Wash. sues state GOP on election mail

Attorney General Rob McKenna has sued the state Republican Party over alleged violation of campaign finance laws.

The Republican attorney general filed the suit Friday in King County Superior Court, and then handed all responsibility for the case to his chief deputy, Brian Moran.

McKenna's spokeswoman, Janelle Guthrie, said McKenna is not handling the case because of his long-standing friendship with the state Republican chairman, Luke Esser. Esser has worked for McKenna in the past.

The court assigned the case to Judge Jeffrey Ramsdell. A trial date has been set for March 29, 2010. Guthrie said that the attorney general's office had no say in the trial date, which was randomly picked by the court.

The move comes after the state Public Disclosure Commission asked McKenna to determine whether the Republicans used the wrong account to pay for three mailers promoting Republican Dino Rossi over Democratic Gov. Chris Gregoire in the August primary election.

In a 4-1 ruling last week, the commission said the party apparently committed multiple violations of campaign finance law. Commissioner Jim Clements was the only one who opposed the action, saying he feared that requesting an investigation so close to the election was too political.

The case centers on three mailings, sent before the primary, that attacked Gregoire on public safety, taxes and spending.

Each contained photos and quotes of Rossi and the statement, "Vote for Dino Rossi and our entire State Republican Team in the Aug. 19 Primary."

The state's political parties have two types of campaign accounts - "exempt" and "nonexempt" - to pay for political activities in state and local races.

Nonexempt accounts can be used for candidate campaigns, but contributions to those accounts are capped at $4,000 from interest groups and political action committees.

Exempt accounts are not subject to donation caps, but can only be used for such things as fundraising activities and get-out-the-vote campaigns. Individual candidates can't be promoted.

The lawsuit filed by McKenna contend the GOP used those exempt accounts to pay nearly $213,000 for the mailings promoting Rossi.

The complaint was filed Aug. 18 by Bellevue attorney Kyle Olive. The Republican Party says the mailings were "internal political communications" sent only to members of the party as it defines them.

Guthrie said McKenna is not seeking an injunction because of a letter the state party sent Thursday saying that it would only communicate with its members using nonexempt funds.

In the letter written to Linda Dalton, the senior assistant attorney general assigned to the PDC, Republican attorney John White wrote that the party "continues to believe that it acted in accord with Washington law and its rights under the federal and state constitutions."

White wrote that while the party won't risk additional penalties by accessing the exempt account for mailings, it will take legal action challenging the state's decision.

Guthrie said if the attorney general's office finds out the party has used any exempt funds illegally, it is prepared "to immediately seek court intervention to stop the behavior."

---

On the Net:

Public Disclosure Commission: http://www.pdc.wa.gov