STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC
DISCLOSURE BOARD
FINDINGS IN THE MATTER OF A
COMPLAINT REGARDING REPRESENTATIVE
KNOBLACH AND THE HOUSE REPUBLICAN CAMPAIGN COMMITTEE
Procedural Background
On July 17, 2002,
Todd Malcolm ("Complainant"), filed a complaint with the Campaign Finance and
Public Disclosure Board ("Board") alleging that Representative Jim Knoblach and
the House Republican Campaign Committee
("Respondents") violated certain provisions of Minnesota Statutes,
Chapter 10A.
The Complainant
alleged that radio campaign advertisements paid for by the House Republican
Campaign Committee and identified as independent expenditures were coordinated
with Representative Knoblach in violation of Minn. Stat. 10A.17 subds. 4 and
5.
The evidence
submitted with the complaint consisted of a copy of an article from the St.
Cloud Times dated June 21, 2002. Upon
request of the Board, the Complainant provided a transcript of the radio
advertisement referenced in the complaint.
By letters dated July
23, 2002, and August 14, 2002, Representative Knoblach and Speaker Steven
Sviggum were notified of the allegations and afforded an opportunity to
respond.
Representative Knoblach responded on August 20, 2002, and
stated that the radio advertisements referenced in the complaint were made
without his participation, cooperation or authorization. Representative Knoblach stated that he did
telephone the House Republican Campaign Committee to request that the House Republican
Campaign Committee cancel one particular radio advertisement, but did not
communicate with the House Republican Campaign Committee about any other
advertisement.
Speaker Sviggum responded on August 22, 2002, and stated
that House Republican Campaign Committee's decision to run the advertisements
was made "absolutely separate and independent from Representative
Knoblach."
The matter was
considered by the Board in executive sessions on July 24, 2002, and August 28,
2002. Neither of the parties presented
testimony. The matter was considered based on the compliant, documents provided
by the Complainant, and the responses provided by Representative Knoblach and
Speaker Sviggum.
Based on the record before it, the Board issues the
following:
STATEMENT OF THE EVIDENCE
1. Minn. Stat.
10A.01, subd. 18, defines an independent expenditure as an expenditure made
without the express or implied consent, authorization, or cooperation of, and
not in concert with or at the request or suggestion of, any candidate or any
candidate's principal campaign committee or agent.
2. The St. Cloud
Times article dated June 21, 2002, provided
by the Complainant indicated that the Respondent requested that the House
Republican Campaign Committee cease running a particular radio
advertisement. The article stated "Knoblach said that he asked the
Republican House Caucus to stop running one ad that cites an increase in crime
in Stearns County during Kostreba's tenure as sheriff."
3. In his letter dated August 20, 2002,
Representative Knoblach stated that he did not communicate with the House
Republican Campaign Committee prior to either advertisement. Representative Knoblach stated "the ad had
been written, produced, placed and the money had been spent without my
participation, cooperation or authorization."
4. Representative
Knoblach stated that he did request the cancellation of one advertisement but
did not communicate with the House Republican Campaign Committee regarding any
other advertisement. In his letter
dated August 20, 2002, Representative Knoblach stated "I called the House
Republican Caucus and asked them to stop running an ad that was already playing
in the public domain. He further stated
"I did not ask the House Republican Campaign Caucus to cancel any of the other
ads. Those other expenditures had also
been made, the ads they bought were also running on the radio, and I expected
those ads would continue to run for whatever period of time had been
purchased."
5. In his
letter received August 22, 2002, Speaker Sviggum stated "the decision to run
ads for the benefit of Rep. Knoblach and against Mr. Kostreba in the race for
House district seat 15A was made by the House Republican Campaign Committee
absolutely separate and independent from Representative Knoblach. " Speaker Sviggum further indicated that
"neither Representative Knoblach nor any person associated with his campaign
committee had any participation in determining the content of the ads."
Based on the above Statement of the Evidence, the Board
makes the following:
FINDINGS CONCERNING PROBABLE CAUSE
There is no probable cause to believe that the House Republican Campaign Commitee or Representative Knoblach knowingly violated Minn. Stat. 10A. 17, subd. 4. Without other evidence of cooperation or participation, merely requesting that an organization stop the use of a particular advertisement after the advertisement has run is not evidence that the original expenditure was made in concert with or at the request or suggestion of a candidate.
Based on the above
Findings, the Board issues the following:
The complaint regarding Representative Knoblach and the House Republican Campaign Committee is dismissed in all respects and the record in this matter is hereby entered into the public record in accordance with Minn. Stat. 10A.02, subd. 11.
Dated: _________________________________________
Douglas
A. Kelley, Chair
Campaign
Finance and Public Disclosure Board