Senate Republican Campaign Committee: Alleged violation of RCW 42.17A.240 for failure to accurately report contributions made for coordinated advertising expenditures (EY 18, Aug 18)

Case

#39244

Respondent

Senate Republican Campaign Committee

Complainant

Washington Senate Democratic Campaign

Description

Three complaints were filed against the Senate Republican Campaign Committee (SRCC - PDC Case 39244)), The Leadership Council (TLC PAC - PDC Case 39242)), and Washington Forward (WA Forward - PDC Case 39241)alleging that the 2018 electioneering communications (EC) advertisements paid for by WA Forward Sponsored by The Leadership Council, were actually contributions to the 2018 Republican candidates for the State Legislature that were featured in the advertisements.

The complaint stated the WA Forward EC advertisements were coordinated, collaborated, or consulted with the SRCC and TLC PAC, since the SRCC and TLC PAC share staff and consultants, and shared or had some of the same Officers as WA Forward and that the candidates recruited, endorsed and/or supported by the SRCC exceeded contribution limits in violation of WAC 390-05-210 and RCW 42.17A.405. The complaint also alleged WA Forward violated RCW 42.17A.320 by failing to include the party preference for the Republican candidates featured or mentioned in the EC advertisements opposing Senator Steve Hobbs (D-44) and Claire Wilson (D-26).

The SRCC has been registered and reporting with the PDC as a caucus political committee dating back to at least the 1980’s. On February 10, 2017, the SRCC, the Republican Senate caucus political committee in Washington State, filed an amended C-1pc report as a Continuing Caucus Political Committee, and disclosing its Officers at the time the complaint was filed as Justin Matheson and Senator John Braun, and listing Tom Perry as a Ministerial Treasurer. On August 14, 2018, the SRCC filed an amended C-1pc report removing Senator John Braun as an officer, listing Justin Matheson as Campaign Manager, and Senator Steve O’Ban as an officer.

On June 1, 2017, TLC PAC filed an amended C-1pc report registering as a continuing political committee, selecting the Full Reporting Option, and disclosing its Officers at the time the complaint was filed as Senator Mark Schoesler and Peter Graves. The C-1pc report filed by TLC PAC listed Tom Perry as a Ministerial Treasurer, is related to the SRCC sharing the same staff and consultants and has been registered and reporting with the PDC as a continuing political committee since 2002.

On June 1, 2018, WA Forward filed its initial C-1pc report listing The Leadership Council as a sponsor in its committee name, selecting the Full Reporting Option and disclosing as it’s Committee Officers, Senator Steve O’Ban and Senator Mark Schoesler, and Tom Perry as a Ministerial Treasurer. On June 8, 2018, WA Forward filed an amended its C-1pc report adding Senator John Braun as a Committee Officer and removing Senator Steve O’Ban.

During the 2018 election, WA Forward received $1,675,000 in total monetary contributions received, of which $1,655,000 was received from TLC PAC representing 98.89% of all contributions received requiring TLC PAC to be included as the sponsor on the C-1pc report in the Committee name field, and as part of the name on all C-3, C-4 and C-6 reports filed with the PDC.

WA Forward made $1,616,157 in expenditures for EC’s during the 2018 election cycle that supported Republican 2018 Senate candidates Marty McClendon in the 26th Legislative District and Mark Miloscia in the 30th Legislative District, and opposed Democratic candidates Jessa Lewis in the 6th Legislative District; Emily Randall in the 26th Legislative District; Claire Wilson in the 30th Legislative District; Pinky Vargas in the 6th Legislative District, and Steven Hobbs in the 44th Legislative District.

WAC 390-05-210 defines contribution and when consulting with a caucus political committee would make an expenditure a contribution, to be when: “(1) Any arrangement, coordination or direction by the caucus political committee, its agent or another political committee financed, controlled or operated by the caucus is given to the expending person prior to the publication, distribution, display or broadcast of political advertising or electioneering communications…; or (2) An expenditure is made based on information about the caucus political committee's plans, projects or needs provided to the expending person by the caucus political committee, its agent or another political committee financed, controlled or operated by the caucus with a view toward having an expenditure made…”

Staff found no evidence that the EC expenditures made by WA Forward featuring or mentioning Republican candidates for office in 2018 were conducted in cooperation, consultation, concert, or collaboration with the SRCC, or any of the candidates supported by the SRCC. The expenditures made by WA Forward during the 2018 election cycle did not meet the statutory definition of a “contribution” in accordance with RCW 42.17A.005(13)(a)(ii), RCW 42.17A.310, and WAC 390-05-210.

As noted by Mr. Lamb in the responses, the SRCC and TLC PAC created a “firewall” which screened off State Senators Mark Schoesler and John Braun from all SRCC activities undertaken after June of 2018 through the end of the 2018 election cycle. Thus, WA Forward and the SRCC did not exceed the contribution limitations found in RCW 42.17A.405 for the electioneering communications WA Forward produced and distributed featuring or mentioning 2018 candidates.

Based on these findings staff has determined that, in this instance, the Senate Republican Campaign Committee, The Leadership Council, and Washington Forward, 2018 committee activities did constitute a violation warranting further investigation.

Based on this information, the PDC has dismissed the allegations listed in three complaints you filed against the Senate Republican Campaign Committee (PDC Case 39244); The Leadership Council (PDC Case 39242), and Washington Forward (PDC Case 39241), in accordance with RCW 42.17A.755(1).

Disposition

Case Closed with No Evidence of Violations

Date Opened

August 14, 2018

Areas of Law

RCW 42.17A.240, WAC 390-05-210