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Anti-deception bill defeated

Published (2/27/2009)
By Nick Busse
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With Rep. Nora Slawik watching, Stephan Flister, assistant to the Maplewood Voters Coalition board, testifies before the House State and Local Government Operations Reform, Technology and Elections Committee Feb. 19 in support of a bill, sponsored by Slawik, which would prohibit deceptive names of candidates, political committees and political funds. (Photo by Andrew VonBank)A House committee voted against a proposal to ban the use of “deceptive names” in political campaigns.

Sponsored by Rep. Nora Slawik (DFL-Maplewood), HF255 would prohibit candidates, campaign committees and other political entities from using names that are “deceptively similar” to a name already used by a candidate or political entity in a deliberate attempt to confuse voters.

Slawik gave the example of a group called the “Maplewood Voters Coalition.” She said a competing group with opposing views sent out negative mailings to city residents under the name “Maplewood Voters” in a deliberate attempt to make people believe they had been sent out by the coalition.

Under the bill’s provisions, such complaints would be referred to the Office of Administrative Hearings, which would conduct expedited proceedings to determine if an intent to deceive was present. Penalties for violations would be similar to those allowed for other fair campaign practices complaints.

The House State and Local Government Operations Reform, Technology and Elections Committee voted 14-3 against the proposal Feb. 19.

Opponents like Rep. Mark Buesgens (R-Jordan) said the bill could open the door to frivolous, politically motivated complaints.

“I ponder whether or not the taxpayer’s league could be prosecuted by the taxpayer’s association,” Buesgens said, referring to a pair of competing Minnesota tax advocacy groups.

Others agreed, saying that deceptive campaign practices are best handled in other ways.

“The problem I have with this bill is that it’s hard to see that someone should have a copyright on the use of the word ‘Maplewood,’” said Rep. Phyllis Kahn (DFL-Mpls), referring to Slawik’s example. She said that in the past, she had dealt with deceptive tactics used against her own campaign by “working harder.”

A companion, SF20, sponsored by Sen. Chuck Wiger (DFL-Maplewood), awaits action by the Senate State and Local Government Operations and Oversight Committee.

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