Office of the Revisor of Statutes
Minnesota Session Laws - 1993, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1993
CHAPTER 318-H.F.No. 201
An act relating to elections; providing campaign
reform; permitting cities to use mail ballots in city,
county, and state elections; limiting noncampaign
disbursements to items specified by law; requiring
lobbyists and political committees and funds to
include their registration number on contributions;
prohibiting certain "friends of" committees; requiring
reports by certain solicitors of campaign
contributions; limiting certain contributions;
changing the judicial ballot; regulating related
committees; changing expenditure limits; limiting use
of contributions carried forward; requiring unused
postage to be carried forward as an expenditure;
requiring certain notices; changing contribution
limits; limiting contributions by political parties;
prohibiting transfers from one candidate to another,
with certain exceptions; limiting contributions by
certain political committees, funds, and individuals;
eliminating public subsidies to unopposed candidates;
providing for a public matching subsidy; increasing
expenditure limits in certain cases; clarifying filing
requirements for candidate agreements and the duration
of the agreements; providing for distribution of
public subsidies; requiring return of public subsidies
under certain conditions; prohibiting political
contributions by certain nonprofit corporations and
partnerships; requiring certain reports; providing
transition language; defining certain terms;
clarifying certain language; imposing penalties;
appropriating money; amending Minnesota Statutes 1992,
sections 10A.01, subdivisions 10b, 10c, and by adding
subdivisions; 10A.04, by adding a subdivision;
10A.065, subdivisions 1 and 5; 10A.14, subdivision 2;
10A.15, by adding subdivisions; 10A.16; 10A.17,
subdivisions 4 and 5; 10A.19, subdivision 1; 10A.20,
subdivisions 2, 3, and by adding subdivisions; 10A.24,
subdivision 1; 10A.25, subdivisions 2, 6, 10, and by
adding subdivisions; 10A.27, subdivisions 1, 2, 9, and
by adding subdivisions; 10A.28, subdivision 2; 10A.31,
subdivisions 6, 7, 10, and by adding a subdivision;
10A.315; 10A.322, subdivisions 1 and 2; 10A.323;
10A.324, subdivisions 1, 3, and by adding a
subdivision; 204B.36, subdivision 4; 204B.45,
subdivision 1; 211B.12; 211B.15; and 290.06,
subdivision 23; proposing coding for new law in
Minnesota Statutes, chapters 10A; and 211A; repealing
Minnesota Statutes 1992, sections 10A.27, subdivision
6; 10A.31, subdivisions 8 and 9; 488A.021, subdivision
3; and 488A.19, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. Minnesota Statutes 1992, section 204B.45,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] Any statutory or home rule
charter city or town having fewer than 400 registered voters on
June 1 of an election year and not located in a metropolitan
county as defined by section 473.121 may apply to the county
auditor to provide balloting by mail at any city, county, or
state election with no polling place other than the office of
the auditor or clerk. The governing body may apply to the
county auditor for permission to conduct balloting by mail. The
county board may provide for balloting by mail in unorganized
territory.
ARTICLE 2
Section 1. Minnesota Statutes 1992, section 10A.01, is
amended by adding a subdivision to read:
Subd. 9a. [ELECTION CYCLE.] "Election cycle" means the
period from January 1 following a general election for an office
to December 31 following the next general election for that
office, except that "election cycle" for a special election
means the period from the date the special election writ is
issued to 60 days after the special election is held.
Sec. 2. Minnesota Statutes 1992, 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. An expenditure by a political party or political
party unit, as defined in section 10A.275, subdivision 3, in a
race where the political party has a candidate on the ballot is
not an independent expenditure.
Sec. 3. Minnesota Statutes 1992, section 10A.01,
subdivision 10c, is amended to read:
Subd. 10c. [NONCAMPAIGN DISBURSEMENT.] "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 any of the following
purposes:
(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
a public subsidy;
(e) payment for food, beverages, 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 half the cost of services for a
constituent by a member of the legislature or a constitutional
officer in the executive branch performed from adjournment sine
die to 60 days after adjournment sine die;
(g) a donation in kind given to the political committee,
political fund, or principal campaign committee for purposes
listed in clauses (e) and (f);
(h) payment for food and beverages provided to campaign
volunteers while they are engaged in campaign activities;
(i) payment of expenses incurred by elected or appointed
leaders of a legislative caucus in carrying out their leadership
responsibilities;
(j) payment by a principal campaign committee of the
candidate's expenses for serving in public office, other than
for personal uses;
(k) costs of child care for the candidate's children when
campaigning;
(l) fees paid to attend a campaign school;
(m) costs of a postelection party during the election year
when a candidate's name will no longer appear on a ballot or the
general election is concluded, whichever occurs first;
(n) interest on loans paid by a principal campaign
committee on outstanding loans;
(o) filing fees;
(p) post-general election thank-you notes or advertisements
in the news media;
(q) the cost of campaign material purchased to replace
defective campaign material, if the defective material is
destroyed without being used;
(r) transfers to a party unit as defined in section
10A.275, subdivision 3; and
(s) other purchases or payments specified in board rules or
advisory opinions as being for any purpose other than to
influence the nomination or election of a candidate or to
promote or defeat a ballot question.
The board shall determine whether an activity involves a
noncampaign disbursement within the meaning of this subdivision;
and
(h) Payment for food and beverages provided to campaign
volunteers while they are engaged in campaign activities.
Sec. 4. Minnesota Statutes 1992, section 10A.01, is
amended by adding a subdivision to read:
Subd. 29. [POPULATION.] "Population" means the population
established by the most recent federal census, by a special
census taken by the United States Bureau of the Census, by an
estimate made by the metropolitan council, or by an estimate
made by the state demographer under section 4A.02, whichever has
the latest stated date of count or estimate.
Sec. 5. Minnesota Statutes 1992, section 10A.04, is
amended by adding a subdivision to read:
Subd. 8. [REPORTS BY SOLICITORS.] A lobbyist who directly
solicits and causes others to make aggregate contributions to
candidates or a caucus of the members of a political party in a
house of the legislature in excess of $5,000 between January 1
of the election year and 25 days before the primary or general
election must file the information in the report required by
section 10A.20, subdivision 14, ten days before the primary or
general election. This disclosure requirement is in addition to
the report required by section 10A.20, subdivision 14.
Sec. 6. Minnesota Statutes 1992, section 10A.065,
subdivision 1, is amended to read:
Subdivision 1. [REGISTERED LOBBYIST CONTRIBUTIONS;
LEGISLATIVE SESSION.] A candidate for the legislature or for
constitutional office, a candidate's principal campaign
committee, any other political committee with the candidate's
name or title, or any committee authorized by the candidate, or
a political committee established by all or a part of the party
organization within a house of the legislature, shall not
solicit or accept a contribution on behalf of the a candidate's
principal campaign committee, any other political committee with
the candidate's name or title, or any committee authorized by
the candidate, or a political committee established by all or a
part of the party organization within a house of the
legislature, from a registered lobbyist, political committee, or
political fund during a regular session of the legislature.
Sec. 7. Minnesota Statutes 1992, section 10A.065,
subdivision 5, is amended to read:
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 a judicial office; or to a member of such a
political committee acting solely on behalf of the committee.
Sec. 8. Minnesota Statutes 1992, section 10A.14,
subdivision 2, is amended to read:
Subd. 2. The statement of organization shall include:
(a) The name and address of the political committee or
political fund;
(b) The name and address of any supporting association of a
political fund;
(c) The name and address of the chair, the treasurer, and
any deputy treasurers;
(d) A listing of all depositories or safety deposit boxes
used;
(e) A statement as to whether the committee is a principal
campaign committee as authorized by section 10A.19, subdivision
1; and
(f) For political parties only, a list of categories of
substate units as defined in section 10A.27, subdivision 4.
Sec. 9. Minnesota Statutes 1992, section 10A.15, is
amended by adding a subdivision to read:
Subd. 3c. [RELATED COMMITTEES.] An individual,
association, political committee, or political fund may
establish, finance, maintain, or control a political committee
or political fund. One who does this is a "parent." The
political committee or fund so established, financed,
maintained, or controlled is a "subsidiary." If the parent is
an association, the association must create a political
committee or political fund to serve as the parent for reporting
purposes. A subsidiary must report its contribution to a
candidate or principal campaign committee as attributable to its
parent, and the contribution is counted toward the contribution
limits in section 10A.27 of the parent as well as of the
subsidiary.
Sec. 10. Minnesota Statutes 1992, section 10A.15, is
amended by adding a subdivision to read:
Subd. 5. [LOBBYIST, POLITICAL COMMITTEE, OR POLITICAL FUND
REGISTRATION NUMBER ON CHECKS.] A contribution made to a
candidate by a lobbyist, political committee, or political fund
must show the name of the lobbyist, political committee, or
political fund and the number under which it is registered with
the board.
Sec. 11. Minnesota Statutes 1992, section 10A.16, is
amended to read:
10A.16 [EARMARKING CONTRIBUTIONS PROHIBITED.]
Any An individual, political committee, or political
fund which receives may not solicit or accept a contribution
from any source with the express or implied condition that the
contribution or any part of it be directed to a particular
candidate shall disclose to the ultimate recipient, and in the
reports required by section 10A.20, the original source of the
contribution, the fact that the contribution is earmarked and
the candidate to whom it is directed. The ultimate recipient of
any contribution so earmarked shall also disclose the original
source and the individual, political committee, or political
fund through which it is directed. This section applies only to
contributions required to be disclosed by section 10A.20,
subdivision 3, clause (b). Any other than the initial
recipient. An individual, political committee, or political
fund who knowingly accepts any earmarked contribution and fails
to make the required disclosure is guilty of a gross misdemeanor.
Sec. 12. Minnesota Statutes 1992, section 10A.17,
subdivision 4, is amended to read:
Subd. 4. Any individual, political committee, or political
fund who independently solicits or accepts contributions or
makes independent expenditures on behalf of any candidate shall
publicly disclose that the candidate has not approved the
expenditure is an independent expenditure. All written
communications with those from whom contributions are
independently solicited or accepted or to whom independent
expenditures are made on behalf of a candidate, shall contain a
statement in conspicuous type that the activity is an
independent expenditure and is not approved by the candidate nor
is the candidate responsible for it. Similar language shall be
included in all oral communications, in conspicuous type on the
front page of all literature and advertisements published or
posted, and at the end of all broadcast advertisements made by
that individual, political committee or political fund on the
candidate's behalf.
Sec. 13. Minnesota Statutes 1992, section 10A.17,
subdivision 5, is amended to read:
Subd. 5. Any person who knowingly violates the provisions
of subdivision 2 or 4, or who falsely claims that the candidate
has not approved the expenditure or activity is guilty of a
misdemeanor. A person who knowingly violates the provisions of
subdivision 4 or falsely claims that an expenditure was an
independent expenditure is guilty of a gross misdemeanor.
Sec. 14. Minnesota Statutes 1992, section 10A.19,
subdivision 1, is amended to read:
Subdivision 1. No candidate shall accept contributions
from any source, other than self, in aggregate in excess of $100
or any money from the state elections campaign fund accept a
public subsidy unless the candidate designates and causes to be
formed a single principal campaign committee for each office
sought. A candidate may not authorize, designate, or cause to
be formed any other political committee bearing the candidate's
name or title or otherwise operating under the direct or
indirect control of the candidate. However, a candidate may be
involved in the direct or indirect control of a party unit as
defined in section 10A.275, subdivision 3.
A political committee bearing a candidate's name or title
or otherwise operating under the direct or indirect control of
the candidate, other than a principal campaign committee of the
candidate, may not accept contributions after the effective date
of this section, and must be dissolved by December 31, 1993.
Sec. 15. Minnesota Statutes 1992, section 10A.20,
subdivision 2, is amended to read:
Subd. 2. The reports shall be filed with the board on or
before January 31 of each year and additional reports shall be
filed as required and in accordance with clauses (a) and (b).
(a) In each year in which the name of the candidate is on
the ballot, the report of the principal campaign committee shall
be filed ten days before a primary and a general election, seven
days before a special primary and a special election, and 30 ten
days after a special election cycle. The report due after a
special election may be filed on January 31 following the
special election if the special election is held not more than
60 days before that date.
(b) In each general election year political committees and
political funds other than principal campaign committees shall
file reports ten days before a primary and general election.
If a scheduled filing date falls on a Saturday, Sunday or
legal holiday, the filing date shall be the next regular
business day.
Sec. 16. Minnesota Statutes 1992, section 10A.20,
subdivision 3, is amended to read:
Subd. 3. [CONTENTS OF REPORT.] 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) 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; and
(m) The sum of all noncampaign disbursements made within
the year by or on behalf of a principal campaign committee,
political committee, or political fund; and
(n) A report filed under subdivision 2, clause (b), by a
political committee or political fund that is subject to
subdivision 14, must contain the information required by
subdivision 14, if the political committee or political fund has
solicited and caused others to make aggregate contributions
greater than $5,000 between January 1 of the general election
year and the end of the reporting period. This disclosure
requirement is in addition to the report required by subdivision
14.
Sec. 17. Minnesota Statutes 1992, section 10A.20, is
amended by adding a subdivision to read:
Subd. 6b. [INDEPENDENT EXPENDITURES; NOTICE.] (a) Within
24 hours after an individual, political committee, or political
fund makes or becomes obligated by oral or written agreement to
make an independent expenditure in excess of $100, other than an
expenditure by an association targeted to inform solely its own
dues-paying members of the association's position on a
candidate, the individual, political committee, or political
fund shall file with the board an affidavit notifying the board
of the intent to make the independent expenditure and serve a
copy of the affidavit on each candidate in the affected race and
on the treasurer of the candidate's principal campaign
committee. The affidavit must contain the information with
respect to the expenditure that is required to be reported under
subdivision 3, paragraph (g); except that if an expenditure is
reported before it is made, the notice must include a reasonable
estimate of the anticipated amount. Each new expenditure
requires a new notice.
(b) An individual or the treasurer of a political committee
or political fund who fails to give notice as required by this
subdivision, or who files a false affidavit of notice, is guilty
of a gross misdemeanor and is subject to a civil fine of up to
four times the amount of the independent expenditure stated in
the notice or of which notice was required, whichever is greater.
Sec. 18. Minnesota Statutes 1992, section 10A.20, is
amended by adding a subdivision to read:
Subd. 14. [REPORTS BY SOLICITORS.] An individual,
association, political committee, or political fund, other than
a candidate or the members of a candidate's principal campaign
committee, that directly solicits and causes others to make
contributions to candidates or a caucus of the members of a
political party in a house of the legislature, that aggregate
more than $5,000 in a calendar year must file with the board a
report disclosing the amount of each contribution, the names of
the contributors, and to whom the contributions were given. The
report for each calendar year must be filed with the board by
January 31 of the following year. The report must cover the
accumulated contributions made or received during the calendar
year.
Sec. 19. Minnesota Statutes 1992, section 10A.24,
subdivision 1, is amended to read:
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. "Assets" include credit
balances at vendors and physical assets such as computers and
postage stamps. Physical assets must be listed at their fair
market value. The termination report may be made at any time
and shall include all information required in periodic reports.
Sec. 20. Minnesota Statutes 1992, section 10A.25,
subdivision 2, is amended to read:
Subd. 2. (a) 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) (1) For governor and lieutenant governor, running
together, $1,626,691;
(b) (2) For attorney general, $271,116;
(c) (3) For secretary of state, state treasurer, and state
auditor, separately, $135,559;
(d) (4) For state senator, $40,669;
(e) (5) For state representative, $20,335.
(b) If a special election cycle occurs during a general
election cycle, expenditures by or on behalf of a candidate in
the special election do not count as expenditures by or on
behalf of the candidate in the general election.
(c) The expenditure limits in this subdivision for an
office are increased by ten percent for a candidate who is
running for that office for the first time and who has not run
previously for any other office whose territory now includes a
population that is more than one-third of the population in the
territory of the new office.
Sec. 21. Minnesota Statutes 1992, section 10A.25,
subdivision 6, is amended to read:
Subd. 6. In any year following before 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 one-fourth 20 percent of
the expenditure limit set forth in subdivision 2.
Sec. 22. Minnesota Statutes 1992, section 10A.25,
subdivision 10, is amended to read:
Subd. 10. [EFFECT OF OPPONENT'S AGREEMENT.] (a) 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.
(b) 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:
(i) is no longer bound by the limits, including those in
section 10A.324, subdivision 1, paragraph (c); and
(ii) is eligible to receive a public subsidy; and
(iii) also receives, or shares equally with any other
candidate who agrees to be bound by limits, the opponent's share
of the general account public subsidy under section 10A.31.
For purposes of this subdivision, "otherwise eligible to
receive a public subsidy" means that a candidate meets the
requirements of sections 10A.31, 10A.315, 10A.321, and 10A.322,
but does not mean that the candidate has filed an affidavit of
matching funds under section 10A.323.
Sec. 23. Minnesota Statutes 1992, section 10A.25, is
amended by adding a subdivision to read:
Subd. 11. [CARRYFORWARD; DISPOSITION OF OTHER
FUNDS.] After all campaign expenditures and noncampaign
disbursements for an election cycle have been made, an amount up
to 50 percent of the expenditure limit for the office may be
carried forward. Any remaining amount up to the total amount of
the public subsidy from the state elections campaign fund and
any public matching subsidy must be returned to the state
treasury for credit to the general fund under section 10A.324.
Any remaining amount in excess of the total public subsidy must
be contributed to the state elections campaign fund or a
political party for multicandidate expenditures as defined in
section 10A.275.
Sec. 24. Minnesota Statutes 1992, section 10A.25, is
amended by adding a subdivision to read:
Subd. 12. [UNUSED POSTAGE AND CREDIT BALANCES CARRIED
FORWARD.] Postage that is purchased but not used during an
election cycle and credit balances at vendors that exceed a
combined total of $500 must be carried forward and counted as
expenditures during the election cycle during which they are
used.
Sec. 25. Minnesota Statutes 1992, section 10A.25, is
amended by adding a subdivision to read:
Subd. 13. [INDEPENDENT EXPENDITURES; LIMITS
INCREASED.] (a) The expenditure limits in this section are
increased by the sum of independent expenditures made in
opposition to a candidate plus independent expenditures made on
behalf of the candidate's major political party opponents, other
than expenditures by an association targeted to inform solely
its own dues-paying members of the association's position on a
candidate.
(b) Within 48 hours after receipt of an expenditure report
or notice required by section 10A.20, subdivision 3, 6, or 6b,
the board shall notify each candidate in the race of the
increase in the expenditure limit for the candidates against
whom the independent expenditures have been made.
(c) Within three days after providing this notice, the
board shall pay each candidate against whom the independent
expenditures have been made, if the candidate is eligible to
receive a public subsidy and has raised twice the minimum match
required, an additional public subsidy equal to one-half the
independent expenditures. The amount needed to pay the
additional public subsidy under this subdivision is appropriated
from the general fund to the board.
Sec. 26. Minnesota Statutes 1992, section 10A.27,
subdivision 1, is amended to read:
Subdivision 1. [CONTRIBUTION LIMITS.] Except as provided
in subdivisions 2 and 6, no candidate shall permit the
candidate's principal campaign committee to accept aggregate
contributions from made or delivered by any individual,
political committee, or political fund in excess of the
following:
(a) To candidates for governor and lieutenant governor
running together, $20,000 $2,000 in an election year for the
office sought and $3,000 $500 in other years;
(b) To a candidate for attorney general, $10,000 $1,000 in
an election year for the office sought and $2,000 $200 in other
years;
(c) To a candidate for the office of secretary of state,
state treasurer or state auditor, $5,000 $500 in an election
year for the office sought and $1,000 $100 in other years;
(d) To a candidate for state senator, $1,500 $500 in an
election year for the office sought and one-third of that
amount $100 in other years; and
(e) To a candidate for state representative, $750 $500 in
an election year for the office sought and one-third of that
amount $100 in the other year.
The following deliveries are not subject to the bundling
limitation in this subdivision:
(1) delivery of contributions collected by a member of the
candidate's principal campaign committee, such as a block worker
or a volunteer who hosts a fund raising event, to the
committee's treasurer; and
(2) a delivery made by an individual on behalf of the
individual's spouse.
Sec. 27. Minnesota Statutes 1992, section 10A.27,
subdivision 2, is amended to read:
Subd. 2. No candidate shall permit the candidate's
principal campaign committee to accept contributions from any
political party units in aggregate in excess of five ten times
the amount that may be contributed to that candidate by a
political committee as set forth in subdivision 1.
Sec. 28. Minnesota Statutes 1992, section 10A.27,
subdivision 9, is amended to read:
Subd. 9. (a) A candidate or the treasurer of 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 a transfer or
contribution from another candidate's principal campaign
committee or from any other committee bearing the contributing
candidate's name or title or otherwise authorized by the
contributing candidate, unless the contributing candidate's
principal campaign committee is being dissolved. A candidate's
principal campaign committee shall not make a transfer or
contribution to another candidate's principal campaign
committee, except when the contributing committee is being
dissolved.
(b) A candidate's principal campaign committee shall not
accept a transfer or contribution from, or make a transfer or
contribution to, a committee associated with a person who seeks
nomination or election to the office of President, Senator, or
Representative in Congress of the United States.
(c) A candidate or the treasurer of a candidate's principal
campaign committee shall not accept a contribution from a
candidate for political subdivision office, unless the
contribution is from the personal funds of the candidate for
political subdivision office. A candidate or the treasurer of a
candidate's principal campaign committee shall not make a
contribution from the principal campaign committee to a
candidate for political subdivision office.
Sec. 29. Minnesota Statutes 1992, section 10A.27, is
amended by adding a subdivision to read:
Subd. 10. [PROHIBITED CONTRIBUTIONS.] A candidate who
accepts a public subsidy may not contribute to the candidate's
own campaign more than ten times the candidate's election year
contribution limit under subdivision 1.
Sec. 30. Minnesota Statutes 1992, section 10A.27, is
amended by adding a subdivision to read:
Subd. 11. [CONTRIBUTIONS FROM CERTAIN TYPES OF
CONTRIBUTORS.] A candidate shall not permit the candidate's
principal campaign committee to accept a contribution from a
political committee other than a political party unit as defined
in section 10A.275, a political fund, a lobbyist, or an
individual, other than the candidate, who contributes more than
half the amount an individual may contribute, if the
contribution will cause the aggregate contributions from those
types of contributors to exceed an amount equal to 20 percent of
the expenditure limits for the office sought by the candidate.
Sec. 31. Minnesota Statutes 1992, section 10A.27, is
amended by adding a subdivision to read:
Subd. 12. [CONTRIBUTIONS TO OTHER POLITICAL COMMITTEES OR
FUNDS.] The treasurer of a political committee or political
fund, other than a candidate's principal campaign committee or a
political party unit as defined in section 10A.275, shall not
permit the political committee or political fund to accept
aggregate contributions from an individual, political committee,
or political fund in an amount more than $100 a year.
Sec. 32. Minnesota Statutes 1992, section 10A.28,
subdivision 2, is amended to read:
Subd. 2. A candidate who permits the candidate's principal
campaign committee to accept contributions in excess of the
limits imposed by section 10A.27, and the treasurer of a
political fund or political committee, other than a principal
campaign committee, who permits the committee or fund to accept
contributions in excess of the limits imposed by section 10A.27,
shall be subject to a civil fine of up to four times the amount
by which the contribution exceeded the limits.
Sec. 33. Minnesota Statutes 1992, section 10A.31,
subdivision 6, is amended to read:
Subd. 6. Within two weeks As soon as the board has
obtained from the secretary of state the results of the primary
election, but in any event no later than one week after
certification by the state canvassing board of the results of
the primary, the state treasurer board shall distribute the
available funds in each party account, as certified by the
commissioner of revenue on September 15 1, to the candidates of
that party who have signed the agreement as provided in section
10A.322 and filed the affidavit required by section 10A.323, and
whose names are to appear on the ballot in the general election,
according to the allocations set forth in subdivision 5. If a
candidate files the affidavit required by section 10A.323 after
September 1 of the general election year, the board shall pay
the candidate's allocation to the candidate at the next regular
payment date for public subsidies for that election cycle that
occurs at least 15 days after the candidate files the affidavit.
Sec. 34. Minnesota Statutes 1992, section 10A.31,
subdivision 7, is amended to read:
Subd. 7. Within two weeks after certification by the state
canvassing board of the results of the general election, the
state treasurer board shall distribute the available funds in
the general account, as certified by the commissioner of revenue
on November 15 1 and according to allocations set forth in
subdivision 5, in equal amounts to all candidates for each
statewide office who received at least five percent of the votes
cast in the general election for that office, and to all
candidates for legislative office who received at least ten
percent of the votes cast in the general election for the
specific office for which they were candidates. The board shall
not use the information contained in the report of the principal
campaign committee of any candidate due ten days before the
general election for the purpose of reducing the amount due that
candidate from the general account.
Sec. 35. Minnesota Statutes 1992, section 10A.31,
subdivision 10, is amended to read:
Subd. 10. [DISTRIBUTION.] In the event that on the date of
either certification by the commissioner of revenue as provided
in subdivisions 6 and 7, less than 98 percent of the tax returns
have been processed, the commissioner of revenue shall certify
to the board on by December 7 1 the amount accumulated in each
account since the previous certification. Within one week
thereafter By December 15, the board shall certify to the state
treasurer the amount to be distributed distribute to each
candidate according to the allocations as provided in
subdivision 5. As soon as practicable thereafter, the state
treasurer shall distribute the amounts to which the candidates
are entitled in the form of checks made "payable to the campaign
fund of ......(name of candidate)......." Any money accumulated
after the final certification shall be maintained in the
respective accounts for distribution in the next general
election year.
Sec. 36. Minnesota Statutes 1992, section 10A.31, is
amended by adding a subdivision to read:
Subd. 12. [UNOPPOSED CANDIDATE NOT ELIGIBLE.] A candidate
who is unopposed in both the primary election and the general
election is not eligible to receive a public subsidy from the
state election campaign fund. The subsidy from the party
account the candidate would otherwise have been eligible to
receive must be paid to the candidate's political party to be
deposited in a special account under section 10A.31, subdivision
5, clause (6), and used for only those items permitted under
section 10A.275.
Sec. 37. [10A.312] [PUBLIC MATCHING SUBSIDY.]
Subdivision 1. [ELIGIBILITY.] (a) In addition to the
subsidy payable from the state elections campaign fund, the
board shall pay a public matching subsidy to a candidate who:
(1) is seeking an office for which voluntary spending
limits are specified in section 10A.25;
(2) has designated a principal campaign committee;
(3) has signed and filed with the board an agreement to
limit campaign expenditures as provided in section 10A.322 and
is abiding by the agreement;
(4) has received contributions that exceed the threshold
established by section 10A.323;
(5) has been nominated to appear on the ballot in the
general election; and
(6) has submitted to the board the affidavits required by
section 10A.323.
(b) A candidate who is unopposed in both the primary
election and the general election is not eligible to receive a
public matching subsidy under this section.
Subd. 2. [AMOUNT.] The subsidy must be paid in an amount
that will match the first $50 of contributions received from a
person eligible to vote in this state, up to a total of 35
percent of the expenditure limits for state senator or
representative and up to a total of 25 percent of the
expenditure limits for constitutional officers set forth in
section 10A.25, subdivision 2, as adjusted for inflation under
section 10A.255, except as otherwise provided in this
subdivision. The public subsidy under this section may not be
paid in an amount that would cause the sum of the public subsidy
paid under this section plus the public subsidy paid under
section 10A.31 to exceed 50 percent of the expenditure limit for
the office.
If a candidate's share of the state election campaign fund
is equal to or greater than 50 percent of the spending limit for
the office sought by the candidate, the candidate may not apply
for a subsidy under this section. The board must determine the
candidate's anticipated share of the state election campaign
fund based on the certification by the commissioner of revenue
under section 10A.321. If the subsequent certification by the
commissioner of revenue under section 10A.31, subdivision 7,
indicates that the candidate's share of the state election
campaign fund is less than 50 percent of the spending limit for
the office sought, the candidate may apply for the public match
subsidy by submitting an affidavit by December 1.
Subd. 3. [PAYMENT DATES.] (a) The board shall make the
first payment of the public matching subsidy as soon as the
board has obtained from the secretary of state the results of
the primary election, but in any event no later than one week
after certification by the state canvassing board of the results
of the primary. The board shall make the second payment by
October 1 of the election year, the third payment by October 15
of the election year, the fourth payment by November 15 of the
election year, and the final payment by December 15 of the
election year.
(b) The amount necessary to make the payments required by
this section is appropriated from the general fund to the
board. * (The preceding paragraph beginning "(b)" was vetoed by
the governor.)
Sec. 38. Minnesota Statutes 1992, section 10A.315, is
amended to read:
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 coincides
with the filing period for the general election, the candidate
must meet the matching requirements of section 10A.323 and the
special election subsidy must be distributed in the same manner
as money is distributed to legislative candidates in a general
election.
(c) If the filing period for the special election does not
coincide with the filing period for the general election, the
procedures in this paragraph apply. A candidate who wishes to
receive this public subsidy must submit a signed agreement under
section 10A.322 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 10A.323, 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) (d) The amount necessary to make the payments required
by this subdivision is appropriated from the general fund to the
state treasurer.
Sec. 39. Minnesota Statutes 1992, section 10A.322,
subdivision 1, is amended to read:
Subdivision 1. [AGREEMENT BY CANDIDATE.] (a) 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 10A.324.
(b) Before the first day of filing for office, the board
shall forward agreement forms to all filing officers. The board
shall also provide agreement forms to candidates on request at
any time. 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 at any time before September 1
preceding the general election. An agreement may not be signed
or rescinded filed after that date. An agreement once filed may
not be rescinded.
(c) The board shall forward a copy of any agreement signed
under this subdivision to the commissioner of revenue.
(d) Notwithstanding any provisions of this section, when a
vacancy occurs that will be filled by means of a special
election and the filing period does not coincide with the filing
period for the general election, a candidate may sign and submit
a spending limit agreement at any time before the deadline for
submission of a signed agreement under section 10A.315.
Sec. 40. Minnesota Statutes 1992, section 10A.322,
subdivision 2, is amended to read:
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 end of the first election cycle completed after
the agreement was filed, whichever occurs first.
Sec. 41. Minnesota Statutes 1992, section 10A.323, is
amended to read:
10A.323 [MATCHING REQUIREMENTS.]
In addition to the requirements of section 10A.322, to be
eligible to receive a public subsidy from the state elections
campaign fund under section 10A.31 or 10A.312 a candidate or the
candidate's treasurer 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. from persons eligible to vote in this
state in the amount indicated for the office sought, counting
only the first $50 received from each contributor:
(1) candidates for governor and lieutenant governor running
together, $35,000;
(2) candidates for attorney general, $15,000;
(3) candidates for secretary of state, state treasurer, and
state auditor, separately, $6,000;
(4) candidates for the senate, $3,000; and
(5) candidates for the house of representatives, $1,500.
To be eligible to receive a public matching subsidy under
section 10A.312, the affidavit must state the total amount of
contributions that have been received from persons eligible to
vote in this state and the total amount of those contributions
received, disregarding the portion of any contribution in excess
of $50.
The candidate or the candidate's treasurer shall submit the
affidavit required by this subdivision section to the board in
writing by October September 1 of the general election year to
receive the payment based on the results of the primary
election, by September 15 to receive the payment made October 1,
by October 1 to receive the payment made October 15, by November
1 to receive the payment made November 15, and by December 1 to
receive the payment made December 15.
Sec. 42. Minnesota Statutes 1992, section 10A.324,
subdivision 1, is amended to read:
Subdivision 1. [WHEN RETURN REQUIRED.] A candidate shall
return all or a portion of the public subsidy received from the
state elections campaign fund or the public matching subsidy
received under section 10A.315, under the circumstances in
paragraph (a), (b), this section or (c) section 10A.25,
subdivision 11.
(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.
Sec. 43. Minnesota Statutes 1992, section 10A.324,
subdivision 3, is amended to read:
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 a principal campaign committee to another principal
campaign committee or to a political party is considered to be a
noncampaign disbursement. The cost of postage that was not used
during an election cycle and payments that created credit
balances at vendors at the close of an election cycle are not
considered expenditures for purposes of determining the amount
to be returned. 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.
Sec. 44. Minnesota Statutes 1992, section 10A.324, is
amended by adding a subdivision to read:
Subd. 5. [RETURN OF OPPONENT'S PUBLIC SUBSIDY.] If a
candidate received an opponent's public subsidy under section
10A.25, subdivision 10, the candidate shall return all or a
portion of the opponent's public subsidy if required under
subdivision 1. In addition, the candidate shall return all of
the opponent's public subsidy to the board if the opponent is
not required to file a campaign spending report under section
10A.20 or if the opponent's postelection report due on January
31 indicates that the opponent raised and spent $1,000 or less
during the campaign.
Sec. 45. Minnesota Statutes 1992, section 204B.36,
subdivision 4, is amended to read:
Subd. 4. [JUDICIAL CANDIDATES.] The official ballot shall
contain the names of all candidates for each judicial office and
shall state the number of those candidates for whom a voter may
vote. Each seat for an associate justice, associate judge, or
judge of the district court must be numbered. The title of each
judicial office shall be printed on the official primary and
general election ballot as follows:
(a) In the case of the supreme court:
"Chief justice (or associate justice) - supreme court (last
name of incumbent) seat";
"Associate justice (number) - supreme court"
(b) In the case of the court of appeals:
"Judge (number) - court of appeals (last name of incumbent)
seat"; or
(c) In the case of the district court:
"Judge (number) - (number) district court (last name of
incumbent) seat"; or
(d) In the case of the county court:
"Judge - (number) county court (last name of incumbent)
seat."
Sec. 46. [211A.12] [CONTRIBUTION LIMITS.]
A candidate may not accept aggregate contributions made or
delivered by an individual or committee in excess of $300 in an
election year for the office sought and $100 in other years;
except that a candidate for an office whose territory has a
population over 100,000 may not accept aggregate contributions
made or delivered by an individual or committee in excess of
$500 in an election year for the office sought and $100 in other
years.
Sec. 47. [211A.13] [PROHIBITED TRANSFERS.]
A candidate for political subdivision office must not
accept contributions from the principal campaign committee of a
candidate as defined in section 10A.01, subdivision 5. A
candidate for political subdivision office must not make
contributions to a principal campaign committee, unless the
contribution is made from the personal funds of the candidate
for political subdivision office.
Sec. 48. Minnesota Statutes 1992, section 211B.12, is
amended to read:
211B.12 [LEGAL EXPENDITURES.]
Use of funds money collected for political purposes is
prohibited unless the use is reasonably related to the conduct
of election campaigns, or is a noncampaign disbursement as
defined in section 10A.01, subdivision 10c. The following are
permitted expenditures when made for political purposes:
(1) salaries, wages, and fees;
(2) communications, mailing, transportation, and travel;
(3) campaign advertising;
(4) printing;
(5) office and other space and necessary equipment,
furnishings, and incidental supplies;
(6) charitable contributions of not more than $100 $50 to
any charity annually; and
(7) other expenses, not included in clauses (1) to (6),
that are reasonably related to the conduct of election campaigns.
In addition, expenditures made for the purpose of providing
information to constituents, whether or not related to the
conduct of an election, are permitted expenses. Money collected
for political purposes and assets of a political committee or
political fund may not be converted to personal use.
Sec. 49. Minnesota Statutes 1992, section 211B.15, is
amended to read:
211B.15 [CORPORATE OR LIMITED LIABILITY POLITICAL
CONTRIBUTIONS.]
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the following terms have the meanings given them.
(b) "corporation" means:
(1) a corporation organized for profit that does business
in Minnesota. this state;
(2) a nonprofit corporation that carries out activities in
this state; or
(c) "Limited liability company" means (3) a limited
liability company formed under chapter 322B, or under similar
laws of another state, that does business in Minnesota this
state.
Subd. 2. [PROHIBITED CONTRIBUTIONS.] A corporation or
limited liability company may not make a contribution or offer
or agree to make a contribution, directly or indirectly, of any
money, property, free service of its officers, or employees, or
members, or thing of monetary value to a major political party,
organization, committee, or individual to promote or defeat the
candidacy of an individual for nomination, election, or
appointment to a political office. For the purpose of this
subdivision, "contribution" includes an expenditure to promote
or defeat the election or nomination of a candidate to a
political office that is made with the authorization or
expressed or implied consent of, or in cooperation or in concert
with, or at the request or suggestion of, a candidate or
committee established to support or oppose a candidate.
Subd. 3. [INDEPENDENT EXPENDITURES.] A corporation or
limited liability company may not make an independent
expenditure or offer or agree to make an independent expenditure
to promote or defeat the candidacy of an individual for
nomination, election, or appointment to a political office. For
the purpose of this subdivision, "independent expenditure" means
an expenditure that is not made with the authorization or
expressed or implied consent of, or in cooperation or concert
with, or at the request or suggestion of, a candidate or
committee established to support or oppose a candidate.
Subd. 4. [BALLOT QUESTION.] A corporation or limited
liability company may make contributions or expenditures to
promote or defeat a ballot question, to qualify a question for
placement on the ballot unless otherwise prohibited by law, or
to express its views on issues of public concern. A corporation
or limited liability company may not make a contribution to a
candidate for nomination, election, or appointment to a
political office or to a committee organized wholly or partly to
promote or defeat a candidate.
Subd. 5. [NEWS MEDIA.] This section does not prohibit
publication or broadcasting of news items or editorial comments
by the news media.
Subd. 6. [PENALTY FOR INDIVIDUALS.] An officer, manager,
stockholder, member, agent, employee, attorney, or other
representative of a corporation or limited liability company
acting in behalf of the corporation or limited liability company
who violates this section may be fined not more than $20,000 or
be imprisoned for not more than five years, or both.
Subd. 7. [PENALTY FOR CORPORATIONS OR LIMITED LIABILITY
COMPANIES.] A corporation or limited liability company convicted
of violating this section is subject to a fine not greater than
$40,000. A convicted domestic corporation or limited liability
company may be dissolved as well as fined. If a foreign or
nonresident corporation or limited liability company is
convicted, in addition to being fined, its right to do business
in this state may be declared forfeited.
Subd. 8. [PERMITTED ACTIVITY; POLITICAL PARTY.] It is not
a violation of this section for a political party, as defined in
section 200.02, subdivision 7, to form a nonprofit corporation
for the sole purpose of holding real property to be used
exclusively as the party's headquarters.
Subd. 9. [MEDIA PROJECTS.] It is not a violation of this
section for a corporation or limited liability company to
contribute to or conduct public media projects to encourage
individuals to attend precinct caucuses, register, or vote if
the projects are not controlled by or operated for the advantage
of a candidate, political party, or committee.
Subd. 10. [MEETING FACILITIES.] It is not a violation of
this section for a corporation or limited liability company to
provide meeting facilities to a committee, political party, or
candidate on a nondiscriminatory and nonpreferential basis.
Subd. 11. [MESSAGES ON PREMISES.] It is not a violation of
this section for a corporation or limited liability company
selling products or services to the public to post on its public
premises messages that promote participation in precinct
caucuses, voter registration, or elections if the messages are
not controlled by or operated for the advantage of a candidate,
political party, or committee.
Subd. 12. [REPORTS REQUIRED.] The total amount of an
expenditure or contribution for any one project permitted by
subdivisions 9 and 11 that is more than $200, together with the
date, purpose, and the names and addresses of the persons
receiving the contribution or expenditures, must be reported to
the secretary of state. The reports must be filed on forms
provided by the secretary of state on the dates required for
committees under section 211A.02. Failure to file is a
misdemeanor.
Subd. 13. [AIDING VIOLATION; PENALTY.] An individual who
aids, abets, or advises a violation of this section is guilty of
a gross misdemeanor.
Subd. 14. [PROSECUTIONS; VENUE.] Violations of this
section may be prosecuted in the county where the payment or
contribution was made, where services were rendered, or where
money was paid or distributed.
Subd. 15. [NONPROFIT CORPORATION EXEMPTION.] The
prohibitions in this section do not apply to a nonprofit
corporation that:
(1) cannot engage in business activities;
(2) has no shareholders or other persons affiliated so as
to have a claim on its assets or earnings; and
(3) was not established by a business corporation or a
labor union and has a policy not to accept significant
contributions from those entities.
Subd. 16. [EMPLOYEE POLITICAL FUND SOLICITATION.] Any
solicitation of political contributions by an employee must be
in writing, informational and nonpartisan in nature, and not
promotional for any particular candidate or group of
candidates. The solicitation must consist only of a general
request on behalf of an independent political committee (conduit
fund) and must state that there is no minimum contribution, that
a contribution or lack thereof will in no way impact the
employee's employment, that the employee must direct the
contribution to candidates of the employee's choice, and that
any response by the employee shall remain confidential and shall
not be directed to the employee's supervisors or managers.
Questions from an employee regarding a solicitation may be
answered orally or in writing consistent with the above
requirements. Nothing in this subdivision authorizes a
corporate donation of an employee's time prohibited under
subdivision 2.
Sec. 50. Minnesota Statutes 1992, section 290.06,
subdivision 23, is amended to read:
Subd. 23. [REFUND OF CONTRIBUTIONS TO POLITICAL PARTIES
AND CANDIDATES.] (a) A taxpayer may claim a refund equal to the
amount of the taxpayer's contributions made in the calendar year
to candidates and to any political party. The maximum refund
for an individual must not exceed $50 and, for a married couple
filing jointly, must not exceed $100. A refund of 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 refund receipt form issued by the candidate or party
and signed by the candidate, the treasurer of the candidate's
principal campaign committee, or the party chair, after the
contribution was received. The receipt forms must be numbered,
and the data on the receipt that are not public must be made
available to the ethical practices board upon its request. A
claim must be filed with the commissioner not sooner than
January 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 refund is allowed under this subdivision for a
contribution to any candidate unless the candidate:
(1) has signed an agreement to limit campaign expenditures
as provided in section 10A.322 or 10A.43;
(2) is seeking an office for which voluntary spending
limits are specified in section 10A.25 or 10A.43; and
(3) has designated a principal campaign committee.
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
refund.
(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 congressional candidate as defined in
section 10A.41, subdivision 4, or a candidate as defined in
section 10A.01, subdivision 5, except a candidate for judicial
office.
"Contribution" means a gift of money.
(d) 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 refund, the identities of candidates
to whom those individuals have made contributions, and the
amount of each contribution.
(f) The commissioner shall report to the ethical practices
board by August 1 of each year a summary showing the total
number and aggregate amount of political contribution refunds
made on behalf of each candidate and each political party.
These data are public.
(g) The amount necessary to pay claims for the refund
provided in this section is appropriated from the general fund
to the commissioner of revenue.
Sec. 51. [REPEALER.]
Minnesota Statutes 1992, sections 10A.27, subdivision 6;
10A.31, subdivisions 8 and 9; 488A.021, subdivision 3; and
488A.19, subdivision 2, are repealed.
Sec. 52. [TRANSITION.]
Subdivision 1. [ELECTION CYCLE.] Notwithstanding section
1, the first election cycle begins the day following final
enactment of this act and concludes on December 31 following the
next general election for the respective offices listed in
Minnesota Statutes, section 10A.27, subdivision 1, clauses (a)
to (e).
Subd. 2. [CONTRIBUTION LIMITS.] Contributions to a
candidate that were made before the effective date of this act
and were lawful when made need not be refunded, even though they
exceed the new limit on contributions in section 10A.27,
subdivision 1.
Subd. 3. [EXPENDITURE LIMITS.] All spending limit
agreements filed with the ethical practices board before the
effective date of this act become void September 1, 1993, and
all eligibility for continued public subsidies under Minnesota
Statutes, chapter 10A or 290, is ended on that date. The new
expenditure limits and eligibility for a public subsidy under
this act apply to candidates who sign and file with the ethical
practices board a new spending limit agreement under this act
after its effective date.
Subd. 4. [INFLATION FREEZE.] The expenditure limits in
Minnesota Statutes 1992, section 10A.25, subdivision 2, must not
be adjusted for inflation for the 1994 election year. The
inflation adjustment under Minnesota Statutes 1992, section
10A.255, must resume for the 1996 election year, but omitting
any inflation attributable to the period between December 1991
and December 1993.
Sec. 53. [EFFECTIVE DATE.]
This act is effective the day following final enactment,
except that section 19 is effective December 31, 1993, section
28 is effective June 1, 1993, and sections 46 and 47 are
effective January 1, 1994.
Presented to the governor May 17, 1993
Signed by the governor May 20, 1993, 10:58 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes