Michel, Mark: Alleged violation of RCW 42.17A.335(1)(b) for misuse of the term "reelect" in political advertising (EY '19; Oct '19).

Case

#58457

Respondent

Mark Michel

Complainant

John Patrick Kelly

Description

The PDC received a complaint alleging that Mark Michel (the “Respondent”) may have violated RCW 42.17A.335 and WAC 390-18-040 by using the term “reelect” in political advertising. PDC staff reviewed the allegation; the applicable statutes, rules and reporting requirements; and the response provided by the Respondent to determine whether they support a finding of one or more violations. 

Staff’s review found the following:

RCW 42.17A.335(1(b) prohibits political advertising that includes a false statement of incumbency about a candidate who is not an incumbent that is made with actual malice. However, subsection (3) of .335 states that it is not a violation for a candidate or their agent to make such a statement about themselves because a person cannot defame themselves. 

WAC 390-18-040(1) states that the term “reelect” can be used when “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.” The rule is silent concerning what term(s) could be used by incumbents holding multiple positions within the same office. 

The Respondent, who is an incumbent Key Peninsula Parks & Recreation Commissioner in position 1, as well as a candidate for position 3, distributed campaign signs and other political advertising containing the term “reelect” during election year 2019.

Upon being notified of the allegation, the Respondent reached out to the PDC for guidance and immediately and voluntarily altered his campaign signs to omit the term “reelect” to alleviate any concerns about their use. The Respondent also explained that the Key Peninsula Parks & Recreation Commission positions are not defined by geographical limits within the district. As a result, it appears these Commissioner positions are for offices within the same district or political subdivision for the purposes of WAC 390-18-040(1).

Based on these findings, staff determined that, in this instance, the use of the term “reelect” by a position 1 incumbent candidate seeking election to position 3 of the same office does not amount to a violation that warrants further investigation. The PDC finds that no further action is warranted. and has dismissed this matter in accordance with RCW 42.17A.755(1).

Disposition

Case Closed with No Evidence of Violations

Date Opened

October 10, 2019

Areas of Law

RCW 42.17A.335

Documents

• 58457 Michel Mark Response.pdf
• 58457 Michel Mark Complaint.pdf
• 58457 Michel Mark Complaint Return Letter.pdf