Sue Lani Madsen: Shining a light on money in politics

Editor’s note: The original version of this column misstated the status of paperwork filed with the state’s Public Disclosure Commission related to donations to the Justice Not Jails campaign.

The Inatai Foundation filed incidental committee paperwork with the PDC in September.

A PDC complaint against the Empire Health Community Advocacy Fund alleging missing paperwork, filed by Madsen, was dismissed Jan. 11 after an investigation.

Everyone says they want to get money out of politics, or at least they want to know where the money is coming from. So when the opposition to Measure 1 raises 96% of its cash from two opaque nonprofits, it catches the attention of political watchdogs.

According to current reports filed with the Public Disclosure Commission, Jobs for Justice raised $34,250 from individuals and businesses in support of Spokane County Measure 1. Justice Not Jails raised $520,394 (cash and in-kind donations) to oppose it, with reports showing no cash donations from business or individuals.

It’s not a set up for improving public policy debate. Voters will be inundated with one-sided campaign advertising from jail abolitionists targeting voter turnout among progressive urban precincts. The case for upgrading the jail to meet today’s behavioral health and addiction challenges will have to depend on voters digging deep before making up their own minds. It will require higher voter turnout in areas of the county where there may not be much on an off-year ballot.

Proponents of Measure 1, which would authorize the county to collect an additional 0.2% sales tax dedicated to criminal justice, law enforcement and behavioral health, have as their champion Sheriff John Nowels. The sales tax would not apply to the purchase or lease of vehicles, and would amount to about 7 cents on the purchase of a snow shovel at Walmart.

The jail abolitionists at Justice Not Jails have chosen Stanley Harewood as the face of their campaign, a man who pleaded guilty to second-degree murder in the death of 3-year-old Pasheen Bridges in 2001 to avoid being tried for first-degree murder. Their campaign pitch consistently cites the estimated total of $1.7 billion for the shock value, while neglecting to mention it’ll be paid by anyone buying anything in Spokane County over the next 30 years.

Justice Not Jails also appears to be in violation of Public Disclosure Commission requirements by listing the Empire Health Foundation as one of their top five donors. As a 501(c)(3) nonprofit, Empire Health Foundation is not allowed to dabble in politics. Its mandate is to focus funds on community health. The foundation does operate a 501(c)(4) subsidiary called the Empire Health Community Advocacy Fund, which was the source of a $240,500 cash donation to oppose Measure 1. It would behoove Empire Health Foundation to insist that its name be removed from all Justice for Jails campaign materials before the IRS takes an interest in its dive into the highly politicized social justice pool.

Justice Not Jails can afford to reprint literature, fix their website and update their broadcast advertising. They have $240,500 from the Empire Health Community Advocacy Fund plus $240,500 from the Seattle-based Inatai Foundation to spread around.

As 501(c)(4) nonprofits their sources of funding are subject to disclosure under RCW 42.17A.207, also known as the DISCLOSE Act, when they make donations exceeding $35,000 to any one campaign.

To refresh Spokane County voters’ memories, in 2018 Sen. Andy Billig, D-Spokane, championed the campaign finance transparency bill following a fight over campaign funding opposing a statewide initiative requiring labeling of genetically modified foods. The Grocery Manufacturers Association funneled corporate funding through a nonprofit to provide anonymity for its donors.

Billig described it as a victory for citizens across the political spectrum in his statement issued after passage of the bill, saying “The bipartisan Senate vote tonight on the DISCLOSE Act takes us one step closer to shining a light on dark money in Washington state elections. Campaign transparency increases accountability, reduces the opportunity for corruption and strengthens our democracy.”

Spokane County Treasurer Michael Baumgartner – then a state senator – also voted in support, along with six other Republicans.

Attorney General Bob Ferguson pursued the Grocery Manufacturers Association over campaign finance violations for eight years. He released a statement after settlement was reached in 2022. “My office will be relentless ensuring dark money special interests that intentionally violate our campaign finance laws will be held accountable – even if it takes a decade.”

One wonders if the new attorney general will be as relentless as the old, and evenhanded in application of the campaign finance laws as the Washington Legislature intended. Transparency in campaign finance is a truly bipartisan issue.

Ballots are due in the mail or an official drop box on or before Nov. 7. Get it done and get it done responsibly.

Contact Sue Lani Madsen at rulingpen@gmail.com. She served on the founding board of the Empire Health Foundation and is a past board chairman.