Controversy, surprise endorsement shakes up race to replace state Sen. Mike Padden

Candidates, cash and controversy are abundant in the race for a state Senate seat in eastern Spokane County.

Four Republicans and two Democrats have thrown their hat in the ring to replace outgoing state Senator Mike Padden, who’s held the lone state Senate seat in the 4th Legislative District since 2011. Padden opted to retire after spending 28 years in the Washington State Legislature.

The district stretches from Spokane Valley in the south, Elk to the north, and from the Idaho state line to Newport Highway. It has only elected Republicans since 1994.

The candidates vary in age and political experience, with Spokane Valley Mayor Pam Haley, state Rep. Leonard Christian, recently elected Spokane Valley City Councilman Al Merkel and businessman Mike Kelly rounding out the slate of conservative candidates.

Miguel Valencia, a law student and Army veteran, and Paige Scott, a former National Guard member, are the two Democrats in the race.

Kelly holds the financial advantage with more than $75,000 in campaign contributions, which includes nearly $27,500 of his own cash, according to the Public Disclosure Commission. He’s followed by Christian with just over $25,000, Haley with around $18,700 and Valencia with over $12,800. Merkel and Scott bring up the rear with roughly $1,100 and no reported donations, respectively.

The controversies

Padden, the outgoing senator who’s represented the district for a total of 28 years in the Washington State Legislature, has endorsed Kelly over fellow legislator Christian, as well as his long-time associate Haley.

The move came as a surprise to many longtime Valley conservatives.

“I think Padden must have really hated Suzanne and I to go out and find somebody from outside the area to run,” Christian said, referencing his fellow district representative, Suzanne Schmidt. “No context or history in the area. His support just makes no sense.”

Kelly moved to the Valley in 2019 from Portland, Oregon, to be closer to his grandchildren, he said. But his opponents and detractors tout that as proof Kelly is a newcomer who may not understand the district and the issues important to the constituents within.

“I’ve learned most of the important issues needed through my involvement with the county over the last five years, or through my campaign and just reaching out and talking to a ton of people, mostly at the doorstep,” Kelly said.

They also point to Kelly’s stint in federal prison in the late ‘80s and early ‘90s for a drug trafficking charge as a knock against him, and a further confusing element of Padden’s choice, a former judge who maintained a tough-on-drugs approach for much of his time in the legislature.

Kelly has been relatively transparent about his run-in with the criminal justice system in interviews, at campaign events and on his campaign website, but only in generalities.

“Although working in the world of financial services, the path of least resistance and greatest allure proved to be the world of illicit drugs,” his campaign website says. “Consequently, although never partaking himself, Mike chose to involve himself in the financing of transactions involving controlled substances.

Court records show a grand jury indicted Kelly in October 1989 on multiple drug and firearm charges: attempted possession of cocaine, conspiring to possess cocaine with the intent to distribute and three counts of carrying firearms in relation to a drug trafficking crime. All stemmed from an evening in June 1989 when he and an associate purchased a kilogram of cocaine from an undercover Portland Police Bureau officer for $75,000.

Kelly said negotiations with the U.S. attorney led to those charges being amended to only include two, attempted possession and a single firearm charge. Kelly pleaded guilty in 1990 to both, according to court records.

In an interview with The Spokesman-Review, he said the ‘80’s “was the time of Scarface and Miami Vice,” and the drug culture was “in your face.” He struggled as a young stockbroker and financial adviser, which led  him to turn to crime, he said. 

“While I didn’t participate, I did have the opportunity to get involved financially and finance some higher-level transactions,” Kelly said. “So that kind of went on for a period of time, until eventually I got arrested.”

Federal law enforcement accused Kelly of possessing an AK-47 semiautomatic rifle, a 12 gauge shotgun, a semiautomatic .380 caliber pistol and two 9 millimeter submachine pistols at the time of his arrest, as well as numerous scales. He pleaded guilty to both charges and was sentenced to 10 years for the drug charge and five years for the firearm charge, to be served concurrently.

While spending the first few years of his incarceration studying law “out of curiosity, but also to help other people,” Kelly said he caught an error in how his own case was processed that led the judge to enact a reduced sentence in 1994.

The firearm charges were dropped when the judge amended the drug charge to possession with intent to distribute cocaine and lowered his time in prison to seven years and three months, according to court records.

Kelly views the ordeal as a story of redemption that taught him the importance of humility and strengthened his faith, while also helping shape his stance on criminal justice.

“It was 35 years ago, right?” Kelly said. “So for most people, it’s not relevant. Yes, I made a mistake, I took accountability, but through that experience, I’ve learned some valuable lessons. I’ve matured immensely.”

Padden said his endorsement of Kelly doesn’t come as a knock to other candidates; he believes most conservatives in the race would do a good job in the role. He thinks Merkel would need to change his approach to build the relationships in the 49-member Senate to pass effective legislation, especially in a Democrat-heavy legislature.

He appreciates Kelly’s perspective on his legal troubles, and views it as someone overcoming a mistake. The Spokane County GOP said as much in their interview with Kelly, in which they announced their endorsement of him.

“I endorsed Mike Kelly right from the get-go,” Padden said. “I think he’s got the qualities, the personality, the life experiences, some setbacks and overcoming those and a lot of varied business activities. And real knowledge of the issues to be an effective senator.”

Haley was one of those surprised by the endorsement, due in part to what she said was a longstanding promise she received from Padden that he would endorse her when he stepped down.

She said she could not speak to how the endorsement came to be, and that all she was told regarding the lack of endorsement is that she “wouldn’t fit in with the male majority of the Senate.”

“Honestly, up until probably he told me about Mike Kelly, I expected him to endorse me, too,” Haley said. “Because that’s what he’s always told me.”

Kelly is not the only candidate with an air of controversy around them or some of their comments.

An independent investigation launched by the city after an employee lodged an official complaint found Merkel perpetuated a pattern of disrespectful behavior against city staff in his first few months in office.

In one instance, Merkel allegedly cornered Haley after a council meeting, preventing her from leaving the chambers as he yelled at her and invaded her personal space, according to the investigation’s findings. Two city staffers who witnessed the interaction intervened and escorted Haley away from the building. Haley’s husband or staff members now walk her to her car after each Tuesday meeting, she said.

Merkel has also been accused of a problematic work history, by a private investigator during a council meeting, and in an ongoing lawsuit in Spokane County that alleges he fostered a hostile work environment.

He’s maintained that the investigations by the city and private investigators and the conflict he’s been engaged in at City Hall are political attacks by those wishing to silence him. 

“It’s clear that I am tenacious; I am ready to keep on going after the policies that matter for you, no matter what attacks might come,” Merkel said when asked how he might square that baggage with voters. “I’ve never stopped fighting for the things that matter for this city, no matter what they’ve thrown at me, and I’ll be that way in Olympia, too.”

Haley and Merkel, now opponents in the election, have continued to have contentious exchanges during the city council meetings since announcing their bids for office.

In a May meeting, Merkel made a point of mentioning Haley’s claim that two children who attended the daycare have died after coming in contact with unsecured opiates, something she’s repeated in interviews and campaign events when calling for increased penalties for drug possession and use.

Merkel questioned the legitimacy of the claim in interviews and brought it up at the meeting in what appeared to be an attempt to increase scrutiny for Haley.

A review of past releases from the Spokane County Medical Examiner’s Office includes at least one toddler who died after coming into contact with an opioid.

A 1-year-old from Airway Heights died in June 2023 of “accidental smothering in the setting of the toxic effects of buprenorphine,” the release states. The drug is prescribed as a replacement to assist in the treatment of opioid dependence and addiction, and includes drowsiness and shallow breathing as possible symptoms.

Haley said she heard of the deaths from the families of the deceased toddlers, and that neither of the parties responsible for the two children ingesting opioids faced criminal charges, which has led to her calls for cracking down on possession and negligence.

“I feel like there needs to be more penalties for things like that,” Haley said. “There needs to be some repercussions.”

She said Merkel’s insinuation Haley would lie about the death of children as part of her campaign was disgusting and hurtful. 

“It’s a horrible, horrible thing to say,” Haley said. 

Education

Christian said education was not originally one of his platform issues, but after speaking with educators, parents and students in the district, his perspective has changed.

“I just got to the point where seeing these schools and seeing these students and what the teachers are dealing with, and then my background starts coming out,” Christian said. “It’s like, ‘Oh, my Lord,’ let’s work together and see if we can deal with some stuff.”

Christian spent his childhood homeless, moving around the country frequently and often without parental supervision. He said that led him to fall seriously behind in his education, and it took a lot of work to get to the point where he was ready for higher education and a career in the military.

He sai the Legislature should support alternative learning paths for students who are struggling in or out of school like he once did, including with more options for those interested in pursuing trades

Valencia said much of his campaign, and policy if elected, focuses on advocating for working class families. He would like to lower the cost of child care through implementing universal day care, pre-kindergarten and would  explore ways to make trade schools and higher education more affordable.

“That should really have people have more economic freedom, and then they can make whatever decision they want to make in life, or what they want to accomplish with their life, without fear of going into massive amounts of student debt,” Valencia said.

As a longtime early childhood educator, Haley said bringing down the costs of child care is one of her top priorities. She said state regulations have driven up the cost for local businesses like the daycare she oversees, and have limited the number of viable curriculum programs they can use.

“A lot of those costs have been passed on to us through state regulations that have little to nothing to do with safety or health, which should be one of the major concerns for child care from the state,” Haley said. “Not ‘What kind of books do you have in your classroom and what kind of curriculum are you using?’”

Scott said it is unfair to institute state benchmarks in education, or to conduct standardized testing, because it does not “give everybody a chance to express their intelligence.”

In regards to giving more control to local school districts, Scott indicated she would be mostly supportive. She said she was not aware of statewide programs in place to assist veterans and service members pursuing higher education or additional job training, but would like to see more support directed to those efforts.

Washington’s community colleges, colleges and universities have been authorized by the state Legislature to waive all or a portion of tuition and fees for eligible veterans or national guard members for years. Those benefits can also be extended to family members in some cases.

Merkel listed education in his top three areas of focus if elected, behind public safety and reforming the Growth Management Act. He said local school districts should be able to decide the curriculum and facility needs right for their community without requirements from the state.

“Local districts can really have a better sense of being able to make these decisions; they can be held accountable to the voters in their own areas,” Merkel said. “So from my perspective, it’s just another version of I would rather have these decisions devolved to the lowest level that they make sense.”

Kelly said he would advocate for instituting a statewide voucher program so families who choose to homeschool or enroll in private charters can access state funding while doing so. He’d like to see more local control over curriculum and find ways to bring down the cost of education for districts so they no longer need to ask nearby property owners for tax increases.

“I’m concerned about our school boards not having the ability to determine curriculum, to determine important details of operating the school districts,” Kelly said. “Including right down to what kind of buses we have to drive and what types are best for our conditions.”

Gov. Jay Inslee signed a bill into law this year that requires school districts to transition away from diesel buses to electric to cut carbon pollution and reduce the rampant exposure to unhealthy diesel fumes that children face while riding one.

The Legislature provided tens of millions in grant funding to help districts make the transition when it makes fiscal sense for each of them to do so.

Christian voted against the bill as a representative.

Kelly said a solution needs to be found that “honors all perspectives and doesn’t tell one group of people they’re going to have to suck it up and deal with it,” seemingly in regards to the ongoing debate over the fairness of transgender athletes in youth sports, and what modern locker rooms and restrooms should look like.

On public safety

Haley, Merkel and Christian all identified public safety as their top priority.

Merkel said redirecting marijuana taxes back to the counties and cities they were collected in would be one of his first legislation pushes if elected. He said redirecting those funds would allow jurisdictions to hire more police officers, enhance court and jail facilities and hire more prosecutors and public defenders without placing the burden for such issues on residents in the form of requested tax increases.

Haley has nearly identical thoughts on bringing marijuana tax proceeds back to the local level to fund the justice system, and would like to see increased penalties for drug offenses inspired in part by the aforementioned toddler overdoses she said killed two of her daycare attendees.

“My business is downtown, and up and down the street, there’s people smoking fentanyl all the time on the sidewalk,” Haley said. “I think to some extent, because no one does anything, no one even talks to them about it, I think that it’s normalizing it.”

Christian touted his sponsorship of a number of bills aimed at increasing penalties for criminal offenses and reinstituting protections and policing practices for law enforcement officers as evidence of his commitment to public safety. He was glad to see a number of Washington residents put their support behind an initiative adopted by the Legislature this year that removed restrictions on police pursuits.

Christian rebuked the Democratic majority’s approach to crime and the justice system, saying “they don’t want people who are committing crime to pay any penalty.” He said the costs of crime are inevitably passed on to residents and taxpayers, whether it be to fund increased policing or the costs of theft reflected in pricing at the grocery store.

“Sometimes people need to go to jail to get straightened out and become good model citizens,” Christian said. “Sometimes you have to pay somewhat of a penalty for that.”

Kelly said contrary to what people may believe, his brush with the law taught him the importance of accountability, and that he is committed to ensuring the district remains a safe place to raise a family.

“I learned accountability, which is a big part, I think, of any of the solutions that we need to deal with crime today,” Kelly said. “There has to be an accountability component.”

Valencia said he would advocate for state funding for co-response programs that pair mental health and addiction specialists with first responders. He said public safety can mean more than just policing a community, but he understands policing is an important element .

“It’s just that the system that we’ve created for the police essentially has no accountability, and I don’t think they’re receiving the proper training,” Valencia said. “So there needs to be more accountability, there needs to be better training.”

He also added access to affordable or free health care in the state and increasing housing supply to provide shelter to the homeless, both goals of his, to his image of public safety.

Scott said people are “being reckless with the laws,” evidenced by the speeding and drug use she sees. She said she would like to see officers have more time to enforce traffic and possession crimes, but she doesn’t think there should be a state funding mechanism to hire more officers.

“They’re so busy chasing crime around that they can’t take the time to drive the streets and just monitor,” Scott said.

On development, housing and the cost of living

Kelly said his varied business experience has provided him with a thorough understanding of the challenges facing developers, small businesses and property owners. He said the state needs to cut property taxes, a top issue with constituents he’s talked to while on the campaign trail.

He thinks rules and guidelines for development, whether it be housing density, the type of housing being built or clean energy requirements, should be instituted by local jurisdictions and not at the state level.

“They’re relegating our local institutions to administrative arms of the state, and I don’t agree with that,” Kelly said. “I would like us to be able to have more control over how we develop our communities and how we run our schools, and all the things that go along with that.”

Valencia said building up the state’s housing inventory would help address homelessness across Washington. He would support legislation that capped annual rent increases, and said his push for affordable or free health care, child care and higher education are all parts of increasing affordability for families.

“I know other people my age, they’re struggling with starting their families,” Valencia said. “A lot of families are living paycheck to paycheck, a lot of people are impacted by inflation; it’s hard. Eggs are expensive, milk is expensive, and they don’t really have somebody there fighting on their side to make things more affordable.”

If elected, Christian said he would continue upholding his campaign promises of increasing affordability by pushing to lower taxes, advocating for state funding behind new legislation instead of passing it on to local jurisdictions and finding ways to incentivize business growth.

Christian pointed to his efforts to secure state funding for local transportation projects like the North Spokane Corridor, or community support services, like low-income housing for seniors, to show his commitment to ensuring tax dollars are put to good use.

“Why wouldn’t you go in there and fight for your share of what’s already been taken out of our taxpayers’ pockets, and bring that money back here?” Christian said. “Because these are more likely going to lead to jobs and proceeds here locally.”

Haley shared a similar sentiment, saying the best way to ensure government funding is to build a larger tax base by attracting residents and businesses, rather than increasing taxes for those who already live in the district.

She supports amending the Growth Management Act, as does Merkel, to more easily allow for changes to land-use designation and boundaries for growth.

The Growth Management Act was passed in 1990 to guide planning for growth and development in Washington. It mandates local jurisdictions to set when and where development should occur.

The act was intended to protect overgrowth of cities into natural areas, but Merkel believes it has incentivized purchasing property that may be included in future plans, with the intention to sell or develop later. That can dramatically increase property values and affect zoning regulations at the local level. He believes the act also does not protect environmental areas and limit sprawl as it was intended to.

Scott said “it seems a little unaffordable” to live in the district compared to where she lived in Massachusetts, and that she’s “interested in finding out why we kind of have an overabundance of homeless.”

She would advocate for an $18 minimum wage, and more resources for veterans and service members to lower the cost of living for them.

“I do want to see what we can do with the resources that we do have,” Scott said. “I don’t think we’re utilizing everything in the Valley that we could be to take care of our community.”

Why they’re running

Scott said her interest in the position stems from a desire to understand how things have changed in her hometown and state since moving back two years ago from Massachusetts, where she served in the National Guard.

“Compared to when I was living in Massachusetts, like, I was almost surviving there,” Scott said. “But here, it almost feels impossible.”

Valencia said he decided to run before Padden announced his retirement because he believed Padden should have a challenger and voters deserve a choice in every election. He believes more young people should be volunteering for public service and said his focus would be on fighting for the working class.

“If you want somebody that at the forefront of their mind is working class people, then I’m your guy,” Valencia said.

Kelly said he was invited to run by some of the county GOP leaders, including Padden, but was also motivated to take them up on the invitation due to his love of the country and his “strong awareness of what is going on.

“I had my own concerns that I would like to help address and be part of the solution,” Kelly said. “So I certainly was interested in getting involved and helping to try to make a difference.”

As a two-term mayor, Haley said she disagrees with some of the legislation passed at the state level and its effects, which she described as burdensome, on governments at the local level. It often does not align with the values of the more conservative district, she said.

Some of her associates in the Legislature encouraged her to run, and she said she has positive qualities and experience that other candidates do not. She said she has not yet decided if she would stay on the City Council and hold both roles concurrently if elected to the Senate.

“I just think that we should have more local control,” Haley said. “We should be able to do what our citizens want, not necessarily what the largest population that’s several hundred miles away wants.”

Merkel said his desire to better serve the residents of Spokane Valley motivated him to run, and he wants to be part of fixing the issues facing the district. He would retain his seat on the city council if elected, which he said would allow him to effect real change for the district.

“I think that these two roles will really serve each other,” Merkel said. “I’m always going to be focused on serving and representing our local issues.”

Christian said the jump to the Senate is a natural progression for a representative, and that his experience in the House has allowed him to build the relationships needed to succeed in the Senate.

“For me, it’s ‘Promise made, promise kept,’” Christian said. “Voters sent me to Olympia, and I did exactly what I told them I was going to do. I’ve done it with honor.”

Editor’s note: This article was changed on July 18, 2024 to correct information about the federal drug crimes Mike Kelly faced. Kelly also said he moved to Spokane Valley in 2019. The original version of this story had an incorrect date.