Mailings aimed at Koering prompt group to file complaints

Source:

Mike O'Rourke // Brainerd (MN) Dispatch

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22 Sep 2006 // A Washington, D.C.-based group said Thursday it has filed complaints with federal agencies regarding mailings that targeted Sen. Paul Koering, R-Fort Ripley, before the Sept. 12 primary.

Citizens for Responsibility and Ethics in Washington said in a statement that two complaints were filed against Minnesota Family Institute and one against Minnesota Family Council for a joint mailing that the group said clearly favored candidate Kevin Goedker, Koering's opponent in the Republican primary for the Senate District 12 seat.

The group's news release stated it filed a complaint against the Minnesota Family Institute for engaging in prohibited electioneering activity and asked the commissioner of the Internal Revenue Service to investigate the Minnesota organizations. CREW's senior counsel, Tim Mooney, said the MFI, is not allowed to support a candidate since it is a 501(c)(3) nonprofit organization. He noted the two organizations listed a joint return mailing address in the mailing and contended the MFI lent its name to the mailing, which was clearly a violation of federal tax law.

He said his organization received a tip on this mailing and said it generally doesn't reveal the source of its complaints.

A spokesman for the Minnesota Family Council said Thursday the mailings, which addressed Koering's stance on the marriage amendment and other issues, were proper.

CREW's news release said that despite the fact the mailing was paid for by the sister organization the Minnesota Family Institute's name appeared throughout the publication, including the return address, indicating its support of Goedker's campaign. CREW also asked the postmaster general to determine whether the joint mailing had individual nonprofit postal permits.

Chuck Darrell, director of communications for the Minnesota Family Council, said the organizations are distinct - one does lobbying and the other does education.

Darrell said the organizations had not broken any laws and that the mailing simply pointed out Koering's voting record on a number of issues and did not constitute electioneering.

"It sounds like somebody's doing a little bit of intimidation," he said. "The piece in question clearly points out it's prepared and paid for by the Minnesota Family Council."

He said his organization ran it by its attorneys and put all the proper disclaimers on it.

"We didn't endorse anybody in it," Darrell said.

Koering, who in 2005 announced he was gay, said he had not heard of the group filing the complaint and that he hasn't wasted any time studying the legality of the mailings. He said he thought the mailings had crossed the line and constituted a smear campaign.

"I think the voters, every single time, will reject this kind of campaign," he said. "I've never heard of this group. I guess I'm not surprised that somebody is outraged by this. If this can happen to me then who's the next person they're going to try and destroy."

Goedker said Thursday he didn't know the specifics of the Washington, D.C., group's complaints and had no comment at this time.

Koering defeated Goedker 3,956-3,270 in the primary. The incumbent will face Crow Wing County Commissioner Terry Sluss on Nov. 7.

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