[atlas:bill]

AN ACT Relating to protecting political free speech from excessive government intrusion; and adding new sections to chapter 42.17 RCW.

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:

(1) It is clear the First Amendment protects political speech, giving it greater protection over other forms of speech. The constitutional protections afforded political speech apply fully, urgently, and precisely to the conduct of campaigns for political office and ballot issues.

(2) Traditional public forums include places that by long tradition or by government decree, have been devoted to assembly and debate, such as parks, streets, and sidewalks, including parking strips. Because these places occupy a special position in terms of First Amendment protection, the government's ability to restrict expressive activity in them is very limited.

(3) Restrictions on political signs for any purpose, including time, place, and manner restrictions, may be imposed only upon a showing by government that the restriction is necessary and narrowly drawn to accomplish a compelling state interest.

(4) Because of the eminent status provided the fundamental right of political speech in our representative democracy and its essential relation to an informed and free electorate, the people of this state, and not government, should properly determine for themselves whether the duration, size, and placement of political signs offends or attracts voters or fellow citizens as reflected in their vote or in the social sanctions they may or may not choose to impose on their neighbors.

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

Neither the state nor any county, city, town, or other municipal subdivision may impose durational limitations on the posting of political signs:

(1) In a public forum other than that allowed under this section;

(2) In a public forum on behalf of a person from the time the person becomes a candidate, as defined in RCW 42.17.020(8), and the results of the election are certified by the appropriate election officer of the constituency voting for or against the candidate;

(3) In a public forum on behalf of a ballot issue from the time the issue becomes a ballot proposition, as defined in RCW 42.17.020(3), and the results of the election are certified by the appropriate election officer of the constituency voting for or against the ballot proposition;

(4) On private property on behalf of a candidate or a ballot issue or any other lobbying, electoral, or other political or ideological activity, speech, or advocacy.

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

(1) Neither the state nor any county, city, town, or other municipal subdivision may impose placement or size limitations on the posting of political signs in a public forum or on private property other than that allowed under this section.

(2) The state, any county, city, town, or other municipal subdivision may impose placement or size limitations on the posting of political signs in a public forum or on private property only if the limitation is necessary and narrowly drawn to protect and preserve the public safety.

NEW SECTION. Sec. 4. A new section is added to chapter 42.17 RCW to read as follows:

Neither the state nor any county, city, town, or other municipal subdivision may impose or require a fee, charge, bond, or other monetary liability on or from a person in order for the person to be able to freely exercise the person's fundamental right of political speech through the use of political signs.

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

A wide and diverse range of local and cross-jurisdictional time, place, and manner restrictions placed on political signs impose unnecessary, unreasonable, and impermissible burdens on political speech.

The state hereby preempts the field of regulating the time, place, and manner of political speech and no county, city, town, or other municipal subdivision may impose such regulations upon such speech.

The preemption authorized by this act does not impair the ability of a county, city, town, or other municipal subdivision to impose time, place, and manner limitations upon political speech otherwise in accordance with this act.