Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 277-S.F.No. 1907
An act relating to elections; creating an
administrative remedy for violations of fair campaign
practices in state and local elections; repealing
mandate that county attorney investigate violations of
local election campaign finance reporting and fair
campaign practices; amending Minnesota Statutes 2002,
sections 10A.31, subdivision 4; 201.275; 211A.05,
subdivision 2; 211A.08, by adding a subdivision;
211B.16, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 211B; repealing
Minnesota Statutes 2002, sections 211A.08,
subdivisions 1, 2; 211B.16, subdivisions 1, 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 10A.31,
subdivision 4, is amended to read:
Subd. 4. [APPROPRIATION.] (a) The amounts designated by
individuals for the state elections campaign fund, less three
percent, are appropriated from the general fund, must be
transferred and credited to the appropriate account in the state
elections campaign fund, and are annually appropriated for
distribution as set forth in subdivisions 5, 5a, 6, and 7. The
remaining three percent must be kept in the general fund for
administrative costs.
(b) In addition to the amounts in paragraph (a), $1,500,000
for each general election is appropriated from the general fund
for transfer to the general account of the state elections
campaign fund.
Of this appropriation, $65,000 each fiscal year must be set
aside to pay assessments made by the Office of Administrative
Hearings under section 211B.37. Amounts remaining after all
assessments have been paid must be canceled to the general
account.
Sec. 2. Minnesota Statutes 2002, section 201.275, is
amended to read:
201.275 [INVESTIGATIONS; PROSECUTIONS.]
A county attorney who is notified by affidavit of an
alleged violation of this chapter shall promptly investigate.
If there is probable cause for instituting a prosecution, the
county attorney shall proceed by complaint or present the
charge, with whatever evidence has been found, to the grand
jury. A county attorney who refuses or intentionally fails to
faithfully perform this or any other duty imposed by this
chapter is guilty of a misdemeanor and upon conviction shall
forfeit office. The county attorney, under the penalty of
forfeiture of office, shall prosecute all violations of this
chapter except violations of this section; if, however, a
complainant withdraws an allegation under this chapter, the
county attorney is not required to proceed with the prosecution.
Sec. 3. Minnesota Statutes 2002, section 211A.05,
subdivision 2, is amended to read:
Subd. 2. [NOTICE OF FAILURE TO FILE.] If a candidate or
committee fails to file a report on the date it is due, the
filing officer shall immediately notify the county attorney of
the county where the candidate resides or where the committee
headquarters is located. The county attorney shall then
immediately notify the candidate or committee of the failure to
file. If a report is not filed within ten days after the
notification is mailed, the county attorney filing officer shall
proceed file a complaint under section 211A.08 211B.32.
Sec. 4. Minnesota Statutes 2002, section 211A.08, is
amended by adding a subdivision to read:
Subd. 3. [COUNTY ATTORNEY AUTHORITY.] A county attorney
may prosecute any violation of this chapter.
Sec. 5. Minnesota Statutes 2002, section 211B.16, is
amended by adding a subdivision to read:
Subd. 3. [COUNTY ATTORNEY AUTHORITY.] A county attorney
may prosecute any violation of this chapter.
Sec. 6. [211B.31] [DEFINITION.]
As used in sections 211B.32 to 211B.36, "office" means the
Office of Administrative Hearings.
Sec. 7. [211B.32] [COMPLAINTS OF UNFAIR CAMPAIGN
PRACTICES.]
Subdivision 1. [ADMINISTRATIVE REMEDY; EXHAUSTION.] A
complaint alleging a violation of chapter 211A or 211B must be
filed with the office. The complaint must be finally disposed
of by the office before the alleged violation may be prosecuted
by a county attorney.
Subd. 2. [LIMITATION ON FILING.] The complaint must be
filed with the office within one year after the occurrence of
the act or failure to act that is the subject of the complaint,
except that if the act or failure to act involves fraud,
concealment, or misrepresentation that could not be discovered
during that one-year period, the complaint may be filed with the
office within one year after the fraud, concealment, or
misrepresentation was discovered.
Subd. 3. [FORM OF COMPLAINT.] The complaint must be in
writing, submitted under oath, and detail the factual basis for
the claim that a violation of law has occurred. The office may
prescribe the form of a complaint.
Subd. 4. [PROOF OF CLAIM.] The burden of proving the
allegations in the complaint is on the complainant. The
standard of proof of a violation of section 211B.06, relating to
false statements in paid political advertising or campaign
material, is clear and convincing evidence. The standard of
proof of any other violation of chapter 211A or 211B is a
preponderance of the evidence.
Subd. 5. [FILING FEE; WAIVER; REFUND.] (a) The complaint
must be accompanied by a filing fee of $50, unless filed by a
filing officer under section 211A.05, subdivision 2.
(b) The office may waive the payment of the filing fee, if
the individual seeking a waiver of the fee files with the office
an affidavit stating that the individual is financially unable
to pay the fee.
(c) The office may refund the filing fee of a complainant
who prevails on the merits.
Subd. 6. [SERVICE ON RESPONDENT.] Upon receipt of the
filed complaint, the office must immediately notify the
respondent and provide the respondent with a copy of the
complaint by the most expeditious means available.
Sec. 8. [211B.33] [PRIMA FACIE REVIEW.]
Subdivision 1. [TIME FOR REVIEW.] The chief administrative
law judge must randomly assign an administrative law judge to
review the complaint. Within one business day after the
complaint was filed with the office, when practicable, but never
longer than three business days, the administrative law judge
must make a preliminary determination for its disposition.
Subd. 2. [RECOMMENDATION.] (a) If the administrative law
judge determines that the complaint does not set forth a prima
facie violation of chapter 211A or 211B, the administrative law
judge must dismiss the complaint.
(b) If the administrative law judge determines that the
complaint sets forth a prima facie violation of section 211B.06
and was filed within 60 days before the primary or special
election or within 90 days before the general election to which
the complaint relates, the administrative law judge must conduct
an expedited probable cause hearing under section 211B.34.
(c) If the administrative law judge determines that the
complaint sets forth a prima facie violation of a provision of
chapter 211A or 211B, other than section 211B.06, and that the
complaint was filed within 60 days before the primary or special
election or within 90 days before the general election to which
the complaint relates, the administrative law judge, on request
of any party, must conduct an expedited probable cause hearing
under section 211B.34.
(d) If the administrative law judge determines that the
complaint sets forth a prima facie violation of chapter 211A or
211B, and was filed more than 60 days before the primary or
special election or more than 90 days before the general
election to which the complaint relates, the administrative law
judge must schedule an evidentiary hearing under section 211B.35.
Subd. 3. [NOTICE TO PARTIES.] The office must notify all
parties of the determination made under subdivision 2. If the
complaint is scheduled for hearing, the notice must identify the
time and place of the hearing and inform all parties that they
may submit evidence, affidavits, documentation, and argument for
consideration by the administrative law judge.
Subd. 4. [JOINDER AND SEPARATION OF COMPLAINTS.] The chief
administrative law judge may direct that two or more complaints
be joined for disposition if the chief administrative law judge
determines that the allegations in each complaint are of the
same or similar character, are based on the same act or failure
to act, or are based on two or more acts or failures to act
constituting parts of a common scheme or plan. If one complaint
contains two or more allegations, the chief administrative law
judge may separate the allegations, if they are not of the same
or similar character, if they are not based on the same act or
failure to act, or if they are not based on two or more acts or
failures to act constituting parts of a common scheme or plan.
If the chief administrative law judge separates the allegations
in a complaint, the assigned administrative law judge or judges
may make separate recommendations under subdivision 2 for each
allegation.
Sec. 9. [211B.34] [PROBABLE CAUSE HEARING.]
Subdivision 1. [TIME FOR REVIEW.] The assigned
administrative law judge must hold a probable cause hearing on
the complaint no later than three business days after receiving
the assignment if an expedited hearing is required by section
211B.33, except that for good cause the administrative law judge
may hold the hearing no later than seven days after receiving
the assignment. If an expedited hearing is not required by
section 211B.33, the administrative law judge must hold the
hearing not later than 30 days after receiving the assignment.
Subd. 2. [DISPOSITION.] At the probable cause hearing, the
administrative law judge must make one of the following
determinations:
(a) The complaint is frivolous, or there is no probable
cause to believe that the violation of law alleged in the
complaint has occurred. If the administrative law judge makes
either determination, the administrative law judge must dismiss
the complaint.
(b) There is probable cause to believe that the violation
of law alleged in the complaint has occurred. If the
administrative law judge so determines, the chief administrative
law judge must schedule the complaint for an evidentiary hearing
under section 211B.35.
Subd. 3. [RECONSIDERATION BY CHIEF ADMINISTRATIVE LAW
JUDGE.] (a) If the administrative law judge dismisses the
complaint, the administrative law judge shall provide to the
complainant written notice of the right to seek reconsideration
of the decision on the record by the chief administrative law
judge.
(b) A petition for reconsideration must be filed within two
business days after the dismissal. The chief administrative law
judge must make a decision on the petition within three business
days after receiving the petition. If the chief administrative
law judge determines that the assigned administrative law judge
made a clear error of law and grants the petition, within five
business days after granting the petition, the chief
administrative law judge shall schedule the complaint for an
evidentiary hearing under section 211B.35.
Sec. 10. [211B.35] [EVIDENTIARY HEARING BY PANEL.]
Subdivision 1. [DEADLINE FOR HEARING.] When required by
section 211B.34, subdivision 2 or 3, the chief administrative
law judge must assign the complaint to a panel of three
administrative law judges for an evidentiary hearing. The
hearing must be held within the following times:
(1) ten days after the complaint was assigned, if an
expedited probable cause hearing was requested or required under
section 211B.33;
(2) 30 days after the complaint was filed, if it was filed
within 60 days before the primary or special election or within
90 days before the general election to which the complaint
relates; or
(3) 90 days after the complaint was filed, if it was filed
at any other time.
For good cause shown, the panel may extend the deadline set
forth in clause (2) or (3) by 60 days.
Subd. 2. [DISPOSITION OF COMPLAINT.] The panel must
determine whether the violation alleged in the complaint
occurred and must make at least one of the following
dispositions:
(a) The panel may dismiss the complaint.
(b) The panel may issue a reprimand.
(c) The panel may find that a statement made in a paid
advertisement or campaign material violated section 211B.06.
(d) The panel may impose a civil penalty of up to $5,000
for any violation of chapter 211A or 211B.
(e) The panel may refer the complaint to the appropriate
county attorney.
Subd. 3. [TIME FOR DISPOSITION.] The panel must dispose of
the complaint:
(1) within three days after the hearing record closes, if
an expedited probable cause hearing was required by section
211B.33; and
(2) within 14 days after the hearing record closes, if an
expedited probable cause hearing was not required by section
211B.33.
Sec. 11. [211B.36] [PROCEDURES.]
Subdivision 1. [EVIDENCE AND ARGUMENT.] The administrative
law judge or panel may consider any evidence and argument
submitted until a hearing record is closed, including affidavits
and documentation, or may continue a hearing to enable the
parties to submit additional testimony.
Subd. 2. [WITHDRAWAL OF COMPLAINT.] At any time before an
evidentiary hearing under section 211B.35 begins, a complainant
may withdraw a complaint filed under section 211B.32. After the
evidentiary hearing begins, a complaint filed under section
211B.32 may only be withdrawn with the permission of the panel.
Subd. 3. [COSTS.] If the assigned administrative law judge
or panel determines the complaint is frivolous, they may order
the complainant to pay the respondent's reasonable attorney fees
and to pay the costs of the office in the proceeding in which
the complaint was dismissed.
Subd. 4. [HEARINGS PUBLIC.] A hearing under section
211B.34 or 211B.35 may be conducted by conference telephone call
or by interactive television. All hearings must be open to the
public.
Subd. 5. [JUDICIAL REVIEW.] A party aggrieved by a final
decision on a complaint filed under section 211B.32 is entitled
to judicial review of the decision as provided in sections 14.63
to 14.69; however, proceedings on a complaint filed under
section 211B.32 are not a contested case within the meaning of
chapter 14 and are not otherwise governed by chapter 14.
Sec. 12. [211B.37] [COSTS ASSESSED.]
Except as otherwise provided in section 211B.36,
subdivision 3, the chief administrative law judge shall assess
the cost of considering complaints filed under section 211B.32
as provided in this section. Costs of complaints relating to a
statewide ballot question or an election for a statewide or
legislative office must be assessed against the appropriation
from the general fund to the general account of the state
elections campaign fund in section 10A.31, subdivision 4. Costs
of complaints relating to any other ballot question or elective
office must be assessed against the county or counties in which
the election is held. Where the election is held in more than
one county, the chief administrative law judge shall apportion
the assessment among the counties in proportion to their
respective populations within the election district to which the
complaint relates according to the most recent decennial federal
census.
Sec. 13. [REPEALER.]
Minnesota Statutes 2002, sections 211A.08, subdivisions 1
and 2; and 211B.16, subdivisions 1 and 2, are repealed.
Sec. 14. [EFFECTIVE DATE.]
This act is effective July 1, 2004, and applies to
violations committed on or after that date.
Presented to the governor May 18, 2004
Signed by the governor May 28, 2004, 7:15 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes