Power, Nicholas (3): Alleged violations of RCW 42.17A.405 for accepting over-limit contributions, and RCW 42.17A.235 and .240 for failure to accurately and timely report in-kind and monetary contributions (EY 18; Nov 18)

Case

#42587

Respondent

Nicholas Power

Complainant

Lori DiMarco

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed by Lois J. DiMarco on October 30, 2018. The complaint alleged that Nicholas Power, a candidate for San Juan County Prosecuting Attorney in 2018, may have violated: (1) RCW 42.17A.405 for accepting over-limit contributions for political advertising costs approved in advance by the candidate; (2) RCW 42.17A.235 and RCW 42.17A.240 for failure to timely and accurately file Monetary Contribution reports (C-3 reports) and Summary Full Campaign Contribution and Expenditure reports (C-4 reports), disclosing monetary or in-kind contributions for political advertising costs approved in advance by the Campaign; and (3) RCW 42.17A. for failure to accurately report the candidate’s personal funds expended in support of his 2018 campaign.

PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; the response(s) provided by Nicholas Power; the applicable PDC reports filed by 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.

It appears that the mistakes made by the 2018 Power Campaign in regard to the disclosure of costs connected to two political advertisements done in support of Nicholas Power’s Campaign and presented in October 2018, were caused by a general misunderstanding of statutory filing obligations and miscommunication between the Campaign and the sponsors of the advertisements. No evidence was found that Mr. Power meant to mislead or deprive the public of information related to the cost the two political advertisements referenced above. 

Based on these findings staff has determined that, in this instance, failure to timely and accurately file C-4 reports disclosing in-kind contributions for political advertising costs, does not amount to an actual violation warranting further investigation or additional enforcement action.

Pursuant to WAC 390-37-060(1)(d), Nicholas Power (2018 candidate for San Juan County Prosecutor) received a formal written warning concerning failure to timely and accurately file C-4 reports disclosing in-kind contributions for political advertising costs. The formal written warning included staff’s expectation that Mr. Power timely files all future required reports of contributions and expenditures including all monetary and in-kind contributions and expenditures. The Commission will consider the formal written warning in deciding on further Commission action if there are future violations of PDC laws or rules.

Disposition

Case Closed with Written Warning

Date Opened

November 02, 2018

Areas of Law

RCW 42.17A.235, RCW 42.17A.240, RCW 42.17A.405

Documents

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