SF 2277

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; increasing disclosure of 
  1.3             campaign contributions to certain legislative 
  1.4             candidates; encouraging candidates for the legislature 
  1.5             to accept only clean money for their political 
  1.6             campaigns; limiting contributions and expenditures in 
  1.7             certain legislative campaigns; increasing public 
  1.8             subsidies for legislative candidates who agree to 
  1.9             limit the sources and amounts of contributions to 
  1.10            their campaigns; eliminating the income tax checkoff 
  1.11            and political contribution refund programs for 
  1.12            legislative candidates; appropriating money; amending 
  1.13            Minnesota Statutes 1998, sections 10A.01, by adding a 
  1.14            subdivision; 10A.20, subdivision 3; 10A.27, 
  1.15            subdivision 10; 10A.31, subdivisions 5, 6, and 7; 
  1.16            10A.322; 10A.323; and 290.06, subdivision 23; 
  1.17            proposing coding for new law in Minnesota Statutes, 
  1.18            chapter 10A. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 1998, section 10A.01, is 
  1.21  amended by adding a subdivision to read: 
  1.22     Subd. 30.  [CONDUIT FUND.] "Conduit fund" means money, a 
  1.23  negotiable instrument, or a donation in kind collected by an 
  1.24  association from its employees and contributed to a candidate or 
  1.25  political committee only as directed by the employee from whom 
  1.26  the money was collected.  
  1.27     Sec. 2.  Minnesota Statutes 1998, section 10A.20, 
  1.28  subdivision 3, is amended to read: 
  1.29     Subd. 3.  [CONTENTS OF REPORT.] Each report under this 
  1.30  section shall disclose: 
  1.31     (a) The amount of liquid assets on hand at the beginning of 
  1.32  the reporting period; 
  2.1      (b) The name, address and employer, or occupation if 
  2.2   self-employed, of each individual, political committee or 
  2.3   political fund who within the year has made one or more 
  2.4   transfers or donations in kind to the political committee or 
  2.5   political fund, including the purchase of tickets for all fund 
  2.6   raising efforts, which in aggregate exceed $10 for a legislative 
  2.7   candidate who has signed a spending limit agreement under 
  2.8   section 10A.322 or $100 for other legislative or statewide 
  2.9   candidates or ballot questions, together with the amount and 
  2.10  date of each transfer or donation in kind, and the aggregate 
  2.11  amount of transfers and donations in kind within the year from 
  2.12  each source so disclosed.  A donation in kind shall be disclosed 
  2.13  at its fair market value.  An approved expenditure is listed as 
  2.14  a donation in kind.  A donation in kind is considered consumed 
  2.15  in the reporting period in which it is received.  The names of 
  2.16  contributors shall be listed in alphabetical order; 
  2.17     (c) The sum of contributions to the political committee or 
  2.18  political fund, and the sum of all contributions received 
  2.19  through each conduit fund and through all conduit funds, during 
  2.20  the reporting period; 
  2.21     (d) Each loan made or received by the political committee 
  2.22  or political fund within the year in aggregate in excess of $10 
  2.23  for the principal campaign committee of a legislative candidate 
  2.24  who has signed a spending limit agreement under section 10A.322 
  2.25  or $100 for another committee or fund, continuously reported 
  2.26  until repaid or forgiven, together with the name, address, 
  2.27  occupation and the principal place of business, if any, of the 
  2.28  lender and any endorser and the date and amount of the loan.  If 
  2.29  any loan made to the principal campaign committee of a candidate 
  2.30  is forgiven at any time or repaid by any entity other than that 
  2.31  principal campaign committee, it shall be reported as a 
  2.32  contribution for the year in which the loan was made; 
  2.33     (e) Each receipt in excess of $100 not otherwise listed 
  2.34  under clauses (b) to (d); 
  2.35     (f) The sum of all receipts of the political committee or 
  2.36  political fund during the reporting period; 
  3.1      (g) The name and address of each individual or association 
  3.2   to whom aggregate expenditures, including approved expenditures, 
  3.3   have been made by or on behalf of the political committee or 
  3.4   political fund within the year in excess of $100, together with 
  3.5   the amount, date and purpose of each expenditure and the name 
  3.6   and address of, and office sought by, each candidate on whose 
  3.7   behalf the expenditure was made, identification of the ballot 
  3.8   question which the expenditure is intended to promote or defeat, 
  3.9   and in the case of independent expenditures made in opposition 
  3.10  to a candidate, the name, address and office sought for each 
  3.11  such candidate; 
  3.12     (h) The sum of all expenditures made by or on behalf of the 
  3.13  political committee or political fund during the reporting 
  3.14  period; 
  3.15     (i) The amount and nature of any advance of credit incurred 
  3.16  by the political committee or political fund, continuously 
  3.17  reported until paid or forgiven.  If any advance of credit 
  3.18  incurred by the principal campaign committee of a candidate is 
  3.19  forgiven at any time by the creditor or paid by any entity other 
  3.20  than that principal campaign committee, it shall be reported as 
  3.21  a donation in kind for the year in which the advance of credit 
  3.22  was incurred; 
  3.23     (j) The name and address of each political committee, 
  3.24  political fund, or principal campaign committee to which 
  3.25  aggregate transfers in excess of $100 have been made within the 
  3.26  year, together with the amount and date of each transfer; 
  3.27     (k) The sum of all transfers made by the political 
  3.28  committee, political fund, or principal campaign committee 
  3.29  during the reporting period; 
  3.30     (l) Except for contributions to a candidate or committee 
  3.31  for a candidate for office in a municipality as defined in 
  3.32  section 471.345, subdivision 1, the name and address of each 
  3.33  individual or association to whom aggregate noncampaign 
  3.34  disbursements in excess of $100 have been made within the year 
  3.35  by or on behalf of a principal campaign committee, political 
  3.36  committee, or political fund, together with the amount, date, 
  4.1   and purpose of each noncampaign disbursement; 
  4.2      (m) The sum of all noncampaign disbursements made within 
  4.3   the year by or on behalf of a principal campaign committee, 
  4.4   political committee, or political fund; 
  4.5      (n) The name and address of a nonprofit corporation that 
  4.6   provides administrative assistance to a political committee or 
  4.7   political fund as authorized by section 211B.15, subdivision 17, 
  4.8   together with the type of administrative assistance provided and 
  4.9   the aggregate fair market value of each type of assistance 
  4.10  provided to the political committee or political fund during the 
  4.11  reporting period; and 
  4.12     (o) A report filed under subdivision 2, clause (b), by a 
  4.13  political committee or political fund that is subject to 
  4.14  subdivision 14, must contain the information required by 
  4.15  subdivision 14, if the political committee or political fund has 
  4.16  solicited and caused others to make aggregate contributions 
  4.17  greater than $5,000 between January 1 of the general election 
  4.18  year and the end of the reporting period.  This disclosure 
  4.19  requirement is in addition to the report required by subdivision 
  4.20  14. 
  4.21     Sec. 3.  Minnesota Statutes 1998, section 10A.27, 
  4.22  subdivision 10, is amended to read: 
  4.23     Subd. 10.  [PROHIBITED CONTRIBUTIONS.] (a) A candidate who 
  4.24  accepts a public subsidy may not contribute to the candidate's 
  4.25  own campaign more than ten times the candidate's election year 
  4.26  contribution limit under subdivision 1. 
  4.27     (b) A candidate for state senator or state representative 
  4.28  who accepts a public subsidy must not permit the candidate's 
  4.29  principal campaign committee to accept aggregate contributions 
  4.30  made or delivered as follows: 
  4.31     (1) from any individual in excess of $100 in a year; 
  4.32     (2) from a political committee, political fund, conduit 
  4.33  fund, or party unit in any amount; or 
  4.34     (3) from all sources, other than the public subsidy, in 
  4.35  excess of ten percent of the candidate's expenditure limit. 
  4.36     Sec. 4.  Minnesota Statutes 1998, section 10A.31, 
  5.1   subdivision 5, is amended to read: 
  5.2      Subd. 5.  [ALLOCATION TO CANDIDATES.] In each calendar year 
  5.3   the money in the general account shall be allocated to 
  5.4   candidates as follows: 
  5.5      (1) 21 75 percent for the offices of governor and 
  5.6   lieutenant governor together; 
  5.7      (2) 3.6 13 percent for the office of attorney general; and 
  5.8      (3) 1.8 six percent each for the offices of secretary of 
  5.9   state, and state auditor, and state treasurer;. 
  5.10     (4) In each calendar year during the period in which state 
  5.11  senators serve a four-year term, 23-1/3 percent for the office 
  5.12  of state senator, and 46-2/3 percent for the office of state 
  5.13  representative; 
  5.14     (5) In each calendar year during the period in which state 
  5.15  senators serve a two-year term, 35 percent each for the offices 
  5.16  of state senator and state representative. 
  5.17     In each calendar year the money in each party account shall 
  5.18  be allocated as follows: 
  5.19     (1) 14 50 percent for the offices of governor and 
  5.20  lieutenant governor together; 
  5.21     (2) 2.4 eight percent for the office of attorney general; 
  5.22     (3) 1.2 four percent each for the offices of secretary of 
  5.23  state, and state auditor, and state treasurer; and 
  5.24     (4) In each calendar year during the period in which state 
  5.25  senators serve a four-year term, 23-1/3 percent for the office 
  5.26  of state senator, and 46-2/3 percent for the office of state 
  5.27  representative; 
  5.28     (5) In each calendar year during the period in which state 
  5.29  senators serve a two-year term, 35 percent each for the offices 
  5.30  of state senator and state representative; 
  5.31     (6) Ten 34 percent for the state committee of a political 
  5.32  party; money allocated to each state committee under this clause 
  5.33  must be deposited in a separate account and must be spent for 
  5.34  only those items enumerated in section 10A.275; money allocated 
  5.35  to a state committee under this clause must be paid to the 
  5.36  committee by the state treasurer as notified by the state 
  6.1   campaign finance and public disclosure board as it is received 
  6.2   in the account on a monthly basis, with payment on the 15th day 
  6.3   of the calendar month following the month in which the returns 
  6.4   were processed by the department of revenue, provided that these 
  6.5   distributions would be equal to 90 percent of the amount of 
  6.6   money indicated in the department of revenue's weekly unedited 
  6.7   reports of income tax returns and property tax refund returns 
  6.8   processed in the month, as notified by the department of revenue 
  6.9   to the state campaign finance and public disclosure board.  The 
  6.10  amounts paid to each state committee are subject to biennial 
  6.11  adjustment and settlement at the time of each certification 
  6.12  required of the commissioner of revenue under subdivisions 7 and 
  6.13  10.  If the total amount of payments received by a state 
  6.14  committee for the period reflected on a certification by the 
  6.15  department of revenue is different from the amount that should 
  6.16  have been received during the period according to the 
  6.17  certification, each subsequent monthly payment must be increased 
  6.18  or decreased to the fullest extent possible until the amount of 
  6.19  the overpayment is recovered or the underpayment is distributed. 
  6.20     To assure that moneys will be returned to the counties from 
  6.21  which they were collected, and to assure that the distribution 
  6.22  of those moneys rationally relates to the support for particular 
  6.23  parties or for particular candidates within legislative 
  6.24  districts, money from the party accounts for legislative 
  6.25  candidates shall be distributed as follows: 
  6.26     Each candidate for the state senate and state house of 
  6.27  representatives whose name is to appear on the ballot in the 
  6.28  general election shall receive money from the candidate's party 
  6.29  account set aside for candidates of the state senate or state 
  6.30  house of representatives, whichever applies, according to the 
  6.31  following formula; 
  6.32     For each county within the candidate's district the 
  6.33  candidate's share of the dollars allocated in that county to the 
  6.34  candidate's party account and set aside for that office shall be:
  6.35     (a) The sum of the votes cast in the last general election 
  6.36  in that part of the county in the candidate's district for all 
  7.1   candidates of that candidate's party (i) whose names appeared on 
  7.2   the ballot in each voting precinct of the state and (ii) for the 
  7.3   state senate and state house of representatives, divided by 
  7.4      (b) The sum of the votes cast in that county in the last 
  7.5   general election for all candidates of that candidate's party 
  7.6   (i) whose names appeared on the ballot in each voting precinct 
  7.7   in the state and (ii) for the state senate and state house of 
  7.8   representatives, multiplied by 
  7.9      (c) The amount in the candidate's party account allocated 
  7.10  in that county and set aside for the candidates for the office 
  7.11  for which the candidate is running. 
  7.12     The sum of all the county shares calculated in the formula 
  7.13  above is the candidate's share of the candidate's party account. 
  7.14     In a year in which an election for the state senate occurs, 
  7.15  with respect to votes for candidates for the state senate only, 
  7.16  "last general election" means the last general election in which 
  7.17  an election for the state senate occurred. 
  7.18     For any party under whose name no candidate's name appeared 
  7.19  on the ballot in each voting precinct in the state in the last 
  7.20  general election, amounts in the party's account shall be 
  7.21  allocated based on (a) the number of people voting in the last 
  7.22  general election in that part of the county in the candidate's 
  7.23  district, divided by (b) the number of the people voting in that 
  7.24  county in the last general election, multiplied by (c) the 
  7.25  amount in the candidate's party account allocated in that county 
  7.26  and set aside for the candidates for the office for which the 
  7.27  candidate is running. 
  7.28     In a year in which the first election after a legislative 
  7.29  reapportionment is held, "the candidate's district" means the 
  7.30  newly drawn district, and voting data from the last general 
  7.31  election will be applied to the area encompassing the newly 
  7.32  drawn district notwithstanding that the area was in a different 
  7.33  district in the last general election. 
  7.34     If in a district there was no candidate of a party for the 
  7.35  state senate or state house of representatives in the last 
  7.36  general election, or if a candidate for the state senate or 
  8.1   state house of representatives was unopposed, the vote for that 
  8.2   office for that party shall be the average vote of all the 
  8.3   remaining candidates of that party in each county of that 
  8.4   district whose votes are included in the sums in clauses (a) and 
  8.5   (b).  The average vote shall be added to the sums in clauses (a) 
  8.6   and (b) before the calculation is made for all districts in the 
  8.7   county. 
  8.8      Money from a party account not distributed to candidates 
  8.9   for state senator and representative in any election year shall 
  8.10  be returned to the general fund of the state.  Money from a 
  8.11  party account not distributed to candidates for other offices in 
  8.12  an election year shall be returned to the party account for 
  8.13  reallocation to candidates as provided in clauses (1) to (6) (4) 
  8.14  in the following year.  Money from the general account refused 
  8.15  by any candidate shall be distributed to all other qualifying 
  8.16  candidates in proportion to their shares as provided in this 
  8.17  subdivision.  
  8.18     Sec. 5.  Minnesota Statutes 1998, section 10A.31, 
  8.19  subdivision 6, is amended to read: 
  8.20     Subd. 6.  [DISTRIBUTION OF PARTY ACCOUNTS.] As soon as the 
  8.21  board has obtained from the secretary of state the results of 
  8.22  the primary election, but in any event no later than one week 
  8.23  after certification by the state canvassing board of the results 
  8.24  of the primary, the board shall distribute the available funds 
  8.25  in each party account, as certified by the commissioner of 
  8.26  revenue on September 1, to the candidates of that party for 
  8.27  statewide office who have signed the agreement as provided in 
  8.28  section 10A.322 and filed the affidavit required by section 
  8.29  10A.323, and whose names are to appear on the ballot in the 
  8.30  general election, according to the allocations set forth in 
  8.31  subdivision 5.  If a candidate files the affidavit required by 
  8.32  section 10A.323 after September 1 of the general election year, 
  8.33  the board shall pay the candidate's allocation to the candidate 
  8.34  at the next regular payment date for public subsidies for that 
  8.35  election cycle that occurs at least 15 days after the candidate 
  8.36  files the affidavit. 
  9.1      Sec. 6.  Minnesota Statutes 1998, section 10A.31, 
  9.2   subdivision 7, is amended to read: 
  9.3      Subd. 7.  [DISTRIBUTION OF GENERAL ACCOUNT.] Within two 
  9.4   weeks after certification by the state canvassing board of the 
  9.5   results of the general election, the board shall distribute the 
  9.6   available funds in the general account, as certified by the 
  9.7   commissioner of revenue on November 1 and according to 
  9.8   allocations set forth in subdivision 5, in equal amounts to all 
  9.9   candidates for each statewide office who received at least five 
  9.10  percent of the votes cast in the general election for that 
  9.11  office, and to all candidates for legislative office who 
  9.12  received at least ten percent of the votes cast in the general 
  9.13  election for the specific office for which they were candidates, 
  9.14  provided that the public subsidy under this subdivision may not 
  9.15  be paid in an amount that would cause the sum of the public 
  9.16  subsidy paid from the party account plus the public subsidy paid 
  9.17  from the general account and the public subsidy paid to match 
  9.18  independent expenditures to exceed 50 percent of the expenditure 
  9.19  limit for the candidate.  If a candidate is entitled to receive 
  9.20  an opponent's share of the general account public subsidy under 
  9.21  section 10A.25, subdivision 10, the opponent's share must be 
  9.22  excluded in calculating the 50 percent limit.  Money from the 
  9.23  general account not paid to a candidate because of the 50 
  9.24  percent limit must be distributed equally among all other 
  9.25  qualifying candidates for the same office until all have reached 
  9.26  the 50 percent limit or the balance in the general account is 
  9.27  exhausted.  The board shall not use the information contained in 
  9.28  the report of the principal campaign committee of any candidate 
  9.29  due ten days before the general election for the purpose of 
  9.30  reducing the amount due that candidate from the general account. 
  9.31     Sec. 7.  [10A.317] [SUBSIDY FOR LEGISLATIVE CANDIDATES.] 
  9.32     Subdivision 1.  [PAYMENT BEFORE PRIMARY.] At least 13 weeks 
  9.33  before the state primary, the board must pay a public subsidy to 
  9.34  each candidate for state senator or state representative who has 
  9.35  filed with the board a spending limit agreement under section 
  9.36  10A.322 and filed an affidavit of contributions under section 
 10.1   10A.323.  The amount of the subsidy is 45 percent of the 
 10.2   spending limit for the candidate under section 10A.25, 
 10.3   subdivision 2. 
 10.4      Subd. 2.  [PAYMENT AFTER PRIMARY.] As soon as the board has 
 10.5   obtained from the secretary of state the results of the state 
 10.6   primary, but no later than one week after certification by the 
 10.7   state canvassing board of the results of the primary, the board 
 10.8   must pay a public subsidy to each candidate for state senator or 
 10.9   state representative who has filed with the board a spending 
 10.10  limit agreement under section 10A.322, filed an affidavit of 
 10.11  contributions under section 10A.323, and whose name will appear 
 10.12  on the ballot in the general election.  The amount of the 
 10.13  subsidy is 45 percent of the spending limit for the candidate 
 10.14  under section 10A.25, subdivision 2, as adjusted by section 
 10.15  10A.25, subdivision 5. 
 10.16     Subd. 3.  [APPROPRIATION.] A sum sufficient to make the 
 10.17  payments required by this section is appropriated from the 
 10.18  general fund to the board. 
 10.19     Sec. 8.  Minnesota Statutes 1998, section 10A.322, is 
 10.20  amended to read: 
 10.21     10A.322 [PUBLIC SUBSIDY SPENDING LIMIT AGREEMENTS.] 
 10.22     Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
 10.23  condition of receiving a public subsidy, a candidate shall sign 
 10.24  and file with the board a written agreement in which the 
 10.25  candidate agrees that the candidate will comply with sections 
 10.26  10A.25; 10A.27, subdivision 10; and 10A.324. 
 10.27     (b) Before the first day of filing for office, the board 
 10.28  shall forward agreement forms to all filing officers.  The board 
 10.29  shall also provide agreement forms to candidates on request at 
 10.30  any time.  The candidate may sign an agreement and submit it to 
 10.31  the filing officer on the day of filing an affidavit of 
 10.32  candidacy or petition to appear on the ballot, in which case the 
 10.33  filing officer shall without delay forward signed agreements to 
 10.34  the board.  Alternatively, The candidate may submit must file 
 10.35  the agreement directly to with the board at any time before by 
 10.36  September 1 preceding the candidate's general election.  An 
 11.1   agreement may not be filed after that date.  An agreement once 
 11.2   filed may not be rescinded. 
 11.3      (c) The board shall forward a copy notify the commissioner 
 11.4   of revenue of any agreement signed under this subdivision to the 
 11.5   commissioner of revenue.  
 11.6      (d) Notwithstanding any provisions of this section 
 11.7   paragraph (b), when if a vacancy occurs that will be filled by 
 11.8   means of a special election and the filing period does not 
 11.9   coincide with the filing period for the general election, a 
 11.10  candidate may sign and submit a spending limit agreement at any 
 11.11  time before the deadline for submission of a signed agreement 
 11.12  under section 10A.315 not later than the day after the candidate 
 11.13  files the affidavit of candidacy or nominating petition for the 
 11.14  office. 
 11.15     Subd. 2.  [HOW LONG AGREEMENT IS EFFECTIVE.] The agreement, 
 11.16  insofar as it relates to the expenditure limits in section 
 11.17  10A.25, as adjusted by section 10A.255, and the contribution 
 11.18  limits in section 10A.27, subdivision 10, remains effective for 
 11.19  candidates until the dissolution of the principal campaign 
 11.20  committee of the candidate or the end of the first election 
 11.21  cycle completed after the agreement was filed, whichever occurs 
 11.22  first. 
 11.23     Subd. 3.  [ESTIMATE; ACTUAL AMOUNT.] For the purposes of 
 11.24  subdivisions 1 to 3 only, the total amount to be distributed to 
 11.25  each candidate is calculated to be the candidate's share of the 
 11.26  total estimated funds in the candidate's party account as 
 11.27  provided in section 10A.321, subdivision 1, plus the total 
 11.28  amount estimated as provided in section 10A.321, subdivision 1, 
 11.29  to be in the general account of the state elections campaign 
 11.30  fund and set aside for that office divided by the number of 
 11.31  candidates whose names are to appear on the general election 
 11.32  ballot for that office.  If for any reason the amount actually 
 11.33  received by the candidate is greater than the candidate's share 
 11.34  of the estimate, and the contributions thereby exceed the 
 11.35  difference, the agreement must not be considered violated. 
 11.36     Subd. 4.  [REFUND RECEIPT FORMS; PENALTY.] The board shall 
 12.1   make available to a political party on request and to any 
 12.2   candidate for statewide office for whom an agreement under this 
 12.3   section is effective, a supply of official refund receipt forms 
 12.4   that state in boldface type that (1) a contributor who is given 
 12.5   a receipt form is eligible to claim a refund as provided in 
 12.6   section 290.06, subdivision 23, and (2) if the contribution is 
 12.7   to a candidate, that the candidate has signed an agreement to 
 12.8   limit campaign expenditures as provided in this section.  The 
 12.9   forms must provide duplicate copies of the receipt to be 
 12.10  attached to the contributor's claim.  A candidate who does not 
 12.11  sign an agreement under this section and who willfully issues an 
 12.12  official refund receipt form or a facsimile of one to any of the 
 12.13  candidate's contributors is guilty of a misdemeanor. 
 12.14     Sec. 9.  Minnesota Statutes 1998, section 10A.323, is 
 12.15  amended to read: 
 12.16     10A.323 [MATCHING REQUIREMENTS AFFIDAVIT OF CONTRIBUTIONS.] 
 12.17     Subdivision 1.  [STATEWIDE CANDIDATES.] In addition to the 
 12.18  requirements of section 10A.322, to be eligible to receive a 
 12.19  public subsidy under section 10A.31 a candidate for statewide 
 12.20  office or the candidate's treasurer shall file an affidavit with 
 12.21  the board stating that during that calendar year the candidate 
 12.22  has accumulated contributions from persons eligible to vote in 
 12.23  this state in the amount indicated for the office sought, 
 12.24  counting only the first $50 received from each contributor: 
 12.25     (1) candidates for governor and lieutenant governor running 
 12.26  together, $35,000; 
 12.27     (2) candidates for attorney general, $15,000; and 
 12.28     (3) candidates for secretary of state, state treasurer, and 
 12.29  state auditor, separately, $6,000; 
 12.30     (4) candidates for the senate, $3,000; and 
 12.31     (5) candidates for the house of representatives, $1,500. 
 12.32     The affidavit must state the total amount of contributions 
 12.33  that have been received from persons eligible to vote in this 
 12.34  state and the total amount of those contributions received, 
 12.35  disregarding the portion of any contribution in excess of $50.  
 12.36     The candidate or the candidate's treasurer shall submit the 
 13.1   affidavit required by this section to the board in writing by 
 13.2   September 1 of the general election year to receive the payment 
 13.3   based on the results of made following the primary election, by 
 13.4   September 15 to receive the payment made October 1, by October 1 
 13.5   to receive the payment made October 15, and by November 1 to 
 13.6   receive the payment made November 15, and by December 1 to 
 13.7   receive the payment made December 15 following the general 
 13.8   election.  
 13.9      Subd. 2.  [LEGISLATIVE CANDIDATES.] In addition to the 
 13.10  requirements of section 10A.322, to be eligible to receive a 
 13.11  public subsidy under section 10A.317, a candidate for state 
 13.12  senator or state representative or the candidate's treasurer 
 13.13  must sign and file with the board an affidavit stating that 
 13.14  during the calendar year the candidate has accumulated 
 13.15  contributions of no more than $10 each from individuals eligible 
 13.16  to vote in this state in at least the amount indicated for the 
 13.17  office sought: 
 13.18     (1) candidates for the senate, $3,000; and 
 13.19     (2) candidates for the house of representatives, $1,500. 
 13.20     Sec. 10.  Minnesota Statutes 1998, section 290.06, 
 13.21  subdivision 23, is amended to read: 
 13.22     Subd. 23.  [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES 
 13.23  AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the 
 13.24  amount of the taxpayer's contributions made in the calendar year 
 13.25  to candidates and to any political party.  The maximum refund 
 13.26  for an individual must not exceed $50 and, for a married couple 
 13.27  filing jointly, must not exceed $100.  A refund of a 
 13.28  contribution is allowed only if the taxpayer files a form 
 13.29  required by the commissioner and attaches to the form a copy of 
 13.30  an official refund receipt form issued by the candidate or party 
 13.31  and signed by the candidate, the treasurer of the candidate's 
 13.32  principal campaign committee, or the party chair, after the 
 13.33  contribution was received.  The receipt forms must be numbered, 
 13.34  and the data on the receipt that are not public must be made 
 13.35  available to the campaign finance and public disclosure board 
 13.36  upon its request.  A claim must be filed with the commissioner 
 14.1   not sooner than January 1 of the calendar year in which the 
 14.2   contribution is made and no later than April 15 of the calendar 
 14.3   year following the calendar year in which the contribution is 
 14.4   made.  A taxpayer may file only one claim per calendar year.  
 14.5   Amounts paid by the commissioner after June 15 of the calendar 
 14.6   year following the calendar year in which the contribution is 
 14.7   made must include interest at the rate specified in section 
 14.8   270.76. 
 14.9      (b) No refund is allowed under this subdivision for a 
 14.10  contribution to any candidate unless the candidate: 
 14.11     (1) has signed an agreement to limit campaign expenditures 
 14.12  as provided in section 10A.322 or 10A.43; 
 14.13     (2) is seeking an office for which voluntary spending 
 14.14  limits are specified in section 10A.25 or 10A.43; and 
 14.15     (3) has designated a principal campaign committee.  
 14.16     This subdivision does not limit the campaign expenditure of 
 14.17  a candidate who does not sign an agreement but accepts a 
 14.18  contribution for which the contributor improperly claims a 
 14.19  refund.  
 14.20     (c) For purposes of this subdivision, "political party" 
 14.21  means a major political party as defined in section 200.02, 
 14.22  subdivision 7, or a minor political party qualifying for 
 14.23  inclusion on the income tax or property tax refund form under 
 14.24  section 10A.31, subdivision 3a.  
 14.25     A "major or minor party" includes the aggregate of the 
 14.26  party organization within each house of the legislature, the 
 14.27  state party organization, and the party organization within 
 14.28  congressional districts, counties, legislative districts, 
 14.29  municipalities, and precincts.  
 14.30     "Candidate" means a congressional candidate as defined in 
 14.31  section 10A.41, subdivision 4, or a candidate as defined in 
 14.32  section 10A.01, subdivision 5, except a candidate 
 14.33  for legislative or judicial office.  
 14.34     "Contribution" means a gift of money. 
 14.35     (d) The commissioner shall make copies of the form 
 14.36  available to the public and candidates upon request. 
 15.1      (e) The following data collected or maintained by the 
 15.2   commissioner under this subdivision are private:  the identities 
 15.3   of individuals claiming a refund, the identities of candidates 
 15.4   to whom those individuals have made contributions, and the 
 15.5   amount of each contribution.  
 15.6      (f) The commissioner shall report to the campaign finance 
 15.7   and public disclosure board by August 1 of each year a summary 
 15.8   showing the total number and aggregate amount of political 
 15.9   contribution refunds made on behalf of each candidate and each 
 15.10  political party.  These data are public. 
 15.11     (g) The amount necessary to pay claims for the refund 
 15.12  provided in this section is appropriated from the general fund 
 15.13  to the commissioner of revenue.