This information is designed to provide the disclosure requirements and filing information that lobbyists need to know. The contents have 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 do not take the place of local, state, or federal laws. Please contact the Public Disclosure Commission staff if you need additional information or have questions.
With the approval of Initiative 276 In 1972, the people of Washington State declared that lobbying expenditures must be fully disclosed if secrecy in government is to be avoided and public confidence in the fairness of governmental processes is to be enhanced. A 2008 survey of registered voters conducted by a University of Washington graduate student found that the policy objectives of I-276 were still important with the most important issues being who is paying lobbyists and having access to that information.
The law seeks to place on the public record the identity of those who lobby state government, their employers and the nature, magnitude and intensity of the effort devoted to lobbying reflected through expenditures. The focus is on money. Citizens who petition their state government – through personal contact, telephone calls, letters and e-mails without payment of any kind and without spending funds to benefit public officials are not subject to the law. Persons who are paid to lobby are generally subject to registration, as are those who make lobbying-related expenditures. The Public Disclosure Commission does not regulate federal or local government lobbying.
For those lobbyists who must register and report under the law, the key to complying is in keeping detailed records of all funds received and spent for lobbying. Once registered, lobbyists file monthly reports of their activity until their registration expires or is terminated. A report must be filed even if the lobbyist did not lobby and therefore has no activity to disclose for a particular month.
Attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or otherwise legislative enactment of any state agency under the state Administrative Procedure Act, chapter 34.05 RCW.
Neither lobby nor lobbying includes an association’s or other organization’s act of communicating with the members of that association or organization.
Bills resolutions, motions, amendments, nomination, and other matters pending or proposed in either house of the state legislature, and includes any other matter that may be subject of action by either house or any committee of the legislature and all bills and resolutions that, having passed both houses, are pending approval by the governor.
Most people realize that contacting state lawmakers with a request to support or oppose specific legislation is a reportable activity. But under state law, there are additional kinds of lobbying that are reportable. Since "legislation" includes "any other matter that may be the subject of action" by the Legislature, lobbying can include contacts about potential legislation as well as efforts to educate legislators about an issue and the organization's role in it. What's more, efforts to inform, sway, convince or otherwise influence the action or inaction of legislative staff are lobbying. Staff recommendations regarding legislation play a significant role in the legislative process, and contacts with and expenditures on legislative staffers are reportable.
Lobbying state agencies is sometimes overlooked as being reportable. Many agencies have authority to set rates, establish standards to regulate industries and occupations and adopt rules that become part of the Washington Administrative Code (WAC). Attempting to influence state agencies with respect to the “legislative” functions – setting rules, rates or standards – is lobbying and must be reported.
Keep all accounts, bills, receipts, books, papers, and other documents that substantiate lobbyist reports for five years. However, if the lobbyist is required, as part of his or her employment agreement, to turn all records over to the employer, the employer must keep them for five years. RCW 42.17A.655.
The financial reports required from lobbyists and employers mandate that complete, accurate, and detailed records be maintained. The type of information that needs to be reported is often both greater and different from that found in most financial accounting systems or required by the Internal Revenue Service. For these reasons, a careful study should be made of the reporting requirements of the Public Disclosure Law to insure that the record keeping system used will enable both the lobbyist and employer to prepare and substantiate the expense reports.
Given the variety of lobbyists, lobbyist employers and the resources available to them, it is not feasible to suggest a uniform bookkeeping system. Lobbyists and employers must examine their own planned activities and devise a system that is compatible with their other financial accounting requirements, while still satisfying the reporting requirements of the disclosure law. The PDC has compiled these hints and suggestions to assist lobbyists with record keeping:
For special or unusual lobbying activities, involve the accountant or other person completing the expenditure reports during the planning stage. In this way, any record keeping and reporting problems can be anticipated and remedied more easily. The PDC staff can often offer suggestions or the lobbyist could request a reporting modification from the Commission.
The intent of the Public Disclosure Law cannot be satisfied unless reports are filed timely and accurately.
The Commission’s general policy for late reports is:
First time in a calendar year – the Commission will issue a warning letter.
Second time in a calendar year – an enforcement hearing is scheduled and the lobbyist is given the opportunity to avoid the hearing by filing the report and paying a $100 penalty.
Third time in a calendar year – an enforcement hearing is scheduled.
Notwithstanding the general policy, an enforcement hearing may be set on the first or second time in the year that a habitually late-filing lobbyist does not file on time.
When the Commission finds a lobbyist in violation of any of the statutory provisions, a penalty up to $10,000 may be assessed. The Commission also has authority to refer certain violations for criminal prosecution. In addition, the Commission may revoke or suspend a lobbyist’s registration or refer the matter to the Washington State Attorney General for appropriate action. The civil remedies and sanctions available to the court are set out in RCW 42.17A.750.
The Public Disclosure Commission may suspend or modify the reporting requirements of anyone subject to the Act if it decides that the law works a “manifestly unreasonable hardship” on the filer and the modification “will not frustrate the purposes” of the disclosure law.
If you believe your situation meets these two statutory tests and you can provide convincing arguments to that effect, you may ask the Commission for a reporting modification.
To apply for a modification, submit a letter that makes clear:
Send your lobbyist report, as complete as possible, with your letter.
A hearing will be scheduled to consider your request. It’s best if you attend the hearing, but your presence is not required.
It is illegal for any person or entity to pay or agree to pay any consideration to a person for lobbying unless that person is registered as a lobbyist with the PDC. RCW 42.17A.655.
A lobbyist must register with the PDC within 30 days of contracting to lobby or before lobbying begins, whichever occurs first.
A lobbyist required to register may not:
Persons, including individuals and entities who lobby or are employed as lobbyists – either full or part-time – must register and report their income and expenditures unless exempt under one or more of the provisions listed below.
A lobbyist may be:
All of these types of lobbyists must register unless they meet one of the statutory exemptions discussed below.
Persons who attempt to influence the passage or defeat of legislation and/or the adoption or rejection of administrative rules are exempt from registering as lobbyists if they meet one or more of the following criteria:
Limit lobbying activities to appearances before public sessions of legislative committees or public hearings of state agencies;
At the request of a state agency, participate in that agency’s efforts to reach consensus on possible rulemaking under RCW 34.05.310(2). Once notice of a proposed rule has been published, efforts to influence actions on that proposed rule are no longer exempt.
Are working members of the print or broadcast media preparing news reports, feature articles or editorial comment;
Lobby without compensation or “other consideration” for acting as a lobbyist, provided no expenditures are made for or on behalf of the people being lobbied. A person who is reimbursed for lobbying expenses is receiving “other consideration” and is required to register regardless of whether the person is receiving other payment for his or her services. WAC 390-05-220 defines “other consideration” as payment for services, reimbursement or payment of expenses, promise or delivery of goods or services or granting of benefits or privileges that have a tangible and identifiable value.
Individuals who only monitor legislation and/or observe committee hearings and legislative floor debate do not need to register or report their activities.
Citizens who – on their own time and without payment or other consideration – write letters make phone calls, send e-mails, or have personal visits with officials in order to express their views on issues have no registration or reporting obligations so long as they do not spend money on whomever they are lobbying for such things as meals, drinks, or other entertainment, gifts, travel, or contributions.
A lobbyist must file a registration form (PDC Form L-1) within 30 days of being employed to lobby or before lobbying, whichever comes first. A lobbyist is required to file a separate L-1 for each employer. If any of the information on an L-1 changes once it is filed, the L-1 needs to be amended within one week of the change occurring. The registration must be filed electronically.
Registrations filed October 1, 2018, or later expire in January 2021, unless the lobbyist or lobbyist employer terminates the registration on an earlier date.
A lobbyist should terminate an employer’s registration when the lobbying functions have ended. Terminations must be done by amending the registration in the electronic system.
Lobbyist employers may terminate the registration by submitting a written statement identifying which lobbyist is being terminated and as of what date.
A lobbyist must file an L-2 for the last month or portion thereof for which he or she was registered. For example, if lobbying activities conclude on May 23, an L-2 covering May 1 to May 23 would be filed on or before June 15 and must include the termination notice.
A lobbyist may temporarily suspend a registration by notifying the Commission in writing that no lobbying will be done for a specific period of time, no lobbying expenditures will be made during the time specified and no compensation will be earned for lobbying. During the period of the suspension, no monthly L-2 reports are required. A lobbyist who has suspended a registration reinstates it by amending the registration. A registration suspended by the employer must be reinstated by that employer.
The initial registration a lobbyist files must be accompanied by the Lobbyist ID form and passport size photo of the lobbyist taken in the last 12 months. A lobbyist or lobbying firm must complete a separate L-1 for each employer.
In the space provided, identify the employer's business or occupation by selecting one of the categories listed below that best describes your employer's occupation or business type:
Provide a brief biographical sketch and a passport size (2”x2”) glossy photo. The photo must have been taken within the last 12 months. The biography should briefly explain your background, your present interests and be approximately 50 words long. Be sure to describe your qualifications, especially if you have expertise in the areas in which you’ll be lobbying.
Note: A firm or company registering as a lobbyist must submit a bio, with photo, for each individual who will lobby on behalf of the firm
It is not unusual for businesses and organizations to assign one of their regular employees the task of lobbying. Registration and reporting by these lobbyists are required. On the L-2, an employee lobbyist will prorate his or her gross pay according to the amount of time spent lobbying in order to arrive at the amount of compensation for lobbying that is required to be reported. Some months may show little or no activity, others may reflect nearly full-time lobbying work.
L-1, L-2
A person who provides lobbying services on a contract basis is a contract lobbyist. These lobbyists are not employees of the client-employers on whose behalf they work. Contract lobbyists may have one or more lobbying employers. These lobbyists may receive a fee plus expenses or simply a flat fee. Contract lobbyists must register and report for all employers, unless activity for a given employer falls within one of the exemptions. Contract lobbyists may also be consultants, public relations experts or the like. Payments received for non-lobbying related activity are not reportable.
L-1, L-2
A lobbyist – usually a contract lobbyist – may decide to subcontract out some of his or her lobbying duties to another lobbyist. The latter is the subcontract lobbyist. The principal lobbyist is the lobbyist employer. Both must register and report.
The principal lobbyist discloses payments to the subcontractor on the L-2.
L-1, L-2
File the L-1 listing the principal lobbyist as the employer. In the Remarks section, name the clients for whom you will lobby. The subcontractor will file monthly L-2 reports disclosing any payments received from the principal lobbyist and any expenditure made
L-1, L-2
Some businesses are formed strictly to provide lobbying services to clients. Other law firms, public relations firms and consultant businesses provide lobbying services as part of their overall package of services. For registration and reporting purposes, each is considered a lobbying firm. The lobbying firm files a registration statement for each client-employer, listing the names of the firm’s partners or employees who will conduct the actual lobbying on the L-1. The monthly L-2 report will show the amount of compensation received by the firm from each client for all lobbying services, as well as the combined expenses of the individuals who did the lobbying for that client.
L-1, L-2
Note: The firm’s partners or employees (agents) doing the actual lobbying are listed on the L-1 (these individuals do not file separate L-1 forms, although an ID page must be submitted for each). The firm is expected to file one combined L-2 report showing the compensation earned and expenditures made by all lobbying agents; if the firm fails to file accurate and timely L-2s, the responsibility rests with the agents.
This is a person who lobbies, but satisfies one of the exemptions and is not required to register or report. Occasionally, the lobbyist elects to register anyway. Volunteer lobbyists who choose to register and report should note their status in the “Remarks” section of the L-1 form, so it is clear that this is a voluntary registration and no monthly L-2 reports are required. Monthly expense reports will be required unless the registration is marked “volunteer.”
L-1 (Optional)
Note: Exempt from registering and reporting; if lobbyist chooses to register, add “volunteer” in the Remarks section so that you will not be required to file monthly L-2 reports.
One type of unsalaried lobbyist is a person who lobbies without compensation except for reimbursement of travel and personal expenses. It would not be unusual for a neighborhood association or other locally-based citizens group to have such a lobbyist.
This unsalaried lobbyist is required to register but does not need to file monthly L-2 reports if the payments received are for non-reportable expenses. If no reportable expenses will be made, note that fact in the “Remarks” section and also state that no L-2 reports will be filed. Otherwise, monthly expense reports are required.
If an unsalaried lobbyist plans on making reportable expenses – for things such as gifts, entertainment, contributions or providing travel for legislators or other state employees – the lobbyist must register and file monthly L-2 reports, even though many of the reports may show zero expenditure activity.
Another type of unsalaried lobbyists are people who take vacation or leave time from their jobs to lobby and are only reimbursed for lobbying-related expenses by the group or organization on whose behalf they lobby. Persons who receive compensation for the time they spend lobbying – meaning they lobby on company time but do not receive special or premium pay for the time spent lobbying – are, in fact, being paid to lobby and are considered salaried or paid lobbyists.
L-1
Note: Many unsalaried lobbyists need to register because they received “other consideration” for lobbying; if no reportable expenditures will be made, however, they do not need to file L-2 reports as long as they state in the Remarks section, “no reportable expenses."
This is a lobbyist who will be pursuing his or her own agenda with the legislature or state agencies. There is no “employer of lobbyist.” The lobbyist is working on his or her own behalf. Frequently, self-employed lobbyists fall under one of the exemptions outlined above. However, if the lobbyist is not exempt (because, for example, he or she spends money to entertain a legislator), then he or she must register, showing him or herself as the lobbyist employer. If the person makes or plans to make reportable expenses, then monthly L-2 filing is also required.
If a person lobbies on behalf of one’s own business then the person registers and reports as a lobbyist showing the business as the lobbyist employer. That business will then file an annual L-3 lobbyist employer report.
L-1, L-2, L-3
Note: If a self-employed lobbyist will not make reportable lobbying expenditures (e.g., contributions or entertainment expenses), no registration or reporting is required. Those who choose to register should add "volunteer" in the Remarks section to relieve themselves of having to file monthly expenditure reports.
Persons who limit their lobbying to no more than four days (or parts of four days) in three consecutive months and who spend no more than $35 in the aggregate on one or more public officials or employees during those three months are casual lobbyists. Frequently, these are the in-house specialists (actual employees of the lobbyist employer) who visit with legislators or other officials to lend their particular expertise to the discussion. Casual lobbyists do not need to register or report. (Casual lobbyists are advised to keep track of the time they spend lobbying and any expenditures they make in the event they end up registering and reporting because they are about to exceed the four-day limit. Note that any fraction of time spent lobbying on a given day counts as one of the four days.)
This is a person who, out of personal interest or for college credit, wants to learn the lobbying ropes. Generally, no or minimal payment is received and, whatever payment is received, comes from the lobbyist who agrees to tutor the intern and not from the lobbyist employer.
An intern whose only activities are to monitor legislation, keep vote tallies, and/or observe hearings and floor debate does not register and report. However, if an intern receives compensation or other consideration for actual lobbying, the intern must register showing the principal lobbyist as the employer. Both the intern and the principal lobbyist will file monthly L-2 reports. If the intern is paid for lobbying, the principal lobbyist will report these payments on the L-2.
L-1, L-2
Many state and local governmental agencies designate one or more employees of the agency as their lobbyists. These employees are not required to register and report on L-1 and L-2 forms. Instead, public agencies file quarterly reports (on PDC Form L-5) if they engage in reportable lobbying activity.
Some public agencies contract with private sector lobbyists. These contract lobbyists must register on the L-1 form and file L-2 reports for these public agency employers. The agencies do not file an annual Employer’s Lobbying Expenses Report (Form L-3), but rather include payments to or on behalf of the contract lobbyists on their quarterly L-5 reports.
L-1, L-2
L-5 (A quarterly report required from public agencies who contract for lobbying services or whose employees lobby on behalf of the agency.) The agency employee does not have an individual filing requirement.
Details such as who benefited and how much money was spent on each must typically be disclosed for receptions, entertainment, and other special actives listed below. Click the link below to learn what records must be kept and when to notify the recipients of how much money was spent.
Lobbyists disclose reception costs on the L-2. Identify the reception date, sponsor’s name, total cost, attendees’ names, and, in some cases, a per person cost calculated by dividing the number expected to attend into the total cost. Additionally, if the per person food and beverage cost exceeds $50, notify elected officials and professional staff who attend so that they can fulfill their disclosure requirements. The per person food and beverage cost is also calculated using the number of people expected to attend.
Always include the list of attendees when itemizing a reception, even if the reception meets the criteria set out in WAC 390-20-020A. The Commission has said that submitting the reception’s sign-in sheet is sufficient. (Lobbyists may email to pdc@pdc.wa.gov an attachment, such as a sign-in sheet, and ask that it be appended to a particular report.)
Only the principal lobbyist for the employer will disclose the reception as explained above.
The principal lobbyist for each employer discloses the employer’s portion. Not all of these lobbyists are required to list the reception attendees and, when necessary, the per person cost. Only one is required to include those details and the others will reference the lobbyist’s report that contains the attendees’ names. If the reception does not meet the criteria explained above and the per person cost for food and beverage exceeds $50, one of the principal lobbyists must provide the food and beverage cost to elected officials and professional staff who attend. (Calculate the food and beverage cost by dividing the full food & beverage costs by the expected number of attendees. Use the full food & beverage costs regardless of how much each of the lobbyist employers paid.) Each lobbyist employer who paid a portion should be listed as the “Source of Gift” on the L-2 memo report.
Hosting even just a one-time event intended to influence the passage or defeat of legislation will trigger the registration and disclosure requirements, unless the organization is exempt because it spends less than $35. The principal organizer will register as the lobbyist and disclose the lobbying-related expenditures on an L-2. The registration may be terminated once all of the lobbying-related expenditures have been disclosed and the organization is certain that it will not engage in any other lobbying through the end of the registration cycle.
Lobbyists disclose entertainment costs on the L-2. If more than $50 is spent for the occasion, itemize the entertainment. When itemizing, describe the entertainment and disclose the sponsor’s name, total cost for the occasion, and the names of who participated along with the amount spent on each. Related costs, such as tax and tip, should be disclosed but need not be part of the per person cost.
Whenever the bill for a lobbying entertainment occasion amounts to over $50, you must itemize the event, unless all officials, employees and their family members present fully pay their own way and none of the amount paid by the lobbyist is attributable to any guest.
See the Legislative Ethics Board’s Rule 5 – Infrequent Meals, effective January 1, 2015, if the entertainment includes providing a meal to a legislator.
Note: The Public Disclosure Commission has determined that entertainment expenses must be reported at full value. This means that if the actual cost of an official's meal is $60 and the official pays $10 so that the lobbyist pays just $50, the lobbyist discloses $60 and gives an L-2 memo to the official showing a $60 meal. An L-2 memo report is not provided to an official who pays his or her entire share.
Some lobbyists who have associations as lobbying clients arrange to have members of the association entertain legislators from the member’s district. For example, a contract lobbyist for the Widget Manufacturing Association arranges for an association member to take his state senator to lunch or dinner to discuss pending legislation. The association member uses his own funds to pay for this entertainment.
If the association member spends more than $35 on this entertainment (including his own meal), this expenditure needs to be reported as a lobbying expense. In lieu of the association member registering and reporting, the contract lobbyist may include the expense, along with an explanation, on his or her L-2 report as an “Entertainment” expense.
If the association member spends more than $50 on the legislator (or a combination of the official and the official’s family members), the contract lobbyist must also send to the official a copy of the L-2 disclosing the expense or an L-2 Memo Report.
If the contract lobbyist in this example chooses not to report the lobbying expenditures of association members, or the lobbyist was not involved in arranging the entertainment of legislators by association members and is unaware that this activity is occurring, each association member who spends more than $35 in connection with lobbying activities must register and report as a lobbyist.
If the association member is not reimbursed by the association for lobbying expenditures, the member will register as a “self-employed” lobbyist. Monthly L-2 reports are required until he or she terminates the registration.
A large group of people decides to visit Olympia to lobby on a particular issue. For example, a delegation from a local chamber of commerce charters a bus, travels to Olympia to rally on the capitol steps, meet with legislators and host a legislative reception. In lieu of each member of the delegation registering as a lobbyist for this brief visit, the group leader may register on an L-1 prior to the actual lobbying taking place and report the expenses of all members of the group on an L-2 form. The L-2 is due on the 15th of the month following the one in which the lobbying occurred. Generally, this person will terminate his or her registration on the same L-2 report that discloses the expenditures for the trip.
Expenditures by the lobbyist or lobbyist employer for field trips or other excursions provided to elected and appointed officials must be disclosed on the L-2 report. Notify the individuals of the cost of travel provided to them so that so that they can fulfill their annual reporting requirement.
Also see Reporting Independent Expenditures & Electioneering Communications
Expenditures by the lobbyist or lobbyist employer for political advertising supporting or opposing a state or local candidate or ballot measure must be disclosed on the L-2 report. For example, if a lobbyist or lobbyist employer – alone or in conjunction with others – pays for a direct mail piece supporting a candidate, all of the lobbyist’s or employer’s costs associated with developing, producing and distributing the political ad must be reported on lines 8 and 17 of the L-2.
Expenditures for political ads are reportable on the L-2 (in addition to any campaign reporting that is required), whether the ad constitutes an independent expenditure or qualifies as a contribution to a candidate or ballot measure committee. However, a monetary contribution from a lobbyist or lobbyist employer to a candidate or political committee that the recipient in turn decides to spend on political advertising is not reportable by the lobbyist as a political advertising expense, but is still reportable as a contribution.
Independent expenditures and electioneering communications are important because they are a constitutionally protected form of speech and, unlike contributions, not subject to limit. As long as an expenditure does not constitute a contribution as defined in RCW 42.17A.005(16)(a) and WAC 390-05-210, the person making it is free to spend as much or as little as he or she likes.
Be aware that if an expenditure meets the statutory definition of contribution, it is subject to limit and it is not an independent expenditure
A lobbyist or lobbyist employer who sponsors an electioneering communication or an independent expenditure ad that appears within 21 days of an election must file PDC form C-6 in addition to the lobbyist/lobbyist employer reports. See the PDC’s Political Advertising Brochure and Electioneering Communications supplement for more information
Lobbyists are required to report expenditures made by them or their lobbyist employers for public relations, telemarketing, polling, or similar expenses if the expenses were in any way intended, designed or calculated to influence legislation, including the adoption of any rule, rate or standard by a state agency.
At present, the PDC is relying on the following dictionary definitions:
"Public relations" means the method and activities employed in persuading the public to understand and regard favorably a person, business or institution.
"Telemarketing" means selling or advertising by telephone
"Polling" means selling or advertising by telephone.
The following types of expenditures are among those that are reportable if they are directly or indirectly intended, designed or calculated to influence legislation or rulemaking.
However, expenditures by an association or other organization to communicate with its own members are not reportable
Look up contribution amounts that may be given to candidates, politcal party committees, and caucus campaign committes.
Each lobbyist employer has a separate contribution limit unless the employer:
Each lobbying firm is entitled to a separate limit provided it 1) does business in Washington, 2) is not affiliated with another entity, and 3) neither exerts nor receives “direction or control” with respect to a contribution subject to limits.
In addition, each lobbyist has his or her own personal contribution limit for each state office candidate, so long as the lobbyist does not exercise direction or control over someone else’s contributions. With the exception of the last three weeks before the general election, an individual lobbyist has no limit on contributions given to caucus and party committees.
Intermediary: An individual who transmits a contribution on behalf of anyone – except his or her employer, immediate family member, and/or association to which he or belongs – becomes an intermediary and must disclose to the recipient his or her full name, street address, occupation, name of employer and, if self-employed, place of business and the same information for the contributor. (For example, if a lobbyist delivers a contribution from a PAC that is not the lobbyist’s employer – even though the PAC may be affiliated with the employer – the lobbyist is an intermediary and must supply the recipient with the information noted above.)
Direction or Control of Another’s Contribution: If an intermediary or conduit for a contribution originating from another source exercised any “direction or control” over the choice of the recipient candidate or state official, the contribution is considered to be by both the original contributor and the conduit or intermediary. The Commission has determined that a lobbyist has exercised “direction or control” over an employer’s contribution if the lobbyist:
WAC 390-20-148. A lobbyist who merely recommends who the employer should contribute to is not exercising “direction or control” over the contribution.
Affiliated Entities: Some entities are “affiliated” with others for purposes of sharing a contribution limit. For instance, the following entities share a limit: parent corporations and their subsidiaries; corporate branches and divisions; and international, national, state, and local affiliates of the same union or other membership organization. See RCW 42.17A.455 and WAC 390-16-309.
Bundling: Only individuals may be intermediaries for contributions to candidates and political committees. All lobbyists may transmit contributions from their employers. However, a lobbyist employer that is a business, union, association, PAC or other entity is prohibited from collecting contributions from two or more sources and transmitting those contributions to the intended recipient.
Primary Election: Contributions given to a candidate subject to limits with respect to the primary election may not be made after the primary, unless the candidate lost the election and has debt to retire. These candidates can continue to accept primary election contributions for 30 days after the election or until the debt is retired, whichever comes first.
General Election: General election contributions must be made on or before December 31 of the election year. Washington State has a “freeze period” which starts 30 days before a regular session, which typically falls in the middle of December. During the freeze, state office holders, including legislators, are prohibited from soliciting or accepting campaign contributions. At the start of each December, the Commission will post on its website information about the session freeze. A newly elected legislator or statewide official who is not already holding a state office is not subject to the freeze until sworn into office. The newly elected official is allowed to continue accepting contributions once the freeze starts until the end of the cycle or until sworn in, whichever happens first.
The following entities may NOT contribute to candidates for state office:
Furthermore, a political committee must receive at least $10 each from at least 10 Washington State registered voters before contributing to another political committee.
During a regular legislative session and the 30 days before it starts and during any special session, any legislator or state executive office holder (or person employed by or acting on behalf of one or more of these officials) is prohibited from soliciting or accepting contributions:
Further, since caucus political committees act on behalf of legislators, caucus committee personnel also are prohibited from soliciting or accepting contributions for the purposes mentioned above and further explained in WAC 390-17-400.
Report compensation and expenses on an accrual basis. That is, report them for the month in which each was incurred or earned, not necessarily when received. (If reported amounts differ from what is actually received from the employer, file an amended report reflecting the correct amounts.)
On line 1 of the L-2 form, supply the lobbyist’s name and full address, as it appears on the registration statement. (If the lobbyist is a lobbying firm, show the firm’s name. And, report the compensation and expenses of all individuals listed in line 11 of the L-1 who lobbied on behalf of the firm’s employers/clients during the month being reported.) In the space provided, indicate whether the address given on this L-2 is new or is the same as on the L-1. Include a daytime telephone number – PDC staff may need to call you if there are questions regarding your report.
On line 2, identify the month covered by the report. Remember, reports covering a given month’s activity are due by the 15th of the following month. For example, January’s report must be mailed or hand-carried to the PDC no later than February 15. If the 15th falls on a weekend or legal holiday, the report is due on the next business day.
Before filling in the expense categories, study the format of the report. The grid layout allows for subtotals for each of the categories (in the Total Amount This Month column), even if you have more than one employer and make reportable expenditures out of your own funds. Assign a column (B, C, or D) to each employer. Use additional L-2 forms if you have more than three lobbyist employers. The Total Amount This Month column (on the top page of the multi-page report) must include, by category, all reportable accrued income and expenditures for the month.
If you have more than one employer, you must divide or allocate your lobbying expenses among your employers. If an employer reimburses you directly for expenses, show how much you were reimbursed. Otherwise, estimate each employer’s share based on either the percentage of time spent on each employer’s effort or the percentage of your total compensation paid by each employer.
Expenditures that cannot fairly be allocated to a specific employer as well as those that come out of your own pocked are disclosed in column A.
Lobbyists employed by the entity for which they lobby usually do not have to pay their lobbying expenses out of their own pocket (i.e., the employer reimburses them, pays a per diem, or directly pays the expenses through arrangements with vendors or via employer credit cards issued to the lobbyist). Similarly, many contract lobbyists have agreements with their lobbying employers that obligate the employer to pay actual expenses. It is possible, in either case, that there may be some lobbying-related expenses that the employer will not or cannot pay. Or, the lobbyist may make an expenditure that is not attributable to an employer. Other contract lobbyists charge a flat fee and pay their expenses out of this sum.
The discussion and examples below explain how to report these various situations. Read this information carefully before completing the compensation section
If you made no payments to other lobbyists out of your own pocket, simply put the gross amount (pre-tax dollars) you earned from each employer for lobbying on line 3, columns B, C, or D and put the sum of these figures in the first column.
If you receive a per diem for personal expenses, it’s assumed you will spend the full expense allotment (that is, there will be some left over to add to your compensation), so simply put the full amount earned for compensation on line 3, columns B, C, or D and put the total in the first column. (The reportable expenses paid out of the per diem will be put in the appropriate categories.)
Payments to a subcontractor are the only expenses that impact the amount of compensation you report receiving from your employers. All other unreimbursed or unattributed expenses you made for lobbying are reported in column A on the appropriate line, without any corresponding reduction in compensation.
Example: You purchase a $50 birthday gift for a legislator. You do so because the legislator is a long-time friend, not because of any lobbying strategy. The gift is, nonetheless, reportable on your L-2. Show $50 on line 5, column A, and add that amount to other entertainment expenses attributed to your employers. The row’s total goes in the first column.
It is presumed that such payments are employer-attributable expenses because neither you nor the employer would bring other lobbyists on board without the intent of the subcontractor aiding the lobbying effort. If you are paying a subcontractor out of your pocket, deduct the amount from the compensation and report it on line 9 in the appropriate employer column(s). The compensation amount on line 3 will be the difference between the gross amounts you earned for lobbying that month from each lobbyist employer and the amount lined on line 9 of the respective employer columns.
For example, let’s assume you earned $4,000 per month from Employer A and $2,000 per month from employer B and you paid another lobbyist $1,000 to assist you. If the other lobbyist’s work benefited only Employer A, the entire $1,000 is shown on line 9 in that employer’s column and the amount of your compensation from that employer on line 3 is $3,000. Another scenario is that the other lobbyist lobbies an equal amount of time for Employers A and B during the month. In that case, report $500 on line 9 in each of these employers’ columns and report your compensation on line 3 as $3,500 from Employer A and $1,500 from Employer B.
Whenever you pay another lobbyist and have multiple lobbying employers, apportion the amount paid the other lobbyist to the various employers based on how much time the lobbyist spent on each account or on what percentage of your overall compensation each of the employers pays. However you apportion the funds paid to the other lobbyist, your compensation from each employer (line 3, columns B, C, and D) is reduced by the amount attributed to each employer for the other lobbyist.
Lobbyists who charge employers a flat fee (that is, employers do not reimburse them for expenses or directly pay expenses incurred on their behalf) forego putting compensation figures on line 3, columns B, C, or D until expenses for each employer have been recorded on the form.
The compensation amount received from an employer is actually the amount remaining after expenses paid from the flat fee have been deducted. However, you do not deduct the amount of contributions you transmit on behalf of a client from the fee. For example, lobbyist Mary McCoy earned $4,000 for lobbying from Washingtonians for Better Transportation (WBT) and WBT gave one $300 contribution during the period that was delivered by McCoy. $4,300 is reported on line 10. McCoy also spent $200 in seminar fees for two lawmakers and paid another lobbyist $400 for services rendered. (McCoy reports receiving $3,400 – that’s $4,000 less $600 total expenses – in compensation.) McCoy’s personal campaign contribution of $75 is also reported on her L-2.
Lobbyists who are paid a flat fee often incur non-reportable as well as reportable expenses. When this happens, the lobbyist’s “Total Compensation and Expenses” amount on line 10 is first reduced by the amount of the non-reportable expenses, then the reportable expenses are noted on the form and the compensation figure on line 3 is the difference between the reduced amount on line 10 and the reportable expenses.
For example, a lobbyist is paid $2,000 as a flat fee. Reportable entertainment expenses of $300 and non-reportable expenses of $200 are incurred. The lobbyist reports $1,800 on line 10, $300 on line 5, and $1,500 as compensation on line 3. (It is understood that the aggregate amount reported by the lobbyist for the year will not agree with the amount reported by the employer on the L-3, the difference will be the total amount incurred for non-reportable expenses.”
Occasionally, fee-only lobbyists make lobbying expenditures that are not attributable to an employer; they come out of the lobbyist’s own funds. Show these out-of-pocket expenses in column A.
Report nonexempt personal expenses incurred for lobbying activities during the month, whether or not these expenses were reimbursed.
Generally, this will include those expenses you incur for food, beverages, and travel when you make a special trip to meet with legislators or other state officials or employees, or when you make a trip to lobby a state agency.
Personal expenses incurred with respect to “hearings of the legislature” are exempt from reporting, as are all lodging expenses whether in Olympia or elsewhere.
*"Hearings of the legislature" means any regular or special session of the state legislature or any publicly announced meeting of a standing, conference, joint or special committee of either house of the legislature. Travel for other lobbying purposes, such as meetings with individual legislatures or staff, state agency hearings or to attend political fund raisers, etc., is reportable.
See Washington State's ethics law, RCW 42.52.010(9)(f), for an explanation of items that may be provided to state officials, employees, and their family members. Also see Receptions and WAC 390-20-020A, L-2 Reporting Guide
The cumulative value of all entertainment, receptions, gifts, travel, seminars or other educational opportunities, or other items of value that are provided to state officials or employees (or immediate family members) are reportable on line 5 of the L-2.
“Immediate family” means the spouse or dependent children of the official or employee as well as any other dependent relative who lives in the official’s or employee’s household.
PDC does not determine what types of items or services are permissible under the Ethics Law for you to give or the official, employee or family member to accept. Depending upon whom you wish to give an item to, contact:
On line 5 of the L-2, you’ll report all expenditures incurred for entertainment, gifts, travel, field trips and other excursions, seminars, flowers, candy, mementos, tributes, services and the like provided to legislators, state officials, state employees and members of their immediate family. Attribute each expense to the employer who incurred the expense or on whose behalf you incurred the expense.
It will be necessary for you to itemize, on line 15, all entertainment occasions costing over $50, as well as any receptions, field trips and other excursions, enrollment and course fees, travel, lodging and subsistence expenses incurred for or provided to an official, employee or their immediate family members.
Expenditures for lobbying-related entertainment occasions costing $50 or less and for items other than travel and educational programs are only reported on line 5. They are not itemized elsewhere on the form.
Also see Special Reports for Last Minute Contributions
The lobbyist's personal contributions to any state or local candidate or political committee are reportable in column A on line 6 of the L-2.
A lobbyist who transmits or delivers contributions from another source to any state or local candidate or political committee, including ballot issue committees, reports the contributions on line 6 of the L-2.
Contributions delivered or transmitted on behalf of the lobbyist’s employer are attributed to that employer in the appropriate column on line 6.
If the lobbyist transmits or delivers contributions from other than his or her lobbyist employers, the amounts of those contributions are aggregated together and put in a column not assigned to any employer. The total of these contributions must be added to the lobbyist’s personal contributions and those from employers that were transmitted or delivered by the lobbyist, and the aggregate total of all is shown on line 6 in the first column.
Note: If you will be transmitting or delivering contributions from someone other than a lobbyist employer, family member or an association of which you are a member, contact PDC staff to ensure that you are not running afoul of the prohibition on bundling.
Each contribution exceeding $25, including those delivered or transmitted from non-employers, must be itemized as part of line 16.
Typical L-2 reportable contributions by lobbyists and their employers include:
Include the cost of preparing, printing and mailing advertising, promotional literature, fact books and similar materials.
“Advertising” includes the preparation, printing or production and distribution or dissemination of printed material, broadcasts, and promotional material that are clearly of an advertising nature and have a separate, identifiable cost related to the lobbying effort.
The cost of materials produced primarily for another purpose but used incidentally as part of the lobbying effort are not reportable. Promotional items such as desk sets, calendars, golf balls and similar gifts, even though promotional in nature are included in Item 5. The cost of placing an advertisement in a candidate or political committee publication is reportable as a contribution in Item 6.
If your employer sponsors an advertising campaign addressed to the general public (e.g., radio or TV ads, newspaper ads, billboards, inserts in monthly bills) to influence legislation, including an initiative to the legislature, you may disclose these costs on your L-2 report – and no other special reporting by the employer would be necessary – so long as the grass roots campaign is funded with existing employer resources. If, however, the campaign is partially or fully paid for with funds acquired from sources other than the employer, the primary sponsor of the campaign must keep detailed records of all contributions and expenditures and file grass roots lobbying reports (PDC Form L-6). See Grass Roots Lobbying.
Expenditures by lobbyists for political advertising supporting or opposing a state or local office candidate or ballot measure, or public relations, telemarketing, polling or similar activities that directly or indirectly are lobbying related must be reported on line 8 in the appropriate column. It will also be itemized as part of line 17 by amount, identity of the vendor or other person paid, and a brief description.
Political Advertising includes any advertising displays, newspaper ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio or television presentations or other means of mass communication used for the purpose of appealing, directly or indirectly, for votes or for financial or other support in any election campaign.
Report “other expenses” that would not have been made but for your attempts to influence the passage or defeat of legislation or the adoption or rejection of any agency rule, rate or standard and that are not reported elsewhere on the L-2 form. Include such expenses as:
Add each column. The figure in the first column on line 10 should equal the sum of columns A, B, C, and D on line 10, and reflect the amounts actually earned and incurred for reportable lobbying activity.
Give the full name of each employer for whom you are registered. Do not use acronyms or initials – show the name exactly as it appears on your registration. Be sure to list the employer names in the order that corresponds with the expenses shown in columns B, C and D.
Describe the subject matter or issue or supply the bill number of the legislation you attempted to influence during the month. Also specify which legislative committee or agency was considering the matter and which employer was represented during your lobbying contacts. Be as specific as possible.
Some lobbyists, with their initial L-2, supply an attached list of bills, issues and committees and then reference this list on subsequent reports. If you use this approach, be sure that you review the list each month to make sure no deletions or additions are in order. The information must be current for the month being reported.
Of the time you spent lobbying during the month, what percentage of it was used for legislative lobbying? For lobbying state agencies? Do not factor in time devoted to non-lobbying activities. Only consider the time you spent lobbying during the reporting period and indicate the percentage for legislative lobbying and for state agency lobbying. For example, if approximately half of your lobbying time was devoted to each, put 50% for both types of lobbing.
The registration is valid until January 10, 2021, unless you terminate it sooner. Complete line 14 only if you wish to terminate your registration for one or more of your employers. Specify the date each termination is effective.
Itemize all entertainment occasions and receptions costing over $50 and all enrollment and course fees, travel, lodging and subsistence expenses incurred for or provided to an official, employee of their immediate family members.
Spending more than $50 for a single occasion, including the portion attributable to the lobbyist, requires itemized reporting. Include:
Whenever the bill for a lobbying entertainment occasion amounts to over $50, you must itemize the event on line 15, unless all officials, employees and their family members present fully pay their own way and none of the amount you pay is attributable to them. That is, the amount you spent for a dinner, sporting event tickets, or the like only covers your own costs.
If, as part of an entertainment occasion, the actual or prorated cost for food and beverages for a state elected official (either singly or in conjunction with immediate family members) exceeds $50, the official must be given notice of the entertainment. Notice is provided by giving a copy of the L-2 report (showing the food and beverage cost attributable to the official/family) to the official or providing the official with an L-2 Memo Report.
Itemize all expenses associated with providing a state official, employee or a member of their family with travel, lodging, meals, field trips and other excursions, and other travel-related items. Include:
Whenever a lobbyist or lobbyist employer either waives the fees charged other attendees and/or pays the expenses of a legislator, other state official or any state employee to attend any type of occasion permitted by RCW 42.52.010(9)(f), the value of everything provided and cost of expenses incurred are reported by the lobbyist on line 5 and itemized on line 15.
Notify Officials of Entertainment, Travel and Seminars
State officials and some employees must annually disclose if they or their family members are provided:
If you or your employer pays for any of these items for the benefit of a state official, employees, or their immediate family member(s), provide the recipient with a copy of your L-2 report or an L-2 Memo Report itemizing the expenditures or benefits given.
The L-2 Memo Report should be used as an attachment to the L-2 report (assuming the L-2 does not itself show the itemized expense). Do not attach the Memo Report to your L-2 if it simply duplicates detailed information already contained on the L-2.
The Public Disclosure Commission has determined that entertainment expenses must be reported at full value. That is, if the actual cost of an official’s meal is $60, the official must be given notice of the expense even if the official gives you $10 or more toward the bill &under the mistaken impression that this would bring the expense below the over-$50 threshold and the official would then not be required to report receipt of the meal on his/her F-1 statement).
Entertainment, travel and enrollment and course fee expenditures typically include, but are not limited to, the following:
When a lobbyist draws upon the resources of the members of an association (or any other employer organization) to provide any of the above items, benefits and services, the lobbyist must report the value of the resources utilized and the identity of the member(s) who made them available.
Total contribution figures are included on line 6 of the form. In this section, itemize each contribution that was over $25 and was given to:
Provide all the information requested and use additional pages, if necessary.
If the lobbyist transmits or delivers a contribution from one of his or her employers and that contribution is over $25, it is itemized on line 16, reported in that employer’s column on line 6 and built into the total column for line 6.
If a lobbyist transmits or delivers a contribution from a source other than a lobbyist employer and that contribution is over $25, it must be itemized on line 16 of the L-2, reported on the front of the L-2 in a column not assigned to any employer, and included in the overall contribution total on line 6. This includes contributions that the lobbyist transmits or delivers from the employer’s PAC.
However, if the lobbyist does not transmit or deliver a contribution from the employer’s PAC, but is aware that the PAC made contributions during the lobbyist’s reporting period, the lobbyist is not required to report these contributions in detail, but should note the name of the PAC in the space provided at the bottom on line 16.
Lobbyist Employer’s Direct Contributions: If the employer makes a direct contribution in excess of $110 to a state or local candidate or political committee and the lobbyist was not involved in the process, the lobbyist has no obligation to report the contribution. Nevertheless, the lobbyist may report the contribution on the L-2. If this is done, the lobbyist employer is relieved of reporting this contribution on an L3c report. If the employer uses general fund dollars to make the contribution and it was not reported by the lobbyist, the employer will have to file an L-3c if the contribution was over $110. If the employer used PAC funds, the contribution would be reported on the Committee’s regular campaign disclosure report.)
Notify Recipients of Contributions: If you make a personal contribution, or you transmit or deliver a contribution from another source to:
then you must give the recipient a copy of the L-2 report on which the contribution appears or provide notice by using an L-2 Memo Report that itemizes the contribution. RCW 42.17A.620.
The L-2 Memo Report should also be used as an attachment to the L-2 report (assuming the L-2 does not itself show the itemized contribution.) Do not attach the Memo Report to your L-2 if it simply duplicates contributions already itemized on line 16 of the L-2
Any expenditures of this nature that were made during the reporting period must be itemized on a separate sheet and attached to the L-2 report. Give the amount, vendor or person receiving payments and a brief description of the activity if you or your employer made expenditures for:
The total of these types of expenditures are shown in the appropriate columns on line 8 of the L-2
Any time an expense is listed on line 9 on the front of the form, it must be itemized showing the date of the expense, whom the expense was made to, which employer benefited or on whose behalf the expense was incurred, and the amount spent.
Although every effort should be made to file complete and accurate reports, mistakes do happen. If you discover an omission or mistake in a previous report that affects the computations on the front side of the L-2 form (lines 3-10), file an amended report.
Prepare an amended L-2 report as follows: Complete the second part of line 2 that indicates which month’s report you’re correcting or amending and then go on to complete the entire form. Amended L-2 reports should be filed as soon as the error is discovered.
If a reporting error occurred that does not affect the computations, you may submit a letter of explanation rather than filing a complete, amended report.
Amendments to any of the information on the L-1 form are to be filed within one week of the change prompting the revision and the entire form must be completed (not simply the new information).
A lobbyist and lobbyist employer must file a Last Minute Contribution (LMC) report if monetary and/or in-kind contributions are given to a candidate, political party, or political committee of $1,000 or more in the aggregate during the 7 days before the primary election and the 21 days before the general election.
The LMC report is due within 24 hours of making the contribution. It should include the amount of the contribution(s), the date given, name and address of the donor, the recipient’s name and address and, if the recipient is a candidate, the office sought and the party preference if the candidate is seeking a partisan office. LMC reports are filed electronically, regardless of whether the lobbyist is filing L2 reports electronically. Whatever is reported on an LMC report should also be included on an L-2 or L-3c
Grass roots lobbying is defined as a program addressed to the general public, a substantial portion of which is intended, designed or calculated primarily to influence state legislation.
Typical grass roots lobbying expenditures include:
Any person or entity making grass roots lobbying expenditures not reported by a registered lobbyist, a candidate, or a political committee exceeding $700 in the aggregate in a one-month period or exceeding $1,400 in the aggregate in any three-month period must file a grass roots lobbying report. Exception: If an organization sends a notice about pending legislation to its members, or a corporation sends a similar message to its stockholders, the expenses related to these activities are not reportable as grass roots lobbying.
The initial grass roots lobbying report (PDC Form L-6) must be filed within 30 days of becoming a sponsor of a grass roots lobbying campaign. Thereafter, sponsors file monthly reports on the 10th of the month covering the preceding calendar month. When the campaign is finished and the last report is being filed, check the final report box.
Lobbyists can relieve their employers from the responsibility of filing an L-6 report by including grass roots lobbying expenditures on their L-2 reports, provided that the grass roots campaign is financed out of the employer’s existing funds. If the employer conducts a special fundraising effort or accepts funds from other sources to finance the grass roots lobbying, L-6 reporting is required (and expenses would not be included on the L-2).
Note that even if a lobbyist employer files an L-6 report covering grass roots lobbying activities, a lobbyist must still disclose on his or her L-2 any of his or her employer’s lobbying-related expenditures for public relations, telemarketing or polling activities.
Candidates and political committees who sponsor grass roots lobbying campaigns do not need to file L-6 reports, whether they use existing funds or receive funds from outside sources. Instead, the contribution and expenditure activity, including that related to grass roots lobbying, is fully reported on their campaign disclosure reports (the “C” series)