Kuss, Richard "Rick": Alleged Violations of RCW 42.17A.320 for failure to disclose party preference on political advertising (EY22, Nov22)

Case

#114040

Respondent

Rick Kuss

Complainant

Sophia Blamey

Description

The complaint alleged that Richard Kuss, a candidate, for County Sheriff in Kitsap County, may have violated RCW 42.17A.320 for failure to include party preference on political advertisements.

PDC staff reviewed the allegation; the applicable statutes, rules, and reporting requirements; the responses provided by the Respondent; the applicable PDC reports filed by the Respondent; and other relevant information, to determine whether the record supports a finding of one or more violations.

Based on staff’s review, we found the following:

• On April 27, 2022, Richard Kuss filed a Candidate Registration with the PDC. He declared his candidacy for election to the position of County Sheriff in Kitsap County in the 2022 election year.
• You alleged that: “Candidate for Kitsap County Sheriff Rick Kuss has again placed yard signs that do not identify his party affiliation as required by RCW 42.17A.320.” You provided multiple photos of the candidate’s yard signs, purportedly taken on October 17, 2022, along Sidney RD SW, Bay St., and Mile Hill & Bethel.
• In response to your complaint, candidate Kuss stated: “Following previous complaint, old signs had an “R” added to label. There is an “(R)” visible under the last “S” under my name. Large sharpie R’s have been added to the old signs previously as well. I certify, our campaign team made a good faith effort to ensure the complaint was not repeated and ordered new signs to put around Kitsap county to replace the old ones all displaying the political party affiliation.” As well, when questioned about the specific signs identified in your pictures, candidate Kuss stated: “The signs were updated prior to 7/19/22. My wife went around and put sharpie on the ones that didn’t have an R on it, and she can positively account for the mile hill and bethel ones.  You can tell some of the photos do have an R, but they are unfocused or blurred out in Sophia’s photo.” Mr. Kuss provided photos showing the close up of a yard sign where a sticker is placed below the last “S” in his name with the symbol “(R)”.
• Staff found upon further review of the photos provided by you, enlarged to enhance the area below the “S” in candidate Kuss’s name, it can be determined in all but one of photos the yard signs show an outline of the sticker identified by candidate Kuss.  The correction made to the signage was difficult to read from a distance, but it does appear the campaign made a good faith effort to correct the signs following your last complaint. 
• It is found that Richard Kuss has a previous warning of PDC requirements for RCW 42.17A.320.

Based on our findings staff has determined that, in this instance, the allegation does not amount to a violation that warrants further investigation.

However, PDC staff has provided a reminder to Richard Kuss about the importance of disclosing party preference on political advertising according to requirements outlined in RCW 42.17A.320. PDC staff expects in the future that the candidate will make his party preference clearly identifiable on all political advertising prior to it being made public in accordance with PDC laws and rules.

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 09, 2022

Areas of Law

RCW 42.17A.320

Documents

• Response.pdf
• 114040 Kuss Richard Complaint Return (combined).pdf
• 114040 Kuss Richard Complaint.pdf