STATE OF
MINNESOTA
CAMPAIGN
FINANCE AND PUBLIC DISCLOSURE BOARD
FINDINGS IN THE MATTER OF A COMPLAINT REGARDING THE
COMMITTEE TO ELECT (KEITH) ELLISON
Procedural
Background
On
June 17, 2003, Duane Reed filed a complaint against the Committee to Elect (Keith)
Ellison for alleged violations of Minn. Stat. 10A.20, subd. 3 (i).
Mr.
Reed alleged that the Committee to Elect (Keith) Ellison failed to disclose two
campaign expenditures on the committee's Report of Receipts and Expenditures
for calendar year 2002. Specifically,
Mr. Reed stated that campaign expenditures for advertisements in Insight News
and campaign expenditures for advertisements on KMOJ radio were not listed on
the committee's report.
On
June 23, 2003, Representative Ellison was notified of the complaint and
afforded an opportunity to respond.
Representative Ellison responded on July 31, 2003 and stated that he did
not place any advertisements with KMOJ Radio and that he is currently repaying
Insight News for the cost of the advertisements that he ran in 2002. On August 5, 2003, the Committee to Elect
(Keith) Ellison amended its Report of Receipts and Expenditures for calendar
year 2002 to disclose a $4,399.92 unpaid campaign expenditure to Insight News.
On
June 26, 2003, and July 19, 2003, the Board requested information from R.C.
Williams, Operations Manager of KMOJ Radio.
Mr. Williams responded by letter dated September 5, 2003, and stated
that KMOJ Radio did not run any ads for the Campaign to Elect Keith Ellison in
2002.
On
June 26, 2003, the Board requested information from Al McFarlane,
President/CEO, Insight News. Mr.
McFarlane responded on July 14, 2003, and stated that the Committee to Elect
(Keith) Ellison had an outstanding bill of $4,399.92 for advertisements in
Insight News that ran between September 30, 2002, and November 4, 2002. Mr. McFarlane stated that Insight News
billed the committee for these advertisements and expects full payment. Mr. McFarlane further stated that the
Committee to Elect (Keith) Ellison did not receive a special rate for these
advertisements.
The
Board considered this matter in executive sessions on June 25, 2003, August 27,
2003, and September 17, 2003. The
Board's decision was based upon the complaint, Representative Ellison's
response, Mr. McFarlane's response, Mr. Williams' response and Board records.
Based on the record before
it, the Board issues the following:
EVIDENTIARY
FINDINGS
Based on the above Statement of the Evidence, the Board makes the
following:
FINDINGS CONCERNING PROBABLE
CAUSE
1. There is no probable cause to believe that the reporting violations alleged in the complaint continue to exist. When the Committee to Elect (Keith) Ellison's Report of Receipts and Expenditures for calendar year 2002 was initially field with the Board, it failed to include all statutorily required disclosure. Pursuant to notice by the Board of the complaint, the committee amended this report to include the Insight News expenditures.
2. There is no probable cause to believe that the Committee to Elect (Keith) Ellison incurred any debt or made any expenditure to KMOJ radio.
Based on the above Findings, the Board issues the following:
ORDER
The
complaint regarding undisclosed expenditures to KMOJ is dismissed. The reporting violation in the complaint
having been resolved, the Board's investigation of this matter is
concluded. The record in this matter
and all correspondence is hereby entered in public record in accordance with
Minn. Stat. 10A.02, subd. 11.
Board
staff shall provide copies of these Findings to Representative Ellison and Mr.
Reed.
Dated: _________________________________________
Clyde
Miller, Chair
Campaign
Finance and Public Disclosure Board