STATE OF MINNESOTA

Office of the Attorney General

 

 


TO:

JEANNE OLSON

Executive Director

Campaign Finance & Public Disclosure Board
190 Centennial Office Bldg.
St. Paul, MN 55155

DATE:

November 12, 2003

 

FROM:

GREGORY P. HUWE

Assistant Attorney General

525 Park Street, #200

St. Paul, MN  55103-2106

PHONE:

(651) 297-1223 (Voice)

(651) 297-1235 (Fax)

(651) 282-2525 (TTY)

 

 

SUBJECT:

Status Report of Campaign Finance & Public Disclosure Board Matters

 

 

 

I.          Major Cases/Major Issues:

 

            Campaign Finance & Public Disclosure Board vs. Minnesota DFL: Briefing is now completed and oral argument was held on September 16, 2003.  Judge G. Barry Anderson was replaced on the panel by Judge Gordon Shumaker.  The panel closely questioned both parties, and took the matter under advisement.  We may expect a decision within 90 days of the argument, or by mid-December.

 

            Mayor Randy Kelly v. Campaign Finance & Public Disclosure Board: On July 23, we were served with a petition for writ of certiorari by the City of St. Paul, appealing the Board's determination that Mayor Kelly had violated the gift ban by accepting roundtrip air transportation and admission to a Minnesota Wild hockey game in Denver.  The Court of Appeals denied Mayor Kelly's motion for expedited handling of the appeal.  The Court also denied the Board's motion to exclude a transcript of the Board's executive session from the record on appeal.  Mayor Kelly's brief was served on October 9.  Our brief was served and filed on November 7.  The Mayor's reply brief will be due November 20.  The Court will then set a date for oral argument.

 

            Minnesota Citizens Concerned for Life, et al. v. Kelley, et al. This is a First Amendment challenge to various provisions of Chapter 10A, filed in United States District Court. Plaintiffs served an amended complaint on November 15, 2002, and the State served its Answer on December 4.  Our brief in support of the summary judgment cross-motions was filed on May 30, 2003.  The motions were initially scheduled to be heard on September 25, 2003, but were postponed until October 21 due to a death in Mr. Bopp's family.  The argument on the motions was held on October 21st, but the court's ruling has not yet been issued.

 

 

II.        Enforcement Matters:

 

            For the status of other enforcement matters that have been referred to the Attorney General's Office, please see the enclosed chart.  The administrative subpoenas requested by the Board at its last meeting have been served.

 

 

 

 

AG: #944756-v1