October 16, 2007
PDC Returns Lovick Complaint

After Rep. John Lovick falsely included Rep. Kirk Pearson in his list of endorsements for County Sheriff, I contacted Lovick's campaign directly.

I told Lovick that unless the endorsement was removed from his web site immediately, and -- because the false endorsement had been on Lovick's campaign web site for weeks -- a retraction posted on the web site. If both were not done, I would file a PDC complaint.

The endorsement was removed the very next day, and I asked where the retraction was. Lovick responded simply: "I appreciate hearing from you. I will deal with my colleague Representative Pearson on this issue."

Therefore, I filed the PDC complaint.

However, the PDC complaint was returned without an official investigation, because the PDC felt that the burden of "clear and convincing evidence" for "actual malice" was unmet. But "'Actual malice' means to act with knowledge of falsity or with reckless disregard as to truth or falsity" -- not just intent -- and I believe the evidence is clear and convincing.

The letter from the PDC says, "[Lovick] said that after being informed about the inclusion of Represenative Pearson's name as an endorser, he requested that his daughter remove his name from the website. Representative Lovick said that his daughter did remove Representative Pearson's name from the website, although it took some time since she is a volunteer. He said there was also some confusion about the spelling of Representative Pearson's first name, which added to the delay in removing his name."

So, let's get this straight. Lovick was told about it, and he told his daughter to fix it. At some point (between several minutes and several weeks), she attempts to do so, and fails, because she can't figure out how "Kirk" is spelled, even though there's only one Pearson (or any name remotely like it) on the list of endorsements. She either does not attempt to rectify the confusion, or tries to but is unsuccessful in figuring out who it is that is not endorsing Lovick whose last name is "Pearson."

Nothing was fixed, until 5 September, the day after I threatened to go to the PDC.

Lovick's claim to the PDC implies that they just finally got around to resolving scheduling and spelling problems and fixed it. But that's not the case: they fixed it only after they were threatened with legal action, and that means they could have fixed it sooner but simply didn't care enough to, which is to me what "reckless disregard as to truth or falsity" means.

The PDC thinks this does not amount to "clear and convincing evidence." I think it does. The PDC also seems to think it matters that this was not printed in paper, but only on the web site; I think it does not (and the law contains no distinction I can see).

Regardless, however, what is absolutely clear is that Lovick irresponsibly had Pearson's name on his web site as an endorser; that he took several weeks to remove it; and that when he finally got around to doing so, he refused to publicly state that his web site misinformed the public during that time.

I couldn't vote for such a man for sheriff, of all positions, who has such a lack of respect for truth. But maybe that's just me.

Posted by pudge at October 16, 2007 03:56 PM | Email This
Comments
1. For a limited government guy, I say let it be.

You should be more incensed at Reardon's smear of his Democratic opponent during the primaries last time around using people and a phony interest group as stooges. That one was bad and he didn't get nailed.

Posted by: swatter on October 17, 2007 09:03 AM
2. swatter: my point has always been that as the 39th District Chair, I have a responsibility to clear up the misinformation. I only filed the PDC complaint because Lovick refused to make a retraction to the public. I was just using the means available to me to inform a confused public of the error. Even officials of the SnoCo GOP thought Pearson had endorsed Lovick, and many people were angry about it.

Posted by: pudge on October 17, 2007 02:54 PM
3. Lovick sounds like a disaster waiting to happen.

What is Greenie up to? Haven't had any literature dropped in my mailbox and I always vote. There were some excellent discussions on the race here at SP highlighting the differences.

Posted by: swatter on October 18, 2007 07:41 AM
4. Greene has a ton of direct mail going out today. He's been doing a lot of public forums, doorbelling, phone calls ... been a very active campaign.

The Lovick campaign has been active, too. Why, just last weekend, I saw one of Greene's 4-foot-wide signs on Stanwood-Bryant Rd. vandalized! ;-)

Posted by: pudge on October 18, 2007 08:51 AM
5. Pudge runs the 39th for the R's.
Do you hand out the kool aide,and hand warmers for the intitiative drives.
Lovick has the support from the snohomish county medical marijuana patients.
Too bad Greene wants to send em all to Hitler's office with a blindfold and a cigarette.
1000 votes could mean something in a tight race.

Posted by: Publicbulldog on October 19, 2007 09:54 PM
6. Publicbulldog, as usual, I have no idea what you are trying to say, and am not going to bother trying to translate your gibberish into English.

Posted by: pudge on October 19, 2007 11:01 PM
7. Travis,
Index sold separately

Posted by: Publicbulldog on October 20, 2007 09:25 AM
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