STATE
OF MINNESOTA
CAMPAIGN
FINANCE AND PUBLIC DISCLOSURE BOARD
FINDINGS
IN THE MATTER OF A COMPLAINT REGARDING
THE
BOIS FORTE POLITICAL EDUCATION FUND
Procedural
Background
On
March 14, 2001, David Hoch (“Complainant”) filed a complaint with the Campaign
Finance and Public Disclosure Board (“Board”) alleging that the Bois Forte
Political Education Fund (“Fund”), failed to register a political fund within 14
days after making contributions to principal campaign committees, as required under Minn.
Stat. 10A.14.
The
complaint is based on the Fund’s Report of Receipts and Expenditures covering January
1, through December 31, 2000, and its Registration and Statement of Organization. The Complainant states that the Fund made eight
contributions to principal campaign committees on October 25, 2000, but did not register
with the Board until December 13, 2000.
By
letter dated March 15, 2001, staff notified the Fund of the complaint and afforded them an
opportunity to respond.
Gordon
Adams, treasurer for the Fund, replied by letter dated March 23, 2001. Mr. Adams states that the Fund was created in
early October, 2000, and first received a contribution on October 13, 2000. He further states that the Fund began establishing
a bank account, applying for a taxpayer identification number and preparing the
registration form within several days of receiving the contribution. Mr. Adams states that it was the intent of the
Fund to register timely, but inadvertently did not.
The
Board considered this matter in executive session on April 17, 2001.
Based
on the record before it, the Board issues the following:
STATEMENT
OF THE EVIDENCE
1. The Bois
Forte Political Education Fund is a political fund, which registered with the Campaign
Finance and Public Disclosure Board on December 13, 2000.
2. On its
Report of Receipts and Expenditures covering January 1, through December 31, 2000, the
Fund disclosed contributions totaling $7,500 received on October 13, 2000. It also disclosed that on October 25, 2000, the
Fund made contributions to eight principal campaign committees totaling $1,914.
3. Minn.
Stat. 10A.14, subd. 1, states in part that the treasurer of a political fund must
register a statement of organization with the Board no later than 14 days after the fund
has made a contribution, received contributions, or made expenditures in excess of $100.
4. Minn.
Stat. 10A.14, subd. 4, requires the Board to notify by certified mail or personal
service any individual who fails to file a statement of organization required by Minn.
Stat. 10A.14 within the required time. It
further provides that a late filing fee of $5 per day (maximum of $100), may be imposed
beginning on the eighth day after the individual responsible for filing the statement
receives notice from the Board.
5. The Fund
filed its Registration and Statement of Organization with the Board on December 13, 2000,
more than 14 days after it received contributions and made expenditures and contributions
in excess of $100. However, the registration
was filed prior to the Board sending the written notice. Therefore,
no late filing fee may be imposed under the statute.
Based
on the above Statement of the Evidence, the Board makes the following:
FINDINGS CONCERNING PROBABLE CAUSE
1. There is probable cause to believe that there was a violation of Minnesota Statutes 10A by the Bois Forte Political Fund.
2. Because the Bois Forte Political Fund filed its Statement of Organization before being notified of the violation, no late filing fee may be imposed and no further action will be taken.
Based
on the above Findings Concerning Probable Cause, the Board issues the following:
ORDER
The
complaint regarding the Bois Forte Political Education Fund is dismissed and the record in
this matter is entered into the public record in accordance with Minn. Stat. 10A.02,
subd. 11.
Dated: April 17, 2001
Will
Fluegel, chair
Campaign
Finance and Public Disclosure Board