It can be hard to look away from the joys and wonder of Washington State's campaign finance laws

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This has been an exciting few months in the world of campaign finance “reform” in Washington State.  New records have been set, a plethora of investigations have been initiated, ignorant/pointless legislation is proposed, and occasionally something interesting happens. Here are a few highlights worth reviewing.  This author has filed the 428th PDC complaint a few hours ago, which is an exciting new milestone and new state record for the most campaign finance complaints filed by one person in state history.  This author also was the recipient of the largest number of PDC complaints ever filed against one person at one time in state history – 45 complaints (linked here)These are exciting new records and it appears unlikely anyone else wants to break either record soon.

Tina Podlodowski is not enjoying the Washington State Campaign Finance laws

In a recent state-wide conference call with Democratic Party officials from around the state, Democratic Party Chair Tina Podlodowski (See PDC complaint this author filed on her and which is still being investigated by the PDC)spent a decent amount of time complaining about this author and warning the good Democratic Party officials that the “boogeyman” (i.e. this author) would get them for their violations of the state’s campaign finance laws.  Hopefully, they take her warnings to heart and at least pretend to make an effort to comply.  This would free up a lot of this author’s time if they follow the rules.  However, it seems more likely a whole new crop of PACs, judges, and politicians will get to experience the joys and wonder of the state’s campaign finance laws despite this author’s eternal hope they comply with the law voluntarily.

PDC issues a handful of fines

Let’s start with enforcement.  As frequent readers know, this author has managed to expose a decent number of politicians, candidates, PACs, unions, judges, and others violating Washington State’s campaign finance laws.  For a recent list of those who have fallen far short of regulatory compliance, transparency, and glory, you can find an updated list of the last 83 who have been fined, sued, settled, or just had their wrists slapped linked here. These are just the ones this author recently exposed.

For many people, interacting with the PDC can be scary.

Many people view the micro fines issued by the PDC as paltry and well worth the cost of breaking the state’s campaign finance laws.  However, for the recipients of the PDC’s attention, these fines mean something more than just a slap on the wrist. For some the fines are badges of honor, they can flaunt their disregard for the law, while the downside is minimal.  For others, the investigation itself was traumatic, and the fine merely the final insult to the injury of the original PDC scrutiny.  Judge for yourself.

The 25th Legislative District Democrats PAC was fined $750 for a variety of late reporting problems and effectively hiding donors and expenditures frequently and repetitively.  The original complaint was filed by this author on  October 29, 2018, linked here. The PDC issued a fine of $750, and drafted a Statement of Understanding and warning letter (linked here) on January 28, 2019.  To the PDC staff’s credit, this was rapid turnaround, and I confess I forgot I even filed this complaint.  Oddly enough, on the PDC enforcement list, the resolution is listed as “warning letter,” but as seen in the link, they were actually fined for their failure to follow the law.

The Active in Democracy PAC was caught. The original PDC complaint was also filed by this author on October 29, 2018, linked here (I was bored that night). The PDC issued a fine of $300, and drafted a Memoranda of Understanding (linked here) on January 18, 2019.  While their failure to timely file their contributions and expenditures, and thereby concealing these from the public was clear, it remains less clear exactly what this PAC supports.  Here are a few others exposed by this author and fined by the PDC in the last few months:

Shir Regev had a tough time following the law when she ran her failed campaign for state legislature (8th LD)
  1. Shir Regev – candidate for state legislature (8th LD). Original PDC complaint filed by this author on October 29, 2018, linked herePDC issued a fine of $300, and drafted a Memoranda of Understanding (linked here) on December 12, 2018.  This candidate just didn’t know what they were doing while running for office.  With a little more help, Regev might be able to follow the law next time, but this is certainly the hard way to learn the law.
  2. George Hurst, candidate for Mayor on Lynwood City Council. Original PDC complaint filed by this author on April 11, 2018, linked herePDC issued a fine of $300, and drafted a Memoranda of Understanding (linked here) on November 9, 2018
  3. $15 Now Tacoma PAC – Original PDC complaint filed by this author on June 21, 2018 linked herePDC issued a fine of $150 on September 14, 2018 along with a Memoranda of Understanding (linked here).  They got off light and easy.
  4. Tamborine Borrelli candidate for State Senate (2nd LD). Original PDC complaint filed by this author on June 19, 2018 linked herePDC issued a fine of $300, and drafted a Memoranda of Understanding (linked here) on September 4, 2018. The PDC also sent over a formal Warning Letter on September 11, 2018 (linked here).  This author has become a fan of Borrelli since this complaint was originally filed, and I’m optimistic and hopeful she will run for office again soon.
  5. LM PAC – Original PDC complaint filed by this author April 10, 2018 linked here. PDC issued a fine of $300, and drafted a Memoranda of Understanding (linked here) on November 12, 2018. Note: This PAC was managed by Democrat Representative Laurie Jenkins (27th LD) (who signed the MOU on behalf of the PAC).  This appears to be one of those scary “Dark Money” PACs various Democratic Legislators and State Senators have been warning us about, but they aren’t worried about this one because this PAC is one of their own.
Representative Laurie Jenkins (27th LD) ran LM PAC, and was fined for breaking the law
Senator John McCoy
(38th LD)

Another notable PDC fine was the recent wrist slap against Democrat Senator John McCoy (38th Legislative District).   A decent complaint was filed against Senator McCoy (linked here – note: unusually, this complaint was not filed by this author) and PDC staff concluded that Senator McCoy did indeed conceal $38,000+ worth of donations for many years.  He also concealed years of expenditures.  Nearly every dollar of these concealed donations came from PACs and special interests who lobbied McCoy during this time, but the public never knew these organizations were funding his campaign.  In the end, he was fined $5,000 with $2500 deferred (linked here).  Based on a quick review of other campaign finance cases, for a sitting and experienced state senator, this is probably one of the most egregious case of a sentor’s campaign finance violations in recent times.  Large PACS and political committees have committed larger violations, but McCoy’s case was dramatic and impressive for a state senator.  In the end, McCoy’s fine was less than what it woud cost him to hire a competent treasurer, so breaking the law was a good investment.  It is unlikely a Republican would ever get this kid glove treatment with this same fact pattern.  Of course, if this had been Tim Eyman, they would have put him in prison for life.  However, the enforcement of these rules can be very different for different people.

PDC warnings and a stealth county commissioner candidate in hot water

The enforcement of Washington State’s campaign finance laws (RCW 42.17A) is more constrained after the “Stop Glen Morgan Bill” (HB 2938) was passed last year, campaign finance violators are more likely to get warnings than fines or lawsuits now (except for Tim Eyman, of course).   A short list of the last 40 warning letters to violators exposed by this author which have been sent over the past few months is included at the end of this article.  Please note this list doesn’t include technical corrections or “reminder” letters.

Sheryl Miller didn’t even bother to try to follow the law when she ran for Pend Oreille County Commissioner last year

Additionally, an interesting case where a total stealth candidate in Pend Oreille County named Sheryl Miller who was running for County Commissioner in a very competitive race proceeds through the legal discovery process at the PDC.  This candidate prevailed in the primary election last year, but lost the race in the November election.  Miller never filed any campaign finance documents, hiding all contributions and expenditures to her campaign the entire year.  PDC staff initiated a complaint against her (linked here) which resulted in a $250 fine (linked here).  Another person initiated a complaint against her (linked here), which resulted in a warning letter from the PDC (linked here). 

This was Sheryl Miller’s secret stealth mailer, which apparently went to every voter in the county, but was never reported or disclosed to the PDC

That complaint was about a county-wide mailer Miller sent during the campaign with no information about who paid for the mailer or any other legal information required on the mailer.  Finally, as referenced in that warning letter, this author filed a complaint (linked here) against Miller, which has resulted in at least one Subpoena for records (linked here), and clear frustration by PDC staff with Miller’s total unwillingness to comply with ANY campaign finance laws.  This will be an interesting case because, although Miller lost this race in the end, her actions clearly  changed the outcome of the election during the primary and it will be a good test case to see if the PDC is willing to issue any penalties to losing candidates who might be willing to run kamikaze campaigns in the future (at least a local level) presuming no real penalties will ever be levied against them (unless they are Tim Eyman, of course).

Lots of rage, attorneys, and hype, but 45 PDC complaints against Glen Morgan fail, new state record

This author dared to participate in the political circus last year with a few small PACs and a few small mailers.  While millions of dollars were spent on mailers last year, only this author’s minor efforts generated “rage,” anger, media coverage (even national coverage by Rachel Maddow on MSNBC – see here), and an unusual double-standard of reporting exposed by local bloggers like this one by Shawn Vestal from the Spokane area.  This exceptional earned media attention helped the author achieve another state record in the joyous world of campaign finance law with a total of 45 complaints filed against me – mostly in a one-week window.  This was very exciting, and it was a far easier state record to win than this author’s current growing record for largest number of PDC complaints filed by one person. 

Thanks to people like Department of Ecology employee Paul Pickett, we were able to break another state record

These helpful complainants, without whom I could not have achieved this record, included an all-star cast including convicted drug dealer (see here), stock swindler (see here), and former Thurston County Democratic Party Treasurer (and campaign finance violator in his own right) Joe Hyer, elected officials like Olympia Port Commissioner EJ Zita (who is also a serial violators of campaign finance laws – see here and here), Thurston County Conservation District Supervisor, and Department of Ecology employee Paul Pickett (who didn’t like this article I wrote about his effort to cover up corruption), unions, law firms (see here and here), and random enraged Democratic Party activists from all around Washington State.

Without their help, we would never have broken the state record

Their collective effort and energy made it possible to set this new state record, and while it would have been even more exciting to collect a larger volume of PDC complaints, it is not as easy as people might imagine.  I want to thank all those who took the time, did the research, and paid those attorneys to file these complaints.  None of these complaints were able to determine any significant violations by this author and they were all eventually dismissed a few days ago (see here), but at least a lot of new people took the time to try. Their efforts were not in vain.  A new state record has been set, and this should serve as some consolation for the various group efforts involved here.  Let’s see if we can top this number next time. 

While this author is convinced that more reform is needed in the state’s campaign finance laws, none of these reforms are likely to get through the current state legislature, which has only proposed rules to make the laws even more tortuous for those who dare to participate in the political process.  Regardless, there is always hope that sanity can eventually be introduced to the world of campaign finance law.  Until then, this author will keep working to set new records and keep the public informed on the exciting, random and unpredictable world of Washington State’s wonderous campaign finance laws.


OUR CONSTITUTION BEGINS WITH THE PHRASE “WE THE PEOPLE.”  IT WAS THE FOUNDER’S INTENT THAT GOVERNMENT BE CREATED BY THE PEOPLE, TO SERVE THE PEOPLE.  IT WASN’T THEIR INTENTION FOR THE PEOPLE TO SERVE THE GOVERNMENT.  IT WAS ALWAYS INTENDED THAT GOVERNMENT WHICH FAILED TO SERVE THE PEOPLE SHOULD BE “ALTERED OR ABOLISHED.”  UNTIL WE RETURN TO THE FOUNDER’S INTENT, WE REMAIN WE THE GOVERNED

List of Recent PDC Warnings Initiated by this Author’s complaints:

  1. Kathryn Campbell (SeaTac City Council). Original PDC complaint filed by this author April 17, 2017 (linked here). PDC sent warning letter on January 31, 2019 (linked here).Note: Due to the PDC running out the clock, by their own admission, many of the 2013 violations detailed in the complaint would have been material violations worth fines, but by the time they sent this letter the statute of limitations had expired.
  2. 45th Legislative District Democrats. Original PDC complaint filed by this author October 29, 2018 (linked here). PDC sent warning letter on January 28, 2019 (linked here).
  3. International Brotherhood of Electrical Workers PAC #112 – Original PDC complaint filed by this author October 29, 2018 (linked here). PDC sent warning letter on January 28, 2019 (linked here).
  4. Pierce County Democratic Party. Two PDC complaints filed by this author resulted in this warning letter. One submitted on October 23, 2018 (linked here). One submitted January 3, 2019 (linked here). PDC sent warning letter on January 20, 2019 (linked here). Note: the AG recently settled a lawsuit on a previous PDC complaint filed by this author with this group over a year before this warning letter was sent.
  5. Derek Young, Pierce County Council. Original PDC complaint filed by this author on October 21, 2018 (linked here). PDC sent warning letter on January 17, 2019 (linked here).
  6. Spokane County Democratic Party. Original PDC complaint filed by this author on October 29, 2018 (linked here). PDC sent warning letter on December 20, 2018 (linked here). Note: the AG recently settled a lawsuit on a previous PDC complaint filed by this author with this group right around the same time this warning letter was sent.
  7. Kitsap County Democratic Party. Original PDC complaint filed by this author on October 29, 2018 (linked here). PDC sent warning letter to them on December 19, 2018 (linked here).
  8. 41st Legislative District Democrats. Original PDC complaint filed by this author on October 29, 2018 (linked here). PDC sent warning lettter to them on December 18, 2018 (linked here).
  9. Win with Women PAC. Original PDC complaint filed by this author on October 29, 2018 (linked here). PDC sent warning letter to them on December 10, 2018 (linked here).
  10. Represenative Gerry Pollet (46th LD). Original PDC complaint filed by this author November 29, 2017 (linked here). PDC sent warning letter to him on November 21, 2018 (linked here).
  11. Washington State School Retirees PAC. Original PDC complaint filed by this author April 11, 2018 (linked here). PDC sent warning letter to them on or about November 15, 2018 (linked here). However, there was no date referenced in the warning letter itself.
  12. Kitsap County Democrat Women PAC. Original PDC complaint filed by this author April 11, 2018 (linked here). PDC sent warning letter to them on November 15, 2018 (linked here).
  13. Sameer Ranade, candidate for legislature (43rd LD). Original PDC complaint filed by this author April 11, 2018 (linked here). PDC sent warning letter to him on November 15, 2018 (linked here).
  14. Puget Sound District Council ILWU-PAC. Original PDC complaint filed by this author April 11, 2018 (linked here). PDC sent warning letter to them on November 15, 2018 (linked here).
  15. Snohomish County Young Democrats. Original PDC complaint filed by this author March 28, 2018 (linked here). PDC sent warning letter to them on November 15, 2018 (linked here).
  16. Whole Washington PAC. Original PDC complaint filed by this author March 26, 2018 (linked here). PDC sent warning letter to them on November 15, 2018 (linked here).
  17. Mariah Bettise, Issaquah City Councilmember. Original PDC complaint filed by this author April 11, 2018 (linked here). PDC sent warning letter to her on November 14, 2018 (linked here).
  18. Washington Coalition to Amend the Constitution PAC. Original PDC complaint filed by this author March 28, 2018 (linked here). PDC sent warning letter to them on November 14, 2018 (linked here).
  19. Christy Watts, candidate for Richland City Council. Original PDC complaint filed by this author April 11, 2018 (linked here). PDC sent warning letter to her on November 14, 2018 (linked here).
  20. Michael Lilliquist, candidate for Bellingham City Council. Original PDC complaint filed by this author April 11, 2018 (linked here). PDC sent warning letter to him on November 14, 2018 (linked here).
  21. Central Kitsap Citizens for Quality Education PAC. Original PDC complaint filed by this author April 10, 2018 (linked here). PDC sent warning letter to them on November 14, 2018 (linked here).
  22. Feminist Progress PAC. Original PDC complaint filed by this author December 21, 2018 (linked here). PDC sent warning letter to them on November 14, 2018 (linked here).
  23. Olympians for Community Safety PAC (managed by Joe Hyer). Original PDC complaint filed by this author December 13, 2017 (linked here). PDC sent warning letter to them on November 14, 2018 (linked here). Note: Joe Hyer is former Olympia City Councilman and Thurston County Democratic Treasurer convicted of selling drugs in a school zone while on the City Council (see here), and of financial fraud (see here).
  24. Julie Door, Puyallup City Councilmember. Original PDC complaint filed by this author April 11, 2018 (linked here). PDC sent warning letter to her on November 13, 2018 (linked here).
  25. Jenni Wook, Gig Harbor City Councilmember. Original PDC complaint filed by this author April 11, 2018 (linked here). PDC sent warning leter to her on November 13, 2018 (linked here).
  26. Washington Cannabusiness Association PAC. Original PDC complaint filed by this author April 10, 2018 (linked here). PDC sent warning letter to them on November 11, 2018 (linked here).
  27. Bellevue Firefighters PAC. Original PDC complaint filed by this author April 11, 2018 (linked here). PDC sent warning letter to them on November 9, 2018 (linked here).
  28. Roslynne Reed, candidate for Mason County Commission. Original PDC complaint filed by this author April 11, 2018 (linked here). PDC sent warning letter to her on November 9, 2018 (linked here).
  29. WA Bike PAC (managed by Jeff Upthegrove). Original PDC complaint filed by this author December 21, 2017 (linked here). PDC sent warning letter to them on November 9, 2018 (linked here).
  30. Bill Fishburn, candidate for Olympia Port Commission. Original PDC complaint filed by this author March 29, 2018 (linked here). PDC sent warning letter to him on November 8, 2018 (linked here).
  31. United Food & Commercial Workers Local 1439 ABC PAC. Original PDC complaint filed by this author March 28, 2018 (linked here). PDC sent warning letter to them on November 8, 2018 (linked here).
  32. Bryan Yambe, Fife City Councilmember. Original PDC complaint filed by this author March 29, 2018 (linked here). PDC sent warning letter to him on November 8, 2018 (linked here).
  33. Washington School Principals Legislative Effectiveness PAC. Original PDC complaint filed by this author April 11, 2018 (linked here). PDC sent warning letter to them on November 7, 2018 (linked here).
  34. Spokane Regional Labor Council AFL-CIO COPE. Original PDC complaint filed by this author April 11, 2018 (linked here). PDC sent warning letter to them on November 7, 2018 (linked here).
  35. Jedidiah Haney, Democratic Party candidate for Thurston County Commissioner. Original PDC complaint filed by this author July 27, 2018 (linked here). PDC sent warning letter to him on October 22, 2018 (linked here)
  36. Mark Boswell, Democratic Party candidate for legislature (31st LD). Original PDC complaint filed by this author July 31, 2018 (linked here). PDC sent warning letter to him on October 18, 2018 (linked here).
  37. Washington State Democratic Party. Original PDC complaint filed by this author December 3, 2017 (linked here). More complaints were sent as well October 2, 2017 (linked here), September 4, 2017 (linked here), and August 28, 2017 (linked here). PDC sent warning letter to them on October 17, 2018 (linked here).
  38. 29th Legislative District Democrats. PDC complaint filed by this author October 16, 2017 (linked here). PDC sent warning letter to them on September 24, 2018 (linked here).
  39. American Federation of Teachers Washington Committee on Political Education PAC. Original complaint filed by this author June 20, 2018 (linked here). PDC sent warning letter to them on September 10, 2018 (linked here).
  40. Democrat Representative Mike Chapman (24th LD). Originl PDC complaint filed by this author June 20, 2018 (linked here). PDC sent warning letter to him on August 9, 2018 (linked here).
  41. Sarah Morken, candidate for Tacoma City Council. Original PDC complaint filed by this author April 11, 2018 (linked here). PDC sent warning letter to her on July 25, 2018 (linked here). Note: former AG campaign finance attorney Walter Smith represented Sarah Morken.

2 COMMENTS

  1. Is there any chance that public records could reveal a disparate impact based on party affiliation? I.e. Same offense, but not same fine at resolution?

    I would really like to be able to put numbers on how partisan, Partisan Bob is.

    • Yes, it is likely that we can prove this, but it can be sometimes difficult to compare violation to violation. This is one reason I generally was filing ocmplaints on easy to measure and quantify violations like days late reporting and amount of unreported contributions/expenditures.

Comments are closed.