Ashiofu, Andrew: Alleged violations of RCW 42.17A.405(14) by accepting contributions in excess of contribution limits; & WAC 390-17-300 by spending general election contributions for the primary election when to do so caused general election contributors to exceed their primary election contribution limit, and by failing to return general election contributions after losing in the primary election (EY22, Sep 22)

Case

#113113

Respondent

Andrew Melvin Ikechukwu Ashiofu

Complainant

Glen Morgan

Description

Allegation: Violations of RCW 42.17A.405(14) by accepting contributions in excess of contribution limits; & WAC 390-17-300 by using general election contributions in a manner that caused general election contributors to exceed their primary election contribution limits, and by failing to return general election contributions after losing in the primary election.

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

However, Andrew Ashiofu, Candidate, and Jeanne Legault, Treasurer, each completed a separate Statement of Understanding (SOU) and each paid a $500.00 civil penalty in accordance with WAC 390-37-143 (Brief Enforcement Penalty Schedule), acknowledging violations of:

• RCW 42.17A.405(2) and (14) and WAC 390-05-400 by accepting $2,000 in over-limit contributions for the August 2, 2022 primary election when the campaign used general election contributions for the primary election;
• WAC 390-17-300(5) by spending $2,000 in general election contributions for the primary election when to do so caused the general election contributors to exceed their contribution limit for the primary election; 
• WAC 390-17-300(6) by failing to return $2,000 in general election contributions after losing in the primary election; and 
• RCW 42.17A.235 and .240 by filing multiple inaccurate reports of contributions and expenditures during and after the 2022 primary election, reflecting, (1) anticipated monetary contributions as actual deposited contributions, and (2) large debt forgiveness as over-limit in-kind contributions when there was no loan, debt, debt forgiveness, or over-limit in-kind contribution.

Payment of the two $500.00 penalties resolves the allegations listed in the complaint and the additional areas investigated by PDC staff. Relevant facts include:

• Andrew Ashiofu was a first-time candidate for State Representative in the 37th Legislative District during the 2022 election cycle. He hired Jeanne Legault, an experienced treasurer, to receive contributions, make expenditures, and file accurate reports with the Public Disclosure Commission. Mr. Ashiofu lost in the primary election and was required to return all general election contributions.
• Ms. Legault made the decision to spend $2,000 in general election contributions to pay primary election expenses, resulting in the general election contributions becoming primary election contributions that were over-limit because the general election contributors had already made maximum $1,000 primary election contributions. The campaign was unable to return the general election contributions, consisting of $1,000 from Agatha Ashiofu and $1,000 from Rachel Marshall.
• Ms. Legault filed multiple inaccurate reports of contributions and expenditures during and after the 2022 primary election, including (1) reporting receipts of $1,900 in monetary contributions that were not received, at a time when the campaign was looking for a way to return $2,000 in general election contributions; and (2) reporting a debt of $11,875 for consulting services that did not occur, and later reporting the debt as forgiven, and as an over-limit in-kind contribution. These reports were amended after the election to correctly show that the monetary contributions were not received and that there was no debt or over-limit in-kind contribution for consulting services.

Disposition

Resolved through Statement of Understanding

Date Opened

October 13, 2022

Areas of Law

RCW 42.17A.235, RCW 42.17A.240, RCW 42.17A.405, WAC 390-17-300

Documents

• 113113 Ashiofu Andrew Complaint.pdf
• 113113 Initial Hearing Results - Complainant.pdf
• 113113 Response to Complaint.pdf
• 113113 Initial Hearing Results - Respondent.pdf
• 113113 Combined Case Closure Letter.pdf
• SOU - Case 113113 - Jeanne Legault.pdf
• 113113 SOU Andrew Ashiofu.pdf
• SOU - Case 113113 - Andrew Ashiofu - Rcvd 05.22.2024.pdf

Penalties