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SAN JUAN COUNTY v. NO NEW GAS TAX

No. 77966-0.

157 P.3d 831 (2007)

SAN JUAN COUNTY, a political subdivision of the State of Washington; City of Kent, a political subdivision of the State of Washington; City of Auburn, a political subdivision of the State of Washington; City of Seattle, a political subdivision of the State of Washington, ex rel. the State of Washington, Respondents, v. NO NEW GAS TAX, a Washington political action committee; and Jeffrey Davis, an individual and treasurer of No New Gas Tax, Appellants.

Supreme Court of Washington, En Banc.

Decided April 26, 2007.

Attorney(s) appearing for the Case

William R. Maurer, Michael E. Bindas, Institute for Justice/WA State Chapter, Clark Commodore Goss III, Tacey Law Group PS, Seattle, WA, Steven M. Simpson, Institute for Justice, Arlington, VA, for Appellants.

Michael K. Vaska, P. Stephen Dijulio, Rodrick Dembowski, Ramsey E. Ramerman, Foster Pepper PLLC, Thomas Aquinas Carr, Seattle City Attorneys Office, Seattle, WA, David Scott Snyder, Redmond, WA, Randall Keenan Gaylord, San Juan County Prosecutor, Friday Harbor, WA, Thomas C. Brubaker, City of Kent Legal Department, Kent, WA, for Respondents.

David C. Lundsgaard, Graham & Dunn PC, Seattle, WA, for Amicus Curiae on behalf of Washington State Association of Broadcasters.

Michael Edward Kipling, Kipling Law Group PLLC, Aaron Hugh Caplan, for Amicus Curiae on behalf of American Civil Liberties Union.

William Berggren Collins, Olympia, WA, for Amicus Curiae on behalf of Attorney General.

Diana M. Kirchheim, Groen Stephens & Klinge LLP, Bellevue, WA, Erik S. Jaffe, Washington, DC, for Amicus Curiae on behalf of Competitive Politics, Amicus Curiae on behalf of Cato Institute, Amicus Curiae on behalf of Building Industry Assoc of Washington.

MADSEN, J.

¶ 1 The central issue in this appeal is whether the trial court erred in characterizing the on-air support of an initiative campaign by radio talk-show hosts as a campaign "contribution" that must be disclosed under the Fair Campaign Practices Act (FCPA), chapter 42.17 RCW. Petitioners No New Gas Tax (NNGT), a political action committee, and Jeffrey Davis, its treasurer, allege that San Juan County et al. (prosecutors) violated several of its constitutional...

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