STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
FINDINGS IN THE MATTER OF THE ACCEPTANCE OF
A CONTRIBUTION FROM A LOBBYIST DURING
THE REGULAR 2003 LEGISLATIVE SESSION
BY THE BILL MCLAUGHLIN SENATE 3 CAMPAIGN COMMITTEE
PROCEDURAL BACKGROUND
In
response to an inquiry from the Campaign Finance and Public Disclosure Board
("the Board"), George Broberg, treasurer for the Bill McLaughlin Senate 3
Campaign Committee, submitted a letter on April 23, 2004, which stated, "I have
enclosed a copy of the check we received from Mr. Kwilas [Anthony Kwilas
#0199]. As you can see he never dated the check which I never noticed when I
turned it in to the bank on March 1, 2003.
I assume that Bill [McLaughlin] collected the check within a couple of
days before I gave it to the bank.
Anyway you look at it; it appears as if it was a contribution during the
legislative session."
Minn.
Stat. 10A.273 subd. 1, prohibits a candidate for state legislative office from
accepting a contribution from a lobbyist during a regular session of the
legislature. The 2003 legislature was in session from January 7 to May 19,
2003.
Mr.
Broberg provided a copy of Mr. Kwilas's undated check for $200. Minn. Stat. 10A.27, subd. 1, (4) limits the
amount a candidate for state senate can accept in a non-election year to $100.
This
matter was considered by the Board in executive session on June 15, 2004.
Based on the
record before it, the Board issues the following:
EVIDENTIARY FINDINGS
1. The Bill McLaughlin Senate 3 Campaign Committee reported
accepting a $200 contribution during March 2003 from a lobbyist registered with
the Board.
2. Minn. Stat. 10A.273, subd. 1, prohibits a principal
campaign committee from accepting a contribution from a registered lobbyist
during a regular session of the legislature.
The 2003 legislature was in session from January 7 to May 19, 2003.
3. Minn. Stat. 10A.27, subd. 1, (4), prohibits the principal
campaign committee for a candidate for state senate from accepting a
contribution from a lobbyist in excess of $100 during a non-election year.
4. Board records show that this is the first calendar year in
which the Bill McLaughlin Senate 3 Campaign Committee reported acceptance of
contributions from registered lobbyists during the regular legislative session.
5. Board records show that this is the first calendar year in
which the Bill McLaughlin Senate 3 Campaign reported acceptance of a facially
excessive contribution.
Based on the above Statement of the
Evidence, the Board makes the following:
FINDING
CONCERNING PROBABLE CAUSE
1. There is probable cause to believe that the Bill McLaughlin
Senate 3 Campaign Committee violated Minn. Stat. 10A.273 by accepting a
contribution from a registered lobbyist during the regular session of the
legislature in 2003.
2. There is probable cause to believe that the Bill McLaughlin
Senate 3 Campaign Committee violated Minn. Stat. 10A.27, subd. 1 (4), when it
accepted a $200 contribution in March 2003.
Based on the
above Findings Concerning Probable Cause, the Board issues the following:
ORDER
1. In lieu of forwarding the above public finding of probable
cause to the county attorney in Itasca County to pursue a judgment in district
court, the Board orders the Bill McLaughlin for Senate 3 Campaign Committee to
pay a civil penalty of $400, for acceptance of a contribution from a registered
lobbyist during the regular 2003 legislative session.
2. Pursuant to Minn. Stat. 10A.28, subd. 3, there being
evidence that the Bill McLaughlin for Senate 3 Campaign Committee accepted a
facially excessive contribution, the Board directs staff to enter into the
mandatory conciliation process with the Bill McLaughlin for Senate 3 Campaign
Committee.
3. If the Bill McLaughlin for Senate 3 Campaign does not comply
with the provisions of this order, the Board's Executive Director shall refer
this matter to the Itasca County Attorney for civil enforcement pursuant to
Minn. Stat. 10A.273.
4. The Board investigation of this matter is entered into the
public record in accordance with Minn. Stat. 10A.02, subd. 11, and upon
receipt of a signed conciliation agreement, and payment of the civil penalty
imposed herein, this matter is concluded.
Dated: July 15, 2004 ญญญญญญ________________________
Wil
Flugel, Chair
Campaign
Finance and Public Disclosure Board