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Hennepin County Campaign Finance Laws

Hennepin County Campaign Finance Laws

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Published by TonyWebster
A chart of administrative and criminal remedies for campaign finance violations.
A chart of administrative and criminal remedies for campaign finance violations.

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Published by: TonyWebster on Nov 04, 2013
Copyright:Attribution Non-commercial

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01/16/2015

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original

 
NOVEMBER
 
4,
 
2013
 
 
VERSION
 
1
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 violationAdministrative remedyCriminal remedy
M
INN
.
 
S
TAT
.
 
§
 
383B.043,
 SUBD
.
 
1
The political committee doesn’t have a chair and treasurer (which may be the same person).
NO ADMINISTRATIVE OR CRIMINAL REMEDY
There’s no administrative body with authority t
!
ndings of fact, issue reprimands, or issue civil county attorney, but it’s not a criminal violation
 ENTIRELY UNENFORCEABLE
 1 2
 o receive complaints from the public, make penalties. A violation can be referred to the .
M
INN
.
 
S
TAT
.
 
§
 
383B.043,
 SUBD
.
 
1
The political committee has contributions being deposited to more than one bank account.
NO ADMINISTRATIVE OR CRIMINAL REMEDY
There’s no administrative body with authority t
!
ndings of fact, issue reprimands, or issue civil county attorney, but it’s not a criminal violation
 ENTIRELY UNENFORCEABLE
 1 2
 o receive complaints from the public, make penalties. A violation can be referred to the .
M
INN
.
 
S
TAT
.
 
§
 
383B.043,
 SUBD
.
 
2
The political committee accepts or spends funds while its o
"
ce of treasurer is vacant.
NONE
 1 2
There’s 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 aren’t
!
ned or reprimanded since criminal charges can only be made against individuals.
 
Alleged campaign violationAdministrative remedyCriminal remedy
M
INN
.
 
S
TAT
.
 
§
 
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 state’s general fund, as required.
NONE
 1 2
There’s 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 aren’t
!
ned or reprimanded since criminal charges can only be made against individuals.
M
INN
.
 
S
TAT
.
 
§
 
383B.043,
 SUBD
.
 
2
The political committee’s funds were commingled with the personal funds of an o
"
cer, member, or associate of the committee.
NONE
 1 2
There’s 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 prosecuted regardless of intent or severity. Campaign committees aren’t
!
ned or reprimanded since criminal charges can only be made against individuals.
M
INN
.
 
S
TAT
.
 
§
 
383B.045
The candidate accepted or expended more than $100 without forming a principal campaign committee.
NO ADMINISTRATIVE OR CRIMINAL REMEDY
There’s no administrative body with authority t
!
ndings of fact, issue reprimands, or issue civil county attorney, but it’s not a criminal violation
 ENTIRELY UNENFORCEABLE
 1 2
 o receive complaints from the public, make penalties. A violation can be referred to the .
M
INN
.
 
S
TAT
.
 
§
 
383B.045
Campaign expenditures weren’t made through the campaign’s principal campaign committee.
NO ADMINISTRATIVE OR CRIMINAL REMEDY
There’s no administrative body with authority t
!
ndings of fact, issue reprimands, or issue civil county attorney, but it’s not a criminal violation
 ENTIRELY UNENFORCEABLE
 1 2
 o receive complaints from the public, make penalties. A violation can be referred to the .
 
Alleged campaign violationAdministrative remedyCriminal remedy
M
INN
.
 
S
TAT
.
 
§
 
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
There’s no administrative body with authority t
!
ndings of fact, issue reprimands, or issue civil county attorney, but it’s not a criminal violation
 ENTIRELY UNENFORCEABLE
 1 2
 o receive complaints from the public, make penalties. A violation can be referred to the .
M
INN
.
 
S
TAT
.
 
§
 
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 committee’s bank, the name and address of any supporting association of a political fund.
NO ADMINISTRATIVE OR CRIMINAL REMEDY
There’s no administrative body with authority t
!
ndings of fact, issue reprimands, or issue civil county attorney, but it’s not a criminal violation
 ENTIRELY UNENFORCEABLE
 1 2
 o receive complaints from the public, make penalties. A violation can be referred to the .
M
INN
.
 
S
TAT
.
 
§
 
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
There’s no administrative body with authority t
!
ndings of fact, issue reprimands, or issue civil county attorney, but it’s not a criminal violation
In every single local race in the rest of the s has authority for the general subject matte (See Minn. Stat. § 211A.06) ENTIRELY UNENFORCEABLE
 1 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. 
M
INN
.
 
S
TAT
.
 
§
 
383B.047,
 SUBD
.
 
2
An expenditure was made without being authorized by the treasurer.
NO ADMINISTRATIVE OR CRIMINAL REMEDY
There’s no administrative body with authority t
!
ndings of fact, issue reprimands, or issue civil county attorney, but it’s not a criminal violation
 ENTIRELY UNENFORCEABLE
 1 2
 o receive complaints from the public, make penalties. A violation can be referred to the .
M
INN
.
 
S
TAT
.
 
§
 
383B.047,
 SUBD
.
 
2
The treasurer authorized more than $20 per week as petty cash for miscellaneous expenditures.
NO ADMINISTRATIVE OR CRIMINAL REMEDY
There’s no administrative body with authority t
!
ndings of fact, issue reprimands, or issue civil county attorney, but it’s not a criminal violation
 ENTIRELY UNENFORCEABLE
 1 2
 o receive complaints from the public, make penalties. A violation can be referred to the .

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