RCW ch. 29B.30 — Revised Code of Washington Chapter 29B.30 RCW — Political Advertising And Electioneering Communications

RCW 29B.30.010 Findings—Intent—Rule-making authority. (1) The legislature finds that: (a) Timely disclosure to voters of the identity and sources of funding for electioneering communications is vitally important to the integrity of state, local, and judicial elections. (b) Electioneering communications that identify political candidates for state, local, or judicial office and that are distributed 60 days before an election for those offices are intended to influence voters and the outcome of those elections. (c) The state has a compelling interest in providing voters information about electioneering communications in political campaigns concerning candidates for state, local, or judicial office so that voters can be fully informed as to the: (i) Source of support or opposition to those candidates; and (ii) identity of persons attempting to influence the outcome of state, local, and judicial candidate elections. (d) Nondisclosure of financial information about advertising that masquerades as relating only to issues and not to candidate campaigns fosters corruption or the appearance of corruption. These consequences can be substantially avoided by full disclosure of the identity and funding of those persons paying for such advertising. (e) The United States supreme court held in McConnell et al. v. Federal Elections Commission RCW 29B.30.020 Report—Information required—Time—Method—By whom—Penalty. (1) A payment for or promise to pay for any electioneering communication shall be reported to the commission by the sponsor on forms the commission shall develop by rule to include, at a minimum, the following information: (a) Name and address of the sponsor; (b) Source of funds for the communication, including: (i) General treasury funds. The name and address of businesses, unions, groups, associations, or other organizations using general treasury funds for the communication, however, if a business, union, group, association, or other organization undertakes a special solicitation of its members or other persons for an electioneering communication, or it otherwise receives funds for an electioneering communication, that entity shall report pursuant to (b)(ii) of this subsection; (ii) Special solicitations and other funds. The name, address, and, for individuals, occupation and employer, of a person whose funds were used to pay for the electioneering communication, along with the amount, if such funds from the person have exceeded two hundred fifty dollars in the aggregate for the electioneering communication; (iii) A statement from the sponsor that: (A) The electioneering communication is not financed in any part by a foreign national; and (B) Foreign nationals are not involved in making decisions regarding the electioneering communication in any way; and (iv) Any other source information required or exempted by the commission by rule; (c) Name and address of the person to whom an electioneering communication related expenditure was made; (d) A detailed description of each expenditure of more than one hundred dollars; (e) The date the expenditure was made and the date the electioneering communication was first broadcast, transmitted, mailed, erected, distributed, or otherwise published; (f) The amount of the expenditure; (g) The name of each candidate clearly identified in the electioneering communication, the office being sought by each candidate, and the amount of the expenditure attributable to each candidate; and (h) Any other information the commission may require or exempt by rule. (2) Electioneering communications shall be reported as follows: The sponsor of an electioneering communication shall report to the commission within 24 hours of, or on the first working day after, the date the electioneering communication is broadcast, transmitted, mailed, erected, distributed, digitally or otherwise, or otherwise published. (3) Electioneering communications shall be reported electronically by the sponsor using software provided or approved by the commission. The commission may make exceptions on a case-by-case basis for a sponsor who lacks the technological ability to file reports using the electronic means provided or approved by the commission. (4) All persons required to report under RCW 29B.25.070, 29B.25.090, 29B.25.100, and 29B.25.120 are subject to the requirements of this section, although the commission may determine by rule that persons filing according to those sections may be exempt from reporting some of the information otherwise required by this section. The commission may determine that reports filed pursuant to this section also satisfy the requirements of RCW 29B.25.120 and 29B.25.130. (5) Failure of any sponsor to report electronically under this section shall be a violation of this title. [ 2024 c 164 s 434; 2020 c 152 s 8; 2019 c 428 s 25; 2010 c 204 s 502; 2005 c 445 s 3. Formerly RCW 42.17A.305, 42.17.565.] NOTES: Intent— RCW 29B.30.030 When a contribution. (1) An electioneering communication made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate's authorized committee, or their agents is a contribution to the candidate. (2) An electioneering communication made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a political committee or its agents is a contribution to the political committee. (3) If an electioneering communication is not a contribution pursuant to subsection (1) or (2) of this section, the sponsor shall file an affidavit or declaration so stating at the time the sponsor is required to report the electioneering communication expense under RCW 29B.30.020. [ 2024 c 164 s 435; 2010 c 204 s 503; 2005 c 445 s 4. Formerly RCW 42.17A.310, 42.17.570.] NOTES: Intent— RCW 29B.30.040 Recordkeeping. (1) The sponsor of an electioneering communication shall preserve all financial records relating to the communication, including books of account, bills, receipts, contributor information, and ledgers, for not less than five calendar years following the year in which the communication was broadcast, transmitted, mailed, erected, or otherwise published. (2) All reports filed under RCW 29B.30.020 shall be certified as correct by the sponsor. If the sponsor is an individual using his or her own funds to pay for the communication, the certification shall be signed by the individual. If the sponsor is a political committee, the certification shall be signed by the committee treasurer. If the sponsor is another entity, the certification shall be signed by the individual responsible for authorizing the expenditure on the entity's behalf. [ 2024 c 164 s 436; 2010 c 204 s 504; 2005 c 445 s 5. Formerly RCW 42.17A.315, 42.17.575.] NOTES: Intent— RCW 29B.30.050 Identification of sponsor—Exemptions. (1) All written political advertising, whether relating to candidates or ballot propositions, shall include the sponsor's name and address. All radio and television political advertising, whether relating to candidates or ballot propositions, shall include the sponsor's name. The use of an assumed name for the sponsor of electioneering communications, independent expenditures, or political advertising shall be unlawful. For partisan office, if a candidate has expressed a party or independent preference on the declaration of candidacy, that party or independent designation shall be clearly identified in electioneering communications, independent expenditures, or political advertising. (2) In addition to the information required by subsection (1) of this section, except as specifically addressed in subsections (4) and (5) of this section, all political advertising undertaken as an independent expenditure or an electioneering communication by a person or entity other than a bona fide political party must include as part of the communication: (a) The statement: "No candidate authorized this ad. It is paid for by (name, address, city, state)"; (b) If the sponsor is a political committee, the statement: "Top Five Contributors," followed by a listing of the names of the five persons making the largest contributions as determined by RCW 29B.30.100(1); and if necessary, the statement "Top Three Donors to PAC Contributors," followed by a listing of the names of the three individuals or entities, other than political committees, making the largest aggregated contributions as determined by RCW 29B.30.100(2); and (c) If the sponsor is a political committee established, maintained, or controlled directly, or indirectly through the formation of one or more political committees, by an individual, corporation, union, association, or other entity, the full name of that individual or entity. (3) The information required by subsections (1) and (2) of this section shall: (a) Appear on the first page or fold of the written advertisement or communication in at least 10-point type, or in type at least ten percent of the largest size type used in a written advertisement or communication directed at more than one voter, such as a billboard or poster, whichever is larger; (b) Not be subject to the half-tone or screening process; and (c) Be set apart from any other printed matter. No text may be before, after, or immediately adjacent to the information required by subsections (1) and (2) of this section. (4) In an independent expenditure or electioneering communication transmitted via television or other medium that includes a visual image, the following statement must either be clearly spoken, or appear in print and be visible for at least four seconds, appear in letters greater than four percent of the visual screen height on a solid black background on the entire bottom one-third of the television or visual display screen, or bottom one-fourth of the screen if the sponsor does not have or is otherwise not required to list its top five contributors, and have a reasonable color contrast with the background: "No candidate authorized this ad. Paid for by (name, city, state)." If the advertisement or communication is undertaken by a nonindividual other than a party organization, then the following notation must also be included: "Top Five Contributors" followed by a listing of the names of the five persons making the largest aggregate contributions as determined by RCW 29B.30.100(1); and if necessary, the statement "Top Three Donors to PAC Contributors," followed by a listing of the names of the three individuals or entities other than political committees making the largest aggregate contributions to political committees as determined by RCW 29B.30.100(2). Abbreviations may be used to describe contributing entities if the full name of the entity has been clearly spoken previously during the broadcast advertisement. (5) The following statement shall be clearly spoken in an independent expenditure or electioneering communication transmitted by a method that does not include a visual image: "No candidate authorized this ad. Paid for by (name, city, state)." If the independent expenditure or electioneering communication is undertaken by a nonindividual other than a party organization, then the following statement must also be included: "Top Five Contributors" followed by a listing of the names of the five persons making the largest contributions as determined by RCW 29B.30.100(1); and if necessary, the statement "Top Three Donors to PAC Contributors," followed by a listing of the names of the three individuals or entities, other than political committees, making the largest aggregate contributions to political committees as determined by RCW 29B.30.100(2). Abbreviations may be used to describe contributing entities if the full name of the entity has been clearly spoken previously during the broadcast advertisement. (6) Political advertising costing one thousand dollars or more supporting or opposing ballot measures sponsored by a political committee must include the information on the top five contributors and top three contributors, other than political committees, as required by RCW 29B.30.100. A series of political advertising sponsored by the same political committee, each of which is under one thousand dollars, must include the top five contributors and top three contributors, other than political committees, as required by RCW 29B.30.100 once their cumulative value reaches one thousand dollars or more. (7) Political yard signs are exempt from the requirements of this section that the top five contributors and top three PAC contributors as required by RCW 29B.30.100 be listed on the advertising. In addition, the public disclosure commission shall, by rule, exempt from the identification requirements of this section forms of political advertising such as campaign buttons, balloons, pens, pencils, sky-writing, inscriptions, and other forms of advertising where identification is impractical. (8) For the purposes of this section, "yard sign" means any outdoor sign with dimensions no greater than eight feet by four feet. [ 2024 c 164 s 437; 2024 c 148 s 1; 2019 c 261 s 3; 2013 c 138 s 1; 2012 c 226 s 1; 2010 c 204 s 505; 2005 c 445 s 9; 1995 c 397 s 19; 1993 c 2 s 22 (Initiative Measure No. 134, approved November 3, 1992); 1984 c 216 s 1. Formerly RCW 42.17A.320, 42.17.510.] NOTES: Reviser's note: RCW 29B.30.060 Picture of candidate. At least one picture of the candidate used in any political advertising shall have been taken within the last five years and shall be no smaller than any other picture of the same candidate used in the same advertisement. [ 2024 c 164 s 438; 2010 c 204 s 506; 1984 c 216 s 2. Formerly RCW 42.17A.330, 42.17.520.] NOTES: Intent— RCW 29B.30.070 Political advertising or electioneering communication—Libel or defamation per se. (1) It is a violation of this title for a person to sponsor with actual malice a statement constituting libel or defamation per se under the following circumstances: (a) Political advertising or an electioneering communication that contains a false statement of material fact about a candidate for public office; (b) Political advertising or an electioneering communication that falsely represents that a candidate is the incumbent for the office sought when in fact the candidate is not the incumbent; (c) Political advertising or an electioneering communication that makes either directly or indirectly, a false claim stating or implying the support or endorsement of any person or organization when in fact the candidate does not have such support or endorsement. (2) For the purposes of this section, "libel or defamation per se" means statements that tend (a) to expose a living person to hatred, contempt, ridicule, or obloquy, or to deprive him or her of the benefit of public confidence or social intercourse, or to injure him or her in his or her business or occupation, or (b) to injure any person, corporation, or association in his, her, or its business or occupation. (3) It is not a violation of this section for a candidate or his or her agent to make statements described in subsection (1)(a) or (b) of this section about the candidate himself or herself because a person cannot defame himself or herself. It is not a violation of this section for a person or organization referenced in subsection (1)(c) of this section to make a statement about that person or organization because such persons and organizations cannot defame themselves. (4) Any violation of this section shall be proven by clear and convincing evidence. If a violation is proven, damages are presumed and do not need to be proven. [ 2024 c 164 s 439; 2009 c 222 s 2; 2005 c 445 s 10; 1999 c 304 s 2; 1988 c 199 s 2; 1984 c 216 s 3. Formerly RCW 42.17A.335, 42.17.530.] NOTES: Intent— RCW 29B.30.080 Responsibility for compliance. (1) Except as provided in subsection (2) of this section, the responsibility for compliance with RCW 29B.30.050 through 29B.30.070 shall be with the sponsor of the political advertising and not with the broadcasting station or other medium. (2) If a broadcasting station or other medium changes the content of a political advertisement, the station or medium shall be responsible for any failure of the advertisement to comply with RCW 29B.30.050 through 29B.30.070 that results from that change. [ 2024 c 164 s 440; 2010 c 204 s 507; 1984 c 216 s 4. Formerly RCW 42.17A.340, 42.17.540.] NOTES: Intent— RCW 29B.30.090 Commercial advertisers—Public inspection of documents—Copies to commission. (1) Each commercial advertiser who has accepted or provided political advertising or electioneering communications during the election campaign shall maintain current books of account and related materials as provided by rule that shall be open for public inspection during normal business hours during the campaign and for a period of no less than five years after the date of the applicable election. The documents and books of account shall specify: (a) The names and addresses of persons from whom it accepted political advertising or electioneering communications; (b) The exact nature and extent of the services rendered; and (c) The total cost and the manner of payment for the services. (2) At the request of the commission, each commercial advertiser required to comply with subsection (1) of this section shall provide to the commission copies of the information that must be maintained and be open for public inspection pursuant to subsection (1) of this section. [ 2024 c 164 s 441; 2019 c 428 s 26; 2010 c 204 s 508; 2005 c 445 s 8; 1975-'76 2nd ex.s. c 112 s 5; 1973 c 1 s 11 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17A.345, 42.17.110.] NOTES: Intent— RCW 29B.30.100 Top five contributors to political advertisement. (1) For any requirement to include the top five contributors under RCW 29B.30.050 or any other provision of this title, the sponsor must identify the five persons or entities making the largest contributions to the sponsor in excess of the threshold aggregate value to be considered an independent expenditure in an election for public office under RCW 29B.10.310(1)(d) reportable under this title during the 12-month period preceding the date on which the advertisement is initially to be published or otherwise presented to the public. (2) If one or more of the top five contributors identified under subsection (1) of this section is a political committee, the top three contributors to each of those political committees during the same period must then be identified, and so on, until the individuals or entities other than political committees with the largest aggregate contributions to each political committee identified under subsection (1) of this section have also been identified. The sponsor must identify the three individuals or entities, not including political committees, who made the largest aggregate contributions to any political committee identified under subsection (1) of this section in excess of the threshold aggregate value to be considered an independent expenditure in an election for public office under RCW 29B.10.310(1)(d) reportable under this title during the same period, and the names of those individuals or entities must be displayed in the advertisement alongside the statement "Top Three Donors to PAC Contributors." (3) Contributions to the sponsor or a political committee that are earmarked, tracked, and used for purposes other than the advertisement in question should not be counted in identifying the top five contributors under subsection (1) of this section or the top three contributors under subsection (2) of this section. (4) The sponsor shall not be liable for a violation of this section that occurs because a contribution to any political committee identified under subsection (1) of this section has not been reported to the commission. (5) The commission is authorized to adopt rules, as needed, to prevent ways to circumvent the purposes of the required disclosures in this section to inform voters about the individuals and entities sponsoring political advertisements. [ 2024 c 164 s 442; 2019 c 261 s 2. Formerly RCW 42.17A.350.] NOTES: Intent—