STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC
DISCLOSURE BOARD
FINDINGS IN THE MATTER OF THE
ACCEPTANCE OF
A CONTRIBUTION DURING THE REGULAR
2002 LEGISLATIVE SESSION
BY THE (ANTHONY) CORNISH FOR STATE REPRESENTATIVE COMMITTEE
PROCEDURAL BACKGROUND
Campaign Finance and
Public Disclosure Board ("Board") Staff review of the Report of Receipts and
Expenditures for 2002 filed by the (Anthony) Cornish for State Representative
Committee reported acceptance of a contribution from a political fund during the
regular 2002 legislative session.
On March 17, 2003,
Board staff sent written notice to the committee of a potential violation of
Minn. Stat. 10A.273 which prohibits a candidate from accepting contributions
from registered political funds during a regular legislative session.
On March 28, 2003,
Representative Cornish responded and indicated that the committee accepted a
$500 contribution from the Minnesota Police and Peace Officers Association
Legislative Fund (#30288) on April 28, 2002.
Representative Cornish stated "My treasurer and I did not realize that
this law meant that "candidates" that were not elected could not receive PAC
donations while in session."
On April 14, 2003,
Anna Cornish, treasurer, provided a copy of a check returning $500 to the
Minnesota Police and Peace Officers Association.
This matter was
considered by the Campaign Finance and Public Disclosure Board ("Board") in
executive session on April 24, 2003.
Based on the record before it, the Board issues the
following:
STATEMENT OF THE EVIDENCE
1. The
(Anthony) Cornish for State Representative Committee reported accepting a
contribution on April 28, 2002, of $500 from a political fund registered with
the Board. The regular 2002 legislative
Session was held from January 29 to May 20, 2002.
2. Board
records show that this is the first calendar year in which the (Anthony)
Cornish for State Representative Committee reported acceptance of contributions
from registered lobbyists, political committees, or political funds during the
regular legislative session. Board
records indicate that the (Anthony) Cornish for Representative Committee
registered with the Board on April 4, 2002.
Based on the
above Statement of the Evidence, the Board makes the following:
FINDING CONCERNING PROBABLE CAUSE
There is
probable cause to believe that the (Anthony) Cornish Volunteer Committee
violated Minn. Stat. 10A.273 by accepting a contribution from a registered
political fund during the regular session of the legislature in 2002.
Based on the above Finding Concerning Probable Cause, the
Board issues the following:
ORDER
1. In lieu of
forwarding the above public finding of probable cause to the county attorney in
Ramsey County to pursue a judgment in district court, the Board imposes a civil
fine of $500 on the (Anthony) Cornish Volunteer Committee for acceptance of a
contribution during the regular 2002 legislative session.
2. The
(Anthony) Cornish Volunteer Committee is directed to forward to the Board
payment of the civil fine, by check or money order payable to the STATE OF
MINNESOTA, within thirty days after receipt of this order.
3. If the
(Anthony) Cornish Volunteer Committee does not comply with the provisions of
this order, the Board's Executive Director shall refer this matter to the
Ramsey County Attorney for civil enforcement pursuant to Minn. Stat. 10A.273.
4. The Board
investigation of this matter is entered into the public record in accordance
with Minn. Stat. 10A.02, subd. 11, and upon payment by the (Anthony) Cornish
Volunteer Committee of the civil fine imposed herein, the matter is concluded.
Dated: April 24,
2003 __________________________________
Clyde Miller, Chair
Campaign Finance and Public
Disclosure Board