HF 828

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; prohibiting political parties
that receive a public subsidy from making independent
expenditures; requiring that income tax checkoff money
and political contributions refunded by the state be
used only for candidates who have agreed to spending
limits; imposing campaign contribution and spending
limits on legislative caucuses that choose to
participate in the political contribution refund
program; limiting multicandidate expenditures by
political parties; increasing the maximum political
contribution refund from $50 to $100; amending
Minnesota Statutes 2004, sections 10A.01, subdivisions
9, 18; 10A.25, subdivision 1, by adding subdivisions;
10A.27, subdivision 11, by adding a subdivision;
10A.275, subdivision 1; 10A.28, subdivisions 1, 2;
10A.31, subdivisions 3, 5; 10A.322; 290.06,
subdivision 23.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 10A.01,
subdivision 9, is amended to read:

Subd. 9.

Campaign expenditure.

new text begin (a) new text end "Campaign
expenditure" or "expenditure" means a purchase or payment of
money or anything of value, or an advance of credit, made or
incurred for the purpose of influencing the nomination or
election of a candidate or for the purpose of promoting or
defeating a ballot question.

new text begin (b) "Expenditure" includes a cost incurred to design,
produce, or disseminate a communication if the communication
contains words such as "vote for," "reelect," "(name of
candidate) for (office)," "vote against," "defeat," or another
phrase or campaign slogan that in context can have no reasonable
meaning other than to advocate support for or opposition to the
nomination or election of one or more clearly identified
candidates.
new text end

new text begin (c) "Expenditure" is presumed to include a cost incurred to
design, produce, or disseminate a communication if the
communication names or depicts one or more clearly identified
candidates; is disseminated during the 45 days before a primary
election, during the 60 days before a general election, or
during a special election cycle until election day; and the cost
exceeds the following amounts for a communication naming or
depicting a candidate for the following offices:
new text end

new text begin (1) $500 for a candidate for governor, lieutenant governor,
attorney general, secretary of state, or state auditor; or
new text end

new text begin (2) $100 for a candidate for state senator or
representative.
new text end

new text begin An individual or association presumed under this paragraph
to have made an expenditure may rebut the presumption by an
affidavit signed by the spender and filed with the board stating
that the cost was not incurred with intent to influence the
nomination, election, or defeat of any candidate, supported by
any additional evidence the spender chooses to submit. The
board may consider any additional evidence it deems relevant and
material and must determine by a preponderance of the evidence
whether the cost was incurred with intent to influence the
nomination, election, or defeat of a candidate.
new text end

new text begin (d) new text end An expenditure is considered to be made in the year in
which the candidate made the purchase of goods or services or
incurred an obligation to pay for goods or services.

new text begin (e) new text end An expenditure made for the purpose of defeating a
candidate is considered made for the purpose of influencing the
nomination or election of that candidate or any opponent of that
candidate.

new text begin (f) new text end Except as provided in clause (1), "expenditure"
includes the dollar value of a donation in kind.

"Expenditure" does not include:

(1) noncampaign disbursements as defined in subdivision 26;

(2) services provided without compensation by an individual
volunteering personal time on behalf of a candidate, ballot
question, political committee, political fund, principal
campaign committee, or party unit; deleted text begin or
deleted text end

(3) the publishing or broadcasting of news items or
editorial comments by the news media new text begin , if the news medium is not
owned by or affiliated with any candidate or principal campaign
committee; or
new text end

new text begin (4) a cost incurred by an association for a communication
targeted to inform solely its own dues-paying members of the
association's position on a candidate new text end .

Sec. 2.

Minnesota Statutes 2004, section 10A.01,
subdivision 18, is amended to read:

Subd. 18.

Independent expenditure.

new text begin (a) new text end "Independent
expenditure" means an expenditure deleted text begin expressly advocating the
election or defeat of a clearly identified candidate, if the
expenditure deleted text end new text begin that new text end is made without the express or implied consent,
authorization, or cooperation of, and not in concert with or at
the request or suggestion of, any candidate or any candidate's
principal campaign committee or agent. An independent
expenditure is not a contribution to that candidate. deleted text begin An
expenditure by a political party or political party unit in a
race where the political party has a candidate on the ballot is
not an independent expenditure.
deleted text end

new text begin (b) An expenditure is presumed to be not independent if,
for example:
new text end

new text begin (1) in the same election cycle in which the expenditure
occurs, the spender or the spender's agent retains the
professional services of an individual or entity that, in a
nonministerial capacity, provides or has provided
campaign-related service, including polling or other campaign
research, media consulting or production, direct mail, or
fundraising, to a candidate supported by the spender for
nomination or election to the same office as any candidate whose
nomination or election the expenditure is intended to influence
or to a political party working in coordination with the
supported candidate;
new text end

new text begin (2) the expenditure pays for a communication that
disseminates, in whole or in substantial part, a broadcast or
written, graphic, or other form of campaign material designed,
produced, or distributed by the candidate or the candidate's
principal campaign committee or their agents;
new text end

new text begin (3) the expenditure is based on information about the
candidate's electoral campaign plans, projects, or needs that is
provided by the candidate or the candidate's principal campaign
committee or their agents directly or indirectly to the spender
or the spender's agent, with an express or tacit understanding
that the spender is considering making the expenditure;
new text end

new text begin (4) before the election, the spender or the spender's agent
informs a candidate or the principal campaign committee or agent
of a candidate for the same office as a candidate clearly
identified in a communication paid for by the expenditure about
the communication's contents; timing, location, mode, or
frequency of dissemination; or intended audience; or
new text end

new text begin (5) in the same election cycle in which the expenditure
occurs, the spender or the spender's agent is serving or has
served in an executive, policymaking, fundraising, or advisory
position with the candidate's campaign or has participated in
strategic or policymaking discussions with the candidate's
campaign relating to the candidate's pursuit of nomination or
election to office and the candidate is pursuing the same office
as a candidate whose nomination or election the expenditure is
intended to influence.
new text end

new text begin An individual or association presumed under this paragraph
to have made an expenditure that was not independent may rebut
the presumption by an affidavit signed by the spender and filed
with the board stating that the expenditure was made without the
express or implied consent, authorization, or cooperation of,
and not in concert with or at the request or suggestion of, any
candidate or candidate's principal campaign committee or agent,
supported by additional evidence the spender chooses to submit.
The board may consider any additional evidence it deems relevant
and material and must determine by a preponderance of the
evidence whether the expenditure was independent.
new text end

new text begin (c) An expenditure by anyone other than a principal
campaign committee that does not qualify as an independent
expenditure under this subdivision is deemed to be an approved
expenditure under subdivision 4.
new text end

Sec. 3.

Minnesota Statutes 2004, section 10A.25,
subdivision 1, is amended to read:

Subdivision 1.

Limits are voluntary.

The expenditure
limits imposed by this section new text begin on a candidate new text end apply only to a
candidate who has signed new text begin and filed new text end an agreement under section
10A.322 to be bound by them as a condition of receiving a public
subsidy for the candidate's campaign. new text begin The prohibition on
independent expenditures imposed by subdivision 14 applies only
to a political party that has signed an agreement under section
10A.322 to be bound by it as a condition of receiving a public
subsidy for the party's activities. The expenditure limits
imposed by subdivisions 15 and 16 apply only to a party unit
that has signed and filed an agreement under section 10A.322 to
be bound by them as a condition of receiving a public subsidy
for the party unit's activities.
new text end

Sec. 4.

Minnesota Statutes 2004, section 10A.25, is
amended by adding a subdivision to read:

new text begin Subd. 14. new text end

new text begin Independent expenditures by political parties.
new text end

new text begin (a) A political party that receives a public subsidy must not
make an independent expenditure.
new text end

new text begin (b) A political party that has agreed not to make
independent expenditures as a condition of receiving a public
subsidy is released from the prohibition but remains eligible to
receive a public subsidy if a political party that has not
agreed to the prohibition makes an independent expenditure
during that election cycle.
new text end

new text begin (c) A political party that has not agreed to the
prohibition in this subdivision must file written notice with
the board and serve written notice on every other political
party within 24 hours after making an independent expenditure.
The notice must state only that the political party has made an
independent expenditure. Upon receipt of the notice, the
political party that agreed to the prohibition is no longer
subject to the prohibition but remains eligible to receive a
public subsidy.
new text end

Sec. 5.

Minnesota Statutes 2004, section 10A.25, is
amended by adding a subdivision to read:

new text begin Subd. 15. new text end

new text begin Party expenditures. new text end

new text begin A party unit must use a
contribution for which it has issued a political contribution
receipt form only for the benefit of candidates for whom there
is in effect a spending limit agreement under section 10A.322.
new text end

Sec. 6.

Minnesota Statutes 2004, section 10A.25, is
amended by adding a subdivision to read:

new text begin Subd. 16. new text end

new text begin Limits on legislative caucuses. new text end

new text begin (a) In a year
in which a general election is held for a house of the
legislature, the members of a party caucus in that house must
not make campaign expenditures that result in aggregate
expenditures in excess of $750,000.
new text end

new text begin (b) During an election cycle, in any year before the
general election year for a house of the legislature, the
members of a party caucus in that house must not make campaign
expenditures that exceed 20 percent of the general election year
limit.
new text end

new text begin (c) A party caucus in a house of the legislature that has
agreed to be bound by the expenditure limits imposed by this
subdivision as a condition of participating in the political
contribution refund program is released from the expenditure
limits but remains eligible to participate in the political
contribution refund program if another party caucus in the same
house of the legislature has not agreed to be bound by the
limits and has received contributions or made or become
obligated to make expenditures during that election cycle in
excess of 50 percent of the expenditure limit set forth in
paragraph (a).
new text end

new text begin (d) A party caucus in a house of the legislature that has
not agreed to be bound by the limits must file written notice
with the board and provide written notice to every other party
caucus in the same house of the legislature within 24 hours
after exceeding the limit in paragraph (c). The notice must
state only that the party caucus has received contributions or
made or become obligated to make campaign expenditures in excess
of the limit in paragraph (c). Upon receipt of the notice, the
party caucus that has agreed to be bound by the limits is no
longer bound by the expenditure limits but remains eligible to
participate in the political contribution refund program.
new text end

new text begin (e) If a party caucus in a house of the legislature is
released from expenditure limits under this subdivision, the
party caucus is also released from the limits on contributions
under section 10A.27, subdivision 14.
new text end

Sec. 7.

Minnesota Statutes 2004, section 10A.27,
subdivision 11, is amended to read:

Subd. 11.

Contributions from certain types of
contributors.

A candidate must not permit the candidate's
principal campaign committee to accept a contribution new text begin from a
party caucus in a house of the legislature that has not filed a
spending limit agreement under section 10A.332, or new text end from a
political committee, political fund, lobbyist, or large
contributor, if the contribution will cause the aggregate
contributions from those types of contributors to exceed an
amount equal to 20 percent of the expenditure limits for the
office sought by the candidate, provided that the 20 percent
limit must be rounded to the nearest $100. For purposes of this
subdivision, "large contributor" means an individual, other than
the candidate, who contributes an amount that is more than $100
and more than one-half the amount an individual may contribute.

Sec. 8.

Minnesota Statutes 2004, section 10A.27, is
amended by adding a subdivision to read:

new text begin Subd. 14. new text end

new text begin Contributions to legislative caucuses. new text end

new text begin (a) The
chair of a party caucus in a house of the legislature that has
filed a spending limit agreement under section 10A.322 must not
permit the caucus to accept aggregate contributions from an
individual, political committee, political fund, or party unit
in an amount more than $500 in a year in which a general
election is held for that house or $100 in other years.
new text end

new text begin (b) The chair of a party caucus in a house of the
legislature that has filed a spending limit agreement under
section 10A.322 must not permit the caucus to accept a
contribution from a political committee, political fund,
lobbyist, or large contributor, if the contribution will cause
the aggregate contributions from those types of contributors to
exceed an amount equal to 20 percent of the expenditure limit.
For purposes of this subdivision, "large contributor" means an
individual who contributes more than $250.
new text end

Sec. 9.

Minnesota Statutes 2004, section 10A.275,
subdivision 1, is amended to read:

Subdivision 1.

Exceptions.

Notwithstanding other
provisions of this chapter, the following expenditures by a
party unit, or two or more party units acting together, with at
least one party unit being either: the state committee or the
party organization within a congressional district, county, or
legislative district, are not considered contributions to or
expenditures on behalf of a candidate for the purposes of
section 10A.25 or 10A.27 and must not be allocated to candidates
under section 10A.20, subdivision 3, paragraph (g):

(1) expenditures on behalf of candidates of that party
generally without referring to any of them specifically in a
published, posted, or broadcast advertisement;

(2) expenditures for the preparation, display, mailing, or
other distribution of an official party sample ballot listing
the names of three or more individuals whose names are to appear
on the ballot; new text begin or
new text end

(3) expenditures for a telephone conversation deleted text begin including
deleted text end new text begin mentioning with roughly equal emphasis new text end the names of three or
more individuals whose names are to appear on the ballot deleted text begin ;
deleted text end

deleted text begin (4) expenditures for a political party fund-raising effort
on behalf of three or more candidates; or
deleted text end

deleted text begin (5) expenditures for party committee staff services that
benefit three or more candidates deleted text end .

Sec. 10.

Minnesota Statutes 2004, section 10A.28,
subdivision 1, is amended to read:

Subdivision 1.

Exceeding expenditure limits.

new text begin (a) new text end A
candidate subject to the expenditure limits in section 10A.25
who permits the candidate's principal campaign committee to make
expenditures or permits approved expenditures to be made on the
candidate's behalf in excess of the limits imposed by section
10A.25, as adjusted by section 10A.255, is subject to a civil
penalty new text begin of new text end up to four times the amount by which the expenditures
exceeded the limit.

new text begin (b) The chair of a political party or party unit subject to
the prohibition on independent expenditures in section 10A.25,
subdivision 14, or the prohibition on expenditures in section
10A.25, subdivision 15, who permits the political party or party
unit to make expenditures in violation of those prohibitions is
subject to a civil penalty of up to four times the amount of the
expenditures.
new text end

new text begin (c) The chair of a party caucus in a house of the
legislature subject to the expenditure limits in section 10A.25,
subdivision 16, who permits the caucus to make expenditures in
excess of those limits, as adjusted by section 10A.255, is
subject to a civil penalty of up to four times the amount by
which the expenditures exceeded the limit.
new text end

Sec. 11.

Minnesota Statutes 2004, section 10A.28,
subdivision 2, is amended to read:

Subd. 2.

Exceeding contribution limits.

A political
committee, political fund, or principal campaign committee that
makes a contribution, or a candidate who permits the candidate's
principal campaign committee to accept contributions, in excess
of the limits imposed by section 10A.27 is subject to a civil
penalty of up to four times the amount by which the contribution
exceeded the limits. new text begin The chair of a party caucus in a house of
the legislature who permits the caucus to accept contributions
in excess of the limits imposed by section 10A.27 is subject to
a civil penalty of up to four times the amount by which the
contribution exceeded the limits.
new text end

Sec. 12.

Minnesota Statutes 2004, section 10A.31,
subdivision 3, is amended to read:

Subd. 3.

Form.

The commissioner of revenue must provide
on the first page of the income tax form and the renter and
homeowner property tax refund return a space for the individual
to indicate a wish to pay $5 ($10 if filing a joint return) from
the general fund of the state to finance election campaigns.
The form must also contain language prepared by the commissioner
that permits the individual to direct the state to pay the $5
(or $10 if filing a joint return) to: (1) one of the deleted text begin major
deleted text end political parties deleted text begin ; (2) any minor political party deleted text end that qualifies
under subdivision 3a; or deleted text begin (3) deleted text end new text begin (2) new text end all qualifying candidates as
provided by subdivision 7. The renter and homeowner property
tax refund return must include instructions that the individual
filing the return may designate $5 on the return only if the
individual has not designated $5 on the income tax return.

Sec. 13.

Minnesota Statutes 2004, section 10A.31,
subdivision 5, is amended to read:

Subd. 5.

Allocation.

(a) [GENERAL ACCOUNT.] In each
calendar year the money in the general account must be allocated
to candidates as follows:

(1) 21 percent for the offices of governor and lieutenant
governor together;

(2) 4.2 percent for the office of attorney general;

(3) 2.4 percent each for the offices of secretary of state
and state auditor;

(4) in each calendar year during the period in which state
senators serve a four-year term, 23-1/3 percent for the office
of state senator, and 46-2/3 percent for the office of state
representative; and

(5) in each calendar year during the period in which state
senators serve a two-year term, 35 percent each for the offices
of state senator and state representative.

(b) [PARTY ACCOUNT.] In each calendar year the money in
each party account must be allocated as follows:

(1) 14 percent for the offices of governor and lieutenant
governor together;

(2) 2.8 percent for the office of attorney general;

(3) 1.6 percent each for the offices of secretary of state
and state auditor;

(4) in each calendar year during the period in which state
senators serve a four-year term, 23-1/3 percent for the office
of state senator, and 46-2/3 percent for the office of state
representative;

(5) in each calendar year during the period in which state
senators serve a two-year term, 35 percent each for the offices
of state senator and state representative; and

(6) ten percent for the state committee of a political
party new text begin that has signed and filed with the board an agreement
under section 10A.322, subdivision 2a, that it will not make
independent expenditures and that it will use contributions for
which it has issued a political contribution receipt only for
the benefit of candidates for whom there is in effect a spending
limit agreement under section 10A.322 new text end .

Money allocated to each state committee under clause (6)
must be deposited in a separate account and must be spent for
only those items enumerated in section 10A.275. Money allocated
to a state committee under clause (6) must be paid to the
committee by the board as it is received in the account on a
monthly basis, with payment on the 15th day of the calendar
month following the month in which the returns were processed by
the Department of Revenue, provided that these distributions
would be equal to 90 percent of the amount of money indicated in
the Department of Revenue's weekly unedited reports of income
tax returns and property tax refund returns processed in the
month, as notified by the Department of Revenue to the board.
The amounts paid to each state committee are subject to biennial
adjustment and settlement at the time of each certification
required of the commissioner of revenue under subdivisions 7 and
10. If the total amount of payments received by a state
committee for the period reflected on a certification by the
Department of Revenue is different from the amount that should
have been received during the period according to the
certification, each subsequent monthly payment must be increased
or decreased to the fullest extent possible until the amount of
the overpayment is recovered or the underpayment is distributed.

new text begin Money not allocated to a state committee under clause (6)
because the state committee has not signed and filed with the
board a spending limit agreement under section 10A.322 must be
canceled to the general fund.
new text end

Sec. 14.

Minnesota Statutes 2004, section 10A.322, is
amended to read:

10A.322 SPENDING LIMIT AGREEMENTS.

Subdivision 1.

Agreement by candidate.

(a) As a
condition of receiving a public subsidy, a candidate must sign
and file with the board a written agreement in which the
candidate agrees that the candidate will comply with sections
10A.25; 10A.27, subdivision 10; 10A.31, subdivision 7, paragraph
(c); and 10A.324.

(b) Before the first day of filing for office, the board
must forward agreement forms to all filing officers. The board
must also provide agreement forms to candidates on request at
any time. The candidate must file the agreement with the board
by deleted text begin September deleted text end new text begin August new text end 1 preceding the candidate's general election
or a special election held at the general election. An
agreement may not be filed after that date. An agreement once
filed may not be rescinded.

(c) The board must notify the commissioner of revenue of
any agreement deleted text begin signed deleted text end new text begin filed new text end under this subdivision.

(d) Notwithstanding paragraph (b), if a vacancy occurs that
will be filled by means of a special election and the filing
period does not coincide with the filing period for the general
election, a candidate may sign and deleted text begin submit deleted text end new text begin file new text end a spending limit
agreement not later than the day after the candidate files the
affidavit of candidacy or nominating petition for the office.

deleted text begin Subd. 2. deleted text end

deleted text begin How long agreement is effective. deleted text end

deleted text begin deleted text end new text begin (e) new text end The
agreement, insofar as it relates to the expenditure limits in
section 10A.25, as adjusted by section 10A.255, and the
contribution limit in section 10A.27, subdivision 10, remains
effective for candidates until the dissolution of the principal
campaign committee of the candidate or the end of the first
election cycle completed after the agreement was filed,
whichever occurs first.

new text begin Subd. 2. new text end

new text begin Agreement by political party or party unit. new text end

new text begin (a)
As a condition of receiving a public subsidy, the chair of the
state committee of a political party must sign and file with the
board a written agreement in which the state committee agrees
that the political party and all its party units will comply
with section 10A.25, subdivision 14. An agreement once filed
may not be rescinded.
new text end

new text begin (b) As a condition of participating in the political
contribution refund program, the chair of a party unit must sign
and file with the board a written agreement in which the party
unit agrees that it will comply with section 10A.25, subdivision
15. An agreement once filed may not be rescinded.
new text end

new text begin (c) As a condition of participating in the political
contribution refund program, the chair of a party unit that is a
party caucus in a house of the legislature must also sign and
file with the board a written agreement in which the caucus
agrees that it will comply with sections 10A.25, subdivision 16,
and 10A.27, subdivision 14. An agreement once filed may not be
rescinded.
new text end

new text begin (d) The board must provide agreement forms to political
parties and party units on request at any time. The state chair
must file the agreement with the board by February 1 of any year
during an election cycle in order to be allocated money
designated to the party account on tax returns for the preceding
and current taxable years. The party unit must file the
agreement with the board by August 1 preceding the general
election or a special election held at the general election. If
a vacancy occurs that will be filled by means of a special
election and the filing period does not coincide with the filing
period for the general election, a party unit may sign and file
a spending limit agreement not later than the day after the end
of the filing period.
new text end

new text begin (e) The agreement remains in effect until the end of the
first general election cycle completed after the agreement was
filed or the dissolution of the political party or party unit,
whichever occurs first.
new text end

new text begin (f) The board must notify the commissioner of revenue of
any agreement filed under this subdivision.
new text end

Subd. 4.

Refund receipt forms; penalty.

new text begin (a) new text end The board
must make available to a political party deleted text begin on request and to any deleted text end new text begin ,
party unit, or new text end candidate for whom an agreement under this
section is effective, a supply of official refund receipt forms
that state in boldface type that (1) a contributor who is given
a receipt form is eligible to claim a refund as provided in
section 290.06, subdivision 23, and (2) deleted text begin if the contribution is
to a candidate, deleted text end that the candidate new text begin , political party, or party
unit new text end has signed an agreement to limit campaign expenditures as
provided in this section. The forms must provide duplicate
copies of the receipt to be attached to the contributor's claim.

new text begin (b) If new text end a candidate deleted text begin who deleted text end does not sign an agreement under
this section and deleted text begin who deleted text end new text begin the candidate or the treasurer of the
candidate's principal campaign committee new text end willfully issues an
official refund receipt deleted text begin form deleted text end or a facsimile of one to any of the
candidate's contributors new text begin , the issuer of the receipt new text end is guilty of
a misdemeanor. new text begin If the state chair of a political party has not
signed an agreement not to make independent expenditures and the
chair or treasurer of a party unit willfully issues an official
refund receipt or a facsimile of one to any of the party's
contributors, the issuer of the receipt is guilty of a
misdemeanor. If the chair of a party unit has not signed and
filed with the board an agreement to comply with section 10A.25,
subdivision 15, and willfully issues an official refund receipt
or a facsimile of one to any of the party unit's contributors,
the chair is guilty of a misdemeanor. If the chair of a party
unit that is a party caucus in a house of the legislature has
not signed and filed with the board an agreement to comply with
section 10A.25, subdivision 16, and willfully issues an official
refund receipt or a facsimile of one to any of the party unit's
contributors, the chair is guilty of a misdemeanor.
new text end

Sec. 15.

Minnesota Statutes 2004, section 290.06,
subdivision 23, is amended to read:

Subd. 23.

Refund of contributions to political parties
and candidates.

(a) A taxpayer may claim a refund equal to the
amount of the taxpayer's contributions made in the calendar year
to candidates and to a political party. The maximum refund for
an individual must not exceed deleted text begin $50 deleted text end new text begin $100 new text end and for a married couple,
filing jointly, must not exceed deleted text begin $100 deleted text end new text begin $200 new text end . A refund of a
contribution is allowed only if the taxpayer files a form
required by the commissioner and attaches to the form a copy of
an official refund receipt form issued by the candidate or party
and signed by the candidate, the treasurer of the candidate's
principal campaign committee, or the chair or treasurer of the
party unit, after the contribution was received. The receipt
forms must be numbered, and the data on the receipt that are not
public must be made available to the campaign finance and public
disclosure board upon its request. A claim must be filed with
the commissioner no sooner than January 1 of the calendar year
in which the contribution was made and no later than April 15 of
the calendar year following the calendar year in which the
contribution was made. A taxpayer may file only one claim per
calendar year. Amounts paid by the commissioner after June 15
of the calendar year following the calendar year in which the
contribution was made must include interest at the rate
specified in section 270.76.

(b) No refund is allowed under this subdivision for a
contribution to a candidate unless the candidate:

(1) has signed new text begin and filed new text end an agreement to limit campaign
expenditures as provided in section 10A.322;

(2) is seeking an office for which voluntary spending
limits are specified in section 10A.25; and

(3) has designated a principal campaign committee.

This subdivision does not limit the campaign expenditures
of a candidate who does not sign an agreement but accepts a
contribution for which the contributor improperly claims a
refund.

new text begin No refund is allowed under this subdivision for a
contribution to a political party or party unit unless the state
chair of the political party has signed and filed with the board
an agreement under section 10A.322 to comply with the spending
limitation in section 10A.25, subdivision 14. No refund is
allowed under this subdivision for a contribution to a political
party unit unless the chair of the party unit has signed and
filed with the board an agreement under section 10A.322 to
comply with the spending limitation in section 10A.25,
subdivision 15. No refund is allowed under this subdivision for
contribution to a party unit that is a party caucus in a house
of the legislature unless the chair of the caucus has signed and
filed with the board an agreement under section 10A.322 to
comply with the spending limitations in section 10A.25,
subdivision 16. Notwithstanding the deadline in section 10A.322
to be eligible to receive a distribution of checkoff money under
section 10A.31, there is no deadline for filing an agreement to
be eligible to receive a refund under this subdivision.
new text end

(c) For purposes of this subdivision, "political party"
deleted text begin means a major political party as defined in section 200.02,
subdivision 7, or a minor political party qualifying for
inclusion on the income tax or property tax refund form under
section 10A.31, subdivision 3a deleted text end new text begin has the meaning given it in
section 10A.01, subdivision 29 new text end .

deleted text begin A "major party" or "minor party" includes the aggregate of
that party's organization within each house of the legislature,
the state party organization, and the party organization within
congressional districts, counties, legislative districts,
municipalities, and precincts. deleted text end new text begin "Party unit" has the meaning
given it in section 10A.01, subdivision 30.
new text end

"Candidate" means a candidate as defined in section 10A.01,
subdivision 10, except a candidate for judicial office.

"Contribution" means a gift of money.

(d) The commissioner shall make copies of the form
available to the public and candidates upon request.

(e) The following data collected or maintained by the
commissioner under this subdivision are private: the identities
of individuals claiming a refund, the identities of candidates
to whom those individuals have made contributions, and the
amount of each contribution.

(f) The commissioner shall report to the campaign finance
and public disclosure board by each August 1 a summary showing
the total number and aggregate amount of political contribution
refunds made on behalf of each candidate and each political
party. These data are public.

(g) The amount necessary to pay claims for the refund
provided in this section is appropriated from the general fund
to the commissioner of revenue.

(h) For a taxpayer who files a claim for refund via the
Internet or other electronic means, the commissioner may accept
the number on the official receipt as documentation that a
contribution was made rather than the actual receipt as required
by paragraph (a).

Sec. 16. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective January 1, 2006, and applies to
contributions received, expenditures made, and checkoff money
distributed on and after that date.
new text end