Marine, Joe: Alleged violation of RCW 42.17A.405 by accepting a contribution & attributing it to the contributor's 2021 primary election contribution limits, when the candidate's name did not appear on the primary election ballot. (EY'21; Oct'21)

Case

#99672

Respondent

Joseph D. Marine

Complainant

Charles Alan Wichert

Description

A complaint was filed against Joe Marine alleging that Joe Marine, incumbent Mayor for the City of Mukilteo and a candidate seeking re-election to that office in 2021, may have violated RCW 42.17A.405 for receiving over-limit contributions for a candidate whose name only appeared on the 2021 general election ballot. 

On February 4, 2021, Joe Marine filed a Candidate Registration declaring his candidacy for re-election to the office of Mayor of Mukilteo in 2021, selecting the Full Reporting Option and listing Candy Marine as Treasurer. 

RCW 42.17A.405 limits candidates for Mayor and City Council in calendar year 2021 to receiving $1,000 in contributions from any one individual or person for each election in which the candidate’s name appears on the ballot.   Only two candidates filed to run for Mayor in the City of Mukilteo in 2021, so there was no primary election for this race and Joe Marine’s name did not appear on the 2021 primary ballot.  Therefore, each candidate was limited to one $1,000 contribution limit from any one source for the entire 2021 election cycle. 

The C-3 reports filed by the Joe Marine Campaign (Campaign) disclosed the following: (1) a $1,000 monetary contribution was received from Paul Marshall on February 22, 2021, which was designated for the 2021 Primary election; and (2) a $1,000 monetary contribution was received from Paul Marshall on August 1, 2021, which was designated for the 2021 General election.    

On September 9, 2021, the Campaign timely filed the Post-Primary Election C-4 report disclosing a total of $20,405 in total contributions had been received by the Campaign as of August 31, 2021, that included the $1,000 general election contribution received from Mr. Marshall on August 1, 2021.   

The C-4 report disclosed that as of August 31, 2021, the Campaign’s expenditures totaled $3,176.81, with a cash on hand balance of $17,228.19, indicating the $1,000 contribution from Mr. Marshall on August 1, 2021 had not been spent.

On October 26, 2021, the Campaign timely filed the 7-Day Pre-General Election C-4 report disclosing that a $1,000 expenditure had been made on October 24, 2021 to Paul Marshall, refunding the $1,000 that had previously been contributed by Mr. Marshall in excess of the contribution limits.  The 7-Day Pre-General Election C-4 report disclosed the Campaign had a $13,153 cash on hand balance, after the $1,000 contribution had been refunded to Mr. Marshall. 

In his response to this complaint, Mr. Marine stated that he “did not have a primary election and it was my mistake in accepting this contribution.”  He stated that the Campaign refunded a $1,000 contribution to Mr. Marshall and filed a C-4 report disclosing the $1,000 refunded contribution. He reiterated that the over limit contribution “was a misunderstanding on my part in the contribution limits. We have double checked all contributions and his is the only contribution we made this mistake on.”

Based on these findings, staff has determined in this instance while the Campaign did exceed the contribution limits found in RCW 42.17A.405 by receiving a $1,000 over-limit contribution received from Mr. Marshall.  PDC staff found the Campaign refunded the $1,000 over limit contribution from Mr. Marshall prior to the November 2, 2021 general election, once they became aware of exceeding the contribution limits; the Campaign had a significant cash on hand balance that confirmed the $1,000 over limit contribution received from Paul Marshall was not spent by the Campaign prior to being refunded.   

Thus, PDC staff does not believe these facts amount to a material violation warranting further investigation or any enforcement action.   PDC staff sent Joe Marine a letter reminding him about the importance of staying within the contribution limits of the office being sought for the remainder of the 2021 election cycle, and any election in the future in which his name appears on the ballot.     

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

Disposition

Case Closed with Reminder

Date Opened

October 15, 2021

Areas of Law

RCW 42.17A.405

Documents

• 99622 Anderson, Ron Complaint.pdf
• Marine, Joe Complaint Return with Reminder Letter (Wichert) PDC Case 99672.pdf
• Email response from Joe Marine (PDC Case 99672).pdf