On January 29, 2025, the Governor's Office received the appeal you filed in response to the Public Disclosure Commission's decision to deny your petition to amend WAC 390-18-050(4). Under RCW 34.05.330(3), an agency's denial of a petition to repeal or amend a rule may be appealed to the Governor.

RCW 42.17A.345 requires out-of-state commercial advertisers to make their books of account available for public inspection. This requirement can be accomplished by providing an in-person inspection or by providing for inspection electronically, by digital transmission, or by online publication. WAC 390-18-050(4)(a).

Your petition states that you had recently sought to inspect the books of account for an out-of-state commercial advertiser that did not make the books of account available digitally, but instead only offered in-person inspection in Massachusetts. Petition at 1.

The Commission discussed your petition during its January 23, 2025 meeting and denied your petition on January 24, 2025. In its denial letter, the Commission states that the current options for public inspection of books of account "have been generally successful in making advertiser records accessible to Washington voters in multiple ways." Response at 1. The Commission states that requiring all commercial advertisers to have a Washington location for in-person inspection of books of account is premature and that increasing accounting burdens at this time may result in unintended impacts with ongoing litigation. Response at 1-2.

The Commission stated that it supports your shared goal of providing timely and accurate election information and "will consider other ideas for making advertiser books of account more easily available to the public." Response at 2.

You appealed the Commission's denial on January 29, 2025. You allege that "out-of-state commercial advertisers can (and often do) insist on making Washingtonians travel to an out-of-state location to see the books of account." Appeal petition at 1. You argue that the Commission's rationale in denying your petition "is nothing more than baseless legal handwringing" and that the amendment "would not fundamentally alter the existing requirements that apply to commercial advertisers." Appeal petition at 1.

The Commission cited multiple reasons for denying your petition in addition to the potential consequences in current litigation. The Commission noted that, as a practical matter, the current options for public inspection of books of account have been generally successful. Response at 1. The current rule requires commercial advertisers to provide their books of account either: 1) electronically; 2) by digital transmission (e.g. email); 3) through online publication; or 4) through in-person inspection. WAC 390-18-050(4). The Commission appropriately reasoned that your amendment would increase accounting burdens for commercial advertisers. Response at 1. The Commission also noted that it "will consider other ideas for making advertiser books of account more easily available to the public" as well as "discuss request legislation to require those documents to be provided by campaigns that already have a presence in the local community." Response at 2. The Commission is appropriately positioned to balance different considerations and make a policy determination, and it has properly exercised that discretion here.


	"(4) Until such time as the PDC provides an open access platform on its website for this information, which will replace the following methods of inspection for all required information, such information must be available for public inspection by any person, and provided:
	(a) In person during normal business hours, however if the commercial advertiser is located out-of-state, the location for in person inspection must be within the state of Washington;"