Washington State Public Disclosure Commission

Last updated
Logo for the PDC Washington State Public Disclosure Commission (logo).svg
Logo for the PDC

The Washington State Public Disclosure Commission (PDC) is an agency of the Washington state government that regulates candidates, campaigns and lobbyists. It enforces the state's disclosure and campaign finances laws, and provides public access to information about lobbying activities, the financial affairs of elected and appointed public officials, and campaign contributions and expenditures.

Contents

Voters authorized the creation of the PDC in 1972 with the passage of Initiative 276, which declared that “The public’s right to know of the financing of political campaigns and lobbying and the financial affairs of elected officials and candidates far outweighs any right that these matters remain secret and private.” [1] Opponents called I-276 "well-intentioned but certainly over-enthusiastic legislation," and contended it would violate the privacy of campaign donors and discourage participation in the political process. [2]

Despite those concerns, the ballot measure was approved by 72% of the vote and became effective January 1, 1973. The laws governing the PDC are found in the Revised Code of Washington, Title 42, Chapter 17a.

The main function of the law is to require financial disclosures about political campaigns and lobbying contributions and expenditures. Some provisions go beyond disclosure to regulate conduct, such as a prohibition against use of public facilities in electoral politics. The campaign finance regulations do not apply to those seeking federal elective office, precinct committee office, or offices in some of the state's smallest political subdivisions.

In 1992, voters expanded campaign finance restrictions by overwhelmingly approving Initiative 134. The initiative set limits on contributions to state executive and legislative candidates, political parties, and legislative caucuses. [3]

The five-member Public Disclosure Commission administers and enforces the Campaign Disclosure and Contribution Act. It meets, usually in Olympia, on the fourth Thursday of each month, except during November and December, when a combined meeting is scheduled for the first or second week of December.

The current chair of the Commission is Fred Jarrett. Commission members are appointed by the Governor and confirmed by the Senate. Each member serves a single five-year term. No more than three members may be from the same political party, and none of the members may be involved in electoral politics. [4]

The Commission is a quasi-judicial body that hears cases that allege violations of these campaign finance and disclosure laws. It may assess penalties of up to $10,000 per violation, unless the parties stipulate otherwise. The Commission also appoints an executive director who oversees a staff that is focused on assisting individuals with compliance, providing easy public access to data, and referring possible violations to the Commission for enforcement. The agency has an annual budget of more than $5 million and the equivalent of 31 full-time employees.

See also

Related Research Articles

Campaign finance laws in the United States have been a contentious political issue since the early days of the union. The Bipartisan Campaign Reform Act (BCRA) of 2002, also known as "McCain-Feingold", is the most recent major federal law affecting campaign finance, the key provisions of which prohibited unregulated contributions to national political parties and limited the use of corporate and union money to fund ads discussing political issues within 60 days of a general election or 30 days of a primary election, until BCRA's provisions limiting corporate and union expenditures for issue advertising were overturned in Federal Election Commission v. Wisconsin Right to Life.

In the United States, a political action committee (PAC) is a 527 organization that pools campaign contributions from members and donates those funds to campaigns for or against candidates, ballot initiatives, or legislation. The legal term PAC has been created in pursuit of campaign finance reform in the United States. This term is quite specific to all activities of campaign finance in the United States. Democracies of other countries use different terms for the units of campaign spending or spending on political competition. At the U.S. federal level, an organization becomes a PAC when it receives or spends more than $1,000 for the purpose of influencing a federal election, and registers with the Federal Election Commission (FEC), according to the Federal Election Campaign Act as amended by the Bipartisan Campaign Reform Act of 2002. At the state level, an organization becomes a PAC according to the state's election laws.

<span class="mw-page-title-main">Federal Election Commission</span> United States independent regulatory agency that regulates federal elections

The Federal Election Commission (FEC) is an independent regulatory agency of the United States whose purpose is to enforce campaign finance law in United States federal elections. Created in 1974 through amendments to the Federal Election Campaign Act, the commission describes its duties as "to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of Presidential elections."

Buckley v. Valeo, 424 U.S. 1 (1976), was a landmark decision of the US Supreme Court on campaign finance. A majority of justices held that, as provided by section 608 of the Federal Election Campaign Act of 1971, limits on election expenditures are unconstitutional. In a per curiam opinion, they ruled that expenditure limits contravene the First Amendment provision on freedom of speech because a restriction on spending for political communication necessarily reduces the quantity of expression. It limited disclosure provisions and limited the Federal Election Commission's power. Justice Byron White dissented in part and wrote that Congress had legitimately recognized unlimited election spending "as a mortal danger against which effective preventive and curative steps must be taken".

Federal Election Campaign Act

The Federal Election Campaign Act of 1971 is the primary United States federal law regulating political campaign fundraising and spending. The law originally focused on increased disclosure of contributions for federal political campaigns. The Act was signed into law by President Richard Nixon on February 7, 1972.

<span class="mw-page-title-main">Campaign finance in the United States</span> Contributions to American election campaign funds

Campaign finance in the United States is the financing of electoral campaigns at the federal, state, and local levels. At the federal level, campaign finance law is enacted by Congress and enforced by the Federal Election Commission (FEC), an independent federal agency. Although most campaign spending is privately financed, public financing is available for qualifying candidates for President of the United States during both the primaries and the general election. Eligibility requirements must be fulfilled to qualify for a government subsidy, and those that do accept government funding are usually subject to spending limits on money.

The Standards in Public Office Commission (SIPO) is an independent body established in December 2001 by the Irish Government under the Standards in Public Office Act, 2001. It replaced the Public Offices Commission which was established in November 1995 by the Ethics in Public Office Act, 1995.

Honest Leadership and Open Government Act United States lobbying law

The Honest Leadership and Open Government Act of 2007 is a law of the United States federal government that amended parts of the Lobbying Disclosure Act of 1995. It strengthens public disclosure requirements concerning lobbying activity and funding, places more restrictions on gifts for members of Congress and their staff, and provides for mandatory disclosure of earmarks in expenditure bills. The bill was signed into law by President George W. Bush on September 14, 2007.

Federal Corrupt Practices Act

The Federal Corrupt Practices Act, also known as the Publicity Act, was a federal law of the United States that was enacted in 1910 and amended in 1911 and 1925. It remained the nation's primary law regulating campaign finance in federal elections until the passage of the Federal Election Campaign Act in 1971. The Act was signed by President William Howard Taft on June 25, 1910.

1972 Washington Initiative 276

Initiative to the People 276 was a law approved by the people of Washington in a vote (plebiscite) held in 1972. The law required the state government to establish the Washington State Public Disclosure Commission in order to provide information to the public about campaign fundraising and expenditures The initiative was passed by the people at the same time as the November 1972 general election, by a margin of 72.02% to 27.98%.

Oregon ballot measures 46 and 47 were two ballot measures presented as a single package to voters; 46 would have amended the Constitution to allow limitations on campaign financing ; and 47 detailed specific limitations. While Measure 47 passed, 46 did not, and the Secretary of State and Attorney General now refuse to enforce Measure 47 despite not having made constitutional challenges in court during cases filed against them to compel enforcement.

Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), was a landmark decision of the Supreme Court of the United States regarding campaign finance laws and free speech under the First Amendment to the U.S. Constitution. It was argued in 2009 and decided in 2010. The court held 5-4 that the free speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations, including nonprofit corporations, labor unions, and other associations.

The New Jersey Election Law Enforcement Commission (ELEC) is an independent governmental agency that is responsible for monitoring the integrity of campaign finances in elections in New Jersey. The Commission was established in 1973.

2012 Washington Initiative 502 2012 ballot initiative in Washington, United States, concerning marijuana reform

Washington Initiative 502 (I-502) "on marijuana reform" was an initiative to the Washington State Legislature, which appeared on the November 2012 general ballot, passing by a margin of approximately 56 to 44 percent. Originally submitted to the Washington Secretary of State during the summer of 2011, enough signatures were collected and submitted by December to meet the required 241,153 signatures, sending it to the legislature. When the legislature adjourned without action in April, Initiative 502 automatically advanced to the November 2012 general ballot. It was approved by popular vote on November 6, and took effect over the course of a year, beginning with certification no later than December 6, 2012. Along with a similar Colorado measure, Initiative 502 was credited for encouraging voter turnout of 81%, the highest in the nation.

2012 Washington Initiative 1240 Ballot measure in Washington that created a public charter school system

Washington Initiative 1240 "concerns creation of a public charter school system" was an initiative that appeared on the Washington state general ballot in November 2012. Originally filed with the Washington Secretary of State on May 31, proponents and paid signature gatherers collected enough signatures to be certified for the ballot on July 25, making it one of the fastest initiatives ever to do so, at an estimated cost of more than $6 per signature. Proposed charter schools would receive public funding but not be governed by local school districts. An August 2012 financial impact study by the state Office of Financial Management estimated "an indeterminate, but non-zero, fiscal impact to local public school districts" and "known state agency implementation costs" of at least $3 million in the first five years. The initiative was approved by voters in November 2012.

2012 Washington Initiative 1185 Ballot measure in Washington that required tax increases receive a supermajority vote

Washington Initiative 1185 was a 2012 initiative in Washington state. It passed with 63.91% of the vote, but portions were declared unconstitutional in February 2013.

New York City Campaign Finance Board

The New York CityCampaign Finance Board (CFB) is an independent New York City agency that serves to provide campaign finance information to the public, enable more citizens to run for office by granting public matching funds, increase voter participation and awareness, strengthen the role of small contributors, and reduce the potential for actual or perceived corruption.

<span class="mw-page-title-main">American Anti-Corruption Act</span> American model legislation

The American Anti-Corruption Act (AACA), sometimes shortened to Anti-Corruption Act, is a piece of model legislation designed to limit the influence of money in American politics by overhauling lobbying, transparency, and campaign finance laws. It was crafted in 2011 "by former Federal Election Commission chairman Trevor Potter in consultation with dozens of strategists, democracy reform leaders and constitutional attorneys from across the political spectrum," and is supported by reform organizations such as Represent.Us, which advocate for the passage of local, state, and federal laws modeled after the AACA. It is designed to limit or outlaw practices perceived to be major contributors to political corruption.

<i>FEC v. National Conservative PAC</i> 1985 United States Supreme Court case

FEC v. National Conservative PAC, 470 U.S. 480 (1985), was a decision by the Supreme Court of the United States striking down expenditure prohibitions of the Federal Election Campaign Act of 1971 (FECA), which regulates the fundraising and spending in political campaigns. The FECA is the primary law that places regulations on campaign financing by limiting the amount that may be contributed. The Act established that no independent political action committee may contribute more than $1,000 to any given presidential candidate in support of a campaign.

2020 Alaska Measure 2

Alaska Measure 2 was a ballot initiative approved by voters in Alaska as part of the 2020 United States elections. The proposal switched Alaska's primary system to a non-partisan blanket primary. The top four candidates progress to the general election, which is conducted with ranked-choice voting. Excluded from this is the election for U.S. president, which continues to utilize primaries based on political party. The initiative also requires additional disclosures of campaign financing.

References

  1. "Washington State's Public Disclosure Commission - Washington Coatlition for Open Government". Washington Coatlition for Open Government. 2016-08-06. Retrieved 2017-04-26.
  2. "Official Voters Pamphlet, Secretary of State" (PDF). 7 November 1972.
  3. "Text of Initiative 134" (PDF).
  4. "RCW 42.17A.100: Public disclosure commission—Established—Membership—Prohibited activities—Compensation, travel expenses". apps.leg.wa.gov. Retrieved 2017-04-26.