Minnesota Legislature
SF 661
5th Engrossment - 88th Legislature (2013 - 2014) Posted on 06/10/2013 11:18am
Current Version - 5th Engrossment
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A bill for an act
relating to government operations; making various policy, technical, conforming,
and other changes to campaign finance and public disclosure law; providing for
additional disclosure; modifying certain regulations, reporting, spending and
contribution limits, registration, definitions, and various procedures; modifying
definition of public official; modifying penalties related to corporate political
contributions; providing penalties; amending Minnesota Statutes 2012, sections
10A.01, subdivisions 10, 11, 16, 27, 28, 35, by adding subdivisions; 10A.02,
subdivisions 9, 10, 11, 12, 15; 10A.025, subdivisions 2, 3, 4; 10A.04, subdivision
5; 10A.07; 10A.071, subdivisions 1, 3; 10A.08; 10A.09, subdivision 6a, by
adding a subdivision; 10A.105, subdivision 1; 10A.12, subdivisions 1, 1a, 2;
10A.121; 10A.14, subdivision 1, by adding a subdivision; 10A.15, subdivisions
1, 3; 10A.16; 10A.20, subdivisions 1, 2, 3, 4, 5, 6, 7, 12, by adding a subdivision;
10A.241; 10A.242, subdivision 1; 10A.25, subdivisions 2, 2a, 3; 10A.257,
subdivision 1; 10A.27, subdivisions 1, 9, 10, 11, 13, 14, 15; 10A.273, subdivisions
1, 4; 10A.30; 10A.31, subdivisions 1, 4, 7; 10A.315; 10A.321, subdivision 1;
10A.322, subdivision 4; 10A.323; 10A.324, subdivision 1; 211B.15, subdivisions
6, 7, by adding a subdivision; 211B.32, subdivision 1; 211B.37; proposing
coding for new law in Minnesota Statutes, chapter 10A; repealing Minnesota
Statutes 2012, sections 10A.24; 10A.242; 10A.25, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
POLICY CHANGES
Section 1.
Minnesota Statutes 2012, section 10A.01, is amended by adding a
subdivision to read:
new text begin Subd. 7c. new text end
new text begin Ballot question political committee. new text end
new text begin
"Ballot question political
committee" means a political committee that makes only expenditures to promote or defeat
a ballot question and disbursements permitted under section 10A.121, subdivision 1.
new text end
Sec. 2.
Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
to read:
new text begin Subd. 7d. new text end
new text begin Ballot question political fund. new text end
new text begin
"Ballot question political fund" means
a political fund that makes only expenditures to promote or defeat a ballot question and
disbursements permitted under section 10A.121, subdivision 1.
new text end
Sec. 3.
Minnesota Statutes 2012, section 10A.01, subdivision 10, is amended to read:
Subd. 10.
Candidate.
"Candidate" means an individual who seeks nomination or
election as a state constitutional officer, legislator, or judge. An individual is deemed to seek
nomination or election if the individual has taken the action necessary under the law of this
state to qualify for nomination or election, has received contributions or made expenditures
in excess of $100, or has given implicit or explicit consent for any other person to receive
contributions or make expenditures in excess of $100, for the purpose of bringing about the
individual's nomination or election. A candidate remains a candidate until the candidate's
principal campaign committee is dissolved as provided in section deleted text begin 10A.24deleted text end new text begin 10A.243new text end .
Sec. 4.
Minnesota Statutes 2012, section 10A.01, subdivision 11, is amended to read:
Subd. 11.
Contribution.
(a) "Contribution" means money, a negotiable instrument,
or a donation in kind that is given to a political committee, political fund, principal
campaign committee, or party unit.new text begin An allocation by an association of general treasury
money to be used for activities that must be or are reported through the association's
political fund is considered to be a contribution for the purposes of disclosure required
by this chapter.
new text end
(b) "Contribution" includes a loan or advance of credit to a political committee,
political fund, principal campaign committee, or party unit, if the loan or advance of credit
is: (1) forgiven; or (2) repaid by an individual or an association other than the political
committee, political fund, principal campaign committee, or party unit to which the loan
or advance of credit was made. If an advance of credit or a loan is forgiven or repaid as
provided in this paragraph, it is a contribution in the year in which the loan or advance
of credit was made.
(c) "Contribution" does not include services provided without compensation by an
individual volunteering personal time on behalf of a candidate, ballot question, political
committee, political fund, principal campaign committee, or party unit; the publishing or
broadcasting of news items or editorial comments by the news media; or an individual's
unreimbursed personal use of an automobile owned by the individual while volunteering
personal time.
Sec. 5.
Minnesota Statutes 2012, section 10A.01, subdivision 16, is amended to read:
Subd. 16.
Election cycle.
"Election cycle" means the period from January 1
following a general election for an office to December 31 following the next general
election for that office, except that "election cycle" for a special election means the period
from the date the special election writ is issued to 60 days after the special election is held.
new text begin For a regular election, the period from January 1 of the year prior to an election year through
December 31 of the election year is the "election segment" of the election cycle. Each
other two-year segment of an election cycle is a "non-election segment" of the election
cycle. An election cycle that consists of two calendar years has only an election segment.
The election segment of a special election cycle includes the entire special election cycle.
new text end
Sec. 6.
Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
to read:
new text begin Subd. 16a. new text end
new text begin Expressly advocating. new text end
new text begin
"Expressly advocating" means that a
communication clearly identifies a candidate and uses words or phrases of express
advocacy.
new text end
Sec. 7.
Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
to read:
new text begin Subd. 17c. new text end
new text begin General treasury money. new text end
new text begin
"General treasury money" means money
that an association other than a principal campaign committee, party unit, or political
committee accumulates through membership dues and fees, donations to the association
for its general purposes, and income from the operation of a business. General treasury
money does not include money collected to influence the nomination or election of
candidates or to promote or defeat a ballot question.
new text end
Sec. 8.
Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
to read:
new text begin Subd. 26a. new text end
new text begin Person. new text end
new text begin
"Person" means an individual, an association, a political
subdivision, or a public higher education system.
new text end
Sec. 9.
Minnesota Statutes 2012, section 10A.01, subdivision 27, is amended to read:
Subd. 27.
Political committee.
"Political committee" means an association whose
major purpose is to influence the nomination or election of deleted text begin a candidatedeleted text end new text begin one or more
candidatesnew text end or to promote or defeat a ballot question, other than a principal campaign
committee or a political party unit.
Sec. 10.
Minnesota Statutes 2012, section 10A.01, subdivision 28, is amended to read:
Subd. 28.
Political fund.
"Political fund" means an accumulation of dues or
voluntary contributions by an association other than a political committee, principal
campaign committee, or party unit, if the accumulation is collected or expended to
influence the nomination or election of deleted text begin a candidatedeleted text end new text begin one or more candidatesnew text end or to promote
or defeat a ballot question.new text begin The term "political fund" as used in this chapter may also refer
to the association acting through its political fund.
new text end
Sec. 11.
Minnesota Statutes 2012, section 10A.02, subdivision 9, is amended to read:
Subd. 9.
Documents; information.
The executive director must inspect all material
filed with the board as promptly as necessary to comply with this chapter deleted text begin anddeleted text end new text begin , withnew text end other
provisions of law requiring the filing of a document with the boardnew text begin , and with other
provisions of law under the board's jurisdiction pursuant to subdivision 11new text end . The executive
director must immediately notify deleted text begin thedeleted text end new text begin annew text end individual deleted text begin required to file a document with the
boarddeleted text end if a written complaint is filed with the board alleging, or it otherwise appears, that a
document filed with the board is inaccurate or does not comply with this chapter, or that
the individual has failed to file a document required by this chapternew text begin or has failed to comply
with this chapter or other provisions under the board's jurisdiction pursuant to subdivision
11new text end .deleted text begin The executive director may provide an individual required to file a document under
this chapter with factual information concerning the limitations on corporate campaign
contributions imposed by section 211B.15.
deleted text end
Sec. 12.
Minnesota Statutes 2012, section 10A.02, subdivision 10, is amended to read:
Subd. 10.
Audits and investigations.
The board may make audits and investigationsnew text begin ,
impose statutory civil penalties, and issue orders for compliancenew text end with respect to deleted text begin statements
and reports that are filed or that should have been filed underdeleted text end new text begin the requirements ofnew text end this
chapternew text begin and provisions under the board's jurisdiction pursuant to subdivision 11new text end . In all
matters relating to its official duties, the board has the power to issue subpoenas and cause
them to be served. If a person does not comply with a subpoena, the board may apply to
the District Court of Ramsey County for issuance of an order compelling obedience to the
subpoena. A person failing to obey the order is punishable by the court as for contempt.
Sec. 13.
Minnesota Statutes 2012, section 10A.02, subdivision 11, is amended to read:
Subd. 11.
Violations; enforcement.
(a) The board may investigate any alleged
violation of this chapter.new text begin The board may also investigate an alleged violation of section
211B.04, 211B.12, or 211B.15 by or related to a candidate, treasurer, principal campaign
committee, political committee, political fund, or party unit, as those terms are defined in
this chapter.new text end The board must investigate any violation that is alleged in a written complaint
filed with the board and must within 30 days after the filing of the complaint make deleted text begin a public
finding of whether there is probable cause to believe a violation has occurreddeleted text end new text begin findings and
conclusions as to whether a violation has occurred and must issue an ordernew text end , except that
if the complaint alleges a violation of section 10A.25 or 10A.27, the board must either
enter a conciliation agreement or make deleted text begin adeleted text end public deleted text begin finding of whether there is probable cause,
deleted text end new text begin findings and conclusions as to whether a violation has occurred and must issue an order
new text end within 60 days after the filing of the complaint. The deadline for action on a written
complaint may be extended by majority vote of the board.
new text begin
(b) The board may bring legal actions or negotiate settlements in its own name to
recover money raised from contributions subject to the conditions in this paragraph.
new text end
new text begin
(1) No action may be commenced unless the board has made a formal determination,
after an investigation, that the money was raised for political purposes as defined in
section 211B.01, subdivision 6, and that the money was used for purposes not permitted
under this chapter or under section 211B.12.
new text end
new text begin
(2) Prior to commencing an action, the board must give the association whose money
was misused written notice by certified mail of its intent to take action under this subdivision
and must give the association a reasonable opportunity, for a period of not less than 90
days, to recover the money without board intervention. This period must be extended
for at least an additional 90 days for good cause if the association is actively pursuing
recovery of the money. The board may not commence a legal action under this subdivision
if the association has commenced a legal action for the recovery of the same money.
new text end
new text begin
(3) Any funds recovered under this subdivision must be deposited in a campaign
finance recovery account in the special revenue fund and are appropriated as follows:
new text end
new text begin
(i) an amount equal to the board's actual costs and disbursements in the action,
including court reporter fees for depositions taken in the course of an investigation, is
appropriated to the board for its operations;
new text end
new text begin
(ii) an amount equal to the reasonable value of legal services provided by the Office
of the Attorney General in the recovery matter, calculated on the same basis as is used
for charging legal fees to state agencies, is appropriated to the attorney general for the
attorney general's operations; and
new text end
new text begin
(iii) any remaining balance is appropriated to the board for distribution to the
association to which the money was originally contributed.
new text end
new text begin
(4) Notwithstanding clause (3), item (iii), if the candidate of a principal campaign
committee is the person who used the association's money for illegal purposes, or if the
association or political fund whose money was misused is no longer registered with the
board, any money remaining after the payments specified in clause (3), items (i) and (ii),
must be transferred to the general account of the state elections campaign account.
new text end
new text begin
(5) Any action by the board under this paragraph must be commenced not later than
four years after the improper use of money is shown on a report filed with the board or the
board has actual knowledge of improper use. No action may be commenced under this
paragraph for improper uses disclosed on reports for calendar years prior to 2011.
new text end
new text begin
(6) If the board prevails in an action brought under this subdivision and the court
makes a finding that the misuse of funds was willful, the court may enter judgment in favor
of the board and against the person misusing the funds in the amount of the misused funds.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end Within a reasonable time after beginning an investigation of an individual
or association, the board must notify the individual or association of the fact of the
investigation. The board must not make a finding of whether there is probable cause to
believe a violation has occurred without notifying the individual or association of the
nature of the allegations and affording an opportunity to answer those allegations.
deleted text begin (c)deleted text end new text begin (d)new text end A hearing or action of the board concerning a complaint or investigation
other than a finding concerning probable cause or a conciliation agreement is confidential.
Until the board makes a public finding concerning probable cause or enters a conciliation
agreement:
(1) a member, employee, or agent of the board must not disclose to an individual
information obtained by that member, employee, or agent concerning a complaint or
investigation except as required to carry out the investigation or take action in the matter
as authorized by this chapter; and
(2) an individual who discloses information contrary to this subdivision is subject
to a civil penalty imposed by the board of up to $1,000.
new text begin
(e) A matter that is under the board's jurisdiction pursuant to this section and that
may result in a criminal offense must be finally disposed of by the board before the alleged
violation may be prosecuted by a city or county attorney.
new text end
Sec. 14.
Minnesota Statutes 2012, section 10A.02, subdivision 12, is amended to read:
Subd. 12.
Advisory opinions.
(a) The board may issue and publish advisory
opinions on the requirements of this chapternew text begin and of those sections listed in subdivision 11
new text end based upon real or hypothetical situations. An application for an advisory opinion may
be made only by deleted text begin an individual or associationdeleted text end new text begin a personnew text end whonew text begin is subject to chapter 10A and
whonew text end wishes to use the opinion to guide the deleted text begin individual's or the association'sdeleted text end new text begin person'snew text end own
conduct. The board must issue written opinions on all such questions submitted to it
within 30 days after receipt of written application, unless a majority of the board agrees
to extend the time limit.
(b) A written advisory opinion issued by the board is binding on the board in a
subsequent board proceeding concerning the person making or covered by the request and
is a defense in a judicial proceeding that involves the subject matter of the opinion and is
brought against the person making or covered by the request unless:
(1) the board has amended or revoked the opinion before the initiation of the board
or judicial proceeding, has notified the person making or covered by the request of its
action, and has allowed at least 30 days for the person to do anything that might be
necessary to comply with the amended or revoked opinion;
(2) the request has omitted or misstated material facts; or
(3) the person making or covered by the request has not acted in good faith in
reliance on the opinion.
(c) A request for an opinion and the opinion itself are nonpublic data. The board,
however, may publish an opinion or a summary of an opinion, but may not include in the
publication the name of the requester, the name of a person covered by a request from an
agency or political subdivision, or any other information that might identify the requester,
unless the person consents to the inclusion.
Sec. 15.
Minnesota Statutes 2012, section 10A.02, subdivision 15, is amended to read:
Subd. 15.
Disposition of fees.
The board must deposit all feesnew text begin and civil penalties
new text end collected under this chapter into the general fund in the state treasury.
Sec. 16.
Minnesota Statutes 2012, section 10A.025, subdivision 2, is amended to read:
Subd. 2.
Penalty for false statements.
new text begin (a) new text end A report or statement required to be filed
under this chapter must be signed and certified as true by the individual required to file the
report. The signature may be an electronic signature consisting of a password assigned
by the board.
new text begin (b)new text end An individual deleted text begin who signs and certifiesdeleted text end new text begin shall not sign and certifynew text end to be true a
report or statement knowing it contains false information or deleted text begin who knowinglydeleted text end new text begin knowing it
new text end omits required information deleted text begin is guilty of a gross misdemeanor and subject to a civil penalty
imposed by the board of up to $3,000deleted text end .
new text begin
(c) An individual shall not knowingly provide false or incomplete information to
a treasurer with the intent that the treasurer will rely on that information in signing and
certifying to be true a report or statement.
new text end
new text begin
(d) A person who violates paragraph (b) or (c) is subject to a civil penalty imposed
by the board of up to $3,000. A violation of paragraph (b) or (c) is a gross misdemeanor.
new text end
new text begin
(e) The board may impose an additional civil penalty of up to $3,000 on the principal
campaign committee or candidate, party unit, political committee, or association that has a
political fund that is affiliated with an individual who violated paragraph (b) or (c).
new text end
Sec. 17.
Minnesota Statutes 2012, section 10A.025, subdivision 3, is amended to read:
Subd. 3.
Record keeping; penalty.
new text begin (a) new text end A person required to file a report or statement
new text begin or who has accepted record-keeping responsibility for the filernew text end must maintain records on
the matters required to be reported, including vouchers, canceled checks, bills, invoices,
worksheets, and receipts, that will provide in sufficient detail the necessary information
from which the filed reports and statements may be verified, explained, clarified, and
checked for accuracy and completeness. The person must keep the records available for
audit, inspection, or examination by the board or its authorized representatives for four
years from the date of filing of the reports or statements or of changes or corrections to
them. deleted text begin A person who knowingly violates this subdivision is guilty of a misdemeanor.
deleted text end
new text begin
(b) The board may impose a civil penalty of up to $3,000 on a person who knowingly
violates this subdivision. The board may impose a separate civil penalty of up to $3,000
on the principal campaign committee or candidate, party unit, political committee, or
association that has a political fund that is affiliated with an individual who violated
this subdivision.
new text end
new text begin
(c) A knowing violation of this subdivision is a misdemeanor.
new text end
Sec. 18.
Minnesota Statutes 2012, section 10A.071, subdivision 3, is amended to read:
Subd. 3.
Exceptions.
(a) The prohibitions in this section do not apply if the gift is:
(1) a contribution as defined in section 10A.01, subdivision 11;
(2) services to assist an official in the performance of official duties, including
but not limited to providing advice, consultation, information, and communication in
connection with legislation, and services to constituents;
(3) services of insignificant monetary value;
(4) a plaque with a resale value of $5 or less;
(5) a trinket or memento costing $5 or less;
(6) informational material with a resale value of $5 or less; or
(7) food or a beverage given at a reception, meal, or meetingnew text begin if:
new text end
new text begin (i) the reception, meal, or meeting is heldnew text end away from the recipient's place of work by
an organization before whom the recipient appears to make a speech or answer questions
as part of a programdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(ii) the recipient is a member or employee of the legislature and an invitation to
attend the reception, meal, or meeting was provided to all members of the legislature at
least five days prior to the date of the event.
new text end
(b) The prohibitions in this section do not apply if the gift is given:
(1) because of the recipient's membership in a group, a majority of whose members
are not officials, and an equivalent gift is given to the other members of the group; or
(2) by a lobbyist or principal who is a member of the family of the recipient, unless
the gift is given on behalf of someone who is not a member of that family.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 19.
Minnesota Statutes 2012, section 10A.105, subdivision 1, is amended to read:
Subdivision 1.
Single committee.
A candidate must not accept contributions from a
source, other than self, in aggregate in excess of deleted text begin $100deleted text end new text begin $750new text end or accept a public subsidy
unless the candidate designates and causes to be formed a single principal campaign
committee for each office sought. A candidate may not authorize, designate, or cause to be
formed any other political committee bearing the candidate's name or title or otherwise
operating under the direct or indirect control of the candidate. However, a candidate may
be involved in the direct or indirect control of a party unit.
Sec. 20.
Minnesota Statutes 2012, section 10A.12, subdivision 1, is amended to read:
Subdivision 1.
When requirednew text begin for contributions and approved expendituresnew text end .
An
association other than a political committee or party unit may not contribute more than
deleted text begin $100deleted text end new text begin $750new text end in aggregate in any deleted text begin onedeleted text end new text begin calendarnew text end year to candidates, political committees, or
party units or make deleted text begin anydeleted text end approved deleted text begin or independent expenditure or expenditure to promote
or defeat a ballot questiondeleted text end new text begin expenditures of more than $750 in aggregate in any calendar
yearnew text end unless the contribution or expenditure is made deleted text begin fromdeleted text end new text begin throughnew text end a political fund.
Sec. 21.
Minnesota Statutes 2012, section 10A.12, subdivision 1a, is amended to read:
Subd. 1a.
When required for independent expendituresnew text begin or ballot questionsnew text end .
An
association other than a political committee that makes only independent expenditures
deleted text begin and disbursements permitted under section 10A.121, subdivision 1,deleted text end new text begin or expenditures to
promote or defeat a ballot questionnew text end must do so deleted text begin by forming and registeringdeleted text end new text begin throughnew text end an
independent expenditurenew text begin or ballot questionnew text end political fund if the deleted text begin expenditure is in excess of
$100deleted text end new text begin independent expenditures aggregate more than $1,500 in a calendar year or if the
expenditures to promote or defeat a ballot question aggregate more than $5,000 in a
calendar year, new text end or by contributing to an existing independent expenditurenew text begin or ballot question
new text end political committee or deleted text begin politicaldeleted text end fund.
Sec. 22.
Minnesota Statutes 2012, section 10A.12, subdivision 2, is amended to read:
Subd. 2.
Commingling prohibited.
The contents of deleted text begin adeleted text end new text begin an association'snew text end political
fund may not be commingled with other funds or with the personal funds of an officer or
member of thenew text begin association or thenew text end fund.new text begin It is not commingling for an association that uses
only its own general treasury money to make expenditures and disbursements permitted
under section 10A.121, subdivision 1, directly from the depository used for its general
treasury money. An association that accepts more than $1,500 in contributions to influence
the nomination or election of candidates or more than $5,000 in contributions to promote
or defeat a ballot question must establish a separate depository for those contributions.
new text end
Sec. 23.
Minnesota Statutes 2012, section 10A.121, is amended to read:
10A.121 INDEPENDENT EXPENDITURE new text begin AND BALLOT QUESTION
new text end POLITICAL COMMITTEES AND deleted text begin INDEPENDENT EXPENDITURE POLITICAL
deleted text end FUNDS.
Subdivision 1.
Permitted disbursements.
An independent expenditure political
committee or deleted text begin an independent expenditure politicaldeleted text end new text begin fund, or a ballot question political
committee or new text end fund, deleted text begin in addition to making independent expenditures,deleted text end may:
(1) pay costs associated with its fund-raising and general operations;
(2) pay for communications that do not constitute contributions or approved
expenditures; deleted text begin and
deleted text end
(3) make contributions to deleted text begin otherdeleted text end independent expenditure new text begin or ballot question new text end political
committees or deleted text begin independent expenditure politicaldeleted text end fundsnew text begin ;
new text end
new text begin
(4) make independent expenditures;
new text end
new text begin
(5) make expenditures to promote or defeat ballot questions;
new text end
new text begin
(6) return a contribution to its source;
new text end
new text begin
(7) for a political fund, record bookkeeping entries transferring the association's
general treasury money allocated for political purposes back to the general treasury of
the association; and
new text end
new text begin (8) for a political fund, return general treasury money transferred to a separate
depository to the general depository of the associationnew text end .
Subd. 2.
Penalty.
(a) An independent expenditure political committee or
independent expenditure political fund is subject to a civil penalty of up to four times the
amount of the contribution or approved expenditure if it does the following:
(1) makes a contribution to a candidate, party unit, political committee, or political
fund other than an independent expenditure political committee or an independent
expenditure political fund; or
(2) makes an approved expenditure.
(b) No other penalty provided in law may be imposed for conduct that is subject to a
civil penalty under this section.
Sec. 24.
Minnesota Statutes 2012, section 10A.14, subdivision 1, is amended to read:
Subdivision 1.
First registration.
The treasurer of a political committee, political
fund, principal campaign committee, or party unit must register with the board by filing
anew text begin registrationnew text end statement deleted text begin of organizationdeleted text end no later than 14 days after the committee, fund,
or party unit has made a contribution, received contributions, or made expenditures in
excess of deleted text begin $100deleted text end new text begin $750new text end , or by the end of the next business day after it has received a loan
or contribution that must be reported under section 10A.20, subdivision 5, whichever is
earlier.new text begin This subdivision does not apply to ballot question or independent expenditure
political committees or funds, which are subject to subdivision 1a.
new text end
Sec. 25.
Minnesota Statutes 2012, section 10A.14, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin
Independent expenditure or ballot question political committees
and funds; first registration; reporting.
new text end
new text begin
The treasurer of an independent expenditure
or ballot question political committee or fund must register with the board by filing
a registration statement:
new text end
new text begin
(1) no later than 14 calendar days after the committee or the association registering
the political fund has:
new text end
new text begin
(i) received aggregate contributions for independent expenditures of more than
$1,500 in a calendar year;
new text end
new text begin
(ii) received aggregate contributions for expenditures to promote or defeat a ballot
question of more than $5,000 in a calendar year;
new text end
new text begin
(iii) made aggregate independent expenditures of more than $1,500 in a calendar
year; or
new text end
new text begin
(iv) made aggregate expenditures to promote or defeat a ballot question of more
than $5,000 in a calendar year; or
new text end
new text begin
(2) by the end of the next business day after it has received a loan or contribution
that must be reported under section 10A.20, subdivision 5, and it has met one of the
requirements of clause (1).
new text end
Sec. 26.
Minnesota Statutes 2012, section 10A.15, subdivision 1, is amended to read:
Subdivision 1.
Anonymous contributions.
A political committee, political fund,
principal campaign committee, or party unit may not retain an anonymous contribution
in excess of $20, but must forward it to the board for deposit in the general account of
the state elections campaign deleted text begin funddeleted text end new text begin accountnew text end .
Sec. 27.
Minnesota Statutes 2012, section 10A.15, subdivision 3, is amended to read:
Subd. 3.
Deposit.
All contributions received by or on behalf of a candidate,
principal campaign committee, political committee, political fund, or party unit must
be deposited in an account designated "Campaign Fund of ..... (name of candidate,
committee, fund, or party unit)." All contributions must be deposited promptly upon
receipt and, except for contributions received during the last three days of a reporting
period as described in section 10A.20, must be deposited during the reporting period
in which they were received. A contribution received during the last three days of a
reporting period must be deposited within 72 hours after receipt and must be reported
as received during the reporting period whether or not deposited within that period. A
candidate, principal campaign committee, political committee, political fund, or party unit
may refuse to accept a contribution. A deposited contribution may be returned to the
contributor within deleted text begin 60deleted text end new text begin 90new text end days after deposit. A contribution deposited and not returned
within deleted text begin 60deleted text end new text begin 90new text end days after that deposit must be reported as accepted.
Sec. 28.
Minnesota Statutes 2012, section 10A.20, subdivision 1, is amended to read:
Subdivision 1.
First filing; duration.
The treasurer of a political committee, political
fund, principal campaign committee, or party unit must begin to file the reports required
by this section deleted text begin indeleted text end new text begin fornew text end the first year it receives contributions or makes expenditures deleted text begin in excess
of $100deleted text end new text begin that require it to register under section 10A.14new text end and must continue to file until the
committee, fund, or party unit is terminated. The reports must be filed electronically in a
standards-based open format specified by the board. For good cause shown, the board
must grant exemptions to the requirement that reports be filed electronically.
Sec. 29.
Minnesota Statutes 2012, section 10A.20, subdivision 2, is amended to read:
Subd. 2.
Time for filing.
(a) The reports must be filed with the board on or before
January 31 of each year and additional reports must be filed as required and in accordance
with paragraphs (b) to (d).
(b) In each year in which the name of deleted text begin thedeleted text end new text begin anew text end candidatenew text begin for legislative or district court
judicial officenew text end is on the ballot, the report of the principal campaign committee must be
filed 15 days before a primary and ten days before a general election, seven days before a
special primary and a special election, and ten days after a special election cycle.
(c) In each general election year, a political committee deleted text begin ordeleted text end new text begin , anew text end political fund deleted text begin must file
reports 28 and 15 days before a primary and 42 and ten days before a general election.
Beginning in 2012, reports required under this paragraph must also be filed 56 days before
a primary.deleted text end new text begin , a state party committee, a party unit established by all or a part of the party
organization within a house of the legislature, and the principal campaign committee
of a candidate for constitutional or appellate court judicial office must file reports on
the following schedule:
new text end
new text begin
(1) a first-quarter report covering the calendar year through March 31, which is
due April 14;
new text end
new text begin
(2) in a year in which a primary election is held in August, a report covering the
calendar year through May 31, which is due June 14;
new text end
new text begin
(3) in a year in which a primary election is held before August, a pre-general-election
report covering the calendar year through July 15, which is due July 29;
new text end
new text begin
(4) a pre-primary-election report due 15 days before a primary election;
new text end
new text begin
(5) a pre-general-election report due 42 days before the general election;
new text end
new text begin
(6) a pre-general-election report due ten days before a general election; and
new text end
new text begin
(7) for a special election, a constitutional office candidate whose name is on the
ballot must file reports seven days before a special primary and a special election, and ten
days after a special election cycle.
new text end
(d) In each general election year, a party unitnew text begin not included in paragraph (c)new text end must file
reports 15 days before a primarynew text begin electionnew text end and ten days before a general election.
new text begin
(e) Notwithstanding paragraphs (a) to (d), the principal campaign committee of a
candidate whose name will not be on the general election ballot is not required to file the
report due ten days before a general election or seven days before a special election.
new text end
Sec. 30.
Minnesota Statutes 2012, section 10A.20, subdivision 3, is amended to read:
Subd. 3.
Contents of report.
new text begin
(a) The report required by this section must include
each of the items listed in paragraphs (b) to (o) that are applicable to the filer. The board
shall prescribe forms based on filer type indicating which of those items must be included
on the filer's report.
new text end
deleted text begin (a)deleted text end new text begin (b)new text end The report must disclose the amount of liquid assets on hand at the beginning
of the reporting period.
deleted text begin (b)deleted text end new text begin (c)new text end The report must disclose the name, address, and employer, or occupation if
self-employed, of each individual or association that has made one or more contributions
to the reporting entity, including the purchase of tickets for a fund-raising effort, that in
aggregate within the year exceed deleted text begin $100deleted text end new text begin $200new text end for legislative or statewide candidates or new text begin more
than $500 fornew text end ballot questions, together with the amount and date of each contribution, and
the aggregate amount of contributions within the year from each source so disclosed. A
donation in kind must be disclosed at its fair market value. An approved expenditure must
be listed as a donation in kind. A donation in kind is considered consumed in the reporting
period in which it is received. The names of contributors must be listed in alphabetical
order. Contributions from the same contributor must be listed under the same name. When
a contribution received from a contributor in a reporting period is added to previously
reported unitemized contributions from the same contributor and the aggregate exceeds
the disclosure threshold of this paragraph, the name, address, and employer, or occupation
if self-employed, of the contributor must then be listed on the report.
deleted text begin (c)deleted text end new text begin (d) new text end The report must disclose the sum of contributions to the reporting entity
during the reporting period.
deleted text begin (d)deleted text end new text begin (e) new text end The report must disclose each loan made or received by the reporting entity
within the year in aggregate in excess of deleted text begin $100deleted text end new text begin $200new text end , continuously reported until repaid or
forgiven, together with the name, address, occupation, and principal place of business,
if any, of the lender and any endorser and the date and amount of the loan. If a loan
made to the principal campaign committee of a candidate is forgiven or is repaid by an
entity other than that principal campaign committee, it must be reported as a contribution
for the year in which the loan was made.
deleted text begin (e)deleted text end new text begin (f) new text end The report must disclose each receipt over deleted text begin $100deleted text end new text begin $200new text end during the reporting
period not otherwise listed under paragraphs deleted text begin (b)deleted text end new text begin (c)new text end to deleted text begin (d)deleted text end new text begin (e)new text end .
deleted text begin (f)deleted text end new text begin (g) new text end The report must disclose the sum of all receipts of the reporting entity during
the reporting period.
deleted text begin (g)deleted text end new text begin (h) new text end The report must disclose the name and address of each individual or
association to whom aggregate expenditures, deleted text begin includingdeleted text end approved expenditures,
new text begin independent expenditures and ballot question expenditures new text end have been made by or on
behalf of the reporting entity within the year in excess of deleted text begin $100deleted text end new text begin $200new text end , together with the
amount, date, and purpose of each expenditure and the name and address of, and office
sought by, each candidate on whose behalf the expenditure was made, identification of the
ballot question that the expenditure was intended to promote or defeatnew text begin and an indication of
whether the expenditure was to promote or to defeat the ballot questionnew text end , and in the case
of independent expenditures made in opposition to a candidate, the candidate's name,
address, and office sought. A reporting entity making an expenditure on behalf of more
than one candidate for state or legislative office must allocate the expenditure among the
candidates on a reasonable cost basis and report the allocation for each candidate.
deleted text begin (h)deleted text end new text begin (i) new text end The report must disclose the sum of all expenditures made by or on behalf of
the reporting entity during the reporting period.
deleted text begin (i)deleted text end new text begin (j) new text end The report must disclose the amount and nature of an advance of credit
incurred by the reporting entity, continuously reported until paid or forgiven. If an advance
of credit incurred by the principal campaign committee of a candidate is forgiven by the
creditor or paid by an entity other than that principal campaign committee, it must be
reported as a donation in kind for the year in which the advance of credit was made.
deleted text begin (j)deleted text end new text begin (k) new text end The report must disclose the name and address of each political committee,
political fund, principal campaign committee, or party unit to which contributions have
been made that aggregate in excess of deleted text begin $100deleted text end new text begin $200new text end within the year and the amount and
date of each contribution.
deleted text begin (k)deleted text end new text begin (l) new text end The report must disclose the sum of all contributions made by the reporting
entity during the reporting period.
deleted text begin (l)deleted text end new text begin (m) new text end The report must disclose the name and address of each individual or
association to whom noncampaign disbursements have been made that aggregate in excess
of deleted text begin $100deleted text end new text begin $200new text end within the year by or on behalf of the reporting entity and the amount, date,
and purpose of each noncampaign disbursement.
deleted text begin (m)deleted text end new text begin (n) new text end The report must disclose the sum of all noncampaign disbursements made
within the year by or on behalf of the reporting entity.
deleted text begin (n)deleted text end new text begin (o) new text end The report must disclose the name and address of a nonprofit corporation that
provides administrative assistance to a political committee or political fund as authorized
by section 211B.15, subdivision 17, the type of administrative assistance provided, and the
aggregate fair market value of each type of assistance provided to the political committee
or political fund during the reporting period.
Sec. 31.
Minnesota Statutes 2012, section 10A.20, subdivision 5, is amended to read:
Subd. 5.
deleted text begin Preelectiondeleted text end new text begin Pre-electionnew text end reports.
new text begin (a) new text end Any loan, contribution, or
contributionsnew text begin :
new text end
new text begin (1)new text end to a political committee or political fund from any one source totalingnew text begin more than
new text end $1,000 deleted text begin or more, or in a statewide election fordeleted text end new text begin ;
new text end
new text begin (2) to the principal campaign committee of a candidate for an appellate courtnew text end judicial
officedeleted text begin , any loan, contribution, or contributions from any one sourcedeleted text end totalingnew text begin more than
new text end $2,000 deleted text begin or more, or in any judicialdeleted text end new text begin ;
new text end
new text begin (3) to the principal campaign committee of a candidate fornew text end districtnew text begin court judge
new text end totalingnew text begin more thannew text end $400 deleted text begin or more, and any loan, contribution, or contributionsdeleted text end new text begin ; or
new text end
new text begin (4)new text end tonew text begin the principal campaign committee ofnew text end a candidate for constitutional office or
for the legislature deleted text begin from any one sourcedeleted text end totaling deleted text begin 80deleted text end new text begin more than 50new text end percent deleted text begin or moredeleted text end of the
new text begin election cyclenew text end contribution limit for the office, received between the last day covered in
the last report before an election and the election must be reported to the board deleted text begin in one of
the following ways:deleted text end new text begin in the manner provided in paragraph (b).
new text end
new text begin
(b) A loan, contribution, or contributions required to be reported to the board under
paragraph (a) must be reported to the board either:
new text end
(1) in person by the end of the next business day after its receipt; or
(2) by electronic means sent within 24 hours after its receipt.
new text begin (c) new text end These loans and contributions must also be reported in the next required report.
new text begin (d) new text end This notice requirement does not apply deleted text begin with respect todeleted text end new text begin innew text end a primary deleted text begin in which
the statewide or legislativedeleted text end new text begin election to anew text end candidatenew text begin whonew text end is unopposednew text begin in the primary, in a
primary election to a ballot question political committee or fund, or in a general election to
a candidate whose name is not on the general election ballotnew text end . The board must post the
report on its Web site by the end of the next business day after it is received.
new text begin
(e) This subdivision does not apply to a ballot question or independent expenditure
political committee or fund that has not met the registration threshold of section 10A.14,
subdivision 1a. However, if a contribution that would be subject to this section triggers the
registration requirement in section 10A.14, subdivision 1a, then both registration under
that section and reporting under this section are required.
new text end
Sec. 32.
Minnesota Statutes 2012, section 10A.20, subdivision 6, is amended to read:
Subd. 6.
Report when no committee.
new text begin (a) new text end A candidate who does not designate
and cause to be formed a principal campaign committee and deleted text begin an individualdeleted text end who makes
deleted text begin independent expenditures ordeleted text end new text begin campaignnew text end expenditures deleted text begin expressly advocating the approval or
defeat of a ballot questiondeleted text end in aggregate in excess of deleted text begin $100deleted text end new text begin $750new text end in a year must file with
the board a report containing the information required by subdivision 3. Reports required
by this subdivision must be filed deleted text begin ondeleted text end new text begin bynew text end the dates on which reports bynew text begin principal campaign
new text end committeesdeleted text begin , funds, and party units aredeleted text end new text begin must benew text end filed.
new text begin
(b) An individual who makes independent expenditures that aggregate more than
$1,500 in a calendar year or expenditures to promote or defeat a ballot question that
aggregate more than $5,000 in a calendar year must file with the board a report containing
the information required by subdivision 3. A report required by this subdivision must be
filed by the date on which the next report by political committees and political funds
must be filed.
new text end
Sec. 33.
Minnesota Statutes 2012, section 10A.20, subdivision 7, is amended to read:
Subd. 7.
Statement of inactivity.
If a deleted text begin reporting entitydeleted text end new text begin principal campaign
committee, party unit, or political committee,new text end has no receipts or expenditures during a
reporting period, the treasurer must file with the board at the time required by this section
a statement to that effect.
Sec. 34.
Minnesota Statutes 2012, section 10A.20, is amended by adding a subdivision
to read:
new text begin Subd. 7a. new text end
new text begin Activity of political fund. new text end
new text begin
An association is not required to file any
statement or report for a reporting period when the association accepted no contributions
into the association's political fund and made no expenditures from its political fund since
the last date included in its most recent filed report. If the association maintains a separate
checking account for its political fund, the receipt of interest on the proceeds of that
account and the payment of fees to maintain that account do not constitute activity that
requires the filing of a report for an otherwise inactive political fund.
new text end
Sec. 35.
Minnesota Statutes 2012, section 10A.241, is amended to read:
10A.241 TRANSFER OF DEBTS.
deleted text begin Notwithstanding section 10A.24,deleted text end A candidate may terminate the candidate's
principal campaign committee for one state office by transferring any debts of that
committee to the candidate's principal campaign committee for another state office if
all outstanding unpaid bills or loans from the committee being terminated are assumed
and continuously reported by the committee to which the transfer is being made until
paid or forgiven. A loan that is forgiven is covered by section 10A.20 anddeleted text begin , for purposes
of section 10A.324,deleted text end is a contribution to the principal campaign committee from which
the debt was transferred under this section.
Sec. 36.
new text begin
[10A.243] TERMINATION OF REGISTRATION.
new text end
new text begin Subdivision 1. new text end
new text begin Termination report. new text end
new text begin
A political committee, political fund, principal
campaign committee, or party unit may terminate its registration with the board after it
has disposed of all its assets in excess of $100 by filing a final report of receipts and
expenditures. The final report must be identified as a termination report and must include
all financial transactions that occurred after the last date included on the most recent
report filed with the board. The termination report may be filed at any time after the
asset threshold in this section is reached.
new text end
new text begin Subd. 2. new text end
new text begin Asset disposition. new text end
new text begin
"Assets" include credit balances at vendors, prepaid
postage and postage stamps, as well as physical assets. Assets must be disposed of at their
fair market value. Assets of a political fund that consist of, or were acquired using, only
the general treasury money of the fund's supporting association remain the property of the
association upon termination of the association's political fund registration and are not
subject to the disposal requirements of this section.
new text end
Sec. 37.
new text begin
[10A.244] VOLUNTARY INACTIVE STATUS; POLITICAL FUNDS.
new text end
new text begin Subdivision 1. new text end
new text begin Election of voluntary inactive status. new text end
new text begin
An association that has a
political fund registered under this chapter may elect to have the fund placed on voluntary
inactive status if the following conditions are met:
new text end
new text begin
(1) the association makes a written request for inactive status;
new text end
new text begin
(2) the association has filed all periodic reports required by this chapter and
has received no contributions into its political fund and made no expenditures or
disbursements through its political fund since the last date included on the association's
most recent report; and
new text end
new text begin
(3) the association has satisfied all obligations to the state for late filing fees and civil
penalties imposed by the board or the board has waived this requirement.
new text end
new text begin Subd. 2. new text end
new text begin Effect of voluntary inactive status. new text end
new text begin
After an association has complied
with the requirements of subdivision 1:
new text end
new text begin
(1) the board must notify the association that its political fund has been placed in
voluntary inactive status and of the terms of this section;
new text end
new text begin
(2) the board must stop sending the association reports, forms, and notices of report
due dates that are periodically sent to entities registered with the board;
new text end
new text begin
(3) the association is not required to file periodic disclosure reports for its political
fund as otherwise required under this chapter;
new text end
new text begin
(4) the association may not accept contributions into its political fund and may not
make expenditures, contributions, or disbursements through its political fund; and
new text end
new text begin
(5) if the association maintains a separate depository account for its political fund,
it may continue to pay bank service charges and receive interest paid on that account
while its political fund is in inactive status.
new text end
new text begin Subd. 3. new text end
new text begin Resumption of active status or termination. new text end
new text begin
(a) An association that
has placed its political fund in voluntary inactive status may resume active status upon
written notice to the board.
new text end
new text begin
(b) A political fund placed in voluntary inactive status must resume active status
within 14 days of the date that it has accepted contributions or made expenditures,
contributions, or disbursements that aggregate more than $750 since the political fund was
placed on inactive status. If, after meeting this threshold, the association does not notify
the board that its fund has resumed active status, the board may place the association's
political fund in active status and notify the association of the change in status.
new text end
new text begin
(c) An association that has placed its political fund in voluntary inactive status may
terminate the registration of the fund without returning it to active status.
new text end
new text begin Subd. 4. new text end
new text begin Penalty for financial activity while in voluntary inactive status. new text end
new text begin
If an
association fails to notify the board of its political fund's resumption of active status under
subdivision 3, the board may impose a civil penalty of $50 per day, not to exceed $1,000
commencing on the 15th calendar day after the fund resumed active status.
new text end
Sec. 38.
new text begin
[10A.245] ADMINISTRATIVE TERMINATION OF INACTIVE
COMMITTEES AND FUNDS.
new text end
new text begin Subdivision 1. new text end
new text begin Inactivity defined. new text end
new text begin
(a) A principal campaign committee becomes
inactive on the later of the following dates:
new text end
new text begin
(1) six years after the last election in which the individual for whom the committee
exists was a candidate for the office sought or held at the time the principal campaign
committee registered with the board; or
new text end
new text begin
(2) six years after the last day on which the individual for whom the committee
exists served in an elective office subject to this chapter.
new text end
new text begin
(b) A political committee, political fund, or party unit becomes inactive when
four years have elapsed since the end of a reporting period during which the political
committee, political fund, or party unit made an expenditure or disbursement requiring
itemized disclosure under this chapter.
new text end
new text begin
(c) A political fund that has elected voluntary inactive status under section 10A.244
becomes inactive within the meaning of this section when four years have elapsed during
which the political fund was continuously in voluntary inactive status.
new text end
new text begin Subd. 2. new text end
new text begin Termination by board. new text end
new text begin
The board may terminate the registration of a
principal campaign committee, party unit, political committee, or political fund found to be
inactive under this section 60 days after sending written notice of inactivity by certified mail
to the affected association at the last address on record with the board for that association.
Within 60 days after the board sends notice under this section, the affected association must
dispose of its assets as provided in this subdivision. The assets of the principal campaign
committee, party unit, or political committee must be used for the purposes authorized by
this chapter or section 211B.12 or must be liquidated and deposited in the general account
of the state elections campaign account. The assets of an association's political fund that
were derived from the association's general treasury money revert to the association's
general treasury. Assets of a political fund that resulted from contributions to the political
fund must be used for the purposes authorized by this chapter or section 211B.12 or must
be liquidated and deposited in the general account of the state elections campaign account.
new text end
Sec. 39.
new text begin
[10A.246] UNPAID DEBT UPON TERMINATION.
new text end
new text begin
Termination of a registration with the board does not affect the liability, if any, of the
association or its candidates, officers, or other individuals for obligations incurred in the
name of the association or its political fund.
new text end
Sec. 40.
Minnesota Statutes 2012, section 10A.25, subdivision 2, is amended to read:
Subd. 2.
Amounts.
(a) In a deleted text begin year in which an election is held for an office sought by a
candidatedeleted text end new text begin segment of an election cyclenew text end , the principal campaign committee of the candidate
must not make campaign expenditures nor permit approved expenditures to be made on
behalf of the candidate that result in aggregate expenditures in excess of the following:
(1) for governor and lieutenant governor, running together, deleted text begin $2,577,200deleted text end new text begin $3,500,000
in the election segment and $1,500,000 in the nonelection segmentnew text end ;
(2) for attorney general, deleted text begin $429,600deleted text end new text begin $600,000 in the election segment and $200,000 in
the nonelection segmentnew text end ;
(3) for secretary of state and state auditor, separately, deleted text begin $214,800deleted text end new text begin $400,000 in the
election segment and $100,000 in the nonelection segmentnew text end ;
(4) for state senator, deleted text begin $68,100deleted text end new text begin $90,000 in the election segment and $30,000 in
a non-election segmentnew text end ;
(5) for state representative, deleted text begin $34,300deleted text end new text begin $60,000 in the election segmentnew text end .
(b) In addition to the amount in paragraph (a), clause (1), a candidate for
endorsement for the office of lieutenant governor at the convention of a political party
may make campaign expenditures and approved expenditures of five percent of that
amount to seek endorsement.
(c) If a special election cycle occurs during a general election cycle, expenditures by
or on behalf of a candidate in the special election do not count as expenditures by or on
behalf of the candidate in the general election.
(d) The expenditure limits in this subdivision for an office are increased by ten
percent for a candidate who deleted text begin is running for thatdeleted text end new text begin has not previously held the same new text end office
deleted text begin for the first timedeleted text end new text begin , whose name has not previously been on the primary or general election
ballot for that office,new text end and who has not new text begin in the past ten years raised or spent more than $750
in a new text end run deleted text begin previously deleted text end for any other office whose territory now includes a population that
is more than one-third of the population in the territory of the new officenew text begin . In the case of
a legislative candidate, the office is that of a member of the house of representatives or
senate without regard to any specific districtnew text end .
Sec. 41.
Minnesota Statutes 2012, section 10A.25, subdivision 2a, is amended to read:
Subd. 2a.
Aggregated expenditures.
If a candidate makes expenditures from more
than one principal campaign committee for nomination or election to statewide office in
the same new text begin segment of an new text end election deleted text begin yeardeleted text end new text begin cyclenew text end , the amount of expenditures from all of the
candidate's principal campaign committees for statewide office for that new text begin segment of the
new text end election deleted text begin yeardeleted text end new text begin cyclenew text end must be aggregated for purposes of applying the limits on expenditures
under subdivision 2.
Sec. 42.
Minnesota Statutes 2012, section 10A.25, subdivision 3, is amended to read:
Subd. 3.
Governor and lieutenant governor a single candidate.
For the purposes
of deleted text begin sections 10A.11 to 10A.34deleted text end new text begin this chapternew text end , a candidate for governor and a candidate
for lieutenant governor, running together, are considered a single candidate. Except
as provided in subdivision 2, paragraph (b), all expenditures made by or all approved
expenditures made on behalf of the candidate for lieutenant governor are considered to be
expenditures by or approved expenditures on behalf of the candidate for governor.
Sec. 43.
Minnesota Statutes 2012, section 10A.257, subdivision 1, is amended to read:
Subdivision 1.
Unused funds.
After all campaign expenditures and noncampaign
disbursements for an election cycle have been made, an amount up to deleted text begin 50deleted text end new text begin 25 new text end percent of the
election deleted text begin yeardeleted text end new text begin cyclenew text end expenditure limit for the office may be carried forward. Any remaining
amount up to the total amount of the public subsidy from the state elections campaign fund
must be returned to the state treasury for credit to the general fund under section 10A.324.
Any remaining amount in excess of the total public subsidy must be contributed to the
state elections campaign deleted text begin funddeleted text end new text begin accountnew text end or a political party for multicandidate expenditures
as defined in section 10A.275.
Sec. 44.
Minnesota Statutes 2012, section 10A.27, subdivision 1, is amended to read:
Subdivision 1.
Contribution limits.
(a) Except as provided in subdivision 2,
a candidate must not permit the candidate's principal campaign committee to accept
aggregate contributions made or delivered by any individual, political committee, deleted text begin or
deleted text end political fundnew text begin , or association not registered with the boardnew text end in excess of the following:
(1) to candidates for governor and lieutenant governor running together, deleted text begin $2,000
deleted text end new text begin $4,000new text end in new text begin the election segment of new text end an election deleted text begin yeardeleted text end new text begin cycle new text end for the office sought and deleted text begin $500
deleted text end new text begin $2,000 new text end in deleted text begin other yearsdeleted text end new text begin the nonelection segment of the election cyclenew text end ;
(2) to a candidate for attorney general, deleted text begin secretary of state, or state auditor, $1,000
deleted text end new text begin $2,500 new text end in new text begin the election segment of new text end an election deleted text begin yeardeleted text end new text begin cycle new text end for the office sought and deleted text begin $200
deleted text end new text begin $1,500 new text end in deleted text begin other yearsdeleted text end new text begin the nonelection segment of the election cyclenew text end ;
new text begin
(3) to a candidate for secretary of state or state auditor, $2,000 in the election
segment of an election cycle and $1,000 in the nonelection segment of the election cycle;
new text end
deleted text begin (3)deleted text end new text begin (4) new text end to a candidate for state senator, deleted text begin $500deleted text end new text begin $1,000 new text end in new text begin the election segment of new text end an
election deleted text begin yeardeleted text end new text begin cycle new text end for the office sought and deleted text begin $100deleted text end new text begin $1,000 new text end in deleted text begin other yearsdeleted text end new text begin a nonelection
segment of the election cyclenew text end ;
deleted text begin (4)deleted text end new text begin (5) new text end to a candidate for state representative, deleted text begin $500deleted text end new text begin $1,000 new text end in new text begin the election segment of
new text end an election deleted text begin yeardeleted text end new text begin cycle new text end for the office soughtdeleted text begin and $100 in the other yeardeleted text end ; and
deleted text begin (5)deleted text end new text begin (6) new text end to a candidate for judicial office, deleted text begin $2,000deleted text end new text begin $2,500 new text end in new text begin the election segment of
new text end an election deleted text begin yeardeleted text end new text begin cycle new text end for the office sought and deleted text begin $500deleted text end new text begin $1,000 new text end in deleted text begin other yearsdeleted text end new text begin a nonelection
segment of the election cyclenew text end .
(b) The following deliveries are not subject to the bundling limitation in this
subdivision:
(1) delivery of contributions collected by a member of the candidate's principal
campaign committee, such as a block worker or a volunteer who hosts a fund-raising
event, to the committee's treasurer; and
(2) a delivery made by an individual on behalf of the individual's spouse.
(c) A lobbyist, political committee, political party unit, deleted text begin ordeleted text end new text begin an association that has a
new text end political fundnew text begin , or an association not registered with the boardnew text end must not make a contribution
a candidate is prohibited from accepting.
Sec. 45.
Minnesota Statutes 2012, section 10A.27, subdivision 10, is amended to read:
Subd. 10.
Limited personal contributions.
A candidate who deleted text begin accepts a public
subsidydeleted text end new text begin signs an agreement under section 10A.322 new text end may not contribute to the candidate's
own campaign during a deleted text begin yeardeleted text end new text begin segment of an election cycle new text end more than deleted text begin tendeleted text end new text begin five new text end times the
candidate's deleted text begin election yeardeleted text end contribution limit new text begin for that segment new text end under subdivision 1.
Sec. 46.
Minnesota Statutes 2012, section 10A.27, subdivision 11, is amended to read:
Subd. 11.
Contributions from certain types of contributors.
A candidate must
not permit the candidate's principal campaign committee to accept a contribution from
a political committee, political fund, lobbyist, deleted text begin ordeleted text end large contributor, new text begin or association not
registered with the board new text end if the contribution will cause the aggregate contributions from
those types of contributors new text begin during an election cycle segmentnew text end to exceed an amount equal
to 20 percent of the new text begin election cycle segmentnew text end expenditure limits for the office sought by
the candidate, provided that the 20 percent limit must be rounded to the nearest $100.
For purposes of this subdivision, "large contributor" means an individual, other than the
candidate, who contributes an amount that is deleted text begin more than $100 anddeleted text end more than one-half the
amount an individual may contribute new text begin during the election cycle segmentnew text end .
Sec. 47.
Minnesota Statutes 2012, section 10A.27, subdivision 13, is amended to read:
Subd. 13.
Unregistered association limit; statement; penalty.
(a) The treasurer of
a political committee, political fund, principal campaign committee, or party unit must not
accept a contribution of more than deleted text begin $100deleted text end new text begin $200new text end from an association not registered under
this chapter unless the contribution is accompanied by a written statement that meets the
disclosure and reporting period requirements imposed by section 10A.20. This statement
must be certified as true and correct by an officer of the contributing association. The
committee, fund, or party unit that accepts the contribution must include a copy of the
statement with the report that discloses the contribution to the board. deleted text begin This subdivision
does not apply when a national political party contributes money to its affiliate in this state.
deleted text end
(b) An unregistered association may provide the written statement required by this
subdivision to no more than three committees, funds, or party units in a calendar year. Each
statement must cover at least the 30 days immediately preceding and including the date on
which the contribution was made. An unregistered association or an officer of it is subject
to a civil penalty imposed by the board of up to $1,000, if the association or its officer:
(1) fails to provide a written statement as required by this subdivision; or
(2) fails to register after giving the written statement required by this subdivision to
more than three committees, funds, or party units in a calendar year.
(c) The treasurer of a political committee, political fund, principal campaign
committee, or party unit who accepts a contribution in excess of deleted text begin $100deleted text end new text begin $200new text end from an
unregistered association without the required written disclosure statement is subject to a
civil penalty up to four times the amount in excess of deleted text begin $100deleted text end new text begin $200new text end .
new text begin
(d) This subdivision does not apply:
new text end
new text begin
(1) when a national political party contributes money to its state committee; or
new text end
new text begin
(2) to purchases by candidates for federal office of tickets to events or space rental
at events held by party units in this state (i) if the geographical area represented by the
party unit includes any part of the geographical area of the office that the federal candidate
is seeking and (ii) the purchase price is not more than that paid by other attendees or
renters of similar spaces.
new text end
Sec. 48.
Minnesota Statutes 2012, section 10A.27, subdivision 14, is amended to read:
Subd. 14.
Contributions of business revenue.
An association may, if not prohibited
by other law, contribute revenue from the operation of a business to an independent
expenditure new text begin or ballot question new text end political committee or deleted text begin an independent expenditure political
deleted text end fund without complying with subdivision 13.
Sec. 49.
Minnesota Statutes 2012, section 10A.27, subdivision 15, is amended to read:
Subd. 15.
Contributions deleted text begin of dues or contribution revenuedeleted text end new text begin or use of general
treasury moneynew text end .
(a) An association may, if not prohibited by other law, contribute deleted text begin revenue
from membership dues or fees, or from contributions received by the associationdeleted text end new text begin its general
treasury moneynew text end to an independent expenditure new text begin or ballot question new text end political committee or
deleted text begin an independent expenditure politicaldeleted text end fundnew text begin , including its own independent expenditure or
ballot question political committee or fund,new text end without complying with subdivision 13.
new text begin (b)new text end Before the day when the recipient committee or fund's next report must be
filed with the board under section 10A.20, subdivision 2 or 5, an association that has
contributed new text begin more than new text end $5,000 deleted text begin or moredeleted text end in aggregate to independent expenditure political
committees or funds during the calendar year new text begin or has contributed more than $5,000 in
aggregate to ballot question political committees or funds during the calendar year
new text end must provide in writing to the recipient's treasurer a statement that includes the name,
address, and amount attributable to each deleted text begin individual or associationdeleted text end new text begin personnew text end that paid the
association dues or fees, or made deleted text begin contributionsdeleted text end new text begin donationsnew text end to the association that, in total,
aggregate new text begin more than new text end deleted text begin $1,000 or moredeleted text end new text begin $5,000new text end of the contribution from the association to the
independent expenditure new text begin or ballot question new text end political committee or fund. The statement
must also include the total amount of the contribution deleted text begin from individuals or associations
deleted text end new text begin attributable to persons new text end not subject to itemization under this section. The statement must be
certified as true deleted text begin and correctdeleted text end by an officer of the donor association.
deleted text begin (b)deleted text end new text begin (c)new text end To determine the new text begin amount of new text end membership dues or fees, or deleted text begin contributions
deleted text end new text begin donationsnew text end made by deleted text begin an individual or association that exceed $1,000 of the contribution
made by the donor associationdeleted text end new text begin a person to an association and attributable to the
association's contributionnew text end to the independent expenditure new text begin or ballot question new text end political
committee or fund, the donor association must:
(1) apply a pro rata calculation to all unrestricted dues, fees, and contributions
received by the donor association in the calendar year; or
(2) as provided in paragraph deleted text begin (c)deleted text end new text begin (d)new text end , identify the specific individuals or associations
whose dues, fees, or contributions are included in the contribution to the independent
expenditure political committee or fund.
deleted text begin (c)deleted text end new text begin (d)new text end Dues, fees, or contributions from an individual or association must be
identified in a contribution to an independent expenditure political committee or fund
under paragraph deleted text begin (b)deleted text end new text begin (c)new text end , clause (2), if:
(1) the individual or association has specifically authorized the donor association to
use the individual's or association's dues, fees, or contributions for this purpose; or
(2) the individual's or association's dues, fees, or contributions to the donor
association are unrestricted and the donor association designates them as the source of the
subject contribution to the independent expenditure political committee or fund.
new text begin (e)new text end After a portion of deleted text begin an individual's or association's dues, fees, or contributions
to the donor association havedeleted text end new text begin the general treasury money received by an association
from a person has new text end been designated as the source of a contribution to an independent
expenditure new text begin or ballot question new text end political committee or fund, that portion of the deleted text begin individual's
or association's dues, fees, or contributions to the donor associationdeleted text end new text begin association's general
treasury money received from that personnew text end may not be designated as the source of any other
contribution to an independent expenditure new text begin or ballot question new text end political committee or fund.
deleted text begin
(d) For the purposes of this section, "donor association" means the association
contributing to an independent expenditure political committee or fund that is required to
provide a statement under paragraph (a).
deleted text end
Sec. 50.
Minnesota Statutes 2012, section 10A.323, is amended to read:
10A.323 AFFIDAVIT OF CONTRIBUTIONS.
new text begin (a) new text end In addition to the requirements of section 10A.322, to be eligible to receive a
public subsidy under section 10A.31 a candidate or the candidate's treasurer must deleted text begin file an
affidavit with the board stating thatdeleted text end new text begin :
new text end
new text begin (1)new text end between January 1 of the previous year and the cutoff date for transactions
included in the report of receipts and expenditures due before the primary election deleted text begin the
candidate has accumulateddeleted text end new text begin , accumulatenew text end contributions from deleted text begin personsdeleted text end new text begin individualsnew text end eligible to
vote in this state in at least the amount indicated for the office sought, counting only the
first $50 received from each contributornew text begin , excluding in-kind contributionsnew text end :
deleted text begin (1)deleted text end new text begin (i)new text end candidates for governor and lieutenant governor running together, $35,000;
deleted text begin (2)deleted text end new text begin (ii)new text end candidates for attorney general, $15,000;
deleted text begin (3)deleted text end new text begin (iii)new text end candidates for secretary of state and state auditor, separately, $6,000;
deleted text begin (4)deleted text end new text begin (iv)new text end candidates for the senate, $3,000; and
deleted text begin (5)deleted text end new text begin (v)new text end candidates for the house of representatives, $1,500deleted text begin .deleted text end new text begin ;
new text end
new text begin (2) the candidate or the candidate's treasurer must file an affidavit with the board
stating that the principal campaign committee has complied with this paragraph. new text end The
affidavit must state the total amount of contributions that have been received from deleted text begin persons
deleted text end new text begin individualsnew text end eligible to vote in this state, deleted text begin disregardingdeleted text end new text begin excluding:
new text end
new text begin (i)new text end the portion of any contribution in excess of $50deleted text begin .deleted text end new text begin ;
new text end
new text begin
(ii) any in-kind contribution; and
new text end
new text begin
(iii) any contribution for which the name and address of the contributor is not known
and recorded; and
new text end
new text begin (3) new text end the candidate or the candidate's treasurer must submit the affidavit required
by this section to the board in writing by the deadline for reporting of receipts and
expenditures before a primary under section 10A.20, subdivision 4.
new text begin (b) new text end A candidate for a vacancy to be filled at a special election for which the filing
period does not coincide with the filing period for the general election must new text begin accumulate
the contributions specified in paragraph (a) and must new text end submit the affidavit required by this
section to the board within five days after the close of the filing period for the special
election for which the candidate filed.
Sec. 51.
Minnesota Statutes 2012, section 211B.15, subdivision 6, is amended to read:
Subd. 6.
Penalty for individuals.
new text begin
(a) An officer, manager, stockholder, member,
agent, employee, attorney, or other representative of a corporation acting on behalf of the
corporation who violates this section is subject to a civil penalty of up to ten times the
amount of the violation, but in no case more than $10,000, imposed by the Campaign
Finance and Public Disclosure Board under chapter 10A or imposed by the Office of
Administrative Hearings under this chapter.
new text end
new text begin (b) Knowingly violating this section is a crime. new text end new text begin new text end An officer, manager, stockholder,
member, agent, employee, attorney, or other representative of a corporation acting in
behalf of the corporation who deleted text begin violatesdeleted text end new text begin is convicted of knowingly violating new text end this section
may be fined not more than $20,000 or be imprisoned for not more than five years, or both.
Sec. 52.
Minnesota Statutes 2012, section 211B.15, subdivision 7, is amended to read:
Subd. 7.
Penalty for corporations.
new text begin
(a) A corporation that violates this section is
subject to a civil penalty of up to ten times the amount of the violation, but in no case
more than $10,000, imposed by the Campaign Finance and Public Disclosure Board under
chapter 10A or imposed by the Office of Administrative Hearings under this chapter.
new text end
new text begin (b) Knowingly violating this section is a crime. new text end A corporation convicted of
new text begin knowingly new text end violating this section is subject to a fine not greater than $40,000. A convicted
domestic corporation may be dissolved as well as fined. If a foreign or nonresident
corporation is convicted, in addition to being fined, its right to do business in this state
may be declared forfeited.
Sec. 53.
Minnesota Statutes 2012, section 211B.15, is amended by adding a subdivision
to read:
new text begin Subd. 7b. new text end
new text begin Knowing violations. new text end
new text begin
An individual or a corporation knowingly violates
this section if, at the time of a transaction, the individual or the corporation knew:
new text end
new text begin
(1) that the transaction causing the violation constituted a contribution under chapter
10A, chapter 211A, or chapter 383B; and
new text end
new text begin
(2) that the contributor was a corporation subject to the prohibitions of subdivision 2.
new text end
Sec. 54.
Minnesota Statutes 2012, section 211B.32, subdivision 1, is amended to read:
Subdivision 1.
Administrative remedy; exhaustion.
new text begin (a) Except as provided in
paragraph (b), new text end a complaint alleging a violation of chapter 211A or 211B must be filed with
the office. The complaint must be finally disposed of by the office before the alleged
violation may be prosecuted by a county attorney.
new text begin
(b) Complaints arising under those sections and related to those individuals and
associations specified in section 10A.02, subdivision 11, paragraph (a), must be filed with
the Campaign Finance and Public Disclosure Board.
new text end
Sec. 55. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2012, sections 10A.24; 10A.242; and 10A.25, subdivision 6,
new text end
new text begin
are
repealed.
new text end
Sec. 56. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective the day following final enactment.
new text end
ARTICLE 2
PUBLIC OFFICIAL
Section 1.
Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:
Subd. 35.
Public official.
"Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
legislative analyst, or attorney in the Office of Senate Counsel and Research or House
Research;
(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;
(4) solicitor general or deputy, assistant, or special assistant attorney general;
(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;
(6) member, chief administrative officer, or deputy chief administrative officer of a
state board or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
(7) individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
(8) executive director of the State Board of Investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the Workers' Compensation Court of Appeals;
(11) administrative law judge or compensation judge in the State Office of
Administrative Hearings or unemployment law judge in the Department of Employment
and Economic Development;
(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;
(13) member or chief administrator of a metropolitan agency;
(14) director of the Division of Alcohol and Gambling Enforcement in the
Department of Public Safety;
(15) member or executive director of the Higher Education Facilities Authority;
(16) member of the board of directors or president of Enterprise Minnesota, Inc.;
(17) member of the board of directors or executive director of the Minnesota State
High School League;
(18) member of the Minnesota Ballpark Authority established in section 473.755;
(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
(20) manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13;
(21) supervisor of a soil and water conservation district;
(22) director of Explore Minnesota Tourism;
(23) citizen member of the Lessard-Sams Outdoor Heritage Council established
in section 97A.056;
(24) citizen member of the Clean Water Council established in section 114D.30; deleted text begin or
deleted text end
(25) member or chief executive of the Minnesota Sports Facilities Authority
established in section 473J.07deleted text begin .deleted text end new text begin ;
new text end
new text begin
(26) district court judge, appeals court judge, or Supreme Court justice; or
new text end
new text begin
(27) county commissioner.
new text end
Sec. 2.
Minnesota Statutes 2012, section 10A.07, is amended to read:
10A.07 CONFLICTS OF INTEREST.
Subdivision 1.
Disclosure of potential conflicts.
A public official or a local
official elected to or appointed by a metropolitan governmental unit who in the discharge
of official duties would be required to take an action or make a decision that would
substantially affect the official's financial interests or those of an associated business,
unless the effect on the official is no greater than on other members of the official's
business classification, profession, or occupation, must take the following actions:
(1) prepare a written statement describing the matter requiring action or decision and
the nature of the potential conflict of interest;
(2) deliver copies of the statement to the official's immediate superior, if any; and
(3) if a member of the legislature or of the governing body of a metropolitan
governmental unit, deliver a copy of the statement to the presiding officer of the body
of service.
If a potential conflict of interest presents itself and there is insufficient time to
comply with clauses (1) to (3), the public or local official must orally inform the superior
or the official body of service or committee of the body of the potential conflict.
Subd. 2.
Required actions.
If the official is not a member of the legislature or of the
governing body of a metropolitan governmental unit, the superior must assign the matter,
if possible, to another employee who does not have a potential conflict of interest. If there
is no immediate superior, the official must abstain, if possible, in a manner prescribed by
the board from influence over the action or decision in question. If the official is a member
of the legislature, the house of service may, at the member's request, excuse the member
from taking part in the action or decision in question. If the official is not permitted or is
otherwise unable to abstain from action in connection with the matter, the official must
file a statement describing the potential conflict and the action taken. A public official
must file the statement with the board and a local official must file the statement with the
governing body of the official's political subdivision. The statement must be filed within a
week of the action taken.
Subd. 3.
Interest in contract; local officials.
This section does not apply to a local
official with respect to a matter governed by sections 471.87 and 471.88.
new text begin Subd. 4. new text end
new text begin Exception; judges. new text end
new text begin
Notwithstanding subdivisions 1 and 2, a public official
who is a district court judge, an appeals court judge, or a Supreme Court justice is not
required to comply with the provisions of this section.
new text end
Sec. 3.
Minnesota Statutes 2012, section 10A.071, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) The definitions in this subdivision apply to this
section.
(b) "Gift" means money, real or personal property, a service, a loan, a forbearance or
forgiveness of indebtedness, or a promise of future employment, that is given and received
without the giver receiving consideration of equal or greater value in return.
(c) "Official" means a public official, an employee of the legislature, deleted text begin a judge,deleted text end or a
local official of a metropolitan governmental unit.
Sec. 4.
Minnesota Statutes 2012, section 10A.08, is amended to read:
10A.08 REPRESENTATION DISCLOSURE.
new text begin Subdivision 1. new text end
new text begin Disclosure required. new text end
A public official who represents a client for a
fee before an individual, board, commission, or agency that has rulemaking authority in a
hearing conducted under chapter 14, must disclose the official's participation in the action
to the board within 14 days after the appearance. If the public official fails to disclose the
participation within ten business days after the disclosure required by this section was due,
the board may impose a late filing fee of $5 per day, not to exceed $100, starting on the
11th day after the disclosure was due. The board must send notice by certified mail to a
public official who fails to disclose the participation within ten business days after the
disclosure was due that the public official may be subject to a civil penalty for failure to
disclose the participation. A public official who fails to disclose the participation within
seven days after the certified mail notice was sent by the board is subject to a civil penalty
imposed by the board of up to $1,000.
new text begin Subd. 2. new text end
new text begin Exception; judges. new text end
new text begin
Notwithstanding subdivision 1, a public official who is
a district court judge, an appeals court judge, or a Supreme Court justice is not required to
comply with the provisions of this section.
new text end
Sec. 5.
Minnesota Statutes 2012, section 10A.09, subdivision 6a, is amended to read:
Subd. 6a.
deleted text begin Local officialsdeleted text end new text begin Place of filingnew text end .
new text begin A public official required to file a
statement under this section must file it with the board. new text end A local official required to file a
statement under this section must file it with the governing body of the official's political
subdivision. The governing body must maintain statements filed with it under this
subdivision as public data.new text begin If an official position is defined as both a public official and as
a local official of a metropolitan governmental unit under this chapter, the official must
file the statement with the board.
new text end
Sec. 6.
Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Waivers. new text end
new text begin
Upon written request and for good cause shown, the board may
waive the requirement that an official disclose the address of real property that constitutes
a secondary residence of the official.
new text end
Sec. 7. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective January 1, 2014, and applies to public officials elected or
appointed to terms of office commencing on or after that date.
new text end
ARTICLE 3
TECHNICAL CHANGES
Section 1.
Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:
Subd. 35.
Public official.
"Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
legislative analyst, new text begin fiscal analyst, new text end or attorney in the Office of Senate Counsel deleted text begin anddeleted text end new text begin ,new text end Research
deleted text begin ordeleted text end new text begin , and Fiscal Analysis,new text end House Researchnew text begin , or the House Fiscal Analysis Departmentnew text end ;
(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;
(4) solicitor general or deputy, assistant, or special assistant attorney general;
(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;
(6) member, chief administrative officer, or deputy chief administrative officer of a
state board or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
(7) individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
(8) executive director of the State Board of Investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the Workers' Compensation Court of Appeals;
(11) administrative law judge or compensation judge in the State Office of
Administrative Hearings or unemployment law judge in the Department of Employment
and Economic Development;
(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;
(13) member or chief administrator of a metropolitan agency;
(14) director of the Division of Alcohol and Gambling Enforcement in the
Department of Public Safety;
(15) member or executive director of the Higher Education Facilities Authority;
(16) member of the board of directors or president of Enterprise Minnesota, Inc.;
(17) member of the board of directors or executive director of the Minnesota State
High School League;
(18) member of the Minnesota Ballpark Authority established in section 473.755;
(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
(20) manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13;
(21) supervisor of a soil and water conservation district;
(22) director of Explore Minnesota Tourism;
(23) citizen member of the Lessard-Sams Outdoor Heritage Council established
in section 97A.056;
(24) citizen member of the Clean Water Council established in section 114D.30; or
(25) member or chief executive of the Minnesota Sports Facilities Authority
established in section 473J.07.
Sec. 2.
Minnesota Statutes 2012, section 10A.025, subdivision 4, is amended to read:
Subd. 4.
Changes and corrections.
Material changes in information previously
submitted and corrections to a report or statement must be reported in writing to the board
within ten days following the date of the event prompting the change or the date upon
which the person filing became aware of the inaccuracy. The change or correction must
identify the form and the paragraph containing the information to be changed or corrected.
A person who willfully fails to report a material change or correction deleted text begin is guilty of a
gross misdemeanor anddeleted text end is subject to a civil penalty imposed by the board of up to $3,000.
new text begin A willful violation of this subdivision is a gross misdemeanor.
new text end
The board must send a notice by certified mail to any individual who fails to file a
report required by this subdivision. If the individual fails to file the required report within
ten business days after the notice was sent, the board may impose a late filing fee of $5 per
day up to $100 starting on the 11th day after the notice was sent. The board must send
an additional notice by certified mail to an individual who fails to file a report within 14
days after the first notice was sent by the board that the individual may be subject to a
civil penalty for failure to file a report. An individual who fails to file a report required by
this subdivision within seven days after the second notice was sent by the board is subject
to a civil penalty imposed by the board of up to $1,000.
Sec. 3.
Minnesota Statutes 2012, section 10A.04, subdivision 5, is amended to read:
Subd. 5.
Late filing.
If a lobbyist or principal fails to file a report required by
this section deleted text begin within ten business days afterdeleted text end new text begin by the datenew text end the report was due, the board may
impose a late filing fee of deleted text begin $5deleted text end new text begin $25new text end per day, not to exceed deleted text begin $100deleted text end new text begin $1,000new text end , commencing deleted text begin with
deleted text end the deleted text begin 11thdeleted text end day after the report was due. The board must send notice by certified mail to any
lobbyist or principal who fails to file a report within ten business days after the report was
due that the lobbyist or principal may be subject to a civil penalty for failure to file the
report or pay the fee. A lobbyist or principal who fails to file a report or statement or pay a
fee within seven days after the certified mail notice was sent by the board is subject to a
civil penalty imposed by the board of up to $1,000.
Sec. 4.
Minnesota Statutes 2012, section 10A.16, is amended to read:
10A.16 EARMARKING CONTRIBUTIONS PROHIBITED.
An individual, political committee, political fund, principal campaign committee, or
party unit may not solicit or accept a contribution from any source with the express or
implied condition that the contribution or any part of it be directed to a particular candidate
other than the initial recipient. An individual, political committee, political fund, principal
campaign committee, or party unit that knowingly accepts any earmarked contribution is
deleted text begin guilty of a gross misdemeanor anddeleted text end subject to a civil penalty imposed by the board of up to
$3,000.new text begin Knowingly accepting any earmarked contribution is a gross misdemeanor.
new text end
Sec. 5.
Minnesota Statutes 2012, section 10A.20, subdivision 4, is amended to read:
Subd. 4.
Period of report.
A report must cover the period from January 1 of the
reporting year to seven days before the filing date, except that the report due on January
31 must cover the period from deleted text begin the last day covered by the previous reportdeleted text end new text begin January 1new text end to
December 31new text begin of the reporting yearnew text end .
Sec. 6.
Minnesota Statutes 2012, section 10A.20, subdivision 12, is amended to read:
Subd. 12.
Failure to file; penalty.
If an individual fails to file a report required by
this section that is due January 31 deleted text begin within ten business days after the report was duedeleted text end , the
board may impose a late filing fee of $25 per day, not to exceed $1,000, commencing
the day after the report was due.
If an individual fails to file a report required by this section that is due before a
primary ornew text begin generalnew text end election deleted text begin within three days after the date due, regardless of whether the
individual has received any noticedeleted text end , the board may impose a late filing fee of $50 per day,
not to exceed $1,000, commencing on the day after the date the statement was due.
The board must send notice by certified mail to an individual who fails to file a
report within ten business days after the report was due that the individual may be subject
to a civil penalty for failure to file the report. An individual who fails to file the report
within seven days after the certified mail notice was sent by the board is subject to a civil
penalty imposed by the board of up to $1,000.
Sec. 7.
Minnesota Statutes 2012, section 10A.273, subdivision 1, is amended to read:
Subdivision 1.
Contributions during legislative session.
(a) A candidate for the
legislature or for constitutional office, the candidate's principal campaign committee, or
a political committee or party unit established by all or a part of the party organization
within a house of the legislature, must not solicit or accept a contribution from a registered
lobbyist, political committee, political fund, deleted text begin or dissolving principal campaign committee
deleted text end new text begin an association not registered with the boardnew text end , or deleted text begin fromdeleted text end a party unit established by the party
organization within a house of the legislature, during a regular session of the legislature.
(b) A registered lobbyist, political committee, political fund, deleted text begin or dissolving principal
campaign committeedeleted text end new text begin an association not registered with the boardnew text end , or a party unit established
by the party organization within a house of the legislature, must not make a contribution to a
candidate for the legislature or for constitutional office, the candidate's principal campaign
committee, or a political committee or party unit established by all or a part of the party
organization within a house of the legislature during a regular session of the legislature.
Sec. 8.
Minnesota Statutes 2012, section 10A.273, subdivision 4, is amended to read:
Subd. 4.
Civil penalty.
A candidate, political committee, party unit, political fund,
deleted text begin principal campaign committeedeleted text end new text begin an association not registered with the boardnew text end , ornew text begin anew text end registered
lobbyist that violates this section is subject to a civil penalty imposed by the board of up
to $1,000. If the board makes a public finding that there is probable cause to believe a
violation of this section has occurred, the board deleted text begin mustdeleted text end new text begin maynew text end bring an action, or transmit the
finding to a county attorney who must bring an action, in the District Court of Ramsey
County, to collect a civil penalty as imposed by the board. Penalties paid under this section
must be deposited in the general fund in the state treasury.
Sec. 9.
Minnesota Statutes 2012, section 10A.30, is amended to read:
10A.30 STATE ELECTIONS CAMPAIGN deleted text begin FUNDdeleted text end new text begin ACCOUNTnew text end .
Subdivision 1.
Establishment.
An account is established in the special revenue fund
of the state known as the "state elections campaign deleted text begin funddeleted text end new text begin accountnew text end ."
Subd. 2.
Separate account.
Within the state elections campaign deleted text begin funddeleted text end account there
must be maintained a separate political party account for the state committee and the
candidates of each political party and a general account.
new text begin Subd. 3. new text end
new text begin Special elections account. new text end
new text begin
An account is established in the special revenue
fund of the state known as the "state special elections campaign account."
new text end
Sec. 10.
Minnesota Statutes 2012, section 10A.31, subdivision 7, is amended to read:
Subd. 7.
Distribution of general account.
(a) As soon as the board has obtained
the results of the primary election from the secretary of state, but no later than one week
after certification of the primary results by the State Canvassing Board, the board must
distribute the available money in the general account, as certified by the commissioner of
revenue deleted text begin on September 1deleted text end new text begin one week before the state primarynew text end and according to allocations set
forth in subdivision 5, in equal amounts to all candidates of a major political party whose
names are to appear on the ballot in the general election and who:
(1) have signed a spending limit agreement under section 10A.322;
(2) have filed the affidavit of contributions required by section 10A.323; and
(3) were opposed in either the primary election or the general election.
(b) The public subsidy under this subdivision may not be paid in an amount that
would cause the sum of the public subsidy paid from the party account plus the public
subsidy paid from the general account to exceed 50 percent of the expenditure limit for the
candidate or 50 percent of the expenditure limit that would have applied to the candidate if
the candidate had not been freed from expenditure limits under section 10A.25, subdivision
10. Money from the general account not paid to a candidate because of the 50 percent limit
must be distributed equally among all other qualifying candidates for the same office until
all have reached the 50 percent limit or the balance in the general account is exhausted.
deleted text begin
(c) A candidate must expend or become obligated to expend at least an amount equal
to 50 percent of the money distributed by the board under this subdivision no later than the
end of the final reporting period preceding the general election. Otherwise, the candidate
must repay to the board the difference between the amount the candidate spent or became
obligated to spend by the deadline and the amount distributed to the candidate under this
subdivision. The candidate must make the repayment no later than six months following
the general election. The candidate must reimburse the board for all reasonable costs,
including litigation costs, incurred in collecting any amount due.
deleted text end
deleted text begin
If the board determines that a candidate has failed to repay money as required by this
paragraph, the board may not distribute any additional money to the candidate until the
entirety of the repayment has been made.
deleted text end
Sec. 11.
Minnesota Statutes 2012, section 10A.315, is amended to read:
10A.315 SPECIAL ELECTION SUBSIDY.
(a) Each eligible candidate for a legislative office in a special election must be
paid a public subsidy equal to the sum of:
(1) the party account money at the last general election for the candidate's party
for the office the candidate is seeking; and
(2) the general account money paid to a candidate for the same office at the last
general election.
(b) A candidate who wishes to receive this public subsidy must submit a signed
agreement under section 10A.322 to the board and must meet the contribution
requirements of section 10A.323. The special election subsidy must be distributed in the
same manner as money in the party and general accounts is distributed to legislative
candidates in a general election.
(c) The amount necessary to make the payments required by this section is
appropriated from the general fund deleted text begin to the boarddeleted text end new text begin for transfer to the state special elections
campaign account for distribution by the board as set forth in this sectionnew text end .
Sec. 12.
Minnesota Statutes 2012, section 10A.322, subdivision 4, is amended to read:
Subd. 4.
Refund receipt forms; penalty.
The board must make available to a
political party on request and to any candidate for whom an agreement under this section
is effective, a supply of official refund receipt forms that state in boldface type thatnew text begin :
new text end
(1) a contributor who is given a receipt form is eligible to claim a refund as provided
in section 290.06, subdivision 23deleted text begin ,deleted text end new text begin ;new text end and
(2) if the contribution is to a candidate, that the candidate has signed an agreement to
limit campaign expenditures as provided in this section.
The forms must provide duplicate copies of the receipt to be attached to the contributor's
claim. deleted text begin A candidate who does not sign an agreement under this section and who willfully
issuesdeleted text end new text begin The willful issuance ofnew text end an official refund receipt form or a facsimile of one to any
of the candidate's contributorsnew text begin by a candidate or treasurer of a candidate who did not sign
an agreement under this sectionnew text end is deleted text begin guilty ofdeleted text end a misdemeanor.
ARTICLE 4
CONFORMING CHANGES
Section 1.
Minnesota Statutes 2012, section 10A.242, subdivision 1, is amended to read:
Subdivision 1.
Dissolution required.
A political committee, political fund, or
principal campaign committee must be dissolved within 60 days after receiving notice
from the board that the committee or fund has become inactive. The assets of the
committee or fund must be spent for the purposes authorized by section 211B.12 and other
applicable law or liquidated and deposited in the general account of the state elections
campaign deleted text begin funddeleted text end new text begin accountnew text end within 60 days after the board notifies the committee or fund
that it has become inactive.
Sec. 2.
Minnesota Statutes 2012, section 10A.27, subdivision 9, is amended to read:
Subd. 9.
Contributions to and from other candidates.
(a) A candidate or the
treasurer of a candidate's principal campaign committee must not accept a contribution
from another candidate's principal campaign committee or from any other committee
bearing the contributing candidate's name or title or otherwise authorized by the
contributing candidate, unless the contributing candidate's principal campaign committee
is being dissolved. A candidate's principal campaign committee must not make a
contribution to another candidate's principal campaign committee, except when the
contributing committee is being dissolved.
(b) A principal campaign committee that makes a contribution to another principal
campaign committee must provide with the contribution a written statement of the
committee's intent to dissolve and terminate its registration within 12 months after the
contribution was made. If the committee fails to dissolve and terminate its registration by
that time, the board may levy a civil penalty up to four times the size of the contribution
against the contributing committee. A contribution from a terminating principal campaign
committee that is not accepted by another principal campaign committee must be forwarded
to the board for deposit in the general account of the state elections campaign deleted text begin funddeleted text end new text begin accountnew text end .
(c) A candidate's principal campaign committee must not accept a contribution from,
or make a contribution to, a committee associated with a person who seeks nomination
or election to the office of president, senator, or representative in Congress of the United
States.
(d) A candidate or the treasurer of a candidate's principal campaign committee must
not accept a contribution from a candidate for political subdivision office in any state,
unless the contribution is from the personal funds of the candidate for political subdivision
office. A candidate or the treasurer of a candidate's principal campaign committee must
not make a contribution from the principal campaign committee to a candidate for political
subdivision office in any state.
Sec. 3.
Minnesota Statutes 2012, section 10A.31, subdivision 1, is amended to read:
Subdivision 1.
Designation.
An individual resident of this state who files an income
tax return or a renter and homeowner property tax refund return with the commissioner of
revenue may designate on their original return that $5 be paid from the general fund of
the state into the state elections campaign deleted text begin funddeleted text end new text begin accountnew text end . If a husband and wife file a joint
return, each spouse may designate that $5 be paid. No individual is allowed to designate
$5 more than once in any year. The taxpayer may designate that the amount be paid into
the account of a political party or into the general account.
Sec. 4.
Minnesota Statutes 2012, section 10A.31, subdivision 4, is amended to read:
Subd. 4.
Appropriation.
(a) The amounts designated by individuals for the state
elections campaign deleted text begin funddeleted text end new text begin accountnew text end , less three percent, are appropriated from the general
fund, must be transferred and credited to the appropriate account in the state elections
campaign deleted text begin funddeleted text end new text begin accountnew text end , and are annually appropriated for distribution as set forth in
subdivisions 5, 5a, 6, and 7. The remaining three percent must be kept in the general fund
for administrative costs.
(b) In addition to the amounts in paragraph (a), $1,020,000 for each general election
is appropriated from the general fund for transfer to the general account of the state
elections campaign deleted text begin funddeleted text end new text begin accountnew text end .
Sec. 5.
Minnesota Statutes 2012, section 10A.321, subdivision 1, is amended to read:
Subdivision 1.
Calculation and certification of estimates.
The commissioner of
revenue must calculate and certify to the board one week before the first day for filing for
office in each election year an estimate of the total amount in the state general account
of the state elections campaign deleted text begin funddeleted text end new text begin accountnew text end and the amount of money each candidate
who qualifies, as provided in section 10A.31, subdivisions 6 and 7, may receive from the
candidate's party account in the state elections campaign deleted text begin funddeleted text end new text begin accountnew text end . This estimate must
be based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any
necessary vote totals provided by the secretary of state to apply the formulas in section
10A.31, subdivisions 5 and 5a, and the amount of money expected to be available after
100 percent of the tax returns have been processed.
Sec. 6.
Minnesota Statutes 2012, section 10A.324, subdivision 1, is amended to read:
Subdivision 1.
When return required.
A candidate must return all or a portion
of the public subsidy received from the state elections campaign deleted text begin funddeleted text end new text begin accountnew text end or the
public subsidy received under section 10A.315, under the circumstances in this section or
section 10A.257, subdivision 1.
To the extent that the amount of public subsidy received exceeds the aggregate of:
(1) actual expenditures made by the principal campaign committee of the candidate; and
(2) approved expenditures made on behalf of the candidate, the treasurer of the candidate's
principal campaign committee must return an amount equal to the difference to the board.
The cost of postage that was not used during an election cycle and payments that created
credit balances at vendors at the close of an election cycle are not considered expenditures
for purposes of determining the amount to be returned. Expenditures in excess of the
candidate's spending limit do not count in determining aggregate expenditures under
this paragraph.
Sec. 7.
Minnesota Statutes 2012, section 211B.37, is amended to read:
211B.37 COSTS ASSESSED.
Except as otherwise provided in section 211B.36, subdivision 3, the chief
administrative law judge shall assess the cost of considering complaints filed under section
211B.32 as provided in this section. Costs of complaints relating to a statewide ballot
question or an election for a statewide or legislative office must be assessed against the
appropriation from the general fund to the general account of the state elections campaign
deleted text begin funddeleted text end new text begin accountnew text end in section 10A.31, subdivision 4. Costs of complaints relating to any other
ballot question or elective office must be assessed against the county or counties in
which the election is held. Where the election is held in more than one county, the chief
administrative law judge shall apportion the assessment among the counties in proportion
to their respective populations within the election district to which the complaint relates
according to the most recent decennial federal census.
Sec. 8. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective the day following final enactment.
new text end