BILL REQ. #:  H-1876.1 

READ FIRST TIME 03/04/05.   

     AN ACT Relating to campaign contribution limits; amending RCW 42.17.640 and 42.17.700; adding new sections to chapter 42.17 RCW; and declaring an emergency.

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

Sec. 1   RCW 42.17.640 and 2001 c 208 s 1 are each amended to read as follows:
     (1) The contribution limits in this section apply to:
     (a) Candidates for state legislative office;
     (b) Candidates for state office other than state legislative office;
     (c) Candidates for county office in a county that has over two hundred thousand registered voters;
     (d) A special purpose district office if that district is authorized to provide freight and passenger transfer and terminal facilities and that district has over two hundred thousand registered voters;
     (e) Persons holding an office in (a) through (d) of this subsection against whom recall charges have been filed or to a political committee having the expectation of making expenditures in support of the recall of a person holding the office;
     (f) Caucus political committees; and
     (g) Bona fide political parties.
     (2) No person, other than a bona fide political party or a caucus political committee, may make contributions to a candidate for a state legislative office, county office, or public office in a special purpose district that in the aggregate exceed ((five)) six hundred seventy-five dollars or to a candidate for a state office other than a state legislative office that in the aggregate exceed one thousand three hundred fifty dollars for each election in which the candidate is on the ballot or appears as a write-in candidate. Contributions to candidates subject to the limits in this section made with respect to a primary may not be made after the date of the primary. However, contributions to a candidate or a candidate's authorized committee may be made with respect to a primary until thirty days after the primary, subject to the following limitations: (a) The candidate lost the primary; (b) the candidate's authorized committee has insufficient funds to pay debts outstanding as of the date of the primary; and (c) the contributions may only be raised and spent to satisfy the outstanding debt. Contributions to candidates subject to the limits in this section made with respect to a general election may not be made after the final day of the applicable election cycle.
     (((2))) (3) No person, other than a bona fide political party or a caucus political committee, may make contributions to a state official, a county official, or a public official in a special purpose district, against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the recall of the state official, county official, or public official in a special purpose district, during a recall campaign that in the aggregate exceed ((five)) six hundred seventy-five dollars if for a state legislative office, county office, or special purpose district office, or one thousand three hundred fifty dollars if for a state office other than a state legislative office.
     (((3))) (4)(a) Notwithstanding subsection (((1))) (2) of this section, no bona fide political party or caucus political committee may make contributions to a candidate during an election cycle that in the aggregate exceed (i) ((fifty)) sixty-eight cents multiplied by the number of eligible registered voters in the jurisdiction from which the candidate is elected if the contributor is a caucus political committee or the governing body of a state organization, or (ii) ((twenty-five)) thirty-four cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.
     (b) No candidate may accept contributions from a county central committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed ((twenty-five)) thirty-four cents times the number of registered voters in the jurisdiction from which the candidate is elected.
     (((4))) (5)(a) Notwithstanding subsection (((2))) (3) of this section, no bona fide political party or caucus political committee may make contributions to a state official, county official, or a public official in a special purpose district, against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the state official, county official, or a public official in a special purpose district, during a recall campaign that in the aggregate exceed (i) ((fifty)) sixty-eight cents multiplied by the number of eligible registered voters in the jurisdiction entitled to recall the ((state)) official if the contributor is a caucus political committee or the governing body of a state organization, or (ii) ((twenty-five)) thirty-four cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.
     (b) No ((state)) official holding an office specified in subsection (1) of this section against whom recall charges have been filed, no authorized committee of the official, and no political committee having the expectation of making expenditures in support of the recall of ((a state)) the official may accept contributions from a county central committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed ((twenty-five)) thirty-four cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected.
     (((5))) (6) For purposes of determining contribution limits under subsections (((3))) (4) and (((4))) (5) of this section, the number of eligible registered voters in a jurisdiction is the number at the time of the most recent general election in the jurisdiction.
     (((6))) (7) Notwithstanding subsections (((1))) (2) through (((4))) (5) of this section, no person other than an individual, bona fide political party, or caucus political committee may make contributions reportable under this chapter to a caucus political committee that in the aggregate exceed ((five)) six hundred seventy-five dollars in a calendar year or to a bona fide political party that in the aggregate exceed ((two)) three thousand ((five)) four hundred dollars in a calendar year. This subsection does not apply to loans made in the ordinary course of business.
     (((7))) (8) For the purposes of RCW 42.17.640 through 42.17.790, a contribution to the authorized political committee of a candidate((,)) or of ((a state)) an official specified in subsection (1) of this section against whom recall charges have been filed, is considered to be a contribution to the candidate or ((state)) official.
     (((8))) (9) A contribution received within the twelve-month period after a recall election concerning ((a state)) an office specified in subsection (1) of this section is considered to be a contribution during that recall campaign if the contribution is used to pay a debt or obligation incurred to influence the outcome of that recall campaign.
     (((9))) (10) The contributions allowed by subsection (((2))) (3) of this section are in addition to those allowed by subsection (((1))) (2) of this section, and the contributions allowed by subsection (((4))) (5) of this section are in addition to those allowed by subsection (((3))) (4) of this section.
     (((10))) (11) RCW 42.17.640 through 42.17.790 apply to a special election conducted to fill a vacancy in ((a state)) an office specified in subsection (1) of this section. However, the contributions made to a candidate or received by a candidate for a primary or special election conducted to fill such a vacancy shall not be counted toward any of the limitations that apply to the candidate or to contributions made to the candidate for any other primary or election.
     (((11))) (12) Notwithstanding the other subsections of this section, no corporation or business entity not doing business in Washington state, no labor union with fewer than ten members who reside in Washington state, and no political committee that has not received contributions of ten dollars or more from at least ten persons registered to vote in Washington state during the preceding one hundred eighty days may make contributions reportable under this chapter to a candidate, to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the recall of the official. This subsection does not apply to loans made in the ordinary course of business.
     (((12))) (13) Notwithstanding the other subsections of this section, no county central committee or legislative district committee may make contributions reportable under this chapter to a candidate specified in subsection (1) of this section, ((state)) an official specified in subsection (1) of this section against whom recall charges have been filed, or political committee having the expectation of making expenditures in support of the recall of ((a state)) an official specified in subsection (1) of this section if the county central committee or legislative district committee is outside of the jurisdiction entitled to elect the candidate or recall the ((state)) official.
     (((13))) (14) No person may accept contributions that exceed the contribution limitations provided in this section.
     (((14))) (15) The following contributions are exempt from the contribution limits of this section:
     (a) An expenditure or contribution earmarked for voter registration, for absentee ballot information, for precinct caucuses, for get-out-the-vote campaigns, for precinct judges or inspectors, for sample ballots, or for ballot counting, all without promotion of or political advertising for individual candidates; or
     (b) An expenditure by a political committee for its own internal organization or fund raising without direct association with individual candidates.

NEW SECTION.  Sec. 2   A new section is added to chapter 42.17 RCW to read as follows:
     (1) No person may make contributions to a candidate for superior court judge that in the aggregate exceed six hundred seventy-five dollars or to a candidate for the state supreme court or court of appeals that in the aggregate exceed one thousand three hundred fifty dollars for each election in which the candidate is on the ballot or appears as a write-in candidate. Contributions made with respect to a primary may not be made after the date of the primary. However, contributions to a candidate or a candidate's authorized committee may be made with respect to a primary until thirty days after the primary, subject to the following limitations: (a) The candidate lost the primary; (b) the candidate's authorized committee has insufficient funds to pay debts outstanding as of the date of the primary; and (c) the contributions may only be raised and spent to satisfy the outstanding debt. Contributions made with respect to a general election may not be made after the final day of the applicable election cycle.
     (2) This section through RCW 42.17.790 apply to a special election conducted to fill a vacancy in an office. However, the contributions made to a candidate or received by a candidate for a primary or special election conducted to fill such a vacancy will not be counted toward any of the limitations that apply to the candidate or to contributions made to the candidate for any other primary or election.
     (3) No person may accept contributions that exceed the contribution limitations provided in this section.
     (4) The dollar limits in this section must be adjusted according to RCW 42.17.690.

NEW SECTION.  Sec. 3   A new section is added to chapter 42.17 RCW to read as follows:
     The commission shall adopt rules to carry out the policies of this act and is not subject to the time restrictions of RCW 42.17.370(1).

Sec. 4   RCW 42.17.700 and 1993 c 2 s 10 are each amended to read as follows:
     (1) Contributions to candidates for state office made and received before December 3, 1992, are considered to be contributions under RCW 42.17.640 through 42.17.790. Monetary contributions that exceed the contribution limitations and that have not been spent by the recipient of the contribution by December 3, 1992, must be disposed of in accordance with RCW 42.17.095.
     (2) Contributions to other candidates subject to the contribution limits of this chapter made and received before the effective date of this act are considered to be contributions under RCW 42.17.640 through 42.17.790. Contributions that exceed the contribution limitations and that have not been spent by the recipient of the contribution by the effective date of this act must be disposed of in accordance with RCW 42.17.095 except for subsections (6) and (7) of that section.

NEW SECTION.  Sec. 5   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.