as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to elections; providing for "clean money" 1.3 campaigns funded without special interest money; 1.4 expanding certain definitions; requiring certain 1.5 campaign finance reports to be filed and published 1.6 electronically; requiring notice of independent 1.7 expenditures; requiring reports of excess spending by 1.8 candidates who do not agree to limit spending; 1.9 reducing certain contribution limits and spending 1.10 limits; limiting independent expenditures by political 1.11 parties on behalf of their own candidates as a 1.12 condition of receiving a public subsidy; imposing 1.13 campaign contribution and spending limits on political 1.14 party caucuses as a condition of receiving a public 1.15 subsidy; limiting multicandidate expenditures by 1.16 political parties; increasing public subsidies for 1.17 candidates who agree to lower contribution limits; 1.18 increasing spending limits and public subsidies to 1.19 respond to independent expenditures and excess 1.20 spending by nonparticipating candidates; repealing the 1.21 income tax checkoff for election campaigns; increasing 1.22 the maximum political contribution refund from $50 to 1.23 $100; imposing criminal penalties; appropriating 1.24 money; amending Minnesota Statutes 2000, sections 1.25 10A.01, subdivisions 18, 21, and by adding a 1.26 subdivision; 10A.02, subdivision 11a; 10A.14, 1.27 subdivision 2; 10A.20, subdivisions 2, 6b, and by 1.28 adding subdivisions; 10A.25, subdivisions 1, 2, 2a, 1.29 10, and by adding subdivisions; 10A.257, subdivision 1.30 1; 10A.27, subdivisions 1, 11, and by adding 1.31 subdivisions; 10A.275, subdivision 1; 10A.28, 1.32 subdivisions 1 and 2; 10A.315; 10A.322; 200.02, 1.33 subdivision 7, and by adding a subdivision; and 1.34 290.06, subdivision 23; proposing coding for new law 1.35 in Minnesota Statutes, chapter 10A; repealing 1.36 Minnesota Statutes 2000, sections 10A.25, subdivision 1.37 6; and 10A.31. 1.38 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.39 Section 1. [LEGISLATIVE FINDINGS; PURPOSE.] 1.40 Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature 1.41 finds that while this state has a system of partial public 2.1 financing of campaigns, our current system still encourages 2.2 large amounts of private money to be used to finance campaigns. 2.3 This private money undermines democracy in the following ways: 2.4 (a) It stifles the First Amendment, which was designed "to 2.5 secure the widest possible dissemination of information from 2.6 diverse and antagonistic sources," and "to assure the unfettered 2.7 interchange of ideas for the bringing about of political and 2.8 social changes desired by the people." Instead, heavy funding 2.9 of certain candidates and interests discourages other candidates 2.10 from running and prevents many perspectives from receiving any 2.11 dissemination whatsoever. In addition, after a certain point, 2.12 more spending does not create more speech but has the opposite 2.13 impact, overwhelming the public and causing them to tune out 2.14 speech from any candidate. 2.15 (b) It undermines the First Amendment right of voters to 2.16 hear speech from all candidates and all perspectives and 2.17 undermines the core First Amendment value of open and robust 2.18 debate in the political process. 2.19 (c) It inhibits communication with the electorate by 2.20 candidates without access to large sums of campaign money. 2.21 (d) It burdens elected officials and candidates with 2.22 endless hours of fundraising, thus decreasing the time available 2.23 to carry out their public responsibilities. 2.24 (e) It discourages people from participating in the 2.25 political process. A 1998 poll conducted by St. Cloud State 2.26 University found that, because of their belief that contributors 2.27 have more influence than noncontributors do, one-third of 2.28 respondents are "less likely to vote or participate in politics." 2.29 Over half of those who said that they did not vote in the 1996 2.30 election said they were less likely to vote or participate 2.31 because of this belief. 2.32 (f) It violates the rights of citizens to equal and 2.33 meaningful participation in the democratic process. 2.34 (g) It creates a public perception of corruption and 2.35 undermines public confidence in the democratic process and 2.36 democratic institutions. This perception is held by almost nine 3.1 out of ten Minnesotans. The 1998 St. Cloud State University 3.2 poll showed that 88 percent of all Minnesotans believe elected 3.3 officials are more responsive to contributors than to voters who 3.4 do not contribute. 3.5 (h) It not only creates a perception of corruption, but 3.6 actually encourages elected officials to take money from private 3.7 interests that are directly affected by governmental actions. 3.8 (i) It diminishes the perceived, and perhaps the real, 3.9 accountability of elected officials to their constituents by 3.10 giving them incentives to be accountable to major campaign 3.11 contributors instead. 3.12 (j) It undermines the integrity of the election process by 3.13 making it difficult for qualified candidates without access to 3.14 large contributors or personal fortunes to mount competitive 3.15 campaigns and discourages them from running. 3.16 (k) It undermines the integrity of the election process by 3.17 placing challengers at a disadvantage, because large campaign 3.18 contributors tend to give their money to incumbents, thus 3.19 causing elections to be less competitive. 3.20 (l) It costs taxpayers millions of dollars for the 3.21 legislative and regulatory decisions made by elected officials 3.22 on behalf of major campaign contributors. 3.23 The legislature finds each of these defects on its own has 3.24 a corrosive impact on our democracy either by corrupting the 3.25 political process or by creating the appearance of corruption. 3.26 Accordingly, the state has a compelling interest in addressing 3.27 them through this act. 3.28 Subd. 2. [PURPOSE.] This act is intended to enable 3.29 campaigns to be conducted without special interest money and to 3.30 restore the First Amendment rights of nonwealthy candidates by 3.31 enabling them to disseminate their views without being drowned 3.32 out by heavily funded independent expenditures or ads by 3.33 opposing campaigns that they cannot respond to for lack of money. 3.34 This act is designed to create benefits for participating 3.35 candidates and political parties to compensate for the 3.36 restrictions applied to them and to further the compelling state 4.1 interest of encouraging participation in this system of 4.2 financing campaigns without special interest money. 4.3 Sec. 2. Minnesota Statutes 2000, section 10A.01, is 4.4 amended by adding a subdivision to read: 4.5 Subd. 16a. [EXPRESSLY ADVOCATING.] (a) "Expressly 4.6 advocating" means: 4.7 (1) using a phrase such as "vote for," "reelect," 4.8 "support," "cast your ballot for," "(name of candidate) for 4.9 Senate," "(name of candidate) in (year)," "vote against," 4.10 "defeat," or "reject," or a campaign slogan or words that in 4.11 context can have no reasonable meaning other than to advocate 4.12 the election or defeat of one or more clearly identified 4.13 candidates; 4.14 (2) referring to one or more clearly identified candidates 4.15 in a paid advertisement that is transmitted through radio or 4.16 television within 60 days before the date of an election for the 4.17 candidate; or 4.18 (3) expressing unmistakable and unambiguous support for or 4.19 opposition to one or more clearly identified candidates when 4.20 taken as a whole and with limited reference to external events, 4.21 such as proximity to an election. 4.22 (b) "Expressly advocating" does not include a communication 4.23 that is in printed form or posted on the Internet that: 4.24 (1) presents information solely about the voting record or 4.25 position on a campaign issue of one or more candidates, 4.26 including a statement by the sponsor of the voting record or 4.27 voting guide of its agreement or disagreement with the record or 4.28 position of a candidate, so long as the voting record or voting 4.29 guide when taken as a whole does not express unmistakable and 4.30 unambiguous support for or opposition to one or more clearly 4.31 identified candidates; 4.32 (2) is not coordinated activity or is not made in 4.33 coordination with a candidate, political party, or agent of the 4.34 candidate or party, or a candidate's agent or a person who is 4.35 coordinating with a candidate or a candidate's agent, except 4.36 that nothing in this clause prevents the sponsor of the voting 5.1 guide from directing questions in writing to a candidate about 5.2 the candidate's position on issues for purposes of preparing a 5.3 voter guide or to prevent the candidate from responding in 5.4 writing to the questions; and 5.5 (3) does not contain a phrase such as "vote for," 5.6 "reelect," "cast your ballot for," "(name of candidate) for 5.7 Senate," "(name of candidate) in (year)," "vote against," 5.8 "defeat," or "reject," or a campaign slogan or words that in 5.9 context can have no reasonable meaning other than to urge the 5.10 election or defeat of one or more clearly identified candidates. 5.11 Sec. 3. Minnesota Statutes 2000, section 10A.01, 5.12 subdivision 18, is amended to read: 5.13 Subd. 18. [INDEPENDENT EXPENDITURE.] "Independent 5.14 expenditure" means an expenditure expressly advocating the 5.15 nomination, election, or defeat of a clearly identified 5.16 candidate, if the expenditure is made without the express or 5.17 implied consent, authorization, or cooperation of, and not in 5.18 concert with or at the request or suggestion of, any candidate 5.19 or any candidate's principal campaign committee or agent. An 5.20 independent expenditure is not a contribution to that 5.21 candidate.An expenditure by a political party or political5.22party unit in a race where the political party has a candidate5.23on the ballot is not an independent expenditure.5.24 Sec. 4. Minnesota Statutes 2000, section 10A.01, 5.25 subdivision 21, is amended to read: 5.26 Subd. 21. [LOBBYIST.] (a) "Lobbyist" means an individual: 5.27 (1) engaged for pay or other consideration, or authorized5.28to spend money by another individual, association, political5.29subdivision, or public higher education system, who spends more5.30than five hours in any month or more than $250, not including5.31the individual's own travel expenses and membership dues, in any5.32year,of more than $500 in any year for the purpose of 5.33 attempting to influence legislative or administrative action, or 5.34 the official action of a metropolitan governmental unit, by 5.35 communicating or urging others to communicate with public or 5.36 local officials; or 6.1 (2) who spends more than $250, not including the 6.2 individual's own traveling expenses and membership dues, in any 6.3 year for the purpose of attempting to influence legislative or 6.4 administrative action, or the official action of a metropolitan 6.5 governmental unit, by communicating or urging others to 6.6 communicate with public or local officials. 6.7 (b) "Lobbyist" does not include: 6.8 (1) a public official; 6.9 (2) an employee of the state, including; 6.10 (3) an employee of any of the public higher education 6.11 systems, unless the employee of a public higher education system 6.12 spends more than 50 hours in any month attempting to influence 6.13 legislative or administrative action, or the official action of 6.14 a metropolitan governmental unit, by communicating or urging 6.15 others to communicate with public or local officials, including 6.16 time spent monitoring legislative or administrative action, or 6.17 the official action of a metropolitan governmental unit, and 6.18 related research, analysis, and compilation and dissemination of 6.19 information relating to legislative or administrative policy in 6.20 this state, or to the policies of metropolitan governmental 6.21 units; 6.22(3)(4) an elected local official; 6.23(4)(5) a nonelected local official or an employee of a 6.24 political subdivision acting in an official capacity, unless the 6.25 nonelected official or employee of a political subdivision 6.26 spends more than 50 hours in any month attempting to influence 6.27 legislative or administrative action, or the official action of 6.28 a metropolitan governmental unit other than the political 6.29 subdivision employing the official or employee, by communicating 6.30 or urging others to communicate with public or local officials, 6.31 time spent monitoring legislative or administrative action, or 6.32 the official action of a metropolitan governmental unit, and 6.33 related research, analysis, and compilation and dissemination of 6.34 information relating to legislative or administrative policy in 6.35 this state, or to the policies of metropolitan governmental 6.36 units; 7.1(5)(6) a party or the party's representative appearing in 7.2 a proceeding before a state board, commission, or agency of the 7.3 executive branch unless the board, commission, or agency is 7.4 taking administrative action; 7.5(6)(7) an individual while engaged in selling goods or 7.6 services to be paid for by public funds; 7.7(7)(8) a news medium or its employees or agents while 7.8 engaged in the publishing or broadcasting of news items, 7.9 editorial comments, or paid advertisements which directly or 7.10 indirectly urge official action; 7.11(8)(9) a paid expert witness whose testimony is requested 7.12 by the body before which the witness is appearing, but only to 7.13 the extent of preparing or delivering testimony; or 7.14(9)(10) a party or the party's representative appearing to 7.15 present a claim to the legislature and communicating to 7.16 legislators only by the filing of a claim form and supporting 7.17 documents and by appearing at public hearings on the claim. 7.18 Sec. 5. Minnesota Statutes 2000, section 10A.02, 7.19 subdivision 11a, is amended to read: 7.20 Subd. 11a. [DATA PRIVACY.] (a) If, after making a public 7.21 finding concerning probable cause or entering a conciliation 7.22 agreement, the board determines that the record of the 7.23 investigation contains statements, documents, or other matter 7.24 that, if disclosed, would unfairly injure the reputation of an 7.25 innocent individual, the board may: 7.26 (1) retain the statement, document, or other matter as a 7.27 private record, as defined in section 13.02, subdivision 12, for 7.28 a period of one year, after which it must be destroyed; or 7.29 (2) return the statement, document, or other matter to the 7.30 individual who supplied it to the board. 7.31 (b) When publishing reports or statements on its Web site, 7.32 the board must not publish the home street address or telephone 7.33 number of an individual. 7.34 Sec. 6. Minnesota Statutes 2000, section 10A.14, 7.35 subdivision 2, is amended to read: 7.36 Subd. 2. [FORM.] The statement of organization must 8.1 include: 8.2 (1) the name and address of the committee, fund, or party 8.3 unit; 8.4 (2) the name and address of the chair of a political 8.5 committee, principal campaign committee, or party unit; 8.6 (3) the name and address of any supporting association of a 8.7 political fund; 8.8 (4) the name and address of the treasurer and any deputy 8.9 treasurers and, for a principal campaign committee, any other 8.10 individual authorized to accept contributions on behalf of the 8.11 principal campaign committee; 8.12 (5) a listing of all depositories or safety deposit boxes 8.13 used; and 8.14 (6) for the state committee of a political party only, a 8.15 list of its party units. 8.16 Sec. 7. Minnesota Statutes 2000, section 10A.20, is 8.17 amended by adding a subdivision to read: 8.18 Subd. 1a. [MANNER OF FILING; PUBLICATION.] If 8.19 contributions or expenditures exceed $5,000 in a year, the 8.20 report must be filed with the board in an electronic format 8.21 approved by the board. Regardless of whether the report is 8.22 filed electronically, the board must publish the report on its 8.23 Web site within seven days after the date it was due. The 8.24 publication must be in a form that permits a user of the Web 8.25 site to search the reports and prepare comparisons and 8.26 cross-tabulations among the various candidates, contributors, 8.27 vendors, and committees. 8.28 Sec. 8. Minnesota Statutes 2000, section 10A.20, 8.29 subdivision 2, is amended to read: 8.30 Subd. 2. [TIME FOR FILING.] (a) The reports must be filed 8.31 with the board on or before January 31 of each year and 8.32 additional reports must be filed as required and in accordance 8.33 with paragraphs (b)and, (c), and (d). 8.34 (b) In each year in which the name of the candidate is on 8.35 the ballot, the report of the principal campaign committee must 8.36 be filed 15 days before a primary and ten days before a general 9.1 election, seven days before a special primary and a special 9.2 election, and ten days after a special election cycle. 9.3 (c) In each general election year, a political committee, 9.4 political fund, or party unit must file reports 15 days before a 9.5 primary and ten days before a general election. 9.6 (d) A political committee or political fund that makes 9.7 independent expenditures related to a special election must file 9.8 reports on the independent expenditures seven days before the 9.9 special primary and special election and ten days after the 9.10 special election cycle. 9.11 Sec. 9. Minnesota Statutes 2000, section 10A.20, 9.12 subdivision 6b, is amended to read: 9.13 Subd. 6b. [INDEPENDENT EXPENDITURES; NOTICE.] (a) 9.14 Within2448 hours after an individual, political committee,or9.15 political fund, principal campaign committee, or party unit 9.16 makes or becomes obligated by oral or written agreement to make 9.17 an independent expenditure in excess of $100 in a legislative 9.18 district election or $500 in a statewide election, other than an 9.19 expenditure by an association targeted to inform solely its own 9.20 dues-paying members of the association's position on a 9.21 candidate, the individual, political committee,orpolitical 9.22 fund, principal campaign committee, or party unit must file with 9.23 the boardan affidavit notifying the boarda notice of the 9.24 intent to make the independent expenditure andserveprovide a 9.25 copy of theaffidavit onnotice to each candidate in the 9.26 affected race andonto the treasurer of the candidate's 9.27 principal campaign committee. Theaffidavitnotice must contain 9.28 the information with respect to the expenditure that is required 9.29 to be reported under subdivision 3, paragraph (g); except that 9.30 if an expenditure is reported before it is made, the notice must 9.31 include a reasonable estimate of the anticipated amount. The 9.32 notice must include an affidavit, under penalty of perjury, 9.33 signed and sworn to by the individual or by the treasurer of the 9.34 committee, fund, or party unit identifying the candidate in 9.35 support of or opposition to whom the expenditure is made and 9.36 affirming that the expenditure was independent and involved no 10.1 cooperation or coordination with a candidate or a political 10.2 party. Each new expenditure requires a new notice. 10.3 (b) During the last three weeks before the primary election 10.4 and during the last three weeks before the general election, the 10.5 notice must be filed within 24 hours after making or becoming 10.6 obligated to make the independent expenditure. 10.7 (c) An individual or association may file a complaint with 10.8 the board that a required notice was not filed or that a notice 10.9 filed under this subdivision is false. The board must determine 10.10 the complaint promptly. If the board determines that a notice 10.11 was false and the board has distributed a public subsidy to a 10.12 candidate based on the false notice, the candidate must return 10.13 the subsidy to the board. 10.14 (d) An individual or the treasurer of a political committee 10.15or, political fund, principal campaign committee, or party unit 10.16 who fails to give notice as required by this subdivision, or who 10.17 files a falseaffidavit ofnotice, is guilty of a gross 10.18 misdemeanor and is subject to a civil fine of up to four times 10.19 the amount of the independent expenditure stated in the notice 10.20 or of which notice was required, whichever is greater. 10.21 Sec. 10. Minnesota Statutes 2000, section 10A.20, is 10.22 amended by adding a subdivision to read: 10.23 Subd. 6c. [EXCESS SPENDING REPORTS.] The treasurer of the 10.24 principal campaign committee of a candidate who has not signed a 10.25 spending limit agreement under section 10A.322 must file with 10.26 the board a report disclosing the sum of all expenditures made 10.27 by or on behalf of the committee that exceed the expenditure 10.28 limit for any opponent of the candidate who has signed a 10.29 spending limit agreement under section 10A.322 within 48 hours 10.30 after the spending exceeds the spending limit by more than $100 10.31 for a candidate for legislative office or $500 for a candidate 10.32 for statewide office. The treasurer must file an additional 10.33 report within 48 hours after spending any additional amounts 10.34 that exceed the participating candidate's spending limit. 10.35 Sec. 11. Minnesota Statutes 2000, section 10A.25, 10.36 subdivision 1, is amended to read: 11.1 Subdivision 1. [LIMITS ARE VOLUNTARY.] (a) The expenditure 11.2 limits imposed by this section on a candidate apply only to a 11.3 candidate who has signed an agreement under section 10A.322 to 11.4 be bound by them as a condition of receiving a public subsidy 11.5 for the candidate's campaign. 11.6 (b) The prohibition imposed by this section on a political 11.7 party applies only to a political party that has signed an 11.8 agreement under section 10A.322 to be bound by it as a condition 11.9 of receiving a public subsidy for the party's activities. 11.10 (c) The expenditure limits imposed by this section on a 11.11 party caucus in a house of the legislature apply only to a party 11.12 caucus that has signed and filed an agreement under section 11.13 10A.322 to be bound by them as a condition of receiving a public 11.14 subsidy for the caucus's activities. 11.15 Sec. 12. Minnesota Statutes 2000, section 10A.25, 11.16 subdivision 2, is amended to read: 11.17 Subd. 2. [AMOUNTS.] (a)In a year in whichDuring an 11.18 electionis held for an office sought by a candidatecycle, the 11.19 principal campaign committee of the candidate must not make 11.20 campaign expenditures nor permit approved expenditures to be 11.21 made on behalf of the candidate that result in aggregate 11.22 expenditures in excess of the following: 11.23 (1) for governor and lieutenant governor, running together, 11.24$1,626,691$1,800,000; 11.25 (2) for attorney general,$271,116$350,000; 11.26 (3) for secretary of state and state auditor, separately, 11.27$135,559$175,000; 11.28 (4) for state senator,$40,669$45,000; and 11.29 (5) for state representative,$20,335$25,000. 11.30 (b) In addition to the amount in paragraph (a), clause (1), 11.31 a candidate for endorsement for the office of lieutenant 11.32 governor at the convention of a political party may make 11.33 campaign expenditures and approved expenditures of five percent 11.34 of that amount to seek endorsement. 11.35 (c) If a special election cycle occurs during a general 11.36 election cycle, expenditures by or on behalf of a candidate in 12.1 the special election do not count as expenditures by or on 12.2 behalf of the candidate in the general election. 12.3 (d) The expenditure limits in this subdivision for an 12.4 office are increased by ten percent for a candidate who is 12.5 running for that office for the first time and who has not run 12.6 previously for any other office whose territory now includes a 12.7 population that is more than one-third of the population in the 12.8 territory of the new office. 12.9 (e) The expenditure limits in this subdivision for a 12.10 participating candidate are increased by the sum of expenditures 12.11 by a nonparticipating opponent of the candidate, as reported to 12.12 the board under section 10A.20, subdivision 2, 6, or 6c, in 12.13 excess of the participating candidate's original spending limit. 12.14 (f) The expenditure limits in this subdivision for a 12.15 candidate are increased by the sum of independent expenditures 12.16 made in opposition to the candidate plus independent 12.17 expenditures made in support of the candidate's major political 12.18 party opponents, as reported to the board under section 10A.20, 12.19 subdivision 2, 6, or 6b. 12.20 Sec. 13. Minnesota Statutes 2000, section 10A.25, 12.21 subdivision 2a, is amended to read: 12.22 Subd. 2a. [AGGREGATED EXPENDITURES.] If a candidate makes 12.23 expenditures from more than one principal campaign committee for 12.24 nomination or election to statewide office in the same 12.25 electionyearcycle, the amount of expenditures from all of the 12.26 candidate's principal campaign committees for statewide office 12.27 for that electionyearcycle must be aggregated for purposes of 12.28 applying the limits on expenditures under subdivision 2. 12.29 Sec. 14. Minnesota Statutes 2000, section 10A.25, 12.30 subdivision 10, is amended to read: 12.31 Subd. 10. [EFFECT OF OPPONENT'S CONDUCT.] (a) A candidate 12.32 who has agreed to be bound by the expenditure limits imposed by 12.33 this section as a condition of receiving a public subsidy for 12.34 the candidate's campaignismay choose to be released from the 12.35 expenditure limits butremainsremain eligible to receive a 12.36 public subsidy if the candidate has an opponent whodoeshas not 13.1agreeagreed to be bound by the limits andreceiveshas received 13.2 contributions ormakesmade orbecomesbecome obligated to make 13.3 expenditures during that election cycle in excess of the 13.4 following limits: 13.5 (1)up to ten daysduring the reporting period before the 13.6 primary election, receipts or expenditures equal to 20 percent 13.7 of the expenditure limit for that office as set forth in 13.8 subdivision 2; or 13.9 (2) afterten days before the primary electionthat 13.10 reporting period, cumulative receipts or expenditures during 13.11 that election cycle equal to 50 percent of the expenditure limit 13.12 for that office as set forth in subdivision 2. 13.13 For purposes of this subdivision, before the primary 13.14 election, a candidate's "opponents" are only those who will 13.15 appear on the ballot of the same party in the primary election. 13.16 (b) A candidate who has not agreed to be bound by 13.17 expenditure limits, or the candidate's principal campaign 13.18 committee, must file written notice with the board and provide 13.19 written notice to any opponent of the candidate for the same 13.20 office within 24 hours of exceeding either of the limits in 13.21 paragraph (a), clause (2). The notice must state only that the 13.22 candidate or candidate's principal campaign committee has 13.23 received contributions or made or become obligated to make 13.24 campaign expenditures in excess ofthe limitsa limit in 13.25 paragraph (a), clause (2). 13.26 (c) Upon receipt of the notice,thea candidate who had 13.27 agreed to be bound by the limitsismay file with the board a 13.28 notice that the candidate chooses to be no longer bound by the 13.29 expenditure limits. A notice of a candidate's choice not to be 13.30 bound by the expenditure limits that is based on the conduct of 13.31 an opponent in the state primary election may not be filed more 13.32 than one day after the state canvassing board has declared the 13.33 results of the state primary. 13.34 (d) A candidate who has agreed to be bound by the 13.35 expenditure limits imposed by this section and whose opponent in 13.36 the general election has chosen, as provided in paragraph (c), 14.1 not to be bound by the expenditure limits because of the conduct 14.2 of an opponent in the primary election is no longer bound by the 14.3 limits but remains eligible to receive a public subsidy. 14.4 Sec. 15. Minnesota Statutes 2000, section 10A.25, is 14.5 amended by adding a subdivision to read: 14.6 Subd. 14. [INDEPENDENT EXPENDITURES BY CANDIDATES.] A 14.7 candidate's principal campaign committee must not make an 14.8 independent expenditure on behalf of another principal campaign 14.9 committee. 14.10 Sec. 16. Minnesota Statutes 2000, section 10A.25, is 14.11 amended by adding a subdivision to read: 14.12 Subd. 15. [EXPENDITURES BY POLITICAL PARTIES.] A political 14.13 party or party unit must not make an independent expenditure or 14.14 transfer money to its national party. 14.15 Sec. 17. Minnesota Statutes 2000, section 10A.25, is 14.16 amended by adding a subdivision to read: 14.17 Subd. 16. [LIMITS ON PARTY CAUCUSES.] (a) In a year in 14.18 which a general election is held for a house of the legislature, 14.19 the members of a party caucus in that house must not make 14.20 campaign expenditures that result in aggregate expenditures in 14.21 excess of $500,000. 14.22 (b) During an election cycle, in any year before the 14.23 general election year for a house of the legislature, the 14.24 members of a party caucus in that house must not make campaign 14.25 expenditures that exceed 20 percent of the general election year 14.26 limit. 14.27 (c) A party caucus in a house of the legislature that has 14.28 agreed to be bound by the expenditure limits imposed by this 14.29 subdivision as a condition of receiving a public subsidy is 14.30 released from the expenditure limits but remains eligible to 14.31 receive a public subsidy if another party caucus in the same 14.32 house of the legislature has not agreed to be bound by the 14.33 limits and has received contributions or made or become 14.34 obligated to make expenditures during that election cycle in 14.35 excess of 50 percent of the expenditure limit set forth in 14.36 paragraph (a). 15.1 (d) A party caucus in a house of the legislature that has 15.2 not agreed to be bound by the limits must file written notice 15.3 with the board and provide written notice to every other party 15.4 caucus in the same house of the legislature within 24 hours 15.5 after exceeding the limit in paragraph (c). The notice must 15.6 state only that the party caucus has received contributions or 15.7 made or become obligated to make campaign expenditures in excess 15.8 of the limit in paragraph (c). Upon receipt of the notice, a 15.9 party caucus that had agreed to be bound by the limits is no 15.10 longer bound by the expenditure limits but remains eligible to 15.11 receive a public subsidy. 15.12 Sec. 18. Minnesota Statutes 2000, section 10A.257, 15.13 subdivision 1, is amended to read: 15.14 Subdivision 1. [UNUSED FUNDS.] After all campaign 15.15 expenditures and noncampaign disbursements for an election cycle 15.16 have been made, an amount up to 50 percent of theelection year15.17 expenditure limit for the office may be carried forward. Any 15.18 remaining amount up to the total amount of the public subsidy 15.19 from the state elections campaign fund must be returned to the 15.20 state treasury for credit to the general fund under section 15.21 10A.324. Any remaining amount in excess of the total public 15.22 subsidy must be contributed to the state elections campaign fund 15.23 or a political party for multicandidate expenditures as defined 15.24 in section 10A.275. 15.25 Sec. 19. Minnesota Statutes 2000, section 10A.27, 15.26 subdivision 1, is amended to read: 15.27 Subdivision 1. [CONTRIBUTION LIMITS.] (a) Except as 15.28 provided insubdivisionsubdivisions 1a and 2, a candidate must 15.29 not permit the candidate's principal campaign committee to 15.30 accept aggregate contributions made or delivered by any 15.31 individual, political committee, or political fund in excess of 15.32 the following: 15.33 (1) to candidates for governor and lieutenant governor 15.34 running together,$2,000$1,000 in an electionyear for the15.35office sought and $500 in other yearscycle; 15.36 (2) to a candidate for attorney general, $1,000 in an 16.1 electionyear for the office sought and $200 in other years16.2 cycle; 16.3 (3) to a candidate for the office of secretary of state or 16.4 state auditor, $500 in an electionyear for the office sought16.5and $100 in other yearscycle; 16.6 (4) to a candidate for state senator, $500 in an election 16.7year for the office sought and $100 in other yearscycle; and 16.8 (5) to a candidate for state representative, $500 in an 16.9 electionyear for the office sought and $100 in the other16.10yearcycle. 16.11 (b) The following deliveries are not subject to the 16.12 bundling limitation in this subdivision: 16.13 (1) delivery of contributions collected by a member of the 16.14 candidate's principal campaign committee, such as a block worker16.15or a volunteer who hosts a fund raising event, to the16.16committee's treasurerregistered with the board to accept 16.17 contributions on behalf of the committee; and 16.18 (2) a delivery made by an individual on behalf of the 16.19 individual's spouse. 16.20 Sec. 20. Minnesota Statutes 2000, section 10A.27, is 16.21 amended by adding a subdivision to read: 16.22 Subd. 1a. [LIMIT ON CANDIDATES WHO AGREE TO SPENDING 16.23 LIMIT.] A candidate who has signed a spending limit agreement 16.24 under section 10A.322 must not permit the candidate's principal 16.25 campaign committee to accept aggregate contributions made or 16.26 delivered by an individual in excess of $100 in any year or by a 16.27 political committee, political fund, party unit, or lobbyist in 16.28 any amount. 16.29 The following deliveries are not subject to the bundling 16.30 limitation in this subdivision: 16.31 (1) delivery of contributions collected by a member of the 16.32 candidate's principal campaign committee registered with the 16.33 board to accept contributions on behalf of the committee; and 16.34 (2) a delivery made by an individual on behalf of the 16.35 individual's spouse. 16.36 Sec. 21. Minnesota Statutes 2000, section 10A.27, 17.1 subdivision 11, is amended to read: 17.2 Subd. 11. [CONTRIBUTIONS FROM CERTAIN TYPES OF 17.3 CONTRIBUTORS.] A candidate must not permit the candidate's 17.4 principal campaign committee to accept a contribution from a 17.5 political committee, political fund, party unit, lobbyist, or 17.6 large contributor, if the contribution will cause the aggregate 17.7 contributions from those types of contributors to exceed an 17.8 amount equal to 20 percent of the expenditure limits for the 17.9 office sought by the candidate. For purposes of this 17.10 subdivision, "large contributor" means an individual, other than 17.11 the candidate, who contributes an amount that is more than $100 17.12 and more than one-half the amount an individual may contribute. 17.13 Sec. 22. Minnesota Statutes 2000, section 10A.27, is 17.14 amended by adding a subdivision to read: 17.15 Subd. 14. [CONTRIBUTIONS TO PARTY CAUCUSES.] The chair of 17.16 a party caucus within a house of the legislature that is subject 17.17 to a spending limit agreement under section 10A.322 must not 17.18 permit the caucus to accept aggregate contributions made or 17.19 delivered by an individual in excess of $100 in any year or by a 17.20 political committee, political fund, party unit, or lobbyist in 17.21 any amount. 17.22 Sec. 23. Minnesota Statutes 2000, section 10A.27, is 17.23 amended by adding a subdivision to read: 17.24 Subd. 15. [CONTRIBUTIONS TO OTHER POLITICAL COMMITTEES OR 17.25 FUNDS.] The treasurer of a political committee, political fund, 17.26 or party unit must not permit the political committee, political 17.27 fund, or party unit to accept aggregate contributions from an 17.28 individual or association in an amount more than $500 in an 17.29 election cycle. 17.30 Sec. 24. Minnesota Statutes 2000, section 10A.27, is 17.31 amended by adding a subdivision to read: 17.32 Subd. 16. [AGGREGATE LIMIT ON INDIVIDUALS.] An individual 17.33 may not contribute more than $5,000 in aggregate contributions 17.34 for any purpose to all candidates, political committees, 17.35 political funds, and party units in an election cycle. 17.36 Sec. 25. Minnesota Statutes 2000, section 10A.275, 18.1 subdivision 1, is amended to read: 18.2 Subdivision 1. [EXCEPTIONS.] Notwithstanding other 18.3 provisions of this chapter, the following expenditures by a 18.4 party unit, or two or more party units acting together, with at 18.5 least one party unit being either: the state committee or the 18.6 party organization within a congressional district, county, or 18.7 legislative district, are not considered contributions to or 18.8 expenditures on behalf of a candidate for the purposes of 18.9 section 10A.25 or 10A.27 and must not be allocated to candidates 18.10 under section 10A.20, subdivision 3, paragraph (g): 18.11 (1) expenditures on behalf of candidates of that party 18.12 generally without referring to any of them specifically in a 18.13 published, posted, or broadcast advertisement; 18.14 (2) expenditures for the preparation, display, mailing, or 18.15 other distribution of an official party sample ballot listing 18.16 the names of three or more individuals whose names are to appear 18.17 on the ballot; or 18.18 (3) expenditures for a telephone conversationincluding18.19 mentioning with roughly equal emphasis the names of three or 18.20 more individuals whose names are to appear on the ballot;18.21(4) expenditures for a political party fundraising effort18.22on behalf of three or more candidates; or18.23(5) expenditures for party committee staff services that18.24benefit three or more candidates. 18.25 Sec. 26. Minnesota Statutes 2000, section 10A.28, 18.26 subdivision 1, is amended to read: 18.27 Subdivision 1. [EXCEEDING EXPENDITURE LIMITS.] (a) A 18.28 candidate subject to the expenditure limits in section 10A.25 18.29 who permits the candidate's principal campaign committee to make 18.30 expenditures or permits approved expenditures to be made on the 18.31 candidate's behalf in excess of the limits imposed by section 18.32 10A.25, as adjusted by section 10A.255, is subject to a civil 18.33 fine of up to four times the amount by which the expenditures 18.34 exceeded the limit. 18.35 (b) The chair of a political party or party unit subject to 18.36 the prohibition in section 10A.25 that makes expenditures in 19.1 violation of section 10A.25 is subject to a civil fine of up to 19.2 four times the amount of the expenditures. 19.3 (c) The chair of a party caucus within a house of the 19.4 legislature subject to the expenditure limits in section 10A.25 19.5 who permits the caucus to make expenditures in excess of the 19.6 limits imposed by section 10A.25, as adjusted by section 19.7 10A.255, is subject to a civil fine of up to four times the 19.8 amount by which the expenditures exceeded the limit. 19.9 Sec. 27. Minnesota Statutes 2000, section 10A.28, 19.10 subdivision 2, is amended to read: 19.11 Subd. 2. [EXCEEDING CONTRIBUTION LIMITS.] A candidate who 19.12 permits the candidate's principal campaign committee to accept 19.13 contributions in excess of the limits imposed by section 10A.27 19.14 is subject to a civil fine of up to four times the amount by 19.15 which the contribution exceeded the limits. The chair of a 19.16 party caucus within a house of the legislature who permits the 19.17 caucus to accept contributions in excess of the limits imposed 19.18 by section 10A.27 is subject to a civil fine of up to four times 19.19 the amount by which the contribution exceeded the limits. 19.20 Sec. 28. Minnesota Statutes 2000, section 10A.315, is 19.21 amended to read: 19.22 10A.315 [SPECIAL ELECTION SUBSIDY.] 19.23 (a) Each eligible candidate for a legislative office in a 19.24 special election must be paid a public subsidy equal tothe sum19.25of:19.26(1) the party account money at the last general election19.27for the candidate's party for the office the candidate is19.28seeking; and19.29(2)thegeneral account moneypublic subsidy paid to a 19.30 candidate for the same office atthe lasta general election. 19.31 (b) A candidate who wishes to receive this public subsidy 19.32 must submit a signed agreement under section 10A.322 to the 19.33 board and must meet the contribution requirements of section 19.34 10A.323. The special election subsidy must be distributed in 19.35 the same manner as moneyin the party and general accountsis 19.36 distributed to legislative candidates in a general election. 20.1 (c) The amount necessary to make the payments required by 20.2 this section is appropriated from the general fund to the board. 20.3 Sec. 29. Minnesota Statutes 2000, section 10A.322, is 20.4 amended to read: 20.5 10A.322 [SPENDING LIMIT AGREEMENTS.] 20.6 Subdivision 1. [AGREEMENT BY CANDIDATE.] (a) As a 20.7 condition of receiving a public subsidy, a candidate must sign 20.8 and file with the board a written agreement in which the 20.9 candidate agrees that the candidate will comply with sections 20.10 10A.25; 10A.27, subdivision 10;and10A.324; and 10A.38. 20.11 (b) Before the first day of filing for office, the board 20.12 must forward agreement forms to all filing officers. The board 20.13 must also provide agreement forms to candidates on request at 20.14 any time. The candidate must file the agreement with the board 20.15by September 1 preceding the candidate's general election or a20.16special election held at the general electionnot later than the 20.17 day after the candidate files the affidavit of candidacy for the 20.18 office. An agreement may not be filed after that date. An 20.19 agreement once filed may not be rescinded. 20.20 (c) The board must notify the commissioner of revenue of 20.21 any agreementsignedfiled under this subdivision. 20.22 (d)Notwithstanding paragraph (b), if a vacancy occurs that20.23will be filled by means of a special election and the filing20.24period does not coincide with the filing period for the general20.25election, a candidate may sign and submit a spending limit20.26agreement not later than the day after the candidate files the20.27affidavit of candidacy or nominating petition for the office.20.28Subd. 2. [HOW LONG AGREEMENT IS EFFECTIVE.]The agreement, 20.29 insofar as it relates to the expenditure limits in section 20.30 10A.25, as adjusted by section 10A.255, and the contribution 20.31 limit in section 10A.27, subdivision 10, remains effective for 20.32 candidates until the dissolution of the principal campaign 20.33 committee of the candidate or the end of the first election 20.34 cycle completed after the agreement was filed, whichever occurs 20.35 first. 20.36 Subd. 2a. [AGREEMENT BY POLITICAL PARTY.] (a) As a 21.1 condition of receiving a public subsidy, the chair of the state 21.2 committee of a political party must sign and file with the board 21.3 a written agreement in which the state committee agrees that the 21.4 political party and all its party units, other than a 21.5 legislative party caucus, will comply with section 10A.25. An 21.6 agreement once filed may not be rescinded. 21.7 (b) The board must provide agreement forms to political 21.8 parties on request at any time. The state chair must file the 21.9 agreement with the board by February 1 of the general election 21.10 year. 21.11 (c) The spending limit agreement remains in effect until 21.12 the end of the first general election cycle completed after the 21.13 agreement was filed or the dissolution of the political party, 21.14 whichever occurs first. 21.15 (d) The board must notify the commissioner of revenue of an 21.16 agreement filed under this subdivision. 21.17 Subd. 2b. [AGREEMENT BY PARTY CAUCUS.] (a) As a condition 21.18 of receiving a public subsidy, the chair of a party caucus in a 21.19 house of the legislature must sign and file with the board a 21.20 written agreement in which the caucus agrees that it will comply 21.21 with sections 10A.25 and 10A.27, subdivision 14. An agreement 21.22 once filed may not be rescinded. 21.23 (b) The board must provide agreement forms to legislative 21.24 party caucuses on request at any time. The party caucus must 21.25 file the agreement with the board by February 1 of the general 21.26 election year. 21.27 (c) The spending limit agreement remains in effect until 21.28 the end of the first election cycle completed after the 21.29 agreement was filed or the dissolution of the legislative party 21.30 caucus, whichever occurs first. 21.31 (d) The board must notify the commissioner of revenue of an 21.32 agreement filed under this subdivision. 21.33 Subd. 4. [REFUND RECEIPT FORMS; PENALTY.] (a) The board 21.34 must make available to apolitical party on request and to any21.35 candidate, political party, or legislative party caucus for whom 21.36 an agreement under this section is effective, a supply of 22.1 official refund receipt forms that state in boldface type that 22.2 (1) a contributor who is given a receipt form is eligible to 22.3 claim a refund as provided in section 290.06, subdivision 23, 22.4 and (2)if the contribution is to a candidate, thatthe 22.5 candidate, political party, or legislative party caucus has 22.6 signed an agreement to limit campaign expenditures as provided 22.7 in this section. The forms must provide duplicate copies of the 22.8 receipt to be attached to the contributor's claim. A principal 22.9 campaign committee or party unit must return to the board with 22.10 its termination report or destroy any official receipt forms 22.11 that have not been issued. 22.12 (b) A candidate who does not sign an agreement under this 22.13 section and who willfully issues an official refund receipt form 22.14 or a facsimile of one to any of the candidate's contributors is 22.15 guilty of a misdemeanor. If the state chair of a political 22.16 party has not signed an agreement under this section and the 22.17 chair of a party unit willfully issues an official refund 22.18 receipt form or a facsimile of one to any of the party's 22.19 contributors, the chair of the party unit is guilty of a 22.20 misdemeanor. If the chair of a legislative party caucus has not 22.21 signed an agreement under this section and the caucus chair 22.22 willfully issues an official refund receipt form or a facsimile 22.23 of one to any of the caucus's contributors, the caucus chair is 22.24 guilty of a misdemeanor. 22.25 Sec. 30. [10A.3235] [PUBLIC SUBSIDY TO CANDIDATES.] 22.26 Subdivision 1. [APPROPRIATION.] In each general election 22.27 year there is appropriated from the general fund a sum 22.28 sufficient to pay the public subsidy provided for in this 22.29 section. 22.30 Subd. 2. [ELIGIBILITY.] A candidate who has duly filed a 22.31 spending limit agreement under section 10A.322, an affidavit of 22.32 contributions under section 10A.323, and an affidavit of 22.33 candidacy under section 204B.06, and who is opposed in either 22.34 the primary or general election is eligible to receive a public 22.35 subsidy under this section. Upon determining that a candidate 22.36 is eligible, the board must designate the candidate as 23.1 participating. 23.2 Subd. 3. [FORM OF PAYMENT.] The payment must be in the 23.3 form of a check made payable to "the campaign fund of ...... 23.4 (name of candidate) ......" A check may include as an 23.5 additional payee a financial institution named by the candidate 23.6 in a notice filed with the board at least ten days before the 23.7 payment was due to be made. Once the notice has been filed, the 23.8 candidate may not remove or change the name of the additional 23.9 payee without filing with the board the written approval of the 23.10 financial institution previously named. 23.11 Subd. 4. [PAYMENT FOR PRIMARY ELECTION.] Within ten days 23.12 after the close of filings for office, the board must pay each 23.13 participating candidate who has an opponent in a major party 23.14 primary a public subsidy equal to 25 percent of the candidate's 23.15 spending limit. 23.16 Subd. 5. [PAYMENT FOR GENERAL ELECTION.] As soon as the 23.17 board has obtained from the secretary of state the results of 23.18 the primary election, but no later than one week after the state 23.19 canvassing board has certified the results of the primary, the 23.20 board must pay to each participating candidate whose name will 23.21 appear on the ballot and who has an opponent in the general 23.22 election a public subsidy equal to 70 percent of the candidate's 23.23 spending limit, less any amount paid under subdivision 4. 23.24 Subd. 6. [PAYMENT TO MATCH EXCESS SPENDING.] Within five 23.25 days after receipt of a report of excess spending under section 23.26 10A.20, subdivision 2, 6, or 6c, the board must notify any 23.27 participating opponent of the nonparticipating candidate of the 23.28 amount of increase in the spending limit of the participating 23.29 candidate and pay the participating candidate an additional 23.30 public subsidy. The amount of the subsidy is equal to the 23.31 amount of the excess spending reported, subject to the limit in 23.32 subdivision 8. 23.33 Subd. 7. [PAYMENT TO MATCH INDEPENDENT EXPENDITURES.] (a) 23.34 Within five days after receipt of a notice of independent 23.35 expenditures under section 10A.20, subdivision 2, 6, or 6b, the 23.36 board must notify a participating candidate of the amount of 24.1 increase in the spending limit of the participating candidate 24.2 and pay the participating candidate an additional public subsidy 24.3 as provided in this subdivision, subject to the limit in 24.4 subdivision 8. 24.5 (b) If the independent expenditure advocates the defeat of 24.6 a participating candidate, the board must pay a subsidy to the 24.7 participating candidate equal to the independent expenditure. 24.8 (c) If the independent expenditure advocates the election 24.9 of a participating candidate, the board must pay a subsidy to 24.10 each participating opponent of the candidate equal to the 24.11 independent expenditure. 24.12 (d) If the independent expenditure advocates the election 24.13 of a nonparticipating candidate, the board must pay a subsidy to 24.14 each participating opponent of the candidate. The amount of the 24.15 public subsidy is the amount by which the sum of campaign 24.16 expenditures by the nonparticipating candidate plus the 24.17 independent expenditure exceeds the public subsidy previously 24.18 paid or due to the participating candidate. 24.19 (e) For purposes of this subdivision, before the primary 24.20 election, "opponent" means a candidate whose name is on the 24.21 ballot for the primary of the same major party or, if there is 24.22 none, a candidate whose name will be on the ballot for the 24.23 general election. If an independent expenditure that advocates 24.24 the election of a candidate is made before the primary, and the 24.25 candidate wins the primary, "opponent" also means any other 24.26 candidate whose name will appear on the ballot in the general 24.27 election, but the notice required by this subdivision need not 24.28 be given and the public subsidy need not be paid until one week 24.29 after the state canvassing board has certified the results of 24.30 the primary. 24.31 Subd. 8. [OVERALL LIMIT.] The total public subsidy paid to 24.32 a participating candidate under this section may not exceed 24.33 three times the candidate's original spending limit. 24.34 Sec. 31. [10A.3237] [PUBLIC SUBSIDY TO POLITICAL PARTIES.] 24.35 Subdivision 1. [APPROPRIATION.] In each general election 24.36 year there is appropriated from the general fund a sum 25.1 sufficient to pay the public subsidy provided for in this 25.2 section. 25.3 Subd. 2. [CERTIFICATION.] By February 1 of each general 25.4 election year, the secretary of state must certify to the board 25.5 the name and mailing address of each major political party. 25.6 Subd. 3. [PAYMENT TO STATE COMMITTEE.] By August 1 in each 25.7 general election year, the board must pay to the state committee 25.8 of each major political party that has signed and filed with the 25.9 board a spending limit agreement under section 10A.322 a public 25.10 subsidy of $200,000, plus $200,000 if the state committee of any 25.11 other major political party has not likewise signed and filed 25.12 with the board a spending limit agreement. 25.13 Subd. 4. [PAYMENT TO LEGISLATIVE CAUCUS.] (a) By August 1 25.14 in each general election year, the board must pay a public 25.15 subsidy to each major political party caucus in a house of the 25.16 legislature that has a general election that year, if the caucus 25.17 has at least ten members in the senate or 20 members in the 25.18 house of representatives and the caucus chair has signed and 25.19 filed with the board a spending limit agreement under section 25.20 10A.322. The amount of the subsidy is $100,000, plus $100,000 25.21 if the chair of any other major political party caucus in the 25.22 same house with at least ten members in the senate or 20 members 25.23 in the house of representatives has not likewise signed and 25.24 filed with the board a spending limit agreement. 25.25 (b) A legislative major party caucus may, by a written 25.26 notice filed with the board, waive its right to all or part of 25.27 its allocation under paragraph (a) and the board must reallocate 25.28 to the state committee the amount waived. 25.29 Subd. 5. [USE OF PUBLIC SUBSIDY.] Money allocated to a 25.30 party unit under subdivision 3 or 4 must be deposited in a 25.31 separate account and must not be spent to support any candidate 25.32 who has not signed and filed with the board a spending limit 25.33 agreement. 25.34 Sec. 32. [10A.38] [PUBLIC DEBATES.] 25.35 As a condition of receiving a public subsidy, a candidate 25.36 must agree to participate in at least two public debates before 26.1 the primary and at least two public debates before the general 26.2 election with the candidate's major political party opponents if 26.3 a statewide nonprofit, nonpartisan organization with experience 26.4 in sponsoring debates at the state or national level offers to 26.5 sponsor a debate between the candidate and the candidate's major 26.6 party opponents. For purposes of this section, "nonpartisan" 26.7 means that the organization does not endorse candidates, 26.8 contribute to candidates, or make independent expenditures and 26.9 does not have any affiliate organizations that do. Disputes 26.10 concerning scheduling and conduct of debates must be mediated by 26.11 the bureau of mediation services. 26.12 Sec. 33. Minnesota Statutes 2000, section 200.02, 26.13 subdivision 7, is amended to read: 26.14 Subd. 7. [MAJOR POLITICAL PARTY.] "Major political party" 26.15 means a political party that maintains a party organization in 26.16 the state, political division or precinct in question and: 26.17 (a) which has presented at least one candidate for election 26.18 toa partisanthe office of governor, senator in Congress, or 26.19 presidential elector at the last preceding state general 26.20 election for that office, which candidate received votes in each 26.21 county in that election and received votes from not less than 26.22 five percent of the total number of individuals who voted in 26.23 that election; or 26.24 (b) whose members present to the secretary of state a 26.25 petition for a place on the state partisan primary ballot, which 26.26 petition contains signatures of a number of the party members 26.27 equal to at least five percent of the total number of 26.28 individuals who voted in the preceding state general election. 26.29 Sec. 34. Minnesota Statutes 2000, section 200.02, is 26.30 amended by adding a subdivision to read: 26.31 Subd. 24. [PARTY UNIT.] "Party unit" means the state 26.32 committee or the party organization within a house of the 26.33 legislature, congressional district, county, legislative 26.34 district, municipality, or precinct. 26.35 Sec. 35. Minnesota Statutes 2000, section 290.06, 26.36 subdivision 23, is amended to read: 27.1 Subd. 23. [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES 27.2 AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the 27.3 amount of the taxpayer's contributions made in the calendar year 27.4 to candidates and to a political party. The maximum refund for 27.5 an individual must not exceed$50$100 and for a married couple, 27.6 filing jointly, must not exceed$100$200. A refund of a 27.7 contribution is allowed only if the taxpayer files a form 27.8 required by the commissioner and attaches to the form a copy of 27.9 an official refund receipt form issued by the candidate or party 27.10 and signed by the candidate, the treasurer of the candidate's 27.11 principal campaign committee, or the chair or treasurer of the 27.12 party unit, after the contribution was received. The receipt 27.13 forms must be numbered, and the data on the receipt that are not 27.14 public must be made available to the campaign finance and public 27.15 disclosure board upon its request. A claim must be filed with 27.16 the commissioner no sooner than January 1 of the calendar year 27.17 in which the contribution was made and no later than April 15 of 27.18 the calendar year following the calendar year in which the 27.19 contribution was made. A taxpayer may file only one claim per 27.20 calendar year. Amounts paid by the commissioner after June 15 27.21 of the calendar year following the calendar year in which the 27.22 contribution was made must include interest at the rate 27.23 specified in section 270.76. 27.24 (b) No refund is allowed under this subdivision for a 27.25 contribution to a candidate unless the candidate: 27.26 (1) has signed and filed an agreement to limit campaign 27.27 expenditures as provided in section 10A.322; 27.28 (2) is seeking an office for which voluntary spending 27.29 limits are specified in section 10A.25; and 27.30 (3) has designated a principal campaign committee. 27.31 This subdivision does not limit the campaign expenditures 27.32 of a candidate who does not sign an agreement but accepts a 27.33 contribution for which the contributor improperly claims a 27.34 refund. 27.35 No refund is allowed under this subdivision for a 27.36 contribution to a political party or party unit unless the state 28.1 chair of the political party has signed and filed an agreement 28.2 to limit campaign expenditures as provided in section 10A.322. 28.3 No refund is allowed under this subdivision for a 28.4 contribution to a party unit that is a legislative party caucus 28.5 unless the chair of the legislative party caucus has signed and 28.6 filed an agreement to limit campaign expenditures as provided in 28.7 section 10A.322. 28.8 (c) For purposes of this subdivision, "political party" 28.9means a major political party as defined in section 200.02,28.10subdivision 7, or a minor political party qualifying for28.11inclusion on the income tax or property tax refund form under28.12section 10A.31, subdivision 3ahas the meaning given it in 28.13 section 10A.01, subdivision 29. 28.14A "major party" or "minor party" includes the aggregate of28.15that party's organization within each house of the legislature,28.16the state party organization, and the party organization within28.17congressional districts, counties, legislative districts,28.18municipalities, and precincts."Party unit" has the meaning 28.19 given it in section 10A.01, subdivision 30. 28.20 "Candidate" means a candidate as defined in section 10A.01, 28.21 subdivision 10, except a candidate for judicial office. 28.22 "Contribution" means a gift of money. 28.23 (d) The commissioner shall make copies of the form 28.24 available to the public and candidates upon request. 28.25 (e) The following data collected or maintained by the 28.26 commissioner under this subdivision are private: the identities 28.27 of individuals claiming a refund, the identities of candidates 28.28 to whom those individuals have made contributions, and the 28.29 amount of each contribution. 28.30 (f) The commissioner shall report to the campaign finance 28.31 and public disclosure board by each August 1 a summary showing 28.32 the total number and aggregate amount of political contribution 28.33 refunds made on behalf of each candidate and each political 28.34 party. These data are public. 28.35 (g) The amount necessary to pay claims for the refund 28.36 provided in this section is appropriated from the general fund 29.1 to the commissioner of revenue. 29.2 Sec. 36. [TRANSITION.] 29.3 Subdivision 1. [ELECTION CYCLE.] Notwithstanding Minnesota 29.4 Statutes, section 10A.01, subdivision 16, the first election 29.5 cycle begins on the effective date of this act and concludes on 29.6 December 31 following the next general election for the office. 29.7 Subd. 2. [CONTRIBUTION LIMITS.] Contributions to a 29.8 candidate that were made before the effective date of this act 29.9 and were lawful when made need not be refunded, even though they 29.10 exceed the new limits on contributions in this act. 29.11 Subd. 3. [EXPENDITURE LIMITS.] All spending limit 29.12 agreements filed with the campaign finance and public disclosure 29.13 board before the effective date of this act become void on that 29.14 date and all eligibility for continued public subsidies under 29.15 Minnesota Statutes, chapter 10A or 290, is ended on that date. 29.16 The new expenditure limits and eligibility for a public subsidy 29.17 under this act apply to candidates who sign and file with the 29.18 campaign finance and public disclosure board a new spending 29.19 limit agreement under Minnesota Statutes, section 10A.322, on or 29.20 after its effective date. 29.21 Sec. 37. [REPEALER.] 29.22 Minnesota Statutes 2000, sections 10A.25, subdivision 6; 29.23 and 10A.31, are repealed. 29.24 Sec. 38. [EFFECTIVE DATE.] 29.25 This act is effective the day following final enactment. 29.26 The spending limits in Minnesota Statutes, section 10A.25, 29.27 subdivision 2, as amended by this act, apply to the general 29.28 election in 2002 and must not be adjusted for inflation under 29.29 Minnesota Statutes, section 10A.255, until the 2004 election 29.30 cycle.