Democrats accused Americans for Prosperity Washington of not registering before sending out campaign materials targeting several Democratic candidates for the state Legislature in 2010. At the time, the group was headed by Kirby Wilbur, now chairman of the state Republican Party.
But PDC investigators said thatamong the reasons for a dismissal were that the materials sent by the group didn’t fall under the state’s definition of political advertising, primarily because they did not specifically tell voters whom to cast their ballots for. Rather, the mailers criticized the politicians for things such as their votes on tax measures.
The mailers listed the lawmakers’ voting record on taxes for soda and cigarettes, as well as approving a suspension of a two-thirds approval in each legislative chamber for new taxes.
Investigators said materials from the group followed the pattern of “issue advocacy.”
They also said that under the laws in place in 2010, the group did not have to have to identify monetary sponsors in their materials, because they were not issuing “electioneering communications.”
The ads avoid that definition because the group didn’t spend more than $5,000 against any one candidate in what PDC staff says was a $31,900 campaign. For example, it spent $2,425 on mailers hitting Sen. Tracey Eide of Federal Way, $3,616 against Rep. Tami Green of Lakewood and $3,618 against Rep. Kathy Haigh of Shelton, who all won re-election.
Those mailings would all become electioneering communications under a law passed last winter lowering the reporting threshold to $1,000.
Based in Virginia, Americans for Prosperity was founded in 2004 by David and Charles Koch, two wealthy conservative activists. The organization has chapters in 34 states.
In a statement, Americans for Prosperity said, “AFP has always maintained that this was a frivolous complaint.”
Efforts to reach Wilbur were not successful. The state Republican Party declined to make him available, saying this was a matter for Americans for Prosperity and Wilbur no longer worked there.
Friday’s revelation left Democrats and their allies fuming. They were already vexed that the PDC had taken a year to investigate the complaint.
“AFP-WA was given a free-pass to influence the 2010 election cycle without a word from the state agency that is supposed to serve as our campaign finance watch-dog,” said Dwight Pelz, chairman of the state Democratic Party.
Democrats took significant losses in 2010, including in districts where some of the mailing were sent, affecting the balance of power in Olympia.
It’s “absurd hair-splitting,” said Democrat consultant Sandeep Kaushik. “These mailers were clearly designed to influence the election, mailed as people were voting in targeted districts … in competitive races.”
The PDC’s commissioners will hear the details of the investigation at their meeting Thursday and issue a decision after that.
