SF 2278

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; providing for clean money in 
  1.3             certain state elections; increasing disclosure of 
  1.4             campaign contributions to candidates; encouraging 
  1.5             candidates to accept only clean money for their 
  1.6             political campaigns; limiting campaign contributions 
  1.7             and expenditures; increasing public subsidies for 
  1.8             state candidates who agree to limit the sources and 
  1.9             amounts of contributions to their campaigns; imposing 
  1.10            criminal penalties; amending Minnesota Statutes 1998, 
  1.11            sections 10A.01, subdivisions 10, 10b, and by adding a 
  1.12            subdivision; 10A.10; 10A.14, subdivisions 1 and 2; 
  1.13            10A.20, subdivisions 1, 2, 3, 6b, and by adding 
  1.14            subdivisions; 10A.25, subdivisions 2 and 2a; 10A.27, 
  1.15            subdivisions 1, 2, 9, 10, 11, 12, and by adding a 
  1.16            subdivision; 10A.31, subdivisions 1, 2, 3, and 4; 
  1.17            10A.315; 10A.322, subdivisions 1, 2, and 4; 10A.323; 
  1.18            200.02, by adding a subdivision; 204B.11; 211B.15, 
  1.19            subdivision 16; and 290.06, subdivision 23; proposing 
  1.20            coding for new law in Minnesota Statutes, chapters 
  1.21            10A; and 211B; repealing Minnesota Statutes 1998, 
  1.22            sections 10A.25, subdivisions 5 and 6; 10A.31, 
  1.23            subdivisions 3a, 5, 6, 7, 10, 11, and 12; 10A.321; and 
  1.24            10A.322, subdivision 3. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  Minnesota Statutes 1998, section 10A.01, 
  1.27  subdivision 10, is amended to read: 
  1.28     Subd. 10.  [CAMPAIGN EXPENDITURE.] "Campaign expenditure" 
  1.29  or "expenditure" means a purchase or payment of money or 
  1.30  anything of value, or an advance of credit, made or incurred for 
  1.31  the purpose of influencing the nomination or election of a 
  1.32  candidate or for the purpose of promoting or defeating a ballot 
  1.33  question. 
  1.34     An expenditure is considered to be made in the year in 
  1.35  which the candidate made the purchase of goods or services or 
  2.1   incurred an obligation to pay for goods or services. 
  2.2      An expenditure made for the purpose of defeating a 
  2.3   candidate is considered made for the purpose of influencing the 
  2.4   nomination or election of that candidate or any opponent of that 
  2.5   candidate. 
  2.6      Except as provided in clause (a), expenditure includes the 
  2.7   dollar value of a donation in kind. 
  2.8      Expenditure does not include: 
  2.9      (a) Noncampaign disbursements as defined in subdivision 
  2.10  10c; 
  2.11     (b) Transfers as defined in subdivision 7a; 
  2.12     (c) Services provided without compensation by an individual 
  2.13  volunteering personal time on behalf of a candidate, ballot 
  2.14  question, political committee, or political fund; or 
  2.15     (d) The publishing or broadcasting of news items or 
  2.16  editorial comments by the news media, if the news medium is not 
  2.17  owned by or affiliated with any candidate or principal campaign 
  2.18  committee; or 
  2.19     (e) A regularly published newsletter or other communication 
  2.20  whose circulation is limited to an association's dues-paying 
  2.21  members. 
  2.22     Sec. 2.  Minnesota Statutes 1998, section 10A.01, 
  2.23  subdivision 10b, is amended to read: 
  2.24     Subd. 10b.  [INDEPENDENT EXPENDITURE.] (a) "Independent 
  2.25  expenditure" means an expenditure for a communication expressly 
  2.26  advocating the election or defeat of a clearly identified 
  2.27  candidate, which expenditure is made without the express or 
  2.28  implied consent, authorization, or cooperation of, and not in 
  2.29  concert with or at the request or suggestion of, any candidate 
  2.30  or any candidate's principal campaign committee or agent.  Using 
  2.31  campaign slogans or individual words that in context can have no 
  2.32  reasonable meaning other than to recommend the election or 
  2.33  defeat of a clearly identified candidate is presumed to be 
  2.34  express advocacy, but this presumption may be rebutted by a 
  2.35  preponderance of the evidence.  
  2.36     (b) An independent expenditure is not a contribution to 
  3.1   that candidate.  
  3.2      (c) An expenditure by a political party or political party 
  3.3   unit, as defined in section 10A.275, subdivision 3, in a race 
  3.4   where the political party has a candidate on the ballot is not 
  3.5   an independent expenditure. 
  3.6      (d) An expenditure is not independent if it is made: 
  3.7      (1) by an individual or association in cooperation, 
  3.8   consultation, or concert with, at the request or suggestion of, 
  3.9   or pursuant to a particular understanding with a candidate, a 
  3.10  principal campaign committee, or an agent acting on behalf of a 
  3.11  candidate or principal campaign committee; 
  3.12     (2) by an individual or association to disseminate, 
  3.13  distribute, or republish, in whole or in part, a broadcast or a 
  3.14  written, graphic, or other form of campaign material prepared by 
  3.15  a candidate or principal campaign committee, or an agent of a 
  3.16  candidate or principal campaign committee; 
  3.17     (3) based on specific information about the candidate's 
  3.18  plans, projects, or needs provided to the individual or 
  3.19  association making the expenditure by the candidate or the 
  3.20  candidate's agent, who provides the information with a view 
  3.21  toward having the expenditure made; 
  3.22     (4) by an individual who, in the same election cycle in 
  3.23  which the expenditure is made, is serving or has served as a 
  3.24  member, employee, fundraiser, or agent of the candidate's 
  3.25  principal campaign committee in an executive or policymaking 
  3.26  position; 
  3.27     (5) by an individual who, in the same election cycle in 
  3.28  which the expenditure is made, has served in a formal policy or 
  3.29  advisory position with the candidate's campaign or has 
  3.30  participated in strategic or policymaking discussions with the 
  3.31  candidate's campaign relating to the candidate's pursuit of 
  3.32  nomination or election to office; or 
  3.33     (6) by an individual who retains the professional services 
  3.34  of an individual or association that, in a nonministerial 
  3.35  capacity, has provided or is providing campaign-related services 
  3.36  in the same election cycle to a candidate who is pursuing the 
  4.1   same nomination or election as any of the candidates to whom the 
  4.2   communication refers.  "Professional services" means services in 
  4.3   support of a candidate's pursuit of nomination or election to 
  4.4   office, such as polling, media advice, direct mail, fundraising, 
  4.5   or campaign research. 
  4.6      Sec. 3.  Minnesota Statutes 1998, section 10A.01, is 
  4.7   amended by adding a subdivision to read: 
  4.8      Subd. 30.  [CONDUIT FUND.] "Conduit fund" means money, a 
  4.9   negotiable instrument, or a donation in kind collected by an 
  4.10  association from its employees and contributed to a candidate or 
  4.11  political committee only as directed by the employee from whom 
  4.12  the money was collected.  
  4.13     Sec. 4.  Minnesota Statutes 1998, section 10A.10, is 
  4.14  amended to read: 
  4.15     10A.10 [PENALTY FOR FALSE STATEMENTS.] 
  4.16     A report or statement required to be filed by sections 
  4.17  10A.02 to 10A.09 under this chapter shall be signed and 
  4.18  certified as true by the individual required to file the 
  4.19  report.  Any individual who signs and certifies to be true a 
  4.20  report or statement knowing it contains false information or who 
  4.21  knowingly omits required information is guilty of a gross 
  4.22  misdemeanor. 
  4.23     Sec. 5.  Minnesota Statutes 1998, section 10A.14, 
  4.24  subdivision 1, is amended to read: 
  4.25     Subdivision 1.  [REGISTRATION BY TREASURER.] The treasurer 
  4.26  of a political committee or, political fund, or conduit fund 
  4.27  shall register with the board by filing a statement of 
  4.28  organization no later than 14 days after the date upon which the 
  4.29  committee or fund has made or transferred a contribution, 
  4.30  received contributions or made expenditures in excess of $100.  
  4.31     Sec. 6.  Minnesota Statutes 1998, section 10A.14, 
  4.32  subdivision 2, is amended to read: 
  4.33     Subd. 2.  [CONTENTS.] The statement of organization shall 
  4.34  include: 
  4.35     (a) the name and address of the political committee or, 
  4.36  political fund, or conduit fund; 
  5.1      (b) the name and address of any supporting association of a 
  5.2   political fund or conduit fund; 
  5.3      (c) the name and address of the chair, the treasurer, and 
  5.4   any deputy treasurers and, for a principal campaign committee, 
  5.5   any other individual authorized to accept contributions on 
  5.6   behalf of the principal campaign committee; 
  5.7      (d) a listing of all depositories or safety deposit boxes 
  5.8   used; 
  5.9      (e) a statement as to whether the committee is a principal 
  5.10  campaign committee as authorized by section 10A.19, subdivision 
  5.11  1; and 
  5.12     (f) for political parties only, a list of categories of 
  5.13  substate units as defined in section 10A.27, subdivision 4. 
  5.14     Sec. 7.  Minnesota Statutes 1998, section 10A.20, 
  5.15  subdivision 1, is amended to read: 
  5.16     Subdivision 1.  [FIRST FILING; DURATION.] The treasurer of 
  5.17  every political committee and, political fund, and conduit fund 
  5.18  shall begin to file the reports required by this section in the 
  5.19  first year it receives contributions or makes transfers or 
  5.20  expenditures in excess of $100 and shall continue to file until 
  5.21  the committee or fund is terminated. 
  5.22     Sec. 8.  Minnesota Statutes 1998, section 10A.20, 
  5.23  subdivision 2, is amended to read: 
  5.24     Subd. 2.  [TIME FOR FILING.] The reports shall be filed 
  5.25  with the board on or before January 31 of each year and 
  5.26  additional reports shall be filed as required and in accordance 
  5.27  with clauses (a) and (b).  
  5.28     (a) In each year in which the name of the candidate is on 
  5.29  the ballot, the report of the principal campaign committee shall 
  5.30  be filed 15 days before a primary and ten days before a general 
  5.31  election, seven days before a special primary and a special 
  5.32  election, and ten days after a special election cycle.  In each 
  5.33  year in which the name of the candidate is on the ballot, the 
  5.34  report of a principal campaign committee of a candidate not 
  5.35  designated by the board as a participating candidate under 
  5.36  section 10A.3235 must also be filed by the last day of each 
  6.1   month, other than August and October.  The report due after a 
  6.2   special election may be filed on January 31 following the 
  6.3   special election if the special election is held not more than 
  6.4   60 days before that date.  
  6.5      (b) In each general election year political committees and 
  6.6   political funds other than principal campaign committees, 
  6.7   political funds, and conduit funds shall file reports ten 15 
  6.8   days before a primary and ten days before a general election and 
  6.9   before the last day of each month, other than August and October.
  6.10     If a scheduled filing date falls on a Saturday, Sunday or 
  6.11  legal holiday, the filing date shall be the next regular 
  6.12  business day. 
  6.13     Sec. 9.  Minnesota Statutes 1998, section 10A.20, 
  6.14  subdivision 3, is amended to read: 
  6.15     Subd. 3.  [CONTENTS OF REPORT; POLITICAL COMMITTEES AND 
  6.16  POLITICAL FUNDS.] Each report by a political committee or 
  6.17  political fund under this section shall disclose: 
  6.18     (a) The amount of liquid assets on hand at the beginning of 
  6.19  the reporting period; 
  6.20     (b) The name, address and employer, or occupation if 
  6.21  self-employed, of each individual, political committee or 
  6.22  political fund who within the year has made one or more 
  6.23  transfers or donations in kind to the political committee or 
  6.24  political fund, including the purchase of tickets for all fund 
  6.25  raising efforts, which in aggregate exceed $5 for a candidate 
  6.26  who has signed a spending limit agreement under section 10A.322 
  6.27  or $100 for other legislative or statewide candidates or ballot 
  6.28  questions, together with the amount and date of each transfer or 
  6.29  donation in kind, and the aggregate amount of transfers and 
  6.30  donations in kind within the year from each source so 
  6.31  disclosed.  A donation in kind shall be disclosed at its fair 
  6.32  market value.  An approved expenditure is listed as a donation 
  6.33  in kind.  A donation in kind is considered consumed in the 
  6.34  reporting period in which it is received.  The names of 
  6.35  contributors shall be listed in alphabetical order; 
  6.36     (c) The sum of contributions to the political committee or 
  7.1   political fund, and the sum of all contributions received 
  7.2   through each conduit fund and through all conduit funds, during 
  7.3   the reporting period; 
  7.4      (d) Each loan made or received by the political committee 
  7.5   or political fund within the year in aggregate in excess of $5 
  7.6   for the principal campaign committee of a candidate who has 
  7.7   signed a spending limit agreement under section 10A.322 
  7.8   or $100 for another committee or fund, continuously reported 
  7.9   until repaid or forgiven, together with the name, address, 
  7.10  occupation and the principal place of business, if any, of the 
  7.11  lender and any endorser and the date and amount of the loan.  If 
  7.12  any loan made to the principal campaign committee of a candidate 
  7.13  is forgiven at any time or repaid by any entity other than that 
  7.14  principal campaign committee, it shall be reported as a 
  7.15  contribution for the year in which the loan was made; 
  7.16     (e) Each receipt in excess of $100 not otherwise listed 
  7.17  under clauses (b) to (d); 
  7.18     (f) The sum of all receipts of the political committee or 
  7.19  political fund during the reporting period; 
  7.20     (g) The name and address of each individual or association 
  7.21  to whom aggregate expenditures, including approved expenditures, 
  7.22  have been made by or on behalf of the political committee or 
  7.23  political fund within the year in excess of $100, together with 
  7.24  the amount, date and purpose of each expenditure and the name 
  7.25  and address of, and office sought by, each candidate on whose 
  7.26  behalf the expenditure was made, identification of the ballot 
  7.27  question which the expenditure is intended to promote or defeat, 
  7.28  and in the case of independent expenditures made in opposition 
  7.29  to a candidate, the name, address and office sought for each 
  7.30  such candidate; 
  7.31     (h) The sum of all expenditures made by or on behalf of the 
  7.32  political committee or political fund during the reporting 
  7.33  period; 
  7.34     (i) The amount and nature of any advance of credit incurred 
  7.35  by the political committee or political fund, continuously 
  7.36  reported until paid or forgiven.  If any advance of credit 
  8.1   incurred by the principal campaign committee of a candidate is 
  8.2   forgiven at any time by the creditor or paid by any entity other 
  8.3   than that principal campaign committee, it shall be reported as 
  8.4   a donation in kind for the year in which the advance of credit 
  8.5   was incurred; 
  8.6      (j) The name and address of each political committee, 
  8.7   political fund, or principal campaign committee to which 
  8.8   aggregate transfers in excess of $100 have been made within the 
  8.9   year, together with the amount and date of each transfer; 
  8.10     (k) The sum of all transfers made by the political 
  8.11  committee, political fund, or principal campaign committee 
  8.12  during the reporting period; 
  8.13     (l) Except for contributions to a candidate or committee 
  8.14  for a candidate for office in a municipality as defined in 
  8.15  section 471.345, subdivision 1, the name and address of each 
  8.16  individual or association to whom aggregate noncampaign 
  8.17  disbursements in excess of $100 have been made within the year 
  8.18  by or on behalf of a principal campaign committee, political 
  8.19  committee, or political fund, together with the amount, date, 
  8.20  and purpose of each noncampaign disbursement; 
  8.21     (m) The sum of all noncampaign disbursements made within 
  8.22  the year by or on behalf of a principal campaign committee, 
  8.23  political committee, or political fund; 
  8.24     (n) The name and address of a nonprofit corporation that 
  8.25  provides administrative assistance to a political committee or 
  8.26  political fund as authorized by section 211B.15, subdivision 17, 
  8.27  together with the type of administrative assistance provided and 
  8.28  the aggregate fair market value of each type of assistance 
  8.29  provided to the political committee or political fund during the 
  8.30  reporting period; and 
  8.31     (o) A report filed under subdivision 2, clause (b), by a 
  8.32  political committee or political fund that is subject to 
  8.33  subdivision 14, must contain the information required by 
  8.34  subdivision 14, if the political committee or political fund has 
  8.35  solicited and caused others to make aggregate contributions 
  8.36  greater than $5,000 between January 1 of the general election 
  9.1   year and the end of the reporting period.  This disclosure 
  9.2   requirement is in addition to the report required by subdivision 
  9.3   14. 
  9.4      Sec. 10.  Minnesota Statutes 1998, section 10A.20, is 
  9.5   amended by adding a subdivision to read: 
  9.6      Subd. 3b.  [CONTENTS OF REPORT; CONDUIT FUNDS.] Each report 
  9.7   by a conduit fund under this section must disclose the sum of 
  9.8   all contributions made to each political committee, political 
  9.9   fund, principal campaign committee, or party unit and to all of 
  9.10  them together during the reporting period. 
  9.11     Sec. 11.  Minnesota Statutes 1998, section 10A.20, 
  9.12  subdivision 6b, is amended to read: 
  9.13     Subd. 6b.  [INDEPENDENT EXPENDITURES; NOTICE.] (a) 
  9.14  Within 24 48 hours after an individual, political committee, or 
  9.15  political fund, principal campaign committee, or party unit 
  9.16  makes or becomes obligated by oral or written agreement to make 
  9.17  an independent expenditure in excess of $100 in a legislative 
  9.18  district election or $500 in a statewide election, other than an 
  9.19  expenditure by an association targeted to inform solely its own 
  9.20  dues-paying members of the association's position on a 
  9.21  candidate, the individual, political committee, or political 
  9.22  fund shall file with the board an affidavit notifying the 
  9.23  board a notice of the intent to make the independent expenditure 
  9.24  and serve provide a copy of the affidavit on notice to each 
  9.25  candidate in the affected race and on to the treasurer of the 
  9.26  candidate's principal campaign committee.  The affidavit notice 
  9.27  must contain the information with respect to the expenditure 
  9.28  that is required to be reported under subdivision 3, paragraph 
  9.29  (g); except that if an expenditure is reported before it is 
  9.30  made, the notice must include a reasonable estimate of the 
  9.31  anticipated amount.  The notice must include an affidavit, under 
  9.32  penalty of perjury, signed and sworn to by the individual or by 
  9.33  the treasurer of the committee, fund, or party unit identifying 
  9.34  the candidate in support of or opposition to whom the 
  9.35  expenditure is made and affirming that the expenditure was 
  9.36  independent and involved no cooperation or coordination with a 
 10.1   candidate or a political party.  Each new expenditure requires a 
 10.2   new notice, except that the deadline for filing the second and 
 10.3   subsequent notices is seven days rather than 48 hours. 
 10.4      (b) During the last three weeks before the primary election 
 10.5   and during the last three weeks before the general election, the 
 10.6   notice must be filed whenever an individual, political 
 10.7   committee, political fund, principal campaign committee, or 
 10.8   party unit makes or becomes obligated by oral or written 
 10.9   agreement to make an independent expenditure of more than $50 in 
 10.10  a legislative election or $250 in a statewide election.  The 
 10.11  notice must be filed within 24 hours after making or becoming 
 10.12  obligated to make the independent expenditure. 
 10.13     (c) An individual or association may file a complaint with 
 10.14  the board that a required notice was not filed or that a notice 
 10.15  filed under this subdivision is false.  The board must determine 
 10.16  the complaint promptly.  If the board determines that a notice 
 10.17  was false and the board had distributed a public subsidy to a 
 10.18  candidate based on the false notice, the candidate must return 
 10.19  the subsidy to the board. 
 10.20     (d) An individual or the treasurer of a political committee 
 10.21  or, political fund, principal campaign committee, or party unit 
 10.22  who fails to give notice as required by this subdivision, or who 
 10.23  files a false affidavit of notice, is guilty of a gross 
 10.24  misdemeanor and is subject to a civil fine of up to four times 
 10.25  the amount of the independent expenditure stated in the notice 
 10.26  or of which notice was required, whichever is greater.  One who 
 10.27  files a false affidavit is guilty of a felony. 
 10.28     Sec. 12.  Minnesota Statutes 1998, section 10A.20, is 
 10.29  amended by adding a subdivision to read: 
 10.30     Subd. 6c.  [REPORTS BY NONPARTICIPATING CANDIDATES.] (a) 
 10.31  The treasurer of the principal campaign committee of a candidate 
 10.32  who has not signed a spending limit agreement under section 
 10.33  10A.322 must file with the board a report disclosing the sum of 
 10.34  all expenditures made by or on behalf of the committee that 
 10.35  exceed the expenditure limit for any opponent of the candidate 
 10.36  who has signed a spending limit agreement under section 10A.322 
 11.1   within 48 hours after the spending exceeds the spending limit by 
 11.2   more than $100 for a candidate for legislative office or $500 
 11.3   for a candidate for statewide office.  The treasurer must file 
 11.4   an additional report within seven days after spending any 
 11.5   additional amounts that exceed the participating candidate's 
 11.6   spending limit. 
 11.7      (b) During the last three weeks before the primary election 
 11.8   and during the last three weeks before the general election, the 
 11.9   treasurer must file the report within 24 hours after the 
 11.10  spending exceeds the spending limit by more than $50 for a 
 11.11  candidate for legislative office or $250 for a candidate for 
 11.12  statewide office.  
 11.13     Sec. 13.  Minnesota Statutes 1998, section 10A.20, is 
 11.14  amended by adding a subdivision to read: 
 11.15     Subd. 15.  [ISSUE ADVERTISEMENT.] (a) As used in this 
 11.16  subdivision, "issue advertisement" means a communication through 
 11.17  a broadcasting station, newspaper, magazine, outdoor advertising 
 11.18  facility, mailing, or any other type of general public political 
 11.19  advertising that meets the following criteria: 
 11.20     (1) its purchase is not an independent expenditure or a 
 11.21  contribution; 
 11.22     (2) it cost, in the aggregate, $500 or more in a statewide 
 11.23  election or $100 or more in a legislative district election; 
 11.24     (3) it contains the name or likeness of a candidate; 
 11.25     (4) it is communicated in a general election year before 
 11.26  the general election; and 
 11.27     (5) it recommends a position on a political issue. 
 11.28     (b) An individual or association that makes or becomes 
 11.29  obligated to make an expenditure to purchase an issue 
 11.30  advertisement must file with the board no later than one month 
 11.31  after making or becoming obligated to make the expenditure a 
 11.32  report disclosing the amount of the expenditure, the name and 
 11.33  address of the individual or association making the expenditure, 
 11.34  and a description of the content of the issue advertisement, 
 11.35  including a copy of any printed advertisement or a transcript of 
 11.36  any broadcast advertisement. 
 12.1      Sec. 14.  Minnesota Statutes 1998, section 10A.25, 
 12.2   subdivision 2, is amended to read: 
 12.3      Subd. 2.  [MAXIMUM EXPENDITURES.] (a) In a year in which an 
 12.4   election is held for an office sought by a candidate, Except as 
 12.5   provided in paragraphs (b) and (d), no expenditures shall be 
 12.6   made by the principal campaign committee of that a candidate, 
 12.7   nor any approved expenditures made on behalf of that 
 12.8   candidate which expenditures and approved expenditures during an 
 12.9   election cycle that result in an aggregate amount in excess of 
 12.10  the following: 
 12.11     (1) for governor and lieutenant governor, running together, 
 12.12  $1,626,691 $3,080,000; 
 12.13     (2) for attorney general, $271,116 $650,000; 
 12.14     (3) for secretary of state, state treasurer, and state 
 12.15  auditor, separately, $135,559 $350,000; 
 12.16     (4) for state senator, $40,669 $80,000 during a four-year 
 12.17  election cycle and $57,804 during a two-year election cycle; and 
 12.18     (5) for state representative, $20,335 $30,000. 
 12.19     (b) In addition to the amounts in paragraph (a), the 
 12.20  principal campaign committee of a candidate may make 
 12.21  expenditures during an election cycle and before the candidate 
 12.22  files an affidavit of qualifying contributions under section 
 12.23  10A.323 in the following amounts: 
 12.24     (1) for governor and lieutenant governor, running together, 
 12.25  $7,500; 
 12.26     (2) for attorney general, $5,000; 
 12.27     (3) for secretary of state and state auditor, $5,000; 
 12.28     (4) for state senator, $300; and 
 12.29     (5) for state representative, $150. 
 12.30     A candidate may not make the additional expenditures 
 12.31  allowed by this paragraph unless the candidate's principal 
 12.32  campaign committee does not accept aggregate contributions made 
 12.33  or delivered by any individual or association in excess of $55 
 12.34  in an election cycle and at least one-half the money spent under 
 12.35  this paragraph has been contributed by residents of this state, 
 12.36  and of the candidate's legislative district in the case of a 
 13.1   candidate for the legislature, who are at least 18 years of age. 
 13.2      (c) If a special election cycle occurs during a general 
 13.3   election cycle, expenditures by or on behalf of a candidate in 
 13.4   the special election do not count as expenditures by or on 
 13.5   behalf of the candidate in the general election. 
 13.6      (c) (d) The expenditure limits in this subdivision for an 
 13.7   office are increased by ten percent for a candidate who is 
 13.8   running for that office for the first time and who has not run 
 13.9   previously for any other office whose territory now includes a 
 13.10  population that is more than one-third of the population in the 
 13.11  territory of the new office. 
 13.12     Sec. 15.  Minnesota Statutes 1998, section 10A.25, 
 13.13  subdivision 2a, is amended to read: 
 13.14     Subd. 2a.  [AGGREGATED EXPENDITURES.] If a candidate makes 
 13.15  expenditures from more than one principal campaign committee for 
 13.16  nomination or election to statewide office in the same 
 13.17  election year cycle, the amount of expenditures from all of the 
 13.18  candidate's principal campaign committees for statewide office 
 13.19  for that election year cycle must be aggregated for purposes of 
 13.20  the application of the limits on campaign expenditures under 
 13.21  subdivision 2, clauses (a) to (c). 
 13.22     Sec. 16.  Minnesota Statutes 1998, section 10A.27, 
 13.23  subdivision 1, is amended to read: 
 13.24     Subdivision 1.  [CONTRIBUTION LIMITS.] (a) Except as 
 13.25  provided in paragraph (b) and in subdivision 2, no candidate 
 13.26  shall permit the candidate's principal campaign committee to 
 13.27  accept aggregate contributions made or delivered by any 
 13.28  individual, political committee, or political fund association 
 13.29  in excess of the following: 
 13.30     (a) (1) to candidates for governor and lieutenant governor 
 13.31  running together, $2,000 $3,500 in an election year for the 
 13.32  office sought and $500 in other years cycle; 
 13.33     (b) (2) to a candidate for attorney general, $1,000 $1,600 
 13.34  in an election year for the office sought and $200 in other 
 13.35  years cycle; 
 13.36     (c) (3) to a candidate for the office of secretary of state 
 14.1   , state treasurer or state auditor, $500 $800 in an election 
 14.2   year for the office sought and $100 in other years cycle; 
 14.3      (d) (4) to a candidate for state senator, $500 $800 in an 
 14.4   election year for the office sought and $100 in other years 
 14.5   cycle of four years and $600 in an election cycle of two years; 
 14.6   and 
 14.7      (e) (5) to a candidate for state representative, $500 $600 
 14.8   in an election year for the office sought and $100 in the other 
 14.9   year cycle. 
 14.10     (b) A candidate who accepts a public subsidy must not 
 14.11  permit the candidate's principal campaign committee to accept 
 14.12  aggregate contributions made or delivered by any individual or 
 14.13  association in excess of $55 in an election cycle. 
 14.14     (c) The following deliveries are not subject to the 
 14.15  bundling limitation in this subdivision: 
 14.16     (1) delivery of contributions collected by a member of the 
 14.17  candidate's principal campaign committee, such as a block worker 
 14.18  or a volunteer who hosts a fund raising event, to the 
 14.19  committee's treasurer registered with the board to accept 
 14.20  contributions on behalf of the committee; and 
 14.21     (2) a delivery made by an individual on behalf of the 
 14.22  individual's spouse. 
 14.23     Sec. 17.  Minnesota Statutes 1998, section 10A.27, 
 14.24  subdivision 2, is amended to read: 
 14.25     Subd. 2.  [CONTRIBUTIONS FROM POLITICAL PARTY UNITS.] No 
 14.26  candidate shall permit the candidate's principal campaign 
 14.27  committee to accept contributions from any political party units 
 14.28  in aggregate in excess of ten times the amount that may be 
 14.29  contributed to that candidate as set forth in subdivision 1 unit 
 14.30  that has issued an official refund receipt form under section 
 14.31  290.06, subdivision 23, during that election cycle. 
 14.32     Sec. 18.  Minnesota Statutes 1998, section 10A.27, 
 14.33  subdivision 9, is amended to read: 
 14.34     Subd. 9.  [TRANSFERS AMONG COMMITTEES; CONTRIBUTIONS FROM 
 14.35  CERTAIN CANDIDATES.] (a) A candidate or the treasurer of a 
 14.36  candidate's principal campaign committee shall not accept a 
 15.1   transfer or contribution from another candidate's principal 
 15.2   campaign committee or from any other committee bearing the 
 15.3   contributing candidate's name or title or otherwise authorized 
 15.4   by the contributing candidate, unless the contributing 
 15.5   candidate's principal campaign committee is being dissolved.  A 
 15.6   candidate's principal campaign committee shall not make a 
 15.7   transfer or contribution to another candidate's principal 
 15.8   campaign committee, except when the contributing committee is 
 15.9   being dissolved.  
 15.10     (b) A candidate's principal campaign committee shall not 
 15.11  accept a transfer or contribution from, or make a transfer or 
 15.12  contribution to, a committee associated with a person who seeks 
 15.13  nomination or election to the office of President, Senator, or 
 15.14  Representative in Congress of the United States. 
 15.15     (c) A candidate or the treasurer of a candidate's principal 
 15.16  campaign committee shall not accept a contribution from a 
 15.17  candidate for political subdivision office, unless the 
 15.18  contribution is from the personal funds of the candidate for 
 15.19  political subdivision office.  A candidate or the treasurer of a 
 15.20  candidate's principal campaign committee shall not make a 
 15.21  contribution from the principal campaign committee to a 
 15.22  candidate for political subdivision office. 
 15.23     Sec. 19.  Minnesota Statutes 1998, section 10A.27, 
 15.24  subdivision 10, is amended to read: 
 15.25     Subd. 10.  [PROHIBITED CONTRIBUTIONS.] A candidate who 
 15.26  accepts a public subsidy may not contribute to the candidate's 
 15.27  own campaign more than ten times the candidate's election year 
 15.28  contribution limit under subdivision 1 $55 in an election cycle. 
 15.29     Sec. 20.  Minnesota Statutes 1998, section 10A.27, 
 15.30  subdivision 11, is amended to read: 
 15.31     Subd. 11.  [CONTRIBUTIONS FROM CERTAIN TYPES OF 
 15.32  CONTRIBUTORS.] A candidate shall not permit the candidate's 
 15.33  principal campaign committee to accept a contribution from a 
 15.34  political committee other than a political party unit as defined 
 15.35  in section 10A.275, a political fund, a lobbyist, or a large 
 15.36  giver, if the contribution will cause the aggregate 
 16.1   contributions from those types of contributors to exceed an 
 16.2   amount equal to 20 percent of the expenditure limits for the 
 16.3   office sought by the candidate.  For purposes of this 
 16.4   subdivision, "large giver" means an individual, other than the 
 16.5   candidate, who contributes an amount that is more than $100 and 
 16.6   more than one-half the amount an individual may contribute. 
 16.7      Sec. 21.  Minnesota Statutes 1998, section 10A.27, 
 16.8   subdivision 12, is amended to read: 
 16.9      Subd. 12.  [CONTRIBUTIONS TO OTHER POLITICAL COMMITTEES OR 
 16.10  FUNDS.] (a) The treasurer of a political committee or political 
 16.11  fund, other than a candidate's principal campaign committee or a 
 16.12  political party unit as defined in section 10A.275, shall not 
 16.13  permit the political committee or political fund to accept 
 16.14  aggregate contributions from an individual, political committee, 
 16.15  or political fund in an amount more than $100 a year $500 in an 
 16.16  election cycle or from another political committee or political 
 16.17  fund in any amount. 
 16.18     (b) The treasurer of a political party unit may not permit 
 16.19  the political party unit to accept aggregate contributions from 
 16.20  an individual or association in an amount more than $1,000 in an 
 16.21  election cycle. 
 16.22     (c) An individual may not contribute more than $7,500 in 
 16.23  aggregate contributions for any purpose to all candidates, 
 16.24  political committees, political funds, and party units in an 
 16.25  election cycle. 
 16.26     Sec. 22.  Minnesota Statutes 1998, section 10A.27, is 
 16.27  amended by adding a subdivision to read: 
 16.28     Subd. 13.  [TRANSFERS BETWEEN PARTY UNITS PROHIBITED.] A 
 16.29  political party unit may not make a transfer to or accept a 
 16.30  transfer from another political party unit in this state or in 
 16.31  any other state or nation.  A political party unit may not make 
 16.32  a transfer to or accept a transfer from its national party 
 16.33  organization. 
 16.34     Sec. 23.  Minnesota Statutes 1998, section 10A.31, 
 16.35  subdivision 1, is amended to read: 
 16.36     Subdivision 1.  [AMOUNT ALLOWED.] For every individual 
 17.1   resident of Minnesota who files an income tax return or a renter 
 17.2   and homeowner property tax refund return with the commissioner 
 17.3   of revenue may designate on their original return that, $5 shall 
 17.4   be paid transferred from the general fund of the state into the 
 17.5   state elections campaign fund, unless the individual directs 
 17.6   that the $5 not be transferred.  If a husband and wife file a 
 17.7   joint return, each spouse may designate that $5 shall be paid 
 17.8   transferred for each spouse, unless the spouse directs that the 
 17.9   $5 not be transferred.  No individual shall be allowed to 
 17.10  designate The $5 may not be transferred more than once in any 
 17.11  year. 
 17.12     Sec. 24.  Minnesota Statutes 1998, section 10A.31, 
 17.13  subdivision 2, is amended to read: 
 17.14     Subd. 2.  [DESIGNATION OF ACCOUNT.] The taxpayer may 
 17.15  designate that the amount designated be paid into the account of 
 17.16  a political party or into transferred under subdivision 1 must 
 17.17  be credited to the general account. 
 17.18     Sec. 25.  Minnesota Statutes 1998, section 10A.31, 
 17.19  subdivision 3, is amended to read: 
 17.20     Subd. 3.  [FORM.] The commissioner of the department of 
 17.21  revenue shall provide on the first page of the income tax form 
 17.22  and the renter and homeowner property tax refund return a space 
 17.23  for the individual to indicate a wish to allocate direct that 
 17.24  the $5 ($10 if filing a joint return) from not be transferred to 
 17.25  the general fund of the state to finance election 
 17.26  campaigns.  The form shall also contain language prepared by the 
 17.27  commissioner which permits the individual to direct the state to 
 17.28  allocate the $5 (or $10 if filing a joint return) to:  (i) one 
 17.29  of the major political parties; (ii) any minor political party 
 17.30  as defined in section 10A.01, subdivision 13, which qualifies 
 17.31  under the provisions of subdivision 3a; or (iii) all qualifying 
 17.32  candidates as provided by subdivision 7.  The renter and 
 17.33  homeowner property tax refund return shall include instructions 
 17.34  that the individual filing the return may designate direct $5 on 
 17.35  the return only if the individual has not designated directed $5 
 17.36  on the income tax return. 
 18.1      Sec. 26.  Minnesota Statutes 1998, section 10A.31, 
 18.2   subdivision 4, is amended to read: 
 18.3      Subd. 4.  [APPROPRIATION.] (a) The amounts designated by 
 18.4   individuals for transferred to the state elections campaign 
 18.5   fund, less three percent, are appropriated from the general fund 
 18.6   and shall be credited to the appropriate general account in the 
 18.7   state elections campaign fund and annually appropriated for 
 18.8   distribution as set forth in subdivisions 5, 6 and 7 section 
 18.9   10A.3235.  An amount equal to three percent shall be retained in 
 18.10  the general fund for administrative costs.  
 18.11     (b) In addition to the amounts in paragraph (a), $1,500,000 
 18.12  for each general election there is appropriated from the general 
 18.13  fund to the general account of the state elections campaign fund 
 18.14  a sum sufficient to bring the distributions to candidates up to 
 18.15  the limits in section 10A.3235. 
 18.16     Sec. 27.  Minnesota Statutes 1998, section 10A.315, is 
 18.17  amended to read: 
 18.18     10A.315 [SPECIAL ELECTION SUBSIDY.] 
 18.19     (a) Each eligible candidate for a legislative office in a 
 18.20  special election must be paid a public subsidy equal to the sum 
 18.21  of: 
 18.22     (1) the party account money at the last general election 
 18.23  for the candidate's party for the office the candidate is 
 18.24  seeking; and 
 18.25     (2) the general account money public subsidy paid to 
 18.26  candidates for the same office at the last general election.  
 18.27     (b) If the filing period for the special election coincides 
 18.28  with the filing period for the general election, The candidate 
 18.29  must meet the matching qualifying requirements of section 
 18.30  10A.323 and the special election subsidy must be distributed in 
 18.31  the same manner as money is distributed to legislative 
 18.32  candidates in a general election. 
 18.33     (c) If the filing period for the special election does not 
 18.34  coincide with the filing period for the general election, the 
 18.35  procedures in this paragraph apply.  A candidate who wishes to 
 18.36  receive this public subsidy must submit a signed agreement under 
 19.1   section 10A.322 to the board not later than the day after the 
 19.2   candidate files the affidavit of candidacy or nominating 
 19.3   petition for the office.  The candidate must meet the matching 
 19.4   requirements of section 10A.323.  The special election subsidy 
 19.5   must be distributed in the same manner as money in the party and 
 19.6   general accounts is distributed to legislative candidates in a 
 19.7   general election. 
 19.8      (d) The amount necessary to make the payments required by 
 19.9   this subdivision section is appropriated from the general fund 
 19.10  to the state treasurer board. 
 19.11     Sec. 28.  Minnesota Statutes 1998, section 10A.322, 
 19.12  subdivision 1, is amended to read: 
 19.13     Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
 19.14  condition of receiving a public subsidy, a candidate shall sign 
 19.15  and file with the board a written agreement in which the 
 19.16  candidate agrees that the candidate will comply with sections 
 19.17  10A.25, 10A.27, and 10A.324. 
 19.18     (b) Before the first day of filing for office, the board 
 19.19  shall forward agreement forms to all filing officers.  The board 
 19.20  shall also provide agreement forms to candidates on request at 
 19.21  any time.  The candidate may sign an agreement and submit it to 
 19.22  the filing officer on the day of filing an affidavit of 
 19.23  candidacy or petition to appear on the ballot, in which case the 
 19.24  filing officer shall without delay forward signed agreements to 
 19.25  the board.  Alternatively, The candidate may submit must file 
 19.26  the agreement directly to with the board at any time before 
 19.27  September 1 preceding the general election not later than the 
 19.28  day after the candidate files the affidavit of candidacy for the 
 19.29  office.  An agreement may not be filed with the board after that 
 19.30  date.  An agreement once filed may not be rescinded. 
 19.31     (c) The board shall forward a copy notify the commissioner 
 19.32  of revenue of any agreement signed filed under this 
 19.33  subdivision to the commissioner of revenue.  
 19.34     (d) Notwithstanding any provisions of this section, when a 
 19.35  vacancy occurs that will be filled by means of a special 
 19.36  election and the filing period does not coincide with the filing 
 20.1   period for the general election, a candidate may sign and submit 
 20.2   a spending limit agreement at any time before the deadline for 
 20.3   submission of a signed agreement under section 10A.315. 
 20.4      Sec. 29.  Minnesota Statutes 1998, section 10A.322, 
 20.5   subdivision 2, is amended to read: 
 20.6      Subd. 2.  [HOW LONG AGREEMENT IS EFFECTIVE.] The agreement, 
 20.7   insofar as it relates to the expenditure limits in section 
 20.8   10A.25, as adjusted by section 10A.255, and the contribution 
 20.9   limits in section 10A.27, remains effective for candidates until 
 20.10  the dissolution of the principal campaign committee of the 
 20.11  candidate or the end of the first election cycle completed after 
 20.12  the agreement was filed, whichever occurs first. 
 20.13     Sec. 30.  Minnesota Statutes 1998, section 10A.322, 
 20.14  subdivision 4, is amended to read: 
 20.15     Subd. 4.  [REFUND RECEIPT FORMS; PENALTY.] The board shall 
 20.16  make available to a political party as defined in section 
 20.17  290.06, subdivision 23, on request and to any candidate for whom 
 20.18  an agreement under this section is effective, a supply of 
 20.19  official refund receipt forms that state in boldface type that 
 20.20  (1) a contributor who is given a receipt form is eligible to 
 20.21  claim a refund as provided in section 290.06, subdivision 23, 
 20.22  and (2) if the contribution is to a candidate, that the 
 20.23  candidate has signed an agreement to limit campaign expenditures 
 20.24  as provided in this section.  The forms must provide duplicate 
 20.25  copies of the receipt to be attached to the contributor's 
 20.26  claim.  A candidate who does not sign an agreement under this 
 20.27  section and who willfully issues an official refund receipt form 
 20.28  or a facsimile of one to any of the candidate's contributors is 
 20.29  guilty of a misdemeanor.  A principal campaign committee or 
 20.30  party unit must return to the board with its termination report 
 20.31  or destroy any official receipt forms that have not been issued. 
 20.32     Sec. 31.  Minnesota Statutes 1998, section 10A.323, is 
 20.33  amended to read: 
 20.34     10A.323 [MATCHING REQUIREMENTS QUALIFYING CONTRIBUTIONS.] 
 20.35     In addition to the requirements of section 10A.322, to be 
 20.36  eligible to receive a public subsidy under section 10A.31 
 21.1   10A.3235 a candidate or the candidate's treasurer shall file an 
 21.2   affidavit with the board stating that during that calendar year 
 21.3   the 13 weeks before the deadline for filing for office the 
 21.4   candidate has accumulated contributions of no more than $5 each 
 21.5   from persons eligible to vote in individuals who are at least 18 
 21.6   years of age and are residents of this state and, in the case of 
 21.7   a legislative candidate, of the candidate's legislative 
 21.8   district, in at least the amount indicated for the office sought 
 21.9   , counting only the first $50 received from each contributor: 
 21.10     (1) candidates for governor and lieutenant governor running 
 21.11  together, $35,000 $12,500; 
 21.12     (2) candidates for attorney general, $15,000 $5,000; 
 21.13     (3) candidates for secretary of state, state treasurer, and 
 21.14  state auditor, separately, $6,000 $3,750; 
 21.15     (4) candidates for the senate, $3,000 $1,000; and 
 21.16     (5) candidates for the house of 
 21.17  representatives, $1,500 $500. 
 21.18     The affidavit must state the total amount of contributions 
 21.19  that have been received from persons eligible to vote in this 
 21.20  state and the total amount of those contributions received, 
 21.21  disregarding the portion of any contribution in excess of $50.  
 21.22     A candidate for statewide office must raise at least five 
 21.23  percent of the qualifying amount from residents of each 
 21.24  congressional district. 
 21.25     Each qualifying contribution must be acknowledged by a 
 21.26  receipt to the contributor, with a copy to be kept by the 
 21.27  candidate and a second copy to be filed with the board.  The 
 21.28  receipt must be in a form specified by the board.  It must state 
 21.29  that the contributor understands that the purpose of the 
 21.30  contribution is to help the candidate qualify for a clean money 
 21.31  public subsidy.  The receipt must include the contributor's 
 21.32  printed name, home address, and telephone number, and the name 
 21.33  of the candidate on whose behalf the contribution was made.  The 
 21.34  receipt must be signed by the contributor. 
 21.35     The candidate or the candidate's treasurer shall submit the 
 21.36  affidavit required by this section to the board in writing by 
 22.1   September 1 of the general election year to receive the payment 
 22.2   based on the results of the primary election, by September 15 to 
 22.3   receive the payment made October 1, by October 1 to receive the 
 22.4   payment made October 15, by November 1 to receive the payment 
 22.5   made November 15, and by December 1 to receive the payment made 
 22.6   December 15 no later than the day after the candidate files the 
 22.7   affidavit of candidacy for the office. 
 22.8      Along with the affidavit of contributions, the candidate 
 22.9   must file with the board a copy of a receipt signed by each 
 22.10  contributor and must pay to the board the amount of qualifying 
 22.11  contributions shown in the affidavit.  The board must deposit 
 22.12  the contributions in the state treasury and credit them to the 
 22.13  general account in the state elections campaign fund. 
 22.14     Sec. 32.  [10A.3235] [CLEAN MONEY PUBLIC SUBSIDY.] 
 22.15     Subdivision 1.  [PAYMENT TO PARTICIPATING CANDIDATES.] Upon 
 22.16  determining that a candidate has met all the requirements for 
 22.17  receiving a public subsidy, the board must designate the 
 22.18  candidate as "participating."  Within one week after the close 
 22.19  of filings for office, the board must pay each participating 
 22.20  candidate a public subsidy as provided in this section.  The 
 22.21  payment must be in the form of a check made "payable to the 
 22.22  campaign fund of ...... (name of candidate) ....... 
 22.23     Subd. 2.  [PAYMENT FOR PRIMARY ELECTION.] A participating 
 22.24  candidate who has an opponent in a major party primary must be 
 22.25  paid a public subsidy equal to 40 percent of the candidate's 
 22.26  spending limit. 
 22.27     If a participating candidate does not have an opponent in 
 22.28  the primary or will appear on the general election ballot by 
 22.29  petition, but another candidate in a major party primary for the 
 22.30  same office has an opponent, the candidate must be paid a public 
 22.31  subsidy equal to ten percent of the candidate's spending limit. 
 22.32     If no candidate in a major party primary for an office has 
 22.33  an opponent and no candidate will appear on the general election 
 22.34  ballot by petition, no candidate for that office may be paid a 
 22.35  public subsidy before the primary. 
 22.36     Subd. 3.  [PAYMENT FOR GENERAL ELECTION.] As soon as the 
 23.1   board has obtained from the secretary of state the results of 
 23.2   the primary election, but no later than one week after the state 
 23.3   canvassing board has certified the results of the primary, the 
 23.4   board must pay to each participating candidate whose name will 
 23.5   appear on the ballot in the general election a public subsidy 
 23.6   equal to 60 percent of the candidate's spending limit, except 
 23.7   that a candidate who has no opponent in the general election 
 23.8   must be paid a subsidy equal to six percent of the candidate's 
 23.9   spending limit. 
 23.10     Subd. 4.  [PAYMENT TO MATCH EXCESS SPENDING.] Upon receipt 
 23.11  of a report of excess spending under section 10A.20, subdivision 
 23.12  6c, the board must pay an additional public subsidy to any 
 23.13  participating opponent of the nonparticipating candidate.  The 
 23.14  amount of the subsidy is equal to the amount of the excess 
 23.15  spending reported, but not more than twice the original spending 
 23.16  limit of the participating candidate.  The spending limit of the 
 23.17  participating candidate is increased by the amount of the 
 23.18  additional public subsidy. 
 23.19     Subd. 5.  [PAYMENT TO MATCH INDEPENDENT EXPENDITURES.] (a) 
 23.20  Upon receipt of a notice of independent expenditures under 
 23.21  section 10A.20, subdivision 6b, the board must pay an additional 
 23.22  public subsidy to a participating candidate as provided in this 
 23.23  subdivision.  For purposes of this subdivision, before the 
 23.24  primary election, "opponent" includes the participating 
 23.25  candidates whose names are on the ballot for the primary of the 
 23.26  same major party or, if there are none, the participating 
 23.27  candidates whose names will be on the ballot for the general 
 23.28  election.  
 23.29     (b) If the independent expenditure advocates the defeat of 
 23.30  a participating candidate, the board must pay a subsidy to the 
 23.31  participating candidate equal to the independent expenditure. 
 23.32     (c) If the independent expenditure advocates the election 
 23.33  of a participating candidate, the board must pay a subsidy to 
 23.34  each participating opponent of the candidate equal to the 
 23.35  independent expenditure. 
 23.36     (d) If the independent expenditure advocates the election 
 24.1   of a nonparticipating candidate, the board must pay a subsidy to 
 24.2   each participating opponent of the candidate.  The amount of the 
 24.3   public subsidy is the amount by which the sum of campaign 
 24.4   expenditures by the nonparticipating candidate plus the 
 24.5   independent expenditure exceeds the public subsidy previously 
 24.6   paid to the participating candidate. 
 24.7      (e) The additional subsidy paid under this subdivision may 
 24.8   not exceed twice the public subsidy previously paid to the 
 24.9   participating candidate.  The spending limit of the 
 24.10  participating candidate is increased by the amount of the 
 24.11  additional public subsidy. 
 24.12     Sec. 33.  Minnesota Statutes 1998, section 200.02, is 
 24.13  amended by adding a subdivision to read: 
 24.14     Subd. 23.  [MINOR POLITICAL PARTY.] (a) "Minor political 
 24.15  party" means a political party that is not a major political 
 24.16  party as defined by subdivision 7 and that has adopted a state 
 24.17  constitution, designated a state party chair, and met the 
 24.18  requirements of paragraph (b) or (c), as applicable. 
 24.19     (b) To be considered a minor party in all elections 
 24.20  statewide, the political party must have presented at least one 
 24.21  candidate for a partisan office voted on statewide at the 
 24.22  preceding state general election who received votes in each 
 24.23  county that in the aggregate equal at least one percent of the 
 24.24  total number of individuals who voted in the election, or its 
 24.25  members must have presented to the secretary of state a 
 24.26  nominating petition in a form prescribed by the secretary of 
 24.27  state containing the signatures of party members in a number 
 24.28  equal to at least one percent of the total number of individuals 
 24.29  who voted in the preceding state general election.  
 24.30     (c) To be considered a minor party in an election in a 
 24.31  legislative district, the political party must have presented at 
 24.32  least one candidate for a legislative office in that district 
 24.33  who received votes from at least ten percent of the total number 
 24.34  of individuals who voted for that office, or its members must 
 24.35  have presented to the secretary of state a nominating petition 
 24.36  in a form prescribed by the secretary of state containing the 
 25.1   signatures of party members in a number equal to at least ten 
 25.2   percent of the total number of individuals who voted in the 
 25.3   preceding state general election for that legislative office. 
 25.4      Sec. 34.  Minnesota Statutes 1998, section 204B.11, is 
 25.5   amended to read: 
 25.6      204B.11 [CANDIDATES; FILING FEES; PETITION IN PLACE OF 
 25.7   FILING FEE.] 
 25.8      Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
 25.9   Except as provided by subdivision 2, a filing fee shall be paid 
 25.10  by each candidate who files an affidavit of candidacy.  The fee 
 25.11  shall be paid at the time the affidavit is filed.  The amount of 
 25.12  the filing fee shall vary with the office sought as follows: 
 25.13     (a) for the office of governor, lieutenant governor, 
 25.14  attorney general, state auditor, state treasurer, secretary of 
 25.15  state, representative in Congress, judge of the supreme court, 
 25.16  judge of the court of appeals, or judge of the district court, 
 25.17  $300; 
 25.18     (b) for the office of senator in Congress, $400; 
 25.19     (c) for office of senator or representative in the 
 25.20  legislature, $100; 
 25.21     (d) for a county office, $50; and 
 25.22     (e) (d) for the office of soil and water conservation 
 25.23  district supervisor, $20. 
 25.24     For the office of presidential elector, governor, 
 25.25  lieutenant governor, attorney general, state auditor, secretary 
 25.26  of state, or senator or representative in the legislature, and 
 25.27  for those offices for which no compensation is provided, no 
 25.28  filing fee is required. 
 25.29     The filing fees received by the county auditor shall 
 25.30  immediately be paid to the county treasurer.  The filing fees 
 25.31  received by the secretary of state shall immediately be paid to 
 25.32  the state treasurer. 
 25.33     When an affidavit of candidacy has been filed with the 
 25.34  appropriate filing officer and the requisite filing fee has been 
 25.35  paid, the filing fee shall not be refunded.  If a candidate's 
 25.36  filing fee is paid with a check, draft, or similar negotiable 
 26.1   instrument for which sufficient funds are not available or that 
 26.2   is dishonored, notice to the candidate of the worthless 
 26.3   instrument must be sent by the filing officer via registered 
 26.4   mail no later than immediately upon the closing of the filing 
 26.5   deadline with return receipt requested.  The candidate will have 
 26.6   five days from the time the filing officer receives proof of 
 26.7   receipt to issue a check or other instrument for which 
 26.8   sufficient funds are available.  The candidate issuing the 
 26.9   worthless instrument is liable for a service charge pursuant to 
 26.10  section 332.50.  If adequate payment is not made, the name of 
 26.11  the candidate must not appear on any official ballot and the 
 26.12  candidate is liable for all costs incurred by election officials 
 26.13  in removing the name from the ballot. 
 26.14     Subd. 2.  [PETITION IN PLACE OF FILING FEE.] At the time of 
 26.15  filing an affidavit of candidacy, a candidate may present a 
 26.16  petition in place of the filing fee.  A candidate for the office 
 26.17  of governor, lieutenant governor, attorney general, state 
 26.18  auditor, secretary of state, or senator or representative in the 
 26.19  legislature who has not been designated a participating 
 26.20  candidate by the campaign finance and public disclosure board 
 26.21  under section 10A.3235 must present a petition in place of a 
 26.22  filing fee.  The petition may be signed by any individual 
 26.23  eligible to vote for the candidate.  A nominating petition filed 
 26.24  pursuant to section 204B.07 or 204B.13, subdivision 4, is 
 26.25  effective as a petition in place of a filing fee if the 
 26.26  nominating petition includes a prominent statement informing the 
 26.27  signers of the petition that it will be used for that purpose.  
 26.28     The number of signatures on a petition in place of a filing 
 26.29  fee shall be as follows:  
 26.30     (a) for governor and lieutenant governor, 7,500; 
 26.31     (b) for attorney general, 3,000; 
 26.32     (c) for state auditor or secretary of state, 2,250; 
 26.33     (d) for a state judicial office voted on statewide, or for 
 26.34  president of the United States, or United States senator, 2,000; 
 26.35     (b) (e) for a congressional office, 1,000; 
 26.36     (f) for state senator, 600; 
 27.1      (g) for state representative, 300; 
 27.2      (c) (h) for a county or legislative office, or for the 
 27.3   office of district judge, 500; and 
 27.4      (d) (i) for any other office which requires a filing fee as 
 27.5   prescribed by law, municipal charter, or ordinance, the lesser 
 27.6   of 500 signatures or five percent of the total number of votes 
 27.7   cast in the municipality, ward, or other election district at 
 27.8   the preceding general election at which that office was on the 
 27.9   ballot.  
 27.10     An official with whom petitions are filed shall make sample 
 27.11  forms for petitions in place of filing fees available upon 
 27.12  request.  
 27.13     Sec. 35.  Minnesota Statutes 1998, section 211B.15, 
 27.14  subdivision 16, is amended to read: 
 27.15     Subd. 16.  [EMPLOYEE POLITICAL FUND SOLICITATION.] Any 
 27.16  solicitation of political contributions by an employee must be 
 27.17  in writing, informational and nonpartisan in nature, and not 
 27.18  promotional for any particular candidate or group of 
 27.19  candidates.  The solicitation must consist only of a general 
 27.20  request on behalf of an independent political committee (a 
 27.21  conduit fund), as defined in section 10A.01, subdivision 30, and 
 27.22  must state that there is no minimum contribution, that a 
 27.23  contribution or lack thereof will in no way impact the 
 27.24  employee's employment, that the employee must direct the 
 27.25  contribution to candidates of the employee's choice, and that 
 27.26  any response by the employee shall remain confidential and shall 
 27.27  not be directed to the employee's supervisors or managers.  
 27.28  Questions from an employee regarding a solicitation may be 
 27.29  answered orally or in writing consistent with the above 
 27.30  requirements.  Nothing in this subdivision authorizes a 
 27.31  corporate donation of an employee's time prohibited under 
 27.32  subdivision 2.  
 27.33     Sec. 36.  [211B.22] [PARTICIPATING CANDIDATE CAMPAIGN 
 27.34  MATERIAL.] 
 27.35     A candidate may not claim in any campaign material or 
 27.36  communication to be a "participating candidate" unless the 
 28.1   candidate has been designated a participating candidate by the 
 28.2   campaign finance and public disclosure board under section 
 28.3   10A.3235 for participating in the clean money campaign finance 
 28.4   program. 
 28.5      Sec. 37.  [211B.23] [VIOLATION OF CAMPAIGN FINANCE LAW.] 
 28.6      A candidate who commits a violation of the campaign 
 28.7   contribution limits in section 10A.27 or the campaign spending 
 28.8   limits in section 10A.25 that is deliberate and serious but not 
 28.9   material to the outcome of the election is guilty of a gross 
 28.10  misdemeanor.  A candidate who commits a violation of the 
 28.11  campaign contribution limits in section 10A.27 or the campaign 
 28.12  spending limit in section 10A.25 that is deliberate, serious, 
 28.13  and material to the outcome of the election is guilty of a 
 28.14  felony. 
 28.15     Sec. 38.  Minnesota Statutes 1998, section 290.06, 
 28.16  subdivision 23, is amended to read: 
 28.17     Subd. 23.  [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES 
 28.18  AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the 
 28.19  amount of the taxpayer's contributions made in the calendar year 
 28.20  to candidates and to any political party, except that a taxpayer 
 28.21  may not claim a refund for a qualifying contribution under 
 28.22  section 10A.323.  The maximum refund for an individual must not 
 28.23  exceed $50 and, for a married couple filing jointly, must not 
 28.24  exceed $100.  A refund of a contribution is allowed only if the 
 28.25  taxpayer files a form required by the commissioner and attaches 
 28.26  to the form a copy of an official refund receipt form issued by 
 28.27  the candidate or party and signed by the candidate, the 
 28.28  treasurer of the candidate's principal campaign committee, or 
 28.29  the party chair, after the contribution was received.  The 
 28.30  receipt forms must be numbered, and the data on the receipt that 
 28.31  are not public must be made available to the campaign finance 
 28.32  and public disclosure board upon its request.  A claim must be 
 28.33  filed with the commissioner not sooner than January 1 of the 
 28.34  calendar year in which the contribution is made and no later 
 28.35  than April 15 of the calendar year following the calendar year 
 28.36  in which the contribution is made.  A taxpayer may file only one 
 29.1   claim per calendar year.  Amounts paid by the commissioner after 
 29.2   June 15 of the calendar year following the calendar year in 
 29.3   which the contribution is made must include interest at the rate 
 29.4   specified in section 270.76. 
 29.5      (b) No refund is allowed under this subdivision for a 
 29.6   contribution to any candidate unless the candidate: 
 29.7      (1) has signed an agreement to limit campaign expenditures 
 29.8   as provided in section 10A.322 or 10A.43; 
 29.9      (2) is seeking an office for which voluntary spending 
 29.10  limits are specified in section 10A.25 or 10A.43; and 
 29.11     (3) has designated a principal campaign committee.  
 29.12     This subdivision does not limit the campaign expenditure of 
 29.13  a candidate who does not sign an agreement but accepts a 
 29.14  contribution for which the contributor improperly claims a 
 29.15  refund.  
 29.16     (c) For purposes of this subdivision, "political party" 
 29.17  means a major political party as defined in section 200.02, 
 29.18  subdivision 7, or a minor political party qualifying for 
 29.19  inclusion on the income tax or property tax refund form under 
 29.20  section 10A.31, subdivision 3a as defined in section 200.02, 
 29.21  subdivision 23, that satisfies the following conditions, as 
 29.22  certified by the secretary of state to the commissioner of 
 29.23  revenue and the campaign finance and public disclosure board by 
 29.24  July 1 of the taxable year: 
 29.25     (1) in the last general election, the party ran a candidate 
 29.26  for the office of governor, secretary of state, state auditor, 
 29.27  or attorney general who received votes in each county that in 
 29.28  the aggregate total at least one percent of the total number of 
 29.29  individuals who voted in the election; 
 29.30     (2) it is a political party, not a principal campaign 
 29.31  committee; 
 29.32     (3) it has held a state convention in the last two years 
 29.33  and an officer of the party has filed with the secretary of 
 29.34  state a certification to that effect; and 
 29.35     (4) it has agreed not to make contributions to or campaign 
 29.36  expenditures on behalf of any candidate eligible to participate 
 30.1   in the political contribution refund program. 
 30.2      A "major or minor party" includes the aggregate of the 
 30.3   party organization within each house of the legislature, the 
 30.4   state party organization, and the party organization within 
 30.5   congressional districts, counties, and legislative districts, 
 30.6   municipalities, and precincts.  
 30.7      "Candidate" means a congressional candidate as defined in 
 30.8   section 10A.41, subdivision 4, or a candidate as defined in 
 30.9   section 10A.01, subdivision 5, except a candidate for judicial 
 30.10  office.  
 30.11     "Contribution" means a gift of money. 
 30.12     (d) The commissioner shall make copies of the form 
 30.13  available to the public and candidates upon request. 
 30.14     (e) The following data collected or maintained by the 
 30.15  commissioner under this subdivision are private:  the identities 
 30.16  of individuals claiming a refund, the identities of candidates 
 30.17  to whom those individuals have made contributions, and the 
 30.18  amount of each contribution.  
 30.19     (f) The commissioner shall report to the campaign finance 
 30.20  and public disclosure board by August 1 of each year a summary 
 30.21  showing the total number and aggregate amount of political 
 30.22  contribution refunds made on behalf of each candidate and each 
 30.23  political party.  These data are public. 
 30.24     (g) The amount necessary to pay claims for the refund 
 30.25  provided in this section is appropriated from the general fund 
 30.26  to the commissioner of revenue. 
 30.27     Sec. 39. [REPEALER.] 
 30.28     Minnesota Statutes 1998, sections 10A.25, subdivisions 5 
 30.29  and 6; 10A.31, subdivisions 3a, 5, 6, 7, 10, 11, and 12; 
 30.30  10A.321; and 10A.322, subdivision 3, are repealed. 
 30.31     Sec. 40.  [EFFECTIVE DATE.] 
 30.32     This act is effective January 1, 2001.