Bacon, Melanie: Alleged violation of RCW 42.17A.320 & WAC 390-18-010 for failure to provide complete sponsor identification on political advertising (EY24, APR'24)

Case

#152168

Respondent

Melanie Bacon

Complainant

David C. Adams and Riley Anderson

Description

 PDC staff reviewed the allegation(s); the applicable statutes and rules; the response(s) provided 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:

• Melanie Bacon is the incumbent elected County Commissioner for Position 1 of Island County. Ms. Bacon filed a Candidate Registration (C-1) for the 2024 election on July 20, 2023, for the Full Reporting option.
• The campaign created and presented a campaign flyer to the public that did not include the sponsor’s address as part of the sponsor identification.  In the response to the complaint, Ms. Bacon said, “My campaign printed up 100 small hand-out cards and set out a couple of dozen of these at a local coffee shop.  … We have pulled and trashed all remaining cards, and will include the campaign mailing address on all future publications.”  Upon notification of the complaint, the campaign was proactive in addressing a remedy to the issue named in the complaint.
• The campaign created and presented to the public a website at https://www.electmelbacon.com/. The website did not include correct language naming the sponsor and the sponsor’s address.  Once notified, the campaign took immediate action to update the website with required sponsor identification.
• The Respondent does not have similar warnings or violations of PDC requirements.

Based on our findings staff has determined that, in this instance, failure to include the sponsor’s mailing address on a political advertisement does not amount to a finding of a violation that calls for further investigation.

Per WAC 390-37-060(1)(d), however, Melanie Bacon will receive a formal written warning concerning the requirement under RCW 42.17A.320 for failure to provide complete sponsor identification on political advertising.  Staff expects, moving forward, that Ms. Bacon will follow all laws, rules and PDC guidance pertaining to the inclusion of all required elements of sponsor identification on political advertising.  If violations of PDC laws or rules occur in the future, the Commission will consider this formal written warning in deciding on further Commission action.

Based on this information, the PDC finds that no further action necessary and has dismissed this matter per RCW 42.17A.755(1).

Disposition

Case Closed with Written Warning

Date Opened

April 12, 2024

Areas of Law

RCW 42.17A.320, WAC 390-18-010

Documents

• 152168 Bacon_Melanie Complaint Return Letter (combined).pdf
• 152168 Bacon_Melanie Response.pdf
• 152168 Melanie Bacon Complaint.pdf
• 152168 Bacon_Melanie Complaint(2).pdf