Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1990, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1990
CHAPTER 608-H.F.No. 2666
An act relating to elections; limiting campaign
expenditures by congressional candidates who choose to
receive a financial incentive for their campaigns;
changing certain campaign practice and ethical
practice requirements; clarifying and modifying
certain exceptions to multicandidate political party
expenditure limitations; modifying lobbyist reporting
requirements; expanding certain reports by certain
political committees and political funds;
discontinuing the state ethical practices board's
responsibility for developing and furnishing certain
forms; providing a tax credit for contributions to
candidates and political parties; limiting
contributions and solicitations during a regular
legislative session; providing a public subsidy for
legislative candidates in special elections; requiring
candidates to match funds received from the state
elections campaign fund; requiring deer licenses to
include an application for absentee ballots; requiring
county auditors to provide a sample ballot for
classroom use; specifying a time period for preparing
a candidate's affidavit; providing for selection of
judicial candidates; encouraging certain congressional
action; requiring certain legislative meetings to be
open; appropriating money; providing penalties;
amending Minnesota Statutes 1988, sections 10A.01,
subdivisions 7, 10b, 10c, 11, and by adding
subdivisions; 10A.02, subdivision 1; 10A.04,
subdivisions 2, 4, 4a, and by adding subdivisions;
10A.05; 10A.06; 10A.07; 10A.09, subdivision 2, and by
adding a subdivision; 10A.20, subdivisions 3, 5, and
by adding a subdivision; 10A.22, subdivision 7;
10A.24; 10A.25, subdivisions 2, 5, 6, 10, and by
adding a subdivision; 10A.255, by adding a
subdivision; 10A.27, subdivision 1, and by adding a
subdivision; 10A.275; 10A.28, subdivision 1; 10A.30,
subdivision 2; 97A.485, by adding a subdivision;
204B.09, subdivision 1; 290.06, by adding a
subdivision; 383B.053, subdivision 1; and 383B.055,
subdivisions 1 and 2; Minnesota Statutes 1989
Supplement, section 10A.09, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters 3;
10A; and 204D; proposing coding for new law as
Minnesota Statutes, chapter 480B; repealing Minnesota
Statutes 1988, sections 10A.32, subdivisions 1, 2, 3,
and 4; and 10A.33; and Minnesota Statutes 1989
Supplement, section 10A.32, subdivision 3a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ELECTIONS AND ETHICS REFORM ACT OF 1990
ARTICLE 1
LOBBYING DISCLOSURE
Section 1. Minnesota Statutes 1988, section 10A.01,
subdivision 11, is amended to read:
Subd. 11. (a) "Lobbyist" means any an individual:
(a) (1) engaged for pay or other consideration, or
authorized to spend money by another individual or, association
to spend money, political subdivision, or public higher
education system, who spends more than five hours in any month
or more than $250, not including the individual's own travel
expenses and membership dues, in any year, for the purpose of
attempting to influence legislative or administrative action, or
the official action of a metropolitan governmental unit, by
communicating or urging others to communicate with public or
local officials; or
(b) (2) who spends more than $250, not including the
individual's own traveling expenses and membership dues, in any
year for the purpose of attempting to influence legislative or
administrative action, or the official action of a metropolitan
governmental unit, by communicating or urging others to
communicate with public or local officials.
(b) "Lobbyist" does not include any:
(a) (1) a public official or employee of the state or any
of its;
(2) an employee of the state, including an employee of any
of the public higher education systems;
(3) an elected local official;
(4) a nonelected local official or an employee of a
political subdivisions or public bodies subdivision acting in an
official capacity, unless the nonelected official or employee of
a political subdivision spends more than 50 hours in any month
attempting to influence legislative or administrative action, or
the official action of a metropolitan governmental unit other
than the political subdivision employing the official or
employee, by communicating or urging others to communicate with
public or local officials, including time spent monitoring
legislative or administrative action, or the official action of
a metropolitan governmental unit, and related research,
analysis, and compilation and dissemination of information
relating to legislative or administrative policy in this state,
or to the policies of metropolitan governmental units;
(b) (5) a party or the party's representative appearing in
a proceeding before a state board, commission or agency of the
executive branch unless the board, commission or agency is
taking administrative action;
(c) (6) an individual while engaged in selling goods or
services to be paid for by public funds;
(d) (7) a news media medium or their its employees or
agents while engaged in the publishing or broadcasting of news
items, editorial comments or paid advertisements which directly
or indirectly urge official action;
(e) (8) a paid expert witness whose testimony is requested
by the body before which the witness is appearing, but only to
the extent of preparing or delivering testimony;
(f) (9) a stockholder of a family farm corporation as
defined in section 500.24, subdivision 2, who does not spend
over $250, excluding the stockholder's own travel expenses, in
any year in communicating with public officials; or
(g) (10) a party or the party's representative appearing to
present a claim to the legislature and communicating to
legislators only by the filing of a claim form and supporting
documents and by appearing at public hearings on the claim.
Sec. 2. Minnesota Statutes 1988, section 10A.01, is
amended by adding a subdivision to read:
Subd. 25. [LOCAL OFFICIAL.] "Local official" means a
person who holds elective office in a political subdivision or
who is appointed to or employed in a public position in a
political subdivision in which the person has authority to make,
to recommend, or to vote on as a member of the governing body,
major decisions regarding the expenditure or investment of
public money.
Sec. 3. Minnesota Statutes 1988, section 10A.01, is
amended by adding a subdivision to read:
Subd. 26. [METROPOLITAN GOVERNMENTAL UNIT.] "Metropolitan
governmental unit" means any of the seven counties in the
metropolitan area as defined in section 473.121, subdivision 2,
a regional railroad authority established by one or more of
those counties under section 398A.03, a city with a population
of over 50,000 located in the seven-county metropolitan area,
the metropolitan council, a metropolitan agency as defined in
section 473.121, subdivision 5a, the Minnesota state high school
league, and the Greater Minnesota Corporation.
Sec. 4. Minnesota Statutes 1988, section 10A.01, is
amended by adding a subdivision to read:
Subd. 27. [POLITICAL SUBDIVISION.] "Political subdivision"
means the metropolitan council, a metropolitan agency as defined
in section 473.121, subdivision 5a, a municipality as defined in
section 471.345, subdivision 1, the Minnesota state high school
league, and the Greater Minnesota Corporation.
Sec. 5. Minnesota Statutes 1988, section 10A.01, is
amended by adding a subdivision to read:
Subd. 28. [PRINCIPAL.] "Principal" means an individual or
association that:
(1) spends more than $500 in the aggregate in any calendar
year to engage a lobbyist, compensate a lobbyist, or authorize
the expenditure of money by a lobbyist; or
(2) is not included in clause (1) and spends a total of at
least $50,000 in any calendar year on efforts to influence
legislative action, administrative action, or the official
action of metropolitan governmental units, as described in
section 10.
Sec. 6. Minnesota Statutes 1988, section 10A.02,
subdivision 1, is amended to read:
Subdivision 1. There is hereby created a state ethical
practices board composed of six members. The members shall be
appointed by the governor with the advice and consent of
three-fifths of both the senate and the house of representatives
acting separately. If either house fails to confirm the
appointment of a board member within 45 legislative days after
appointment, or by adjournment sine die, whichever occurs first,
the appointment shall terminate on the day following the 45th
legislative day or on adjournment sine die, whichever occurs
first. If either house votes not to confirm an appointment, the
appointment terminates on the day following the vote not to
confirm. One member shall be a former member of the legislature
from a major political party different from that of the
governor; one member shall be a former member of the legislature
from the same political party as the governor; two members shall
be persons who have not been public officials, held any
political party office other than precinct delegate, or been
elected to public office for which party designation is required
by statute in the three years preceding the date of their
appointment; and the other two members shall not support the
same political party. No more than three of the members of the
board shall support the same political party. No member of the
board may currently serve as a lobbyist.
Sec. 7. Minnesota Statutes 1988, section 10A.04,
subdivision 2, is amended to read:
Subd. 2. Each report shall cover the time from the last
day of the period covered by the last report to 15 days prior to
the current filing date. The reports shall be filed with the
board by the following dates:
(a) January 15;
(b) April 15; and
(c) July 15; and
(d) October 15.
Sec. 8. Minnesota Statutes 1988, section 10A.04,
subdivision 4, is amended to read:
Subd. 4. (a) The report shall include such information as
the board may require from the registration form and
the following information required by this subdivision for the
reporting period:.
(a) (b) Each lobbyist shall report the lobbyist's total
disbursements on lobbying, separately listing lobbying to
influence legislative action, lobbying to influence
administrative action, and lobbying to influence the official
actions of a metropolitan governmental unit, and a breakdown of
those disbursements for each of those kinds of lobbying into
categories specified by the board, including but not limited to
the cost of publication and distribution of each publication
used in lobbying; other printing; media, including the cost of
production; postage; travel; fees, including allowances;
entertainment; telephone and telegraph; and other expenses;.
(b) (c) Each lobbyist shall report the amount and nature of
each honorarium, gift, loan, item or benefit, excluding
contributions to a candidate, equal in value to $50 or more,
given or paid to any public or local official by the lobbyist or
any employer or any employee of the lobbyist. The list shall
include the name and address of each public or local official to
whom the honorarium, gift, loan, item or benefit was given or
paid and the date it was given or paid; and.
(c) (d) Each lobbyist shall report each original source of
funds in excess of $500 in any year used for the purpose of
lobbying to influence legislative action, each such source of
funds used to influence administrative action, and each such
source of funds used to influence the official action of
metropolitan governmental units. The list shall include the
name, address and employer, or, if self-employed, the occupation
and principal place of business, of each payer of funds in
excess of $500.
Sec. 9. Minnesota Statutes 1988, section 10A.04,
subdivision 4a, is amended to read:
Subd. 4a. If in any reporting period the lobbyist's
reportable disbursements total not over $100 and no honorarium,
gift, loan, item or benefit equal in value to $50 or more was
given or paid to any public official, a statement to that effect
in lieu of the report may be filed for that period. The
unreported disbursements shall be included in the report for the
following period, unless the total for that period, including
the carryover, is not over $100. The October January 15 report
shall include all previously unreported disbursements, even
though the total for the year is not over $100.
Sec. 10. Minnesota Statutes 1988, section 10A.04, is
amended by adding a subdivision to read:
Subd. 6. [PRINCIPALS TO REPORT.] (a) Each principal shall
report to the board as required in this subdivision by March 15
for the preceding calendar year.
(b) Each principal shall report which of the following
categories includes the total amount, rounded to the nearest
dollar, spent by the principal during the preceding calendar
year to influence legislative action, administrative action, and
the official action of metropolitan governmental units:
(1) $501 to $50,000;
(2) $50,001 to $150,000; or
(3) $150,001 to $250,000.
(c) Beyond $250,000, each additional $250,000 constitutes
an additional category, and each principal shall report which of
the categories includes the total amount spent by the principal
for the purposes provided in this subdivision.
(d) The principal shall report under this subdivision a
total amount that includes:
(1) all direct payments by the principal to lobbyists in
Minnesota;
(2) all expenditures for advertising, mailing, research,
analysis, compilation and dissemination of information, and
public relations campaigns related to legislative action,
administrative action, or the official action of metropolitan
governmental units in Minnesota; and
(3) all salaries and administrative expenses attributable
to activities of the principal relating to efforts to influence
legislative action, administrative action, or the official
action of metropolitan governmental units in Minnesota.
Sec. 11. Minnesota Statutes 1988, section 10A.04, is
amended by adding a subdivision to read:
Subd. 7. [FINANCIAL RECORDS.] The board may randomly audit
the financial records of lobbyists and principals required to
report under this section.
Sec. 12. Minnesota Statutes 1988, section 10A.05, is
amended to read:
10A.05 [LOBBYIST REPORT.]
Within 30 days after each lobbyist filing date set by
section 10A.04, the executive director of the board shall report
to the governor, and the presiding officer of each house of the
legislature, the names of the lobbyists registered who were not
previously reported, the names of the persons or associations
whom they represent as lobbyists and, the subject or subjects on
which they are lobbying, and whether in each case they lobby to
influence legislative or administrative action or both. At the
same times, the executive director of the board shall report to
the governing body of each metropolitan governmental unit, the
names of the registered lobbyists who attempt to influence the
official action of metropolitan governmental units, the names of
the persons or associations whom they represent as lobbyists,
and the subject or subjects on which they are lobbying.
Sec. 13. Minnesota Statutes 1988, section 10A.06, is
amended to read:
10A.06 [CONTINGENT FEES PROHIBITED.]
No person shall may act as or employ a lobbyist for
compensation which that is dependent upon the result or outcome
of any legislative or administrative action, or of the official
action of a metropolitan governmental unit. Any A person who
violates the provisions of this section is guilty of a gross
misdemeanor.
Sec. 14. [CURRENT BOARD MEMBERS.]
Section 6 does not apply to members of the ethical
practices board appointed before the effective date of section 6.
Sec. 15. [SEVERABILITY.]
If a provision of this article is found to be
unconstitutional and void, the remaining provisions of this
article remain valid.
Sec. 16. [EFFECTIVE DATE.]
Sections 1 to 5, 8, 10, 11, and 12 are effective January 1,
1991. Section 13 is effective January 1, 1991, and applies to
crimes committed on or after that date.
ARTICLE 2
ECONOMIC INTEREST AND CONFLICT REPORTING
Section 1. Minnesota Statutes 1988, section 10A.07, is
amended to read:
10A.07 [CONFLICTS OF INTEREST.]
Subdivision 1. [DISCLOSURE OF POTENTIAL CONFLICTS.] Any A
public official or a local official elected to or appointed by a
metropolitan governmental unit who in the discharge of official
duties would be required to take an action or make a
decision which that would substantially affect the official's
financial interests or those of an associated business, unless
the effect on the official is no greater than on other members
of the official's business classification, profession, or
occupation, shall take the following actions:
(a) (1) prepare a written statement describing the matter
requiring action or decision and the nature of the potential
conflict of interest;
(b) (2) deliver copies of the statement to the board and to
the official's immediate superior, if any; and
(c) (3) if a member of the legislature or of the governing
body of a metropolitan governmental unit, deliver a copy of the
statement to the presiding officer of the house body of service.
If a potential conflict of interest presents itself and
there is insufficient time to comply with the provisions of
clauses (a) (1) to (c) (3), the public or local official shall
verbally orally inform the superior or the official body of
service, or committee thereof, of the body of the potential
conflict. The official shall file a written statement with the
board within one week after the potential conflict presents
itself.
Subd. 2. If the public official is not a member of the
legislature or of the governing body of a metropolitan
governmental unit, the superior shall assign the matter, if
possible, to another employee who does not have a potential
conflict of interest. If there is no immediate superior,
the public official shall abstain, if possible, in a manner
prescribed by the board from influence over the action or
decision in question. If the public official is a member of the
legislature, the house of service may, at the member's request,
excuse the member from taking part in the action or decision in
question. If the official is not permitted or is otherwise
unable to abstain from action in connection with the matter, the
official shall file a statement describing the potential
conflict and the action taken. A public official shall file the
statement with the board and a local official shall file the
statement with the governing body of the official's political
subdivision. The statement must be filed within a week of the
action taken.
Subd. 3. [INTEREST IN CONTRACT; LOCAL OFFICIALS.] This
section does not apply to a local official with respect to a
matter governed by sections 471.87 and 471.88.
Sec. 2. Minnesota Statutes 1989 Supplement, section
10A.09, subdivision 1, is amended to read:
Subdivision 1. [TIME FOR FILING.] Except for a candidate
for elective office in the judicial branch, an individual shall
file a statement of economic interest with the board:
(a) (1) within 60 days of accepting employment as a public
official or a local official in a metropolitan governmental
unit;
(b) (2) within 14 days after filing an affidavit of
candidacy or petition to appear on the ballot for an elective
public office or an elective local office in a metropolitan
governmental unit;
(c) (3) in the case of a public official requiring the
advice and consent of the senate, within 14 days after
undertaking the duties of office; or
(d) (4) in the case of members of the Minnesota racing
commission, the director of the division of pari-mutuel racing,
chief of security, medical officer, inspector of pari-mutuels,
and stewards employed or approved by the commission or persons
who fulfill those duties under contract, within 60 days of
accepting or assuming duties.
Sec. 3. Minnesota Statutes 1988, section 10A.09,
subdivision 2, is amended to read:
Subd. 2. [NOTIFICATION.] The secretary of state or the
appropriate county auditor, upon receiving an affidavit of
candidacy or petition to appear on the ballot from an individual
required by this section to file a statement of economic
interest, and any official who nominates or employs a public or
local official required by this section to file a statement of
economic interest, shall notify the board of the name of the
individual required to file a statement and the date of the
affidavit, petition, or nomination.
Sec. 4. Minnesota Statutes 1988, section 10A.09, is
amended by adding a subdivision to read:
Subd. 6a. [LOCAL OFFICIALS.] A local official required to
file a statement under this section shall file it with the
governing body of the official's political subdivision. The
governing body shall maintain statements filed with it under
this subdivision as public data.
Sec. 5. Minnesota Statutes 1988, section 383B.053,
subdivision 1, is amended to read:
Subdivision 1. [OFFICIALS REQUIRED TO FILE; DEADLINES.]
Every candidate for county office, every elected official of
Hennepin county, every candidate for office and every elected
official of a home rule charter city or statutory city located
wholly within Hennepin county and having a population of 75,000
or more, and every candidate for school board and every elected
official in special school district No. 1, Minneapolis shall
file statements of economic interest as required by this section
with the filing officer. A candidate shall file an original
statement within 14 days of the filing of an affidavit or
petition to appear on the ballot. All elected officials of
Hennepin county and of a home rule charter city or statutory
city located wholly in Hennepin county and having a population
of 75,000 or more who are in office on March 19, 1980, shall
file an original statement of economic interest 60 days after
forms for disclosure are provided to the filing officer. Every
individual required to file a statement shall file a
supplementary statement on April 15 of each year in which the
individual remains a candidate or elected official. An official
required to file a statement of economic interest under section
10A.09 is not required to comply with this section.
Sec. 6. [APPROPRIATION.]
$20,000 is appropriated from the general fund to the
ethical practices board for the purposes of this act. This
appropriation is for fiscal year 1991.
Sec. 7. [EFFECTIVE DATE.]
Article 2 is effective January 1, 1991.
ARTICLE 3
STATE CAMPAIGN REFORM
Section 1. Minnesota Statutes 1988, section 10A.01,
subdivision 7, is amended to read:
Subd. 7. "Contribution" means a transfer of funds or a
donation in kind.
Contribution includes any loan or advance of credit to a
political committee, political fund, or principal campaign
committee, which loan or advance of credit is (a) forgiven, or
(b) paid by an entity individual or an association other than
the political committee, political fund, or principal campaign
committee to which the loan or advance of credit is made. If an
advance of credit or a loan is forgiven or paid as provided in
this subdivision, it is a contribution in the year in which the
loan or advance of credit is made.
A contribution made for the purpose of defeating a
candidate is considered made for the purpose of influencing the
nomination or election of that candidate or any opponent of that
candidate.
Contribution does not include services provided without
compensation by an individual volunteering personal time on
behalf of a candidate, ballot question, political committee or
political fund, or the publishing or broadcasting of news items
or editorial comments by the news media.
Sec. 2. Minnesota Statutes 1988, section 10A.01,
subdivision 10b, is amended to read:
Subd. 10b. "Independent expenditure" means an expenditure
expressly advocating the election or defeat of a clearly
identified candidate, which expenditure is made without the
express or implied consent, authorization, or cooperation of,
and not in concert with or at the request or suggestion of, any
candidate or any candidate's principal campaign committee or
agent. An independent expenditure is not a contribution to that
candidate.
Sec. 3. Minnesota Statutes 1988, section 10A.01,
subdivision 10c, is amended to read:
Subd. 10c. "Noncampaign disbursement" means a purchase or
payment of money or anything of value made, or an advance of
credit incurred, by a political committee, political fund, or
principal campaign committee for any purpose other than to
influence the nomination or election of a candidate or to
promote or defeat a ballot question.
Noncampaign disbursement includes:
(a) Payment for accounting and legal services;
(b) Return of a contribution to the source;
(c) Repayment of a loan made to the political committee,
political fund, or principal campaign committee by that
committee or fund;
(d) Return of money from the state elections campaign fund;
(e) Payment for food and, beverages consumed at,
entertainment, and facility rental for a fundraising event;
(f) Services for a constituent by a member of the
legislature or a constitutional officer in the executive branch,
performed from the beginning of the term of office to 60 days
after adjournment sine die of the legislature in the election
year for the office held; and
(g) A donation in kind given to the political committee,
political fund, or principal campaign committee for purposes
listed in clauses (e) and (f). The board shall determine
whether an activity involves a noncampaign disbursement within
the meaning of this subdivision.
Sec. 4. [10A.065] [CONTRIBUTIONS AND SOLICITATIONS DURING
LEGISLATIVE SESSION.]
Subdivision 1. [REGISTERED LOBBYIST CONTRIBUTIONS;
LEGISLATIVE SESSION.] A candidate for the legislature, a
candidate's principal campaign committee, any other political
committee with the candidate's name or title, or any committee
authorized by the candidate, shall not solicit or accept a
contribution on behalf of the candidate's principal campaign
committee, any other political committee with the candidate's
name or title, or any committee authorized by the candidate,
from a registered lobbyist, political committee, or political
fund during a regular session of the legislature.
Subd. 2. [DEFINITION.] For purposes of this section,
"regular session" does not include a special session or the
interim between the two annual sessions of a biennium.
Subd. 3. [CIVIL PENALTY.] A candidate or political
committee that violates this section is subject to a civil fine
of up to $500. If the board makes a public finding that there
is probable cause to believe a violation of this section has
occurred, the board shall bring an action, or transmit the
finding to a county attorney who shall bring an action, in the
district court of Ramsey county, to impose a civil fine as
prescribed by the board. Fines paid under this section must be
deposited in the general fund in the state treasury.
Subd. 4. [SPECIAL ELECTION.] This section does not apply
to a candidate or a candidate's principal campaign committee in
a legislative special election during the period beginning when
the person becomes a candidate in the special election and
ending on the day of the special election.
Subd. 5. [POLITICAL COMMITTEE.] This section does not
apply to a political committee established by a state political
party; by the party organization within a congressional
district, county, legislative district, municipality, or
precinct; by all or part of the party organization within each
house of the legislature, except for individual members; by a
candidate for an office other than the legislature; or to a
member of such a political committee acting solely on behalf of
the committee.
Sec. 5. Minnesota Statutes 1988, section 10A.20,
subdivision 3, is amended to read:
Subd. 3. Each report under this section shall disclose:
(a) The amount of liquid assets on hand at the beginning of
the reporting period;
(b) The name, address and employer, or occupation if
self-employed, of each individual, political committee or
political fund who within the year has made one or more
transfers or donations in kind to the political committee or
political fund, including the purchase of tickets for all fund
raising efforts, which in aggregate exceed $100 for legislative
or statewide candidates or ballot questions, together with the
amount and date of each transfer or donation in kind, and the
aggregate amount of transfers and donations in kind within the
year from each source so disclosed. A donation in kind shall be
disclosed at its fair market value. An approved expenditure is
listed as a donation in kind. A donation in kind is considered
consumed in the reporting period in which it is received. The
names of contributors shall be listed in alphabetical order;
(c) The sum of contributions to the political committee or
political fund during the reporting period;
(d) Each loan made or received by the political committee
or political fund within the year in aggregate in excess of
$100, continuously reported until repaid or forgiven, together
with the name, address, occupation and the principal place of
business, if any, of the lender and any endorser and the date
and amount of the loan. If any loan made to the principal
campaign committee of a candidate is forgiven at any time or
repaid by any entity other than that principal campaign
committee, it shall be reported as a contribution for the year
in which the loan was made;
(e) Each receipt in excess of $100 not otherwise listed
under clauses (b) to (d);
(f) The sum of all receipts of the political committee or
political fund during the reporting period;
(g) The name and address of each individual or association
to whom aggregate expenditures, including approved expenditures,
have been made by or on behalf of the political committee or
political fund within the year in excess of $100, together with
the amount, date and purpose of each expenditure and the name
and address of, and office sought by, each candidate on whose
behalf the expenditure was made, identification of the ballot
question which the expenditure is intended to promote or defeat,
and in the case of independent expenditures made in opposition
to a candidate, the name, address and office sought for each
such candidate;
(h) The sum of all expenditures made by or on behalf of the
political committee or political fund during the reporting
period;
(i) The amount and nature of any advance of credit incurred
by the political committee or political fund, continuously
reported until paid or forgiven. If any advance of credit
incurred by the principal campaign committee of a candidate is
forgiven at any time by the creditor or paid by any entity other
than that principal campaign committee, it shall be reported as
a donation in kind for the year in which the advance of credit
was incurred;
(j) The name and address of each political committee,
political fund, or principal campaign committee to which
aggregate transfers in excess of $100 have been made within the
year, together with the amount and date of each transfer;
(k) The sum of all transfers made by the political
committee, political fund, or principal campaign committee
during the reporting period;
(l) For principal campaign committees only, the sum of
noncampaign disbursements made in each category listed in
section 10A.01, subdivision 10c, during the reporting period;
and
(m) The sum of all noncampaign disbursements made by the
political committee, political fund, or principal campaign
committee during the reporting period.
(l) Except for contributions to a candidate or committee
for a candidate for office in a municipality as defined in
section 471.345, subdivision 1, the name and address of each
individual or association to whom aggregate noncampaign
disbursements in excess of $100 have been made within the year
by or on behalf of a principal campaign committee, political
committee, or political fund, together with the amount, date,
and purpose of each noncampaign disbursement.
Sec. 6. Minnesota Statutes 1988, section 10A.20,
subdivision 5, is amended to read:
Subd. 5. In any statewide election any contribution or
contributions from any one source totaling $2,000 or more, or in
any legislative election totaling more than $400, received
between the last day covered in the last report prior to an
election and the election shall be reported to the board in one
of the following ways:
(1) in person within 48 hours after its receipt;
(2) by telegram or mailgram within 48 hours after its
receipt; or
(3) by certified mail sent within 48 hours after its
receipt.
These contributions must also be reported in the next
required report.
The 48-hour notice requirement does not apply with respect
to a primary if the statewide or legislative candidate is
unopposed in that primary.
Sec. 7. Minnesota Statutes 1988, section 10A.20, is
amended by adding a subdivision to read:
Subd. 13. [THIRD PARTY REIMBURSEMENT.] An individual,
political committee, or political fund filing a report
disclosing an expenditure or noncampaign disbursement that must
be reported and itemized under subdivision 3, paragraph (g) or
(l), that is a reimbursement to a third party is required to
report the purpose of each expenditure or disbursement for which
the third party is being reimbursed. An expenditure or
disbursement is a reimbursement to a third party if it is for
goods or services that were not directly provided by the
individual or association to whom the expenditure or
disbursement is made. Third party reimbursements include
payments to credit card companies and reimbursement of
individuals for expenses they have incurred.
Sec. 8. Minnesota Statutes 1988, section 10A.22,
subdivision 7, is amended to read:
Subd. 7. [STATEMENT REQUIRED; PENALTY.] (a) The treasurer
of a political committee or political fund shall not accept a
contribution of more than $100 from a political committee or
political fund an association not registered in this state
unless the contribution is accompanied by a written statement
which meets the disclosure and reporting period requirements
imposed by section 10A.20. This statement shall be certified as
true and correct by an officer of the contributing political
committee or political fund association. The political
committee or political fund which accepts the contribution shall
include a copy of the statement with the report which discloses
the contribution to the board. The provisions of this
subdivision shall not apply when a national political party
transfers money to its affiliate in this state.
(b) An unregistered association may provide the written
statement required by this subdivision to no more than three
political committees or political funds in any calendar year.
Each statement must cover at least the 30 days immediately
preceding and including the date on which the contribution was
made. An unregistered association or an officer of it is
subject to a civil penalty up to $1,000 if the association or
its officer:
(1) fails to provide a written statement as required by
this subdivision; or
(2) fails to register after giving the written statement
required by this subdivision to more than three political
committees or political funds in any calendar year.
An officer of an association who violates this paragraph is
guilty of a misdemeanor.
Sec. 9. Minnesota Statutes 1988, section 10A.24, is
amended to read:
10A.24 [DISSOLUTION OR TERMINATION.]
Subdivision 1. [TERMINATION REPORT.] No political
committee or political fund shall dissolve until it has settled
all of its debts and disposed of all its assets in excess of
$100 and filed a termination report. The termination report may
be made at any time and shall include all information required
in periodic reports.
Subd. 2. [TERMINATION ALLOWED.] Notwithstanding
subdivision 1, after mailing notice to any remaining creditors
by certified mail, a political committee or political fund that
has debts incurred more than six years previously, has disposed
of all its assets, and has met the requirements of section
10A.20, subdivision 7, may file a termination report.
Sec. 10. [10A.242] [DISSOLUTION OF INACTIVE COMMITTEES AND
FUNDS.]
Subdivision 1. [DISSOLUTION REQUIRED.] (a) A political
committee or political fund must be dissolved within 60 days
after receiving notice from the board that the committee has
become inactive. The assets of the committee or fund must be
spent for the purposes authorized by section 211B.12 and other
applicable law or liquidated and deposited in the general
account of the state elections campaign fund within 60 days
after the board notifies the committee or fund that it has
become inactive.
Subd. 2. [INACTIVITY DEFINED.] (a) A principal campaign
committee becomes inactive on the later of the following dates:
(1) when six years have elapsed since the last election in
which the person was a candidate for the office sought or held
at the time the principal campaign committee registered with the
board; or
(2) when six years have elapsed since the last day on which
the individual for whom it exists served in an elective office
subject to this chapter.
(b) A committee or fund other than a principal campaign
committee becomes inactive when two years have elapsed since the
end of a reporting period during which the committee or fund
made an expenditure or disbursement requiring disclosure under
this chapter.
Subd. 3. [REMAINING DEBTS.] If a committee or fund becomes
inactive when it still has unpaid debts, the committee or fund
shall liquidate available assets to pay the debts. If
insufficient assets exist to pay the debts, the board may set up
a payment schedule and allow the committee or fund to defer
dissolution until all debts are paid. This section does not
extinguish debts incurred by the committee or fund.
Sec. 11. Minnesota Statutes 1988, section 10A.25,
subdivision 2, is amended to read:
Subd. 2. In a year in which an election is held for an
office sought by a candidate, no expenditures shall be made by
the principal campaign committee of that candidate, nor any
approved expenditures made on behalf of that candidate which
expenditures and approved expenditures result in an aggregate
amount in excess of the following:
(a) For governor and lieutenant governor, running together,
$600,000 $1,626,691;
(b) For attorney general, $100,000 $271,116;
(c) For secretary of state, state treasurer, and state
auditor, separately, $50,000 $135,559;
(d) For state senator, $15,000 $40,669;
(e) For state representative, $7,500 $20,335.
Sec. 12. Minnesota Statutes 1988, section 10A.25, is
amended by adding a subdivision to read:
Subd. 2a. [AGGREGATED EXPENDITURES.] If a candidate makes
expenditures from more than one principal campaign committee for
nomination or election to statewide office in the same election
year, the amount of expenditures from all of the candidate's
principal campaign committees for statewide office for that
election year must be aggregated for purposes of the application
of the limits on campaign expenditures under subdivision 2,
clauses (a) to (c).
Sec. 13. Minnesota Statutes 1988, section 10A.25,
subdivision 5, is amended to read:
Subd. 5. Notwithstanding the limits imposed by subdivision
2, the winning candidate in a contested race in a primary who
receives less than twice as many votes as any one of the
candidate's opponents in that primary may make aggregate
expenditures and approved expenditures equal to 120 percent of
the applicable amount as set forth in subdivision 2, as adjusted
by section 10A.255.
Sec. 14. Minnesota Statutes 1988, section 10A.25,
subdivision 6, is amended to read:
Subd. 6. In any year following an election year for the
office held or sought, the aggregate amount of expenditures by
and approved expenditures on behalf of a candidate for or holder
of that office shall not exceed 20 percent one-fourth of the
expenditure limit set forth in subdivision 2.
Sec. 15. Minnesota Statutes 1988, section 10A.25,
subdivision 10, is amended to read:
Subd. 10. The expenditure limits imposed by this section
apply only to candidates whose major political party opponents
agree to be bound by the limits and who themselves agree to be
bound by the limits as a condition of receiving a public subsidy
for their campaigns in the form of an allocation of money from
the state elections campaign fund.
A candidate of a major political party who agrees to be
bound by the limits and receives a public subsidy, who has an
opponent who: (1) is a candidate of a major political party;
and (2) does not agree to be bound by the limits but is
otherwise eligible to receive a public subsidy, is no longer
bound by the limits, including those in section 26, subdivision
1, paragraph (c), but is still eligible to receive a public
subsidy.
Sec. 16. Minnesota Statutes 1988, section 10A.255, is
amended by adding a subdivision to read:
Subd. 3. [PUBLICATION OF EXPENDITURE LIMIT.] By June 15 of
each year the board shall publish in the State Register the
expenditure limit for each office for that calendar year under
section 10A.25 as adjusted by this section.
Sec. 17. Minnesota Statutes 1988, section 10A.27,
subdivision 1, is amended to read:
Subdivision 1. Except as provided in subdivisions 2 and 6,
no candidate shall permit the candidate's principal campaign
committee to accept contributions from any individual, political
committee, or political fund in excess of the following:
(a) To candidates for governor and lieutenant governor
running together, $60,000 in an election year for the office
sought and $12,000 in other years;
(b) To a candidate for attorney general, $10,000 in an
election year for the office sought and $2,000 in other years;
(c) To a candidate for the office of secretary of state,
state treasurer or state auditor, $5,000 in an election year for
the office sought and $1,000 in other years;
(d) To a candidate for state senator, $1,500 in an election
year for the office sought and $300 one-third of that amount in
other years; and
(e) To a candidate for state representative, $750 in an
election year for the office sought and $150 one-third of that
amount in the other year.
Sec. 18. Minnesota Statutes 1988, section 10A.27, is
amended by adding a subdivision to read:
Subd. 9. A candidate's principal campaign committee shall
not accept in any calendar year aggregate contributions in an
amount greater than the maximum amount allowed under subdivision
1 from another candidate's principal campaign committee or any
other committee bearing the contributing candidate's name or
title or otherwise authorized by the contributing candidate.
Sec. 19. Minnesota Statutes 1988, section 10A.275, is
amended to read:
10A.275 [MULTICANDIDATE POLITICAL PARTY EXPENDITURES.]
Subdivision 1. [EXCEPTIONS.] Notwithstanding any other
provisions of this chapter, the following expenditures by a
state political party or, a substate party unit of a state
political party as described in section 10A.27, subdivision
4, or two or more party units acting together, with at least one
party unit being either: the state party organization or the
party organization within a congressional district, county, or
legislative district, shall not be considered contributions to
or expenditures on behalf of any candidate for the purposes of
section 10A.25 or 10A.27, and shall not be allocated to any
candidates pursuant to section 10A.22, subdivision 5:
(a) expenditures on behalf of candidates of that party
generally without referring to any of them specifically in any
advertisement published, posted or broadcast;
(b) expenditures for the preparation, display, mailing or
other distribution of an official party sample ballot listing
the names of three or more individuals whose names are to appear
on the ballot;
(c) expenditures for any telephone conversation including
the names of three or more individuals whose names are to appear
on the ballot; or
(d) expenditures for any political party fundraising effort
on behalf of three or more candidates.; or
(e) expenditures for party committee staff member services
that benefit three or more candidates.
Subd. 2. [APPLICATION.] This section applies to a
political committee of a political party as defined in section
10A.27, subdivision 4.
Subd. 3. [PARTY UNIT.] For purposes of this section,
"party unit" means the party organization within each house of
the legislature; the state party organization; or the party
organization within a congressional district, county,
legislative district, municipality, or precinct.
Sec. 20. Minnesota Statutes 1988, section 10A.28,
subdivision 1, is amended to read:
Subdivision 1. [CANDIDATE EXCEEDING EXPENDITURE LIMITS.] A
candidate subject to the expenditure limits of in section 10A.25
who permits the candidate's principal campaign committee to make
expenditures or permits approved expenditures to be made on the
candidate's behalf in excess of the limits imposed by section
10A.25 shall be, as adjusted by section 10A.255, is subject to a
civil fine up to four times the amount which the expenditures
exceeded the limit.
Sec. 21. Minnesota Statutes 1988, section 10A.30,
subdivision 2, is amended to read:
Subd. 2. Within the state elections campaign fund account
there shall be maintained a separate political party account for
the candidates of each political party and a general account.
Sec. 22. [10A.315] [SPECIAL ELECTION SUBSIDY.]
(a) Each eligible candidate for a legislative office in a
special election must be paid a public subsidy equal to the sum
of:
(1) the party account money at the last general election
for the candidate's party for the office the candidate is
seeking; and
(2) the general account money paid to candidates for the
same office at the last general election.
(b) If the filing period for the special election does not
coincide with the filing period for the general election, a
candidate who wishes to receive this public subsidy must submit
a signed agreement under section 24 to the board not later than
the day after the candidate files the affidavit of candidacy or
nominating petition for the office. To receive a subsidy, the
candidate must meet the matching requirements of section 25,
except that the dates in that section do not apply to a special
election in which the filing period does not coincide with the
filing period for the general election. To the extent feasible,
the special election subsidy must be distributed in the same
manner as money in the party and general accounts is distributed
to legislative candidates in a general election.
(c) The amount necessary to make the payments required by
this subdivision is appropriated from the general fund to the
state treasurer.
Sec. 23. [10A.321] [ESTIMATES OF MINIMUM AMOUNTS TO BE
RECEIVED.]
Subdivision 1. [CALCULATION AND CERTIFICATION OF
ESTIMATES.] The commissioner of revenue shall calculate and
certify to the board before July 1 in an election year an
estimate of the total amount in the state general account of the
state elections campaign fund and the amount of money each
candidate who qualifies, as provided in section 10A.31,
subdivisions 6 and 7, may receive from the candidate's party
account in the state elections campaign fund. This estimate
must be based upon the allocations and formulas in section
10A.31, subdivision 5, any necessary vote totals provided by the
secretary of state to apply the formulas in section 10A.31,
subdivision 5, and the amount of money expected to be available
after 100 percent of the tax returns have been processed.
Subd. 2. [PUBLICATION, CERTIFICATION, AND NOTIFICATION
PROCEDURES.] Before the first day of filing for office, the
board shall publish and forward to all filing officers the
estimates calculated and certified under subdivision 1 along
with a copy of section 10A.25, subdivision 10. Within seven
days after the last day for filing for office, the secretary of
state shall certify to the board the name, address, office
sought, and party affiliation of each candidate who has filed
with that office an affidavit of candidacy or petition to appear
on the ballot. The auditor of each county shall certify to the
board the same information for each candidate who has filed with
that county an affidavit of candidacy or petition to appear on
the ballot. Within seven days afterward, the board shall
estimate the minimum amount to be received by each candidate who
qualifies, as provided in section 10A.31, subdivisions 6 and 7.
By August 15 the board shall notify all candidates of their
minimum amount. The board shall include with the notice a form
for the agreement provided in section 24 along with a copy of
section 10A.25, subdivision 10.
Sec. 24. [10A.322] [PUBLIC SUBSIDY AGREEMENTS.]
Subdivision 1. [AGREEMENT BY CANDIDATE.] As a condition of
receiving a public subsidy from the state elections campaign
fund, a candidate shall sign and file with the board a written
agreement in which the candidate agrees that the candidate will
comply with sections 10A.25 and section 26. Before the first
day of filing for office, the board shall forward agreement
forms to all filing officers. The candidate may sign an
agreement and submit it to the filing officer on the day of
filing an affidavit of candidacy or petition to appear on the
ballot, in which case the filing officer shall without delay
forward signed agreements to the board. Alternatively, the
candidate may submit the agreement directly to the board by the
following September 1. An agreement may not be rescinded after
that date. The board shall forward a copy of any agreement
signed under this subdivision to the commissioner of revenue.
Subd. 2. [HOW LONG AGREEMENT IS EFFECTIVE.] The agreement,
insofar as it relates to the expenditure limits in section
10A.25, as adjusted by section 10A.255, remains effective for
candidates until the dissolution of the principal campaign
committee of the candidate or the day filings open for the next
succeeding election to the office held or sought at the time of
the agreement, whichever occurs first.
Subd. 3. [ESTIMATE; ACTUAL AMOUNT.] For the purposes of
subdivisions 1 to 3 only, the total amount to be distributed to
each candidate is calculated to be the candidate's share of the
total estimated funds in the candidate's party account as
provided in section 23, subdivision 1, plus the total amount
estimated as provided in section 23, subdivision 1, to be in the
general account of the state elections campaign fund and set
aside for that office divided by the number of candidates whose
names are to appear on the general election ballot for that
office. If for any reason the amount actually received by the
candidate is greater than the candidate's share of the estimate,
and the contributions thereby exceed the difference, the
agreement must not be considered violated.
Subd. 4. [CREDIT RECEIPT FORMS; PENALTY.] The board shall
make available to a political party on request and to any
candidate for whom an agreement under this section is effective,
a supply of official credit receipt forms that state in boldface
type that (1) a contributor who is given a receipt form is
eligible to claim a credit as provided in section 290.06,
subdivision 23, and (2) if the contribution is to a candidate,
that the candidate has signed an agreement to limit campaign
expenditures as provided in section 24. The forms must provide
duplicate copies of the receipt to be attached to the
contributor's claim. A candidate who does not sign an agreement
under this section and who willfully issues an official credit
receipt form or a facsimile of one to any of the candidate's
contributors is guilty of a misdemeanor.
Sec. 25. [10A.323] [MATCHING REQUIREMENTS.]
In addition to the requirements of section 24, to be
eligible to receive a public subsidy from the state elections
campaign fund a candidate shall file an affidavit with the board
stating that during that calendar year the candidate has
accumulated contributions, including unexpended balances from
the year before, equal to 20 percent or more of the minimum
amount that the board estimates, on August 15 of the general
election year, would be received by the candidate from the state
elections campaign fund. The candidate or the candidate's
treasurer shall submit the affidavit required by this
subdivision to the board in writing by October 1 of the general
election year.
Sec. 26. [10A.324] [RETURN OF PUBLIC SUBSIDY.]
Subdivision 1. [WHEN RETURN REQUIRED.] A candidate shall
return all or a portion of the public subsidy received from the
state elections campaign fund under the circumstances in
paragraph (a), (b), or (c).
(a) To the extent that the amount of public subsidy
received by the candidate exceeds the expenditure limits for the
office held or sought, as provided in section 10A.25 and as
adjusted by section 10A.255, the treasurer of the candidate's
principal campaign committee shall return the excess to the
board.
(b) To the extent that the amount of public subsidy
received exceeds the aggregate of: (1) actual expenditures made
by the principal campaign committee of the candidate; and (2)
approved expenditures made on behalf of the candidate, the
treasurer of the candidate's principal campaign committee shall
return an amount equal to the difference to the board.
(c) Except for an amount equal to 25 percent of the
expenditure limits set forth in section 10A.25, but not
exceeding $15,000, any amount by which the aggregate
contributions and approved expenditures agreed to exceed the
difference between: (1) the amount which legally may be
expended by or for the candidate; and (2) the amount the
candidate receives from the state elections campaign fund must
be returned to the state treasurer, deposited in the state
treasury, and credited to the general fund.
Subd. 2. [CALCULATION.] Money in the account of the
principal campaign committee of a candidate on January 1 of the
election year for the office held or sought must be considered
contributions accepted by that candidate in that year for the
purposes of this subdivision. The portion of contributions
accepted by a candidate in an election year that equals the
amount of noncampaign disbursements and contributions and
expenditures to promote or defeat a ballot question that are
made by that candidate in that year does not count toward the
aggregate contributions and approved expenditure limit imposed
by this section.
Subd. 3. [HOW RETURN DETERMINED.] Whether or not a
candidate is required under subdivision 1 to return all or a
portion of the public subsidy received from the state elections
campaign fund must be determined from the report required to be
filed with the board by that candidate by January 31 of the year
following an election. For purposes of this section, a transfer
from one principal campaign committee to another principal
campaign committee is considered to be a noncampaign
disbursement. Any amount required to be returned must be
submitted in the form of a check or money order and must
accompany the report filed with the board. The board shall
forward the check or money order to the state treasurer for
deposit in the general fund. The amount returned must not
exceed the amount of public subsidy received by the candidate
from the state elections campaign fund.
Subd. 4. [RETURN NOT REQUIRED.] A candidate whose campaign
spending is unlimited under conditions imposed by section
10A.25, subdivision 10, and who certifies that the candidate
made campaign expenditures equal to the full amount of the
public financing received is not required to return any portion
of the money received from the state elections campaign fund
under the aggregate contribution limit provisions of this
section.
Sec. 27. [10A.325] [POLITICAL PARTY NOT HAVING CERTAIN
CANDIDATES.]
If money has been accumulated in the state elections
campaign fund for the candidates of a political party, and the
party does not have a candidate in a general election for the
office of state senator or state representative, the party
account money allocated for the office for which there is no
candidate must be returned to the general fund of the state. If
that party does not have a candidate in a general election for
any state constitutional office, the party account money
allocated for that office must be transferred to the state
general account of the state elections campaign fund for
reallocation to all of the candidate offices as provided in
section 10A.31, subdivision 5, and for distribution in that
election year to candidates as provided in section 10A.31,
subdivision 7.
Sec. 28. Minnesota Statutes 1988, section 290.06, is
amended by adding a subdivision to read:
Subd. 23. [CONTRIBUTIONS TO POLITICAL PARTIES AND
CANDIDATES.] (a) A taxpayer may claim a credit equal to the
amount of the taxpayer's contributions made in the calendar year
to candidates and to any political party. The maximum credit
for an individual must not exceed $50 and, for a married couple
filing jointly, must not exceed $100. A credit for a
contribution is allowed only if the taxpayer files a form
required by the commissioner and attaches to the form a copy of
an official credit receipt form issued by the candidate or
party. A claim must be filed with the commissioner not sooner
than September 1 of the calendar year in which the contribution
is made and no later than April 15 of the calendar year
following the calendar year in which the contribution is made.
A taxpayer may file only one claim per calendar year. Amounts
paid by the commissioner after June 15 of the calendar year
following the calendar year in which the contribution is made
must include interest at the rate specified in section 270.76.
(b) No credit is allowed under this subdivision for a
contribution to any candidate who has not signed an agreement to
limit campaign expenditures as provided in section 24, or
article 4, section 4, and for whom voluntary spending limits are
specified in section 10A.25 or article 4, section 4. This
subdivision does not limit the campaign expenditure of a
candidate who does not sign an agreement but accepts a
contribution for which the contributor improperly claims a
credit.
(c) For purposes of this subdivision, "political party"
means a major political party as defined in section 200.02,
subdivision 7, or a minor political party qualifying for
inclusion on the income tax or property tax refund form under
section 10A.31, subdivision 3a. A "major or minor party"
includes the aggregate of the party organization within each
house of the legislature, the state party organization, and the
party organization within congressional districts, counties,
legislative districts, municipalities, and precincts.
"Candidate" means a candidate as defined in section 10A.01,
subdivision 5, but does not include a candidate for judicial
office. Beginning January 1, 1991, "candidate" also means a
candidate for the United States Senate or United States House of
Representatives from Minnesota.
(d) The commissioner shall include a copy of the credit
form with the instructions for the long and short individual
taxation forms. The commissioner shall make copies of the form
available to the public and candidates upon request.
(e) The following data collected or maintained by the
commissioner under this subdivision are private: the identities
of individuals claiming a credit, the identities of candidates
to whom those individuals have made contributions, and the
amount of each contribution.
(f) The amount necessary to pay claims for the credit
provided in this section is appropriated from the general fund
to the commissioner of revenue.
Sec. 29. [TRANSITIONAL PROVISION FOR INACTIVE POLITICAL
COMMITTEES AND FUNDS.]
Subdivision 1. [NOTICE.] Within 30 days after the
effective date of section 10, the ethical practices board shall
send a notice to all political committees and funds informing
them of the new requirements concerning inactive committees and
funds, along with a copy of section 10.
Subd. 2. [EXISTING INACTIVE COMMITTEES AND FUNDS.] A
political committee or fund that is inactive under the criteria
set forth in section 10, subdivision 3, on the effective date of
that section, shall dissolve by December 31, 1990, unless the
board defers dissolution under section 10, subdivision 3.
Sec. 30. [SEVERABILITY.]
If a provision of this article is found to be
unconstitutional and void, the remaining provisions of this
article remain valid.
Sec. 31. [APPROPRIATION.]
The sum of $150,000 is appropriated from the general fund
to the commissioner of revenue for fiscal years 1990 and 1991
for the administration of the credit in section 28.
Sec. 32. [REPEALER.]
Minnesota Statutes 1988, sections 10A.32, subdivisions 1,
2, 3, and 4; and 10A.33; and Minnesota Statutes 1989 Supplement,
section 10A.32, subdivision 3a, are repealed.
Sec. 33. [EFFECTIVE DATE.]
Sections 1 to 4, 6 to 17, 19 to 27, 29, 30, and 32 are
effective the day following final enactment. Sections 5 and 18
are effective January 1, 1991. Section 28 is effective for
taxable years beginning after December 31, 1989, for
contributions to candidates as defined in section 10A.01,
subdivision 5, excluding candidates for judicial office.
Section 28 is effective for taxable years beginning after
December 31, 1990, for contributions to candidates for the
United States House of Representatives and United States Senate.
ARTICLE 4
CONGRESSIONAL CAMPAIGN REFORM
Section 1. [10A.40] [LEGISLATIVE FINDINGS OF FACT;
LEGISLATIVE INTENT.]
Subdivision 1. [CAMPAIGN FINANCING; FINDINGS OF FACT.] The
legislature finds that:
(1) the spending on campaigns for congressional office has
increased to a disgraceful level and continues to rise;
(2) the need to raise campaign contributions has caused
Minnesota congressional candidates to aggressively solicit
contributions from special interest groups and out-of-state
sources, which diverts them from meeting Minnesota voters and
publicly debating the pressing issues of the day;
(3) the current practice of congressional campaign
contributions and spending, along with ethical scandals in
Washington, D.C., have created a public perception of political
corruption and undue influence by wealthy special interests;
(4) the United States Congress has debated necessary
reforms for years but has failed to act, and the Federal
Elections Campaign Act does not provide a means to encourage
congressional candidates to voluntarily limit the amount of
money they spend in campaigns; and
(5) as a consequence, Minnesota's representation in
Congress is jeopardized and the public's confidence in our
elected congressional representatives is weakened.
Subd. 2. [PURPOSE.] (a) In order to redress the problems
described in subdivision 1, it is necessary to encourage
congressional candidates to voluntarily limit the amount of
money they spend on campaigns. A further purpose is to achieve
the same successful results in congressional campaigns that have
made Minnesota's state campaign spending system a model for the
nation in the 15 years since its adoption.
(b) This article is intended to address the problems
described in subdivision 1 as follows:
(1) by establishing voluntary limitations on campaign
spending, candidates are discouraged from escalating campaign
spending through the current means of financing campaigns, and
campaign spending will likely be curtailed;
(2) by providing an alternate source of financing,
congressional candidates will be less susceptible to political
corruption and less dependent on special interests, which will
enhance the public's confidence in their congressional
representatives;
(3) by allowing candidates to focus on public issues rather
than fundraising, the public will be better served in its
representation and its opportunity to select the better
candidate;
(4) by reducing the influence of special interest groups
and out-of-state contributions, the integrity of the process and
the confidence of the public in their public servants will be
enhanced; and
(5) as a consequence, Minnesota will build on the success
of its system of voluntary expenditure limits.
Subd. 3. [LEGISLATIVE INTENT.] In enacting sections 1 to
12, the legislature intends to provide a system to encourage
voluntary campaign expenditure limits that, in concert with the
existing federal law and rules, will provide a comprehensive
system of campaign and election regulation. The legislature
does not intend to enact legislation that is in conflict with
existing federal law, and does not intend to regulate where
specific federal laws have already been enacted.
Sec. 2. [10A.41] [DEFINITIONS.]
Subdivision 1. [APPLICATION.] The definitions in this
section apply to sections 1 to 12. Where consistent with
federal law, the definitions in section 10A.01 also apply to
sections 1 to 12.
Subd. 2. [AUTHORIZED COMMITTEE.] "Authorized committee"
means the principal campaign committee or another political
committee designated and authorized by a congressional candidate
under United States Code, title 2, section 432, subsection
(e)(1), to receive contributions or make expenditures on behalf
of that congressional candidate.
Subd. 3. [CAMPAIGN EXPENDITURE; EXPENDITURE.] "Campaign
expenditure" or "expenditure" means "expenditure" as that term
is defined under United States Code, title 2, section 431,
paragraph (9).
Subd. 4. [CONGRESSIONAL CANDIDATE.] "Congressional
candidate" means an individual who seeks nomination or election
to the United States Senate or United States House of
Representatives from this state and who is a "candidate" as that
term is defined under United States Code, title 2, section 431,
paragraph (2). A congressional candidate is not a "candidate"
as defined in section 10A.01, subdivision 5.
Subd. 5. [CONTRIBUTION.] "Contribution" means a
"contribution" as that term is defined under United States Code,
title 2, section 431, paragraph (8).
Subd. 6. [INDEPENDENT CANDIDATE.] "Independent candidate"
means a congressional candidate who is not the candidate of a
major political party, minor political party, or new political
party.
Subd. 7. [MINOR POLITICAL PARTY.] "Minor political party"
means any political party under whose name in the last state
general election a candidate filed for statewide or
congressional office and received less than five percent but
more than three percent of the vote for that office.
Subd. 8. [NEW POLITICAL PARTY.] "New political party"
means a political party that is neither a major political party
nor a minor political party.
Subd. 9. [POLITICAL COMMITTEE.] "Political committee"
means a "political committee" as that term is defined under
United States Code, title 2, section 431, paragraph (4).
"Political committee" includes a major political party, a minor
political party, a principal campaign committee, and an
authorized committee.
Subd. 10. [PRINCIPAL CAMPAIGN COMMITTEE.] "Principal
campaign committee" means a political committee designated and
authorized by a congressional candidate under United States
Code, title 2, section 432, subsection (e)(1).
Sec. 3. [10A.42] [LIMITATION ON APPLICATION.]
The provisions of sections 10A.11 to 10A.24 relating to the
organization, registration, and administration of and reporting
and disclosure by political funds and political committees,
including principal campaign committees, do not apply to
congressional candidates and authorized committees of
congressional candidates. The organization, registration, and
administration of and reporting and disclosure by authorized
committees of congressional candidates are governed by United
States Code, title 2, chapter 14.
Sec. 4. [10A.43] [EXPENDITURE LIMIT AGREEMENT.]
Subdivision 1. [FINANCIAL INCENTIVE.] (a) The state
treasurer shall pay a financial incentive to each congressional
candidate of a major political party or minor political party
whose name will appear on the ballot in a general or special
election, who has signed an agreement to limit campaign
expenditures as provided in this section, and who is abiding by
the agreement. In the case of an independent or new political
party candidate, the congressional candidate must in addition
receive more than three percent of the vote cast at the general
election for the office sought. An incentive is not payable to
a congressional candidate whose name appears only on the ballot
in a primary election, but an incentive paid to a candidate in a
general or special election may be used to pay expenses or
retire debt incurred in the primary campaign.
(b) The amount of the incentive is up to 25 percent of the
expenditure limit for a congressional candidate for the office
of United States senator and up to 25 percent of the expenditure
limit for a congressional candidate for the office of
representative in Congress.
Subd. 2. [AGREEMENT.] As a condition of receiving an
incentive, a congressional candidate shall sign and file with
the board an agreement that the aggregate of expenditures made
by the authorized committees of the congressional candidate will
not exceed the expenditure limits in section 5. The expenditure
limits apply only to congressional candidates who have agreed to
be bound by the limits as a condition of receiving an incentive
for their campaigns.
Subd. 3. [SUBMISSION OF AGREEMENT.] Before the first day
of filing for office, the board shall forward agreement forms to
all filing officers. The congressional candidate may sign an
agreement and submit it to the filing officer on the day of
filing an affidavit of candidacy or petition to appear on the
ballot, in which case the filing officer shall without delay
forward signed agreements to the board. Alternatively, for a
general election the congressional candidate may submit the
agreement directly to the board by September 1 preceding the
general election. An agreement may not be rescinded after that
date. The board shall forward a copy of any agreement signed
under this subdivision to the commissioner of revenue.
Subd. 4. [HOW LONG AGREEMENT IS EFFECTIVE.] The agreement,
insofar as it relates to the expenditure limits in section 5,
remains effective for congressional candidates until the
termination of the authorized committees of the congressional
candidate, as provided under United States Code, title 2,
section 433(d), or the day filings open for the next succeeding
election to the office held or sought at the time of agreement,
whichever occurs first.
Subd. 5. [CREDIT RECEIPT FORMS; PENALTY.] The board shall
make available to a political party on request and to any
congressional candidate signing an agreement under this section
a supply of official credit receipt forms that state in boldface
type that (1) a contributor who is given a receipt form is
eligible to claim a credit as provided in section 290.06,
subdivision 23, and (2) if the contribution is to a
congressional candidate, that candidate has signed an agreement
to limit campaign expenditures as provided in this section. A
congressional candidate who does not sign an agreement under
this section and who willfully issues an official credit receipt
form or a facsimile of one to any of the candidate's
contributors is guilty of a misdemeanor.
Sec. 5. [10A.44] [CONGRESSIONAL CAMPAIGN SPENDING LIMITS.]
Subdivision 1. [LIMITS.] During the calendar year in which
an election is held for an office sought by a congressional
candidate, no expenditures may be made by the authorized
committees of that congressional candidate that result in an
aggregate amount in excess of the following:
(1) for United States senator, $3,400,000; and
(2) for representative in Congress, $425,000.
A congressional candidate whose name will appear on the
ballot in more than one general or special election in a year is
subject to a separate spending limit for each election. For a
candidate for representative in Congress in a special election,
the expenditure limits apply during the ten months before and
the two months after the special election.
Subd. 2. [ADJUSTMENT BY CONSUMER PRICE INDEX.] (a) The
dollar amounts provided in subdivision 1 must be adjusted for
general election years as provided in this subdivision. By June
1 of the general election year, the executive director of the
board shall determine the percentage increase in the consumer
price index from December of the year preceding the last general
election year to December of the year preceding the year in
which the determination is made. The dollar amounts used for
the last general election year must be multiplied by that
percentage. The product of the calculation must be added to
each dollar amount to produce the dollar limitations to be in
effect for the next general election and any special elections
for which filings open before a new limit is set. The product
must be rounded up to the next highest whole dollar. The index
used must be the revised consumer price index for all urban
consumers for the St. Paul-Minneapolis metropolitan area
prepared by the United States Department of Labor with 1982 as a
base year.
(b) The dollar amounts in subdivision 1 must be adjusted
for races in years subsequent to 1990 in the manner provided in
paragraph (a), and the last general election year must be
considered to be 1990 and the dollar amounts used for the last
general election year for the offices of United States senator
and representative in Congress must be $3,400,000 and $425,000
respectively.
(c) By June 15 of each year, the board shall publish in the
State Register the expenditure limit for each office for that
calendar year as adjusted under this subdivision.
Subd. 3. [CONTESTED PRIMARY RACES.] Notwithstanding the
limits imposed by subdivisions 1 and 2, the winning
congressional candidate in a contested race in a primary who
receives less than twice as many votes as any one of the
candidate's opponents in that primary may make aggregate
expenditures equal to 120 percent of the applicable amount under
subdivisions 1 and 2.
Subd. 4. [POSTELECTION YEAR EXPENDITURES.] In any year
following an election year for the office held or sought, the
aggregate amount of expenditures on behalf of a congressional
candidate for or holder of that office must not exceed 20
percent of the expenditure limit in subdivisions 1 and 2.
Subd. 5. [LIMITATION CONDITIONAL.] (a) The expenditure
limits imposed by this section apply as provided by this
subdivision.
(b) If all the congressional candidates seeking an office
agree to be bound by the limits, no candidate may receive an
incentive, but all candidates are bound by the limits.
(c) If all major political party congressional candidates
seeking an office agree to be bound by the limits, no such
candidate of a major political party may receive an incentive,
but all such candidates are bound by the limits.
(d) If a candidate of a major political party, minor
political party or new political party, or an independent
candidate, (i) agrees to be bound by the limits, and (ii) has an
opponent who is a candidate of a major political party and who
declines to be bound by the limits, the candidate who agrees to
limits is eligible to receive an incentive and is not bound by
the limits.
Subd. 6. [CERTAIN POSTELECTION COSTS.] After the election,
a congressional candidate who is not a congressional incumbent
and has been elected to Congress may spend an amount up to ten
percent of the limits under subdivision 1 or 2 to defray
transition costs. This money may be spent only for the costs of
the transition that are incurred between the election and the
date on which the elected candidate begins congressional service
and cannot be used to retire debts remaining from the primary or
general election campaign.
Sec. 6. [10A.45] [CONTRIBUTION AND LOAN LIMITS.]
Contributions by or to a congressional candidate and loans
to a congressional candidate are governed by United States Code,
title 2, chapter 14.
Sec. 7. [10A.46] [MULTICANDIDATE POLITICAL PARTY
EXPENDITURES.]
Multicandidate political party expenditures with respect to
congressional candidates are governed by United States Code,
title 2, section 431, paragraph (9).
Sec. 8. [10A.47] [PENALTY FOR EXCEEDING LIMITS.]
Subdivision 1. [EXPENDITURE LIMITS.] A congressional
candidate subject to the expenditure limits in section 5 who
permits the candidate's authorized committees to make aggregate
expenditures on the candidate's behalf in excess of the limits
imposed by section 5 is subject to a civil fine of up to four
times the amount by which the expenditures exceed the limit.
Subd. 2. [CONTRIBUTION LIMITS.] A congressional candidate
who permits the candidate's authorized committees to accept
contributions in excess of the limits imposed under United
States Code, title 2, chapter 14, is subject to the penalties
imposed by United States Code, title 2, section 437g.
Subd. 3. [CONCILIATION AGREEMENTS.] If the board finds
that there is reason to believe that excess expenditures have
been made contrary to subdivision 1, the board shall make every
effort for not less than 14 days after its finding to correct
the matter by informal methods of conference and conciliation
and to enter a conciliation agreement with the person involved.
A conciliation agreement made under this subdivision is a matter
of public record. Unless violated, a conciliation agreement
bars any civil proceeding under subdivision 4.
Subd. 4. [CIVIL ACTION.] If the board is unable after a
reasonable time to correct by informal methods any matter that
constitutes probable cause to believe that excess expenditures
have been made contrary to subdivision 1, the board shall make a
public finding of probable cause in the matter. After making a
public finding, the board shall bring an action or transmit the
finding to a county attorney who shall bring an action to impose
a civil fine as prescribed by the board under subdivision 1. An
action filed against a congressional candidate for United States
senator must be brought in the district court of Ramsey county.
An action filed against a congressional candidate for
representative in Congress may be brought in the district court
of a county within the congressional candidate's congressional
district or in the district court in Ramsey county. All money
recovered under this section must be deposited in the state
treasury and credited to the general fund.
Sec. 9. [10A.48] [MATCHING REQUIREMENTS.]
In order to be eligible to receive a financial incentive, a
congressional candidate must provide evidence to the board of
contributions equal to the financial incentive. Except as
otherwise provided by section 10, when a candidate submits an
affidavit to the board showing contributions equal to at least
one-fourth of the incentive amount, that amount will be paid to
the candidate. A candidate may receive the incentive at any
time during the calendar year in which the election is held,
after the certification of primary results, and may receive it
in quarters, or in larger portions if the candidate submits an
affidavit showing that a larger amount of contributions has been
made.
Sec. 10. [10A.49] [CERTIFICATION AND DISTRIBUTION.]
Subdivision 1. [CERTIFICATION OF ELIGIBLE
CANDIDATES.] Within one week after certification by the state
canvassing board of the results of the primary, the ethical
practices board shall certify to the state treasurer the name of
each major political party or minor political party
congressional candidate who is eligible to receive a financial
incentive.
Subd. 2. [DISTRIBUTION OF MONEY AFTER PRIMARY.] Within two
weeks after certification by the state canvassing board of the
results of the primary, the state treasurer shall pay an
incentive to each major political party or minor political party
congressional candidate who has signed an agreement as required
under section 5 and is eligible to receive an incentive.
Subd. 3. [INDEPENDENT AND NEW PARTY CANDIDATES.] Within
two weeks after certification by the state canvassing board of
the results of the state general election, the state treasurer
shall pay an incentive to each independent or new political
party congressional candidate who has signed an agreement as
required under section 5 and is eligible to receive an
incentive. To be eligible to receive an incentive, an
independent or new party congressional candidate must receive at
least three percent of the vote cast at the general election for
the office sought.
Subd. 4. [APPROPRIATION.] The amount necessary to pay the
incentives under this section is appropriated from the general
fund to the state treasurer.
Sec. 11. [10A.50] [RETURN OF FINANCIAL INCENTIVE.]
Subdivision 1. [WHEN REQUIRED.] A congressional candidate
shall return all or a portion of the financial incentive
received under the circumstances in this subdivision. To the
extent that the incentive received exceeds the aggregate of
actual expenditures made by the authorized committees of the
congressional candidate, the treasurer of the congressional
candidate's principal campaign committee shall return an amount
equal to the difference to the board.
Subd. 2. [HOW RETURN DETERMINED.] Whether a congressional
candidate is required under subdivision 1 to return all or a
portion of the incentive received must be determined from the
report required to be filed with the secretary of state by that
congressional candidate by January 31 of the year following an
election. Any amount required to be returned must be submitted
in the form of a check or money order and must accompany the
report filed under section 12. The secretary of state shall
forward the check or money order to the state treasurer for
deposit in the general fund. The amount returned must not
exceed the amount of incentive received by the congressional
candidate.
Sec. 12. [10A.51] [CAMPAIGN REPORTS.]
A congressional candidate who agrees to be bound by the
expenditure limits in section 5, as a condition of receiving an
incentive for the candidate's campaign, shall file with the
secretary of state all reports that the candidate or the
candidate's principal campaign committee treasurer acting for
the candidate is required to file under United States Code,
title 2, chapter 14. The secretary of state shall forward
copies of the reports, within 30 days after they are received,
to the board.
Sec. 13. [SEVERABILITY.]
If a provision of this article is found to be
unconstitutional and void, the remaining provisions of this
article remain valid.
Sec. 14. [EFFECTIVE DATE.]
This article is effective January 1, 1991.
ARTICLE 5
CONGRESSIONAL ACTION ENCOURAGED
Section 1. [NO MORE THAN 40 PERCENT FROM PACS.]
The Congress of the United States, acting under article I,
section 4, of the Constitution, having chosen to regulate
contributions to candidates for Congress, so that questions
exist regarding the authority of state legislatures to regulate
those contributions, is urged to enact additional regulations of
contributions to congressional candidates so that a
congressional candidate may receive no more than 40 percent of
campaign contributions in any calendar year from political
committees as defined in United States Code, title 2, section
431, paragraph (4)(A) or (B).
ARTICLE 6
OPEN MEETINGS OF THE LEGISLATURE
Section 1. [3.055] [OPEN MEETINGS.]
Subdivision 1. [MEETINGS TO BE OPEN.] Meetings of the
legislature shall be open to the public, including sessions of
the senate, sessions of the house of representatives, joint
sessions of the senate and the house of representatives, and
meetings of a standing committee, committee division,
subcommittee, conference committee, or legislative commission,
but not including a caucus of the members of any of those bodies
from the same house and political party nor a delegation of
legislators representing a geographic area or political
subdivision. For purposes of this section, a meeting occurs
when a quorum is present and action is taken regarding a matter
within the jurisdiction of the body.
Subd. 2. [ENFORCEMENT.] The house of representatives and
the senate shall adopt rules to implement this section.
Remedies provided by rules of the house and senate are
exclusive. No court or administrative agency has jurisdiction
to enforce, enjoin, penalize, award damages, or otherwise act
upon a violation or alleged violation of this section, to
invalidate any provision of law because of a violation of this
section, or to otherwise interpret this section.
Sec. 2. [SEVERABILITY.]
If a provision of this article is found to be
unconstitutional and void, the remaining provisions of this
article remain valid.
ARTICLE 7
MISCELLANEOUS PROVISIONS
Section 1. Minnesota Statutes 1988, section 97A.485, is
amended by adding a subdivision to read:
Subd. 1a. [DEER LICENSE; ABSENTEE BALLOT APPLICATION.] The
commissioner shall include with every license to take deer with
firearms or by archery, sold or issued during a general election
year, an application for absentee ballots and a voter
registration card. The commissioner shall obtain absentee
ballot application forms from the secretary of state.
Sec. 2. Minnesota Statutes 1988, section 204B.09,
subdivision 1, is amended to read:
Subdivision 1. [CANDIDATES IN STATE AND COUNTY GENERAL
ELECTIONS.] Except as otherwise provided by this subdivision,
affidavits of candidacy and nominating petitions for county,
state and federal offices filled at the state general election
shall be filed not more than 70 days nor less than 56 days
before the state primary. The affidavit may be prepared and
signed at any time between 60 days before the filing period
opens and the last day of the filing period. Candidates for
presidential electors may file petitions on or before the state
primary day. Nominating petitions to fill vacancies in
nominations shall be filed as provided in section 204B.13. No
affidavit or petition shall be accepted later than 5:00 p.m. on
the last day for filing. Affidavits and petitions for offices
to be voted on in only one county shall be filed with the county
auditor of that county. Affidavits and petitions for offices to
be voted on in more than one county shall be filed with the
secretary of state.
Sec. 3. [204D.165] [SAMPLE BALLOTS TO SCHOOLS.]
Notwithstanding any contrary provisions in section 204D.09
or 204D.16, the county auditor, two weeks before the applicable
primary or general election, shall provide one copy of the
sample partisan primary, nonpartisan primary, canary, white, or
pink ballot to a school district upon request. The school
district may have the sample ballots reproduced at its expense
for classroom educational purposes.
Sec. 4. Minnesota Statutes 1988, section 383B.055,
subdivision 1, is amended to read:
Subdivision 1. The state ethical practices board shall:
(a) Develop forms for all statements and reports required
to be filed under sections 383B.041 to 383B.054 and furnish the
forms to the county filing officer in Hennepin county;
(b) (1) issue and publish advisory opinions concerning the
requirements of sections 383B.041 to 383B.057 upon application
in writing by the county filing officer of Hennepin county or
any individual or association who wishes to use the opinion to
guide the applicant's own conduct; and
(c) (2) exempt any individual or association required to
disclose information under sections 383B.046 to 383B.05 from any
requirement of those sections in the same manner as it exempts
any individual or association from disclosure requirements under
chapter 10A. An individual or association exempted from the
disclosure provisions of chapter 10A, shall also be exempt from
the disclosure provisions of sections 383B.046 to 383B.05.
Sec. 5. Minnesota Statutes 1988, section 383B.055,
subdivision 2, is amended to read:
Subd. 2. The county filing officer of Hennepin county
shall develop forms for all statements and reports required to
be filed under sections 383B.041 to 383B.054. The filing
officer shall furnish sufficient copies of the forms provided by
the ethical practices board to all officers with whom candidates
file affidavits or applications of candidacy and nominating
petitions.
ARTICLE 8
JUDICIAL MERIT SELECTION
Section 1. [480B.01] [COMMISSION ON JUDICIAL SELECTION.]
Subdivision 1. [JUDICIAL VACANCIES.] If a judge of the
district court dies, resigns, retires, or is removed during the
judge's term of office, or if a new district judgeship is
created, the resulting vacancy must be filled by the governor as
provided in this section.
Subd. 2. [COMMISSION ESTABLISHED; MEMBERS.] A commission
on judicial selection is established. It is composed of
permanent members chosen as described in paragraphs (a) to (e).
(a) The governor shall appoint seven at-large members to
the commission who serve at the pleasure of the governor. The
governor shall appoint one of these members as chair of the
commission. The chair may but does not have to be an attorney.
The governor may appoint attorneys to fill no more than four of
the remaining six positions.
(b) The justices of the supreme court shall appoint two
at-large members to the commission to serve four-year terms,
ending on the same day the governor's term of office ends. The
justices may appoint an attorney to fill no more than one of the
two positions.
(c) The governor shall appoint two district members to the
commission in each judicial district who serve at the pleasure
of the governor. The governor may appoint an attorney to fill
no more than one of the two positions.
(d) The justices of the supreme court shall appoint two
district members to the commission from each judicial district
to serve four-year terms, ending on the same day the governor's
term of office ends. The justices may appoint an attorney to
fill no more than one of the two positions.
(e) The appointing authorities shall ensure that the
permanent members of the commission include women and minorities.
Subd. 3. [PARTICIPATION IN MEETINGS.] Individuals
appointed as district members under subdivision 2, paragraphs
(c) and (d), may participate in commission meetings and
deliberations only when the commission is considering applicants
to fill a vacancy on the district court in the judicial district
from which those individuals were appointed.
Subd. 4. [VACANCIES.] If a vacancy occurs on the
commission by reason of the death or resignation of a member or
by the removal of a member appointed under subdivision 2, the
appointing or electing authority shall appoint or elect an
individual to fill the vacancy for the unexpired term.
Subd. 5. [QUORUM.] A quorum of the commission is seven
members.
Subd. 6. [TEMPORARY INELIGIBILITY FOR VACANCY.] Members of
the commission who would otherwise be eligible to hold judicial
office may not be considered or appointed to fill a district
court judicial vacancy while they are members of the commission
or for one year following the end of their membership on the
commission.
Subd. 7. [RECRUITMENT PROCESS.] The commission shall
prepare and make available to the public and file with the clerk
of the appellate courts and the secretary of state an outline of
the process the commission will follow in recruiting and
evaluating candidates to fill judicial vacancies. The
commission shall actively seek out and encourage qualified
individuals, including women and minorities, to apply for
judicial offices.
Subd. 8. [CANDIDATE EVALUATION.] The commission shall
evaluate the extent to which candidates have the following
qualifications for judicial office: integrity, maturity, health
if job related, judicial temperament, diligence, legal
knowledge, ability and experience, and community service. The
commission shall give consideration to women and minorities.
The commission shall solicit, in writing, recommendations from
attorney associations in the judicial district and from
organizations that represent minority or women attorneys in the
judicial district who have requested solicitation.
Subd. 9. [COMMISSION MEETINGS; NOTICE; TIME.] Within ten
days after a judicial vacancy occurs or the governor has been
notified that a vacancy will occur on a named date, the governor
shall give notice of the vacancy to the chair of the commission
on judicial selection. A meeting of the commission to consider
the candidates for the vacancy must be held not less than 21
days nor more than 42 days after the governor provides
notification of the vacancy.
Subd. 10. [NOTICE TO THE PUBLIC.] Upon receiving notice
from the governor that a judicial vacancy has occurred or will
occur on a specified date, the chair shall provide notice of the
following information:
(1) the office that is or will be vacant;
(2) that applications from qualified persons or on behalf
of qualified persons are being accepted by the commission;
(3) that application forms may be obtained from the
governor or the commission at a named address; and
(4) that application forms must be returned to the
commission by a named date.
The notice must be made available to attorney associations
in the judicial district where the vacancy has occurred or will
occur and to at least one newspaper of general circulation in
each county in the district.
Subd. 11. [NOMINEES TO GOVERNOR.] Within 60 days after the
receipt of a notice of a judicial vacancy, the committee shall
recommend to the governor no fewer than three and no more than
five nominees for each judicial vacancy. The names of the
nominees must be made public. The governor may fill the vacancy
from the nominees recommended by the commission. If the
governor declines to select a nominee to fill the vacancy from
the list of nominees, or if no list is submitted to the governor
under this subdivision, the governor may select a person to fill
the vacancy without regard to the commission's recommendation.
If fewer than 60 days remain in the term of office of a governor
who will not succeed himself or herself in office, the governor
may fill a vacancy without waiting for the commission to
recommend a list of nominees.
Subd. 12. [COMMISSION MEETINGS AND DATA.] Meetings of the
commission may be closed to discuss the candidates. The
commission shall file an annual tabulation with the governor of
the number of applicants for judicial office and the age, sex,
and race of applicants.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective July 1, 1990, and applies to
vacancies that occur after that date.
Presented to the governor April 28, 1990
Signed by the governor May 5, 1990, 12:12 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes