House Republican Organizational Committee (3): Alleged Violation of RCW 42.17A.420 for accepting an over limit contribution, during the 21-day period preceding the November 3, 2020 general election (EY20, Nov20)

Case

#79637

Respondent

House Republican Organizational Committee

Complainant

Alex Bond

Description

Based on staff’s review, we found the following: 

• On February 10, 2020, the House Republican Organizational Committee filed a Committee Registration (C1pc), selecting the Full Reporting Option and listing Luanne Werven and Andrew Aboen as Committee Officer and Treasurer, respectively.

• In its responses to this allegation, received on December 21, 2020, the Committee, by way of its attorney, Mark Lamb stated: “The complainant states, it’s important to note that this does NOT appear to be a transfer of surplus funds from an Eslick surplus account to HROC. But in fact, that is exactly what the transaction at issue was. Indeed, Mr. Beatty clarified in an email dated 10-30-2020 that this was a permissible surplus transfer. The email indicated only requested change HROC needed to make was to report it as a miscellaneous receipt rather than a contribution. The initial C3 was filed on October 29th Report 101012825 and was then amended per the PDC’s email in Report 101014403.” 

• RCW 42.17A.430(3) allows the transfer of surplus funds of a candidate or a candidate’s authorized committee without limit to a political party or a caucus political committee. 

• Staff noted that on or about October 30, 2020, the Committee contacted PDC customer service staff regarding this transfer and were advised to amend the October 29, 2020 Monetary Contribution (C-3) report to depict the $15,000 transfer from Carolyn Eslick’s surplus account as a miscellaneous receipt. The amended report depicting the $15,000 transfer as a miscellaneous receipt from Carolyn Eslick’s surplus account was received by the PDC on November 6, 2020. Staff further noted that a transfer coming from a candidate’s surplus account is not considered a contribution when it is transferred to a caucus political party, and as such did not violate the prohibition against accepting an over limit contribution during the 21-day period preceding the November 3, 2020 general election.

Disposition

Case Closed with No Evidence of Violations

Date Opened

November 05, 2020

Areas of Law

RCW 42.17A.420

Documents

• 79637 House Replublican Organizational Committee Complaint.pdf
• 79637 House Republican Organizational Committee RESPONSE.pdf
• 79637 House Republican Organizational Committee Complaint Return Letter.pdf