Published: Saturday, August 28, 2010
Berkey files complaint alleging violation in state Senate race
State senator alleges her foes violated election law by not disclosing the financial source of two mailers sent in the final days of the primary.
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Dan Bates / The Herald
During a press conference Friday, Sen. Jean Berkey shows some of the items used against her in the primary campaign.
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Dan Bates / The Herald
Sen. Jean Berkey and Larry Vognild participate in a news interview via cell phone speaker before starting a press conference in Berkey's campaign office Friday morning.
EVERETT -- State Sen. Jean Berkey wants another shot at staying in office because she's convinced tactics of her opponents broke the law, misled voters and cost her re-election.
Berkey, D-Everett, filed a complaint with the state Public Disclosure Commission on Friday alleging her foes violated election law by not disclosing who paid for two mailers sent to voters in the final days of the primary.
The complaint is focused on the unreported source of funding for mailers urging voters to reject her and support Rod Rieger, a conservative Republican who, despite mounting no visible campaign, is beating Berkey for a spot on the November ballot.
Democrat Nick Harper leads the race in the 38th District in the latest tally of votes of the Aug. 17 primary. Rieger is second with Berkey trailing him by 116 votes. Only the top two advance.
Berkey, who was in second place on election night, contended Friday that those two mailers swayed enough voters to change the outcome. She wants the commission to call a special election or order her name placed on the November ballot for the district's voters in Everett, Tulalip and Marysville.
"I would like to see that," Berkey said. "It hasn't been fair. It hasn't been ethical. It has been deliberately misleading. I think the voters deserve more."
PDC spokeswoman Lori Anderson confirmed an investigation began Friday but did not say how long it will take to determine if any violations occurred. She did not comment on the possibility of a special election.
"Our staff will investigate the charges then decide if the case needs to go before the commission," she said. "We are going to do it very quickly."
The investigation centers on the actions of Moxie Media of Seattle, whose client list is a who's who of progressive Democrats.
Throughout the primary, the firm guided a coalition of labor unions and social progressives in a $300,000 campaign to unseat Berkey and elect Harper. Most of those dollars passed from unions representing teachers, state employees and health care workers through a political committee called Stand Up For Citizens.
Then on Aug. 13, several thousand voters received mailers produced by Moxie Media blasting Berkey and praising Rieger.
The pieces were produced for a newly formed political action committee called Cut Taxes. On each mailer, the top contributor listed is another new group, the Conservative PAC. Neither political action committee has reported receiving any contributions for the 2010 primary.
Coincidentally, the contact for those two committees and Stand Up For Citizens, share the same treasurer, Philip Lloyd.
Berkey contends in her complaint that Moxie Media "likely conspired" with her opponents on the left to funnel money into producing those mailers without anyone knowing the source.
"By all appearances, those PACs are simply a shell game that Moxie Media is using to hide their efforts to unseat me on behalf of the groups behind Stand up For Citizens," Berkey wrote in a letter attached to the complaint.
She said the "deception perpetrated by these organizations likely had a material effect" on the outcome and urged commissioners to act swiftly.
Lisa MacLean of Moxie Media rejected the charge.
"There was nothing untoward or illegal that happened here," she said. "We have proactively sought direction from the PDC to be sure that everything we have done is in compliance. I think that the complaint is a political tactic."
She declined to discuss who approached the firm to do the mailers. She said no one's paid for them yet.
"At this point no individual or organization has stepped up to sponsor these communications. If that changes, then that will be reported as required," she said.
When asked if this means they will wind up as an in-kind contribution to the Conservative PAC, she said, "At this point, that's what it is."
Anderson would not speak about the specific allegations but said the state is committed to ensuring voters know the source of donations for political materials.
"People who are spending money to influence the outcome of elections need to disclose," she said. "That was the whole point of creating the Public Disclosure Commission."
Reporter Jerry Cornfield: 360-352-8623; jcornfield@heraldnet.com.
Berkey, D-Everett, filed a complaint with the state Public Disclosure Commission on Friday alleging her foes violated election law by not disclosing who paid for two mailers sent to voters in the final days of the primary.
The complaint is focused on the unreported source of funding for mailers urging voters to reject her and support Rod Rieger, a conservative Republican who, despite mounting no visible campaign, is beating Berkey for a spot on the November ballot.
Democrat Nick Harper leads the race in the 38th District in the latest tally of votes of the Aug. 17 primary. Rieger is second with Berkey trailing him by 116 votes. Only the top two advance.
Berkey, who was in second place on election night, contended Friday that those two mailers swayed enough voters to change the outcome. She wants the commission to call a special election or order her name placed on the November ballot for the district's voters in Everett, Tulalip and Marysville.
"I would like to see that," Berkey said. "It hasn't been fair. It hasn't been ethical. It has been deliberately misleading. I think the voters deserve more."
PDC spokeswoman Lori Anderson confirmed an investigation began Friday but did not say how long it will take to determine if any violations occurred. She did not comment on the possibility of a special election.
"Our staff will investigate the charges then decide if the case needs to go before the commission," she said. "We are going to do it very quickly."
The investigation centers on the actions of Moxie Media of Seattle, whose client list is a who's who of progressive Democrats.
Throughout the primary, the firm guided a coalition of labor unions and social progressives in a $300,000 campaign to unseat Berkey and elect Harper. Most of those dollars passed from unions representing teachers, state employees and health care workers through a political committee called Stand Up For Citizens.
Then on Aug. 13, several thousand voters received mailers produced by Moxie Media blasting Berkey and praising Rieger.
The pieces were produced for a newly formed political action committee called Cut Taxes. On each mailer, the top contributor listed is another new group, the Conservative PAC. Neither political action committee has reported receiving any contributions for the 2010 primary.
Coincidentally, the contact for those two committees and Stand Up For Citizens, share the same treasurer, Philip Lloyd.
Berkey contends in her complaint that Moxie Media "likely conspired" with her opponents on the left to funnel money into producing those mailers without anyone knowing the source.
"By all appearances, those PACs are simply a shell game that Moxie Media is using to hide their efforts to unseat me on behalf of the groups behind Stand up For Citizens," Berkey wrote in a letter attached to the complaint.
She said the "deception perpetrated by these organizations likely had a material effect" on the outcome and urged commissioners to act swiftly.
Lisa MacLean of Moxie Media rejected the charge.
"There was nothing untoward or illegal that happened here," she said. "We have proactively sought direction from the PDC to be sure that everything we have done is in compliance. I think that the complaint is a political tactic."
She declined to discuss who approached the firm to do the mailers. She said no one's paid for them yet.
"At this point no individual or organization has stepped up to sponsor these communications. If that changes, then that will be reported as required," she said.
When asked if this means they will wind up as an in-kind contribution to the Conservative PAC, she said, "At this point, that's what it is."
Anderson would not speak about the specific allegations but said the state is committed to ensuring voters know the source of donations for political materials.
"People who are spending money to influence the outcome of elections need to disclose," she said. "That was the whole point of creating the Public Disclosure Commission."
Reporter Jerry Cornfield: 360-352-8623; jcornfield@heraldnet.com.
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