Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-18 - Political advertising › Section 390-18-050 - Commercial advertisers-Public inspection of records

Current through Register Vol. 24-14, July 15, 2024
(1) "Commercial advertiser" as that term is
			 used in the act and these rules is defined under
			 RCW
			  42.17A.005.
(2) Any person that hosts political
			 advertising or electioneering communications on a digital communication
			 platform or other media is not required to maintain records on such advertising
			 or communications if the services have been purchased directly through another
			 commercial advertiser, however the commercial advertiser that directly sells
			 the services must maintain the information as required in this section. In
			 order to ensure that such commercial advertiser directly makes its books of
			 account available for public inspection, when selling digital media services to
			 be hosted on another platform or other media, the advertiser must include a
			 separate text box or link that automatically appears with the advertisement or
			 communication in a manner that is compatible with the device and technology
			 used to display the advertising, and that reasonably directs the reader to at
			 least one method under subsection (4) of this section for making the required
			 information available. Such methods may include, but are not limited to, an
			 address or location for receiving in-person inquiries, a link to a portal for
			 processing requests, or a link to a website where the required information is
			 maintained.
(3) Pursuant to
			 RCW
			  42.17A.345, each commercial advertiser who
			 has accepted or provided political advertising, or electioneering
			 communications, must maintain current books of account and related materials as
			 required by this section. Information contained in books of account must be
			 updated within 24 hours of the time when an advertisement or communication
			 initially has been publicly distributed or broadcast, and within 24 hours of
			 any update or change to such information. Such records must be maintained for a
			 period of no less than five years after the date of the applicable
			 election.
(4) Until such time as
			 the PDC provides an open access platform on its website for this information,
			 which will replace the following methods of inspection for all required
			 information, such information must be available for public inspection by any
			 person, and provided:
(a) In person during
			 normal business hours; or
(b)
			 Electronically, in machine readable format and structured in a way that enables
			 the data to be fully discoverable and useable by the end user:
(i) By digital transmission, such as email,
			 promptly upon request, but no later than two business days; or
(ii) By online publication in one of the
			 following formats:
(A) On the advertiser's
			 primary website; or
(B) On a
			 website controlled by the advertiser, created for purposes of publishing the
			 information required by this section, if a link is prominently displayed on the
			 advertiser's primary website directing users to the website on which the
			 information is provided.