Senate should seat Harper

Published 3:17 pm Tuesday, November 9, 2010

Nick Harper and the citizens of the 38th Legislative District aren’t to blame for the unethical and admittedly illegal acts of a political consultant during this year’s primary campaign. They shouldn’t be punished for it.

That, however, would be the effect of a request by Sen. Jean Berkey that Harper, a fellow Democrat and winner of the seat Berkey has held since 2004, not be seated by the Senate when it convenes in January.

Keeping Harper from serving until legal action is resolved against Moxie Media, the Seattle consulting firm being sued by the attorney general for public disclosure violations, would leave Everett, Marysville and Tulalip without representation in the Senate during what could be one of the most difficult and contentious sessions in recent history. It also would counter the will of the more than 20,000 voters (59 percent of the total) who elected Harper last week.

To review: Berkey finished third in the Aug. 17 primary, and contends that last-minute mailings and automated phone calls by Moxie Media, which champions liberal causes and candidates, in support of conservative candidate Rod Rieger made the difference. She finished 122 votes behind Rieger, who finished second to Harper.

Moxie’s work in support of Rieger was an underhanded effort to convince moderate and conservative voters to oppose Berkey. It was launched after groups representing unions and trial lawyers — which wanted to see Harper elected — allegedly pledged to pay for them. Moxie ate the costs after those groups failed to come through on their pledges and, in a clear act of deception, those machinations were hidden among layers of political action committees and weren’t disclosed as required by law.

Berkey wants a judge to throw out the results and call for a new election. That’s a bad idea, too.

First, how would a new election work? Would all three candidates be included? Would the top vote-getter win, even if he or she didn’t garner a majority, or would the top two advance to a second election? How long would the “campaign season” preceding each vote be?

Second, an unfair and unworkable precedent would be set. Even though candidates have no direct control over the behavior of outside groups, a new election in this case would put responsibility for it in candidates’ hands. Challenges by losers of close races could become commonplace.

There’s no telling how long this court case will take. The first meeting with the judge won’t take place until Jan. 28, nearly three weeks after the Legislature convenes. The 38th District needs and deserves Senate representation in the meantime. Harper should assume the seat he duly won.

And Moxie Media, along with anyone else who conspired to break disclosure laws, should have the book thrown at them.