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SF 205

4th Engrossment - 89th Legislature (2015 - 2016) Posted on 05/27/2015 12:15pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 4th Engrossment

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A bill for an act
relating to campaign finance; modifying provisions related to the Campaign
Finance and Public Disclosure Board; making changes to provisions related
to enforcement, registration, fees, data, contributions, statements of economic
interest, and various other provisions administered by the board; providing
penalties; making technical changes; amending Minnesota Statutes 2014,
sections 10A.02, subdivision 11; 10A.03, subdivision 3; 10A.08, subdivision 1;
10A.09, subdivisions 6, 10; 10A.14, subdivisions 1, 1a, 4; 10A.17, subdivision
4; 10A.20, subdivisions 1, 2, 3; 10A.25, subdivision 10; 10A.27, subdivisions
1, 11; 10A.273, subdivisions 1, 3; 10A.322, subdivision 4; 10A.34, by adding a
subdivision; 13.607, subdivision 5, by adding a subdivision; 211B.04; 211B.12;
211B.15, subdivision 2; 211B.37; repealing Minnesota Statutes 2014, section
10A.20, subdivision 1c; Minnesota Rules, part 4503.1500, subpart 2.

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

Section 1.

Minnesota Statutes 2014, section 10A.02, subdivision 11, is amended to read:


Subd. 11.

Violations; enforcement.

(a) The board may investigate any alleged
violation of this chapter. The board may also investigate an alleged violation of section
211B.04, 211B.12, or 211B.15 by or related to a candidate, treasurer, principal campaign
committee, political committee, political fund, or party unit, as those terms are defined
in this chapter.

new text begin (1) new text endUpon receipt of a written complaint filed with the boarddeleted text begin, the board shall promptly
deleted text enddeleted text beginprovide a copy of the complaint to the subject of the complaint and notify the subject that
deleted text enddeleted text begina determination as to whether the complaint states a prima facie violation will be made
deleted text enddeleted text beginand that the subject may, within 15 days of the date the board provided notice to the
deleted text enddeleted text beginsubject, submit a written statement addressing the prima facie determination. The notice
deleted text enddeleted text beginmust include the definition of a prima facie determination.
deleted text end

deleted text begin Within 30 days after the filing of the complaintdeleted text end, the board chair or another board
member designated by the chair shall new text beginpromptlynew text end make a determination as to whether the
complaint alleges a prima facie violation. If a determination is made that the complaint
does not allege a prima facie violation, the complaint shall be dismissed without prejudice
and the complainant new text beginand the subject of the complaintnew text end must be new text beginpromptlynew text end notified of the
reasons the complaint did not allege a prima facie violation. new text beginThe notice to the subject of
the complaint must include a copy of the complaint.
new text end If the complainant files a revised
complaint regarding the same facts and the same subject, the prima facie determination
must be completed by a board member other than the member who made the initial
determination and who does not support the same political party as the member who made
the initial determination. The chair may order that the prima facie determination for any
complaint be made by the full board and must order that the prima facie determination for
a complaint being submitted for the third time be made by the full board.

new text begin (2)new text end If a determination is made that the complaint alleges a prima facie violation,
the board shall, within 45 days of the prima facie determination, make findings and
conclusions as to whether probable cause exists to believe the alleged violation that
warrants a formal investigation has occurred. Any party filing a complaint and any party
against whom a complaint is filed must be given an opportunity to be heard by the board
prior to the board's determination as to whether probable cause exists to believe a violation
that warrants a formal investigation has occurred.

new text begin (3)new text end Upon a determination by the board that probable cause exists to believe a
violation that warrants a formal investigation has occurred, the board must undertake
an investigation under subdivision 10 and must issue an order at the conclusion of
the investigation, except that if the complaint alleges a violation of section 10A.25 or
10A.27, the board must either enter a conciliation agreement or make public findings and
conclusions as to whether a violation has occurred and must issue an order within 60 days
after the deleted text beginfiling of the complaintdeleted text endnew text begin probable cause determination has been madenew text end. Prior to
making findings and conclusions in an investigation, the board must offer the subject of
the complaint an opportunity to answer the allegations of the complaint in writing and
to appear before the board to address the matter. The deadline for action on a written
complaint may be extended by majority vote of the board.

(b) The board may bring legal actions or negotiate settlements in its own name to
recover money raised from contributions subject to the conditions in this paragraph.

(1) No action may be commenced unless the board has made a formal determination,
after an investigation, that the money was raised for political purposes as defined in
section 211B.01, subdivision 6, and that the money was used for purposes not permitted
under this chapter or under section 211B.12.

(2) Prior to commencing an action, the board must give the association whose money
was misused written notice by certified mail of its intent to take action under this subdivision
and must give the association a reasonable opportunity, for a period of not less than 90
days, to recover the money without board intervention. This period must be extended
for at least an additional 90 days for good cause if the association is actively pursuing
recovery of the money. The board may not commence a legal action under this subdivision
if the association has commenced a legal action for the recovery of the same money.

(3) Any funds recovered under this subdivision must be deposited in a campaign
finance recovery account in the special revenue fund and are appropriated as follows:

(i) an amount equal to the board's actual costs and disbursements in the action,
including court reporter fees for depositions taken in the course of an investigation, is
appropriated to the board for its operations;

(ii) an amount equal to the reasonable value of legal services provided by the Office
of the Attorney General in the recovery matter, calculated on the same basis as is used
for charging legal fees to state agencies, is appropriated to the attorney general for the
attorney general's operations; and

(iii) any remaining balance is appropriated to the board for distribution to the
association to which the money was originally contributed.

(4) Notwithstanding clause (3), item (iii), if the candidate of a principal campaign
committee is the person who used the association's money for illegal purposes, or if the
association or political fund whose money was misused is no longer registered with the
board, any money remaining after the payments specified in clause (3), items (i) and (ii),
must be transferred to the general account of the state elections campaign account.

(5) Any action by the board under this paragraph must be commenced not later than
four years after the improper use of money is shown on a report filed with the board or the
board has actual knowledge of improper use. No action may be commenced under this
paragraph for improper uses disclosed on reports for calendar years prior to 2011.

(6) If the board prevails in an action brought under this subdivision and the court
makes a finding that the misuse of funds was willful, the court may enter judgment in favor
of the board and against the person misusing the funds in the amount of the misused funds.

(c) 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 that a violation has occurred without
notifying the individual or association of the nature of the allegations and affording
an opportunity to answer those allegations.new text begin After the board has sent notice of the
investigation to the individual or association, the individual or association must preserve
evidence related to the investigation.
new text end

(d) A hearing before the board or action of the board concerning a complaint or
investigation other than findings, conclusions, and orders or a conciliation agreement is
confidential. Until the board makes a public finding 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.

(e) A matter that is under the board's jurisdiction pursuant to this section and that
may result in a criminal offense must be finally disposed of by the board before the alleged
violation may be prosecuted by a city or county attorney.

Sec. 2.

Minnesota Statutes 2014, section 10A.03, subdivision 3, is amended to read:


Subd. 3.

Failure to file.

deleted text beginThe board must send a notice by certified mail to any
lobbyist who fails to file a registration form within five days after becoming a lobbyist.
deleted text end If
a lobbyist fails to file a new text beginregistration new text endform deleted text beginwithin ten business days after the notice was sent
deleted text endnew text beginby the date that the form was duenew text end, the board may impose a late filing fee of deleted text begin$5deleted text endnew text begin $25new text end per day,
not to exceed deleted text begin$100deleted text endnew text begin $1,000new text end, starting on the deleted text begin11thdeleted text end day after the deleted text beginnotice was sentdeleted text endnew text begin form was duenew text end.
The board must send deleted text beginan additionaldeleted text end notice by certified mail to a lobbyist who fails to file a
form within deleted text begin14deleted text endnew text begin ten businessnew text end days after the deleted text beginfirst notice was sent by the boarddeleted text endnew text begin form was due
new text endthat the lobbyist may be subject to a civil penalty for failure to file the form. A lobbyist
who fails to file a form within seven days after the deleted text beginseconddeleted text endnew text begin certified mailnew text end notice was sent by
the board is subject to a civil penalty imposed by the board of up to $1,000.

Sec. 3.

Minnesota Statutes 2014, section 10A.08, subdivision 1, is amended to read:


Subdivision 1.

Disclosure required.

A public official who represents a client for a
fee before an individual, board, commission, or agency that has rulemaking authority in a
hearing conducted under chapter 14, must disclose the official's participation in the action
to the board within 14 days after the appearance. If the public official fails to disclose the
participation deleted text beginwithin ten business days afterdeleted text endnew text begin by the date thatnew text end the disclosure deleted text beginrequired by this
section
deleted text end was due, the board may impose a late filing fee of deleted text begin$5deleted text endnew text begin $25new text end per day, not to exceed
deleted text begin$100deleted text endnew text begin $1,000new text end, starting on the deleted text begin11thdeleted text end day after the disclosure was due. The board must send
notice by certified mail to a public official who fails to disclose the participation within
ten business days after the disclosure was due that the public official may be subject to a
civil penalty for failure to disclose the participation. A public official who fails to disclose
the participation within seven days after the certified mail notice was sent by the board is
subject to a civil penalty imposed by the board of up to $1,000.

Sec. 4.

Minnesota Statutes 2014, section 10A.09, subdivision 6, is amended to read:


Subd. 6.

deleted text beginSupplementarydeleted text endnew text begin Annualnew text end statement.

Each individual who is required to
file a statement of economic interest must new text beginalso new text endfile deleted text begina supplementarydeleted text endnew text begin an annualnew text end statement
deleted text beginondeleted text endnew text begin bynew text end deleted text beginApril 15deleted text end new text beginthe last Monday in Januarynew text end of each year that the individual remains
in office deleted text beginif information on the most recently filed statement has changeddeleted text end. new text beginThe annual
statement must cover the period through December 31 of the year prior to the year when
the statement is due.
new text endThe deleted text beginsupplementarydeleted text endnew text begin annualnew text end statementdeleted text begin, if required,deleted text end must include
the amount of each honorarium in excess of $50 received since the previous statement
and the name and address of the source of the honorarium. The board must maintain deleted text begina
deleted text endnew text begineach annualnew text end statement of economic interest submitted by an officeholder in the same file
with the statement submitted as a candidate.

Sec. 5.

Minnesota Statutes 2014, section 10A.09, subdivision 10, is amended to read:


Subd. 10.

Board audits; data classification.

All data related to an audit, including
the existence of the audit, are deleted text beginclassified asdeleted text end confidential deleted text begindatadeleted text enddeleted text begin, as defined indeleted text end deleted text beginsection deleted text enddeleted text begin,
subdivision 3
deleted text end. A member, employee, or agent of the board must not disclose information
obtained by the member, employee, or agent concerning the audit except as required to
carry out the audit or take action in the matter. Upon completion of the audit, the board's
final audit report is public. The final audit report must contain the name of the individual
subject to the audit, a description of any audit findings, a description of any responses
provided by the individual who was subject to the audit, and a description of the manner in
which any findings were resolved.

Sec. 6.

Minnesota Statutes 2014, section 10A.14, subdivision 1, is amended to read:


Subdivision 1.

First registration.

new text begin (a)new text end The treasurer of a political committee,
political fund, principal campaign committee, or party unit must register with the board by
filing a registration statementnew text begin. The registration statement must be filed by the earliest of
the following dates:
new text end

new text begin (1)new text end no later than 14 days after the committee, fund, or party unit has made a
contribution, received contributions, or made expenditures in excess of $750deleted text begin,deleted text endnew text begin;
new text end

new text begin (2) no later than the next report of receipts and expenditures filing date applicable
to the committee, fund, or party unit if the committee, fund, or party unit reached the
threshold in clause (1) before the end of the reporting period covered by that report;
new text end or

new text begin (3)new text end by the end of the next business day after it has received a loan or contribution
that must be reported under section 10A.20, subdivision 5deleted text begin, whichever is earlierdeleted text end.

new text begin (b)new text end This subdivision does not apply to ballot question or independent expenditure
political committees or funds, which are subject to subdivision 1a.

Sec. 7.

Minnesota Statutes 2014, section 10A.14, subdivision 1a, is amended to read:


Subd. 1a.

Independent expenditure or ballot question political committees
and funds; first registration; reporting.

The treasurer of an independent expenditure
or ballot question political committee or fund must register with the board by filing a
registration statementnew text begin. The registration must be filed by the earliest of the following datesnew text end:

(1) no later than 14 calendar days after the committee or the association registering
the political fund has:

(i) received aggregate contributions for independent expenditures of more than
$1,500 in a calendar year;

(ii) received aggregate contributions for expenditures to promote or defeat a ballot
question of more than $5,000 in a calendar year;

(iii) made aggregate independent expenditures of more than $1,500 in a calendar
year; or

(iv) made aggregate expenditures to promote or defeat a ballot question of more
than $5,000 in a calendar year; deleted text beginor
deleted text end

(2) new text beginno later than the next report of receipts and expenditures filing date applicable
to the independent expenditure or ballot question committee or fund if the committee or
fund reached the threshold in clause (1) before the end of the reporting period covered by
that report; or
new text end

new text begin (3) new text endby the end of the next business day after it has received a loan or contribution
that must be reported under section 10A.20, subdivision 5, and it has met one of the
requirements of clause (1).

Sec. 8.

Minnesota Statutes 2014, section 10A.14, subdivision 4, is amended to read:


Subd. 4.

Failure to file; penalty.

If an individual fails to file a statement required by
this section deleted text beginwithin ten business days afterdeleted text endnew text begin by the date thatnew text end the statement was due, the board
may impose a late filing fee of deleted text begin$5deleted text endnew text begin $25new text end per day, not to exceed deleted text begin$100deleted text endnew text begin $1,000new text end, deleted text begincommencing
with the 11th
deleted text endnew text begin starting on thenew text end day after the statement was due.

The board must send notice by certified mail to any individual who fails to file a
statement within ten business days after the statement was due that the individual may be
subject to a civil penalty for failure to file the statement. An individual who fails to file the
statement within seven days after the certified mail notice was sent by the board is subject
to a civil penalty imposed by the board of up to $1,000.

Sec. 9.

Minnesota Statutes 2014, section 10A.17, subdivision 4, is amended to read:


Subd. 4.

Independent expenditures.

new text begin(a) Except as provided in paragraphs (b) and
(c),
new text endan 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 begin (b) Paragraph (a) does not apply to individuals or associations that are not required
to register or report under this chapter.
new text end

new text begin (c) Paragraph (a) does not apply to the following:
new text end

new text begin (1) bumper stickers, pins, buttons, pens, or similar small items on which the
independent expenditure statement cannot be conveniently printed;
new text end

new text begin (2) skywriting, wearing apparel, or other means of displaying an advertisement
of such a nature that the inclusion of the independent expenditure statement would be
impracticable; and
new text end

new text begin (3) online banner ads and similar electronic communications that link directly to an
online page that includes the independent expenditure statement.
new text end

Sec. 10.

Minnesota Statutes 2014, section 10A.20, subdivision 1, is amended to read:


Subdivision 1.

First filing; duration.

new text begin(a) new text endThe treasurer of a political committee,
political fund, principal campaign committee, or party unit must begin to file the reports
required by this section for the first year it receives contributions or makes expenditures
that require it to register under section 10A.14 and must continue to file until the
committee, fund, or party unit is terminated.

new text begin (b) If, on or before the last date included in a reporting period, a political committee,
political fund, principal campaign committee, or party unit received contributions or
made expenditures that would require it to register under section 10A.14, the political
committee, political fund, principal campaign committee, or party unit must both register
with the board under section 10A.14 and report under this section by the date that the
report for that reporting period is due.
new text end

new text begin (c)new text end The reports must be filed electronically in a standards-based open format
specified by the board. For good cause shown, the board must grant exemptions to the
requirement that reports be filed electronically.

Sec. 11.

Minnesota Statutes 2014, section 10A.20, subdivision 2, is amended to read:


Subd. 2.

Time for filing.

(a) The reports must be filed with the board on or before
January 31 of each year and additional reports must be filed as required and in accordance
with paragraphs (b) to (f).

(b) In each year in which the name of a candidate for legislative or district court
judicial office is on the ballot, the report of the principal campaign committee must be
filed 15 days before a primary election and ten days before a general election, seven
days before a special primary election and seven days before a special general election,
and ten days after a special election cycle.

(c) In each general election year, a political committee, a political fund, a state party
committee, and a party unit established by all or a part of the party organization within a
house of the legislature must file reports on the following schedule:

(1) a first-quarter report covering the calendar year through March 31, which is
due April 14;

(2) a report covering the calendar year through May 31, which is due June 14;

(3) a pre-primary-election report due 15 days before a primary election;

(4) a pre-general-election report due 42 days before the general election; and

(5) a pre-general-election report due ten days before a general election.

(d) In each general election year, a party unit not included in paragraph (c) must file
reports 15 days before a primary election and ten days before a general election.

(e) In each year in which a constitutional office or appellate court judicial seat is
on the ballot, the principal campaign committee of a candidate for that office or seat
must file reports on the following schedule:

(1) a first-quarter report covering the calendar year through March 31, which is
due April 14;

(2) a report covering the calendar year through May 31, which is due June 14;

(3) a pre-primary-election report due 15 days before a primary election;

(4) a pre-general-election report due 42 days before the general election;

(5) a pre-general-election report due ten days before a general election; and

(6) for a special election, a constitutional office candidate whose name is on the
ballot must file reports seven days before a special primary election, seven days before a
special general election, and ten days after a special election cycle.

(f) Notwithstanding paragraphs (a) to (e):

(1) the principal campaign committee of a candidate who did not file for office is not
required to file new text beginthe report due June 14, new text endthe report due 15 days before the primary electionnew text begin,
new text endor the report due seven days before a special primary election; and

(2) the principal campaign committee of a candidate whose name will not be on the
general election ballot is not required to file the report due 42 days before the general
election, the report due ten days before a general election, or the report due seven days
before a special general election.

Sec. 12.

Minnesota Statutes 2014, section 10A.20, subdivision 3, is amended to read:


Subd. 3.

Contents of report.

(a) The report required by this section must include
each of the items listed in paragraphs (b) to (o) that are applicable to the filer. The board
shall prescribe forms based on filer type indicating which of those items must be included
on the filer's report.

(b) The report must disclose the amount of liquid assets on hand at the beginning
of the reporting period.

(c) The report must disclose the name, address, deleted text beginanddeleted text end employer, or occupation if
self-employed,new text begin and registration number if registered with the board,new text end 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 $200
for legislative or statewide candidates or more than $500 for ballot questions, together
with the amount and date of each contribution, and the aggregate amount of contributions
within the year from each source so disclosed. A donation in kind must be disclosed at
its fair market value. An approved expenditure must be listed as a donation in kind. A
donation in kind is considered consumed in the reporting period in which it is received.
The names of contributors must be listed in alphabetical order. Contributions from the
same contributor must be listed under the same name. When a contribution received from
a contributor in a reporting period is added to previously reported unitemized contributions
from the same contributor and the aggregate exceeds the disclosure threshold of this
paragraph, the name, address, and employer, or occupation if self-employed, of the
contributor must then be listed on the report.

(d) The report must disclose the sum of contributions to the reporting entity during
the reporting period.

(e) The report must disclose each loan made or received by the reporting entity
within the year in aggregate in excess of $200, continuously reported until repaid or
forgiven, together with the name, address, occupation, deleted text beginanddeleted text end principal place of business, if
any, new text beginand registration number if registered with the board new text endof 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.

(f) The report must disclose each receipt over $200 during the reporting period not
otherwise listed under paragraphs (c) to (e).

(g) The report must disclose the sum of all receipts of the reporting entity during
the reporting period.

(h) The report must disclose the name deleted text beginanddeleted text endnew text begin,new text end addressnew text begin, and registration number if
registered with the board
new text end of each individual or association to whom aggregate expenditures,
approved expenditures, independent expenditures, and ballot question expenditures have
been made by or on behalf of the reporting entity within the year in excess of $200, 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 an
indication of whether the expenditure was to promote or to defeat the ballot question, 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.

(i) The report must disclose the sum of all expenditures made by or on behalf of the
reporting entity during the reporting period.

(j) 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.

(k) The report must disclose the name deleted text beginanddeleted text endnew text begin,new text end addressnew text begin, and registration number if
registered with the board
new text end of each political committee, political fund, principal campaign
committee, or party unit to which contributions have been made that aggregate in excess
of $200 within the year and the amount and date of each contribution.

(l) The report must disclose the sum of all contributions made by the reporting
entity during the reporting period.

(m) The report must disclose the name deleted text beginanddeleted text endnew text begin,new text end addressnew text begin, and registration number
if registered with the board
new text end of each individual or association to whom noncampaign
disbursements have been made that aggregate in excess of $200 within the year by or on
behalf of the reporting entity and the amount, date, and purpose of each noncampaign
disbursement.

(n) The report must disclose the sum of all noncampaign disbursements made within
the year by or on behalf of the reporting entity.

(o) The report must disclose the name and address of a nonprofit corporation that
provides administrative assistance to a political committee or political fund as authorized
by section 211B.15, subdivision 17, the type of administrative assistance provided, and the
aggregate fair market value of each type of assistance provided to the political committee
or political fund during the reporting period.

Sec. 13.

Minnesota Statutes 2014, section 10A.25, subdivision 10, is amended to read:


Subd. 10.

Effect of opponent's conduct.

(a) After the deadline for filing a spending
limit agreement under section 10A.322, 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 has received contributions or made or become
obligated to make expenditures during that election cycle in excess of the following limits:

(1) up to the close of the reporting period before the primary election, receipts or
expenditures equal to 20 percent of the new text beginelection segment new text endexpenditure limit for that office
as set forth in subdivision 2; or

(2) after the close of the reporting period before the primary election, cumulative
receipts or expenditures during that election cycle equal to 50 percent of the new text beginelection cycle
new text endexpenditure limit for that office as set forth in subdivision 2.

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.

(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 24 hours
of exceeding the limits in paragraph (a). The notice must state only that the candidate or
candidate's principal campaign committee has received contributions or made or become
obligated to make campaign expenditures in excess of the limits in paragraph (a).

(c) Upon receipt of the notice, a 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.

(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.

Sec. 14.

Minnesota Statutes 2014, section 10A.27, subdivision 1, is amended to read:


Subdivision 1.

Contribution limits.

(a) Except as provided in subdivision 2,
a candidate must not permit the candidate's principal campaign committee to accept
aggregate contributions made or delivered by any individual, political committee, political
fund, or association not registered with the board in excess of the following:

(1) to candidates for governor and lieutenant governor running together, $4,000
in the election segment of an election cycle for the office sought and $2,000 in the
nonelection segment of the election cycle;

(2) to a candidate for attorney general, $2,500 in the election segment of an election
cycle for the office sought and $1,500 in the nonelection segment of the election cycle;

(3) to a candidate for secretary of state or state auditor, $2,000 in the election
segment of an election cycle and $1,000 in the nonelection segment of the election cycle;

(4) to a candidate for state senator, $1,000 in the election segment of an election
cycle for the office sought and $1,000 in a nonelection segment of the election cycle;

(5) to a candidate for state representative, $1,000 in the election segment of an
election cycle for the office sought; and

(6) to a candidate for judicial office, $2,500 in the election segment of an election
cycle for the office sought and deleted text begin$1,000deleted text endnew text begin $2,500new text end in a nonelection segment of the election cycle.

(b) The following deliveries are not subject to the bundling limitation in this
subdivision:

(1) delivery of contributions collected by a member of the candidate's principal
campaign committee, such as a block worker or a volunteer who hosts a fund-raising
event, to the committee's treasurer; and

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

(c) A lobbyist, political committee, political party unit, an association that has a
political fund, or an association not registered with the board must not make a contribution
a candidate is prohibited from accepting.

Sec. 15.

Minnesota Statutes 2014, section 10A.27, subdivision 11, is amended to read:


Subd. 11.

Contributions from certain types of contributors.

A candidate must
not permit the candidate's principal campaign committee to accept a contribution from a
political committee, political fund, lobbyist, deleted text beginlarge contributor,deleted text end or association not registered
with the board if the contribution will cause the aggregate contributions from those types
of contributors during an election cycle segment to exceed an amount equal to 20 percent
of the election cycle segment expenditure limits for the office sought by the candidate,
provided that the 20 percent limit must be rounded to the nearest $100. deleted text beginFor purposes of
this subdivision, "large contributor" means an individual, other than the candidate, who
contributes an amount that is more than one-half the amount an individual may contribute
during the election cycle segment.
deleted text end

Sec. 16.

Minnesota Statutes 2014, section 10A.273, subdivision 1, is amended to read:


Subdivision 1.

Contributions during legislative session.

(a) A candidate for the
legislature or for constitutional office, the candidate's principal campaign committee, or
a political committee or party unit established by all or a part of the party organization
within a house of the legislature, must not solicit or accept a contribution from a
registered lobbyist, political committee, political fund, new text beginor new text endan association not registered
with the boarddeleted text begin, or a party unit established by the party organization within a house of the
legislature,
deleted text end during a regular session of the legislature.

(b) A registered lobbyist, political committee, political fund, new text beginor new text endan association not
registered with the boarddeleted text begin, or a party unit established by the party organization within a
house of the legislature,
deleted text end must not make a contribution to a candidate for the legislature
or for constitutional office, the candidate's principal campaign committee, or a political
committee or party unit established by all or a part of the party organization within a house
of the legislature during a regular session of the legislature.

Sec. 17.

Minnesota Statutes 2014, section 10A.273, subdivision 3, is amended to read:


Subd. 3.

Definition.

new text beginFor purposes of this section, a "regular session" includes the
entire first day and the entire last day of each annual session.
new text endFor purposes of this section,
deleted text begin"deleted text endregular sessiondeleted text begin"deleted text end does not include a special session or the interim between the two annual
sessions of a biennium.

Sec. 18.

Minnesota Statutes 2014, section 10A.322, subdivision 4, is amended to read:


Subd. 4.

Refund receipt forms; penalty.

new text begin(a) new text endThe board must make available to a
political party on request and to any candidate for whom an agreement under this section
is effective, a supply of official refund receipt forms that state in boldface type that:

(1) a contributor who is given a receipt form is eligible to claim a refund as provided
in section 290.06, subdivision 23; and

(2) if the contribution is to a candidate, that the candidate has signed an agreement to
limit campaign expenditures as provided in this section.

The forms must provide duplicate copies of the receipt to be attached to the contributor's
claim.

new text begin (b)new text end The willful issuance of an official refund receipt form or a facsimile of one to
any of the candidate's contributors by a candidate or treasurer of a candidate who did not
sign an agreement under this section is new text beginsubject to a civil penalty of up to $3,000 imposed
by the board.
new text end

new text begin (c) The willful issuance of an official refund receipt form or a facsimile to an
individual not eligible to claim a refund under section 290.06, subdivision 23, is subject
to a civil penalty of up to $3,000 imposed by the board.
new text end

new text begin (d) A violation of paragraph (b) or (c) is new text enda misdemeanor.

Sec. 19.

Minnesota Statutes 2014, section 10A.34, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Penalty for violations of chapter 211B under board's jurisdiction. new text end

new text begin If
a civil penalty is not specified in a section of chapter 211B brought under the board's
jurisdiction by section 10A.02, subdivision 11, paragraph (a), the board may impose
a civil penalty of up to $3,000.
new text end

Sec. 20.

Minnesota Statutes 2014, section 13.607, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Campaign Finance and Public Disclosure Board audit data. new text end

new text begin The
record of certain audits conducted under chapter 10A is classified, and disposition of
certain information is governed, by section 10A.09, subdivision 10.
new text end

Sec. 21.

Minnesota Statutes 2014, section 13.607, subdivision 5, is amended to read:


Subd. 5.

Statements of economic interest.

deleted text begin(a)deleted text end Disclosure of statements of
economic interest filed by local officials is governed by section 10A.09, subdivision 6a.

deleted text begin (b) Data related to audits of statements of economic interest are governed by section
10A.09, subdivision 10.
deleted text end

Sec. 22.

Minnesota Statutes 2014, section 211B.04, is amended to read:


211B.04 CAMPAIGN LITERATURE MUST INCLUDE DISCLAIMER.

(a) A person who participates in the preparation or dissemination of campaign
material other than as provided in section 211B.05, subdivision 1, that does not
prominently include the name and address of the person or committee causing the material
to be prepared or disseminated in a disclaimer substantially in the form provided in
paragraph (b) or (c) is guilty of a misdemeanor.

(b) Except in cases covered by paragraph (c), the required form of disclaimer is:
"Prepared and paid for by the .......... committee, .........(address)" for material prepared
and paid for by a principal campaign committee, or "Prepared and paid for by the ..........
committee, .........(address)deleted text begin, in support of .........(insert name of candidate or ballot
question)
deleted text end" for material prepared and paid for by a person or committee other than a
principal campaign committee.new text begin If the material is produced and disseminated without cost,
the words "paid for" may be omitted from the disclaimer.
new text end

(c) In the case of broadcast media, the required form of disclaimer is: "Paid for
by the ............ committee."new text begin If the material is produced and broadcast without cost, the
required form of the disclaimer is: "The ............ committee is responsible for the content
of this message."
new text end

(d) deleted text beginCampaign material that is not circulated on behalf of a particular candidate
or ballot question must also include in the disclaimer either that it is "in opposition
to.....(insert name of candidate or ballot question.....)"; or that "this publication is not
circulated on behalf of any candidate or ballot question."
deleted text end

deleted text begin (e)deleted text end This section does not apply to deleted text beginobjects stating only the candidate's name and the
office sought,
deleted text end fund-raising tickets, deleted text beginordeleted text endnew text begin business cards,new text end personal lettersnew text begin, or similar itemsnew text end that
are clearly being deleted text beginsentdeleted text endnew text begin distributednew text end by the candidate.

deleted text begin (f)deleted text endnew text begin (e)new text end This section does not apply to an individual or association deleted text beginwho acts
independently of any candidate, candidate's committee, political committee, or political
fund and spends only from the individual's or association's own resources a sum that is less
than $2,000 in the aggregate to produce or distribute campaign material that is distributed
at least seven days before the election to which the campaign material relates
deleted text endnew text begin that is not
required to register or report under chapter 10A or 211A
new text end.

new text begin (f) This section does not apply to the following:
new text end

new text begin (1) bumper stickers, pins, buttons, pens, or similar small items on which the
disclaimer cannot be conveniently printed;
new text end

new text begin (2) skywriting, wearing apparel, or other means of displaying an advertisement of
such a nature that the inclusion of a disclaimer would be impracticable; and
new text end

new text begin (3) online banner ads and similar electronic communications that link directly to an
online page that includes the disclaimer.
new text end

(g) This section does not modify or repeal section 211B.06.

Sec. 23.

Minnesota Statutes 2014, 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 10A.01, subdivision 26. 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 $100 to any charity organized
under section 501(c)(3) of the Internal Revenue Code annually, except that the amount
contributed deleted text beginby adeleted text endnew text begin is not limited by this clause if the political committee, political fund,
party unit,
new text end principal campaign committeenew text begin,new text end or deleted text beginfrom thedeleted text end campaign fund of a candidate for
political subdivision office that new text beginmade the contribution new text enddissolves within one year after the
contribution is made deleted text beginis not limited by this clausedeleted text end; 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. 24.

Minnesota Statutes 2014, section 211B.15, subdivision 2, is amended to read:


Subd. 2.

Prohibited contributions.

new text begin(a) new text endA corporation may not make a contribution
or offer or agree to make a contribution directly or indirectly, of any money, property, free
service of its officers, employees, or members, or thing of monetary value to a deleted text beginmajor
deleted text endpolitical party, organization, committee, or individual to promote or defeat the candidacy
of an individual for nomination, election, or appointment to a political office.

new text begin (b) A political party, organization, committee, or individual may not accept a
contribution or an offer or agreement to make a contribution that a corporation is
prohibited from making under paragraph (a).
new text end

new text begin (c)new text end For the purpose of this subdivision, "contribution" includes an expenditure to
promote or defeat the election or nomination of a candidate to a political office that 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, a candidate or committee established to
support or oppose a candidate but does not include an independent expenditure authorized
by subdivision 3.

Sec. 25.

Minnesota Statutes 2014, section 211B.37, is amended to read:


211B.37 COSTS ASSESSED.

Except as otherwise provided in section 211B.36, subdivision 3, the chief
administrative law judge shall assess the cost of considering complaints filed under section
211B.32 as provided in this section. Costs of complaints relating to a statewide ballot
question or an election for a statewide or legislative office must be deleted text beginassessed against the
appropriation from the general fund to the general account of the state elections campaign
account in section 10A.31, subdivision 4
deleted text endnew text begin paid from appropriations to the office for this
purpose
new text end. Costs of complaints relating to any other ballot question or elective office must
be paid from appropriations to the office for this purpose.

Sec. 26. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber the provisions of Minnesota Statutes listed
in column A to the references listed in column B. The revisor shall also make necessary
cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the
renumbering.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 10A.02, subd. 9
new text end
new text begin 10A.022, subd. 1
new text end
new text begin 10A.02, subd. 10, paragraphs (a) and
(b)
new text end
new text begin 10A.022, subd. 2
new text end
new text begin 10A.02, subd. 10, paragraph (c)
new text end
new text begin 10A.02, subd. 13, paragraph (b)
new text end
new text begin 10A.02, subd. 11, paragraph (a)
new text end
new text begin 10A.022, subd. 3
new text end
new text begin 10A.02, subd. 11, paragraph (b)
new text end
new text begin 10A.022, subd. 8
new text end
new text begin 10A.02, subd. 11, paragraph (c)
new text end
new text begin 10A.022, subd. 4
new text end
new text begin 10A.02, subd. 11, paragraph (d)
new text end
new text begin 10A.022, subd. 5, paragraph (a)
new text end
new text begin 10A.02, subd. 11, paragraph (e)
new text end
new text begin 10A.022, subd. 7
new text end
new text begin 10A.02, subd. 11a
new text end
new text begin 10A.022, subd. 5, paragraph (b)
new text end
new text begin 10A.02, subd. 13
new text end
new text begin 10A.02, subd. 13, paragraph (a)
new text end
new text begin 10A.09, subd. 10
new text end
new text begin 10A.022, subd. 6
new text end

Sec. 27. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 10A.20, subdivision 1c, new text end new text begin and new text end new text begin Minnesota Rules,
part 4503.1500, subpart 2,
new text end new text begin are repealed.
new text end

Sec. 28. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end