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Capital IconMinnesota Legislature

HF 567

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  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; appropriating money; 
  1.10            amending Minnesota Statutes 2000, sections 10A.01, 
  1.11            subdivision 1; 10A.02, subdivisions 8, 10, 11, 11a, 
  1.12            12, and 13; 10A.025, subdivisions 1 and 2; 10A.071, 
  1.13            subdivision 3; 10A.34; 10A.37; 129D.13, by adding a 
  1.14            subdivision; 129D.14, by adding a subdivision; 
  1.15            204B.11, subdivision 1; 211A.13; 211B.12; 211B.15, 
  1.16            subdivision 16; 340A.404, subdivision 10; 353.03, 
  1.17            subdivision 1; and 383B.042, subdivision 5; proposing 
  1.18            coding for new law in Minnesota Statutes, chapters 5; 
  1.19            and 211B; proposing coding for new law as Minnesota 
  1.20            Statutes, chapter 10B; repealing Minnesota Statutes 
  1.21            2000, sections 10A.01, subdivisions 3, 4, 6, 7, 9, 10, 
  1.22            11, 12, 13, 15, 16, 17, 18, 20, 23, 25, 26, 27, 28, 
  1.23            29, 30, 32, 34, and 36; 10A.105; 10A.11; 10A.12; 
  1.24            10A.13; 10A.14; 10A.15; 10A.16; 10A.17; 10A.18; 
  1.25            10A.20; 10A.24; 10A.241; 10A.242; 10A.25; 10A.255; 
  1.26            10A.257; 10A.27; 10A.273; 10A.275; 10A.28; 10A.29; 
  1.27            10A.30; 10A.31; 10A.315; 10A.321; 10A.322; 10A.323; 
  1.28            10A.324; and 290.06, subdivision 23.  
  1.29  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.30     Section 1.  [FAIR AND CLEAN ELECTIONS ACT.] 
  1.31     This act may be cited as the Fair and Clean Elections Act.  
  1.32     Sec. 2.  [5.31] [VOTER'S GUIDE.] 
  1.33     Subdivision 1.  [GUIDE REQUIRED.] The secretary of state 
  1.34  shall publish a voter's guide for legislative and constitutional 
  1.35  offices.  The secretary of state shall adopt rules that 
  1.36  prescribe a form of campaign statement and portrait to be 
  1.37  submitted by each candidate for constitutional officer or for 
  2.1   the legislature who desires to be included in the voter's 
  2.2   
  2.3   guide.  The form of campaign statement must begin with the 
  2.4   candidate's occupation and a summary of the candidate's 
  2.5   occupational and educational background, including any prior 
  2.6   governmental experience.  The statement must include whether the 
  2.7   candidate has been designated by the campaign finance and public 
  2.8   disclosure board as participating in the public subsidy program 
  2.9   under section 10B.22.  The form must include a certain amount of 
  2.10  space for the candidate to make a statement about the 
  2.11  candidate's qualifications and goals for office.  Candidate 
  2.12  statements must not include statements about opponents, but must 
  2.13  be printed and submitted within the space allowed.  The form 
  2.14  must include spaces for the candidate to provide the secretary 
  2.15  of state with information about how the secretary of state may 
  2.16  contact the candidate during the review process required by 
  2.17  subdivision 4.  The secretary of state shall assemble the 
  2.18  statements and portraits into a voter's guide pamphlet and print 
  2.19  and mail the pamphlet to every registered voter and then publish 
  2.20  the information in the pamphlet on the secretary of state's Web 
  2.21  site. 
  2.22     Subd. 2.  [PORTRAIT.] The portrait must have been taken 
  2.23  within two years before the portrait is filed.  It must be a 
  2.24  conventional photograph with a plain background that shows the 
  2.25  face or the head, neck, and shoulders of the candidate.  The 
  2.26  portrait must not include the hands or anything held in the 
  2.27  hands of the candidate.  It must not show the candidate wearing 
  2.28  a judicial robe, a hat, or a military, police, or fraternal 
  2.29  uniform, or show the uniform or insignia of any organization.  
  2.30  The photograph must be prepared and processed for printing as 
  2.31  prescribed by the secretary of state.  The secretary of state 
  2.32  shall prescribe the size and manner of placement of the portrait 
  2.33  in the voter's guide, except that the size must not be smaller 
  2.34  than 1.5 inches by 1.75 inches and the requirements must be the 
  2.35  same for all candidates for the same nomination or office. 
  2.36     Subd. 3.  [MATERIAL EXCLUDED; LIABILITY.] The secretary of 
  2.37  state shall exclude from the voter's guide any statement that 
  3.1   contains any obscene, profane, or defamatory language that 
  3.2   incites or advocates hatred, abuse, or violence toward any 
  3.3   person or group, or contains language that may not be legally 
  3.4   circulated through the mail.  The persons writing, signing, or 
  3.5   offering a statement for filing are deemed its authors or 
  3.6   publishers, and this section does not exempt an author from 
  3.7   civil or criminal liability because of a defamatory statement 
  3.8   filed with the secretary of state and published in the voter's 
  3.9   guide.  The secretary of state by rule shall establish a 
  3.10  procedure to notify a person who filed a statement that was 
  3.11  excluded under this subdivision.  Subject to the deadlines 
  3.12  established for the voter's guide, the secretary of state shall 
  3.13  make reasonable attempts to notify the person of the exclusion 
  3.14  and allow the person to revise the statement so that it does not 
  3.15  violate this subdivision. 
  3.16     Subd. 4.  [REVIEW AND REVISION BY CANDIDATE.] The secretary 
  3.17  of state shall review each filed statement and portrait to 
  3.18  ensure they comply with the requirements of this section.  The 
  3.19  review must not include a determination of the accuracy or 
  3.20  truthfulness of the materials filed.  The secretary of state 
  3.21  must complete the review within three business days after the 
  3.22  filing deadline.  If the secretary of state determines that the 
  3.23  statement or portrait does not comply with the requirements of 
  3.24  this section, the secretary of state shall attempt to contact 
  3.25  the candidate no later than the fifth business day after the 
  3.26  filing deadline.  The candidate may file a revised statement or 
  3.27  portrait no later than the seventh business day after the filing 
  3.28  deadline. 
  3.29     Subd. 5.  [REVIEW AND REVISION BY SECRETARY OF STATE.] If 
  3.30  the secretary of state is unable to contact a candidate or if 
  3.31  the candidate does not file a revised statement or portrait, the 
  3.32  following requirements apply: 
  3.33     (a) If a statement does not comply with this section, the 
  3.34  secretary of state shall omit it from the voter's guide. 
  3.35     (b) If a portrait does not comply with this section, the 
  3.36  secretary of state may modify the portrait.  The candidate must 
  4.1   pay the cost of any modification before the portrait may be 
  4.2   published in the voter's guide.  If the portrait cannot be 
  4.3   modified to comply with this section, or if the candidate fails 
  4.4   or refuses to pay the cost of modification, the secretary of 
  4.5   state must not publish it. 
  4.6      Sec. 3.  Minnesota Statutes 2000, section 10A.01, 
  4.7   subdivision 1, is amended to read: 
  4.8      Subdivision 1.  [APPLICATION.] For the purposes of this 
  4.9   chapter and chapter 10B, the terms defined in this section have 
  4.10  the meanings given them unless the context clearly indicates 
  4.11  otherwise. 
  4.12     Sec. 4.  Minnesota Statutes 2000, section 10A.02, 
  4.13  subdivision 8, is amended to read: 
  4.14     Subd. 8.  [DUTIES.] (a) The board must report at the close 
  4.15  of each fiscal year to the legislature, the governor, and the 
  4.16  public concerning the action it has taken, the names, salaries, 
  4.17  and duties of all individuals in its employ, and the money it 
  4.18  has disbursed.  The board must include and identify in its 
  4.19  report any other reports it has made during the fiscal year.  It 
  4.20  may indicate apparent abuses and offer legislative 
  4.21  recommendations. 
  4.22     (b) The board must prescribe forms for statements and 
  4.23  reports required to be filed under this chapter or chapter 10B 
  4.24  and make the forms available to individuals required to file 
  4.25  them. 
  4.26     (c) The board must make available to the individuals 
  4.27  required to file the reports and statements a manual setting 
  4.28  forth the recommended uniform methods of bookkeeping and 
  4.29  reporting. 
  4.30     (d) The board must develop a filing, coding, and 
  4.31  cross-indexing system consistent with the purposes of this 
  4.32  chapter and chapter 10B. 
  4.33     (e) The board must make the reports and statements filed 
  4.34  with it available for public inspection and copying by the end 
  4.35  of the second day following the day on which they were 
  4.36  received.  An individual may copy a report or statement by hand 
  5.1   or by duplicating machine and the board must provide duplicating 
  5.2   services at cost for this purpose.  
  5.3      (f) Notwithstanding section 138.163, the board must 
  5.4   preserve reports and statements for a period of five years from 
  5.5   the date of receipt. 
  5.6      (g) The board must compile and maintain a current list and 
  5.7   summary of all statements or parts of statements pertaining to 
  5.8   each candidate. 
  5.9      (h) The board may prepare and publish reports it considers 
  5.10  appropriate. 
  5.11     Sec. 5.  Minnesota Statutes 2000, section 10A.02, 
  5.12  subdivision 10, is amended to read: 
  5.13     Subd. 10.  [AUDITS AND INVESTIGATIONS.] The board may make 
  5.14  audits and investigations with respect to statements and reports 
  5.15  that are filed or that should have been filed under this chapter 
  5.16  or chapter 10B.  In all matters relating to its official duties, 
  5.17  the board has the power to issue subpoenas and cause them to be 
  5.18  served.  If a person does not comply with a subpoena, the board 
  5.19  may apply to the district court of Ramsey county for issuance of 
  5.20  an order compelling obedience to the subpoena.  A person failing 
  5.21  to obey the order is punishable by the court as for contempt. 
  5.22     Sec. 6.  Minnesota Statutes 2000, section 10A.02, 
  5.23  subdivision 11, is amended to read: 
  5.24     Subd. 11.  [VIOLATIONS; ENFORCEMENT.] (a) The board may 
  5.25  investigate any alleged violation of this chapter or chapter 
  5.26  10B.  The board must investigate any violation that is alleged 
  5.27  in a written complaint filed with the board and must within 30 
  5.28  days after the filing of the complaint make a public finding of 
  5.29  whether there is probable cause to believe a violation has 
  5.30  occurred, except that if the complaint alleges a violation of 
  5.31  section 10A.25 or 10A.27 10B.13 or 10B.17, the board must either 
  5.32  enter a conciliation agreement or make a public finding of 
  5.33  whether there is probable cause, within 60 days after the filing 
  5.34  of the complaint.  The deadline for action on a written 
  5.35  complaint may be extended by majority vote of the board.  
  5.36     (b) Within a reasonable time after beginning an 
  6.1   investigation of an individual or association, the board must 
  6.2   notify the individual or association of the fact of the 
  6.3   investigation.  The board must not make a finding of whether 
  6.4   there is probable cause to believe a violation has occurred 
  6.5   without notifying the individual or association of the nature of 
  6.6   the allegations and affording an opportunity to answer those 
  6.7   allegations.  
  6.8      (c) A hearing or action of the board concerning a complaint 
  6.9   or investigation other than a finding concerning probable cause 
  6.10  or a conciliation agreement is confidential.  Until the board 
  6.11  makes a public finding concerning probable cause or enters a 
  6.12  conciliation agreement: 
  6.13     (1) a member, employee, or agent of the board must not 
  6.14  disclose to an individual information obtained by that member, 
  6.15  employee, or agent concerning a complaint or investigation 
  6.16  except as required to carry out the investigation or take action 
  6.17  in the matter as authorized by this chapter or chapter 10B; and 
  6.18     (2) an individual who discloses information contrary to 
  6.19  this subdivision is guilty of a misdemeanor subject to a civil 
  6.20  penalty imposed by the board.  
  6.21     (d) Except as provided in section 10A.28, After the board 
  6.22  makes a public finding of probable cause to believe that a 
  6.23  person has violated this chapter, the board must report that 
  6.24  finding to the appropriate law enforcement authorities. 
  6.25     Sec. 7.  Minnesota Statutes 2000, section 10A.02, 
  6.26  subdivision 11a, is amended to read: 
  6.27     Subd. 11a.  [DATA PRIVACY.] (a) If, after making a public 
  6.28  finding concerning probable cause or entering a conciliation 
  6.29  agreement, the board determines that the record of the 
  6.30  investigation contains statements, documents, or other matter 
  6.31  that, if disclosed, would unfairly injure the reputation of an 
  6.32  innocent individual, the board may: 
  6.33     (1) retain the statement, document, or other matter as a 
  6.34  private record, as defined in section 13.02, subdivision 12, for 
  6.35  a period of one year, after which it must be destroyed; or 
  6.36     (2) return the statement, document, or other matter to the 
  7.1   individual who supplied it to the board. 
  7.2      (b) When publishing reports or statements on its Web site, 
  7.3   the board must not publish the home street address or telephone 
  7.4   number of an individual. 
  7.5      Sec. 8.  Minnesota Statutes 2000, section 10A.02, 
  7.6   subdivision 12, is amended to read: 
  7.7      Subd. 12.  [ADVISORY OPINIONS.] (a) The board may issue and 
  7.8   publish advisory opinions on the requirements of this chapter or 
  7.9   chapter 10B based upon real or hypothetical situations.  An 
  7.10  application for an advisory opinion may be made only by an 
  7.11  individual or association who wishes to use the opinion to guide 
  7.12  the individual's or the association's own conduct.  The board 
  7.13  must issue written opinions on all such questions submitted to 
  7.14  it within 30 days after receipt of written application, unless a 
  7.15  majority of the board agrees to extend the time limit.  
  7.16     (b) A written advisory opinion issued by the board is 
  7.17  binding on the board in a subsequent board proceeding concerning 
  7.18  the person making or covered by the request and is a defense in 
  7.19  a judicial proceeding that involves the subject matter of the 
  7.20  opinion and is brought against the person making or covered by 
  7.21  the request unless: 
  7.22     (1) the board has amended or revoked the opinion before the 
  7.23  initiation of the board or judicial proceeding, has notified the 
  7.24  person making or covered by the request of its action, and has 
  7.25  allowed at least 30 days for the person to do anything that 
  7.26  might be necessary to comply with the amended or revoked 
  7.27  opinion; 
  7.28     (2) the request has omitted or misstated material facts; or 
  7.29     (3) the person making or covered by the request has not 
  7.30  acted in good faith in reliance on the opinion. 
  7.31     (c) A request for an opinion and the opinion itself are 
  7.32  nonpublic data.  The board, however, may publish an opinion or a 
  7.33  summary of an opinion, but may not include in the publication 
  7.34  the name of the requester, the name of a person covered by a 
  7.35  request from an agency or political subdivision, or any other 
  7.36  information that might identify the requester, unless the person 
  8.1   consents to the inclusion. 
  8.2      Sec. 9.  Minnesota Statutes 2000, section 10A.02, 
  8.3   subdivision 13, is amended to read: 
  8.4      Subd. 13.  [RULES.] Chapter 14 applies to the board.  The 
  8.5   board may adopt rules to carry out the purposes of this 
  8.6   chapter or chapter 10B. 
  8.7      Sec. 10.  Minnesota Statutes 2000, section 10A.025, 
  8.8   subdivision 1, is amended to read: 
  8.9      Subdivision 1.  [FILING DATE.] If a scheduled filing date 
  8.10  under this chapter or chapter 10B falls on a Saturday, Sunday, 
  8.11  or legal holiday, the filing date is the next regular business 
  8.12  day. 
  8.13     Sec. 11.  Minnesota Statutes 2000, section 10A.025, 
  8.14  subdivision 2, is amended to read: 
  8.15     Subd. 2.  [PENALTY FOR FALSE STATEMENTS.] (a) A report or 
  8.16  statement required to be filed under this chapter or chapter 10B 
  8.17  must be signed and certified as true by the individual required 
  8.18  to file the report.  An individual who signs and certifies to be 
  8.19  true a report or statement knowing it contains false information 
  8.20  or who knowingly omits required information is guilty of a gross 
  8.21  misdemeanor subject to a civil penalty of up to $3,000. 
  8.22     (b) If a report of campaign contributions or expenditures 
  8.23  under section 10B.12 is in error, the board may impose a civil 
  8.24  penalty of up to ten times the amount of the error.  
  8.25     (c) The board may order the candidate to return to the 
  8.26  board any public subsidy the candidate has received.  The board 
  8.27  must deposit the amount returned in the state treasury and 
  8.28  credit it to the general fund.  
  8.29     (d) After making a public finding that it has probable 
  8.30  cause to believe a candidate has violated this subdivision, the 
  8.31  board must bring an action, or transmit the finding to a county 
  8.32  attorney who must bring an action, in the district court of 
  8.33  Ramsey county or, in the case of a legislative candidate, the 
  8.34  district court of a county within the legislative district, to 
  8.35  collect a civil penalty imposed by the board, to demand the 
  8.36  return of any public subsidy paid to the candidate, or to have 
  9.1   the nomination or office declared forfeited.  If a candidate is 
  9.2   judged to have violated this subdivision, the court, after 
  9.3   entering the judgment, may enter a supplemental judgment 
  9.4   declaring that the candidate has forfeited the nomination or 
  9.5   office, except as provided in paragraph (e).  If the court 
  9.6   enters the supplemental judgment, it must transmit to the filing 
  9.7   officer a transcript of the supplemental judgment, the 
  9.8   nomination or office becomes vacant, and the vacancy must be 
  9.9   filled as provided by law. 
  9.10     (e) If the candidate has been elected to the legislature, 
  9.11  the court, after entering the judgment that the candidate has 
  9.12  violated this subdivision, must transmit a transcript of the 
  9.13  judgment to the secretary of the senate or the chief clerk of 
  9.14  the house of representatives, as appropriate, for further 
  9.15  consideration by the house to which the candidate was elected. 
  9.16     Sec. 12.  Minnesota Statutes 2000, section 10A.071, 
  9.17  subdivision 3, is amended to read: 
  9.18     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
  9.19  section do not apply if the gift is: 
  9.20     (1) a contribution as defined in section 10A.01, 
  9.21  subdivision 11 10B.01, subdivision 10; 
  9.22     (2) services to assist an official in the performance of 
  9.23  official duties, including but not limited to providing advice, 
  9.24  consultation, information, and communication in connection with 
  9.25  legislation, and services to constituents; 
  9.26     (3) services of insignificant monetary value; 
  9.27     (4) a plaque or similar memento recognizing individual 
  9.28  services in a field of specialty or to a charitable cause; 
  9.29     (5) a trinket or memento of insignificant value; 
  9.30     (6) informational material of unexceptional value; or 
  9.31     (7) food or a beverage given at a reception, meal, or 
  9.32  meeting away from the recipient's place of work by an 
  9.33  organization before whom the recipient appears to make a speech 
  9.34  or answer questions as part of a program. 
  9.35     (b) The prohibitions in this section do not apply if the 
  9.36  gift is given: 
 10.1      (1) because of the recipient's membership in a group, a 
 10.2   majority of whose members are not officials, and an equivalent 
 10.3   gift is given to the other members of the group; or 
 10.4      (2) by a lobbyist or principal who is a member of the 
 10.5   family of the recipient, unless the gift is given on behalf of 
 10.6   someone who is not a member of that family. 
 10.7      Sec. 13.  Minnesota Statutes 2000, section 10A.34, is 
 10.8   amended to read: 
 10.9      10A.34 [REMEDIES.] 
 10.10     Subdivision 1.  [PERSONAL LIABILITY.] A person charged with 
 10.11  a duty under this chapter or chapter 10B is personally liable 
 10.12  for the penalty for failing to discharge it. 
 10.13     Subd. 1a.  [RECOVERING LATE FEES.] The board may bring an 
 10.14  action in the district court in Ramsey county to recover a late 
 10.15  filing fee imposed under this chapter or chapter 10B.  Money 
 10.16  recovered must be deposited in the general fund of the state. 
 10.17     Subd. 2.  [INJUNCTION.] The board or a county attorney may 
 10.18  seek an injunction in the district court to enforce this chapter 
 10.19  or chapter 10B. 
 10.20     Subd. 3.  [NOT A CRIME.] Unless otherwise provided, a 
 10.21  violation of this chapter or chapter 10B is not a crime. 
 10.22     Subd. 4.  [CIVIL PENALTIES.] Unless otherwise provided, a 
 10.23  civil penalty imposed by the board under this chapter or chapter 
 10.24  10B may not exceed $1,000.  The penalty may be collected by the 
 10.25  board in a civil action brought in the district court in Ramsey 
 10.26  county or in the county where the defendant resides. 
 10.27     Sec. 14.  Minnesota Statutes 2000, section 10A.37, is 
 10.28  amended to read: 
 10.29     10A.37 [FREEDOM TO ASSOCIATE AND COMMUNICATE.] 
 10.30     Nothing in this chapter or chapter 10B may be construed to 
 10.31  abridge the right of an association to communicate with its 
 10.32  members. 
 10.33     Sec. 15.  [10B.01] [DEFINITIONS.] 
 10.34     Subdivision 1.  [APPLICATION.] The definitions in this 
 10.35  section apply to this chapter and chapter 10A. 
 10.36     Subd. 2.  [ADVANCE OF CREDIT.] "Advance of credit" means 
 11.1   any money owed for goods provided or services rendered.  
 11.2   "Advance of credit" does not mean a loan as defined in 
 11.3   subdivision 17. 
 11.4      Subd. 3.  [APPROVED EXPENDITURE.] "Approved expenditure" 
 11.5   means an expenditure made on behalf of a candidate by an entity 
 11.6   other than the principal campaign committee of the candidate if 
 11.7   the expenditure is made with the authorization or expressed or 
 11.8   implied consent of, or in cooperation or in concert with, or at 
 11.9   the request or suggestion of the candidate, the candidate's 
 11.10  principal campaign committee, or the candidate's agent.  An 
 11.11  approved expenditure is a contribution to that candidate. 
 11.12     Subd. 4.  [ASSOCIATION.] "Association" means a group of two 
 11.13  or more persons, who are not all members of an immediate family, 
 11.14  acting in concert. 
 11.15     Subd. 5.  [BALLOT QUESTION.] "Ballot question" means a 
 11.16  question or proposition that is placed on the ballot and that 
 11.17  may be voted on by all voters of the state.  "Promoting or 
 11.18  defeating a ballot question" includes activities related to 
 11.19  qualifying the question for placement on the ballot.  
 11.20     Subd. 6.  [BOARD.] "Board" means the state campaign finance 
 11.21  and public disclosure board. 
 11.22     Subd. 7.  [CAMPAIGN EXPENDITURE.] (a) "Campaign 
 11.23  expenditure" or "expenditure" means a purchase or payment of 
 11.24  money or anything of value, or an advance of credit, made or 
 11.25  incurred for the purpose of influencing the nomination or 
 11.26  election of a candidate or for the purpose of promoting or 
 11.27  defeating a ballot question. 
 11.28     An expenditure is considered to be made in the year in 
 11.29  which the candidate made the purchase of goods or services or 
 11.30  incurred an obligation to pay for goods or services. 
 11.31     An expenditure made for the purpose of defeating a 
 11.32  candidate is considered made for the purpose of influencing the 
 11.33  nomination or election of that candidate or any opponent of that 
 11.34  candidate. 
 11.35     Except as provided in clause (1), "expenditure" includes 
 11.36  the dollar value of a donation in kind. 
 12.1      "Expenditure" does not include: 
 12.2      (1) noncampaign disbursements as defined in subdivision 20; 
 12.3      (2) services provided without compensation by an individual 
 12.4   volunteering personal time on behalf of a candidate, ballot 
 12.5   question, political committee, political fund, principal 
 12.6   campaign committee, or party unit; 
 12.7      (3) the publishing or broadcasting of news items or 
 12.8   editorial comments by the news media, if the news medium is not 
 12.9   owned by or affiliated with any candidate or principal campaign 
 12.10  committee; or 
 12.11     (4) a cost incurred for a communication by a membership 
 12.12  organization, including a labor organization, to its members, or 
 12.13  a cost incurred for a communication by a corporation to its 
 12.14  executive or administrative personnel.  
 12.15     (b) For purposes of paragraph (a), clause (4), "labor 
 12.16  organization" means an organization of any kind, or any agency 
 12.17  or employee representative committee or plan, in which employees 
 12.18  participate and which exists for the purpose, in whole or in 
 12.19  part, of dealing with employers concerning grievances, labor 
 12.20  disputes, wages, rates of pay, hours of employment, or 
 12.21  conditions of work.  A local, national, or international union, 
 12.22  or a local or state central body of a federation of unions, is 
 12.23  each considered a separate labor organization for purposes of 
 12.24  paragraph (a), clause (4).  
 12.25     (c) For purposes of paragraph (a), clause (4), "executive 
 12.26  or administrative personnel" means individuals employed by a 
 12.27  corporation who are paid on a salary rather than an hourly basis 
 12.28  and who have policymaking, managerial, professional, or 
 12.29  supervisory responsibilities.  
 12.30     (1) This definition includes: 
 12.31     (i) individuals who run the corporation's business, such as 
 12.32  officers, other executives, and plant, division, and section 
 12.33  managers; and 
 12.34     (ii) individuals following the recognized professions, such 
 12.35  as lawyers and engineers. 
 12.36     (2) This definition does not include: 
 13.1      (i) professionals who are represented by a labor 
 13.2   organization; 
 13.3      (ii) salaried foremen and other salaried lower-level 
 13.4   supervisors having direct supervision over hourly employees; 
 13.5      (iii) former or retired personnel; or 
 13.6      (iv) individuals who may be paid by the corporation, such 
 13.7   as consultants, but who are not employees of the corporation for 
 13.8   the purpose of the collection of, and liability for, employee 
 13.9   taxes. 
 13.10     (3) Individuals on commission may be considered executive 
 13.11  or administrative personnel if they have policymaking, 
 13.12  managerial, professional, or supervisory responsibility and if 
 13.13  the individuals are employees of the corporation for the purpose 
 13.14  of the collection of, and liability for, employee taxes.  
 13.15     (4) The Fair Labor Standards Act, United States Code, title 
 13.16  29, section 201 et seq., and the regulations issued under the 
 13.17  act may serve as a guideline in determining whether individuals 
 13.18  have policymaking, managerial, professional, or supervisory 
 13.19  responsibilities.  
 13.20     (d) For purposes of paragraph (a), clause (4), "membership 
 13.21  organization" means an unincorporated association, trade 
 13.22  association, cooperative, corporation without capital stock, or 
 13.23  a local, national, or international labor organization that: 
 13.24     (1) is composed of members, some or all of whom are vested 
 13.25  with the power and authority to operate or administer the 
 13.26  organization, under the organization's articles, bylaws, 
 13.27  constitution, or other formal organizational documents; 
 13.28     (2) expressly states the qualifications and requirements 
 13.29  for membership in its articles, bylaws, constitution, or other 
 13.30  formal organizational documents; 
 13.31     (3) makes its articles, bylaws, constitution, or other 
 13.32  formal organizational documents available to its members; 
 13.33     (4) expressly solicits persons to become members; 
 13.34     (5) expressly acknowledges the acceptance of membership, 
 13.35  such as by sending a membership card or including the member's 
 13.36  name on a membership newsletter list; and 
 14.1      (6) is not organized primarily for the purpose of 
 14.2   influencing the nomination for election, or election, of any 
 14.3   individual for elected office.  
 14.4      (e) For purposes of paragraph (a), clause (4), the term 
 14.5   "members" includes all persons who are currently satisfying the 
 14.6   requirements for membership in a membership organization, 
 14.7   affirmatively accept the membership organization's invitation to 
 14.8   become a member, and either: 
 14.9      (1) have some significant financial attachment to the 
 14.10  membership organization, such as a significant investment or 
 14.11  ownership stake; 
 14.12     (2) pay membership dues at least annually of a specific 
 14.13  amount predetermined by the organization; or 
 14.14     (3) have a significant organizational attachment to the 
 14.15  membership organization that includes affirmation of membership 
 14.16  on at least an annual basis and direct participatory rights in 
 14.17  the governance of the organization.  For example, the rights 
 14.18  could include the right to vote directly or indirectly for at 
 14.19  least one individual on the membership organization's highest 
 14.20  governing board; the right to vote on policy questions where the 
 14.21  highest governing body of the membership organization is 
 14.22  obligated to abide by the results; the right to approve the 
 14.23  organization's annual budget; or the right to participate 
 14.24  directly in similar aspects of the organization's governance.  
 14.25     The board may determine, on a case-by-case basis, that 
 14.26  persons who do not precisely meet the definition of member but 
 14.27  have a relatively enduring and independently significant 
 14.28  financial or organizational attachment to the organization may 
 14.29  be considered members.  For example, student members who pay a 
 14.30  lower amount of dues while in school, long-term dues-paying 
 14.31  members who qualify for lifetime membership status with little 
 14.32  or no dues obligation, and retired members may be considered 
 14.33  members of the organization.  
 14.34     Members of a local union are considered to be members of 
 14.35  any national or international union of which the local union is 
 14.36  a part and of any federation with which the local, national, or 
 15.1   international union is affiliated.  
 15.2      In the case of a membership organization that has a 
 15.3   national federation structure or has several levels, including, 
 15.4   for example, national, state, regional, or local affiliates, a 
 15.5   person who qualifies as a member of any entity within the 
 15.6   federation or of any affiliate also qualifies as a member of all 
 15.7   affiliates.  
 15.8      (f) The status of a membership organization, and of 
 15.9   members, for purposes of paragraph (a), clause (4), must be 
 15.10  determined under paragraphs (d) and (e) and not by provisions of 
 15.11  state law governing unincorporated associations, trade 
 15.12  associations, cooperatives, corporations without capital stock, 
 15.13  or labor organizations.  
 15.14     (g) "Expenditure" includes a cost incurred to design, 
 15.15  produce, or disseminate a communication if the communication 
 15.16  contains words such as "vote for," "re-elect," "(name of 
 15.17  candidate) for (office)," "vote against," "defeat," or another 
 15.18  phrase or campaign slogan that in context can have no reasonable 
 15.19  meaning other than to advocate support for or opposition to the 
 15.20  nomination or election of one or more clearly identified 
 15.21  candidates. 
 15.22     (h) "Expenditure" is presumed to include a cost incurred to 
 15.23  design, produce, or disseminate a communication if the 
 15.24  communication names or depicts one or more clearly identified 
 15.25  candidates, is disseminated during the 45 days before a primary 
 15.26  election, the 60 days before a general election, or during a 
 15.27  special election cycle until election day, and the cost exceeds 
 15.28  the following amounts for a communication naming or depicting a 
 15.29  candidate for the following offices: 
 15.30     (1) $500 for a candidate for governor, lieutenant governor, 
 15.31  attorney general, secretary of state, or state auditor; or 
 15.32     (2) $100 for a candidate for state senator or 
 15.33  representative. 
 15.34     An individual or association presumed under this paragraph 
 15.35  to have made an expenditure may rebut the presumption by a 
 15.36  written statement signed by the spender and filed with the board 
 16.1   stating that the cost was not incurred with intent to influence 
 16.2   the nomination, election, or defeat of any candidate, supported 
 16.3   by any additional evidence the spender chooses to submit.  The 
 16.4   board may gather any additional evidence it deems relevant and 
 16.5   material and must determine by a preponderance of the evidence 
 16.6   whether the cost was incurred with intent to influence the 
 16.7   nomination, election, or defeat of a candidate. 
 16.8      Subd. 8.  [CANDIDATE.] "Candidate" means an individual who 
 16.9   seeks nomination or election as a state constitutional officer, 
 16.10  legislator, or judge.  An individual is deemed to seek 
 16.11  nomination or election if the individual has taken the action 
 16.12  necessary under the law of this state to qualify for nomination 
 16.13  or election, has received contributions or made expenditures in 
 16.14  excess of $100, or has given implicit or explicit consent for 
 16.15  any other person to receive contributions or make expenditures 
 16.16  in excess of $100, for the purpose of bringing about the 
 16.17  individual's nomination or election.  A candidate remains a 
 16.18  candidate until the candidate's principal campaign committee is 
 16.19  dissolved under section 10B.27. 
 16.20     Subd. 9.  [CONDUIT FUND.] "Conduit fund" means money, a 
 16.21  negotiable instrument, or a donation in kind collected by an 
 16.22  association from its employees and contributed to a candidate or 
 16.23  political committee only as directed by the employee from whom 
 16.24  the money was collected.  
 16.25     Subd. 10.  [CONTRIBUTION.] (a) "Contribution" means money, 
 16.26  a negotiable instrument, or a donation in kind that is given to 
 16.27  a political committee, political fund, conduit fund, principal 
 16.28  campaign committee, or party unit. 
 16.29     (b) "Contribution" includes a loan or advance of credit to 
 16.30  a political committee, political fund, principal campaign 
 16.31  committee, or party unit, if the loan or advance of credit is:  
 16.32  (1) forgiven; or (2) repaid by an individual or an association 
 16.33  other than the political committee, political fund, principal 
 16.34  campaign committee, or party unit to which the loan or advance 
 16.35  of credit was made.  If an advance of credit or a loan is 
 16.36  forgiven or repaid as provided in this paragraph, it is a 
 17.1   contribution in the year in which the loan or advance of credit 
 17.2   was made. 
 17.3      (c) "Contribution" does not include services provided 
 17.4   without compensation by an individual volunteering personal time 
 17.5   on behalf of a candidate, ballot question, political committee, 
 17.6   political fund, principal campaign committee, or party unit, or 
 17.7   the publishing or broadcasting of news items or editorial 
 17.8   comments by the news media. 
 17.9      Subd. 11.  [DEPOSITORY.] "Depository" means a bank, savings 
 17.10  association, or credit union organized under federal or state 
 17.11  law and transacting business within this state. 
 17.12     Subd. 12.  [DONATION IN KIND.] "Donation in kind" means 
 17.13  anything of value that is given, other than money or negotiable 
 17.14  instruments.  An approved expenditure is a donation in kind. 
 17.15     Subd. 13.  [ELECTION.] "Election" means a primary, special 
 17.16  primary, general, or special election. 
 17.17     Subd. 14.  [ELECTION CYCLE.] "Election cycle" means the 
 17.18  period from January 1 following a general election for an office 
 17.19  to December 31 following the next general election for that 
 17.20  office, except that "election cycle" for a special election 
 17.21  means the period from the date the special election writ is 
 17.22  issued to 60 days after the special election is held. 
 17.23     Subd. 15.  [FINANCIAL INSTITUTION.] "Financial institution" 
 17.24  means a lending institution chartered by an agency of the 
 17.25  federal government or regulated by the commissioner of commerce. 
 17.26     Subd. 16.  [INDEPENDENT EXPENDITURE.] (a) "Independent 
 17.27  expenditure" means an expenditure that is made without the 
 17.28  express or implied consent, authorization, or cooperation of, 
 17.29  and not in concert with or at the request or suggestion of, any 
 17.30  candidate or any candidate's principal campaign committee or 
 17.31  agent.  An independent expenditure is not a contribution to a 
 17.32  candidate. 
 17.33     (b) An expenditure is presumed to be not independent if, 
 17.34  for example: 
 17.35     (1) in the same election cycle in which the expenditure 
 17.36  occurs, the spender or the spender's agent retains the 
 18.1   professional services of an individual or entity that, in a 
 18.2   nonministerial capacity, provides or has provided 
 18.3   campaign-related service, including polling or other campaign 
 18.4   research, media consulting or production, direct mail, or 
 18.5   fundraising, to a candidate supported by the spender for 
 18.6   nomination or election to the same office as any candidate whose 
 18.7   nomination or election the expenditure is intended to influence 
 18.8   or to a political party working in coordination with the 
 18.9   supported candidate; 
 18.10     (2) the expenditure pays for a communication that 
 18.11  disseminates, in whole or in substantial part, a broadcast or 
 18.12  written, graphic, or other form of campaign material designed, 
 18.13  produced, or distributed by the candidate, the candidate's 
 18.14  principal campaign committee, or their agents; 
 18.15     (3) the expenditure is based on information about the 
 18.16  candidate's electoral campaign plans, projects, or needs that is 
 18.17  provided by the candidate, the candidate's principal campaign 
 18.18  committee, or their agents directly or indirectly to the spender 
 18.19  or the spender's agent, with an express or tacit understanding 
 18.20  that the spender is considering making the expenditure; 
 18.21     (4) before the election, the spender or the spender's agent 
 18.22  informs a candidate or the principal campaign committee or agent 
 18.23  of a candidate for the same office as a candidate clearly 
 18.24  identified in a communication paid for by the expenditure about 
 18.25  the communication's contents; timing, location, mode, or 
 18.26  frequency of dissemination; or intended audience; or 
 18.27     (5) in the same election cycle in which the expenditure 
 18.28  occurs, the spender or the spender's agent is serving or has 
 18.29  served in an executive, policymaking, fundraising, or advisory 
 18.30  position with the candidate's campaign or has participated in 
 18.31  strategic or policymaking discussions with the candidate's 
 18.32  campaign relating to the candidate's pursuit of nomination or 
 18.33  election to office and the candidate is pursuing the same office 
 18.34  as a candidate whose nomination or election the expenditure is 
 18.35  intended to influence. 
 18.36     An individual or association presumed under this paragraph 
 19.1   to have made an expenditure that was not independent may rebut 
 19.2   the presumption by a written statement signed by the spender and 
 19.3   filed with the board stating that the expenditure was made 
 19.4   without the express or implied consent, authorization, or 
 19.5   cooperation of, and not in concert with or at the request or 
 19.6   suggestion of, any candidate or any candidate's principal 
 19.7   campaign committee or agent, supported by any additional 
 19.8   evidence the spender chooses to submit.  The board may gather 
 19.9   any additional evidence it deems relevant and material and must 
 19.10  determine by a preponderance of the evidence whether the 
 19.11  expenditure was independent.  
 19.12     (c) An expenditure by anyone other than a principal 
 19.13  campaign committee that does not qualify as an independent 
 19.14  expenditure under this subdivision is deemed to be an approved 
 19.15  expenditure under subdivision 3. 
 19.16     Subd. 17.  [LOAN.] "Loan" means an advance of money or 
 19.17  anything of value made to a political committee, political fund, 
 19.18  principal campaign committee, or party unit. 
 19.19     Subd. 18.  [MAJOR POLITICAL PARTY.] "Major political party" 
 19.20  means a major political party as defined in section 200.02, 
 19.21  subdivision 7. 
 19.22     Subd. 19.  [MINOR POLITICAL PARTY.] "Minor political party" 
 19.23  means a minor political party as defined in section 200.02, 
 19.24  subdivision 23. 
 19.25     Subd. 20.  [NONCAMPAIGN DISBURSEMENT.] "Noncampaign 
 19.26  disbursement" means a purchase or payment of money or anything 
 19.27  of value made, or an advance of credit incurred, or a donation 
 19.28  in kind received, by a principal campaign committee for any of 
 19.29  the following purposes: 
 19.30     (1) payment for accounting and legal services; 
 19.31     (2) return of a contribution to the source; 
 19.32     (3) repayment of a loan made to the principal campaign 
 19.33  committee by that committee; 
 19.34     (4) return of a public subsidy; 
 19.35     (5) payment for food, beverages, entertainment, and 
 19.36  facility rental for a fundraising event; 
 20.1      (6) services for a constituent by a member of the 
 20.2   legislature or a constitutional officer in the executive branch, 
 20.3   performed from the beginning of the term of office to 
 20.4   adjournment sine die of the legislature in the election year for 
 20.5   the office held, and one-half the cost of services for a 
 20.6   constituent by a member of the legislature or a constitutional 
 20.7   officer in the executive branch performed from adjournment sine 
 20.8   die to 60 days after adjournment sine die; 
 20.9      (7) payment for food and beverages provided to campaign 
 20.10  volunteers while they are engaged in campaign activities; 
 20.11     (8) payment of expenses incurred by elected or appointed 
 20.12  leaders of a legislative caucus in carrying out their leadership 
 20.13  responsibilities; 
 20.14     (9) payment by a principal campaign committee of the 
 20.15  candidate's expenses for serving in public office, other than 
 20.16  for personal uses; 
 20.17     (10) costs of child care for the candidate's children when 
 20.18  campaigning; 
 20.19     (11) fees paid to attend a campaign school; 
 20.20     (12) costs of a postelection party during the election year 
 20.21  when a candidate's name will no longer appear on a ballot or the 
 20.22  general election is concluded, whichever occurs first; 
 20.23     (13) interest on loans paid by a principal campaign 
 20.24  committee on outstanding loans; 
 20.25     (14) filing fees; 
 20.26     (15) notes or advertisements in the news media expressing 
 20.27  gratitude after the general election; 
 20.28     (16) the cost of campaign material purchased to replace 
 20.29  defective campaign material, if the defective material is 
 20.30  destroyed without being used; 
 20.31     (17) contributions to a party unit; and 
 20.32     (18) other purchases or payments specified in board rules 
 20.33  or advisory opinions as being for any purpose other than to 
 20.34  influence the nomination or election of a candidate or to 
 20.35  promote or defeat a ballot question. 
 20.36     The board must determine whether an activity involves a 
 21.1   noncampaign disbursement within the meaning of this subdivision. 
 21.2      A noncampaign disbursement is considered to be made in the 
 21.3   year in which the candidate made the purchase of goods or 
 21.4   services or incurred an obligation to pay for goods or services. 
 21.5      Subd. 21.  [POLITICAL COMMITTEE.] "Political committee" 
 21.6   means an association a major purpose of which is to influence 
 21.7   the nomination or election of a candidate or to promote or 
 21.8   defeat a ballot question, other than a principal campaign 
 21.9   committee or a political party unit. 
 21.10     Subd. 22.  [POLITICAL FUND.] "Political fund" means an 
 21.11  accumulation of dues or voluntary contributions by an 
 21.12  association other than a political committee, principal campaign 
 21.13  committee, or party unit, if the accumulation is collected or 
 21.14  expended to influence the nomination or election of a candidate 
 21.15  or to promote or defeat a ballot question. 
 21.16     Subd. 23.  [POLITICAL PARTY.] "Political party" means a 
 21.17  major political party or a minor political party.  A political 
 21.18  party is the aggregate of all its political party units in this 
 21.19  state.  
 21.20     Subd. 24.  [POLITICAL PARTY UNIT OR PARTY UNIT.] "Political 
 21.21  party unit" or "party unit" means the state committee or the 
 21.22  party organization within a house of the legislature, 
 21.23  congressional district, county, legislative district, 
 21.24  municipality, or precinct. 
 21.25     Subd. 25.  [POPULATION.] "Population" means the population 
 21.26  established by the most recent federal census, by a special 
 21.27  census taken by the United States Bureau of the Census, by an 
 21.28  estimate made by the metropolitan council, or by an estimate 
 21.29  made by the state demographer under section 4A.02, whichever has 
 21.30  the latest stated date of count or estimate. 
 21.31     Subd. 26.  [PRINCIPAL CAMPAIGN COMMITTEE.] "Principal 
 21.32  campaign committee" means a principal campaign committee formed 
 21.33  under section 10B.02. 
 21.34     Subd. 27.  [STATE COMMITTEE.] "State committee" means the 
 21.35  organization that, by virtue of the bylaws of a political party, 
 21.36  is responsible for the day-to-day operation of the political 
 22.1   party at the state level. 
 22.2      Sec. 16.  [10B.02] [PRINCIPAL CAMPAIGN COMMITTEE.] 
 22.3      Subdivision 1.  [SINGLE COMMITTEE.] A candidate must not 
 22.4   accept contributions from a source, other than self, in 
 22.5   aggregate in excess of $100 or accept a public subsidy unless 
 22.6   the candidate designates and causes to be formed a single 
 22.7   principal campaign committee for each office sought.  A 
 22.8   candidate may not authorize, designate, or cause to be formed 
 22.9   any other political committee bearing the candidate's name or 
 22.10  title or otherwise operating under the direct or indirect 
 22.11  control of the candidate.  However, a candidate may be involved 
 22.12  in the direct or indirect control of a party unit. 
 22.13     Subd. 2.  [REPLACEMENT OF OFFICERS.] A candidate may at any 
 22.14  time without cause remove and replace the chair, treasurer, 
 22.15  deputy treasurer, or any other officer of the candidate's 
 22.16  principal campaign committee. 
 22.17     Sec. 17.  [10B.03] [ORGANIZATION OF COMMITTEES AND PARTY 
 22.18  UNITS.] 
 22.19     Subdivision 1.  [CHAIR AND TREASURER.] A political 
 22.20  committee, principal campaign committee, or party unit must have 
 22.21  a chair and a treasurer.  The chair and treasurer may be the 
 22.22  same individual. 
 22.23     Subd. 2.  [TREASURER VACANCY.] A political committee, 
 22.24  principal campaign committee, or party unit may not accept a 
 22.25  contribution or make an expenditure or permit an expenditure to 
 22.26  be made on its behalf while the office of treasurer is vacant. 
 22.27     Subd. 3.  [DEPUTY TREASURERS.] The treasurer of a political 
 22.28  committee, principal campaign committee, or party unit may 
 22.29  appoint as many deputy treasurers as necessary and is 
 22.30  responsible for their accounts. 
 22.31     Subd. 4.  [DEPOSITORIES.] The treasurer of a political 
 22.32  committee, principal campaign committee, or party unit may 
 22.33  designate one or two depositories in each county in which a 
 22.34  campaign is conducted. 
 22.35     Subd. 5.  [COMMINGLING PROHIBITED.] A political committee, 
 22.36  principal campaign committee, or party unit may not commingle 
 23.1   its funds with personal funds of officers, members, or 
 23.2   associates of the committee. 
 23.3      Subd. 6.  [PENALTY.] A person who knowingly violates this 
 23.4   section is subject to a civil penalty imposed by the board. 
 23.5      Sec. 18.  [10B.04] [POLITICAL FUNDS.] 
 23.6      Subdivision 1.  [WHEN REQUIRED.] An association other than 
 23.7   a political committee or party unit may not contribute more than 
 23.8   $100 in aggregate in any one year to candidates, political 
 23.9   committees, or party units or make any approved or independent 
 23.10  expenditure or expenditure to promote or defeat a ballot 
 23.11  question unless the contribution or expenditure is made from a 
 23.12  political fund.  
 23.13     Subd. 2.  [COMMINGLING PROHIBITED.] The contents of a 
 23.14  political fund may not be commingled with other funds or with 
 23.15  the personal funds of an officer or member of the fund. 
 23.16     Subd. 3.  [TREASURER.] An association that has a political 
 23.17  fund must elect or appoint a treasurer of the political fund. 
 23.18     Subd. 4.  [TREASURER VACANCY.] A political fund may not 
 23.19  accept a contribution or make an expenditure or contribution 
 23.20  from the political fund while the office of treasurer of the 
 23.21  political fund is vacant. 
 23.22     Subd. 5.  [DUES OR MEMBERSHIP FEES.] An association may, if 
 23.23  not prohibited by other law, deposit in its political fund money 
 23.24  derived from dues or membership fees.  Under section 10B.12, the 
 23.25  treasurer of the fund must disclose the name of any member whose 
 23.26  dues, membership fees, and contributions deposited in the 
 23.27  political fund together exceed $100 in a year. 
 23.28     Subd. 6.  [PENALTY.] A person who knowingly violates this 
 23.29  section is subject to a civil penalty imposed by the board. 
 23.30     Sec. 19.  [10B.05] [CONDUIT FUNDS.] 
 23.31     Subdivision 1.  [COMMINGLING PROHIBITED.] The contents of a 
 23.32  conduit fund may not be commingled with other funds or with the 
 23.33  personal funds of an officer or member of the fund. 
 23.34     Subd. 2.  [TREASURER.] An association that has a conduit 
 23.35  fund must elect or appoint a treasurer of the fund. 
 23.36     Subd. 3.  [TREASURER VACANCY.] A conduit fund may not 
 24.1   accept a contribution or make an expenditure or contribution 
 24.2   from the fund while the office of treasurer of the fund is 
 24.3   vacant. 
 24.4      Subd. 4.  [PENALTY.] A person who knowingly violates this 
 24.5   section is subject to a civil penalty imposed by the board.  
 24.6      Sec. 20.  [10B.06] [ACCOUNTS THAT MUST BE KEPT.] 
 24.7      Subdivision 1.  [ACCOUNTS; PENALTY.] The treasurer of a 
 24.8   political committee, political fund, conduit fund, principal 
 24.9   campaign committee, or party unit must keep an account of: 
 24.10     (1) the sum of all contributions, except any donation in 
 24.11  kind valued at $20 or less, made to the committee, fund, or 
 24.12  party unit; 
 24.13     (2) the name and address of each source of a contribution 
 24.14  made to the committee, fund, or party unit in excess of $20, 
 24.15  together with the date and amount of each; 
 24.16     (3) each expenditure made by the committee, fund, or party 
 24.17  unit, together with the date and amount; 
 24.18     (4) each approved expenditure made on behalf of the 
 24.19  committee, fund, or party unit, together with the date and 
 24.20  amount; and 
 24.21     (5) the name and address of each political committee, 
 24.22  political fund, principal campaign committee, or party unit to 
 24.23  which contributions in excess of $20 have been made, together 
 24.24  with the date and amount. 
 24.25     A person who knowingly violates this subdivision is subject 
 24.26  to a civil penalty imposed by the board. 
 24.27     Subd. 2.  [RECEIPTS.] The treasurer must obtain a receipted 
 24.28  bill, stating the particulars, for every expenditure over $100 
 24.29  made by, or approved expenditure over $100 made on behalf of, 
 24.30  the committee, fund, or party unit, and for any expenditure or 
 24.31  approved expenditure in a lesser amount if the aggregate amount 
 24.32  of lesser expenditures and approved expenditures made to the 
 24.33  same individual or association during the same year exceeds $100.
 24.34     Sec. 21.  [10B.07] [REGISTRATION.] 
 24.35     Subdivision 1.  [FIRST REGISTRATION.] The treasurer of a 
 24.36  political committee, political fund, conduit fund, principal 
 25.1   campaign committee, or party unit must register with the board 
 25.2   by filing a statement of organization no later than 14 days 
 25.3   after the committee, fund, or party unit has received 
 25.4   contributions or made contributions or expenditures in excess of 
 25.5   $100.  
 25.6      Subd. 2.  [FORM.] The statement of organization must 
 25.7   include: 
 25.8      (1) the name and address of the committee, fund, or party 
 25.9   unit; 
 25.10     (2) the name and address of the chair of a political 
 25.11  committee, principal campaign committee, or party unit; 
 25.12     (3) the name and address of any supporting association of a 
 25.13  political fund or conduit fund; 
 25.14     (4) the name and address of the treasurer and any deputy 
 25.15  treasurers and, for a principal campaign committee, any other 
 25.16  individual authorized to accept contributions on behalf of the 
 25.17  principal campaign committee; 
 25.18     (5) a listing of all depositories or safe deposit boxes 
 25.19  used; and 
 25.20     (6) for the state committee of a political party only, a 
 25.21  list of its party units. 
 25.22     Sec. 22.  [10B.08] [CONTRIBUTIONS.] 
 25.23     Subdivision 1.  [ANONYMOUS CONTRIBUTIONS.] A political 
 25.24  committee, political fund, conduit fund, principal campaign 
 25.25  committee, or party unit may not retain an anonymous 
 25.26  contribution in excess of $20, but must forward it to the board 
 25.27  for deposit in the general fund. 
 25.28     Subd. 2.  [SOURCE; AMOUNT; DATE.] An individual who 
 25.29  receives a contribution in excess of $20 for a political 
 25.30  committee, political fund, conduit fund, principal campaign 
 25.31  committee, or party unit must, on demand of the treasurer, 
 25.32  inform the treasurer of the name and, if known, the address of 
 25.33  the source of the contribution, the amount of the contribution, 
 25.34  and the date it was received. 
 25.35     Subd. 3.  [DEPOSIT.] All contributions received by or on 
 25.36  behalf of a candidate, principal campaign committee, political 
 26.1   committee, political fund, conduit fund, or party unit must be 
 26.2   deposited in an account designated "Campaign Fund of ....... 
 26.3   (name of candidate, committee, fund, or party unit)."  All 
 26.4   contributions must be deposited promptly upon receipt and, 
 26.5   except for contributions received during the last three days of 
 26.6   a reporting period as described in section 10B.12, must be 
 26.7   deposited during the reporting period in which they were 
 26.8   received.  A contribution received during the last three days of 
 26.9   a reporting period must be deposited within 72 hours after 
 26.10  receipt and must be reported as received during the reporting 
 26.11  period whether or not it was deposited within that period.  A 
 26.12  candidate, principal campaign committee, political committee, 
 26.13  political fund, conduit fund, or party unit may refuse to accept 
 26.14  a contribution.  A deposited contribution may be returned to the 
 26.15  contributor within 60 days after deposit.  A contribution 
 26.16  deposited and not returned within 60 days after that deposit 
 26.17  must be reported as accepted. 
 26.18     Subd. 4.  [EXCESS.] A treasurer of a principal campaign 
 26.19  committee of a candidate may not deposit a contribution that on 
 26.20  its face exceeds the limit on contributions to the candidate 
 26.21  prescribed by section 10B.13 unless, at the time of deposit, the 
 26.22  treasurer issues a check to the source for the amount of the 
 26.23  excess. 
 26.24     Subd. 5.  [ATTRIBUTABLE CONTRIBUTIONS.] Contributions made 
 26.25  to a candidate or principal campaign committee that are directed 
 26.26  to the candidate or principal campaign committee by a political 
 26.27  fund, committee, or party unit must be reported as attributable 
 26.28  to the political fund, committee, or party unit and count toward 
 26.29  the contribution limits of that fund, committee, or political 
 26.30  party specified in section 10B.13, if the fund, committee, or 
 26.31  party was organized or is operated primarily to direct 
 26.32  contributions other than from its own money to one or more 
 26.33  candidates or principal campaign committees.  The treasurer of 
 26.34  the political fund, committee, or party unit must advise the 
 26.35  candidate or the candidate's principal campaign committee if the 
 26.36  contribution or contributions are not from the money of the 
 27.1   fund, committee, or party unit and the original source of the 
 27.2   money.  As used in this subdivision, "direct" includes, but is 
 27.3   not limited to, order, command, control, or instruct.  A 
 27.4   violation of this subdivision is a violation of section 10B.15. 
 27.5      Subd. 6.  [RELATED COMMITTEES.] An individual, association, 
 27.6   political committee, political fund, or party unit may 
 27.7   establish, finance, maintain, or control a political committee, 
 27.8   political fund, or party unit.  One who does this is a 
 27.9   "parent."  The political committee, fund, or party unit so 
 27.10  established, financed, maintained, or controlled is a 
 27.11  "subsidiary."  If the parent is an association, the association 
 27.12  must create a political committee or political fund to serve as 
 27.13  the parent for reporting purposes.  A subsidiary must report its 
 27.14  contribution to a candidate or principal campaign committee as 
 27.15  attributable to its parent, and the contribution is counted 
 27.16  toward the contribution limits in section 10B.13 of the parent 
 27.17  as well as of the subsidiary. 
 27.18     Subd. 7.  [PENALTY.] A person who knowingly violates this 
 27.19  section is subject to a civil penalty imposed by the board. 
 27.20     Subd. 8.  [REGISTRATION NUMBER ON CHECKS.] A contribution 
 27.21  made to a candidate by a lobbyist, political committee, 
 27.22  political fund, conduit fund, or party unit must show the name 
 27.23  of the lobbyist, political committee, political fund, conduit 
 27.24  fund, or party unit and the number under which it is registered 
 27.25  with the board. 
 27.26     Sec. 23.  [10B.09] [EARMARKING CONTRIBUTIONS PROHIBITED.] 
 27.27     An individual, political committee, political fund, 
 27.28  principal campaign committee, or party unit may not solicit or 
 27.29  accept a contribution from any source with the express or 
 27.30  implied condition that the contribution or any part of it be 
 27.31  directed to a particular candidate other than the initial 
 27.32  recipient.  A person who knowingly accepts an earmarked 
 27.33  contribution is subject to a civil penalty imposed by the board 
 27.34  of up to $3,000. 
 27.35     Sec. 24.  [10B.10] [EXPENDITURES.] 
 27.36     Subdivision 1.  [AUTHORIZATION.] A political committee, 
 28.1   political fund, conduit fund, principal campaign committee, or 
 28.2   party unit may not expend money unless the expenditure is 
 28.3   authorized by the treasurer or deputy treasurer of that 
 28.4   committee, fund, or party unit. 
 28.5      Subd. 2.  [WRITTEN AUTHORIZATION.] An individual or 
 28.6   association may not make an approved expenditure of more than 
 28.7   $20 without receiving written authorization from the treasurer 
 28.8   of the principal campaign committee of the candidate who 
 28.9   approved the expenditure stating the amount that may be spent 
 28.10  and the purpose of the expenditure. 
 28.11     Subd. 3.  [PETTY CASH.] The treasurer or deputy treasurer 
 28.12  of a political committee, principal campaign committee, or party 
 28.13  unit may sign vouchers for petty cash of up to $100 per week for 
 28.14  statewide elections or $20 per week for legislative elections, 
 28.15  to be used for miscellaneous expenditures. 
 28.16     Subd. 4.  [PENALTY.] A person who knowingly violates 
 28.17  subdivision 2 is subject to a civil penalty imposed by the board.
 28.18     Sec. 25.  [10B.11] [TIME FOR RENDERING BILLS, CHARGES, OR 
 28.19  CLAIMS; PENALTY.] 
 28.20     A person who has a bill, charge, or claim against a 
 28.21  political committee, political fund, principal campaign 
 28.22  committee, or party unit for an expenditure must render in 
 28.23  writing to the treasurer of the committee, fund, or party unit 
 28.24  the bill, charge, or claim within 60 days after the material or 
 28.25  service is provided.  A person who knowingly violates this 
 28.26  section is subject to a civil penalty imposed by the board. 
 28.27     Sec. 26.  [10B.12] [CAMPAIGN REPORTS.] 
 28.28     Subdivision 1.  [FIRST FILING; DURATION.] The treasurer of 
 28.29  a political committee, political fund, conduit fund, principal 
 28.30  campaign committee, or party unit must begin to file the reports 
 28.31  required by this section in the first year it receives 
 28.32  contributions or makes contributions or expenditures in excess 
 28.33  of $100 and must continue to file until the committee, fund, or 
 28.34  party unit is terminated. 
 28.35     Subd. 2.  [TIME FOR FILING.] (a) The reports must be filed 
 28.36  with the board on or before January 31 of each year and 
 29.1   additional reports must be filed as required and in accordance 
 29.2   with paragraphs (b) to (d).  
 29.3      (b) In each year in which the name of the candidate is on 
 29.4   the ballot, the reports of the principal campaign committee must 
 29.5   be filed by April 30, July 31, and November 30, and 15 days 
 29.6   before a primary and ten days before a general election, seven 
 29.7   days before a special primary and a special election, and ten 
 29.8   days after a special election cycle.  
 29.9      (c) In each general election year, a political committee, 
 29.10  political fund, conduit fund, or party unit must file reports by 
 29.11  April 30, July 31, and November 30, and 15 days before a primary 
 29.12  and ten days before a general election. 
 29.13     (d) A political committee, political fund, conduit fund, or 
 29.14  party unit that makes contributions or expenditures related to a 
 29.15  special election must file reports on the contributions or 
 29.16  expenditures seven days before the special primary and special 
 29.17  election and ten days after the special election cycle. 
 29.18     Subd. 3.  [ELECTRONIC FILING; PUBLICATION.] When 
 29.19  contributions or expenditures exceed $5,000 in a year, the 
 29.20  report must be filed with the board in an electronic format 
 29.21  approved by the board.  Regardless of whether the report is 
 29.22  filed electronically, the board must publish the report on its 
 29.23  Web site within seven days after the date it was due.  The 
 29.24  publication must be in a form that permits a user of the Web 
 29.25  site to search the reports and prepare comparisons and 
 29.26  cross-tabulations among the various candidates, contributors, 
 29.27  vendors, and committees. 
 29.28     Subd. 4.  [CONTENTS OF REPORT; POLITICAL COMMITTEES AND 
 29.29  POLITICAL FUNDS.] (a) The report by a political committee or 
 29.30  political fund must disclose the amount of liquid assets on hand 
 29.31  at the beginning of the reporting period.  
 29.32     (b) The report must disclose the name, address, and 
 29.33  employer, or occupation if self-employed, of each individual or 
 29.34  association that has made one or more contributions to the 
 29.35  reporting entity, including the purchase of tickets for a 
 29.36  fundraising effort, that in aggregate within the year exceed 
 30.1   $50, together with the amount and date of each contribution, and 
 30.2   the aggregate amount of contributions within the year from each 
 30.3   source so disclosed.  A donation in kind must be disclosed at 
 30.4   its fair market value.  An approved expenditure must be listed 
 30.5   as a donation in kind.  A donation in kind is considered 
 30.6   consumed in the reporting period in which it is received.  The 
 30.7   names of contributors must be listed in alphabetical order.  
 30.8   Contributions from the same contributor must be listed under the 
 30.9   same name.  When a contribution received from a contributor in a 
 30.10  reporting period is added to previously reported unitemized 
 30.11  contributions from the same contributor and the aggregate 
 30.12  exceeds the disclosure threshold of this paragraph, the name, 
 30.13  address, and employer, or occupation if self-employed, of the 
 30.14  contributor must then be listed on the report. 
 30.15     (c) The report must disclose the sum of contributions to 
 30.16  the reporting entity and the sum of all contributions received 
 30.17  through each conduit fund and through all conduit funds during 
 30.18  the reporting period.  The report must include the name and 
 30.19  registration number of each conduit fund from which a 
 30.20  contribution was received.  
 30.21     (d) The report must disclose each loan made or received by 
 30.22  the reporting entity within the year in aggregate in excess of 
 30.23  $50, continuously reported until repaid or forgiven, together 
 30.24  with the name, address, occupation, and principal place of 
 30.25  business, if any, of the lender and any endorser, and the date 
 30.26  and amount of the loan.  If a loan made to the principal 
 30.27  campaign committee of a candidate is forgiven or is repaid by an 
 30.28  entity other than that principal campaign committee, it must be 
 30.29  reported as a contribution for the year in which the loan was 
 30.30  made.  
 30.31     (e) The report must disclose each receipt over $50 during 
 30.32  the reporting period not otherwise listed under paragraphs (b) 
 30.33  to (d).  
 30.34     (f) The report must disclose the sum of all receipts of the 
 30.35  reporting entity during the reporting period.  
 30.36     (g) The report must disclose the name and address of each 
 31.1   individual or association to whom aggregate expenditures, 
 31.2   including approved expenditures, have been made by or on behalf 
 31.3   of the reporting entity within the year in excess of $100, 
 31.4   together with the amount, date, and purpose of each expenditure 
 31.5   and the name and address of, and office sought by, each 
 31.6   candidate on whose behalf the expenditure was made, 
 31.7   identification of the ballot question that the expenditure was 
 31.8   intended to promote or defeat, and in the case of independent 
 31.9   expenditures made in opposition to a candidate, the candidate's 
 31.10  name, address, and office sought.  A reporting entity making an 
 31.11  expenditure on behalf of more than one candidate for state or 
 31.12  legislative office must allocate the expenditure among the 
 31.13  candidates on a reasonable cost basis and report the allocation 
 31.14  for each candidate. 
 31.15     (h) The report must disclose the sum of all expenditures 
 31.16  made by or on behalf of the reporting entity during the 
 31.17  reporting period.  
 31.18     (i) The report must disclose the amount and nature of an 
 31.19  advance of credit incurred by the reporting entity, continuously 
 31.20  reported until paid or forgiven.  If an advance of credit 
 31.21  incurred by the principal campaign committee of a candidate is 
 31.22  forgiven by the creditor or paid by an entity other than that 
 31.23  principal campaign committee, it must be reported as a donation 
 31.24  in kind for the year in which the advance of credit was made. 
 31.25     (j) The report must disclose the name and address of each 
 31.26  political committee, political fund, principal campaign 
 31.27  committee, or party unit to which contributions have been made 
 31.28  that aggregate in excess of $100 within the year and the amount 
 31.29  and date of each contribution. 
 31.30     (k) The report must disclose the sum of all contributions 
 31.31  made by the reporting entity during the reporting period.  
 31.32     (l) The report must disclose the name and address of each 
 31.33  individual or association to whom noncampaign disbursements have 
 31.34  been made that aggregate in excess of $100 within the year by or 
 31.35  on behalf of the reporting entity and the amount, date, and 
 31.36  purpose of each noncampaign disbursement.  
 32.1      (m) The report must disclose the sum of all noncampaign 
 32.2   disbursements made within the year by or on behalf of the 
 32.3   reporting entity.  
 32.4      (n) The report must disclose the name and address of a 
 32.5   nonprofit corporation that provides administrative assistance to 
 32.6   a political committee or political fund as authorized by section 
 32.7   211B.15, subdivision 17, the type of administrative assistance 
 32.8   provided, and the aggregate fair market value of each type of 
 32.9   assistance provided to the political committee or political fund 
 32.10  during the reporting period.  
 32.11     Subd. 5.  [CONTENTS OF REPORT; CONDUIT FUNDS.] A report by 
 32.12  a conduit fund under this section must disclose the sum of all 
 32.13  contributions received by the fund and the sum of all 
 32.14  contributions made to each political committee, political fund, 
 32.15  principal campaign committee, or party unit and to all of them 
 32.16  together during the reporting period.  The report must include 
 32.17  the registration number of each recipient of contributions from 
 32.18  the conduit fund.  
 32.19     Subd. 6.  [PERIOD OF REPORT.] A report must cover the 
 32.20  period from the last day covered by the previous report to seven 
 32.21  days before the filing date, except that the report due on 
 32.22  January 31 must cover the period from the last day covered by 
 32.23  the previous report to December 31. 
 32.24     Subd. 7.  [REPORT OF EXCESS CONTRIBUTIONS.] (a) The 
 32.25  treasurer of the principal campaign committee of a candidate who 
 32.26  has not signed a spending limit agreement under section 10B.20 
 32.27  must file with the board within seven days after the committee 
 32.28  has received aggregate contributions in excess of the 
 32.29  expenditure limit for any participating opponent of the 
 32.30  candidate a report disclosing the sum of the excess 
 32.31  contributions.  The treasurer must file an additional report 
 32.32  each Monday if the committee received additional contributions 
 32.33  during the week ending the previous Friday. 
 32.34     (b) During the last three weeks before the primary 
 32.35  election, during the last three weeks before the general 
 32.36  election, and during the last two weeks before a special primary 
 33.1   or special election, the treasurer must file the report within 
 33.2   48 hours after the aggregate contributions received since the 
 33.3   last report exceed the limit for a single contribution to the 
 33.4   candidate.  
 33.5      Subd. 8.  [REPORT WHEN NO COMMITTEE.] A candidate who does 
 33.6   not designate and cause to be formed a principal campaign 
 33.7   committee and an individual who makes independent expenditures 
 33.8   or expenditures expressly advocating the approval or defeat of a 
 33.9   ballot question in aggregate in excess of $100 in a year must 
 33.10  file with the board a report containing the information required 
 33.11  by subdivision 4.  Reports required by this subdivision must be 
 33.12  filed on the dates on which reports by committees, funds, and 
 33.13  party units are filed. 
 33.14     Subd. 9.  [STATEMENT OF INDEPENDENCE.] An individual, 
 33.15  political committee, political fund, or party unit filing a 
 33.16  report or statement disclosing an independent expenditure under 
 33.17  subdivision 4, 8, or 10 must file with the report a sworn 
 33.18  statement naming the candidate whose nomination, election, or 
 33.19  defeat the independent expenditure was intended to advocate and 
 33.20  stating that the disclosed expenditures were not made with the 
 33.21  authorization or expressed or implied consent of, or in 
 33.22  cooperation or in concert with, or at the request or suggestion 
 33.23  of any candidate or any candidate's principal campaign committee 
 33.24  or agent. 
 33.25     Subd. 10.  [INDEPENDENT EXPENDITURES; NOTICE; REPORT.] (a) 
 33.26  Within 48 hours after an individual, political committee, 
 33.27  political fund, or party unit makes or becomes obligated by oral 
 33.28  or written agreement to make an independent expenditure in 
 33.29  excess of $500, the individual, political committee, political 
 33.30  fund, or party unit must file with the board a notice of the 
 33.31  intent to make the independent expenditure and provide a copy of 
 33.32  the notice to each candidate in the affected race.  The notice 
 33.33  must contain the information with respect to the expenditure 
 33.34  that is required to be reported under subdivision 4, paragraph 
 33.35  (g), except that if an expenditure is reported before it is 
 33.36  made, the notice must include a reasonable estimate of the 
 34.1   anticipated amount.  Each new expenditure requires a new notice. 
 34.2      (b) During the last seven days before the primary, general 
 34.3   election, special primary, or special election, the notice must 
 34.4   be filed within 24 hours after making or becoming obligated to 
 34.5   make the independent expenditure. 
 34.6      (c) An individual or association may file a complaint with 
 34.7   the board that a required notice was not filed or that a notice 
 34.8   filed under this subdivision was false.  The board must 
 34.9   determine the complaint promptly.  If the board determines that 
 34.10  a notice was false and the board has distributed a public 
 34.11  subsidy to a candidate based on the false notice, the candidate 
 34.12  must return the subsidy to the board. 
 34.13     (d) An individual or association that has made an 
 34.14  independent expenditure of which notice was required under this 
 34.15  subdivision must include in its January 31 report to the board a 
 34.16  description of the content of the communication for which the 
 34.17  expenditure was made, including a copy of any printed 
 34.18  advertisement or a transcript of any broadcast advertisement. 
 34.19     Subd. 11.  [STATEMENT OF INACTIVITY.] If a reporting entity 
 34.20  has no receipts or expenditures during a reporting period, the 
 34.21  treasurer must file with the board at the time required by this 
 34.22  section a statement to that effect. 
 34.23     Subd. 12.  [EXEMPTION FROM DISCLOSURE.] The board must 
 34.24  exempt a member of or contributor to an association, or any 
 34.25  other individual, from the requirements of this section if the 
 34.26  member, contributor, or other individual demonstrates by clear 
 34.27  and convincing evidence that disclosure would expose the member 
 34.28  or contributor to economic reprisals, loss of employment, or 
 34.29  threat of physical coercion. 
 34.30     An association may seek an exemption for all of its members 
 34.31  or contributors if it demonstrates by clear and convincing 
 34.32  evidence that a substantial number of its members or 
 34.33  contributors would suffer a restrictive effect on their freedom 
 34.34  of association if members were required to seek exemptions 
 34.35  individually. 
 34.36     Subd. 13.  [EXEMPTION PROCEDURE.] An individual or 
 35.1   association seeking an exemption under subdivision 12 must 
 35.2   submit a written application for exemption to the board.  The 
 35.3   board, without hearing, must grant or deny the exemption within 
 35.4   30 days after receiving the application and must issue a written 
 35.5   order stating the reasons for its action.  The board must 
 35.6   publish its order in the State Register and give notice to all 
 35.7   parties known to the board to have an interest in the matter.  
 35.8   If the board receives a written objection to its action from any 
 35.9   party within 20 days after publication of its order and 
 35.10  notification of interested parties, the board must hold a 
 35.11  contested case hearing on the matter.  Upon the filing of a 
 35.12  timely objection from the applicant, an order denying an 
 35.13  exemption is suspended pending the outcome of the contested 
 35.14  case.  If no timely objection is received, the exemption 
 35.15  continues in effect until a written objection is filed with the 
 35.16  board in a succeeding election year.  The board must adopt rules 
 35.17  establishing a procedure so that an individual seeking an 
 35.18  exemption may proceed anonymously if the individual would be 
 35.19  exposed to the reprisals listed in subdivision 12 if the 
 35.20  individual's identity were to be revealed for the purposes of a 
 35.21  hearing. 
 35.22     Subd. 14.  [FAILURE TO FILE; PENALTY.] (a) The board must 
 35.23  notify by certified mail an individual who fails to file a 
 35.24  report required by this section.  If an individual fails to file 
 35.25  a report due January 31 within ten days after the notice was 
 35.26  mailed, the board may impose a late filing fee of $10 per day, 
 35.27  not to exceed $500, commencing on the 11th day after the notice 
 35.28  was mailed.  If an individual fails to file a report due before 
 35.29  a primary or election within three days after the date due, 
 35.30  regardless of whether the individual has received any notice, 
 35.31  the board may impose a late filing fee of $50 per day, not to 
 35.32  exceed $500, commencing on the fourth day after the date the 
 35.33  report was due.  
 35.34     (b) A person who knowingly fails to file a notice of 
 35.35  independent expenditures as required under subdivision 10, or 
 35.36  who knowingly files an erroneous notice, is subject to a civil 
 36.1   penalty imposed by the board of up to $1,000, or up to ten times 
 36.2   the amount that was not reported, whichever is greater. 
 36.3      Subd. 15.  [THIRD-PARTY REIMBURSEMENT.] An individual or 
 36.4   association filing a report disclosing an expenditure or 
 36.5   noncampaign disbursement that must be reported and itemized 
 36.6   under subdivision 4, paragraph (g) or (l), that is a 
 36.7   reimbursement to a third party must report the purpose of each 
 36.8   expenditure or disbursement for which the third party is being 
 36.9   reimbursed.  An expenditure or disbursement is a reimbursement 
 36.10  to a third party if it is for goods or services that were not 
 36.11  directly provided by the individual or association to whom the 
 36.12  expenditure or disbursement is made.  Third-party reimbursements 
 36.13  include payments to credit card companies and reimbursement of 
 36.14  individuals for expenses they have incurred. 
 36.15     Subd. 16.  [REPORTS BY SOLICITORS.] An individual or 
 36.16  association, other than a candidate or the members of a 
 36.17  candidate's principal campaign committee, that directly solicits 
 36.18  and causes others to make contributions to candidates or a party 
 36.19  unit in a house of the legislature, that aggregate more than 
 36.20  $5,000 between January 1 of a general election year and the end 
 36.21  of the reporting period must file with the board a report 
 36.22  disclosing the amount of each contribution, the names of the 
 36.23  contributors, and to whom the contributions were given.  The 
 36.24  report must be filed 15 days before a primary and ten days 
 36.25  before a general election.  The report for each calendar year 
 36.26  must be filed with the board by January 31 of the following year.
 36.27     Sec. 27.  [10B.13] [CONTRIBUTION LIMITS.] 
 36.28     Subdivision 1.  [CONTRIBUTION LIMITS.] (a) Except as 
 36.29  provided in paragraph (b) and in subdivision 2, a candidate must 
 36.30  not permit the candidate's principal campaign committee to 
 36.31  accept aggregate contributions made or delivered by an 
 36.32  individual or association in excess of the following: 
 36.33     (1) to candidates for governor and lieutenant governor 
 36.34  running together, $2,000 in an election cycle; 
 36.35     (2) to a candidate for attorney general, secretary of 
 36.36  state, or state auditor, $1,000 in an election cycle; 
 37.1      (3) to a candidate for state senator, $500 in an election 
 37.2   cycle; and 
 37.3      (4) to a candidate for state representative, $500 in an 
 37.4   election cycle. 
 37.5      (b) A candidate who accepts a public subsidy must not 
 37.6   permit the candidate's principal campaign committee to accept 
 37.7   aggregate contributions made or delivered by an individual, 
 37.8   political committee, or political fund in excess of $50 in an 
 37.9   election cycle. 
 37.10     (c) The following deliveries are not subject to the 
 37.11  bundling limitation in this subdivision: 
 37.12     (1) delivery of contributions collected by a member of the 
 37.13  candidate's principal campaign committee who was registered with 
 37.14  the board to accept contributions on behalf of the committee 
 37.15  before the contributions were accepted; and 
 37.16     (2) a delivery made by an individual on behalf of the 
 37.17  individual's spouse.  
 37.18     Subd. 2.  [POLITICAL PARTY LIMIT.] (a) A participating 
 37.19  candidate must not permit the candidate's principal campaign 
 37.20  committee to accept contributions, including approved 
 37.21  expenditures, from any political party units in aggregate in 
 37.22  excess of 25 percent of the portion of the candidate's spending 
 37.23  limit set forth in section 10B.17, subdivision 2, paragraph (a), 
 37.24  clauses (1) to (4). 
 37.25     (b) A nonparticipating candidate must not permit the 
 37.26  candidate's principal campaign committee to accept 
 37.27  contributions, including approved expenditures, from any 
 37.28  political party units in aggregate in excess of ten times the 
 37.29  amount that may be contributed to that candidate under 
 37.30  subdivision 1.  
 37.31     Subd. 3.  [EXCESS LOANS PROHIBITED.] A candidate must not 
 37.32  permit the candidate's principal campaign committee to accept a 
 37.33  loan from other than a financial institution for an amount in 
 37.34  excess of the contribution limits imposed by this section.  A 
 37.35  candidate must not permit the candidate's principal campaign 
 37.36  committee to accept a loan from a financial institution for 
 38.1   which the financial institution may hold an endorser of the loan 
 38.2   liable to pay an amount in excess of the amount that the 
 38.3   endorser may contribute to that candidate. 
 38.4      Subd. 4.  [CONTRIBUTIONS TO AND FROM OTHER CANDIDATES.] (a) 
 38.5   A candidate or the treasurer of a candidate's principal campaign 
 38.6   committee must not accept a contribution from another 
 38.7   candidate's principal campaign committee or from any other 
 38.8   committee bearing the contributing candidate's name or title or 
 38.9   otherwise authorized by the contributing candidate, unless the 
 38.10  contributing candidate's principal campaign committee is being 
 38.11  dissolved.  A candidate's principal campaign committee must not 
 38.12  make a contribution to another candidate's principal campaign 
 38.13  committee, except when the contributing committee is being 
 38.14  dissolved. 
 38.15     (b) A candidate's principal campaign committee must not 
 38.16  accept a contribution from, or make a contribution to, a 
 38.17  committee associated with a person who seeks nomination or 
 38.18  election to the office of president, senator, or representative 
 38.19  in Congress of the United States. 
 38.20     (c) A candidate or the treasurer of a candidate's principal 
 38.21  campaign committee must not accept a contribution from a 
 38.22  candidate for political subdivision office in any state, unless 
 38.23  the contribution is from the personal funds of the candidate for 
 38.24  political subdivision office.  A candidate or the treasurer of a 
 38.25  candidate's principal campaign committee must not make a 
 38.26  contribution from the principal campaign committee to a 
 38.27  candidate for political subdivision office in any state. 
 38.28     Subd. 5.  [LIMITED PERSONAL CONTRIBUTIONS.] A participating 
 38.29  candidate may not contribute to the candidate's own campaign 
 38.30  more than $500 in an election cycle. 
 38.31     Subd. 6.  [CONTRIBUTIONS FROM CERTAIN TYPES OF 
 38.32  CONTRIBUTORS.] A candidate must not permit the candidate's 
 38.33  principal campaign committee to accept a contribution from a 
 38.34  political committee, political fund, lobbyist, or large 
 38.35  contributor, if the contribution will cause the aggregate 
 38.36  contributions from those types of contributors to exceed an 
 39.1   amount equal to 20 percent of the expenditure limits for the 
 39.2   office sought by the candidate.  For purposes of this 
 39.3   subdivision, "large contributor" means an individual, other than 
 39.4   the candidate, who contributes an amount that is more than $100 
 39.5   and more than one-half the amount an individual may contribute. 
 39.6      Subd. 7.  [UNREGISTERED ASSOCIATION LIMIT; STATEMENT; 
 39.7   PENALTY.] (a) The treasurer of a political committee, political 
 39.8   fund, principal campaign committee, or party unit must not 
 39.9   accept a contribution of more than $100 from an association not 
 39.10  registered under this chapter unless the contribution is 
 39.11  accompanied by a written statement that meets the disclosure and 
 39.12  reporting period requirements imposed by section 10B.12.  This 
 39.13  statement must be certified as true and correct by an officer of 
 39.14  the contributing association.  The committee, fund, or party 
 39.15  unit that accepts the contribution must include a copy of the 
 39.16  statement with the report that discloses the contribution to the 
 39.17  board.  
 39.18     (b) An unregistered association may provide the written 
 39.19  statement required by this subdivision to no more than three 
 39.20  committees, funds, or party units in a calendar year.  Each 
 39.21  statement must cover at least the 30 days immediately preceding 
 39.22  and including the date on which the contribution was made.  An 
 39.23  unregistered association or an officer of it is subject to a 
 39.24  civil penalty imposed by the board if the association or its 
 39.25  officer: 
 39.26     (1) fails to provide a written statement as required by 
 39.27  this subdivision; or 
 39.28     (2) fails to register after giving the written statement 
 39.29  required by this subdivision to more than three committees, 
 39.30  funds, or party units in a calendar year. 
 39.31     Subd. 8.  [CONTRIBUTIONS TO POLITICAL COMMITTEES OR FUNDS.] 
 39.32  The treasurer of a political committee or political fund that 
 39.33  makes contributions to candidates must not permit the political 
 39.34  committee or political fund to accept aggregate contributions 
 39.35  from an individual in an amount more than $250 in a calendar 
 39.36  year or from another political committee or political fund in 
 40.1   any amount. 
 40.2      Subd. 9.  [CONTRIBUTIONS TO POLITICAL PARTIES.] (a) An 
 40.3   individual or association must not give and the treasurer of the 
 40.4   state committee of a political party must not permit the 
 40.5   political party to accept aggregate contributions for any 
 40.6   purpose from an individual, or from an association that makes 
 40.7   contributions to candidates, in an amount more than $5,000 in an 
 40.8   election cycle.  
 40.9      (b) A political party unit may not accept a transfer from 
 40.10  its national party organization, nor from a party unit in any 
 40.11  other state, unless the transfer is from a separate and 
 40.12  segregated fund that contains only contributions from 
 40.13  individuals and associations that would have been permitted 
 40.14  under the law of this state if they had been made directly to 
 40.15  the political party unit.  
 40.16     Subd. 10.  [AGGREGATE LIMIT ON INDIVIDUALS.] An individual 
 40.17  may not contribute more than $10,000 in aggregate contributions 
 40.18  for any purpose to all candidates, and to all political 
 40.19  committees, political funds, and party units that make 
 40.20  contributions to candidates, in an election cycle. 
 40.21     Sec. 28.  [10B.14] [CONTRIBUTIONS AND SOLICITATIONS DURING 
 40.22  LEGISLATIVE SESSION.] 
 40.23     Subdivision 1.  [CONTRIBUTIONS DURING LEGISLATIVE SESSION.] 
 40.24  A candidate for the legislature or for constitutional office, 
 40.25  the candidate's principal campaign committee, or a political 
 40.26  committee or party unit established by all or a part of the 
 40.27  party organization within a house of the legislature, must not 
 40.28  solicit or accept a contribution from a registered lobbyist, 
 40.29  political committee, or political fund, or from a party unit 
 40.30  established by the party organization within a house of the 
 40.31  legislature, during a regular session of the legislature. 
 40.32     Subd. 2.  [PARTY UNIT SOLICITATIONS.] A political party 
 40.33  unit must not solicit or receive at an event hosted by a 
 40.34  candidate for the legislature or by a candidate for 
 40.35  constitutional office a contribution from a lobbyist, political 
 40.36  committee, political fund, or party unit during a regular 
 41.1   session of the legislature. 
 41.2      Subd. 3.  [DEFINITION.] For purposes of this section, 
 41.3   "regular session" does not include a special session or the 
 41.4   interim between the two annual sessions of a biennium.  
 41.5      Subd. 4.  [CIVIL PENALTY.] A candidate, political 
 41.6   committee, or party unit that violates this section is subject 
 41.7   to a civil penalty imposed by the board.  If the board makes a 
 41.8   public finding that there is probable cause to believe a 
 41.9   violation of this section has occurred, the board must bring an 
 41.10  action, or transmit the finding to a county attorney who must 
 41.11  bring an action, in the district court of Ramsey county, to 
 41.12  collect the civil penalty as imposed by the board.  Penalties 
 41.13  paid under this section must be deposited in the general fund in 
 41.14  the state treasury. 
 41.15     Subd. 5.  [SPECIAL ELECTION.] This section does not apply 
 41.16  to a candidate or a candidate's principal campaign committee in 
 41.17  a legislative special election during the period beginning when 
 41.18  the person becomes a candidate in the special election and 
 41.19  ending on the day of the special election. 
 41.20     Sec. 29.  [10B.15] [CIRCUMVENTION PROHIBITED.] 
 41.21     Any attempt by an individual or association to circumvent 
 41.22  this chapter by redirecting a contribution through, or making a 
 41.23  contribution on behalf of, another individual or association is 
 41.24  a gross misdemeanor. 
 41.25     Sec. 30.  [10B.16] [POLITICAL CONTRIBUTION REFUND.] 
 41.26     Subdivision 1.  [CLAIM; RECEIPT FORM.] (a) A taxpayer may 
 41.27  claim a refund equal to the amount of the taxpayer's 
 41.28  contributions made in the calendar year to a political party.  
 41.29  The refund for an individual must not exceed $50 and for a 
 41.30  married couple, filing jointly, must not exceed $100.  
 41.31     (b) A refund of a contribution is allowed only if the 
 41.32  taxpayer files a form required by the commissioner of revenue 
 41.33  and attaches to the form a copy of an official refund receipt 
 41.34  form issued by the party and signed by the party chair, after 
 41.35  the contribution was received.  The board must make available to 
 41.36  a political party as defined in subdivision 3, on request, a 
 42.1   supply of official refund receipt forms that state in boldface 
 42.2   type that a contributor who is given a receipt form is eligible 
 42.3   to claim a refund as provided in this section.  The forms must 
 42.4   provide duplicate copies of the receipt to be attached to the 
 42.5   contributor's claim.  The receipt forms must be numbered, and 
 42.6   the data on the receipt that are not public must be made 
 42.7   available to the board upon its request.  A party unit must 
 42.8   return to the board with its termination report or destroy any 
 42.9   official receipt forms that have not been issued.  
 42.10     (c) A claim must be filed with the commissioner of revenue 
 42.11  no sooner than January 1 of the calendar year in which the 
 42.12  contribution was made and no later than April 15 of the calendar 
 42.13  year following the calendar year in which the contribution was 
 42.14  made.  A taxpayer may file only one claim per calendar year.  
 42.15  Amounts paid by the commissioner after June 15 of the calendar 
 42.16  year following the calendar year in which the contribution was 
 42.17  made must include interest at the rate specified in section 
 42.18  270.76. 
 42.19     Subd. 2.  [POLITICAL PARTY ELIGIBILITY.] (a) For purposes 
 42.20  of this subdivision, "political party" means a major political 
 42.21  party as defined in section 200.02, subdivision 7, or a minor 
 42.22  political party as defined in section 200.02, subdivision 23, 
 42.23  that satisfies the following conditions, as certified by the 
 42.24  secretary of state to the commissioner of revenue and the 
 42.25  campaign finance and public disclosure board by July 1 of the 
 42.26  taxable year: 
 42.27     (1) in the last general election for constitutional 
 42.28  officers, the party ran a candidate for the office of governor, 
 42.29  secretary of state, state auditor, or attorney general who 
 42.30  received votes in each county that in the aggregate total at 
 42.31  least one percent of the total number of individuals who voted 
 42.32  in the election; 
 42.33     (2) it is a political party, not a principal campaign 
 42.34  committee; 
 42.35     (3) it has held a state convention in the last two years 
 42.36  and an officer of the party has filed with the secretary of 
 43.1   state a certification to that effect; and 
 43.2      (4) it has agreed not to make independent expenditures. 
 43.3      (b) A "major party" or "minor party" includes the aggregate 
 43.4   of that party's organization within each house of the 
 43.5   legislature, the state party organization, and the party 
 43.6   organization within congressional districts, counties, and 
 43.7   legislative districts.  
 43.8      (c) "Candidate" means a candidate as defined in section 
 43.9   10B.01, subdivision 8, except a candidate for judicial office.  
 43.10     (d) "Contribution" means a gift of money. 
 43.11     Subd. 3.  [COPIES OF FORM.] The commissioner shall make 
 43.12  copies of the form available to political party units upon 
 43.13  request. 
 43.14     Subd. 4.  [DATA PRIVACY.] The following data collected or 
 43.15  maintained by the commissioner under this subdivision are 
 43.16  private:  the identities of individuals claiming a refund and 
 43.17  the amount of each contribution.  
 43.18     Subd. 5.  [REPORT.] The commissioner shall report to the 
 43.19  campaign finance and public disclosure board by each August 1 a 
 43.20  summary showing the total number and aggregate amount of 
 43.21  political contribution refunds made on behalf of each political 
 43.22  party.  These data are public. 
 43.23     Subd. 6.  [APPROPRIATION.] The amount necessary to pay 
 43.24  claims for the refund provided in this section is appropriated 
 43.25  from the general fund to the commissioner of revenue. 
 43.26     Sec. 31.  [10B.17] [SPENDING LIMITS.] 
 43.27     Subdivision 1.  [LIMITS ARE VOLUNTARY.] The expenditure 
 43.28  limits imposed by this section apply only to a candidate who has 
 43.29  signed an agreement under section 10B.20 to be bound by them as 
 43.30  a condition of receiving a public subsidy for the candidate's 
 43.31  campaign. 
 43.32     Subd. 2.  [AMOUNTS.] (a) Except as provided in section 
 43.33  10B.13, subdivision 2, paragraph (a), and in paragraphs (b) and 
 43.34  (d) of this subdivision, the principal campaign committee of a 
 43.35  candidate must not make campaign expenditures nor permit 
 43.36  approved expenditures to be made on behalf of the candidate 
 44.1   during an election cycle that result in aggregate expenditures 
 44.2   in excess of the following: 
 44.3      (1) for governor and lieutenant governor, running together, 
 44.4   $2,500,000; 
 44.5      (2) for attorney general, secretary of state, and state 
 44.6   auditor, separately, $1,000,000; 
 44.7      (3) for state senator, $60,000; and 
 44.8      (4) for state representative, $30,000. 
 44.9      (b) In addition to the amount in paragraph (a), the 
 44.10  principal campaign committee of a candidate may make 
 44.11  expenditures, called "seed money," during an election cycle and 
 44.12  before the candidate files an affidavit of qualifying 
 44.13  contributions under section 10B.21 in the following amounts: 
 44.14     (1) for governor and lieutenant governor, running together, 
 44.15  $50,000; 
 44.16     (2) for attorney general, secretary of state, and state 
 44.17  auditor, separately, $25,000; 
 44.18     (3) for state senator, $4,000; and 
 44.19     (4) for state representative, $2,000. 
 44.20     (c) If a special election cycle occurs during a general 
 44.21  election cycle, expenditures by or on behalf of a candidate in 
 44.22  the special election do not count as expenditures by or on 
 44.23  behalf of the candidate in the general election. 
 44.24     (d) The expenditure limits in this subdivision for an 
 44.25  office are increased by ten percent for a candidate who is 
 44.26  running for that office for the first time and who has not run 
 44.27  previously for any other office whose territory now includes a 
 44.28  population that is more than one-third of the population in the 
 44.29  territory of the new office. 
 44.30     Subd. 3.  [AGGREGATED EXPENDITURES.] If a candidate makes 
 44.31  expenditures from more than one principal campaign committee for 
 44.32  nomination or election to statewide office in the same election 
 44.33  cycle, the amount of expenditures from all of the candidate's 
 44.34  principal campaign committees for statewide office for that 
 44.35  election cycle must be aggregated for purposes of applying the 
 44.36  limits on expenditures under subdivision 2. 
 45.1      Subd. 4.  [GOVERNOR AND LIEUTENANT GOVERNOR AS A SINGLE 
 45.2   CANDIDATE.] For the purposes of this chapter, a candidate for 
 45.3   governor and a candidate for lieutenant governor, running 
 45.4   together, are considered a single candidate.  All expenditures 
 45.5   made by or all approved expenditures made on behalf of the 
 45.6   candidate for lieutenant governor are considered to be 
 45.7   expenditures by or approved expenditures on behalf of the 
 45.8   candidate for governor. 
 45.9      Subd. 5.  [INDEPENDENT EXPENDITURES.] The principal 
 45.10  campaign committee of a candidate must not make independent 
 45.11  expenditures. 
 45.12     Subd. 6.  [RELEASE FROM EXPENDITURE LIMITS.] (a) A 
 45.13  candidate who has agreed to be bound by the expenditure limits 
 45.14  imposed by this section as a condition of receiving a public 
 45.15  subsidy for the candidate's campaign is released from the 
 45.16  expenditure limits but remains eligible to receive a public 
 45.17  subsidy if the candidate has an opponent who does not agree to 
 45.18  be bound by the limits and who receives contributions during 
 45.19  that election cycle in excess of the sum of seed money 
 45.20  contributions the candidate was allowed to spend and political 
 45.21  party contributions and public subsidy the participating 
 45.22  candidate has received through that part of the election cycle. 
 45.23     (b) A candidate who has not agreed to be bound by 
 45.24  expenditure limits, or the candidate's principal campaign 
 45.25  committee, must file written notice with the board and provide 
 45.26  written notice to any opponent of the candidate for the same 
 45.27  office within seven days after exceeding the limit in paragraph 
 45.28  (a).  The notice must state only that the candidate or 
 45.29  candidate's principal campaign committee has received 
 45.30  contributions in excess of the limit in paragraph (a).  Upon 
 45.31  receipt of the notice, the candidate who had agreed to be bound 
 45.32  by the limits is no longer bound by the expenditure limits. 
 45.33     Sec. 32.  [10B.18] [ADJUSTMENT BY CONSUMER PRICE INDEX.] 
 45.34     Subdivision 1.  [METHOD OF CALCULATION.] The dollar amounts 
 45.35  in section 10B.17, subdivision 2, must be adjusted for general 
 45.36  election years as provided in this section.  In the year before 
 46.1   each general election year, the executive director of the board 
 46.2   must determine the percentage increase in the Consumer Price 
 46.3   Index from December of the second preceding general election 
 46.4   year to December of the last general election year.  The dollar 
 46.5   amounts used for the preceding general election year must be 
 46.6   multiplied by that percentage.  The product of the calculation, 
 46.7   rounded up to the next highest $100 increment, must be added to 
 46.8   each dollar amount to produce the dollar limitations to be in 
 46.9   effect for the next general election.  The index used must be 
 46.10  the revised Consumer Price Index for all urban consumers for the 
 46.11  St. Paul-Minneapolis metropolitan area prepared by the United 
 46.12  States Department of Labor. 
 46.13     Subd. 2.  [PUBLICATION OF EXPENDITURE LIMIT.] By April 1 of 
 46.14  the year before each election year the board must publish in the 
 46.15  State Register the expenditure limit for each office for that 
 46.16  calendar year under section 10B.17 as adjusted by this section.  
 46.17  The revisor of statutes must code the adjusted amounts in the 
 46.18  next edition of Minnesota Statutes.  
 46.19     Sec. 33.  [10B.19] [MULTICANDIDATE POLITICAL PARTY 
 46.20  EXPENDITURES.] 
 46.21     Notwithstanding other provisions of this chapter, the 
 46.22  following expenditures by a party unit, or two or more party 
 46.23  units acting together, with at least one party unit being either 
 46.24  the state committee or the party organization within a 
 46.25  congressional district, county, or legislative district, are not 
 46.26  considered contributions to or expenditures on behalf of a 
 46.27  candidate for the purposes of section 10B.13 or 10B.17 and must 
 46.28  not be allocated to candidates under section 10B.12, subdivision 
 46.29  4, paragraph (g): 
 46.30     (1) expenditures not on behalf of any candidate; or 
 46.31     (2) expenditures on behalf of candidates of that party 
 46.32  generally without referring to any of them specifically by name 
 46.33  or image in a published, posted, or broadcast advertisement.  
 46.34     Sec. 34.  [10B.20] [SPENDING LIMIT AGREEMENT.] 
 46.35     Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
 46.36  condition of receiving a public subsidy, a candidate must sign 
 47.1   and file with the board a written agreement in which the 
 47.2   candidate agrees that the candidate will comply with sections 
 47.3   10B.13, subdivisions 1, 2, and 5; 10B.17; and 10B.23. 
 47.4      (b) Before the first day of filing for office, the board 
 47.5   must forward agreement forms to all filing officers.  The board 
 47.6   must also provide agreement forms to candidates on request at 
 47.7   any time.  The candidate must file the agreement with the board 
 47.8   no sooner than January 1 in the general election year and no 
 47.9   later than the day after the candidate files the affidavit of 
 47.10  candidacy for the office.  An agreement may not be filed with 
 47.11  the board after that date.  An agreement once filed may not be 
 47.12  rescinded. 
 47.13     Subd. 2.  [HOW LONG AGREEMENT IS EFFECTIVE.] The agreement, 
 47.14  insofar as it relates to the expenditure limits in section 
 47.15  10B.17, as adjusted by section 10B.18, and the contribution 
 47.16  limit in section 10B.13, subdivision 5, remains effective for 
 47.17  candidates until the dissolution of the principal campaign 
 47.18  committee of the candidate or the end of the first election 
 47.19  cycle completed after the agreement was filed, whichever occurs 
 47.20  first. 
 47.21     Sec. 35.  [10B.21] [QUALIFYING CONTRIBUTIONS.] 
 47.22     Subdivision 1.  [AMOUNTS.] In addition to the requirements 
 47.23  of section 10B.20, to be eligible to receive a public subsidy 
 47.24  under section 10B.22, a candidate must receive qualifying 
 47.25  contributions from individuals eligible to vote in this state 
 47.26  and, in the case of a legislative candidate, at least one-half 
 47.27  from individuals eligible to vote for the candidate, in the 
 47.28  amount indicated for the office sought, counting only the first 
 47.29  $5 received from each contributor: 
 47.30     (1) candidates for governor and lieutenant governor, 
 47.31  running together, $22,000; 
 47.32     (2) candidates for attorney general, secretary of state, 
 47.33  and state auditor, separately, $12,500; 
 47.34     (3) candidates for the senate, $1,500; and 
 47.35     (4) candidates for the house of representatives, $750. 
 47.36     A candidate for statewide office must receive at least five 
 48.1   percent of the qualifying amount from residents of each 
 48.2   congressional district. 
 48.3      Subd. 2.  [STATEMENT OF INTENT TO PARTICIPATE.] A candidate 
 48.4   who intends to participate in the public subsidy program must 
 48.5   file with the board, in a form approved by the board, a 
 48.6   statement of intent to participate.  The statement may not be 
 48.7   filed before the beginning of the election cycle.  
 48.8      Subd. 3.  [RECEIPT.] The board must make available to each 
 48.9   candidate who has filed a statement of intent to participate in 
 48.10  the public subsidy program copies of the official contribution 
 48.11  receipt form designed by the board.  The receipt must state that 
 48.12  the contributor understands that the purpose of the contribution 
 48.13  is to help the candidate qualify for a public subsidy.  The form 
 48.14  must include space for the contributor's printed name, 
 48.15  signature, and home address, and the name of the candidate on 
 48.16  whose behalf the contribution was made.  The candidate or the 
 48.17  treasurer of the candidate's principal campaign committee must 
 48.18  provide to the contributor a receipt, which must be properly 
 48.19  completed and signed by the contributor and returned to the 
 48.20  candidate.  The candidate must keep one copy of the receipt and 
 48.21  file a second copy with the board, along with the affidavit of 
 48.22  contributions required by subdivision 4. 
 48.23     Subd. 4.  [AFFIDAVIT.] No sooner than January 1 in the 
 48.24  general election year and no later than the day after the 
 48.25  candidate files the affidavit of candidacy for the office, a 
 48.26  candidate who intends to participate in the public subsidy 
 48.27  program, or the treasurer of the candidate's principal campaign 
 48.28  committee, must file with the board an affidavit stating that, 
 48.29  since January 1 in the year before the general election year, 
 48.30  the candidate's principal campaign committee has received 
 48.31  qualifying contributions in the amount specified in subdivision 
 48.32  1.  
 48.33     Subd. 5.  [SPECIAL ELECTIONS.] A candidate for a vacancy to 
 48.34  be filled at a special election must receive qualifying 
 48.35  contributions in one-third the amounts specified in subdivision 
 48.36  1.  If the filing period for the special election does not 
 49.1   coincide with the filing period for the general election, the 
 49.2   candidate must submit the affidavit required by this section to 
 49.3   the board within five days after filing the affidavit of 
 49.4   candidacy. 
 49.5      Sec. 36.  [10B.22] [PUBLIC SUBSIDY.] 
 49.6      Subdivision 1.  [PAYMENT TO PARTICIPATING CANDIDATES.] Upon 
 49.7   determining that a candidate has met all the requirements for 
 49.8   receiving a public subsidy, the board must designate the 
 49.9   candidate as "participating."  The board must pay each 
 49.10  participating candidate a public subsidy as provided in this 
 49.11  section.  The payment must be in the form of a check made 
 49.12  "payable to the campaign fund of ...... (name of candidate)."  
 49.13  An amount sufficient to make the payment is appropriated to the 
 49.14  board from the general fund.  
 49.15     Subd. 2.  [PAYMENT UPON QUALIFYING.] Within one week after 
 49.16  it has designated a candidate as participating, the board must 
 49.17  pay to the participating candidate a public subsidy equal to 20 
 49.18  percent of the participating candidate's spending limit. 
 49.19     Subd. 3.  [PAYMENT UPON FILING FOR OFFICE.] Within one week 
 49.20  after the close of filings for office, the board must pay a 
 49.21  participating candidate who has an opponent in either the 
 49.22  primary or the general election a public subsidy equal to 20 
 49.23  percent of the candidate's spending limit. 
 49.24     Subd. 4.  [PAYMENT FOR GENERAL ELECTION.] As soon as the 
 49.25  board has obtained from the secretary of state the results of 
 49.26  the primary election, but no later than one week after the state 
 49.27  canvassing board has certified the results of the primary, the 
 49.28  board must pay to each participating candidate whose name will 
 49.29  appear on the ballot in the general election a public subsidy 
 49.30  equal to 60 percent of the candidate's spending limit, except 
 49.31  that a candidate who has no opponent in the general election 
 49.32  must be paid a subsidy equal to six percent of the candidate's 
 49.33  spending limit. 
 49.34     Subd. 5.  [PAYMENT TO MATCH EXCESS CONTRIBUTIONS.] Upon 
 49.35  receipt of a report of excess contributions under section 
 49.36  10B.12, subdivision 7, the board must notify any participating 
 50.1   opponent of the nonparticipating candidate of the amount of the 
 50.2   excess.  Upon receipt of the first report, the board must pay 
 50.3   the participating candidate an additional public subsidy equal 
 50.4   to the participating candidate's original spending limit.  The 
 50.5   additional subsidy may only be spent, and the spending limit of 
 50.6   the participating candidate is only increased, by the aggregate 
 50.7   amount of excess contributions reported for that election cycle. 
 50.8      Subd. 6.  [PAYMENT TO MATCH INDEPENDENT EXPENDITURES.] (a) 
 50.9   Within 24 hours after receipt of a notice of independent 
 50.10  expenditures under section 10B.12, subdivision 10, the board 
 50.11  must notify each participating candidate in the affected race of 
 50.12  the amount of the independent expenditure.  Along with the first 
 50.13  notice under this subdivision, the board must pay an additional 
 50.14  public subsidy to each participating candidate in an amount 
 50.15  equal to the participating candidate's original spending limit, 
 50.16  to be spent only as provided in this subdivision.  For purposes 
 50.17  of this subdivision, before the primary election, "opponent" 
 50.18  includes the candidates whose names are on the ballot for the 
 50.19  primary of the same major party or, if there are none, the 
 50.20  candidates whose names will be on the ballot for the general 
 50.21  election.  
 50.22     (b) If the independent expenditure advocates the defeat of 
 50.23  a participating candidate, the additional subsidy may be spent, 
 50.24  and the spending limit of the participating candidate is 
 50.25  increased, up to the aggregate amount of independent 
 50.26  expenditures to defeat the participating candidate reported for 
 50.27  that election cycle. 
 50.28     (c) If the independent expenditure advocates the election 
 50.29  of a candidate and the sum of assets carried forward, 
 50.30  contributions received as of the last reporting date, public 
 50.31  subsidy received, and independent expenditures made in support 
 50.32  of the candidate exceeds 120 percent of the spending limit for a 
 50.33  participating opponent candidate for the legislature or 110 
 50.34  percent of the spending limit for a participating opponent 
 50.35  candidate for constitutional officer, the participating opponent 
 50.36  may spend the additional public subsidy, and the participating 
 51.1   opponent's spending limit is increased, up to one-half the 
 51.2   excess independent expenditures in support of the candidate 
 51.3   reported for that election cycle.  
 51.4      (d) If an individual, political committee, political fund, 
 51.5   or party unit has made expenditures in support of a candidate, 
 51.6   any expenditure by the spender during the same election cycle to 
 51.7   advocate the defeat of the candidate or in support of an 
 51.8   opponent of the candidate does not authorize the candidate to 
 51.9   spend matching money under paragraph (b) or (c). 
 51.10     Subd. 7.  [PAYMENT FOR SPECIAL ELECTION.] The board must 
 51.11  pay each participating candidate for legislative office in a 
 51.12  special election an amount equal to the candidate's spending 
 51.13  limit within 48 hours after the candidate has been designated as 
 51.14  participating, but the candidate may spend only an amount equal 
 51.15  to 20 percent of the candidate's spending limit upon being 
 51.16  designated as participating, a candidate who has an opponent in 
 51.17  either the primary or general election may spend an additional 
 51.18  20 percent upon filing for office, and a candidate whose name 
 51.19  has been certified to appear on the ballot for the general 
 51.20  election may spend an additional 60 percent.  Any amount not 
 51.21  spent by the candidate must be returned to the board under 
 51.22  section 10B.23. 
 51.23     Subd. 8.  [PAYMENT WITHHELD.] If a candidate has not yet 
 51.24  filed a campaign finance report required by section 10B.12, or 
 51.25  the candidate owes money to the board, the board must withhold 
 51.26  the candidate's public subsidy until the report has been filed 
 51.27  or the debt has been paid, whichever applies.  If the report has 
 51.28  not been filed or the debt has not been paid to the board by the 
 51.29  end of the fiscal year, the subsidy must be applied to the debts 
 51.30  owed by the candidate to the board and any remaining amount must 
 51.31  be canceled to the general fund. 
 51.32     Sec. 37.  [10B.23] [RETURN OF PUBLIC SUBSIDY.] 
 51.33     Subdivision 1.  [WHEN RETURN REQUIRED.] A candidate must 
 51.34  return all or a portion of the public subsidy received under 
 51.35  section 10B.22 under the circumstances in this section or 
 51.36  section 10B.24, subdivision 1. 
 52.1      To the extent that the amount of public subsidy received 
 52.2   exceeds the actual expenditures made by the principal campaign 
 52.3   committee of the candidate, the treasurer of the candidate's 
 52.4   principal campaign committee must return an amount equal to the 
 52.5   difference to the board.  The cost of postage that was not used 
 52.6   during an election cycle and payments that created credit 
 52.7   balances at vendors at the close of an election cycle are not 
 52.8   considered expenditures for purposes of determining the amount 
 52.9   to be returned.  Expenditures in excess of the candidate's 
 52.10  spending limit do not count in determining aggregate 
 52.11  expenditures under this paragraph. 
 52.12     Subd. 2.  [HOW RETURN DETERMINED.] Whether or not a 
 52.13  candidate is required under subdivision 1 to return all or a 
 52.14  portion of the public subsidy must be determined from the report 
 52.15  required to be filed with the board by that candidate by January 
 52.16  31 of the year following an election.  An amount required to be 
 52.17  returned must be submitted in the form of a check or money order 
 52.18  and must accompany the report filed with the board.  The board 
 52.19  must deposit the check or money order in the state treasury for 
 52.20  credit to the general fund.  The amount returned must not exceed 
 52.21  the amount of public subsidy received by the candidate. 
 52.22     Sec. 38.  [10B.24] [CARRYFORWARD.] 
 52.23     Subdivision 1.  [UNUSED FUNDS.] After all campaign 
 52.24  expenditures and noncampaign disbursements for an election cycle 
 52.25  have been made, a principal campaign committee may carry forward 
 52.26  assets equal to the amount that the candidate may spend in the 
 52.27  next election cycle before being designated a participating 
 52.28  candidate for the same office, as set forth in section 10B.17, 
 52.29  subdivision 2, paragraph (b).  Any remaining assets up to the 
 52.30  total amount of the public subsidy received under section 10B.22 
 52.31  must be returned to the state treasury for credit to the general 
 52.32  fund under section 10B.23.  Any remaining assets in excess of 
 52.33  the total public subsidy must be contributed to the general 
 52.34  fund, a public school, or a charity, or to a political party for 
 52.35  multicandidate expenditures as defined in section 10B.19. 
 52.36     Subd. 2.  [UNUSED POSTAGE AND CREDIT BALANCES CARRIED 
 53.1   FORWARD.] Postage that is purchased but not used during an 
 53.2   election cycle and credit balances at vendors that exceed a 
 53.3   combined total of $500 must be carried forward and counted as 
 53.4   expenditures during the election cycle during which they are 
 53.5   used. 
 53.6      Sec. 39.  [10B.25] [PENALTY FOR EXCEEDING LIMITS.] 
 53.7      Subdivision 1.  [EXCEEDING CONTRIBUTION LIMITS.] (a) A 
 53.8   candidate who permits the candidate's principal campaign 
 53.9   committee, or the treasurer of a political committee, political 
 53.10  fund, or party unit who permits the committee, fund, or party 
 53.11  unit to accept contributions in excess of the limits imposed by 
 53.12  section 10B.13 is subject to a civil penalty of up to ten times 
 53.13  the amount by which the contribution exceeds the limits.  
 53.14     (b) The board may order a candidate who has permitted the 
 53.15  candidate's principal campaign committee to accept contributions 
 53.16  in excess of the limits imposed by section 10B.13 to return any 
 53.17  public subsidy the candidate has received.  The board must 
 53.18  deposit the amount returned in the state treasury and credit it 
 53.19  to the general fund.  
 53.20     (c) The board may recommend that a candidate who was 
 53.21  nominated or elected to office after violating section 10B.13 
 53.22  should forfeit the nomination or office.  
 53.23     Subd. 2.  [EXCEEDING EXPENDITURE LIMITS.] (a) A candidate 
 53.24  subject to the expenditure limits in section 10B.17 who permits 
 53.25  the candidate's principal campaign committee to make 
 53.26  expenditures or permits approved expenditures to be made on the 
 53.27  candidate's behalf in excess of the limits imposed by section 
 53.28  10B.17, as adjusted by section 10B.18, is subject to a civil 
 53.29  penalty imposed by the board of up to ten times the amount by 
 53.30  which the expenditures exceed the limit. 
 53.31     (b) The board may order a candidate subject to the 
 53.32  expenditure limits in section 10B.17 who has permitted the 
 53.33  candidate's principal campaign committee to make expenditures or 
 53.34  has permitted approved expenditures to be made on the 
 53.35  candidate's behalf in excess of the limits imposed by section 
 53.36  10B.17, as adjusted by section 10B.18, to return to the board 
 54.1   any public subsidy the candidate has received.  The board must 
 54.2   deposit the amount returned in the state treasury and credit it 
 54.3   to the general fund.  
 54.4      (c) The board may recommend that a candidate who was 
 54.5   nominated or elected after violating the limits in section 
 54.6   10B.17 should forfeit the nomination or office.  
 54.7      Subd. 3.  [CONCILIATION AGREEMENT.] If the board finds that 
 54.8   there is reason to believe that excess contributions have been 
 54.9   accepted contrary to section 10B.13 or excess expenditures made 
 54.10  contrary to section 10B.17, the board must make every effort for 
 54.11  a period of at least 14 days after its finding to correct the 
 54.12  matter by informal methods of conference and conciliation and to 
 54.13  enter a conciliation agreement with the person involved.  A 
 54.14  conciliation agreement under this subdivision is a matter of 
 54.15  public record.  Unless violated, a conciliation agreement is a 
 54.16  bar to any civil proceeding under subdivision 4. 
 54.17     Subd. 4.  [CIVIL ACTION.] (a) If the board is unable after 
 54.18  a reasonable time to correct by informal methods a matter that 
 54.19  constitutes probable cause to believe that excess contributions 
 54.20  have been accepted contrary to section 10B.13 or excess 
 54.21  expenditures made contrary to section 10B.17, the board must 
 54.22  make a public finding of probable cause in the matter.  After 
 54.23  making a public finding, the board must bring an action, or 
 54.24  transmit the finding to a county attorney who must bring an 
 54.25  action, in the district court of Ramsey county or, in the case 
 54.26  of a legislative candidate, the district court of a county 
 54.27  within the legislative district, to collect a civil penalty 
 54.28  imposed by the board, to demand the return of any public subsidy 
 54.29  paid to the candidate, or to have the nomination or office 
 54.30  declared forfeited.  All money recovered under this section must 
 54.31  be deposited in the state treasury and credited to the general 
 54.32  fund. 
 54.33     (b) If a candidate is judged to have violated section 
 54.34  10B.13 or 10B.17, the court, after entering the judgment, may 
 54.35  enter a supplemental judgment declaring that the candidate has 
 54.36  forfeited the nomination or office, except as provided in 
 55.1   paragraph (c).  If the court enters the supplemental judgment, 
 55.2   it must transmit to the filing officer a transcript of the 
 55.3   supplemental judgment, the nomination or office becomes vacant, 
 55.4   and the vacancy must be filled as provided by law. 
 55.5      (c) If the candidate has been elected to the legislature, 
 55.6   the court, after entering the judgment that the candidate has 
 55.7   violated section 10B.13 or 10B.17, must transmit a transcript of 
 55.8   the judgment to the secretary of the senate or the chief clerk 
 55.9   of the house of representatives, as appropriate, for further 
 55.10  consideration by the house to which the candidate was elected. 
 55.11     Sec. 40.  [10B.26] [DISSOLUTION OF INACTIVE COMMITTEES AND 
 55.12  FUNDS.] 
 55.13     Subdivision 1.  [DISSOLUTION REQUIRED.] A political 
 55.14  committee, political fund, or principal campaign committee must 
 55.15  be dissolved within 60 days after receiving notice from the 
 55.16  board that the committee or fund has become inactive.  The 
 55.17  assets of the committee or fund must be spent for the purposes 
 55.18  authorized by section 211B.12 and other applicable law or 
 55.19  liquidated and deposited in the general fund within 60 days 
 55.20  after the board notifies the committee or fund that it has 
 55.21  become inactive.  
 55.22     Subd. 2.  [INACTIVITY DEFINED.] (a) A principal campaign 
 55.23  committee becomes inactive on the later of the following dates: 
 55.24     (1) when six years have elapsed since the last election in 
 55.25  which the person was a candidate for the office sought or held 
 55.26  at the time the principal campaign committee registered with the 
 55.27  board; or 
 55.28     (2) when six years have elapsed since the last day on which 
 55.29  the individual for whom it exists served in an elective office 
 55.30  subject to this chapter. 
 55.31     (b) A political committee or fund becomes inactive when two 
 55.32  years have elapsed since the end of a reporting period during 
 55.33  which the political committee or fund made an expenditure or 
 55.34  disbursement requiring disclosure under this chapter. 
 55.35     Subd. 3.  [REMAINING DEBTS.] If a committee or fund becomes 
 55.36  inactive when it still has unpaid debts, the committee or fund 
 56.1   must liquidate available assets to pay the debts.  If 
 56.2   insufficient assets exist to pay the debts, the board may set up 
 56.3   a payment schedule and allow the committee or fund to defer 
 56.4   dissolution until all debts are paid.  This section does not 
 56.5   extinguish debts incurred by the committee or fund. 
 56.6      Sec. 41.  [10B.27] [DISSOLUTION OR TERMINATION.] 
 56.7      Subdivision 1.  [TERMINATION REPORT.] A political 
 56.8   committee, political fund, principal campaign committee, or 
 56.9   party unit may not dissolve until it has settled all of its 
 56.10  debts and disposed of all its assets in excess of $100 and filed 
 56.11  a termination report.  "Assets" include credit balances at 
 56.12  vendors and physical assets such as computers and postage 
 56.13  stamps.  Physical assets must be listed at their fair market 
 56.14  value.  The termination report may be made at any time and must 
 56.15  include all information required in periodic reports.  
 56.16     Subd. 2.  [TERMINATION ALLOWED.] Notwithstanding 
 56.17  subdivision 1, a committee, fund, or party unit that has debts 
 56.18  incurred more than six years previously, has disposed of all its 
 56.19  assets, and has met the requirements of section 10B.12, 
 56.20  subdivision 11, may notify any remaining creditors by certified 
 56.21  mail and then file a termination report. 
 56.22     Sec. 42.  [10B.28] [TRANSFER OF DEBTS.] 
 56.23     Notwithstanding section 10B.27, a candidate may terminate 
 56.24  the candidate's principal campaign committee for one state 
 56.25  office by transferring any debts of that committee to the 
 56.26  candidate's principal campaign committee for another state 
 56.27  office if all outstanding unpaid bills or loans from the 
 56.28  committee being terminated are assumed and continuously reported 
 56.29  by the committee to which the transfer is being made until paid 
 56.30  or forgiven.  A loan that is forgiven is covered by section 
 56.31  10B.12 and, for purposes of section 10B.23, is a contribution to 
 56.32  the principal campaign committee from which the debt was 
 56.33  transferred under this section. 
 56.34     An individual or association presumed under this paragraph 
 56.35  to have made an expenditure may rebut the presumption by a 
 56.36  written statement signed by the spender and filed with the board 
 57.1   stating that the cost was not incurred with intent to influence 
 57.2   the nomination, election, or defeat of any candidate, supported 
 57.3   by any additional evidence the spender chooses to submit.  The 
 57.4   board may gather any additional evidence it deems relevant and 
 57.5   material and must determine by a preponderance of the evidence 
 57.6   whether the cost was incurred with intent to influence the 
 57.7   nomination, election, or defeat of a candidate. 
 57.8      Sec. 43.  Minnesota Statutes 2000, section 129D.13, is 
 57.9   amended by adding a subdivision to read: 
 57.10     Subd. 5.  [FREE TIME FOR POLITICAL CANDIDATES.] A station 
 57.11  that receives a grant under this section must make available 
 57.12  free broadcast time to each political candidate who has been 
 57.13  designated by the campaign finance and public disclosure board 
 57.14  as participating in the public subsidy program under section 
 57.15  10B.22.  The amount of free broadcast time is 90 seconds each 
 57.16  election cycle for a candidate for state constitutional officer 
 57.17  and 60 seconds each election cycle for a candidate for the 
 57.18  legislature.  The broadcast must include only the candidate 
 57.19  speaking in the candidate's own voice. 
 57.20     Sec. 44.  Minnesota Statutes 2000, section 129D.14, is 
 57.21  amended by adding a subdivision to read: 
 57.22     Subd. 7.  [FREE TIME FOR POLITICAL CANDIDATES.] A station 
 57.23  that receives a grant under this section must make available 
 57.24  free broadcast time to each political candidate who has been 
 57.25  designated by the campaign finance and public disclosure board 
 57.26  as participating in the public subsidy program under section 
 57.27  10B.22.  The amount of free broadcast time is 90 seconds each 
 57.28  election cycle for a candidate for state constitutional officer 
 57.29  and 60 seconds each election cycle for a candidate for the 
 57.30  legislature.  The broadcast must include only the candidate 
 57.31  speaking in the candidate's own voice. 
 57.32     Sec. 45.  Minnesota Statutes 2000, section 204B.11, 
 57.33  subdivision 1, is amended to read: 
 57.34     Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
 57.35  Except as provided by subdivision 2, a filing fee shall be paid 
 57.36  by each candidate who files an affidavit of candidacy.  The fee 
 58.1   shall be paid at the time the affidavit is filed.  The amount of 
 58.2   the filing fee shall vary with the office sought as follows: 
 58.3      (a) for the office of governor, lieutenant governor, 
 58.4   attorney general, state auditor, state treasurer, secretary of 
 58.5   state, representative in Congress, judge of the supreme court, 
 58.6   judge of the court of appeals, or judge of the district court, 
 58.7   $300; 
 58.8      (b) for the office of senator in Congress, $400; 
 58.9      (c) for office of senator or representative in the 
 58.10  legislature, $100; 
 58.11     (d) for a county office, $50; and 
 58.12     (e) for the office of soil and water conservation district 
 58.13  supervisor, $20. 
 58.14     For a candidate who has raised the necessary qualifying 
 58.15  contributions and been designated by the campaign finance and 
 58.16  public disclosure board under section 10B.22 as participating in 
 58.17  the public subsidy program, no filing fee is required. 
 58.18     For the office of presidential elector, and for those 
 58.19  offices for which no compensation is provided, no filing fee is 
 58.20  required. 
 58.21     The filing fees received by the county auditor shall 
 58.22  immediately be paid to the county treasurer.  The filing fees 
 58.23  received by the secretary of state shall immediately be paid to 
 58.24  the state treasurer. 
 58.25     When an affidavit of candidacy has been filed with the 
 58.26  appropriate filing officer and the requisite filing fee has been 
 58.27  paid, the filing fee shall not be refunded.  If a candidate's 
 58.28  filing fee is paid with a check, draft, or similar negotiable 
 58.29  instrument for which sufficient funds are not available or that 
 58.30  is dishonored, notice to the candidate of the worthless 
 58.31  instrument must be sent by the filing officer via registered 
 58.32  mail no later than immediately upon the closing of the filing 
 58.33  deadline with return receipt requested.  The candidate will have 
 58.34  five days from the time the filing officer receives proof of 
 58.35  receipt to issue a check or other instrument for which 
 58.36  sufficient funds are available.  The candidate issuing the 
 59.1   worthless instrument is liable for a service charge pursuant to 
 59.2   section 332.50.  If adequate payment is not made, the name of 
 59.3   the candidate must not appear on any official ballot and the 
 59.4   candidate is liable for all costs incurred by election officials 
 59.5   in removing the name from the ballot. 
 59.6      Sec. 46.  Minnesota Statutes 2000, section 211A.13, is 
 59.7   amended to read: 
 59.8      211A.13 [PROHIBITED TRANSFERS.] 
 59.9      A candidate for political subdivision office must not 
 59.10  accept contributions from the principal campaign committee of a 
 59.11  candidate as defined in section 10A.01, subdivision 5 10B.01, 
 59.12  subdivision 8.  A candidate for political subdivision office 
 59.13  must not make contributions to a principal campaign committee, 
 59.14  unless the contribution is made from the personal funds of the 
 59.15  candidate for political subdivision office. 
 59.16     Sec. 47.  Minnesota Statutes 2000, section 211B.12, is 
 59.17  amended to read: 
 59.18     211B.12 [LEGAL EXPENDITURES.] 
 59.19     Use of money collected for political purposes is prohibited 
 59.20  unless the use is reasonably related to the conduct of election 
 59.21  campaigns, or is a noncampaign disbursement as defined in 
 59.22  section 10A.01, subdivision 10c 10B.01, subdivision 20.  The 
 59.23  following are permitted expenditures when made for political 
 59.24  purposes: 
 59.25     (1) salaries, wages, and fees; 
 59.26     (2) communications, mailing, transportation, and travel; 
 59.27     (3) campaign advertising; 
 59.28     (4) printing; 
 59.29     (5) office and other space and necessary equipment, 
 59.30  furnishings, and incidental supplies; 
 59.31     (6) charitable contributions of not more than $50 to any 
 59.32  charity annually; and 
 59.33     (7) other expenses, not included in clauses (1) to (6), 
 59.34  that are reasonably related to the conduct of election campaigns.
 59.35  In addition, expenditures made for the purpose of providing 
 59.36  information to constituents, whether or not related to the 
 60.1   conduct of an election, are permitted expenses.  Money collected 
 60.2   for political purposes and assets of a political committee or 
 60.3   political fund may not be converted to personal use. 
 60.4      Sec. 48.  Minnesota Statutes 2000, section 211B.15, 
 60.5   subdivision 16, is amended to read: 
 60.6      Subd. 16.  [EMPLOYEE POLITICAL FUND SOLICITATION.] Any 
 60.7   solicitation of political contributions by an employee must be 
 60.8   in writing, informational and nonpartisan in nature, and not 
 60.9   promotional for any particular candidate or group of 
 60.10  candidates.  The solicitation must consist only of a general 
 60.11  request on behalf of an independent political committee (a 
 60.12  conduit fund), and as defined in section 10B.01, subdivision 9, 
 60.13  and must state that there is no minimum contribution, that a 
 60.14  contribution or lack thereof will in no way impact the 
 60.15  employee's employment, that the employee must direct the 
 60.16  contribution to candidates of the employee's choice, and that 
 60.17  any response by the employee shall remain confidential and shall 
 60.18  not be directed to the employee's supervisors or managers.  
 60.19  Questions from an employee regarding a solicitation may be 
 60.20  answered orally or in writing consistent with the above 
 60.21  requirements.  Nothing in this subdivision authorizes a 
 60.22  corporate donation of an employee's time prohibited under 
 60.23  subdivision 2.  
 60.24     Sec. 49.  [211B.22] [PARTICIPATING CANDIDATE CAMPAIGN 
 60.25  MATERIAL.] 
 60.26     A candidate may not claim in any campaign material or 
 60.27  communication to be a "participating candidate" unless the 
 60.28  candidate has been designated a participating candidate by the 
 60.29  campaign finance and public disclosure board under section 
 60.30  10B.22 for participating in the public subsidy program. 
 60.31     Sec. 50.  Minnesota Statutes 2000, section 340A.404, 
 60.32  subdivision 10, is amended to read: 
 60.33     Subd. 10.  [TEMPORARY ON-SALE LICENSES.] The governing body 
 60.34  of a municipality may issue to (1) a club or charitable, 
 60.35  religious, or other nonprofit organization in existence for at 
 60.36  least three years, (2) a political committee registered under 
 61.1   section 10A.14 10B.07, or (3) a state university, a temporary 
 61.2   license for the on-sale of intoxicating liquor in connection 
 61.3   with a social event within the municipality sponsored by the 
 61.4   licensee.  The license may authorize the on-sale of intoxicating 
 61.5   liquor for not more than four consecutive days, and may 
 61.6   authorize on-sales on premises other than premises the licensee 
 61.7   owns or permanently occupies.  The license may provide that the 
 61.8   licensee may contract for intoxicating liquor catering services 
 61.9   with the holder of a full-year on-sale intoxicating liquor 
 61.10  license issued by any municipality.  The licenses are subject to 
 61.11  the terms, including a license fee, imposed by the issuing 
 61.12  municipality.  Licenses issued under this subdivision are 
 61.13  subject to all laws and ordinances governing the sale of 
 61.14  intoxicating liquor except sections 340A.409 and 340A.504, 
 61.15  subdivision 3, paragraph (d), and those laws and ordinances 
 61.16  which by their nature are not applicable.  Licenses under this 
 61.17  subdivision are not valid unless first approved by the 
 61.18  commissioner of public safety. 
 61.19     A county under this section may issue a temporary license 
 61.20  only to a premises located in the unincorporated or unorganized 
 61.21  territory of the county. 
 61.22     Sec. 51.  Minnesota Statutes 2000, section 353.03, 
 61.23  subdivision 1, is amended to read: 
 61.24     Subdivision 1.  [MANAGEMENT; COMPOSITION; ELECTION.] The 
 61.25  management of the public employees retirement fund is vested in 
 61.26  an 11-member board of trustees consisting of ten members and the 
 61.27  state auditor who may designate a deputy auditor with expertise 
 61.28  in pension matters as the auditor's representative on the 
 61.29  board.  The governor shall appoint five trustees to four-year 
 61.30  terms, one of whom shall be designated to represent school 
 61.31  boards, one to represent cities, one to represent counties, one 
 61.32  who is a retired annuitant, and one who is a public member 
 61.33  knowledgeable in pension matters.  The membership of the 
 61.34  association, including recipients of retirement annuities and 
 61.35  disability and survivor benefits, shall elect five trustees, one 
 61.36  of whom must be a member of the police and fire fund and one of 
 62.1   whom must be a former member who met the definition of public 
 62.2   employee under section 353.01, subdivisions 2 and 2a, for at 
 62.3   least five years prior to terminating membership or a member who 
 62.4   receives a disability benefit, for terms of four years.  Except 
 62.5   as provided in this subdivision, trustees elected by the 
 62.6   membership of the association must be public employees and 
 62.7   members of the association.  For seven days beginning October 1 
 62.8   of each year preceding a year in which an election is held, the 
 62.9   association shall accept at its office filings in person or by 
 62.10  mail of candidates for the board of trustees.  A candidate shall 
 62.11  submit at the time of filing a nominating petition signed by 25 
 62.12  or more members of the fund.  No name may be withdrawn from 
 62.13  nomination by the nominee after October 15.  At the request of a 
 62.14  candidate for an elected position on the board of trustees, the 
 62.15  board shall mail a statement of up to 300 words prepared by the 
 62.16  candidate to all persons eligible to vote in the election of the 
 62.17  candidate.  The board may adopt policies to govern form and 
 62.18  length of these statements, timing of mailings, and deadlines 
 62.19  for submitting materials to be mailed.  These policies must be 
 62.20  approved by the secretary of state.  The secretary of state 
 62.21  shall resolve disputes between the board and a candidate 
 62.22  concerning application of these policies to a particular 
 62.23  statement.  A candidate who: 
 62.24     (1) receives contributions or makes expenditures in excess 
 62.25  of $100; or 
 62.26     (2) has given implicit or explicit consent for any other 
 62.27  person to receive contributions or make expenditures in excess 
 62.28  of $100 for the purpose of bringing about the candidate's 
 62.29  election, shall file a report with the campaign finance and 
 62.30  public disclosure board disclosing the source and amount of all 
 62.31  contributions to the candidate's campaign.  The campaign finance 
 62.32  and public disclosure board shall prescribe forms governing 
 62.33  these disclosures.  Expenditures and contributions have the 
 62.34  meaning defined in section 10A.01 10B.01.  These terms do not 
 62.35  include the mailing made by the association board on behalf of 
 62.36  the candidate.  A candidate shall file a report within 30 days 
 63.1   from the day that the results of the election are announced.  
 63.2   The campaign finance and public disclosure board shall maintain 
 63.3   these reports and make them available for public inspection in 
 63.4   the same manner as the board maintains and makes available other 
 63.5   reports filed with it.  By January 10 of each year in which 
 63.6   elections are to be held the board shall distribute by mail to 
 63.7   the members ballots listing the candidates.  No member may vote 
 63.8   for more than one candidate for each board position to be 
 63.9   filled.  A ballot indicating a vote for more than one person for 
 63.10  any position is void.  No special marking may be used on the 
 63.11  ballot to indicate incumbents.  The last day for mailing ballots 
 63.12  to the fund is January 31.  Terms expire on January 31 of the 
 63.13  fourth year, and positions are vacant until newly elected 
 63.14  members are qualified.  The ballot envelopes must be so designed 
 63.15  and the ballots counted in a manner that ensures that each vote 
 63.16  is secret.  
 63.17     The secretary of state shall supervise the elections.  The 
 63.18  board of trustees and the executive director shall undertake 
 63.19  their activities consistent with chapter 356A. 
 63.20     Sec. 52.  Minnesota Statutes 2000, section 383B.042, 
 63.21  subdivision 5, is amended to read: 
 63.22     Subd. 5.  [CANDIDATE.] "Candidate" means an individual, not 
 63.23  within the definition of candidate of section 10A.01, 
 63.24  subdivision 10 10B.01, subdivision 8, who seeks nomination or 
 63.25  election to any county office in Hennepin county, to any city 
 63.26  office in any home rule charter city or statutory city located 
 63.27  wholly within Hennepin county and having a population of 75,000 
 63.28  or more or to the school board of special school district No. 1, 
 63.29  Minneapolis. 
 63.30     Sec. 53.  [TRANSITION.] 
 63.31     Subdivision 1.  [ELECTION CYCLE.] Notwithstanding Minnesota 
 63.32  Statutes, section 10B.01, subdivision 14, the first election 
 63.33  cycle begins on the effective date of Minnesota Statutes, 
 63.34  section 10B.13, and concludes on December 31 following the next 
 63.35  general election for the office. 
 63.36     Subd. 2.  [CONTRIBUTION LIMITS.] Contributions to a 
 64.1   candidate that were made before the effective date of Minnesota 
 64.2   Statutes, section 10B.13, and were lawful when made need not be 
 64.3   refunded, even though they exceed the new limits on 
 64.4   contributions in Minnesota Statutes, section 10B.13. 
 64.5      Subd. 3.  [EXPENDITURE LIMITS.] All spending limit 
 64.6   agreements filed with the campaign finance and public disclosure 
 64.7   board before the effective date of Minnesota Statutes, section 
 64.8   10B.20, become void on that date and all eligibility for 
 64.9   continued public subsidies under Minnesota Statutes, chapter 10A 
 64.10  or 290, is ended on that date.  The new expenditure limits and 
 64.11  eligibility for a public subsidy under this act apply to 
 64.12  candidates who sign and file with the campaign finance and 
 64.13  public disclosure board a new spending limit agreement under 
 64.14  Minnesota Statutes, section 10B.20, on or after its effective 
 64.15  date. 
 64.16     Subd. 4.  [CARRYFORWARD.] Capital assets of a principal 
 64.17  campaign committee acquired more than 90 days before the 
 64.18  effective date of Minnesota Statutes, section 10B.24, may be 
 64.19  carried forward to the first election cycle under this act 
 64.20  without limit on their value. 
 64.21     Sec. 54.  [APPROPRIATION.] 
 64.22     Subdivision 1.  [SECRETARY OF STATE.] $....... is 
 64.23  appropriated from the general fund to the secretary of state to 
 64.24  publish the voter's guide required by section 1, to be available 
 64.25  until June 30, 2003. 
 64.26     Subd. 2.  [CAMPAIGN FINANCE AND PUBLIC DISCLOSURE 
 64.27  BOARD.] $....... is appropriated from the general fund to the 
 64.28  campaign finance and public disclosure board to publish campaign 
 64.29  finance reports on the World Wide Web, to be available until 
 64.30  June 30, 2003. 
 64.31     Sec. 55.  [REPEALER.] 
 64.32     Minnesota Statutes 2000, sections 10A.01, subdivisions 3, 
 64.33  4, 6, 7, 9, 10, 11, 12, 13, 15, 16, 17, 18, 20, 23, 25, 26, 27, 
 64.34  28, 29, 30, 32, 34, and 36; 10A.105; 10A.11; 10A.12; 10A.13; 
 64.35  10A.14; 10A.15; 10A.16; 10A.17; 10A.18; 10A.20; 10A.24; 10A.241; 
 64.36  10A.242; 10A.25; 10A.255; 10A.257; 10A.27; 10A.273; 10A.275; 
 65.1   10A.28; 10A.29; 10A.30; 10A.31; 10A.315; 10A.321; 10A.322; 
 65.2   10A.323; 10A.324; and 290.06, subdivision 23, are repealed. 
 65.3      Sec. 56.  [INSTRUCTION TO REVISOR.] 
 65.4      In the next edition of Minnesota Statutes, the revisor of 
 65.5   statutes must note that the sections of Minnesota Statutes 
 65.6   listed in column A have been reenacted, as amended, as the 
 65.7   sections of Minnesota Statutes listed in column B, as follows: 
 65.8          Column A                          Column B
 65.9          10A.01, subd. 3                   10B.01, subd. 2
 65.10         10A.01, subd. 4                   10B.01, subd. 3
 65.11         10A.01, subd. 6                   10B.01, subd. 4
 65.12         10A.01, subd. 7                   10B.01, subd. 5
 65.13         10A.01, subd. 9                   10B.01, subd. 7
 65.14         10A.01, subd. 10                  10B.01, subd. 8
 65.15         10A.01, subd. 10a                 10B.01, subd. 9
 65.16         10A.01, subd. 11                  10B.01, subd. 10
 65.17         10A.01, subd. 12                  10B.01, subd. 11
 65.18         10A.01, subd. 13                  10B.01, subd. 12
 65.19         10A.01, subd. 15                  10B.01, subd. 13
 65.20         10A.01, subd. 16                  10B.01, subd. 14
 65.21         10A.01, subd. 17                  10B.01, subd. 15
 65.22         10A.01, subd. 18                  10B.01, subd. 16
 65.23         10A.01, subd. 20                  10B.01, subd. 17
 65.24         10A.01, subd. 23                  10B.01, subd. 18
 65.25         10A.01, subd. 25                  10B.01, subd. 19
 65.26         10A.01, subd. 26                  10B.01, subd. 20
 65.27         10A.01, subd. 27                  10B.01, subd. 21
 65.28         10A.01, subd. 28                  10B.01, subd. 22
 65.29         10A.01, subd. 29                  10B.01, subd. 23
 65.30         10A.01, subd. 30                  10B.01, subd. 24
 65.31         10A.01, subd. 32                  10B.01, subd. 25
 65.32         10A.01, subd. 34                  10B.01, subd. 26
 65.33         10A.01, subd. 36                  10B.01, subd. 27
 65.34         10A.105                           10B.02
 65.35         10A.11                            10B.03
 65.36         10A.12                            10B.04
 66.1          10A.13                            10B.06
 66.2          10A.14                            10B.07
 66.3          10A.15                            10B.08
 66.4          10A.16                            10B.09
 66.5          10A.17                            10B.10
 66.6          10A.18                            10B.11
 66.7          10A.20                            10B.12
 66.8          10A.24                            10B.27
 66.9          10A.241                           10B.28
 66.10         10A.242                           10B.26
 66.11         10A.25                            10B.17
 66.12         10A.255                           10B.18
 66.13         10A.257                           10B.24
 66.14         10A.27                            10B.13
 66.15         10A.273                           10B.14
 66.16         10A.275                           10B.19
 66.17         10A.28, subd. 1                   10B.25, subd. 2
 66.18         10A.28, subd. 2                   10B.25, subd. 1
 66.19         10A.28, subd. 3                   10B.25, subd. 3
 66.20         10A.28, subd. 4                   10B.25, subd. 4
 66.21         10A.29                            10B.15
 66.22         10A.315                           10B.22, subd. 6
 66.23         10A.322                           10B.20
 66.24         10A.323                           10B.21
 66.25         10A.324                           10B.23
 66.26         290.06, subd. 23                  10B.16
 66.27     Sec. 57.  [EFFECTIVE DATE.] 
 66.28     This act is effective the day following final enactment.