Tageant, Marcus: Alleged violation of RCW 42.17A.235 & .240 by failing to report contributions & expenditures. (EY '21; Aug '21)

Case

#98033

Respondent

Marcus Tageant

Complainant

Earl Gray

Description

Two complaints were filed against Marcus Tageant, an incumbent Lake Stevens City Council member and a candidate for re-election to that office in 2021, alleging his Campaign may have violated RCW 42.17A.235 and .240 by failing to: (1) timely file Monetary Contribution reports (C-3 reports) and Summary Full Campaign Contribution and Expenditure Reports (C-4 reports) disclosing contribution and expenditure activities undertaken in support of his re-election efforts; and (2) timely and accurately provide the required expenditure details for political advertisements sponsored by his Campaign.

Marcus Tageant filed a candidate registration on May 17, 2021, declaring his candidacy for re-election to the Lake Stevens City Council in the 2021 election, selecting the Full Reporting option, and listing himself as Treasurer.    

Mr. Tageant is an incumbent Lake Stevens City Councilmember since being elected to office in 2009.  Mr. Tageant’s name did not appear on the August 3, 2021 primary election ballot, because only two candidates had declared for that office so each candidate automatically qualified for the general election.   

On September 7, 2021, the Friends of Marcus Tageant Campaign (Campaign) filed four C-3 reports totaling $4,000, disclosing the receipt and deposit of four $1,000 monetary contributions received by the Campaign between July 15 through August 3, 2021.   The contributions included: (1) a $1,000 contribution received from the Land Pro Group, Inc. on July 15, 2021; (2) a $1,000 contribution received from the Affordable Housing Council on July 22, 2021; (3) a $1,000 contribution received from the Arcadia Homes, LLC on July 30, 2021; and (4) a $1,000 contribution received from the Responsible Economic Growth PAC on August 3, 2021. 

The $4,000 in monetary contributions received were disclosed by the Campaign between 35 to 54 days late, but 55 days prior to the November 2, 2021 general election.   
On October 11, 2021, the Campaign filed the 7-Day Pre-Primary Election C-4 report which was due no later than July 27, 2021, disclosing $2,000 in monetary contributions received and no expenditures made.  The $2,000 in contribution information should have been disclosed by the Campaign no later than August 10, 2021, on the July C-4 report since the Respondent did not appear on the August 3, 2021 primary election ballot.  The C-4 report was filed 62 days late based on the August 10, 2021 due date.

On October 11, 2021, the Campaign filed the Post-Primary C-4 Election report which was due no later than September 10, 2021, disclosing the receipt of a $3,000 in monetary contributions received and a $1,000 expenditure made by the Campaign on August 28, 2021, for assistance and other advertising. The C-4 report was filed 31 days late based on the September 10, 2021 due date.

On November 10,2021, the Campaign filed an amended C-4 report for July of 2021, disclosing the receipt of a $3,000 in monetary contributions received for the month (as previously listed on the 7-Day Pre-Primary Election C-4 report) and a new $2,031.30 expenditure.  The $2,031.30 expenditure was made by the Campaign to Artisan Signs on July 3, 2021, for 200-yard signs, and was required to have been disclosed on the July C-4 report due August 10, 2021.  

The $2,031.30 expenditure for yard signs was disclosed 92 days late and eight days after the November 2, 2021 general election and represented 23.6% of the total expenditures made by the Campaign for the 2021 election cycle. 

On November 29, 2021, Mr. Tageant sent an email to PDC staff in which he attached a copy of a signed Statement of Understanding (SOU) acknowledging violations of RCW 42.17A.235 and .240 for failing to timely and accurately file C-3 and C-4 reports during the 2021 election cycle.  Mr. Tageant confirmed by email that he was mailing the original signed SOU along with a $150 check civil penalty to resolve the allegations concerning the late filed C-3 and C-4 reports.

Based on these findings that included Marcus Tageant: (1) was his own Treasurer in 2021, and selected the Mini Reporting option in 2009, and 2013, when he served as his own Treasurer for both Campaigns; (2) raised $10,000 in contributions received and made $8,529 in expenditures in support of his re-election efforts; (3) name did not appear on the primary ballot since only two candidates filed for office, the facts do not warrant an investigation or any further enforcement action; and (4) completed a signed Statement of Understanding and agreed to pay a $150 check civil penalty, the PDC has dismissed this matter in accordance with RCW 42.17A.755(1). . 

PDC staff also reminded Marcus Tageant about the importance of candidate campaign finance reporting and disclosure, including the timely and accurate filing of C-3 and C-4 reports, and providing the required expenditure descriptions for political advertising undertaken in support of his candidacy for any future campaign.
 

Disposition

Resolved through Statement of Understanding

Date Opened

September 03, 2021

Areas of Law

RCW 42.17A.235, RCW 42.17A.240

Documents

• 98033 Tageant Marcus Complaint Supplemental.pdf
• 98033 Tageant Marcus Complaint.pdf
• Statement of Understanding - Marcus Tageant - 12.09.2021.pdf
• 98033 Tageant Marcus Complaint RESPONSE.pdf
• Tageant, Marcus Complainant Return Letter with SOU & Reminder (Grey) PDC Case 98033.pdf

Penalties