Minnesota Legislature
HF 3330
as introduced - 81st Legislature (1999 - 2000) 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 clean money in 1.3 certain state elections; increasing disclosure of 1.4 campaign contributions to candidates; encouraging 1.5 candidates to accept only clean money for their 1.6 political campaigns; limiting campaign contributions 1.7 and expenditures; increasing public subsidies for 1.8 state candidates who agree to limit the sources and 1.9 amounts of contributions to their campaigns; imposing 1.10 criminal penalties; appropriating money; amending 1.11 Minnesota Statutes 1998, sections 204B.11; 211A.13; 1.12 211B.12; 211B.15, subdivision 16; 340A.404, 1.13 subdivision 10; and 353.03, subdivision 1; Minnesota 1.14 Statutes 1999 Supplement, sections 10A.01, subdivision 1.15 1; 10A.02, subdivisions 8, 10, 11, 12, and 13; 1.16 10A.025, subdivisions 1 and 2; 10A.071, subdivision 3; 1.17 10A.34; 10A.37; and 383B.042, subdivision 5; proposing 1.18 coding for new law in Minnesota Statutes, chapter 1.19 211B; proposing coding for new law as Minnesota 1.20 Statutes, chapter 10B; repealing Minnesota Statutes 1.21 1999 Supplement, sections 10A.01, subdivisions 3, 4, 1.22 6, 7, 9, 10, 11, 12, 13, 15, 16, 17, 18, 20, 23, 25, 1.23 26, 27, 28, 29, 30, 32, 34, and 36; 10A.105; 10A.11; 1.24 10A.12; 10A.13; 10A.14; 10A.15; 10A.16; 10A.17; 1.25 10A.18; 10A.20; 10A.24; 10A.241; 10A.242; 10A.25; 1.26 10A.255; 10A.257; 10A.27; 10A.273; 10A.275; 10A.28; 1.27 10A.29; 10A.30; 10A.31; 10A.315; 10A.321; 10A.322; 1.28 10A.323; and 10A.324. 1.29 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.30 Section 1. Minnesota Statutes 1999 Supplement, section 1.31 10A.01, subdivision 1, is amended to read: 1.32 Subdivision 1. [APPLICATION.] For the purposes of sections 1.33 10A.01 to 10A.34 and chapter 10B, the terms defined in this 1.34 section have the meanings given them unless the context clearly 1.35 indicates otherwise. 1.36 Sec. 2. Minnesota Statutes 1999 Supplement, section 1.37 10A.02, subdivision 8, is amended to read: 2.1 Subd. 8. [DUTIES.] (a) The board must report at the close 2.2 of each fiscal year to the legislature, the governor, and the 2.3 public concerning the action it has taken, the names, salaries, 2.4 and duties of all individuals in its employ, and the money it 2.5 has disbursed. The board must include and identify in its 2.6 report any other reports it has made during the fiscal year. It 2.7 may indicate apparent abuses and offer legislative 2.8 recommendations. 2.9 (b) The board must prescribe forms for statements and 2.10 reports required to be filed under this chapter or chapter 10B 2.11 and make the forms available to individuals required to file 2.12 them. 2.13 (c) The board must make available to the individuals 2.14 required to file the reports and statements a manual setting 2.15 forth the recommended uniform methods of bookkeeping and 2.16 reporting. 2.17 (d) The board must develop a filing, coding, and 2.18 cross-indexing system consistent with the purposes of this 2.19 chapter and chapter 10B. 2.20 (e) The board must make the reports and statements filed 2.21 with it available for public inspection and copying by the end 2.22 of the second day following the day on which they were 2.23 received. An individual may copy a report or statement by hand 2.24 or by duplicating machine and the board must provide duplicating 2.25 services at cost for this purpose. 2.26 (f) Notwithstanding section 138.163, the board must 2.27 preserve reports and statements for a period of five years from 2.28 the date of receipt. 2.29 (g) The board must compile and maintain a current list and 2.30 summary of all statements or parts of statements pertaining to 2.31 each candidate. 2.32 (h) The board may prepare and publish reports it considers 2.33 appropriate. 2.34 Sec. 3. Minnesota Statutes 1999 Supplement, section 2.35 10A.02, subdivision 10, is amended to read: 2.36 Subd. 10. [AUDITS AND INVESTIGATIONS.] The board may make 3.1 audits and investigations with respect to statements and reports 3.2 that are filed or that should have been filed under this chapter 3.3 or chapter 10B. In all matters relating to its official duties, 3.4 the board has the power to issue subpoenas and cause them to be 3.5 served. If a person does not comply with a subpoena, the board 3.6 may apply to the district court of Ramsey county for issuance of 3.7 an order compelling obedience to the subpoena. A person failing 3.8 to obey the order is punishable by the court as for contempt. 3.9 Sec. 4. Minnesota Statutes 1999 Supplement, section 3.10 10A.02, subdivision 11, is amended to read: 3.11 Subd. 11. [VIOLATIONS; ENFORCEMENT.] (a) The board may 3.12 investigate any alleged violation of this chapter or chapter 3.13 10B. The board must investigate any violation that is alleged 3.14 in a written complaint filed with the board and must within 30 3.15 days after the filing of the complaint make a public finding of 3.16 whether there is probable cause to believe a violation has 3.17 occurred, except that if the complaint alleges a violation of 3.18 section10A.25 or 10A.2710B.13 or 10B.17, the board must either 3.19 enter a conciliation agreement or make a public finding of 3.20 whether there is probable cause, within 60 days after the filing 3.21 of the complaint. The deadline for action on a written 3.22 complaint may be extended by majority vote of the board. 3.23 (b) Within a reasonable time after beginning an 3.24 investigation of an individual or association, the board must 3.25 notify the individual or association of the fact of the 3.26 investigation. The board must not make a finding of whether 3.27 there is probable cause to believe a violation has occurred 3.28 without notifying the individual or association of the nature of 3.29 the allegations and affording an opportunity to answer those 3.30 allegations. 3.31 (c) A hearing or action of the board concerning a complaint 3.32 or investigation other than a finding concerning probable cause 3.33 or a conciliation agreement is confidential. Until the board 3.34 makes a public finding concerning probable cause or enters a 3.35 conciliation agreement: 3.36 (1) a member, employee, or agent of the board must not 4.1 disclose to an individual information obtained by that member, 4.2 employee, or agent concerning a complaint or investigation 4.3 except as required to carry out the investigation or take action 4.4 in the matter as authorized by this chapter or chapter 10B; and 4.5 (2) an individual who discloses information contrary to 4.6 this subdivision is guilty of a misdemeanor. 4.7 (d) Except as provided in section10A.2810B.25, after the 4.8 board makes a public finding of probable cause the board must 4.9 report that finding to the appropriate law enforcement 4.10 authorities. 4.11 Sec. 5. Minnesota Statutes 1999 Supplement, section 4.12 10A.02, subdivision 12, is amended to read: 4.13 Subd. 12. [ADVISORY OPINIONS.] (a) The board may issue and 4.14 publish advisory opinions on the requirements of this chapter or 4.15 chapter 10B based upon real or hypothetical situations. An 4.16 application for an advisory opinion may be made only by an 4.17 individual or association who wishes to use the opinion to guide 4.18 the individual's or the association's own conduct. The board 4.19 must issue written opinions on all such questions submitted to 4.20 it within 30 days after receipt of written application, unless a 4.21 majority of the board agrees to extend the time limit. 4.22 (b) A written advisory opinion issued by the board is 4.23 binding on the board in a subsequent board proceeding concerning 4.24 the person making or covered by the request and is a defense in 4.25 a judicial proceeding that involves the subject matter of the 4.26 opinion and is brought against the person making or covered by 4.27 the request unless: 4.28 (1) the board has amended or revoked the opinion before the 4.29 initiation of the board or judicial proceeding, has notified the 4.30 person making or covered by the request of its action, and has 4.31 allowed at least 30 days for the person to do anything that 4.32 might be necessary to comply with the amended or revoked 4.33 opinion; 4.34 (2) the request has omitted or misstated material facts; or 4.35 (3) the person making or covered by the request has not 4.36 acted in good faith in reliance on the opinion. 5.1 (c) A request for an opinion and the opinion itself are 5.2 nonpublic data. The board, however, may publish an opinion or a 5.3 summary of an opinion, but may not include in the publication 5.4 the name of the requester, the name of a person covered by a 5.5 request from an agency or political subdivision, or any other 5.6 information that might identify the requester, unless the person 5.7 consents to the inclusion. 5.8 Sec. 6. Minnesota Statutes 1999 Supplement, section 5.9 10A.02, subdivision 13, is amended to read: 5.10 Subd. 13. [RULES.] Chapter 14 applies to the board. The 5.11 board may adopt rules to carry out the purposes of this 5.12 chapter or chapter 10B. 5.13 Sec. 7. Minnesota Statutes 1999 Supplement, section 5.14 10A.025, subdivision 1, is amended to read: 5.15 Subdivision 1. [FILING DATE.] If a scheduled filing date 5.16 under this chapter or chapter 10B falls on a Saturday, Sunday, 5.17 or legal holiday, the filing date is the next regular business 5.18 day. 5.19 Sec. 8. Minnesota Statutes 1999 Supplement, section 5.20 10A.025, subdivision 2, is amended to read: 5.21 Subd. 2. [PENALTY FOR FALSE STATEMENTS.] A report or 5.22 statement required to be filed under this chapter or chapter 10B 5.23 must be signed and certified as true by the individual required 5.24 to file the report. An individual who signs and certifies to be 5.25 true a report or statement knowing it contains false information 5.26 or who knowingly omits required information is guilty of a gross 5.27 misdemeanor. 5.28 Sec. 9. Minnesota Statutes 1999 Supplement, section 5.29 10A.071, subdivision 3, is amended to read: 5.30 Subd. 3. [EXCEPTIONS.] (a) The prohibitions in this 5.31 section do not apply if the gift is: 5.32 (1) a contribution as defined in section10A.01,5.33subdivision 1110B.01, subdivision 10; 5.34 (2) services to assist an official in the performance of 5.35 official duties, including but not limited to providing advice, 5.36 consultation, information, and communication in connection with 6.1 legislation, and services to constituents; 6.2 (3) services of insignificant monetary value; 6.3 (4) a plaque or similar memento recognizing individual 6.4 services in a field of specialty or to a charitable cause; 6.5 (5) a trinket or memento of insignificant value; 6.6 (6) informational material of unexceptional value; or 6.7 (7) food or a beverage given at a reception, meal, or 6.8 meeting away from the recipient's place of work by an 6.9 organization before whom the recipient appears to make a speech 6.10 or answer questions as part of a program. 6.11 (b) The prohibitions in this section do not apply if the 6.12 gift is given: 6.13 (1) because of the recipient's membership in a group, a 6.14 majority of whose members are not officials, and an equivalent 6.15 gift is given to the other members of the group; or 6.16 (2) by a lobbyist or principal who is a member of the 6.17 family of the recipient, unless the gift is given on behalf of 6.18 someone who is not a member of that family. 6.19 Sec. 10. Minnesota Statutes 1999 Supplement, section 6.20 10A.34, is amended to read: 6.21 10A.34 [REMEDIES.] 6.22 Subdivision 1. [PERSONAL LIABILITY.] A person charged with 6.23 a duty under this chapter or chapter 10B is personally liable 6.24 for the penalty for failing to discharge it. 6.25 Subd. 1a. [RECOVERING LATE FEES.] The board may bring an 6.26 action in the district court in Ramsey county to recover a late 6.27 filing fee imposed under this chapter or chapter 10B. Money 6.28 recovered must be deposited in the general fund of the state. 6.29 Subd. 2. [INJUNCTION.] The board or a county attorney may 6.30 seek an injunction in the district court to enforce this chapter 6.31 or chapter 10B. 6.32 Subd. 3. [NOT A CRIME.] Unless otherwise provided, a 6.33 violation of this chapter or chapter 10B is not a crime. 6.34 Sec. 11. Minnesota Statutes 1999 Supplement, section 6.35 10A.37, is amended to read: 6.36 10A.37 [FREEDOM TO ASSOCIATE AND COMMUNICATE.] 7.1 Nothing in this chapter or chapter 10B may be construed to 7.2 abridge the right of an association to communicate with its 7.3 members. 7.4 Sec. 12. [10B.01] [DEFINITIONS.] 7.5 Subdivision 1. [APPLICATION.] The definitions in this 7.6 section apply to this chapter and chapter 10A. 7.7 Subd. 2. [ADVANCE OF CREDIT.] "Advance of credit" means 7.8 any money owed for goods provided or services rendered. 7.9 "Advance of credit" does not mean a loan as defined in 7.10 subdivision 17. 7.11 Subd. 3. [APPROVED EXPENDITURE.] "Approved expenditure" 7.12 means an expenditure made on behalf of a candidate by an entity 7.13 other than the principal campaign committee of the candidate if 7.14 the expenditure is made with the authorization or expressed or 7.15 implied consent of, or in cooperation or in concert with, or at 7.16 the request or suggestion of the candidate, the candidate's 7.17 principal campaign committee, or the candidate's agent. An 7.18 approved expenditure is a contribution to that candidate. 7.19 Subd. 4. [ASSOCIATION.] "Association" means a group of two 7.20 or more persons, who are not all members of an immediate family, 7.21 acting in concert. 7.22 Subd. 5. [BALLOT QUESTION.] "Ballot question" means a 7.23 question or proposition that is placed on the ballot and that 7.24 may be voted on by all voters of the state. "Promoting or 7.25 defeating a ballot question" includes activities related to 7.26 qualifying the question for placement on the ballot. 7.27 Subd. 6. [BOARD.] "Board" means the state campaign finance 7.28 and public disclosure board. 7.29 Subd. 7. [CAMPAIGN EXPENDITURE.] "Campaign expenditure" or 7.30 "expenditure" means a purchase or payment of money or anything 7.31 of value, or an advance of credit, made or incurred for the 7.32 purpose of influencing the nomination or election of a candidate 7.33 or for the purpose of promoting or defeating a ballot question. 7.34 An expenditure is considered to be made in the year in 7.35 which the candidate made the purchase of goods or services or 7.36 incurred an obligation to pay for goods or services. 8.1 An expenditure made for the purpose of defeating a 8.2 candidate is considered made for the purpose of influencing the 8.3 nomination or election of that candidate or any opponent of that 8.4 candidate. 8.5 Except as provided in clause (1), "expenditure" includes 8.6 the dollar value of a donation in kind. 8.7 "Expenditure" does not include: 8.8 (1) noncampaign disbursements as defined in subdivision 20; 8.9 (2) services provided without compensation by an individual 8.10 volunteering personal time on behalf of a candidate, ballot 8.11 question, political committee, political fund, principal 8.12 campaign committee, or party unit; 8.13 (3) the publishing or broadcasting of news items or 8.14 editorial comments by the news media, if the news medium is not 8.15 owned by or affiliated with any candidate or principal campaign 8.16 committee; or 8.17 (4) a regularly published newsletter or other communication 8.18 whose circulation is limited to an association's dues-paying 8.19 members. 8.20 Subd. 8. [CANDIDATE.] "Candidate" means an individual who 8.21 seeks nomination or election as a state constitutional officer, 8.22 legislator, or judge. An individual is deemed to seek 8.23 nomination or election if the individual has taken the action 8.24 necessary under the law of this state to qualify for nomination 8.25 or election, has received contributions or made expenditures in 8.26 excess of $100, or has given implicit or explicit consent for 8.27 any other person to receive contributions or make expenditures 8.28 in excess of $100, for the purpose of bringing about the 8.29 individual's nomination or election. A candidate remains a 8.30 candidate until the candidate's principal campaign committee is 8.31 dissolved under section 10B.27. 8.32 Subd. 9. [CONDUIT FUND.] "Conduit fund" means money, a 8.33 negotiable instrument, or a donation in kind collected by an 8.34 association from its employees and contributed to a candidate or 8.35 political committee only as directed by the employee from whom 8.36 the money was collected. 9.1 Subd. 10. [CONTRIBUTION.] (a) "Contribution" means money, 9.2 a negotiable instrument, or a donation in kind that is given to 9.3 a political committee, political fund, principal campaign 9.4 committee, or party unit. 9.5 (b) "Contribution" includes a loan or advance of credit to 9.6 a political committee, political fund, principal campaign 9.7 committee, or party unit, if the loan or advance of credit is: 9.8 (1) forgiven; or (2) repaid by an individual or an association 9.9 other than the political committee, political fund, principal 9.10 campaign committee, or party unit to which the loan or advance 9.11 of credit was made. If an advance of credit or a loan is 9.12 forgiven or repaid as provided in this paragraph, it is a 9.13 contribution in the year in which the loan or advance of credit 9.14 was made. 9.15 (c) "Contribution" does not include services provided 9.16 without compensation by an individual volunteering personal time 9.17 on behalf of a candidate, ballot question, political committee, 9.18 political fund, principal campaign committee, or party unit, or 9.19 the publishing or broadcasting of news items or editorial 9.20 comments by the news media. 9.21 Subd. 11. [DEPOSITORY.] "Depository" means a bank, savings 9.22 association, or credit union organized under federal or state 9.23 law and transacting business within this state. 9.24 Subd. 12. [DONATION IN KIND.] "Donation in kind" means 9.25 anything of value that is given, other than money or negotiable 9.26 instruments. An approved expenditure is a donation in kind. 9.27 Subd. 13. [ELECTION.] "Election" means a primary, special 9.28 primary, general, or special election. 9.29 Subd. 14. [ELECTION CYCLE.] "Election cycle" means the 9.30 period from January 1 following a general election for an office 9.31 to December 31 following the next general election for that 9.32 office, except that "election cycle" for a special election 9.33 means the period from the date the special election writ is 9.34 issued to 60 days after the special election is held. 9.35 Subd. 15. [FINANCIAL INSTITUTION.] "Financial institution" 9.36 means a lending institution chartered by an agency of the 10.1 federal government or regulated by the commissioner of commerce. 10.2 Subd. 16. [INDEPENDENT EXPENDITURE.] (a) "Independent 10.3 expenditure" means an expenditure for a communication expressly 10.4 advocating the election or defeat of a clearly identified 10.5 candidate if the expenditure is made without the express or 10.6 implied consent, authorization, or cooperation of, and not in 10.7 concert with or at the request or suggestion of, any candidate 10.8 or any candidate's principal campaign committee or agent. Using 10.9 campaign slogans or individual words that in context can have no 10.10 reasonable meaning other than to recommend the election or 10.11 defeat of a clearly identified candidate is presumed to be 10.12 express advocacy, but this presumption may be rebutted by a 10.13 preponderance of the evidence. 10.14 (b) An independent expenditure is not a contribution to 10.15 that candidate. 10.16 (c) An expenditure is not independent if it is made: 10.17 (1) by an individual or association in cooperation, 10.18 consultation, or concert with, at the request or suggestion of, 10.19 or pursuant to a particular understanding with a candidate, a 10.20 principal campaign committee, or an agent acting on behalf of a 10.21 candidate or principal campaign committee; 10.22 (2) by an individual or association to disseminate, 10.23 distribute, or republish, in whole or in substantial part, a 10.24 broadcast or a written, graphic, or other form of campaign 10.25 material prepared by a candidate or principal campaign 10.26 committee, or an agent of a candidate or principal campaign 10.27 committee; 10.28 (3) based on specific information about the candidate's 10.29 plans, projects, or needs provided to the individual or 10.30 association making the expenditure by the candidate or the 10.31 candidate's agent, who provides the information with a view 10.32 toward having the expenditure made; 10.33 (4) by an individual who, in the same election cycle in 10.34 which the expenditure is made, is serving or has served as a 10.35 member, employee, fund raiser, or agent of the candidate's 10.36 principal campaign committee in an executive or policy-making 11.1 position; 11.2 (5) by an individual who, in the same election cycle in 11.3 which the expenditure is made, has served in a formal policy or 11.4 advisory position with the candidate's campaign or has 11.5 participated in strategic or policy-making discussions with the 11.6 candidate's campaign relating to the candidate's pursuit of 11.7 nomination or election to office; or 11.8 (6) by an individual who retains the professional services 11.9 of an individual or association that, in a nonministerial 11.10 capacity, has provided or is providing campaign-related services 11.11 in the same election cycle to a candidate who is pursuing the 11.12 same nomination or election as any of the candidates to whom the 11.13 communication refers. "Professional services" means services in 11.14 support of a candidate's pursuit of nomination or election to 11.15 office, such as polling, media advice, direct mail, fundraising, 11.16 or campaign research. 11.17 Subd. 17. [LOAN.] "Loan" means an advance of money or 11.18 anything of value made to a political committee, political fund, 11.19 principal campaign committee, or party unit. 11.20 Subd. 18. [MAJOR POLITICAL PARTY.] "Major political party" 11.21 means a major political party as defined in section 200.02, 11.22 subdivision 7. 11.23 Subd. 19. [MINOR POLITICAL PARTY.] "Minor political party" 11.24 means a minor political party as defined in section 200.02, 11.25 subdivision 23. 11.26 Subd. 20. [NONCAMPAIGN DISBURSEMENT.] "Noncampaign 11.27 disbursement" means a purchase or payment of money or anything 11.28 of value made, or an advance of credit incurred, or a donation 11.29 in kind received, by a principal campaign committee for any of 11.30 the following purposes: 11.31 (1) payment for accounting and legal services; 11.32 (2) return of a contribution to the source; 11.33 (3) repayment of a loan made to the principal campaign 11.34 committee by that committee; 11.35 (4) return of a public subsidy; 11.36 (5) payment for food, beverages, entertainment, and 12.1 facility rental for a fund-raising event; 12.2 (6) services for a constituent by a member of the 12.3 legislature or a constitutional officer in the executive branch, 12.4 performed from the beginning of the term of office to 12.5 adjournment sine die of the legislature in the election year for 12.6 the office held, and one-half the cost of services for a 12.7 constituent by a member of the legislature or a constitutional 12.8 officer in the executive branch performed from adjournment sine 12.9 die to 60 days after adjournment sine die; 12.10 (7) payment for food and beverages provided to campaign 12.11 volunteers while they are engaged in campaign activities; 12.12 (8) payment of expenses incurred by elected or appointed 12.13 leaders of a legislative caucus in carrying out their leadership 12.14 responsibilities; 12.15 (9) payment by a principal campaign committee of the 12.16 candidate's expenses for serving in public office, other than 12.17 for personal uses; 12.18 (10) costs of child care for the candidate's children when 12.19 campaigning; 12.20 (11) fees paid to attend a campaign school; 12.21 (12) costs of a postelection party during the election year 12.22 when a candidate's name will no longer appear on a ballot or the 12.23 general election is concluded, whichever occurs first; 12.24 (13) interest on loans paid by a principal campaign 12.25 committee on outstanding loans; 12.26 (14) filing fees; 12.27 (15) notes or advertisements in the news media expressing 12.28 gratitude after the general election; 12.29 (16) the cost of campaign material purchased to replace 12.30 defective campaign material, if the defective material is 12.31 destroyed without being used; 12.32 (17) contributions to a party unit; and 12.33 (18) other purchases or payments specified in board rules 12.34 or advisory opinions as being for any purpose other than to 12.35 influence the nomination or election of a candidate or to 12.36 promote or defeat a ballot question. 13.1 The board must determine whether an activity involves a 13.2 noncampaign disbursement within the meaning of this subdivision. 13.3 A noncampaign disbursement is considered to be made in the 13.4 year in which the candidate made the purchase of goods or 13.5 services or incurred an obligation to pay for goods or services. 13.6 Subd. 21. [POLITICAL COMMITTEE.] "Political committee" 13.7 means an association whose major purpose is to influence the 13.8 nomination or election of a candidate or to promote or defeat a 13.9 ballot question, other than a principal campaign committee or a 13.10 political party unit. 13.11 Subd. 22. [POLITICAL FUND.] "Political fund" means an 13.12 accumulation of dues or voluntary contributions by an 13.13 association other than a political committee, principal campaign 13.14 committee, or party unit, if the accumulation is collected or 13.15 expended to influence the nomination or election of a candidate 13.16 or to promote or defeat a ballot question. 13.17 Subd. 23. [POLITICAL PARTY.] "Political party" means a 13.18 major political party or a minor political party. A political 13.19 party is the aggregate of all its political party units in this 13.20 state. 13.21 Subd. 24. [POLITICAL PARTY UNIT OR PARTY UNIT.] "Political 13.22 party unit" or "party unit" means the state committee or the 13.23 party organization within a house of the legislature, 13.24 congressional district, county, legislative district, 13.25 municipality, or precinct. 13.26 Subd. 25. [POPULATION.] "Population" means the population 13.27 established by the most recent federal census, by a special 13.28 census taken by the United States Bureau of the Census, by an 13.29 estimate made by the metropolitan council, or by an estimate 13.30 made by the state demographer under section 4A.02, whichever has 13.31 the latest stated date of count or estimate. 13.32 Subd. 26. [PRINCIPAL CAMPAIGN COMMITTEE.] "Principal 13.33 campaign committee" means a principal campaign committee formed 13.34 under section 10B.02. 13.35 Subd. 27. [STATE COMMITTEE.] "State committee" means the 13.36 organization that, by virtue of the bylaws of a political party, 14.1 is responsible for the day-to-day operation of the political 14.2 party at the state level. 14.3 Sec. 13. [10B.02] [PRINCIPAL CAMPAIGN COMMITTEE.] 14.4 Subdivision 1. [SINGLE COMMITTEE.] A candidate must not 14.5 accept contributions from a source, other than self, in 14.6 aggregate in excess of $100 or accept a public subsidy unless 14.7 the candidate designates and causes to be formed a single 14.8 principal campaign committee for each office sought. A 14.9 candidate may not authorize, designate, or cause to be formed 14.10 any other political committee bearing the candidate's name or 14.11 title or otherwise operating under the direct or indirect 14.12 control of the candidate. However, a candidate may be involved 14.13 in the direct or indirect control of a party unit. 14.14 Subd. 2. [REPLACEMENT OF OFFICERS.] A candidate may at any 14.15 time without cause remove and replace the chair, treasurer, 14.16 deputy treasurer, or any other officer of the candidate's 14.17 principal campaign committee. 14.18 Sec. 14. [10B.03] [ORGANIZATION OF COMMITTEES AND PARTY 14.19 UNITS.] 14.20 Subdivision 1. [CHAIR AND TREASURER.] A political 14.21 committee, principal campaign committee, or party unit must have 14.22 a chair and a treasurer. The chair and treasurer may be the 14.23 same individual. 14.24 Subd. 2. [TREASURER VACANCY.] A political committee, 14.25 principal campaign committee, or party unit may not accept a 14.26 contribution or make an expenditure or permit an expenditure to 14.27 be made on its behalf while the office of treasurer is vacant. 14.28 Subd. 3. [DEPUTY TREASURERS.] The treasurer of a political 14.29 committee, principal campaign committee, or party unit may 14.30 appoint as many deputy treasurers as necessary and is 14.31 responsible for their accounts. 14.32 Subd. 4. [DEPOSITORIES.] The treasurer of a political 14.33 committee, principal campaign committee, or party unit may 14.34 designate one or two depositories in each county in which a 14.35 campaign is conducted. 14.36 Subd. 5. [COMMINGLING PROHIBITED.] A political committee, 15.1 principal campaign committee, or party unit may not commingle 15.2 its funds with personal funds of officers, members, or 15.3 associates of the committee. 15.4 Subd. 6. [PENALTY.] A person who knowingly violates this 15.5 section is guilty of a misdemeanor. 15.6 Sec. 15. [10B.04] [POLITICAL FUNDS.] 15.7 Subdivision 1. [WHEN REQUIRED.] An association other than 15.8 a political committee or party unit may not contribute more than 15.9 $100 in aggregate in any one year to candidates, political 15.10 committees, or party units or make any approved or independent 15.11 expenditure or expenditure to promote or defeat a ballot 15.12 question unless the contribution or expenditure is made from a 15.13 political fund. 15.14 Subd. 2. [COMMINGLING PROHIBITED.] The contents of a 15.15 political fund may not be commingled with other funds or with 15.16 the personal funds of an officer or member of the fund. 15.17 Subd. 3. [TREASURER.] An association that has a political 15.18 fund must elect or appoint a treasurer of the political fund. 15.19 Subd. 4. [TREASURER VACANCY.] A political fund may not 15.20 accept a contribution or make an expenditure or contribution 15.21 from the political fund while the office of treasurer of the 15.22 political fund is vacant. 15.23 Subd. 5. [DUES OR MEMBERSHIP FEES.] An association may, if 15.24 not prohibited by other law, deposit in its political fund money 15.25 derived from dues or membership fees. Under section 10B.12, the 15.26 treasurer of the fund must disclose the name of any member whose 15.27 dues, membership fees, and contributions deposited in the 15.28 political fund together exceed $100 in a year. 15.29 Subd. 6. [PENALTY.] A person who knowingly violates this 15.30 section is guilty of a misdemeanor. 15.31 Sec. 16. [10B.05] [CONDUIT FUNDS.] 15.32 Subdivision 1. [COMMINGLING PROHIBITED.] The contents of a 15.33 conduit fund may not be commingled with other funds or with the 15.34 personal funds of an officer or member of the fund. 15.35 Subd. 2. [TREASURER.] An association that has a conduit 15.36 fund must elect or appoint a treasurer of the fund. 16.1 Subd. 3. [TREASURER VACANCY.] A conduit fund may not 16.2 accept a contribution or make an expenditure or contribution 16.3 from the fund while the office of treasurer of the fund is 16.4 vacant. 16.5 Subd. 4. [PENALTY.] A person who knowingly violates this 16.6 section is guilty of a misdemeanor. 16.7 Sec. 17. [10B.06] [ACCOUNTS THAT MUST BE KEPT.] 16.8 Subdivision 1. [ACCOUNTS; PENALTY.] The treasurer of a 16.9 political committee, political fund, conduit fund, principal 16.10 campaign committee, or party unit must keep an account of: 16.11 (1) the sum of all contributions, except any donation in 16.12 kind valued at $20 or less, made to the committee, fund, or 16.13 party unit; 16.14 (2) the name and address of each source of a contribution 16.15 made to the committee, fund, or party unit in excess of $20, 16.16 together with the date and amount of each; 16.17 (3) each expenditure made by the committee, fund, or party 16.18 unit, together with the date and amount; 16.19 (4) each approved expenditure made on behalf of the 16.20 committee, fund, or party unit, together with the date and 16.21 amount; and 16.22 (5) the name and address of each political committee, 16.23 political fund, principal campaign committee, or party unit to 16.24 which contributions in excess of $20 have been made, together 16.25 with the date and amount. 16.26 Any individual who knowingly violates this subdivision is 16.27 guilty of a misdemeanor. 16.28 Subd. 2. [RECEIPTS.] The treasurer must obtain a receipted 16.29 bill, stating the particulars, for every expenditure over $100 16.30 made by, or approved expenditure over $100 made on behalf of, 16.31 the committee, fund, or party unit, and for any expenditure or 16.32 approved expenditure in a lesser amount if the aggregate amount 16.33 of lesser expenditures and approved expenditures made to the 16.34 same individual or association during the same year exceeds $100. 16.35 Sec. 18. [10B.07] [REGISTRATION.] 16.36 Subdivision 1. [FIRST REGISTRATION.] The treasurer of a 17.1 political committee, political fund, conduit fund, principal 17.2 campaign committee, or party unit must register with the board 17.3 by filing a statement of organization no later than 14 days 17.4 after the committee, fund, or party unit has made or transferred 17.5 a contribution, received contributions, or made expenditures in 17.6 excess of $100. 17.7 Subd. 2. [FORM.] The statement of organization must 17.8 include: 17.9 (1) the name and address of the committee, fund, or party 17.10 unit; 17.11 (2) the name and address of the chair of a political 17.12 committee, principal campaign committee, or party unit; 17.13 (3) the name and address of any supporting association of a 17.14 political fund or conduit fund; 17.15 (4) the name and address of the treasurer and any deputy 17.16 treasurers and, for a principal campaign committee, any other 17.17 individual authorized to accept contributions on behalf of the 17.18 principal campaign committee; 17.19 (5) a listing of all depositories or safety deposit boxes 17.20 used; and 17.21 (6) for the state committee of a political party only, a 17.22 list of its party units. 17.23 Sec. 19. [10B.08] [CONTRIBUTIONS.] 17.24 Subdivision 1. [ANONYMOUS CONTRIBUTIONS.] A political 17.25 committee, political fund, conduit fund, principal campaign 17.26 committee, or party unit may not retain an anonymous 17.27 contribution in excess of $20, but must forward it to the board 17.28 for deposit in the general fund. 17.29 Subd. 2. [SOURCE; AMOUNT; DATE.] An individual who 17.30 receives a contribution in excess of $20 for a political 17.31 committee, political fund, conduit fund, principal campaign 17.32 committee, or party unit must, on demand of the treasurer, 17.33 inform the treasurer of the name and, if known, the address of 17.34 the source of the contribution, the amount of the contribution, 17.35 and the date it was received. 17.36 Subd. 3. [DEPOSIT.] All contributions received by or on 18.1 behalf of a candidate, principal campaign committee, political 18.2 committee, political fund, conduit fund, or party unit must be 18.3 deposited in an account designated "Campaign Fund of ..... (name 18.4 of candidate, committee, fund, or party unit)." All 18.5 contributions must be deposited promptly upon receipt and, 18.6 except for contributions received during the last three days of 18.7 a reporting period as described in section 10B.12, must be 18.8 deposited during the reporting period in which they were 18.9 received. A contribution received during the last three days of 18.10 a reporting period must be deposited within 72 hours after 18.11 receipt and must be reported as received during the reporting 18.12 period whether or not deposited within that period. A 18.13 candidate, principal campaign committee, political committee, 18.14 political fund, conduit fund, or party unit may refuse to accept 18.15 a contribution. A deposited contribution may be returned to the 18.16 contributor within 60 days after deposit. A contribution 18.17 deposited and not returned within 60 days after that deposit 18.18 must be reported as accepted. 18.19 Subd. 4. [EXCESS.] A treasurer of a principal campaign 18.20 committee of a candidate may not deposit a contribution that on 18.21 its face exceeds the limit on contributions to the candidate 18.22 prescribed by section 10B.13 unless, at the time of deposit, the 18.23 treasurer issues a check to the source for the amount of the 18.24 excess. 18.25 Subd. 5. [ATTRIBUTABLE CONTRIBUTIONS.] Contributions made 18.26 to a candidate or principal campaign committee that are directed 18.27 to the candidate or principal campaign committee by a political 18.28 fund, committee, or party unit must be reported as attributable 18.29 to the political fund, committee, or party unit and count toward 18.30 the contribution limits of that fund, committee, or party unit 18.31 specified in section 10B.13, if the fund, committee, or party 18.32 unit was organized or is operated primarily to direct 18.33 contributions other than from its own money to one or more 18.34 candidates or principal campaign committees. The treasurer of 18.35 the political fund, committee, or party unit must advise the 18.36 candidate or the candidate's principal campaign committee if the 19.1 contribution or contributions are not from the money of the 19.2 fund, committee, or party unit and the original source of the 19.3 money. As used in this subdivision, "direct" includes, but is 19.4 not limited to, order, command, control, or instruct. A 19.5 violation of this subdivision is a violation of section 10B.15. 19.6 Subd. 6. [RELATED COMMITTEES.] An individual, association, 19.7 political committee, political fund, or party unit may 19.8 establish, finance, maintain, or control a political committee, 19.9 political fund, or party unit. One who does this is a 19.10 "parent." The political committee, fund, or party unit so 19.11 established, financed, maintained, or controlled is a 19.12 "subsidiary." If the parent is an association, the association 19.13 must create a political committee or political fund to serve as 19.14 the parent for reporting purposes. A subsidiary must report its 19.15 contribution to a candidate or principal campaign committee as 19.16 attributable to its parent, and the contribution is counted 19.17 toward the contribution limits in section 10B.13 of the parent 19.18 as well as of the subsidiary. 19.19 Subd. 7. [PENALTY.] An individual violating this section 19.20 is guilty of a misdemeanor. 19.21 Subd. 8. [REGISTRATION NUMBER ON CHECKS.] A contribution 19.22 made to a candidate by a lobbyist, political committee, 19.23 political fund, conduit fund, or party unit must show the name 19.24 of the lobbyist, political committee, political fund, conduit 19.25 fund, or party unit and the number under which it is registered 19.26 with the board. 19.27 Sec. 20. [10B.09] [EARMARKING CONTRIBUTIONS PROHIBITED.] 19.28 An individual, political committee, political fund, conduit 19.29 fund, principal campaign committee, or party unit may not 19.30 solicit or accept a contribution from any source with the 19.31 express or implied condition that the contribution or any part 19.32 of it be directed to a particular candidate other than the 19.33 initial recipient. An individual, political committee, 19.34 political fund, conduit fund, principal campaign committee, or 19.35 party unit that knowingly accepts any earmarked contribution is 19.36 guilty of a gross misdemeanor. 20.1 Sec. 21. [10B.10] [EXPENDITURES.] 20.2 Subdivision 1. [AUTHORIZATION.] A political committee, 20.3 political fund, conduit fund, principal campaign committee, or 20.4 party unit may not expend money unless the expenditure is 20.5 authorized by the treasurer or deputy treasurer of that 20.6 committee, fund, or party unit. 20.7 Subd. 2. [WRITTEN AUTHORIZATION.] An individual or 20.8 association may not make an approved expenditure of more than 20.9 $20 without receiving written authorization from the treasurer 20.10 of the principal campaign committee of the candidate who 20.11 approved the expenditure stating the amount that may be spent 20.12 and the purpose of the expenditure. 20.13 Subd. 3. [PETTY CASH.] The treasurer or deputy treasurer 20.14 of a political committee, principal campaign committee, or party 20.15 unit may sign vouchers for petty cash of up to $100 per week for 20.16 statewide elections or $20 per week for legislative elections, 20.17 to be used for miscellaneous expenditures. 20.18 Subd. 4. [INDEPENDENT EXPENDITURES.] An individual, 20.19 political committee, political fund, principal campaign 20.20 committee, or party unit that independently solicits or accepts 20.21 contributions or makes independent expenditures on behalf of a 20.22 candidate must publicly disclose that the expenditure is an 20.23 independent expenditure. All written communications with those 20.24 from whom contributions are independently solicited or accepted 20.25 or to whom independent expenditures are made on behalf of a 20.26 candidate must contain a statement in conspicuous type that the 20.27 activity is an independent expenditure and is not approved by 20.28 the candidate nor is the candidate responsible for it. Similar 20.29 language must be included in all oral communications, in 20.30 conspicuous type on the front page of all literature and 20.31 advertisements published or posted, and at the end of all 20.32 broadcast advertisements made by that individual, political 20.33 committee, political fund, principal campaign committee, or 20.34 party unit on the candidate's behalf. 20.35 Subd. 5. [PENALTY.] A person who knowingly violates 20.36 subdivision 2 is guilty of a misdemeanor. A person who 21.1 knowingly violates subdivision 4 or falsely claims that an 21.2 expenditure was an independent expenditure is guilty of a gross 21.3 misdemeanor. 21.4 Sec. 22. [10B.11] [TIME FOR RENDERING BILLS, CHARGES, OR 21.5 CLAIMS; PENALTY.] 21.6 A person who has a bill, charge, or claim against a 21.7 political committee, political fund, conduit fund, principal 21.8 campaign committee, or party unit for an expenditure must render 21.9 in writing to the treasurer of the committee, fund, or party 21.10 unit the bill, charge, or claim within 60 days after the 21.11 material or service is provided. Violation of this section is a 21.12 misdemeanor. 21.13 Sec. 23. [10B.12] [CAMPAIGN REPORTS.] 21.14 Subdivision 1. [FIRST FILING; DURATION.] The treasurer of 21.15 a political committee, political fund, conduit fund, principal 21.16 campaign committee, or party unit must begin to file the reports 21.17 required by this section in the first year it receives 21.18 contributions or makes transfers or expenditures in excess of 21.19 $100 and must continue to file until the committee, fund, or 21.20 party unit is terminated. 21.21 Subd. 2. [TIME FOR FILING.] (a) The reports must be filed 21.22 with the board on or before January 31 of each year and 21.23 additional reports must be filed as required and in accordance 21.24 with paragraphs (b) and (c). 21.25 (b) In each year in which the name of the candidate is on 21.26 the ballot, the report of the principal campaign committee must 21.27 be filed 15 days before a primary and ten days before a general 21.28 election, seven days before a special primary and a special 21.29 election, and ten days after a special election cycle. 21.30 (c) In each general election year, a political committee, 21.31 political fund, conduit fund, or party unit must file reports 15 21.32 days before a primary and ten days before a general election. 21.33 Subd. 3. [CONTENTS OF REPORT; POLITICAL COMMITTEES AND 21.34 POLITICAL FUNDS.] (a) The report by a political committee or 21.35 political fund must disclose the amount of liquid assets on hand 21.36 at the beginning of the reporting period. 22.1 (b) The report must disclose the name, address, and 22.2 employer, or occupation if self-employed, of each individual or 22.3 association that has made one or more contributions to the 22.4 reporting entity, including the purchase of tickets for a 22.5 fund-raising effort, that in aggregate within the year exceed $5 22.6 for a candidate who has signed a spending limit agreement under 22.7 section 10B.20 or $100 for other legislative or statewide 22.8 candidates or ballot questions, together with the amount and 22.9 date of each contribution, and the aggregate amount of 22.10 contributions within the year from each source so disclosed. A 22.11 donation in kind must be disclosed at its fair market value. An 22.12 approved expenditure must be listed as a donation in kind. A 22.13 donation in kind is considered consumed in the reporting period 22.14 in which it is received. The names of contributors must be 22.15 listed in alphabetical order. Contributions from the same 22.16 contributor must be listed under the same name. When a 22.17 contribution received from a contributor in a reporting period 22.18 is added to previously reported unitemized contributions from 22.19 the same contributor and the aggregate exceeds the disclosure 22.20 threshold of this paragraph, the name, address, and employer, or 22.21 occupation if self-employed, of the contributor must then be 22.22 listed on the report. 22.23 (c) The report must disclose the sum of contributions to 22.24 the reporting entity and the sum of all contributions received 22.25 through each conduit fund and through all conduit funds during 22.26 the reporting period. 22.27 (d) The report must disclose each loan made or received by 22.28 the reporting entity within the year in aggregate in excess of 22.29 $5 for the principal campaign committee of a candidate who has 22.30 signed a spending limit agreement under section 10B.20 or $100 22.31 for another committee or fund, continuously reported until 22.32 repaid or forgiven, together with the name, address, occupation, 22.33 and principal place of business, if any, of the lender and any 22.34 endorser and the date and amount of the loan. If a loan made to 22.35 the principal campaign committee of a candidate is forgiven or 22.36 is repaid by an entity other than that principal campaign 23.1 committee, it must be reported as a contribution for the year in 23.2 which the loan was made. 23.3 (e) The report must disclose each receipt over $100 during 23.4 the reporting period not otherwise listed under paragraphs (b) 23.5 to (d). 23.6 (f) The report must disclose the sum of all receipts of the 23.7 reporting entity during the reporting period. 23.8 (g) The report must disclose the name and address of each 23.9 individual or association to whom aggregate expenditures, 23.10 including approved expenditures, have been made by or on behalf 23.11 of the reporting entity within the year in excess of $100, 23.12 together with the amount, date, and purpose of each expenditure 23.13 and the name and address of, and office sought by, each 23.14 candidate on whose behalf the expenditure was made, 23.15 identification of the ballot question that the expenditure was 23.16 intended to promote or defeat, and in the case of independent 23.17 expenditures made in opposition to a candidate, the candidate's 23.18 name, address, and office sought. A reporting entity making an 23.19 expenditure on behalf of more than one candidate for state or 23.20 legislative office must allocate the expenditure among the 23.21 candidates on a reasonable cost basis and report the allocation 23.22 for each candidate. 23.23 (h) The report must disclose the sum of all expenditures 23.24 made by or on behalf of the reporting entity during the 23.25 reporting period. 23.26 (i) The report must disclose the amount and nature of an 23.27 advance of credit incurred by the reporting entity, continuously 23.28 reported until paid or forgiven. If an advance of credit 23.29 incurred by the principal campaign committee of a candidate is 23.30 forgiven by the creditor or paid by an entity other than that 23.31 principal campaign committee, it must be reported as a donation 23.32 in kind for the year in which the advance of credit was made. 23.33 (j) The report must disclose the name and address of each 23.34 political committee, political fund, principal campaign 23.35 committee, or party unit to which contributions have been made 23.36 that aggregate in excess of $100 within the year and the amount 24.1 and date of each contribution. 24.2 (k) The report must disclose the sum of all contributions 24.3 made by the reporting entity during the reporting period. 24.4 (l) The report must disclose the name and address of each 24.5 individual or association to whom noncampaign disbursements have 24.6 been made that aggregate in excess of $100 within the year by or 24.7 on behalf of the reporting entity and the amount, date, and 24.8 purpose of each noncampaign disbursement. 24.9 (m) The report must disclose the sum of all noncampaign 24.10 disbursements made within the year by or on behalf of the 24.11 reporting entity. 24.12 (n) The report must disclose the name and address of a 24.13 nonprofit corporation that provides administrative assistance to 24.14 a political committee or political fund as authorized by section 24.15 211B.15, subdivision 17, the type of administrative assistance 24.16 provided, and the aggregate fair market value of each type of 24.17 assistance provided to the political committee or political fund 24.18 during the reporting period. 24.19 Subd. 4. [CONTENTS OF REPORT; CONDUIT FUNDS.] Each report 24.20 by a conduit fund under this section must disclose the sum of 24.21 all contributions received by the fund and the sum of all 24.22 contributions made to each political committee, political fund, 24.23 principal campaign committee, or party unit and to all of them 24.24 together during the reporting period. 24.25 Subd. 5. [PERIOD OF REPORT.] A report must cover the 24.26 period from the last day covered by the previous report to seven 24.27 days before the filing date, except that the report due on 24.28 January 31 must cover the period from the last day covered by 24.29 the previous report to December 31. 24.30 Subd. 6. [CONTRIBUTION REPORTS.] Any loan, contribution, 24.31 or contributions from any one source totaling more than $100 24.32 must be reported to and received by the board within 48 hours 24.33 after its receipt by the candidate, committee, fund, or party 24.34 unit, except that during the last three weeks before the primary 24.35 election and the last three weeks before the general election it 24.36 must be reported to and received by the board within 24 hours 25.1 after its receipt by the candidate, committee, fund, or party 25.2 unit. 25.3 These loans and contributions must also be reported in the 25.4 next required report. 25.5 The 48-hour and 24-hour notice requirements do not apply 25.6 with respect to a primary in which the candidate is unopposed. 25.7 Subd. 7. [REPORT WHEN NO COMMITTEE.] A candidate who does 25.8 not designate and cause to be formed a principal campaign 25.9 committee and an individual who makes independent expenditures 25.10 or expenditures expressly advocating the approval or defeat of a 25.11 ballot question in aggregate in excess of $100 in a year must 25.12 file with the board a report containing the information required 25.13 by subdivision 3. Reports required by this subdivision must be 25.14 filed on the dates on which reports by committees, funds, and 25.15 party units are filed. 25.16 Subd. 8. [STATEMENT OF INDEPENDENCE.] An individual, 25.17 political committee, political fund, or party unit filing a 25.18 report or statement disclosing an independent expenditure under 25.19 subdivision 3 or 7 must file with the report a sworn statement 25.20 that the disclosed expenditures were not made with the 25.21 authorization or expressed or implied consent of, or in 25.22 cooperation or in concert with, or at the request or suggestion 25.23 of any candidate or any candidate's principal campaign committee 25.24 or agent. 25.25 Subd. 9. [REPORT OF EXCESS SPENDING.] (a) The treasurer of 25.26 the principal campaign committee of a candidate who has not 25.27 signed a spending limit agreement under section 10B.20 must file 25.28 with the board a report disclosing the sum of all expenditures 25.29 made by or on behalf of the committee that exceed ten percent of 25.30 the expenditure limit for any opponent of the candidate who has 25.31 signed a spending limit agreement under section 10B.20 within 48 25.32 hours after the spending exceeds ten percent of the spending 25.33 limit by more than $100 for a candidate for legislative office 25.34 or $500 for a candidate for statewide office. The treasurer 25.35 must file an additional report within seven days after spending 25.36 any additional amounts. 26.1 (b) During the last three weeks before the primary election 26.2 and during the last three weeks before the general election, the 26.3 treasurer must file the report within 24 hours after the 26.4 spending exceeds ten percent of the spending limit by more than 26.5 $50 for a candidate for legislative office or $250 for a 26.6 candidate for statewide office. 26.7 Subd. 10. [INDEPENDENT EXPENDITURES; NOTICE.] (a) Within 26.8 48 hours after an individual, political committee, political 26.9 fund, principal campaign committee, or party unit makes or 26.10 becomes obligated by oral or written agreement to make an 26.11 independent expenditure in excess of $100 in a legislative 26.12 district election or $500 in a statewide election, other than an 26.13 expenditure by an association targeted to inform solely its own 26.14 dues-paying members of the association's position on a 26.15 candidate, the individual, political committee, political fund, 26.16 principal campaign committee, or party unit must file with the 26.17 board a notice of the intent to make the independent expenditure 26.18 and provide a copy of the notice to each candidate in the 26.19 affected race and to the treasurer of the candidate's principal 26.20 campaign committee. The notice must contain the information 26.21 with respect to the expenditure that is required to be reported 26.22 under subdivision 3, paragraph (g), except that if an 26.23 expenditure is reported before it is made, the notice must 26.24 include a reasonable estimate of the anticipated amount. The 26.25 notice must include an affidavit, under penalty of perjury, 26.26 signed and sworn to by the individual or by the treasurer of the 26.27 committee, fund, or party unit identifying the candidate in 26.28 support of or opposition to whom the expenditure is made and 26.29 affirming that the expenditure was independent and involved no 26.30 cooperation or coordination with a candidate or a political 26.31 party. Each new expenditure requires a new notice, except that 26.32 the deadline for filing the second and subsequent notices is 26.33 seven days rather than 48 hours. 26.34 (b) During the last three weeks before the primary election 26.35 and during the last three weeks before the general election, the 26.36 notice must be filed whenever an individual, political 27.1 committee, political fund, principal campaign committee, or 27.2 party unit makes or becomes obligated by oral or written 27.3 agreement to make an independent expenditure of more than $50 in 27.4 a legislative election or $250 in a statewide election. The 27.5 notice must be filed within 24 hours after making or becoming 27.6 obligated to make the independent expenditure. 27.7 (c) An individual or association may file a complaint with 27.8 the board that a required notice was not filed or that a notice 27.9 filed under this subdivision is false. The board must determine 27.10 the complaint promptly. If the board determines that a notice 27.11 was false and the board has distributed a public subsidy to a 27.12 candidate based on the false notice, the candidate must return 27.13 the subsidy to the board. 27.14 (d) An individual or the treasurer of a political 27.15 committee, political fund, principal campaign committee, or 27.16 party unit who fails to give notice as required by this 27.17 subdivision, or who files a false notice, is guilty of a gross 27.18 misdemeanor and is subject to a civil fine of up to four times 27.19 the amount of the independent expenditure stated in the notice 27.20 or of which notice was required, whichever is greater. 27.21 Subd. 11. [STATEMENT OF INACTIVITY.] If a reporting entity 27.22 has no receipts or expenditures during a reporting period, the 27.23 treasurer must file with the board at the time required by this 27.24 section a statement to that effect. 27.25 Subd. 12. [EXEMPTION FROM DISCLOSURE.] The board must 27.26 exempt a member of or contributor to an association, or any 27.27 other individual, from the requirements of this section if the 27.28 member, contributor, or other individual demonstrates by clear 27.29 and convincing evidence that disclosure would expose the member 27.30 or contributor to economic reprisals, loss of employment, or 27.31 threat of physical coercion. 27.32 An association may seek an exemption for all of its members 27.33 or contributors if it demonstrates by clear and convincing 27.34 evidence that a substantial number of its members or 27.35 contributors would suffer a restrictive effect on their freedom 27.36 of association if members were required to seek exemptions 28.1 individually. 28.2 Subd. 13. [EXEMPTION PROCEDURE.] An individual or 28.3 association seeking an exemption under subdivision 12 must 28.4 submit a written application for exemption to the board. The 28.5 board, without hearing, must grant or deny the exemption within 28.6 30 days after receiving the application and must issue a written 28.7 order stating the reasons for its action. The board must 28.8 publish its order in the State Register and give notice to all 28.9 parties known to the board to have an interest in the matter. 28.10 If the board receives a written objection to its action from any 28.11 party within 20 days after publication of its order and 28.12 notification of interested parties, the board must hold a 28.13 contested case hearing on the matter. Upon the filing of a 28.14 timely objection from the applicant, an order denying an 28.15 exemption is suspended pending the outcome of the contested 28.16 case. If no timely objection is received, the exemption 28.17 continues in effect until a written objection is filed with the 28.18 board in a succeeding election year. The board must adopt rules 28.19 establishing a procedure so that an individual seeking an 28.20 exemption may proceed anonymously if the individual would be 28.21 exposed to the reprisals listed in subdivision 12 if the 28.22 individual's identity were to be revealed for the purposes of a 28.23 hearing. 28.24 Subd. 14. [FAILURE TO FILE; PENALTY.] The board must 28.25 notify by certified mail or personal service an individual who 28.26 fails to file a statement required by this section. If an 28.27 individual fails to file a statement due January 31 within seven 28.28 days after receiving a notice, the board may impose a late 28.29 filing fee of $5 per day, not to exceed $100, commencing on the 28.30 eighth day after receiving notice. If an individual fails to 28.31 file a statement due before a primary or election within three 28.32 days after the date due, regardless of whether the individual 28.33 has received any notice, the board may impose a late filing fee 28.34 of $50 per day, not to exceed $500, commencing on the fourth day 28.35 after the date the statement was due. The board must further 28.36 notify by certified mail or personal service an individual who 29.1 fails to file a statement within 14 days after receiving a first 29.2 notice from the board that the individual may be subject to a 29.3 criminal penalty for failure to file a statement. An individual 29.4 who knowingly fails to file the statement within seven days 29.5 after receiving a second notice from the board is guilty of a 29.6 misdemeanor. 29.7 Subd. 15. [THIRD-PARTY REIMBURSEMENT.] An individual or 29.8 association filing a report disclosing an expenditure or 29.9 noncampaign disbursement that must be reported and itemized 29.10 under subdivision 3, paragraph (g) or (l), that is a 29.11 reimbursement to a third party must report the purpose of each 29.12 expenditure or disbursement for which the third party is being 29.13 reimbursed. An expenditure or disbursement is a reimbursement 29.14 to a third party if it is for goods or services that were not 29.15 directly provided by the individual or association to whom the 29.16 expenditure or disbursement is made. Third-party reimbursements 29.17 include payments to credit card companies and reimbursement of 29.18 individuals for expenses they have incurred. 29.19 Subd. 16. [REPORTS BY SOLICITORS.] An individual or 29.20 association, other than a candidate or the members of a 29.21 candidate's principal campaign committee, that directly solicits 29.22 and causes others to make contributions to candidates or a party 29.23 unit in a house of the legislature, that aggregate more than 29.24 $5,000 between January 1 of a general election year and the end 29.25 of the reporting period must file with the board a report 29.26 disclosing the amount of each contribution, the names of the 29.27 contributors, and to whom the contributions were given. The 29.28 report must be filed 15 days before a primary and ten days 29.29 before a general election. The report for each calendar year 29.30 must be filed with the board by January 31 of the following year. 29.31 Subd. 17. [ISSUE ADVERTISEMENT.] (a) As used in this 29.32 subdivision, "issue advertisement" means a communication through 29.33 a broadcasting station, newspaper, magazine, outdoor advertising 29.34 facility, mailing, or any other type of general public political 29.35 advertising that meets the following criteria: 29.36 (1) its purchase is not an independent expenditure or a 30.1 contribution; 30.2 (2) it costs, in the aggregate, $500 or more in a statewide 30.3 election or $100 or more in a legislative district election; 30.4 (3) it contains the name or likeness of a candidate; 30.5 (4) it is communicated in a general election year before 30.6 the general election; and 30.7 (5) it recommends a position on a political issue. 30.8 (b) An individual or association that makes or becomes 30.9 obligated to make an expenditure to purchase an issue 30.10 advertisement must file with the board no later than one month 30.11 after making or becoming obligated to make the expenditure a 30.12 report disclosing the amount of the expenditure, the name and 30.13 address of the individual or association making the expenditure, 30.14 and a description of the content of the issue advertisement, 30.15 including a copy of any printed advertisement or a transcript of 30.16 any broadcast advertisement. 30.17 Sec. 24. [10B.13] [CONTRIBUTION LIMITS.] 30.18 Subdivision 1. [CONTRIBUTION LIMITS.] (a) Except as 30.19 provided in paragraph (b) and in subdivision 2, a candidate must 30.20 not permit the candidate's principal campaign committee to 30.21 accept aggregate contributions made or delivered by any 30.22 individual or association in excess of the following: 30.23 (1) to candidates for governor and lieutenant governor 30.24 running together, $2,000 in an election cycle; 30.25 (2) to a candidate for attorney general, $1,000 in an 30.26 election cycle; 30.27 (3) to a candidate for the office of secretary of state or 30.28 state auditor, $500 in an election cycle; 30.29 (4) to a candidate for state senator, $500 in an election 30.30 cycle; and 30.31 (5) to a candidate for state representative, $500 in an 30.32 election cycle. 30.33 (b) A candidate who accepts a public subsidy must not 30.34 permit the candidate's principal campaign committee to accept 30.35 aggregate contributions made or delivered by any individual in 30.36 excess of $55 in an election cycle or by an association in 31.1 excess of $50 in an election cycle. 31.2 (c) The following deliveries are not subject to the 31.3 bundling limitation in this subdivision: 31.4 (1) delivery of contributions collected by a member of the 31.5 candidate's principal campaign committee registered with the 31.6 board to accept contributions on behalf of the committee; and 31.7 (2) a delivery made by an individual on behalf of the 31.8 individual's spouse. 31.9 Subd. 2. [POLITICAL PARTY LIMIT.] A candidate must not 31.10 permit the candidate's principal campaign committee to accept 31.11 contributions from any political party units in aggregate in 31.12 excess of ten times the amount that may be contributed to that 31.13 candidate under subdivision 1. A candidate must not permit the 31.14 candidate's principal campaign committee to accept contributions 31.15 from any political party unit that has issued an official refund 31.16 receipt form under section 10B.16 during that election cycle. A 31.17 participating candidate must not permit the candidate's 31.18 principal campaign committee to accept contributions from any 31.19 political party unit. 31.20 Subd. 3. [EXCESS LOANS PROHIBITED.] A candidate must not 31.21 permit the candidate's principal campaign committee to accept a 31.22 loan from other than a financial institution for an amount in 31.23 excess of the contribution limits imposed by this section. A 31.24 candidate must not permit the candidate's principal campaign 31.25 committee to accept a loan from a financial institution for 31.26 which the financial institution may hold an endorser of the loan 31.27 liable to pay an amount in excess of the amount that the 31.28 endorser may contribute to that candidate. 31.29 Subd. 4. [CONTRIBUTIONS TO AND FROM OTHER CANDIDATES.] (a) 31.30 A candidate or the treasurer of a candidate's principal campaign 31.31 committee must not accept a contribution from another 31.32 candidate's principal campaign committee or from any other 31.33 committee bearing the contributing candidate's name or title or 31.34 otherwise authorized by the contributing candidate. A 31.35 candidate's principal campaign committee must not make a 31.36 contribution to another candidate's principal campaign committee. 32.1 (b) A candidate's principal campaign committee must not 32.2 accept a contribution from, or make a contribution to, a 32.3 committee associated with a person who seeks nomination or 32.4 election to the office of president, senator, or representative 32.5 in Congress of the United States. 32.6 (c) A candidate or the treasurer of a candidate's principal 32.7 campaign committee must not accept a contribution from a 32.8 candidate for political subdivision office in any state, unless 32.9 the contribution is from the personal funds of the candidate for 32.10 political subdivision office. A candidate or the treasurer of a 32.11 candidate's principal campaign committee must not make a 32.12 contribution from the principal campaign committee to a 32.13 candidate for political subdivision office in any state. 32.14 Subd. 5. [LIMITED PERSONAL CONTRIBUTIONS.] A candidate who 32.15 accepts a public subsidy may not contribute to the candidate's 32.16 own campaign during a year more than $55 in an election cycle. 32.17 Subd. 6. [CONTRIBUTIONS FROM CERTAIN TYPES OF 32.18 CONTRIBUTORS.] A candidate must not permit the candidate's 32.19 principal campaign committee to accept a contribution from a 32.20 political committee, political fund, lobbyist, or large 32.21 contributor, if the contribution will cause the aggregate 32.22 contributions from those types of contributors to exceed an 32.23 amount equal to 20 percent of the expenditure limits for the 32.24 office sought by the candidate. For purposes of this 32.25 subdivision, "large contributor" means an individual, other than 32.26 the candidate, who contributes an amount that is more than $100 32.27 and more than one-half the amount an individual may contribute. 32.28 Subd. 7. [UNREGISTERED ASSOCIATION LIMIT; STATEMENT; 32.29 PENALTY.] (a) The treasurer of a political committee, political 32.30 fund, principal campaign committee, or party unit must not 32.31 accept a contribution of more than $100 from an association not 32.32 registered under this chapter unless the contribution is 32.33 accompanied by a written statement that meets the disclosure and 32.34 reporting period requirements imposed by section 10B.12. This 32.35 statement must be certified as true and correct by an officer of 32.36 the contributing association. The committee, fund, or party 33.1 unit that accepts the contribution must include a copy of the 33.2 statement with the report that discloses the contribution to the 33.3 board. 33.4 (b) An unregistered association may provide the written 33.5 statement required by this subdivision to no more than three 33.6 committees, funds, or party units in a calendar year. Each 33.7 statement must cover at least the 30 days immediately preceding 33.8 and including the date on which the contribution was made. An 33.9 unregistered association or an officer of it is subject to a 33.10 civil penalty up to $1,000 if the association or its officer: 33.11 (1) fails to provide a written statement as required by 33.12 this subdivision; or 33.13 (2) fails to register after giving the written statement 33.14 required by this subdivision to more than three committees, 33.15 funds, or party units in a calendar year. 33.16 An officer of an association who violates this paragraph is 33.17 guilty of a misdemeanor. 33.18 Subd. 8. [CONTRIBUTIONS TO OTHER POLITICAL COMMITTEES OR 33.19 FUNDS.] (a) The treasurer of a political committee or political 33.20 fund must not permit the political committee or political fund 33.21 to accept aggregate contributions from an individual in an 33.22 amount more than $500 in an election cycle or from another 33.23 political committee or political fund in any amount. 33.24 (b) The treasurer of a political party unit must not permit 33.25 the political party unit to accept aggregate contributions from 33.26 an individual or association in an amount more than $1,000 in an 33.27 election cycle. 33.28 (c) An individual may not contribute more than $7,500 in 33.29 aggregate contributions for any purpose to all candidates, 33.30 political committees, political funds, and party units in an 33.31 election cycle. 33.32 Subd. 9. [TRANSFERS BETWEEN PARTY UNITS PROHIBITED.] A 33.33 political party unit may not make a transfer to or accept a 33.34 transfer from another political party unit in this state or in 33.35 any other state or nation. A political party unit may not make 33.36 a transfer to or accept a transfer from its national party 34.1 organization. 34.2 Sec. 25. [10B.14] [CONTRIBUTIONS AND SOLICITATIONS DURING 34.3 LEGISLATIVE SESSION.] 34.4 Subdivision 1. [CONTRIBUTIONS DURING LEGISLATIVE SESSION.] 34.5 A candidate for the legislature or for constitutional office, 34.6 the candidate's principal campaign committee, or a political 34.7 committee or party unit established by all or a part of the 34.8 party organization within a house of the legislature, must not 34.9 solicit or accept a contribution from a registered lobbyist, 34.10 political committee, or political fund, or from a party unit 34.11 established by the party organization within a house of the 34.12 legislature, during a regular session of the legislature. 34.13 Subd. 2. [PARTY UNIT SOLICITATIONS.] A political party 34.14 unit must not solicit or receive at an event hosted by a 34.15 candidate for the legislature or by a candidate for 34.16 constitutional office a contribution from a lobbyist, political 34.17 committee, political fund, or party unit during a regular 34.18 session of the legislature. 34.19 Subd. 3. [DEFINITION.] For purposes of this section, 34.20 "regular session" does not include a special session or the 34.21 interim between the two annual sessions of a biennium. 34.22 Subd. 4. [CIVIL PENALTY.] A candidate, political 34.23 committee, or party unit that violates this section is subject 34.24 to a civil fine of up to $500. If the board makes a public 34.25 finding that there is probable cause to believe a violation of 34.26 this section has occurred, the board must bring an action, or 34.27 transmit the finding to a county attorney who must bring an 34.28 action, in the district court of Ramsey county, to collect a 34.29 civil fine as imposed by the board. Fines paid under this 34.30 section must be deposited in the general fund in the state 34.31 treasury. 34.32 Subd. 5. [SPECIAL ELECTION.] This section does not apply 34.33 to a candidate or a candidate's principal campaign committee in 34.34 a legislative special election during the period beginning when 34.35 the person becomes a candidate in the special election and 34.36 ending on the day of the special election. 35.1 Sec. 26. [10B.15] [CIRCUMVENTION PROHIBITED.] 35.2 Any attempt by an individual or association to circumvent 35.3 this chapter by redirecting a contribution through, or making a 35.4 contribution on behalf of, another individual or association is 35.5 a gross misdemeanor. 35.6 Sec. 27. [10B.16] [POLITICAL CONTRIBUTION REFUND.] 35.7 Subdivision 1. [CLAIM; RECEIPT FORM.] A taxpayer may claim 35.8 a refund equal to the amount of the taxpayer's contributions 35.9 made in the calendar year to candidates and to a political 35.10 party, except that a taxpayer may not claim a refund for a 35.11 qualifying contribution under section 10B.21. The refund for an 35.12 individual must not exceed $50 and for a married couple, filing 35.13 jointly, must not exceed $100. A refund of a contribution is 35.14 allowed only if the taxpayer files a form required by the 35.15 commissioner of revenue and attaches to the form a copy of an 35.16 official refund receipt form issued by the candidate or party 35.17 and signed by the candidate, the treasurer of the candidate's 35.18 principal campaign committee, or the party chair, after the 35.19 contribution was received. The receipt forms must be numbered, 35.20 and the data on the receipt that are not public must be made 35.21 available to the campaign finance and public disclosure board 35.22 upon its request. A claim must be filed with the commissioner 35.23 of revenue no sooner than January 1 of the calendar year in 35.24 which the contribution was made and no later than April 15 of 35.25 the calendar year following the calendar year in which the 35.26 contribution was made. A taxpayer may file only one claim per 35.27 calendar year. Amounts paid by the commissioner after June 15 35.28 of the calendar year following the calendar year in which the 35.29 contribution was made must include interest at the rate 35.30 specified in section 270.76. 35.31 Subd. 2. [CANDIDATE ELIGIBILITY.] No refund is allowed 35.32 under this subdivision for a contribution to a candidate unless 35.33 the candidate: 35.34 (1) has signed an agreement to limit campaign expenditures 35.35 as provided in section 10B.20; 35.36 (2) is seeking an office for which voluntary spending 36.1 limits are specified in section 10B.17; and 36.2 (3) has designated a principal campaign committee. 36.3 This subdivision does not limit the campaign expenditures 36.4 of a candidate who does not sign an agreement but accepts a 36.5 contribution for which the contributor improperly claims a 36.6 refund. 36.7 Subd. 3. [POLITICAL PARTY ELIGIBILITY.] For purposes of 36.8 this subdivision, "political party" means a major political 36.9 party as defined in section 200.02, subdivision 7, or a minor 36.10 political party as defined in section 200.02, subdivision 23, 36.11 that satisfies the following conditions, as certified by the 36.12 secretary of state to the commissioner of revenue and the 36.13 campaign finance and public disclosure board by July 1 of the 36.14 taxable year: 36.15 (1) in the last general election, the party ran a candidate 36.16 for the office of governor, secretary of state, state auditor, 36.17 or attorney general who received votes in each county that in 36.18 the aggregate total at least one percent of the total number of 36.19 individuals who voted in the election; 36.20 (2) it is a political party, not a principal campaign 36.21 committee; 36.22 (3) it has held a state convention in the last two years 36.23 and an officer of the party has filed with the secretary of 36.24 state a certification to that effect; 36.25 (4) it has agreed not to make contributions to or campaign 36.26 expenditures on behalf of any candidate; and 36.27 (5) it has agreed not to make independent expenditures. 36.28 A "major party" or "minor party" includes the aggregate of 36.29 that party's organization within each house of the legislature, 36.30 the state party organization, and the party organization within 36.31 congressional districts, counties, and legislative districts. 36.32 "Candidate" means a candidate as defined in section 10B.01, 36.33 subdivision 8, except a candidate for judicial office. 36.34 "Contribution" means a gift of money. 36.35 Subd. 4. [COPIES OF FORM.] The commissioner shall make 36.36 copies of the form available to the public and candidates upon 37.1 request. 37.2 Subd. 5. [DATA PRIVACY.] The following data collected or 37.3 maintained by the commissioner under this subdivision are 37.4 private: the identities of individuals claiming a refund, the 37.5 identities of candidates to whom those individuals have made 37.6 contributions, and the amount of each contribution. 37.7 Subd. 6. [REPORT.] The commissioner shall report to the 37.8 campaign finance and public disclosure board by each August 1 a 37.9 summary showing the total number and aggregate amount of 37.10 political contribution refunds made on behalf of each candidate 37.11 and each political party. These data are public. 37.12 Subd. 7. [APPROPRIATION.] The amount necessary to pay 37.13 claims for the refund provided in this section is appropriated 37.14 from the general fund to the commissioner of revenue. 37.15 Sec. 28. [10B.17] [SPENDING LIMITS.] 37.16 Subdivision 1. [LIMITS ARE VOLUNTARY.] The expenditure 37.17 limits imposed by this section apply only to a candidate who has 37.18 signed an agreement under section 10B.20 to be bound by them as 37.19 a condition of receiving a public subsidy for the candidate's 37.20 campaign. 37.21 Subd. 2. [AMOUNTS.] (a) Except as provided in paragraphs 37.22 (c) and (e), the principal campaign committee of a candidate 37.23 must not make campaign expenditures nor permit approved 37.24 expenditures to be made on behalf of the candidate during an 37.25 election cycle that result in aggregate expenditures in excess 37.26 of the following: 37.27 (1) for governor and lieutenant governor, running together, 37.28 $2,000,000; 37.29 (2) for attorney general, $450,000; 37.30 (3) for secretary of state and state auditor, separately, 37.31 $220,000; 37.32 (4) for state senator, $50,000; and 37.33 (5) for state representative, $25,000. 37.34 (b) In addition to the amount in paragraph (a), clause (1), 37.35 a candidate for endorsement for the office of lieutenant 37.36 governor at the convention of a political party may make 38.1 campaign expenditures and approved expenditures of five percent 38.2 of that amount to seek endorsement. 38.3 (c) In addition to the amount in paragraph (a), the 38.4 principal campaign committee of a candidate may make 38.5 expenditures during an election cycle and before the candidate 38.6 files an affidavit of qualifying contributions under section 38.7 10B.21 in the following amounts: 38.8 (1) for governor and lieutenant governor, running together, 38.9 $7,500; 38.10 (2) for attorney general, $5,000; 38.11 (3) for secretary of state and state auditor, $5,000; 38.12 (4) for state senator, $300; and 38.13 (5) for state representative, $150. 38.14 A candidate may not make the additional expenditures 38.15 allowed by this paragraph unless the candidate's principal 38.16 campaign committee does not accept aggregate contributions made 38.17 or delivered by an individual who is less than 18 years of age 38.18 or in an amount greater than $55 in an election cycle or by an 38.19 association in an amount greater than $50 in an election cycle. 38.20 (d) If a special election cycle occurs during a general 38.21 election cycle, expenditures by or on behalf of a candidate in 38.22 the special election do not count as expenditures by or on 38.23 behalf of the candidate in the general election. 38.24 (e) The expenditure limits in this subdivision for an 38.25 office are increased by ten percent for a candidate who is 38.26 running for that office for the first time and who has not run 38.27 previously for any other office whose territory now includes a 38.28 population that is more than one-third of the population in the 38.29 territory of the new office. 38.30 Subd. 3. [AGGREGATED EXPENDITURES.] If a candidate makes 38.31 expenditures from more than one principal campaign committee for 38.32 nomination or election to statewide office in the same election 38.33 cycle, the amount of expenditures from all of the candidate's 38.34 principal campaign committees for statewide office for that 38.35 election cycle must be aggregated for purposes of applying the 38.36 limits on expenditures under subdivision 2. 39.1 Subd. 4. [GOVERNOR AND LIEUTENANT GOVERNOR A SINGLE 39.2 CANDIDATE.] For the purposes of this chapter, a candidate for 39.3 governor and a candidate for lieutenant governor, running 39.4 together, are considered a single candidate. Except as provided 39.5 in subdivision 2, paragraph (b), all expenditures made by or all 39.6 approved expenditures made on behalf of the candidate for 39.7 lieutenant governor are considered to be expenditures by or 39.8 approved expenditures on behalf of the candidate for governor. 39.9 Subd. 5. [EFFECT OF OPPONENT'S CONDUCT.] (a) A candidate 39.10 who has agreed to be bound by the expenditure limits imposed by 39.11 this section as a condition of receiving a public subsidy for 39.12 the candidate's campaign is released from the expenditure limits 39.13 but remains eligible to receive a public subsidy if the 39.14 candidate has an opponent who does not agree to be bound by the 39.15 limits and receives contributions or makes or becomes obligated 39.16 to make expenditures during that election cycle in excess of the 39.17 following limits: 39.18 (1) up to ten days before the primary election, receipts or 39.19 expenditures more than 40 percent of the expenditure limit for 39.20 that office as set forth in subdivision 2; or 39.21 (2) after ten days before the primary election, cumulative 39.22 receipts or expenditures during that election cycle more than 39.23 the expenditure limit for that office as set forth in 39.24 subdivision 2. 39.25 (b) A candidate who has not agreed to be bound by 39.26 expenditure limits, or the candidate's principal campaign 39.27 committee, must file written notice with the board and provide 39.28 written notice to any opponent of the candidate for the same 39.29 office within 24 hours of exceeding the limits in paragraph (a), 39.30 clause (2). The notice must state only that the candidate or 39.31 candidate's principal campaign committee has received 39.32 contributions or made or become obligated to make campaign 39.33 expenditures in excess of the limits in paragraph (a), clause 39.34 (2). Upon receipt of the notice, the candidate who had agreed 39.35 to be bound by the limits is no longer bound by the expenditure 39.36 limits. 40.1 Sec. 29. [10B.18] [ADJUSTMENT BY CONSUMER PRICE INDEX.] 40.2 Subdivision 1. [METHOD OF CALCULATION.] The dollar amounts 40.3 in section 10B.17, subdivision 2, must be adjusted for general 40.4 election years as provided in this section. Each general 40.5 election year, the executive director of the board must 40.6 determine the percentage increase in the Consumer Price Index 40.7 from December of the year preceding the last general election 40.8 year to December of the year preceding the year in which the 40.9 determination is made. The dollar amounts used for the 40.10 preceding general election year must be multiplied by that 40.11 percentage. The product of the calculation must be added to 40.12 each dollar amount to produce the dollar limitations to be in 40.13 effect for the next general election. The product must be 40.14 rounded up to the next highest $10 increment. The index used 40.15 must be the revised Consumer Price Index for all urban consumers 40.16 for the St. Paul-Minneapolis metropolitan area prepared by the 40.17 United States Department of Labor. 40.18 Subd. 2. [PUBLICATION OF EXPENDITURE LIMIT.] By April 1 of 40.19 each election year the board must publish in the State Register 40.20 the expenditure limit for each office for that calendar year 40.21 under section 10B.17 as adjusted by this section. The revisor 40.22 of statutes must code the adjusted amounts in the next edition 40.23 of Minnesota Statutes, section 10B.17, subdivision 2. 40.24 Sec. 30. [10B.19] [MULTICANDIDATE POLITICAL PARTY 40.25 EXPENDITURES.] 40.26 Subdivision 1. [EXCEPTIONS.] Notwithstanding other 40.27 provisions of this chapter, the following expenditures by a 40.28 party unit, or two or more party units acting together, with at 40.29 least one party unit being either: the state committee or the 40.30 party organization within a congressional district, county, or 40.31 legislative district, are not considered contributions to or 40.32 expenditures on behalf of a candidate for the purposes of 40.33 section 10B.13 or 10B.17 and must not be allocated to candidates 40.34 under section 10B.12, subdivision 3, paragraph (g): 40.35 (1) expenditures on behalf of candidates of that party 40.36 generally without referring to any of them specifically in a 41.1 published, posted, or broadcast advertisement; 41.2 (2) expenditures for the preparation, display, mailing, or 41.3 other distribution of an official party sample ballot listing 41.4 the names of three or more individuals whose names are to appear 41.5 on the ballot; 41.6 (3) expenditures for a telephone conversation including the 41.7 names of three or more individuals whose names are to appear on 41.8 the ballot; 41.9 (4) expenditures for a political party fundraising effort 41.10 on behalf of three or more candidates; or 41.11 (5) expenditures for party committee staff services that 41.12 benefit three or more candidates. 41.13 Sec. 31. [10B.20] [SPENDING LIMIT AGREEMENT.] 41.14 Subdivision 1. [AGREEMENT BY CANDIDATE.] (a) As a 41.15 condition of receiving a public subsidy, a candidate must sign 41.16 and file with the board a written agreement in which the 41.17 candidate agrees that the candidate will comply with sections 41.18 10B.13, subdivision 5; 10B.17; and 10B.25. 41.19 (b) Before the first day of filing for office, the board 41.20 must forward agreement forms to all filing officers. The board 41.21 must also provide agreement forms to candidates on request at 41.22 any time. The candidate must file the agreement with the board 41.23 not later than the day after the candidate files the affidavit 41.24 of candidacy for the office. An agreement may not be filed with 41.25 the board after that date. An agreement once filed may not be 41.26 rescinded. 41.27 (c) The board must notify the commissioner of revenue of 41.28 any agreement filed under this subdivision. 41.29 Subd. 2. [HOW LONG AGREEMENT IS EFFECTIVE.] The agreement, 41.30 insofar as it relates to the expenditure limits in section 41.31 10B.17, as adjusted by section 10B.18, and the contribution 41.32 limit in section 10B.13, subdivision 5, remains effective for 41.33 candidates until the dissolution of the principal campaign 41.34 committee of the candidate or the end of the first election 41.35 cycle completed after the agreement was filed, whichever occurs 41.36 first. 42.1 Subd. 3. [REFUND RECEIPT FORMS; PENALTY.] The board must 42.2 make available to a political party as defined in section 42.3 10B.16, on request and to any candidate for whom an agreement 42.4 under this section is effective, a supply of official refund 42.5 receipt forms that state in boldface type that (1) a contributor 42.6 who is given a receipt form is eligible to claim a refund as 42.7 provided in section 10B.16, and (2) if the contribution is to a 42.8 candidate, that the candidate has signed an agreement to limit 42.9 campaign expenditures as provided in this section. The forms 42.10 must provide duplicate copies of the receipt to be attached to 42.11 the contributor's claim. A candidate who does not sign an 42.12 agreement under this section and who willfully issues an 42.13 official refund receipt form or a facsimile of one to any of the 42.14 candidate's contributors is guilty of a misdemeanor. A 42.15 principal campaign committee or party unit must return to the 42.16 board with its termination report or destroy any official 42.17 receipt forms that have not been issued. 42.18 Sec. 32. [10B.21] [QUALIFYING CONTRIBUTIONS.] 42.19 In addition to the requirements of section 10B.20, to be 42.20 eligible to receive a public subsidy under section 10B.22, a 42.21 candidate or the candidate's treasurer must file an affidavit 42.22 with the board stating that during the 13 weeks before the 42.23 deadline for filing for office the candidate has accumulated 42.24 contributions of no more than $5 each from individuals who are 42.25 at least 18 years of age and are residents of this state and, in 42.26 the case of a legislative candidate, at least one-half are 42.27 residents of the candidate's legislative district, in the amount 42.28 indicated for the office sought: 42.29 (1) candidates for governor and lieutenant governor running 42.30 together, $12,500; 42.31 (2) candidates for attorney general, $5,000; 42.32 (3) candidates for secretary of state and state auditor, 42.33 separately, $3,750; 42.34 (4) candidates for the senate, $1,000; and 42.35 (5) candidates for the house of representatives, $500. 42.36 A candidate for statewide office must raise at least five 43.1 percent of the qualifying amount from residents of each 43.2 congressional district. 43.3 Each qualifying contribution must be acknowledged by a 43.4 receipt to the contributor, with a copy to be kept by the 43.5 candidate and a second copy to be filed with the board. The 43.6 receipt must be in a form specified by the board. It must state 43.7 that the contributor understands that the purpose of the 43.8 contribution is to help the candidate qualify for a public 43.9 subsidy. The receipt must include the contributor's printed 43.10 name, home address, and telephone number, and the name of the 43.11 candidate on whose behalf the contribution was made. The 43.12 receipt must be signed by the contributor. 43.13 The candidate or the candidate's treasurer must submit the 43.14 affidavit required by this section to the board in writing no 43.15 later than the day after the candidate files the affidavit of 43.16 candidacy for the office. 43.17 Along with the affidavit of contributions, the candidate 43.18 must file with the board a copy of a receipt signed by each 43.19 contributor and must pay to the board the amount of qualifying 43.20 contributions shown in the affidavit. The board must deposit 43.21 the contributions in the state treasury and credit them to the 43.22 general fund. 43.23 A candidate for a vacancy to be filled at a special 43.24 election for which the filing period does not coincide with the 43.25 filing period for the general election must submit the affidavit 43.26 required by this section to the board within five days after 43.27 filing the affidavit of candidacy. 43.28 Sec. 33. [10B.22] [PUBLIC SUBSIDY.] 43.29 Subdivision 1. [PAYMENT TO PARTICIPATING CANDIDATES.] Upon 43.30 determining that a candidate has met all the requirements for 43.31 receiving a public subsidy, the board must designate the 43.32 candidate as "participating." The board must pay each 43.33 participating candidate a public subsidy as provided in this 43.34 section. The payment must be in the form of a check made 43.35 "payable to the campaign fund of ...... (name of candidate) 43.36 ......." An amount sufficient to make the payment is 44.1 appropriated to the board from the general fund. 44.2 Subd. 2. [PAYMENT FOR PRIMARY ELECTION.] (a) At any time 44.3 after a candidate has been designated as participating and 44.4 before the close of filings for office, if a nonparticipating 44.5 opponent of the participating candidate reports to the board 44.6 spending more than ten percent of the participating candidate's 44.7 spending limit, the board must pay to the participating 44.8 candidate within one week after receiving the report a public 44.9 subsidy equal to the amount the nonparticipating candidate has 44.10 reported spending, up to 40 percent of the participating 44.11 candidate's spending limit. 44.12 (b) Within one week after the close of filings for office, 44.13 the board must pay a participating candidate who has an opponent 44.14 in a major party primary or an opponent who will appear on the 44.15 general election ballot by nominating petition a public subsidy 44.16 equal to 40 percent of the candidate's spending limit, less any 44.17 amount paid under paragraph (a). 44.18 (c) If a participating candidate does not have an opponent 44.19 in the primary and does not have an opponent who will appear on 44.20 the general election ballot by nominating petition, but another 44.21 candidate in a major party primary for the same office has an 44.22 opponent, the board must pay the candidate a public subsidy 44.23 equal to ten percent of the candidate's spending limit. 44.24 (d) If no candidate in a major party primary for an office 44.25 has an opponent and no candidate will appear on the general 44.26 election ballot by petition, no candidate for that office may be 44.27 paid a public subsidy before the primary. 44.28 Subd. 3. [PAYMENT FOR GENERAL ELECTION.] As soon as the 44.29 board has obtained from the secretary of state the results of 44.30 the primary election, but no later than one week after the state 44.31 canvassing board has certified the results of the primary, the 44.32 board must pay to each participating candidate whose name will 44.33 appear on the ballot in the general election a public subsidy 44.34 equal to 60 percent of the candidate's spending limit, except 44.35 that a candidate who has no opponent in the general election 44.36 must be paid a subsidy equal to six percent of the candidate's 45.1 spending limit. 45.2 Subd. 4. [PAYMENT TO MATCH EXCESS SPENDING.] Upon receipt 45.3 of a report of excess spending under section 10B.12, subdivision 45.4 9, the board must pay an additional public subsidy to any 45.5 participating opponent of the nonparticipating candidate. The 45.6 amount of the additional subsidy is equal to the amount spent by 45.7 the nonparticipating candidate in excess of the participating 45.8 candidate's original spending limit, but not more than an amount 45.9 equal to the participating candidate's original spending limit. 45.10 The spending limit of the participating candidate is increased 45.11 by the amount of the additional public subsidy. 45.12 Subd. 5. [PAYMENT TO MATCH INDEPENDENT EXPENDITURES.] (a) 45.13 Upon receipt of a notice of independent expenditures under 45.14 section 10B.12, subdivision 10, the board must pay an additional 45.15 public subsidy to a participating candidate as provided in this 45.16 subdivision. For purposes of this subdivision, before the 45.17 primary election, "opponent" includes the participating 45.18 candidates whose names are on the ballot for the primary of the 45.19 same major party or, if there are none, the participating 45.20 candidates whose names will be on the ballot for the general 45.21 election. 45.22 (b) If the independent expenditure advocates the defeat of 45.23 a participating candidate, the board must pay a subsidy to the 45.24 participating candidate equal to the independent expenditure. 45.25 (c) If the independent expenditure advocates the election 45.26 of a participating candidate, the board must pay a subsidy to 45.27 each participating opponent of the candidate equal to the 45.28 independent expenditure. 45.29 (d) If the independent expenditure advocates the election 45.30 of a nonparticipating candidate, the board must pay a subsidy to 45.31 each participating opponent of the candidate equal to the 45.32 independent expenditure. 45.33 (e) The additional subsidy paid under this subdivision may 45.34 not exceed an amount equal to the participating candidate's 45.35 original spending limit. The spending limit of the 45.36 participating candidate is increased by the amount of the 46.1 additional public subsidy. 46.2 Subd. 6. [PAYMENT FOR SPECIAL ELECTION.] Each 46.3 participating candidate for a legislative office in a special 46.4 election must be paid a public subsidy equal to the public 46.5 subsidy paid to a candidate for the same office at the last 46.6 general election. 46.7 Sec. 34. [10B.23] [RETURN OF PUBLIC SUBSIDY.] 46.8 Subdivision 1. [WHEN RETURN REQUIRED.] A candidate must 46.9 return all or a portion of the public subsidy received under 46.10 section 10B.22 under the circumstances in this section or 46.11 section 10B.24, subdivision 1. 46.12 To the extent that the amount of public subsidy received 46.13 exceeds the aggregate of: (1) actual expenditures made by the 46.14 principal campaign committee of the candidate; and (2) approved 46.15 expenditures made on behalf of the candidate, the treasurer of 46.16 the candidate's principal campaign committee must return an 46.17 amount equal to the difference to the board. The cost of 46.18 postage that was not used during an election cycle and payments 46.19 that created credit balances at vendors at the close of an 46.20 election cycle are not considered expenditures for purposes of 46.21 determining the amount to be returned. Expenditures in excess 46.22 of the candidate's spending limit do not count in determining 46.23 aggregate expenditures under this paragraph. 46.24 Subd. 2. [HOW RETURN DETERMINED.] Whether or not a 46.25 candidate is required under subdivision 1 to return all or a 46.26 portion of the public subsidy must be determined from the report 46.27 required to be filed with the board by that candidate by January 46.28 31 of the year following an election. An amount required to be 46.29 returned must be submitted in the form of a check or money order 46.30 and must accompany the report filed with the board. The board 46.31 must deposit the check or money order in the state treasury for 46.32 credit to the general fund. The amount returned must not exceed 46.33 the amount of public subsidy received by the candidate. 46.34 Sec. 35. [10B.24] [CARRYFORWARD.] 46.35 Subdivision 1. [UNUSED FUNDS.] After all campaign 46.36 expenditures and noncampaign disbursements for an election cycle 47.1 have been made, an amount up to 50 percent of the election year 47.2 expenditure limit for the office may be carried forward. Any 47.3 remaining amount up to the total amount of the public subsidy 47.4 received under section 10B.22 must be returned to the state 47.5 treasury for credit to the general fund under section 10B.23. 47.6 Any remaining amount in excess of the total public subsidy must 47.7 be contributed to the general fund or a political party for 47.8 multicandidate expenditures as defined in section 10B.19. 47.9 Subd. 2. [UNUSED POSTAGE AND CREDIT BALANCES CARRIED 47.10 FORWARD.] Postage that is purchased but not used during an 47.11 election cycle and credit balances at vendors that exceed a 47.12 combined total of $500 must be carried forward and counted as 47.13 expenditures during the election cycle during which they are 47.14 used. 47.15 Sec. 36. [10B.25] [PENALTY FOR EXCEEDING LIMITS.] 47.16 Subdivision 1. [EXCEEDING CONTRIBUTION LIMITS.] A 47.17 candidate who permits the candidate's principal campaign 47.18 committee to accept contributions in excess of the limits 47.19 imposed by section 10B.13 is subject to a civil fine of up to 47.20 four times the amount by which the contribution exceeded the 47.21 limits. 47.22 Subd. 2. [EXCEEDING EXPENDITURE LIMITS.] A candidate 47.23 subject to the expenditure limits in section 10B.17 who permits 47.24 the candidate's principal campaign committee to make 47.25 expenditures or permits approved expenditures to be made on the 47.26 candidate's behalf in excess of the limits imposed by section 47.27 10B.17, as adjusted by section 10B.18, is subject to a civil 47.28 fine up to four times the amount by which the expenditures 47.29 exceeded the limit. 47.30 Subd. 3. [CONCILIATION AGREEMENT.] If the board finds that 47.31 there is reason to believe that excess expenditures have been 47.32 made or excess contributions accepted contrary to subdivision 1 47.33 or 2, the board must make every effort for a period of at least 47.34 14 days after its finding to correct the matter by informal 47.35 methods of conference and conciliation and to enter a 47.36 conciliation agreement with the person involved. A conciliation 48.1 agreement under this subdivision is a matter of public record. 48.2 Unless violated, a conciliation agreement is a bar to any civil 48.3 proceeding under subdivision 4. 48.4 Subd. 4. [CIVIL ACTION.] If the board is unable after a 48.5 reasonable time to correct by informal methods a matter that 48.6 constitutes probable cause to believe that excess expenditures 48.7 have been made or excess contributions accepted contrary to 48.8 subdivision 1 or 2, the board must make a public finding of 48.9 probable cause in the matter. After making a public finding, 48.10 the board must bring an action, or transmit the finding to a 48.11 county attorney who must bring an action, in the district court 48.12 of Ramsey county or, in the case of a legislative candidate, the 48.13 district court of a county within the legislative district, to 48.14 collect a civil fine as imposed by the board under subdivision 1 48.15 or 2. All money recovered under this section must be deposited 48.16 in the general fund of the state. 48.17 Sec. 37. [10B.26] [DISSOLUTION OF INACTIVE COMMITTEES AND 48.18 FUNDS.] 48.19 Subdivision 1. [DISSOLUTION REQUIRED.] A political 48.20 committee, political fund, or principal campaign committee must 48.21 be dissolved within 60 days after receiving notice from the 48.22 board that the committee or fund has become inactive. The 48.23 assets of the committee or fund must be spent for the purposes 48.24 authorized by section 211B.12 and other applicable law or 48.25 liquidated and deposited in the general fund within 60 days 48.26 after the board notifies the committee or fund that it has 48.27 become inactive. 48.28 Subd. 2. [INACTIVITY DEFINED.] (a) A principal campaign 48.29 committee becomes inactive on the later of the following dates: 48.30 (1) when six years have elapsed since the last election in 48.31 which the person was a candidate for the office sought or held 48.32 at the time the principal campaign committee registered with the 48.33 board; or 48.34 (2) when six years have elapsed since the last day on which 48.35 the individual for whom it exists served in an elective office 48.36 subject to this chapter. 49.1 (b) A political committee or fund becomes inactive when two 49.2 years have elapsed since the end of a reporting period during 49.3 which the political committee or fund made an expenditure or 49.4 disbursement requiring disclosure under this chapter. 49.5 Subd. 3. [REMAINING DEBTS.] If a committee or fund becomes 49.6 inactive when it still has unpaid debts, the committee or fund 49.7 must liquidate available assets to pay the debts. If 49.8 insufficient assets exist to pay the debts, the board may set up 49.9 a payment schedule and allow the committee or fund to defer 49.10 dissolution until all debts are paid. This section does not 49.11 extinguish debts incurred by the committee or fund. 49.12 Sec. 38. [10B.27] [DISSOLUTION OR TERMINATION.] 49.13 Subdivision 1. [TERMINATION REPORT.] A political 49.14 committee, political fund, principal campaign committee, or 49.15 party unit may not dissolve until it has settled all of its 49.16 debts and disposed of all its assets in excess of $100 and filed 49.17 a termination report. "Assets" include credit balances at 49.18 vendors and physical assets such as computers and postage 49.19 stamps. Physical assets must be listed at their fair market 49.20 value. The termination report may be made at any time and must 49.21 include all information required in periodic reports. 49.22 Subd. 2. [TERMINATION ALLOWED.] Notwithstanding 49.23 subdivision 1, a committee, fund, or party unit that has debts 49.24 incurred more than six years previously, has disposed of all its 49.25 assets, and has met the requirements of section 10B.12, 49.26 subdivision 11, may notify any remaining creditors by certified 49.27 mail and then file a termination report. 49.28 Sec. 39. [10B.28] [TRANSFER OF DEBTS.] 49.29 Notwithstanding section 10B.27, a candidate may terminate 49.30 the candidate's principal campaign committee for one state 49.31 office by transferring any debts of that committee to the 49.32 candidate's principal campaign committee for another state 49.33 office if all outstanding unpaid bills or loans from the 49.34 committee being terminated are assumed and continuously reported 49.35 by the committee to which the transfer is being made until paid 49.36 or forgiven. A loan that is forgiven is covered by section 50.1 10B.12 and, for purposes of section 10B.23, is a contribution to 50.2 the principal campaign committee from which the debt was 50.3 transferred under this section. 50.4 Sec. 40. Minnesota Statutes 1998, section 204B.11, is 50.5 amended to read: 50.6 204B.11 [CANDIDATES; FILING FEES; PETITION IN PLACE OF 50.7 FILING FEE.] 50.8 Subdivision 1. [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 50.9 Except as provided by subdivision 2, a filing fee shall be paid 50.10 by each candidate who files an affidavit of candidacy. The fee 50.11 shall be paid at the time the affidavit is filed. The amount of 50.12 the filing fee shall vary with the office sought as follows: 50.13 (a) for the office ofgovernor, lieutenant governor,50.14attorney general, state auditor, state treasurer, secretary of50.15state,representative in Congress, judge of the supreme court, 50.16 judge of the court of appeals, or judge of the district court, 50.17 $300; 50.18 (b) for the office of senator in Congress, $400; 50.19 (c)for office of senator or representative in the50.20legislature, $100;50.21(d)for a county office, $50; and 50.22(e)(d) for the office of soil and water conservation 50.23 district supervisor, $20. 50.24 For the office of presidential elector, governor, 50.25 lieutenant governor, attorney general, state auditor, secretary 50.26 of state, or senator or representative in the legislature, and 50.27 for those offices for which no compensation is provided, no 50.28 filing fee is required. 50.29 The filing fees received by the county auditor shall 50.30 immediately be paid to the county treasurer. The filing fees 50.31 received by the secretary of state shall immediately be paid to 50.32 the state treasurer. 50.33 When an affidavit of candidacy has been filed with the 50.34 appropriate filing officer and the requisite filing fee has been 50.35 paid, the filing fee shall not be refunded. If a candidate's 50.36 filing fee is paid with a check, draft, or similar negotiable 51.1 instrument for which sufficient funds are not available or that 51.2 is dishonored, notice to the candidate of the worthless 51.3 instrument must be sent by the filing officer via registered 51.4 mail no later than immediately upon the closing of the filing 51.5 deadline with return receipt requested. The candidate will have 51.6 five days from the time the filing officer receives proof of 51.7 receipt to issue a check or other instrument for which 51.8 sufficient funds are available. The candidate issuing the 51.9 worthless instrument is liable for a service charge pursuant to 51.10 section 332.50. If adequate payment is not made, the name of 51.11 the candidate must not appear on any official ballot and the 51.12 candidate is liable for all costs incurred by election officials 51.13 in removing the name from the ballot. 51.14 Subd. 2. [PETITION IN PLACE OF FILING FEE.] At the time of 51.15 filing an affidavit of candidacy, a candidate may present a 51.16 petition in place of the filing fee. A candidate for the office 51.17 of governor, lieutenant governor, attorney general, state 51.18 auditor, secretary of state, or senator or representative in the 51.19 legislature who has not been designated a participating 51.20 candidate by the campaign finance and public disclosure board 51.21 under section 10B.23 must present a petition in place of a 51.22 filing fee. The petition may be signed by any individual 51.23 eligible to vote for the candidate. A nominating petition filed 51.24 pursuant to section 204B.07 or 204B.13, subdivision 4, is 51.25 effective as a petition in place of a filing fee if the 51.26 nominating petition includes a prominent statement informing the 51.27 signers of the petition that it will be used for that purpose. 51.28 The number of signatures on a petition in place of a filing 51.29 fee shall be as follows: 51.30 (a) for governor and lieutenant governor, 7,500; 51.31 (b) for attorney general, 3,000; 51.32 (c) for state auditor or secretary of state, 2,250; 51.33 (d) for a state judicial office voted on statewide, or for 51.34 president of the United States, or United States senator, 2,000; 51.35(b)(e) for a congressional office, 1,000; 51.36 (f) for state senator, 600; 52.1 (g) for state representative, 300; 52.2(c)(h) for a countyor legislativeoffice, or for the 52.3 office of district judge, 500; and 52.4(d)(i) for any other office which requires a filing fee as 52.5 prescribed by law, municipal charter, or ordinance, the lesser 52.6 of 500 signatures or five percent of the total number of votes 52.7 cast in the municipality, ward, or other election district at 52.8 the preceding general election at which that office was on the 52.9 ballot. 52.10 An official with whom petitions are filed shall make sample 52.11 forms for petitions in place of filing fees available upon 52.12 request. 52.13 Sec. 41. Minnesota Statutes 1998, section 211A.13, is 52.14 amended to read: 52.15 211A.13 [PROHIBITED TRANSFERS.] 52.16 A candidate for political subdivision office must not 52.17 accept contributions from the principal campaign committee of a 52.18 candidate as defined in section10A.01, subdivision 510B.01, 52.19 subdivision 8. A candidate for political subdivision office 52.20 must not make contributions to a principal campaign committee, 52.21 unless the contribution is made from the personal funds of the 52.22 candidate for political subdivision office. 52.23 Sec. 42. Minnesota Statutes 1998, section 211B.12, is 52.24 amended to read: 52.25 211B.12 [LEGAL EXPENDITURES.] 52.26 Use of money collected for political purposes is prohibited 52.27 unless the use is reasonably related to the conduct of election 52.28 campaigns, or is a noncampaign disbursement as defined in 52.29 section10A.01, subdivision 10c10B.01, subdivision 20. The 52.30 following are permitted expenditures when made for political 52.31 purposes: 52.32 (1) salaries, wages, and fees; 52.33 (2) communications, mailing, transportation, and travel; 52.34 (3) campaign advertising; 52.35 (4) printing; 52.36 (5) office and other space and necessary equipment, 53.1 furnishings, and incidental supplies; 53.2 (6) charitable contributions of not more than $50 to any 53.3 charity annually; and 53.4 (7) other expenses, not included in clauses (1) to (6), 53.5 that are reasonably related to the conduct of election campaigns. 53.6 In addition, expenditures made for the purpose of providing 53.7 information to constituents, whether or not related to the 53.8 conduct of an election, are permitted expenses. Money collected 53.9 for political purposes and assets of a political committee or 53.10 political fund may not be converted to personal use. 53.11 Sec. 43. Minnesota Statutes 1998, section 211B.15, 53.12 subdivision 16, is amended to read: 53.13 Subd. 16. [EMPLOYEE POLITICAL FUND SOLICITATION.] Any 53.14 solicitation of political contributions by an employee must be 53.15 in writing, informational and nonpartisan in nature, and not 53.16 promotional for any particular candidate or group of 53.17 candidates. The solicitation must consist only of a general 53.18 request on behalf ofan independent political committee (a 53.19 conduit fund), as defined in section 10B.01, subdivision 9, and 53.20 must state that there is no minimum contribution, that a 53.21 contribution or lack thereof will in no way impact the 53.22 employee's employment, that the employee must direct the 53.23 contribution to candidates of the employee's choice, and that 53.24 any response by the employee shall remain confidential and shall 53.25 not be directed to the employee's supervisors or managers. 53.26 Questions from an employee regarding a solicitation may be 53.27 answered orally or in writing consistent with the above 53.28 requirements. Nothing in this subdivision authorizes a 53.29 corporate donation of an employee's time prohibited under 53.30 subdivision 2. 53.31 Sec. 44. [211B.22] [PARTICIPATING CANDIDATE CAMPAIGN 53.32 MATERIAL.] 53.33 A candidate may not claim in any campaign material or 53.34 communication to be a "participating candidate" unless the 53.35 candidate has been designated a participating candidate by the 53.36 campaign finance and public disclosure board under section 54.1 10B.22 for participating in the public subsidy program. 54.2 Sec. 45. [211B.23] [VIOLATION OF CAMPAIGN FINANCE LAW.] 54.3 A candidate who commits a violation of the campaign 54.4 contribution limits in section 10B.13 or the campaign spending 54.5 limits in section 10B.17 that is deliberate and serious but not 54.6 material to the outcome of the election is guilty of a gross 54.7 misdemeanor. A candidate who commits a violation of the 54.8 campaign contribution limits in section 10B.13 or the campaign 54.9 spending limit in section 10B.17 that is deliberate, serious, 54.10 and material to the outcome of the election is guilty of a 54.11 felony. 54.12 Sec. 46. Minnesota Statutes 1998, section 340A.404, 54.13 subdivision 10, is amended to read: 54.14 Subd. 10. [TEMPORARY ON-SALE LICENSES.] The governing body 54.15 of a municipality may issue to (1) a club or charitable, 54.16 religious, or other nonprofit organization in existence for at 54.17 least three years, (2) a political committee registered under 54.18 section10A.1410B.07, or (3) a state university, a temporary 54.19 license for the on-sale of intoxicating liquor in connection 54.20 with a social event within the municipality sponsored by the 54.21 licensee. The license may authorize the on-sale of intoxicating 54.22 liquor for not more than four consecutive days, and may 54.23 authorize on-sales on premises other than premises the licensee 54.24 owns or permanently occupies. The license may provide that the 54.25 licensee may contract for intoxicating liquor catering services 54.26 with the holder of a full-year on-sale intoxicating liquor 54.27 license issued by any municipality. The licenses are subject to 54.28 the terms, including a license fee, imposed by the issuing 54.29 municipality. Licenses issued under this subdivision are 54.30 subject to all laws and ordinances governing the sale of 54.31 intoxicating liquor except sections 340A.409 and 340A.504, 54.32 subdivision 3, paragraph (d), and those laws and ordinances 54.33 which by their nature are not applicable. Licenses under this 54.34 subdivision are not valid unless first approved by the 54.35 commissioner of public safety. 54.36 A county under this section may issue a temporary license 55.1 only to a premises located in the unincorporated or unorganized 55.2 territory of the county. 55.3 Sec. 47. Minnesota Statutes 1998, section 353.03, 55.4 subdivision 1, is amended to read: 55.5 Subdivision 1. [MANAGEMENT; COMPOSITION; ELECTION.] The 55.6 management of the public employees retirement fund is vested in 55.7 an 11-member board of trustees consisting of ten members and the 55.8 state auditor who may designate a deputy auditor with expertise 55.9 in pension matters as the auditor's representative on the 55.10 board. The governor shall appoint five trustees to four-year 55.11 terms, one of whom shall be designated to represent school 55.12 boards, one to represent cities, one to represent counties, one 55.13 who is a retired annuitant, and one who is a public member 55.14 knowledgeable in pension matters. The membership of the 55.15 association, including recipients of retirement annuities and 55.16 disability and survivor benefits, shall elect five trustees, one 55.17 of whom must be a member of the police and fire fund and one of 55.18 whom must be a former member who met the definition of public 55.19 employee under section 353.01, subdivisions 2 and 2a, for at 55.20 least five years prior to terminating membership or a member who 55.21 receives a disability benefit, for terms of four years. Except 55.22 as provided in this subdivision, trustees elected by the 55.23 membership of the association must be public employees and 55.24 members of the association. For seven days beginning October 1 55.25 of each year preceding a year in which an election is held, the 55.26 association shall accept at its office filings in person or by 55.27 mail of candidates for the board of trustees. A candidate shall 55.28 submit at the time of filing a nominating petition signed by 25 55.29 or more members of the fund. No name may be withdrawn from 55.30 nomination by the nominee after October 15. At the request of a 55.31 candidate for an elected position on the board of trustees, the 55.32 board shall mail a statement of up to 300 words prepared by the 55.33 candidate to all persons eligible to vote in the election of the 55.34 candidate. The board may adopt policies to govern form and 55.35 length of these statements, timing of mailings, and deadlines 55.36 for submitting materials to be mailed. These policies must be 56.1 approved by the secretary of state. The secretary of state 56.2 shall resolve disputes between the board and a candidate 56.3 concerning application of these policies to a particular 56.4 statement. A candidate who: 56.5 (1) receives contributions or makes expenditures in excess 56.6 of $100; or 56.7 (2) has given implicit or explicit consent for any other 56.8 person to receive contributions or make expenditures in excess 56.9 of $100 for the purpose of bringing about the candidate's 56.10 election, shall file a report with the campaign finance and 56.11 public disclosure board disclosing the source and amount of all 56.12 contributions to the candidate's campaign. The campaign finance 56.13 and public disclosure board shall prescribe forms governing 56.14 these disclosures. Expenditures and contributions have the 56.15 meaning defined in section10A.0110B.01. These terms do not 56.16 include the mailing made by the association board on behalf of 56.17 the candidate. A candidate shall file a report within 30 days 56.18 from the day that the results of the election are announced. 56.19 The campaign finance and public disclosure board shall maintain 56.20 these reports and make them available for public inspection in 56.21 the same manner as the board maintains and makes available other 56.22 reports filed with it. By January 10 of each year in which 56.23 elections are to be held the board shall distribute by mail to 56.24 the members ballots listing the candidates. No member may vote 56.25 for more than one candidate for each board position to be 56.26 filled. A ballot indicating a vote for more than one person for 56.27 any position is void. No special marking may be used on the 56.28 ballot to indicate incumbents. The last day for mailing ballots 56.29 to the fund is January 31. Terms expire on January 31 of the 56.30 fourth year, and positions are vacant until newly elected 56.31 members are qualified. The ballot envelopes must be so designed 56.32 and the ballots counted in a manner that ensures that each vote 56.33 is secret. 56.34 The secretary of state shall supervise the elections. The 56.35 board of trustees and the executive director shall undertake 56.36 their activities consistent with chapter 356A. 57.1 Sec. 48. Minnesota Statutes 1999 Supplement, section 57.2 383B.042, subdivision 5, is amended to read: 57.3 Subd. 5. "Candidate" means an individual, not within the 57.4 definition of candidate of section10A.01, subdivision 1057.5 10B.01, subdivision 8, who seeks nomination or election to any 57.6 county office in Hennepin county, to any city office in any home 57.7 rule charter city or statutory city located wholly within 57.8 Hennepin county and having a population of 75,000 or more or to 57.9 the school board of special school district No. 1, Minneapolis. 57.10 Sec. 49. [REPEALER.] 57.11 Minnesota Statutes 1999 Supplement, sections 10A.01, 57.12 subdivisions 3, 4, 6, 7, 9, 10, 11, 12, 13, 15, 16, 17, 18, 20, 57.13 23, 25, 26, 27, 28, 29, 30, 32, 34, and 36; 10A.105; 10A.11; 57.14 10A.12; 10A.13; 10A.14; 10A.15; 10A.16; 10A.17; 10A.18; 10A.20; 57.15 10A.24; 10A.241; 10A.242; 10A.25; 10A.255; 10A.257; 10A.27; 57.16 10A.273; 10A.275; 10A.28; 10A.29; 10A.30; 10A.31; 10A.315; 57.17 10A.321; 10A.322; 10A.323; and 10A.324, are repealed. 57.18 Sec. 50. [INSTRUCTION TO REVISOR.] 57.19 In the next edition of Minnesota Statutes, the revisor of 57.20 statutes must note that the sections of Minnesota Statutes 57.21 listed in column A have been reenacted as the sections of 57.22 Minnesota Statutes listed in column B, as follows: 57.23 Column A Column B 57.24 10A.01, subd. 3 10B.01, subd. 2 57.25 10A.01, subd. 4 10B.01, subd. 3 57.26 10A.01, subd. 6 10B.01, subd. 4 57.27 10A.01, subd. 7 10B.01, subd. 5 57.28 10A.01, subd. 9 10B.01, subd. 7 57.29 10A.01, subd. 10 10B.01, subd. 8 57.30 10A.01, subd. 10a 10B.01, subd. 9 57.31 10A.01, subd. 11 10B.01, subd. 10 57.32 10A.01, subd. 12 10B.01, subd. 11 57.33 10A.01, subd. 13 10B.01, subd. 12 57.34 10A.01, subd. 15 10B.01, subd. 13 57.35 10A.01, subd. 16 10B.01, subd. 14 57.36 10A.01, subd. 17 10B.01, subd. 15 58.1 10A.01, subd. 18 10B.01, subd. 16 58.2 10A.01, subd. 20 10B.01, subd. 17 58.3 10A.01, subd. 23 10B.01, subd. 18 58.4 10A.01, subd. 25 10B.01, subd. 19 58.5 10A.01, subd. 26 10B.01, subd. 20 58.6 10A.01, subd. 27 10B.01, subd. 21 58.7 10A.01, subd. 28 10B.01, subd. 22 58.8 10A.01, subd. 29 10B.01, subd. 23 58.9 10A.01, subd. 30 10B.01, subd. 24 58.10 10A.01, subd. 32 10B.01, subd. 25 58.11 10A.01, subd. 34 10B.01, subd. 26 58.12 10A.01, subd. 36 10B.01, subd. 27 58.13 10A.105 10B.02 58.14 10A.11 10B.03 58.15 10A.12 10B.04 58.16 10A.13 10B.06 58.17 10A.14 10B.07 58.18 10A.15 10B.08 58.19 10A.16 10B.09 58.20 10A.17 10B.10 58.21 10A.18 10B.11 58.22 10A.20 10B.12 58.23 10A.24 10B.27 58.24 10A.241 10B.28 58.25 10A.242 10B.26 58.26 10A.25 10B.17 58.27 10A.255 10B.18 58.28 10A.257 10B.24 58.29 10A.27 10B.13 58.30 10A.273 10B.14 58.31 10A.275 10B.19 58.32 10A.28, subd. 1 10B.25, subd. 2 58.33 10A.28, subd. 2 10B.25, subd. 1 58.34 10A.28, subd. 3 10B.25, subd. 3 58.35 10A.28, subd. 4 10B.25, subd. 4 58.36 10A.29 10B.15 59.1 10A.315 10B.22, subd. 6 59.2 10A.322 10B.20 59.3 10A.323 10B.21 59.4 10A.324 10B.23 59.5 290.06, subd. 23 10B.16 59.6 Sec. 51. [EFFECTIVE DATE.] 59.7 This act is effective January 1, 2001.