BILL REQ. #: H-1214.1
State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 02/06/13. Referred to Committee on Government Operations & Elections.
AN ACT Relating to increasing transparency of donors to candidates and ballot measures; amending RCW 29A.32.031, 29A.32.070, 29A.36.106, and 29A.36.161; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature finds that the voters of
the state of Washington have overwhelmingly affirmed the public's right
to know about the financing of political activity. Recognizing that
Initiative 276, which created the public disclosure commission and
serves as the foundation of Washington's disclosure and campaign
finance laws, was approved with over seventy-two percent of voters in
support, the legislature also finds that maintaining the tradition of
transparency in campaigns and political activities in the state of
Washington is a top priority for citizens throughout Washington state.
(2) Therefore, it is the intent of the legislature to increase
transparency and ensure that voters be provided easy access to accurate
information about the sources of money supporting or opposing
candidates and ballot measures by printing the public disclosure
commission's web site on voters' pamphlets and ballots for each primary
and general election.
Sec. 2 RCW 29A.32.031 and 2011 c 60 s 13 are each amended to read
as follows:
The voters' pamphlet published or distributed under RCW 29A.32.010
must contain:
(1) Information about each measure for an advisory vote of the
people and each ballot measure initiated by or referred to the voters
for their approval or rejection as required by RCW 29A.32.070;
(2) In even-numbered years, statements, if submitted, from
candidates for the office of president and vice president of the United
States, United States senator, United States representative, governor,
lieutenant governor, secretary of state, state treasurer, state
auditor, attorney general, commissioner of public lands, superintendent
of public instruction, insurance commissioner, state senator, state
representative, justice of the supreme court, judge of the court of
appeals, or judge of the superior court. Candidates may also submit
campaign contact information and a photograph not more than five years
old in a format that the secretary of state determines to be suitable
for reproduction in the voters' pamphlet;
(3) In odd-numbered years, if any office voted upon statewide
appears on the ballot due to a vacancy, then statements and photographs
for candidates for any vacant office listed in subsection (2) of this
section must appear;
(4) Contact information for the public disclosure commission
established under RCW 42.17A.100, including the following statement:
"For a list of the people and organizations that donated to state and
local candidates and ballot measure campaigns, visit www.pdc.wa.gov.";
(5) Contact information for major political parties;
(6) A brief statement explaining the deletion and addition of
language for proposed measures under RCW 29A.32.080; and
(7) Any additional information pertaining to elections as may be
required by law or in the judgment of the secretary of state is deemed
informative to the voters.
Sec. 3 RCW 29A.32.070 and 2009 c 415 s 5 are each amended to read
as follows:
The secretary of state shall determine the format and layout of the
voters' pamphlet published under RCW 29A.32.010. The secretary of
state shall print the pamphlet in clear, readable type on a size,
quality, and weight of paper that in the judgment of the secretary of
state best serves the voters. The pamphlet must contain a table of
contents. Measures and arguments must be printed in the order
specified by RCW 29A.72.290.
The voters' pamphlet must provide the following information for
each statewide issue on the ballot except measures for an advisory vote
of the people whose requirements are provided in subsection (((11)))
(12) of this section:
(1) The legal identification of the measure by serial designation
or number;
(2) The official ballot title of the measure;
(3) A statement prepared by the attorney general explaining the law
as it presently exists;
(4) A statement prepared by the attorney general explaining the
effect of the proposed measure if it becomes law;
(5) The fiscal impact statement prepared under RCW 29A.72.025;
(6) The total number of votes cast for and against the measure in
the senate and house of representatives, if the measure has been passed
by the legislature;
(7) An argument advocating the voters' approval of the measure
together with any statement in rebuttal of the opposing argument;
(8) An argument advocating the voters' rejection of the measure
together with any statement in rebuttal of the opposing argument;
(9) Each argument or rebuttal statement must be followed by the
names of the committee members who submitted them, and may be followed
by a telephone number that citizens may call to obtain information on
the ballot measure;
(10) The following statement: "For a list of the people and
organizations that donated to state and local candidates and ballot
measure campaigns, visit www.pdc.wa.gov.";
(11) The full text of the measure;
(((11))) (12) Two pages shall be provided in the general election
voters' pamphlet for each measure for an advisory vote of the people
under RCW 43.135.041 and shall consist of the serial number assigned by
the secretary of state under RCW 29A.72.040, the short description
formulated by the attorney general under RCW 29A.72.283, the tax
increase's most up-to-date ten-year cost projection, including a
year-by-year breakdown, by the office of financial management under RCW
43.135.031, and the names of the legislators, and their contact
information, and how they voted on the increase upon final passage so
they can provide information to, and answer questions from, the public.
For the purposes of this subsection, "names of legislators, and their
contact information" includes each legislator's position (senator or
representative), first name, last name, party affiliation (for example,
Democrat or Republican), city or town they live in, office phone
number, and office e-mail address.
Sec. 4 RCW 29A.36.106 and 2007 c 38 s 3 are each amended to read
as follows:
(1) If the consolidated ballot format is used, the major political
party identification check-off box must appear on the primary ballot
before all offices and ballot measures. Clear and concise instructions
to the voter must be prominently displayed immediately before the list
of major political parties, and must include:
(a) A statement that, for partisan offices, the voter may only vote
for candidates of one political party;
(b) A question asking the voter to indicate the major political
party with which the voter chooses to affiliate;
(c) A statement that, for a major political party candidate, only
votes cast by voters who choose to affiliate with that same major
political party will be tabulated and reported;
(d) A statement that votes cast for a major political party
candidate by a voter who chooses to affiliate with a different major
political party will not be tabulated or reported;
(e) A statement that votes cast for a major political party
candidate by a voter who selects more than one major political party
with which to affiliate will not be tabulated or reported; ((and))
(f) A statement that party affiliation will not affect votes cast
for candidates for nonpartisan offices, or for or against ballot
measures; and
(g) The statement: "For a list of the people and organizations
that donated to state and local candidates and ballot measure
campaigns, visit www.pdc.wa.gov."
(2) If the physically separate ballot format is used, clear and
concise instructions to the voter must be prominently displayed, and
must include:
(a) A statement that, for partisan offices, the voter may only vote
for candidates of one political party;
(b) A statement explaining that only one ballot may be voted;
(c) A statement explaining that if more than one party ballot is
voted, none of the partisan races will be tabulated or reported;
((and))
(d) A statement explaining that the nonpartisan ballot only lists
nonpartisan races and ballot measures and does not list partisan races;
and
(e) The statement: "For a list of the people and organizations
that donated to state and local candidates and ballot measure
campaigns, visit www.pdc.wa.gov."
Sec. 5 RCW 29A.36.161 and 2011 c 10 s 33 are each amended to read
as follows:
(1) On the top of each ballot must be printed:
(a) Clear and concise instructions directing the voter how to mark
the ballot, including write-in votes; and
(b) The following statement: "For a list of the people and
organizations that donated to state and local candidates and ballot
measure campaigns, visit www.pdc.wa.gov."
(2) On the top of each primary ballot must be printed the
instructions required by this chapter.
(((2))) (3) The ballot must have a clear delineation between the
ballot instructions and the first ballot measure or office through the
use of white space, illustration, shading, color, symbol, font size, or
bold type. The secretary of state shall establish standards for ballot
design and layout consistent with this section and RCW 29A.04.611.
(((3))) (4) The questions of adopting constitutional amendments or
any other state measure authorized by law to be submitted to the voters
at that election must appear after the instructions and before any
offices.
(((4))) (5) In a year that president and vice president appear on
the general election ballot, the names of candidates for president and
vice president for each political party must be grouped together with
a single response position for a voter to indicate his or her choice.
(((5))) (6) On a general election ballot, the candidate or
candidates of the major political party that received the highest
number of votes from the electors of this state for the office of
president of the United States at the last presidential election must
appear first following the appropriate office heading. The candidate
or candidates of the other major political parties will follow
according to the votes cast for their nominees for president at the
last presidential election, and independent candidates and the
candidate or candidates of all other parties will follow in the order
of their qualification with the secretary of state.