WSR 16-17-103 EXPEDITED RULES PUBLIC DISCLOSURE COMMISSION [Filed August 19, 2016, 9:13 a.m.]
Title of Rule and Other Identifying Information: Amending WAC 390-18-040 Use of the terms "reelect," "retain," and "return."
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Lori Anderson, Public Disclosure Commission, e-mail lori.anderson@pdc.wa.gov, P.O. Box 40908, Olympia, WA 98504-0908, AND RECEIVED BY October 25, 2016.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Remove candidates' implied incumbency restrictions from political advertising rules.
Reasons Supporting Proposal: WAC 390-18-040(6) is no longer necessary because of changed circumstances. The statute on which the rule was based was found to be unconstitutional and the statute enacted to replace the unconstitutional statute makes subsection (6) unnecessary.
Statutory Authority for Adoption: RCW 42.17A.110.
Statute Being Implemented: RCW 42.17A.335.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Public disclosure commission, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Lori Anderson, 711 Capitol Way, Room 206, Olympia, WA 98504-0908, (360) 664-2737; and Enforcement: Evelyn Fielding-Lopez, 711 Capitol Way, Room 206, Olympia, WA 98504-0908, (360) 664-2735.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The commission anticipates no enforcement or fiscal impacts.
August 19, 2016
Lori Anderson
Communications and
Training Officer
AMENDATORY SECTION (Amending WSR 06-11-132, filed 5/23/06, effective 6/23/06)
WAC 390-18-040 Use of the terms "reelect," "retain," and "return."
(1) The term "reelect" when used in an advertisement represents that the candidate is presently holding the office being sought, was elected to it, and is seeking another term in that same office in the same district or political subdivision.
(2) The term "reelect" may be used in an advertisement by a nonincumbent candidate who has previously been elected to the office being sought provided that in the same advertisement it is clearly stated that the candidate is not the incumbent.
(3) The term "retain" in an advertisement represents that the candidate is the incumbent but does not imply that the candidate attained the office by election.
(4) The term "return" in an advertisement represents that the candidate now holds, or has previously held, the office being sought, but does not represent that the office was attained by election.
(5) Whenever the boundaries of a district or political subdivision are officially altered through redistricting, consolidation or other official procedures, the candidate holding an office in the affected district or political subdivision may, in an advertisement, use the term "reelect," "retain" or "return," as appropriate, if the candidate is seeking the same office in the revised district or political subdivision.
(((6) Stating the office sought (e.g., "mayor") by a candidate in a political advertisement without expressly stating the candidate is seeking election to the office (e.g., "for mayor"; "Elect Smith Mayor") represents that the candidate presently holds that office.))
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