Marshall County Prosecutor Nelson Chipman will not be filing criminal charges against Stan Klotz pertaining to a campaign finance report violation as cited by the Marshall County Election Board.
Klotz appeared before the board in a public hearing in May where he answered to allegations of a campaign finance report violation. A complaint was filed by Nicole Haskins in April where she claimed that Klotz did not include a banking institution on his campaign finance report that would hold campaign donations.
Clerk Deb VanDeMark presented documents to be included on the record in the matter. She stated that the documents showed that Klotz filed forms to establish a committee on January 16, 2018 that showed Lake City Bank as the depository bank when Klotz ran for commissioner in a prior election. That committee was disbanded on January 2, 2019. On December 13, 2021, another committee was opened for his current campaign which VanDeMark said did not show a bank or depository on the forms. On December 20, 2021, Klotz showed a $10,000 donation from an individual, but did not amend the form to show a bank account. On January 11, 2022, he filed a Pre-Primary report and did not amend the bank account information. He later corrected the form and noted that he opened a bank account at Lake City Bank on February 18, 2022.
VanDeMark said the other item to be looked at was commingling of funds of a committee with personal funds of an officer. If the board decides the person is subject to a civil penalty, it cannot exceed $1,000. The penalty could be reduced if approved by a unanimous vote of the Marshall County Election Board.
Klotz accepted responsibility that he made this mistake.
Nicole Haskins testified that she thought that that the law should be followed concerning commingling of funds which is a misdemeanor offense per code, and that Klotz continued to make mistakes on his forms.
In the end, the Marshall County Election Board voted unanimously to determine that there is a violation of the statute and fined Klotz a $500 civil penalty. A written order was produced on the decision.
The order was forwarded to Marshall County Prosecutor Nelson Chipman. In a letter to the Marshall County Election Board that includes his finding on this matter, Chipman stated that state statute classifies commingling of committee funds with personal funds as a Class B misdemeanor, and it requires proof beyond a reasonable doubt to support a conviction. Further, the specified level of intent of the conduct would have been done “recklessly.”
Chipman determined with Klotz’s public expressions of remorse and acceptance of responsibility, and the imposition of a $500 civil penalty, that “… no further useful purpose would be served in pursuing a misdemeanor conviction.”
