HF 2058

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; expanding membership and staff 
  1.3             of the Campaign Finance and Public Disclosure Board; 
  1.4             creating administrative remedy for violations of fair 
  1.5             campaign practices in state and local elections; 
  1.6             repealing mandate that county attorney investigate 
  1.7             violations of voter registration laws and fair 
  1.8             campaign practices; appropriating money; amending 
  1.9             Minnesota Statutes 2002, sections 10A.02, subdivisions 
  1.10            1, 2, 3, 5, 7, 12; 201.27, subdivision 2; 211A.05, 
  1.11            subdivision 2; Minnesota Statutes 2003 Supplement, 
  1.12            section 204B.11, subdivision 1; proposing coding for 
  1.13            new law in Minnesota Statutes, chapters 10A; 211A; 
  1.14            211B; repealing Minnesota Statutes 2002, sections 
  1.15            201.275; 211A.08, subdivisions 1, 2; 211B.16, 
  1.16            subdivisions 1, 2.  
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 2002, section 10A.02, 
  1.19  subdivision 1, is amended to read: 
  1.20     Subdivision 1.  [MEMBERSHIP.] The Campaign Finance and 
  1.21  Public Disclosure Board is composed of six nine members.  The 
  1.22  governor must appoint the members with the advice and consent of 
  1.23  three-fifths of both the senate and the house of representatives 
  1.24  acting separately.  If either house fails to confirm the 
  1.25  appointment of a board member within 45 legislative days after 
  1.26  appointment or by adjournment sine die, whichever occurs first, 
  1.27  the appointment terminates on the day following the 45th 
  1.28  legislative day or on adjournment sine die, whichever occurs 
  1.29  first.  If either house votes not to confirm an appointment, the 
  1.30  appointment terminates on the day following the vote not to 
  1.31  confirm.  Two members must be former members of the legislature 
  2.1   who support different political parties; two three members must 
  2.2   be persons who have not been public officials, held any 
  2.3   political party office other than precinct delegate, or been 
  2.4   elected to public office for which party designation is required 
  2.5   by statute in the three years preceding the date of their 
  2.6   appointment; and the other two four members must support 
  2.7   different political parties.  No more than three of the members 
  2.8   of the board may support the same political party.  No member of 
  2.9   the board may currently serve as a lobbyist. 
  2.10     Sec. 2.  Minnesota Statutes 2002, section 10A.02, 
  2.11  subdivision 2, is amended to read: 
  2.12     Subd. 2.  [VACANCY; TERMS.] An appointment to fill a 
  2.13  vacancy is made only for the unexpired term of a member who is 
  2.14  being replaced and the appointee must meet the same stated 
  2.15  qualifications as the member being replaced.  The membership 
  2.16  terms, compensation, and removal of members on the board are as 
  2.17  provided in section 15.0575, except that the extension of terms 
  2.18  and the filling of vacancies are subject to the advice and 
  2.19  consent of the legislature in the same manner as provided in 
  2.20  subdivision 1, and that the compensation for a member attending 
  2.21  an expedited hearing under section 10A.63 is $100 per day. 
  2.22     Sec. 3.  Minnesota Statutes 2002, section 10A.02, 
  2.23  subdivision 3, is amended to read: 
  2.24     Subd. 3.  [VOTE REQUIRED.] The concurring vote of four six 
  2.25  members of the board is required to decide any matter before the 
  2.26  board. 
  2.27     Sec. 4.  Minnesota Statutes 2002, section 10A.02, 
  2.28  subdivision 5, is amended to read: 
  2.29     Subd. 5.  [EXECUTIVE DIRECTOR; STAFF.] The board must 
  2.30  appoint an executive director.  The executive director is in the 
  2.31  unclassified service.  The executive director serves as 
  2.32  secretary of the board and must keep a record of all proceedings 
  2.33  and actions by the board.  The board may also employ and 
  2.34  prescribe the duties of other permanent or temporary employees 
  2.35  in the unclassified service as may be necessary to administer 
  2.36  this chapter, subject to appropriation.  Notwithstanding section 
  3.1   8.06, the board may employ one or more attorneys to assist in 
  3.2   the performance of its duties without the approval of the 
  3.3   attorney general.  The executive director and all other 
  3.4   employees serve at the pleasure of the board.  Expenses of the 
  3.5   board must be approved by the chair or another member as the 
  3.6   rules of the board may provide and the expenses must then be 
  3.7   paid in the same manner as other state expenses are paid. 
  3.8      Sec. 5.  Minnesota Statutes 2002, section 10A.02, 
  3.9   subdivision 7, is amended to read: 
  3.10     Subd. 7.  [POLITICAL ACTIVITY.] (a) All members and 
  3.11  employees of the board are subject to any provisions of law 
  3.12  regulating political activity by state employees.  In addition, 
  3.13  no member or employee of the board may be a candidate for, or 
  3.14  holder of, (1) a national, state, congressional district, 
  3.15  legislative district, county, or precinct office in a political 
  3.16  party, or (2) an elected public office for which party 
  3.17  designation is required by statute.  
  3.18     (b) A member or employee of the board must not serve on a 
  3.19  committee supporting or opposing a candidate or ballot question 
  3.20  and must not make a contribution to or solicit a contribution on 
  3.21  behalf of a candidate, political committee, political fund, 
  3.22  party unit, or ballot question.  For purposes of this paragraph, 
  3.23  "candidate" includes a state candidate, as defined in section 
  3.24  10A.01, subdivision 10, a local candidate, as defined in section 
  3.25  211A.01, subdivision 3, and a candidate for federal office. 
  3.26     Sec. 6.  Minnesota Statutes 2002, section 10A.02, 
  3.27  subdivision 12, is amended to read: 
  3.28     Subd. 12.  [ADVISORY OPINIONS.] (a) The board may issue and 
  3.29  publish advisory opinions on the requirements of this chapter or 
  3.30  chapter 211A or 211B based upon real or hypothetical 
  3.31  situations.  An application for an advisory opinion may be made 
  3.32  only by an individual or association who wishes to use the 
  3.33  opinion to guide the individual's or the association's own 
  3.34  conduct.  The board must issue written opinions on all such 
  3.35  questions submitted to it within 30 days after receipt of 
  3.36  written application, unless a majority of the board agrees to 
  4.1   extend the time limit.  
  4.2      (b) A written advisory opinion issued by the board is 
  4.3   binding on the board in a subsequent board proceeding concerning 
  4.4   the person making or covered by the request and is a defense in 
  4.5   a judicial proceeding that involves the subject matter of the 
  4.6   opinion and is brought against the person making or covered by 
  4.7   the request unless: 
  4.8      (1) the board has amended or revoked the opinion before the 
  4.9   initiation of the board or judicial proceeding, has notified the 
  4.10  person making or covered by the request of its action, and has 
  4.11  allowed at least 30 days for the person to do anything that 
  4.12  might be necessary to comply with the amended or revoked 
  4.13  opinion; 
  4.14     (2) the request has omitted or misstated material facts; or 
  4.15     (3) the person making or covered by the request has not 
  4.16  acted in good faith in reliance on the opinion. 
  4.17     (c) A request for an opinion and the opinion itself are 
  4.18  nonpublic data.  The board, however, may publish an opinion or a 
  4.19  summary of an opinion, but may not include in the publication 
  4.20  the name of the requester, the name of a person covered by a 
  4.21  request from an agency or political subdivision, or any other 
  4.22  information that might identify the requester, unless the person 
  4.23  consents to the inclusion. 
  4.24     Sec. 7.  [10A.61] [COMPLAINTS OF UNFAIR CAMPAIGN 
  4.25  PRACTICES.] 
  4.26     Subdivision 1.  [ADMINISTRATIVE REMEDY; EXHAUSTION.] A 
  4.27  complaint alleging a violation of chapter 211A or 211B or 
  4.28  sections 383B.041 to 383B.058 must be filed with the board.  The 
  4.29  complaint must be finally disposed of by the board, or a panel 
  4.30  of the board, before the alleged violation may be prosecuted by 
  4.31  a county attorney. 
  4.32     Subd. 2.  [LIMITATION ON FILING.] The complaint must be 
  4.33  filed within one year after the occurrence of the act or failure 
  4.34  to act that is the subject of the complaint, except that if the 
  4.35  act or failure to act involves fraud, concealment, or 
  4.36  misrepresentation that was not discovered during that one-year 
  5.1   period, the complaint may be filed within one year after the 
  5.2   fraud, concealment, or misrepresentation was discovered. 
  5.3      Subd. 3.  [FORM OF COMPLAINT.] The complaint must be in 
  5.4   writing, under oath, and based on reliable information.  The 
  5.5   board may prescribe the form of a complaint. 
  5.6      Subd. 4.  [PROOF OF CLAIM.] The burden of proving the 
  5.7   allegations in the complaint is on the complainant.  The 
  5.8   standard of proof of a violation of section 211B.06, relating to 
  5.9   false statements in paid political advertising or campaign 
  5.10  material, is clear and convincing evidence.  The standard of 
  5.11  proof of any other violation of chapter 211A or 211B or sections 
  5.12  383B.041 to 383B.058 is a preponderance of the evidence. 
  5.13     Subd. 5.  [FILING FEE; WAIVER.] (a) The complaint must be 
  5.14  accompanied by a filing fee of $50, unless filed by a filing 
  5.15  officer under section 211A.05, subdivision 2.  
  5.16     (b) The board may waive the payment of the filing fee.  An 
  5.17  individual seeking a waiver of the fee must file with the board 
  5.18  an affidavit stating that the individual is financially unable 
  5.19  to pay the fee because the individual is receiving public 
  5.20  assistance or has an annual income not greater than 125 percent 
  5.21  of the poverty line established under United States Code, title 
  5.22  42, section 9902(2), or because of another good and sufficient 
  5.23  reason.  
  5.24     Subd. 6.  [REQUEST TO EXPEDITE.] If the complaint is filed 
  5.25  within 60 days before the primary or special election, or within 
  5.26  90 days before the general election to which the complaint 
  5.27  relates, the complainant may file with the board a request for 
  5.28  an expedited hearing under section 10A.63. 
  5.29     Subd. 7.  [SERVICE ON RESPONDENT.] Upon receipt of the 
  5.30  filed complaint, the board must serve a copy of the complaint on 
  5.31  the respondent. 
  5.32     Sec. 8.  [10A.62] [REVIEW BY ATTORNEY.] 
  5.33     Subdivision 1.  [TIME FOR REVIEW.] When practicable, within 
  5.34  one business day after the complaint was filed with the board, 
  5.35  an attorney employed by the board must review the complaint and 
  5.36  make a recommendation to the board for its disposition. 
  6.1      Subd. 2.  [RECOMMENDATION.] (a) If the attorney determines 
  6.2   that the complaint does not set forth a violation of chapter 
  6.3   211A or 211B or sections 383B.041 to 383B.058, the 
  6.4   recommendation must be to dismiss the complaint.  The board may 
  6.5   dismiss the complaint without a hearing, as provided in section 
  6.6   10A.65, subdivision 2. 
  6.7      (b) If the attorney determines that the complaint sets 
  6.8   forth a violation of section 211B.06 and that the complaint was 
  6.9   filed within 60 days before the primary or special election or 
  6.10  within 90 days before the general election to which the 
  6.11  complaint relates, the recommendation must be that the complaint 
  6.12  receive an expedited hearing under section 10A.63. 
  6.13     (c) If the attorney determines that the complaint sets 
  6.14  forth a violation of a provision of chapter 211A or 211B, other 
  6.15  than section 211B.06, or sections 383B.041 to 383B.058, and that 
  6.16  the complaint was filed within 60 days before the primary or 
  6.17  special election or within 90 days before the general election 
  6.18  to which the complaint relates, the attorney may recommend that 
  6.19  the complaint receive an expedited hearing under section 
  6.20  10A.63.  If the complaint was accompanied by a request from the 
  6.21  complainant for an expedited hearing, the attorney must note the 
  6.22  request along with the recommendation.  In making the 
  6.23  recommendation for an expedited hearing, the attorney must 
  6.24  consider the gravity and urgency of the complaint and the number 
  6.25  of complaints pending before panels of the board. 
  6.26     (d) If the complaint is not disposed of under paragraphs 
  6.27  (a) to (c), the attorney must recommend that it be heard by the 
  6.28  board under section 10A.64.  
  6.29     Subd. 3.  [NOTICE TO PARTIES.] The board must notify all 
  6.30  parties to the complaint of the recommendation made under 
  6.31  subdivision 2. 
  6.32     Subd. 4.  [JOINDER AND SEPARATION OF COMPLAINTS.] The 
  6.33  attorney may join two or more complaints if the attorney 
  6.34  determines that the allegations in each complaint are of the 
  6.35  same or similar character, are based on the same act or failure 
  6.36  to act, or are based on two or more acts or failures to act 
  7.1   constituting parts of a common scheme or plan.  If one complaint 
  7.2   contains two or more allegations, the attorney may separate the 
  7.3   allegations if they are not of the same or similar character, if 
  7.4   they are not based on the same act or failure to act, or if they 
  7.5   are not based on two or more acts or failures to act 
  7.6   constituting parts of a common scheme or plan.  If the attorney 
  7.7   separates the allegations in a complaint, the attorney may make 
  7.8   separate recommendations under subdivision 2 for each allegation.
  7.9      Sec. 9.  [10A.63] [EXPEDITED HEARING.] 
  7.10     Subdivision 1.  [ACTION ON RECOMMENDATION.] If the attorney 
  7.11  has recommended under section 10A.62, subdivision 2, paragraph 
  7.12  (b), that the complaint receive an expedited hearing, the board 
  7.13  chair must schedule it for an expedited hearing.  If the 
  7.14  attorney has recommended under section 10A.62, subdivision 2, 
  7.15  paragraph (c), that the complaint receive an expedited hearing, 
  7.16  or if the attorney has recommended under section 10A.62, 
  7.17  subdivision 2, paragraph (d), that the complaint be heard by the 
  7.18  board without an expedited hearing, the recommendation must be 
  7.19  submitted to all the members of the board.  The board chair, or 
  7.20  any three other members of the board, may instruct the executive 
  7.21  director to schedule it for an expedited hearing. 
  7.22     Subd. 2.  [APPOINTMENT OF PANEL.] The board chair must 
  7.23  select by lot a panel of at least three members of the board, no 
  7.24  more than half of whom support the same political party, to hear 
  7.25  the complaint and determine whether there is probable cause to 
  7.26  refer the complaint to the full board for a hearing under 
  7.27  section 10A.64.  
  7.28     Subd. 3.  [HEARING.] The panel must hold one expedited 
  7.29  public hearing on the complaint no later than two business days 
  7.30  after the attorney made the recommendation for an expedited 
  7.31  hearing, except that for good cause the panel may hold the 
  7.32  hearing no later than seven days after the attorney made the 
  7.33  recommendation.  This deadline may be extended by agreement of 
  7.34  all parties to the complaint, but the hearing must be held not 
  7.35  later than 90 days after the complaint was filed.  The hearing 
  7.36  may be conducted by a conference telephone call that meets all 
  8.1   the requirements of section 13D.02 for public meetings by 
  8.2   interactive television, except that it need not meet the 
  8.3   requirement that participants be able to see each other.  All 
  8.4   members of the panel must be present, either in person or by 
  8.5   electronic means, before any official action may be taken.  A 
  8.6   vote of a majority of all members of the panel is required for 
  8.7   any official action. 
  8.8      Subd. 4.  [DISPOSITION.] At the expedited hearing, the 
  8.9   panel must make only one of the following determinations: 
  8.10     (a) There is no probable cause to believe that the 
  8.11  violation of law alleged in the complaint has occurred.  If the 
  8.12  panel so determines by a unanimous vote of all the members, it 
  8.13  must dismiss the complaint.  Otherwise, it must forward the 
  8.14  complaint to the board for dismissal under section 10A.65, 
  8.15  subdivision 2.  
  8.16     (b) There is probable cause to believe that the violation 
  8.17  of law alleged in the complaint has occurred.  If the panel so 
  8.18  determines, it must refer the complaint to the board.  The board 
  8.19  must hear the complaint under section 10A.64 within ten days 
  8.20  after the panel referred the complaint to it. 
  8.21     (c) The evidence is insufficient for the panel to make a 
  8.22  determination under paragraph (a) or (b) and further 
  8.23  investigation of the complaint is necessary.  If the panel 
  8.24  requests an investigation, it may consider the results of the 
  8.25  investigation or it may refer the complaint to the board and the 
  8.26  board must hold a hearing under section 10A.64. 
  8.27     Subd. 5.  [RECONSIDERATION.] (a) If the panel dismisses the 
  8.28  complaint, the complainant may petition the board to reconsider 
  8.29  the dismissal at a hearing under section 10A.64.  A petition for 
  8.30  reconsideration must be filed within two business days after the 
  8.31  dismissal.  The board must render its decision on the petition 
  8.32  within three business days after receiving the petition.  If the 
  8.33  petition for reconsideration is granted, the board must hear the 
  8.34  complaint under section 10A.64 within five business days after 
  8.35  granting the petition. 
  8.36     (b) If the petition for reconsideration is not granted, the 
  9.1   board may order the complainant who filed the petition to pay 
  9.2   the respondent's reasonable attorney fees and to pay the costs 
  9.3   of the panel that dismissed the complaint as determined by the 
  9.4   board. 
  9.5      Sec. 10.  [10A.64] [HEARING BY BOARD.] 
  9.6      Subdivision 1.  [REVIEW BY BOARD.] The board must review 
  9.7   each complaint referred to it by an attorney under section 
  9.8   10A.62 or by a panel under section 10A.63.  The board may 
  9.9   dismiss the complaint under section 10A.65, subdivision 2.  If 
  9.10  the board decides that the evidence is insufficient for it to 
  9.11  determine whether the violation alleged in the complaint has 
  9.12  occurred, the board may request an investigation.  
  9.13     Subd. 2.  [DEADLINE FOR HEARING.] Unless dismissed, or 
  9.14  expedited under section 10A.63, the board must hold its first 
  9.15  hearing on each complaint within the following times: 
  9.16     (1) 30 days after the complaint was filed, if the complaint 
  9.17  was filed within 60 days before the primary or special election 
  9.18  or within 90 days before the general election to which the 
  9.19  complaint relates; or 
  9.20     (2) 90 days after the complaint was filed, if it was filed 
  9.21  at any other time.  
  9.22     For good cause shown, the board may extend either of these 
  9.23  deadlines by 60 days. 
  9.24     Subd. 3.  [HEARING.] The hearing must be conducted in 
  9.25  public. 
  9.26     Subd. 4.  [DISPOSITION OF COMPLAINT.] At or within 14 days 
  9.27  after the hearing, the board must determine whether the 
  9.28  violation alleged in the complaint occurred and must do one or 
  9.29  more of the following: 
  9.30     (a) The board may dismiss the complaint under section 
  9.31  10A.65, subdivision 2.  
  9.32     (b) The board may determine that the evidence is 
  9.33  insufficient for it to determine whether the violation alleged 
  9.34  in the complaint occurred and request that an investigation be 
  9.35  conducted as provided in subdivision 1. 
  9.36     (c) The board may issue a reprimand.  
 10.1      (d) The board may find that a statement made in a paid 
 10.2   advertisement or campaign material violated section 211B.06. 
 10.3      (e) The board may impose a civil penalty for any violation 
 10.4   of chapter 211A or 211B or sections 383B.041 to 383B.058.  The 
 10.5   amount of the civil penalty imposed by the board may be up to 
 10.6   $3,000. 
 10.7      (f) The board may refer the complaint to the appropriate 
 10.8   county attorney for prosecution. 
 10.9      Subd. 5.  [FILING FEE.] If the board finds under 
 10.10  subdivision 4, paragraph (d), that a statement violated section 
 10.11  211B.16, or if the board imposes a civil penalty under 
 10.12  subdivision 4, paragraph (e), the board must refund the filing 
 10.13  fee to the complainant and assess the amount of the filing fee 
 10.14  against the respondent.  If the complaint was filed by a filing 
 10.15  officer under section 211A.05, subdivision 2, the board must 
 10.16  impose a filing fee on a respondent found in violation of 
 10.17  chapter 211A. 
 10.18     Sec. 11.  [10A.65] [PROCEDURES.] 
 10.19     Subdivision 1.  [WITHDRAWAL OF COMPLAINT.] A complainant 
 10.20  may withdraw a complaint filed under section 10A.61 at any time 
 10.21  before the hearing without the permission of the board or at any 
 10.22  time after the hearing begins with the permission of the board. 
 10.23     Subd. 2.  [DISMISSAL OF COMPLAINT.] The board may at any 
 10.24  time dismiss a complaint filed under section 10A.61 that is 
 10.25  pending before it or before a panel of the board.  If the board 
 10.26  determines that the complaint was frivolous, the board may order 
 10.27  the complainant to pay the respondent's reasonable attorney fees 
 10.28  and to pay the costs of the board as determined by the board. 
 10.29     Subd. 3.  [OPEN MEETINGS.] While a complaint filed under 
 10.30  section 10A.61 is pending before the board or a panel of the 
 10.31  board, the members of the board must not discuss the complaint 
 10.32  with a party to the complaint, an attorney representing a party 
 10.33  to the complaint, or an investigator for the board except at a 
 10.34  meeting of the board subject to the Open Meeting Law, chapter 
 10.35  13D.  The board, but not a panel of the board, may close a 
 10.36  meeting to deliberate on a complaint under section 10A.64, 
 11.1   subdivision 4.  All votes must be made a part of the public 
 11.2   record and all proceedings on the complaint, except as provided 
 11.3   in this subdivision, must be open. 
 11.4      Sec. 12.  Minnesota Statutes 2002, section 201.27, 
 11.5   subdivision 2, is amended to read: 
 11.6      Subd. 2.  [KNOWLEDGE OF VIOLATION.] A deputy, clerk, 
 11.7   employee, or other subordinate of a county auditor or municipal 
 11.8   or school district clerk who has knowledge or reason to believe 
 11.9   that a violation of this chapter has occurred shall immediately 
 11.10  transmit a report of the knowledge or belief to the county 
 11.11  auditor or municipal or school district clerk, together with any 
 11.12  possessed evidence of the violation.  Any county auditor or 
 11.13  municipal or school district clerk who has knowledge or reason 
 11.14  to believe that a violation of this chapter has occurred shall 
 11.15  immediately transmit a report of the knowledge or belief to the 
 11.16  county attorney of the county where the violation is thought to 
 11.17  have occurred, together with any possessed evidence of the 
 11.18  violation.  The county auditor or municipal or school district 
 11.19  clerk shall also immediately send a copy of the report to the 
 11.20  secretary of state.  The county attorney may prosecute any 
 11.21  violation of this chapter.  A violation of this subdivision is a 
 11.22  misdemeanor. 
 11.23     Sec. 13.  Minnesota Statutes 2003 Supplement, section 
 11.24  204B.11, subdivision 1, is amended to read: 
 11.25     Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
 11.26  Except as provided by subdivision 2, a filing fee shall be paid 
 11.27  by each candidate who files an affidavit of candidacy.  The fee 
 11.28  shall be paid at the time the affidavit is filed.  The amount of 
 11.29  the filing fee shall vary with the office sought as follows: 
 11.30     (a) (1) for the office of governor, and lieutenant 
 11.31  governor, $300, plus a fair campaign fee of $...; 
 11.32     (2) for the office of attorney general, $300, plus a fair 
 11.33  campaign fee of $...; 
 11.34     (3) for the office of state auditor, or secretary of 
 11.35  state, $300, plus a fair campaign fee of $...; 
 11.36     (4) for the office of representative in Congress, $300, 
 12.1   plus a fair campaign fee of $...; 
 12.2      (5) for the office of judge of the Supreme Court, or judge 
 12.3   of the Court of Appeals, or $300, plus a fair campaign fee of 
 12.4   $...; 
 12.5      (6) for judge of the district court, $300, plus a fair 
 12.6   campaign fee of $...; 
 12.7      (b) (7) for the office of senator in Congress, $400, plus a 
 12.8   fair campaign fee of $...; 
 12.9      (c) (8) for the office of senator or representative in the 
 12.10  legislature, $100, plus a fair campaign fee of $...; 
 12.11     (9) for the office of representative in the legislature, 
 12.12  $100, plus a fair campaign fee of $...; 
 12.13     (d) (10) for a county office, $50, plus a fair campaign fee 
 12.14  of $...; and 
 12.15     (e) (11) for the office of soil and water conservation 
 12.16  district supervisor, $20, plus a fair campaign fee of $...; 
 12.17     (12) for the office of school board member, a fair campaign 
 12.18  fee of $...; and 
 12.19     (13) for municipal office, a fair campaign fee of $.... 
 12.20     For the office of presidential elector, and for those 
 12.21  offices for which no compensation is provided, no filing fee is 
 12.22  required. 
 12.23     The filing fees received by the county auditor shall 
 12.24  immediately be paid to the county treasurer.  The filing fees 
 12.25  and fair campaign fees received by the secretary of state, and 
 12.26  any fair campaign fees received by a county auditor or municipal 
 12.27  or school district clerk, shall immediately be paid to the 
 12.28  commissioner of finance. 
 12.29     When an affidavit of candidacy has been filed with the 
 12.30  appropriate filing officer and the requisite filing fee has been 
 12.31  paid, the filing fee shall not be refunded.  If a candidate's 
 12.32  filing fee is paid with a check, draft, or similar negotiable 
 12.33  instrument for which sufficient funds are not available or that 
 12.34  is dishonored, notice to the candidate of the worthless 
 12.35  instrument must be sent by the filing officer via registered 
 12.36  mail no later than immediately upon the closing of the filing 
 13.1   deadline with return receipt requested.  The candidate will have 
 13.2   five days from the time the filing officer receives proof of 
 13.3   receipt to issue a check or other instrument for which 
 13.4   sufficient funds are available.  The candidate issuing the 
 13.5   worthless instrument is liable for a service charge pursuant to 
 13.6   section 604.113.  If adequate payment is not made, the name of 
 13.7   the candidate must not appear on any official ballot and the 
 13.8   candidate is liable for all costs incurred by election officials 
 13.9   in removing the name from the ballot. 
 13.10     Sec. 14.  Minnesota Statutes 2002, section 211A.05, 
 13.11  subdivision 2, is amended to read: 
 13.12     Subd. 2.  [NOTICE OF FAILURE TO FILE.] If a candidate or 
 13.13  committee fails to file a report on the date it is due, the 
 13.14  filing officer shall immediately notify the county attorney of 
 13.15  the county where the candidate resides or where the committee 
 13.16  headquarters is located Campaign Finance and Public Disclosure 
 13.17  Board.  The county attorney board shall then immediately notify 
 13.18  the candidate or committee of the failure to file.  If a report 
 13.19  is not filed within ten days after the notification is mailed, 
 13.20  the county attorney filing officer shall proceed file a 
 13.21  complaint with the board under section 211A.08 10A.61. 
 13.22     Sec. 15.  [211A.085] [COUNTY ATTORNEY AUTHORITY.] 
 13.23     A county attorney may prosecute any violation of this 
 13.24  chapter.  
 13.25     Sec. 16.  [211B.165] [COUNTY ATTORNEY AUTHORITY.] 
 13.26     A county attorney may prosecute any violation of this 
 13.27  chapter. 
 13.28     Sec. 17.  [APPROPRIATION.] 
 13.29     $....... is appropriated from the general fund to the 
 13.30  Campaign Finance and Public Disclosure Board to develop an 
 13.31  administrative process to handle complaints of unfair campaign 
 13.32  practices.  The appropriation is available for the fiscal year 
 13.33  ending June 30, 2005. 
 13.34     Sec. 18.  [REPEALER.] 
 13.35     Minnesota Statutes 2002, sections 201.275; 211A.08, 
 13.36  subdivisions 1 and 2; and 211B.16, subdivisions 1 and 2, are 
 14.1   repealed. 
 14.2      Sec. 19.  [EFFECTIVE DATE.] 
 14.3      Sections 1 to 6, 12, 13, and 15 to 18 are effective July 1, 
 14.4   2004.  Sections 7 to 11 and 14 are effective January 1, 2005, 
 14.5   and apply to violations committed on or after that date.