Samson, Robert (Rocky) III: Alleged violations of Chapter 42.17A RCW for failure to timely register and report contributions, expenditures, and financial affairs as a candidate; and for false statements in political advertising (EY 19; June 19)

Case

#52905

Respondent

Robert (Rocky) Samson III

Complainant

Carrie L. Barrow

Description

The complaint alleged that Samson violated RCW 42.17A.205 for failure to file a Candidate Registration (C-1 report) within two weeks of declaring candidacy; RCW 42.17A.235 for failure to report contributions and expenditures as a candidate; RCW 42.17A.700 for failure to timely file the Personal Statement of Financial Affairs (F-1 report) within two weeks of declaring candidacy; and RCW 42.17A.335 for sponsoring false statements of material fact about a candidate in political advertising.

RCW 42.17A.335 prohibits a person from sponsoring, with actual malice, a false statement of material fact about a candidate for public office that constitutes libel or defamation per se. The violation must be proven by clear and convincing evidence. There was no clear and convincing evidence of defamatory or libelous statements made with actual malice. 

Staff has determined, in this instance, the alleged failure to timely file a Candidate Registration (C-1 report) and to comply with the requirement to include proper sponsor identification on political advertising, do not amount to violations warranting further investigation. 

However, pursuant to WAC 390-37-060(1)(d), Robert Joseph "Rocky" Samson III will receive a warning letter concerning his failure to comply with PDC requirements.  

Should Robert Joseph "Rocky" Samson III be a future candidate for elective office, PDC staff expects Samson to timely file the C-1 and other required reports and list the complete sponsor identification on all political advertising in future years in accordance with PDC laws and rules. 

The Commission will consider this 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

June 13, 2019

Areas of Law

RCW 42.17A.205, RCW 42.17A.235, RCW 42.17A.335, RCW 42.17A.700

Documents

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