STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

FINDINGS IN THE MATTER OF A CONTRIBUTION MADE BY THE

LEO BRISBOIS FOR REPRESENTATIVE 38B VOLUNTEER COMMITTEE

TO A CANDIDATE SEEKING OFFICE IN A POLITICAL SUBDIVISION

 

PROCEDURAL BACKGROUND

 

Campaign Finance and Public Disclosure Board ("Board") staff review of the Report of Receipts and Expenditures for 2002 filed by the Leo Brisbois for Representative 38B Volunteer Committee, disclosed that on October 22, 2002, the committee made a contribution of $125 to the Neighbors for Maguire Campaign Committee, a committee for a candidate seeking office in a political subdivision.

 

On February 7, 2002, staff sent written notice to Leo Brisbois of a potential violation of Minn. Stat. 10A.27, subd. 9 (d), which prohibits a principal campaign committee from making a contribution to a candidate seeking office in a political subdivision of any state.

 

In response to the staff notice, Mr. Brisbois submitted a letter dated March 6, 2003, in which he stated that he was not aware that he could not give a contribution to a candidate for a political subdivision. Mr. Brisbois indicated that the contribution was returned on February 26, 2003, and provided a copy of a letter from the Neighbors from Maguire Committee returning the check to the Leo Brisbois for Representative 38B Volunteer Committee. Mr. Brisbois forwarded $125 to the Board on March 7, 2003, for deposit into the State Elections Campaign Fund.

 

This matter was heard by the Board in executive session on April 23, 2003.

 

STATEMENT OF THE EVIDENCE

 

1. The Leo Brisbois for Representative 38B Volunteer Committee made a $125 contribution to the Neighbors for Maguire Campaign Committee on October 22, 2002.

 

2. The Leo Brisbois for Representative 38B Volunteer Committee's contribution to the Neighbors for Maguire Campaign Committee is in violation of Minn. Stat. 10A.27, subd. 9(d).

 

3. The Leo Brisbois for Representative 38B Volunteer Committee terminated its registration with the Campaign Finance and Public Disclosure Board on December 31, 2002.

 

4. The contribution was returned to the Leo Brisbois for Representative 38B Volunteer Committee and forwarded to the Board for deposit in the State Elections Campaign Fund.

 

 


Based on the above Statement of the Evidence, the Board makes the following:

 

FINDINGS CONCERNING PROBABLE CAUSE

 

There is probable cause to believe that the Leo Brisbois for Representative 38B Volunteer Committee violated Minn. Stat. 10A.27, subd. 9(d), when it gave a $125 contribution to the Neighbors for Maguire Campaign Committee on October 22, 2002.

 

The contribution having been returned, there is no probable cause to believe a violation continues to exist.

 

Based on the above Findings, and upon Minn. Stat. Ch.10A.27, the Board issues the following:

 

ORDER

 

1. Minn. Stat. Ch. 10A provides no penalty for this violation

 

2. The Board investigation of this matter is entered into the public record in accordance with Minn. Stat. 10A.02, subd. 11.

 

 

 

 

 

 

Dated: April 24, 2003                                __________________________________

   Clyde Miller, Chair

Campaign Finance and

Public Disclosure Board