SF 518

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 08:58am

A bill for an act
relating to elections; financing operations of Campaign Finance and Public
Disclosure Board from state elections campaign fund; requiring costs of unfair
campaign practice complaints to be assessed against state elections campaign
fund; amending Minnesota Statutes 2010, sections 10A.31, subdivisions 3, 4,
7; 211B.37.

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

Section 1.

Minnesota Statutes 2010, section 10A.31, subdivision 3, is amended to read:

Subd. 3.

Form.

The commissioner of revenue must provide on the first page of the
income tax form and the renter and homeowner property tax refund return a space for the
individual to indicate a wish to pay $5 ($10 if filing a joint return) from the general fund
of the state to finance new text begin : (1) new text end election campaigns new text begin ; and (2) the operations of the Campaign
Finance and Public Disclosure Board new text end . The form must also contain language prepared by
the commissioner that permits the individual to direct the state to pay the $5 (or $10 if
filing a joint return) to: (1) one of the major political parties; (2) any minor political
party that qualifies under subdivision 3a; or (3) all qualifying candidates as provided
by subdivision 7. The renter and homeowner property tax refund return must include
instructions that the individual filing the return may designate $5 on the return only if the
individual has not designated $5 on the income tax return.

Sec. 2.

Minnesota Statutes 2010, section 10A.31, subdivision 4, is amended to read:

Subd. 4.

Appropriation.

(a) The amounts designated by individuals for the state
elections campaign fund, less three percent, are appropriated from the general fund deleted text begin , deleted text end new text begin . Each
July, $725,000 is appropriated to the Campaign Finance and Public Disclosure Board to
be used for its operations. The remaining amount new text end must be transferred and credited to the
appropriate account in the state elections campaign fund, and are annually appropriated
for distribution as set forth in subdivisions 5, 5a, 6, and 7. The remaining three percent
must be kept in the general fund for administrative costs.

(b) In addition to the amounts in paragraph (a), $1,020,000 for each general election
is appropriated from the general fund for transfer to the general account of the state
elections campaign fund.

Sec. 3.

Minnesota Statutes 2010, section 10A.31, subdivision 7, is amended to read:

Subd. 7.

Distribution of general account.

(a) new text begin Following the appropriation to
the Campaign Finance and Public Disclosure Board under subdivision 4, new text end as soon as the
board has obtained the results of the primary election from the secretary of state, but no
later than one week after certification of the primary results by the State Canvassing
Board, the board must distribute the available money in the general account, as certified
by the commissioner of revenue on September 1 and according to allocations set forth in
subdivision 5, in equal amounts to all candidates of a major political party whose names
are to appear on the ballot in the general election and who:

(1) have signed a spending limit agreement under section 10A.322;

(2) have filed the affidavit of contributions required by section 10A.323; and

(3) were opposed in either the primary election or the general election.

(b) The public subsidy under this subdivision may not be paid in an amount that
would cause the sum of the public subsidy paid from the party account plus the public
subsidy paid from the general account to exceed 50 percent of the expenditure limit for the
candidate or 50 percent of the expenditure limit that would have applied to the candidate if
the candidate had not been freed from expenditure limits under section 10A.25, subdivision
10. Money from the general account not paid to a candidate because of the 50 percent limit
must be distributed equally among all other qualifying candidates for the same office until
all have reached the 50 percent limit or the balance in the general account is exhausted.

(c) A candidate must expend or become obligated to expend at least an amount equal
to 50 percent of the money distributed by the board under this subdivision no later than the
end of the final reporting period preceding the general election. Otherwise, the candidate
must repay to the board the difference between the amount the candidate spent or became
obligated to spend by the deadline and the amount distributed to the candidate under this
subdivision. The candidate must make the repayment no later than six months following
the general election. The candidate must reimburse the board for all reasonable costs,
including litigation costs, incurred in collecting any amount due.

If the board determines that a candidate has failed to repay money as required by this
paragraph, the board may not distribute any additional money to the candidate until the
entirety of the repayment has been made.

Sec. 4.

Minnesota Statutes 2010, section 211B.37, is amended to read:

211B.37 COSTS ASSESSED.

Except as otherwise provided in section 211B.36, subdivision 3, the chief
administrative law judge shall assess the cost of considering complaints filed under
section 211B.32 deleted text begin as provided in this section. Costs of complaints relating to a statewide
ballot question or an election for a statewide or legislative office must be assessed deleted text end against
the appropriation from the general fund to the general account of the state elections
campaign fund in section 10A.31, subdivision 4. deleted text begin Costs of complaints relating to any
other ballot question or elective office must be assessed against the county or counties in
which the election is held. Where the election is held in more than one county, the chief
administrative law judge shall apportion the assessment among the counties in proportion
to their respective populations within the election district to which the complaint relates
according to the most recent decennial federal census. deleted text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective July 1, 2011.
new text end