Gig Harbor mayor files PDC complaint over mailer that says she endorsed Jesse Young
Gig Harbor Mayor Tracie Markley has filed a complaint against the Washington State Republican Party about a mailer that says she endorses state Senate candidate Jesse Young.
Markley filed the complaint with the state Public Disclosure Commission Oct. 31.
The News Tribune received a copy of the complaint and the two-sided mailer through a public records request.
In the complaint the mayor alleged the Washington State Republican Party did not contact her for authorization of the quotes used, and that the images and quotes were not approved by her in writing.
“The quotes in the mailer were crafted in such a way that I was speaking on behalf of the City of Gig Harbor, or the residents of the city, which I do not and would not approve,” she said in the complaint.
On the mailer, the mayor is quoted as saying: “Jesse is always there for our local community which is why he has my full endorsement.”
Another quote on the mailer says: “Jesse is a man of faith and character that represents us with impeccable leadership. I encourage you to vote for him this election!”
“I don’t know where these quotes came from,” Mayor Markley told the Gateway Wednesday.
Asked for comment about the mailer, Young sent an email to the Gateway Thursday that said simply: “Tracie has been a dear family friend for years. I am proud to have her endorsement, and appreciative of the kind remarks she made about me.”
Awhile back the Mayor and Young had an informal discussion where she agreed to be included in a mailer with a wide range of community members, in which she was to say: “Jesse has always been a support to Gig Harbor,” according to Markley.
“I specified that it only would be in my personal capacity and if I had the opportunity to approve it ahead of time,” she said. “I did not hear from him after that.”
She said she found out about the mailer when a resident brought it to her attention Oct. 29.
“I would never speak on behalf of the residents of Gig Harbor or use my position to further someone else’s political aspirations,” the mayor told the Gateway. “Jesse and I have been friends for years.”
‘It’s alarming to me’
One of the photos of Mayor Markley on the mailer was taken by News Tribune photographer Tony Overman for a previous article and was used without permission.
Retired Gig Harbor City Council member Jim Franich was also quoted and pictured on the mailer.
His quote reads: “Whether it’s standing against crime or delivering on local projects, Rep. Jesse Young always keeps his word and produces results.”
Franich was not immediately available for comment.
Under RCW 42.17A.335, “it is a violation for someone to sponsor political advertising that makes a false claim stating or implying the support or endorsement of any person or organization when in fact the candidate does not have such support or endorsement,” Kim Bradford, Deputy Director at the Public Disclosure Commission told the Gateway Wednesday.
The Washington State Republican Party doesn’t believe it violated any laws.
“The mailer accurately communicated the personal endorsement of Jesse Young’s campaign for State Senate by Tracie Markley, the Mayor of Gig Harbor. The use of Mayor Tracey Markley’s title was not meant to imply that she was ‘speaking on behalf of the City of Gig Harbor, or the residents of the city,’” Benjamin Gonzalez, spokesperson for the WSRP, told the Gateway Wednesday.
Gonzalez did not immediately respond to questions about when the mailers were sent and how many were distributed.
“It’s alarming to me that a mailer was sent without my approval using statements I did not make, suggesting that I was speaking on behalf of the City of Gig Harbor, or its residents, which I would never have done,” the Mayor said.
What are the rules?
There is nothing in the law that requires them to seek permission, Bradford said.
“The law sets a high bar for proving a violation because it requires that the statement not only be false but also that it was made with actual malice (“to act with knowledge of falsity or with reckless disregard as to truth or falsity”) and that it constituted libel or defamation,” Bradford said.
The penalty for a first offense can be $0-600, according to the Washington Administrative Code. A second offense is $600-$1,200 and a third offense is $1,200-$2,400.
But, “the Commission has discretion to consider mitigating and aggravating factors that might lead to a higher or lower penalty,” Bradford said.
The PDC is still doing an initial review of the complaint and hasn’t decided yet whether to open a case, Bradford said.
Markley told the Gateway Thursday that she may have filed the complaint incorrectly and was waiting to hear back from the PDC. Bradford told the Gateway Wednesday that they were waiting to hear from Markley to get further information to review the matter.
Young’s opponent for the seat in the 26th Legislative District is Emily Randall, the Democratic incumbent who was elected to the state Senate in November 2018.
The district includes portions of Kitsap County, including Bremerton and Port Orchard, south to Gig Harbor and Lakebay in Pierce County.
Primary election results released by the Washington Secretary of State show that Randall won the primary with 25,850 votes (51.52%). Young got 22,257 votes (44.36%).
The general election is Tuesday, Nov. 8.
This story was originally published November 4, 2022 at 5:00 AM.
