Foreign nationals/elections

AN ACT Relating to foreign national participation in Washington 1
state elections; amending RCW 29B.25.100, 29B.25.110, 29B.25.120, 2
29B.25.130, 29B.25.140, and 29B.30.020; repealing RCW 29B.10.250, 3
29B.40.050, and 29B.40.060; and repealing 2020 c 152 ss 1 and 11 4
(uncodified). 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 29B.25.100 and 2024 c 164 s 427 are each amended to 7
read as follows: 8
Each report required under RCW 29B.25.090 (1) through (4) must be 9
certified as correct by the treasurer and the candidate and shall 10
disclose the following, except an incidental committee only must 11
disclose and certify as correct the information required under 12
subsections (2)(d) and (((7))) (6) of this section:13
(1) The funds on hand at the beginning of the period;14
(2) The name and address of each person who has made one or more 15
contributions during the period, together with the money value and 16
date of each contribution and the aggregate value of all 17
contributions received from each person during the campaign, or in 18
the case of a continuing political committee, the current calendar 19
year, with the following exceptions: 20
H-2494.1
HOUSE BILL 2123
State of Washington 69th Legislature 2026 Regular Session
By Representatives Fitzgibbon, Corry, Wylie, Gregerson, Ormsby,
Reeves, and Pollet
Prefiled 12/10/25. Read first time 01/12/26. Referred to Committee
on State Government & Tribal Relations.
p. 1 HB 2123
(a) Pledges in the aggregate of less than one hundred dollars 1
from any one person need not be reported; 2
(b) Income that results from a fund-raising activity conducted in 3
accordance with RCW 29B.25.080 may be reported as one lump sum, with 4
the exception of that portion received from persons whose names and 5
addresses are required to be included in the report required by RCW 6
29B.25.080; 7
(c) Contributions of no more than twenty-five dollars in the 8
aggregate from any one person during the election campaign may be 9
reported as one lump sum if the treasurer maintains a separate and 10
private list of the name, address, and amount of each such 11
contributor; 12
(d) Payments received by an incidental committee from any one 13
person need not be reported unless the person is one of the 14
committee's 10 largest sources of payments received, including any 15
persons tied as the 10th largest source of payments received, during 16
the current calendar year, and the value of the cumulative payments 17
received from that person during the current calendar year is ten 18
thousand dollars or greater. For payments to incidental committees 19
from multiple persons received in aggregated form, any payment of 20
more than ten thousand dollars from any single person must be 21
reported, but the aggregated payment itself may not be reported. The 22
commission may suspend or modify reporting requirements for payments 23
received by an incidental committee in cases of manifestly 24
unreasonable hardship under this title; 25
(e) Payments from private foundations organized under section 26
501(c)(3) of the internal revenue code to an incidental committee do 27
not have to be reported if: 28
(i) The private foundation is contracting with the incidental 29
committee for a specific purpose other than election campaign 30
purposes; 31
(ii) Use of the funds for election campaign purposes is 32
explicitly prohibited by contract; and 33
(iii) Funding from the private foundation represents less than 25 34
percent of the incidental committee's total budget;35
(f) Commentary or analysis on a ballot proposition by an 36
incidental committee is not considered a contribution if it does not 37
advocate specifically to vote for or against the ballot proposition; 38
and 39
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(g) The money value of contributions of postage is the face value 1
of the postage; 2
(3) Each loan, promissory note, or security instrument to be used 3
by or for the benefit of the candidate or political committee made by 4
any person, including the names and addresses of the lender and each 5
person liable directly, indirectly or contingently and the date and 6
amount of each such loan, promissory note, or security instrument;7
(4) All other contributions not otherwise listed or exempted;8
(5) ((A statement that the candidate or political committee has 9
received a certification from any partnership, association, 10
corporation, organization, or other combination of persons making a 11
contribution to the candidate or political committee that:12
(a) The contribution is not financed in any part by a foreign 13
national; and14
(b) Foreign nationals are not involved in making decisions 15
regarding the contribution in any way;16
(6))) The name and address of each candidate or political 17
committee to which any transfer of funds was made, including the 18
amounts and dates of the transfers; 19
(((7))) (6) The name and address of each person to whom an 20
expenditure was made in the aggregate amount of more than fifty 21
dollars during the period covered by this report, the amount, date, 22
and purpose of each expenditure, and the total sum of all 23
expenditures. An incidental committee only must report on 24
expenditures, made and reportable as contributions as defined in RCW 25
29B.10.160, to election campaigns. For purposes of this subsection, 26
commentary or analysis on a ballot proposition by an incidental 27
committee is not considered an expenditure if it does not advocate 28
specifically to vote for or against the ballot proposition;29
(((8))) (7) The name, address, and electronic contact information 30
of each person to whom an expenditure was made for soliciting or 31
procuring signatures on an initiative or referendum petition, the 32
amount of the compensation to each person, and the total expenditures 33
made for this purpose. Such expenditures shall be reported under this 34
subsection in addition to what is required to be reported under 35
subsection (((7))) (6) of this section; 36
(((9))) (8)(a) The name and address of any person and the amount 37
owed for any debt with a value of more than seven hundred fifty 38
dollars that has not been paid for any invoices submitted, goods 39
received, or services performed, within five business days during the 40
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period within 30 days before an election, or within 10 business days 1
during any other period. 2
(b) For purposes of this subsection, debt does not include 3
regularly recurring expenditures of the same amount that have already 4
been reported at least once and that are not late or outstanding;5
(((10))) (9) The surplus or deficit of contributions over 6
expenditures; 7
(((11))) (10) The disposition made in accordance with RCW 8
29B.40.090 of any surplus funds; and 9
(((12))) (11) Any other information required by the commission by 10
rule in conformance with the policies and purposes of this title.11
Sec. 2. RCW 29B.25.110 and 2024 c 164 s 428 are each amended to 12
read as follows: 13
(1) An out-of-state political committee organized for the purpose 14
of supporting or opposing candidates or ballot propositions in 15
another state that is not otherwise required to report under RCW 16
29B.25.020 through 29B.25.100 shall report as required in this 17
section when it makes an expenditure supporting or opposing a 18
Washington state candidate or political committee. The committee 19
shall file with the commission a statement disclosing:20
(a) Its name and address; 21
(b) The purposes of the out-of-state committee;22
(c) The names, addresses, and titles of its officers or, if it 23
has no officers, the names, addresses, and the titles of its 24
responsible leaders; 25
(d) The name, office sought, and party affiliation of each 26
candidate in the state of Washington whom the out-of-state committee 27
is supporting or opposing and, if the committee is supporting or 28
opposing the entire ticket of any party, the name of the party;29
(e) The ballot proposition supported or opposed in the state of 30
Washington, if any, and whether the committee is in favor of or 31
opposed to that proposition; 32
(f) The name and address of each person residing in the state of 33
Washington or corporation that has a place of business in the state 34
of Washington who has made one or more contributions in the aggregate 35
of more than twenty-five dollars to the out-of-state committee during 36
the current calendar year, together with the money value and date of 37
the contributions; 38
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(g) The name, address, and employer of each person or corporation 1
residing outside the state of Washington who has made one or more 2
contributions in the aggregate of more than two thousand five hundred 3
fifty dollars to the out-of-state committee during the current 4
calendar year, together with the money value and date of the 5
contributions. Annually, the commission must modify the two thousand 6
five hundred fifty dollar limit in this subsection based on 7
percentage change in the implicit price deflator for personal 8
consumption expenditures for the United States as published for the 9
most recent 12-month period by the bureau of economic analysis of the 10
federal department of commerce; 11
(h) The name and address of each person in the state of 12
Washington to whom an expenditure was made by the out-of-state 13
committee with respect to a candidate or political committee in the 14
aggregate amount of more than fifty dollars, the amount, date, and 15
purpose of the expenditure, and the total sum of the expenditures; 16
and17
(i) ((A statement that the out-of-state committee has received a 18
certification from any partnership, association, corporation, 19
organization, or other combination of persons making a contribution 20
reportable under this section that:21
(i) The contribution is not financed in any part by a foreign 22
national; and23
(ii) Foreign nationals are not involved in making decisions 24
regarding the contribution in any way; and25
(j))) Any other information as the commission may prescribe by 26
rule in keeping with the policies and purposes of this title.27
(2) Each statement shall be filed no later than the 10th day of 28
the month following any month in which a contribution or other 29
expenditure reportable under subsection (1) of this section is made. 30
An out-of-state committee incurring an obligation to file additional 31
statements in a calendar year may satisfy the obligation by timely 32
filing reports that supplement previously filed information.33
Sec. 3. RCW 29B.25.120 and 2024 c 164 s 429 are each amended to 34
read as follows: 35
(1) For the purposes of this section the term "independent 36
expenditure" means any expenditure that is made in support of or in 37
opposition to any candidate or ballot proposition and is not 38
otherwise required to be reported pursuant to RCW 29B.25.070, 39
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29B.25.090, and 29B.25.100. "Independent expenditure" does not 1
include: An internal political communication primarily limited to the 2
contributors to a political party organization or political action 3
committee, or the officers, management staff, and stockholders of a 4
corporation or similar enterprise, or the members of a labor 5
organization or other membership organization; or the rendering of 6
personal services of the sort commonly performed by volunteer 7
campaign workers, or incidental expenses personally incurred by 8
volunteer campaign workers not in excess of fifty dollars personally 9
paid for by the worker. "Volunteer services," for the purposes of 10
this section, means services or labor for which the individual is not 11
compensated by any person. 12
(2) Within five days after the date of making an independent 13
expenditure that by itself or when added to all other such 14
independent expenditures made during the same election campaign by 15
the same person equals one hundred dollars or more, or within five 16
days after the date of making an independent expenditure for which no 17
reasonable estimate of monetary value is practicable, whichever 18
occurs first, the person who made the independent expenditure shall 19
file with the commission an initial report of all independent 20
expenditures made during the campaign prior to and including such 21
date. 22
(3) At the following intervals each person who is required to 23
file an initial report pursuant to subsection (2) of this section 24
shall file with the commission a further report of the independent 25
expenditures made since the date of the last report:26
(a) On the 21st day and the seventh day preceding the date on 27
which the election is held; and 28
(b) On the 10th day of the first month after the election; and29
(c) On the 10th day of each month in which no other reports are 30
required to be filed pursuant to this section. However, the further 31
reports required by this subsection (3) shall only be filed if the 32
reporting person has made an independent expenditure since the date 33
of the last previous report filed. 34
The report filed pursuant to (a) of this subsection (3) shall be 35
the final report, and upon submitting such final report the duties of 36
the reporting person shall cease, and there shall be no obligation to 37
make any further reports. 38
(4) All reports filed pursuant to this section shall be certified 39
as correct by the reporting person. 40
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(5) Each report required by subsections (2) and (3) of this 1
section shall disclose for the period beginning at the end of the 2
period for the last previous report filed or, in the case of an 3
initial report, beginning at the time of the first independent 4
expenditure, and ending not more than one business day before the 5
date the report is due: 6
(a) The name, address, and electronic contact information of the 7
person filing the report; 8
(b) The name and address of each person to whom an independent 9
expenditure was made in the aggregate amount of more than fifty 10
dollars, and the amount, date, and purpose of each such expenditure. 11
If no reasonable estimate of the monetary value of a particular 12
independent expenditure is practicable, it is sufficient to report 13
instead a precise description of services, property, or rights 14
furnished through the expenditure and where appropriate to attach a 15
copy of the item produced or distributed by the expenditure;16
(c) The total sum of all independent expenditures made during the 17
campaign to date; and18
(d) ((A statement from the person making an independent 19
expenditure that:20
(i) The expenditure is not financed in any part by a foreign 21
national; and22
(ii) Foreign nationals are not involved in making decisions 23
regarding the expenditure in any way; and24
(e))) Such other information as shall be required by the 25
commission by rule in conformance with the policies and purposes of 26
this title. 27
Sec. 4. RCW 29B.25.130 and 2024 c 164 s 430 are each amended to 28
read as follows: 29
(1) The sponsor of political advertising shall file a special 30
report to the commission within 24 hours of, or on the first working 31
day after, the date the political advertising is first published, 32
mailed, or otherwise presented to the public, if the political 33
advertising: 34
(a) Is published, mailed, or otherwise presented to the public 35
within 21 days of an election; and 36
(b) Either: 37
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(i) Qualifies as an independent expenditure with a fair market 1
value or actual cost of one thousand dollars or more, for political 2
advertising supporting or opposing a candidate; or 3
(ii) Has a fair market value or actual cost of one thousand 4
dollars or more, for political advertising supporting or opposing a 5
ballot proposition. 6
(2) If a sponsor is required to file a special report under this 7
section, the sponsor shall also deliver to the commission within the 8
delivery period established in subsection (1) of this section a 9
special report for each subsequent independent expenditure of any 10
size supporting or opposing the same candidate who was the subject of 11
the previous independent expenditure, supporting or opposing that 12
candidate's opponent, or, in the case of a subsequent expenditure of 13
any size made in support of or in opposition to a ballot proposition 14
not otherwise required to be reported pursuant to RCW 29B.25.070, 15
29B.25.090, or 29B.25.100, supporting or opposing the same ballot 16
proposition that was the subject of the previous expenditure.17
(3) The special report must include: 18
(a) The name and address of the person making the expenditure;19
(b) The name and address of the person to whom the expenditure 20
was made; 21
(c) A detailed description of the expenditure;22
(d) The date the expenditure was made and the date the political 23
advertising was first published or otherwise presented to the public;24
(e) The amount of the expenditure; 25
(f) The name of the candidate supported or opposed by the 26
expenditure, the office being sought by the candidate, and whether 27
the expenditure supports or opposes the candidate; or the name of the 28
ballot proposition supported or opposed by the expenditure and 29
whether the expenditure supports or opposes the ballot proposition; 30
and31
(g) ((A statement from the sponsor that:32
(i) The political advertising is not financed in any part by a 33
foreign national; and34
(ii) Foreign nationals are not involved in making decisions 35
regarding the political advertising in any way; and36
(h))) Any other information the commission may require by rule.37
(4) All persons required to report under RCW 29B.25.070, 38
29B.25.090, 29B.25.100, 29B.25.120, and 29B.30.020 are subject to the 39
requirements of this section. The commission may determine that 40
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reports filed pursuant to this section also satisfy the requirements 1
of RCW 29B.25.120. 2
(5) The sponsor of independent expenditures supporting a 3
candidate or opposing that candidate's opponent required to report 4
under this section shall file with each required report an affidavit 5
or declaration of the person responsible for making the independent 6
expenditure that the expenditure was not made in cooperation, 7
consultation, or concert with, or at the request or suggestion of, 8
the candidate, the candidate's authorized committee, or the 9
candidate's agent, or with the encouragement or approval of the 10
candidate, the candidate's authorized committee, or the candidate's 11
agent. 12
Sec. 5. RCW 29B.25.140 and 2024 c 164 s 431 are each amended to 13
read as follows: 14
(1) Treasurers shall prepare and deliver to the commission a 15
special report when a contribution or aggregate of contributions 16
totals one thousand dollars or more, is from a single person or 17
entity, and is received during a special reporting period.18
(2) A political committee shall prepare and deliver to the 19
commission a special report when it makes a contribution or an 20
aggregate of contributions to a single entity that totals one 21
thousand dollars or more during a special reporting period.22
(3) An aggregate of contributions includes only those 23
contributions made to or received from a single entity during any one 24
special reporting period. Any subsequent contribution of any size 25
made to or received from the same person or entity during the special 26
reporting period must also be reported. 27
(4) Special reporting periods, for purposes of this section, 28
include: 29
(a) The period beginning on the day after the last report 30
required by RCW 29B.25.090 and 29B.25.100 to be filed before a 31
primary and concluding on the end of the day before that primary;32
(b) The period 21 days preceding a general election; and33
(c) An aggregate of contributions includes only those 34
contributions received from a single entity during any one special 35
reporting period or made by the contributing political committee to a 36
single entity during any one special reporting period.37
(5) If a campaign treasurer files a special report under this 38
section for one or more contributions received from a single entity 39
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during a special reporting period, the treasurer shall also file a 1
special report under this section for each subsequent contribution of 2
any size which is received from that entity during the special 3
reporting period. If a political committee files a special report 4
under this section for a contribution or contributions made to a 5
single entity during a special reporting period, the political 6
committee shall also file a special report for each subsequent 7
contribution of any size which is made to that entity during the 8
special reporting period. 9
(6) Special reports required by this section shall be delivered 10
electronically, or in written form if an electronic alternative is 11
not available. 12
(a) The special report required of a contribution recipient under 13
subsection (1) of this section shall be delivered to the commission 14
within 48 hours of the time, or on the first working day after: The 15
contribution of one thousand dollars or more is received by the 16
candidate or treasurer; the aggregate received by the candidate or 17
treasurer first equals one thousand dollars or more; or any 18
subsequent contribution from the same source is received by the 19
candidate or treasurer. 20
(b) The special report required of a contributor under subsection 21
(2) of this section or RCW 29B.50.070 shall be delivered to the 22
commission, and the candidate or political committee to whom the 23
contribution or contributions are made, within 24 hours of the time, 24
or on the first working day after: The contribution is made; the 25
aggregate of contributions made first equals one thousand dollars or 26
more; or any subsequent contribution to the same person or entity is 27
made. 28
(7) The special report shall include: 29
(a) The amount of the contribution or contributions;30
(b) The date or dates of receipt; 31
(c) The name and address of the donor; 32
(d) The name and address of the recipient; and33
(e) ((A statement that the candidate or political committee has 34
received a certification from any partnership, association, 35
corporation, organization, or other combination of persons making a 36
contribution reportable under this section that:37
(i) The contribution is not financed in any part by a foreign 38
national; and39
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(ii) Foreign nationals are not involved in making decisions 1
regarding the contribution in any way; and2
(f))) Any other information the commission may by rule require.3
(8) Contributions reported under this section shall also be 4
reported as required by other provisions of this title.5
(9) The commission shall prepare daily a summary of the special 6
reports made under this section and RCW 29B.50.070.7
(10) Contributions governed by this section include, but are not 8
limited to, contributions made or received indirectly through a third 9
party or entity whether the contributions are or are not reported to 10
the commission as earmarked contributions under RCW 29B.25.150.11
Sec. 6. RCW 29B.30.020 and 2024 c 164 s 434 are each amended to 12
read as follows: 13
(1) A payment for or promise to pay for any electioneering 14
communication shall be reported to the commission by the sponsor on 15
forms the commission shall develop by rule to include, at a minimum, 16
the following information: 17
(a) Name and address of the sponsor; 18
(b) Source of funds for the communication, including:19
(i) General treasury funds. The name and address of businesses, 20
unions, groups, associations, or other organizations using general 21
treasury funds for the communication, however, if a business, union, 22
group, association, or other organization undertakes a special 23
solicitation of its members or other persons for an electioneering 24
communication, or it otherwise receives funds for an electioneering 25
communication, that entity shall report pursuant to (b)(ii) of this 26
subsection; 27
(ii) Special solicitations and other funds. The name, address, 28
and, for individuals, occupation and employer, of a person whose 29
funds were used to pay for the electioneering communication, along 30
with the amount, if such funds from the person have exceeded two 31
hundred fifty dollars in the aggregate for the electioneering 32
communication; and33
(iii) ((A statement from the sponsor that:34
(A) The electioneering communication is not financed in any part 35
by a foreign national; and36
(B) Foreign nationals are not involved in making decisions 37
regarding the electioneering communication in any way; and38
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(iv))) Any other source information required or exempted by the 1
commission by rule; 2
(c) Name and address of the person to whom an electioneering 3
communication related expenditure was made; 4
(d) A detailed description of each expenditure of more than one 5
hundred dollars; 6
(e) The date the expenditure was made and the date the 7
electioneering communication was first broadcast, transmitted, 8
mailed, erected, distributed, or otherwise published;9
(f) The amount of the expenditure; 10
(g) The name of each candidate clearly identified in the 11
electioneering communication, the office being sought by each 12
candidate, and the amount of the expenditure attributable to each 13
candidate; and 14
(h) Any other information the commission may require or exempt by 15
rule. 16
(2) Electioneering communications shall be reported as follows: 17
The sponsor of an electioneering communication shall report to the 18
commission within 24 hours of, or on the first working day after, the 19
date the electioneering communication is broadcast, transmitted, 20
mailed, erected, distributed, digitally or otherwise, or otherwise 21
published. 22
(3) Electioneering communications shall be reported 23
electronically by the sponsor using software provided or approved by 24
the commission. The commission may make exceptions on a case-by-case 25
basis for a sponsor who lacks the technological ability to file 26
reports using the electronic means provided or approved by the 27
commission. 28
(4) All persons required to report under RCW 29B.25.070, 29
29B.25.090, 29B.25.100, and 29B.25.120 are subject to the 30
requirements of this section, although the commission may determine 31
by rule that persons filing according to those sections may be exempt 32
from reporting some of the information otherwise required by this 33
section. The commission may determine that reports filed pursuant to 34
this section also satisfy the requirements of RCW 29B.25.120 and 35
29B.25.130. 36
(5) Failure of any sponsor to report electronically under this 37
section shall be a violation of this title. 38
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NEW SECTION. Sec. 7. The following acts or parts of acts are 1
each repealed:2
(1) RCW 29B.10.250 (Foreign national) and 2024 c 164 s 225;3
(2) RCW 29B.40.050 (Foreign nationals — Contributions, 4
expenditures, and electioneering prohibited) and 2024 c 164 s 447 & 5
2020 c 152 s 9; 6
(3) RCW 29B.40.060 (Foreign nationals— Contribution certification) 7
and 2024 c 164 s 448 & 2020 c 152 s 10; 8
(4) 2020 c 152 s 1 (uncodified); and 9
(5) 2020 c 152 s 11 (uncodified). 10
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