SF 2515

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/11/2021 08:09am

A bill for an act
relating to campaign finance; allowing noncampaign disbursements for child care
costs and for costs incurred due to a candidate's disability; allowing unused funds
to be carried forward for child care costs and for costs incurred due to a candidate's
disability; amending Minnesota Statutes 2020, sections 10A.01, subdivision 26;
10A.173, subdivision 4; 10A.257, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2020, section 10A.01, subdivision 26, is amended to read:

Subd. 26.

Noncampaign disbursement.

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

(1) payment for accounting and legal services;

(2) return of a contribution to the source;

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

(4) return of a public subsidy;

(5) payment for food, beverages, and necessary utensils and supplies, entertainment,
and facility rental for a fund-raising event;

(6) services for a constituent by a member of the legislature or a constitutional officer
in the executive branch as provided in section 10A.173, subdivision 1;

(7) payment for food and beverages consumed by a candidate or volunteers while they
are engaged in campaign activities;

(8) payment for food or a beverage consumed while attending a reception or meeting
directly related to legislative duties;

(9) payment of expenses incurred by elected or appointed leaders of a legislative caucus
in carrying out their leadership responsibilities;

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

(11) costs of child care for the candidate's children when campaigning new text begin or while performing
legislative duties new text end ;

(12) fees paid to attend a campaign school;

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

(14) interest on loans paid by a principal campaign committee on outstanding loans;

(15) filing fees;

(16) post-general election holiday or seasonal cards, thank-you notes, or advertisements
in the news media mailed or published prior to the end of the election cycle;

(17) the cost of campaign material purchased to replace defective campaign material, if
the defective material is destroyed without being used;

(18) contributions to a party unit;

(19) payments for funeral gifts or memorials;

(20) the cost of a magnet less than six inches in diameter containing legislator contact
information and distributed to constituents;

(21) costs associated with a candidate attending a political party state or national
convention in this state;

(22) other purchases or payments specified in board rules or advisory opinions as being
for any purpose other than to influence the nomination or election of a candidate or to
promote or defeat a ballot question;

(23) costs paid to a third party for processing contributions made by a credit card, debit
card, or electronic check;

(24) a contribution to a fund established to support a candidate's participation in a recount
of ballots affecting that candidate's election;

(25) costs paid by a candidate's principal campaign committee for a single reception
given in honor of the candidate's retirement from public office after the filing period for
affidavits of candidacy for that office has closed;

(26) a donation from a terminating principal campaign committee to the state general
fund; deleted text begin and
deleted text end

(27) a donation from a terminating principal campaign committee to a county obligated
to incur special election expenses due to that candidate's resignation from state office new text begin ; and
new text end

new text begin (28) costs of campaigning incurred by a person with a disability, as defined in section
363A.03, subdivision 12, including transportation costs that are made necessary by the
disability new text end .

(b) The board must determine whether an activity involves a noncampaign disbursement
within the meaning of this subdivision.

(c) A noncampaign disbursement is considered to be made in the year in which the
candidate made the purchase of goods or services or incurred an obligation to pay for goods
or services.

Sec. 2.

Minnesota Statutes 2020, section 10A.173, subdivision 4, is amended to read:

Subd. 4.

Expenses for serving in public office.

(a) A candidate's committee may claim
the following expenses as noncampaign disbursements for expenses for serving in public
office under section 10A.01, subdivision 26, paragraph (a), clause (10):

(1) the cost of transportation, lodging, meals, and other expenses necessary to attend
meetings and conferences when the reason that the candidate attends the event is to assist
the candidate in performing the duties of the office held and the candidate would not attend
the event if the candidate were not an office holder;

(2) the cost of traveling to the State Capitol for scheduled legislative committee meetings
and regular and special legislative sessions when those costs are not reimbursed by another
source; deleted text begin and
deleted text end

(3) new text begin any other transportation costs incurred by a person with a disability, as defined in
section 363A.03, subdivision 12, that are made necessary by the disability, are directly
related to the official duties of the candidate, and are not reimbursed by another source; and
new text end

new text begin (4) new text end the cost of meals for legislative staff while the staff member is engaged in performing
legislative work for the candidate.

(b) A candidate's committee may not claim the following expenses as noncampaign
disbursements for expenses for serving in public office under section 10A.01, subdivision
26, paragraph (a), clause (10):

(1) the cost of membership fees and dues necessary to belong to organizations located
in the office holder's district;

(2) costs incurred for transportation, lodging, and other expenses for trips taken outside
of the office holder's district for the purpose of relationship building; and

(3) costs incurred for transportation, lodging, and other expenses by an individual
accompanying an office holder on a trip unless the office holder is a person with a disability,
as defined in section 363A.03, subdivision 12, and the accompanying individual is providing
services that are made necessary by the disability.

Clause (3) does not require a committee to allocate a travel expense between an office holder
and an individual accompanying the office holder on a trip when the presence of the
accompanying individual does not increase the amount of the expense.

Sec. 3.

Minnesota Statutes 2020, section 10A.257, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Unused funds allocated for child care and disability expenses. new text end

new text begin In addition
to the amount specified in subdivision 1, an amount up to five percent of the election cycle
expenditure limit for the office may be carried forward and may be used solely for
noncampaign disbursements as defined in section 10A.01, subdivision 26, paragraph (a),
clauses (11) and (28), or for expenses for serving in public office as defined in section
10A.173, subdivision 4, paragraph (a), clause (3). Unused funds carried forward under this
subdivision must be contributed to the state elections campaign account at the earlier of:
new text end

new text begin (1) the end of the next election cycle for the office sought; or
new text end

new text begin (2) the time when a principal campaign committee files a termination report pursuant
to section 10A.243.
new text end