Li, Amanda: Alleged Violations of RCW 42.17A.235, .240 & .320 for failure to timely & accurately disclose contribution & expenditure activities for a mailer & for failing to include the complete sponsor id & address on the mailer (EY23 Oct23)

Case

#144426

Respondent

Amanda Li

Complainant

Carol A Simpson

Description

A complaint was filed against Amanda Li, a 2023 candidate for Newcastle City Council in 2023, alleging that a joint candidate mailer that supported and provided content for four candidates seeking election to the Newcastle City Council in 2023 (Tom Griffin; Steve Tallman; Len Trautman; and Ms. Li) violated RCW 42.17A.320 for failing to contain the proper sponsor identification on the mailer for all four
candidates, including the candidates’ names and complete mailing addresses.

On May 23, 2023, Weisi Amanda Li filed a Candidate Registration declaring her candidacy for City Councilperson for the City of Newcastle, Position #2, initially selecting the Full Reporting Option and listing herself as Campaign Treasurer. Ms. Li was a first-time candidate seeking public office in 2023.  On October 26, 2023, Ms. Li filed an amended Candidate Registration changing from the Full Reporting Option to the Mini Reporting Option.

RCW 42.17A.320 requires the sponsor identification, including the candidate’s name and complete mailing address to appear on political advertisements such as direct mail, TV and radio broadcast advertisements, and social media advertisements. In addition, if the direct mail advertisement is sponsored by multiple candidates, the sponsor identification must include all candidate names and their complete mailing addresses.

Ms. Li stated in her response that the joint four-candidate mailer “was designed by a third party” and included information about all four candidates “running in this election with similar ideals.” She stated the information had been provided by Mr. Trautman, Mr. Griffin, Mr. Tallman, and her Campaign, and was taken from information that had previously been included in each candidate’s own “individual flyers.”

Ms. Li stated that when the final draft of the mailer was shared with her, she informed the other three candidates that she didn't have the funds to pay for her pro-rata share. She stated that rather than redesigning the mailer to exclude her candidate information, the other three “candidates kindly offered to split the costs for the printing and postage 3 ways between themselves without my financial input.”

Ms. Li stated the three candidates wanted to include her candidate information in the “mailer to show group unity.” She stated that the three candidates, Mr. Trautman, Mr. Griffin, and Mr. Tallman, each paid 1/3 of the costs for the mailer, that she was not involved in finalizing the mailer, and did not make an expenditure or payment for the mailer.

Ms. Li stated that she confirmed with all three candidates that they explained the mailer to Ms. Simpson and showed “her their… receipts clearly showing their 3 way pro rata share of the cost.”

The other three candidates were all under the Mini Reporting Option, which did not require any itemized campaign finance reports to be filed, including Monetary Contributions reports (C-3 reports), and Ms. Li changed to the Mini Reporting Option on October 26, 2003. It was not possible for PDC staff to ascertain
based on the available records if the three candidates paid for Ms. Li’s portion using personal or campaign funds, since no campaign finance reports are filed by candidates under Mini Reporting.

Based solely on Ms. Li’s response, she indicated that she did not pay for her portion of the mailer so the “Paid for by” sponsor identification did not require her name to be included, unless it stated the words “Sponsored by” since the content for her portion of the mailer was provided by her Campaign.

PDC staff did not find any evidence of a violation that would require conducting a further review or investigation into the complaint allegation or pursuing any enforcement action in this instance. Based on this information, the PDC finds that no action is warranted and has dismissed this matter in accordance with RCW
42.17A.755(1) and WAC 390-37-060(1)(a).

PDC staff is reminding Ms. Li to include the proper sponsor identification on all future political advertisements, including her name and complete mailing address in which she is appearing as a candidate. As in this case, if Ms. Li does not use Campaign or personal funds to pay for any future advertisements featuring her, that she not include the words “Paid for by” followed by her name. Staff recommends that Ms. Li include the words “Sponsored by” followed by her name and mailing address for the information in which she provided the content.

Disposition

Case Closed with Reminder

Date Opened

November 01, 2023

Areas of Law

RCW 42.17A.235, RCW 42.17A.240, RCW 42.17A.320

Documents

• 2023 Amanda Li Campaign response to the complaint (Simpson) PDC Case 144426.pdf
• 144426 Amanda Li Complaint Return Ltr (Simpson).pdf
• DRAFT Amanda Li Complaint.pdf