Bluestem Prairie

MN23 MNGOP spat: Hanson responds to MN Supreme's Dornink residency case dismissal

Yesterday, we posted a digest of news accounts of the unsuccessful case of MN23: State Supreme Court dismisses Patriot Princess pal's case about Dornink residence.

At the time, none of the sources had posted Hanson's response (above), but Minnesota Public Radio's Brian Bakst updated his coverage of the case, Court says state senator can remain on primary ballot, with part of Hanson's statement:

Hanson, a restaurant owner who says Dornink wasn’t forceful enough in taking on COVID-19 restrictions, has said she believes Democrats will raise their own residency challenge if he wins Tuesday.

“The Democrats, or anyone for that matter, have the wide open ability to file a new petition against Dornink and effectively knock him out,” Hanson said in a statement issued Friday night. “Let’s be honest, Dornink is damaged goods. With the evidence of the petition being unchallenged how can Dornink be trusted.”

Curiously enough, this is pretty much the argument that Jay Duggan made at Rocks and Cows in the July 14 post Dornink Giving Away Mower/Freeborn Senate Seat to DFL?:

If Gene Dornink is disqualified by the court after winning a primary the DFL candidate runs unopposed for MN Senate District 23 and wins, possibly giving the crazy shutdown, mask mandate, school CRT, no bail and no jail DFL a Senate majority. It is also possible courts could order a special election. Rocks & Cows made inquiries to friends and associates in and around Brownsdale. We did not receive any new and unique information, but the reports back mirrored Judy’s observations and inquiries. Reports and opinions that the Dorninks didn’t live in Brownsdale. The most interesting information returned as a result of our inquiry was a fact that should concern all Senate 23 Republican voters. Several folks said Judy and Rocks & Cows were not the only people that had made these series of inquiries, and that several others that had made those inquiries were known to be DFL voters.

Doesn’t look good for the home team. Judy Olson seems to have credible evidence Gene Dornink did not reside within Senate District 23 by the May 8th deadline or during the month after that, Rocks & Cows heard back similar accounts mirroring Judy’s observations, and it appears the local DFL is also inquiring about facts that could strike Gene from the ballot. We can also guess in today’s political world that somebody from the Secretary of State Office was kind enough to forward the DFL a copy of the filed complaint weeks ago. The Minnesota State Supreme Court is going to get the complaint and we shall wait to see what their ruling is. If the Brownsdale house has a municipal water bill showing the court little or no use in May and June going into July, Gene Dornink may yet have Senate 23 voters watching the DFL win unopposed or being forced into a redo special election next year. . . .

. . .In Walz’s “One Minnesota” full of DFL appointed judges that had no problem rewriting election law and jailing folks like Lisa Hanson for selling food in a shutdown, its not very hard to imagine a bad outcome for a Republican senator during a battle for the Senate majority.

Never mind that Chief Justice Lorie Gildea was appointed to the court in 2006 by Tim Pawlenty ad promtoed to chief justice by him in 2010. Nor that her late husband, Andy Gildea, served for twelve months as the Chief of Staff for the New Republican House Caucus. Some folks can't see the swamp for the cattails, we suppose.

Or come up with original arguments. Hanson really ought to give Rocks and Cows credit for this argument.

But as Walker Orenstein pointed out at MinnPost in Supreme Court dismisses challenge to lawmaker in Austin-area GOP primary race, Chief Justice Gildea didn't simply scold complainant Olson for sleeping on her laches. The investigation itself was lackdaisical and spotty:

. . . The court agreed with that argument, saying some delay in filing a petition can be excused because a petitioner needs time to collect evidence in order to challenge a candidate’s residency. “The record here, however, indicates that Olson did not act expeditiously or diligently in conducting her investigation,” says an order signed by Chief Justice Lorie Gildea.

For instance, Olson’s associates visited Dornink’s home in Brownsdale twice within four days of the candidate filing for office. But they waited 18 days to visit again. And then after visiting on June 15 and 16, waited another month to make a final visit.

“Because there were long periods in which Olson and her associates did nothing to investigate, the delay in conducting the investigation was unreasonable,” Gildea wrote. . . .

That's a far cry from the case of Bob Barrett, not of Taylors Falls, in 2016. At the St. Paul Pioneer Press, David Montgomery reported in Lawmaker doesn’t live in district, MN Supreme Court rules; ballot won’t count:

Barrett lists his formal address as a rental home in Taylors Falls, which is in District 32B. But he also owns a home in Shafer, just outside his district. Activists visited his Taylor Falls house 30 times over 15 days this summer and set up a trail camera to try to prove Barrett doesn’t actually live in the home.

They found little evidence the home was used, and that convinced District Judge George Stevenson to find Barrett didn’t live in District 32B. Barrett appealed to the Minnesota Supreme Court, but the justices declined to overturn Stevenson’s findings.

Hanson's friends failed to match that diligence. There's also the other precedence in the Barrett case. Montgomery reported:

The Supreme Court did, however, reject an argument from the plaintiffs that the November election should go forward without Barrett’s name on the ballot. That would have left just Democratic-Farmer-Labor candidate Laurie Warner and a write-in spot for voters in the northeast suburban district. . . .

The court found no reason to overturn the state law providing for a special election when a candidate is declared ineligible within 80 days of an election. In testimony Tuesday, justices were skeptical of the plaintiffs’ argument.

While both Barrett’s and Warner’s names will appear on November ballots, the results from that race will not be certified and voters in District 32B will actually pick their state representative on Feb. 14. The seat will remain vacant until then, with potentially major implications since control over the House of Representatives is being fiercely contested in November’s elections. The next session of the Legislature will begin on Jan. 3 with at least one of its 134 seats vacant.

Perhaps the law has been changed, but as the Wikipedia entry for Barrett notes, "On February 14, 2017, the seat was won by fellow Republican Anne Neu."

Could Hanson run in such a special election? Would Republicans endorse her? We're reading comments earlier posts about the Dornink residency challenge similar to this one from Minnesota First Congressional District Chair, Freeborn County Republican Vice Chair and Albert Lea resident Aaron Farris:

Were DFLers watching the property with the skill of those who went after Barrett in 2016? We also wonder why Hanson's friend Olson and her former campaign manager weren't able to study what a successful residency inquiry is actually conducted.

Related posts:

Images: Hanson's response to the Supreme Court ruling; a comment on Facebook about the challenge from a prominent young Albert Lea Republican activist.

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Posted by Sally Jo Sorensen on Aug 06, 2022 at 03:59 PM | Permalink | Comments (0)

MN23: State Supreme Court dismisses Patriot Princess pal's case about Dornink residence

Since July 14, we've been following the case a supporter of Minnesota Senate District 23 Republican challenger Lisa Hanson was attempting to make about the residency of incumbent state senator Gene Dornink, R-Brownsdale.

On Friday, the Minnesota State Supreme Court brought that challenge to an end. Moral of story: don't sleep on your laches.

At the Rochester Post Bulletin, Brian Todd reports in Minnesota Supreme Court dismisses residency claim against Sen. Gene Dornink:

Gene Dornink remains on the ballot for the Minnesota Senate District 23 Republican primary race Tuesday. And all votes for Dornink will count.

So ruled the Minnesota Supreme Court late Friday, days before the primary race between Dornink, a resident of Brownsdale, and challenger Lisa Hanson of Hayward.

On July 28, 2022, Judy Kay Olson petitioned the Minnesota Supreme Court, asking that the court order Secretary of State Steve Simon and county auditors in the five counties that contain all or part of the new Senate District 23 to remove Dornink's name from the primary ballots. The petition claimed that Dornink did not reside within the district at least six months in advance of the Nov. 8, 2022, general election, which is required by statute.

Dornink, who currently serves in the Minnesota Senate, representing District 27, found himself moved into a newly created District 24 facing Sen. Carla Nelson, R-Rochester. In order to avoid running against another sitting GOP senator, Dornink told news media he planned to move to the new District 23. On May 24, he filed listing an address in Brownsdale.

Dornink and his wife had previously lived in Hayfield.

As part of the petition, Olson claimed that she and investigators had visited both Dornink's home in Hayfield and the new home in Brownsdale several times between May 8, 2022, and July 15, 2022. From their visits, they concluded that Dornink did not live in Brownsdale as he claimed.

However, on Friday, Aug. 5, 2022, Chief Justice Lorie S. Gildea dismissed the claim, mainly on the grounds that laches – an unreasonable delay in making an assertion or claim – applied to the case.

"Olson filed her petition 65 days after Dornink filed his affidavit of candidacy, 35 days after absentee voting began for the primary, and 12 days before the date of the primary," Gildea wrote. "We have acknowledged that 'some' delay in filing a petition challenging a candidate’s residency 'may be excused' because the challenger needs to know more than where the candidate claims to be residing and instead needs to investigate and gather evidence to prove that the candidate is not residing in the district.

"The record here, however, indicates that Olson did not act expeditiously or diligently in conducting her investigation," Gildea wrote . . .

Reporting for Minnesota Public Radio, Brian Bakst reports in Court says state senator can remain on primary ballot:

A Minnesota state senator will keep his place on next Tuesday’s primary ballot after a challenge to the Republican’s residency was dismissed.

The state Supreme Court said in an order Friday that the attempt to strike Sen. Gene Dornink from a race in southern Minnesota came too late after suspicions were first raised and it would create election complications. Dornink’s residency was questioned by people partial to his GOP challenger, Lisa Hanson.

Dornink bought a new house in a nearby town after new district boundaries paired him with a fellow incumbent. He insists he met residency requirements in state law despite allegations he has spent considerable time in his family’s prior home.

Chief Justice Lorie Gildea, who wrote the order, said some delay in investigating and then seeking to remove a candidate is reasonable. But she said the time lapse here went beyond that, noting that those questioning the senator’s living arrangement spread their visits to his property out over a month and then took additional time to file with the court.

Gildea wrote that “unreasonable delay in filing the petition and the substantial prejudice that would result from making a last-minute change to the ballots after they have been printed and early voting commenced, requires that the petition be dismissed.”

The order came about a week after the case was first filed. The ruling appears to speak only to his eligibility in the primary election.

At MinnPost, Walker Orenstein reports in Supreme Court dismisses challenge to lawmaker in Austin-area GOP primary race:

Minnesota Republican Sen. Gene Dornink will stay on the ballot in a hotly contested primary race in the Austin area.

The Minnesota Supreme Court on Friday dismissed a petition that claimed Dornink did not move to Senate District 23 in time to meet residency requirements after his district boundaries changed following the 2020 Census.

Glenville resident Judy Kay Olson had argued Dornink still lived in his Hayfield home while claiming to live in Brownsdale, and she cited as evidence observations and other research by an investigative expert who was recently the campaign manager for Dornink’s Republican opponent Lisa Hanson. Keith Haskell said he visited Dornink’s homes many times between early May and mid July, taking videos, chalking tires on cars to check for movement and observing.

But Dornink, first elected in 2020, argued the accusation was frivolous and without merit. In a legal filing, he said he had lived at his Brownsdale home since early May, enough time to qualify for the November general election and the primary on Tuesday. “My only overnight absences were as a result of legislative service,” said a declaration from Dornink sent to the court.

On Friday, Dornink said in a statement that he was “grateful the court dismissed this baseless case so quickly.”

“I will continue running a positive, issue-oriented campaign,” Dornink said. “I look forward to winning the Primary this Tuesday and the General Election in November.” . . .

We're not sure we agree with the characterization of Haskell as an "investigative expert" but your mileage may vary. We'll keep an eye out for the returns in next Tuesday's primary for this one.

Fearmongering the news: MNGOP Attorney General candidate confused about crime

Bluestem had thought that when moving to tiny Summit, SD, population 288, we'd be shielded from crime. Not so: neighbors and friends have had vehicles stolen regularly since we've called Summit home, and lawnmowers and bikes go missing readily. Violent crime? There's some, but it's a lot more difficult to discover reliable data than it is in more densely populated counties, towns and cities.

Take the City of Minneapolis. There's the Minneapolis Crime Dashboard.

And there's the occasional tweet from the Minneapolis Police Department:

🧵 This year, more than 3,000 vehicles have been reported stolen in Minneapolis. That is about 13 vehicles per day. The nationwide trend of Kia and Hyundai vehicles being targets of auto theft has reached Minneapolis.
— Minneapolis Police (@MinneapolisPD) July 28, 2022

But crime data is only as honest as the understanding and purpose of those who use it.

The screenshot above, of a July 29 post on the Jim Schultz For Minnesota Attorney General Facebook page, seems to be drawn from information in the July 28, 2022 tweet.

As I looked at the Schultz post, I thought that auto theft and car-jacking were indeed horrible in Minneapolis. But then I paused. Are Are motor vehicle theft and car-jacking the same crime?

We reached out via email to the Minneapolis Police Department for an answer to that question. MPD Communications Director Garrett Parten called to let Bluestem that motor vehicle theft and carjacking are not lumped together on the Minneapolis Crime Dashboard nor were they the same crime in releases of information by the Minneapolis Police Department.

Thus, none of the 3000-plus vehicle thefts Schultz bemoans are car jackings.

As we look at the data in the dashboard, we find that the motor vehicle thefts are 3165, while carjackings (a subset of robbery) are 321.

We'll let a criminal defense lawyer's site explain The Difference Between Burglary, Robbery and Theft in Minnesota:

Burglary, robbery and theft are three terms that are often used interchangeably, but they are actually three different crimes. So which of the three is the most serious, and how can you be charged with each crime? We explain the differences between burglary, robbery and theft in Minnesota in today’s blog.

Burglary, Robbery and Theft

Here’s a quick look at what constitutes each of these crimes in Minnesota:

Theft – We’re going to start with the definition of theft because it is helps lay the framework for the other two crimes. Theft is defined as the act of intentionally taking someone else’s property without their permission. It can be taken momentarily or permanently, but if you take it without permission, it is considered theft. The item taken can also be services. For example, while pickpocketing and shoplifting are common theft examples, so too is failing to pay someone for work performed or writing checks that you know will bounce for items or services. Theft of items valued under $500 are usually considered a misdemeanor offense, punishable by up to 90 days in jail and fines up to $1,000. As the value of the items taken increases, so do the charges and potential penalties. Felony theft can results in tens of thousands of dollars in fines and decades in jail.

Burglary – Under Minnesota law, burglary is defined as the act of entering someone else’s home without permission with the intent of committing a crime. The intended crime does not need to be theft in order for the intruder to be charged with burglary, but it is considered the most common reason for entering a dwelling without permission. For example, if you break into someone’s home in order to damage their possessions or hurt them, you’ve committed burglary, among other crimes. Gross misdemeanor burglary is punishable with fines and up to a year in jail, while felony burglary can carry up to 20 years in prison.

Robbery – Robbery is defined as committing theft while using force or the threat of force. Breaking into someone’s house while they are gone and stealing their safe would constitute burglary and theft, but not robbery. However, going up to someone on the street and saying “Give me your purse or I’ll cut you with this knife” would lead to robbery charges. If a weapon is used or the victim is injured by the perpetrator, the charge would be upgraded from simple robbery to aggravated robbery. Felony aggravated robbery is punishable with thousands of dollars in fines and up to 20 years in prison.

Now, no level of crime is acceptable, but we wonder why Schultz invests in transforming statistics about motor vehicle theft into fearmongering about a violent crime.

Schultz is bringing up carjacking in his campaign, as Theo Keith reported on July 12 in Ellison, Schultz clash on crime in Minnesota AG's race. Unfortunately, Schultz's July 29 post reveals that he's not clear about what carjacking is.

And there's one other consequence to Schultz's confusion. At least one of his followers on Facebook interpreted ALL motor vehicle thefts as carjackings, sharing the post on his business's page, Steve Porter Trophy Whitetail.

Now, given that deer farmer Steve Porter served as a Kittson County deputy (and was appointed sheriff in 2017, serving until just after voters elected another to the office in 2018, after which he returned to work as a deputy in 2019), Bluestem would have hoped that Porter understood the difference between motor vehicle theft and carjacking (a subset of robbery). Instead, he asserts in his post that all the 3000-plus vehicle thefts are carjackings:

Nope, there aren't an average of 14 carjackings a day in Minneapolis. None of the 3000-plus auto thefts are carjackings. These guys certainly want to frighten voters.

Screengrabs: From Schultz's campaign Facebook page and Steve Porter's Trophy Whitetail Facebook page. Note: Porter confronted Walz after the gubernatorial debate at Farmfest, claiming to be a farmer the governor had ruined and a retired sheriff. It's not clear in coverage of the episode that he is still in the captive deer business.

If you appreciate Bluestem Prairie, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post.

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Posted by Sally Jo Sorensen on Aug 05, 2022 at 05:07 PM | Permalink | Comments (0)

MN Board of Animal Health: CWD confirmed in quarantined Winona County captive deer herd

It's bad enough to read about West Nile Disease in South Dakota and Minnesota. Or a Deadly rabbit disease confirmed in Hennepin County pet rabbit.

There's more bad news from Minnesota's Board of Animal Health, which sent out this press release on Friday afternoon, CWD confirmed in quarantined Winona County deer herd:

Chronic Wasting Disease (CWD) has been confirmed in a four-year-old doe in a Winona County white-tailed deer herd. This herd has been officially quarantined since October 2020 and is part of the Board of Animal Health’s (Board’s) investigation into the CWD-positive Beltrami County herd. The Board has been working with the Winona County herd owner to collect samples and test them for CWD. The National Veterinary Services Laboratory confirmed the positive results this week.

“This herd is part of an existing CWD investigation,” said Interim Executive Director Dr. Linda Glaser. “We’re now working with the producer and the USDA to develop a plan for depopulation and testing.”

The Board officially quarantined this herd as CWD exposed in October 2020, when CWD was confirmed in a Houston County white-tailed deer that came from the Winona County herd. The investigation then expanded to include a herd in Beltrami County, which was also found infected with CWD in late winter 2021. Both CWD infected herds in Houston and Beltrami Counties were depopulated.

In response to the detection of CWD in another Winona County deer farm, a special hunt resulted in the first detection of CWD in a wild white-tailed deer in Winona County in January 2019. The Winona County herd where CWD was confirmed this week has been double fenced since 2015.

CWD is a neurological disease of the deer and elk family caused by prions and is always fatal. The disease can be spread by both direct (animal-to-animal) and indirect (environmental) contact with infected Cervidae. Prions are shed through saliva, urine, blood, feces, and antler velvet and are known to persist in the environment for years. Additionally, carcass remains from a dead infected deer can serve as a source of further infection to other Cervidae. Consuming meat from CWD infected animals is not advised.

This isn't the first time this herd has shown up on Bluestem Prairie's pages. In our May 25, 2021 post, 5 more MN deer farm herds exposed to CWD; Beltrami carcass dump site inquiry continues, we noted:

Back in April, we posted BAH: Southern Minnesota CWD investigation identifies new infection in Beltrami County .

That location turned up again in May 18's News release: U of M testing finds presence of CWD prions at Beltrami Co. carcass dump site, from the University of Minnesota.

Just in from the Minnesota Animal Board of Health, which has oversight of farmed cervidae in the North Star state, "Additional CWD positives and illegal carcass disposal spur expanded investigation and response in Beltrami County." And the Minnesota Department of Natural Resources has issued its own news release, "DNR stresses urgency in addressing chronic wasting disease in Minnesota."

The duo of press releases underscores the debate in the Minnesota legislature over which agency should monitor CWD in farmed cervidae in the state.

Here's the OAH release:

Twelve additional white-tailed deer tested positive for Chronic Wasting Disease (CWD) in the infected Beltrami County farmed deer herd, five adult does and seven fawns. The Board of Animal Health (Board) first reported this CWD positive herd in April when a 3-year-old doe tested positive for the disease. Earlier this month, the remaining 54 animals in the herd were depopulated by the USDA and samples from each animal were collected and then tested at the National Veterinary Services Laboratories.

The Beltrami County farmed deer herd was initially quarantined in October 2020 due to receiving animals from a Winona County source herd. Among the deer received by the Beltrami County herd was the doe which tested positive for CWD in early April, about 1 – 1.5 years after moving out of the source herd.

During an inspection of the Beltrami County premises following the quarantine of the herd, a Board agent discovered several adult deer and fawn carcasses had been moved by the owner to nearby county-managed tax-forfeit land. This spurred an investigation by the Board, which has been working with the Department of Natural Resources (DNR), Pollution Control Agency, and tribal and local officials to mitigate any potential spread of CWD from these carcasses. Due to test results that indicate CWD-causing prions are on this site, agencies are currently working with the county to build a fence that would prevent wild deer access to the site and reduce the risk of prion exposure. The DNR is following its CWD response plan and is planning to test hunter harvested deer this fall to understand whether CWD is in wild deer in this area. The Board’s ongoing investigation will address possible violations of Minnesota animal health laws.

Of the 12 additional CWD positive animals most recently identified, nine were born on the Beltrami County farm and three were moved to the farm from other Minnesota herds. These herds are considered to be CWD exposed since there is a possibility the animals could have been infected with the disease prior to being moved to Beltrami County. One of the CWD exposed herds (Winona County) was officially quarantined during the Houston County positive herd investigation. The other two CWD exposed herds in Hennepin and Kanabec Counties were quarantined Thursday, May 20. Three additional CWD exposed herds located in Mille Lacs, Morrison and Mower Counties received animals from the Kanabec County herd and were quarantined on Friday, May 21. The Board is working to identify and test animals in all of these CWD exposed herds that resided in a herd at the same time as a CWD positive animal.

Please review the attached diagram for a visual representation of the exposed herds and their connection to one another.

Bluestem has posted a screengrab at the top of this post. Click here to view an accessible version of this diagram, which links to PDFs about each location's details.

We can only pray that the CWD on this Winona County captive deer operation isn't close to any of the deer farms associated with Minnesota Senate Majority Leader Jeremy Miller. Readers may recall how Ricardo Lopez reported for the Minnesota Reformer last May, Senate majority leader’s family ties to deer farming under scrutiny in CWD vote.

It's a terrible, always fatal disease.

Screengrab: The OAH's flow chart of CWD spread to MN deer farms.

Posted by Sally Jo Sorensen on Aug 05, 2022 at 03:44 PM | Permalink | Comments (0)

Accused Cottonwood County organic grain fraudster isn't the only one, SD News Watch reports

Back in July, the Star Tribune reported in Cottonwood County farmer charged in $46 million organic grain fraud scheme:

Federal prosecutors say a southwestern Minnesota farmer reaped up to $46 million in payments selling conventionally-grown corn and soybeans that he told buyers were organic.

The federal prosecutor's office in Minneapolis on Monday announced James Clayton Wolf, of Jeffers, has been indicted by a grand jury with felony wire fraud, saying the rural Minnesota farmer was "engaged in a scheme" that defrauded grain buyers and undermined the nation's organic labeling system. . . .

Now a pair of stories published by South Dakota explores the world of the fraudsters. In Organics Part 2: Fraudulent farmers live lavishly until caught, Bart Pfankuch reports:

Farmers who commit organic grain fraud have shown a propensity to spend big money on lavish lifestyles until the authorities catch up with them.

When Belle Fourche, S.D., organic grain broker Kent Duane Anderson turned to fraud, he made millions of dollars and used the ill-gotten gains to establish a new life in Florida, replete with an $8 million yacht, a $2.4 million new home, $400,000 in jewelry, two new Range Rovers and a Maserati.

Over the roughly six years Anderson bought conventionally grown grain and fraudulently sold it as organic at a huge profit, he amassed about $71 million in proceeds from the ripoff that took place from 2012-2018, according to federal court documents.

Such high-profile fraud cases are significant not only for the enormous amount of money stolen, but also because they have damaged the credibility and integrity of the organic food industry, which relies largely on trust and accurate labeling to ensure consumers get what they pay for.

Organic grains can cost double or even triple the price of grains grown conventionally with fertilizers, herbicides and pesticides at wholesale and retail levels. The high price of organics, which look the same as non-organic products at the point of sale or on retail shelves, make fraud hard to detect and difficult to prosecute.

Missouri organic grain broker Randy Constant engaged in an even larger fraud scam, masterminding a $142 million scheme that enabled him to live a second life in Las Vegas, where he made more than 20 visits and spent money on hotels, gambling and escorts.

According to federal authorities, Constant, 61, sold millions of bushels of conventionally grown grain and falsely labeled it as organic. Constant, who had served on his local school board and was active in his church, took his own life after being sentenced to 11 years in prison in 2019.

In the most recent organic grain fraud case to make headlines, 65-year-old James Clayton Wolf of Jeffers, Minn., is accused of buying non-organic grains and falsely selling them as organic, according to a U.S. Attorney’s Office indictment filed in federal court in Minnesota on July 7, 2022. Wolf also grew crops using pesticides and fertilizers and passed those conventional crops off as organic at the time of sale, the indictment states.

Wolf did not hold a legal grain-buyer’s license but still purchased non-organic corn and soybeans and resold them as organic at a large profit, the indictment states. Wolf provided grain buyers a copy of his organic growers certification to convince them his products were organic when in fact he knew they were not, according to the indictment.

As a result of the scheme, Wolf received more than $46 million in payments from grain buyers from 2014 to 2020, prosecutors said.

In its charging documents, the government seeks forfeiture of almost $6.4 million in Wolf’s bank holdings, tracts of land in Minnesota and Arizona, more than a dozen large pieces of farm machinery and numerous vehicles including two pickup trucks, two semis and two Chevy Corvette convertibles.

Wolf has pleaded not guilty to the charges, his lawyer, Paul Engh, told News Watch.

Documents in the criminal case involving Kent Duane Anderson, reviewed by News Watch, provide an inside view of how a grain fraud scheme was orchestrated. In the file, Anderson signed a letter of factual basis, or a form in which he admits to wrongdoing and spells out the nature of his criminal acts.

According to the court file:

Anderson and his wife, Aimee (who was not charged with a crime) formed Bar Two Bar Ranch in Belle Fourche in 2005 as a cattle-and-hay production business. Later they launched a new set of companies known as Green Leaf Resources that focused more on grain buying and selling.

When Green Leaf was formed, Anderson enlisted his sister-in-law and a college friend as “figurehead executives” to obtain USDA certification as handlers of organic grains. The organic certifications served as “cover” for Anderson’s true actions of buying non-organic grain and selling it as organic. Those two people were not named in the indictment and were not charged as part of the scheme.

Some of the grains Anderson bought were taken to a farm in Tappen, N.D., where an employee of Anderson’s would hold them in storage and await instructions. At some point, Anderson would relabel the gains as “organic” on bills of lading before sending them to other grain buyers.

From October 2012 to December 2017, Anderson’s shell companies bought roughly $46 million in conventional grain and resold it as organic grain for about $71 million. Less than 3% of the overall grain purchases made by Anderson were for true organic grains, the government said.

“As a result of this fraud, the defendant’s business enterprise generated large profits and he accumulated substantial wealth. This enabled him to live an extravagant lifestyle which included the purchase of an $8 million yacht, a $250,000 sports boat, a $2.4 million residence, over $400,000 in jewelry and multiple expensive motor vehicles,” prosecutors said in the indictment.

The court papers do not say specifically how Anderson was caught, but prosecutors included documentation of numerous wire transfers and bank transactions that were later deemed to be connected to fraud.

Anderson faced a 42-count indictment, but he eventually pleaded guilty to one count each of conspiracy to commit wire fraud and one count of money laundering.

Anderson was sentenced in February 2021 to four years in federal prison and two years of probation following his release. According to the Federal Bureau of Prisons website, Anderson began his sentence on March 15, 2021, at the minimum-security Federal Prison Camp in Pensacola, Fla., and is scheduled for release on Oct. 26, 2024.

The court ordered Anderson to pay $150,000 to the government before sentencing and make $15.3 million in restitution to victims of his crimes, which is equivalent to the net profit he made off his organic-grain fraud scheme, court documents indicate. He was also ordered to forfeit many items purchased with money realized from the fraud.

“He’s pleaded not guilty and he’s contesting the entire case,” Engh said.

There's more in Part 1: Fraud and weak USDA oversight chip away at integrity of organic food industry also by Pfankuch.

This material was republished with the permission of South Dakota News Watch.

Photo: Stock image of a cornfield.

If you appreciate Bluestem Prairie, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post.

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Posted by Sally Jo Sorensen on Aug 04, 2022 at 01:42 PM | Permalink | Comments (0)

Retired Roberts County state's attorney Nikolas to fill Democratic spot on District 1 House race

Retired Roberts County state's attorney Kay Nikolas will fill the vacant spot on the ballot in the South Dakota District 1 House race, according to a telephone interview with former state representative Steve McCleerey, who is already on the ballot.

District 1 county chairs picked Nikolas in a meeting last night, McCleerey said.

Nikolas will fill the vacancy left by the withdrawal of Jennifer Keintz from the ballot after the June primary.

UPDATE 8/4: At the Aberdeen News, Elisa Sand reports in Democrats pick former Roberts Co. state's attorney Nikolas as District 1 House candidate:

Aberdeen native and former Roberts County State's Attorney Kay Nikolas has been selected as the second Democratic candidate who will be running in District 1 for one of two available seats in the state House of Representatives.

Nikolas, 69, of Sisseton fills the vacancy left by Jennifer Healy Keintz, D-Eden, who filed a petition as a candidate, but withdrew her candidacy. She was later announced as the lieutenant governor selection for Democratic gubernatorial candidate Jamie Smith of Sioux Falls.

Nikolas was elected by members of the Democratic Party Central Committee in District 1 on Wednesday in Webster, according to a report from District 1 Senate candidate Steven McCleerey, D-Sisseton. The 11 voting members from Day, Marshall and Roberts counties unanimously selected Nikolas for the November ballot.

The process for filling the spot was outlined in Elisa Sands July 21 article at the Aberdeen News, Donnell tapped to fill Republican vacancy in District 1 House race:

Democrats also need to fill a vacancy

Manhart was one of two District 1 candidates who withdrew from the House race. Jennifer Healy Keintz, D-Eden, also withdrew and was later announced as the lieutenant governor selection for Democratic gubernatorial candidate Jamie Smith of Sioux Falls.

Political parties have until Aug. 8 to fill any vacancies for the November election.

While no meeting has yet been held to determine the Democrat to fill the seat, Jennifer Slaight Hansen, vice president for the South Dakota Democrats, said that will be done. At the meeting, members of each county's central committee for the Democratic Party in District 1 will vote on the new candidate.

That's what happened yesterday.

Nikolas retired as Roberts County state's attorney in early January 2021. She has served on boards of area civic and cultural groups, like the Heritage Museum of Roberts County, as well as chairing the South Dakota Board of Pardons and Paroles.

We've left a phone message for Nikolas and will update this post when we have more information.

It's good to see a full slate of Republican and Democratic contenders in this seat. That's a sign of a healthy civic community, however many twists it took both parties to get here.

Related posts:

Photo: The South Dakota House chambers. Credit: Jake DeGroot, via Wikpedia. Creative Commons: CC BY-SA 3.0.

If you appreciate Bluestem Prairie, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post.

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Posted by Sally Jo Sorensen on Aug 04, 2022 at 11:00 AM | Permalink | Comments (0)

Noem hires family member for new Twitter ad campaign; mom biffs South Dakota jobless rate

In Cory Allen Heidelberger's post, Smith Sharply Skewers Lonely Cowgirl Kristi on Travel, Nepotism at Dakota Free Press last week, Bluestem read this in the transcript of South Dakota Democratic gubernatorial candidate Jamie Smith's first ad:

[Hat]: Ridin’ alone—doesn’t she have any friends?

[Cap]: Her staff keeps quittin’.

[Hat, chuckling]: Maybe she should just hire another family member.

The Smith campaign was prescient about one of Noem's latest campaign efforts.

At the Argus Leader on Tuesday, Annie Todd reported in Gov. Kristi Noem's mother joins Twitter in latest ad campaign for re-election:

Kristi Noem's mother has joined Twitter as part of the latest ad campaign for the Republican governor's re-election push.

In the ad, Corinne Arnold, who's handle is @GovsMom, is seen talking with Noem at a kitchen table about the governor's accomplishments.

"I'm texting my friends," Arnold says in the 30-second video, emphasizing South Dakota businesses didn't shut down during the beginning of the COVID-19 pandemic. She also mentioned unemployment and economic rankings.

Noem, however, encouraged the Smithfield meatpacking plant in Sioux Falls to shut down after a severe COVID-19 outbreak at the beginning of the pandemic, and schools were also urged to close buildings and go remote at her recommendation. . . .

And that Twitter account? Corrine tweeted misinformation from the ad:

SD stayed OPEN for business 💼
BEST economy in 🇺🇸 !!!
📉 LOWEST unemployment 📉

All thanks to my daughter @KristiNoem. We gotta #GetTheWordOut in a big way!
— Corinne Arnold (@GovsMom) August 1, 2022

That bit about "LOWEST unemployment certainly came as a surprise. The state of South Dakota's Department of Labor and Regulation Labor Market Information Center Overview of the Current Labor Market webpage notes:

Preliminary estimates show South Dakota's unemployment rate remained unchanged at 2.3% in June 2022. The labor force increased over the month by 1,600 workers (0.3%) to 477,300 workers. The level of unemployed increased by 100 (0.9%) to 10,800 persons unemployed.

South Dakota's June 2022 labor force of 477,300 increased compared to the June 2021 level of 468,600. The level of employed increased by 13,100 (2.9%); the level of unemployed decreased by 4,400 persons (28.9%). The unemployment rate decreased 0.9% to 2.3%.

That's not a bad unemployment rate.

Unfortunately, recent headlines in Minnesota media reveal a different reality. On July 25, the Star Tribune reported Minnesota's jobless rate is the lowest any state has ever had.

At Fox News 9, Theo Keith reported in Minnesota owns the lowest unemployment rate of any state — ever:

Minnesota's 1.8% unemployment rate in June was the lowest ever recorded by a state over a half-century of recordkeeping.

State officials say the low jobless rate is mostly a good thing. But it means employers and hiring agencies need to do a better job connecting with people they've previously overlooked, they say.

Minnesota has 2.7 open jobs for every one available worker. The state's labor force remains smaller than before the COVID-19 pandemic, and population trends suggest that will not change quickly. . . .

But at least Governor Noem got her Positive Pants On Fire honestly. That apple didn't fall far from the tree.

Related posts:

Screenshot: From Smith's ad. Here's the ad in a Jamie Smith tweet:

It's time South Dakotans had a governor they can trust. Someone who focuses on them instead of climbing the political ladder.

I'm Jamie Smith. Let's focus on South Dakota. pic.twitter.com/kml9nLBOwq
— Jamie Smith for SD Governor (@RepJamieSmith) July 27, 2022

If you appreciate Bluestem Prairie, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post.

Or you can contribute via this link to paypal; use email sally.jo.sorensen@gmail.com as recipient.

I'm on Venmo for those who prefer to use this service: @Sally-Sorensen-6

Posted by Sally Jo Sorensen on Aug 03, 2022 at 05:47 PM | Permalink | Comments (0)

Via personal Facebook page: independent candidate vows to challenge Westrom residency

Is it a copycat play or a legitimate challenge?

Just as soon as the residency challenge to Minnesota Senate District 23 endorsed Republican candidate Gene Dornink is under the consideration of the Minnesota State Supreme Court, another Senate conservative candidate has raised the issue of her Republican opponent's residency.

In the Minnesota Legislature since 1997, Torrey Westrom needed to move after redistricting.

In Senate District 12, "We the People" candidate Ashley Klingbeil posted the embedded video on her personal Facebook page late Tuesday afternoon:

The full text that accompanied the video on the Facebook post:

~Fraud, Corruption and Lies Right Here In Our District from Republican Torrey Westrom~

I believe my Republican opponent Torrey Westrom is breaking the law and I don’t believe he’s eligible to run for Senate District 12. He says he lives in Alexandria and I believe that to be a lie and that he actually lives in Elbow Lake. We need to file our petition with the MN Supreme Court this week and we need your help as it’s $550 to file. A brief narrative of our petition is below.

A copy of his Affadavit of Candidacy shows an address located on Lake Mary which he swore under oath that he will have resided at this residency for at least six months prior to the general election. Westrom closed on said property with two other owners listed two days before the six month deadline. Furthermore, the address he claimed to live at is located within an RV park, tax classified as seasonal/recreational and the house is completely vacant to present.

Upon monitoring his Elbow Lake residence over a period of weeks, which isn’t in our district, I’ve concluded he still resides in Elbow Lake and simply lied about his residency. I have all the documentation and evidence ready to file I just need your help to pay the filing fee and service fees. I’m also curious what the Republican Party of Minnesota has to say about this.

Please donate NOW so we can file this week before it’s too late! ——->[fund raising link redacted]

While the We The People candidate has been an enthusiastic presence at parades, fundraising isn't her forte. Her Pre-primary Report to the Campaign Finance Board reveals she raised $1,316.17.

Now, we must admit that we had questions about a reported Senate gerrymandering scheme to help Westrom claim residence in a Lake Ida property, explored in our May post Will 2020 redistricting plan boundary adjustment get snuck in to let Westrom live in lake house?. But that harebrained idea died before it reached the Minnesota Senate floor.

Indeed, in the Alexandria Echo Press, Al Edenloff reported on June 1:

A few other local and state elections will add some spice to the general elections: . . .

Senate District 12. Because of redistricting , the Republican incumbent, Torrey Westrom, moved from his previous address in Elbow Lake and established residency on West Lake Mary Drive in Alexandria. He is being challenged by the DFL-endorsed candidate, Kari Dorry of Ortonville, and an independent candidate, Ashley Klingbeil of Alexandria, who listed her party as "We the People."

On the Minnesota Secretary of State's website, Westrom's candidate filing information includes this information:

Residence Address
4951 W LAKE MARY DR SW
ALEXANDRIA, MN 56308

According to Douglas County Records, that's parcel 27-2010-810, which was sold on a warranty deed (audit May 6, 2022) to David Stamness et al. The appraiser's report indeed says it's a "SEASONAL REC RESIDENTIAL" property.

According to a Coldwell Banker Realty listing online the home was sold for $334,500 (photo at top of post). We learn these details:

Best of all worlds!! 1 Acre with 191 feet of frontage on Lake Mary and privacy. This 3 bedroom home has separate living quarters with kitchens on both levels. Remodeled lower level with walkout, newer furnace, A/C and windows. ...

However, at the Minnesota Department of Revenue, page 2 Completed eCRV ID 1408924 includes this information:

Planned use:

Residential / Single family home

Primary use:

Yes

Prior use:

Residential / Cabin/Vacation Home

We've embedded the document below.

Public Search-eCRVId_1408924-2022.08.02.20.20.00 uploaded by Sally Jo Sorensen on Scribd

We're not sure why the Westroms needed another person to purchase the property, but in this day and age, we're not sure if that is necessarily our business.

Nonetheless, a three-bedroom home seems a bit cramped for three adults and three children.

Here's our mid-June post about Klingbeil's campaign:

#MN12: We The People Party Ashley Klingbeil running way to the right of GOP, DFL candidates #mnsenate #forreal https://t.co/WZQaP6oWk0
— Sally Jo Sorensen (@sallyjos) June 16, 2022

We'll just have to see whether Klingbeil can raise the filing fees--and what the court rules. Since there's not a primary in Senate District 12, we're uncertain whether the Alexandria area realtor can be accused of resting on her laches, as has been suggested of the Hanson supporter in District 23.

Photo: Torrey Westrom's new real estate purchase. We The People candidate Ashley Klingbeil believes she has evidence to prove Westrom does not, indeed, live there.

If you appreciate Bluestem Prairie, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post.

Or you can contribute via this link to paypal; use email sally.jo.sorensen@gmail.com as recipient.

I'm on Venmo for those who prefer to use this service: @Sally-Sorensen-6

Posted by Sally Jo Sorensen on Aug 02, 2022 at 08:50 PM | Permalink | Comments (0)

MN23 GOP primary woes: Dornink strikes back

We've been looking at the Dornink residency question since July 14, when we noticed in the now updated post that MN23: Patriot Princess supporter files residence complaint against Gene Dornink.

We'd observed in part:

As May came to a close, Hanson filed for the seat, we posted in Hanson follows through on challenging Dornink; her campaign manager faces his own challenge.

Now one of Hanson's supporters has filed a complaint about Dornink's eligibility for the seat, claiming that he doesn't actually live in the district. At Rocks and Cows, Jay Duggan reports in Dornink Giving Away Mower/Freeborn Senate Seat to DFL?...

We last posted about the drama in News digest: Dornink residency challenge lands in Minnesota Supreme Court.

There's more in local and state media, mostly about Dornink's response. At the Albert Lea Tribune (and Austin Herald), Sarah Schulz reports in Dornink: Only overnight absences at Brownsdale home were because of legislative service:

State Sen. Gene Dornink on Monday filed a response to allegations that he does not live in the newly formed District 23, stating he bought a home in Brownsdale on March 25 and moved into that residence the first week in May.

“I have resided at my Brownsdale home from that time until now,” he said. “My only overnight absences were as a result of legislative service.”

Dornink, was elected senator of District 27 in 2020, and is slated to face off against opponent Lisa Hanson Aug. 9 in the Republican primary for the newly formed seat, though a petition filed last week by Glenville resident Judy Olson with the Minnesota Supreme Court is asking to remove Dornink from the ballot, alleging he still resides in Hayfield, which is now outside of District 23.

A response to the petition filed by Dornink’s lawyers, R. Rield LeBeau II and Benjamin N. Pachito, states the court should dismiss the petition under laches — an unreasonable delay in asserting a known legal right or claim — being that it was filed 12 days before the primary election, 35 days after absentee balloting began and 65 days after Dornink filed for office.

“Petitioner’s unreasonable delay in filing her petition has caused significant prejudice to Senator Dornink, who resides in the district and has been engaged in extensive campaign activity since redistricting lines were released,” the response stated.

It also causes substantial prejudice to election officials and the primary electorate, the response said.

“Petitioner’s advance notice of Senator Dornink’s intent to run for office placed an onus on her to act expeditiously without delay after Senator Dornink filed his affidavit of candidacy,” the lawyers stated. “Rather than acting expeditiously, Petitioner waited over two months to file her petition.”

New legislative district lines were issued Feb. 15, and Dornink announced his intention to run for the seat Feb. 17. He purchased his home at 104 Northwest Grove S. In Brownsdale and said he moved into the home by May 6.

Secretary of State Steve Simon, in a response filed by Minnesota Attorney General Keith Ellison, said while he takes no position on the merits of whether Dornink should be disqualified, the secretary believes the petition should also be barred by laches. . . .

Read the entire article at the Tribune or Herald.

Resting on one's laches isn't such a great idea. In the nearby Rochester Bulletin, Matthew Stolle reported Monday evening in Petition seeks to kick state Sen. Dornink off GOP ballot; chief justice asks, why so late?:

A complaint filed with the state Supreme Court seeks to remove state Sen. Gene Dornink from the Aug. 9 primary election ballot as the GOP candidate for Minnesota Senate District 23 race for failing to establish legal residency in his new district.

The petition argues that Dornink, a first-term Republican state senator, has not lived in the district he seeks to represent for six months prior to the Nov. 8 general election as required under the state constitution. That failure, it argues, should lead to his name being stricken from the ballot or votes for him not being counted. . . .

Dornink declined to be interviewed for this story, but called the complaint “absurd” in a press statement.

“Maybe these investigators didn’t see me the six times they visited because I am working during the day and campaigning in the evening,” Dornink said.

On Friday, in a court response, Minnesota Chief Justice Lorie Gildea pointedly asked why the petition wasn’t filed sooner and why it shouldn’t be dismissed because of the lateness of the hour. . . .

One of the affidavits in support of the effort to remove Dornink’s name came from Keith Haskell, who served as Hanson’s campaign manager for a time but later resigned, Hanson said.

Haskell describes several journeys to Dornink’s various residences that he says substantiate the claim that Dornink and his family were still living in Hayfield and outside his new district prior to May 8. . . .

But Haskell brings his own question marks as a witness.

According to Minnesota criminal records and a July 29 MinnPost article, Haskell was convicted of impersonating a police officer after giving vehicular chase to two teens who he suspected had stolen $10 worth of snacks from an Owatonna grocery store. He pleaded guilty to a theft charge in South Dakota. Earlier this year, Haskell was cited for driving on a suspended license in Winona.

Last December, Haskell disrupted a school board meeting in Brainerd when he refused to stop speaking when his time was up, forcing the board to take a brief recess. Haskell railed against the board with claims that it was taking away citizens’ rights. He also claimed that masks don't work against the pandemic.

Haskell did not return calls seeking comment. . . .

At the Owatonna People's Press, Anne Harman reported Monday in Petition filed to remove Dornink from primary ballot:

A Freeborn County woman has filed a petition with the Minnesota Supreme Court, asking for the removal of republican State Sen. Gene Dornink from next week’s primary election ballot.

The petition, filed by Judy Kay Olson, of Glenville, alleges Dornink resides in Hayfield, which is outside of Senate District 23, which Dornink is currently listed as a candidate. She is asking Dornink’s name be removed from the Republican primary ballot on Aug. 9, where he is running against political newcomer Lisa Hanson, a republican from Hayward. . . .

Olson’s petition was filed 12 days before the primary election, scheduled for Tuesday, Aug. 9. It was also filed 35 days after the beginning of no-excuse early voting, 65 days since Dornink filed his candidacy affidavit and 161 days since his public announcement of intent to run for office.

Private investigation

According to court documents, Olson hired a private investigator by the name of Keith Haskell to determine whether Dornink indeed moved into the newly drawn District 23. Court records show Haskell allegedly has video proof of Dornink still living primarily at his Hayfield home between May 8 and the filing of the petition on Thursday.

According to the petition, Olson said on May 10 she drove by the Glenville address where Dornink was going to live originally at 78298 150th St. and found no indication Dornink and his family had moved into the property. She then contacted Haskell, who allegedly has had ties to Hanson’s campaign, being paid $3,000 this spring as a “campaign manager employee,” according to public campaign records. . . .

There's more of the same at the People's Press.

We'd hope at some point journalists might check with the State of Minnesota Private Detective and Protective Agent Services to determine whether Haskell has or has ever had a license to be a private detective or investigator in the Gopher State. Details, details.

On the state lever, MinnPost's Walker Orenstein reported Monday in Dornink says ‘frivolous’ filing challenging residency should be tossed:

Republican state Sen. Gene Dornink on Monday asked the Minnesota Supreme Court to throw out a petition challenging his residency in southern Minnesota’s Senate District 23, saying through an attorney that the filing was “wholly frivolous” and not submitted at the proper time.

In a legal filing, Dornink said he has resided at his home in Brownsdale since early May, enough time to qualify for the November general election ballot and the Aug. 9 primary. “My only overnight absences were as a result of legislative service,” says a declaration sent to the court.

Judy Olson of Glenville had asked the Minnesota Supreme Court to remove Dornink from the primary ballot, citing surveillance by her and by Keith Haskell, a former campaign manager for Dornink’s Republican challenger Lisa Hanson. They claimed Dornink wasn’t actually living at the Brownsdale home. Hanson is not a named party on Olson’s petition.

Dornink announced a move from Hayfield after his district lines changed following the 2020 Census. His attorney also argued Olson “unreasonably delayed” filing her claim, which was filed less than two weeks before the primary. That would violate a court doctrine.

State Steve Simon took no position on whether Dornink was a resident of SD 23. But he also said the legal challenge should be “procedurally barred,” according to a filing from Attorney General Keith Ellison. Olson could have filed a petition in May, the AG wrote, when she says purported evidence was first collected.

“Here, Petitioner sat on her rights for over two months before challenging Dornink’s placement on the primary ballot,” the state filing says. “As a result of that delay, her challenge is now in front of the Court after ballots have already been printed, assistive equipment has already been programmed, and voters have already voted for the Senate District 23 primary election.” Early voting has been going on for more than a month.

Olson’s attorney Richard Dahl responded in part by saying Olson had drafted a complaint earlier, in early June, but was “misinformed” by a county attorney and the Secretary of State’s office about how and where to file the petition. (Simon denied this.)

When MinnPost reached Hanson on Monday, she said she believes Olson’s allegations and said Democrats would have tried to remove Dornink from the ballot before a general election if Olson hadn’t filed her petition now. . . .

We had no idea Hanson was close enough to read DFLers' minds, but maybe that's a patriot princess power.

It's not all news of the case in district area media. In the Albert Lea Tribune, voters can learn through a LTE that Law enforcement urges your vote for Dornink on Aug. 9. That group isn't alone: the Coalition of Greater Minnesota Cities rewarded him, Tribune readers learned in Dornink receives First-Term Legislator of the Year Award this week. And North Dakota's coal industry's front group loves him too, the Austin Herald reported in Coalition for a Secure Energy Future honors Sen. Gene Dornink with Energy Champion Award.

Swampy, sure, but not evidence of non-residence.

Under the radar in MN45: Energy & Policy Institute dissects Fowke's utility industry dollars

Suburban voters reading the March 10 article in the Sun Sailor, Kathleen Fowke announces run in Senate District 45 or visiting her campaign website's biography would get the impression that Fowke, the endorsed Republican Senate candidate was nothing less than a person from a hardscrabble background who rose to a comfortable suburban life through an entrepreneurial spirit.

But read Karlee Weinmann's campaign finance analysis for the Energy and Policy Institute, Utility executive contributions surge in Minnesota state senate race, and a much different picture emerges:

Out-of-state utility interests with a history of obstructing climate and clean energy legislation joined with Xcel Energy executives to pump tens of thousands of dollars into a Minnesota state senate race on behalf of first-time Republican candidate Kathleen Fowke – the wife of former Xcel Chairman and CEO Ben Fowke.

Of the $87,760 in individual and lobbyist contributions that Fowke has raised since announcing her run for Senate District 45 earlier this year, $63,100 came from donors with ties to the utility industry, most of whom live and work outside of Minnesota, according to an Energy and Policy Institute analysis of a campaign finance report made public last week. Only 27 of the 120 itemized individual and lobbyist contributions appear unrelated to the utility or energy industries. Forty-two utility-affiliated donors gave $1,000 apiece, the state-mandated maximum.

Factoring in a $100,000 loan she made to her campaign and other contributions, Fowke, a realtor, has $135,747 on hand – the most money banked of any Minnesota senate candidate in a high-stakes election year when every state-level seat is up for grabs. The candidate with the second-most cash on hand is Fowke’s opponent, Democratic-Farmer-Labor (DFL) candidate Kelly Morrison, with $115,838. Morrison, a physician, has served two terms in the Minnesota House, where she is a member of the House Climate Action Caucus and has led on environmental policy.

The District 45 senate seat is open after redistricting shuffled the field and is considered a swing district that candidates from both parties have a shot at winning. Minnesota is the only state with a divided legislature, with Republicans controlling the Senate and DFLers controlling the House, sharpening the focus on tight races. The stakes are also high for utilities, since legislators set policies and determine the scope for regulations that guide utilities’ operations and bottom line.

Money traces to large polluting utilities

Fowke’s campaign finance reads like a who’s-who of executives from utility giants.

The biggest benefactors include Xcel Energy, whose executives and their spouses along with the utility’s lobbyists have given a combined $24,500. Xcel is trailed by NextEra Energy, a Florida-based energy company whose executives have funneled $17,350 into Fowke’s coffers. NextEra is based in Florida but has developed wind projects in Minnesota. It also has a reputation for interfering in state politics to sink consumer-friendly clean energy policy, leading to a series of recent scandals. . . .

Last week, reporters revealed NextEra subsidiary Florida Power & Light (FPL) secretly took control of a Florida news site to promote the company’s narrative. FPL CEO Eric Silagy – who gave Fowke $1,000 – personally instructed others to target a prominent state senator and FPL critic pushing for increased access to rooftop solar. “I want you to make his life a living hell … seriously,” Silagy wrote in an email made public last week.

In perhaps an even more brazen attempt to interfere in state politics, FPL executives – including Silagy – were closely connected to a state election scandal that involved recruiting and funding sham candidates to siphon votes away from incumbent Democrats who fought the utility’s efforts to dismantle rooftop solar policy. Silagy personally communicated with consultants leading the effort, and appears to have personally directed money to the dark money groups funding the scheme.

Also appearing on Fowke’s donor list are executives from a number of other utility giants: American Electric Power, Alliant Energy, Ameren, Dominion Energy, DTE Energy, Edison International, and more. All of these corporations are influential in state politics where they operate, and have significant fossil fuel portfolios – assets they have sought to protect and invest in, despite mounting calls from scientists, policymakers, and the public to increase investments in renewable energy and electrification.

Though Fowke’s campaign platform includes some general language about energy issues – including calls to be “energy independent” and for a “cleaner future” – it is short on specifics. But Fowke has made clear her ties to Xcel, which is routinely among Minnesota’s biggest lobbying forces and a reliable donor to Minnesota Republicans who block clean energy and climate legislation. On her campaign Facebook page in June, Fowke touted a “great meeting with Xcel” and included a photo that appears to show her husband along with Xcel lobbyist John Marshall. It also features the daughter of another Xcel executive, Tony Gagliardo.

Guess voters will have to visit that Facebook page.

All but $500 of Fowke's lobbyist $3,500.00 in lobbyist contributions come from registered Xcel or NSP lobbyists, while her $750 in itemized political action committee (PAC) funds came from two groups. Of that relative chump change that totals $1250, $500 was donated by Dorsey & Whitney lobbyist Michael Ahern:

Mike has decades of experience representing state regulated businesses at the Legislature and before the Minnesota Public Utilities Commission, the Department of Commerce, the Pollution Control Agency and other State regulatory bodies.

Xcel Energy is a Dorsey & Whitney client, according to Client Achievement statements like this one on the law firm's website.

Of the $750 of PAC money on the report, $500 came from the Dorsey Political Fund. Ahern is the chair of the fund. The $500 to Fowke was twice that other Senate Republican candidates received; however, it's worth noting that the PAC's largest contributions are to Minnesota legislative caucus campaign funds. The Republicans Senate Victory Fund received $10,500.00, while the DFL House Caucus got $7,500.00; the house and senate minority caucus campaign committees each were tossed $5000.00.

So why do concentrated individual contributions from one company or one industry matter?

The Center for Responsive Politics standard

Back in 2015, we listened to former state representative Denny McNamara brag about how he was totally independent of any PAC, lobbyist or whatever contributions. He made fun of anyone who might say otherwise.

And Minnesota campaign finance law doesn't measure industry or business concentration of individual contributions.

But the Center for Responsive Politics does look at this factor, Bluestem discovered as we put together our post, Of the loners at the Center for Responsive Politics & McNamara's campaign finance fables:

That sort of loner-hood is the sort of thing that the respected Center for Responsive Politics--which focuses mostly on federal campaign finance and public disclosure issues--describes on its FAQ page in one item in a section on research and methodology:

In tracking campaign contributions from industries, why do you include contributions from individuals, and not just PACs?

CRP is the only organization that invests in categorizing campaign contributions by industry in a way that includes individuals' contributions, not just money from political action committees. Here's the logic behind our methodology: Since corporations and other organizations are prohibited from making political contributions from their treasuries, one must look at the contributions from people associated with the institution to gauge its political persuasion and how it might be trying to exert influence in Washington. Also, the Federal Election Commission requires disclosure of a donor's employer and occupation if they contribute more than $200, which suggests the government is concerned about individuals' economic, or industrial, interests. We know that not every contribution is made with the donor’s economic or professional interests in mind, nor do we assert that every donor considers their employer’s interests when they make a contribution. But our research over more than 20 years shows enough of a correlation between individuals’ contributions and their employers’ political interests that we feel comfortable with our methodology. We have also observed that the donors who give more than $200, and especially those who contribute at the maximum levels, are more commonly top executives in their companies, not lower-level employees.

This methodology, applied on the state level, may be what produces the sense of some that [a candidate or lawmaker] is in the pocket of special interests.

No one has suggested that McNamara takes money from lobbyists or PACs. Instead, loners who accept the methodology of CRP's Open Secrets--and data there is used by both parties in critiquing federal candidates-- agree with this premise:

But our research over more than 20 years shows enough of a correlation between individuals’ contributions and their employers’ political interests that we feel comfortable with our methodology. We have also observed that the donors who give more than $200, and especially those who contribute at the maximum levels, are more commonly top executives in their companies, not lower-level employees.

The disclosure threshold for state giving is $100, rather than $200, but the principle is the same.

Looking at this race, we're pleased at Karlee Weinmann's analysis for the Energy and Policy Institute, Utility executive contributions surge in Minnesota state senate race.

We can only hope that journalists examine campaign contributions from individuals who work in the sports betting world and other hot button industries.

Screengrab: From a tweet about the article:

Fowke’s campaign paid $1,235 to hold a fundraiser at the Ritz Carlton Grande Lakes in Orlando, FL while EEI held a meeting for its member utilities at another hotel in the same complex, a two-minute walk away. Fowke posted a photo with attendees wearing EEI conference badges. pic.twitter.com/r6BvBWwpYs
— Energy & Policy Inst (@EnergyandPolicy) August 1, 2022

Related posts:

If you appreciate Bluestem Prairie, you can mail contributions (payable to Sally Jo Sorensen, 600 Maple Street, Summit SD 57266) or use the paypal button in the upper right hand corner of this post.

Or you can contribute via this link to paypal; use email sally.jo.sorensen@gmail.com as recipient.

I'm on Venmo for those who prefer to use this service: @Sally-Sorensen-6

Posted by Sally Jo Sorensen on Aug 01, 2022 at 12:19 PM | Permalink | Comments (0)

Bluestem Prairie

News from Greater Minnesota and South Dakota

Aug 06, 2022

MN23 MNGOP spat: Hanson responds to MN Supreme's Dornink residency case dismissal

Aug 05, 2022

MN23: State Supreme Court dismisses Patriot Princess pal's case about Dornink residence

Fearmongering the news: MNGOP Attorney General candidate confused about crime

MN Board of Animal Health: CWD confirmed in quarantined Winona County captive deer herd

Aug 04, 2022

Accused Cottonwood County organic grain fraudster isn't the only one, SD News Watch reports

Retired Roberts County state's attorney Nikolas to fill Democratic spot on District 1 House race

Aug 03, 2022

Noem hires family member for new Twitter ad campaign; mom biffs South Dakota jobless rate

Aug 02, 2022

Via personal Facebook page: independent candidate vows to challenge Westrom residency

MN23 GOP primary woes: Dornink strikes back

Aug 01, 2022

Under the radar in MN45: Energy & Policy Institute dissects Fowke's utility industry dollars

In tracking campaign contributions from industries, why do you include contributions from individuals, and not just PACs?

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