October 02, 2025

PDC issues $5,000 fine to grassroots lobbying campaign over late reporting  

The Washington Public Disclosure Commission on Thursday, Sept. 25, issued a $5,000 fine to the Tobacco-Free Action Fund for late reporting of nearly $300,000 in grassroots lobbying activity.  

The fine was agreed upon as part of a stipulation between the Fund and Public Disclosure Commission Executive Director Peter Frey Lavallee. The Commission approved the resolution of the case at its meeting. Half of the fine is suspended on condition of the non-suspended portion being paid in 30 days, and on continued compliance with public disclosure law.  

Unlike traditional, or direct, lobbying, in which a lobbyist communicates with legislators, grassroots lobbying campaigns are directed at mobilizing members of the public to do the lobbying. Sponsors of grassroots lobbying campaigns are required to register and report expenses within 24 hours of the initial presentation of the campaign to the public. Sponsors of the lobbying then file monthly reports through the end of the lobbying campaign.  

In 2023, the Washington State Legislature approved changes to the law regulating grassroots lobbying. In December of that year, the Commission adopted new rules to help implement those changes.  

PDC Deputy Director Kim Bradford noted during Thursday’s meeting that organizations are still adjusting to the new regulations, which required reporting on a much shorter timeline than previous requirements, among other changes.  

After the PDC opened a case, the Tobacco-Free Action Fund filed its registration (L-6) on March 11, 2025, covering the period from January 1-31, 2025. It reported making $289,585 in expenditures during that period. The registration was filed 68 days late and later amended on May 12, 2025, to include missing information, including the start dates of the digital advertising and billboards paid for by the campaign.  

The Fund agreed to stipulate that it violated RCW 42.17A.640 and WAC 390-20-125 for failing to register and report a grassroots lobbying campaign within 24 hours of the initial presentation and for failing to timely report the date the campaign was first presented to the public.  

The Fund engaged in both direct and grassroots lobbying during the 2025 legislative session, reporting close to $1.31 million in total lobbying expenses. Topics of its lobbying included Senate Bill 5183 and accompanying House Bill 1203, regarding prohibiting the sale of certain tobacco and nicotine products.  

Commission fines three 2025 candidates for late reports

The Public Disclosure Commission held three hearings at its Thursday, Sept. 25 regular meeting regarding candidates who had failed to file their registration (C-1) and/or their personal financial affairs statement (F-1) within two weeks of beginning their campaign as is required by law.  

In the first case, Ellen Elizabeth Branch, a candidate for School Director in Vashon School District 402, was fined $800 with $400 suspended for failing to file a C-1. The respondent was appointed to the school board in March 2024, and declared candidacy for the 2025 general election on May 9, 2025.  

Portions of fines are suspended on conditions including that the unsuspended portions are paid within 30 days, that missing reports are filed and that the respondent does not have any further violations within 4 years.  

The respondent has a previous violation for failing to file a C-1 for 2023, which has still not been filed. The $250 fine issued in that case was also not paid. Branch did not participate in Thursday’s hearing.  

The Commission also issued a $800 fine with $400 suspended to Robert Amenn, a candidate for School Director for Sultan School District 311, for failing to file both a C-1 and an F-1 within two weeks of becoming a candidate.  

Amenn has previous violations for filing to file C-1 and F-1 reports as a candidate for state Representative in Legislative District 12 in 2022. In that case, the respondent was fined $400, which has not been paid. The missing C-1 was filed, but the F-1 was not filed.  

In the final hearing, the Commission issued a $800 fine with $400 suspended to Robert Scott, a candidate for fire commissioner for West Thurston Regional Fire Authority for failing to file both a C-1 and F-1 within two weeks of becoming a candidate.  

Scott has a previous violation for failing to file an annual F-1, required each year by April 15 by elected and appointed officials in Washington, for calendar year 2023. Scott was fined $250, and has neither paid the fine nor filed the missing report.  

Commission continues to discuss legislation on changes to campaign reporting schedules  

PDC General Counsel Sean Flynn presented updates to a proposal on changes to reporting schedules for candidate and committee expenditure reports (C-4) during the Thursday, Sept. 25 meeting.  

The Commission has discussed the subject throughout the past year, seeking to simplify requirements for expenditure reporting and to find ways to improve transparency, particularly in the run-up to elections.  

Flynn presented a draft of proposed legislation to modify campaign reporting dates at the Commission’s Aug. 28 meeting.  

The draft legislation presented in August would require all candidates and committees to file C-4 reports on the 10th and 25th of each month from July through October, regardless of their participation status in either the primary or general election. During other times, candidates and committees would be required to file monthly.  

The legislation would also extend the last-minute contribution reporting period before the primary and general elections.  

At the September meeting, Flynn introduced changes to the proposal that would create separate reporting schedules depending on whether campaigns are participating in an upcoming election.  

The current C-4 reporting requirements are also based on a campaign’s participation in an upcoming election, but they additionally take into consideration a campaign’s level of activity. The new proposal would abandon monetary thresholds and would require continuing committees to officially designate their participation status at the beginning of each year.  

Flynn noted that the Commission would need to approve a proposal to take to the Legislature soon if a bill were to be presented in the 2026 legislative session. Staff plan to meet with legislators to discuss upcoming agency request legislation, and prepare a draft bill of the proposed reporting deadlines.  

Enforcement report

Between Aug. 20 and Sept. 16, 2025, the PDC received 79 new complaints, and as of Sept. 16 had 225 open cases.  

Of those open cases, 124 were in the initial review phase, 100 were under formal investigation and 1 case is pending deferred enforcement. Five initial hearings, converting cases under initial review to formal investigations, were opened during that time.  

A total of 39 cases were closed during this period, including three closed with no evidence of a violation, 20 reminders, two dismissed by Executive Director Peter Frey Lavallee, one remediable violation, two resolved through the complaint publication process and 11 written warnings. Twenty-four cases involved local candidates, one involved a commercial advertiser, three were for public agencies or employees, 10 involved PACs and one involved an independent expenditure.  

PDC staff also conducted a general enforcement process for 49 candidates who had failed to file one or more mandatory pre-primary election reports. Expenditure reports (C-4) are due regardless of campaign activity 21 and 7 days before the primary and general election, and on the 10th day of the following month.  

A brief enforcement hearing was held on Sept. 23 regarding these cases. The cases included 16 candidates who advanced to the general election.  

PDC staff highlighted two closed cases for the Commission. In case number 162582, filed against the Washington State Republican Party, the party was accused of sponsoring political advertising containing a false statement of material fact about a candidate for public office.  

Staff dismissed the complaint with no evidence of a violation, saying that the complaint did not meet requirements of the state law in question, which requires a finding that the statement was made with actual malice. Staff determined the complaint asked the PDC to arbitrate what ultimately could be a First Amendment issue.  

In the second case, PDC staff issued a warning to Vistaprint, after investigating a complaint that the business did not provide inspection of its records of political advertising purchases by campaigns.  

Staff reported that Vistaprint was previously unaware of Washington’s commercial advertiser laws and had worked with the PDC to address the problem. The company now has a process to respond to these requests, including asking customers if they are ordering items as part of a political campaign.