Contact: Marsha Richards,
Communications Director
(360) 956-3482
It's final: WEA doesn't have
to report election influence
OLYMPIAThe Washington State Supreme Court declined last
week to hear an appeal of a 1997 lawsuit filed by public school teachers
and the Evergreen Freedom Foundation (EFF) against the Washington Education
Association (WEA).
The Foundation joined Teachers for a Responsible Union (TRU) to file a
suit aimed at upholding the state's Public Disclosure Act after investigations
revealed the WEA failed to properly collect and report money for election-affecting
activities in the 1996 election cycle.
A Superior Court judge ruled in 1999 the WEA did not have to comply with
reporting requirements that govern political action committees because the
$700,000 union officials admitted spending to influence elections wasn't
"meaningful" in relation to the union's $24 million annual budget.
The lower court ruling was upheld by the state Court of Appeals.
"Boeing could have used the judge's reasoning to pour $52 million
dollars into the elections-the same ratio to its overall budget in 1997,"
said Lynn Harsh, EFF's executive director. "This 'ratio' ruling discriminates
against small organizations and results in unequal enforcement of the law."
EFF's continued investigations of the WEA's illegal political activity
have prompted the state Attorney General (AG) to file two lawsuits against
the union, resulting in nearly $1.3 million in penalties. The AG is currently
suing the WEA's parent organization, the National Education Association,
for illegally spending teachers' money to influence Washington elections.
"We are very disappointed the State Supreme Court decided not to hear
our appeal," said Harsh. "Our state has been a pioneer in protecting
free and fair elections, and this decision undermines efforts to have a
truly transparent government. It also undermines the right of teachers to
know how union officials are spending their mandatory dues."
At a March 23, 2005, House Appropriations hearing on a bill to gut the voter-approved I-601 spending limit, Rep. Jim McIntire (D) asked a supporter of I-601’s two-third supermajority requirement for the legislature to raise taxes the following question:
"Can you name a time when we [legislators] have actually not just set it [supermajority requirement] aside by majority vote? I mean, this is in many respects a procedural motion that has no bearing. It’s a statutory constraint that cannot constrain any legislature that chooses as a majority to set it aside . . . have we ever used a supermajority [to raise taxes]?"