SF 388

1st Engrossment - 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 fair and clean 
  1.3             elections; increasing disclosure of campaign 
  1.4             contributions to candidates; encouraging candidates to 
  1.5             accept only clean money for their political campaigns; 
  1.6             limiting campaign contributions and expenditures; 
  1.7             increasing public subsidies for state candidates who 
  1.8             agree to limit the sources and amounts of 
  1.9             contributions to their campaigns; appropriating money; 
  1.10            amending Minnesota Statutes 2000, sections 10A.01, 
  1.11            subdivisions 1, 9, 18; 10A.02, subdivisions 8, 10, 11, 
  1.12            11a, 12, 13; 10A.025, subdivisions 1, 2; 10A.071, 
  1.13            subdivision 3; 10A.25, subdivision 1, by adding a 
  1.14            subdivision; 10A.28, subdivision 1; 10A.31, 
  1.15            subdivisions 3, 5; 10A.322; 10A.34; 10A.37; 129D.13, 
  1.16            by adding a subdivision; 129D.14, by adding a 
  1.17            subdivision; 204B.11, subdivision 1; 211A.13; 211B.12; 
  1.18            211B.15, subdivision 16; 340A.404, subdivision 10; 
  1.19            353.03, subdivision 1; 383B.042, subdivision 5; 
  1.20            Minnesota Statutes 2001 Supplement, sections 290.06, 
  1.21            subdivision 23; proposing coding for new law in 
  1.22            Minnesota Statutes, chapter 211B; proposing coding for 
  1.23            new law as Minnesota Statutes, chapter 10B; repealing 
  1.24            Minnesota Statutes 2000, sections 10A.01, subdivisions 
  1.25            3, 4, 6, 7, 9, 10, 11, 12, 13, 15, 16, 17, 18, 20, 23, 
  1.26            25, 26, 27, 28, 29, 30, 32, 34, 36; 10A.105; 10A.11; 
  1.27            10A.12; 10A.13; 10A.14; 10A.15; 10A.16; 10A.17; 
  1.28            10A.18; 10A.20; 10A.24; 10A.241; 10A.242; 10A.25; 
  1.29            10A.255; 10A.257; 10A.27; 10A.273; 10A.275; 10A.28; 
  1.30            10A.29; 10A.30; 10A.31; 10A.315; 10A.321; 10A.322; 
  1.31            10A.323; 10A.324; Minnesota Statutes 2001 Supplement, 
  1.32            sections 10A.31, subdivisions 3a, 7; 290.06, 
  1.33            subdivision 23. 
  1.34  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.35                             ARTICLE 1
  1.36     Section 1.  [FAIR AND CLEAN ELECTIONS ACT.] 
  1.37     This act may be cited as the Fair and Clean Elections Act.  
  1.38     Sec. 2.  Minnesota Statutes 2000, section 10A.01, 
  1.39  subdivision 1, is amended to read: 
  2.1      Subdivision 1.  [APPLICATION.] For the purposes of this 
  2.2   chapter and chapter 10B, the terms defined in this section have 
  2.3   the meanings given them unless the context clearly indicates 
  2.4   otherwise. 
  2.5      Sec. 3.  Minnesota Statutes 2000, section 10A.02, 
  2.6   subdivision 8, is amended to read: 
  2.7      Subd. 8.  [DUTIES.] (a) The board must report at the close 
  2.8   of each fiscal year to the legislature, the governor, and the 
  2.9   public concerning the action it has taken, the names, salaries, 
  2.10  and duties of all individuals in its employ, and the money it 
  2.11  has disbursed.  The board must include and identify in its 
  2.12  report any other reports it has made during the fiscal year.  It 
  2.13  may indicate apparent abuses and offer legislative 
  2.14  recommendations. 
  2.15     (b) The board must prescribe forms for statements and 
  2.16  reports required to be filed under this chapter or chapter 10B 
  2.17  and make the forms available to individuals required to file 
  2.18  them. 
  2.19     (c) The board must make available to the individuals 
  2.20  required to file the reports and statements a manual setting 
  2.21  forth the recommended uniform methods of bookkeeping and 
  2.22  reporting. 
  2.23     (d) The board must develop a filing, coding, and 
  2.24  cross-indexing system consistent with the purposes of this 
  2.25  chapter and chapter 10B. 
  2.26     (e) The board must make the reports and statements filed 
  2.27  with it available for public inspection and copying by the end 
  2.28  of the second day following the day on which they were 
  2.29  received.  An individual may copy a report or statement by hand 
  2.30  or by duplicating machine and the board must provide duplicating 
  2.31  services at cost for this purpose.  
  2.32     (f) Notwithstanding section 138.163, the board must 
  2.33  preserve reports and statements for a period of five years from 
  2.34  the date of receipt. 
  2.35     (g) The board must compile and maintain a current list and 
  2.36  summary of all statements or parts of statements pertaining to 
  3.1   each candidate. 
  3.2      (h) The board may prepare and publish reports it considers 
  3.3   appropriate. 
  3.4      Sec. 4.  Minnesota Statutes 2000, section 10A.02, 
  3.5   subdivision 10, is amended to read: 
  3.6      Subd. 10.  [AUDITS AND INVESTIGATIONS.] The board may make 
  3.7   audits and investigations with respect to statements and reports 
  3.8   that are filed or that should have been filed under this chapter 
  3.9   or chapter 10B.  In all matters relating to its official duties, 
  3.10  the board has the power to issue subpoenas and cause them to be 
  3.11  served.  If a person does not comply with a subpoena, the board 
  3.12  may apply to the district court of Ramsey county for issuance of 
  3.13  an order compelling obedience to the subpoena.  A person failing 
  3.14  to obey the order is punishable by the court as for contempt. 
  3.15     Sec. 5.  Minnesota Statutes 2000, section 10A.02, 
  3.16  subdivision 11, is amended to read: 
  3.17     Subd. 11.  [VIOLATIONS; ENFORCEMENT.] (a) The board may 
  3.18  investigate any alleged violation of this chapter or chapter 
  3.19  10B.  The board must investigate any violation that is alleged 
  3.20  in a written complaint filed with the board and must within 30 
  3.21  days after the filing of the complaint make a public finding of 
  3.22  whether there is probable cause to believe a violation has 
  3.23  occurred, except that if the complaint alleges a violation of 
  3.24  section 10A.25 or 10A.27 10B.13 or 10B.17, the board must either 
  3.25  enter a conciliation agreement or make a public finding of 
  3.26  whether there is probable cause, within 60 days after the filing 
  3.27  of the complaint.  The deadline for action on a written 
  3.28  complaint may be extended by majority vote of the board.  
  3.29     (b) Within a reasonable time after beginning an 
  3.30  investigation of an individual or association, the board must 
  3.31  notify the individual or association of the fact of the 
  3.32  investigation.  The board must not make a finding of whether 
  3.33  there is probable cause to believe a violation has occurred 
  3.34  without notifying the individual or association of the nature of 
  3.35  the allegations and affording an opportunity to answer those 
  3.36  allegations.  
  4.1      (c) A hearing or action of the board concerning a complaint 
  4.2   or investigation other than a finding concerning probable cause 
  4.3   or a conciliation agreement is confidential.  Until the board 
  4.4   makes a public finding concerning probable cause or enters a 
  4.5   conciliation agreement: 
  4.6      (1) a member, employee, or agent of the board must not 
  4.7   disclose to an individual information obtained by that member, 
  4.8   employee, or agent concerning a complaint or investigation 
  4.9   except as required to carry out the investigation or take action 
  4.10  in the matter as authorized by this chapter or chapter 10B; and 
  4.11     (2) an individual who discloses information contrary to 
  4.12  this subdivision is guilty of a misdemeanor subject to a civil 
  4.13  penalty imposed by the board.  
  4.14     (d) Except as provided in section 10A.28, After the board 
  4.15  makes a public finding of probable cause to believe that a 
  4.16  person has violated this chapter, the board must report that 
  4.17  finding to the appropriate law enforcement authorities. 
  4.18     Sec. 6.  Minnesota Statutes 2000, section 10A.02, 
  4.19  subdivision 11a, is amended to read: 
  4.20     Subd. 11a.  [DATA PRIVACY.] (a) If, after making a public 
  4.21  finding concerning probable cause or entering a conciliation 
  4.22  agreement, the board determines that the record of the 
  4.23  investigation contains statements, documents, or other matter 
  4.24  that, if disclosed, would unfairly injure the reputation of an 
  4.25  innocent individual, the board may: 
  4.26     (1) retain the statement, document, or other matter as a 
  4.27  private record, as defined in section 13.02, subdivision 12, for 
  4.28  a period of one year, after which it must be destroyed; or 
  4.29     (2) return the statement, document, or other matter to the 
  4.30  individual who supplied it to the board. 
  4.31     (b) When publishing reports or statements on its Web site, 
  4.32  the board must not publish the home street address or telephone 
  4.33  number of an individual. 
  4.34     Sec. 7.  Minnesota Statutes 2000, section 10A.02, 
  4.35  subdivision 12, is amended to read: 
  4.36     Subd. 12.  [ADVISORY OPINIONS.] (a) The board may issue and 
  5.1   publish advisory opinions on the requirements of this chapter or 
  5.2   chapter 10B based upon real or hypothetical situations.  An 
  5.3   application for an advisory opinion may be made only by an 
  5.4   individual or association who wishes to use the opinion to guide 
  5.5   the individual's or the association's own conduct.  The board 
  5.6   must issue written opinions on all such questions submitted to 
  5.7   it within 30 days after receipt of written application, unless a 
  5.8   majority of the board agrees to extend the time limit.  
  5.9      (b) A written advisory opinion issued by the board is 
  5.10  binding on the board in a subsequent board proceeding concerning 
  5.11  the person making or covered by the request and is a defense in 
  5.12  a judicial proceeding that involves the subject matter of the 
  5.13  opinion and is brought against the person making or covered by 
  5.14  the request unless: 
  5.15     (1) the board has amended or revoked the opinion before the 
  5.16  initiation of the board or judicial proceeding, has notified the 
  5.17  person making or covered by the request of its action, and has 
  5.18  allowed at least 30 days for the person to do anything that 
  5.19  might be necessary to comply with the amended or revoked 
  5.20  opinion; 
  5.21     (2) the request has omitted or misstated material facts; or 
  5.22     (3) the person making or covered by the request has not 
  5.23  acted in good faith in reliance on the opinion. 
  5.24     (c) A request for an opinion and the opinion itself are 
  5.25  nonpublic data.  The board, however, may publish an opinion or a 
  5.26  summary of an opinion, but may not include in the publication 
  5.27  the name of the requester, the name of a person covered by a 
  5.28  request from an agency or political subdivision, or any other 
  5.29  information that might identify the requester, unless the person 
  5.30  consents to the inclusion. 
  5.31     Sec. 8.  Minnesota Statutes 2000, section 10A.02, 
  5.32  subdivision 13, is amended to read: 
  5.33     Subd. 13.  [RULES.] Chapter 14 applies to the board.  The 
  5.34  board may adopt rules to carry out the purposes of this 
  5.35  chapter or chapter 10B. 
  5.36     Sec. 9.  Minnesota Statutes 2000, section 10A.025, 
  6.1   subdivision 1, is amended to read: 
  6.2      Subdivision 1.  [FILING DATE.] If a scheduled filing date 
  6.3   under this chapter or chapter 10B falls on a Saturday, Sunday, 
  6.4   or legal holiday, the filing date is the next regular business 
  6.5   day. 
  6.6      Sec. 10.  Minnesota Statutes 2000, section 10A.025, 
  6.7   subdivision 2, is amended to read: 
  6.8      Subd. 2.  [PENALTY FOR FALSE STATEMENTS.] (a) A report or 
  6.9   statement required to be filed under this chapter or chapter 10B 
  6.10  must be signed and certified as true by the individual required 
  6.11  to file the report.  An individual who signs and certifies to be 
  6.12  true a report or statement knowing it contains false information 
  6.13  or who knowingly omits required information is guilty of a gross 
  6.14  misdemeanor and subject to a civil penalty of up to $3,000. 
  6.15     (b) If a report of campaign contributions or expenditures 
  6.16  under section 10B.12 is in error, or if a person knowingly fails 
  6.17  to file a report of excess contributions under section 10B.12, 
  6.18  subdivision 7, or a notice of independent expenditures under 
  6.19  section 10B.12, subdivision 10, the board may impose a civil 
  6.20  penalty of up to ten times the amount of the error, or up to ten 
  6.21  times the amount that should have been reported, respectively.  
  6.22     (c) The board may order a candidate to return to the board 
  6.23  any public subsidy the candidate has received.  The board must 
  6.24  deposit the amount returned in the state treasury and credit it 
  6.25  to the general fund.  
  6.26     (d) After making a public finding that it has probable 
  6.27  cause to believe a candidate has violated this subdivision, the 
  6.28  board must bring an action, or transmit the finding to a county 
  6.29  attorney who must bring an action, in the district court of 
  6.30  Ramsey county or, in the case of a legislative candidate, the 
  6.31  district court of a county within the legislative district, to 
  6.32  collect a civil penalty imposed by the board, to demand the 
  6.33  return of any public subsidy paid to the candidate, or to have 
  6.34  the nomination or office declared forfeited.  If a candidate is 
  6.35  judged to have violated this subdivision, the court, after 
  6.36  entering the judgment, may enter a supplemental judgment 
  7.1   declaring that the candidate has forfeited the nomination or 
  7.2   office, except as provided in paragraph (e).  If the court 
  7.3   enters the supplemental judgment, it must transmit to the filing 
  7.4   officer a transcript of the supplemental judgment, the 
  7.5   nomination or office becomes vacant, and the vacancy must be 
  7.6   filled as provided by law. 
  7.7      (e) If the candidate has been elected to the legislature, 
  7.8   the court, after entering the judgment that the candidate has 
  7.9   violated this subdivision, must transmit a transcript of the 
  7.10  judgment to the secretary of the senate or the chief clerk of 
  7.11  the house of representatives, as appropriate, for further 
  7.12  consideration by the house to which the candidate was elected. 
  7.13     Sec. 11.  Minnesota Statutes 2000, section 10A.071, 
  7.14  subdivision 3, is amended to read: 
  7.15     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
  7.16  section do not apply if the gift is: 
  7.17     (1) a contribution as defined in section 10A.01, 
  7.18  subdivision 11 10B.01, subdivision 10; 
  7.19     (2) services to assist an official in the performance of 
  7.20  official duties, including but not limited to providing advice, 
  7.21  consultation, information, and communication in connection with 
  7.22  legislation, and services to constituents; 
  7.23     (3) services of insignificant monetary value; 
  7.24     (4) a plaque or similar memento recognizing individual 
  7.25  services in a field of specialty or to a charitable cause; 
  7.26     (5) a trinket or memento of insignificant value; 
  7.27     (6) informational material of unexceptional value; or 
  7.28     (7) food or a beverage given at a reception, meal, or 
  7.29  meeting away from the recipient's place of work by an 
  7.30  organization before whom the recipient appears to make a speech 
  7.31  or answer questions as part of a program. 
  7.32     (b) The prohibitions in this section do not apply if the 
  7.33  gift is given: 
  7.34     (1) because of the recipient's membership in a group, a 
  7.35  majority of whose members are not officials, and an equivalent 
  7.36  gift is given to the other members of the group; or 
  8.1      (2) by a lobbyist or principal who is a member of the 
  8.2   family of the recipient, unless the gift is given on behalf of 
  8.3   someone who is not a member of that family. 
  8.4      Sec. 12.  Minnesota Statutes 2000, section 10A.34, is 
  8.5   amended to read: 
  8.6      10A.34 [REMEDIES.] 
  8.7      Subdivision 1.  [PERSONAL LIABILITY.] A person charged with 
  8.8   a duty under this chapter or chapter 10B is personally liable 
  8.9   for the penalty for failing to discharge it. 
  8.10     Subd. 1a.  [RECOVERING LATE FEES.] The board may bring an 
  8.11  action in the district court in Ramsey county to recover a late 
  8.12  filing fee imposed under this chapter or chapter 10B.  Money 
  8.13  recovered must be deposited in the general fund of the state. 
  8.14     Subd. 2.  [INJUNCTION.] The board or a county attorney may 
  8.15  seek an injunction in the district court to enforce this chapter 
  8.16  or chapter 10B. 
  8.17     Subd. 3.  [NOT A CRIME.] Unless otherwise provided, a 
  8.18  violation of this chapter or chapter 10B is not a crime. 
  8.19     Subd. 4.  [CIVIL PENALTIES.] Unless otherwise provided, a 
  8.20  civil penalty imposed by the board under this chapter or chapter 
  8.21  10B may not exceed $1,000.  The penalty may be collected by the 
  8.22  board in a civil action brought in the district court in Ramsey 
  8.23  county or in the county where the defendant resides. 
  8.24     Sec. 13.  Minnesota Statutes 2000, section 10A.37, is 
  8.25  amended to read: 
  8.26     10A.37 [FREEDOM TO ASSOCIATE AND COMMUNICATE.] 
  8.27     Nothing in this chapter or chapter 10B may be construed to 
  8.28  abridge the right of an association to communicate with its 
  8.29  members. 
  8.30     Sec. 14.  [10B.01] [DEFINITIONS.] 
  8.31     Subdivision 1.  [APPLICATION.] The definitions in this 
  8.32  section apply to this chapter and chapter 10A. 
  8.33     Subd. 2.  [ADVANCE OF CREDIT.] "Advance of credit" means 
  8.34  any money owed for goods provided or services rendered.  
  8.35  "Advance of credit" does not mean a loan as defined in 
  8.36  subdivision 17. 
  9.1      Subd. 3.  [APPROVED EXPENDITURE.] "Approved expenditure" 
  9.2   means an expenditure made on behalf of a candidate by an entity 
  9.3   other than the principal campaign committee of the candidate if 
  9.4   the expenditure is made with the authorization or expressed or 
  9.5   implied consent of, or in cooperation or in concert with, or at 
  9.6   the request or suggestion of the candidate, the candidate's 
  9.7   principal campaign committee, or the candidate's agent.  An 
  9.8   approved expenditure is a contribution to that candidate. 
  9.9      Subd. 4.  [ASSOCIATION.] "Association" means a group of two 
  9.10  or more persons, who are not all members of an immediate family, 
  9.11  acting in concert. 
  9.12     Subd. 5.  [BALLOT QUESTION.] "Ballot question" means a 
  9.13  question or proposition that is placed on the ballot and that 
  9.14  may be voted on by all voters of the state.  "Promoting or 
  9.15  defeating a ballot question" includes activities related to 
  9.16  qualifying the question for placement on the ballot.  
  9.17     Subd. 6.  [BOARD.] "Board" means the state campaign finance 
  9.18  and public disclosure board. 
  9.19     Subd. 7.  [CAMPAIGN EXPENDITURE.] (a) "Campaign 
  9.20  expenditure" or "expenditure" means a purchase or payment of 
  9.21  money or anything of value, or an advance of credit, made or 
  9.22  incurred for the purpose of influencing the nomination or 
  9.23  election of a candidate or for the purpose of promoting or 
  9.24  defeating a ballot question. 
  9.25     An expenditure is considered to be made in the year in 
  9.26  which the candidate made the purchase of goods or services or 
  9.27  incurred an obligation to pay for goods or services. 
  9.28     An expenditure made for the purpose of defeating a 
  9.29  candidate is considered made for the purpose of influencing the 
  9.30  nomination or election of that candidate or any opponent of that 
  9.31  candidate. 
  9.32     Except as provided in clause (1), "expenditure" includes 
  9.33  the dollar value of a donation in kind. 
  9.34     "Expenditure" does not include: 
  9.35     (1) noncampaign disbursements as defined in subdivision 20; 
  9.36     (2) services provided without compensation by an individual 
 10.1   volunteering personal time on behalf of a candidate, ballot 
 10.2   question, political committee, political fund, principal 
 10.3   campaign committee, or party unit; 
 10.4      (3) the publishing or broadcasting of news items or 
 10.5   editorial comments by the news media, if the news medium is not 
 10.6   owned by or affiliated with any candidate or principal campaign 
 10.7   committee; or 
 10.8      (4) a cost incurred for a communication by a membership 
 10.9   organization, including a labor organization, to its members, or 
 10.10  a cost incurred for a communication by a corporation to its 
 10.11  executive or administrative personnel.  
 10.12     (b) For purposes of paragraph (a), clause (4), "labor 
 10.13  organization" means an organization of any kind, or any agency 
 10.14  or employee representative committee or plan, in which employees 
 10.15  participate and which exists for the purpose, in whole or in 
 10.16  part, of dealing with employers concerning grievances, labor 
 10.17  disputes, wages, rates of pay, hours of employment, or 
 10.18  conditions of work.  A local, national, or international union, 
 10.19  or a local or state central body of a federation of unions, is 
 10.20  each considered a separate labor organization for purposes of 
 10.21  paragraph (a), clause (4).  
 10.22     (c) For purposes of paragraph (a), clause (4), "executive 
 10.23  or administrative personnel" means individuals employed by a 
 10.24  corporation who are paid on a salary rather than an hourly basis 
 10.25  and who have policymaking, managerial, professional, or 
 10.26  supervisory responsibilities.  
 10.27     (1) This definition includes: 
 10.28     (i) individuals who run the corporation's business, such as 
 10.29  officers, other executives, and plant, division, and section 
 10.30  managers; and 
 10.31     (ii) individuals following the recognized professions, such 
 10.32  as lawyers and engineers. 
 10.33     (2) This definition does not include: 
 10.34     (i) professionals who are represented by a labor 
 10.35  organization; 
 10.36     (ii) salaried foremen and other salaried lower-level 
 11.1   supervisors having direct supervision over hourly employees; 
 11.2      (iii) former or retired personnel; or 
 11.3      (iv) individuals who may be paid by the corporation, such 
 11.4   as consultants, but who are not employees of the corporation for 
 11.5   the purpose of the collection of, and liability for, employee 
 11.6   taxes. 
 11.7      (3) Individuals on commission may be considered executive 
 11.8   or administrative personnel if they have policymaking, 
 11.9   managerial, professional, or supervisory responsibility and if 
 11.10  the individuals are employees of the corporation for the purpose 
 11.11  of the collection of, and liability for, employee taxes.  
 11.12     (4) The Fair Labor Standards Act, United States Code, title 
 11.13  29, section 201 et seq., and the regulations issued under the 
 11.14  act may serve as a guideline in determining whether individuals 
 11.15  have policymaking, managerial, professional, or supervisory 
 11.16  responsibilities.  
 11.17     (d) For purposes of paragraph (a), clause (4), "membership 
 11.18  organization" means an unincorporated association, trade 
 11.19  association, cooperative, corporation without capital stock, or 
 11.20  a local, national, or international labor organization that: 
 11.21     (1) is composed of members, some or all of whom are vested 
 11.22  with the power and authority to operate or administer the 
 11.23  organization, under the organization's articles, bylaws, 
 11.24  constitution, or other formal organizational documents; 
 11.25     (2) expressly states the qualifications and requirements 
 11.26  for membership in its articles, bylaws, constitution, or other 
 11.27  formal organizational documents; 
 11.28     (3) makes its articles, bylaws, constitution, or other 
 11.29  formal organizational documents available to its members; 
 11.30     (4) expressly solicits persons to become members; 
 11.31     (5) expressly acknowledges the acceptance of membership, 
 11.32  such as by sending a membership card or including the member's 
 11.33  name on a membership newsletter list; and 
 11.34     (6) is not organized primarily for the purpose of 
 11.35  influencing the nomination for election, or election, of any 
 11.36  individual for elected office.  
 12.1      (e) For purposes of paragraph (a), clause (4), the term 
 12.2   "members" includes all persons who are currently satisfying the 
 12.3   requirements for membership in a membership organization, 
 12.4   affirmatively accept the membership organization's invitation to 
 12.5   become a member, and either: 
 12.6      (1) have some significant financial attachment to the 
 12.7   membership organization, such as a significant investment or 
 12.8   ownership stake; 
 12.9      (2) pay membership dues at least annually of a specific 
 12.10  amount predetermined by the organization; or 
 12.11     (3) have a significant organizational attachment to the 
 12.12  membership organization that includes affirmation of membership 
 12.13  on at least an annual basis and direct participatory rights in 
 12.14  the governance of the organization.  For example, the rights 
 12.15  could include the right to vote directly or indirectly for at 
 12.16  least one individual on the membership organization's highest 
 12.17  governing board; the right to vote on policy questions where the 
 12.18  highest governing body of the membership organization is 
 12.19  obligated to abide by the results; the right to approve the 
 12.20  organization's annual budget; or the right to participate 
 12.21  directly in similar aspects of the organization's governance.  
 12.22     The board may determine, on a case-by-case basis, that 
 12.23  persons who do not precisely meet the definition of member but 
 12.24  have a relatively enduring and independently significant 
 12.25  financial or organizational attachment to the organization may 
 12.26  be considered members.  For example, student members who pay a 
 12.27  lower amount of dues while in school, long-term dues-paying 
 12.28  members who qualify for lifetime membership status with little 
 12.29  or no dues obligation, and retired members may be considered 
 12.30  members of the organization.  
 12.31     Members of a local union are considered to be members of 
 12.32  any national or international union of which the local union is 
 12.33  a part and of any federation with which the local, national, or 
 12.34  international union is affiliated.  
 12.35     In the case of a membership organization that has a 
 12.36  national federation structure or has several levels, including, 
 13.1   for example, national, state, regional, or local affiliates, a 
 13.2   person who qualifies as a member of any entity within the 
 13.3   federation or of any affiliate also qualifies as a member of all 
 13.4   affiliates.  
 13.5      (f) The status of a membership organization, and of 
 13.6   members, for purposes of paragraph (a), clause (4), must be 
 13.7   determined under paragraphs (d) and (e) and not by provisions of 
 13.8   state law governing unincorporated associations, trade 
 13.9   associations, cooperatives, corporations without capital stock, 
 13.10  or labor organizations.  
 13.11     (g) "Expenditure" includes a cost incurred to design, 
 13.12  produce, or disseminate a communication if the communication 
 13.13  contains words such as "vote for," "re-elect," "(name of 
 13.14  candidate) for (office)," "vote against," "defeat," or another 
 13.15  phrase or campaign slogan that in context can have no reasonable 
 13.16  meaning other than to advocate support for or opposition to the 
 13.17  nomination or election of one or more clearly identified 
 13.18  candidates. 
 13.19     (h) "Expenditure" is presumed to include a cost incurred to 
 13.20  design, produce, or disseminate a communication if the 
 13.21  communication names or depicts one or more clearly identified 
 13.22  candidates, is disseminated during the 45 days before a primary 
 13.23  election, the 60 days before a general election, or during a 
 13.24  special election cycle until election day, and the cost exceeds 
 13.25  the following amounts for a communication naming or depicting a 
 13.26  candidate for the following offices: 
 13.27     (1) $500 for a candidate for governor, lieutenant governor, 
 13.28  attorney general, secretary of state, or state auditor; or 
 13.29     (2) $100 for a candidate for state senator or 
 13.30  representative. 
 13.31     An individual or association presumed under this paragraph 
 13.32  to have made an expenditure may rebut the presumption by an 
 13.33  affidavit signed by the spender and filed with the board stating 
 13.34  that the cost was not incurred with intent to influence the 
 13.35  nomination, election, or defeat of any candidate, supported by 
 13.36  any additional evidence the spender chooses to submit.  The 
 14.1   board may consider any additional evidence it deems relevant and 
 14.2   material and must determine by a preponderance of the evidence 
 14.3   whether the cost was incurred with intent to influence the 
 14.4   nomination, election, or defeat of a candidate. 
 14.5      Subd. 8.  [CANDIDATE.] "Candidate" means an individual who 
 14.6   seeks nomination or election as a state constitutional officer, 
 14.7   legislator, or judge.  An individual is deemed to seek 
 14.8   nomination or election if the individual has taken the action 
 14.9   necessary under the law of this state to qualify for nomination 
 14.10  or election, has received contributions or made expenditures in 
 14.11  excess of $100, or has given implicit or explicit consent for 
 14.12  any other person to receive contributions or make expenditures 
 14.13  in excess of $100, for the purpose of bringing about the 
 14.14  individual's nomination or election.  A candidate remains a 
 14.15  candidate until the candidate's principal campaign committee is 
 14.16  dissolved under section 10B.27. 
 14.17     Subd. 9.  [CONDUIT FUND.] "Conduit fund" means money, a 
 14.18  negotiable instrument, or a donation in kind collected by an 
 14.19  association from its employees and contributed to a candidate or 
 14.20  political committee only as directed by the employee from whom 
 14.21  the money was collected.  
 14.22     Subd. 10.  [CONTRIBUTION.] (a) "Contribution" means money, 
 14.23  a negotiable instrument, or a donation in kind that is given to 
 14.24  a political committee, political fund, conduit fund, principal 
 14.25  campaign committee, or party unit. 
 14.26     (b) "Contribution" includes a loan or advance of credit to 
 14.27  a political committee, political fund, principal campaign 
 14.28  committee, or party unit, if the loan or advance of credit is:  
 14.29  (1) forgiven; or (2) repaid by an individual or an association 
 14.30  other than the political committee, political fund, principal 
 14.31  campaign committee, or party unit to which the loan or advance 
 14.32  of credit was made.  If an advance of credit or a loan is 
 14.33  forgiven or repaid as provided in this paragraph, it is a 
 14.34  contribution in the year in which the loan or advance of credit 
 14.35  was made. 
 14.36     (c) "Contribution" does not include services provided 
 15.1   without compensation by an individual volunteering personal time 
 15.2   on behalf of a candidate, ballot question, political committee, 
 15.3   political fund, principal campaign committee, or party unit, or 
 15.4   the publishing or broadcasting of news items or editorial 
 15.5   comments by the news media. 
 15.6      Subd. 11.  [DEPOSITORY.] "Depository" means a bank, savings 
 15.7   association, or credit union organized under federal or state 
 15.8   law and transacting business within this state. 
 15.9      Subd. 12.  [DONATION IN KIND.] "Donation in kind" means 
 15.10  anything of value that is given, other than money or negotiable 
 15.11  instruments.  An approved expenditure is a donation in kind. 
 15.12     Subd. 13.  [ELECTION.] "Election" means a primary, special 
 15.13  primary, general, or special election. 
 15.14     Subd. 14.  [ELECTION CYCLE.] "Election cycle" means the 
 15.15  period from January 1 following a general election for an office 
 15.16  to December 31 following the next general election for that 
 15.17  office, except that "election cycle" for a special election 
 15.18  means the period from the date the special election writ is 
 15.19  issued to 60 days after the special election is held. 
 15.20     Subd. 15.  [FINANCIAL INSTITUTION.] "Financial institution" 
 15.21  means a lending institution chartered by an agency of the 
 15.22  federal government or regulated by the commissioner of commerce. 
 15.23     Subd. 16.  [INDEPENDENT EXPENDITURE.] (a) "Independent 
 15.24  expenditure" means an expenditure that is made without the 
 15.25  express or implied consent, authorization, or cooperation of, 
 15.26  and not in concert with or at the request or suggestion of, any 
 15.27  candidate or any candidate's principal campaign committee or 
 15.28  agent.  An independent expenditure is not a contribution to a 
 15.29  candidate. 
 15.30     (b) An expenditure is presumed to be not independent if, 
 15.31  for example: 
 15.32     (1) in the same election cycle in which the expenditure 
 15.33  occurs, the spender or the spender's agent retains the 
 15.34  professional services of an individual or entity that, in a 
 15.35  nonministerial capacity, provides or has provided 
 15.36  campaign-related service, including polling or other campaign 
 16.1   research, media consulting or production, direct mail, or 
 16.2   fundraising, to a candidate supported by the spender for 
 16.3   nomination or election to the same office as any candidate whose 
 16.4   nomination or election the expenditure is intended to influence 
 16.5   or to a political party working in coordination with the 
 16.6   supported candidate; 
 16.7      (2) the expenditure pays for a communication that 
 16.8   disseminates, in whole or in substantial part, a broadcast or 
 16.9   written, graphic, or other form of campaign material designed, 
 16.10  produced, or distributed by the candidate, the candidate's 
 16.11  principal campaign committee, or their agents; 
 16.12     (3) the expenditure is based on information about the 
 16.13  candidate's electoral campaign plans, projects, or needs that is 
 16.14  provided by the candidate, the candidate's principal campaign 
 16.15  committee, or their agents directly or indirectly to the spender 
 16.16  or the spender's agent, with an express or tacit understanding 
 16.17  that the spender is considering making the expenditure; 
 16.18     (4) before the election, the spender or the spender's agent 
 16.19  informs a candidate or the principal campaign committee or agent 
 16.20  of a candidate for the same office as a candidate clearly 
 16.21  identified in a communication paid for by the expenditure about 
 16.22  the communication's contents; timing, location, mode, or 
 16.23  frequency of dissemination; or intended audience; or 
 16.24     (5) in the same election cycle in which the expenditure 
 16.25  occurs, the spender or the spender's agent is serving or has 
 16.26  served in an executive, policymaking, fundraising, or advisory 
 16.27  position with the candidate's campaign or has participated in 
 16.28  strategic or policymaking discussions with the candidate's 
 16.29  campaign relating to the candidate's pursuit of nomination or 
 16.30  election to office and the candidate is pursuing the same office 
 16.31  as a candidate whose nomination or election the expenditure is 
 16.32  intended to influence. 
 16.33     An individual or association presumed under this paragraph 
 16.34  to have made an expenditure that was not independent may rebut 
 16.35  the presumption by a written statement signed by the spender and 
 16.36  filed with the board stating that the expenditure was made 
 17.1   without the express or implied consent, authorization, or 
 17.2   cooperation of, and not in concert with or at the request or 
 17.3   suggestion of, any candidate or any candidate's principal 
 17.4   campaign committee or agent, supported by any additional 
 17.5   evidence the spender chooses to submit.  The board may consider 
 17.6   any additional evidence it deems relevant and material and must 
 17.7   determine by a preponderance of the evidence whether the 
 17.8   expenditure was independent.  
 17.9      (c) An expenditure by anyone other than a principal 
 17.10  campaign committee that does not qualify as an independent 
 17.11  expenditure under this subdivision is deemed to be an approved 
 17.12  expenditure under subdivision 3. 
 17.13     Subd. 17.  [LOAN.] "Loan" means an advance of money or 
 17.14  anything of value made to a political committee, political fund, 
 17.15  principal campaign committee, or party unit. 
 17.16     Subd. 18.  [MAJOR POLITICAL PARTY.] "Major political party" 
 17.17  means a major political party as defined in section 200.02, 
 17.18  subdivision 7. 
 17.19     Subd. 19.  [MINOR POLITICAL PARTY.] "Minor political party" 
 17.20  means a minor political party as defined in section 200.02, 
 17.21  subdivision 23. 
 17.22     Subd. 20.  [NONCAMPAIGN DISBURSEMENT.] "Noncampaign 
 17.23  disbursement" means a purchase or payment of money or anything 
 17.24  of value made, or an advance of credit incurred, or a donation 
 17.25  in kind received, by a principal campaign committee for any of 
 17.26  the following purposes: 
 17.27     (1) payment for accounting and legal services; 
 17.28     (2) return of a contribution to the source; 
 17.29     (3) repayment of a loan made to the principal campaign 
 17.30  committee by that committee; 
 17.31     (4) return of a public subsidy; 
 17.32     (5) payment for food, beverages, entertainment, and 
 17.33  facility rental for a fundraising event; 
 17.34     (6) services for a constituent by a member of the 
 17.35  legislature or a constitutional officer in the executive branch, 
 17.36  performed from the beginning of the term of office to 
 18.1   adjournment sine die of the legislature in the election year for 
 18.2   the office held, and one-half the cost of services for a 
 18.3   constituent by a member of the legislature or a constitutional 
 18.4   officer in the executive branch performed from adjournment sine 
 18.5   die to 60 days after adjournment sine die; 
 18.6      (7) payment for food and beverages provided to campaign 
 18.7   volunteers while they are engaged in campaign activities; 
 18.8      (8) payment of expenses incurred by elected or appointed 
 18.9   leaders of a legislative caucus in carrying out their leadership 
 18.10  responsibilities; 
 18.11     (9) payment by a principal campaign committee of the 
 18.12  candidate's expenses for serving in public office, other than 
 18.13  for personal uses; 
 18.14     (10) costs of child care for the candidate's children when 
 18.15  campaigning; 
 18.16     (11) fees paid to attend a campaign school; 
 18.17     (12) costs of a postelection party during the election year 
 18.18  when a candidate's name will no longer appear on a ballot or the 
 18.19  general election is concluded, whichever occurs first; 
 18.20     (13) interest on loans paid by a principal campaign 
 18.21  committee on outstanding loans; 
 18.22     (14) filing fees; 
 18.23     (15) notes or advertisements in the news media expressing 
 18.24  gratitude after the general election; 
 18.25     (16) the cost of campaign material purchased to replace 
 18.26  defective campaign material, if the defective material is 
 18.27  destroyed without being used; 
 18.28     (17) contributions to a party unit; and 
 18.29     (18) other purchases or payments specified in board rules 
 18.30  or advisory opinions as being for any purpose other than to 
 18.31  influence the nomination or election of a candidate or to 
 18.32  promote or defeat a ballot question. 
 18.33     The board must determine whether an activity involves a 
 18.34  noncampaign disbursement within the meaning of this subdivision. 
 18.35     A noncampaign disbursement is considered to be made in the 
 18.36  year in which the candidate made the purchase of goods or 
 19.1   services or incurred an obligation to pay for goods or services. 
 19.2      Subd. 21.  [POLITICAL COMMITTEE.] "Political committee" 
 19.3   means an association a major purpose of which is to influence 
 19.4   the nomination or election of a candidate or to promote or 
 19.5   defeat a ballot question, other than a principal campaign 
 19.6   committee or a political party unit. 
 19.7      Subd. 22.  [POLITICAL FUND.] "Political fund" means an 
 19.8   accumulation of dues or voluntary contributions by an 
 19.9   association other than a political committee, principal campaign 
 19.10  committee, or party unit, if the accumulation is collected or 
 19.11  expended to influence the nomination or election of a candidate 
 19.12  or to promote or defeat a ballot question. 
 19.13     Subd. 23.  [POLITICAL PARTY.] "Political party" means a 
 19.14  major political party or a minor political party.  A political 
 19.15  party is the aggregate of all its political party units in this 
 19.16  state.  
 19.17     Subd. 24.  [POLITICAL PARTY UNIT OR PARTY UNIT.] "Political 
 19.18  party unit" or "party unit" means the state committee or the 
 19.19  party organization within a house of the legislature, 
 19.20  congressional district, county, legislative district, 
 19.21  municipality, or precinct. 
 19.22     Subd. 25.  [POPULATION.] "Population" means the population 
 19.23  established by the most recent federal census, by a special 
 19.24  census taken by the United States Bureau of the Census, by an 
 19.25  estimate made by the metropolitan council, or by an estimate 
 19.26  made by the state demographer under section 4A.02, whichever has 
 19.27  the latest stated date of count or estimate. 
 19.28     Subd. 26.  [PRINCIPAL CAMPAIGN COMMITTEE.] "Principal 
 19.29  campaign committee" means a principal campaign committee formed 
 19.30  under section 10B.02. 
 19.31     Subd. 27.  [STATE COMMITTEE.] "State committee" means the 
 19.32  organization that, by virtue of the bylaws of a political party, 
 19.33  is responsible for the day-to-day operation of the political 
 19.34  party at the state level. 
 19.35     Sec. 15.  [10B.02] [PRINCIPAL CAMPAIGN COMMITTEE.] 
 19.36     Subdivision 1.  [SINGLE COMMITTEE.] A candidate must not 
 20.1   accept contributions from a source, other than self, in 
 20.2   aggregate in excess of $100 or accept a public subsidy unless 
 20.3   the candidate designates and causes to be formed a single 
 20.4   principal campaign committee for each office sought.  A 
 20.5   candidate may not authorize, designate, or cause to be formed 
 20.6   any other political committee bearing the candidate's name or 
 20.7   title or otherwise operating under the direct or indirect 
 20.8   control of the candidate.  However, a candidate may be involved 
 20.9   in the direct or indirect control of a party unit. 
 20.10     Subd. 2.  [REPLACEMENT OF OFFICERS.] A candidate may at any 
 20.11  time without cause remove and replace the chair, treasurer, 
 20.12  deputy treasurer, or any other officer of the candidate's 
 20.13  principal campaign committee. 
 20.14     Sec. 16.  [10B.03] [ORGANIZATION OF COMMITTEES AND PARTY 
 20.15  UNITS.] 
 20.16     Subdivision 1.  [CHAIR AND TREASURER.] A political 
 20.17  committee, principal campaign committee, or party unit must have 
 20.18  a chair and a treasurer.  The chair and treasurer may be the 
 20.19  same individual. 
 20.20     Subd. 2.  [TREASURER VACANCY.] A political committee, 
 20.21  principal campaign committee, or party unit may not accept a 
 20.22  contribution or make an expenditure or permit an expenditure to 
 20.23  be made on its behalf while the office of treasurer is vacant. 
 20.24     Subd. 3.  [DEPUTY TREASURERS.] The treasurer of a political 
 20.25  committee, principal campaign committee, or party unit may 
 20.26  appoint as many deputy treasurers as necessary and is 
 20.27  responsible for their accounts. 
 20.28     Subd. 4.  [DEPOSITORIES.] The treasurer of a political 
 20.29  committee, principal campaign committee, or party unit may 
 20.30  designate one or two depositories in each county in which a 
 20.31  campaign is conducted. 
 20.32     Subd. 5.  [COMMINGLING PROHIBITED.] A political committee, 
 20.33  principal campaign committee, or party unit may not commingle 
 20.34  its funds with personal funds of officers, members, or 
 20.35  associates of the committee. 
 20.36     Subd. 6.  [PENALTY.] A person who knowingly violates this 
 21.1   section is subject to a civil penalty imposed by the board. 
 21.2      Sec. 17.  [10B.04] [POLITICAL FUNDS.] 
 21.3      Subdivision 1.  [WHEN REQUIRED.] An association other than 
 21.4   a political committee or party unit may not contribute more than 
 21.5   $100 in aggregate in any one year to candidates, political 
 21.6   committees, or party units or make any approved or independent 
 21.7   expenditure or expenditure to promote or defeat a ballot 
 21.8   question unless the contribution or expenditure is made from a 
 21.9   political fund.  
 21.10     Subd. 2.  [COMMINGLING PROHIBITED.] The contents of a 
 21.11  political fund may not be commingled with other funds or with 
 21.12  the personal funds of an officer or member of the fund. 
 21.13     Subd. 3.  [TREASURER.] An association that has a political 
 21.14  fund must elect or appoint a treasurer of the political fund. 
 21.15     Subd. 4.  [TREASURER VACANCY.] A political fund may not 
 21.16  accept a contribution or make an expenditure or contribution 
 21.17  from the political fund while the office of treasurer of the 
 21.18  political fund is vacant. 
 21.19     Subd. 5.  [DUES OR MEMBERSHIP FEES.] An association may, if 
 21.20  not prohibited by other law, deposit in its political fund money 
 21.21  derived from dues or membership fees.  Under section 10B.12, the 
 21.22  treasurer of the fund must disclose the name of any member whose 
 21.23  dues, membership fees, and contributions deposited in the 
 21.24  political fund together exceed $100 in a year. 
 21.25     Subd. 6.  [PENALTY.] A person who knowingly violates this 
 21.26  section is subject to a civil penalty imposed by the board. 
 21.27     Sec. 18.  [10B.05] [CONDUIT FUNDS.] 
 21.28     Subdivision 1.  [COMMINGLING PROHIBITED.] The contents of a 
 21.29  conduit fund may not be commingled with other funds or with the 
 21.30  personal funds of an officer or member of the fund. 
 21.31     Subd. 2.  [TREASURER.] An association that has a conduit 
 21.32  fund must elect or appoint a treasurer of the fund. 
 21.33     Subd. 3.  [TREASURER VACANCY.] A conduit fund may not 
 21.34  accept a contribution or make an expenditure or contribution 
 21.35  from the fund while the office of treasurer of the fund is 
 21.36  vacant. 
 22.1      Subd. 4.  [PENALTY.] A person who knowingly violates this 
 22.2   section is subject to a civil penalty imposed by the board.  
 22.3      Sec. 19.  [10B.06] [ACCOUNTS THAT MUST BE KEPT.] 
 22.4      Subdivision 1.  [ACCOUNTS; PENALTY.] The treasurer of a 
 22.5   political committee, political fund, conduit fund, principal 
 22.6   campaign committee, or party unit must keep an account of: 
 22.7      (1) the sum of all contributions, except any donation in 
 22.8   kind valued at $20 or less, made to the committee, fund, or 
 22.9   party unit; 
 22.10     (2) the name and address of each source of a contribution 
 22.11  made to the committee, fund, or party unit in excess of $20, 
 22.12  together with the date and amount of each; 
 22.13     (3) each expenditure made by the committee, fund, or party 
 22.14  unit, together with the date and amount; 
 22.15     (4) each approved expenditure made on behalf of the 
 22.16  committee, fund, or party unit, together with the date and 
 22.17  amount; and 
 22.18     (5) the name and address of each political committee, 
 22.19  political fund, principal campaign committee, or party unit to 
 22.20  which contributions in excess of $20 have been made, together 
 22.21  with the date and amount. 
 22.22     A person who knowingly violates this subdivision is subject 
 22.23  to a civil penalty imposed by the board. 
 22.24     Subd. 2.  [RECEIPTS.] The treasurer must obtain a receipted 
 22.25  bill, stating the particulars, for every expenditure over $100 
 22.26  made by, or approved expenditure over $100 made on behalf of, 
 22.27  the committee, fund, or party unit, and for any expenditure or 
 22.28  approved expenditure in a lesser amount if the aggregate amount 
 22.29  of lesser expenditures and approved expenditures made to the 
 22.30  same individual or association during the same year exceeds $100.
 22.31     Sec. 20.  [10B.07] [REGISTRATION.] 
 22.32     Subdivision 1.  [FIRST REGISTRATION.] The treasurer of a 
 22.33  political committee, political fund, conduit fund, principal 
 22.34  campaign committee, or party unit must register with the board 
 22.35  by filing a statement of organization no later than 14 days 
 22.36  after the committee, fund, or party unit has received 
 23.1   contributions or made contributions or expenditures in excess of 
 23.2   $100.  
 23.3      Subd. 2.  [FORM.] The statement of organization must 
 23.4   include: 
 23.5      (1) the name and address of the committee, fund, or party 
 23.6   unit; 
 23.7      (2) the name and address of the chair of a political 
 23.8   committee, principal campaign committee, or party unit; 
 23.9      (3) the name and address of any supporting association of a 
 23.10  political fund or conduit fund; 
 23.11     (4) the name and address of the treasurer and any deputy 
 23.12  treasurers and, for a principal campaign committee, any other 
 23.13  individual authorized to accept contributions on behalf of the 
 23.14  principal campaign committee; 
 23.15     (5) a listing of all depositories or safe deposit boxes 
 23.16  used; and 
 23.17     (6) for the state committee of a political party only, a 
 23.18  list of its party units. 
 23.19     Sec. 21.  [10B.08] [CONTRIBUTIONS.] 
 23.20     Subdivision 1.  [ANONYMOUS CONTRIBUTIONS.] A political 
 23.21  committee, political fund, conduit fund, principal campaign 
 23.22  committee, or party unit may not retain an anonymous 
 23.23  contribution in excess of $20, but must forward it to the board 
 23.24  for deposit in the general fund. 
 23.25     Subd. 2.  [SOURCE; AMOUNT; DATE.] An individual who 
 23.26  receives a contribution in excess of $20 for a political 
 23.27  committee, political fund, conduit fund, principal campaign 
 23.28  committee, or party unit must, on demand of the treasurer, 
 23.29  inform the treasurer of the name and, if known, the address of 
 23.30  the source of the contribution, the amount of the contribution, 
 23.31  and the date it was received. 
 23.32     Subd. 3.  [DEPOSIT.] All contributions received by or on 
 23.33  behalf of a candidate, principal campaign committee, political 
 23.34  committee, political fund, conduit fund, or party unit must be 
 23.35  deposited in an account designated "Campaign Fund of ....... 
 23.36  (name of candidate, committee, fund, or party unit)."  All 
 24.1   contributions must be deposited promptly upon receipt and, 
 24.2   except for contributions received during the last three days of 
 24.3   a reporting period as described in section 10B.12, must be 
 24.4   deposited during the reporting period in which they were 
 24.5   received.  A contribution received during the last three days of 
 24.6   a reporting period must be deposited within 72 hours after 
 24.7   receipt and must be reported as received during the reporting 
 24.8   period whether or not it was deposited within that period.  A 
 24.9   candidate, principal campaign committee, political committee, 
 24.10  political fund, conduit fund, or party unit may refuse to accept 
 24.11  a contribution.  A deposited contribution may be returned to the 
 24.12  contributor within 60 days after deposit.  A contribution 
 24.13  deposited and not returned within 60 days after that deposit 
 24.14  must be reported as accepted. 
 24.15     Subd. 4.  [EXCESS.] A treasurer of a principal campaign 
 24.16  committee of a candidate may not deposit a contribution that on 
 24.17  its face exceeds the limit on contributions to the candidate 
 24.18  prescribed by section 10B.13 unless, at the time of deposit, the 
 24.19  treasurer issues a check to the source for the amount of the 
 24.20  excess. 
 24.21     Subd. 5.  [ATTRIBUTABLE CONTRIBUTIONS.] Contributions made 
 24.22  to a candidate or principal campaign committee that are directed 
 24.23  to the candidate or principal campaign committee by a political 
 24.24  fund, committee, or party unit must be reported as attributable 
 24.25  to the political fund, committee, or party unit and count toward 
 24.26  the contribution limits of that fund, committee, or political 
 24.27  party specified in section 10B.13, if the fund, committee, or 
 24.28  party was organized or is operated primarily to direct 
 24.29  contributions other than from its own money to one or more 
 24.30  candidates or principal campaign committees.  The treasurer of 
 24.31  the political fund, committee, or party unit must advise the 
 24.32  candidate or the candidate's principal campaign committee if the 
 24.33  contribution or contributions are not from the money of the 
 24.34  fund, committee, or party unit and the original source of the 
 24.35  money.  As used in this subdivision, "direct" includes, but is 
 24.36  not limited to, order, command, control, or instruct.  A 
 25.1   violation of this subdivision is a violation of section 10B.15. 
 25.2      Subd. 6.  [RELATED COMMITTEES.] An individual, association, 
 25.3   political committee, political fund, or party unit may 
 25.4   establish, finance, maintain, or control a political committee, 
 25.5   political fund, or party unit.  One who does this is a 
 25.6   "parent."  The political committee, fund, or party unit so 
 25.7   established, financed, maintained, or controlled is a 
 25.8   "subsidiary."  If the parent is an association, the association 
 25.9   must create a political committee or political fund to serve as 
 25.10  the parent for reporting purposes.  A subsidiary must report its 
 25.11  contribution to a candidate or principal campaign committee as 
 25.12  attributable to its parent, and the contribution is counted 
 25.13  toward the contribution limits in section 10B.13 of the parent 
 25.14  as well as of the subsidiary. 
 25.15     Subd. 7.  [PENALTY.] A person who knowingly violates this 
 25.16  section is subject to a civil penalty imposed by the board. 
 25.17     Subd. 8.  [REGISTRATION NUMBER ON CHECKS.] A contribution 
 25.18  made to a candidate by a lobbyist, political committee, 
 25.19  political fund, conduit fund, or party unit must show the name 
 25.20  of the lobbyist, political committee, political fund, conduit 
 25.21  fund, or party unit and the number under which it is registered 
 25.22  with the board. 
 25.23     Sec. 22.  [10B.09] [EARMARKING CONTRIBUTIONS PROHIBITED.] 
 25.24     An individual, political committee, political fund, 
 25.25  principal campaign committee, or party unit may not solicit or 
 25.26  accept a contribution from any source with the express or 
 25.27  implied condition that the contribution or any part of it be 
 25.28  directed to a particular candidate other than the initial 
 25.29  recipient.  A person who knowingly accepts an earmarked 
 25.30  contribution is guilty of a gross misdemeanor. 
 25.31     Sec. 23.  [10B.10] [EXPENDITURES.] 
 25.32     Subdivision 1.  [AUTHORIZATION.] A political committee, 
 25.33  political fund, conduit fund, principal campaign committee, or 
 25.34  party unit may not expend money unless the expenditure is 
 25.35  authorized by the treasurer or deputy treasurer of that 
 25.36  committee, fund, or party unit. 
 26.1      Subd. 2.  [WRITTEN AUTHORIZATION.] An individual or 
 26.2   association may not make an approved expenditure of more than 
 26.3   $20 without receiving written authorization from the treasurer 
 26.4   of the principal campaign committee of the candidate who 
 26.5   approved the expenditure stating the amount that may be spent 
 26.6   and the purpose of the expenditure. 
 26.7      Subd. 3.  [PETTY CASH.] The treasurer or deputy treasurer 
 26.8   of a political committee, principal campaign committee, or party 
 26.9   unit may sign vouchers for petty cash of up to $100 per week for 
 26.10  statewide elections or $20 per week for legislative elections, 
 26.11  to be used for miscellaneous expenditures. 
 26.12     Subd. 4.  [PENALTY.] A person who knowingly violates 
 26.13  subdivision 2 is subject to a civil penalty imposed by the board.
 26.14     Sec. 24.  [10B.11] [TIME FOR RENDERING BILLS, CHARGES, OR 
 26.15  CLAIMS; PENALTY.] 
 26.16     A person who has a bill, charge, or claim against a 
 26.17  political committee, political fund, principal campaign 
 26.18  committee, or party unit for an expenditure must render in 
 26.19  writing to the treasurer of the committee, fund, or party unit 
 26.20  the bill, charge, or claim within 60 days after the material or 
 26.21  service is provided.  A person who knowingly violates this 
 26.22  section is subject to a civil penalty imposed by the board. 
 26.23     Sec. 25.  [10B.12] [CAMPAIGN REPORTS.] 
 26.24     Subdivision 1.  [FIRST FILING; DURATION.] The treasurer of 
 26.25  a political committee, political fund, conduit fund, principal 
 26.26  campaign committee, or party unit must begin to file the reports 
 26.27  required by this section in the first year it receives 
 26.28  contributions or makes contributions or expenditures in excess 
 26.29  of $100 and must continue to file until the committee, fund, or 
 26.30  party unit is terminated. 
 26.31     Subd. 2.  [TIME FOR FILING.] (a) The reports must be filed 
 26.32  with the board on or before January 31 of each year and 
 26.33  additional reports must be filed as required and in accordance 
 26.34  with paragraphs (b) to (d).  
 26.35     (b) In each year in which the name of the candidate is on 
 26.36  the ballot, the reports of the principal campaign committee must 
 27.1   be filed by April 30, July 31, and November 30, and 15 days 
 27.2   before a primary and ten days before a general election, seven 
 27.3   days before a special primary and a special election, and ten 
 27.4   days after a special election cycle.  
 27.5      (c) In each general election year, a political committee, 
 27.6   political fund, conduit fund, or party unit must file reports by 
 27.7   April 30, July 31, and November 30, and 15 days before a primary 
 27.8   and ten days before a general election. 
 27.9      (d) A political committee, political fund, conduit fund, or 
 27.10  party unit that makes contributions or expenditures related to a 
 27.11  special election must file reports on the contributions or 
 27.12  expenditures seven days before the special primary and special 
 27.13  election and ten days after the special election cycle. 
 27.14     Subd. 3.  [ELECTRONIC FILING; PUBLICATION.] When 
 27.15  contributions or expenditures exceed $5,000 in a year, the 
 27.16  report must be filed with the board in an electronic format 
 27.17  approved by the board.  Regardless of whether the report is 
 27.18  filed electronically, the board must publish the report on its 
 27.19  Web site within seven days after the date it was due.  The 
 27.20  publication must be in a form that permits a user of the Web 
 27.21  site to search the reports and prepare comparisons and 
 27.22  cross-tabulations among the various candidates, contributors, 
 27.23  vendors, and committees. 
 27.24     Subd. 4.  [CONTENTS OF REPORT; POLITICAL COMMITTEES AND 
 27.25  POLITICAL FUNDS.] (a) The report by a political committee or 
 27.26  political fund must disclose the amount of liquid assets on hand 
 27.27  at the beginning of the reporting period.  
 27.28     (b) The report must disclose the name, address, and 
 27.29  employer, or occupation if self-employed, of each individual or 
 27.30  association that has made one or more contributions to the 
 27.31  reporting entity, including the purchase of tickets for a 
 27.32  fundraising effort, that in aggregate within the year exceed 
 27.33  $50, together with the amount and date of each contribution, and 
 27.34  the aggregate amount of contributions within the year from each 
 27.35  source so disclosed.  A donation in kind must be disclosed at 
 27.36  its fair market value.  An approved expenditure must be listed 
 28.1   as a donation in kind.  A donation in kind is considered 
 28.2   consumed in the reporting period in which it is received.  The 
 28.3   names of contributors must be listed in alphabetical order.  
 28.4   Contributions from the same contributor must be listed under the 
 28.5   same name.  When a contribution received from a contributor in a 
 28.6   reporting period is added to previously reported unitemized 
 28.7   contributions from the same contributor and the aggregate 
 28.8   exceeds the disclosure threshold of this paragraph, the name, 
 28.9   address, and employer, or occupation if self-employed, of the 
 28.10  contributor must then be listed on the report. 
 28.11     (c) The report must disclose the sum of contributions to 
 28.12  the reporting entity and the sum of all contributions received 
 28.13  through each conduit fund and through all conduit funds during 
 28.14  the reporting period.  The report must include the name and 
 28.15  registration number of each conduit fund from which a 
 28.16  contribution was received.  
 28.17     (d) The report must disclose each loan made or received by 
 28.18  the reporting entity within the year in aggregate in excess of 
 28.19  $50, continuously reported until repaid or forgiven, together 
 28.20  with the name, address, occupation, and principal place of 
 28.21  business, if any, of the lender and any endorser, and the date 
 28.22  and amount of the loan.  If a loan made to the principal 
 28.23  campaign committee of a candidate is forgiven or is repaid by an 
 28.24  entity other than that principal campaign committee, it must be 
 28.25  reported as a contribution for the year in which the loan was 
 28.26  made.  
 28.27     (e) The report must disclose each receipt over $50 during 
 28.28  the reporting period not otherwise listed under paragraphs (b) 
 28.29  to (d).  
 28.30     (f) The report must disclose the sum of all receipts of the 
 28.31  reporting entity during the reporting period.  
 28.32     (g) The report must disclose the name and address of each 
 28.33  individual or association to whom aggregate expenditures, 
 28.34  including approved expenditures, have been made by or on behalf 
 28.35  of the reporting entity within the year in excess of $100, 
 28.36  together with the amount, date, and purpose of each expenditure 
 29.1   and the name and address of, and office sought by, each 
 29.2   candidate on whose behalf the expenditure was made, 
 29.3   identification of the ballot question that the expenditure was 
 29.4   intended to promote or defeat, and in the case of independent 
 29.5   expenditures made in opposition to a candidate, the candidate's 
 29.6   name, address, and office sought.  A reporting entity making an 
 29.7   expenditure on behalf of more than one candidate for state or 
 29.8   legislative office must allocate the expenditure among the 
 29.9   candidates on a reasonable cost basis and report the allocation 
 29.10  for each candidate. 
 29.11     (h) The report must disclose the sum of all expenditures 
 29.12  made by or on behalf of the reporting entity during the 
 29.13  reporting period.  
 29.14     (i) The report must disclose the amount and nature of an 
 29.15  advance of credit incurred by the reporting entity, continuously 
 29.16  reported until paid or forgiven.  If an advance of credit 
 29.17  incurred by the principal campaign committee of a candidate is 
 29.18  forgiven by the creditor or paid by an entity other than that 
 29.19  principal campaign committee, it must be reported as a donation 
 29.20  in kind for the year in which the advance of credit was made. 
 29.21     (j) The report must disclose the name and address of each 
 29.22  political committee, political fund, principal campaign 
 29.23  committee, or party unit to which contributions have been made 
 29.24  that aggregate in excess of $100 within the year and the amount 
 29.25  and date of each contribution. 
 29.26     (k) The report must disclose the sum of all contributions 
 29.27  made by the reporting entity during the reporting period.  
 29.28     (l) The report must disclose the name and address of each 
 29.29  individual or association to whom noncampaign disbursements have 
 29.30  been made that aggregate in excess of $100 within the year by or 
 29.31  on behalf of the reporting entity and the amount, date, and 
 29.32  purpose of each noncampaign disbursement.  
 29.33     (m) The report must disclose the sum of all noncampaign 
 29.34  disbursements made within the year by or on behalf of the 
 29.35  reporting entity.  
 29.36     (n) The report must disclose the name and address of a 
 30.1   nonprofit corporation that provides administrative assistance to 
 30.2   a political committee or political fund as authorized by section 
 30.3   211B.15, subdivision 17, the type of administrative assistance 
 30.4   provided, and the aggregate fair market value of each type of 
 30.5   assistance provided to the political committee or political fund 
 30.6   during the reporting period.  
 30.7      Subd. 5.  [CONTENTS OF REPORT; CONDUIT FUNDS.] A report by 
 30.8   a conduit fund under this section must disclose the sum of all 
 30.9   contributions received by the fund and the sum of all 
 30.10  contributions made to each political committee, political fund, 
 30.11  principal campaign committee, or party unit and to all of them 
 30.12  together during the reporting period.  The report must include 
 30.13  the registration number of each recipient of contributions from 
 30.14  the conduit fund.  
 30.15     Subd. 6.  [PERIOD OF REPORT.] A report must cover the 
 30.16  period from the last day covered by the previous report to seven 
 30.17  days before the filing date, except that the report due on 
 30.18  January 31 must cover the period from the last day covered by 
 30.19  the previous report to December 31. 
 30.20     Subd. 7.  [REPORT OF EXCESS CONTRIBUTIONS.] (a) The 
 30.21  treasurer of the principal campaign committee of a candidate who 
 30.22  has not signed a spending limit agreement under section 10B.20 
 30.23  must file with the board within seven days after the committee 
 30.24  has received aggregate contributions in excess of the 
 30.25  expenditure limit for any participating opponent of the 
 30.26  candidate a report disclosing the sum of the excess 
 30.27  contributions.  The treasurer must file an additional report 
 30.28  each Monday if the committee received additional contributions 
 30.29  during the week ending the previous Friday. 
 30.30     (b) During the last three weeks before the primary 
 30.31  election, during the last three weeks before the general 
 30.32  election, and during the last two weeks before a special primary 
 30.33  or special election, the treasurer must file the report within 
 30.34  48 hours after the aggregate contributions received since the 
 30.35  last report exceed the limit for a single contribution to the 
 30.36  candidate.  
 31.1      Subd. 8.  [REPORT WHEN NO COMMITTEE.] A candidate who does 
 31.2   not designate and cause to be formed a principal campaign 
 31.3   committee and an individual who makes independent expenditures 
 31.4   or expenditures expressly advocating the approval or defeat of a 
 31.5   ballot question in aggregate in excess of $100 in a year must 
 31.6   file with the board a report containing the information required 
 31.7   by subdivision 4.  Reports required by this subdivision must be 
 31.8   filed on the dates on which reports by committees, funds, and 
 31.9   party units are filed. 
 31.10     Subd. 9.  [AFFIDAVIT OF INDEPENDENCE.] An individual, 
 31.11  political committee, political fund, or party unit filing a 
 31.12  report or statement disclosing an independent expenditure under 
 31.13  subdivision 4, 8, or 10 must file with the report an affidavit 
 31.14  naming the candidate whose nomination, election, or defeat the 
 31.15  independent expenditure was intended to advocate and stating 
 31.16  that the disclosed expenditures were not made with the 
 31.17  authorization or expressed or implied consent of, or in 
 31.18  cooperation or in concert with, or at the request or suggestion 
 31.19  of any candidate or any candidate's principal campaign committee 
 31.20  or agent. 
 31.21     Subd. 10.  [INDEPENDENT EXPENDITURES; NOTICE; REPORT.] (a) 
 31.22  Within 48 hours after an individual, political committee, 
 31.23  political fund, or party unit makes or becomes obligated by oral 
 31.24  or written agreement to make independent expenditures that in 
 31.25  aggregate within the election cycle exceed $500, the individual, 
 31.26  political committee, political fund, or party unit must file 
 31.27  with the board a notice of the intent to make the independent 
 31.28  expenditure.  The notice must contain the information with 
 31.29  respect to the expenditures that is required to be reported 
 31.30  under subdivision 4, paragraph (g), except that if an 
 31.31  expenditure is reported before it is made, the notice must 
 31.32  include a reasonable estimate of the anticipated amount.  Each 
 31.33  additional expenditure requires a new notice. 
 31.34     (b) During the last seven days before the primary, general 
 31.35  election, special primary, or special election, the notice must 
 31.36  be filed within 24 hours after making or becoming obligated to 
 32.1   make the independent expenditure. 
 32.2      (c) An individual or association may file a complaint with 
 32.3   the board that a required notice was not filed or that a notice 
 32.4   filed under this subdivision was false.  The board must 
 32.5   determine the complaint promptly.  If the board determines that 
 32.6   a notice was false and the board has distributed a public 
 32.7   subsidy to a candidate based on the false notice, the candidate 
 32.8   must return the subsidy to the board. 
 32.9      (d) An individual or association that has made an 
 32.10  independent expenditure of which notice was required under this 
 32.11  subdivision must include in its January 31 report to the board a 
 32.12  description of the content of the communication for which the 
 32.13  expenditure was made, including a copy of any printed 
 32.14  advertisement or a transcript of any broadcast advertisement.  
 32.15  If the advertisement was printed or broadcast more than once in 
 32.16  the same form, the description must include a list of the date, 
 32.17  time, and location of each printing or broadcast.  If the 
 32.18  advertisement was printed or broadcast in substantially the same 
 32.19  form for more than one candidate, the description need include 
 32.20  only a copy of the standard form, a description of the content 
 32.21  that was different for different candidates, and a list of the 
 32.22  candidates on whose behalf it was printed or broadcast.  A 
 32.23  complaint alleging a violation of this paragraph must be brought 
 32.24  no later than three months after the report was due. 
 32.25     Subd. 11.  [STATEMENT OF INACTIVITY.] If a reporting entity 
 32.26  has no receipts or expenditures during a reporting period, the 
 32.27  treasurer must file with the board at the time required by this 
 32.28  section a statement to that effect. 
 32.29     Subd. 12.  [EXEMPTION FROM DISCLOSURE.] The board must 
 32.30  exempt a member of or contributor to an association, or any 
 32.31  other individual, from the requirements of this section if the 
 32.32  member, contributor, or other individual demonstrates by clear 
 32.33  and convincing evidence that disclosure would expose the member 
 32.34  or contributor to economic reprisals, loss of employment, or 
 32.35  threat of physical coercion. 
 32.36     An association may seek an exemption for all of its members 
 33.1   or contributors if it demonstrates by clear and convincing 
 33.2   evidence that a substantial number of its members or 
 33.3   contributors would suffer a restrictive effect on their freedom 
 33.4   of association if members were required to seek exemptions 
 33.5   individually. 
 33.6      Subd. 13.  [EXEMPTION PROCEDURE.] An individual or 
 33.7   association seeking an exemption under subdivision 12 must 
 33.8   submit a written application for exemption to the board.  The 
 33.9   board, without hearing, must grant or deny the exemption within 
 33.10  30 days after receiving the application and must issue a written 
 33.11  order stating the reasons for its action.  The board must 
 33.12  publish its order in the State Register and give notice to all 
 33.13  parties known to the board to have an interest in the matter.  
 33.14  If the board receives a written objection to its action from any 
 33.15  party within 20 days after publication of its order and 
 33.16  notification of interested parties, the board must hold a 
 33.17  contested case hearing on the matter.  Upon the filing of a 
 33.18  timely objection from the applicant, an order denying an 
 33.19  exemption is suspended pending the outcome of the contested 
 33.20  case.  If no timely objection is received, the exemption 
 33.21  continues in effect until a written objection is filed with the 
 33.22  board in a succeeding election year.  The board must adopt rules 
 33.23  establishing a procedure so that an individual seeking an 
 33.24  exemption may proceed anonymously if the individual would be 
 33.25  exposed to the reprisals listed in subdivision 12 if the 
 33.26  individual's identity were to be revealed for the purposes of 
 33.27  the notice or a hearing. 
 33.28     Subd. 14.  [FAILURE TO FILE; PENALTY.] The board must 
 33.29  notify by certified mail an individual who fails to file a 
 33.30  report required by this section.  If an individual fails to file 
 33.31  a report due January 31 within ten days after the notice was 
 33.32  mailed, the board may impose a late filing fee of $10 per day, 
 33.33  not to exceed $500, commencing on the 11th day after the notice 
 33.34  was mailed.  If an individual fails to file any other report due 
 33.35  during an election year within three days after the date due, 
 33.36  regardless of whether the individual has received any notice, 
 34.1   the board may impose a late filing fee of $50 per day, not to 
 34.2   exceed $500, commencing on the fourth day after the date the 
 34.3   report was due.  
 34.4      Subd. 15.  [THIRD-PARTY REIMBURSEMENT.] An individual or 
 34.5   association filing a report disclosing an expenditure or 
 34.6   noncampaign disbursement that must be reported and itemized 
 34.7   under subdivision 4, paragraph (g) or (l), that is a 
 34.8   reimbursement to a third party must report the purpose of each 
 34.9   expenditure or disbursement for which the third party is being 
 34.10  reimbursed.  An expenditure or disbursement is a reimbursement 
 34.11  to a third party if it is for goods or services that were not 
 34.12  directly provided by the individual or association to whom the 
 34.13  expenditure or disbursement is made.  Third-party reimbursements 
 34.14  include payments to credit card companies and reimbursement of 
 34.15  individuals for expenses they have incurred. 
 34.16     Subd. 16.  [REPORTS BY SOLICITORS.] An individual or 
 34.17  association, other than a candidate or the members of a 
 34.18  candidate's principal campaign committee, that directly solicits 
 34.19  and causes others to make contributions to candidates or a party 
 34.20  unit in a house of the legislature, that aggregate more than 
 34.21  $5,000 between January 1 of a general election year and the end 
 34.22  of the reporting period must file with the board a report 
 34.23  disclosing the amount of each contribution, the names of the 
 34.24  contributors, and to whom the contributions were given.  The 
 34.25  report must be filed 15 days before a primary and ten days 
 34.26  before a general election.  The report for each calendar year 
 34.27  must be filed with the board by January 31 of the following year.
 34.28     Sec. 26.  [10B.13] [CONTRIBUTION LIMITS.] 
 34.29     Subdivision 1.  [CONTRIBUTION LIMITS.] (a) Except as 
 34.30  provided in paragraph (b) and in subdivision 2, a candidate must 
 34.31  not permit the candidate's principal campaign committee to 
 34.32  accept aggregate contributions made or delivered by an 
 34.33  individual, political committee, or political fund in excess of 
 34.34  the following: 
 34.35     (1) to candidates for governor and lieutenant governor 
 34.36  running together, $2,000 in an election cycle; 
 35.1      (2) to a candidate for attorney general, secretary of 
 35.2   state, or state auditor, $1,000 in an election cycle; 
 35.3      (3) to a candidate for state senator, $500 in an election 
 35.4   cycle; and 
 35.5      (4) to a candidate for state representative, $500 in an 
 35.6   election cycle. 
 35.7      (b) A candidate who accepts a public subsidy must not 
 35.8   permit the candidate's principal campaign committee to accept 
 35.9   aggregate contributions made or delivered by an individual, 
 35.10  political committee, or political fund in excess of $50 in an 
 35.11  election cycle. 
 35.12     (c) The following deliveries are not subject to the 
 35.13  bundling limitation in this subdivision: 
 35.14     (1) delivery of contributions collected by a member of the 
 35.15  candidate's principal campaign committee who was registered with 
 35.16  the board to accept contributions on behalf of the committee 
 35.17  before the contributions were accepted; and 
 35.18     (2) a delivery made by an individual on behalf of the 
 35.19  individual's spouse.  
 35.20     Subd. 2.  [POLITICAL PARTY LIMIT.] (a) A participating 
 35.21  candidate must not permit the candidate's principal campaign 
 35.22  committee to accept contributions, including approved 
 35.23  expenditures, from any political party units in aggregate in 
 35.24  excess of 25 percent of the portion of the candidate's spending 
 35.25  limit set forth in section 10B.17, subdivision 2, paragraph (a), 
 35.26  clauses (1) to (4). 
 35.27     (b) A nonparticipating candidate must not permit the 
 35.28  candidate's principal campaign committee to accept 
 35.29  contributions, including approved expenditures, from any 
 35.30  political party units in aggregate in excess of ten times the 
 35.31  amount that may be contributed to that candidate under 
 35.32  subdivision 1.  
 35.33     Subd. 3.  [EXCESS LOANS PROHIBITED.] A candidate must not 
 35.34  permit the candidate's principal campaign committee to accept a 
 35.35  loan from other than a financial institution for an amount in 
 35.36  excess of the contribution limits imposed by this section.  A 
 36.1   candidate must not permit the candidate's principal campaign 
 36.2   committee to accept a loan from a financial institution for 
 36.3   which the financial institution may hold an endorser of the loan 
 36.4   liable to pay an amount in excess of the amount that the 
 36.5   endorser may contribute to that candidate. 
 36.6      Subd. 4.  [CONTRIBUTIONS TO AND FROM OTHER CANDIDATES.] (a) 
 36.7   A candidate or the treasurer of a candidate's principal campaign 
 36.8   committee must not accept a contribution from another 
 36.9   candidate's principal campaign committee or from any other 
 36.10  committee bearing the contributing candidate's name or title or 
 36.11  otherwise authorized by the contributing candidate, unless the 
 36.12  contributing candidate's principal campaign committee is being 
 36.13  dissolved.  A candidate's principal campaign committee must not 
 36.14  make a contribution to another candidate's principal campaign 
 36.15  committee, except when the contributing committee is being 
 36.16  dissolved. 
 36.17     (b) A candidate's principal campaign committee must not 
 36.18  accept a contribution from, or make a contribution to, a 
 36.19  committee associated with a person who seeks nomination or 
 36.20  election to the office of president, senator, or representative 
 36.21  in Congress of the United States. 
 36.22     (c) A candidate or the treasurer of a candidate's principal 
 36.23  campaign committee must not accept a contribution from a 
 36.24  candidate for political subdivision office in any state, unless 
 36.25  the contribution is from the personal funds of the candidate for 
 36.26  political subdivision office.  A candidate or the treasurer of a 
 36.27  candidate's principal campaign committee must not make a 
 36.28  contribution from the principal campaign committee to a 
 36.29  candidate for political subdivision office in any state. 
 36.30     Subd. 5.  [LIMITED PERSONAL CONTRIBUTIONS.] A participating 
 36.31  candidate may not contribute to the candidate's own campaign 
 36.32  more than $500 in an election cycle. 
 36.33     Subd. 6.  [CONTRIBUTIONS FROM CERTAIN TYPES OF 
 36.34  CONTRIBUTORS.] A candidate must not permit the candidate's 
 36.35  principal campaign committee to accept a contribution from a 
 36.36  political committee, political fund, lobbyist, or large 
 37.1   contributor, if the contribution will cause the aggregate 
 37.2   contributions from those types of contributors to exceed an 
 37.3   amount equal to 20 percent of the expenditure limits for the 
 37.4   office sought by the candidate.  For purposes of this 
 37.5   subdivision, "large contributor" means an individual, other than 
 37.6   the candidate, who contributes an amount that is more than $100 
 37.7   and more than one-half the amount an individual may contribute. 
 37.8      Subd. 7.  [UNREGISTERED ASSOCIATION LIMIT; STATEMENT; 
 37.9   PENALTY.] (a) The treasurer of a political committee, political 
 37.10  fund, principal campaign committee, or party unit must not 
 37.11  accept a contribution of more than $100 from an association not 
 37.12  registered under this chapter unless the contribution is 
 37.13  accompanied by a written statement that meets the disclosure and 
 37.14  reporting period requirements imposed by section 10B.12.  This 
 37.15  statement must be certified as true and correct by an officer of 
 37.16  the contributing association.  The committee, fund, or party 
 37.17  unit that accepts the contribution must include a copy of the 
 37.18  statement with the report that discloses the contribution to the 
 37.19  board.  
 37.20     (b) An unregistered association may provide the written 
 37.21  statement required by this subdivision to no more than three 
 37.22  committees, funds, or party units in a calendar year.  Each 
 37.23  statement must cover at least the 30 days immediately preceding 
 37.24  and including the date on which the contribution was made.  An 
 37.25  unregistered association or an officer of it is subject to a 
 37.26  civil penalty imposed by the board if the association or its 
 37.27  officer: 
 37.28     (1) fails to provide a written statement as required by 
 37.29  this subdivision; or 
 37.30     (2) fails to register after giving the written statement 
 37.31  required by this subdivision to more than three committees, 
 37.32  funds, or party units in a calendar year. 
 37.33     Subd. 8.  [CONTRIBUTIONS TO POLITICAL COMMITTEES OR FUNDS.] 
 37.34  The treasurer of a political committee or political fund must 
 37.35  not permit the political committee or political fund to accept 
 37.36  aggregate contributions from an individual in an amount more 
 38.1   than $1,000 in a calendar year or from another political 
 38.2   committee or political fund in any amount. 
 38.3      Subd. 9.  [CONTRIBUTIONS TO POLITICAL PARTIES.] (a) An 
 38.4   individual or association must not give and the treasurer of the 
 38.5   state committee of a political party must not permit the 
 38.6   political party to accept aggregate contributions for any 
 38.7   purpose from an individual, or from an association that makes 
 38.8   contributions to candidates, in an amount more than $10,000 in 
 38.9   an election cycle.  
 38.10     (b) A political party unit may not accept a transfer from 
 38.11  its national party organization, nor from a party unit in any 
 38.12  other state, unless the transfer is from a separate and 
 38.13  segregated fund that contains only contributions from 
 38.14  individuals and associations that would have been permitted 
 38.15  under the law of this state if they had been made directly to 
 38.16  the political party unit.  
 38.17     Subd. 10.  [AGGREGATE LIMIT ON INDIVIDUALS.] An individual 
 38.18  may not contribute more than $10,000 in aggregate contributions 
 38.19  for any purpose to all candidates, political parties, political 
 38.20  committees, and political funds in an election cycle. 
 38.21     Sec. 27.  [10B.14] [CONTRIBUTIONS AND SOLICITATIONS DURING 
 38.22  LEGISLATIVE SESSION.] 
 38.23     Subdivision 1.  [CONTRIBUTIONS DURING LEGISLATIVE SESSION.] 
 38.24  A candidate for the legislature or for constitutional office, 
 38.25  the candidate's principal campaign committee, or a political 
 38.26  committee or party unit established by all or a part of the 
 38.27  party organization within a house of the legislature, must not 
 38.28  solicit or accept a contribution from a registered lobbyist, 
 38.29  political committee, or political fund, or from a party unit 
 38.30  established by the party organization within a house of the 
 38.31  legislature, during a regular session of the legislature. 
 38.32     Subd. 2.  [PARTY UNIT SOLICITATIONS.] A political party 
 38.33  unit must not solicit or receive at an event hosted by a 
 38.34  candidate for the legislature or by a candidate for 
 38.35  constitutional office a contribution from a lobbyist, political 
 38.36  committee, political fund, or party unit during a regular 
 39.1   session of the legislature. 
 39.2      Subd. 3.  [DEFINITION.] For purposes of this section, 
 39.3   "regular session" does not include a special session or the 
 39.4   interim between the two annual sessions of a biennium.  
 39.5      Subd. 4.  [CIVIL PENALTY.] A candidate, political 
 39.6   committee, or party unit that violates this section is subject 
 39.7   to a civil penalty imposed by the board.  If the board makes a 
 39.8   public finding that there is probable cause to believe a 
 39.9   violation of this section has occurred, the board must bring an 
 39.10  action, or transmit the finding to a county attorney who must 
 39.11  bring an action, in the district court of Ramsey county, to 
 39.12  collect the civil penalty as imposed by the board.  Penalties 
 39.13  paid under this section must be deposited in the general fund in 
 39.14  the state treasury. 
 39.15     Subd. 5.  [SPECIAL ELECTION.] This section does not apply 
 39.16  to a candidate or a candidate's principal campaign committee in 
 39.17  a legislative special election during the period beginning when 
 39.18  the person becomes a candidate in the special election and 
 39.19  ending on the day of the special election. 
 39.20     Sec. 28.  [10B.15] [CIRCUMVENTION PROHIBITED.] 
 39.21     Any attempt by an individual or association to circumvent 
 39.22  this chapter by redirecting a contribution through, or making a 
 39.23  contribution on behalf of, another individual or association is 
 39.24  a gross misdemeanor. 
 39.25     Sec. 29.  [10B.16] [POLITICAL CONTRIBUTION REFUND.] 
 39.26     Subdivision 1.  [CLAIM; RECEIPT FORM.] (a) A taxpayer may 
 39.27  claim a refund equal to the amount of the taxpayer's 
 39.28  contributions made in the calendar year to a political party.  
 39.29  The refund for an individual must not exceed $50 and for a 
 39.30  married couple, filing jointly, must not exceed $100.  
 39.31     (b) A refund of a contribution is allowed only if the 
 39.32  taxpayer files a form required by the commissioner of revenue 
 39.33  and attaches to the form a copy of an official refund receipt 
 39.34  form issued by the party and signed by the party chair, after 
 39.35  the contribution was received.  The board must make available to 
 39.36  a political party as defined in subdivision 3, on request, a 
 40.1   supply of official refund receipt forms that state in boldface 
 40.2   type that a contributor who is given a receipt form is eligible 
 40.3   to claim a refund as provided in this section.  The forms must 
 40.4   provide duplicate copies of the receipt to be attached to the 
 40.5   contributor's claim.  The receipt forms must be numbered, and 
 40.6   the data on the receipt that are not public must be made 
 40.7   available to the board upon its request.  A party unit must 
 40.8   return to the board with its termination report or destroy any 
 40.9   official receipt forms that have not been issued.  
 40.10     (c) A claim must be filed with the commissioner of revenue 
 40.11  no sooner than January 1 of the calendar year in which the 
 40.12  contribution was made and no later than April 15 of the calendar 
 40.13  year following the calendar year in which the contribution was 
 40.14  made.  A taxpayer may file only one claim per calendar year.  
 40.15  Amounts paid by the commissioner after June 15 of the calendar 
 40.16  year following the calendar year in which the contribution was 
 40.17  made must include interest at the rate specified in section 
 40.18  270.76. 
 40.19     Subd. 2.  [POLITICAL PARTY ELIGIBILITY.] (a) For purposes 
 40.20  of this subdivision, "political party" means a major political 
 40.21  party as defined in section 200.02, subdivision 7, or a minor 
 40.22  political party as defined in section 200.02, subdivision 23, 
 40.23  that satisfies the following conditions, as certified by the 
 40.24  secretary of state to the commissioner of revenue and the 
 40.25  campaign finance and public disclosure board by July 1 of the 
 40.26  taxable year: 
 40.27     (1) in the last general election for constitutional 
 40.28  officers, the party ran a candidate for the office of governor, 
 40.29  secretary of state, state auditor, or attorney general who 
 40.30  received votes in each county that in the aggregate total at 
 40.31  least one percent of the total number of individuals who voted 
 40.32  in the election; 
 40.33     (2) it is a political party, not a principal campaign 
 40.34  committee; 
 40.35     (3) it has held a state convention in the last two years 
 40.36  and an officer of the party has filed with the secretary of 
 41.1   state a certification to that effect; and 
 41.2      (4) it has agreed not to make independent expenditures. 
 41.3      (b) A "major party" or "minor party" includes the aggregate 
 41.4   of that party's organization within each house of the 
 41.5   legislature, the state party organization, and the party 
 41.6   organization within congressional districts, counties, and 
 41.7   legislative districts.  
 41.8      (c) "Candidate" means a candidate as defined in section 
 41.9   10B.01, subdivision 8, except a candidate for judicial office.  
 41.10     (d) "Contribution" means a gift of money. 
 41.11     Subd. 3.  [COPIES OF FORM.] The commissioner shall make 
 41.12  copies of the form available to political party units upon 
 41.13  request. 
 41.14     Subd. 4.  [DATA PRIVACY.] The following data collected or 
 41.15  maintained by the commissioner under this subdivision are 
 41.16  private:  the identities of individuals claiming a refund and 
 41.17  the amount of each contribution.  
 41.18     Subd. 5.  [REPORT.] The commissioner shall report to the 
 41.19  campaign finance and public disclosure board by each August 1 a 
 41.20  summary showing the total number and aggregate amount of 
 41.21  political contribution refunds made on behalf of each political 
 41.22  party.  These data are public. 
 41.23     Subd. 6.  [APPROPRIATION.] The amount necessary to pay 
 41.24  claims for the refund provided in this section is appropriated 
 41.25  from the general fund to the commissioner of revenue. 
 41.26     Sec. 30.  [10B.17] [SPENDING LIMITS.] 
 41.27     Subdivision 1.  [LIMITS ARE VOLUNTARY.] The expenditure 
 41.28  limits imposed by this section apply only to a candidate who has 
 41.29  signed an agreement under section 10B.20 to be bound by them as 
 41.30  a condition of receiving a public subsidy for the candidate's 
 41.31  campaign. 
 41.32     Subd. 2.  [AMOUNTS.] (a) Except as provided in section 
 41.33  10B.13, subdivision 2, paragraph (a), and in paragraphs (b) and 
 41.34  (d) of this subdivision, the principal campaign committee of a 
 41.35  candidate must not make campaign expenditures nor permit 
 41.36  approved expenditures to be made on behalf of the candidate 
 42.1   during an election cycle that result in aggregate expenditures 
 42.2   in excess of the following: 
 42.3      (1) for governor and lieutenant governor, running together, 
 42.4   $1,520,000; 
 42.5      (2) for attorney general, secretary of state, and state 
 42.6   auditor, separately, $300,000; 
 42.7      (3) for state senator, $37,000; and 
 42.8      (4) for state representative, $18,500. 
 42.9      (b) In addition to the amount in paragraph (a), the 
 42.10  principal campaign committee of a candidate may make 
 42.11  expenditures during an election cycle and before the candidate 
 42.12  files an affidavit of qualifying contributions under section 
 42.13  10B.21 in the following amounts: 
 42.14     (1) for governor and lieutenant governor, running together, 
 42.15  $50,000; 
 42.16     (2) for attorney general, secretary of state, and state 
 42.17  auditor, separately, $25,000; 
 42.18     (3) for state senator, $4,000; and 
 42.19     (4) for state representative, $2,000. 
 42.20     (c) If a special election cycle occurs during a general 
 42.21  election cycle, expenditures by or on behalf of a candidate in 
 42.22  the special election do not count as expenditures by or on 
 42.23  behalf of the candidate in the general election. 
 42.24     (d) The expenditure limits in this subdivision for an 
 42.25  office are increased by ten percent for a candidate who is 
 42.26  running for that office for the first time and who has not run 
 42.27  previously for any other office whose territory now includes a 
 42.28  population that is more than one-third of the population in the 
 42.29  territory of the new office. 
 42.30     Subd. 3.  [AGGREGATED EXPENDITURES.] If a candidate makes 
 42.31  expenditures from more than one principal campaign committee for 
 42.32  nomination or election to statewide office in the same election 
 42.33  cycle, the amount of expenditures from all of the candidate's 
 42.34  principal campaign committees for statewide office for that 
 42.35  election cycle must be aggregated for purposes of applying the 
 42.36  limits on expenditures under subdivision 2. 
 43.1      Subd. 4.  [GOVERNOR AND LIEUTENANT GOVERNOR AS A SINGLE 
 43.2   CANDIDATE.] For the purposes of this chapter, a candidate for 
 43.3   governor and a candidate for lieutenant governor, running 
 43.4   together, are considered a single candidate.  All expenditures 
 43.5   made by or all approved expenditures made on behalf of the 
 43.6   candidate for lieutenant governor are considered to be 
 43.7   expenditures by or approved expenditures on behalf of the 
 43.8   candidate for governor. 
 43.9      Subd. 5.  [INDEPENDENT EXPENDITURES.] The principal 
 43.10  campaign committee of a candidate must not make independent 
 43.11  expenditures. 
 43.12     Subd. 6.  [RELEASE FROM EXPENDITURE LIMITS.] (a) A 
 43.13  candidate who has agreed to be bound by the expenditure limits 
 43.14  imposed by this section as a condition of receiving a public 
 43.15  subsidy for the candidate's campaign is released from the 
 43.16  expenditure limits but remains eligible to receive a public 
 43.17  subsidy if the candidate has an opponent who does not agree to 
 43.18  be bound by the limits and who receives contributions during 
 43.19  that election cycle in excess of the sum of: 
 43.20     (1) the amounts listed in subdivision 2, paragraph (b), 
 43.21  that the candidate is allowed to spend before filing an 
 43.22  affidavit of contributions; 
 43.23     (2) the limit set in section 10B.13, subdivision 2, 
 43.24  paragraph (a), for contributions from political party units to 
 43.25  the candidate; and 
 43.26     (3) the public subsidy the participating candidate has 
 43.27  received through that part of the election cycle. 
 43.28     (b) A candidate who has not agreed to be bound by 
 43.29  expenditure limits, or the candidate's principal campaign 
 43.30  committee, must file written notice with the board and provide 
 43.31  written notice to any opponent of the candidate for the same 
 43.32  office within seven days after exceeding the limit in paragraph 
 43.33  (a).  The notice must state only that the candidate or 
 43.34  candidate's principal campaign committee has received 
 43.35  contributions in excess of the limit in paragraph (a).  Upon 
 43.36  receipt of the notice, the candidate who had agreed to be bound 
 44.1   by the limits is no longer bound by the expenditure limits. 
 44.2      Sec. 31.  [10B.18] [ADJUSTMENT BY CONSUMER PRICE INDEX.] 
 44.3      Subdivision 1.  [METHOD OF CALCULATION.] The dollar amounts 
 44.4   in section 10B.17, subdivision 2, must be adjusted for general 
 44.5   election years as provided in this section.  In the year before 
 44.6   each general election year, the executive director of the board 
 44.7   must determine the percentage increase in the Consumer Price 
 44.8   Index from December of the second preceding general election 
 44.9   year to December of the last general election year.  The dollar 
 44.10  amounts used for the preceding general election year must be 
 44.11  multiplied by that percentage.  The product of the calculation, 
 44.12  rounded up to the next highest $100 increment, must be added to 
 44.13  each dollar amount to produce the dollar limitations to be in 
 44.14  effect for the next general election.  The index used must be 
 44.15  the revised Consumer Price Index for all urban consumers for the 
 44.16  St. Paul-Minneapolis metropolitan area prepared by the United 
 44.17  States Department of Labor. 
 44.18     Subd. 2.  [PUBLICATION OF EXPENDITURE LIMIT.] By April 1 of 
 44.19  the year before each election year the board must publish in the 
 44.20  State Register the expenditure limit for each office for that 
 44.21  calendar year under section 10B.17 as adjusted by this section.  
 44.22  The revisor of statutes must code the adjusted amounts in the 
 44.23  next edition of Minnesota Statutes.  
 44.24     Sec. 32.  [10B.19] [MULTICANDIDATE POLITICAL PARTY 
 44.25  EXPENDITURES.] 
 44.26     Notwithstanding other provisions of this chapter, the 
 44.27  following expenditures by a party unit, or two or more party 
 44.28  units acting together, with at least one party unit being either 
 44.29  the state committee or the party organization within a 
 44.30  congressional district, county, or legislative district, are not 
 44.31  considered contributions to or expenditures on behalf of a 
 44.32  candidate for the purposes of section 10B.13 or 10B.17 and must 
 44.33  not be allocated to candidates under section 10B.12, subdivision 
 44.34  4, paragraph (g): 
 44.35     (1) expenditures not on behalf of any candidate; or 
 44.36     (2) expenditures on behalf of candidates of that party 
 45.1   generally without referring to any of them specifically by name 
 45.2   or image in a published, posted, or broadcast advertisement.  
 45.3      Sec. 33.  [10B.20] [SPENDING LIMIT AGREEMENT.] 
 45.4      Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
 45.5   condition of receiving a public subsidy, a candidate must sign 
 45.6   and file with the board a written agreement in which the 
 45.7   candidate agrees that the candidate will comply with sections 
 45.8   10B.13, subdivisions 1, 2, and 5; 10B.17; and 10B.23. 
 45.9      (b) Before the first day of filing for office, the board 
 45.10  must forward agreement forms to all filing officers.  The board 
 45.11  must also provide agreement forms to candidates on request at 
 45.12  any time.  The candidate must file the agreement with the board 
 45.13  no sooner than January 1 in the general election year and no 
 45.14  later than the day after the candidate files the affidavit of 
 45.15  candidacy for the office.  An agreement may not be filed with 
 45.16  the board after that date.  An agreement once filed may not be 
 45.17  rescinded. 
 45.18     Subd. 2.  [HOW LONG AGREEMENT IS EFFECTIVE.] The agreement, 
 45.19  insofar as it relates to the expenditure limits in section 
 45.20  10B.17, as adjusted by section 10B.18, and the contribution 
 45.21  limit in section 10B.13, subdivision 5, remains effective for 
 45.22  candidates until the dissolution of the principal campaign 
 45.23  committee of the candidate or the end of the first election 
 45.24  cycle completed after the agreement was filed, whichever occurs 
 45.25  first. 
 45.26     Sec. 34.  [10B.21] [QUALIFYING CONTRIBUTIONS.] 
 45.27     Subdivision 1.  [AMOUNTS.] In addition to the requirements 
 45.28  of section 10B.20, to be eligible to receive a public subsidy 
 45.29  under section 10B.22, a candidate must receive qualifying 
 45.30  contributions from individuals eligible to vote in this state 
 45.31  and, in the case of a legislative candidate, at least one-half 
 45.32  from individuals eligible to vote for the candidate, in the 
 45.33  amount indicated for the office sought, counting only the first 
 45.34  $5 received from each contributor: 
 45.35     (1) candidates for governor and lieutenant governor, 
 45.36  running together, $22,000; 
 46.1      (2) candidates for attorney general, secretary of state, 
 46.2   and state auditor, separately, $12,500; 
 46.3      (3) candidates for the senate, $1,500; and 
 46.4      (4) candidates for the house of representatives, $750. 
 46.5      A candidate for statewide office must receive at least five 
 46.6   percent of the qualifying amount from residents of each 
 46.7   congressional district. 
 46.8      Subd. 2.  [STATEMENT OF INTENT TO PARTICIPATE.] A candidate 
 46.9   who intends to participate in the public subsidy program must 
 46.10  file with the board, in a form approved by the board, a 
 46.11  statement of intent to participate.  The statement may not be 
 46.12  filed before the beginning of the election cycle.  
 46.13     Subd. 3.  [RECEIPT.] The board must make available to each 
 46.14  candidate who has filed a statement of intent to participate in 
 46.15  the public subsidy program copies of the official contribution 
 46.16  receipt form designed by the board.  The receipt must state that 
 46.17  the contributor understands that the purpose of the contribution 
 46.18  is to help the candidate qualify for a public subsidy.  The form 
 46.19  must include space for the contributor's printed name, 
 46.20  signature, and home address, and the name of the candidate on 
 46.21  whose behalf the contribution was made.  The candidate or the 
 46.22  treasurer of the candidate's principal campaign committee must 
 46.23  provide to the contributor a receipt, which must be properly 
 46.24  completed and signed by the contributor and returned to the 
 46.25  candidate.  The candidate must keep one copy of the receipt and 
 46.26  file a second copy with the board, along with the affidavit of 
 46.27  contributions required by subdivision 4. 
 46.28     Subd. 4.  [AFFIDAVIT.] No sooner than January 1 in the 
 46.29  general election year and no later than the day after the 
 46.30  candidate files the affidavit of candidacy for the office, a 
 46.31  candidate who intends to participate in the public subsidy 
 46.32  program, or the treasurer of the candidate's principal campaign 
 46.33  committee, must file with the board an affidavit stating that, 
 46.34  since January 1 in the year before the general election year, 
 46.35  the candidate's principal campaign committee has received 
 46.36  qualifying contributions in the amount specified in subdivision 
 47.1   1.  
 47.2      Subd. 5.  [SPECIAL ELECTIONS.] A candidate for a vacancy to 
 47.3   be filled at a special election must receive qualifying 
 47.4   contributions in one-third the amounts specified in subdivision 
 47.5   1.  If the filing period for the special election does not 
 47.6   coincide with the filing period for the general election, the 
 47.7   candidate must submit the affidavit required by this section to 
 47.8   the board within five days after filing the affidavit of 
 47.9   candidacy. 
 47.10     Sec. 35.  [10B.22] [PUBLIC SUBSIDY.] 
 47.11     Subdivision 1.  [PAYMENT TO PARTICIPATING CANDIDATES.] Upon 
 47.12  determining that a candidate has met all the requirements for 
 47.13  receiving a public subsidy, the board must designate the 
 47.14  candidate as "participating."  The board must pay each 
 47.15  participating candidate a public subsidy as provided in this 
 47.16  section.  The payment must be in the form of a check made 
 47.17  "payable to the campaign fund of ...... (name of candidate)."  
 47.18  An amount sufficient to make the payment is appropriated to the 
 47.19  board from the general fund.  
 47.20     Subd. 2.  [PAYMENT UPON QUALIFYING.] Within one week after 
 47.21  it has designated a candidate as participating, the board must 
 47.22  pay to the participating candidate a public subsidy equal to 20 
 47.23  percent of the participating candidate's spending limit. 
 47.24     Subd. 3.  [PAYMENT UPON FILING FOR OFFICE.] Within one week 
 47.25  after the close of filings for office, the board must pay a 
 47.26  participating candidate who has an opponent in either the 
 47.27  primary or the general election a public subsidy equal to 20 
 47.28  percent of the candidate's spending limit. 
 47.29     Subd. 4.  [PAYMENT FOR GENERAL ELECTION.] As soon as the 
 47.30  board has obtained from the secretary of state the results of 
 47.31  the primary election, but no later than one week after the state 
 47.32  canvassing board has certified the results of the primary, the 
 47.33  board must pay to each participating candidate whose name will 
 47.34  appear on the ballot in the general election a public subsidy 
 47.35  equal to 60 percent of the candidate's spending limit, except 
 47.36  that a candidate who has no opponent in the general election 
 48.1   must be paid a subsidy equal to six percent of the candidate's 
 48.2   spending limit. 
 48.3      Subd. 5.  [PAYMENT TO MATCH EXCESS CONTRIBUTIONS.] Upon 
 48.4   receipt of a report of excess contributions under section 
 48.5   10B.12, subdivision 7, the board must notify any participating 
 48.6   opponent of the nonparticipating candidate of the amount of the 
 48.7   excess.  Upon receipt of the first report, the board must pay 
 48.8   the participating candidate an additional public subsidy equal 
 48.9   to the participating candidate's original spending limit.  The 
 48.10  additional subsidy may only be spent, and the spending limit of 
 48.11  the participating candidate is only increased, by the aggregate 
 48.12  amount of excess contributions reported for that election cycle. 
 48.13     Subd. 6.  [PAYMENT TO MATCH INDEPENDENT EXPENDITURES.] (a) 
 48.14  Within 24 hours after receipt of a notice of independent 
 48.15  expenditures under section 10B.12, subdivision 10, the board 
 48.16  must notify each participating candidate in the affected race of 
 48.17  the amount of the independent expenditure.  Along with the first 
 48.18  notice under this subdivision, the board must pay an additional 
 48.19  public subsidy to each participating candidate in an amount 
 48.20  equal to the participating candidate's original spending limit, 
 48.21  to be spent only as provided in this subdivision.  For purposes 
 48.22  of this subdivision, before the primary election, "opponent" 
 48.23  includes the candidates whose names are on the ballot for the 
 48.24  primary of the same major party or, if there are none, the 
 48.25  candidates whose names will be on the ballot for the general 
 48.26  election.  
 48.27     (b) If the independent expenditure advocates the defeat of 
 48.28  a participating candidate, the additional subsidy may be spent, 
 48.29  and the spending limit of the participating candidate is 
 48.30  increased, up to the aggregate amount of independent 
 48.31  expenditures to defeat the participating candidate reported for 
 48.32  that election cycle. 
 48.33     (c) If the independent expenditure advocates the election 
 48.34  of a candidate and the sum of assets carried forward, 
 48.35  contributions received as of the last reporting date, public 
 48.36  subsidy received, and independent expenditures made in support 
 49.1   of the candidate exceeds 120 percent of the spending limit for a 
 49.2   participating opponent candidate for the legislature or 110 
 49.3   percent of the spending limit for a participating opponent 
 49.4   candidate for constitutional officer, the participating opponent 
 49.5   may spend the additional public subsidy, and the participating 
 49.6   opponent's spending limit is increased, up to one-half the 
 49.7   excess independent expenditures in support of the candidate 
 49.8   reported for that election cycle.  
 49.9      (d) If an individual, political committee, political fund, 
 49.10  or party unit has made expenditures in support of a candidate, 
 49.11  any expenditure by the spender during the same election cycle to 
 49.12  advocate the defeat of the candidate or in support of an 
 49.13  opponent of the candidate does not authorize the candidate to 
 49.14  spend matching money under paragraph (b) or (c). 
 49.15     Subd. 7.  [PAYMENT FOR SPECIAL ELECTION.] The board must 
 49.16  pay each participating candidate for legislative office in a 
 49.17  special election an amount equal to the candidate's spending 
 49.18  limit within 48 hours after the candidate has been designated as 
 49.19  participating, but the candidate may spend only an amount equal 
 49.20  to 20 percent of the candidate's spending limit upon being 
 49.21  designated as participating, a candidate who has an opponent in 
 49.22  either the primary or general election may spend an additional 
 49.23  20 percent upon filing for office, and a candidate whose name 
 49.24  has been certified to appear on the ballot for the general 
 49.25  election may spend an additional 60 percent.  Any amount not 
 49.26  spent by the candidate must be returned to the board under 
 49.27  section 10B.23. 
 49.28     Subd. 8.  [PAYMENT WITHHELD.] If a candidate has not yet 
 49.29  filed a campaign finance report required by section 10B.12, or 
 49.30  the candidate owes money to the board, the board must withhold 
 49.31  the candidate's public subsidy until the report has been filed 
 49.32  or the debt has been paid, whichever applies.  If the report has 
 49.33  not been filed or the debt has not been paid to the board by the 
 49.34  end of the fiscal year, the subsidy must be applied to the debts 
 49.35  owed by the candidate to the board and any remaining amount must 
 49.36  be canceled to the general fund. 
 50.1      Sec. 36.  [10B.23] [RETURN OF PUBLIC SUBSIDY.] 
 50.2      Subdivision 1.  [WHEN RETURN REQUIRED.] A candidate must 
 50.3   return all or a portion of the public subsidy received under 
 50.4   section 10B.22 under the circumstances in this section or 
 50.5   section 10B.24, subdivision 1. 
 50.6      To the extent that the amount of public subsidy received 
 50.7   exceeds the actual expenditures made by the principal campaign 
 50.8   committee of the candidate, the treasurer of the candidate's 
 50.9   principal campaign committee must return an amount equal to the 
 50.10  difference to the board.  The cost of postage that was not used 
 50.11  during an election cycle and payments that created credit 
 50.12  balances at vendors at the close of an election cycle are not 
 50.13  considered expenditures for purposes of determining the amount 
 50.14  to be returned.  Expenditures in excess of the candidate's 
 50.15  spending limit do not count in determining aggregate 
 50.16  expenditures under this paragraph. 
 50.17     Subd. 2.  [HOW RETURN DETERMINED.] Whether or not a 
 50.18  candidate is required under subdivision 1 to return all or a 
 50.19  portion of the public subsidy must be determined from the report 
 50.20  required to be filed with the board by that candidate by January 
 50.21  31 of the year following an election.  An amount required to be 
 50.22  returned must be submitted in the form of a check or money order 
 50.23  and must accompany the report filed with the board.  The board 
 50.24  must deposit the check or money order in the state treasury for 
 50.25  credit to the general fund.  The amount returned must not exceed 
 50.26  the amount of public subsidy received by the candidate. 
 50.27     Sec. 37.  [10B.24] [CARRYFORWARD.] 
 50.28     Subdivision 1.  [UNUSED FUNDS.] After all campaign 
 50.29  expenditures and noncampaign disbursements for an election cycle 
 50.30  have been made, a principal campaign committee may carry forward 
 50.31  assets equal to the amount that the candidate may spend in the 
 50.32  next election cycle before being designated a participating 
 50.33  candidate for the same office, as set forth in section 10B.17, 
 50.34  subdivision 2, paragraph (b).  Any remaining assets up to the 
 50.35  total amount of the public subsidy received under section 10B.22 
 50.36  must be returned to the state treasury for credit to the general 
 51.1   fund under section 10B.23.  Any remaining assets in excess of 
 51.2   the total public subsidy must be contributed to the general 
 51.3   fund, a public school, or a charity, or to a political party. 
 51.4      Subd. 2.  [UNUSED POSTAGE AND CREDIT BALANCES CARRIED 
 51.5   FORWARD.] Postage that is purchased but not used during an 
 51.6   election cycle and credit balances at vendors that exceed a 
 51.7   combined total of $500 must be carried forward and counted as 
 51.8   expenditures during the election cycle during which they are 
 51.9   used. 
 51.10     Sec. 38.  [10B.25] [PENALTY FOR EXCEEDING LIMITS.] 
 51.11     Subdivision 1.  [EXCEEDING CONTRIBUTION LIMITS.] (a) A 
 51.12  candidate who permits the candidate's principal campaign 
 51.13  committee, or the treasurer of a political committee, political 
 51.14  fund, or party unit who permits the committee, fund, or party 
 51.15  unit to accept contributions in excess of the limits imposed by 
 51.16  section 10B.13 is subject to a civil penalty of up to ten times 
 51.17  the amount by which the contribution exceeds the limits.  
 51.18     (b) The board may order a candidate who has permitted the 
 51.19  candidate's principal campaign committee to accept contributions 
 51.20  in excess of the limits imposed by section 10B.13 to return any 
 51.21  public subsidy the candidate has received.  The board must 
 51.22  deposit the amount returned in the state treasury and credit it 
 51.23  to the general fund.  
 51.24     (c) The board may recommend that a candidate who was 
 51.25  nominated or elected to office after violating section 10B.13 
 51.26  should forfeit the nomination or office.  
 51.27     Subd. 2.  [EXCEEDING EXPENDITURE LIMITS.] (a) A candidate 
 51.28  subject to the expenditure limits in section 10B.17 who permits 
 51.29  the candidate's principal campaign committee to make 
 51.30  expenditures or permits approved expenditures to be made on the 
 51.31  candidate's behalf in excess of the limits imposed by section 
 51.32  10B.17, as adjusted by section 10B.18, is subject to a civil 
 51.33  penalty imposed by the board of up to ten times the amount by 
 51.34  which the expenditures exceed the limit. 
 51.35     (b) The board may order a candidate subject to the 
 51.36  expenditure limits in section 10B.17 who has permitted the 
 52.1   candidate's principal campaign committee to make expenditures or 
 52.2   has permitted approved expenditures to be made on the 
 52.3   candidate's behalf in excess of the limits imposed by section 
 52.4   10B.17, as adjusted by section 10B.18, to return to the board 
 52.5   any public subsidy the candidate has received.  The board must 
 52.6   deposit the amount returned in the state treasury and credit it 
 52.7   to the general fund.  
 52.8      (c) The board may recommend that a candidate who was 
 52.9   nominated or elected after violating the limits in section 
 52.10  10B.17 should forfeit the nomination or office.  
 52.11     Subd. 3.  [CONCILIATION AGREEMENT.] If the board finds that 
 52.12  there is reason to believe that excess contributions have been 
 52.13  accepted contrary to section 10B.13 or excess expenditures made 
 52.14  contrary to section 10B.17, the board must make every effort for 
 52.15  a period of at least 14 days after its finding to correct the 
 52.16  matter by informal methods of conference and conciliation and to 
 52.17  enter a conciliation agreement with the person involved.  A 
 52.18  conciliation agreement under this subdivision is a matter of 
 52.19  public record.  Unless violated, a conciliation agreement is a 
 52.20  bar to any civil proceeding under subdivision 4. 
 52.21     Subd. 4.  [CIVIL ACTION.] (a) If the board is unable after 
 52.22  a reasonable time to correct by informal methods a matter that 
 52.23  constitutes probable cause to believe that excess contributions 
 52.24  have been accepted contrary to section 10B.13 or excess 
 52.25  expenditures made contrary to section 10B.17, the board must 
 52.26  make a public finding of probable cause in the matter.  After 
 52.27  making a public finding, the board must bring an action, or 
 52.28  transmit the finding to a county attorney who must bring an 
 52.29  action, in the district court of Ramsey county or, in the case 
 52.30  of a legislative candidate, the district court of a county 
 52.31  within the legislative district, to collect a civil penalty 
 52.32  imposed by the board, to demand the return of any public subsidy 
 52.33  paid to the candidate, or to have the nomination or office 
 52.34  declared forfeited.  All money recovered under this section must 
 52.35  be deposited in the state treasury and credited to the general 
 52.36  fund. 
 53.1      (b) If a candidate is judged to have violated section 
 53.2   10B.13 or 10B.17, the court, after entering the judgment, may 
 53.3   enter a supplemental judgment declaring that the candidate has 
 53.4   forfeited the nomination or office, except as provided in 
 53.5   paragraph (c).  If the court enters the supplemental judgment, 
 53.6   it must transmit to the filing officer a transcript of the 
 53.7   supplemental judgment, the nomination or office becomes vacant, 
 53.8   and the vacancy must be filled as provided by law. 
 53.9      (c) If the candidate has been elected to the legislature, 
 53.10  the court, after entering the judgment that the candidate has 
 53.11  violated section 10B.13 or 10B.17, must transmit a transcript of 
 53.12  the judgment to the secretary of the senate or the chief clerk 
 53.13  of the house of representatives, as appropriate, for further 
 53.14  consideration by the house to which the candidate was elected. 
 53.15     Sec. 39.  [10B.26] [DISSOLUTION OF INACTIVE COMMITTEES AND 
 53.16  FUNDS.] 
 53.17     Subdivision 1.  [DISSOLUTION REQUIRED.] A political 
 53.18  committee, political fund, or principal campaign committee must 
 53.19  be dissolved within 60 days after receiving notice from the 
 53.20  board that the committee or fund has become inactive.  The 
 53.21  assets of the committee or fund must be spent for the purposes 
 53.22  authorized by section 211B.12 and other applicable law or 
 53.23  liquidated and deposited in the general fund within 60 days 
 53.24  after the board notifies the committee or fund that it has 
 53.25  become inactive.  
 53.26     Subd. 2.  [INACTIVITY DEFINED.] (a) A principal campaign 
 53.27  committee becomes inactive on the later of the following dates: 
 53.28     (1) when six years have elapsed since the last election in 
 53.29  which the person was a candidate for the office sought or held 
 53.30  at the time the principal campaign committee registered with the 
 53.31  board; or 
 53.32     (2) when six years have elapsed since the last day on which 
 53.33  the individual for whom it exists served in an elective office 
 53.34  subject to this chapter. 
 53.35     (b) A political committee or fund becomes inactive when two 
 53.36  years have elapsed since the end of a reporting period during 
 54.1   which the political committee or fund made an expenditure or 
 54.2   disbursement requiring disclosure under this chapter. 
 54.3      Subd. 3.  [REMAINING DEBTS.] If a committee or fund becomes 
 54.4   inactive when it still has unpaid debts, the committee or fund 
 54.5   must liquidate available assets to pay the debts.  If 
 54.6   insufficient assets exist to pay the debts, the board may set up 
 54.7   a payment schedule and allow the committee or fund to defer 
 54.8   dissolution until all debts are paid.  This section does not 
 54.9   extinguish debts incurred by the committee or fund. 
 54.10     Sec. 40.  [10B.27] [DISSOLUTION OR TERMINATION.] 
 54.11     Subdivision 1.  [TERMINATION REPORT.] A political 
 54.12  committee, political fund, principal campaign committee, or 
 54.13  party unit may not dissolve until it has settled all of its 
 54.14  debts and disposed of all its assets in excess of $100 and filed 
 54.15  a termination report.  "Assets" include credit balances at 
 54.16  vendors and physical assets such as computers and postage 
 54.17  stamps.  Physical assets must be listed at their fair market 
 54.18  value.  The termination report may be made at any time and must 
 54.19  include all information required in periodic reports.  
 54.20     Subd. 2.  [TERMINATION ALLOWED.] Notwithstanding 
 54.21  subdivision 1, a committee, fund, or party unit that has debts 
 54.22  incurred more than six years previously, has disposed of all its 
 54.23  assets, and has met the requirements of section 10B.12, 
 54.24  subdivision 11, may notify any remaining creditors by certified 
 54.25  mail and then file a termination report. 
 54.26     Sec. 41.  [10B.28] [TRANSFER OF DEBTS.] 
 54.27     Notwithstanding section 10B.27, a candidate may terminate 
 54.28  the candidate's principal campaign committee for one state 
 54.29  office by transferring any debts of that committee to the 
 54.30  candidate's principal campaign committee for another state 
 54.31  office if all outstanding unpaid bills or loans from the 
 54.32  committee being terminated are assumed and continuously reported 
 54.33  by the committee to which the transfer is being made until paid 
 54.34  or forgiven.  A loan that is forgiven is covered by section 
 54.35  10B.12 and, for purposes of section 10B.23, is a contribution to 
 54.36  the principal campaign committee from which the debt was 
 55.1   transferred under this section. 
 55.2      Sec. 42.  Minnesota Statutes 2000, section 129D.13, is 
 55.3   amended by adding a subdivision to read: 
 55.4      Subd. 5.  [FREE TIME FOR POLITICAL CANDIDATES.] A station 
 55.5   that receives a grant under this section must make available 
 55.6   free time to each political candidate who has been designated by 
 55.7   the campaign finance and public disclosure board as 
 55.8   participating in the public subsidy program under section 
 55.9   10B.22.  The amount of free time is 30 minutes each election 
 55.10  cycle for a candidate for state constitutional officer and 60 
 55.11  seconds each election cycle for a candidate for the 
 55.12  legislature.  The free time for a candidate for state 
 55.13  constitutional officer or video clip must be broadcast time.  
 55.14  The free time for a candidate for the legislature may be either 
 55.15  broadcast time or an archived video clip on the station's Web 
 55.16  site.  The broadcast or video clip must include only the 
 55.17  candidate speaking in the candidate's own voice. 
 55.18     Sec. 43.  Minnesota Statutes 2000, section 129D.14, is 
 55.19  amended by adding a subdivision to read: 
 55.20     Subd. 7.  [FREE TIME FOR POLITICAL CANDIDATES.] A station 
 55.21  that receives a grant under this section must make available 
 55.22  free time to each political candidate who has been designated by 
 55.23  the campaign finance and public disclosure board as 
 55.24  participating in the public subsidy program under section 
 55.25  10B.22.  The amount of free time is 30 minutes each election 
 55.26  cycle for a candidate for state constitutional officer and 60 
 55.27  seconds each election cycle for a candidate for the 
 55.28  legislature.  The free time for a candidate for state 
 55.29  constitutional officer or audio clip must be broadcast time.  
 55.30  The free time for a candidate for the legislature may be either 
 55.31  broadcast time or an archived audio clip on the station's Web 
 55.32  site.  The broadcast or audio clip must include only the 
 55.33  candidate speaking in the candidate's own voice. 
 55.34     Sec. 44.  Minnesota Statutes 2000, section 204B.11, 
 55.35  subdivision 1, is amended to read: 
 55.36     Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
 56.1   Except as provided by subdivision 2, a filing fee shall be paid 
 56.2   by each candidate who files an affidavit of candidacy.  The fee 
 56.3   shall be paid at the time the affidavit is filed.  The amount of 
 56.4   the filing fee shall vary with the office sought as follows: 
 56.5      (a) for the office of governor, lieutenant governor, 
 56.6   attorney general, state auditor, state treasurer, secretary of 
 56.7   state, representative in Congress, judge of the supreme court, 
 56.8   judge of the court of appeals, or judge of the district court, 
 56.9   $300; 
 56.10     (b) for the office of senator in Congress, $400; 
 56.11     (c) for office of senator or representative in the 
 56.12  legislature, $100; 
 56.13     (d) for a county office, $50; and 
 56.14     (e) for the office of soil and water conservation district 
 56.15  supervisor, $20. 
 56.16     For a candidate who has raised the necessary qualifying 
 56.17  contributions and been designated by the campaign finance and 
 56.18  public disclosure board under section 10B.22 as participating in 
 56.19  the public subsidy program, no filing fee is required. 
 56.20     For the office of presidential elector, and for those 
 56.21  offices for which no compensation is provided, no filing fee is 
 56.22  required. 
 56.23     The filing fees received by the county auditor shall 
 56.24  immediately be paid to the county treasurer.  The filing fees 
 56.25  received by the secretary of state shall immediately be paid to 
 56.26  the state treasurer. 
 56.27     When an affidavit of candidacy has been filed with the 
 56.28  appropriate filing officer and the requisite filing fee has been 
 56.29  paid, the filing fee shall not be refunded.  If a candidate's 
 56.30  filing fee is paid with a check, draft, or similar negotiable 
 56.31  instrument for which sufficient funds are not available or that 
 56.32  is dishonored, notice to the candidate of the worthless 
 56.33  instrument must be sent by the filing officer via registered 
 56.34  mail no later than immediately upon the closing of the filing 
 56.35  deadline with return receipt requested.  The candidate will have 
 56.36  five days from the time the filing officer receives proof of 
 57.1   receipt to issue a check or other instrument for which 
 57.2   sufficient funds are available.  The candidate issuing the 
 57.3   worthless instrument is liable for a service charge pursuant to 
 57.4   section 332.50.  If adequate payment is not made, the name of 
 57.5   the candidate must not appear on any official ballot and the 
 57.6   candidate is liable for all costs incurred by election officials 
 57.7   in removing the name from the ballot. 
 57.8      Sec. 45.  Minnesota Statutes 2000, section 211A.13, is 
 57.9   amended to read: 
 57.10     211A.13 [PROHIBITED TRANSFERS.] 
 57.11     A candidate for political subdivision office must not 
 57.12  accept contributions from the principal campaign committee of a 
 57.13  candidate as defined in section 10A.01, subdivision 5 10B.01, 
 57.14  subdivision 8.  A candidate for political subdivision office 
 57.15  must not make contributions to a principal campaign committee, 
 57.16  unless the contribution is made from the personal funds of the 
 57.17  candidate for political subdivision office. 
 57.18     Sec. 46.  Minnesota Statutes 2000, section 211B.12, is 
 57.19  amended to read: 
 57.20     211B.12 [LEGAL EXPENDITURES.] 
 57.21     Use of money collected for political purposes is prohibited 
 57.22  unless the use is reasonably related to the conduct of election 
 57.23  campaigns, or is a noncampaign disbursement as defined in 
 57.24  section 10A.01, subdivision 10c 10B.01, subdivision 20.  The 
 57.25  following are permitted expenditures when made for political 
 57.26  purposes: 
 57.27     (1) salaries, wages, and fees; 
 57.28     (2) communications, mailing, transportation, and travel; 
 57.29     (3) campaign advertising; 
 57.30     (4) printing; 
 57.31     (5) office and other space and necessary equipment, 
 57.32  furnishings, and incidental supplies; 
 57.33     (6) charitable contributions of not more than $50 to any 
 57.34  charity annually; and 
 57.35     (7) other expenses, not included in clauses (1) to (6), 
 57.36  that are reasonably related to the conduct of election campaigns.
 58.1   In addition, expenditures made for the purpose of providing 
 58.2   information to constituents, whether or not related to the 
 58.3   conduct of an election, are permitted expenses.  Money collected 
 58.4   for political purposes and assets of a political committee or 
 58.5   political fund may not be converted to personal use. 
 58.6      Sec. 47.  Minnesota Statutes 2000, section 211B.15, 
 58.7   subdivision 16, is amended to read: 
 58.8      Subd. 16.  [EMPLOYEE POLITICAL FUND SOLICITATION.] Any 
 58.9   solicitation of political contributions by an employee must be 
 58.10  in writing, informational and nonpartisan in nature, and not 
 58.11  promotional for any particular candidate or group of 
 58.12  candidates.  The solicitation must consist only of a general 
 58.13  request on behalf of an independent political committee (a 
 58.14  conduit fund), and as defined in section 10B.01, subdivision 9, 
 58.15  and must state that there is no minimum contribution, that a 
 58.16  contribution or lack thereof will in no way impact the 
 58.17  employee's employment, that the employee must direct the 
 58.18  contribution to candidates of the employee's choice, and that 
 58.19  any response by the employee shall remain confidential and shall 
 58.20  not be directed to the employee's supervisors or managers.  
 58.21  Questions from an employee regarding a solicitation may be 
 58.22  answered orally or in writing consistent with the above 
 58.23  requirements.  Nothing in this subdivision authorizes a 
 58.24  corporate donation of an employee's time prohibited under 
 58.25  subdivision 2.  
 58.26     Sec. 48.  [211B.22] [PARTICIPATING CANDIDATE CAMPAIGN 
 58.27  MATERIAL.] 
 58.28     A candidate may not claim in any campaign material or 
 58.29  communication to be a "participating candidate" unless the 
 58.30  candidate has been designated a participating candidate by the 
 58.31  campaign finance and public disclosure board under section 
 58.32  10B.22 for participating in the public subsidy program. 
 58.33     Sec. 49.  Minnesota Statutes 2000, section 340A.404, 
 58.34  subdivision 10, is amended to read: 
 58.35     Subd. 10.  [TEMPORARY ON-SALE LICENSES.] The governing body 
 58.36  of a municipality may issue to (1) a club or charitable, 
 59.1   religious, or other nonprofit organization in existence for at 
 59.2   least three years, (2) a political committee registered under 
 59.3   section 10A.14 10B.07, or (3) a state university, a temporary 
 59.4   license for the on-sale of intoxicating liquor in connection 
 59.5   with a social event within the municipality sponsored by the 
 59.6   licensee.  The license may authorize the on-sale of intoxicating 
 59.7   liquor for not more than four consecutive days, and may 
 59.8   authorize on-sales on premises other than premises the licensee 
 59.9   owns or permanently occupies.  The license may provide that the 
 59.10  licensee may contract for intoxicating liquor catering services 
 59.11  with the holder of a full-year on-sale intoxicating liquor 
 59.12  license issued by any municipality.  The licenses are subject to 
 59.13  the terms, including a license fee, imposed by the issuing 
 59.14  municipality.  Licenses issued under this subdivision are 
 59.15  subject to all laws and ordinances governing the sale of 
 59.16  intoxicating liquor except sections 340A.409 and 340A.504, 
 59.17  subdivision 3, paragraph (d), and those laws and ordinances 
 59.18  which by their nature are not applicable.  Licenses under this 
 59.19  subdivision are not valid unless first approved by the 
 59.20  commissioner of public safety. 
 59.21     A county under this section may issue a temporary license 
 59.22  only to a premises located in the unincorporated or unorganized 
 59.23  territory of the county. 
 59.24     Sec. 50.  Minnesota Statutes 2000, section 353.03, 
 59.25  subdivision 1, is amended to read: 
 59.26     Subdivision 1.  [MANAGEMENT; COMPOSITION; ELECTION.] The 
 59.27  management of the public employees retirement fund is vested in 
 59.28  an 11-member board of trustees consisting of ten members and the 
 59.29  state auditor who may designate a deputy auditor with expertise 
 59.30  in pension matters as the auditor's representative on the 
 59.31  board.  The governor shall appoint five trustees to four-year 
 59.32  terms, one of whom shall be designated to represent school 
 59.33  boards, one to represent cities, one to represent counties, one 
 59.34  who is a retired annuitant, and one who is a public member 
 59.35  knowledgeable in pension matters.  The membership of the 
 59.36  association, including recipients of retirement annuities and 
 60.1   disability and survivor benefits, shall elect five trustees, one 
 60.2   of whom must be a member of the police and fire fund and one of 
 60.3   whom must be a former member who met the definition of public 
 60.4   employee under section 353.01, subdivisions 2 and 2a, for at 
 60.5   least five years prior to terminating membership or a member who 
 60.6   receives a disability benefit, for terms of four years.  Except 
 60.7   as provided in this subdivision, trustees elected by the 
 60.8   membership of the association must be public employees and 
 60.9   members of the association.  For seven days beginning October 1 
 60.10  of each year preceding a year in which an election is held, the 
 60.11  association shall accept at its office filings in person or by 
 60.12  mail of candidates for the board of trustees.  A candidate shall 
 60.13  submit at the time of filing a nominating petition signed by 25 
 60.14  or more members of the fund.  No name may be withdrawn from 
 60.15  nomination by the nominee after October 15.  At the request of a 
 60.16  candidate for an elected position on the board of trustees, the 
 60.17  board shall mail a statement of up to 300 words prepared by the 
 60.18  candidate to all persons eligible to vote in the election of the 
 60.19  candidate.  The board may adopt policies to govern form and 
 60.20  length of these statements, timing of mailings, and deadlines 
 60.21  for submitting materials to be mailed.  These policies must be 
 60.22  approved by the secretary of state.  The secretary of state 
 60.23  shall resolve disputes between the board and a candidate 
 60.24  concerning application of these policies to a particular 
 60.25  statement.  A candidate who: 
 60.26     (1) receives contributions or makes expenditures in excess 
 60.27  of $100; or 
 60.28     (2) has given implicit or explicit consent for any other 
 60.29  person to receive contributions or make expenditures in excess 
 60.30  of $100 for the purpose of bringing about the candidate's 
 60.31  election, shall file a report with the campaign finance and 
 60.32  public disclosure board disclosing the source and amount of all 
 60.33  contributions to the candidate's campaign.  The campaign finance 
 60.34  and public disclosure board shall prescribe forms governing 
 60.35  these disclosures.  Expenditures and contributions have the 
 60.36  meaning defined in section 10A.01 10B.01.  These terms do not 
 61.1   include the mailing made by the association board on behalf of 
 61.2   the candidate.  A candidate shall file a report within 30 days 
 61.3   from the day that the results of the election are announced.  
 61.4   The campaign finance and public disclosure board shall maintain 
 61.5   these reports and make them available for public inspection in 
 61.6   the same manner as the board maintains and makes available other 
 61.7   reports filed with it.  By January 10 of each year in which 
 61.8   elections are to be held the board shall distribute by mail to 
 61.9   the members ballots listing the candidates.  No member may vote 
 61.10  for more than one candidate for each board position to be 
 61.11  filled.  A ballot indicating a vote for more than one person for 
 61.12  any position is void.  No special marking may be used on the 
 61.13  ballot to indicate incumbents.  The last day for mailing ballots 
 61.14  to the fund is January 31.  Terms expire on January 31 of the 
 61.15  fourth year, and positions are vacant until newly elected 
 61.16  members are qualified.  The ballot envelopes must be so designed 
 61.17  and the ballots counted in a manner that ensures that each vote 
 61.18  is secret.  
 61.19     The secretary of state shall supervise the elections.  The 
 61.20  board of trustees and the executive director shall undertake 
 61.21  their activities consistent with chapter 356A. 
 61.22     Sec. 51.  Minnesota Statutes 2000, section 383B.042, 
 61.23  subdivision 5, is amended to read: 
 61.24     Subd. 5.  [CANDIDATE.] "Candidate" means an individual, not 
 61.25  within the definition of candidate of section 10A.01, 
 61.26  subdivision 10 10B.01, subdivision 8, who seeks nomination or 
 61.27  election to any county office in Hennepin county, to any city 
 61.28  office in any home rule charter city or statutory city located 
 61.29  wholly within Hennepin county and having a population of 75,000 
 61.30  or more or to the school board of special school district No. 1, 
 61.31  Minneapolis. 
 61.32     Sec. 52.  [TRANSITION.] 
 61.33     Subdivision 1.  [ELECTION CYCLE.] Notwithstanding Minnesota 
 61.34  Statutes, section 10B.01, subdivision 14, the first election 
 61.35  cycle begins on the effective date of Minnesota Statutes, 
 61.36  section 10B.13, and concludes on December 31 following the next 
 62.1   general election for the office. 
 62.2      Subd. 2.  [CONTRIBUTION LIMITS.] Contributions to a 
 62.3   candidate that were made before the effective date of Minnesota 
 62.4   Statutes, section 10B.13, and were lawful when made need not be 
 62.5   refunded, even though they exceed the new limits on 
 62.6   contributions in Minnesota Statutes, section 10B.13. 
 62.7      Subd. 3.  [EXPENDITURE LIMITS.] All spending limit 
 62.8   agreements filed with the campaign finance and public disclosure 
 62.9   board before the effective date of Minnesota Statutes, section 
 62.10  10B.20, become void on that date and all eligibility for 
 62.11  continued public subsidies under Minnesota Statutes, chapter 10A 
 62.12  or 290, is ended on that date.  The new expenditure limits and 
 62.13  eligibility for a public subsidy under this act apply to 
 62.14  candidates who sign and file with the campaign finance and 
 62.15  public disclosure board a new spending limit agreement under 
 62.16  Minnesota Statutes, section 10B.20, on or after its effective 
 62.17  date. 
 62.18     Subd. 4.  [CARRYFORWARD.] Capital assets of a principal 
 62.19  campaign committee acquired more than 90 days before the 
 62.20  effective date of Minnesota Statutes, section 10B.24, may be 
 62.21  carried forward to the first election cycle under this act 
 62.22  without limit on their value. 
 62.23     Subd. 5.  [REPORTS.] Campaign finance reports for the 
 62.24  election cycle ending December 31, 2002, must be filed by 
 62.25  January 31, 2003, and are governed by the requirements of 
 62.26  Minnesota Statutes, section 10A.20, as they were in effect on 
 62.27  December 31, 2002. 
 62.28     Sec. 53.  [APPROPRIATION.] 
 62.29     $....... is appropriated from the general fund to the 
 62.30  campaign finance and public disclosure board to publish campaign 
 62.31  finance reports on the World Wide Web, to be available until 
 62.32  June 30, 2003. 
 62.33     Sec. 54.  [REPEALER.] 
 62.34     Minnesota Statutes 2000, sections 10A.01, subdivisions 3, 
 62.35  4, 6, 7, 9, 10, 11, 12, 13, 15, 16, 17, 18, 20, 23, 25, 26, 27, 
 62.36  28, 29, 30, 32, 34, and 36; 10A.105; 10A.11; 10A.12; 10A.13; 
 63.1   10A.14; 10A.15; 10A.16; 10A.17; 10A.18; 10A.20; 10A.24; 10A.241; 
 63.2   10A.242; 10A.25; 10A.255; 10A.257; 10A.27; 10A.273; 10A.275; 
 63.3   10A.28; 10A.29; 10A.30; 10A.31; 10A.315; 10A.321; 10A.322; 
 63.4   10A.323; and 10A.324, including any amendments made by this act, 
 63.5   are repealed. 
 63.6      Minnesota Statutes 2001 Supplement, sections 10A.31, 
 63.7   subdivisions 3a and 7; and 290.06, subdivision 23, including any 
 63.8   amendments made by this act, are repealed. 
 63.9      Sec. 55.  [INSTRUCTION TO REVISOR.] 
 63.10     In the next edition of Minnesota Statutes, the revisor of 
 63.11  statutes must note that the sections of Minnesota Statutes 
 63.12  listed in column A have been reenacted, as amended, as the 
 63.13  sections of Minnesota Statutes listed in column B, as follows: 
 63.14         Column A                          Column B
 63.15         10A.01, subd. 3                   10B.01, subd. 2
 63.16         10A.01, subd. 4                   10B.01, subd. 3
 63.17         10A.01, subd. 6                   10B.01, subd. 4
 63.18         10A.01, subd. 7                   10B.01, subd. 5
 63.19         10A.01, subd. 9                   10B.01, subd. 7
 63.20         10A.01, subd. 10                  10B.01, subd. 8
 63.21         10A.01, subd. 10a                 10B.01, subd. 9
 63.22         10A.01, subd. 11                  10B.01, subd. 10
 63.23         10A.01, subd. 12                  10B.01, subd. 11
 63.24         10A.01, subd. 13                  10B.01, subd. 12
 63.25         10A.01, subd. 15                  10B.01, subd. 13
 63.26         10A.01, subd. 16                  10B.01, subd. 14
 63.27         10A.01, subd. 17                  10B.01, subd. 15
 63.28         10A.01, subd. 18                  10B.01, subd. 16
 63.29         10A.01, subd. 20                  10B.01, subd. 17
 63.30         10A.01, subd. 23                  10B.01, subd. 18
 63.31         10A.01, subd. 25                  10B.01, subd. 19
 63.32         10A.01, subd. 26                  10B.01, subd. 20
 63.33         10A.01, subd. 27                  10B.01, subd. 21
 63.34         10A.01, subd. 28                  10B.01, subd. 22
 63.35         10A.01, subd. 29                  10B.01, subd. 23
 63.36         10A.01, subd. 30                  10B.01, subd. 24
 64.1          10A.01, subd. 32                  10B.01, subd. 25
 64.2          10A.01, subd. 34                  10B.01, subd. 26
 64.3          10A.01, subd. 36                  10B.01, subd. 27
 64.4          10A.105                           10B.02
 64.5          10A.11                            10B.03
 64.6          10A.12                            10B.04
 64.7          10A.13                            10B.06
 64.8          10A.14                            10B.07
 64.9          10A.15                            10B.08
 64.10         10A.16                            10B.09
 64.11         10A.17                            10B.10
 64.12         10A.18                            10B.11
 64.13         10A.20                            10B.12
 64.14         10A.24                            10B.27
 64.15         10A.241                           10B.28
 64.16         10A.242                           10B.26
 64.17         10A.25                            10B.17
 64.18         10A.255                           10B.18
 64.19         10A.257                           10B.24
 64.20         10A.27                            10B.13
 64.21         10A.273                           10B.14
 64.22         10A.275                           10B.19
 64.23         10A.28, subd. 1                   10B.25, subd. 2
 64.24         10A.28, subd. 2                   10B.25, subd. 1
 64.25         10A.28, subd. 3                   10B.25, subd. 3
 64.26         10A.28, subd. 4                   10B.25, subd. 4
 64.27         10A.29                            10B.15
 64.28         10A.315                           10B.22, subd. 6
 64.29         10A.322                           10B.20
 64.30         10A.323                           10B.21
 64.31         10A.324                           10B.23
 64.32         290.06, subd. 23                  10B.16
 64.33     Sec. 56.  [EFFECTIVE DATE.] 
 64.34     This article is effective January 1, 2003. 
 64.35                             ARTICLE 2
 64.36     Section 1.  Minnesota Statutes 2000, section 10A.01, 
 65.1   subdivision 9, is amended to read: 
 65.2      Subd. 9.  [CAMPAIGN EXPENDITURE.] (a) "Campaign 
 65.3   expenditure" or "expenditure" means a purchase or payment of 
 65.4   money or anything of value, or an advance of credit, made or 
 65.5   incurred for the purpose of influencing the nomination or 
 65.6   election of a candidate or for the purpose of promoting or 
 65.7   defeating a ballot question.  
 65.8      (b) "Expenditure" includes a cost incurred to design, 
 65.9   produce, or disseminate a communication if the communication 
 65.10  contains words such as "vote for," "reelect," "(name of 
 65.11  candidate) for (office)," "vote against," "defeat," or another 
 65.12  phrase or campaign slogan that in context can have no reasonable 
 65.13  meaning other than to advocate support for or opposition to the 
 65.14  nomination or election of one or more clearly identified 
 65.15  candidates. 
 65.16     (c) "Expenditure" is presumed to include a cost incurred to 
 65.17  design, produce, or disseminate a communication if the 
 65.18  communication names or depicts one or more clearly identified 
 65.19  candidates, is disseminated during the 45 days before a primary 
 65.20  election, during the 60 days before a general election, or 
 65.21  during a special election cycle until election day, and the cost 
 65.22  exceeds the following amounts for a communication naming or 
 65.23  depicting a candidate for the following offices: 
 65.24     (1) $500 for a candidate for governor, lieutenant governor, 
 65.25  attorney general, secretary of state, or state auditor; or 
 65.26     (2) $100 for a candidate for state senator or 
 65.27  representative. 
 65.28     An individual or association presumed under this paragraph 
 65.29  to have made an expenditure may rebut the presumption by a 
 65.30  written statement signed by the spender and filed with the board 
 65.31  stating that the cost was not incurred with intent to influence 
 65.32  the nomination, election, or defeat of any candidate, supported 
 65.33  by any additional evidence the spender chooses to submit.  The 
 65.34  board may consider any additional evidence it deems relevant and 
 65.35  material and must determine by a preponderance of the evidence 
 65.36  whether the cost was incurred with intent to influence the 
 66.1   nomination, election, or defeat of a candidate. 
 66.2      (d) An expenditure is considered to be made in the year in 
 66.3   which the candidate made the purchase of goods or services or 
 66.4   incurred an obligation to pay for goods or services. 
 66.5      (e) An expenditure made for the purpose of defeating a 
 66.6   candidate is considered made for the purpose of influencing the 
 66.7   nomination or election of that candidate or any opponent of that 
 66.8   candidate. 
 66.9      (f) Except as provided in clause (1), "expenditure" 
 66.10  includes the dollar value of a donation in kind. 
 66.11     "Expenditure" does not include: 
 66.12     (1) noncampaign disbursements as defined in subdivision 26; 
 66.13     (2) services provided without compensation by an individual 
 66.14  volunteering personal time on behalf of a candidate, ballot 
 66.15  question, political committee, political fund, principal 
 66.16  campaign committee, or party unit; or 
 66.17     (3) the publishing or broadcasting of news items or 
 66.18  editorial comments by the news media, if the news medium is not 
 66.19  owned by or affiliated with any candidate or principal campaign 
 66.20  committee; or 
 66.21     (4) a cost incurred by an association for a communication 
 66.22  targeted to inform solely its own dues-paying members of the 
 66.23  association's position on a candidate. 
 66.24     Sec. 2.  Minnesota Statutes 2000, section 10A.01, 
 66.25  subdivision 18, is amended to read: 
 66.26     Subd. 18.  [INDEPENDENT EXPENDITURE.] (a) "Independent 
 66.27  expenditure" means an expenditure expressly advocating the 
 66.28  election or defeat of a clearly identified candidate, if the 
 66.29  expenditure that is made without the express or implied consent, 
 66.30  authorization, or cooperation of, and not in concert with or at 
 66.31  the request or suggestion of, any candidate or any candidate's 
 66.32  principal campaign committee or agent.  An independent 
 66.33  expenditure is not a contribution to that candidate.  An 
 66.34  expenditure by a political party or political party unit in a 
 66.35  race where the political party has a candidate on the ballot is 
 66.36  not an independent expenditure. 
 67.1      (b) An expenditure is presumed to be not independent if, 
 67.2   for example: 
 67.3      (1) in the same election cycle in which the expenditure 
 67.4   occurs, the spender or the spender's agent retains the 
 67.5   professional services of an individual or entity that, in a 
 67.6   nonministerial capacity, provides or has provided 
 67.7   campaign-related service, including polling or other campaign 
 67.8   research, media consulting or production, direct mail, or 
 67.9   fundraising, to a candidate supported by the spender for 
 67.10  nomination or election to the same office as any candidate whose 
 67.11  nomination or election the expenditure is intended to influence 
 67.12  or to a political party working in coordination with the 
 67.13  supported candidate; 
 67.14     (2) the expenditure pays for a communication that 
 67.15  disseminates, in whole or in substantial part, a broadcast or 
 67.16  written, graphic, or other form of campaign material designed, 
 67.17  produced, or distributed by the candidate, the candidate's 
 67.18  principal campaign committee, or their agents; 
 67.19     (3) the expenditure is based on information about the 
 67.20  candidate's electoral campaign plans, projects, or needs that is 
 67.21  provided by the candidate, the candidate's principal campaign 
 67.22  committee, or their agents directly or indirectly to the spender 
 67.23  or the spender's agent, with an express or tacit understanding 
 67.24  that the spender is considering making the expenditure; 
 67.25     (4) before the election, the spender or the spender's agent 
 67.26  informs a candidate or the principal campaign committee or agent 
 67.27  of a candidate for the same office as a candidate clearly 
 67.28  identified in a communication paid for by the expenditure about 
 67.29  the communication's contents; timing, location, mode, or 
 67.30  frequency of dissemination; or intended audience; or 
 67.31     (5) in the same election cycle in which the expenditure 
 67.32  occurs, the spender or the spender's agent is serving or has 
 67.33  served in an executive, policymaking, fundraising, or advisory 
 67.34  position with the candidate's campaign or has participated in 
 67.35  strategic or policymaking discussions with the candidate's 
 67.36  campaign relating to the candidate's pursuit of nomination or 
 68.1   election to office and the candidate is pursuing the same office 
 68.2   as a candidate whose nomination or election the expenditure is 
 68.3   intended to influence. 
 68.4      An individual or association presumed under this paragraph 
 68.5   to have made an expenditure that was not independent may rebut 
 68.6   the presumption by a written statement signed by the spender and 
 68.7   filed with the board stating that the expenditure was made 
 68.8   without the express or implied consent, authorization, or 
 68.9   cooperation of, and not in concert with or at the request or 
 68.10  suggestion of, any candidate or any candidate's principal 
 68.11  campaign committee or agent, supported by any additional 
 68.12  evidence the spender chooses to submit.  The board may consider 
 68.13  any additional evidence it deems relevant and material and must 
 68.14  determine by a preponderance of the evidence whether the 
 68.15  expenditure was independent.  
 68.16     (c) An expenditure by anyone other than a principal 
 68.17  campaign committee that does not qualify as an independent 
 68.18  expenditure under this subdivision is deemed to be an approved 
 68.19  expenditure under subdivision 4. 
 68.20     Sec. 3.  Minnesota Statutes 2000, section 10A.25, 
 68.21  subdivision 1, is amended to read: 
 68.22     Subdivision 1.  [LIMITS ARE VOLUNTARY.] The expenditure 
 68.23  limits imposed by this section on a candidate apply only to a 
 68.24  candidate who has signed an agreement under section 10A.322 to 
 68.25  be bound by them as a condition of receiving a public subsidy 
 68.26  for the candidate's campaign.  The prohibition imposed by this 
 68.27  section on a political party applies only to a political party 
 68.28  that has signed an agreement under section 10A.322 to be bound 
 68.29  by it as a condition of receiving a public subsidy for the 
 68.30  party's activities. 
 68.31     Sec. 4.  Minnesota Statutes 2000, section 10A.25, is 
 68.32  amended by adding a subdivision to read: 
 68.33     Subd. 14.  [INDEPENDENT EXPENDITURES BY POLITICAL PARTIES.] 
 68.34  (a) A political party or party unit must not make an independent 
 68.35  expenditure. 
 68.36     (b) A political party that has agreed not to make 
 69.1   independent expenditures as a condition of receiving a public 
 69.2   subsidy is released from the prohibition but remains eligible to 
 69.3   receive a public subsidy if a political party that has not 
 69.4   agreed to the prohibition makes an independent expenditure 
 69.5   during that election cycle. 
 69.6      (c) A political party that has not agreed to the 
 69.7   prohibition in this subdivision must file written notice with 
 69.8   the board and serve written notice on every other political 
 69.9   party within 24 hours after making an independent expenditure.  
 69.10  The notice must state only that the political party has made an 
 69.11  independent expenditure.  Upon receipt of the notice, the 
 69.12  political party that agreed to the prohibition is no longer 
 69.13  subject to the prohibition but remains eligible to receive a 
 69.14  public subsidy. 
 69.15     Sec. 5.  Minnesota Statutes 2000, section 10A.28, 
 69.16  subdivision 1, is amended to read: 
 69.17     Subdivision 1.  [EXCEEDING EXPENDITURE LIMITS.] (a) A 
 69.18  candidate subject to the expenditure limits in section 10A.25 
 69.19  who permits the candidate's principal campaign committee to make 
 69.20  expenditures or permits approved expenditures to be made on the 
 69.21  candidate's behalf in excess of the limits imposed by section 
 69.22  10A.25, as adjusted by section 10A.255, is subject to a civil 
 69.23  fine of up to four times the amount by which the expenditures 
 69.24  exceeded the limit. 
 69.25     (b) The chair of a political party or party unit subject to 
 69.26  the prohibition in section 10A.25 that makes expenditures in 
 69.27  violation of section 10A.25 is subject to a civil fine of up to 
 69.28  four times the amount of the expenditures. 
 69.29     Sec. 6.  Minnesota Statutes 2000, section 10A.31, 
 69.30  subdivision 3, is amended to read: 
 69.31     Subd. 3.  [FORM.] The commissioner of revenue must provide 
 69.32  on the first page of the income tax form and the renter and 
 69.33  homeowner property tax refund return a space for the individual 
 69.34  to indicate a wish to pay $5 ($10 if filing a joint return) from 
 69.35  the general fund of the state to finance election campaigns.  
 69.36  The form must also contain language prepared by the commissioner 
 70.1   that permits the individual to direct the state to pay the $5 
 70.2   (or $10 if filing a joint return) to:  (1) one of the major 
 70.3   political parties; (2) any minor political party that qualifies 
 70.4   under subdivision 3a; or (3) (2) all qualifying candidates as 
 70.5   provided by subdivision 7.  The renter and homeowner property 
 70.6   tax refund return must include instructions that the individual 
 70.7   filing the return may designate $5 on the return only if the 
 70.8   individual has not designated $5 on the income tax return. 
 70.9      Sec. 7.  Minnesota Statutes 2000, section 10A.31, 
 70.10  subdivision 5, is amended to read: 
 70.11     Subd. 5.  [ALLOCATION.] (a)  [GENERAL ACCOUNT.] In each 
 70.12  calendar year the money in the general account must be allocated 
 70.13  to candidates as follows: 
 70.14     (1) 21 percent for the offices of governor and lieutenant 
 70.15  governor together; 
 70.16     (2) 4.2 percent for the office of attorney general; 
 70.17     (3) 2.4 percent each for the offices of secretary of state 
 70.18  and state auditor; 
 70.19     (4) in each calendar year during the period in which state 
 70.20  senators serve a four-year term, 23-1/3 percent for the office 
 70.21  of state senator, and 46-2/3 percent for the office of state 
 70.22  representative; and 
 70.23     (5) in each calendar year during the period in which state 
 70.24  senators serve a two-year term, 35 percent each for the offices 
 70.25  of state senator and state representative. 
 70.26     (b)  [PARTY ACCOUNT.] In each calendar year the money in 
 70.27  each party account must be allocated as follows: 
 70.28     (1) 14 percent for the offices of governor and lieutenant 
 70.29  governor together; 
 70.30     (2) 2.8 percent for the office of attorney general; 
 70.31     (3) 1.6 percent each for the offices of secretary of state 
 70.32  and state auditor; 
 70.33     (4) in each calendar year during the period in which state 
 70.34  senators serve a four-year term, 23-1/3 percent for the office 
 70.35  of state senator, and 46-2/3 percent for the office of state 
 70.36  representative; 
 71.1      (5) in each calendar year during the period in which state 
 71.2   senators serve a two-year term, 35 percent each for the offices 
 71.3   of state senator and state representative; and 
 71.4      (6) ten percent for the state committee of a political 
 71.5   party that has signed and filed with the board an agreement 
 71.6   under section 10A.322 not to make independent expenditures. 
 71.7      Money allocated to each state committee under clause (6) 
 71.8   must be deposited in a separate account and must be spent for 
 71.9   only those items enumerated in section 10A.275.  Money allocated 
 71.10  to a state committee under clause (6) must be paid to the 
 71.11  committee by the board as it is received in the account on a 
 71.12  monthly basis, with payment on the 15th day of the calendar 
 71.13  month following the month in which the returns were processed by 
 71.14  the department of revenue, provided that these distributions 
 71.15  would be equal to 90 percent of the amount of money indicated in 
 71.16  the department of revenue's weekly unedited reports of income 
 71.17  tax returns and property tax refund returns processed in the 
 71.18  month, as notified by the department of revenue to the board.  
 71.19  The amounts paid to each state committee are subject to biennial 
 71.20  adjustment and settlement at the time of each certification 
 71.21  required of the commissioner of revenue under subdivisions 7 and 
 71.22  10.  If the total amount of payments received by a state 
 71.23  committee for the period reflected on a certification by the 
 71.24  department of revenue is different from the amount that should 
 71.25  have been received during the period according to the 
 71.26  certification, each subsequent monthly payment must be increased 
 71.27  or decreased to the fullest extent possible until the amount of 
 71.28  the overpayment is recovered or the underpayment is distributed. 
 71.29     Money not allocated to a state committee under clause (6) 
 71.30  because the state committee has not signed and filed with the 
 71.31  board a spending limit agreement under section 10A.322 must be 
 71.32  canceled to the general fund. 
 71.33     Sec. 8.  Minnesota Statutes 2000, section 10A.322, is 
 71.34  amended to read: 
 71.35     10A.322 [SPENDING LIMIT AGREEMENTS.] 
 71.36     Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
 72.1   condition of receiving a public subsidy, a candidate must sign 
 72.2   and file with the board a written agreement in which the 
 72.3   candidate agrees that the candidate will comply with sections 
 72.4   10A.25; 10A.27, subdivision 10; and 10A.324. 
 72.5      (b) Before the first day of filing for office, the board 
 72.6   must forward agreement forms to all filing officers.  The board 
 72.7   must also provide agreement forms to candidates on request at 
 72.8   any time.  The candidate must file the agreement with the board 
 72.9   by September August 1 preceding the candidate's general election 
 72.10  or a special election held at the general election.  An 
 72.11  agreement may not be filed after that date.  An agreement once 
 72.12  filed may not be rescinded. 
 72.13     (c) The board must notify the commissioner of revenue of 
 72.14  any agreement signed filed under this subdivision. 
 72.15     (d) Notwithstanding paragraph (b), if a vacancy occurs that 
 72.16  will be filled by means of a special election and the filing 
 72.17  period does not coincide with the filing period for the general 
 72.18  election, a candidate may sign and submit file a spending limit 
 72.19  agreement not later than the day after the candidate files the 
 72.20  affidavit of candidacy or nominating petition for the office. 
 72.21     Subd. 2.  [HOW LONG AGREEMENT IS EFFECTIVE.] (e) The 
 72.22  agreement, insofar as it relates to the expenditure limits in 
 72.23  section 10A.25, as adjusted by section 10A.255, and the 
 72.24  contribution limit in section 10A.27, subdivision 10, remains 
 72.25  effective for candidates until the dissolution of the principal 
 72.26  campaign committee of the candidate or the end of the first 
 72.27  election cycle completed after the agreement was filed, 
 72.28  whichever occurs first. 
 72.29     Subd. 2a.  [AGREEMENT BY POLITICAL PARTY.] (a) As a 
 72.30  condition of receiving a public subsidy, the chair of the state 
 72.31  committee of a political party must sign and file with the board 
 72.32  a written agreement in which the state committee agrees that the 
 72.33  political party and all its party units will comply with section 
 72.34  10A.25.  An agreement once filed may not be rescinded. 
 72.35     (b) The board must provide agreement forms to political 
 72.36  parties on request at any time.  The state chair must file the 
 73.1   agreement with the board by February 1 of any year during an 
 73.2   election cycle in order to be allocated money designated to the 
 73.3   party account on tax returns for the preceding and current 
 73.4   taxable years. 
 73.5      (c) The agreement not to make independent expenditures 
 73.6   remains in effect until the end of the first general election 
 73.7   cycle completed after the agreement was filed or the dissolution 
 73.8   of the political party, whichever occurs first. 
 73.9      (d) The board must notify the commissioner of revenue of 
 73.10  any agreement filed under this subdivision. 
 73.11     Subd. 4.  [REFUND RECEIPT FORMS; PENALTY.] The board must 
 73.12  make available to a political party on request and to any or 
 73.13  candidate for whom an agreement under this section is effective, 
 73.14  a supply of official refund receipt forms that state in boldface 
 73.15  type that (1) a contributor who is given a receipt form is 
 73.16  eligible to claim a refund as provided in section 290.06, 
 73.17  subdivision 23, and (2) if the contribution is to a candidate, 
 73.18  that the candidate or political party has signed an agreement to 
 73.19  limit campaign expenditures as provided in this section.  The 
 73.20  forms must provide duplicate copies of the receipt to be 
 73.21  attached to the contributor's claim.  If a candidate who does 
 73.22  not sign an agreement under this section and who the candidate 
 73.23  or the treasurer of the candidate's principal campaign committee 
 73.24  willfully issues an official refund receipt form or a facsimile 
 73.25  of one to any of the candidate's contributors, the issuer of the 
 73.26  receipt is guilty of a misdemeanor.  If the state chair of a 
 73.27  political party has not signed an agreement under this section 
 73.28  and the chair or treasurer of a party unit willfully issues an 
 73.29  official refund receipt form or a facsimile of one to any of the 
 73.30  party's contributors, the issuer of the receipt is guilty of a 
 73.31  misdemeanor. 
 73.32     Sec. 9.  Minnesota Statutes 2001 Supplement, section 
 73.33  290.06, subdivision 23, is amended to read: 
 73.34     Subd. 23.  [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES 
 73.35  AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the 
 73.36  amount of the taxpayer's contributions made in the calendar year 
 74.1   to candidates and to a political party.  The maximum refund for 
 74.2   an individual must not exceed $50 and for a married couple, 
 74.3   filing jointly, must not exceed $100.  A refund of a 
 74.4   contribution is allowed only if the taxpayer files a form 
 74.5   required by the commissioner and attaches to the form a copy of 
 74.6   an official refund receipt form issued by the candidate or party 
 74.7   and signed by the candidate, the treasurer of the candidate's 
 74.8   principal campaign committee, or the chair or treasurer of the 
 74.9   party unit, after the contribution was received.  The receipt 
 74.10  forms must be numbered, and the data on the receipt that are not 
 74.11  public must be made available to the campaign finance and public 
 74.12  disclosure board upon its request.  A claim must be filed with 
 74.13  the commissioner no sooner than January 1 of the calendar year 
 74.14  in which the contribution was made and no later than April 15 of 
 74.15  the calendar year following the calendar year in which the 
 74.16  contribution was made.  A taxpayer may file only one claim per 
 74.17  calendar year.  Amounts paid by the commissioner after June 15 
 74.18  of the calendar year following the calendar year in which the 
 74.19  contribution was made must include interest at the rate 
 74.20  specified in section 270.76. 
 74.21     (b) No refund is allowed under this subdivision for a 
 74.22  contribution to a candidate unless the candidate: 
 74.23     (1) has signed and filed an agreement to limit campaign 
 74.24  expenditures as provided in section 10A.322; 
 74.25     (2) is seeking an office for which voluntary spending 
 74.26  limits are specified in section 10A.25; and 
 74.27     (3) has designated a principal campaign committee.  
 74.28     This subdivision does not limit the campaign expenditures 
 74.29  of a candidate who does not sign an agreement but accepts a 
 74.30  contribution for which the contributor improperly claims a 
 74.31  refund.  
 74.32     No refund is allowed under this subdivision for a 
 74.33  contribution to a political party or party unit unless the state 
 74.34  chair of the political party has signed and filed an agreement 
 74.35  not to make independent expenditures as provided in section 
 74.36  10A.322.  Notwithstanding the deadline in section 10A.322 in 
 75.1   order to be eligible to receive a distribution of checkoff money 
 75.2   under section 10A.31, there is no deadline for filing an 
 75.3   agreement in order to be eligible to receive a refund under this 
 75.4   subdivision.  
 75.5      (c) For purposes of this subdivision, "political party" 
 75.6   means a major political party as defined in section 200.02, 
 75.7   subdivision 7, or a minor political party qualifying for 
 75.8   inclusion on the income tax or property tax refund form under 
 75.9   section 10A.31, subdivision 3a has the meaning given it in 
 75.10  section 10A.01, subdivision 29.  
 75.11     A "major party" or "minor party" includes the aggregate of 
 75.12  that party's organization within each house of the legislature, 
 75.13  the state party organization, and the party organization within 
 75.14  congressional districts, counties, legislative districts, 
 75.15  municipalities, and precincts.  "Party unit" has the meaning 
 75.16  given it in section 10A.01, subdivision 30.  
 75.17     "Candidate" means a candidate as defined in section 10A.01, 
 75.18  subdivision 10, except a candidate for judicial office.  
 75.19     "Contribution" means a gift of money. 
 75.20     (d) The commissioner shall make copies of the form 
 75.21  available to the public and candidates upon request. 
 75.22     (e) The following data collected or maintained by the 
 75.23  commissioner under this subdivision are private:  the identities 
 75.24  of individuals claiming a refund, the identities of candidates 
 75.25  to whom those individuals have made contributions, and the 
 75.26  amount of each contribution.  
 75.27     (f) The commissioner shall report to the campaign finance 
 75.28  and public disclosure board by each August 1 a summary showing 
 75.29  the total number and aggregate amount of political contribution 
 75.30  refunds made on behalf of each candidate and each political 
 75.31  party.  These data are public. 
 75.32     (g) The amount necessary to pay claims for the refund 
 75.33  provided in this section is appropriated from the general fund 
 75.34  to the commissioner of revenue. 
 75.35     (h) For a taxpayer who files a claim for refund via the 
 75.36  Internet or other electronic means, the commissioner may accept 
 76.1   the number on the official receipt as documentation that a 
 76.2   contribution was made rather than the actual receipt as required 
 76.3   by paragraph (a). 
 76.4      Sec. 10.  [TRANSITION.] 
 76.5      Notwithstanding section 8, the deadline for a state party 
 76.6   chair to file with the campaign finance and public disclosure 
 76.7   board an agreement not to make independent expenditures in order 
 76.8   to be eligible to receive checkoff money for the general 
 76.9   election cycle ending December 31, 2002, is June 1, 2002. 
 76.10     Sec. 11.  [EFFECTIVE DATE.] 
 76.11     This article is effective the day following final enactment 
 76.12  and applies to contributions received and expenditures and 
 76.13  checkoff money distributions made on and after that date.