What does it apply to?
Washington amended its existing political advertising laws to include online political advertising. (Wash. Rev. Code §§ 42.17A.005(21)(a), 42.17A.005(29)(a), 42.17A.005(39) (Washington State Legislature, Revised Code of Washington through Sept. 4, 2019)). The law applies to three, separately defined categories of advertising: political advertising, electioneering communications, and independent expenditures. (§ 42.17A.320).
What are the disclaimer requirements?
Written political advertising must state the name and address of who paid for the advertising. (§ 42.17A.320(1)). Radio and television political advertising must state the purchaser’s name. (§ 42.17A.320(1)). Political advertising or a series of political advertising paid for by a political committee, supporting or opposing a ballot measure, and costing at least $1,000 must also state the committee’s “top five contributors and top three contributors, other than political committees,” to contributors that are PACs. (§§ 42.17A.320(6), 42.17A.350).
Political advertising that is also an electioneering communication or an independent expenditure paid for by someone other than a political party must meet additional disclosure requirements. (§ 42.17A.320(2)).
First, it must state “No candidate authorized this ad. It is paid for by” and include the name and address of the purchaser. (§ 42.17A.320(2)(a)).
Second, if paid for a political committee, it must state the person or entity that established, controls, or maintains the committee. (§ 42.17A.320(2)(c)).
Third, if paid for by a political committee, it must state the committee’s “Top Five Contributors” and, if applicable, the “Top Three Donors to PAC Contributors.” (§§ 42.17A.320(2)(b), 42.17A.350(1)-(2)).
Political advertising that is also an electioneering communication or independent expenditure and contains a visual image must clearly speak or show the statement “No candidate authorized this ad. Paid for by (name, city, state).” (§ 42.17A.320(4)) Organizations other than party organizations must also list the “Top Five Contributors” and “Top Three Donors to PAC Contributors.” (§§ 42.17A.320(4), 42.17A.350(1)-(2)).
Political advertising that is also an electioneering communication or independent expenditure and does not include a visual image and is instead an audio advertisement, must state “No candidate authorized this ad. Paid for by (name, city, state). (§ 42.17A.320(5)). Organizations other than party organizations must also list the “Top Five Contributors” and “Top Three Donors to PAC Contributors.” (§§ 42.17A.320(5), 42.17A.350(1)-(2)).
Parties purchasing political advertising, electioneering communications, or independent expenditures may not use an assumed name to fulfill these disclaimer requirements. (§ 42.17A.320(1)).
Where a candidate for a partisan office has affiliated themselves with a political party or independent status in a declaration of candidacy, political advertising, electioneering communications, and independent expenditures must note that affiliation. (§ 42.17A.320(1)).
What responsibilities do platforms have?
Commercial advertisers that accept political advertising and electioneering communications must maintain publicly accessible records about those advertisements for five years. (§ 42.17A.345(1)). However, there is no requirement that these records be available online. (§ 42.17A.345). These records must include the name and address of those who paid for the ads, the “nature and extent” of the commercial advertisers’ services, and the cost of those services. (§ 42.17A.345(1)). Commercial advertisers must also provide these records to the Washington State Public Disclosure Commission upon request. (§ 42.17A.345(2)).
Have platforms placed any restrictions on ads from this state?
Currently, Google will not accept ads about ballot measures or state or local candidates in Washington. Additionally, Facebook will not run ads about related to ballot measures or state and local candidates in Washington. Visit our platform policies page for more information about platform policies related to political advertising.
Definitions for Washington:
Political advertising is any message that intends to garner votes, support, or opposition in an electoral campaign and that is distributed using a mass communication method, including digital communication. (§ 42.17A.005(39)).
Independent expenditures are payments for political advertising that supports or opposes a clearly identified candidate; is made by someone who is not a candidate, candidate committee, or person who has received the candidate’s approval; is made without collaboration with the candidate; and costs at least $1,000. (§ 42.17A.005(29)(a)).
Electioneering communications are communications, including digital communications, that meet three requirements. (§ 42.17A.005(21)(a)). First, electioneering communications clearly identify a candidate with or without using the candidate’s name. (§ 42.17A.005(21)(a)(i)). Second, electioneering communications are disseminated “in the jurisdiction in which the candidate is seeking election” within 60 days of the election. (§ 42.17A.005(21)(a)(ii)). Third, electioneering communications cost at least $1,000. (§ 42.17A.005(21)(a)(iii)). However, electioneering communications do not include “advertising of a business owned by a candidate”; advertising for debates or forums featuring at least two candidates; news or editorial coverage; advertising for books, films, or similar works written by or about a candidate; public service announcements; internal communications “limited to the members of or contributors to a political party organization or political or incidental 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;” or expenditures made by or contributions given to candidate committees. (§ 42.17A.005(21)(b)).
A commercial advertiser is anyone that sells advertising space, including paid internet or digital communications, to the public. (§ 42.17A.005(10)).