1.1 	A bill for an act
1.2 	relating to elections; providing for fair and clean
1.3 	elections; increasing disclosure of campaign
1.4 	contributions to candidates; encouraging candidates to
1.5 	accept only clean money for their political campaigns;
1.6 	limiting campaign contributions and expenditures;
1.7 	increasing public subsidies for state candidates who
1.8 	agree to limit the sources and amounts of
1.9 	contributions to their campaigns; providing a
1.10 	throwback rule for the corporate franchise tax;
1.11 	appropriating money; amending Minnesota Statutes 2004,
1.12 	sections 10A.01, subdivision 1; 10A.02, subdivisions
1.13 	8, 10, 11, 11a, 12, 13; 10A.025, subdivisions 1, 2;
1.14 	10A.071, subdivision 3; 10A.34; 10A.37; 129D.13, by
1.15 	adding a subdivision; 129D.14, by adding a
1.16 	subdivision; 204B.11, subdivision 1; 211A.13; 211B.12;
1.17 	211B.15, subdivision 16; 290.191, subdivision 5;
1.18 	340A.404, subdivision 10; 353.03, subdivision 1;
1.19 	383B.042, subdivision 5; proposing coding for new law
1.20 	in Minnesota Statutes, chapters 204B; 211B; proposing
1.21 	coding for new law as Minnesota Statutes, chapter 10B;
1.22 	repealing Minnesota Statutes 2004, sections 10A.01,
1.23 	subdivisions 3, 4, 6, 7, 9, 10, 11, 12, 13, 15, 16,
1.24 	17, 18, 20, 23, 25, 26, 27, 28, 29, 30, 32, 34, 36;
1.25 	10A.105; 10A.11; 10A.12; 10A.13; 10A.14; 10A.15;
1.26 	10A.16; 10A.17; 10A.18; 10A.20; 10A.24; 10A.241;
1.27 	10A.242; 10A.25; 10A.255; 10A.257; 10A.27; 10A.273;
1.28 	10A.275; 10A.28; 10A.29; 10A.30; 10A.31; 10A.315;
1.29 	10A.321; 10A.322; 10A.323; 10A.324; 290.06,
1.30 	subdivision 23.
1.31 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.32 	Section 1. FAIR AND CLEAN ELECTIONS ACT.
 1.33 	This act may be cited as the Fair and Clean Elections Act.

1.34 	Sec. 2. Minnesota Statutes 2004, section 10A.01,
1.35 	subdivision 1, is amended to read:
1.36 		Subdivision 1.Application.  For the purposes of this
1.37 	chapter and chapter 10B, the terms defined in this section have
1.38 	the meanings given them unless the context clearly indicates
2.1 	otherwise.

2.2 	Sec. 3. Minnesota Statutes 2004, section 10A.02,
2.3 	subdivision 8, is amended to read:
2.4 		Subd. 8.Duties.  (a) The board must report at the close
2.5 	of each fiscal year to the legislature, the governor, and the
2.6 	public concerning the action it has taken, the names, salaries,
2.7 	and duties of all individuals in its employ, and the money it
2.8 	has disbursed.  The board must include and identify in its
2.9 	report any other reports it has made during the fiscal year.  It
2.10 	may indicate apparent abuses and offer legislative
2.11 	recommendations.
2.12 	(b) The board must prescribe forms for statements and
2.13 	reports required to be filed under this chapter or chapter 10B 
2.14 	and make the forms available to individuals required to file
2.15 	them.
2.16 	(c) The board must make available to the individuals
2.17 	required to file the reports and statements a manual setting
2.18 	forth the recommended uniform methods of bookkeeping and
2.19 	reporting.
2.20 	(d) The board must develop a filing, coding, and
2.21 	cross-indexing system consistent with the purposes of this
2.22 	chapter and chapter 10B.
2.23 	(e) The board must make the reports and statements filed
2.24 	with it available for public inspection and copying by the end
2.25 	of the second day following the day on which they were
2.26 	received.  An individual may copy a report or statement by hand
2.27 	or by duplicating machine and the board must provide duplicating
2.28 	services at cost for this purpose.
2.29 	(f) Notwithstanding section 138.163, the board must
2.30 	preserve reports and statements for a period of five years from
2.31 	the date of receipt.
2.32 	(g) The board must compile and maintain a current list and
2.33 	summary of all statements or parts of statements pertaining to
2.34 	each candidate.
2.35 	(h) The board may prepare and publish reports it considers
2.36 	appropriate.

3.1 	Sec. 4. Minnesota Statutes 2004, section 10A.02,
3.2 	subdivision 10, is amended to read:
3.3 		Subd. 10.Audits and investigations.  The board may make
3.4 	audits and investigations with respect to statements and reports
3.5 	that are filed or that should have been filed under this chapter
3.6 	or chapter 10B.  In all matters relating to its official duties,
3.7 	the board has the power to issue subpoenas and cause them to be
3.8 	served.  If a person does not comply with a subpoena, the board
3.9 	may apply to the District Court of Ramsey County for issuance of
3.10 	an order compelling obedience to the subpoena.  A person failing
3.11 	to obey the order is punishable by the court as for contempt.

3.12 	Sec. 5. Minnesota Statutes 2004, section 10A.02,
3.13 	subdivision 11, is amended to read:
3.14 		Subd. 11.Violations; enforcement.  (a) The board may
3.15 	investigate any alleged violation of this chapter or chapter
3.16 	10B.  The board must investigate any violation that is alleged
3.17 	in a written complaint filed with the board and must within 30
3.18 	days after the filing of the complaint make a public finding of
3.19 	whether there is probable cause to believe a violation has
3.20 	occurred, except that if the complaint alleges a violation of
3.21 	section 10A.25 or 10A.2710B.13 or 10B.17, the board must either
3.22 	enter a conciliation agreement or make a public finding of
3.23 	whether there is probable cause, within 60 days after the filing
3.24 	of the complaint.  The deadline for action on a written
3.25 	complaint may be extended by majority vote of the board.
3.26 	(b) Within a reasonable time after beginning an
3.27 	investigation of an individual or association, the board must
3.28 	notify the individual or association of the fact of the
3.29 	investigation.  The board must not make a finding of whether
3.30 	there is probable cause to believe a violation has occurred
3.31 	without notifying the individual or association of the nature of
3.32 	the allegations and affording an opportunity to answer those
3.33 	allegations.
3.34 	(c) A hearing or action of the board concerning a complaint
3.35 	or investigation other than a finding concerning probable cause
3.36 	or a conciliation agreement is confidential.  Until the board
4.1 	makes a public finding concerning probable cause or enters a
4.2 	conciliation agreement:
4.3 	(1) a member, employee, or agent of the board must not
4.4 	disclose to an individual information obtained by that member,
4.5 	employee, or agent concerning a complaint or investigation
4.6 	except as required to carry out the investigation or take action
4.7 	in the matter as authorized by this chapter; and
4.8 	(2) an individual who discloses information contrary to
4.9 	this subdivision is subject to a civil penalty imposed by the
4.10 	board of up to $1,000.

4.11 	Sec. 6. Minnesota Statutes 2004, section 10A.02,
4.12 	subdivision 11a, is amended to read:
4.13 		Subd. 11a.Data privacy. (a) If, after making a public
4.14 	finding concerning probable cause or entering a conciliation
4.15 	agreement, the board determines that the record of the
4.16 	investigation contains statements, documents, or other matter
4.17 	that, if disclosed, would unfairly injure the reputation of an
4.18 	innocent individual, the board may:
4.19 	(1) retain the statement, document, or other matter as a
4.20 	private record, as defined in section 13.02, subdivision 12, for
4.21 	a period of one year, after which it must be destroyed; or
4.22 	(2) return the statement, document, or other matter to the
4.23 	individual who supplied it to the board.
4.24 	(b) When publishing reports or statements on its Web site,
4.25 	the board must not publish the home street address or telephone
4.26 	number of an individual.

4.27 	Sec. 7. Minnesota Statutes 2004, section 10A.02,
4.28 	subdivision 12, is amended to read:
4.29 		Subd. 12.Advisory opinions.  (a) The board may issue and
4.30 	publish advisory opinions on the requirements of this chapter or
4.31 	chapter 10B based upon real or hypothetical situations.  An
4.32 	application for an advisory opinion may be made only by an
4.33 	individual or association who wishes to use the opinion to guide
4.34 	the individual's or the association's own conduct.  The board
4.35 	must issue written opinions on all such questions submitted to
4.36 	it within 30 days after receipt of written application, unless a
5.1 	majority of the board agrees to extend the time limit.
5.2 	(b) A written advisory opinion issued by the board is
5.3 	binding on the board in a subsequent board proceeding concerning
5.4 	the person making or covered by the request and is a defense in
5.5 	a judicial proceeding that involves the subject matter of the
5.6 	opinion and is brought against the person making or covered by
5.7 	the request unless:
5.8 	(1) the board has amended or revoked the opinion before the
5.9 	initiation of the board or judicial proceeding, has notified the
5.10 	person making or covered by the request of its action, and has
5.11 	allowed at least 30 days for the person to do anything that
5.12 	might be necessary to comply with the amended or revoked
5.13 	opinion;
5.14 	(2) the request has omitted or misstated material facts; or
5.15 	(3) the person making or covered by the request has not
5.16 	acted in good faith in reliance on the opinion.
5.17 	(c) A request for an opinion and the opinion itself are
5.18 	nonpublic data.  The board, however, may publish an opinion or a
5.19 	summary of an opinion, but may not include in the publication
5.20 	the name of the requester, the name of a person covered by a
5.21 	request from an agency or political subdivision, or any other
5.22 	information that might identify the requester, unless the person
5.23 	consents to the inclusion.

5.24 	Sec. 8. Minnesota Statutes 2004, section 10A.02,
5.25 	subdivision 13, is amended to read:
5.26 		Subd. 13.Rules.  Chapter 14 applies to the board.  The
5.27 	board may adopt rules to carry out the purposes of this
5.28 	chapter or chapter 10B.

5.29 	Sec. 9. Minnesota Statutes 2004, section 10A.025,
5.30 	subdivision 1, is amended to read:
5.31 		Subdivision 1.Filing date.  If a scheduled filing date
5.32 	under this chapter or chapter 10B falls on a Saturday, Sunday,
5.33 	or legal holiday, the filing date is the next regular business
5.34 	day.

5.35 	Sec. 10. Minnesota Statutes 2004, section 10A.025,
5.36 	subdivision 2, is amended to read:
6.1 		Subd. 2.Penalty for false statements. (a) A report or
6.2 	statement required to be filed under this chapter must be signed
6.3 	and certified as true by the individual required to file the
6.4 	report.  The signature may be an electronic signature consisting
6.5 	of a password assigned by the board.  An individual who signs
6.6 	and certifies to be true a report or statement knowing it
6.7 	contains false information or who knowingly omits required
6.8 	information is guilty of a gross misdemeanor and subject to a
6.9 	civil penalty imposed by the board of up to $3,000.
6.10 	(b) If a report of campaign contributions or expenditures
6.11 	under section 10B.12 is in error, or if a person knowingly fails
6.12 	to file a report of excess contributions under section 10B.12,
6.13 	subdivision 7, or a notice of independent expenditures under
6.14 	section 10B.12, subdivision 10, the board may impose a civil
6.15 	penalty of up to ten times the amount of the error, or up to ten
6.16 	times the amount that should have been reported, respectively.
6.17 	(c) The board may order a candidate to return to the board
6.18 	any public subsidy the candidate has received.  The board must
6.19 	deposit the amount returned in the state treasury and credit it
6.20 	to the general fund.
6.21 	(d) After making a public finding that it has probable
6.22 	cause to believe a candidate has violated this subdivision, the
6.23 	board must bring an action, or transmit the finding to a county
6.24 	attorney who must bring an action, in the district court of
6.25 	Ramsey county or, in the case of a legislative candidate, the
6.26 	district court of a county within the legislative district, to
6.27 	collect a civil penalty imposed by the board, to demand the
6.28 	return of any public subsidy paid to the candidate, or to have
6.29 	the nomination or office declared forfeited.  If a candidate is
6.30 	judged to have violated this subdivision, the court, after
6.31 	entering the judgment, may enter a supplemental judgment
6.32 	declaring that the candidate has forfeited the nomination or
6.33 	office, except as provided in paragraph (e).  If the court
6.34 	enters the supplemental judgment, it must transmit to the filing
6.35 	officer a transcript of the supplemental judgment, the
6.36 	nomination or office becomes vacant, and the vacancy must be
7.1 	filled as provided by law.
7.2 	(e) If the candidate has been elected to the legislature,
7.3 	the court, after entering the judgment that the candidate has
7.4 	violated this subdivision, must transmit a transcript of the
7.5 	judgment to the secretary of the senate or the chief clerk of
7.6 	the house of representatives, as appropriate, for further
7.7 	consideration by the house to which the candidate was elected.

7.8 	Sec. 11. Minnesota Statutes 2004, section 10A.071,
7.9 	subdivision 3, is amended to read:
7.10 		Subd. 3.Exceptions.  (a) The prohibitions in this
7.11 	section do not apply if the gift is:
7.12 	(1) a contribution as defined in section 10A.01,
7.13 	subdivision 11 10B.01, subdivision 10;
7.14 	(2) services to assist an official in the performance of
7.15 	official duties, including but not limited to providing advice,
7.16 	consultation, information, and communication in connection with
7.17 	legislation, and services to constituents;
7.18 	(3) services of insignificant monetary value;
7.19 	(4) a plaque or similar memento recognizing individual
7.20 	services in a field of specialty or to a charitable cause;
7.21 	(5) a trinket or memento of insignificant value;
7.22 	(6) informational material of unexceptional value; or
7.23 	(7) food or a beverage given at a reception, meal, or
7.24 	meeting away from the recipient's place of work by an
7.25 	organization before whom the recipient appears to make a speech
7.26 	or answer questions as part of a program.
7.27 	(b) The prohibitions in this section do not apply if the
7.28 	gift is given:
7.29 	(1) because of the recipient's membership in a group, a
7.30 	majority of whose members are not officials, and an equivalent
7.31 	gift is given to the other members of the group; or
7.32 	(2) by a lobbyist or principal who is a member of the
7.33 	family of the recipient, unless the gift is given on behalf of
7.34 	someone who is not a member of that family.

7.35 	Sec. 12. Minnesota Statutes 2004, section 10A.34, is
7.36 	amended to read:
8.1 	10A.34 REMEDIES.
8.2 		Subdivision 1.Personal liability. A person charged with
8.3 	a duty under this chapter or chapter 10B is personally liable
8.4 	for the penalty for failing to discharge it.
8.5 		Subd. 1a.Recovering fees and penalties. The board may
8.6 	bring an action in the district court in Ramsey County to
8.7 	recover a fee, late filing fee, or penalty imposed under this
8.8 	chapter or chapter 10B.  Money recovered must be deposited in
8.9 	the general fund of the state.
8.10 		Subd. 2.Injunction. The board or a county attorney may
8.11 	seek an injunction in the district court to enforce this chapter
8.12 	or chapter 10B.
8.13 		Subd. 3.Not a crime. Unless otherwise provided, a
8.14 	violation of this chapter or chapter 10B is not a crime.
8.15 		Subd. 4.Civil penalties. Unless otherwise provided, a
8.16 	civil penalty imposed by the board under this chapter or chapter
8.17 	10B may not exceed $1,000.  The penalty may be collected by the
8.18 	board in a civil action brought in the district court in Ramsey
8.19 	county or in the county where the defendant resides.

8.20 	Sec. 13. Minnesota Statutes 2004, section 10A.37, is
8.21 	amended to read:
8.22 	10A.37 FREEDOM TO ASSOCIATE AND COMMUNICATE.
8.23 	Nothing in this chapter or chapter 10B may be construed to
8.24 	abridge the right of an association to communicate with its
8.25 	members.

8.26 	Sec. 14. [10B.01] DEFINITIONS.
8.27 		Subdivision 1.Application. The definitions in this
8.28 	section apply to this chapter and chapter 10A.
8.29 		Subd. 2.Advance of credit. "Advance of credit" means
8.30 	any money owed for goods provided or services rendered.
8.31 	"Advance of credit" does not mean a loan as defined in
8.32 	subdivision 17.
8.33 		Subd. 3.Approved expenditure. "Approved expenditure"
8.34 	means an expenditure made on behalf of a candidate by an entity
8.35 	other than the principal campaign committee of the candidate if
8.36 	the expenditure is made with the authorization or expressed or
9.1 	implied consent of, or in cooperation or in concert with, or at
9.2 	the request or suggestion of the candidate, the candidate's
9.3 	principal campaign committee, or the candidate's agent.  An
9.4 	approved expenditure is a contribution to that candidate.
9.5 		Subd. 4.Association. "Association" means a group of two
9.6 	or more persons, who are not all members of an immediate family,
9.7 	acting in concert.
9.8 		Subd. 5.Ballot question. "Ballot question" means a
9.9 	question or proposition that is placed on the ballot and that
9.10 	may be voted on by all voters of the state.  "Promoting or
9.11 	defeating a ballot question" includes activities related to
9.12 	qualifying the question for placement on the ballot.
9.13 		Subd. 6.Board. "Board" means the state campaign finance
9.14 	and public disclosure board.
9.15 		Subd. 7.Campaign expenditure or expenditure. (a)
9.16 	"Campaign expenditure" or "expenditure" means a purchase or
9.17 	payment of money or anything of value, or an advance of credit,
9.18 	made or incurred for the purpose of influencing the nomination
9.19 	or election of a candidate or for the purpose of promoting or
9.20 	defeating a ballot question.
9.21 	(b) "Expenditure" includes a cost incurred to design,
9.22 	produce, or disseminate a communication if the communication
9.23 	contains words such as "vote for," "reelect," "(name of
9.24 	candidate) for (office)," "vote against," "defeat," or another
9.25 	phrase or campaign slogan that in context can have no reasonable
9.26 	meaning other than to advocate support for or opposition to the
9.27 	nomination or election of one or more clearly identified
9.28 	candidates.
9.29 	(c) "Expenditure" is presumed to include a cost incurred to
9.30 	design, produce, or disseminate a communication if the
9.31 	communication names or depicts one or more clearly identified
9.32 	candidates; is disseminated during the 45 days before a primary
9.33 	election, during the 60 days before a general election, or
9.34 	during a special election cycle until election day; and the cost
9.35 	exceeds the following amounts for a communication naming or
9.36 	depicting a candidate for the following offices:
10.1 	(1) $500 for a candidate for governor, lieutenant governor,
10.2 	attorney general, secretary of state, or state auditor; or 
10.3 	(2) $100 for a candidate for state senator or
10.4 	representative.
10.5 	An individual or association presumed under this paragraph
10.6 	to have made an expenditure may rebut the presumption by an
10.7 	affidavit signed by the spender and filed with the board stating
10.8 	that the cost was not incurred with intent to influence the
10.9 	nomination, election, or defeat of any candidate, supported by
10.10 	any additional evidence the spender chooses to submit.  The
10.11 	board may consider any additional evidence it deems relevant and
10.12 	material and must determine by a preponderance of the evidence
10.13 	whether the cost was incurred with intent to influence the
10.14 	nomination, election, or defeat of a candidate.
10.15 	(d) An expenditure is considered to be made in the year in
10.16 	which the candidate made the purchase of goods or services or
10.17 	incurred an obligation to pay for goods or services.
10.18 	(e) An expenditure made for the purpose of defeating a
10.19 	candidate is considered made for the purpose of influencing the
10.20 	nomination or election of that candidate or any opponent of that
10.21 	candidate.
10.22 	(f) Except as provided in clause (1), "expenditure"
10.23 	includes the dollar value of a donation in kind.
10.24 	"Expenditure" does not include:
10.25 	(1) noncampaign disbursements as defined in subdivision 20;
10.26 	(2) services provided without compensation by an individual
10.27 	volunteering personal time on behalf of a candidate, ballot
10.28 	question, political committee, political fund, principal
10.29 	campaign committee, or party unit;
10.30 	(3) the publishing or broadcasting of news items or
10.31 	editorial comments by the news media, if the news medium is not
10.32 	owned by or affiliated with any candidate or principal campaign
10.33 	committee; or 
10.34 	(4) a cost incurred for a communication by a membership
10.35 	organization, including a labor organization, to its members, or
10.36 	a cost incurred for a communication by a corporation to its
11.1 	executive or administrative personnel.
11.2 	(g) For purposes of paragraph (f), clause (4), "labor
11.3 	organization" means an organization of any kind, or any agency
11.4 	or employee representative committee or plan, in which employees
11.5 	participate and which exists for the purpose, in whole or in
11.6 	part, of dealing with employers concerning grievances, labor
11.7 	disputes, wages, rates of pay, hours of employment, or
11.8 	conditions of work.  A local, national, or international union,
11.9 	or a local or state central body of a federation of unions, is
11.10 	each considered a separate labor organization for purposes of
11.11 	paragraph (f), clause (4).
11.12 	(h) For purposes of paragraph (f), clause (4), "executive
11.13 	or administrative personnel" means individuals employed by a
11.14 	corporation who are paid on a salary rather than an hourly basis
11.15 	and who have policymaking, managerial, professional, or
11.16 	supervisory responsibilities.
11.17 	This definition includes individuals who run the
11.18 	corporation's business, such as officers, other executives, and
11.19 	plant, division, and section managers; and individuals following
11.20 	the recognized professions, such as lawyers and engineers.
11.21 	This definition does not include:
11.22 	(1) professionals who are represented by a labor
11.23 	organization;
11.24 	(2) salaried foremen and other salaried lower-level
11.25 	supervisors having direct supervision over hourly employees;
11.26 	(3) former or retired personnel; or 
11.27 	(4) individuals who may be paid by the corporation, such as
11.28 	consultants, but who are not employees of the corporation for
11.29 	the purpose of the collection of, and liability for, employee
11.30 	taxes.
11.31 	Individuals on commission may be considered executive or
11.32 	administrative personnel if they have policymaking, managerial,
11.33 	professional, or supervisory responsibility and if the
11.34 	individuals are employees of the corporation for the purpose of
11.35 	the collection of, and liability for, employee taxes.
11.36 	The Fair Labor Standards Act, United States Code, title 29,
12.1 	chapter 8, and the regulations issued under the act may serve as
12.2 	a guideline in determining whether individuals have
12.3 	policymaking, managerial, professional, or supervisory
12.4 	responsibilities.
12.5 	(i) For purposes of paragraph (f), clause (4), "membership
12.6 	organization" means an unincorporated association, trade
12.7 	association, cooperative, corporation without capital stock, or
12.8 	a local, national, or international labor organization that:
12.9 	(1) is composed of members, some or all of whom are vested
12.10 	with the power and authority to operate or administer the
12.11 	organization, under the organization's articles, bylaws,
12.12 	constitution, or other formal organizational documents;
12.13 	(2) expressly states the qualifications and requirements
12.14 	for membership in its articles, bylaws, constitution, or other
12.15 	formal organizational documents;
12.16 	(3) makes its articles, bylaws, constitution, or other
12.17 	formal organizational documents available to its members;
12.18 	(4) expressly solicits persons to become members;
12.19 	(5) expressly acknowledges the acceptance of membership,
12.20 	such as by sending a membership card or including the member's
12.21 	name on a membership newsletter list; and 
12.22 	(6) is not organized primarily for the purpose of
12.23 	influencing the nomination for election, or election, of any
12.24 	individual for elected office.
12.25 	(j) For purposes of paragraph (f), clause (4), the term
12.26 	"members" includes all persons who are currently satisfying the
12.27 	requirements for membership in a membership organization,
12.28 	affirmatively accept the membership organization's invitation to
12.29 	become a member, and either:
12.30 	(1) have some significant financial attachment to the
12.31 	membership organization, such as a significant investment or
12.32 	ownership stake;
12.33 	(2) pay membership dues at least annually of a specific
12.34 	amount predetermined by the organization; or 
12.35 	(3) have a significant organizational attachment to the
12.36 	membership organization that includes affirmation of membership
13.1 	on at least an annual basis and direct participatory rights in
13.2 	the governance of the organization.  For example, the rights
13.3 	could include the right to vote directly or indirectly for at
13.4 	least one individual on the membership organization's highest
13.5 	governing board; the right to vote on policy questions where the
13.6 	highest governing body of the membership organization is
13.7 	obligated to abide by the results; the right to approve the
13.8 	organization's annual budget; or the right to participate
13.9 	directly in similar aspects of the organization's governance.
13.10 	The board may determine, on a case-by-case basis, that
13.11 	persons who do not precisely meet the definition of member but
13.12 	have a relatively enduring and independently significant
13.13 	financial or organizational attachment to the organization may
13.14 	be considered members.  For example, student members who pay a
13.15 	lower amount of dues while in school, long-term dues-paying
13.16 	members who qualify for lifetime membership status with little
13.17 	or no dues obligation, and retired members may be considered
13.18 	members of the organization.
13.19 	Members of a local union are considered to be members of
13.20 	any national or international union of which the local union is
13.21 	a part and of any federation with which the local, national, or
13.22 	international union is affiliated.
13.23 	In the case of a membership organization that has a
13.24 	national federation structure or has several levels, including,
13.25 	for example, national, state, regional, or local affiliates, a
13.26 	person who qualifies as a member of any entity within the
13.27 	federation or of any affiliate also qualifies as a member of all
13.28 	affiliates.
13.29 	(k) The status of a membership organization, and of
13.30 	members, for purposes of paragraph (f), clause (4), must be
13.31 	determined under paragraphs (i) and (j) and not by provisions of
13.32 	state law governing unincorporated associations, trade
13.33 	associations, cooperatives, corporations without capital stock,
13.34 	or labor organizations.
13.35 		Subd. 8.Candidate. "Candidate" means an individual who
13.36 	seeks nomination or election as a state constitutional officer,
14.1 	legislator, or judge.  An individual is deemed to seek
14.2 	nomination or election if the individual has taken the action
14.3 	necessary under the law of this state to qualify for nomination
14.4 	or election, has received contributions or made expenditures in
14.5 	excess of $100, or has given implicit or explicit consent for
14.6 	any other person to receive contributions or make expenditures
14.7 	in excess of $100, for the purpose of bringing about the
14.8 	individual's nomination or election.  A candidate remains a
14.9 	candidate until the candidate's principal campaign committee is
14.10 	dissolved under section 10B.27.
14.11 		Subd. 9.Conduit fund. "Conduit fund" means money, a
14.12 	negotiable instrument, or a donation in kind collected by an
14.13 	association from its employees and contributed to a candidate or
14.14 	political committee only as directed by the employee from whom
14.15 	the money was collected.
14.16 		Subd. 10.Contribution. (a) "Contribution" means money,
14.17 	a negotiable instrument, or a donation in kind that is given to
14.18 	a political committee, political fund, conduit fund, principal
14.19 	campaign committee, or party unit.
14.20 	(b) "Contribution" includes a loan or advance of credit to
14.21 	a political committee, political fund, principal campaign
14.22 	committee, or party unit, if the loan or advance of credit is:
14.23 	(1) forgiven; or (2) repaid by an individual or an association
14.24 	other than the political committee, political fund, principal
14.25 	campaign committee, or party unit to which the loan or advance
14.26 	of credit was made.  If an advance of credit or a loan is
14.27 	forgiven or repaid as provided in this paragraph, it is a
14.28 	contribution in the year in which the loan or advance of credit
14.29 	was made.
14.30 	(c) "Contribution" does not include services provided
14.31 	without compensation by an individual volunteering personal time
14.32 	on behalf of a candidate, ballot question, political committee,
14.33 	political fund, principal campaign committee, or party unit, or
14.34 	the publishing or broadcasting of news items or editorial
14.35 	comments by the news media.
14.36 		Subd. 11.Depository. "Depository" means a bank, savings
15.1 	association, or credit union organized under federal or state
15.2 	law and transacting business within this state.
15.3 		Subd. 12.Donation in kind. "Donation in kind" means
15.4 	anything of value that is given, other than money or negotiable
15.5 	instruments.  An approved expenditure is a donation in kind.
15.6 		Subd. 13.Election. "Election" means a primary, special
15.7 	primary, general, or special election.
15.8 		Subd. 14.Election cycle. "Election cycle" means the
15.9 	period from January 1 following a general election for an office
15.10 	to December 31 following the next general election for that
15.11 	office, except that "election cycle" for a special election
15.12 	means the period from the date the special election writ is
15.13 	issued to 60 days after the special election is held.
15.14 		Subd. 15.Financial institution. "Financial institution"
15.15 	means a lending institution chartered by an agency of the
15.16 	federal government or regulated by the commissioner of commerce.
15.17 		Subd. 16.Independent expenditure. (a) "Independent
15.18 	expenditure" means an expenditure that is made without the
15.19 	express or implied consent, authorization, or cooperation of,
15.20 	and not in concert with or at the request or suggestion of, any
15.21 	candidate or any candidate's principal campaign committee or
15.22 	agent.  An independent expenditure is not a contribution to a
15.23 	candidate.
15.24 	(b) An expenditure is presumed to be not independent if,
15.25 	for example:
15.26 	(1) in the same election cycle in which the expenditure
15.27 	occurs, the spender or the spender's agent retains the
15.28 	professional services of an individual or entity that, in a
15.29 	nonministerial capacity, provides or has provided
15.30 	campaign-related service, including polling or other campaign
15.31 	research, media consulting or production, direct mail, or
15.32 	fund-raising, to a candidate supported by the spender for
15.33 	nomination or election to the same office as any candidate whose
15.34 	nomination or election the expenditure is intended to influence
15.35 	or to a political party working in coordination with the
15.36 	supported candidate;
16.1 	(2) the expenditure pays for a communication that
16.2 	disseminates, in whole or in substantial part, a broadcast or
16.3 	written, graphic, or other form of campaign material designed,
16.4 	produced, or distributed by the candidate or the candidate's
16.5 	principal campaign committee or their agents;
16.6 	(3) the expenditure is based on information about the
16.7 	candidate's electoral campaign plans, projects, or needs that is
16.8 	provided by the candidate or the candidate's principal campaign
16.9 	committee or their agents directly or indirectly to the spender
16.10 	or the spender's agent, with an express or tacit understanding
16.11 	that the spender is considering making the expenditure;
16.12 	(4) before the election, the spender or the spender's agent
16.13 	informs a candidate or the principal campaign committee or agent
16.14 	of a candidate for the same office as a candidate clearly
16.15 	identified in a communication paid for by the expenditure about
16.16 	the communication's contents; timing, location, mode, or
16.17 	frequency of dissemination; or intended audience; or 
16.18 	(5) in the same election cycle in which the expenditure
16.19 	occurs, the spender or the spender's agent is serving or has
16.20 	served in an executive, policymaking, fund-raising, or advisory
16.21 	position with the candidate's campaign or has participated in
16.22 	strategic or policymaking discussions with the candidate's
16.23 	campaign relating to the candidate's pursuit of nomination or
16.24 	election to office and the candidate is pursuing the same office
16.25 	as a candidate whose nomination or election the expenditure is
16.26 	intended to influence.
16.27 	An individual or association presumed under this paragraph
16.28 	to have made an expenditure that was not independent may rebut
16.29 	the presumption by an affidavit signed by the spender and filed
16.30 	with the board stating that the expenditure was made without the
16.31 	express or implied consent, authorization, or cooperation of,
16.32 	and not in concert with or at the request or suggestion of, any
16.33 	candidate or any candidate's principal campaign committee or
16.34 	agent, supported by any additional evidence the spender chooses
16.35 	to submit.  The board may consider any additional evidence it
16.36 	deems relevant and material and must determine by a
17.1 	preponderance of the evidence whether the expenditure was
17.2 	independent.
17.3 	(c) An expenditure by anyone other than a principal
17.4 	campaign committee that does not qualify as an independent
17.5 	expenditure under this subdivision is deemed to be an approved
17.6 	expenditure under subdivision 3.
17.7 		Subd. 17.Loan. "Loan" means an advance of money or
17.8 	anything of value made to a political committee, political fund,
17.9 	principal campaign committee, or party unit.
17.10 		Subd. 18.Major political party. "Major political party"
17.11 	means a major political party as defined in section 200.02,
17.12 	subdivision 7.
17.13 		Subd. 19.Minor political party. "Minor political party"
17.14 	means a minor political party as defined in section 200.02,
17.15 	subdivision 23.
17.16 		Subd. 20.Noncampaign disbursement. "Noncampaign
17.17 	disbursement" means a purchase or payment of money or anything
17.18 	of value made, or an advance of credit incurred, or a donation
17.19 	in kind received, by a principal campaign committee for any of
17.20 	the following purposes:
17.21 	(1) payment for accounting and legal services;
17.22 	(2) return of a contribution to the source;
17.23 	(3) repayment of a loan made to the principal campaign
17.24 	committee by that committee;
17.25 	(4) return of a public subsidy;
17.26 	(5) payment for food, beverages, entertainment, and
17.27 	facility rental for a fund-raising event;
17.28 	(6) services for a constituent by a member of the
17.29 	legislature or a constitutional officer in the executive branch,
17.30 	performed from the beginning of the term of office to
17.31 	adjournment sine die of the legislature in the election year for
17.32 	the office held, and one-half the cost of services for a
17.33 	constituent by a member of the legislature or a constitutional
17.34 	officer in the executive branch performed from adjournment sine
17.35 	die to 60 days after adjournment sine die;
17.36 	(7) payment for food and beverages provided to campaign
18.1 	volunteers while they are engaged in campaign activities;
18.2 	(8) payment of expenses incurred by elected or appointed
18.3 	leaders of a legislative caucus in carrying out their leadership
18.4 	responsibilities;
18.5 	(9) payment by a principal campaign committee of the
18.6 	candidate's expenses for serving in public office, other than
18.7 	for personal uses;
18.8 	(10) costs of child care for the candidate's children when
18.9 	campaigning;
18.10 	(11) fees paid to attend a campaign school;
18.11 	(12) costs of a postelection party during the election year
18.12 	when a candidate's name will no longer appear on a ballot or the
18.13 	general election is concluded, whichever occurs first;
18.14 	(13) interest on loans paid by a principal campaign
18.15 	committee on outstanding loans;
18.16 	(14) filing fees;
18.17 	(15) notes or advertisements in the news media expressing
18.18 	gratitude after the general election;
18.19 	(16) the cost of campaign material purchased to replace
18.20 	defective campaign material, if the defective material is
18.21 	destroyed without being used;
18.22 	(17) contributions to a party unit; and 
18.23 	(18) other purchases or payments specified in board rules
18.24 	or advisory opinions as being for any purpose other than to
18.25 	influence the nomination or election of a candidate or to
18.26 	promote or defeat a ballot question.
18.27 	The board must determine whether an activity involves a
18.28 	noncampaign disbursement within the meaning of this subdivision.
18.29 	A noncampaign disbursement is considered to be made in the
18.30 	year in which the candidate made the purchase of goods or
18.31 	services or incurred an obligation to pay for goods or services.
18.32 		Subd. 21.Political committee. "Political committee"
18.33 	means an association a major purpose of which is to influence
18.34 	the nomination or election of a candidate or to promote or
18.35 	defeat a ballot question, other than a principal campaign
18.36 	committee or a political party unit.
19.1 		Subd. 22.Political fund. "Political fund" means an
19.2 	accumulation of dues or voluntary contributions by an
19.3 	association other than a political committee, principal campaign
19.4 	committee, or party unit, if the accumulation is collected or
19.5 	expended to influence the nomination or election of a candidate
19.6 	or to promote or defeat a ballot question.
19.7 		Subd. 23.Political party. "Political party" means a
19.8 	major political party or a minor political party.  A political
19.9 	party is the aggregate of all its political party units in this
19.10 	state.
19.11 		Subd. 24.Political party unit or party unit. "Political
19.12 	party unit" or "party unit" means the state committee or the
19.13 	party organization within a house of the legislature,
19.14 	congressional district, county, legislative district,
19.15 	municipality, or precinct.
19.16 		Subd. 25.Population. "Population" means the population
19.17 	established by the most recent federal census, by a special
19.18 	census taken by the United States Bureau of the Census, by an
19.19 	estimate made by the Metropolitan Council, or by an estimate
19.20 	made by the state demographer under section 4A.02, whichever has
19.21 	the latest stated date of count or estimate.
19.22 		Subd. 26.Principal campaign committee. "Principal
19.23 	campaign committee" means a principal campaign committee formed
19.24 	under section 10B.02.
19.25 		Subd. 27.State committee. "State committee" means the
19.26 	organization that, by virtue of the bylaws of a political party,
19.27 	is responsible for the day-to-day operation of the political
19.28 	party at the state level.

19.29 	Sec. 15. [10B.02] PRINCIPAL CAMPAIGN COMMITTEE.
19.30 		Subdivision 1.Single committee. A candidate must not
19.31 	accept contributions from a source, other than self, in
19.32 	aggregate in excess of $100 or accept a public subsidy unless
19.33 	the candidate designates and causes to be formed a single
19.34 	principal campaign committee for each office sought.  A
19.35 	candidate may not authorize, designate, or cause to be formed
19.36 	any other political committee bearing the candidate's name or
20.1 	title or otherwise operating under the direct or indirect
20.2 	control of the candidate.  However, a candidate may be involved
20.3 	in the direct or indirect control of a party unit.
20.4 		Subd. 2.Replacement of officers. A candidate may at any
20.5 	time without cause remove and replace the chair, treasurer,
20.6 	deputy treasurer, or any other officer of the candidate's
20.7 	principal campaign committee.

20.8 	Sec. 16. [10B.03] ORGANIZATION OF COMMITTEES AND PARTY
20.9 	UNITS.
20.10 		Subdivision 1.Chair and treasurer. A political
20.11 	committee, principal campaign committee, or party unit must have
20.12 	a chair and a treasurer.  The chair and treasurer may be the
20.13 	same individual.
20.14 		Subd. 2.Treasurer vacancy. A political committee,
20.15 	principal campaign committee, or party unit may not accept a
20.16 	contribution or make an expenditure or permit an expenditure to
20.17 	be made on its behalf while the office of treasurer is vacant.
20.18 		Subd. 3.Deputy treasurers. The treasurer of a political
20.19 	committee, principal campaign committee, or party unit may
20.20 	appoint as many deputy treasurers as necessary and is
20.21 	responsible for their accounts.
20.22 		Subd. 4.Depositories. The treasurer of a political
20.23 	committee, principal campaign committee, or party unit may
20.24 	designate one or two depositories in each county in which a
20.25 	campaign is conducted.
20.26 		Subd. 5.Commingling prohibited. A political committee,
20.27 	principal campaign committee, or party unit may not commingle
20.28 	its funds with personal funds of officers, members, or
20.29 	associates of the committee.
20.30 		Subd. 6.Penalty. A person who knowingly violates this
20.31 	section is subject to a civil penalty imposed by the board of up
20.32 	to $3,000.

20.33 	Sec. 17. [10B.04] POLITICAL FUNDS.
20.34 		Subdivision 1.When required. An association other than
20.35 	a political committee or party unit may not contribute more than
20.36 	$100 in aggregate in any one year to candidates, political
21.1 	committees, or party units or make any approved or independent
21.2 	expenditure or expenditure to promote or defeat a ballot
21.3 	question unless the contribution or expenditure is made from a
21.4 	political fund.
21.5 		Subd. 2.Commingling prohibited. The contents of a
21.6 	political fund may not be commingled with other funds or with
21.7 	the personal funds of an officer or member of the fund.
21.8 		Subd. 3.Treasurer. An association that has a political
21.9 	fund must elect or appoint a treasurer of the political fund.
21.10 		Subd. 4.Treasurer vacancy. A political fund may not
21.11 	accept a contribution or make an expenditure or contribution
21.12 	from the political fund while the office of treasurer of the
21.13 	political fund is vacant.
21.14 		Subd. 5.Dues or membership fees. An association may, if
21.15 	not prohibited by other law, deposit in its political fund money
21.16 	derived from dues or membership fees.  Under section 10B.12, the
21.17 	treasurer of the fund must disclose the name of any member whose
21.18 	dues, membership fees, and contributions deposited in the
21.19 	political fund together exceed $100 in a year.
21.20 		Subd. 6.Penalty. A person who knowingly violates this
21.21 	section is subject to a civil penalty imposed by the board of up
21.22 	to $3,000.

21.23 	Sec. 18. [10B.05] CONDUIT FUNDS.
21.24 		Subdivision 1.Commingling prohibited. The contents of a
21.25 	conduit fund may not be commingled with other funds or with the
21.26 	personal funds of an officer or member of the fund.
21.27 		Subd. 2.Treasurer. An association that has a conduit
21.28 	fund must elect or appoint a treasurer of the fund.
21.29 		Subd. 3.Treasurer vacancy. A conduit fund may not
21.30 	accept a contribution or make an expenditure or contribution
21.31 	from the fund while the office of treasurer of the fund is
21.32 	vacant.
21.33 		Subd. 4.Penalty. A person who knowingly violates this
21.34 	section is subject to a civil penalty imposed by the board of up
21.35 	to $3,000.

21.36 	Sec. 19. [10B.06] ACCOUNTS THAT MUST BE KEPT.
22.1 		Subdivision 1.Accounts; penalty. The treasurer of a
22.2 	political committee, political fund, conduit fund, principal
22.3 	campaign committee, or party unit must keep an account of:
22.4 	(1) the sum of all contributions, except any donation in
22.5 	kind valued at $20 or less, made to the committee, fund, or
22.6 	party unit;
22.7 	(2) the name and address of each source of a contribution
22.8 	made to the committee, fund, or party unit in excess of $20,
22.9 	together with the date and amount of each;
22.10 	(3) each expenditure made by the committee, fund, or party
22.11 	unit, together with the date and amount;
22.12 	(4) each approved expenditure made on behalf of the
22.13 	committee, fund, or party unit, together with the date and
22.14 	amount; and 
22.15 	(5) the name and address of each political committee,
22.16 	political fund, principal campaign committee, or party unit to
22.17 	which contributions in excess of $20 have been made, together
22.18 	with the date and amount.
22.19 	A person who knowingly violates this subdivision is subject
22.20 	to a civil penalty imposed by the board of up to $3,000.
22.21 		Subd. 2.Receipts. The treasurer must obtain a receipted
22.22 	bill, stating the particulars, for every expenditure over $100
22.23 	made by, or approved expenditure over $100 made on behalf of,
22.24 	the committee, fund, or party unit, and for any expenditure or
22.25 	approved expenditure in a lesser amount if the aggregate amount
22.26 	of lesser expenditures and approved expenditures made to the
22.27 	same individual or association during the same year exceeds $100.

22.28 	Sec. 20. [10B.07] REGISTRATION.
22.29 		Subdivision 1.First registration. The treasurer of a
22.30 	political committee, political fund, conduit fund, principal
22.31 	campaign committee, or party unit must register with the board
22.32 	by filing a statement of organization no later than 14 days
22.33 	after the committee, fund, or party unit has received
22.34 	contributions or made contributions or expenditures in excess of
22.35 	$100.
22.36 		Subd. 2.Form. The statement of organization must
23.1 	include:
23.2 	(1) the name and address of the committee, fund, or party
23.3 	unit;
23.4 	(2) the name and address of the chair of a political
23.5 	committee, principal campaign committee, or party unit;
23.6 	(3) the name and address of any supporting association of a
23.7 	political fund or conduit fund;
23.8 	(4) the name and address of the treasurer and any deputy
23.9 	treasurers and, for a principal campaign committee, any other
23.10 	individual authorized to accept contributions on behalf of the
23.11 	principal campaign committee;
23.12 	(5) a listing of all depositories or safe deposit boxes
23.13 	used; and 
23.14 	(6) for the state committee of a political party only, a
23.15 	list of its party units.
23.16 		Subd. 3.Failure to file; penalty. The board must send a
23.17 	notice by certified mail to any individual who fails to file a
23.18 	statement required by this section.  If the individual fails to
23.19 	file a statement within ten business days after the notice was
23.20 	sent, the board may impose a late filing fee of $5 per day, not
23.21 	to exceed $100, commencing with the 11th day after the notice
23.22 	was sent.
23.23 	The board must send an additional notice by certified mail
23.24 	to any individual who fails to file a statement within 14 days
23.25 	after the first notice was sent by the board that the individual
23.26 	may be subject to a civil penalty for failure to file the
23.27 	report.  An individual who fails to file the statement within
23.28 	seven days after the second notice was sent by the board is
23.29 	subject to a civil penalty imposed by the board of up to $3,000.

23.30 	Sec. 21. [10B.08] CONTRIBUTIONS.
23.31 		Subdivision 1.Anonymous contributions. A political
23.32 	committee, political fund, conduit fund, principal campaign
23.33 	committee, or party unit may not retain an anonymous
23.34 	contribution in excess of $20, but must forward it to the board
23.35 	for deposit in the general fund.
23.36 		Subd. 2.Source; amount; date. An individual who
24.1 	receives a contribution in excess of $20 for a political
24.2 	committee, political fund, conduit fund, principal campaign
24.3 	committee, or party unit must, on demand of the treasurer,
24.4 	inform the treasurer of the name and, if known, the address of
24.5 	the source of the contribution, the amount of the contribution,
24.6 	and the date it was received.
24.7 		Subd. 3.Deposit. All contributions received by or on
24.8 	behalf of a candidate, principal campaign committee, political
24.9 	committee, political fund, conduit fund, or party unit must be
24.10 	deposited in an account designated "Campaign Fund of .......
24.11 	(name of candidate, committee, fund, or party unit)."  All
24.12 	contributions must be deposited promptly upon receipt and,
24.13 	except for contributions received during the last three days of
24.14 	a reporting period as described in section 10B.12, must be
24.15 	deposited during the reporting period in which they were
24.16 	received.  A contribution received during the last three days of
24.17 	a reporting period must be deposited within 72 hours after
24.18 	receipt and must be reported as received during the reporting
24.19 	period whether or not it was deposited within that period.  A
24.20 	candidate, principal campaign committee, political committee,
24.21 	political fund, conduit fund, or party unit may refuse to accept
24.22 	a contribution.  A deposited contribution may be returned to the
24.23 	contributor within 60 days after deposit.  A contribution
24.24 	deposited and not returned within 60 days after that deposit
24.25 	must be reported as accepted.
24.26 		Subd. 4.Excess. A treasurer of a principal campaign
24.27 	committee of a candidate may not deposit a contribution that on
24.28 	its face exceeds the limit on contributions to the candidate
24.29 	prescribed by section 10B.13 unless, at the time of deposit, the
24.30 	treasurer issues a check to the source for the amount of the
24.31 	excess.
24.32 		Subd. 5.Attributable contributions. Contributions made
24.33 	to a candidate or principal campaign committee that are directed
24.34 	to the candidate or principal campaign committee by a political
24.35 	fund, committee, or party unit must be reported as attributable
24.36 	to the political fund, committee, or party unit and count toward
25.1 	the contribution limits of that fund, committee, or political
25.2 	party specified in section 10B.13, if the fund, committee, or
25.3 	party was organized or is operated primarily to direct
25.4 	contributions other than from its own money to one or more
25.5 	candidates or principal campaign committees.  The treasurer of
25.6 	the political fund, committee, or party unit must advise the
25.7 	candidate or the candidate's principal campaign committee if the
25.8 	contribution or contributions are not from the money of the
25.9 	fund, committee, or party unit and the original source of the
25.10 	money.  As used in this subdivision, "direct" includes, but is
25.11 	not limited to, order, command, control, or instruct.  A
25.12 	violation of this subdivision is a violation of section 10B.15.
25.13 		Subd. 6.Related committees. An individual, association,
25.14 	political committee, political fund, or party unit may
25.15 	establish, finance, maintain, or control a political committee,
25.16 	political fund, or party unit.  One who does this is a
25.17 	"parent."  The political committee, fund, or party unit so
25.18 	established, financed, maintained, or controlled is a
25.19 	"subsidiary."  If the parent is an association, the association
25.20 	must create a political committee or political fund to serve as
25.21 	the parent for reporting purposes.  A subsidiary must report its
25.22 	contribution to a candidate or principal campaign committee as
25.23 	attributable to its parent, and the contribution is counted
25.24 	toward the contribution limits in section 10B.13 of the parent
25.25 	as well as of the subsidiary.
25.26 		Subd. 7.Penalty. A person who knowingly violates this
25.27 	section is subject to a civil penalty imposed by the board of up
25.28 	to $3,000.
25.29 		Subd. 8.Registration number on checks. A contribution
25.30 	made to a candidate by a lobbyist, political committee,
25.31 	political fund, conduit fund, or party unit must show the name
25.32 	of the lobbyist, political committee, political fund, conduit
25.33 	fund, or party unit and the number under which it is registered
25.34 	with the board.

25.35 	Sec. 22. [10B.09] EARMARKING CONTRIBUTIONS PROHIBITED.
25.36 	An individual, political committee, political fund,
26.1 	principal campaign committee, or party unit may not solicit or
26.2 	accept a contribution from any source with the express or
26.3 	implied condition that the contribution or any part of it be
26.4 	directed to a particular candidate other than the initial
26.5 	recipient.  A person who knowingly accepts an earmarked
26.6 	contribution is guilty of a gross misdemeanor and subject to a
26.7 	civil penalty imposed by the board of up to $3,000.

26.8 	Sec. 23. [10B.10] EXPENDITURES.
26.9 		Subdivision 1.Authorization. A political committee,
26.10 	political fund, conduit fund, principal campaign committee, or
26.11 	party unit may not expend money unless the expenditure is
26.12 	authorized by the treasurer or deputy treasurer of that
26.13 	committee, fund, or party unit.
26.14 		Subd. 2.Written authorization. An individual or
26.15 	association may not make an approved expenditure of more than
26.16 	$20 without receiving written authorization from the treasurer
26.17 	of the principal campaign committee of the candidate who
26.18 	approved the expenditure stating the amount that may be spent
26.19 	and the purpose of the expenditure.
26.20 		Subd. 3.Petty cash. The treasurer or deputy treasurer
26.21 	of a political committee, principal campaign committee, or party
26.22 	unit may sign vouchers for petty cash of up to $100 per week for
26.23 	statewide elections or $20 per week for legislative elections,
26.24 	to be used for miscellaneous expenditures.
26.25 		Subd. 4.Personal loans. A principal campaign committee,
26.26 	political committee, political fund, or party unit may not lend
26.27 	money it has raised to anyone for purposes not related to the
26.28 	conduct of a campaign.
26.29 		Subd. 5.Independent expenditures. An individual,
26.30 	political committee, political fund, principal campaign
26.31 	committee, or party unit that independently solicits or accepts
26.32 	contributions or makes independent expenditures on behalf of a
26.33 	candidate must publicly disclose that the expenditure is an
26.34 	independent expenditure.  All written communications with those
26.35 	from whom contributions are independently solicited or accepted
26.36 	or to whom independent expenditures are made on behalf of a
27.1 	candidate must contain a statement in conspicuous type that the
27.2 	activity is an independent expenditure and is not approved by
27.3 	the candidate nor is the candidate responsible for it.  Similar
27.4 	language must be included in all oral communications, in
27.5 	conspicuous type on the front page of all literature and
27.6 	advertisements published or posted, and at the end of all
27.7 	broadcast advertisements made by that individual, political
27.8 	committee, political fund, principal campaign committee, or
27.9 	party unit on the candidate's behalf.
27.10 		Subd. 6.Penalty. A person who knowingly violates
27.11 	subdivision 2 is subject to a civil penalty imposed by the board
27.12 	of up to $3,000.

27.13 	Sec. 24. [10B.11] TIME FOR RENDERING BILLS, CHARGES, OR
27.14 	CLAIMS; PENALTY.
27.15 	A person who has a bill, charge, or claim against a
27.16 	political committee, political fund, principal campaign
27.17 	committee, or party unit for an expenditure must render in
27.18 	writing to the treasurer of the committee, fund, or party unit
27.19 	the bill, charge, or claim within 60 days after the material or
27.20 	service is provided.  A person who knowingly violates this
27.21 	section is subject to a civil penalty imposed by the board of up
27.22 	to $3,000.

27.23 	Sec. 25. [10B.12] CAMPAIGN REPORTS.
27.24 		Subdivision 1.First filing; duration. The treasurer of
27.25 	a political committee, political fund, conduit fund, principal
27.26 	campaign committee, or party unit must begin to file the reports
27.27 	required by this section in the first year it receives
27.28 	contributions or makes contributions or expenditures in excess
27.29 	of $100 and must continue to file until the committee, fund, or
27.30 	party unit is terminated.  If the position of treasurer of a
27.31 	principal campaign committee, political committee, political
27.32 	fund, or party unit is vacant, the candidate, chair of a
27.33 	political committee or party unit, or association officer of a
27.34 	political fund is responsible for filing reports required by
27.35 	this section.
27.36 		Subd. 2.Time for filing. (a) The reports must be filed
28.1 	with the board on or before January 31 of each year and
28.2 	additional reports must be filed as required and in accordance
28.3 	with paragraphs (b) to (d).
28.4 	(b) In each year in which the name of the candidate is on
28.5 	the ballot, the reports of the principal campaign committee must
28.6 	be filed by April 30, July 31, and November 30, and 15 days
28.7 	before a primary and ten days before a general election, seven
28.8 	days before a special primary and a special election, and ten
28.9 	days after a special election cycle.
28.10 	(c) In each general election year, a political committee,
28.11 	political fund, conduit fund, or party unit must file reports by
28.12 	April 30, July 31, and November 30, and 15 days before a primary
28.13 	and ten days before a general election.
28.14 	(d) A political committee, political fund, conduit fund, or
28.15 	party unit that makes contributions or expenditures related to a
28.16 	special election must file reports on the contributions or
28.17 	expenditures seven days before the special primary and special
28.18 	election and ten days after the special election cycle.
28.19 		Subd. 3.Electronic filing; publication. When
28.20 	contributions or expenditures exceed $5,000 in a year, the
28.21 	report must be filed with the board in an electronic format
28.22 	approved by the board.  Regardless of whether the report is
28.23 	filed electronically, the board must publish the report on its
28.24 	Web site within seven days after the date it was due.  The
28.25 	publication must be in a form that permits a user of the Web
28.26 	site to search the reports and prepare comparisons and
28.27 	cross-tabulations among the various candidates, contributors,
28.28 	vendors, and committees.
28.29 		Subd. 4.Contents of report; political committees and
28.30 	political funds. (a) The report by a political committee or
28.31 	political fund must disclose the amount of liquid assets on hand
28.32 	at the beginning of the reporting period.
28.33 	(b) The report must disclose the name, address, and
28.34 	employer, or occupation if self-employed, of each individual or
28.35 	association that has made one or more contributions to the
28.36 	reporting entity, including the purchase of tickets for a
29.1 	fund-raising effort, that in aggregate within the year exceed
29.2 	$50, together with the amount and date of each contribution, and
29.3 	the aggregate amount of contributions within the year from each
29.4 	source so disclosed.  A donation in kind must be disclosed at
29.5 	its fair market value.  An approved expenditure must be listed
29.6 	as a donation in kind.  A donation in kind is considered
29.7 	consumed in the reporting period in which it is received.  The
29.8 	names of contributors must be listed in alphabetical order.
29.9 	Contributions from the same contributor must be listed under the
29.10 	same name.  When a contribution received from a contributor in a
29.11 	reporting period is added to previously reported unitemized
29.12 	contributions from the same contributor and the aggregate
29.13 	exceeds the disclosure threshold of this paragraph, the name,
29.14 	address, and employer, or occupation if self-employed, of the
29.15 	contributor must then be listed on the report.
29.16 	(c) The report must disclose the sum of contributions to
29.17 	the reporting entity and the sum of all contributions received
29.18 	through each conduit fund and through all conduit funds during
29.19 	the reporting period.  The report must include the name and
29.20 	registration number of each conduit fund from which a
29.21 	contribution was received.
29.22 	(d) The report must disclose each loan made or received by
29.23 	the reporting entity within the year in aggregate in excess of
29.24 	$50, continuously reported until repaid or forgiven, together
29.25 	with the name, address, occupation, and principal place of
29.26 	business, if any, of the lender and any endorser, and the date
29.27 	and amount of the loan.  If a loan made to the principal
29.28 	campaign committee of a candidate is forgiven or is repaid by an
29.29 	entity other than that principal campaign committee, it must be
29.30 	reported as a contribution for the year in which the loan was
29.31 	made.
29.32 	(e) The report must disclose each receipt over $50 during
29.33 	the reporting period not otherwise listed under paragraphs (b)
29.34 	to (d).
29.35 	(f) The report must disclose the sum of all receipts of the
29.36 	reporting entity during the reporting period.
30.1 	(g) The report must disclose the name and address of each
30.2 	individual or association to whom aggregate expenditures,
30.3 	including approved expenditures, have been made by or on behalf
30.4 	of the reporting entity within the year in excess of $100,
30.5 	together with the amount, date, and purpose of each expenditure
30.6 	and the name and address of, and office sought by, each
30.7 	candidate on whose behalf the expenditure was made,
30.8 	identification of the ballot question that the expenditure was
30.9 	intended to promote or defeat, and in the case of independent
30.10 	expenditures made in opposition to a candidate, the candidate's
30.11 	name, address, and office sought.  A reporting entity making an
30.12 	expenditure on behalf of more than one candidate for state or
30.13 	legislative office must allocate the expenditure among the
30.14 	candidates on a reasonable cost basis and report the allocation
30.15 	for each candidate.
30.16 	(h) The report must disclose the sum of all expenditures
30.17 	made by or on behalf of the reporting entity during the
30.18 	reporting period.
30.19 	(i) The report must disclose the amount and nature of an
30.20 	advance of credit incurred by the reporting entity, continuously
30.21 	reported until paid or forgiven.  If an advance of credit
30.22 	incurred by the principal campaign committee of a candidate is
30.23 	forgiven by the creditor or paid by an entity other than that
30.24 	principal campaign committee, it must be reported as a donation
30.25 	in kind for the year in which the advance of credit was made.
30.26 	(j) The report must disclose the name and address of each
30.27 	political committee, political fund, principal campaign
30.28 	committee, or party unit to which contributions have been made
30.29 	that aggregate in excess of $100 within the year and the amount
30.30 	and date of each contribution.
30.31 	(k) The report must disclose the sum of all contributions
30.32 	made by the reporting entity during the reporting period.
30.33 	(l) The report must disclose the name and address of each
30.34 	individual or association to whom noncampaign disbursements have
30.35 	been made that aggregate in excess of $100 within the year by or
30.36 	on behalf of the reporting entity and the amount, date, and
31.1 	purpose of each noncampaign disbursement.
31.2 	(m) The report must disclose the sum of all noncampaign
31.3 	disbursements made within the year by or on behalf of the
31.4 	reporting entity.
31.5 	(n) The report must disclose the name and address of a
31.6 	nonprofit corporation that provides administrative assistance to
31.7 	a political committee or political fund as authorized by section
31.8 	211B.15, subdivision 17, the type of administrative assistance
31.9 	provided, and the aggregate fair market value of each type of
31.10 	assistance provided to the political committee or political fund
31.11 	during the reporting period.
31.12 		Subd. 5.Contents of report; conduit funds. A report by
31.13 	a conduit fund under this section must disclose the sum of all
31.14 	contributions received by the fund and the sum of all
31.15 	contributions made to each political committee, political fund,
31.16 	principal campaign committee, or party unit and to all of them
31.17 	together during the reporting period.  The report must include
31.18 	the registration number of each recipient of contributions from
31.19 	the conduit fund.
31.20 		Subd. 6.Period of report. A report must cover the
31.21 	period from the last day covered by the previous report to seven
31.22 	days before the filing date, except that the report due on
31.23 	January 31 must cover the period from the last day covered by
31.24 	the previous report to December 31.
31.25 		Subd. 7.Report of excess contributions. (a) The
31.26 	treasurer of the principal campaign committee of a candidate who
31.27 	has not signed a spending limit agreement under section 10B.20
31.28 	must file with the board within seven days after the committee
31.29 	has received aggregate contributions in excess of the
31.30 	expenditure limit for any participating opponent of the
31.31 	candidate a report disclosing the sum of the excess
31.32 	contributions.  The treasurer must file an additional report
31.33 	each Monday if the committee received additional contributions
31.34 	during the week ending the previous Friday.
31.35 	(b) During the last three weeks before the primary or
31.36 	general election, and during the last two weeks before a special
32.1 	primary or special election, the treasurer must file the report
32.2 	within 48 hours after the aggregate contributions received since
32.3 	the last report exceed the limit for a single contribution to
32.4 	the candidate.
32.5 		Subd. 8.Report when no committee. A candidate who does
32.6 	not designate and cause to be formed a principal campaign
32.7 	committee and an individual who makes independent expenditures
32.8 	or expenditures expressly advocating the approval or defeat of a
32.9 	ballot question in aggregate in excess of $100 in a year must
32.10 	file with the board a report containing the information required
32.11 	by subdivision 4.  Reports required by this subdivision must be
32.12 	filed on the dates on which reports by committees, funds, and
32.13 	party units are filed.
32.14 		Subd. 9.Affidavit of independence. An individual,
32.15 	political committee, political fund, or party unit filing a
32.16 	report or statement disclosing an independent expenditure under
32.17 	subdivision 4, 8, or 10 must file with the report an affidavit
32.18 	naming the candidate whose nomination, election, or defeat the
32.19 	independent expenditure was intended to advocate and stating
32.20 	that the disclosed expenditures were not made with the
32.21 	authorization or expressed or implied consent of, or in
32.22 	cooperation or in concert with, or at the request or suggestion
32.23 	of any candidate or any candidate's principal campaign committee
32.24 	or agent.
32.25 		Subd. 10.Independent expenditures; notice; report. (a)
32.26 	Within 48 hours after an individual, political committee,
32.27 	political fund, or party unit causes to be disseminated a
32.28 	communication that has been or will be paid for in whole or in
32.29 	part by one or more independent expenditures that in aggregate
32.30 	within the election cycle exceed $500, the individual, political
32.31 	committee, political fund, or party unit must file with the
32.32 	board a notice of the intent to make the independent expenditure.
32.33 	(b) The notice must contain the information with respect to
32.34 	the expenditures that is required to be reported under
32.35 	subdivision 4, paragraph (g), except that if an expenditure is
32.36 	reported before it is made, the notice must include a reasonable
33.1 	estimate of the anticipated amount.  Each additional expenditure
33.2 	requires a new notice.
33.3 	(c) The notice must also include a description of the
33.4 	content of the communication for which the expenditure was or
33.5 	will be made, including a copy of any printed advertisement or a
33.6 	transcript of any broadcast advertisement.  If the advertisement
33.7 	was printed or broadcast more than once in the same form, the
33.8 	description must include a list of the date, time, and location
33.9 	of each printing or broadcast.  If the advertisement was printed
33.10 	or broadcast in substantially the same form for more than one
33.11 	candidate, the description need include only a copy of the
33.12 	standard form, a description of the content that was different
33.13 	for different candidates, and a list of the candidates on whose
33.14 	behalf it was printed or broadcast.  A complaint alleging a
33.15 	violation of this paragraph must be brought no later than three
33.16 	months after the notice was due.
33.17 	(d) During the last three weeks before the primary or
33.18 	general election, and during the last two weeks before a special
33.19 	primary or special election, the notice must be filed within 24
33.20 	hours after the communication is disseminated.
33.21 	(e) An individual or association may file a complaint with
33.22 	the board that a required notice was not filed or that a notice
33.23 	filed under this subdivision was false.  The board must
33.24 	determine the complaint promptly.  If the board determines that
33.25 	a notice was false and the board has distributed a public
33.26 	subsidy to a candidate based on the false notice, the candidate
33.27 	must return the subsidy to the board.
33.28 		Subd. 11.Statement of inactivity. If a reporting entity
33.29 	has no receipts or expenditures during a reporting period, the
33.30 	treasurer must file with the board at the time required by this
33.31 	section a statement to that effect.
33.32 		Subd. 12.Exemption from disclosure. The board must
33.33 	exempt a member of or contributor to an association, or any
33.34 	other individual, from the requirements of this section if the
33.35 	member, contributor, or other individual demonstrates by clear
33.36 	and convincing evidence that disclosure would expose the member
34.1 	or contributor to economic reprisals, loss of employment, or
34.2 	threat of physical coercion.
34.3 	An association may seek an exemption for all of its members
34.4 	or contributors if it demonstrates by clear and convincing
34.5 	evidence that a substantial number of its members or
34.6 	contributors would suffer a restrictive effect on their freedom
34.7 	of association if members were required to seek exemptions
34.8 	individually.
34.9 		Subd. 13.Exemption procedure. An individual or
34.10 	association seeking an exemption under subdivision 12 must
34.11 	submit a written application for exemption to the board.  The
34.12 	board, without hearing, must grant or deny the exemption within
34.13 	30 days after receiving the application and must issue a written
34.14 	order stating the reasons for its action.  The board must
34.15 	publish its order in the State Register and give notice to all
34.16 	parties known to the board to have an interest in the matter.
34.17 	If the board receives a written objection to its action from any
34.18 	party within 20 days after publication of its order and
34.19 	notification of interested parties, the board must hold a
34.20 	contested case hearing on the matter.  Upon the filing of a
34.21 	timely objection from the applicant, an order denying an
34.22 	exemption is suspended pending the outcome of the contested
34.23 	case.  If no timely objection is received, the exemption
34.24 	continues in effect until a written objection is filed with the
34.25 	board in a succeeding election year.  The board must adopt rules
34.26 	establishing a procedure so that an individual seeking an
34.27 	exemption may proceed anonymously if the individual would be
34.28 	exposed to the reprisals listed in subdivision 12 if the
34.29 	individual's identity were to be revealed for the purposes of
34.30 	the notice or a hearing.
34.31 		Subd. 14.Failure to file; penalty. The board must send
34.32 	a notice by certified mail to any individual who fails to file a
34.33 	report required by this section.  If an individual fails to file
34.34 	a report due January 31 within ten business days after the
34.35 	notice was sent, the board may impose a late filing fee of $10
34.36 	per day, not to exceed $500, commencing on the 11th day after
35.1 	the notice was sent.  If an individual fails to file any other
35.2 	report due during an election year within three days after the
35.3 	date due, regardless of whether the individual has received any
35.4 	notice, the board may impose a late filing fee of $50 per day,
35.5 	not to exceed $500, commencing on the fourth day after the date
35.6 	the report was due.
35.7 	The board must send an additional notice by certified mail
35.8 	to an individual who fails to file a statement within 14 days
35.9 	after the first notice was sent by the board that the individual
35.10 	may be subject to a civil penalty for failure to file a
35.11 	statement.  An individual who fails to file the statement within
35.12 	seven days after the second notice was sent by the board is
35.13 	subject to a civil penalty imposed by the board of up to $3,000.
35.14 		Subd. 15.Third-party reimbursement. An individual or
35.15 	association filing a report disclosing an expenditure or
35.16 	noncampaign disbursement that must be reported and itemized
35.17 	under subdivision 4, paragraph (g) or (l), that is a
35.18 	reimbursement to a third party must report the purpose of each
35.19 	expenditure or disbursement for which the third party is being
35.20 	reimbursed.  An expenditure or disbursement is a reimbursement
35.21 	to a third party if it is for goods or services that were not
35.22 	directly provided by the individual or association to whom the
35.23 	expenditure or disbursement is made.  Third-party reimbursements
35.24 	include payments to credit card companies and reimbursement of
35.25 	individuals for expenses they have incurred.
35.26 		Subd. 16.Reports by solicitors. An individual or
35.27 	association, other than a candidate or the members of a
35.28 	candidate's principal campaign committee, that directly solicits
35.29 	and causes others to make contributions to candidates or a party
35.30 	unit in a house of the legislature, that aggregate more than
35.31 	$5,000 between January 1 of a general election year and the end
35.32 	of the reporting period must file with the board a report
35.33 	disclosing the amount of each contribution, the names of the
35.34 	contributors, and to whom the contributions were given.  The
35.35 	report must be filed 15 days before a primary and ten days
35.36 	before a general election.  The report for each calendar year
36.1 	must be filed with the board by January 31 of the following year.
36.2 		Subd. 17.Equitable relief. A candidate whose opponent
36.3 	does not timely file the report due 15 days before the primary,
36.4 	the report due ten days before the general election, or the
36.5 	notice required under section 10B.17, subdivision 6, may
36.6 	petition the district court for immediate equitable relief to
36.7 	enforce the filing requirement.  A prevailing party under this
36.8 	subdivision may be awarded attorney fees and costs by the court.

36.9 	Sec. 26. [10B.13] CONTRIBUTION LIMITS.
36.10 		Subdivision 1.Contribution limits. (a) Except as
36.11 	provided in paragraph (b), a candidate must not permit the
36.12 	candidate's principal campaign committee to accept aggregate
36.13 	contributions made or delivered by an individual, political
36.14 	committee, or political fund in excess of the following:
36.15 	(1) to candidates for governor and lieutenant governor
36.16 	running together, $2,000 in an election cycle;
36.17 	(2) to a candidate for attorney general, secretary of
36.18 	state, or state auditor, $1,000 in an election cycle;
36.19 	(3) to a candidate for state senator, $500 in an election
36.20 	cycle; and 
36.21 	(4) to a candidate for state representative, $500 in an
36.22 	election cycle.
36.23 	(b) A candidate who accepts a public subsidy must not
36.24 	permit the candidate's principal campaign committee to accept
36.25 	aggregate contributions made or delivered by an individual,
36.26 	political committee, or political fund in excess of $50 in an
36.27 	election cycle.
36.28 	(c) The following deliveries are not subject to the
36.29 	bundling limitation in this subdivision:
36.30 	(1) delivery of contributions collected by a member of the
36.31 	candidate's principal campaign committee who was registered with
36.32 	the board to accept contributions on behalf of the committee
36.33 	before the contributions were accepted; and 
36.34 	(2) a delivery made by an individual on behalf of the
36.35 	individual's spouse.
36.36 	(d) A political committee or political fund must not make a
37.1 	contribution a candidate is prohibited from accepting.
37.2 		Subd. 2.Political party and dissolving principal
37.3 	campaign committee limit. A nonparticipating candidate must not
37.4 	permit the candidate's principal campaign committee to accept
37.5 	contributions, including approved expenditures, from any
37.6 	political party units in aggregate in excess of ten times the
37.7 	amount that may be contributed to that candidate under
37.8 	subdivision 1.
37.9 		Subd. 3.Excess loans prohibited. A candidate must not
37.10 	permit the candidate's principal campaign committee to accept a
37.11 	loan from other than a financial institution for an amount in
37.12 	excess of the contribution limits imposed by this section.  A
37.13 	candidate must not permit the candidate's principal campaign
37.14 	committee to accept a loan from a financial institution for
37.15 	which the financial institution may hold an endorser of the loan
37.16 	liable to pay an amount in excess of the amount that the
37.17 	endorser may contribute to that candidate.
37.18 		Subd. 4.Contributions to and from other candidates. (a)
37.19 	A candidate or the treasurer of a candidate's principal campaign
37.20 	committee must not accept a contribution from another
37.21 	candidate's principal campaign committee or from any other
37.22 	committee bearing the contributing candidate's name or title or
37.23 	otherwise authorized by the contributing candidate, unless the
37.24 	contributing candidate's principal campaign committee is being
37.25 	dissolved.  A candidate's principal campaign committee must not
37.26 	make a contribution to another candidate's principal campaign
37.27 	committee, except when the contributing committee is being
37.28 	dissolved.
37.29 	(b) A principal campaign committee that makes a
37.30 	contribution to another principal campaign committee must
37.31 	provide with the contribution a written statement of the
37.32 	committee's intent to dissolve and terminate its registration
37.33 	within 12 months after the contribution was made.  If the
37.34 	committee fails to dissolve and terminate its registration by
37.35 	that time, the board may levy a civil penalty up to four times
37.36 	the size of the contribution against the contributing
38.1 	committee.  A contribution from a terminating principal campaign
38.2 	committee that is not accepted by another principal campaign
38.3 	committee must be forwarded to the board for deposit in the
38.4 	state treasury and credit to the general fund.
38.5 	(c) A candidate's principal campaign committee must not
38.6 	accept a contribution from, or make a contribution to, a
38.7 	committee associated with a person who seeks nomination or
38.8 	election to the office of president, senator, or representative
38.9 	in Congress of the United States.
38.10 	(d) A candidate or the treasurer of a candidate's principal
38.11 	campaign committee must not accept a contribution from a
38.12 	candidate for political subdivision office in any state, unless
38.13 	the contribution is from the personal funds of the candidate for
38.14 	political subdivision office.  A candidate or the treasurer of a
38.15 	candidate's principal campaign committee must not make a
38.16 	contribution from the principal campaign committee to a
38.17 	candidate for political subdivision office in any state.
38.18 		Subd. 5.Limited personal contributions. A participating
38.19 	candidate may not contribute to the candidate's own campaign
38.20 	more than $500 in an election cycle.
38.21 		Subd. 6.Contributions from certain types of
38.22 	contributors. A candidate must not permit the candidate's
38.23 	principal campaign committee to accept a contribution from a
38.24 	political committee, political fund, lobbyist, or large
38.25 	contributor, if the contribution will cause the aggregate
38.26 	contributions from those types of contributors to exceed an
38.27 	amount equal to 20 percent of the expenditure limits for the
38.28 	office sought by the candidate, provided that the 20 percent
38.29 	limit must be rounded to the nearest $100.  For purposes of this
38.30 	subdivision, "large contributor" means an individual, other than
38.31 	the candidate, who contributes an amount that is more than $100
38.32 	and more than one-half the amount an individual may contribute.
38.33 		Subd. 7.Unregistered association limit; statement;
38.34 	penalty. (a) The treasurer of a political committee, political
38.35 	fund, principal campaign committee, or party unit must not
38.36 	accept a contribution of more than $100 from an association not
39.1 	registered under this chapter unless the contribution is
39.2 	accompanied by a written statement that meets the disclosure and
39.3 	reporting period requirements imposed by section 10B.12.  This
39.4 	statement must be certified as true and correct by an officer of
39.5 	the contributing association.  The committee, fund, or party
39.6 	unit that accepts the contribution must include a copy of the
39.7 	statement with the report that discloses the contribution to the
39.8 	board.
39.9 	(b) An unregistered association may provide the written
39.10 	statement required by this subdivision to no more than three
39.11 	committees, funds, or party units in a calendar year.  Each
39.12 	statement must cover at least the 30 days immediately preceding
39.13 	and including the date on which the contribution was made.  An
39.14 	unregistered association or an officer of it is subject to a
39.15 	civil penalty imposed by the board of up to $3,000 if the
39.16 	association or its officer:
39.17 	(1) fails to provide a written statement as required by
39.18 	this subdivision; or 
39.19 	(2) fails to register after giving the written statement
39.20 	required by this subdivision to more than three committees,
39.21 	funds, or party units in a calendar year.
39.22 	(c) The treasurer of a political committee, political fund,
39.23 	principal campaign committee, or party unit who accepts a
39.24 	contribution in excess of $100 from an unregistered association
39.25 	without the required written disclosure statement is subject to
39.26 	a civil penalty up to four times the amount in excess of $100.
39.27 		Subd. 8.Contributions to political committees or funds.
 39.28 	The treasurer of a political committee or political fund must
39.29 	not permit the political committee or political fund to accept
39.30 	aggregate contributions from an individual in an amount more
39.31 	than $1,000 in a calendar year or from another political
39.32 	committee or political fund in any amount.
39.33 		Subd. 9.Contributions to political parties. (a) An
39.34 	individual or association must not give and the treasurer of the
39.35 	state committee of a political party must not permit the
39.36 	political party to accept aggregate contributions for any
40.1 	purpose from an individual, or from an association that makes
40.2 	contributions to candidates, in an amount more than $10,000 in
40.3 	an election cycle.
40.4 	(b) A political party unit may not accept a transfer from
40.5 	its national party organization, nor from a party unit in any
40.6 	other state, unless the transfer is from a separate and
40.7 	segregated fund that contains only contributions from
40.8 	individuals and associations that would have been permitted
40.9 	under the law of this state if they had been made directly to
40.10 	the political party unit.
40.11 		Subd. 10.Aggregate limit on individuals. An individual
40.12 	may not contribute more than $10,000 in aggregate contributions
40.13 	for any purpose to all candidates, political parties, political
40.14 	committees, and political funds in an election cycle.

40.15 	Sec. 27. [10B.14] CONTRIBUTIONS AND SOLICITATIONS DURING
40.16 	LEGISLATIVE SESSION.
40.17 		Subdivision 1.Contributions during legislative session.
 40.18 	(a) A candidate for the legislature or for constitutional
40.19 	office, the candidate's principal campaign committee, or a
40.20 	political committee or party unit established by all or a part
40.21 	of the party organization within a house of the legislature,
40.22 	must not solicit or accept a contribution from a registered
40.23 	lobbyist, political committee, political fund, or dissolving
40.24 	principal campaign committee, or from a party unit established
40.25 	by the party organization within a house of the legislature,
40.26 	during a regular session of the legislature.
40.27 	(b) A registered lobbyist, political committee, political
40.28 	fund, or dissolving principal campaign committee, or a party
40.29 	unit established by the party organization within a house of the
40.30 	legislature, must not make a contribution to a candidate for the
40.31 	legislature or for constitutional office, the candidate's
40.32 	principal campaign committee, or a political committee or party
40.33 	unit established by all or a part of the party organization
40.34 	within a house of the legislature during a regular session of
40.35 	the legislature.
40.36 		Subd. 2.Party unit solicitations. A political party
41.1 	unit must not solicit or receive at an event hosted by a
41.2 	candidate for the legislature or by a candidate for
41.3 	constitutional office a contribution from a lobbyist, political
41.4 	committee, political fund, or party unit during a regular
41.5 	session of the legislature.
41.6 		Subd. 3.Definition. For purposes of this section,
41.7 	"regular session" does not include a special session or the
41.8 	interim between the two annual sessions of a biennium.
41.9 		Subd. 4.Civil penalty. A candidate, political
41.10 	committee, party unit, political fund, principal campaign
41.11 	committee, or registered lobbyist that violates this section is
41.12 	subject to a civil penalty imposed by the board of up to
41.13 	$3,000.  If the board makes a public finding that there is
41.14 	probable cause to believe a violation of this section has
41.15 	occurred, the board must bring an action, or transmit the
41.16 	finding to a county attorney who must bring an action, in the
41.17 	district court of Ramsey county, to collect the civil penalty as
41.18 	imposed by the board.  Penalties paid under this section must be
41.19 	deposited in the general fund in the state treasury.
41.20 		Subd. 5.Special election. This section does not apply
41.21 	in a legislative special election during the period beginning
41.22 	when the person becomes a candidate in the special election and
41.23 	ending on the day of the special election.

41.24 	Sec. 28. [10B.15] CIRCUMVENTION PROHIBITED.
41.25 	An individual or association that attempts to circumvent
41.26 	this chapter by redirecting a contribution through, or making a
41.27 	contribution on behalf of, another individual or association is
41.28 	guilty of a gross misdemeanor and subject to a civil penalty
41.29 	imposed by the board of up to $3,000.

41.30 	Sec. 29. [10B.16] POLITICAL CONTRIBUTION REFUND.
41.31 		Subdivision 1.Definition. (a) The definition in this
41.32 	subdivision applies to this section.
41.33 	(b) "Contribution" means a gift of money.
41.34 		Subd. 2.Claim; receipt form. (a) A taxpayer may claim a
41.35 	refund equal to the amount of the taxpayer's contributions made
41.36 	in the calendar year to a political party or party unit, if the
42.1 	state chair of the political party has signed and filed with the
42.2 	board an agreement not to make independent expenditures as
42.3 	provided in section 10B.19, and the agreement has not been
42.4 	rescinded.  The refund for an individual must not exceed $50 and
42.5 	for a married couple, filing jointly, must not exceed $100.
42.6 	(b) A refund of a contribution is allowed only if the
42.7 	taxpayer files a form required by the commissioner of revenue
42.8 	and attaches to the form a copy of an official refund receipt
42.9 	form issued by the party and signed by the party chair, after
42.10 	the contribution was received.  For a taxpayer who files a claim
42.11 	for refund via the Internet or other electronic means, the
42.12 	commissioner may accept the number on the official receipt as
42.13 	documentation that a contribution was made rather than the
42.14 	actual receipt.  The board must make available to a political
42.15 	party, on request, a supply of official refund receipt forms
42.16 	that state in boldface type that a contributor who is given a
42.17 	receipt form is eligible to claim a refund as provided in this
42.18 	section and that the political party has signed an agreement not
42.19 	to make independent expenditures.  The forms must provide
42.20 	duplicate copies of the receipt to be attached to the
42.21 	contributor's claim.  The receipt forms must be numbered, and
42.22 	the data on the receipt that are not public must be made
42.23 	available to the board upon its request.  A party unit must
42.24 	return to the board with its termination report or destroy any
42.25 	official receipt forms that have not been issued.
42.26 	(c) If the state chair of a political party has not signed
42.27 	an agreement under section 10B.19, or has rescinded the
42.28 	agreement, and the chair or treasurer of a party unit willfully
42.29 	issues an official refund receipt form or a facsimile of one to
42.30 	any of the party's contributors, the issuer of the receipt is
42.31 	guilty of a misdemeanor.
42.32 	(d) A claim must be filed with the commissioner of revenue
42.33 	no sooner than March 4 of each odd-numbered year in which the
42.34 	contribution was made and no sooner than January 1 of each
42.35 	even-numbered year in which the contribution was made and no
42.36 	later than April 15 of the calendar year following the calendar
43.1 	year in which the contribution was made.  A taxpayer may file
43.2 	only one claim per calendar year.  Amounts paid by the
43.3 	commissioner after June 15 of the calendar year following the
43.4 	calendar year in which the contribution was made must include
43.5 	interest at the rate specified in section 270.76.
43.6 		Subd. 3.Copies of form. The commissioner shall make
43.7 	copies of the form available to political party units upon
43.8 	request.
43.9 		Subd. 4.Data privacy. The following data collected or
43.10 	maintained by the commissioner under this subdivision are
43.11 	private:  the identities of individuals claiming a refund and
43.12 	the amount of each contribution.
43.13 		Subd. 5.Report. The commissioner shall report to the
43.14 	campaign finance and public disclosure board by each August 1 a
43.15 	summary showing the total number and aggregate amount of
43.16 	political contribution refunds made on behalf of each political
43.17 	party.  These data are public.
43.18 		Subd. 6.Appropriation. The amount necessary to pay
43.19 	claims for the refund provided in this section is appropriated
43.20 	from the general fund to the commissioner of revenue.

43.21 	Sec. 30. [10B.17] SPENDING LIMITS.
43.22 		Subdivision 1.Limits are voluntary. The expenditure
43.23 	limits imposed by this section on a candidate apply only to a
43.24 	candidate who has signed an agreement under section 10B.19 to be
43.25 	bound by them as a condition of receiving a public subsidy for
43.26 	the candidate's campaign.  The prohibition imposed by this
43.27 	section on a political party applies only to a political party
43.28 	that has signed and not rescinded an agreement under section
43.29 	10B.19 to be bound by it as a condition of receiving a public
43.30 	subsidy for the party's activities.
43.31 		Subd. 2.Amounts. (a) The principal campaign committee
43.32 	of a candidate must not make campaign expenditures nor permit
43.33 	approved expenditures to be made on behalf of the candidate
43.34 	during an election cycle that result in aggregate expenditures
43.35 	in excess of the sums authorized in this subdivision.
43.36 	(b) The principal campaign committee of a candidate may
44.1 	make expenditures or permit approved expenditures to be made on
44.2 	behalf of the candidate during an election cycle and before the
44.3 	candidate files an affidavit of qualifying contributions under
44.4 	section 10B.20 in the following amounts:
44.5 	(1) for governor and lieutenant governor, running together,
44.6 	$50,000;
44.7 	(2) for attorney general, secretary of state, and state
44.8 	auditor, separately, $25,000;
44.9 	(3) for state senator, $8,000; and 
44.10 	(4) for state representative, $4,000.
44.11 	(c) The principal campaign committee of a candidate may
44.12 	spend the public subsidy as authorized under section 10B.24.
44.13 	(d) If a special election cycle occurs during a general
44.14 	election cycle, expenditures by or on behalf of a candidate in
44.15 	the special election do not count as expenditures by or on
44.16 	behalf of the candidate in the general election.
44.17 		Subd. 3.Aggregated expenditures. If a candidate makes
44.18 	expenditures from more than one principal campaign committee for
44.19 	nomination or election to statewide office in the same election
44.20 	cycle, the amount of expenditures from all of the candidate's
44.21 	principal campaign committees for statewide office for that
44.22 	election cycle must be aggregated for purposes of applying the
44.23 	limits on expenditures under subdivision 2.
44.24 		Subd. 4.Governor and lieutenant governor as a single
44.25 	candidate. For the purposes of this chapter, a candidate for
44.26 	governor and a candidate for lieutenant governor, running
44.27 	together, are considered a single candidate.  All expenditures
44.28 	made by or all approved expenditures made on behalf of the
44.29 	candidate for lieutenant governor are considered to be
44.30 	expenditures by or approved expenditures on behalf of the
44.31 	candidate for governor.
44.32 		Subd. 5.Independent expenditures. The principal
44.33 	campaign committee of a candidate must not make independent
44.34 	expenditures.
44.35 		Subd. 6.Release from expenditure limits. (a) After the
44.36 	deadline for filing a spending limit agreement under section
45.1 	10B.19, a candidate who has agreed to be bound by the
45.2 	expenditure limits imposed by this section as a condition of
45.3 	receiving a public subsidy for the candidate's campaign may
45.4 	choose to be released from the expenditure limits but remain
45.5 	eligible to receive a public subsidy if the candidate has an
45.6 	opponent who has not agreed to be bound by the limits and who
45.7 	has received contributions during that election cycle in excess
45.8 	of the sum of:
45.9 	(1) the amounts listed in subdivision 2, paragraph (b),
45.10 	that the candidate is allowed to spend before filing an
45.11 	affidavit of contributions;
45.12 	(2) the limit set in section 10B.13, subdivision 2,
45.13 	paragraph (a), for contributions from political party units to
45.14 	the candidate; and 
45.15 	(3) the public subsidy the participating candidate has
45.16 	received through that part of the election cycle.
45.17 	Before the primary election, a candidate's "opponents" are
45.18 	only those who will appear on the ballot of the same party in
45.19 	the primary election.
45.20 	(b) A candidate who has not agreed to be bound by
45.21 	expenditure limits, or the candidate's principal campaign
45.22 	committee, must file written notice with the board and provide
45.23 	written notice to any opponent of the candidate for the same
45.24 	office within seven days after exceeding the limit in paragraph
45.25 	(a).  The notice must state only that the candidate or
45.26 	candidate's principal campaign committee has received
45.27 	contributions in excess of the limit in paragraph (a).
45.28 	(c) Upon receipt of the notice, the candidate who had
45.29 	agreed to be bound by the limits may file with the board a
45.30 	notice that the candidate chooses to be no longer bound by the
45.31 	expenditure limits.  A notice of a candidate's choice not to be
45.32 	bound by the expenditure limits that is based on the conduct of
45.33 	an opponent in the state primary election may not be filed more
45.34 	than one day after the state canvassing board has declared the
45.35 	results of the state primary.
45.36 	(d) A candidate who has agreed to be bound by the
46.1 	expenditure limits imposed by this section and whose opponent in
46.2 	the general election has chosen, as provided in paragraph (c),
46.3 	not to be bound by the expenditure limits because of the conduct
46.4 	of an opponent in the primary election is no longer bound by the
46.5 	limits but remains eligible to receive a public subsidy.
46.6 		Subd. 7.Independent expenditures by political
46.7 	parties. A political party or party unit must not make an
46.8 	independent expenditure.

46.9 	Sec. 31. [10B.18] MULTICANDIDATE POLITICAL PARTY
46.10 	EXPENDITURES.
46.11 	Notwithstanding other provisions of this chapter, the
46.12 	following expenditures by a party unit, or two or more party
46.13 	units acting together, with at least one party unit being either
46.14 	the state committee or the party organization within a
46.15 	congressional district, county, or legislative district, are not
46.16 	considered contributions to or expenditures on behalf of a
46.17 	candidate for the purposes of section 10B.13 or 10B.17 and must
46.18 	not be allocated to candidates under section 10B.12, subdivision
46.19 	4, paragraph (g):
46.20 	(1) expenditures not on behalf of any candidate;
46.21 	(2) expenditures on behalf of candidates of that party
46.22 	generally without referring to any of them specifically by name
46.23 	or image in a published, posted, or broadcast advertisement; or 
46.24 	(3) expenditures for the preparation, display, mailing, or
46.25 	other distribution of an official party sample ballot listing
46.26 	the names of three or more individuals whose names are to appear
46.27 	on the ballot.

46.28 	Sec. 32. [10B.19] SPENDING LIMIT AGREEMENT.
46.29 		Subdivision 1.Agreement by candidate. (a) As a
46.30 	condition of receiving a public subsidy, a candidate must sign
46.31 	and file with the board a written agreement in which the
46.32 	candidate agrees that the candidate will comply with sections
46.33 	10B.13, subdivisions 1, 2, and 5; 10B.17; and 10B.23.
46.34 	(b) Before the first day of filing for office, the board
46.35 	must forward agreement forms to all filing officers.  The board
46.36 	must also provide agreement forms to candidates on request at
47.1 	any time.  The candidate must file the agreement with the board
47.2 	no sooner than January 1 in the general election year and no
47.3 	later than the day after the candidate files the affidavit of
47.4 	candidacy for the office.  An agreement may not be filed with
47.5 	the board after that date.  An agreement once filed may not be
47.6 	rescinded.
47.7 	(c) The board must notify the commissioner of revenue of
47.8 	any agreement filed under this subdivision.
47.9 		Subd. 2.How long agreement is effective. The agreement,
47.10 	insofar as it relates to the expenditure limits in section
47.11 	10B.17 and the contribution limit in section 10B.13, subdivision
47.12 	5, remains effective for candidates until the dissolution of the
47.13 	principal campaign committee of the candidate or the end of the
47.14 	first election cycle completed after the agreement was filed,
47.15 	whichever occurs first.
47.16 		Subd. 3.Agreement by political party. (a) As a
47.17 	condition of receiving a public subsidy, the chair of the state
47.18 	committee of a political party must sign and file with the board
47.19 	before the first March 1 of a general election cycle a written
47.20 	agreement in which the state committee agrees that the political
47.21 	party and all its party units will comply with section 10B.17.
47.22 	An agreement once filed may not be rescinded after the first
47.23 	March 4 of a general election cycle.
47.24 	(b) The board must provide agreement forms to political
47.25 	parties on request at any time.
47.26 	(c) The agreement not to make independent expenditures
47.27 	remains in effect until it is rescinded, or the end of the first
47.28 	general election cycle completed after the agreement was filed,
47.29 	or the dissolution of the political party, whichever occurs
47.30 	first.
47.31 	(d) The board must notify the commissioner of revenue of
47.32 	any agreement filed or rescinded under this subdivision.

47.33 	Sec. 33. [10B.20] QUALIFYING CONTRIBUTIONS.
47.34 		Subdivision 1.Amounts. In addition to the requirements
47.35 	of section 10B.19, to be eligible to receive a public subsidy
47.36 	under section 10B.24, a candidate must receive qualifying
48.1 	contributions from individuals eligible to vote in this state
48.2 	and, in the case of a legislative candidate, at least one-half
48.3 	from individuals eligible to vote for the candidate, in the
48.4 	amount indicated for the office sought, counting only the first
48.5 	$5 received from each contributor:
48.6 	(1) candidates for governor and lieutenant governor,
48.7 	running together, $22,000;
48.8 	(2) candidates for attorney general, secretary of state,
48.9 	and state auditor, separately, $12,500;
48.10 	(3) candidates for the senate, $1,800; and 
48.11 	(4) candidates for the house of representatives, $900.
48.12 	A candidate for statewide office must receive at least five
48.13 	percent of the qualifying amount from residents of each
48.14 	congressional district.
48.15 	The amounts in clauses (3) and (4) must be adjusted
48.16 	following each decennial federal census to represent the ideal
48.17 	population of a senate or house district, respectively, times
48.18 	.025, rounded to the nearest $100.
48.19 		Subd. 2.Statement of intent to participate. A candidate
48.20 	who intends to participate in the public subsidy program must
48.21 	file with the board, in a form approved by the board, a
48.22 	statement of intent to participate.  The statement may not be
48.23 	filed before the beginning of the election cycle.
48.24 		Subd. 3.Receipt. The board must make available to each
48.25 	candidate who has filed a statement of intent to participate in
48.26 	the public subsidy program copies of the official contribution
48.27 	receipt form designed by the board.  The receipt must state that
48.28 	the contributor understands that the purpose of the contribution
48.29 	is to help the candidate qualify for a public subsidy.  The form
48.30 	must include space for the contributor's printed name,
48.31 	signature, and home address, and the name of the candidate on
48.32 	whose behalf the contribution was made.  The candidate or the
48.33 	treasurer of the candidate's principal campaign committee must
48.34 	provide to the contributor a receipt, which must be properly
48.35 	completed and signed by the contributor and returned to the
48.36 	candidate.  The candidate must keep one copy of the receipt and
49.1 	file a second copy with the board, along with the affidavit of
49.2 	contributions required by subdivision 4 and a list, in an
49.3 	electronic format approved by the board, of the names and home
49.4 	addresses of the contributors and indicating whether the
49.5 	contributor is eligible to vote for the candidate.
49.6 		Subd. 4.Affidavit. No sooner than January 1 in the
49.7 	general election year and no later than the day after the
49.8 	candidate files the affidavit of candidacy for the office, a
49.9 	candidate who intends to participate in the public subsidy
49.10 	program, or the treasurer of the candidate's principal campaign
49.11 	committee, must file with the board an affidavit stating that,
49.12 	since January 1 in the year before the general election year,
49.13 	the candidate's principal campaign committee has received
49.14 	qualifying contributions in the amount specified in subdivision
49.15 	1.
49.16 		Subd. 5.Special elections. A candidate for a vacancy to
49.17 	be filled at a special election must receive qualifying
49.18 	contributions in one-third the amounts specified in subdivision
49.19 	1.  If the filing period for the special election does not
49.20 	coincide with the filing period for the general election, the
49.21 	candidate must submit the affidavit required by this section to
49.22 	the board within five days after filing the affidavit of
49.23 	candidacy.

49.24 	Sec. 34. [10B.21] STATE ELECTIONS CAMPAIGN FUND.
49.25 		Subdivision 1.Established. An account is established in
49.26 	the special revenue fund of the state known as the "state
49.27 	elections campaign fund." 
49.28 		Subd. 2.Spending cap. The board must not spend from the
49.29 	state elections campaign fund during a calendar year more than
49.30 	$5 times the number of Minnesota residents who filed personal
49.31 	income tax returns during the previous calendar year.  The board
49.32 	may exceed this limit during a calendar year, provided it is
49.33 	offset by an equal reduction of the limit during another
49.34 	calendar year during the same gubernatorial election cycle.
49.35 		Subd. 3.Excess money. At least once each year the
49.36 	commissioner of finance must forecast the amount of revenue the
50.1 	state elections campaign fund will collect over the next four
50.2 	years and the time the revenue will be available.  Whenever the
50.3 	commissioner determines that the balance in the fund is greater
50.4 	than will be needed to meet current debts plus anticipated
50.5 	expenses, taking into account the revenue forecast, the
50.6 	commissioner must transfer the excess balance to the general
50.7 	fund.  The amount transferred is appropriated from the general
50.8 	fund to the Board of Public Defense.
50.9 		Subd. 4.Deficiency. At least once each year, the board
50.10 	must forecast the amount of public subsidy from the state
50.11 	elections campaign fund for which all candidates will qualify
50.12 	for the following calendar year.  By the end of each year, the
50.13 	board must announce whether the amount that will be needed the
50.14 	following year for public subsidies from the state elections
50.15 	campaign fund will exceed the amount that will be available.  If
50.16 	the board determines that the fund will be deficient, the board
50.17 	may include in the announcement decreases in the amounts of
50.18 	public subsidies that will be paid, in the following order:
50.19 	(1) first, the board may announce a decrease in the rate at
50.20 	which a public subsidy will be paid to match excess
50.21 	contributions under section 10B.24, subdivision 7, and
50.22 	independent expenditures under section 10B.24, subdivision 8;
50.23 	and 
50.24 	(2) second, the board may announce a reduction in the
50.25 	percentage of a candidate's spending limit that will be paid as
50.26 	a public subsidy under section 10B.24, subdivisions 4 to 6.
50.27 		Subd. 5.Emergency. If a deficiency arises in the state
50.28 	elections campaign fund that cannot be met by reductions under
50.29 	subdivision 4, the board must declare an emergency and reduce
50.30 	public subsidy payments proportionately among all candidates
50.31 	entitled to them.

50.32 	Sec. 35. [10B.22] PUBLIC SUBSIDY.
50.33 		Subdivision 1.Payment to participating candidates. Upon
50.34 	determining that a candidate has met all the requirements for
50.35 	receiving a public subsidy, the board must designate the
50.36 	candidate as "participating."  The board must pay each
51.1 	participating candidate a public subsidy as provided in this
51.2 	section.  The payment must be in the form of a check made
51.3 	"payable to the campaign fund of ...... (name of candidate)."
51.4 	An amount sufficient to make the payment is appropriated to the
51.5 	board from the state elections campaign fund.
51.6 		Subd. 2.Public subsidy base. (a) The public subsidy
51.7 	base for each candidate is as follows:
51.8 	(1) for governor and lieutenant governor, running together,
51.9 	$1,520,000;
51.10 	(2) for attorney general, secretary of state, and state
51.11 	auditor, separately, $300,000;
51.12 	(3) for state senator, $52,000; and 
51.13 	(4) for state representative, $26,000.
51.14 	(b) The public subsidy base in paragraph (a) is increased
51.15 	by ten percent for a candidate who is running for that office
51.16 	for the first time and who has not run previously for any other
51.17 	office whose territory now includes a population that is more
51.18 	than one-third of the population in the territory of the new
51.19 	office.
51.20 		Subd. 3.Adjustment by consumer price index. (a) The
51.21 	dollar amounts in subdivision 2 must be adjusted for general
51.22 	election years as provided in this subdivision.  In the year
51.23 	before each general election year, the executive director of the
51.24 	board must determine the percentage increase in the Consumer
51.25 	Price Index from December of the second preceding general
51.26 	election year to December of the last general election year.
51.27 	The dollar amounts used for the preceding general election year
51.28 	must be multiplied by that percentage.  The product of the
51.29 	calculation, rounded up to the next highest $100 increment, must
51.30 	be added to each dollar amount to produce the dollar limitations
51.31 	to be in effect for the next general election.  The index used
51.32 	must be the revised Consumer Price Index for all urban consumers
51.33 	for the St. Paul-Minneapolis metropolitan area prepared by the
51.34 	United States Department of Labor.
51.35 	(b) By April 1 of the year before each election year, the
51.36 	board must publish in the State Register the public subsidy base
52.1 	for each office for that calendar year under subdivision 2 as
52.2 	adjusted by this subdivision.  The revisor of statutes must code
52.3 	the adjusted amounts of the public subsidy base in the next
52.4 	edition of Minnesota Statutes.
52.5 		Subd. 4.Payment upon qualifying. Within one week after
52.6 	it has designated a candidate as participating, the board must
52.7 	pay to the participating candidate an amount equal to 20 percent
52.8 	of the participating candidate's public subsidy base.
52.9 		Subd. 5.Payment upon filing for office. Within one week
52.10 	after the close of filings for office, the board must pay a
52.11 	participating candidate who has an opponent in either the
52.12 	primary or the general election an amount equal to 20 percent of
52.13 	the candidate's public subsidy base.
52.14 		Subd. 6.Payment for general election. As soon as the
52.15 	board has obtained from the secretary of state the results of
52.16 	the primary election, but no later than one week after the state
52.17 	canvassing board has certified the results of the primary, the
52.18 	board must pay to each participating candidate whose name will
52.19 	appear on the ballot in the general election an amount equal to
52.20 	60 percent of the candidate's public subsidy base, except that a
52.21 	candidate who has no opponent in the general election must be
52.22 	paid an amount equal to six percent of the candidate's public
52.23 	subsidy base.
52.24 		Subd. 7.Payment to match excess contributions. Upon
52.25 	receipt of a report of excess contributions under section
52.26 	10B.12, subdivision 7, the board must notify any participating
52.27 	opponent of the nonparticipating candidate of the amount of the
52.28 	excess.  Upon receipt of the first report, the board must pay
52.29 	the participating candidate an additional public subsidy equal
52.30 	to the participating candidate's public subsidy base.  The
52.31 	additional subsidy may only be spent in an amount equal to the
52.32 	excess contributions reported for that election cycle.
52.33 		Subd. 8.Payment to match independent expenditures. (a)
52.34 	Within 24 hours after receipt of a notice of independent
52.35 	expenditures under section 10B.12, subdivision 10, the board
52.36 	must notify each participating candidate in the affected race of
53.1 	the amount of the independent expenditure.  Along with the first
53.2 	notice under this subdivision, the board must pay to each
53.3 	participating candidate who is adversely affected by the
53.4 	independent expenditure an additional public subsidy in an
53.5 	amount equal to the participating candidate's public subsidy
53.6 	base, to be spent only as provided in this subdivision.  A
53.7 	candidate is "adversely affected" if the independent expenditure
53.8 	is made to defeat the candidate or to nominate or elect an
53.9 	opponent of the candidate.  Before the primary election, an
53.10 	"opponent" includes the candidates whose names are on the ballot
53.11 	for the primary of the same major party or, if there is none,
53.12 	the candidates whose names will be on the ballot for the general
53.13 	election.
53.14 	(b) If the independent expenditure is made to defeat a
53.15 	participating candidate, the additional subsidy may be spent in
53.16 	an amount equal to the independent expenditures made to defeat
53.17 	the participating candidate reported for that election cycle.
53.18 	(c) If the independent expenditure is made to nominate or
53.19 	elect a candidate and the sum of assets carried forward,
53.20 	contributions received as of the last reporting date, public
53.21 	subsidy received, and independent expenditures made to elect the
53.22 	candidate exceeds 120 percent of the spending limit for a
53.23 	participating opponent candidate for the legislature or 110
53.24 	percent of the spending limit for a participating opponent
53.25 	candidate for constitutional officer, the participating opponent
53.26 	may spend the additional public subsidy in an amount equal to
53.27 	one-half the excess independent expenditures to nominate or
53.28 	elect the candidate reported for that election cycle.
53.29 	(d) If an individual, political committee, political fund,
53.30 	or party unit has made expenditures to nominate or elect a
53.31 	candidate, any expenditure by the spender during the same
53.32 	election cycle to defeat the candidate or to nominate or elect
53.33 	an opponent of the candidate does not authorize the candidate to
53.34 	spend matching money under paragraph (b) or (c).
53.35 		Subd. 9.Payment for special election. The board must
53.36 	pay each participating candidate for legislative office in a
54.1 	special election an amount equal to the candidate's public
54.2 	subsidy base within 48 hours after the candidate has been
54.3 	designated as participating, but the candidate may spend only an
54.4 	amount equal to 20 percent of the candidate's public subsidy
54.5 	base upon being designated as participating.  A candidate who
54.6 	has an opponent in either the primary or general election may
54.7 	spend an additional amount equal to 20 percent of the
54.8 	participating candidate's public subsidy base upon filing for
54.9 	office, and a candidate whose name has been certified to appear
54.10 	on the ballot for the general election may spend an additional
54.11 	amount equal to 60 percent of the candidate's public subsidy
54.12 	base.  Any amount not spent by the candidate must be returned to
54.13 	the board under section 10B.23.
54.14 		Subd. 10.Payment withheld. If a candidate has not yet
54.15 	filed a campaign finance report required by section 10B.12, or
54.16 	the candidate owes money to the board, the board must withhold
54.17 	the candidate's public subsidy until the report has been filed
54.18 	or the debt has been paid, whichever applies.  If the report has
54.19 	not been filed or the debt has not been paid to the board by the
54.20 	end of the fiscal year, the subsidy must be applied to the debts
54.21 	owed by the candidate to the board and any remaining amount must
54.22 	be canceled to the general fund.

54.23 	Sec. 36. [10B.23] RETURN OF PUBLIC SUBSIDY.
54.24 		Subdivision 1.When return required. A candidate must
54.25 	return all or a portion of the public subsidy received under
54.26 	section 10B.22 under the circumstances in this section or
54.27 	section 10B.24, subdivision 1.
54.28 	To the extent that the amount of public subsidy received
54.29 	exceeds the actual expenditures made by the principal campaign
54.30 	committee of the candidate, the treasurer of the candidate's
54.31 	principal campaign committee must return an amount equal to the
54.32 	difference to the board.  The cost of postage that was not used
54.33 	during an election cycle and payments that created credit
54.34 	balances at vendors at the close of an election cycle are not
54.35 	considered expenditures for purposes of determining the amount
54.36 	to be returned.  Expenditures in excess of the candidate's
55.1 	spending limit do not count in determining aggregate
55.2 	expenditures under this paragraph.
55.3 		Subd. 2.How return determined. Whether or not a
55.4 	candidate is required under subdivision 1 to return all or a
55.5 	portion of the public subsidy must be determined from the report
55.6 	required to be filed with the board by that candidate by January
55.7 	31 of the year following an election.  An amount required to be
55.8 	returned must be submitted in the form of a check or money order
55.9 	and must accompany the report filed with the board.  The board
55.10 	must deposit the check or money order in the state treasury for
55.11 	credit to the general fund.  The amount returned must not exceed
55.12 	the amount of public subsidy received by the candidate.

55.13 	Sec. 37. [10B.24] CARRYFORWARD.
55.14 		Subdivision 1.Unused funds. After all campaign
55.15 	expenditures and noncampaign disbursements for an election cycle
55.16 	have been made, a principal campaign committee may carry forward
55.17 	assets equal to the amount that the candidate may spend in the
55.18 	next election cycle before being designated a participating
55.19 	candidate for the same office, as set forth in section 10B.17,
55.20 	subdivision 2, paragraph (b).  Any remaining assets up to the
55.21 	total amount of the public subsidy received under section 10B.22
55.22 	must be returned to the state treasury for credit to the general
55.23 	fund under section 10B.23.  Any remaining assets in excess of
55.24 	the total public subsidy must be contributed to the general
55.25 	fund, a public school, or a charity, or to a political party.
55.26 		Subd. 2.Unused postage and credit balances carried
55.27 	forward. Postage that is purchased but not used during an
55.28 	election cycle and credit balances at vendors that exceed a
55.29 	combined total of $500 must be carried forward and counted as
55.30 	expenditures during the election cycle during which they are
55.31 	used.

55.32 	Sec. 38. [10B.25] PENALTY FOR EXCEEDING LIMITS.
55.33 		Subdivision 1.Exceeding contribution limits. (a) A
55.34 	candidate who permits the candidate's principal campaign
55.35 	committee, or the treasurer of a political committee, political
55.36 	fund, or party unit who permits the committee, fund, or party
56.1 	unit to accept contributions in excess of the limits imposed by
56.2 	section 10B.13, is subject to a civil penalty of up to ten times
56.3 	the amount by which the contribution exceeds the limits.
56.4 	(b) The board may order a candidate who has permitted the
56.5 	candidate's principal campaign committee to accept contributions
56.6 	in excess of the limits imposed by section 10B.13 to return any
56.7 	public subsidy the candidate has received.  The board must
56.8 	deposit the amount returned in the state treasury and credit it
56.9 	to the general fund.
56.10 	(c) The board may recommend that a candidate who was
56.11 	nominated or elected to office after violating section 10B.13
56.12 	should forfeit the nomination or office.
56.13 	(d) A political committee, political fund, or principal
56.14 	campaign committee that makes a contribution in excess of the
56.15 	limits imposed by section 10B.13 is subject to a civil penalty
56.16 	of up to ten times the amount by which the contribution exceeds
56.17 	the limits.
56.18 		Subd. 2.Exceeding expenditure limits. (a) A candidate
56.19 	subject to the expenditure limits in section 10B.17 who permits
56.20 	the candidate's principal campaign committee to make
56.21 	expenditures or permits approved expenditures to be made on the
56.22 	candidate's behalf in excess of the limits imposed by section
56.23 	10B.17 is subject to a civil penalty imposed by the board of up
56.24 	to ten times the amount by which the expenditures exceed the
56.25 	limit.
56.26 	(b) The board may order a candidate subject to the
56.27 	expenditure limits in section 10B.17 who has permitted the
56.28 	candidate's principal campaign committee to make expenditures or
56.29 	has permitted approved expenditures to be made on the
56.30 	candidate's behalf in excess of the limits imposed by section
56.31 	10B.17 to return to the board any public subsidy the candidate
56.32 	has received.  The board must deposit the amount returned in the
56.33 	state treasury and credit it to the general fund.
56.34 	(c) The board may recommend that a candidate who was
56.35 	nominated or elected after violating the limits in section
56.36 	10B.17 should forfeit the nomination or office.
57.1 	(d) The chair of a political party or party unit subject to
57.2 	the prohibition in section 10B.17 that makes expenditures in
57.3 	violation of section 10B.17 is subject to a civil fine of up to
57.4 	ten times the amount of the expenditures.
57.5 		Subd. 3.Conciliation agreement. If the board finds that
57.6 	there is reason to believe that excess contributions have been
57.7 	accepted contrary to section 10B.13 or excess expenditures made
57.8 	contrary to section 10B.17, the board must make every effort for
57.9 	a period of at least 14 days after its finding to correct the
57.10 	matter by informal methods of conference and conciliation and to
57.11 	enter a conciliation agreement with the person involved.  A
57.12 	conciliation agreement under this subdivision is a matter of
57.13 	public record.  Unless violated, a conciliation agreement is a
57.14 	bar to any civil proceeding under subdivision 4.
57.15 		Subd. 4.Civil action. (a) If the board is unable after
57.16 	a reasonable time to correct by informal methods a matter that
57.17 	constitutes probable cause to believe that excess contributions
57.18 	have been accepted contrary to section 10B.13 or excess
57.19 	expenditures made contrary to section 10B.17, the board must
57.20 	make a public finding of probable cause in the matter.  After
57.21 	making a public finding, the board must bring an action, or
57.22 	transmit the finding to a county attorney who must bring an
57.23 	action, in the district court of Ramsey county or, in the case
57.24 	of a legislative candidate, the district court of a county
57.25 	within the legislative district, to collect a civil penalty
57.26 	imposed by the board, to demand the return of any public subsidy
57.27 	paid to the candidate, or to have the nomination or office
57.28 	declared forfeited.  All money recovered under this section must
57.29 	be deposited in the state treasury and credited to the general
57.30 	fund.
57.31 	(b) If a candidate is judged to have violated section
57.32 	10B.13 or 10B.17, the court, after entering the judgment, may
57.33 	enter a supplemental judgment declaring that the candidate has
57.34 	forfeited the nomination or office, except as provided in
57.35 	paragraph (c).  If the court enters the supplemental judgment,
57.36 	it must transmit to the filing officer a transcript of the
58.1 	supplemental judgment, the nomination or office becomes vacant,
58.2 	and the vacancy must be filled as provided by law.
58.3 	(c) If the candidate has been elected to the legislature,
58.4 	the court, after entering the judgment that the candidate has
58.5 	violated section 10B.13 or 10B.17, must transmit a transcript of
58.6 	the judgment to the secretary of the senate or the chief clerk
58.7 	of the house of representatives, as appropriate, for further
58.8 	consideration by the house to which the candidate was elected.

58.9 	Sec. 39. [10B.26] DISSOLUTION OF INACTIVE COMMITTEES AND
58.10 	FUNDS.
58.11 		Subdivision 1.Dissolution required. A political
58.12 	committee, political fund, or principal campaign committee must
58.13 	be dissolved within 60 days after receiving notice from the
58.14 	board that the committee or fund has become inactive.  The
58.15 	assets of the committee or fund must be spent for the purposes
58.16 	authorized by section 211B.12 and other applicable law or
58.17 	liquidated and deposited in the general fund within 60 days
58.18 	after the board notifies the committee or fund that it has
58.19 	become inactive.
58.20 		Subd. 2.Inactivity defined. (a) A principal campaign
58.21 	committee becomes inactive on the later of the following dates:
58.22 	(1) when six years have elapsed since the last election in
58.23 	which the person was a candidate for the office sought or held
58.24 	at the time the principal campaign committee registered with the
58.25 	board; or 
58.26 	(2) when six years have elapsed since the last day on which
58.27 	the individual for whom it exists served in an elective office
58.28 	subject to this chapter.
58.29 	(b) A political committee or fund becomes inactive when two
58.30 	years have elapsed since the end of a reporting period during
58.31 	which the political committee or fund made an expenditure or
58.32 	disbursement requiring disclosure under this chapter.
58.33 		Subd. 3.Remaining debts. If a committee or fund becomes
58.34 	inactive when it still has unpaid debts, the committee or fund
58.35 	must liquidate available assets to pay the debts.  If
58.36 	insufficient assets exist to pay the debts, the board may set up
59.1 	a payment schedule and allow the committee or fund to defer
59.2 	dissolution until all debts are paid.  This section does not
59.3 	extinguish debts incurred by the committee or fund.

59.4 	Sec. 40. [10B.27] DISSOLUTION OR TERMINATION.
59.5 		Subdivision 1.Termination report. A political
59.6 	committee, political fund, principal campaign committee, or
59.7 	party unit may not dissolve until it has settled all of its
59.8 	debts and disposed of all its assets in excess of $100 and filed
59.9 	a termination report.  "Assets" include credit balances at
59.10 	vendors and physical assets such as computers and postage
59.11 	stamps.  Physical assets must be listed at their fair market
59.12 	value.  The termination report may be made at any time and must
59.13 	include all information required in periodic reports.
59.14 		Subd. 2.Termination allowed. Notwithstanding
59.15 	subdivision 1, a committee, fund, or party unit that has debts
59.16 	incurred more than six years previously, has disposed of all its
59.17 	assets, and has met the requirements of section 10B.12,
59.18 	subdivision 11, may notify any remaining creditors by certified
59.19 	mail and then file a termination report.

59.20 	Sec. 41. [10B.28] TRANSFER OF DEBTS.
59.21 	Notwithstanding section 10B.27, a candidate may terminate
59.22 	the candidate's principal campaign committee for one state
59.23 	office by transferring any debts of that committee to the
59.24 	candidate's principal campaign committee for another state
59.25 	office if all outstanding unpaid bills or loans from the
59.26 	committee being terminated are assumed and continuously reported
59.27 	by the committee to which the transfer is being made until paid
59.28 	or forgiven.  A loan that is forgiven is covered by section
59.29 	10B.12 and, for purposes of section 10B.23, is a contribution to
59.30 	the principal campaign committee from which the debt was
59.31 	transferred under this section.

59.32 	Sec. 42. Minnesota Statutes 2004, section 129D.13, is
59.33 	amended by adding a subdivision to read:
59.34 		Subd. 5.Free time for political candidates. A station
59.35 	that receives a grant under this section must make available
59.36 	free time to each political candidate who has been designated by
60.1 	the campaign finance and public disclosure board as
60.2 	participating in the public subsidy program under section
60.3 	10B.22.  The amount of free time is 30 minutes each election
60.4 	cycle for a candidate for state constitutional officer and 60
60.5 	seconds each election cycle for a candidate for the
60.6 	legislature.  The free time for a candidate for state
60.7 	constitutional officer or video clip must be broadcast time.
60.8 	The free time for a candidate for the legislature may be either
60.9 	broadcast time or an archived video clip on the station's Web
60.10 	site.  The broadcast or video clip must include only the
60.11 	candidate speaking in the candidate's own voice.

60.12 	Sec. 43. Minnesota Statutes 2004, section 129D.14, is
60.13 	amended by adding a subdivision to read:
60.14 		Subd. 7.Free time for political candidates. A station
60.15 	that receives a grant under this section must make available
60.16 	free time to each political candidate who has been designated by
60.17 	the campaign finance and public disclosure board as
60.18 	participating in the public subsidy program under section
60.19 	10B.22.  The amount of free time is 30 minutes each election
60.20 	cycle for a candidate for state constitutional officer and 60
60.21 	seconds each election cycle for a candidate for the
60.22 	legislature.  The free time for a candidate for state
60.23 	constitutional officer or audio clip must be broadcast time.
60.24 	The free time for a candidate for the legislature may be either
60.25 	broadcast time or an archived audio clip on the station's Web
60.26 	site.  The broadcast or audio clip must include only the
60.27 	candidate speaking in the candidate's own voice.

60.28 	Sec. 44. Minnesota Statutes 2004, section 204B.11,
60.29 	subdivision 1, is amended to read:
60.30 		Subdivision 1.Amount; dishonored checks; consequences.
 60.31 	Except as provided by subdivision 2, a filing fee shall be paid
60.32 	by each candidate who files an affidavit of candidacy.  The fee
60.33 	shall be paid at the time the affidavit is filed.  The amount of
60.34 	the filing fee shall vary with the office sought as follows:
60.35 	(a) for the office of governor, lieutenant governor,
60.36 	attorney general, state auditor, secretary of state,
61.1 	representative in Congress, judge of the Supreme Court, judge of
61.2 	the Court of Appeals, or judge of the district court, $300;
61.3 	(b) for the office of senator in Congress, $400;
61.4 	(c) for office of senator or representative in the
61.5 	legislature, $100;
61.6 	(d) for a county office, $50; and
61.7 	(e) for the office of soil and water conservation district
61.8 	supervisor, $20.
61.9 	For a candidate who has raised the necessary qualifying
61.10 	contributions and been designated by the campaign finance and
61.11 	public disclosure board under section 10B.22 as participating in
61.12 	the public subsidy program, no filing fee is required.
61.13 	For the office of presidential elector, and for those
61.14 	offices for which no compensation is provided, no filing fee is
61.15 	required.
61.16 	The filing fees received by the county auditor shall
61.17 	immediately be paid to the county treasurer.  The filing fees
61.18 	received by the secretary of state shall immediately be paid to
61.19 	the commissioner of finance.
61.20 	When an affidavit of candidacy has been filed with the
61.21 	appropriate filing officer and the requisite filing fee has been
61.22 	paid, the filing fee shall not be refunded.  If a candidate's
61.23 	filing fee is paid with a check, draft, or similar negotiable
61.24 	instrument for which sufficient funds are not available or that
61.25 	is dishonored, notice to the candidate of the worthless
61.26 	instrument must be sent by the filing officer via registered
61.27 	mail no later than immediately upon the closing of the filing
61.28 	deadline with return receipt requested.  The candidate will have
61.29 	five days from the time the filing officer receives proof of
61.30 	receipt to issue a check or other instrument for which
61.31 	sufficient funds are available.  The candidate issuing the
61.32 	worthless instrument is liable for a service charge pursuant to
61.33 	section 604.113.  If adequate payment is not made, the name of
61.34 	the candidate must not appear on any official ballot and the
61.35 	candidate is liable for all costs incurred by election officials
61.36 	in removing the name from the ballot.

62.1 	Sec. 45. [204B.275] VOTER'S GUIDE.
62.2 		Subdivision 1.Guide required. At least 21 days before
62.3 	the state primary and the state general election, the secretary
62.4 	of state shall publish a voter's guide.  The secretary of state
62.5 	shall mail the voter's guide to every household in the state and
62.6 	then publish the guide on the secretary of state's Web site.
62.7 		Subd. 2.General information. The voter's guide must
62.8 	include general voter information, including:  requirements for
62.9 	voter eligibility; procedures for voter registration; day and
62.10 	date of election and hours to vote; information on how to find
62.11 	the location of the voter's correct polling place; information
62.12 	on procedures for obtaining application forms for voting by
62.13 	absentee ballot; information on assistance available to persons
62.14 	with disabilities and the right to time off from work to vote;
62.15 	maps of election districts and telephone numbers of state and
62.16 	county election officials; information about the political
62.17 	contribution refund program; and street address, telephone
62.18 	number, and Web site for the campaign finance and public
62.19 	disclosure board.
62.20 		Subd. 3.Political party information. The voter's guide
62.21 	must include political party information, including:  the name
62.22 	of each political party that has a candidate on the ballot in
62.23 	any partisan state or federal race; a summary of each party's
62.24 	basic purpose, written and authorized by the party in 250 words
62.25 	or less; and mailing address, telephone number, and Web site of
62.26 	each state party headquarters.
62.27 		Subd. 4.Elected office information. The voter's guide
62.28 	must include elected office information, including:  each state
62.29 	and federal office to which candidates are to be nominated or
62.30 	elected at the current election; requirements and procedures to
62.31 	get on the ballot for each office; eligibility requirements and
62.32 	salary for each office; duties and responsibilities of each
62.33 	office; length of term for each office and number of terms
62.34 	allowed; street address, telephone number, and Web site of the
62.35 	office (if available); and name of current office holder and
62.36 	number of terms served.
63.1 		Subd. 5.Candidate information. The voter's guide must
63.2 	include candidate information for all state and federal offices
63.3 	to which candidates are to be nominated or elected, including
63.4 	the following:
63.5 	(1) candidates listed in alphabetical order after the
63.6 	description of the office they are seeking;
63.7 	(2) biographical information on each candidate provided by
63.8 	the candidate, not to exceed 50 words, and including political
63.9 	party affiliation (if running for partisan office), date of
63.10 	birth, number of years living in this state, current city or
63.11 	town of residence, current occupation, occupational background,
63.12 	educational background, experience with civic organizations,
63.13 	awards, and prior government experience;
63.14 	(3) a candidate photo if provided by the candidate;
63.15 	(4) a candidate statement for partisan offices only, if
63.16 	provided by the candidate and not to exceed 250 words; and 
63.17 	(5) address, telephone number, and Web site for the
63.18 	candidate's campaign.
63.19 		Subd. 6.Constitutional amendments. The voter's guide
63.20 	must include proposed constitutional amendment information,
63.21 	including:  requirements and procedures to get an amendment on
63.22 	the ballot; a summary of each proposed amendment written by the
63.23 	chief house and senate authors of the legislation proposing the
63.24 	amendment and not to exceed 100 words; the estimated cost of the
63.25 	proposed amendment determined by an independent financial
63.26 	analyst secured by the secretary of state; one statement in
63.27 	favor of and one statement against the amendment, not to exceed
63.28 	250 words each, and names of individuals or organizations
63.29 	writing or supporting those arguments; and the full text of the
63.30 	proposed amendment.  To obtain arguments for and against an
63.31 	amendment, the secretary of state shall request the arguments
63.32 	from the public 120 days before the general election.  The
63.33 	amendment's legislative authors may write a statement in support
63.34 	of their amendment, or may select from those submitted to the
63.35 	secretary of state.  The secretary of state shall select the
63.36 	most persuasive statement against the amendment.
64.1 		Subd. 7.Forms. The secretary of state or county auditor
64.2 	shall provide each person filing an affidavit of candidacy for
64.3 	state or federal office with blank forms and instructions to be
64.4 	used by the candidates to submit information for the voter's
64.5 	guide.  Candidates must submit information for the voter's guide
64.6 	to the secretary of state no later than six weeks before the
64.7 	state primary election.  The secretary of state shall not edit
64.8 	any of the material submitted by a candidate.  The secretary of
64.9 	state shall provide the candidates an opportunity to review
64.10 	their own submitted material before publication.
64.11 		Subd. 8.Rejection of statement. The secretary of state
64.12 	must reject and immediately return to the candidate any
64.13 	statement that exceeds the word limit provided in this section
64.14 	or that contains obscene or defamatory language, or contains any
64.15 	language that may not be legally circulated through the mail.
64.16 	No later than five business days after the rejection of any
64.17 	material submitted by a candidate, an appeal of the decision of
64.18 	the secretary of state may be made to the board of review.  The
64.19 	board of review consists of one member appointed by each of the
64.20 	following:  the governor, speaker of the house, house minority
64.21 	leader, senate majority leader, and senate minority leader.  The
64.22 	decision of the board in any appeal made as provided in this
64.23 	subdivision is final.  Nothing in this section exempts the
64.24 	author of the material submitted to the secretary of state from
64.25 	any civil or criminal action for defamation or fraud.  The
64.26 	person writing, signing, or offering a statement to the
64.27 	secretary of state is deemed its author and publisher.
64.28 		Subd. 9.Cost. The cost of producing the voter's guide
64.29 	must be paid from appropriations made to the secretary of state
64.30 	from the state elections campaign fund.

64.31 	Sec. 46. Minnesota Statutes 2004, section 211A.13, is
64.32 	amended to read:
64.33 	211A.13 PROHIBITED TRANSFERS.
64.34 	A candidate for political subdivision office must not
64.35 	accept contributions from the principal campaign committee of a
64.36 	candidate as defined in section 10A.01 10B.01, subdivision 34 
65.1 	8.  A candidate for political subdivision office must not make
65.2 	contributions to a principal campaign committee, unless the
65.3 	contribution is made from the personal funds of the candidate
65.4 	for political subdivision office.

65.5 	Sec. 47. Minnesota Statutes 2004, section 211B.12, is
65.6 	amended to read:
65.7 	211B.12 LEGAL EXPENDITURES.
65.8 	Use of money collected for political purposes is prohibited
65.9 	unless the use is reasonably related to the conduct of election
65.10 	campaigns, or is a noncampaign disbursement as defined in
65.11 	section 10A.01 10B.01, subdivision 26 20.  The following are
65.12 	permitted expenditures when made for political purposes:
65.13 	(1) salaries, wages, and fees;
65.14 	(2) communications, mailing, transportation, and travel;
65.15 	(3) campaign advertising;
65.16 	(4) printing;
65.17 	(5) office and other space and necessary equipment,
65.18 	furnishings, and incidental supplies;
65.19 	(6) charitable contributions of not more than $50 to any
65.20 	charity annually; and
65.21 	(7) other expenses, not included in clauses (1) to (6),
65.22 	that are reasonably related to the conduct of election campaigns.
65.23 	In addition, expenditures made for the purpose of providing
65.24 	information to constituents, whether or not related to the
65.25 	conduct of an election, are permitted expenses.  Money collected
65.26 	for political purposes and assets of a political committee or
65.27 	political fund may not be converted to personal use.

65.28 	Sec. 48. Minnesota Statutes 2004, section 211B.15,
65.29 	subdivision 16, is amended to read:
65.30 		Subd. 16.Employee political fund solicitation.  Any
65.31 	solicitation of political contributions by an employee must be
65.32 	in writing, informational and nonpartisan in nature, and not
65.33 	promotional for any particular candidate or group of
65.34 	candidates.  The solicitation must consist only of a general
65.35 	request on behalf of an independent political committee ( a 
65.36 	conduit fund ) , and as defined in section 10B.01, subdivision 9,
66.1 	and must state that there is no minimum contribution, that a
66.2 	contribution or lack thereof will in no way impact the
66.3 	employee's employment, that the employee must direct the
66.4 	contribution to candidates of the employee's choice, and that
66.5 	any response by the employee shall remain confidential and shall
66.6 	not be directed to the employee's supervisors or managers.
66.7 	Questions from an employee regarding a solicitation may be
66.8 	answered orally or in writing consistent with the above
66.9 	requirements.  Nothing in this subdivision authorizes a
66.10 	corporate donation of an employee's time prohibited under
66.11 	subdivision 2.

66.12 	Sec. 49. [211B.22] PARTICIPATING CANDIDATE CAMPAIGN
66.13 	MATERIAL.
66.14 	A candidate may not claim in any campaign material or
66.15 	communication to be a "participating candidate" unless the
66.16 	candidate has been designated a participating candidate by the
66.17 	campaign finance and public disclosure board under section
66.18 	10B.22 for participating in the public subsidy program.

66.19 	Sec. 50. Minnesota Statutes 2004, section 290.191,
66.20 	subdivision 5, is amended to read:
66.21 		Subd. 5.Determination of sales factor.  For purposes of
66.22 	this section, the following rules apply in determining the sales
66.23 	factor.
66.24 	(a) The sales factor includes all sales, gross earnings, or
66.25 	receipts received in the ordinary course of the business, except
66.26 	that the following types of income are not included in the sales
66.27 	factor:
66.28 	(1) interest;
66.29 	(2) dividends;
66.30 	(3) sales of capital assets as defined in section 1221 of
66.31 	the Internal Revenue Code;
66.32 	(4) sales of property used in the trade or business, except
66.33 	sales of leased property of a type which is regularly sold as
66.34 	well as leased;
66.35 	(5) sales of debt instruments as defined in section
66.36 	1275(a)(1) of the Internal Revenue Code or sales of stock; and
67.1 	(6) royalties, fees, or other like income of a type which
67.2 	qualify for a subtraction from federal taxable income under
67.3 	section 290.01, subdivision 19d(10).
67.4 	(b) Sales of tangible personal property are made within
67.5 	this state if the property is received by a purchaser at a point
67.6 	within this state, and the taxpayer is taxable in this state,
67.7 	regardless of the f.o.b. point, other conditions of the sale, or
67.8 	the ultimate destination of the property.
67.9 	(c) Tangible personal property delivered to a common or
67.10 	contract carrier or foreign vessel for delivery to a purchaser
67.11 	in another state or nation is a sale in that state or nation,
67.12 	regardless of f.o.b. point or other conditions of the sale. If
67.13 	the taxpayer is not taxable in the state of the delivery and the
67.14 	property is shipped from an office, factory, warehouse, or other
67.15 	place of storage in this state, sales of tangible personal
67.16 	property outside this state are attributed to this state
67.17 	regardless of the terms of shipping, delivery, or other
67.18 	conditions of sale.
67.19 	(d) Notwithstanding paragraphs (b) and (c), when
67.20 	intoxicating liquor, wine, fermented malt beverages, cigarettes,
67.21 	or tobacco products are sold to a purchaser who is licensed by a
67.22 	state or political subdivision to resell this property only
67.23 	within the state of ultimate destination, the sale is made in
67.24 	that state.
67.25 	(e) Sales made by or through a corporation that is
67.26 	qualified as a domestic international sales corporation under
67.27 	section 992 of the Internal Revenue Code are not considered to
67.28 	have been made within this state.
67.29 	(f) Sales, rents, royalties, and other income in connection
67.30 	with real property is attributed to the state in which the
67.31 	property is located.
67.32 	(g) Receipts from the lease or rental of tangible personal
67.33 	property, including finance leases and true leases, must be
67.34 	attributed to this state if the property is located in this
67.35 	state and to other states if the property is not located in this
67.36 	state.  Receipts from the lease or rental of moving property
68.1 	including, but not limited to, motor vehicles, rolling stock,
68.2 	aircraft, vessels, or mobile equipment are included in the
68.3 	numerator of the receipts factor to the extent that the property
68.4 	is used in this state.  The extent of the use of moving property
68.5 	is determined as follows:
68.6 	(1) A motor vehicle is used wholly in the state in which it
68.7 	is registered.
68.8 	(2) The extent that rolling stock is used in this state is
68.9 	determined by multiplying the receipts from the lease or rental
68.10 	of the rolling stock by a fraction, the numerator of which is
68.11 	the miles traveled within this state by the leased or rented
68.12 	rolling stock and the denominator of which is the total miles
68.13 	traveled by the leased or rented rolling stock.
68.14 	(3) The extent that an aircraft is used in this state is
68.15 	determined by multiplying the receipts from the lease or rental
68.16 	of the aircraft by a fraction, the numerator of which is the
68.17 	number of landings of the aircraft in this state and the
68.18 	denominator of which is the total number of landings of the
68.19 	aircraft.
68.20 	(4) The extent that a vessel, mobile equipment, or other
68.21 	mobile property is used in the state is determined by
68.22 	multiplying the receipts from the lease or rental of the
68.23 	property by a fraction, the numerator of which is the number of
68.24 	days during the taxable year the property was in this state and
68.25 	the denominator of which is the total days in the taxable year.
68.26 	(h) Royalties and other income not described in paragraph
68.27 	(a), clause (6), received for the use of or for the privilege of
68.28 	using intangible property, including patents, know-how,
68.29 	formulas, designs, processes, patterns, copyrights, trade names,
68.30 	service names, franchises, licenses, contracts, customer lists,
68.31 	or similar items, must be attributed to the state in which the
68.32 	property is used by the purchaser.  If the property is used in
68.33 	more than one state, the royalties or other income must be
68.34 	apportioned to this state pro rata according to the portion of
68.35 	use in this state.  If the portion of use in this state cannot
68.36 	be determined, the royalties or other income must be excluded
69.1 	from both the numerator and the denominator.  Intangible
69.2 	property is used in this state if the purchaser uses the
69.3 	intangible property or the rights therein in the regular course
69.4 	of its business operations in this state, regardless of the
69.5 	location of the purchaser's customers.
69.6 	(i) Sales of intangible property are made within the state
69.7 	in which the property is used by the purchaser.  If the property
69.8 	is used in more than one state, the sales must be apportioned to
69.9 	this state pro rata according to the portion of use in this
69.10 	state.  If the portion of use in this state cannot be
69.11 	determined, the sale must be excluded from both the numerator
69.12 	and the denominator of the sales factor.  Intangible property is
69.13 	used in this state if the purchaser used the intangible property
69.14 	in the regular course of its business operations in this state.
69.15 	(j) Receipts from the performance of services must be
69.16 	attributed to the state where the services are received.  For
69.17 	the purposes of this section, receipts from the performance of
69.18 	services provided to a corporation, partnership, or trust may
69.19 	only be attributed to a state where it has a fixed place of
69.20 	doing business.  If the state where the services are received is
69.21 	not readily determinable or is a state where the corporation,
69.22 	partnership, or trust receiving the service does not have a
69.23 	fixed place of doing business, the services shall be deemed to
69.24 	be received at the location of the office of the customer from
69.25 	which the services were ordered in the regular course of the
69.26 	customer's trade or business.  If the ordering office cannot be
69.27 	determined, the services shall be deemed to be received at the
69.28 	office of the customer to which the services are billed. If the
69.29 	taxpayer is not taxable in the state of the purchaser, the sale
69.30 	is attributed to this state if the greater proportion of the
69.31 	service is performed in this state.
69.32 	
EFFECTIVE DATE. This section is effective for taxable
69.33 	years beginning after December 31, 2004.

69.34 	Sec. 51. Minnesota Statutes 2004, section 340A.404,
69.35 	subdivision 10, is amended to read:
69.36 		Subd. 10.Temporary on-sale licenses.  The governing body
70.1 	of a municipality may issue to (1) a club or charitable,
70.2 	religious, or other nonprofit organization in existence for at
70.3 	least three years, (2) a political committee registered under
70.4 	section 10A.14 10B.07, or (3) a state university, a temporary
70.5 	license for the on-sale of intoxicating liquor in connection
70.6 	with a social event within the municipality sponsored by the
70.7 	licensee.  The license may authorize the on-sale of intoxicating
70.8 	liquor for not more than four consecutive days, and may
70.9 	authorize on-sales on premises other than premises the licensee
70.10 	owns or permanently occupies.  The license may provide that the
70.11 	licensee may contract for intoxicating liquor catering services
70.12 	with the holder of a full-year on-sale intoxicating liquor
70.13 	license issued by any municipality.  The licenses are subject to
70.14 	the terms, including a license fee, imposed by the issuing
70.15 	municipality.  Licenses issued under this subdivision are
70.16 	subject to all laws and ordinances governing the sale of
70.17 	intoxicating liquor except sections 340A.409 and 340A.504,
70.18 	subdivision 3, paragraph (d), and those laws and ordinances
70.19 	which by their nature are not applicable.  Licenses under this
70.20 	subdivision are not valid unless first approved by the
70.21 	commissioner of public safety.
70.22 	A county under this section may issue a temporary license
70.23 	only to a premises located in the unincorporated or unorganized
70.24 	territory of the county.

70.25 	Sec. 52. Minnesota Statutes 2004, section 353.03,
70.26 	subdivision 1, is amended to read:
70.27 		Subdivision 1.Management; composition; election.  The
70.28 	management of the public employees retirement fund is vested in
70.29 	an 11-member board of trustees consisting of ten members and the
70.30 	state auditor who may designate a deputy auditor with expertise
70.31 	in pension matters as the auditor's representative on the
70.32 	board.  The governor shall appoint five trustees to four-year
70.33 	terms, one of whom shall be designated to represent school
70.34 	boards, one to represent cities, one to represent counties, one
70.35 	who is a retired annuitant, and one who is a public member
70.36 	knowledgeable in pension matters.  The membership of the
71.1 	association, including recipients of retirement annuities and
71.2 	disability and survivor benefits, shall elect five trustees, one
71.3 	of whom must be a member of the police and fire fund and one of
71.4 	whom must be a former member who met the definition of public
71.5 	employee under section 353.01, subdivisions 2 and 2a, for at
71.6 	least five years prior to terminating membership or a member who
71.7 	receives a disability benefit, for terms of four years.  Except
71.8 	as provided in this subdivision, trustees elected by the
71.9 	membership of the association must be public employees and
71.10 	members of the association.  For seven days beginning October 1
71.11 	of each year preceding a year in which an election is held, the
71.12 	association shall accept at its office filings in person or by
71.13 	mail of candidates for the board of trustees.  A candidate shall
71.14 	submit at the time of filing a nominating petition signed by 25
71.15 	or more members of the fund.  No name may be withdrawn from
71.16 	nomination by the nominee after October 15.  At the request of a
71.17 	candidate for an elected position on the board of trustees, the
71.18 	board shall mail a statement of up to 300 words prepared by the
71.19 	candidate to all persons eligible to vote in the election of the
71.20 	candidate.  The board may adopt policies to govern form and
71.21 	length of these statements, timing of mailings, and deadlines
71.22 	for submitting materials to be mailed.  These policies must be
71.23 	approved by the secretary of state.  The secretary of state
71.24 	shall resolve disputes between the board and a candidate
71.25 	concerning application of these policies to a particular
71.26 	statement.  A candidate who:
71.27 	(1) receives contributions or makes expenditures in excess
71.28 	of $100; or
71.29 	(2) has given implicit or explicit consent for any other
71.30 	person to receive contributions or make expenditures in excess
71.31 	of $100 for the purpose of bringing about the candidate's
71.32 	election, shall file a report with the campaign finance and
71.33 	public disclosure board disclosing the source and amount of all
71.34 	contributions to the candidate's campaign.  The campaign finance
71.35 	and public disclosure board shall prescribe forms governing
71.36 	these disclosures.  Expenditures and contributions have the
72.1 	meaning defined in section 10A.01 10B.01.  These terms do not
72.2 	include the mailing made by the association board on behalf of
72.3 	the candidate.  A candidate shall file a report within 30 days
72.4 	from the day that the results of the election are announced.
72.5 	The Campaign Finance and Public Disclosure Board shall maintain
72.6 	these reports and make them available for public inspection in
72.7 	the same manner as the board maintains and makes available other
72.8 	reports filed with it.  By January 10 of each year in which
72.9 	elections are to be held the board shall distribute by mail to
72.10 	the members ballots listing the candidates.  No member may vote
72.11 	for more than one candidate for each board position to be
72.12 	filled.  A ballot indicating a vote for more than one person for
72.13 	any position is void.  No special marking may be used on the
72.14 	ballot to indicate incumbents.  The last day for mailing ballots
72.15 	to the fund is January 31.  Terms expire on January 31 of the
72.16 	fourth year, and positions are vacant until newly elected
72.17 	members are qualified.  The ballot envelopes must be so designed
72.18 	and the ballots counted in a manner that ensures that each vote
72.19 	is secret.
72.20 	The secretary of state shall supervise the elections.  The
72.21 	board of trustees and the executive director shall undertake
72.22 	their activities consistent with chapter 356A.

72.23 	Sec. 53. Minnesota Statutes 2004, section 383B.042,
72.24 	subdivision 5, is amended to read:
72.25 		Subd. 5.Transition.
 72.33 		Subdivision 1.Election cycle. Notwithstanding Minnesota
72.34 	Statutes, section 10B.01, subdivision 14, the first election
72.35 	cycle begins on the effective date of Minnesota Statutes,
72.36 	section 10B.13, and concludes on December 31 following the next
73.1 	general election for the office.
73.2 		Subd. 2.Contribution limits. Contributions to a
73.3 	candidate that were made before the effective date of Minnesota
73.4 	Statutes, section 10B.13, and were lawful when made need not be
73.5 	refunded, even though they exceed the new limits on
73.6 	contributions in Minnesota Statutes, section 10B.13.
73.7 		Subd. 3.Expenditure limits. All spending limit
73.8 	agreements filed with the campaign finance and public disclosure
73.9 	board before the effective date of Minnesota Statutes, section
73.10 	10B.19, become void on that date and all eligibility for
73.11 	continued public subsidies under Minnesota Statutes, chapter 10A
73.12 	or 290, is ended on that date.  The new expenditure limits and
73.13 	eligibility for a public subsidy under this act apply to
73.14 	candidates who sign and file with the campaign finance and
73.15 	public disclosure board a new spending limit agreement under
73.16 	Minnesota Statutes, section 10B.19, on or after its effective
73.17 	date.
73.18 		Subd. 4.Carryforward. The carryforward limitations in
73.19 	Minnesota Statutes, section 10B.24, apply to assets on hand on
73.20 	the effective date of that section, except that capital assets
73.21 	of a principal campaign committee acquired more than 90 days
73.22 	before the effective date of Minnesota Statutes, section 10B.24,
73.23 	may be carried forward to the first election cycle under this
73.24 	act without limit on their value.

73.25 	Sec. 55. REPEALER.
 73.26 	Minnesota Statutes 2004, sections 10A.01, subdivisions 3,
73.27 	4, 6, 7, 9, 10, 11, 12, 13, 15, 16, 17, 18, 20, 23, 25, 26, 27,
73.28 	28, 29, 30, 32, 34, and 36; 10A.105; 10A.11; 10A.12; 10A.13;
73.29 	10A.14; 10A.15; 10A.16; 10A.17; 10A.18; 10A.20; 10A.24; 10A.241;
73.30 	10A.242; 10A.25; 10A.255; 10A.257; 10A.27; 10A.273; 10A.275;
73.31 	10A.28; 10A.29; 10A.30; 10A.31; 10A.315; 10A.321; 10A.322;
73.32 	10A.323; 10A.324; and 290.06, subdivision 23, are repealed.

73.33 	Sec. 56. INSTRUCTION TO REVISOR.
 73.34 	In the next edition of Minnesota Statutes, the revisor of
73.35 	statutes must note that the sections of Minnesota Statutes
73.36 	listed in column A have been reenacted, as amended, as the
74.1 	sections of Minnesota Statutes listed in column B, as follows:
74.2 	Column A Column B
74.3 	10A.01, subd. 3 10B.01, subd. 2
74.4 	               subd. 4 subd. 3
74.5 	               subd. 6 subd. 4
74.6 	               subd. 7 subd. 5
74.7 	               subd. 9 subd. 7
74.8 	               subd. 10 subd. 8
74.9 	               subd. 10a subd. 9
74.10 	               subd. 11 subd. 10
74.11 	               subd. 12 subd. 11
74.12 	               subd. 13 subd. 12
74.13 	               subd. 15 subd. 13
74.14 	               subd. 16 subd. 14
74.15 	               subd. 17 subd. 15
74.16 	               subd. 18 subd. 16
74.17 	               subd. 20 subd. 17
74.18 	               subd. 23 subd. 18
74.19 	               subd. 25 subd. 19
74.20 	               subd. 26 subd. 20
74.21 	               subd. 27 subd. 21
74.22 	               subd. 28 subd. 22
74.23 	               subd. 29 subd. 23
74.24 	               subd. 30 subd. 24
74.25 	               subd. 32 subd. 25
74.26 	               subd. 34 subd. 26
74.27 	               subd. 36 subd. 27
74.28 	10A.10510B.02
74.29 	10A.1110B.03
74.30 	10A.1210B.04
74.31 	10A.1310B.06
74.32 	10A.1410B.07
74.33 	10A.1510B.08
74.34 	10A.1610B.09
74.35 	10A.1710B.10
74.36 	10A.1810B.11
75.1 	10A.2010B.12
75.2 	10A.2410B.27
75.3 	10A.24110B.28
75.4 	10A.24210B.26
75.5 	10A.2510B.17
75.6 	10A.25510B.22, subd. 3
75.7 	10A.25710B.24
75.8 	10A.2710B.13
75.9 	10A.27310B.14
75.10 	10A.27510B.19
75.11 	10A.28, subd. 1 10B.25, subd. 2
75.12 	               subd. 2 subd. 1
75.13 	               subd. 3 subd. 3
75.14 	               subd. 4 subd. 4
75.15 	10A.2910B.15
75.16 	10A.31510B.22, subd. 6
75.17 	10A.32210B.19
75.18 	10A.32310B.20
75.19 	10A.32410B.23
75.20 	290.06, subd. 23 10B.16 

75.21 	Sec. 57. EFFECTIVE DATE.
 75.22 	Except as otherwise provided, this act is effective August
75.23 	1, 2005.