices:

(1) Placing one's own employee or agent in the campaign organization of another candidate or political committee, offering compensation to a member of another's campaign staff for the purpose of undermining the campaign, or wiretapping or other means of electronic surveillance contrary to state or federal law;

(2) Printing or distributing falsely identified writings;

(3) Using of the title of any office never held by the candidate or indication of membership in an organization of which the candidate was never a member, or the use of the term "reelect" if the candidate is not an elected incumbent of the office for which he or she is a candidate;

(4) Knowing misrepresentation of facts with respect to a candidate's voting record or other public record;

(5) Knowing use or authorization of material relating to the campaign that falsifies, misrepresents, or distorts facts, including but not limited to malicious or unfounded accusations creating or exploiting doubts as to the morality, patriotism, or motivations of any party or candidate;

(6) Any acts intended to hinder or prevent any eligible person from registering to vote or voting;

(7) Failing to promptly and publicly repudiate the support of any individual or group that resorts, on behalf of the candidacy or in opposition to that of a candidate's opponent's candidacy, to methods in violation of this section.

Sec. 4. Section 12, chapter 112, Laws of 1975-'76 2nd ex. sess. as amended by section 16, chapter 147, Laws of 1982 and RCW 42.17.395 are each amended to read as follows:

(1) The commission may (a) determine whether an actual violation of this chapter has occurred; and (b) issue and enforce an appropriate order following such determination.

(2) The commission, in cases where it chooses to determine whether an actual violation of this chapter has occurred, shall hold a contested case hearing pursuant to the administrative procedure act (chapter 34.04 RCW) to make such determination. Any order which the commission issues under this section shall be pursuant to such hearing.

(3) In lieu of holding a hearing or issuing an order under this section, the commission may refer the matter to the attorney general or other enforcement agency as provided in RCW 42.17.360.

(4) The person against whom an order is directed under this section shall be designated as the respondent. Such order may require the respondent to cease and desist from the activity which constitutes a violation and in addition, or alternatively, may impose one or more of the remedies provided in RCW 42.17.390(1) (b), (c), (d), or (e): PROVIDED, That no individual penalty assessed by the commission may exceed ((~~two hundred fifty~~)) one thousand dollars, and in any case where multiple violations are involved in a single complaint or hearing, the maximum aggregate penalty may not exceed five ((~~hundred~~)) thousand dollars.

(5) An order issued by the commission under this section shall be subject to judicial review under the administrative procedure act (chapter 34.04 RCW). If the commission's order is not satisfied and no petition for review is filed within thirty days as provided in RCW 34.04.130, the commission may petition a court of competent jurisdiction of any county in which a petition for review could be filed under that section, for an order of enforcement. Proceedings in connection with the commission's petition shall be in accordance with RCW 42.17.397((~~, as now or hereafter amended~~)).