(1)
Intent. Under certain conditions, expenditures for slate cards and other candidate listings fall within the scope of RCW
42.17A.405(15) and are, therefore, exempt from contribution limits and eligible for payment with a bona fide political party's exempt funds. Slate cards and other candidate listings remain reportable under chapter
42.17A RCW and subject to the political advertising provisions of the act.
The purpose of this exemption from the contribution limits is to allow political parties, political committees, and other sponsors to tell the general public which candidates they support. The exemption is not intended as a device to circumvent the contribution limits and full reporting requirements.
(2) For purposes of RCW
42.17A.005(22) and
42.17A.405(15),
"sample ballots" means slate cards, or other candidate listings, whether written or oral, that satisfy the qualifying criteria specified in subsection (10) of this section.
Sample ballots constitute political advertising for a slate or list of candidates and must include sponsor identification and otherwise be in compliance with the provisions of RCW
42.17A.320 through
42.17A.340.
(3)(a) A bona fide political party may use contributions it receives pursuant to RCW
42.17A.405(15) to produce and distribute sample ballots.
(b) Expenditures for sample ballots do not count against a bona fide political party's contribution limit to the candidates listed on the sample ballot. Further, when reporting sample ballot expenditures, a bona fide political party is not required to attribute a portion of the expenditure to each of the candidates listed on the sample ballot, but the names of the candidates must be reported along with the other information required by chapter
42.17A RCW and chapter
390-17 WAC.
(4) Any person, as defined by RCW
42.17A.005, who makes an expenditure for sample ballots has made an expenditure that does not count against that person's contribution limit to the candidates listed.
(5) An in-state political committee, when disclosing expenditures for sample ballots as part of its C-4 report, is not required to attribute a portion of the expenditure to the candidates listed on the sample ballot, but the names of the candidates and their respective party affiliations must be reported along with other information required by chapter
42.17A RCW and chapter
390-17 WAC.
(6) An out-of-state committee, when disclosing expenditures for sample ballots on a C-5 report, is not required to attribute a portion of the expenditure to the candidates listed on the sample ballot, but must report that an expenditure for sample ballots was made, the name and address of the person to whom the expenditure was made, the full amount of the expenditure, and the name, office sought and party affiliation of each candidate listed on the sample ballot. The report is due no later than the 10th day of the month following the month in which the expenditure was made.
(7) If a lobbyist or lobbyist employer makes expenditures for sample ballots, those expenditures are required to be reported in detail on the lobbyist's monthly L-2 report. Itemization of these expenditures must include the names and respective party affiliations of the candidates listed on the sample ballot, but no portion of the expenditure need be attributed to individual candidates listed on the sample ballot.
(8) The candidates listed on a sample ballot are not required to report any portion of the expenditure as an in-kind contribution to their campaigns.
(9) Qualifying criteria for sample ballots, slate cards and other candidate listings. In order not to count against a person's contribution limit to the candidates listed on a sample ballot and, in the case of a bona fide political party, in order to be eligible for payment with contributions received pursuant to RCW
42.17A.405(15), a sample ballot must satisfy all of the criteria in (a) through (d) of this subsection.
(a) The sample ballot must list the names of at least three candidates for election to public office in Washington state and be distributed in a geographical area where voters are eligible to vote for at least three candidates listed. The candidate listing may include any combination of three or more candidates, whether the candidates are seeking federal, state or local office in Washington.
(b) The sample ballot must not be distributed through public political advertising; for example, through broadcast media, newspapers, magazines, billboards or the like. The sample ballot may be distributed through direct mail, telephone, electronic mail, websites, electronic bulletin boards, electronic billboards or personal delivery by volunteers.
(c) The content of a sample ballot is limited to:
• The identification of each candidate (pictures may be used);
• The office or position currently held;
• The office sought;
• Party affiliation; and
• Information about voting hours and locations.
Therefore, the sample ballot must exclude any additional biographical data on candidates and their positions on issues as well as statements about the sponsor's philosophy, goals or accomplishments. The list must also exclude any statements, check marks or other indications showing support of or opposition to ballot propositions.
(d) The sample ballot is a stand-alone political advertisement. It must not be a portion of a more comprehensive message or combined in the same mailing or packet with any other information, including get-out-the-vote material, candidate brochures, or statements about the sponsor's philosophy, goals or accomplishments.
[Statutory Authority: RCW
42.17A.110(1) and 2018 c 304. WSR 18-24-074, § 390-17-030, filed 11/30/18, effective 12/31/18. Statutory Authority: RCW
42.17A.110. WSR 12-03-002, § 390-17-030, filed 1/4/12, effective 2/4/12. Statutory Authority: RCW
42.17.370. WSR 07-07-005, § 390-17-030, filed 3/8/07, effective 4/8/07. Statutory Authority: RCW
42.17.370 and
42.17.562. WSR 06-11-132, § 390-17-030, filed 5/23/06, effective 6/23/06. Statutory Authority: RCW
42.17.370(1). WSR 04-12-056, § 390-17-030, filed 5/28/04, effective 6/28/04; WSR 02-12-007, § 390-17-030, filed 5/23/02, effective 6/23/02; WSR 99-12-066, § 390-17-030, filed 5/27/99, effective 6/27/99; WSR 96-05-001, § 390-17-030, filed 2/7/96, effective 3/9/96. Statutory Authority: RCW
42.17.370. WSR 93-16-064, § 390-17-030, filed 7/30/93, effective 8/30/93.]
