RCW 42.17A.775
Citizen's action.
(1) A person who has reason to believe that a provision of this chapter is being or has been violated may bring a citizen's action in the name of the state, in accordance with the procedures of this section.
(2) A citizen's action may be brought and prosecuted only if the person first has filed a complaint with the commission and:
(a) The commission has not taken action authorized under RCW 42.17A.755(1) within ninety days of the complaint being filed with the commission, and the person who initially filed the complaint with the commission provided written notice to the attorney general in accordance with RCW 42.17A.755(5) and the attorney general has not commenced an action, or published a decision whether to commence action pursuant to RCW 42.17A.765(1)(b), within forty-five days of receiving the notice;
(b) For matters referred to the attorney general within ninety days of the commission receiving the complaint, the attorney general has not commenced an action, or published a decision whether to commence an action pursuant to RCW 42.17A.765(1)(b), within forty-five days of receiving referral from the commission; and
(c) The person who initially filed the complaint with the commission has provided notice of a citizen's action in accordance with subsection (3) of this section and the commission or the attorney general has not commenced action within the ten days provided under subsection (3) of this section.
(3) To initiate the citizen's action, after meeting the requirements under subsection (2) (a) and (b) of this section, a person must notify the attorney general and the commission that the person will commence a citizen's action within ten days if the commission does not take action authorized under RCW 42.17A.755(1), or the attorney general does not commence an action or publish a decision whether to commence an action pursuant to RCW 42.17A.765(1)(b). The attorney general and the commission must notify the other of its decision whether to commence an action.
(4) The citizen's action must be commenced within two years after the date when the alleged violation occurred and may not be commenced against a committee or incidental committee before the end of such period if the committee or incidental committee has received an acknowledgment of dissolution.
(5) If the person who brings the citizen's action prevails, the judgment awarded shall escheat to the state, but he or she shall be entitled to be reimbursed by the state for reasonable costs and reasonable attorneys' fees the person incurred. In the case of a citizen's action that is dismissed and that the court also finds was brought without reasonable cause, the court may order the person commencing the action to pay all trial costs and reasonable attorneys' fees incurred by the defendant.
[ 2019 c 428 § 40; 2018 c 304 § 16.]
NOTES:
Effective date—Finding—Intent—2019 c 428: See notes following RCW 42.17A.160.
Finding—Intent—2018 c 304: See note following RCW 42.17A.235.
Structure Revised Code of Washington
Title 42 - Public Officers and Agencies
Chapter 42.17A - Campaign Disclosure and Contribution.
42.17A.001 - Declaration of policy.
42.17A.010 - Conservation district exception.
42.17A.020 - Statements and reports public records.
42.17A.055 - Electronic filing—Availability.
42.17A.060 - Access to reports—Legislative intent.
42.17A.065 - Access performance measures.
42.17A.105 - Commission—Duties.
42.17A.110 - Commission—Additional powers.
42.17A.120 - Suspension or modification of reporting requirements.
42.17A.125 - Revising monetary contribution limits, reporting thresholds, and code values.
42.17A.130 - Duties of attorney general.
42.17A.135 - Application of reporting requirements in small political subdivisions.
42.17A.140 - Date of receipt—Exceptions—Electronic filings.
42.17A.145 - Certification of reports.
42.17A.150 - Duty to preserve statements and reports.
42.17A.200 - Application of chapter—Exceptions.
42.17A.205 - Statement of organization by political committees.
42.17A.207 - Statement of organization by incidental committees.
42.17A.220 - Deposit of contributions—Investment—Unidentified contributions.
42.17A.225 - Filing and reporting by continuing political committee.
42.17A.230 - Fund-raising activities—Alternative reporting method.
42.17A.235 - Reporting of contributions and expenditures—Public inspection of accounts.
42.17A.240 - Contents of report.
42.17A.250 - Out-of-state political committees—Reports.
42.17A.255 - Special reports—Independent expenditures.
42.17A.260 - Special reports—Political advertising.
42.17A.270 - Earmarked contributions.
42.17A.300 - Findings—Intent—Rule-making authority.
42.17A.305 - Report—Information required—Time—Method—By whom—Penalty.
42.17A.310 - When a contribution.
42.17A.320 - Identification of sponsor—Exemptions.
42.17A.330 - Picture of candidate.
42.17A.335 - Political advertising or electioneering communication—Libel or defamation per se.
42.17A.340 - Responsibility for compliance.
42.17A.345 - Commercial advertisers—Public inspection of documents—Copies to commission.
42.17A.350 - Top five contributors to political advertisement.
42.17A.405 - Limits specified—Exemptions.
42.17A.417 - Foreign nationals—Contributions, expenditures, and electioneering prohibited.
42.17A.418 - Foreign nationals—Contribution certification.
42.17A.420 - Reportable contributions—Preelection limitations.
42.17A.425 - Expenditures—Authorization of and restrictions on.
42.17A.430 - Disposal of surplus funds.
42.17A.435 - Identification of contributions and communications.
42.17A.440 - Candidates' political committees—Limitations.
42.17A.442 - Contributions by political committees to political committees.
42.17A.445 - Personal use of contributions—When permitted.
42.17A.450 - Attribution and aggregation of family contributions.
42.17A.455 - Attribution of contributions by controlled entities.
42.17A.460 - Attribution of contributions generally—"Earmarking."
42.17A.465 - Restriction on loans.
42.17A.470 - Contributions on behalf of another.
42.17A.475 - Certain contributions required to be by written instrument.
42.17A.480 - Solicitation of endorsement fees.
42.17A.485 - Reimbursement for contributions.
42.17A.490 - Prohibition on use of contributions for a different office.
42.17A.495 - Limitations on employers or labor organizations.
42.17A.500 - Agency shop fees as contributions.
42.17A.550 - Use of public funds for political purposes.
42.17A.555 - Use of public office or agency facilities in campaigns—Prohibition—Exceptions.
42.17A.560 - Time limit for state official to solicit or accept contributions.
42.17A.565 - Solicitation of contributions by public officials or employees.
42.17A.575 - Public service announcements.
42.17A.600 - Registration of lobbyists.
42.17A.603 - Code of conduct—Verification—Penalty.
42.17A.605 - Photograph and information—Publication.
42.17A.610 - Exemption from registration and reporting.
42.17A.615 - Reporting by lobbyists—Rules.
42.17A.620 - Notification to person named in report.
42.17A.625 - Special reports—Lobbyists—Late contributions or large totals.
42.17A.630 - Reports by employers of registered lobbyists, other persons.
42.17A.640 - Grass roots lobbying campaigns.
42.17A.650 - Employment of unregistered persons.
42.17A.655 - Lobbyists' duties, restrictions—Penalties for violations.
42.17A.705 - "Executive state officer" defined.
42.17A.710 - Statement of financial affairs—Contents.
42.17A.715 - Concealing identity of source of payment prohibited—Exception.
42.17A.750 - Civil remedies and sanctions—Referral for criminal prosecution.
42.17A.755 - Violations—Determination by commission—Penalties—Procedure.
42.17A.765 - Enforcement—Attorney general.
42.17A.770 - Limitation on actions.
42.17A.775 - Citizen's action.
42.17A.780 - Damages, costs, and attorneys' fees—Joint and several liability.
42.17A.785 - Public disclosure transparency account.
42.17A.900 - Effective date—1973 c 1.
42.17A.904 - Construction—1973 c 1.
42.17A.905 - Chapter, section headings not part of law.
42.17A.906 - Repealer—1973 c 1.
42.17A.907 - Construction—1975-'76 2nd ex.s. c 112.
42.17A.909 - Short title—1993 c 2.
42.17A.910 - Effective date—1995 c 397.
42.17A.911 - Captions—1995 c 397.
42.17A.915 - Effective dates—2005 c 445.
42.17A.917 - Effective date—2010 c 204 §§ 505, 602, and 703.
42.17A.918 - Effective date—2010 c 204.