AUSTIN &045; Freeborn County Attorney Craig Nelson has completed his investigation of an alleged election law violation in Mower County. Nelson said the final decision about filing charges would be made by Mower County Attorney Patrick Flanagan, and that a grand jury could be called to decide if the case goes to court.

Former Mower County Attorney Pat Oman received a complaint before the 2002 general election about a letter, using Austin car dealer USEM’s stationery, that solicited support to county commissioner and city councilor candidates. The letter was mailed to Mower County constituents.

Opposing candidates said the document violated a state law that prohibits corporations from being involved in an election campaign.

Nelson conducted the investigation after former Mower County Attorney Pat Oman referred the complaint to him to avoid possible conflicts of interest.

According to Nelson, between 150 and 250 letters were mailed to Austin Chamber of Commerce members with signatures of three individuals, including Tom Sherman, owner of USEM. The prosecution would target the business, not the individuals, he said.

State law bars a corporation from making any form of contribution &045; money; property; free services of its officers, employees or members; or things of monetary value. If convicted, the corporation might face a maximum $40,000 fine, and possibly dissolution.

Nelson concluded the letterhead, and possibly the expense for envelopes and postage, constitutes a violation, but said he is inclined to call a grand jury and let them decide whether he should pursue the prosecution.

&uot;I’d rather let the people of Mower County make the decision,&uot; Nelson said. &uot;It’s a very serious case. It’s a felony … But the question is if we want to put the car dealer out of business. I don’t know the answer.&uot;

Nelson recently charged DiMa Corporation, an Albert Lea business, with the same violation for letting a sign attacking former State Senator Grace Schwab stand on its property. He did not send the case to a grand jury.

Nelson said the different handling of the two cases is due to different circumstances under which the alleged violations occurred. &uot;The DiMa case is more intentional and willful than the USEM case … This is the case that we are not sure whether to charge or not.&uot;

Flanagan is having a meeting with complainants today to make a final determination, according to Nelson. Considering the nature of the case, Nelson said he would lead the prosecution if Flanagan decides to file the case.