Politics in Minnesota: The Weekly Report - Vol. 1, Issue 6 - 6/03/2005

In this issue: The New Franken Factor: "Legally Qualified Candidate", The Special Session: Is anyone really winning?, The Governor's Race Begins, Penning Poetry from Rochester, No More Kelly Who?, Maple Grove Hospital in Prime Time, A Race to Replace?, Bits & Pieces..., Lobbyist Watch, 20 Years Ago, The Coming Week In Other Media

The New Franken Factor: "Legally Qualified Candidate"

Several weeks ago, the Star Tribune's Bob Von Sternberg reported that Al Franken and his spouse, Frannie, "bought a townhouse in a new development on the edge of downtown Minneapolis late last month." Franken's plan, apparently, is to broadcast his Air America radio show from Minnesota. One of the factors Franken will consider in deciding whether to continue to host the show is "how important the show is, how big of a [U.S. Sen. candidacy] platform that will be for me." Franken was not clear about whether being a candidate for U.S. Sen. would force him off the air, "I've still got to look at the rules," Franken said. "I've got to look at the [Federal Communications Commission's] rules and make sure I obey the letter of the law--probably the spirit, too."

In the spirit of being helpful, PIM did the research for Franken. The Federal Communications Commission (FCC) requires that if a station provides air time to a "legally qualified candidate for public office," then that station must provide equal time to other candidates in the race if they request it. That means likely Republican contender Sixth District U.S. Congressman Mark Kennedy could ask Janet Robert, the former Democratic Congressional candidate who owns Air America Minnesota, for his own three hours a day, five days a week. As could any Green or Independence party candidates. Obviously, that's not a tenable situation for Air America Minnesota.

So the operative question becomes what's the definition of a legally qualified candidate (LQC)? On some things, the FCC is clear: A LQC is a person who has publicly announced his or her attention to run for office and who is qualified under all applicable law to run for the office. The FCC rules also impose a time element. Assuming Franken meets the first test, he probably cannot be on the air in the 90 days preceding the Democratic Farmer Labor party endorsing convention (assuming he seeks and gets their endorsement). Or, if he runs in a primary, 90 days before that. Assuming Franken seeks the DFL endorsement, and that the endorsing convention is in late June of 2006, that would mean that whether Franken can be on the air for that month or May or April depends on whether he "has made a substantial showing of a bona fide candidacy." The FCC defines substantial showing as:

...evidence that the person claiming to be a candidate has engaged to a substantial degree in activities commonly associated with political campaigning. Such activities normally would include making campaign speeches, distributing campaign literature, issuing press releases, maintaining a campaign committee, and establishing campaign headquarters (even though the headquarters in some instances might be the residence of the candidate or his or her campaign manager). Not all of the listed activities are necessarily required in each case to demonstrate a substantial showing, and there may be activities not listed herein which would contribute to such a showing.

If , as Franken said, he wants to "obey the letter of the law," he could well avoid a substantial showing and stay on the air by having some type of "Friends of Franken" draft committee do the necessary preliminary work like fundraising and compiling lists. If Franken isn't involved, doesn't file as candidate with the Secretary of State's office and he avoids most "I'm a candidate"-type speeches, he will be in compliance. This would be easy to do for most of the 90-day period before the convention or primary if Franken is the only Democratic Farmer Labor candidate in the race.

If, however, Franken truly does want to obey the "spirit" of the law, it's pretty tough to argue he hasn't already made the substantial showing, given (1) he moved back to Minnesota for the sole purpose of running for the U.S. Sen.; and, (2) he openly acknowledges that he's considering "how big a platform" the show could be for his candidacy.

Two final wrinkles. First, radio show hosts running for office appears to be a mostly Minnesota phenomenon, and only two stations--AM 1500 KSTP and KFAN--have had to interpret and apply the Federal Communications Commission rules. Both stations set the time clock and the Minnesota "substantial showing" bars quite high: Jesse Ventura (KFAN) and Norm Coleman (KSTP) were booted from their time slots months before the operative 90-day window, when everyone knew they were running, but formal candidacies had not yet been established. Second, none of the above applies to jurisdictions that can't vote in the Minnesota U.S. Sen. race. So, Franken could continue his show in broadcasts everywhere but here.

The Special Session: Is anyone really winning?

Both the Republicans and the Democrats think they are gaining ground in the budget negotiations, but in reality, we are pretty sure no one is really winning so far this special session. The only major excitement this past week was the veto of a state poet laureate and the clever poems that people exchanged.

The amazing thing is the reaction of the public. While people are griping left and right on talk radio that they would be fired in their own jobs if they didn't get the work done on time, very few are taking the time to register their unhappiness with the decision makers. We checked with the most important people in any operation-the ones who answer the phones-and neither the Governor's office nor Sen. Maj. Leader Dean Johnson's (D - Willmar) office has received more than a dozen calls a day.

Meanwhile, some legislators are cashing in on clever ideas to penalize themselves, like the proposals by Sen. Dave Kleis (R - St. Cloud) to have special elections trigger new legislative elections or docking pay $1,000 a day the Legislature is in a special session.

While cute, these bills do little more than give the media something to write about, while leaders dance or stand-still around the topics that divide them.

The DFL Sen., and by default the DFL House are focused on the same issue they have been since the beginning, fixing the structural, long-term issues, namely education and health care. Democrats are charging the Governor's "health impact fee" (cigarette tax) as a gimmick. They are accusing him of a shift, citing the health impact fee is really going toward education, and while they support the increase, they believe the revenue needs are still greater than the revenue the fee would create, and it is a shift that could mean higher property taxes as well.

The Governor and the Republicans, led by Speaker Steve Sviggum (R - Kenyon), are trying to bring positive energy to the table and they are becomingly increasingly frustrated with lack of movement on the part of the Sen. Citing the new health impact fee as the final solution, and touting the increase in education funding, they thought the log jam would be broken. Meanwhile, they keep asking for a counter from the Sen., but the Sen. reverts to basically the package they've always laid on the table. Around and around they go.

The one notable issue missing from the Sen. agenda is transportation, something that left us stumped at the beginning, but further analysis makes us realize the Governor's veto could be the major wedge issue in the '06 election cycle. Sitting in traf fic in the suburbs and the lack of improvements in rural Minnesota could prove effective in the end for the Democrats.

All in all, if nothing moves and government shuts down, Gov. Tim Pawlenty will ultimately be blamed, but in 2005 and likely in 2006--political memories of voters are very short.

The Governor's Race Begins

Sen. Steve Kelley (D - Hopkins) announced a much expected candidacy for Governor on Wednesday, and received an impressive amount of media attention. Kelly also received high-profile endorsements from former St. Paul Mayor DFLer George Latimer and U.S. Fourth District Rep. Betty McCollum. Education has been the cornerstone of Kelley's work the past two sessions, and the issue is the centerpiece of his campaign.

Kelley has often been thought of as a possible candidate for higher office, especially after his unsuccessful U.S. Sen. bid in 2000, where he dropped out at the Democratic Farmer Labor party convention. It didn't go unnoticed that Kelley was a fairly successful fund-raiser in his Sen. race, a transition most legislators have trouble making.

Kelley's suburban profile and success should be something that DFLers find attractive this time around. His interest and background in technology and telecommunications issues will also make him someone who can talk about the issues that are most important for economic development in rural Minnesota.

His Web site shows a broad list of supporters from throughout the state, with a heavy emphasis on education leaders like principals and superintendents.

The only downside for Kelley was the timing of his announcement (likely decided months ago) made while the Legislature is in session. This leaves him open to a little criticism that he hasn't gotten his work done at the Capitol.

Kelley has agreed to abide by his party's endorsement, giving him an early leg up for such an endorsement considering that his likely challengers, Attorney General Mike Hatch, and Sen. Maj. Leader Dean Johnson would have a tougher time getting through that process.

Penning Poetry from Rochester

Before we say enough already, on waxing poetic about Gov. Tim Pawlenty vetoing the bill to have a state poet laureate, we publish with permission a poem written by Jane Belau (more about Belau after the poem), the well-respected doyenne of Rochester public affairs.

A poet laureate?
How could we forget
the State is full of rhymers
young and old-timers
writing stories and books
from children to cooks
mysteries and textbooks
starting their next books
poetic romances
and songs for dances
with artists who sing
and paint every thing
and potters who pot
with those who cannot
symphonies in halls
theaters without walls
more art in school
is totally cool
but it's still our task and intention
to at least ask the obvious question
why just a poet?
don't you just know it?
next a writer
or maybe a fighter
or maybe a potter
or somebody's daughter
a trombone player
or a soothsayer
A State brimming over with all kinds of artists
must know that there's really nowhere to start this
but simply to celebrate
all the art forms
Minnesotans create!

Besides penning poetry, Belau has been super-busy since retiring as Ceridian Corporation's government affairs and public relations executive. She is a volunteer pianist in the lobby of the Mayo Clinic's Gonda building, and was featured earlier this year in a KARE-11 "Extra" segment, which clearly showed Belau to be an outstanding pianist. She also recently released two CDs (with earnings going to charity): "Harmonies for Four Hands," piano duets with Belau and Bruce Rohde (who works at Mayo and is music director at Our Savior's Lutheran church in Rochester); and, "Favorites for Easy Listening," original arrangements of old songs most requested by Mayo visitors. Belau also paints and serves on several boards, including a recent appointment by Gov. Tim Pawlenty to the Minnesota State Arts Board.

No More Kelly Who?

The U.S. Sen. race is about to heat up with real estate developer Kelly Doran officially kicking off his campaign this Sunday. Doran will run against Hennepin County Attorney Amy Klobuchar and child safety advocate Patty Wetterling for the Democratic Farmer Labor party endorsement. However, Doran, who bills himself as a centrist Democrat, plans to "keep his options open," meaning he might run in a primary, and perhaps as an Independent at some point. Managing Doran's campaign is former Jesse Ventura communications director John Wodele, who promises we won't be asking "who is Kelly Doran?" for much longer. Doran's big checkbook (he's president of the highly successful Edina real estate company, Robert Muir Company), plus Wodele's penchant for unconventionality, could equal a dark horse to watch, like Kentucky Derby champ Giacomo.

Wodele is also managing the communications for Sixth District DFL Congressional candidate and former Transportation Commissioner Elwyn Tinklenberg.

Maple Grove Hospital in Prime Time

Who needs "Desperate Housewives" when we have three desperate wannabe hospital builders in Maple Grove? Last issue, we complimented North Memorial, one of three contenders, on its 10,000-plus person petition drive and roll out of same at the Capitol. Turns out that Tri-Care, another contender comprised of a joint proposal between Park Nicollet Health System, Children's Hospitals and Clinics and Allina Hospitals and Clinics, wrote a letter to North Memorial President and CEO David Cress objecting to the petition drive. The letter outlines some of the "questionable behavior" employed by North Memorial to get the signatures. Here's the most egregious: "A family member of a North Memorial patient reported that patients and families were urged over the public address system [at the hospital, emphasis ours] to write letters to their legislators and that a nurse would assist them, if requested. To facilitate this letter writing, laptop computers were made available in the hospital. The family member said, "'This was a borderline abusive tactic, only intended to profit the hospital.'" We don't think it's "borderline," we think it's creepy.

Perhaps the most amazing thing about this saga is that it looks like Maple Grove won't get the new hospital it desperately needs. At the end of the regular legislative session, the Sen. was locked into a "let the Minnesota Department of Health" make the decision position; the House, for North Memorial (in what is perhaps a constitutional violation--the Minnesota Constitution, like the U.S. one, prohibits passing "bills of attainder," laws that benefit a certain entity). A conference committee met once. The bills are dead in the special session. And, if nothing happens, Maple Grove doesn't get a new hospital.

A Race to Replace?

The Republican state party chairmanship contest has heated up with State Party Treasurer Ron Carey joining Washington County Commissioner Bill Pulkrabek in a challenge to incumbent Chair Ron Eibensteiner. Most Republican insiders believe Eibensteiner will be reelected, but that the three man race will make balloting interesting June 11 in St. Louis Park. The party's national committeewoman, Evie Axdahl, has endorsed Carey. The challengers both say the party suffers from malaise and that it is stuck in a rut. There's some truth to that, given the state party was totally cut out of the Bush for President effort last election cycle. But, with the new management team led by new Executive Director Bill Walsh, a total Republican party revamp is underway

Politics In Minnesota: Bits & Pieces...
--Tracking people and events--

[Publishers' note: Please e-mail us at staff@politicsinminnesota.com with anything we've missed or something that's coming up, or fax same to 651-293-9056.]

Like many, many other people, our thoughts and prayers are with Sen. Becky Lourey (DFL - Kerrick) and her family on the loss of their son, Chief Warrant Officer Matthew Lourey, who was killed in Iraq last week. Over the years, Lourey has been fond of saying that she and husband, Gene, "built" a family of 12 children (eight of whom are adopted). Tragically, three of those children have died.

Kudos to Star Tribune reporters Mark Brunswick, Pat Lopez and Kevin Duchschere on their beautifully researched and written story about Matt Lourey, his achievement of a life-time goal ("flying the bird"), his family, and the complexity of conflicted family politics about the war in Iraq.

Sympathies also go out to the family of former Congressman Joe Karth who passed away this week. Karth succeeded Eugene McCarthy, representing what is essentially today's Fourth Congressional District, and preceded Bruce Vento in holding the strong labor seat. While one of your publishers hasn't met Karth, he certainly heard plenty of colorful and historical stories from Vento on the campaign trail. Much of Vento's focus on the environment came from Karth, who retired from Congress due to heart issues in 1977.

In a "Reality Check" segment this week on WCCO TV, political reporter Pat Kessler calculated that the special session is costing about $10,000 a day so far. Read the details from his story.

Congratulations to Minnesota Law & Politics, which is celebrating its 15th year in publication this month, and especially to its publisher, Bill White, and editor, Steve Kaplan. We've always thought that two of the best features of the magazine--which is read by 43,000 people--are the photography of Larry Markus and the back page ruminations about life titled "All Seriousness Aside" and written by editor White. Worth noting in the June/July issue are the articles about two of Minnesota's power couples. The "king and queen of Minnesota, red" are Scott (who runs Minnesota Citizens Concerned for Life and Michelle Fischbach (Republican Senator from Paynesville) and their blue equivalents, Matt Entenza (Democratic Farmer Labor House Minority Leader from St. Paul) and Lois Quam (CEO of Ovations, a division of UnitedHealth Group).

Jill Oliveira is Pat Miles' new producer on her morning show on WCCO AM. Prior to joining Pat, Oliveira was a consumer investigations producer at KSTP TV where she also produced Tom Hauser's "At Issue."

Newsweek picked up the story about the end of the "Power Hour"--a tradition that on your 21st birthday, you drink 21 shots in an hour--that has been proposed in both Minnesota and Wisconsin. The article was written by Minnesota native T. Trent Gegax son of Tires Plus founder, and recently published author Tom Gegax, who wrote By the Seat of Your Pants: The No-Nonsense Business Management Guide. Tom is a major Democratic contributor and member of the board of the Growth and Justice Foundation.

Time wrote on the possible candidacy of retired FBI agent Colleen Rowley challenging incumbent U.S. Republican Rep. John Kline in the Second Congressional District. The most refreshing quote was: "What is the worst thing that could happen? I lose and get humiliated." We say, good for Rowley. Also noteworthy was her comment that consultants (and everyone in and around politics) have suggested a makeover and she declines, saying "It's not who I am."

Senior aides in the Governor's office began sounding out the tobacco fee health impact deal in January among former legislators close to the Governor. The bill was actually introduced by Rep. Ray Cox (R - Northfield).

Last week Mankato teacher Tim Walz announced his candidacy for the First Congressional District seat challenging incumbent Republican U.S. Rep. Gil Gutknecht.

Insiders were surprised that it took three weeks for the relationship between Hennepin County Commissioner Mark Stenglein and Twins stadium site owner Bruce Lambrecht to come out in last Sunday's Star Tribune.

In New Jersey, a developer unhappy with environmental regulators put up a billboard that says, "Welcome to New Jersey. A horrible place to do business."

Dean Barkley--former U.S. Senator, current lobbyist but soon to be campaign manager for unconventional Texas gubernatorial candidate Kinky Friedman--is taking a page out of his Jesse Ventura campaign playbook. He hired Steve Tierschel to create Friedman action figures like those Tierschel created for Jesse Ventura (selling on eBay for $4.99). Tierschel also has a new Minnesota product: The Goldy Gopher Call. For $7.99, you can "Help give the Golden Gophers a Homefield Edge!" by "reproducing the chatter of winning Gophers! Hear Goldy chatter. Watch Goldy shake. The Goldies, by the way, are made in China.

Politics In Minnesota: Lobbyist Watch
--Who is working what issues--

From the Minnesota Campaign Finance & Public Disclosure Board

• Newly registered lobbyists
• Recently terminated lobbyists

Sarah Psick and Joe Bagnoli for the Builders Association of Minnesota; Rich Forschler for Hennepin County; Andy Kozak for Carlson Companies; Anne Miller Bomstad for the Minnesota School Social Workers Association; Richard Velner for Iris; Theresa Velner for the Electronic Manufacturers Coalition for Responsible Recycling; Jim Girard and Todd Hill for Safelite Group; Kathy Hahne for Spring Lake Park Volunteer Firefighter Relief.

Peter Grills for both the Izaak Walton League of America, and the Pmicikamak Cree Nation; Doug Johnson for Lake Superior College; and Bruce Lambrecht for the Urban Ventures Leadership Foundation.

Politics In Minnesota: 20 Years Ago
--How political time flies--

The DFL incumbent mayors of Minneapolis and St. Paul, Don Fraser and George Latimer, were cruising toward reelection without any threatening opponents.

Connie Perpich was named public affairs director of Planned Parenthood of Minnesota. At the time, the appointment raised eyebrows, given her brother-in-law was then-Gov. (and pro life) Rudy Perpich. Connie Perpich is still with Planned Parenthood and still married to George Perpich.

Then-GOP U.S. Sen. Dave Durenberger formed "Americans for Generational Equity." One of the group's major concerns was the solvency of Social Security, and issue that time doesn't seem to change.

Retired Star Tribune political reporter and golf-lover Bob Whereatt reminded us that in writing about the prescience of DFL Gov. Rudy Perpich, we should have added what was then known as the A mateur Sports Complex in Blaine, but is currently known the National Sports Center. Most people thought Perpich was a bit nuts to think that kids from all over the world would come to Blaine to play sports. They most certainly do.

Politics In Minnesota: The Coming Week In Other Media

[Publisher's note: Another new section we're adding: Most Minnesota public affairs junkies know about Almanac and At Issue, but there are lots of other regular venues out there (not the least of which are suburban and greater Minnesota cable television and radio political shows). Please e-mail staff@politicsinminnesota.com to tell us about them.]

Almanac. Hosted by Erik Eskola and Cathy Wurzer. Find out what's on this week's show. Airs live at 7:00 p.m. Fridays on TPT Channel 2. Rebroadcasts are Saturday mornings at 1:00 a.m. and Sunday mornings at 9:30 a.m. on Channel 2. You can also watch the current and past shows. Coming this week:

• A Medical Monologue by Dr. Mark DePaolis.
• Steve Kelley -- This DFLer from Hopkins wants to be our state's next Governor. Why does he deserve the job? We'll hear him out.
• Remembering George Mikan.
• BioBlitz 2005. Guest Susan Weiler will have you going buggy.
• Hospitals Change Billing Practices. Attorney General Mike Hatch and the Minnesota Hospitals Association are making nice with each other again. Find out what it might mean to you.
• Arts in the Suburbs. Neal Cuthbert with the McKnight Foundation is a big fan of what artistic things he sees in Twin Cities' suburbs.
• Housing the Homeless. Long-term housing for the homeless is the aim of a new St. Paul project.
• The Wrap up. We finally get around to answering that Denny Schulstad Index File question. We tell you how to enter the contest to become the Poet Laureate of Almanac. Then we play a great show-ending tune by Mason Jennings.

Almanac: At the Capitol. Hosted by Mary Lahammer. Find out what's on this week's show. Airs Wednesdays live at 7:00 p.m. on TPT Channel 17. Rebroadcast Wednesdays at 10:00 p.m. on TPT Channel 2. Current and past shows are also archived online.

At Issue with Tom Hauser. Broadcast on Sundays at 7:00 a.m. on KSTP Channel 45 and at 9:00 a.m. on KSTP Channel 5. Coming this week:

• A recap of the week's political news.
• Political analysis with former DFL Governor Wendy Anderson and GOPer Annette Meeks from the Center of the American Experiment.
• Face-Off with DFLer Ember Reichgott Junge and GOPer and AM 1500's Dave Thompson.

WCCO Radio: The Pat Miles Show. 830 AM. Every Thursday morning about 9:30 a.m., politicsinminnesota.com publishers Blois Olson and Sarah Janecek visit with Pat to discuss the week's hottest political news.