Carol Rose/NoVoteFortney.com: Alleged violation of RCW 42.17A.320 for failure to disclose sponsor id on website (EY23, Oct23)

Case

#144471

Respondent

Carol Rose/NoVoteFortney.com

Complainant

Geordy Greene

Description

A complaint was filed against the NoVoteFortney.com, alleging a violation of RCW 42.17A.320 by failing to include the proper sponsor identification on political advertising that was undertaken in the form of a website. PDC staff reviewed the allegations listed in the complaint; the applicable statutes, rules, the email exchanges with Domains by Proxy and GoDaddy; and the email response from Carol Rose, Respondent; to determine whether the record supports a finding of a violation. Based on staff’s review, we found the following:

PDC staff was initially not able to ascertain who sponsored the NoVoteFortney.Com domain name and website.

On September 22, 2023, staff sent an email to Domains by Proxy requesting the name and contact information concerning the individual(s) who purchased the domain name for the NoVoteFortney.Com website.

On October 3, 2023, staff received a response to the email from GoDaddy stating: “If you seek the identity or account information of a GoDaddy customer in connection with a civil or criminal legal matter, you must fax, mail, or serve GoDaddy.com, LLC with a valid subpoena. For criminal matters, you must be a member of the law enforcement community.”

On November 1, 2023, the PDC received a response from Domains by Proxy to a PDC subpoena providing the requested names, email addresses and a telephone number. PDC staff sent an email to the email address provided in the documents received but no response was received.

On November 30, 2023, PDC staff contacted Carol Rose by telephone, and Ms. Rose stated that the NoVoteFortney.Com website was hers, that she used her own funds and spent $14 to register the domain name and an additional $232 in web hosting fees. Ms. Rose stated the following in an email to PDC staff after being contacted by telephone: “Thanks for the discussion and information. Having never done this before, I didn't realize I needed to put my name on the website. Please let me know if you need anything more from me.”

PDC staff did not find evidence of violations that would require conducting a more formal investigation into the complaint or pursuing further enforcement action in this instance.

In accordance with WAC 390-37-060(1)(d), PDC staff is issuing a formal written warning to Carol Rose concerning the requirement that in the future, if she sponsors political advertising that supports or opposes candidates and/or ballot proposition, she is required to include the sponsor’s name and address in the advertisement. The Commission will consider this formal written warning in deciding on further Commission action if there are future violations of PDC laws and rules.

PDC staff has dismissing this matter in accordance with RCW 42.17A.755(1).

Disposition

Case Closed with Written Warning

Date Opened

November 01, 2023

Areas of Law

RCW 42.17A.320