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SF 3018

as introduced - 86th Legislature (2009 - 2010) Posted on 03/03/2010 11:57am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to elections; providing for "clean money" campaigns funded without
special interest money; expanding certain definitions; requiring certain campaign
finance reports to be filed and published electronically; requiring notice of
independent expenditures; requiring reports of excess spending by candidates
who do not agree to limit spending; reducing certain contribution limits and
spending limits; limiting independent expenditures by political parties on behalf
of their own candidates as a condition of receiving a public subsidy; imposing
campaign contribution and spending limits on political party caucuses as a
condition of receiving a public subsidy; limiting multicandidate expenditures
by political parties; increasing public subsidies for candidates who agree to
lower contribution limits; increasing spending limits and public subsidies to
respond to independent expenditures and excess spending by nonparticipating
candidates; repealing the income tax checkoff for election campaigns; increasing
the maximum political contribution refund from $50 to $100; imposing criminal
penalties; appropriating money; amending Minnesota Statutes 2008, sections
10A.01, subdivisions 9, 18, 21; 10A.02, subdivision 11a; 10A.14, subdivision
2; 10A.20, subdivisions 2, 6b, by adding subdivisions; 10A.25, subdivisions 1,
2, 2a, by adding subdivisions; 10A.257, subdivision 1; 10A.27, subdivisions 1,
11, by adding subdivisions; 10A.275, subdivision 1; 10A.28, subdivisions 1, 2;
10A.315; 10A.322; 200.02, by adding a subdivision; 290.06, subdivision 23;
proposing coding for new law in Minnesota Statutes, chapter 10A; repealing
Minnesota Statutes 2008, sections 10A.25, subdivision 6; 10A.31, subdivisions
1, 3, 3a, 5, 5a, 6, 6a, 7, 10, 10a, 10b, 11; Minnesota Statutes 2009 Supplement,
section 10A.31, subdivision 4.

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

Section 1. new text begin LEGISLATIVE FUNDING; PURPOSE.
new text end

new text begin Subdivision 1. new text end

new text begin Legislative findings; purpose. new text end

new text begin The legislature finds that while
Minnesota has a system of partial public financing of campaigns, our current system still
encourages large amounts of private money to be used to finance campaigns. This private
money undermines democracy in the following ways:
new text end

new text begin (a) It stifles the First Amendment, which the Supreme Court in Buckley v. Valeo
stated, was designed "to secure the widest possible dissemination of information from
diverse and antagonistic sources," and "to assure unfettered interchange of ideas for the
bringing about of political and social changes desired by the people." Instead, heavy
funding of certain candidates and interests discourages other candidates from running and
prevents many perspectives from receiving any dissemination whatsoever. In addition,
after a certain point, more spending does not create more speech but has the opposite
impact, overwhelming the public and causing them to tune out speech from any candidate.
new text end

new text begin (b) It undermines the First Amendment right of voters to hear speech from all
candidates and all perspectives and undermines the core First Amendment value of open
and robust debate in the political process.
new text end

new text begin (c) It inhibits communication with the electorate by candidates without access to
large sums of campaign money.
new text end

new text begin (d) It burdens elected officials and candidates with endless hours of fund-raising,
thus decreasing the time available to carry out their public responsibilities.
new text end

new text begin (e) It discourages people from participating in the political process. A 1998
poll conducted by St. Cloud State University found that, because of their belief that
contributors have more influence than noncontributors do, one-third of respondents are
"less likely to vote or participate in politics." Over half of those who said that they did
not vote in the 1996 election said they were less likely to vote or participate because
of this belief.
new text end

new text begin (f) It violates the rights of citizens to equal and meaningful participation in the
democratic process.
new text end

new text begin (g) It creates a public perception of corruption and undermines public confidence
in the democratic process and democratic institutions. This perception is held by almost
nine out of ten Minnesotans. The 1998 St. Cloud State University poll showed that 88
percent of all Minnesotans believe elected officials are more responsive to contributors
than to voters who do not contribute.
new text end

new text begin (h) It not only creates a perception of corruption, but actually encourages elected
officials to take money from private interests that are directly affected by governmental
actions.
new text end

new text begin (i) It diminishes the perceived and the actual accountability of elected officials
to their constituents by giving them incentives to be accountable to major campaign
contributors instead.
new text end

new text begin (j) It undermines the integrity of the election process by making it difficult for
qualified candidates without access to large contributors or personal fortunes to mount
competitive campaigns and discourages them from running.
new text end

new text begin (k) It undermines the integrity of the election process by placing challengers
at a disadvantage, because large campaign contributors tend to give their money to
incumbents, thus causing elections to be less competitive.
new text end

new text begin (l) It costs taxpayers millions of dollars for the legislative and regulatory decisions
made by elected officials on behalf of major campaign contributors.
new text end

new text begin The legislature finds each of these defects on its own has a corrosive impact on our
democracy either by corrupting the political process or by creating the appearance of
corruption. Accordingly, the state has a compelling interest in addressing them through
this act.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin This act is intended to enable campaigns to be conducted
without special interest money and to restore the First Amendment rights of nonwealthy
candidates by enabling them to disseminate their views without being drowned out by
heavily funded independent expenditures or ads by opposing campaigns that they cannot
respond to for lack of money.
new text end

new text begin This act is designed to create benefits for participating candidates and political
parties to compensate for the restrictions applied to them and to further the compelling
state interest of encouraging participation in this system of financing campaigns without
special interest money.
new text end

Sec. 2.

Minnesota Statutes 2008, section 10A.01, subdivision 9, is amended to read:


Subd. 9.

Campaign expenditure.

new text begin (a) new text end "Campaign expenditure" or "expenditure"
means a purchase or payment of money or anything of value, or an advance of credit,
made or incurred for the purpose of influencing the nomination or election of a candidate
or for the purpose of promoting or defeating a ballot question.

new text begin (b) "Expenditure" includes a cost incurred to design, produce, or disseminate a
communication if the communication contains words such as "vote for," "reelect," "(name
of candidate) for (office)," "vote against," "defeat," or another phrase or campaign slogan
that in context can have no reasonable meaning other than to advocate support for or
opposition to the nomination or election of one or more clearly identified candidates.
new text end

new text begin (c) "Expenditure" is presumed to include a cost incurred to design, produce, or
disseminate a communication if the communication names or depicts one or more clearly
identified candidates; is disseminated during the 45 days before a primary election, during
the 90 days before a general election, or during a special election cycle until election day;
and the cost exceeds the following amounts for a communication naming or depicting a
candidate for the following offices:
new text end

new text begin (1) $500 for a candidate for governor, lieutenant governor, attorney general,
secretary of state, or state auditor; or
new text end

new text begin (2) $100 for a candidate for state senator or representative.
new text end

new text begin An individual or association presumed under this paragraph to have made an
expenditure may rebut the presumption by an affidavit signed by the spender and filed with
the board stating that the cost was not incurred with intent to influence the nomination,
election, or defeat of any candidate, supported by any additional evidence the spender
chooses to submit. The board may consider any additional evidence it deems relevant and
material and must determine by a preponderance of the evidence whether the cost was
incurred with intent to influence the nomination, election, or defeat of a candidate.
new text end

new text begin (d) new text end An expenditure 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.

new text begin (e) new text end An expenditure made for the purpose of defeating a candidate is considered
made for the purpose of influencing the nomination or election of that candidate or any
opponent of that candidate.

new text begin (f) new text end Except as provided in clause (1), "expenditure" includes the dollar value of
a donation in kind.

"Expenditure" does not include:

(1) noncampaign disbursements as defined in subdivision 26;

(2) services provided without compensation by an individual volunteering personal
time on behalf of a candidate, ballot question, political committee, political fund, principal
campaign committee, or party unit; deleted text begin or
deleted text end

(3) the publishing or broadcasting of news items or editorial comments by the news
medianew text begin , if the news medium is not owned by or affiliated with any candidate or principal
campaign committee; or
new text end

new text begin (4) a cost incurred by an association for a communication targeted to inform solely
its own dues-paying members of the association's position on a candidate; provided that,
if the communication is sent directly to the members, such as by direct mail or e-mail,
up to 15 percent of the recipients need not be members
new text end .

Sec. 3.

Minnesota Statutes 2008, section 10A.01, subdivision 18, is amended to read:


Subd. 18.

Independent expenditure.

new text begin (a) new text end "Independent expenditure" means an
expenditure deleted text begin expressly advocating the election or defeat of a clearly identified candidate,
if the expenditure
deleted text end new text begin thatnew text end 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. deleted text begin An expenditure by a political party or political party
unit in a race where the political party has a candidate on the ballot is not an independent
expenditure.
deleted text end

new text begin (b) An expenditure is presumed to be not independent if, for example:
new text end

new text begin (1) in the same election cycle in which the expenditure occurs, the spender or
the spender's agent retains the professional services of an individual or entity that, in a
nonministerial capacity, provides or has provided campaign-related service, including
polling or other campaign research, media consulting or production, direct mail, or
fund-raising, to a candidate supported by the spender for nomination or election to the
same office as any candidate whose nomination or election the expenditure is intended to
influence or to a political party working in coordination with the supported candidate;
new text end

new text begin (2) the expenditure pays for a communication that disseminates, in whole or in
substantial part, a broadcast or written, graphic, or other form of campaign material
designed, produced, or distributed by the candidate or the candidate's principal campaign
committee or their agents;
new text end

new text begin (3) the expenditure is based on information about the candidate's electoral campaign
plans, projects, or needs that is provided by the candidate or the candidate's principal
campaign committee or their agents directly or indirectly to the spender or the spender's
agent, with an express or tacit understanding that the spender is considering making
the expenditure;
new text end

new text begin (4) before the election, the spender or the spender's agent informs a candidate
or the principal campaign committee or agent of a candidate for the same office as a
candidate clearly identified in a communication paid for by the expenditure about the
communication's contents; timing, location, mode, or frequency of dissemination; or
intended audience; or
new text end

new text begin (5) in the same election cycle in which the expenditure occurs, the spender or the
spender's agent is serving or has served in an executive, policy making, fund-raising, or
advisory position with the candidate's campaign or has participated in strategic or policy
making discussions with the candidate's campaign relating to the candidate's pursuit
of nomination or election to office and the candidate is pursuing the same office as a
candidate whose nomination or election the expenditure is intended to influence.
new text end

new text begin An individual or association presumed under this paragraph to have made an
expenditure that was not independent may rebut the presumption by an affidavit signed by
the spender and filed with the board stating that the expenditure was 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, supported by any additional evidence the spender chooses to submit.
The board may consider any additional evidence it deems relevant and material and must
determine by a preponderance of the evidence whether the expenditure was independent.
new text end

new text begin (c) An expenditure by anyone other than a principal campaign committee that does
not qualify as an independent expenditure under this subdivision is deemed to be an
approved expenditure under subdivision 4.
new text end

Sec. 4.

Minnesota Statutes 2008, section 10A.01, subdivision 21, is amended to read:


Subd. 21.

Lobbyist.

(a) "Lobbyist" means an individual:

(1) engaged for pay or other consideration of more than deleted text begin $3,000deleted text end new text begin $2,000 new text end from all
sources in any year for the purpose of attempting to influence legislative or administrative
action, or the official action of a metropolitan governmental unit, by communicating or
urging others to communicate with public or local officials; or

(2) who spends more than $250, not including new text begin the first $1,000 of new text end the individual's
own traveling expenses and membership dues, in any year for the purpose of attempting
to influence legislative or administrative action, or the official action of a metropolitan
governmental unit, by communicating or urging others to communicate with public or
local officials.

(b) "Lobbyist" does not include:

(1) a public official;

(2) an employee of the statedeleted text begin , including an employee of any of the public higher
education systems
deleted text end ;

(3) an elected local official;

(4) a nonelected local official or an employee of a political subdivision new text begin or public
higher education system
new text end acting in an official capacity, unless the nonelected official or
employee of a political subdivision new text begin or public higher education system new text end spends more than
50 hours in any month attempting to influence legislative or administrative action, or the
official action of a metropolitan governmental unit other than the political subdivision new text begin or
public higher education system
new text end employing the official or employee, by communicating
or urging others to communicate with public or local officials, including time spent
monitoring legislative or administrative action, or the official action of a metropolitan
governmental unit, and related research, analysis, and compilation and dissemination of
information relating to legislative or administrative policy in this state, or to the policies of
metropolitan governmental units;

(5) a party or the party's representative appearing in a proceeding before a state
board, commission, or agency of the executive branch unless the board, commission,
or agency is taking administrative action;

(6) an individual while engaged in selling goods or services to be paid for by
public funds;

(7) a news medium or its employees or agents while engaged in the publishing or
broadcasting of news items, editorial comments, or paid advertisements which directly
or indirectly urge official action;

(8) a paid expert witness whose testimony is requested by the body before which the
witness is appearing, but only to the extent of preparing or delivering testimony; or

(9) a party or the party's representative appearing to present a claim to the legislature
and communicating to legislators only by the filing of a claim form and supporting
documents and by appearing at public hearings on the claim.

(c) An individual who volunteers personal time to work without pay or other
consideration on a lobbying campaign, and who does not spend more than the limit in
paragraph (a), clause (2), need not register as a lobbyist.

(d) An individual who provides administrative support to a lobbyist and whose salary
and administrative expenses attributable to lobbying activities are reported as lobbying
expenses by the lobbyist, but who does not communicate or urge others to communicate
with public or local officials, need not register as a lobbyist.

Sec. 5.

Minnesota Statutes 2008, section 10A.02, subdivision 11a, is amended to read:


Subd. 11a.

Data privacy.

new text begin (a) new text end If, after making a public finding concerning probable
cause 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.

new text begin (b) When publishing reports on its Web site, the board must not publish the home
street address or telephone number of a contributor.
new text end

Sec. 6.

Minnesota Statutes 2008, section 10A.14, subdivision 2, is amended to read:


Subd. 2.

Form.

The statement of organization must include:

(1) the name and address of the committee, fund, or party unit;

(2) the name and address of the chair of a political committee, principal campaign
committee, or party unit;

(3) the name and address of any supporting association of a political fund;

(4) the name and address of the treasurer and any deputy treasurersnew text begin and, for a
principal campaign committee, any other individual authorized to accept contributions on
behalf of the principal campaign committee
new text end ;

(5) a listing of all depositories or safety deposit boxes used; and

(6) for the state committee of a political party only, a list of its party units.

Sec. 7.

Minnesota Statutes 2008, section 10A.20, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin Manner of filing; publication. new text end

new text begin If contributions or expenditures exceed
$5,000 in a year, the report must be filed with the board in an electronic format approved
by the board. Regardless of whether the report is filed electronically, the board must
publish the report on its Web site within seven days after the date it was due. The
publication must be in a form that permits a user of the Web site to search the reports and
prepare comparisons and cross-tabulations among the various candidates, contributors,
vendors, and committees.
new text end

Sec. 8.

Minnesota Statutes 2008, 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) deleted text begin anddeleted text end new text begin ,new text end (c)new text begin , and (d)new text end .

(b) In each year in which the name of the candidate is on the ballot, the report of
the principal campaign committee must be filed 15 days before a primary and ten days
before a general election, seven days before a special primary and a special election,
and ten days after a special election cycle.

(c) In each general election year, a political committee, political fund, or party unit
must file reports 15 days before a primary and ten days before a general election.

new text begin (d) A political committee or political fund that makes independent expenditures
related to a special election must file reports on the independent expenditures seven days
before the special primary and special election, and ten days after the special election cycle.
new text end

Sec. 9.

Minnesota Statutes 2008, section 10A.20, subdivision 6b, is amended to read:


Subd. 6b.

Independent expenditures; notice.

(a) Within deleted text begin 24deleted text end new text begin 48 new text end hours after an
individual, political committee, deleted text begin ordeleted text end political fundnew text begin , principal campaign committee, or party
unit
new text end makes or becomes obligated by oral or written agreement to make an independent
expenditure in excess of $100new text begin in a legislative district election or $500 in a statewide
election
new text end , 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, deleted text begin ordeleted text end political fundnew text begin , principal campaign committee, or party unit new text end must file with
the board deleted text begin an affidavit notifying the boarddeleted text end new text begin a noticenew text end of the intent to make the independent
expenditure and deleted text begin servedeleted text end new text begin providenew text end a copy of the deleted text begin affidavit ondeleted text end new text begin notice tonew text end each candidate in the
affected race and deleted text begin ondeleted text end new text begin tonew text end the treasurer of the candidate's principal campaign committee.
The deleted text begin affidavitdeleted text end new text begin noticenew text end 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. new text begin The notice must include an affidavit, under penalty of perjury, signed and sworn
to by the individual or by the treasurer of the committee, fund, or party unit identifying
the candidate in support of or opposition to whom the expenditure is made and affirming
that the expenditure was independent and involved no cooperation or coordination with a
candidate or a political party.
new text end Each new expenditure requires a new notice.

(b) new text begin During the last three weeks before the primary election and during the last three
weeks before the general election, the notice must be filed within 24 hours after making or
becoming obligated to make the independent expenditure.
new text end

new text begin (c) An individual or association may file a complaint with the board that a required
notice was not filed or that a notice filed under this subdivision is false. The board must
determine the complaint promptly. If the board determines that a notice was false and
the board has distributed a public subsidy to a candidate based on the false notice, the
candidate must return the subsidy to the board.
new text end

new text begin (d) new text end An individual or the treasurer of a political committee deleted text begin ordeleted text end new text begin ,new text end political fundnew text begin , principal
campaign committee, or party unit
new text end who fails to give notice as required by this subdivision,
or who files a false deleted text begin affidavit ofdeleted text end 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. 10.

Minnesota Statutes 2008, section 10A.20, is amended by adding a subdivision
to read:


new text begin Subd. 6c. new text end

new text begin Excess spending reports. new text end

new text begin The treasurer of the principal campaign
committee of a candidate who has not signed a spending limit agreement under section
10A.322 must file with the board a report disclosing the sum of all expenditures made by
or on behalf of the committee that exceed the expenditure limit for any opponent of the
candidate who has signed a spending limit agreement under section 10A.322 within 48
hours after the spending exceeds the spending limit by more than $100 for a candidate for
legislative office or $500 for a candidate for statewide office. The treasurer must file an
additional report within 48 hours after spending any additional amounts that exceed the
participating candidate's spending limit.
new text end

Sec. 11.

Minnesota Statutes 2008, section 10A.25, subdivision 1, is amended to read:


Subdivision 1.

Limits are voluntary.

new text begin (a) new text end The expenditure limits imposed by this
section new text begin on a candidate new text end apply only to a candidate who has signed an agreement under
section 10A.322 to be bound by them as a condition of receiving a public subsidy for
the candidate's campaign.

new text begin (b) The prohibition imposed by this section on a political party applies only to a
political party that has signed an agreement under section 10A.322 to be bound by it as a
condition of receiving a public subsidy for the party's activities.
new text end

new text begin (c) The expenditure limits imposed by this section on a party caucus in a house
of the legislature apply only to a party caucus that has signed and filed an agreement
under section 10A.322 to be bound by them as a condition of receiving a public subsidy
for the caucus' activities.
new text end

Sec. 12.

Minnesota Statutes 2008, section 10A.25, subdivision 2, is amended to read:


Subd. 2.

Amounts.

(a) deleted text begin In a year in whichdeleted text end new text begin Duringnew text end an election deleted text begin is held for an office
sought by a candidate
deleted text end new text begin cyclenew text end , the principal campaign committee of the candidate must not
make campaign expenditures nor permit approved expenditures to be made on behalf of
the candidate that result in aggregate expenditures in excess of the following:

(1) for governor and lieutenant governor, running together, deleted text begin $2,393,800deleted text end new text begin $1,800,000new text end ;

(2) for attorney general, deleted text begin $399,000deleted text end new text begin $350,000new text end ;

(3) for secretary of state and state auditor, separately, deleted text begin $199,500deleted text end new text begin $175,000new text end ;

(4) for state senator, deleted text begin $59,900deleted text end new text begin $45,000new text end ;

(5) for state representative, deleted text begin $31,400deleted text end new text begin $28,000new text end .

(b) In addition to the amount in paragraph (a), clause (1), a candidate for
endorsement for the office of lieutenant governor at the convention of a political party
may make campaign expenditures and approved expenditures of five percent of that
amount to seek endorsement.

(c) 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.

(d) 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.

new text begin (e) The expenditure limits in this subdivision for a participating candidate are
increased by the sum of expenditures by a nonparticipating opponent of the candidate,
as reported to the board under section 10A.20, subdivision 2, 6, or 6c, in excess of the
participating candidate's original spending limit.
new text end

new text begin (f) The expenditure limits in this subdivision for a candidate are increased by the
sum of independent expenditures made in opposition to the candidate, plus independent
expenditures made in support of the candidate's major political party opponents, as
reported to the board under section 10A.20, subdivision 2, 6, or 6b.
new text end

Sec. 13.

Minnesota Statutes 2008, section 10A.25, subdivision 2a, is amended to read:


Subd. 2a.

Aggregated expenditures.

If a candidate makes expenditures from more
than one principal campaign committee for nomination or election to statewide office
in the same election deleted text begin yeardeleted text end new text begin cyclenew text end , the amount of expenditures from all of the candidate's
principal campaign committees for statewide office for that election deleted text begin yeardeleted text end new text begin cyclenew text end must be
aggregated for purposes of applying the limits on expenditures under subdivision 2.

Sec. 14.

Minnesota Statutes 2008, section 10A.25, is amended by adding a subdivision
to read:


new text begin Subd. 14. new text end

new text begin Independent expenditures by political parties. new text end

new text begin (a) A political party
or party unit must not make an independent expenditure.
new text end

new text begin (b) A political party that has agreed not to make independent expenditures as a
condition of receiving a public subsidy is released from the prohibition but remains
eligible to receive a public subsidy if a political party that has not agreed to the prohibition
makes an independent expenditure during that election cycle.
new text end

new text begin (c) A political party that has not agreed to the prohibition in this subdivision must
file written notice with the board and serve written notice on every other political party
within 24 hours after making an independent expenditure. The notice must state only that
the political party has made an independent expenditure. Upon receipt of the notice, the
political party that agreed to the prohibition is no longer subject to the prohibition but
remains eligible to receive a public subsidy.
new text end

Sec. 15.

Minnesota Statutes 2008, section 10A.25, is amended by adding a subdivision
to read:


new text begin Subd. 15. new text end

new text begin Limits on party caucuses. new text end

new text begin (a) In a year in which a general election is
held for a house of the legislature, the party unit composed of the members of a party
caucus in that house must not make campaign expenditures that result in aggregate
expenditures in excess of $500,000.
new text end

new text begin (b) During an election cycle, in any year before the general election year for a
house of the legislature, the party unit composed of the members of a party caucus in
that house must not make campaign expenditures that exceed 20 percent of the general
election year limit.
new text end

new text begin (c) A party caucus in a house of the legislature that has agreed to be bound by
the expenditure limits imposed by this subdivision as a condition of receiving a public
subsidy is released from the expenditure limits but remains eligible to receive a public
subsidy if another party caucus in the same house of the legislature has not agreed to
be bound by the limits and has received contributions or made or become obligated to
make expenditures during that election cycle in excess of 50 percent of the expenditure
limit set forth in paragraph (a).
new text end

new text begin (d) A party caucus in a house of the legislature that has not agreed to be bound by
the limits must file written notice with the board and provide written notice to every
other party caucus in the same house of the legislature within 24 hours after exceeding
the limit in paragraph (c). The notice must state only that the party caucus has received
contributions or made or become obligated to make campaign expenditures in excess of
the limit in paragraph (c). Upon receipt of the notice, a party caucus that had agreed to be
bound by the limits is no longer bound by the expenditure limits but remains eligible to
receive a public subsidy.
new text end

Sec. 16.

Minnesota Statutes 2008, section 10A.257, subdivision 1, is amended to read:


Subdivision 1.

Unused funds.

After all campaign expenditures and noncampaign
disbursements for an election cycle have been made, an amount up to 50 percent of the
deleted text begin election yeardeleted text end 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 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. 17.

Minnesota Statutes 2008, section 10A.27, subdivision 1, is amended to read:


Subdivision 1.

Contribution limits.

(a) Except as provided in deleted text begin subdivisiondeleted text end new text begin
subdivisions 1a and
new text end 2, a candidate must not permit the candidate's principal campaign
committee to accept aggregate contributions made or delivered by any individual, political
committee, or political fund in excess of the following:

(1) to candidates for governor and lieutenant governor running together, deleted text begin $2,000deleted text end new text begin
$1,000
new text end in an election deleted text begin year for the office sought and $500 in other yearsdeleted text end new text begin cyclenew text end ;

(2) to a candidate for attorney general, $1,000 in an election deleted text begin year for the office
sought and $200 in other years
deleted text end new text begin cyclenew text end ;

(3) to a candidate for the office of secretary of state or state auditor, $500 in an
election deleted text begin year for the office sought and $100 in other yearsdeleted text end new text begin cyclenew text end ;

(4) to a candidate for state senator, $500 in an election deleted text begin year for the office sought
and $100 in other years
deleted text end new text begin cyclenew text end ; and

(5) to a candidate for state representative, $500 in an election deleted text begin year for the office
sought and $100 in the other year
deleted text end new text begin cyclenew text end .

(b) 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 committeedeleted text begin , such as a block worker or a volunteer who hosts a fund-raising
event, to the committee's treasurer
deleted text end new text begin named in the committee's statement of organization as
an individual authorized to accept contributions on behalf of the committee
new text end ; and

(2) a delivery made by an individual on behalf of the individual's spouse.

(c) A lobbyist, political committee, political party unit, or political fund must not
make a contribution a candidate is prohibited from accepting.

Sec. 18.

Minnesota Statutes 2008, section 10A.27, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Limit on candidates who agree to spending limit. new text end

new text begin A candidate who has
signed a spending limit agreement under section 10A.322 must not permit the candidate's
principal campaign committee to accept aggregate contributions made or delivered by an
individual in excess of $100 in any year or by a political committee, political fund, party
unit, or lobbyist in any amount.
new text end

new text begin The following deliveries are not subject to the bundling limitation in this subdivision:
new text end

new text begin (1) delivery of contributions collected by a member of the candidate's principal
campaign committee named in the committee's statement of organization as an individual
authorized to accept contributions on behalf of the committee; and
new text end

new text begin (2) a delivery made by an individual on behalf of the individual's spouse.
new text end

Sec. 19.

Minnesota Statutes 2008, section 10A.27, subdivision 11, is amended to read:


Subd. 11.

Contributions from certain types of contributors.

A candidate must
not permit the candidate's principal campaign committee to accept a contribution from
a political committee, political fund, new text begin party unit, new text end lobbyist, or large contributor, 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, provided that the 20 percent limit must be rounded to the nearest $100.
For purposes of this subdivision, "large contributor" means an individual, other than the
candidate, who contributes an amount that is more than $100 and more than one-half
the amount an individual may contribute.

Sec. 20.

Minnesota Statutes 2008, section 10A.27, is amended by adding a subdivision
to read:


new text begin Subd. 14. new text end

new text begin Contributions to party caucuses. new text end

new text begin The chair of a party caucus within
a house of the legislature that is subject to a spending limit agreement under section
10A.322 must not permit the caucus to accept aggregate contributions made or delivered
by an individual in excess of $100 in any year or by a political committee, political fund,
party unit, or lobbyist in any amount.
new text end

Sec. 21.

Minnesota Statutes 2008, section 10A.27, is amended by adding a subdivision
to read:


new text begin Subd. 15. new text end

new text begin Contributions to other political committees or funds. new text end

new text begin The treasurer of
a political committee, political fund, or party unit must not permit the political committee,
political fund, or party unit to accept aggregate contributions from an individual or
association in an amount more than $500 in an election cycle.
new text end

Sec. 22.

Minnesota Statutes 2008, section 10A.27, is amended by adding a subdivision
to read:


new text begin Subd. 16. new text end

new text begin Aggregate limit on individuals. new text end

new text begin An individual may not contribute
more than $5,000 in aggregate contributions for any purpose to all candidates, political
committees, political funds, and party units in an election cycle for the house of
representatives.
new text end

Sec. 23.

Minnesota Statutes 2008, section 10A.275, subdivision 1, is amended to read:


Subdivision 1.

Exceptions.

Notwithstanding other provisions of this chapter, the
following expenditures by a party unit, or two or more party units acting together, with at
least one party unit being either: the state committee or the party organization within a
congressional district, county, or legislative district, are not considered contributions to or
expenditures on behalf of a candidate for the purposes of section 10A.25 or 10A.27 and
must not be allocated to candidates under section 10A.20, subdivision 3, paragraph (g):

(1) expenditures on behalf of candidates of that party generally without referring to
any of them specifically in a published, posted, or broadcast advertisement;

(2) expenditures for the preparation, display, mailing, or other distribution of an
official party sample ballot listing the names of three or more individuals whose names are
to appear on the ballot;new text begin or
new text end

(3) expenditures for a telephone conversation deleted text begin includingdeleted text end new text begin mentioning with roughly
equal emphasis
new text end the names of three or more individuals whose names are to appear on
the ballotdeleted text begin ;
deleted text end

deleted text begin (4) expenditures for a political party fund-raising effort on behalf of three or more
candidates; or
deleted text end

deleted text begin (5) expenditures for party committee staff services that benefit three or more
candidates
deleted text end .

Sec. 24.

Minnesota Statutes 2008, section 10A.28, subdivision 1, is amended to read:


Subdivision 1.

Exceeding expenditure limits.

new text begin (a) new text end A candidate subject to the
expenditure limits in section 10A.25 who permits the candidate's principal campaign
committee to make expenditures or permits approved expenditures to be made on the
candidate's behalf in excess of the limits imposed by section 10A.25, as adjusted by
section 10A.255, is subject to a civil penalty new text begin of new text end up to four times the amount by which the
expenditures exceeded the limit.

new text begin (b) The chair of a political party or party unit subject to the prohibition in section
10A.25 that makes expenditures in violation of section 10A.25 is subject to a civil penalty
of up to four times the amount of the expenditures.
new text end

new text begin (c) The chair of a party caucus within a house of the legislature subject to the
expenditure limits in section 10A.25 who permits the caucus to make expenditures in
excess of the limits imposed by section 10A.25, as adjusted by section 10A.255, is subject
to a civil penalty of up to four times the amount by which the expenditures exceeded
the limit.
new text end

Sec. 25.

Minnesota Statutes 2008, section 10A.28, subdivision 2, is amended to read:


Subd. 2.

Exceeding contribution limits.

The following are subject to a civil penalty
of up to four times the amount by which a contribution exceeds the applicable limits:

(1) a lobbyist, political committee, or political fund that makes a contribution in
excess of the limits imposed by section 10A.27, subdivisions 1 and 8;

(2) a principal campaign committee that makes a contribution in excess of the limits
imposed by section 10A.27, subdivision 2;

(3) a political party unit that makes a contribution in excess of the limits imposed by
section 10A.27, subdivisions 2 and 8; deleted text begin or
deleted text end

(4) a candidate who permits the candidate's principal campaign committee to accept
contributions in excess of the limits imposed by section 10A.27new text begin ; or
new text end

new text begin (5) the chair of a party caucus within a house of the legislature who permits the
caucus to accept contributions in excess of the limits imposed by section 10A.27
new text end .

Sec. 26.

Minnesota Statutes 2008, 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 deleted text begin the sum of:
deleted text end

deleted text begin (1) the party account money at the last general election for the candidate's party
for the office the candidate is seeking; and
deleted text end

deleted text begin (2)deleted text end the deleted text begin general account moneydeleted text end new text begin public subsidy new text end paid to a candidate for the same
office at deleted text begin the lastdeleted text end new text begin a new text end general election.

(b) A candidate who wishes to receive this public subsidy must submit a signed
agreement under section 10A.322 to the board and must meet the contribution
requirements of section 10A.323. The special election subsidy must be distributed in the
same manner as money deleted text begin in the party and general accountsdeleted text end is distributed to legislative
candidates in a general election.

(c) The amount necessary to make the payments required by this section is
appropriated from the general fund to the board.

Sec. 27.

Minnesota Statutes 2008, section 10A.322, is amended to read:


10A.322 SPENDING LIMIT AGREEMENTS.

Subdivision 1.

Agreement by candidate.

(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); 10A.324; and 10A.38.

(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 deleted text begin by September 1
preceding the candidate's general election or a special election held at the general election
deleted text end new text begin
not later than the day after the candidate files the affidavit of candidacy for the office
new text end . 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 deleted text begin signeddeleted text end
new text begin filed new text end under this subdivision.

(d) deleted text begin 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.
deleted text end new text begin The agreement, insofar as it relates to the expenditure limits in section
10A.25, as adjusted by section 10A.255, and the contribution limit in section 10A.27,
subdivision 10, remains effective for candidates until the dissolution of the principal
campaign committee of the candidate or the end of the first election cycle completed after
the agreement was filed, whichever occurs first.
new text end

Subd. 2.

deleted text begin How long agreement is effectivedeleted text end new text begin Agreement by political partynew text end .

deleted text begin The
agreement, insofar as it relates to the expenditure limits in section 10A.25, as adjusted by
section 10A.255, and the contribution limit in section 10A.27, subdivision 10, remains
effective for candidates until the dissolution of the principal campaign committee of the
candidate or the end of the first election cycle completed after the agreement was filed,
whichever occurs first.
deleted text end new text begin (a) As a condition of receiving a public subsidy, the chair of the
state committee of a political party must sign and file with the board a written agreement
in which the state committee agrees that the political party and all its party units, other
than a legislative party caucus, will comply with section 10A.25. An agreement once
filed may not be rescinded.
new text end

new text begin (b) The board must provide agreement forms to political parties on request at any
time. The state chair must file the agreement with the board by February 1 of the general
election year.
new text end

new text begin (c) The spending limit agreement remains in effect until the end of the first general
election cycle completed after the agreement was filed or the dissolution of the political
party, whichever occurs first.
new text end

new text begin (d) The board must notify the commissioner of revenue of an agreement filed under
this subdivision.
new text end

new text begin Subd. 2a. new text end

new text begin Agreement by party caucus. new text end

new text begin (a) As a condition of receiving a public
subsidy, the chair of a party caucus in a house of the legislature must sign and file with the
board a written agreement in which the caucus agrees that it will comply with sections
10A.25 and 10A.27, subdivision 14. An agreement once filed may not be rescinded.
new text end

new text begin (b) The board must provide agreement forms to legislative party caucuses on request
at any time. The party caucus must file the agreement with the board by February 1 of
the general election year.
new text end

new text begin (c) The spending limit agreement remains in effect until the end of the first election
cycle completed after the agreement was filed or the dissolution of the legislative party
caucus, whichever occurs first.
new text end

new text begin (d) The board must notify the commissioner of revenue of an agreement filed under
this subdivision.
new text end

Subd. 4.

Refund receipt forms; penalty.

new text begin (a) new text end The board must make available to a
deleted text begin political party on request and to anydeleted text end candidatenew text begin , political party, or legislative party caucusnew text end
for whom an agreement under this section is effective, a supply of official refund receipt
forms that state in boldface type that (1) a contributor who is given a receipt form is
eligible to claim a refund as provided in section 290.06, subdivision 23, and (2) deleted text begin if the
contribution is to a candidate, that
deleted text end the candidatenew text begin , political party, or legislative party caucusnew text end
has signed an agreement to limit campaign expenditures as provided in this section. The
forms must provide duplicate copies of the receipt to be attached to the contributor's claim.
new text begin A principal campaign committee or party unit must return to the board with its termination
report or destroy any official receipt forms that have not been issued.
new text end

new text begin (b) new text end A candidate who does not sign an agreement under this section and who willfully
issues an official refund receipt form or a facsimile of one to any of the candidate's
contributors is guilty of a misdemeanor. new text begin If the state chair of a political party has not
signed an agreement under this section and the chair of a party unit willfully issues an
official refund receipt form or a facsimile of one to any of the party's contributors, the
chair of the party unit is guilty of a misdemeanor. If the chair of a legislative party caucus
has not signed an agreement under this section and the caucus chair willfully issues an
official refund receipt form or a facsimile of one to any of the caucus' contributors, the
caucus chair is guilty of a misdemeanor.
new text end

Sec. 28.

new text begin [10A.3235] PUBLIC SUBSIDY TO CANDIDATES.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin In each general election year there is appropriated
from the general fund a sum sufficient to pay the public subsidy provided for in this section.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin A candidate who has duly filed a spending limit agreement
under section 10A.322, an affidavit of contributions under section 10A.323, and an
affidavit of candidacy under section 204B.06, and who is opposed in either the primary or
general election is eligible to receive a public subsidy under this section. Upon determining
that a candidate is eligible, the board must designate the candidate as participating.
new text end

new text begin Subd. 3. new text end

new text begin Form of payment. new text end

new text begin The payment must be in the form of a check made
payable to "the campaign fund of ..... (name of candidate) ......" A check may include as an
additional payee a financial institution named by the candidate in a notice filed with the
board at least ten days before the payment was due to be made. Once the notice has been
filed, the candidate may not remove or change the name of the additional payee without
filing with the board the written approval of the financial institution previously named.
new text end

new text begin Subd. 4. new text end

new text begin Payment for primary election. new text end

new text begin Within ten days after the close of filings
for office, the board must pay each participating candidate who has an opponent in a major
party primary a public subsidy equal to 25 percent of the candidate's spending limit.
new text end

new text begin Subd. 5. new text end

new text begin Payment for general election. new text end

new text begin As soon as the board has obtained from the
secretary of state the results of the primary election, but no later than one week after the
State Canvassing Board has certified the results of the primary, the board must pay to each
participating candidate whose name will appear on the ballot and who has an opponent in
the general election a public subsidy equal to 65 percent of the candidate's spending limit,
less any amount paid under subdivision 4.
new text end

new text begin Subd. 6. new text end

new text begin Payment to match excess spending. new text end

new text begin Within five days after receipt of a
report of excess spending under section 10A.20, subdivision 2, 6, or 6c, the board must
notify any participating opponent of the nonparticipating candidate of the amount of
increase in the spending limit of the participating candidate and pay the participating
candidate an additional public subsidy. The amount of this subsidy is equal to the amount
of the excess spending reported, subject to the limit in subdivision 8.
new text end

new text begin Subd. 7. new text end

new text begin Payment to match independent expenditures. new text end

new text begin (a) Within five days
after receipt of a notice of independent expenditures under section 10A.20, subdivision
2, 6, or 6c, the board must notify a participating candidate of the amount of increase
in the spending limit of the participating candidate and pay the participating candidate
an additional public subsidy as provided in this subdivision, subject to the limit in
subdivision 8.
new text end

new text begin (b) If the independent expenditure advocates the defeat of a participating candidate,
the board must pay a subsidy to the participating candidate equal to the independent
expenditure.
new text end

new text begin (c) If the independent expenditure advocates the election of a participating candidate,
the board must pay a subsidy to each participating opponent of the candidate equal to the
independent expenditure.
new text end

new text begin (d) If the independent expenditure advocates the election of a nonparticipating
candidate, the board must pay a subsidy to each participating opponent of the candidate.
The amount of the public subsidy is the amount by which the sum of campaign
expenditures by the nonparticipating candidate plus the independent expenditure exceeds
the public subsidy previously paid or due to the participating candidate.
new text end

new text begin (e) For purposes of this subdivision, before the primary election, "opponent" means
a candidate whose name is on the ballot for the primary of the same major party or, if
there is none, a candidate whose name will be on the ballot for the general election. If
an independent expenditure that advocates the election of a candidate is made before the
primary, and the candidate wins the primary, "opponent" also means any other candidate
whose name will appear on the ballot in the general election, but the notice required by
this subdivision need not be given and the public subsidy need not be paid until one week
after the State Canvassing Board has certified the results or the primary.
new text end

new text begin Subd. 8. new text end

new text begin Overall limit. new text end

new text begin The total public subsidy paid to a participating candidate
under this section may not exceed ten times the candidate's original spending limit.
new text end

Sec. 29.

new text begin [10A.3237] PUBLIC SUBSIDY TO POLITICAL PARTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin In each general election year there is appropriated
from the general fund a sum sufficient to pay the public subsidy provided for in this section.
new text end

new text begin Subd. 2. new text end

new text begin Certification. new text end

new text begin By February 1 of each general election year, the secretary of
state must certify to the board the name and mailing address of each major political party.
new text end

new text begin Subd. 3. new text end

new text begin Payment to state committee. new text end

new text begin By August 1 in each general election year,
the board must pay to the state committee of each major political party that has signed and
filed with the board a spending limit agreement under section 10A.322 a public subsidy of
$200,000, plus $200,000 if the state committee of any other major political party has not
likewise signed and filed with the board a spending limit agreement.
new text end

new text begin Subd. 4. new text end

new text begin Payment to legislative caucus. new text end

new text begin (a) By August 1 in each general election
year, the board must pay a public subsidy to each major political party caucus in a house of
the legislature that has a general election that year, if the caucus has at least ten members
in the senate or 20 members in the house of representatives and the caucus chair has
signed and filed with the board a spending limit agreement under section 10A.322. The
amount of the subsidy is $100,000, plus $100,000 if the chair of any other major political
party caucus in the same house with at least ten members in the senate or 20 members in
the house or representatives has not likewise signed and filed with the board a spending
limit agreement.
new text end

new text begin (b) A legislative major party caucus may, by a written notice filed with the board,
waive its right to all or part of its allocation under paragraph (a) and the board must
reallocate to the state committee the amount waived.
new text end

new text begin Subd. 5. new text end

new text begin Use of public subsidy. new text end

new text begin Money allocated to a party unit under subdivision
3 or 4 must be deposited in a separate account and must not be spent to support any
candidate who has not signed and filed with the board a spending limit agreement.
new text end

Sec. 30.

new text begin [10A.39] PUBLIC DEBATES.
new text end

new text begin As a condition of receiving a public subsidy, a candidate must agree to participate
in at least two public debates before the primary and at least two public debates before
the general election with the candidate's major political party opponents if a statewide
nonprofit, nonpartisan organization with experience in sponsoring the debates at the state
or national level offers to sponsor a debate between the candidate and the candidate's
major party opponents. For purposes of this section, "nonpartisan" means that the
organization does not endorse candidates, contribute to candidates, or make independent
expenditures and does not have any affiliate organizations that do. Disputes concerning
scheduling and conduct of debates must be mediated by the Bureau of Mediation Services.
new text end

Sec. 31.

Minnesota Statutes 2008, section 200.02, is amended by adding a subdivision
to read:


new text begin Subd. 25. new text end

new text begin Party unit. new text end

new text begin "Party unit" means the state committee or the party
organization within a house of the legislature, congressional district, county, legislative
district, municipality, or precinct.
new text end

Sec. 32.

Minnesota Statutes 2008, 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 a political party. The maximum refund for an
individual must not exceed deleted text begin $50deleted text end new text begin $100new text end and for a married couple, filing jointly, must not
exceed deleted text begin $100deleted text end new text begin $200new text end . 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 chair or treasurer of the party unit, 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 campaign finance and public
disclosure board upon its request. A claim must be filed with the commissioner no sooner
than January 1 of the calendar year in which the contribution was made and no later
than April 15 of the calendar year following the calendar year in which the contribution
was 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 was made must include interest at the rate specified in section 270C.405.

(b) No refund is allowed under this subdivision for a contribution to a candidate
unless the candidate:

(1) has signed new text begin and filed new text end an agreement to limit campaign expenditures as provided
in section 10A.322;

(2) is seeking an office for which voluntary spending limits are specified in section
10A.25; and

(3) has designated a principal campaign committee.

This subdivision does not limit the campaign expenditures of a candidate who does
not sign an agreement but accepts a contribution for which the contributor improperly
claims a refund.

new text begin No refund is allowed under this subdivision for a contribution to a political party or
party unit unless the state chair of the political party has signed and filed an agreement to
limit campaign expenditures as provided in section 10A.322.
new text end

new text begin No refund is allowed under this subdivision for a contribution to a party unit that is a
legislative party caucus unless the chair of the legislative party caucus has signed and filed
an agreement to limit campaign expenditures as provided in section 10A.322.
new text end

(c) For purposes of this subdivision, "political party" deleted text begin 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
deleted text end new text begin has
the meaning given it in section 10A.01, subdivision 29
new text end .

deleted text begin A "major party" or "minor party" includes the aggregate of that party's organization
within each house of the legislature, the state party organization, and the party organization
within congressional districts, counties, legislative districts, municipalities, and precincts
deleted text end new text begin
"Party unit" has the meaning given it in section 10A.01, subdivision 30
new text end .

"Candidate" means a candidate as defined in section 10A.01, subdivision 10, 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 campaign finance and public disclosure
board by each August 1 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.

(h) For a taxpayer who files a claim for refund via the Internet or other electronic
means, the commissioner may accept the number on the official receipt as documentation
that a contribution was made rather than the actual receipt as required by paragraph (a).

Sec. 33. new text begin TRANSITION.
new text end

new text begin Subdivision 1. new text end

new text begin Election cycle. new text end

new text begin Notwithstanding Minnesota Statutes, section 10A.01,
subdivision 16, the first election cycle begins on the effective date of sections 1 to 34 and
concludes on December 31 following the next general election for the office.
new text end

new text begin Subd. 2. new text end

new text begin Contribution limits. new text end

new text begin Contributions to a candidate that were made before
the effective date of sections 1 to 34 and were lawful when made need not be refunded,
even though they exceed the new limits on contributions in sections 1 to 34.
new text end

new text begin Subd. 3. new text end

new text begin Expenditure limits. new text end

new text begin All spending limit agreements filed with the
Campaign Finance and Public Disclosure Board before the effective date of sections 1
to 34 become void on that date 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 sections 1 to 34 apply to candidates who
sign and file with the Campaign Finance and Public Disclosure Board a new spending
limit agreement under Minnesota Statutes, section 10A.322, on or after the effective
date of sections 1 to 34.
new text end

Sec. 34. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 10A.25, subdivision 6; and 10A.31, subdivisions
1, 3, 3a, 5, 5a, 6, 6a, 7, 10, 10a, 10b, and 11,
new text end new text begin are repealed.
new text end

new text begin Minnesota Statutes 2009 Supplement, section 10A.31, subdivision 4, new text end new text begin is repealed.
new text end

Sec. 35. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 34 are effective the day following final enactment. The spending limits
in Minnesota Statutes, section 10A.25, subdivision 2, as amended by section 12, apply
to the general election in 2010 and must not be adjusted for inflation under Minnesota
Statutes, section 10A.255, until the 2012 election cycle.
new text end