Rob McKenna: ‘Point to be made’ with democracy vouchers lawsuit

Seattle’s experiment with democracy vouchers is getting some pushback from two Seattle property owners who claim the program violates their First Amendment rights.

“It sounds downright antidemocratic, doesn’t it, on its face?” former Washington attorney general Rob McKenna told Seattle’s Morning News. “But it turns out this case is being brought by two property owners in Seattle who claim that using their tax dollars to provide these democracy vouchers, which allow fellow Seattle voters to donate money to particular candidates, infringes on their free speech rights as tax payers.”

RELATED: What is a democracy voucher anyway?

The program, approved by voters in 2015, intends to promote voter engagement on the local level and encourage new candidates. Few would argue there is anything wrong with that – so, does this lawsuit have a leg to stand on?

According to McKenna, this is not only an interesting question, but also one he believes the court will take very seriously. The democracy voucher program is financed through property taxes and is not voluntary. Unlike other forms of public financing, voters decide where to direct the money.

“There is a point to be made here, because the First Amendment doesn’t just protect you in terms of what you want to be able to say,” McKenna said. “It protects you from being forced to associate with someone else’s speech that you don’t agree with.”

The lawsuit, brought by Pacific Legal Foundation, claims democracy vouchers are “unconstitutional,” “undemocratic,” and “conscripts property owners into footing the bill for other people’s donations.” The argument inadvertently questions other forms of public finance. After all, people do not always have a say in precisely how their tax dollars will be spent; however, the guiding principle is that the contributions from the public will benefit the whole.

For McKenna, this particular debate differs because it involves neither road, nor bridges, nor schools, but one of the most sacrosanct facets of the Constitution: political speech.

“I think these property owners are just irked that their neighbors can use their democracy vouchers to donate money,” McKenna said. “The response to that is, I suppose, well yes but you as Seattle voters can take your vouchers and point them to people you do support.

“Theoretically, the amount you’re donating isn’t really disproportionate to the amount of taxes you’re paying. But on the other hand, let’s face it, with property taxes, the more property you own or the more valuable it is, the more you’re paying into the system. So, in fact, some people are contributing more than others.”

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