SF 1895

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; requiring the report of certain 
  1.3             information; requiring return of public subsidy by 
  1.4             candidates who violate the fair campaign practices 
  1.5             act; defining certain unlawful false statements; 
  1.6             amending Minnesota Statutes 1994, sections 10A.20, 
  1.7             subdivision 3; 10A.324, by adding a subdivision; and 
  1.8             211B.06, subdivision 1. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 10A.20, 
  1.11  subdivision 3, is amended to read: 
  1.12     Subd. 3.  [CONTENTS OF REPORT.] Each report under this 
  1.13  section shall disclose: 
  1.14     (a) The amount of liquid assets on hand at the beginning of 
  1.15  the reporting period; 
  1.16     (b) The name, address and employer, or occupation if 
  1.17  self-employed, of each individual, political committee or 
  1.18  political fund who within the year has made one or more 
  1.19  transfers or donations in kind to the political committee or 
  1.20  political fund, including the purchase of tickets for all fund 
  1.21  raising efforts, which in aggregate exceed $100 for legislative 
  1.22  or statewide candidates or ballot questions, together with the 
  1.23  amount and date of each transfer or donation in kind, and the 
  1.24  aggregate amount of transfers and donations in kind within the 
  1.25  year from each source so disclosed.  A donation in kind shall be 
  1.26  disclosed at its fair market value.  An approved expenditure is 
  1.27  listed as a donation in kind.  A donation in kind is considered 
  2.1   consumed in the reporting period in which it is received.  The 
  2.2   names of contributors shall be listed in alphabetical order; 
  2.3      (c) The sum of contributions to the political committee or 
  2.4   political fund during the reporting period; 
  2.5      (d) Each loan made or received by the political committee 
  2.6   or political fund within the year in aggregate in excess of 
  2.7   $100, continuously reported until repaid or forgiven, together 
  2.8   with the name, address, occupation and the principal place of 
  2.9   business, if any, of the lender and any endorser and the date 
  2.10  and amount of the loan.  If any loan made to the principal 
  2.11  campaign committee of a candidate is forgiven at any time or 
  2.12  repaid by any entity other than that principal campaign 
  2.13  committee, it shall be reported as a contribution for the year 
  2.14  in which the loan was made; 
  2.15     (e) Each receipt in excess of $100 not otherwise listed 
  2.16  under clauses (b) to (d); 
  2.17     (f) The sum of all receipts of the political committee or 
  2.18  political fund during the reporting period; 
  2.19     (g) The name and address of each individual or association 
  2.20  to whom aggregate expenditures, including approved expenditures, 
  2.21  have been made by or on behalf of the political committee or 
  2.22  political fund within the year in excess of $100, together with 
  2.23  the amount, date and purpose of each expenditure and the name 
  2.24  and address of, and office sought by, each candidate on whose 
  2.25  behalf the expenditure was made, identification of the ballot 
  2.26  question which the expenditure is intended to promote or defeat, 
  2.27  and in the case of independent expenditures made in support of 
  2.28  or in opposition to a candidate, the name, address and office 
  2.29  sought for each such candidate; 
  2.30     (h) The sum of all expenditures made by or on behalf of the 
  2.31  political committee or political fund during the reporting 
  2.32  period; 
  2.33     (i) The amount and nature of any advance of credit incurred 
  2.34  by the political committee or political fund, continuously 
  2.35  reported until paid or forgiven.  If any advance of credit 
  2.36  incurred by the principal campaign committee of a candidate is 
  3.1   forgiven at any time by the creditor or paid by any entity other 
  3.2   than that principal campaign committee, it shall be reported as 
  3.3   a donation in kind for the year in which the advance of credit 
  3.4   was incurred; 
  3.5      (j) The name and address of each political committee, 
  3.6   political fund, or principal campaign committee to which 
  3.7   aggregate transfers in excess of $100 have been made within the 
  3.8   year, together with the amount and date of each transfer; 
  3.9      (k) The sum of all transfers made by the political 
  3.10  committee, political fund, or principal campaign committee 
  3.11  during the reporting period; 
  3.12     (l) Except for contributions to a candidate or committee 
  3.13  for a candidate for office in a municipality as defined in 
  3.14  section 471.345, subdivision 1, the name and address of each 
  3.15  individual or association to whom aggregate noncampaign 
  3.16  disbursements in excess of $100 have been made within the year 
  3.17  by or on behalf of a principal campaign committee, political 
  3.18  committee, or political fund, together with the amount, date, 
  3.19  and purpose of each noncampaign disbursement; 
  3.20     (m) The sum of all noncampaign disbursements made within 
  3.21  the year by or on behalf of a principal campaign committee, 
  3.22  political committee, or political fund; and 
  3.23     (n) A report filed under subdivision 2, clause (b), by a 
  3.24  political committee or political fund that is subject to 
  3.25  subdivision 14, must contain the information required by 
  3.26  subdivision 14, if the political committee or political fund has 
  3.27  solicited and caused others to make aggregate contributions 
  3.28  greater than $5,000 between January 1 of the general election 
  3.29  year and the end of the reporting period.  This disclosure 
  3.30  requirement is in addition to the report required by subdivision 
  3.31  14. 
  3.32     Sec. 2.  Minnesota Statutes 1994, section 10A.324, is 
  3.33  amended by adding a subdivision to read: 
  3.34     Subd. 6.  [RETURN FOR VIOLATION OF FAIR CAMPAIGN 
  3.35  PRACTICES.] A candidate who violates chapter 211B, fair campaign 
  3.36  practices, shall return to the board all or a portion of the 
  4.1   public subsidy received under section 10A.31 for a general 
  4.2   election or under section 10A.315 for a special election, as 
  4.3   determined by the court. 
  4.4      Sec. 3.  Minnesota Statutes 1994, section 211B.06, 
  4.5   subdivision 1, is amended to read: 
  4.6      Subdivision 1.  [GROSS MISDEMEANOR.] A person is guilty of 
  4.7   a gross misdemeanor who intentionally participates in the 
  4.8   preparation, dissemination, or broadcast of paid political 
  4.9   advertising or campaign material with respect to the personal or 
  4.10  political character or acts of a candidate, whether or not 
  4.11  defamatory, or with respect to the effect of a ballot question, 
  4.12  that the person knows or has reason to believe is false and that 
  4.13  is designed or tends to elect, injure, promote, or defeat a 
  4.14  candidate for nomination or election to a public office or to 
  4.15  promote or defeat a ballot question, that is false, and that the 
  4.16  person knows is false or communicates to others with reckless 
  4.17  disregard of whether it is false.  "Paid political advertising 
  4.18  or campaign material" may include a pictorial or symbolic image; 
  4.19  it is not limited to words or numbers. 
  4.20     A person is guilty of a misdemeanor who intentionally 
  4.21  participates in the drafting of a letter to the editor with 
  4.22  respect to the personal or political character or acts of a 
  4.23  candidate, if defamatory, or with respect to the effect of a 
  4.24  ballot question, that the person knows is false and which is 
  4.25  designed or tends to elect, injure, promote, or defeat any 
  4.26  candidate for nomination or election to a public office or to 
  4.27  promote or defeat a ballot question, that is false, and that the 
  4.28  person knows is false or communicates to others with reckless 
  4.29  disregard of whether it is false. 
  4.30     Sec. 4.  [EFFECTIVE DATE.] 
  4.31     This act is effective the day following final enactment.