Tosh Sharp: Alleged violations of RCW 42.17A.335(1)(b), .490, .235 & .240 for falsely claiming incumbency & for failing to obtain written authorization for contributions & for failing to timely and accurately report contributions (EY25 JUL25)

Case

#176230

Respondent

Tosh Sharp

Complainant

Pamela J Carter

Description

Allegation: Violations of RCW 42.17A.335(1)(b), .490, .235 & .240 for falsely claiming incumbency & for failing to obtain written authorization for contributions & for failing to timely and accurately report contributions

The PDC dismissed this matter in accordance with RCW 42.17A.755(1). No evidence supports the finding of a violation for any of the allegations made in the complaint.

The complaint alleged the following:

That Tosh Sharp has falsely claimed in political advertising to be the incumbent city council member for Position 3, the position for which he is a candidate in 2025, when he is the incumbent in Position 1, an alleged violation of RCW 42,17A,335(1)(b), based on the definition of the term "reelect" found in WAC 390-18-040(1);
That Tosh Sharp may have violated RCW 42.17A.490(2) by failing to obtain written approval from contributors, based on the first-in, first-out (spent) method of accounting for contributions received, to transfer contributions to an office that is not the same office in the same district or political subdivision that initially received the contributions;
That the candidate's C-3 reports do not identify the contributors making up the amount of surplus funds transferred from the 2021 campaign for Position 1 to the 2025 campaign for Position 3, an alleged violation of RCW 42.17A.235 and .240; and
That the candidate failed to report the “fair market value” of the recycled yard signs from his previous 2021 campaign that he is using for this new campaign.

Applicable Laws and Rules

RCW 42.17A.335(1)(b) states that it is a violation to sponsor with “actual malice” a statement constituting “libel or defamation per se” in political advertising or an electioneering communication that falsely represents that a candidate is the incumbent for the office sought when in fact the candidate is not the incumbent.

RCW 42.17A.335(3) states it is not a violation for a candidate to make statements described in Section (1)(b) about the candidate himself or herself because a candidate cannot defame himself or herself.

Background and Findings

The City of Tukwila has a seven-member City Council. Each councilmember is elected at-large, meaning all registered voters in the City of Tukwila vote for each council position.
Tosh Sharp is a councilmember in the City of Tukwila, currently holding Position 1. His current term of office expires Dec. 31, 2025. Sharp is running for re-election to the city council and will appear on the 2025 general election ballot as a candidate for Position 3.
The Sharp campaign stated its understanding that it is not a violation to use the term, “re-elect” because Councilperson Sharp was elected twice previously by the same electorate to the Tukwila City Council.
The Sharp campaign also stated its understanding that it is not a violation to use funds raised for one council position for another council position without obtaining the donor’s permission because the contribution was made for the office of city council.
The Sharp campaign reported its reused yard signs on its May 2025 C-4 report covering the May 1 to May 31, 2025, reporting period that was timely filed on June 10, 2025. The in-kind contribution discloses 500 yard signs valued at $2,500.

Tosh Sharp is an incumbent councilmember in the City of Tukwila and is therefore allowed to ask voters to reelect him to the council even though he is running for a different position than the position he currently holds. All council positions are considered to be the same office.

Because Sharp is running for the same office, he is not required to obtain written approval from the contributors making up the amount of surplus funds transferred to the new campaign nor is he required to disclose the names of the individual contributors making up the transferred surplus funds on a C-3 report of contributions received since surplus funds are not new contributions subject to contribution limits.

The Sharp campaign timely and accurately reported its reused yard signs on its May 2025 C-4 report as in-kind contributions valued at $2,500.

Disposition

Case Closed with No Evidence of Violations

Date Opened

July 24, 2025

Areas of Law*

RCW 29B.25.090/42.17A.235, RCW 29B.25.100/42.17A.240, RCW 29B.40.220/42.17A.490

*On January 1, 2026, RCW 42.17A was recodified to RCW 29B