House passes “emergency” amendment creating campaign finance loophole for business and labor
OLYMPIAThe House passed a substitute version of Senate Bill 5034 yesterday that opens a loophole in Washington’s campaign finance law for corporations and labor unions.
Under the current law, RCW 42.17.660, a single contribution limit is imposed on the affiliates of corporations and labor unions and the parent organization. This restriction was passed by Initiative 134 in 1992.
Last year’s Supreme Court decision Edelman v. State of Washington overturned a Public Disclosure Commission (PDC) rule that excused subsidiaries of an organization from the requirement to combine their contributions, so long as the parent organization made no contributions. The House amendment effectively overturns the Supreme Court decision and restores the PDC rule.
This change passed as an emergency clause, making the provision impervious to an attempt by the people to overturn the law through a referendum. The emergency clause applies only to this change and one other section of the bill.
“The citizens of Washington enacted Initiative 134 to ensure that large organizations do not dilute the influence of private citizens in our state elections,” said Bob Williams, president of the Evergreen Freedom Foundation. “The House amendment gives organizations a free pass to sidestep contribution limits.”
The changes to SB 5034 will require Senate concurrence.
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]?"