STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
. . . . . . . . .
Wednesday, October 23, 2002
. . . . . . . . .
Ladyslipper Conference Room
Ground Level, Centennial Office Building
Meeting was called to order by Chair Kelley.
Members present: Chambers, Fluegel, Kelley, Miller, Pauly, Spear
MINUTES
(September 25, 2002)
Mr. Fluegel’s
MOTION: To approve the September 25, 2002, minutes as drafted.
Vote on MOTION: Unanimously passed.
CHAIR'S
REPORT
·
Board Meeting Schedule
Next meeting is scheduled for November 20,
2002. The Board directed staff to
schedule Board meetings for 2003 on the fourth Wednesday of every month, if
possible.
Ms. Olson submitted the following written
report:
·
Staff Activities
Data entry from the pre-primary reports is complete and the 2002
contribution information is now available on the Board’s website.
The number of candidates who filed pre-primary reports electronically
increased to 181. Another 58 candidates
are using the software but filed paper copies.
Those figures double the number of electronic users from 2000. Staff is informing those candidates filing
electronically generated paper reports about the electronic filing
process. Hopefully, more will file
pre-general election reports electronically. Only 46 political committees,
political funds, and political party units filed reports electronically and
another 11 use the software but do not electronically file.
The Annual Report for Fiscal Year 2002 and the Lobbyist Disbursement
Summary were issued September 26th.
On October 10th Mr. Sigurdson met with Hamdan Zoelva, a
member of Parliament from Indonesia.
Mr. Zoelva is a guest of the U.S. State Department’s International
Visitor program. Mr. Sigurdson and Mr.
Zoelva discussed transparency in government as it relates to campaign finance
and economic interest disclosure.
Legislation is not needed to treat candidates’
social security numbers as private data.
Minn. Stat. §13.49 provides that social security numbers maintained by a
state agency are private data on individuals.
Mr. Kelley appointed a legislative
subcommittee consisting of Ms. Pauly, Mr. Spear, and Mr. Miller. Chair Kelley will serve as an ex officio
member. The first meeting of the
subcommittee will be November 13, 2002.
The following list of legislative recommendations will be
discussed:
§
Minn. Stat. §
10A.08. Representation Disclosure. There is a late filing fee, but no fine for
failure to file. The enforcement
procedure should be consistent with other provisions of Chapter 10A.
§
Minn. Stat.
10A.28 – lobbyists are not included in the prohibition on giving excess
contributions. The enforcement
procedure should be consistent with other provisions of Chapter 10A. (Lobbyists are prohibited from giving during
the legislative session.)
§
Review the law
as it applies to the Affidavit of Contributions. Candidates must sign a notarized document by September 1st
of an election year that certifies that they have raised a certain amount of
contributions during the year from individuals eligible to vote in Minnesota in
amount of $50 or less. This year
several individuals stated that they had not raised funds through the
pre-primary reporting date, but did have the $1,500 or $3,000 by September 1st. The Board may wish to suggest that a list of
donors with dates, amounts, and addresses accompany the certification. The list would be kept confidential, because
that itemization is not required for contributions of $100 or less. Alternatively, the Board could suggest that
the information be certified on the same date as the pre-primary report is due. In that way, staff could determine that the
required amounts have been raised.
Currently, we don’t know if the certified amounts have been raised until
the pre-general election report is filed about a month after the public subsidy
has been paid.
§
Provide that a
candidate who terminates a committee and then registers a new committee for the
same office within two years is required to assume any unpaid liabilities of
the previous committee and report as campaign expenditure all final
disbursements made by the prior committee.
§
Add political
party units to Minn. Stat. 10A.27, subd. 1 (c). That section prohibits a political committee or political fund
from making a contribution that a candidate is prohibited from accepting.
§
Provide that
candidates must file pre-election reports only for elections in which their
name will appear on the ballot.
Currently the requirement to file pre-election reports is for the year
in which a candidate’s name appears on the ballot. This means that individuals who lose the primary election are
required to file the pre-general election report. There appears to be no public purpose for that report to be
filed.
Enforcement Report
Waiver
Requests
·
Pre-primary Report of Receipts and Expenditures due
August 26, 2002
Tom Porter, candidate, Tom Porter for State Legislature Committee, $500 - The Report of Receipts and Expenditures was received in the Board office on October 7, 2002. Mr. Porter indicated in a letter received with the report that he was on a trek at the time the report was due from Beaver Bay to the Capitol. Mr. Porter stated that shortly before arriving at the Capitol he fell and suffered a serious injury. All previous reports were filed on time.
Vote
on MOTION: Unanimously passed.
Joseph Maiers, treasurer, 16th
Senate District RPM, $500 - The Report of Receipts and Expenditures was
received in the Board office on September 19, 2002. By letter dated September 25th, Mr. Maiers stated that
he mailed the report on August 26, 2002.
When he received the first late filing notification, Mr. Maiers believed
the report and the late filing post card had crossed in the mail. He stated that he was unaware the report was
late until he received a certified letter from the Board on September 19,
2002.
Vote
on MOTION: Unanimously passed.
Michael Fetzek, chair, 17th Senate District DFL, $500 – The Report of Receipts and Expenditures was received in the Board office on October 1, 2002. By letter dated September 30th, Mr. Fetzek stated that he believed that he was no longer treasurer of 17th Senate District DFL. By letter dated October 8th, Scott Coffman, chair, of 17th Senate District DFL, wrote indicating that the members of 17th Senate District DFL believed their committee’s registration was terminated when the new 17th Senate District DFL registered with the Board. Mr. Fetzek provided a letter from the committee’s bank indicating that on June 5, 2002, all Senate District 17 DFL funds were transferred to the Senate District 16 DFL account. All previous reports were filed on time.
Vote
on MOTION: Unanimously passed.
Thor Carlson, treasurer, 19th Senate District DFL $500 – The Report of Receipts and Expenditures was received in the Board office on October 3, 2002. By letter dated October 3rd, Mr. Carlson stated that the report was delayed due to redistricting. Mr. Carlson also indicated that he was out of town when the certified reminder letters were sent. All previous reports were filed on time.
Vote
on MOTION: Unanimously passed.
Richard Thomas, treasurer, Ames Construction PAC, $500 - The
Report of Receipts and Expenditures was received in the Board office on October
4, 2002. In a fax transmission received
October 4th, Mr. Thomas stated that he mailed his report in August,
and indicated that he was on vacation when the certified reminder letters were
delivered. The committee’s report due
January 31, 2002, was received March 29, 2002, however, no late filing fee
accrued. No motion was made.
Clete Glessing, treasurer, St. Paul Area Trades and Labor Assembly, $300 - The Report of Receipts and Expenditures was
received in the Board office on September 9, 2002.
By letter dated September 30th, Linda Neimela, Office
Secretary, stated that she encountered difficulties in having the form signed
before September 2, 2002, and that she was ill from September 2, 2002, through
September 9, 2002. The committee’s
report due January 31, 2002, was received on February 27, 2002. No motion was made.
Request for Reconsideration of Waiver
Wade Hannon, candidate, The People to Elect Wade Hannon – By letter dated September 30th, Mr. Hannon stated that his campaign manager faxed his public subsidy agreement to the Board on September 3, 2002. Mr. Hannon stated that he waited until the last day because he hoped to raise the $1,500 needed to qualify for public funding. Mr. Hannon indicated that he did not raise the required amount but that he submitted the Public Subsidy Agreement form so that he could give refund receipt to his contributors. Mr. Hannon stated that his campaign manager’s fax machine does not provide confirmation. A notarized statement from the campaign manager regarding this matter accompanied the request. Mr. Hannon requested that the Board accept the late filing. No motion was made.
Joe McCabe, treasurer, Watonwan County
DFL: $100
Thomas Marks, District 23A Tom Marks Campaign: $250
Raymond Morris, treasurer, (J.) Wedel for Senate: $50
Tammy Houle, treasurer, 2nd Congressional District
Constitution Party of Minnesota: $100
Leroy Sundblom, treasurer, 2B House District RPM: $100
Thomas Gerard, Carlton/8A RPM:
$100
Stephen Plunkett, treasurer, Olmstead County
Green Party: $150
Brian Pendelton, Lower Sioux Political Education
Fund: $150
Robert Kurdle, University of Minnesota Faculty Candidate Support
Committee: $50
Rory
Lenton, treasurer, Utilicorp United-State PAC Minnesota Employees: $100
· Brian Biele, Elect Brian Biele Campaign Committee, $100, remaining balance $100
·
Philip Krinkie, Friends of Phil Krinkie Committee –
During calendar year 2001, the Friends of Phil Krinkie Committee accepted two
contributions from an individual which in aggregate exceeded the applicable
non-election year contribution limit.
Phil Krinkie entered into a conciliation agreement on October 7, 2002,
and paid a civil fine of $25.
· Timothy Pawlenty, (Tim) Pawlenty for Governor Committee – During an investigation the Board found that the (Tim) Pawlenty for Governor Committee failed to show as an in-kind contribution ads paid for by the Republican Party of Minnesota. Tim Pawlenty entered into a conciliation agreement on October 21, 2002, and paid a civil fine of $100,000.
Returned Contribution Paid to State Election Fund
Russ Goudge for State Representative
Committee (“Committee”) terminated in August 2002. A $500 contribution made to another principal campaign committee
was returned to the Committee because the receiving committee was at their
maximum contribution limit. The
Committee forwarded the $500 for deposit in the State Elections Campaign Fund.
Financial statement and agency deposits -
Mr. Sigurdson submitted reports covering July through September 2002.
ADVISORY OPINION REQUEST
Advisory
Opinion Request #344 – Judicial Districts May Not Organize and Register as a
Political Party Unit Under Chapter 10A (laid over from the September 25th meeting).
Board members reviewed a letter from legal
counsel for a political committee requesting an advisory opinion on if the
committee could register with the Board as a political party unit.
Mr.
Fluegel’s MOTION: To approve
the advisory opinion as amended.
Vote
on MOTION: Unanimously passed.
SUMMARY: ADVISORY OPINION #344 signed by
Chair Douglas A. Kelley, October 23, 2002:
To qualify for registration as a party unit
with the Campaign Finance and Public Disclosure Board the party unit must be
organized within one of the geographic or political districts provided in
Chapter 10A. However, a political party
is free to organize a party unit on any basis that the party recognizes.
Board members reviewed a letter from a
public official asking for guidance on Minnesota Statutes §10A.07, Conflict of
Interest.
Mr.
Fluegel’s MOTION: To lay over
the request for Advisory Opinion 345 to the next Board meeting.
Vote
on MOTION: Unanimously passed.
Counsel Huwe presented the legal
counsel report outlining the status of cases that have been turned over to
the Attorney General’s office (see
copy of memo attached).
Board members discussed the
status of the Board’s findings regarding the complaint filed against the (Tim)
Pawlenty for Governor Committee.
Ms. Pauly’s MOTION: Direct legal
counsel to draft a written agreement between the Board and the Republican Party
of Minnesota to include agreement from the Republican Party of Minnesota to
promptly pay the fines, to assist the (Tim) Pawlenty for Governor Committee in
the retrieval of the materials that were purchased, to not appeal the Board’s
Findings, and for the Board to agree to not refer the matter for criminal
prosecution.
Vote on MOTION: Unanimously passed.
OTHER BUSINESS
Board members reviewed a lawsuit filed
against the Board and others by Minnesota Citizens Concerned for Life, Inc.,
David Racer, and The Committee for State Pro-Life Candidates. The lawsuit is challenging the
constitutionality of several provisions in Chapter 10A and other Minnesota
Statutes.
On October 15, 2002, the State Supreme Court
ordered Hennepin County to remove Jason Samuels (Green Party) from the general
election ballot for failure to reside in House District 59B. Because of this order, Representative
Phyllis Kahn will not have an opponent at the general election and she did not
have an opponent in the primary election.
Candidates without opponents are not eligible for a public subsidy
payment. Representative Kahn received a
$5,685.81 public subsidy payment.
Ms. Chamber’s
MOTION: Direct staff to inform
Representative Kahn that any campaign expenditures incurred this year prior to
October 15, 2002, may be paid for with her public subsidy payment. If the total campaign expenditures prior to
October 15, 2002, are less than $5,685.81 the difference must be returned to
the Board for deposit in the state general fund as provided in Minn. Stat.
§10A.324.
Vote on MOTION: Unanimously passed.
Meeting adjourned.
Jeanne Olson
Executive Director