SEATTLE ETHICS COMMISSION DROPS OPPOSITION TO ELECTION PRIVACY

from the Freedom Socialist Party

After listening to 40 minutes of public testimony in support of Freedom Socialist candidate Linda Averill's privacy rights fight, the Seattle Ethics and Elections Commission (SEEC) voted unanimously on August 4 not to appeal a permanent federal injunction that prevents the city from forcing her to disclose the names, addresses and employers of donors to her 2003 campaign for City Council.

Averill expressed relief and joy at the vote, but observed she and other socialist candidates must still reapply for future exemptions. "We can't rest on our laurels," she said. "We need to work together to ensure the city rules are applied fairly. We should not have to resort to federal court to make the city abide by well-established First Amendment protections for minor parties."

Minor parties that can prove a pattern of receiving harassment and threats are exempted from election disclosure laws based on a series of Supreme Court decisions, including the Buckley and Brown cases mentioned by Dayton. Three of the commissioners expressed support for this approach. Mel Kang, who originally dissented from the SEEC majority and voted to grant Averill an exemption, pointed out that "even though we want openness in the political process, the First Amendment allows for privacy of political association. Disclosure laws are an exception to this in that they require certain parties to disclose information." Bruce Heller reaffirmed his earlier position that forced disclosure was not warranted in Averill's case.

Robert Mahon, a new commission member and partner at Perkins Coie law firm, suggested the Commission made a mistake in denying Averill an exemption in the first place. "We need to protect the First Amendment rights of those who face a real threat of harassment," he said. Standing outside the elevators after the hearing, Averill and her supporters exchanged high fives. Fred Hyde, a Freedom Socialist Party attorney, expressed gratitude for the strong showing of community and labor support that helped bring Averill's lawsuit to a timely conclusion.

The next day, Seattle's two daily newspapers reported on the SEEC meeting without ever mentioning the vote on Averill's case. During her campaign both papers ran repeated editorials opposing her request for non-disclosure and criticizing Judge Lasnik for issuing a temporary injunction.

If you would like more information on Averill's federal court fight, go to www.socialism.com or call (206)722-2453.