Who are ‘Minnesotans for Responsible Government’?

“Responsible Government”?  Or partisan attack politics as usual?

Late last week, a group calling itself Minnesotans for Responsible Government filed a complaint against Secretary of State Mark Ritchie for placing links on the SoS website to organizations with whom he has previously worked.

The substance of the claim is that these organizations are overly partisan, and thus should not be given any free advertising from the Secretary of State, an office which should be operating in a nonpartisan manner.

The story of the links first appeared on Minnesota Democrats Exposed, a blog run by Michael Brodkorb, a former Republican Party opposition researcher and campaign consultant to Republican candidates.  But who’s behind Minnesotans for Responsible Government?

Their detail page at the state Campaign Finance Board website is sparse, but shows two names:  David Hoch and Joseph Marble.  Hoch ran for Governor last year on the Resource Party ticket after partnering with Marble in 1997 to form a group called Citizens United for Baseball in Minnesota.  The two were, according to some reports, miffed at having been left out of the on-field ceremony last season marking the passage of the Twins’ stadium bill.

Read more after the breakIn 2005, Marble spoke out against DFL State Senator John Hottinger, whom he said was burying a campaign finance reform bill.  Through most of 2005 and 2006, Marble and Hoch were at the helm of more than just Minnesotans for Responsible Government:  the two men also lobbied under the aegis of Minnesotans for Responsible Gaming, which attacked Native American tribes for expenditures on political campaigns and causes.

Most recently, in the waning days of the 2006 election cycle, Minnesotans for Responsible Government filed a complaint against gubernatorial candidate Mike Hatch, now-Attorney General Lori Swanson and now-U.S. Sen. Amy Klobuchar, all DFLers, as well as AFSCME and Ramsey County, alleging that they violated Minnesota Statute § 211B.09, which reads

An employee or official of the state or of a political subdivision may not use official authority or influence to compel a person to apply for membership in or become a member of a political organization, to pay or promise to pay a political contribution, or to take part in political activity. A political subdivision may not impose or enforce additional limitations on the political activities of its employees.

The complaint was summarily dismissed.  In the memorandum accompanying the judgment, Administrative Law Judge Richard Luis said succinctly

The Complainant has alleged no facts to support finding that AFSCME members and Ramsey County employees used forceful or overwhelming pressure on fellow county workers to get them to take part in a political activity.  Instead, the Complaint states only that AFSCME members and County employees handed out campaign flyers in support of Mike Hatch, Amy Klobuchar and Lori Swanson and urged other state and county employees to vote for these candidates.  This allegation alone is insufficient to support a prima facie violation of Minn. Stat. § 211B.09 absent some evidence that the Respondents compelled persons to take part in political activity.  Even if it is assumed that the phrase “to take part in a political activity” includes the act of voting, the Complainant has failed to put forward any facts that would support finding the Respondents used their authority or influence as public employees to compel people to vote for Mike Hatch, Amy Klobuchar, or Lori Swanson. 

Moreover, although the Complainant has named Mike Hatch, Amy Klobuchar, and Lori Swanson as Respondents, the Complaint does not allege that these candidates/public officials used their authority or influence to compel persons to become members of a political organization, to pay a political contribution or to take part in a political activity.  Instead, the Complaint alleges only that these candidates were aware that AFSCME members and Ramsey County employees were campaigning on county property but “did nothing to prevent its occurrence.”  This allegation is insufficient to support a prima facie violation of Minn. Stat. § 211B.09.  Nothing in Minn. Stat. § 211B.09 requires persons to prevent others from violating the provision.  Because the Complainant has not alleged that Mike Hatch, Amy Klobuchar, or Lori Swanson compelled persons to apply for or become members of a political organization, to pay or promise to pay a political contribution, or to take part in political activity, the Complaint against them is dismissed.

The two men behind Minnesotans for Responsible Government are hired guns who shared a target – Native American tribes – with former Secretary of State Mary Kiffmeyer.  Who, effectively or not, lobbied for a Twins stadium deal.  Who filed a spurious complaint against the top of the DFL ticket in the final days of their successful campaign season (Mike Hatch excepted).  And who now are found filing yet another complaint against a DFL official for issues being pushed by a mouthpiece of the Republican Party.

In all things, caveat emptor.  In the court of law, it may be proven that the links to Ritchie’s past organizations are inappropriate — but that is for the court of law to decide.  In the court of public opinion, we must always consider the source of such complaints, and in learning about that source, ask about their motivation.

“Responsible Government”?  Or partisan attack politics as usual?