Washington D.C. —
The Commission determined more time will be needed to decide the long lasting effects of the decision.
If the Commission moves against the statute and the draft opinion then it will open the door for future candidates to use business advertising in this manner during a campaign.
Torchinsky continued to argue that Mullin does not appear in the ads as a candidate.
He also stated that Mullin has not increased the amount of Mullin Plumbing advertisements during the campaign.
“The volume of advertising has not increased during the time period in which he [Mullin] is a candidate,” Torchinsky said.
The Commission did not ask Torchinsky to verify the frequency of the advertisements.
Additionally, Torchinsky testified that Mullin has been running the ads and hosting the radio show for the past 10 years.
Mullin was contacted by the Claremore Daily Progress to verify the time period.
“I am not sure how long I have been doing the show. It has been a long time probably eight or nine years,” Mullin said.
Mullin's radio show "House Talk" has been on the air since June 2009 according to Gene Vidler, Market Manger for Cox Communications. Prior to that time period Mullin had been working with Journal Broadcasting and KRMG. In total Mullin has been hosting or a guest speaker on the radio for approximately nine and half years total, according to campaign officials.
Mullin has been advertising for an extended period of time prior to the election.
To conclude the agenda item the statute was read and a final question was raised about the identification of the federal candidate.
“Are we going to say that a candidate talking in the camera is not clearly indentifying a federal candidate because he doesn’t say he is a candidate,” McGahn said.
McGahn concluded the item by calling into question the commission’s authority to provide and exclusion to Mullin in an advisory opinion.