A video posted Saturday shows Skagit County Commissioner Joe Burns standing inches from an official ballot drop box while identifying himself as a candidate seeking to retain his seat in the Nov. 3 election.
In the clip, Burns says: “Hey, Skagit County Commissioner Joe Burns running to retain my seat this November. Make sure you get your ballot turned into an official ballot drop box no later than 8 p.m. on November 3rd. And make sure that your vote counts.” In the comment section of the video the next day, his wife, Naomi Ann Snow Burns, wrote, “Hey I recorded that!”
The video was posted to the Facebook account, Elect Joe Burns, on Oct. 31. It was taken at the Sedro-Woolley U.S. Post Office located at 111 Woodworth St.
The location and wording raise questions under RCW 29A.84.510, which restricts certain activities near ballot drop boxes during the voting period. That period begins 18 days before a special, primary, or general election and ends on Election Day. For the Nov. 3 contest, it opened in mid-October, placing Oct. 31 well inside the window.
The statute states that no person may, within 25 feet measured radially from a ballot drop box, suggest or persuade or attempt to suggest or persuade any voter to vote for or against any candidate or ballot measure. It also bars circulating cards or handbills, soliciting petition signatures, and practices that interfere with voters or disrupt election administration. A related administrative rule, WAC 434-250-100, uses broader language, stating that within 25 feet of a ballot deposit site no person may electioneer, circulate campaign material, or interfere with the voting process.
Burns’ remarks are not a neutral reminder to return ballots. By opening with his title and the statement that he is “running to retain my seat this November” while standing immediately in front of the drop box, the comments identify him as a candidate and promote his candidacy in the restricted zone. That combination aligns with the prohibited activity of attempting to suggest or persuade voters regarding a candidate, as well as the electioneering restriction in the administrative rule. Also, standing in front of the box places the Burns well inside the 25-foot radial buffer.
Neutral get-out-the-vote messages that do not identify a candidate or advocate for or against anyone on the ballot are generally treated differently under RCW 29A.84.510. Violations of RCW 29A.84.510 are considered gross misdemeanors.
Burns, a Democrat, was appointed in January to fill the District 3 seat after Lisa Janicki stepped down. District 3 covers eastern Skagit County, including Burlington, Sedro-Woolley, Concrete, and surrounding areas. He is running to keep the seat against Republican state Sen. Keith Wagoner.
The Lynnwood Times is awaiting comment from Burns on the alleged violation of RCW 29A.84.510 and WAC 434-250-100.
Author: Mario Lotmore
