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7-0320-20019-CV |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
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Jason Klubben Complainant, vs. MCCL State PAC and Jake Cimenski Campaign Committee, Respondents |
NOTICE OF DETERMINATION OF PRIMA
FACIE VIOLATION AND NOTICE OF AND ORDER FOR PROBABLE CAUSE
HEARING |
TO: Jason Klubben, [Street
Address Redacted], Coon Rapids, MN
55448; MCCL State PAC, 4249 Nicollet Avenue South, Minneapolis, MN 55409, and Jake Cimenski Campaign Committee, [Street
Address Redacted], Coon Rapids, MN
55448.
On October 29, 2008, Jason Klubben filed a Campaign Complaint with the Office of Administrative Hearings alleging that MCCL State PAC and Jake Cimenski Campaign Committee violated Minnesota Statutes § 211B.06 by preparing and disseminating 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 ORDERED AND NOTICE IS GIVEN that this matter is scheduled for a probable cause hearing to be held by telephone before the undersigned Administrative Law Judge at 10:00 a.m. on Wednesday, November 5, 2008. The hearing will be held by call-in telephone conference. You must call: 1-888-390-1062 at that time. When the system asks for your numeric pass code, enter “20019” on your phone and you will be connected to the conference. The probable cause hearing will be conducted pursuant to Minnesota Statutes § 211B.34. Information about the probable cause proceedings and copies of state statutes may be found online at www.oah.state.mn.us and www.revisor.leg.state.mn.us.
At the probable cause hearing all parties have the right to be represented by legal counsel, by themselves, or by a person of their choice if that choice is 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 provide to the Administrative Law Judge all evidence bearing on the case, with copies to the opposing party, before the telephone conference takes place. Documents may be emailed to Judge Luis at Richard.Luis@state.mn.us or faxed to 651-361-7936.
At the conclusion of the probable cause hearing, the Administrative Law Judge will either: (1) dismiss the complaint based on a determination that the complaint is frivolous, or that there is no probable cause to believe that the violation of law alleged in the complaint has occurred; or (2) determine that there is probable cause to believe that the violation of law alleged in the complaint has occurred and refer the case to the Chief Administrative Law Judge for the scheduling of an evidentiary hearing. Evidentiary hearings are conducted pursuant to Minnesota Statutes § 211B.35. If the Administrative Law Judge dismisses the complaint, the complainant has the right to seek reconsideration of the decision on the record by the Chief Administrative Law Judge pursuant to Minnesota Statutes § 211B.34, subdivision 3.
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: October 31, 2008
/s/
Richard C. Luis_________
RICHARD C. LUIS
Administrative Law Judge
Respondent Jake Cimenski is the Republican-endorsed candidate for Minnesota House District 49B. Jerry Newton is the DFL-endorsed candidate for the same seat. Mr. Cimenski paid for a campaign flyer that was prepared by MCCL State PAC. The flyer purports to compare the candidates on issues concerning abortions. Under Jerry Newton’s name are the following three sentences:
● Voted in favor of taxpayer funding of abortions
● Voted against legislation to outlaw cruel saline abortions.
● Has been endorsed by Take Action MN, a pro-abortion political action committee which supports Roe v. Wade, a court decision allowing abortion for any reason, even as a method of birth control.
The Complainant alleges that the first two sentences are false because Mr. Newton has not voted on either the subject of taxpayer funding of abortions or on the subject of saline abortions. The Complainant further asserts that Respondents knew the statements were false or communicated them with reckless disregard as to whether they were false.
Minnesota Statutes § 211B.06 prohibits a person from intentionally preparing or disseminating false campaign material with respect to the personal or political character or acts of a candidate that is designed or tends to injure or defeat a candidate, and which the person knows is false or communicates to others with reckless disregard of whether it is false.
The Administrative Law Judge finds that the Complainant has alleged a prima facie violation of Minn. Stat. § 211B.06 against Respondents. This matter will proceed to a probable cause hearing as scheduled by this Order.
R.C.L.