PDC dismisses EFF complaint against Washington State Labor Council
OLYMPIA, WA—The Public Disclosure Commission (PDC) today dismissed the Evergreen Freedom Foundation’s (EFF) complaint against the Washington State Labor Council (WSLC) charging the council with unreported political expenditures of half a million dollars for the 2004 state election.
The dismissal came in spite of a PDC staff investigation, which revealed that the WSLC diverts a significant amount of money into every state election. In 2002, the WSLC spent over $500,000 to impact state elections, not including voter registration and political training efforts. Evidence indicates WSLC, a $4 million organization and the state affiliate of the AFL-CIO, spent 32 percent of its general operating funds on state and federal elections, with totals for 2004 even higher. Nearly all of these expenditures are unreported, yet are funded ultimately by mandatory union dues.
EFF filed the citizen’s action complaint with Attorney General Christine Gregoire on September 1, alleging multiple campaign finance violations by the Labor Council. Among the violations listed in EFF’s complaint are charges that the WSLC failed to disclose thousands of dollars in political expenditures, exceeded campaign contribution limits, used public funds for political expenditures, and failed to register and report as a political action committee (PAC).
Commissioner Michael Connelly initially suggested the investigation relied on WSLC’s self-determined percentages of time and money spent to affect elections, and that a full hearing on the issue was merited. Three other commissioners voted to accept the PDC staff recommendation to dismiss the complaint.
"If a half-million-dollar electioneering campaign doesn’t trigger PAC reporting requirements, then the Commission has set the bar so high that no large organizations need ever comply with the law," said Jami Lund, the EFF analyst who filed the complaint. "The Commission claims to be the guardian of the public's right to know who is spending money to influence elections, and it routinely fines minor reporting irregularities, but the labor political machine gets a free pass."
By law, the Attorney General has 55 days to take action upon receipt of a citizen’s action complaint. If the Attorney General does not take action by October 28, EFF will have the right to bring an action against the WSLC in the name of the state. EFF has not yet determined what steps will be taken in light of today's decision.
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]?"