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