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:

December 9, 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

 

            This report has been updated to include the decision in MCCL v. Kelley.

 

I.          Major Cases/Major Issues:

 

            Campaign Finance & Public Disclosure Board vs. Minnesota DFL: Oral argument was held on September 16, 2003.  The decision of the Court of Appeals was issued on December 9, 2003.  The Court affirmed the trial court decision in all respects, including the award of attorney's fees to the DFL.

 

            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 was filed on November 20.  The Court has yet to 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.  Judge Kyle issued his decision on the parties' cross motions for summary judgment on November 12, 2003.  He upheld the constitutionality of all of the challenged Minnesota laws except Minn. Stat. §211B.02, subd. 1, which defines “campaign material," and §211B.04, which requires certain disclaimers on campaign material.  MCCL has filed an appeal of the decision to the 8th Circuit Court of Appeals.

 

 

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: #958002-v1