Attorney General Bob Ferguson PO Box 40177 Olympia, WA 98504
Attorney General Bob Ferguson PO Box 40177 Olympia, WA 98504 RE: Informal opinion on initiative petitions Dear Attorney General Ferguson, I am writing to bring to your attention an urgent matter that I hope elicits your immediate attention. As you probably know, there are several initiative campaigns trying to qualify for the ballot. Their signature drives are already in full swing and petition sheets have already been printed. Some are liberal initiatives, some conservative. All of these initiative campaigns are now in complete disarray because of a bizarre determination in recent days by the Public Disclosure Commission that initiative petitions for the first time are now considered advertisements and therefore must print the top 5 donors on the back of their petition sheets. First of all, at no time did the PDC ask about legislative intent before making the ruling which was handed down by PDC investigator, Lori Anderson in a telephone conversation to one of the campaigns. In my view it is totally inappropriate for the PDC to make this unilateral decision on their own without legal or legislative consultation. There have been no hearings -- legislative hearings for a bill or administrative hearings for a rule -so there has been no opportunity to hear from house and senate members regarding legislative intent of the original legislation or from the public regarding the impact of such a change. It also seems to me to be unfair for the PDC to make such a sudden unilateral policy change in the middle of an initiative cycle because signature campaigns are already in progress.
I met with a PDC commissioner yesterday morning and expressed my displeasure with their unilateral disruptive decision. They seemed to back down from their rule. Then I asked that they write a letter to all initiative campaigns clarifying the situation and that I be copied. (That should have taken all of 20 minutes to write something and electronically notify the campaigns but it has not yet been done.) I am unsure if they will do so. I understand that Secretary Wyman's office had contacted the PDC regarding this issue and expressed concerns. I am asking for an expedited determination -- an informal decision-- as to whether an initiative is an advertisement or not. As chair of the Governmental Operations and Security Committee that oversees our election law, I believe that initiative petitions are not advertisements and therefore not subject to the 5 donor requirement. (How ridiculous anyway? In an initiative top donors will change throughout the months of the campaign. Put something down in and January it will likely be different in February and June! This PDC would rule the campaigns out of compliance!) Please let me know if there's
anything I can do to help facilitate your review. As you know, the initiative process is a treasured right that is cherished by the citizens and used by political activists across the political spectrum. The people's right to initiative and their right to sign petitions they support needs to be zealously protected from such bureaucratic interference. Sincerely, Sen. Pam Roach Chair of the Senate Government Operations and Security Committee, [email protected]; [email protected]; office #: 360-786-7660, cell: 206-7431029 Here are the RCW's which the PDC is claiming gives them justification for this bizarre decision: RCW 42.17A.005 -- http://app.leg.wa.gov/RCW/default.aspx?cite=42.17A.005 (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 before its circulation for signatures. and ... (36) "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.
RCW 42.17A.320 -- Identification of sponsor— Exemptions. http://app.leg.wa.gov/RCW/default.aspx?cite=42.17A.320
Political advertising costing one thousand dollars or more supporting or opposing ballot measures sponsored by a political committee must include the (6)
information on the "Top Five Contributors" consistent with subsections (2), (4), and (5) of this section. A series of political advertising sponsored by the same political committee, each of which is under one thousand dollars, must include the "Top Five Contributors" information required by this section once their cumulative value reaches one thousand dollars or more.
Bob, for the purposes of your review, it's important to note that the signing of an initiative petition by a voter does not mean they support or oppose the ballot measure -- it only means they deem the initiative ballot worthy and want the chance to vote on it.
Cheryl Marshall Sr. Legislative Assistant to
Senator Pam Roach President Pro Tempore
112 Newhouse Building P.O. Box 40431 Olympia, WA 98504 360-786-7660 Toll free legislative hotline 1-800-562-6000
Visit Senator Roach's website
I met with a PDC commissioner yesterday morning and expressed my displeasure with their unilateral disruptive decision. They seemed to back down from their rule. Then I asked that they write a letter to all initiative campaigns clarifying the situation and that I be copied. (That should have taken all of 20 minutes to write something and electronically notify the campaigns but it has not yet been done.) I am unsure if they will do so. I understand that Secretary Wyman's office had contacted the PDC regarding this issue and expressed concerns. I am asking for an expedited determination -- an informal decision-- as to whether an initiative is an advertisement or not. As chair of the Governmental Operations and Security Committee that oversees our election law, I believe that initiative petitions are not advertisements and therefore not subject to the 5 donor requirement. (How ridiculous anyway? In an initiative top donors will change throughout the months of the campaign. Put something down in and January it will likely be different in February and June! This PDC would rule the campaigns out of compliance!) Please let me know if there's
anything I can do to help facilitate your review. As you know, the initiative process is a treasured right that is cherished by the citizens and used by political activists across the political spectrum. The people's right to initiative and their right to sign petitions they support needs to be zealously protected from such bureaucratic interference. Sincerely, Sen. Pam Roach Chair of the Senate Government Operations and Security Committee, [email protected]; [email protected]; office #: 360-786-7660, cell: 206-7431029 Here are the RCW's which the PDC is claiming gives them justification for this bizarre decision: RCW 42.17A.005 -- http://app.leg.wa.gov/RCW/default.aspx?cite=42.17A.005 (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 before its circulation for signatures. and ... (36) "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.
RCW 42.17A.320 -- Identification of sponsor— Exemptions. http://app.leg.wa.gov/RCW/default.aspx?cite=42.17A.320
Political advertising costing one thousand dollars or more supporting or opposing ballot measures sponsored by a political committee must include the (6)
information on the "Top Five Contributors" consistent with subsections (2), (4), and (5) of this section. A series of political advertising sponsored by the same political committee, each of which is under one thousand dollars, must include the "Top Five Contributors" information required by this section once their cumulative value reaches one thousand dollars or more.
Bob, for the purposes of your review, it's important to note that the signing of an initiative petition by a voter does not mean they support or oppose the ballot measure -- it only means they deem the initiative ballot worthy and want the chance to vote on it.
Cheryl Marshall Sr. Legislative Assistant to
Senator Pam Roach President Pro Tempore
112 Newhouse Building P.O. Box 40431 Olympia, WA 98504 360-786-7660 Toll free legislative hotline 1-800-562-6000
Visit Senator Roach's website
