Lewis County Democratic CC - Non-Exempt: Alleged Violations of RCW 42.17A.205, .235 & .240 for failure to file up to date registration listing current officers; failure to timely & accurately disclose contributions & expenditures on reports (EY23, Aug23)

Case

#141449

Respondent

Lewis County Democratic Central Committee - Non Exempt Account

Complainant

Glen Morgan

Description

• Allegation One: Violations of RCW 42.17A.205 for failure to file up to date registration (C-1pc report) listing current officers
• Allegation Two: Violations of RCW 42.17A.235 & .240 for failure to timely & accurately disclose contributions & expenditures on C-3 and C-4 reports

The PDC dismissed this matter in accordance with RCW 42.17A.755(1) and will not be taking further enforcement action in this matter.

However, pursuant to WAC 390-37-060(1)(d), the dismissal letter serves as a formal warning concerning LCDCC’s failure to timely file under the Full Reporting Option, which was required after the committee failed to confirm its intent to remain under the Mini Reporting Option. Staff expects Lewis County Democratic Central Committee to timely file reports of contributions and expenditures when under the Full Reporting Option. The Commission will consider the formal written warning in deciding on further Commission action if there are future violations of PDC laws or rules. Pertinent facts are shown below:

• On January 15, 2019, Lewis County Democratic Central Committee (LCDCC) selected, for its Non-Exempt account, the Mini reporting option. LCDCC stated that they complied with the contribution and expenditure requirements for Mini filers following January 15, 2019, including calendar year 2022, even though they did not confirm on their committee registration in subsequent years their intent to remain under Mini reporting.

• LCDCC failed to confirm, each January, the committee’s intent to remain under the Mini Reporting Option.

• On 3/29/2023, LCDCC asked to move from Full reporting to Mini reporting. Then, on 4/23/2023, Carol Brock, chairperson of LCDCC, requested permission to change from Mini to Full reporting. Reports were filed for 2023 and permission was granted on 7/11/2023 to file under Full reporting.

• C-4 reports for the period 1/1/2023 – 5/31/2023 were filed on 5/31/2023 and 6/2/2023 and included $2,309 in contributions received and $1,065 in expenditures made. The May report was filed timely, and the January through April reports were filed between 21 days and three months, 21 days late. LCDCC timely filed its June C-4 report on 7/6/2023 that included $142 in contributions received and $578 in expenditures made.

• LCDCC stated that the committee registration filed with the PDC was updated timely and accurately when there was a change in committee officers. The committee cited as examples the resignations of Pete and Cheryl Hammer and the name change for Wynne McHale.

• LCDCC stated the committee updated its committee registration timely when the transfer of officers was made on June 23, 2023. They stated the committee registration did not match the "Lewis County Democrats" website, as mentioned in the complaint, because the committee’s website had not been updated to reflect the changes. The committee said the registration information with the PDC correctly lists the current officers and said they were working with their website administrator to have the officer list updated. The most recent committee registration lists the same officers as the Lewis County Democrats website.

• LCDCC stated that when entering records for the receipt of in-kind contributions, the PDC’s ORCA software program had no field to report the details from vendor receipts. The committee stated they were providing vendor detail as part of the in-kind description and are now also including vendor addresses in their descriptions.

• LCDCC stated they have not had any auctions, nor have they resold any items received as in-kind contributions. The committee also noted that in consulting with PDC staff, it was their understanding that reporting the address for Vendors when reporting in-kind contributions was a suggested practice rather than a requirement. LCDCC stated that in spite of this understanding, they are now including vendor addresses when reporting the receipt of in-kind contributions and will continue to do so in the future.

• LCDCC wrongly assumed they would remain under the Mini Reporting Option until they changed to Full Reporting, not appreciating that to remain under Mini reporting, the committee must affirm, each January on a committee registration, its intent to remain a Mini filer and that failure to do so results in being subject to the requirements of the Full Reporting option.

Disposition

Case Closed with Written Warning

Date Opened

August 25, 2023

Areas of Law

RCW 42.17A.235, RCW 42.17A.240

Documents

• 141449 Response to Complaint.pdf
• 141449 Initial Hearing Results - Respondent.pdf
• 141449 Lewis Cty Dem CC Complaint.pdf
• 141449 Initial Hearing Results - Complainant.pdf
• 141449 Combined Case Closure Letter.pdf