Brown, Justin: Alleged violation of RCW 42.17A.235 & .240 for failure to timely & accurately disclose contributions & expenditures on reports (EY24, Apr24)

Case

#152611

Respondent

Justin Brown

Complainant

Erik Halvorson

Description

Three complaints were filed against Justin Brown, a 2024 candidate seeking election to the office of Cowlitz County Commissioner, Position #2. The three complaints have been combined into one case resolution letter to more efficiently use PDC staff resources, and alleged violations of: (1) RCW 42.17A.235 and .240 for failing to timely and accurately file the initial Monetary Contribution reports (C-3 reports) and the Summary Full Campaign Contribution and Expenditure reports (C-4 reports), including providing the required descriptions for expenditures and in-kind contributions for the 2024 election cycle; and (2) RCW 42.17A.405 by receiving and depositing monetary contributions that exceeded the 2024 primary contribution limits for a contributor.

On March 14, 2024, Justin Brown filed a Candidate Registration (C-1 report) with the PDC declaring his candidacy for the office of Cowlitz County Commissioner, Position #2 in the 2024 election cycle, selecting the Full Reporting option, and listing Dave Knoyle as the Campaign Treasurer. Mr. Brown is a first-time candidate seeking public office in the 2024 election cycle, and Mr. Knoyle is a first-time Campaign Treasurer.

• The Campaign timely filed the initial C-4 report on April 10, 2024, covering the period March 8 through 31, 2024, disclosing $2,450 in monetary contributions received that included $359.05 for in-kind contributions received, and $377.18 in expenditures made.

The Campaign filed three initial C-3 reports totaling $2,550 on April 16, 2024, six days late. The C-3 reports disclosed: (1) $2,250 for three monetary contributions received and deposited on March 18, 2024, that included $1,500 in monetary contributions received from David Knoyle, Treasurer, and a $500 and $250 monetary contribution received from two individuals; (2) a C-3 report totaling $200 for two $100 monetary contributions received on March 28, 2024 from two individuals; and (3) a $100 candidate contribution received and deposited on March 6, 2024, to open the Campaign bank account.

The initial C-4 report filed by Campaign listed two bank deposits made during the period totaling $2,450 that included a $2,250 deposit made on March 18, 2024, and a $200 deposit made on March 29, 2024, and the $100 candidate contribution was listed as the beginning balance. The C-4 report disclosed two expenditures were made to Minuteman Press on March 8, 2024 totaling $301 for “Campaign Posters and Buttons”, and the Campaign received two in-kind contributions that included a $292 in-kind contribution from Mr. Brown for “Campaign materials and Supplies” for a candidate “meet and greet”, and a $66.88 in-kind contribution for Campaign buttons received from an individual contributor.

PDC staff requested the Campaign file an amended C-4 for the initial filing to disclose: (1) the number of posters printed and buttons produced for the in-kind contributions that were donated by candidate Brown; (2) the number of buttons produced that were donated by Ione Pang; and (3) the number of “Campaign Posters and Buttons” produced for the two expenditures made to Minuteman Press on March 8, 2024, that totaled $301.

On June 12, 2024, the Campaign filed an amended initial C-4 report disclosing the two expenditures made to Minuteman Press on March 8, 2024, that totaled $301 was for “4 Campaign Posters, and 75 Campaign Buttons”; the $292.17 in-kind contribution from the candidate was for “40 buttons and 4 posters”; and the $66.88 in-kind contribution from Ione Pang was for “35 Campaign Buttons.”

Concerning the allegation that contributions limits were exceeded for the 2024 primary, it appears that the Campaign Treasurer David Knoyle made a $1,500 monetary contribution on March 18, 2024, in which the Campaign attributed $1,200 to the 2024 primary election, and $300 to the 2024 general election. On May 7, 2024, the Campaign timely filed the April C-4 report disclosing $800 in monetary contributions received, $302 for in-kind contributions received, and $1,199.56 in expenditures. The C-4 report disclosed that on April 15, 2024, the Campaign made a $300 expenditure to refund a portion of the $1,5000 contribution received from Mr. Knoyle on March 28, 2024.

Based on these findings, PDC staff found no evidence of violations that would require conducting a more formal review or investigation into the complaint or pursuing any further enforcement action in this instance.

Concerning the allegation that contribution limits were exceeded, staff’s review found there are six candidates for Cowlitz County Commissioner, Position #2, that will be appearing on the August 6, 2024 primary election ballot, including Mr. Brown. The 2024 per candidate contribution limits for Cowlitz County Commissioner, Position #2 are $1,200 for the primary and $1,200 for the general election, for each candidate that appears on the ballot for that specific election. While the Campaign timely refunded a $300 contribution to Mr. Knoyle, the $300 contribution from Mr. Knoyle that was attributed to the 2024 general election would not have exceeded contribution limits unless Mr. Brown did not advance to the 2024 general election. Thus, the 2024 contribution limits were not exceeded in this instance and at this time.

In accordance with WAC 390-37-060(1)(d), PDC staff is issuing a formal written warning to Justin Brown concerning the requirement to timely and accurately file C-3 and C-4 reports for the remainder of 2024 election cycle, and for future calendar years should he become a candidate again.

The warning letter includes the requirement that Justin Brown provide the required expenditure and in-kind contribution information and descriptions, such as sub-vendor name and address, and the number of political advertisements or the goods or services that were provided. The Commission will consider the formal written warning in deciding on further Commission action if there are future violations of PDC laws/rules.

The PDC has dismissed this matter in accordance with RCW 42.17A.755(1).

Disposition

Case Closed with Written Warning

Date Opened

April 22, 2024

Areas of Law

RCW 42.17A.235, RCW 42.17A.240