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News Release: Wanted: Legislative Review of Campaign Finance Rules

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Wanted: Legislative Review of Campaign Finance Rules

Contact: Robert S. Carney Jr., bob@RepublicanContract.com

(612) 824-4479    News groups: Daily; Law/Politics, College, Neighborhood

For immediate release

Minneapolis, MN, April 17, 2006 – A recent Campaign Finance and Public Disclosure Board advisory opinion has prompted a call for the Minnesota Legislature to review current campaign finance law.  At issue is whether candidates for state constitutional offices, and the legislature, can be compensated to run for office.  While the advisory opinion states the answer is "no," the opinion also suggests there may be provision in state law that allow campaigns, based on legal advice, to compensate candidates.  It is unclear whether this may have been done in past campaigns.

The opinion was requested by Bob Carney Jr., who is operating the RepublicanContract.com web site, and recruiting Republican candidates for both Governor, and the Legislator, based on proposed contracts with voters.  One of Carney's concerns was whether some candidates, such as college students, who could not otherwise afford to run for office, could be paid by their committees.

"It appeared to me from reading Minnesota state law, that this is permitted," Carney said.  "Although the advisory opinion held this is not permitted, the opinion also cited the law I referred to in my request, and said the Board is not charged with providing opinions to interpret the State statute I was asking about," Carney added. 

The nub of Carney's advisory opinion request regarding Legislative candidates is summarized in an excerpt from his letter to the Board: "Suppose someone is running for the State House, and engaging in the kind of campaign activity described in “Campaign financing and the internet.” Suppose they maintain a log book, including one 8.5” x 11” poster announcing each event, and a log of the time spent for each event. Can the candidate be reimbursed, say $10 per hour for this work?"

"I'm willing to accept a ruling either way," Carney said.  "However, I want a level playing field, and I want to be able to tell prospective candidates in a clear way what can and cannot be done.  It looks to me that the Board may be indicating there is a loophole in state law that allows campaigns who can afford lawyers to compensate their candidates," Carney said.  "For that matter, it appears a campaign could pay a lawyer $50/hr to go and tell voters what a candidate wants to do, but the campaign can't pay the candidate $10/hr to do the same thing himself or herself," Carney concluded.

Carney is providing to the Legislature: his letter to the Board, the Board's opinion, and additional information.  "I call on the Legislature to review this law, and to consider whether there is a need to more clearly state the Legislature's intent regarding a committee's ability to compensate candidates, or to expand the Board's charge to include Chapter 211B, and possibly additional sections of Minnesota law," Carney said.

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Supporting documents include:
    Carney's letter to the Campaign Finance and Public Disclosure Board (below)
    The Board's advisory opinion: http://www.cfboard.state.mn.us  then go to Advisory Opinion 379
    Carney's proposed method for "labor intensive" Legislative campaigning by college students (among others) http://www.RepublicanContract.com/internetcampaigns.htm

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Carney's letter to the Campaign Finance and Public Disclosure Board:

 

Robert S. Carney Jr.
4232 Colfax Avenue South
Minneapolis, Minnesota 55409
(612) 824-4479 * bcarney@bobcarneyjournal.com

March 24, 2006

Campaign Finance Public Disclosure Board
658 Cedar Street, Suite 190
Saint Paul, MN 55155                     TRANSMITTED BY FAX, 9 pages including this page

Re: Request for two advisory opinions

Dear Sir or Madam:

I have recently begun operating a web site, called RepublicanContract.com, where I am both promoting proposed contracts between Republican Governors and Legislators and Minnesota voters, and asking people to consider running as a Republican for Governor or the Legislature, using one of these contracts as a basis for their campaign.

My goals include:

One potential issue I see for some prospective candidates for both Governor and the Legislature, is that a campaign requires a substantial time commitment. I think some people may potentially be very good candidates, but may also be simply unable to undertake the necessary time commitment on an unpaid basis. Hence my request for two advisory opinions, one regarding a candidate for Governor, the other regarding a candidate for Legislature.

Let me first reference what appear to be the relevant statutory provisions, and then state my inquiries

Minnesota Statute 10A.01 Definitions, Subd. 9. Campaign expenditure. “Campaign expenditure” or “expenditure” means a purchase or payment of money or anything of value, or an advance of credit, made or incurred for the purpose of influencing the nomination or election of a candidate or for the purpose of promoting or defeating a ballot question.”

Minnesota Statute 211B.12 Legal expenditures. Use of money collected for political purposes is prohibited unless the use is reasonably related to the conduct of election campaigns, or is a noncampaign disbursement as defined in section 10A.01, subdivision 26. The following are permitted expenditures when made for political purposes:

      1. salaries, wages, and fees;

________________________

From the above provisions, it appears to me that it is legal for a campaign to pay a candidate to campaign. I understand this question has not been formally addressed in a previous advisory opinion.

Regarding the kind of campaign activity I have in mind as compensable, it would primarily consist of public meetings where candidates are available to meet with voters. This FAX includes a seven page printout from my web site titled “Campaign financing and the internet,” outlining the kind of campaigning I have in mind.

Here are my two advisory opinion requests.

Request One: State Legislative candidate.

Suppose someone is running for the State House, and engaging in the kind of campaign activity described in “Campaign financing and the internet.” Suppose they maintain a log book, including one 8.5” x 11” poster announcing each event, and a log of the time spent for each event. Can the candidate be reimbursed, say $10 per hour for this work?

Request Two: Candidate for Governor.

Suppose someone is running for Governor, spending say, 20 hours a week on the campaign, and engaging in public meetings similar to those described in “Campaign financing and the internet.” Suppose they maintain a log book, including one 8.5” x 11” poster announcing each event, and a log of the time spent for each event. Can the candidate be reimbursed, say $15 per hour for this work?

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As I read what appear to be the relevant statutory provisions, this kind of work by a candidate seems to be compensable. I look forward to hearing from you on this. If there is any additional information I can provide you, please don't hesitate to call or e-mail me. Please also feel free to visit RepublicanContract.com.

Sincerely,

Bob Carney Jr.

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