ALEC likely violated state campaign board ruling

Group directed to register a lobbyist in 1995 after hosting forum
By Jon Collins
Thursday, August 11, 2011 at 9:45 am

A Twin Cities event hosted this spring by the American Legislative Exchange Council (ALEC) likely violated a 16-year old ruling by the Minnesota campaign finance board. The group, which brings together corporations and state lawmakers to create and distribute conservative legislation, failed to register a lobbyist with the state when organizing an issues forum, as required by the board’s ruling.

On March 4, 2011, ALEC hosted an educational event in Bandana Square in St. Paul. In attendance were state lawmakers including ALEC state chair Rep. Mary Kiffmeyer (R-Big Lake) and an ALEC task force director, who traveled there for the meeting.

The event likely violated guidelines set in a 1995 opinion (below) offered by the Ethical Practices Board, now the Minnesota Campaign Finance and Public Disclosure Board. Under the ruling, which was brought on by a similar event organized by the group at that time, ALEC was directed to register a lobbyist with Minnesota if “the issues forum and any written materials distributed include information that communicates with or urges others to communicate with officials in attempts to advocate a particular position to an official about legislative or administrative action.”

ALEC spokesperson Raegan Weber told the Minnesota Independent that ALEC wasn’t aware of the requirement in the board’s 1995 decision. She denied the group engaged in lobbying.

“Our task force director was asked to give an educational seminar about the publication,” Weber said. “That’s what it was — it was an educational seminar.”

Weber said the purpose of the March event was to provide information on ALEC’s State Government Reform Toolkit, which includes what the group’s press release described as 20 “recommendations” to state lawmakers dealing with fiscal crises. The guide argues for legislative reforms in areas ranging from pensions to the establishment of a privatization and efficiency council. Many of the recommendations include citations to ALEC model legislation, which is sometimes written and introduced to the group by corporate ALEC members who pay between $7,000 and $25,000 to be involved in ALEC.

Hamline University School of Business professor David Schultz told the Minnesota Independent that the board’s decision likely was applied to ALEC’s forums because of the group’s unique organizational structure.

“Oftentimes, a lot of organizations, if they’re going to sponsor issue forums, don’t have to [register a lobbyist],” Schultz said. “Because the legislative exchange council is seeking to try to influence legislation and legislators, that’s why the issue forums would require them to be registered.”

Schultz weighed in on the possible outcomes of ALEC not registering a lobbyist with the state: “It looks like any event they’re going to be sponsoring in the future is going to require them to continue to  be considered a lobbyist.” He added, “It could affect issues like their tax status.”

Opinions from the Campaign Finance and Public Disclosure Board are interpretations of Minnesota statutes, in this case the one governing the state’s lobbyist disclosure requirements. Board investigations of statutory violations are generally triggered by public complaints. If a violation of statute is found by the board, it could lead to a civil penalty.

ALEC counts some 2,000 legislative officials nationwide among its members. In Minnesota, that includes about 30 members — all Republicans, according to state chair Kiffmeyer – in the state House and Senate and at least one federal member, Rep. Erik Paulsen. The group has drawn criticism from some who say it allows corporations to lobby lawmakers and write legislation without disclosure.

Common Cause Minnesota connected the group to legislation recently introduced in Minnesota, including bills that would undermine greenhouse gas restrictions and shield large food companies from consumer lawsuits.

ALEC is sometimes viewed as secretive because it doesn’t disclose its membership, although leaked ALEC files and individual confirmations by the Minnesota Independent have provided a partial picture of some Minnesota lawmakers that are involved.

Are you a member of the legislature or legislative staff with knowledge of ALEC’s work in Minnesota? Send us an email: jcollins@minnesotaindependent.com.

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Comments

8 Comments

T-Paw
Comment posted August 11, 2011 @ 10:37 am

Corporations are taking over this country and stealing away our democracy with help from 99% of Republicans and 25% of Democrats. The most annoying thing is no Tea Party idiots will read this article because it features words with over 5 letters and the crimes can’t easily be pinned on a Muslim or a black guy. My advice would be to entitle this article “Radical Black Terrorist Group Alec Violates Minnesota. – Is it Obama’s fault?”


Disgusted American
Comment posted August 11, 2011 @ 11:50 am

ALEC is a Business ( a Prison Business) the More people people in Prisons, the MORE ALEC makes $$$ …and the More Prison Labor is avail. ..whats happened to Murikkka????


P. Wemmler
Comment posted August 11, 2011 @ 9:50 pm

Jon Collins, your reporting on this topic is awesome! Please keep up the good work!

“Educational seminar,” yeah right. These weasels are shameless. They are distributing pre-written ALEC legislation to lawmakers, but somehow expect us to believe that isn’t the same as “communicating with officials to advocate a particular legislative position.”


Virginia Simson
Comment posted August 13, 2011 @ 1:16 am

It might be respectful to mention that USuncut Minnesota and Women Against Military Madness (WAMM) has led the fight against ALEC for the entire legislative session.
My blog has spent hours, weeks, months trying to expose people to the horrors AND illegality of ALEC.

It is not enough to KNOW about ALEC – the DFL, the unions, THE MEDIA AND the professional poverty industry is highly aware of it in Minnesota and do nothing about it.

What is important is to find out WHO IS RESPONSIBLE for government accountability in Minnesota and DO SOMETHING ABOUT IT for the dangers of the legislation that they are ramming in IN SECRET is damaging to our entire states health on all levels.

Call them out. We will be having another organization meeting soon to discuss our next steps and how to force the issue of avoiding taxes and registration can be remedied. I called Lori Swanson and got NO WHERE, which is unacceptable. My complaints as a citizen – from this issue to having Tom Emmer’s online goons (including the Koch Industries) is NOT acceptable.

http://www.USuncutMN.blogspot.com is an archive on ALEC corruption. Take a look.

If we cannot get recalls of these horrendous legislators (and we can’t recall Paulsen) – then we surely must make sure Kiffmeyer and Gen Olson are recalled. Gen Olson was the one ALEC member who hacked up benefits to education and Veterans Affairs. FOR SHAME on them all.

http://usuncutmn.blogspot.com/2011/08/do-it-now-dossier-call-mn-alec-members.html

The women who are ANGRY at ALEC are ignored by the press. It is right and fitting we should be LIVID here in MN, as they are in Wisconsin. We’ve been “played” even worse than over there, as citizens will come to see. This is a case much like Michigan, but by insisting they pay as lobbyists will make the corruption come to light much more quickly.

As the Pioneer Press and the Star and Tribune WHY they ignore this. They say it isn’t a moral issue! Can you believe it??


Lazercat
Comment posted August 14, 2011 @ 12:01 am

Spread the word about ALEC….we need to stop the Corporatizing of America…


jonerik
Comment posted August 19, 2011 @ 8:53 am

I wonder why ALEC’s sponsorship of these forums in places like New Orleans is not also covered by the Campaign Finance Board’s ruling and why ALEC is not subject to gift bans to legislators? Maybe ALEC’s “unique organizational structure” was designed precisely to circumvent these laws to engage in thinly veiled bribery.


Jana Bouma
Comment posted September 14, 2011 @ 12:22 am

Here is my letter to the editors of area newspapers. Pass it on!

Dear Editor:

As part of the mainstream press, please cover the secretive agenda and tactics of the American Legislative Exchange Council (ALEC), a consortium of corporate leaders and state legislators. This organization, which does not register as a lobbying group, nonetheless drafts “model legislation” that is often introduced by its legislator members in their home states. According to the Minnesota Independent, as many as 30 Minnesota legislators are members of ALEC, and the group appears to have recently violated the lobbyist-registration guidelines of the Minnesota Campaign Finance and Public Disclosure Board. (http://minnesotaindependent.com/86009/alec-likely-violated-minnesota-campaign-board-ruling)

ALEC’s secrecy and tremendous influence are a serious threat to the liberties of all Americans, and to the fundamental principal that the American government should work for its citizens. A recent study by Campus Progress demonstrates the group’s influence. The study found that in every state that has adopted voter identification requirements, the proposed law was introduced into the legislature by an ALEC member, often adapted from ALEC-produced model legislation. (http://campusprogress.org/articles/new_evidence_of_alec_connections_in_all_successful_voter_id_legislatio/.)

Americans deserve to know about this powerful group. Please use the power of the press to shine a light on ALEC, its agenda, and its tactics.

Sincerely,
Jana Bouma


Jana Bouma
Comment posted September 16, 2011 @ 6:33 pm

FYI, a version of my letter to the editor (included in a previous comment) appeared today in the Mankato Free Press.


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