Jennifer Mayberry: Alleged violations of RCW 42.17A.320 by failing to include proper sponsor identification for political advertising (EY24 OCT24)

Case

#160978

Respondent

Jennifer R Mayberry

Complainant

Shane Laib

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint you filed on October 23, 2024. The complaint alleged that Jennifer Mayberry, a Candidate for County Commissioner, may have violated RCW 42.17A.320 for failure to include proper sponsor identification on political advertising.

PDC staff reviewed the allegations and evidence you submitted; the applicable statutes, rules, and reporting requirements; the response(s) provided by Jennifer Mayberry (the “Respondent”); the applicable PDC reports filed by the Respondent; the Respondent’s data in the PDC contribution and expenditure database; and other relevant information, to determine whether the record supports a finding of one or more violations.

Applicable Laws & Rules

  • RCW 42.17A.320 (1) All written political advertising, whether relating to candidates or ballot propositions, shall include the sponsor's name and address.
  • WAC 390-18-030 (3) Online political advertising must provide the same disclosures that apply to non-online advertising to the extent practical. As an alternative, small online advertising may provide the required disclosures by using an automatic display with the advertising that takes the reader directly to the required disclosures.

Background & Findings 

Based on staff’s review, we found the following:

  • Jennifer Mayberry filed a Candidate Registration under the Full Reporting option for the 2024 election.
  • Political text messages were sent that gave the Respondent’s website address, but the website lacked the mailing address of the campaign. 
  • At the time of the complaint the website was down, and the campaign indicated that the website had been hacked, but it would be back up by the time further texts were sent out. 
  • The website still lacked complete sponsor identification once the website was operational. The campaign’s address was not included nor was the candidate’s party preference.
  • Jennifer Mayberry does not have other similar warnings or violations of PDC requirements.

Summary and Resolution

Based on our findings, staff has determined that, in this instance, failing to provide complete sponsor identification on the campaign website does not amount to a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), however, Jennifer Mayberry will receive a formal written warning concerning failure to provide complete sponsor indentation for political advertising. It is staff’s expectation that Jennifer Mayberry will provide complete sponsor identification in the future. The Commission will consider the formal written warning in deciding on further Commission action if there are future violations of PDC laws or rules.

Based on this information, the PDC finds that no further action is warranted and has dismissed this matter in accordance with RCW 42.17A.755(1).

Disposition

Case Closed with Written Warning

Date Opened

October 22, 2024

Areas of Law

RCW 42.17A.320

Documents

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