Kirby, Steve (2): Alleged Violation of RCW 42.17A.405 for receiving a contribution designated for the August 4, 2020 Primary Election, after that date (EY20, May21)

Case

#89804

Respondent

Steve Kirby

Complainant

Richard Hall

Description

A complaint was filed against the 2020 Steve Kirby for State Representative Campaign, alleging a violation of RCW 42.17A.405 by accepting $4,000 in monetary contributions from two individuals and attributing $2,000 of those contributions to the 2020 primary election, which exceeded the $1,000 per election contribution limits.

On August 6, 2020, the Steve Kirby Campaign timely filed a Monetary Contributions report (C-3 report) disclosing the receipt of $4,000 in monetary contributions received from a couple received on August 6, 2020.  The C-3 report disclosed that the $4,000 in monetary contributions were designated with $1,000 for the 2020 primary election and $1,000 for the 2020 general election for both individuals listed on the contribution check.  The C-3 report disclosed the $4,000 in monetary contributions received were deposited into the campaign bank account on August 6, 2020. 

Representative Kirby stated that he received a $4,000 monetary contribution check from two individuals , a married couple from Puyallup, on Tuesday, August 4, 2020, the day of the 2020 primary election. 

On May 5, 2021, the Steve Kirby Campaign filed an Amended C-3 report disclosing the date of receipt of the $4,000 in monetary contributions from the couple as being August 4, 2020, with $1,000 designated for the 2020 primary election and $1,000 for the 2020 general election for both. 

RCW 42.17A.405(2) states in part “Contributions to candidates subject to the limits in this section made with respect to a primary may not be made after the date of the primary.”  The statute only requires the contributor to have made a contribution to a candidate by the date of the primary election, in order for that contribution to be designated for the primary election.  

Based on these findings, staff has determined that in this instance, the Campaign did not exceed contribution limits and 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 No Evidence of Violations

Date Opened

May 04, 2021

Areas of Law

RCW 42.17A.405

Documents

• Kirby, Steve Complaint Return Letter (Hall) PDC Case 89804.pdf
• Kirby, Steve Response to Complaint (Hall) PDC Case 89804.pdf
• 89804 Kirby Steve Complaint.pdf