SF 863

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; providing for fair and clean
elections; increasing disclosure of campaign
contributions to candidates; encouraging candidates to
accept only clean money for their political campaigns;
limiting campaign contributions and expenditures;
increasing public subsidies for state candidates who
agree to limit the sources and amounts of
contributions to their campaigns; providing a
throwback rule for the corporate franchise tax;
appropriating money; amending Minnesota Statutes 2004,
sections 10A.01, subdivision 1; 10A.02, subdivisions
8, 10, 11, 11a, 12, 13; 10A.025, subdivisions 1, 2;
10A.071, subdivision 3; 10A.34; 10A.37; 129D.13, by
adding a subdivision; 129D.14, by adding a
subdivision; 204B.11, subdivision 1; 211A.13; 211B.12;
211B.15, subdivision 16; 290.191, subdivision 5;
340A.404, subdivision 10; 353.03, subdivision 1;
383B.042, subdivision 5; proposing coding for new law
in Minnesota Statutes, chapters 204B; 211B; proposing
coding for new law as Minnesota Statutes, chapter 10B;
repealing Minnesota Statutes 2004, sections 10A.01,
subdivisions 3, 4, 6, 7, 9, 10, 11, 12, 13, 15, 16,
17, 18, 20, 23, 25, 26, 27, 28, 29, 30, 32, 34, 36;
10A.105; 10A.11; 10A.12; 10A.13; 10A.14; 10A.15;
10A.16; 10A.17; 10A.18; 10A.20; 10A.24; 10A.241;
10A.242; 10A.25; 10A.255; 10A.257; 10A.27; 10A.273;
10A.275; 10A.28; 10A.29; 10A.30; 10A.31; 10A.315;
10A.321; 10A.322; 10A.323; 10A.324; 290.06,
subdivision 23.

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

Section 1. new text begin FAIR AND CLEAN ELECTIONS ACT.
new text end

new text begin This act may be cited as the Fair and Clean Elections Act.
new text end

Sec. 2.

Minnesota Statutes 2004, section 10A.01,
subdivision 1, is amended to read:

Subdivision 1.

Application.

For the purposes of this
chapter new text begin and chapter 10B new text end , the terms defined in this section have
the meanings given them unless the context clearly indicates
otherwise.

Sec. 3.

Minnesota Statutes 2004, section 10A.02,
subdivision 8, is amended to read:

Subd. 8.

Duties.

(a) The board must report at the close
of each fiscal year to the legislature, the governor, and the
public concerning the action it has taken, the names, salaries,
and duties of all individuals in its employ, and the money it
has disbursed. The board must include and identify in its
report any other reports it has made during the fiscal year. It
may indicate apparent abuses and offer legislative
recommendations.

(b) The board must prescribe forms for statements and
reports required to be filed under this chapter new text begin or chapter 10B
new text end and make the forms available to individuals required to file
them.

(c) The board must make available to the individuals
required to file the reports and statements a manual setting
forth the recommended uniform methods of bookkeeping and
reporting.

(d) The board must develop a filing, coding, and
cross-indexing system consistent with the purposes of this
chapter new text begin and chapter 10B new text end .

(e) The board must make the reports and statements filed
with it available for public inspection and copying by the end
of the second day following the day on which they were
received. An individual may copy a report or statement by hand
or by duplicating machine and the board must provide duplicating
services at cost for this purpose.

(f) Notwithstanding section 138.163, the board must
preserve reports and statements for a period of five years from
the date of receipt.

(g) The board must compile and maintain a current list and
summary of all statements or parts of statements pertaining to
each candidate.

(h) The board may prepare and publish reports it considers
appropriate.

Sec. 4.

Minnesota Statutes 2004, section 10A.02,
subdivision 10, is amended to read:

Subd. 10.

Audits and investigations.

The board may make
audits and investigations with respect to statements and reports
that are filed or that should have been filed under this chapter
new text begin or chapter 10B new 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. 5.

Minnesota Statutes 2004, 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 or chapter
10B 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 a public finding of
whether there is probable cause to believe a violation has
occurred, except that if the complaint alleges a violation of
section deleted text begin 10A.25 or 10A.27 deleted text end new text begin 10B.13 or 10B.17 new text end , the board must either
enter a conciliation agreement or make a public finding of
whether there is probable cause, 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.

(b) 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.

(c) 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.

Sec. 6.

Minnesota Statutes 2004, section 10A.02,
subdivision 11a, is amended to read:

Subd. 11a.

Data privacy.

new text begin (a) new text end If, after making a public
finding concerning probable cause or entering a conciliation
agreement, the board determines that the record of the
investigation contains statements, documents, or other matter
that, if disclosed, would unfairly injure the reputation of an
innocent individual, the board may:

(1) retain the statement, document, or other matter as a
private record, as defined in section 13.02, subdivision 12, for
a period of one year, after which it must be destroyed; or

(2) return the statement, document, or other matter to the
individual who supplied it to the board.

new text begin (b) When publishing reports or statements on its Web site,
the board must not publish the home street address or telephone
number of an individual.
new text end

Sec. 7.

Minnesota Statutes 2004, 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 chapter new text begin or
chapter 10B new text end based upon real or hypothetical situations. An
application for an advisory opinion may be made only by an
individual or association who wishes to use the opinion to guide
the individual's or the association's 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. 8.

Minnesota Statutes 2004, section 10A.02,
subdivision 13, is amended to read:

Subd. 13.

Rules.

Chapter 14 applies to the board. The
board may adopt rules to carry out the purposes of this
chapter new text begin or chapter 10B new text end .

Sec. 9.

Minnesota Statutes 2004, section 10A.025,
subdivision 1, is amended to read:

Subdivision 1.

Filing date.

If a scheduled filing date
under this chapter new text begin or chapter 10B new text end falls on a Saturday, Sunday,
or legal holiday, the filing date is the next regular business
day.

Sec. 10.

Minnesota Statutes 2004, 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. An individual who signs
and certifies to be true a report or statement knowing it
contains false information or who knowingly omits required
information is guilty of a gross misdemeanor and subject to a
civil penalty imposed by the board of up to $3,000.

new text begin (b) If a report of campaign contributions or expenditures
under section 10B.12 is in error, or if a person knowingly fails
to file a report of excess contributions under section 10B.12,
subdivision 7, or a notice of independent expenditures under
section 10B.12, subdivision 10, the board may impose a civil
penalty of up to ten times the amount of the error, or up to ten
times the amount that should have been reported, respectively.
new text end

new text begin (c) The board may order a candidate to return to the board
any public subsidy the candidate has received. The board must
deposit the amount returned in the state treasury and credit it
to the general fund.
new text end

new text begin (d) After making a public finding that it has probable
cause to believe a candidate has violated this subdivision, the
board must bring an action, or transmit the finding to a county
attorney who must bring an action, in the district court of
Ramsey county or, in the case of a legislative candidate, the
district court of a county within the legislative district, to
collect a civil penalty imposed by the board, to demand the
return of any public subsidy paid to the candidate, or to have
the nomination or office declared forfeited. If a candidate is
judged to have violated this subdivision, the court, after
entering the judgment, may enter a supplemental judgment
declaring that the candidate has forfeited the nomination or
office, except as provided in paragraph (e). If the court
enters the supplemental judgment, it must transmit to the filing
officer a transcript of the supplemental judgment, the
nomination or office becomes vacant, and the vacancy must be
filled as provided by law.
new text end

new text begin (e) If the candidate has been elected to the legislature,
the court, after entering the judgment that the candidate has
violated this subdivision, must transmit a transcript of the
judgment to the secretary of the senate or the chief clerk of
the house of representatives, as appropriate, for further
consideration by the house to which the candidate was elected.
new text end

Sec. 11.

Minnesota Statutes 2004, 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 deleted text begin 10A.01,
subdivision 11 deleted text end new text begin 10B.01, subdivision 10 new text end ;

(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 or similar memento recognizing individual
services in a field of specialty or to a charitable cause;

(5) a trinket or memento of insignificant value;

(6) informational material of unexceptional value; or

(7) food or a beverage given at a reception, meal, or
meeting 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 program.

(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.

Sec. 12.

Minnesota Statutes 2004, section 10A.34, is
amended to read:

10A.34 REMEDIES.

Subdivision 1.

Personal liability.

A person charged with
a duty under this chapter new text begin or chapter 10B new text end is personally liable
for the penalty for failing to discharge it.

Subd. 1a.

Recovering fees and penalties.

The board may
bring an action in the district court in Ramsey County to
recover a fee, late filing fee, or penalty imposed under this
chapter new text begin or chapter 10B new text end . Money recovered must be deposited in
the general fund of the state.

Subd. 2.

Injunction.

The board or a county attorney may
seek an injunction in the district court to enforce this chapter
new text begin or chapter 10B new text end .

Subd. 3.

Not a crime.

Unless otherwise provided, a
violation of this chapter new text begin or chapter 10B new text end is not a crime.

new text begin Subd. 4. new text end

new text begin Civil penalties. new text end

new text begin Unless otherwise provided, a
civil penalty imposed by the board under this chapter or chapter
10B may not exceed $1,000. The penalty may be collected by the
board in a civil action brought in the district court in Ramsey
county or in the county where the defendant resides.
new text end

Sec. 13.

Minnesota Statutes 2004, section 10A.37, is
amended to read:

10A.37 FREEDOM TO ASSOCIATE AND COMMUNICATE.

Nothing in this chapter new text begin or chapter 10B new text end may be construed to
abridge the right of an association to communicate with its
members.

Sec. 14.

new text begin [10B.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The definitions in this
section apply to this chapter and chapter 10A.
new text end

new text begin Subd. 2. new text end

new text begin Advance of credit. new text end

new text begin "Advance of credit" means
any money owed for goods provided or services rendered.
"Advance of credit" does not mean a loan as defined in
subdivision 17.
new text end

new text begin Subd. 3. new text end

new text begin Approved expenditure. new text end

new text begin "Approved expenditure"
means an expenditure made on behalf of a candidate by an entity
other than the principal campaign committee of the candidate if
the expenditure is made with the authorization or expressed or
implied consent of, or in cooperation or in concert with, or at
the request or suggestion of the candidate, the candidate's
principal campaign committee, or the candidate's agent. An
approved expenditure is a contribution to that candidate.
new text end

new text begin Subd. 4. new text end

new text begin Association. new text end

new text begin "Association" means a group of two
or more persons, who are not all members of an immediate family,
acting in concert.
new text end

new text begin Subd. 5. new text end

new text begin Ballot question. new text end

new text begin "Ballot question" means a
question or proposition that is placed on the ballot and that
may be voted on by all voters of the state. "Promoting or
defeating a ballot question" includes activities related to
qualifying the question for placement on the ballot.
new text end

new text begin Subd. 6. new text end

new text begin Board. new text end

new text begin "Board" means the state campaign finance
and public disclosure board.
new text end

new text begin Subd. 7. new text end

new text begin Campaign expenditure or expenditure. new text end

new text begin (a)
"Campaign expenditure" or "expenditure" means a purchase or
payment of money or anything of value, or an advance of credit,
made or incurred for the purpose of influencing the nomination
or election of a candidate or for the purpose of promoting or
defeating a ballot question.
new text end

new text begin (b) "Expenditure" includes a cost incurred to design,
produce, or disseminate a communication if the communication
contains words such as "vote for," "reelect," "(name of
candidate) for (office)," "vote against," "defeat," or another
phrase or campaign slogan that in context can have no reasonable
meaning other than to advocate support for or opposition to the
nomination or election of one or more clearly identified
candidates.
new text end

new text begin (c) "Expenditure" is presumed to include a cost incurred to
design, produce, or disseminate a communication if the
communication names or depicts one or more clearly identified
candidates; is disseminated during the 45 days before a primary
election, during the 60 days before a general election, or
during a special election cycle until election day; and the cost
exceeds the following amounts for a communication naming or
depicting a candidate for the following offices:
new text end

new text begin (1) $500 for a candidate for governor, lieutenant governor,
attorney general, secretary of state, or state auditor; or
new text end

new text begin (2) $100 for a candidate for state senator or
representative.
new text end

new text begin An individual or association presumed under this paragraph
to have made an expenditure may rebut the presumption by an
affidavit signed by the spender and filed with the board stating
that the cost was not incurred with intent to influence the
nomination, election, or defeat of any candidate, supported by
any additional evidence the spender chooses to submit. The
board may consider any additional evidence it deems relevant and
material and must determine by a preponderance of the evidence
whether the cost was incurred with intent to influence the
nomination, election, or defeat of a candidate.
new text end

new text begin (d) An expenditure is considered to be made in the year in
which the candidate made the purchase of goods or services or
incurred an obligation to pay for goods or services.
new text end

new text begin (e) An expenditure made for the purpose of defeating a
candidate is considered made for the purpose of influencing the
nomination or election of that candidate or any opponent of that
candidate.
new text end

new text begin (f) Except as provided in clause (1), "expenditure"
includes the dollar value of a donation in kind.
new text end

new text begin "Expenditure" does not include:
new text end

new text begin (1) noncampaign disbursements as defined in subdivision 20;
new text end

new text begin (2) 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;
new text end

new text begin (3) the publishing or broadcasting of news items or
editorial comments by the news media, if the news medium is not
owned by or affiliated with any candidate or principal campaign
committee; or
new text end

new text begin (4) a cost incurred for a communication by a membership
organization, including a labor organization, to its members, or
a cost incurred for a communication by a corporation to its
executive or administrative personnel.
new text end

new text begin (g) For purposes of paragraph (f), clause (4), "labor
organization" means an organization of any kind, or any agency
or employee representative committee or plan, in which employees
participate and which exists for the purpose, in whole or in
part, of dealing with employers concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or
conditions of work. A local, national, or international union,
or a local or state central body of a federation of unions, is
each considered a separate labor organization for purposes of
paragraph (f), clause (4).
new text end

new text begin (h) For purposes of paragraph (f), clause (4), "executive
or administrative personnel" means individuals employed by a
corporation who are paid on a salary rather than an hourly basis
and who have policymaking, managerial, professional, or
supervisory responsibilities.
new text end

new text begin This definition includes individuals who run the
corporation's business, such as officers, other executives, and
plant, division, and section managers; and individuals following
the recognized professions, such as lawyers and engineers.
new text end

new text begin This definition does not include:
new text end

new text begin (1) professionals who are represented by a labor
organization;
new text end

new text begin (2) salaried foremen and other salaried lower-level
supervisors having direct supervision over hourly employees;
new text end

new text begin (3) former or retired personnel; or
new text end

new text begin (4) individuals who may be paid by the corporation, such as
consultants, but who are not employees of the corporation for
the purpose of the collection of, and liability for, employee
taxes.
new text end

new text begin Individuals on commission may be considered executive or
administrative personnel if they have policymaking, managerial,
professional, or supervisory responsibility and if the
individuals are employees of the corporation for the purpose of
the collection of, and liability for, employee taxes.
new text end

new text begin The Fair Labor Standards Act, United States Code, title 29,
chapter 8, and the regulations issued under the act may serve as
a guideline in determining whether individuals have
policymaking, managerial, professional, or supervisory
responsibilities.
new text end

new text begin (i) For purposes of paragraph (f), clause (4), "membership
organization" means an unincorporated association, trade
association, cooperative, corporation without capital stock, or
a local, national, or international labor organization that:
new text end

new text begin (1) is composed of members, some or all of whom are vested
with the power and authority to operate or administer the
organization, under the organization's articles, bylaws,
constitution, or other formal organizational documents;
new text end

new text begin (2) expressly states the qualifications and requirements
for membership in its articles, bylaws, constitution, or other
formal organizational documents;
new text end

new text begin (3) makes its articles, bylaws, constitution, or other
formal organizational documents available to its members;
new text end

new text begin (4) expressly solicits persons to become members;
new text end

new text begin (5) expressly acknowledges the acceptance of membership,
such as by sending a membership card or including the member's
name on a membership newsletter list; and
new text end

new text begin (6) is not organized primarily for the purpose of
influencing the nomination for election, or election, of any
individual for elected office.
new text end

new text begin (j) For purposes of paragraph (f), clause (4), the term
"members" includes all persons who are currently satisfying the
requirements for membership in a membership organization,
affirmatively accept the membership organization's invitation to
become a member, and either:
new text end

new text begin (1) have some significant financial attachment to the
membership organization, such as a significant investment or
ownership stake;
new text end

new text begin (2) pay membership dues at least annually of a specific
amount predetermined by the organization; or
new text end

new text begin (3) have a significant organizational attachment to the
membership organization that includes affirmation of membership
on at least an annual basis and direct participatory rights in
the governance of the organization. For example, the rights
could include the right to vote directly or indirectly for at
least one individual on the membership organization's highest
governing board; the right to vote on policy questions where the
highest governing body of the membership organization is
obligated to abide by the results; the right to approve the
organization's annual budget; or the right to participate
directly in similar aspects of the organization's governance.
new text end

new text begin The board may determine, on a case-by-case basis, that
persons who do not precisely meet the definition of member but
have a relatively enduring and independently significant
financial or organizational attachment to the organization may
be considered members. For example, student members who pay a
lower amount of dues while in school, long-term dues-paying
members who qualify for lifetime membership status with little
or no dues obligation, and retired members may be considered
members of the organization.
new text end

new text begin Members of a local union are considered to be members of
any national or international union of which the local union is
a part and of any federation with which the local, national, or
international union is affiliated.
new text end

new text begin In the case of a membership organization that has a
national federation structure or has several levels, including,
for example, national, state, regional, or local affiliates, a
person who qualifies as a member of any entity within the
federation or of any affiliate also qualifies as a member of all
affiliates.
new text end

new text begin (k) The status of a membership organization, and of
members, for purposes of paragraph (f), clause (4), must be
determined under paragraphs (i) and (j) and not by provisions of
state law governing unincorporated associations, trade
associations, cooperatives, corporations without capital stock,
or labor organizations.
new text end

new text begin Subd. 8. new text end

new text begin Candidate. new text end

new text begin "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 under section 10B.27.
new text end

new text begin Subd. 9. new text end

new text begin Conduit fund. new text end

new text begin "Conduit fund" means money, a
negotiable instrument, or a donation in kind collected by an
association from its employees and contributed to a candidate or
political committee only as directed by the employee from whom
the money was collected.
new text end

new text begin Subd. 10. new text end

new text begin Contribution. new text end

new text begin (a) "Contribution" means money,
a negotiable instrument, or a donation in kind that is given to
a political committee, political fund, conduit fund, principal
campaign committee, or party unit.
new text end

new text begin (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.
new text end

new text begin (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, or
the publishing or broadcasting of news items or editorial
comments by the news media.
new text end

new text begin Subd. 11. new text end

new text begin Depository. new text end

new text begin "Depository" means a bank, savings
association, or credit union organized under federal or state
law and transacting business within this state.
new text end

new text begin Subd. 12. new text end

new text begin Donation in kind. new text end

new text begin "Donation in kind" means
anything of value that is given, other than money or negotiable
instruments. An approved expenditure is a donation in kind.
new text end

new text begin Subd. 13. new text end

new text begin Election. new text end

new text begin "Election" means a primary, special
primary, general, or special election.
new text end

new text begin Subd. 14. new text end

new text begin Election cycle. new text end

new text begin "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 end

new text begin Subd. 15. new text end

new text begin Financial institution. new text end

new text begin "Financial institution"
means a lending institution chartered by an agency of the
federal government or regulated by the commissioner of commerce.
new text end

new text begin Subd. 16. new text end

new text begin Independent expenditure. new text end

new text begin (a) "Independent
expenditure" means an expenditure that is made without the
express or implied consent, authorization, or cooperation of,
and not in concert with or at the request or suggestion of, any
candidate or any candidate's principal campaign committee or
agent. An independent expenditure is not a contribution to a
candidate.
new text end

new text begin (b) An expenditure is presumed to be not independent if,
for example:
new text end

new text begin (1) in the same election cycle in which the expenditure
occurs, the spender or the spender's agent retains the
professional services of an individual or entity that, in a
nonministerial capacity, provides or has provided
campaign-related service, including polling or other campaign
research, media consulting or production, direct mail, or
fund-raising, to a candidate supported by the spender for
nomination or election to the same office as any candidate whose
nomination or election the expenditure is intended to influence
or to a political party working in coordination with the
supported candidate;
new text end

new text begin (2) the expenditure pays for a communication that
disseminates, in whole or in substantial part, a broadcast or
written, graphic, or other form of campaign material designed,
produced, or distributed by the candidate or the candidate's
principal campaign committee or their agents;
new text end

new text begin (3) the expenditure is based on information about the
candidate's electoral campaign plans, projects, or needs that is
provided by the candidate or the candidate's principal campaign
committee or their agents directly or indirectly to the spender
or the spender's agent, with an express or tacit understanding
that the spender is considering making the expenditure;
new text end

new text begin (4) before the election, the spender or the spender's agent
informs a candidate or the principal campaign committee or agent
of a candidate for the same office as a candidate clearly
identified in a communication paid for by the expenditure about
the communication's contents; timing, location, mode, or
frequency of dissemination; or intended audience; or
new text end

new text begin (5) in the same election cycle in which the expenditure
occurs, the spender or the spender's agent is serving or has
served in an executive, policymaking, fund-raising, or advisory
position with the candidate's campaign or has participated in
strategic or policymaking discussions with the candidate's
campaign relating to the candidate's pursuit of nomination or
election to office and the candidate is pursuing the same office
as a candidate whose nomination or election the expenditure is
intended to influence.
new text end

new text begin An individual or association presumed under this paragraph
to have made an expenditure that was not independent may rebut
the presumption by an affidavit signed by the spender and filed
with the board stating that the expenditure was made without the
express or implied consent, authorization, or cooperation of,
and not in concert with or at the request or suggestion of, any
candidate or any candidate's principal campaign committee or
agent, supported by any additional evidence the spender chooses
to submit. The board may consider any additional evidence it
deems relevant and material and must determine by a
preponderance of the evidence whether the expenditure was
independent.
new text end

new text begin (c) An expenditure by anyone other than a principal
campaign committee that does not qualify as an independent
expenditure under this subdivision is deemed to be an approved
expenditure under subdivision 3.
new text end

new text begin Subd. 17. new text end

new text begin Loan. new text end

new text begin "Loan" means an advance of money or
anything of value made to a political committee, political fund,
principal campaign committee, or party unit.
new text end

new text begin Subd. 18. new text end

new text begin Major political party. new text end

new text begin "Major political party"
means a major political party as defined in section 200.02,
subdivision 7.
new text end

new text begin Subd. 19. new text end

new text begin Minor political party. new text end

new text begin "Minor political party"
means a minor political party as defined in section 200.02,
subdivision 23.
new text end

new text begin Subd. 20. new text end

new text begin Noncampaign disbursement. new text end

new text begin "Noncampaign
disbursement" means a purchase or payment of money or anything
of value made, or an advance of credit incurred, or a donation
in kind received, by a principal campaign committee for any of
the following purposes:
new text end

new text begin (1) payment for accounting and legal services;
new text end

new text begin (2) return of a contribution to the source;
new text end

new text begin (3) repayment of a loan made to the principal campaign
committee by that committee;
new text end

new text begin (4) return of a public subsidy;
new text end

new text begin (5) payment for food, beverages, entertainment, and
facility rental for a fund-raising event;
new text end

new text begin (6) services for a constituent by a member of the
legislature or a constitutional officer in the executive branch,
performed from the beginning of the term of office to
adjournment sine die of the legislature in the election year for
the office held, and one-half the cost of services for a
constituent by a member of the legislature or a constitutional
officer in the executive branch performed from adjournment sine
die to 60 days after adjournment sine die;
new text end

new text begin (7) payment for food and beverages provided to campaign
volunteers while they are engaged in campaign activities;
new text end

new text begin (8) payment of expenses incurred by elected or appointed
leaders of a legislative caucus in carrying out their leadership
responsibilities;
new text end

new text begin (9) payment by a principal campaign committee of the
candidate's expenses for serving in public office, other than
for personal uses;
new text end

new text begin (10) costs of child care for the candidate's children when
campaigning;
new text end

new text begin (11) fees paid to attend a campaign school;
new text end

new text begin (12) costs of a postelection party during the election year
when a candidate's name will no longer appear on a ballot or the
general election is concluded, whichever occurs first;
new text end

new text begin (13) interest on loans paid by a principal campaign
committee on outstanding loans;
new text end

new text begin (14) filing fees;
new text end

new text begin (15) notes or advertisements in the news media expressing
gratitude after the general election;
new text end

new text begin (16) the cost of campaign material purchased to replace
defective campaign material, if the defective material is
destroyed without being used;
new text end

new text begin (17) contributions to a party unit; and
new text end

new text begin (18) other purchases or payments specified in board rules
or advisory opinions as being for any purpose other than to
influence the nomination or election of a candidate or to
promote or defeat a ballot question.
new text end

new text begin The board must determine whether an activity involves a
noncampaign disbursement within the meaning of this subdivision.
new text end

new text begin A noncampaign disbursement is considered to be made in the
year in which the candidate made the purchase of goods or
services or incurred an obligation to pay for goods or services.
new text end

new text begin Subd. 21. new text end

new text begin Political committee. new text end

new text begin "Political committee"
means an association a major purpose of which is to influence
the nomination or election of a candidate or to promote or
defeat a ballot question, other than a principal campaign
committee or a political party unit.
new text end

new text begin Subd. 22. new text end

new text begin Political fund. new text end

new text begin "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 a candidate
or to promote or defeat a ballot question.
new text end

new text begin Subd. 23. new text end

new text begin Political party. new text end

new text begin "Political party" means a
major political party or a minor political party. A political
party is the aggregate of all its political party units in this
state.
new text end

new text begin Subd. 24. new text end

new text begin Political party unit or party unit. new text end

new text begin "Political
party unit" or "party unit" means the state committee or the
party organization within a house of the legislature,
congressional district, county, legislative district,
municipality, or precinct.
new text end

new text begin Subd. 25. new text end

new text begin Population. new text end

new text begin "Population" means the population
established by the most recent federal census, by a special
census taken by the United States Bureau of the Census, by an
estimate made by the Metropolitan Council, or by an estimate
made by the state demographer under section 4A.02, whichever has
the latest stated date of count or estimate.
new text end

new text begin Subd. 26. new text end

new text begin Principal campaign committee. new text end

new text begin "Principal
campaign committee" means a principal campaign committee formed
under section 10B.02.
new text end

new text begin Subd. 27. new text end

new text begin State committee. new text end

new text begin "State committee" means the
organization that, by virtue of the bylaws of a political party,
is responsible for the day-to-day operation of the political
party at the state level.
new text end

Sec. 15.

new text begin [10B.02] PRINCIPAL CAMPAIGN COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Single committee. new text end

new text begin A candidate must not
accept contributions from a source, other than self, in
aggregate in excess of $100 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.
new text end

new text begin Subd. 2. new text end

new text begin Replacement of officers. new text end

new text begin A candidate may at any
time without cause remove and replace the chair, treasurer,
deputy treasurer, or any other officer of the candidate's
principal campaign committee.
new text end

Sec. 16.

new text begin [10B.03] ORGANIZATION OF COMMITTEES AND PARTY
UNITS.
new text end

new text begin Subdivision 1. new text end

new text begin Chair and treasurer. new text end

new text begin A political
committee, principal campaign committee, or party unit must have
a chair and a treasurer. The chair and treasurer may be the
same individual.
new text end

new text begin Subd. 2. new text end

new text begin Treasurer vacancy. new text end

new text begin A political committee,
principal campaign committee, or party unit may not accept a
contribution or make an expenditure or permit an expenditure to
be made on its behalf while the office of treasurer is vacant.
new text end

new text begin Subd. 3. new text end

new text begin Deputy treasurers. new text end

new text begin The treasurer of a political
committee, principal campaign committee, or party unit may
appoint as many deputy treasurers as necessary and is
responsible for their accounts.
new text end

new text begin Subd. 4. new text end

new text begin Depositories. new text end

new text begin The treasurer of a political
committee, principal campaign committee, or party unit may
designate one or two depositories in each county in which a
campaign is conducted.
new text end

new text begin Subd. 5. new text end

new text begin Commingling prohibited. new text end

new text begin A political committee,
principal campaign committee, or party unit may not commingle
its funds with personal funds of officers, members, or
associates of the committee.
new text end

new text begin Subd. 6. new text end

new text begin Penalty. new text end

new text begin A person who knowingly violates this
section is subject to a civil penalty imposed by the board of up
to $3,000.
new text end

Sec. 17.

new text begin [10B.04] POLITICAL FUNDS.
new text end

new text begin Subdivision 1. new text end

new text begin When required. new text end

new text begin An association other than
a political committee or party unit may not contribute more than
$100 in aggregate in any one year to candidates, political
committees, or party units or make any approved or independent
expenditure or expenditure to promote or defeat a ballot
question unless the contribution or expenditure is made from a
political fund.
new text end

new text begin Subd. 2. new text end

new text begin Commingling prohibited. new text end

new text begin The contents of a
political fund may not be commingled with other funds or with
the personal funds of an officer or member of the fund.
new text end

new text begin Subd. 3. new text end

new text begin Treasurer. new text end

new text begin An association that has a political
fund must elect or appoint a treasurer of the political fund.
new text end

new text begin Subd. 4. new text end

new text begin Treasurer vacancy. new text end

new text begin A political fund may not
accept a contribution or make an expenditure or contribution
from the political fund while the office of treasurer of the
political fund is vacant.
new text end

new text begin Subd. 5. new text end

new text begin Dues or membership fees. new text end

new text begin An association may, if
not prohibited by other law, deposit in its political fund money
derived from dues or membership fees. Under section 10B.12, the
treasurer of the fund must disclose the name of any member whose
dues, membership fees, and contributions deposited in the
political fund together exceed $100 in a year.
new text end

new text begin Subd. 6. new text end

new text begin Penalty. new text end

new text begin A person who knowingly violates this
section is subject to a civil penalty imposed by the board of up
to $3,000.
new text end

Sec. 18.

new text begin [10B.05] CONDUIT FUNDS.
new text end

new text begin Subdivision 1. new text end

new text begin Commingling prohibited. new text end

new text begin The contents of a
conduit fund may not be commingled with other funds or with the
personal funds of an officer or member of the fund.
new text end

new text begin Subd. 2. new text end

new text begin Treasurer. new text end

new text begin An association that has a conduit
fund must elect or appoint a treasurer of the fund.
new text end

new text begin Subd. 3. new text end

new text begin Treasurer vacancy. new text end

new text begin A conduit fund may not
accept a contribution or make an expenditure or contribution
from the fund while the office of treasurer of the fund is
vacant.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin A person who knowingly violates this
section is subject to a civil penalty imposed by the board of up
to $3,000.
new text end

Sec. 19.

new text begin [10B.06] ACCOUNTS THAT MUST BE KEPT.
new text end

new text begin Subdivision 1. new text end

new text begin Accounts; penalty. new text end

new text begin The treasurer of a
political committee, political fund, conduit fund, principal
campaign committee, or party unit must keep an account of:
new text end

new text begin (1) the sum of all contributions, except any donation in
kind valued at $20 or less, made to the committee, fund, or
party unit;
new text end

new text begin (2) the name and address of each source of a contribution
made to the committee, fund, or party unit in excess of $20,
together with the date and amount of each;
new text end

new text begin (3) each expenditure made by the committee, fund, or party
unit, together with the date and amount;
new text end

new text begin (4) each approved expenditure made on behalf of the
committee, fund, or party unit, together with the date and
amount; and
new text end

new text begin (5) the name and address of each political committee,
political fund, principal campaign committee, or party unit to
which contributions in excess of $20 have been made, together
with the date and amount.
new text end

new text begin A person who knowingly violates this subdivision is subject
to a civil penalty imposed by the board of up to $3,000.
new text end

new text begin Subd. 2. new text end

new text begin Receipts. new text end

new text begin The treasurer must obtain a receipted
bill, stating the particulars, for every expenditure over $100
made by, or approved expenditure over $100 made on behalf of,
the committee, fund, or party unit, and for any expenditure or
approved expenditure in a lesser amount if the aggregate amount
of lesser expenditures and approved expenditures made to the
same individual or association during the same year exceeds $100.
new text end

Sec. 20.

new text begin [10B.07] REGISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin First registration. new text end

new text begin The treasurer of a
political committee, political fund, conduit fund, principal
campaign committee, or party unit must register with the board
by filing a statement of organization no later than 14 days
after the committee, fund, or party unit has received
contributions or made contributions or expenditures in excess of
$100.
new text end

new text begin Subd. 2. new text end

new text begin Form. new text end

new text begin The statement of organization must
include:
new text end

new text begin (1) the name and address of the committee, fund, or party
unit;
new text end

new text begin (2) the name and address of the chair of a political
committee, principal campaign committee, or party unit;
new text end

new text begin (3) the name and address of any supporting association of a
political fund or conduit fund;
new text end

new text begin (4) the name and address of the treasurer and any deputy
treasurers and, for a principal campaign committee, any other
individual authorized to accept contributions on behalf of the
principal campaign committee;
new text end

new text begin (5) a listing of all depositories or safe deposit boxes
used; and
new text end

new text begin (6) for the state committee of a political party only, a
list of its party units.
new text end

new text begin Subd. 3. new text end

new text begin Failure to file; penalty. new text end

new text begin The board must send a
notice by certified mail to any individual who fails to file a
statement required by this section. If the individual fails to
file a statement within ten business days after the notice was
sent, the board may impose a late filing fee of $5 per day, not
to exceed $100, commencing with the 11th day after the notice
was sent.
new text end

new text begin The board must send an additional notice by certified mail
to any individual who fails to file a statement 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 the
report. An individual who fails to file the statement 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 $3,000.
new text end

Sec. 21.

new text begin [10B.08] CONTRIBUTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Anonymous contributions. new text end

new text begin A political
committee, political fund, conduit 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 fund.
new text end

new text begin Subd. 2. new text end

new text begin Source; amount; date. new text end

new text begin An individual who
receives a contribution in excess of $20 for a political
committee, political fund, conduit fund, principal campaign
committee, or party unit must, on demand of the treasurer,
inform the treasurer of the name and, if known, the address of
the source of the contribution, the amount of the contribution,
and the date it was received.
new text end

new text begin Subd. 3. new text end

new text begin Deposit. new text end

new text begin All contributions received by or on
behalf of a candidate, principal campaign committee, political
committee, political fund, conduit 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 10B.12, 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 it was deposited within that period. A
candidate, principal campaign committee, political committee,
political fund, conduit fund, or party unit may refuse to accept
a contribution. A deposited contribution may be returned to the
contributor within 60 days after deposit. A contribution
deposited and not returned within 60 days after that deposit
must be reported as accepted.
new text end

new text begin Subd. 4. new text end

new text begin Excess. new text end

new text begin A treasurer of a principal campaign
committee of a candidate may not deposit a contribution that on
its face exceeds the limit on contributions to the candidate
prescribed by section 10B.13 unless, at the time of deposit, the
treasurer issues a check to the source for the amount of the
excess.
new text end

new text begin Subd. 5. new text end

new text begin Attributable contributions. new text end

new text begin Contributions made
to a candidate or principal campaign committee that are directed
to the candidate or principal campaign committee by a political
fund, committee, or party unit must be reported as attributable
to the political fund, committee, or party unit and count toward
the contribution limits of that fund, committee, or political
party specified in section 10B.13, if the fund, committee, or
party was organized or is operated primarily to direct
contributions other than from its own money to one or more
candidates or principal campaign committees. The treasurer of
the political fund, committee, or party unit must advise the
candidate or the candidate's principal campaign committee if the
contribution or contributions are not from the money of the
fund, committee, or party unit and the original source of the
money. As used in this subdivision, "direct" includes, but is
not limited to, order, command, control, or instruct. A
violation of this subdivision is a violation of section 10B.15.
new text end

new text begin Subd. 6. new text end

new text begin Related committees. new text end

new text begin An individual, association,
political committee, political fund, or party unit may
establish, finance, maintain, or control a political committee,
political fund, or party unit. One who does this is a
"parent." The political committee, fund, or party unit so
established, financed, maintained, or controlled is a
"subsidiary." If the parent is an association, the association
must create a political committee or political fund to serve as
the parent for reporting purposes. A subsidiary must report its
contribution to a candidate or principal campaign committee as
attributable to its parent, and the contribution is counted
toward the contribution limits in section 10B.13 of the parent
as well as of the subsidiary.
new text end

new text begin Subd. 7. new text end

new text begin Penalty. new text end

new text begin A person who knowingly violates this
section is subject to a civil penalty imposed by the board of up
to $3,000.
new text end

new text begin Subd. 8. new text end

new text begin Registration number on checks. new text end

new text begin A contribution
made to a candidate by a lobbyist, political committee,
political fund, conduit fund, or party unit must show the name
of the lobbyist, political committee, political fund, conduit
fund, or party unit and the number under which it is registered
with the board.
new text end

Sec. 22.

new text begin [10B.09] EARMARKING CONTRIBUTIONS PROHIBITED.
new text end

new text begin 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. A person who knowingly accepts an earmarked
contribution is guilty of a gross misdemeanor and subject to a
civil penalty imposed by the board of up to $3,000.
new text end

Sec. 23.

new text begin [10B.10] EXPENDITURES.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

new text begin A political committee,
political fund, conduit fund, principal campaign committee, or
party unit may not expend money unless the expenditure is
authorized by the treasurer or deputy treasurer of that
committee, fund, or party unit.
new text end

new text begin Subd. 2. new text end

new text begin Written authorization. new text end

new text begin An individual or
association may not make an approved expenditure of more than
$20 without receiving written authorization from the treasurer
of the principal campaign committee of the candidate who
approved the expenditure stating the amount that may be spent
and the purpose of the expenditure.
new text end

new text begin Subd. 3. new text end

new text begin Petty cash. new text end

new text begin The treasurer or deputy treasurer
of a political committee, principal campaign committee, or party
unit may sign vouchers for petty cash of up to $100 per week for
statewide elections or $20 per week for legislative elections,
to be used for miscellaneous expenditures.
new text end

new text begin Subd. 4. new text end

new text begin Personal loans. new text end

new text begin A principal campaign committee,
political committee, political fund, or party unit may not lend
money it has raised to anyone for purposes not related to the
conduct of a campaign.
new text end

new text begin Subd. 5. new text end

new text begin Independent expenditures. new text end

new text begin An individual,
political committee, political fund, principal campaign
committee, or party unit that independently solicits or accepts
contributions or makes independent expenditures on behalf of a
candidate must publicly disclose that the expenditure is an
independent expenditure. All written communications with those
from whom contributions are independently solicited or accepted
or to whom independent expenditures are made on behalf of a
candidate must contain a statement in conspicuous type that the
activity is an independent expenditure and is not approved by
the candidate nor is the candidate responsible for it. Similar
language must be included in all oral communications, in
conspicuous type on the front page of all literature and
advertisements published or posted, and at the end of all
broadcast advertisements made by that individual, political
committee, political fund, principal campaign committee, or
party unit on the candidate's behalf.
new text end

new text begin Subd. 6. new text end

new text begin Penalty. new text end

new text begin A person who knowingly violates
subdivision 2 is subject to a civil penalty imposed by the board
of up to $3,000.
new text end

Sec. 24.

new text begin [10B.11] TIME FOR RENDERING BILLS, CHARGES, OR
CLAIMS; PENALTY.
new text end

new text begin A person who has a bill, charge, or claim against a
political committee, political fund, principal campaign
committee, or party unit for an expenditure must render in
writing to the treasurer of the committee, fund, or party unit
the bill, charge, or claim within 60 days after the material or
service is provided. A person who knowingly violates this
section is subject to a civil penalty imposed by the board of up
to $3,000.
new text end

Sec. 25.

new text begin [10B.12] CAMPAIGN REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin First filing; duration. new text end

new text begin The treasurer of
a political committee, political fund, conduit fund, principal
campaign committee, or party unit must begin to file the reports
required by this section in the first year it receives
contributions or makes contributions or expenditures in excess
of $100 and must continue to file until the committee, fund, or
party unit is terminated. If the position of treasurer of a
principal campaign committee, political committee, political
fund, or party unit is vacant, the candidate, chair of a
political committee or party unit, or association officer of a
political fund is responsible for filing reports required by
this section.
new text end

new text begin Subd. 2. new text end

new text begin Time for filing. new text end

new text begin (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).
new text end

new text begin (b) In each year in which the name of the candidate is on
the ballot, the reports of the principal campaign committee must
be filed by April 30, July 31, and November 30, and 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.
new text end

new text begin (c) In each general election year, a political committee,
political fund, conduit fund, or party unit must file reports by
April 30, July 31, and November 30, and 15 days before a primary
and ten days before a general election.
new text end

new text begin (d) A political committee, political fund, conduit fund, or
party unit that makes contributions or expenditures related to a
special election must file reports on the contributions or
expenditures seven days before the special primary and special
election and ten days after the special election cycle.
new text end

new text begin Subd. 3. new text end

new text begin Electronic filing; publication. new text end

new text begin When
contributions or expenditures exceed $5,000 in a year, the
report must be filed with the board in an electronic format
approved by the board. Regardless of whether the report is
filed electronically, the board must publish the report on its
Web site within seven days after the date it was due. The
publication must be in a form that permits a user of the Web
site to search the reports and prepare comparisons and
cross-tabulations among the various candidates, contributors,
vendors, and committees.
new text end

new text begin Subd. 4. new text end

new text begin Contents of report; political committees and
political funds. new text end

new text begin (a) The report by a political committee or
political fund must disclose the amount of liquid assets on hand
at the beginning of the reporting period.
new text end

new text begin (b) 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
$50, 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.
new text end

new text begin (c) The report must disclose the sum of contributions to
the reporting entity and the sum of all contributions received
through each conduit fund and through all conduit funds during
the reporting period. The report must include the name and
registration number of each conduit fund from which a
contribution was received.
new text end

new text begin (d) The report must disclose each loan made or received by
the reporting entity within the year in aggregate in excess of
$50, 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.
new text end

new text begin (e) The report must disclose each receipt over $50 during
the reporting period not otherwise listed under paragraphs (b)
to (d).
new text end

new text begin (f) The report must disclose the sum of all receipts of the
reporting entity during the reporting period.
new text end

new text begin (g) The report must disclose the name and address of each
individual or association to whom aggregate expenditures,
including approved expenditures, have been made by or on behalf
of the reporting entity within the year in excess of $100,
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 defeat, 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.
new text end

new text begin (h) The report must disclose the sum of all expenditures
made by or on behalf of the reporting entity during the
reporting period.
new text end

new text begin (i) 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.
new text end

new text begin (j) 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 $100 within the year and the amount
and date of each contribution.
new text end

new text begin (k) The report must disclose the sum of all contributions
made by the reporting entity during the reporting period.
new text end

new text begin (l) 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 $100 within the year by or
on behalf of the reporting entity and the amount, date, and
purpose of each noncampaign disbursement.
new text end

new text begin (m) The report must disclose the sum of all noncampaign
disbursements made within the year by or on behalf of the
reporting entity.
new text end

new text begin (n) 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.
new text end

new text begin Subd. 5. new text end

new text begin Contents of report; conduit funds. new text end

new text begin A report by
a conduit fund under this section must disclose the sum of all
contributions received by the fund and the sum of all
contributions made to each political committee, political fund,
principal campaign committee, or party unit and to all of them
together during the reporting period. The report must include
the registration number of each recipient of contributions from
the conduit fund.
new text end

new text begin Subd. 6. new text end

new text begin Period of report. new text end

new text begin A report must cover the
period from the last day covered by the previous report to seven
days before the filing date, except that the report due on
January 31 must cover the period from the last day covered by
the previous report to December 31.
new text end

new text begin Subd. 7. new text end

new text begin Report of excess contributions. new text end

new text begin (a) The
treasurer of the principal campaign committee of a candidate who
has not signed a spending limit agreement under section 10B.20
must file with the board within seven days after the committee
has received aggregate contributions in excess of the
expenditure limit for any participating opponent of the
candidate a report disclosing the sum of the excess
contributions. The treasurer must file an additional report
each Monday if the committee received additional contributions
during the week ending the previous Friday.
new text end

new text begin (b) During the last three weeks before the primary or
general election, and during the last two weeks before a special
primary or special election, the treasurer must file the report
within 48 hours after the aggregate contributions received since
the last report exceed the limit for a single contribution to
the candidate.
new text end

new text begin Subd. 8. new text end

new text begin Report when no committee. new text end

new text begin A candidate who does
not designate and cause to be formed a principal campaign
committee and an individual who makes independent expenditures
or expenditures expressly advocating the approval or defeat of a
ballot question in aggregate in excess of $100 in a year must
file with the board a report containing the information required
by subdivision 4. Reports required by this subdivision must be
filed on the dates on which reports by committees, funds, and
party units are filed.
new text end

new text begin Subd. 9. new text end

new text begin Affidavit of independence. new text end

new text begin An individual,
political committee, political fund, or party unit filing a
report or statement disclosing an independent expenditure under
subdivision 4, 8, or 10 must file with the report an affidavit
naming the candidate whose nomination, election, or defeat the
independent expenditure was intended to advocate and stating
that the disclosed expenditures were not made with the
authorization or expressed or implied consent of, or in
cooperation or in concert with, or at the request or suggestion
of any candidate or any candidate's principal campaign committee
or agent.
new text end

new text begin Subd. 10. new text end

new text begin Independent expenditures; notice; report. new text end

new text begin (a)
Within 48 hours after an individual, political committee,
political fund, or party unit causes to be disseminated a
communication that has been or will be paid for in whole or in
part by one or more independent expenditures that in aggregate
within the election cycle exceed $500, the individual, political
committee, political fund, or party unit must file with the
board a notice of the intent to make the independent expenditure.
new text end

new text begin (b) The notice must contain the information with respect to
the expenditures that is required to be reported under
subdivision 4, paragraph (g), except that if an expenditure is
reported before it is made, the notice must include a reasonable
estimate of the anticipated amount. Each additional expenditure
requires a new notice.
new text end

new text begin (c) The notice must also include a description of the
content of the communication for which the expenditure was or
will be made, including a copy of any printed advertisement or a
transcript of any broadcast advertisement. If the advertisement
was printed or broadcast more than once in the same form, the
description must include a list of the date, time, and location
of each printing or broadcast. If the advertisement was printed
or broadcast in substantially the same form for more than one
candidate, the description need include only a copy of the
standard form, a description of the content that was different
for different candidates, and a list of the candidates on whose
behalf it was printed or broadcast. A complaint alleging a
violation of this paragraph must be brought no later than three
months after the notice was due.
new text end

new text begin (d) During the last three weeks before the primary or
general election, and during the last two weeks before a special
primary or special election, the notice must be filed within 24
hours after the communication is disseminated.
new text end

new text begin (e) An individual or association may file a complaint with
the board that a required notice was not filed or that a notice
filed under this subdivision was false. The board must
determine the complaint promptly. If the board determines that
a notice was false and the board has distributed a public
subsidy to a candidate based on the false notice, the candidate
must return the subsidy to the board.
new text end

new text begin Subd. 11. new text end

new text begin Statement of inactivity. new text end

new text begin If a reporting entity
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.
new text end

new text begin Subd. 12. new text end

new text begin Exemption from disclosure. new text end

new text begin The board must
exempt a member of or contributor to an association, or any
other individual, from the requirements of this section if the
member, contributor, or other individual demonstrates by clear
and convincing evidence that disclosure would expose the member
or contributor to economic reprisals, loss of employment, or
threat of physical coercion.
new text end

new text begin An association may seek an exemption for all of its members
or contributors if it demonstrates by clear and convincing
evidence that a substantial number of its members or
contributors would suffer a restrictive effect on their freedom
of association if members were required to seek exemptions
individually.
new text end

new text begin Subd. 13. new text end

new text begin Exemption procedure. new text end

new text begin An individual or
association seeking an exemption under subdivision 12 must
submit a written application for exemption to the board. The
board, without hearing, must grant or deny the exemption within
30 days after receiving the application and must issue a written
order stating the reasons for its action. The board must
publish its order in the State Register and give notice to all
parties known to the board to have an interest in the matter.
If the board receives a written objection to its action from any
party within 20 days after publication of its order and
notification of interested parties, the board must hold a
contested case hearing on the matter. Upon the filing of a
timely objection from the applicant, an order denying an
exemption is suspended pending the outcome of the contested
case. If no timely objection is received, the exemption
continues in effect until a written objection is filed with the
board in a succeeding election year. The board must adopt rules
establishing a procedure so that an individual seeking an
exemption may proceed anonymously if the individual would be
exposed to the reprisals listed in subdivision 12 if the
individual's identity were to be revealed for the purposes of
the notice or a hearing.
new text end

new text begin Subd. 14. new text end

new text begin Failure to file; penalty. new text end

new text begin The board must send
a notice by certified mail to any individual who fails to file a
report required by this section. If an individual fails to file
a report due January 31 within ten business days after the
notice was sent, the board may impose a late filing fee of $10
per day, not to exceed $500, commencing on the 11th day after
the notice was sent. If an individual fails to file any other
report due during an election year within three days after the
date due, regardless of whether the individual has received any
notice, the board may impose a late filing fee of $50 per day,
not to exceed $500, commencing on the fourth day after the date
the report was due.
new text end

new text begin The board must send an additional notice by certified mail
to an individual who fails to file a statement 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
statement. An individual who fails to file the statement 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 $3,000.
new text end

new text begin Subd. 15. new text end

new text begin Third-party reimbursement. new text end

new text begin An individual or
association filing a report disclosing an expenditure or
noncampaign disbursement that must be reported and itemized
under subdivision 4, paragraph (g) or (l), that is a
reimbursement to a third party must report the purpose of each
expenditure or disbursement for which the third party is being
reimbursed. An expenditure or disbursement is a reimbursement
to a third party if it is for goods or services that were not
directly provided by the individual or association to whom the
expenditure or disbursement is made. Third-party reimbursements
include payments to credit card companies and reimbursement of
individuals for expenses they have incurred.
new text end

new text begin Subd. 16. new text end

new text begin Reports by solicitors. new text end

new text begin An individual or
association, other than a candidate or the members of a
candidate's principal campaign committee, that directly solicits
and causes others to make contributions to candidates or a party
unit in a house of the legislature, that aggregate more than
$5,000 between January 1 of a general election year and the end
of the reporting period must file with the board a report
disclosing the amount of each contribution, the names of the
contributors, and to whom the contributions were given. The
report must be filed 15 days before a primary and ten days
before a general election. The report for each calendar year
must be filed with the board by January 31 of the following year.
new text end

new text begin Subd. 17. new text end

new text begin Equitable relief. new text end

new text begin A candidate whose opponent
does not timely file the report due 15 days before the primary,
the report due ten days before the general election, or the
notice required under section 10B.17, subdivision 6, may
petition the district court for immediate equitable relief to
enforce the filing requirement. A prevailing party under this
subdivision may be awarded attorney fees and costs by the court.
new text end

Sec. 26.

new text begin [10B.13] CONTRIBUTION LIMITS.
new text end

new text begin Subdivision 1. new text end

new text begin Contribution limits. new text end

new text begin (a) Except as
provided in paragraph (b), a candidate must not permit the
candidate's principal campaign committee to accept aggregate
contributions made or delivered by an individual, political
committee, or political fund in excess of the following:
new text end

new text begin (1) to candidates for governor and lieutenant governor
running together, $2,000 in an election cycle;
new text end

new text begin (2) to a candidate for attorney general, secretary of
state, or state auditor, $1,000 in an election cycle;
new text end

new text begin (3) to a candidate for state senator, $500 in an election
cycle; and
new text end

new text begin (4) to a candidate for state representative, $500 in an
election cycle.
new text end

new text begin (b) A candidate who accepts a public subsidy must not
permit the candidate's principal campaign committee to accept
aggregate contributions made or delivered by an individual,
political committee, or political fund in excess of $50 in an
election cycle.
new text end

new text begin (c) The following deliveries are not subject to the
bundling limitation in this subdivision:
new text end

new text begin (1) delivery of contributions collected by a member of the
candidate's principal campaign committee who was registered with
the board to accept contributions on behalf of the committee
before the contributions were accepted; and
new text end

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

new text begin (d) A political committee or political fund must not make a
contribution a candidate is prohibited from accepting.
new text end

new text begin Subd. 2. new text end

new text begin Political party and dissolving principal
campaign committee limit. new text end

new text begin A nonparticipating candidate must not
permit the candidate's principal campaign committee to accept
contributions, including approved expenditures, from any
political party units in aggregate in excess of ten times the
amount that may be contributed to that candidate under
subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Excess loans prohibited. new text end

new text begin A candidate must not
permit the candidate's principal campaign committee to accept a
loan from other than a financial institution for an amount in
excess of the contribution limits imposed by this section. A
candidate must not permit the candidate's principal campaign
committee to accept a loan from a financial institution for
which the financial institution may hold an endorser of the loan
liable to pay an amount in excess of the amount that the
endorser may contribute to that candidate.
new text end

new text begin Subd. 4. new text end

new text begin Contributions to and from other candidates. new text end

new text begin (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.
new text end

new text begin (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
state treasury and credit to the general fund.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 5. new text end

new text begin Limited personal contributions. new text end

new text begin A participating
candidate may not contribute to the candidate's own campaign
more than $500 in an election cycle.
new text end

new text begin Subd. 6. new text end

new text begin Contributions from certain types of
contributors. new text end

new text begin A candidate must not permit the candidate's
principal campaign committee to accept a contribution from a
political committee, political fund, lobbyist, or large
contributor, if the contribution will cause the aggregate
contributions from those types of contributors to exceed an
amount equal to 20 percent of the 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 more than $100
and more than one-half the amount an individual may contribute.
new text end

new text begin Subd. 7. new text end

new text begin Unregistered association limit; statement;
penalty. new text end

new text begin (a) The treasurer of a political committee, political
fund, principal campaign committee, or party unit must not
accept a contribution of more than $100 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 10B.12. 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.
new text end

new text begin (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 $3,000 if the
association or its officer:
new text end

new text begin (1) fails to provide a written statement as required by
this subdivision; or
new text end

new text begin (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.
new text end

new text begin (c) The treasurer of a political committee, political fund,
principal campaign committee, or party unit who accepts a
contribution in excess of $100 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 $100.
new text end

new text begin Subd. 8. new text end

new text begin Contributions to political committees or funds.
new text end

new text begin The treasurer of a political committee or political fund must
not permit the political committee or political fund to accept
aggregate contributions from an individual in an amount more
than $1,000 in a calendar year or from another political
committee or political fund in any amount.
new text end

new text begin Subd. 9. new text end

new text begin Contributions to political parties. new text end

new text begin (a) An
individual or association must not give and the treasurer of the
state committee of a political party must not permit the
political party to accept aggregate contributions for any
purpose from an individual, or from an association that makes
contributions to candidates, in an amount more than $10,000 in
an election cycle.
new text end

new text begin (b) A political party unit may not accept a transfer from
its national party organization, nor from a party unit in any
other state, unless the transfer is from a separate and
segregated fund that contains only contributions from
individuals and associations that would have been permitted
under the law of this state if they had been made directly to
the political party unit.
new text end

new text begin Subd. 10. new text end

new text begin Aggregate limit on individuals. new text end

new text begin An individual
may not contribute more than $10,000 in aggregate contributions
for any purpose to all candidates, political parties, political
committees, and political funds in an election cycle.
new text end

Sec. 27.

new text begin [10B.14] CONTRIBUTIONS AND SOLICITATIONS DURING
LEGISLATIVE SESSION.
new text end

new text begin Subdivision 1. new text end

new text begin Contributions during legislative session.
new text end

new text begin (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, or dissolving
principal campaign committee, or from a party unit established
by the party organization within a house of the legislature,
during a regular session of the legislature.
new text end

new text begin (b) A registered lobbyist, political committee, political
fund, or dissolving principal campaign committee, 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.
new text end

new text begin Subd. 2. new text end

new text begin Party unit solicitations. new text end

new text begin A political party
unit must not solicit or receive at an event hosted by a
candidate for the legislature or by a candidate for
constitutional office a contribution from a lobbyist, political
committee, political fund, or party unit during a regular
session of the legislature.
new text end

new text begin Subd. 3. new text end

new text begin Definition. new text end

new text begin For purposes of this section,
"regular session" does not include a special session or the
interim between the two annual sessions of a biennium.
new text end

new text begin Subd. 4. new text end

new text begin Civil penalty. new text end

new text begin A candidate, political
committee, party unit, political fund, principal campaign
committee, or registered lobbyist that violates this section is
subject to a civil penalty imposed by the board of up to
$3,000. If the board makes a public finding that there is
probable cause to believe a violation of this section has
occurred, the board must 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 the civil penalty as
imposed by the board. Penalties paid under this section must be
deposited in the general fund in the state treasury.
new text end

new text begin Subd. 5. new text end

new text begin Special election. new text end

new text begin This section does not apply
in a legislative special election during the period beginning
when the person becomes a candidate in the special election and
ending on the day of the special election.
new text end

Sec. 28.

new text begin [10B.15] CIRCUMVENTION PROHIBITED.
new text end

new text begin An individual or association that attempts to circumvent
this chapter by redirecting a contribution through, or making a
contribution on behalf of, another individual or association is
guilty of a gross misdemeanor and subject to a civil penalty
imposed by the board of up to $3,000.
new text end

Sec. 29.

new text begin [10B.16] POLITICAL CONTRIBUTION REFUND.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin (a) The definition in this
subdivision applies to this section.
new text end

new text begin (b) "Contribution" means a gift of money.
new text end

new text begin Subd. 2. new text end

new text begin Claim; receipt form. new text end

new text begin (a) A taxpayer may claim a
refund equal to the amount of the taxpayer's contributions made
in the calendar year to a political party or party unit, if the
state chair of the political party has signed and filed with the
board an agreement not to make independent expenditures as
provided in section 10B.19, and the agreement has not been
rescinded. The refund for an individual must not exceed $50 and
for a married couple, filing jointly, must not exceed $100.
new text end

new text begin (b) A refund of a contribution is allowed only if the
taxpayer files a form required by the commissioner of revenue
and attaches to the form a copy of an official refund receipt
form issued by the party and signed by the party chair, after
the contribution was received. For a taxpayer who files a claim
for refund via the Internet or other electronic means, the
commissioner may accept the number on the official receipt as
documentation that a contribution was made rather than the
actual receipt. The board must make available to a political
party, on request, a supply of official refund receipt forms
that state in boldface type that a contributor who is given a
receipt form is eligible to claim a refund as provided in this
section and that the political party has signed an agreement not
to make independent expenditures. The forms must provide
duplicate copies of the receipt to be attached to the
contributor's claim. The receipt forms must be numbered, and
the data on the receipt that are not public must be made
available to the board upon its request. A party unit must
return to the board with its termination report or destroy any
official receipt forms that have not been issued.
new text end

new text begin (c) If the state chair of a political party has not signed
an agreement under section 10B.19, or has rescinded the
agreement, and the chair or treasurer of a party unit willfully
issues an official refund receipt form or a facsimile of one to
any of the party's contributors, the issuer of the receipt is
guilty of a misdemeanor.
new text end

new text begin (d) A claim must be filed with the commissioner of revenue
no sooner than March 4 of each odd-numbered year in which the
contribution was made and no sooner than January 1 of each
even-numbered year in which the contribution was made and no
later than April 15 of the calendar year following the calendar
year in which the contribution was made. A taxpayer may file
only one claim per calendar year. Amounts paid by the
commissioner after June 15 of the calendar year following the
calendar year in which the contribution was made must include
interest at the rate specified in section 270.76.
new text end

new text begin Subd. 3. new text end

new text begin Copies of form. new text end

new text begin The commissioner shall make
copies of the form available to political party units upon
request.
new text end

new text begin Subd. 4. new text end

new text begin Data privacy. new text end

new text begin The following data collected or
maintained by the commissioner under this subdivision are
private: the identities of individuals claiming a refund and
the amount of each contribution.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

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

new text begin Subd. 6. new text end

new text begin Appropriation. new text end

new text begin The amount necessary to pay
claims for the refund provided in this section is appropriated
from the general fund to the commissioner of revenue.
new text end

Sec. 30.

new text begin [10B.17] SPENDING LIMITS.
new text end

new text begin Subdivision 1. new text end

new text begin Limits are voluntary. new text end

new text begin The expenditure
limits imposed by this section on a candidate apply only to a
candidate who has signed an agreement under section 10B.19 to be
bound by them as a condition of receiving a public subsidy for
the candidate's campaign. The prohibition imposed by this
section on a political party applies only to a political party
that has signed and not rescinded an agreement under section
10B.19 to be bound by it as a condition of receiving a public
subsidy for the party's activities.
new text end

new text begin Subd. 2. new text end

new text begin Amounts. new text end

new text begin (a) The principal campaign committee
of a candidate must not make campaign expenditures nor permit
approved expenditures to be made on behalf of the candidate
during an election cycle that result in aggregate expenditures
in excess of the sums authorized in this subdivision.
new text end

new text begin (b) The principal campaign committee of a candidate may
make expenditures or permit approved expenditures to be made on
behalf of the candidate during an election cycle and before the
candidate files an affidavit of qualifying contributions under
section 10B.20 in the following amounts:
new text end

new text begin (1) for governor and lieutenant governor, running together,
$50,000;
new text end

new text begin (2) for attorney general, secretary of state, and state
auditor, separately, $25,000;
new text end

new text begin (3) for state senator, $8,000; and
new text end

new text begin (4) for state representative, $4,000.
new text end

new text begin (c) The principal campaign committee of a candidate may
spend the public subsidy as authorized under section 10B.24.
new text end

new text begin (d) 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.
new text end

new text begin Subd. 3. new text end

new text begin Aggregated expenditures. new text end

new text begin If a candidate makes
expenditures from more than one principal campaign committee for
nomination or election to statewide office in the same election
cycle, the amount of expenditures from all of the candidate's
principal campaign committees for statewide office for that
election cycle must be aggregated for purposes of applying the
limits on expenditures under subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Governor and lieutenant governor as a single
candidate. new text end

new text begin For the purposes of this chapter, a candidate for
governor and a candidate for lieutenant governor, running
together, are considered a single candidate. 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.
new text end

new text begin Subd. 5. new text end

new text begin Independent expenditures. new text end

new text begin The principal
campaign committee of a candidate must not make independent
expenditures.
new text end

new text begin Subd. 6. new text end

new text begin Release from expenditure limits. new text end

new text begin (a) After the
deadline for filing a spending limit agreement under section
10B.19, a candidate who has agreed to be bound by the
expenditure limits imposed by this section as a condition of
receiving a public subsidy for the candidate's campaign may
choose to be released from the expenditure limits but remain
eligible to receive a public subsidy if the candidate has an
opponent who has not agreed to be bound by the limits and who
has received contributions during that election cycle in excess
of the sum of:
new text end

new text begin (1) the amounts listed in subdivision 2, paragraph (b),
that the candidate is allowed to spend before filing an
affidavit of contributions;
new text end

new text begin (2) the limit set in section 10B.13, subdivision 2,
paragraph (a), for contributions from political party units to
the candidate; and
new text end

new text begin (3) the public subsidy the participating candidate has
received through that part of the election cycle.
new text end

new text begin Before the primary election, a candidate's "opponents" are
only those who will appear on the ballot of the same party in
the primary election.
new text end

new text begin (b) A candidate who has not agreed to be bound by
expenditure limits, or the candidate's principal campaign
committee, must file written notice with the board and provide
written notice to any opponent of the candidate for the same
office within seven days after exceeding the limit in paragraph
(a). The notice must state only that the candidate or
candidate's principal campaign committee has received
contributions in excess of the limit in paragraph (a).
new text end

new text begin (c) Upon receipt of the notice, the candidate who had
agreed to be bound by the limits may file with the board a
notice that the candidate chooses to be no longer bound by the
expenditure limits. A notice of a candidate's choice not to be
bound by the expenditure limits that is based on the conduct of
an opponent in the state primary election may not be filed more
than one day after the state canvassing board has declared the
results of the state primary.
new text end

new text begin (d) A candidate who has agreed to be bound by the
expenditure limits imposed by this section and whose opponent in
the general election has chosen, as provided in paragraph (c),
not to be bound by the expenditure limits because of the conduct
of an opponent in the primary election is no longer bound by the
limits but remains eligible to receive a public subsidy.
new text end

new text begin Subd. 7. new text end

new text begin Independent expenditures by political
parties. new text end

new text begin A political party or party unit must not make an
independent expenditure.
new text end

Sec. 31.

new text begin [10B.18] MULTICANDIDATE POLITICAL PARTY
EXPENDITURES.
new text end

new text begin Notwithstanding other provisions of this chapter, the
following expenditures by a party unit, or two or more party
units acting together, with at least one party unit being either
the state committee or the party organization within a
congressional district, county, or legislative district, are not
considered contributions to or expenditures on behalf of a
candidate for the purposes of section 10B.13 or 10B.17 and must
not be allocated to candidates under section 10B.12, subdivision
4, paragraph (g):
new text end

new text begin (1) expenditures not on behalf of any candidate;
new text end

new text begin (2) expenditures on behalf of candidates of that party
generally without referring to any of them specifically by name
or image in a published, posted, or broadcast advertisement; or
new text end

new text begin (3) expenditures for the preparation, display, mailing, or
other distribution of an official party sample ballot listing
the names of three or more individuals whose names are to appear
on the ballot.
new text end

Sec. 32.

new text begin [10B.19] SPENDING LIMIT AGREEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Agreement by candidate. new text end

new text begin (a) As a
condition of receiving a public subsidy, a candidate must sign
and file with the board a written agreement in which the
candidate agrees that the candidate will comply with sections
10B.13, subdivisions 1, 2, and 5; 10B.17; and 10B.23.
new text end

new text begin (b) Before the first day of filing for office, the board
must forward agreement forms to all filing officers. The board
must also provide agreement forms to candidates on request at
any time. The candidate must file the agreement with the board
no sooner than January 1 in the general election year and no
later than the day after the candidate files the affidavit of
candidacy for the office. An agreement may not be filed with
the board after that date. An agreement once filed may not be
rescinded.
new text end

new text begin (c) The board must notify the commissioner of revenue of
any agreement filed under this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin How long agreement is effective. new text end

new text begin The agreement,
insofar as it relates to the expenditure limits in section
10B.17 and the contribution limit in section 10B.13, subdivision
5, remains effective for candidates until the dissolution of the
principal campaign committee of the candidate or the end of the
first election cycle completed after the agreement was filed,
whichever occurs first.
new text end

new text begin Subd. 3. new text end

new text begin Agreement by political party. new text end

new text begin (a) As a
condition of receiving a public subsidy, the chair of the state
committee of a political party must sign and file with the board
before the first March 1 of a general election cycle a written
agreement in which the state committee agrees that the political
party and all its party units will comply with section 10B.17.
An agreement once filed may not be rescinded after the first
March 4 of a general election cycle.
new text end

new text begin (b) The board must provide agreement forms to political
parties on request at any time.
new text end

new text begin (c) The agreement not to make independent expenditures
remains in effect until it is rescinded, or the end of the first
general election cycle completed after the agreement was filed,
or the dissolution of the political party, whichever occurs
first.
new text end

new text begin (d) The board must notify the commissioner of revenue of
any agreement filed or rescinded under this subdivision.
new text end

Sec. 33.

new text begin [10B.20] QUALIFYING CONTRIBUTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Amounts. new text end

new text begin In addition to the requirements
of section 10B.19, to be eligible to receive a public subsidy
under section 10B.24, a candidate must receive qualifying
contributions from individuals eligible to vote in this state
and, in the case of a legislative candidate, at least one-half
from individuals eligible to vote for the candidate, in the
amount indicated for the office sought, counting only the first
$5 received from each contributor:
new text end

new text begin (1) candidates for governor and lieutenant governor,
running together, $22,000;
new text end

new text begin (2) candidates for attorney general, secretary of state,
and state auditor, separately, $12,500;
new text end

new text begin (3) candidates for the senate, $1,800; and
new text end

new text begin (4) candidates for the house of representatives, $900.
new text end

new text begin A candidate for statewide office must receive at least five
percent of the qualifying amount from residents of each
congressional district.
new text end

new text begin The amounts in clauses (3) and (4) must be adjusted
following each decennial federal census to represent the ideal
population of a senate or house district, respectively, times
.025, rounded to the nearest $100.
new text end

new text begin Subd. 2. new text end

new text begin Statement of intent to participate. new text end

new text begin A candidate
who intends to participate in the public subsidy program must
file with the board, in a form approved by the board, a
statement of intent to participate. The statement may not be
filed before the beginning of the election cycle.
new text end

new text begin Subd. 3. new text end

new text begin Receipt. new text end

new text begin The board must make available to each
candidate who has filed a statement of intent to participate in
the public subsidy program copies of the official contribution
receipt form designed by the board. The receipt must state that
the contributor understands that the purpose of the contribution
is to help the candidate qualify for a public subsidy. The form
must include space for the contributor's printed name,
signature, and home address, and the name of the candidate on
whose behalf the contribution was made. The candidate or the
treasurer of the candidate's principal campaign committee must
provide to the contributor a receipt, which must be properly
completed and signed by the contributor and returned to the
candidate. The candidate must keep one copy of the receipt and
file a second copy with the board, along with the affidavit of
contributions required by subdivision 4 and a list, in an
electronic format approved by the board, of the names and home
addresses of the contributors and indicating whether the
contributor is eligible to vote for the candidate.
new text end

new text begin Subd. 4. new text end

new text begin Affidavit. new text end

new text begin No sooner than January 1 in the
general election year and no later than the day after the
candidate files the affidavit of candidacy for the office, a
candidate who intends to participate in the public subsidy
program, or the treasurer of the candidate's principal campaign
committee, must file with the board an affidavit stating that,
since January 1 in the year before the general election year,
the candidate's principal campaign committee has received
qualifying contributions in the amount specified in subdivision
1.
new text end

new text begin Subd. 5. new text end

new text begin Special elections. new text end

new text begin A candidate for a vacancy to
be filled at a special election must receive qualifying
contributions in one-third the amounts specified in subdivision
1. If the filing period for the special election does not
coincide with the filing period for the general election, the
candidate must submit the affidavit required by this section to
the board within five days after filing the affidavit of
candidacy.
new text end

Sec. 34.

new text begin [10B.21] STATE ELECTIONS CAMPAIGN FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Established. new text end

new text begin An account is established in
the special revenue fund of the state known as the "state
elections campaign fund."
new text end

new text begin Subd. 2. new text end

new text begin Spending cap. new text end

new text begin The board must not spend from the
state elections campaign fund during a calendar year more than
$5 times the number of Minnesota residents who filed personal
income tax returns during the previous calendar year. The board
may exceed this limit during a calendar year, provided it is
offset by an equal reduction of the limit during another
calendar year during the same gubernatorial election cycle.
new text end

new text begin Subd. 3. new text end

new text begin Excess money. new text end

new text begin At least once each year the
commissioner of finance must forecast the amount of revenue the
state elections campaign fund will collect over the next four
years and the time the revenue will be available. Whenever the
commissioner determines that the balance in the fund is greater
than will be needed to meet current debts plus anticipated
expenses, taking into account the revenue forecast, the
commissioner must transfer the excess balance to the general
fund. The amount transferred is appropriated from the general
fund to the Board of Public Defense.
new text end

new text begin Subd. 4. new text end

new text begin Deficiency. new text end

new text begin At least once each year, the board
must forecast the amount of public subsidy from the state
elections campaign fund for which all candidates will qualify
for the following calendar year. By the end of each year, the
board must announce whether the amount that will be needed the
following year for public subsidies from the state elections
campaign fund will exceed the amount that will be available. If
the board determines that the fund will be deficient, the board
may include in the announcement decreases in the amounts of
public subsidies that will be paid, in the following order:
new text end

new text begin (1) first, the board may announce a decrease in the rate at
which a public subsidy will be paid to match excess
contributions under section 10B.24, subdivision 7, and
independent expenditures under section 10B.24, subdivision 8;
and
new text end

new text begin (2) second, the board may announce a reduction in the
percentage of a candidate's spending limit that will be paid as
a public subsidy under section 10B.24, subdivisions 4 to 6.
new text end

new text begin Subd. 5. new text end

new text begin Emergency. new text end

new text begin If a deficiency arises in the state
elections campaign fund that cannot be met by reductions under
subdivision 4, the board must declare an emergency and reduce
public subsidy payments proportionately among all candidates
entitled to them.
new text end

Sec. 35.

new text begin [10B.22] PUBLIC SUBSIDY.
new text end

new text begin Subdivision 1. new text end

new text begin Payment to participating candidates. new text end

new text begin Upon
determining that a candidate has met all the requirements for
receiving a public subsidy, the board must designate the
candidate as "participating." The board must pay each
participating candidate a public subsidy as provided in this
section. The payment must be in the form of a check made
"payable to the campaign fund of ...... (name of candidate)."
An amount sufficient to make the payment is appropriated to the
board from the state elections campaign fund.
new text end

new text begin Subd. 2. new text end

new text begin Public subsidy base. new text end

new text begin (a) The public subsidy
base for each candidate is as follows:
new text end

new text begin (1) for governor and lieutenant governor, running together,
$1,520,000;
new text end

new text begin (2) for attorney general, secretary of state, and state
auditor, separately, $300,000;
new text end

new text begin (3) for state senator, $52,000; and
new text end

new text begin (4) for state representative, $26,000.
new text end

new text begin (b) The public subsidy base in paragraph (a) is increased
by ten percent for a candidate who is running for that office
for the first time and who has not run previously 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
office.
new text end

new text begin Subd. 3. new text end

new text begin Adjustment by consumer price index. new text end

new text begin (a) The
dollar amounts in subdivision 2 must be adjusted for general
election years as provided in this subdivision. In the year
before each general election year, the executive director of the
board must determine the percentage increase in the Consumer
Price Index from December of the second preceding general
election year to December of the last general election year.
The dollar amounts used for the preceding general election year
must be multiplied by that percentage. The product of the
calculation, rounded up to the next highest $100 increment, must
be added to each dollar amount to produce the dollar limitations
to be in effect for the next general election. The index used
must be the revised Consumer Price Index for all urban consumers
for the St. Paul-Minneapolis metropolitan area prepared by the
United States Department of Labor.
new text end

new text begin (b) By April 1 of the year before each election year, the
board must publish in the State Register the public subsidy base
for each office for that calendar year under subdivision 2 as
adjusted by this subdivision. The revisor of statutes must code
the adjusted amounts of the public subsidy base in the next
edition of Minnesota Statutes.
new text end

new text begin Subd. 4. new text end

new text begin Payment upon qualifying. new text end

new text begin Within one week after
it has designated a candidate as participating, the board must
pay to the participating candidate an amount equal to 20 percent
of the participating candidate's public subsidy base.
new text end

new text begin Subd. 5. new text end

new text begin Payment upon filing for office. new text end

new text begin Within one week
after the close of filings for office, the board must pay a
participating candidate who has an opponent in either the
primary or the general election an amount equal to 20 percent of
the candidate's public subsidy base.
new text end

new text begin Subd. 6. new text end

new text begin Payment for general election. new text end

new text begin As soon as the
board has obtained from the secretary of state the results of
the primary election, but no later than one week after the state
canvassing board has certified the results of the primary, the
board must pay to each participating candidate whose name will
appear on the ballot in the general election an amount equal to
60 percent of the candidate's public subsidy base, except that a
candidate who has no opponent in the general election must be
paid an amount equal to six percent of the candidate's public
subsidy base.
new text end

new text begin Subd. 7. new text end

new text begin Payment to match excess contributions. new text end

new text begin Upon
receipt of a report of excess contributions under section
10B.12, subdivision 7, the board must notify any participating
opponent of the nonparticipating candidate of the amount of the
excess. Upon receipt of the first report, the board must pay
the participating candidate an additional public subsidy equal
to the participating candidate's public subsidy base. The
additional subsidy may only be spent in an amount equal to the
excess contributions reported for that election cycle.
new text end

new text begin Subd. 8. new text end

new text begin Payment to match independent expenditures. new text end

new text begin (a)
Within 24 hours after receipt of a notice of independent
expenditures under section 10B.12, subdivision 10, the board
must notify each participating candidate in the affected race of
the amount of the independent expenditure. Along with the first
notice under this subdivision, the board must pay to each
participating candidate who is adversely affected by the
independent expenditure an additional public subsidy in an
amount equal to the participating candidate's public subsidy
base, to be spent only as provided in this subdivision. A
candidate is "adversely affected" if the independent expenditure
is made to defeat the candidate or to nominate or elect an
opponent of the candidate. Before the primary election, an
"opponent" includes the candidates whose names are on the ballot
for the primary of the same major party or, if there is none,
the candidates whose names will be on the ballot for the general
election.
new text end

new text begin (b) If the independent expenditure is made to defeat a
participating candidate, the additional subsidy may be spent in
an amount equal to the independent expenditures made to defeat
the participating candidate reported for that election cycle.
new text end

new text begin (c) If the independent expenditure is made to nominate or
elect a candidate and the sum of assets carried forward,
contributions received as of the last reporting date, public
subsidy received, and independent expenditures made to elect the
candidate exceeds 120 percent of the spending limit for a
participating opponent candidate for the legislature or 110
percent of the spending limit for a participating opponent
candidate for constitutional officer, the participating opponent
may spend the additional public subsidy in an amount equal to
one-half the excess independent expenditures to nominate or
elect the candidate reported for that election cycle.
new text end

new text begin (d) If an individual, political committee, political fund,
or party unit has made expenditures to nominate or elect a
candidate, any expenditure by the spender during the same
election cycle to defeat the candidate or to nominate or elect
an opponent of the candidate does not authorize the candidate to
spend matching money under paragraph (b) or (c).
new text end

new text begin Subd. 9. new text end

new text begin Payment for special election. new text end

new text begin The board must
pay each participating candidate for legislative office in a
special election an amount equal to the candidate's public
subsidy base within 48 hours after the candidate has been
designated as participating, but the candidate may spend only an
amount equal to 20 percent of the candidate's public subsidy
base upon being designated as participating. A candidate who
has an opponent in either the primary or general election may
spend an additional amount equal to 20 percent of the
participating candidate's public subsidy base upon filing for
office, and a candidate whose name has been certified to appear
on the ballot for the general election may spend an additional
amount equal to 60 percent of the candidate's public subsidy
base. Any amount not spent by the candidate must be returned to
the board under section 10B.23.
new text end

new text begin Subd. 10. new text end

new text begin Payment withheld. new text end

new text begin If a candidate has not yet
filed a campaign finance report required by section 10B.12, or
the candidate owes money to the board, the board must withhold
the candidate's public subsidy until the report has been filed
or the debt has been paid, whichever applies. If the report has
not been filed or the debt has not been paid to the board by the
end of the fiscal year, the subsidy must be applied to the debts
owed by the candidate to the board and any remaining amount must
be canceled to the general fund.
new text end

Sec. 36.

new text begin [10B.23] RETURN OF PUBLIC SUBSIDY.
new text end

new text begin Subdivision 1. new text end

new text begin When return required. new text end

new text begin A candidate must
return all or a portion of the public subsidy received under
section 10B.22 under the circumstances in this section or
section 10B.24, subdivision 1.
new text end

new text begin To the extent that the amount of public subsidy received
exceeds the actual expenditures made by the principal campaign
committee 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.
new text end

new text begin Subd. 2. new text end

new text begin How return determined. new text end

new text begin Whether or not a
candidate is required under subdivision 1 to return all or a
portion of the public subsidy must be determined from the report
required to be filed with the board by that candidate by January
31 of the year following an election. An amount required to be
returned must be submitted in the form of a check or money order
and must accompany the report filed with the board. The board
must deposit the check or money order in the state treasury for
credit to the general fund. The amount returned must not exceed
the amount of public subsidy received by the candidate.
new text end

Sec. 37.

new text begin [10B.24] CARRYFORWARD.
new text end

new text begin Subdivision 1. new text end

new text begin Unused funds. new text end

new text begin After all campaign
expenditures and noncampaign disbursements for an election cycle
have been made, a principal campaign committee may carry forward
assets equal to the amount that the candidate may spend in the
next election cycle before being designated a participating
candidate for the same office, as set forth in section 10B.17,
subdivision 2, paragraph (b). Any remaining assets up to the
total amount of the public subsidy received under section 10B.22
must be returned to the state treasury for credit to the general
fund under section 10B.23. Any remaining assets in excess of
the total public subsidy must be contributed to the general
fund, a public school, or a charity, or to a political party.
new text end

new text begin Subd. 2. new text end

new text begin Unused postage and credit balances carried
forward. new text end

new text begin Postage that is purchased but not used during an
election cycle and credit balances at vendors that exceed a
combined total of $500 must be carried forward and counted as
expenditures during the election cycle during which they are
used.
new text end

Sec. 38.

new text begin [10B.25] PENALTY FOR EXCEEDING LIMITS.
new text end

new text begin Subdivision 1. new text end

new text begin Exceeding contribution limits. new text end

new text begin (a) A
candidate who permits the candidate's principal campaign
committee, or the treasurer of a political committee, political
fund, or party unit who permits the committee, fund, or party
unit to accept contributions in excess of the limits imposed by
section 10B.13, is subject to a civil penalty of up to ten times
the amount by which the contribution exceeds the limits.
new text end

new text begin (b) The board may order a candidate who has permitted the
candidate's principal campaign committee to accept contributions
in excess of the limits imposed by section 10B.13 to return any
public subsidy the candidate has received. The board must
deposit the amount returned in the state treasury and credit it
to the general fund.
new text end

new text begin (c) The board may recommend that a candidate who was
nominated or elected to office after violating section 10B.13
should forfeit the nomination or office.
new text end

new text begin (d) A political committee, political fund, or principal
campaign committee that makes a contribution in excess of the
limits imposed by section 10B.13 is subject to a civil penalty
of up to ten times the amount by which the contribution exceeds
the limits.
new text end

new text begin Subd. 2. new text end

new text begin Exceeding expenditure limits. new text end

new text begin (a) A candidate
subject to the expenditure limits in section 10B.17 who permits
the candidate's principal campaign committee to make
expenditures or permits approved expenditures to be made on the
candidate's behalf in excess of the limits imposed by section
10B.17 is subject to a civil penalty imposed by the board of up
to ten times the amount by which the expenditures exceed the
limit.
new text end

new text begin (b) The board may order a candidate subject to the
expenditure limits in section 10B.17 who has permitted the
candidate's principal campaign committee to make expenditures or
has permitted approved expenditures to be made on the
candidate's behalf in excess of the limits imposed by section
10B.17 to return to the board any public subsidy the candidate
has received. The board must deposit the amount returned in the
state treasury and credit it to the general fund.
new text end

new text begin (c) The board may recommend that a candidate who was
nominated or elected after violating the limits in section
10B.17 should forfeit the nomination or office.
new text end

new text begin (d) The chair of a political party or party unit subject to
the prohibition in section 10B.17 that makes expenditures in
violation of section 10B.17 is subject to a civil fine of up to
ten times the amount of the expenditures.
new text end

new text begin Subd. 3. new text end

new text begin Conciliation agreement. new text end

new text begin If the board finds that
there is reason to believe that excess contributions have been
accepted contrary to section 10B.13 or excess expenditures made
contrary to section 10B.17, the board must make every effort for
a period of at least 14 days after its finding to correct the
matter by informal methods of conference and conciliation and to
enter a conciliation agreement with the person involved. A
conciliation agreement under this subdivision is a matter of
public record. Unless violated, a conciliation agreement is a
bar to any civil proceeding under subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Civil action. new text end

new text begin (a) If the board is unable after
a reasonable time to correct by informal methods a matter that
constitutes probable cause to believe that excess contributions
have been accepted contrary to section 10B.13 or excess
expenditures made contrary to section 10B.17, the board must
make a public finding of probable cause in the matter. After
making a public finding, the board must bring an action, or
transmit the finding to a county attorney who must bring an
action, in the district court of Ramsey county or, in the case
of a legislative candidate, the district court of a county
within the legislative district, to collect a civil penalty
imposed by the board, to demand the return of any public subsidy
paid to the candidate, or to have the nomination or office
declared forfeited. All money recovered under this section must
be deposited in the state treasury and credited to the general
fund.
new text end

new text begin (b) If a candidate is judged to have violated section
10B.13 or 10B.17, the court, after entering the judgment, may
enter a supplemental judgment declaring that the candidate has
forfeited the nomination or office, except as provided in
paragraph (c). If the court enters the supplemental judgment,
it must transmit to the filing officer a transcript of the
supplemental judgment, the nomination or office becomes vacant,
and the vacancy must be filled as provided by law.
new text end

new text begin (c) If the candidate has been elected to the legislature,
the court, after entering the judgment that the candidate has
violated section 10B.13 or 10B.17, must transmit a transcript of
the judgment to the secretary of the senate or the chief clerk
of the house of representatives, as appropriate, for further
consideration by the house to which the candidate was elected.
new text end

Sec. 39.

new text begin [10B.26] DISSOLUTION OF INACTIVE COMMITTEES AND
FUNDS.
new text end

new text begin Subdivision 1. new text end

new text begin Dissolution required. new text end

new text begin 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 fund within 60 days
after the board notifies the committee or fund that it has
become inactive.
new text end

new text begin Subd. 2. 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) when six years have elapsed since the last election in
which the person 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) when six years have elapsed since the last day on which
the individual for whom it exists served in an elective office
subject to this chapter.
new text end

new text begin (b) A political committee or fund becomes inactive when two
years have elapsed since the end of a reporting period during
which the political committee or fund made an expenditure or
disbursement requiring disclosure under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Remaining debts. new text end

new text begin If a committee or fund becomes
inactive when it still has unpaid debts, the committee or fund
must liquidate available assets to pay the debts. If
insufficient assets exist to pay the debts, the board may set up
a payment schedule and allow the committee or fund to defer
dissolution until all debts are paid. This section does not
extinguish debts incurred by the committee or fund.
new text end

Sec. 40.

new text begin [10B.27] DISSOLUTION OR TERMINATION.
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 not dissolve until it has settled all of its
debts and disposed of all its assets in excess of $100 and filed
a termination report. "Assets" include credit balances at
vendors and physical assets such as computers and postage
stamps. Physical assets must be listed at their fair market
value. The termination report may be made at any time and must
include all information required in periodic reports.
new text end

new text begin Subd. 2. new text end

new text begin Termination allowed. new text end

new text begin Notwithstanding
subdivision 1, a committee, fund, or party unit that has debts
incurred more than six years previously, has disposed of all its
assets, and has met the requirements of section 10B.12,
subdivision 11, may notify any remaining creditors by certified
mail and then file a termination report.
new text end

Sec. 41.

new text begin [10B.28] TRANSFER OF DEBTS.
new text end

new text begin Notwithstanding section 10B.27, 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
10B.12 and, for purposes of section 10B.23, is a contribution to
the principal campaign committee from which the debt was
transferred under this section.
new text end

Sec. 42.

Minnesota Statutes 2004, section 129D.13, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Free time for political candidates. new text end

new text begin A station
that receives a grant under this section must make available
free time to each political candidate who has been designated by
the campaign finance and public disclosure board as
participating in the public subsidy program under section
10B.22. The amount of free time is 30 minutes each election
cycle for a candidate for state constitutional officer and 60
seconds each election cycle for a candidate for the
legislature. The free time for a candidate for state
constitutional officer or video clip must be broadcast time.
The free time for a candidate for the legislature may be either
broadcast time or an archived video clip on the station's Web
site. The broadcast or video clip must include only the
candidate speaking in the candidate's own voice.
new text end

Sec. 43.

Minnesota Statutes 2004, section 129D.14, is
amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Free time for political candidates. new text end

new text begin A station
that receives a grant under this section must make available
free time to each political candidate who has been designated by
the campaign finance and public disclosure board as
participating in the public subsidy program under section
10B.22. The amount of free time is 30 minutes each election
cycle for a candidate for state constitutional officer and 60
seconds each election cycle for a candidate for the
legislature. The free time for a candidate for state
constitutional officer or audio clip must be broadcast time.
The free time for a candidate for the legislature may be either
broadcast time or an archived audio clip on the station's Web
site. The broadcast or audio clip must include only the
candidate speaking in the candidate's own voice.
new text end

Sec. 44.

Minnesota Statutes 2004, section 204B.11,
subdivision 1, is amended to read:

Subdivision 1.

Amount; dishonored checks; consequences.

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

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

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

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

(d) for a county office, $50; and

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

new text begin For a candidate who has raised the necessary qualifying
contributions and been designated by the campaign finance and
public disclosure board under section 10B.22 as participating in
the public subsidy program, no filing fee is required.
new text end

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

The filing fees received by the county auditor shall
immediately be paid to the county treasurer. The filing fees
received by the secretary of state shall immediately be paid to
the commissioner of finance.

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

Sec. 45.

new text begin [204B.275] VOTER'S GUIDE.
new text end

new text begin Subdivision 1. new text end

new text begin Guide required. new text end

new text begin At least 21 days before
the state primary and the state general election, the secretary
of state shall publish a voter's guide. The secretary of state
shall mail the voter's guide to every household in the state and
then publish the guide on the secretary of state's Web site.
new text end

new text begin Subd. 2. new text end

new text begin General information. new text end

new text begin The voter's guide must
include general voter information, including: requirements for
voter eligibility; procedures for voter registration; day and
date of election and hours to vote; information on how to find
the location of the voter's correct polling place; information
on procedures for obtaining application forms for voting by
absentee ballot; information on assistance available to persons
with disabilities and the right to time off from work to vote;
maps of election districts and telephone numbers of state and
county election officials; information about the political
contribution refund program; and street address, telephone
number, and Web site for the campaign finance and public
disclosure board.
new text end

new text begin Subd. 3. new text end

new text begin Political party information. new text end

new text begin The voter's guide
must include political party information, including: the name
of each political party that has a candidate on the ballot in
any partisan state or federal race; a summary of each party's
basic purpose, written and authorized by the party in 250 words
or less; and mailing address, telephone number, and Web site of
each state party headquarters.
new text end

new text begin Subd. 4. new text end

new text begin Elected office information. new text end

new text begin The voter's guide
must include elected office information, including: each state
and federal office to which candidates are to be nominated or
elected at the current election; requirements and procedures to
get on the ballot for each office; eligibility requirements and
salary for each office; duties and responsibilities of each
office; length of term for each office and number of terms
allowed; street address, telephone number, and Web site of the
office (if available); and name of current office holder and
number of terms served.
new text end

new text begin Subd. 5. new text end

new text begin Candidate information. new text end

new text begin The voter's guide must
include candidate information for all state and federal offices
to which candidates are to be nominated or elected, including
the following:
new text end

new text begin (1) candidates listed in alphabetical order after the
description of the office they are seeking;
new text end

new text begin (2) biographical information on each candidate provided by
the candidate, not to exceed 50 words, and including political
party affiliation (if running for partisan office), date of
birth, number of years living in this state, current city or
town of residence, current occupation, occupational background,
educational background, experience with civic organizations,
awards, and prior government experience;
new text end

new text begin (3) a candidate photo if provided by the candidate;
new text end

new text begin (4) a candidate statement for partisan offices only, if
provided by the candidate and not to exceed 250 words; and
new text end

new text begin (5) address, telephone number, and Web site for the
candidate's campaign.
new text end

new text begin Subd. 6. new text end

new text begin Constitutional amendments. new text end

new text begin The voter's guide
must include proposed constitutional amendment information,
including: requirements and procedures to get an amendment on
the ballot; a summary of each proposed amendment written by the
chief house and senate authors of the legislation proposing the
amendment and not to exceed 100 words; the estimated cost of the
proposed amendment determined by an independent financial
analyst secured by the secretary of state; one statement in
favor of and one statement against the amendment, not to exceed
250 words each, and names of individuals or organizations
writing or supporting those arguments; and the full text of the
proposed amendment. To obtain arguments for and against an
amendment, the secretary of state shall request the arguments
from the public 120 days before the general election. The
amendment's legislative authors may write a statement in support
of their amendment, or may select from those submitted to the
secretary of state. The secretary of state shall select the
most persuasive statement against the amendment.
new text end

new text begin Subd. 7. new text end

new text begin Forms. new text end

new text begin The secretary of state or county auditor
shall provide each person filing an affidavit of candidacy for
state or federal office with blank forms and instructions to be
used by the candidates to submit information for the voter's
guide. Candidates must submit information for the voter's guide
to the secretary of state no later than six weeks before the
state primary election. The secretary of state shall not edit
any of the material submitted by a candidate. The secretary of
state shall provide the candidates an opportunity to review
their own submitted material before publication.
new text end

new text begin Subd. 8. new text end

new text begin Rejection of statement. new text end

new text begin The secretary of state
must reject and immediately return to the candidate any
statement that exceeds the word limit provided in this section
or that contains obscene or defamatory language, or contains any
language that may not be legally circulated through the mail.
No later than five business days after the rejection of any
material submitted by a candidate, an appeal of the decision of
the secretary of state may be made to the board of review. The
board of review consists of one member appointed by each of the
following: the governor, speaker of the house, house minority
leader, senate majority leader, and senate minority leader. The
decision of the board in any appeal made as provided in this
subdivision is final. Nothing in this section exempts the
author of the material submitted to the secretary of state from
any civil or criminal action for defamation or fraud. The
person writing, signing, or offering a statement to the
secretary of state is deemed its author and publisher.
new text end

new text begin Subd. 9. new text end

new text begin Cost. new text end

new text begin The cost of producing the voter's guide
must be paid from appropriations made to the secretary of state
from the state elections campaign fund.
new text end

Sec. 46.

Minnesota Statutes 2004, section 211A.13, is
amended to read:

211A.13 PROHIBITED TRANSFERS.

A candidate for political subdivision office must not
accept contributions from the principal campaign committee of a
candidate as defined in section deleted text begin 10A.01 deleted text end new text begin 10B.01 new text end , subdivision deleted text begin 34
deleted text end new text begin 8 new text end . A candidate for political subdivision office must not make
contributions to a principal campaign committee, unless the
contribution is made from the personal funds of the candidate
for political subdivision office.

Sec. 47.

Minnesota Statutes 2004, section 211B.12, is
amended to read:

211B.12 LEGAL EXPENDITURES.

Use of money collected for political purposes is prohibited
unless the use is reasonably related to the conduct of election
campaigns, or is a noncampaign disbursement as defined in
section deleted text begin 10A.01 deleted text end new text begin 10B.01 new text end , subdivision deleted text begin 26 deleted text end new text begin 20 new text end . The following are
permitted expenditures when made for political purposes:

(1) salaries, wages, and fees;

(2) communications, mailing, transportation, and travel;

(3) campaign advertising;

(4) printing;

(5) office and other space and necessary equipment,
furnishings, and incidental supplies;

(6) charitable contributions of not more than $50 to any
charity annually; and

(7) other expenses, not included in clauses (1) to (6),
that are reasonably related to the conduct of election campaigns.
In addition, expenditures made for the purpose of providing
information to constituents, whether or not related to the
conduct of an election, are permitted expenses. Money collected
for political purposes and assets of a political committee or
political fund may not be converted to personal use.

Sec. 48.

Minnesota Statutes 2004, section 211B.15,
subdivision 16, is amended to read:

Subd. 16.

Employee political fund solicitation.

Any
solicitation of political contributions by an employee must be
in writing, informational and nonpartisan in nature, and not
promotional for any particular candidate or group of
candidates. The solicitation must consist only of a general
request on behalf of deleted text begin an independent political committee ( deleted text end new text begin a
new text end conduit fund deleted text begin ) deleted text end new text begin , and as defined in section 10B.01, subdivision 9,
new text end and must state that there is no minimum contribution, that a
contribution or lack thereof will in no way impact the
employee's employment, that the employee must direct the
contribution to candidates of the employee's choice, and that
any response by the employee shall remain confidential and shall
not be directed to the employee's supervisors or managers.
Questions from an employee regarding a solicitation may be
answered orally or in writing consistent with the above
requirements. Nothing in this subdivision authorizes a
corporate donation of an employee's time prohibited under
subdivision 2.

Sec. 49.

new text begin [211B.22] PARTICIPATING CANDIDATE CAMPAIGN
MATERIAL.
new text end

new text begin A candidate may not claim in any campaign material or
communication to be a "participating candidate" unless the
candidate has been designated a participating candidate by the
campaign finance and public disclosure board under section
10B.22 for participating in the public subsidy program.
new text end

Sec. 50.

Minnesota Statutes 2004, section 290.191,
subdivision 5, is amended to read:

Subd. 5.

Determination of sales factor.

For purposes of
this section, the following rules apply in determining the sales
factor.

(a) The sales factor includes all sales, gross earnings, or
receipts received in the ordinary course of the business, except
that the following types of income are not included in the sales
factor:

(1) interest;

(2) dividends;

(3) sales of capital assets as defined in section 1221 of
the Internal Revenue Code;

(4) sales of property used in the trade or business, except
sales of leased property of a type which is regularly sold as
well as leased;

(5) sales of debt instruments as defined in section
1275(a)(1) of the Internal Revenue Code or sales of stock; and

(6) royalties, fees, or other like income of a type which
qualify for a subtraction from federal taxable income under
section 290.01, subdivision 19d(10).

(b) Sales of tangible personal property are made within
this state if the property is received by a purchaser at a point
within this state, and the taxpayer is taxable in this state,
regardless of the f.o.b. point, other conditions of the sale, or
the ultimate destination of the property.

(c) Tangible personal property delivered to a common or
contract carrier or foreign vessel for delivery to a purchaser
in another state or nation is a sale in that state or nation,
regardless of f.o.b. point or other conditions of the sale. new text begin If
the taxpayer is not taxable in the state of the delivery and the
property is shipped from an office, factory, warehouse, or other
place of storage in this state, sales of tangible personal
property outside this state are attributed to this state
regardless of the terms of shipping, delivery, or other
conditions of sale.
new text end

(d) Notwithstanding paragraphs (b) and (c), when
intoxicating liquor, wine, fermented malt beverages, cigarettes,
or tobacco products are sold to a purchaser who is licensed by a
state or political subdivision to resell this property only
within the state of ultimate destination, the sale is made in
that state.

(e) Sales made by or through a corporation that is
qualified as a domestic international sales corporation under
section 992 of the Internal Revenue Code are not considered to
have been made within this state.

(f) Sales, rents, royalties, and other income in connection
with real property is attributed to the state in which the
property is located.

(g) Receipts from the lease or rental of tangible personal
property, including finance leases and true leases, must be
attributed to this state if the property is located in this
state and to other states if the property is not located in this
state. Receipts from the lease or rental of moving property
including, but not limited to, motor vehicles, rolling stock,
aircraft, vessels, or mobile equipment are included in the
numerator of the receipts factor to the extent that the property
is used in this state. The extent of the use of moving property
is determined as follows:

(1) A motor vehicle is used wholly in the state in which it
is registered.

(2) The extent that rolling stock is used in this state is
determined by multiplying the receipts from the lease or rental
of the rolling stock by a fraction, the numerator of which is
the miles traveled within this state by the leased or rented
rolling stock and the denominator of which is the total miles
traveled by the leased or rented rolling stock.

(3) The extent that an aircraft is used in this state is
determined by multiplying the receipts from the lease or rental
of the aircraft by a fraction, the numerator of which is the
number of landings of the aircraft in this state and the
denominator of which is the total number of landings of the
aircraft.

(4) The extent that a vessel, mobile equipment, or other
mobile property is used in the state is determined by
multiplying the receipts from the lease or rental of the
property by a fraction, the numerator of which is the number of
days during the taxable year the property was in this state and
the denominator of which is the total days in the taxable year.

(h) Royalties and other income not described in paragraph
(a), clause (6), received for the use of or for the privilege of
using intangible property, including patents, know-how,
formulas, designs, processes, patterns, copyrights, trade names,
service names, franchises, licenses, contracts, customer lists,
or similar items, must be attributed to the state in which the
property is used by the purchaser. If the property is used in
more than one state, the royalties or other income must be
apportioned to this state pro rata according to the portion of
use in this state. If the portion of use in this state cannot
be determined, the royalties or other income must be excluded
from both the numerator and the denominator. Intangible
property is used in this state if the purchaser uses the
intangible property or the rights therein in the regular course
of its business operations in this state, regardless of the
location of the purchaser's customers.

(i) Sales of intangible property are made within the state
in which the property is used by the purchaser. If the property
is used in more than one state, the sales must be apportioned to
this state pro rata according to the portion of use in this
state. If the portion of use in this state cannot be
determined, the sale must be excluded from both the numerator
and the denominator of the sales factor. Intangible property is
used in this state if the purchaser used the intangible property
in the regular course of its business operations in this state.

(j) Receipts from the performance of services must be
attributed to the state where the services are received. For
the purposes of this section, receipts from the performance of
services provided to a corporation, partnership, or trust may
only be attributed to a state where it has a fixed place of
doing business. If the state where the services are received is
not readily determinable or is a state where the corporation,
partnership, or trust receiving the service does not have a
fixed place of doing business, the services shall be deemed to
be received at the location of the office of the customer from
which the services were ordered in the regular course of the
customer's trade or business. If the ordering office cannot be
determined, the services shall be deemed to be received at the
office of the customer to which the services are billed. new text begin If the
taxpayer is not taxable in the state of the purchaser, the sale
is attributed to this state if the greater proportion of the
service is performed in this state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable
years beginning after December 31, 2004.
new text end

Sec. 51.

Minnesota Statutes 2004, section 340A.404,
subdivision 10, is amended to read:

Subd. 10.

Temporary on-sale licenses.

The governing body
of a municipality may issue to (1) a club or charitable,
religious, or other nonprofit organization in existence for at
least three years, (2) a political committee registered under
section deleted text begin 10A.14 deleted text end new text begin 10B.07 new text end , or (3) a state university, a temporary
license for the on-sale of intoxicating liquor in connection
with a social event within the municipality sponsored by the
licensee. The license may authorize the on-sale of intoxicating
liquor for not more than four consecutive days, and may
authorize on-sales on premises other than premises the licensee
owns or permanently occupies. The license may provide that the
licensee may contract for intoxicating liquor catering services
with the holder of a full-year on-sale intoxicating liquor
license issued by any municipality. The licenses are subject to
the terms, including a license fee, imposed by the issuing
municipality. Licenses issued under this subdivision are
subject to all laws and ordinances governing the sale of
intoxicating liquor except sections 340A.409 and 340A.504,
subdivision 3, paragraph (d), and those laws and ordinances
which by their nature are not applicable. Licenses under this
subdivision are not valid unless first approved by the
commissioner of public safety.

A county under this section may issue a temporary license
only to a premises located in the unincorporated or unorganized
territory of the county.

Sec. 52.

Minnesota Statutes 2004, section 353.03,
subdivision 1, is amended to read:

Subdivision 1.

Management; composition; election.

The
management of the public employees retirement fund is vested in
an 11-member board of trustees consisting of ten members and the
state auditor who may designate a deputy auditor with expertise
in pension matters as the auditor's representative on the
board. The governor shall appoint five trustees to four-year
terms, one of whom shall be designated to represent school
boards, one to represent cities, one to represent counties, one
who is a retired annuitant, and one who is a public member
knowledgeable in pension matters. The membership of the
association, including recipients of retirement annuities and
disability and survivor benefits, shall elect five trustees, one
of whom must be a member of the police and fire fund and one of
whom must be a former member who met the definition of public
employee under section 353.01, subdivisions 2 and 2a, for at
least five years prior to terminating membership or a member who
receives a disability benefit, for terms of four years. Except
as provided in this subdivision, trustees elected by the
membership of the association must be public employees and
members of the association. For seven days beginning October 1
of each year preceding a year in which an election is held, the
association shall accept at its office filings in person or by
mail of candidates for the board of trustees. A candidate shall
submit at the time of filing a nominating petition signed by 25
or more members of the fund. No name may be withdrawn from
nomination by the nominee after October 15. At the request of a
candidate for an elected position on the board of trustees, the
board shall mail a statement of up to 300 words prepared by the
candidate to all persons eligible to vote in the election of the
candidate. The board may adopt policies to govern form and
length of these statements, timing of mailings, and deadlines
for submitting materials to be mailed. These policies must be
approved by the secretary of state. The secretary of state
shall resolve disputes between the board and a candidate
concerning application of these policies to a particular
statement. A candidate who:

(1) receives contributions or makes expenditures in excess
of $100; or

(2) 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 candidate's
election, shall file a report with the campaign finance and
public disclosure board disclosing the source and amount of all
contributions to the candidate's campaign. The campaign finance
and public disclosure board shall prescribe forms governing
these disclosures. Expenditures and contributions have the
meaning defined in section deleted text begin 10A.01 deleted text end new text begin 10B.01 new text end . These terms do not
include the mailing made by the association board on behalf of
the candidate. A candidate shall file a report within 30 days
from the day that the results of the election are announced.
The Campaign Finance and Public Disclosure Board shall maintain
these reports and make them available for public inspection in
the same manner as the board maintains and makes available other
reports filed with it. By January 10 of each year in which
elections are to be held the board shall distribute by mail to
the members ballots listing the candidates. No member may vote
for more than one candidate for each board position to be
filled. A ballot indicating a vote for more than one person for
any position is void. No special marking may be used on the
ballot to indicate incumbents. The last day for mailing ballots
to the fund is January 31. Terms expire on January 31 of the
fourth year, and positions are vacant until newly elected
members are qualified. The ballot envelopes must be so designed
and the ballots counted in a manner that ensures that each vote
is secret.

The secretary of state shall supervise the elections. The
board of trustees and the executive director shall undertake
their activities consistent with chapter 356A.

Sec. 53.

Minnesota Statutes 2004, section 383B.042,
subdivision 5, is amended to read:

Subd. 5.

Transition.

new text begin Subdivision 1. new text end

new text begin Election cycle. new text end

new text begin Notwithstanding Minnesota
Statutes, section 10B.01, subdivision 14, the first election
cycle begins on the effective date of Minnesota Statutes,
section 10B.13, and concludes on December 31 following the next
general election for the office.
new text end

new text begin Subd. 2. new text end

new text begin Contribution limits. new text end

new text begin Contributions to a
candidate that were made before the effective date of Minnesota
Statutes, section 10B.13, and were lawful when made need not be
refunded, even though they exceed the new limits on
contributions in Minnesota Statutes, section 10B.13.
new text end

new text begin Subd. 3. new text end

new text begin Expenditure limits. new text end

new text begin All spending limit
agreements filed with the campaign finance and public disclosure
board before the effective date of Minnesota Statutes, section
10B.19, become void on that date and all eligibility for
continued public subsidies under Minnesota Statutes, chapter 10A
or 290, is ended on that date. The new expenditure limits and
eligibility for a public subsidy under this act apply to
candidates who sign and file with the campaign finance and
public disclosure board a new spending limit agreement under
Minnesota Statutes, section 10B.19, on or after its effective
date.
new text end

new text begin Subd. 4. new text end

new text begin Carryforward. new text end

new text begin The carryforward limitations in
Minnesota Statutes, section 10B.24, apply to assets on hand on
the effective date of that section, except that capital assets
of a principal campaign committee acquired more than 90 days
before the effective date of Minnesota Statutes, section 10B.24,
may be carried forward to the first election cycle under this
act without limit on their value.
new text end

Sec. 55. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 10A.01, subdivisions 3,
4, 6, 7, 9, 10, 11, 12, 13, 15, 16, 17, 18, 20, 23, 25, 26, 27,
28, 29, 30, 32, 34, and 36; 10A.105; 10A.11; 10A.12; 10A.13;
10A.14; 10A.15; 10A.16; 10A.17; 10A.18; 10A.20; 10A.24; 10A.241;
10A.242; 10A.25; 10A.255; 10A.257; 10A.27; 10A.273; 10A.275;
10A.28; 10A.29; 10A.30; 10A.31; 10A.315; 10A.321; 10A.322;
10A.323; 10A.324; and 290.06, subdivision 23, are repealed.
new text end

Sec. 56. new text begin INSTRUCTION TO REVISOR.
new text end

new text begin In the next edition of Minnesota Statutes, the revisor of
statutes must note that the sections of Minnesota Statutes
listed in column A have been reenacted, as amended, as the
sections of Minnesota Statutes listed in column B, as follows:
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new text begin Column A new text end new text begin Column B
10A.01, subd. 3 new text end new text begin 10B.01, subd. 2
subd. 4 new text end new text begin subd. 3
subd. 6 new text end new text begin subd. 4
subd. 7 new text end new text begin subd. 5
subd. 9 new text end new text begin subd. 7
subd. 10 new text end new text begin subd. 8
subd. 10a new text end new text begin subd. 9
subd. 11 new text end new text begin subd. 10
subd. 12 new text end new text begin subd. 11
subd. 13 new text end new text begin subd. 12
subd. 15 new text end new text begin subd. 13
subd. 16 new text end new text begin subd. 14
subd. 17 new text end new text begin subd. 15
subd. 18 new text end new text begin subd. 16
subd. 20 new text end new text begin subd. 17
subd. 23 new text end new text begin subd. 18
subd. 25 new text end new text begin subd. 19
subd. 26 new text end new text begin subd. 20
subd. 27 new text end new text begin subd. 21
subd. 28 new text end new text begin subd. 22
subd. 29 new text end new text begin subd. 23
subd. 30 new text end new text begin subd. 24
subd. 32 new text end new text begin subd. 25
subd. 34 new text end new text begin subd. 26
subd. 36 new text end new text begin subd. 27
10A.105 new text end new text begin 10B.02
10A.11 new text end new text begin 10B.03
10A.12 new text end new text begin 10B.04
10A.13 new text end new text begin 10B.06
10A.14 new text end new text begin 10B.07
10A.15 new text end new text begin 10B.08
10A.16 new text end new text begin 10B.09
10A.17 new text end new text begin 10B.10
10A.18 new text end new text begin 10B.11
10A.20 new text end new text begin 10B.12
10A.24 new text end new text begin 10B.27
10A.241 new text end new text begin 10B.28
10A.242 new text end new text begin 10B.26
10A.25 new text end new text begin 10B.17
10A.255 new text end new text begin 10B.22, subd. 3
10A.257 new text end new text begin 10B.24
10A.27 new text end new text begin 10B.13
10A.273 new text end new text begin 10B.14
10A.275 new text end new text begin 10B.19
10A.28, subd. 1 new text end new text begin 10B.25, subd. 2
subd. 2 new text end new text begin subd. 1
subd. 3 new text end new text begin subd. 3
subd. 4 new text end new text begin subd. 4
10A.29 new text end new text begin 10B.15
10A.315 new text end new text begin 10B.22, subd. 6
10A.322 new text end new text begin 10B.19
10A.323 new text end new text begin 10B.20
10A.324 new text end new text begin 10B.23
290.06, subd. 23 new text end new text begin 10B.16
new text end

Sec. 57. new text begin EFFECTIVE DATE.
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new text begin Except as otherwise provided, this act is effective August
1, 2005.
new text end