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.
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4 of 4 2/11/2021, 9:58 AM EXHIBIT 2-1 EXHIBIT 2-2 2019 VOTE DESCRIPTIONS MINNESOTA SENATE SCORECARD
Our Bill # Bill Title Chamber Description 2019 Lifetime position Senator 1 2 3 4 5 6 7 8 9 10-s 11-s Score Score Party District HHS Omnibus Bill A bill that grows spending by nearly $2 Billion; funds the fraudulent child care program; ensures 1 Both Against (HF2414) more tax dollars goes to Planned Parenthood; violates the Constitution's single subject rule Jim Abeler R 35 18% 24% - - - + - - - - - + - Bruce Anderson A bill that makes it illegal to use a cell phone while operating a vehicle unless using a hands free R 29 27% 28% - + - - + - - - - + - Hands Free Bill device; this bill would not solve distracted driving problems and would disrupt the thousands of 2 (HF50) Both Against Minnesotans who rely on mobile devices for commerce Paul Anderson R 44 9% 25% ------+ - Michelle Benson R 31 30% 32% - + A - + - - - - + - Tax on Opioids A bill that creates a new government program and establishes a tax on opioids to pay for it 3 (HF400) Both Against Roger Chamberlain R 38 18% 26% - - - - + - - - - + - Gary Dahms R 16 18% 29% - - - - + - - - - + - Tax Omnibus Bill A bill that is a net increase of taxes on Minnesotans; reinstates the sick tax indefinitely 4 (HF5) Both Against Rich Draheim R 20 9% 24% ------+ - Justin Eichorn R 5 18% 28% - - - - + - - - - + - Housing Debt Bill Both A bill that creates taxpayer liability for debt spending on government housing projects 5 (HF12) Against Paul Gazelka R 9 10% 25% - - A ------+ - Mike Goggin R 21 10% 25% - - - - A - - - - + - Education Finance A bill that expands government spending in public education and offers no monumental Dan Hall R 56 9% 20% ------+ - 6 Bill (HF1) Both reforms to the underperforming school system in this state Against Karin Housley R 39 9% 28% ------+ - Jeff Howe R 13 40% 40% - + + - + - - A - + - Omnibus Legacy A bill that appropriates taxpayer money to wasteful government projects like publicly funded Both 7 Finance Bill (SF3) art Against Bill Ingebrigtsen R 8 20% 29% - + - - + - - - - A - John Jasinski R 24 18% 28% - - - - + - - - - + - Health Insurance Bailout A bill that uses taxpayer money to fund health insurance claims over $50k; sold as a Scott Jensen R 47 9% 24% ------+ - 8 "Reinsurance Bill" Both reinsurance program aimed at reducing health insurance costs. Against (SF761) Mark Johnson R 1 27% 33% - + - - + - - - - + - Mary Kiffmeyer R 30 20% 26% - A - - + - - - - + - Agriculture & A bill that expands government's size and scope and clearly violates the single subject clause of Housing Omnibus Mark Koran R 32 18% 28% - + ------+ - 9 Both the state constitution Against Bill (SF1) Andrew Lang R 17 18% 28% - - - - + - - - - + - Drivers Licenses for Warren Limmer R 34 18% 29% - - - - + - - - - + - 10-h Illegal Immigrants House A bill that allows illegal immigrants to obtain drivers licenses Against (HF1500) Andrew Mathews R 15 36% 36% - + - + + - - - - + -
Vaping Ban in Jeremy Miller R 28 9% 21% ------+ - 11-h Private Businesses House A bill that tells private businesses they have no right to allow vaping in their establishment Against (HF349) Carla Nelson R 26 9% 29% ------+ - Scott Newman R 18 20% 30% - - A - + - - - - + - Gax Tax Increase A bill that increases the state gasoline tax to fund roads and bridges projects throughout the 12-h (HF1555) House state Against David Osmek R 33 36% 40% - - + + + - - - - + - Eric Pratt R 55 9% 29% ------+ - Jasona Rarick R 11 9% 9% ------+ - Gun Control Public A bill that makes it illegal to buy or loan a firearm from somone outside of the immediate family 13-h House Against Safety Bill (SF802) without using a FFL; creates Red Flag confiscation gun program Jerry Relph R 14 9% 24% ------+ - Julie Ann Rosen R 23 9% 25% ------+ - Prohibition on Carrie Ruud R 10 10% 25% - A ------+ - Commerce Dept A bill that would restrict the Minnesota Dept of Commerce from using taxpayer money to file 10-s Senate For Legal Abilities legal appeals that would stop the Line 3 pipeline construction David H. Senjem R 25 9% 21% ------+ - (SF1757) Paul Utke R 2 27% 36% - + + ------+ -
"Lights On" Bill Weber R 22 9% 24% ------+ - A bill that would turn the growth of government on autopilot in case a budget deal wasn't Continuing reached; instead of freezing spending for the next biennium, Republicans chose to increase 11-s Resolutions Bill Senate Against Torrey Westrom R 12 18% 28% spending using the state economist's forecast numbers - + ------+ - (HF2032) Average Republican Senator 17% 27% EXHIBIT 2-3 MINNESOTA HOUSE OF REPRESENTATIVES SCORECARD MINNESOTA HOUSE OF REPRESENTATIVES SCORECARD
2019 Lifetime 2019 Lifetime 1 2 3 4 5 6 7 8 9 10-h 11-h 12-h 13-h 1 2 3 4 5 6 7 8 9 10-h 11-h 12-h 13-h Representative Score Representative Score Party Score Party Score District District
Tony Albright R 55B 62% 44% + - + + - - + - - + + + + Ron Kresha R 09B 25% 24% - - - + - - - - - A - + + Paul Anderson R 12B 46% 41% + - - + + - - - - + - + + Sandy Layman R 05B 38% 37% + - - + - - - - - + - + + Jeff Backer R 12A 60% 48% + A - + + - + - - A A + + Eric Lucero R 30B 100% 85% + + + + + + + + + + + + + Cal Bahr R 31B 100% 82% A + + A A A A + + + + + + Dale Lueck R 10B 43% 33% A - - A A A A - A + - + + Dave Baker R 17B 31% 27% + - - + ------+ + Joe McDonald R 29A 67% 54% + - + + + - + - - + + A + Peggy Bennett R 27A 33% 31% + - - + - - - - - A - + + Shane Mekeland R 15B 100% 100% + + + + + A + + + + + + + Greg Boe R 47B 46% 46% + - - + + - - - - + - + + Tim Miller R 17A 82% 60% + - - + + + + A + A + + + Brian Daniels R 24B 46% 37% + - - + - - - - - + + + + Jeremy Munson R 23B 100% 96% + + + + + + + + + + + + + Kurt Daudt R 31A 82% 52% + + + + + + + - - + A A + Jim Nash R 47A 86% 52% A + + A A A + A - A + + + Greg Davids R 28B 50% 42% + + + + - - - - - A - + + Nathan Nelson R 11B 45% 45% + - - + - - - N/A - + N/A + + Lisa Demuth R 13A 38% 38% + - - + - - - - - + - + + Anne Neu R 32B 83% 60% + + + + + - + A - + + + + Bob Dettmer R 39A 38% 37% + - - + - - - - - + - + + Bud Nornes R 08A 54% 41% + + - + - - - - - + + + + Steve Drazkowski R 21B 100% 96% + + + + + + + + + + + + + Tim O'Driscoll R 13B 42% 35% + A - + - - - - - + - + + Sondra Erickson R 15A 45% 36% + - - + A A - - - + - + + Marion O'Neill R 29B 77% 56% + - + + + + + - + + - + + Dan Fabian R 01A 62% 44% + + - + + - - - - + + + + John Petersburg R 24A 43% 33% A - - A A A A - A + - + + Mary Franson R 08B 62% 52% + + + + - - - - - + + + + Nels Pierson R 26B 46% 37% + + - + - - - - - + - + + Pat Garofalo R 58B 77% 59% + + - + - + + - + + + + + John Poston R 09A 54% 44% + + - + + - - - - + - + + Steve Green R 02B 92% 69% + + + + + + + A - + + + + Duane Quam R 25A 62% 50% + - + + - + + - - + - + + Matt Grossell R 02A 82% 58% + - + + + + + A - + A + + Kristin Robbins R 34A 54% 54% + - - + + - - - + + - + + Glenn Gruenhagen R 18B 62% 46% + - + + - + + - - + - + + Linda Runbeck R 38A 54% 44% + - - + + - - - + + - + + Bob Gunther R 23A 46% 37% + - - + - - - - - + + + + Joe Schomacker R 22A 46% 35% - - + + - + - - - + - + + Barb Haley R 21A 38% 38% + - - + - - - - - + - + + Peggy Scott R 35B 69% 54% + - - + + - + - + + + + + Rod Hamilton R 22B 23% 27% - - - + ------+ + Chris Swedzinski R 16A 54% 41% + - + + - - - - - + + + + John Heinrich R 35A 92% 92% + + + + + + A - + + + + + Tama Theis R 14A 50% 38% + - - + - - - A - + + + + Josh Heintzeman R 10A 73% 52% + - + + + - A - A + + + + Paul Torkelson R 16B 38% 33% + - - + - - - - - + - + + Jerry Hertaus R 33A 90% 71% + A + + A A + - + + + + + Dean Urdahl R 18A 38% 37% + - - + - - - - - + - + + Brian Johnson R 32A 58% 46% + + - + + - - - - + A + + Bob Vogel R 20A 69% 56% + - + + + - + - - + + + + Tony Jurgens R 54B 38% 33% + - - + - - - - - + - + + Nolan West R 37B 44% 39% + A - + - - - A - A A + + Debra Kiel R 01B 71% 43% A + - A A A A - A + + + + Nick Zerwas R 30A 54% 50% + - + + - - + - - + - + +
Jon Koznick R 58A 62% 50% + - + + - - + - + + - + + Average Republican 54% 49% Representative
EXHIBIT 2-4 Field Team Knocks Hundreds of Doors in First Two Days - Action 4 Liberty https://www.action4liberty.com/field_team_knocks_hundreds_of_doors_...
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Field Team Knocks Hundreds of Doors in First Two Days
Posted by Jake Duesenberg 107sc on February 10, 2021 · Add your reaction
We rented a home, hired additional operators, and deployed our field team up 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. You see, when it was easy last year, Con Artist Julie voted the right way. But now when her vote matters and the election is over, she opted to protect Governor Walz instead of protect the liberties of her constituents.
As you probably already know, doorknocking hasn't been easy this week. Temperatures are dipping below -20 degrees. But with extra wood for the fireplace and a bundle of hand warmers, our team isn't missing a beat. They already knocked on hundreds of doors in the first two days, found new supporters of our cause, and most likely, educated people who voted for Julie last November. She has a real problem on her hand if she keeps betraying them!
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1 of 5 2/10/2021, 5:47 PM Field Team Knocks Hundreds of Doors in First Two Days - Action 4 Liberty https://www.action4liberty.com/field_team_knocks_hundreds_of_doors_...
Julie clearly does not support Democracy. Allowing one man to have the power to create unilateral orders that shut down businesses and quarantine us in our homes, is the anti-thesis of a democracy. Because she is protecting Walz, we are now faced with the prospects of a Mask Mandate Bill which is making its way through the Minnesota House.
Action 4 Liberty refuses to let our Constitutional Republic fall because one man declares and endless emergency due to a virus. Our system of government was never designed to allow this to happen. And we will fight everyday to make sure we End Governor Walz' Emergency Powers. Support our field operations and let's take back our state!
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Mask Mandate Bill Gets Hearing in Health Committee on Tuesday
Posted by Jake Duesenberg 107sc on February 08, 2021 · Add your reaction
ALERT: The Health Finance & Policy Committee will be hearing the Mask Mandate Bill (HF604) on Tuesday at 3:00 PM.
As you may recall, last week a group of legislators introduced a bill in the Minnesota House that would make Governor Walz' mask mandate into permanent law. It would require you and me to wear a face covering anytime we are in a public building or business and it would fine us for noncompliance. Business owners who don't comply - well, they face up to 90 days of jail time.
This bill just mirrors what Governor Walz decreed already last summer. But unlike his illegal, unconstitutional and unilateral dictate, this would codify things into law.
It's becoming more clear by the day what these politicians really want - more power over us.
What Can You Do?
Rep John Huot will face a tough election in 2022 and is the Vice Chair of the Committee tomorrow. Tell him to STOP the Mask Mandate Bill, HF604. Governor Walz and the Legislature have no business forcing Minnesotans to cover their faces!
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1 of 6 2/10/2021, 5:51 PM Mask Mandate Bill Gets Hearing in Health Committee on Tuesday - Acti... https://www.action4liberty.com/mask_mandate_bill_gets_hearing
Rep John Huot Phone: 651-296-4306 Email: [email protected]
Here are the other members of the Committee
We Are Holding Vulnerable Democrats Accountable
Action 4 Liberty just deployed a team up north into Reps Julie Sandstede and Dave Lislegard's districts. We hired a full time team of doorknockers and activists who will talk to every voter and find every supporter who shares our view to STOP the Mask Mandate Bill and End Walz' Emergency Powers for good.
Our team will stand on street corners holding signs. They'll organize protests and build a larger activist footprint in their districts. And they'll meet with business owners impacted by Walz' orders and engage them in this fight.
Temperatures in Hibbing this morning were -29, but that isn't stopping our team from getting out and talking with voters. They're just wearing an extra couple layers of clothing.
We will continue taking our message directly to voters in these vulnerable Democrats' districts. They either get on board, kill the Mask Mandate Bill and End Walz' Emergency Powers, or we'll make sure they don't get re-elected in
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2022!
If you're looking for other ways to help, consider contributing to our firewood fund. I never imagined I'd be asking people to pay for wood, but we need to keep our rental home well heated for our team. And the temps are dangerously cold this week.
Help heat the home for a week with a donation of $100. If that's too steep, $50 heats the home for 3-4 days. Want to help even more, consider a one time donation of $1,000 to help deploy another guy on the ground with lit pieces for a week!
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Greg Telste commented 1 day ago Ridiculous, as the Covid cases drop, the hospitalization drops. The restricted continues or get worse….please let’s get rid of this restrictions.
Greg Telste commented 1 day ago Ridiculous, as the Covid cases drop, the hospitalization drops. The restricted continues or get worse….please let’s get rid of this restrictions.
Greg Telste followed this page 1 day ago
Jake Duesenberg published this page in News 2 days ago
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NORTHSTARLIBERTYALLIANCE.COM Rep. Haley Openly Admits Her Bill DOES NOT End Emergency Powers
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Minnesota Business Alliance This is so disingenuous. Her constituents' livelihoods are riding on the lifting of these emergency orders and lock
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Doug Gould This my fellow Americans is a photo of a man that has absolutely no idea how to run a country or for that means he has not one idea of what the h—l he is even doing. 30 Like · Reply · 18h 2 Replies
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Action 4 Liberty 21h · The extreme cold is not stopping our field team up in the Hibbing area. They already knocked on hundreds of voters' doors in the first two days! Every voter will know how Rep Julie Sandstede betrayed them by voting to protect Governor Walz' Emergency Powers.
ACTION4LIBERTY.COM Field Team Knocks Hundreds of Doors in First Two Days Expanding Individual Freedoms by Reducing Government Control EXHIBIT 6-8
8 of 16 2/11/2021, 8:35 AM Action 4 Liberty | Facebook https://www.facebook.com/action4libertymn/
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Dino Wallino When are you doing Mike Sundin's betrayed us District? 5 Like · Reply · 21h 2 Replies
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Action 4 Liberty Yesterday at 7:29 AM · "Minnesota House Republicans laid out a roadmap Monday for lifting the state's coronavirus restrictions on businesses with a goal of letting them return to full operations by May 1." What a joke!
STARTRIBUNE.COM House GOP calls for lifting business restrictions by May 1 Minnesota House Republicans laid out a roadmap Monday for liftin…
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9 of 16 2/11/2021, 8:35 AM Action 4 Liberty | Facebook https://www.facebook.com/action4libertymn/
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Author Action 4 Liberty This is their talking points??? "'When do we change this from a monologue out of the governor's office to a dialogue with the people that this impacts?' asked Republican Rep. Barb Haley, of Red Wing." 21 Like · Reply · 1d
Action 4 Liberty February 9 at 5:55 PM · Mask Mandate Bill does not pass Health Committee, instead gets laid over for inclusion in massive omnibus bill later.
ACTION4LIBERTY.COM Mask Mandate Bill Gets Laid Over, Possible Inclusion in Larger Bill
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Nikki Thompson Thank God...... just do us all a favor in mn impeach Walz and drain this local swamp Only bad thing is what the hell are they going to sneak it in next round 32 Like · Reply · 1d EXHIBIT 6-10
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