Chapter 390-32 WAC

Last Update: 4/2/18

FAIR CAMPAIGN PRACTICES CODE

WAC Sections

390-32-010Fair Campaign Practices Code for candidates and political committees.
390-32-020Filing—Fair Campaign Practices Code.
390-32-030Complaint publication—Fair Campaign Practices Code—Alternative to investigation or adjudicative proceeding.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
390-32-040Fair Campaign Practices Code for statewide ballot issues. [Order 92, § 390-32-040, filed 7/22/77.] Repealed by WSR 85-22-029 (Order 85-04), filed 10/31/85. Statutory Authority: RCW 42.17.370(1).


390-32-010
Fair Campaign Practices Code for candidates and political committees.

Pursuant to the provisions of RCW 42.17A.110 (1) and (6) the public disclosure commission adopts this Fair Campaign Practices Code:
(1) I shall conduct my campaign, and to the extent reasonably possible shall insist that my supporters conduct themselves, in a manner consistent with the best American tradition, discussing the issues and presenting my record and policies with sincerity and candor.
(2) I shall uphold the right of every qualified voter to free and equal participation in the election process.
(3) I shall not participate in, and I shall condemn, personal vilification, defamation, and other attacks on any opposing candidate or party which I do not believe to be truthful, provable, and relevant to my campaign.
(4) I shall not use or authorize, and I shall condemn material relating to my campaign which falsifies, misrepresents, or distorts the facts, including but not limited to malicious or unfounded accusations creating or exploiting doubts as to the morality, patriotism or motivations of any party or candidate.
(5) I shall not appeal to, and I shall condemn appeals to, prejudices based on race, creed, sex or national origin.
(6) I shall not practice, and I shall condemn practices, which tend to corrupt or undermine the system of free election or which hamper or prevent the free expression of the will of the voters.
(7) I shall promptly and publicly repudiate the support of any individual or group which resorts, on behalf of my candidacy or in opposition to that of my opponent(s) to methods in violation of the letter or spirit of this code.
(8) I shall refrain from any misuse of the Public Disclosure Law, chapter 42.17A RCW to gain political advantage for myself or any other candidate.
[Statutory Authority: RCW 42.17A.110. WSR 12-03-002, § 390-32-010, filed 1/4/12, effective 2/4/12. Statutory Authority: RCW 42.17.370(1). WSR 85-22-029 (Order 85-04), § 390-32-010, filed 10/31/85; Order 93, § 390-32-010, filed 8/26/77; Order 64, § 390-32-010, filed 11/25/75; Order 62, § 390-32-010, filed 8/26/75; Order 50, § 390-32-010, filed 3/3/75.]



390-32-020
Filing—Fair Campaign Practices Code.

(1) A copy of the code provided in WAC 390-32-010 shall be printed in appropriate campaign reporting instructions made available to candidates and political committees.
(2) Failure to subscribe to the code shall not constitute a violation of chapter 42.17A RCW.
[Statutory Authority: RCW 42.17A.110. WSR 12-03-002, § 390-32-020, filed 1/4/12, effective 2/4/12. Statutory Authority: RCW 42.17.370. WSR 92-18-002, § 390-32-020, filed 8/20/92, effective 9/20/92. Statutory Authority: RCW 42.17.370(1). WSR 86-08-030 (Order 86-02), § 390-32-020, filed 3/26/86; WSR 85-22-029 (Order 85-04), § 390-32-020, filed 10/31/85; Order 93, § 390-32-020, filed 8/26/77; Order 91, § 390-32-020, filed 7/22/77; Order 62, § 390-32-020, filed 8/26/75; Order 59, § 390-32-020, filed 7/16/75; Order 52, § 390-32-020, filed 4/17/75.]



390-32-030
Complaint publicationFair Campaign Practices CodeAlternative to investigation or adjudicative proceeding.

(1) Written and signed complaints alleging a violation of one or more specific provisions of WAC 390-32-010. The Fair Campaign Practices Code may be submitted to the commission by any person.
(a) Subject to the limitations in subsection (4) of this section, upon receipt of a complaint under subsection (1) of this section, the executive director shall forward a copy of the complaint to the respondent within twenty-four hours, accompanied by a request for a response to the complaint returned within five business days from the date of mailing.
(b) Upon receipt of any response, the executive director shall forward a copy of the response to the complainant. A copy of the complaint and the response shall be sent to news media at the expiration of the five business days for response. The complaint and the response shall be available at the commission office for public inspection and copying. If no response is received within five business days, the complaint shall be made public without a response.
(c) The commission will not issue comments or opinions about complaints or responses received under this subsection.
(2) As provided by WAC 390-37-060, and considering the factors set forth in WAC 390-37-061, the executive director may authorize the processing of a complaint alleging violations of chapter 42.17A RCW or Title 390 WAC according to the complaint publication process provided in this section.
(a) Subject to the limitations in subsection (4) of this section, upon receipt of a complaint authorized by the executive director for processing under this subsection, the executive director shall forward a copy of the complaint to the respondent, accompanied by a request for a response to the complaint to be returned within five business days from the date of mailing.
(b) Complaints authorized by the executive director for processing under this subsection shall be forwarded to the respondent within eight days prior to the date that ballots must be available under RCW 29A.40.070(1).
(c) Upon receipt of any response, the executive director shall forward a copy of the response to the complainant. A copy of the complaint and the response shall be sent to news media at the expiration of the five business days for response. The complaint and the response shall be available at the commission office for public inspection and copying. If no response is received within five days, the complaint shall be made public without a response.
(d) Except as provided under (a) or (b) of this subsection, the publication of complaints or responses under this subsection shall constitute the final disposition of complaints authorized by the executive director for processing under this section.
(3) Following the processing of a complaint under subsection (2) of this section, the executive director shall review the complaint and any response received. Whenever a complaint and response indicate that a material violation of chapter 42.17A RCW may have occurred and/or the respondent may not be in substantial compliance with the relevant statutes and rules, considering the factors set forth in WAC 390-37-061, the executive director may:
(a) Dispose of the complaint through an additional alternative response as provided in WAC 390-37-060; or
(b) Direct a formal investigation be conducted.
(4) The commission will make no attempt to secure a reply to and will make no public release of complaints received within eight days of the date that ballots must be mailed to voters under RCW 29A.40.070(1).
(5) The filing of a complaint with the commission under this section or any provision of chapter 390-37 WAC constitutes implied consent to have the complainant's identity disclosed.
[Statutory Authority: RCW 42.17A.110(1). WSR 18-08-062, § 390-32-030, filed 4/2/18, effective 5/3/18. Statutory Authority: RCW 42.17A.110. WSR 17-03-028, § 390-32-030, filed 1/6/17, effective 2/6/17. Statutory Authority: RCW 42.17A.110(1). WSR 16-01-015, § 390-32-030, filed 12/4/15, effective 1/4/16. Statutory Authority: RCW 42.17.370(1). WSR 85-22-029 (Order 85-04), § 390-32-030, filed 10/31/85; Order 93, § 390-32-030, filed 8/26/77; Order 91, § 390-32-030, filed 7/22/77.]