FINAL BILL REPORT
HB 1317
C 413 L 23
Synopsis as Enacted
Brief Description: Concerning grassroots lobbying disclosure. (REVISED FOR PASSED LEGISLATURE: Concerning grass roots lobbying disclosure.)
Sponsors: Representatives Pollet and Gregerson; by request of Public Disclosure Commission.
House Committee on State Government & Tribal Relations
Senate Committee on State Government & Elections
Background:

Campaign Finance Generally.

Washington's campaign finance and disclosure law was first enacted by voter initiative in 1972.  The law regulates campaign contributions and certain election-related expenditures and requires the disclosure of campaign financing, lobbyist activity, and the financial affairs of elected officials, candidates, and executive state officers.

 

The Public Disclosure Commission (PDC) enforces campaign finance and disclosure laws and has the authority to develop procedures, adopt rules, investigate complaints, and impose civil penalties for violations.  


Grassroots Campaign Disclosures.

A person must register as a sponsor of a grassroots lobbying campaign if that person made any unreported expenditures exceeding $1,400 in the aggregate within any three-month period, or exceeding $700 in the aggregate within any one-month period, of presenting a campaign to the public that is substantially intended to influence legislation.  The current threshold amounts are subject to the inflationary index.  The registration must be filed with the PDC within 30 days after qualifying as a sponsor of a grassroots lobbying campaign and the registration must include the:

  • sponsor's name, address, and business or occupation;
  • names, addresses, and business or occupation of all persons organizing and managing the campaign or hired to assist the campaign;
  • names and addresses of each person contributing $25 or more to the campaign as well as the aggregate amount contributed;
  • purpose of the campaign; and
  • totals of all expenditures made or incurred on behalf of the campaign;

 

Political Advertising.

A political committee, that is not a bona fide political party, sponsoring a political advertisement (ad) must include in the ad the name of its top five contributors if the ad qualifies as an independent expenditure, electioneering communication, or supports or opposes a ballot measure and costs at least $1,000.  If the top five contributors includes any political committees, the sponsor of the ad must also list the top three donors to the political committees.

 

Written ads must include the sponsor's name, address, and any party preference, and must be located in an area set apart from the ad text.  For print ads and websites, the information must be displayed on the first page or fold of a multipage or multifold ad and be in at least 10-point font.  For billboards and posters, the information must be in a font size that is at least 10 percent of the largest size type used in the ad.  Written ads may not be in screen or half-tone text.

 

Television ads or ads using another medium that includes a visual image must include the sponsor's name and any party preference and the following statement either clearly spoken or appearing in print:  "No candidate authorized this ad.  Paid for by (name, city, state)."  If in print, the print must be visible for at least four seconds, in a font size that is more than four percent of the visual screen height, on a solid black background with the font being a reasonable color contrast to the background, and on the entire bottom one-third of the television or visual or bottom one-fourth of the screen if the sponsor does not have or is otherwise not required to list its top five contributors.

 

Radio ads and other mediums that do not include a visual image must clearly speak the following statement:  "No candidate authorized this ad.  Paid for by (name, city, state)."

Summary:

Grassroots Campaign Disclosures.

The qualification of who is a sponsor of a grassroots campaign for registration purposes is updated to specify that it includes any person who has made a qualifying expenditure, a substantial portion of which is primarily to solicit, urge, or encourage the public to influence legislation. 

 

The deadline for when a sponsor of a grassroots campaign must register with the PDC is adjusted to require that the sponsor file either:

  1. within 24 hours of the initial presentation of the campaign to the public during the period:
    1. beginning on the thirtieth day before a regular legislative session convenes and continuing through the date of final adjournment of that regular session; or
    2. beginning on the date that a special legislative session has been called or 30 days before the special session is scheduled to convene, whichever is later, and continuing through the adjournment of that special session; or
  2. within five business days of the initial presentation of the campaign to the public during any other period.

 

In addition to the sponsor's name, address, and business or occupation, the sponsor of a grassroots lobbying campaign must disclose their employer and the employer of all persons organizing and managing the campaign or hired to assist the campaign.  The  disclosure requirement around sources of funding is modified to require the sponsor of a grassroots campaign disclose each source of funding for the campaign of $25 or more including:

  • the name and address of each organization contributing $25 or more from its general treasury account for the campaign; and
  • the name, address, and occupation and employer of each person contributing $25 or more as a result of a special solicitation for the campaign or otherwise contributing specifically for the campaign, and the amount contributed.

 

The PDC is authorized to adopt rules to require the disclosure of other information not already specified.

 

Advertising and Mass Communication—Grassroots Campaigns.

Any advertising or other mass communication produced as part of a grassroots campaign must follow the same rules for disclosure of the top five contributors as is required of political advertisements that are considered independent expenditures, as well as rules for the disclosure of the top three donors to political committees who are among the top five contributors where applicable.

 

Any advertising or other mass communication produced as part of a grassroots campaign must also follow the same rules for written ads, radio ads, and visual ads as is required of other political advertisements under statute, except that there is no express requirement for ads for grassroots campaigns to include the statement:  "No candidate authorized this ad.  Paid for by (name, city, state)." 

 

The PDC may adopt rules to prevent ways to circumvent the purpose of the required disclosures for political advertisements, in conformance with the policies and purposes of campaign finance laws.

Votes on Final Passage:
House6334 
Senate2919(Senate amended)
House6135(House concurred)
Effective:

July 23, 2023