State won't investigate labor e-mail

Labor council told members to 'inflict damage' on Eyman's latest initiative

DAVID AMMONS, THE ASSOCIATED PRESS

Originally published Saturday, April 13, 2002

OLYMPIA -- The attorney general and election officials have declined to investigate complaints that the Washington State Labor Council used a "dirty tricks" e-mail to try to scuttle a Tim Eyman-sponsored initiative.

The Public Disclosure Commission plans a preliminary inquiry to see if the tactic broke any election laws, but at first blush, it appears it did not, said spokesman Doug Ellis.

The labor council recently e-mailed labor activists across the state to suggest that they ask Eyman's Permanent Offense committee for petitions for Initiative 776, presumably only to throw them in the waste can when they arrived.

"We can inflict some damage on their bank account and their petition supply if we all do our part," wrote Diane McDaniel, the council's political director.

I-776 would roll back car tab fees to $30 a year by eliminating local fees, including a big chunk of the support for Sound Transit in King, Snohomish and Pierce counties. Permanent Offense has until early July to collect nearly 200,000 valid signatures to secure a place on the November ballot.

No basis for case

Deputy Attorney General David Walsh told Eyman's Permanent Offense group that his office doesn't condone the campaign tactic, but doesn't see grounds to investigate.

"Your frustration and concern about this tactic is certainly understandable," Walsh wrote Jack Fagan, co-chairman of the group, in a letter released Friday.

Laws dealing with initiatives, consumer protection and fraud do not cover this situation, Walsh said. The U.S. Attorney's Office sees no basis for a federal criminal investigation, he added.

"While the attorney general's office is not authorized to take action on this matter, I want to assure you that the office does not condone in any way the use of these types of tactics," Walsh wrote.

In a separate letter, Secretary of State Sam Reed told Fagan his office has no jurisdiction over such complaints. Election officials want the "highest level of integrity and accuracy" as initiatives are circulated, but have no power to investigate or oversee campaign activities and the solicitation of signatures, Reed said.

Walsh said his office will assist the PDC in an inquiry. Ellis, though, said, "I don't think it will be much of a big deal." The commission doesn't have the authority to regulate political speech or campaign tactics; it can only enforce reporting of campaign spending, he said.

Labor Council spokesman David Groves said Friday that the e-mail was "a one-time thing" and won't be repeated. But he said the council is unapologetic and was within its legal rights to communicate with its own members about a strategy to beat back the initiative.

McDaniel isn't in trouble and, indeed, some activists are delighted that the council is being so aggressive, he said in an interview.

"They feel like they are under siege by anti-tax zealots and agree that we should use any weapon at our disposal," Groves said.

Fagan said he sees a double standard, with government lawyers attacking "the little guy" and protecting the powerful.

The commission and attorney general are pursing a lawsuit against Eyman, alleging he and the campaign group violated laws by allowing him to use campaign funds for his personal use.

"It is sad. It seems like the powers that be protect the big guys, but not the citizen groups who seem to be the target of all the harassment," Fagan said.

He said his backers' outrage with labor's tactic more than makes up for any damage the e-mail did. "It backfired. It inspired us," he said.

On the Web:

- Office of the Attorney General: www.wa.gov/ago

- Washington State Labor Council: www.wslc.org

- Public Disclosure Commission: www.pdc.wa.gov

- Permanent Offense: www.i-747.com

The Olympian Copyright 2002

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