Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 220-S.F.No. 145
An act relating to ethics in government; clarifying
and simplifying the law related to lobbyist
registration, conflicts of interest, and campaign
finance; eliminating invalid provisions; amending
Minnesota Statutes 1998, sections 10A.01; 10A.02, as
amended; 10A.03; 10A.04; 10A.05; 10A.06; 10A.065,
subdivisions 1, 1a, and 3; 10A.08; 10A.09; 10A.10;
10A.11; 10A.12; 10A.13; 10A.14; 10A.15; 10A.16;
10A.17; 10A.18; 10A.19; 10A.20; 10A.22, subdivisions 6
and 7; 10A.23; 10A.24; 10A.241; 10A.242; 10A.25;
10A.255, subdivisions 1 and 3; 10A.265; 10A.27;
10A.275, subdivision 1; 10A.28; 10A.29; 10A.30,
subdivision 1; 10A.31; 10A.315; 10A.321; 10A.322;
10A.323; 10A.324, subdivisions 1 and 3; 10A.34;
200.02, by adding a subdivision; and 290.06,
subdivision 23; proposing coding for new law in
Minnesota Statutes, chapter 10A; repealing Minnesota
Statutes 1998, sections 10A.065, subdivision 5;
10A.22, subdivisions 1, 4, and 5; 10A.255, subdivision
2; 10A.275, subdivisions 2 and 3; 10A.324,
subdivisions 2 and 4; 10A.325; 10A.335; 10A.40;
10A.41; 10A.42; 10A.43; 10A.44; 10A.45; 10A.46;
10A.47; 10A.48; 10A.49; 10A.50; and 10A.51.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 10A.01, is
amended to read:
10A.01 [DEFINITIONS.]
Subdivision 1. [SCOPE APPLICATION.] For the purposes of
sections 10A.01 to 10A.34, the terms defined in this section
have the meanings given them unless the context clearly
indicates otherwise.
Subd. 2. [ADMINISTRATIVE ACTION.] "Administrative action"
means an action by any official, board, commission or agency of
the executive branch to adopt, amend, or repeal a rule pursuant
to under chapter 14. "Administrative action" does not include
the application or administration of an adopted rule, except in
cases of rate setting, power plant and powerline siting, and
granting of certificates of need under chapter 116J section
216B.243.
Subd. 3. [ASSOCIATION.] "Association" means business,
corporation, firm, partnership, committee, labor organization,
club, or any other a group of two or more persons, which
includes more than who are not all members of an immediate
family, acting in concert.
Subd. 4. [ASSOCIATED BUSINESS.] "Associated business"
means any an association in connection with from which the
individual is compensated receives compensation in excess of $50
, except for actual and reasonable expenses, in any month as a
director, officer, owner, member, partner, employer or employee,
or is a holder of whose securities the individual holds worth
$2,500 or more at fair market value.
Subd. 5. [CANDIDATE.] "Candidate" means an individual who
seeks nomination or election to any statewide or legislative
office for which reporting is not required under federal laws.
The term candidate shall also include an individual who seeks
nomination or election to supreme court, court of appeals, or
district court judgeships of the as a state constitutional
officer, legislator, or judge. An individual shall be is deemed
to seek nomination or election if the individual has taken the
action necessary under the law of the this state of Minnesota to
qualify for nomination or election, has received contributions
or made expenditures in excess of $100, or has given implicit or
explicit consent for any other person to receive contributions
or make expenditures in excess of $100, for the purpose of
bringing about the individual's nomination or election. A
candidate remains a candidate until the candidate's principal
campaign committee is dissolved as provided in section 10A.24.
Subd. 6. [BOARD.] "Board" means the state campaign finance
and public disclosure board.
Subd. 7. [CONTRIBUTION.] (a) "Contribution" means a
transfer of funds money, a negotiable instrument, or a donation
in kind that is given to a political committee, political fund,
principal campaign committee, or party unit.
(b) "Contribution" includes any a loan or advance of credit
to a political committee, political fund, or principal campaign
committee, which or party unit, if the loan or advance of credit
is (a): (1) forgiven,; or (b) paid (2) repaid by an
individual or an association other than the political committee,
political fund, or principal campaign committee, or party unit
to which the loan or advance of credit is was made. If an
advance of credit or a loan is forgiven or paid repaid as
provided in this subdivision paragraph, it is a contribution in
the year in which the loan or advance of credit is was 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.
(c) "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, principal campaign committee, or party unit,
or the publishing or broadcasting of news items or editorial
comments by the news media.
Subd. 7a. [TRANSFER OF FUNDS.] "Transfer of funds" or
"transfer" means money or negotiable instruments given by an
individual or association to a political committee, political
fund, or principal campaign committee for the purpose of
influencing the nomination or election of a candidate or for the
purpose of promoting or defeating a ballot question.
Subd. 7b. [DONATION IN KIND.] "Donation in kind" means
anything of value that is given, other than money or negotiable
instruments given by an individual or association to a political
committee, political fund, or principal campaign committee for
the purpose of influencing the nomination or election of a
candidate or for the purpose of promoting or defeating a ballot
question. Donation in kind includes An approved expenditure is
a donation in kind.
Subd. 8. [DEPOSITORY.] "Depository" means any a bank,
savings association, or credit union, organized under federal or
state law and transacting business within Minnesota this state.
Subd. 9. [ELECTION.] "Election" means a primary, special
primary, general, or special election.
Subd. 9a. [ELECTION CYCLE.] "Election cycle" means the
period from January 1 following a general election for an office
to December 31 following the next general election for that
office, except that "election cycle" for a special election
means the period from the date the special election writ is
issued to 60 days after the special election is held.
Subd. 10. [CAMPAIGN EXPENDITURE.] "Campaign expenditure"
or "expenditure" means a purchase or payment of money or
anything of value, or an advance of credit, made or incurred for
the purpose of influencing the nomination or election of a
candidate or for the purpose of promoting or defeating a ballot
question.
An expenditure is considered to be made in the year in
which the candidate made the purchase of goods or services or
incurred an obligation to pay for goods or services.
An expenditure 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.
Except as provided in clause (a) (1), "expenditure"
includes the dollar value of a donation in kind.
"Expenditure" does not include:
(a) (1) noncampaign disbursements as defined in subdivision
10c;
(b) Transfers as defined in subdivision 7a;
(c) (2) services provided without compensation by an
individual volunteering personal time on behalf of a candidate,
ballot question, political committee, or political fund,
principal campaign committee, or party unit; or
(d) (3) the publishing or broadcasting of news items or
editorial comments by the news media.
Subd. 10a. [APPROVED EXPENDITURE.] "Approved expenditure"
means an expenditure made on behalf of a candidate by an entity
other than the principal campaign committee of that the
candidate, which if the expenditure is made with the
authorization or expressed or implied consent of, or in
cooperation or in concert with, or at the request or suggestion
of that the candidate, the candidate's principal campaign
committee, or the candidate's agent. An approved expenditure is
a contribution to that candidate.
Subd. 10b. [INDEPENDENT EXPENDITURE.] "Independent
expenditure" means an expenditure expressly advocating the
election or defeat of a clearly identified candidate, which if
the 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. An
expenditure by a political party or political party unit, as
defined in section 10A.275, subdivision 3, in a race where the
political party has a candidate on the ballot is not an
independent expenditure.
Subd. 10c. [NONCAMPAIGN DISBURSEMENT.] "Noncampaign
disbursement" means a purchase or payment of money or anything
of value made, or an advance of credit incurred, or a donation
in kind received, by a political committee, political fund, or
principal campaign committee for any of the following purposes:
(a) (1) payment for accounting and legal services;
(b) (2) return of a contribution to the source;
(c) (3) repayment of a loan made to the political
committee, political fund, or principal campaign committee by
that committee or fund;
(d) (4) return of a public subsidy;
(e) (5) payment for food, beverages, entertainment, and
facility rental for a fundraising event;
(f) (6) 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
adjournment sine die of the legislature in the election year for
the office held, and half the cost of services for a constituent
by a member of the legislature or a constitutional officer in
the executive branch performed from adjournment sine die to 60
days after adjournment sine die;
(g) a donation in kind given to the political committee,
political fund, or principal campaign committee for purposes
listed in clauses (e) and (f);
(h) (7) payment for food and beverages provided to campaign
volunteers while they are engaged in campaign activities;
(i) (8) payment of expenses incurred by elected or
appointed leaders of a legislative caucus in carrying out their
leadership responsibilities;
(j) (9) payment by a principal campaign committee of the
candidate's expenses for serving in public office, other than
for personal uses;
(k) (10) costs of child care for the candidate's children
when campaigning;
(l) (11) fees paid to attend a campaign school;
(m) (12) costs of a postelection party during the election
year when a candidate's name will no longer appear on a ballot
or the general election is concluded, whichever occurs first;
(n) (13) interest on loans paid by a principal campaign
committee on outstanding loans;
(o) (14) filing fees;
(p) (15) post-general election thank-you notes or
advertisements in the news media;
(q) (16) the cost of campaign material purchased to replace
defective campaign material, if the defective material is
destroyed without being used;
(r) transfers (17) contributions to a party unit as defined
in section 10A.275, subdivision 3; and
(s) (18) other purchases or payments specified in board
rules or advisory opinions as being for any purpose other than
to influence the nomination or election of a candidate or to
promote or defeat a ballot question.
The board shall determine whether an activity involves a
noncampaign disbursement within the meaning of this subdivision.
A noncampaign disbursement is considered to be made in the
year in which the candidate made the purchase of goods or
services or incurred an obligation to pay for goods or services.
Subd. 11. [LOBBYIST.] (a) "Lobbyist" means an individual:
(1) engaged for pay or other consideration, or authorized
to spend money by another individual, association, 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
(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:
(1) a public official;
(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 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;
(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;
(6) an individual while engaged in selling goods or
services to be paid for by public funds;
(7) a news medium or 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;
(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; or
(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
(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.
Subd. 12. [MAJOR POLITICAL PARTY.] "Major political party"
means a major political party as defined in section 200.02,
subdivision 7.
Subd. 13. [MINOR POLITICAL PARTY.] "Minor political party"
means any party other than a major a minor political party: as
defined in section 200.02, subdivision 23.
(a) Under whose name in the last applicable general
election a candidate filed for legislative office and received
not less than ten percent of the vote for that office, or filed
for statewide office; or
(b) Which files a petition with the secretary of state
containing the names of 2,000 individuals registered to vote in
Minnesota and declaring that the signers desire that the party
be eligible to receive money from the state elections campaign
fund in the same manner as a major political party.
For the purposes of this chapter, all individuals who are
eligible to vote in areas where there is no permanent system of
registration shall be considered registered voters.
Subd. 15. [POLITICAL COMMITTEE.] "Political committee"
means any an association as defined in subdivision 3 whose major
purpose is to influence the nomination or election of a
candidate or to promote or defeat a ballot question.
"Political committee" includes a major political party as
defined in subdivision 12, a minor political party as defined in
subdivision 13, and any, other than a principal campaign
committee formed pursuant to section 10A.19 or a political party
unit.
Subd. 16. [POLITICAL FUND.] "Political fund" means any an
accumulation of dues or voluntary contributions by an
association other than a political committee, which principal
campaign committee, or party unit, if the accumulation is
collected or expended for the purpose of influencing to
influence the nomination or election of a candidate or for the
purpose of promoting to promote or defeating defeat a ballot
question.
Subd. 17. [POLITICAL PARTY.] "Political party" means
either a major political party or a minor political party. A
political party is the aggregate of all its political party
units in this state.
Subd. 17a. [POLITICAL PARTY UNIT.] "Political party unit"
or "party unit" means the state committee or the party
organization within a house of the legislature, congressional
district, county, legislative district, municipality, or
precinct.
Subd. 17b. [PRINCIPAL CAMPAIGN COMMITTEE.] "Principal
campaign committee" means a principal campaign committee formed
under section 10A.19.
Subd. 18. [PUBLIC OFFICIAL.] "Public official" means any:
(a) (1) member of the legislature;
(2) individual employed by the legislature as secretary of
the senate, legislative auditor, chief clerk of the house,
revisor of statutes, or researcher, legislative analyst, or
attorney in the office of senate counsel and research or house
research;
(b) (3) constitutional officer in the executive branch and
the officer's chief administrative deputy;
(c) member, chief administrative officer or deputy chief
administrative officer of a state board or commission which has
at least one of the following powers: (i) the power to adopt,
amend or repeal rules, or (ii) the power to adjudicate contested
cases or appeals;
(4) solicitor general or deputy, assistant, or special
assistant attorney general;
(d) (5) commissioner, deputy commissioner, or assistant
commissioner of any state department or agency as designated
pursuant to listed in section 15.01 or 15.06;
(6) member, chief administrative officer, or deputy chief
administrative officer of a state board or commission that has
either the power to adopt, amend, or repeal rules, or the power
to adjudicate contested cases or appeals;
(e) (7) individual employed in the executive branch who is
authorized to adopt, amend, or repeal rules or adjudicate
contested cases;
(f) (8) executive director of the state board of
investment;
(g) executive director of the Indian affairs intertribal
board;
(h) commissioner of the iron range resources and
rehabilitation board;
(i) commissioner of mediation services;
(j) (9) deputy of any official listed in clauses (e) to
(i) (7) and (8);
(k) (10) judge of the workers' compensation court of
appeals;
(l) (11) administrative law judge or compensation judge in
the state office of administrative hearings or referee in the
department of economic security;
(m) solicitor general or deputy, assistant or special
assistant attorney general;
(n) individual employed by the legislature as secretary of
the senate, legislative auditor, chief clerk of the house,
revisor of statutes, or researcher, legislative analyst, or
attorney in the office of senate counsel and research or house
research;
(o) (12) member, regional administrator, division director,
general counsel, or operations manager of the metropolitan
council;
(13) member or chief administrator of a metropolitan
agency;
(p) the director of the racing commission, the director of
the gambling control board, the director of the state lottery,
and the deputy director of the state lottery;
(q) (14) director of the division of alcohol and gambling
enforcement in the department of public safety;
(r) (15) member or executive director of the higher
education facilities authority;
(s) (16) member of the board of directors or president of
the Minnesota world trade center corporation; or
(t) member or chief administrator of a metropolitan agency
Minnesota Technology, Inc.; or
(17) member of the board of directors or executive director
of the Minnesota state high school league.
Subd. 19. [OFFICE HOLDER.] "Office holder" means an
individual who holds any statewide or legislative office, except
a federal office for which candidates are required to report
under federal laws, state supreme court justice, and judges of
the court of appeals or district court.
Subd. 20. [ADVANCE OF CREDIT.] "Advance of credit" means
any money owed for goods provided or services rendered. An
advance of credit is an expenditure or a noncampaign
disbursement in the year in which the goods or services are used
or consumed. "Advance of credit" does not mean a loan as
defined in subdivision 21.
Subd. 21. [LOAN.] "Loan" means an advance of money or
anything of value made to a political committee, political fund,
or principal campaign committee, or party unit.
Subd. 22. [FINANCIAL INSTITUTION.] "Financial institution"
means a lending institution chartered by an agency of the
federal government or regulated by the commissioner of commerce.
Subd. 23. [BALLOT QUESTION.] "Ballot question" means a
question or proposition which that is placed on the ballot and
which that may be voted on by all voters of the state.
"Promoting or defeating a ballot question" includes activities
related to qualifying the question for placement on the ballot.
Subd. 24. [STATE COMMITTEE.] "State committee" means the
organization which that, by virtue of the bylaws of a political
party, is responsible for the day-to-day operation of the
political party at the state level.
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.
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, or a metropolitan agency as defined in
section 473.121, subdivision 5a, the Minnesota state high school
league, and Minnesota Technology, Inc.
Subd. 27. [POLITICAL SUBDIVISION.] "Political subdivision"
means the metropolitan council, a metropolitan agency as defined
in section 473.121, subdivision 5a, or a municipality as defined
in section 471.345, subdivision 1, the Minnesota state high
school league, and Minnesota Technology, Inc.
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 10A.04, subdivision 6.
Subd. 29. [POPULATION.] "Population" means the population
established by the most recent federal census, by a special
census taken by the United States Bureau of the Census, by an
estimate made by the metropolitan council, or by an estimate
made by the state demographer under section 4A.02, whichever has
the latest stated date of count or estimate.
Sec. 2. Minnesota Statutes 1998, section 10A.02, as
amended by Laws 1999, chapter 1, section 1, is amended to read:
10A.02 [BOARD OF CAMPAIGN FINANCE AND PUBLIC DISCLOSURE.]
Subdivision 1. [MEMBERSHIP.] There is hereby created a
state The campaign finance and public disclosure board is
composed of six members. The members shall be appointed by the
governor shall appoint the members 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. Two members shall must be former members
of the legislature who support different political parties; two
members shall must 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
must support different political parties. No more than three of
the members of the board shall may support the same political
party. No member of the board may currently serve as a lobbyist.
Subd. 2. [VACANCY; TERMS.] Any An appointment to fill a
vacancy shall be is made only for the unexpired term of a member
who is being replaced and the appointee shall must meet the same
stated qualifications as the member being replaced. The
membership terms, compensation, and removal of members on the
board shall be are as provided in section 15.0575, except that
the extension of terms and the filling of vacancies shall be are
subject to the advice and consent of the legislature in the same
manner as provided in subdivision 1.
Subd. 3. [VOTE REQUIRED.] The concurring vote of four
members of the board shall be is required to decide any matter
before the board.
Subd. 4. [OFFICERS.] The board shall elect from among its
members a chair, and a vice-chair and a secretary. The
secretary shall keep a record of all proceedings and actions by
the board. Meetings of the board shall be are at the call of
the chair or at the call of any four members of the board acting
together.
Subd. 5. [EXECUTIVE DIRECTOR; STAFF.] The board shall
appoint an executive director who shall be. The executive
director is in the unclassified service. The executive director
serves as secretary of the board and shall keep a record of all
proceedings and actions by the board. The board may also employ
and prescribe the duties of other permanent or temporary
employees in the unclassified service as may be necessary to
administer this chapter, subject to appropriation. The
executive director and all other employees shall serve at the
pleasure of the board. Expenses of the board shall must be
approved by the chair or such other another member as the rules
of the board may provide and the expenses shall must then be
paid in the same manner as other state expenses are paid.
Subd. 7. [POLITICAL ACTIVITY.] All members and employees
of the board shall be are subject to any provisions of law
regulating political activity by state employees. In addition,
no member or employee of the board shall may be a candidate for,
or holder of, (a) (1) a national, state, congressional district,
legislative district, county, or precinct office in a political
party, or (b) (2) an elected public office for which party
designation is required by statute.
Subd. 8. [DUTIES.] (a) The board shall:
(a) report at the close of each fiscal year to the
legislature, the governor, and the public concerning the action
it has taken, the names, salaries, and duties of all individuals
in its employ, and the money it has disbursed. The board shall
include and identify in its report any other reports it has made
during the fiscal year. It may indicate apparent abuses and
offer legislative recommendations;.
(b) The board shall prescribe forms for statements and
reports required to be filed under this chapter and make the
forms available to individuals required to file them;.
(c) The board shall make available to the individuals
required to file the reports and statements a manual setting
forth the recommended uniform methods of bookkeeping and
reporting;.
(d) The board shall develop a filing, coding, and
cross-indexing system consistent with the purposes of this
chapter;.
(e) The board shall make the reports and statements filed
with it available for public inspection and copying by the end
of the second day following the day on which they were
received. Any An individual may copy a report or statement by
hand or by duplicating machine and the board shall provide
duplicating services at cost for this purpose. No information
copied from reports and statements shall be sold or utilized by
any individual or association for any commercial purpose.
"Commercial purpose" does not include purposes related to
elections, political activities, or law enforcement. Any
individual or association violating the provisions of this
clause may be subject to a civil penalty of up to $1,000. An
individual who knowingly violates this subdivision is guilty of
a misdemeanor;
(f) Notwithstanding the provisions of section 138.163, the
board shall preserve reports and statements for a period of five
years from the date of receipt;.
(g) The board shall compile and maintain a current list and
summary of all statements or parts of statements pertaining to
each candidate; and.
(h) The board shall prepare and publish reports as it may
deem considers appropriate.
Subd. 9. [DOCUMENTS; INFORMATION.] The executive
director of the board or the director's staff shall inspect all
material filed with the board as promptly as is necessary to
comply with the provisions of this chapter, and other provisions
of law requiring the filing of a document with the board. The
executive director shall immediately notify the individual
required to file a document with the board if a written
complaint is filed with the board by any registered voter
alleging, or it otherwise appears, that a document filed with
the board is inaccurate or does not comply with the provisions
of this chapter, or that the individual has failed to file a
document required by this chapter. The executive director and
staff may provide an individual required to file a document
under this chapter with factual information concerning the
limitations on corporate campaign contributions imposed by
section 211B.15.
Subd. 10. [AUDITS AND INVESTIGATIONS.] The board may make
audits and investigations with respect to statements and reports
which that are filed or which that should have been filed
under the provisions of this chapter. In all matters relating
to its official duties, the board shall have has the power to
issue subpoenas and cause them to be served. If a person does
not comply with a subpoena, the board may apply to the district
court of Ramsey county for issuance of an order compelling
obedience to the subpoena. A person failing to obey the order
is punishable by the court as for contempt.
Subd. 11. [VIOLATIONS; ENFORCEMENT.] (a) The board may
investigate any alleged violation of this chapter. The board
shall investigate any violation which that is alleged in a
written complaint filed with the board and, except for alleged
violations of section 10A.25 or 10A.27, shall within 30 days
after the filing of the complaint make a public finding of
whether or not there is probable cause to believe a violation
has occurred. In the case of a written, except that if the
complaint alleging alleges a violation of section 10A.25 or
10A.27, the board shall either enter a conciliation agreement or
make a public finding of whether or not there is probable cause,
within 60 days of after the filing of the complaint. The
deadline for action on any a written complaint may be extended
by majority vote of the board.
(b) Within a reasonable time after beginning an
investigation of an individual or association, the board shall
notify that the individual or association of the fact of the
investigation. The board shall not make no a finding of whether
or not there is probable cause to believe a violation has
occurred without notifying the individual or association of the
nature of the allegations and affording an opportunity to answer
those allegations.
Any (c) A hearing or action of the board concerning any a
complaint or investigation other than a finding concerning
probable cause or a conciliation agreement shall be is
confidential. Until the board makes a public finding concerning
probable cause or enters a conciliation agreement:
(a) No (1) a member, employee, or agent of the board shall
not disclose to any an individual any information obtained by
that member, employee, or agent concerning any a complaint or
investigation except as required to carry out the investigation
or take action in the matter as authorized by this chapter; and
(b) Any (2) an individual who discloses information
contrary to the provisions of this subdivision shall be is
guilty of a misdemeanor.
(d) Except as provided in section 10A.28, after the board
makes a public finding of probable cause the board shall report
that finding to the appropriate law enforcement authorities.
Subd. 11a. [DATA PRIVACY.] If, after making a public
finding concerning probable cause or entering a conciliation
agreement, the board determines that the record of the
investigation contains statements, documents, or other
matter which that, if disclosed, would unfairly injure the
reputation of an innocent individual, the board may:
(a) (1) retain any such the statement, document, or other
matter as a private record, as "private" is defined in section
13.02, subdivision 12, for a period of one year, after which it
shall must be destroyed; or
(b) (2) return any such the statement, document, or other
matter to the individual who supplied it to the board.
Subd. 12. [ADVISORY OPINIONS.] (a) The board may issue and
publish advisory opinions on the requirements of this chapter
based upon real or hypothetical situations. An application for
an advisory opinion may be made only by an individual or
association who wishes to use the opinion to guide the
individual's or the association's own conduct. The board shall
issue written opinions on all such questions submitted to it
within 30 days after receipt of written application, unless a
majority of the board agrees to extend the time limit.
(b) A written advisory opinion issued by the board is
binding on the board in any a subsequent board proceeding
concerning the person making or covered by the request and is a
defense in a judicial proceeding that involves the subject
matter of the opinion and is brought against the person making
or covered by the request unless:
(1) the board has amended or revoked the opinion before the
initiation of the board or judicial proceeding, has notified the
person making or covered by the request of its action, and has
allowed at least 30 days for the person to do anything that
might be necessary to comply with the amended or revoked
opinion;
(2) the request has omitted or misstated material facts; or
(3) the person making or covered by the request has not
acted in good faith in reliance on the opinion.
(c) A request for an opinion and the opinion itself are
nonpublic data. The board, however, may publish an opinion or a
summary of an opinion, but may not include in the publication
the name of the requester, the name of a person covered by a
request from an agency or political subdivision, or any other
information that might identify the requester, unless the person
consents to the inclusion.
Subd. 12a. [ADVISORY OPINIONS; RULES.] If the board
intends to apply principles of law or policy announced in an
advisory opinion issued under subdivision 12 more broadly than
to the individual or association to whom the opinion was issued,
the board must adopt these principles or policies as rules under
chapter 14.
Subd. 13. [RULES.] The provisions of Chapter 14 apply
applies to the board. The board may adopt rules to carry out
the purposes of this chapter.
Subd. 14. [LEGAL SERVICES.] Notwithstanding the provisions
of section 8.15, the board must not be assessed the cost of
legal services rendered to it by the attorney general's office.
Sec. 3. [10A.025] [FILING DATE.]
If a scheduled filing date under this chapter falls on a
Saturday, Sunday, or legal holiday, the filing date is the next
regular business day.
Sec. 4. Minnesota Statutes 1998, section 10A.03, is
amended to read:
10A.03 [LOBBYIST REGISTRATION.]
Subdivision 1. [FILING OF FIRST REGISTRATION FORM.] Each
A lobbyist shall file a registration form with the board within
five days after becoming a lobbyist.
Subd. 2. [CONTENTS OF FORM.] The board shall prescribe a
registration form shall be prescribed by the board and shall,
which must include:
(a) (1) the name and address of the lobbyist,;
(b) (2) the principal place of business of the lobbyist,;
(c) (3) the name and address of each person individual,
association, political subdivision, or public higher education
system, if any, by whom the lobbyist is retained or employed or
on whose behalf the lobbyist appears,; and
(d) (4) a general description of the subject or subjects on
which the lobbyist expects to lobby.
If the lobbyist lobbies on behalf of an association, the
registration form shall must include the name and address of the
officers and directors of the association.
Subd. 3. [NOTICE; LATE FILING FAILURE TO FILE.] The board
shall notify by certified mail or personal service any lobbyist
who fails to file a registration form within five days after
becoming a lobbyist. If a lobbyist fails to file a form within
seven days after receiving this notice, the board may impose a
late filing fee at of $5 per day, not to exceed $100, commencing
with the eighth day after receiving notice. The board shall
further notify by certified mail or personal service any
lobbyist who fails to file a form within 21 days of receiving a
first notice that the lobbyist may be subject to a criminal
penalty for failure to file the form. A lobbyist who knowingly
fails to file a form within seven days after receiving a second
notice from the board is guilty of a misdemeanor.
Sec. 5. Minnesota Statutes 1998, section 10A.04, is
amended to read:
10A.04 [LOBBYIST REPORTS.]
Subdivision 1. [REPORTS REQUIRED.] Each A lobbyist shall
file reports of the lobbyist's activities with the board as long
as the lobbyist continues to lobby. A lobbyist may file a
termination statement at any time after ceasing to lobby.
Subd. 2. [TIME OF REPORTS.] Each report shall must cover
the time from the last day of the period covered by the last
report to 15 days prior to before the current filing date. The
reports shall must be filed with the board by the following
dates:
(a) (1) January 15;
(b) (2) April 15; and
(c) (3) July 15.
Subd. 3. [INFORMATION SUPPLIED TO LOBBYIST.] Each person
or association An employer or employee about whose activities a
lobbyist is required to report shall provide the information
required by sections 10A.03 to 10A.05 subdivision 4 to the
lobbyist no later than five days before the prescribed filing
date.
Subd. 4. [CONTENT.] (a) The A report shall under this
section must include such information as the board may require
requires from the registration form and the information required
by this subdivision for the reporting period.
(b) Each A 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
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.
(c) Each A lobbyist shall report the amount and nature of
each honorarium, gift, loan, item, or benefit, excluding
contributions to a candidate, equal in value to $5 or more,
given or paid to any public or local official, as defined in
section 10A.071, subdivision 1, by the lobbyist or any an
employer or any employee of the lobbyist. The list shall must
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. A lobbyist need report
only the aggregate amount and nature of food or beverages given
or made available to all members of the legislature or a house
of the legislature or to all members of a local legislative
body, along with the name of the legislative body and the date
it was given or made available.
(d) Each lobbyist shall report each original source of
funds money 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 or the official action of a
metropolitan governmental units unit. The list shall must
include the name, address, and employer, or, if self-employed,
the occupation and principal place of business, of each payer of
funds money in excess of $500.
Subd. 4a. [STATEMENT IN LIEU OF REPORT.] 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 January 15 report shall include all previously
unreported disbursements, even though the total for the year is
not over $100.
Subd. 5. [LATE FILING.] The board shall notify by
certified mail or personal service any lobbyist who fails after
seven days after a filing date imposed by this section to file a
report or statement required by this section. If a lobbyist
fails to file a report within seven days after receiving this
notice, the board may impose a late filing fee of $5 per day,
not to exceed $100, commencing with the eighth day after
receiving notice. The board shall further notify by certified
mail or personal service any lobbyist who fails to file a report
within 21 days after receiving a first notice that the lobbyist
may be subject to a criminal penalty for failure to file the
report. A lobbyist who knowingly fails to file such a report or
statement within seven days after receiving a second notice from
the board is guilty of a misdemeanor.
Subd. 6. [LOBBYIST AND PRINCIPAL REPORTS.] (a) Each A
principal shall report to the board as required in this
subdivision by March 15 for the preceding calendar year.
(b) Each The 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 this state;
(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 this state; 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 this
state.
Subd. 7. [FINANCIAL RECORDS.] The board may randomly audit
the financial records of lobbyists and principals required to
report under this section.
Subd. 8. [REPORTS BY SOLICITORS.] A lobbyist who directly
solicits and causes others to make aggregate contributions to
candidates or a caucus of the members of a political party in a
house of the legislature in excess of $5,000 between January 1
of the election year and 25 days before the primary or general
election must file the information in the report required by
section 10A.20, subdivision 14, ten days before the primary or
general election. This disclosure requirement is in addition to
the report required by section 10A.20, subdivision 14.
Sec. 6. Minnesota Statutes 1998, 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, publish the names of the lobbyists registered who
were not previously reported, the names of the persons
or individuals, associations, political subdivisions, or public
higher education systems whom they represent as lobbyists, the
subject or subjects on which they are lobbying, and whether in
each case they lobby to influence legislative or action,
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, or the official action
of a metropolitan governmental unit.
Sec. 7. Minnesota Statutes 1998, section 10A.06, is
amended to read:
10A.06 [CONTINGENT FEES PROHIBITED.]
No person may act as or employ a lobbyist for compensation
that is dependent upon the result or outcome of any legislative
or administrative action, or of the official action of a
metropolitan governmental unit. A person who violates the
provisions of this section is guilty of a gross misdemeanor.
Sec. 8. Minnesota Statutes 1998, section 10A.065,
subdivision 1, is amended to read:
Subdivision 1. [REGISTERED LOBBYIST CONTRIBUTIONS; DURING
LEGISLATIVE SESSION.] A candidate for the legislature or for
constitutional office, a the candidate's principal campaign
committee, any other political committee with the candidate's
name or title, any committee authorized by the candidate, or a
political committee or party unit established by all or a part
of the party organization within a house of the legislature,
shall not solicit or accept a contribution on behalf of a
candidate's principal campaign committee, any other political
committee with the candidate's name or title, any committee
authorized by the candidate, or a political committee
established by all or a part of the party organization within a
house of the legislature, from a registered lobbyist, political
committee, or political fund, or from a party unit established
by the party organization within a house of the legislature,
during a regular session of the legislature.
Sec. 9. Minnesota Statutes 1998, section 10A.065,
subdivision 1a, is amended to read:
Subd. 1a. [PARTY UNIT SOLICITATIONS.] A political party
unit shall not solicit or receive at an event hosted by a
candidate for the legislature or by a candidate for
constitutional office a contribution from a lobbyist, political
committee, or political fund, or party unit during a regular
session of the legislature.
Sec. 10. Minnesota Statutes 1998, section 10A.065,
subdivision 3, is amended to read:
Subd. 3. [CIVIL PENALTY.] A candidate or, political
committee, or party unit 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
collect a civil fine as prescribed imposed by the board. Fines
paid under this section must be deposited in the general fund in
the state treasury.
Sec. 11. Minnesota Statutes 1998, section 10A.08, is
amended to read:
10A.08 [REPRESENTATION DISCLOSURE.]
Any A public official who represents a client for a fee
before any an individual, board, commission, or agency that has
rule making authority in a hearing conducted under chapter 14,
shall disclose the official's participation in the action to the
board within 14 days after the appearance. The board shall
notify by certified mail or personal service any public official
who fails to disclose the participation within 14 days after the
appearance. If the public official fails to disclose the
participation within seven days of this notice, the board may
impose a late filing fee of $5 per day, not to exceed $100,
commencing on the eighth day after receiving notice.
Sec. 12. Minnesota Statutes 1998, section 10A.09, is
amended to read:
10A.09 [STATEMENTS OF ECONOMIC INTEREST.]
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:
(1) within 60 days of accepting employment as a public
official or a local official in a metropolitan governmental
unit;
(2) within 14 days after filing an affidavit of candidacy
or petition to appear on the ballot for an elective public state
office or an elective local office in a metropolitan
governmental unit;
(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
(4) in the case of members of the Minnesota racing
commission, the director of the Minnesota racing commission,
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.
Subd. 2. [NOTIFICATION NOTICE TO BOARD.] 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.
Subd. 3. [NOTICE OF FILING.] The board shall notify the
secretary of state or the appropriate county auditor and, when
necessary in the case of appointive office, the presiding
officer of the house that will approve or disapprove the
nomination, of the name of the an individual who has filed a
statement of economic interest with the board, a copy of the
statement, and the date on which the statement was filed.
Subd. 5. [FORM.] A statement of economic interest required
by this section shall must be on a form prescribed by the
board. The individual filing shall provide the following
information:
(a) (1) name, address, occupation, and principal place of
business;
(b) (2) the name of each associated business and the nature
of that association;
(c) (3) a listing of all real property within the state,
excluding homestead property, in which the individual holds:
(i) a fee simple interest, a mortgage, a contract for deed as
buyer or seller, or an option to buy, whether direct or
indirect, and which if the interest is valued in excess of
$2,500; or (ii) an option to buy, which if the property has a
fair market value of $50,000 or more;
(d) (4) a listing of all real property within the state in
which a partnership of which the individual is a member holds:
(i) a fee simple interest, a mortgage, a contract for deed as
buyer or seller, or an option to buy, whether direct or
indirect, if the individual's share of the partnership interest
is valued in excess of $2,500; or (ii) an option to buy, which
if the property has a fair market value of $50,000 or more. Any
A listing under clause (c) (3) or (d) shall (4) must indicate
the street address and the municipality or the section,
township, range and approximate acreage, whichever applies, and
the county wherein in which the property is located; and
(e) (5) a listing of any investments, ownership, or
interests in property connected with pari-mutuel horse racing in
the United States and Canada, including a race horse, in which
the individual directly or indirectly holds a partial or full
interest or an immediate family member holds a partial or full
interest.
Subd. 6. [SUPPLEMENTARY STATEMENT.] Each individual who is
required to file a statement of economic interest shall file a
supplementary statement on April 15 of each year that the
individual remains in office if information on the most recently
filed statement has changed. The supplementary statement, if
required, shall must include the amount of each honorarium in
excess of $50 received since the previous statement, together
with and the name and address of the source of the honorarium.
The board shall maintain a statement of economic interest
submitted by an officeholder shall be filed in the same file
with the statement submitted as a candidate.
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.
Subd. 7. [LATE FILING.] The board shall notify by
certified mail or personal service any individual who fails
within the prescribed time to file a statement of economic
interest required by this section. If an individual fails to
file a statement within seven days after receiving this notice,
the board may impose a late filing fee of $5 per day, not to
exceed $100, commencing on the eighth day after receiving
notice. The board shall further notify by certified mail or
personal service any individual who fails to file a statement
within 21 days after receiving a first notice that the
individual may be subject to a criminal penalty for failure to
file a statement. An individual who fails to file a statement
within seven days after a second notice is guilty of a
misdemeanor.
Subd. 8. [FAILURE TO FILE; SUSPENSION.] Any A public
official, except a member of the legislature or a constitutional
officer, who is required to file a statement of economic
interest and fails to do so by the prescribed deadline shall
must be suspended without pay by the board in the manner
prescribed in the contested case procedures in chapter 14.
Sec. 13. Minnesota Statutes 1998, section 10A.10, is
amended to read:
10A.10 [PENALTY FOR FALSE STATEMENTS.]
A report or statement required to be filed by sections
10A.02 to 10A.09 shall under this chapter must be signed and
certified as true by the individual required to file the
report. Any An individual who signs and certifies to be true a
report or statement knowing it contains false information or who
knowingly omits required information is guilty of a gross
misdemeanor.
Sec. 14. Minnesota Statutes 1998, section 10A.11, is
amended to read:
10A.11 [ORGANIZATION OF POLITICAL COMMITTEES AND PARTY
UNITS.]
Subdivision 1. [CHAIR AND TREASURER.] Every A political
committee shall, principal campaign committee, or party unit
must have a chair and a treasurer. Nothing in this chapter
shall prohibit them from being The chair and treasurer may be
the same individual.
Subd. 2. [TREASURER VACANCY IN OFFICE OF TREASURER.] No
contribution shall be accepted and no expenditure shall be made
by or on behalf of A political committee at a time when there is
a vacancy in, principal campaign committee, or party unit may
not accept a contribution or make an expenditure or permit an
expenditure to be made on its behalf while the office of
treasurer is vacant.
Subd. 3. [DEPUTY TREASURERS.] The treasurer of a political
committee, principal campaign committee, or party unit may
appoint as many deputy treasurers as necessary and shall be is
responsible for their accounts.
Subd. 4. [DEPOSITORIES.] The treasurer of a political
committee, principal campaign committee, or party unit may
designate not more than one or two depositories in each county
in which a campaign is conducted.
Subd. 5. [COMMINGLING PROHIBITED.] No funds of A political
committee shall be commingled, principal campaign committee, or
party unit may not commingle its funds with any personal funds
of officers, members, or associates of the committee.
Subd. 7. [PENALTY.] Any A person who knowingly violates
the provisions of this section is guilty of a misdemeanor.
Sec. 15. Minnesota Statutes 1998, section 10A.12, is
amended to read:
10A.12 [POLITICAL FUNDS.]
Subdivision 1. [TRANSFERS MUST BE FROM POLITICAL FUND WHEN
REQUIRED.] No An association other than a political
committee shall transfer or party unit may not contribute more
than $100 in aggregate in any one year to candidates or,
political committees, or party units or make any approved or
independent expenditure or expenditure to promote or defeat a
ballot question unless the transfer contribution or expenditure
is made from a political fund.
Subd. 2. [COMMINGLING PROHIBITED.] The contents of a
political fund shall may not be commingled with any other funds
or with the personal funds of any an officer or member of the
fund.
Subd. 3. [TREASURER.] Each An association which that has a
political fund shall must elect or appoint a treasurer of the
political fund.
Subd. 4. [TREASURER VACANCY IN OFFICE OF TREASURER.] No
contributions to the A political fund shall be accepted and no
expenditures may not accept a contribution or make an
expenditure or transfers contribution from the political fund
shall be made while the office of treasurer of the political
fund is vacant.
Subd. 5. [DUES OR MEMBERSHIP FEES.] Notwithstanding
subdivision 1, any An association may, if not prohibited by
other law, deposit in its political fund money derived from dues
or membership fees. Pursuant to Under section 10A.20, the
treasurer of the fund shall disclose the name of any member
whose dues, membership fees, and contributions deposited in the
political fund together exceed $100 in any one a year.
Subd. 6. [PENALTY.] Any A person who knowingly violates
the provisions of this section is guilty of a misdemeanor.
Sec. 16. Minnesota Statutes 1998, section 10A.13, is
amended to read:
10A.13 [ACCOUNTS WHICH THAT MUST BE KEPT.]
Subdivision 1. [LIST OF ACCOUNTS; PENALTY.] The treasurer
of a political committee or, political fund, principal campaign
committee, or party unit shall keep an account of:
(a) (1) the sum of all contributions, except any donation
in kind valued at $20 or less, made to the political committee
or political, fund, or party unit;
(b) (2) the name and address of each source of a
transfer contribution made to the political committee or
political, fund, or party unit in excess of $20, together with
the date and amount of each;
(c) The name and address of each source of a donation in
kind valued in excess of $20, together with the date and amount;
(d) (3) each expenditure made by the committee or, fund,
or party unit, together with the date and amount;
(e) (4) each approved expenditure made on behalf of the
committee or, fund, or party unit, together with the date and
amount; and
(f) (5) the name and address of each political committee
or, political fund, principal campaign committee, or party unit
to which transfers contributions in excess of $20 have been
made, together with the date and amount.
Any individual who knowingly violates any provision of this
subdivision is guilty of a misdemeanor.
Subd. 2. [RECEIPTS.] The treasurer shall obtain a
receipted bill, stating the particulars, for every expenditure
in excess of over $100 made by, or approved expenditure in
excess of over $100 made on behalf of, a political the committee
or political, fund, or party unit, and for any expenditure or
approved expenditure in a lesser amount if the aggregate amount
of lesser expenditures and approved expenditures made to the
same individual or association during any the same year exceeds
$100. The treasurer shall preserve all receipted bills and
accounts required to be kept by this section for four years.
Sec. 17. Minnesota Statutes 1998, section 10A.14, is
amended to read:
10A.14 [REGISTRATION OF POLITICAL COMMITTEES AND POLITICAL
FUNDS.]
Subdivision 1. [FIRST REGISTRATION BY TREASURER.] The
treasurer of a political committee or, political fund, principal
campaign committee, or party unit shall register with the board
by filing a statement of organization no later than 14 days
after the date upon which the committee or, fund, or party unit
has made a contribution, received contributions, or made
expenditures in excess of $100.
Subd. 2. [CONTENTS FORM.] The statement of
organization shall must include:
(a) (1) the name and address of the political committee or
political, fund, or party unit;
(2) the name and address of the chair of a political
committee, principal campaign committee, or party unit;
(b) (3) the name and address of any supporting association
of a political fund;
(c) (4) the name and address of the chair, the treasurer,
and any deputy treasurers;
(d) (5) a listing of all depositories or safety deposit
boxes used;
(e) a statement as to whether the committee is a principal
campaign committee as authorized by section 10A.19, subdivision
1; and
(f) (6) for political parties the state committee of a
political party only, a list of categories of substate its party
units as defined in section 10A.27, subdivision 4.
Subd. 4. [NOTICE OF FAILURE TO FILE; PENALTY.] The board
shall notify by certified mail or personal service any
individual who fails to file a statement required by this
section. If an individual fails to file a statement within
seven days after receiving a notice, the board may impose a late
filing fee of $5 per day, not to exceed $100, commencing with
the eighth day after receiving notice. The board shall further
notify by certified mail or personal service any individual who
fails to file a statement within 21 days after receiving a first
notice that such individual may be subject to a criminal penalty
for failure to file the report. An individual who knowingly
fails to file the statement within seven days after receiving a
second notice from the board is guilty of a misdemeanor.
Sec. 18. Minnesota Statutes 1998, section 10A.15, is
amended to read:
10A.15 [CONTRIBUTIONS.]
Subdivision 1. [ANONYMOUS CONTRIBUTIONS.] No anonymous
contribution in excess of $20 shall be retained by any A
political committee or, political fund, principal campaign
committee, or party unit may not retain an anonymous
contribution in excess of $20, but shall be forwarded forward it
to the board and deposited for deposit in the general account of
the state elections campaign fund.
Subd. 2. [SOURCE OF CONTRIBUTIONS; AMOUNT; DATE.] Every An
individual who receives a contribution in excess of $20 for a
political committee or, political fund, principal campaign
committee, or party unit shall, on demand of the treasurer,
inform the treasurer of the name and, if known, the address of
the source of the contribution, together with the amount of the
contribution, and the date it was received.
Subd. 3. [DEPOSIT IN ACCOUNT.] All transfers contributions
received by or on behalf of any a candidate, principal campaign
committee, political committee or, political fund shall, or
party unit must be deposited in an account designated "Campaign
Fund of ..... (name of candidate, committee or, fund, or party
unit)." All transfers shall contributions must be deposited
promptly upon receipt and, except for transfers contributions
received during the last three days of any a reporting period as
described in section 10A.20, shall must be deposited during the
reporting period in which they were received. Any transfer A
contribution received during the last three days of a reporting
period shall must be deposited within 72 hours of after receipt
and shall must be reported as received during the reporting
period whether or not deposited within that period. Any A
candidate, principal campaign committee, political committee,
political fund, or party unit may refuse to accept a
contribution. A deposited transfer contribution may be returned
to the contributor within 60 days of after deposit. A
transfer contribution deposited and not returned within 60 days
of after that deposit shall be deemed for the purposes of this
chapter, to be must be reported as accepted by the candidate,
political committee, or political fund.
Subd. 3a. [EXCEEDING CONTRIBUTION LIMITS EXCESS.] No A
treasurer of a principal campaign committee of a candidate shall
may not deposit any transfer which a contribution that on its
face exceeds the limit on contributions to that the candidate
prescribed by section 10A.27 unless, at the time of deposit, the
treasurer issues a check to the source for the amount of the
excess.
Subd. 3b. [ATTRIBUTABLE CONTRIBUTIONS.] Contributions made
to a candidate or principal campaign committee that are directed
to that the candidate or principal campaign committee by a
political fund or, committee, or party unit must be reported as
attributable to the political fund or, committee, or party unit
and count toward the contribution limits of that fund or,
committee, or party unit specified in section 10A.27, if
the political fund or, committee, or party unit was organized or
is operated primarily to direct contributions other than from
its own funds money to one or more candidates or principal
campaign committees. The treasurer of the political fund or,
committee, or party unit shall advise the candidate or the
candidate's principal campaign committee if the contribution or
contributions are not from the funds money of the political fund
or the political, committee, or party unit and the original
source of the funds money. As used in this subdivision, the
term "direct" includes, but is not limited to, order, command,
control, or instruct. A violation of this subdivision is a
violation of section 10A.29.
Subd. 3c. [RELATED COMMITTEES.] An individual,
association, political committee, or political fund, or party
unit may establish, finance, maintain, or control a political
committee or, political fund, or party unit. One who does this
is a "parent." The political committee or, fund, or party unit
so established, financed, maintained, or controlled is a
"subsidiary." If the parent is an association, the association
must create a political committee or political fund to serve as
the parent for reporting purposes. A subsidiary must report its
contribution to a candidate or principal campaign committee as
attributable to its parent, and the contribution is counted
toward the contribution limits in section 10A.27 of the parent
as well as of the subsidiary.
Subd. 4. [PENALTY.] Any An individual violating the
provisions of this section is guilty of a misdemeanor.
Subd. 5. [LOBBYIST, POLITICAL COMMITTEE, OR POLITICAL FUND
REGISTRATION NUMBER ON CHECKS.] A contribution made to a
candidate by a lobbyist, political committee, or political fund,
or party unit must show the name of the lobbyist, political
committee, or political fund, or party unit and the number under
which it is registered with the board.
Sec. 19. Minnesota Statutes 1998, section 10A.16, is
amended to read:
10A.16 [EARMARKING CONTRIBUTIONS PROHIBITED.]
An individual, political committee, or political fund,
principal campaign committee, or party unit may not solicit or
accept a contribution from any source with the express or
implied condition that the contribution or any part of it be
directed to a particular candidate other than the initial
recipient. An individual, political committee, or political
fund who, principal campaign committee, or party unit that
knowingly accepts any earmarked contribution is guilty of a
gross misdemeanor.
Sec. 20. Minnesota Statutes 1998, section 10A.17, is
amended to read:
10A.17 [EXPENDITURES.]
Subdivision 1. [AUTHORIZATION.] No expenditure shall be
made by A political committee, political fund, or principal
campaign committee, or party unit may not expend money unless it
the expenditure is authorized by the treasurer or deputy
treasurer of that committee or, fund, or party unit.
Subd. 2. [APPROVED EXPENDITURES WRITTEN AUTHORIZATION.] No
An individual or association may not make an approved
expenditure of more than $20 without receiving written
authorization as to the amount that may be spent and the purpose
of the expenditure from the treasurer of the principal campaign
committee of the candidate who approved the expenditure stating
the amount that may be spent and the purpose of the expenditure.
Subd. 3. [VOUCHERS FOR PETTY CASH.] The treasurer or
deputy treasurer of a political committee, principal campaign
committee, or party unit may sign vouchers for petty cash of not
more than up to $100 per week for statewide elections or $20 per
week for legislative elections, to be used for miscellaneous
expenditures.
Subd. 4. [INDEPENDENT SOLICITATION OR
EXPENDITURE EXPENDITURES.] Any An individual, political
committee, or political fund who, principal campaign committee,
or party unit that independently solicits or accepts
contributions or makes independent expenditures on behalf of any
a candidate shall publicly disclose that the expenditure is an
independent expenditure. All written communications with those
from whom contributions are independently solicited or accepted
or to whom independent expenditures are made on behalf of a
candidate, shall must contain a statement in conspicuous type
that the activity is an independent expenditure and is not
approved by the candidate nor is the candidate responsible for
it. Similar language shall must be included in all oral
communications, in conspicuous type on the front page of all
literature and advertisements published or posted, and at the
end of all broadcast advertisements made by that individual,
political committee or, political fund, principal campaign
committee, or party unit on the candidate's behalf.
Subd. 5. [PENALTY.] Any A person who knowingly violates
the provisions of subdivision 2 is guilty of a misdemeanor. A
person who knowingly violates the provisions of subdivision 4 or
falsely claims that an expenditure was an independent
expenditure is guilty of a gross misdemeanor.
Sec. 21. Minnesota Statutes 1998, section 10A.18, is
amended to read:
10A.18 [TIME FOR RENDERING BILLS WHEN RENDERED AND PAID,
CHARGES, OR CLAIMS; PENALTY.]
Every A person who has a bill, charge, or claim against any
a political committee or, political fund, principal campaign
committee, or party unit for any an expenditure shall render in
writing to the treasurer of the committee or, fund, or party
unit the bill, charge, or claim within 60 days after the
material or service is provided. Failure to so present the
bill, charge or claim Violation of this section is a misdemeanor.
Sec. 22. Minnesota Statutes 1998, section 10A.19, is
amended to read:
10A.19 [PRINCIPAL CAMPAIGN COMMITTEE.]
Subdivision 1. [SINGLE COMMITTEE.] No A candidate
shall not accept contributions from any a source, other than
self, in aggregate in excess of $100 or accept a public subsidy
unless the candidate designates and causes to be formed a single
principal campaign committee for each office sought. A
candidate may not authorize, designate, or cause to be formed
any other political committee bearing the candidate's name or
title or otherwise operating under the direct or indirect
control of the candidate. However, a candidate may be involved
in the direct or indirect control of a party unit as defined in
section 10A.275, subdivision 3.
A political committee bearing a candidate's name or title
or otherwise operating under the direct or indirect control of
the candidate, other than a principal campaign committee of the
candidate, may not accept contributions after May 21, 1993, and
must be dissolved by December 31, 1993.
Subd. 2. [REPLACEMENT OF OFFICERS.] A candidate may at any
time without cause remove and replace the chair, treasurer,
deputy treasurer, or any other officer of the candidate's
principal campaign committee.
Sec. 23. Minnesota Statutes 1998, section 10A.20, is
amended to read:
10A.20 [CAMPAIGN REPORTS.]
Subdivision 1. [FIRST FILING; DURATION.] The treasurer of
every a political committee and, political fund, principal
campaign committee, or party unit shall begin to file the
reports required by this section in the first year it receives
contributions or makes expenditures in excess of $100 and shall
continue to file until the committee or, fund, or party unit is
terminated.
Subd. 2. [TIME FOR FILING.] (a) The reports shall must be
filed with the board on or before January 31 of each year and
additional reports shall must be filed as required and in
accordance with clauses (a) paragraphs (b) and (b) (c).
(a) (b) In each year in which the name of the candidate is
on the ballot, the report of the principal campaign committee
shall must be filed 15 days before a primary and ten days before
a general election, seven days before a special primary and a
special election, and ten days after a special election
cycle. The report due after a special election may be filed on
January 31 following the special election if the special
election is held not more than 60 days before that date.
(b) (c) In each general election year, a political
committees and committee, political funds other than principal
campaign committees fund, or party unit shall file reports
ten 15 days before a primary and ten days before a general
election.
If a scheduled filing date falls on a Saturday, Sunday, or
legal holiday, the filing date shall be the next regular
business day.
Subd. 3. [CONTENTS OF REPORT.] Each (a) The report under
this section shall must disclose:
(a) the amount of liquid assets on hand at the beginning of
the reporting period;.
(b) The report must disclose the name, address, and
employer, or occupation if self-employed, of each individual,
political committee or political fund who within the year or
association that has made one or more transfers or donations in
kind contributions to the political committee or political fund
reporting entity, including the purchase of tickets for all a
fund raising efforts effort, which that in aggregate within
the year exceed $100 for legislative or statewide candidates or
ballot questions, together with the amount and date of
each transfer or donation in kind contribution, and the
aggregate amount of transfers and donations in
kind contributions within the year from each source so
disclosed. A donation in kind shall must be disclosed at its
fair market value. An approved expenditure is must be 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 must be listed in alphabetical order;.
Contributions from the same contributor must be listed under the
same name. When a contribution received from a contributor in a
reporting period is added to previously reported unitemized
contributions from the same contributor and the aggregate
exceeds the disclosure threshold of this paragraph, the name,
address, and employer, or occupation if self-employed, of the
contributor must then be listed on the report.
(c) The report must disclose the sum of contributions to
the political committee or political fund reporting entity
during the reporting period;.
(d) The report must disclose each loan made or received by
the political committee or political fund reporting entity
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 a loan made to the principal campaign
committee of a candidate is forgiven at any time or is repaid by
any an entity other than that principal campaign committee,
it shall must be reported as a contribution for the year in
which the loan was made;.
(e) The report must disclose each receipt in excess
of over $100 during the reporting period not otherwise listed
under clauses paragraphs (b) to (d);.
(f) The report must disclose the sum of all receipts of the
political committee or political fund reporting entity during
the reporting period;.
(g) The report must disclose 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 reporting entity
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 that the expenditure is was intended to promote
or defeat, and in the case of independent expenditures made in
opposition to a candidate, the candidate's name, address, and
office sought for each such candidate;. A reporting entity
making an expenditure on behalf of more than one candidate for
state or legislative office shall allocate the expenditure among
the candidates on a reasonable cost basis and report the
allocation for each candidate.
(h) The report must disclose the sum of all expenditures
made by or on behalf of the political committee or political
fund reporting entity during the reporting period;.
(i) The report must disclose the amount and nature of any
an advance of credit incurred by the political committee or
political fund reporting entity, continuously reported until
paid or forgiven. If any an advance of credit incurred by the
principal campaign committee of a candidate is forgiven at any
time by the creditor or paid by any an entity other than that
principal campaign committee, it shall must be reported as a
donation in kind for the year in which the advance of credit was
incurred; made.
(j) The report must disclose the name and address of each
political committee, political fund, or principal campaign
committee, or party unit to which aggregate transfers
contributions have been made that aggregate in excess of $100
have been made within the year, together with and the amount and
date of each transfer; contribution.
(k) The report must disclose the sum of all
transfers contributions made by the political committee,
political fund, or principal campaign committee reporting entity
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 report must disclose the
name and address of each individual or association to
whom aggregate noncampaign disbursements have been made that
aggregate 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 reporting entity
and the amount, date, and purpose of each noncampaign
disbursement;.
(m) The report must disclose the sum of all noncampaign
disbursements made within the year by or on behalf of a
principal campaign committee, political committee, or political
fund; the reporting entity.
(n) The report must disclose the name and address of a
nonprofit corporation that provides administrative assistance to
a political committee or political fund as authorized by section
211B.15, subdivision 17, together with the type of
administrative assistance provided, and the aggregate fair
market value of each type of assistance provided to the
political committee or political fund during the reporting
period; and.
(o) A report filed under subdivision 2, clause (b), by a
political committee or political fund that is subject to
subdivision 14, must contain the information required by
subdivision 14, if the political committee or political fund has
solicited and caused others to make aggregate contributions
greater than $5,000 between January 1 of the general election
year and the end of the reporting period. This disclosure
requirement is in addition to the report required by subdivision
14.
Subd. 3a. [COUNTIES IN LEGISLATIVE DISTRICT.] The reports
of a principal campaign committee of a legislative candidate
required by this section shall list in a prominent place on the
first page of every report each county in which the legislative
district lies.
Subd. 4. [PERIOD OF REPORT.] A report shall must cover the
period from the last day covered by the previous report to seven
days prior to before the filing date, except that the report due
on January 31 shall must cover the period from the last day
covered by the previous report to December 31.
Subd. 5. [PREELECTION REPORTS.] In any a statewide
election any loan, contribution, or contributions from any one
source totaling $2,000 or more, or in any judicial district or
legislative election totaling more than $400, received between
the last day covered in the last report prior to before an
election and the election shall must 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 loans and contributions must also be reported in the
next required report.
The 48-hour notice requirement does not apply with respect
to a primary if in which the statewide or legislative candidate
is unopposed in that primary.
Subd. 6. [REPORT WHEN NO COMMITTEE.] Every A candidate who
does not designate and cause to be formed a principal campaign
committee, and any an individual who makes independent
expenditures or expenditures expressly advocating the approval
or defeat of a ballot question in aggregate in excess of $100 in
any a year, shall file with the board a report containing the
information required by subdivision 3. Reports required by this
subdivision shall must be filed on the dates on which reports by
committees and, funds, and party units are filed.
Subd. 6a. [STATEMENT OF INDEPENDENCE.] Any An individual,
political committee or, political fund, or party unit filing a
report or statement disclosing any an independent expenditure
pursuant to under subdivision 3 or 6 shall file with that the
report a sworn statement that the disclosed expenditures so
disclosed were not made with the authorization or expressed or
implied consent of, or in cooperation or in concert with, or at
the request or suggestion of any candidate, or any candidate's
principal campaign committee or agent.
Subd. 6b. [INDEPENDENT EXPENDITURES; NOTICE.] (a) Within
24 hours after an individual, political committee, or political
fund makes or becomes obligated by oral or written agreement to
make an independent expenditure in excess of $100, other than an
expenditure by an association targeted to inform solely its own
dues-paying members of the association's position on a
candidate, the individual, political committee, or political
fund shall file with the board an affidavit notifying the board
of the intent to make the independent expenditure and serve a
copy of the affidavit on each candidate in the affected race and
on the treasurer of the candidate's principal campaign
committee. The affidavit must contain the information with
respect to the expenditure that is required to be reported under
subdivision 3, paragraph (g); except that if an expenditure is
reported before it is made, the notice must include a reasonable
estimate of the anticipated amount. Each new expenditure
requires a new notice.
(b) An individual or the treasurer of a political committee
or political fund who fails to give notice as required by this
subdivision, or who files a false affidavit of notice, is guilty
of a gross misdemeanor and is subject to a civil fine of up to
four times the amount of the independent expenditure stated in
the notice or of which notice was required, whichever is greater.
Subd. 7. [STATEMENT OF INACTIVITY.] If no contribution is
received or expenditure made by or on behalf of a candidate,
political fund or political committee a reporting entity has no
receipts or expenditures during a reporting period, the
treasurer of the committee or fund shall file with the board at
the time required by this section a statement to that effect.
Subd. 8. [EXEMPTION FROM DISCLOSURE.] The board shall
exempt any a member of or contributor to any an association,
political committee or political fund or any other individual,
from the provisions requirements of this section if the member,
contributor, or other individual demonstrates by clear and
convincing evidence that disclosure would expose the member or
contributor to economic reprisals, loss of employment, or threat
of physical coercion.
An association, political committee or political fund may
seek an exemption for all of its members or contributors if it
demonstrates by clear and convincing evidence that a substantial
number of its members or contributors would suffer a restrictive
effect on their freedom of association if members were required
to seek exemptions individually.
Subd. 10. [EXEMPTION PROCEDURE.] Any An individual, or
association, political committee or political fund seeking an
exemption pursuant to under subdivision 8 shall submit a written
application for exemption to the board. The board, without
hearing, shall grant or deny the exemption within 30 days after
receiving an the application, and shall issue a written order
stating the reasons for its action. The board shall publish its
order in the State Register and give notice to all parties known
to the board to have an interest in the matter. If the board
receives a written objection to its action from any party within
20 days after publication of its order and notification of
interested parties, the board shall hold a contested case
hearing on the matter. Upon the filing of a timely objection
from the applicant, an order denying an exemption shall be is
suspended pending the outcome of the contested case. If no
timely objection is received, the exemption shall continue to be
continues in effect until a written objection is filed with the
board in a succeeding election year. The board by rule shall
establish a procedure so that any an individual seeking an
exemption may proceed anonymously if the individual would be
exposed to the reprisals listed in subdivision 8 if the
individual's identity were to be revealed for the purposes of a
hearing.
Subd. 11. [REPRISALS PROHIBITED ACTIVITY; PENALTY.] No
person An individual or association shall not engage in economic
reprisals or threaten loss of employment or physical coercion
against any person an individual or association because of that
person's individual's or association's political contributions
or political activity. This subdivision shall does not apply to
compensation for employment or loss of employment when if the
political affiliation or viewpoint of the employee is a bona
fide occupational qualification of the employment. Any person
An individual or association which that violates this
subdivision is guilty of a gross misdemeanor.
Subd. 12. [FAILURE TO FILE; PENALTY.] The board shall
notify by certified mail or personal service any an individual
who fails to file a statement required by this section. If an
individual fails to file a statement due January 31 within seven
days after receiving a notice, the board may impose a late
filing fee of $5 per day, not to exceed $100, commencing on the
eighth day after receiving notice. If an individual fails to
file a statement due before any a primary or election within
three days of after the date due, regardless of whether the
individual has received any notice, the board may impose a late
filing fee of $50 per day, not to exceed $500, commencing on the
fourth day after the date the statement was due. The board
shall further notify by certified mail or personal service any
an individual who fails to file any a statement within 14 days
after receiving a first notice from the board that the
individual may be subject to a criminal penalty for failure to
file a statement. An individual who knowingly fails to file the
statement within seven days after receiving a second notice from
the board is guilty of a misdemeanor.
Subd. 13. [THIRD-PARTY REIMBURSEMENT.] An individual,
political committee, or political fund or association 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 must 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.
Subd. 14. [REPORTS BY SOLICITORS.] An individual, or
association, political committee, or political fund, other than
a candidate or the members of a candidate's principal campaign
committee, that directly solicits and causes others to make
contributions to candidates or a caucus of the members of a
political party unit in a house of the legislature, that
aggregate more than $5,000 in a calendar year between January 1
of a general election year and the end of the reporting period
must file with the board a report disclosing the amount of each
contribution, the names of the contributors, and to whom the
contributions were given. The report must be filed 15 days
before a primary and ten days before a general election. The
report for each calendar year must be filed with the board by
January 31 of the following year. The report must cover the
accumulated contributions made or received during the calendar
year.
Sec. 24. Minnesota Statutes 1998, section 10A.22,
subdivision 6, is amended to read:
Subd. 6. [RECORDKEEPING; PENALTY.] Each A person required
to file any a report or statement shall maintain records on the
matters required to be reported, including vouchers, canceled
checks, bills, invoices, worksheets, and receipts, which that
will provide in sufficient detail the necessary information from
which the filed reports and statements may be verified,
explained, clarified, and checked for accuracy and
completeness. The person shall keep the records available for
audit, inspection, or examination by the board or its authorized
representatives for four years from the date of filing of the
reports or statements or of changes or corrections thereto to
them. Any A person who knowingly violates any provisions of
this subdivision is guilty of a misdemeanor.
Sec. 25. Minnesota Statutes 1998, section 10A.22,
subdivision 7, is amended to read:
Subd. 7. [UNREGISTERED ASSOCIATION LIMIT; STATEMENT
REQUIRED; PENALTY.] (a) The treasurer of a political
committee or, political fund, principal campaign committee, or
party unit shall not accept a contribution of more than $100
from an association not registered in this state under this
chapter unless the contribution is accompanied by a written
statement which that meets the disclosure and reporting period
requirements imposed by section 10A.20. This statement shall
must be certified as true and correct by an officer of the
contributing association. The political committee or political,
fund which, or party unit that accepts the contribution shall
include a copy of the statement with the report which that
discloses the contribution to the board. The provisions of This
subdivision shall does not apply when a national political party
transfers contributes 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, or party units in
any a 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, or party units in any a
calendar year.
An officer of an association who violates this paragraph is
guilty of a misdemeanor.
Sec. 26. Minnesota Statutes 1998, section 10A.23, is
amended to read:
10A.23 [CHANGES AND CORRECTIONS.]
Any Material changes in information previously submitted
and any corrections to a report or statement shall must be
reported in writing to the board within ten days following the
date of the event prompting the change or the date upon which
the person filing became aware of the inaccuracy. The change or
correction shall must identify the form and the paragraph
containing the information to be changed or corrected. Any A
person who willfully fails to report a material change or
correction is guilty of a gross misdemeanor.
Sec. 27. Minnesota Statutes 1998, section 10A.24, is
amended to read:
10A.24 [DISSOLUTION OR TERMINATION.]
Subdivision 1. [TERMINATION REPORT.] No A political
committee or, political fund shall, principal campaign
committee, or party unit may not dissolve until it has settled
all of its debts and disposed of all its assets in excess of
$100 and filed a termination report. "Assets" include credit
balances at vendors and physical assets such as computers and
postage stamps. Physical assets must be listed at their fair
market value. The termination report may be made at any time
and shall must 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,
or party unit 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 notify any
remaining creditors by certified mail and then file a
termination report.
Sec. 28. Minnesota Statutes 1998, section 10A.241, is
amended to read:
10A.241 [TRANSFER OF DEBTS.]
Notwithstanding any provisions of this chapter to the
contrary except as provided in this section 10A.24, a candidate
may terminate the candidate's principal campaign committee for
one state office by transferring any debts of that committee to
the candidate's principal campaign committee for another state
office, provided that any if all outstanding unpaid bills or
loans from the committee being terminated are assumed and
continuously reported by the committee to which the transfer is
being made until paid or forgiven. A loan that is forgiven is
covered by section 10A.20 and, for purposes of section 10A.324,
is a contribution to the principal campaign committee from which
the debt was transferred under this section.
Sec. 29. Minnesota Statutes 1998, section 10A.242, is
amended to read:
10A.242 [DISSOLUTION OF INACTIVE COMMITTEES AND FUNDS.]
Subdivision 1. [DISSOLUTION REQUIRED.] A political
committee or, political fund, or principal campaign committee
must be dissolved within 60 days after receiving notice from the
board that the committee or fund 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 political 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 political
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. 30. Minnesota Statutes 1998, section 10A.25, is
amended to read:
10A.25 [SPENDING LIMITS ON CAMPAIGN EXPENDITURES.]
Subdivision 1. [GOVERNOR AND LIEUTENANT GOVERNOR
CANDIDATES LIMITS ARE VOLUNTARY.] For the purposes of sections
10A.11 to 10A.34 a candidate for governor and a candidate for
lieutenant governor, running together, shall be deemed to be a
single candidate. Except as provided in subdivision 3, all
expenditures made by and all approved expenditures made on
behalf of the candidate for lieutenant governor shall be
considered to be expenditures by and approved expenditures on
behalf of the candidate for governor. The expenditure limits
imposed by this section apply only to a candidate who has signed
an agreement under section 10A.322 to be bound by them as a
condition of receiving a public subsidy for the candidate's
campaign.
Subd. 2. [MAXIMUM EXPENDITURES AMOUNTS.] (a) 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 the candidate, shall not make
campaign expenditures nor any permit approved expenditures to be
made on behalf of that the candidate which expenditures and
approved expenditures that result in an aggregate amount
expenditures in excess of the following:
(1) for governor and lieutenant governor, running together,
$1,626,691;
(2) for attorney general, $271,116;
(3) for secretary of state, state treasurer, and state
auditor, separately, $135,559;
(4) for state senator, $40,669;
(5) for state representative, $20,335.
(b) In addition to the amount in paragraph (a), clause (1),
a candidate for endorsement for the office of lieutenant
governor at the convention of a political party may make
campaign expenditures and approved expenditures of five percent
of that amount to seek endorsement.
(c) If a special election cycle occurs during a general
election cycle, expenditures by or on behalf of a candidate in
the special election do not count as expenditures by or on
behalf of the candidate in the general election.
(c) (d) The expenditure limits in this subdivision for an
office are increased by ten percent for a candidate who is
running for that office for the first time and who has not run
previously for any other office whose territory now includes a
population that is more than one-third of the population in the
territory of the new office.
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 applying the limits on campaign expenditures under
subdivision 2, clauses (a) to (c).
Subd. 3. [ENDORSEMENT OF GOVERNOR AND LIEUTENANT GOVERNOR
A SINGLE CANDIDATE.] Notwithstanding subdivision 2, clause (a),
a candidate for endorsement for the office of lieutenant
governor at the convention of a political party may make
expenditures and approved expenditures of $30,000 or five
percent of the amount in subdivision 2, clause (a), whichever is
greater, to seek endorsement. This amount shall be in addition
to the amount which may be expended pursuant to subdivision 2,
clause (a). For the purposes of sections 10A.11 to 10A.34, a
candidate for governor and a candidate for lieutenant governor,
running together, are considered a single candidate. Except as
provided in subdivision 2, paragraph (b), all expenditures made
by or all approved expenditures made on behalf of the candidate
for lieutenant governor are considered to be expenditures by or
approved expenditures on behalf of the candidate for governor.
Subd. 4. [EXPENDITURES BEFORE FEBRUARY 28, 1978.] The
limits prescribed in this section shall not apply to any
expenditure or approved expenditure made or advance of credit
incurred before February 28, 1978 unless the goods or services
for which they were made or incurred are consumed or used after
February 28, 1978.
Subd. 5. [CONTESTED PRIMARY RACES.] Notwithstanding the
limits imposed by subdivision 2, the winning candidate in a
contested race in a primary who received fewer than twice as
many votes as any one of the candidate's opponents in that
primary may make aggregate expenditures and permit approved
expenditures to be made on behalf of the candidate equal to 120
percent of the applicable amount limit as set forth in
subdivision 2, as adjusted by section 10A.255. A candidate in a
contested primary race may not, under this subdivision, make
aggregate expenditures and approved expenditures of but no more
than 100 percent of the expenditure limits imposed by
subdivision 2 limit until after the primary.
Subd. 6. [LIMIT IN NONELECTION YEAR.] During an election
cycle, in any year before an the election year for the office
held or sought by the candidate, the aggregate amount of a
candidate shall not make campaign expenditures by and nor permit
approved expenditures to be made on behalf of a the candidate
for or holder of that office shall not exceed 20 percent of the
expenditure limit set forth in subdivision 2.
Subd. 7. [PUBLICATION OF EXPENDITURE LIMITS.] On or before
December 31 of each nonelection year the board shall determine
and publish in the State Register the expenditure limits for
each office for the next calendar year as prescribed by
subdivision 2.
Subd. 10. [EFFECT OF OPPONENT'S CONDUCT.] (a) A candidate
who has agreed to be bound by the expenditure limits imposed by
this section as a condition of receiving a public subsidy for
the candidate's campaign is released from the expenditure limits
but remains eligible to receive a public subsidy if the
candidate has an opponent who does not agree to be bound by the
limits and receives contributions or makes or becomes obligated
to make expenditures during that election cycle in excess of the
following limits:
(1) up to ten days before the primary election, receipts or
expenditures equal to 20 percent of the expenditure limit for
that office as set forth in subdivision 2; or
(2) after ten days before the primary election, cumulative
receipts or expenditures during that election cycle equal to 50
percent of the expenditure limit for that office as set forth in
subdivision 2.
(b) A candidate who has not agreed to be bound by
expenditure limits, or the candidate's principal campaign
committee, shall file written notice with the board and provide
written notice to any opponent of the candidate for the same
office within 24 hours of exceeding the limits in paragraph (a),
clause (2). The notice must state only that the candidate or
candidate's principal campaign committee has received
contributions or made or become obligated to make campaign
expenditures in excess of the limits in paragraph (a), clause
(2). Upon receipt of the notice, the candidate who has had
agreed to be bound by the limits is no longer bound by the
expenditure limits.
Subd. 11. [CARRYFORWARD; DISPOSITION OF OTHER FUNDS.]
After all campaign expenditures and noncampaign disbursements
for an election cycle have been made, an amount up to 50 percent
of the election year expenditure limit for the office may be
carried forward. Any remaining amount up to the total amount of
the public subsidy from the state elections campaign fund and
any public matching subsidy must be returned to the state
treasury for credit to the general fund under section 10A.324.
Any remaining amount in excess of the total public subsidy must
be contributed to the state elections campaign fund or a
political party for multicandidate expenditures as defined in
section 10A.275.
Subd. 12. [UNUSED POSTAGE AND CREDIT BALANCES CARRIED
FORWARD.] Postage that is purchased but not used during an
election cycle and credit balances at vendors that exceed a
combined total of $500 must be carried forward and counted as
expenditures during the election cycle during which they are
used.
Subd. 13. [INDEPENDENT EXPENDITURES; LIMITS INCREASED.]
(a) The expenditure limits in this section are increased by the
sum of independent expenditures made in opposition to a
candidate plus independent expenditures made on behalf of the
candidate's major political party opponents, other than
expenditures by an association targeted to inform solely its own
dues-paying members of the association's position on a candidate.
(b) Within 48 hours after receipt of an expenditure report
or notice required by section 10A.20, subdivision 3, 6, or 6b,
the board shall notify each candidate in the race of the
increase in the expenditure limit for the candidates against
whom the independent expenditures have been made.
(c) Within three days after providing this notice, the
board shall pay each candidate against whom the independent
expenditures have been made, if the candidate is eligible to
receive a public subsidy and has raised twice the minimum match
required, an additional public subsidy equal to one-half the
independent expenditures. The amount needed to pay the
additional public subsidy under this subdivision is appropriated
from the general fund to the board.
Sec. 31. Minnesota Statutes 1998, section 10A.255,
subdivision 1, is amended to read:
Subdivision 1. [METHOD OF CALCULATION.] The dollar amounts
provided in section 10A.25, subdivision 2, must be adjusted for
general election years as provided in this section. By June 1
of the Each 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 preceding 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. The product must be
rounded up to the next highest whole dollar $10 increment. 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.
Sec. 32. Minnesota Statutes 1998, section 10A.255,
subdivision 3, is amended to read:
Subd. 3. [PUBLICATION OF EXPENDITURE LIMIT.] By June April
15 of each election 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. The
revisor of statutes shall code the adjusted amounts in the next
edition of Minnesota Statutes, section 10A.25, subdivision 2.
Sec. 33. Minnesota Statutes 1998, section 10A.265, is
amended to read:
10A.265 [FREEDOM TO ASSOCIATE AND COMMUNICATE.]
Nothing in this chapter shall may be construed as abridging
to abridge the right of an association to communicate with its
members.
Sec. 34. Minnesota Statutes 1998, section 10A.27, is
amended to read:
10A.27 [ADDITIONAL LIMITATIONS CONTRIBUTION LIMITS.]
Subdivision 1. [CONTRIBUTION LIMITS.] (a) Except as
provided in subdivision 2, no a candidate shall not permit the
candidate's principal campaign committee to accept aggregate
contributions made or delivered by any individual, political
committee, or political fund in excess of the following:
(a) (1) to candidates for governor and lieutenant governor
running together, $2,000 in an election year for the office
sought and $500 in other years;
(b) (2) to a candidate for attorney general, $1,000 in an
election year for the office sought and $200 in other years;
(c) (3) to a candidate for the office of secretary of
state, state treasurer or state auditor, $500 in an election
year for the office sought and $100 in other years;
(d) (4) to a candidate for state senator, $500 in an
election year for the office sought and $100 in other years; and
(e) (5) to a candidate for state representative, $500 in an
election year for the office sought and $100 in the other year.
(b) The following deliveries are not subject to the
bundling limitation in this subdivision:
(1) delivery of contributions collected by a member of the
candidate's principal campaign committee, such as a block worker
or a volunteer who hosts a fund raising event, to the
committee's treasurer; and
(2) a delivery made by an individual on behalf of the
individual's spouse.
Subd. 2. [CONTRIBUTIONS FROM POLITICAL PARTY UNITS LIMIT.]
No A candidate shall not permit the candidate's principal
campaign committee to accept contributions from any political
party units in aggregate in excess of ten times the amount that
may be contributed to that candidate as set forth in subdivision
1.
Subd. 4. [DEFINITION OF POLITICAL PARTY.] For the purposes
of this section, a political party means 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.
Subd. 5. [INDEPENDENT EXPENDITURES.] Nothing in This
section shall be construed as limiting independent expenditures
on behalf of a candidate.
Subd. 7. [CONTRIBUTIONS AND EXPENDITURES BEFORE FEBRUARY
28, 1978.] Contributions and approved expenditures made prior to
February 28, 1978 which are in excess of the limits imposed by
this section shall not be in violation of this section but shall
be disclosed as required by this chapter.
Subd. 8. [EXCESS LOANS PROHIBITED.] No A candidate shall
not permit the candidate's principal campaign committee to
accept a loan from other than a financial institution for an
amount in excess of the contribution limits imposed by this
section. No A candidate shall not permit the candidate's
principal campaign committee to accept any a loan from a
financial institution for which that the financial institution
may hold any an endorser of that the loan liable to pay any
an amount in excess of the amount that the endorser may
contribute to that candidate.
Subd. 9. [TRANSFERS AMONG COMMITTEES; CONTRIBUTIONS TO AND
FROM CERTAIN OTHER CANDIDATES.] (a) A candidate or the treasurer
of a candidate's principal campaign committee shall not accept a
transfer or contribution from another candidate's principal
campaign committee or from any other committee bearing the
contributing candidate's name or title or otherwise authorized
by the contributing candidate, unless the contributing
candidate's principal campaign committee is being dissolved. A
candidate's principal campaign committee shall not make
a transfer or contribution to another candidate's principal
campaign committee, except when the contributing committee is
being dissolved.
(b) A candidate's principal campaign committee shall not
accept a transfer or contribution from, or make a transfer or
contribution to, a committee associated with a person who seeks
nomination or election to the office of President, Senator, or
Representative in Congress of the United States.
(c) A candidate or the treasurer of a candidate's principal
campaign committee shall not accept a contribution from a
candidate for political subdivision office in any state, unless
the contribution is from the personal funds of the candidate for
political subdivision office. A candidate or the treasurer of a
candidate's principal campaign committee shall not make a
contribution from the principal campaign committee to a
candidate for political subdivision office in any state.
Subd. 10. [PROHIBITED LIMITED PERSONAL CONTRIBUTIONS.] A
candidate who accepts a public subsidy may not contribute to the
candidate's own campaign during a year more than ten times the
candidate's election year contribution limit under subdivision 1.
Subd. 11. [CONTRIBUTIONS FROM CERTAIN TYPES OF
CONTRIBUTORS.] A candidate shall not permit the candidate's
principal campaign committee to accept a contribution from a
political committee other than a political party unit as defined
in section 10A.275, a political fund, a lobbyist, or a
large giver contributor, if the contribution will cause the
aggregate contributions from those types of contributors to
exceed an amount equal to 20 percent of the expenditure limits
for the office sought by the candidate. For purposes of this
subdivision, "large giver contributor" means an individual,
other than the candidate, who contributes an amount that is more
than $100 and more than one-half the amount an individual may
contribute.
Subd. 12. [CONTRIBUTIONS TO OTHER POLITICAL COMMITTEES OR
FUNDS.] The treasurer of a political committee or political
fund, other than a candidate's principal campaign committee or a
political party unit as defined in section 10A.275, shall not
permit the political committee or political fund to accept
aggregate contributions from an individual, political committee,
or political fund in an amount more than $100 a year.
Sec. 35. Minnesota Statutes 1998, section 10A.275,
subdivision 1, is amended to read:
Subdivision 1. [EXCEPTIONS.] Notwithstanding any other
provisions of this chapter, the following expenditures by a
state political party, a party unit, or two or more party units
acting together, with at least one party unit being either: the
state party organization committee or the party organization
within a congressional district, county, or legislative
district, shall are not be considered contributions to or
expenditures on behalf of any a candidate for the purposes of
section 10A.25 or 10A.27, and shall must not be allocated to any
candidates pursuant to under section 10A.22, subdivision 5
10A.20, subdivision 3, paragraph (g):
(a) (1) expenditures on behalf of candidates of that party
generally without referring to any of them specifically in any
advertisement a published, posted, or broadcast advertisement;
(b) (2) 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) (3) expenditures for any a telephone conversation
including the names of three or more individuals whose names are
to appear on the ballot;
(d) (4) expenditures for any a political party fundraising
effort on behalf of three or more candidates; or
(e) (5) expenditures for party committee staff member
services that benefit three or more candidates.
Sec. 36. Minnesota Statutes 1998, section 10A.28, is
amended to read:
10A.28 [PENALTY FOR EXCEEDING LIMITS.]
Subdivision 1. [CANDIDATE EXCEEDING EXPENDITURE LIMITS.] A
candidate subject to the expenditure limits 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, as adjusted by section 10A.255, is subject to a civil
fine up to four times the amount by which the expenditures
exceeded the limit.
Subd. 2. [CIVIL FINE EXCEEDING CONTRIBUTION LIMITS.] A
candidate who permits the candidate's principal campaign
committee to accept contributions in excess of the limits
imposed by section 10A.27, and the treasurer of a political fund
or political committee, other than a principal campaign
committee, who permits the committee or fund to accept
contributions in excess of the limits imposed by section 10A.27,
shall be is subject to a civil fine of up to four times the
amount by which the contribution exceeded the limits.
Subd. 3. [CONCILIATION AGREEMENT.] If the board finds that
there is reason to believe that excess expenditures have been
made or excess contributions accepted contrary to the provisions
of subdivision 1 or 2, the board shall make every effort for a
period of not less than at least 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 pursuant to
under this subdivision shall be is a matter of public record.
Unless violated, a conciliation agreement shall be is a bar to
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 a matter
which that constitutes probable cause to believe that excess
expenditures have been made or excess contributions accepted
contrary to subdivision 1 or 2, 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, in the
district court of Ramsey county or, in the case of a legislative
candidate, the district court of a county within the legislative
district, to impose collect a civil fine as prescribed imposed
by the board pursuant to under subdivision 1 or 2. All money
recovered pursuant to under this section shall must be deposited
in the general fund of the state.
Sec. 37. Minnesota Statutes 1998, section 10A.29, is
amended to read:
10A.29 [CIRCUMVENTION PROHIBITED.]
Any attempt by an individual or association to circumvent
the provisions of this chapter by redirecting funds a
contribution through, or contributing funds making a
contribution on behalf of, another individual or association is
a gross misdemeanor.
Sec. 38. Minnesota Statutes 1998, section 10A.30,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] There is hereby
established An account within is established in the special
revenue fund of the state to be known as the "state elections
campaign fund."
Sec. 39. Minnesota Statutes 1998, section 10A.31, is
amended to read:
10A.31 [DESIGNATION OF INCOME TAX PAYMENTS.]
Subdivision 1. [AMOUNT ALLOWED DESIGNATION.] Every An
individual resident of Minnesota this state who files an income
tax return or a renter and homeowner property tax refund return
with the commissioner of revenue may designate on their original
return that $5 shall be paid from the general fund of the state
into the state elections campaign fund. If a husband and wife
file a joint return, each spouse may designate that $5 shall be
paid. No individual shall be is allowed to designate $5 more
than once in any year. The taxpayer may designate that the
amount be paid into the account of a political party or into the
general account.
Subd. 2. [DESIGNATION OF ACCOUNT.] The taxpayer may
designate that the amount designated be paid into the account of
a political party or into the general account.
Subd. 3. [FORM.] The commissioner of the department of
revenue shall provide on the first page of the income tax form
and the renter and homeowner property tax refund return a space
for the individual to indicate a wish to allocate pay $5 ($10 if
filing a joint return) from the general fund of the state to
finance election campaigns. The form shall must also contain
language prepared by the commissioner which that permits the
individual to direct the state to allocate pay the $5 (or $10 if
filing a joint return) to: (i) (1) one of the major political
parties; (ii) (2) any minor political party as defined in
section 10A.01, subdivision 13, which that qualifies under the
provisions of subdivision 3a; or (iii) (3) all qualifying
candidates as provided by subdivision 7. The renter and
homeowner property tax refund return shall must include
instructions that the individual filing the return may designate
$5 on the return only if the individual has not designated $5 on
the income tax return.
Subd. 3a. [QUALIFICATION OF POLITICAL PARTIES.] (a) A
major political party as defined in section 10A.01, subdivision
12, qualifies for inclusion on the income tax form and property
tax refund return as provided in subdivision 3, provided that if
it qualifies as a major political party by July 1 of the taxable
year.
(b) A minor political party as defined in section 10A.01,
subdivision 13 qualifies for inclusion on the income tax form
and property tax refund return as provided in subdivision 3,
provided that
(1)(a) if a petition is filed, it is filed by June 1 of the
taxable year; or
(b) if the party ran a candidate for statewide office, that
office must have been the office of governor and lieutenant
governor, secretary of state, state auditor, state treasurer, or
attorney general; and
(2) if the secretary of state certifies to the commissioner
of revenue by July 1, 1984, and by July 1 of every odd-numbered
the taxable year thereafter the parties which qualify as minor
political parties under this subdivision.
A minor party shall be certified only if the secretary of
state determines that the party satisfies the following
conditions:
(a) (1) the party meets the requirements of section 10A.01,
subdivision 13, and in the last applicable general election, the
party ran a candidate for the statewide offices listed in clause
(1)(b) of this subdivision office of governor and lieutenant
governor, secretary of state, state auditor, or attorney
general, who received votes in each county that in the aggregate
total at least one percent of the total number of individuals
who voted in the election;
(b) (2) it is a political party, not a principal campaign
committee; and
(c) (3) it has held a state convention in the last two
years, adopted a state constitution, and elected state officers;
and
(d) an officer of the party has filed with the secretary of
state a certification that the party held a state convention in
the last two years, adopted a state constitution, and elected
state officers to that effect.
Subd. 4. [APPROPRIATION.] (a) The amounts designated by
individuals for the state elections campaign fund, less three
percent, are appropriated from the general fund and shall, must
be transferred and credited to the appropriate account in the
state elections campaign fund, and are annually appropriated for
distribution as set forth in subdivisions 5, 5a, 6, and 7. An
amount equal to The remaining three percent shall must be
retained kept in the general fund for administrative costs.
(b) In addition to the amounts in paragraph (a), $1,500,000
for each general election is appropriated from the general
fund for transfer to the general account of the state elections
campaign fund.
Subd. 5. [ALLOCATION TO CANDIDATES.] (a) [GENERAL
ACCOUNT.] In each calendar year the money in the general account
shall must be allocated to candidates as follows:
(1) 21 percent for the offices of governor and lieutenant
governor together;
(2) 3.6 4.2 percent for the office of attorney general;
(3) 1.8 2.4 percent each for the offices of secretary of
state, and state auditor, and state treasurer;
(4) in each calendar year during the period in which state
senators serve a four-year term, 23-1/3 percent for the office
of state senator, and 46-2/3 percent for the office of state
representative; and
(5) in each calendar year during the period in which state
senators serve a two-year term, 35 percent each for the offices
of state senator and state representative.
(b) [PARTY ACCOUNT.] In each calendar year the money in
each party account shall must be allocated as follows:
(1) 14 percent for the offices of governor and lieutenant
governor together;
(2) 2.4 2.8 percent for the office of attorney general;
(3) 1.2 1.6 percent each for the offices of secretary of
state, and state auditor, and state treasurer;
(4) in each calendar year during the period in which state
senators serve a four-year term, 23-1/3 percent for the office
of state senator, and 46-2/3 percent for the office of state
representative;
(5) in each calendar year during the period in which state
senators serve a two-year term, 35 percent each for the offices
of state senator and state representative; and
(6) ten percent for the state committee of a political
party;.
Money allocated to each state committee under this clause
(6) must be deposited in a separate account and must be spent
for only those items enumerated in section 10A.275;. Money
allocated to a state committee under this clause (6) must be
paid to the committee by the state treasurer as notified by the
state campaign finance and public disclosure board as it is
received in the account on a monthly basis, with payment on the
15th day of the calendar month following the month in which the
returns were processed by the department of revenue, provided
that these distributions would be equal to 90 percent of the
amount of money indicated in the department of revenue's weekly
unedited reports of income tax returns and property tax refund
returns processed in the month, as notified by the department of
revenue to the state campaign finance and public disclosure
board. The amounts paid to each state committee are subject to
biennial adjustment and settlement at the time of each
certification required of the commissioner of revenue under
subdivisions 7 and 10. If the total amount of payments received
by a state committee for the period reflected on a certification
by the department of revenue is different from the amount that
should have been received during the period according to the
certification, each subsequent monthly payment must be increased
or decreased to the fullest extent possible until the amount of
the overpayment is recovered or the underpayment is distributed.
Subd. 5a. [PARTY ACCOUNT FOR LEGISLATIVE CANDIDATES.] To
assure ensure that moneys money will be returned to the counties
from which they were it was collected, and to assure ensure
that the distribution of those moneys money rationally relates
to the support for particular parties or for particular
candidates within legislative districts, money from the party
accounts for legislative candidates shall must be distributed as
follows: provided in this subdivision.
Each candidate for the state senate and state house of
representatives whose name is to appear on the ballot in the
general election shall receive money from the candidate's party
account set aside for allocated to candidates of for the state
senate or state house of representatives, whichever applies,
according to the following formula;:
For each county within the candidate's district, the
candidate's share of the dollars allocated designated by
taxpayers who resided in that county and credited to the
candidate's party account and set aside for allocated to that
office shall must be:
(a) (1) the sum of the votes cast in the last general
election in that part of the county in the candidate's district
for all candidates of that candidate's party (i) whose names
appeared on the ballot in each voting precinct of the state and
(ii) statewide and for the state senate and state house of
representatives, divided by
(b) (2) the sum of the votes cast in that the entire county
in the last general election for all candidates of that
candidate's party (i) whose names appeared on the ballot in each
voting precinct in the state and (ii) statewide and for the
state senate and state house of representatives, multiplied by
(c) (3) the amount in the candidate's party account
allocated designated by taxpayers who resided in that county and
set aside for the candidates for the allocated to that office
for which the candidate is running.
The sum of all the county shares calculated in the formula
above is the candidate's share of the candidate's party account.
In a year in which an election for the state senate occurs,
with respect to votes for candidates for the state senate only,
"last general election" means the last general election in which
an election for the state senate occurred.
For any a party under whose name no candidate's name
appeared on the ballot in each voting precinct in the state
statewide in the last general election, amounts in the party's
account shall must be allocated based on (a) (1) the number of
people voting in the last general election in that part of the
county in the candidate's district, divided by (b) (2) the
number of the people voting in that the entire county in the
last general election, multiplied by (c) (3) the amount in the
candidate's party account allocated designated by taxpayers who
resided in that county and set aside for the candidates for the
allocated to that office for which the candidate is running.
In a year in which the first general election after a
legislative reapportionment is held the legislature is
redistricted, "the candidate's district" means the newly drawn
district, and voting data from the last general election will
must be applied to the area encompassing the newly drawn
district, notwithstanding that the area was in a different
district in the last general election.
If in a district there was no candidate of a party for the
state senate or state house of representatives in the last
general election, or if a candidate for the state senate or
state house of representatives was unopposed, the vote for that
office for that party shall be is the average vote of all the
remaining candidates of that party in each county of that
district whose votes are included in the sums in clauses (a) (1)
and (b) (2). The average vote shall must be added to the sums
in clauses (a) (1) and (b) (2) before the calculation is made
for all districts in the county.
Money from a party account not distributed to candidates
for state senator and representative in any election year shall
be returned to the general fund of the state. Money from a
party account not distributed to candidates for other offices in
an election year shall be returned to the party account for
reallocation to candidates as provided in clauses (1) to (6) in
the following year. Money from the general account refused by
any candidate shall be distributed to all other qualifying
candidates in proportion to their shares as provided in this
subdivision.
Subd. 6. [DISTRIBUTION OF PARTY ACCOUNTS.] As soon as the
board has obtained from the secretary of state the results of
the primary election, but in any event no later than one week
after certification by the state canvassing board of the results
of the primary, the board shall distribute the available funds
money in each party account, as certified by the commissioner of
revenue on September 1, to the candidates of that party who have
signed the a spending limit agreement as provided in under
section 10A.322 and filed the affidavit of contributions
required by section 10A.323, who were opposed in either the
primary election or the general election, and whose names are to
appear on the ballot in the general election, according to the
allocations set forth in subdivision subdivisions 5 and 5a. The
public subsidy from the party account may not be paid in an
amount greater than the expenditure limit of the candidate or
the expenditure limit that would have applied to the candidate
if the candidate had not been freed from expenditure limits
under section 10A.25, subdivision 10. If a candidate files the
affidavit required by section 10A.323 after September 1 of the
general election year, the board shall pay the candidate's
allocation to the candidate at the next regular payment date for
public subsidies for that election cycle that occurs at least 15
days after the candidate files the affidavit.
Subd. 6a. [PARTY ACCOUNT MONEY NOT DISTRIBUTED.] Money
from a party account not distributed to candidates for state
senator or representative in any election year must be returned
to the general fund of the state, except that the subsidy from
the party account an unopposed candidate would otherwise have
been eligible to receive must be paid to the state committee of
the candidate's political party to be deposited in a special
account under subdivision 5, paragraph (b), clause (6), and used
for only those items permitted under section 10A.275. Money
from a party account not distributed to candidates for other
offices in an election year must be returned to the party
account for reallocation to candidates as provided in
subdivision 5, paragraph (b), in the following year.
Subd. 7. [DISTRIBUTION OF GENERAL ACCOUNT.] (a) Within two
weeks after certification by the state canvassing board of the
results of the general election, the board shall distribute the
available funds money in the general account, as certified by
the commissioner of revenue on November 1 and according to
allocations set forth in subdivision 5, in equal amounts to all
candidates for each statewide office who:
(1) have signed a spending limit agreement under section
10A.322;
(2) have filed the affidavit of contributions required by
section 10A.323;
(3) were opposed in either the primary election or the
general election; and
(4) are either a candidate for statewide office who
received at least five percent of the votes cast in the general
election for that office, and to all candidates or a candidate
for legislative office who received at least ten percent of the
votes cast in the general election for the specific office for
which they were candidates, provided that seat.
(b) The public subsidy under this subdivision may not be
paid in an amount that would cause the sum of the public subsidy
paid from the party account plus the public subsidy paid from
the general account and the public subsidy paid to match
independent expenditures to exceed 50 percent of the expenditure
limit for the candidate. If a candidate is entitled to receive
an opponent's share of the general account public subsidy under
section 10A.25, subdivision 10, the opponent's share must be
excluded in calculating the 50 percent limit or 50 percent of
the expenditure limit that would have applied to the candidate
if the candidate had not been freed from expenditure limits
under section 10A.25, subdivision 10. Money from the general
account not paid to a candidate because of the 50 percent limit
must be distributed equally among all other qualifying
candidates for the same office until all have reached the 50
percent limit or the balance in the general account is
exhausted. The board shall not use the information contained in
the report of the principal campaign committee of any candidate
due ten days before the general election for the purpose of
reducing the amount due that candidate from the general account.
Subd. 10. [DECEMBER DISTRIBUTION.] In the event that on
the date of either certification by the commissioner of revenue
as provided in subdivisions subdivision 6 and or 7, less than 98
percent of the tax returns have been processed, the commissioner
of revenue shall certify to the board by December 1 the amount
accumulated in each account since the previous certification.
By December 15, the board shall distribute to each candidate
according to the allocations as provided in subdivision
subdivisions 5 and 5a the amounts to which the candidates are
entitled.
Subd. 10a. [FORM OF DISTRIBUTION.] A distribution to a
candidate must be in the form of checks a check made "payable to
the campaign fund of ......(name of candidate)......."
Subd. 10b. [REMAINDER.] Any Money accumulated after the
final certification shall must be maintained kept in the
respective accounts for distribution in the next general
election year.
Subd. 11. [WRITE-IN CANDIDATE.] For the purposes of this
section, a write-in candidate is a candidate only upon complying
with the provisions of section sections 10A.322, subdivision
1 and 10A.323.
Subd. 12. [UNOPPOSED CANDIDATE NOT ELIGIBLE.] A candidate
who is unopposed in both the primary election and the general
election is not eligible to receive a public subsidy from the
state election campaign fund. The subsidy from the party
account the candidate would otherwise have been eligible to
receive must be paid to the candidate's political party to be
deposited in a special account under section 10A.31, subdivision
5, clause (6), and used for only those items permitted under
section 10A.275.
Sec. 40. Minnesota Statutes 1998, section 10A.315, is
amended to read:
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 a
candidate for the same office at the last general election.
(b) If the filing period for the special election coincides
with the filing period for the general election, the candidate
must meet the matching requirements of section 10A.323 and the
special election subsidy must be distributed in the same manner
as money is distributed to legislative candidates in a general
election.
(c) If the filing period for the special election does not
coincide with the filing period for the general election, the
procedures in this paragraph apply. A candidate who wishes to
receive this public subsidy must submit a signed agreement under
section 10A.322 to the board not later than the day after the
candidate files the affidavit of candidacy or nominating
petition for the office. The candidate and must meet the
matching contribution requirements of section 10A.323. 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.
(d) (c) The amount necessary to make the payments required
by this subdivision section is appropriated from the general
fund to the state treasurer board.
Sec. 41. Minnesota Statutes 1998, section 10A.321, is
amended to read:
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 each 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 subdivisions 5 and 5a, any necessary vote
totals provided by the secretary of state to apply the formulas
in section 10A.31, subdivision subdivisions 5 and 5a, 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 estimated minimum amount. The board shall include with
the notice a form for the agreement provided in section 10A.322
along with a copy of section 10A.25, subdivision 10.
Sec. 42. Minnesota Statutes 1998, section 10A.322, is
amended to read:
10A.322 [PUBLIC SUBSIDY SPENDING LIMIT AGREEMENTS.]
Subdivision 1. [AGREEMENT BY CANDIDATE.] (a) As a
condition of receiving a public subsidy, 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; 10A.27, subdivision 10; and 10A.324.
(b) Before the first day of filing for office, the board
shall forward agreement forms to all filing officers. The board
shall also provide agreement forms to candidates on request at
any time. 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 shall file
the agreement directly to with the board at any time before by
September 1 preceding the candidate's general election or a
special election held at the general election. An agreement may
not be filed after that date. An agreement once filed may not
be rescinded.
(c) The board shall forward a copy notify the commissioner
of revenue of any agreement signed under this subdivision to the
commissioner of revenue.
(d) Notwithstanding any provisions of this section
paragraph (b), when if a vacancy occurs that will be filled by
means of a special election and the filing period does not
coincide with the filing period for the general election, a
candidate may sign and submit a spending limit agreement at any
time before the deadline for submission of a signed agreement
under section 10A.315 not later than the day after the candidate
files the affidavit of candidacy or nominating petition for the
office.
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, and the contribution
limit in section 10A.27, subdivision 10, remains effective for
candidates until the dissolution of the principal campaign
committee of the candidate or the end of the first election
cycle completed after the agreement was filed, 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 10A.321, subdivision 1, plus the total
amount estimated as provided in section 10A.321, 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. [REFUND 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 refund receipt forms that state in boldface
type that (1) a contributor who is given a receipt form is
eligible to claim a refund 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 this section. 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 refund
receipt form or a facsimile of one to any of the candidate's
contributors is guilty of a misdemeanor.
Sec. 43. Minnesota Statutes 1998, section 10A.323, is
amended to read:
10A.323 [MATCHING REQUIREMENTS AFFIDAVIT OF CONTRIBUTIONS.]
In addition to the requirements of section 10A.322, to be
eligible to receive a public subsidy under section 10A.31 a
candidate or the candidate's treasurer shall file an affidavit
with the board stating that during that calendar year the
candidate has accumulated contributions from persons eligible to
vote in this state in at least the amount indicated for the
office sought, counting only the first $50 received from each
contributor:
(1) candidates for governor and lieutenant governor running
together, $35,000;
(2) candidates for attorney general, $15,000;
(3) candidates for secretary of state, state treasurer, and
state auditor, separately, $6,000;
(4) candidates for the senate, $3,000; and
(5) candidates for the house of representatives, $1,500.
The affidavit must state the total amount of contributions
that have been received from persons eligible to vote in this
state and the total amount of those contributions received,
disregarding the portion of any contribution in excess of $50.
The candidate or the candidate's treasurer shall submit the
affidavit required by this section to the board in writing by
September 1 of the general election year to receive the payment
based on the results of made following the primary election, by
September 15 to receive the payment made October 1, by October 1
to receive the payment made October 15, and by November 1 to
receive the payment made November 15, and by December 1 to
receive the payment made December 15 following the general
election.
A candidate for a vacancy to be filled at a special
election for which the filing period does not coincide with the
filing period for the general election shall submit the
affidavit required by this section to the board within five days
after filing the affidavit of candidacy.
Sec. 44. Minnesota Statutes 1998, section 10A.324,
subdivision 1, is amended to read:
Subdivision 1. [WHEN RETURN REQUIRED.] A candidate shall
return all or a portion of the public subsidy received from the
state elections campaign fund or the public matching subsidy
received under section 10A.315, under the circumstances in this
section or section 10A.25, subdivision 11.
(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. The cost
of postage that was not used during an election cycle and
payments that created credit balances at vendors at the close of
an election cycle are not considered expenditures for purposes
of determining the amount to be returned. Expenditures in
excess of the candidate's spending limit do not count in
determining aggregate expenditures under this paragraph.
Sec. 45. Minnesota Statutes 1998, section 10A.324,
subdivision 3, is amended to read:
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 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 a principal campaign committee to a
political party is considered to be a noncampaign disbursement.
The cost of postage that was not used during an election cycle
and payments that created credit balances at vendors at the
close of an election cycle are not considered expenditures for
purposes of determining the amount to be returned. Any An
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 deposit the check or money
order to in the state treasurer for deposit in treasury for
credit to the general fund. The amount returned must not exceed
the amount of public subsidy received by the candidate.
Sec. 46. Minnesota Statutes 1998, section 10A.34, is
amended to read:
10A.34 [REMEDIES.]
Subdivision 1. [PERSONAL LIABILITY.] A person charged with
a duty under sections 10A.02 to 10A.34 shall be this chapter is
personally liable for the penalty for failing to discharge it.
Subd. 1a. [RECOVERING LATE FILING FEES.] The board may
bring an action in the district court in Ramsey county to
recover any a late filing fee imposed pursuant to any provision
of under this chapter. All Money recovered shall must be
deposited in the general fund of the state.
Subd. 2. [INJUNCTION.] The board or a county attorney may
seek an injunction in the district court to enforce the
provisions of sections 10A.02 to 10A.34 this chapter.
Subd. 3. [NOT A CRIME.] Unless otherwise provided, a
violation of sections 10A.02 to 10A.34 this chapter is not a
crime.
Sec. 47. [10A.35] [COMMERCIAL USE OF INFORMATION
PROHIBITED.]
Information copied from reports and statements filed with
the board may not be sold or used by an individual or
association for a commercial purpose. Purposes related to
elections, political activities, or law enforcement are not
commercial purposes. An individual or association who violates
this section is subject to a civil penalty of up to $1,000. An
individual who knowingly violates this section is guilty of a
misdemeanor.
Sec. 48. Minnesota Statutes 1998, section 200.02, is
amended by adding a subdivision to read:
Subd. 23. [MINOR POLITICAL PARTY.] (a) "Minor political
party" means a political party that is not a major political
party as defined by subdivision 7 and that has adopted a state
constitution, designated a state party chair, and met the
requirements of paragraph (b) or (c), as applicable.
(b) To be considered a minor party in all elections
statewide, the political party must have presented at least one
candidate for a partisan office voted on statewide at the
preceding state general election who received votes in each
county that in the aggregate equal at least one percent of the
total number of individuals who voted in the election, or its
members must have presented to the secretary of state a
nominating petition in a form prescribed by the secretary of
state containing the signatures of party members in a number
equal to at least one percent of the total number of individuals
who voted in the preceding state general election.
(c) To be considered a minor party in an election in a
legislative district, the political party must have presented at
least one candidate for a legislative office in that district
who received votes from at least ten percent of the total number
of individuals who voted for that office, or its members must
have presented to the secretary of state a nominating petition
in a form prescribed by the secretary of state containing the
signatures of party members in a number equal to at least ten
percent of the total number of individuals who voted in the
preceding state general election for that legislative office.
Sec. 49. Minnesota Statutes 1998, section 290.06,
subdivision 23, is amended to read:
Subd. 23. [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES
AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the
amount of the taxpayer's contributions made in the calendar year
to candidates and to any a political party. The maximum refund
for an individual must not exceed $50 and, for a married couple,
filing jointly, must not exceed $100. A refund of 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 refund receipt form issued by the candidate or party
and signed by the candidate, the treasurer of the candidate's
principal campaign committee, or the party chair, after the
contribution was received. The receipt forms must be numbered,
and the data on the receipt that are not public must be made
available to the campaign finance and public disclosure board
upon its request. A claim must be filed with the
commissioner not no sooner than January 1 of the calendar year
in which the contribution is was made and no later than April 15
of the calendar year following the calendar year in which the
contribution is was 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 was made must include interest at the rate
specified in section 270.76.
(b) No refund is allowed under this subdivision for a
contribution to any a candidate unless the candidate:
(1) has signed an agreement to limit campaign expenditures
as provided in section 10A.322 or 10A.43;
(2) is seeking an office for which voluntary spending
limits are specified in section 10A.25 or 10A.43; and
(3) has designated a principal campaign committee.
This subdivision does not limit the campaign
expenditure expenditures of a candidate who does not sign an
agreement but accepts a contribution for which the contributor
improperly claims a refund.
(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 party" or "minor party" includes the aggregate of
the party that party's 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 congressional candidate as defined in
section 10A.41, subdivision 4, or a candidate as defined in
section 10A.01, subdivision 5, except a candidate for judicial
office.
"Contribution" means a gift of money.
(d) 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 refund, the identities of candidates
to whom those individuals have made contributions, and the
amount of each contribution.
(f) The commissioner shall report to the campaign finance
and public disclosure board by each August 1 of each year a
summary showing the total number and aggregate amount of
political contribution refunds made on behalf of each candidate
and each political party. These data are public.
(g) The amount necessary to pay claims for the refund
provided in this section is appropriated from the general fund
to the commissioner of revenue.
Sec. 50. [INSTRUCTION TO REVISOR.]
Subdivision 1. The revisor of statutes shall renumber the
definition subdivisions of Minnesota Statutes, section 10A.01,
in alphabetical order and make necessary cross-reference changes
consistent with the renumbering.
Subd. 2. The revisor of statutes shall renumber each
section or subdivision of Minnesota Statutes listed in column A
with the number listed in column B. The revisor shall also make
necessary cross-reference changes consistent with the
renumbering.
Column A Column B
10A.10 10A.025, subd. 2
10A.22, subd. 6 10A.025, subd. 3
10A.23 10A.025, subd. 4
10A.19 10A.105
10A.25, subd. 11 10A.257, subd. 1
10A.25, subd. 12 10A.257, subd. 2
10A.22, subd. 7 10A.27, subd. 13
10A.065, subd. 1 10A.273, subd. 1
10A.065, subd. 1a 10A.273, subd. 2
10A.065, subd. 2 10A.273, subd. 3
10A.065, subd. 3 10A.273, subd. 4
10A.065, subd. 4 10A.273, subd. 5
10A.20, subd. 11 10A.36
10A.265 10A.37
Subd. 3. In chapter 10A, the revisor of statutes must
change "shall" wherever it appears so that the use of words of
authority in that chapter conforms to the instructions in the
Minnesota Rules Drafting Manual. In following the manual's
instructions, the revisor must not use "shall" to impose duties.
Sec. 51. [REPEALER.]
Minnesota Statutes 1998, sections 10A.065, subdivision 5;
10A.22, subdivisions 1, 4, and 5; 10A.255, subdivision 2;
10A.275, subdivisions 2 and 3; 10A.324, subdivisions 2 and 4;
10A.325; 10A.335; 10A.40; 10A.41; 10A.42; 10A.43; 10A.44;
10A.45; 10A.46; 10A.47; 10A.48; 10A.49; 10A.50; and 10A.51, are
repealed.
Presented to the governor May 21, 1999
Signed by the governor May 24, 1999, 10:40 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes