1119.HBR03

Sponsors: By Representatives Ruderman, Nixon, Haigh, McDermott, Tom, Miloscia, Clibborn, Hudgins, Cody, Hunter, Kessler and Darneille.

Brief Summary of Bill

• Allows campaign year legislative mailings via electronic mail beginning December 1 prior to a legislator's election and ending 45 days after the end of session.

Majority Report: Do pass. Signed by 9 members: Representatives Haigh, Chair; Miloscia, Vice Chair; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt, McDermott, Nixon, Tom and Wallace.

For the 12-month period preceding a general election in which a legislator is running for office, the legislator may not send to constituents, either by regular mail or electronic mail, a letter, newsletter, brochure, or other piece of literature. There are several exceptions to the rule:

• The legislator may send a letter to a constituent who holds a government office having jurisdiction over the subject matter of the letter; and

• The legislator may send a letter to a constituent who has received an award or honor of extraordinary distinction, such as the Nobel prize or Pulitzer prize.

The prohibition against legislative mailings by electronic mail only applies for the period beginning 45 days after the regular session in the year a legislator is running for office and continuing through November 30 immediately following the general election.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Testimony For: Many members e-mail their constituents weekly updates during the legislative session. Constituents believe it is part of a legislator's job to keep them informed. The intent is to communicate with people who are interested in getting updates. Constituents rely on communications legislators provide in e-mail. E-mail is the most effective way to keep constituents informed. However, under current statute, these e-mail updates must not go out during the 60-day session. In recognizing the continued loss of trust in government, communication with constituents is an essential element in building a trusting relationship. Unlike a paper newsletter, an electronic newsletter goes out to far fewer people, and traditionally only people that have requested the update.

Questions have been raised that these e-mails provide an advantage to the incumbent during an election year. As both a constituent and a prospective candidate, challengers also want legislators to be able to send out e-mail to constituents. The e-mail newsletters can be used as quotable information for opposition research. E-mail newsletters are governed under the same ethical requirements that govern paper newsletters and the Ethics Board would have the same oversight. The concern over staff use is not a fair concern because the cost of e-mail is de minimis.

Testified: Representative Ruderman, prime sponsor; and Representative Nixon, sponsor.