Apple, Robert "Bob": Alleged violations of RCW 42.17A.225, .235 & .240 by failing to maintain & preserve books of account, and timely & accurately report contributions & expenditures. (EY 2020)

Case

#86767

Respondent

Robert "Bob" Apple

Complainant

PDC Staff

Description

A PDC staff generated complaint was filed against Robert "Bob" Apple, a 2020 candidate for State Representative in the 3rd Legislative District, alleging violations of: (1) RCW 42.17A.225 by failing to maintain, preserve and produced campaign books of account requested by PDC staff; and (2) RCW 42.17A.235 & .240 for failure to timely & accurately report contributions & expenditures on paper filed C-3 and C-4 reports in accordance with an electronic filing hardship exemption granted pursuant to RCW 42.17A.055.

On June 17, 2020, Robert Apple completed an electronic Candidate Registration declaring his candidacy for State Representative, selecting the Full Reporting Option, and listing himself as Ministerial Treasurer.  Mr. Apple is a former City of Spokane Council member that has previously filed with the PDC as a candidate for elected office on several occasions.  

On July 7, 2020, Robert Apple requested a hardship exemption seeking relief from filing your campaign finance reports electronically, and stated that he experienced some technical issues and challenges in filing his campaign finance reports using the PDC’s Online Reporting of Campaign Activity software (ORCA).  

On July 16, 2020, PDC staff sent an email informing Mr. Apple that he qualified for a hardship exemption from filing electronically based on the alleged technological limitations of his 2020 campaign, and that he must timely file the C-3 and C-4 reports on paper in accordance with the reporting requirements.

On October 15, 2020, Robert Apple submitted paper filed C-3 and C-4 reports to the PDC in accordance with his hardship exemption.  The contribution and expenditure information that he provided on the reports was entered into the Online Reporting of Campaign Activity (PDC ORCA Software) by PDC staff, and electronically filed in accordance with the hardship exemption.  The C-3 and C-4 reports electronically filed by PDC staff were posted on the PDC website on October 21, 2020.  

The C-3 and C-4 information disclosed: (1) Mr. Apple spent $79.90 using personal funds for a Campaign telephone line; (2) a $6,793 in-kind contribution/loan was received from him for a $6,593 Valpak expenditure, and a $200 payment that he made to an individual for web page development and work; (3) a $50 monetary contribution was received from M. Johns (retired) on October 3, 2020; and (4) a $50 expenditure made on October 5, 2020, that included $40 for campaign telephone costs and $10 for miscellaneous office supplies.
 
On March 9, 2021, PDC staff filed a staff generated complaint against Robert Apple alleging violations of RCW 42.17A.225, .235, and .240, since no additional C-3 or C-4 reports had been paper filed by him.  

On June 1, 2021, PDC staff conducted a remote Initial Hearing/Case Status Review by telephone in which Mr. Apple participated, and staff opened a formal investigation concerning this matter after that was held.

On June 22, 2021, PDC staff received a 13-page mailed package from Mr. Apple that included a copy of an October 28, 2020 Bank of America (BOA) letter addressed to him.  The letter stated that BOA had temporarily credited his personal account for the $6,592.92 in-kind contribution/loan that he made to his Campaign for the Valpak mailing.  The letter from BOA went on to state they were working with Valpak “to resolve your dispute.”  

Mr. Apple stated that his Campaign contracted with ValPak to print and mail a flier, but for some unexplained reason Valpak never delivered the mailer to registered voters in the 3rd Legislative District.  He stated that ValPak needed a credit card to process the order and begin work on printing and mailing the brochure, since a personal check would have taken too long to mail their offices in Florida, so he used his personnel credit card to make the purchase.  

Mr. Apple also noted that the documents he provided verified the $6,592.95 expenditure was made on his personal BOA private account, and that BOA had followed up on the contested expenditure and made a $6,592.95 credit that was applied to his account to reverse the payment to ValPak.  Mr. Apple reiterated the ValPak issue happened due to the “wrong mailing list and causing my 3rd Legislative mailing to be delivered to a completely different area of the State of WA and again by no fault of mine.”

On February 16, 2022, based on the information Mr. Apple provided to PDC staff and in accordance with the electronic filing hardship granted to him, PDC staff electronically filed an amended C-4 report that was marked as the “Final report” for the Bob Apple 2020 Campaign for State Representative.  The Final C-4 report disclosed that the 2020 Robert Apple Campaign received a total of $329.90 in contributions received, and $329.90 in expenditures made, once the Valpak in-kind contribution/loan was corrected and subtracted from the Campaign totals. 

PDC staff would note that while the 2020 Robert Apple Campaign did not timely and accurately file the C-3 and C-4 reports, the reports were filed prior to the November 2020 general election, and available for public review on October 21, 2020.  

Based on these findings and the facts that Mr. Apple: (1) served as his own Treasurer in 2020; (2) received an electronic filing hardship exemption that allowed him to file paper file C-3 and C-4 reports; (3) raised and spent less than $500 in total campaign funds for his 2020 candidacy once the ValPak expenditure was corrected or backed out of the totals; and (4) the public was not deprived or any contribution or expenditure activities undertaken by the Campaign since the information was posted on the PDC website on October 21, 2020; the matter does not amount to a violation warranting further investigation or enforcement action.

However, pursuant to WAC 390-37-060(1)(d), this letter serves as a formal written warning concerning Robert Apple's failure to timely and accurately file C-3 and C-4 reports disclosing contribution and expenditure activities undertaken by his 2020 Campaign.  This formal written warning includes staff’s expectation that in the future, should Mr. Apple become a candidate, you are required to timely and accurately file the C-3 and C-4 reports electronically in accordance with PDC laws, rules, and reporting requirements for a candidate under the Full Reporting option.  Finally, the Commission will consider this formal written warning in deciding on future Commission action if there are future violations of PDC laws or rules.

Based on this information, the PDC has dismissed this matter in accordance with RCW 42.17A.755(1).  
 

Disposition

Case Closed with Written Warning

Date Opened

March 09, 2021

Areas of Law

RCW 42.17A.225, RCW 42.17A.235, RCW 42.17A.240

Documents

• 86767 Apple Robert (Bob) Staff Generated Complaint with exhibit.pdf
• Bob Apple 2020 Campaign Complaint Return Warning Ltr (PDC Staff) PDC Case 86767.pdf
• Apple, Bob Response to PDC Complaint - Rcvd 6.22.2021 (PDC Case 86767)_Redacted.pdf