Kroese, Mark: Alleged violation of RCW 42.17A.320 for failure to provide proper sponsor Identification on political advertising (OCT'23, EY'23)

Case

#144170

Respondent

MARK KROESE

Complainant

Marilyn Adams

Description

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

• For the purpose of candidate registration with the PDC, the City of Clyde Hill is a small political subdivision and as such there is no requirement for the candidate to file a Candidate Registration (C-1) as long as they do not receive more than $7,000 in contributions for the election. On May 15, 2023, Mark Kroese filed a candidate declaration with their applicable election office.
• RCW 42.17A.320 states, “all written political advertising, whether relating to candidates or ballot propositions, shall include the sponsor’s name and address.”  The statute exempts yard signs and other forms of political advertising where sponsor identification is impractical.  A complete sponsor identification includes either the term “Sponsored by” or “Paid for by” and the sponsor’s name and address, all in the same location, to clearly identify who paid for the advertising.
• Mark Kroese is a first-time candidate for elected office. Mr. Kroese acknowledged that his campaign materials did not include the required sponsor identification.  He self-funded his campaign and thought that because he had not taken contributions that “a self-funded campaign did not require sponsor identification.”  PDC staff found that there was a campaign website and three direct mailers used in the campaign for Mr. Kroese’s election. 
• The Respondent does not have other similar warnings or violations of PDC requirements.

Based on our findings staff has determined that, in this instance, regarding the alleged violation of RCW 42.17A.320, the failure to provide sponsor identification on political advertising does not amount to a violation that calls for further investigation.

Pursuant to WAC 390-37-060(1)(d), however, Mark Kroese will receive a formal written warning concerning their failure to provide sponsor identification on political advertising.  The formal written warning will include staff’s expectation that Mr. Kroese follow all applicable laws, rules, and guidelines related to political advertising.  If violations of PDC laws or rules occur in the future, the Commission will consider this formal written warning in deciding on further Commission action.

Disposition

Case Closed with Written Warning

Date Opened

October 27, 2023

Areas of Law

RCW 42.17A.320

Documents

• 144170 Kroese Mark Complaint.pdf
• 144170 Kroese_Mark Response.pdf
• 144170 Kroese_Mark Complaint Return Letter (combined).pdf