OLYMPIA — The state Public Disclosure Commission voted today to ask Attorney General Rob McKenna to seek civil penalties prosecute a liberal political strategist for concealing the sources of money that helped defeat a Democratic incumbent in the August primary. The violations are so severe, the board said, the primary could be overtuned and the election redone.
The PDC voted 3-0 to reject an offered settlement of $30,000 from Lisa MacLean for disclosure violations in the campaign against state Sen. Jean Berkey of Everett. MacLean helped set up political action committees that concealed that labor unions were helping to fund a Republican challenger as well as a Democratic opponent to Berkey in the primary.
MacLean’s firm, Moxie Media, helped set up Progress PAC and Stand Up For Citizens PAC, which collected money from labor unions to support Democrat Nick Harper over Berkey, whom the unions opposed because of votes against key legislation in the last session. Moxie also set up two other groups, Conservative PAC and Cut Taxes PAC, which sponsored mailer ads and robocalls in support of Republican Rod Rieger. Pre-election reports didn’t disclose the source of the money for the pro-Rieger ads.
Harper finished first in the election and Rieger finished second, 124 votes ahead of Berkey.
A PDC investigation showed MacLean deliberately obscured the source of the money for the independent campaign helping Rieger. Contributions that should have been revealed before the election weren’t disclosed until almost a month after the election. MacLean kept her name off the ads, also, using the name of another member of the firm “because he has a lower profile,” the PDC staff reported. She created secondary PACs to move money around, and told donors it was unlikely they’d be linked to it before the election.
MacLean was willing to settle the complaint for $30,000 but the PDC board said the violations were, in the words of Commissioner Jane Noland “reprehensible.” They turned the case over to the attorney general under a statute that allows for a court to overturn an election if it finds violations by political committees may have effected the outcome. It also allows for fines of $10,000 for each violation of state campaign laws, and treble punitive damages if a judge determines they were intentional.
So why should readers in Spokane care about all this? Because MacLean and her company, Moxie Media, have been busy in the 6th District Senate race, too. More on that later, and in Friday’s Spokesman-Review.