Minnesota Legislature
HF 913
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:42am
Current Version - as introduced
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A bill for an act
relating to elections; removing certain unconstitutional provisions governing
independent expenditures in political campaigns; changing timing and method
of filing certain items with the Campaign Finance and Public Disclosure Board;
amending Minnesota Statutes 2008, sections 10A.01, subdivision 18; 10A.04,
subdivision 5; 10A.071, subdivision 3; 10A.08; 10A.09, subdivision 7; 10A.14,
subdivisions 2, 4, by adding a subdivision; 10A.20, subdivisions 1, 12; 10A.31,
subdivision 6, by adding a subdivision; 10A.322, subdivision 1; 10A.323;
10A.35; repealing Minnesota Statutes 2008, section 10A.20, subdivision 6b.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 10A.01, subdivision 18, is amended to
read:
Subd. 18.
Independent expenditure.
"Independent expenditure" means an
expenditure expressly advocating the election or defeat of a clearly identified candidate,
if the expenditure 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
Sec. 2.
Minnesota Statutes 2008, section 10A.04, subdivision 5, is amended to read:
Subd. 5.
Late filing.
deleted text begin The board must send a notice by certified mail to any lobbyist
or principal who fails after seven days after a filing date imposed by this section to file a
report or statement or to pay a fee required by this section.deleted text end If a lobbyist or principal fails to
file a report deleted text begin or pay a feedeleted text end new text begin required by this sectionnew text end within ten business days after the deleted text begin notice
was sentdeleted text end new text begin report was duenew text end , the board may impose a late filing fee of $5 per day, not to exceed
$100, commencing with the 11th day after the deleted text begin notice was sentdeleted text end new text begin report was duenew text end . The board
must send deleted text begin an additionaldeleted text end notice by certified mail to any lobbyist or principal who fails to file
a report deleted text begin or pay a feedeleted text end within deleted text begin 14 days after the first notice was sent by the boarddeleted text end new text begin ten business
days after the report was duenew text end that the lobbyist or principal may be subject to a civil penalty
for failure to file the report or pay the fee. A lobbyist or principal who fails to file a report
or statement or pay a fee within seven days after the deleted text begin seconddeleted text end new text begin certified mailnew text end notice was sent
by the board is subject to a civil penalty imposed by the board of up to $1,000.
Sec. 3.
Minnesota Statutes 2008, section 10A.071, subdivision 3, is amended to read:
Subd. 3.
Exceptions.
(a) The prohibitions in this section do not apply if the gift is:
(1) a contribution as defined in section 10A.01, subdivision 11;
(2) services to assist an official in the performance of official duties, including
but not limited to providing advice, consultation, information, and communication in
connection with legislation, and services to constituents;
(3) services of insignificant monetary value;
(4) a plaque with a resale value of $5 or less;
(5) a trinket or memento costing $5 or less;
(6) informational material deleted text begin of unexceptional valuedeleted text end new text begin with a resale value of $5 or lessnew text end ; or
(7) food or a beverage given at a reception, meal, or meeting away from the
recipient's place of work by an organization before whom the recipient appears to make a
speech or answer questions as part of a program.
(b) The prohibitions in this section do not apply if the gift is given:
(1) because of the recipient's membership in a group, a majority of whose members
are not officials, and an equivalent gift is given to the other members of the group; or
(2) by a lobbyist or principal who is a member of the family of the recipient, unless
the gift is given on behalf of someone who is not a member of that family.
Sec. 4.
Minnesota Statutes 2008, section 10A.08, is amended to read:
10A.08 REPRESENTATION DISCLOSURE.
A public official who represents a client for a fee before an individual, board,
commission, or agency that has rulemaking authority in a hearing conducted under chapter
14, must disclose the official's participation in the action to the board within 14 days after
the appearance. deleted text begin The board must send a notice by certified mail to any public official
who fails to disclose the participation within 14 days after the appearance.deleted text end If the public
official fails to disclose the participation within ten business days after the deleted text begin notice was sentdeleted text end new text begin
disclosure required by this section was duenew text end , the board may impose a late filing fee of $5
per day, not to exceed $100, starting on the 11th day after the deleted text begin notice was sentdeleted text end new text begin disclosure
was duenew text end . The board must send deleted text begin an additionaldeleted text end notice by certified mail to a public official
who fails to disclose the participation within deleted text begin 14deleted text end new text begin tennew text end days after the deleted text begin first notice was sent by
the boarddeleted text end new text begin disclosure was duenew text end that the public official may be subject to a civil penalty for
failure to disclose the participation. A public official who fails to disclose the participation
within seven days after the deleted text begin seconddeleted text end new text begin certified mailnew text end notice was sent by the board is subject
to a civil penalty imposed by the board of up to $1,000.
Sec. 5.
Minnesota Statutes 2008, section 10A.09, subdivision 7, is amended to read:
Subd. 7.
Late filing.
deleted text begin The board must send a notice by certified mail to any
individual who fails within the prescribed time to file a statement of economic interest
required by this section.deleted text end If an individual fails to file a statement new text begin of economic interest
required by this section new text end within ten business days after the notice was sent, the board may
impose a late filing fee of $5 per day, not to exceed $100, commencing on the 11th day
after the deleted text begin notice was sentdeleted text end new text begin statement was duenew text end . The board must send deleted text begin an additionaldeleted text end notice by
certified mail to any individual who fails to file a statement within deleted text begin 14deleted text end new text begin tennew text end days after the
deleted text begin first notice was sent by the boarddeleted text end new text begin statement was due new text end that the individual may be subject to
a civil penalty for failure to file a statement. An individual who fails to file a statement
within seven days after the deleted text begin seconddeleted text end new text begin certified mailnew text end notice was sent by the board is subject to
a civil penalty imposed by the board up to $1,000.
Sec. 6.
Minnesota Statutes 2008, section 10A.14, subdivision 2, is amended to read:
Subd. 2.
Form.
The statement of organization must include:
(1) the name and address of the committee, fund, or party unit;
(2) the name deleted text begin anddeleted text end new text begin ,new text end addressnew text begin , and e-mail addressnew text end of the chair of a political committee,
principal campaign committee, or party unit;
(3) the name and address of any supporting association of a political fund;
(4) the name deleted text begin anddeleted text end new text begin ,new text end addressnew text begin , and e-mail addressnew text end of the treasurer and any deputy
treasurers;
(5) new text begin the name, address, and e-mail address of the candidate of a principal campaign
committee;
new text end
new text begin (6) new text end a listing of all depositories or safety deposit boxes used; and
deleted text begin (6)deleted text end new text begin (7)new text end for the state committee of a political party only, a list of its party units.
Sec. 7.
Minnesota Statutes 2008, section 10A.14, subdivision 4, is amended to read:
Subd. 4.
Failure to file; penalty.
deleted text begin The board must send a notice by certified mail to
any individual who fails to file a statement required by this section.deleted text end If the individual fails
to file a statement new text begin required by this section new text end within ten business days after the deleted text begin notice was
sentdeleted text end new text begin statement was duenew text end , the board may impose a late filing fee of $5 per day, not to exceed
$100, commencing with the 11th day after the deleted text begin notice was sentdeleted text end new text begin statement was duenew text end .
The board must send deleted text begin an additionaldeleted text end notice by certified mail to any individual who
fails to file a statement within deleted text begin 14deleted text end new text begin tennew text end days after the deleted text begin first notice was sent by the boarddeleted text end new text begin
statement was duenew text end that the individual may be subject to a civil penalty for failure to file
the deleted text begin reportdeleted text end new text begin statementnew text end . An individual who fails to file the statement within seven days
after the deleted text begin seconddeleted text end new text begin certified mailnew text end notice was sent by the board is subject to a civil penalty
imposed by the board of up to $1,000.
Sec. 8.
Minnesota Statutes 2008, section 10A.14, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Exemptions. new text end
new text begin
For good cause shown, the board may grant exemptions to
the requirement that e-mail addresses be provided.
new text end
Sec. 9.
Minnesota Statutes 2008, section 10A.20, subdivision 1, is amended to read:
Subdivision 1.
First filing; duration.
The treasurer of a political committee,
political fund, principal campaign committee, or party unit must begin to file the reports
required by this section in the first year it receives contributions or makes expenditures
in excess of $100 and must continue to file until the committee, fund, or party unit is
terminated.new text begin The reports must be filed electronically in a format specified by the board.
For good cause shown, the board may grant exemptions to the requirement that reports be
filed electronically.
new text end
Sec. 10.
Minnesota Statutes 2008, section 10A.20, subdivision 12, is amended to read:
Subd. 12.
Failure to file; penalty.
deleted text begin The board must send a notice by certified mail
to any individual who fails to file a statement required by this section.deleted text end If an individual
fails to file a deleted text begin statementdeleted text end new text begin report required by this section that isnew text end due January 31 within ten
business days after the deleted text begin notice was sentdeleted text end new text begin report was duenew text end , the board may impose a late filing
fee of $5 per day, not to exceed $100, commencing with the 11th day after the deleted text begin notice
was sentdeleted text end new text begin report was duenew text end .
If an individual fails to file a deleted text begin statementdeleted text end new text begin report required by this section that isnew text end due
before a primary or election within three days after the date due, regardless of whether the
individual has received any notice, the board may impose a late filing fee of $50 per day,
not to exceed $500, commencing on the fourth day after the date the statement was due.
The board must send deleted text begin an additionaldeleted text end notice by certified mail to an individual who fails
to file a deleted text begin statementdeleted text end new text begin reportnew text end within 14 days after the deleted text begin first notice was sent by the boarddeleted text end new text begin report
was duenew text end that the individual may be subject to a civil penalty for failure to file deleted text begin a statementdeleted text end new text begin
the reportnew text end . An individual who fails to file the deleted text begin statementdeleted text end new text begin reportnew text end within seven days after the
deleted text begin seconddeleted text end new text begin certified mailnew text end notice was sent by the board is subject to a civil penalty imposed by
the board of up to $1,000.
Sec. 11.
Minnesota Statutes 2008, section 10A.31, subdivision 6, is amended to read:
Subd. 6.
Distribution of party accounts.
As soon as the board has obtained from
the secretary of state the results of the primary election, but no later than one week after
certification by the State Canvassing Board of the results of the primary, the board must
distribute the available money in each party account, as certified by the commissioner of
revenue on September 1, to the candidates of that party who have signed a spending
limit agreement under section 10A.322 and filed the affidavit of contributions required
by section 10A.323, who were opposed in either the primary election or the general
election, and whose names are to appear on the ballot in the general election, according
to the allocations set forth in subdivisions 5 and 5a. The public subsidy from the party
account may not be paid in an amount greater than the expenditure limit of the candidate
or the expenditure limit that would have applied to the candidate if the candidate had not
been freed from expenditure limits under section 10A.25, subdivision 10. deleted text begin If a candidate
files the affidavit required by section 10A.323 after September 1 of the general election
year, the board must pay the candidate's allocation to the candidate at the next regular
payment date for public subsidies for that election cycle that occurs at least 15 days after
the candidate files the affidavit.deleted text end
Sec. 12.
Minnesota Statutes 2008, section 10A.31, is amended by adding a subdivision
to read:
new text begin Subd. 7a. new text end
new text begin Withholding of public subsidy. new text end
new text begin
If a candidate who is eligible for
payment of public subsidy under this section has not filed the report of receipts and
expenditures required under section 10A.20 before a primary election, any public subsidy
for which that candidate is eligible must be withheld by the board until the candidate
complies with the filing requirements of section 10A.20 and the board has sufficient time
to review or audit the report. If a candidate who is eligible for public subsidy does not file
the report due before the primary election under section 10A.20 by the date that the report
of receipts and expenditures filed before the general election is due, that candidate shall
not be paid public subsidy for that election.
new text end
Sec. 13.
Minnesota Statutes 2008, section 10A.322, subdivision 1, is amended to read:
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); 10A.324; and 10A.38.
(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 September 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 signed
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 submit a spending limit agreement not later
than the day after the deleted text begin candidate files the affidavit of candidacy or nominating petition for
the officedeleted text end new text begin close of the filing period for the special election for which the candidate filednew text end .
Sec. 14.
Minnesota Statutes 2008, section 10A.323, is amended to read:
10A.323 AFFIDAVIT OF CONTRIBUTIONS.
In addition to the requirements of section 10A.322, to be eligible to receive a public
subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit
with the board stating that during that calendar year the candidate has accumulated
contributions from persons eligible to vote in this state in at least the amount indicated for
the office sought, counting only the first $50 received from each contributor:
(1) candidates for governor and lieutenant governor running together, $35,000;
(2) candidates for attorney general, $15,000;
(3) candidates for secretary of state and state auditor, separately, $6,000;
(4) candidates for the senate, $3,000; and
(5) candidates for the house of representatives, $1,500.
The affidavit must state the total amount of contributions that have been received
from persons eligible to vote in this state, disregarding the portion of any contribution in
excess of $50.
The candidate or the candidate's treasurer must submit the affidavit required by this
section to the board in writing by the cutoff date for reporting of receipts and expenditures
before a primary under section 10A.20, subdivision 4.
A candidate for a vacancy to be filled at a special election for which the filing period
does not coincide with the filing period for the general election must submit the affidavit
required by this section to the board within five days after deleted text begin filing the affidavit of candidacydeleted text end new text begin
the close of the filing period for the special election for which the candidate filednew text end .
Sec. 15.
Minnesota Statutes 2008, section 10A.35, is amended to read:
10A.35 COMMERCIAL USE OF INFORMATION PROHIBITED.
Information copied from reports and statements filed with the boardnew text begin , other than
reports and statements filed by lobbyists and lobbyist principals,new text end may not be sold or used
by an individual or association for a commercial purpose. Purposes related to elections,
political activities, or law enforcement are not commercial purposes. An individual or
association who violates this section is subject to a civil penalty of up to $1,000. An
individual who knowingly violates this section is guilty of a misdemeanor.
Sec. 16. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 10A.20, subdivision 6b,
new text end
new text begin
is repealed.
new text end