Type Advisory Opinion 
Date 3/5/1997 
Number 97-03 
Topic Pre-appointment mailings 
Respondent  
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
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 Dec. 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.
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