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March 29, 2021 Mr. Jeff Sigurdson [email protected]

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March 29, 2021 Mr. Jeff Sigurdson Jeff.Sigurdson@State.Mn.Us MINNEAPOLIS Suite 2200 Charles N. Nauen 100 Washington Avenue South [email protected] Minneapolis, MN 55401-2179 Direct: 612.596.4006 T 612.339.6900 F 612.339.0981 March 29, 2021 Mr. Jeff Sigurdson [email protected] Executive Director Minnesota Campaign Finance and Public Disclosure Board 190 Centennial Office Building 658 Cedar Street St. Paul, MN 55155 Re: Action 4 Liberty Campaign Finance Violations Dear Jeff: We represent the Minnesota DFL and submit this letter complaint on the Minnesota DFL’s behalf pursuant to Minn. Stat. §§ 10A.022, subd. 3 and 211B.32, subd. 1. As set forth below, Action 4 Liberty has failed to register as a political committee pursuant to Minn. Stat. Chapter 10A and has violated the disclaimer requirements of the Minnesota Fair Campaign Practices Act. We request that the Board investigate the violations pursuant its authority under to Minn. Stat. § 10A.022, subd. 3 and assess appropriate penalties for these violations and any other violations discovered in the course of the Board’s investigation. I. Background Action 4 Liberty describes itself as an organization with the mission “to protect liberty for the next generation” by “recruit[ing] pro-liberty candidates for the legislature and equip[ing] them to win their elections.”1 Its actions are overtly political and plainly intended to influence the nomination or election of candidates. Action 4 Liberty’s website includes a scorecard ranking Republican candidates based on their voting records and identifies the candidates “Supported” by Action 4 Liberty.2 The website describes the organization’s efforts to deploy a field team in the Hibbing area “to go door to door to tell every voter in Rep. Julie Sandstede’s district about how she betrayed them and voted to protect Governor Walz’ emergency powers.”3 It also explains that the organization is “holding vulnerable Democrats accountable” by “hiring a full time team of doorknockers and activists” and encourages voters to contact Rep. John Huot who “will face a tough election in 2022.”4 Action 4 Liberty is soliciting contributions to help pay for the heat at 1 www.action4liberty.com/about; Exhibit 1. 2 www.action4liberty.com/scorecard; Exhibit 2. 3 Exhibit 3 4 Exhibit 4 556974.1 Mr. Jeff Sigurdson March 29, 2021 Page 2 the home it has rented to support its field efforts and has purchased “thousands of lit pieces for the week.5 II. Failure to Register as a Political Committee Action 4 Liberty is a political committee. Its scorecard, website, and door knocking activities all are intended to “influence the nomination or election of one or more candidates.” Indeed, the website states that Action 4 Liberty “recruit[s] pro-liberty candidates for the legislature and equip[s] them to win their elections.”6 And, given its efforts to recruit volunteers and hire door knockers and activists, it is self-evident that Action 4 Liberty is an association and not an individual acting independently.7 As a political committee, Action 4 Liberty is required to register with the Board and submit regular reports within 14 days after the committee has made a contribution, received a contribution, or made expenditures in excess of $750.8 Without access to the committee’s records, it is impossible to know the amount of contributions it has received or the expenditures it has made. However, its self-described activities, including the purchase of “thousands of lit pieces,” hiring of staff, and renting a house strongly suggest that the committee’s expenditures easily exceed $750 in 2021. It is unclear whether Action 4 Liberty has registered with the Board. An “Action 4 Liberty PAC” registered with the Board in February 2017 and has continued to file annual reports. The registration identifies the committee’s address as 6043 Hudson Road, Suite 140F, Woodbury, MN 55125, and includes a link to the Action 4 Liberty website. However, as discussed below, there is nothing on the Action 4 Liberty website to indicate whether its campaign activities are funded through the registered committee or some other source. And, although the registered committee and Action 4 Liberty each identify Jake Duesenberg as their Chair/President, they list different addresses for the organization (a Woodbury address for the registered committee and a Lake Elmo address on the Action 4 Liberty website). It is, in sum, impossible for the public to determine whether the Action 4 Liberty’s campaign activities are being funded through the publicly reported contributions to the registered-committee or some other undisclosed source. The bottom line is that Action 4 Liberty must either disclose all of its campaign activities through the registered committee or register a new committee for purposes of disclosing these activities. To the extent Action 4 Liberty asserts that it intends to disclose all of its 2021 activities on the reports for the Action 4 Liberty PAC, this needs to be disclosed through the required disclaimers discussed below. 5 Exhibit 5. 6 www.action4liberty.com/about; Exhibit 1 7 See Minn. Stat. § 10A.01, subd. 6 (defining an association as “a group of two or more persons, who are not all members of an immediate family, acting in concert”). 8 Minn. Stat. § 10A.14, subd. 1. 556974.1 Mr. Jeff Sigurdson March 29, 2021 Page 3 III. Failure to Include Disclaimer on Campaign Material The Minnesota Fair Campaign Practices Act provides that all campaign material must include a disclaimer identifying “the name and address of the person or committee causing the material to be prepared or disseminated in a disclaimer substantially in the form provided [in the Act].” Minn. Stat. § 211B.04, sud. 1. The Action 4 Liberty website, printed literature, and Facebook page all are campaign material and, therefore, must include the disclaimer.9 There is no disclaimer on any of the Action 4 Liberty campaign materials.10 This results in substantial confusion and makes it impossible for members of the public to determine who is funding the activities intended to influencing voting in Minnesota’s legislative races. Additionally, to the extent the activities are “independent expenditures” they must include the additional disclaimer required by Minn. Stat. § 211B.04, subd. 2. And, if they are not “independent expenditures” and, instead, are “coordinated expenditures,” they must be reported as in-kind contributions to the candidate benefitted by the expenditure and are subject to the applicable contribution limits. IV. Conclusion At a minimum and without question, Action 4 Liberty has failed to comply with the disclaimer requirement of the Minnesota Fair Campaign Practices Act. This failure deprives the public of its right to know who is making expenditures intended to influence the voting in Minnesota’s elections and makes it impossible to determine whether Action 4 Liberty has complied with the registration and reporting requirements under Chapter 10A. We respectfully request the Board to conduct an investigation of Action 4 Liberty and assess appropriate penalties for all of the violations identified in this letter or which may be discovered during the course of the Board’s investigation. Please feel free to contact me with any questions. Thank you. Very truly yours, LOCKRIDGE GRINDAL NAUEN P.L.L.P. Charles N. Nauen Enclosures c: Minnesota DFL David Zoll 9 Minn. Stat. § 211B.01, subd. 2 (defining campaign material as “any literature, publication, or material that is disseminated for the purpose of influencing voting at a primary or other election, except for news items or editorial comments by the media”). 10 Exhibits 1, 5, & 6. 556974.1 About - Action 4 Liberty https://www.action4liberty.com/about About Our Mission at Action 4 Liberty is to protect liberty for the next generation. That's why it is important to us to STOP Governor Walz' shutdown powers, which are the largest assault on liberty and small business in modern history. We have a long term vision of turning Minnesota into a Top 10 State for Business. To achieve that, we recruit pro-liberty candidates for the legislature and equip them to win their elections. Our objective is to lead a conservative offense at the Capitol to overpower the liberal agenda that seeks to grow government and reduce freedoms. President - Jake Duesenberg Jake leads a team of patriots at Action 4 Liberty who work around the clock to advance liberty in Minnesota. His professional experience is in financial services, which led him to get back involved in politics in 2012 when major fiscal and monetary issues faced the country. Although economics is his EXHIBIT 1-1 1 of 4 2/11/2021, 9:58 AM About - Action 4 Liberty https://www.action4liberty.com/about passion in politics, Jake is also an avid outdoorsman so gun issues are very important. The entire team at Action 4 Liberty are very strong supporters of the 2nd Amendment. Jake served 12 years in the Army as an infantry officer. He served overseas with the Minnesota Red Bulls in the Balkans and the Middle East. He currently resides in Lake Elmo, Minnesota with his wife and children. [email protected] Do you like this page? Like 89 people like this. Sign Up to see Tweet what your friends like. DONATE Action 4 Liberty needs your help. DONATE NOW PETITION EXHIBIT 1-2 2 of 4 2/11/2021, 9:58 AM About - Action 4 Liberty https://www.action4liberty.com/about SIGN THE PETITION CONNECT You can join us using EXHIBIT 1-3 3 of 4 2/11/2021, 9:58 AM About - Action 4 Liberty https://www.action4liberty.com/about PULSE Debbie Daniels just joined. Action 4 Liberty Like Page 13K likes SIGN IN
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