By Lori EhdeJudge Timothy Connell denied a motion by Rep. Doug Magnus to dismiss complaints filed against him following the 2002 general election.Magnus (R-Slayton) is facing charges that he violated Minnesota’s Unfair Campaign Practices Act, but through his attorney, Bill Wetering, Worthington, he asked Connell to dismiss the charges, since they "didn’t violate the spirit and intent of the law."The charges stem from a postcard Magnus mailed on or about Nov. 2, 2002, just prior to the general elections, in which Magnus defeated DFL incumbent Ted Winter for a seat in the Minnesota House of Representatives.The postcard contained general information about Magnus and encouraged voters to support him in the upcoming election. It failed, however, to say who sent and paid for the solicitation, as is required by state law.The law is essentially designed to prevent candidates from publishing unfair information about their opponents under the guise of anonymity.Wetering argued in court June 9 that the literature was about Magnus and was clearly sent by Magnus, even if it didn’t have the disclaimer.He also argued that the complaints were politically motivated, and consideration should have been given to that factor before the case went to court.Connell, however, denied the motion to dismiss the charges in a ruling filed Aug. 15 in Rock County District Court."Elections are the foundation of our system of government," Connell said in a memorandum filed with the ruling. "Whether the office be president of the United States, governor of the State of Minnesota, state representative or county commissioner, our country holds the right to seek election to office as fundamental and important. As such, the state has a compelling interest in controlling and governing elections."Connell agreed that recipients of the postcards could likely assume they were sent by Magnus, but the required disclaimer was clearly not on the mailing."The statute is clear," Connell said in his memorandum. "The Legislature deems it important that all mailings by a political candidate provide the identity of who has prepared and paid for those mailings."Wetering said Monday that Magnus has entered a not-guilty plea to the charges, and he hopes to resolve the case through a plea arrangement."Mr. Magnus has always admitted that a mistake was made. … It was just our hope that since there wasn’t any intention to deceive or hide information, that the court might see fit to dismiss it," Wetering said."I think the thing that Mr. Magnus wanted to point out to the court is essentially that the complaint was orchestrated, and (his political opponents) were using the criminal process as a political tool."The maximum penalty for the charge is a $1,000 fine, 90 days in jail or both.
