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- New Direction PAC: Alleged violation of RCW 42.17A.305 for failure to accurately report Electioneering Communications on Independent Expenditures reports (C-6 reports). (EY '22; Sept '22)
New Direction PAC: Alleged violation of RCW 42.17A.305 for failure to accurately report Electioneering Communications on Independent Expenditures reports (C-6 reports). (EY '22; Sept '22)
Case
#112865
Respondent
New Direction PAC
Complainant
Glen Morgan
Description
A complaint was filed alleging that New Direction PAC, a continuing political committee registered with the PDC during calendar year 2022, may have violated RCW 42.17A.305 by failing to accurately report Electioneering Communications on Independent Expenditures reports (C-6 reports).
On October 24, 2019, New Direction PAC filed a Committee Registration as a Continuing Political Committee, selecting the Full Reporting Option, and listing Kurt Fritts as the Committee Manager/Director, and Mr. Petterson as Ministerial Treasurer.
Specifically, the complaint alleged that New Direction PAC (Committee) failed to accurately identify that one of the candidates supported by the electioneering communications disclosed on the C-6 reports, incorrectly listed that Sharon Shewmake was a 2022 candidate for the House of Representatives in the 42nd Legislative District, instead of a candidate for State Senator in the 42nd Legislative District.
Staff reviewed the C-6 reports filed by the Committee and found that while the Committee timely filed the initial C-6 reports, the reports inadvertently listed Sharon Shewmake as a 2022 candidate for the House of Representatives in the 42nd Legislative District, rather than a candidate for State Senator in the district.
Mr. Petterson stated in his October 10, 2022, emailed response that New Direction PAC “looked into this and, yes, some of our C6's were filed with the incorrect Sharon Shewmake record”, specifically the office being sought. He stated that the Committee filed amended C-6 reports on October 6, 2022, and added Sharon Shewmake shows up twice in the dropdown menu on the PDC’s C-6 filing application system.
Mr. Petterson stated that “one is for her current house seat and the other is for the senate campaign. There's no office/position listed on the name in the dropdown so it's confusing when filing the C6 reports. If there's any way to update that at some point to add position, I think it would be very helpful.”
On October 5, 2022, the Committee filed seven amended C-6 reports Rep No #11495, #11496, #11497, #11498, #11499, #11500, and #11501, disclosing the same vendors, dates, and dollar amounts for the Electioneering Communications on Box #3 as listed on the initial C-6 reports filed by the New Direction PAC. Four of the amended C-6 reports filed by New Direction PAC, were filed to address the four initial C-6 reports listed as exhibits to the complaint, Rep No #’s 11379, #11390, #11426, and #11441 that incorrectly disclosed that Sharon Shewmake was a 2022 candidate for House of Representatives in the 42nd Legislative District.
The four amended C-6 reports correctly disclosed that Sharon Shewmake was a 2022 candidate for State Senator in the 42nd Legislative District and seeking the office as a Democrat. .
PDC staff has determined that, in this instance, the Committee’s failure to correctly list the office being sought by Sharon Shewmake, State Senator instead of State Representative does not amount to a violation that warrants further investigation.
New Direction PAC promptly and timely filed the requested amended C-6 reports listed above disclosing the required information as soon as the deficiency concerning the office being sought by Representative Shewmake were brought to its attention. The initial C-6 reports filed by the New Direction PAC checked box #3 on the report for electioneering communications, were timely filed and substantially complied with the electioneering communications reporting requirements.
New Direction PAC made ministerial errors on the required C-6 reports, which had no impact or a minimal impact on the public interest and was mitigated by the fact that the Committee listed the candidate and the amount of the independent expenditure, but the wrong office being sought. While the report incorrectly listed the office being sought by Sharon Shewmake as State Representative (for which she is the incumbent) rather than State Senator, the electioneering communication information distributed by New Direction PAC for her correctly listed the office being sought.
Upon notification of the errors, New Direction PAC timely amended the pertinent C-6 reports, making the necessary technical corrections as requested by staff. Based on this information, the PDC finds that no further action is warranted and has dismissed this matter as a technical correction in accordance with RCW 42.17A.755(1).
Disposition
Resolved with Technical Correction
Date Opened
October 04, 2022
Areas of Law
RCW 42.17A.305
Documents
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