BILL REQ. #: H-1298.2
State of Washington | 61st Legislature | 2009 Regular Session |
AN ACT Relating to political advertising sponsor identification; amending RCW 42.17.510; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 It is the intent of the legislature to
improve disclosure to voters by requiring, as part of the
communication, identification of the controlling person and top
contributors in instances where an individual or entity establishes one
or more political committees as a vehicle to receive and pass through
funds.
Sec. 2 RCW 42.17.510 and 2005 c 445 s 9 are each amended to read
as follows:
(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 ((materials)) 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 by a person or entity other
than a bona fide political party ((organization)), and all
electioneering communications, must include as part of the
communication:
(a) The ((following)) statement ((as part of the communication
"NOTICE TO VOTERS (Required by law): This advertisement is not
authorized or approved by any candidate)): "No candidate authorized
this ad. It is paid for by (name, address, city, state)((.));"
(b) If the ((advertisement undertaken as an independent expenditure
or electioneering communication is undertaken by a nonindividual other
than a party organization, then the following notation must also be
included)) sponsor is a political committee, the statement: "Top Five
Contributors," followed by a listing of the names of the five persons
or entities making the largest contributions in excess of seven hundred
dollars reportable under this chapter during the twelve-month period
before the date of the advertisement or communication; 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 ((statements and listings of contributors)) 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 ten-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.
(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, 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 or entities making the largest contributions in
excess of seven hundred dollars reportable under this chapter during
the twelve-month period before the date of the advertisement.
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 or entities making the
largest contributions in excess of seven hundred dollars reportable
under this chapter during the twelve-month period before the date of
the advertisement. 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 yard signs are exempt from the requirement of
subsections (1) and (2) of this section that the name and address of
the sponsor of political advertising be listed on the advertising. In
addition, the public disclosure commission shall, by rule, exempt from
the identification requirements of subsections (1) and (2) 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.
(7) For the purposes of this section, "yard sign" means any outdoor
sign with dimensions no greater than eight feet by four feet.