Responsible for ensuring compliance and enforcing Washington’s disclosure and campaign finance laws, the Public Disclosure Commission is one of those quiet but vital corners of state government.
Perhaps more versed in the law than win-at-all-costs electioneering, the PDC’s five commissioners ought to avoid what’s known in politics as an October surprise — a game-changer that scrambles the landscape in the closing days of campaign season.
Unfortunately, by advising the public on Oct. 22 that it would immediately suspend enforcing certain limits on large contributions, the PDC barreled straight into headlines such as: “Cash floodgates open after state lifts caps.”
In future, better situational awareness on the part of commissioners would be in order.
The issue first came before the PDC last year, when a political consultant complained that a rival’s campaign violated state law. Under RCW 29B.40.070, a person may not make, and a candidate or committee may not receive, a contribution within 21 days of the general election if the contribution exceeds $75,000 for a campaign for a statewide office or $7,500 for any other office.
Lawyers for Tam Bui, the state appeals court judge responding to the complaint, made several arguments, including that preelection limits on contributions violated the Constitution.
In its June meeting, the PDC dismissed the case against Bui. But commissioners also indicated that the restriction was likely to be struck down, and they wanted to develop their own guidance if the campaign finance law was not going to be enforced.
Yet, even during this high-stakes election year, the urgency apparently was lost on them.
During their September meeting, commissioners resolved to draft a public statement announcing that the PDC would immediately suspend enforcement of the 21-day limit. Any political operative watching these proceedings would have known that the PDC had effectively lifted the caps on large contributions.
But no one seemed to pay attention to what was happening at the PDC meetings, which are open to the public. And the PDC was in no rush, leisurely scheduling the matter for final action at its next meeting: Oct. 22, just 11 days from the election.
The reaction was as regrettable as it was predictable.
“What the Actual??? WA STATE CORRUPTION,” wrote Brian Heywood, of the group Let’s Go Washington, in a post, following the announcement. “Checks of any size, right up to Election Day.”
“It’s like we’ve all been playing an entire football season under one set of rules and then the night before the Super Bowl” a key rule is changed, Stephen Paolini, a consultant working on multiple campaigns, told The Seattle Times.
Earlier this year, an attorney and frequent campaign finance complainant launched a recall effort against Gov. Bob Ferguson for failing to fill vacancies on the PDC. That was a stretch, but the governor eventually got to it: Three of the five members were appointed within the last six months.
Consider this part of the learning curve. No one benefits from major, sweeping, last-minute changes in campaign finance enforcement, including the PDC itself.
