Landau, Seth: Alleged Violation of RCW 42.17A.255, .260 for failure to timely and accurately disclose independent expenditure or electioneering communication expenditures on C-6 report (EY 21, Oct 21)

Case

#100171

Respondent

Seth Landau

Complainant

Richard D. Erwin, Jr. and IAFF Local 1762

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint Richard Erwin filed on October 25, 2021 and the complaint filed by, Danielle Franco-Malone, an attorney with Barnard Iglitzin & Lavitt LLP., on November 10, 2021. Staff reviewed the complaint filed by Ms. Franco-Malone and, finding the allegations similar and related to the same two political advertisements already being investigated under the original complaint filed by Mr. Erwin, merged the two complaints and notified Ms. Franco-Malone of this action on November 12, 2021. The complaints alleged that Seth Landau, a sponsor of an independent expenditure advertisement, may have violated: (1) RCW 42.17A.255 & .260 for failure to timely and accurately disclose independent expenditures on a C-6 report; and (2) RCW 42.17A.320 by failing to include proper sponsor identification on political advertisements sponsored by him.

PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; the responses provided by the Respondent; the applicable PDC reports filed by the Respondent; and queried the Respondent’s data in the PDC contribution and expenditure database, to determine whether the record supports a finding of one or more violations.

Regarding the late C-6 filing, it appears that this was likely due to Mr. Landau’s technical difficulties with the C-6 filing application. Staff noted, however, that Mr. Landau successfully filed a C-6 report in calendar year 2019 after encountering the same technical issue. Concerning the missing sponsor identification, staff found no evidence that Mr. Landau purposely failed to include complete sponsor identification on two political advertisements he sponsored that appeared in the same newspaper one week apart or that he otherwise attempted to mislead the public.

Based on our findings staff has determined that, in this instance, submittal of a C-6 report disclosing an independent expenditure two days late and failure to include required sponsor identification on two political advertisements does not amount to a finding of a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), however, Seth Landau will receive a formal written warning concerning failure to timely disclose independent expenditures within five days and failure to include full sponsor identification on a political advertisement sponsored by him. The formal written warning will include staff’s expectation that Mr. Landau timely files all future required reports of independent expenditures and that he ensures the required sponsor id is included on political advertisements he sponsors. The Commission will consider the formal written warning in deciding on further Commission action if there are future violations of PDC laws or rules.

Based on this information, the PDC finds that no further action is warranted and has dismissed this matter in accordance with RCW 42.17A.755(1).

Disposition

Case Closed with Written Warning

Date Opened

October 27, 2021

Areas of Law

RCW 42.17A.255, RCW 42.17A.260

Documents

• 100171 Landau Seth Complaint 2.pdf
• 100171 Landau Seth Warning Letter - Respondent.pdf
• 100171 Landau Seth Warning Letter - Complainant.pdf
• 100171 Landau Seth Supplemental Response.pdf
• 100171 Landau Seth Complaint.pdf
• 100171 Landau Seth Response.pdf