The Buildergate scandal takes a new twist this morning as former Washington State Supreme Court Justices Faith Ireland and Robert Utter filed notice with Attorney General Rob McKenna of their intent to bring suit against Republican gubernatorial challenger Dino Rossi, alleging illegal campaign coordination with the Building Industry Association of Washingtion (BIAW) and its political committees. They also filed a lawsuit in King County Superior Court claiming that the BIAW’s coordination with Rossi disqualify it from making “independent” expenditures in the 2008 gubernatorial.
These dramatic legal developments could have a huge impact on the gubernatorial race. The BIAW has already spent over $2 million on behalf of Rossi this year, mostly smearing Governor Chris Gregoire, and plans to spend an additional $700,000 during the final weeks of the campaign. The justices are asking that further “over limit” expenditures be barred by court order.
These suits are just the latest in a widening Buildergate scandal for which the BIAW is already being prosecuted, in a case stemming from Utter and Ireland’s original October, 2008 complaint. But while McKenna is pursuing the BIAW for numerous “egregious” campaign finance and reporting violations, he took no action on the assertion that the BIAW improperly coordinated its activities with Rossi, thus prompting Utter and Ireland to bring suit on their own.
In a joint statement, the two retired justices—both appointed to the bench by Republican governors—outline both the evidence behind their allegations, and their motivation for seeking enforcement.
The evidence upon which we base our legal action can be construed to show that Dino Rossi was not just a beneficiary of these illegal activities, but was a knowing and active participant. The evidence shows, moreover, that the attack ads of the BIAW are not really “independent†of their beneficiary Dino Rossi. This is because Dino Rossi helped the BIAW to amass the war chest for these attack ads.
This is an important issue for all races. Special interests are increasingly supporting candidates through “independent expenditures†that are not subject to contribution limits. These “independent†campaigns also tend to contain the most vicious and dubious negative attacks, since the benefitting candidate can say that they have no control over these messages. It is critical to enforce the law that prohibits candidates from providing fundraising assistance to or otherwise coordinating with “independent†committees.
The fact that Dino Rossi had not publicly declared his candidacy when this alleged coordination took place is not a defense. A person becomes a candidate when he helps a political committee to amass a war chest to support his candidacy. And the evidence suggests this is what happened here.
If this coordination took place, then the BIAW’s expenditures would not qualify as an independent expenditure, and would be legally limited to $2,800. The millions of dollars of attack ads that have blanketed our airwaves would be illegal, and further expenditures should be enjoined.
Washington campaign laws are in place to ensure our elections are fair, that all candidates know what they are facing from their opponents in terms of campaign financing. These rules are there to ensure that special interests cannot buy their way into a legislative process designed to serve and protect the interests of all citizens. Without enforcement our laws are meaningless.
Developing story, stay tuned…










