Sharp, Tosh: Alleged Violation RCW 42.17A.320 for failure to disclose full sponsor identification on political advertisements (EY 21, Oct 21)

Case

#100072

Respondent

Tosh Sharp

Complainant

Pamela Carter

Description

A complaint was filed against Tosh Sharp, a candidate for Tukwila City Council in 2021, alleging he may have violated RCW 42.17A.320(1) by failing to include the required sponsor identification information on a joint political advertisement mailer that was co-sponsored by Mr. Sharp and Dennis Martinez, another candidate for Tukwila City Council in 2021. 

The political advertisement provided as part of the complaint: (1) was a joint mailer that included photographs of Tosh Sharp and Dennis Martinez; (2) provided information concerning both candidates’ shared vision for the city of Tukwila; and (3) featured both Mr. Sharp and Mr. Martinez equally as candidates.  The joint mailer included Mr. Martinez’s name and the Campaign PO Box in the return address area of the joint mailer. 

The joint mailer did not meet the political advertisement requirements by including the required sponsor identification (sponsor ID) for both candidates.  The sponsor ID requirements include the words "Paid for" or "Sponsored by" followed by each candidate’s name and mailing address; appears on the first page of the mailer; and that it is printed in at least ten-point type and set apart from any other printed content. 

Mr. Sharp stated he did not realize he needed to include the words "Paid For" on the joint mailer his Campaign co-sponsored with Mr. Martinez.  He stated that he normally has his Campaign’s literature “done through another printer and this mailer was done with a new printer. So, it totally slipped my mind.”  He stated that his “intent with this mailer was to express my campaign message and also assist my friend with his campaign by dividing the cost equally between us.” 

Mr. Sharp stated the joint mailer was for approximately 2,900 mail pieces, that the Renton Printery invoice was forwarded to his treasurer, and the “charge will be captured and added to my PDC report.”  PDC staff reviewed the amended 7-Day Pre-General Election Summary Full Campaign Contributions and Expenditures report (C-4 report) that was filed by the Campaign on October 28, 2021, and found the Campaign disclosed a $1,593.18 order placed with Renton Printery for the costs of the joint or dual mailer.  Both Mr. Sharp and Mr. Martinez were billed separately for their respective portions of the joint mailer costs. 

​Based on these findings staff has determined, in this instance, the allegations concerning the failure to include the required sponsor ID for both candidates on the joint political advertisement do not amount to a violation warranting investigation or further enforcement action. 

However, pursuant to WAC 390-37-060(1)(d), Tosh Sharp will receive a formal written warning concerning his failure to include the required sponsor identification on political advertising co-sponsored by his Campaign along with another candidate.  The formal written warning includes staff’s expectation that Tosh Sharp will in the future include the complete sponsor identification on all future political advertisements as required by law, including joint candidate mailers. The Commission will consider the formal written warning in deciding on future Commission action if there are future violations of PDC laws or rules. 

Based on this information, the PDC has dismissed this matter in accordance with RCW 42.17A.755(1)
 

Disposition

Case Closed with Written Warning

Date Opened

October 26, 2021

Areas of Law

Areas of law not found

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