HF 535

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to campaign finance; clarifying definitions; 
  1.3             authorizing campaign finance and public disclosure 
  1.4             board to issue advisory opinions on the Fair Campaign 
  1.5             Practices Act; facilitating reports of last-minute 
  1.6             contributions; clarifying campaign finance 
  1.7             requirements; changing distribution of public 
  1.8             subsidies to political candidates; requiring return of 
  1.9             public subsidies under certain conditions; providing 
  1.10            civil penalties; amending Minnesota Statutes 1998, 
  1.11            sections 10A.01, subdivisions 7, 10b, and 23; 10A.02, 
  1.12            subdivision 12; 10A.03, subdivision 3; 10A.04, 
  1.13            subdivisions 5 and 7; 10A.065, subdivisions 1, 3, and 
  1.14            by adding a subdivision; 10A.08; 10A.09, subdivision 
  1.15            7; 10A.14, subdivision 4; 10A.15, subdivisions 3, 3a, 
  1.16            5, and by adding subdivisions; 10A.20, subdivisions 2, 
  1.17            3, 5, 6b, 12, and by adding a subdivision; 10A.23; 
  1.18            10A.25, subdivision 10, and by adding a subdivision; 
  1.19            10A.255, subdivision 1; 10A.27, subdivision 12; 
  1.20            10A.275, subdivision 1; 10A.28, subdivisions 1 and 2; 
  1.21            10A.31, subdivisions 7 and 10; 10A.315; 10A.322, 
  1.22            subdivisions 1 and 4; 10A.324, subdivision 1; 10A.34; 
  1.23            200.02, subdivision 7, and by adding a subdivision; 
  1.24            211A.02, subdivision 2; 211A.12; 211B.02; and 290.06, 
  1.25            subdivision 23; proposing coding for new law in 
  1.26            Minnesota Statutes, chapter 211A; repealing Minnesota 
  1.27            Statutes 1998, sections 10A.09, subdivision 3; and 
  1.28            10A.25, subdivision 13. 
  1.29  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.30     Section 1.  Minnesota Statutes 1998, section 10A.01, 
  1.31  subdivision 7, is amended to read: 
  1.32     Subd. 7.  [CONTRIBUTION.] "Contribution" means a transfer 
  1.33  of funds or a donation in kind. 
  1.34     "Contribution" includes any loan or advance of credit to a 
  1.35  political committee, political fund, or principal campaign 
  1.36  committee, which loan or advance of credit is (a) forgiven, or 
  1.37  (b) paid by an individual or an association other than the 
  2.1   political committee, political fund, or principal campaign 
  2.2   committee to which the loan or advance of credit is made.  If an 
  2.3   advance of credit or a loan is forgiven or paid as provided in 
  2.4   this subdivision, it is a contribution in the year in which the 
  2.5   loan or advance of credit is made. 
  2.6      A contribution made for the purpose of defeating a 
  2.7   candidate is considered made for the purpose of influencing the 
  2.8   nomination or election of that candidate or any opponent of that 
  2.9   candidate. 
  2.10     "Contribution" does not include services provided without 
  2.11  compensation by an individual volunteering personal time on 
  2.12  behalf of a candidate, ballot question, political committee, or 
  2.13  political fund, or. 
  2.14     "Contribution" does not include: 
  2.15     (1) the use of a volunteer's private residence to hold a 
  2.16  fundraising event; or 
  2.17     (2) the use of a volunteer's motor vehicle to transport the 
  2.18  volunteer as part of a campaign activity. 
  2.19     "Contribution" does not include the publishing or 
  2.20  broadcasting of news items or editorial comments by the news 
  2.21  media. 
  2.22     Sec. 2.  Minnesota Statutes 1998, section 10A.01, 
  2.23  subdivision 10b, is amended to read: 
  2.24     Subd. 10b.  [INDEPENDENT EXPENDITURE.] "Independent 
  2.25  expenditure" means an expenditure expressly advocating the 
  2.26  nomination, election, or defeat of a clearly identified 
  2.27  candidate, which expenditure that is made without the express or 
  2.28  implied consent, authorization, or cooperation of, and not in 
  2.29  concert with or at the request or suggestion of, any candidate 
  2.30  or any candidate's principal campaign committee or agent.  An 
  2.31  independent expenditure is not a contribution to that 
  2.32  candidate.  An expenditure by a political party or political 
  2.33  party unit, as defined in section 10A.275, subdivision 3, in a 
  2.34  race where the political party has a candidate on the ballot, 
  2.35  during an election cycle when the political party or party unit 
  2.36  receives a public subsidy from the state election campaign fund 
  3.1   or participates in the political contribution refund program, is 
  3.2   not an independent expenditure. 
  3.3      Sec. 3.  Minnesota Statutes 1998, section 10A.01, 
  3.4   subdivision 23, is amended to read: 
  3.5      Subd. 23.  [BALLOT QUESTION.] "Ballot question" means a 
  3.6   question or proposition which is placed on the ballot and which 
  3.7   may be voted on by all voters of the state.  "Promoting or 
  3.8   defeating a ballot question" includes activities related to 
  3.9   qualifying the question for placement on the ballot.  
  3.10     Sec. 4.  Minnesota Statutes 1998, section 10A.02, 
  3.11  subdivision 12, is amended to read: 
  3.12     Subd. 12.  [ADVISORY OPINIONS.] (a) The board may issue and 
  3.13  publish advisory opinions on the requirements of this 
  3.14  chapter and chapter 211B based upon real or hypothetical 
  3.15  situations.  An application for an advisory opinion may be made 
  3.16  only by an individual or association who wishes to use the 
  3.17  opinion to guide the individual's or the association's own 
  3.18  conduct.  The board shall issue written opinions on all such 
  3.19  questions submitted to it within 30 days after receipt of 
  3.20  written application, unless a majority of the board agrees to 
  3.21  extend the time limit.  
  3.22     (b) A written advisory opinion issued by the board is 
  3.23  binding on the board in any subsequent board proceeding 
  3.24  concerning the person making or covered by the request and is a 
  3.25  defense in a judicial proceeding that involves the subject 
  3.26  matter of the opinion and is brought against the person making 
  3.27  or covered by the request unless: 
  3.28     (1) the board has amended or revoked the opinion before the 
  3.29  initiation of the board or judicial proceeding, has notified the 
  3.30  person making or covered by the request of its action, and has 
  3.31  allowed at least 30 days for the person to do anything that 
  3.32  might be necessary to comply with the amended or revoked 
  3.33  opinion; 
  3.34     (2) the request has omitted or misstated material facts; or 
  3.35     (3) the person making or covered by the request has not 
  3.36  acted in good faith in reliance on the opinion. 
  4.1      (c) A request for an opinion and the opinion itself are 
  4.2   nonpublic data.  The board, however, may publish an opinion or a 
  4.3   summary of an opinion, but may not include in the publication 
  4.4   the name of the requester, the name of a person covered by a 
  4.5   request from an agency or political subdivision, or any other 
  4.6   information that might identify the requester unless the person 
  4.7   consents to the inclusion. 
  4.8      Sec. 5.  Minnesota Statutes 1998, section 10A.03, 
  4.9   subdivision 3, is amended to read: 
  4.10     Subd. 3.  [NOTICE; LATE FILING.] The board shall notify by 
  4.11  certified mail or personal service any lobbyist who fails to 
  4.12  file a registration form within five days after becoming a 
  4.13  lobbyist.  If a lobbyist fails to file a form within seven ten 
  4.14  days after receiving this the notice was mailed, the board may 
  4.15  impose a late filing fee at $5 $25 per day, not to exceed 
  4.16  $100 $500, commencing with the eighth 11th day after receiving 
  4.17  the notice was mailed.  The board shall further notify by 
  4.18  certified mail or personal service any lobbyist who fails to 
  4.19  file a form within 21 days of receiving a first notice that the 
  4.20  lobbyist may be subject to a criminal penalty for failure to 
  4.21  file the form.  A lobbyist who knowingly fails to file a form 
  4.22  within seven 30 days after receiving a second notice from the 
  4.23  board learning that the filing is required is guilty of a 
  4.24  misdemeanor. 
  4.25     Sec. 6.  Minnesota Statutes 1998, section 10A.04, 
  4.26  subdivision 5, is amended to read: 
  4.27     Subd. 5.  [LATE FILING.] The board shall notify by 
  4.28  certified mail or personal service any lobbyist or principal who 
  4.29  fails after seven days after a filing date imposed by this 
  4.30  section to file a report or statement required by this section.  
  4.31  If a lobbyist or principal fails to file a report within seven 
  4.32  ten days after receiving this the notice was mailed, the board 
  4.33  may impose a late filing fee of $5 $25 per day, not to 
  4.34  exceed $100 $500, commencing with the eighth 11th day after 
  4.35  receiving the notice was mailed.  The board shall further notify 
  4.36  by certified mail or personal service any lobbyist who fails to 
  5.1   file a report within 21 days after receiving a first notice that 
  5.2   the lobbyist may be subject to a criminal penalty for failure to 
  5.3   file the report.  A lobbyist who knowingly fails to file such a 
  5.4   report or statement within seven 30 days after receiving a 
  5.5   second notice from the board learning that the filing is 
  5.6   required is guilty of a misdemeanor. 
  5.7      Sec. 7.  Minnesota Statutes 1998, section 10A.04, 
  5.8   subdivision 7, is amended to read: 
  5.9      Subd. 7.  [FINANCIAL RECORDS.] The board may randomly audit 
  5.10  the financial records of lobbyists and principals required to 
  5.11  report under this section.  Lobbyists and principals shall 
  5.12  retain for four years after the report was filed all records 
  5.13  concerning the matters reported under this chapter, including 
  5.14  vouchers, canceled checks, bills, invoices, worksheets, and 
  5.15  receipts. 
  5.16     Sec. 8.  Minnesota Statutes 1998, section 10A.065, 
  5.17  subdivision 1, is amended to read: 
  5.18     Subdivision 1.  [REGISTERED LOBBYIST CONTRIBUTIONS; 
  5.19  LEGISLATIVE SESSION.] A candidate for the legislature or for 
  5.20  constitutional office, a candidate's principal campaign 
  5.21  committee, any other political committee with the candidate's 
  5.22  name or title, any committee authorized by the candidate, or a 
  5.23  political committee established by all or a part of the party 
  5.24  organization within a house of the legislature, shall not 
  5.25  solicit or accept a contribution on behalf of a candidate's 
  5.26  principal campaign committee, any other political committee with 
  5.27  the candidate's name or title, any committee authorized by the 
  5.28  candidate, or a political committee established by all or a part 
  5.29  of the party organization within a house of the legislature, 
  5.30  from a registered lobbyist, political committee, or political 
  5.31  fund during a regular session of the legislature.  The lobbyist, 
  5.32  political committee, or political fund shall not make the 
  5.33  contribution.  For a candidate for governor or lieutenant 
  5.34  governor, the prohibition in this subdivision extends to the 14 
  5.35  days immediately following adjournment of the legislature in 
  5.36  either year of a biennium.  
  6.1      Sec. 9.  Minnesota Statutes 1998, section 10A.065, 
  6.2   subdivision 3, is amended to read: 
  6.3      Subd. 3.  [CIVIL PENALTY.] A candidate or, political 
  6.4   committee, political fund, or lobbyist that violates this 
  6.5   section is subject to a civil fine of up to $500.  If the board 
  6.6   makes a public finding that there is probable cause to believe a 
  6.7   violation of this section has occurred, the board shall bring an 
  6.8   action, or transmit the finding to a county attorney who shall 
  6.9   bring an action, in the district court of Ramsey county, to 
  6.10  impose a civil fine as prescribed by the board.  Fines paid 
  6.11  under this section must be deposited in the general fund in the 
  6.12  state treasury. 
  6.13     Sec. 10.  Minnesota Statutes 1998, section 10A.065, is 
  6.14  amended by adding a subdivision to read: 
  6.15     Subd. 6.  [FEDERAL OFFICES.] This section does not prohibit 
  6.16  a candidate from soliciting or accepting a contribution to a 
  6.17  campaign for a federal office.  
  6.18     Sec. 11.  Minnesota Statutes 1998, section 10A.08, is 
  6.19  amended to read: 
  6.20     10A.08 [REPRESENTATION DISCLOSURE.] 
  6.21     Any public official who represents a client for a fee 
  6.22  before any individual, board, commission or agency that has rule 
  6.23  making authority in a hearing conducted under chapter 14, shall 
  6.24  disclose the official's participation in the action to the board 
  6.25  within 14 days after the appearance.  The board shall notify by 
  6.26  certified mail or personal service any public official who fails 
  6.27  to disclose the participation within 14 days after the 
  6.28  appearance.  If the public official fails to disclose the 
  6.29  participation within seven ten days of after this notice was 
  6.30  mailed, the board may impose a late filing fee of $5 $25 per 
  6.31  day, not to exceed $100 $500, commencing on the eighth 11th day 
  6.32  after receiving the notice was mailed. 
  6.33     Sec. 12.  Minnesota Statutes 1998, section 10A.09, 
  6.34  subdivision 7, is amended to read: 
  6.35     Subd. 7.  [LATE FILING.] The board shall notify by 
  6.36  certified mail or personal service any individual who fails 
  7.1   within the prescribed time to file a statement of economic 
  7.2   interest required by this section.  If an individual fails to 
  7.3   file a statement within seven ten days after receiving this the 
  7.4   notice was mailed, the board may impose a late filing fee 
  7.5   of $5 $25 per day, not to exceed $100 $500, commencing on 
  7.6   the eighth 11th day after receiving the notice was 
  7.7   mailed.  The board shall further notify by certified mail or 
  7.8   personal service any individual who fails to file a statement 
  7.9   within 21 days after receiving a first notice that the 
  7.10  individual may be subject to a criminal penalty for failure to 
  7.11  file a statement.  An individual who knowingly fails to file a 
  7.12  statement within seven 30 days after a second notice learning 
  7.13  that the filing is required is guilty of a misdemeanor. 
  7.14     Sec. 13.  Minnesota Statutes 1998, section 10A.14, 
  7.15  subdivision 4, is amended to read: 
  7.16     Subd. 4.  [NOTICE OF FAILURE TO FILE; PENALTY.] The board 
  7.17  shall notify by certified mail or personal service any 
  7.18  individual who fails to file a statement required by this 
  7.19  section.  If an individual fails to file a statement within 
  7.20  seven ten days after receiving a the notice was mailed, the 
  7.21  board may impose a late filing fee of $5 $25 per day, not to 
  7.22  exceed $100 $500, commencing with the eighth 11th day after 
  7.23  receiving the notice was mailed.  The board shall further notify 
  7.24  by certified mail or personal service any individual who fails 
  7.25  to file a statement within 21 days after receiving a first 
  7.26  notice that such individual may be subject to a criminal penalty 
  7.27  for failure to file the report.  An individual who knowingly 
  7.28  fails to file the statement within seven 30 days after receiving 
  7.29  a second notice from the board learning that the filing is 
  7.30  required is guilty of a misdemeanor. 
  7.31     Sec. 14.  Minnesota Statutes 1998, section 10A.15, 
  7.32  subdivision 3, is amended to read: 
  7.33     Subd. 3.  [DEPOSIT IN ACCOUNT.] All transfers received by 
  7.34  or on behalf of any candidate, political committee or political 
  7.35  fund shall be deposited in an account designated "Campaign Fund 
  7.36  of ..... (name of candidate, committee or fund)."  All transfers 
  8.1   shall be deposited promptly upon within 30 days after receipt 
  8.2   and, except for transfers received during the last three days of 
  8.3   any reporting period as described in section 10A.20, shall be 
  8.4   deposited during the reporting period in which they were 
  8.5   received.  Any transfer received during the last three days of a 
  8.6   reporting period shall be deposited within 72 hours of receipt 
  8.7   and shall be reported as received during the reporting period 
  8.8   whether or not deposited within that period.  Any deposited 
  8.9   transfer may be returned to the contributor within 60 days of 
  8.10  deposit.  A transfer deposited and not returned within 60 days 
  8.11  of that deposit shall be deemed for the purposes of this 
  8.12  chapter, to be accepted by the candidate, political committee or 
  8.13  political fund. 
  8.14     Sec. 15.  Minnesota Statutes 1998, section 10A.15, 
  8.15  subdivision 3a, is amended to read: 
  8.16     Subd. 3a.  [EXCEEDING CONTRIBUTION LIMITS.] No treasurer of 
  8.17  a principal campaign committee of a candidate or of a political 
  8.18  committee or political fund shall deposit any transfer which on 
  8.19  its face exceeds the limit on contributions to that candidate or 
  8.20  political committee or political fund prescribed by section 
  8.21  10A.27 unless, at the time of deposit, the treasurer issues a 
  8.22  check to the source for the amount of the excess. 
  8.23     Sec. 16.  Minnesota Statutes 1998, section 10A.15, 
  8.24  subdivision 5, is amended to read: 
  8.25     Subd. 5.  [LOBBYIST, POLITICAL COMMITTEE, OR POLITICAL FUND 
  8.26  REGISTRATION NUMBER ON CHECKS.] A contribution made to a 
  8.27  candidate by a lobbyist, political committee, or political fund 
  8.28  that makes a contribution to a candidate must show on the 
  8.29  contribution the name of the lobbyist, political committee, or 
  8.30  political fund and the number under which it is registered with 
  8.31  the board.  A candidate may rely upon the presence or absence of 
  8.32  a registration number in determining whether the contribution is 
  8.33  from a lobbyist and is not subject to a civil penalty for the 
  8.34  failure of a contributor to comply with this subdivision.  The 
  8.35  contributor is subject to a civil penalty imposed by the board. 
  8.36     Sec. 17.  Minnesota Statutes 1998, section 10A.15, is 
  9.1   amended by adding a subdivision to read: 
  9.2      Subd. 6.  [CONTRIBUTIONS NOT DISCLOSING OCCUPATION.] A 
  9.3   political committee or political fund must return to the 
  9.4   contributor within 60 days after it was received any 
  9.5   contribution of more than $100 for which the committee or fund 
  9.6   has not recorded the name, address, and employer, or occupation 
  9.7   if self-employed, of the contributor.  
  9.8      Sec. 18.  Minnesota Statutes 1998, section 10A.15, is 
  9.9   amended by adding a subdivision to read: 
  9.10     Subd. 7.  [CONTRIBUTION FROM A JOINT ACCOUNT.] A 
  9.11  contribution given by a check drawn on a joint account may be 
  9.12  considered to be a contribution by the owners of the joint 
  9.13  account in equal shares if the contributor notifies the 
  9.14  recipient that is the contributor's intent.  If the amount of 
  9.15  the contribution is larger than the amount that may be accepted 
  9.16  from an individual, the notice must be in writing. 
  9.17     Sec. 19.  Minnesota Statutes 1998, section 10A.20, 
  9.18  subdivision 2, is amended to read: 
  9.19     Subd. 2.  [TIME FOR FILING.] The reports shall be filed 
  9.20  with the board on or before January 31 of each year and 
  9.21  additional reports shall be filed as required and in accordance 
  9.22  with clauses (a) and, (b), and (c).  
  9.23     (a) In each year in which the name of the candidate is on 
  9.24  the ballot, the report of the principal campaign committee shall 
  9.25  be filed 15 days before a primary and ten days before a general 
  9.26  election, seven days before a special primary and a special 
  9.27  election, and ten days after a special election cycle.  The 
  9.28  report due after a special election may be filed on January 31 
  9.29  following the special election if the special election is held 
  9.30  not more than 60 days before that date.  
  9.31     (b) In each general election year political committees and 
  9.32  political funds other than principal campaign committees shall 
  9.33  file reports ten 15 days before a primary and ten days before a 
  9.34  general election.  
  9.35     If a scheduled filing date falls on a Saturday, Sunday or 
  9.36  legal holiday, the filing date shall be the next regular 
 10.1   business day. 
 10.2      (c) A political committee or political fund that makes 
 10.3   independent expenditures related to a special election shall 
 10.4   file reports on the expenditures seven days before the special 
 10.5   primary and special election and ten days after the special 
 10.6   election cycle. 
 10.7      Sec. 20.  Minnesota Statutes 1998, section 10A.20, 
 10.8   subdivision 3, is amended to read: 
 10.9      Subd. 3.  [CONTENTS OF REPORT.] Each report under this 
 10.10  section shall disclose: 
 10.11     (a) The amount of liquid assets on hand at the beginning of 
 10.12  the reporting period; 
 10.13     (b) The name, address and employer, or occupation if 
 10.14  self-employed, of each individual, political committee or 
 10.15  political fund who within the year has made one or more 
 10.16  transfers or donations in kind to the political committee or 
 10.17  political fund, including the purchase of tickets for all fund 
 10.18  raising efforts, which in aggregate exceed $100 for legislative 
 10.19  or statewide candidates or ballot questions, together with the 
 10.20  amount and date of each transfer or donation in kind, and the 
 10.21  aggregate amount of transfers and donations in kind within the 
 10.22  year from each source so disclosed.  A donation in kind shall be 
 10.23  disclosed at its fair market value.  An approved expenditure is 
 10.24  listed as a donation in kind.  A donation in kind is considered 
 10.25  consumed in the reporting period in which it is received.  The 
 10.26  names of contributors shall be listed in alphabetical order; 
 10.27     (c) The sum of contributions to the political committee or 
 10.28  political fund during the reporting period; 
 10.29     (d) Each loan made or received by the political committee 
 10.30  or political fund within the year in aggregate in excess of 
 10.31  $100, continuously reported until repaid or forgiven, together 
 10.32  with the name, address, occupation and the principal place of 
 10.33  business, if any, of the lender and any endorser and the date 
 10.34  and amount of the loan.  If any loan made to the principal 
 10.35  campaign committee of a candidate is forgiven at any time or 
 10.36  repaid by any entity other than that principal campaign 
 11.1   committee, it shall be reported as a contribution for the year 
 11.2   in which the loan was made; 
 11.3      (e) Each receipt in excess of $100 not otherwise listed 
 11.4   under clauses (b) to (d); 
 11.5      (f) The sum of all receipts of the political committee or 
 11.6   political fund during the reporting period; 
 11.7      (g) The name and address of each individual or association 
 11.8   to whom aggregate expenditures, including approved expenditures, 
 11.9   have been made by or on behalf of the political committee or 
 11.10  political fund within the year in excess of $100, together with 
 11.11  the amount, date and purpose of each expenditure and the name 
 11.12  and address of, and office sought by, each candidate on whose 
 11.13  behalf the expenditure was made, identification of the ballot 
 11.14  question which the expenditure is intended to promote or defeat, 
 11.15  and in the case of independent expenditures made in support of 
 11.16  or opposition to a candidate, the name, address and office 
 11.17  sought for each such candidate; 
 11.18     (h) The sum of all expenditures made by or on behalf of the 
 11.19  political committee or political fund during the reporting 
 11.20  period; 
 11.21     (i) The amount and nature of any advance of credit incurred 
 11.22  by the political committee or political fund, continuously 
 11.23  reported until paid or forgiven.  If any advance of credit 
 11.24  incurred by the principal campaign committee of a candidate is 
 11.25  forgiven at any time by the creditor or paid by any entity other 
 11.26  than that principal campaign committee, it shall be reported as 
 11.27  a donation in kind for the year in which the advance of credit 
 11.28  was incurred; 
 11.29     (j) The name and address of each political committee, 
 11.30  political fund, or principal campaign committee to which 
 11.31  aggregate transfers in excess of $100 have been made within the 
 11.32  year, together with the amount and date of each transfer; 
 11.33     (k) The sum of all transfers made by the political 
 11.34  committee, political fund, or principal campaign committee 
 11.35  during the reporting period; 
 11.36     (l) Except for contributions to a candidate or committee 
 12.1   for a candidate for office in a municipality as defined in 
 12.2   section 471.345, subdivision 1, the name and address of each 
 12.3   individual or association to whom aggregate noncampaign 
 12.4   disbursements in excess of $100 have been made within the year 
 12.5   by or on behalf of a principal campaign committee, political 
 12.6   committee, or political fund, together with the amount, date, 
 12.7   and purpose of each noncampaign disbursement; 
 12.8      (m) The sum of all noncampaign disbursements made within 
 12.9   the year by or on behalf of a principal campaign committee, 
 12.10  political committee, or political fund; 
 12.11     (n) The name and address of a nonprofit corporation that 
 12.12  provides administrative assistance to a political committee or 
 12.13  political fund as authorized by section 211B.15, subdivision 17, 
 12.14  together with the type of administrative assistance provided and 
 12.15  the aggregate fair market value of each type of assistance 
 12.16  provided to the political committee or political fund during the 
 12.17  reporting period; and 
 12.18     (o) A report filed under subdivision 2, clause (b), by a 
 12.19  political committee or political fund that is subject to 
 12.20  subdivision 14, must contain the information required by 
 12.21  subdivision 14, if the political committee or political fund has 
 12.22  solicited and caused others to make aggregate contributions 
 12.23  greater than $5,000 between January 1 of the general election 
 12.24  year and the end of the reporting period.  This disclosure 
 12.25  requirement is in addition to the report required by subdivision 
 12.26  14. 
 12.27     Sec. 21.  Minnesota Statutes 1998, section 10A.20, 
 12.28  subdivision 5, is amended to read: 
 12.29     Subd. 5.  [PRE-ELECTION REPORTS.] In any statewide or 
 12.30  legislative election any loan, contribution, or contributions 
 12.31  from any one source totaling $2,000 $250 or more, or in any 
 12.32  legislative election totaling more than $400, received between 
 12.33  the last day covered in the last report prior to an election and 
 12.34  the election shall be reported to the board in one of the 
 12.35  following ways: 
 12.36     (1) in person within 48 hours after its receipt; 
 13.1      (2) by telegram or mailgram within 48 hours after its 
 13.2   receipt; or 
 13.3      (3) by certified first-class mail sent within 48 hours 
 13.4   after its receipt; 
 13.5      (4) by facsimile transmission received by the board within 
 13.6   48 hours after the contribution was received; or 
 13.7      (5) by any other method of electronic transmission approved 
 13.8   by the board and received by the board within 48 hours after the 
 13.9   contribution was received. 
 13.10     These loans and contributions must also be reported in the 
 13.11  next required report. 
 13.12     The 48-hour notice requirement does not apply with respect 
 13.13  to a primary if the statewide or legislative candidate is 
 13.14  unopposed in that primary. 
 13.15     Sec. 22.  Minnesota Statutes 1998, section 10A.20, 
 13.16  subdivision 6b, is amended to read: 
 13.17     Subd. 6b.  [INDEPENDENT EXPENDITURES; NOTICE.] (a) The 
 13.18  notice in this subdivision applies only to expenditures made in 
 13.19  a general election year after the deadline for the report due 
 13.20  before the primary election and made before the general election.
 13.21     (b) Within 24 48 hours after an individual, political 
 13.22  committee, or political fund makes or becomes obligated by oral 
 13.23  or written agreement to make an independent expenditure in 
 13.24  support of a candidate in excess of $100, other than an 
 13.25  expenditure by an association targeted to inform solely its own 
 13.26  dues-paying members of the association's position on a candidate 
 13.27  the amount that may be contributed to the candidate, or in 
 13.28  opposition to a candidate in excess of the amount that may be 
 13.29  contributed to the candidate's opponent, the individual, 
 13.30  political committee, or political fund shall file with the board 
 13.31  an affidavit notifying the board a notice of the intent to make 
 13.32  the independent expenditure and serve a copy of the affidavit 
 13.33  notice on each candidate in the affected race and on the 
 13.34  treasurer of the candidate's principal campaign committee.  
 13.35  The affidavit notice must contain the information with respect 
 13.36  to the expenditure that is required to be reported under 
 14.1   subdivision 3, paragraph (g); except that if an expenditure is 
 14.2   reported before it is made, the notice must include a reasonable 
 14.3   estimate of the anticipated amount (h).  Each new expenditure 
 14.4   requires a new notice. 
 14.5      (b) (c) A notice is not required for an expenditure by an 
 14.6   association targeted to inform solely its own members of the 
 14.7   association's position on a candidate. 
 14.8      (d) An individual or the treasurer of a political committee 
 14.9   or political fund who fails to give notice as required by this 
 14.10  subdivision, or who files a false affidavit of notice, is guilty 
 14.11  of a gross misdemeanor and is subject to a civil fine of up to 
 14.12  four times the amount of the independent expenditure stated in 
 14.13  the notice or of which notice was required, whichever is greater.
 14.14     Sec. 23.  Minnesota Statutes 1998, section 10A.20, 
 14.15  subdivision 12, is amended to read: 
 14.16     Subd. 12.  [FAILURE TO FILE; PENALTY.] The board shall 
 14.17  notify by certified mail or personal service any individual who 
 14.18  fails to file a statement required by this section.  If an 
 14.19  individual fails to file a statement due January 31 within seven 
 14.20  ten days after receiving a notice was mailed, the board may 
 14.21  impose a late filing fee of $5 $25 per day, not to exceed 
 14.22  $100 $500, commencing on the eighth 11th day after receiving 
 14.23  notice was mailed.  If an individual fails to file a statement 
 14.24  due before any primary or election within three days of the date 
 14.25  due, regardless of whether the individual has received any 
 14.26  notice, the board may impose a late filing fee of $50 $100 per 
 14.27  day, not to exceed $500 $1,000, commencing on the fourth day 
 14.28  after the date the statement was due.  The board shall further 
 14.29  notify by certified mail or personal service any individual who 
 14.30  fails to file any statement within 14 days after receiving a 
 14.31  first notice from the board that the individual may be subject 
 14.32  to a criminal penalty for failure to file a statement.  An 
 14.33  individual who knowingly fails to file the statement within 
 14.34  seven 30 days after receiving a second notice from the board 
 14.35  learning that the filing is required is guilty of a misdemeanor. 
 14.36  The late filing fee may be paid out of the assets of the 
 15.1   political committee or fund. 
 15.2      Sec. 24.  Minnesota Statutes 1998, section 10A.20, is 
 15.3   amended by adding a subdivision to read: 
 15.4      Subd. 15.  [EQUITABLE RELIEF.] A candidate whose opponent 
 15.5   does not timely file the report due ten days before the general 
 15.6   election may petition the district court for immediate equitable 
 15.7   relief to enforce the filing requirement.  
 15.8      Sec. 25.  Minnesota Statutes 1998, section 10A.23, is 
 15.9   amended to read: 
 15.10     10A.23 [CHANGES AND CORRECTIONS.] 
 15.11     Subdivision 1.  [REPORT.] Any material changes in 
 15.12  information previously submitted and any corrections to a report 
 15.13  or statement shall be reported in writing to the board within 
 15.14  ten days following the date of the event prompting the change or 
 15.15  the date upon which the person filing became aware learned of 
 15.16  the inaccuracy.  The change or correction shall identify the 
 15.17  form and the paragraph containing the information to be changed 
 15.18  or corrected.  If the board determines that a report or 
 15.19  statement is inaccurate or incomplete, the board shall notify by 
 15.20  certified mail the person who filed the report or statement of 
 15.21  the need to correct it. 
 15.22     Subd. 2.  [PENALTY.] If the person fails to file a 
 15.23  corrected report or statement within ten days after the notice 
 15.24  was mailed, the board may impose a late filing fee at the rate 
 15.25  of $25 per day, not to exceed $500, commencing with the 11th day.
 15.26     Any person who willfully fails to report a material change 
 15.27  or correction within 30 days after learning of the inaccuracy is 
 15.28  guilty of a gross misdemeanor. 
 15.29     Sec. 26.  Minnesota Statutes 1998, section 10A.25, 
 15.30  subdivision 10, is amended to read: 
 15.31     Subd. 10.  [EFFECT OF OPPONENT'S CONDUCT.] (a) A candidate 
 15.32  who has agreed to be bound by the expenditure limits imposed by 
 15.33  this section as a condition of receiving a public subsidy for 
 15.34  the candidate's campaign is may choose to be released from the 
 15.35  expenditure limits but remains remain eligible to receive a 
 15.36  public subsidy if the candidate has an opponent who does has not 
 16.1   agree agreed to be bound by the limits and receives has received 
 16.2   contributions or makes made or becomes become obligated to make 
 16.3   expenditures during that election cycle in excess of the 
 16.4   following limits: 
 16.5      (1) up to ten days during the reporting period before the 
 16.6   primary election, receipts or expenditures equal to 20 percent 
 16.7   of the expenditure limit for that office as set forth in 
 16.8   subdivision 2; or 
 16.9      (2) after ten days before the primary election that 
 16.10  reporting period, cumulative receipts or expenditures during 
 16.11  that election cycle equal to 50 percent of the expenditure limit 
 16.12  for that office as set forth in subdivision 2. 
 16.13     Before the primary election, a candidate's "opponents" are 
 16.14  only those who will appear on the ballot of the same party in 
 16.15  the primary election. 
 16.16     (b) A candidate who has not agreed to be bound by 
 16.17  expenditure limits, or the candidate's principal campaign 
 16.18  committee, shall file written notice with the board and provide 
 16.19  written notice to any opponent of the candidate for the same 
 16.20  office within 24 hours of exceeding the limits in paragraph (a), 
 16.21  clause (2).  The notice must state only that the candidate or 
 16.22  candidate's principal campaign committee has received 
 16.23  contributions or made or become obligated to make campaign 
 16.24  expenditures in excess of the limits in paragraph (a), clause 
 16.25  (2). 
 16.26     (c) Upon receipt of the notice the, a candidate who has 
 16.27  agreed to be bound by the limits is may file with the board a 
 16.28  notice that the candidate chooses to be no longer bound by the 
 16.29  expenditure limits.  A notice of a candidate's choice not to be 
 16.30  bound by the expenditure limits that is based on the conduct of 
 16.31  an opponent in the state primary election may not be filed more 
 16.32  than one day after the state canvassing board has declared the 
 16.33  results of the state primary. 
 16.34     (d) A candidate who has agreed to be bound by the 
 16.35  expenditure limits imposed by this section and whose opponent in 
 16.36  the general election has chosen, as provided in paragraph (c), 
 17.1   not to be bound by the expenditure limits because of the conduct 
 17.2   of an opponent in the primary election is no longer bound by the 
 17.3   limits but remains eligible to receive a public subsidy. 
 17.4      Sec. 27.  Minnesota Statutes 1998, section 10A.25, is 
 17.5   amended by adding a subdivision to read: 
 17.6      Subd. 14.  [INDEPENDENT EXPENDITURES BY PRINCIPAL CAMPAIGN 
 17.7   COMMITTEES.] The principal campaign committee of a candidate may 
 17.8   not make independent expenditures in support of or in opposition 
 17.9   to another candidate, as defined in section 10A.01, subdivision 
 17.10  5; or 211A.01, subdivision 3. 
 17.11     Sec. 28.  Minnesota Statutes 1998, section 10A.255, 
 17.12  subdivision 1, is amended to read: 
 17.13     Subdivision 1.  [METHOD OF CALCULATION.] The dollar amounts 
 17.14  provided in section 10A.25, subdivision 2, must be adjusted for 
 17.15  general election years as provided in this section.  By June 1 
 17.16  of the general election year, the executive director of the 
 17.17  board shall determine the percentage increase in the consumer 
 17.18  price index from December of the year preceding the last general 
 17.19  election year to December of the year preceding the year in 
 17.20  which the determination is made.  The dollar amounts used for 
 17.21  the preceding general election year must be multiplied by that 
 17.22  percentage.  The product of the calculation must be added to 
 17.23  each dollar amount to produce the dollar limitations to be in 
 17.24  effect for the next general election.  The product must be 
 17.25  rounded up to the next highest whole dollar.  The index used 
 17.26  must be the revised consumer price index for all urban consumers 
 17.27  for the St. Paul-Minneapolis metropolitan area prepared by the 
 17.28  United States Department of Labor with 1982 as a base year. 
 17.29     Sec. 29.  Minnesota Statutes 1998, section 10A.27, 
 17.30  subdivision 12, is amended to read: 
 17.31     Subd. 12.  [CONTRIBUTIONS TO OTHER POLITICAL COMMITTEES OR 
 17.32  FUNDS.] The treasurer of a political committee or political fund 
 17.33  that makes contributions to candidates, other than a candidate's 
 17.34  principal campaign committee or a political party unit as 
 17.35  defined in section 10A.275, shall not permit the political 
 17.36  committee or political fund to accept aggregate contributions 
 18.1   from an individual, political committee, or political fund in an 
 18.2   amount more than $100 $2,000 a year. 
 18.3      Sec. 30.  Minnesota Statutes 1998, section 10A.275, 
 18.4   subdivision 1, is amended to read: 
 18.5      Subdivision 1.  [EXCEPTIONS.] Notwithstanding any other 
 18.6   provisions of this chapter, the following expenditures by a 
 18.7   state political party, a party unit, or two or more party units 
 18.8   acting together, with at least one party unit being either:  the 
 18.9   state party organization or the party organization within a 
 18.10  congressional district, county, or legislative district, shall 
 18.11  not be considered contributions to or expenditures on behalf of 
 18.12  any candidate for the purposes of section 10A.25 or 10A.27, and 
 18.13  shall not be allocated to any candidates pursuant to section 
 18.14  10A.22, subdivision 5: 
 18.15     (a) (1) expenditures on behalf of candidates of that party 
 18.16  generally without referring to any of them specifically in any 
 18.17  advertisement published, posted or broadcast; or 
 18.18     (b) (2) expenditures for the preparation, display, mailing 
 18.19  or other distribution of an official party sample ballot listing 
 18.20  the names of three or more individuals whose names are to appear 
 18.21  on the ballot; 
 18.22     (c) expenditures for any telephone conversation including 
 18.23  the names of three or more individuals whose names are to appear 
 18.24  on the ballot; 
 18.25     (d) expenditures for any political party fundraising effort 
 18.26  on behalf of three or more candidates; or 
 18.27     (e) expenditures for party committee staff member services 
 18.28  that benefit three or more candidates.  
 18.29     Sec. 31.  Minnesota Statutes 1998, section 10A.28, 
 18.30  subdivision 1, is amended to read: 
 18.31     Subdivision 1.  [CANDIDATE EXCEEDING EXPENDITURE LIMITS.] A 
 18.32  candidate subject to the expenditure limits in section 10A.25 
 18.33  who permits the candidate's principal campaign committee to make 
 18.34  expenditures or permits approved expenditures to be made on the 
 18.35  candidate's behalf in excess of the limits imposed by section 
 18.36  10A.25, as adjusted by section 10A.255, may be ordered by the 
 19.1   board to return part or all of the public subsidy paid to the 
 19.2   candidate and is subject to a civil fine up to four times the 
 19.3   amount which the expenditures exceeded the limit. 
 19.4      Sec. 32.  Minnesota Statutes 1998, section 10A.28, 
 19.5   subdivision 2, is amended to read: 
 19.6      Subd. 2.  [CIVIL FINE.] A candidate who permits the 
 19.7   candidate's principal campaign committee to make or accept 
 19.8   contributions in excess of the limits imposed by section 10A.27, 
 19.9   and the treasurer of a political fund or political committee, 
 19.10  other than a principal campaign committee, who permits the 
 19.11  committee or fund to make or accept contributions in excess of 
 19.12  the limits imposed by section 10A.27, shall be subject to a 
 19.13  civil fine of up to four times the amount by which the 
 19.14  contribution exceeded the limits. 
 19.15     Sec. 33.  Minnesota Statutes 1998, section 10A.31, 
 19.16  subdivision 7, is amended to read: 
 19.17     Subd. 7.  [DISTRIBUTION OF GENERAL ACCOUNT.] Within two 
 19.18  weeks after certification by the state canvassing board of the 
 19.19  results of the general election (a) At the same time as it 
 19.20  distributes money from the party account under subdivision 6, 
 19.21  the board shall distribute the available funds in the general 
 19.22  account, as certified by the commissioner of revenue on November 
 19.23  September 1 and according to allocations set forth in 
 19.24  subdivision 5, in equal amounts to all major party candidates 
 19.25  for each statewide office who received at least five percent of 
 19.26  the votes cast in the general election for that office, and to 
 19.27  all candidates for or legislative office who received at least 
 19.28  ten percent of the votes cast in the general election for the 
 19.29  specific office for which they were candidates, provided that 
 19.30  the public subsidy under this subdivision may not be paid in an 
 19.31  amount that would cause the sum of the public subsidy paid from 
 19.32  the party account plus the public subsidy paid from the general 
 19.33  account and the public subsidy paid to match independent 
 19.34  expenditures to exceed 50 percent of the expenditure limit for 
 19.35  the candidate.  If a candidate is entitled to receive an 
 19.36  opponent's share of the general account public subsidy under 
 20.1   section 10A.25, subdivision 10, the opponent's share must be 
 20.2   excluded in calculating the 50 percent limit.  Money from the 
 20.3   general account not paid to a candidate because of the 50 
 20.4   percent limit must be distributed equally among all other 
 20.5   qualifying candidates for the same office until all have reached 
 20.6   the 50 percent limit or the balance in the general account is 
 20.7   exhausted.  The board shall not use the information contained in 
 20.8   the report of the principal campaign committee of any candidate 
 20.9   due ten days before the general election for the purpose of 
 20.10  reducing the amount due that candidate from the general account. 
 20.11     (b) If a candidate has not yet filed a campaign finance 
 20.12  report required by section 10A.20, subdivision 2, or the 
 20.13  candidate owes money to the board, the board shall not pay a 
 20.14  public subsidy to the candidate until the report has been filed 
 20.15  or the debt has been paid, whichever applies. 
 20.16     Sec. 34.  Minnesota Statutes 1998, section 10A.31, 
 20.17  subdivision 10, is amended to read: 
 20.18     Subd. 10.  [DISTRIBUTION.] In the event that on the date of 
 20.19  either certification by the commissioner of revenue as provided 
 20.20  in subdivisions 6 and 7, less than 98 percent of the tax returns 
 20.21  have been processed, the commissioner of revenue shall certify 
 20.22  to the board by December 1 the amount accumulated in each 
 20.23  account since the previous certification.  By December 15, the 
 20.24  board shall distribute to each candidate according to the 
 20.25  allocations as provided in subdivision 5 the amounts to which 
 20.26  the candidates are entitled in the form of checks made "payable 
 20.27  to the campaign fund of ......(name of candidate)......."  A 
 20.28  check may include as an additional payee a financial institution 
 20.29  named by the candidate in a notice filed with the board at least 
 20.30  ten days before the payment was due to be made.  Any money 
 20.31  accumulated after the final certification shall be maintained in 
 20.32  the respective accounts for distribution in the next general 
 20.33  election year. 
 20.34     Sec. 35.  Minnesota Statutes 1998, section 10A.315, is 
 20.35  amended to read: 
 20.36     10A.315 [SPECIAL ELECTION SUBSIDY.] 
 21.1      (a) Each eligible candidate for a legislative office in a 
 21.2   special election must be paid a public subsidy equal to the sum 
 21.3   of: 
 21.4      (1) the party account money at the last general election 
 21.5   for the candidate's party for the office the candidate is 
 21.6   seeking; and 
 21.7      (2) the general account money paid to candidates for the 
 21.8   same office at the last general election.  
 21.9      (b) If the filing period for the special election coincides 
 21.10  with the filing period for the general election, the candidate 
 21.11  must meet the matching requirements of section 10A.323 and the 
 21.12  special election subsidy must be distributed in the same manner 
 21.13  as money is distributed to legislative candidates in a general 
 21.14  election. 
 21.15     (c) If the filing period for the special election does not 
 21.16  coincide with the filing period for the general election, the 
 21.17  procedures in this paragraph apply.  A candidate who wishes to 
 21.18  receive this public subsidy must submit a signed agreement under 
 21.19  section 10A.322 to the board not later than the day after the 
 21.20  candidate files the affidavit of candidacy or nominating 
 21.21  petition for the office.  The candidate must meet the matching 
 21.22  requirements of section 10A.323, except that the candidate may 
 21.23  count contributions received during the two months immediately 
 21.24  preceding the special election, other than contributions the 
 21.25  candidate has previously included on an affidavit of 
 21.26  contributions for another election, and the amount of 
 21.27  contributions required is one-quarter of the amount stated in 
 21.28  section 10A.323.  The special election subsidy must be 
 21.29  distributed in the same manner as money in the party and general 
 21.30  accounts is distributed to legislative candidates in a general 
 21.31  election. 
 21.32     (d) The amount necessary to make the payments required by 
 21.33  this subdivision section is appropriated from the general fund 
 21.34  to the state treasurer board. 
 21.35     Sec. 36.  Minnesota Statutes 1998, section 10A.322, 
 21.36  subdivision 1, is amended to read: 
 22.1      Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
 22.2   condition of receiving a public subsidy, a candidate shall sign 
 22.3   and file with the board a written agreement in which the 
 22.4   candidate agrees that the candidate will comply with sections 
 22.5   10A.25 and 10A.324. 
 22.6      (b) Before the first day of filing for office, the board 
 22.7   shall forward agreement forms to all filing officers.  The board 
 22.8   shall also provide agreement forms to candidates on request at 
 22.9   any time.  The candidate may sign an agreement and submit it to 
 22.10  the filing officer on the day of filing an affidavit of 
 22.11  candidacy or petition to appear on the ballot, in which case the 
 22.12  filing officer shall without delay forward signed agreements to 
 22.13  the board.  Alternatively, the candidate may submit the 
 22.14  agreement directly to the board at any time before September 
 22.15  August 1 preceding the general election.  An agreement may not 
 22.16  be filed after that date.  An agreement once filed may not be 
 22.17  rescinded. 
 22.18     (c) The board shall forward a copy of any agreement signed 
 22.19  under this subdivision to the commissioner of revenue.  
 22.20     (d) Notwithstanding any provisions of this section, when a 
 22.21  vacancy occurs that will be filled by means of a special 
 22.22  election and the filing period does not coincide with the filing 
 22.23  period for the general election, a candidate may sign and submit 
 22.24  a spending limit agreement at any time before the deadline for 
 22.25  submission of a signed agreement under section 10A.315. 
 22.26     (e) A candidate who fills a vacancy in nomination that 
 22.27  occurs after the deadline in paragraph (b) may file a spending 
 22.28  limit agreement no later than the day after the candidate fills 
 22.29  the vacancy.  
 22.30     Sec. 37.  Minnesota Statutes 1998, section 10A.322, 
 22.31  subdivision 4, is amended to read: 
 22.32     Subd. 4.  [REFUND RECEIPT FORMS; PENALTY.] The board shall 
 22.33  make available to a political party as defined in section 
 22.34  290.06, subdivision 23, on request and to any candidate for whom 
 22.35  an agreement under this section is effective, a supply of 
 22.36  official refund receipt forms that state in boldface type that 
 23.1   (1) a contributor who is given a receipt form is eligible to 
 23.2   claim a refund as provided in section 290.06, subdivision 23, 
 23.3   and (2) if the contribution is to a candidate, that the 
 23.4   candidate has signed an agreement to limit campaign expenditures 
 23.5   as provided in this section.  The forms must provide duplicate 
 23.6   copies of the receipt to be attached to the contributor's 
 23.7   claim.  A candidate who does not sign an agreement under this 
 23.8   section and who willfully issues an official refund receipt form 
 23.9   or a facsimile of one to any of the candidate's contributors is 
 23.10  guilty of a misdemeanor.  A principal campaign committee or 
 23.11  party unit shall return to the board with its termination report 
 23.12  or destroy any official receipt forms that have not been issued. 
 23.13     Sec. 38.  Minnesota Statutes 1998, section 10A.324, 
 23.14  subdivision 1, is amended to read: 
 23.15     Subdivision 1.  [WHEN RETURN REQUIRED.] A candidate shall 
 23.16  return all or a portion of the public subsidy received from the 
 23.17  state elections campaign fund or the public matching subsidy 
 23.18  received under section 10A.315, under the circumstances in this 
 23.19  section or section 10A.25, subdivision 11. 
 23.20     (a) To the extent that the amount of public subsidy 
 23.21  received by the candidate exceeds the expenditure limits for the 
 23.22  office held or sought, as provided in section 10A.25 and as 
 23.23  adjusted by section 10A.255, the treasurer of the candidate's 
 23.24  principal campaign committee shall return the excess to the 
 23.25  board. 
 23.26     (b) To the extent that the amount of public subsidy 
 23.27  received exceeds the aggregate of:  (1) actual expenditures made 
 23.28  by the principal campaign committee of the candidate; and (2) 
 23.29  approved expenditures made on behalf of the candidate, the 
 23.30  treasurer of the candidate's principal campaign committee shall 
 23.31  return an amount equal to the difference to the board. 
 23.32     (c) If the board determines that a candidate has filed an 
 23.33  affidavit of contributions under section 10A.323 that is not 
 23.34  supported by the campaign finance reports filed by the candidate 
 23.35  under section 10A.20, the board shall notify the treasurer of 
 23.36  the candidate's principal campaign committee, withhold any 
 24.1   public subsidy not yet paid to the candidate, and demand return 
 24.2   of any public subsidy paid to the candidate for that election 
 24.3   cycle.  The treasurer shall return the entire public subsidy to 
 24.4   the board.  
 24.5      Sec. 39.  Minnesota Statutes 1998, section 10A.34, is 
 24.6   amended to read: 
 24.7      10A.34 [REMEDIES.] 
 24.8      Subdivision 1.  [PERSONAL LIABILITY.] A person charged with 
 24.9   a duty under sections 10A.02 to 10A.34 shall be this chapter is 
 24.10  personally liable for the penalty for failing to discharge it. 
 24.11     Subd. 1a.  [LATE FILING FEES.] The board may bring an 
 24.12  action in the district court in Ramsey county to recover any 
 24.13  late filing fee or civil penalty imposed or public subsidy paid 
 24.14  pursuant to any provision of this chapter.  All money recovered 
 24.15  shall be deposited in the general fund of the state. 
 24.16     Subd. 2.  [INJUNCTION.] The board or a county attorney may 
 24.17  seek an injunction in the district court to enforce the 
 24.18  provisions of sections 10A.02 to 10A.34 this chapter. 
 24.19     Subd. 3.  [NOT A CRIME.] Unless otherwise provided, a 
 24.20  violation of sections 10A.02 to 10A.34 this chapter is not a 
 24.21  crime, but is subject to a civil penalty imposed by the board of 
 24.22  up to $1,000. 
 24.23     Subd. 4.  [AWARD OF COSTS.] If the board prevails in an 
 24.24  action to enforce this chapter, the board may request and the 
 24.25  court may award to the board its costs, disbursements, 
 24.26  reasonable attorney fees, and witness fees.  
 24.27     Subd. 5.  [PENALTY FOR FALSE COMPLAINTS.] A person who 
 24.28  knowingly makes a false or bad faith complaint or report of an 
 24.29  alleged violation of this chapter is subject to a civil penalty 
 24.30  imposed by the board of up to $1,000.  
 24.31     Sec. 40.  Minnesota Statutes 1998, section 200.02, 
 24.32  subdivision 7, is amended to read: 
 24.33     Subd. 7.  [MAJOR POLITICAL PARTY.] "Major political party" 
 24.34  means a political party that maintains a party organization in 
 24.35  the state, political division or precinct in question and: 
 24.36     (a) which that has presented at least one candidate for 
 25.1   election to a partisan the office of presidential elector, 
 25.2   United States senator, or governor at the last preceding state 
 25.3   general election, which candidate received votes in each county 
 25.4   in that election and received votes from not less than five 
 25.5   percent of the total number of individuals who voted in that 
 25.6   election; or 
 25.7      (b) whose members present to the secretary of state a 
 25.8   petition for a place on the state partisan primary ballot, which 
 25.9   petition contains signatures of a number of the party members 
 25.10  equal to at least five percent of the total number of 
 25.11  individuals who voted in the preceding state general election. 
 25.12     Sec. 41.  Minnesota Statutes 1998, section 200.02, is 
 25.13  amended by adding a subdivision to read: 
 25.14     Subd. 23.  [POLITICAL PARTY UNIT.] "Political party unit" 
 25.15  means the state committee or the party organization within a 
 25.16  house of the legislature, congressional district, county, 
 25.17  legislative district, municipality, or precinct. 
 25.18     Sec. 42.  Minnesota Statutes 1998, section 211A.02, 
 25.19  subdivision 2, is amended to read: 
 25.20     Subd. 2.  [INFORMATION REQUIRED.] The report to be filed by 
 25.21  a candidate or committee must include:  
 25.22     (1) the name of the candidate or ballot question; 
 25.23     (2) the name and address of the person responsible for 
 25.24  filing the report; 
 25.25     (3) the total amount of receipts and expenditures for the 
 25.26  period from the last previous report to five days before the 
 25.27  current report is due; 
 25.28     (4) the purpose for each expenditure; and 
 25.29     (5) the name of any individual or committee that during the 
 25.30  year has made one or more contributions that in the aggregate 
 25.31  are equal to or greater more than $500 $100.  
 25.32     Sec. 43.  Minnesota Statutes 1998, section 211A.12, is 
 25.33  amended to read: 
 25.34     211A.12 [CONTRIBUTION LIMITS.] 
 25.35     Subdivision 1.  [INDIVIDUALS AND COMMITTEES.] A candidate 
 25.36  or a candidate's committee may not accept aggregate 
 26.1   contributions made or delivered by an individual or committee in 
 26.2   excess of $300 in an election year for the office sought and 
 26.3   $100 in other years; except that a candidate or a candidate's 
 26.4   committee for an office whose territory has a population over 
 26.5   100,000 may not accept aggregate contributions made or delivered 
 26.6   by an individual or committee in excess of $500 in an election 
 26.7   year for the office sought and $100 in other years.  
 26.8      The following deliveries are not subject to the bundling 
 26.9   limitation in this section:  
 26.10     (1) delivery of contributions collected by a member of the 
 26.11  candidate's committee, such as a block worker or a volunteer who 
 26.12  hosts a fundraising event, to the committee's treasurer; and 
 26.13     (2) a delivery made by an individual on behalf of the 
 26.14  individual's spouse. 
 26.15     Notwithstanding sections 211A.02, subdivision 3, and 
 26.16  410.21, this section supersedes any home rule charter.  
 26.17     Subd. 2.  [POLITICAL PARTY UNITS.] A candidate and a 
 26.18  candidate's committee together may accept contributions from 
 26.19  political party units in aggregate up to ten times the amount 
 26.20  that may be contributed to the candidate as set forth in 
 26.21  subdivision 1. 
 26.22     Sec. 44.  [211A.125] [MULTICANDIDATE POLITICAL PARTY 
 26.23  EXPENDITURES.] 
 26.24     The following expenditures by a party unit, or two or more 
 26.25  party units acting together, are not considered contributions to 
 26.26  a candidate for the purposes of section 211A.12 and must not be 
 26.27  allocated to candidates under section 211A.02, subdivision 2: 
 26.28     (1) expenditures on behalf of candidates of that party 
 26.29  generally without referring to any of them specifically in a 
 26.30  published, posted, or broadcast advertisement; or 
 26.31     (2) expenditures for the preparation, display, mailing, or 
 26.32  other distribution of an official party sample ballot listing 
 26.33  the names of three or more individuals whose names are to appear 
 26.34  on the ballot. 
 26.35     Sec. 45. [211A.14] [INDEPENDENT EXPENDITURES BY PRINCIPAL 
 26.36  CAMPAIGN COMMITTEES.] 
 27.1      The principal campaign committee of a candidate may not 
 27.2   make independent expenditures in support of or in opposition to 
 27.3   another candidate, as defined in section 211A.01, subdivision 3; 
 27.4   or 10A.01, subdivision 5. 
 27.5      Sec. 46.  Minnesota Statutes 1998, section 211B.02, is 
 27.6   amended to read: 
 27.7      211B.02 [FALSE CLAIM OF SUPPORT.] 
 27.8      A person or candidate may not knowingly make, directly or 
 27.9   indirectly, a false claim stating or implying that a candidate 
 27.10  or ballot question has the support or endorsement of a major 
 27.11  political party or party unit or of an organization.  A person 
 27.12  or candidate may not state in written campaign material that the 
 27.13  candidate or ballot question has the support or endorsement of 
 27.14  an individual or organization without first getting written 
 27.15  permission from the individual or organization to do so. 
 27.16     Sec. 47.  Minnesota Statutes 1998, section 290.06, 
 27.17  subdivision 23, is amended to read: 
 27.18     Subd. 23.  [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES 
 27.19  AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the 
 27.20  amount of the taxpayer's contributions made in the calendar year 
 27.21  to candidates and to any political party.  The maximum refund 
 27.22  for an individual must not exceed $50 and, for a married couple 
 27.23  filing jointly, must not exceed $100.  A refund of a 
 27.24  contribution is allowed only if the taxpayer files a form 
 27.25  required by the commissioner and attaches to the form a copy of 
 27.26  an official refund receipt form issued by the candidate or party 
 27.27  and signed by the candidate, the treasurer of the candidate's 
 27.28  principal campaign committee, or the party chair, after the 
 27.29  contribution was received.  The receipt forms must be numbered, 
 27.30  and the data on the receipt that are not public must be made 
 27.31  available to the campaign finance and public disclosure board 
 27.32  upon its request.  A claim must be filed with the commissioner 
 27.33  not sooner than January 1 of the calendar year in which the 
 27.34  contribution is made and no later than April 15 of the calendar 
 27.35  year following the calendar year in which the contribution is 
 27.36  made.  A taxpayer may file only one claim per calendar year.  
 28.1   Amounts paid by the commissioner after June 15 of the calendar 
 28.2   year following the calendar year in which the contribution is 
 28.3   made must include interest at the rate specified in section 
 28.4   270.76. 
 28.5      (b) No refund is allowed under this subdivision for a 
 28.6   contribution to any candidate unless the candidate: 
 28.7      (1) has signed an agreement to limit campaign expenditures 
 28.8   as provided in section 10A.322 or 10A.43; 
 28.9      (2) is seeking an office for which voluntary spending 
 28.10  limits are specified in section 10A.25 or 10A.43; and 
 28.11     (3) has designated a principal campaign committee.  
 28.12     This subdivision does not limit the campaign expenditure of 
 28.13  a candidate who does not sign an agreement but accepts a 
 28.14  contribution for which the contributor improperly claims a 
 28.15  refund.  
 28.16     (c) For purposes of this subdivision, "political party" 
 28.17  means a major political party as defined in section 200.02, 
 28.18  subdivision 7, or a minor political party qualifying for 
 28.19  inclusion on the income tax or property tax refund form under 
 28.20  section 10A.31, subdivision 3a.  
 28.21     A "major or minor party" includes the aggregate of the 
 28.22  party organization within each house of the legislature, the 
 28.23  state party organization, and the party organization within 
 28.24  congressional districts, counties, and legislative districts, 
 28.25  municipalities, and precincts.  
 28.26     "Candidate" means a congressional candidate as defined in 
 28.27  section 10A.41, subdivision 4, or a candidate as defined in 
 28.28  section 10A.01, subdivision 5, except a candidate for judicial 
 28.29  office.  
 28.30     "Contribution" means a gift of money. 
 28.31     (d) The commissioner shall make copies of the form 
 28.32  available to the public and candidates upon request. 
 28.33     (e) The following data collected or maintained by the 
 28.34  commissioner under this subdivision are private:  the identities 
 28.35  of individuals claiming a refund, the identities of candidates 
 28.36  to whom those individuals have made contributions, and the 
 29.1   amount of each contribution.  
 29.2      (f) The commissioner shall report to the campaign finance 
 29.3   and public disclosure board by August 1 of each year a summary 
 29.4   showing the total number and aggregate amount of political 
 29.5   contribution refunds made on behalf of each candidate and each 
 29.6   political party.  These data are public. 
 29.7      (g) The amount necessary to pay claims for the refund 
 29.8   provided in this section is appropriated from the general fund 
 29.9   to the commissioner of revenue. 
 29.10     Sec. 48.  [REPEALER.] 
 29.11     Minnesota Statutes 1998, sections 10A.09, subdivision 3; 
 29.12  and 10A.25, subdivision 13, are repealed. 
 29.13     Sec. 49.  [EFFECTIVE DATE.] 
 29.14     This act is effective August 1, 1999, except as follows: 
 29.15  section 37 is effective the day following final enactment; 
 29.16  section 46 applies to offenses committed on and after August 1, 
 29.17  1999; and section 42 is effective January 1, 2000.