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May 13, 2009

Melanie Ford, County Attorney
St. Louis County
100 North 5th Avenue West, #501
Duluth, MN 55802
Telephone: (218) 726-2323

Except as otherwise provided in sections 475.51 to 475.74, no municipality, except a school district or a city of the first class, shall incur or be subject to a net debt in excess of two percent of the market value of taxable property in the municipality

Under Minnesota Statutes 211A.08, the county attorney is designated with the responsibility of prosecuting any violation of Chapter 211A. I request the county attorney's office investigate violations of M.S. 211 A.02, 211 A.05 and 211 A.06 by Let Duluth Vote.

The facts supporting this request are as follows:

1.         Let Duluth Vote is an unregistered association headquartered at 2610 E 3rd. St. , Duluth , MN 55812 . Brenda Anderson is listed as the Treasurer of the association. Harry Welty is a public spokesperson for the association, and has publicly solicited funds for use by Let Duluth Vote.

2.         Let Duluth Vote was formed on or before February 9, 2008 . On that date, the Duluth News Tribune reported that the group was "circulating a petition that could push a modified version of the proposal [long-range facilities plan] to a nonbinding referendum." In numerous publications and public meetings, Let Duluth Vote spokespeople have clearly defined their goal as forcing a referendum vote. As recently as April 28, 2009 . Karen Heisik of Let Duluth Vote stated at a School Board Committee of the Whole meeting that LDV's goal is to "give Duluth a chance to vote" on a referendum.

3.                  A nonbinding referendum would be considered a ballot question as defined in M.S. 211 A.O1. Registered voters who reside in Independent School District 709 (ISD 709) would vote on such a referendum.

4.                  Efforts to qualify a proposition for placement on a ballot is considered an expenditure under M.S. 211A.01, subd. 4.

5.                  In the intervening months since its formation, Let Duluth Vote has engaged in activities that result in more than $750 of receipts and disbursements, including:

·         Purchased a full-page ad in the Duluth News Tribune encouraging public support for a referendum.

·         Operated and modified a web site encouraging public support for a referendum (www.letduluthvote.com).

·         Purchased newspaper advertising and sent direct mail to solicit funding for their efforts.

·         Actively solicited funds from the public for activities to force ISD 709 to hold a referendum, including the petition.

Mimi Larson
3121
Greysolon Road
Duluth , MN 55812

If you care about Duluth and its schools 
don't put your faith in the Duluth News Tribune
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www.lincolndemocrat.com
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