Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

State Government & Tribal Relations Committee

HB 2253

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning disclaimers for election-related advertising that encourages votes or includes endorsements for people that are not candidates in that election or for that office.

Sponsors: Representatives Thai, Hudgins, Kilduff, Ryu, Appleton, Frame, Senn, Ormsby and Gregerson.

Brief Summary of Bill

  • Requires a disclaimer in an election-related advertisement that encourages people to vote for a person who is not a candidate for that office as of that date.

  • Requires a disclaimer in an election-related advertisement that directly or indirectly conveys that a person has an endorsement for an office in an election, when in truth the person does not have that endorsement for that office in that election.

  • Specifies the display requirements for those disclaimers.

Hearing Date: 1/17/20

Staff: Jason Zolle (786-7124).

Background:

Political Advertisement Disclaimers.

The Fair Campaign Practices Act (FCPA) requires political advertisements to include certain disclaimers.

Political advertisements on the radio or television must include the sponsor's name, and written ads must include the sponsor's name and address. It is illegal for the sponsor to use an assumed name. Additional disclaimer requirements apply when the advertisement is an independent expenditure or an electioneering communication sponsored by a person or entity other than a political party: they must include the statement "No candidate authorized this advertisement. It is paid for by [the sponsor's name and address]." Finally, if the sponsor is a political committee, the advertisement must include a statement disclosing the committee's top five contributors and the top three contributors to any of the top five contributors that are also political committees.

In a written political advertisement, all required disclaimers must:

In a television or other visual advertisement, all required disclaimers must:

False Statements in Political Advertisements.

The FCPA also prohibits political advertising that contains certain false statements made when the speaker knows they are false or acts with reckless disregard of their truth or falsity. These statements are:

To be prohibited, the false statement must also:

Summary of Bill:

Advertising related to an election that directly or indirectly encourages people to vote for a person who is not a candidate for that office as of that date must include a disclaimer: "This ad encourages you to vote for a person who is not a candidate for this office as of [the date the advertisement is first presented to the public]."

Advertising related to an election that directly or indirectly conveys that a person has an endorsement for an office in an election, when in truth the person does not have that endorsement for that office in that election, must include a disclaimer: "As of [the date the advertisement is first presented to the public], this person does not actually have the endorsement of [list individuals or entities] for this office in this election."

In a written communication, the disclaimers must:

In a television or other visual advertisement, the disclaimers must:

In a communication that does not include a visual image, the disclaimers must be clearly spoken.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill contains an emergency clause and takes effect immediately.