State of Washington

Ethics Advisory Committee

Question

May a candidate for judicial office accept a political organization’s offer to distribute the candidate’s campaign materials (such as yard signs, bumper stickers, and brochures), despite the materials not identifying the candidate as nonpartisan?

Answer

Although judicial candidates are generally prohibited from identifying themselves as members or candidates of a political organization, they may conduct campaigns that provide voters with sufficient information to permit them to distinguish between candidates and make informed electoral choices. CJC 4.1(A)(5); CJC 4.1 Comment [11]. Moreover, judicial candidates may seek, accept, or use endorsements from any person or organization including political organizations, and may engage in some political and campaign activities during their candidacy. CJC 4.2(B)(3); CJC 4.2 Comment [1]. For example, judicial candidates may attend dinners or events of political organizations on behalf of their own candidacy or that of another judicial candidate. CJC 4.2 Comment [3].

Even where campaign materials listed above do not identify a judicial candidate as nonpartisan, the candidate may accept a political organization’s offer to distribute them. Doing so does not, in and of itself, rise to the level of identification as a member or candidate of a political organization in violation of CJC 4.1(A)(5).

Opinion 16-07

10/07/2016