Don Orange: Alleged violation of RCW 42.17A.430 by using Campaign funds to attend a political party committee fundraiser, in which a portion of the funds used resulted in a contribution to the committee. (EY'23; Aug'23)

Case

#141220

Respondent

Don Orange

Complainant

Glen Morgan

Description

A complaint was filed against the 2023 Don Orange Campaign alleging a violation of RCW 42.17A.430(8) by making an expenditure to attend a Clark County Democratic Party event and purchasing a table using campaign funds, with a portion of the expenditure generating a profit benefitting or a contribution being made to the party committee.

RCW 42.17A.430(8) states that “No candidate or authorized committee may transfer funds to any other candidate or other political committee.” Based on the statute, your complaint alleged the 2023 Don Orange Campaign (Campaign) made a prohibited contribution using 2023 active Campaign funds to the Clark County Democratic Party (CCDP).

On February 26, 2023, Don Orange filed a Candidate Registration with the PDC declaring his candidacy for re-election to the office of Port Commissioner for the Port of Vancouver, Position #1, in 2023, selecting the Full Reporting Option and listing Lisa McLain as Treasurer. Mr. Orange was elected Port Commissioner for the Port of Vancouver in the 2017 election cycle as a first-time candidate.

On June 3, 2023, the Campaign timely filed a Summary Full Campaign Contributions and Expenditures report (C-4 report) covering the period May 1 through 31, 2023, disclosing that a $1,249 expenditure was made to the CCDP on May 16, 2023, to purchase a “table for Democrat’s annual Ogden Dinner for campaign volunteers.”

Ms. McLain stated that the Campaign acknowledged purchasing a table at the annual CCDP dinner for $1,249, and that the Val Ogden dinner provided the candidate “a great opportunity … to get his name out there.” She stated Mr. Orange is seeking re-election to Vancouver Port Commissioner, which is a non-partisan race, but “his values are more in line with the Democratic party, and he wanted this chance to campaign with a group who would naturally support him in his race.”

Ms. McLain stated Mr. Orange used the CCDP dinner “as an opportunity to give something to the volunteers who work on his campaign, and the tickets were purchased as a thank you to these people.” CCDP acknowledged that the event table sponsors for the Ogden dinner, including Don Orange, were named as a “table sponsor” and that he was allowed to bring Campaign yard signs and contribution remittance envelopes to display to attendees on side tables. Ms. McLain stated the CCDP do not “share their email lists or provide any table sponsors access to their social media accounts.”

Ms. McLain further stated that the costs for the Val Ogden dinner are calculated against income from the past year’s dinner to determine what the price for the tickets would be for the next year. For the 2023 Val Ogden dinner, the CCDP estimated the cost to be $125 per person or $1,250 for a table of ten, and the estimate “would cover the cost of a reserved seat, the dinner, dessert and wine.” She stated that “the actual income made on each ticket this year was $11.26 (from each ticket) or $112.63 per table (of 10).”

On October 4, 2023, the Campaign filed a Monetary Contributions report (C-3 report) disclosing that on October 2, 2023, the Campaign received a $112.63 miscellaneous receipt from the CCDP, which was deposited into the Campaign bank account on October 4, 2023. The C-3 report filed by the Campaign included the following description for the miscellaneous receipt refund: “a refund for the amount paid for a table (10 seats) to the Clark County Democrats’ annual Ogden dinner. $112.63 ended up being the party's profit on the table and considered an unallowed campaign donation to the party so it was refunded.” In addition, Ms. McLain sent an email confirming the information listed above.

PDC staff did not find evidence of violations that would require conducting a more formal investigation into the complaint or pursuing further enforcement action in this instance.

In accordance with WAC 390-37-060(1)(d), PDC staff is issuing a formal written warning to the 2023 Don Orange Campaign concerning the requirement that no active Campaign funds can be used to make an expenditure to a political party committee, or any other political committee, that results in a contribution being made, or a profit being generated for an event. The Commission will consider this formal written warning in deciding on further Commission action if there are future violations of PDC laws and rules.

PDC staff is dismissing this matter in accordance with RCW 42.17A.755(1).

Disposition

Case Closed with Written Warning

Date Opened

August 18, 2023

Areas of Law

RCW 42.17A.430