HF 751

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; requiring return of public 
  1.3             subsidy by candidate who violates fair campaign 
  1.4             practices act; permitting early voting at polling 
  1.5             places; punishing certain false statements in 
  1.6             political campaigns; permitting nomination or office 
  1.7             to be forfeited because of conduct not attributable to 
  1.8             a candidate; imposing a criminal penalty for assisting 
  1.9             false claim for political contribution refund; 
  1.10            amending Minnesota Statutes 1996, sections 10A.324, by 
  1.11            adding a subdivision; 211B.06, subdivision 1; and 
  1.12            211B.17; proposing coding for new law in Minnesota 
  1.13            Statutes, chapters 203B; and 211B. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1996, section 10A.324, is 
  1.16  amended by adding a subdivision to read: 
  1.17     Subd. 6.  [RETURN FOR VIOLATION OF FAIR CAMPAIGN 
  1.18  PRACTICES.] A candidate who violates chapter 211B, fair campaign 
  1.19  practices, as determined in an election contest under chapter 
  1.20  209 or a criminal action under chapter 211B, shall return to the 
  1.21  board all or a portion of the public subsidy received under 
  1.22  section 10A.31 for a general election or under section 10A.315 
  1.23  for a special election, in the amount determined by the court.  
  1.24     Sec. 2.  [203B.081] [VOTING BEFORE ELECTION DAY.] 
  1.25     An eligible voter may vote in the office of the county 
  1.26  auditor and at any other polling place designated by the county 
  1.27  auditor during the 30 days before the election.  At least one 
  1.28  voting booth in each polling place must be made available by the 
  1.29  county auditor for this purpose. 
  2.1      Sec. 3.  Minnesota Statutes 1996, section 211B.06, 
  2.2   subdivision 1, is amended to read: 
  2.3      Subdivision 1.  [GROSS MISDEMEANOR.] A person is guilty of 
  2.4   a gross misdemeanor who intentionally participates in the 
  2.5   preparation, dissemination, or broadcast of paid political 
  2.6   advertising or campaign material with respect to the personal or 
  2.7   political character or acts of a candidate, whether or not 
  2.8   defamatory, or with respect to the effect of a ballot 
  2.9   question, that the person knows or has reason to believe is 
  2.10  false and that is designed or tends to promote, elect, injure, 
  2.11  or defeat a candidate for nomination or election to a public 
  2.12  office or to promote or defeat a ballot question, that is false, 
  2.13  and that the person knows is false or communicates to others 
  2.14  with reckless disregard of whether it is false. 
  2.15     A person is guilty of a misdemeanor who intentionally 
  2.16  participates in the drafting of a letter to the editor with 
  2.17  respect to the personal or political character or acts of a 
  2.18  candidate, if defamatory, or with respect to the effect of a 
  2.19  ballot question, that the person knows is false and which is 
  2.20  designed or tends to promote, elect, injure, or defeat any 
  2.21  candidate for nomination or election to a public office or to 
  2.22  promote or defeat a ballot question, that is false, and that the 
  2.23  person knows is false or communicates to others with reckless 
  2.24  disregard of whether it is false. 
  2.25     Sec. 4.  Minnesota Statutes 1996, section 211B.17, is 
  2.26  amended to read: 
  2.27     211B.17 [FORFEITURE OF NOMINATION OR OFFICE; CIRCUMSTANCES 
  2.28  WHERE NOT FORFEITED.] 
  2.29     Subdivision 1.  [FORFEITURE OF NOMINATION OR OFFICE.] 
  2.30  Except as provided in subdivision 2, if a candidate is found 
  2.31  guilty of violating this chapter or an offense was committed by 
  2.32  another individual with the knowledge, consent, or connivance of 
  2.33  the candidate, the court, after entering the adjudication of 
  2.34  guilty, shall enter a supplemental judgment declaring that the 
  2.35  candidate has forfeited the nomination or office.  If the court 
  2.36  enters the supplemental judgment, it shall transmit to the 
  3.1   filing officer a transcript of the supplemental judgment, the 
  3.2   nomination or office becomes vacant, and the vacancy must be 
  3.3   filled as provided by law. 
  3.4      Subd. 2.  [CIRCUMSTANCES WHERE NOMINATION OR OFFICE NOT 
  3.5   FORFEITED.] In a trial for a violation of this chapter, the 
  3.6   candidate's nomination or election is not void if the court 
  3.7   finds that: 
  3.8      (1) an offense, though committed by the candidate or with 
  3.9   the candidate's knowledge, consent, or connivance, was trivial; 
  3.10  or 
  3.11     (2) an act or omission of a candidate the violation arose 
  3.12  from accidental miscalculation or other reasonable cause, but in 
  3.13  any case not from a want of good faith; 
  3.14  and the court also finds that it would be unjust for a candidate 
  3.15  to forfeit the nomination or election.  
  3.16     None of these findings is a defense to a conviction under 
  3.17  this chapter. 
  3.18     Sec. 5.  [211B.22] [FALSE CLAIM FOR POLITICAL CONTRIBUTION 
  3.19  REFUND.] 
  3.20     A candidate, treasurer of a principal campaign committee, 
  3.21  or party chair who signs a political contribution receipt form 
  3.22  for a contribution that does not meet the requirements of 
  3.23  section 290.06, subdivision 23, intending to assist the 
  3.24  recipient of the form in filing a claim for a refund to which 
  3.25  the recipient is not entitled, is guilty of a gross misdemeanor.