Man faces charges in election controversy

Published 12:00 am Friday, January 3, 2003

Another Senate District 27 election controversy, orchestrated by an Albert Lea businessman, was brought to court with criminal charges Thursday.

Freeborn County Attorney Craig Nelson charged Malcolm Walter Prinzing, 75, of 715 Lakeview Circle, and Di Ma Corporation, which Prinzing operates, with Fair Campaign Practice Act violations.

According to the complaints, Prinzing violated the law by placing mobile signs in three different locations in Albert Lea attacking Sen. Grace Schwab, R-Albert Lea, who was seeking re-election. The signs did not have a disclaimer explaining who paid for them, and were visible within 14 days of the Nov. 5 election, which the complaints say violate the law.

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Prinzing is also charged for exhibiting false political and campaign materials. And, Di Ma Co., which deals in adult materials across Minnesota, is accused of placing one of the signs on its property.

"His actions in this election were malicious, definitely against the campaign laws. And he broke them knowingly," said Schwab, who is in the middle of a recount dispute and litigation with Prinzing in a civil court.

"The county attorney has just reaffirmed that he is now criminally responsible for them. I am sure he would be civilly responsible for them, too. I welcome people to take a hard look at him and his history. And I think it states very loudly what kind of individual he is."

Prinzing could not be reached Thursday.

State law requires political and campaign material distributed within 14 days prior to the election to include a disclaimer. If convicted on that charge, Prinzing could face up to 90 days imprisonment, a $1,000 fine or both.

Laws also prohibit advertising false information about a candidate, when the person knows it is false or disregards whether it is false.

The maximum penalty is one year in prison or a $3,000 fine or both.

Another provision in the law bars a corporation from contributing any money, property and services to an election campaign to promote or defeat a candidate. If Di Ma Co. is convicted, the violation would incur up to $40,000 in fines, and a convicted corporation may be dissolved.

The outspoken, illuminated signs denouncing Schwab started appearing around Oct. 20 on Bridge Avenue across from Northbridge Mall in Albert Lea. Prinzing had a one-year lease from the landowner to park the trailer that carried the sign, according to the investigation.

Responding to a complaint from local Republicans, Nelson warned Prinzingin a letter that the sign would be a violation after Oct. 23, the date of the 14-day deadline.

But Prinzing, instead of removing the sign, added two more signs at his residence and at Di Ma Co. property on West Front Street.

Nelson charges that some of the signs constitute false materials, which included ones at Prinzing's residence saying, "Get the job done even if it means stealing. End justifies means. Just ask Gracie," and, "Grace Schwab took letters from this sign. I call it stealing. Will U vote 4 a thief?"

Nelson wrote in the complaints, "Grace Schwab has never been charged with or convicted of any criminal offense and specifically has never been charged with or convicted of theft or stealing."

Schwab insists the signs not only damaged her election campaign but afflicted her and her family

"Mal really hit a point where it was not fair. I know there were people who wondered at election time, 'Was Grace the person we knew?' Mal cast doubt on that," Schwab said. "My family and I have been in pain in thisfight. So, it's wonderful to have the charges brought forward, and the truth is really coming out."

Prinzing's spite against Schwab apparently has its roots in an incident a year ago.

Prinzing, who has been a vocal opponent of Albert Lea school referendums, parked a trailer with a sign encouraging voters not to approve the 2001 referendum on the parking lot of Northbridge Mall on Nov. 4, 2001.

The manager of the mall removed the letters from the sign with Schwab, a referendum proponent. The manager had called the police beforehand to complain and demand immediate removal. The letters were returned to Prinzing the same day, but Prinzing condemned Schwab as a thief and demanded the police take action against her, which was never carried out.

On Oct. 30, 2002, less than a week before the Election Day, Prinzing filed a civil lawsuit against Schwab, accusing her of damaging the letters when she was removing them from the signs. He is claiming $680 for scratches on 85 letters and $1,040, his cost to tow a banner with a plane as an alternative way to get his message out.

Schwab believes that Prinzing's hostility derives from her husband Steve Schwab's role as the Albert Lea City Attorney and advisor to the city on legal matters related to zoning, which has limited Di Ma Co.'s retail activities in Albert Lea.

Schwab promptly filed a counter claim, asking the court to issue a

temporary restraining order to bar Prinzing from continuing his allegations.

But presiding Steele County District Judge Joe Bueltel denied the motion. Schwab also filed a motion to demand Prinzing to pay $50,000 for defamation and another $50,000 for libel.