RCW 42.17.020
Definitions. (Effective until January 1,
2008.)
The definitions in this section apply throughout this
chapter unless the context clearly requires otherwise.
(1) "Actual malice" means to act with knowledge of falsity
or with reckless disregard as to truth or falsity.
(2) "Agency" includes all state agencies and all local
agencies. "State agency" includes every state office,
department, division, bureau, board, commission, or other state
agency. "Local agency" includes every county, city, town,
municipal corporation, quasi-municipal corporation, or special
purpose district, or any office, department, division, bureau,
board, commission, or agency thereof, or other local public
agency.
(3) "Authorized committee" means the political committee
authorized by a candidate, or by the public official against whom
recall charges have been filed, to accept contributions or make
expenditures on behalf of the candidate or public official.
(4) "Ballot proposition" means any "measure" as defined by
RCW 29A.04.091, or any initiative, recall, or referendum
proposition proposed to be submitted to the voters of the state
or any municipal corporation, political subdivision, or other
voting constituency from and after the time when the proposition
has been initially filed with the appropriate election officer of
that constituency prior to its circulation for signatures.
(5) "Benefit" means a commercial, proprietary, financial,
economic, or monetary advantage, or the avoidance of a
commercial, proprietary, financial, economic, or monetary
disadvantage.
(6) "Bona fide political party" means:
(a) An organization that has filed a valid certificate of
nomination with the secretary of state under chapter 29A.20 RCW;
(b) The governing body of the state organization of a major
political party, as defined in RCW 29A.04.086, that is the body
authorized by the charter or bylaws of the party to exercise
authority on behalf of the state party; or
(c) The county central committee or legislative district
committee of a major political party. There may be only one
legislative district committee for each party in each legislative
district.
(7) "Depository" means a bank designated by a candidate or
political committee pursuant to RCW 42.17.050.
(8) "Treasurer" and "deputy treasurer" mean the individuals
appointed by a candidate or political committee, pursuant to RCW 42.17.050, to perform the duties specified in that section.
(9) "Candidate" means any individual who seeks nomination
for election or election to public office. An individual seeks
nomination or election when he or she first:
(a) Receives contributions or makes expenditures or reserves
space or facilities with intent to promote his or her candidacy
for office;
(b) Announces publicly or files for office;
(c) Purchases commercial advertising space or broadcast time
to promote his or her candidacy; or
(d) Gives his or her consent to another person to take on
behalf of the individual any of the actions in (a) or (c) of this
subsection.
(10) "Caucus political committee" means a political
committee organized and maintained by the members of a major
political party in the state senate or state house of
representatives.
(11) "Commercial advertiser" means any person who sells the
service of communicating messages or producing printed material
for broadcast or distribution to the general public or segments
of the general public whether through the use of newspapers,
magazines, television and radio stations, billboard companies,
direct mail advertising companies, printing companies, or
otherwise.
(12) "Commission" means the agency established under RCW 42.17.350.
(13) "Compensation" unless the context requires a narrower
meaning, includes payment in any form for real or personal
property or services of any kind: PROVIDED, That for the purpose
of compliance with RCW 42.17.241, the term "compensation" shall
not include per diem allowances or other payments made by a
governmental entity to reimburse a public official for expenses
incurred while the official is engaged in the official business
of the governmental entity.
(14) "Continuing political committee" means a political
committee that is an organization of continuing existence not
established in anticipation of any particular election campaign.
(15)(a) "Contribution" includes:
(i) A loan, gift, deposit, subscription, forgiveness of
indebtedness, donation, advance, pledge, payment, transfer of
funds between political committees, or anything of value,
including personal and professional services for less than full
consideration;
(ii) An expenditure made by a person in cooperation,
consultation, or concert with, or at the request or suggestion
of, a candidate, a political committee, or their agents;
(iii) The financing by a person of the dissemination,
distribution, or republication, in whole or in part, of
broadcast, written, graphic, or other form of political
advertising or electioneering communication prepared by a
candidate, a political committee, or its authorized agent;
(iv) Sums paid for tickets to fund-raising events such as
dinners and parties, except for the actual cost of the
consumables furnished at the event.
(b) "Contribution" does not include:
(i) Standard interest on money deposited in a political
committee's account;
(ii) Ordinary home hospitality;
(iii) A contribution received by a candidate or political
committee that is returned to the contributor within five
business days of the date on which it is received by the
candidate or political committee;
(iv) A news item, feature, commentary, or editorial in a
regularly scheduled news medium that is of primary interest to
the general public, that is in a news medium controlled by a
person whose business is that news medium, and that is not
controlled by a candidate or a political committee;
(v) An internal political communication primarily limited to
the members of or contributors to a political party organization
or political committee, or to the officers, management staff, or
stockholders of a corporation or similar enterprise, or to the
members of a labor organization or other membership organization;
(vi) The rendering of personal services of the sort commonly
performed by volunteer campaign workers, or incidental expenses
personally incurred by volunteer campaign workers not in excess
of fifty dollars personally paid for by the worker. "Volunteer
services," for the purposes of this section, means services or
labor for which the individual is not compensated by any person;
(vii) Messages in the form of reader boards, banners, or
yard or window signs displayed on a person's own property or
property occupied by a person. However, a facility used for such
political advertising for which a rental charge is normally made
must be reported as an in-kind contribution and counts towards
any applicable contribution limit of the person providing the
facility;
(viii) Legal or accounting services rendered to or on behalf
of:
(A) A political party or caucus political committee if the
person paying for the services is the regular employer of the
person rendering such services; or
(B) A candidate or an authorized committee if the person
paying for the services is the regular employer of the individual
rendering the services and if the services are solely for the
purpose of ensuring compliance with state election or public
disclosure laws.
(c) Contributions other than money or its equivalent are
deemed to have a monetary value equivalent to the fair market
value of the contribution. Services or property or rights
furnished at less than their fair market value for the purpose of
assisting any candidate or political committee are deemed a
contribution. Such a contribution must be reported as an in-kind
contribution at its fair market value and counts towards any
applicable contribution limit of the provider.
(16) "Elected official" means any person elected at a
general or special election to any public office, and any person
appointed to fill a vacancy in any such office.
(17) "Election" includes any primary, general, or special
election for public office and any election in which a ballot
proposition is submitted to the voters: PROVIDED, That an
election in which the qualifications for voting include other
than those requirements set forth in Article VI, section 1
(Amendment 63) of the Constitution of the state of Washington
shall not be considered an election for purposes of this chapter.
(18) "Election campaign" means any campaign in support of or
in opposition to a candidate for election to public office and
any campaign in support of, or in opposition to, a ballot
proposition.
(19) "Election cycle" means the period beginning on the
first day of January after the date of the last previous general
election for the office that the candidate seeks and ending on
December 31st after the next election for the office. In the
case of a special election to fill a vacancy in an office,
"election cycle" means the period beginning on the day the
vacancy occurs and ending on December 31st after the special
election.
(20) "Electioneering communication" means any broadcast,
cable, or satellite television or radio transmission, United
States postal service mailing, billboard, newspaper, or
periodical that:
(a) Clearly identifies a candidate for a state, local, or
judicial office either by specifically naming the candidate, or
identifying the candidate without using the candidate's name;
(b) Is broadcast, transmitted, mailed, erected, distributed,
or otherwise published within sixty days before any election for
that office in the jurisdiction in which the candidate is seeking
election; and
(c) Either alone, or in combination with one or more
communications identifying the candidate by the same sponsor
during the sixty days before an election, has a fair market value
of five thousand dollars or more.
(21) "Electioneering communication" does not include:
(a) Usual and customary advertising of a business owned by a
candidate, even if the candidate is mentioned in the advertising
when the candidate has been regularly mentioned in that
advertising appearing at least twelve months preceding his or her
becoming a candidate;
(b) Advertising for candidate debates or forums when the
advertising is paid for by or on behalf of the debate or forum
sponsor, so long as two or more candidates for the same position
have been invited to participate in the debate or forum;
(c) A news item, feature, commentary, or editorial in a
regularly scheduled news medium that is:
(i) Of primary interest to the general public;
(ii) In a news medium controlled by a person whose business
is that news medium; and
(iii) Not a medium controlled by a candidate or a political
committee;
(d) Slate cards and sample ballots;
(e) Advertising for books, films, dissertations, or similar
works (i) written by a candidate when the candidate entered into
a contract for such publications or media at least twelve months
before becoming a candidate, or (ii) written about a candidate;
(f) Public service announcements;
(g) A mailed internal political communication primarily
limited to the members of or contributors to a political party
organization or political committee, or to the officers,
management staff, or stockholders of a corporation or similar
enterprise, or to the members of a labor organization or other
membership organization;
(h) An expenditure by or contribution to the authorized
committee of a candidate for state, local, or judicial office; or
(i) Any other communication exempted by the commission
through rule consistent with the intent of this chapter.
(22) "Expenditure" includes a payment, contribution,
subscription, distribution, loan, advance, deposit, or gift of
money or anything of value, and includes a contract, promise, or
agreement, whether or not legally enforceable, to make an
expenditure. The term "expenditure" also includes a promise to
pay, a payment, or a transfer of anything of value in exchange
for goods, services, property, facilities, or anything of value
for the purpose of assisting, benefiting, or honoring any public
official or candidate, or assisting in furthering or opposing any
election campaign. For the purposes of this chapter, agreements
to make expenditures, contracts, and promises to pay may be
reported as estimated obligations until actual payment is made.
The term "expenditure" shall not include the partial or complete
repayment by a candidate or political committee of the principal
of a loan, the receipt of which loan has been properly reported.
(23) "Final report" means the report described as a final
report in RCW 42.17.080(2).
(24) "General election" for the purposes of RCW 42.17.640
means the election that results in the election of a person to a
state office. It does not include a primary.
(25) "Gift," is as defined in RCW 42.52.010.
(26) "Immediate family" includes the spouse, dependent
children, and other dependent relatives, if living in the
household. For the purposes of RCW 42.17.640 through 42.17.790,
"immediate family" means an individual's spouse, and child,
stepchild, grandchild, parent, stepparent, grandparent, brother,
half brother, sister, or half sister of the individual and the
spouse of any such person and a child, stepchild, grandchild,
parent, stepparent, grandparent, brother, half brother, sister,
or half sister of the individual's spouse and the spouse of any
such person.
(27) "Incumbent" means a person who is in present possession
of an elected office.
(28) "Independent expenditure" means an expenditure that has
each of the following elements:
(a) It is made in support of or in opposition to a candidate
for office by a person who is not (i) a candidate for that
office, (ii) an authorized committee of that candidate for that
office, (iii) a person who has received the candidate's
encouragement or approval to make the expenditure, if the
expenditure pays in whole or in part for political advertising
supporting that candidate or promoting the defeat of any other
candidate or candidates for that office, or (iv) a person with
whom the candidate has collaborated for the purpose of making the
expenditure, if the expenditure pays in whole or in part for
political advertising supporting that candidate or promoting the
defeat of any other candidate or candidates for that office;
(b) The expenditure pays in whole or in part for political
advertising that either specifically names the candidate
supported or opposed, or clearly and beyond any doubt identifies
the candidate without using the candidate's name; and
(c) The expenditure, alone or in conjunction with another
expenditure or other expenditures of the same person in support
of or opposition to that candidate, has a value of *five hundred
dollars or more. A series of expenditures, each of which is
under five hundred dollars, constitutes one independent
expenditure if their cumulative value is five hundred dollars or
more.
(29)(a) "Intermediary" means an individual who transmits a
contribution to a candidate or committee from another person
unless the contribution is from the individual's employer,
immediate family as defined for purposes of RCW 42.17.640 through 42.17.790, or an association to which the individual belongs.
(b) A treasurer or a candidate is not an intermediary for
purposes of the committee that the treasurer or candidate serves.
(c) A professional fund-raiser is not an intermediary if the
fund-raiser is compensated for fund-raising services at the usual
and customary rate.
(d) A volunteer hosting a fund-raising event at the
individual's home is not an intermediary for purposes of that
event.
(30) "Legislation" means bills, resolutions, motions,
amendments, nominations, and other matters pending or proposed in
either house of the state legislature, and includes any other
matter that may be the 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.
(31) "Lobby" and "lobbying" each mean 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 other 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.
(32) "Lobbyist" includes any person who lobbies either in
his or her own or another's behalf.
(33) "Lobbyist's employer" means the person or persons by
whom a lobbyist is employed and all persons by whom he or she is
compensated for acting as a lobbyist.
(34) "Participate" means that, with respect to a particular
election, an entity:
(a) Makes either a monetary or in-kind contribution to a
candidate;
(b) Makes an independent expenditure or electioneering
communication in support of or opposition to a candidate;
(c) Endorses a candidate prior to contributions being made
by a subsidiary corporation or local unit with respect to that
candidate or that candidate's opponent;
(d) Makes a recommendation regarding whether a candidate
should be supported or opposed prior to a contribution being made
by a subsidiary corporation or local unit with respect to that
candidate or that candidate's opponent; or
(e) Directly or indirectly collaborates or consults with a
subsidiary corporation or local unit on matters relating to the
support of or opposition to a candidate, including, but not
limited to, the amount of a contribution, when a contribution
should be given, and what assistance, services or independent
expenditures, or electioneering communications, if any, will be
made or should be made in support of or opposition to a
candidate.
(35) "Person" includes an individual, partnership, joint
venture, public or private corporation, association, federal,
state, or local governmental entity or agency however
constituted, candidate, committee, political committee, political
party, executive committee thereof, or any other organization or
group of persons, however organized.
(36) "Person in interest" means the person who is the
subject of a record or any representative designated by that
person, except that if that person is under a legal disability,
the term "person in interest" means and includes the parent or
duly appointed legal representative.
(37) "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 or opposition in any election campaign.
(38) "Political committee" means any person (except a
candidate or an individual dealing with his or her own funds or
property) having the expectation of receiving contributions or
making expenditures in support of, or opposition to, any
candidate or any ballot proposition.
(39) "Primary" for the purposes of RCW 42.17.640 means the
procedure for nominating a candidate to state office under
chapter 29A.52 RCW or any other primary for an election that
uses, in large measure, the procedures established in chapter 29A.52 RCW.
(40) "Public office" means any federal, state, judicial,
county, city, town, school district, port district, special
district, or other state political subdivision elective office.
(41) "Public record" includes any writing containing
information relating to the conduct of government or the
performance of any governmental or proprietary function prepared,
owned, used, or retained by any state or local agency regardless
of physical form or characteristics. For the office of the
secretary of the senate and the office of the chief clerk of the
house of representatives, public records means legislative
records as defined in RCW 40.14.100 and also means the following:
All budget and financial records; personnel leave, travel, and
payroll records; records of legislative sessions; reports
submitted to the legislature; and any other record designated a
public record by any official action of the senate or the house
of representatives.
(42) "Recall campaign" means the period of time beginning on
the date of the filing of recall charges under RCW 29A.56.120 and
ending thirty days after the recall election.
(43) "Sponsor of an electioneering communications,
independent expenditures, or political advertising" means the
person paying for the electioneering communication, independent
expenditure, or political advertising. If a person acts as an
agent for another or is reimbursed by another for the payment,
the original source of the payment is the sponsor.
(44) "State legislative office" means the office of a member
of the state house of representatives or the office of a member
of the state senate.
(45) "State office" means state legislative office or the
office of governor, lieutenant governor, secretary of state,
attorney general, commissioner of public lands, insurance
commissioner, superintendent of public instruction, state
auditor, or state treasurer.
(46) "State official" means a person who holds a state
office.
(47) "Surplus funds" mean, in the case of a political
committee or candidate, the balance of contributions that remain
in the possession or control of that committee or candidate
subsequent to the election for which the contributions were
received, and that are in excess of the amount necessary to pay
remaining debts incurred by the committee or candidate prior to
that election. In the case of a continuing political committee,
"surplus funds" mean those contributions remaining in the
possession or control of the committee that are in excess of the
amount necessary to pay all remaining debts when it makes its
final report under RCW 42.17.065.
(48) "Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means of recording
any form of communication or representation, including, but not
limited to, letters, words, pictures, sounds, or symbols, or
combination thereof, and all papers, maps, magnetic or paper
tapes, photographic films and prints, motion picture, film and
video recordings, magnetic or punched cards, discs, drums,
diskettes, sound recordings, and other documents including
existing data compilations from which information may be obtained
or translated.
As used in this chapter, the singular shall take the plural
and any gender, the other, as the context requires.
[2007 c 180 § 1; 2005 c 445 § 6; 2002 c 75 § 1; 1995 c 397 § 1; 1992 c 139 § 1; 1991 sp.s. c 18 § 1; 1990 c 139 § 2. Prior: 1989 c 280 § 1; 1989 c 175 § 89; 1984 c 34 § 5; 1979 ex.s. c 50 § 1; 1977 ex.s. c 313 § 1; 1975 1st ex.s. c 294 § 2; 1973 c 1 § 2 (Initiative Measure No. 276, approved November 7, 1972).]
NOTES:
*Reviser's note: The dollar amounts in this section have been adjusted for inflation by rule of the commission adopted under the authority of RCW 42.17.690. For current dollar amounts, see chapter 390-05 of the Washington Administrative Code (WAC).
Legislative intent -- 1990 c 139: "The provisions of this act which repeal the reporting requirements established by chapter 423, Laws of 1987 for registered lobbyists and employers of lobbyists are not intended to alter, expand, or restrict whatsoever the definition of "lobby" or "lobbying" contained in RCW 42.17.020 as it existed prior to the enactment of chapter 423, Laws of 1987." [1990 c 139 § 1.]
Effective date -- 1989 c 280: "This act shall take effect January 1, 1990." [1989 c 280 § 14.]
Effective date -- 1989 c 175: See note following RCW 34.05.010.
Effective date -- 1977 ex.s. c 313: "This 1977 amendatory act shall take effect on January 1, 1978." [1977 ex.s. c 313 § 9.]
Severability -- 1977 ex.s. c 313: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 313 § 8.]
RCW 42.17.020
Definitions. (Effective January 1, 2008.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Actual malice" means to act with knowledge of falsity
or with reckless disregard as to truth or falsity.
(2) "Agency" includes all state agencies and all local
agencies. "State agency" includes every state office,
department, division, bureau, board, commission, or other state
agency. "Local agency" includes every county, city, town,
municipal corporation, quasi-municipal corporation, or special
purpose district, or any office, department, division, bureau,
board, commission, or agency thereof, or other local public
agency.
(3) "Authorized committee" means the political committee
authorized by a candidate, or by the public official against whom
recall charges have been filed, to accept contributions or make
expenditures on behalf of the candidate or public official.
(4) "Ballot proposition" means any "measure" as defined by
RCW 29A.04.091, or any initiative, recall, or referendum
proposition proposed to be submitted to the voters of the state
or any municipal corporation, political subdivision, or other
voting constituency from and after the time when the proposition
has been initially filed with the appropriate election officer of
that constituency prior to its circulation for signatures.
(5) "Benefit" means a commercial, proprietary, financial,
economic, or monetary advantage, or the avoidance of a
commercial, proprietary, financial, economic, or monetary
disadvantage.
(6) "Bona fide political party" means:
(a) An organization that has filed a valid certificate of
nomination with the secretary of state under chapter 29A.20 RCW;
(b) The governing body of the state organization of a major
political party, as defined in RCW 29A.04.086, that is the body
authorized by the charter or bylaws of the party to exercise
authority on behalf of the state party; or
(c) The county central committee or legislative district
committee of a major political party. There may be only one
legislative district committee for each party in each legislative
district.
(7) "Depository" means a bank designated by a candidate or
political committee pursuant to RCW 42.17.050.
(8) "Treasurer" and "deputy treasurer" mean the individuals
appointed by a candidate or political committee, pursuant to RCW 42.17.050, to perform the duties specified in that section.
(9) "Candidate" means any individual who seeks nomination
for election or election to public office. An individual seeks
nomination or election when he or she first:
(a) Receives contributions or makes expenditures or reserves
space or facilities with intent to promote his or her candidacy
for office;
(b) Announces publicly or files for office;
(c) Purchases commercial advertising space or broadcast time
to promote his or her candidacy; or
(d) Gives his or her consent to another person to take on
behalf of the individual any of the actions in (a) or (c) of this
subsection.
(10) "Caucus political committee" means a political
committee organized and maintained by the members of a major
political party in the state senate or state house of
representatives.
(11) "Commercial advertiser" means any person who sells the
service of communicating messages or producing printed material
for broadcast or distribution to the general public or segments
of the general public whether through the use of newspapers,
magazines, television and radio stations, billboard companies,
direct mail advertising companies, printing companies, or
otherwise.
(12) "Commission" means the agency established under RCW 42.17.350.
(13) "Compensation" unless the context requires a narrower
meaning, includes payment in any form for real or personal
property or services of any kind: PROVIDED, That for the purpose
of compliance with RCW 42.17.241, the term "compensation" shall
not include per diem allowances or other payments made by a
governmental entity to reimburse a public official for expenses
incurred while the official is engaged in the official business
of the governmental entity.
(14) "Continuing political committee" means a political
committee that is an organization of continuing existence not
established in anticipation of any particular election campaign.
(15)(a) "Contribution" includes:
(i) A loan, gift, deposit, subscription, forgiveness of
indebtedness, donation, advance, pledge, payment, transfer of
funds between political committees, or anything of value,
including personal and professional services for less than full
consideration;
(ii) An expenditure made by a person in cooperation,
consultation, or concert with, or at the request or suggestion
of, a candidate, a political committee, the person or persons
named on the candidate's or committee's registration form who
direct expenditures on behalf of the candidate or committee, or
their agents;
(iii) The financing by a person of the dissemination,
distribution, or republication, in whole or in part, of
broadcast, written, graphic, or other form of political
advertising or electioneering communication prepared by a
candidate, a political committee, or its authorized agent;
(iv) Sums paid for tickets to fund-raising events such as
dinners and parties, except for the actual cost of the
consumables furnished at the event.
(b) "Contribution" does not include:
(i) Standard interest on money deposited in a political
committee's account;
(ii) Ordinary home hospitality;
(iii) A contribution received by a candidate or political
committee that is returned to the contributor within five
business days of the date on which it is received by the
candidate or political committee;
(iv) A news item, feature, commentary, or editorial in a
regularly scheduled news medium that is of primary interest to
the general public, that is in a news medium controlled by a
person whose business is that news medium, and that is not
controlled by a candidate or a political committee;
(v) An internal political communication primarily limited to
the members of or contributors to a political party organization
or political committee, or to the officers, management staff, or
stockholders of a corporation or similar enterprise, or to the
members of a labor organization or other membership organization;
(vi) The rendering of personal services of the sort commonly
performed by volunteer campaign workers, or incidental expenses
personally incurred by volunteer campaign workers not in excess
of fifty dollars personally paid for by the worker. "Volunteer
services," for the purposes of this section, means services or
labor for which the individual is not compensated by any person;
(vii) Messages in the form of reader boards, banners, or
yard or window signs displayed on a person's own property or
property occupied by a person. However, a facility used for such
political advertising for which a rental charge is normally made
must be reported as an in-kind contribution and counts towards
any applicable contribution limit of the person providing the
facility;
(viii) Legal or accounting services rendered to or on behalf
of:
(A) A political party or caucus political committee if the
person paying for the services is the regular employer of the
person rendering such services; or
(B) A candidate or an authorized committee if the person
paying for the services is the regular employer of the individual
rendering the services and if the services are solely for the
purpose of ensuring compliance with state election or public
disclosure laws; or
(ix) The performance of ministerial functions by a person on
behalf of two or more candidates or political committees either
as volunteer services defined in (b)(vi) of this subsection or
for payment by the candidate or political committee for whom the
services are performed as long as:
(A) The person performs solely ministerial functions;
(B) A person who is paid by two or more candidates or
political committees is identified by the candidates and
political committees on whose behalf services are performed as
part of their respective statements of organization under RCW 42.17.040; and
(C) The person does not disclose, except as required by law,
any information regarding a candidate's or committee's plans,
projects, activities, or needs, or regarding a candidate's or
committee's contributions or expenditures that is not already
publicly available from campaign reports filed with the
commission, or otherwise engage in activity that constitutes a
contribution under (a)(ii) of this subsection.
A person who performs ministerial functions under this
subsection (15)(b)(ix) is not considered an agent of the
candidate or committee as long as he or she has no authority to
authorize expenditures or make decisions on behalf of the
candidate or committee.
(c) Contributions other than money or its equivalent are
deemed to have a monetary value equivalent to the fair market
value of the contribution. Services or property or rights
furnished at less than their fair market value for the purpose of
assisting any candidate or political committee are deemed a
contribution. Such a contribution must be reported as an in-kind
contribution at its fair market value and counts towards any
applicable contribution limit of the provider.
(16) "Elected official" means any person elected at a
general or special election to any public office, and any person
appointed to fill a vacancy in any such office.
(17) "Election" includes any primary, general, or special
election for public office and any election in which a ballot
proposition is submitted to the voters: PROVIDED, That an
election in which the qualifications for voting include other
than those requirements set forth in Article VI, section 1
(Amendment 63) of the Constitution of the state of Washington
shall not be considered an election for purposes of this chapter.
(18) "Election campaign" means any campaign in support of or
in opposition to a candidate for election to public office and
any campaign in support of, or in opposition to, a ballot
proposition.
(19) "Election cycle" means the period beginning on the
first day of January after the date of the last previous general
election for the office that the candidate seeks and ending on
December 31st after the next election for the office. In the
case of a special election to fill a vacancy in an office,
"election cycle" means the period beginning on the day the
vacancy occurs and ending on December 31st after the special
election.
(20) "Electioneering communication" means any broadcast,
cable, or satellite television or radio transmission, United
States postal service mailing, billboard, newspaper, or
periodical that:
(a) Clearly identifies a candidate for a state, local, or
judicial office either by specifically naming the candidate, or
identifying the candidate without using the candidate's name;
(b) Is broadcast, transmitted, mailed, erected, distributed,
or otherwise published within sixty days before any election for
that office in the jurisdiction in which the candidate is seeking
election; and
(c) Either alone, or in combination with one or more
communications identifying the candidate by the same sponsor
during the sixty days before an election, has a fair market value
of five thousand dollars or more.
(21) "Electioneering communication" does not include:
(a) Usual and customary advertising of a business owned by a
candidate, even if the candidate is mentioned in the advertising
when the candidate has been regularly mentioned in that
advertising appearing at least twelve months preceding his or her
becoming a candidate;
(b) Advertising for candidate debates or forums when the
advertising is paid for by or on behalf of the debate or forum
sponsor, so long as two or more candidates for the same position
have been invited to participate in the debate or forum;
(c) A news item, feature, commentary, or editorial in a
regularly scheduled news medium that is:
(i) Of primary interest to the general public;
(ii) In a news medium controlled by a person whose business
is that news medium; and
(iii) Not a medium controlled by a candidate or a political
committee;
(d) Slate cards and sample ballots;
(e) Advertising for books, films, dissertations, or similar
works (i) written by a candidate when the candidate entered into
a contract for such publications or media at least twelve months
before becoming a candidate, or (ii) written about a candidate;
(f) Public service announcements;
(g) A mailed internal political communication primarily
limited to the members of or contributors to a political party
organization or political committee, or to the officers,
management staff, or stockholders of a corporation or similar
enterprise, or to the members of a labor organization or other
membership organization;
(h) An expenditure by or contribution to the authorized
committee of a candidate for state, local, or judicial office; or
(i) Any other communication exempted by the commission
through rule consistent with the intent of this chapter.
(22) "Expenditure" includes a payment, contribution,
subscription, distribution, loan, advance, deposit, or gift of
money or anything of value, and includes a contract, promise, or
agreement, whether or not legally enforceable, to make an
expenditure. The term "expenditure" also includes a promise to
pay, a payment, or a transfer of anything of value in exchange
for goods, services, property, facilities, or anything of value
for the purpose of assisting, benefiting, or honoring any public
official or candidate, or assisting in furthering or opposing any
election campaign. For the purposes of this chapter, agreements
to make expenditures, contracts, and promises to pay may be
reported as estimated obligations until actual payment is made.
The term "expenditure" shall not include the partial or complete
repayment by a candidate or political committee of the principal
of a loan, the receipt of which loan has been properly reported.
(23) "Final report" means the report described as a final
report in RCW 42.17.080(2).
(24) "General election" for the purposes of RCW 42.17.640
means the election that results in the election of a person to a
state office. It does not include a primary.
(25) "Gift," is as defined in RCW 42.52.010.
(26) "Immediate family" includes the spouse, dependent
children, and other dependent relatives, if living in the
household. For the purposes of RCW 42.17.640 through 42.17.790,
"immediate family" means an individual's spouse, and child,
stepchild, grandchild, parent, stepparent, grandparent, brother,
half brother, sister, or half sister of the individual and the
spouse of any such person and a child, stepchild, grandchild,
parent, stepparent, grandparent, brother, half brother, sister,
or half sister of the individual's spouse and the spouse of any
such person.
(27) "Incumbent" means a person who is in present possession
of an elected office.
(28) "Independent expenditure" means an expenditure that has
each of the following elements:
(a) It is made in support of or in opposition to a candidate
for office by a person who is not (i) a candidate for that
office, (ii) an authorized committee of that candidate for that
office, (iii) a person who has received the candidate's
encouragement or approval to make the expenditure, if the
expenditure pays in whole or in part for political advertising
supporting that candidate or promoting the defeat of any other
candidate or candidates for that office, or (iv) a person with
whom the candidate has collaborated for the purpose of making the
expenditure, if the expenditure pays in whole or in part for
political advertising supporting that candidate or promoting the
defeat of any other candidate or candidates for that office;
(b) The expenditure pays in whole or in part for political
advertising that either specifically names the candidate
supported or opposed, or clearly and beyond any doubt identifies
the candidate without using the candidate's name; and
(c) The expenditure, alone or in conjunction with another
expenditure or other expenditures of the same person in support
of or opposition to that candidate, has a value of *five hundred
dollars or more. A series of expenditures, each of which is
under five hundred dollars, constitutes one independent
expenditure if their cumulative value is five hundred dollars or
more.
(29)(a) "Intermediary" means an individual who transmits a
contribution to a candidate or committee from another person
unless the contribution is from the individual's employer,
immediate family as defined for purposes of RCW 42.17.640 through 42.17.790, or an association to which the individual belongs.
(b) A treasurer or a candidate is not an intermediary for
purposes of the committee that the treasurer or candidate serves.
(c) A professional fund-raiser is not an intermediary if the
fund-raiser is compensated for fund-raising services at the usual
and customary rate.
(d) A volunteer hosting a fund-raising event at the
individual's home is not an intermediary for purposes of that
event.
(30) "Legislation" means bills, resolutions, motions,
amendments, nominations, and other matters pending or proposed in
either house of the state legislature, and includes any other
matter that may be the 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.
(31) "Lobby" and "lobbying" each mean 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 other 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.
(32) "Lobbyist" includes any person who lobbies either in
his or her own or another's behalf.
(33) "Lobbyist's employer" means the person or persons by
whom a lobbyist is employed and all persons by whom he or she is
compensated for acting as a lobbyist.
(34) "Ministerial functions" means an act or duty carried
out as part of the duties of an administrative office without
exercise of personal judgment or discretion.
(35) "Participate" means that, with respect to a particular
election, an entity:
(a) Makes either a monetary or in-kind contribution to a
candidate;
(b) Makes an independent expenditure or electioneering
communication in support of or opposition to a candidate;
(c) Endorses a candidate prior to contributions being made
by a subsidiary corporation or local unit with respect to that
candidate or that candidate's opponent;
(d) Makes a recommendation regarding whether a candidate
should be supported or opposed prior to a contribution being made
by a subsidiary corporation or local unit with respect to that
candidate or that candidate's opponent; or
(e) Directly or indirectly collaborates or consults with a
subsidiary corporation or local unit on matters relating to the
support of or opposition to a candidate, including, but not
limited to, the amount of a contribution, when a contribution
should be given, and what assistance, services or independent
expenditures, or electioneering communications, if any, will be
made or should be made in support of or opposition to a
candidate.
(36) "Person" includes an individual, partnership, joint
venture, public or private corporation, association, federal,
state, or local governmental entity or agency however
constituted, candidate, committee, political committee, political
party, executive committee thereof, or any other organization or
group of persons, however organized.
(37) "Person in interest" means the person who is the
subject of a record or any representative designated by that
person, except that if that person is under a legal disability,
the term "person in interest" means and includes the parent or
duly appointed legal representative.
(38) "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 or opposition in any election campaign.
(39) "Political committee" means any person (except a
candidate or an individual dealing with his or her own funds or
property) having the expectation of receiving contributions or
making expenditures in support of, or opposition to, any
candidate or any ballot proposition.
(40) "Primary" for the purposes of RCW 42.17.640 means the
procedure for nominating a candidate to state office under
chapter 29A.52 RCW or any other primary for an election that
uses, in large measure, the procedures established in chapter 29A.52 RCW.
(41) "Public office" means any federal, state, judicial,
county, city, town, school district, port district, special
district, or other state political subdivision elective office.
(42) "Public record" includes any writing containing
information relating to the conduct of government or the
performance of any governmental or proprietary function prepared,
owned, used, or retained by any state or local agency regardless
of physical form or characteristics. For the office of the
secretary of the senate and the office of the chief clerk of the
house of representatives, public records means legislative
records as defined in RCW 40.14.100 and also means the following:
All budget and financial records; personnel leave, travel, and
payroll records; records of legislative sessions; reports
submitted to the legislature; and any other record designated a
public record by any official action of the senate or the house
of representatives.
(43) "Recall campaign" means the period of time beginning on
the date of the filing of recall charges under RCW 29A.56.120 and
ending thirty days after the recall election.
(44) "Sponsor of an electioneering communications,
independent expenditures, or political advertising" means the
person paying for the electioneering communication, independent
expenditure, or political advertising. If a person acts as an
agent for another or is reimbursed by another for the payment,
the original source of the payment is the sponsor.
(45) "State legislative office" means the office of a member
of the state house of representatives or the office of a member
of the state senate.
(46) "State office" means state legislative office or the
office of governor, lieutenant governor, secretary of state,
attorney general, commissioner of public lands, insurance
commissioner, superintendent of public instruction, state
auditor, or state treasurer.
(47) "State official" means a person who holds a state
office.
(48) "Surplus funds" mean, in the case of a political
committee or candidate, the balance of contributions that remain
in the possession or control of that committee or candidate
subsequent to the election for which the contributions were
received, and that are in excess of the amount necessary to pay
remaining debts incurred by the committee or candidate prior to
that election. In the case of a continuing political committee,
"surplus funds" mean those contributions remaining in the
possession or control of the committee that are in excess of the
amount necessary to pay all remaining debts when it makes its
final report under RCW 42.17.065.
(49) "Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means of recording
any form of communication or representation, including, but not
limited to, letters, words, pictures, sounds, or symbols, or
combination thereof, and all papers, maps, magnetic or paper
tapes, photographic films and prints, motion picture, film and
video recordings, magnetic or punched cards, discs, drums,
diskettes, sound recordings, and other documents including
existing data compilations from which information may be obtained
or translated.
As used in this chapter, the singular shall take the plural
and any gender, the other, as the context requires.
[2007 c 358 § 1; 2007 c 180 § 1; 2005 c 445 § 6; 2002 c 75 § 1; 1995 c 397 § 1; 1992 c 139 § 1; 1991 sp.s. c 18 § 1; 1990 c 139 § 2. Prior: 1989 c 280 § 1; 1989 c 175 § 89; 1984 c 34 § 5; 1979 ex.s. c 50 § 1; 1977 ex.s. c 313 § 1; 1975 1st ex.s. c 294 § 2; 1973 c 1 § 2 (Initiative Measure No. 276, approved November 7, 1972).]
NOTES:
Reviser's note: *(1) The dollar amounts in this section
have been adjusted for inflation by rule of the commission
adopted under the authority of RCW 42.17.690. For current dollar
amounts, see chapter 390-05 of the Washington Administrative Code
(WAC).
(2) This section was amended by 2007 c 180 § 1 and by 2007 c
358 § 1, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date -- 2007 c 358: "This act takes effect January 1, 2008." [2007 c 358 § 4.]
Legislative intent -- 1990 c 139: "The provisions of this act which repeal the reporting requirements established by chapter 423, Laws of 1987 for registered lobbyists and employers of lobbyists are not intended to alter, expand, or restrict whatsoever the definition of "lobby" or "lobbying" contained in RCW 42.17.020 as it existed prior to the enactment of chapter 423, Laws of 1987." [1990 c 139 § 1.]
Effective date -- 1989 c 280: "This act shall take effect January 1, 1990." [1989 c 280 § 14.]
Effective date -- 1989 c 175: See note following RCW 34.05.010.
Effective date -- 1977 ex.s. c 313: "This 1977 amendatory act shall take effect on January 1, 1978." [1977 ex.s. c 313 § 9.]
Severability -- 1977 ex.s. c 313: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 313 § 8.]