022820 WAEO, ETH 20-04

• Case Date: February 28, 2020
• Court: Washington

ETH 20-04 Opinion 20-04 Washington Ethics Opinion February 28, 2020          Question:          Per the Secretary of State website (https://www.sos.wa.gov/elections/voters/presidential-primary-faqs-.aspx), "For the March 10 Presidential Primary only, the major political parties require voters to choose a party in order to participate in the nomination process... Each major party wrote its declaration and provided wording to the Secretary of State's Office for ballot materials. Attempts to change the party declaration could result in your ballot not being counted."          The two party declarations read as follows:

• Democratic Party Declaration: I declare that my party preference is the Democratic Party and I will not participate in the nomination process of any other political party for the 2020 Presidential election.

• Republican Party Declaration: I declare that I am a Republican and I have not participated and will not participate in the 2020 precinct caucus or convention system of any other party.

Canon 4, Rule 4.1(A)(5) prevents judges from public identification as a member of a political organization, but paragraph (a) of that section does exempt such an identification "as required to vote." (See comment 6.)          The one ethics opinion listed online regarding "participat[ion] in presidential preference primary," Opinion 92-04, appears to have been withdrawn . (http://www.courts.wa.gov/programs_orgs/pos_ethics/?fa=pos_ethics.dispopin&mode=9204)          Given the strict prohibition on a judge publically aligning with a political party, and the language of the party affiliation declarations required of anyone who wishes to vote in the current March 10, 2020 presidential primary, does the Code of Judicial Conduct, and particularly Rule 4.1(A)(5), allow a judicial officer to sign either of the party declarations required to vote in the 2020 presidential primary?          Answer:          CJC 4.1(A)(5) prohibits judges from publicly identifying himself or...