Minnesota Legislature
HF 1628
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am
Current Version - as introduced
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A bill for an act
relating to elections; campaign finance; changing contribution limits for certain
offices; limiting certain expenditures; changing certain filing requirements;
changing political contribution and refund provisions; amending Minnesota
Statutes 2008, sections 10A.17, by adding a subdivision; 10A.20, subdivision 1;
10A.27, subdivision 1; 10A.31, subdivisions 1, 3, 4; 10A.322, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 10A.17, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Party unit expenditures. new text end
new text begin
A political party unit may not spend money from
a political contribution refund account established under section 10A.322, subdivision 4,
paragraph (b), for the purpose of influencing the nomination or election of a candidate for
federal office.
new text end
Sec. 2.
Minnesota Statutes 2008, section 10A.20, subdivision 1, is amended to read:
Subdivision 1.
First filing; durationnew text begin ; formatnew text end .
The treasurer of a political
committee, political fund, principal campaign committee, or party unit must begin to file
the reports required by this section in the first year it receives contributions or makes
expenditures in excess of $100 and must continue to file until the committee, fund, or party
unit is terminated.new text begin The reports must be filed electronically in a format specified by the
board. The board may waive the requirement of filing electronically for good cause shown.
new text end
Sec. 3.
Minnesota Statutes 2008, section 10A.27, subdivision 1, is amended to read:
Subdivision 1.
Contribution limits.
(a) Except as provided in subdivision 2,
a candidate must not permit the candidate's principal campaign committee to accept
aggregate contributions made or delivered by any individual, political committee, or
political fund in excess of the following:
(1) to candidates for governor and lieutenant governor running together, $2,000 in
an election year for the office sought and $500 in other years;
(2) to a candidate for attorney general,new text begin secretary of state, or state auditor,new text end $1,000 in
an election year for the office sought and $200 in other years;
deleted text begin
(3) to a candidate for the office of secretary of state or state auditor, $500 in an
election year for the office sought and $100 in other years;
deleted text end
deleted text begin (4)deleted text end new text begin (3)new text end to a candidate for state senator, deleted text begin $500deleted text end new text begin $750new text end in an election year for the office
sought and deleted text begin $100deleted text end new text begin $250new text end in other years; and
deleted text begin (5)deleted text end new text begin (4)new text end to a candidate for state representative, $500 in an election year for the office
sought and deleted text begin $100deleted text end new text begin $125new text end in the other year.
(b) The following deliveries are not subject to the bundling limitation in this
subdivision:
(1) delivery of contributions collected by a member of the candidate's principal
campaign committee, such as a block worker or a volunteer who hosts a fund-raising
event, to the committee's treasurer; and
(2) a delivery made by an individual on behalf of the individual's spouse.
(c) A lobbyist, political committee, political party unit, or political fund must not
make a contribution a candidate is prohibited from accepting.
Sec. 4.
Minnesota Statutes 2008, section 10A.31, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Designationdeleted text end new text begin Amounts paidnew text end .
deleted text begin An individual resident of this state
who files an income tax return or a renter and homeowner property tax refund return
with the commissioner of revenue may designate on their original return that $5deleted text end new text begin Unless
an individual chooses not to participate in the income tax checkoff program, $5 must new text end be
paid from the general fund of the state into the state elections campaign fundnew text begin for each
individual resident of this state who files an income tax return or a renter and homeowner
property tax refund return with the commissioner of revenuenew text end . If a husband and wife file
a joint return, each spouse may deleted text begin designate that $5 be paiddeleted text end new text begin choose not to participatenew text end . deleted text begin No
individual is allowed to designate $5 more than once in any year.deleted text end new text begin Unless new text end the taxpayer deleted text begin may
designatedeleted text end new text begin designatesnew text end that the amount be paid into the account of a political party deleted text begin ordeleted text end new text begin , the
amount must be paidnew text end into the general account.
Sec. 5.
Minnesota Statutes 2008, section 10A.31, subdivision 3, is amended to read:
Subd. 3.
Form.
The commissioner of revenue must provide on the first page of the
income tax form and the renter and homeowner property tax refund return a space for
the individual to indicate a deleted text begin wishdeleted text end new text begin choice notnew text end to pay $5 ($10 if filing a joint return) from
the general fund of the state to finance election campaigns. The form must also contain
language prepared by the commissioner that permits the individual to direct the state to
pay the $5 (or $10 if filing a joint return) to: (1) one of the major political parties; (2) any
minor political party that qualifies under subdivision 3a; or (3) all qualifying candidates
as provided by subdivision 7. The renter and homeowner property tax refund return
must include instructions that the individual filing the return may designate deleted text begin $5deleted text end on the
returnnew text begin that $5 be paid into the account of a political partynew text end only if the individual has not
designated $5 on the income tax return.
Sec. 6.
Minnesota Statutes 2008, section 10A.31, subdivision 4, is amended to read:
Subd. 4.
Appropriation.
(a) The amounts deleted text begin designated by individuals fordeleted text end new text begin set forth
in subdivision 1 for payment to new text end the state elections campaign fund, less three percent, are
appropriated from the general fund, must be transferred and credited to the appropriate
account in the state elections campaign fund, and are annually appropriated for distribution
as set forth in subdivisions 5, 5a, 6, and 7. The remaining three percent must be kept in
the general fund for administrative costs.
(b) In addition to the amounts in paragraph (a), $1,250,000 for each general election
is appropriated from the general fund for transfer to the general account of the state
elections campaign fund.
Of this appropriation, $65,000 each fiscal year must be set aside to pay assessments
made by the Office of Administrative Hearings under section 211B.37. Amounts
remaining after all assessments have been paid must be canceled to the general account.
Sec. 7.
Minnesota Statutes 2008, section 10A.322, subdivision 4, is amended to read:
Subd. 4.
Refund receipt forms; penalty.
new text begin (a) new text end The board must make available to a
political party on request and to any candidate for whom an agreement under this section
is effective, a supply of official refund receipt forms that state in boldface type that (1) a
contributor who is given a receipt form is eligible to claim a refund as provided in section
290.06, subdivision 23, and (2) if the contribution is to a candidate, that the candidate has
signed an agreement to limit campaign expenditures as provided in this section. The forms
must provide duplicate copies of the receipt to be attached to the contributor's claim. A
candidate who does not sign an agreement under this section and who willfully issues an
official refund receipt form or a facsimile of one to any of the candidate's contributors is
guilty of a misdemeanor.
new text begin
(b) A political party unit that issues a receipt form making the contributor eligible
for a refund under section 290.06, subdivision 23, must deposit the contribution for which
the receipt was issued into a political contribution refund account in a depository of the
party unit registered under chapter 10A.
new text end
Sec. 8. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 and 7 are effective January 1, 2010, and apply to contributions received
on or after that date. Sections 4 to 6 are effective January 1, 2010. Sections 2 and 3 are
effective for the state primary election in 2012 and thereafter.
new text end