Tag Archives: Americans Tired of Lawsuit Abuse

Text of PDC Complaint Filed Against Groen Supporters by Majority Rules Blog

Join the following complaint today against John Groen backers violating Washington State ‘s Public Disclosure laws. Just e-mail the PDC Executive Director and ask that your name be added to the complaint filed against Americans Tired of Lawsuit Abuse filed by Steve Zemke of Majority Rules Blog. The e-mail address is vrippie@pdc.wa.gov Please note in the comments thread below that you have done so. Thanks.

Sept. 13, 2006
To Vicki Rippie – Executive Director
Phil Stutzman – Director of Compliance
Jane Noland – Chair

Dear Public Disclosure Commission:

I would like to file the following complaint with the Washington State Public Disclosure Commission. An out of state PAC named Americans Tired of Lawsuit Abuse -WA has filed a C1PC with you and has reported receiving some $400,000 in contributions but then lists its source literally as coming from itself, namely Americans Tired of Lawsuit Abuse, which is filed with the Virginia Board of Elections which doesn’t require any reporting until Oct.15, 2006.

I believe that Americans Tired of Lawsuit Abuse is really a PAC of a Washington DC Association called the American Tort Reform Coalition. But in the C1PC filed with you, which asks “If committee is related or affiliated with a business or association, union or similar entity, specify name” it leaves this blank and does not respond other than to name itself again with the WA missing.

Besides a Cari O’Malley, it lists no other PAC committee officers’ names or title. $400,000 is a lot of money to just come from nowhere. I believe this whole filing is a pretty patent intent to hide the true source of the funds being spent against Chief Justice Gerry Alexander and for John Groen. By my best estimation over $1.35 million is being spent by Groen’s campaign committee and others PAC’s supporting his election as of now.

This record spending, particularly by out of state interests, deserves to be accurately reported. Because the Washington State Liability Reform Coalition, the local state coalition affiliated with the American Tort Reform Coalition, includes members like the Building Industry Association of Washington (which is itself spending hundreds of thousands of dollars against Alexander) and the Washington State Restaurant Association (both a member the local and national group of the American Tort Reform Coalition) , there is the possibility of funds going from Washington State to the American Tort Reform Coalition and back to Washington State via Americans Tired of Lawsuit Abuse.

Because of what happened in the Deborah Senn and Rob McKenna race for Attorney General race, where about $1.5 million was spent against in the same manner as here and eventually revealed as coming from the US Chamber of Commerce, I believe you need to require that Americans Tired of Lawsuit Abuse immediately report to you their source of funding and that you announce it to the press.

The fact is that the US Chamber of Commerce is one of the members of another coalition run out of the American Tort Reform Coalition’s Office raises concern. Maybe they are involved again.

I believe you need to investigate, because of the associations involved and the attempt to conceal the true sponsors of this stealth PAC, whether any money has been funneled from Washington State to conceal its origins.

Because this race will be decided next Tuesday, Sept 19th, 2006, I urge that you act as quickly as possible to provide the voters of Washington State with the best possible disclosure you can regarding who is spending money in this race.

And I urge that appropriate fines be levied for any violations and infractions of Washington State Law.

Steve Zemke
www.MajorityRules.org/Blog

The following blog posts are added as supporting this complaint:

See: Groen Supporters Violate Public Disclosure in their Intent to Deceive and Hide who they are.
http://www.majorityrules.org/blog/2006/09/groen-supporters-violate-public.html

Record $1.3 million Spent so far to Elect Groen to Washington State Supreme Court http://www.majorityrules.org/blog/2006/09/record-13-million-spent-so-far-to.html

Majority Rules Blog Files Public Dislosure Commission Complaint Against Groen Supporters

Press Release:

For Immediate Release:
Sept. 13, 2006
Majority Rules Blog
Contact Steve Zemke
stevezemke at msn.com

Majority Rules Blog Files PDC Complaint Against “Americans Tired of Lawsuit Abuse”

A complaint today has been filed today with the Washington State Public Disclosure Commission against an out of state PAC supporting the election of John Groen in his race to oust Chief Justice Gerry Alexander from the Washington State Supreme Court.

Steve Zemke of Majority Rules Blog filed the complaint. In his two most recent posts on the Alexander/Groen race for Washington State Supreme Court, Zemke noted that spending by Groen and Groen supporters has exceeded $1.35 million, making it the most expensive Supreme Court race in Washington’s history. And over $400,000 has now been raised and $350,000 spent by a mysterious out of state PAC calling itself Americans Tired of Lawsuit Abuse.

See: Groen Supporters Violate Public Disclosure in their Intent to Deceive and Hide who they are.
http://www.majorityrules.org/blog/2006/09/groen-supporters-violate-public.html

Record $1.3 million Spent so far to Elect Groen to Washington State Supreme Court http://www.majorityrules.org/blog/2006/09/record-13-million-spent-so-far-to.html

Zemke’s complaint is based on violation of RCW 42.17.020 (43) which states that the “Sponsor of an electioneering communications, independent expenditures, or political advertising” means the person paying for the electioneering communication, independent expenditure, or political advertising. If a person acts as an agent for another or is reimbursed by another for the payment, the original source of the payment is the sponsor.”

The sponsor not the agent needs to be identified under Washington law. Americans Against Frivolous Lawsuits is obviously just a phony name to hide the true identity of the funds.

Because this election will be decided in the Sept 19, 2006 primary Zemke asks that the PDC tell Americans Tired of Lawsuit Abuse to immediately identify to the public the source of their funding.

The US Chamber of Commerce two years ago tried to avoid identifying themselves as the sponsors of a $1.5 million spending campaign against Deborah Senn when she ran for Attorney General against Rob McKenna. The PDC ruled that they had to tell the public.

Americans Against Frivolous Lawsuits are running TV attack ads against Chief Justice Gerry Alexander and supporting John Groen.

One possible source of the funds is the American Tort Reform Coalition based in Washington DC. Zemke raises the questions of where the money against Alexander is coming from because a local Coalition calling itself the Liability Reform Coalition actually is affiliated with the American Tort Reform Coalition. And the Building Industry Association of Washington, which is itself spending hundreds of thousands of dollars is a member.

You can read more at the two blog links above.

Groen Supporters Violate Public Disclosure in their Intent to Deceive and Hide Who they Are.

A so called independent out of state PAC calling itself “Americans Tired of Lawsuit Abuse” has filed with the Washington State Public Disclosure Commission. They have so far spent some $357,500 to produce and run attack ads opposing Chief Justice Gerry Alexander and supporting his opponent – Building Industry Association of Washington backed lawyer John Groen.

They also intend they say to spend money supporting Stephen Johnson, another BIAW candidate in his race to unseat sitting Justice Susan Owens.

Their filing and tactics are one meant to deceive Washington voters. They list their address as PO Box 30223, Alexandria, Virginia 22310. And I believe they violate Washington’s Public Disclosure Act.

RCW 42.17.020 (43) states that the “Sponsor of an electioneering communications, independent expenditures, or political advertising” means the person paying for the electioneering communication, independent expenditure, or political advertising. If a person acts as an agent for another or is reimbursed by another for the payment, the original source of the payment is the sponsor.

A phone call to 571-230-2852 – the contact number of the mysteriously named PAC supporting Groen only results in a message machine asking you to leave a message.

A call to the number that faxed the forms to the PDC, a Mike O’Malley, results in the following message. “Hi, you’ve reached the O’Malleys. We’ll get back to you as soon as possible. And have a great day.” That must be a home number. They must be rich! So far it looks like they’ve contributed $400,000 to their (sic) PAC.

A Cari O’Malley is the only person’s name on the PDC forms filed. She lists herself as both treasurer and campaign manager/media contact.

So who is this Cari O’Malley. When I called the phone number, 425-868-2695 which was given for where campaign records will be available to look at 10 days prior to the election and asked who the ATLA -WA was, a woman said they were only a local contact and that I should call Cari O’Malley at 202-682-1163. Oops, wrong number to give out.

Because this is where it gets interesting. That number is actually the number for a Carolyn O’Malley that works for the American Tort Reform Coalition. Under their staff she is listed as:

Carolyn O’Malley Director of Public Affairs and Fields Operations comalley@atra.org
Cari joined ATRA in September of 2004. Cari was Regional Political Director for the American Medical Association. She also served as the Deputy Chief of Staff for the Co-Chairman of the Republican National Committee and spent several years working for the Illinois General Assembly and the Illinois Republican Party.

Are they the source of the money? Most likely. The reason they work the filing out of Virginia is that PAC’s in Virginia only have to file quarterly with the Virginia Board of Elections and they aren’t required to say much. On the last reporting they had almost nothing in the bank and the next reporting is Oct 15. In the fourth quarter last year they received $150,000 – all from the America Tort Reform Coalition. This was all spent.

Where is this new money coming from that they are now spending to try to influence the outcome of an election on the opposite side of the country that should be one decided by our own state’s voters, not some special interest group in Washington D.C.? And why all the secrecy and deception trying to hide who they are? They have set up a dummy PAC , used a PO Box number for an address, set up an answering machine on some dummy phone line to give the appearance that they are an actual organization, and have an employee’s husband (?) FAX PDC reports to Washington State from their home.

Maybe they have something to hide because the American Tort Reform Coalition has definite connections to Washington State. Which raises serious questions. Where is their money coming from? Has money moved from Washington State to the American Tort Reform Coalition to Americans Tired of Lawsuit Abuse then back to Washington State? I raise this question because it is obvious that their intent is to not be open in their dealing with Washington State voters. You don’t go to all this trouble unless you have something to hide, do you?

One thing they may be trying to hide is their Washington State Connection. The American Tort Reform Coalition says that “One of ATRA’s greatest assets is its network of tort reform advocates (state coalitions) that advance ATRA’s agenda in state capitals”

Their Washington State coalition contact – none other than the office which said they were only a “local contact” and who did not want to talk about or tell me who Americans Tried of Lawsuit Abuse was. That is the Washington State Liability Reform Coalition

Now guess who they recommended in the Alexander/Groen race. Yep, Groen. Now guess who are members of the Liability Reform Coalition. None other than high spending Groen backers like the BIAW (Building Industry Association of Washington).

Also as members, the Washington State Restaurant Association which gave $25,000 to the BIAW’s PAC Walking for Washington, SAFECO (U.S. Senate candidate Mike McGavick’s old company), Washington Roundtable, Association of Washington Business, Boeing, the Greater Seattle Chamber of Commerce, and Weyerhauser. You can see a complete list here.

So who really gave the money to support Groen? The American Tort Reform Coalition only has a sample list of members which includes Boeing. All we have is Cari O’Malley’s name and her direct association with the American Tort Reform Coalition. But ATRA also has another list of members associated with the Lawsuit Abuse Reform Coalition which is also run out of the offices of the American Tort Reform Coalition, using the same address and phone number.

The American Tort Reform Association serves as the Executive Secretariat for LARC. 1101 Connecticut Avenue, #400, NW Washington, DC 20036 202-682-1163. The Lawsuit Abuse Coaltion also has Washington State connections listed. Their list of members include the Washington Restaurant Association and the Washington State Liability Reform Coalition.

It also includes another big money player from 2 years ago – the US Chamber of Commerce which contributed over $1.5 million dollars to help defeat Deborah Senn and elect Rob McKenna Washington State Attorney General. And they also tried to hide that the money was coming from them. Are they involved again?

Once again a mysterious out of state special interest group is trying to influence the outcome of Washington State elections in a major way. They are deliberately making an effort to conceal the true source of the money which violates Washington State law.

It is obvious that Cari O’Malley is only acting as an agent to transfer money, probably her employer’s, the American Tort Reform Coalition. And she is trying to mask this. But maybe it’s somebody elses money. That is not clear. The fact that the true source of the contributions is being hidden is in violation of Washington State’s Public Disclosure Law, as the U.S. Chamber of Commerce found out when it tried to hide its’ $1.5 million effort to defeat Debra Senn.

Record $1.3 Million Spent so far to Elect Groen to Washington State Supreme Court.

Breaking all records, reported campaign contributions and spending to elect John Groen to the Washington State Supreme Court now exceeds $1,294,608. Over half a million dollars ($557,980) alone has been spent by by the BIAW (Building Industry Association of Washington) and PAC’s it controls.

The BIAW and other special interest groups are trying to defeat current Supreme Court Justice Gerry Alexander. Groen is running on a program of defending developer interests over those of individual property owners and comunities. The BIAW is trying to elect their third Supreme Court Justice that represents their special interests. Previously they were the main spenders to elect James Johnson and Richard Saunders to the Court.

The latest large contribution to join the Groen effort is a reported out of state $320,000 from a so called independent PAC based in Alerxander , VA called Americans Tired of Lawsuit Abuse. They are spending it on TV ads. Joel Connelly in an article in the Seattle PI today said the address given for the PAC is that of the American Tort Reform Association. See also the Seattle Times and Justice at Stake

A phone call to their local phone number listed at an address in Redmond said that the local contact number was for the Liability Reform Coalition. They are listed with the PDC as having spent $244,277 in 2005 doing grassroots lobbying. They referred me back to ATLA when I asked who they represented, saying they were only a local contact.

The following figures are taken from the latest Public Disclosure Commission records in Olympia WA and analysis reported by a new website called VotingforJudges.org . They have done a much better job of compiling independent expenditures and contributions for the judicial races than has the PDC website, which has been slow on getting information and reports updated.

In fact I think that the PDC should be embarrassed in their half hearted effort to provide the public with updated and current information on contributions and expenditures done by so called independent PAC’s. They have done some excellent groupings of data to help the public understand who is getting and spending money by candidate committees but their reporting on independent contributions and expenditures is woefully incomplete and not timely at all. Many independent committees are not even listed in their summary reports of contributions and expenditures..

The primary election on Sept 19th will decide the Alexander/Groen race as well as the race between Supreme Court Justice Tom Chambers and his challenger Jeanette Burrage. People across the state have already received their absentee ballots and are voting. A up to date and timely analysis of contributions and independent expenditures is most helpful to voters before the election, not after it is over.

The fact that the Washington State Legislature did not extend their contribution limits legislation to include PAC’s is a giant loophole that needs to be corrected. It allows special interests to spend hundreds of thousands of dollars to influence a race. Current spending for Groen sets a new record for spending in Washington State Supreme Court races. So called independent PAC’s are far outspending Groen’s official campaign committee.

Below is a listing of money raised and spent to try to put Groen on the Supreme Court. I am using expenditure figures for Groen based on www.votingforjudges.org since the posted PDC data is not current. I have updated the Groen campaign committee information based on more current C-3 reports on the PDC website.

Groen campaign committee contributions to date 9/10 /2006 ……….$409,608

Americans Tired of Lawsuit Abuse 9/8/06 supporting Groen …………..$80,000
opposing Gerry Alexander………………………………………………. $240,000

Building Industry Association of Washington……………………………..$99,603

Central Washington Home Builders Association……………………………. $5931

Committee for Judicial Restraint………………………………………….. $1140

Walking for Washington (1/2 of doorbelling/canvassing effort) ……….$167,000
(canvass/doorbelling effort for John Groen & Steve Johnson)

It’s Time for a Change ………………………………………………………………………$291,377

Total reported so far……………………………………………. $1,294,659