HF 6

as introduced - 90th Legislature (2017 - 2018) Posted on 01/26/2017 03:39pm

A bill for an act
relating to elections; providing for Public Utilities Commission members to be
elected at the state general election; amending Minnesota Statutes 2016, sections
10A.01, subdivision 10; 10A.09, subdivision 6a; 10A.27, subdivision 1; 204B.06,
subdivision 4a; 204B.11, subdivision 1; 204B.32, subdivision 2; 204D.02,
subdivision 1; 204D.08, subdivision 6; 204D.27, by adding a subdivision; 209.02,
subdivision 1; 211B.01, subdivision 3; 216A.03, subdivision 3, by adding
subdivisions; 290.06, subdivision 23; proposing coding for new law in Minnesota
Statutes, chapter 204D; repealing Minnesota Statutes 2016, section 216A.03,
subdivisions 1, 1a.

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

Section 1.

Minnesota Statutes 2016, section 10A.01, subdivision 10, is amended to read:

Subd. 10.

Candidate.

"Candidate" means an individual who seeks nomination or election
as a state constitutional officer, legislator, or judge. An individual is deemed to seek
nomination or election if the individual has taken the action necessary under the law of this
state to qualify for nomination or election, has received contributions or made expenditures
in excess of $750, or has given implicit or explicit consent for any other person to receive
contributions or make expenditures in excess of $750, for the purpose of bringing about the
individual's nomination or election. A candidate remains a candidate until the candidate's
principal campaign committee is dissolved as provided in section 10A.243. new text begin Candidate also
means an individual who seeks nomination or election to the Public Utilities Commission.
new text end

Sec. 2.

Minnesota Statutes 2016, section 10A.09, subdivision 6a, is amended to read:

Subd. 6a.

Place of filing.

A public official required to file a statement under this section
must file it with the board. A local official required to file a statement under this section
must file it with the governing body of the official's political subdivision new text begin , except that a
candidate for or member of the Public Utilities Commission must file the statement with
the board new text end . The governing body must maintain statements filed with it under this subdivision
as public data. If an official position is defined as both a public official and as a local official
of a metropolitan governmental unit under this chapter, the official must file the statement
with the board.

Sec. 3.

Minnesota Statutes 2016, section 10A.27, subdivision 1, is amended to read:

Subdivision 1.

Contribution limits.

(a) Except as provided in subdivision 2, a candidate
must not permit the candidate's principal campaign committee to accept aggregate
contributions made or delivered by any individual, political committee, political fund, or
association not registered with the board in excess of the following:

(1) to candidates for governor and lieutenant governor running together, $4,000 in the
election segment of an election cycle for the office sought and $2,000 in the nonelection
segment of the election cycle;

(2) to a candidate for attorney general, $2,500 in the election segment of an election
cycle for the office sought and $1,500 in the nonelection segment of the election cycle;

(3) to a candidate for secretary of state or state auditor, $2,000 in the election segment
of an election cycle and $1,000 in the nonelection segment of the election cycle;

(4) to a candidate for state senator new text begin or Public Utilities Commission member new text end , $1,000 in
the election segment of an election cycle for the office sought and $1,000 in a nonelection
segment of the election cycle;

(5) to a candidate for state representative, $1,000 in the election segment of an election
cycle for the office sought; and

(6) to a candidate for judicial office, $2,500 in the election segment of an election cycle
for the office sought and $2,500 in a nonelection segment of the election cycle.

(b) The following deliveries are not subject to the bundling limitation in this subdivision:

(1) delivery of contributions collected by a member of the candidate's principal campaign
committee, such as a block worker or a volunteer who hosts a fund-raising event, to the
committee's treasurer; and

(2) a delivery made by an individual on behalf of the individual's spouse.

(c) A lobbyist, political committee, political party unit, an association that has a political
fund, or an association not registered with the board must not make a contribution a candidate
is prohibited from accepting.

Sec. 4.

Minnesota Statutes 2016, section 204B.06, subdivision 4a, is amended to read:

Subd. 4a.

State and local offices.

Candidates who seek nomination for the following
offices shall state the following additional information on the affidavit:

(1) for governor or lieutenant governor, that on the first Monday of the next January the
candidate will be 25 years of age or older and, on the day of the state general election, a
resident of Minnesota for not less than one year;

(2) for Supreme Court justice, Court of Appeals judge, or district court judge, that the
candidate is learned in the law;

(3) for new text begin Public Utilities Commission, new text end county, municipal, school district, or special district
office, that the candidate meets any other qualifications for that office prescribed by law;

(4) for senator or representative in the legislature, that on the day of the general or special
election to fill the office the candidate will have resided not less than one year in the state
and not less than six months in the legislative district from which the candidate seeks election.

Sec. 5.

Minnesota Statutes 2016, section 204B.11, subdivision 1, is amended to read:

Subdivision 1.

Amount; dishonored checks; consequences.

(a) Except as provided by
subdivision 2, a filing fee shall be paid by each candidate who files an affidavit of candidacy.
The fee shall be paid at the time the affidavit is filed. The amount of the filing fee shall vary
with the office sought as follows:

(1) for the office of governor, lieutenant governor, attorney general, state auditor, secretary
of state, representative in Congress, judge of the Supreme Court, judge of the Court of
Appeals, or judge of the district court, $300;

(2) for the office of senator in Congress, $400;

(3) for office of senator or representative in the legislature, $100;

(4) for a new text begin Public Utilities Commission or new text end county office, $50; and

(5) for the office of soil and water conservation district supervisor, $20.

(b) For the office of presidential elector, and for those offices for which no compensation
is provided, no filing fee is required.

(c) The filing fees received by the county auditor shall immediately be paid to the county
treasurer. The filing fees received by the secretary of state shall immediately be paid to the
commissioner of management and budget.

(d) When an affidavit of candidacy has been filed with the appropriate filing officer and
the requisite filing fee has been paid, the filing fee shall not be refunded. If a candidate's
filing fee is paid with a check, draft, or similar negotiable instrument for which sufficient
funds are not available or that is dishonored, notice to the candidate of the worthless
instrument must be sent by the filing officer via registered mail no later than immediately
upon the closing of the filing deadline with return receipt requested. The candidate will
have five days from the time the filing officer receives proof of receipt to issue a check or
other instrument for which sufficient funds are available. The candidate issuing the worthless
instrument is liable for a service charge pursuant to section 604.113. If adequate payment
is not made, the name of the candidate must not appear on any official ballot and the
candidate is liable for all costs incurred by election officials in removing the name from the
ballot.

Sec. 6.

Minnesota Statutes 2016, section 204B.32, subdivision 2, is amended to read:

Subd. 2.

Allocation of election expenses.

The secretary of state shall develop procedures
for the allocation of election expenses among counties, municipalities, deleted text begin and deleted text end school districts new text begin ,
and the Public Utilities Commission new text end for elections that are held concurrently. The following
expenses must be included in the procedures: salaries of election judges; postage for absentee
ballots and applications; preparation of polling places; preparation and testing of electronic
voting systems; ballot preparation; publication of election notices and sample ballots;
transportation of ballots and election supplies; and compensation for administrative expenses
of the county auditor, municipal clerk, or school district clerk.

Sec. 7.

Minnesota Statutes 2016, section 204D.02, subdivision 1, is amended to read:

Subdivision 1.

Officers.

All elective state new text begin , Public Utilities Commission, new text end and county
officers, justices of the Supreme Court, judges of the Court of Appeals and district court,
state senators and state representatives, and senators and representatives in Congress shall
be elected at the state general election held in the year before their terms of office expire.
Presidential electors shall be chosen at the state general election held in the year before the
expiration of a term of a president of the United States.

Sec. 8.

Minnesota Statutes 2016, section 204D.08, subdivision 6, is amended to read:

Subd. 6.

State and county nonpartisan primary ballot.

The state and county nonpartisan
primary ballot shall be headed "State and County Nonpartisan Primary Ballot." It shall be
printed in the manner provided in the rules of the secretary of state. The names of candidates
for nomination to the Supreme Court, Court of Appeals, district court, and all new text begin Public Utilities
Commission and new text end county offices shall be placed on this ballot.

No candidate whose name is placed on the state and county nonpartisan primary ballot
shall be designated or identified as the candidate of any political party or in any other manner
except as expressly provided by law.

Sec. 9.

new text begin [204D.265] VACANCY ON PUBLIC UTILITIES COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Election in 60 to 90 days. new text end

new text begin Except as provided in subdivision 3, a vacancy
on the Public Utilities Commission must be filled at a special election scheduled by the
Public Utilities Commission on a date not less than 60 nor more than 90 days after the
vacancy occurs. The special primary or special election may be held on the same day as a
regular primary or general election, but the special election must be held not less than 14
days after the special primary. The person elected at the special election must take office
immediately after receipt of the certificate of election and upon taking the oath of office
and must serve the remainder of the unexpired term. If the Public Utilities Commission
districts have been redrawn since the beginning of the term of the vacant office, the election
must be based on the district as redrawn.
new text end

new text begin Subd. 2. new text end

new text begin When victor seated immediately. new text end

new text begin If a vacancy for which a special election is
required occurs less than 60 days before the general election preceding the end of the term,
the vacancy must be filled by the person elected at that election for the ensuing term and
that person must take office immediately after receiving the certificate of election and taking
the oath of office.
new text end

new text begin Subd. 3. new text end

new text begin Inability or refusal to serve. new text end

new text begin In addition to when the events specified in section
351.02 occur, a vacancy on the Public Utilities Commission may be declared by the
commission when a commissioner is unable to serve in the office or attend commission
meetings for a 90-day period because of illness, or absence from or refusal to attend. If any
of the conditions described or referred to in this subdivision occur, the commission may,
after the commission by resolution has declared a vacancy to exist, appoint someone to fill
the vacancy at a regular or special meeting for the remainder of the unexpired term or until
the ill or absent commissioner is again able to resume duties and attend meetings, whichever
is earlier. If the commission determines, by resolution, that the original commissioner is
again able to resume duties and attend meetings, the commission must remove the appointed
commissioner and restore the original commissioner to office.
new text end

Sec. 10.

Minnesota Statutes 2016, section 204D.27, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Special Public Utilities Commission election. new text end

new text begin (a) Except as provided in
subdivision 4, the State Canvassing Board shall complete its canvass of a special election
for a Public Utilities Commission commissioner and declare the results within four days
after the returns of the county canvassing boards are certified to the secretary of state,
excluding Sundays and legal holidays.
new text end

new text begin (b) In case of a contest of a special election for a Public Utilities Commission
commissioner, the notice of contest must be filed within two days after the canvass is
completed, excluding Sundays and legal holidays. In other respects, the contest must proceed
in the manner provided by law for contesting elections.
new text end

new text begin (c) A certificate of election in a special election for a Public Utilities Commission
commissioner must be issued by the county auditor or the secretary of state to the individual
declared elected by the county or State Canvassing Board two days after the appropriate
canvassing board finishes canvassing the returns for the election, excluding Sundays and
legal holidays. In case of a contest, the certificate must not be issued until the district court
decides the contest.
new text end

Sec. 11.

Minnesota Statutes 2016, section 209.02, subdivision 1, is amended to read:

Subdivision 1.

General.

Any eligible voter, including a candidate, may contest in the
manner provided in this chapter: (1) the nomination or election of any person for whom the
voter had the right to vote if that person is declared nominated or elected to the senate or
the house of representatives of the United States, or to a statewide, new text begin Public Utilities
Commission, new text end county, legislative, municipal, school, or district court office; or (2) the declared
result of a constitutional amendment or other question voted upon at an election. The contest
may be brought over an irregularity in the conduct of an election or canvass of votes, over
the question of who received the largest number of votes legally cast, over the number of
votes legally cast in favor of or against a question, or on the grounds of deliberate, serious,
and material violations of the Minnesota Election Law.

Sec. 12.

Minnesota Statutes 2016, section 211B.01, subdivision 3, is amended to read:

Subd. 3.

Candidate.

"Candidate" means an individual who seeks nomination or election
to a federal, statewide, new text begin Public Utilities Commission, new text end legislative, judicial, or local office
including special districts, school districts, towns, home rule charter and statutory cities,
and counties, except candidates for president and vice-president of the United States.

Sec. 13.

Minnesota Statutes 2016, section 216A.03, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Election of commissioners. new text end

new text begin The Public Utilities Commission shall consist of
one commissioner elected at a state general election from each congressional district in the
state and one commissioner elected at large statewide. The terms of commissioners shall
be six years and until their successors have been elected and qualified. Each commissioner
elected to represent a congressional district must reside within the congressional district in
which election is sought at the time of election.
new text end

Sec. 14.

Minnesota Statutes 2016, section 216A.03, is amended by adding a subdivision
to read:

new text begin Subd. 1c. new text end

new text begin Transition. new text end

new text begin (a) Until commissioners have been elected from each congressional
district and at large, this subdivision governs membership of the commission.
new text end

new text begin (b) The governor shall appoint a commissioner by and with the advice and consent of
the senate to replace a commissioner whose term expires in January 2017. The appointment
shall be for a term that expires January 7, 2019. At the state general election held in
November 2018, commissioners shall be elected from the first, second, third, and fourth
congressional districts for a term of six years and until their successors have been elected
and qualified.
new text end

new text begin (c) The governor shall appoint a commissioner by and with the advice and consent of
the senate to replace a commissioner whose term expires January 6, 2020. The appointment
shall be for a term that expires January 4, 2021. At the state general election held in
November 2020, commissioners shall be elected from the fifth and sixth congressional
districts for a term of six years and until their successors have been elected and qualified.
new text end

new text begin (d) The governor shall appoint a commissioner by and with the advice and consent of
the senate to replace a commissioner whose term expires January 3, 2022. The appointment
shall be for a term that expires January 2, 2023. At the state general election held in
November 2022, commissioners shall be elected from the seventh and eighth congressional
districts and at large statewide for a term of six years and until their successors have been
elected and qualified.
new text end

Sec. 15.

Minnesota Statutes 2016, section 216A.03, subdivision 3, is amended to read:

Subd. 3.

Chair.

The deleted text begin governor shall select one of the commissioners to serve as the deleted text end chair new text begin
of the commission shall be elected by a majority vote of the commissioners new text end for a term
deleted text begin concurrent with that of the governor deleted text end new text begin of four years new text end .

If a vacancy occurs in the position of chair, the deleted text begin governor deleted text end new text begin commissioners new text end shall deleted text begin select deleted text end new text begin
elect new text end a new chair new text begin by majority vote new text end to complete the unexpired term.

Sec. 16.

Minnesota Statutes 2016, section 290.06, subdivision 23, is amended to read:

Subd. 23.

Refund of contributions to political parties and candidates.

(a) A taxpayer
may claim a refund equal to the amount of the taxpayer's contributions made in the calendar
year to candidates and to a political party. The maximum refund for an individual must not
exceed $50 and for a married couple, filing jointly, must not exceed $100. A refund of a
contribution is allowed only if the taxpayer files a form required by the commissioner and
attaches to the form a copy of an official refund receipt form issued by the candidate or
party and signed by the candidate, the treasurer of the candidate's principal campaign
committee, or the chair or treasurer of the party unit, after the contribution was received.
The receipt forms must be numbered, and the data on the receipt that are not public must
be made available to the campaign finance and public disclosure board upon its request. A
claim must be filed with the commissioner no sooner than January 1 of the calendar year
in which the contribution was made and no later than April 15 of the calendar year following
the calendar year in which the contribution was made. A taxpayer may file only one claim
per calendar year. Amounts paid by the commissioner after June 15 of the calendar year
following the calendar year in which the contribution was made must include interest at the
rate specified in section 270C.405.

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

(1) has signed an agreement to limit campaign expenditures as provided in section
10A.322;

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

(3) has designated a principal campaign committee.

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

(c) For purposes of this subdivision, "political party" means a major political party as
defined in section 200.02, subdivision 7, or a minor political party qualifying for inclusion
on the income tax or property tax refund form under section 10A.31, subdivision 3a.

A "major party" or "minor party" includes the aggregate of that party's organization
within each house of the legislature, the state party organization, and the party organization
within congressional districts, counties, legislative districts, municipalities, and precincts.

"Candidate" means a candidate as defined in section 10A.01, subdivision 10, except a
candidate for judicial office new text begin or the Public Utilities Commission new text end .

"Contribution" means a gift of money.

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

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

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

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

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

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 216A.03, subdivisions 1 and 1a, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-1228

216A.03 PUBLIC UTILITIES COMMISSION.

Subdivision 1.

Members.

The Public Utilities Commission shall consist of five members. The terms of members shall be six years and until their successors have been appointed and qualified. Each commissioner shall be appointed by the governor by and with the advice and consent of the senate. Not more than three commissioners shall belong to the same political party. At least one commissioner must have been domiciled at the time of appointment outside the seven-county metropolitan area. If the membership of the commission after July 31, 1986, does not consist of at least one member domiciled at the time of appointment outside the seven-county metropolitan area, the membership shall conform to this requirement following normal attrition of the present commissioners. The governor when selecting commissioners shall give consideration to persons learned in the law or persons who have engaged in the profession of engineering, public accounting, property and utility valuation, finance, physical or natural sciences, production agriculture, or natural resources as well as being representative of the general public.

For purposes of this subdivision, "seven-county metropolitan area" means Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties.

Subd. 1a.

Removal; vacancy.

The removal of members, and filling of vacancies on the commission shall be as provided in section 15.0575.