The legislature finds that:
(1) Timely disclosure to voters of the identity and sources
of funding for electioneering communications is vitally important
to the integrity of state, local, and judicial elections.
(2) Electioneering communications that identify political
candidates for state, local, or judicial office and that are
distributed sixty days before an election for those offices are
intended to influence voters and the outcome of those elections.
(3) The state has a compelling interest in providing voters
information about electioneering communications in political
campaigns concerning candidates for state, local, or judicial
office so that voters can be fully informed as to the: (a)
Source of support or opposition to those candidates; and (b)
identity of persons attempting to influence the outcome of state,
local, and judicial candidate elections.
(4) Nondisclosure of financial information about advertising
that masquerades as relating only to issues and not to candidate
campaigns fosters corruption or the appearance of corruption.
These consequences can be substantially avoided by full
disclosure of the identity and funding of those persons paying
for such advertising.
(5) The United States supreme court held in McConnell et al.
v. Federal Elections Commission, 540 U.S. 93, 124 S.Ct. 619, 157
L.Ed.2d 491 (2003) that speakers seeking to influence elections
do not possess an inviolable free speech right to engage in
electioneering communications regarding elections, including when
issue advocacy is the functional equivalent of express advocacy.
Therefore, such election campaign communications can be regulated
and the source of funding disclosed.
(6) The state also has a sufficiently compelling interest in
preventing corruption in political campaigns to justify and
restore contribution limits and restrictions on the use of soft
money in RCW 42.17.640. Those interests include restoring
restrictions on the use of such funds for electioneering
communications, as well as the laws preventing circumvention of
those limits and restrictions.
[2005 c 445 § 1.]