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Schwichtenberg OAH Complaint

Schwichtenberg OAH Complaint

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Published by CarverCountyMN
Schwichtenberg argument in OAH Complaint.
Schwichtenberg argument in OAH Complaint.

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Categories:Types, Letters
Published by: CarverCountyMN on Aug 10, 2012
Copyright:Attribution Non-commercial


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August 6
, 2012To: Judge Richard C. LuisOAH Docket No. 7-0320-22993-CVThe complaint was filed August 1
, 2012. I did not include the original documents andthe letters from the OAH office dated August 1
and 2
, 2012.
Findings of Fact:
Ms. Ortman, Bruce Schwichtenberg and Kevin Masrud filed for the office of State Senatein Dist 47 for the Republican Party.On May 15
, 2012, Carver County Republicans held an endorsing convention in Chaskawhere Bruce Schwichtenberg, Julianne Ortman, and Kevin Masrud were vying for therepublican endorsement.After the first ballot, Kevin Masrud came in third, and dropped out.On the second ballot the vote was 83-81. After a total of 5 ballots, neither BruceSchwichtenberg nor Ms. Ortman achieved the necessary 60% of the votes.With the adopted rules at the start of the convention, the body voted not to endorse.The endorsement will be decided in the primary election on August 14, 2012.Over the past weeks the Ortman campaign has erected many signs all around the district
with the wording “Republican for State Senate” without any disclaimer 
. (
 Attachments15 pictures)
In editions of the five county wide newspapers, the Ortman campaign inserted a post cardad with the wording on the top front page
“Republican State Senator.”
 Attachment Picture of postcard )
Voters have informed us the Ortman campaign has been lit dropping the post card adover the past weeks. (
Same one as the previous line)
On August 2
, 2012 editions of the five local newspapers ran ½ page ads by the Ortmancampaign
with wording “Republican State Senator”
(Attachments 5 pictures)
Mn. State Statue 211B.02 states “A person or candidate may not knowingly make,
directly or indirectly, a false claim stating or implying that a candidate or ballot questionhas the support or endorsement of a major political party or party unit or of an
 Ms. Ortman has been in the senate for ten years.
Ms. Ortman, during the last session, has served as Deputy Majority Leader and TaxCommittee Chair.Ms. Ortman has been an attorney for 22 years.
Acts by the Ortman campaign have shown a willful disregard of election law inMinnesota Statutes. This whole primary process is for one reason, to determine whichcandidate could use the republican endorsement in the general election. In state levelelections, and especially in a district like Carver County, which leans about three quartersrepublican, this endorsement carries considerable weight to give the voting publicdirection in casting their vote. As a senator for 10 years and an attorney, one should beable to assume she would have intimate knowledge and understanding of campaign law.
Considering Senator Ortman’s background and expertise one could only conclude the
actions of the Ortman campaign have been done knowingly and with intent tomisrepresent endorsement to the voting public and literally steal the election.Our campaign has been in a steep uphill battle for this endorsement from day one.This we understood and accepted. We are challenging a ten year incumbent senator, theDeputy Majority leader and tax committee chair. However, by allowing the Ortmancampaign to ignore the law with this much disregard is criminal. There are manydifferent violations of campaign law that could happen in this race, however, none wouldchange the outcome of an election in the manner this violation will. In order for there tobe credible elections, cheating cannot be tolerated to any degree. Because of her actions,the playing field for this campaign is not only uneven; it has been turned upside down.Her campaign cannot be allowed to benefit in any manner from these illegal actions. Her
action of placing the term “Republican” on the campaign signs, newspaper ads, and
literature have irreparably corrupted and distorted the results of this election.Your Honor:Based on this information we are asking for a number of things from this probablecase hearing:

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