Title of Rule and Other Identifying Information: TITLE 390 WAC, amending WAC 390-05-010 Purpose, 390-05-040 Public Disclosure Act -- Violation of other law, 390-05-190 Agent -- Definition, 390-05-200 Definition -- Candidates for public office -- Time of filing, 390-05-205 Definition of term "consumable," 390-05-210 Definition -- Contribution, 390-05-215 Receipt of a campaign contribution, 390-05-222 Domestic partner -- Definition, 390-05-225 Registered voters -- Count or number of, 390-05-235 Definition -- Fair market value, 390-05-243 Ministerial functions by persons holding administrative offices, 390-05-245 Officer of a candidate's committee or political committee -- Definition, 390-05-250 Definition -- Public disclosure commission, 390-05-271 General applications of RCW 42.17.130, 390-05-273 Definition of normal and regular conduct, 390-05-274 Party affiliation, party preference, etc., 390-05-275 Definition -- Party organization, 390-05-295 Definition -- Promise or promise to pay, 390-05-300 Suspension of reporting requirements, 390-05-500 Debate or forum, 390-05-505 Electioneering communication exclusions, 390-05-515 Member, 390-05-522 Place of business -- Definition, 390-05-530 Funding sources for electioneering communications, 390-12-050 Operations and procedures, 390-13-010 Optional format for requests for lists of individuals, 390-14-015 Public records officer, 390-14-025 Requests for public records, 390-14-026 Access goals to campaign and lobbying reports, 390-14-035 Exempting records from public inspection, 390-14-040 Internal review of denials of public records requests, 390-14-100 List of elected public officials, 390-14-110 List of elected public officials -- Name not on list, impact, 390-16-012 Forms -- Registration statement for candidates, 390-16-031 Forms for statement of contributions deposit, 390-16-032 Forms -- Auction report, 390-16-033 Earmarked contributions -- Reporting -- Form, 390-16-034 Additional reporting requirements, 390-16-037 Purpose of campaign expenditures -- Reporting, 390-16-038 Definition -- Aggregate, 390-16-039 Total contributions and expenditures -- Reporting, 390-16-041 Forms -- Summary of total contributions and expenditures, 390-16-049 Out-of-state political committees -- Implementation of RCW 42.17.093, 390-16-063 Additional information regarding C-6 report filing, 390-16-071 Annual report of major contributors and persons making independent expenditures, 390-16-105 Mini campaign reporting -- Eligibility, 390-16-111 Mini campaign reporting -- Special fund-raising events, 390-16-115 Mini campaign reporting -- Conditions for granting use, 390-16-125 Mini campaign reporting -- Exceeding limitations, 390-16-206 Ratings and endorsements, 390-16-207 In-kind contributions -- Explanation and reporting, 390-16-221 Tangible property -- Definition, 390-16-226 Loans, 390-16-230 Surplus campaign funds -- Use in future, 390-16-232 Same office last sought, 390-16-234 Transfers of surplus and nonsurplus candidate funds, 390-16-238 Personal use of contributions -- Standard, 390-16-240 Earmarked contributions -- Definition and use, 390-16-245 Pledges, 390-16-309 Identification of affiliated entities, 390-16-310 Limitations on contributions, 390-16-312 Handling contributions of uncertain origin, 390-16-313 Independent expenditure -- Definition and application, 390-16-320 Candidates in small political subdivisions -- Reporting, 390-17-013 Committee -- Definition, 390-17-015 Conduit -- Definition, 390-17-017 Facilities -- Definition, 390-17-030 Sample ballots and slate cards, 390-17-060 Exempt activities -- Definitions, reporting, 390-17-065 Recordkeeping and reporting of exempt contributions accounts, 390-17-070 Trade association -- Definition, 390-17-071 Collective bargaining association -- Definition, 390-17-100 Contribution withholding authorizations, 390-17-105 Small contributors of twenty-five dollars or less, 390-17-110 Employee notification of withholding provisions, 390-17-300 Contribution designation for primary and general election, 390-17-302 Contributions after the primary election, 390-17-303 Superior court candidates -- Eligibility to receive contributions, 390-17-305 Personal funds of a candidate, 390-17-310 Doing business in Washington, 390-17-320 Contributions from corporations, businesses, unions and political committees, 390-17-400 Time limit to solicit or accept contributions, 390-17-405 Volunteer services, 390-17-410 Electioneering communications may constitute contributions and be subject to limit, 390-18-010 Advertising, political advertising, electioneering communications and independent expenditures, 390-18-020 Advertising -- Political party identification, 390-18-025 Advertising -- Identification of "top five contributors," 390-18-027 Medium that does not include a visual image, 390-18-030 Advertising -- Exemptions from identification, 390-18-050 Commercial advertisers -- Public inspection of records, 390-19-020 Electronic filing -- Mandatory filing, 390-19-050 Electronic filing -- Exceptions, 390-20-0101 Forms for lobbyist registration, 390-20-015 Lobbyists registration -- Termination, 390-20-018 Lobbyist voluntary registration, 390-20-024 Lobbyist nonreportable expenses, 390-20-025 Lobbyists expenditures -- Apportionment of expenses, 390-20-026 Definition of term "other expenses," 390-20-027 Definition -- State elected official, candidate for state office, 390-20-052 Application of RCW 42.17.190 -- Reports of agency lobbying, 390-20-054 Agency lobbying -- Reporting of lobbying by independent contractors, 390-20-111 Form for lobbyist employers report of political contributions, 390-20-125 Forms for registration and reporting by sponsors of grass roots lobbying campaigns, 390-20-130 Forms for statement of employment of legislators, state officers, and state employees, 390-20-140 Loss of RCW 42.17.160 exemptions, 390-20-141 Registration and reporting required when a lobbyist employs another lobbyist, 390-20-143 Application of lobbying provisions to organizations, 390-20-144 Registration and reporting by lobbyist organizations, 390-20-146 Reporting of field trips and other excursions, 390-20-148 Lobbyist direction or control of employer contributions, 390-24-010 Forms for statement of financial affairs, 390-24-020 Forms for amending statement of financial affairs, 390-24-025 Time for filing statement of financial affairs, 390-24-100 Definition -- Direct financial interest, 390-24-105 Definition -- Written sworn statement, 390-24-110 Definition -- Debt, 390-24-160 Definition -- Professional staff member, 390-24-200 Descriptions of real property, 390-24-201 Report of compensation by limited partnerships, limited liability partnerships, limited liability companies, and similar entities, 390-24-202 Report of compensation from sales commissions, 390-24-203 Reporting of field trips and other excursions, 390-24-210 Report of officers and directors of financial institutions, 390-24-301 Changes in dollar amounts of reporting thresholds and code values, 390-28-020 Definition -- Applicant, 390-28-025 Hearing to modify reporting requirements, 390-28-040 Hearing to modify reporting -- Prehearing procedure and requirements, 390-28-060 Hearing to modify reporting -- Administrative law judge proceedings, 390-28-080 Hearing to modify reporting -- Evidence, record, adverse decisions, 390-28-090 Hearing to modify reporting -- Required findings, 390-28-100 Reporting modifications -- Possible qualifications -- Statement of financial affairs, 390-32-010 Fair Campaign Practices Code for candidates and political committees, 390-32-020 Filing -- Fair Campaign Practices Code, 390-37-010 Enforcement procedures -- General, 390-37-020 Enforcement procedures -- Initiation of complaint, 390-37-030 Enforcement procedures -- Citizen complaints filed with the commission, 390-37-040 Enforcement procedures -- Procedures for filing complaints with the commission, 390-37-041 Enforcement procedures -- Allegations submitted to the attorney general's office and/or prosecuting attorneys, 390-37-060 Enforcement procedures -- Investigation of complaints -- Initiation of hearing (adjudicative proceeding), 390-37-063 Enforcement procedures -- Demand for information -- Subpoenas, 390-37-070 Enforcement procedures -- Complaints dismissed by executive director, 390-37-100 Enforcement procedures -- Conduct of hearings (adjudicative proceedings), and 390-37-140 Brief enforcement hearings (adjudicative proceedings) -- Authority; and repealing WAC 390-05-196.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Accommodates recodification of chapter 42.17 RCW to chapter 42.17A RCW, effective January 2012 throughout TITLE 390 WAC. References to RCW 42.17.550, repealed effective June 10, 2010, deleted from WAC 390-16-038, 390-16-313, and 390-17-030. Repeals WAC 390-05-196, which will be replaced by a rule the secretary of state is developing. References to RCW 42.17A.410 (judicial campaign contribution limits) are incorporated into WAC 390-05-210, 390-05-235, 390-16-240, 390-16-245, 390-17-300, which interpreted the contribution limits of RCW 42.17A.405 (state and local campaign contribution limits).

     Reasons Supporting Proposal: Corrects statutory references to chapter 42.17 RCW following recodification to chapter 42.17A RCW. Removes references to a repealed statute. Repealing WAC 390-05-196, which is no longer necessary because of changed circumstances. Clarifies contribution limits as dictated by statutes.

     Statutory Authority for Adoption: RCW 42.17.370(1).

     Statute Being Implemented: Chapter 204, Laws of 2010.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Public disclosure commission, governmental.

     Name of Agency Personnel Responsible for Drafting and Implementation: Lori Anderson, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2737; and Enforcement: Phil Stutzman, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-8853.

November 2, 2011

Lori Anderson

Communications and

Training Officer

OTS-4405.2

AMENDATORY SECTION(Amending Order 62, filed 8/26/75)

WAC 390-05-010   Purpose.   The purpose of these regulations is to implement the provisions of chapter ((42.17)) 42.17A RCW (Initiative 276), hereinafter referred to as the Public Disclosure Act or act, by declaring the policies of the commission, particularly with regard to the interpretation and enforcement of the act by the commission.

[Order 62, § 390-05-010, filed 8/26/75.]

[Order 62, § 390-05-040, filed 8/26/75.]

     (1) Is authorized by another to act on his or her behalf; or

     (2) Represents and acts for another with the authority or consent of the person represented; or

     (3) Acts for or in place of another by authority from him or her.

[Statutory Authority: RCW 42.17.370(1). 96-09-015, § 390-05-190, filed 4/8/96, effective 5/9/96. Statutory Authority: RCW 42.17.370. 93-22-002, § 390-05-190, filed 10/20/93, effective 11/20/93; 93-16-064, § 390-05-190, filed 7/30/93, effective 8/30/93.]

     (1) The existence of a political committee promoting the election of such individual for public office with the knowledge and consent of that individual; or

     (2) A public declaration of candidacy by an individual even if the candidacy is conditioned on a future occurrence; or

     (3) Meeting the requirements set forth in WAC 390-16-230 (1) or (2).

[Statutory Authority: RCW 42.17.370(1). 02-03-018, § 390-05-200, filed 1/4/02, effective 2/4/02; 96-05-001, § 390-05-200, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.370. 93-16-064, § 390-05-200, filed 7/30/93, effective 8/30/93. Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), § 390-05-200, filed 7/9/85; Order 62, § 390-05-200, filed 8/26/75.]

[Statutory Authority: RCW 42.17.370(1). 02-03-018, § 390-05-205, filed 1/4/02, effective 2/4/02; 96-05-001, § 390-05-205, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.370. 93-16-064, § 390-05-205, filed 7/30/93, effective 8/30/93. Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), § 390-05-205, filed 7/9/85; Order 63, § 390-05-205, filed 9/10/75.]

     (2) Duplicating political advertising. The financing by a person of the dissemination, distribution, or republication, in whole or in part, of broadcast, written, graphic, or other form of political advertising prepared by a candidate, a political committee, or the authorized agent of a candidate or political committee is a contribution to the candidate or political committee.

     (3) Consulting with a state, local or judicial candidate. An expenditure made by a person in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a candidate, the candidate's authorized committee or agent is a contribution to such candidate. An expenditure is presumed to be made in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a candidate, the candidate's authorized committee or agent when:

     (a) Any arrangement, coordination or direction by the candidate, the candidate's authorized committee or agent is given to the expending person prior to the publication, distribution, display or broadcast of political advertising or electioneering communications or prior to an expenditure being made by that person supporting that candidate or opposing one or more of that candidate's opponents; or

     (b) An expenditure is made based on information about the candidate's plans, projects or needs provided to the expending person by the candidate, the candidate's authorized committee or agent with a view toward having an expenditure made; or

     (c) An expenditure is made by, through, in consultation with, or with the assistance of, including the fund-raising assistance of, any person who, during the twelve months preceding the expenditure, is or has been an officer of the candidate's authorized committee; or

     (d) The expenditure is made by or in consultation with any person who, during the twelve months preceding the expenditure, is or has been receiving any form of campaign-related compensation or reimbursement from the candidate, the candidate's authorized committee or agent. However, there is no presumption that an expenditure is made in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a candidate, the candidate's authorized committee or agent, when a person performs only ministerial functions for two or more candidates or political committees pursuant to RCW ((42.17.020)) 42.17A.005 and WAC 390-05-243.

     (4) Consulting with a caucus political committee. An expenditure, that does not qualify as a contribution to a candidate under subsection (3) of this section, made by a person in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a caucus political committee or its agent is a contribution to such caucus political committee. An expenditure is presumed to be made in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a caucus political committee or its agent when:

     (a) Any arrangement, coordination or direction by the caucus political committee, its agent or another political committee financed, controlled or operated by the caucus is given to the expending person prior to the publication, distribution, display or broadcast of political advertising or electioneering communications or prior to an expenditure being made by that person supporting that caucus political committee or one or more of the candidates supported by it or opposing one or more of those candidates' opponents; or

     (b) An expenditure is made based on information about the caucus political committee's plans, projects or needs provided to the expending person by the caucus political committee, its agent or another political committee financed, controlled or operated by the caucus with a view toward having an expenditure made; or

     (c) An expenditure is made by, through, in consultation with, or with the assistance of, including the fund-raising assistance of, any person who, during the twelve months preceding the expenditure, is or has been an officer of the caucus political committee or another political committee financed, controlled or operated by the caucus; or

     (d) The expenditure is made by or in consultation with any person who, during the twelve months preceding the expenditure, is or has been receiving any form of campaign-related compensation or reimbursement from the caucus political committee, its agent or another political committee financed, controlled or operated by the caucus. However, there is no presumption that an expenditure is made in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a caucus political committee or its agent, when a person performs only ministerial functions for two or more candidates or political committees pursuant to RCW ((42.17.020)) 42.17A.005 and WAC 390-05-243.

     (5) Consulting with a bona fide political party. An expenditure, that does not qualify as a contribution to a candidate under subsection (3) of this section, made by a person in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a bona fide political party or its agent is a contribution to such bona fide political party. An expenditure is presumed to be made in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a bona fide political party when:

     (a) Any arrangement, coordination or direction by the bona fide political party, its agent or a political committee financed, controlled or operated by the party is given to the expending person prior to the publication, distribution, display or broadcast of political advertising or electioneering communications or prior to an expenditure being made by that person supporting that bona fide political party or one or more of the candidates supported by it or opposing one or more of those candidates' opponents; or

     (b) An expenditure is made based on information about the bona fide political party's plans, projects or needs provided to the expending person by the bona fide political party or its agent with a view toward having an expenditure made; or

     (c) An expenditure is made by, through, in consultation with, or with the assistance of, including the fund-raising assistance of, any person who, during the twelve months preceding the expenditure, is or has been an officer of the bona fide political party or a political committee financed, controlled or operated by the bona fide political party; or

     (d) The expenditure is made by or in consultation with any person who, during the twelve months preceding the expenditure, is or has been receiving any form of campaign-related compensation or reimbursement from the bona fide political party, its agent or a political committee financed, controlled or operated by the bona fide political party. However, there is no presumption that an expenditure is made in cooperation, consultation, concert or collaboration with, or at the request or suggestion of the bona fide political party, a political committee financed, controlled, or operated by a bona fide political party or their agents, when a person performs only ministerial functions for two or more candidates or political committees pursuant to RCW ((42.17.020)) 42.17A.005 and WAC 390-05-243.

     (6) Consulting with other political committees. An expenditure made by a person in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a political committee is a contribution to such political committee. An expenditure is presumed to be made in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a political committee when:

     (a) Any arrangement, coordination or direction by the political committee, its agent or another political committee financed, controlled or operated by the committee is given to the expending person prior to the publication, distribution, display or broadcast of political advertising or prior to an expenditure being made by that person benefiting that political committee; or

     (b) An expenditure is made based on information about the political committee's plans, projects or needs provided to the expending person by the political committee or its agent with a view toward having an expenditure made; or

     (c) An expenditure is made by, through, in consultation with, or with the assistance of, including the fund-raising assistance of, any person who, during the twelve months preceding the expenditure, is or has been an officer of the political committee or another political committee financed, controlled or operated by the committee; or

     (d) An expenditure is made by or in consultation with any person who, during the twelve months preceding the expenditure, is or has been receiving any form of campaign-related compensation or reimbursement from the political committee, its agent or another political committee financed, controlled or operated by the committee. However, there is no presumption that an expenditure is made in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a political committee or its agent, when a person performs only ministerial functions for two or more candidates or political committees pursuant to RCW ((42.17.020)) 42.17A.005 and WAC 390-05-243.

[Statutory Authority: RCW 42.17.370(1). 08-01-069, § 390-05-210, filed 12/14/07, effective 1/14/08. Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-05-210, filed 5/23/06, effective 6/23/06. Statutory Authority: RCW 42.17.370(1). 96-09-015, § 390-05-210, filed 4/8/96, effective 5/9/96. Statutory Authority: RCW 42.17.370. 93-16-064, § 390-05-210, filed 7/30/93, effective 8/30/93; 91-14-041, § 390-05-210, filed 6/27/91, effective 7/28/91. Statutory Authority: RCW 42.17.370(1). 88-14-064 (Order 88-02), § 390-05-210, filed 7/1/88; 85-15-020 (Order 85-03), § 390-05-210, filed 7/9/85; Order 62, § 390-05-210, filed 8/26/75.]

     (1) The date that the candidate, treasurer, deputy treasurer, campaign manager, campaign chairperson or similarly situated campaign official obtains possession of the contribution, or

     (2) The date that the candidate, treasurer, deputy treasurer, campaign manager, campaign chairperson or similarly situated campaign official is informed of the contribution, or becomes aware that the campaign, or in the case of an earmarked contribution, the intermediary or conduit, has possession of the contribution, or

     (3) The date that the contribution becomes available for use by the candidate or committee.

[Statutory Authority: RCW 42.17.370. 93-16-064, § 390-05-215, filed 7/30/93, effective 8/30/93; 92-05-081, § 390-05-215, filed 2/18/92, effective 3/20/92.]

[Statutory Authority: RCW 42.17.370 and 2008 c 6 § 1303. 09-01-063, § 390-05-222, filed 12/11/08, effective 1/11/09.]

[Statutory Authority: RCW 42.17.370. 08-04-021, § 390-05-225, filed 1/28/08, effective 2/28/08.]

     (b) If, in determining "fair market value" or "value," the amount buyer would pay and the amount a seller would accept would be based on varying standards, then the fair market value of the contribution shall be based on the amount the contributor would ordinarily accept for selling the property, rather than the amount the candidate or political committee would ordinarily pay. For example, if a contributor who sells property in the ordinary course of this or her business at a wholesale price donates such property to a candidate or political committee who would ordinarily pay the retail price as a consumer, then the fair market value of the contribution shall be the wholesale price.

     (2)(a) Any person who donates an item for sale, raffle, auction or awarding at a fund-raising event is making a contribution to the recipient candidate or political committee in an amount equal to the fair market value of the item donated.

     (b) Any person who buys a donated item makes a contribution equal in value to the difference between the purchase or auction price and the fair market value of the donated item.

     (c) If the purchase or auction price is the same as the fair market value, the buyer's contribution is zero. If the purchase or auction price is less than the fair market value, the buyer's contribution is zero and the donor's contribution is reduced to the amount of the sale or auction price.

     (3) The value of any in-kind contribution donated to any candidate or political committee subject to contribution limits pursuant to RCW ((42.17.640)) 42.17A.405 or 42.17A.410 shall not, when combined with other contributions to that candidate or political committee, exceed the donor's applicable contribution limit as set forth in RCW ((42.17.640)) 42.17A.405 or 42.17A.410. The value of an in-kind contribution donated as an exempt contribution to a bona fide political party committee or other political committee eligible to receive exempt funds is only subject to the limit imposed by RCW ((42.17.105(8))) 42.17A.420.

     (4)(a) Except as provided in WAC 390-16-207, if a person permits a candidate, a candidate's authorized committee or a political committee to use the telephones of a business, union, organization or other entity without charge for the purpose of making local campaign-related calls, the telephone usage is an in-kind contribution and shall be valued at its fair market value or, if no fair market value is ascertainable, $1 per telephone per calendar day or part thereof.

     (b) If toll calls are permitted, the toll charges are also an in-kind contribution unless the candidate, the candidate's authorized committee or the political committee reimburses the person in full within 30 days of making the toll calls.

[Statutory Authority: RCW 42.17.390. 94-11-018, § 390-05-235, filed 5/5/94, effective 6/5/94. Statutory Authority: RCW 42.17.370. 93-22-002, § 390-05-235, filed 10/20/93, effective 11/20/93. Statutory Authority: RCW 42.17.370(1). 79-08-046 (Order 79-03), § 390-05-235, filed 7/19/79.]

     (1) "Ministerial functions" mean the activities and duties of an administrative office that satisfy RCW ((42.17.020 (15) and (34))) 42.17A.005 (13) and (33) and require:

     (a) Data entry for a candidate or political committee;

     (b) Filing reports that have been reviewed and approved for filing by the candidate or political committee officer;

     (c) Maintaining campaign finance and other similar records including making them available for inspection upon direction by the candidate or political committee officer;

     (d) Writing and depositing checks at the direction of the candidate or political committee officer;

     (e) Communications related to ministerial functions (to respond to questions about data entry, to discuss or review a candidate or committee's bank account balance, to schedule times to receive contribution checks at events, to review reports with the candidate or committee prior to filing, and similar communications) but do not involve attending strategy or campaign planning meetings or portions of meetings with candidates or political committee officers or their agents; or

     (f) Other similar campaign finance activities and duties.

     (2) "Administrative office" means a person performing campaign finance related clerical support or recordkeeping activities on behalf of candidates and political committees, when, for the purposes of RCW ((42.17.020 (15) and (34))) 42.17A.005 (13) and (33), those activities:

     (a) Are directed by the candidate or political committee officer and require performance of activities by the administrative office in a prescribed manner;

     (b) Are approved by the candidate or political committee officer for whom the services are performed;

     (c) Do not involve the exercise of personal judgment or discretion, including authorizing expenditures;

     (d) Do not involve the disclosure, except as required by law, of any information regarding a candidate or committee's plans, projects, activities or needs, or regarding a candidate's or committee's contributions or expenditures that is not already publicly available, or otherwise engage in activity that is a contribution; and

     (e) Do not involve the performance of functions other than ministerial functions.

     (3) A person performing only ministerial functions on behalf of two or more candidates or political committees is not:

     (a) Considered an agent so long as he or she has no authority to authorize expenditures or make decisions on behalf of the candidate or committee; or

     (b) An officer pursuant to WAC 390-05-245. However, that person's name, address and title must be reported on the C-1 or C-1pc registration form.

[Statutory Authority: RCW 42.17.370(1). 08-01-069, § 390-05-243, filed 12/14/07, effective 1/14/08.]

[Statutory Authority: RCW 42.17.370(1). 08-01-069, § 390-05-245, filed 12/14/07, effective 1/14/08; 96-09-015, § 390-05-245, filed 4/8/96, effective 5/9/96.]

[Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), § 390-05-250, filed 7/9/85; Order 62, § 390-05-250, filed 8/26/75.]

     (2) RCW ((42.17.130)) 42.17A.555 does not prevent a public office or agency from (a) making facilities available on a nondiscriminatory, equal access basis for political uses or (b) making an objective and fair presentation of facts relevant to a ballot proposition, if such action is part of the normal and regular conduct of the office or agency.

[Statutory Authority: RCW 42.17.370(1). 80-02-055 (Order 80-01), § 390-05-271, filed 1/17/80; 79-02-056 (Order 79-01), § 390-05-271, filed 1/31/79.]

[Statutory Authority: RCW 42.17.370(1). 79-02-056 (Order 79-01), § 390-05-273, filed 1/31/79.]

     (2) A reference to "political party affiliation," "political party," or "party" on disclosure forms adopted by the commission and in TITLE 390 WAC refers to the candidate's self-identified party preference.

[Statutory Authority: RCW 42.17.370. 11-05-047, § 390-05-274, filed 2/10/11, effective 3/13/11.]

[Statutory Authority: RCW 42.17.370. 11-05-049, § 390-05-275, filed 2/10/11, effective 3/13/11; 07-08-044, § 390-05-275, filed 3/28/07, effective 4/28/07.]

[Statutory Authority: RCW 42.17.370(1). 04-12-052, § 390-05-295, filed 5/28/04, effective 6/28/04.]

     (1) The F-1 financial reports of public officials required by RCW ((42.17.240)) 42.17A.700 and WAC 390-24-010, 390-24-020 and 390-24-025;

     (2) The L-5 public agency lobbying report required by RCW ((42.17.190)) 42.17A.635 and WAC 390-20-120;

     (3) The C-1 through C-4 campaign finance reports required for ballot issues by RCW ((42.17.040)) 42.17A.205 through ((42.17.090)) 42.17A.240 and 42.17A.425, and WAC 390-16-011, 390-16-031, 390-16-036, 390-16-041, and independent campaign expenditure reports (C-6) required for ballot issues by RCW ((42.17.100)) 42.17A.255 and WAC 390-16-050: Provided, That reporting requirements shall be reinstated by order of the commission at its next regular or special meeting if:

     (a) A certified "petition for disclosure" containing the valid signatures of fifteen percent of the number of registered voters of the jurisdiction as of the date of the most recent general election in the jurisdiction is filed with the commission; or

     (b) The jurisdiction has by ordinance, resolution or other official action petitioned the commission to void the suspension with respect to elected officials, candidates and ballot propositions for the jurisdiction.

     If reporting requirements are reinstated by petition, the commission shall promptly notify all known affected candidates and incumbent elected officials of their duty to file disclosure reports. Such individuals and committees shall be ordered to file the required statements within thirty days of the commission order.

[Statutory Authority: RCW 42.17.370. 92-05-080, § 390-05-300, filed 2/18/92, effective 3/20/92. Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), § 390-05-300, filed 7/9/85; 82-16-032 (Order 82-05), § 390-05-300, filed 7/28/82.]

[Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-05-500, filed 5/23/06, effective 6/23/06.]

     (2) "Electioneering communication" also does not include:

     (a) Letters to the editor or comparable communications to news media described in RCW ((42.17.020 (21)(c))) 42.17A.005 (19)(b)(iii);

     (b) Communications conveyed through web sites, e-mails, telephone calls, or in-person leaflet/pamphlet drops at street addresses; or

     (c) Communications conveyed in a manner not specified in RCW ((42.17.020(20))) 42.17A.005(19).

[Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-05-505, filed 5/23/06, effective 6/23/06.]

     (1) The commission will examine whether the organization is a legitimate membership organization with common interest goals and objectives, taking into account such factors as the organization's permanence, structure and whether it has formal organizing documents, membership criteria and services it provides its members.

     (2) With respect to the status of members of an organization, the commission will examine whether a valid, active relationship exists between the organization and its members or classes of members for purposes other than influencing the outcome of an election, taking into account such factors as whether the members affirmatively accept membership and the rights and obligations conferred on members by the organization including whether members have the right to vote for:

     (a) Election of directors or officers; or

     (b) Changes to the articles or bylaws; or

     (c) The disposition of all or substantially all of the assets of the organization or on a merger or dissolution.

     A required payment of a predetermined amount of membership dues is also a factor; however, an organization will not be considered a membership organization if it is primarily a commercial entity or for-profit entity selling products to customers even though it may refer to its customers as "members."

     (3) If a membership organization and its members satisfy the criteria regarding "membership associations" and "members" established by the Federal Election Commission (FEC) in 11 C.F.R. Sec. 100.134 (e)-(g), the commission will consider the organization and its members as qualifying for the exemption in RCW ((42.17.020 (15)(b)(v) and (21)(g))) 42.17A.005 (13)(b)(v) and (19)(b)(vii), unless the communication was not sent primarily to members. However, these FEC criteria are not the only indicators of legitimate membership organizations or valid members, a determination that will be made by the commission on a case-by-case basis as necessary.

     (4) In determining whether an internal political communication is "primarily" limited to the members of an organization or political committee, the commission will consider whether any distribution to nonmembers is incidental and isolated.

[Statutory Authority: RCW 42.17.370. 09-04-022, § 390-05-515, filed 1/27/09, effective 2/27/09. Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-05-515, filed 5/23/06, effective 6/23/06.]

     For example, if a national corporation headquartered outside of Washington state has retail outlets in Washington and that national corporation contributes two hundred fifty dollars to an out-of-state political committee that is subject to reporting under RCW ((42.17.093)) 42.17A.250, the out-of-state committee is not required to disclose the national corporation as a contributor under RCW ((42.17.093)) 42.17A.250 (1)(f).

[Statutory Authority: RCW 42.17.370 and 42.17.093 (1)(i). 06-18-035, § 390-05-522, filed 8/28/06, effective 9/28/06.]

     (2) Goods, services, property or rights other than money or its equivalent are deemed to have a monetary value equivalent to their fair market value.

     (3) "Source of funds" does not include those things of value specified in RCW ((42.17.020 (15)(b))) 42.17A.005 (13)(a)(i).

[Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-05-530, filed 5/23/06, effective 6/23/06.]

     The following section of the Washington Administrative Code is repealed:

WAC 390-05-196

Bona fide political party -- Application of term.

OTS-4406.1

AMENDATORY SECTION(Amending WSR 90-16-083, filed 7/31/90, effective 8/31/90)

WAC 390-12-050   Operations and procedures.   (1) The public disclosure commission was created by the passage of Initiative 276 in 1972 for the principal purpose of providing the public with accurate information about certain financial affairs of candidates and elected officials, about the financing of election campaigns and the sponsors of political advertising, and about expenditures made in the course of lobbying. The initiative also contains provisions guaranteeing citizen access to most records of most elements of state and local government.

     (2) The duties, responsibilities and powers of the commission are set forth in RCW ((42.17.360, 42.17.370, 42.17.395 and 42.17.397)) 42.17A.105, 42.17A.110, 42.17A.120, 42.17A.125, 42.17A.755, and 42.17A.760. Provisions for establishing the commission and appointing the members thereof are stated in RCW ((42.17.350)) 42.17A.100.

     (3) Commissioners meet monthly to consider and act on major policy matters, on requests for reporting modifications and on enforcement cases. All meetings are conducted in accordance with the Open Public Meetings Act (chapter 42.30 RCW) and the Administrative Procedure Act (chapter 34.05 RCW), and Sturgis Standard Code of Parliamentary Procedure. The passage of any motion adopting, amending or repealing any rule, or recommending changes to the act shall require a majority vote of the members of the commission as distinguished from a quorum of the commissioners.

     (4) The staff prepares and distributes reporting forms and instructions in the most practical manner to persons subject to the law. The instructions are intended to satisfy the requirement of RCW ((42.17.360)) 42.17A.105 to publish bookkeeping manuals. The staff also provides personal instruction and technical assistance to persons with specific problems and questions.

     (5) Between 45,000 and 55,000 reports are received during a calendar year from an average of 9,500 reporting "clients." The staff receives these reports, records their receipt, and microfilms and files them. Every effort is made to have reports filmed and available for public inspection and copying within twenty-four hours of their receipt.

     (6) Procedures for accessing the files of the agency are given in chapter 390-14 WAC. The staff will provide microfiche copies of reports when requested by mail or telephone. Reports are generally sent the same day the request is received. Answers to telephone inquiries seeking information from particular reports will be limited to (a) verification that a report is on file and (b), if regarding a campaign financing report, the most recent totals for contributions and expenditures.

     (7) While some citizens will benefit from the reports by personally reviewing them, most will look to the news media for information. The staff compiles occasional summaries and studies for distribution to news outlets. Known as "Reports to the Public," they provide a condensed mirror image of the information in reports filed with the commission.

     (8) The act demands complete, accurate and timely reporting. The commission, as a vehicle of communication between those engaged in political life and the general public, is expected to take whatever actions are necessary to assure the public of having the information it is entitled to; that the flow of communication is not interrupted by those responsible for providing the information. Within the resources provided the commission, reports are reviewed, field audits are conducted and complaints are investigated. The staff concentrates on assisting people in meeting their obligations under the law in hopes of fulfilling the purpose of the act without having to resort to enforcement actions resulting in embarrassment and monetary penalties. Gross negligence and evasions of the act will not be tolerated, however. Acting without fear or favor, the staff will bring to the commissioners for appropriate action all matters where there is evidence of a material violation of chapter ((42.17)) 42.17A RCW and/or lack of substantial compliance.

[Statutory Authority: RCW 42.17.370. 90-16-083, § 390-12-050, filed 7/31/90, effective 8/31/90. Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), § 390-12-050, filed 7/9/85; 79-10-017 (Order 79-05), § 390-12-050, filed 9/7/79.]

OTS-4407.1

AMENDATORY SECTION(Amending WSR 02-03-018, filed 1/4/02, effective 2/4/02)

WAC 390-13-010   Optional format for requests for lists of individuals.   The use of a list of individuals obtained from an agency for commercial purposes is prohibited by RCW ((42.17.260)) 42.56.070. Therefore, the following format is adopted by the commission and authorized for use by agencies, at their option, to bring uniformity to the administration of that statute.

     1. I have requested copies of the following public records:

     2. I understand that Washington state law, RCW ((42.17.260)) 42.56.070, prohibits the use of lists of individuals for commercial purposes.

     3. I understand that the use for commercial purposes of said records may also violate the rights of the individuals named therein and may subject me to liability for such commercial use.

     4. I understand that section 2 or 3 herein apply when I use said records for commercial purposes and when others use said records or copies of same for commercial purposes. I understand that I may be liable in either case.

     5. I understand that "commercial purposes" means that the person requesting the record intends that the list will be used to communicate with the individuals named in the record for the purpose of facilitating profit expecting activity.

     6. Therefore, I do hereby swear and affirm on oath and under penalty of law that I will not use said records for commercial purposes and that further, it is my affirmative duty to prevent others from using said records for commercial purposes.

Signature
SUBSCRIBED AND SWORN to before me this day of , 20 .
_________________ Notary Public in and for the state of Washington residing at .

[Statutory Authority: RCW 42.17.370(1). 02-03-018, § 390-13-010, filed 1/4/02, effective 2/4/02; 00-22-057, § 390-13-010, filed 10/27/00, effective 11/27/00; 96-05-001, § 390-13-010, filed 2/7/96, effective 3/9/96; 83-11-004 (Order 83-01), § 390-13-010, filed 5/6/83.]

OTS-4431.1

AMENDATORY SECTION(Amending WSR 99-12-057, filed 5/27/99, effective 6/27/99)

WAC 390-14-015   Public records officer.   The executive director is the commission's public records officer. The public records officer is responsible for implementing the commission's administrative rules regarding release of public records, coordinating the staff of the commission in this regard, and insuring compliance by the staff with the public records disclosure requirements of chapter ((42.17)) 42.56 RCW.

[Statutory Authority: RCW 42.17.370(1). 99-12-057, § 390-14-015, filed 5/27/99, effective 6/27/99; 85-15-020 (Order 85-03), § 390-14-015, filed 7/9/85; Order 62, § 390-14-015, filed 8/26/75.]

     The commission office is located at 711 Capitol Way, Room 206, Evergreen Plaza Building, Olympia, Washington. The mailing address is: Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908. Telephone number: ((())360(()))-753-1111. Toll-free telephone number: 1-877-601-2828. Facsimile number: ((())360(()))-753-1112. Electronic mail: pdc@pdc.wa.gov.

     (2) Whenever a member of the public requests assistance, the staff member to whom the request is made shall assist the member of the public in identifying the appropriate public record.

[Statutory Authority: RCW 42.17.370(1). 02-03-018, § 390-14-025, filed 1/4/02, effective 2/4/02; 99-12-059, § 390-14-025, filed 5/27/99, effective 6/27/99; 85-15-020 (Order 85-03), § 390-14-025, filed 7/9/85; Order 64, § 390-14-025, filed 11/25/75; Order 62, § 390-14-025, filed 8/26/75.]

     (1) In January of 2001, when reports are filed with the commission, staff will endeavor to make the report available as follows:    

     (a) Submitted by electronic means:

     (i) Available in the commission office within two business days and;

     (ii) ((Aailable)) Available on the commission web site within four business days.

     (b) Submitted on paper:

     (i) Available in the commission office within four business days and;

     (ii) Available on the commission web site within seven business days.

     (2) In January of 2002, when reports are filed with the commission, staff will endeavor to make the report available as follows:    

     (a) Submitted by electronic means available in the commission office and on the commission web site within two business days and;

     (b) Submitted by paper, available in the commission office and on the commission web site within four business days.

[Statutory Authority: RCW 42.17.370(1). 00-22-058, § 390-14-026, filed 10/27/00, effective 11/27/00.]

     (2) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

[Statutory Authority: RCW 42.17.370(1). 99-12-061, § 390-14-035, filed 5/27/99, effective 6/27/99; 85-15-020 (Order 85-03), § 390-14-035, filed 7/9/85; Order 62, § 390-14-035, filed 8/26/75.]

     (2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer shall refer it to the chair of the commission. The chair shall immediately consider the matter and either affirm or reverse, in whole or in part, such denial or call a special meeting of the commission as soon as legally possible to review the denial. In any case, the request shall be returned with a final decision within two business days following the original denial in accordance with RCW ((42.17.320)) 42.56.520.

[Statutory Authority: RCW 42.17.370(1). 99-12-062, § 390-14-040, filed 5/27/99, effective 6/27/99. Statutory Authority: RCW 42.17.390. 94-05-010, § 390-14-040, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), § 390-14-040, filed 7/9/85; Order 62, § 390-14-040, filed 8/26/75.]

     (2) The list shall contain the names of those entities that are reported by state elected officials and successful candidates for state office pursuant to RCW ((42.17.241)) 42.17A.710 (1)(g).

[Statutory Authority: RCW 42.17.370(1). 99-12-064, § 390-14-100, filed 5/27/99, effective 6/27/99; 85-15-020 (Order 85-03), § 390-14-100, filed 7/9/85; 80-05-097 (Order 80-05), § 390-14-100, filed 5/2/80; 79-10-017 (Order 79-05), § 390-14-100, filed 9/7/79; Order 62, § 390-14-100, filed 8/26/75.]

     (2) The commission shall presume it is a manifestly unreasonable hardship for a lobbyist employer or other person filing PDC Form C-7 pursuant to RCW ((42.17.180)) 42.17A.630 to report the compensation paid to a state elected official, a successful candidate for state office, an immediate family member of a state elected official or successful candidate for state office, or a corporation, partnership, joint venture, association, union or other entity in which one of these individuals holds any office, directorship, general partnership interest, or an ownership interest of ten percent or more, if:

     (a) The name of such official, candidate, family member or entity does not appear on the most recent list of state elected officials prepared by the commission pursuant to WAC 390-14-100; and

     (b) The lobbyist employer or other filer does not have actual knowledge of compensation being paid to such official, candidate, family member or entity.

[Statutory Authority: RCW 42.17.370(1). 99-12-065, § 390-14-110, filed 5/27/99, effective 6/27/99; 80-05-097 (Order 80-05), § 390-14-110, filed 5/2/80; Order 62, § 390-14-110, filed 8/26/75.]

OTS-4432.1

AMENDATORY SECTION(Amending WSR 10-20-011, filed 9/24/10, effective 10/25/10)

WAC 390-16-012   Forms -- Registration statement for candidates.   The official form for providing the statement of organization by candidates and candidate's committees, for designating a campaign treasurer and depository and for reporting information required to qualify for mini campaign finance reporting is designated "C-1," revised ((11/10)) 1/12. Copies of this form are available at the Commission Office, 711 Capitol Way, Room 206, P.O. Box 40908, Olympia, Washington, 98504-0908. Any attachments shall be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370(1). 10-20-011, § 390-16-012, filed 9/24/10, effective 10/25/10; 08-01-069, § 390-16-012, filed 12/14/07, effective 1/14/08. Statutory Authority: RCW 42.17.370. 06-08-039, § 390-16-012, filed 3/29/06, effective 4/29/06; 05-06-070, § 390-16-012, filed 3/1/05, effective 4/1/05; 01-10-054, § 390-16-012, filed 4/26/01, effective 6/1/01. Statutory Authority: RCW 42.17.370(1). 00-22-051, § 390-16-012, filed 10/27/00, effective 11/27/00; 99-22-084, § 390-16-012, filed 11/2/99, effective 12/3/99. Statutory Authority: RCW 42.17.390. 94-05-011, § 390-16-012, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370. 93-15-004, § 390-16-012, filed 7/7/93, effective 8/7/93; 92-18-002, § 390-16-012, filed 8/20/92, effective 9/20/92; 89-20-068, § 390-16-012, filed 10/4/89, effective 11/4/89.]

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 02-01-014, filed 12/7/01, effective 1/7/02)

WAC 390-16-031   Forms for statement of contributions deposit.   The official form for statement of contributions deposit is designated "C-3," revised ((1/02)) 1/12. Copies of this form are available at the Commission Office, Room 206, Evergreen Plaza Building, Olympia, Washington 98504. Any paper attachments shall be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370(1). 02-01-014, § 390-16-031, filed 12/7/01, effective 1/7/02. Statutory Authority: RCW 42.17.390. 94-05-011, § 390-16-031, filed 2/3/94 effective 3/6/94. Statutory Authority: RCW 42.17.370. 93-09-002, § 390-16-031, filed 4/8/93, effective 5/9/93; 89-20-068, § 390-16-031, filed 10/4/89, effective 11/5/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-16-031, filed 2/5/86; 84-05-018 (Order 84-01), § 390-16-031, filed 2/10/84; 82-11-026 (Order 82-03), § 390-16-031, filed 5/10/82; 82-02-007 (Order 81-04), § 390-16-031, filed 12/28/81; 81-14-038 (Order 81-02), § 390-16-031, filed 6/29/81; Order 62, § 390-16-031, filed 8/26/75; Order 60, § 390-16-031, filed 7/16/75.]

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[Statutory Authority: RCW 42.17.370(1). 02-03-018, § 390-16-032, filed 1/4/02, effective 2/4/02; 99-22-081, § 390-16-032, filed 11/2/99, effective 12/3/99. Statutory Authority: RCW 42.17.390. 94-05-011, § 390-16-032, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370. 92-19-011, § 390-16-032, filed 9/3/92, effective 10/4/92; 89-20-068, § 390-16-032, filed 10/4/89, effective 11/4/89.]

[Statutory Authority: RCW 42.17.370(1). 02-03-018, § 390-16-033, filed 1/4/02, effective 2/4/02. Statutory Authority: RCW 42.17.390. 94-05-011, § 390-16-033, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370. 90-16-083, § 390-16-033, filed 7/31/90, effective 8/31/90; 89-20-068, § 390-16-033, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-14-056 (Order 86-05), § 390-16-033, filed 6/27/86.]

[Statutory Authority: RCW 42.17.370(1). 02-01-014, § 390-16-034, filed 12/7/01, effective 1/7/02; 96-05-001, § 390-16-034, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.370. 93-24-003, § 390-16-034, filed 11/18/93, effective 12/19/93.]

     (2) Whenever an expenditure is made to a candidate or a political committee pursuant to an agreement or understanding of any kind regarding how the recipient will use the expenditure, the report shall describe in detail that agreement or understanding((,)); and

     (3) Describe in detail the goods and/or services to be provided by the recipient of the expenditure.

     Example A: If an expenditure is for a get-out-the-vote campaign, the purpose shall include the following details:

Vendor Name	Purpose	Amount
XYZ Consulting	GOTV -- phone bank 28th and 29th Legislative districts	$1,000

     Example B: If an expenditure is for printing, the purpose shall include the following details:

Vendor Name	Purpose	Amount
ABC Printing	5,000 brochures	$3,000

     Example C: If an expenditure is for broadcast political advertisements, the purpose shall include the following details:

Vendor Name	Purpose		Amount
Media King	Television ads		$50,000
	WZUB TV	$30,000
	WXXX TV	$10,000
	WCRB TV	$10,000

[Statutory Authority: RCW 42.17.370(1). 04-01-134, § 390-16-037, filed 12/18/03, effective 1/18/04; 96-05-001, § 390-16-037, filed 2/7/96, effective 3/9/96; 82-05-001 (Order 82-01), § 390-16-037, filed 2/4/82.]

     (1) A candidate for state or local office subject to contribution limits under RCW ((42.17.640)) 42.17A.405, the total amount of contributions received by the candidate, an agent of the candidate and any political committee affiliated with the candidate from the beginning of the election cycle;

     (2) A candidate for local office not subject to contribution limits under RCW ((42.17.640)) 42.17A.405 or judicial office, the total amount of contributions received by the candidate, an agent of the candidate and any political committee affiliated with the candidate from the beginning of the candidate's campaign;

     (3) A bona fide political party or caucus political committee, the total amount of contributions received by the committee from January 1 of the current calendar year;

     (4) A political committee, the total amount of contributions received by the committee from the date of organization;

     (5) A continuing political committee, the total amount of contributions received by the committee from January 1 of the current calendar year;

     (6) A contributor, the total amount of all contributions received from a person, and any person affiliated with the person, to any one candidate or political committee;

     (7) A person making independent expenditures with respect to a candidate and the reporting and disclosure provisions of RCW ((42.17.100, 42.17.180, 42.17.510 and 42.17.550)) 42.17A.255, 42.17A.630, and 42.17A.320, an independent expenditure made by a person in support of a candidate shall be added to any independent expenditure by the same person in opposition to one or more of the candidate's opponents; and, for purposes of a person making independent expenditures with respect to a ballot proposition, an independent expenditure made by a person in support of a ballot proposition shall be added to any independent expenditure by the same person in opposition to the ballot proposition or in support of an alternative ballot proposition;

     (8) The special reports required by RCW ((42.17.105 and 42.17.175)) 42.17A.265 and 42.17A.625, the total amount of contributions received or expenditures made by a single person or entity during the special reporting period;

     (9) An employer of a registered lobbyist, the total amount of all contributions made to a political committee supporting or opposing a candidate for state office, or to a political committee supporting or opposing a statewide ballot proposition during the preceding calendar year;

     (10) The sponsor of a grass roots lobbying campaign, the total amount of contributions received since the beginning of the campaign and the total amount of expenditures made during the time frames specified in RCW ((42.17.200(1))) 42.17A.640(1);

     (11) RCW ((42.17.245)) 42.17A.570, the total amount of all time and demand deposits in each financial institution on December 31;

     (12) RCW ((42.17.395(4))) 42.17A.755(4), the total amount of monetary penalty that the commission may impose for multiple violations of the act.

[Statutory Authority: RCW 42.17.370(1). 10-20-012, § 390-16-038, filed 9/24/10, effective 10/25/10; 02-03-018, § 390-16-038, filed 1/4/02, effective 2/4/02; 96-09-016, § 390-16-038, filed 4/8/96, effective 5/9/96. Statutory Authority: RCW 42.17.370. 93-22-002, § 390-16-038, filed 10/20/93, effective 11/20/93. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-16-038, filed 2/5/86; Order 62, § 390-16-038, filed 8/26/75.]

     (a) Funds on hand;

     (b) The total of outstanding pledges;

     (c) Unpaid loans and outstanding obligations;

     (d) Pledges given to others but not yet paid.

     (2) Each candidate, each political committee and each continuing political committee organized to support or oppose a particular candidate or ballot proposition shall report total contributions and expenditures for the period beginning at the time the person becomes a candidate or when the committee is organized, whichever is earlier, and ending when the candidacy or committee is terminated.

     (3) This rule shall not require a report unless such report would otherwise be required by chapter ((42.17)) 42.17A RCW.

[Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-16-039, filed 2/5/86; 79-09-041 (Order 79-04), § 390-16-039, filed 8/17/79; Order 70, § 390-16-039, filed 2/25/76.]

     (2) Copies of these forms are available at the Commission Office, 711 Capitol Way, Room 206, P.O. Box 40908, Olympia, Washington 98504-0908. Any paper attachments shall be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370(1). 10-20-011, § 390-16-041, filed 9/24/10, effective 10/25/10; 04-01-132, § 390-16-041, filed 12/18/03, effective 1/18/04; 02-01-014, § 390-16-041, filed 12/7/01, effective 1/7/02; 99-22-082, § 390-16-041, filed 11/2/99, effective 12/3/99. Statutory Authority: RCW 42.17.370(1) and 42.17.090 (1)(k). 97-06-085, § 390-16-041, filed 3/3/97, effective 4/3/97. Statutory Authority: RCW 42.17.390. 94-05-011, § 390-16-041, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370. 93-09-002, § 390-16-041, filed 4/8/93, effective 5/9/93; 92-18-002, § 390-16-041, filed 8/20/92, effective 9/20/92; 92-05-080, § 390-16-041, filed 2/18/92, effective 3/20/92; 91-22-033, § 390-16-041, filed 10/30/91, effective 11/30/91; 90-16-083, § 390-16-041, filed 7/31/90, effective 8/31/90; 89-20-068, § 390-16-041, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-08-030 (Order 86-02), § 390-16-041, filed 3/26/86; 86-04-071 (Order 86-01), § 390-16-041, filed 2/5/86; 84-05-018 (Order 84-01), § 390-16-041, filed 2/10/84; 82-11-026 (Order 82-03), § 390-16-041, filed 5/10/82; 82-02-007 (Order 81-04), § 390-16-041, filed 12/28/81; Order 91, § 390-16-041, filed 7/22/77; Order 62, § 390-16-041, filed 8/26/75; Order 60, § 390-16-041, filed 7/16/75.]

     (2) To file as an out-of-state political committee, all the criteria in (a) and (b) of this subsection must be satisfied:

     (a) Out-of-state. First, the committee must be located out-of-state. It must be maintaining its office or headquarters in another U.S. state or the District of Columbia, and has no office, street address or corporate registered agent in Washington state. If there is no office or headquarters in another state or the District of Columbia, and no corporate registered agent in Washington state, the political committee is deemed out-of-state if its treasurer resides in another U.S. state or the District of Columbia.

     (b) Organizational purpose and campaign activities. Second, the committee must also be currently organized primarily for engaging in campaign activities in another state. Therefore, to qualify as a current out-of-state committee, the committee must also:

     (i) Be currently registered and actively filing campaign disclosure reports in one or more other states and has been so filing for the preceding two years; and

     (ii) Have organizational documents showing it was originally formed and is currently organized for the purpose of making expenditures in another state or soliciting contributions for use in another state's election campaigns; and

     (iii) Have spent less than twenty percent of its aggregate expenditures for all political campaign activity nationwide at any point in any calendar year to support and/or oppose Washington candidates for state, local and judicial office, Washington ballot measures and/or Washington political committees.

     (3) A committee that does not satisfy the criteria in subsection (2) of this section shall file as an in-state committee under chapter ((42.17)) 42.17A RCW, including RCW ((42.17.040 through 42.17.090)) 42.17A.205 through 42.17A.240.

     (4) Out-of-state political committees reporting under RCW ((42.17.093)) 42.17A.250 are also subject to reporting pursuant to RCW ((42.17.103)) 42.17A.260 (political advertising independent expenditures) and RCW ((42.17.565 through 42.17.575)) 42.17A.305 through 42.17A.315 (electioneering communications).

[Statutory Authority: RCW 42.17.370(1). 09-19-003 and 09-19-102, § 390-16-049, filed 9/2/09 and 9/21/09, effective 10/3/09 and 11/4/09.]

     (2) An out-of-state political committee shall report pursuant to RCW ((42.17.565)) 42.17A.305 if it sponsors an electioneering communication defined in RCW ((42.17.020)) 42.17A.005.

     (3) The sponsor of an electioneering communication shall report pursuant to RCW ((42.17.565)) 42.17A.305 and commission rules regarding electioneering communications, even if the expenditure also satisfies the definition of independent expenditure in RCW ((42.17.020 or 42.17.100)) 42.17A.005 or 42.17A.255. Persons in compliance with this subsection are deemed in compliance with RCW ((42.17.100 or 42.17.103)) 42.17A.255 or 42.17A.260.

     (4) Any person making an expenditure that is reportable under RCW ((42.17.200)) 42.17A.640, grass roots lobbying campaigns, that also satisfies the definition of electioneering communication in RCW ((42.17.020)) 42.17A.005 shall file pursuant to RCW ((42.17.565)) 42.17A.305 and commission rules regarding electioneering communications.

[Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-16-063, filed 5/23/06, effective 6/23/06.]

     (2) The report is entitled "Special Political Expenditures" and is designated "C-7" revised 12/08.

[Statutory Authority: RCW 42.17.370. 09-02-021, § 390-16-071, filed 12/30/08, effective 1/30/09. Statutory Authority: RCW 42.17.370(1). 02-01-015, § 390-16-071, filed 12/7/01, effective 1/7/02. Statutory Authority: RCW 42.17.370(1) and 42.17.180 (1)(h). 98-01-062, § 390-16-071, filed 12/11/97, effective 1/11/98. Statutory Authority: RCW 42.17.390. 95-01-074A, § 390-16-071, filed 12/16/94, effective 1/16/95; 94-11-016, § 390-16-071, filed 5/5/94, effective 6/5/94.]

     (2) A political committee, as that term is defined in RCW ((42.17.020)) 42.17A.005, shall not be required to comply with the provisions of RCW ((42.17.065 through 42.17.090)) 42.17A.225 through 42.17A.240 except as otherwise prescribed in WAC 390-16-038, 390-16-115, and 390-16-125 when neither aggregate contributions nor aggregate expenditures exceed five thousand dollars and no contribution or contributions from any person exceed five hundred dollars.

     (3) A continuing political committee, as that term is defined in RCW ((42.17.020)) 42.17A.005, shall not be required to comply with the provisions of RCW ((42.17.065 through 42.17.090)) 42.17A.225 through 42.17A.240 except as otherwise prescribed in WAC 390-16-038, 390-16-115, and 390-16-125 when neither aggregate contributions nor aggregate expenditures during a calendar year exceed five thousand dollars and no contribution or contributions from any person exceed five hundred dollars.

     (4) Candidates and political committees are required to comply with all applicable provisions of chapter ((42.17)) 42.17A RCW including, but not limited to, false political advertising, sponsor identification and public inspection of campaign books of account unless specifically exempted under subsections (1) through (3) of this section.

[Statutory Authority: RCW 42.17.370 (1) and (8). 08-01-058, § 390-16-105, filed 12/14/07, effective 1/14/08. Statutory Authority: RCW 42.17.370. 05-11-001, § 390-16-105, filed 5/4/05, effective 6/4/05. Statutory Authority: RCW 42.17.370(1). 02-03-018, § 390-16-105, filed 1/4/02, effective 2/4/02. Statutory Authority: RCW 42.17.370. 01-10-050, § 390-16-105, filed 4/26/01, effective 6/1/01. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-16-105, filed 2/5/86; Order 91, § 390-16-105, filed 7/22/77; Order 62, § 390-16-105, filed 8/26/75.]

[Statutory Authority: RCW 42.17.370 (1) and (8). 08-01-058, § 390-16-111, filed 12/14/07, effective 1/14/08. Statutory Authority: RCW 42.17.370. 01-10-051, § 390-16-111, filed 4/26/01, effective 6/1/01; 89-20-068, § 390-16-111, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-16-111, filed 2/5/86; Order 77, § 390-16-111, filed 6/2/76.]

     (1) A candidate shall, within fourteen days of first:

     (a) Receiving contributions, making expenditures, reserving space or facilities or purchasing commercial advertising space or broadcast time to promote his or her candidacy;

     (b) Giving his or her consent to another person to take on behalf of the candidate any of the action in (a) of this subsection; or

     (c) Announcing publicly or filing a declaration of candidacy with the appropriate elections official, file the C-1 registration statement with the commission. The statement must declare that the candidate will not exceed the contribution or expenditure limits set out in WAC 390-16-105.

     (2) A political committee shall, within fourteen days after its organization or after the date when it first has the expectation of receiving contributions or making expenditures in any election campaign, whichever is earlier, file the C-1pc registration statement with the commission.

     (3) The statement filed under subsection (2) of this section shall declare that the political committee will not exceed the contribution or expenditure limits set out in WAC 390-16-105.

     (4) In addition to complying with subsections (2) and (3) of this section, a continuing political committee shall also file a C-1pc between January 1 and January 31 for each year in which the committee intends to use the mini reporting system. Failure to file a new registration statement during January will automatically terminate the committee's entitlement to use the mini reporting system until such time as a new C-1pc is filed.

     (5) A candidate or political committee shall keep current records in sufficient detail to allow the candidate or political committee to make reports otherwise required by RCW ((42.17.040 through 42.17.090)) 42.17A.205 through 42.17A.240 in the event that the filing of such reports becomes necessary as a result of exceeding the contribution or expenditure limitation pursuant to the provisions of WAC 390-16-125.

     (6) A candidate or political committee treasurer shall, during the eight days immediately preceding the date of the election, maintain records of contributions and expenditures current within one business day. These records shall be open for public inspection during the hours designated on the registration statement at the principal campaign headquarters or, if there is no campaign headquarters, at a local address of the campaign treasurer or such other place as may be authorized by the commission.

     (7) The records of contributions and expenditures shall be available for audit or examination by representatives of the public disclosure commission at any time upon request from the commission.

[Statutory Authority: RCW 42.17.370(1). 10-20-011, § 390-16-115, filed 9/24/10, effective 10/25/10. Statutory Authority: RCW 42.17.370 and 42.17.690. 01-22-051, § 390-16-115, filed 10/31/01, effective 1/1/02. Statutory Authority: RCW 42.17.370. 89-20-068, § 390-16-115, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-16-115, filed 2/5/86; 82-14-016 (Order 82-04), § 390-16-115, filed 6/28/82; Order 62, § 390-16-115, filed 8/26/75.]

     (a) An amended registration statement (Form C-1 for candidates, Form C-1pc for political committees) selecting the full reporting option as provided in RCW ((42.17.065 - 42.17.090)) 42.17A.225 through 42.17A.240;

     (b) PDC forms C-3 and C-4 with relevant schedules and attachments disclosing all contributions and expenditures to date reportable under RCW ((42.17.090)) 42.17A.240 for the election campaign, or in the case of continuing political committees, for the calendar year; and

     (c)(i) If the applicant is a candidate, a statement affirming that all candidates registered with the commission for the office being sought have been notified personally in writing of the application, and the manner and date of such notification;

     (ii) If the applicant is the treasurer of a political committee supporting or opposing a ballot proposition, a statement affirming that all treasurers of all political committees registered with the commission as supporting or opposing the proposition have been notified personally in writing of the application, and the manner and date of such notification; or

     (iii) If the applicant is the treasurer of a county or legislative district party committee, a statement affirming that the treasurer of that party committee's counterpart in any other major political party has been notified personally in writing of the application, and the manner and date of such notification.

     (2) An application that is submitted without the required documents described in subsection (1) of this section is incomplete and will not be processed or approved. If the applicant provides the missing documents, the application will be determined to be complete on the date the documents are postmarked or delivered to the commission.

     (3) If a complete application is postmarked or delivered to the commission on or before thirty business days prior to the date of the election, the application shall be approved by the executive director.

     (4) If a complete application is postmarked or delivered to the commission on or after twenty-nine business days prior to the election, the application shall be approved by the executive director only if one or more of the following factors are present:

     (a) The applicant's campaign had its respective C1 or C1pc on file with the commission forty-one or more days before the election and the commission staff did not send to the applicant's campaign in a timely and proper manner, either electronically or by other mail delivery service, a notice that the thirtieth business day deadline for unrestricted changes in reporting options is approaching. To be timely and proper, this notice must be sent at least forty business days before the election to the campaign's electronic mail address or postal service mailing address specified on the registration statement;

     (b) The applicant is a candidate and, within thirty business days of the election, a write-in opponent has filed for office in accordance with chapter 29A.24 RCW;

     (c) Within thirty business days of the election, an independent expenditure as defined in RCW ((42.17.020)) 42.17A.005 is made in support of the applicant's opponent or in opposition to the applicant; or

     (d) When a candidate or political committee on one side of an election campaign or proposition has been approved to change reporting options under this section, each opponent of that candidate or political committee is approved to change options as of the date that opponent postmarks or delivers a complete application to the commission.

     (5) Exceeding the aggregate contributions or aggregate expenditures specified in WAC 390-16-105 without complying with the provisions of this section shall constitute one or more violations of chapter ((42.17)) 42.17A RCW or 390-17 WAC.

[Statutory Authority: RCW 42.17.370 (1) and (8). 08-01-058, § 390-16-125, filed 12/14/07, effective 1/14/08. Statutory Authority: RCW 42.17.370. 05-11-001, § 390-16-125, filed 5/4/05, effective 6/4/05. Statutory Authority: RCW 42.17.370 and 42.17.690. 01-22-051, § 390-16-125, filed 10/31/01, effective 1/1/02. Statutory Authority: RCW 42.17.370. 92-18-002, § 390-16-125, filed 8/20/92, effective 9/20/92; 92-05-079, § 390-16-125, filed 2/18/92, effective 3/20/92; 90-16-083, § 390-16-125, filed 7/31/90, effective 8/31/90; 89-20-068, § 390-16-125, filed 10/4/89, effective 11/4/89. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-16-125, filed 2/5/86; Order 91, § 390-16-125, filed 7/22/77; Order 67, § 390-16-125, filed 1/16/76; Order 62, § 390-16-125, filed 8/26/75.]

     (2) A candidate or sponsor of a ballot proposition who, or a political committee which, is the subject of the rating, evaluation, endorsement or recommendation shall not be required to report such expenditure as a contribution unless the candidate, sponsor, committee or an agent thereof advises, counsels or otherwise encourages the person to make the expenditure.

[Statutory Authority: RCW 42.17.370. 08-06-061, § 390-16-206, filed 3/3/08, effective 4/3/08. Statutory Authority: RCW 42.17.370(1). 86-08-030 (Order 86-02), § 390-16-206, filed 3/26/86; Order 84, § 390-16-206, filed 8/18/76.]

     (2) An in-kind contribution also occurs when a person makes an expenditure that:

•	Supports or opposes a candidate or a ballot measure((,));
•	Meets the definition of contribution in RCW ((42.17.020)) 42.17A.005 or WAC 390-05-210((,)); and
•	Is other than a monetary contribution made directly to a candidate or political committee.

For example, an in-kind contribution occurs when a person, after collaborating with a candidate or a candidate's agent, purchases space in a newspaper for political advertising supporting that candidate or opposing that candidate's opponent.

     (3) An in-kind contribution also occurs when a person makes an electioneering communication that is a contribution as provided in RCW ((42.17.570)) 42.17A.310.

     (4) According to RCW ((42.17.095)) 42.17A.430 and WAC 390-16-238, a candidate may not use his or her campaign funds to make a contribution, including an in-kind contribution, to another candidate or a political committee. However, under RCW ((42.17.095)) 42.17A.430, a candidate may use surplus funds as defined in RCW ((42.17.020)) 42.17A.005 to make a contribution to a political party or caucus political committee.

     (5) In-kind contributions to recipients who have limits under RCW ((42.17.640 or 42.17.645)) 42.17A.405 or 42.17A.410.

     (a) If a candidate receives in-kind contributions from any person valued at more than $25 in the aggregate for an election, the contribution is reportable by the giver and the recipient pursuant to chapter ((42.17)) 42.17A RCW and is subject to the applicable contribution limit provided in RCW ((42.17.640 or 42.17.645)) 42.17A.405 or 42.17A.410.

     (b) If a bona fide political party or legislative caucus committee receives in-kind contributions from any person valued at more than $25 in the aggregate during a calendar year, the contribution is reportable by the giver and the recipient pursuant to chapter ((42.17)) 42.17A RCW and is subject to the applicable contribution limit provided in RCW ((42.17.640)) 42.17A.405.

     (c) If an elected official against whom recall charges have been filed or a political committee supporting the recall of an elected official receives in-kind contributions from any person valued at more than $25 in the aggregate during a recall campaign, the contribution is reportable by the giver and the recipient pursuant to chapter ((42.17)) 42.17A RCW and is subject to the applicable contribution limits provided in RCW ((42.17.640 or 42.17.645)) 42.17A.405 or 42.17A.410.

     (6) Political committees that make in-kind contributions. Except as provided for in subsection (5) of this section, a political committee that makes in-kind contributions to a candidate or political committee totaling more than $50 in the aggregate during a reporting period must identify the recipient and the amount of the contribution as part of its C-4 report covering that period.

     If the in-kind contribution is in the form of an expenditure that has been obligated, but not yet paid, the identity of the recipient candidate or political committee, along with a good faith estimate of the value of the contribution, must be disclosed in part 3 of Schedule B, in addition to the other information required by the form. When the expense is paid, the recipient's name and the amount of the contribution must be disclosed on Schedule A, along with the other information required by the form.

     If a political committee provides equipment, property or anything else of value owned, leased or controlled by it to a candidate or political committee, the contributing committee must attach a statement to its C-4 report showing the name of the candidate or political committee to whom the contribution was made and the date, description and fair market value of the in-kind contribution.

     (7) Reporting by recipients. Except as provided in subsection (5) of this section, in-kind contributions from one source are not reportable by the recipient candidate or political committee until the aggregate value of all in-kind contributions received from that source during a reporting period is more than $50. If this threshold is met, the in-kind contributions must be reported in part 1 of Schedule B to the C-4 report covering that reporting period.

     (8) Valuing in-kind contributions.

     (a) For purposes of determining the value of goods or services provided as in-kind contributions, refer to WAC 390-05-235, Definition--Fair market value.

     (b) If an expenditure that constitutes an in-kind contribution is made, the value of the in-kind contribution to a particular candidate or political committee is the portion of the expense that benefits the candidate or political committee.

     (9) Application of RCW ((42.17.105)) 42.17A.420 -- Last-minute contributions.

     (a) If an expenditure that constitutes an in-kind contribution is made no later than twenty-two days before a general election and written notice of the in-kind contribution is in the possession of the recipient candidate committee or political committee twenty-two or more days before that general election, the contribution is not subject to the respective $5,000 or $50,000 maximum amounts specified in RCW ((42.17.105)) 42.17A.420.

     (b) If an in-kind contribution is in the form of personal services donated to a campaign for the duration of the twenty-one days before a general election, and if written notice of the value of this donation is in the possession of the recipient candidate or political committee twenty-two or more days before the election, that in-kind contribution is not subject to the respective $5,000 or $50,000 maximum amounts specified in RCW ((42.17.105)) 42.17A.420.

[Statutory Authority: RCW 42.17.370. 09-01-068, § 390-16-207, filed 12/12/08, effective 1/12/09. Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-16-207, filed 5/23/06, effective 6/23/06. Statutory Authority: RCW 42.17.370(1). 04-12-054, § 390-16-207, filed 5/28/04, effective 6/28/04; 98-12-034, § 390-16-207, filed 5/28/98, effective 6/28/98. Statutory Authority: RCW 42.17.390. 94-11-016, § 390-16-207, filed 5/5/94, effective 6/5/94. Statutory Authority: RCW 42.17.370. 93-22-002, § 390-16-207, filed 10/20/93, effective 11/20/93; 93-16-064, § 390-16-207, filed 7/30/93, effective 8/30/93. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-16-207, filed 2/5/86; 82-14-016 (Order 82-04), § 390-16-207, filed 6/28/82; Order 79, § 390-16-207, filed 6/25/76.]

     (2) For the purpose of this rule, tangible property includes but is not limited to real property and improvements thereto; furniture, office desks, file cabinets, tables and machines, vehicles, printing and duplicating equipment, and computer hardware and software.

[Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-16-221, filed 2/5/86.]

     (2) If any person gives or loans the candidate funds in connection with his or her campaign, the funds are not considered personal funds of the candidate. See WAC 390-17-305. Such funds are considered a contribution from the original source of the contribution under chapter ((42.17)) 42.17A RCW and, unless the loan meets the exemption provided in RCW ((42.17.720(3))) 42.17A.465(3) and this subsection, the contribution is subject to the contribution limits provided in chapter ((42.17)) 42.17A RCW.

     (a) If a candidate or candidate's own political committee or campaign or authorized committee receives a loan from a commercial lending institution, the loan is exempt from the contribution limits of RCW ((42.17.640)) 42.17A.405 and WAC 390-16-310 only if all the following criteria are met:

     (i) The loan is not guaranteed by any other person;

     (ii) The loan is made in the regular course of business; and,

     (iii) The loan is made on the same terms ordinarily available to the public.

     (b) A commercial loan to a candidate's own committee or campaign or authorized committee is presumed to be guaranteed by the candidate. The presumption is rebuttable by clear, cogent and convincing evidence.

     (3) The amount of campaign contributions which may be used to repay a loan made by the candidate to the candidate's own political committee or campaign, or to repay a commercial loan to a candidate's own political committee or campaign where the candidate is the borrower or guarantor, is limited to the loan repayment limit in RCW ((42.17.125(3))) 42.17A.445(3) as adjusted by WAC 390-05-400. For purposes of the loan repayment limit, these loans are aggregated for each primary, general, special or recall election and must be designated accordingly by the candidate at the time the loan is made.

     (4) If a candidate makes documented out-of-pocket campaign expenditures on behalf of his or her campaign expecting repayment (not intending to make an in-kind contribution), the campaign committee must repay the candidate within 21 days of the expenditure or the candidate will be deemed to have made a loan to his or her campaign committee which must qualify for repayment under subsections (1) and (2) in order for the candidate to be repaid. Undocumented out-of-pocket campaign expenditures by the candidate are in-kind contributions not eligible for repayment.

[Statutory Authority: RCW 42.17.370(1). 02-03-018, § 390-16-226, filed 1/4/02, effective 2/4/02; 00-22-056, § 390-16-226, filed 10/27/00, effective 11/27/00. Statutory Authority: RCW 42.17.370. 93-16-064, § 390-16-226, filed 7/30/93, effective 8/30/93.]

     (2) For candidates as defined in RCW ((42.17.020(9))) 42.17A.005(7), if at any time after the last day of the election cycle, any contribution is received or expenditure is made from such surplus funds for any purpose which would qualify the recipient or person who made the expenditure as a candidate or authorized committee, it will be presumed the recipient or person who made the expenditure of such funds has initiated a new candidacy or committee. Surplus funds may only be expended for a new candidacy if the candidate is seeking the same office sought at his or her last election. Within fourteen days of the day such contribution is received or expenditure is made, such candidate or authorized committee shall file (a) a final report for the previous campaign as provided in RCW ((42.17.080 and 42.17.090)) 42.17A.235 and 42.17A.240 and (b) a statement of organization and initial report for the new campaign as provided by RCW ((42.17.040, 42.17.080 and 42.17.090)) 42.17A.205, 42.17A.235 and 42.17A.240. The surplus funds as of the last day of the election cycle may be carried forward to the new campaign, reported as one sum and listed as a contribution identified as "funds from previous campaign." "Funds from previous campaign" carried forward by a candidate to his or her new campaign are not subject to contribution limits set forth in RCW ((42.17.640)) 42.17A.405.

     (3) A political committee formed to support or oppose a particular ballot proposition or particular candidates which retains surplus funds to use in support or opposition of other candidates or of other ballot propositions has become a continuing political committee and must thereafter register and report in accordance with chapter ((42.17)) 42.17A RCW.

[Statutory Authority: RCW 42.17.370. 07-07-005, § 390-16-230, filed 3/8/07, effective 4/8/07; 93-22-002, § 390-16-230, filed 10/20/93, effective 11/20/93; 93-16-064, § 390-16-230, filed 7/30/93, effective 8/30/93. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-16-230, filed 2/5/86; 82-14-016 (Order 82-04), § 390-16-230, filed 6/28/82; Order 70, § 390-16-230, filed 2/25/76; Order 62, § 390-16-230, filed 8/26/75.]

     (1) The identical office last sought; or

     (2) A different position or seat of the same office last sought within the same jurisdiction; or

     (3) The same office, whether a different seat or position, in a revised district or political subdivision whenever the boundaries of a district or political subdivision are officially altered through redistricting, consolidation or other official procedure.

[Statutory Authority: RCW 42.17.370. 93-16-064, § 390-16-232, filed 7/30/93, effective 8/30/93.]

     (2) Candidate surplus funds may be transferred without limit to a bona fide political party or to a caucus political committee.

     (3) Except as provided in subsections (1) and (2) of this section, no candidate or candidate's authorized committee may transfer surplus or nonsurplus funds to any other candidate or political committee.

[Statutory Authority: RCW 42.17.370. 02-23-001, § 390-16-234, filed 11/6/02, effective 12/7/02; 93-16-064, § 390-16-234, filed 7/30/93, effective 8/30/93.]

     (2) An expenditure of a candidate's campaign funds shall be considered personal use if it fulfills or pays for any commitment, obligation or expense that would exist irrespective of the candidate's election campaign.

     (3) If an activity or expenditure is both personal and campaign related, the campaign may pay no more than the fair market value of its share of the activity or expenditure. For example, if a candidate uses a personal vehicle for campaign purposes, the campaign may reimburse the candidate for:

     (a) The prorated share of documented gasoline, maintenance and insurance costs directly related to the campaign's usage of the vehicle; or

     (b) The standard mileage rate established by the Internal Revenue Service for those documented miles directly related to the campaign's usage.

     (4) Examples of expenditures presumed to be for personal use include, but are not limited to:

     (a) Mortgage, rent, utility or maintenance expenses for personal living accommodations;

     (b) Clothing purchases and maintenance expenses not related to the campaign;

     (c) Automobile expenses not related to the campaign;

     (d) Travel expenses not related to the campaign;

     (e) Household food items;

     (f) Restaurant expenses except for in-person fund-raising or campaign organizational activities;

     (g) Tuition payments not related to the campaign;

     (h) Admission to sporting events, concerts, theaters, or other forms of entertainment unless the event is primarily related to the candidate's campaign;

     (i) Country club membership fees, dues and payments;

     (j) Health club or recreational facility membership fees, dues and payments;

     (k) Social, civic, fraternal, or professional membership dues, fees and payments unless the expenditure occurs during an election year and membership is required to gain access to the organization's mailing list for campaign purposes or other facilities for the candidate's campaign;

     (l) Home or business internet service provider costs;

     (m) Home or business newspaper and periodical subscriptions;

     (n) Greeting cards to persons who would customarily receive such cards (e.g., family, friends and business associates).

[Statutory Authority: RCW 42.17.370(1). 04-12-055, § 390-16-238, filed 5/28/04, effective 6/28/04. Statutory Authority: RCW 42.17.390. 94-07-141, § 390-16-238, filed 3/23/94, effective 4/23/94.]

     (2) For purposes of RCW ((42.17.640)) 42.17A.405 and 42.17A.410, an earmarked contribution is deemed to be for the promotion of, and attributable to any limit applicable to the candidate, authorized committee, bona fide political party, caucus of the state legislature or political committee designated by the original contributor.

     (3) If an earmarked contribution is given to an intermediary or conduit to be spent on behalf of a candidate and the entire amount given is not used for this purpose, the remainder of the contribution shall be given to the designated candidate unless its use is redesignated by the original contributor. If the conduit or intermediary exercise any direction or control over the use of the remainder of the contribution, then the amount of the remainder shall be considered a contribution from the original contributor and the conduit or intermediary to the recipient.

     (4) The intermediary or conduit receiving the earmarked contribution shall notify the candidate or political committee for whose use or benefit the contribution is designated within two working days after receipt of the contribution.

     (5) If an earmarked contribution is refused by the designated recipient candidate or political committee, the earmarked contribution must be returned by the intermediary or conduit to the original contributor within five working days of refusal.

[Statutory Authority: RCW 42.17.370. 93-16-064, § 390-16-240, filed 7/30/93, effective 8/30/93; 91-14-041, § 390-16-240, filed 6/27/91, effective 7/28/91.]

     (2) If a pledge is made in an election campaign subject to the contribution limits provided in RCW ((42.17.640)) 42.17A.405 and 42.17A.410:

     (a) Except as provided in WAC 390-17-302, a pledge made with respect to the primary election shall not be made or redeemed after the date of the primary; however, if the payment of a pledge is made on or before the date of the primary, that payment may be deposited into the campaign account within five business days of receipt in accordance with RCW ((42.17.060)) 42.17A.220; and

     (b) A pledge made with respect to the general election shall not be made or redeemed after the final day of the applicable election cycle; however, if the payment of a pledge is made on or before the final day of the election cycle, that payment may be deposited into the campaign account within five business days of receipt in accordance with RCW ((42.17.060)) 42.17A.220.

     (3) During the time limit specified in RCW ((42.17.710)) 42.17A.560, a state official or a person employed by or acting on behalf of a state official shall not solicit or accept a pledge or the redemption of a pledge for any purpose specified in RCW ((42.17.710)) 42.17A.560.

[Statutory Authority: RCW 42.17.370. 03-12-033, § 390-16-245, filed 5/29/03, effective 6/29/03. Statutory Authority: RCW 42.17.390. 94-07-141, § 390-16-245, filed 3/23/94, effective 4/23/94.]

     (a) A corporation and the other is a subsidiary, branch or division of the corporation;

     (b) A national or international labor union, or state body of such national or international labor union, and the other is a local union or other subordinate organization of such national or international labor union or state body;

     (c) A trade association or state body of such trade association and the other is a branch or local unit of such trade association;

     (d) A national or state collective bargaining organization and the other is a branch or local unit of such national or state collective bargaining organization;

     (e) A national or international federation of labor unions, or a state federation of labor unions, and the other is a local body of such federation;

     (f) A membership organization and the other is a local unit or branch of such membership organization;

     (g) Any entity referenced in (a) through (f) above and a political committee established, financed, maintained or controlled by that entity.

     (2) For purposes of RCW ((42.17.640 and 42.17.645)) 42.17A.405 and 42.17A.410, two entities shall not be treated as a single entity solely because one of the entities is a dues paying member of the other entity.

     (3) In addition to paragraph (1) above, two or more entities shall be treated as one entity and share a contribution limit under RCW ((42.17.640 and 42.17.645)) 42.17A.405 and 42.17A.410 if one of the entities is established, financed, maintained or controlled by the other, as evidenced by any one of the following factors:

     (a) Whether one entity owns a controlling interest in the voting stock or securities of another entity; or

     (b) Whether one entity has authority or the ability to direct or participate, other than through a vote as a member, in the governance of another entity through provisions of constitution, bylaws, contract or other formal or informal procedure or has authority or the ability to hire, appoint, demote or otherwise control, other than through a vote as a member, the officers or other decision making employees or members of another entity; or

     (c) Whether (i) one entity has a common or overlapping membership with another which indicates either a formal or ongoing relationship between the two organizations or the creation of a successor entity and (ii) the entity has an active or significant role in the formation of the other entity and (iii) the entities have similar patterns of contributions or contributors which indicate a formal or ongoing relationship between the entities; or

     (d) Whether one entity provides, causes or arranges, funds, services or goods in a significant amount or on an ongoing basis, through direct or indirect means to the other entity, for less than full consideration. Full consideration includes the payment of membership dues.

[Statutory Authority: RCW 42.17.370(1). 10-20-012, § 390-16-309, filed 9/24/10, effective 10/25/10. Statutory Authority: RCW 42.17.390. 94-11-016, § 390-16-309, filed 5/5/94, effective 6/5/94.]

     (1)(a) The limitation on contributions in RCW ((42.17.640 or 42.17.645)) 42.17A.405 or 42.17A.410 shall not apply to a "candidate" as that term is defined in RCW ((42.17.020)) 42.17A.005 when the candidate is contributing to his or her own campaign using his or her own personal funds as defined in WAC 390-17-305.

     (b) The limitation on contributions in RCW ((42.17.105(8), 42.17.640, or 42.17.645)) 42.17A.420, 42.17A.405, or 42.17A.410 shall apply to contributions to the candidate from the candidate's spouse, domestic partner or other immediate family members.

     (2) Contributions by a husband and wife are considered separate contributions. Contributions by domestic partners are considered separate contributions.

     (3) Emancipated minor children (children under 18 years of age) may make contributions which do not exceed the limitations on contributions and the contribution is properly attributed to the emancipated minor child if((;)):

     (a) The decision to contribute is made knowingly and voluntarily by the emancipated minor child;

     (b) The funds, goods, or services contributed are owned or controlled exclusively by the emancipated minor child, such as income earned by the child, the proceeds of a trust for which the child is the beneficiary, or a savings account opened and maintained exclusively in the child's name; and

     (c) The contribution is not made from the proceeds of a gift, the purpose of which was to provide funds to be contributed, or is not in any other way controlled by another person.

     Contributions by emancipated minor children which do not meet these requirements and contributions by unemancipated minor children shall be considered contributions by the child's parents. Fifty percent of the contributions will be attributed to each parent, or in the case of a single custodial parent, the total amount is attributed to that parent.

     (4) Contributions from a business organized as a sole proprietorship and contributions from the owner of the sole proprietorship shall be aggregated for purposes of determining the limitations of contributions under RCW ((42.17.105(8), 42.17.640, or 42.17.645)) 42.17A.420, 42.17A.405, or 42.17A.410.

     (5) The limitations on contributions shall apply separately to the contributions made by a partnership, limited liability partnership and limited liability corporation from the contributions made by an individual partner or member. However, contributions made from or charged against the capital account of an individual partner, or member of a limited liability partnership or limited liability corporation shall be aggregated with the partner's or member's individual contributions for purposes of determining the limitations on contributions under RCW ((42.17.105(8), 42.17.640, or 42.17.645)) 42.17A.420, 42.17A.405, or 42.17A.410.

     (6) The limitations on contributions in RCW ((42.17.105(8), 42.17.640, and 42.17.645)) 42.17A.420, 42.17A.405, and 42.17A.410 shall apply separately to the contributions made by an entity (corporation, subsidiary or branch, national union and local unions, collective bargaining organizations and local units, membership organizations and local units and other organizations and their local units) unless the criteria in RCW ((42.17.660)) 42.17A.455 and WAC 390-16-309 are met.

[Statutory Authority: RCW 42.17.370. 09-09-126, § 390-16-310, filed 4/22/09, effective 5/23/09; 05-06-070, § 390-16-310, filed 3/1/05, effective 4/1/05. Statutory Authority: RCW 42.17.370(1). 96-05-001, § 390-16-310, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.390. 94-11-016, § 390-16-310, filed 5/5/94, effective 6/5/94. Statutory Authority: RCW 42.17.370. 93-16-064, § 390-16-310, filed 7/30/93, effective 8/30/93; 92-05-079, § 390-16-310, filed 2/18/92, effective 3/20/92; 90-20-088, § 390-16-310, filed 9/28/90, effective 10/29/90.]

[Statutory Authority: RCW 42.17.370. 93-16-064, § 390-16-312, filed 7/30/93, effective 8/30/93; 91-14-041, § 390-16-312, filed 6/27/91, effective 7/28/91.]

     (a) It is made in support of or in opposition to a candidate for public office, except federal elective office or precinct committee officer, by a person who is not (i) a candidate for that office, (ii) an authorized committee of that candidate for that office, (iii) a person who has received the candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for any political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office, or (iv) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the expenditure pays in whole or in part for any political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office;

     (b) The expenditure pays in whole or in part for any political advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies the candidate without using the candidate's name;

     (c) The expenditure, alone or in conjunction with another expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value equal to or greater than the amount specified for independent expenditures in WAC 390-05-400. A series of expenditures, each of which is under the applicable amount in WAC 390-05-400, constitutes one independent expenditure if their cumulative value is equal to or greater than the amount specified in WAC 390-05-400; and

     (d) The expenditure is not a contribution as defined in RCW ((42.17.020)) 42.17A.005 and clarified by WAC 390-05-210.

     (2) Exempt Activities. The following activities are not considered independent expenditures for purposes of RCW ((42.17.100, [42.17].180, [42.17].510 or [42.17].550)) 42.17A.255, 42.17A.630, or 42.17A.320:

     (a) Ordinary home hospitality;

     (b) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is of primary interest to the general public, that is in a news medium controlled by a person whose business is that news medium, and that is not controlled by a candidate or a political committee;

     (c) An internal political communication primarily limited to (i) the members of or contributors to a political party organization or political committee, (ii) the officers, management staff or stockholders of a corporation or similar enterprise, or (iii) the members of a labor organization or other membership organization;

     (d) Messages in the form of reader boards, banners, or yard or window signs displayed on a person's own property or the property occupied by a person. However, a facility used for such political advertising for which a rental charge is normally made shall be reported as an in-kind contribution at its fair market value and counts towards any applicable contribution limit of the person providing the facility; or

     (e) The rendering of personal services of the sort commonly performed by volunteer campaign workers or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid by the worker.

[Statutory Authority: RCW 42.17.370(1). 97-10-055, § 390-16-313, filed 5/1/97, effective 6/1/97; 96-09-016, § 390-16-313, filed 4/8/96, effective 5/9/96.]

     (2) It is presumed the candidate "expects to receive" five thousand dollars or more when any one of the following first occurs:

     (a) The candidate or candidate's authorized committee receives at least five thousand dollars in aggregate contributions, including contributions from the candidate;

     (b) The candidate is seeking the same office last sought, the candidate's election is in the current calendar year, and his or her campaign contributions in the previous election for the same office were five thousand dollars or more in the aggregate;

     (c) The contributions received on or before March 31 of the election year total one thousand two hundred fifty dollars or more;

     (d) The contributions received on or before June 30 of the election year total two thousand five hundred dollars or more;

     (e) The contributions received on or before September 30 of the election year total three thousand seven hundred fifty dollars or more; or

     (f) The candidate otherwise anticipates that five thousand dollars or more will be received during the election cycle.

     (3) Surplus funds carried over from a candidate's previous campaign are not contributions to the candidate's new campaign and do not count toward the five thousand dollar reporting threshold.

     (4) A candidate or candidate's authorized committee that receives, or expects to receive, five thousand dollars or more shall:

     (a) Within two weeks of the date the reporting obligation begins under subsection (1) or (2) of this section, file:

     (i) A candidate registration, PDC form C1;

     (ii) A personal financial affairs statement, PDC form F1 and, if relevant, the F1 Supplement; and

     (iii) Contribution and expenditure reports, PDC forms C3 and C4 with appropriate attachments and schedules; and

     (b) Otherwise comply with the campaign finance reporting and other provisions of chapter ((42.17)) 42.17A RCW and TITLE 390 WAC.

[Statutory Authority: RCW 42.17.370. 07-08-044, § 390-16-320, filed 3/28/07, effective 4/28/07.]

OTS-4424.1

AMENDATORY SECTION(Amending WSR 93-16-064, filed 7/30/93, effective 8/30/93)

WAC 390-17-013   Committee -- Definition.   "Committee" as that term is used in RCW ((42.17.610 - 42.17.790)) 42.17A.105, 42.17A.405 through 42.17A.485, and 42.17A.565 means political committee and authorized committee.

[Statutory Authority: RCW 42.17.370. 93-16-064, § 390-17-013, filed 7/30/93, effective 8/30/93.]

     (2) Pursuant to RCW ((42.17.730)) 42.17A.470, a conduit may not make or transmit contributions on behalf of another.

[Statutory Authority: RCW 42.17.370. 93-16-064, § 390-17-015, filed 7/30/93, effective 8/30/93.]

[Statutory Authority: RCW 42.17.370(1). 96-05-001, § 390-17-017, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.370. 93-16-064, § 390-17-017, filed 7/30/93, effective 8/30/93.]

     The purpose of this exemption from the contribution limits is to allow political parties and other sponsors to tell the general public which candidates they support. The exemption is not intended as a device to circumvent the contribution limits and full reporting requirements by undertaking any degree of significant campaigning on behalf of candidates.

     (2) For purposes of RCW ((42.17.020(21))) 42.17A.005(19) and ((42.17.640(15))) 42.17A.405(15), "sample ballots" means slate cards, or other candidate listings, whether written or oral, that satisfy the qualifying criteria specified in subsection (10) of this section.

     (3) Sample ballots constitute political advertising for a slate or list of candidates and must be properly identified and otherwise in compliance with the provisions of RCW ((42.17.510)) 42.17A.320 through ((42.17.550)) 42.17A.340.

     (4)(a) A bona fide political party may use contributions it receives pursuant to RCW ((42.17.640(15))) 42.17A.405(15) to produce and distribute sample ballots.

     (b) Expenditures for sample ballots do not count against a bona fide political party's contribution limit to the candidates listed on the sample ballot. Further, when reporting sample ballot expenditures, a bona fide political party is not required to attribute a portion of the expenditure to each of the candidates listed on the sample ballot, but the names of the candidates must be reported along with the other information required by chapter ((42.17)) 42.17A RCW and chapter 390-17 WAC.

     (5) Any person, as defined by RCW ((42.17.020)) 42.17A.005, who makes an expenditure for sample ballots has made an expenditure that does not count against that person's contribution limit to the candidates listed.

     (6) An in-state political committee, when disclosing expenditures for sample ballots as part of its C-4 report, is not required to attribute a portion of the expenditure to the candidates listed on the sample ballot, but the names of the candidates and their respective party affiliations must be reported along with other information required by chapter ((42.17)) 42.17A RCW and chapter 390-17 WAC.

     (7) An out-of-state committee, when disclosing expenditures for sample ballots on a C-5 report, is not required to allocate a portion of the expenditure to the candidates listed on the sample ballot, but must report that an expenditure for sample ballots was made, the name and address of the person to whom the expenditure was made, the full amount of the expenditure, and the name, office sought and party affiliation of each candidate listed on the sample ballot. The report is due no later than the 10th day of the month following the month in which the expenditure was made.

     (8) If a lobbyist or lobbyist employer makes expenditures for sample ballots, those expenditures are required to be reported in detail on the lobbyist's monthly L-2 report. Itemization of these expenditures must include the names and respective party affiliations of the candidates listed on the sample ballot, but no portion of the expenditure need be allocated to individual candidates listed on the sample ballot.

     (9) The candidates listed on a sample ballot are not required to report any portion of the expenditure as an in-kind contribution to their campaigns.

     (10) Qualifying criteria for sample ballots, slate cards and other candidate listings. In order not to count against a person's contribution limit to the candidates listed on a sample ballot and, in the case of a bona fide political party, in order to be eligible for payment with contributions received pursuant to RCW ((42.17.640(15))) 42.17A.405(15), a sample ballot must satisfy all of the criteria in (a) through (d) of this subsection.

     (a) The sample ballot must list the names of at least three candidates for election to public office in Washington state and be distributed in a geographical area where voters are eligible to vote for at least three candidates listed. The candidate listing may include any combination of three or more candidates, whether the candidates are seeking federal, state or local office in Washington.

     (b) The sample ballot must not be distributed through public political advertising; for example, through broadcast media, newspapers, magazines, billboards or the like. The sample ballot may be distributed through direct mail, telephone, electronic mail, Web sites, electronic bulletin boards, electronic billboards or personal delivery by volunteers.

     (c) The content of a sample ballot is limited to:

     • The identification of each candidate (pictures may be used);

     • The office or position currently held;

     • The office sought;

     • Party affiliation; and

     • Information about voting hours and locations.

     Therefore, the sample ballot must exclude any additional biographical data on candidates and their positions on issues as well as statements about the sponsor's philosophy, goals or accomplishments. The list must also exclude any statements, check marks or other indications showing support of or opposition to ballot propositions.

     (d) The sample ballot is a stand-alone political advertisement. It must not be a portion of a more comprehensive message or combined in the same mailing or packet with any other information, including get-out-the-vote material, candidate brochures, or statements about the sponsor's philosophy, goals or accomplishments. On Web sites, electronic bulletin boards or electronic billboards, the sample ballot must be a separate document.

[Statutory Authority: RCW 42.17.370. 07-07-005, § 390-17-030, filed 3/8/07, effective 4/8/07. Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-17-030, filed 5/23/06, effective 6/23/06. Statutory Authority: RCW 42.17.370(1). 04-12-056, § 390-17-030, filed 5/28/04, effective 6/28/04; 02-12-007, § 390-17-030, filed 5/23/02, effective 6/23/02; 99-12-066, § 390-17-030, filed 5/27/99, effective 6/27/99; 96-05-001, § 390-17-030, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.370. 93-16-064, § 390-17-030, filed 7/30/93, effective 8/30/93.]

     (b) Contributions made to a caucus political committee, to a candidate or candidate's authorized committee which are earmarked for voter registration, absentee ballot information, get-out-the-vote campaigns, sample ballots are presumed to be for the purpose of promoting individual candidates and are subject to the contribution limits in RCW ((42.17.640)) 42.17A.405.

     (c) Contributions made to a caucus political committee, to a candidate or candidate's authorized committee which are earmarked for internal organization expenditures or fund-raising are presumed to be with direct association with individual candidates and are subject to the contribution limits in RCW ((42.17.640)) 42.17A.405.

     (2) "Exempt contributions account" is the separate bank account into which only exempt contributions are deposited and out of which only expenditures for exempt activities shall be made.

     (3) "Exempt activities" are those activities referenced in RCW ((42.17.640)) 42.17A.405 as further clarified by subsections (4), (5), and (6) of this section. Only exempt activities are eligible for payment with exempt contributions.

     (4)(a) Activities referenced in RCW ((42.17.640)) 42.17A.405 (15)(a) that do not promote, or constitute political advertising for, one or more clearly identified candidates qualify as exempt activities. For example, get-out-the-vote telephone bank activity that only encourages persons called to "vote republican" or "vote democratic" in the upcoming election may be paid for with exempt contributions regardless of the number of candidates who are benefited by this message. Expenditures or contributions for electioneering communications made in cooperation, consultation, concert or collaboration with, or at the request or suggestion of a candidate, the candidate's authorized committee or agent do not qualify as exempt activities, under WAC 390-05-210.

     (b) Except as permitted under WAC 390-17-030, Sample ballots and slate cards, activities referenced in RCW ((42.17.640)) 42.17A.405 (15)(a) that promote or constitute political advertising for one or more clearly identified candidates do not qualify as exempt activities.

     (c) A candidate is deemed to be clearly identified if the name of the candidate is used, a photograph or likeness of the candidate appears, or the identity of the candidate is apparent by unambiguous reference.

     (5)(a) "Internal organization expenditures" referenced in RCW ((42.17.640)) 42.17A.405 (15)(b) are expenditures for organization purposes, including legal and accounting services, rental and purchase of equipment and office space, utilities and telephones, postage and printing of newsletters for the organization's members or contributors or staff when engaged in organizational activities such as those previously listed, all without direct association with individual candidates.

     (b) "Fund-raising expenditures" referenced in RCW ((42.17.640)) 42.17A.405 (15)(b) are expenditures for fund-raising purposes, including facilities for fund-raisers, consumables furnished at the event and the cost of holding social events and party conventions, all without direct association with individual candidates.

     (c) If expenditures made pursuant to ((subsections)) (a) and (b) ((above)) of this subsection are made in direct association with individual candidates, they shall not be paid with exempt contributions.

     (6) For purposes of RCW ((42.17.640)) 42.17A.405 and this section, activities that oppose one or more clearly identified candidates are presumed to promote the opponent(s) of the candidate(s) opposed.

[Statutory Authority: RCW 42.17.370. 11-05-050, § 390-17-060, filed 2/10/11, effective 3/13/11; 07-07-005, § 390-17-060, filed 3/8/07, effective 4/8/07. Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-17-060, filed 5/23/06, effective 6/23/06. Statutory Authority: RCW 42.17.370(1). 02-12-007, § 390-17-060, filed 5/23/02, effective 6/23/02; 02-03-018, § 390-17-060, filed 1/4/02, effective 2/4/02; 96-05-001, § 390-17-060, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.370. 93-24-003, § 390-17-060, filed 11/18/93, effective 12/19/93.]

     (2)(a) Separate campaign disclosure reports shall be completed and filed for an exempt contributions account.

     (b) Political committees maintaining an exempt contributions account shall make known the existence of the account by filing a statement of organization for the account pursuant to RCW ((42.17.040)) 42.17A.205.

     (c) Political committees maintaining an exempt contributions account shall be subject to the provisions of chapter ((42.17)) 42.17A RCW and file the disclosure reports required by this chapter for the account pursuant to RCW ((42.17.080)) 42.17A.235.

     (3) Contributors shall not use a single written instrument to make simultaneous contributions to an exempt contributions account and any other committee account; separate written instruments must be used to make contributions to an exempt contributions account.

[Statutory Authority: RCW 42.17.370. 07-07-005, § 390-17-065, filed 3/8/07, effective 4/8/07. Statutory Authority: RCW 42.17.370(1). 96-05-001, § 390-17-065, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.370. 93-24-003, § 390-17-065, filed 11/18/93, effective 12/19/93.]

[Statutory Authority: RCW 42.17.370. 93-22-002, § 390-17-070, filed 10/20/93, effective 11/20/93.]

[Statutory Authority: RCW 42.17.390. 94-05-010, § 390-17-071, filed 2/3/94, effective 3/6/94.]

     (a) For the purpose of making one or more contributions to any political committee required to report pursuant to RCW ((42.17.040, 42.17.050, 42.17.065, 42.17.080 or 42.17.090,)) 42.17A.205, 42.17A.215, 42.17A.225, 42.17A.235 or 42.17A.240; or

     (b) For use, specifically designated by the contributing employee, for political contributions to candidates for state or local office is required for (a) and (b) of this subsection to have on file the written authorization of the individual subject to the payroll withholding or diversion of wages.

     (2) Forms used for payroll deduction may either conform to the suggested format below or in a different format if it provides the following information:

     (a) The name of the individual authorizing the withholding or diversion;

     (b) The name of the individual's employer;

     (c) The name of each political committee for which contributions are to be withheld;

     (d) If more than one political committee is specified, the total dollar amount per pay period (or per week, month or year) to be withheld for each committee;

     (e) A statement specifying that the authorization may be revoked at any time and such revocation shall be in writing;

     (f) A statement that reads: "No employer or labor organization may discriminate against an officer or employee in the terms or conditions of employment for (i) the failure to contribute to, (ii) the failure in any way to support or oppose, or (iii) in any way supporting or opposing a candidate, ballot proposition, political party, or political committee"; or a statement that informs the employee of the prohibition against employer and labor organization discrimination described in RCW ((42.17.680(2))) 42.17A.495;

     (g) The individual's signature; and

     (h) The date on which the form was completed.

     (3) Forms used for payroll deduction may have information in addition to that listed above.

[Statutory Authority: RCW 42.17.370. 03-08-052, § 390-17-100, filed 3/28/03, effective 4/28/03; 93-16-064, § 390-17-100, filed 7/30/93, effective 8/30/93.]

     (2) Contribution withholding authorization forms or payroll deduction documentation of contributors whose annual aggregate contribution is twenty-five dollars or less during any calendar or fiscal year are not required by the commission to be made available for public inspection or copying when such records display the names, signatures, home addresses, Social Security numbers, or other information capable of personally identifying contributors whose annual aggregate contribution is twenty-five dollars or less during any calendar or fiscal year.

     (3) The names, signatures, home addresses, Social Security numbers or other information capable of personally identifying contributors whose annual aggregate contribution to a person or entity is twenty-five dollars or less during any calendar or fiscal year shall not be provided by the commission to the public or made available for public inspection or copying.

     (4) Each person or entity who withholds contributions under RCW ((42.17.680)) 42.17A.495 shall, upon request, deliver to the commission documents of books and accounts described in RCW ((42.17.680(4))) 42.17A.495(4).

[Statutory Authority: RCW 42.17.370(1). 04-01-129, § 390-17-105, filed 12/18/03, effective 1/18/04.]

     "No employer or labor organization may discriminate against an officer or employee in the terms or conditions of employment for:

     (i) The failure to contribute to;

     (ii) The failure in any way to support or oppose; or

     (iii) In any way supporting or opposing a candidate, ballot proposition, political party, or political committee."

     (b) The written notification shall be provided by the employer or labor organization. The employer or labor organization may agree on which entity shall send the notification.

     (2)(a) Pursuant to RCW ((42.17.680(3))) 42.17A.495(3), by June 30, 2003, and at least annually by June 30 thereafter, each employer or other person or entity responsible for the disbursement of funds in payment of wages or salaries shall ensure written notification is directly provided to the employees from whom funds are being withheld for contributions to a candidate or political committee stating that the employee authorization for withholding of wages or salary for such contributions may be revoked at any time. The employer or other person or entity responsible for the disbursement of funds in payment of wages or salaries and the candidate, political committee, or sponsor of the political committee may agree on which of them shall send the notification.

     (b) The written notification shall identify where an employee can submit the revocation, which shall be either:

     (i) The name and address of employer's contact; or

     (ii) The name and address of the person or entity responsible for the disbursement of funds in payment of wages or salaries.

     (c) The employee withholding authorization is revoked as of:

     (i) The date specified in the revocation; or

     (ii) If no date is specified, as of the date the written notification is received by the employer or other person or entity responsible for the disbursement of funds in payment of wages or salaries pursuant to RCW ((42.17.680)) 42.17A.495.

     (3) "Written notification" means notice provided by mail, e-mail, newsletter, payroll insert or other similar direct communication in writing that is addressed to the employee. Posting information on web sites, bulletin boards and other passive communication vehicles shall not constitute notification under RCW ((42.17.680)) 42.17A.495. If the written notification appears in a newsletter or similar publication, the notice shall be prominently displayed or announced on the first page of the written communication.

     (4) Each employer or other person who provides notice pursuant to subsection (1) or (2) of this section shall maintain a copy of the annual notification and a listing of employees notified for a period of no less than five years.

[Statutory Authority: RCW 42.17.370. 03-08-050, § 390-17-110, filed 3/28/03, effective 4/28/03.]

     (2) An undesignated contribution made prior to the date of a primary election shall be attributed to the contributor's limit for the primary election. Undesignated contributions made after the date of the primary shall be attributed to the contributor's limit for the general election.

     (3) Any portion of an undesignated contribution made prior to the date of the primary which exceeds the contributor's primary election contribution limit shall be attributed to the contributor's limit for the general election.

     (4) Contributions for the primary election shall be accounted for separately from those for the general election, such that campaign records reflect one aggregate contribution total for each contributor giving in the primary election as well as one aggregate contribution total for each contributor giving in the general election.

     (5) General election contributions shall not be spent for the primary election if to do so would cause the contributor of the general election contribution to exceed that contributor's contribution limit for the primary election.

     (6) If a candidate loses in the primary election, or otherwise is not a candidate in the general election, all contributions attributed to the primary election remaining after repayment of outstanding campaign obligations shall be considered surplus funds, disposal of which is governed by RCW ((42.17.095)) 42.17A.430. If a candidate loses in the primary election, or otherwise is not a candidate in the general election, all contributions attributed to the general election shall be returned to the contributors of the funds in an amount equal to the contributor's general election aggregate total. If a portion of a contributor's general election contribution was spent on the primary election consistent with subsection (5) of this section, the amount returned to the contributor may be reduced by the amount of the contribution spent on the primary election.

[Statutory Authority: RCW 42.17.370. 07-07-005, § 390-17-300, filed 3/8/07, effective 4/8/07. Statutory Authority: RCW 42.17.390. 94-07-141, § 390-17-300, filed 3/23/94, effective 4/23/94. Statutory Authority: RCW 42.17.370. 93-16-064, § 390-17-300, filed 7/30/93, effective 8/30/93.]

     (2) For purposes of the contribution limit in RCW ((42.17.640)) 42.17A.405 and ((42.17.645)) 42.17A.410, any contribution made up to thirty days after the primary election pursuant to RCW ((42.17.640)) 42.17A.405 and ((42.17.645)) 42.17A.410 is aggregated with contributions made on or before the date of the primary from the same contributor and any person with whom that contributor shares a limit under RCW ((42.17.660)) 42.17A.455 and WAC 390-16-309.

     (3) The day following the primary election is considered the first day of the thirty-day period during which contributions may be made to candidates subject to contribution limits who lose in the primary election and who have outstanding primary debts.

     (4) For purposes of RCW ((42.17.640)) 42.17A.405 and ((42.17.645)) 42.17A.410, "outstanding primary debts," "outstanding debts" and "debts outstanding" all mean:

     (a) Unpaid primary-election related debts incurred on or before the date of the primary by the authorized committee of a candidate who lost the primary election for an office subject to contribution limits; and

     (b) Reasonable costs associated with activities of the losing candidate's authorized committee necessary to retire the primary-related debts it incurred on or before the date of the primary. Examples of such reasonable costs include:

     (i) Necessary administrative expenses (office space rental, staff wages, taxes, supplies, telephone and computer costs, postage, and the like) for activities actually and directly related to retiring the committee's debt; and

     (ii) Necessary expenses actually and directly related to the fund-raising activities undertaken to retire the debt, as long as all persons solicited for contributions are notified that the contributions are subject to that contributor's primary election limit for that losing candidate.

     (5) Nothing in this section is to be construed as authorizing contributors to make, or candidates subject to contribution limits who lose the primary to receive, contributions that are used for a purpose not specifically authorized by RCW ((42.17.640)) 42.17A.405 or ((42.17.645)) 42.17A.410, including use for some future election or as surplus funds.

     (6) All contributions received in excess of the sum needed to satisfy outstanding primary debts shall be returned to the original contributors in an amount not to exceed the amount contributed in accordance with the first in, first out accounting principle wherein the most recent contribution received is the first to be returned until all excess funds are returned to contributors.

[Statutory Authority: RCW 42.17.370(1). 10-20-012, § 390-17-302, filed 9/24/10, effective 10/25/10. Statutory Authority: RCW 42.17.370. 07-07-005, § 390-17-302, filed 3/8/07, effective 4/8/07. Statutory Authority: RCW 42.17.370 and 42.17.690. 01-22-050, § 390-17-302, filed 10/31/01, effective 1/1/02.]

     (2) For purposes of RCW ((42.17.645)) 42.17A.410:

     (a) Only superior court candidates who appear on the primary election ballot or as write-in candidates in the primary election may receive contributions with respect to that primary; and

     (b) Only superior court candidates who appear on the general election ballot or as write-in candidates in the general election may receive contributions with respect to that general election.

     (3)(a) A superior court candidate who is issued a certificate of election before the primary election and whose name does not appear on either the primary or general election ballot may receive contributions pursuant to RCW ((42.17.645)) 42.17A.410:

     (i) Through the last day for withdrawal of declarations of candidacy pursuant to RCW 29A.24.131; or

     (ii) If there is a reopening of filing for the position and no other candidate files, the last day for reopening of filing pursuant to RCW 29A.24.171 and 29A.24.181.

     (b) Contributions remaining in the account of such a superior court candidate who is issued a certificate of election must be returned to contributors within two weeks of certification. Primary election related contributions are to be returned using the first-in, first-out accounting method. Any contributions received with respect to the general election must be returned in full to contributors.

     (4) A superior court candidate who is issued a certificate of election after the primary election and whose name does not appear on the general election ballot may receive contributions pursuant to RCW ((42.17.645)) 42.17A.410. However, contributions received with respect to the general election must be returned in full to contributors within two weeks of certification.

[Statutory Authority: RCW 42.17.370 and 2006 c 348. 07-14-126, § 390-17-303, filed 7/3/07, effective 11/7/07.]

     (a) Assets which the candidate has legal access to or control over, and which he or she has legal title to or an equitable interest in, at the time of candidacy;

     (b) Income from employment;

     (c) Dividends and proceeds from stocks and other investments;

     (d) Income from trusts, if established before candidacy;

     (e) Income from trusts established from bequests, even if established after candidacy;

     (f) Personal gifts, if customarily received; and

     (g) Proceeds from lotteries and similar games of chance.

     (2) A candidate may also use, as personal funds, his or her portion of assets owned jointly with a spouse or domestic partner. If the candidate's financial interest is not specified, then the candidate's share is deemed to be half the value of the asset.

     (3) If any person gives or loans the candidate funds in connection with his or her campaign, the funds are not considered personal funds of the candidate. Such funds are considered a contribution under chapter ((42.17)) 42.17A RCW unless the loan meets the exemption provided in RCW ((42.17.720(3))) 42.17A.465(3).

[Statutory Authority: RCW 42.17.370 and 2008 c 6 § 1303. 09-01-063, § 390-17-305, filed 12/11/08, effective 1/11/09. Statutory Authority: RCW 42.17.370. 93-16-064, § 390-17-305, filed 7/30/93, effective 8/30/93.]

     In determining whether a corporation or business entity is doing business in Washington state, the commission will take into consideration the following nonexclusive list of indicators:

     • Purposefully availing itself of the privilege of conducting business in the state by invoking both benefits and protections of state law.

     • Appointing an agent for service of process in Washington state.

     • Registering as a corporation in Washington.

     • Operating business locations in Washington.

     • Hiring employees to work in Washington.

     • Purchasing or selling goods or services in Washington.

     • Operating an interactive internet web site for the purpose of conducting business.

[Statutory Authority: RCW 42.17.370. 07-07-005, § 390-17-310, filed 3/8/07, effective 4/8/07; 05-04-039, § 390-17-310, filed 1/27/05, effective 2/27/05. Statutory Authority: RCW 42.17.370(1). 96-05-001, § 390-17-310, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.370. 93-16-064, § 390-17-310, filed 7/30/93, effective 8/30/93.]

[Statutory Authority: RCW 42.17.370. 07-07-005, § 390-17-320, filed 3/8/07, effective 4/8/07. Statutory Authority: RCW 42.17.370(1). 96-05-001, § 390-17-320, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.390. 94-11-016, § 390-17-320, filed 5/5/94, effective 6/5/94.]

     (1) "Campaign debt," as used in RCW ((42.17.710)) 42.17A.560 and this rule, means any debt incurred by a candidate seeking election to a nonfederal public office, including campaigns for state, county, city, town, school district, special district or other state political subdivision elective office.

     (2) "Known candidates" means individuals who are, or who become, candidates for state or local office during a legislative session freeze period.

     (3) "Legislative session freeze period" means the period of time in RCW ((42.17.710)) 42.17A.560 within which contributions shall not be solicited or accepted by a state official or a person employed by or acting on behalf of a state official.

     (a) The freeze period begins at 12:01 a.m. on the thirtieth day before the start of the regular legislative session and ends at 11:59 p.m. on the day of adjournment of the regular legislative session.

     (b) If a special session is held immediately following the end of the regular legislative session, the freeze period ends at 11:59 p.m. on the day the special session adjourns.

     (c) If a special session is held other than within thirty days before a regular legislative session, the freeze period begins at 12:01 a.m. on the first day of the special session and ends at 11:59 p.m. on the final day of the special session.

     (4) A successful candidate for state office who does not already hold a state office is not required to comply with RCW ((42.17.710)) 42.17A.560 until sworn into office.

     (5) A state official must comply with RCW ((42.17.710)) 42.17A.560 until he or she no longer holds state office.

     (6) "Person employed by or acting on behalf of a state official" includes a caucus political committee or any political committee financed or controlled by a legislative caucus as a whole or by one or more officers of a caucus political committee.

     (7) State officials may do the following. During a legislative session freeze period, the activities in which state officials may engage include, but are not limited to:

     (a) Soliciting or accepting contributions to assist his or her own campaign for federal office;

     (b) Accepting gifts or other items permitted under chapter 42.52 RCW, so long as the gift or other item is not

•	A contribution to an incumbent state official or known candidate,
•	A contribution to a public office fund,
•	Used to pay a nonreimbursed public office related expense, or
•	Used to retire a campaign debt;

     (c) Attending and speaking at a fund raising event held by or on behalf of a bona fide political party, so long as the contributions raised are not earmarked or otherwise designated for any incumbent state official or known candidate;

     (d) Transferring their own personal funds, as defined in WAC 390-17-305, or their own surplus funds, as defined in RCW ((42.17.020)) 42.17A.005, to their own campaign account, so long as the funds are properly reported;

     (e) Soliciting or accepting contributions on behalf of a nonprofit charity; or

     (f) Soliciting or accepting contributions on behalf of any political committee, including a caucus political committee, a bona fide political party or a ballot measure committee, so long as the political committee does not spend the contributions for the benefit of incumbent state officials or known candidates.

     (8) State officials may not do the following. During a legislative session freeze period, a state official, or a person employed by or acting on behalf of a state official, may not solicit or accept contributions that:

     (a) Go to an incumbent state official or known candidate;

     (b) Go to a public office fund;

     (c) Are used to pay a nonreimbursed public office related expense;

     (d) Are used to retire a campaign debt;

     (e) Go to a caucus political committee if the committee spends the contributions for the benefit of incumbent state officials or known candidates; or

     (f) Go to a bona fide political party or a political committee if the political party or committee spends the contributions for the benefit of incumbent state officials or known candidates.

     (9) Caucus political committees. During a legislative session freeze period, a caucus political committee

     (a) May solicit or accept contributions from caucus members if the members make the contributions with their own personal funds, as defined in WAC 390-17-305, or with their own surplus funds, as defined in RCW ((42.17.020)) 42.17A.005;

     (b) May not solicit or accept contributions for any of the purposes specified in subsection (8) of this rule.

     (10) Persons acting on behalf of state officials. During a legislative session freeze period, a person employed by or acting on behalf of a state official may not solicit or accept contributions for any of the purposes specified in subsection (8) of this ((rule)) section.

     (11) Bona fide political parties. During a legislative session freeze period, a bona fide political party may not solicit or accept contributions that are

•	Used for a public office fund,
•	Used for a state official's nonreimbursed public office related expenses,
•	Used for retiring a state official's campaign debt, or
•	Earmarked contributions to specific incumbent state officials or known candidates.

     However, a bona fide political party may solicit or accept contributions for its own fund raising purposes.

     (12) Segregating session freeze funds. During a legislative session freeze period, if a state official, a caucus political committee, or another person employed by or acting on behalf of a state official solicits or accepts contributions to

•	A caucus political committee,
•	A bona fide political party, or
•	Any political committee that supports or opposes state or local office candidates, the contributions are presumed to violate RCW ((42.17.710)) 42.17A.560, unless the contributions are

•	Deposited into a separate bank account and
•	Not spent for the benefit of incumbent state officials or known candidates.

     However, nothing in this subsection authorizes a state official, a caucus political committee or any person employed by or acting on behalf of a state official to take any of the actions prohibited by subsection((s)) (8) or (9)(b) of this ((rule)) section.

     (13) Session freeze solicitations. If a person is solicited for a contribution during the legislative session freeze period

•	By a state official, a caucus political committee, or another person employed by or acting on behalf of a state official, and
•	The contribution is to a caucus political committee, a bona fide political party, or a political committee that supports or opposes candidates for state or local office, and
•	The person makes a contribution during or after the freeze period in response to this solicitation, the contribution is subject to RCW ((42.17.710)) 42.17A.560 and subsection (12) of this ((rule)) section.

     (14) Spending contributions to benefit incumbents or known candidates. For purposes of complying with subsections (7)(f), (8)(e) and (f), and (12) of this ((rule)) section, contributions are considered spent for the benefit of incumbent state officials or known candidates if the contributions are used at any time for one or more of the following purposes.

     (a) Contributions to incumbent state officials or known candidates.

     (b) Independent expenditures supporting incumbent state officials or known candidates, or opposing their opponents, whether or not the opponents are themselves known candidates during a legislative session freeze period.

     (c) Payments to staff, consultants or advisors for performing activities that directly assist or promote the election of incumbent state officials or known candidates.

     (d) Polls or surveys that relate to incumbent state officials, known candidates or their districts, or to general voter attitudes or preferences, unless

•	A poll or survey is produced, conducted, tabulated and analyzed according to the terms of a written confidentiality agreement and, if the agreement is breached, all reasonable steps are taken to enforce it, and
•	The results of a poll or survey are not provided by the spender, or with the spender's permission or prior knowledge, to incumbent state officials, known candidates or their agents.

     However, candidate recruitment poll or survey results may be provided to an individual who later becomes a known candidate without the expenditure being considered as benefiting a known candidate so long as the poll or survey does not constitute a contribution to the individual or does not otherwise support or promote his or her election to state or local office. For purposes of this subsection, a "candidate recruitment poll or survey" is a poll or survey that is conducted for the sole purpose of recruiting candidates to run for public office and only determines

•	The respondent's party preference,
•	The level of support the incumbent currently has and how strong that support is, but not why he or she has that support,
•	Whether respondents recognize the names of individuals who may decide to seek that elective office,
•	Whether respondents currently hold a favorable opinion about these individuals, their abilities or fitness for elective office, but not why such opinions are held,
•	Whether respondents would likely vote for one or more of these individuals were they to seek office, but not why respondents would vote in the manner they indicated or whether they could be persuaded to change their vote, and
•	The validity of the poll or survey results.

     (e) Any other expenditure that directly benefits or promotes the election to state or local office of incumbent state officials or known candidates.

[Statutory Authority: RCW 42.17.370. 08-01-062 and 08-06-067, § 390-17-400, filed 12/14/07 and 3/3/08, effective 1/14/08 and 4/3/08. Statutory Authority: RCW 42.17.370(1). 98-23-016, § 390-17-400, filed 11/6/98, effective 12/7/98; 96-01-103, § 390-17-400, filed 12/19/95, effective 1/19/96. Statutory Authority: RCW 42.17.370. 93-16-064, § 390-17-400, filed 7/30/93, effective 8/30/93.]

     (a) Office staffing;

     (b) Doorbelling or leaflet drops;

     (c) Mail handling (folding, stuffing, sorting and postal preparation);

     (d) Political or fund raising event staffing;

     (e) Telephone bank activity (conducting voter identification, surveys or polling, and get-out-the-vote campaigns);

     (f) Construction and placement of yard signs, hand-held signs or in-door signs;

     (g) Acting as a driver for candidate or candidate or committee staff;

     (h) Scheduling of campaign appointments and events;

     (i) Transporting voters to polling places on election day;

     (j) Except as provided in subsection (2) of this section, preparing campaign disclosure reports required by chapter ((42.17)) 42.17A RCW and otherwise helping to ensure compliance with state election or public disclosure laws;

     (k) Campaign consulting and management services, polling and survey design, public relations and advertising, or fund-raising performed by any individual, so long as the individual does not ordinarily charge a fee or receive compensation for providing the service; and

     (l) All similar activities as determined by the commission.

     (2) An attorney or accountant may donate his or her professional services to a candidate, a candidate's authorized committee, a political party or a caucus political committee, without making a contribution in accordance with RCW ((42.17.020 (15)(b)(viii))) 42.17A.005 (13)(b)(viii), if the attorney or accountant is:

     (a) Employed and his or her employer is paying for the services rendered;

     (b) Self-employed; or

     (c) Performing services for which no compensation is paid by any person. However, neither RCW ((42.17.020 (15)(b)(viii))) 42.17A.005 (13)(b)(viii) nor this section authorizes the services of an attorney or an accountant to be provided to a political committee without a contribution ensuing, unless the political committee is a candidate's authorized committee, political party or caucus political committee and the conditions of RCW ((42.17.020 (15)(b)(viii))) 42.17A.005 (13)(b)(viii) and (a), (b) or (c) of this subsection are satisfied, or unless the political committee pays the fair market value of the services rendered.

[Statutory Authority: RCW 42.17.370. 07-07-005, § 390-17-405, filed 3/8/07, effective 4/8/07. Statutory Authority: RCW 42.17.370(1). 98-12-037, § 390-17-405, filed 5/28/98, effective 6/28/98. Statutory Authority: RCW 42.17.390. 94-11-017, § 390-17-405, filed 5/5/94, effective 6/5/94.]

     (2) Contributions are subject to all applicable provisions of chapter ((42.17)) 42.17A RCW and TITLE 390 WAC, including RCW ((42.17.105(8))) 42.17A.405, 42.17A.410 and ((42.17.640)) 42.17A.420.

[Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-17-410, filed 5/23/06, effective 6/23/06.]

OTS-4408.1

AMENDATORY SECTION(Amending WSR 11-05-051, filed 2/10/11, effective 3/13/11)

WAC 390-18-010   Advertising, political advertising, electioneering communications, and independent expenditures.   (1) For the purposes of chapter ((42.17)) 42.17A RCW and TITLE 390 WAC:

     (a) "Sponsor of an electioneering communication, independent expenditure or political advertising" is defined in RCW ((42.17.020)) 42.17A.005.

     (b) Unless the context clearly provides otherwise, "advertising" or "advertisement" means political advertising, electioneering communications, or independent expenditures that are for political advertising and/or electioneering communications subject to the provisions of chapter ((42.17)) 42.17A RCW and as defined in RCW ((42.17.020)) 42.17A.005 or ((42.17.100)) 42.17A.255.

     (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, that person is not deemed a sponsor provided the contribution is reported in accordance with applicable provisions of chapter ((42.17)) 42.17A RCW and TITLE 390 WAC.

     (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). However, printed advertising undertaken as an independent expenditure or electioneering communication shall comply with the "no candidate authorized this ad" sponsor identification and, if relevant, the "top five contributors" and identification of the individual, corporation, union, association, or other entity that established, maintains, or controls the sponsoring political committee provisions of RCW ((42.17.510)) 42.17A.320 and provide this information in an area set apart from any other printed matter. Political committees that sponsor independent expenditure or electioneering communication printed advertising are required to provide the "top five contributors" to that political committee pursuant to WAC 390-18-025; however, this requirement does not apply to bona fide political parties sponsoring independent expenditures.

     (5)(a) Advertising consisting of more than one page but intended to be presented as a single item (e.g., 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) 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 television advertising shall be clearly spoken or identified as required in RCW ((42.17.510)) 42.17A.320.

     (a) All radio, telephone and television advertising undertaken as an independent expenditure as defined in RCW ((42.17.020)) 42.17A.005 shall comply with the "no candidate authorized this ad" sponsor identification and, if relevant, the "top five contributors" provisions of RCW ((42.17.510)) 42.17A.320 and this information shall be clearly spoken or identified as provided in RCW ((42.17.510)) 42.17A.320.

     (b) All radio and television advertising undertaken as an electioneering communication as defined in RCW ((42.17.020)) 42.17A.005 shall comply with the "no candidate authorized this ad" sponsor identification and, if relevant, the "top five contributors" provisions of RCW ((42.17.510)) 42.17A.320 and this information shall be clearly spoken or identified as provided in RCW ((42.17.510)) 42.17A.320.

     (c) Political committees that sponsor independent expenditure or electioneering communication radio and television advertising are required to clearly speak or otherwise identify the "top five contributors" to that political committee pursuant to WAC 390-18-025; however, this requirement does not apply to bona fide political parties sponsoring independent expenditures.

[Statutory Authority: RCW 42.17.370. 11-05-051, § 390-18-010, filed 2/10/11, effective 3/13/11. Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-18-010, filed 5/23/06, effective 6/23/06. Statutory Authority: RCW 42.17.370. 03-12-034, § 390-18-010, filed 5/29/03, effective 6/29/03. 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.]

     (2) According to RCW ((42.17.510)) 42.17A.320, sponsors of electioneering communications identifying a candidate who has expressed a party or independent preference on the declaration of candidacy must clearly identify the candidate's political party or independent status in the advertising.

     (3) To assist sponsors in complying with this requirement, the commission shall publish a list of abbreviations or symbols that clearly identify political party affiliation or independent status. These abbreviations may be used by sponsors to identify a candidate's political party.

[Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-18-020, filed 5/23/06, effective 6/23/06. Statutory Authority: RCW 42.17.370(1). 99-12-067, § 390-18-020, filed 5/27/99, effective 6/27/99. Statutory Authority: RCW 42.17.370. 93-16-064, § 390-18-020, filed 7/30/93, effective 8/30/93. Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), § 390-18-020, filed 7/9/85.]

     (2) For independent expenditure advertisements or electioneering communications, the "top five contributors" identification requirement of RCW ((42.17.510)) 42.17A.320 applies to all political committees that make independent expenditures, including continuing political committees and out-of-state political committees subject to chapter ((42.17)) 42.17A RCW other than a bona fide political party committee.

     (3) If a political committee keeps records necessary to track contributions according to the use intended by contributors, and the committee subsequently makes independent expenditures for advertisements supporting or opposing a candidate or slate of candidates or an electioneering communication identifying a specific candidate or slate of candidates, that committee may identify the top five contributors giving for that purpose, as opposed to identifying the overall top five contributors to the committee as is otherwise required by RCW ((42.17.510)) 42.17A.320 and this section.

     However, a contributor's contributions earmarked for independent expenditures supporting or opposing a specific candidate or slate of candidates or electioneering communications identifying a specific candidate or slate of candidates shall not be used with respect to a different candidate or slate of candidates without the contributor being identified as one of the top five contributors for the actual expenditure if that contributor is one of the top five contributors for that expenditure.

[Statutory Authority: RCW 42.17.370. 07-08-044, § 390-18-025, filed 3/28/07, effective 4/28/07. Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-18-025, filed 5/23/06, effective 6/23/06. Statutory Authority: RCW 42.17.370(1). 02-12-007, § 390-18-025, filed 5/23/02, effective 6/23/02.]

     (2) For independent expenditures identifying sponsors and top five contributors as required by RCW ((42.17.510)) 42.17A.320 a "medium that does not include a visual image" means radio or telephone transmissions.

[Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-18-027, filed 5/23/06, effective 6/23/06.]

[Statutory Authority: RCW 42.17.370. 11-05-051, § 390-18-030, filed 2/10/11, effective 3/13/11. Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-18-030, filed 5/23/06, effective 6/23/06. Statutory Authority: RCW 42.17.370(1). 04-12-057, § 390-18-030, filed 5/28/04, effective 6/28/04. Statutory Authority: RCW 42.17.390. 95-01-074A, § 390-18-030, filed 12/16/94, effective 1/16/95. Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), § 390-18-030, filed 7/9/85.]

     (2) No commercial advertiser shall be required to make available for public inspection information regarding advertising prior to the time when the advertisement has initially received public distribution or broadcast.

     (3) The documents and books of account that must be maintained open for public inspection pursuant to RCW ((42.17.110)) 42.17A.345(1) are:

     (a) The name of the candidate or ballot measure supported or opposed;

     (b) The name and address of the person who sponsored the advertising;

     (c) The total cost of the advertising, how much of that amount has been paid, who made the payment, when it was paid, and what method of payment was used; and

     (d) Date(s) the commercial advertiser rendered service.

     (4) In addition to subsection (3) of this section and pursuant to RCW ((42.17.110)) 42.17A.345 (1)(b), the documents and books of account open for public inspection must include a description of the major work components or tasks, as specified in (a) through (f) of this subsection, that were required to provide the advertising services.

     (a) For printers, reproducers and other persons who provide commercial duplicating services: Quantity of items, item description, design, layout, typesetting, photography, printing, silk screening, binding.

     (b) For mailing services: Quantity of items mailed, binding, stuffing, labeling, list or directory services, postage or delivery.

     (c) For broadcast media: Time and number of spot advertisements. If the broadcaster provides additional services such as copy writing, talent, production, and tape reproduction, some type of record or notation evidencing the additional service must be available.

     (d) For billboard or sign companies: Number and location of signs, design, printing and art work, erection/removal costs.

     (e) For specialty or novelty commercial advertisers: Quantity of items provided, silk screening, design, printing and art work.

     (f) For newspapers and other print media: Amount of advertising space and dates of publication. If the advertiser provides additional services such as design or layout, some type of record evidencing such additional services must be available.

[Statutory Authority: RCW 42.17.370 and 42.17.562. 06-11-132, § 390-18-050, filed 5/23/06, effective 6/23/06. Statutory Authority: RCW 42.17.370(1). 99-12-068, § 390-18-050, filed 5/27/99, effective 6/27/99. Statutory Authority: RCW 42.17.370. 93-04-072, § 390-18-050, filed 1/29/93, effective 3/1/93.]

OTS-4409.1

AMENDATORY SECTION(Amending WSR 10-04-058, filed 1/29/10, effective 3/1/10)

WAC 390-19-020   Electronic filing -- Mandatory filing.   (1) RCW ((42.17.3691)) 42.17A.245 mandates that persons satisfying the qualifying criteria in that section file all contribution and expenditure reports by electronic means.

     (2) Persons filing by electronic means shall register with the PDC and receive a filer identification number and password. Filers must have a current C-1 Candidate Registration Statement or a C-1pc Committee Registration Statement and an original signature on file with the PDC prior to receiving a filer identification number.

     (3) A filer subject to RCW ((42.17.3691)) 42.17A.245 shall file all PDC C-3 and C-4 reports and all appropriate schedules electronically in compliance with subsection (5) of this section.

     (4) Any filer required to file electronically, but who files on paper, is in violation of RCW ((42.17.3691)) 42.17A.245 and may be subject to enforcement action unless the filer is a candidate who has sought and been granted an exception from electronic filing under WAC 390-19-050.

     (5) A filer subject to electronic filing shall file reports using one of the following:

     (a) The ORCA software (Online Reporting of Campaign Activity) provided free-of-charge by the PDC; or

     (b) Any other electronic filing application provided or approved by the PDC.

[Statutory Authority: RCW 42.17.370(1). 10-04-058, § 390-19-020, filed 1/29/10, effective 3/1/10. Statutory Authority: RCW 42.17.370. 09-02-021, § 390-19-020, filed 12/30/08, effective 1/30/09; 01-22-052, § 390-19-020, filed 10/31/01, effective 1/1/02.]

     (2) A candidate seeking an exception under RCW ((42.17.3691)) 42.17A.245 shall file with the PDC a written statement of reasons why the authorized committee lacks the ability to file reports electronically.

[Statutory Authority: RCW 42.17.370. 01-22-052, § 390-19-050, filed 10/31/01, effective 1/1/02.]

OTS-4434.2

AMENDATORY SECTION(Amending WSR 05-06-070, filed 3/1/05, effective 4/1/05)

WAC 390-20-0101   Forms for lobbyist registration.   The official form for lobbyist registration as required by RCW ((42.17.150)) 42.17A.600 is designated "L-1," revised 2/05. Copies of this form are available at the commission office, Room 206, Evergreen Plaza Building, Olympia, Washington 98504. Any paper attachments shall be on 8-1/2" x 11" white paper.

[Statutory Authority: RCW 42.17.370. 05-06-070, § 390-20-0101, filed 3/1/05, effective 4/1/05; 04-02-028, § 390-20-0101, filed 12/31/03, effective 1/31/04. Statutory Authority: RCW 42.17.370(1). 00-22-060 and 00-24-041, § 390-20-0101, filed 10/27/00 and 11/29/00, effective 11/27/00 and 12/30/00. Statutory Authority: RCW 42.17.370. 91-09-021, § 390-20-0101, filed 4/10/91, effective 5/11/91. Statutory Authority: RCW 42.17.370(1). 87-05-001 (Order 87-01), § 390-20-0101, filed 2/5/87; 85-24-020 (Order 85-05), § 390-20-0101, filed 11/26/85; 82-21-020 (Order 82-07), § 390-20-0101, filed 10/12/82; 78-02-063 (Order 96), § 390-20-0101, filed 1/23/78.]

[Statutory Authority: RCW 42.17.370(1). 99-12-070, § 390-20-015, filed 5/27/99, effective 6/27/99; 85-24-020 (Order 85-05), § 390-20-015, filed 11/26/85; Order 62, § 390-20-015, filed 8/26/75.]

     The employer of any voluntarily registered lobbyist shall not be required to file the reports provided in RCW ((42.17.180)) 42.17A.630.

[Statutory Authority: RCW 42.17.370(1). 85-24-020 (Order 85-05), § 390-20-018, filed 11/26/85.]

[Statutory Authority: RCW 42.17.370(1). 85-24-020 (Order 85-05), § 390-20-024, filed 11/26/85.]

[Order 62, § 390-20-025, filed 8/26/75.]

[Order 70, § 390-20-026, filed 2/25/76; Order 62, § 390-20-026, filed 8/26/75.]

[Statutory Authority: RCW 42.17.390. 95-01-074A, § 390-20-027, filed 12/16/94, effective 1/16/95; Order 71, § 390-20-027, filed 3/23/76.]

     (1) The phrase "in-person lobbying" contained in RCW ((42.17.190)) 42.17A.635 (5)(d)(v)(B) includes activity which is intended to influence the passage or defeat of legislation, such as testifying at public hearings, but does not include activity which is not intended to influence legislation, such as attending a hearing merely to monitor or observe testimony and debate.

     (2) The phrase "a legislative request" contained in RCW ((42.17.190)) 42.17A.635 (5)(d)(ii) includes an oral request from a member of the legislature or its staff.

     (3)(a) When any subagency (i.e. department, bureau, board, commission or agency) within a state agency, county, city, town, municipal corporation, quasi-municipal corporation or special purpose district (i.e. primary agency) has independent authority to expend public funds for lobbying, that subagency may file a separate L-5 reporting the information required by RCW ((42.17.190)) 42.17A.635(5).

     (b) When a subagency elects to file its own, separate L-5, it shall notify the commission and the administrative head of the primary agency of its intentions in writing. The primary agency shall not thereafter include information for the subagency in its L-5, and shall have no legal obligation for the filings of the subagency.

     (4) Pursuant to RCW ((42.17.190)) 42.17A.635(6), certain local agencies may elect to have lobbying activity on their behalf reported by their elected officials, officers and employees in the same manner as lobbyists who register and report under RCW ((42.17.150 and [42.17.]170)) 42.17A.600 and 42.17A.615:

     (a) Whenever such a local agency makes such an election, it shall provide the commission with a written notice.

     (b) After such an election, those who lobby on behalf of such local agency shall register and report all lobbying activity reportable under RCW ((42.17.190)) 42.17A.635(5) in the same manner as lobbyists who are required to register and report under RCW ((42.17.150 and 42.17.170)) 42.17A.600 and 42.17A.615. Such a local agency shall report pursuant to RCW ((42.17.180)) 42.17A.630.

     (c) In order to terminate such an election, such a local agency shall provide the commission with a written notice and it shall report pursuant to RCW ((42.17.190)) 42.17A.635(5) thereafter.

     (d) The exemptions from reportable lobbying activity contained in RCW ((42.17.190)) 42.17A.635 (5)(d) apply to all agencies, whether or not they have exercised the election to report in the same manner as lobbyists who report under RCW ((42.17.150, 42.17.170 and 42.17.180)) 42.17A.600, 42.17A.615, and 42.17A.630. The exemptions contained in RCW ((42.17.160)) 42.17A.610 (1), (4) and (5) do not apply to any agency.

     (5) Unless an agency has elected to report its lobbying pursuant to RCW ((42.17.190)) 42.17A.635(6) and subsection (3) of this section, an agency shall include the reportable lobbying activity on its behalf by an elected official in its quarterly report. Such an elected official does not file any separate report of that activity.

     (6) Reportable in-person lobbying by elected officials, officers and employees:

     (a) An elected official does not engage in reportable in-person lobbying on behalf of this agency unless and until that elected official has expended in excess of fifteen dollars of nonpublic funds in connection with such lobbying for or on behalf of any one or more members of the legislature or state elected officials or public officers or employees of the state of Washington during any three-month period as provided in RCW ((42.17.190)) 42.17A.635 (5)(d)(v)(B).

     (b) Other officers and employees do not engage in reportable in-person lobbying on behalf of their agency unless and until they have, in the aggregate, expended in excess of fifteen dollars of nonpublic funds in connection with such lobbying for or on behalf of any one or more members of the legislature or state elected officials or public officers or employees of the state of Washington or they have, in the aggregate, engaged in such lobbying for more than four days or parts thereof during any three month period as provided in RCW ((42.17.190)) 42.17A.635 (5)(d)(v)(B).

     (c) When limits in (a) or (b) of this subsection have been exceeded, the agency shall report such elected official, officer, or employee as a "person who lobbied this quarter" on the front of PDC Form L-5 and include a listing of those excess expenditures as noted on that form.

[Statutory Authority: RCW 42.17.370(1). 96-05-001, § 390-20-052, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW 42.17.390. 94-11-016, § 390-20-052, filed 5/5/94, effective 6/5/94. Statutory Authority: 42.17.370. 91-16-072, § 390-20-052, filed 8/2/91, effective 9/2/91. Statutory Authority: RCW 42.17.370(1). 85-24-020 (Order 85-05), § 390-20-052, filed 11/26/85; 80-02-055 (Order 80-01), § 390-20-052, filed 1/17/80.]

     (2) An agency which retains an independent contractor as a lobbyist and reports all of its expenditures in connection therewith pursuant to RCW ((42.17.190)) 42.17A.635 shall not be obligated to file a report pursuant to RCW ((42.17.180)) 42.17A.630 with regard to that lobbyist.

[Statutory Authority: RCW 42.17.370(1). 81-08-025 (Order 81-01), § 390-20-054, filed 3/26/81.]

[Statutory Authority: RCW 42.17.370(1). 02-03-018, § 390-20-111, filed 1/4/02, effective 2/4/02. Statutory Authority: RCW 42.17.370. 90-16-083, § 390-20-111, filed 7/31/90, effective 8/31/90.]

[Statutory Authority: RCW 42.17.370(1). 02-03-018, § 390-20-125, filed 1/4/02, effective 2/4/02. Statutory Authority: RCW 42.17.370. 90-16-083, § 390-20-125, filed 7/31/90, effective 8/31/90. Statutory Authority: RCW 42.17.370(1). 85-24-020 (Order 85-05), § 390-20-125, filed 11/26/85; Order 62, § 390-20-125, filed 8/26/75.]

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[Statutory Authority: RCW 42.17.370. 05-11-002, § 390-20-130, filed 5/4/05, effective 6/4/05. Statutory Authority: RCW 42.17.370(1). 02-03-018, § 390-20-130, filed 1/4/02, effective 2/4/02; 85-24-020 (Order 85-05), § 390-20-130, filed 11/26/85; Order 62, § 390-20-130, filed 8/26/75.]

     (2) The commission recognizes that a lobbyist who initially intends in good faith to utilize the "casual lobbying" exemption from registration and reporting which is provided in RCW ((42.17.160)) 42.17A.610(4) may thereafter become ineligible for that exemption, thus violating RCW ((42.17.150 and/or 42.17.170)) 42.17A.600 and/or 42.17A.615 by not having registered and/or reported within the prescribed time periods.

     (3) The commission shall not commence enforcement proceedings against a lobbyist or his or her employer in circumstances described in subsection (2) of this section if the lobbyist:

     (a) Registers pursuant to RCW ((42.17.150)) 42.17A.600 before doing any lobbying in excess of the exemption limitations in RCW ((42.17.160)) 42.17A.610(4); and

     (b) Files a report on Form L-2 when next due under RCW ((42.17.170)) 42.17A.615, which report includes all reportable information for the lobbying activities cumulatively causing the exemption limitations to be reached.

     (4) The duty under RCW ((42.17.230)) 42.17A.655(1) of a person required to register as a lobbyist to obtain and preserve all records necessary to substantiate required financial reports shall include such records of all activities which cumulatively cause the RCW ((42.17.160)) 42.17A.610(4) exemption limitations to be reached and exceeded.

     (5) A lobbyist whose only compensation or other consideration for lobbying is payment of or reimbursement for expenditures not required to be reported per RCW ((42.17.170 (2)(a)(i-iv))) 42.17A.615 (3)(a) through (d), does not qualify for exemption from registration and reporting per RCW ((42.17.160(3))) 42.17A.610(4).

[Statutory Authority: RCW 42.17.370(1). 85-24-020 (Order 85-05), § 390-20-140, filed 11/26/85; 82-14-016 (Order 82-04), § 390-20-140, filed 6/28/82. Statutory Authority: RCW 42.17.160(4) and 42.17.370(1). 78-07-038 (Order 99), § 390-20-140, filed 6/26/78.]

     (2) Any person who becomes an employer of a registered lobbyist under such circumstances must (a) confirm such employment on the employee's L-1 registration statement; (b) in a written instrument filed with such employee's L-1 registration statement identify which clients the employee is authorized to represent; (c) file an annual L-3 report as an employer of a registered lobbyist; and (d) continue to file monthly L-2 reports as a registered lobbyist.

[Statutory Authority: RCW 42.17.370(1). 86-14-056 (Order 86-05), § 390-20-141, filed 6/27/86.]

     (2) A lobbyist other than a natural person which does sponsor or coordinate or directly make unreported expenditures exceeding twenty-five dollars during a three-month period, as fully described in subsection (1), must register and report as required by RCW ((42.17.150 and 42.17.170)) 42.17A.600 and 42.17A.615: Provided, That it can satisfy these requirements by having an individual agent (a) register and reports as a lobbyist, and (b) include as part of Form L-2 a report of these and all other lobbying expenditures made on behalf of the nonnatural person during that three-month period.

     (3) An entity, including but not limited to a law firm, consulting firm, advertising agency, or other similar organization, which receives or expects to receive compensation for lobbying from any person, must register and report as a lobbyist pursuant to RCW ((42.17.150 and 42.17.170)) 42.17A.600 and 42.17A.615: Provided, That membership dues or contributions to a nonprofit organization made for the purpose of promoting a general interest and not in return for lobbying on behalf of any specific member or contributor shall not be regarded as compensation for this purpose. Registration statements and reports shall list as the lobbyists both the firm or organization and each individual acting on its behalf. The person paying the compensation shall report under RCW ((42.17.180)) 42.17A.630 as a lobbyist's employer.

[Statutory Authority: RCW 42.17.370(1). 85-24-020 (Order 85-05), § 390-20-143, filed 11/26/85. Statutory Authority: RCW 42.17.160(4) and 42.17.370(1). 78-07-038 (Order 99), § 390-20-143, filed 6/26/78.]

     (a) The lobbying organization will attach to the registration statement a photo and the biographical information required by RCW ((42.17.155)) 42.17A.605 (page 3 of the L-1 Form) for each individual agent of the organization who is authorized to lobby for that particular employer.

     (b) If the agent is authorized to lobby for several employers, only one photo and biographical sheet need be submitted.

     (c) The organization will notify the commission in writing when there is any change in the employment or assignment of agents who lobby.

     (2) One monthly expenditure report (PDC Form L-2) shall be submitted showing all expenditures made by the organization and its agents. It is unnecessary to prorate or attribute expenditures to individual agents of the organization. However, expenditures for entertainment exceeding $25 per occasion shall identify the individual agent(s) who were present at the occasion. The L-2 report shall be signed by the president or chief executive officer of the lobbying organization.

     (3) If any individual agent of the organization ceases to lobby or the organization terminates that agent's authority to lobby, the organization shall notify PDC in writing or by notation on the L-2 report of the termination.

[Statutory Authority: RCW 42.17.370(1). 85-24-020 (Order 85-05), § 390-20-144, filed 11/26/85; 81-18-043 (Order 81-03), § 390-20-144, filed 8/28/81; 81-03-001 (Order 80-08), § 390-20-144, filed 1/8/81.]

     (2) All persons required to file pursuant to RCW ((42.17.241)) 42.17A.710 who attend a field trip or other excursion paid for or provided by a lobbyist, lobbyist employer, or other person paying for or providing field trips or other excursions shall report the date, name of the person paying for or providing the field trip or excursion, pro rata cost attributable to the filer, applicable code value, and a brief description of the field trip or other excursion as part of the F-1 statement that covers the date of the field trip or other excursion.

[Statutory Authority: RCW 42.17.370(1). 00-22-059, § 390-20-146, filed 10/27/00, effective 11/27/00.]

     (1) Officially decides to which state office candidates, state officials against whom recall charges have been filed or political committees the lobbyist employer or the employer's political committee contributes; or

     (2) Has the ability, on his or her own initiative, to execute or authorize payment of a contribution by the lobbyist employer or the employer's political committee to a state office candidate, a state official against whom recall charges have been filed or a political committee.

[Statutory Authority: RCW 42.17.390. 94-11-016, § 390-20-148, filed 5/5/94, effective 6/5/94.]

OTS-4435.1

AMENDATORY SECTION(Amending WSR 09-14-061, filed 6/29/09, effective 7/30/09)

WAC 390-24-010   Forms for statement of financial affairs.   The official form for statements of financial affairs as required by RCW ((42.17.240)) 42.17A.700 is designated "F-1," revised ((7/09)) 1/12. Copies of this form are available at the Commission Office, 711 Capitol Way, Room 206, Evergreen Plaza Building, P.O. Box 40908, Olympia, Washington 98504-0908. Any paper attachments must be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370. 09-14-061, § 390-24-010, filed 6/29/09, effective 7/30/09; 08-19-058, § 390-24-010, filed 9/12/08, effective 11/5/08. Statutory Authority: RCW 42.17.370(1). 08-01-070, § 390-24-010, filed 12/14/07, effective 1/14/08. Statutory Authority: RCW 42.17.370 and 42.17.241 (1)(n). 07-04-084, § 390-24-010, filed 2/5/07, effective 3/8/07. Statutory Authority: RCW 42.17.370. 06-18-034, § 390-24-010, filed 8/28/06, effective 9/28/06; 05-06-070, § 390-24-010, filed 3/1/05, effective 4/1/05; 02-20-036, § 390-24-010, filed 9/24/02, effective 10/25/02. Statutory Authority: RCW 42.17.370(1). 00-22-053, § 390-24-010, filed 10/27/00, effective 11/27/00. Statutory Authority: RCW 42.17.370 (1) and (11) and 42.17.241 (1)(n). 97-23-020, § 390-24-010, filed 11/10/97, effective 1/1/98. Statutory Authority: RCW 42.17.370(1). 96-09-017, § 390-24-010, filed 4/8/96, effective 5/9/96. Statutory Authority: RCW 42.17.370. 91-24-011, § 390-24-010, filed 11/22/91, effective 12/23/91. Statutory Authority: RCW 42.17.370(1). 88-20-029 (Order 88-04), § 390-24-010, filed 9/29/88; 86-19-039 (Order 86-06), § 390-24-010, filed 9/12/86; 86-08-030 (Order 86-02), § 390-24-010, filed 3/26/86; 85-24-020 (Order 85-05), § 390-24-010, filed 11/26/85; 84-01-017 (Order 83-03), § 390-24-010, filed 12/9/83; 80-18-028 (Order 80-07), § 390-24-010, filed 12/1/80; 80-02-055 (Order 80-01), § 390-24-010, filed 1/17/80; Order 94, § 390-24-010, filed 10/31/77; Order 87, § 390-24-010, filed 11/19/76; Order 62, § 390-24-010, filed 8/26/75; Order 48, § 390-24-010, filed 3/3/75; Order 44, § 390-24-010, filed 9/26/74; Order 6, § 390-24-010, filed 3/23/73.]

     (2) No more than three F-1A forms may be filed to amend a previously submitted statement of financial affairs (Form F-1). The form can be used only to update information required on an F-1.

     (3) The commission reserves the right to reject amendatory forms and require a new statement of financial affairs (Form F-1) at any time the amendments are confusing or create misunderstandings. Authority is delegated to the commission's executive director to make this determination.

     (4) Copies of Form F-1A are available at the Commission Office, 711 Capitol Way, Room 206, Evergreen Plaza Building, P.O. Box 40908, Olympia, Washington 98504-0908. Any paper attachments must be on 8-1/2" x 11" white paper.

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[Statutory Authority: RCW 42.17.370. 08-19-058, § 390-24-020, filed 9/12/08, effective 11/5/08. Statutory Authority: RCW 42.17.370(1). 08-01-070, § 390-24-020, filed 12/14/07, effective 1/14/08. Statutory Authority: RCW 42.17.370. 05-06-070, § 390-24-020, filed 3/1/05, effective 4/1/05; 02-20-036, § 390-24-020, filed 9/24/02, effective 10/25/02. Statutory Authority: RCW 42.17.370(1). 00-22-052, § 390-24-020, filed 10/27/00, effective 11/27/00. Statutory Authority: RCW 42.17.370 (1) and (11) and 42.17.241 (1)(n). 97-23-020, § 390-24-020, filed 11/10/97, effective 1/1/98. Statutory Authority: RCW 42.17.370(1). 96-09-017, § 390-24-020, filed 4/8/96, effective 5/9/96. Statutory Authority: RCW 42.17.370. 91-24-011, § 390-24-020, filed 11/22/91, effective 12/23/91. Statutory Authority: RCW 42.17.370(1). 86-19-039 (Order 86-06), § 390-24-020, filed 9/12/86; 86-08-030 (Order 86-02), § 390-24-020, filed 3/26/86; 84-01-017 (Order 83-03), § 390-24-020, filed 12/9/83; 79-11-124 (Order 79-07), § 390-24-020, filed 11/6/79; Order 94, § 390-24-020, filed 10/31/77; Order 87, § 390-24-020, filed 11/19/76; Order 62, § 390-24-020, filed 8/26/75; Order 48, § 390-24-020, filed 3/3/75.]

     (1) Any person holding elected public office, except as exempted by the terms of RCW ((42.17.240)) 42.17A.700, and any appointed official and professional staff member listed or referenced in RCW ((42.17.240)) 42.17A.700, and any appointed official required to comply with the reporting requirements of RCW ((42.17.240)) 42.17A.700 by any other statute is required to file the statement of financial affairs if such person holds such public office between January 1 and April 15 of any year. Such report shall be for the preceding calendar year.

     (2) Any local elected official whose term of office expires immediately after December 31 shall file a statement of financial affairs for the calendar year which ended on that date.

     (3) Any local elected official who resigns his public office prior to the completion of his current term of office shall file a statement of financial affairs covering that portion of the year that he was in office.

[Statutory Authority: RCW 42.17.370(1). 86-19-039 (Order 86-06), § 390-24-025, filed 9/12/86; 86-08-030 (Order 86-02), § 390-24-025, filed 3/26/86; 84-01-017 (Order 83-03), § 390-24-025, filed 12/9/83; 80-03-089 (Order 80-03), § 390-24-025, filed 3/4/80; Order 62, § 390-24-025, filed 8/26/75.]

     The term "direct financial interest" as used in that subsection, shall not be deemed to include:

     (1) Any direct financial interest which is required to be reported by such elected official or candidate under any other provision of chapter ((42.17)) 42.17A RCW;

     (2) An account receivable by a business entity in the ordinary course of such entity's business.

[Statutory Authority: RCW 42.17.370(1). 86-08-030 (Order 86-02), § 390-24-100, filed 3/26/86; Order 62, § 390-24-100, filed 8/26/75.]

[Statutory Authority: RCW 42.17.370(1). 86-08-030 (Order 86-02), § 390-24-105, filed 3/26/86; Order 62, § 390-24-105, filed 8/26/75.]

     (2) The term "debt" as used in RCW ((42.17.241)) 42.17A.710 (1)(c) shall not be deemed to include an account payable of a business entity in the ordinary course of such entity's business.

[Statutory Authority: RCW 42.17.370(1). 86-08-030 (Order 86-02), § 390-24-110, filed 3/26/86; Order 62, § 390-24-110, filed 8/26/75.]

     (2) To insure that the provisions of Referendum 36 and this rule are properly and fairly administered and to provide guidance to affected individuals, the commission, through its chair and executive director, shall confer annually in December with the governor, the secretary of the senate and the clerk of the house regarding the specific professional staff members believed to fall within the criteria set forth in subsection (1) of this section. The executive director shall submit a report of those conferences to the commission at its December meeting for approval, disapproval or modification, or other determination. Each determination shall be based on an annual review of the positions and personnel to be retained by the affected governmental bodies during the ensuing year and shall constitute the commission's administrative interpretation of the term "professional staff member" in RCW ((42.17.240)) 42.17A.705 (2) and (3) and its application to such positions and personnel.

[Statutory Authority: RCW 42.17.390. 94-05-010, § 390-24-160, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370(1). 86-08-030 (Order 86-02), § 390-24-160, filed 3/26/86; Order 88, § 390-24-160, filed 12/29/76.]

     (2) Each property description shall be followed by the name of the county in which the property is located.

[Statutory Authority: RCW 42.17.370(1). 02-03-018, § 390-24-200, filed 1/4/02, effective 2/4/02. Statutory Authority: RCW 42.17.370. 01-10-053, § 390-24-200, filed 4/26/01, effective 6/1/01. Statutory Authority: RCW 42.17.370(1). 88-20-029 (Order 88-04), § 390-24-200, filed 9/29/88; 86-08-030 (Order 86-02), § 390-24-200, filed 3/26/86; Order 63, § 390-24-200, filed 9/10/75.]

     (1) The terms partnership, general partnership, limited partnership, limited liability partnership, and limited liability company as defined in Title 25 RCW will apply.

     (2) Persons who have a partnership or membership in limited partnerships, limited liability partnerships, limited liability companies, and similar entities including but not limited to professional limited liability companies, shall file a personal financial affairs form (PDC F-1) as required in RCW ((42.17.241)) 42.17A.710, and shall also provide the information described in subsection (3) of this section.

     (3) A person filing a personal financial affairs statement shall report the name of any limited partnership, limited liability partnership, limited liability company, professional limited liability company, and similar entity in which a partnership or membership is held by the person or member of the person's immediate family, and any title held. The person shall also report the following:

     (a) Regarding a governmental unit in which the filer seeks or holds any office or position, if the entity has received compensation during the reporting period from the governmental unit, the value of the compensation and the consideration given or performed in exchange for the compensation; and

     (b) The name of each governmental unit, corporation, partnership, joint venture, sole proprietorship, association, union, or other business or commercial entity from which the entity has received compensation in the amount equal to or greater than the amount specified in WAC 390-24-010 and 390-24-020 (the F-1 reporting forms) during the reporting period and the consideration given or performed in exchange for the compensation.

[Statutory Authority: RCW 42.17.241 (1)(n) and 42.17.370. 06-21-010, § 390-24-201, filed 10/6/06, effective 11/6/06.]

     (1) The name and address of the person or persons through whom a commission was paid;

     (2) For purposes of RCW ((42.17.241)) 42.17A.710 (1)(f), the name and address of each person (other than an individual) for whom a service was rendered or to whom a product was sold that resulted in a commission of $2,000 or more in the aggregate;

     (3) For purposes of RCW ((42.17.241)) 42.17A.710 (1)(g)(i), the name and address of each governmental unit for whom a service was rendered or to whom a product was sold that resulted in a commission;

     (4) For purposes of RCW ((42.17.241)) 42.17A.710 (1)(g)(ii), the name and address of each person (other than an individual) for whom a service was rendered or to whom a product was sold that resulted in a commission of $10,000 or more in the aggregate.

[Statutory Authority: RCW 42.17.370(1). 08-01-070, § 390-24-202, filed 12/14/07, effective 1/14/08. Statutory Authority: RCW 42.17.370. 92-08-105, § 390-24-202, filed 4/1/92, effective 5/2/92.]

     (2) All persons required to file pursuant to RCW ((42.17.241)) 42.17A.710 who attend a field trip or other excursion paid for or provided by a lobbyist, lobbyist employer, or other person paying for or providing field trips or other excursions shall report the date, name of the person paying for or providing the field trip or excursion, pro rata cost attributable to the filer, applicable code value, and a brief description of the field trip or other excursion as part of the F-1 statement that covers the date of the field trip or other excursion.

[Statutory Authority: RCW 42.17.370(1). 00-22-059, § 390-24-203, filed 10/27/00, effective 11/27/00.]

[Statutory Authority: RCW 42.17.370(1). 86-08-030 (Order 86-02), § 390-24-210, filed 3/26/86; Order 77, § 390-24-210, filed 6/2/76.]

Statutory Section		Subject Matter	Amount Enacted or Last Revised	Revision Effective January 1, 2008
((.241(1)(b))) .710 (1)(b)		Bank Accounts	$15,000	$20,000
((.241(1)(b))) .710 (1)(b)		Other Intangibles	$1,500	$2,000
((.241(1)(c))) .710 (1)(c)		Creditors	$1,500	$2,000
((.241(1)(f))) .710 (1)(f)		Compensation	$1,500	$2,000
((.241(1)(g)(ii))) .710 (1)(g)(ii)		Compensation to Business Entity	$7,500	$10,000
((.241(1)(g))) .710 (1)(g)		Bank Interest Paid	$1,800	$2,400
((.241(1)(h))) .710 (1)(h)		Real Property-- Acquired	$7,500	$10,000
((.241(1)(i))) .710 (1)(i)		Real Property-- Divested	$7,500	$10,000
((.241(1)(j))) .710 (1)(j)		Real Property-- Held	$7,500	$10,000
((.241(1)(k))) .710 (1)(k)		Real Property-- Business	$15,000	$20,000
((.241(1)(l))) .710 (1)(l)		Food and Beverages	$50
((.241(2))) .710 (2)		Dollar Code A	Up to $2,999	Up to $3,999
		Dollar Code B	$3,000 -- $14,999	$4,000 -- $19,999
		Dollar Code C	$15,000 -- $29,999	$20,000 -- $39,999
		Dollar Code D	$30,000 -- $74,999	$40,000 -- $99,999
		Dollar Code E	$75,000 and up	$100,000 and up

[Statutory Authority: RCW 42.17.370(1). 08-01-070, § 390-24-301, filed 12/14/07, effective 1/14/08. Statutory Authority: RCW 42.17.370 (1) and (11) and 42.17.241 (1)(n). 97-23-020, § 390-24-301, filed 11/10/97, effective 1/1/98.]

OTS-4410.2

AMENDATORY SECTION(Amending WSR 07-14-117, filed 7/3/07, effective 8/3/07)

WAC 390-28-020   Definition -- Applicant.   The term applicant for the purposes of chapter 390-28 WAC shall mean any person as defined in RCW ((42.17.020)) 42.17A.005 that seeks a modification pursuant to RCW ((42.17.370(10))) 42.17A.120 and these rules.

[Statutory Authority: RCW 42.17.370. 07-14-117, § 390-28-020, filed 7/3/07, effective 8/3/07; 91-22-083, § 390-28-020, filed 11/5/91, effective 12/6/91. Statutory Authority: RCW 42.17.370(1). 85-22-029 (Order 85-04), § 390-28-020, filed 10/31/85; Order 62, § 390-28-020, filed 8/26/75; Order 24, § 390-28-020, filed 2/21/74.]

     (2) A hearing to modify the reporting requirements shall be conducted pursuant to the Administrative Procedure Act (chapter 34.05 RCW) and its supporting regulations (chapter 10-08 WAC) shall be followed unless otherwise modified by chapter 390-28 WAC.

[Statutory Authority: RCW 42.17.370. 92-05-080, § 390-28-025, filed 2/18/92, effective 3/20/92; 91-22-083, § 390-28-025, filed 11/5/91, effective 12/6/91. Statutory Authority: RCW 42.17.370(1). 85-22-029 (Order 85-04), § 390-28-025, filed 10/31/85; Order 62, § 390-28-025, filed 8/26/75; Order 24, § 390-28-025, filed 2/21/74.]

     (2) The request should contain (a) the required report completed to the extent possible, (b) the applicant's evidence to be submitted at the hearing, (c) a statement of reasons why the reporting of required information would cause a manifestly unreasonable hardship, with as much detail as possible. (A general statement, such as "violates right of privacy" shall not be deemed as sufficient compliance with this requirement.) The applicant is encouraged to also include a proposed modification to the required reporting which, in the applicant's opinion, will relieve the perceived hardship.

     (3) The filing of a request for modification shall not suspend the reporting requirement of any portion of chapter ((42.17)) 42.17A RCW.

[Statutory Authority: RCW 42.17.370. 91-22-083, § 390-28-040, filed 11/5/91, effective 12/6/91. Statutory Authority: RCW 42.17.370(1). 85-24-020 (Order 85-05), § 390-28-040, filed 11/26/85; 80-03-089 (Order 80-03), § 390-28-040, filed 3/4/80; Order 62, § 390-28-040, filed 8/26/75; Order 24, § 390-28-040, filed 2/21/74.]

     (2) After such hearing is concluded, the administrative law judge shall prepare and distribute to the applicant and each commissioner a proposed decision determining the issue. The applicant shall have five days to file with the commission specific objections to the administrative law judge's proposed decision and to request an opportunity to present additional evidence to the commission. When written objections are timely filed, the commission, at the time of review and ratification, shall consider the whole record or such portions as may be cited by the administrative law judge, applicant or executive director. The commission may also hear additional testimony.

     (3) If the applicant files objections to the administrative law judge's proposed decision, the filing requirement from which the applicant has sought modification shall not be suspended unless the commission, upon notice of the filing of objections, determines that a temporary suspension is justifiable pursuant to the criteria set out in RCW ((42.17.370(10))) 42.17A.120. Such suspension of filing requirements shall be granted only until the decision is finalized by formal action of the commission.

     (4) At the next meeting at which the matter can be lawfully considered, the commission shall review and either ratify or modify or revise the proposed order.

[Statutory Authority: RCW 42.17.370. 91-22-083, § 390-28-060, filed 11/5/91, effective 12/6/91. Statutory Authority: RCW 42.17.370(1). 85-22-029 (Order 85-04), § 390-28-060, filed 10/31/85; Order 67, § 390-28-060, filed 1/16/76; Order 62, § 390-28-060, filed 8/26/75; Order 24, § 390-28-060, filed 2/21/74.]

     (a) Provide sufficient evidence to assure that proper findings are made regarding the name of an entity the disclosure of which would likely adversely affect the competitive position of the applicant as provided in RCW ((42.17.370(10))) 42.17A.120; or

     (b) Provide other information or relevant legal authorities for which it finds a compelling interest has otherwise been shown by the applicant to close the hearing.

     (2)(a) Before concluding that closure of a hearing or portion of a hearing or hearing record is warranted, the commission must find by clear and convincing evidence that:

     (i) The applicant has satisfied a basis for seeking closure under subsection (1)(a) or (b) of this section;

     (ii) An open hearing or record to report the information would work a manifestly unreasonable hardship on the applicant;

     (iii) Anyone present when the closure request is made has been given an opportunity to object to the closure;

     (iv) The proposed method for closing the hearing or hearing record is the least restrictive means available for protecting the threatened interests, after considering alternatives;

     (v) The commission has had the opportunity to weigh the competing interests of the applicant seeking closure and the public's interests;

     (vi) Closing the hearing or portion of the hearing or hearing record will not frustrate the purposes of chapter ((42.17)) 42.17A RCW; and

     (vii) The proposed protective order is not broader in its application or duration than necessary to serve its purpose.

     (b) All evidence presented at any portion of a closed session identifying the matters for which the applicant requests modification under these rules shall be considered confidential by the commission pursuant to a protective order which shall be entered by the commission unless otherwise ordered by a court of competent jurisdiction. In the event that an administrative law judge determines that testimony in private may be necessary, the judge shall immediately adjourn the hearing and refer the matter to the commission.

     (3) Any decision or order adverse to an applicant rendered by the commission or the administrative law judge shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law.

[Statutory Authority: RCW 42.17.370. 07-14-117, § 390-28-080, filed 7/3/07, effective 8/3/07; 91-22-083, § 390-28-080, filed 11/5/91, effective 12/6/91. Statutory Authority: RCW 42.17.370(1). 85-22-029 (Order 85-04), § 390-28-080, filed 10/31/85; Order 62, § 390-28-080, filed 8/26/75; Order 24, § 390-28-080, filed 2/21/74. Formerly WAC 390-28-070.]

[Statutory Authority: RCW 42.17.370(1). 85-22-029 (Order 85-04), § 390-28-090, filed 10/31/85; Order 62, § 390-28-090, filed 8/26/75; Order 24, § 390-28-090, filed 2/21/74.]

     (a) Banks, savings accounts, insurance policies - Financial interests. A candidate or official may be exempted from reporting any financial interest, otherwise required to be reported by RCW ((42.17.241)) 42.17A.710 (1)(b) if:

     (i) The financial institution or other entity in which the candidate or official held an interest does not engage in business in the state of Washington, or is not regulated in whole or in part by the office sought or held by such candidate or official;

     (ii) Such reporting would present a manifestly unreasonable hardship to the candidate or official; and

     (iii) The interest would present no actual or potential conflict with the proper performance of the duties of the office sought or held.

     (b) Income and ownership interests. A candidate or official may be exempted from reporting the information otherwise required by RCW ((42.17.241)) 42.17A.710 (1)(f) and (g), if:

     (i) Public disclosure would violate any legally recognized confidential relationship;

     (ii) The information does not relate to a business entity which would be subject to the regulatory authority of the office sought or held by the candidate or official in whole or in part;

     (iii) Such reporting would present a manifestly unreasonable hardship to the candidate or official including but not limited to adversely affecting the competitive position of an entity in which the filer had an interest of ten percent or more as described in RCW ((42.17.370(10))) 42.17A.120; and

     (iv) The interest in question would present no actual or potential conflict with the performance of the duties of the office sought or held.

     (c) Immediate family members' interests. A candidate or official may be exempted from reporting the information otherwise required by RCW ((42.17.241)) 42.17A.710 for members of the immediate family of a candidate or official, if:

     (i) Such information relates to a financial interest held by such member under a bona fide separate property agreement, or other bona fide separate status; and, such financial interest does not constitute a present or prospective source of income to such candidate or official or to any other person who is dependent upon such candidate or official for support in whole or in part; or

     (ii) Reporting the name of an entity in which the immediate family holds an interest of ten percent or more would be likely to adversely affect the competitive position of the entity, under RCW ((42.17.370(10))) 42.17A.120.

     (d) Personal residence - Real property. Regarding reporting the information otherwise required by RCW ((42.17.241)) 42.17A.710 (1)(h) through (k):

     (i) Under WAC 390-24-200, the filer shall list the street address of each parcel, the assessor's parcel number, the abbreviated legal description appearing on property tax statements, or the complete legal description. Each property description shall be followed by the name of the county in which the property is located.

     (ii) No modification will be necessary if the filer describes the real property using one of the alternatives in WAC 390-24-200, plus the name of the county.

     (iii) A modification will be required if the filer seeks some other means to describe reportable real property including the personal residence of the filer. The commission may consider a modification, for example, when the filer or his or her immediate family member has received a threat, has a no contact order, or presents a similar personal safety situation.

     (e) Other. A candidate or official may be exempted from reporting information otherwise required under RCW ((42.17.241)) 42.17A.710 which would constitute a manifestly unreasonable hardship in a particular case, when the circumstances presented would not indicate any actual or potential conflict with the proper performance of the duties of the office sought or held. Examples of members of professions often seeking modifications, and examples of other frequent situations that may result in modification requests, are described in commission interpretive statements.

     (2) "Bona fide separate property agreement" means an agreement or court order describing separate property in a valid:

     (a) Prenuptial agreement;

     (b) Separate property contract under chapter 26.09 RCW;

     (c) Separate property court decree under chapter 26.09 RCW;

     (d) Domestic partnership agreement under chapter 26.60 RCW;

     (e) Domestic partnership agreement as part of a notice of termination under chapter 26.60 RCW; or

     (f) Postnuptial agreement.

     (3) "Other bona fide separate status" means a valid written agreement or court decree recognizing the separate status of the parties under state law, including their individual property that is separate under state law.

[Statutory Authority: RCW 42.17.370(1). 09-20-081, § 390-28-100, filed 10/6/09, effective 11/6/09; 85-22-029 (Order 85-04), § 390-28-100, filed 10/31/85; 80-02-106 (Order 80-02), § 390-28-100, filed 1/24/80; Order 64, § 390-28-100, filed 11/25/75; Order 62, § 390-28-100, filed 8/26/75; Order 24, § 390-28-100, filed 2/21/74.]

OTS-4411.1

AMENDATORY SECTION(Amending Order 85-04, filed 10/31/85)

WAC 390-32-010   Fair Campaign Practices Code for candidates and political committees.   Pursuant to the provisions of RCW ((42.17.370)) 42.17A.110 (1) and (6) the public disclosure commission adopts this Fair Campaign Practices Code:

     (1) I shall conduct my campaign, and to the extent reasonably possible shall insist that my supporters conduct themselves, in a manner consistent with the best American tradition, discussing the issues and presenting my record and policies with sincerity and candor.

     (2) I shall uphold the right of every qualified voter to free and equal participation in the election process.

     (3) I shall not participate in, and I shall condemn, personal vilification, defamation, and other attacks on any opposing candidate or party which I do not believe to be truthful, provable, and relevant to my campaign.

     (4) I shall not use or authorize, and I shall condemn material relating to my campaign which falsifies, misrepresents, or distorts the facts, including but not limited to malicious or unfounded accusations creating or exploiting doubts as to the morality, patriotism or motivations of any party or candidate.

     (5) I shall not appeal to, and I shall condemn appeals to, prejudices based on race, creed, sex or national origin.

     (6) I shall not practice, and I shall condemn practices, which tend to corrupt or undermine the system of free election or which hamper or prevent the free expression of the will of the voters.

     (7) I shall promptly and publicly repudiate the support of any individual or group which resorts, on behalf of my candidacy or in opposition to that of my opponent(s) to methods in violation of the letter or spirit of this code.

     (8) I shall refrain from any misuse of the Public Disclosure Law, chapter ((42.17)) 42.17A RCW to gain political advantage for myself or any other candidate.

[Statutory Authority: RCW 42.17.370(1). 85-22-029 (Order 85-04), § 390-32-010, filed 10/31/85; Order 93, § 390-32-010, filed 8/26/77; Order 64, § 390-32-010, filed 11/25/75; Order 62, § 390-32-010, filed 8/26/75; Order 50, § 390-32-010, filed 3/3/75.]

     (2) Failure to subscribe to the code shall not constitute a violation of chapter ((42.17)) 42.17A RCW.

[Statutory Authority: RCW 42.17.370. 92-18-002, § 390-32-020, filed 8/20/92, effective 9/20/92. Statutory Authority: RCW 42.17.370(1). 86-08-030 (Order 86-02), § 390-32-020, filed 3/26/86; 85-22-029 (Order 85-04), § 390-32-020, filed 10/31/85; Order 93, § 390-32-020, filed 8/26/77; Order 91, § 390-32-020, filed 7/22/77; Order 62, § 390-32-020, filed 8/26/75; Order 59, § 390-32-020, filed 7/16/75; Order 52, § 390-32-020, filed 4/17/75.]

OTS-4425.1

AMENDATORY SECTION(Amending WSR 03-22-065, filed 11/4/03, effective 12/5/03)

WAC 390-37-010   Enforcement procedures -- General.   This chapter provides the procedures for adjudicative proceedings (hearings) in compliance cases under the commission's jurisdiction. The procedures are also governed by RCW ((42.17.395)) 42.17A.755, and the adjudicative proceedings provisions of chapter 34.05 RCW. Unless they differ or are otherwise specifically addressed in this chapter, the procedure, are supplemented by the model rules of procedure in chapter 10-08 WAC. In lieu of holding an adjudicative proceeding or issuing an order as a result of such a proceeding, the commission may refer the matter to the attorney general or other law enforcement agency pursuant to RCW ((42.17.360(5))) 42.17A.105(5) and ((42.17.395(3))) 42.17A.755.

     In addition, the procedures for requesting a hearing on a petition to modify or suspend reporting requirements are provided in RCW ((42.17.370(10))) 42.17A.120 and chapters 390-24 and 390-28 WAC.

     The policy of the commission shall be to facilitate the resolution of compliance matters in a fair and expeditious manner. The commission encourages the parties to consider alternative resolution or partial resolution procedures such as stipulations under WAC 390-37-090, when appropriate. Informal settlements are encouraged by RCW 34.05.060.

[Statutory Authority: RCW 42.17.370. 03-22-065, § 390-37-010, filed 11/4/03, effective 12/5/03; Order 79, § 390-37-010, filed 6/25/76.]

     (a) A member of the public;

     (b) The commission staff;

     (c) A commission member, who shall then be disqualified from participating in the decision of an enforcement hearing that may arise from the complaint;

     (d) Referral from the office of the attorney general or any other law enforcement agency;

     (e) A state agency, local agency or member of a state or local agency.

     (2) The person or entity against whom a complaint is filed shall be known as the respondent.

[Statutory Authority: RCW 42.17.370. 93-24-003, § 390-37-020, filed 11/18/93, effective 12/19/93. Statutory Authority: RCW 42.17.370(1). 84-12-017 (Order 84-03), § 390-37-020, filed 5/25/84; Order 79, § 390-37-020, filed 6/25/76.]

     (2) The complainant or any other person may submit documentary evidence and/or written factual or legal statements to the staff at any time up to and including the fifth calendar day before the date of any enforcement hearing or proceeding.

     (3) A person not satisfied with the dismissal of a complaint by the commission or its executive director may pursue an appropriate remedy under RCW ((42.17.400(4))) 42.17A.765(4).

[Statutory Authority: RCW 42.17.370(1). 04-12-058, § 390-37-030, filed 5/28/04, effective 6/28/04. Statutory Authority: RCW 42.17.370. 03-22-065, § 390-37-030, filed 11/4/03, effective 12/5/03; 02-23-001, § 390-37-030, filed 11/6/02, effective 12/7/02. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-37-030, filed 2/5/86; 84-12-017 (Order 84-03), § 390-37-030, filed 5/25/84; Order 79, § 390-37-030, filed 6/25/76.]

     (2) A complaint filed with the commission, other than a complaint specified in subsection (1) of this section, shall be made in writing.

     (3) A complaint filed under the provisions of either subsection (1) or (2) of this section shall include:

     (a) A statement of the nature of the alleged violation or violations, date, time and place of each occurrence and name of person or persons responsible;

     (b) All available documentation and other evidence which the complainant is able to supply to demonstrate a reason for believing that a violation of the sections of chapter ((42.17)) 42.17A RCW that are enforced by the commission has occurred; and

     (c) The name, address, telephone number, and other contact information for the complainant.

[Statutory Authority: RCW 42.17.370. 03-22-065, § 390-37-040, filed 11/4/03, effective 12/5/03. Statutory Authority: RCW 42.17.370(1). 84-12-017 (Order 84-03), § 390-37-040, filed 5/25/84; Order 79, § 390-37-040, filed 6/25/76.]

     (1) Initiate an investigation;

     (2) Submit a report to the commission that may include a recommendation;

     (3) Schedule the matter for an adjudicative proceeding before the commission following investigation; and/or

     (4) Take any other steps consistent with the agency's authority and resources.

[Statutory Authority: RCW 42.17.370(1). 04-12-059, § 390-37-041, filed 5/28/04, effective 6/28/04. Statutory Authority: RCW 42.17.370. 03-22-065, § 390-37-041, filed 11/4/03, effective 12/5/03.]

     (2) The executive director shall initiate an adjudicative proceeding or provide a report to the commission whenever an investigation reveals facts that the executive director has reason to believe are a material violation of the sections of chapter ((42.17)) 42.17A RCW under the commission's jurisdiction, and do not constitute substantial compliance.

     (3) The respondent shall be notified of the date of the adjudicative proceeding no later than ten calendar days before that date. The notice shall contain the information required by RCW 34.05.434. The complainant shall also be provided a copy of this notice.

     (4) It is the policy of the commission during the course of any investigation that all records generated or collected as a result of that investigation are exempt from public inspection and copying under RCW ((42.17.310 (1)(d))) 42.56.240(1). If a request is made for any such record that implicates the privacy of an individual, written notice of the records request will be provided to the individual in order that such individual may request a protective order from a court under RCW ((42.17.330)) 42.56.540. Certain documents shall be returned to candidates, campaigns, or political committees as required by RCW ((42.17.365)) 42.17A.105 within seven calendar days of the commission's final action upon completion of an audit or field investigation.

[Statutory Authority: RCW 42.17.370. 05-11-001, § 390-37-060, filed 5/4/05, effective 6/4/05; 03-22-065, § 390-37-060, filed 11/4/03, effective 12/5/03; 93-24-003, § 390-37-060, filed 11/18/93, effective 12/19/93; 91-16-072, § 390-37-060, filed 8/2/91, effective 9/2/91. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-37-060, filed 2/5/86; 84-12-017 and 84-12-029 (Orders 84-03 and 84-03A), § 390-37-060, filed 5/25/84 and 5/29/84; Order 81, § 390-37-060, filed 7/22/76.]

     (a) Specifically describe the information which is sought, and

     (b) Set forth a reasonable time and place for the production of the information, and

     (c) Notify the person that if the information is not produced, the executive director will apply to the superior court for an appropriate order or other remedy.

     The subpoena may be personally delivered or sent by certified mail, return receipt requested.

     (2) The commission may issue a subpoena under RCW ((42.17.370(6))) 42.17A.110(6) and WAC 390-37-120 to compel persons to appear and give testimony and may require the production of any books, papers, correspondence, memorandums or other documents which the commission deems relevant and material.

[Statutory Authority: RCW 42.17.370. 03-18-003, § 390-37-063, filed 8/20/03, effective 9/20/03; 93-24-003, § 390-37-063, filed 11/18/93, effective 12/19/93. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-37-063, filed 2/5/86; 82-02-007 (Order 81-04), § 390-37-063, filed 12/28/81.]

[Statutory Authority: RCW 42.17.370. 03-22-065, § 390-37-070, filed 11/4/03, effective 12/5/03. Statutory Authority: RCW 42.17.390. 94-05-010, § 390-37-070, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-37-070, filed 2/5/86; 84-12-017 (Order 84-03), § 390-37-070, filed 5/25/84; Order 81, § 390-37-070, filed 7/22/76.]

     (2) An adjudicative proceeding shall be heard by the commission, except for brief adjudicative proceedings which are conducted by the chair or the chair's designee.

     (3) The commission shall have the authority to:

     (a) Determine the order of presentation of evidence;

     (b) Administer oaths and affirmations;

     (c) Rule on procedural matters, objections, and motions;

     (d) Rule on offers of proof and receive relevant evidence;

     (e) Pursuant to RCW 34.05.449(5), close parts of a hearing to public observation or order the exclusion of witnesses upon a showing of good cause;

     (f) Interrogate witnesses called by the parties in an impartial manner to develop any facts deemed necessary to fairly and adequately decide the matter;

     (g) Take official notice of facts pursuant to RCW 34.05.452(5);

     (h) Regulate the course of the hearing and take any appropriate action necessary to maintain order during the hearing;

     (i) Permit or require oral argument or briefs and determine the time limits for submission thereof;

     (j) Issue an order of default pursuant to RCW 34.05.440;

     (k) Take any other action necessary and authorized by any applicable statute or rule;

     (l) Waive any requirement of these rules unless a party shows that it would be prejudiced by such a waiver; and

     (m) The commission chair or the chair's designee may conduct the procedural aspects of the adjudicative proceeding under (a) through (l) of this subsection, unless a majority of members present vote to seek a full commission decision on any particular matter.

     (4) The commission may decide dispositive motions, and any other matters referred to it by the presiding officer at a prehearing conference.

     (5) After an adjudicative proceeding by the commission, the commission may find that:

     (a) Respondent did not violate the act, as alleged, and dismiss the case; or

     (b) Respondent violated chapter ((42.17)) 42.17A RCW, as alleged, and determine the sanction, if any, to be imposed; or

     (c) Respondent is in apparent violation of chapter ((42.17)) 42.17A RCW, its own remedies are inadequate and enter its order referring the matter to the appropriate law enforcement agency as provided in RCW ((42.17.360)) 42.17A.105 and ((42.17.395)) 42.17A.755.

     (6) Upon the conclusion of ((and)) an adjudicative proceeding, the commission:

     (a) Shall set forth in writing its findings of fact, conclusions of law and decision on the merits of the case and enter an order; and

     (b) Shall serve the respondent a copy of the findings of fact, conclusions of law and decision and order.

     (7) The executive director is authorized to sign orders on behalf of the commission.

     (8) When the commission finds an apparent violation and refers the matter to an enforcement agency, the commission shall give to the respondent written notice of such finding and order of referral.

[Statutory Authority: RCW 42.17.370. 03-22-065, § 390-37-100, filed 11/4/03, effective 12/5/03; 91-16-072, § 390-37-100, filed 8/2/91, effective 9/2/91; 90-16-083, § 390-37-100, filed 7/31/90, effective 8/31/90. Statutory Authority: RCW 42.17.370(1). 86-04-071 (Order 86-01), § 390-37-100, filed 2/5/86; 85-15-020 (Order 85-03), § 390-37-100, filed 7/9/85; 84-12-017 (Order 84-03), § 390-37-100, filed 5/25/84; Order 81, § 390-37-100, filed 7/22/76.]

     (a) Failure to file or late filing of required reports,

     (b) Failure to report or accurately report campaign contributions or expenditures or funds spent in lobbying,

     (c) Use of public office facilities in election campaigns when the value of public funds expended was minimal,

     (d) Infractions of political advertising law regarding sponsor identification or political party identification.

     (2) The commission may utilize a penalty schedule for brief adjudicative proceedings.

     (3) Brief adjudicative proceedings are set forth in RCW 34.05.482 through 34.05.494.

[Statutory Authority: RCW 42.17.370. 03-22-065, § 390-37-140, filed 11/4/03, effective 12/5/03; 93-15-004, § 390-37-140, filed 7/7/93, effective 8/7/93; 91-16-072, § 390-37-140, filed 8/2/91, effective 9/2/91.]

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