RCW 42.17.132 (now 42.52.185) limits election year mailings with public resources by, among other things, providing that a legislator may mail an individual letter to an individual constituent who has contacted the legislator.  Here, the legislator seeks to "update" the constituent on changes to an issue which was the subject of an earlier exchange.​

​Legislators can provide means for constituents to indicate they would like updates on an issue and these may be viewed as contacts from the constituent for purposes of satisfying the statute.  Here, however, the legislator proposes to act unilaterally, absent a fresh or continuing constituent contact.  Board noted that the issue was: (1) a federal agency decision; (2) the subject matter had already been reported by the press; (3) the proposed letter would be mailed a month prior to the legislator's contested election; and (4) there was no sense of urgency surrounding the matter.

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