Stearns, Christopher: Alleged Violation of RCW 42.17A.335 for false claim of endorsement (EY22, Nov22)
Case
#113892
Respondent
Christopher Stearns
Complainant
Jacob Simpson
Description
A complaint was filed alleging that Chris Stearns, a candidate for State Representative in the 47th Legislative District in 2022, may have violated RCW 42.17A.335 by sponsoring political advertising that makes a false statement or claim stating or implying the support or endorsement of any person or organization.
On March 31, 2022, Chris Stearns registered with the PDC as a candidate for State Representative in the 47th Legislative District, Position 2, selecting the Full Reporting option and listing Abbot Taylor as the Ministerial Treasurer.
The evidence provided along with the complaint included a political advertisement (aka mailer) sponsored by the Chris Stearns Campaign in support of his candidacy. The mailer stated: "The ONLY Candidate Endorsed by Local Democrats, Unions, and Advocates for Safe, Green, and Affordable Communities", included the words "Sole Endorsements!" followed by a list of what appears to be nine unions, political party organizations, and other entities that endorsed Mr. Stearns candidacy.
The complainant stated that Shukri Olow, Mr. Stearns general election opponent, was also “endorsed by unions, local democrats, and advocates for safe, green, and affordable communities.” The complaint further stated that the Washington State Labor Council, One America Votes, the Alliance for Gun Responsibility, The Washington Conservation Voters, and Humane Voters of Washington endorsed both Ms. Olow and Mr. Stearns.
Mr. Stearns stated in his responses that “In the mailer provided by Mr. Simpson the 47th District Democrats and King County Democrats are highlighted as sole endorsements on my mail piece. That is accurate as my opponent did not secure the support of either organization.” He stated that his campaign “earned the sole endorsement of the 47th (local) District Democrats and the King County Democrats. In the mailer referenced, only those two logos appear under the words 'Sole Endorsement'.”
Mr. Stearns stated that to the best of his Campaign’s knowledge, the Washington State Labor Council, One America Votes, the Alliance for Gun Responsibility, The Washington Conservation Voters, or the Humane Voters of Washington, all offered a dual endorsement for both his Campaign and Ms. Olow’s. He stated that “In retrospect, we could have been more clear by replacing local with 47th District Democrats so it read the ONLY candidate endorsed by 47th District Democrats, Unions, and Advocates for Safe, Green and Affordable Communities.”
Mr. Stearns stated that his Campaign mailer did not claim they had the sole endorsement of the Washington State Labor Council, One America Votes, the Alliance for Gun Responsibility, The Washington Conservation Voters, or the Humane Voters of Washington. However, staff noted as part of the review that the mailer failed to highlight or indicate both Mr. Stearns and Ms. Olow received a dual endorsement from the five organizations listed in the mailer. The recipients of the mailer may have been led to believe that the statement about sole endorsements applied to all organizations listed in the mailer.
Pursuant to RCW 42.17A.335, it is a violation to sponsor with actual malice a political ad that contains a statement constituting libel or defamation per se if the statement: (1) directly or indirectly implies a candidate has the support or endorsement of any person or organization when the candidate does not have such support; (2) is a false statement of material fact about a candidate, or (3) falsely represents that a candidate is the incumbent office holder.
Libel or defamation per se for the purposes of that section means “statements that tend (a) to expose a living person to hatred, contempt, ridicule, or obloquy, or to deprive him or her of the benefit of public confidence or social intercourse, or to injure him or her in his or her business or occupation, or (b) to injure any person, corporation, or association in her, his, or its business or occupation.” Actual malice is defined by RCW 42.17A.005(1) as “to act with knowledge of falsity or with reckless disregard as to truth or falsity.”
Based on our findings, staff has determined that, in this instance, no evidence was found to support the finding of a violation or that would warrant any further investigation.
While the Chris Stearns Campaign did not indicate in the political advertisement that both candidates received a dual endorsement from the Washington State Labor Council, One America Votes, the Alliance for Gun Responsibility, The Washington Conservation Voters, or the Humane Voters of Washington, in this instance, staff found no evidence of knowledge of falsity or reckless disregard of the truth on the part of the Campaign concerning the statement made about the endorsements.
PDC staff reminded Chris Stearns about the importance of making it clear on all future political advertising when his candidacy has received a dual endorsement, and to properly communicate that statement and information in the advertisement.
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 Reminder
Date Opened
November 04, 2022
Areas of Law
RCW 42.17A.335
Documents
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