Wash. Admin. Code § 390-16-063 - Additional information regarding independent expenditures and C-6 report filing
(1)RCW
42.17A.255 requires a person not otherwise
subject to the disclosure requirements of chapter 42.17A RCW to disclose an
independent expenditure of $1,000 or more that supports or opposes a candidate
or ballot measure.
RCW
42.17A.260 requires the disclosure of
political advertising with a fair market value of $2,000 or more that is
presented to the public within 21 days of an election, that supports or opposes
a ballot proposition, or that qualifies as an independent expenditure and
supports or opposes a candidate.
(a)
Prorating and attributing independent expenditures that support or oppose
multiple candidates or ballot measures. Whether to disclose an
independent expenditure that supports or opposes multiple candidates or ballot
measures is determined by prorating and attributing the cost of the expenditure
among all candidates or ballot measures that are the subject of the
expenditure . Disclosure is required when:
(i)
The pro rata cost for a single candidate or ballot measure reaches or exceeds
the statutory threshold and none of the subject candidates are seeking election
to the same office and none of the subject ballot measures are competing
measures; or
(ii) The sum of the
pro rata costs attributable to all candidates seeking election to the same
office or the sum of the pro rata costs attributable to competing ballot
measures reaches or exceeds the statutory threshold.
Example 1 (prorating): A mailer/postcard supports one candidate and one ballot measure at a total cost of $3,200. One side of the postcard is entirely devoted to the ballot measure. The other side is split evenly between the candidate and the ballot measure. The ballot measure's pro rata share is $2,400 (75%) and the candidate's pro rata share is $800 (25%).
Example 2 (prorating and attributing): An independent
(b)
Disclosing
independent expenditures that support or oppose multiple candidates or ballot
measures. When a pro rata, attributable cost reaches or exceeds the
statutory threshold, the entire independent expenditure must be disclosed,
including the amounts attributable to all candidates and ballot propositions
supported or opposed by the expenditure .
(c)
Other applications of prorating and
attributing independent expenditures. Use the prorating and attribution
steps explained in (a)(i) and (ii) of this section to determine when an
independent expenditure as defined in
RCW
42.17A.005 must comply with the "no candidate
authorized this ad" sponsor identification and, if applicable, the "top 5"
contributors required by
RCW
42.17A.320 and WAC
390-18-010.
(2) A political committee reporting pursuant
to RCW
42.17A.225,
42.17A.235 and
42.17A.240 is exempt from
providing on a C-6 form the sources of any funds received by the committee for
an electioneering communication, unless the committee received funds that were
earmarked or otherwise designated for the communication.
(3) An out-of-state political committee must
report pursuant to
RCW
42.17A.305 if it sponsors an electioneering
communication as defined in
RCW
42.17A.005.
(4) The sponsor of an electioneering
communication must report pursuant to
RCW
42.17A.305 and these rules regarding
electioneering communications, even if the expenditure also satisfies the
definition of independent expenditure in
RCW
42.17A.005 or
42.17A.255. Persons in compliance
with this subsection are deemed in compliance with
RCW
42.17A.255 or
42.17A.260.
(5) Any person making an expenditure that is
reportable under
RCW
42.17A.640, grass roots lobbying campaigns,
that also satisfies the definition of electioneering communication in
RCW
42.17A.005, must also file pursuant to
RCW
42.17A.305 and these rules regarding
electioneering communications. The report filed pursuant to
RCW
42.17A.305 must identify the grass roots
campaign.
(6) In addition to any
other reporting requirements on the C-6 form, any political advertising that
supports or opposes a ballot proposition or that supports or opposes a
candidate and qualifies as an independent expenditure , or any electioneering
communication, must identify any "synthetic media," as defined under
RCW
42.62.020, that was used in the advertising
or communication, and further report:
(a) The
name of the vendor that provided the software or other digital technology used
to create the synthetic media;
(b)
The commercial advertiser that sold the advertising or communication, if any;
and
(c) The description of any
audience targeting information provided for any digital communication by a
digital communication platform, or other vendor.
Notes
Statutory Authority: RCW 42.17A.110. 12-03-002, § 390-16-063, filed 1/4/12, effective 2/4/12. Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-16-063, filed 5/23/06, effective 6/23/06.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1)RCW 42.17A.255 requires a person not otherwise subject to the disclosure requirements of chapter 42.17A RCW to disclose an independent expenditure of $1,000 or more that supports or opposes a candidate or ballot measure. RCW 42.17A.260 requires the disclosure of political advertising with a fair market value of $2,000 or more that is presented to the public within 21 days of an election, that supports or opposes a ballot proposition, or that qualifies as an independent expenditure and supports or opposes a candidate.
(a) Prorating and attributing independent expenditures that support or oppose multiple candidates or ballot measures. Whether to disclose an independent expenditure that supports or opposes multiple candidates or ballot measures is determined by prorating and attributing the cost of the expenditure among all candidates or ballot measures that are the subject of the expenditure. Disclosure is required when:
(i) The pro rata cost for a single candidate or ballot measure reaches or exceeds the statutory threshold and none of the subject candidates are seeking election to the same office and none of the subject ballot measures are competing measures; or
(ii) The sum of the pro rata costs attributable to all candidates seeking election to the same office or the sum of the pro rata costs attributable to competing ballot measures reaches or exceeds the statutory threshold.
Example 1 (prorating): A mailer/postcard supports one candidate and one ballot measure at a total cost of $3,200. One side of the postcard is entirely devoted to the ballot measure. The other side is split evenly between the candidate and the ballot measure. The ballot measure's pro rata share is $2,400 (75%) and the candidate's pro rata share is $800 (25%).
Example 2 (prorating and attributing): An independent expenditure ad appears in the newspaper two weeks before the election. The ad costs $2,000; 50% of the ad supports a candidate and the other 50% opposes the candidate's opponent. The independent expenditure is disclosed under RCW 42.17A.260 because the sum of the pro rata share for the two candidates who seek the same office is $2,000.
(b) Disclosing independent expenditures that support or oppose multiple candidates or ballot measures. When a pro rata, attributable cost reaches or exceeds the statutory threshold, the entire independent expenditure must be disclosed, including the amounts attributable to all candidates and ballot propositions supported or opposed by the expenditure.
(c) Other applications of prorating and attributing independent expenditures. Use the prorating and attribution steps explained in (a)(i) and (ii) of this section to determine when an independent expenditure as defined in RCW 42.17A.005 must comply with the "no candidate authorized this ad" sponsor identification and, if applicable, the "top 5" contributors required by RCW 42.17A.320 and WAC 390-18-010.
(2) A political committee reporting pursuant to RCW 42.17A.225, 42.17A.235 and 42.17A.240 is exempt from providing on a C-6 form the sources of any funds received by the committee for an electioneering communication, unless the committee received funds that were earmarked or otherwise designated for the communication.
(3) An out-of-state political committee must report pursuant to RCW 42.17A.305 if it sponsors an electioneering communication as defined in RCW 42.17A.005.
(4) The sponsor of an electioneering communication must report pursuant to RCW 42.17A.305 and these rules regarding electioneering communications, even if the expenditure also satisfies the definition of independent expenditure in RCW 42.17A.005 or 42.17A.255. Persons in compliance with this subsection are deemed in compliance with RCW 42.17A.255 or 42.17A.260.
(5) Any person making an expenditure that is reportable under RCW 42.17A.640, grass roots lobbying campaigns, that also satisfies the definition of electioneering communication in RCW 42.17A.005, must also file pursuant to RCW 42.17A.305 and these rules regarding electioneering communications. The report filed pursuant to RCW 42.17A.305 must identify the grass roots campaign.
(6) In addition to any other reporting requirements on the C-6 form, any political advertising that supports or opposes a ballot proposition or that supports or opposes a candidate and qualifies as an independent expenditure, or any electioneering communication, must identify any "synthetic media," as defined under RCW 42.62.020, that was used in the advertising or communication, and further report:
(a) The name of the vendor that provided the software or other digital technology used to create the synthetic media;
(b) The commercial advertiser that sold the advertising or communication, if any; and
(c) The description of any audience targeting information provided for any digital communication by a digital communication platform, or other vendor.
Notes
Statutory Authority: RCW 42.17A.110. 12-03-002, § 390-16-063, filed 1/4/12, effective 2/4/12. Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-16-063, filed 5/23/06, effective 6/23/06.