Emerson, Mark: Alleged violation of RCW 42.17A.205 by failing to timely register as a candidate w/the PDC within two weeks of candidacy and disclose Treasurer, depository. (EY '19) (Jul '19)

Case

#55723

Respondent

Mark D. Emerson

Complainant

Robert Parker

Description

The PDC received a complaint alleging that Mark Emerson (the “Respondent”) may have violated RCW 42.17A.205 by failing to timely register as a candidate within two weeks of becoming a candidate and disclose the campaign’s Treasurer and banking information (depository).

PDC staff reviewed the allegations; the applicable statutes, rules and reporting requirements; the response provided by the Respondent; and the Respondent’s reporting history to determine whether they support a finding of one or more violations. Staff’s review found the following:

The Respondent is a newly appointed incumbent candidate for election who filed with Elections officials on May 13, 2019 and was therefore required to file a Candidate Registration (C-1 report) with the PDC within two weeks, or no later than May 27, 2019. The Respondent filed a C-1 report with the PDC on August 7, 2019 identifying its Treasurer and depository, which was 72 days late. On the C-1 report, the Respondent selected the Mini-reporting Option, whereby a candidate’s campaign is not required to file C-3 & C-4 reports with the PDC if they raise & spend no more than $5,000 and receive no more than $500 from any one contributor. 

The Respondent indicated noncompliance was the result of an oversight, based on the erroneous belief that registering as a candidate with Elections officials and his timely filing of a statement of financial affairs (F-1 report) with the PDC were sufficient. The Respondent made a good-faith effort to resolve noncompliance by filing the C-1 report within 24 hours of being notified.

Based on these findings, staff determined that, in this instance, the Respondent’s failure to timely register as a candidate does not amount to a violation that warrants further investigation. However, the PDC reminded the Respondent about the importance of timely filing all future PDC reports. The PDC has dismissed this matter in accordance with RCW 42.17A.755(1). 

Disposition

Case Closed with Reminder

Date Opened

August 06, 2019

Areas of Law

RCW 42.17A.205

Documents

• 55723 Emerson Mark D. Reminder Letter.pdf
• 55723 Emerson Mark Complaint.pdf
• 55723 Emerson Mark Response.pdf