Militello, Salvatore: Alleged violations of RCW 42.17A.235 & .240 for failure to file C-3 & C-4 reports in support of his 2022 candidacy for Thurston County Auditor. (EY 22; Aug 22)

Case

#111239

Respondent

Sal Militello

Complainant

Joe A Hyer

Description

A complaint was filed against Salvatore Militello, a candidate seeking election to the office of Thurston County Auditor in 2022, alleging that the Sal Militello Campaign (Campaign) violated RCW 42.17A.235 and .240 by failing to file Monetary Contributions reports (C-3 reports) and Summary Full Campaign Contributions and Expenditure reports (C-4 reports) disclosing contribution and expenditure activities undertaken in support of his candidacy.

On January 5, 2022, Salvatore Militello filed a Candidate Registration (C-1) registering as a candidate seeking election to the office of Thurston County Auditor in 2022, selecting the Full Reporting option, and listing Carlo Mata as Treasurer. Mr. Militello is a first-time candidate for public office in 2022.

On April 16, 2022, the Campaign filed four monthly C-4 reports covering the period of January 1 through April 30, 2022, and one C-3 report. The C-3 and C-4 reports disclosed that $1,000 in the candidate’s personal funds was deposited into the Campaign account on April 23, 2022, and that no expenditures or orders placed had been made.

On August 18, 2022, the Campaign filed three C-3 reports, and one amended C-3 report that disclosed the following: (1) three monetary contributions were received and deposited on June 27, 2022, totaling $2,500 that included two contributions, a $1,000 and a $500 contribution from the Thurston County Republican Central Committee, and a $1,000 contribution from C Duncan Lynn (Retired); (2) a $1,000 candidate loan was made to the Campaign from Mr. Militello on May 27, 2022, with the funds deposited on June 27, 2022; and (3) a $500 candidate loan was made to the Campaign from Mr. Militello and deposited into the Campaign account on August 8, 2022 (also disclosed on the amended C-3 report).

On August 18, 2022, the Campaign filed two C-4 reports, and one amended C-4 report disclosing contribution and expenditure activities covering the period of May 1 through August 31, 2022. The expenditures disclosed on the C-4 reports included: (1) a $1,319.04 expenditure made on May 21, 2022, for the candidate filing fee; and (2) a $120.12 expenditure made to Pacific Printer to print “Campaign merchandise/paraphernalia: Contribution Envelopes.”

On August 28-29, 2022, the Campaign filed three C-4 reports, and two amended C-4 reports disclosing contribution and expenditure activities for the months of January and May of 2022. In addition, on September 2, 2022, the Campaign filed an amended C-4 report for May of 2022 disclosing a $116.13 expenditure the Campaign made to GoDaddy on May 20, 2022, for the website and domain name, that had incorrectly listed the expenditure date as May 20, 2021.

Mr. Militello’s Campaign filed the missing C-3 and C-4 reports after the 2022 primary election was held. However, those late filings are mitigated by the following factors: (1) Mr. Militello was a first-time candidate for public office in 2022; (2) there were only two candidates in the Auditor race, Mr. Militello and Mary Hall, so if it had been a non-partisan office, his name would not have appeared on the primary ballot; and (3) the Campaign to date has not had significant contribution and expenditure activities, having received $4,500 in total contributions and spent slightly more than $1,500 in total expenditures.

Based on these findings, PDC staff determined that these facts do not amount to a violation that would require conducting a more formal investigation into the complaint or pursuing enforcement action in this instance. Pursuant to WAC 390-37-060(1)(d), however, the PDC issued a formal written warning to Salvatore Militello concerning the failure to timely file C-3 and C-4 reports disclosing contribution and expenditure activities undertaken in support of his candidacy.

The formal written warning includes staff’s expectation that Mr. Militello will timely file the required C-3 and C-4 reports for the remainder of the 2022 election cycle, and for any future candidacies. Mr. Militello will be advised that the Commission will consider this formal written warning in deciding on further Commission action, should there be future violations of PDC laws or rules.

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

Disposition

Case Closed with Written Warning

Date Opened

August 04, 2022

Areas of Law

RCW 42.17A.235, RCW 42.17A.240