KLAPHAKE, Judge.
Relators, owners of agricultural property in a school district, challenge in a certiorari appeal the administrative law judge's dismissal of their complaint against respondents, the school district's board and superintendent, in which relators alleged that respondents violated Minn.Stat. § 211B.13 by inducing them to vote in favor of a bond referendum by promising not to impose an excess levy if the referendum passed.
In April 2013, four months after the failure of a bond referendum to finance a new K-12 school building, respondent Board of Independent School District (ISD) 850 (Board) sent a letter to all voting households in the district concerning a new referendum. The letter said in relevant part:
The referendum passed.
Relators, both resident and non-resident owners of agricultural property in ISD 850, filed a complaint alleging that the Board had violated Minn.Stat. § 211B.13 (2012) by promising not to use the excess levy if the referendum was successful, thus inducing voters to vote for the referendum. The complaint said in relevant part:
The complaint was dismissed on the ground that it did not present a prima facie violation of Minn.Stat. § 211B.13, and relators' request for reconsideration was denied.
Did respondents' letter violate Minn. Stat. § 211B.13?
This court reviews de novo an agency decision that "is based upon the meaning of words in a statute." In re Denial of Eller Media Co.'s Applications for Outdoor Adver. Device Permits, 664 N.W.2d 1, 7 (Minn.2003).
Minn.Stat. § 211B.13, subd. 1, provides in relevant part: "[a] person who willfully, directly or indirectly, ... promises... any money ... or other thing of monetary value ... in order to induce a voter to refrain from voting, or to vote in a particular way, at an election, is guilty of a felony." Relators argue that, because Minn.Stat. § 211B.13 includes the word "promises" and respondents' letter referred to "the $1,500 excess levy, which [respondents have] promised not to use if the referendum is successful," respondents' letter violated the statute. But respondents could equally well have said, "the $1,500 excess levy, which respondents will not use if the referendum is successful" or "the $1,500 excess levy, which respondents will not need to use if the referendum is successful"; the fact that respondents happened to use the word "promise" in their letter did not make the letter a violation of Minn.Stat. § 211B.13.
Campaign promises are a feature of most elections, and any candidate who promises to lower taxes, reduce government expenses, or improve government services is promising voters something "of monetary value" possibly, if not probably, "to induce [them] ... to vote in a particular way." Minn.Stat. § 211B.13, subd. 1. A literal interpretation of the statute leads to the unreasonable and absurd conclusion that any candidate who makes such a promise should be prosecuted for a felony. This interpretation must be rejected, because a court presumes that "the legislature does not intend a result that is absurd, impossible of execution, or unreasonable." Minn.Stat. § 645.17(1) (2012). When a statute is susceptible of more than one interpretation, it is ambiguous, and a court considers other factors to ascertain the legislature's intent. Lietz v. N. States Power Co., 718 N.W.2d 865, 870 (Minn.2006).
Here, the language of the statute in its entirety indicates the legislature's intent.
Minn.Stat. § 211B.13, subd. 1. The legislature clearly intended to prohibit the buying of votes, with cash or with anything else, in accord with the state's "legitimate interest in upholding the integrity of the
Respondents' letter was protected by the First Amendment. Like the candidate in Brown who informed voters that he would serve at a reduced salary, respondents sent their letter
Id. at 55-56, 102 S.Ct. at 1530. "[The promised] benefit was to extend beyond those voters who cast their ballots for Brown, to all taxpayers and citizens.... [I]t was conditioned not on any particular vote or votes, but entirely on the majority's vote." Id. at 58, 102 S.Ct. at 1531.
Here, as in Brown, the promise not to use the excess levy if the referendum passed would benefit those who voted against the referendum as well as those who voted for it: the decrease in property taxes would occur for all owners of homes valued at less than $200,000, regardless of how they had voted. "[A] promise to confer some ultimate benefit on the voter, qua taxpayer, citizen, or member of the general public, does not lie beyond the pale of First Amendment protection." Id. at 58-59, 102 S.Ct. at 1531-32. Respondents had a right under the First Amendment to inform voters of the tax consequences of the referendum.
Respondents also had a statutory obligation to inform voters of those consequences; with their letter, they met "the obligation of a school district to educate voters on the purposes and effects of a district-proposed ballot question." Abrahamson v. St. Louis Cnty. Sch. Dist., 819 N.W.2d 129, 140 (Minn.2012) (Paul Anderson, J., concurring).
Assuming arguendo that respondents' obligation under Minn.Stat. § 123B.71, subd. 12, did conflict with the prohibition of Minn.Stat. § 211B.13, the obligation would prevail. When a specific statutory provision appears to contradict a general provision, the specific provision controls within its scope of application. Minn.Stat. § 645.19 (2012). Respondents had a very specific statutory "obligation ... to educate voters on the purposes and effects of a district-proposed ballot question." Abrahamson, 819 N.W.2d at 140. The statutory limitation on influencing voters imposed on "[a] person" by Minn.Stat. § 211B.13 is far more general.
Respondents' letter informing voters of a tax advantage consequent upon the passing of a referendum was mandated by Minn.Stat. § 123B.71, subd. 12; was protected by the First Amendment; and did not violate Minn.Stat. § 211B.13.