State v. Evergreen Freedom Foundation

In State v. Evergreen Freedom Foundation, the Washington Supreme Court holds independent expenditure reporting requirements in Washington’s Fair Campaign Practices Act apply to “expenditures [made] prior to signature gathering, regardless of when they are gathered, but only if the measure is actually filed with an election official.” There, Evergreen Freedom Foundation created sample ordinances and local ballot propositions to advance its policies before city councils. Using the forms, local proponents submitted proposed measures to election officers in the cities of Sequim, Chelan and Shelton, along with supporting signatures. None of the cities passed the measures as ordinances or placed them on the ballot. The proponents sued, the Foundation’s attorneys represented them, and they lost. But that did not end the matter. The Washington Attorney General received a citizens’ complaint alleging the Foundation failed to report as independent expenditures the value of the legal services it provided. After investigation, the Attorney General brought this enforcement action.

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