In a decision
published December 23, Washingtons Court of Appeals ruled that a
lawsuit filed by the Evergreen Freedom Foundation (EFF) against the National
Education Association (NEA) last year was improperly dismissed.
EFF filed a citizen action suit against the NEA in April 2002,
charging the union with taking money from non-member* teachers in Washington
and illegally using it to influence state elections.
Under the states "citizen action" provision,
individuals who notify the Attorney General (AG) of state campaign finance
violations can file suit on behalf of the state if the AGs office fails
to commence enforcement action within 55 days of receiving the complaint. The
provision secures the right of citizens to ensure that laws protecting free
and fair elections are enforced.
EFF made the decision to file suit after staff of the states
Public Disclosure Commission (PDC) found the NEA guilty of violations and recommended
the AG seek a settlement with "substantial" penalties, but stated:
"If a settlement cannot be reached . . . staff do not recommend that the
Attorney General proceed with litigation based on the current budget cutbacks
and the cost of such litigation."
In August 2002, a ruling by Superior Court Judge Paula Casey
dismissed EFFs citizen action, saying the AGs referral of the complaint
to the PDC for investigation counted as "commencing enforcement action"
and precluded EFFs involvement. The Court of Appeals disagreed.
"Were very pleased the Court of Appeals has clarified
this issue and restored the right of citizens to make sure laws protecting
free speech and fair elections are enforced," said EFF president Bob Williams.
"The lower court ruling made the citizen action provision meaningless."
The Foundation is currently reviewing its legal options in the
case against the NEA. The public outcry resulting from the PDCs initial
recommendation that a settlement be negotiated without threat of prosecution
prompted the AG to file her own lawsuit against the NEA in October 2002. The
case is on hold pending the outcome of other appeals.
* Agency fee payers are teachers who are not members of the
union but are still required to pay fees equal to 100 percent of the unions
mandatory dues. Washington state law expressly prohibits the union from spending
any of that money for political purposes without individual authorization from
teachers.
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]?"