12-6361-16970-CV

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

Dorothy McClung,

Complainant,

vs.

Committee 2 Recall Randy.org,

Respondent.

ORDER OF DISMISSAL

On November 16, 2005, Dorothy McClung of Ramsey County Elections and Voter Registration Services filed a Complaint with the Office of Administrative Hearings alleging that the Committee 2 Recall Randy.org violated Minn. Stat. § 211A.02, subd. 1(b)(2) and Chapter 28 Saint Paul Municipal Code Sec. 28.03(d)(2)b by failing to timely file a pre-general election campaign financial report.

The Chief Administrative Law Judge assigned this matter to the undersigned Administrative Law Judge on November 16, 2005, pursuant to Minn. Stat. § 211B.33. A copy of the Complaint and attachments were sent by United States mail to the Respondent on November 17, 2005.

After reviewing the Complaint and attachments, the Administrative Law Judge finds that the Complaint does not state a prima facie violation of Minn. Stat. § 211A.02. In addition, because the Office of Administrative Hearings has jurisdiction to hear only complaints alleging violations of Minnesota Chapters 211A and 211B, the alleged violation of the Saint Paul Municipal Code must also be dismissed.

Based upon the Complaint and the supporting filings and for the reasons set out in the attached Memorandum,

IT IS ORDERED:

That the Complaint filed by Dorothy McClung against the Committee 2 Recall Randy.org is DISMISSED.

Dated: November 17, 2005

/s/ Steve M. Mihalchick

STEVE M. MIHALCHICK

Administrative Law Judge

MEMORANDUM

Pursuant to Minnesota Statutes § 211A.02, subd. 1, candidates or committees who receive contributions or make disbursements of over $750 in a calendar year, must file financial reports with the “filing officer”[1] for that office. In addition to other required reports, the statute requires that a candidate or committee file a report “ten days before the general election or special election.”[2] If a candidate or committee fails to file a required financial report on the date it is due, the filing officer shall immediately notify the candidate or committee of the failure to file.[3] If the report is not filed within ten days after the notification is mailed, the filing officer shall file a complaint under section 211B.32.[4]

The Complaint fails to allege that the Committee 2 Recall Randy.org received contributions or made disbursements of over $750 in a calendar year. The Complaint alleges only that the Committee to Recall Randy.org raised or spent $100 in the City of St. Paul. While this amount appears to obligate the Committee to file a financial report pursuant to Chapter 28 of the Saint Paul Municipal Code, it is insufficient to require the Committee to file financial reports under Minn. Stat. § 211A.02. In addition, the Complaint fails to state that the Committee was notified of its failure to file pursuant to Minn. Stat. § 211A.05, subd. 2. For all of these reasons, the Complaint fails to allege a prima facie violation of Minn. Stat. § 211A.02. In addition, the Office of Administrative Hearings does not have jurisdiction to hear complaints alleging violations of the Saint Paul Municipal Code.

The Complaint is dismissed.

S.M.M.

[1] Minn. Stat. § 211A.01, subd. 7, defines “filing officer” to mean the officer authorized by law to accept affidavits of candidacy or nominating petitions for an office or the officer authorized by law to place a ballot question on the ballot.