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The next big thing in Washington politics is an old thing: “property rights.”

As reported yesterday in The News Tribune, Oregon’s new anti-growth-management law, that requires financially compensating property owners for potential losses due to zoning or land-use restrictions, has spurred interest in Washington from the usual suspects. [State might copy Oregon property rights plan]

On Friday, some of the state’s most powerful interest groups met in Olympia to discuss acting on that inspiration by running an initiative similar to Oregon’s Measure 37, either this fall or in 2006.

“The conclusion was the time was ripe for such an initiative,” said Gary Tripp of a group called Bainbridge Citizens United. “We are going to draft an initiative ASAP.”

Tripp organized the meeting, which was attended by several building groups and initiative veterans, including the Building Industry Association of Washington, the Washington State Grange and Tim Eyman.

That’s right, the BIAW and Tim Eyman.

And the Grange…? Well, I’m still not sure what to make of them, but they’re beginning to piss me off.

Not that any of this should come as a surprise. Environmentalists have been expecting a copy cat initiative, and those of us on the Eyman-watch have been wondering when Tim would abandon his dead-in-the-water performance audits initiative to pirate this potentially more lucrative issue.

But being alert and being prepared are not the same thing. Those of us who believe that rational growth management policy is absolutely necessary to maintain our region’s quality of life, must start organizing, working the media, and raising money… now. For all of Eyman’s bluster and self-aggrandizing, all it really takes to get an initiative on the ballot is half-a-million dollars worth of paid signatures. There’s a ton of money to be made by builders and others from unconstrained development, and you can be sure that they are ready to invest millions at even the hint of electoral success.

As I’ve often complained, the initiative process tends to suck all the nuance out of public policy debates, throwing extreme proposals at complex issues. But as James Vesely points out in today’s Seattle Times, this is an issue worthy of further discussion:

The required 10-year review of the growth-management practices kicked a moribund engine into life. That engine is the desire of small property owners to develop their land, if they wish. The big question is: How can we accommodate them to avert a property-rights rebellion without changing a region’s core beliefs?

Good question. And perhaps in the comment thread of this blog entry we can thrash out some answers.

Unfortunately, an initiative won’t afford voters such luxury; they’ll simply be allowed a thumbs up or down on a radical piece of anti-growth-management legislation. In 1995 voters rejected a similar Referendum No. 48 by a healthy margin, 59% to 41%. But that was the result of an intense, well-organized campaign… an effort we need to duplicate, and quickly.

Just thought I’d give you all a heads up.

My regular readers know I don’t much care for the Bastards Building Industry of Association of Washington (BIAW). My first introduction to the BIAW was their Orwellian initiative to ban state ergonomic rules (“Workers Against Job-Killing Rules” my ass,) which earned them a top spot on my list of political windmills. But now that they have so openly become the power-behind-the-power-behind-the-puppet — subsuming the official Republican Party in their efforts to unseat Governor Gregoire by any means — it looks like my quest may not be so quixotic after all.

Ah yes… The Seattle Times reports today, that Democratic legislators are preparing to tie off a couple of the udders on the government sponsored cash cow the BIAW milks to feed its viciously partisan political operations. [Bill to cut income of political foe]

Here’s how it works:

State law allows businesses to form workers’-compensation pools to share insurance risks. The BIAW, which operates the state’s largest such pool, gets refunds from the state every year its premiums exceed claims.

The BIAW keeps 20 percent of the refunds and gives the rest to members who participate in its workers’-comp pool. The association’s take in 2004 was more than $5 million, half of which went to its 15 local chapters.

Under the legislation introduced this week, House Bill 1070, groups like the BIAW could keep no more than 10 percent of their refunds. In other words, the BIAW’s income would be cut in half.

The BIAW’s is the largest, but there are nearly 60 such workers’-comp pools in the state, covering 16,000 employers. While the BIAW skims the maximum 20% currently allowed by law, many other pools charge less.

There is no doubt that the “retro rebate” program has been a modest success, and the BIAW and others deserve credit for efficiently managing their pools. But the program was intended to reduce claims and save employers money, not as a means of exploiting inefficiencies in the workers’-comp system so as to permanently fund partisan political activities.

The beauty of the Democratic proposal is that it is “win-win”: it is both good policy, and good politics. It sends more of the refund money back to businesses (where it belongs,) who will reinvest it in creating jobs for real people… not just right-wing Republican politicians.

Rep. Cary Condotta of Wenatchee complains that the bill is a “blatant political attack.” Well, duh-uh! But so is the $750,000 of workers’-comp money the BIAW spent on Dino Rossi prior to Nov. 2, and the untold hundreds of thousands they have spent since, running deceptive TV and radio ads, and dedicating their entire staff of 30 employees to sifting through voting records and felons lists.

The BIAW has not been shy about threatening to pass a “right to work” initiative, effectively defunding organized labor, one of the Democratic Party’s most steadfast allies. I suppose the Dems should just sit back and whine “Gee… that’s not fair,” as they watch a government sponsored monopoly be used to fund a relentless effort to turn Washington into a one-party state along the lines of Texas?

“They’re just mad because we compete with them in the political arena,” BIAW spokesman Erin Shannon said.

Yeah… well, that’s not exactly how she phrased it to The Seattle Weekly in the heady days immediately following the Nov. 2 election, when she gloated:

“We are kicking their ass. How many years have we whipped labor?”

At the time, Erin also described the past election as “a big ‘Fuck you!’ to all the liberals out there.” Sounds like somebody may have finally washed her potty-mouth out with soap.

Democratic Senator Karen Keiser of Kent, who works in the off-season as communications director for the Washington State Labor Council, says the BIAW’s abuse of the workers’ comp-system to fuel their political agenda is “flat out corrupt and should be stopped.” She told the Times that she has no doubt the Democrat-controlled Legislature will pass a bill, and that Gregoire would sign it.

I sure hope so. This is political hardball… and if the BIAW insists on crowding the plate, they deserve to get beaned.

I’m slipping. The Seattle P-I wrote an editorial critical of an Eyman initiative, and I never mentioned it: “Initiative wrong remedy.”

The Legislature will pass performance audits legislation in the current session, and it has nothing to do with bullying by our friend Timmy. State Auditor Brian Sonntag has been pushing for such legislation for years, and leaders of both parties have committed to passing it.

Sonntag’s office says it’s there, and not in the proposed initiative, that the better prospects lie.

To do what the initiative proposes, Sonntag says, would require his department to “grow to at least four times its current size over the course of the next 10 to 12 years” and it would cost $90 million more every two years. And it would be “ill-advised,” Sonntag’s office says, for the state to conduct performance audits at the local level.

Those tempted to sign the audits initiative would do well to heed the auditor’s advice.

And Eyman would do well to find himself another initiative.

In analyzing Governor Christine Gregoire’s disappointing electoral showing in Pierce County, one overlooked factor may have been her stunning rejection by convicted felons known to have illegally cast ballots.

As first reported in The News Tribune on Jan. 8 (“A few felons voted in Pierce County“), investigative reporters could verify only seven of the 42 felons alleged by the BIAW to have voted illegally. And of the three who spoke with TNT reporters, two voted for Republican Dino Rossi, and one for Libertarian Ruth Bennett:

“I didn’t know that I couldn’t vote,” said Glen, 43. “I didn’t know any different. Is it the Republicans that are throwing a fit about it? Because I voted Republican

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On Wednesday, David Postman of The Seattle Times reported on the considerable resources the Building Industry Association of Washington (BIAW) has invested into putting Dino Rossi in the governor’s mansion [Governor’s race over, but the fighting isn’t.]

The BIAW’s Tom McCabe brags that he spent $750,000 on Rossi before the election, and God knows how much in the couple months since. A “Governor Rossi” would surely be grateful:

“There are a number of organizations that have been helpful, but as far as the money and staff resources spent, I don’t think there is one that has been more active than BIAW,” said Afton Swift, Rossi’s campaign manager.

Now that’s an understatement.

Rossi was the BIAW candidate at least as much as he was the GOP’s, and in the unlikely event he manages to get this election set aside, he’ll know who to thank. The BIAW has hired lawyers and handwriting experts, and has its entire staff of 30 employees sifting through election records and running the “re-vote” PR campaign. Their operations dwarf that of either of the official parties, and their partisan zeal is unmatched. And oh yeah… they are total bastards.

Ironically, the strongest testimony to the integrity of Washington’s elections is the relative dearth of dirt the BIAW has uncovered for all its expense of blood and treasure. Scouring the voter rolls for dead people and felons, the BIAW has generated more smoke than fire. In Pierce County, The Seattle Times managed to quickly rule out all but 19 of the 52 voting felons the BIAW originally claimed — and confirmed only two. And of the handful of votes from beyond the grave discovered statewide, two are known to have voted for Rossi.

And then there were the public hints the BIAW kept dropping that they had evidence of forged signatures on a number of the affidavits Democrats gathered during the first count… only later to describe it as potential signature fraud… and eventually just questions about signatures… before finally, well… I haven’t heard much about this “scandal” lately, have you?

All this might be evidence enough for the BIAW’s fans on the right-wing blogs, so tickled by happy dreams of putting Democrats behind bars that they’ve lost the ability to distinguish fact from fantasy. But Supreme Court decisions tend to be more reality based, and the reality is, these builders haven’t built much of a case.

The BIAW’s best chance of installing their hand-picked governor, was to bully a Democratic senator or two into breaking ranks during the procedural vote on certification. But having failed that, I still don’t expect them to give up their jihad any time soon. They hate government, despise Gregoire, and genuinely seem to relish playing the role of Republican-Party-by-proxy. (And did I mention the fact that they are total bastards?)

This take-no-prisoners approach has its risks… at least for Rossi. If the legal evidence doesn’t match the hype, voters will eventually grow weary of this election, turning some of their anger back onto the accusers, and potentially shredding the political career of the BIAW’s gubernatorial sock-puppet.

No biggie. Come 2008, they’ll just shove their fists inside another sock.

There’s been a lot of speculation that if when Dino Rossi’s election contest lawsuit fails, he will become an immediate threat to Senator Maria Cantwell’s 2006 re-election bid. But I’ve never been so sure.

As I wrote a couple weeks ago, other prominent Republicans may have designs on the nomination, including the politically-challenged George Nethercutt and the factually-challenged Chris Vance. I also suggested that Rossi might think twice before moving his young family to the other Washington.

But writing for the Rothenberg Political Report, (“Don’t Call Rossi ‘Senator’ Just Yet“), Political Editor Nathan Gonzales questions whether Rossi would even be his party’s best candidate:

It’s important to remember that Rossi’s candidacy for governor was fueled by one essential ingredient: Change. Democrats have held the top post in the Evergreen State for 20 years and voters looked anxious to mix things up.
….
But against Cantwell, Rossi’s change message is rendered meaningless and could even work against him. His party controls the White House, the U.S. Senate, and the U.S. House. Any change message that might develop in the next two years will surely benefit Democrats nationwide, not Republicans. And Washington remains a blue state, going 53%-46% for John Kerry over George W. Bush last November.

Rossi’s momentum is not necessarily transferable to a Senate race.

And that’s even assuming Rossi still has momentum coming out of an election contest where the legal evidence fails to live up to the hyperbole of his BIAW-backed PR campaign.

Gonzales concludes that Rossi’s best shot at high office may be to hold tight and run for governor again in 2008. Unfortunately for Rossi, a lot can happen in four years… for example, a successful Gregoire administration.

I was going to add a more narrative description of the Inaugural Ball, but there’s no need to duplicate David’s detailed comments in the previous thread. It was a lovely evening, and a good time seemed to be had by all.

The only thing I’ll add is how impressed I was with the renovation of the Capitol building. Perhaps our representatives’ level of political discourse will be elevated by their surroundings.

But the greatest impression I came away with last night is that Christine Gregoire is indeed, our governor. Not governor “elect”. Not a temporary governor, or an illegitimate governor, or weak or lame-duck or any of the more pejorative adjectives spat about on the right-wing blogs… but governor.

As one longtime political correspondent observed, Republican legislators can stand up in public and dutifully repeat the party’s talking points about a “stolen election”… but pretty soon they’ll be knocking on Gregoire’s door, asking the Governor to sign their bills.

And there ain’t nothing illegitimate about that.

I just got back from the Inaugural Ball and I really want to go to bed, but I know my audience expects a little inside dish, so here’s a taste of the type of probing insight and analysis you only get from HorsesAss.org:

Rep. Hans Dunshee showed up wearing a kilt, and of course only this intrepid reporter had the nerve to ask him the question inquiring minds want to know. The answer: boxer shorts. (So if you want to accuse a Democrat of cheating, that’s the best example I’ve found thus far.)

Other than that, the only scandal to report was the lack of a quality microbrew at an otherwise well catered affair.

In general, the spirit was boisterous and upbeat. Christine Gregoire certainly looked like the governor when she was trapped in the rotunda by a throng of well wishers for well over an hour. And while righties here kept snidely saying the event was undersold, it certainly seemed packed to me. I couldn’t imagine squeezing in a couple hundred more people.

Believe it or not, there was quite a bit of political talk going on, most of which I’ll cautiously keep to myself for the moment. But I can tell you, I didn’t find a single Dem who appeared genuinely concerned about Rossi’s lawsuit.

More in the morning….

Well, my fairy godmother just called and offered me a free ticket and a free ride to the inaugural ball, so not being one to turn down a free meal, I’ll be heading off to Olympia this evening.

If anybody wants to meet up, I’ll be the guy in the tux.

Okay… here’s what I look like, according to The Seattle P-I. (I’m the one on the right.)

About the only thing more distasteful than reading the Wall Street Journal editorial page, is quoting it to support my own arguments:

Still, we have our doubts about the wisdom of a court challenge and a revote, especially if no fraud can be proven.

Consider, first, the problem of moral hazard. There are dozens of extremely close elections in the U.S. at every level of government, elections in which–like this one–the “real” outcome can never be known. What should determine which of these merits a revote? The judgment of a court? An opinion poll? Either of these is a recipe not for more perfect democracy, but for the destruction of democracy.

Gargle-gargle… spit.

(You can read the editorial here, but swallowing it whole requires registration and some Listerine.)

While much of the rest of the piece is the usual vile sophistry, the point above is why I am confident that the Washington Supreme Court will not reach beyond statute and toss the gubernatorial election without the strong appearance that errors or illegal votes actually changed the outcome. As I’ve repeatedly argued, this election is extraordinary only in its extraordinary closeness. There has been no evidence to suggest that this election is any less perfect than any other; thus to set it aside simply because it is close, calls into question all close elections.

Even the highly partisan WSJ understands the dangerous precedent such a decision would create. It would force all too many elections into the courts, where they will be decided on some arbitrary judicial notion of when the margin of error is too high, or public opinion too rancorous (manufactured or not.)

Some in the “revote” camp argue that seating a governor in the face of such uncertainty offends the public’s sense of fairness… but it clearly does not offend reason, or the law. Whatever the safeguards, no election with 3 million ballots can be 100% flawless. Some ineligible voters will always be counted, while legitimate voters are wrongly disenfranchised — there will always be errors in registration, counting, scanning and reconciliation. And yet if this race had ended in a tie, the winner would have been determined by lot.

Is that fair? Not really. But is it practical? Sure.

The statute codifies the pragmatic notion that in close elections, uncertainty is unavoidable. If the Legislature was unwilling to accept this simple reality, it would have modeled the contest statute along the lines of North Carolina’s, or it would have required a margin of victory substantially larger than… one.

And it never, ever would have accepted a tie.

For in fact, that’s what we have here: a statistical tie with the winner determined according to the rules in place at the start of the election. It may be difficult for the public — and painful for Dino Rossi — to accept this uncertainty. But sometimes uncertainty is the best we can do.

Anybody who thinks I’m uncritical of the Democratic Party, hasn’t heard me ranting on the phone or in email about the pathetic response they have mounted to the Rossi/BIAW/GOP all out PR assault. We’ve been getting our asses kicked for over two months now, and quite frankly, I’m getting rather tired of removing steel-tipped neo-con boots from between my butt cheeks.

Christine Gregoire disbanded her campaign staff the minute Sam Reed certified the election, but Dino Rossi’s campaign continues to go strong. Aided dominated by the considerable resources of the BIAW, Rossi is now the nominal leader of a calculated and dishonest campaign to discredit the entire Democratic party. As George Howland writes in The Seattle Weekly, the Democrats failure to effectively defend Gregoire’s legitimacy could make her win a Pyrrhic victory:

The Republicans recognize they have an opportunity, whether or not they win in court. That’s why their revote campaign is so smart. By whipping up a frenzy, the GOP has left most of Washington feeling like 2004 was a botched election.

I do my best to refute the vicious lies and irresponsible rumor-mongering coming from conservative talk radio and the right-wing blogs, but some days I feel like I’m just pissing into the wind. It’s time for the state Democratic Party to fight fire with fire and money with money… they need to wake up and realize that they are in the middle of a political campaign — rallies, paid media, yard signs and all — however weak Rossi’s legal case might be.

Personally, I could give a shit about public opinion when public opinion is wrong, but I’m not running for office! The Republicans are boldly, loudly and unashamedly lying to voters… because it works. At the rally in Olympia yesterday, GOPolitburo Chair Chris Vance said:

“Hundreds of felons voted, hundreds of dead people voted and hundreds of people voted twice.”

These are LIES, damn it, and Vance knows it! But apparently the public does not, else he wouldn’t keep repeating them.

I am a proud Democrat, and I am sick and tired of being called a cheater and a thief by BIAW thugs and their political puppets in the GOP. I have stood up for the Democratic Party again and again, and it’s time for the Party to stand up for me and the hundreds of thousands of other proud Democrats whose support has never wavered.

Dino Rossi will soon get his day in court. And it’s time us Democrats get our day in the court of public opinion.

If Tim Eyman calls a press conference, and no reporters show up, did he make a sound? Apparently not, for the most striking thing about the media coverage of Tim’s performance audits initiative was the almost total lack thereof.

Yesterday was the opening day of the initiative filing season, an event Tim has traditionally turned into an annual photo op… but this year, few reporters took advantage of the opportunity. Indeed, scanning the papers, Tim’s “I-900” received nary a headline and barely a mention in the wrap-ups of the day’s political events.

Of course, with the filing coinciding with the first day of the legislative session, and the GOP’s failed efforts to block certification of Christine Gregoire’s election, part of Tim’s failure to grab headlines was due to timing. But it is also due to the fact that Tim Eyman’s time may have passed.

In fact, the most press coverage an Eyman initiative got today was actually his four-year-old I-747. A group of environmentalists, social organizations and at least one county have filed suit to have the measure tossed out. [Lawsuit says I-747 violates state constitution]

I-747 is a particularly nefarious initiative because its impact is so gradual, masking from the public the enormous cuts projected out onto future budgets. I-747 limits property tax revenue growth to 1% a year… well below inflation, let alone growth in population or personal income. As revenues grow slower than demand for public services, these services are gradually cut. Without revision or repeal, many local taxing districts — particularly in rural communities in eastern Washington — face insolvency over the next few years.

Eyman claims the initiative was carefully drafted to avoid constitutional problems, but as usual, I tend to trust experts over lying blowhards:

Attorney Hugh Spitzer, whose firm has challenged many of Eyman’s initiatives, said it was clear after the initiative passed that there were constitutional issues that could be raised, but there wasn’t a group of cities and counties that wanted to spend the time and effort to litigate it.

If Hugh Spitzer says there are valid constitutional issues, then there are valid constitutional issues. Whereas if Tim Eyman says the sky is blue, I’d have my doubts.

Anyway, it’s nice to see Timmy on the defensive, and it’s unlikely we’ll see him recover any time soon. His newest initiative is a dog, and even if it wasn’t about to be obviated by a more reasonable legislative proposal, he still lacks the grassroots and financial resources to qualify it for the ballot. And now I-747, his most lasting contribution to our state of perpetual budget crisis, is under legal attack.

Tim has failed to pass an initiative two years running, and as his ethical scandals continue to outnumber his electoral victories, he will continue his inevitable slide towards political irrelevance.

Who knows, maybe next year, when the media fails to show up for yet another filing day press conference… perhaps I won’t even bother to blog on it?

As expected, the Legislature just certified Christine Gregoire’s election as our new governor.

Anybody looking for excitement in Olympia today better hope for some kind of street fight between Gregoire and Rossi supporters… because you’re not going to get any drama from the Legislature. Sure, Republicans might follow through on their childish threat to walk out of the joint session, but any chance they had of blocking certification of Christine Gregoire’s election vanished when the slim Democratic majority in the Senate held firm during a procedural vote yesterday.

With that out of the way, the final certification of the election results will fall to a joint session of the Legislature, where a more solid advantage in the House gives Democrats a comfortable majority. Gregoire will be certified on Tuesday, and sworn in on Wednesday… regardless of how much money the BIAW spends on paid media.

Good thing too, because we choose our governor based on who wins the election the first Tuesday in November, not on who wins the PR battle afterwards. This is not a parliamentary system where governments are toppled on losing a vote of confidence — if Rossi wants a new election, he’s welcome to it… in 2008.

So it’s onto the courts — the proper forum for contesting an election — where I expect Rossi’s BIAW attorneys will be less persuasive then his BIAW financed media campaign. For while the court of public opinion might be moved by unsupported rumor and innuendo, a court of law is inconveniently rigid about obscure technicalities like “facts” and “evidence.”

Rossi has spent weeks shamelessly accusing Gregoire, the Democrats and King County Elections officials, of “fraud,” “corruption” and “conspiracy,” but his attorneys — constrained by reality — have now translated these charges into “neglect,” “errors” and “omissions.” This sudden shift in word choice cannot simply be dismissed as a legal expediency… it is an admission that they never had the evidence to back up these baseless charges in the first place.

For this, Dino Rossi owes the public an explanation. And he owes Christine Gregoire an apology.

Show your support for following the rule of law! Rally at the Capitol, Tuesday, Jan 11th, 10:30 AM, State Capitol, Olympia WA, Story Pole on North Side of Capitol Campus.

Or, show your support for Christine Gregoire, by telling the Legislature to stand up to the BIAW media campaign, certify the election, and get on with the business of government! Call the Legislative Hotline, 1-800-562-6000, or email your legislators!