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Citizens calling for a ballot measure to prohibit legal recognition of same-sex marriages, demonstrate their cause near the Minnesota Senate chamber in St. Paul, Minn.
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Activists on Minn. same-sex marriage amendment file as lobbyists
Decision comes amid questions about conservative groups’ work at the Capitol
Published Thursday, 04-May-2006 in issue 958
ST. PAUL (AP) – The group Minnesota for Marriage this week registered three people as lobbyists after questions were raised about their work at the Capitol pushing for a statewide vote on a constitutional amendment to ban same-sex marriage.
Before that, neither Minnesota for Marriage nor a separate group, Minnesota Citizens in Defense of Marriage, had filed as lobbyists despite extensive work in favor of the proposed amendment, which would prohibit legal recognition of same-sex relationships. An April 24 story by The Associated Press examined disclosure practices of the two groups.
Minnesota for Marriage responded to the AP story by issuing a news release saying it would encourage its lobbyists to register even though it considered the two requirements duplicative.
“A committee that advocates for or against legislative passage of a ballot question is potentially required to file disclosure reports as both a lobbyist principal and a ballot question committee,” the group’s attorney, Matthew Haapoja, said then.
“These duplicative and redundant disclosure requirements can easily lead to confusion by those like the committee who are trying in good faith to comply with all disclosure requirements.”
Haapoja also represents the second group, Minnesota Citizens in Defense of Marriage. Jeff Davis, the president of that group, remains confident he has met all of the state’s disclosure requirements by filing as a political committee, Haapoja said April 28.
Minnesota for Marriage spokesperson Chuck Darrell, one of three men to file as a lobbyist from that group the day after the AP story was transmitted, did not immediately return phone or e-mail messages.
Both groups contend that political committees are actually held to a higher standard of disclosure than are lobbyists.
Political committees are required to report itemized contributions and expenditures three times per election year, and once per non-election year. Lobbyists must file two reports per year indicating money spent trying to influence the legislative process through staff salaries, advertising and PR campaigns, preparation of materials and other disbursements. But the organizations that lobbyists represent also must file an annual report.
The political committee requirement is meant to track money raised and spent in the electoral process, while the lobbying requirement is meant to track money spent to influence the legislative process.
Groups are required to file as lobby groups if they spend more than $50,000 a year on the legislative process.
Minnesota Citizens in Defense of Marriage reported its political committee spent $105,937 in 2004 and $48,758 in 2005. Some state senators targeted by the group said they feel they’ve been lobbied, but Haapoja said Davis closely tracked all his spending to distinguish between money spent on lobbying – which didn’t exceed $50,000 in 2004, Haapoja said – and spending on a ballot question.
Individuals must file as lobbyists if they draw a salary for their work, or if they spend more than $250 of their own money on lobbying. Davis says his efforts for Minnesota Citizens in Defense of Marriage are volunteer. He reported personal contributions to his group of $16,600 in 2004 and $2,250 in 2005, but Haapoja said those expenditures were toward working the ballot question and not for lobbying.
Despite the efforts of both groups, the same-sex marriage amendment has never been on a statewide ballot. It can only get there through a vote of the Legislature.
“Until the ballot issue is on the ballot, it’s a lobbying issue to get it on the ballot,” said Jeff Sigurdson, assistant executive director of the Campaign Finance and Public Disclosure Board.
But again, Haapoja said any contributions by Davis or expenditures by the group did not hit the triggers that would have required lobbyist reporting. Most of the money, he said, was spent on educational materials and spreading information about legislators and their views on same-sex marriage, without an explicit call to action.
Davis has said that he expects his group will exceed the $50,000 limit this year and will file as a lobby group for 2006.
Minnesota for Marriage’s press release said the group would work to fully meet both reporting requirements. On April 25, Darrell, Gary Borgendale and Thomas Prichard all filed as lobbyists for the group. It has not yet filed as a lobby group, though its parent organization, the Minnesota Family Council, has long been filed as one.
Additionally, Minnesota for Marriage this week updated its 2005 political committee report with detailed information of its expenditures, information the group had indicated to the campaign finance board in January would be delayed. It includes detailed information about compensation paid to Darrell of $17,675 minus expenses. Borgendale was paid $11,475 minus expenses, and another contracted worker, Mike Tavernier, was paid $7,250 minus expenses.
Any person who earns more than $3,000 a year for the purpose of trying to influence legislative or administrative action, or urging others to communicate with public officials, is supposed to register as a lobbyist with the state.
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