HF 1244

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to campaign finance; clarifying definitions; 
  1.3             facilitating reports of last-minute contributions; 
  1.4             clarifying campaign finance requirements; requiring 
  1.5             return of public subsidies under certain conditions; 
  1.6             providing civil penalties; amending Minnesota Statutes 
  1.7             1996, sections 10A.01, subdivision 7; 10A.03, 
  1.8             subdivision 3; 10A.04, subdivisions 5 and 7; 10A.065, 
  1.9             by adding a subdivision; 10A.08; 10A.09, subdivision 
  1.10            7; 10A.14, subdivision 4; 10A.15, subdivision 3, and 
  1.11            by adding a subdivision; 10A.20, subdivisions 3, 5, 
  1.12            12, and by adding a subdivision; 10A.23; 10A.275, 
  1.13            subdivision 1; 10A.31, subdivision 7; 10A.315; 
  1.14            10A.322, subdivisions 1 and 4; 10A.324, subdivision 1; 
  1.15            10A.34; 200.02, by adding a subdivision; 211A.02, 
  1.16            subdivision 2; and 211B.02; Minnesota Statutes 1997 
  1.17            Supplement, sections 10A.20, subdivision 2; 211A.12; 
  1.18            and 290.06, subdivision 23; repealing Minnesota 
  1.19            Statutes 1996, section 10A.09, subdivision 3. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  Minnesota Statutes 1996, section 10A.01, 
  1.22  subdivision 7, is amended to read: 
  1.23     Subd. 7.  [CONTRIBUTION.] "Contribution" means a transfer 
  1.24  of funds or a donation in kind. 
  1.25     "Contribution" includes any loan or advance of credit to a 
  1.26  political committee, political fund, or principal campaign 
  1.27  committee, which loan or advance of credit is (a) forgiven, or 
  1.28  (b) paid by an individual or an association other than the 
  1.29  political committee, political fund, or principal campaign 
  1.30  committee to which the loan or advance of credit is made.  If an 
  1.31  advance of credit or a loan is forgiven or paid as provided in 
  1.32  this subdivision, it is a contribution in the year in which the 
  2.1   loan or advance of credit is made. 
  2.2      A contribution made for the purpose of defeating a 
  2.3   candidate is considered made for the purpose of influencing the 
  2.4   nomination or election of that candidate or any opponent of that 
  2.5   candidate. 
  2.6      "Contribution" does not include services provided without 
  2.7   compensation by an individual volunteering personal time on 
  2.8   behalf of a candidate, ballot question, political committee, or 
  2.9   political fund, or. 
  2.10     "Contribution" does not include: 
  2.11     (1) the value of the use of a private residence for 
  2.12  purposes of holding a fundraising event; or 
  2.13     (2) uncompensated mileage incurred on behalf of a 
  2.14  candidate, ballot question, political committee, or political 
  2.15  fund. 
  2.16     "Contribution" does not include the publishing or 
  2.17  broadcasting of news items or editorial comments by the news 
  2.18  media. 
  2.19     Sec. 2.  Minnesota Statutes 1996, section 10A.03, 
  2.20  subdivision 3, is amended to read: 
  2.21     Subd. 3.  The board shall notify by certified mail or 
  2.22  personal service any lobbyist who fails to file a registration 
  2.23  form within five days after becoming a lobbyist.  If a lobbyist 
  2.24  fails to file a form within seven ten days after receiving this 
  2.25  the notice was mailed, the board may impose a late filing fee at 
  2.26  $5 $10 per day, not to exceed $100 $250, commencing with 
  2.27  the eighth 11th day after receiving the notice was 
  2.28  mailed.  The board shall further notify by certified mail or 
  2.29  personal service any lobbyist who fails to file a form within 21 
  2.30  days of receiving a first notice that the lobbyist may be 
  2.31  subject to a criminal penalty for failure to file the form.  A 
  2.32  lobbyist who knowingly fails to file a form within seven days 
  2.33  after receiving a second notice from the board is guilty of a 
  2.34  misdemeanor. 
  2.35     Sec. 3.  Minnesota Statutes 1996, section 10A.04, 
  2.36  subdivision 5, is amended to read: 
  3.1      Subd. 5.  The board shall notify by certified mail or 
  3.2   personal service any lobbyist or principal who fails after seven 
  3.3   days after a filing date imposed by this section to file a 
  3.4   report or statement required by this section.  If a lobbyist or 
  3.5   principal fails to file a report within seven ten days after 
  3.6   receiving this the notice was mailed, the board may impose a 
  3.7   late filing fee of $5 $10 per day, not to exceed $100 $250, 
  3.8   commencing with the eighth 11th day after receiving the notice 
  3.9   was mailed.  The board shall further notify by certified mail or 
  3.10  personal service any lobbyist who fails to file a report within 
  3.11  21 days after receiving a first notice that the lobbyist may be 
  3.12  subject to a criminal penalty for failure to file the report.  A 
  3.13  lobbyist who knowingly fails to file such a report or statement 
  3.14  within seven days after receiving a second notice from the board 
  3.15  is guilty of a misdemeanor. 
  3.16     Sec. 4.  Minnesota Statutes 1996, section 10A.04, 
  3.17  subdivision 7, is amended to read: 
  3.18     Subd. 7.  [FINANCIAL RECORDS.] The board may randomly audit 
  3.19  the financial records of lobbyists and principals required to 
  3.20  report under this section.  Lobbyists and principals shall 
  3.21  retain for four years after the report was filed all records 
  3.22  concerning the matters reported under this chapter, including 
  3.23  vouchers, canceled checks, bills, invoices, worksheets, and 
  3.24  receipts.  
  3.25     Sec. 5.  Minnesota Statutes 1996, section 10A.065, is 
  3.26  amended by adding a subdivision to read: 
  3.27     Subd. 6.  [FEDERAL OFFICES.] This section does not prohibit 
  3.28  a candidate from soliciting or accepting a contribution to a 
  3.29  campaign for a federal office.  
  3.30     Sec. 6.  Minnesota Statutes 1996, section 10A.08, is 
  3.31  amended to read: 
  3.32     10A.08 [REPRESENTATION DISCLOSURE.] 
  3.33     Any public official who represents a client for a fee 
  3.34  before any individual, board, commission or agency that has rule 
  3.35  making authority in a hearing conducted under chapter 14, shall 
  3.36  disclose the official's participation in the action to the board 
  4.1   within 14 days after the appearance.  The board shall notify by 
  4.2   certified mail or personal service any public official who fails 
  4.3   to disclose the participation within 14 days after the 
  4.4   appearance.  If the public official fails to disclose the 
  4.5   participation within seven ten days of after this notice was 
  4.6   mailed, the board may impose a late filing fee of $5 $10 per 
  4.7   day, not to exceed $100 $250, commencing on the eighth 11th day 
  4.8   after receiving the notice was mailed. 
  4.9      Sec. 7.  Minnesota Statutes 1996, section 10A.09, 
  4.10  subdivision 7, is amended to read: 
  4.11     Subd. 7.  The board shall notify by certified mail or 
  4.12  personal service any individual who fails within the prescribed 
  4.13  time to file a statement of economic interest required by this 
  4.14  section.  If an individual fails to file a statement within 
  4.15  seven ten days after receiving this the notice was mailed, the 
  4.16  board may impose a late filing fee of $5 $10 per day, not to 
  4.17  exceed $100 $250, commencing on the eighth 11th day after 
  4.18  receiving the notice was mailed.  The board shall further notify 
  4.19  by certified mail or personal service any individual who fails 
  4.20  to file a statement within 21 days after receiving a first 
  4.21  notice that the individual may be subject to a criminal penalty 
  4.22  for failure to file a statement.  An individual who fails to 
  4.23  file a statement within seven days after a second notice is 
  4.24  guilty of a misdemeanor. 
  4.25     Sec. 8.  Minnesota Statutes 1996, section 10A.14, 
  4.26  subdivision 4, is amended to read: 
  4.27     Subd. 4.  The board shall notify by certified mail or 
  4.28  personal service any individual who fails to file a statement 
  4.29  required by this section.  If an individual fails to file a 
  4.30  statement within seven ten days after receiving a the notice 
  4.31  was mailed, the board may impose a late filing fee of $5 $10 per 
  4.32  day, not to exceed $100 $250, commencing with the eighth 11th 
  4.33  day after receiving the notice was mailed.  The board shall 
  4.34  further notify by certified mail or personal service any 
  4.35  individual who fails to file a statement within 21 days after 
  4.36  receiving a first notice that such individual may be subject to 
  5.1   a criminal penalty for failure to file the report.  An 
  5.2   individual who knowingly fails to file the statement within 
  5.3   seven days after receiving a second notice from the board is 
  5.4   guilty of a misdemeanor. 
  5.5      Sec. 9.  Minnesota Statutes 1996, section 10A.15, 
  5.6   subdivision 3, is amended to read: 
  5.7      Subd. 3.  All transfers received by or on behalf of any 
  5.8   candidate, political committee or political fund shall be 
  5.9   deposited in an account designated "Campaign Fund of ..... (name 
  5.10  of candidate, committee or fund)."  All transfers shall be 
  5.11  deposited promptly upon within 30 days after receipt and, except 
  5.12  for transfers received during the last three days of any 
  5.13  reporting period as described in section 10A.20, shall be 
  5.14  deposited during the reporting period in which they were 
  5.15  received.  Any transfer received during the last three days of a 
  5.16  reporting period shall be deposited within 72 hours of receipt 
  5.17  and shall be reported as received during the reporting period 
  5.18  whether or not deposited within that period.  Any deposited 
  5.19  transfer may be returned to the contributor within 60 days of 
  5.20  deposit.  A transfer deposited and not returned within 60 days 
  5.21  of that deposit shall be deemed for the purposes of this 
  5.22  chapter, to be accepted by the candidate, political committee or 
  5.23  political fund. 
  5.24     Sec. 10.  Minnesota Statutes 1996, section 10A.15, is 
  5.25  amended by adding a subdivision to read: 
  5.26     Subd. 7.  [CONTRIBUTION FROM A JOINT ACCOUNT.] A 
  5.27  contribution given by a check drawn on a joint account may be 
  5.28  considered to be a contribution by the owners of the joint 
  5.29  account in equal shares if the contributor notifies the 
  5.30  recipient that is the contributor's intent. 
  5.31     Sec. 11.  Minnesota Statutes 1997 Supplement, section 
  5.32  10A.20, subdivision 2, is amended to read: 
  5.33     Subd. 2.  [TIME FOR FILING.] The reports shall be filed 
  5.34  with the board on or before January 31 of each year and 
  5.35  additional reports shall be filed as required and in accordance 
  5.36  with clauses (a) and (b).  
  6.1      (a) In each year in which the name of the candidate is on 
  6.2   the ballot, the report of the principal campaign committee shall 
  6.3   be filed 15 days before a primary and ten days before a general 
  6.4   election, seven days before a special primary and a special 
  6.5   election, and ten days after a special election cycle.  The 
  6.6   report due after a special election may be filed on January 31 
  6.7   following the special election if the special election is held 
  6.8   not more than 60 days before that date.  
  6.9      (b) In each general election year political committees and 
  6.10  political funds other than principal campaign committees shall 
  6.11  file reports ten 15 days before a primary and ten days before a 
  6.12  general election.  
  6.13     If a scheduled filing date falls on a Saturday, Sunday or 
  6.14  legal holiday, the filing date shall be the next regular 
  6.15  business day. 
  6.16     Sec. 12.  Minnesota Statutes 1996, section 10A.20, 
  6.17  subdivision 3, is amended to read: 
  6.18     Subd. 3.  [CONTENTS OF REPORT.] Each report under this 
  6.19  section shall disclose: 
  6.20     (a) The amount of liquid assets on hand at the beginning of 
  6.21  the reporting period; 
  6.22     (b) The name, address and employer, or occupation if 
  6.23  self-employed, of each individual, political committee or 
  6.24  political fund who within the year has made one or more 
  6.25  transfers or donations in kind to the political committee or 
  6.26  political fund, including the purchase of tickets for all fund 
  6.27  raising efforts, which in aggregate exceed $100 for legislative 
  6.28  or statewide candidates or ballot questions, together with the 
  6.29  amount and date of each transfer or donation in kind, and the 
  6.30  aggregate amount of transfers and donations in kind within the 
  6.31  year from each source so disclosed.  A donation in kind shall be 
  6.32  disclosed at its fair market value.  An approved expenditure is 
  6.33  listed as a donation in kind.  A donation in kind is considered 
  6.34  consumed in the reporting period in which it is received.  The 
  6.35  names of contributors shall be listed in alphabetical order; 
  6.36     (c) The sum of contributions to the political committee or 
  7.1   political fund during the reporting period; 
  7.2      (d) Each loan made or received by the political committee 
  7.3   or political fund within the year in aggregate in excess of 
  7.4   $100, continuously reported until repaid or forgiven, together 
  7.5   with the name, address, occupation and the principal place of 
  7.6   business, if any, of the lender and any endorser and the date 
  7.7   and amount of the loan.  If any loan made to the principal 
  7.8   campaign committee of a candidate is forgiven at any time or 
  7.9   repaid by any entity other than that principal campaign 
  7.10  committee, it shall be reported as a contribution for the year 
  7.11  in which the loan was made; 
  7.12     (e) Each receipt in excess of $100 not otherwise listed 
  7.13  under clauses (b) to (d); 
  7.14     (f) The sum of all receipts of the political committee or 
  7.15  political fund during the reporting period; 
  7.16     (g) The name and address of each individual or association 
  7.17  to whom aggregate expenditures, including approved expenditures, 
  7.18  have been made by or on behalf of the political committee or 
  7.19  political fund within the year in excess of $100, together with 
  7.20  the amount, date and purpose of each expenditure and the name 
  7.21  and address of, and office sought by, each candidate on whose 
  7.22  behalf the expenditure was made, identification of the ballot 
  7.23  question which the expenditure is intended to promote or defeat, 
  7.24  and in the case of independent expenditures made in support of 
  7.25  or opposition to a candidate, the name, address and office 
  7.26  sought for each such candidate; 
  7.27     (h) The sum of all expenditures made by or on behalf of the 
  7.28  political committee or political fund during the reporting 
  7.29  period; 
  7.30     (i) The amount and nature of any advance of credit incurred 
  7.31  by the political committee or political fund, continuously 
  7.32  reported until paid or forgiven.  If any advance of credit 
  7.33  incurred by the principal campaign committee of a candidate is 
  7.34  forgiven at any time by the creditor or paid by any entity other 
  7.35  than that principal campaign committee, it shall be reported as 
  7.36  a donation in kind for the year in which the advance of credit 
  8.1   was incurred; 
  8.2      (j) The name and address of each political committee, 
  8.3   political fund, or principal campaign committee to which 
  8.4   aggregate transfers in excess of $100 have been made within the 
  8.5   year, together with the amount and date of each transfer; 
  8.6      (k) The sum of all transfers made by the political 
  8.7   committee, political fund, or principal campaign committee 
  8.8   during the reporting period; 
  8.9      (l) Except for contributions to a candidate or committee 
  8.10  for a candidate for office in a municipality as defined in 
  8.11  section 471.345, subdivision 1, the name and address of each 
  8.12  individual or association to whom aggregate noncampaign 
  8.13  disbursements in excess of $100 have been made within the year 
  8.14  by or on behalf of a principal campaign committee, political 
  8.15  committee, or political fund, together with the amount, date, 
  8.16  and purpose of each noncampaign disbursement; 
  8.17     (m) The sum of all noncampaign disbursements made within 
  8.18  the year by or on behalf of a principal campaign committee, 
  8.19  political committee, or political fund; 
  8.20     (n) The name and address of a nonprofit corporation that 
  8.21  provides administrative assistance to a political committee or 
  8.22  political fund as authorized by section 211B.15, subdivision 17, 
  8.23  together with the type of administrative assistance provided and 
  8.24  the aggregate fair market value of each type of assistance 
  8.25  provided to the political committee or political fund during the 
  8.26  reporting period; and 
  8.27     (o) A report filed under subdivision 2, clause (b), by a 
  8.28  political committee or political fund that is subject to 
  8.29  subdivision 14, must contain the information required by 
  8.30  subdivision 14, if the political committee or political fund has 
  8.31  solicited and caused others to make aggregate contributions 
  8.32  greater than $5,000 between January 1 of the general election 
  8.33  year and the end of the reporting period.  This disclosure 
  8.34  requirement is in addition to the report required by subdivision 
  8.35  14. 
  8.36     Sec. 13.  Minnesota Statutes 1996, section 10A.20, 
  9.1   subdivision 5, is amended to read: 
  9.2      Subd. 5.  [PREELECTION REPORTS.] In any statewide election 
  9.3   any loan, contribution, or contributions from any one source 
  9.4   totaling $2,000 or more, or in any legislative election totaling 
  9.5   more than $400, received between the last day covered in the 
  9.6   last report prior to an election and the election shall be 
  9.7   reported to the board in one of the following ways: 
  9.8      (1) in person within 48 hours after its receipt; 
  9.9      (2) by telegram or mailgram within 48 hours after its 
  9.10  receipt; or 
  9.11     (3) by certified mail sent within 48 hours after its 
  9.12  receipt; 
  9.13     (4) by facsimile transmission received by the board within 
  9.14  48 hours after the contribution was received; or 
  9.15     (5) by any other method of electronic transmission approved 
  9.16  by the board and received by the board within 48 hours after the 
  9.17  contribution was received. 
  9.18     These loans and contributions must also be reported in the 
  9.19  next required report. 
  9.20     The 48-hour notice requirement does not apply with respect 
  9.21  to a primary if the statewide or legislative candidate is 
  9.22  unopposed in that primary. 
  9.23     Sec. 14.  Minnesota Statutes 1996, section 10A.20, 
  9.24  subdivision 12, is amended to read: 
  9.25     Subd. 12.  The board shall notify by certified mail or 
  9.26  personal service any individual who fails to file a statement 
  9.27  required by this section.  If an individual fails to file a 
  9.28  statement due January 31 within seven ten days after receiving a 
  9.29  notice was mailed, the board may impose a late filing fee 
  9.30  of $5 $10 per day, not to exceed $100 $250, commencing on the 
  9.31  eighth 11th day after receiving notice was mailed.  If an 
  9.32  individual fails to file a statement due before any primary or 
  9.33  election within three days of the date due, regardless of 
  9.34  whether the individual has received any notice, the board may 
  9.35  impose a late filing fee of $50 per day, not to exceed $500, 
  9.36  commencing on the fourth day after the date the statement was 
 10.1   due.  The board shall further notify by certified mail or 
 10.2   personal service any individual who fails to file any statement 
 10.3   within 14 days after receiving a first notice from the board 
 10.4   that the individual may be subject to a criminal penalty for 
 10.5   failure to file a statement.  An individual who knowingly fails 
 10.6   to file the statement within seven days after receiving a second 
 10.7   notice from the board is guilty of a misdemeanor.  The late 
 10.8   filing fee may be paid out of the assets of the political 
 10.9   committee or fund.  
 10.10     Sec. 15.  Minnesota Statutes 1996, section 10A.20, is 
 10.11  amended by adding a subdivision to read: 
 10.12     Subd. 15.  [EQUITABLE RELIEF.] A candidate whose opponent 
 10.13  does not timely file the report due ten days before the general 
 10.14  election may petition the district court for immediate equitable 
 10.15  relief to enforce the filing requirement.  
 10.16     Sec. 16.  Minnesota Statutes 1996, section 10A.23, is 
 10.17  amended to read: 
 10.18     10A.23 [CHANGES AND CORRECTIONS.] 
 10.19     Subdivision 1.  [REPORT.] Any material changes in 
 10.20  information previously submitted and any corrections to a report 
 10.21  or statement shall be reported in writing to the board within 
 10.22  ten days following the date of the event prompting the change or 
 10.23  the date upon which the person filing became aware of the 
 10.24  inaccuracy.  The change or correction shall identify the form 
 10.25  and the paragraph containing the information to be changed or 
 10.26  corrected.  If the board determines that a report or statement 
 10.27  is inaccurate or incomplete, the board shall notify by certified 
 10.28  mail the person who filed the report or statement of the need to 
 10.29  correct it. 
 10.30     Subd. 2.  [PENALTY.] If the person fails to file a 
 10.31  corrected report or statement within ten days after:  (1) the 
 10.32  event prompting the change; (2) the date upon which the person 
 10.33  filing became aware of the inaccuracy; or (3) the date the 
 10.34  notice was mailed, the board may impose a late filing fee at the 
 10.35  rate of $10 a day, not to exceed $250, commencing with the 11th 
 10.36  day. 
 11.1      Any person who willfully fails to report a material change 
 11.2   or correction is guilty of a gross misdemeanor. 
 11.3      Sec. 17.  Minnesota Statutes 1996, section 10A.275, 
 11.4   subdivision 1, is amended to read: 
 11.5      Subdivision 1.  [EXCEPTIONS.] Notwithstanding any other 
 11.6   provisions of this chapter, the following expenditures by a 
 11.7   state political party, a party unit, or two or more party units 
 11.8   acting together, with at least one party unit being either:  the 
 11.9   state party organization or the party organization within a 
 11.10  congressional district, county, or legislative district, shall 
 11.11  not be considered contributions to or expenditures on behalf of 
 11.12  any candidate for the purposes of section 10A.25 or 10A.27, and 
 11.13  shall not be allocated to any candidates pursuant to section 
 11.14  10A.22, subdivision 5: 
 11.15     (a) expenditures on behalf of candidates of that party 
 11.16  generally without referring to any of them specifically in any 
 11.17  advertisement published, posted or broadcast; 
 11.18     (b) expenditures for the preparation, display, mailing or 
 11.19  other distribution of an official party sample ballot listing 
 11.20  the names of three or more individuals whose names are to appear 
 11.21  on the ballot; 
 11.22     (c) expenditures for any telephone conversation including 
 11.23  the names of three or more individuals whose names are to appear 
 11.24  on the ballot; 
 11.25     (d) expenditures for any political party fundraising effort 
 11.26  on behalf of three or more candidates; or 
 11.27     (e) expenditures for party committee staff member services 
 11.28  that benefit three or more candidates.  
 11.29     Public subsidy money received from the state and required 
 11.30  to be used for multicandidate political expenditures must be 
 11.31  kept in a separate account and must be used only on behalf of 
 11.32  candidates who are subject to chapter 10A that have filed a 
 11.33  spending limit agreement under section 10A.322.  
 11.34     Sec. 18.  Minnesota Statutes 1996, section 10A.31, 
 11.35  subdivision 7, is amended to read: 
 11.36     Subd. 7.  (a) Within two weeks after certification by the 
 12.1   state canvassing board of the results of the general election, 
 12.2   the board shall distribute the available funds in the general 
 12.3   account, as certified by the commissioner of revenue on November 
 12.4   1 and according to allocations set forth in subdivision 5, in 
 12.5   equal amounts to all candidates for each statewide office who 
 12.6   received at least five percent of the votes cast in the general 
 12.7   election for that office, and to all candidates for legislative 
 12.8   office who received at least ten percent of the votes cast in 
 12.9   the general election for the specific office for which they were 
 12.10  candidates, provided that the public subsidy under this 
 12.11  subdivision may not be paid in an amount that would cause the 
 12.12  sum of the public subsidy paid from the party account plus the 
 12.13  public subsidy paid from the general account and the public 
 12.14  subsidy paid to match independent expenditures to exceed 50 
 12.15  percent of the expenditure limit for the candidate.  If a 
 12.16  candidate is entitled to receive an opponent's share of the 
 12.17  general account public subsidy under section 10A.25, subdivision 
 12.18  10, the opponent's share must be excluded in calculating the 50 
 12.19  percent limit.  Money from the general account not paid to a 
 12.20  candidate because of the 50 percent limit must be distributed 
 12.21  equally among all other qualifying candidates for the same 
 12.22  office until all have reached the 50 percent limit or the 
 12.23  balance in the general account is exhausted.  The board shall 
 12.24  not use the information contained in the report of the principal 
 12.25  campaign committee of any candidate due ten days before the 
 12.26  general election for the purpose of reducing the amount due that 
 12.27  candidate from the general account. 
 12.28     (b) If a candidate has not yet filed a campaign finance 
 12.29  report required by section 10A.20, subdivision 2, or the 
 12.30  candidate owes money to the board, the board shall not pay a 
 12.31  public subsidy to the candidate until the report has been filed 
 12.32  or the debt has been paid, whichever applies.  
 12.33     Sec. 19.  Minnesota Statutes 1996, section 10A.315, is 
 12.34  amended to read: 
 12.35     10A.315 [SPECIAL ELECTION SUBSIDY.] 
 12.36     (a) Each eligible candidate for a legislative office in a 
 13.1   special election must be paid a public subsidy equal to the sum 
 13.2   of: 
 13.3      (1) the party account money at the last general election 
 13.4   for the candidate's party for the office the candidate is 
 13.5   seeking; and 
 13.6      (2) the general account money paid to candidates for the 
 13.7   same office at the last general election.  
 13.8      (b) If the filing period for the special election coincides 
 13.9   with the filing period for the general election, the candidate 
 13.10  must meet the matching requirements of section 10A.323 and the 
 13.11  special election subsidy must be distributed in the same manner 
 13.12  as money is distributed to legislative candidates in a general 
 13.13  election. 
 13.14     (c) If the filing period for the special election does not 
 13.15  coincide with the filing period for the general election, the 
 13.16  procedures in this paragraph apply.  A candidate who wishes to 
 13.17  receive this public subsidy must submit a signed agreement under 
 13.18  section 10A.322 to the board not later than the day after the 
 13.19  candidate files the affidavit of candidacy or nominating 
 13.20  petition for the office.  The candidate must meet the matching 
 13.21  requirements of section 10A.323.  The special election subsidy 
 13.22  must be distributed in the same manner as money in the party and 
 13.23  general accounts is distributed to legislative candidates in a 
 13.24  general election. 
 13.25     (d) The amount necessary to make the payments required by 
 13.26  this subdivision section is appropriated from the general fund 
 13.27  to the state treasurer board. 
 13.28     Sec. 20.  Minnesota Statutes 1996, section 10A.322, 
 13.29  subdivision 1, is amended to read: 
 13.30     Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
 13.31  condition of receiving a public subsidy, a candidate shall sign 
 13.32  and file with the board a written agreement in which the 
 13.33  candidate agrees that the candidate will comply with sections 
 13.34  10A.25 and 10A.324. 
 13.35     (b) Before the first day of filing for office, the board 
 13.36  shall forward agreement forms to all filing officers.  The board 
 14.1   shall also provide agreement forms to candidates on request at 
 14.2   any time.  The candidate may sign an agreement and submit it to 
 14.3   the filing officer on the day of filing an affidavit of 
 14.4   candidacy or petition to appear on the ballot, in which case the 
 14.5   filing officer shall without delay forward signed agreements to 
 14.6   the board.  Alternatively, the candidate may submit the 
 14.7   agreement directly to the board at any time before September 1 
 14.8   preceding the general election.  An agreement may not be filed 
 14.9   after that date.  An agreement once filed may not be rescinded. 
 14.10     (c) The board shall forward a copy of any agreement signed 
 14.11  under this subdivision to the commissioner of revenue.  
 14.12     (d) Notwithstanding any provisions of this section, when a 
 14.13  vacancy occurs that will be filled by means of a special 
 14.14  election and the filing period does not coincide with the filing 
 14.15  period for the general election, a candidate may sign and submit 
 14.16  a spending limit agreement at any time before the deadline for 
 14.17  submission of a signed agreement under section 10A.315. 
 14.18     (e) A candidate who fills a vacancy in nomination that 
 14.19  occurs after the deadline in paragraph (b) may file a spending 
 14.20  limit agreement no later than the day after the candidate fills 
 14.21  the vacancy.  
 14.22     Sec. 21.  Minnesota Statutes 1996, section 10A.322, 
 14.23  subdivision 4, is amended to read: 
 14.24     Subd. 4.  [REFUND RECEIPT FORMS; PENALTY.] The board shall 
 14.25  make available to a political party as defined in section 
 14.26  290.06, subdivision 23, on request and to any candidate for whom 
 14.27  an agreement under this section is effective, a supply of 
 14.28  official refund receipt forms that state in boldface type that 
 14.29  (1) a contributor who is given a receipt form is eligible to 
 14.30  claim a refund as provided in section 290.06, subdivision 23, 
 14.31  and (2) if the contribution is to a candidate, that the 
 14.32  candidate has signed an agreement to limit campaign expenditures 
 14.33  as provided in this section.  The forms must provide duplicate 
 14.34  copies of the receipt to be attached to the contributor's 
 14.35  claim.  A candidate who does not sign an agreement under this 
 14.36  section and who willfully issues an official refund receipt form 
 15.1   or a facsimile of one to any of the candidate's contributors is 
 15.2   guilty of a misdemeanor.  A principal campaign committee or 
 15.3   party unit shall return to the board with its termination report 
 15.4   or destroy any official receipt forms that have not been issued. 
 15.5      Sec. 22.  Minnesota Statutes 1996, section 10A.324, 
 15.6   subdivision 1, is amended to read: 
 15.7      Subdivision 1.  [WHEN RETURN REQUIRED.] A candidate shall 
 15.8   return all or a portion of the public subsidy received from the 
 15.9   state elections campaign fund or the public matching subsidy 
 15.10  received under section 10A.315, under the circumstances in this 
 15.11  section or section 10A.25, subdivision 11. 
 15.12     (a) To the extent that the amount of public subsidy 
 15.13  received by the candidate exceeds the expenditure limits for the 
 15.14  office held or sought, as provided in section 10A.25 and as 
 15.15  adjusted by section 10A.255, the treasurer of the candidate's 
 15.16  principal campaign committee shall return the excess to the 
 15.17  board. 
 15.18     (b) To the extent that the amount of public subsidy 
 15.19  received exceeds the aggregate of:  (1) actual expenditures made 
 15.20  by the principal campaign committee of the candidate; and (2) 
 15.21  approved expenditures made on behalf of the candidate, the 
 15.22  treasurer of the candidate's principal campaign committee shall 
 15.23  return an amount equal to the difference to the board. 
 15.24     (c) If the board determines that a candidate has filed an 
 15.25  affidavit of matching contributions under section 10A.323 that 
 15.26  is not supported by the campaign finance reports filed by the 
 15.27  candidate under section 10A.20, the board shall notify the 
 15.28  treasurer of the candidate's principal campaign committee, 
 15.29  withhold any public subsidy not yet paid to the candidate, and 
 15.30  demand return of any public subsidy paid to the candidate for 
 15.31  that election cycle.  The treasurer shall return the entire 
 15.32  public subsidy to the board.  
 15.33     Sec. 23.  Minnesota Statutes 1996, section 10A.34, is 
 15.34  amended to read: 
 15.35     10A.34 [REMEDIES.] 
 15.36     Subdivision 1.  [PERSONAL LIABILITY.] A person charged with 
 16.1   a duty under sections 10A.02 to 10A.34 shall be this chapter is 
 16.2   personally liable for the penalty for failing to discharge it. 
 16.3      Subd. 1a.  [RECOVERY OF MONEY.] The board may bring an 
 16.4   action in the district court in Ramsey county to recover any 
 16.5   late filing fee or civil penalty imposed or public subsidy paid 
 16.6   pursuant to any provision of this chapter.  All money recovered 
 16.7   shall be deposited in the general fund of the state. 
 16.8      Subd. 2.  [INJUNCTION.] The board or a county attorney may 
 16.9   seek an injunction in the district court to enforce the 
 16.10  provisions of sections 10A.02 to 10A.34 this chapter. 
 16.11     Subd. 3.  [CIVIL PENALTY.] Unless otherwise provided, a 
 16.12  violation of sections 10A.02 to 10A.34 this chapter is not a 
 16.13  crime, but is subject to a civil penalty imposed by the board in 
 16.14  an amount up to $100. 
 16.15     Subd. 4.  [AWARD OF COSTS.] If the board prevails in an 
 16.16  action to enforce this chapter, the board may request and the 
 16.17  court may award to the board its costs, disbursements, 
 16.18  reasonable attorney fees, and witness fees.  
 16.19     Sec. 24.  Minnesota Statutes 1996, section 200.02, is 
 16.20  amended by adding a subdivision to read: 
 16.21     Subd. 23.  [POLITICAL PARTY UNIT.] "Political party unit" 
 16.22  means the state party organization; the party organization 
 16.23  within a house of the legislature; or the party organization 
 16.24  within a congressional district, county, legislative district, 
 16.25  municipality, or precinct. 
 16.26     Sec. 25.  Minnesota Statutes 1996, section 211A.02, 
 16.27  subdivision 2, is amended to read: 
 16.28     Subd. 2.  [INFORMATION REQUIRED.] The report to be filed by 
 16.29  a candidate or committee must include:  
 16.30     (1) the name of the candidate or ballot question; 
 16.31     (2) the name and address of the person responsible for 
 16.32  filing the report; 
 16.33     (3) the total amount of receipts and expenditures for the 
 16.34  period from the last previous report to five days before the 
 16.35  current report is due; 
 16.36     (4) the purpose for each expenditure; and 
 17.1      (5) the name of any individual or committee that during the 
 17.2   year has made one or more contributions that in the aggregate 
 17.3   are equal to or greater more than $500 $100.  
 17.4      Sec. 26.  Minnesota Statutes 1997 Supplement, section 
 17.5   211A.12, is amended to read: 
 17.6      211A.12 [CONTRIBUTION LIMITS.] 
 17.7      Subdivision 1.  [INDIVIDUALS AND COMMITTEES.] A candidate 
 17.8   or a candidate's committee may not accept aggregate 
 17.9   contributions made or delivered by an individual or committee in 
 17.10  excess of $300 in an election year for the office sought and 
 17.11  $100 in other years; except that a candidate or a candidate's 
 17.12  committee for an office whose territory has a population over 
 17.13  100,000 may not accept aggregate contributions made or delivered 
 17.14  by an individual or committee in excess of $500 in an election 
 17.15  year for the office sought and $100 in other years.  
 17.16     The following deliveries are not subject to the bundling 
 17.17  limitation in this section:  
 17.18     (1) delivery of contributions collected by a member of the 
 17.19  candidate's committee, such as a block worker or a volunteer who 
 17.20  hosts a fundraising event, to the committee's treasurer; and 
 17.21     (2) a delivery made by an individual on behalf of the 
 17.22  individual's spouse. 
 17.23     Notwithstanding sections 211A.02, subdivision 3, and 
 17.24  410.21, this section supersedes any home rule charter.  
 17.25     Subd. 2.  [POLITICAL PARTY UNITS.] A candidate and a 
 17.26  candidate's committee together may accept contributions from 
 17.27  political party units in aggregate up to ten times the amount 
 17.28  that may be contributed to the candidate as set forth in 
 17.29  subdivision 1. 
 17.30     Sec. 27.  Minnesota Statutes 1996, section 211B.02, is 
 17.31  amended to read: 
 17.32     211B.02 [FALSE CLAIM OF SUPPORT.] 
 17.33     A person or candidate may not knowingly make, directly or 
 17.34  indirectly, a false claim stating or implying that a candidate 
 17.35  or ballot question has the support or endorsement of a major 
 17.36  political party or party unit or of an organization.  A person 
 18.1   or candidate may not state in written campaign material that the 
 18.2   candidate or ballot question has the support or endorsement of 
 18.3   an individual or organization without first getting written 
 18.4   permission from the individual or organization to do so. 
 18.5      Sec. 28.  Minnesota Statutes 1997 Supplement, section 
 18.6   290.06, subdivision 23, is amended to read: 
 18.7      Subd. 23.  [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES 
 18.8   AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the 
 18.9   amount of the taxpayer's contributions made in the calendar year 
 18.10  to candidates and to any political party.  The maximum refund 
 18.11  for an individual must not exceed $50 and, for a married couple 
 18.12  filing jointly, must not exceed $100.  A refund of a 
 18.13  contribution is allowed only if the taxpayer files a form 
 18.14  required by the commissioner and attaches to the form a copy of 
 18.15  an official refund receipt form issued by the candidate or party 
 18.16  and signed by the candidate, the treasurer of the candidate's 
 18.17  principal campaign committee, or the party chair, after the 
 18.18  contribution was received.  The receipt forms must be numbered, 
 18.19  and the data on the receipt that are not public must be made 
 18.20  available to the campaign finance and public disclosure board 
 18.21  upon its request.  A claim must be filed with the commissioner 
 18.22  not sooner than January 1 of the calendar year in which the 
 18.23  contribution is made and no later than April 15 of the calendar 
 18.24  year following the calendar year in which the contribution is 
 18.25  made.  A taxpayer may file only one claim per calendar year.  
 18.26  Amounts paid by the commissioner after June 15 of the calendar 
 18.27  year following the calendar year in which the contribution is 
 18.28  made must include interest at the rate specified in section 
 18.29  270.76. 
 18.30     (b) No refund is allowed under this subdivision for a 
 18.31  contribution to any candidate unless the candidate: 
 18.32     (1) has signed an agreement to limit campaign expenditures 
 18.33  as provided in section 10A.322 or 10A.43; 
 18.34     (2) is seeking an office for which voluntary spending 
 18.35  limits are specified in section 10A.25 or 10A.43; and 
 18.36     (3) has designated a principal campaign committee.  
 19.1      This subdivision does not limit the campaign expenditure of 
 19.2   a candidate who does not sign an agreement but accepts a 
 19.3   contribution for which the contributor improperly claims a 
 19.4   refund.  
 19.5      (c) For purposes of this subdivision, "political party" 
 19.6   means a major political party as defined in section 200.02, 
 19.7   subdivision 7, or a minor political party qualifying for 
 19.8   inclusion on the income tax or property tax refund form under 
 19.9   section 10A.31, subdivision 3a.  
 19.10     A "major or minor party" includes the aggregate of the 
 19.11  party organization within each house of the legislature, the 
 19.12  state party organization, and the party organization within 
 19.13  congressional districts, counties, and legislative districts, 
 19.14  municipalities, and precincts.  
 19.15     "Candidate" means a congressional candidate as defined in 
 19.16  section 10A.41, subdivision 4, or a candidate as defined in 
 19.17  section 10A.01, subdivision 5, except a candidate for judicial 
 19.18  office.  
 19.19     "Contribution" means a gift of money. 
 19.20     (d) The commissioner shall make copies of the form 
 19.21  available to the public and candidates upon request. 
 19.22     (e) The following data collected or maintained by the 
 19.23  commissioner under this subdivision are private:  the identities 
 19.24  of individuals claiming a refund, the identities of candidates 
 19.25  to whom those individuals have made contributions, and the 
 19.26  amount of each contribution.  
 19.27     (f) The commissioner shall report to the campaign finance 
 19.28  and public disclosure board by August 1 of each year a summary 
 19.29  showing the total number and aggregate amount of political 
 19.30  contribution refunds made on behalf of each candidate and each 
 19.31  political party.  These data are public. 
 19.32     (g) The amount necessary to pay claims for the refund 
 19.33  provided in this section is appropriated from the general fund 
 19.34  to the commissioner of revenue. 
 19.35     Sec. 29.  [TRANSITION.] 
 19.36     If the ethical practices board or the board of campaign 
 20.1   finance and public disclosure gave an official refund receipt 
 20.2   form under Minnesota Statutes, section 10A.322, subdivision 1, 
 20.3   before February 10, 1998, to a political party as defined in 
 20.4   Minnesota Statutes, section 10A.01, subdivision 17, and the 
 20.5   political party gave the receipt to an individual for a 
 20.6   contribution before March 15, 1998, the individual is eligible 
 20.7   to receive a political contribution refund, notwithstanding that 
 20.8   the political party was not a political party as defined in 
 20.9   Minnesota Statutes, section 290.06, subdivision 23. 
 20.10     Sec. 30.  [REPEALER.] 
 20.11     Minnesota Statutes 1996, section 10A.09, subdivision 3, is 
 20.12  repealed. 
 20.13     Sec. 31.  [EFFECTIVE DATE.] 
 20.14     This act is effective August 1, 1998, except that section 
 20.15  25 is effective January 1, 1999, and section 29 is effective the 
 20.16  day following final enactment.  Section 27 applies to offenses 
 20.17  committed on and after August 1, 1998.