WSR 03-12-034

PERMANENT RULES

PUBLIC DISCLOSURE COMMISSION


[ Filed May 29, 2003, 2:38 p.m. ]

Date of Adoption: May 27, 2003.

Purpose: To remove the requirement that broadcast political advertising conform to the requirements of the Federal Communications Commission (FCC) and clarify the sponsor identification requirements for political advertisement undertaken as an independent expenditure.

Citation of Existing Rules Affected by this Order: Amending WAC 390-18-010.

Statutory Authority for Adoption: RCW 42.17.370.

Adopted under notice filed as WSR 03-08-051 on March 28, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

May 29, 2003

Susan Harris

Assistant Director

OTS-6283.1


AMENDATORY SECTION(Amending WSR 00-22-055, filed 10/27/00, effective 11/27/00)

WAC 390-18-010   Political advertising -- Identification of sponsor.   (1) For the purposes of RCW 42.17.510 and this rule, "sponsor" means the candidate, political committee or other person paying for the advertising. If a person acts as an agent for another or is reimbursed by another for the payment, the original source of the payment is the sponsor.

(2) With advertising for which no payment is demanded or for which a cost is not readily ascertainable, the sponsor is the candidate, political committee or person who solicits or arranges for the advertising to be displayed or broadcast.

(3) If more than one person sponsors specific advertising, the identity of each sponsor must be shown. However, if a person contributes in cash or in-kind to a candidate or political committee to assist in paying the cost of advertising, it is unnecessary to include that contributor's name as a sponsor provided the contribution is reported in accordance with applicable provisions of chapter 42.17 RCW.

(4) Printed advertising shall 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). ((Broadcast advertising shall conform to the requirements of the Federal Communications Commission.)) However, printed advertising undertaken as an independent expenditure as defined in RCW 42.17.020 shall comply with the "Notice to Voters" and, if relevant, the "Top Five Contributors" provisions of RCW 42.17.510 and provide this information in an area set apart from any other printed matter. Political committees, other than a bona fide political party, that sponsor independent expenditure printed advertising are required to provide the "Top Five Contributors" to that political committee pursuant to WAC 390-18-025.

(5)(a) Political advertising consisting of more than one page but intended to be presented as a single item (i.e. 3-page letter with return envelope) must identify the sponsor on the first page or fold of the advertising. Identification on an enclosed return envelope or the envelope in which the advertising is sent is not sufficient.

(b) Political advertising which is a collection of several items relating to more than one candidate or committee and distributed simultaneously must show the respective sponsor on the respective items.

(6) The name of the sponsor of all radio or televison political advertising shall be clearly spoken. However, all radio and television political advertising undertaken as an independent expenditure as defined in RCW 42.17.020 shall comply with the "Notice to Voters" and, if relevant, the "Top Five Contributors" provisions of RCW 42.17.510 and this information shall be clearly spoken. Political committees, other than a bona fide political party, that sponsor independent expenditure radio and television political advertising are required to clearly speak the "Top Five Contributors" to that political committee pursuant to WAC 390-18-025.

[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.]

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