Eyman, Timothy (5): Alleged Violation of RCW 42.17A.445 for misuse of campaign funds (EY20, Nov20)

Case

#80835

Respondent

Timothy Eyman

Complainant

Elliott Harvey

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on November 23, 2020. The complaint alleged that Timothy Eyman, a gubernatorial candidate in the August 4, 2020, primary, may have violated RCW 42.17A.445 for misuse of campaign funds to support a recall effort.

PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; the responses provided by the Respondent and by Stephen Pidgeon on behalf of the Respondent; the applicable PDC reports filed by the Respondent; queried the Respondent’s data in the PDC contribution and expenditure database; and reviewed PDC Case Number 74923 and other relevant information, to determine whether the record supports a finding of one or more violations.

It appears that any costs connected to the July 23, 2020, Recall Durkan event were negligible and were limited to a pro-rated portion of the funds spent to create and maintain the Tim4Gov website plus the out-of-pocket expenditure made by the Respondent for printing recall petitions.

Based on our findings staff has determined that, in this instance, de minimis use of the 2020 Tim4Gov campaign website to support a recall effort does not amount to a finding of a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), however, Timothy Eyman will receive a formal written warning concerning the misuse of 2020 gubernatorial campaign resources to support the effort to Recall Seattle Mayor Jenny Durkan. The formal written warning will include staff’s expectation that Mr. Eyman limit his uses of any candidate campaign funds received, and resources purchased or provided via in-kind donation for any candidate campaign, strictly for activities directly related to that campaign. The Commission will consider the 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

November 25, 2020

Areas of Law

RCW 42.17A.445