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:

May 18, 2004

 

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 reflect recent developments in the major cases.

 

I.          Major Cases/Major Issues:

 

            Mayor Randy Kelly v. Campaign Finance & Public Disclosure Board: On July 23, 2003 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 argument was held on February 19, 2004, before Judges Minge, Kalitowski and Shumaker.  The Court issued its decision on May 11, 2004. According to the Court of Appeals, Mayor Kelly did not violate the gift ban because the St. Paul City Council retroactively accepted the gift on behalf of the City. The Board has 30 days from the date of the decision to file a petition for review with the Minnesota Supreme Court.

 

            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 filed an appeal of the decision to the 8th Circuit Court of Appeals.  The MCCL's appellate brief was filed on February 20, 2004.  The State's brief was filed on March 18 and the State's reply brief was filed on April 7.  Oral argument has not been scheduled.

 

 

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. 

 

 

 

AG: #1229343-v1