PAC ads out of control, PDC says

OLYMPIA -- Special interest spending has poisoned politics in Washington, the state Public Disclosure Commission said Thursday after recommending sweeping campaign finance restrictions on corporations, unions and other associations.

"The dramatic and overwhelming increase of money spent on independent advertisements interferes with the fundamental democratic process," Commissioner Mike Connelly said. "It's obvious that millions of dollars would not be spent if the spenders didn't expect to receive a benefit."

But even if that is true, setting limits on political advertising could violate First Amendment free speech rights and would likely be challenged in court.

"We're obviously opposed to anything that infringes on our members' free speech and ability to actively participate in the political process," said Elliot Swaney, spokesman for the Building Industry Association of Washington. He said the group's response would depend on the details of the proposed legislation.

The commission recommended new laws banning organizations from paying for independent advertisements that attempt to influence state executive, legislative and appellate court elections.

Lacking the authority to enact such a ban, the commission called on Gov. Chris Gregoire and the Legislature take up the issue when lawmakers convene in January.

Gregoire was generally receptive to the idea.

"I am concerned with the amount of special-interest money spent in the last election, particularly in Supreme Court races," she said. "I have not seen the specific recommendations from the PDC, but I am generally supportive of measures that increase participation and allow voters to make informed decisions."

In one primary race alone, special interests, including the BIAW, spent more then $1.3 million on independent advertisements in an unsuccessful attempt to oust Supreme Court Chief Justice Gerry Alexander.

The disclosure commission subsequently began to question state policy that allows unlimited spending on political ads that are not directly controlled by a particular candidate's campaign.

More than $5.5 million was spent on independent advertising for these elections this year.

State and federal laws limit the amount an individual, businesses or organization may contribute directly to a candidate or campaign. For the state Supreme Court, for example, the cap is $2,800 combined for the primary and general election.

But there are no limits on contributions to political action committees, political party organizations and other groups that spend money on campaigns. And so long as they don't coordinate their efforts with specific candidates, there are no limits on what PACs and others can spend on television advertising, direct mail or other tools in an election.

Disclosure commission spokeswoman Lori Anderson said the dramatic increase in money spent on independent political advertising undermines transparency in the political process.

"Even though we have disclosure requirements in place for the independent advertisers, if they're spending money that they already have or if they are spending money that wasn't solicited for that particular piece, the public doesn't know who has helped to pay for those ads," Anderson said.

Swaney, the BIAW spokesman, said the results this year made it clear informed voters make up their own minds. John Groen, the candidate the group backed with robust independent spending, lost.

"To heighten awareness of these races is a good thing," he said. "It allows the public to make up their mind one way or the other."

HIGHLIGHTS OF COMMISSION'S RECOMMENDATIONS

The state Public Disclosure Commission is recommending big changes in how money is spent on political campaigns in Washington. The commission wants to:

Prohibit the use of corporate or association general treasury funds for independent expenditures or electioneering communications to influence state executive, legislative and appellate court elections.

Prohibit the contribution of general treasury funds to political action committees that would make independent expenditures or electioneering communication to influence state executive, legislative and appellate court elections.

Place a dollar limit on the amount an individual or PAC (including a party or caucus committee) may annually contribute to another PAC and limit the amount each PAC may annually receive from any source.

Impose an overall annual cap on the amount of contributions an individual or political committee may contribute to all PACs supporting or opposing candidates.

P-I reporter Chris McGann can be reached at 360-943-3990 or chrismcgann@seattlepi.com.

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