(1) For the purposes of
chapter 42.17A RCW and Title 390 WAC:
(a)
"Sponsor of political advertising, electioneering communication, or independent
expenditure" is, as used in the act and in these rules, and defined in
RCW
42.17A.005.
(b) Unless the context clearly provides
otherwise, "advertising" or "advertisement" means political advertising,
independent expenditures that are for political advertising, or electioneering
communications, subject to the provisions of chapter 42.17A RCW and as defined
in RCW
42.17A.005 or
42.17A.255.
(2) All advertising must clearly state, in an
area set apart from any other printed matter, that it has been paid for by the
sponsor (Example:
(1) Paid for by the XYZ
committee, mailing address, city, state, zip code;
(2) Vote for John Doe, paid for by John Doe,
mailing address, city, state, zip code). Additional requirements apply for the
following:
(a) Political committees that
sponsor political advertising costing or having a fair market value of $2,000
or more supporting or opposing a ballot proposition must clearly identify the
"top five contributors" to that political committee, as well as the "top three
donors" of all political committees identified as a "top five contributor,"
pursuant to WAC
390-18-025.
(b) Advertising undertaken as an independent
expenditure or electioneering communication must comply with the "no candidate
authorized this ad" sponsor identification and, if relevant, the "top five
contributors," as well as the "top three donors" to political committee
contributors, and identification of the individual, corporation, union,
association, or other entity that established, maintains, or controls the
sponsoring political committee provisions of
RCW
42.17A.320.
(c) Political committees that sponsor
independent expenditure or electioneering communication printed advertising are
required to identify the "top five contributors" to that political committee,
as well as the "top three donors" to political committee contributors. This
requirement does not apply to bona fide political parties sponsoring
independent expenditures.
(3) Required sponsor identification must be
displayed in printed advertisements:
(a) In
an area set apart from other printed matter;
(b) On the first page or fold of advertising
consisting of more than one page that is intended to be presented as a single
item (e.g., 3-page letter with return envelope). Identification on an enclosed
return envelope or the envelope in which the advertising is sent is not
sufficient;
(c) By respective
sponsor on advertising which is a collection of several items relating to more
than one candidate or committee and distributed
simultaneously.
(4)
Required sponsor identification must be clearly identified or spoken in
advertising on radio, by telephone, or on television.
(5) Required sponsor identification must be
clearly identified, spoken or displayed on advertising on websites, social
media and other digital communication. Political committee websites and other
online forums created by a political committee must include sponsor
identification.
(6) With
advertising for which no payment is demanded or for which a cost or fair market
value is not readily ascertainable, the sponsor is the candidate, political
committee or person who solicits or arranges for the advertising to be
displayed, disseminated or broadcast.
(7) If more than one person sponsors specific
advertising, the identity of each sponsor must be identified. However, if a
person contributes in cash or in-kind to a candidate or political committee to
assist in paying the cost of advertising, that person is not deemed a sponsor,
provided the contribution is not earmarked for the advertising and is reported
in accordance with applicable provisions of chapter 42.17A RCW and Title 390
WAC.
Notes
Wash. Admin. Code §
390-18-010
Amended by
WSR
18-24-074, Filed 11/30/2018, effective
12/31/2018
Amended by
WSR
20-02-062, Filed 12/24/2019, effective
1/24/2020
Amended by
WSR
23-12-036, Filed 5/30/2023, effective
6/30/2023
Statutory Authority:
RCW
42.17A.110 and
42.17A.320. 13-12-015, §
390-18-010, filed 5/24/13, effective 6/24/13. Statutory Authority:
RCW
42.17A.110. 12-03-002, § 390-18-010,
filed 1/4/12, effective 2/4/12. Statutory Authority: RCW 42.17.370. 11-05-051,
§ 390-18-010, filed 2/10/11, effective 3/13/11. Statutory Authority: RCW
42.17.370 and 42.17.562. 06-11-132, § 390-18-010, filed 5/23/06, effective
6/23/06. Statutory Authority: RCW 42.17.370. 03-12-034, § 390-18-010,
filed 5/29/03, effective 6/29/03. Statutory Authority: RCW 42.17.370(1).
00-22-055, § 390-18-010, filed 10/27/00, effective 11/27/00. Statutory
Authority: RCW 42.17.370. 93-16-064, § 390-18-010, filed 7/30/93,
effective 8/30/93. Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order
85-03), § 390-18-010, filed 7/9/85.
