Campbell, William: Alleged violations of RCW 42.17A.205, .235 & .240 for failure to register as a PAC and failure to disclose contribution and expenditure information on C3 and C4 reports (EY22, Jan23)

Case

#115649

Respondent

William Campbell

Complainant

Conner Edwards

Description

This matter was heard by the Washington State Public Disclosure Commission (PDC, Commission) on November 14, 2024, by telephonic, and online streaming access. The hearing was held at a Special Meeting of the Commission in accordance with Chapters 34.05, 42.17A and 42.30 RCW, and Chapter 390-37 WAC.

FINDINGS OF FACT

This matter involves Respondent William Campbell, acting Chairman of a group of six registered voters who sponsored a recount of the November 8, 2022, Regular Election for Kitsap County Sheriff.

The PDC alleges the group chaired by Mr. Campbell acted as a political committee and violated RCW 42.17A.205 by failing to file the Committee Registration Statement (C-1pc) due within two weeks of becoming a political committee; and violated RCW 42.17A.235 and RCW 42.17A.240 by failing to timely disclose monetary contributions received on Monetary Contributions Reports (C-3 reports) and by failing to timely disclose expenditures made on Summary Full Campaign Contribution and Expenditure Reports (C-4 reports).

1. On or about December 1, 2022, a group of six registered voters, consisting of William Campbell, Marianne and Michael Gustavson, Martha Mioni, Gerald Chaney, and Ron Rice, submitted a written request for a recount of the November 8, 2022, election for Kitsap County Sheriff.

2. These voters were supporters of Rick Kuss and the Respondent had personally contributed $552 to the Kuss campaign. After the election, the Respondent spoke to Rick Kuss about the recount and understood he was supportive of the effort.

3. The Respondent submitted a $31,060.50 cash deposit to the Kitsap County Auditor on December 1, 2022, that included $31,010.50 of his own funds with Martha Mioni donating the remaining $50.00. The Respondent was later reimbursed $1,000 by Marianne and Michael Gustavson.

4. The results of the manual recount found five additional votes should be counted for Rick Kuss and one additional vote for his opponent, John Gese.

5. On December 5, 2022, Respondent contacted the PDC and stated “I am not part of a political party or campaign, however I am biased in favor of Mr. Kuss. The other five voters share my bias.” The Respondent further commented that he and the other members “pooled the money” for the recount effort. PDC Staff provided guidance that the group qualified as a political committee and needed to register and file the appropriate reports. Respondent disagreed with this assessment.

6. On December 26, 2022, PDC Staff received a complaint alleging that the group chaired by the Respondent had acted as a political committee and had failed to file the Committee Registration Statement (C-1pc), the Monetary Contributions Reports (C-3 reports), and the Summary Full Campaign Contribution and Expenditure Reports (C-4 reports). As of the date of the enforcement hearing those reports had not been filed.

7. In his January 20, 2023, response to further PDC Staff inquiries, the Respondent stated he was introduced to the recount effort via a social media post with a link to a GiveSendGo online fundraiser. That campaign was created by “Friends of Rick Kuss,” which is not a committee registered with the PDC.

8. On March 22, 2023, the PDC held an Initial Hearing (Case Status Review Hearing), after opening a formal investigation for PDC Case 115649 concerning the Respondent.

9. The Respondent was interviewed on June 26, 2023, and in response to a subpoena, was interviewed under oath on February 24, 2024. At this interview he stated Sheriff’s candidate Rick Kuss had been supportive of his efforts.

10. During testimony at the hearing, the Respondent confirmed his earlier statements to PDC Staff that his purpose for the recount was only to check the accuracy of the County’s machine count of the votes and was not to support or oppose any candidate.

CONCLUSIONS OF LAW

1. The Commission has jurisdiction over this proceeding pursuant to Chapter 42.17A. RCW, the State campaign finance and disclosure law; Chapter 34.05 RCW, the Administrative Procedure Act; and Title 390 WAC.

2. RCW 42,17A.005(41) defines "Political committee" as any person (except a candidate or an individual dealing with the candidate's or individual's own funds or property) having the expectation of receiving contributions or making expenditures in support of, or opposition to, any candidate or any ballot proposition. Here, the group used its pooled funds to request a recount in support of a candidate. The group was exclusively comprised of supporters of the losing candidate for Sheriff, their effort began as a result of a fundraising effort supporting the candidate, and they had that candidate’s verbal support for the effort. Under these facts the group chaired by the Respondent was a political committee.

3. RCW 42.17A.005(20) defines the election cycle as extending to December 31st of the year of the general election. The funds to pay for the recount were deposited with the County Treasurer on December 1, 2022, within the election cycle.

4. As a political committee, the group was required by RCW 42.17A.205 to file a Committee Registration Statement (C-1pc) due within two weeks of becoming a political committee; and was required by RCW 42.17A.235 and RCW 42.17A.240 to timely disclose monetary contributions received on Monetary Contributions Reports (C-3 reports) and timely disclose expenditures made on Summary Full Campaign Contribution and Expenditure Reports (C-4 reports). The group chaired by the Respondent failed to do so.

ORDER

This Order will be the Final Order. After consideration of the mitigating and aggravating factors, arguments of counsel and the Respondent, the exhibits and witness testimony, the Findings of Fact, and the Conclusions of Law, the Commission finds the group chaired by the Respondent is a political committee as defined under RCW 42.17A.005(41) and failed to file a Committee Registration Statement (C-1pc) within two weeks of becoming a political committee. The group further violated RCW 42.17A.235 and RCW 42.17A.240 by failing to timely disclose monetary contributions received on Monetary Contributions Reports (C-3 reports) and timely disclose expenditures made on Summary Full Campaign Contribution and Expenditure Reports (C-4 reports).

The Respondent is ordered to:

1. a. File the missing Committee Registration Statement (C-1pc); disclose its monetary contributions received on Monetary Contribution Reports (C-3 reports), and disclose its expenditures on a Summary Full Campaign Contribution and Expenditure report (C-4 report) within 30 days of the date of this Final Order.

SO ORDERED this _____ day of November, 2024.

Disposition

Violation Found by Commission

Date Opened

January 05, 2023

Areas of Law

RCW 42.17A.205, RCW 42.17A.235, RCW 42.17A.240