Fraters Libertas

Crime Doesn't Pay, Except for the DFL

Representative Phyllis Kahn (DFL-Minneapolis) was recently caught in the act of stealing campaign literature and convicted of misdemeanor theft. (It was limited to theft, since no specific statute existed to penalize this form of campaign fraud). And last Tuesday, her loyal Democratic supporters in District 59B returned her to office with a landslide victory.

According to the Minnesota Daily, Phyllis Kahn was pleased with herself:

With all precincts reporting, Kahn had collected 59 percent of the vote. Hutchings was the nearest challenger with 22 percent. Smith and Lischeid collected 13 and 6 percent, respectively. Kahn said she was pleased to be re-elected, though with three opponents her vote margin decreased.

"As I said before, the major issue is the budget," she said. "And I hope whoever is in control will look at issues important to young voters."

I can see where she would be pleased that the major issue was the budget, and not something else, like perhaps ... election fraud!

But the people in 59B have spoken, and committing crimes against democracy is not a disqualification for a public servant in their district. And it may not be a disqualification up in District 45A either. That's the New Hope district where Phyllis Kahn, a member of the DFL party leadership team mind you, was caught committing her crime. That crime being the theft of Representative Lynn Osterman's campaign literature. And for the DFL party's sins, they were rewarded with a DFL victory in 45A.

By the way, poor Lynne Osterman not only had to put up with Kahn's theft of her literature, she also had to weather vicious mudslinging by the DFL party. According to the Star Tribune:

The mailing, sent out three weeks before the Nov. 2 election, accuses Osterman of "following marching orders" of extremist "Republican bosses" in House votes to cut education and local government funding.

If you don't believe my characterization of this mailing as mudslinging, then just ask Sandra Peterson, the DFL candidate in District 45A:

... [the] mailing attacking the Republican incumbent in a hotly contested state House race drew fire Thursday from a surprising source -- the DFL candidate it was intended to help.

"I don't want any more of it," said Sandra Peterson, the challenger to first-term Rep. Lynne Osterman, R-New Hope. "I have signed a clean and fair campaign pledge, and I plan to abide by it."

Luckily for Peterson, the DFL abides by no such pledge. Due to the magic of campaign finance laws, the DFL party was able, nay - compelled, to ignore the candidate's wishes and keep on sliming away.

But state DFL spokesman Bill Amberg defended the mailing as "truthful and accurate" and said the party would change none of its campaign plans in response to Peterson because "we can't coordinate with candidates."

Under campaign finance law, party and caucus efforts on behalf of candidates are so-called "independent expenditures" that are free from spending limits but cannot be directed by the candidates.

That's the legacy of campaign finance law. Forcing the political party to act contrary to the actions and wishes of the candidate. Well, maybe that should have been Phyllis Kahn's defense. She was only stealing so the DFL wouldn't have to.