Friday, September 25, 2020
https://www.twincities.com/2020/09/24/lakeland-mayor-fined-250-over-missing-disclaimer-on-campaign-material/
it was illegal for Lakeland Mayor Richard Glasgow to disseminate campaign materials that lacked a disclaimer.
That was the decision released Thursday by three state administrative law judges on a complaint made in August against Glasgow, who is seeking re-election on Nov. 3. The panel imposed a $250 civil penalty.
The panel found that Glasgow violated a portion of the Fair Campaign Practices Act when he failed to include a disclaimer on campaign materials such as signs posted in yards and on a website called “LakelandtheTruth.us.” Under state law, campaign materials are required to have a form of disclaimer such as: “Prepared and paid for by the ……. committee, ……. (address) for….”
Glasgow’s failure to include a disclaimer on his campaign material was “negligent,” the panel concluded. “Respondent is a veteran candidate and should be familiar with the laws governing campaign practice.”
Glasgow, who was first elected mayor in 2016, is running for a third term as mayor. He was a Lakeland City Council member for 10 years prior to becoming mayor and also served on the city’s planning commission. (story continues at link)
Of course, these signs were protected speech under the US and Minnesota constitutions,
and the attempted fine was a violation of the candidate's civil rights.
The complaint was filed Aug. 14 by Lakeland resident Mary Miller, a member of Concerned Citizens of Lakeland. Because the complaint was filed within 90 days before the general election, it included a request for an expedited probable-cause hearing.
So Miller conspired to violate his rights. Concerned Citizens may or may not have been implicated as well.
Oh but the plot thickens.
A few weeks after Miller filed her complaint, Glasgow filed his own complaint to the state Office of Administrative Hearings charging his opponent — Council Member Joe Paiement — with failing to put required information on his campaign signs. Glasgow’s complaint against Paiement was originally dismissed because Glasgow did not appear at the hearing; Glasgow said Thursday he did not receive notice of the hearing until the day after the hearing when he received it in the mail. A probable cause hearing on the matter was held Thursday, he said.
https://www.twincities.com/2020/08/20/lakeland-mayor-faces-campaign-complaint-hearing-to-be-held-friday/ bshaw@pioneerpress.com
By MARY DIVINE | mdivine@pioneerpress.com
https://www.revisor.mn.gov/statutes/cite/211B.04 is the unconstitutional and void statue in question.
secretary of state's threat of enforcement https://www.sos.state.mn.us/election-administration-campaigns/campaigning/disclaimer-requirement/
Gossman, MaryBeth (651) 361-7837 marybeth.gossman@state.mn.us Staff Attorney Supervisor < person who might be in charge or know who is.
https://mn.gov/oah/about-us/judge-profiles/staff-attorneys/
Sec. 3. Liberty of the press.
The liberty of the press shall forever remain inviolate, and all persons may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of such right.
Sec. 9. Campaign spending limits.
The amount that may be spent by candidates for constitutional and legislative offices to campaign for nomination or election shall be limited by law. The legislature shall provide by law for disclosure of contributions and expenditures made to support or oppose candidates for state elective offices.
CHAPTER 554. FREE SPEECH; PARTICIPATION IN GOVERNMENT
554.03 IMMUNITY.
Lawful conduct or speech that is genuinely aimed in whole or in part at procuring favorable government action is immune from liability, unless the conduct or speech constitutes a tort or a violation of a person's constitutional rights.
554.04 FEES AND DAMAGES.
Subdivision 1.Attorney fees and costs.
The court shall award a moving party who prevails in a motion under this chapter reasonable attorney fees and costs associated with the bringing of the motion.
Subd. 2.Damages.
(a) A moving party may petition the court for damages under this section in conjunction with a motion under this chapter.
(b) If a motion under this chapter is granted and the moving party demonstrates that the respondent brought the cause of action in the underlying lawsuit for the purpose of harassment, to inhibit the moving party's public participation, to interfere with the moving party's exercise of protected constitutional rights, or otherwise wrongfully injure the moving party, the court shall award the moving party actual damages. The court may award the moving party punitive damages under section 549.20. A motion to amend the pleadings under section 549.191 is not required under this section, but the claim for punitive damages must meet all other requirements of section 549.191.
Republican Party of Minnesota v. White (2002)
I will be updating this post as it develops.
roughest draft of an open letter to the office of the secretary of state of minnesota.
I am writing with regard to press reports that a political candidate Richard Glasgow, a mayor of Lakeland, was fined $250 for signs promoting his candidacy.
I cannot allow this. His signs are protected speech under the First Amendment, the Minnesota Constitution, and Minnesota statutes. These sign censorship statutes are a legacy of the Jim Crow era, designed to suppress the speech of Negroes and women.
See Talley v California (1960) and Estate of McIntyre v Ohio Elections Comission (1995), holding that such disclaimer statutes are unconstitutional.
In Stewart v Taylor (S D Ind. 1997) I was able to get Indiana's sign censorship statute declared unconstitutional by pointing to the McIntyre decision. I got $7,000 from the settlement of that case, and have made it a point to monitor similar occurrences of misconduct by public officials.
The signs are protected speech under Minnesota chapter 554, which provides for court costs, legal fees, ordinary and punitive damages.
Although they are not my signs, I have standing and a live controversy to challenge this unlawful enforcement action because it chills my speech. I have a web site where I endorse the candidate with no disclaimer, and intend to continue to engage in such speech. https://ballots.blogspot.com/2020/09/this-blog-endorses-mayor-richard.html.
https://ballots.blogspot.com/2020/09/it-was-illegal-for-lakeland-mayor.html
In addition to being unlawful and tortious, it is unethical for any attorney to participate in this deprivation of civil rights, and might result in a disciplinary complaint if this letter is willfully disregarded.
I need you to cease and desist from any further attempt to enforce the void unconstitutional sign censorship rules. I need to you to revise your web page to remove any threat of enforcement of this illegal policy, and to let me know when you have done so. I need you to return the $250 fine if it has been collected, even if the candidate didn't mind paying it. Also if there have been any other fines assessed under the policy, return those. Talley and Mcintyre are quite clear about what the law is and what your profssional obligations are, but if there is any question, feel free to obtain a formal opinion from the Minnesota Attorney General.
Sincerely, Robbin Stewart. gtbear@gmail.com http://ballots.blogspot.com.
billing note 4:30-5 pm, 5:30-6pm, 9/25/2020. letter sent 6:07.
