Bethel Citizens For School Support Committee: Alleged violations of RCW 42.17A.235 & .240 for failure to timely file C-4 reports in support of the February 5, 2019, special election school bond measure (EY19; Aug22)

Case

#111247

Respondent

Bethel Citizens For School Support Committee

Complainant

Conner Edwards

Description

A complaint was filed against the Bethel Citizens for Schools Committee (Committee), a local school bond and levy committee registered with the PDC, alleging violations of RCW 42.17A.235 and .240 by failing to timely disclose contribution and expenditure activities on the Summary Full Campaign Contributions and Expenditure reports (C-4 reports) filed for the February 13, 2019, special election.

For the 2019 February special election, the Committee was registered with the PDC as local ballot measure committee under the Full Reporting option in support of Bethel School District Proposition 1, a $443 million General Obligations Bond Measure on the February 13, 2019, special election ballot.

On July 22, 2021, the Committee filed three C-4 reports for the February 13, 2019, special election that included the 21-Day Pre-Special Election C-4 report, the 7-Day Pre-Special Election C-4 report, and the Post Special Election C-4 report. All three C-4 reports disclosed no contributions had been received by the Committee for the bond measure, and no expenditures had been made.

The Committee Treasurer for the 2018 and 2019 ballot measure committees, stated that she was no longer the Treasurer for the Committee, but confirmed the Committee made no expenditures for the February 13, 2019, Bethel School District bond measure. She stated the Committee did make some Facebook posts and sent some text messages in support of the February 2019 bond measure, but they did not make any expenditures.

During calendar year 2018, the Committee registered with the PDC as local ballot measure committee under the Full Reporting option in support of Bethel School District ballot propositions for two elections, that included: (1) the February 13, 2018, Special Election in support of three Bethel School District ballot propositions for Proposition 1, a Maintenance and Operations levy; Proposition 2, a Technology and Capital Projects Levy; and Proposition 3, a $443 million General Obligations Bond Measure; and (2) the November 6, 2018, General Election for Proposition 1, a $443 million General Obligations Bond Measure.

RCW 42.17A.235 requires 2018 ballot measure committees in support of a November 6, 2018, ballot measure and under the Full Reporting option, to timely and accurately file C-3 and C-4 reports, including the 21-Day and 7-Day Pre-General Election C-4 reports.

On November 6, 2018, the Bethel Citizens for Schools Committee (Committee) filed the 7-Day Pre-General Election C-4 report covering the period October 16 through 29, 2018, disclosing no monetary contributions had been received, and $7,740.18 in expenditures made.

The C-4 report disclosed expenditures that were all made on October 29, 2018, in support of the Bethel School District bond measure, that included: (1) four expenditures totaling $5,528.66 were made to Always Great Graphix for Bethel School Bond Campaign shirts and other promotional advertising; (2) three expenditures were made to EZ Texting totaling $1,502.06 to send “Robo texts to voters”; (3) a $348.61 expenditure was made to L2 Political for “Contact Information of Community”; and (4) a $315.65 expenditure was made to Sandy Williamson for “Vote Bond Card Reimbursement.”

The 7-Day Pre-General Election C-4 report was required to have been filed no later than October 30, 2018, was filed seven days late by the Committee and on the date of the November 6, 2018, general election.

On October 27, 2022, PDC staff received an emailed copy of a signed Statement of Understanding (SOU) completed by the Bethel Citizens for Schools Committee, acknowledging one violation of RCW 42.17A.235 and .240 by the Committee for failing to timely file the 2018 7-Day Pre-General Election C-4 report for the 2018 general election in support of the Bethel School District bond measure. The receipt of the emailed signed copy of the SOU and the assurance of prompt payment of the $150 civil penalty assessed in this matter, resolves the issue of failing to timely file the 2018 7-Day Pre-General C-4 report.

Based on these findings, including the fact the Committee completed the SOU, and has no prior violations, PDC staff found no evidence of further violations that would require conducting a more formal investigation into the complaint or pursuing enforcement action in this instance.

The three late filed C-4 reports listed above for the February 2019 bond measure were all filed by the Committee well after the February 13, 2019, special election had been held. However, the late filed reports were mitigated by the facts that no contribution or expenditures were disclosed, and the Committee experienced some electronic filing issues.

Concerning the late filed C-4 reports for the February 13, 2019 special election, pursuant to WAC 390-37-060(1)(d), the PDC is issuing a formal written warning to the Bethel Citizens for Schools Committee for failing to timely file C-4 reports. The formal written warning resolves that allegation and includes staff’s expectation that the Bethel Citizens for Schools Committee will timely file all the required campaign finance reports for all future years and elections. The Bethel Citizens for Schools Committee 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

Resolved through Statement of Understanding

Date Opened

August 04, 2022

Areas of Law

RCW 42.17A.235, RCW 42.17A.240

Documents

Penalties

Total penalties: $150

Balance Due: $0

Bethel Citizen's For School Support Committee

Penalty

$150 (STATEMENT OF UNDERSTANDING)

Payments

$150 on 11/01/2022 (PAID - SOU)