(1) Under RCW 29B.60.020, the commission:
(a) May waive a penalty for a first-time violation;
(b) Must assess a penalty for a second violation by the same person or individual, regardless if the person or individual committed the violation for a different political committee;
(c) Must assess successively increased penalties for succeeding violations pursuant to the following schedule:
Violations: | |||
Respondent failed to file or timely file an accurate or complete: (1) Statement of Financial Affairs (F-1 Report) / (2) Candidate Registration / (C-1 Report) / (3) Lobbyist Monthly Expense Report (L-2 Report) / (4) Lobbyist Employer Annual Report (L-3 Report) and (5) Local Treasurer's Annual Report (T-1 Report). | |||
1st Occasion | 2nd Occasion | 3rd Occasion | |
Filed missing report after being notified about the complaint. | $0 - $1,000 | $1,000 - $2,500 | $2,500 - $5,000 |
Report is filed late and is incomplete or inaccurate. | $0 - $2,000 | $2,000 - $5,000 | $5,000 - $7,500 |
Failed to file missing report by date of enforcement hearing. | $0 - $3,000 | $3,000 - $7,500 | $7,500 - $10,000 |
Respondent failed to file or timely file accurate and complete campaign disclosure reports: | |||
Cash Receipts Monetary Contributions Report (C-3 Report) | |||
Filed missing C-3 Report or amended C-3 Report after being notified about the complaint. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Failed to timely deposit monetary contributions within five business days of receipt. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Failed to include employer and occupation information for contributors of more than $100. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Failed to file missing or amended C-3 Report by date of enforcement hearing. | $0 - $3,000 | $3,000 - $7,500 | $7,500 - $10,000 |
Campaign Summary Receipts and Expenditures Report (C-4 Report) | |||
Filed missing C-4 Report or amended C-4 Report after being notified about the complaint. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Failed to file missing or amended C-4 Report by date of enforcement hearing. | $0 - $3,000 | $3,000 - $7,500 | $7,500 - $10,000 |
Failed to properly report the "purpose" of an expenditure under RCW 29B.25.100(6) or 29B.25.120 (5)(b). | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Failed to properly report expenditures made on behalf of a candidate or political committee by any person, agency, firm, organization, etc. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Failed to report a contractual contingent liability. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Failed to properly dispose of surplus funds. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Failed to properly make campaign books of account available for public inspection as required immediately preceding the date of an election. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Independent Expenditure Report (C-6 Report) | |||
Filed missing C-6 Report or amended C-6 Report after being notified about the complaint. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Report is filed late and is incomplete or inaccurate. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Failed to file missing or amended C-6 Report by date of enforcement hearing. | $0 - $3,000 | $3,000 - $7,500 | $7,500 - $10,000 |
Out-of-State Political Committee Report (C-5 Report) | |||
Filed missing C-5 Report or amended C-5 Report after being notified about the complaint. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Failed to file missing or amended C-5 Report by date of enforcement hearing. | $0 - $3,000 | $3,000 - $7,500 | $7,500 - $10,000 |
Last Minute Contribution Report (LMC report) | |||
Filed missing LMC report or amended LMC report after being notified about the complaint. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Failed to file missing or amended LMC Report by date of enforcement hearing. | $0 - $3,000 | $3,000 - $7,500 | $7,500 - $10,000 |
Exceeding contribution limits | |||
Refunded contributions after being notified of the complaint, over limit contributions were not significant, and respondent provided written explanation with mitigating circumstances. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Other Alleged Violations: | |||
Exceeding mini reporting threshold | |||
Filed C-3 and C-4 Reports for full reporting after being notified about the complaint. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Failed to file missing C-3 and C-4 Reports by date of enforcement hearing. | $0 - $3,000 | $3,000 - $7,500 | $7,500 - $10,000 |
Failure to file electronically | |||
Filed C-3 and C-4 Reports electronically after being notified about the complaint. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Failed to file C-3 and C-4 Reports electronically by date of enforcement hearing. | $0 - $3,000 | $3,000 - $7,500 | $7,500 - $10,000 |
Use of public facilities for the purpose of assisting a campaign for the election of any person to any office, or for the promotion of or opposition to any ballot proposition | |||
Use of public facilities was incidental and isolated, and evidence was not submitted indicating that the use may have affected the outcome of the election. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Use of public facilities was not incidental or isolated, or evidence was submitted indicating that the use may have affected the outcome of the election. | $0 - $5,000 | $5,000 - $7,500 | $7,500 - $10,000 |
Failure to File Lobbyist Registration Report (L-1 Report) | |||
Filed missing L-1 Report after being notified about the complaint. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Failed to file missing L-1 Report by date of enforcement hearing. | $0 - $3,000 | $3,000 - $7,500 | $7,500 - $10,000 |
Failure to File Agency Lobbying Report (L-5 Report) | |||
Filed missing L-5 Report or amended L-5 Report after being notified about the complaint. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Failed to file missing or amended L-5 Report by date of enforcement hearing. | $0 - $3,000 | $3,000 - $7,500 | $7,500 - $10,000 |
Grassroots Lobbying Report (L-6 Report) | |||
Filed missing L-6 Report or amended L-6 Report after being notified about the complaint. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Failed to file missing or amended L-6 Report by date of enforcement hearing. | $0 - $3,000 | $3,000 - $7,500 | $7,500 - $10,000 |
Sponsor identification requirements for political advertising | |||
Political advertising failed to include any sponsor identification or included improper or misleading sponsor identification. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Party preference requirement for political advertising | |||
Political advertising failed to include a candidate's party preference. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Use of current picture requirement in political advertising | |||
Political advertising fails to include at least one picture of the candidate used in the advertising that was taken within the last five years, that is no smaller than any other picture of the same candidate used in the same advertisement. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Political advertising or electioneering communication—Libel or defamation per se | |||
Political advertising or an electioneering communication that contains a false statement of material fact about a candidate for public office. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Political advertising or an electioneering communication that falsely represents that a candidate is the incumbent for the office sought when in fact the candidate is not the incumbent. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Political advertising or an electioneering communication that makes either directly or indirectly, a false claim stating or implying the support or endorsement of any person or organization when in fact the candidate does not have such support or endorsement. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Commercial advertisers—Public inspection of documents | |||
Commercial advertisers who after accepting or providing political advertising or electioneering communications during an election campaign fail to maintain records and books of account, or make such information available by the methods provided under WAC 390-18-050. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Candidates and political committees—Public inspection of books of account | |||
Candidates or political committees who fail to accommodate requests for public inspections as required by WAC 390-16-043. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
Limitations on employers or labor organizations | |||
Failed to maintain open for public inspection, during normal business hours, documents and books of accounts showing a copy of each employee's request for funds to be withheld for transfer to a political committee. | $0 - $2,500 | $2,500 - $5,000 | $5,000 - $10,000 |
(2) In determining the appropriate penalty, the commission may consider the nature of the violation and aggravating and mitigating factors as set forth under WAC 390-37-185. The commission may consider the factors in the penalty schedule under subsection (1) of this section, and the factors set forth under WAC 390-37-185, in determining whether to suspend a portion or all of a penalty upon identified conditions, and whether to accept, reject, or modify a stipulated penalty amount recommended by the parties.
(3) Notwithstanding the above schedule, the commission may assess a penalty of up to $10,000 per violation, or a greater amount if agreed to by the parties, pursuant to RCW 29B.60.020, based on the aggravating factors set forth in subsections (1) and (2) of this section. In making an assessment outside of the schedule, the commission may evaluate the deterrent effect the penalty will have on the respondent, in consideration of the sophistication of respondent or the financing, staffing, or size of the respondent's campaign or organization, or other factors.
(4) The penalty schedule for brief enforcement proceedings is provided under WAC 390-37-143.
[Statutory Authority: RCW 42.17A.110 and 2024 c 164. WSR 26-01-209, s 390-37-182, filed 12/24/25, effective 1/1/26. Statutory Authority: RCW 42.17A.110 and [42.17A.]755. WSR 25-16-030, s 390-37-182, filed 7/28/25, effective 11/5/25. Statutory Authority: RCW 42.17A.110(1), 2019 c 428, and 2019 c 261. WSR 20-02-062, § 390-37-182, filed 12/24/19, effective 1/24/20. Statutory Authority: RCW 42.17A.110(1) and 2018 c 304. WSR 18-24-074, § 390-37-182, filed 11/30/18, effective 12/31/18. Statutory Authority: RCW 42.17A.110(1). WSR 16-01-015, § 390-37-182, filed 12/4/15, effective 1/4/16. Statutory Authority: RCW 42.17A.110, 42.17A.755. WSR 13-05-014, § 390-37-182, filed 2/7/13, effective 3/10/13.]