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