Grays Harbor Democrats: Alleged violations of RCW 42.17A.205, .235, and .240 for failure to timely amend C-1pc to reflect sponsored name, and timely & accurately report contributions & expenditures (AUG'23, EY'18-'23)

Case

#141468

Respondent

Grays Harbor Democrats

Complainant

Glen Morgan, Conner Edwards

Description

This case alleged the following: 

• The complaints filed by Mr. Morgan alleged that Grays Harbor Democrats, a bona-fide county non-exempt party committee, may have violated RCW 42.17A.205(5), 235 and .240 by failing to timely update its Committee Registration (C-1pc report) to disclose the name of its sponsor in 2023, and timely and accurately file C-3 and C-4 reports disclosing contributions and expenditures for election years 2018-2022, including incomplete or inaccurate descriptions of expenditures and for a contribution received in 2018.
• Mr. Edwards’ complaints alleged that Grays Harbor Democrats may have violated RCW 42.17A.235 and .240 by failing to timely and accurately file C-4 reports for election year 2023, and C-3 and C-4 reports for 2024, including an incomplete description for an advertising expenditure made in 2024.

PDC staff reviewed the allegations and evidence submitted; the applicable statutes, rules, and reporting requirements; the responses provided by Grays Harbor Democrats (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 the attached findings, this case was resolved as follows:

Grays Harbor Democrats completed a Statement of Understanding (SOU) and paid a $300 civil penalty in accordance with WAC 390-37-143 (Brief Enforcement Penalty Schedule), acknowledging violations of RCW 42.17A.235 and .240 for failing to timely file the Post-Primary C-4 report and 21-day pre-General C-4 report for election year 2022, which collectively disclosed $6,105.84 in General election-related expenditures after the General election. The $300 penalty assessed resolves the allegations listed in these complaints.

Pursuant to WAC 390-37-060(1)(d), however, Grays Harbor Democrats also received a formal written warning concerning their failure to timely disclose contributions and expenditures in years 2020-2024, and maintain financial records as required. The formal written warning included staff’s expectation that, in the future, Grays Harbor Democrats will 1) timely and accurately file all required C-3 and C-4 reports disclosing the committee’s contributions and expenditures, especially during time-sensitive periods prior to elections; and 2) preserve the committee’s books of account and other financial records, including its ORCA (Online Reporting of Campaign Activity) data files, for five calendar years. The Commission will consider the formal written warning letter in deciding on further Commission action if there are future violations of PDC laws or rules.

PDC staff also reminded Grays Harbor Democrats about the importance of sufficiently disclosing expenditure descriptions on C-4 reports, including but not limited to, details regarding radio ads, TV ads, printed materials, the full name of candidates to whom contributions are made, and the vendors for reimbursed expenditures in accordance with PDC statutes, rules and guidance. 

The allegation regarding failure to identify a sponsor on the committee's C-1pc report was determined to be unfounded and was dismissed.

Based on this information, the PDC finds that no further action is warranted and has dismissed this matter in accordance with RCW 42.17A.755(1).

Disposition

Resolved through Statement of Understanding (SOU)

Date Opened

August 25, 2023

Areas of Law

RCW 42.17A.235, RCW 42.17A.240

Documents

• 141468 Grays Harbor Democrats Complaint.pdf
• 141468 Grays Harbor Democrats supplemental complaint.pdf
• 141468 Grays Harbor Democrats Initial Hearing Results (Respondent).pdf
• 141468 Grays Harbor Democrats Initial Hearing Results (Complainant).pdf
• 141468 Grays Harbor Democrats Response.pdf
• 141468 Grays Harbor Democrats Complaint 2.pdf
• 141468 Grays Harbor Democrats Response 2.pdf
• 141468 Grays Harbor Democrats SOU_Warning Letter.pdf
• 141468 Grays Harbor Democrats Complaint 3.pdf
• 141468 Grays Harbor Democrats Response 3.pdf
• 141468 Grays Harbor Dems signed SOU.pdf
• SOU - Case 141468 - Grays Harbor Democrats.pdf

Penalties