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

CHAPTER 309--H.F.No. 2531

An act

relating to campaign finance; modifying duties of board; requiring rulemaking; authorizing online electronic records systems; authorizing the board to request reconciliation information; authorizing penalties; modifying certain definitions and fee amounts; modifying certain reporting and filing requirements; making various technical and clarifying changes; providing data classifications; modifying statements of economic interest;

amending Minnesota Statutes 2012, sections 10A.01, subdivision 5, by adding a subdivision; 10A.02, subdivisions 5, 8, 11a, by adding a subdivision; 10A.025, by adding a subdivision; 10A.09, subdivisions 1, 5, by adding subdivisions; 10A.12, subdivision 5; 10A.255, subdivision 3; 10A.28, subdivision 4; 13.607, subdivisions 5, 5a; 211A.02, subdivision 2; Minnesota Statutes 2013 Supplement, sections 10A.01, subdivision 10; 10A.02, subdivisions 10, 11, 15; 10A.025, subdivision 4; 10A.20, subdivisions 2, 5; repealing Minnesota Statutes 2012, section 10A.09, subdivision 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 10A.01, subdivision 5, is amended to read:

Subd. 5.

Associated business.

"Associated business" means an association, corporation, partnership, limited liability company, limited liability partnership, or other organized legal entity from which the individual receives compensation in excess of $50, except for actual and reasonable expenses, in any month as a director, officer, owner, member, partner, employer or employee, or whose securities the individual holds worth new text begin more than new text end $2,500 deleted text begin or moredeleted text end at fair market value.

Sec. 2.

Minnesota Statutes 2013 Supplement, section 10A.01, subdivision 10, is amended to read:

Subd. 10.

Candidate.

"Candidate" means an individual who seeks nomination or election as a state constitutional officer, legislator, or judge. An individual is deemed to seek nomination or election if the individual has taken the action necessary under the law of this state to qualify for nomination or election, has received contributions or made expenditures in excess of deleted text begin $100deleted text end new text begin $750new text end , or has given implicit or explicit consent for any other person to receive contributions or make expenditures in excess of deleted text begin $100deleted text end new text begin $750new text end , for the purpose of bringing about the individual's nomination or election. A candidate remains a candidate until the candidate's principal campaign committee is dissolved as provided in section 10A.243.

Sec. 3.

Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision to read:

new text begin Subd. 32a. new text end

new text begin Prima facie determination. new text end

new text begin A prima facie determination is a determination that a complaint filed under section 10A.02, subdivision 11, is sufficient to allege a violation of this chapter or of those sections of chapter 211B listed in section 10A.02, subdivision 11. new text end

Sec. 4.

Minnesota Statutes 2012, section 10A.02, subdivision 5, is amended to read:

Subd. 5.

Executive director; staff.

The board must appoint an executive director. The executive director is in the unclassified servicenew text begin . The executive director is not an ex officio member of the boardnew text end . The executive director serves as secretary of the board and must keep a record of all proceedings and actions by the board. The board may also employ and prescribe the duties of other permanent or temporary employees in the unclassified service as may be necessary to administer this chapter, subject to appropriation. The executive director and all other employees serve at the pleasure of the board. Expenses of the board must be approved by the chair or another member as the rules of the board may provide and the expenses must then be paid in the same manner as other state expenses are paid.

Sec. 5.

Minnesota Statutes 2012, section 10A.02, subdivision 8, is amended to read:

Subd. 8.

Duties.

(a) The board must report at the close of each fiscal year to the legislature, the governor, and the public concerning the action it has taken, the names, salaries, and duties of all individuals in its employ, and the money it has disbursed. The board must include and identify in its report any other reports it has made during the fiscal year. It may indicate apparent abuses and offer legislative recommendations.

(b) The board must prescribe forms for statements and reports required to be filed under this chapter and make the forms available to individuals required to file them.

(c) The board must make available to the individuals required to file the reports and statements a manual setting forth the recommended uniform methods of bookkeeping and reporting.

(d) The board must develop a filing, coding, and cross-indexing system consistent with the purposes of this chapter.

(e) The board must make the reports and statements filed with it available for public inspection and copying by the end of the second day following the day on which they were received. An individual may copy a report or statement by hand or by duplicating machine and the board must provide duplicating services at cost for this purpose.

(f) Notwithstanding section 138.163, the board must preserve reports and statements for a period of five years from the date of receipt.

(g) The board must compile and maintain a current list and summary of all statements or parts of statements pertaining to each candidate.

(h) The board may prepare and publish reports it considers appropriate.

new text begin (i) The board shall only vote on a matter before the board at a meeting if: new text end

new text begin (1) the matter was placed on an agenda distributed to all members of the board at least seven days before the meeting; and new text end

new text begin (2) background or other relevant information to the matter was distributed to all members of the board by the executive director or other staff at least seven days before the meeting. new text end

new text begin By majority consent of all members of the board, the board may vote on a matter at a meeting that does not satisfy the requirements of this paragraph. new text end

Sec. 6.

Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 10, is amended to read:

Subd. 10.

Audits and investigations.

new text begin (a) Within limits of available resources, new text end the board deleted text begin maydeleted text end new text begin mustnew text end make audits and investigationsdeleted text begin ,deleted text end new text begin with respect to the requirements of this chapter. A final audit report completed under this chapter must contain the name of the primary board employee responsible for conducting the audit. The board maynew text end impose statutory civil penaltiesdeleted text begin ,deleted text end and issue orders for compliance with respect to the requirements of this chapter and provisions under the board's jurisdiction pursuant to subdivision 11. In all matters relating to its official duties, the board has the power tonew text begin require testimony under oath, to permit written statements to be given under oath, and tonew text end issue subpoenas and cause them to be served. If a person does not comply with a subpoena, the board may apply to the District Court of Ramsey County for issuance of an order compelling obedience to the subpoena. A person failing to obey the order is punishable by the court as for contempt.

new text begin (b) The board shall issue rules, using the expedited rulemaking process in section 14.389, setting forth procedures to be followed for all audits and investigations conducted by the board under this chapter and other provisions under the board's jurisdiction pursuant to subdivision 11. The rules regarding the board's investigative procedure shall set forth: new text end

new text begin (1) the process for the board initiating and overseeing an investigation; new text end

new text begin (2) when summary proceedings may be available; new text end

new text begin (3) dedication of staff resources in taking witness testimony and conducting discovery; new text end

new text begin (4) parties' rights and opportunities to be heard by the board; and new text end

new text begin (5) board hearings and disposition of complaints, audits, and investigations. new text end

new text begin (c) In addition to the notice required under chapter 14, the board shall notify the chairs and ranking minority members of the committees or subcommittees in the senate and house of representatives with primary jurisdiction over elections within seven calendar days of taking the following actions: new text end

new text begin (1) publication of a notice of intent to adopt rules or a notice of hearing; new text end

new text begin (2) publication of proposed rules in the state register; new text end

new text begin (3) issuance of a statement of need and reasonableness; or new text end

new text begin (4) adoption of final rules. new text end

Sec. 7.

Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 11, is amended to read:

Subd. 11.

Violations; enforcement.

(a) The board may investigate any alleged violation of this chapter. The board may also investigate an alleged violation of section 211B.04, 211B.12, or 211B.15 by or related to a candidate, treasurer, principal campaign committee, political committee, political fund, or party unit, as those terms are defined in this chapter. deleted text begin The board must investigate any violation that is alleged in a written complaint filed with the board and mustdeleted text end new text begin Upon receipt of a written complaint filed with the board, the board shall promptly provide a copy of the complaint to the subject of the complaint and notify the subject that a determination as to whether the complaint states a prima facie violation will be made and that the subject may, within 15 days of the date the board provided notice to the subject, submit a written statement addressing the prima facie determination. The notice must include the definition of a prima facie determination. new text end Within 30 days after the filing of the complaint deleted text begin make findings and conclusionsdeleted text end new text begin , the board chair or another board member designated by the chair shall make a determination new text end as to whether deleted text begin a violation has occurreddeleted text end new text begin the complaint alleges a prima facie violation. If a determination is made that the complaint does not allege a prima facie violation, the complaint shall be dismissed without prejudice and the complainant must be notified of the reasons the complaint did not allege a prima facie violation. If the complainant files a revised complaint regarding the same facts and the same subject, the prima facie determination must be completed by a board member other than the member who made the initial determination and who does not support the same political party as the member who made the initial determination. The chair may order that the prima facie determination for any complaint be made by the full board and must order that the prima facie determination for a complaint being submitted for the third time be made by the full board. If a determination is made that the complaint alleges a prima facie violation, the board shall, within 45 days of the prima facie determination, make findings and conclusions as to whether probable cause exists to believe the alleged violation that warrants a formal investigation has occurred. Any party filing a complaint and any party against whom a complaint is filed must be given an opportunity to be heard by the board prior to the board's determination as to whether probable cause exists to believe a violation that warrants a formal investigation has occurred. Upon a determination by the board that probable cause exists to believe a violation that warrants a formal investigation has occurred, the board must undertake an investigation under subdivision 10 new text end and must issue an ordernew text begin at the conclusion of the investigationnew text end , except that if the complaint alleges a violation of section 10A.25 or 10A.27, the board must either enter a conciliation agreement or make public findings and conclusions as to whether a violation has occurred and must issue an order within 60 days after the filing of the complaint. new text begin Prior to making findings and conclusions in an investigation, the board must offer the subject of the complaint an opportunity to answer the allegations of the complaint in writing and to appear before the board to address the matter.new text end new text begin new text end The deadline for action on a written complaint may be extended by majority vote of the board.

(b) The board may bring legal actions or negotiate settlements in its own name to recover money raised from contributions subject to the conditions in this paragraph.

(1) No action may be commenced unless the board has made a formal determination, after an investigation, that the money was raised for political purposes as defined in section 211B.01, subdivision 6, and that the money was used for purposes not permitted under this chapter or under section 211B.12.

(2) Prior to commencing an action, the board must give the association whose money was misused written notice by certified mail of its intent to take action under this subdivision and must give the association a reasonable opportunity, for a period of not less than 90 days, to recover the money without board intervention. This period must be extended for at least an additional 90 days for good cause if the association is actively pursuing recovery of the money. The board may not commence a legal action under this subdivision if the association has commenced a legal action for the recovery of the same money.

(3) Any funds recovered under this subdivision must be deposited in a campaign finance recovery account in the special revenue fund and are appropriated as follows:

(i) an amount equal to the board's actual costs and disbursements in the action, including court reporter fees for depositions taken in the course of an investigation, is appropriated to the board for its operations;

(ii) an amount equal to the reasonable value of legal services provided by the Office of the Attorney General in the recovery matter, calculated on the same basis as is used for charging legal fees to state agencies, is appropriated to the attorney general for the attorney general's operations; and

(iii) any remaining balance is appropriated to the board for distribution to the association to which the money was originally contributed.

(4) Notwithstanding clause (3), item (iii), if the candidate of a principal campaign committee is the person who used the association's money for illegal purposes, or if the association or political fund whose money was misused is no longer registered with the board, any money remaining after the payments specified in clause (3), items (i) and (ii), must be transferred to the general account of the state elections campaign account.

(5) Any action by the board under this paragraph must be commenced not later than four years after the improper use of money is shown on a report filed with the board or the board has actual knowledge of improper use. No action may be commenced under this paragraph for improper uses disclosed on reports for calendar years prior to 2011.

(6) If the board prevails in an action brought under this subdivision and the court makes a finding that the misuse of funds was willful, the court may enter judgment in favor of the board and against the person misusing the funds in the amount of the misused funds.

(c) Within a reasonable time after beginning an investigation of an individual or association, the board must notify the individual or association of the fact of the investigation. The board must not make a finding deleted text begin of whether there is probable cause to believedeleted text end new text begin thatnew text end a violation has occurred without notifying the individual or association of the nature of the allegations and affording an opportunity to answer those allegations.

(d) A hearing new text begin before the board new text end or action of the board concerning a complaint or investigation other than deleted text begin a finding concerning probable causedeleted text end new text begin findings, conclusions, and ordersnew text end or a conciliation agreement is confidential. Until the board makes a public finding deleted text begin concerning probable causedeleted text end or enters a conciliation agreement:

(1) a member, employee, or agent of the board must not disclose to an individual information obtained by that member, employee, or agent concerning a complaint or investigation except as required to carry out the investigation or take action in the matter as authorized by this chapter; and

(2) an individual who discloses information contrary to this subdivision is subject to a civil penalty imposed by the board of up to $1,000.

(e) A matter that is under the board's jurisdiction pursuant to this section and that may result in a criminal offense must be finally disposed of by the board before the alleged violation may be prosecuted by a city or county attorney.

Sec. 8.

Minnesota Statutes 2012, section 10A.02, subdivision 11a, is amended to read:

Subd. 11a.

Data privacy.

If, after making a public finding deleted text begin concerning probable causedeleted text end or entering a conciliation agreement, the board determines that the record of the investigation contains statements, documents, or other matter that, if disclosed, would unfairly injure the reputation of an innocent individual, the board may:

(1) retain the statement, document, or other matter as a private record, as defined in section 13.02, subdivision 12, for a period of one year, after which it must be destroyed; or

(2) return the statement, document, or other matter to the individual who supplied it to the board.

Sec. 9.

Minnesota Statutes 2012, section 10A.02, is amended by adding a subdivision to read:

new text begin Subd. 11b. new text end

new text begin Data privacy related to electronic reporting system. new text end

new text begin The board may develop and maintain systems to enable treasurers to enter and store electronic records online for the purpose of complying with this chapter. Data entered into such systems by treasurers or their authorized agents is not government data under chapter 13 and may not be accessed or used by the board for any purpose without the treasurer's written consent. Data from such systems that has been submitted to the board as a filed report is government data under chapter 13. new text end

Sec. 10.

Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 15, is amended to read:

Subd. 15.

deleted text begin Disposition ofdeleted text end Feesnew text begin and penaltiesnew text end .

new text begin (a) Upon written request, certified pursuant to section 10A.025, subdivision 2, the board must waive that portion of a late filing fee or a civil penalty imposed for the late filing of a report or statement under this chapter for which the requester demonstrates good cause for the late filing or submission. new text end

new text begin (b) new text end The board must deposit all fees and civil penalties collected under this chapter into the general fund in the state treasury.

Sec. 11.

Minnesota Statutes 2013 Supplement, section 10A.025, subdivision 4, is amended to read:

Subd. 4.

Changes and corrections.

Material changes in information previously submitted and corrections to a report or statement must be reported in writing to the board within ten days following the date of the event prompting the change or the date upon which the person filing became aware of the inaccuracy. The change or correction must identify the form and the paragraph containing the information to be changed or corrected.

A person who willfully fails to report a material change or correction is subject to a civil penalty imposed by the board of up to $3,000. A willful violation of this subdivision is a gross misdemeanor.

The board must send a new text begin written new text end notice deleted text begin by certified maildeleted text end to any individual who fails to file a report required by this subdivision. If the individual fails to file the required report within ten business days after the notice was sent, the board may impose a late filing fee of deleted text begin $5deleted text end new text begin $25new text end per day up to deleted text begin $100deleted text end new text begin $1,000new text end starting on the 11th day after the notice was sent. The board deleted text begin mustdeleted text end new text begin maynew text end send an additional notice by certified mail to an individual who fails to file a report within deleted text begin 14deleted text end new text begin ten businessnew text end days after the first notice was sent by the board deleted text begin thatdeleted text end new text begin . The certified notice must state that if the individual does not file the requested report within ten business days after the certified notice was sent,new text end the individual may be subject to a civil penalty for failure to file a report. An individual who fails to file a report required by this subdivision within deleted text begin sevendeleted text end new text begin ten businessnew text end days after the deleted text begin seconddeleted text end new text begin certifiednew text end notice was sent by the board is subject to a civil penalty imposed by the board of up to $1,000.

Sec. 12.

Minnesota Statutes 2012, section 10A.025, is amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Reconciliation information; penalty. new text end

new text begin An individual or association required to file a report under this chapter must provide information requested by the board to reconcile discrepancies between the report and reports filed by other individuals or associations. The board's request for information must be in writing. If the individual or association fails to provide the requested information within ten business days after the request was sent, the board may impose a late filing fee of $25 per day up to $1,000. new text end

new text begin The board may send notice by certified mail to an individual or association that has not timely responded to the board's written request for reconciliation information. The certified notice must state that if the individual or association does not respond to the board's request for information within ten business days after the certified notice was sent, the individual or association may be subject to a civil penalty for failure to provide information to the board. An individual or association that does not provide the requested information within ten business days after the certified notice was sent is subject to a civil penalty imposed by the board of up to $1,000. new text end

new text begin A person who willfully fails to cooperate with the board to reconcile a report discrepancy is subject to a civil penalty imposed by the board of up to $3,000. new text end

Sec. 13.

Minnesota Statutes 2012, section 10A.09, subdivision 1, is amended to read:

Subdivision 1.

Time for filing.

deleted text begin Except for a candidate for elective office in the judicial branch,deleted text end An individual must file a statement of economic interest with the board:

(1) within 60 days of accepting employment as a public official or a local official in a metropolitan governmental unit;

new text begin (2) within 60 days of assuming office as a district court judge, appeals court judge, supreme court justice, or county commissioner; new text end

deleted text begin (2)deleted text end new text begin (3)new text end within 14 days after filing an affidavit of candidacy or petition to appear on the ballot for an elective state new text begin constitutional or legislative new text end office or an elective local office in a metropolitan governmental unitnew text begin other than county commissionernew text end ;

deleted text begin (3)deleted text end new text begin (4)new text end in the case of a public official requiring the advice and consent of the senate, within 14 days after undertaking the duties of office; or

deleted text begin (4)deleted text end new text begin (5)new text end in the case of members of the Minnesota Racing Commission, the director of the Minnesota Racing Commission, chief of security, medical officer, inspector of pari-mutuels, and stewards employed or approved by the commission or persons who fulfill those duties under contract, within 60 days of accepting or assuming duties.

Sec. 14.

Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Exception; retired judges. new text end

new text begin Notwithstanding subdivision 1, a retired judge or justice appointed to serve as a judge or justice under section 2.724 is not required to comply with the provisions of this section. new text end

Sec. 15.

Minnesota Statutes 2012, section 10A.09, subdivision 5, is amended to read:

Subd. 5.

Form.

new text begin (a) new text end A statement of economic interest required by this section must be on a form prescribed by the board. The individual filing must provide the following information:

(1) name, address, occupation, and principal place of business;

(2) the name of each associated business and the nature of that association;

(3) a listing of all real property within the state, excluding homestead property, in which the individual holds: (i) a fee simple interest, a mortgage, a contract for deed as buyer or seller, or an option to buy, whether direct or indirect, if the interest is valued in excess of $2,500; or (ii) an option to buy, if the property has a fair market value of new text begin more than new text end $50,000 deleted text begin or moredeleted text end ;

(4) a listing of all real property within the state in which a partnership of which the individual is a member holds: (i) a fee simple interest, a mortgage, a contract for deed as buyer or seller, or an option to buy, whether direct or indirect, if the individual's share of the partnership interest is valued in excess of $2,500; or (ii) an option to buy, if the property has a fair market value of new text begin more than new text end $50,000 deleted text begin or moredeleted text end . A listing under clause (3) or (4) must indicate the street address and the municipality or the section, township, range and approximate acreage, whichever applies, and the county in which the property is located; deleted text begin anddeleted text end

(5) a listing of any investments, ownership, or interests in property connected with pari-mutuel horse racing in the United States and Canada, including a racehorse, in which the individual directly or indirectly holds a partial or full interest or an immediate family member holds a partial or full interestdeleted text begin .deleted text end new text begin ;new text end

new text begin (6) a listing of the principal business or professional activity category of each business from which the individual receives more than $50 in any month as an employee, if the individual has an ownership interest of 25 percent or more in the business; and new text end

new text begin (7) a listing of each principal business or professional activity category from which the individual received compensation of more than $2,500 in the past 12 months as an independent contractor. new text end

new text begin (b) The business or professional categories for purposes of paragraph (a), clauses (6) and (7), must be the general topic headings used by the federal Internal Revenue Service for purposes of reporting self-employment income on Schedule C. This paragraph does not require an individual to report any specific code number from that schedule. Any additional principal business or professional activity category may only be adopted if the category is enacted by law. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for a person who becomes a public official on or after that date, and for a person who files an affidavit of candidacy or a petition to appear on a ballot that is subject to section 10A.09. For a person who is a public official before the effective date of this section, this section is effective for supplementary statements due April 15, 2015. new text end

Sec. 16.

Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Board audits; data classification. new text end

new text begin All data related to an audit, including the existence of the audit, are classified as confidential data, as defined in section 13.02, subdivision 3. A member, employee, or agent of the board must not disclose information obtained by the member, employee, or agent concerning the audit except as required to carry out the audit or take action in the matter. Upon completion of the audit, the board's final audit report is public. The final audit report must contain the name of the individual subject to the audit, a description of any audit findings, a description of any responses provided by the individual who was subject to the audit, and a description of the manner in which any findings were resolved. new text end

Sec. 17.

Minnesota Statutes 2012, section 10A.12, subdivision 5, is amended to read:

Subd. 5.

Dues or membership fees.

An association may, if not prohibited by other law, deposit in its political fund money derived from dues or membership fees. Under section 10A.20, the treasurer of the fund must disclose the name of any member whose dues, membership fees, and contributions deposited in the political fund together exceed deleted text begin $100deleted text end new text begin $200new text end in a year.

Sec. 18.

Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 2, is amended to read:

Subd. 2.

Time for filing.

(a) The reports must be filed with the board on or before January 31 of each year and additional reports must be filed as required and in accordance with paragraphs (b) to deleted text begin (d)deleted text end new text begin (f)new text end .

(b) In each year in which the name of a candidate for legislative or district court judicial office is on the ballot, the report of the principal campaign committee must be filed 15 days before a primary new text begin election new text end and ten days before a general election, seven days before a special primary new text begin election new text end and new text begin seven days before new text end a special new text begin general new text end election, and ten days after a special election cycle.

(c) In each general election year, a political committee, a political fund, a state party committee, new text begin and new text end a party unit established by all or a part of the party organization within a house of the legislaturedeleted text begin , and the principal campaign committee of a candidate for constitutional or appellate court judicial officedeleted text end must file reports on the following schedule:

(1) a first-quarter report covering the calendar year through March 31, which is due April 14;

(2) deleted text begin in a year in which a primary election is held in August,deleted text end a report covering the calendar year through May 31, which is due June 14;

deleted text begin (3) in a year in which a primary election is held before August, a pre-general-election report covering the calendar year through July 15, which is due July 29; deleted text end

deleted text begin (4)deleted text end new text begin (3)new text end a pre-primary-election report due 15 days before a primary election;

deleted text begin (5)deleted text end new text begin (4)new text end a pre-general-election report due 42 days before the general election;new text begin andnew text end

deleted text begin (6)deleted text end new text begin (5)new text end a pre-general-election report due ten days before a general electiondeleted text begin ; anddeleted text end new text begin .new text end

deleted text begin (7) for a special election, a constitutional office candidate whose name is on the ballot must file reports seven days before a special primary and a special election, and ten days after a special election cycle. deleted text end

(d) In each general election year, a party unit not included in paragraph (c) must file reports 15 days before a primary election and ten days before a general election.

new text begin (e) In each year in which a constitutional office or appellate court judicial seat is on the ballot, the principal campaign committee of a candidate for that office or seat must file reports on the following schedule: new text end

new text begin (1) a first-quarter report covering the calendar year through March 31, which is due April 14; new text end

new text begin (2) a report covering the calendar year through May 31, which is due June 14; new text end

new text begin (3) a pre-primary-election report due 15 days before a primary election; new text end

new text begin (4) a pre-general-election report due 42 days before the general election; new text end

new text begin (5) a pre-general-election report due ten days before a general election; and new text end

new text begin (6) for a special election, a constitutional office candidate whose name is on the ballot must file reports seven days before a special primary election, seven days before a special general election, and ten days after a special election cycle. new text end

deleted text begin (e)deleted text end new text begin (f)new text end Notwithstanding paragraphs (a) to deleted text begin (d),deleted text end new text begin (e):new text end

new text begin (1) the principal campaign committee of a candidate who did not file for office is not required to file the report due 15 days before the primary election or the report due seven days before a special primary election; and new text end

new text begin (2)new text end the principal campaign committee of a candidate whose name will not be on the general election ballot is not required to file new text begin the report due 42 days before the general election, new text end the report due ten days before a general electionnew text begin ,new text end or new text begin the report due new text end seven days before a special new text begin general new text end election.

Sec. 19.

Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 5, is amended to read:

Subd. 5.

Pre-election reports.

(a) Any loan, contribution, or contributions:

(1) to a political committee or political fund from any one source totaling more than $1,000;

(2) to the principal campaign committee of a candidate for an appellate court judicial office totaling more than $2,000;

(3) to the principal campaign committee of a candidate for district court judge totaling more than $400; or

(4) to the principal campaign committee of a candidate for constitutional office or for the legislature totaling more than 50 percent of the election deleted text begin cycledeleted text end new text begin segmentnew text end contribution limit for the office,

received between the last day covered in the last report before an election and the election must be reported to the board in the manner provided in paragraph (b).

(b) A loan, contribution, or contributions required to be reported to the board under paragraph (a) must be reported to the board either:

(1) in person by the end of the next business day after its receipt; or

(2) by electronic means sent within 24 hours after its receipt.

(c) These loans and contributions must also be reported in the next required report.

(d) This notice requirement does not apply in a primary election to a candidate who is unopposed in the primary, in a primary election to a ballot question political committee or fund, or in a general election to a candidate whose name is not on the general election ballot. The board must post the report on its Web site by the end of the next business day after it is received.

(e) This subdivision does not apply to a ballot question or independent expenditure political committee or fund that has not met the registration threshold of section 10A.14, subdivision 1a. However, if a contribution that would be subject to this section triggers the registration requirement in section 10A.14, subdivision 1a, then both registration under that section and reporting under this section are required.

Sec. 20.

Minnesota Statutes 2012, section 10A.255, subdivision 3, is amended to read:

Subd. 3.

Publication of expenditure limit.

By April 15 of each election year the board must publish deleted text begin in the State Registerdeleted text end new text begin on its Web sitenew text end the expenditure limit for each office for that calendar year under section 10A.25 as adjusted by this section. The revisor of statutes must code the adjusted amounts in the next edition of Minnesota Statutes, section 10A.25, subdivision 2.

Sec. 21.

Minnesota Statutes 2012, section 10A.28, subdivision 4, is amended to read:

Subd. 4.

Civil action.

If the board is unable after a reasonable time to correct by informal methods a matter deleted text begin that constitutes probable causedeleted text end new text begin where there is reasonnew text end to believe that excess expenditures have been made or excess contributions accepted contrary to subdivision 1 or 2, the board must make a public finding deleted text begin of probable causedeleted text end in the matter. deleted text begin After making a public finding, the board must bring an action, or transmit the finding to a county attorney who must bring an action, in the District Court of Ramsey County or, in the case of a legislative candidate, the district court of a county within the legislative district, to collect a civil penalty as imposed by the board under subdivision 1 or 2. All money recovered under this section must be deposited in the general fund of the state treasury.deleted text end new text begin The board may use section 10A.34 to recover fees and penalties or to seek an injunction.new text end

Sec. 22.

Minnesota Statutes 2012, section 13.607, subdivision 5, is amended to read:

Subd. 5.

Statements of economic interest.

new text begin (a) new text end Disclosure of statements of economic interest filed by local officials is governed by section 10A.09, subdivision 6a.

new text begin (b) Data related to audits of statements of economic interest are governed by section 10A.09, subdivision 10. new text end

Sec. 23.

Minnesota Statutes 2012, section 13.607, subdivision 5a, is amended to read:

Subd. 5a.

Campaign reportsnew text begin and datanew text end .

Certain reports filed with the Campaign Finance and Public Disclosure Board are classified under section 10A.20.new text begin Certain data stored by the Campaign Finance and Public Disclosure Board is not government data under section 10A.02, subdivision 11b.new text end

Sec. 24.

Minnesota Statutes 2012, section 211A.02, subdivision 2, is amended to read:

Subd. 2.

Information required.

The report to be filed by a candidate or committee must include:

(1) the name of the candidate or ballot question;

(2) the printed name, address, telephone number, signature, and e-mail address, if available, of the person responsible for filing the report;

(3) the total cash on handnew text begin designated to be used for political purposesnew text end ;

(4) the total amount of deleted text begin receiptsdeleted text end new text begin contributionsnew text end and deleted text begin expendituresdeleted text end new text begin disbursementsnew text end for the period from the last previous report to five days before the current report is due;

(5) the amount, date, and purpose for each deleted text begin expendituredeleted text end new text begin disbursementnew text end ; and

(6) the name, address, and employer, or occupation if self-employed, of any individual or committee that during the year has made one or more contributions that in the aggregate exceed $100, and the amount and date of each contribution. The filing officer must restrict public access to the address of any individual who has made a contribution that exceeds $100 and who has filed with the filing officer a written statement signed by the individual that withholding the individual's address from the financial report is required for the safety of the individual or the individual's family.

Sec. 25.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2012, section 10A.09, subdivision 8, new text end new text begin is repealed. new text end

Sec. 26.

new text begin EFFECTIVE DATE. new text end

new text begin Except where otherwise provided, sections 1 to 25 are effective the day following final enactment. new text end

Presented to the governor May 17, 2014

Signed by the governor May 21, 2014, 11:04 a.m.

Official Publication of the State of Minnesota
Revisor of Statutes