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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1990 

                        CHAPTER 608-H.F.No. 2666 
           An act relating to elections; limiting campaign 
          expenditures by congressional candidates who choose to 
          receive a financial incentive for their campaigns; 
          changing certain campaign practice and ethical 
          practice requirements; clarifying and modifying 
          certain exceptions to multicandidate political party 
          expenditure limitations; modifying lobbyist reporting 
          requirements; expanding certain reports by certain 
          political committees and political funds; 
          discontinuing the state ethical practices board's 
          responsibility for developing and furnishing certain 
          forms; providing a tax credit for contributions to 
          candidates and political parties; limiting 
          contributions and solicitations during a regular 
          legislative session; providing a public subsidy for 
          legislative candidates in special elections; requiring 
          candidates to match funds received from the state 
          elections campaign fund; requiring deer licenses to 
          include an application for absentee ballots; requiring 
          county auditors to provide a sample ballot for 
          classroom use; specifying a time period for preparing 
          a candidate's affidavit; providing for selection of 
          judicial candidates; encouraging certain congressional 
          action; requiring certain legislative meetings to be 
          open; appropriating money; providing penalties; 
          amending Minnesota Statutes 1988, sections 10A.01, 
          subdivisions 7, 10b, 10c, 11, and by adding 
          subdivisions; 10A.02, subdivision 1; 10A.04, 
          subdivisions 2, 4, 4a, and by adding subdivisions; 
          10A.05; 10A.06; 10A.07; 10A.09, subdivision 2, and by 
          adding a subdivision; 10A.20, subdivisions 3, 5, and 
          by adding a subdivision; 10A.22, subdivision 7; 
          10A.24; 10A.25, subdivisions 2, 5, 6, 10, and by 
          adding a subdivision; 10A.255, by adding a 
          subdivision; 10A.27, subdivision 1, and by adding a 
          subdivision; 10A.275; 10A.28, subdivision 1; 10A.30, 
          subdivision 2; 97A.485, by adding a subdivision; 
          204B.09, subdivision 1; 290.06, by adding a 
          subdivision; 383B.053, subdivision 1; and 383B.055, 
          subdivisions 1 and 2; Minnesota Statutes 1989 
          Supplement, section 10A.09, subdivision 1; proposing 
          coding for new law in Minnesota Statutes, chapters 3; 
          10A; and 204D; proposing coding for new law as 
          Minnesota Statutes, chapter 480B; repealing Minnesota 
          Statutes 1988, sections 10A.32, subdivisions 1, 2, 3, 
          and 4; and 10A.33; and Minnesota Statutes 1989 
          Supplement, section 10A.32, subdivision 3a. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                 ELECTIONS AND ETHICS REFORM ACT OF 1990

                                ARTICLE 1

                           LOBBYING DISCLOSURE
    Section 1.  Minnesota Statutes 1988, section 10A.01, 
subdivision 11, is amended to read: 
    Subd. 11.  (a) "Lobbyist" means any an individual: 
    (a) (1) engaged for pay or other consideration, or 
authorized to spend money by another individual or, association 
to spend money, political subdivision, or public higher 
education system, who spends more than five hours in any month 
or more than $250, not including the individual's own travel 
expenses and membership dues, in any year, for the purpose of 
attempting to influence legislative or administrative action, or 
the official action of a metropolitan governmental unit, by 
communicating or urging others to communicate with public or 
local officials; or 
    (b) (2) who spends more than $250, not including the 
individual's own traveling expenses and membership dues, in any 
year for the purpose of attempting to influence legislative or 
administrative action, or the official action of a metropolitan 
governmental unit, by communicating or urging others to 
communicate with public or local officials. 
    (b) "Lobbyist" does not include any: 
    (a) (1) a public official or employee of the state or any 
of its; 
    (2) an employee of the state, including an employee of any 
of the public higher education systems; 
    (3) an elected local official; 
    (4) a nonelected local official or an employee of a 
political subdivisions or public bodies subdivision acting in an 
official capacity, unless the nonelected official or employee of 
a political subdivision spends more than 50 hours in any month 
attempting to influence legislative or administrative action, or 
the official action of a metropolitan governmental unit other 
than the political subdivision employing the official or 
employee, by communicating or urging others to communicate with 
public or local officials, including time spent monitoring 
legislative or administrative action, or the official action of 
a metropolitan governmental unit, and related research, 
analysis, and compilation and dissemination of information 
relating to legislative or administrative policy in this state, 
or to the policies of metropolitan governmental units; 
    (b) (5) a party or the party's representative appearing in 
a proceeding before a state board, commission or agency of the 
executive branch unless the board, commission or agency is 
taking administrative action; 
    (c) (6) an individual while engaged in selling goods or 
services to be paid for by public funds; 
    (d) (7) a news media medium or their its employees or 
agents while engaged in the publishing or broadcasting of news 
items, editorial comments or paid advertisements which directly 
or indirectly urge official action; 
    (e) (8) a paid expert witness whose testimony is requested 
by the body before which the witness is appearing, but only to 
the extent of preparing or delivering testimony; 
    (f) (9) a stockholder of a family farm corporation as 
defined in section 500.24, subdivision 2, who does not spend 
over $250, excluding the stockholder's own travel expenses, in 
any year in communicating with public officials; or 
    (g) (10) a party or the party's representative appearing to 
present a claim to the legislature and communicating to 
legislators only by the filing of a claim form and supporting 
documents and by appearing at public hearings on the claim. 
    Sec. 2.  Minnesota Statutes 1988, section 10A.01, is 
amended by adding a subdivision to read: 
    Subd. 25.  [LOCAL OFFICIAL.] "Local official" means a 
person who holds elective office in a political subdivision or 
who is appointed to or employed in a public position in a 
political subdivision in which the person has authority to make, 
to recommend, or to vote on as a member of the governing body, 
major decisions regarding the expenditure or investment of 
public money. 
    Sec. 3.  Minnesota Statutes 1988, section 10A.01, is 
amended by adding a subdivision to read: 
    Subd. 26.  [METROPOLITAN GOVERNMENTAL UNIT.] "Metropolitan 
governmental unit" means any of the seven counties in the 
metropolitan area as defined in section 473.121, subdivision 2, 
a regional railroad authority established by one or more of 
those counties under section 398A.03, a city with a population 
of over 50,000 located in the seven-county metropolitan area, 
the metropolitan council, a metropolitan agency as defined in 
section 473.121, subdivision 5a, the Minnesota state high school 
league, and the Greater Minnesota Corporation. 
    Sec. 4.  Minnesota Statutes 1988, section 10A.01, is 
amended by adding a subdivision to read: 
    Subd. 27.  [POLITICAL SUBDIVISION.] "Political subdivision" 
means the metropolitan council, a metropolitan agency as defined 
in section 473.121, subdivision 5a, a municipality as defined in 
section 471.345, subdivision 1, the Minnesota state high school 
league, and the Greater Minnesota Corporation. 
    Sec. 5.  Minnesota Statutes 1988, section 10A.01, is 
amended by adding a subdivision to read: 
    Subd. 28.  [PRINCIPAL.] "Principal" means an individual or 
association that:  
    (1) spends more than $500 in the aggregate in any calendar 
year to engage a lobbyist, compensate a lobbyist, or authorize 
the expenditure of money by a lobbyist; or 
    (2) is not included in clause (1) and spends a total of at 
least $50,000 in any calendar year on efforts to influence 
legislative action, administrative action, or the official 
action of metropolitan governmental units, as described in 
section 10. 
    Sec. 6.  Minnesota Statutes 1988, section 10A.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  There is hereby created a state ethical 
practices board composed of six members.  The members shall be 
appointed by the governor with the advice and consent of 
three-fifths of both the senate and the house of representatives 
acting separately.  If either house fails to confirm the 
appointment of a board member within 45 legislative days after 
appointment, or by adjournment sine die, whichever occurs first, 
the appointment shall terminate on the day following the 45th 
legislative day or on adjournment sine die, whichever occurs 
first.  If either house votes not to confirm an appointment, the 
appointment terminates on the day following the vote not to 
confirm. One member shall be a former member of the legislature 
from a major political party different from that of the 
governor; one member shall be a former member of the legislature 
from the same political party as the governor; two members shall 
be persons who have not been public officials, held any 
political party office other than precinct delegate, or been 
elected to public office for which party designation is required 
by statute in the three years preceding the date of their 
appointment; and the other two members shall not support the 
same political party.  No more than three of the members of the 
board shall support the same political party.  No member of the 
board may currently serve as a lobbyist. 
    Sec. 7.  Minnesota Statutes 1988, section 10A.04, 
subdivision 2, is amended to read: 
    Subd. 2.  Each report shall cover the time from the last 
day of the period covered by the last report to 15 days prior to 
the current filing date.  The reports shall be filed with the 
board by the following dates: 
    (a) January 15; 
    (b) April 15; and 
    (c) July 15; and 
    (d) October 15. 
    Sec. 8.  Minnesota Statutes 1988, section 10A.04, 
subdivision 4, is amended to read: 
    Subd. 4.  (a) The report shall include such information as 
the board may require from the registration form and 
the following information required by this subdivision for the 
reporting period:. 
    (a) (b) Each lobbyist shall report the lobbyist's total 
disbursements on lobbying, separately listing lobbying to 
influence legislative action, lobbying to influence 
administrative action, and lobbying to influence the official 
actions of a metropolitan governmental unit, and a breakdown of 
those disbursements for each of those kinds of lobbying into 
categories specified by the board, including but not limited to 
the cost of publication and distribution of each publication 
used in lobbying; other printing; media, including the cost of 
production; postage; travel; fees, including allowances; 
entertainment; telephone and telegraph; and other expenses;. 
    (b) (c) Each lobbyist shall report the amount and nature of 
each honorarium, gift, loan, item or benefit, excluding 
contributions to a candidate, equal in value to $50 or more, 
given or paid to any public or local official by the lobbyist or 
any employer or any employee of the lobbyist.  The list shall 
include the name and address of each public or local official to 
whom the honorarium, gift, loan, item or benefit was given or 
paid and the date it was given or paid; and. 
    (c) (d) Each lobbyist shall report each original source of 
funds in excess of $500 in any year used for the purpose of 
lobbying to influence legislative action, each such source of 
funds used to influence administrative action, and each such 
source of funds used to influence the official action of 
metropolitan governmental units.  The list shall include the 
name, address and employer, or, if self-employed, the occupation 
and principal place of business, of each payer of funds in 
excess of $500. 
    Sec. 9.  Minnesota Statutes 1988, section 10A.04, 
subdivision 4a, is amended to read: 
    Subd. 4a.  If in any reporting period the lobbyist's 
reportable disbursements total not over $100 and no honorarium, 
gift, loan, item or benefit equal in value to $50 or more was 
given or paid to any public official, a statement to that effect 
in lieu of the report may be filed for that period.  The 
unreported disbursements shall be included in the report for the 
following period, unless the total for that period, including 
the carryover, is not over $100.  The October January 15 report 
shall include all previously unreported disbursements, even 
though the total for the year is not over $100. 
    Sec. 10.  Minnesota Statutes 1988, section 10A.04, is 
amended by adding a subdivision to read: 
    Subd. 6.  [PRINCIPALS TO REPORT.] (a) Each principal shall 
report to the board as required in this subdivision by March 15 
for the preceding calendar year. 
    (b) Each principal shall report which of the following 
categories includes the total amount, rounded to the nearest 
dollar, spent by the principal during the preceding calendar 
year to influence legislative action, administrative action, and 
the official action of metropolitan governmental units: 
    (1) $501 to $50,000; 
    (2) $50,001 to $150,000; or 
    (3) $150,001 to $250,000. 
    (c) Beyond $250,000, each additional $250,000 constitutes 
an additional category, and each principal shall report which of 
the categories includes the total amount spent by the principal 
for the purposes provided in this subdivision. 
    (d) The principal shall report under this subdivision a 
total amount that includes: 
    (1) all direct payments by the principal to lobbyists in 
Minnesota; 
    (2) all expenditures for advertising, mailing, research, 
analysis, compilation and dissemination of information, and 
public relations campaigns related to legislative action, 
administrative action, or the official action of metropolitan 
governmental units in Minnesota; and 
    (3) all salaries and administrative expenses attributable 
to activities of the principal relating to efforts to influence 
legislative action, administrative action, or the official 
action of metropolitan governmental units in Minnesota. 
    Sec. 11.  Minnesota Statutes 1988, section 10A.04, is 
amended by adding a subdivision to read: 
    Subd. 7.  [FINANCIAL RECORDS.] The board may randomly audit 
the financial records of lobbyists and principals required to 
report under this section. 
    Sec. 12.  Minnesota Statutes 1988, section 10A.05, is 
amended to read: 
    10A.05 [LOBBYIST REPORT.] 
    Within 30 days after each lobbyist filing date set by 
section 10A.04, the executive director of the board shall report 
to the governor, and the presiding officer of each house of the 
legislature, the names of the lobbyists registered who were not 
previously reported, the names of the persons or associations 
whom they represent as lobbyists and, the subject or subjects on 
which they are lobbying, and whether in each case they lobby to 
influence legislative or administrative action or both.  At the 
same times, the executive director of the board shall report to 
the governing body of each metropolitan governmental unit, the 
names of the registered lobbyists who attempt to influence the 
official action of metropolitan governmental units, the names of 
the persons or associations whom they represent as lobbyists, 
and the subject or subjects on which they are lobbying. 
    Sec. 13.  Minnesota Statutes 1988, section 10A.06, is 
amended to read: 
    10A.06 [CONTINGENT FEES PROHIBITED.] 
    No person shall may act as or employ a lobbyist for 
compensation which that is dependent upon the result or outcome 
of any legislative or administrative action, or of the official 
action of a metropolitan governmental unit.  Any A person who 
violates the provisions of this section is guilty of a gross 
misdemeanor. 
    Sec. 14.  [CURRENT BOARD MEMBERS.] 
    Section 6 does not apply to members of the ethical 
practices board appointed before the effective date of section 6.
    Sec. 15.  [SEVERABILITY.] 
    If a provision of this article is found to be 
unconstitutional and void, the remaining provisions of this 
article remain valid. 
    Sec. 16.  [EFFECTIVE DATE.] 
    Sections 1 to 5, 8, 10, 11, and 12 are effective January 1, 
1991.  Section 13 is effective January 1, 1991, and applies to 
crimes committed on or after that date. 

                               ARTICLE 2

                ECONOMIC INTEREST AND CONFLICT REPORTING
    Section 1.  Minnesota Statutes 1988, section 10A.07, is 
amended to read: 
    10A.07 [CONFLICTS OF INTEREST.] 
    Subdivision 1.  [DISCLOSURE OF POTENTIAL CONFLICTS.] Any A 
public official or a local official elected to or appointed by a 
metropolitan governmental unit who in the discharge of official 
duties would be required to take an action or make a 
decision which that would substantially affect the official's 
financial interests or those of an associated business, unless 
the effect on the official is no greater than on other members 
of the official's business classification, profession, or 
occupation, shall take the following actions: 
    (a) (1) prepare a written statement describing the matter 
requiring action or decision and the nature of the potential 
conflict of interest; 
    (b) (2) deliver copies of the statement to the board and to 
the official's immediate superior, if any; and 
    (c) (3) if a member of the legislature or of the governing 
body of a metropolitan governmental unit, deliver a copy of the 
statement to the presiding officer of the house body of service. 
    If a potential conflict of interest presents itself and 
there is insufficient time to comply with the provisions of 
clauses (a) (1) to (c) (3), the public or local official shall 
verbally orally inform the superior or the official body of 
service, or committee thereof, of the body of the potential 
conflict.  The official shall file a written statement with the 
board within one week after the potential conflict presents 
itself. 
    Subd. 2.  If the public official is not a member of the 
legislature or of the governing body of a metropolitan 
governmental unit, the superior shall assign the matter, if 
possible, to another employee who does not have a potential 
conflict of interest.  If there is no immediate superior, 
the public official shall abstain, if possible, in a manner 
prescribed by the board from influence over the action or 
decision in question.  If the public official is a member of the 
legislature, the house of service may, at the member's request, 
excuse the member from taking part in the action or decision in 
question.  If the official is not permitted or is otherwise 
unable to abstain from action in connection with the matter, the 
official shall file a statement describing the potential 
conflict and the action taken.  A public official shall file the 
statement with the board and a local official shall file the 
statement with the governing body of the official's political 
subdivision.  The statement must be filed within a week of the 
action taken. 
    Subd. 3.  [INTEREST IN CONTRACT; LOCAL OFFICIALS.] This 
section does not apply to a local official with respect to a 
matter governed by sections 471.87 and 471.88. 
    Sec. 2.  Minnesota Statutes 1989 Supplement, section 
10A.09, subdivision 1, is amended to read: 
    Subdivision 1.  [TIME FOR FILING.] Except for a candidate 
for elective office in the judicial branch, an individual shall 
file a statement of economic interest with the board: 
    (a) (1) within 60 days of accepting employment as a public 
official or a local official in a metropolitan governmental 
unit; 
    (b) (2) within 14 days after filing an affidavit of 
candidacy or petition to appear on the ballot for an elective 
public office or an elective local office in a metropolitan 
governmental unit; 
    (c) (3) in the case of a public official requiring the 
advice and consent of the senate, within 14 days after 
undertaking the duties of office; or 
    (d) (4) in the case of members of the Minnesota racing 
commission, the director of the division of pari-mutuel racing, 
chief of security, medical officer, inspector of pari-mutuels, 
and stewards employed or approved by the commission or persons 
who fulfill those duties under contract, within 60 days of 
accepting or assuming duties. 
    Sec. 3.  Minnesota Statutes 1988, section 10A.09, 
subdivision 2, is amended to read: 
    Subd. 2.  [NOTIFICATION.] The secretary of state or the 
appropriate county auditor, upon receiving an affidavit of 
candidacy or petition to appear on the ballot from an individual 
required by this section to file a statement of economic 
interest, and any official who nominates or employs a public or 
local official required by this section to file a statement of 
economic interest, shall notify the board of the name of the 
individual required to file a statement and the date of the 
affidavit, petition, or nomination. 
    Sec. 4.  Minnesota Statutes 1988, section 10A.09, is 
amended by adding a subdivision to read: 
    Subd. 6a.  [LOCAL OFFICIALS.] A local official required to 
file a statement under this section shall file it with the 
governing body of the official's political subdivision.  The 
governing body shall maintain statements filed with it under 
this subdivision as public data. 
    Sec. 5.  Minnesota Statutes 1988, section 383B.053, 
subdivision 1, is amended to read: 
    Subdivision 1.  [OFFICIALS REQUIRED TO FILE; DEADLINES.] 
Every candidate for county office, every elected official of 
Hennepin county, every candidate for office and every elected 
official of a home rule charter city or statutory city located 
wholly within Hennepin county and having a population of 75,000 
or more, and every candidate for school board and every elected 
official in special school district No. 1, Minneapolis shall 
file statements of economic interest as required by this section 
with the filing officer.  A candidate shall file an original 
statement within 14 days of the filing of an affidavit or 
petition to appear on the ballot.  All elected officials of 
Hennepin county and of a home rule charter city or statutory 
city located wholly in Hennepin county and having a population 
of 75,000 or more who are in office on March 19, 1980, shall 
file an original statement of economic interest 60 days after 
forms for disclosure are provided to the filing officer.  Every 
individual required to file a statement shall file a 
supplementary statement on April 15 of each year in which the 
individual remains a candidate or elected official.  An official 
required to file a statement of economic interest under section 
10A.09 is not required to comply with this section. 
    Sec. 6.  [APPROPRIATION.] 
    $20,000 is appropriated from the general fund to the 
ethical practices board for the purposes of this act.  This 
appropriation is for fiscal year 1991.  
    Sec. 7.  [EFFECTIVE DATE.] 
    Article 2 is effective January 1, 1991. 

                                ARTICLE 3

                          STATE CAMPAIGN REFORM
    Section 1.  Minnesota Statutes 1988, section 10A.01, 
subdivision 7, is amended to read: 
    Subd. 7.  "Contribution" means a transfer of funds or a 
donation in kind. 
    Contribution includes any loan or advance of credit to a 
political committee, political fund, or principal campaign 
committee, which loan or advance of credit is (a) forgiven, or 
(b) paid by an entity individual or an association other than 
the political committee, political fund, or principal campaign 
committee to which the loan or advance of credit is made.  If an 
advance of credit or a loan is forgiven or paid as provided in 
this subdivision, it is a contribution in the year in which the 
loan or advance of credit is made. 
    A contribution 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. 
    Contribution does not include services provided without 
compensation by an individual volunteering personal time on 
behalf of a candidate, ballot question, political committee or 
political fund, or the publishing or broadcasting of news items 
or editorial comments by the news media. 
    Sec. 2.  Minnesota Statutes 1988, section 10A.01, 
subdivision 10b, is amended to read: 
    Subd. 10b.  "Independent expenditure" means an expenditure 
expressly advocating the election or defeat of a clearly 
identified candidate, which 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. 
    Sec. 3.  Minnesota Statutes 1988, section 10A.01, 
subdivision 10c, is amended to read: 
    Subd. 10c.  "Noncampaign disbursement" means a purchase or 
payment of money or anything of value made, or an advance of 
credit incurred, by a political committee, political fund, or 
principal campaign committee for any purpose other than to 
influence the nomination or election of a candidate or to 
promote or defeat a ballot question.  
    Noncampaign disbursement includes: 
    (a) Payment for accounting and legal services; 
    (b) Return of a contribution to the source; 
    (c) Repayment of a loan made to the political committee, 
political fund, or principal campaign committee by that 
committee or fund; 
    (d) Return of money from the state elections campaign fund; 
    (e) Payment for food and, beverages consumed at, 
entertainment, and facility rental for a fundraising event; 
    (f) Services for a constituent by a member of the 
legislature or a constitutional officer in the executive branch, 
performed from the beginning of the term of office to 60 days 
after adjournment sine die of the legislature in the election 
year for the office held; and 
    (g) A donation in kind given to the political committee, 
political fund, or principal campaign committee for purposes 
listed in clauses (e) and (f).  The board shall determine 
whether an activity involves a noncampaign disbursement within 
the meaning of this subdivision. 
    Sec. 4.  [10A.065] [CONTRIBUTIONS AND SOLICITATIONS DURING 
LEGISLATIVE SESSION.] 
    Subdivision 1.  [REGISTERED LOBBYIST CONTRIBUTIONS; 
LEGISLATIVE SESSION.] A candidate for the legislature, a 
candidate's principal campaign committee, any other political 
committee with the candidate's name or title, or any committee 
authorized by the candidate, shall not solicit or accept a 
contribution on behalf of the candidate's principal campaign 
committee, any other political committee with the candidate's 
name or title, or any committee authorized by the candidate, 
from a registered lobbyist, political committee, or political 
fund during a regular session of the legislature.  
    Subd. 2.  [DEFINITION.] For purposes of this section, 
"regular session" does not include a special session or the 
interim between the two annual sessions of a biennium.  
    Subd. 3.  [CIVIL PENALTY.] A candidate or political 
committee that violates this section is subject to a civil fine 
of up to $500.  If the board makes a public finding that there 
is probable cause to believe a violation of this section has 
occurred, the board shall bring an action, or transmit the 
finding to a county attorney who shall bring an action, in the 
district court of Ramsey county, to impose a civil fine as 
prescribed by the board.  Fines paid under this section must be 
deposited in the general fund in the state treasury. 
    Subd. 4.  [SPECIAL ELECTION.] This section does not apply 
to a candidate or a candidate's principal campaign committee in 
a legislative special election during the period beginning when 
the person becomes a candidate in the special election and 
ending on the day of the special election. 
    Subd. 5.  [POLITICAL COMMITTEE.] This section does not 
apply to a political committee established by a state political 
party; by the party organization within a congressional 
district, county, legislative district, municipality, or 
precinct; by all or part of the party organization within each 
house of the legislature, except for individual members; by a 
candidate for an office other than the legislature; or to a 
member of such a political committee acting solely on behalf of 
the committee. 
    Sec. 5.  Minnesota Statutes 1988, section 10A.20, 
subdivision 3, is amended to read: 
    Subd. 3.  Each report under this section shall disclose: 
    (a) The amount of liquid assets on hand at the beginning of 
the reporting period; 
    (b) The name, address and employer, or occupation if 
self-employed, of each individual, political committee or 
political fund who within the year has made one or more 
transfers or donations in kind to the political committee or 
political fund, including the purchase of tickets for all fund 
raising efforts, which in aggregate exceed $100 for legislative 
or statewide candidates or ballot questions, together with the 
amount and date of each transfer or donation in kind, and the 
aggregate amount of transfers and donations in kind within the 
year from each source so disclosed.  A donation in kind shall be 
disclosed at its fair market value.  An approved expenditure is 
listed as a donation in kind.  A donation in kind is considered 
consumed in the reporting period in which it is received.  The 
names of contributors shall be listed in alphabetical order; 
    (c) The sum of contributions to the political committee or 
political fund during the reporting period; 
    (d) Each loan made or received by the political committee 
or political fund within the year in aggregate in excess of 
$100, continuously reported until repaid or forgiven, together 
with the name, address, occupation and the principal place of 
business, if any, of the lender and any endorser and the date 
and amount of the loan.  If any loan made to the principal 
campaign committee of a candidate is forgiven at any time or 
repaid by any entity other than that principal campaign 
committee, it shall be reported as a contribution for the year 
in which the loan was made; 
    (e) Each receipt in excess of $100 not otherwise listed 
under clauses (b) to (d); 
    (f) The sum of all receipts of the political committee or 
political fund during the reporting period; 
    (g) The name and address of each individual or association 
to whom aggregate expenditures, including approved expenditures, 
have been made by or on behalf of the political committee or 
political fund within the year in excess of $100, together with 
the amount, date and purpose of each expenditure and the name 
and address of, and office sought by, each candidate on whose 
behalf the expenditure was made, identification of the ballot 
question which the expenditure is intended to promote or defeat, 
and in the case of independent expenditures made in opposition 
to a candidate, the name, address and office sought for each 
such candidate; 
    (h) The sum of all expenditures made by or on behalf of the 
political committee or political fund during the reporting 
period; 
    (i) The amount and nature of any advance of credit incurred 
by the political committee or political fund, continuously 
reported until paid or forgiven.  If any advance of credit 
incurred by the principal campaign committee of a candidate is 
forgiven at any time by the creditor or paid by any entity other 
than that principal campaign committee, it shall be reported as 
a donation in kind for the year in which the advance of credit 
was incurred; 
    (j) The name and address of each political committee, 
political fund, or principal campaign committee to which 
aggregate transfers in excess of $100 have been made within the 
year, together with the amount and date of each transfer; 
    (k) The sum of all transfers made by the political 
committee, political fund, or principal campaign committee 
during the reporting period; 
    (l) For principal campaign committees only, the sum of 
noncampaign disbursements made in each category listed in 
section 10A.01, subdivision 10c, during the reporting period; 
and 
    (m) The sum of all noncampaign disbursements made by the 
political committee, political fund, or principal campaign 
committee during the reporting period. 
    (l) Except for contributions to a candidate or committee 
for a candidate for office in a municipality as defined in 
section 471.345, subdivision 1, the name and address of each 
individual or association to whom aggregate noncampaign 
disbursements in excess of $100 have been made within the year 
by or on behalf of a principal campaign committee, political 
committee, or political fund, together with the amount, date, 
and purpose of each noncampaign disbursement. 
    Sec. 6.  Minnesota Statutes 1988, section 10A.20, 
subdivision 5, is amended to read: 
    Subd. 5.  In any statewide election any contribution or 
contributions from any one source totaling $2,000 or more, or in 
any legislative election totaling more than $400, received 
between the last day covered in the last report prior to an 
election and the election shall be reported to the board in one 
of the following ways: 
    (1) in person within 48 hours after its receipt; 
    (2) by telegram or mailgram within 48 hours after its 
receipt; or 
    (3) by certified mail sent within 48 hours after its 
receipt. 
    These contributions must also be reported in the next 
required report. 
    The 48-hour notice requirement does not apply with respect 
to a primary if the statewide or legislative candidate is 
unopposed in that primary. 
    Sec. 7.  Minnesota Statutes 1988, section 10A.20, is 
amended by adding a subdivision to read: 
    Subd. 13.  [THIRD PARTY REIMBURSEMENT.] An individual, 
political committee, or political fund 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 is required to 
report the purpose of each expenditure or disbursement for which 
the third party is being reimbursed.  An 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. 8.  Minnesota Statutes 1988, section 10A.22, 
subdivision 7, is amended to read: 
    Subd. 7.  [STATEMENT REQUIRED; PENALTY.] (a) The treasurer 
of a political committee or political fund shall not accept a 
contribution of more than $100 from a political committee or 
political fund an association not registered in this state 
unless the contribution is accompanied by a written statement 
which meets the disclosure and reporting period requirements 
imposed by section 10A.20.  This statement shall be certified as 
true and correct by an officer of the contributing political 
committee or political fund association.  The political 
committee or political fund which accepts the contribution shall 
include a copy of the statement with the report which discloses 
the contribution to the board.  The provisions of this 
subdivision shall not apply when a national political party 
transfers money to its affiliate in this state. 
    (b) An unregistered association may provide the written 
statement required by this subdivision to no more than three 
political committees or political funds in any calendar year.  
Each statement must cover at least the 30 days immediately 
preceding and including the date on which the contribution was 
made.  An unregistered association or an officer of it is 
subject to a civil penalty up to $1,000 if the association or 
its officer: 
    (1) fails to provide a written statement as required by 
this subdivision; or 
    (2) fails to register after giving the written statement 
required by this subdivision to more than three political 
committees or political funds in any calendar year. 
    An officer of an association who violates this paragraph is 
guilty of a misdemeanor. 
    Sec. 9.  Minnesota Statutes 1988, section 10A.24, is 
amended to read: 
    10A.24 [DISSOLUTION OR TERMINATION.] 
    Subdivision 1.  [TERMINATION REPORT.] No political 
committee or political fund shall dissolve until it has settled 
all of its debts and disposed of all its assets in excess of 
$100 and filed a termination report. The termination report may 
be made at any time and shall include all information required 
in periodic reports. 
   Subd. 2.  [TERMINATION ALLOWED.] Notwithstanding 
subdivision 1, after mailing notice to any remaining creditors 
by certified mail, a political committee or political fund that 
has debts incurred more than six years previously, has disposed 
of all its assets, and has met the requirements of section 
10A.20, subdivision 7, may file a termination report. 
    Sec. 10.  [10A.242] [DISSOLUTION OF INACTIVE COMMITTEES AND 
FUNDS.] 
    Subdivision 1.  [DISSOLUTION REQUIRED.] (a) A political 
committee or political fund must be dissolved within 60 days 
after receiving notice from the board that the committee has 
become inactive.  The assets of the committee or fund must be 
spent for the purposes authorized by section 211B.12 and other 
applicable law or liquidated and deposited in the general 
account of the state elections campaign fund within 60 days 
after the board notifies the committee or fund that it has 
become inactive.  
    Subd. 2.  [INACTIVITY DEFINED.] (a) A principal campaign 
committee becomes inactive on the later of the following dates: 
    (1) when six years have elapsed since the last election in 
which the person was a candidate for the office sought or held 
at the time the principal campaign committee registered with the 
board; or 
    (2) when six years have elapsed since the last day on which 
the individual for whom it exists served in an elective office 
subject to this chapter. 
    (b) A committee or fund other than a principal campaign 
committee becomes inactive when two years have elapsed since the 
end of a reporting period during which the committee or fund 
made an expenditure or disbursement requiring disclosure under 
this chapter. 
    Subd. 3.  [REMAINING DEBTS.] If a committee or fund becomes 
inactive when it still has unpaid debts, the committee or fund 
shall liquidate available assets to pay the debts.  If 
insufficient assets exist to pay the debts, the board may set up 
a payment schedule and allow the committee or fund to defer 
dissolution until all debts are paid.  This section does not 
extinguish debts incurred by the committee or fund. 
    Sec. 11.  Minnesota Statutes 1988, section 10A.25, 
subdivision 2, is amended to read: 
    Subd. 2.  In a year in which an election is held for an 
office sought by a candidate, no expenditures shall be made by 
the principal campaign committee of that candidate, nor any 
approved expenditures made on behalf of that candidate which 
expenditures and approved expenditures result in an aggregate 
amount in excess of the following: 
    (a) For governor and lieutenant governor, running together, 
$600,000 $1,626,691; 
    (b) For attorney general, $100,000 $271,116; 
    (c) For secretary of state, state treasurer, and state 
auditor, separately, $50,000 $135,559; 
    (d) For state senator, $15,000 $40,669; 
    (e) For state representative, $7,500 $20,335. 
    Sec. 12.  Minnesota Statutes 1988, section 10A.25, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [AGGREGATED EXPENDITURES.] If a candidate makes 
expenditures from more than one principal campaign committee for 
nomination or election to statewide office in the same election 
year, the amount of expenditures from all of the candidate's 
principal campaign committees for statewide office for that 
election year must be aggregated for purposes of the application 
of the limits on campaign expenditures under subdivision 2, 
clauses (a) to (c). 
    Sec. 13.  Minnesota Statutes 1988, section 10A.25, 
subdivision 5, is amended to read: 
    Subd. 5.  Notwithstanding the limits imposed by subdivision 
2, the winning candidate in a contested race in a primary who 
receives less than twice as many votes as any one of the 
candidate's opponents in that primary may make aggregate 
expenditures and approved expenditures equal to 120 percent of 
the applicable amount as set forth in subdivision 2, as adjusted 
by section 10A.255. 
    Sec. 14.  Minnesota Statutes 1988, section 10A.25, 
subdivision 6, is amended to read: 
    Subd. 6.  In any year following an election year for the 
office held or sought, the aggregate amount of expenditures by 
and approved expenditures on behalf of a candidate for or holder 
of that office shall not exceed 20 percent one-fourth of the 
expenditure limit set forth in subdivision 2. 
    Sec. 15.  Minnesota Statutes 1988, section 10A.25, 
subdivision 10, is amended to read: 
    Subd. 10.  The expenditure limits imposed by this section 
apply only to candidates whose major political party 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 an allocation of money from 
the state elections campaign fund.  
    A candidate of a major political party who agrees to be 
bound by the limits and receives a public subsidy, who has an 
opponent who:  (1) is a candidate of a major political party; 
and (2) 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, including those in section 26, subdivision 
1, paragraph (c), but is still eligible to receive a public 
subsidy.  
    Sec. 16.  Minnesota Statutes 1988, section 10A.255, is 
amended by adding a subdivision to read: 
    Subd. 3.  [PUBLICATION OF EXPENDITURE LIMIT.] By June 15 of 
each year the board shall publish in the State Register the 
expenditure limit for each office for that calendar year under 
section 10A.25 as adjusted by this section. 
    Sec. 17.  Minnesota Statutes 1988, section 10A.27, 
subdivision 1, is amended to read: 
    Subdivision 1.  Except as provided in subdivisions 2 and 6, 
no candidate shall permit the candidate's principal campaign 
committee to accept contributions from any individual, political 
committee, or political fund in excess of the following: 
    (a) To candidates for governor and lieutenant governor 
running together, $60,000 in an election year for the office 
sought and $12,000 in other years; 
    (b) To a candidate for attorney general, $10,000 in an 
election year for the office sought and $2,000 in other years; 
    (c) To a candidate for the office of secretary of state, 
state treasurer or state auditor, $5,000 in an election year for 
the office sought and $1,000 in other years; 
    (d) To a candidate for state senator, $1,500 in an election 
year for the office sought and $300 one-third of that amount in 
other years; and 
    (e) To a candidate for state representative, $750 in an 
election year for the office sought and $150 one-third of that 
amount in the other year. 
    Sec. 18.  Minnesota Statutes 1988, section 10A.27, is 
amended by adding a subdivision to read: 
    Subd. 9.  A candidate's principal campaign committee shall 
not accept in any calendar year aggregate contributions in an 
amount greater than the maximum amount allowed under subdivision 
1 from another candidate's principal campaign committee or any 
other committee bearing the contributing candidate's name or 
title or otherwise authorized by the contributing candidate. 
    Sec. 19.  Minnesota Statutes 1988, section 10A.275, is 
amended to read: 
    10A.275 [MULTICANDIDATE POLITICAL PARTY EXPENDITURES.] 
    Subdivision 1.  [EXCEPTIONS.] Notwithstanding any other 
provisions of this chapter, the following expenditures by a 
state political party or, a substate party unit of a state 
political party as described in section 10A.27, subdivision 
4, or two or more party units acting together, with at least one 
party unit being either:  the state party organization or the 
party organization within a congressional district, county, or 
legislative district, shall not be considered contributions to 
or expenditures on behalf of any candidate for the purposes of 
section 10A.25 or 10A.27, and shall not be allocated to any 
candidates pursuant to section 10A.22, subdivision 5: 
    (a) expenditures on behalf of candidates of that party 
generally without referring to any of them specifically in any 
advertisement published, posted or broadcast; 
    (b) expenditures for the preparation, display, mailing or 
other distribution of an official party sample ballot listing 
the names of three or more individuals whose names are to appear 
on the ballot; 
    (c) expenditures for any telephone conversation including 
the names of three or more individuals whose names are to appear 
on the ballot; or 
    (d) expenditures for any political party fundraising effort 
on behalf of three or more candidates.; or 
    (e) expenditures for party committee staff member services 
that benefit three or more candidates.  
    Subd. 2.  [APPLICATION.] This section applies to a 
political committee of a political party as defined in section 
10A.27, subdivision 4. 
    Subd. 3.  [PARTY UNIT.] For purposes of this section, 
"party unit" means the party organization within each house of 
the legislature; the state party organization; or the party 
organization within a congressional district, county, 
legislative district, municipality, or precinct. 
    Sec. 20.  Minnesota Statutes 1988, section 10A.28, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CANDIDATE EXCEEDING EXPENDITURE LIMITS.] A 
candidate subject to the expenditure limits of in section 10A.25 
who permits the candidate's principal campaign committee to make 
expenditures or permits approved expenditures to be made on the 
candidate's behalf in excess of the limits imposed by section 
10A.25 shall be, as adjusted by section 10A.255, is subject to a 
civil fine up to four times the amount which the expenditures 
exceeded the limit. 
    Sec. 21.  Minnesota Statutes 1988, section 10A.30, 
subdivision 2, is amended to read: 
    Subd. 2.  Within the state elections campaign fund account 
there shall be maintained a separate political party account for 
the candidates of each political party and a general account. 
    Sec. 22.  [10A.315] [SPECIAL ELECTION SUBSIDY.] 
    (a) Each eligible candidate for a legislative office in a 
special election must be paid a public subsidy equal to the sum 
of: 
    (1) the party account money at the last general election 
for the candidate's party for the office the candidate is 
seeking; and 
    (2) the general account money paid to candidates for the 
same office at the last general election.  
    (b) If the filing period for the special election does not 
coincide with the filing period for the general election, a 
candidate who wishes to receive this public subsidy must submit 
a signed agreement under section 24 to the board not later than 
the day after the candidate files the affidavit of candidacy or 
nominating petition for the office.  To receive a subsidy, the 
candidate must meet the matching requirements of section 25, 
except that the dates in that section do not apply to a special 
election in which the filing period does not coincide with the 
filing period for the general election.  To the extent feasible, 
the special election subsidy must be distributed in the same 
manner as money in the party and general accounts is distributed 
to legislative candidates in a general election.  
    (c) The amount necessary to make the payments required by 
this subdivision is appropriated from the general fund to the 
state treasurer. 
    Sec. 23.  [10A.321] [ESTIMATES OF MINIMUM AMOUNTS TO BE 
RECEIVED.] 
    Subdivision 1.  [CALCULATION AND CERTIFICATION OF 
ESTIMATES.] The commissioner of revenue shall calculate and 
certify to the board before July 1 in an election year an 
estimate of the total amount in the state general account of the 
state elections campaign fund and the amount of money each 
candidate who qualifies, as provided in section 10A.31, 
subdivisions 6 and 7, may receive from the candidate's party 
account in the state elections campaign fund.  This estimate 
must be based upon the allocations and formulas in section 
10A.31, subdivision 5, any necessary vote totals provided by the 
secretary of state to apply the formulas in section 10A.31, 
subdivision 5, and the amount of money expected to be available 
after 100 percent of the tax returns have been processed.  
    Subd. 2.  [PUBLICATION, CERTIFICATION, AND NOTIFICATION 
PROCEDURES.] Before the first day of filing for office, the 
board shall publish and forward to all filing officers the 
estimates calculated and certified under subdivision 1 along 
with a copy of section 10A.25, subdivision 10.  Within seven 
days after the last day for filing for office, the secretary of 
state shall certify to the board the name, address, office 
sought, and party affiliation of each candidate who has filed 
with that office an affidavit of candidacy or petition to appear 
on the ballot.  The auditor of each county shall certify to the 
board the same information for each candidate who has filed with 
that county an affidavit of candidacy or petition to appear on 
the ballot.  Within seven days afterward, the board shall 
estimate the minimum amount to be received by each candidate who 
qualifies, as provided in section 10A.31, subdivisions 6 and 7.  
By August 15 the board shall notify all candidates of their 
minimum amount.  The board shall include with the notice a form 
for the agreement provided in section 24 along with a copy of 
section 10A.25, subdivision 10. 
    Sec. 24.  [10A.322] [PUBLIC SUBSIDY AGREEMENTS.] 
    Subdivision 1.  [AGREEMENT BY CANDIDATE.] As a condition of 
receiving a public subsidy from the state elections campaign 
fund, a candidate shall sign and file with the board a written 
agreement in which the candidate agrees that the candidate will 
comply with sections 10A.25 and section 26.  Before the first 
day of filing for office, the board shall forward agreement 
forms to all filing officers.  The candidate may sign an 
agreement and submit it to the filing officer on the day of 
filing an affidavit of candidacy or petition to appear on the 
ballot, in which case the filing officer shall without delay 
forward signed agreements to the board.  Alternatively, the 
candidate may submit the agreement directly to the board by the 
following September 1.  An agreement may not be rescinded after 
that date.  The board shall forward a copy of any agreement 
signed under this subdivision to the commissioner of revenue.  
    Subd. 2.  [HOW LONG AGREEMENT IS EFFECTIVE.] The agreement, 
insofar as it relates to the expenditure limits in section 
10A.25, as adjusted by section 10A.255, remains effective for 
candidates until the dissolution of the principal campaign 
committee of the candidate or the day filings open for the next 
succeeding election to the office held or sought at the time of 
the agreement, whichever occurs first. 
    Subd. 3.  [ESTIMATE; ACTUAL AMOUNT.] For the purposes of 
subdivisions 1 to 3 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 section 23, subdivision 1, plus the total amount 
estimated as provided in section 23, subdivision 1, 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 must not be considered violated. 
    Subd. 4.  [CREDIT RECEIPT FORMS; PENALTY.] The board shall 
make available to a political party on request and to any 
candidate for whom an agreement under this section is effective, 
a supply of official credit receipt forms that state in boldface 
type that (1) a contributor who is given a receipt form is 
eligible to claim a credit as provided in section 290.06, 
subdivision 23, and (2) if the contribution is to a candidate, 
that the candidate has signed an agreement to limit campaign 
expenditures as provided in section 24.  The forms must provide 
duplicate copies of the receipt to be attached to the 
contributor's claim.  A candidate who does not sign an agreement 
under this section and who willfully issues an official credit 
receipt form or a facsimile of one to any of the candidate's 
contributors is guilty of a misdemeanor. 
    Sec. 25.  [10A.323] [MATCHING REQUIREMENTS.] 
    In addition to the requirements of section 24, to be 
eligible to receive a public subsidy from the state elections 
campaign fund a candidate shall file an affidavit with the board 
stating that during that calendar year the candidate has 
accumulated contributions, including unexpended balances from 
the year before, equal to 20 percent or more of the minimum 
amount that the board estimates, on August 15 of the general 
election year, would be received by the candidate from the state 
elections campaign fund.  The candidate or the candidate's 
treasurer shall submit the affidavit required by this 
subdivision to the board in writing by October 1 of the general 
election year. 
    Sec. 26.  [10A.324] [RETURN OF PUBLIC SUBSIDY.] 
    Subdivision 1.  [WHEN RETURN REQUIRED.] A candidate shall 
return all or a portion of the public subsidy received from the 
state elections campaign fund under the circumstances in 
paragraph (a), (b), or (c). 
    (a) To the extent that the amount of public subsidy 
received by the candidate exceeds the expenditure limits for the 
office held or sought, as provided in section 10A.25 and as 
adjusted by section 10A.255, the treasurer of the candidate's 
principal campaign committee shall return the excess to the 
board. 
    (b) To the extent that the amount of public subsidy 
received exceeds the aggregate of:  (1) actual expenditures made 
by the principal campaign committee of the candidate; and (2) 
approved expenditures made on behalf of the candidate, the 
treasurer of the candidate's principal campaign committee shall 
return an amount equal to the difference to the board. 
    (c) 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 exceed the 
difference between:  (1) the amount which legally may be 
expended by or for the candidate; and (2) the amount the 
candidate receives from the state elections campaign fund must 
be returned to the state treasurer, deposited in the state 
treasury, and credited to the general fund.  
    Subd. 2.  [CALCULATION.] 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 must be considered 
contributions accepted by that candidate in that year for the 
purposes of this subdivision.  The portion of contributions 
accepted by a candidate in an election year that equals the 
amount of noncampaign disbursements and contributions and 
expenditures to promote or defeat a ballot question that are 
made by that candidate in that year does not count toward the 
aggregate contributions and approved expenditure limit imposed 
by this section.  
    Subd. 3.  [HOW RETURN DETERMINED.] Whether or not a 
candidate is required under subdivision 1 to return all or a 
portion of the public subsidy received from the state elections 
campaign fund must be determined from the report required to be 
filed with the board by that candidate by January 31 of the year 
following an election.  For purposes of this section, a transfer 
from one principal campaign committee to another principal 
campaign committee is considered to be a noncampaign 
disbursement.  Any amount required to be returned must be 
submitted in the form of a check or money order and must 
accompany the report filed with the board.  The board shall 
forward the check or money order to the state treasurer for 
deposit in the general fund.  The amount returned must not 
exceed the amount of public subsidy received by the candidate 
from the state elections campaign fund. 
    Subd. 4.  [RETURN NOT REQUIRED.] A candidate whose campaign 
spending is unlimited under conditions imposed by section 
10A.25, subdivision 10, and who certifies that the candidate 
made campaign expenditures equal to the full amount of the 
public financing received is not required to return any portion 
of the money received from the state elections campaign fund 
under the aggregate contribution limit provisions of this 
section. 
    Sec. 27.  [10A.325] [POLITICAL PARTY NOT HAVING CERTAIN 
CANDIDATES.] 
    If money has been accumulated in the state elections 
campaign fund for the candidates of a political party, and the 
party does not have a candidate in a general election for the 
office of state senator or state representative, the party 
account money allocated for the office for which there is no 
candidate must be returned to the general fund of the state.  If 
that party does not have a candidate in a general election for 
any state constitutional office, the party account money 
allocated for that office must be transferred to the state 
general account of the state elections campaign fund for 
reallocation to all of the candidate offices as provided in 
section 10A.31, subdivision 5, and for distribution in that 
election year to candidates as provided in section 10A.31, 
subdivision 7.  
    Sec. 28.  Minnesota Statutes 1988, section 290.06, is 
amended by adding a subdivision to read: 
    Subd. 23.  [CONTRIBUTIONS TO POLITICAL PARTIES AND 
CANDIDATES.] (a) A taxpayer may claim a credit equal to the 
amount of the taxpayer's contributions made in the calendar year 
to candidates and to any political party.  The maximum credit 
for an individual must not exceed $50 and, for a married couple 
filing jointly, must not exceed $100.  A credit for a 
contribution is allowed only if the taxpayer files a form 
required by the commissioner and attaches to the form a copy of 
an official credit receipt form issued by the candidate or 
party.  A claim must be filed with the commissioner not sooner 
than September 1 of the calendar year in which the contribution 
is made and no later than April 15 of the calendar year 
following the calendar year in which the contribution is made.  
A taxpayer may file only one claim per calendar year.  Amounts 
paid by the commissioner after June 15 of the calendar year 
following the calendar year in which the contribution is made 
must include interest at the rate specified in section 270.76. 
    (b) No credit is allowed under this subdivision for a 
contribution to any candidate who has not signed an agreement to 
limit campaign expenditures as provided in section 24, or 
article 4, section 4, and for whom voluntary spending limits are 
specified in section 10A.25 or article 4, section 4.  This 
subdivision does not limit the campaign expenditure of a 
candidate who does not sign an agreement but accepts a 
contribution for which the contributor improperly claims a 
credit.  
    (c) For purposes of this subdivision, "political party" 
means a major political party as defined in section 200.02, 
subdivision 7, or a minor political party qualifying for 
inclusion on the income tax or property tax refund form under 
section 10A.31, subdivision 3a.  A "major or minor party" 
includes the aggregate of the party organization within each 
house of the legislature, the state party organization, and the 
party organization within congressional districts, counties, 
legislative districts, municipalities, and precincts.  
"Candidate" means a candidate as defined in section 10A.01, 
subdivision 5, but does not include a candidate for judicial 
office.  Beginning January 1, 1991, "candidate" also means a 
candidate for the United States Senate or United States House of 
Representatives from Minnesota. 
    (d) The commissioner shall include a copy of the credit 
form with the instructions for the long and short individual 
taxation forms.  The commissioner shall make copies of the form 
available to the public and candidates upon request. 
     (e) The following data collected or maintained by the 
commissioner under this subdivision are private:  the identities 
of individuals claiming a credit, the identities of candidates 
to whom those individuals have made contributions, and the 
amount of each contribution. 
    (f) The amount necessary to pay claims for the credit 
provided in this section is appropriated from the general fund 
to the commissioner of revenue. 
    Sec. 29.  [TRANSITIONAL PROVISION FOR INACTIVE POLITICAL 
COMMITTEES AND FUNDS.] 
    Subdivision 1.  [NOTICE.] Within 30 days after the 
effective date of section 10, the ethical practices board shall 
send a notice to all political committees and funds informing 
them of the new requirements concerning inactive committees and 
funds, along with a copy of section 10. 
    Subd. 2.  [EXISTING INACTIVE COMMITTEES AND FUNDS.] A 
political committee or fund that is inactive under the criteria 
set forth in section 10, subdivision 3, on the effective date of 
that section, shall dissolve by December 31, 1990, unless the 
board defers dissolution under section 10, subdivision 3. 
    Sec. 30.  [SEVERABILITY.] 
    If a provision of this article is found to be 
unconstitutional and void, the remaining provisions of this 
article remain valid. 
    Sec. 31.  [APPROPRIATION.] 
    The sum of $150,000 is appropriated from the general fund 
to the commissioner of revenue for fiscal years 1990 and 1991 
for the administration of the credit in section 28. 
    Sec. 32.  [REPEALER.] 
    Minnesota Statutes 1988, sections 10A.32, subdivisions 1, 
2, 3, and 4; and 10A.33; and Minnesota Statutes 1989 Supplement, 
section 10A.32, subdivision 3a, are repealed. 
    Sec. 33.  [EFFECTIVE DATE.] 
    Sections 1 to 4, 6 to 17, 19 to 27, 29, 30, and 32 are 
effective the day following final enactment.  Sections 5 and 18 
are effective January 1, 1991.  Section 28 is effective for 
taxable years beginning after December 31, 1989, for 
contributions to candidates as defined in section 10A.01, 
subdivision 5, excluding candidates for judicial office.  
Section 28 is effective for taxable years beginning after 
December 31, 1990, for contributions to candidates for the 
United States House of Representatives and United States Senate. 

                                ARTICLE 4 

                     CONGRESSIONAL CAMPAIGN REFORM
    Section 1.  [10A.40] [LEGISLATIVE FINDINGS OF FACT; 
LEGISLATIVE INTENT.] 
    Subdivision 1.  [CAMPAIGN FINANCING; FINDINGS OF FACT.] The 
legislature finds that: 
    (1) the spending on campaigns for congressional office has 
increased to a disgraceful level and continues to rise; 
    (2) the need to raise campaign contributions has caused 
Minnesota congressional candidates to aggressively solicit 
contributions from special interest groups and out-of-state 
sources, which diverts them from meeting Minnesota voters and 
publicly debating the pressing issues of the day; 
    (3) the current practice of congressional campaign 
contributions and spending, along with ethical scandals in 
Washington, D.C., have created a public perception of political 
corruption and undue influence by wealthy special interests; 
    (4) the United States Congress has debated necessary 
reforms for years but has failed to act, and the Federal 
Elections Campaign Act does not provide a means to encourage 
congressional candidates to voluntarily limit the amount of 
money they spend in campaigns; and 
    (5) as a consequence, Minnesota's representation in 
Congress is jeopardized and the public's confidence in our 
elected congressional representatives is weakened. 
    Subd. 2.  [PURPOSE.] (a) In order to redress the problems 
described in subdivision 1, it is necessary to encourage 
congressional candidates to voluntarily limit the amount of 
money they spend on campaigns.  A further purpose is to achieve 
the same successful results in congressional campaigns that have 
made Minnesota's state campaign spending system a model for the 
nation in the 15 years since its adoption. 
    (b) This article is intended to address the problems 
described in subdivision 1 as follows: 
    (1) by establishing voluntary limitations on campaign 
spending, candidates are discouraged from escalating campaign 
spending through the current means of financing campaigns, and 
campaign spending will likely be curtailed; 
    (2) by providing an alternate source of financing, 
congressional candidates will be less susceptible to political 
corruption and less dependent on special interests, which will 
enhance the public's confidence in their congressional 
representatives; 
    (3) by allowing candidates to focus on public issues rather 
than fundraising, the public will be better served in its 
representation and its opportunity to select the better 
candidate; 
    (4) by reducing the influence of special interest groups 
and out-of-state contributions, the integrity of the process and 
the confidence of the public in their public servants will be 
enhanced; and 
    (5) as a consequence, Minnesota will build on the success 
of its system of voluntary expenditure limits. 
    Subd. 3.  [LEGISLATIVE INTENT.] In enacting sections 1 to 
12, the legislature intends to provide a system to encourage 
voluntary campaign expenditure limits that, in concert with the 
existing federal law and rules, will provide a comprehensive 
system of campaign and election regulation.  The legislature 
does not intend to enact legislation that is in conflict with 
existing federal law, and does not intend to regulate where 
specific federal laws have already been enacted. 
    Sec. 2.  [10A.41] [DEFINITIONS.] 
    Subdivision 1.  [APPLICATION.] The definitions in this 
section apply to sections 1 to 12.  Where consistent with 
federal law, the definitions in section 10A.01 also apply to 
sections 1 to 12.  
    Subd. 2.  [AUTHORIZED COMMITTEE.] "Authorized committee" 
means the principal campaign committee or another political 
committee designated and authorized by a congressional candidate 
under United States Code, title 2, section 432, subsection 
(e)(1), to receive contributions or make expenditures on behalf 
of that congressional candidate. 
    Subd. 3.  [CAMPAIGN EXPENDITURE; EXPENDITURE.] "Campaign 
expenditure" or "expenditure" means "expenditure" as that term 
is defined under United States Code, title 2, section 431, 
paragraph (9). 
    Subd. 4.  [CONGRESSIONAL CANDIDATE.] "Congressional 
candidate" means an individual who seeks nomination or election 
to the United States Senate or United States House of 
Representatives from this state and who is a "candidate" as that 
term is defined under United States Code, title 2, section 431, 
paragraph (2).  A congressional candidate is not a "candidate" 
as defined in section 10A.01, subdivision 5. 
    Subd. 5.  [CONTRIBUTION.] "Contribution" means a 
"contribution" as that term is defined under United States Code, 
title 2, section 431, paragraph (8). 
    Subd. 6.  [INDEPENDENT CANDIDATE.] "Independent candidate" 
means a congressional candidate who is not the candidate of a 
major political party, minor political party, or new political 
party. 
    Subd. 7.  [MINOR POLITICAL PARTY.] "Minor political party" 
means any political party under whose name in the last state 
general election a candidate filed for statewide or 
congressional office and received less than five percent but 
more than three percent of the vote for that office. 
    Subd. 8.  [NEW POLITICAL PARTY.] "New political party" 
means a political party that is neither a major political party 
nor a minor political party. 
    Subd. 9.  [POLITICAL COMMITTEE.] "Political committee" 
means a "political committee" as that term is defined under 
United States Code, title 2, section 431, paragraph (4).  
"Political committee" includes a major political party, a minor 
political party, a principal campaign committee, and an 
authorized committee. 
    Subd. 10.  [PRINCIPAL CAMPAIGN COMMITTEE.] "Principal 
campaign committee" means a political committee designated and 
authorized by a congressional candidate under United States 
Code, title 2, section 432, subsection (e)(1). 
    Sec. 3.  [10A.42] [LIMITATION ON APPLICATION.] 
    The provisions of sections 10A.11 to 10A.24 relating to the 
organization, registration, and administration of and reporting 
and disclosure by political funds and political committees, 
including principal campaign committees, do not apply to 
congressional candidates and authorized committees of 
congressional candidates.  The organization, registration, and 
administration of and reporting and disclosure by authorized 
committees of congressional candidates are governed by United 
States Code, title 2, chapter 14. 
    Sec. 4.  [10A.43] [EXPENDITURE LIMIT AGREEMENT.] 
    Subdivision 1.  [FINANCIAL INCENTIVE.] (a) The state 
treasurer shall pay a financial incentive to each congressional 
candidate of a major political party or minor political party 
whose name will appear on the ballot in a general or special 
election, who has signed an agreement to limit campaign 
expenditures as provided in this section, and who is abiding by 
the agreement.  In the case of an independent or new political 
party candidate, the congressional candidate must in addition 
receive more than three percent of the vote cast at the general 
election for the office sought.  An incentive is not payable to 
a congressional candidate whose name appears only on the ballot 
in a primary election, but an incentive paid to a candidate in a 
general or special election may be used to pay expenses or 
retire debt incurred in the primary campaign. 
    (b) The amount of the incentive is up to 25 percent of the 
expenditure limit for a congressional candidate for the office 
of United States senator and up to 25 percent of the expenditure 
limit for a congressional candidate for the office of 
representative in Congress.  
    Subd. 2.  [AGREEMENT.] As a condition of receiving an 
incentive, a congressional candidate shall sign and file with 
the board an agreement that the aggregate of expenditures made 
by the authorized committees of the congressional candidate will 
not exceed the expenditure limits in section 5.  The expenditure 
limits apply only to congressional candidates who have agreed to 
be bound by the limits as a condition of receiving an incentive 
for their campaigns. 
    Subd. 3.  [SUBMISSION OF AGREEMENT.] Before the first day 
of filing for office, the board shall forward agreement forms to 
all filing officers.  The congressional candidate may sign an 
agreement and submit it to the filing officer on the day of 
filing an affidavit of candidacy or petition to appear on the 
ballot, in which case the filing officer shall without delay 
forward signed agreements to the board.  Alternatively, for a 
general election the congressional candidate may submit the 
agreement directly to the board by September 1 preceding the 
general election.  An agreement may not be rescinded after that 
date.  The board shall forward a copy of any agreement signed 
under this subdivision to the commissioner of revenue. 
    Subd. 4.  [HOW LONG AGREEMENT IS EFFECTIVE.] The agreement, 
insofar as it relates to the expenditure limits in section 5, 
remains effective for congressional candidates until the 
termination of the authorized committees of the congressional 
candidate, as provided under United States Code, title 2, 
section 433(d), or the day filings open for the next succeeding 
election to the office held or sought at the time of agreement, 
whichever occurs first. 
    Subd. 5.  [CREDIT RECEIPT FORMS; PENALTY.] The board shall 
make available to a political party on request and to any 
congressional candidate signing an agreement under this section 
a supply of official credit receipt forms that state in boldface 
type that (1) a contributor who is given a receipt form is 
eligible to claim a credit as provided in section 290.06, 
subdivision 23, and (2) if the contribution is to a 
congressional candidate, that candidate has signed an agreement 
to limit campaign expenditures as provided in this section.  A 
congressional candidate who does not sign an agreement under 
this section and who willfully issues an official credit receipt 
form or a facsimile of one to any of the candidate's 
contributors is guilty of a misdemeanor. 
    Sec. 5.  [10A.44] [CONGRESSIONAL CAMPAIGN SPENDING LIMITS.] 
    Subdivision 1.  [LIMITS.] During the calendar year in which 
an election is held for an office sought by a congressional 
candidate, no expenditures may be made by the authorized 
committees of that congressional candidate that result in an 
aggregate amount in excess of the following: 
    (1) for United States senator, $3,400,000; and 
    (2) for representative in Congress, $425,000. 
    A congressional candidate whose name will appear on the 
ballot in more than one general or special election in a year is 
subject to a separate spending limit for each election.  For a 
candidate for representative in Congress in a special election, 
the expenditure limits apply during the ten months before and 
the two months after the special election. 
    Subd. 2.  [ADJUSTMENT BY CONSUMER PRICE INDEX.] (a) The 
dollar amounts provided in subdivision 1 must be adjusted for 
general election years as provided in this subdivision.  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 last 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 and any special elections 
for which filings open before a new limit is set.  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 1982 as a 
base year. 
    (b) The dollar amounts in subdivision 1 must be adjusted 
for races in years subsequent to 1990 in the manner provided in 
paragraph (a), and the last general election year must be 
considered to be 1990 and the dollar amounts used for the last 
general election year for the offices of United States senator 
and representative in Congress must be $3,400,000 and $425,000 
respectively. 
    (c) By June 15 of each year, the board shall publish in the 
State Register the expenditure limit for each office for that 
calendar year as adjusted under this subdivision. 
    Subd. 3.  [CONTESTED PRIMARY RACES.] Notwithstanding the 
limits imposed by subdivisions 1 and 2, the winning 
congressional candidate in a contested race in a primary who 
receives less than twice as many votes as any one of the 
candidate's opponents in that primary may make aggregate 
expenditures equal to 120 percent of the applicable amount under 
subdivisions 1 and 2. 
    Subd. 4.  [POSTELECTION YEAR EXPENDITURES.] In any year 
following an election year for the office held or sought, the 
aggregate amount of expenditures on behalf of a congressional 
candidate for or holder of that office must not exceed 20 
percent of the expenditure limit in subdivisions 1 and 2. 
    Subd. 5.  [LIMITATION CONDITIONAL.] (a) The expenditure 
limits imposed by this section apply as provided by this 
subdivision. 
    (b) If all the congressional candidates seeking an office 
agree to be bound by the limits, no candidate may receive an 
incentive, but all candidates are bound by the limits. 
    (c) If all major political party congressional candidates 
seeking an office agree to be bound by the limits, no such 
candidate of a major political party may receive an incentive, 
but all such candidates are bound by the limits. 
    (d) If a candidate of a major political party, minor 
political party or new political party, or an independent 
candidate, (i) agrees to be bound by the limits, and (ii) has an 
opponent who is a candidate of a major political party and who 
declines to be bound by the limits, the candidate who agrees to 
limits is eligible to receive an incentive and is not bound by 
the limits. 
    Subd. 6.  [CERTAIN POSTELECTION COSTS.] After the election, 
a congressional candidate who is not a congressional incumbent 
and has been elected to Congress may spend an amount up to ten 
percent of the limits under subdivision 1 or 2 to defray 
transition costs.  This money may be spent only for the costs of 
the transition that are incurred between the election and the 
date on which the elected candidate begins congressional service 
and cannot be used to retire debts remaining from the primary or 
general election campaign. 
    Sec. 6.  [10A.45] [CONTRIBUTION AND LOAN LIMITS.] 
    Contributions by or to a congressional candidate and loans 
to a congressional candidate are governed by United States Code, 
title 2, chapter 14. 
    Sec. 7.  [10A.46] [MULTICANDIDATE POLITICAL PARTY 
EXPENDITURES.] 
    Multicandidate political party expenditures with respect to 
congressional candidates are governed by United States Code, 
title 2, section 431, paragraph (9).  
    Sec. 8.  [10A.47] [PENALTY FOR EXCEEDING LIMITS.] 
    Subdivision 1.  [EXPENDITURE LIMITS.] A congressional 
candidate subject to the expenditure limits in section 5 who 
permits the candidate's authorized committees to make aggregate 
expenditures on the candidate's behalf in excess of the limits 
imposed by section 5 is subject to a civil fine of up to four 
times the amount by which the expenditures exceed the limit. 
    Subd. 2.  [CONTRIBUTION LIMITS.] A congressional candidate 
who permits the candidate's authorized committees to accept 
contributions in excess of the limits imposed under United 
States Code, title 2, chapter 14, is subject to the penalties 
imposed by United States Code, title 2, section 437g. 
    Subd. 3.  [CONCILIATION AGREEMENTS.] If the board finds 
that there is reason to believe that excess expenditures have 
been made contrary to subdivision 1, the board shall make every 
effort for not less than 14 days after its finding to correct 
the matter by informal methods of conference and conciliation 
and to enter a conciliation agreement with the person involved.  
A conciliation agreement made under this subdivision is a matter 
of public record.  Unless violated, a conciliation agreement 
bars any civil proceeding under subdivision 4. 
    Subd. 4.  [CIVIL ACTION.] If the board is unable after a 
reasonable time to correct by informal methods any matter that 
constitutes probable cause to believe that excess expenditures 
have been made contrary to subdivision 1, the board shall make a 
public finding of probable cause in the matter.  After making a 
public finding, the board shall bring an action or transmit the 
finding to a county attorney who shall bring an action to impose 
a civil fine as prescribed by the board under subdivision 1.  An 
action filed against a congressional candidate for United States 
senator must be brought in the district court of Ramsey county.  
An action filed against a congressional candidate for 
representative in Congress may be brought in the district court 
of a county within the congressional candidate's congressional 
district or in the district court in Ramsey county.  All money 
recovered under this section must be deposited in the state 
treasury and credited to the general fund. 
    Sec. 9.  [10A.48] [MATCHING REQUIREMENTS.] 
    In order to be eligible to receive a financial incentive, a 
congressional candidate must provide evidence to the board of 
contributions equal to the financial incentive.  Except as 
otherwise provided by section 10, when a candidate submits an 
affidavit to the board showing contributions equal to at least 
one-fourth of the incentive amount, that amount will be paid to 
the candidate.  A candidate may receive the incentive at any 
time during the calendar year in which the election is held, 
after the certification of primary results, and may receive it 
in quarters, or in larger portions if the candidate submits an 
affidavit showing that a larger amount of contributions has been 
made. 
    Sec. 10.  [10A.49] [CERTIFICATION AND DISTRIBUTION.] 
    Subdivision 1.  [CERTIFICATION OF ELIGIBLE 
CANDIDATES.] Within one week after certification by the state 
canvassing board of the results of the primary, the ethical 
practices board shall certify to the state treasurer the name of 
each major political party or minor political party 
congressional candidate who is eligible to receive a financial 
incentive. 
    Subd. 2.  [DISTRIBUTION OF MONEY AFTER PRIMARY.] Within two 
weeks after certification by the state canvassing board of the 
results of the primary, the state treasurer shall pay an 
incentive to each major political party or minor political party 
congressional candidate who has signed an agreement as required 
under section 5 and is eligible to receive an incentive. 
    Subd. 3.  [INDEPENDENT AND NEW PARTY CANDIDATES.] Within 
two weeks after certification by the state canvassing board of 
the results of the state general election, the state treasurer 
shall pay an incentive to each independent or new political 
party congressional candidate who has signed an agreement as 
required under section 5 and is eligible to receive an 
incentive.  To be eligible to receive an incentive, an 
independent or new party congressional candidate must receive at 
least three percent of the vote cast at the general election for 
the office sought. 
    Subd. 4.  [APPROPRIATION.] The amount necessary to pay the 
incentives under this section is appropriated from the general 
fund to the state treasurer.  
    Sec. 11.  [10A.50] [RETURN OF FINANCIAL INCENTIVE.] 
    Subdivision 1.  [WHEN REQUIRED.] A congressional candidate 
shall return all or a portion of the financial incentive 
received under the circumstances in this subdivision.  To the 
extent that the incentive received exceeds the aggregate of 
actual expenditures made by the authorized committees of the 
congressional candidate, the treasurer of the congressional 
candidate's principal campaign committee shall return an amount 
equal to the difference to the board.  
    Subd. 2.  [HOW RETURN DETERMINED.] Whether a congressional 
candidate is required under subdivision 1 to return all or a 
portion of the incentive received must be determined from the 
report required to be filed with the secretary of state by that 
congressional candidate by January 31 of the year following an 
election.  Any amount required to be returned must be submitted 
in the form of a check or money order and must accompany the 
report filed under section 12.  The secretary of state shall 
forward the check or money order to the state treasurer for 
deposit in the general fund.  The amount returned must not 
exceed the amount of incentive received by the congressional 
candidate. 
    Sec. 12.  [10A.51] [CAMPAIGN REPORTS.] 
    A congressional candidate who agrees to be bound by the 
expenditure limits in section 5, as a condition of receiving an 
incentive for the candidate's campaign, shall file with the 
secretary of state all reports that the candidate or the 
candidate's principal campaign committee treasurer acting for 
the candidate is required to file under United States Code, 
title 2, chapter 14.  The secretary of state shall forward 
copies of the reports, within 30 days after they are received, 
to the board. 
    Sec. 13.  [SEVERABILITY.] 
    If a provision of this article is found to be 
unconstitutional and void, the remaining provisions of this 
article remain valid. 
    Sec. 14.  [EFFECTIVE DATE.] 
    This article is effective January 1, 1991. 

                               ARTICLE 5

                    CONGRESSIONAL ACTION ENCOURAGED
    Section 1.  [NO MORE THAN 40 PERCENT FROM PACS.] 
    The Congress of the United States, acting under article I, 
section 4, of the Constitution, having chosen to regulate 
contributions to candidates for Congress, so that questions 
exist regarding the authority of state legislatures to regulate 
those contributions, is urged to enact additional regulations of 
contributions to congressional candidates so that a 
congressional candidate may receive no more than 40 percent of 
campaign contributions in any calendar year from political 
committees as defined in United States Code, title 2, section 
431, paragraph (4)(A) or (B). 

                               ARTICLE 6

                    OPEN MEETINGS OF THE LEGISLATURE
    Section 1.  [3.055] [OPEN MEETINGS.] 
    Subdivision 1.  [MEETINGS TO BE OPEN.] Meetings of the 
legislature shall be open to the public, including sessions of 
the senate, sessions of the house of representatives, joint 
sessions of the senate and the house of representatives, and 
meetings of a standing committee, committee division, 
subcommittee, conference committee, or legislative commission, 
but not including a caucus of the members of any of those bodies 
from the same house and political party nor a delegation of 
legislators representing a geographic area or political 
subdivision.  For purposes of this section, a meeting occurs 
when a quorum is present and action is taken regarding a matter 
within the jurisdiction of the body. 
    Subd. 2.  [ENFORCEMENT.] The house of representatives and 
the senate shall adopt rules to implement this section.  
Remedies provided by rules of the house and senate are 
exclusive.  No court or administrative agency has jurisdiction 
to enforce, enjoin, penalize, award damages, or otherwise act 
upon a violation or alleged violation of this section, to 
invalidate any provision of law because of a violation of this 
section, or to otherwise interpret this section. 
    Sec. 2.  [SEVERABILITY.] 
    If a provision of this article is found to be 
unconstitutional and void, the remaining provisions of this 
article remain valid. 

                                ARTICLE 7

                        MISCELLANEOUS PROVISIONS
    Section 1.  Minnesota Statutes 1988, section 97A.485, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [DEER LICENSE; ABSENTEE BALLOT APPLICATION.] The 
commissioner shall include with every license to take deer with 
firearms or by archery, sold or issued during a general election 
year, an application for absentee ballots and a voter 
registration card.  The commissioner shall obtain absentee 
ballot application forms from the secretary of state. 
    Sec. 2.  Minnesota Statutes 1988, section 204B.09, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
ELECTIONS.] Except as otherwise provided by this subdivision, 
affidavits of candidacy and nominating petitions for county, 
state and federal offices filled at the state general election 
shall be filed not more than 70 days nor less than 56 days 
before the state primary.  The affidavit may be prepared and 
signed at any time between 60 days before the filing period 
opens and the last day of the filing period.  Candidates for 
presidential electors may file petitions on or before the state 
primary day.  Nominating petitions to fill vacancies in 
nominations shall be filed as provided in section 204B.13.  No 
affidavit or petition shall be accepted later than 5:00 p.m. on 
the last day for filing.  Affidavits and petitions for offices 
to be voted on in only one county shall be filed with the county 
auditor of that county.  Affidavits and petitions for offices to 
be voted on in more than one county shall be filed with the 
secretary of state. 
    Sec. 3.  [204D.165] [SAMPLE BALLOTS TO SCHOOLS.] 
    Notwithstanding any contrary provisions in section 204D.09 
or 204D.16, the county auditor, two weeks before the applicable 
primary or general election, shall provide one copy of the 
sample partisan primary, nonpartisan primary, canary, white, or 
pink ballot to a school district upon request.  The school 
district may have the sample ballots reproduced at its expense 
for classroom educational purposes. 
    Sec. 4.  Minnesota Statutes 1988, section 383B.055, 
subdivision 1, is amended to read: 
    Subdivision 1.  The state ethical practices board shall: 
    (a) Develop forms for all statements and reports required 
to be filed under sections 383B.041 to 383B.054 and furnish the 
forms to the county filing officer in Hennepin county; 
    (b) (1) issue and publish advisory opinions concerning the 
requirements of sections 383B.041 to 383B.057 upon application 
in writing by the county filing officer of Hennepin county or 
any individual or association who wishes to use the opinion to 
guide the applicant's own conduct; and 
    (c) (2) exempt any individual or association required to 
disclose information under sections 383B.046 to 383B.05 from any 
requirement of those sections in the same manner as it exempts 
any individual or association from disclosure requirements under 
chapter 10A.  An individual or association exempted from the 
disclosure provisions of chapter 10A, shall also be exempt from 
the disclosure provisions of sections 383B.046 to 383B.05. 
    Sec. 5.  Minnesota Statutes 1988, section 383B.055, 
subdivision 2, is amended to read: 
    Subd. 2.  The county filing officer of Hennepin county 
shall develop forms for all statements and reports required to 
be filed under sections 383B.041 to 383B.054.  The filing 
officer shall furnish sufficient copies of the forms provided by 
the ethical practices board to all officers with whom candidates 
file affidavits or applications of candidacy and nominating 
petitions. 

                                ARTICLE 8 

                        JUDICIAL MERIT SELECTION 
    Section 1.  [480B.01] [COMMISSION ON JUDICIAL SELECTION.] 
    Subdivision 1.  [JUDICIAL VACANCIES.] If a judge of the 
district court dies, resigns, retires, or is removed during the 
judge's term of office, or if a new district judgeship is 
created, the resulting vacancy must be filled by the governor as 
provided in this section. 
    Subd. 2.  [COMMISSION ESTABLISHED; MEMBERS.] A commission 
on judicial selection is established.  It is composed of 
permanent members chosen as described in paragraphs (a) to (e). 
    (a) The governor shall appoint seven at-large members to 
the commission who serve at the pleasure of the governor.  The 
governor shall appoint one of these members as chair of the 
commission.  The chair may but does not have to be an attorney.  
The governor may appoint attorneys to fill no more than four of 
the remaining six positions. 
    (b) The justices of the supreme court shall appoint two 
at-large members to the commission to serve four-year terms, 
ending on the same day the governor's term of office ends.  The 
justices may appoint an attorney to fill no more than one of the 
two positions. 
    (c) The governor shall appoint two district members to the 
commission in each judicial district who serve at the pleasure 
of the governor.  The governor may appoint an attorney to fill 
no more than one of the two positions. 
    (d) The justices of the supreme court shall appoint two 
district members to the commission from each judicial district 
to serve four-year terms, ending on the same day the governor's 
term of office ends.  The justices may appoint an attorney to 
fill no more than one of the two positions. 
    (e) The appointing authorities shall ensure that the 
permanent members of the commission include women and minorities.
    Subd. 3.  [PARTICIPATION IN MEETINGS.] Individuals 
appointed as district members under subdivision 2, paragraphs 
(c) and (d), may participate in commission meetings and 
deliberations only when the commission is considering applicants 
to fill a vacancy on the district court in the judicial district 
from which those individuals were appointed. 
    Subd. 4.  [VACANCIES.] If a vacancy occurs on the 
commission by reason of the death or resignation of a member or 
by the removal of a member appointed under subdivision 2, the 
appointing or electing authority shall appoint or elect an 
individual to fill the vacancy for the unexpired term. 
    Subd. 5.  [QUORUM.] A quorum of the commission is seven 
members. 
    Subd. 6.  [TEMPORARY INELIGIBILITY FOR VACANCY.] Members of 
the commission who would otherwise be eligible to hold judicial 
office may not be considered or appointed to fill a district 
court judicial vacancy while they are members of the commission 
or for one year following the end of their membership on the 
commission. 
    Subd. 7.  [RECRUITMENT PROCESS.] The commission shall 
prepare and make available to the public and file with the clerk 
of the appellate courts and the secretary of state an outline of 
the process the commission will follow in recruiting and 
evaluating candidates to fill judicial vacancies.  The 
commission shall actively seek out and encourage qualified 
individuals, including women and minorities, to apply for 
judicial offices. 
    Subd. 8.  [CANDIDATE EVALUATION.] The commission shall 
evaluate the extent to which candidates have the following 
qualifications for judicial office:  integrity, maturity, health 
if job related, judicial temperament, diligence, legal 
knowledge, ability and experience, and community service.  The 
commission shall give consideration to women and minorities.  
The commission shall solicit, in writing, recommendations from 
attorney associations in the judicial district and from 
organizations that represent minority or women attorneys in the 
judicial district who have requested solicitation. 
    Subd. 9.  [COMMISSION MEETINGS; NOTICE; TIME.] Within ten 
days after a judicial vacancy occurs or the governor has been 
notified that a vacancy will occur on a named date, the governor 
shall give notice of the vacancy to the chair of the commission 
on judicial selection.  A meeting of the commission to consider 
the candidates for the vacancy must be held not less than 21 
days nor more than 42 days after the governor provides 
notification of the vacancy. 
    Subd. 10.  [NOTICE TO THE PUBLIC.] Upon receiving notice 
from the governor that a judicial vacancy has occurred or will 
occur on a specified date, the chair shall provide notice of the 
following information: 
    (1) the office that is or will be vacant; 
    (2) that applications from qualified persons or on behalf 
of qualified persons are being accepted by the commission; 
    (3) that application forms may be obtained from the 
governor or the commission at a named address; and 
    (4) that application forms must be returned to the 
commission by a named date.  
    The notice must be made available to attorney associations 
in the judicial district where the vacancy has occurred or will 
occur and to at least one newspaper of general circulation in 
each county in the district. 
    Subd. 11.  [NOMINEES TO GOVERNOR.] Within 60 days after the 
receipt of a notice of a judicial vacancy, the committee shall 
recommend to the governor no fewer than three and no more than 
five nominees for each judicial vacancy.  The names of the 
nominees must be made public.  The governor may fill the vacancy 
from the nominees recommended by the commission.  If the 
governor declines to select a nominee to fill the vacancy from 
the list of nominees, or if no list is submitted to the governor 
under this subdivision, the governor may select a person to fill 
the vacancy without regard to the commission's recommendation.  
If fewer than 60 days remain in the term of office of a governor 
who will not succeed himself or herself in office, the governor 
may fill a vacancy without waiting for the commission to 
recommend a list of nominees. 
    Subd. 12.  [COMMISSION MEETINGS AND DATA.] Meetings of the 
commission may be closed to discuss the candidates.  The 
commission shall file an annual tabulation with the governor of 
the number of applicants for judicial office and the age, sex, 
and race of applicants. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective July 1, 1990, and applies to 
vacancies that occur after that date. 
    Presented to the governor April 28, 1990 
    Signed by the governor May 5, 1990, 12:12 a.m.