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Minnesota Secretary of State under Investigation

By Jordan Deckenbach

Minnesota Secretary of State Mark Ritchie?s office has become embroiled in an evolving political controversy that has now led to an official investigation by Legislative Auditor James Noble. Last month conservative bloggers picked up on a complaint from two Republican activists who received an unsolicited electronic newsletter from Secretary of State Mark Ritchie?s campaign. The activists believed Ritchie?s campaign acquired their names from a sign-in sheet at a state sponsored civic engagement event hosted by the Office of the Secretary of State in April 2007.

When these allegations first surfaced in late October, Secretary Ritchie denied authorizing the use of the civic engagement sign-up sheet and said he did not know how the activist were added to the newsletter mailing list. However, under mounting scrutiny from the local media and political blogsphere, Ritchie now says it was he who asked a campaign volunteer to enter the email addresses from the public event to a list of people receiving a newsletter which he describes as an ?information source on civic engagement in Minnesota?. The political nature of Ritchie?s newsletter is in question as it linked to Ritchie?s campaign website and invited readers to attend political fundraisers and contribute to Ritchie?s 2010 re-election campaign. Ritchie?s quibbling answers on how this occurred have been sited by Legislative Auditor Noble for the reason why he is launching an official investigation.

This incident has resulted in a political roasting of Ritchie by his critics who say he has betrayed his campaign promises of de-politicizing the Secretary of State?s Office, a position charged with overseeing the administration of Minnesota election law at a time when slim electoral margins in 2000 and 2004 stirred controversy over whether the Secretaries of State in Florida and Ohio had abused their position to make political gains for their parties. Pundits across the political spectrum agree that there is an ethical problem with Ritchie?s actions; however, the illegality of the newsletter is unclear. According to Ritchie, the list used is available to the public for use, including political groups and campaigns. Yet Minnesota Statute 211B.09 states that:

?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.? [Emphasis Added]

By Ritchie?s own admission, ?he intended that letter to be apolitical, because the point was to keep those involved in the civil engagement process updated.? If the letter was made as an extension of his official duties as Secretary of State in organizing the civic engagement group, then it looks as if Ritchie was using his official influence to compel people to pay a political contribution which is illegal. If Ritchie was using the newsletter as a campaign piece sent and managed by his campaign, then he very well may have acted within the law.

At this point Ritchie is not under criminal investigation and is only subject to a legislative investigation which aims to produce ideas for legislative reforms and new election laws which Ritchie says he ?looks forward to receiving? and ?implementing?. Any other political or legal blow back for Ritchie remains to be seen.

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Full post as published by The Law and Politics Blog on November 27, 2007 (boomark / email).