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Native Intelligence
	This is democracy at its worst (Published May 17, 2004) By DIANA WINTHROP

The official campaign season has finally begun. How do I know the election season has started? I received my first "official" campaign press release from Kwame Brown, who has been running for nearly six months now to unseat at-large Councilman Harold Brazil.

On May 14, political wannabees started making their desires known by picking up petitions to run for a variety of elected positions, from D.C. council member to political party officeholder. The under-the-radar campaigning and the whispering have ended – people who have been jockeying for support, but especially money to run, have come out of the dark light of those so-called "exploratory committees" into the bright light of official "campaign committees." (My apology to the late senator Hubert Humphrey for abusing his famous statement on civil rights.)

We now know not who dreams of running for political office but who wants to be on the ballot in the fall. I know they really won’t become official candidates until their nominating petitions are certified by the Board of Elections and Ethics in July, but unless someone is stupid enough to hire Mayor Anthony Williams’ bumbling signature-gathering team, the process is not complicated.

Some candidates such as Kwame Brown and Harold Brazil, who are both running for one of the two at-large council seats, made it official early by declaring, installing a treasurer and creating the now-mandatory official Web site.

But what we will never know is how many people have been collecting and spending money for months through an "exploratory committee" and will decide not to run. So what happens to all of the money they have raised? The District’s election laws say those potential candidates can keep it and no one has to know how much was raised or who donated it.

In order to bring democracy to the District, the crafters of our charter and our election laws created a monster that is now completely out of control. In this city you can tease your neighbors and friends, and cajole business interests and the huge law and lobbying firms, like Holland and Knight (its business with the District has had unbelievable growth in the past decade), that you are "exploring" a run. You can raise and spend unlimited sums of money without disclosing it, if you change your mind. No one knows, except the people who gave you money, and you never have to file a report accounting for your expenses.

Ward 1 Councilman Jim Graham is the most recent example of someone we know has done that. He all but officially declared he was running for the at-large seat currently held by Harold Brazil. He used an exploratory committee to raise and spend money. For the past few months, it was even fun to watch council hearings. The verbally adept Graham had been testing, teasing and torturing his incumbent colleague. The verbal sparring was so evident during council sessions, during which Brazil – known for his rambling non-sequiter speeches – was actually funny. He was routinely outmaneuvered verbally by Graham.

Council Chairman Linda Cropp, who is known for her obsession with making sure the council operates in an orderly fashion, was so upset at the exchanges and the possibility they would disrupt the council sessions that she became instrumental in persuading Graham not to run.

Graham at least publicly swallowed the bait, insisted he could have won and withdrew his name from contention for the at-large seat.

Graham has refused to publicly disclose who gave to his exploratory committee under the guise that "it might cause political problems" for those who gave him money in secret. But he hasn’t said what he will do with the money that was raised. As citizens, we have no idea how many people actually toyed with running for the same job and we have no idea how much money was raised and what is being done with the money other than potentially lining the pockets of would-be candidates.

One council member said that "this is the mother of all campaign loopholes and should be stopped." This "veil of secrecy" does nothing to promote democracy. Employees at the Office of Campaign Finance and the Board of Elections and Ethics whom I contacted complained vociferously about the loophole and unanimously said it should be changed. Of course, finding a council member who will step forward to propose legislation to close this loophole this year is, I sadly suspect, unlikely. The law is badly written and needs to be clearer.

A lesser-known case illustrates another side of what is wrong with this law.

Amy Ochetti works for the Office of Property Management and has made no secret of her desire to succeed Sharon Ambrose as the Ward 6 representative on the city council. Politically active residents in the ward have known for years of Ochetti’s intentions. For the past six months, Ochetti has been asking people to support her and work for her candidacy next year. This effort has included asking David Sheldon, campaign treasurer in 2000 and 2002 for Tommy Wells, the District III Board of Education member. (Wells is widely expected to run for the council seat in 2006, as well.)

In many states, Ochetti’s verbal initiatives would be an indication that she is already a candidate for the 2006 election and that any money raised should be subject to limitations and public disclosure. But not in D.C.

It's perfectly legal in the District for city employees, like Ochetti, and sitting officials, like Graham, to collect money in any amount from undisclosed sources and dole it out to individuals or companies without ever telling the public what's going on -- unless they ultimately turn an "exploratory committee" into an official campaign committee, which must then comply with financial disclosure requirements.

Are there conflicts of interest involved? The public has no way of finding out, and no recourse but to place blind trust in the word of politicians who choose to use this legal loophole. The law needs to be changed.

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Diana Winthrop is a native Washingtonian. Contact her at diana@thecommondenominator.com.

Copyright 2004, The Common Denominator