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(UPDATED) Judges: DeKruif, GOP Senators Printed Campaign Literature with Taxpayer Money

Sen. Al DeKruif (R-Madison Lake), who represents Northfield, violated campaign finance laws by using taxpayer money to print partisan campaign literature in Senate offices, according to a ruling from a panel of administrative judges.

UPDATED: 2:40 p.m. Friday

Sen. Al DeKruif (R-Madison Lake), who represents Northfield, released the following statement concerning a panel of administrative judges ruling that he, along with other members of the Minnesota Republican caucus, violated state law. You can read the original story below the statement.

On Friday, August 31st the Office of Administrative Hearings (OAH)

issued a ruling on a piece of material that was distributed at our
precinct caucuses on the evening of February 7th. While I maintain that
this was constituent service information I do think it’s important to
accept their decision, pay the $75 fine, and move on.

The Legislative Update in question had been vetted by the State Senate chief non-partisan legal counsel before I took it to the precinct caucuses. The lead attorney for the Senate had reviewed and approved the piece as constituent services and not “campaign material”.  Legal counsel gave the opinion that the document complied with the requirements of Senate policy 1.45 and that distribution at a precinct caucus would not affect that determination.

"The Office of Administrative Hearings ruled that it was “campaign material” and should have had a disclaimer on the piece; therefore the fine was imposed for lack of a disclaimer on it. No other violations were cited.

I thought that everything had been done appropriately and legally, but in light of the ruling, I’ll take the higher ground and pay the $75 fine.

________

ORIGINAL STORY

Sen. Al DeKruif (R-Madison Lake), who represents Northfield, violated campaign finance laws by using taxpayer money to print partisan campaign literature in Senate offices, according to a ruling from a panel of administrative judges.

Also found in violation were 11 other Republican caucus members, including Senate Majority Leader David Senjem. GOP communications coordinator and former House Speaker Steve Sviggum and the Minnesota Senate Republican caucus were also found in violation.

The caucus members violated Minnesota election law when they distributed "Legislative Updates" at Republican caucuses in February that included links about donating money to the Republican Party, according to the ruling. The three-judge panel found that the Republicans used state resources to prepare the campaign literature and failed to reimburse the State for these costs.

The literature in question was handed out six months ago, Sviggum told Patch. Before it was handed out, he said it was reviewed and approved by the non-partisan Senate legal counsel.

“It was not campaign material,” Sviggum said. “The complaint was wrong—and the ruling was wrong and inappropriate. It changes the standard of what constituent material and campaign material is … this will put a chill on delivery of information to communicate with constituents.”

Each Senator must pay a $75 fine; Sviggum must pay a $200 fine.

The Minnesota Legislature paid for the cost of printing of the Legislative Updates, which was less than $50 for each legislator, according to the ruling. That estimate for printing the Updates does not include staff time or other resources that went into creating them.

The senators found to have violated the Fair Campaign Practices Act, in addition to DeKruif and Senjem, include Sens. Chris Gerlach, Gretchen Hoffman, Benjamin Kruse, Ted Lillie, Claire Robling, Ray Vandeveer, Pam Wolf, Michelle Fischbach and John Pederson.

In February, MPR reported on the nearly 5,000 “Legislative Updates” that were printed in Senate offices at the Capitol and distributed exclusively at Republican precinct caucus locations.

The ruling follows a complaint filed by the Minnesota DFL Party against the Senate Republican Caucus on Feb. 14.

“Sometimes you just have to rise above, pay the $75 fine and move on,” Sviggum said. “If it was a serious violation, the fine would have been thousands of dollars. This is a slap on the wrist.” 

DFL Chair Ken Martin released the following statement on the panel's conclusion:

“The conclusion by the court affirms what we have been saying since February: the Senate Republican Caucus broke the law when they decided to use our tax dollars to print partisan campaign literature.  This finding comes as no surprise, especially not to anyone who has paid attention to the escalating pattern of lawlessness that has come to define this Republican legislature.  

“The laundry list of lies, scandals and illegal activities the Republicans have brought to the Capitol in the last year alone is appalling. That the taxpayers should have to foot the bill for all of it is even worse. These Republicans continue to prove they will say and do anything to keep control of the state legislature, even if it means breaking the law and then handing Minnesota taxpayers the bill.”

DeKruif was not immediately available for comment.

Read the ruling by clicking on the attached PDF.

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Brit Hall September 05, 2012 at 08:20 PM
Breaking news - Cory just posted another useless leftist article. I think we should start calling this sight "Patch-Up The BS"
Corey Butler Jr. September 05, 2012 at 08:31 PM
Brit, this story isn't posted because of Sen. DeKruif's political affiliation. The story is posted because Sen. DeKruif represents Northfield and he was found to be in violation of state law. If Sen. DeKruif belonged to the DFL, Independence or Green Party, I would have written the same exact story and handled it the same way.
Brit Hall September 05, 2012 at 08:50 PM
Oh bull #### go sell BS somewhere else, we are all stocked up from one night of the DNC convention.
Brit Hall September 06, 2012 at 02:27 AM
If I had a bad ass name like "Kickass" maybe I would take your suggestion, and go on a postarama. I don't have the luxury, that you have, to see which publication has this posted (I think we call that unemployed.) But you go ahead "Kickass" keep us informed. On a side note, what kind of pathetic man, calls himself "Joe Kickass?" I bet its the type of man that cannot figure out how to satisfy a woman.
Tom Rees September 06, 2012 at 02:22 PM
Senator DeKruif may also be prosecuted for a misdemeanor by a county attorney with jurisdiction if a complaint is filed.
Corey Butler Jr. September 06, 2012 at 02:50 PM
OK. Brit and Joe, let's keep on track here, please. Let's leave the personal insults out of it. Brit can criticize Patch (and me) for running the story, that's fine. Joe, you can question her criticism. That's fine. Let's just keep on track and leave the personal stuff out of it. Thanks.
Danny Urban September 06, 2012 at 05:46 PM
Thanks for printing the story. It has appeared in every newspaper in the state, and is a fact! So a few senators screwed up. Slap on the wrist as usual. This guy isn't running this year again anyhow, so who cares. I guess some of the readers here, just can't understand what a unbiased newspaper is, and how it is run. To me it looks like you basically reported a press release.....
Timothy J. Blackowiak September 10, 2012 at 12:14 PM
Brit, I don't see a big difference in the "two" major conventions. They remind me of giant pep fests with lots of smoke and hollow talk . You maybe suffering from Band-wagonitis politicus.
Timothy J. Blackowiak September 10, 2012 at 12:40 PM
I find it hypocritical, that a party that espouses to how careful they are with the use of public money and proponents of private money, are so quick to use public money when it suits them.

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