Legislative Ethics Board Advisory Opinions
Topic
Pre-appointment Mailings
Issue/Question
LEB Opinion Issue/Question
House member is appointed
to the Senate in January. In December he mailed a newsletter, unaware of the
upcoming appointment. As a House member he was not a candidate but as a new
Senate member he is. Does the December newsletter now count as one of the two
newsletters permitted a candidate?
Summary
LEB Opinion Summary
No. The statute is ambiguous on the
issue of appointment to office. Purpose of mailing restrictions is to reduce
incumbent's advantage at public expense during the last year of office. There
was no advantage when the December newsletter was sent as there was no election
pending nor a candidacy. Board warns the answer would be different if a member
knew of the appointment and mailed on the eve of that appointment.
Document
LEB Advisory Opinion Document
Review Outcome and Date
Retired - July 2022. See Advisory Opinion 2021 - No. 1