Pawlenty OK to unallot donor refunds, says judge; foes vow new suit

Common Cause Minnesota is “looking at bringing forward a case to reinstate the Political Contribution Refund program” after a judge ruled the program wasn’t immune to unallotment by Gov. Pawlenty. A new suit would advance the separation-of-powers argument that persuaded the same judge to issue a restraining order last month against Pawlenty’s unallotment of a state nutrition program.

Ramsey County District Judge Kathleen Gearin didn’t buy plaintiff Robert Carney’s argument that the state’s Political Contribution Refund (PRF) program was a tax refund and not the kind of spending program that is vulnerable to gubernatorial unallotment (pdf).

Common Cause didn’t buy it either, and for that reason didn’t join the suit brought by Carney (who announced his candidacy for governor this week). But the group has been threatening since last summer to go to court on behalf of the PRF, which reimburses Minnesotans who make small political donations. And now they really might, said Mike Dean, the group’s executive director, in a statement.

Gearin’s ruling against Pawlenty’s use of unallotment in the earlier Brayton case “places a powerful check on the power of the state’s executive branch,” said Dean, “and the unallotment of the PCR should be viewed in that light.”