hennepin county campaign finance laws

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  • 8/14/2019 Hennepin County Campaign Finance Laws

    1/8

    NOVEMBER4,2013VERSION1

    A gap in administrative authority for campaign !nance violations makes the enforcement of state law practically

    unenforceable for candidates for Hennepin County, Minneapolis, or Bloomington o"ces. READ BACKGROUND

    Alleged campaign violation Administrative remedy Criminal remedy

    MINN.STAT.383B.043,SUBD.1

    The political committee doesnt have a chair and

    treasurer (which may be the same person).

    NO ADMINISTRATIVE OR CRIMINAL REMEDY

    Theres no administrative body with authority t

    !ndings of fact, issue reprimands, or issue civil

    county attorney, but its not a criminal violation

    ENTIRELY UNENFORCEABLE1 2

    o receive complaints from the public, make

    penalties. A violation can be referred to the

    .

    MINN.STAT.383B.043,SUBD.1

    The political committee has contributions being

    deposited to more than one bank account.

    NO ADMINISTRATIVE OR CRIMINAL REMEDY

    Theres no administrative body with authority t

    !ndings of fact, issue reprimands, or issue civil

    county attorney, but its not a criminal violation

    ENTIRELY UNENFORCEABLE1 2

    o receive complaints from the public, make

    penalties. A violation can be referred to the

    .

    MINN.STAT.383B.043,SUBD.2

    The political committee accepts or spends funds while its

    o"ce of treasurer is vacant.

    NONE1 2

    Theres no administrative body with

    authority to receive complaints from the

    public, make !ndings of fact, issue

    reprimands, or issue civil penalties. A

    violation can be referred to the county

    attorney.

    CRIMINAL PROSECUTION 1

    As a criminal o#ense, this misdemeanor

    shall be prosecuted by county attorney.

    Since no fact-!nding administrative body is

    involved, the person(s) responsible are to be

    prosecuted regardless of intent or severity.

    Campaign committees arent !ned or

    reprimanded since criminal charges can onlybe made against individuals.

    https://tonywebster.com/2013/11/campaign-finance-complaint-minneapolis-hennepin/https://tonywebster.com/2013/11/campaign-finance-complaint-minneapolis-hennepin/https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.043https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.043https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.043https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.043https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.043https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.043
  • 8/14/2019 Hennepin County Campaign Finance Laws

    2/8

    Alleged campaign violation Administrative remedy Criminal remedy

    MINN.STAT.383B.043,SUBD.2

    The political committee retains an anonymous

    contribution in excess of $20 without forwarding it on to

    the Minnesota Campaign Finance and Public Disclosure

    Board for deposit into the states general fund, asrequired.

    NONE1 2

    Theres no administrative body with

    authority to receive complaints from the

    public, make !ndings of fact, issue

    reprimands, or issue civil penalties. Aviolation can be referred to the county

    attorney.

    CRIMINAL PROSECUTION1

    As a criminal o#ense, this misdemeanor

    shall be prosecuted by county attorney.

    Since no fact-!nding administrative body is

    involved, the person(s) responsible are to beprosecuted regardless of intent or severity.

    Campaign committees arent !ned or

    reprimanded since criminal charges can only

    be made against individuals.

    MINN.STAT.383B.043,SUBD.2

    The political committees funds were commingled with

    the personal funds of an o"cer, member, or associate of

    the committee.

    NONE1 2

    Theres no administrative body with

    authority to receive complaints from the

    public, make !ndings of fact, issuereprimands, or issue civil penalties. A

    violation can be referred to the county

    attorney.

    CRIMINAL PROSECUTION1

    As a criminal o#ense, this misdemeanor

    shall be prosecuted by county attorney.

    Since no fact-!nding administrative body isinvolved, the person(s) responsible are

    prosecuted regardless of intent or severity.

    Campaign committees arent !ned or

    reprimanded since criminal charges can only

    be made against individuals.

    MINN.STAT.383B.045

    The candidate accepted or expended more than $100

    without forming a principal campaign committee.

    NO ADMINISTRATIVE OR CRIMINAL REMEDY

    Theres no administrative body with authority t

    !ndings of fact, issue reprimands, or issue civilcounty attorney, but its not a criminal violation

    ENTIRELY UNENFORCEABLE1 2

    o receive complaints from the public, make

    penalties. A violation can be referred to the.

    MINN.STAT.383B.045

    Campaign expenditures werent made through the

    campaigns principal campaign committee.

    NO ADMINISTRATIVE OR CRIMINAL REMEDY

    Theres no administrative body with authority t

    !ndings of fact, issue reprimands, or issue civil

    county attorney, but its not a criminal violation

    ENTIRELY UNENFORCEABLE1 2

    o receive complaints from the public, make

    penalties. A violation can be referred to the

    .

    https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.045https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.045https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.045https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.045https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.045https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.045https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.043https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.043https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.043https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.043
  • 8/14/2019 Hennepin County Campaign Finance Laws

    3/8

    Alleged campaign violation Administrative remedy Criminal remedy

    MINN.STAT.383B.046

    Candidate failed to register campaign committee using

    statement of organization with !ling o"cer within 14

    days of receiving or spending more than $100.

    NO ADMINISTRATIVE OR CRIMINAL REMEDY

    Theres no administrative body with authority t

    !ndings of fact, issue reprimands, or issue civil

    county attorney, but its not a criminal violation

    ENTIRELY UNENFORCEABLE1 2

    o receive complaints from the public, make

    penalties. A violation can be referred to the

    .

    MINN.STAT.383B.046

    Candidate !led a statement of organization but failed to

    include a committee name, the name and address of the

    chair and treasurer(s), the name and address of the

    committees bank, the name and address of any

    supporting association of a political fund.

    NO ADMINISTRATIVE OR CRIMINAL REMEDY

    Theres no administrative body with authority t

    !ndings of fact, issue reprimands, or issue civil

    county attorney, but its not a criminal violation

    ENTIRELY UNENFORCEABLE1 2

    o receive complaints from the public, make

    penalties. A violation can be referred to the

    .

    MINN.STAT.383B.047,SUBD.1

    The treasurer failed to keep an account of contributions,

    expenditures, the names and addresses of contribution

    sources or expenditure payees, and/or the name and

    address of each political committee or fund it transferred

    funds to.

    NO ADMINISTRATIVE OR CRIMINAL REMEDY

    Theres no administrative body with authority t

    !ndings of fact, issue reprimands, or issue civil

    county attorney, but its not a criminal violation

    In every single local race in the rest of the s

    has authority for the general subject matte

    (SeeMinn. Stat. 211A.06)

    ENTIRELY UNENFORCEABLE1 2

    o receive complaints from the public, make

    penalties. A violation can be referred to the

    .

    ate, the O!ce of Administrative Hearings

    r of this statute.

    MINN.STAT.383B.047,SUBD.2

    An expenditure was made without being authorized by

    the treasurer.

    NO ADMINISTRATIVE OR CRIMINAL REMEDY

    Theres no administrative body with authority t

    !ndings of fact, issue reprimands, or issue civil

    county attorney, but its not a criminal violation

    ENTIRELY UNENFORCEABLE1 2

    o receive complaints from the public, make

    penalties. A violation can be referred to the

    .

    MINN.STAT.383B.047,SUBD.2

    The treasurer authorized more than $20 per week as

    petty cash for miscellaneous expenditures.

    NO ADMINISTRATIVE OR CRIMINAL REMEDY

    Theres no administrative body with authority t

    !ndings of fact, issue reprimands, or issue civil

    county attorney, but its not a criminal violation

    ENTIRELY UNENFORCEABLE1 2

    o receive complaints from the public, make

    penalties. A violation can be referred to the

    .

    https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.047https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.047https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.047https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.047https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.047https://www.revisor.mn.gov/statutes/?id=383B&view=chapter%23stat.383B.047https://www.revisor.mn.gov/s

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