BILL REQ. #: S-1441.2
| State of Washington | 60th Legislature | 2007 Regular Session |
READ FIRST TIME 02/05/07.
AN ACT Relating to funding of judicial election campaign expenses; amending RCW 42.52.180, 42.17.020, 42.17.128, 42.17.130, and 42.17.640; adding new sections to chapter 42.17 RCW; creating new sections; prescribing penalties; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
NEW SECTION. Sec. 2 This act may be known and cited as the
judicial independence act.
NEW SECTION. Sec. 3
(2) Exploratory fund contributions may not exceed one hundred
dollars per donor.
(3) The total amount of exploratory funds is limited to twenty
thousand dollars for candidates for the supreme court and ten thousand
dollars for candidates for the court of appeals.
(4) A candidate interested in participating in the judicial
independence act program and receiving public financing for his or her
election campaign may only accept exploratory funds from individuals.
A candidate may not accept any funds from political committees, unions,
corporations, business entities, or other organizations during the
period that exploratory funds are being raised.
(5) A candidate may contribute up to five thousand dollars in
exploratory funds from his or her personal funds, and immediate family
members may contribute up to an aggregate total of five thousand
dollars in exploratory funds without violating this section.
(6) The commission shall adopt rules concerning reporting and
auditing of contributions under this section.
NEW SECTION. Sec. 4
(a) For candidates for the supreme court: At least ten thousand
dollars and not more than fifty thousand dollars;
(b) For candidates for the court of appeals: At least two thousand
dollars and not more than ten thousand dollars.
(2) A qualifying contribution must:
(a) Be in an amount of at least ten dollars and not more than one
hundred dollars;
(b) Be from an individual registered to vote in the state of
Washington. No qualifying contributions may be from political
committees, unions, corporations, business entities, or other
organizations;
(c) Be identified as a qualifying contribution;
(d) Be in the form of a check or paid with a credit or debit card
that matches the name and address of the registered voter who is
contributing to the candidate.
(3) For candidates for the supreme court, qualifying contributions
must come from at least five hundred contributors, and for candidates
for the court of appeals, qualifying contributions must come from at
least one hundred contributors.
(4) The commission shall determine whether or not sufficient
qualifying contributions have been received to qualify for
participation in the judicial independence act program.
(5) Potential candidates must raise qualifying contributions in the
period beginning one hundred twenty days before the date when filing
for the office is first permitted and ending sixty days prior to the
primary election.
(6) The commission shall adopt rules concerning reporting and
auditing of contributions under this section.
NEW SECTION. Sec. 5
(2) The judicial independence act pledge reads as follows:
"I (name of participating candidate) agree to:
1. Identify in all campaign communications that I am a judicial
independence act candidate;
2. Not use judicial independence act funds for disparaging or
disrespectful communications;
3. Publicly request that no independent expenditures be made
favoring my campaign or opposing any other candidates in the race;
4. Participate in at least one public judicial forum; and
5. If I withdraw from the program, identify in all campaign
communications that I have so withdrawn."
(3) Signing the judicial independence act is voluntary. Not
signing the pledge will in no way impact a candidate's eligibility to
participate in the program.
(4) Nothing in this section prevents a nonparticipating candidate
from agreeing to abide by the judicial independence act pledge.
NEW SECTION. Sec. 6
(2) In order for a candidate to qualify to participate in the
judicial independence act program and receive public financing for his
or her election campaign, the commission must determine that the
candidate received only exploratory funds under section 3 of this act
and qualifying contributions under section 4 of this act, and did not
receive any other contributions.
(3) Once a candidate has qualified to participate in the judicial
independence act program, that candidate may not raise or receive any
additional funds, other than funds authorized by this act.
NEW SECTION. Sec. 7
(b) Participating court of appeals candidates do not receive a
primary disbursement, except that a participating court of appeals
candidate in a contested primary or general election with only two
candidates in the primary shall receive a primary disbursement of eight
times the candidate filing fee.
(2)(a) Participating supreme court candidates in a contested
general election shall receive a general election disbursement of sixty
times the candidate filing fee.
(b) Participating court of appeals candidates in a contested
general election shall receive a general election disbursement of eight
times the candidate filing fee.
(3)(a) Participating candidates in contested elections may be
eligible for matching funds.
(b) In a contested primary, if the opponent of a participating
candidate expends in excess of the participating candidate's maximum
allowable expenditures, the participating candidate is eligible for
matching funds in the amount of that excess expenditure.
(c) In a contested general election, if the opponent of a
participating candidate expends in excess of the participating
candidate's maximum allowable expenditures, the participating candidate
is eligible for matching funds in the amount of that excess
expenditure.
(d) A participating candidate's maximum allowable expenditures are
the sum of the maximum the candidate is authorized to raise in
exploratory and qualifying contributions, plus any public funds for
which the candidate is eligible.
(4) The total available for matching funds for the primary and
general election is as follows:
(a) Supreme court: Four hundred eighty times the candidate filing
fee; and
(b) Court of appeals: Forty times the candidate filing fee.
(5) Participating candidates may determine when to access available
matching fees, either for the primary or the general election. If a
participating candidate is eligible for matching funds in a contested
primary, chooses not to use them, and then moves forward to an
uncontested general election, that candidate can no longer access those
matching funds.
(6) Independent expenditures or electioneering communications that
support an opponent to a participating candidate or oppose a
participating candidate may be counted as expenditures by the opponent
for the purpose of determining whether a participant is eligible for
matching funds. The commission shall review independent expenditures
or electioneering communications at the request of the participating
candidate to determine if matching funds should be released.
(7)(a) In addition to reporting as otherwise required by this
chapter or Title 390 WAC, a nonparticipating candidate who has a
publicly financed opponent shall report total expenditures to the
commission electronically within twenty-four hours of the date his or
her total amount of expenditures first exceeds eighty percent of the
maximum amount permitted for publicly financed candidates under
sections 3 and 4 of this act and subsection (1) or (2) of this section.
Thereafter, a nonparticipating candidate shall report total
expenditures to the commission electronically within twenty-four hours
of the date his or her expenditures equal five thousand dollars or more
since the initial or previous report of total expenditures was filed.
(b) For purposes of calculating matching funds under this act,
independent expenditures or electioneering communications with a fair
market value of one thousand dollars or more that support a candidate
or oppose a participating candidate must be reported by the sponsor or
person making the expenditure. This report must be filed with the
commission electronically within twenty-four hours of the date the
advertising or activity is first ordered. All other reporting
provisions for independent expenditures and electioneering
communications in this chapter are applicable.
(c) The commission may adopt rules implementing the provisions of
this section, including rules that determine whether filing under this
section satisfies the filing requirements under other provisions of
this chapter.
NEW SECTION. Sec. 8
(2) Any person who or entity that violates any reporting
requirements listed in this section resulting in the delay of
distribution of matching funds may be subject to a civil penalty of no
more than one hundred thousand dollars for each violation.
(3) All civil penalties collected under this section shall be
deposited in the judicial independence act account.
NEW SECTION. Sec. 9
(2) The commission shall administer an administrative appeals
process for all candidates who disagree with determinations on
qualifying contributions, matching funds disbursements, or civil
penalties levied. The commission shall determine whether a candidate
certifies as a participating candidate no more than seven calendar days
after a candidate requests certification.
(3) The commission shall authorize the disbursement of funds to
candidates within three calendar days after certifying a candidate as
a participating candidate, for primary disbursements, and within three
calendar days after a primary election for those participating
candidates who advance to a contested general election. The commission
shall authorize the disbursement of matching funds no later than five
calendar days after a candidate is deemed eligible to receive matching
funds and requests disbursement.
NEW SECTION. Sec. 10
(2) The following individuals may seek expedited administrative
review of commission decisions:
(a) Candidates and potential candidates whom the commission finds
ineligible to participate in the program;
(b) Participating candidates who are denied matching funds;
(c) Opponents of a participating candidate who disagree with a
decision by the commission to grant matching funds to a participating
candidate.
(3) In an expedited administrative review process, the commission
shall issue a final decision in no more than five calendar days after
review is requested.
(4) The commission may develop rules to implement this section,
including rules to allow the commission to meet telephonically for the
limited purpose of completing the expedited review.
(5) Any petition for judicial review of a final decision in an
expedited administrative review must be filed within five calendar days
of the final decision. In any judicial review, the court shall not
grant a stay or temporary relief unless it finds the conditions
specified in RCW 34.05.550(3)(a), (b), and (c).
NEW SECTION. Sec. 11
NEW SECTION. Sec. 12
(2) If a candidate qualifies for the program but later withdraws
from the program, or if the candidate is found to be ineligible by the
commission after qualification, the candidate must return all
qualifying contributions to the individual donors within seven calendar
days of withdrawal or ineligibility, and must repay all publicly
disbursed funds to the judicial independence act account within 7
calendar days of withdrawal or ineligibility.
(3) Participating candidates must return all unused funds to the
judicial independence act account within thirty calendar days after the
general election.
NEW SECTION. Sec. 13
(2)(a) In the event a participating candidate receives the maximum
amount of matching funds under this section and sections 3 through 12
of this act, and the amount spent by and on behalf of the participating
candidate is less than the amounts spent: (i) By a nonparticipating
candidate; (ii) in support of an opposing candidate; and (iii) in
opposition to the participating candidate, such participating
candidates may receive additional excess funds in the judicial
independence act account if funds are available. To determine whether
a participating candidate may receive matching funds including
additional excess funds, the commission shall not consider funds spent
by participating candidates.
(b) In the event a participating candidate receives the maximum
amount of matching funds under this section and sections 3 through 12
of this act, and the funds from the judicial independence act account
have been fully distributed, the contribution limitations contained in
this section and sections 3 through 12 of this act no longer apply.
Sec. 14 RCW 42.52.180 and 1995 c 397 s 30 are each amended to
read as follows:
(1) No state officer or state employee may use or authorize the use
of facilities of an agency, directly or indirectly, for the purpose of
assisting a campaign for election of a person to an office or for the
promotion of or opposition to a ballot proposition. Knowing
acquiescence by a person with authority to direct, control, or
influence the actions of the state officer or state employee using
public resources in violation of this section constitutes a violation
of this section. Facilities of an agency include, but are not limited
to, use of stationery, postage, machines, and equipment, use of state
employees of the agency during working hours, vehicles, office space,
publications of the agency, and clientele lists of persons served by
the agency.
(2) This section shall not apply to the following activities:
(a) Action taken at an open public meeting by members of an elected
legislative body to express a collective decision, or to actually vote
upon a motion, proposal, resolution, order, or ordinance, or to support
or oppose a ballot proposition as long as (i) required notice of the
meeting includes the title and number of the ballot proposition, and
(ii) members of the legislative body or members of the public are
afforded an approximately equal opportunity for the expression of an
opposing view;
(b) A statement by an elected official in support of or in
opposition to any ballot proposition at an open press conference or in
response to a specific inquiry. For the purposes of this subsection,
it is not a violation of this section for an elected official to
respond to an inquiry regarding a ballot proposition, to make
incidental remarks concerning a ballot proposition in an official
communication, or otherwise comment on a ballot proposition without an
actual, measurable expenditure of public funds. The ethics boards
shall adopt by rule a definition of measurable expenditure;
(c) Activities that are part of the normal and regular conduct of
the office or agency; ((and))
(d) De minimis use of public facilities by statewide elected
officials and legislators incidental to the preparation or delivery of
permissible communications, including written and verbal communications
initiated by them of their views on ballot propositions that
foreseeably may affect a matter that falls within their constitutional
or statutory responsibilities; and
(e) Activities that are undertaken by a public agency in
implementation of sections 3 through 13 of this act.
(3) As to state officers and employees, this section operates to
the exclusion of RCW 42.17.130.
Sec. 15 RCW 42.17.020 and 2005 c 445 s 6 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Actual malice" means to act with knowledge of falsity or with
reckless disregard as to truth or falsity.
(2) "Agency" includes all state agencies and all local agencies.
"State agency" includes every state office, department, division,
bureau, board, commission, or other state agency. "Local agency"
includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office,
department, division, bureau, board, commission, or agency thereof, or
other local public agency.
(3) "Authorized committee" means the political committee authorized
by a candidate, or by the public official against whom recall charges
have been filed, to accept contributions or make expenditures on behalf
of the candidate or public official.
(4) "Ballot proposition" means any "measure" as defined by RCW
29A.04.091, or any initiative, recall, or referendum proposition
proposed to be submitted to the voters of the state or any municipal
corporation, political subdivision, or other voting constituency from
and after the time when the proposition has been initially filed with
the appropriate election officer of that constituency prior to its
circulation for signatures.
(5) "Benefit" means a commercial, proprietary, financial, economic,
or monetary advantage, or the avoidance of a commercial, proprietary,
financial, economic, or monetary disadvantage.
(6) "Bona fide political party" means:
(a) An organization that has filed a valid certificate of
nomination with the secretary of state under chapter 29A.20 RCW;
(b) The governing body of the state organization of a major
political party, as defined in RCW 29A.04.086, that is the body
authorized by the charter or bylaws of the party to exercise authority
on behalf of the state party; or
(c) The county central committee or legislative district committee
of a major political party. There may be only one legislative district
committee for each party in each legislative district.
(7) "Depository" means a bank designated by a candidate or
political committee pursuant to RCW 42.17.050.
(8) "Treasurer" and "deputy treasurer" mean the individuals
appointed by a candidate or political committee, pursuant to RCW
42.17.050, to perform the duties specified in that section.
(9) "Candidate" means any individual who seeks nomination for
election or election to public office. An individual seeks nomination
or election when he or she first:
(a) Receives contributions or makes expenditures or reserves space
or facilities with intent to promote his or her candidacy for office;
(b) Announces publicly or files for office;
(c) Purchases commercial advertising space or broadcast time to
promote his or her candidacy; or
(d) Gives his or her consent to another person to take on behalf of
the individual any of the actions in (a) or (c) of this subsection.
(10) "Caucus political committee" means a political committee
organized and maintained by the members of a major political party in
the state senate or state house of representatives.
(11) "Commercial advertiser" means any person who sells the service
of communicating messages or producing printed material for broadcast
or distribution to the general public or segments of the general public
whether through the use of newspapers, magazines, television and radio
stations, billboard companies, direct mail advertising companies,
printing companies, or otherwise.
(12) "Commission" means the agency established under RCW 42.17.350.
(13) "Compensation" unless the context requires a narrower meaning,
includes payment in any form for real or personal property or services
of any kind: PROVIDED, That for the purpose of compliance with RCW
42.17.241, the term "compensation" shall not include per diem
allowances or other payments made by a governmental entity to reimburse
a public official for expenses incurred while the official is engaged
in the official business of the governmental entity.
(14) "Continuing political committee" means a political committee
that is an organization of continuing existence not established in
anticipation of any particular election campaign.
(15)(a) "Contribution" includes:
(i) A loan, gift, deposit, subscription, forgiveness of
indebtedness, donation, advance, pledge, payment, transfer of funds
between political committees, or anything of value, including personal
and professional services for less than full consideration;
(ii) An expenditure made by a person in cooperation, consultation,
or concert with, or at the request or suggestion of, a candidate, a
political committee, or their agents;
(iii) The financing by a person of the dissemination, distribution,
or republication, in whole or in part, of broadcast, written, graphic,
or other form of political advertising or electioneering communication
prepared by a candidate, a political committee, or its authorized
agent;
(iv) Sums paid for tickets to fund-raising events such as dinners
and parties, except for the actual cost of the consumables furnished at
the event.
(b) "Contribution" does not include:
(i) Standard interest on money deposited in a political committee's
account;
(ii) Ordinary home hospitality;
(iii) A contribution received by a candidate or political committee
that is returned to the contributor within five business days of the
date on which it is received by the candidate or political committee;
(iv) A news item, feature, commentary, or editorial in a regularly
scheduled news medium that is of primary interest to the general
public, that is in a news medium controlled by a person whose business
is that news medium, and that is not controlled by a candidate or a
political committee;
(v) An internal political communication primarily limited to the
members of or contributors to a political party organization or
political committee, or to the officers, management staff, or
stockholders of a corporation or similar enterprise, or to the members
of a labor organization or other membership organization;
(vi) The rendering of personal services of the sort commonly
performed by volunteer campaign workers, or incidental expenses
personally incurred by volunteer campaign workers not in excess of
fifty dollars personally paid for by the worker. "Volunteer services,"
for the purposes of this section, means services or labor for which the
individual is not compensated by any person;
(vii) Messages in the form of reader boards, banners, or yard or
window signs displayed on a person's own property or property occupied
by a person. However, a facility used for such political advertising
for which a rental charge is normally made must be reported as an in-kind contribution and counts towards any applicable contribution limit
of the person providing the facility;
(viii) Legal or accounting services rendered to or on behalf of:
(A) A political party or caucus political committee if the person
paying for the services is the regular employer of the person rendering
such services; or
(B) A candidate or an authorized committee if the person paying for
the services is the regular employer of the individual rendering the
services and if the services are solely for the purpose of ensuring
compliance with state election or public disclosure laws.
(c) Contributions other than money or its equivalent are deemed to
have a monetary value equivalent to the fair market value of the
contribution. Services or property or rights furnished at less than
their fair market value for the purpose of assisting any candidate or
political committee are deemed a contribution. Such a contribution
must be reported as an in-kind contribution at its fair market value
and counts towards any applicable contribution limit of the provider.
(16) "Elected official" means any person elected at a general or
special election to any public office, and any person appointed to fill
a vacancy in any such office.
(17) "Election" includes any primary, general, or special election
for public office and any election in which a ballot proposition is
submitted to the voters: PROVIDED, That an election in which the
qualifications for voting include other than those requirements set
forth in Article VI, section 1 (Amendment 63) of the Constitution of
the state of Washington shall not be considered an election for
purposes of this chapter.
(18) "Election campaign" means any campaign in support of or in
opposition to a candidate for election to public office and any
campaign in support of, or in opposition to, a ballot proposition.
(19) "Election cycle" means the period beginning on the first day
of December after the date of the last previous general election for
the office that the candidate seeks and ending on November 30th after
the next election for the office. In the case of a special election to
fill a vacancy in an office, "election cycle" means the period
beginning on the day the vacancy occurs and ending on November 30th
after the special election.
(20) "Electioneering communication" means any broadcast, cable, or
satellite television or radio transmission, United States postal
service mailing, billboard, newspaper, or periodical that:
(a) Clearly identifies a candidate for a state, local, or judicial
office either by specifically naming the candidate, or identifying the
candidate without using the candidate's name;
(b) Is broadcast, transmitted, mailed, erected, distributed, or
otherwise published within sixty days before any election for that
office in the jurisdiction in which the candidate is seeking election;
and
(c) Either alone, or in combination with one or more communications
identifying the candidate by the same sponsor during the sixty days
before an election, has a fair market value of five thousand dollars or
more.
(21) "Electioneering communication" does not include:
(a) Usual and customary advertising of a business owned by a
candidate, even if the candidate is mentioned in the advertising when
the candidate has been regularly mentioned in that advertising
appearing at least twelve months preceding his or her becoming a
candidate;
(b) Advertising for candidate debates or forums when the
advertising is paid for by or on behalf of the debate or forum sponsor,
so long as two or more candidates for the same position have been
invited to participate in the debate or forum;
(c) A news item, feature, commentary, or editorial in a regularly
scheduled news medium that is:
(i) Of primary interest to the general public;
(ii) In a news medium controlled by a person whose business is that
news medium; and
(iii) Not a medium controlled by a candidate or a political
committee;
(d) Slate cards and sample ballots;
(e) Advertising for books, films, dissertations, or similar works
(i) written by a candidate when the candidate entered into a contract
for such publications or media at least twelve months before becoming
a candidate, or (ii) written about a candidate;
(f) Public service announcements;
(g) A mailed internal political communication primarily limited to
the members of or contributors to a political party organization or
political committee, or to the officers, management staff, or
stockholders of a corporation or similar enterprise, or to the members
of a labor organization or other membership organization;
(h) An expenditure by or contribution to the authorized committee
of a candidate for state, local, or judicial office; or
(i) Any other communication exempted by the commission through rule
consistent with the intent of this chapter.
(22) "Expenditure" includes a payment, contribution, subscription,
distribution, loan, advance, deposit, or gift of money or anything of
value, and includes a contract, promise, or agreement, whether or not
legally enforceable, to make an expenditure. The term "expenditure"
also includes a promise to pay, a payment, or a transfer of anything of
value in exchange for goods, services, property, facilities, or
anything of value for the purpose of assisting, benefiting, or honoring
any public official or candidate, or assisting in furthering or
opposing any election campaign. For the purposes of this chapter,
agreements to make expenditures, contracts, and promises to pay may be
reported as estimated obligations until actual payment is made. The
term "expenditure" shall not include the partial or complete repayment
by a candidate or political committee of the principal of a loan, the
receipt of which loan has been properly reported.
(23) "Final report" means the report described as a final report in
RCW 42.17.080(2).
(24) "General election" for the purposes of RCW 42.17.640 means the
election that results in the election of a person to a state office.
It does not include a primary.
(25) "Gift," is as defined in RCW 42.52.010.
(26) "Immediate family" includes the spouse, dependent children,
and other dependent relatives, if living in the household. For the
purposes of RCW 42.17.640 through 42.17.790 and sections 3 through 13
of this act, "immediate family" means an individual's spouse, and
child, stepchild, grandchild, parent, stepparent, grandparent, brother,
half brother, sister, or half sister of the individual and the spouse
of any such person and a child, stepchild, grandchild, parent,
stepparent, grandparent, brother, half brother, sister, or half sister
of the individual's spouse and the spouse of any such person.
(27) "Incumbent" means a person who is in present possession of an
elected office.
(28) "Independent expenditure" means an expenditure that has each
of the following elements:
(a) It is made in support of or in opposition to a candidate for
office by a person who is not (i) a candidate for that office, (ii) an
authorized committee of that candidate for that office, (iii) a person
who has received the candidate's encouragement or approval to make the
expenditure, if the expenditure pays in whole or in part for political
advertising supporting that candidate or promoting the defeat of any
other candidate or candidates for that office, or (iv) a person with
whom the candidate has collaborated for the purpose of making the
expenditure, if the expenditure pays in whole or in part for political
advertising supporting that candidate or promoting the defeat of any
other candidate or candidates for that office;
(b) The expenditure pays in whole or in part for political
advertising that either specifically names the candidate supported or
opposed, or clearly and beyond any doubt identifies the candidate
without using the candidate's name; and
(c) The expenditure, alone or in conjunction with another
expenditure or other expenditures of the same person in support of or
opposition to that candidate, has a value of five hundred dollars or
more. A series of expenditures, each of which is under five hundred
dollars, constitutes one independent expenditure if their cumulative
value is five hundred dollars or more.
(29)(a) "Intermediary" means an individual who transmits a
contribution to a candidate or committee from another person unless the
contribution is from the individual's employer, immediate family as
defined for purposes of RCW 42.17.640 through 42.17.790 and sections 3
through 13 of this act, or an association to which the individual
belongs.
(b) A treasurer or a candidate is not an intermediary for purposes
of the committee that the treasurer or candidate serves.
(c) A professional fund-raiser is not an intermediary if the fund-raiser is compensated for fund-raising services at the usual and
customary rate.
(d) A volunteer hosting a fund-raising event at the individual's
home is not an intermediary for purposes of that event.
(30) "Legislation" means bills, resolutions, motions, amendments,
nominations, and other matters pending or proposed in either house of
the state legislature, and includes any other matter that may be the
subject of action by either house or any committee of the legislature
and all bills and resolutions that, having passed both houses, are
pending approval by the governor.
(31) "Lobby" and "lobbying" each mean attempting to influence the
passage or defeat of any legislation by the legislature of the state of
Washington, or the adoption or rejection of any rule, standard, rate,
or other legislative enactment of any state agency under the state
Administrative Procedure Act, chapter 34.05 RCW. Neither "lobby" nor
"lobbying" includes an association's or other organization's act of
communicating with the members of that association or organization.
(32) "Lobbyist" includes any person who lobbies either in his or
her own or another's behalf.
(33) "Lobbyist's employer" means the person or persons by whom a
lobbyist is employed and all persons by whom he or she is compensated
for acting as a lobbyist.
(34) "Participate" means that, with respect to a particular
election, an entity:
(a) Makes either a monetary or in-kind contribution to a candidate;
(b) Makes an independent expenditure or electioneering
communication in support of or opposition to a candidate;
(c) Endorses a candidate prior to contributions being made by a
subsidiary corporation or local unit with respect to that candidate or
that candidate's opponent;
(d) Makes a recommendation regarding whether a candidate should be
supported or opposed prior to a contribution being made by a subsidiary
corporation or local unit with respect to that candidate or that
candidate's opponent; or
(e) Directly or indirectly collaborates or consults with a
subsidiary corporation or local unit on matters relating to the support
of or opposition to a candidate, including, but not limited to, the
amount of a contribution, when a contribution should be given, and what
assistance, services or independent expenditures, or electioneering
communications, if any, will be made or should be made in support of or
opposition to a candidate.
(35) "Person" includes an individual, partnership, joint venture,
public or private corporation, association, federal, state, or local
governmental entity or agency however constituted, candidate,
committee, political committee, political party, executive committee
thereof, or any other organization or group of persons, however
organized.
(36) "Person in interest" means the person who is the subject of a
record or any representative designated by that person, except that if
that person is under a legal disability, the term "person in interest"
means and includes the parent or duly appointed legal representative.
(37) "Political advertising" includes any advertising displays,
newspaper ads, billboards, signs, brochures, articles, tabloids,
flyers, letters, radio or television presentations, or other means of
mass communication, used for the purpose of appealing, directly or
indirectly, for votes or for financial or other support or opposition
in any election campaign.
(38) "Political committee" means any person (except a candidate or
an individual dealing with his or her own funds or property) having the
expectation of receiving contributions or making expenditures in
support of, or opposition to, any candidate or any ballot proposition.
(39) "Primary" for the purposes of RCW 42.17.640 means the
procedure for nominating a candidate to state office under chapter
29A.52 RCW or any other primary for an election that uses, in large
measure, the procedures established in chapter 29A.52 RCW.
(40) "Public office" means any federal, state, judicial, county,
city, town, school district, port district, special district, or other
state political subdivision elective office.
(41) "Public record" includes any writing containing information
relating to the conduct of government or the performance of any
governmental or proprietary function prepared, owned, used, or retained
by any state or local agency regardless of physical form or
characteristics. For the office of the secretary of the senate and the
office of the chief clerk of the house of representatives, public
records means legislative records as defined in RCW 40.14.100 and also
means the following: All budget and financial records; personnel
leave, travel, and payroll records; records of legislative sessions;
reports submitted to the legislature; and any other record designated
a public record by any official action of the senate or the house of
representatives.
(42) "Recall campaign" means the period of time beginning on the
date of the filing of recall charges under RCW 29A.56.120 and ending
thirty days after the recall election.
(43) "Sponsor of an electioneering communications, independent
expenditures, or political advertising" means the person paying for the
electioneering communication, independent expenditure, or political
advertising. If a person acts as an agent for another or is reimbursed
by another for the payment, the original source of the payment is the
sponsor.
(44) "State legislative office" means the office of a member of the
state house of representatives or the office of a member of the state
senate.
(45) "State office" means state legislative office or the office of
governor, lieutenant governor, secretary of state, attorney general,
commissioner of public lands, insurance commissioner, superintendent of
public instruction, state auditor, or state treasurer.
(46) "State official" means a person who holds a state office.
(47) "Surplus funds" mean, in the case of a political committee or
candidate, the balance of contributions that remain in the possession
or control of that committee or candidate subsequent to the election
for which the contributions were received, and that are in excess of
the amount necessary to pay remaining debts incurred by the committee
or candidate prior to that election. In the case of a continuing
political committee, "surplus funds" mean those contributions remaining
in the possession or control of the committee that are in excess of the
amount necessary to pay all remaining debts when it makes its final
report under RCW 42.17.065.
(48) "Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means of recording any
form of communication or representation, including, but not limited to,
letters, words, pictures, sounds, or symbols, or combination thereof,
and all papers, maps, magnetic or paper tapes, photographic films and
prints, motion picture, film and video recordings, magnetic or punched
cards, discs, drums, diskettes, sound recordings, and other documents
including existing data compilations from which information may be
obtained or translated.
As used in this chapter, the singular shall take the plural and any
gender, the other, as the context requires.
Sec. 16 RCW 42.17.128 and 1993 c 2 s 24 are each amended to read
as follows:
Except as provided in sections 3 through 13 of this act, public
funds, whether derived through taxes, fees, penalties, or any other
sources, shall not be used to finance political campaigns for state or
local office.
Sec. 17 RCW 42.17.130 and 2006 c 215 s 2 are each amended to read
as follows:
Except as provided in sections 3 through 13 of this act, no
elective official nor any employee of his (([or her])) or her office
nor any person appointed to or employed by any public office or agency
may use or authorize the use of any of the facilities of a public
office or agency, directly or indirectly, for the purpose of assisting
a campaign for election of any person to any office or for the
promotion of or opposition to any ballot proposition. Facilities of a
public office or agency include, but are not limited to, use of
stationery, postage, machines, and equipment, use of employees of the
office or agency during working hours, vehicles, office space,
publications of the office or agency, and clientele lists of persons
served by the office or agency. However, this does not apply to the
following activities:
(1) Action taken at an open public meeting by members of an elected
legislative body or by an elected board, council, or commission of a
special purpose district including, but not limited to, fire districts,
public hospital districts, library districts, park districts, port
districts, public utility districts, school districts, sewer districts,
and water districts, to express a collective decision, or to actually
vote upon a motion, proposal, resolution, order, or ordinance, or to
support or oppose a ballot proposition so long as (a) any required
notice of the meeting includes the title and number of the ballot
proposition, and (b) members of the legislative body, members of the
board, council, or commission of the special purpose district, or
members of the public are afforded an approximately equal opportunity
for the expression of an opposing view;
(2) A statement by an elected official in support of or in
opposition to any ballot proposition at an open press conference or in
response to a specific inquiry;
(3) Activities which are part of the normal and regular conduct of
the office or agency.
Sec. 18 RCW 42.17.640 and 2006 c 348 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) Candidates for 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;
(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 or county office that in the aggregate exceed seven
hundred dollars or to a candidate for a public office in a special
purpose district or a state office other than a state legislative
office that in the aggregate exceed one thousand four hundred 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.
(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 seven hundred dollars if for a state legislative
office or county office or one thousand four hundred dollars if for a
special purpose district office or a state office other than a state
legislative office.
(4)(a) Notwithstanding subsection (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)
seventy 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) thirty-five 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 thirty-five cents times the number of registered voters in the
jurisdiction from which the candidate is elected.
(5)(a) Notwithstanding subsection (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) seventy 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) thirty-five 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 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 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 thirty-five cents multiplied by the number of registered voters in the
jurisdiction from which the candidate is elected.
(6) For purposes of determining contribution limits under
subsections (4) and (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.
(7) Notwithstanding subsections (2) through (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
seven hundred dollars in a calendar year or to a bona fide political
party that in the aggregate exceed three thousand five hundred dollars
in a calendar year. This subsection does not apply to loans made in
the ordinary course of business.
(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
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 official.
(9) A contribution received within the twelve-month period after a
recall election concerning 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.
(10) The contributions allowed by subsection (3) of this section
are in addition to those allowed by subsection (2) of this section, and
the contributions allowed by subsection (5) of this section are in
addition to those allowed by subsection (4) of this section.
(11) RCW 42.17.640 through 42.17.790 apply to a special election
conducted to fill a vacancy in 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.
(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.
(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, or 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 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 official.
(14) No person may accept contributions that exceed the
contribution limitations provided in this section.
(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; or
(c) A contribution made by an immediate family member in compliance
with section 3 or 4 of this act.
NEW SECTION. Sec. 19 Sections 3 through 13 of this act are each
added to chapter
NEW SECTION. Sec. 20 Captions used in this act are not part of
the law.
NEW SECTION. Sec. 21 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 22 This act expires January 1, 2013. By
January 1, 2012, the governor shall report to the legislature on the
effectiveness of the judicial independence act and make recommendations
on whether or not the judicial independence act shall continue.
NEW SECTION. Sec. 23 If specific funding for the purposes of
this act, referencing this act by bill or chapter number, is not
provided by June 30, 2007, in the omnibus appropriations act, this act
is null and void.