That series of four-page mailings many of you have been getting from the Washington State Republican Party, attacking Gov. Chris Gregoire and urging you to “vote for Dino Rossi”…? Not only are the mailings deliberately misleading and factual incorrect, but according to a complaint filed today with Public Disclosure Commission, they are also a blatant and massive violation of campaign finance laws prohibiting the use of soft money for direct advocacy. In other words… Dino Rossi and the Republicans are cheating.
And having obtained a PDF of the complaint from Seattle attorney Kyle Olive, I’ve gotta say that the charges within are pretty cut and dry. The WSRP most definitely spent $150,000 of “exempt” funds on a last minute, “non-exempt” smear campaign, and they barely even tried to hide it.
The Washington State Republican Party (“WSRP”) has recently sent out several large mailings containing direct advocacy on behalf of its gubernatorial candidate, Dino Rossi. The advertisements not only directly attack Governor Christine Gregoire, but explicitly ask voters to “vote for Dino Rossi.” It appears from WSRP filings with this agency that these mailings were paid for with “exempt funds,” in plain violation of RCW 42.17.640.
So what does all this mean, and what makes the violation so clear cut? Well, as Olive explains in his complaint, our campaign contribution and expenditure limitations were imposed via initiative in 1992, with the stated goal of ensuring equal opportunity “to influence the elective and governmental processes,” and to restore “public trust in governmental institutions and the electoral process.” These rules thus limit the ability of a single wealthy individual—say, McCaw Cellular co-founder Rufus Lumry—from personally bankrolling a candidate’s campaign.
There are exemptions though, for certain party-building and get out the vote activities, as specified in RCW 42.17.640 (the emphasis is mine):
(15) The following contributions are exempt from the contribution limits of this section:
(a) An expenditure or contribution earmarked for voter registration, for absentee ballot information, for precinct caucuses, for get-out-the-vote campaigns, for precinct judges or inspectors, for sample ballots, or for ballot counting, all without promotion of or political advertising for individual candidates; or
(b) An expenditure by a political committee for its own internal organization or fund raising without direct association with individual candidates.
Exempt contributions to parties fall outside the normal contribution limits and must be deposited in a separate “exempt” bank account from which only “exempt” expenditures can be made. And the statute is pretty damn clear that “exempt activities” may be paid for with exempt funds only if they are done “without promotion of or political advertising for individual candidates,” and “without direct association with individual candidates.”
And if that’s not clear enough the PDC spells out in its rules (WAC 390-17-60) that promoting or advertising “one or more clearly identified candidates do not qualify as exempt activities”, while definitively stating that…
A candidate is deemed to be clearly identified if the name of the candidate is used, a photograph or likeness of the candidate appears, or the identity of the candidate is apparent by unambiguous reference.
Well, you can’t get any more unambiguous than this, an image that appears in one form or another in each of the three illegal mailings on which the WSRP spent $150,311.10 of exempt funds:
Let’s see now… name of the candidate? Check. Photograph or likeness of the candidate? Check. Unambiguous reference to the candidate? Check and mate.
Oh… and most of the rest of the content of these illegal mailings are devoted to trashing Gov. Gregoire by name and by likeness (and by lies), an activity that on its own disqualifies the use of exempt funds:
For purposes of RCW 42.17.640 and this section, activities that oppose one or more clearly identified candidates are presumed to promote the opponent(s) of the candidate(s) opposed.
This isn’t rocket science. It’s Campaign Finance 101. All the political candidates, consultants, committees and parties know damn well what is or is not allowed. And yet the WSRP chose to blatantly violate campaign expenditure laws that have been in place for the past 16 years.
Why? Because there are no limits on exempt contributions, and given the Republican Party’s tarnished brand, that’s about the only sort of money they seem to be able to raise these days: large, lump sum contributions from wealthy individuals like Rufus Lumry ($80,000) and Eastside developer Skip Rowley ($30,000), and from powerful special interests like the National Electrical Contractors Association ($50,000) and Walmart ($25,000). If they could have raised non-exempt money I suppose the would have, but they can’t, and the WSRP’s non-exempt committee is now virtually bankrupt. So instead they illegally used these lump sum “exempt” contributions, on their benefactors’ behalf, to directly influence the gubernatorial race… exactly what Initiative 134 was intended to prevent.
Meanwhile, Dino Rossi and the WSRP continue to make hay about tribal contributions to the state Dems’ exempt committee, monies which, as far as I can tell, have only been used for exempt purposes. Perhaps the reason why the R’s seem so suspicious of the D’s use of these exempt funds, is that the R’s misuse these funds themselves?
In psychology, that’s called “projection,” but in politics we just call it “cheating.”
Let’s be clear, this is no mistake or accidental oversight; WSRP chair Luke Esser, allegedly a lawyer, deliberately and knowingly violated the law, feebly attempting to disguise these illegal expenditures by mislabeling them as “member communications” (a label that would not make these expenditures exempt, even if true.) The WSRP could have run the mailing past the PDC ahead of time—campaigns do this all the time—but they knew the answer they would get. Which of course is why they never asked.
No doubt the WSRP fully understands that it faces a substantial penalty for such a flagrant and deliberate PDC violation, but that won’t come until after the election, so no harm done. No, if there’s a penalty to be paid ahead of this election it will have to come at the hands of the local media, but whether they’ll give this story the scrutiny it deserves, or merely brush it off as another “he said, she said” between two feuding camps, remains to be seen.
She has to go. Time for a change.
Vote Dino Rossi.
I am sure the Seattle Times will be congratulating the WSRP for their foresight!!! What good are rules, or laws, if lying Republiconvict Slimeballs can’t violate them, in order to cheat. See Ken Blackwell.
Where is the outrage from the “liberal bias” in the media?
(crickets chirping)
When will the Times and PI stop fellating the Cons and start telling the truth?
Rossi is a fraud.
Dino Rossi and the Republicans are cheating.
Eh. So what else is new?
Oh it must new for those who “prefer GOP party”.
Rossi is a angry, power-craving, lightweight fraud and a puppet of BIAW.
Re-elect Chris Gregoire.
Ah….but “violating the law doesn’t necessarily constitute a crime”. Remember, we were all told that last week by none other than the Attorney General of the United States.
That flyer is interesting.
It actually has the word “Republican” in it.
Unbelievable!
@4
Source?
@4 And thus a person caught jay-walking in Seattle has a higher price to pay for their actions than does Monica Goodling.
@6 You must be kidding. Where have you been?
@8
Actually, out of town. I don’t tend to keep up with the news, when traveling.
@ 9
You could try a little google.
The Washington State Republican Party mailings also seem to have failed to list Dino Rossi’s party affiliation, which is the “G.O.P. Party”. Another violation of the law!
@10
Thank you.
Seems a bit “shaky”. I’m not a lawyer, but that appears inconsistent, if nothing else. What do you think my chances are of beating my next traffic citation if I try that line of reasoning?
I’d like to vote for Gregoire but I’m still very pissed off about the Sonics mess. She’s the only one I can take it out on. I’d really like to find a compelling reason to vote for her as opposed to voting against her opponent, the BIAW lackey, Dino Rossi.
What are you worried about? Chrissie’s gonna win, and it will be biz as usual for another fun-filled four years of madcap Democratic control!
“Yippie-tie-one-on! See ya on the Funway!!”
{palgarized from Firesign Theater, circa 1972}
Blaming the Governor for the Sonics is simply foolish. Bennett and company clearly intended to move them all along. They made an offer we cound not acccept. They destroyed the team performance and refused to allow proper media coverage. And when interest waned and the proper outrage over their arrogance ( a $500 million arean with public money, please!!).
You might have reasons to oppose her but that ain’t one.
You tards keep digging and I’ll call the cable
company. Rossi is going to win handily. I’ve
been to the secret meetings where no film crews
are allowed (at least from the side of evil)
and boy does Rossi have some big surprises in store. Can’t wait.
You tards keep digging and I’ll call the cable
company. Rossi is going to win handily. I’ve
been to the secret meetings where no film crews
are allowed (at least from the side of evil)
and boy does Rossi have some big surprises in store. Can’t wait.
I heard about that too. It going to be great actually having a real governor again instead of a queen. roof roof.
@16 and 17: Every dog will have it’s day…and every idiot will have their say.
Rossi is a cheating liar – but other than that and the fact his transportation plan was so full of holes – that we could put the 520 bridge though it (the same bridge he claimed to be able to build for 8 lanes, cheaper than for 6 – what a joker!) – he would make a good dog catcher if all the dogs were tethered and neutered.
Frankly, the BIAW has Rossi in it’s pocket – and it is looking more and more as though Rossi is afraid of transparency, afraid of playing fair and afraid of actually having a real position on issues (except repeating his no new taxes mantra). The guy has no clue – and if he was ever elected governor would be thrown out of office for illegal activities. If he can’t even run his campaign in a fair and open matter – what would he do in office?
Why do right wing fuckheads even pretend anymore? They’re all lying law-breaking assholes. They only care about “rule of law” as long as it works against their opponents.
This is why republican children turn out to be pedophiles. They can’t tell right from wrong because they’ve never been taught the difference.
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But Rossi isn’t in the Republican Party, he’s in the G.O.P. Party.
It’s 76 days to the November election. Very stupid of the Republicans to violate campaign laws now.
Dude, it’s “cut and dried.”
David @ 23: Actually, it’s all about Tuesday’s election.
Rossi knows if he comes in far behind Gregoire in the “top two” primary count, that his fund-raising will go into the toilet. He’s been spending every dime he has for the past two weeks (plus money he doesn’t have, as this post indicates), in order to avoid that.
If he can perhaps place above Gregoire in the top-two count, he can use this to claim “legitimacy” that he is a “serious candidate”, and as further proof that the 2004 election was “stolen”. He will claim that as a huge victory, and hope to ride that momentum through November.
I’m sure the Republican Party figured they would get fined for this one. But Rossi would claim his campaign wasn’t involved, and the Republicans will just get their hands slapped, the public will be confused about what is allowed and what isn’t, and the whole thing might not come to a head until after the general election, anyway.
Of course, I wouldn’t be too surprised if he edges Gregoire in the top-two primary count. It means a lot more to the Republicans than it does to the Democrats, so they are more likely to turn out in force on Tuesday. The only count which really matters is in November.
McCain has broken campaign finance laws blatantly in the primary season with no ramifications.
Rossi’s people are doing it here.
These laws appear toothless for the rich and powerful. If the candidates aren’t punished in real time before the election, there really isn’t much point.
Yep, they know that by the time the PDC finally gets rolling on an investigation, and before the press recognizes the seriousness of this, it will have accomplished the desired effect. Further indication of just how desperate they are to win. At all costs.
I took a peek at Luke Esser’s campaign filings from 2006–what a mess! He still hasn’t paid over $6000 in debts and never did file a final report. He just quit reporting,probably figuring after the election nobody would care or notice. A bank balance of $8446. (What happened to that money?) A huge amount of money ($243,688)was paid to Madison Communications (Brett Bader & Company) and lots of money spent well after the election and not reported until much later.
I’d love for Richard Pope to take a close look at Esser’s filings. He knows a lot more about this stuff than I do!
According to the Anchorage Daily News, Bader is the possible co-conspirator in the recent plea agreement involving a former Alaska developer who is facing prison time for conspiracy to commit honest services mail and wire fraud. The Dept of Justice has not yet named the consultant, and refers to him throughout the various documents as “Consultant A”
Of course, Rossi’s people have the “whispering campaign” in full swing.
I heard it on Sunday, when a lady from my church, with wide eyes and an astonished look, pulled me aside and said: “I hope you aren’t going to vote from Gregoire! You know, it’s an open secret in Olympia she’s a lesbian, and as soon as the election’s over, she’s going to make sure that only gays and lesbians can hold jobs in the state! Of course, the liberal media here would never report that….”
I just about bent over, laughing.
Whether or not a candidate breaks campaigning rules in the course of an election is not a major criterion under which most people are casting their vote. Someone in the Republican Party did the math, and figured out that the net gain of votes is worth more then the short (if any) bad publicity he will get and any fines that might have to be paid after the fact.
Republicans, as well as any candidate that is more conservative then their opponent (HRC anyone?), know that smearing and lying works, sometimes enough to produce a victory, and that is why they use it at all costs.
Goldy said: “… or merely brush it off as anther ‘he said, she said” between two feuding camps….”
Assuming they report this at all, I think I can pretty much write the story as it will appear in the two Seattle papers:
@28
You mean it’s not true???
(joke, for the humor impaired. Only here would I feel compelled to make that explanation, btw)