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- Benton Rural Electric Association: Alleged Violation of RCW 42.17A.255, .260 for failure to report Electioneering Communication or Independent Expenditures (C-6 report) in support or opposition of a candidate (EY21, Oct21)
Benton Rural Electric Association: Alleged Violation of RCW 42.17A.255, .260 for failure to report Electioneering Communication or Independent Expenditures (C-6 report) in support or opposition of a candidate (EY21, Oct21)
Case
#99953
Respondent
Benton Rural Electric Association
Complainant
Lillian "Randy" Slovic
Description
The Public Disclosure Commission (PDC) has completed its review of the complaints filed on October 14 and 28, 2021. The complaints alleged that Benton Rural Electric Association (Benton REA), a not-for-profit, consumer-owned electric cooperative, may have violated RCW 42.17A.255 or .260 for supporting 2021 West Richland Mayoral candidate, Brent Gerry and failing to disclose an Independent Expenditure or Electioneering Communication on a C-6 report.
PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; and the response provided by Attorney Mark Lamb, Special Counsel for the Respondent, to determine whether the record supports a finding of one or more violations.
Based on the facts, staff found no evidence that the cover photo of Mayor Gerry and the accompanying article that appeared in the October 2021 edition of Ruralite was a contribution to the 2021 Brent Gerry Campaign. The photograph and article did not meet the definition of an Independent Expenditure found in RCW 42.17A.005(30) as the article did not support a candidate, and therefore was not reportable under either RCW 42.17A.255 or .260.
In addition, while the October 2021 Ruralite magazine edition featured an article that identified Mayor Gerry, included a photograph of him on the cover and was published within sixty days of the general election as part of a larger publication, the article itself is not reportable as an Electioneering Communication, based on the exemptions listed in RCW 42.17A.005(21)(b) of what an Electioneering Communication does not include.
Based on this information, 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 22, 2021
Areas of Law
RCW 42.17A.255, RCW 42.17A.260
Documents
- 99953 Benton Rural Electric Association Complaint 2.pdf
- 99953 Benton Rural Electric Association Complaint.pdf
- 99953 Benton Rural Electric Assn Response.pdf
- 99953 Benton Rural Electric Association Dismissal Letter - Complainant.pdf
- 99953 Benton Rural Electric Association Dismissal Letter - Respondent.pdf
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