On Tuesday, May 12, Dave Bicking filed a Campaign Practices Complaint against the R.T. Rybak for Mayor campaign, alleging a violation of MN Statute 211B.02, False Claim of Support. The Complaint alleges that the Rybak campaign distributed literature claiming the support of Green Party City Council Member Cam Gordon, without obtaining written permission from Gordon to do so.
The next day, the MN Office of Administrative Hearings responded to the Complaint with a determination that the Complaint sets forth prima facie violations, and that the matter will therefore proceed to an evidentiary hearing to be held within 90 days. The date of that hearing will be announced in the next week.
The relevant section of Statute 211B.02 states: “A person or candidate may not state in written campaign material that the candidate or ballot question has the support or endorsement of an individual without first getting written permission from the individual to do so.”
During March and April, the Rybak campaign distributed a four‐page literature piece that included a claim of endorsement from Council Member Cam Gordon (Ward 2) under the heading: “We Support Mayor R.T.Rybak.” The effect of that claim of support is important because it is a part of the claim that the mayor’s reelection is endorsed by all 13 City Council members. This effect is enhanced by a quote from State Senator Scott Dibble, including the sentence: “Mayor Rybak is endorsed by the entire City Council – that’s historic.”
The Rybak campaign website also included a claim of endorsement by Gordon. Gordon’s name was removed from the website after he talked to the Rybak campaign in late March, but the printed literature continued to be distributed for another month.
Dave Bicking says, “I was surprised to see Rybak claiming the endorsement of the most prominent local member of the opposition party. After talking to Cam Gordon and receiving his assurance that he had not formally endorsed Rybak, I decided that the record should be set straight. As a candidate myself, I am familiar with the fair campaign practice laws, and I believe all candidates should follow those rules.”
Bicking further explains his reasons for filing the complaint: “Particularly at a time of increasing consolidation of power downtown, it is unseemly to create an appearance of unanimous endorsement of the mayor by City Council. It would be harmful to our democracy to have no dissenting voices on the Council, or to give the impression that there are no alternatives to the incumbent. We have a nearly one party town; it is particularly important for the Green Party to express an alternative vision.”
In a surprising turn of events, the Rybak campaign has just released a signed document from Cam Gordon giving his permission for the Rybak campaign to list him as a public supporter – but that document is dated May 13, 2009. The law clearly requires permission BEFORE stating a claim of support. Further, the release of that document comes close to an admission that such permission did not exist prior to May 13.
Dave Bicking is a candidate for City Council in Ward 9, recently endorsed by the Green Party. He clarifies, “This is an individual action, though I have been encouraged by others. It is not done on behalf of or with the consultation of Cam Gordon or his campaign, or the Green Party itself, or any other mayoral campaign.”
