Yes to East King County PUD: Alleged Violations of RCW 42.17A.220 for accepting anonymous contributions totaling over the $300 limit (EY' 22; Aug' 23)

Case

#140772

Respondent

Yes to East King County PUD PAC

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; and other relevant information, to determine whether the record supports a finding of one or more violations.

Based on staff’s review, we found the following:

  • On January 26, 2022, the Committee first filed a Committee Registration (C-1pc) report and selected the Full Reporting Option.  The registration listed Phil Ritter as Treasurer.
  • RCW 42.17.220(4) limits unidentified contributions, except for those made by individuals/persons whose names must be recorded and maintained by a political committee’s treasurer in excess of one percent of the total accumulated anonymous contributions received in the current calendar year, or $300, whichever is more.
  • Staff noted that the Committee accepted $738.94 in anonymous contribution, which is more than allowed under the statutory scheme.
  • In its responses to the complaint, received on August 14, 2023, the Committee, by way of the treasurer, Phil Ritter, stated: “We acknowledge that we received contributions to our campaign from donors who did not provide the required identifying information in the amount of $738.94 and did not understand that the amount of such contributions in excess of $300.00 must be transferred to the State of Washington.”
  • On October 12, 2023, PDC staff received a $438.94 payment from the Committee to be escheated to the State of Washington.
  • The Committee has no prior complaints.

While our review found that the Yes to East King County PUD PAC accepted and deposited over the limit anonymous contribution(s) in violation of RCW 42.17A.220, the Committee took responsibility and promptly escheated the over limit anonymous contribution to the State of Washington.

However, per WAC 390-37-060(1)(d), the Yes to East King County PUD PAC will receive a formal warning letter concerning its failure to adhere to the statutory anonymous contribution limits outlined in RCW 42.17A.220.  The formal written warning will include staff’s expectation that Yes to East King County PUD PAC follow the statutory contribution limits in all future campaigns. Additionally, Yes to East King County PUD PAC will be informed that the Commission will consider the formal written warning in deciding on further Commission action if there are future violations of PDC laws or rules.

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 08, 2023

Areas of Law

RCW 42.17A.220

Documents

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