WA State Machinists PAC: Alleged Violations of RCW 42.17A.235, .240 & .420 for failure to timely & accurately disclose contributions & expenditures on reports; & accepting over limit contributions within 21 days of elections (EY2019-2023, Aug23)

Case

#141601

Respondent

Washington State Machinists Council PAC

Complainant

Glen Morgan

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on August 19, 2023. The complaint alleged that Washington State Machinists Council PAC, a committee registered with the PDC during calendar years 2019, 2020, 2021, 2022 & 2023, may have violated RCW 42.17A.235 & .240: (1) for failure to timely file Monetary Contribution reports (C-3 reports) and Summary Full Campaign Contribution and Expenditure reports (C-4 reports) and; (2) RCW 42.17A.420 for accepting over limit contributions within 21 days of an election.

PDC staff reviewed the allegations and supporting documentation; the applicable statutes, rules, and reporting requirements; the response provided by legal counsel Abby Lawlor, on behalf of the Respondent; the applicable PDC reports filed by the Respondent; and queried the Respondent’s data in the PDC contribution and expenditure database, and other relevant information, to determine whether the record supports a finding of one or more violations.

It appears that although WSMC PAC did accept over limit contributions in excess of $5,000 during the 21 days prior to the general election in calendar years 2019, 2020 and 2022, the PAC either did not spend the funds received for election related expenditures or the funds spent had minimal impact on election related activity. In addition, these funds were received from an entity directly connected to the Respondent and are routinely given in October or November of each year. Regarding the allegation of late reporting, staff found a small number of original reports appeared to have been submitted late.

Staff found no evidence that WSMC PAC purposely filed late campaign reports or accepted over limit contributions in order to conceal its activities from the public or adversely affect the outcome of previous elections.

Based on our findings staff has determined that, in this instance, failure to timely file a small number of campaign reports dating back from calendar year 2019 forward, and acceptance of contributions in excess of $5,000 within the three weeks before the general election in 2019, 2020 and 2022, does not amount to a finding of a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), however, the Respondent will receive a formal written warning concerning failure to timely file reports disclosing campaign activity and for accepting over limit contributions during the 21 days prior to a general election. The formal written warning will include staff’s expectation that WSMC PAC timely files all future required reports of contributions and expenditures, and adherence to the prohibition on accepting contributions in excess of $5,000 before a general election. 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 is warranted and has dismissed all allegations in this matter in accordance with RCW 42.17A.755(1).

Disposition

Case Closed with Written Warning

Date Opened

August 29, 2023

Areas of Law

RCW 42.17A.235, RCW 42.17A.240, RCW 42.17A.420

Documents

• 141601 Washington State Machinists Council PAC Warning - Respondent.pdf
• 141601 Washington State Machinists Council PAC Response.pdf
• 141601 Washington State Machinists Council PAC Complaint.pdf