Island Co. Democratic Political Action Committee: Alleged violations of RCW 42.17A.235 & .240 by failing to timely disclose contributions & expenditures during calendar yrs 2018 through present on C-3 & C-4 reports. (Aug '23)

Case

#142293

Respondent

Island County Democratic Political Action Committee

Complainant

Glen Morgan

Description

The complaints int his case alleged that Island County Democratic Political Action Committee, a democratic county party continuing committee, may have violated RCW 42.17A.235 and .240 by failing to timely and accurately file C-3 and C-4 reports disclosing contributions and expenditures undertaken by the committee. The first complaint alleged 1) late reporting for election years 2019-2023; and 2) discrepancies in the dollar amounts disclosed on C-4 reports for the committee’s 2021 ending balance and 2022 beginning balance, and 2022 ending balance and 2023 beginning balance. The second complaint alleged the committee failed to provide sufficient details for an in-kind contribution disclosed on their 21-day pre-General C-4 report for 2024. 

PDC staff reviewed the allegations and evidence submitted; the applicable statutes, rules, and reporting requirements; the responses provided by Island County Democratic Political Action Committee (the “Respondent”); the applicable PDC reports filed by the Respondent; and other relevant information to determine whether the record supports a finding of one or more violations. Both mitigating and aggravating factors apply in this case. Based on the attached findings, this case was resolved as follows:

Island County Democratic Political Action Committee completed a Statement of Understanding (SOU) and paid a $150 civil penalty in accordance with WAC 390-37-143 (Brief Enforcement Penalty Schedule) on December 23, 2024. The SOU acknowledged a violation of RCW 42.17A.235(8) for failing to preserve books-of-account financial records, specifically ORCA (Online Reporting of Campaign Activity) data files, for five calendar years following the year in which the transaction occurred. The signed SOU and $150 penalty assessed resolve the committee’s failure to preserve records, which prevented them from amending reports for election year 2021 and earlier.

Pursuant to WAC 390-37-060(1)(d), however, Island County Democratic Political Action Committee also received a formal written warning concerning their failure to timely disclose contribution and expenditures in years 2020-2024. The formal written warning included PDC staff’s expectation that, in the future, Island County Democratic Political Action Committee will timely and accurately file all required C-3 and C-4 reports disclosing contributions and expenditures. The Commission will consider the formal written warning letter in deciding on further Commission action if there are future violations of PDC laws or rules.

In addition, PDC staff also reminded Island County Democratic Political Action Committee about the importance of providing sufficient details on C-4 reports regarding in-kind contributions, including, but not limited to, the number of items and the candidates or committees supported or opposed (if applicable) in accordance with statutes, rules, and PDC guidance. 

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

Resolved through Statement of Understanding (SOU)

Date Opened

September 14, 2023

Areas of Law

RCW 42.17A.235, RCW 42.17A.240

Documents

• 142293 Island Co Democrats PAC Complaint.pdf
• 142293 Island Co Democratic PAC SOU_Warning Letter.pdf
• 142293 Island Co Dem Response attachment.xlsx
• 142293 Island Co Democrats PAC Response.pdf
• 142293 Island Co Dem PAC Hearing Results Respondent.pdf
• 142293 Island Co Dem PAC Hearing Results Complainant.pdf
• 142293 Island County Democrats PAC Complaint 2.pdf
• 142293 Island Co Democratic PAC signed SOU.pdf

Penalties