SENATE BILL REPORT

HJM 4005

BYRepresentatives Pruitt, Baugher, Winsley, Jacobsen, Fisher, Fisch, Lux, Rasmussen, Day, Leonard, Lewis, B. Williams, D. Sommers, Ballard, Brough, Walker, Betrozoff, Doty, Amondson, Ferguson, Bumgarner, L. Smith, Taylor, Todd, Moyer, C. Smith, Hankins and Chandler

Requesting an amendment to authorize campaign expenditure and contribution limits.

House Committe on Constitution, Elections & Ethics

Senate Committee on Judiciary

Senate Hearing Date(s):April 2, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; McCaslin, Newhouse.

Senate Staff:Jon Carlson (786-7459)

                  April 2, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, APRIL 2, 1987

BACKGROUND:

In 1972 the voters approved Initiative Measure No. 276 regarding public disclosure.  One section of the initiative established mandatory expenditure limits on campaigns for elective office.  In 1974 the state's Supreme Court found that section to be unconstitutional.

A series of federal court cases has identified a number of Constitutional limitations on the regulation of campaign financing.  Found to be impermissible have been: (1) limitations on expenditures from a candidate's personal funds, when public financing is not present; (2) limitations on overall campaign expenditures, when public financing is not present; (3) limitations on contributions and expenditures in ballot measure campaigns; and (4) limitations on independent campaign expenditures.

SUMMARY:

The Congress is requested to propose an amendment to the U.S. Constitution which would permit the Congress to enact laws regulating the amounts of contributions and expenditures intended to affect elections to federal office, and the states to enact laws regulating the amounts of contributions and expenditures intended to affect elections to state and local offices.  Under the proposed Constitutional amendment, no regulation could limit expenditures by independent persons or entities unless the expenditures were related to clearly identified candidates.

SUMMARY OF PROPOSED SENATE AMENDMENT:

A technical change in language is made.

Fiscal Note:      none requested

Senate Committee - Testified: Representative Pruitt, prime sponsor