New commissioner faces campaign violation complaint

 Commissioner-elect Robert “Bobby” Deschampe will take the oath of office on Tuesday, June 13 to become the Cook County District 1 representative. However, as Deschampe prepares to take office he faces a campaign violation complaint.

The complaint was filed by his opponent, James “Jim” Vannet, who says Deschampe did not follow the instructions laid out in the handbook candidates receive when they file to run for office. Auditor Braidy Powers confirmed that all of the candidates in the special election received the handbook, which can also be found on the Secretary of State website.

The handbook outlines a variety of campaign regulations, including the need for a disclaimer on any printed materials. Minnesota Statute 211B.04 requires that the name and address of the person or committee causing the material to be prepared or disseminated appear prominently on the material.

Vannet says 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 submitted a complaint to the Minnesota Office of Administrative Hearings, which oversees campaign complaints, on May 26, about a week before the election was closed.

Reached by phone, Vannet said, “This isn’t sour grapes. I don’t have a problem with not getting elected. The law is the law.”

Deschampe tells WTIP that he did not send the letter. Deschampe said it was sent by a supporter. In addition to compiling and paying for the mailing, the citizen set up a one-page website: robertdeschampe.com. “He was just doing it to help out,” said Deschampe in a phone interview.

The complaint was reviewed by an Office of Administrative Hearings judge on June 1 and a conference call hearing was set for June 8 to determine whether there was probable cause to pursue the case. Deschampe was not able to call in, so Paula Schaefbauer of Grand Portage spoke for him.

WTIP spoke with Marybeth Gossen of the Office of Administrative Hearings who said the hearing was continued to a future date “so the judge could hear from both sides.”

Gossman said it typically takes three days after the hearing for the judge to issue a decision. If the judge finds no probable cause, no further action is taken.

If probable cause is found, the matter would be scheduled for another hearing before a three-judge panel. That hearing would take place either in person at the court in St. Paul or by video conference. The panel has the authority to dismiss the matter, issue a reprimand, or impose a civil penalty.

If the matter goes to the three judge panel, multiple factors are taken into consideration, such as whether the act in question was deliberate and/or if there were multiple violations or if the act was inadvertent and isolated. Possible penalties range from no fine to $1,200 for something that had minimal impact on voters to $2,400 to $5,000 for actions that misled many voters or created an unfair advantage.

Decisions, either at the first hearing or with the panel of judges could be appealed, said Gossman. If an appeal was launched it would take place at the Court of Appeals in St. Paul.

Auditor Braidy Powers said the oath of office will take place on Tuesday, June 13 as planned. Powers said, “We have no official information because any complaints go directly to the Office of Administrative Hearings.”

Gossman said the Office of Administrative Hearings has no authority regarding whether or not a candidate is seated. She said any action taken by her office would be in the form of civil penalties.

“At some point they would notify us if there is any action that we need to be aware of,” said Auditor Powers.