Merritt, Evan: Alleged violation of RCW 42.17A.205, 235 & .240 and WAC 390-16-125 for exceeding mini limits, failure to register as full reporting & failure to disclose contributions & expenditures (AUG'23, EY'19)

Case

#141815

Respondent

Evan Merritt

Complainant

Glen Morgan

Description

The Public Disclosure Commission (PDC) has completed its review of the complaint filed on August 26, 2023. The complaint alleged that Evan Merritt, a candidate for Fire Commissioner for Snohomish County Fire Protection District 04, Position 1, may have violated RCW 42.17A.205, .235 and .240 and WAC 390-16-125 for accepting a contribution in excess of the $500 per donor aggregate amount thereby exceeding the mini reporting limits without registering and filing 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 under the “Full Reporting” option.

PDC staff reviewed the allegations; the applicable statutes, rules, and reporting requirements; the response provided by the Respondent; the applicable PDC reports filed by the Respondent; 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.

The circumstances in this case were mitigated by the fact that the Respondent was a first-time candidate and acted as his own Treasurer and only Campaign Officer. In addition, given the length of time since the contributions were initially received, Mr. Merritt’s options for refunding the overlimit contribution were limited. Finally, the Respondent used personal funds to refund the contribution. It appears that the exceeding of mini reporting limits was due to the limited experience of the Respondent and not done intentionally to mislead the public.

Based on our findings staff has determined that, in this instance, acceptance of a monetary contribution above the $500 per donor aggregate limit while registered under the “Mini Reporting” option that was subsequently refunded does not support a finding of a violation that warrants further investigation.

Pursuant to WAC 390-37-060(1)(d), however, Evan Merritt will receive a formal written warning concerning acceptance of a monetary contribution exceeding the $500 limit for campaigns registered under the “Mini Reporting” option. The formal written warning will include staff’s expectation that Mr. Merritt strictly adheres to the contribution and expenditure limits while registered under mini reporting or timely requests to switch to the “Full Reporting” option and files all required reports of contributions and expenditures. 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 this matter in accordance with RCW 42.17A.755(1).

Disposition

Case Closed with Written Warning

Date Opened

September 05, 2023

Areas of Law

WAC 390-16-125