HOUSE BILL REPORT

HCR 4418

BYRepresentatives Hine, Miller, R. Fisher and Anderson

Resolving to appoint a joint select committee to develop legislation on campaign financing.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE MARCH 13, 1989

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.  Certain constitutionally permissible restrictions on such financing have also been identified in those decisions.  In those cases, the courts found the following to be permissible:  (1) limitations on contributions by individuals or organizations to candidates for federal office; (2) limitations on contributions by individuals or organizations to political action committees; (3) limitations on contributions by political action committees to candidates for federal office; (4) limitations on total contributions by individuals in a calendar year to candidates for federal office; (5) public financing for presidential elections; and (6) federal public disclosure requirements.

Found to be impermissible were ceilings on candidate expenditures or on "independent expenditures" (that is, campaign expenditures not subject to the control of a candidate).  Upheld, however, were ceilings on a candidate's expenditures which become effective only as part of a public financing agreement under which a candidate agrees to abide by the limits in exchange for public financing. Also found to be impermissible were any ceilings on contributions or expenditures in ballot proposition campaigns.

SUMMARY:

A joint select task force on campaign finance reform is established.  The task force consists of the following 16 members:  eight members of the Legislature, two selected from each of the majority and minority party caucuses of the House and the Senate; the chair of the Washington State Democratic Party, or the chair's representative; the chair of the Washington State Republican Party, or the chair's representative; and six representatives of public interest groups or associations with an interest in the issue, three appointed by the Speaker of the House and three appointed by the President of the Senate.  The House members of the task force are to be appointed by the Speaker and the Senate members by the President.  One co-chair of the task force is to be appointed by the Speaker and one by the President.

The committee's recommendations regarding reforms in the financing of campaigns for state offices must be reported to the Legislature in the form of proposed legislation by January 1, 1991.