San Juan County v. No New Gas Tax

Summary

The Washington Supreme Court considered whether radio talk show broadcasts supporting a ballot initiative constituted reportable campaign contributions under Washington's Fair Campaign Practices Act. The court held that the broadcasts fell within the statutory media exemption because they occurred during regularly scheduled program content on a station not controlled by a candidate or political committee. It reversed dismissal of the political committee's counterclaims and remanded, while affirming denial of attorney fees to the prosecutors.

Holdings

1. The broadcasts fell within the statutory media exemption because they occurred during the content portion of regularly scheduled radio programs, the broadcaster did not normally require payment for that content time, the station served as a regular news medium, and the station was not controlled by a candidate or political committee. The broadcasts therefore were not campaign contributions subject to disclosure.
2. The trial court improperly granted the preliminary injunction because the prosecutors failed to establish a clear legal or equitable right to disclosure.
3. The CR 12(b)(6) dismissal was improper and had to be reversed because it rested on the erroneous legal conclusion that the radio broadcasts were reportable contributions.
4. The prosecutors were not entitled to attorney fees under RCW 42.17.400(5) or 42 U.S.C. § 1988 because the trial court's fee award was discretionary and the prosecutors did not prevail on the principal issues.

Questions Presented

1. Whether radio broadcasts supporting a ballot initiative during the content portion of regularly scheduled talk-radio programs constituted reportable campaign contributions under the Fair Campaign Practices Act.
2. Whether the trial court improperly issued a preliminary injunction requiring disclosure of the value of those broadcasts.
3. Whether the trial court properly dismissed NNGT's constitutional counterclaims under CR 12(b)(6).
4. Whether the prosecutors were entitled to attorney fees under RCW 42.17.400(5) or 42 U.S.C. § 1988.

Disposition

reversed_and_remanded