Question PAC: Alleged violation of RCW 42.17A.235 & .240 for failure to timely & accurately disclose contribution & expenditures and WAC 390-16-011A for failing to include PAC sponsor name. (AUG'23, EY'18-EY'21)

Case

#141456

Respondent

Question PAC

Complainant

Glen Morgan

Description

Pursuant to the notice of brief enforcement hearing (brief adjudicative proceeding) sent to Question PAC on March 27, 2024, a brief adjudicative proceeding was held on May 2, 2024 remotely from Olympia, WA. The purpose of the hearing was to consider whether Question PAC violated (1) RCW 42.17A.235 & .240 for failure to timely and accurately file Monetary Contribution reports (C-3 reports) and Summary Full Campaign Contribution and Expenditure reports (C-4 reports), disclosing contributions and expenditures undertaken by the Campaign as required when registered under the “Full Reporting” option; (2) RCW 42.17A.260 for failure to timely and accurately file Independent Expenditure reports (C-6 reports); (3) RCW 42.17A.265 for failure to timely disclose Last Minute Contributions (LMCs); and (4) WAC 390-16-011A for failure to include the sponsor name of the PAC on a Political Committee Registration Statement (C-1PC report).

CONCLUSIONS OF LAW

Based on the above facts, as a matter of law, the Presiding Officer concludes as follows:

1)This matter was duly and properly convened, and all jurisdictional, substantive, and procedural requirements have been satisfied.

2)Question PAC violated RCW 42.17A.235 & RCW 42.17A.240 by failing to timely and accurately file all C-3 and C-4 reports disclosing contributions and expenditures undertaken by the Campaign as required under the “Full Reporting” option and RCW 42.17A.265 by failing to file Last Minute Contribution reports.

ORDER

ON the basis of the foregoing Findings of Fact and Conclusions of Law,

1. IT IS HEREBY ORDERED that the Respondent shall file any missing campaign reports and correct any previously filed reports disclosing state or local campaign related activity, within 30 days of this Order and is assessed a total civil penalty of $300 ($150 for violation of RCW 42.17A.235 & .240 and $150 for violation of RCW 42.17A.265), in accordance with the Brief Enforcement penalty schedule set forth in WAC 390-37-143. 
2. It is further ordered that $100 of the $300 penalty is suspended on the following conditions:
3. The non-suspended portion of the penalty ($200) is paid by the Respondent within 30 days of the date of this Order.
4. The Respondent files any missing reports and corrects previously submitted campaign reports within 30 days of this Order.
5. It is further ordered that, if the Respondent fails to comply with any of the above conditions:
6. The full $300 penalty shall immediately become due without further action by the Commission and PDC Staff is directed to refer the matter to collections and/or commence other legal proceedings as authorized by RCW 42.17A and 390 WAC.
7. Any missing and corrected campaign reports shall be due immediately.
   
    

Disposition

Violation Found by Commission

Date Opened

August 25, 2023

Areas of Law

RCW 42.17A.235, RCW 42.17A.240, RCW 42.17A.260, RCW 42.17A.265, WAC 390-16-011A

Documents

• 141456 Question PAC Memo.pdf
• 141456 Question PAC BAP Order.pdf
• 141456 Question PAC BAP Hearing Notice.pdf
• 141456 Question PAC Response.pdf
• 141456 Question PAC Complaint.pdf
• 141456 Question PAC Supplemental Complaint.pdf
• 141456 Initial Hearing Results - Respondent.pdf

Penalties