Macias, Kara: Alleged violation of RCW 42.17A.320 for failure to provide sufficient sponsor id on political advertising

Case

#144582

Respondent

Macia Kara

Complainant

Dwight A Thompson

Description

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

• Kara Macias was a first-time candidate running for a city council position in the City of Kenmore in the 2023 election.  Ms. Macias filed a declaration of candidacy on May 15, 2023, followed up by a Candidate Registration (C-1) on May June 28, 2023.  The candidate was granted permission to convert their Mini Reporting option to the Full Reporting option.
• 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.  The information required to appear on political advertising shall appear on the first page or fold of the written advertisement or communication in at least ten-point type, or in type at least ten percent of the largest size type used in a written advertisement or communication directed at more than one voter, such as a billboard or poster, whichever is larger; not be subject to the half-tone or screening process; and be set apart from any other printed matter.  No text may be before, after, or immediately adjacent to the information required.  WAC 390-18-010 further clarifies and explains the requirements for sponsor identification and political advertising.
• Sponsor identification, is an important piece of political advertising that gives the public information about who sponsored the ad.  The sponsor is the person who arranges for the ad or pays for the ad to be displayed or broadcast.  A candidate or candidate committee sponsoring an ad about the committee uses the words “paid for by” or “sponsored by” followed by the name of the candidate committee and address.
• Mailers and a door hanger distributed by the Macias campaign identified the candidate by name, but it was not clear who paid for the advertising, and the candidate committee address was missing from the materials. 
• Kara Macias does not have other similar warnings or violations of PDC requirements.

Based on our findings staff has determined that, in this instance, failure to provide complete sponsor identification on political advertising does not amount to a finding of a violation that calls for further investigation.

Pursuant to WAC 390-37-060(1)(d), however, Kara Macias will receive a formal written warning concerning their failure to provide complete sponsor identification on political advertising.  The formal written warning will include staff’s expectation that Ms. Macias will, in the future, follow all applicable requirements related to sponsor identification on 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

November 03, 2023

Areas of Law

RCW 42.17A.320

Documents

• 144582 Macias_Kara Response.pdf
• DRAFT Macias Kara Complaint.pdf
• 144582 Macias_Kara Complaint Return Letter (combined).pdf