Committee to Support Deer Park Schools: Alleged Violations of RCW 42.17A.235 & .240 for failure to timely accurately disclose contributions & expenditures on reports (EY24, JAN24)

Case

#147915

Respondent

Committee to Support Deer Park Schools

Complainant

Conner Edwards

Description

PDC staff reviewed the allegation(s); the applicable statutes, rules, and reporting requirements; the response(s) provided by the Respondent; the applicable PDC reports filed by the Respondent; the Respondent’s data in the PDC contribution and expenditure database; and other relevant information, to decide whether the record supports a finding of one or more violations.

Based on staff’s review, we found the following:

• Committee to Support Deer Park Schools filed a Committee Registration (C-1pc) on September 10, 2023, for the Full Reporting option.  Jody Hodgson is the Treasurer for the committee.
• Per RCW 42.17A.235 and .240, under the Full Reporting option, a committee is required to disclose contribution and expenditure information by submitting Receipts and Expenditure Summary (C-4) reports and Cash Receipts, Monetary Contributions (C-3) reports to the PDC.  The Committee’s due dates for the C-3 and C-4 reports are determined by its activity and participation in the election cycle.
  • RCW 42.17A.235(3)(a) indicates a C-4 report is due each month “if the committee has received a contribution or made an expenditure in the preceding calendar month and either the total contributions received, or the total expenditures made since the last such report exceed $750.” 
• The committee filed a C-4 report on December 7, 2023, for the period 04/01/23 – 10/31/23. The committee should have filed a C-4 report by July 10, 2023, for the preceding months, and a C-4 report by November 10, 2023, for the preceding months, because contributions received during these periods exceeded the $750 threshold. 
• The 21-day pre-election C-4 was due on January 23, 2024.  The committee filed a C-4 for the period 12/1/23 – 02/05/24, on January 28, 2024 (amended on February 9, 2024). The report was five days late. 
• The 7-day pre-election C-4, due on February 6, 2024, was filed as part of the 21-day report. Campaigns may not “pre-file” reports in this manner. The reporting period cannot be amended in the Online Reporting of Campaign Activity (ORCA) system.
• The post-election C-4, due on March 11, 2024, was filed timely.
• The Respondent does not have other similar warnings of PDC requirements. 

Based on our case review staff has determined that, in this instance, failure to timely and accurately file Summary Full Campaign Contribution and Expenditure reports (C-4 reports), showing contributions and expenditures undertaken by the February 2024 Special Election committee, does not amount to a finding of a violation that calls for further investigation.

Pursuant to WAC 390-37-060(1)(d), however, the Committee to Support Deer Park Schools will receive a formal written warning concerning the requirements under RCW 42.17A.235 and .240 to timely and accurately file Summary Full Campaign Contribution and Expenditure reports (C-4 reports), showing contributions and expenditures undertaken by a political committee.  Staff expects the committee, moving forward, to file accurate and timely reports of contributions and expenditures in the ORCA system.  If violations of PDC laws or rules occur in the future, the Commission will consider this formal written warning in deciding on further Commission action.

Based on this information, the PDC finds that no further action necessary and has dismissed this matter per RCW 42.17A.755(1).

Disposition

Case Closed with Written Warning

Date Opened

January 31, 2024

Areas of Law

RCW 42.17A.235, RCW 42.17A.240

Documents

• 147915 Committee to Support Deer Park Schools Complaint.pdf
• 147915 Committee to Support Deer Park Schools Complaint Return Letter (combined).pdf