Campaign violation complaint against Deschampe dismissed

District 1 Commissioner Robert “Bobby” Deschampe took the oath of office on June 13, under a bit of a cloud. His opponent, James “Jim” Vannet, had filed a campaign violation complaint.

WTIP learned today that the Office of Administrative Hearing, which oversees election complaints, has dismissed the case.

Vannet’s complaint says Deschampe did not follow the instructions regarding the need for a disclaimer on campaign materials. Minnesota statutes require that the name and address of the person or committee causing campaign materials to be prepared or disseminated appear prominently on the material.

A flyer was distributed to Hovland post office box holders on May 22 urging residents to vote for Deschampe. There was no return address on the letter and no statement saying who had funded the mailing or sent it.

Vannet’s complaint was submitted to the Office of Administrative Hearing on May 30 and on June 1, a few days before the Commissioner District 1 special election took place, the Office of Administrative Hearing agreed that a violation of the law had occurred.

 A probable cause hearing was scheduled for June 20, and at that hearing, the individual who had created and sent out the election flyer spoke, taking full responsibility for the distribution of the materials. The man said he had developed the flyer without Deschampe’s knowledge or assistance. He used his own funds to print the flyer and to purchase the postage. The supporter said he spent approximately $50 to $100 dollars on the distribution. 

On June 23, Administrative Law Judge Eric Lipman issued an Order of Dismissal, which includes the explanation that because the supporter developed and circulated the campaign materials independently, he is not required to register or report under the statutes governing campaigns. 

Judge Lipman went on to say that the supporter’s right to speak as an independent, anonymous voter is protected by the First Amendment of the United States Constitution. 

The judge concluded by saying, “Because Mr. Vannet has failed to establish probable cause that Mr. Deschampe participated in the development of the campaign flyer circulated in Hovland, or that an association of persons spent more than $750 to circulate these messages, this matter should not proceed to an evidentiary hearing.”

As the complainant, Vannet has two business days to file an appeal. He was unavailable for comment on Monday.

In a message to WTIP, Deschampe said he was glad the matter had been dismissed. He said, “Now I can do my job as county commissioner.”