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Tuesday, November 17, 2009

Brad Bourn should forfeit office

Re-posted/excerpted from Steve Jecha’s blog: http://stevejechaforparks.blogspot.com/

(Steve is a candidate for District 6 Park Commissioner. That district had four candidates and Brad Bourn received 48% of first-choice votes. Here is a summary of total (1st, 2nd, and 3rd-choice) votes each candidate received.
Brad Bourn 5,398
Meg Forney 5,387
Steve Jecha 2,624
Geneva Hanvik 1,342
We show this simply to illustrate that it is a close race.)

Brad Bourn sent out a post card in the final few days of the election which declares prominently that he is endorsed by both Senator Dibble and House Rep Hornstein. HE WASN'T.

Chapter 578 of the campaign laws regarding fair practices states:Sec. 2. [211B.02] [FALSE CLAIM OF SUPPORT.] A person or candidate may not knowingly make, directly or indirectly, a false claim stating or implying that a candidate or ballot question has the support or endorsement of a major political party or party unit or of an organization. A person or candidate may not state in written campaign material that the candidate or ballot question has the support or endorsement of an individual without first getting written permission from the individual to do so.So, note the second sentence. This does not bode well for candidate Bourn as he admittedly (on his website) has stated his wrongdoing. So, what are the consequences (I am not a law expert...so you have been warned!) of making a "False Claim of Support"? If I read the campaign laws correctly, this is a misdemeanor - with the potential of 90 days in jail or a fine of $1,000. No one wishes this on anyone.

Sec. 17. [211B.17] [FORFEITURE OF NOMINATION OR OFFICE; CIRCUMSTANCES WHERE NOT FORFEITED.] Subdivision 1. [FORFEITURE OF NOMINATION OR OFFICE.] Except as provided in subdivision 2, if a candidate is found guilty of violating this chapter or an offense was committed by another individual with the knowledge, consent, or connivance of the candidate, the court, after entering the adjudication of guilty, shall enter a supplemental judgment declaring that the candidate has forfeited the nomination or office. If the court enters the supplemental judgment, it shall transmit to the filing officer a transcript of the supplemental judgment, the nomination or office becomes vacant, and the vacancy must be filled as provided by law. Bourn's only out is to claim under subdivision 2 that this was a "trivial" error (kind of hard in a high DFL voting area and postcards may have went to all "likely" voters in the 11th hour of the election), or, it was an "accident" (ummm...yeah, the typesetter at the printhouse changed the postcard after we gave final approval to run).

From Brad Bourn’s Facebook page

Brad Bourn for Minneapolis Park Commissioner District 6: A recent mailer sent out from my campaign included a mistake. Please visit bradbournforparks.org for the correction. Thanks and good luck to us all on Tuesday! Only a few more days!”
November 1 at 4:43 pm

From Brad Bourn’s website (in tiny print at the bottom)

“Important Update: 11-1-09
Many of you may have received or will be receiving a mailer from my campaign. There was a mistake on this mailer that was not noticed before it went to the printer. The mailer listed State Senator Scott Dibble and State Representative Frank Hornstein as endorsing my candidacy. Sen. Dibble and Rep. Hornstein have not officially made an endorsement in this election. I have tremendous respect for Sen. Dibble and Rep. Hornstein and share many of the same values they advocate for at the state level. I accept responsibility for the error in the mailer and apologize for any confusion this may have caused. Our campaign noticed this error and brought it to the immediate attention of Sen. Dibble, Rep. Hornstein, and my opponent. My opponent made a similar mistake a few weeks ago in a screening with the Star Tribune and was quick to clear up her mistake as well.

We are running a very positive, issue focused, campaign. We will continue to advocate for the values so many of us share. I am proud to be your DFL, Labor, and Sierra Club endorsed candidate for our independent Park Board, District 6.

Thank you for your continued support and good luck to us all!”

From Brad Bourn’s website (in normal-size print at the top):

“I'm for transparency and increased citizen input.”

Our advice to Brad Bourn: This is the first test of your ethics. There are only two potential options. Forfeit your office to the next-highest vote getter, or ask for a repeat election with voters knowing the truth.

175 comments:

  1. Give me a break! If you think that post card was the reason Brad won, you're kidding yourself.

    The guy noticed the mistake and let people know about it before the election. Steve Jecha is a little obsessed with Brad Bourn, as is this blog apparently...

    You guys just can't handle a loss can you?

    ReplyDelete
  2. I live in Fulton. I never met Brad Bourn, but I voted for him because Scott and Frank endorsed him. I know Scott and Frank very well, Frank going back to his Jewish Community Action days. I was not persuaded by his other endorsements as I know the city politics are nutty. And many of them did not live in the district. Perhaps Brad did not win because of that postcard, that is not the point. The point is he violated the law, and clearly needs to forfeit his office as a result.

    ReplyDelete
  3. I can't comment on whether or not their was a violation. What I can comment on is the inaccurate statement calling this election "a close race." Bourn was only about 100 votes shy of winning on the first ballot. http://www.ci.minneapolis.mn.us/elections/pd06-web.asp

    In a 4 way race, he had almost half the votes on the first ballot. That is a walloping, a landslide, or....a clear mandate by voters to lead. It is completely inaccurate and misleading to total everyone's first, second, and third choices. Of course, weaker candidates like Jecha, Forney, and Hanvick will have more second and third choices....That is because so few people wanted them or more accurately, wanted Bourn.

    ReplyDelete
  4. Some of you just don't get it. In reading Jecha's blog it becomes quickly apparent that he is pointing out what he sees as unethical conduct under Minnesota election laws. He doesn't assert what Bourn should do one way or the other, but leaves that to the reader to decide. I read through it, and I have decided that a law was broken and under those laws, Bourn needs to disqualify himself or be disqualified.

    To the Bourn apologists that come here, was a law broken or wasn't it?

    ReplyDelete
  5. Brad Bourn did not violate the cited campaign law. The law prohibits a candidate from "knowingly" making a false claim of support or endorsement. When Brad Bourn published the postcard, he was operating under the "mistaken" belief that Dibble and Horstein had in fact endorsed his candidacy. That is not knowingly making a false claim of support. When he was alerted to the fact that he was not officially endorsed by said candidates, he immediately published a correction with an apology. Therefore, this certainly is not the open and shut case as depicted by Jecha. I am a licensed attorney who has reviewed many campaign finance and ethics cases. At the very worst, this was a "trivial error." Trust me.

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