Advertising displays, newspaper ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio or TV presentations, or other means of mass communication, used for the purpose of appealing, directly or indirectly, for votes or for financial or other support or opposition in an election campaign. "Mass communication" is a message intended to reach a large audience through any of the methods described above as well as periodicals, sample ballots, websites, emails, text messages, social media, and other online or electronic formats enabling the exchange of communication. Sending 100 or more identical or substantially similar letters, emails or text messages to specific recipients within a 30-day period is an example of mass communication.
This brochure contains information specific to sponsor identification and disclosure requirements for independent expenditures and electioneering communications. See the PDC's Political Advertising Guide for general requirements pertaining to all political advertisements. The information contained in online instructions has been distilled from the requirements set out in RCW 42.17A and Title 390 WAC, as well as the Public Disclosure Commission's declaratory orders and interpretations. Care has been taken to make the instructions accurate and concise. Nevertheless, the instructions cannot be substituted for the applicable laws and rules.
A sponsor of an independent political ad regarding a ballot measure and a candidate must prorate the cost of the ad to determine if the candidate portion meets either 1-5 or A-D above. If so, the sponsor must comply with the disclosure requirements explained in this brochure.
The statement "No candidate authorized this ad. It is paid for by (name, address, city, state)" must be part of the ad. A political committee that is not a bona fide party committee must also include:
If the Top 5 includes any political committees, the sponsor must also list the Top 3 donors to the political committees. The Top 3 donors to PAC contributors must be three individuals or entities other than political committees. If the Top 3 list includes a political committee, the sponsor must continue "drilling down" to determine other top contributing individuals or entities (more explanation here); AND
In the case of a tie among the top contributors meaning multiple contributors have given the same amount resulting in more than five "top" contributors, the political committee sponsor may choose which will be named. A committee that tracks contributions according to the use intended by the contributor may identify the top contributors giving for that purpose when making independent expenditures or electioneering communications supporting or opposing a candidate, as opposed to identifying the overall top contributors to the committee.
Recommended format: No candidate authorized this ad. It is paid for by the Committee for Good Government (Gotham City Merchants Assn.) Top 5 Contributors...
Candidate party preference and sponsor requirements must:
Exceptions: Small online ads with limited characters may display the required elements in an automatic display such as a mouse tip/rollover or nonblockable pop-up that remains visible for at least 4 seconds OR on a webpage that is conspicuously linked to the small ad and reached by one click of the mouse. Yard signs no bigger than 8' x 4' and bumper stickers no bigger than 4" x 15" are exempt from the sponsor requirements. The PDC's Political Advertising Guide has a more complete list of exempt items.
Candidate party preference and required disclosures must be clearly identified. An abbreviation may be used when naming a Top 5 contributor, provided the full name of the contributor has already been clearly spoken in the ad. Exception: Bona fide political party committees are required to include the "no candidate authorized this ad" statement in broadcast ads, but not the Top 5 contributors or controlling entity.
The "paid for by" statement and political committee disclosures may appear in print, so long as they are visible for at least 4 seconds, appear in letters greater than 4% of the visual screen height on a solid black background on the entire bottom one-third of the television or visual display screen or bottom one-fourth of the screen if the sponsor does not have or is otherwise not required to list its top five contributors, and have a reasonable color contrast with the background.
Always include the party preference of a candidate running for partisan office. The party preference must be clearly identified in broadcast ads.
Sponsor requirements must:
Exceptions: Small online ads with limited characters may display the required elements in an automatic display such as a mouse tip/rollover or nonblockable pop-up that remains visible for at least 4 seconds OR on a webpage that is conspicuously linked to the small ad and reached by one click of the mouse. Yard signs no bigger than 8' x 4' and bumper stickers no bigger than 4" x 15" are exempt from the sponsor requirements. The PDC's Political Advertising Guide has a more complete list of exempt items.
Required disclosures must be clearly identified. An abbreviation may be used when naming a Top 5 contributor, provided the full name of the contributor has already been clearly spoken in the ad. Exception: Bona fide political party committees are not required to include the Top 5 contributors or controlling entity.
The "paid for by" statement and political committee disclosures may appear in print, so long as they are visible for at least 4 seconds, appear in letters greater than 4% of the visual screen height on a solid black background on the entire bottom one-third of the television or visual display screen or bottom one-fourth of the screen if the sponsor does not have or is otherwise not required to list its top five contributors, and have a reasonable color contrast with the background.
Political committees that buy political advertising will have to provide more disclosure beginning July 28.
House Bill 1379, passed by the 2019 Legislature, expands sponsor disclosure requirements to include more information about the sources of money for ads.
Political committees currently must identify their Top 5 contributors when running political advertising for a ballot measure with a cost of at least $1,000 in the aggregate, or when making an independent expenditure for or against a candidate.
Come July 28, there will have to be additional sponsor identification if the Top 5 list includes political committees. In those cases, the sponsor must determine the Top 3 donors to the political committees listed among the initial top 5.
The Top 3 donors to PAC contributors must be three individuals or entities other than political committees. If the Top 3 list includes a political committee, the sponsor must continue "drilling down" to determine other top contributing individuals or entities.
PAC #1 sponsors an independent expenditure mailer supporting a candidate. Its Top 5 contributors are John Doe, PAC #2, PAC #3, Jane Smith and PAC #4. All of these names are included in the Top 5 contributor list.
The PAC sponsoring the ad then must decide who to include in the expanded sponsor ID through the following process:
The full sponsor identification message would say: "No candidate authorized this ad. It is paid for by PAC #1, 123 Market St., Olympia, WA. Top 5 Contributors: John Doe, PAC #2, PAC #3, Jane Smith, PAC #4. Top 3 Donors to PAC Contributors: Bob Johnson, Acme Plumbing, XYZ Corporation."
PDC staff recommends that any donor that gave $1,000 during 12-month period preceding the date on which the advertisement is published or presented to the public be considered for the Top 3. If more than three contributors to a "Top 5" political committee tie for the top donation, the sponsor may select which three of those contributors to identify.
Other sponsor identification rules still apply (click on the link for more info):
The Commission is writing rules to assist compliance with the new law. The rules will become effective after the general election, as required by state law. Anyone with suggestions or comments about the rule-making process can email pdc@pdc.wa.gov.
Electronically file PDC Form C-6 within 24 hours of when the EC appears to the public.
These sponsors of ECs will likely be required to file the C-6 and additional reports:
In-state political committee: C-1pc, C-3, C-4
Out-of-state political committee: C-5
Grass Roots Lobbying Campaign: L-6
Examples and illustrations explaining how to disclose electioneering communications.
electronically file or otherwise deliver C-6 to the PDC within 24 hours of when the ad appears to the public.
electronically file or otherwise deliver C-6 to the PDC within 5 days of spending $100 or more.
*Political committees report expenditures for these independent expenditures only on the C-4 report.