BY DENNIS RICHTER
SEATTLE, Washington - The Oregon Elections Division has
denied a request for an exemption from disclosing the names of
contributors to, and vendors of, the election campaign of
Adrienne Weller, the candidate of the Freedom Socialist Party
for Oregon state representative in the 18th District.
In an Oct. 23, 1998, letter, Fred R. Neal, Campaign Finance Manager of the Oregon Elections Division, wrote: "There is insufficient evidence to show that there is a reasonable probability that the required disclosures will subject those identified in the reports to threats, harassment, or reprisals." The letter formally denied Weller's request.
In closing, the letter justified the Division's rejection of an exemption by stating: "A similar exemption was requested before the city of Seattle Ethics and Elections Commission (SEEC) in 1997 and was denied."
Neal is referring to the SEEC decision to deny the Socialist Workers 1997 Campaign an exemption from publicly disclosing the names of its contributors and vendors last year. The Socialist Workers Party ran Scott Breen for mayor and Roberta Scherr for city council in Seattle in 1997.
"The Oregon decision represents a widening attack on the right to privacy, free speech, and voluntary association, which began with the City of Seattle during my campaign," Breen said in an interview. "This proves what we said at that time: the SEEC decision would not be limited to Seattle, nor just to the Socialist Workers Party. All fighters for social justice, especially trade unionists who face increasing intervention by government into our unions, should protest the Oregon decision and demand it be reversed."
The SEEC decision prompted a public campaign organized by the Seattle Committee to Defend Free Speech, demanding the SEEC reverse its initial decision, drop its proposal to fine the Socialist Workers Campaign $6,000 and grant an exemption. It spanned three public hearings and generated public debate in the major newspapers. The Committee to Defend Free Speech organized protest meetings and its fight received active legal support from the American Civil Liberties Union (ACLU) of Washington.
Dozens of individuals, including Secretary-Treasurer of the King County Labor Council Ron Judd, sent letters of protest to the city of Seattle and supported the demands of the Seattle Committee to Defend Free Speech.
After this six-month public protest, the City of Seattle and the Socialist Workers Campaign agreed to a settlement. The city authorities, while refusing to grant an exemption, agreed not to demand the names of the contributors and vendors, thus preserving the privacy rights of those individuals. The socialist campaign agreed not to file a lawsuit and pay a significantly reduced fine of $330.
Long history of struggle
In the wake of the enactment of "public disclosure laws" and
government bodies to enforce them in the 1970s, the SWP and
ACLU fought to have minor political parties who have been
targets of government harassment - like the Socialist Workers
Party - exempted from reporting the names, addresses, and
employers of contributors and vendors of their election
campaigns.
Such lists, if publicly disclosed, could provide ready-made "enemies lists" and subject individuals to harassment and reprisal. In addition, such laws give the government more tools to intervene into workers organizations like the Socialist Workers Party and the unions.
After nearly a decade-long battle, these exemptions were won, backed up by Supreme Court decisions like Buckley v. Valeo and Brown v. Socialist Workers 1974 Campaign Committee.
Since the 1980s, the Federal Elections Commission has granted such exemptions to SWP campaign committees. In 1996, citing evidence of continuing harassment, including from government agencies like the police, the FEC granted the SWP an exemption from public disclosure until 2002.
The SEEC's decision in 1997 was the most serious recent probe by ruling-class forces against this provision. They denied that there was a reasonable probability of harassment against the Socialist Workers Campaign, despite evidence provided to the contrary. This included the fact that Breen's employer, the Boeing Company, carried out an investigation of him after being interviewed as a candidate on a popular radio show. This was seen by many as an act of intimidation. The Boeing Company also maintains an anti-communist "rule" against engaging in "un- American activities."
The SEEC also attempted to influence the Washington State Public Disclosure Commission (PDC) in 1997, faxing a copy of their decision to the commission right before a hearing of that body on the Socialist Workers Campaign's request for an exemption. The PDC granted an exemption at that time.
Fight to overturn new PDC provision
In 1998, the Washington state PDC again granted a formal
disclosure exemption to both the Socialist Workers 1998 State
Campaign and to the Freedom Socialist Party candidate for state
representative in the 37th District. It inserted, however, a
new provision that allows for "an independent third party"
audit of their campaign's books.
Breen, speaking before the PDC hearing in August that made this decision, explained why the Socialist Workers Campaign opposed this new provision. "This new provision runs contrary to the PDC's own findings that we are subject to government and private harassment for our political views. It opens a crack in the protection of privacy and voluntary association we have won over the last 25 years. If allowed to stand, it can be used to subject our contributors and vendors to public scrutiny now and be widened in the future."
The Socialist Workers Campaign has formally appealed this provision of the August ruling and the PDC has agreed to reconsider it at their Jan. 26, 1999, hearing.