WSR 16-22-046 PERMANENT RULES PUBLIC DISCLOSURE COMMISSION [Filed October 28, 2016, 1:46 p.m., effective November 28, 2016]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Repeal candidates' implied incumbency restrictions from political advertising rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 390-18-040(6).
Statutory Authority for Adoption: RCW 42.17A.110.
Adopted under notice filed as WSR 16-17-103 on August 19, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0 [1], Repealed 1 [0].
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0 [1], Repealed 1 [0].
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 27, 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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