EvergreenHealth Foundation: Alleged violations of Chapter 42.17A RCW for failure to timely register and report as an incidental committee, to disclose sponsor ID on political advertising, and to report independent expenditures (EY 19; Aug 19)

Case

#56252

Respondent

EvergreenHealth Foundation

Complainant

Glen Morgan

Description

The Public Disclosure Commission (PDC) has completed its review of the complaints filed on August 9, 2019. The complaints alleged that EvergreenHealth Foundation (“Respondent”), a non-profit 501(c)(3) organization registered with the Washington State Secretary of State’s Office, may have violated: (1) RCW 42.17A.207 for failure to submit a C-1IC as an Incidental Committee; (2) RCW 42.17A.235 and .240 for failure to timely file Incidental Committee Payments and Political Expenditures reports (C-8 reports); (3) RCW 42.17A.320 for failure to disclose top five contributors in electioneering communication; and (4) RCW 42.17A.235 and .240 for failure to timely and accurately report expenditures for political advertising; or RCW 42.17A.255 for failure to report independent expenditures in support of ballot propositions on Independent Expenditure and Electioneering Communication reports (C-6 reports).

PDC staff reviewed allegations; the applicable statutes, rules, and reporting requirements; the response provided by Mark Lamb on behalf of his client EvergreenHealth Foundation; and the applicable PDC reports filed by Respondent, to determine whether the record supports a finding of one or more violations.

It appears that EvergreenHealth Foundation was unaware of their registration and filing obligations as an incidental committee. The Respondent has not previously been the subject of enforcement action and postmarked the C-1IC and C-8 reports two days prior to the date when the complaint was received.

Based on these findings staff has determined that, in this instance, failure to timely register and file reports as an incidental committee disclosing activity for calendar year 2019 does not amount to a finding of a violation warranting further investigation.

PDC staff reminded EvergreenHealth Foundation about the importance of the timely registration and disclosure of all contribution and expenditure activities as an incidental committee, and the timely filings of all future PDC reports in accordance with the statutes and 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 Reminder

Date Opened

August 15, 2019

Areas of Law

RCW 42.17A.207, RCW 42.17A.235, RCW 42.17A.240, RCW 42.17A.255

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