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Minnesota Legislature

Office of the Revisor of Statutes

SF 80

4th Engrossment - 86th Legislature (2009 - 2010) Posted on 05/07/2010 07:58pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to elections; campaign finance; removing certain unconstitutional
provisions governing independent expenditures in political campaigns; changing
certain campaign expenditure and contribution limits and provisions and certain
reporting requirements; authorizing electronic filing of certain items with the
Campaign Finance and Public Disclosure Board; providing contribution limits
for judicial candidates; increasing certain contribution limits for candidates
for secretary of state and state auditor; making certain reports filed with the
Campaign Finance and Public Disclosure Board nonpublic data until certain
conditions have been met; requiring certain reports; amending Minnesota
Statutes 2008, sections 10A.01, subdivisions 9, 11, 18, 26; 10A.03; 10A.04,
subdivision 5; 10A.071, subdivisions 1, 3; 10A.08; 10A.09, subdivision 7;
10A.14, subdivisions 2, 4, by adding a subdivision; 10A.20, subdivisions 1,
12, 13, by adding subdivisions; 10A.27, subdivision 1; 10A.31, by adding a
subdivision; 10A.322, subdivision 1, as amended; 10A.323; 10A.35; 13.607, by
adding a subdivision; 211A.02, subdivision 2; 211A.05, subdivision 2; 211B.12;
repealing Minnesota Statutes 2008, section 10A.20, subdivision 6b.

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

Section 1.

Minnesota Statutes 2008, section 10A.01, subdivision 9, is amended to read:


Subd. 9.

Campaign expenditure.

"Campaign expenditure" or "expenditure" means
a purchase or payment of money or anything of value, or an advance of credit, made or
incurred for the purpose of influencing the nomination or election of a candidate or for
the purpose of promoting or defeating a ballot question.

An expenditure 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.

An expenditure made for the purpose of defeating a candidate is considered made
for the purpose of influencing the nomination or election of that candidate or any opponent
of that candidate.

Except as provided in clause (1), "expenditure" includes the dollar value of a
donation in kind.

"Expenditure" does not include:

(1) noncampaign disbursements as defined in subdivision 26;

(2) services provided without compensation by an individual volunteering personal
time on behalf of a candidate, ballot question, political committee, political fund, principal
campaign committee, or party unit; deleted text beginor
deleted text end

(3) the publishing or broadcasting of news items or editorial comments by the news
medianew text begin; or
new text end

new text begin (4) an individual's unreimbursed personal use of an automobile owned by the
individual and used by the individual while volunteering personal time
new text end.

Sec. 2.

Minnesota Statutes 2008, section 10A.01, subdivision 11, is amended to read:


Subd. 11.

Contribution.

(a) "Contribution" means money, a negotiable instrument,
or a donation in kind that is given to a political committee, political fund, principal
campaign committee, or party unit.

(b) "Contribution" includes a loan or advance of credit to a political committee,
political fund, principal campaign committee, or party unit, if the loan or advance of credit
is: (1) forgiven; or (2) repaid by an individual or an association other than the political
committee, political fund, principal campaign committee, or party unit to which the loan
or advance of credit was made. If an advance of credit or a loan is forgiven or repaid as
provided in this paragraph, it is a contribution in the year in which the loan or advance
of credit was made.

(c) "Contribution" does not include services provided without compensation by an
individual volunteering personal time on behalf of a candidate, ballot question, political
committee, political fund, principal campaign committee, or party unitdeleted text begin, ordeleted text endnew text begin; new text end the publishing
or broadcasting of news items or editorial comments by the news medianew text begin; or an individual's
unreimbursed personal use of an automobile owned by the individual while volunteering
personal time
new text end.

Sec. 3.

Minnesota Statutes 2008, section 10A.01, subdivision 18, is amended to read:


Subd. 18.

Independent expenditure.

"Independent expenditure" means an
expenditure expressly advocating the election or defeat of a clearly identified candidate,
if the expenditure is made without the express or implied consent, authorization, or
cooperation of, and not in concert with or at the request or suggestion of, any candidate or
any candidate's principal campaign committee or agent. An independent expenditure is
not a contribution to that candidate. deleted text beginAn expenditure by a political party or political party
unit in a race where the political party has a candidate on the ballot is not an independent
expenditure.
deleted text end

Sec. 4.

Minnesota Statutes 2008, section 10A.01, subdivision 26, is amended to read:


Subd. 26.

Noncampaign disbursement.

"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, beveragesnew text begin, and necessary utensils and suppliesnew text end, 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, including the costs of preparing and distributing a suggestion or
idea solicitation to constituents, performed from the beginning of the term of office to
adjournment sine die of the legislature in the election year for the office held, and half
the cost of services for a constituent by a member of the legislature or a constitutional
officer in the executive branch performed from adjournment sine die to 60 days after
adjournment sine die;

(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;

(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 thank-you notes or advertisements in the news media;

(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; deleted text beginanddeleted text end

(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 questionnew text begin; and
new text end

new text begin (23) costs paid to a third party for processing contributions made by a credit card,
debit card, or electronic check
new text end.

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

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. 5.

Minnesota Statutes 2008, section 10A.03, is amended to read:


10A.03 LOBBYIST REGISTRATION.

Subdivision 1.

First registration.

A lobbyist must file a registration form with the
board within five days after becoming a lobbyist or being engaged by a new individual,
association, political subdivision, or public higher education system.

Subd. 2.

Form.

The board must prescribe a registration form, which must include:

(1) the name deleted text beginanddeleted text endnew text begin,new text end addressnew text begin, and e-mail addressnew text end of the lobbyist;

(2) the principal place of business of the lobbyist;

(3) the name and address of each individual, association, political subdivision, or
public higher education system, if any, by whom the lobbyist is retained or employed or
on whose behalf the lobbyist appears; deleted text beginand
deleted text end

new text begin (4) the web site address of each association, political subdivision, or public higher
education system identified under part 3 of this subdivision, if the entity maintains a
web site; and
new text end

deleted text begin (4)deleted text endnew text begin (5)new text end a general description of the subject or subjects on which the lobbyist expects
to lobby.

If the lobbyist lobbies on behalf of an association, the registration form must include
the name and address of the officers and directors of the association.

Subd. 3.

Failure to file.

The board must send a notice by certified mail to any
lobbyist who fails to file a registration form within five days after becoming a lobbyist. If
a lobbyist fails to file a form within ten business days after the notice was sent, the board
may impose a late filing fee of $5 per day, not to exceed $100, starting on the 11th day
after the notice was sent. The board must send an additional notice by certified mail to a
lobbyist who fails to file a form within 14 days after the first notice was sent by the board
that the lobbyist may be subject to a civil penalty for failure to file the form. A lobbyist
who fails to file a form within seven days after the second notice was sent by the board is
subject to a civil penalty imposed by the board of up to $1,000.

new text begin Subd. 4. new text end

new text begin Publication. new text end

new text begin The restrictions of section 10.60 notwithstanding, the board
may publish the information required in subdivision 2 on its web site.
new text end

new text begin Subd. 5. new text end

new text begin Exemptions. new text end

new text begin For good cause shown, the board must grant exemptions to
the requirement that e-mail addresses be provided.
new text end

Sec. 6.

Minnesota Statutes 2008, section 10A.04, subdivision 5, is amended to read:


Subd. 5.

Late filing.

deleted text beginThe board must send a notice by certified mail to any lobbyist
or principal who fails after seven days after a filing date imposed by this section to file a
report or statement or to pay a fee required by this section.
deleted text end If a lobbyist or principal fails to
file a report deleted text beginor pay a feedeleted text endnew text begin required by this sectionnew text end within ten business days after the deleted text beginnotice
was sent
deleted text endnew text begin report was duenew text end, the board may impose a late filing fee of $5 per day, not to exceed
$100, commencing with the 11th day after the deleted text beginnotice was sentdeleted text endnew text begin report was duenew text end. The board
must send deleted text beginan additionaldeleted text end notice by certified mail to any lobbyist or principal who fails to file
a report deleted text beginor pay a feedeleted text end within deleted text begin14 days after the first notice was sent by the boarddeleted text endnew text begin ten business
days after the report was due
new text end that the lobbyist or principal may be subject to a civil penalty
for failure to file the report or pay the fee. A lobbyist or principal who fails to file a report
or statement or pay a fee within seven days after the deleted text beginseconddeleted text endnew text begin certified mailnew text end notice was sent
by the board is subject to a civil penalty imposed by the board of up to $1,000.

Sec. 7.

Minnesota Statutes 2008, section 10A.071, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "Gift" means money, real or personal property, a service, a loan, a forbearance or
forgiveness of indebtedness, or a promise of future employment, that is given and received
without the giver receiving consideration of equal or greater value in return.

(c) "Official" means a public official, an employee of the legislature, new text begina judge, new text endor a
local official of a metropolitan governmental unit.

Sec. 8.

Minnesota Statutes 2008, section 10A.071, subdivision 3, is amended to read:


Subd. 3.

Exceptions.

(a) The prohibitions in this section do not apply if the gift is:

(1) a contribution as defined in section 10A.01, subdivision 11;

(2) services to assist an official in the performance of official duties, including
but not limited to providing advice, consultation, information, and communication in
connection with legislation, and services to constituents;

(3) services of insignificant monetary value;

(4) a plaque with a resale value of $5 or less;

(5) a trinket or memento costing $5 or less;

(6) informational material deleted text beginof unexceptional valuedeleted text endnew text begin with a resale value of $5 or lessnew text end; or

(7) food or a beverage given at a reception, meal, or meeting away from the
recipient's place of work by an organization before whom the recipient appears to make a
speech or answer questions as part of a program.

(b) The prohibitions in this section do not apply if the gift is given:

(1) because of the recipient's membership in a group, a majority of whose members
are not officials, and an equivalent gift is given to the other members of the group; or

(2) by a lobbyist or principal who is a member of the family of the recipient, unless
the gift is given on behalf of someone who is not a member of that family.

Sec. 9.

Minnesota Statutes 2008, section 10A.08, is amended to read:


10A.08 REPRESENTATION DISCLOSURE.

A public official who represents a client for a fee before an individual, board,
commission, or agency that has rulemaking authority in a hearing conducted under chapter
14, must disclose the official's participation in the action to the board within 14 days after
the appearance. deleted text beginThe board must send a notice by certified mail to any public official
who fails to disclose the participation within 14 days after the appearance.
deleted text end If the public
official fails to disclose the participation within ten business days after the deleted text beginnotice was sentdeleted text endnew text begin
disclosure required by this section was due
new text end, the board may impose a late filing fee of $5
per day, not to exceed $100, starting on the 11th day after the deleted text beginnotice was sentdeleted text endnew text begin disclosure
was due
new text end. The board must send deleted text beginan additionaldeleted text end notice by certified mail to a public official
who fails to disclose the participation within deleted text begin14deleted text endnew text begin ten businessnew text end days after the deleted text beginfirst notice was
sent by the board
deleted text endnew text begin disclosure was duenew text end that the public official may be subject to a civil
penalty for failure to disclose the participation. A public official who fails to disclose the
participation within seven days after the deleted text beginseconddeleted text endnew text begin certified mailnew text end notice was sent by the board
is subject to a civil penalty imposed by the board of up to $1,000.

Sec. 10.

Minnesota Statutes 2008, section 10A.09, subdivision 7, is amended to read:


Subd. 7.

Late filing.

deleted text beginThe board must send a notice by certified mail to any individual
who fails within the prescribed time to file a statement of economic interest required by
this section.
deleted text end If an individual fails to file a statement new text beginof economic interest required by this
section
new text endwithin ten business days after the deleted text beginnotice was sentdeleted text endnew text begin statement was duenew text end, the board
may impose a late filing fee of $5 per day, not to exceed $100, commencing on the 11th
day after the deleted text beginnotice was sentdeleted text endnew text begin statement was duenew text end. The board must send deleted text beginan additionaldeleted text end notice
by certified mail to any individual who fails to file a statement within deleted text begin14deleted text endnew text begin ten businessnew text end days
after the deleted text beginfirst notice was sent by the boarddeleted text end new text beginstatement was due new text endthat the individual may be
subject to a civil penalty for failure to file a statement. An individual who fails to file a
statement within seven days after the deleted text beginseconddeleted text endnew text begin certified mailnew text end notice was sent by the board is
subject to a civil penalty imposed by the board up to $1,000.

Sec. 11.

Minnesota Statutes 2008, section 10A.14, subdivision 2, is amended to read:


Subd. 2.

Form.

The statement of organization must include:

(1) the name deleted text beginanddeleted text endnew text begin,new text end addressnew text begin, and web site address if the registrant maintains a web
site,
new text end of the committee, fund, or party unit;

(2) the name deleted text beginanddeleted text endnew text begin,new text end addressnew text begin, and e-mail addressnew text end of the chair of a political committee,
principal campaign committee, or party unit;

(3) the name and address of any supporting association of a political fund;

(4) the name deleted text beginanddeleted text endnew text begin,new text end addressnew text begin, and e-mail addressnew text end of the treasurer and any deputy
treasurers;

(5) new text beginthe name, address, and e-mail address of the candidate of a principal campaign
committee;
new text end

new text begin (6) new text enda listing of all depositories or safety deposit boxes used; and

deleted text begin (6)deleted text endnew text begin (7)new text end for the state committee of a political party only, a list of its party units.

Sec. 12.

Minnesota Statutes 2008, section 10A.14, subdivision 4, is amended to read:


Subd. 4.

Failure to file; penalty.

deleted text beginThe board must send a notice by certified mail to
any individual who fails to file a statement required by this section.
deleted text end If deleted text beginthedeleted text endnew text begin annew text end individual
fails to file a statement new text beginrequired by this section new text endwithin ten business days after the deleted text beginnotice
was sent
deleted text endnew text begin statement was duenew text end, the board may impose a late filing fee of $5 per day, not to
exceed $100, commencing with the 11th day after the deleted text beginnotice was sentdeleted text endnew text begin statement was duenew text end.

The board must send deleted text beginan additionaldeleted text end notice by certified mail to any individual who
fails to file a statement within deleted text begin14deleted text endnew text begin ten businessnew text end days after the deleted text beginfirst notice was sent by the
board
deleted text endnew text begin statement was duenew text end that the individual may be subject to a civil penalty for failure to
file the deleted text beginreportdeleted text endnew text begin statementnew text end. An individual who fails to file the statement within seven days
after the deleted text beginseconddeleted text endnew text begin certified mailnew text end notice was sent by the board is subject to a civil penalty
imposed by the board of up to $1,000.

Sec. 13.

Minnesota Statutes 2008, section 10A.14, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Exemptions. new text end

new text begin For good cause shown, the board must grant exemptions to
the requirement that e-mail addresses be provided.
new text end

Sec. 14.

Minnesota Statutes 2008, section 10A.20, subdivision 1, is amended to read:


Subdivision 1.

First filing; duration.

The treasurer of a political committee,
political fund, principal campaign committee, or party unit must begin to file the reports
required by this section in the first year it receives contributions or makes expenditures
in excess of $100 and must continue to file until the committee, fund, or party unit is
terminated.new text begin The reports must be filed electronically in a standards-based open format
specified by the board. For good cause shown, the board must grant exemptions to the
requirement that reports be filed electronically.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012, and applies to
reports for election years on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2008, section 10A.20, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin Release of reports. new text end

new text begin Except as provided in subdivision 1c, a report filed
under this section is nonpublic data until 8:00 a.m. on the day following the day the
report was due.
new text end

Sec. 16.

Minnesota Statutes 2008, section 10A.20, is amended by adding a subdivision
to read:


new text begin Subd. 1c. new text end

new text begin Reports of certain political party units. new text end

new text begin (a) This subdivision applies to
the following party units:
new text end

new text begin (1) the two state party units of major political parties that received the highest level
of contributions in the last election year;
new text end

new text begin (2) the two party units established by members of a major party in the house of
representatives that received the highest level of contributions in the last election year; and
new text end

new text begin (3) the two party units established by members of a major party in the senate that
received the highest level of contributions in the last election year.
new text end

new text begin (b) A report filed under this section by a member of one of the party units listed in
paragraph (a) is nonpublic data until the reports of each of the party units in that group
have been filed.
new text end

new text begin (c) A report filed electronically under this section by a member of one of the party
units listed in paragraph (a) is nonpublic data unless the reports of each of the party
units in that group are filed electronically or until the board has created electronic data
from the nonelectronic report so that data from each report are available in the same
electronic form. The board may produce a viewable image of an electronic report after the
requirements of paragraph (b) have been met.
new text end

new text begin (d) A party unit may waive the restrictions on publication of data established in this
section through a written statement signed by the treasurer.
new text end

new text begin (e) Nothing in this subdivision prevents the board from publicly disclosing that an
entity subject to this section has filed a report and the date the report was filed.
new text end

new text begin (f) Each group listed in paragraph (a) is exempt from the electronic filing requirement
unless both members of the group have approved the filing format specified by the board.
new text end

Sec. 17.

Minnesota Statutes 2008, section 10A.20, subdivision 12, is amended to read:


Subd. 12.

Failure to file; penalty.

deleted text beginThe board must send a notice by certified mail
to any individual who fails to file a statement required by this section.
deleted text end If an individual
fails to file a deleted text beginstatementdeleted text endnew text begin report required by this section that isnew text end due January 31 within ten
business days after the deleted text beginnotice was sentdeleted text endnew text begin report was duenew text end, the board may impose a late filing
fee of $5 per day, not to exceed $100, commencing with the 11th day after the deleted text beginnotice
was sent
deleted text endnew text begin report was duenew text end.

If an individual fails to file a deleted text beginstatementdeleted text endnew text begin report required by this section that isnew text end due
before a primary or election within three days after the date due, regardless of whether the
individual has received any notice, the board may impose a late filing fee of $50 per day,
not to exceed $500, commencing on the fourth day after the date the statement was due.

The board must send deleted text beginan additionaldeleted text end notice by certified mail to an individual who fails
to file a deleted text beginstatementdeleted text endnew text begin reportnew text end within deleted text begin14deleted text endnew text begin ten businessnew text end days after the deleted text beginfirst notice was sent by the
board
deleted text endnew text begin report was duenew text end that the individual may be subject to a civil penalty for failure to
file deleted text begina statementdeleted text endnew text begin the reportnew text end. An individual who fails to file the deleted text beginstatementdeleted text endnew text begin reportnew text end within
seven days after the deleted text beginseconddeleted text endnew text begin certified mailnew text end notice was sent by the board is subject to a civil
penalty imposed by the board of up to $1,000.

Sec. 18.

Minnesota Statutes 2008, section 10A.20, subdivision 13, is amended to read:


Subd. 13.

Third-party reimbursement.

An individual or association filing a
report disclosing an expenditure or noncampaign disbursement that must be reported and
itemized under subdivision 3, paragraph (g) or (l), that is a reimbursement to a third
party must report the purpose of each expenditure or disbursement for which the third
party is being reimbursed. new text beginIn the alternative, the reporting individual or association may
report individually each of the underlying expenditures being reimbursed.
new text endAn expenditure
or disbursement is a reimbursement to a third party if it is for goods or services that
were not directly provided by the individual or association to whom the expenditure
or disbursement is made. Third-party reimbursements include payments to credit card
companies and reimbursement of individuals for expenses they have incurred.

Sec. 19.

Minnesota Statutes 2008, section 10A.27, subdivision 1, is amended to read:


Subdivision 1.

Contribution limits.

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

(1) to candidates for governor and lieutenant governor running together, $2,000 in
an election year for the office sought and $500 in other years;

(2) to a candidate for attorney general,new text begin secretary of state, or state auditor,new text end $1,000 in
an election year for the office sought and $200 in other years;

deleted text begin (3) to a candidate for the office of secretary of state or state auditor, $500 in an
election year for the office sought and $100 in other years;
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end to a candidate for state senator, $500 in an election year for the office sought
and $100 in other years; and

deleted text begin (5)deleted text endnew text begin (4)new text end to a candidate for state representative, $500 in an election year for the office
sought and $100 in the other yearnew text begin; and
new text end

new text begin (5) to a candidate for judicial office, $2,000 in an election year for the office sought
and $500 in other years
new text end.

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

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

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

(c) A lobbyist, political committee, political party unit, or political fund must not
make a contribution a candidate is prohibited from accepting.

new text begin EFFECTIVE DATE; APPLICABILITY. new text end

new text begin This section is effective the day
following final enactment. The limits on contributions received by a candidate for judicial
office apply to contributions received on or after that date. A judicial candidate who
has accepted a contribution from an individual, political committee, or political fund
between January 1, 2010, and the effective date of this act may only accept an additional
contribution from that individual, political committee, or political fund during calendar
year 2010 to the extent that the additional contribution does not cause the aggregate
amount received from that contributor to exceed the limit contained in this section.
new text end

Sec. 20.

Minnesota Statutes 2008, section 10A.31, is amended by adding a subdivision
to read:


new text begin Subd. 7a. new text end

new text begin Withholding of public subsidy. new text end

new text begin If a candidate who is eligible for
payment of public subsidy under this section has not filed the report of receipts and
expenditures required under section 10A.20 before a primary election, any public subsidy
for which that candidate is eligible must be withheld by the board until the candidate
complies with the filing requirements of section 10A.20 and the board has sufficient time
to review or audit the report. If a candidate who is eligible for public subsidy does not file
the report due before the primary election under section 10A.20 by the date that the report
of receipts and expenditures filed before the general election is due, that candidate shall
not be paid public subsidy for that election.
new text end

Sec. 21.

Minnesota Statutes 2008, section 10A.322, subdivision 1, as amended by
Laws 2010, chapter 184, section 3, is amended to read:


Subdivision 1.

Agreement by candidate.

(a) As a condition of receiving a public
subsidy, a candidate must sign and file with the board a written agreement in which the
candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision
10
; 10A.31, subdivision 7, paragraph (c); 10A.324; and 10A.38.

(b) Before the first day of filing for office, the board must forward agreement forms
to all filing officers. The board must also provide agreement forms to candidates on
request at any time. The candidate must file the agreement with the board at least three
weeks before the candidate's state primary. An agreement may not be filed after that date.
An agreement once filed may not be rescinded.

(c) The board must notify the commissioner of revenue of any agreement signed
under this subdivision.

(d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means
of a special election and the filing period does not coincide with the filing period for the
general election, a candidate may sign and submit a spending limit agreement not later
than the day after the deleted text begincandidate files the affidavit of candidacy or nominating petition for
the office
deleted text endnew text begin close of the filing period for the special election for which the candidate filednew text end.

Sec. 22.

Minnesota Statutes 2008, section 10A.323, is amended to read:


10A.323 AFFIDAVIT OF CONTRIBUTIONS.

In addition to the requirements of section 10A.322, to be eligible to receive a public
subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit
with the board stating that during that calendar year the candidate has accumulated
contributions from persons eligible to vote in this state in at least the amount indicated for
the office sought, counting only the first $50 received from each contributor:

(1) candidates for governor and lieutenant governor running together, $35,000;

(2) candidates for attorney general, $15,000;

(3) candidates for secretary of state and state auditor, separately, $6,000;

(4) candidates for the senate, $3,000; and

(5) candidates for the house of representatives, $1,500.

The affidavit must state the total amount of contributions that have been received
from persons eligible to vote in this state, disregarding the portion of any contribution in
excess of $50.

The candidate or the candidate's treasurer must submit the affidavit required by this
section to the board in writing by the cutoff date for reporting of receipts and expenditures
before a primary under section 10A.20, subdivision 4.

A candidate for a vacancy to be filled at a special election for which the filing period
does not coincide with the filing period for the general election must submit the affidavit
required by this section to the board within five days after deleted text beginfiling the affidavit of candidacydeleted text endnew text begin
the close of the filing period for the special election for which the candidate filed
new text end.

Sec. 23.

Minnesota Statutes 2008, section 10A.35, is amended to read:


10A.35 COMMERCIAL USE OF INFORMATION PROHIBITED.

Information copied from reports and statements filed with the boardnew text begin, other than
reports and statements filed by lobbyists and lobbyist principals,
new text end may not be sold or used
by an individual or association for a commercial purpose. Purposes related to elections,
political activities, or law enforcement are not commercial purposes. An individual or
association who violates this section is subject to a civil penalty of up to $1,000. An
individual who knowingly violates this section is guilty of a misdemeanor.

Sec. 24.

Minnesota Statutes 2008, section 13.607, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Campaign reports. new text end

new text begin Certain reports filed with the Campaign Finance and
Public Disclosure Board are classified under section 10A.20.
new text end

Sec. 25.

Minnesota Statutes 2008, section 211A.02, subdivision 2, is amended to read:


Subd. 2.

Information required.

The report to be filed by a candidate or committee
must include:

(1) the name of the candidate or ballot question;

(2) the printed name, address, telephone number, signature, and e-mail address, if
available, of the person responsible for filing the report;

(3) new text beginthe total cash on hand;
new text end

new text begin (4) new text endthe total amount of receipts and expenditures for the period from the last previous
report to five days before the current report is due;

deleted text begin (4)deleted text endnew text begin (5)new text end the amount, date, and purpose for each expenditure; and

deleted text begin (5)deleted text endnew text begin (6)new text end the name, address, and employer, or occupation if self-employed, of any
individual or committee that during the year has made one or more contributions that in
the aggregate exceed $100, and the amount and date of each contribution. The filing
officer must restrict public access to the address of any individual who has made a
contribution that exceeds $100 and who has filed with the filing officer a written statement
signed by the individual that withholding the individual's address from the financial report
is required for the safety of the individual or the individual's family.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2012.
new text end

Sec. 26.

Minnesota Statutes 2008, section 211A.05, subdivision 2, is amended to read:


Subd. 2.

Notice of failure to file.

If a candidate or committee new text beginhas filed an initial
report, but
new text endfails to file a new text beginsubsequent new text endreport on the date it is due, the filing officer shall
immediately notify the candidate or committee of the failure to file. If a report is not filed
within ten days after the notification is mailed, the filing officer shall file a complaint
under section 211B.32.

Sec. 27.

Minnesota Statutes 2008, section 211B.12, is amended to read:


211B.12 LEGAL EXPENDITURES.

Use of money collected for political purposes is prohibited unless the use is
reasonably related to the conduct of election campaigns, or is a noncampaign disbursement
as defined in section 10A.01, subdivision 26. The following are permitted expenditures
when made for political purposes:

(1) salaries, wages, and fees;

(2) communications, mailing, transportation, and travel;

(3) campaign advertising;

(4) printing;

(5) office and other space and necessary equipment, furnishings, and incidental
supplies;

(6) charitable contributions of not more than $100 to any charity organized
under section 501(c)(3) of the Internal Revenue Code annually, except that the amount
contributed by a principal campaign committee new text beginor from the campaign fund of a candidate
for political subdivision office
new text endthat dissolves within one year after the contribution is made
is not limited by this clause; and

(7) other expenses, not included in clauses (1) to (6), that are reasonably related to
the conduct of election campaigns. In addition, expenditures made for the purpose of
providing information to constituents, whether or not related to the conduct of an election,
are permitted expenses. Money collected for political purposes and assets of a political
committee or political fund may not be converted to personal use.

Sec. 28. new text beginCAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD;
FUNDING OPTION.
new text end

new text begin The Campaign Finance and Public Disclosure Board shall analyze the potential use
of funds collected under Minnesota Statutes, section 10A.31, as the exclusive source of
funding for the operations of the board.
new text end

new text begin The board must submit a report describing the board's findings and recommendations
under this section to the chairs and ranking minority members of the legislative committees
with jurisdiction over elections policy and finance no later than January 15, 2011.
new text end

Sec. 29. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 10A.20, subdivision 6b, new text end new text begin is repealed.
new text end