Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 707-H.F.No. 2008 
           An act relating to elections; clarifying certain 
          public campaign financing limits; amending Minnesota 
          Statutes 1986, sections 10A.15, by adding a 
          subdivision; and 10A.25, subdivision 10; Minnesota 
          Statutes 1987 Supplement, sections 10A.255, 
          subdivision 1; and 10A.32, subdivision 3; repealing 
          Minnesota Statutes 1986, section 10A.32, subdivision 
          3b. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 10A.15, is 
amended by adding a subdivision to read: 
    Subd. 3b.  [BY INDIVIDUAL MEMBERS OF POLITICAL FUND OR 
COMMITTEE.] Contributions made to a candidate or principal 
campaign committee by individual members of a political fund or 
committee that are solicited by the political fund or committee 
must be reported as attributable to the political fund or 
committee and count toward the contribution limits of that fund 
or committee specified in section 10A.27, if the political fund 
or committee was organized primarily to solicit or direct the 
contributions of its members and to influence the nomination or 
election of a candidate.  The term "individual members" as used 
in this subdivision means a person or entity who in any manner 
participates in or in any manner contributes financially or 
otherwise to the activities of the political fund or committee.  
    Sec. 2.  Minnesota Statutes 1986, section 10A.25, 
subdivision 10, is amended to read:  
    Subd. 10.  The expenditure limits imposed by this section 
apply only to candidates whose opponents agree to be bound by 
the limits and who themselves agree to be bound by the limits as 
a condition of receiving a public subsidy for their campaigns in 
the form of: 
    (a) an allocation of money from the state elections 
campaign fund; or 
    (b) Credits against the tax due of individuals who 
contribute to that candidate. 
    A candidate who agrees to be bound by the limits and 
receives a public subsidy, who has an opponent who does not 
agree to be bound by the limits but is otherwise eligible to 
receive a public subsidy, is no longer bound by the limits but 
is still eligible to receive a public subsidy.  
    Sec. 3.  Minnesota Statutes 1987 Supplement, section 
10A.255, subdivision 1, is amended to read:  
    Subdivision 1.  [METHOD OF CALCULATION.] The dollar amounts 
provided in section 10A.25, subdivision 2, must be adjusted for 
general election years as provided in this section.  By June 1 
of the general election year, the executive director of the 
board shall determine the percentage increase in the consumer 
price index from December of the year preceding the last general 
election year to December of the year preceding the year in 
which the determination is made.  The dollar amounts used for 
the preceding general election year must be multiplied by that 
percentage.  The product of the calculation must be added to 
each dollar amount to produce the dollar limitations to be in 
effect for the next general election.  The product must be 
rounded up to the next highest whole dollar.  The index used 
must be the revised consumer price index for all urban consumers 
for the St. Paul-Minneapolis metropolitan area prepared by the 
United States Department of Labor with 1967 1982 as a base year. 
    Sec. 4.  Minnesota Statutes 1987 Supplement, section 
10A.32, subdivision 3, is amended to read:  
    Subd. 3.  As a condition of receiving any money from the 
state elections campaign fund, a candidate shall agree by 
stating in writing to the board that (a) the candidate's 
expenditures and approved expenditures shall not exceed the 
expenditure limits as set forth in section 10A.25 and that 
(b) except for an amount equal to 25 percent of the expenditure 
limits set forth in section 10A.25, but not exceeding $15,000, 
the candidate shall not accept contributions or allow approved 
expenditures to be made on the candidate's behalf for the period 
beginning with January 1 of the election year or with the 
registration of the candidate's principal campaign committee, 
whichever occurs later, and ending December 31 of the election 
year, which aggregate contributions and approved expenditures 
exceed the difference between the amount in excess of 25 percent 
of the expenditure limits set forth in section 10A.25, but not 
exceeding $15,000, which may legally be expended by or for the 
candidate, and the amount which the candidate receives from the 
state elections campaign fund.  The agreement, insofar as it 
relates to the expenditure limits set forth in section 10A.25, 
remains effective until the dissolution of the principal 
campaign committee of the candidate or the opening of filings 
for the next succeeding election to the office held or sought at 
the time of agreement, whichever occurs first.  Money in the 
account of the principal campaign committee of a candidate on 
January 1 of the election year for the office held or sought 
shall be considered contributions accepted by that candidate in 
that year for the purposes of this subdivision.  That amount of 
all contributions accepted by a candidate in an election year 
which equals the amount of noncampaign disbursements and 
contributions and expenditures to promote or defeat a ballot 
question which are made by that candidate in that year shall not 
count toward the aggregate contributions and approved 
expenditure limit imposed by this subdivision.  Except for an 
amount equal to 25 percent of the expenditure limits set forth 
in section 10A.25, but not exceeding $15,000, any amount by 
which the aggregate contributions and approved expenditures 
agreed to under clause (b) exceed the difference shall be 
returned to the state treasurer in the manner provided in 
subdivision 2.  In no case shall the amount returned exceed the 
amount received from the state elections campaign fund. 
    The candidate may submit the signed agreement to the filing 
officer on the day of filing the affidavit of candidacy or 
petition to appear on the ballot, or to the board no later than 
September 1. 
    The board prior to the first day of filing for office shall 
forward forms for the agreement to all filing officers.  The 
filing officer shall without delay forward signed agreements to 
the board.  An agreement may not be rescinded after September 1. 
    Before the first day of filing for office, the board shall 
also forward a copy of section 2 to all filing officers.  Before 
September 1, the filing officer shall provide a copy of section 
2 to each candidate who files an affidavit of candidacy or whose 
name is to appear on the ballot by petition. 
    For the purposes of this subdivision only, the total amount 
to be distributed to each candidate is calculated to be the 
candidate's share of the total estimated funds in the 
candidate's party account as provided in subdivision 3a, plus 
the total amount estimated as provided in subdivision 3a to be 
in the general account of the state elections campaign fund and 
set aside for that office divided by the number of candidates 
whose names are to appear on the general election ballot for 
that office.  If for any reason the amount actually received by 
the candidate is greater than the candidate's share of the 
estimate, and the contributions thereby exceed the difference, 
the agreement shall not be considered violated. 
    Sec. 5.  [REPEALER.] 
    Minnesota Statutes 1986, section 10A.32, subdivision 3b, is 
repealed. 
    Sec. 6.  [EFFECTIVE DATE.] 
    Sections 1 to 5 are effective the day following final 
enactment. 
    Approved May 4, 1988