STATE OF MINNESOTA
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
FINDINGS IN THE MATTER OF A COMPLAINT REGARDING
MAH MAH WI NO MIN FUND-1
PROCEDURAL BACKGROUND
On February 5, 2003, David Hoch ("Complainant") filed a complaint with the Campaign Finance and Public Disclosure Board ("Board") alleging that Mah Mah Wi No Min Fund-1 (#30348) violated Minnesota Statutes, Chapter 10A.
The Complainant alleged that Mah Mah Wi No Min Fund-1 ("the Respondent") failed to provide sufficient information regarding expenditures on the Respondent's Report of Receipts and Expenditures for calendar year 2002. The Complainant also alleged that the Respondent failed to provide a sworn statement that disclosed that the independent expenditures were not made with the authorization or expressed or implied consent of, or in cooperation or in concert with, or at the request or suggestion of any candidate or any candidate's principal campaign committee or agent, as required by Minn. Stat. 10A.20, subd. 6a.
James Genia, treasurer, Mah Mah Wi No Min Fund-1 was notified of the complaint and afforded an opportunity to respond.
On February 19, 2003, Christian Sande responded on behalf of Mah Mah Wi No Min Fund-1. Mr. Sande filed a notarized Affidavit of Independent Expenditures and an amended Report of Receipts and Expenditures for calendar year 2002 that provided the required information regarding the independent expenditures.
The matter was considered by the Board in executive session on February 24, 2003. The Board's decision was based upon the complaint, the response, and Board records.
Based on the record before it, the Board issues the following:
1. Minn. Stat. 10A.20, subd. 3 (g), requires that a reporting entity disclose the amount, date, and purpose of each expenditure, including independent expenditures.
2. Minn. Stat. 10A.20, subd. 6a, requires that a reporting entity file a sworn statement
indicating that disclosed independent expenditures were not made with the authorization or expressed or implied consent of, or in cooperation or in concert with, or at the request or suggestion of any candidate or any candidates principal campaign committee or agent.
3. Upon notification that the Respondent's Report of Receipts and Expenditures did not provide sufficient information regarding independent expenditures, the Respondent amended the Report of Receipts and Expenditures for calendar year 2002 to provide the required information.
4. Upon notification that the Respondent's Report of Receipts and Expenditures did not provide a sworn statement as required by Minn. Stat. 10A.20, subd. 6a, the Respondent filed a notarized Affidavit of Independent Expenditures.
Based on the above Statement of the
Evidence, the Board makes the following:
There is no probable cause to believe that the reporting
violations alleged in the complaint continue to exist. The committee amended its Report of Receipts
and Expenditures for calendar year 2002 and provided an Affidavit of
Independent Expenditures within ten days of receiving the Board's inquiry
regarding the complaint.
Based on the above Findings, the Board
issues the following:
The reporting violations alleged in the complaint having been resolved, this matter is concluded.
The record in this matter and all correspondence is hereby entered into public record in accordance with Minn. Stat. 10A.02, subd. 11.
Board staff shall provide copies of these Findings to James Genia, Christian Sande, and David Hoch.
Dated: 2/24/03 _________________________________________
Clyde Miller, Chair
Campaign Finance and Public Disclosure Board