Washington PDC adopts permanent rule allowing ballot propositions on slate cards, extends emergency rule to March 20

The Washington State Public Disclosure Commission voted Feb. 12 to make permanent a rule that allows political parties and political committees to include ballot propositions on slate cards, and separately extended the existing emergency rule until March 20, 2026 to avoid a brief lapse between an emergency and permanent rule.

General counsel Sean Flynn opened the public hearing on the slate-card proposal and said the permanent rule would codify an emergency change used during last year’s election cycle. "If you were to adopt the permanent rules today, [they] could have an effective date as early as tomorrow," Flynn said, explaining the agency’s options for timing the rule’s effective date. Flynn added staff had solicited written comments and reached out to both major parties during the petition process.

Public comment included support from Connor Edwards, who told the commission, "I do support the passage of this rule. I think it makes a lot of sense to give this exemption to speech and mailers and political communications that deal with initiatives." After the hearing, a commissioner moved to adopt the permanent rule with an initial proposed effective date; the commission recorded the vote and the chair announced the rule "passes unanimously."

Later in the meeting, counsel advised the commission that adopting an immediate effective date could raise procedural issues with the code reviser unless limited grounds are documented. Counsel and staff outlined two options: extend the emergency rule until the permanent rule becomes effective, or adopt the permanent rule in the ordinary course and accept a short gap. The commission reopened the hearing, moved to adopt the provision to take effect in the ordinary course under state law, and recorded the motion as carrying 3–0. The commission then voted to extend the emergency rule until March 20, 2026, to ensure there is no period in which neither rule applies.

The permanent rule as described treats inclusion of ballot propositions on slate cards as subject to slate-card rules; Flynn warned that including a proposition on a slate card with individual candidates could change attribution and contribution-limit treatment depending on how the slate card is composed. The commission directed staff to file amendments as needed and to set the filing timing to align with the March 20 extension.

The commission’s actions close the rulemaking record for this proposal; the permanent rule will become effective according to the timetable the commission and staff finalize with the code reviser and filing paperwork.