HF 2275

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; requiring return of public 
  1.3             subsidy by candidates who violate the fair campaign 
  1.4             practices act; requiring candidates to agree to 
  1.5             conduct truthful and issue-oriented campaigns as a 
  1.6             condition of receiving a public subsidy; amending 
  1.7             Minnesota Statutes 1994, sections 10A.322, subdivision 
  1.8             1; and 10A.324, by adding a subdivision; proposing 
  1.9             coding for new law in Minnesota Statutes, chapter 10A. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1994, section 10A.322, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
  1.14  condition of receiving a public subsidy, a candidate shall sign 
  1.15  and file with the board a written agreement in which the 
  1.16  candidate agrees that the candidate will comply with sections 
  1.17  10A.25 and, 10A.324, and 10A.35. 
  1.18     (b) Before the first day of filing for office, the board 
  1.19  shall forward agreement forms to all filing officers.  The board 
  1.20  shall also provide agreement forms to candidates on request at 
  1.21  any time.  The candidate may sign an agreement and submit it to 
  1.22  the filing officer on the day of filing an affidavit of 
  1.23  candidacy or petition to appear on the ballot, in which case the 
  1.24  filing officer shall without delay forward signed agreements to 
  1.25  the board.  Alternatively, the candidate may submit the 
  1.26  agreement directly to the board at any time before September 1 
  1.27  preceding the general election.  An agreement may not be filed 
  2.1   after that date.  An agreement once filed may not be rescinded. 
  2.2      (c) The board shall forward a copy of any agreement signed 
  2.3   under this subdivision to the commissioner of revenue.  
  2.4      (d) Notwithstanding any provisions of this section, when a 
  2.5   vacancy occurs that will be filled by means of a special 
  2.6   election and the filing period does not coincide with the filing 
  2.7   period for the general election, a candidate may sign and submit 
  2.8   a spending limit agreement at any time before the deadline for 
  2.9   submission of a signed agreement under section 10A.315. 
  2.10     Sec. 2.  Minnesota Statutes 1994, section 10A.324, is 
  2.11  amended by adding a subdivision to read: 
  2.12     Subd. 6.  [RETURN FOR VIOLATION OF FAIR CAMPAIGN 
  2.13  PRACTICES.] A candidate who violates chapter 211B, fair campaign 
  2.14  practices, shall return to the board all or a portion of the 
  2.15  public subsidy received under section 10A.31 for a general 
  2.16  election or under section 10A.315 for a special election, as 
  2.17  determined by the court. 
  2.18     Sec. 3.  [10A.35] [CAMPAIGN CONDUCT.] 
  2.19     Subdivision 1.  [FAIR CAMPAIGN PRACTICES.] As a condition 
  2.20  of receiving a public subsidy, a candidate shall abide by 
  2.21  chapter 211B, fair campaign practices. 
  2.22     Subd. 2.  [ISSUE-ORIENTED CAMPAIGNS.] As a condition of 
  2.23  receiving a public subsidy, a candidate shall pledge to conduct 
  2.24  a truthful campaign that focuses on issues of public policy and 
  2.25  refrains from unsubstantiated attacks on the candidate's 
  2.26  opponents.  Violation of this subdivision is not grounds for a 
  2.27  complaint to the board under section 10A.02, subdivision 11. 
  2.28     Sec. 4.  [NEW AGREEMENTS REQUIRED.] 
  2.29     All spending limit agreements filed with the ethical 
  2.30  practices board before the effective date of this act expire 
  2.31  July 1, 1996, and all eligibility for continued public subsidies 
  2.32  under Minnesota Statutes, chapter 10A or 290, is ended on that 
  2.33  date.  The new requirements for return of and eligibility for a 
  2.34  public subsidy provided by this act apply to candidates who sign 
  2.35  and file with the ethical practices board a new spending limit 
  2.36  agreement under this act after its effective date. 
  3.1      Sec. 5.  [EFFECTIVE DATE.] 
  3.2      This act is effective the day following final enactment.