Franz, Hilary: Alleged violation of RCW 42.17A.335 for making a false claim in political advertising stating or implying the support or endorsement of individuals when the candidate did not have such support or endorsement. (SEPT'23, EY'24)

Case

#142556

Respondent

Hilary Franz (2)

Complainant

Samuel Daheim

Description

  • Allegation: Violation of RCW 42.17A.335 for making a false claim in political advertising stating or implying the support or endorsement of individuals when the candidate did not have such support or endorsement.

The PDC dismissed this matter in accordance with RCW 42.17A.755(1) and will not be conducting a more formal investigation into these allegations or taking further enforcement action in this matter.

Staff found the following:

  • Hilary Franz was a 2024 candidate for Governor at the time the complaint was filed. In November 2023, Franz dropped out of the race for Governor and started a campaign to replace Derek Kilmer, who had recently announced he would not be running for re-election to Congress in the 6th Congressional District.
  • The complaint alleged that Hilary Franz’s Gubernatorial campaign website included an Endorsements Page with a large banner featuring Franz hugging Representative Debra Lekanoff and several other elected officials looking on, and that the banner falsely implied the individuals in the picture endorsed Franz for Governor.

Response to Complaint 

  • The Franz Gubernatorial campaign stated the photo in question was taken from Lands Commissioner Franz’s “Do Epic” awards campaign event that she holds to recognize the achievements of exceptional Washingtonians.
  • The photo included individuals recognized by Franz at a “Do Epic” campaign event.
  • The photo included Franz and six other individuals, none of whom were identified by name or title, and the Endorsements Page did not state any of the people in the photo endorsed Franz for Governor.

Based on these findings, staff determined that in this instance, including a banner on the campaign’s endorsements page of its website showing several individuals at an awards ceremony, without identifying the individuals or claiming an endorsement, does not support a finding of a violation warranting further investigation.

Disposition

Case Closed with No Evidence of Violations

Date Opened

September 22, 2023

Areas of Law

RCW 42.17A.335

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