McElliott, Martin: Alleged Violations of RCW 42.17A.235 and .240 for failure to timely and accurately disclose contributions and expenditures on reports (EY23, Feb24)

Case

#151260

Respondent

McElliott, Martin

Complainant

Conner Edwards

Description

Pursuant to the brief enforcement hearing (brief adjudicative proceeding) notice sent to Martin McElliott on January 2, 2025, a brief adjudicative proceeding was held on January 30, 2025, remotely from Olympia, WA by live audio and online transmission, to consider whether the Respondent violated RCW 42.17A.235 and .240 by failing to file or timely file, as a candidate for the 2023 election cycle, a mandatory post-primary election C-4 report. The C-4 report, disclosing campaign expenditures, was due to be filed not later than September 11, 2023.

Having considered the evidence, the Presiding Officer finds as follows:

FINDINGS OF FACT

1. The Respondent is a candidate for Port Commissioner of Port of Olympia.
2. As a candidate for election, the Respondent was required to file a post-primary election C-4 report by September 11, 2023.
3. The Respondent did not file the C-4 report by the date of the enforcement hearing.   
4. The Respondent has no prior violations.

CONCLUSIONS OF LAW

Based on the above facts, as a matter of law, the Presiding Officer concludes as follows:

1. This matter was duly and properly convened, and all jurisdictional, substantive, and procedural requirements have been satisfied.

1. The Respondent violated RCW 42.17A.235 and .240 by failing to file the post-primary election C-4 report by September 11, 2023.

ORDER

ON the basis of the foregoing Findings of Fact and Conclusions of Law,

IT IS HEREBY ORDERED that the Respondent is assessed a civil penalty of $150, in accordance with the C-4 penalty schedule set forth in WAC 390-37-143. 

It is further ordered that the Respondent:

1. Pay the $150 civil penalty within 30 days of the date of this Order.
2. File the missing C-4 report within 30 days of the date of this Order. 

In the event the Respondent fails to pay the $150 civil penalty within 30 days of the date of the Order, PDC staff is directed to refer the matter to collections or to seek a court order compelling compliance with this Order. 

Any allegations regarding reporting by the Respondent for the 2023 campaign that are not otherwise addressed here are hereby dismissed.

Disposition

Violation Found by Commission

Date Opened

April 02, 2024

Areas of Law

RCW 42.17A.235, RCW 42.17A.240

Documents

• 151260 Martin McElliott BAP Hearing Notice.pdf
• 151260 McElliott Martin Complaint.pdf
• Initial-hearing-results-respondent.pdf
• 151260 Martin McElliott Order Jan 30 BAP.pdf

Penalties