Swant, Peter: Alleged violations of RCW 42.17A.205, .235 & .240 for failure to timely register as a candidate, timely & accurately report expenditures, and provide sufficient expenditure & in-kind contribution descriptions on reports. ('EY 19; Nov '19)

Case

#60659

Respondent

Peter Swant

Complainant

Glen Morgan

Description

The PDC received a complaint alleging that Peter Swant (the “Respondent”) may have violated RCW 42.17A.205 by failing to timely register as a candidate within two weeks of declaring candidacy, and RCW 42.17A.235 & .240 by failing to disclosing expenditure activities undertaken by the campaign on C-4 reports and sufficiently describe expenditures and in-kind contributions on C-4 reports. 

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 the record supports a finding of one or more violations. 

PDC staff found that the Respondent filed a Candidate Registration (C-1 report) with the PDC 20 days late and selected the Full Reporting Option, which triggers the periodic disclosure of contributions and expenditures on C-3 & C-4 reports. Between late May and December 10, 2019, six of the Respondent’s C-4 reports were received between 3-180 days late, two of which lacked details regarding in-kind contributions for yard signs and Facebook advertising.

The Respondent quickly replied to the complaint, stated his belief that his reports were both timely and accurate, and cited technical difficulties filing PDC reports. He indicated a willingness to amend reports to resolve noncompliance and subsequently filed eight amended reports disclosing his candidate filing fee (which was paid with personal funds), expenditures made for banners and consulting services, and additional details regarding in-kind contributions. The amended reports were received 24-159 days late.

Based on the aggravating and mitigating factors in this case, PDC staff issued the Respondent a formal written Warning concerning his failure to timely register as a candidate and timely & accurately report expenditures & in-kind contributions. PDC staff expect the Respondent to file all required contribution & expenditure reports in the future, and the Commission will consider the formal written Warning when deciding on further Commission action if there are future violations of PDC laws or rules. 

The PDC found that no further action was warranted and dismissed this matter in accordance with RCW 42.17A.755(1). 

Disposition

Case Closed with Written Warning

Date Opened

December 02, 2019

Areas of Law

RCW 42.17A.205, RCW 42.17A.235, RCW 42.17A.240

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