Politics in Minnesota: The Weekly Report - Vol. 3, Issue 21 - 11/29/2007

In this issue: Budget Forecast Gloom & Doom; SOS For The SOS?; New McCarthy Commemoration Website; Molnau Must Go: Sonia Pitt Edition; Debate In 62; Director Goldsmith; Bits & Pieces; Lobbyist Watch; Setting the Record Straight .
Budget Forecast Gloom & Doom

Like everyone else, we expect that tomorrow's budget forecast will be nothing but bad news. For a play-by-play on how the forecast will go down tomorrow, check out Publisher Sarah Janecek's story on MinnPost.com. Not included in the story were the politics behind the secrecy and specificity of the budget forecast number. In 1994, GOPer Arne Carlson was Governor, and the legislature was solidly in DFL hands. Democrats thought that Carlson had an advantage in knowing the budget forecast number before they did. Hence, the specific timeline. Also, after the Governor is briefed first thing in the morning, DFL and GOP legislative leadership take turns on which parties get briefed first before the information is released to the public.

The MinnPost story also details which interest groups have been lobbying the Capitol for more money. Those who lobby the Capitol know full well that while tomorrow's number is important, the crucial number is the forecast in February. The February number will drive the actual budget decision-making.

SOS For The SOS?

When it comes to beleaguered DFL Secretary of State Mark Ritchie and his email list acquisitions, Democrats appear to be on Venus and Republicans on Mars. In other words, partisans on each side have wildly different views.

For Democrats, Ritchie's use of email lists acquired on state time and used for campaign purposes is a minor infraction. He could have easily obtained the lists through a legitimate data practices request. Only yesterday, DFL State Party Chair Brian Melendez said that Ritchie "runs the most fair and open elections in our state's history," in a press release dated November 28, 2007.

For Republicans, it's a completely different plot line. As we've noted before, there's the hypocrisy of running against former GOP SOS Mary Kiffmeyer, accusing her of using the office for partisan gain. But much more serious is this week's development in which Legislative Auditor Jim Nobles decided that the information Ritchie had previously provided to his office on the matter was "unreliable" and that further information would be required under oath. As we noted earlier this week on our web site, "You Don't Mess Around with Jim."

Some Republicans are convinced that when all is said and done, Ritchie won't survive. There are three ways that could go down.

First, the Minnesota Constitution provides for impeachment.

Under Article VIII, the secretary of state (like other constitutional officers) can be impeached for "corrupt conduct in office or for crimes and misdemeanors." Obviously, what constitutes "corrupt conduct" could be as difficult as defining what the definition of is, is. Assuming that high hurdle was crossed, the House would need a majority vote to begin the impeachment process, and the Senate would need a 2/3 vote to remove Ritchie from office. Obviously, this won't happen in a DFL-controlled legislature.

Second, Ritchie could be the subject of a voter recall.

In 1996, then-DFL Senator Ember Reichgott Junge and then-DFL Representative Betty McCollum authored legislation that put to the voters a constitutional amendment to create a process to recall elected officials, including any member of the Senate or House, any executive officer, or specified judges (by the way, current GOP governor Tim Pawlenty was a co-sponsor of the bill). Voters overwhelmingly approved the amendment; it passed 1,833,523 to 248,778).

In the recall process, if any voter (let's name that voter, Ralph Republican) wanted to recall Ritchie, Ralph would first have to establish grounds that Ritchie is guilty of serious malfeasance. The Minnesota Supreme Court would have to determine whether Ritchie’s misuse of office is indeed malfeasance. As in impeachment, the operative question becomes defining Ritchie's conduct -- is it malfeasance?

If the court finds the petition to be factually true and sufficient grounds for a recall petition, Ralph then must get his petition signed by no less than 25% of the number of the votes cast for secretary of state in the last general election. For the 2006 general SOS election, that works out to be 534,411 people. At this point, the constitutional amendment calls for the secretary of state -– after establishing the validity of the petition -– to conduct a recall election.

What a hoot. Ritchie ruling on Ritchie?! It never occurred to anyone in 1996 that the official to be recalled might be the secretary of state. That's a constitutional crisis only the Minnesota Supreme Court could sort out.......which, of course, could then be appealed only to the U.S. Supreme Court.

Alternatively, state law provides that the assistant secretary of state (that's now Tom Durand) performs all the duties of the office when the secretary is absent or disabled. So, maybe Durand oversees the process. We're guessing that wouldn't be acceptable, because Ritchie appointed Durand. One Capitol insider told PIM that constitutionally, the secretary of state’s office oversees elections and transference of those duties to another office would be problematic. The insider concluded that, ultimately, the secretary of state’s office would simply have to accept the petition.

At any rate, Ralph Republican would have to be quite ambitious to jump through all the hoops required for him to actually remove Ritchie from office under a recall petition.

Third, what happens if Ritchie resigns?

Back to the constitution. Pawlenty gets to appoint a qualified successor until the next general election (2010).

Finally, what if the Democrats are right...that Ritchie is absolved of all wrongdoing or merely gets a slap on the wrist. 2010 is the election after next, and voters will have forgotten.

State DFL Chair Melendez maintains that Ritchie has done nothing illegal, that no law or rule was broken, and that nothing unethical or dishonest has occurred. He explains Ritchie's "unreliable" information as an absent-minded response while on a cell phone in his car. He said Ritchie publicly took responsibility for his actions afterwards, and views the entire Ritchie scandal as a partisan act of political desperation.

[On a related note. Today, the Senate Republican Caucus asked Ritchie to temporarily, yet officially, transfer his duties to an appropriate deputy until the Legislative Auditor's investigation is complete. Sen. Chris Gerlach (R-Apple Valley) said the request is made in light of the upcoming special election to fill Sen. Tom Neuville's (R-Northfield) seat, in an effort to preserve the perception of a fair, non-partisan election.]

New McCarthy Commemoration Web Site

November 30 is the 40th anniversary of the day then-U.S. Sen. Eugene McCarthy (D-MN) announced his candidacy to run for president. Here is the statement McCarthy made at the time. For our younger readers, McCarthy's announcement was significant because he was the first Democrat to step forward and challenge President Lyndon Johnson's Vietnam war policies. For anti-war Democrats at the time, McCarthy wasn't a flash in the pan. He wasn't some angry guy. And he wasn't just some guy who ran for president a bunch of times. McCarthy was at the top of the Democratic establishment and he left that comfort zone to challenge Johnson on the war. A courageous thing to do, and a lesson for today.

Any time now, this link will go live...a website tribute to McCarthy made possible by his friend and former Minnesota McCarthy for President Co-chair Vance Opperman.

Molnau Must Go: Sonia Pitt Edition

Democrats think Transportation Commissioner Carol Molnau, crept closer to the door when the Legislative Auditor issued a strong report saying that her subordinate, Sonia Pitt, did not have adequate supervision. This comes on the heels of a MinnPost report that the Association of General Contractors' (AGC) legislative committee voted last week to call for the resignation of Molnau as transportation commissioner. Several days later, AGC's board of directors decided that a letter was too combative. Instead, the group has asked for a meeting with the governor. This has become a sticky situation for Governor Tim Pawlenty who, GOP sources say, wants her gone but prefers to have the Senate to do the dirty deed.

Response from House Speaker Margaret Kelliher's office was swift and sharp: "Today's report from the Legislative Auditor regarding MnDOT's emergency manager is disturbing. It found Sonia Morphew Pitt did not have enough supervision. More importantly, it confirmed to me that her actions kept the department from performing at its best during its greatest crisis. The report makes it clear Ms. Pitt's absence from the 35W bridge collapse added to the confusion because it was unclear which MnDOT employee was in charge. While some people worked 48-hour shifts, the department's leadership allowed Ms. Pitt to remain out of state for nearly two weeks. Investigators say those same leaders were intimidated by her behavior and allowed her to receive inappropriate benefits. The findings raise fresh doubts about the ability of those in charge to handle the challenges facing the MnDOT. For some time now, I have advocated for the change in leadership that would give the department a new start. I believe it is time for Governor Pawlenty to become actively involved in charting a new course for MnDOT. Minnesota needs transportation leaders who are not busy deflecting criticism, but rather working to ensure a system of safe road and bridges." DFL Chair Brian Melendez chose brevity, saying that Pawlenty should fire Molnau immediately. Meanwhile the refrain from Democrats echos an auld Irish expression, "Here's your hat, what's your hurry?" believing that a response from the Governor's office is really warranted soon.

MDE's Michael Brodkorb shot from the hip when attributing a Star Tribune letter-to-the-editor headline, which read "Star Tribune an Attack Dog," to PIM DFLer Betty Folliard. Friendly reminder: The paper writes the headlines. Betty titled her letter "MOLNAU V. RITCHIE", referring to press releases sent from state party chairs Brian Melendez (DFL) and Ron Carey (GOP), calling for the resignation of two constitutional officers: respectively, Carol Molnau and Mark Ritchie. The Star Tribune failed to acknowledge Melendez' news while wallowing in Carey's. For Democrats, the question remains: What gives?

Debate In 62

Four DFL Senate candidates, Mike Ciresi, Jack Nelson-Pallmeyer, Al Franken, and Jim Cohen, lined the stage of Roosevelt High School for the Third Congressional District & SD 62 DFL U.S. Senate debate Tuesday moderated by Minnesota DFL Chair Brian Melendez. In general all were passionate, articulate and demonstrated a few key distinctions, particularly on Iraq and healthcare. Cohen called for immediate withdrawal; Nelson-Pallmeyer called for an end to U.S. occupation; while both Ciresi and Franken, talked about timetables and pointed to the complexities of the situation and the necessity to withdraw the troops and prevent chaos in our wake. Franken's manner was laid-back and thoughtful. Ciresi was more commanding than a couple of months ago, drawing from personal experience to highlight his seasoned background and understanding. Nelson-Pallmeyer was poised, had a huge, vocal following and received the most applause all evening. All pledged once again to abide by endorsement. Cohen is heartfelt, but still badly lagging the others and not distinguishing himself in the crowd. The amazing thing about it all is that on a freezing night, this early in the U.S. Senate race, the auditorium was packed, causing some to think they should charge for all this entertainment.

Director Goldsmith

The Campaign Finance & Public Disclosure Board has named Gary Goldsmith to replace retiring executive director Jeanne Olson. Goldsmith has served as the Board's assistant director and in management analysis. He has also practiced law and worked as head of contracting and purchasing for the Minnesota Historical Society. Goldsmith lives on ten acres in the Sherburne County State Forest and he owns a small perennial plant nursery in Big Lake. We trust all our readers will welcome Goldsmith to the job!

Everyone, of course, will miss Olson, but wish her the very best in the next chapter of her life. If you didn't receive an invitation to Olson's send-off (which will be held December 11), don't hesitate to call LuAnn at (651) 297-7352. If readers don't meet Goldsmith at Olson's retirement, he will be introduced at the Minnesota Government Relations Council annual meeting December 12.

Bits & Pieces

Former State Sen. Ember Reichgott Junge (1983-2000) will soon take over as the Chief Advancement Officer for Lutheran Social Services. The position is being vacated by Jodi Harpstead, who is becoming the organization's Executive Vice President and Chief Operating Officer. Ember's new role, which includes heading up fundraising operations for LSS is a perfect fit for a woman who raised over $650,000 during her run for Congress.

What to do about Iran? The Center for the American Experiment will be holding the Luncheon "IRAN: What Should the United States Do?" December 4th from 12:00 p.m. to 1:30 p.m. in Solera's Catalonia Room. The program, hosted by Professor John Radsan, will focus on Iranian threats to American's security and national interests. CAE is optimistic that C-SPAN will record the proceedings.

U.S. Rep. Maxine Waters (D-CA35) will speak at the Minnesota Women's Political Caucus Annual Luncheon. Waters, the staunchly liberal nine-term California Congresswoman will be speaking at the annual Minnesota Women's Political Caucus Luncheon on December 7th at Grave 601 Hotel in Downtown Minneapolis.

The State of Minnesota Conservatism Conference, happening this Saturday, is expected to be a "Who's Who" of the political right. Annette Meeks, president of the newly created Freedom Foundation of Minnesota, has put together an all-star cast of speakers including Governor Tim Pawlenty, Senator Norm Coleman, political analyst Michael Barone, pollster Tony Fabrizio, radio personality Jason Lewis, and former Congressmen Vin Weber. Attendees will spend the day rubbing shoulders with elected officials, brainstorming with activists and networking with political leaders. The discussion will revolve around the past and present of Minnesota politics, with an emphasis on how members can affect the future of Conservatism. Here's more information on the event. The Freedom Foundation of Minnesota plans to make the conference an annual event. Their other projects include a website dedicated to policy solutions, published issue summaries, Continuing Legislators Education (CLEs) events, and a list of "100 Good Ideas for Minnesota's Future."

Looking for something to do this holiday season? Well, if you have sat or stood through the Holidazzle Parade one too many times and would like a change of pace try signing up for MN Progressive Events. MN Progressive events is a mailing of progressive events around the Twin Cities and outstate Minnesota.

Congrats to Sen. Sandra Pappas (D-St. Paul) and Rep. Tom Rukavina (D-Virginia) ,who were honored by the University of Minnesota Alumni Association as 2007 Legislators of the Year. Citing their passion and knowledge, UMAA national president Tom LaSalle labeled the pair as “true champions of higher education.” Both Pappas and Rukavina advocated for a hold on tuition increases, state funding for higher education and the need for competitive faculty salaries. UMAA membership totals 64,000.

On December 6th at noon the Downtown Discussion Group will feature Joel Kramer, former publisher of the Star Tribune and current CEO & Editor of the web-newspaper MinnPost.com, for an eye-opening talk about how web-based media is changing our region's news coverage and transforming the meaning of journalism. The Downtown Discussion Group is a valued component of the DFL Education Foundation's ongoing efforts to educate and inform the public, and is open to all. BYO lunch -- coffee and soft drinks provided, at Fredrickson & Byron Law Firm, 200 South 6th Street, 40th Floor, Minneapolis.

U.S. Senator Norm Coleman (R-MN), in his official capacity, spent the days preceding his Thanksgiving holiday knocking off a few more counties towards his goal of visiting each of Minnesota’s 87 counties in 2007. This PIM reporter visited with him at the Fifth Street Grill in Pine City on November 20th (Pine County is 78th on the list) over tasty deep-fried mac-and-cheese wedges. Coleman left St. Paul at 6:30 a.m. and planned to hit five counties in central Minnesota before returning to St. Paul twelve hours later. Topics of conversation included the foreclosure crisis, local government funding and health care. Staffers say Coleman plans to complete his tour of the state by November 29th, a day earlier than last year’s completion date.

We’ve all noticed the increase in "marathon campaigning" this season, and political analyst Norman Ornstein (who received his B.A. from the University of Minnesota) will be explaining it and the potential impact on the 2008 Presidential election in his presentation, "American Politics R Rated: D.C. Deadlock Meets Campaign Marathon." Ornstein, of the American Enterprise Institute for Public Policy Research, will be at the Humphrey Center on Monday, December 10th from 4:30 to 5:45 p.m. There is no charge and no need to register. For more information, call (612) 625-2530 or check the web.

Our deep condolences go out to the family and friends of Tom Reagan of Gilbert, Minnesota, who until 1992, was chief of staff for U.S. Rep. Jim Oberstar's (D-MN8). Tom was an iron miner, a WWII vet, and a teacher before running Oberstar's very first campaign for U.S. House of Representatives in 1974, then he stayed with Oberstar for 18 years. In 1991 he became a member of the University of Minnesota Board of Regents and served as chairman. Tom also chaired the Northeast Minnesota Taconite Enhancement Committee. He will be truly missed.

Senate District 51A has a new face in the race: Shawn Hamilton from Blaine has announced his candidacy and is seeking endorsement from the DFL to replace Rep. Scott Kranz (DFL-Blaine) who is vacating the seat. Scott will undoubtedly come with strong Labor support since he is currently employed by the International Brotherhood of Electrical Workers Local 292 as an electrician.

Endorsements are lining up in the 3rd Congressional District race. Iraq vet Ashwin Madia (Madiaforcongress.com) was endorsed by VoteVets.org PAC, which was "founded in 2006 by Iraq and Afghanistan Veterans, supports other Iraq and Afghanistan Veterans running for public office, and works to defeat those politicians whose votes and words undermine our nation's troops and veterans." Meanwhile, Sen. Terri Bonoff (DFL-Minnetonka) (TerriBonoff.com) racked up many endorsements from DFL senators and reps, mainly from Minneapolis and the west metro area. In addition, this week it was announced that Bonoff bagged a whopper, the Emily's List endorsement. That is the 500-pound gorilla when it comes to money flowing into the 3rd for her. Gavin Sullivan (GavinSullivan.com) of Eden Prairie also threw his hat into the race, and demanded Bonoff debate him via his website on December 1st at Brookdale Library.

GOP Rep. Ron Erhardt (R-Edina) now faces a GOP primary challenger in Keith Downey (KeithDowney.com), an experienced businessman and consultant. Downey, who currently leads the Minnesota consulting office of Virchow Krause Co., hopes a fresh face in the State Legislature will help bridge the left-right divide.

Sen. Tom Neuville (R-Northfield) just got himself a district judgeship, as first reported by TPT's Mary Lahammer on her blog. Former GOP Northfield Rep. Ray Cox, who was narrowly defeated by Rep. David Bly (DFL-Northfield) in 2006, announced he was running to replace Neuville. DFL Party Chair Brian Melendez criticized the holiday election schedule, saying that traveling students and others will have less interest or ability to vote during the hectic time. (If only Iowa would stay away from January 3!) This makes things 'fluid' in SD25. As statewide and national polls indicate, it's a lousy time for Republicans to be running for anything; Dems noted that Governor Tim Pawlenty disguised the election by tucking the primary (December 18) and the General (January 3: Iowa Caucuses day) into the holiday season. No one's running yet on the DFL side.

We've been remiss in not congratulating Patti Cullen. Care Providers of Minnesota promoted her to president and CEO. Cullen replaces Rick Carter, who retired.

Crime and Justice takes on the prison-industrial complex: Incarceration creates economic benefits for certain sectors of society, while tending to repress the economic potential of the social networks around those incarcerated. In other words, the huge minority male population rots away in Minnesota prisons, funneling cash to vested interests, while damaging the inmates' families ability to succeed economically. This pattern has been dubbed the "prison-industrial complex," especially when private companies like Wackenhut operating prisons profit from lobbying for harsher sentences. More slammer time is more profit. In California, the powerful prison guards' union fights hard against any moves to contain their explosively lucrative racket. The Council on Crime and Justice group recently released a major review of the criminal justice system dubbed "Justice, Where Art Thou? A Framework for Minnesota’s Future", with a final report (PDF) and opinion papers. U of M Prof. Rose Brewer, Ph.D. weighed in with an extract of depressing statistics at MinnPost, "Black families imperiled by the growth of nation's prison industrial complex."

TheUptake.org, a new video-blogging group, dispatched a team to join the Republican CNN YouTube debate audience. Minnesota GOP Chair Ron Carey didn't like the debate format too much, nor how a gay brigadier general's video seemed to "filibuster" the proceedings. Interestingly, a very large slice of attendees were supporters of U.S. Rep. Dr. Ron Paul (R-TX14), and when the hosts of the event (from AM 1280 The Patriot) asked the audience if they'd vote for Paul as a third-party candidate, there was a raucous positive response. Paul also handily won a straw poll with 45% of the vote.

Despite the mainstream media's steadfast refusal to frame the maverick Dr. Paul as a plausible candidate, his ample bank account says otherwise. The strong activist ground game which recently caused Paul supporters to outnumber Rudy Giuliani supporters at Giuliani's own Iowa appearances, spilled over into Minnesota debate attendance. PIM has heard from Paul supporters that they plan to invite the often-independent-leaning Paul brigades to storm the GOP caucuses. With Minnesota's open caucus rules and with GOP caucus turnout likely to be more demoralized than usual, it seems quite plausible for Minnesota's flinty ex-Ventura segment to seize a few caucus victories from the more conventional party rank-and-file. While Paul seems a long-shot for victory, and the caucus winner takes all delegates, a good showing would still make a big statement.

U.S. Sen. Amy Klobuchar (D-MN) arrived to a packed house at the Minneapolis Club for her second annual Women In Power Breakfast at the Minneapolis Club. She highlighted much of her work in her various committees, and was amused at one appointment she did not request: what she called the Ocean's Subcommittee, where she discovered that she was the only senator on it whose district did not touch an ocean. Her topics ranged from global warming to healthcare to infrastructure to Iraq and more and she shared anecdotes from her travels. In Klobuchar's own inimitable style, her talk was laced with anecdotes about how her family is adjusting to Washington, D.C. Her husband, John Bessler, has less time now to spend as a member of the Senatorial spouse's club since accepting his new teaching appointment at Georgetown University School of Law. Congratulations, John!

Lobbyist Watch

From the Minnesota Campaign Finance & Public Disclosure Board:

Politics in Minnesota: Setting The Record Straight:
Comedian Tim Allen's career isn't what it once was, but in headier days he dominated the media. A reader wrote us that "The comment that Jane Fonda was the first person to have a #1 movie and #1 book at the same time is not quite right. In 1994, Tim Allen had the #1 movie (The Santa Claus), a #1 best seller (Don't Stand Too Close to a Naked Man) and the #1 TV show (Home Improvement)."