Campaign memorabilia

AN ACT Relating to the display of previous campaign memorabilia 1
within a legislative office; and amending RCW 42.52.180.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 42.52.180 and 2025 c 377 s 14 are each amended to 4
read as follows: 5
(1) No state officer or state employee may use or authorize the 6
use of facilities of an agency, directly or indirectly, for the 7
purpose of assisting a campaign for election of a person to an office 8
or for the promotion of or opposition to a ballot proposition. 9
Knowing acquiescence by a person with authority to direct, control, 10
or influence the actions of the state officer or state employee using 11
public resources in violation of this section constitutes a violation 12
of this section. Facilities of an agency include, but are not limited 13
to, use of stationery, postage, machines, and equipment, use of state 14
employees of the agency during working hours, vehicles, office space, 15
publications of the agency, and clientele lists of persons served by 16
the agency. 17
(2) Subsection (1) of this section shall not apply to the 18
following activities: 19
(a) Action taken at an open public meeting by members of an 20
elected legislative body to express a collective decision, or to 21
S-3538.2
SENATE BILL 5842
State of Washington 69th Legislature 2026 Regular Session
By Senators Wagoner, Shewmake, and J. Wilson
Prefiled 12/08/25. Read first time 01/12/26. Referred to Committee
on State Government, Tribal Affairs & Elections.
p. 1 SB 5842
actually vote upon a motion, proposal, resolution, order, or 1
ordinance, or to support or oppose a ballot proposition as long as 2
(i) required notice of the meeting includes the title and number of 3
the ballot proposition, and (ii) members of the legislative body or 4
members of the public are afforded an approximately equal opportunity 5
for the expression of an opposing view; 6
(b) A statement by an elected official in support of or in 7
opposition to any ballot proposition at an open press conference or 8
in response to a specific inquiry. For the purposes of this 9
subsection, it is not a violation of this section for an elected 10
official to respond to an inquiry regarding a ballot proposition, to 11
make incidental remarks concerning a ballot proposition in an 12
official communication, or otherwise comment on a ballot proposition 13
without an actual, measurable expenditure of public funds. The ethics 14
boards shall adopt by rule a definition of measurable expenditure;15
(c)(i) The maintenance of official legislative websites 16
throughout the year, regardless of pending elections. The websites 17
may contain any discretionary material which was also specifically 18
prepared for the legislator in the course of his or her official 19
duties as a legislator, including newsletters and press releases.20
(ii) The official legislative websites of legislators seeking 21
reelection or election to any office shall not be altered, other than 22
during a special legislative session or to change office contact 23
information, beginning on the first day of the declaration of 24
candidacy filing period specified in RCW 29A.24.050 through the date 25
of certification by the secretary of state of the general election of 26
the election year. As used in this subsection, "legislator" means a 27
legislator who is a "candidate," as defined in RCW 29B.10.090, for 28
any public office. "Legislator" does not include a member of the 29
legislature who has announced their retirement from elected public 30
office and who does not file a declaration of candidacy by the end of 31
the candidacy filing period specified in RCW 29A.24.050.32
(iii) The website shall not be used for campaign purposes;33
(d) Activities that are part of the normal and regular conduct of 34
the office or agency; 35
(e) De minimis use of public facilities by statewide elected 36
officials and legislators incidental to the preparation or delivery 37
of permissible communications, including written and verbal 38
communications initiated by them of their views on ballot 39
p. 2 SB 5842
propositions that foreseeably may affect a matter that falls within 1
their constitutional or statutory responsibilities; ((and))2
(f) Activities with a legislative nexus as described under RCW 3
42.52.175. For the official legislative website of a legislator, this 4
subsection is subject to subsection (2)(c)(ii) of this section. 5
Official legislative websites that are not the official legislative 6
website of a legislator are not subject to subsection (2)(c)(ii) of 7
this section but may not directly or indirectly reference a ballot 8
measure or legislator running for elected office, during the period 9
described in subsection (2)(c)(ii) of this section; and10
(g) The display of previous campaign memorabilia within a 11
legislative office. 12
(3) As to state officers and employees, this section operates to 13
the exclusion of RCW 29B.45.010. 14
(4) As used in this section((, "official)):15
(a) "Official legislative website" includes, but is not limited 16
to, a legislator's official legislative social media accounts.17
(b) "Previous campaign memorabilia" includes signs, banners, 18
flags, flyers, posters, boards, buttons, stickers, or other display 19
materials from a previous political campaign that is no longer active 20
and are used for historical, commemorative, or decorative purposes.21
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p. 3 SB 5842