Published: Saturday, September 4, 2010
Berkey legal fight grows
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EVERETT -- State Sen. Jean Berkey opened a second front Friday in a fight to prove her defeat in the primary resulted from illegal actions by a Seattle political consultant.
The Everett Democrat asked lawyers for Snohomish County and the state to investigate Moxie Media and two political action committees for not disclosing the source of funds for last-minute mailers, which Berkey contends cost her the election.
She wants Snohomish County Prosecutor Mark Roe and state Attorney General Rob McKenna to pursue civil action and set aside results of the Aug. 17 election in the 38th Legislative District.
Roe said Friday his staff will review the request next week.
Democrat Nick Harper of Everett and conservative Rod Rieger of Marysville secured the top two spots and will face off in November for the job serving residents in Everett, Tulalip and Marysville. Berkey finished third, 122 votes behind Rieger.
Phil Talmadge, Berkey's attorney, sent letters to Roe and McKenna on Friday that make the same allegations as those contained in a complaint filed last week with the state Public Disclosure Commission.
The focus is on the source of funding for two mailers sent out in the final weekend urging voters to support Rieger, who mounted no visible campaign. Berkey contends those pieces swayed enough voters his way to push her into third place.
Moxie Media, run by Lisa MacLean, produced both and the Cut Taxes political action committee -- whose chairman is Harry Underhill of Moxie Media -- paid for them. But that committee has not reported receiving any money and MacLean has not reported the work as an in-kind contribution.
The top contributor to Cut Taxes is reportedly the Conservative PAC, also led by Underhill. It, too, has not received any contributions.
Talmadge, in his letter, contends the actions violate a provision of state election law that states, in part, "no contribution shall be made and no expenditure shall be incurred, directly or indirectly ... in such a manner as to conceal the identity of the source of the contribution."
In the meantime, MacLean's firm conducted a $300,000 campaign to unseat Berkey and elect Harper on behalf of a coalition of labor unions and social progressive groups.
MacLean could not be reached for comment Friday.
She denied any wrongdoing last week when the complaint was filed with the state Public Disclosure Commission.
"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."
Reporter Jerry Cornfield: 360-352-8623; jcornfield@heraldnet.com.
The Everett Democrat asked lawyers for Snohomish County and the state to investigate Moxie Media and two political action committees for not disclosing the source of funds for last-minute mailers, which Berkey contends cost her the election.
She wants Snohomish County Prosecutor Mark Roe and state Attorney General Rob McKenna to pursue civil action and set aside results of the Aug. 17 election in the 38th Legislative District.
Roe said Friday his staff will review the request next week.
Democrat Nick Harper of Everett and conservative Rod Rieger of Marysville secured the top two spots and will face off in November for the job serving residents in Everett, Tulalip and Marysville. Berkey finished third, 122 votes behind Rieger.
Phil Talmadge, Berkey's attorney, sent letters to Roe and McKenna on Friday that make the same allegations as those contained in a complaint filed last week with the state Public Disclosure Commission.
The focus is on the source of funding for two mailers sent out in the final weekend urging voters to support Rieger, who mounted no visible campaign. Berkey contends those pieces swayed enough voters his way to push her into third place.
Moxie Media, run by Lisa MacLean, produced both and the Cut Taxes political action committee -- whose chairman is Harry Underhill of Moxie Media -- paid for them. But that committee has not reported receiving any money and MacLean has not reported the work as an in-kind contribution.
The top contributor to Cut Taxes is reportedly the Conservative PAC, also led by Underhill. It, too, has not received any contributions.
Talmadge, in his letter, contends the actions violate a provision of state election law that states, in part, "no contribution shall be made and no expenditure shall be incurred, directly or indirectly ... in such a manner as to conceal the identity of the source of the contribution."
In the meantime, MacLean's firm conducted a $300,000 campaign to unseat Berkey and elect Harper on behalf of a coalition of labor unions and social progressive groups.
MacLean could not be reached for comment Friday.
She denied any wrongdoing last week when the complaint was filed with the state Public Disclosure Commission.
"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."
Reporter Jerry Cornfield: 360-352-8623; jcornfield@heraldnet.com.
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