Voters Education Committee v. Washington Public Disclosure Commission

In September 2004, the WA State Public Disclosure Commission (PDC) filed an enforcement action against the 527 group Voter Education Committee (VEC) for the organization’s failure to register as a state political committee and comply with state disclosure requirements. VEC filed a counter-suit challenging the state disclosure laws and claiming the state may only regulate “express advocacy,” not “issue advocacy.” In September 2007, the Washington State Supreme Court affirmed the lower court decision that a 527 organization could constitutionally be regulated as a “political committee” subject to state campaign finance disclosure laws.  The Washington Supreme Court rejected VEC’s claim that the state definition of “political committee”—which was virtually identical to BCRA’s “promote, attack, support, oppose” or “PASO” test—was unconstitutionally vague.