Key: (1) language to be deleted (2) new language
An act
relating to elections; exempting lobbying activities related to a ballot question from campaign finance reporting requirements; changing a definition and certain exceptions; requiring preelection reports of certain political committees and political funds; changing preelection reporting requirements for contributions to candidates; advancing deadline to file affidavit of contributions; requiring captioning of certain campaign advertisements; providing for delivery of absentee ballots to an agent of certain persons and return of ballots by the agent; permitting appointment of election judges not affiliated with a major political party; eliminating an approval requirement for mail elections; increasing the maximum time to conduct certain special elections; modifying recount of special primary or special election; changing certain school district election provisions; authorizing certain school board primary elections; shortening time to complete postelection review of electronic voting system results; changing a prohibition on certain expenditures; authorizing use of certain voter registration application forms;
amending Minnesota Statutes 2006, sections 10A.01, subdivisions 7, 26; 10A.071, subdivision 3; 10A.14, subdivision 1; 10A.20, subdivision 5; 10A.322, subdivision 1; 10A.323; 203B.06, subdivision 3; 203B.11, subdivision 4; 204B.21, subdivisions 1, 2; 204B.46; 204D.19, subdivision 2; 204D.23, subdivision 2; 204D.27, by adding a subdivision; 205.075, by adding a subdivision; 205A.03, subdivision 1; 205A.06, subdivision 1a; 205A.10, subdivision 2; 205A.12, by adding a subdivision; 206.89, subdivision 5; 211B.12; proposing coding for new law in Minnesota Statutes, chapter 10A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
"Ballot question" means a question or proposition that is placed on the ballot and that may be voted on by all voters of the state. "Promoting or defeating a ballot question" includes activitiesnew text begin , other than lobbying activities,new text end related to qualifying the question for placement on the ballot.
new text begin This section is effective retroactively from January 1, 2008. new text end
"Noncampaign disbursement" means a purchase or payment of money or anything of value made, or an advance of credit incurred, or a donation in kind received, by a principal campaign committee for any of the following purposes:
(1) payment for accounting and legal services;
(2) return of a contribution to the source;
(3) repayment of a loan made to the principal campaign committee by that committee;
(4) return of a public subsidy;
(5) payment for food, beverages, entertainment, and facility rental for a fund-raising event;
(6) services for a constituent by a member of the legislature or a constitutional officer in the executive branch, including the costs of preparing and distributing a suggestion or idea solicitation to constituents, performed from the beginning of the term of office to adjournment sine die of the legislature in the election year for the office held, and half the cost of services for a constituent by a member of the legislature or a constitutional officer in the executive branch performed from adjournment sine die to 60 days after adjournment sine die;
(7) payment for food and beverages consumed by a candidate or volunteers while they are engaged in campaign activities;
(8) payment for food or a beverage consumed while attending a reception or meeting directly related to legislative duties;
(9) payment of expenses incurred by elected or appointed leaders of a legislative caucus in carrying out their leadership responsibilities;
(10) payment by a principal campaign committee of the candidate's expenses for serving in public office, other than for personal uses;
(11) costs of child care for the candidate's children when campaigning;
(12) fees paid to attend a campaign school;
(13) costs of a postelection party during the election year when a candidate's name will no longer appear on a ballot or the general election is concluded, whichever occurs first;
(14) interest on loans paid by a principal campaign committee on outstanding loans;
(15) filing fees;
(16) post-general election thank-you notes or advertisements in the news media;
(17) the cost of campaign material purchased to replace defective campaign material, if the defective material is destroyed without being used;
(18) contributions to a party unit;
(19) payments for funeral gifts or memorials;
(20) the cost of a magnet less than six inches in diameter containing legislator contact information and distributed to constituents; deleted text begin anddeleted text end
(21) new text begin costs associated with a candidate attending a political party state or national convention in this state; and new text end
new text begin (22) new text end 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 must determine whether an activity involves a noncampaign disbursement within the meaning of this subdivision.
A noncampaign disbursement is considered to be made in the year in which the candidate made the purchase of goods or services or incurred an obligation to pay for goods or services.
(a) The prohibitions in this section do not apply if the gift is:
(1) a contribution as defined in section 10A.01, subdivision 11;
(2) services to assist an official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in connection with legislation, and services to constituents;
(3) services of insignificant monetary value;
(4) a plaque deleted text begin or similar memento recognizing individual services in a field of specialty or to a charitable causedeleted text end new text begin with a resale value of $5 or lessnew text end ;
(5) a trinket or memento costing $5 or less;
(6) informational material of unexceptional value; or
(7) food or a beverage given at a reception, meal, or meeting away from the recipient's place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program.
(b) The prohibitions in this section do not apply if the gift is given:
(1) because of the recipient's membership in a group, a majority of whose members are not officials, and an equivalent gift is given to the other members of the group; or
(2) by a lobbyist or principal who is a member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family.
The treasurer of a political committee, political fund, principal campaign committee, or party unit must register with the board by filing a statement of organization no later than 14 days after the committee, fund, or party unit has made a contribution, received contributions, or made expenditures in excess of $100new text begin , or by the end of the next business day after it has received a loan or contribution that must be reported under section 10A.20, subdivision 5, whichever is earliernew text end .
new text begin This section is effective July 1, 2008, and applies to contributions made on or after that date. new text end
new text begin Any loan, contribution, or contributions to a political committee or political fund from any one source totaling $1,000 or more, or new text end in a statewide election new text begin for judicial office, new text end any loan, contribution, or contributions from any one source totaling $2,000 or more, or in any judicial district deleted text begin or legislative electiondeleted text end totaling deleted text begin more thandeleted text end $400new text begin or morenew text end , new text begin and any loan, contribution, or contributions to a candidate for constitutional office or for the legislature from any one source totaling 80 percent or more of the contribution limit for the office, new text end received between the last day covered in the last report before an election and the election must be reported to the board in one of the following ways:
(1) in person deleted text begin within 48 hoursdeleted text end new text begin by the end of the next business daynew text end after its receipt;new text begin ornew text end
(2) deleted text begin by telegram or mailgram within 48 hours after its receipt;deleted text end
deleted text begin (3) by certified mail sent within 48 hours after its receipt; or deleted text end
deleted text begin (4)deleted text end by electronic means sent within deleted text begin 48deleted text end new text begin 24new text end hours after its receipt.
These loans and contributions must also be reported in the next required report.
deleted text begin The 48-hourdeleted text end new text begin Thisnew text end notice requirement does not apply with respect to a primary in which the statewide or legislative candidate is unopposed.
new text begin The board must post the report on its Web site by the end of the next business day after it is received. new text end
(a) As a condition of receiving a public subsidy, a candidate must sign and file with the board a written agreement in which the candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision 10; 10A.31, subdivision 7, paragraph (c); deleted text begin anddeleted text end 10A.324new text begin ; and 10A.38new text end .
(b) Before the first day of filing for office, the board must forward agreement forms to all filing officers. The board must also provide agreement forms to candidates on request at any time. The candidate must file the agreement with the board by September 1 preceding the candidate's general election or a special election held at the general election. An agreement may not be filed after that date. An agreement once filed may not be rescinded.
(c) The board must notify the commissioner of revenue of any agreement signed under this subdivision.
(d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means of a special election and the filing period does not coincide with the filing period for the general election, a candidate may sign and submit a spending limit agreement not later than the day after the candidate files the affidavit of candidacy or nominating petition for the office.
In addition to the requirements of section 10A.322, to be eligible to receive a public subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit with the board stating that during that calendar year the candidate has accumulated contributions from persons eligible to vote in this state in at least the amount indicated for the office sought, counting only the first $50 received from each contributor:
(1) candidates for governor and lieutenant governor running together, $35,000;
(2) candidates for attorney general, $15,000;
(3) candidates for secretary of state and state auditor, separately, $6,000;
(4) candidates for the senate, $3,000; and
(5) candidates for the house of representatives, $1,500.
The affidavit must state the total amount of contributions that have been received from persons eligible to vote in this state, disregarding the portion of any contribution in excess of $50.
The candidate or the candidate's treasurer must submit the affidavit required by this section to the board in writing by deleted text begin September 1 of the general election yeardeleted text end new text begin the cutoff date for reporting of receipts and expenditures before a primary under section 10A.20, subdivision 4new text end .
A candidate for a vacancy to be filled at a special election for which the filing period does not coincide with the filing period for the general election must submit the affidavit required by this section to the board within five days after filing the affidavit of candidacy.
new text begin (a) This section applies to a campaign advertisement by a candidate who is governed by an agreement under section 10A.322. new text end
new text begin (b) "Campaign advertisement" means a professionally produced visual or audio recording of two minutes or less produced by the candidate for the purpose of influencing the nomination or election of a candidate. new text end
new text begin (c) A campaign advertisement that is disseminated as an advertisement by broadcast or cable television must include closed captioning for deaf and hard-of-hearing viewers, unless the candidate has filed with the board before the advertisement is disseminated a statement setting forth the reasons for not doing so. A campaign advertisement that is disseminated as an advertisement to the public on the candidate's Web site must include closed captioning for deaf and hard-of-hearing viewers, unless the candidate has posted on the Web site a transcript of the spoken content of the advertisement or the candidate has filed with the board before the advertisement is disseminated a statement setting forth the reasons for not doing so. A campaign advertisement must not be disseminated as an advertisement by radio unless the candidate has posted on the candidate's Web site a transcript of the spoken content of the advertisement or the candidate has filed with the board before the advertisement is disseminated a statement setting forth the reasons for not doing so. new text end
(a) If an application for absentee ballots is accepted at a time when absentee ballots are not yet available for distribution, the county auditor, or municipal clerk accepting the application shall file it and as soon as absentee ballots are available for distribution shall mail them to the address specified in the application. If an application for absentee ballots is accepted when absentee ballots are available for distribution, the county auditor or municipal clerk accepting the application shall promptly:
(1) mail the ballots to the voter whose signature appears on the application if the application is submitted by mail and does not request commercial shipping under clause (2);
(2) ship the ballots to the voter using a commercial shipper requested by the voter at the voter's expense;
(3) deliver the absentee ballots directly to the voter if the application is submitted in person; or
(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has been designated to bring the ballotsnew text begin , as provided in section 203B.11, subdivision 4,new text end to a voter new text begin who would have difficulty getting to the polls because of incapacitating health reasons, or who is disabled, or new text end who is a patient in a health care facility, deleted text begin as provided in section 203B.11, subdivision 4,deleted text end new text begin a resident of a facility providing assisted living services governed by chapter 144G, new text end a participant in a residential program for adults licensed under section 245A.02, subdivision 14, or a resident of a shelter for battered women as defined in section 611A.37, subdivision 4.
(b) If an application does not indicate the election for which absentee ballots are sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the next election occurring after receipt of the application. Only one set of ballots may be mailed, shipped, or delivered to an applicant for any election, except as provided in section 203B.13, subdivision 2, or when a replacement ballot has been requested by the voter for a ballot that has been spoiled or lost in transit.
new text begin This section is effective for elections held on or after June 1, 2008. new text end
During the deleted text begin fourdeleted text end new text begin sevennew text end days preceding an election and until 2:00 p.m. on election day, an eligible voter new text begin who would have difficulty getting to the polls because of incapacitating health reasons, or who is disabled, or new text end who is a patient of a health care facility, new text begin a resident of a facility providing assisted living services governed by chapter 144G, new text end a participant in a residential program for adults licensed under section 245A.02, subdivision 14, or a resident of a shelter for battered women as defined in section 611A.37, subdivision 4, may designate an agent to deliver the ballots to the voter from the county auditor or municipal clerk. new text begin An agent must have a preexisting relationship with the voter. new text end A candidate at the election may not be designated as an agent. The voted ballots must be returned to the county auditor or municipal clerk no later than 3:00 p.m. on election day. The voter must complete an affidavit requesting the auditor or clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit must include a statement from the voter stating that the ballots were delivered to the voter by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more than three persons in any election. The secretary of state shall provide samples of the affidavit and transmission envelope for use by the county auditors.
new text begin This section is effective for elections held on or after June 1, 2008. new text end
On deleted text begin Julydeleted text end new text begin Junenew text end 1 in a year in which there is an election for a partisan political office, the county or legislative district chairs of each major political party, whichever is designated by the state party, shall prepare a list of eligible voters to act as election judges in each election precinct in the county or legislative district. The chairs shall furnish the lists to the county auditor of the county in which the precinct is located.
By deleted text begin Julydeleted text end new text begin Junenew text end 15, the county auditor shall furnish to the appointing authorities a list of the appropriate names for each election precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted by the county auditor for each major political party.
Election judges for precincts in a municipality shall be appointed by the governing body of the municipality. Election judges for precincts in unorganized territory and for performing election-related duties assigned by the county auditor shall be appointed by the county board. Election judges for a precinct composed of two or more municipalities must be appointed by the governing body of the municipality or municipalities responsible for appointing election judges as provided in the agreement to combine for election purposes. new text begin Except as otherwise provided in this section, new text end appointments shall be made from lists furnished pursuant to subdivision 1 subject to the eligibility requirements and other qualifications established or authorized under section 204B.19. new text begin At least two election judges in each precinct must be affiliated with different major political parties. new text end If no lists have been furnished or if additional election judges are required after all listed names have been exhausted, the appointing authority may appoint deleted text begin anydeleted text end other deleted text begin individual to serve as an election judge subject to the same requirements and qualificationsdeleted text end new text begin individuals who meet the qualifications to serve as an election judge, including persons who are not affiliated with a major political partynew text end . The appointments shall be made at least 25 days before the election at which the election judges will serve.
A county, municipality, or school district submitting questions to the voters at a special election may deleted text begin apply to the county auditor for approval ofdeleted text end new text begin conduct new text end an election by mail with no polling place other than the office of the auditor or clerk. No more than two questions may be submitted at a mail election and no offices may be voted on. Notice of the election deleted text begin anddeleted text end new text begin must be given to the county auditor at least 53 days prior to the election. This notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000. new text end The special mail deleted text begin proceduredeleted text end new text begin ballot procedures new text end must be deleted text begin givendeleted text end new text begin posted new text end at least six weeks prior to the election. No earlier than 20 or later than 14 days prior to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters registered in the county, municipality, or school district. Eligible voters not registered at the time the ballots are mailed may apply for ballots pursuant to chapter 203B.
Except for vacancies in the legislature which occur at any time between the last day of session in an odd-numbered year and the deleted text begin 33rddeleted text end new text begin 40thnew text end day prior to the opening day of session in the succeeding even-numbered year, when a vacancy occurs and the Congress or legislature will be in session so that the individual elected as provided by this section could take office and exercise the duties of the office immediately upon election, the governor shall issue within five days after the vacancy occurs a writ calling for a special election. The special election shall be held as soon as possible, consistent with the notice requirements of section 204D.22, subdivision 3, but in no event more than deleted text begin 28deleted text end new text begin 35new text end days after the issuance of the writ.
new text begin This section is effective the day following final enactment. new text end
Except as provided in subdivision 3, the affidavits and petitions shall be filed no later than deleted text begin the seventh daydeleted text end new text begin 14 daysnew text end before the special primary.
new text begin This section is effective the day following final enactment. new text end
new text begin In a special primary or special election, the provisions of section 204C.35 apply, except that the secretary of state may immediately proceed to recount the votes upon review of the certified reports of the county canvassing boards if it is apparent from the review that a recount is required. new text end
new text begin This section is effective the day following final enactment. new text end
new text begin The provisions of sections 204B.19, subdivision 5; 204B.21, subdivision 2; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party balance in the appointment of judges and to duties to be performed by judges of different major political parties do not apply to a town election not held in conjunction with a statewide election. new text end
deleted text begin Indeleted text end new text begin The school board of new text end a school district deleted text begin election,deleted text end new text begin may, by resolution adopted by June 1 of any year, decide to choose nominees for school board by a primary as provided in this section. The resolution, when adopted, is effective for all ensuing elections of board members in that school district until it is revoked. If the board decides to choose nominees by primary and new text end if there are more than two candidates for a specified school board position or more than twice as many school board candidates as there are at-large school board positions available, deleted text begin adeleted text end new text begin the new text end school district must hold a primary.
new text begin This section is effective the day following final enactment. new text end
new text begin In school districts that have adopted a resolution to choose nominees for school board by a primary election, new text end affidavits of candidacy must be filed with the school district clerk no earlier than the 70th day and no later than the 56th day before the first Tuesday after the second Monday in September in the year when the school district general election is held.new text begin In all other school districts, affidavits of candidacy must be filed no earlier than the 70th day and no later than the 56th day before the school district general election.new text end
A school district election must be by secret ballot and must be held and the returns made in the manner provided for the state general election, as far as practicable. The vote totals from an absentee ballot board established pursuant to section 203B.13 may be tabulated and reported by the school district as a whole rather than by precinct. For school district elections not held in conjunction with a statewide election, the school board shall appoint election judges as provided in section 204B.21, subdivision 2. The provisions of sections 204B.19, subdivision 5;new text begin 204B.21, subdivision 2;new text end 204C.15; 204C.19; deleted text begin 206.64, subdivision 2;deleted text end 206.83; and 206.86, subdivision 2, relating to party balance in appointment of judges and to duties to be performed by judges of different major political parties do not apply to school district elections not held in conjunction with a statewide election.
new text begin The school board of a school district may provide for the use by the district of an electronic voting system in one or more polling places or combined polling places in the school district for an election not held in conjunction with a statewide election. No system may be adopted or used unless it has been approved by the secretary of state pursuant to section 206.57. The school district shall notify the secretary of state of its decision in compliance with section 206.58, subdivision 4. new text end
(a) If the postelection review reveals a difference greater than one-half of one percent, the postelection review official must, within two days, conduct an additional review of at least three precincts in the same jurisdiction where the discrepancy was discovered. If all precincts in that jurisdiction have been reviewed, the county auditor must immediately publicly select by lot at least three additional precincts for review. The postelection review official must complete the additional review within two days after the precincts are selected and report the results immediately to the county auditor. If the second review also indicates a difference in the vote totals compiled by the voting system that is greater than one-half of one percent from the result indicated by the postelection review, the county auditor must conduct a review of the ballots from all the remaining precincts in the county. This review must be completed deleted text begin no later than six weeks after the state general electiondeleted text end new text begin and the results must be reported to the secretary of state within one week after the second review was completednew text end .
(b) If the results from the countywide reviews from one or more counties comprising in the aggregate more than ten percent of the total number of persons voting in the election clearly indicate that an error in vote counting has occurred, thenew text begin secretary of state must notify thenew text end postelection review official new text begin of each county in the district that they new text end must conduct deleted text begin adeleted text end manual deleted text begin recountdeleted text end new text begin recountsnew text end of all the ballots in the district for the affected officenew text begin using the procedure outlined in section 204C.35new text end . The recount must be completed and the results reported to the appropriate canvassing board deleted text begin no later than ten weeks after the state general electiondeleted text end new text begin within two weeks after the postelection review official received notice from the secretary of statenew text end .
Use of money collected for political purposes is prohibited unless the use is reasonably related to the conduct of election campaigns, or is a noncampaign disbursement as defined in section 10A.01, subdivision 26. The following are permitted expenditures when made for political purposes:
(1) salaries, wages, and fees;
(2) communications, mailing, transportation, and travel;
(3) campaign advertising;
(4) printing;
(5) office and other space and necessary equipment, furnishings, and incidental supplies;
(6) charitable contributions of not more than deleted text begin $50deleted text end new text begin $100new text end to any charity new text begin organized under section 501(c)(3) of the Internal Revenue Code new text end annuallynew text begin , except that the amount contributed by a principal campaign committee that dissolves within one year after the contribution is made is not limited by this clausenew text end ; 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.
new text begin This section is effective the day following final enactment. new text end
new text begin Voter registration applications in existence on July 31, 2007, may be distributed, completed, submitted, and processed until consumed, without alteration. new text end
new text begin This section is effective retroactively from August 1, 2007. new text end
new text begin Except as otherwise provided, this act is effective June 1, 2008. new text end
Presented to the governor May 8, 2008
Signed by the governor May 12, 2008, 1:20 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes