Van Niman, Tara: Alleged Violations of RCW 42.17A.405 for accepting over-limit contributions (EY 21; AUG '23)
Case
#140450
Respondent
Tara Van Niman
Complainant
Glen Morgan
Description
PDC staff reviewed the allegation(s); the applicable statutes, rules, and reporting requirements; the response(s) provided by the Respondent; the applicable PDC reports filed by the Respondent; the Respondent’s data in the PDC contribution and expenditure database; and other relevant information, to decide whether the record supports a finding of one or more violations.
Based on staff’s review, we found the following:
- On May 20, 2021, Tara Van Niman filed a Candidate Registration (C-1) report and selected the Full Reporting Option. Ms. Van Niman filed a Personal Financial Affairs Statement (F-1) on May 20, 2021. The Treasurer for the campaign was Hank Margeson.
- In 2021, RCW 42.17A.405 limited candidates to receiving $1,000, in contributions from any one individual for each election in which the candidate’s name appears on the ballot. (The limits are subject to periodic review and revision by rule, as required by statute.)
- Only two candidates filed to run for the Redmond City Council, Position 6, 2021 election, so there was no primary election for this race and Tara Van Niman’s name did not appear on the 2021 primary ballot. Accordingly, each candidate was limited to a $1,000 contribution from any single source during the 2021 election.
- Upon reviewing the campaign’s Cash Receipts, Monetary Contributions (C-3) reports, multiple contributions, totaling $1,500, were received from Sherri Nichols. The contributions exceed the allowed limit of $1,000.
- On August 15, 2023, the campaign responded to the complaint and said, “the contributions were cured to reflect that they were from a married couple, David and Sherri Nichols.” The campaign amended the C-3 reports on September 25, 2023, and report #110029107 now shows a contribution for $500 from Sherri Nichols and a contribution for $500 from David Nichols. Report #110062946 shows a contribution for $250 from Sherri Nichols and a contribution for $250 from David Nichols. With these corrections, individually Sherri Nichols and David Nichols have each donated a total of $750 to the campaign.
- Ms. Van Niman was a first-time candidate for office. The campaign took responsibility and corrected the reporting errors.
- Ms. Van Niman does not have other similar warnings or violations of PDC requirements.
Based on our case review, staff has decided that, in this instance, there does not appear to be evidence supporting a finding of a violation that calls for further investigation.
Per WAC 390-37-060(1)(d), however, Tara Van Niman will receive a formal written warning concerning failure to accurately file contribution information leading to the appearance of receiving over limit contributions. Staff expects the campaign to follow filing requirements and to stay within the statutory contribution limits in this and all future campaigns. If violations of PDC laws or rules occur in the future, the Commission will consider this formal written warning in deciding on further Commission action.
Based on this information, the PDC finds that no further action necessary and has dismissed this matter per RCW 42.17A.755(1).
Disposition
Case Closed with Written Warning
Date Opened
August 03, 2023
Areas of Law
RCW 42.17A.405
Documents
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