Revised Code of Washington

Wash. Rev. Code § 42.17A.255 (2026)

✓ current as of May 2026

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(1) For the purposes of this section the term "independent expenditure" means any expenditure that is made in support of or in opposition to any candidate or ballot proposition and is not otherwise required to be reported pursuant to RCW 42.17A.225, 42.17A.235, and 42.17A.240. "Independent expenditure" does not include: An internal political communication primarily limited to the contributors to a political party organization or political action committee, or the officers, management staff, and stockholders of a corporation or similar enterprise, or the members of a labor organization or other membership organization; or 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.

(2) Within five days after the date of making an independent expenditure that by itself or when added to all other such independent expenditures made during the same election campaign by the same person equals one hundred dollars or more, or within five days after the date of making an independent expenditure for which no reasonable estimate of monetary value is practicable, whichever occurs first, the person who made the independent expenditure shall file with the commission an initial report of all independent expenditures made during the campaign prior to and including such date.

(3) At the following intervals each person who is required to file an initial report pursuant to subsection (2) of this section shall file with the commission a further report of the independent expenditures made since the date of the last report:

(a) On the twenty-first day and the seventh day preceding the date on which the election is held; and

(b) On the tenth day of the first month after the election; and

(c) On the tenth day of each month in which no other reports are required to be filed pursuant to this section. However, the further reports required by this subsection (3) shall only be filed if the reporting person has made an independent expenditure since the date of the last previous report filed.

The report filed pursuant to (a) of this subsection (3) shall be the final report, and upon submitting such final report the duties of the reporting person shall cease, and there shall be no obligation to make any further reports.

(4) All reports filed pursuant to this section shall be certified as correct by the reporting person.

(5) Each report required by subsections (2) and (3) of this section shall disclose for the period beginning at the end of the period for the last previous report filed or, in the case of an initial report, beginning at the time of the first independent expenditure, and ending not more than one business day before the date the report is due:

(a) The name, address, and electronic contact information of the person filing the report;

(b) The name and address of each person to whom an independent expenditure was made in the aggregate amount of more than fifty dollars, and the amount, date, and purpose of each such expenditure. If no reasonable estimate of the monetary value of a particular independent expenditure is practicable, it is sufficient to report instead a precise description of services, property, or rights furnished through the expenditure and where appropriate to attach a copy of the item produced or distributed by the expenditure;

(d) A statement from the person making an independent expenditure that:

(i) The expenditure is not financed in any part by a foreign national; and

(ii) Foreign nationals are not involved in making decisions regarding the expenditure in any way; and

(e) Such other information as shall be required by the commission by rule in conformance with the policies and purposes of this chapter.

[ 2020 c 152 s 5; 2019 c 428 s 22; 2011 c 60 s 24; 2010 c 205 s 7; 1995 c 397 s 28; 1989 c 280 s 10; 1985 c 367 s 6; 1982 c 147 s 9; 1975-'76 2nd ex.s. c 112 s 4; 1973 c 1 s 10 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.100.]

Notes:

Findings—2020 c 152: See note following RCW 42.17A.417.

Effective date—Finding—Intent—2019 c 428: See notes following RCW 42.17A.160.

Effective date—1989 c 280: See note following RCW 42.17A.005.

Notes of Decisions

Cited in 5 cases, 2014–2019 · leading case: State v. Evergreen Freedom Found., 432 P.3d 805 (Wash. 2019).

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State v. Evergreen Freedom Found., 432 P.3d 805 (Wash. 2019). · cites it 42× “For the reasons explained below, we hold 'The FCPA was amended twice in the recent legislative session. Laws of 2018, chapter 111 does not take effect until January 1, 2019.”

State v. Econ. Dev. Bd. for Tacoma-Pierce Cnty., 441 P.3d 1269 (Wash. Ct. App. 2019). · cites it 28× “¶2 The State argues that the defendants' legal expenditures spent to block the Save Tacoma Water (STW) ballot propositions were "independent expenditures" as defined in RCW 42.17A.255, that the Port improperly used public funds to oppose the STW ballot proposition under RCW 42.”

Gordon Just., Jr. v. Delbert Hosemann, et, 771 F.3d 285 (5th Cir. 2014). “105(C)(2)(b) (requiring individuals who expend more than $100 on a ballot initiatives to file an expenditure report); Wash. Rev.Code Ann. § 42.17A.255(2) (requiring individuals who expend more than $100 on a candidate or ballot initiatives to file an expenditure report); Mass.”

State Of Washington, V Econ. Dev. Bd. Of Tacoma (Wash. Ct. App. 2019). · cites it 27× “The defendants argue that the State’s interpretation of RCW 42.17A.255 is erroneous and that it violates the First Amendment and renders the statute void for vagueness.”

State Of Washington v. Evergreen Freedom Found. (Wash. Ct. App. 2017). · cites it 23× “The complaint alleged that RCW 42.17A.255 required the Foundation to report to the PDC the legal services provided by its staff in support of the initiatives.”

— Wash. Rev. Code § 42.17A.255(1) — 4 cases

State v. Evergreen Freedom Found., 432 P.3d 805 (Wash. 2019). “For the reasons explained below, we hold 'The FCPA was amended twice in the recent legislative session. Laws of 2018, chapter 111 does not take effect until January 1, 2019.”

State v. Econ. Dev. Bd. for Tacoma-Pierce Cnty., 441 P.3d 1269 (Wash. Ct. App. 2019). “¶2 The State argues that the defendants' legal expenditures spent to block the Save Tacoma Water (STW) ballot propositions were "independent expenditures" as defined in RCW 42.17A.255, that the Port improperly used public funds to oppose the STW ballot proposition under RCW 42.”

State Of Washington v. Evergreen Freedom Found. (Wash. Ct. App. 2017). “The complaint alleged that RCW 42.17A.255 required the Foundation to report to the PDC the legal services provided by its staff in support of the initiatives.”

State Of Washington, V Econ. Dev. Bd. Of Tacoma (Wash. Ct. App. 2019). “The defendants argue that the State’s interpretation of RCW 42.17A.255 is erroneous and that it violates the First Amendment and renders the statute void for vagueness.”

— Wash. Rev. Code § 42.17A.255(2) — 5 cases

— Wash. Rev. Code § 42.17A.255(3) — 1 case

— Wash. Rev. Code § 42.17A.255(5) — 1 case

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