bob ferguson, attorney general jon tunheim, thurston county …... · 2019-04-02 · see attached...

Smith & Dietrich Law Offices PLLC

Members

Walter Smith Steve Dietrich

Address

400 Union Ave. SE Suite 200

Olympia, WA 98501

Telephone (360) 918-7230

September 1, 2017 Via Electronic Delivery

Bob Ferguson, Attorney General [email protected] Jon Tunheim, Thurston County Prosecuting Attorney [email protected] Tony Golik, Clark County Prosecuting Attorney [email protected] Re: Citizen Action Notice Against Clark County Republican Central Committee Dear Attorney General Ferguson and County Prosecuting Attorneys Tunheim and Golik, I write you to notify you that there is good reason to believe several violations of chapter 42.17A RCW, Washington State's campaign finance law, have been committed by the Clark County Republican Central Committee, a political committee (the "Respondent"), between 2015 and the present. Please note that, as provided by RCW 42.17A.765(4), in the event that you do not initiate an action against the Respondent within the applicable statutory notice periods for this Citizen Action Notice, I intend to satisfy any applicable notice requirements and proceed with an action in the name of the State. This message is being sent to each of you at the e-mail address you have provided to the Washington State Bar Association to ensure you receive notification of these allegations as required by RCW 42.17A.765(4).

This notice and the attached spreadsheet detail one hundred eighty three apparent violations of various provisions of Washington’s campaign finance law by the Respondent. The cumulative days late for all of the apparently untimely reporting included in this notice is 12,994 days as of today. The Respondent has apparently violated chapter 42.17A RCW as follows: A. Failure to timely file and/or amend Public Disclosure Commission form C-3 and C-4 reports ("Summary, Full Report Receipts and Expenditures" and “Cash Receipts Monetary Contributions”) (One Hundred Fifty-Six Apparent Violations) The Respondent filed an extraordinary volume of late reporting of its contributions and expenditures on forms C-3 and C-4 between 2015 and 2017. The attached spreadsheet identifies one hundred fifty-five apparent violations of the law requiring timely reporting of contributions and expenditures during this period. RCW 42.17A.235, .240. Notably, twenty-two reports due prior to the August 2017 primary election were not filed until after it was over; similar problems affected reporting for the 2016 general election (ten reports due beforehand, but filed after or not at all); the 2016 primary election (thirty-nine reports due beforehand, but filed after); and the 2015 general election (two reports

Citizen Action Notice re: Clark County Republican Central Committee September 1, 2017 |

due beforehand, but filed after). Included in the total are four Last Minute Contribution forms apparently due to be filed in 2016, which have not been filed to date. The apparent violations break down as follows:

TOTAL DAYS LATE / REPORTS (2015) 199

TOTAL DOLLAR VALUE LATE (2015) $155.50

TOTAL DAYS LATE / REPORTS (2016) 6,023

TOTAL DOLLAR VALUE LATE (2016) $167,057.96

TOTAL DAYS LATE / REPORTS (2017) 3,034

TOTAL DOLLAR VALUE LATE (2017) $76,524.24

GRAND TOTAL DAYS LATE / REPORTS (2015-17) 9,2561

GRAND TOTAL DOLLAR VALUES LATE (2015-17) $243,737.70

GRAND TOTAL NUMBER OF LATE REPORTS 156

B. Failures to timely report orders, debts, and obligations in Public Disclosure Commission form C-4 reports and Schedule B ("In Kind Contributions, Pledges, Orders, Debts, Obligations") (19 Apparent Violations) Respondent apparently filed no Schedule B reporting of in-kind contributions, debts, obligations, or orders from 2015 to the present. This would be appropriate if no orders, debts, or obligations exceeding $250 in value were incurred in any given reporting period, but paid in full at a later time. RCW 42.17A.235, .240. It appears, however, that unreported activity occurred, and that various reports of debts, orders, and obligations remain outstanding to date. In particular, it appears that each of the following 19 expenditures corresponds to an unreported order placed, debt, or obligation existing in a prior reporting period. The cumulative lateness for these outstanding Schedule B reports would be a total of at least 3,738 days as of today. The specific instances of apparent violations include the following:

1. (Three violations). Expenditures were reported of $6,000 to Hilton Hotel-Vancouver dated 3/2/17, apparently for a rental fee; and $1,700 to Simple Pleasures for an event manager, and $7,500 to Worldwide Speaker for speaker fees, dated 3/5/17. These expenditures apparently relate to the Lincoln Day Dinner held at the Hilton Hotel on

1 The days late figure is calculated as of today’s date, but the unfiled Last Minute Contribution forms are still outstanding and the daily delinquency continues to accrue.


June 24, 2017. If Respondent reserved space, an event manager, and a speaker for this event prior to the beginning of the March 2017 reporting period, then the transaction should have been disclosed on Schedule B but was not so reported. It is likely that a reportable debt, obligation, order, or loan for each of these expenditures would exist ahead of the reporting period in light of the attached screenshot from Respondent’s public Facebook page advertising the event as early as February 2017. The required reports would be due by March 10, 2017, and would be at least 175 days late as of today, and still outstanding.

2. (Two violations). Expenditures were reportedly paid to Vancouver Elks Lodge of $4,121.98 on 12/30/16, and $1,188.17 on 12/9/16, apparently for space rental for a pre-New Year’s Eve event held December 30, 2016. If Respondent reserved space for this event prior to the beginning of the December 2017 reporting period, then the transaction should have been disclosed on Schedule B but was not so reported. It is likely that a reportable debt, obligation, order, or loan for each of these expenditures would exist ahead of the reporting period in light of the attached screenshot from Respondent’s public Facebook page advertising the event as early as November 2016. The required report would be due by December 12, 2016, and would be at least 263 days late as of today, and still outstanding.

3. $3,365.76 expenditure to Club Green Meadows Golf Course dated 11/15/16, apparently for an election night event. If Respondent reserved space for this event prior to the beginning of the November 2016 reporting period, then the transaction should have been disclosed on Schedule B but was not so reported. It is likely that a reportable debt, obligation, order, or loan existed ahead of the reporting period because it is not normally possible to plan a major event like this in less than a month’s time. Additionally, see the attached screenshot showing this event was promoted on Respondent’s public Facebook page as early as October 19, 2016. The report would be due by November 1, 2016, making it 304 days late and still outstanding.

4. (Two violations). Expenditures were reported in the amounts of $5,590.60 to Simple Pleasures for “LDD Expenses” (dated 7/7/16); and $8,638.87 to Heathman Lodge for “LDD” (dated 6/13/16). The acronym LDD apparently refers to the Lincoln Day Dinner held by Respondent on June 4, 2016 at the Heathman Lodge. Clearly, Respondent reserved space for this event prior to the beginning of the June 2017 reporting period. See attached screenshot from Chair’s Newsletter dated March 29, 2016 (“We have the Heathman secured and a great Keynote Speaker, Bill Whittle.”).2 It appears these transactions should have been disclosed on Schedule B but were not so reported. The required reports would be due by April 11, 2016, and would be at least 508 days late as of today, and still outstanding.

5. An expenditure was reported in the amount of $730 to the Vancouver Business Journal for “Write-in Liz Pike-year old invoice overlooked now being paid” (dated 6/15/16). It appears Respondent carried a debt or obligation reportable on Schedule B for this amount during each reporting period in the previous year. The required reports would

2 For the full newsletter, see http://www.clarkrepublicans.org/from_the_chairman_s_desk_march_29_2016.


be due each month starting July 14, 2015, and the earliest would be at least 780 days late as of today, and still outstanding.

6. County Convention, March 12, 2016 (Three violations). Expenditures were reported in the amounts of $2,718.73 to 4imprint for “Convention” (dated 3/10/16), and $4,630.90 to the Clark County Events Center for “Convention” (dated 3/11/16; another payment to the Center for “Convention” in the amount of $2,517.75 was dated 3/24/16). The Respondent held its county convention on March 12, 2016. Apparently, Respondent reserved and arranged for space and services for this event prior to the beginning of the March 2016 reporting period, as it would be necessary to give sufficient advance notice to be assured the event could occur on March 12. See also payment to Jeffrey Osarka of $1,600 dated 12/7/16 for “County Convention.” It appears these transactions should have been disclosed on Schedule B but were not so reported. The required reports would be due by March 10, 2016, and would be at least 540 days late as of today, and still outstanding.

7. Party Caucuses, February 20, 2016 (Four violations).3 Expenditures were reported in the amounts of $1,056 to Battle Ground School District for “Caucus” (dated 3/29/16); $1,980 to Vancouver School District for “Caucus” (dated 2/29/16); $398 to Camas School District for “Caucus” (dated 2/22/16); and $1,681.82 to Evergreen School District for “Caucus” (dated 2/19/16). The Respondent held its caucuses on February 20, 2016. Apparently, Respondent reserved and arranged for space and services for this event prior to the beginning of the February 2016 reporting period, as it would be necessary to give sufficient advance notice to be assured the event could occur on February 20. Additionally, the spaces for the caucuses were already apparently arranged by January 2016 because they were publicly advertised at that time. See footnote 2. It appears these transactions should have been disclosed on Schedule B but were not so reported. The required reports would be due by February 10, 2016, and would be at least 569 days late as of today, and still outstanding.

8. New Year’s Eve event, December 2015 (Three violations). Respondent reportedly paid $2,112.32 to Vancouver Elks Lodge for a New Year’s Eve event (dated 1/7/16), and an additional $4,121.98 to the same vendor for the same purpose (dated 12/30/15), plus a final payment to the same vendor for the same purpose of $1,188.17 (dated 12/9/15). The Respondent held a New Year’s Eve party at the Vancouver Elks Lodge on December 30, 2015. Apparently, Respondent reserved and arranged for space and services for this event prior to the beginning of the January 2016 reporting period (and very likely before the beginning of the December 2015 period). This was a major event, and it would be necessary to give sufficient advance notice to be assured the event could occur on December 30. At a minimum, the unpaid balance from the December event should have been reported on Schedule B in December 2015. The required report(s) would be due by no later than January 11, 2016, and would be at least 599 days late as of today, and still outstanding.

3 The full list of schools involved in the caucuses is here: http://www.clarkrepublicans.org/2016_clark_county_gop_caucus_locations?utm_campaign=gen_2016_01_19&utm_medium=email&utm_source=clarkrepublicans.


C. Reported acceptance of contributions from candidate authorized committees (8 apparent violations) The Respondent reported receiving contributions from the candidate authorized committee Friends to Elect Liz Pike in the following amounts: $330 (1/6/17); $200 (11/9/16); $1,000 (11/2/16); and $500 (10/17/16). Respondent also reportedly received contributions from authorized committees Friends of Eileen Quiring ($500 dated 11/9/16); Brumback for Liberty ($800 dated 9/13/16); Campaign to Elect Paul Harris ($100 dated 3/15/16); and David Madore for County Commissioner ($15,000 dated 9/9/15). By law, “No candidate or authorized committee may transfer funds to any other candidate or other political committee.” RCW 42.17A.430(8). On their face, these are prohibited contributions. Either the Respondent must now file overdue reporting to reflect that these transactions are not in fact contributions from authorized committees, or it would appear that several violations of section .430(8) have occurred. I await your position as to whether there is reasonable cause for a civil enforcement action based on these allegations, and whether you will file such an action in the name of the State. Sincerely,

Walter M. Smith Enclosures: Microsoft Excel spreadsheet identifying reporting violations

Facebook posts dated 2/18/17, 11/23/16, 10/19/16 Detail from newsletter dated 3/29/16

cc: Linda A. Dalton, Senior Counsel, Attorney General’s Office (via e-mail) Public Disclosure Commission staff (via e-mail)

Number Report Type Date Filed Amd. Report due Report days late (C3's: Deposit date if weekly) (C3's: Deposit days late) Amount reported (total contributions for C3 / expenditures for C4)100671733 C3 12/11/2015 N 11/2/2015 39 20.00

100671737 C3 12/11/2015 N 11/9/2015 32 20.00

100671736 C3 12/11/2015 N 11/9/2015 32 10.00

100671735 C3 12/11/2015 N 11/9/2015 32 85.50

100671734 C3 12/11/2015 N 11/2/2015 39 10.00

100671747 C3 12/11/2015 N 11/16/2015 25 10.00

199.00

0.00155.50

TOTAL DAYS LATE / REPORTS (2015)TOTAL DAYS LATE / DEPOSITS (2015)TOTAL DOLLAR VALUE LATE (2015)


100695487 C3 5/14/2016 N 4/10/2016 34 20.00

100695483 C3 5/14/2016 N 4/10/2016 34 525.00

100695493 C3 5/14/2016 N 4/10/2016 34 511.50

100695488 C3 5/14/2016 N 4/10/2016 34 50.00

100695484 C3 5/14/2016 N 4/10/2016 34 5.00

100695497 C3 5/14/2016 N 4/10/2016 34 40.00

100695499 C3 5/14/2016 N 4/10/2016 34 65.02

100695495 C3 5/14/2016 N 4/10/2016 34 45.00

100695498 C3 5/14/2016 N 4/10/2016 34 20.00

100695496 C3 5/14/2016 N 4/10/2016 34 40.00

100695492 C3 5/14/2016 N 4/10/2016 34 10.00

100695486 C3 5/14/2016 N 4/10/2016 34 15.00

100695494 C3 5/14/2016 N 4/10/2016 34 1886.00

100695489 C3 5/14/2016 N 4/10/2016 34 283.00

100695490 C3 5/14/2016 N 4/10/2016 34 19.00

100695485 C3 5/14/2016 N 4/10/2016 34 20.00

100695482 C3 5/14/2016 N 4/10/2016 34 512.50

100695481 C3 5/14/2016 N 4/10/2016 34 2164.00

100695480 C3 5/14/2016 N 4/10/2016 34 1538.50

100695479 C3 5/14/2016 N 4/10/2016 34 1571.50

100695478 C3 5/14/2016 N 4/10/2016 34 5696.00

100695477 C3 5/14/2016 N 4/10/2016 34 10912.00

100695476 C3 5/14/2016 N 4/10/2016 34 5090.50

100695475 C3 5/14/2016 N 4/10/2016 34 25.00

100695474 C3 5/14/2016 N 4/10/2016 34 10.50

100719247 C3 9/7/2016 N 8/1/2016 37 257.00

100719243 C3 9/7/2016 N 7/18/2016 51 210.00

100719242 C3 9/7/2016 N 7/18/2016 51 179.00

100719244 C3 9/7/2016 N 7/18/2016 51 25.00

100719241 C3 9/7/2016 N 7/18/2016 51 1515.00

100719240 C3 9/7/2016 N 7/18/2016 51 20.00

100719206 C3 9/7/2016 N 6/13/2016 86 5630.00

100719203 C3 9/7/2016 N 6/27/2016 72 100.00

100719216 C3 9/7/2016 N 7/11/2016 58 5.00

100719189 C3 9/7/2016 N 6/13/2016 86 105.00

100719208 C3 9/7/2016 N 6/20/2016 79 1108.00

100719193 C3 9/7/2016 N 6/6/2016 93 5.00

100719214 C3 9/7/2016 N 7/11/2016 58 10.50

100719200 C3 9/7/2016 N 6/20/2016 79 5.00

100719209 C3 9/7/2016 N 6/13/2016 86 22.98

100719213 C3 9/7/2016 N 7/4/2016 65 97.00

100719196 C3 9/7/2016 N 6/13/2016 86 32645.50

100719210 C3 9/7/2016 N 6/20/2016 79 500.00

100719204 C3 9/7/2016 N 7/4/2016 65 20.00

100719199 C3 9/7/2016 N 6/13/2016 86 1020.00

100719198 C3 9/7/2016 N 6/13/2016 86 25.00

100719218 C3 9/7/2016 N 7/18/2016 51 20.00

100719215 C3 9/7/2016 N 7/11/2016 58 25.00

100719217 C3 9/7/2016 N 7/11/2016 58 10.00

100719212 C3 9/7/2016 N 7/4/2016 65 12.45

100719207 C3 9/7/2016 N 6/20/2016 79 5000.00

100719205 C3 9/7/2016 N 6/6/2016 93 1900.00

100719202 C3 9/7/2016 N 6/27/2016 72 15.00

100719201 C3 9/7/2016 N 6/27/2016 72 20.00

100719197 C3 9/7/2016 N 6/13/2016 86 162.00


100719194 C3 9/7/2016 N 6/13/2016 86 20.00

100719188 C3 9/7/2016 N 6/13/2016 86 855.00

100719192 C3 9/7/2016 N 6/6/2016 93 25.00

100719187 C3 9/7/2016 N 6/6/2016 93 335.00

100719186 C3 9/7/2016 N 6/6/2016 93 285.00

100719246 C3 9/7/2016 N 8/1/2016 37 15.00

100719257 C3 9/8/2016 N 8/8/2016 31 45.00

100719261 C3 9/8/2016 N 8/22/2016 17 1928.50

100719254 C3 9/8/2016 N 8/8/2016 31 25.00

100719255 C3 9/8/2016 N 8/8/2016 31 25.00

100719252 C3 9/8/2016 N 8/1/2016 38 20.00

N/A LMC As of today N 8/3/2016 394+ days Randy Stewart contrib 1000.00

100719256 C3 9/8/2016 N 8/8/2016 31 100.00

100719253 C3 9/8/2016 N 8/8/2016 31 1000.00

100722041 C3 9/20/2016 N 6/13/2016 99 95.00

100728490 C3 10/18/2016 N 9/14/2016 34 20.00

100728495 C3 10/18/2016 N 9/14/2016 34 412.00

100728492 C3 10/18/2016 N 9/14/2016 34 20.00

100728489 C3 10/18/2016 N 9/7/2016 41 5.00

100728496 C3 10/18/2016 N 9/14/2016 34 1328.87

100728491 C3 10/18/2016 N 9/14/2016 34 10.00

100728488 C3 10/18/2016 N 9/7/2016 41 25.00

N/A LMC As of today N 10/26/2016 310+ days Clyde Holland contrib 4999.00

N/A LMC As of today N 10/30/2016 306+ days House Repub Org Comm contrib 5000.00

N/A LMC As of today N 11/4/2016 301+ days Friends of Liz Pike contrib 1000.00

100739223 C3 12/30/2016 N 11/7/2016 53 250.00

100739225 C3 12/30/2016 N 11/14/2016 46 560.00

100739230 C3 12/30/2016 N 11/14/2016 46 1068.00

100739228 C3 12/30/2016 N 11/7/2016 53 1000.00

100739222 C3 12/30/2016 N 11/7/2016 53 5.00

100739224 C3 12/30/2016 N 11/7/2016 53 15.00

100739227 C3 12/30/2016 N 11/7/2016 53 225.00

100739229 C3 12/30/2016 N 11/7/2016 53 405.00

100739221 C3 12/30/2016 N 11/7/2016 53 50.00

100695500 C4 5/14/2016 N 4/11/2016 33 30840.89

100719219 C4 9/7/2016 N 7/12/2016 57 27919.69

100719248 C4 9/7/2016 N 7/26/2016 43 5205.49

5629.00

0.00

168057.96

3/10/2017 9/1/2017 175

12/12/2016 9/1/2017 263

11/1/2016 9/1/2017 304

4/11/2016 9/1/2017 508

7/14/2015 9/1/2017 780

3/10/2016 9/1/2017 540

2/10/2016 9/1/2017 569

1/11/2016 9/1/2017 599


Number Report Type Date Filed Amd. Report due Report days late (C3's: Deposit date) (C3's: Deposit days late) Amount reported (total contributions for C3 / expenditures for C4)100756459 C4 (exempt) 4/14/2017 N 2/10/2017 63 207.00

100760593 C4 (exempt) 5/15/2017 N 3/10/2017 66 511.35

100760594 C4 (exempt) 5/15/2017 N 4/10/2017 35 1435.19

100782892 C4 (exempt) 8/19/2017 N 7/11/2017 39 6034.00

100782893 C4 (exempt) 8/19/2017 N 7/25/2017 25 0.00

100756461 C3 4/14/2017 N 2/10/2017 63 5.00

100756464 C3 4/14/2017 N 2/10/2017 63 255.00

100756466 C3 4/14/2017 N 2/10/2017 63 150.00

100756465 C3 4/14/2017 N 2/10/2017 63 15.00

100756467 C3 4/14/2017 N 2/10/2017 63 4317.69

100756463 C3 4/14/2017 N 2/10/2017 63 170.00

100756462 C3 4/14/2017 N 2/10/2017 63 15.00

100760812 C3 5/15/2017 N 3/10/2017 66 430.00

100760817 C3 5/15/2017 N 4/10/2017 35 1140.00

100760810 C3 5/10/2017 N 3/10/2017 61 10.00

100760811 C3 5/15/2017 N 3/10/2017 66 10.00

100760823 C3 5/15/2017 N 4/10/2017 35 30.00

100760821 C3 5/15/2017 N 4/10/2017 35 145.00

100760820 C3 5/15/2017 N 4/10/2017 35 10.00

100760819 C3 5/15/2017 N 4/10/2017 35 15.00

100760824 C3 5/15/2017 N 4/10/2017 35 15.00

100760825 C3 5/15/2017 N 4/10/2017 35 1181.00

100760822 C3 5/15/2017 N 4/10/2017 35 45.00

100760818 C3 5/15/2017 N 4/10/2017 35 760.00

100760815 C3 5/15/2017 N 3/10/2017 66 2960.00

100760813 C3 5/15/2017 N 3/10/2017 66 25.00

100760814 C3 5/15/2017 N 3/10/2017 66 15.00

100760809 C3 5/15/2017 N 3/10/2017 66 15.00

100760991 C3 5/16/2017 N 3/10/2017 67 1897.91

100765044 C3 6/1/2017 N 4/10/2017 52 1240.00

100765040 C3 6/1/2017 N 4/10/2017 52 1140.00

100765043 C3 6/1/2017 N 4/10/2017 52 9455.00

100781452 C3 8/9/2017 N 6/10/2017 60 1440.00

100781449 C3 8/9/2017 N 6/10/2017 60 2237.00

100781445 C3 8/9/2017 N 6/10/2017 60 45.00

100781450 C3 8/9/2017 N 6/10/2017 60 652.00

100781448 C3 8/9/2017 N 6/10/2017 60 15.00

100781454 C3 8/9/2017 N 6/10/2017 60 82.13

100781453 C3 8/9/2017 N 6/10/2017 60 312.00

100781451 C3 8/9/2017 N 6/10/2017 60 712.00

100781443 C3 8/9/2017 N 6/10/2017 60 15.00

100781447 C3 8/9/2017 N 6/10/2017 60 30.00

100781444 C3 8/9/2017 N 6/10/2017 60 10.00

100781446 C3 8/9/2017 N 6/10/2017 60 35.00

100782898 C3 8/20/2017 N 6/19/2017 62 65.00

100782899 C3 8/20/2017 N 6/19/2017 62 35.00

100782900 C3 8/20/2017 N 7/3/2017 48 265.00

100782894 C3 8/20/2017 N 7/31/2017 20 93.80

100782897 C3 8/20/2017 N 6/12/2017 69 10.00

100782896 C3 8/20/2017 N 6/12/2017 69 15.00

100782895 C3 8/20/2017 N 6/5/2017 76 576.00

100756468 C4 4/14/2017 N 2/10/2017 63 5092.80

100760588 C4 5/14/2017 N 3/10/2017 65 3229.67

100760589 C4 5/14/2017 N 4/10/2017 34 19414.14

100765046 C4 6/1/2017 N 5/10/2017 22 3881.30

100781455 C4 8/9/2017 N 6/10/2017 60 4607.26

Number Report Type Date Filed Amd. Report due Report days late (C3's: Deposit date) (C3's: Deposit days late) Amount reported (total contributions for C3 / expenditures for C4)

3034.00

0.00

76524.24

8862.00

0.00

244737.70

155GRAND TOTAL NUMBER OF LATE REPORTS


GRAND TOTAL DAYS LATE (2015-17)GRAND TOTAL DAYS LATE / DEPOSITS (2015-17)GRAND TOTAL DOLLAR VALUES LATE (2015-17)

bob ferguson, attorney general jon tunheim, thurston county …... · 2019-04-02 · see attached...

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