Congresswoman’s Allegations of Voter Fraud Weren’t Illegal “Undue Influence” on Voters
From Rud v. Fischbach, decided Wednesday by Administrative Law Judge Barbara Case of the Minnesota Office of Administrative Hearings:
Respondent Michelle Fischbach is a United States Congresswoman representing Minnesota’s Seventh Congressional District. She is seeking reelection to that office in the general election to be held on November 8, 2022….
Complainant alleges that:
(1) Respondent violated Minn. Stat. § 211B.06, by disseminating false campaign material related to the 2020 United States Presidential election;
(2) Respondent violated Minn. Stat. § 211B.07, by disseminating false claims about the 2020 Presidential election in order to cause duress and compel voters to vote for her;
(3) Respondent violated Minn. Stat. § 211B.13, by posting a request for donations to former “President Trump’s Election Defense Fund” on her campaign website to induce voters to vote for her; and
(4) Respondent violated her oath to uphold and support the United States Constitution by repeating false claims about the validity of the 2020 Presidential election results and by supporting groups that sought to violently prevent the peaceful transfer of power on January 6, 2021….
[A.] False Campaign Material (Minn. Stat. § 211B.06)
Complainant maintains that Respondent disseminated false campaign material relating to the 2020 Presidential election. Complainant identifies statements Respondent made or posted on her campaign website between November 2020 and May 2021 that he maintains were factually false and disseminated with reckless disregard as to whether they were false. The statements concern allegations of voter fraud and other irregularities in the 2020 Presidential election…. [But] Minn. Stat. § 211B.06 has been invalidated by the federal courts. In 2014, the United States Court of Appeals for the Eighth Circuit determined that
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