002 crabtree response

7/27/2019 002 Crabtree Response

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321 KITTSON A V E N U E P.O. BO X 5235 G R A N D F O R K S /N O R T H D A K O T A 58201 - m F i P H O N E 701^5-7^1^ #XXt7.0. l /775-2^DAVID C. THOMPSON, P.C.

ATTORNEY AT LAW ^' ' /^ '/ r

October 23.2012Jeff S. Jordan, Esq.Supervisory AttorneyCom plaints E xamination Legal Adm inistrationFederal Elect ion Cbm m ission999 E Street, NWWashington, D.C. 20463

Brad Crabtriee, Candidaite for North Dakota State PMblic ServiceCommissidher - Federal Electiori Cornmisslon Goraplaint by North DakotaRepublican PartyTreasurer Robert Harms;MUR 6663

Dear Mr. Jordan :A s documented by the enclosed Statement of Q esignation qf Counsel. I havebeen retained to represent the following entities and to present the instant response inopposit ion to the aboverreferenced Fe deral E lection Com m ission (FEC) complaintdated September 28, 2012. which was m ade by North D akota R epublican PartyTreasurer Robert Harms:

1. North D akota State Pu blic Service Commission candidate B rad Crabtree;.2. Crabtree for P ublic Service Commission; and3. Pe rry Miller, Treasurer, Crabtree for P ublic Sen/ ice Commiss ionA ll three of these entities have been named jointly in the. H am is com plaint, andno separate allegations are m ade as to any of these entities individually within the textof that complaint.Reduced to the esse ntials, Harms in his complaint:to the F E C alleges that a iradlbadvertisement which was broadcast on various North Dakota radio stations on variousdates from August 8, 2012. through September 30,2012, constituted an "electioneeringcom m unication" which "do es not qualify for the exemption availab le to state or local

candidates " See, thid FEC complaint dated Septemb&r 28, 2012, as made by N orthD akota Repu blican Treasurer R obert Harms, a copy of which being attached hereto as"Exhibit 1"/or /efe/^Dce.^^ Specifically, the Harms GOP complaint claims that the referenced SOrsecond radio spot supposedly isan "electioneering communication",, and that because Pem ocratic state Public Sen/icie Commissioncandidate Elrad Crabtree and his campaign did not file Federal Election Comm ission Form 9 [24 Hour


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A. Material facts whichwere omitted ih the Harrns GOP coniplaint

Although the four-paragraph Harms complaint incorporates by reference atranscript ofthe subject 30^second Crabtree for Public Sen/ice Commission radioadvertisement Harms declines to inform the F E C in his complaint of any of the factualcontext of the exclusively stefe North D akota Publ ic Service Com m ission campaignwithin which the C rabtree radio advertisem ent was aired.Specifically. H arms fai ls to advise the F E C of the fact that Kevin Cram er is asitting Republican incum bent {in the rritddle o fa temn) on the three-m em ber NorthDakota Publ ic S ervice Com m ission - the agency which regulates and adjudicatescases relating to essentially all pu blic utilities in the state - including e lectric power,telephon e, pipeline, grain elevator, am ong other util it ies.the. outset of the cunrent state Publ ic S ervice Comm ission campaign,D em ocratic candidate B rad Crabtree has m ade an Issue out of that which Crabtree hastermed a "culture of corruption" on the part of Republican incumbent P S CKev in Cram er and B rian K alk ~ prihcipally because of Cramer's andKalk's practicesof accepting poiiticai campaign contributions from individuals andentities which had - and continue to have - interests in "imminent or pending"administrative proceedings - including adjudicative cases - before the North DakotaPSC. See, e.g., the multiple press releases and news media stories exfendirtg fromApril 11, 2012, through October 5, 2012, which are posted on the Brad Crabtree forPublic Service Commission website - www.Grabtreeforpsc.com [the Individual pressstatement of this subject can be accessed by "clicking" on the subject heading entitled"Issues",and scrolling down to the subheading "PSC Corruption"] - copies of whichhereto and Incorporated herein as referenced as "Exhibit 2".This "culture of corruption" has been a "signature Issue" ofthe Crabtreecampaign for state PSC - and it should be emphasized that PSC Commissioner KevinCramer has always been identified by Brad Crabtree in his cunrent official capacity asCommissioner ofthe North Dakota Public Service Commission - never as a candidatefor federal office.^Notice of Disbursements/Obligations of Electioneering Communications] after having exceeded the"$10,000 aggregate disclosure threshold - that Crabtree and his campaign allegedly had violated federalelection law.^ During the course of the current state campaign for North Dakota Public Service Com mission, BradCrabtree has called specific attention to N.D.C.C. : 12.1-12-01(3), which Crabtree has asserted'was'violated by both Repubilcian PSC Commissioners Brian Kalk and KeVin Cramer. Ih making this charge,Crabtree has focused upon these two public officials' actions In accepting political campaign contributionmoney from Individuals which had interests in "imminent or pending" "administrative prbceeding(s)" beforethe PSC. This is a Class C Felony criminal statute entitled "Bribery". See, NDCC 12.1-12-0i(1) andNDCC 12:1-12-01(3), a copy of which statuta is attached hereto as "Exhibit 3" for reference. See, aliso,Crabtree for P SC press releases and media stories, copies of which are posted on the Crabtree for PSCwebsite, and are also attached hereto together as "Exhibit 2".2


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Significantiy, at notimehas Brad Crabtree or his campaign ever refen^d to KevinCramer in hiis capacity or status as a candidate for the federal office of a member of theUnited States Congress. It is clear that nowhere within the text of the transcript oftheCrabtree for Public Service Commission radio spot - end novyhere withjh the pressreleases and media stories relating to corrupt political contribution money-taklrigconduct on the parts of sittingRepubliceh PSQ Commlssibhers Kevin Cramer and BrianKalk - is thereany mention or reference by Crabtree to the fact that Cramer is runningfor Congress. Indeed,, refisrence to PSC incumbent Commissioner Brian Kalk is madealong with Cramer in virtuallyall press releases and media stories in whichCramer ismentioned. See, the materials attached hereto as "Exhibit 2". Cbn espondingiy, thetranscript of the 30-second Crabtree for: Public Service Commissioner radio spot alsomentions PSC Commissioner Brian Kalk in the lone sentence in which PSCCommissioner Kevin Cramer is mentioned.To be clear, the campaign theme and important message conveyed by BradCrabtree as a state office candidate long predated the 60- day time judicial windowreferenced in the Hamis GOP complaint

B. Brad Crabtree's North Dakota state campaign for Public ServiceCommission is Itself excluslveiv governed bv North Dakota iawIt is clear that jurisdiction ofthe Federal Election Campaign Act (FECA) regulatesfederal elections oniy, and this federai legislation does not suggest that the authority ofthe Federal ElectionCommission reaches beyond federal elections and into the realmof state elections - and It is beyond serious question that different statutory andregulatory frameworks govern campaign finance and federal and stateelections, See, 2U.S.C. 453(a). See, a/so, e.g., Em//y's List v. Federai Election Comm/ss/b/j,669 F.Supp.2d 18,44 (D,C. 2008), revelled on other grounds, 581 F.3d1 (D.C. Cir. 2009)[the Federal Electiori Campaign Act (FECA) "'regulates federal elections only,-and does not suggest that the (Federal Election) Commlssioh'si jurisdiction'reach(es) beyond federal elections and into the realm of state elections.'"] quotingfrom CommonCause v. Federal Eliection Commiission, 692 F. Supp. 1391.1395 (D.C.1987); Federal Election Commission v. Califomia Democraf/c Pa/fy, 2004 U.S. Dist.LEXIS 7269, *2 (E.D. Cal. February 13,2004) ["Different statutory and regulatoryframeworks govern campaign finance in federal and state elections."].

C. The provisions of 2 U.S.C. JS 431 (2tflfAyill1i. 11 C.F.R. S I00.2l4(bU31l. 2IJ.S.C. S 441ifflr2V and the FEC nBOulatorvexembtiori of 11 U.IS.C. Sia0.29(cU5)

Not withstanding the foundational legal principal law that the FECA regulatesfederalelections only, and that FEC jurisdiction does not reach beyond federal electionsand into the realm of state elections - It Is evident from appropriate iriterpretation and


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construction of relevant statutoryarid regulatory provisions that the actions of statePublics Service Com m ission candidate Brad Crabtree were not violative of federalelection law.Firstly. 2 U.S.C. 431(20)(A)(iii) provides in this "Definitions" statute that the term"Federal election activity" on/y "means... (ill) a public communication that refers tb acleariy identified candidate for Federal office (regardless of whether a candidate forState or local office is also mentioned or identifiedyancf that promotes or supports .acandidate for that office, or attacks or opposes a candidate for that fsderal office(regardless of whether the communication expressly advocates a vote for or against acandidate)", (emphasis added). See, a/so> the parallel FEC regulation containingessentially the same language, 11 CFR 100.24(b)(3).It is clear from readihg the transcript of the Crabtree for Public ServiceCom missibn 30rSecond radio spot, that Brad Crabtree never attacked oi- opposed KevinCramer as a federal candidate for the United States House of Represehtatives. BradCrabtree never hnehtibned the fact that Cramer was running for Congress, and neverthat Cramer was a candidate for/"ecfera/office.Nevertheless - and alternatively. In that which is perhaps the mostcompelling statuiorv Pixiiirlsiibh ih:retiu.diaiionM^th& o/olsltiibh adoptecl 'bv.thHarms G O P co m p l a in t - 2 U.S.C. 441i(f)(2) entitied "State cahdidate" provides that,"(2) Exception fbr certain commuhibations. Paragraph (1) [relatiilg tb "(a), carididate fbrstate and local office... or an agent of such a candidate or Individual"] shall not ato an individual described In such paragraph If the communication involyed is inconnection with an election fo r such State or locai otfice and nfe^^ to'suchindividaal or to anv oiher. candidate for ihe Siaite: oriocai office:h


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However, to the extent that the discussion of an additional exemption relative to 2U.S.C. 431(20)(A)(iii) is even necessary - given the fact that 2 U.S.C. 441 i (f)(2)excepts that former statute from application to a factual setting such that which exists inthe instant case, an additional exemption does apply - alternativelyand consecutively- so as to exempt the respondents from culpability as well.Following the passage of the Bipartisan Campaign Reform Act of 2002 [PuNo. 107-155,116 Stat. 81 (2002)] - the FEC promulgated an exemption to the defof "electioneering communication" exempting communications paid for by cafor state or local office where the mention of a federal candidate is "merely incidthus not being in violation of Section 301 (20)(A)(iil) of FECA. See, the discussio' "Electioneering Communications", at 67 Fed. Reg. at 65,198-99, codified at 11 C100.29(c)(5). See, also, McConnell v. Federal Election Commission, 251 F.Supp176. 592 n.128 (D.D.C. 2003), affimied In part and reversed In part, 540 U.S. 93 (2Under this explanation, under the facts attendant to the Brad Crabtree radspots at issue, any unmentioned connotation or inference, relative to Kevin Cracandidacy for federal office as a member of Congress, is. at the very most, a "mIncidental'' non-mention of a federal candidate - let alone being a "merelyincidental" mention of a federal candidate."^,

* The history of the promulgation of 11 C.F.R. 100.29(c)(5) by the FE C In Its proposed new regulationsback in 2002 included the fbllowing explanation published In the Federal Register, 67 Fed. Reg. at65,198-99as follows:11 C.F.R. 100.29(c)(5) Exemption for State and Local Candidates

The Commission proposed an exemption in the NPRM that would cover communications by Stateand local candidates and officeholders that refer to a clearly IdentifiedFederal candidate, provided thatmention of a Federal candidate ismerely Incidental to the candidacy of one ormore Individuals for Stateor local office.67 F.R. 51,136. For example, under this approach, an ad for a Stateor local candidatethat featured such candidate'sviews on education would not have been rendered an electioneeringcommunication if the ad were to indicate whether the candidate supported oropposed the President'seducation policy.

Four commenters thought the Commission's fonnulation of such an exemption was vague,subject toabuse, not supported by BCRA, and therefore beyond the Commissipn'sexemption authority.Nonetheless, these same commenters supported analtemative formulation that exemptscommunications byState or local candidates or State or local political parties that refer to clearlyidentified Federal candidates, provided the communicationsdonot promote, support, attacl< or oppose aFederal candidate, Byusing that standard., the commenters believed theexemption would also serve tohannonize the operation of Title I and subtitle A of Title II of BCRA as they apply to State and local partiesand their candidates.Title I of BCRA permits State, district, or local party committees, organizations, or their candidates

to use non-Fedieral funds for communications that clearly identify a Federal candidate, but do notpromote, support, attack, or oppose any Federal candidate. See2 U.S.C. 431(20)(A)(lli) and 11 C.F.R. 100.24(b)(3) (definingFederal electionactivity to include only thosepublic communications thatpromote, support, attackor oppose a clearly identified Federalcandidate); 2 U.S.C. 441i(b)(1) and 11C.F.R. 300.32(a)(1) (association of State office candidates or incumbents required to use Federal fundsfor Federal electionactivity);. 2 U.S.C. 441i(b)(1) and 11 C.F.R. 300.32(a)(2) (same for State, district,and local party committees); 2 U.S.C. 4411(f)(1) and 11 C.F.R. 300.71 (State and local candidates5.


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Cleariy, under the attendant factual circumstanqes of the instant case involvingBrad Crabtree, a candidate for the siate office of North Dakota Public ServiceCommissioner - who has made the corrupt - even criminal ^ political campaignmoney-taking actions ofthe Republican incumbent PSC Commissioners Brian Kelk andKevin Cram er a legitimate and com pelling "signature Issue" of his stete campaign -where Crabtree has never mentioned or described Commissioner Cranrier as acandidate for fecfera/office - there cleariy has been no surreptitious scheme of an"attack" upon or "opposition" to the federa i office candidacy of Kevin Cramer.Without serious question, the regulatory exemption 11 C.F.R. 100.29(c)(5)must be construed to exempt a legitimate. non


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highlighted the corrupt conduct of incumbent Republican PSC Commissiohers BrianKalk and Kevin Cramer.Indeed, if Kevin Cramerwere to be. defeated by Democrat Pam Gulleson in thecurrerit federal cam paign for Noriih Dakota's only seat in the United S tates House ofRepresentatives, assuredly Cramer will continue in his current mid-temn status as one ofthe three members of the North Dakota Public Service Commission.The absurd construction that the current Hamns G OP confipiaint would placeupon B rad Crabtree's exclusively state ofnce-difected statements would never surviveFirst Am endment scrutihy - and it should not be countenanced by the Federal E lectibnCommission.^The foundational position m anifested by the H arms G OP Complaint thatincumbent P SC Commissioner Kevin Cramer someihow could be permitted to effectively"muzzle" state P SC Com mission candidate Brad Crabtree asC rabtree carries but hiscampaign for state office - merely by virtue of the fact that Cramer fortuitously happensto be sirhultaneously running for the United States Cbcijgress - is an abhorrerit conceptwhich should be conclusively rejected by the F ^C in these proceedings.Indeed, the provisions of 2 U.S.C^ 441 i(f)(2) cleariy except these "certaincommunications" from the operation of 2 U.S.C. 441i(f)(1),as it references 2 U.S.C. 431(20)(A)(iii).On the basis of the foregoing recitation of facts, legal authority, and argument,, itis respectfully submitted that the Harms GOP complaint shbgid be imrnediatelydismissed.

PSON, P. C.

David 0 i Thoi|| p$i hDCT/lft**legai research and writing assistance provided by Erik Escarramdn. J .D.

^ See, generally. C itizens United v. Federal Election Commlisston, 558 U.S. 310 (2010):7


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Exhibit "1


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Exhibit "2I


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Christmann Must Disclose His Campaign Contributions And Explain Them Under North... Page1 of 3

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Christmann MustDiscloseHis CampaignContributions.And Explain Them Under North Dakota's .Bribery LawPost Dote October 0S,.20I2CommenlsO CominenlsAulhorbcadniinCategoryPruss Keleases. PSC CorruplioiiSharelOIJDASHLEY. N.D.)'lliroughoul the campaign, my opponent Randy Christmannhas failed lo grasp even obvious conflicts of interest for a PSC commissioner.I-Ic boasted this week.at a lignite coal, industry forum that he would never join mcin refusing campaign contributions from PSC-regulated interests;Christmann also continues lo serve on'boards of regulated'eniiticsandi in one case, receives significant financial compensation, while openly running for the ofTice thatregulates Ihcm. lie told the Inruo Forunvirt August that, if elected PSC commissioner,, he would resign from thte board of West River Telecom for reasons of time, bul notbeciause itwould be a major conflict of interest, West River Telecom isregulated by the PS C.This is odd behavior for a candidate who reassuringly cites 'Yollowing the law" as one of the one of the cornersuincs of his campaign. Christmann needs.to explain whether'hiscommitment to follow the law includes North Dakota's briberystatute (NDCC 12..1.-I.2-0I), which.establishes o.Class G felony for.a public oflicial. whoaccepls acontribulionfroni someone with an interest in an immcdiate-or pchdingproceeding that could be afTectied by that'ofilciars decis.ibn.Thousands of North Dakotans have begun early voting, wilh.county auditors arid the Secretary ofState rsporting record ballot 'requests,.lJnfortunately, ybters arc castingthoseballots in the Public Service. Comhfiission.race without knowing who has contributed Randy Christmanti's campaign. Under our state's lax election laws, he must onlyrepon his cnntributioris jiisi days before the general, election.By contrast, I hftve voluniarilv reHorted all my contributions in excess of $200 on mycampaign website for six months in a row. North Dakota voters cah see whether l-amhonoring my pledge not io accept any campaign contributions from interests regulated by the PSC.Commissioners Kevin Cramer and Brian Kalk have mired the PSC in federal lawsuits over tens of thousands, of dollars in campaign contributions they have taken from the-veryinterests they regulate and whose projects they approve. They arc now stiffing taxpayers with their legal bills and'putting our .state's regulatory, program for coal mining aridreclamationat risk.Given this sony state of affairs, RandyChristmann should immedieitely discl.ose.his campalgri coniributors.duringthiscarly voting period. North Dakolans deserve to knownow, before they vole, whether Christmann will continue the same corriipt practice of taking money from the veryintcrests he woiild rcgulote on'the PS CIt's time for Christmann to show voters that he understands the role and ethical responsibilities.of PSC commissioner by disclosing his campaign contribulions andexplaining those contributions in the context of North Dakota's-.bribciy law.

m

http://vvww.crabtreeforpsc.coni/christmann-must-disciose-his-campaign-contributions-an... 10/23/2012


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Industry donations toND Public Service Commission widespread | Brad Crabtree for Nor... Page 1 o

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Industry donations to N D Public Service Commission widespreadPost Date August 17.2012Comments ) Conyne itAulhorbcadiiinCateeotyrnThe-News. PSCCorruolionShorclDQBBy Marino Eccher, INFORUMPublished August 17,2012hltp.//www infortiin.coin/event/articie/id071336/BISMARCK - NextEre energy needed .approval for a \yind farm. BNI Coal wms facing penalties fQr erivirqnmental rules. The Arthur Companies needed a licctisc foragrain elevator.All .of Ihein went before Ihe North Dakota Public Service Cnmmissioh tb .slate: their ca^iAnd all ofthcmi Whcther via political action committees orcatiipaign.conlribulions fromcxwuliyes',.Have'|{iveri the commissjoneni'money.'They'rejbined by dozens ofother companies, similarly overseen by the commission, that collectivclyhavc funneled leiis of thousands of dollars tocommissioners.The conlribulions, which technically arcamalgamatedIndividual donations, not corporate coffers, are legal. Commissioners say ihe moneydoes npt affect their work orwinthe companies undue influence.But the issue of cozy ties between regulatorsand industry has become o flashpoint in this year's commission race, pitting those who say the iiystcmisn't broken against areform-minded candidate who decries it as corrupt.A review by The Forum ofknown PSCdonations tied toregulated industries shows that the practice - whatever one thinks of it - is indeed extensiveA common practiceThe candidate raising the issue, energy policy consultonl andenvironmental advocate Brad Crabtree, a Demncnii, has gone hard in particular at two ofthe commissionerson the three-person board: Kevin Crainer and Brian Kalk, who are both Republicans.Toassess his claims. The Forum compiled and reviewedall PSC campaign inancerecords from Cramer,.vvh6 was'first elected in 2004, and Kalk, who was elected in 2008.The Forum also reviewed all records of PSC campaign donations to Crabtnse, hisRcpiiblican opponent Rondy Christmann and Tony Clark, a fortner comriiissioner-whostepped down .this year to ttike a spot on the Federal Energy Regujatory Commission.Those donations records were cross-checked against companies that appeared before the commission whileihe commissioner they gave to was campaigning'or in olTice.Cramer arid Kalk together have collected at least $57,000 in PSC campaigii funds from political action committees and executives pf companies that had cases before theboard. About two-thirds of that money went to Cramer.Companies with energy interests, including coal and wind, were among-the biggest contributors. Others included telecommunications fimu, agriculture companies andpower companies.

http://www.crabtreeforpsc.com/industry-dbnations-to-nd-public-service-commission-wid... 10/23/2012


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Industry donaitidns toND Public Service Comttiissioiii widespread | Brad Crabtree forNor... Page2 iofThe commission also oversees pipelines,railipads,auctions, and weights and m.easur s 'in a variety' of capacities.Ppiiticai contributors in Nforth Dakota are'not required in disclose their cmplpyers uriliesss ihey giveiSS.OOQ. .They are not required t6.dis.cldse their identities at all Unless theygive ihore than.S200 - meaning the tally of donations tied to industry isunderstated, unless none ofthc othcr donors to either candidote had ties to regulated companies..There is no upper limit to whal contributors in state races can give.Of Ihe S104,000 Kalk has ai.sed ii PSC campaign contributions large enough lo require disclosure, about 17 come from sources he regulatesFor Cramer, who is now running for U.S. Gpngress-, thaifigure s 24 percent of about S l'69.fiO0. in PSC contributipits that...had tp' bc disclosed.Kalk alsoran or Cotigrcss this.ycar, losirig toCramer in Ihe primDiy-.- Both men.also drew contributibns in. thatrace roin a handful'of regulated so.urces..totta!inga fewthousand dollars.eacli._Kalk and Cramer were.not'al6njs.in thepraclice. Clark.-the n6w departedcommissj6ner,.'t6blc aboul.S23,000 from rcgulatixl interests' in.h'is decade .in'office,.Susan Wefald.-a'l'6-yearfo'rincr public/service commissioner, said she set a personal, limit oh.ho.w much money she would accept from:regulatedgroups'to head oiTiasinualionspf impropriety."1 didn't want questions about those," she said.She declined to say what the limit was.

a Republican,.declined tocomment on the funds faised'by curient cPmmissio'ncrs.Bruce Hagcn, a 39-year former commissionerarid a Democrat, was.inore forthcoming,"I just think it's wrong," he said. "They may still be making pcrfectly.good, soiind decisions. lt*s just not'the wisest thing to have."A pledge for reform ,Neither Kolk nor Cratricr is up' fbr re-election thLsnfall. Their ternis do not expire until 2014 and 2016, rupeiclively.Crabtree, who ia rutihihg for Ihe seat'vacated by Clark, has.likencd.their-fuiidraisirig'liiclics lo'bribery.'He has vowed (o-seek-reihrms like more-frequent and moie ihbfougHdisclosure requirements, and a rule that would require commissioiiers lo rccusc themselves from anyd(ec|sioH inyolving a compaiiy'ticd to a doiiatjon.' f if that were the law today,"he said. "Kevin Cramer and Brian K'ajk couldscarcely function as-public service commissioners.."Crabtree also has pledged not to accept campaign money from regujated interests.Last week, the state .Rcpublicon Party released a list offivenames. it claimed violated.that pledge..Crabtree said oiily oric pitiisented a potential conflict and that:hc wouldle'lum the money - S2S0Trom a Massachusetts busiiicssirian - if that turned out to be the case,Crabtree alsoran or the commission in 2010, when he lost to Cramer. In.that race, he accepted' money from all sources, and estimates he has cost himseir520,000 inpotential contributions this year by not doitig so agaiti. He said he decided to foregp thbse contributions in this election to be consistent with hisreformgoals.I.ts dinicult Ip say precisely how much money Crabtree took;from rcgiilated companies in-201.0 because he topk .$70,000- about holf of his fundraising - frorn the state:Dernocratic Pany PAC,-which itselfdraws from a wide ange-.6f sources.Me also took about $20 000 that year from other candidates' PACs..He'ha.s:not taken money :fVom the-Democratic Parfy PAC ihis year, though he'did.accept' S7;500 from.U.S. Sen. Kent Conrad's PAC.Impossible standard?Crabtree has challengedChristmann, his.opponent in the PSC race, toadhere to the same campaign, inance-standardsCrabtree Ins adopted.Christmann has not agreed to.those terms, saying they're unnecessary arid exclude ma.iiy citizens,Taken to its logicfll concliision, Christmann said, the philosophy would also bar farmers andranchers rom giving to agricultural commissioner candidates, orteachers fromgiving to gubernatorial hopefuls.."I just can't imagine wherc you would ever draw the line," hesaid. "It's a slandard that really-can't-be met."Hc rejcctcd thcnotjpn money buys itifluence. But'if itdpes, hesaijd, thcnCrabtree-who was once a:registered'lpbbyi.stfpr two clean, energy groups - is;equa|ly beholdento the environmentiil groups that back-him.-Ahout'40pcrccnt of the $l9;7p0-in campaign contributions Christmann,has'rcportiNl in this race is liedlb c'oriipanics'the' PSC tegulates.The biilk has come from the PAC ofthe North Dakota Associalion.pfTelecommunications CoopeTativi;s,Whichrcpresentii many cbiriponies that appear-Before the PSC.Christmann has also,been a.board nicriibcroFone of those companies, WestRiverTelecommunications Cooperative, since 1999. Last'year, he was paid about SI3.000 forhis hoard work, he said! He said he plans toresign ifhe wins the election - not because it would'be a major conflict ofinlercst'but because he doesn't think-he'd luve.timeto do both.The company has sought PSC approval for ils dealings on eight separate occasions this year.Along with Cramer, he also sits on the Lignile Research Council, a private-public partnership thai promotes the state's coal industry. The PSC regulates mine permittingand land reclamation;'A husincas decision'Contributions from coal interests tp .commissioners-prompted a. lawsujt this.ycar from.the Dakota Resibiircc Counciland the local chapter of .the Sierra-Qlub. vAm said themoney creatcs-a conflict of interest and asked ederalregulators: to ossuine bverisightiof the state. In a .seporate lawsuit, the Dakota Resource Council accused ihe-commission of not complying with many aspects of federal.regulatpiy law>Both lawsuits-are pending: Cramer said he expects both tobe dismissed.

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Industry donations to ND Public Service Commission widespread | Brad Craibtree for Nor... Page 3 of 4He said his campaign donors don'l ask him'for anything other than "a ikir shake." and hold no sway over his decisions."How'm any times do you know somebody that discloses bribes on the secretary of state's website?" he said.Lim iting donations from ceitain-groups, he said, amounts to "putting a cap on somebody else's ireedom."Kalk said contributions he gets-are a-reflcclion of-his values, not a payoff."If people want to give you m oney, it's because they- believe i i i 'you,"'he said', borrowing a line from-Ronald R e a p n .Robert Wood, an assocute.professor.or poji'ticai science at the-Uiiiyersity ofN orth D'akota,


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Crabtree Accuses Public Service Commissioners of Bribery | Brad Crabtree for North Da... Page1 of 3

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Crabtree Accuses Public Service Commissioners of BriberyPost Date August 13,2012CommcntsO-CoinmentsAuthorbcariminCategory In The News. PS C CorruDtioiiShardDElSPublished August 13,2012, Urand Fories HeraldB y Stacic Van Dyke, WD AZA n Ashley, North'Dakota man ronning forPu blic Service Commissioner is accusing-current comm issioners Kev in Cramer and Brian Kalk of bribery.A t a news confeTe.nce today Bra d Crabtree-accus ed both Kalk.a.nd Cramer o f ta.king.ino{e than 80 thousand dollais in political moiiey from interests they, regulate. Aftercalling the contributions 'unethical' and 'pbiiNihly illegal' in an opinion .article published liist Wednesday in the Qrand F orks tlreraldCrablrcc wa's acciis'ed in a counter-article of doing'thc same thing-during his campaign: Crabtree has denied.tKe-accusations that ariy of his donations could be considered bribery.

Thc public service commission is ighting o keep its regulatory duties of the state's coal mining industry because of the federal lawsuit claim ing Cram er and Kalk acceptedimproper campaign funds.

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http://www.crabtreeforpsc.com/crabtree-accuses-public-service-commissioners-of-bfibery/ 10/23/2012


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VIEWPOINT: End culture of corruption on PSC' | Brad Crabtree for North Dakota Piibli... Page 1 of

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VIEWPOINT: End 'cultureofcorruption on PSCPost Date August 08.2012CommeniaO ConiinciitsAulhorbcadininCatcgoryEdjlori.ils & Qpiiiidns. PS C Cornimii i i iShaiGi iPBGniui Forks HeraldB y: Brad Crabtree, Publbhed Augusl-08,2012A S H L E Y . N .D . It's wrong for Public Seryice-'cbm'missiuriers to take political mbney-frpm Ihosc-they regulate. With crieirgy.and agrjciilture bobniing in North Dakota,the Public.Service Comm ission makes-critical regulatory decisions that aiTect everyone:The stakcs.ore high , and our P SC commissioners must'be beyond reproach. Yet, since 2004.- PSCoommissioncrs Kevin Cramer and Brian Kalk have taken mote thanSSO.OCk) in pol.itical money tVom interests they rcgul.alc and whose projects'they approve.These contribulions ate clearly uriethical. They may be illegal. At best, Cramer and Kalk-have,viplated the'spirit pf North bakPta's.bribc'ry statute. Their contributions mayalso violate the letter of the Iriw and deserve to be investigated,N.D..Ccntuiy Code I2..I-I2-0I stipulates that a Class C felony bribery prosecution requires'that a public ofFiiiial receiving a-contribution merely have knowledge oFapending or imminent proceeding in which the contribuior has oii -interest, an d that the'lnterest-ofthe contributor "could be olTected" by the actions of the oillci al receivingthe contribution.Passed in 1973 by a-.Republican-controlled Legislature, the refreshingly clear laiiguagc of North'D akota'^ bribery law-te.mirids-us o fa n eariier era-when ourlegisjators hodhigher expectations of public offic ials than Ihey dn today.:Rather than exploin how their contributions do not break the law, Cramer and-Kalk cry. politics ond shoot the messenger: They dism iss two current' federal lawsuits overtheir contribulions from coal companies and executives as the political work of environmental activists opposed to coal.:Bu t this is about more, than pneindustry or energy resource. Contributions from coal companies reprewnt just the tip p f ari unethiiml iceberg of regulated nfoneyTrom a.wide angeof industries.For example, Cramer and Kalk have taken thousands o f dollars from-wind energy developer, Florida- Power & Light (now known as Next Era Energy). FPL/Next 'Era hasroutinely come before the PS C for y'eara, seeking approval of its commercial wiitd farms and'related infrastructure.In-one especially troubling case, Cramer accepted threecontribuliotis in 2010 from FPL/Ncxt Era's-po litical action comm ittee and executives totaling S4,800 at a timewhen the company had a pending .wind energy project that Cramer later voted to approve.I siipport-the continued development of both our coal'and wind energy resources using-bcst.technologies and practices^ Bu t whether-someone prefers -tbssil fuels orrenewables, or supports the development of both, misses the point: Regulators should not accept checks from interests with-a direct financial stake in-their decisions.This spring, I made a PS C Cominissioner Pledge of .Independence lo refuse any contributions from PAGs and individuals representiiig companies, cooperatives andassociations regulated l>y the PSC.

http://www.crabtreeforpsc.com/viewpoint-end-culture-of-comiption-on=-psc/ 10/23/2012


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VIEWPOINT: End -culture of corruption on PS C | Brad Crabtree for North Dakota Publi... Page2of 3UhfortunalBly, Cramer and Ka lk 's record demon stralcs'that..voluntaiy actions are not enough. A s a .PSC commissioner,1 will work-with legislators, fibm both (loliticalparties to accomplish thc follow ing:

Require PS C commissionera to recuse-themselves from cases where they have received a cont.ribution(s) from a regulated patty that has a material interesLin theoutcome. Require PS C commissionera-and candidates tb file an additional disclosure form , together with the disclosure report already required of all statewide candidate's.'thatdetails every contribution received from P A C s and individuals regulaited by the PSC. liistabiish an additional contribution reponing period beforc early voting, so the-piiblic can-evaluate the integrity-of PS C candidates:bcfore-they cast their-ballotsi

These legisla tive measutes^are urgently needed and will increase transparency and eliininate conflicts o fihterests on thePSG .-^yithout runiiing afoul 'of recent U.S'. Supreme-Court decisions!It's time to.eivl the culluic of comiption o'n the Public Service Comm ission.

Crabtree of Ashley, N.D ., is a.carididate for N orth.Dakota public service conimissione'r.

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17/37

Press Conference Remarks on ND*s Bribery Statute and Recommendations to End Confli... Page 1 df

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Press Conference Remarks on ND's Bribery Statute and Recommiehdatipiis to End. Gonflicts of Interest on the Pub.lic ServiceCommissionPost Date August 02,2012CommentsO Coniments-Authorbcadniii iCatcBorvCniri'paiiin Stiitcmenls.. PSCCoci-uhilonSharellAugust 2,20.10Bismarck ND

Good morning. Thank you fpr joining m e.It's wrong for Public Service Comm issionera lo take political m oney from those they regulate.. At ii'ti.me-when'North. Dakota is'in the rnidst ofan unprecedented, oil boomand oiir agricultuisl economy'is growinjg rapidly, the Public SeryiccCpmriiission riiakei critical.regulalbiy decisions'lha't:iiOecta)l.Noit.h'Dakotans.Th e slakes have never-been-higher, and bur PS C Commissioners and ihe egulatoryprocess they-oversee muist-'be beyond teproacH. I've called this prcs's-corifbrcnccbecause additional steps need lo be taken to address blatant-Hnancial conflicts o f interest.on-the Piib jicSe rvice Commission.Earlier in the campaign, I announced my P ublic Service Comm issioner Pledge of Independence, refusing tip soljcitpr.acce p't any co.ntribuiions from the politicol actioncommittees of companies, cooperatives arid their associations regulated by tlw PSC. as we.ll as ofllceR Ai d .executiycii P f those iristit'utions, I thien called on regulatedcompanies across a wide angeof industries to follow the lead of our statc'-s inves'tbr-owned utilitiesand voluntarily stop rnaking poiilica l contributions to. PS Ccomm issionera and candidates.Howev er, the ecordof PS C Comm issioners Kev in Cramer and Brian Kalk demonstrates that vpluiita.ry steps are not enough. Since 2004'C.ramer and. Kalk have taken at'least S84,000 in political riion ey frpni those they directly regu late on the PSC; They accepted ttiis iripney firat for their PS C campaign accounts arid iKen, startirig in .20 l"l,they began using.lheir elected egulatorypositions as a-platform to aiseover $2Si000 from companies and executives orheir partisan campaigns orhe U.S. Congress;Nol-.only arc-these contributions-improper and unethical, ihey may well'be illega l, and even crim inal. Cramer ond Ka lk's practice of accepting campaign money from PSC-reg uia teid i.nterests.-has. already emb roiled them in itideral liiws uits pve r.contributiqns.they haye taken from. the'Texas'owner p f .a company with an'.npen coal mining .perm itapplicatiPn befbre th'e.Public Sc:rvice Cbtrimi^ssibn, and for boritribijlions -from other coal-company 'political action committees and.executive's:But, this- is about much more, than federal civil lawsuits by environmental groiips.- I would -like-to direct your-altcntionito North Da kob's 'bribc iy statutis-passcd by the-Legislature in 1973.Let mc ead or you the elevantstatutory language:Section 12.1-12-01 ofthe North Dakota Century Code. It is simply entitled "Brib ery."

I. "A person isguilty of bribery, a class C felony, if he kn ow in gly .. . solid'ts.-accepls. or iigre.es'to .accept from a'nother',.'athing-or value as consideration for1. The recipient's oHlcial action as a public servant; or2. The recipient's violation ofa known legal duly asa public servant:"Here's where the law gets interesting:

http://www.crabtreeforpsc.com/press-conference-remarks-on-ndS'-bribery-statute-and-rec... 10/23/2012


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Press Conference Remarks on ND*s Bribery Statute and Recommendations to End Confli... Page 2 of 43. "A prima facie case is established under this section upon proofthat the actor knew that a thing of pecuriioiy value,was.... solicited,accepted, or agreed to beaccepted ittm,a person havlng.an Inleresi in an imminent orpending: a; examination, -investigation, arrest, orjudicjal or administrative proceeding.... and thatinterest could be affected by therecipient'spcrtbrmance.or nonpeifprmahce of his'offiiiial aclipri or violation-o.fhis known.legal duty as a;piiblic servant.It's always efreshingwhen legislators use plain language, and bur North Dakota legislatora back in 1973 clearlyhad'highcr'expectations of th'eir'public officials than is thenorm today in our stale,Now, let mc share just one example where this statute might apply. Since Commissioners Cramer and Kolk have sought to dismiss the current federal lawsuits-as merelythe political work of environmental activists opposed to the,devplppment of.coal-based .eriergy,.! willuse the example of wind.ener .Fpr the ecord..I.support the (dbhtinucd deyeloptnent and usi; of'coal with best piractices and newtechnologies,-ari'd l.am.also aibrig-standing suppprterprwind energy. Thatsaid. I do not believe that oiir Public Service Cbmmissionera-should accept political contributions frotri wind-energy developcn .whose wind fkrms the PSC must site andapprove. That stacks the deck-against landowners and localresidentswho depend pn.:the PSC torepresent .them in-cases where winddevelopers engage in abusiyepractices.Let's look at the particular case of our stateis largest wind energy developer, Florida Power-&. bight, now known, as Next Era'Energy. As you can see from this chart, thereis a clear and troubling pattern. Commissionera Cromer and Kalk hove outinely-accepted campaign .contributions-from FPL/Next Era Energy.s political action committeesandlexecutivcs-despile having ongoing cases before the PSC. Ultimately, the Commissionera then mode:wind farm siting decisions 'fovoratile to F PL/hlext Energy. Inone instance, Kevin Cramer even accepted $4,800 in FPL contributions at a time when the company had an open cose before the-PSC foropproval.It is worth noting that the North Dakota criminal statute states that a felony bribery prosecution merely requires thcAnoWw^of a pending or imminent proceeding inwhich the contributor has on interest and the knowledgeeitherthe contributor, or the public official receiving the contributionthatihe decision of the ofRcialreceiving the contribution andd be-afliEcted by it.Let me be clear, I -amnotan attomey, nor am I a-prosecutor .or a judge. I leave it to legal,professionals tP.investigate and deterrriine whether actual briberyhas occurredunder North Dakota la\y.However, here's what l am saying: a plainreadingof the-Noith-Dakota statute makes,clcar that PSC Commissioners Kevin-Cramer ond Brian-.Kalk hove.violated the spiritof state low by toking extensive political contributions fiom those theyregulotc;And'the contributions from FPL/Next Era politieai aclion'committees and executives ore-just one example that should be investigated:Regulatorsoperate in arealmwhere even the perception of conflict of interest motlera greolly. Iliid CbirimissionenKevin-Cramerdnd BrionKolk exeroised commo.nsense,ethicaljudgment in the firal place, they would not hove banned the eputation ofthe'Public-Service Comriiisiiibn arid subjected themselves'l'o serious questions abuul tMeir -compliance with stale and federal law.It's now long past time to end this embarrassing spectacle on the PSC. Since PSC Coinmissionera Kevin Cromer and Brian.ICalkare unable tpregulate hemselves, I ammaking recommendations for legislation that will helprebuild he eputation br nonpartisan service and integrity that the Public Service Commission once enjt ed underCommissionera of both political parties, such as former PSC Commissioners Susan Wefald and Bruce Hagen.Lcgblativc Recommendations to'End Financial Conflicts ofInterest on the PS CAs an elected PSC Commissioner, I will work with legislatora from both political ponies to craft legislation to end pervasive finoncial conflicts of iiiterest on the PSC andtorestore he public interest. That, legislation will include the following:Require PS C CbMunfenonerf aiul amdidatestoile an actional ands^arate eam^dgn.dbclasurefdrmwith theNorthDakota Secretary ofState that details everycontribution rec^vedfiom PACs andIndividuals.under-ihe regulatory JuHsdtctlon-o/the K C , regardless the level ef contrlhudons. The equirementshould'encompass regulated companies, cooperatives and'their asspciat'ions-and the princ'ifnls. ofnccra-and executive's of those.institution .- .Reqiiiriiig full, and separate-disclosureo fall egulated contributions, in addition to llie general disciosurereportalready required, will-not run afdiilof-roccht United States Siiiircmc Court decisions, and it.w.iHprovide votera and the media an easy way to evaluate the integrity arid independence of commissionera and candidates for the PSC. The disciosure requirement will also-have the useful elTeet of encouraging, commissioners and candidates lo thinkmoiie ciarefuily about the ethical and political implications ofthe contributiohs.ihey.sblicit.Require PS C coHuutsslonerstorecuse themselvesfrom any case In which they haverecelved a eoHtrlbutlon(s)from a regutotedparty that hasa material-Merest Intheoutcome of heproceeding. While Supreme Court decisions on campaign lnanceprevent estrictingPSC commissionera and candidates from accepting campaigncontributions from a egulatedparty in advance of a potential conflict, this would protect the public by n.eces.sitaiing a commissioner's recusal in those cases where acontribution has been niade and a conflict df interest arises.Establish an additional rqmrtlrig periodfo r PS C commlsstoHersandcandidates ln.advance.


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Crabtree Declares that PSC Commissioners Cramer and Kalkhave Violated the Spirit ofPage 1 of

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Crabtree Declares that PSC Conunissioners Cranier and KalkhaveViolated the Spirit of ND'sBribery StatutePost Date A ugust.02.2012CommentsO CoinmcntsAulhorbcadminCateBorvpress Releases. PS C CoffupiionShartAaOB

Crabtree Declares that P SC Comm lss ibnen Cramer and K H I I C havje'Violated tlie Spirit of N.D*s Bribery Statute and.Makes.Recommendations for EndingFinancia I C on licitiof -Interest,on the P SCAugust 2,2012' ( B I S M A R C K , N D ) - N D P iiblic-Service Com missipn carididate Brad Crabtree said today tiiat..PS'C Gpmm issioncts Kevin Cramer and Br ian Ka.lk'''s taking over SSOiOOO inpolitic'al money front companies and executives they regulate.on thie PSC'viblotcs the spirit ofNorth.Dakota's bribery stiiiute.."Nol only are these contributions improper and uncthii l, they may'well he il lcgtil , and cvv n.crim iniil," !iaid'CrBbtrc'e::''The North' Dakota bribery 'stalu'le 'slates that a felonybribery prosecution merely requires thol-o public ofTicial or contributor have knowledge of-ia.pendirig-or imm inent proceeding in wh ich thc contributor has an intcrcst'.andlhat the decision ofthe officia l receiving the contribution could.be affected by i l , " he said.Crabtree cited as an exam ple the troubling pattern of thousands'of dollara in po iilical c ontribulions from North Dak ota's largest, wind eiiergy developer Florida.Power andLight, now known as Next Era Energy. "Commissionera Cramer and Kalk have outinejy'i iccepted.campa|gncontributions from'FPL/Next Era Energy's pblitical actioncommiltees and executives for yeara, despite on going cases before the PSC,", observed Crabtree. "In one i.nstance, Cramer even accepted S4,800 in FP L coniributions at atime when the company had an open case before the PSC'for approval."The Public Servioe Commission eviewsand approves the siting and construction o f com mercial w ind fanris and.as'socia'tcd infrastructure.Noting lhat.Cramer and.Kalk.alreBdy A nd ihemse lvin embroiled in two federal lawsuits over contrib'utitins-they accepted froiri .regulated .coal cbifipanies.and theirexecuti'ves,.'Crabtree emphasizedthat egulatora operate in a realm where even the perception of conflict of interest, niattcra greatly. "H ad Comm issionera Kevi n Cram erand Brion.Kajk exercised commonscnse, ethical judgment'in the tiral place, they w ould .not have, harmed the eputotionofthe Pu blic Scrv.ice Comm ission and.subjectedihemsclvcs-.to scnb iis questions oBout.their cpm plioiice'with stole arid federal law/ ' he said..Stotirig thot voluntary measures oris not-enough to end blatant lnoricidl-contlicts bf ih'lercst.on the PSC, Crabtree committed lo work as on-elected PS C Commissioner withlegislatora from both political parties to craft reform legislation with three key components:

Require that. PS C commissionera and candidates file a seporate campaign disclosure form with thc-.ND Secretary ofSta te detailing every contribution eceived rompoiilic al actipn.committees and individiiols und.er the egiilatoryurisdiction of Ihc PSQ, regardlie.ss.of'the le vel o f those .contribution s; Require that PS C Commissionera ecuse hemselves from any cose in which they hove received o contribution(s)-from o egulatedparty that has o moteriol interest inthe outcome o f the proceeding; snd Estoblish on additional reporting period for PS C Commissioners'ond candidates to disclose.lheir contributions-iri odvonce o f early voting that occurs 40 days beforethe general election in.November, so votera have lhat information before they begin casting their ballots.

http://www.crabtreeforpsc.coih/crabtree-declares-that-psc-commii5sioners-cramer-and-kal... 10/23/2012


20/37

Democrat PSC candidate claims bribery law floated | Brad Crabtree forNorth Dakota Pub... Page 1 of

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Democrat PS C candidate claims bribe ry law floutedPost Date August 02,2012CommenlsOGommentiiAulhorbcadminCategory In Tlie'.New.s. PSC CorrunlioiiSharelUQnBISMARCK,.N.D. Two Republican public service commissionera are-'flouting the spirit" of North Dokoto's onli-bribcty law by accepting campaign coritributions fromindustries theyregulate,o'Democratic candidote for the board.cioims:

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The PS C s K evin Cramer doesn't see corruption | Brad Crabtree for North Dakota Public... Page 1 of 3

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T he P S C s K e v i n Cramer doesn't se e corruptionPost Date July 27,2012- CommentsO Cuinm ciitsAuthorbcadminCategoryl:diturial.i & Oi iinioi is. PS C C O I T U I M I O HS h a r e l B l aThe Fargo-ForumBy: Barry, Nelson, Fargo, Published July 27; 2012

Is-it any wonder that'iKopIc arc disillu'sioned'wjth our political jprppess here iri the-U.S.? Whcn,soin.epne .whbils el'ectcd:tb our- egulsfiDtyage'ncy,- he Public ServiceCotnmiss ion. boosts of the donati6ri's':h(i. receives frorii-ori industry He is elected to watch,;doa'it-'-inst'ill irust? Is thereianyori y P SC decisions. .How would you feel ifyou-went hiefore.ajiidgc, only to see-that theother sjde hod ust givcn'him a stack of cash? VVould you trust that judge-tobe impartial? Of courae not. It's-'time lo eform he PS C to wprk fpr North-.Dakotons,.'.not.oui-of-$tBte.special interests,Brod C roblrce has made clear from day one lhat neither he. nor the office of the PS C will be for sale when he is elected in November. Crabtree has-already pledged'fo notlake money from companies and executives with business before the PSC. That soys a lot about the kind of e thical leader he will be for our state.We need to cleon up corruptionon the RSC. Crablree:can help turnoround this-political process thot'feeds our disillusionment.-Crabtree. will have rny-vote in November.

This'post'WBS writtbri by hcndmiiiCommcnti lire ciMcd.

htlp.://www.Grabtreeforpsc.com/the-pscs-kevin-cramer-doesnt-see-corruption/ 10/23/2012


22/37

ND Public Service Commission candidate Crabtreeavoiding ponflict of interest donations:... Page 1 of1

N E W S H DPub l lst ied May 02 .2 012 . 06 43 PMND PublicService Commission candidateCrabtreeavoiding conflict ofinterest donationsFargo , NO. ( W D A Y T V ] - Public Servico Com mission candidato Brad Crabtree.is pledging nol lo-solici l or accept any co'ntribulionB from, companias regulated by IheNorth Dakota PSC-B y: W D A Y Sta f f Reports. W D A Y

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Public Service Com mission caitdkJate B rad Crabtree Is pledging not to solidtior acpeptany contributions from companies.regulated by'the North DakotaPSC. Crabtree says accepting contributions ftom ariy IndlvKiual, company, or indusby creates several conflicts of Interest- C.rabbee hopes his opponents will,fbllow his directlpn, as.well as more jcpmpanles.Brad Crabtree - (D) PS C Candidate: "Our commlsstoners however, have crossed the line, and they have lowered the bar so far that steps need to bis takento restore the reputation of our public service comm lsskMi. i have taken this voluntary step:'Crabtree has agreed to keep a kig of all his contributions on his website. He will be posting these contributions orwe a month.Tags:brad crabtree, nortti dakola, news, poli t ics, updates

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23/37

Voluntary Code of Conduct for Regulated Companies: No Political Contributions to PSC ... Page1 of 3

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Voluntary Code of Conduct for Regulated Companies: No Pol it ical Contributions to P S C Cpmniissibners and CandidatesPost Date May 02,2012CommentsO CommenlsAuthorhcadminCategotyCampaiun Staiemenis. PSC CornipiionSharelDOD

Regulated companies, cooperatives and their associations should follow the example ofNorth Dokota-s investor


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Voluntary Code of Conduct for Regulated Companies: No Political Contributions to PSCPage 2 of 3Th e right of individuals representing-componies, cooperatives, labor unions and.olhcr organizations tb engage in the political process and.financiiiUy support candidates oftheir choice repiesetits a cornerstone of our democracy, ilowever, Ihe scope find scale of recent tmntributions tpconnmissioners, whether legal or not, have siained-the.reputation ofthe PS C and undermiticd public oonfideticc in the integrity of its decisions.Mounting public.concem aiid potetitial legal action against com miss ibners over-politica l money corru pting the regulatory'process^creele'-serious rcpulotib'nal risk^forhonorable companies and individuals. Conflicts of interest also have the potential to create legal aiiil poiiiical undertainty at-:a tirne'when indiisliy niust 'have confidence inregulatory dec isions to make m ajorlong-:term investments in projects and iiifFsstnjctu're.-Ad^)tibn pf'a yolunta.iy c ode o f cpnduct by-regulated companics'.there.fore serwesthe infeiesls'of Gompaniesand thepublicolike .A n energy bobm-and-expanding ag ricultural economy have increased the scale.of the PSG's responsibilities, as wel l as the cotisequences-of.its decisions. The primaiy roleof Commissioners is no longer limited to regulating electricity and rioitural gas-rates pf utilities.. Billiotis.wprth of eiiergy and ihfrastiuctute prpjecls now com'e'lEnil i i ig P SC Culture of Corruption'.and Ptedge' Ib.Refuse C ontributions from Regulated Interests

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L a t e s t N e w s Crabtree calls for investiifntion into Brighter Future Committee CfnblrM:nddre5Stf.s-lnini|Kd-.iinl'l'a'C'C0Mitiiaiiil..cn'llj^^^ iiilo-"Briuhlu'r't'uliirt:.G'uniH iittei: Ciittilree.Respon ds To NP-COP Letter Fife'd'With F E C .Clinsti'iiniiii Vlii!if.pisclii!ic t IU!:t?niiiiKi'itin CoiilriKi>tions/Am i-K\pliir''nieni.tjMdty.Nqri^ Law 'i;iatc'mBiii-


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Crabtree Calls on PSC Regulated Entities to End Campaign Contributions | Brad Crabtree... Page 1 of

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Crabtree Calls.on PSC Regulated Entities to.End Campaign Contributions.Post Date:May 02. 2012CommentsOGomnienlsAuthorbcadminCategeryPress Releases. PSC CorruptionSharelEUJDiMay 2,2012FAKGO - Public Service C immission candidate Brad Crabtree is calling on cotnpanies, cooperaHves and associations regulated by the Public Service Commission (PSC)to voluntarily stop making political contributions to PSC commissioners and candidates.Crabtree says that.North Diikota's investor-owned electric and natural gas utilities have long recognized the conflict of interest, .and they refrain from.making politicalcontributions lo Public Service Commissioners or candidates for the ofTice."The reality, is that a conflict of interest exists when a state regulatorsolicits and accepts politicalcontributions from those he or she is supposed to regulate," said Crabtree,who made his own' campaign pledge of independence from campaign contributions from.'PSC. regujated entities in. April.Unlike legislators, Public Service Commissioners are requiredito make'decisions based on thc lawand.eviijenoe.'"PSC decisions detennine specific rates charged lo consumers and businesses, whether and hpw- particulor facih'tics-and.projecfscan be built, and how certain cbthmerc'ialactivities are undertaken,"Crabtree said, noting that even the perception of a conflict of intierest matters.Crabtree says that mounting public concem and potential-lisgal action against commissioners over politicaLmoney corrupting ihc regulatory process create seriousreputational risk for honorable companies and individuals. Groups have threatened .federal legal actjon relating-tocontributioris received by PSCComtniss.ioners KeviriCramer and Brian Kalk from a principal owner of a company seeking PSC approval of a coal mine permit'.Ho.wever, a preliminaryacebunting of contributions since 2008 reveals that the two commissioners' conflicts of iiiterest iextcnd.well b^ond'anyone individual,company orindustry. Political action committees, senior executives, officers and principals representing regulated eom|nies and cooperatives havcmade $62,000'in-eontribution5 toCramer and Kalk. Ihese include coal companies; wind energy developers; ojl andffacbmpanics with pipeline'interests; telecomhiunications-proviclers; ailroads;andgeneration/transmission'and rural electric cooperatives.Crabtree says that a vol'iiritary-decision by regulated entities lo refraiii-fiom making political contributions to PSC commissioners and candidatcs-.woiild be a 'good firststep*, but the state legislature-should also make changes lo the state's'campaign inance aws,"Our legislature'now needs toupdate the rules tor political contributions to regultttora lo protect the public interest as we grow North'Dokola'senergy and agriculturaleconomy,"Crabtree concluded.

Media (Utniacf:li'rad Crahtreei.nihin'L'fdklrli'l.wi(701) 830-0302 imthile

http://www.crabtreeforpsc.com/crabtree-calls-on-psc-regulated-entities-to-end-campaign-... 10/23/2012


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Candidate for ND Public Service Commission tells utility compames to not givedonation... Page 1 of

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Candidate for N D Public Service Commission tells utility companies-tp'not.give dpnati'onto P S C canip^gnIost Date May 02.2012CommentsO CommentsAulhorbcadminCategoryin The News. PSC CorruptionShardHQHGrand'Forks HeruUIty: Assocmletl Preisx, P'ublished May.02, 2012.1'ARGO Thb Democratic candidate for North Dakota's PublicService Commission says businesses that thecommission regulates shouldn't give-.money to.this year'sPSC campaign.Brad Crabtree says he's already promised not to take money from companies that the cbmmission riegulates. Tiiey include electric and gas utilities, coal and wind powercompanies, pipelines and auctioneers.On Wednesday Crabtree said he was asking companies nol to contribute to commissionracesat all. That would close ofl"campaign money for Republican PSC candidateRandy Christmann.Crabtree says it's a conflici of interest for cotnpanies dial are regulated by the PS C to tnake political donations tq commission candidate.He says: the po.litical action committees of Otter Tail Power C.(>, Mohtatta-Dakota ytilitlesiCo. and Xcel Energy Already refuse to donate to stateregulatory campaigns.

This, post was written by bcadminCommenii orr cloicd.PSC CORRUPTION

Eti'dihgrPSCCulture of Corruption and Pledge to Refuse Contributions'lirom.Regulated IhteresisI Search I

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ND Public Service Commission candidate Crajbtre avoiding ponflict of interest donations... Page I of 1

NEWS H DPublished May 02,2012>, 06:42 PMND PublicServiceCommissioncandidateCrabtree avoidingconflict of interest donationsFargo, ND (V\/DAY TV) - P ublic Servica Comm ission candidate B rad Crabtree ts-'pledging not to solicit or accept any cpnlnbu.tions:froii!:coni|nieseoulated'by' he North Dakola'RSC;By WDAY Staff Reports. WDAY

Public Sarvtae Comm ission candidate Brad Crabtree Is pledging not to solicit or accept ariy contributloris fronn liompanies regulated.by the-North DakotaPSC. Crabtree says accepting contributtons from any Individual, company, or Industry creates several .conflicts of ihtereat Crabtree tiopes hls opponerita willfbllow his direction, as well as more cornpanles.Brad Crabtree - P ) PS C Candidate: 'O ur commissioners.howiver, have crossed, the llne,.8nd they! have lowered the bar so far that steps need .to be t kento restorB the reputation of our publle service oom misston, i have taken thls voiuntaty step.'Crabtree has agreed to k^ep a og of all his contributions on his website. He will be posting,these contributtons ones a month.Tage:brad crabtree, north dokota, news.polilics, updates

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Crabtree Calls for Campaign Contribution 'Pledge ofIndependence* | Brad Crabtree for... Page 1 of

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Crabtree Calls fbr Campaign-Contribution 'Pledgeof Independence'Post Date A pril 11,2012CommentsO' CommentsAulhorhctdininCatenoryPrcss-Releases.PS C CorrupliuiiShardDCfflB I S M A R C K - Pu blic Service Gom mission candidate-Brad Crabtree is asking his opponent to join him m pommitti.ngtoe "Pub ljc S iirvjcc Gom.missioiier P ledgc'ofIndependence" - declining to rcttive campaign contributions from political action comm ittees (PACs); executives and.priricipals a fliliated with companies andcooperatives regulated by the P ublic Service Commission-(PSC)."I am formally committingmyself to a 'Publ ic Service Commissioner Pledge of Independence' to avoid'co nflicts of interest and to restore public confidence snd integrityin the Public Service Commission - and I call on m y opponent to do the same," Crabtree said at a press conference today.Campaign disclosure reports from the past few years reveal that PS C comm issioners have received tens of thousands o f dollara from PACs, executives and principals ofwind energy developers, coal companies, oil and. gas companies with pipeline interests, telecommunications providers, ailroads,and generation and transmission ond ruralelectric cooperatives, all of which come-under PS C jurisdiction.Insome cases, comm issionera have eceived arge contributions from parties with open cases before the Com mission and-who have a direct stake in the outcome of thosecases."Com.monsense suggests that elected regulators should refuse political coniributioiis' from industries-they regulate. Yii t, North D akota Public Service Comm issibnersroutinely take monqr from-thevery interests'they- arc supposed to regulate on beha lfof our citizens ," Ciabt'ree said'.-In addition to de clining contributions from regulated company and cooperative PACs, the Pledge also calls forrefusing contribulions from associations whose memberscome under the P S C s regulatory jurisdic tion, and frpm principals, officers and senior executives bf those rc'giilated companies, cooperatives and associations.Crabtree ploris to post contributions tohis campaign website on a monthly basis to ottow citizens and itiedja to evaluatc his comm itment to the Pledge. He will also abideby the pledge as an elected PS C Commissioner..Under North Dakota's existing campaign inance-laws, contributions-from regulated sectors to P ublic Service Commissioners and Pub lic Service Commission candidatesare allowed, with the public reporting deadline for those donations com ing just days before the generation election ond aQer many N orth Ddkotans have already voted byabsentee or mai -in ballots."A s regulators. PS C Comm issionera must be held to a higher standard than other elected officia ls regarding sources of cam paign contributions and limits on Ihe monetaryvalue of those contributions. The rcason is-clear: in a egul.aloiyproceeding; even the peteepiion of a confl ici of interest m altcra," Crabtree concluded.

http://www.crabtreeforpsc.conii/crabtree-calls-for-campaign-contribution pledge-of-;indep... 10/23/2012


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PSC Candidate to Refuse Contributions with Ties to Regulations - KX Net - B ismarck/Mi... Page1 of 3

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P S C Cand ida te to R e f u se Ciohtribtitions with T ies to Regu la t ionsI Recommend Oe the first of your firlemfs to rooommeiid tN s.PMlMt Apr 11. 2012 f f; f9 COT

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! Bismarck, ND A Public S ervice candidate-says getting campaigncontributtons from companies or owners resgulated by the state agericyIs unacceptable.Democrat Brad Crabtree says he will reject carnpaign donations frompolitical action comm ittees of companies and cooperatives regulatedby the PSC.He says he also wont accept contributions from officers.or executivesof regulated cornpanles.Crabtree has signed a pledge and says he will post his contributionsmonthlyon his campaign website.

. H e says the state, laws regarding campaign cohtributionstor regulatorsshould be tightened,Crabtree.8ays, "As regulators,.PSC Commlssioners must'be held atehigher standard than other elected officials, the reason fbr this isclear, In a regulatoty proceeding, even the perception of a conflict ofInterest matters. This legal-form of corruption miist end."Republican Candidate for PSC, Randy- Christmann, says he willcontinue to fund raise like he always has.Christmann says he takes coritributions ftom people who support himand hia decisions and never (commits to'do something in return for the

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PSC candidate says he'll refuse industry money | Brad Crabtree for North Dakota Public... Page 1 o

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PSC candidateaaya he'llrefuse industry moneyPost Date A pri l 12, 2012CommentsO- C'dinmeritiAuthorbciidininCategory In The News.- PS C CorruplioiiShareHEJBIDickinson. PressBy Dale. Weizel. I'miedAfx-il 12. 2012B I S M A R C K (A P) The Dem ocratic candidate for North Dakota's Public Service Comm ission said-Wednesday he will refuse campaign donalions'from.com panies theAgency regulates, as well as executives who work 'for the businesses themselves.Brad Crabtree said accepting money from-companies and associations whoare'direclly-afEectedby the agency's.dccisio.ns urtdermines. public con fidenc ein its work."Public servicc'-'commissioners, as regulators, n ^ tp be h eld to.:a-:Higheir.stB.ndani. th an, $ay, a siate'JegislBtor or jsv^ ti state pfficial' who i.s elected,"'Crabtree said..'Mn the regulatory process. Ihc perception o f indep'ehdence. of impartiality, is'ias importantas the. reality-.'of.ri:" said Crabtree, who has been critit^l-of the incumbentRepublican lio'mm issionc'rs' practice of taking Ciiinpaigh contributions from coihpbinics th ^ regulate.He said he intends to restrict his ow n cam paign donations even .if his Republican opponent, Hazen slate Sen, Randy Christmann, docs not.Christmann said Wednesday he would not go along withCrabtree's proposaL S upporters' money has not influenced his decisions in the Legislature, and if-would not on-thePublic Service Commission, he said.Crabtree's proposal would still allow him to take contribulions he would nbt otherwise accept if they are first-given to the North.Da kota D emocratic Party or another non-industiy group sympathetic to.him, Christmanri said.The restrictions, Christmann said, would bar him from accepting cam paign support from "hard-working North Dakotans who believe, as I do, thai-we need to keep oureconomy m oving,.and leave a strong economy for the next generation as wel l ."The Public Service Commission has throe Republican members Chairman Tony Clark and Commissioners Kevin Cramer and Brian Kalk.Cnibtree and Christmann are running to succeed Clarfc, who is.not sccking re-eliwiioiii C ramer and Kalk are competing ibr the Republican noiniiuiti.on to run for the U .S.House this fall.Th e PS C regulati-electric and natural gas utility rates, makes siting decisions for pipelineSi coal mines, power plants and wind farms, licenses grain elevatots-.ahdauctioneers^ a nd overisces the reclamation of fom ier lignite mines in western-North .Dakojia-'s coal countiy-.Crabtree's statemerit Wednesday comes three we eksafter two environmental organizations,-the D akota Resources.Counc'iland Ihe D acptah Chapter ofthe Sierra Cliib ,gave notice they intend to sue Kalk arid Cramer .ibr'ullcged c onflicts o f interest.The groups objectto campaign coritributions the two men have accepted from the owner of G reat Nonherh Power Developiricnt of Houston. A company subsidiary' isdeveloping a new coal mine in southwestern No rth Dakota.Environm ental groups and some neighbors ofthe prujcd want fhe comm issibn to deny the appl|cation.-A .decision is pend ing.

http://www.crabtreeforpsc.com/psc-candidate-says-hell-refuse-industry-money/ 10/23/2012


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PS C candidate says he*ll refuse industry money | Briad Crabtree for North Dakota PublicPage 2 of 3Crabtree said he did not put similar restrictions on-his first PS C campaign two years.ago, when lie unsuccessfully opposed Cram er's re-election bid. He said.doing so woujdhave caused him to refusc-between'.SS,000 and SI 0,000 in donations.Crabtree raised more lhani $201,000 for his 2010 campaign, .while Cram er reported almost S 173',000 in contributiohs, state disclosure filings s howi.Am ong Crabtree's largest donors were North Dako ta's Dem ocratic P atty, wh ich provided':$70,p00 to Crabtree's PS G campaignj andthen-U.S . Sen.- Byron.D'organ, D^N-.D.,who .chipped .in S I.O,pipoYrom:his own .campaign "fund,Crabtree.advertiscd.his-campaign contribution' limits.Wednesday as a "pledge p.fiindeppndeiice,'* wh'ich he:said.'will iricludc m.ondily'repprting-'pf.li'is polltioal dbnatipns onhis own website. North Dakota law doiesh't require frequent reporting of carnpaign contributions.Crabtree's self-imposed restrictions w ould apply to tioiit'ributions from organizations that often favor-Democrats,ncluding rutal.-elcctri'c'cooperative political action:commiltees and executivcs:Tiie rules would also bar him from taking- cannpaign donaiiotis from auctioneers.; whiich the com missibn liceiises.The comm ission often serves in a udge-like role in ruling on requests- from iiidustri.es the agency regulates, Crabtree said, i^e compared the commissipners* acceptance-ofcampaign donations from industries they regulate lo udges taking cohtributi6ns;from.piirticipants-in hi!(.owii ciis'es."Because there's no public policy requiring:our comm issioners lo do ight,and oiir (m 'missioners aiiB:iibt disciplinin g them selves/' Crabtree said, "we ate seeing a-gradualerosion in the integrity of the Public Service Commission,!'

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EndingiRSC Culture pf Cprruptiun and P.ledgc^to.Refuse'Gontributions.froin iiegulateit Interests.

J Crabtree fbr Publ ic ServiceCo m m lss i'on on Eacebook! Uke I You Uke this.

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L a t e s t N e w s Criibtrce calls for investiuation into-Bruthter Future Coinmittee Cr.ibtree addresses-lrumiKti-itip FiSC'coiypln'iiil. fflill^-fw Crabtree Responds To N D G QP Tc ttcr Filed Wilh FE C C lirjsijnyniii^id'uijiiDV sckiM hlijj.Cnni|init'n"-Ciiiij["rilMiii'u"iiii-A'ii'd?i!i^ !Sintciiiciit on:-Konh niittolirfl'R'epeai'


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Crabtree Calls for Campaign Contribution 'Pledge of Independence' | Brad.Crabtree f o r P a g e 1 of 3

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Crabtree Calle for Campaign Contribution 'Pledge of Independence'Post Date April 11..2012CommentsO CommentsAuthorbcadminCategoryPress Releases. PSC CorruptionShartiaUBBISMARCK - Public Service Commissioii candidate Brad'Crabtrce is asking his opponent to join him in commitliiig to a "Public Service Commissioner Pledge ofIndependence"- declining toreceivecampaign contributions from political action cptnmittees-(PACs),'executiycs.an.d principals affiiiated with companies.andcooperatives regulated by the Public Service'Commission (PSC)."I am formally committing myself to a 'Public Service Commissioner Pledge of Independence' to avoid conflicts ofiritcrcstand to restore .public confidence and integrityin Ihc Public Service Commission - and I call on my opponent-to do Ihc same,"Crabtree said at.a press conference today:Campaign disclosurereports rom the past few yeanreyeal hat PSCcommissioners have received tens of thousands of doljarsfrom PACs, executives .and principalsofwind energy developers, coal -compariies, oil and gas companies -with pipeline interests, telecommunications providers, railroad's, and generation and trahsinission and ruralelectric cooperatives, all of which cothe under PS C jurisdiction.In some cases, commissioners have received large contributions from parties withopen-cases before the.Commission and who have a direct stake in the outcome of thosecases,"Commonsense suggests that elected egulators s.tipuld efu.


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Crabtree Speaks on Contributions on KFYR-TV North Dakota's NBC NeAys Leader Page 1 of 1

Y O U R N E W S L E A D E R -B i G m a rck , N D ,

/^KFYR-TV.

K F Y R - T V NEWS STORIESCrabtree Speaks on Contributions14/11/2012 ' One of the candidates torPUtMc Servioe Com missionaniiouricad that he wll not be aeeapting campaigni contrilxjilohs lhal could bo vlawed as a conflict of Interest:Bred CratHrae seya he 's commltHrig to a RS C Pledge OfIrideiiBndarice iM cause h a twHoves Ifs wrong fbrcommissioners to accopl m onayfromgroupa Ihat lhayragulale.

-'l^st'riionlh Kevin Cramer a nd Brian K8lk:We'ra accused of.aocapiing.maney llrom fremornelals at thaSouth Heart: Coa l Mining Company.. 'Let me be clear.i just iMcause' something to lega l .ahd: Iransparsntly' reported does not make ft right In faci whatour ooriimlsslonerB are doing Is'tranaparantly wrong."CratMrae says he 'll be:poslihgcontributions on his website

oil a monlhly basis tbr anyoiie who wants lo holdilm b'tiis-piedge. He'sia sklng hto.opponem Randy' Christn^ann todo the same,C O M M E N T O N THIS STQRY

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TITLE 12.1 CrimM CodeCHAPTER 12.M2 Bribeiy UhlawftU InfluenceofPublicServantsGoto the North Dakola CodeArchiveDirectory

N.iX Cent. Code 121-12-01 (2012)121-12-01. Bribery,

person is guilty ofbribery, a.class Cftlony, fheknowingly ofibrs,gives, or agrees ifo giveU) another or solicaccepts, .or agrees to accept r c m i ^ another, a thing ofvalue as consideration for.a. Therecipient ofScialactionasapublicservant; orb. The .recipients,violationofa.known legfd duty a$a publicservant.2. It is no defisnse.toaprosecution uiidor this sectbhttiata. recipieatwas. not .qiiiilified to act in the desiredmywhetherbecause hehad not yet assumied ofSkie, or kuiked juiisdictibn,br.fbiriany btfaierreason.3. A primafiiciecase is established under this sectionuponproofthat the actorknew that a thing ofpecuniary vwas offered, given, or agreed to begivenby; or solicitd,,aocepted, oragreed tb be acceptedfifom,a personhaving ainterest In an unmuient or pending: a. exaniination, investigatibn, arrest OF judicial or administrative proceedtog; or bid, contract, claim, orapplication/and that iiiterest couldbe afficted by the recipicii's.perfhrmance ornonofhis ofiRcial actran orviolatioii of his known legaldutyas a publicservant

HISTORY: SX. 1973, ch. 116, 12.NOTES: CrbSB-RefeMnces.

Bribay ofschool official, se e NiD.C^C. 15-49-1 i .:Penalty fo r class Gfelony,se c N.D.CC. 12.1-32-01.


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I,

LrI I.

F E D E R A L ELECTION COMMISSION999 E Street, NWWashihgtpn. DC 20463' ' ' ' ' " .of.F.!Ci:i .OF!

STATEMENT; OF DSSIGIWTIQN OF COUNSEL ^ ^ . i.Rleasb use- b/iaform f6r eadh l esDDndent/Entltvrrfe^ ^ ^ FAX-f2d2i:2igi-39SaM U R # 6663NAME OF C O U N S E L : David. C .. Thpipi^son ..FIRM: D^ id. ThQmp.sp.n.., P.. c. ... "

Grand Porks, North Dakota. .5820,6-5235TELEPHONE- QFFtCE f 7/fVT V. 7c; r7n. /p ^

FAX(701) 775-2520

Th e above-nam^d Individual and/oi^firitils horbby dealgdafiad-alEliinycou Isauthorized tb reoeive;any notifloatlpns and other q.btfiniun|oationa ifrip.m tHebo.mrolsslon a.ndto apion:my beh

Date J Re8poiideht/A9ent -SignatureNAMED R E S P O N D E N T : Brad Crabt ree

T|tle.(Ti?a8Mref/Cahdldate/0\

Crabtree for Public Service CommissionerMAILING AbDRESS:: - P . O . B ox 396.(Please Print)

, Ell6ric|^.J.^e-, pT^^n.-Tla f l^ -5:fril3;e>Q3:bo&; 'T E L E P H O N E - H O M E

BUSINESS (701 ) .647-2036Infbrihatlbn Is beinjS.eo.uohta8 part ofan lnvjBatigatljph being oondUptedbytheiFederaij SebtiphCommissionand theoonfldenUalHyprovisions of2 U.i3.Gi 4$y ^ooiiduoted 1^ the Federal EieotibnGbmrnisei. ^ tl\e>expre8s ^ peiison uiiderInvestigation

t!ley.2O06


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12

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101112131415i61718:1920212223242526

STATE O F NORTH DAKOTA )) ss.COUNTY OF GR AND FORKS )Erik A. Escarramsin, being first duly sworn, deposes and says that he is of legal age and isnot a party to liie above-referenced matter, that on the 24"- day of October, 2012, hedeposited with prepaid postage via mail^ Grand Forks, North Dakota, the followingdocument:

Response to MUR# 664$3 and Deisignatioiidf Goimselfrom .Crabtriee forPSC;Brad Crabtree; Perry Milierby placing a true and correct copy thereof in ah envelope addressed to:Brad CrabtreePOBox 396Ellendale, ND 58436'0396Robert HarmsRepublican PartyPOBox 1917Bismarck, ND58502

CrabtreeforPSCPOBox396Ellendale, ND 58436-6396Perry Miller,:TreasurierCrabtree for PSiCPOBox 396Ellendale, ND 58436-0396

Erik Av Escarrarhan

Subscribed and sworn to before me this 24 "* day of October, 2012.

(SEAL)-1 ^ ^ ^* SANDRA LMAROUARDTNotary PublicState of North Dakota .

J My Coimmtosion Expires Aug. 23i 2018;0' m'Notary Public (/- i .My Gommission Expires: 1' ^

002 crabtree response

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