Ruling on BIAW suit may affect election

Judge to determine Friday if Rossi must give statements

By Brad Shannon | The Olympian • Published October 24, 2008

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Washington could be inching closer to another election challenge in the governor's race, a replay of the six-month nightmare that followed the 2004 election.

A Seattle lawyer suing the Building Industry Association of Washington over its campaign finances has warned — in a legal case alleging violations by Republican gubernatorial candidate Dino Rossi supporters — that failing to bring to light Rossi's and the BIAW's role in campaign financing before the Nov. 4 general election could be grounds for overturning the election.

At issue is whether Rossi illegally coordinated with BIAW in a way that would disqualify the builders' ChangePAC from making its massive expenditures on independent ads attacking Gov. Chris Gregoire and praising Rossi.

"Let's say we prove our case and BIAW should have spent $2,800, and instead they spent $7.25 million? In that case, a full 20 percent of the spending in the governor's race was illegal. In a close race, there is no question it would show that affected the outcome," lawyer Knoll Lowney said.

"That probably would be grounds for overturning the election. That's why the judge should be taking this seriously on a very short time frame," he added.

Rossi has denied wrongdoing and accused Lowney and Gregoire supporters of harassment.

But a King County judge is expected to rule today on whether Rossi must give statements under oath next week to Lowney, who is representing two former Supreme Court justices who are supporters of Gregoire.

Rossi's campaign says Lowney's maneuvers are political harassment, and Rossi's lawyers say a deposition would distract the GOP candidate from his ability to campaign in the closing weeks before the election.

BIAW put out a news release that accused Lowney and Gregoire's campaign of preparing for an election challenge if she loses.

"This signals the Gregoire camp's increasing desperation after months of failed attempts to use the court system to defund and silence BIAW's opposition to Gregoire," BIAW spokeswoman Erin Shannon said.