BP BHEAD INT S

AN ACT Relating to campaign spending limits; amending RCW 29.80.010; adding new sections to chapter 42.17 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 42.17 RCW to read as follows:

Within thirty days after becoming a candidate or within three business days of filing for office, whichever is earlier, a candidate for state office shall sign and file with the commission a statement of acceptance or rejection of the voluntary expenditure limits in section 2 of this act. The commission shall provide the form of the statement and agreement by rule. The commission shall index and make available for public inspection and copying a list of the statements of acceptance or rejection filed by candidates.

NEW SECTION. Sec. 2. A new section is added to chapter 42.17 RCW to read as follows:

(1) In accordance with section 3 of this act, the commission shall revise expenditure limits applicable in an election cycle for a candidate who files a statement of acceptance under section 1 of this act.

(2) The initial expenditure limits shall be as follows for the following offices and classes of offices:

(a) Governor: $1,500,000;

(b) Attorney general: $500,000;

(d) Supreme court justice: $200,000;

(e) Court of appeals judge: $80,000;

(f) Superior court judge: $80,000;

(g) State senator: $80,000; and

(h) State representative: $60,000.

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

The commission shall, by January 1, 1996, and by January 1st of each even-numbered year thereafter, adopt revisions in the existing limits. Revisions shall be for the purpose of recognizing (1) changes in the number of registered voters state-wide, and (2) economic changes as reflected by an inflationary index recommended by the office of financial management. The revisions shall be guided by the change in the index for the two-year period before the date the revision is to be adopted.

Sec. 4. RCW 29.80.010 and 1987 c 295 s 17 are each amended to read as follows:

(1) As soon as possible before each state general election at which federal or state officials are to be elected, the secretary of state shall publish and mail to each individual place of residence of the state a candidates' pamphlet containing photographs and campaign statements of eligible nominees who desire to participate therein, together with a campaign mailing address and telephone number submitted by the nominee at the nominee's option, and in even-numbered years containing a description of the office of precinct committee officer and its duties, in order that voters will understand that the office is a state office and will be found on the ballot of the forthcoming general election. In odd-numbered years no candidates' pamphlet may be published unless an election is to be held to fill a vacancy in one or more of the following state-wide elective offices: United States senator, governor, lieutenant governor, secretary of state, state treasurer, state auditor, attorney general, superintendent of public instruction, commissioner of public lands, insurance commissioner, or justice of the supreme court.

(2) For purposes of this chapter, a candidate is eligible to include a picture and a campaign statement in the candidates' pamphlet only if the candidate has filed a statement of acceptance of voluntary expenditure limits within the time limits set forth in section 1 of this act. The following information must be included in the pamphlet if a candidate does not file a statement of acceptance within the time limits set forth in section 1 of this act: "A statement by this candidate has not been included because the candidate has not agreed to comply with the voluntary campaign spending limits established by the state public disclosure commission. A candidate's statement is included in this pamphlet only if the candidate agrees to comply with those spending limits."

NEW SECTION. Sec. 5. A new section is added to chapter 42.17 RCW to read as follows:

It is a violation of this chapter to exceed an expenditure limit to which a candidate has agreed by filing a statement of acceptance under section 1 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 42.17 RCW to read as follows:

One or more of the following civil remedies and sanctions may be imposed by court order for a violation of section 5 of this act in addition to other remedies provided by law:

(1) A candidate who violates section 5 of this act may be subject to a civil penalty of not more than ten thousand dollars.

(2) The court shall presume that a material and substantial violation of section 5 of this act has affected the outcome of the election. Unless the presumption is defeated by clear, cogent, and convincing evidence, the court shall declare the election void and order a special election to be held within sixty days of the finding. An action to void an election must be commenced within one year of the date of the election in question.