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15-0320-17790-CV |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
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Terry Sluss, Complainant, vs. MCCL State PAC and the Senate Victory Fund, Respondents. |
NOTICE OF DETERMINATION OF PRIMA
FACIE VIOLATION AND NOTICE OF AND ORDER FOR EVIDENTIARY HEARING |
TO: Terry Sluss, 13298 Timberlane Drive, Baxter,
MN 56425; MCCL State PAC, 4249 Nicollet
Avenue South, Minneapolis, MN 55409; and
the Senate Victory Fund, 1055 North Dale Street, St. Paul, MN 55117.
On January 8, 2007, Terry Sluss filed a Complaint with the Office of Administrative Hearings alleging that MCCL State PAC and the Senate Victory Fund violated Minn. Stat. § 211B.06 (false campaign material). After reviewing the Complaint and attached exhibits, the undersigned Administrative Law Judge has determined that the Complaint sets forth a prima facie violation of Minn. Stat. § 211B.06.
THEREFORE, IT IS HEREBY ORDERED AND NOTICE IS HEREBY GIVEN that this matter will be scheduled for a telephone prehearing conference and an evidentiary hearing to be held at the Office of Administrative Hearings, 100 Washington Avenue South, Suite 1700, Minneapolis, Minnesota 55401, before three Administrative Law Judges. The evidentiary hearing must be held within 90 days of the date the complaint was filed, pursuant to Minn. Stat. § 211B.35. You will be notified of the date and time of the evidentiary hearing, and the three judges assigned to it, within approximately two weeks of the date of this Order. The evidentiary hearing will be conducted pursuant to Minnesota Statutes § 211B.35. Information about the evidentiary hearing procedures and copies of state statutes may be obtained online at www.oah.state.mn.us and www.revisor.leg.state.mn.us.
At the evidentiary hearing all parties have the right to be represented by legal counsel, by themselves, or by a person of their choice if not otherwise prohibited as the unauthorized practice of law. In addition, the parties have the right to submit evidence, affidavits, documentation and argument for consideration by the Administrative Law Judge. Parties should bring with them all evidence bearing on the case with copies for the Administrative Law Judge and opposing party.
At the conclusion of the evidentiary hearing, the Administrative Law Judges will choose to: (1) dismiss the complaint, (2) issue a reprimand, (3) find a violation of 211B.06, and/or (4) impose a civil penalty of up to $5,000. The panel may also refer the complaint to the appropriate county attorney for criminal prosecution. A party aggrieved by the decision of the panel is entitled to judicial review of the decision as provided in Minn. Stat. §§ 14.63 to 14.69.
Any party who
needs an accommodation for a disability in order to participate in this hearing
process may request one. Examples of reasonable accommodations include
wheelchair accessibility, an interpreter, or Braille or large-print
materials. If any party requires an interpreter, the Administrative Law
Judge must be promptly notified. To arrange an accommodation, contact the
Office of Administrative Hearings at
Dated: January 11, 2007
/s/
Beverly Jones Heydinger ___
BEVERLY JONES HEYDINGER
Administrative Law Judge
The Complainant, Terry Sluss, is a former Crow Wing County Commissioner. He ran in the November 7, 2006, general election as the Democratic candidate for Minnesota Senate District 12[1] and was defeated by the incumbent Republican candidate, Paul Koering. The Complaint alleges that just prior to the election, MCCL State PAC and the Senate Victory Fund prepared and paid for a campaign postcard that contained false campaign material designed to defeat his candidacy. The postcard was delivered to homes in the district between November 2 and November 4, 2006. The postcard generally encouraged voters to vote for Paul Koering based on his “pro-life” voting record. The postcard also included the following statement: “Terry Sluss refused to commit to any legal protection for innocent unborn babies.” The Complainant alleges that this statement is false and that the Respondents knew it was false and intentionally prepared and disseminated it in order to misrepresent his position on abortion just days before the election.
The Complainant
argues that during his 10 years as an elected official, he has consistently
supported programs that benefit children and babies, both born and unborn. The Complainant points out that during the
Crow Wing County Commissioner election of 1996, he filled out a MCCL
questionnaire in which he responded that he did support legal protection for
unborn babies. In addition, the Complainant
notes that while he was a Crow Wing County Commissioner, he proposed and
actively sought funding for a
Minn. Stat. § 211B.06, subd. 1, prohibits
intentional participation:
… [i]n the preparation,
dissemination, or broadcast of paid political advertising or campaign material
with respect to the personal or political character or acts of a candidate, or
with respect to the effect of a ballot question, that is designed or tends to
elect, injure, promote, or defeat a candidate for nomination or election to a
public office or to promote or defeat a ballot question, that is false, and
that the person knows is false or communicates to others with reckless
disregard of whether it is false.
After reviewing the Complaint and its attachments, the Administrative Law Judge finds that the Complainant has made a prima facie showing that the Respondents violated Minn. Stat. § 211B.06 in their preparation and dissemination of the campaign material at issue. Therefore, this matter will be referred to the Chief Administrative Law Judge for assignment of a three-judge panel to consider the complaint at an evidentiary hearing.
B.J.H.
[1]
Minnesota Senate District 12 is in central