BY AUTUMN KNOWLTON
OLYMPIA, Washington - The Washington State Public Disclosure
Commission (PDC) decided January 26 to put off a decision on an
appeal by the Socialist Workers 1998 State Campaign Committee of
a 1998 ruling that threatens to undermine the campaign's right
to keep the names of contributors confidential. Amid confusion
and disagreement, the PDC voted for a "30-day study period" to
review the provision before its February meeting.
Last year, the PDC formally granted the Socialist Workers Campaign an exemption from state laws requiring campaign committees to disclose the names of their contributors and vendors. However, the ruling asserted that the PDC had a right to review such records indirectly.
A section of the ruling reads, "The applicant shall make available its public disclosure reports for public inspection during the eight days before the election, but not its books of account; except that, if the PDC determines a review of the applicant's books of account is necessary the records shall be made available to an independent third party mutually agreed to by the applicant and the PDC." [Italics added.]
Despite objections by the Socialist Workers Campaign at that time, the PDC approved this measure. The campaign's lawyer filed an appeal with the PDC .
At the hearing on the appeal, individual Commissioners disagreed about the meaning of the "books of account." Questioning the entire audit provision, Commissioner Ron Meyers asked if "the PDC ought to have any way to look at that information at all."
Commissioner Ronda Cahill indicated she voted for the provision last year believing that this meant allowing a third party to review the coded receipt and check book records kept by the campaign, and not the actual names, addresses, and occupations of contributors and vendors. Under both the Federal Elections Commission (FEC) and PDC exemptions, Socialist Workers campaign committees are required to use codes for the names of contributors and vendors in order to maintain their confidentiality.
Mark Eide, a cooperating attorney with the American Civil Liberties Union of Washington State, represented the Socialist Workers Campaign. He outlined the chilling effects the PDC's provision would have on the campaign's contributors and on the campaign's ability to raise funds.
Eide pointed out that the FEC had granted an exemption from disclosing the names of contributors and vendors to the Socialist Workers campaigns in federal elections based on court decisions upholding the rights to privacy, free speech, and voluntary association of minor parties who have demonstrated a history of harassment for their political views.
Eide said the PDC had for 10 years made similar findings of fact as the FEC in granting Socialist Workers campaigns exemptions from public disclosure. "What has happened," he asked the Commission, "to require this new provision today?"
In response, Susan Harris of the PDC staff, stated that the "independent third party review" she said "would be a mechanism in place to show that all the public disclosure laws have been adhered to." Harris emphasized that the third party should be able to audit all the records, including the names and addresses of contributors and vendors, and said that was the intent of the provision when the PDC staff proposed it last year.
At this point, Commissioner Gary Maehara made a motion to add that the audit by a third party be done in such a manner as to "maintain the confidentiality" of the contributors and vendors from the PDC. The commission approved this motion 3 to 1.
Eide asked the Commission to table the motion, even though it had been passed, to allow him and the PDC staff to discuss the language of this provision. The PDC, Eide said, was "one step down a slippery slope," because "once you set a precedent, then other agencies are going to start whittling away" at the exemption. The PDC then voted to rescind the motion by Maehara they had just approved, and to allow a 30-day "study period" before returning to this issue.
After the hearing, Scott Breen, representing the Socialist Workers Campaign, thanked Eide and the delegation that had attended the hearing. These included three members of the International Association of Machinists (IAM), a member of the Young Socialists, a railroad worker, and another supporter of the Seattle Committee to Defend Free Speech. Breen stated, "We need to step up the public pressure on the PDC. This fight for democratic rights is not over."
The Socialist Workers campaign is calling on trade unionists, civil libertarians, and supporters of democratic rights to send letters to the PDC supporting the right of the Socialist Workers 1998 campaign to an exemption without the audit provision. Send letters to Melissa Warheit, Executive Director, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908. Fax: 360-753-1112. Please send copies to the Socialist Workers campaign at 1405 E. Madison, Seattle, WA 98122.