Franich, Jim Alleged Violation of RCW 42.17A.320 by failing to provide the required sponsor identification, including the Campaign mailing address, on political advertising sponsored by the candidate. (EY ' 2021, November ' 2021)

Case

#100381

Respondent

Jim Franich

Complainant

Kara Suzanne Aley

Description

A complaint was filed alleging that Jim Franich, an incumbent Gig Harbor City Council member and a candidate for re-election to that office in 2021, may have violated RCW 42.17A.320(1) by failing to include the required sponsor identification information on a political advertisement mailer that was sponsored by his Campaign. 

On October 13, 2021, Jim Franich filed an amended Candidate Registration (C-1 report) with the PDC after being granted permission to change from the Mini Reporting to the Full Reporting option, listing himself as Treasurer for his candidacy for re-election to the Gig Harbor City Council, Position #3 in 2021.   

The political advertisement provided as part of the complaint was a copy of the candidate’s voter pamphlet statement and began by stating that Jim Franich had missed the filing deadline for inclusion in the general election voter’s pamphlet and went on to provide his voter statement.  The advertisement stated at the bottom “Paid for by Jim Franich 4 Council” but failed to include a mailing address in the sponsor identification (sponsor ID).  

The sponsor ID requirements for a candidate mailer require that the words "Paid for" or "Sponsored by" be followed by the candidate’s name, and that the ad includes the sponsor’s complete mailing address. 

Mr. Franich stated that he was not familiar with the statutory “language that required my address to be on the mailer.  I now realize I should have read the RCW prior to sending out the mailer.  I do not believe there was any detrimental effect to the Voters and there was no fraud intended.  In the future I will now be familiar with RCW 42.17A.320 and not let this happen again.”  

Based on these findings and the fact that Mr. Franich included the words “Paid for by Jim Franich 4 Council” and the political advertisement in question was a copy of Mr. Franich’s voter pamphlet statement, PDC staff has determined, in this instance, the allegations concerning the failure to include Mr. Franich’s mailing address in the sponsor identification in the political advertisement, do not amount to a violation warranting investigation or any enforcement action.   

Jim Franich will be reminded to include his mailing address as part of the required sponsor identification on all future political advertising sponsored by his Campaign, including the Campaign mailing address.   Based on this information, the PDC has dismissed this matter in accordance with RCW 42.17A.755(1). 

Disposition

Case Closed with Reminder

Date Opened

November 02, 2021

Areas of Law

Areas of law not found

Documents

• 100381 Franich, Jim Complaint.pdf
• Jim Franich email response to complaint (PDC Case 100381).pdf
• Franich, Jim Complaint Return Letter (Aley) PDC Case 100381.pdf