OLYMPIA — Washington’s elections watchdog ended an investigation Thursday into a conservative political group that distributed mailers before the 2010 election.
Members of the Public Disclosure Commission unanimously agreed to dismiss complaints against Americans for Prosperity after staff investigators determined that the mailers did not need to be regulated as political ads because they did not specifically encourage voters to cast a ballot for or against someone. The messages criticized politicians for how they handled various issues, such as taxes.
The PDC had previously voted to keep the investigation open, wanting to see more details on who received the mailers. PDC investigators said the mailings were largely targeted at independent voters and in some cases excluded people who had already cast a ballot.
Amit Ranade, a PDC member who had requested more information during the commission’s December hearing, said the intent of the mailings isn’t relevant because commissioners must follow the letter of the law.
“Everybody can draw their own conclusions. The evidence kind of speaks for itself,” Ranade said.
Americans for Prosperity-Washington said the complaints were baseless and frivolous.
“Going forward, Americans for Prosperity will continue exercising its rights under the First Amendment while at the same time being compliant under the law,” said Nansen Malin, state director for AFP-Washington.
Americans for Prosperity is based in Virginia and was founded in 2004 by wealthy conservative activists David and Charles Koch. When the 2010 ads were sent in Washington, the group was headed by Kirby Wilbur, who is now the chairman of the state Republican Party.
Dwight Pelz, chairman of the Washington State Democrats, said they are disappointed by the outcome and warned that conservative organizations will exploit loopholes.
“Knowing that their underhanded tactics will only get worse in 2012, every Washington voter must be on guard for these deceptive and misleading advertising practices,” Pelz said in a statement.
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