1998 Minnesota Statutes

CHAPTER 10A. Ethics in government

     10A.01 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 10A.01 to 10A.34, the terms defined in this section have the 
 meanings given them unless the context clearly indicates 
 otherwise. 

    Subd. 2.    Administrative action.  "Administrative 
 action" means an action by any official, board, commission or 
 agency of the executive branch to adopt, amend, or repeal a rule 
 pursuant to chapter 14.  "Administrative action" does not 
 include the application or administration of an adopted rule, 
 except in cases of rate setting, power plant and powerline 
 siting and granting of certificates of need under chapter 116J.  

    Subd. 3.    Association.  "Association" means business, 
 corporation, firm, partnership, committee, labor organization, 
 club, or any other group of two or more persons, which includes 
 more than an immediate family, acting in concert. 

    Subd. 4.    Associated business.  "Associated business" 
 means any association in connection with which the individual is 
 compensated in excess of $50 except for actual and reasonable 
 expenses in any month as a director, officer, owner, member, 
 partner, employer or employee, or is a holder of securities 
 worth $2,500 or more at fair market value. 

    Subd. 5.    Candidate.  "Candidate" means an individual 
 who seeks nomination or election to any statewide or legislative 
 office for which reporting is not required under federal laws.  
 The term candidate shall also include an individual who seeks 
 nomination or election to supreme court, court of appeals, or 
 district court judgeships of the state.  An individual shall be 
 deemed to seek nomination or election if the individual has 
 taken the action necessary under the law of the state of 
 Minnesota to qualify for nomination or election, has received 
 contributions or made expenditures in excess of $100, or has 
 given implicit or explicit consent for any other person to 
 receive contributions or make expenditures in excess of $100, 
 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.24. 

    Subd. 6.    Board.  "Board" means the state campaign 
 finance and public disclosure board. 

    Subd. 7.    Contribution.  "Contribution" means a 
 transfer of funds or a donation in kind. 

    Contribution includes any loan or advance of credit to a 
 political committee, political fund, or principal campaign 
 committee, which loan or advance of credit is (a) forgiven, or 
 (b) paid by an individual or an association other than the 
 political committee, political fund, or principal campaign 
 committee to which the loan or advance of credit is made.  If an 
 advance of credit or a loan is forgiven or paid as provided in 
 this subdivision, it is a contribution in the year in which the 
 loan or advance of credit is made. 

    A contribution 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. 

    Contribution does not include services provided without 
 compensation by an individual volunteering personal time on 
 behalf of a candidate, ballot question, political committee or 
 political fund, or the publishing or broadcasting of news items 
 or editorial comments by the news media. 

    Subd. 7a.   Transfer of funds.  "Transfer of funds" or 
 "transfer" means money or negotiable instruments given by an 
 individual or association to a political committee, political 
 fund, or principal campaign committee for the purpose of 
 influencing the nomination or election of a candidate or for the 
 purpose of promoting or defeating a ballot question. 

    Subd. 7b.    Donation in kind.  "Donation in kind" means 
 anything of value other than money or negotiable instruments 
 given by an individual or association to a political committee, 
 political fund, or principal campaign committee for the purpose 
 of influencing the nomination or election of a candidate or for 
 the purpose of promoting or defeating a ballot question.  
 Donation in kind includes an approved expenditure. 

    Subd. 8.    Depository.  "Depository" means any bank, 
 savings association or credit union, organized under federal or 
 state law and transacting business within Minnesota. 

    Subd. 9.    Election.  "Election" means a primary, 
 special primary, general or special election. 

    Subd. 9a.    Election cycle.  "Election cycle" means the 
 period from January 1 following a general election for an office 
 to December 31 following the next general election for that 
 office, except that "election cycle" for a special election 
 means the period from the date the special election writ is 
 issued to 60 days after the special election is held. 

    Subd. 10.    Campaign expenditure.  "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. 

    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. 

    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. 

    Except as provided in clause (a), expenditure includes the 
 dollar value of a donation in kind. 

    Expenditure does not include: 

    (a) Noncampaign disbursements as defined in subdivision 
 10c; 

    (b) Transfers as defined in subdivision 7a; 

    (c) Services provided without compensation by an individual 
 volunteering personal time on behalf of a candidate, ballot 
 question, political committee, or political fund; or 

    (d) The publishing or broadcasting of news items or 
 editorial comments by the news media. 

    Subd. 10a.    Approved expenditure.  "Approved 
 expenditure" means an expenditure made on behalf of a candidate 
 by an entity other than the principal campaign committee of that 
 candidate, which expenditure is made with the authorization or 
 expressed or implied consent of, or in cooperation or in concert 
 with, or at the request or suggestion of that candidate, the 
 candidate's principal campaign committee or the candidate's 
 agent.  An approved expenditure is a contribution to that 
 candidate. 

    Subd. 10b.    Independent expenditure.  "Independent 
 expenditure" means an expenditure expressly advocating the 
 election or defeat of a clearly identified candidate, which 
 expenditure is made without the express or implied consent, 
 authorization, or cooperation of, and not in concert with or at 
 the request or suggestion of, any candidate or any candidate's 
 principal campaign committee or agent.  An independent 
 expenditure is not a contribution to that candidate.  An 
 expenditure by a political party or political party unit, as 
 defined in section 10A.275, subdivision 3, in a race where the 
 political party has a candidate on the ballot is not an 
 independent expenditure. 

    Subd. 10c.    Noncampaign disbursement.  "Noncampaign 
 disbursement" means a purchase or payment of money or anything 
 of value made, or an advance of credit incurred, by a political 
 committee, political fund, or principal campaign committee for 
 any of the following purposes: 

    (a) payment for accounting and legal services; 

    (b) return of a contribution to the source; 

    (c) repayment of a loan made to the political committee, 
 political fund, or principal campaign committee by that 
 committee or fund; 

    (d) return of a public subsidy; 

    (e) payment for food, beverages, entertainment, and 
 facility rental for a fundraising event; 

    (f) services for a constituent by a member of the 
 legislature or a constitutional officer in the executive branch, 
 performed from the beginning of the term of office to 
 adjournment sine die of the legislature in the election year for 
 the office held, and half the cost of services for a constituent 
 by a member of the legislature or a constitutional officer in 
 the executive branch performed from adjournment sine die to 60 
 days after adjournment sine die; 

    (g) a donation in kind given to the political committee, 
 political fund, or principal campaign committee for purposes 
 listed in clauses (e) and (f); 

    (h) payment for food and beverages provided to campaign 
 volunteers while they are engaged in campaign activities; 

    (i) payment of expenses incurred by elected or appointed 
 leaders of a legislative caucus in carrying out their leadership 
 responsibilities; 

    (j) payment by a principal campaign committee of the 
 candidate's expenses for serving in public office, other than 
 for personal uses; 

    (k) costs of child care for the candidate's children when 
 campaigning; 

    (l) fees paid to attend a campaign school; 

    (m) costs of a postelection party during the election year 
 when a candidate's name will no longer appear on a ballot or the 
 general election is concluded, whichever occurs first; 

    (n) interest on loans paid by a principal campaign 
 committee on outstanding loans; 

    (o) filing fees; 

    (p) post-general election thank-you notes or advertisements 
 in the news media; 

    (q) the cost of campaign material purchased to replace 
 defective campaign material, if the defective material is 
 destroyed without being used; 

    (r) transfers to a party unit as defined in section 
 10A.275, subdivision 3; and 

    (s) other purchases or payments specified in board rules or 
 advisory opinions as being for any purpose other than to 
 influence the nomination or election of a candidate or to 
 promote or defeat a ballot question. 

    The board shall determine whether an activity involves a 
 noncampaign disbursement within the meaning of this subdivision. 

    Subd. 11.    Lobbyist.  (a) "Lobbyist" means an 
 individual: 

    (1) engaged for pay or other consideration, or authorized 
 to spend money by another individual, association, political 
 subdivision, or public higher education system, who spends more 
 than five hours in any month or more than $250, not including 
 the individual's own travel 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; or 

    (2) who spends more than $250, not including 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 state, including an employee of any 
 of the public higher education systems; 

    (3) an elected local official; 

    (4) a nonelected local official or an employee of a 
 political subdivision acting in an official capacity, unless the 
 nonelected official or employee of a political subdivision 
 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 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; 

    (9) a stockholder of a family farm corporation as defined 
 in section 500.24, subdivision 2, who does not spend over $250, 
 excluding the stockholder's own travel expenses, in any year in 
 communicating with public officials; or 

    (10) 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. 

    Subd. 12.    Major political party.  "Major political 
 party" means a major political party as defined in section 
 200.02, subdivision 7. 

    Subd. 13.    Minor political party.  "Minor political 
 party" means any party other than a major political party: 

    (a) Under whose name in the last applicable general 
 election a candidate filed for legislative office and received 
 not less than ten percent of the vote for that office, or filed 
 for statewide office; or 

    (b) Which files a petition with the secretary of state 
 containing the names of 2,000 individuals registered to vote in 
 Minnesota and declaring that the signers desire that the party 
 be eligible to receive money from the state elections campaign 
 fund in the same manner as a major political party. 

    For the purposes of this chapter, all individuals who are 
 eligible to vote in areas where there is no permanent system of 
 registration shall be considered registered voters. 

    Subd. 14.  Repealed, 1976 c 307 s 35 

    Subd. 15.    Political committee.  "Political committee" 
 means any association as defined in subdivision 3 whose major 
 purpose is to influence the nomination or election of a 
 candidate or to promote or defeat a ballot question. 

    "Political committee" includes a major political party as 
 defined in subdivision 12, a minor political party as defined in 
 subdivision 13, and any principal campaign committee formed 
 pursuant to section 10A.19. 

    Subd. 16.    Political fund.  "Political fund" means any 
 accumulation of dues or voluntary contributions by an 
 association other than a political committee, which accumulation 
 is collected or expended for the purpose of influencing the 
 nomination or election of a candidate or for the purpose of 
 promoting or defeating a ballot question. 

    Subd. 17.    Political party.  "Political party" means 
 either a major political party or a minor political party. 

    Subd. 18.    Public official.  "Public official" means 
 any: 

    (a) member of the legislature; 

    (b) constitutional officer in the executive branch and the 
 officer's chief administrative deputy; 

    (c) member, chief administrative officer or deputy chief 
 administrative officer of a state board or commission which has 
 at least one of the following powers:  (i) the power to adopt, 
 amend or repeal rules, or (ii) the power to adjudicate contested 
 cases or appeals; 

    (d) commissioner, deputy commissioner, or assistant 
 commissioner of any state department as designated pursuant to 
 section 15.01; 

    (e) individual employed in the executive branch who is 
 authorized to adopt, amend or repeal rules or adjudicate 
 contested cases; 

    (f) executive director of the state board of investment; 

    (g) executive director of the Indian affairs intertribal 
 board; 

    (h) commissioner of the iron range resources and 
 rehabilitation board; 

    (i) commissioner of mediation services; 

    (j) deputy of any official listed in clauses (e) to (i); 

    (k) judge of the workers' compensation court of appeals; 

    (l) administrative law judge or compensation judge in the 
 state office of administrative hearings or referee in the 
 department of economic security; 

    (m) solicitor general or deputy, assistant or special 
 assistant attorney general; 

    (n) individual employed by the legislature as secretary of 
 the senate, legislative auditor, chief clerk of the house, 
 revisor of statutes, or researcher, legislative analyst, or 
 attorney in the office of senate counsel and research or house 
 research; 

    (o) member, regional administrator, division director, 
 general counsel, or operations manager of the metropolitan 
 council; 

    (p) the director of the racing commission, the director of 
 the gambling control board, the director of the state lottery, 
 and the deputy director of the state lottery; 

    (q) director of the division of alcohol and gambling 
 enforcement in the department of public safety; 

    (r) member or executive director of the higher education 
 facilities authority; 

    (s) member of the board of directors or president of the 
 Minnesota world trade center corporation; or 

    (t) member or chief administrator of a metropolitan agency. 

    Subd. 19.    Office holder.  "Office holder" means an 
 individual who holds any statewide or legislative office, except 
 a federal office for which candidates are required to report 
 under federal laws, state supreme court justice, and judges of 
 the court of appeals or district court. 

    Subd. 20.    Advance of credit.  "Advance of credit" 
 means any money owed for goods provided or services rendered.  
 An advance of credit is an expenditure or a noncampaign 
 disbursement in the year in which the goods or services are used 
 or consumed.  Advance of credit does not mean loan as defined in 
 subdivision 21. 

    Subd. 21.    Loan.  "Loan" means an advance of money or 
 anything of value made to a political committee, political fund, 
 or principal campaign committee. 

    Subd. 22.    Financial institution.  "Financial 
 institution" means a lending institution chartered by an agency 
 of the federal government or regulated by the commissioner of 
 commerce. 

    Subd. 23.    Ballot question.  "Ballot question" means a 
 question or proposition which is placed on the ballot and which 
 may be voted on by all voters of the state.  "Promoting or 
 defeating a ballot question" includes activities related to 
 qualifying the question for placement on the ballot.  

    Subd. 24.    State committee.  "State committee" means 
 the organization which, by virtue of the bylaws of a political 
 party, is responsible for the day-to-day operation of the 
 political party at the state level.  

    Subd. 25.    Local official.  "Local official" means a 
 person who holds elective office in a political subdivision or 
 who is appointed to or employed in a public position in a 
 political subdivision in which the person has authority to make, 
 to recommend, or to vote on as a member of the governing body, 
 major decisions regarding the expenditure or investment of 
 public money. 

    Subd. 26.    Metropolitan governmental unit.  
 "Metropolitan governmental unit" means any of the seven counties 
 in the metropolitan area as defined in section 473.121, 
 subdivision 2, a regional railroad authority established by one 
 or more of those counties under section 398A.03, a city with a 
 population of over 50,000 located in the seven-county 
 metropolitan area, the metropolitan council, a metropolitan 
 agency as defined in section 473.121, subdivision 5a, the 
 Minnesota state high school league, and Minnesota Technology, 
 Inc. 

    Subd. 27.    Political subdivision.  "Political 
 subdivision" means the metropolitan council, a metropolitan 
 agency as defined in section 473.121, subdivision 5a, a 
 municipality as defined in section 471.345, subdivision 1, the 
 Minnesota state high school league, and Minnesota Technology, 
 Inc. 

    Subd. 28.    Principal.  "Principal" means an individual 
 or association that:  

    (1) spends more than $500 in the aggregate in any calendar 
 year to engage a lobbyist, compensate a lobbyist, or authorize 
 the expenditure of money by a lobbyist; or 

    (2) is not included in clause (1) and spends a total of at 
 least $50,000 in any calendar year on efforts to influence 
 legislative action, administrative action, or the official 
 action of metropolitan governmental units, as described in 
 section 10A.04, subdivision 6.  

    Subd. 29.    Population.  "Population" means the 
 population established by the most recent federal census, by a 
 special census taken by the United States Bureau of the Census, 
 by an estimate made by the metropolitan council, or by an 
 estimate made by the state demographer under section 4A.02, 
 whichever has the latest stated date of count or estimate. 

    HIST: 1974 c 470 s 1; 1975 c 271 s 6; 1976 c 307 s 1-4; 1978 c 
 463 s 1-18; 1979 c 59 s 1-3; 1980 c 509 s 1; 1980 c 587 art 2 s 
 1-7; 1980 c 607 art 14 s 45 subd 1; art 17 s 1-8; 1980 c 614 s 
 40; 1980 c 615 s 60; 1981 c 29 art 7 s 1; 1981 c 346 s 1; 1981 c 
 356 s 248; 1982 c 424 s 130; 1983 c 247 s 5,6; 1983 c 258 s 10; 
 1983 c 289 s 114 subd 1; 1984 c 619 s 11; 1984 c 640 s 32; 1984 
 c 654 art 3 s 13; 1984 c 655 art 1 s 92; 1Sp1985 c 14 art 9 s 
 75; 1986 c 444; 1Sp1986 c 3 art 1 s 2; 1987 c 186 s 15; 1988 c 
 686 art 1 s 40; 1989 c 209 art 1 s 1,2; 1989 c 334 art 6 s 1; 
 1990 c 562 art 8 s 2; 1990 c 608 art 1 s 1-5; art 3 s 1-3; 1991 
 c 233 s 109; 1991 c 322 s 19; 1991 c 349 s 1,2; 1993 c 13 art 1 
 s 1; 1993 c 318 art 2 s 1-4; 1994 c 483 s 1; 1994 c 628 art 3 s 
 2; 1995 c 189 s 8; 1995 c 202 art 1 s 25; 1996 c 277 s 1; 1997 c 
 129 art 2 s 15; 1997 c 202 art 2 s 63; 1998 c 254 art 2 s 3 

     10A.02 Board of campaign finance and public disclosure. 

    Subdivision 1.    Membership.  There is hereby created a 
 state campaign finance and public disclosure board composed of 
 six members.  The members shall be appointed by the governor 
 with the advice and consent of three-fifths of both the senate 
 and the house of representatives acting separately.  If either 
 house fails to confirm the appointment of a board member within 
 45 legislative days after appointment or by adjournment sine 
 die, whichever occurs first, the appointment shall terminate on 
 the day following the 45th legislative day or on adjournment 
 sine die, whichever occurs first.  If either house votes not to 
 confirm an appointment, the appointment terminates on the day 
 following the vote not to confirm.  One member shall be a former 
 member of the legislature from a major political party different 
 from that of the governor; one member shall be a former member 
 of the legislature from the same political party as the 
 governor; two members shall be persons who have not been public 
 officials, held any political party office other than precinct 
 delegate, or been elected to public office for which party 
 designation is required by statute in the three years preceding 
 the date of their appointment; and the other two members shall 
 not support the same political party.  No more than three of the 
 members of the board shall support the same political party.  No 
 member of the board may currently serve as a lobbyist. 

    Subd. 2.    Vacancy; terms.  Any appointment to fill a 
 vacancy shall be made only for the unexpired term of a member 
 who is being replaced and the appointee shall meet the same 
 stated qualifications as the member being replaced.  The 
 membership terms, compensation, and removal of members on the 
 board shall be as provided in section 15.0575, except that the 
 extension of terms and the filling of vacancies shall be subject 
 to the advice and consent of the legislature in the same manner 
 as provided in subdivision 1. 

    Subd. 3.    Vote required.  The concurring vote of four 
 members of the board shall be required to decide any matter 
 before the board. 

    Subd. 4.    Officers.  The board shall elect from among 
 its members a chair, a vice-chair and a secretary.  The 
 secretary shall keep a record of all proceedings and actions by 
 the board.  Meetings of the board shall be at the call of the 
 chair or at the call of any four members of the board acting 
 together. 

    Subd. 5.    Executive director; staff.  The board shall 
 appoint an executive director who shall be in the unclassified 
 service.  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 shall serve at the pleasure of the board.  Expenses of 
 the board shall be approved by the chair or such other member as 
 the rules of the board may provide and the expenses shall then 
 be paid in the same manner as other state expenses are paid. 

    Subd. 6.  Repealed, 1976 c 134 s 79 

    Subd. 7.    Political activity.  All members and 
 employees of the board shall be subject to any provisions of law 
 regulating political activity by state employees.  In addition, 
 no member or employee of the board shall be a candidate for, or 
 holder of, (a) a national, state, congressional district, 
 legislative district, county or precinct office in a political 
 party, or (b) an elected public office for which party 
 designation is required by statute. 

    Subd. 8.    Duties.  The board shall: 

    (a) 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 shall 
 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) 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) 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) Develop a filing, coding, and cross-indexing system 
 consistent with the purposes of this chapter; 

    (e) 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.  Any individual 
 may copy a report or statement by hand or by duplicating machine 
 and the board shall provide duplicating services at cost for 
 this purpose.  No information copied from reports and statements 
 shall be sold or utilized by any individual or association for 
 any commercial purpose.  "Commercial purpose" does not include 
 purposes related to elections, political activities, or law 
 enforcement.  Any individual or association violating the 
 provisions of this clause may be subject to a civil penalty of 
 up to $1,000.  An individual who knowingly violates this 
 subdivision is guilty of a misdemeanor; 

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

    (g) Compile and maintain a current list and summary of all 
 statements or parts of statements pertaining to each candidate; 
 and 

    (h) Prepare and publish reports as it may deem appropriate. 

    Subd. 9.    Documents; information.  The executive 
 director of the board or the director's staff shall inspect all 
 material filed with the board as promptly as is necessary to 
 comply with the provisions of this chapter, and other provisions 
 of law requiring the filing of a document with the board.  The 
 executive director shall immediately notify the individual 
 required to file a document with the board if a written 
 complaint is filed with the board by any registered voter 
 alleging, or it otherwise appears, that a document filed with 
 the board is inaccurate or does not comply with the provisions 
 of this chapter, or that the individual has failed to file a 
 document required by this chapter.  The executive director and 
 staff may provide an individual required to file a document 
 under this chapter with factual information concerning the 
 limitations on corporate campaign contributions imposed by 
 section 211B.15. 

    Subd. 10.    Audits and investigations.  The board may 
 make audits and investigations with respect to statements and 
 reports which are filed or which should have been filed under 
 the provisions of this chapter.  In all matters relating to its 
 official duties, the board shall have the power to 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. 

    Subd. 11.    Violations; enforcement.  The board may 
 investigate any alleged violation of this chapter.  The board 
 shall investigate any violation which is alleged in a written 
 complaint filed with the board and, except for alleged 
 violations of section 10A.25 or 10A.27, shall within 30 days 
 after the filing of the complaint make a public finding of 
 whether or not there is probable cause to believe a violation 
 has occurred.  In the case of a written complaint alleging a 
 violation of section 10A.25 or 10A.27, the board shall either 
 enter a conciliation agreement or make a public finding of 
 whether or not there is probable cause, within 60 days of the 
 filing of the complaint.  The deadline for action on any written 
 complaint may be extended by majority vote of the board.  Within 
 a reasonable time after beginning an investigation of an 
 individual or association, the board shall notify that 
 individual or association of the fact of the investigation.  The 
 board shall make no finding of whether or not there is probable 
 cause to believe a violation has occurred without notifying the 
 individual or association of the nature of the allegations and 
 affording an opportunity to answer those allegations.  Any 
 hearing or action of the board concerning any complaint or 
 investigation other than a finding concerning probable cause or 
 a conciliation agreement shall be confidential.  Until the board 
 makes a public finding concerning probable cause or enters a 
 conciliation agreement: 

    (a) No member, employee, or agent of the board shall 
 disclose to any individual any information obtained by that 
 member, employee, or agent concerning any complaint or 
 investigation except as required to carry out the investigation 
 or take action in the matter as authorized by this chapter; and 

    (b) Any individual who discloses information contrary to 
 the provisions of this subdivision shall be guilty of a 
 misdemeanor.  Except as provided in section 10A.28, after the 
 board makes a public finding of probable cause the board shall 
 report that finding to the appropriate law enforcement 
 authorities. 

    Subd. 11a.    Data privacy.  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 
 which if disclosed would unfairly injure the reputation of an 
 innocent individual, the board may: 

    (a) Retain any such statement, document or other matter as 
 a private record, as "private" is defined in section 13.02, 
 subdivision 12, for a period of one year after which it shall be 
 destroyed; or 

    (b) Return any such statement, document or other matter to 
 the individual who supplied it to the board. 

    Subd. 12.    Advisory opinions.  (a) The board may issue 
 and publish advisory opinions on the requirements of this 
 chapter based upon real or hypothetical situations.  An 
 application for an advisory opinion may be made only by an 
 individual or association who wishes to use the opinion to guide 
 the individual's or the association's own conduct.  The board 
 shall issue written opinions on all such questions submitted to 
 it within 30 days after receipt of written application, unless a 
 majority of the board agrees to extend the time limit.  

    (b) A written advisory opinion issued by the board is 
 binding on the board in any subsequent board proceeding 
 concerning the person making or covered by the request and is a 
 defense in a judicial proceeding that involves the subject 
 matter of the opinion and is brought against the person making 
 or covered by the request unless: 

    (1) the board has amended or revoked the opinion before the 
 initiation of the board or judicial proceeding, has notified the 
 person making or covered by the request of its action, and has 
 allowed at least 30 days for the person to do anything that 
 might be necessary to comply with the amended or revoked 
 opinion; 

    (2) the request has omitted or misstated material facts; or 

    (3) the person making or covered by the request has not 
 acted in good faith in reliance on the opinion. 

    (c) A request for an opinion and the opinion itself are 
 nonpublic data.  The board, however, may publish an opinion or a 
 summary of an opinion, but may not include in the publication 
 the name of the requester, the name of a person covered by a 
 request from an agency or political subdivision, or any other 
 information that might identify the requester unless the person 
 consents to the inclusion. 

    Subd. 12a.    Rules.  If the board intends to apply 
 principles of law or policy announced in an advisory opinion 
 issued under subdivision 12 more broadly than to the individual 
 or association to whom the opinion was issued, the board must 
 adopt these principles or policies as rules under chapter 14. 

    Subd. 13.  The provisions of chapter 14 apply to the 
 board.  The board may adopt rules to carry out the purposes of 
 this chapter. 

    Subd. 14.  Notwithstanding the provisions of section 8.15, 
 the board must not be assessed the cost of legal services 
 rendered to it by the attorney general's office. 

    HIST: 1974 c 470 s 2; 1975 c 271 s 6; 1976 c 134 s 5; 1976 c 
 307 s 5-8; 1978 c 463 s 19-27; 1978 c 793 s 36; 1981 c 311 s 39; 
 1982 c 424 s 130; 1982 c 545 s 24; 1986 c 444; 1987 c 214 s 1; 
 1989 c 291 art 1 s 1; 1990 c 608 art 1 s 6; 1991 c 233 s 36; 
 1991 c 349 s 3-8; 1994 c 377 s 1; 1994 c 629 s 5; 1997 c 202 art 
 2 s 63 

     10A.03 Lobbyist registration. 

    Subdivision 1.    Filing of registration form.  Each 
 lobbyist shall file a registration form with the board within 
 five days after becoming a lobbyist. 

    Subd. 2.    Contents of form.  The registration form 
 shall be prescribed by the board and shall include (a) the name 
 and address of the lobbyist, (b) the principal place of business 
 of the lobbyist, (c) the name and address of each person, if 
 any, by whom the lobbyist is retained or employed or on whose 
 behalf the lobbyist appears, and (d) a general description of 
 the subject or subjects on which the lobbyist expects to lobby.  
 If the lobbyist lobbies on behalf of an association the 
 registration form shall include the name and address of the 
 officers and directors of the association. 

    Subd. 3.    Notice; late filing.  The board shall notify 
 by certified mail or personal service any lobbyist who fails to 
 file a registration form within five days after becoming a 
 lobbyist.  If a lobbyist fails to file a form within seven days 
 after receiving this notice, the board may impose a late filing 
 fee at $5 per day, not to exceed $100, commencing with the 
 eighth day after receiving notice.  The board shall further 
 notify by certified mail or personal service any lobbyist who 
 fails to file a form within 21 days of receiving a first notice 
 that the lobbyist may be subject to a criminal penalty for 
 failure to file the form.  A lobbyist who knowingly fails to 
 file a form within seven days after receiving a second notice 
 from the board is guilty of a misdemeanor. 

    HIST: 1974 c 470 s 3; 1975 c 271 s 6; 1978 c 463 s 28,29; 1986 
 c 444 

     10A.04 Lobbyist reports. 

    Subdivision 1.    Reports required.  Each lobbyist shall 
 file reports of the lobbyist's activities with the board as long 
 as the lobbyist continues to lobby.  A lobbyist may file a 
 termination statement at any time after ceasing to lobby. 

    Subd. 2.    Time of reports.  Each report shall cover 
 the time from the last day of the period covered by the last 
 report to 15 days prior to the current filing date.  The reports 
 shall be filed with the board by the following dates: 

    (a) January 15; 

    (b) April 15; and 

    (c) July 15.  

    Subd. 3.    Information supplied to lobbyist.  Each 
 person or association about whose activities a lobbyist is 
 required to report shall provide the information required by 
 sections 10A.03 to 10A.05 to the lobbyist no later than five 
 days before the prescribed filing date. 

    Subd. 4.    Information required.  (a) The report shall 
 include such information as the board may require from the 
 registration form and the information required by this 
 subdivision for the reporting period. 

    (b) Each lobbyist shall report the lobbyist's total 
 disbursements on lobbying, separately listing lobbying to 
 influence legislative action, lobbying to influence 
 administrative action, and lobbying to influence the official 
 actions of a metropolitan governmental unit, and a breakdown of 
 disbursements for each of those kinds of lobbying into 
 categories specified by the board, including but not limited to 
 the cost of publication and distribution of each publication 
 used in lobbying; other printing; media, including the cost of 
 production; postage; travel; fees, including allowances; 
 entertainment; telephone and telegraph; and other expenses. 

    (c) Each lobbyist shall report the amount and nature of 
 each honorarium, gift, loan, item or benefit, excluding 
 contributions to a candidate, equal in value to $5 or more, 
 given or paid to any public or local official by the lobbyist or 
 any employer or any employee of the lobbyist.  The list shall 
 include the name and address of each public or local official to 
 whom the honorarium, gift, loan, item or benefit was given or 
 paid and the date it was given or paid.  A lobbyist need report 
 only the aggregate amount and nature of food or beverages given 
 or made available to all members of the legislature or a house 
 of the legislature or to all members of a local legislative 
 body, along with the name of the legislative body and the date 
 it was given or made available. 

    (d) Each lobbyist shall report each original source of 
 funds in excess of $500 in any year used for the purpose of 
 lobbying to influence legislative action, each such source of 
 funds used to influence administrative action, and each such 
 source of funds used to influence the official action of 
 metropolitan governmental units.  The list shall include the 
 name, address and employer, or, if self-employed, the occupation 
 and principal place of business, of each payer of funds in 
 excess of $500. 

    Subd. 4a.    Minimal disbursements.  If in any reporting 
 period the lobbyist's reportable disbursements total not over 
 $100 and no honorarium, gift, loan, item or benefit equal in 
 value to $50 or more was given or paid to any public official, a 
 statement to that effect in lieu of the report may be filed for 
 that period.  The unreported disbursements shall be included in 
 the report for the following period, unless the total for that 
 period, including the carryover, is not over $100.  The January 
 15 report shall include all previously unreported disbursements, 
 even though the total for the year is not over $100. 

    Subd. 5.    Late filing.  The board shall notify by 
 certified mail or personal service any lobbyist who fails after 
 seven days after a filing date imposed by this section to file a 
 report or statement required by this section.  If a lobbyist 
 fails to file a report within seven days after receiving this 
 notice, the board may impose a late filing fee of $5 per day, 
 not to exceed $100, commencing with the eighth day after 
 receiving notice.  The board shall further notify by certified 
 mail or personal service any lobbyist who fails to file a report 
 within 21 days after receiving a first notice that the lobbyist 
 may be subject to a criminal penalty for failure to file the 
 report.  A lobbyist who knowingly fails to file such a report or 
 statement within seven days after receiving a second notice from 
 the board is guilty of a misdemeanor. 

    Subd. 6.    Lobbyist and principal reports.  (a) Each 
 principal shall report to the board as required in this 
 subdivision by March 15 for the preceding calendar year. 

    (b) Each principal shall report which of the following 
 categories includes the total amount, rounded to the nearest 
 dollar, spent by the principal during the preceding calendar 
 year to influence legislative action, administrative action, and 
 the official action of metropolitan governmental units: 

    (1) $501 to $50,000; 

    (2) $50,001 to $150,000; or 

    (3) $150,001 to $250,000. 

    (c) Beyond $250,000, each additional $250,000 constitutes 
 an additional category, and each principal shall report which of 
 the categories includes the total amount spent by the principal 
 for the purposes provided in this subdivision. 

    (d) The principal shall report under this subdivision a 
 total amount that includes: 

    (1) all direct payments by the principal to lobbyists in 
 Minnesota; 

    (2) all expenditures for advertising, mailing, research, 
 analysis, compilation and dissemination of information, and 
 public relations campaigns related to legislative action, 
 administrative action, or the official action of metropolitan 
 governmental units in Minnesota; and 

    (3) all salaries and administrative expenses attributable 
 to activities of the principal relating to efforts to influence 
 legislative action, administrative action, or the official 
 action of metropolitan governmental units in Minnesota. 

    Subd. 7.    Financial records.  The board may randomly 
 audit the financial records of lobbyists and principals required 
 to report under this section. 

    Subd. 8.    Reports by solicitors.  A lobbyist who 
 directly solicits and causes others to make aggregate 
 contributions to candidates or a caucus of the members of a 
 political party in a house of the legislature in excess of 
 $5,000 between January 1 of the election year and 25 days before 
 the primary or general election must file the information in the 
 report required by section 10A.20, subdivision 14, ten days 
 before the primary or general election.  This disclosure 
 requirement is in addition to the report required by section 
 10A.20, subdivision 14. 

    HIST: 1974 c 470 s 4; 1975 c 271 s 6; 1976 c 307 s 9,10; 1978 
 c 463 s 30-32; 1984 c 654 art 2 s 37; 1986 c 444; 1Sp1986 c 3 
 art 1 s 3; 1990 c 608 art 1 s 7-11; 1993 c 318 art 2 s 5; 1994 c 
 377 s 2 

     10A.05 Lobbyist report. 

    Within 30 days after each lobbyist filing date set by 
 section 10A.04, the executive director of the board shall report 
 to the governor, and the presiding officer of each house of the 
 legislature, the names of the lobbyists registered who were not 
 previously reported, the names of the persons or associations 
 whom they represent as lobbyists, the subject or subjects on 
 which they are lobbying, and whether in each case they lobby to 
 influence legislative or administrative action or both.  At the 
 same times, the executive director of the board shall report to 
 the governing body of each metropolitan governmental unit, the 
 names of the registered lobbyists who attempt to influence the 
 official action of metropolitan governmental units, the names of 
 the persons or associations whom they represent as lobbyists, 
 and the subject or subjects on which they are lobbying. 

    HIST: 1974 c 470 s 5; 1975 c 271 s 6; 1990 c 608 art 1 s 12 

     10A.06 Contingent fees prohibited. 

    No person may act as or employ a lobbyist for compensation 
 that is dependent upon the result or outcome of any legislative 
 or administrative action, or of the official action of a 
 metropolitan governmental unit.  A person who violates the 
 provisions of this section is guilty of a gross misdemeanor. 

    HIST: 1974 c 470 s 6; 1990 c 608 art 1 s 13 

     10A.065 Contributions and solicitations during 
  legislative session. 

    Subdivision 1.    Registered lobbyist contributions; 
 legislative session.  A candidate for the legislature or for 
 constitutional office, a candidate's principal campaign 
 committee, any other political committee with the candidate's 
 name or title, any committee authorized by the candidate, or a 
 political committee established by all or a part of the party 
 organization within a house of the legislature, shall not 
 solicit or accept a contribution on behalf of a candidate's 
 principal campaign committee, any other political committee with 
 the candidate's name or title, any committee authorized by the 
 candidate, or a political committee established by all or a part 
 of the party organization within a house of the legislature, 
 from a registered lobbyist, political committee, or political 
 fund during a regular session of the legislature.  

    Subd. 1a.    Party unit solicitations.  A political 
 party unit shall not solicit or receive at an event hosted by a 
 candidate for the legislature or by a candidate for 
 constitutional office a contribution from a lobbyist, political 
 committee, or political fund during a regular session of the 
 legislature. 

    Subd. 2.    Definition.  For purposes of this section, 
 "regular session" does not include a special session or the 
 interim between the two annual sessions of a biennium.  

    Subd. 3.    Civil penalty.  A candidate or political 
 committee that violates this section is subject to a civil fine 
 of up to $500.  If the board makes a public finding that there 
 is probable cause to believe a violation of this section has 
 occurred, the board shall bring an action, or transmit the 
 finding to a county attorney who shall bring an action, in the 
 district court of Ramsey county, to impose a civil fine as 
 prescribed by the board.  Fines paid under this section must be 
 deposited in the general fund in the state treasury. 

    Subd. 4.    Special election.  This section does not 
 apply to a candidate or a candidate's principal campaign 
 committee in a legislative special election during the period 
 beginning when the person becomes a candidate in the special 
 election and ending on the day of the special election. 

    Subd. 5.    Political committee.  Except as provided in 
 subdivision 1a, this section does not apply to a political 
 committee established by a state political party; by the party 
 organization within a congressional district, county, 
 legislative district, municipality, or precinct; by a candidate 
 for a judicial office; or to a member of such a political 
 committee acting solely on behalf of the committee. 

    HIST: 1990 c 608 art 3 s 4; 1991 c 349 s 9,10; 1993 c 318 art 
 2 s 6,7; 1994 c 377 s 3,4 

     10A.07 Conflicts of interest. 

    Subdivision 1.    Disclosure of potential conflicts.  A 
 public official or a local official elected to or appointed by a 
 metropolitan governmental unit who in the discharge of official 
 duties would be required to take an action or make a decision 
 that would substantially affect the official's financial 
 interests or those of an associated business, unless the effect 
 on the official is no greater than on other members of the 
 official's business classification, profession, or occupation, 
 shall take the following actions: 

    (1) prepare a written statement describing the matter 
 requiring action or decision and the nature of the potential 
 conflict of interest; 

    (2) deliver copies of the statement to the official's 
 immediate superior, if any; and 

    (3) if a member of the legislature or of the governing body 
 of a metropolitan governmental unit, deliver a copy of the 
 statement to the presiding officer of the body of service. 

    If a potential conflict of interest presents itself and 
 there is insufficient time to comply with clauses (1) to (3), 
 the public or local official shall orally inform the superior or 
 the official body of service or committee of the body of the 
 potential conflict.  

    Subd. 2.    Required actions.  If the official is not a 
 member of the legislature or of the governing body of a 
 metropolitan governmental unit, the superior shall assign the 
 matter, if possible, to another employee who does not have a 
 potential conflict of interest.  If there is no immediate 
 superior, the official shall abstain, if possible, in a manner 
 prescribed by the board from influence over the action or 
 decision in question.  If the official is a member of the 
 legislature, the house of service may, at the member's request, 
 excuse the member from taking part in the action or decision in 
 question.  If the official is not permitted or is otherwise 
 unable to abstain from action in connection with the matter, the 
 official shall file a statement describing the potential 
 conflict and the action taken.  A public official shall file the 
 statement with the board and a local official shall file the 
 statement with the governing body of the official's political 
 subdivision.  The statement must be filed within a week of the 
 action taken. 

    Subd. 3.    Interest in contract; local officials.  This 
 section does not apply to a local official with respect to a 
 matter governed by sections 471.87 and 471.88. 

    HIST: 1974 c 470 s 7; 1975 c 271 s 6; 1978 c 463 s 33; 1986 c 
 444; 1990 c 608 art 2 s 1 

     10A.071 Certain gifts by lobbyists and principals 
  prohibited. 

    Subdivision 1.    Definitions.  (a) The definitions in 
 this subdivision apply to this section. 

    (b) "Gift" means money, real or personal property, a 
 service, a loan, a forbearance or forgiveness of indebtedness, 
 or a promise of future employment, that is given and received 
 without the giver receiving consideration of equal or greater 
 value in return. 

    (c) "Official" means a public official, an employee of the 
 legislature, or a local official of a metropolitan governmental 
 unit. 

    Subd. 2.    Prohibition.  A lobbyist or principal may 
 not give a gift or request another to give a gift to an official.
 An official may not accept a gift from a lobbyist or principal. 

    Subd. 3.    Exceptions.  (a) The prohibitions in this 
 section do not apply if the gift is: 

    (1) a contribution as defined in section 10A.01, 
 subdivision 7; 

    (2) services to assist an official in the performance of 
 official duties, including but not limited to providing advice, 
 consultation, information, and communication in connection with 
 legislation, and services to constituents; 

    (3) services of insignificant monetary value; 

    (4) a plaque or similar memento recognizing individual 
 services in a field of specialty or to a charitable cause; 

    (5) a trinket or memento of insignificant value; 

    (6) informational material of unexceptional value; or 

    (7) food or a beverage given at a reception, meal, or 
 meeting away from the recipient's place of work by an 
 organization before whom the recipient appears to make a speech 
 or answer questions as part of a program. 

    (b) The prohibitions in this section do not apply if the 
 gift is given: 

    (1) because of the recipient's membership in a group, a 
 majority of whose members are not officials, and an equivalent 
 gift is given to the other members of the group; or 

    (2) by a lobbyist or principal who is a member of the 
 family of the recipient, unless the gift is given on behalf of 
 someone who is not a member of that family. 

    HIST: 1994 c 377 s 5 

     10A.08 Representation disclosure. 

    Any public official who represents a client for a fee 
 before any individual, board, commission or agency that has rule 
 making authority in a hearing conducted under chapter 14, shall 
 disclose the official's participation in the action to the board 
 within 14 days after the appearance.  The board shall notify by 
 certified mail or personal service any public official who fails 
 to disclose the participation within 14 days after the 
 appearance.  If the public official fails to disclose the 
 participation within seven days of this notice, the board may 
 impose a late filing fee of $5 per day, not to exceed $100, 
 commencing on the eighth day after receiving notice. 

    HIST: 1974 c 470 s 8; 1975 c 271 s 6; 1978 c 463 s 34; 1982 c 
 424 s 130; 1986 c 444 

     10A.09 Statements of economic interest. 

    Subdivision 1.    Time for filing.  Except for a 
 candidate for elective office in the judicial branch, an 
 individual shall 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; 

    (2) within 14 days after filing an affidavit of candidacy 
 or petition to appear on the ballot for an elective public 
 office or an elective local office in a metropolitan 
 governmental unit; 

    (3) 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 

    (4) 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. 

    Subd. 2.    Notification.  The secretary of state or the 
 appropriate county auditor, upon receiving an affidavit of 
 candidacy or petition to appear on the ballot from an individual 
 required by this section to file a statement of economic 
 interest, and any official who nominates or employs a public or 
 local official required by this section to file a statement of 
 economic interest, shall notify the board of the name of the 
 individual required to file a statement and the date of the 
 affidavit, petition, or nomination. 

    Subd. 3.    Notice of filing.  The board shall notify 
 the secretary of state or the appropriate county auditor and, 
 when necessary in the case of appointive office, the presiding 
 officer of the house that will approve or disapprove the 
 nomination, of the name of the individual who has filed a 
 statement of economic interest with the board, a copy of the 
 statement, and the date on which the statement was filed. 

    Subd. 4. Repealed, 1978 c 463 s 109 

    Subd. 5.    Form.  A statement of economic interest 
 required by this section shall be on a form prescribed by the 
 board.  The individual filing shall provide the following 
 information: 

    (a)  Name, address, occupation and principal place of 
 business; 

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

    (c) 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, and which interest is valued in excess of $2,500; or 
 (ii) an option to buy, which property has a fair market value of 
 $50,000 or more; 

    (d) 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, which 
 property has a fair market value of $50,000 or more.  Any 
 listing under clause (c) or (d) shall indicate the street 
 address and the municipality or the section, township, range and 
 approximate acreage, whichever applies, and the county wherein 
 the property is located; and 

    (e) A listing of any investments, ownership, or interests 
 in property connected with pari-mutuel horse racing in the 
 United States and Canada, including a race horse, in which the 
 individual directly or indirectly holds a partial or full 
 interest or an immediate family member holds a partial or full 
 interest. 

    Subd. 6.    Supplementary statement.  Each individual 
 who is required to file a statement of economic interest shall 
 file a supplementary statement on April 15 of each year that the 
 individual remains in office if information on the most recently 
 filed statement has changed.  The supplementary statement, if 
 required, shall include the amount of each honorarium in excess 
 of $50 received since the previous statement, together with the 
 name and address of the source of the honorarium.  A statement 
 of economic interest submitted by an officeholder shall be filed 
 with the statement submitted as a candidate. 

    Subd. 6a.    Local officials.  A local official required 
 to file a statement under this section shall file it with the 
 governing body of the official's political subdivision.  The 
 governing body shall maintain statements filed with it under 
 this subdivision as public data. 

    Subd. 7.    Late filing.  The board shall notify by 
 certified mail or personal service any individual who fails 
 within the prescribed time to file a statement of economic 
 interest required by this section.  If an individual fails to 
 file a statement within seven days after receiving this notice, 
 the board may impose a late filing fee of $5 per day, not to 
 exceed $100, commencing on the eighth day after receiving 
 notice.  The board shall further notify by certified mail or 
 personal service any individual who fails to file a statement 
 within 21 days after receiving a first notice that the 
 individual may be subject to a criminal penalty for failure to 
 file a statement.  An individual who fails to file a statement 
 within seven days after a second notice is guilty of a 
 misdemeanor. 

    Subd. 8.    Failure to file; suspension.  Any public 
 official, except a member of the legislature or a constitutional 
 officer, who is required to file a statement of economic 
 interest and fails to do so by the prescribed deadline shall be 
 suspended without pay by the board in the manner prescribed in 
 the contested case procedures in chapter 14. 

    HIST: 1974 c 470 s 9; 1975 c 271 s 6; 1976 c 307 s 11; 1978 c 
 463 s 35-37; 1982 c 424 s 130; 1983 c 214 s 30,31; 1983 c 305 s 
 3,4; 1986 c 444; 1989 c 334 art 6 s 2; 1990 c 608 art 2 s 2-4; 
 1991 c 233 s 109; 1997 c 202 art 2 s 6 

     10A.10 Penalty for false statements. 

    A report or statement required to be filed by sections 
 10A.02 to 10A.09 shall be signed and certified as true by the 
 individual required to file the report.  Any individual who 
 signs and certifies to be true a report or statement knowing it 
 contains false information or who knowingly omits required 
 information is guilty of a gross misdemeanor. 

    HIST: 1974 c 470 s 10; 1978 c 463 s 38; 1986 c 444 

     10A.11 Organization of political committees. 

    Subdivision 1.    Chair and treasurer.  Every political 
 committee shall have a chair and a treasurer.  Nothing in this 
 chapter shall prohibit them from being the same individual. 

    Subd. 2.    Vacancy in office of treasurer.  No 
 contribution shall be accepted and no expenditure shall be made 
 by or on behalf of a political committee at a time when there is 
 a vacancy in the office of treasurer. 

    Subd. 3.    Deputy treasurers.  The treasurer of a 
 political committee may appoint as many deputy treasurers as 
 necessary and shall be responsible for their accounts. 

    Subd. 4.    Depositories.  The treasurer of a political 
 committee may designate not more than two depositories in each 
 county in which a campaign is conducted. 

    Subd. 5.    Commingling.  No funds of a political 
 committee shall be commingled with any personal funds of 
 officers, members or associates of the committee. 

    Subd. 6. Repealed, 1978 c 463 s 109 

    Subd. 7.    Penalty.  Any person who knowingly violates 
 the provisions of this section is guilty of a misdemeanor. 

    HIST: 1974 c 470 s 11; 1978 c 463 s 39; 1986 c 444 

     10A.12 Political funds. 

    Subdivision 1.    Transfers must be from political fund. 
  No association other than a political committee shall 
 transfer more than $100 in aggregate in any one year to 
 candidates or political committees or make any approved or 
 independent expenditure or expenditure to promote or defeat a 
 ballot question unless the transfer or expenditure is made from 
 a political fund.  

    Subd. 2.    Commingling.  The contents of a political 
 fund shall not be commingled with any other funds or with the 
 personal funds of any officer or member of the fund. 

    Subd. 3.    Treasurer.  Each association which has a 
 political fund shall elect or appoint a treasurer of the 
 political fund. 

    Subd. 4.    Vacancy in office of treasurer.  No 
 contributions to the political fund shall be accepted and no 
 expenditures or transfers from the political fund shall be made 
 while the office of treasurer of the political fund is vacant. 

    Subd. 5.    Dues or membership fees.  Notwithstanding 
 subdivision 1, any association may, if not prohibited by other 
 law, deposit in its political fund money derived from dues or 
 membership fees.  Pursuant to section 10A.20, the treasurer of 
 the fund shall disclose the name of any member whose dues, 
 membership fees and contributions deposited in the political 
 fund together exceed $100 in any one year. 

    Subd. 6.    Penalty.  Any person who knowingly violates 
 the provisions of this section is guilty of a misdemeanor. 

    HIST: 1974 c 470 s 12; 1978 c 463 s 40-42; 1980 c 587 art 2 s 
 8; 1980 c 607 art 17 s 9; 1987 c 214 s 2 

     10A.13 Accounts which must be kept. 

    Subdivision 1.    List of accounts; penalty.  The 
 treasurer of a political committee or political fund shall keep 
 an account of: 

    (a) The sum of all contributions except any donation in 
 kind valued at $20 or less, made to the political committee or 
 political fund; 

    (b) The name and address of each source of a transfer made 
 to the political committee or political fund in excess of $20, 
 together with the date and amount of each; 

    (c) The name and address of each source of a donation in 
 kind valued in excess of $20, together with the date and amount; 

    (d) Each expenditure made by the committee or fund, 
 together with the date and amount; 

    (e) Each approved expenditure made on behalf of the 
 committee or fund, together with the date and amount; and 

    (f) The name and address of each political committee or 
 political fund to which transfers in excess of $20 have been 
 made, together with the date and amount. 

    Any individual who knowingly violates any provision of this 
 subdivision is guilty of a misdemeanor. 

    Subd. 2.    Receipts.  The treasurer shall obtain a 
 receipted bill, stating the particulars, for every expenditure 
 in excess of $100 made by, or approved expenditure in excess of 
 $100 made on behalf of, a political committee or political fund, 
 and for any expenditure or approved expenditure in a lesser 
 amount if the aggregate amount of lesser expenditures and 
 approved expenditures made to the same individual or association 
 during any year exceeds $100.  The treasurer shall preserve all 
 receipted bills and accounts required to be kept by this section 
 for four years. 

    HIST: 1974 c 470 s 13; 1978 c 463 s 43 

     10A.14 Registration of political committees and 
  political funds. 

    Subdivision 1.    Registration by treasurer.  The 
 treasurer of a political committee or political fund shall 
 register with the board by filing a statement of organization no 
 later than 14 days after the date upon which the committee or 
 fund has made a contribution, received contributions or made 
 expenditures in excess of $100.  

    Subd. 2.    Contents.  The statement of organization 
 shall include: 

    (a) the name and address of the political committee or 
 political fund; 

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

    (c) the name and address of the chair, the treasurer, and 
 any deputy treasurers; 

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

    (e) a statement as to whether the committee is a principal 
 campaign committee as authorized by section 10A.19, subdivision 
 1; and 

    (f) for political parties only, a list of categories of 
 substate units as defined in section 10A.27, subdivision 4. 

    Subd. 3.  Repealed, 1976 c 307 s 35 

    Subd. 4.    Notice of failure to file; penalty.  The 
 board shall notify by certified mail or personal service any 
 individual who fails to file a statement required by this 
 section.  If an individual fails to file a statement within 
 seven days after receiving a notice, the board may impose a late 
 filing fee of $5 per day, not to exceed $100, commencing with 
 the eighth day after receiving notice.  The board shall further 
 notify by certified mail or personal service any individual who 
 fails to file a statement within 21 days after receiving a first 
 notice that such individual may be subject to a criminal penalty 
 for failure to file the report.  An individual who knowingly 
 fails to file the statement within seven days after receiving a 
 second notice from the board is guilty of a misdemeanor. 

    HIST: 1974 c 470 s 14; 1975 c 271 s 6; 1976 c 307 s 12; 1978 c 
 463 s 44-46; 1979 c 59 s 4; 1986 c 444; 1993 c 318 art 2 s 8 

     10A.15 Contributions. 

    Subdivision 1.    Anonymous contributions.  No anonymous 
 contribution in excess of $20 shall be retained by any political 
 committee or political fund, but shall be forwarded to the board 
 and deposited in the general account of the state elections 
 campaign fund. 

    Subd. 2.    Source of contributions.  Every individual 
 who receives a contribution in excess of $20 for a political 
 committee or political fund shall, on demand of the treasurer, 
 inform the treasurer of the name and, if known, the address of 
 the source of the contribution, together with the amount of the 
 contribution and the date it was received. 

    Subd. 3.    Deposit in account.  All transfers received 
 by or on behalf of any candidate, political committee or 
 political fund shall be deposited in an account designated 
 "Campaign Fund of ..... (name of candidate, committee or 
 fund)."  All transfers shall be deposited promptly upon receipt 
 and, except for transfers received during the last three days of 
 any reporting period as described in section 10A.20, shall be 
 deposited during the reporting period in which they were 
 received.  Any transfer received during the last three days of a 
 reporting period shall be deposited within 72 hours of receipt 
 and shall be reported as received during the reporting period 
 whether or not deposited within that period.  Any deposited 
 transfer may be returned to the contributor within 60 days of 
 deposit.  A transfer deposited and not returned within 60 days 
 of that deposit shall be deemed for the purposes of this 
 chapter, to be accepted by the candidate, political committee or 
 political fund. 

    Subd. 3a.    Exceeding contribution limits.  No 
 treasurer of a principal campaign committee of a candidate shall 
 deposit any transfer which on its face exceeds the limit on 
 contributions to that candidate prescribed by section 10A.27 
 unless, at the time of deposit, the treasurer issues a check to 
 the source for the amount of the excess. 

    Subd. 3b.    Attributable contributions.  Contributions 
 made to a candidate or principal campaign committee that are 
 directed to that candidate or principal campaign committee by a 
 political fund or committee must be reported as attributable to 
 the political fund or committee and count toward the 
 contribution limits of that fund or committee specified in 
 section 10A.27, if the political fund or committee was organized 
 or is operated primarily to direct contributions other than from 
 its own funds to one or more candidates or principal campaign 
 committees.  The treasurer of the political fund or committee 
 shall advise the candidate or the candidate's principal campaign 
 committee if the contribution or contributions are not from the 
 funds of the political fund or the political committee and the 
 original source of the funds.  As used in this subdivision, the 
 term "direct" includes, but is not limited to, order, command, 
 control, or instruct.  A violation of this subdivision is a 
 violation of section 10A.29. 

    Subd. 3c.    Related committees.  An individual, 
 association, political committee, or political fund may 
 establish, finance, maintain, or control a political committee 
 or political fund.  One who does this is a "parent."  The 
 political committee or fund so established, financed, 
 maintained, or controlled is a "subsidiary."  If the parent is 
 an association, the association must create a political 
 committee or political fund to serve as the parent for reporting 
 purposes.  A subsidiary must report its contribution to a 
 candidate or principal campaign committee as attributable to its 
 parent, and the contribution is counted toward the contribution 
 limits in section 10A.27 of the parent as well as of the 
 subsidiary. 

    Subd. 4.    Penalty.  Any individual violating the 
 provisions of this section is guilty of a misdemeanor. 

    Subd. 5.    Lobbyist, political committee, or political 
 fund registration number on checks.  A contribution made to a 
 candidate by a lobbyist, political committee, or political fund 
 must show the name of the lobbyist, political committee, or 
 political fund and the number under which it is registered with 
 the board. 

    HIST: 1974 c 470 s 15; 1975 c 271 s 6; 1978 c 463 s 47; 1988 c 
 707 s 1; 1990 c 603 s 1; 1993 c 318 art 2 s 9,10 

     10A.16 Earmarking contributions prohibited. 

    An individual, political committee, or political fund may 
 not solicit or accept a contribution from any source with the 
 express or implied condition that the contribution or any part 
 of it be directed to a particular candidate other than the 
 initial recipient.  An individual, political committee, or 
 political fund who knowingly accepts any earmarked contribution 
 is guilty of a gross misdemeanor. 

    HIST: 1974 c 470 s 16; 1975 c 271 s 6; 1978 c 463 s 48; 1993 c 
 318 art 2 s 11 

     10A.17 Expenditures. 

    Subdivision 1.    Authorization.  No expenditure shall 
 be made by a political committee, political fund, or principal 
 campaign committee unless it is authorized by the treasurer or 
 deputy treasurer of that committee or fund. 

    Subd. 2.    Approved expenditures.  No individual or 
 association may make an approved expenditure of more than $20 
 without receiving written authorization as to the amount that 
 may be spent and the purpose of the expenditure from the 
 treasurer of the principal campaign committee of the candidate 
 who approved the expenditure. 

    Subd. 3.    Vouchers for petty cash.  The treasurer or 
 deputy treasurer of a political committee may sign vouchers for 
 petty cash of not more than $100 per week for statewide 
 elections or $20 per week for legislative elections to be used 
 for miscellaneous expenditures. 

    Subd. 4.    Independent solicitation or expenditure.  
 Any individual, political committee, or political fund who 
 independently solicits or accepts contributions or makes 
 independent expenditures on behalf of any candidate shall 
 publicly disclose that the expenditure is an independent 
 expenditure.  All written communications with those from whom 
 contributions are independently solicited or accepted or to whom 
 independent expenditures are made on behalf of a candidate, 
 shall contain a statement in conspicuous type that the activity 
 is an independent expenditure and is not approved by the 
 candidate nor is the candidate responsible for it.  Similar 
 language shall be included in all oral communications, in 
 conspicuous type on the front page of all literature and 
 advertisements published or posted, and at the end of all 
 broadcast advertisements made by that individual, political 
 committee or political fund on the candidate's behalf. 

    Subd. 5.    Penalty.  Any person who knowingly violates 
 the provisions of subdivision 2 is guilty of a misdemeanor.  A 
 person who knowingly violates the provisions of subdivision 4 or 
 falsely claims that an expenditure was an independent 
 expenditure is guilty of a gross misdemeanor. 

    HIST: 1974 c 470 s 17; 1978 c 463 s 49; 1986 c 444; 1993 c 318 
 art 2 s 12,13 

     10A.18 Bills when rendered and paid.  

    Every person who has a bill, charge or claim against any 
 political committee or political fund for any expenditure shall 
 render in writing to the treasurer of the committee or fund the 
 bill, charge or claim within 60 days after the material or 
 service is provided.  Failure to so present the bill, charge or 
 claim is a misdemeanor.  

    HIST: 1974 c 470 s 18 

     10A.19 Principal campaign committee. 

    Subdivision 1.    Single committee.  No candidate shall 
 accept contributions from any source, other than self, in 
 aggregate in excess of $100 or accept a public subsidy unless 
 the candidate designates and causes to be formed a single 
 principal campaign committee for each office sought.  A 
 candidate may not authorize, designate, or cause to be formed 
 any other political committee bearing the candidate's name or 
 title or otherwise operating under the direct or indirect 
 control of the candidate.  However, a candidate may be involved 
 in the direct or indirect control of a party unit as defined in 
 section 10A.275, subdivision 3. 

    A political committee bearing a candidate's name or title 
 or otherwise operating under the direct or indirect control of 
 the candidate, other than a principal campaign committee of the 
 candidate, may not accept contributions after May 21, 1993, and 
 must be dissolved by December 31, 1993.  

    Subd. 2.    Replacement of officers.  A candidate may at 
 any time without cause remove and replace the chair, treasurer, 
 deputy treasurer or any other officer of the candidate's 
 principal campaign committee. 

    HIST: 1974 c 470 s 19; 1976 c 307 s 13; 1978 c 463 s 50; 1986 
 c 444; 1993 c 318 art 2 s 14 

     10A.20 Campaign reports. 

    Subdivision 1.    First filing; duration.  The treasurer 
 of every political committee and political fund shall begin to 
 file the reports required by this section in the first year it 
 receives contributions or makes expenditures in excess of $100 
 and shall continue to file until the committee or fund is 
 terminated. 

    Subd. 2.    Time for filing.  The reports shall be filed 
 with the board on or before January 31 of each year and 
 additional reports shall be filed as required and in accordance 
 with clauses (a) and (b).  

    (a) In each year in which the name of the candidate is on 
 the ballot, the report of the principal campaign committee shall 
 be filed 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.  The 
 report due after a special election may be filed on January 31 
 following the special election if the special election is held 
 not more than 60 days before that date.  

    (b) In each general election year political committees and 
 political funds other than principal campaign committees shall 
 file reports ten days before a primary and general election.  

    If a scheduled filing date falls on a Saturday, Sunday or 
 legal holiday, the filing date shall be the next regular 
 business day. 

    Subd. 3.    Contents of report.  Each report under this 
 section shall disclose: 

    (a) The amount of liquid assets on hand at the beginning of 
 the reporting period; 

    (b) The name, address and employer, or occupation if 
 self-employed, of each individual, political committee or 
 political fund who within the year has made one or more 
 transfers or donations in kind to the political committee or 
 political fund, including the purchase of tickets for all fund 
 raising efforts, which in aggregate exceed $100 for legislative 
 or statewide candidates or ballot questions, together with the 
 amount and date of each transfer or donation in kind, and the 
 aggregate amount of transfers and donations in kind within the 
 year from each source so disclosed.  A donation in kind shall be 
 disclosed at its fair market value.  An approved expenditure is 
 listed as a donation in kind.  A donation in kind is considered 
 consumed in the reporting period in which it is received.  The 
 names of contributors shall be listed in alphabetical order; 

    (c) The sum of contributions to the political committee or 
 political fund during the reporting period; 

    (d) Each loan made or received by the political committee 
 or political fund within the year in aggregate in excess of 
 $100, continuously reported until repaid or forgiven, together 
 with the name, address, occupation and the principal place of 
 business, if any, of the lender and any endorser and the date 
 and amount of the loan.  If any loan made to the principal 
 campaign committee of a candidate is forgiven at any time or 
 repaid by any entity other than that principal campaign 
 committee, it shall be reported as a contribution for the year 
 in which the loan was made; 

    (e) Each receipt in excess of $100 not otherwise listed 
 under clauses (b) to (d); 

    (f) The sum of all receipts of the political committee or 
 political fund during the reporting period; 

    (g) The name and address of each individual or association 
 to whom aggregate expenditures, including approved expenditures, 
 have been made by or on behalf of the political committee or 
 political fund within the year in excess of $100, together with 
 the amount, date and purpose of each expenditure and the name 
 and address of, and office sought by, each candidate on whose 
 behalf the expenditure was made, identification of the ballot 
 question which the expenditure is intended to promote or defeat, 
 and in the case of independent expenditures made in opposition 
 to a candidate, the name, address and office sought for each 
 such candidate; 

    (h) The sum of all expenditures made by or on behalf of the 
 political committee or political fund during the reporting 
 period; 

    (i) The amount and nature of any advance of credit incurred 
 by the political committee or political fund, continuously 
 reported until paid or forgiven.  If any advance of credit 
 incurred by the principal campaign committee of a candidate is 
 forgiven at any time by the creditor or paid by any entity other 
 than that principal campaign committee, it shall be reported as 
 a donation in kind for the year in which the advance of credit 
 was incurred; 

    (j) The name and address of each political committee, 
 political fund, or principal campaign committee to which 
 aggregate transfers in excess of $100 have been made within the 
 year, together with the amount and date of each transfer; 

    (k) The sum of all transfers made by the political 
 committee, political fund, or principal campaign committee 
 during the reporting period; 

    (l) Except for contributions to a candidate or committee 
 for a candidate for office in a municipality as defined in 
 section 471.345, subdivision 1, the name and address of each 
 individual or association to whom aggregate noncampaign 
 disbursements in excess of $100 have been made within the year 
 by or on behalf of a principal campaign committee, political 
 committee, or political fund, together with the amount, date, 
 and purpose of each noncampaign disbursement; 

    (m) The sum of all noncampaign disbursements made within 
 the year by or on behalf of a principal campaign committee, 
 political committee, or political fund; 

    (n) The name and address of a nonprofit corporation that 
 provides administrative assistance to a political committee or 
 political fund as authorized by section 211B.15, subdivision 17, 
 together with the type of administrative assistance provided and 
 the aggregate fair market value of each type of assistance 
 provided to the political committee or political fund during the 
 reporting period; and 

    (o) A report filed under subdivision 2, clause (b), by a 
 political committee or political fund that is subject to 
 subdivision 14, must contain the information required by 
 subdivision 14, if the political committee or political fund has 
 solicited and caused others to make aggregate contributions 
 greater than $5,000 between January 1 of the general election 
 year and the end of the reporting period.  This disclosure 
 requirement is in addition to the report required by subdivision 
 14. 

    Subd. 3a.    Counties in legislative district.  The 
 reports of a principal campaign committee of a legislative 
 candidate required by this section shall list in a prominent 
 place on the first page of every report each county in which the 
 legislative district lies. 

    Subd. 4.    Period of report.  A report shall cover the 
 period from the last day covered by the previous report to seven 
 days prior to the filing date, except that the report due on 
 January 31 shall cover the period from the last day covered by 
 the previous report to December 31. 

    Subd. 5.    Preelection reports.  In any statewide 
 election any loan, contribution, or contributions from any one 
 source totaling $2,000 or more, or in any legislative election 
 totaling more than $400, received between the last day covered 
 in the last report prior to an election and the election shall 
 be reported to the board in one of the following ways: 

    (1) in person within 48 hours after its receipt; 

    (2) by telegram or mailgram within 48 hours after its 
 receipt; or 

    (3) by certified mail sent within 48 hours after its 
 receipt. 

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

    The 48-hour notice requirement does not apply with respect 
 to a primary if the statewide or legislative candidate is 
 unopposed in that primary. 

    Subd. 6.    Report when no committee.  Every candidate 
 who does not designate and cause to be formed a principal 
 campaign committee, and any individual who makes independent 
 expenditures or expenditures expressly advocating the approval 
 or defeat of a ballot question in aggregate in excess of $100 in 
 any year, shall file with the board a report containing the 
 information required by subdivision 3.  Reports required by this 
 subdivision shall be filed on the dates on which reports by 
 committees and funds are filed. 

    Subd. 6a.    Statement of independence.  Any individual, 
 political committee or political fund filing a report or 
 statement disclosing any independent expenditure pursuant to 
 subdivision 3 or 6 shall file with that report a sworn statement 
 that the expenditures so disclosed were not made with the 
 authorization or expressed or implied consent of, or in 
 cooperation or in concert with, or at the request or suggestion 
 of any candidate, any candidate's principal campaign committee 
 or agent. 

    Subd. 6b.    Independent expenditures; notice.  (a) 
 Within 24 hours after an individual, political committee, or 
 political fund makes or becomes obligated by oral or written 
 agreement to make an independent expenditure in excess of $100, 
 other than an expenditure by an association targeted to inform 
 solely its own dues-paying members of the association's position 
 on a candidate, the individual, political committee, or 
 political fund shall file with the board an affidavit notifying 
 the board of the intent to make the independent expenditure and 
 serve a copy of the affidavit on each candidate in the affected 
 race and on the treasurer of the candidate's principal campaign 
 committee.  The affidavit must contain the information with 
 respect to the expenditure that is required to be reported under 
 subdivision 3, paragraph (g); except that if an expenditure is 
 reported before it is made, the notice must include a reasonable 
 estimate of the anticipated amount.  Each new expenditure 
 requires a new notice. 

    (b) An individual or the treasurer of a political committee 
 or political fund who fails to give notice as required by this 
 subdivision, or who files a false affidavit of notice, is guilty 
 of a gross misdemeanor and is subject to a civil fine of up to 
 four times the amount of the independent expenditure stated in 
 the notice or of which notice was required, whichever is greater.

    Subd. 7.    Statement of inactivity.  If no contribution 
 is received or expenditure made by or on behalf of a candidate, 
 political fund or political committee during a reporting period, 
 the treasurer of the committee or fund shall file with the board 
 at the time required by this section a statement to that effect. 

    Subd. 8.    Exemption from disclosure.  The board shall 
 exempt any member of or contributor to any association, 
 political committee or political fund or any other individual 
 from the provisions of this section if the member, contributor 
 or other individual demonstrates by clear and convincing 
 evidence that disclosure would expose the member or contributor 
 to economic reprisals, loss of employment or threat of physical 
 coercion. 

    An association, political committee or political fund may 
 seek an exemption for all of its members or contributors if it 
 demonstrates by clear and convincing evidence that a substantial 
 number of its members or contributors would suffer a restrictive 
 effect on their freedom of association if members were required 
 to seek exemptions individually. 

    Subd. 9. Repealed, 1978 c 463 s 109 

    Subd. 10.    Exemption procedure.  Any individual, 
 association, political committee or political fund seeking an 
 exemption pursuant to subdivision 8 shall submit a written 
 application for exemption to the board.  The board, without 
 hearing, shall grant or deny the exemption within 30 days after 
 receiving an application, and shall issue a written order 
 stating the reasons for its action.  The board shall publish its 
 order in the State Register and give notice to all parties known 
 to the board to have an interest in the matter.  If the board 
 receives a written objection to its action from any party within 
 20 days after publication of its order and notification of 
 interested parties, the board shall hold a contested case 
 hearing on the matter.  Upon the filing of a timely objection 
 from the applicant, an order denying an exemption shall be 
 suspended pending the outcome of the contested case.  If no 
 timely objection is received the exemption shall continue to be 
 in effect until a written objection is filed with the board in a 
 succeeding election year.  The board by rule shall establish a 
 procedure so that any individual seeking an exemption may 
 proceed anonymously if the individual would be exposed to the 
 reprisals listed in subdivision 8 if the individual's identity 
 were to be revealed for the purposes of a hearing. 

    Subd. 11.    Prohibited activity; penalty.  No person or 
 association shall engage in economic reprisals or threaten loss 
 of employment or physical coercion against any person or 
 association because of that person's or association's political 
 contributions or political activity.  This subdivision shall not 
 apply to compensation for employment or loss of employment when 
 the political affiliation or viewpoint of the employee is a bona 
 fide occupational qualification of the employment.  Any person 
 or association which violates this subdivision is guilty of a 
 gross misdemeanor. 

    Subd. 12.    Failure to file; penalty.  The board shall 
 notify by certified mail or personal service any individual who 
 fails to file a statement required by this section.  If an 
 individual fails to file a statement due January 31 within seven 
 days after receiving a notice, the board may impose a late 
 filing fee of $5 per day, not to exceed $100, commencing on the 
 eighth day after receiving notice.  If an individual fails to 
 file a statement due before any primary or election within three 
 days of the date due, regardless of whether the individual has 
 received any notice, the board may impose a late filing fee of 
 $50 per day, not to exceed $500, commencing on the fourth day 
 after the date the statement was due.  The board shall further 
 notify by certified mail or personal service any individual who 
 fails to file any statement within 14 days after receiving a 
 first notice from the board that the individual may be subject 
 to a criminal penalty for failure to file a statement.  An 
 individual who knowingly fails to file the statement within 
 seven days after receiving a second notice from the board is 
 guilty of a misdemeanor. 

    Subd. 13.    Third party reimbursement.  An individual, 
 political committee, or political fund filing a report 
 disclosing an expenditure or noncampaign disbursement that must 
 be reported and itemized under subdivision 3, paragraph (g) or 
 (l), that is a reimbursement to a third party is required to 
 report the purpose of each expenditure or disbursement for which 
 the third party is being reimbursed.  An expenditure or 
 disbursement is a reimbursement to a third party if it is for 
 goods or services that were not directly provided by the 
 individual or association to whom the expenditure or 
 disbursement is made.  Third party reimbursements include 
 payments to credit card companies and reimbursement of 
 individuals for expenses they have incurred. 

    Subd. 14.    Reports by solicitors.  An individual, 
 association, political committee, or political fund, other than 
 a candidate or the members of a candidate's principal campaign 
 committee, that directly solicits and causes others to make 
 contributions to candidates or a caucus of the members of a 
 political party in a house of the legislature, that aggregate 
 more than $5,000 in a calendar year must file with the board a 
 report disclosing the amount of each contribution, the names of 
 the contributors, and to whom the contributions were given.  The 
 report for each calendar year must be filed with the board by 
 January 31 of the following year.  The report must cover the 
 accumulated contributions made or received during the calendar 
 year. 

    HIST: 1974 c 470 s 20; 1975 c 271 s 6; 1976 c 307 s 14-18; 
 1977 c 346 s 1; 1978 c 463 s 51-59; 1978 c 793 s 37; 1979 c 59 s 
 5; 1980 c 587 art 2 s 9,10; 1980 c 607 art 17 s 10,11; 1985 c 40 
 s 1; 1986 c 444; 1987 c 214 s 3,4; 1990 c 608 art 3 s 5-7; 1991 
 c 349 s 11,12; 1993 c 318 art 2 s 15-18; 1996 c 459 s 1; 1997 c 
 202 art 2 s 7 

  10A.21 Repealed, 1997 c 202 art 2 s 64 

     10A.22 Reports and statements. 

    Subdivision 1.    Signature; certification.  A report or 
 statement required by sections 10A.11 to 10A.34 to be filed by a 
 treasurer of a political committee or political fund, or by any 
 other individual, shall be signed and certified as true by the 
 individual required to file the report.  Any individual who 
 signs and certifies to be true a report or statement knowing it 
 contains false information or who knowingly omits required 
 information is guilty of a gross misdemeanor. 

    Subd. 2.  Repealed, 1976 c 307 s 35 

    Subd. 3.  Repealed, 1978 c 463 s 109 

    Subd. 4.    Listing by name of contributor.  The 
 treasurer shall list contributions from the same source under 
 the same name.  When a contribution received from any source in 
 a reporting period is added to previously reported unitemized 
 contributions from the same source and the aggregate exceeds the 
 disclosure threshold of section 10A.20, the name, address and 
 employer, or occupation if self-employed, of that source shall 
 then be listed on the prescribed schedule.  A candidate may 
 refuse to accept any contribution. 

    Subd. 5.    Allocation of expenditures.  A political 
 committee or political fund making an expenditure on behalf of 
 more than one candidate for state or legislative office shall 
 allocate the expenditure among the candidates on a reasonable 
 cost basis and report the allocation for each candidate. 

    Subd. 6.    Recordkeeping.  Each person required to file 
 any report or statement shall maintain records on the matters 
 required to be reported, including vouchers, canceled checks, 
 bills, invoices, worksheets, and receipts, which will provide in 
 sufficient detail the necessary information from which the filed 
 reports and statements may be verified, explained, clarified and 
 checked for accuracy and completeness.  The person shall keep 
 the records available for audit, inspection, or examination by 
 the board or its authorized representatives for four years from 
 the date of filing of the reports or statements or of changes or 
 corrections thereto.  Any person who knowingly violates any 
 provisions of this subdivision is guilty of a misdemeanor. 

    Subd. 7.    Statement required; penalty.  (a) The 
 treasurer of a political committee or political fund shall not 
 accept a contribution of more than $100 from an association not 
 registered in this state unless the contribution is accompanied 
 by a written statement which meets the disclosure and reporting 
 period requirements imposed by section 10A.20.  This statement 
 shall be certified as true and correct by an officer of the 
 contributing association.  The political committee or political 
 fund which accepts the contribution shall include a copy of the 
 statement with the report which discloses the contribution to 
 the board.  The provisions of this subdivision shall not apply 
 when a national political party transfers money to its affiliate 
 in this state. 

    (b) An unregistered association may provide the written 
 statement required by this subdivision to no more than three 
 political committees or political funds in any calendar year.  
 Each statement must cover at least the 30 days immediately 
 preceding and including the date on which the contribution was 
 made.  An unregistered association or an officer of it is 
 subject to a civil penalty up to $1,000 if the association or 
 its officer: 

    (1) fails to provide a written statement as required by 
 this subdivision; or 

    (2) fails to register after giving the written statement 
 required by this subdivision to more than three political 
 committees or political funds in any calendar year. 

    An officer of an association who violates this paragraph is 
 guilty of a misdemeanor. 

    Subd. 8.  Repealed, 1976 c 307 s 35 

    HIST: 1974 c 470 s 22; 1975 c 271 s 6; 1978 c 463 s 62-65; 
 1986 c 444; 1990 c 608 art 3 s 8 

     10A.23 Changes and corrections. 

    Any material changes in information previously submitted 
 and any corrections to a report or statement shall 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 
 shall identify the form and the paragraph containing the 
 information to be changed or corrected.  Any person who 
 willfully fails to report a material change or correction is 
 guilty of a gross misdemeanor. 

    HIST: 1974 c 470 s 23; 1975 c 271 s 6; 1976 c 307 s 20 

     10A.24 Dissolution or termination. 

    Subdivision 1.    Termination report.  No political 
 committee or political fund shall dissolve until it has settled 
 all of its debts and disposed of all its assets in excess of 
 $100 and filed a termination report.  "Assets" include credit 
 balances at vendors and physical assets such as computers and 
 postage stamps.  Physical assets must be listed at their fair 
 market value.  The termination report may be made at any time 
 and shall include all information required in periodic reports.  

    Subd. 2.    Termination allowed.  Notwithstanding 
 subdivision 1, after mailing notice to any remaining creditors 
 by certified mail, a political committee or political fund that 
 has debts incurred more than six years previously, has disposed 
 of all its assets, and has met the requirements of section 
 10A.20, subdivision 7, may file a termination report. 

    HIST: 1974 c 470 s 24; 1978 c 463 s 66; 1990 c 608 art 3 s 9; 
 1993 c 318 art 2 s 19 

     10A.241 Transfer of debts. 

    Notwithstanding any provisions of this chapter to the 
 contrary except as provided in this section, a candidate may 
 terminate the candidate's principal campaign committee for one 
 state office by transferring any debts of that committee to the 
 candidate's principal campaign committee for another state 
 office, provided that any outstanding unpaid bills or loans from 
 the committee being terminated are assumed and continuously 
 reported by the committee to which the transfer is being made 
 until paid or forgiven.  A loan that is forgiven is covered by 
 section 10A.20 and, for purposes of section 10A.324, is a 
 contribution to the principal campaign committee from which the 
 debt was transferred under this section. 

    HIST: 1986 c 475 s 1; 1991 c 199 art 2 s 1 

     10A.242 Dissolution of inactive committees and funds. 

    Subdivision 1.    Dissolution required.  A political 
 committee or political fund must be dissolved within 60 days 
 after receiving notice from the board that the committee has 
 become inactive.  The assets of the committee or fund must be 
 spent for the purposes authorized by section 211B.12 and other 
 applicable law or liquidated and deposited in the general 
 account of the state elections campaign fund within 60 days 
 after the board notifies the committee or fund that it has 
 become inactive.  

    Subd. 2.    Inactivity defined.  (a) A principal 
 campaign committee becomes inactive on the later of the 
 following dates: 

    (1) when six years have elapsed since the last election in 
 which the person was a candidate for the office sought or held 
 at the time the principal campaign committee registered with the 
 board; or 

    (2) when six years have elapsed since the last day on which 
 the individual for whom it exists served in an elective office 
 subject to this chapter. 

    (b) A committee or fund other than a principal campaign 
 committee becomes inactive when two years have elapsed since the 
 end of a reporting period during which the committee or fund 
 made an expenditure or disbursement requiring disclosure under 
 this chapter. 

    Subd. 3.    Remaining debts.  If a committee or fund 
 becomes inactive when it still has unpaid debts, the committee 
 or fund shall liquidate available assets to pay the debts.  If 
 insufficient assets exist to pay the debts, the board may set up 
 a payment schedule and allow the committee or fund to defer 
 dissolution until all debts are paid.  This section does not 
 extinguish debts incurred by the committee or fund. 

    HIST: 1990 c 608 art 3 s 10 

     10A.25 Limits on campaign expenditures. 

    Subdivision 1.    Governor and lieutenant governor 
 candidates.  For the purposes of sections 10A.11 to 10A.34 a 
 candidate for governor and a candidate for lieutenant governor, 
 running together, shall be deemed to be a single candidate.  
 Except as provided in subdivision 3, all expenditures made by 
 and all approved expenditures made on behalf of the candidate 
 for lieutenant governor shall be considered to be expenditures 
 by and approved expenditures on behalf of the candidate for 
 governor. 

    Subd. 2.    Maximum expenditures.  (a) In a year in 
 which an election is held for an office sought by a candidate, 
 no expenditures shall be made by the principal campaign 
 committee of that candidate, nor any approved expenditures made 
 on behalf of that candidate which expenditures and approved 
 expenditures result in an aggregate amount in excess of the 
 following: 

    (1) for governor and lieutenant governor, running together, 
 $1,626,691; 

    (2) for attorney general, $271,116; 

    (3) for secretary of state, state treasurer, and state 
 auditor, separately, $135,559; 

    (4) for state senator, $40,669; 

    (5) for state representative, $20,335. 

    (b) If a special election cycle occurs during a general 
 election cycle, expenditures by or on behalf of a candidate in 
 the special election do not count as expenditures by or on 
 behalf of the candidate in the general election. 

    (c) The expenditure limits in this subdivision for an 
 office are increased by ten percent for a candidate who is 
 running for that office for the first time and who has not run 
 previously for any other office whose territory now includes a 
 population that is more than one-third of the population in the 
 territory of the new office. 

    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 year, the amount of expenditures from all of the 
 candidate's principal campaign committees for statewide office 
 for that election year must be aggregated for purposes of the 
 application of the limits on campaign expenditures under 
 subdivision 2, clauses (a) to (c). 

    Subd. 3.    Endorsement of lieutenant governor.  
 Notwithstanding subdivision 2, clause (a), a candidate for 
 endorsement for the office of lieutenant governor at the 
 convention of a political party may make expenditures and 
 approved expenditures of $30,000 or five percent of the amount 
 in subdivision 2, clause (a), whichever is greater, to seek 
 endorsement.  This amount shall be in addition to the amount 
 which may be expended pursuant to subdivision 2, clause (a). 

    Subd. 4.    Expenditures before February 28, 1978.  The 
 limits prescribed in this section shall not apply to any 
 expenditure or approved expenditure made or advance of credit 
 incurred before February 28, 1978 unless the goods or services 
 for which they were made or incurred are consumed or used after 
 February 28, 1978. 

    Subd. 5.    Primary races.  Notwithstanding the limits 
 imposed by subdivision 2, the winning candidate in a contested 
 race in a primary who received fewer than twice as many votes as 
 any one of the candidate's opponents in that primary may make 
 aggregate expenditures and approved expenditures equal to 120 
 percent of the applicable amount as set forth in subdivision 2, 
 as adjusted by section 10A.255.  A candidate in a contested 
 primary race may not, under this subdivision, make aggregate 
 expenditures and approved expenditures of more than 100 percent 
 of the expenditure limits imposed by subdivision 2 until after 
 the primary. 

    Subd. 6.    Limit in nonelection year.  In any year 
 before an election year for the office held or sought, the 
 aggregate amount of expenditures by and approved expenditures on 
 behalf of a candidate for or holder of that office shall not 
 exceed 20 percent of the expenditure limit set forth in 
 subdivision 2. 

    Subd. 7.    Publication of expenditure limits.  On or 
 before December 31 of each nonelection year the board shall 
 determine and publish in the State Register the expenditure 
 limits for each office for the next calendar year as prescribed 
 by subdivision 2. 

    Subd. 8.  Repealed, 1978 c 463 s 109 

    Subd. 9.  Repealed, 1978 c 463 s 109 

    Subd. 10.    Effect of opponent's conduct.  (a) A 
 candidate who has agreed to be bound by the expenditure limits 
 imposed by this section as a condition of receiving a public 
 subsidy for the candidate's campaign is released from the 
 expenditure limits but remains eligible to receive a public 
 subsidy if the candidate has an opponent who does not agree to 
 be bound by the limits and receives contributions or makes or 
 becomes obligated to make expenditures during that election 
 cycle in excess of the following limits: 

    (1) up to ten days before the primary election, receipts or 
 expenditures equal to 20 percent of the expenditure limit for 
 that office as set forth in subdivision 2; or 

    (2) after ten days before the primary election, cumulative 
 receipts or expenditures during that election cycle equal to 50 
 percent of the expenditure limit for that office as set forth in 
 subdivision 2. 

    (b) A candidate who has not agreed to be bound by 
 expenditure limits, or the candidate's principal campaign 
 committee, shall file written notice with the board and provide 
 written notice to any opponent of the candidate for the same 
 office within 24 hours of exceeding the limits in paragraph (a), 
 clause (2).  The notice must state only that the candidate or 
 candidate's principal campaign committee has received 
 contributions or made or become obligated to make campaign 
 expenditures in excess of the limits in paragraph (a), clause 
 (2).  Upon receipt of the notice the candidate who has agreed to 
 be bound by the limits is no longer bound by the expenditure 
 limits. 

    Subd. 11.    Carryforward; disposition of other funds.  
 After all campaign expenditures and noncampaign disbursements 
 for an election cycle have been made, an amount up to 50 percent 
 of the expenditure limit for the office may be carried forward.  
 Any remaining amount up to the total amount of the public 
 subsidy from the state elections campaign fund and any public 
 matching subsidy must be returned to the state treasury for 
 credit to the general fund under section 10A.324.  Any remaining 
 amount in excess of the total public subsidy must be contributed 
 to the state elections campaign fund or a political party for 
 multicandidate expenditures as defined in section 10A.275. 

    Subd. 12.    Unused postage and credit balances carried 
 forward.  Postage that is purchased but not used during an 
 election cycle and credit balances at vendors that exceed a 
 combined total of $500 must be carried forward and counted as 
 expenditures during the election cycle during which they are 
 used. 

    Subd. 13.    Independent expenditures; limits increased. 
  (a) The expenditure limits in this section are increased by 
 the sum of independent expenditures made in opposition to a 
 candidate plus independent expenditures made on behalf of the 
 candidate's major political party opponents, other than 
 expenditures by an association targeted to inform solely its own 
 dues-paying members of the association's position on a candidate.

    (b) Within 48 hours after receipt of an expenditure report 
 or notice required by section 10A.20, subdivision 3, 6, or 6b, 
 the board shall notify each candidate in the race of the 
 increase in the expenditure limit for the candidates against 
 whom the independent expenditures have been made. 

    (c) Within three days after providing this notice, the 
 board shall pay each candidate against whom the independent 
 expenditures have been made, if the candidate is eligible to 
 receive a public subsidy and has raised twice the minimum match 
 required, an additional public subsidy equal to one-half the 
 independent expenditures.  The amount needed to pay the 
 additional public subsidy under this subdivision is appropriated 
 from the general fund to the board. 

    HIST: 1974 c 470 s 25; 1975 c 271 s 6; 1976 c 307 s 21-23; 
 1978 c 463 s 67-74; 1986 c 444; 1987 c 214 s 5,6; 1988 c 686 art 
 1 s 41; 1988 c 707 s 2; 1990 c 608 art 3 s 11-15; 1991 c 349 s 
 13-15; 1993 c 318 art 2 s 20-25; 1996 c 459 s 2 

     10A.255 Adjustment by consumer price index. 

    Subdivision 1.    Method of calculation.  The dollar 
 amounts provided in section 10A.25, subdivision 2, must be 
 adjusted for general election years as provided in this 
 section.  By June 1 of the general election year, the executive 
 director of the board shall determine the percentage increase in 
 the consumer price index from December of the year preceding the 
 last general election year to December of the year preceding the 
 year in which the determination is made.  The dollar amounts 
 used for the preceding general election year must be multiplied 
 by that percentage.  The product of the calculation must be 
 added to each dollar amount to produce the dollar limitations to 
 be in effect for the next general election.  The product must be 
 rounded up to the next highest whole dollar.  The index used 
 must be the revised consumer price index for all urban consumers 
 for the St. Paul-Minneapolis metropolitan area prepared by the 
 United States Department of Labor with 1982 as a base year. 

    Subd. 2.    Transitional period.  (a) The dollar amounts 
 provided in section 10A.25, subdivision 2, must be adjusted for 
 1988 in the manner provided in subdivision 1, except that the 
 percentage increase in the consumer price index must be 
 determined from April of 1986 to December of 1987 and the 
 adjustment must be calculated by the executive director by June 
 1, 1988. 

    (b) Except for the office of state representative in the 
 legislature, the dollar amounts provided in section 10A.25, 
 subdivision 2, must be adjusted for 1990 in the manner provided 
 in subdivision 1, except that the percentage increase in the 
 consumer price index must be determined from April of 1986 to 
 December of 1989 and the adjustment must be calculated by the 
 executive director by June 1, 1990. 

    Subd. 3.    Publication of expenditure limit.  By June 
 15 of each election year the board shall publish in the State 
 Register the expenditure limit for each office for that calendar 
 year under section 10A.25 as adjusted by this section. 

    HIST: 1980 c 587 art 3 s 3; 1987 c 214 s 7; 1988 c 707 s 3; 
 1990 c 608 art 3 s 16; 1991 c 349 s 16 

  10A.26 Repealed, 1978 c 463 s 109 

     10A.265 Freedom to associate and communicate. 

    Nothing in this chapter shall be construed as abridging the 
 right of an association to communicate with its members. 

    HIST: 1978 c 463 s 75 

     10A.27 Additional limitations. 

    Subdivision 1.    Contribution limits.  Except as 
 provided in subdivision 2, no candidate shall 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: 

    (a) to candidates for governor and lieutenant governor 
 running together, $2,000 in an election year for the office 
 sought and $500 in other years; 

    (b) to a candidate for attorney general, $1,000 in an 
 election year for the office sought and $200 in other years; 

    (c) to a candidate for the office of secretary of state, 
 state treasurer or state auditor, $500 in an election year for 
 the office sought and $100 in other years; 

    (d) to a candidate for state senator, $500 in an election 
 year for the office sought and $100 in other years; and 

    (e) to a candidate for state representative, $500 in an 
 election year for the office sought and $100 in the other year. 

    The following deliveries are not subject to the bundling 
 limitation in this subdivision: 

    (1) delivery of contributions collected by a member of the 
 candidate's principal campaign committee, such as a block worker 
 or a volunteer who hosts a fund raising event, to the 
 committee's treasurer; and 

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

    Subd. 2.    Contributions from political party units.  
 No candidate shall permit the candidate's principal campaign 
 committee to accept contributions from any political party units 
 in aggregate in excess of ten times the amount that may be 
 contributed to that candidate as set forth in subdivision 1. 

    Subd. 3.  Repealed, 1978 c 463 s 109 

    Subd. 4.    Definition of political party.  For the 
 purposes of this section, a political party means the aggregate 
 of the party organization within each house of the legislature, 
 the state party organization, and the party organization within 
 congressional districts, counties, legislative districts, 
 municipalities, and precincts. 

    Subd. 5.    Independent expenditures.  Nothing in this 
 section shall be construed as limiting independent expenditures 
 on behalf of a candidate. 

    Subd. 6. Repealed, 1993 c 318 art 2 s 51 

    Subd. 7.    Contributions and expenditures before February 
 28, 1978.  Contributions and approved expenditures made prior 
 to February 28, 1978 which are in excess of the limits imposed 
 by this section shall not be in violation of this section but 
 shall be disclosed as required by this chapter. 

    Subd. 8.    Loans.  No candidate shall permit the 
 candidate's principal campaign committee to accept a loan from 
 other than a financial institution for an amount in excess of 
 the contribution limits imposed by this section.  No candidate 
 shall permit the candidate's principal campaign committee to 
 accept any loan from a financial institution for which that 
 financial institution may hold any endorser of that loan liable 
 to pay any amount in excess of the amount that the endorser may 
 contribute to that candidate. 

    Subd. 9.    Transfers among committees; contributions from 
 certain candidates.  (a) A candidate or the treasurer of a 
 candidate's principal campaign committee shall not accept a 
 transfer or contribution from another candidate's principal 
 campaign committee or from any other committee bearing the 
 contributing candidate's name or title or otherwise authorized 
 by the contributing candidate, unless the contributing 
 candidate's principal campaign committee is being dissolved.  A 
 candidate's principal campaign committee shall not make a 
 transfer or contribution to another candidate's principal 
 campaign committee, except when the contributing committee is 
 being dissolved.  

    (b) A candidate's principal campaign committee shall not 
 accept a transfer or contribution from, or make a transfer or 
 contribution to, a committee associated with a person who seeks 
 nomination or election to the office of President, Senator, or 
 Representative in Congress of the United States. 

    (c) A candidate or the treasurer of a candidate's principal 
 campaign committee shall not accept a contribution from a 
 candidate for political subdivision office, unless the 
 contribution is from the personal funds of the candidate for 
 political subdivision office.  A candidate or the treasurer of a 
 candidate's principal campaign committee shall not make a 
 contribution from the principal campaign committee to a 
 candidate for political subdivision office. 

    Subd. 10.    Prohibited contributions.  A candidate who 
 accepts a public subsidy may not contribute to the candidate's 
 own campaign more than ten times the candidate's election year 
 contribution limit under subdivision 1. 

    Subd. 11.    Contributions from certain types of 
 contributors.  A candidate shall not permit the candidate's 
 principal campaign committee to accept a contribution from a 
 political committee other than a political party unit as defined 
 in section 10A.275, a political fund, a lobbyist, or a large 
 giver, 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.  For purposes of this 
 subdivision, "large giver" 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. 

    Subd. 12.    Contributions to other political committees 
 or funds.  The treasurer of a political committee or political 
 fund, other than a candidate's principal campaign committee or a 
 political party unit as defined in section 10A.275, shall not 
 permit the political committee or political fund to accept 
 aggregate contributions from an individual, political committee, 
 or political fund in an amount more than $100 a year. 

    HIST: 1974 c 470 s 27; 1976 c 307 s 24; 1978 c 463 s 76-82; 
 1978 c 793 s 38; 1986 c 444; 1990 c 608 art 3 s 17,18; 1991 c 
 349 s 17; 1993 c 318 art 2 s 26-31; 1Sp1993 c 3 s 2; 1996 c 305 
 art 1 s 1 

     10A.275 Multicandidate political party expenditures. 

    Subdivision 1.    Exceptions.  Notwithstanding any other 
 provisions of this chapter, the following expenditures by a 
 state political party, a party unit, or two or more party units 
 acting together, with at least one party unit being either:  the 
 state party organization or the party organization within a 
 congressional district, county, or legislative district, shall 
 not be considered contributions to or expenditures on behalf of 
 any candidate for the purposes of section 10A.25 or 10A.27, and 
 shall not be allocated to any candidates pursuant to section 
 10A.22, subdivision 5: 

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

    (b) 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; 

    (c) expenditures for any telephone conversation including 
 the names of three or more individuals whose names are to appear 
 on the ballot; 

    (d) expenditures for any political party fundraising effort 
 on behalf of three or more candidates; or 

    (e) expenditures for party committee staff member services 
 that benefit three or more candidates.  

    Subd. 2.    Application.  This section applies to a 
 political committee of a political party as defined in section 
 10A.27, subdivision 4. 

    Subd. 3.    Party unit.  For purposes of this section, 
 "party unit" means the party organization within each house of 
 the legislature; the state party organization; or the party 
 organization within a congressional district, county, 
 legislative district, municipality, or precinct. 

    HIST: 1978 c 463 s 83; 1983 c 216 art 1 s 1; 1990 c 608 art 3 
 s 19 

     10A.28 Penalty for exceeding limits. 

    Subdivision 1.    Candidate exceeding expenditure limits. 
  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 fine up to four times the amount which the expenditures 
 exceeded the limit. 

    Subd. 2.    Civil fine.  A candidate who permits the 
 candidate's principal campaign committee to accept contributions 
 in excess of the limits imposed by section 10A.27, and the 
 treasurer of a political fund or political committee, other than 
 a principal campaign committee, who permits the committee or 
 fund to accept contributions in excess of the limits imposed by 
 section 10A.27, shall be subject to a civil fine of up to four 
 times the amount by which the contribution exceeded the limits. 

    Subd. 3.    Conciliation agreement.  If the board finds 
 that there is reason to believe that excess expenditures have 
 been made or excess contributions accepted contrary to the 
 provisions of subdivision 1 or 2 the board shall make every 
 effort for a period of not less than 14 days after its finding 
 to correct the matter by informal methods of conference and 
 conciliation and to enter a conciliation agreement with the 
 person involved.  A conciliation agreement made pursuant to this 
 subdivision shall be a matter of public record.  Unless 
 violated, a conciliation agreement shall be a bar to any civil 
 proceeding under subdivision 4. 

    Subd. 4.    Civil action.  If the board is unable after 
 a reasonable time to correct by informal methods any matter 
 which constitutes probable cause to believe that excess 
 expenditures have been made or excess contributions accepted 
 contrary to subdivision 1 or 2, the board shall make a public 
 finding of probable cause in the matter.  After making a public 
 finding, the board shall bring an action, or transmit the 
 finding to a county attorney who shall 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 impose a civil fine as prescribed by the board 
 pursuant to subdivision 1 or 2.  All money recovered pursuant to 
 this section shall be deposited in the general fund of the state.

    HIST: 1974 c 470 s 28; 1975 c 271 s 6; 1978 c 463 s 84; 1986 c 
 444; 1990 c 608 art 3 s 20; 1993 c 318 art 2 s 32 

     10A.29 Circumvention prohibited. 

    Any attempt by an individual or association to circumvent 
 the provisions of this chapter by redirecting funds through, or 
 contributing funds on behalf of, another individual or 
 association is a gross misdemeanor. 

    HIST: 1974 c 470 s 29; 1978 c 463 s 85 

     10A.30 State elections campaign fund. 

    Subdivision 1.    Establishment.  There is hereby 
 established an account within the special revenue fund of the 
 state to be known as the "state elections campaign fund." 

    Subd. 2.    Separate account.  Within the state 
 elections campaign fund account there shall be maintained a 
 separate political party account for the state committee and the 
 candidates of each political party and a general account. 

    HIST: 1974 c 470 s 30; 1976 c 307 s 25; 1978 c 463 s 86; 1990 
 c 608 art 3 s 21; 1991 c 349 s 18 

     10A.31 Designation of income tax payments. 

    Subdivision 1.    Amount allowed.  Every individual 
 resident of Minnesota who files an income tax return or a renter 
 and homeowner property tax refund return with the commissioner 
 of revenue may designate on their original return that $5 shall 
 be paid from the general fund of the state into the state 
 elections campaign fund.  If a husband and wife file a joint 
 return, each spouse may designate that $5 shall be paid.  No 
 individual shall be allowed to designate $5 more than once in 
 any year. 

    Subd. 2.    Designation of account.  The taxpayer may 
 designate that the amount designated be paid into the account of 
 a political party or into the general account. 

    Subd. 3.    Form.  The commissioner of the department of 
 revenue shall provide on the first page of the income tax form 
 and the renter and homeowner property tax refund return a space 
 for the individual to indicate a wish to allocate $5 ($10 if 
 filing a joint return) from the general fund of the state to 
 finance election campaigns.  The form shall also contain 
 language prepared by the commissioner which permits the 
 individual to direct the state to allocate the $5 (or $10 if 
 filing a joint return) to:  (i) one of the major political 
 parties; (ii) any minor political party as defined in section 
 10A.01, subdivision 13, which qualifies under the provisions of 
 subdivision 3a; or (iii) all qualifying candidates as provided 
 by subdivision 7.  The renter and homeowner property tax refund 
 return shall include instructions that the individual filing the 
 return may designate $5 on the return only if the individual has 
 not designated $5 on the income tax return. 

    Subd. 3a.    Qualification of political parties.  A 
 major political party as defined in section 10A.01, subdivision 
 12, qualifies for inclusion on the income tax form and property 
 tax refund return as provided in subdivision 3, provided that it 
 qualifies as a major political party by July 1 of the taxable 
 year. 

    A minor political party as defined in section 10A.01, 
 subdivision 13 qualifies for inclusion on the income tax form 
 and property tax refund return as provided in subdivision 3, 
 provided that 

    (1)(a) if a petition is filed, it is filed by June 1 of the 
 taxable year; or 

    (b) if the party ran a candidate for statewide office, that 
 office must have been the office of governor and lieutenant 
 governor, secretary of state, state auditor, state treasurer, or 
 attorney general; and 

    (2) the secretary of state certifies to the commissioner of 
 revenue by July 1, 1984, and by July 1 of every odd-numbered 
 year thereafter the parties which qualify as minor political 
 parties under this subdivision.  

    A minor party shall be certified only if the secretary of 
 state determines that the party satisfies the following 
 conditions:  

    (a) the party meets the requirements of section 10A.01, 
 subdivision 13, and in the last applicable election ran a 
 candidate for the statewide offices listed in clause (1)(b) of 
 this subdivision; 

    (b) it is a political party, not a principal campaign 
 committee; 

    (c) it has held a state convention in the last two years, 
 adopted a state constitution, and elected state officers; and 

    (d) an officer of the party has filed with the secretary of 
 state a certification that the party held a state convention in 
 the last two years, adopted a state constitution, and elected 
 state officers. 

    Subd. 4.    Appropriation.  (a) The amounts designated 
 by individuals for the state elections campaign fund, less three 
 percent, are appropriated from the general fund and shall be 
 credited to the appropriate account in the state elections 
 campaign fund and annually appropriated for distribution as set 
 forth in subdivisions 5, 6 and 7.  An amount equal to three 
 percent shall be retained in the general fund for administrative 
 costs.  

    (b) In addition to the amounts in paragraph (a), $1,500,000 
 for each general election is appropriated from the general fund 
 to the general account of the state elections campaign fund. 

    Subd. 5.    Allocation to candidates.  In each calendar 
 year the money in the general account shall be allocated to 
 candidates as follows: 

    (1) 21 percent for the offices of governor and lieutenant 
 governor together; 

    (2) 3.6 percent for the office of attorney general; 

    (3) 1.8 percent each for the offices of secretary of state, 
 state auditor, and state treasurer; 

    (4) In each calendar year during the period in which state 
 senators serve a four-year term, 23-1/3 percent for the office 
 of state senator, and 46-2/3 percent for the office of state 
 representative; 

    (5) In each calendar year during the period in which state 
 senators serve a two-year term, 35 percent each for the offices 
 of state senator and state representative. 

    In each calendar year the money in each party account shall 
 be allocated as follows: 

    (1) 14 percent for the offices of governor and lieutenant 
 governor together; 

    (2) 2.4 percent for the office of attorney general; 

    (3) 1.2 percent each for the offices of secretary of state, 
 state auditor, and state treasurer; 

    (4) In each calendar year during the period in which state 
 senators serve a four-year term, 23-1/3 percent for the office 
 of state senator, and 46-2/3 percent for the office of state 
 representative; 

    (5) In each calendar year during the period in which state 
 senators serve a two-year term, 35 percent each for the offices 
 of state senator and state representative; 

    (6) Ten percent for the state committee of a political 
 party; money allocated to each state committee under this clause 
 must be deposited in a separate account and must be spent for 
 only those items enumerated in section 10A.275; money allocated 
 to a state committee under this clause must be paid to the 
 committee by the state treasurer as notified by the state 
 campaign finance and public disclosure board as it is received 
 in the account on a monthly basis, with payment on the 15th day 
 of the calendar month following the month in which the returns 
 were processed by the department of revenue, provided that these 
 distributions would be equal to 90 percent of the amount of 
 money indicated in the department of revenue's weekly unedited 
 reports of income tax returns and property tax refund returns 
 processed in the month, as notified by the department of revenue 
 to the state campaign finance and public disclosure board.  The 
 amounts paid to each state committee are subject to biennial 
 adjustment and settlement at the time of each certification 
 required of the commissioner of revenue under subdivisions 7 and 
 10.  If the total amount of payments received by a state 
 committee for the period reflected on a certification by the 
 department of revenue is different from the amount that should 
 have been received during the period according to the 
 certification, each subsequent monthly payment must be increased 
 or decreased to the fullest extent possible until the amount of 
 the overpayment is recovered or the underpayment is distributed. 

    To assure that moneys will be returned to the counties from 
 which they were collected, and to assure that the distribution 
 of those moneys rationally relates to the support for particular 
 parties or for particular candidates within legislative 
 districts, money from the party accounts for legislative 
 candidates shall be distributed as follows: 

    Each candidate for the state senate and state house of 
 representatives whose name is to appear on the ballot in the 
 general election shall receive money from the candidate's party 
 account set aside for candidates of the state senate or state 
 house of representatives, whichever applies, according to the 
 following formula; 

    For each county within the candidate's district the 
 candidate's share of the dollars allocated in that county to the 
 candidate's party account and set aside for that office shall be:

    (a) The sum of the votes cast in the last general election 
 in that part of the county in the candidate's district for all 
 candidates of that candidate's party (i) whose names appeared on 
 the ballot in each voting precinct of the state and (ii) for the 
 state senate and state house of representatives, divided by 

    (b) The sum of the votes cast in that county in the last 
 general election for all candidates of that candidate's party 
 (i) whose names appeared on the ballot in each voting precinct 
 in the state and (ii) for the state senate and state house of 
 representatives, multiplied by 

    (c) The amount in the candidate's party account allocated 
 in that county and set aside for the candidates for the office 
 for which the candidate is running. 

    The sum of all the county shares calculated in the formula 
 above is the candidate's share of the candidate's party account. 

    In a year in which an election for the state senate occurs, 
 with respect to votes for candidates for the state senate only, 
 "last general election" means the last general election in which 
 an election for the state senate occurred. 

    For any party under whose name no candidate's name appeared 
 on the ballot in each voting precinct in the state in the last 
 general election, amounts in the party's account shall be 
 allocated based on (a) the number of people voting in the last 
 general election in that part of the county in the candidate's 
 district, divided by (b) the number of the people voting in that 
 county in the last general election, multiplied by (c) the 
 amount in the candidate's party account allocated in that county 
 and set aside for the candidates for the office for which the 
 candidate is running. 

    In a year in which the first election after a legislative 
 reapportionment is held, "the candidate's district" means the 
 newly drawn district, and voting data from the last general 
 election will be applied to the area encompassing the newly 
 drawn district notwithstanding that the area was in a different 
 district in the last general election. 

    If in a district there was no candidate of a party for the 
 state senate or state house of representatives in the last 
 general election, or if a candidate for the state senate or 
 state house of representatives was unopposed, the vote for that 
 office for that party shall be the average vote of all the 
 remaining candidates of that party in each county of that 
 district whose votes are included in the sums in clauses (a) and 
 (b).  The average vote shall be added to the sums in clauses (a) 
 and (b) before the calculation is made for all districts in the 
 county. 

    Money from a party account not distributed to candidates 
 for state senator and representative in any election year shall 
 be returned to the general fund of the state.  Money from a 
 party account not distributed to candidates for other offices in 
 an election year shall be returned to the party account for 
 reallocation to candidates as provided in clauses (1) to (6) in 
 the following year.  Money from the general account refused by 
 any candidate shall be distributed to all other qualifying 
 candidates in proportion to their shares as provided in this 
 subdivision.  

    Subd. 6.    Distribution of party accounts.  As soon as 
 the board has obtained from the secretary of state the results 
 of the primary election, but in any event no later than one week 
 after certification by the state canvassing board of the results 
 of the primary, the board shall distribute the available funds 
 in each party account, as certified by the commissioner of 
 revenue on September 1, to the candidates of that party who have 
 signed the agreement as provided in section 10A.322 and filed 
 the affidavit required by section 10A.323, and whose names are 
 to appear on the ballot in the general election, according to 
 the allocations set forth in subdivision 5.  If a candidate 
 files the affidavit required by section 10A.323 after September 
 1 of the general election year, the board shall pay the 
 candidate's allocation to the candidate at the next regular 
 payment date for public subsidies for that election cycle that 
 occurs at least 15 days after the candidate files the affidavit. 

    Subd. 7.    Distribution of general account.  Within two 
 weeks after certification by the state canvassing board of the 
 results of the general election, the board shall distribute the 
 available funds in the general account, as certified by the 
 commissioner of revenue on November 1 and according to 
 allocations set forth in subdivision 5, in equal amounts to all 
 candidates for each statewide office who received at least five 
 percent of the votes cast in the general election for that 
 office, and to all candidates for legislative office who 
 received at least ten percent of the votes cast in the general 
 election for the specific office for which they were candidates, 
 provided that the public subsidy under this subdivision may not 
 be paid in an amount that would cause the sum of the public 
 subsidy paid from the party account plus the public subsidy paid 
 from the general account and the public subsidy paid to match 
 independent expenditures to exceed 50 percent of the expenditure 
 limit for the candidate.  If a candidate is entitled to receive 
 an opponent's share of the general account public subsidy under 
 section 10A.25, subdivision 10, the opponent's share must be 
 excluded in calculating the 50 percent limit.  Money from the 
 general account not paid to a candidate because of the 50 
 percent limit must be distributed equally among all other 
 qualifying candidates for the same office until all have reached 
 the 50 percent limit or the balance in the general account is 
 exhausted.  The board shall not use the information contained in 
 the report of the principal campaign committee of any candidate 
 due ten days before the general election for the purpose of 
 reducing the amount due that candidate from the general account. 

    Subd. 8. Repealed, 1993 c 318 art 2 s 51 

    Subd. 9. Repealed, 1993 c 318 art 2 s 51 

    Subd. 10.    Distribution.  In the event that on the 
 date of either certification by the commissioner of revenue as 
 provided in subdivisions 6 and 7, less than 98 percent of the 
 tax returns have been processed, the commissioner of revenue 
 shall certify to the board by December 1 the amount accumulated 
 in each account since the previous certification.  By December 
 15, the board shall distribute to each candidate according to 
 the allocations as provided in subdivision 5 the amounts to 
 which the candidates are entitled in the form of checks made 
 "payable to the campaign fund of ......(name of 
 candidate)......."  Any money accumulated after the final 
 certification shall be maintained in the respective accounts for 
 distribution in the next general election year. 

    Subd. 11.    Write-in candidate.  For the purposes of 
 this section, a write-in candidate is a candidate only upon 
 complying with the provisions of section 10A.322, subdivision 1. 

    Subd. 12.    Unopposed candidate not eligible.  A 
 candidate who is unopposed in both the primary election and the 
 general election is not eligible to receive a public subsidy 
 from the state election campaign fund.  The subsidy from the 
 party account the candidate would otherwise have been eligible 
 to receive must be paid to the candidate's political party to be 
 deposited in a special account under section 10A.31, subdivision 
 5, clause (6), and used for only those items permitted under 
 section 10A.275.  

    HIST: 1974 c 470 s 31; 1975 c 271 s 6; 1976 c 307 s 26-33; 
 1978 c 463 s 87-95; 1980 c 587 art 3 s 4-6; 1981 c 343 s 1; 1982 
 c 523 art 5 s 1; 1983 c 216 art 1 s 2; 1984 c 502 art 2 s 1,2; 
 1984 c 514 art 2 s 1; 1985 c 248 s 3; 1Sp1985 c 14 art 1 s 1,2; 
 1986 c 444; 1987 c 268 art 1 s 1-3; 1988 c 686 art 1 s 42; 
 1Sp1989 c 1 art 10 s 1; 1990 c 480 art 5 s 1; 1991 c 199 art 2 s 
 1; 1991 c 349 s 19,20; 1992 c 513 art 3 s 20; 1993 c 13 art 2 s 
 1; 1993 c 318 art 2 s 33-36; 1Sp1993 c 3 s 3,4; 1996 c 471 art 1 
 s 1; 1997 c 202 art 2 s 63 

     10A.315 Special election subsidy. 

    (a) Each eligible candidate for a legislative office in a 
 special election must be paid a public subsidy equal to the sum 
 of: 

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

    (2) the general account money paid to candidates for the 
 same office at the last general election.  

    (b) If the filing period for the special election coincides 
 with the filing period for the general election, the candidate 
 must meet the matching requirements of section 10A.323 and the 
 special election subsidy must be distributed in the same manner 
 as money is distributed to legislative candidates in a general 
 election. 

    (c) If the filing period for the special election does not 
 coincide with the filing period for the general election, the 
 procedures in this paragraph apply.  A candidate who wishes to 
 receive this public subsidy must submit a signed agreement under 
 section 10A.322 to the board not later than the day after the 
 candidate files the affidavit of candidacy or nominating 
 petition for the office.  The candidate must meet the matching 
 requirements of section 10A.323.  The special election subsidy 
 must be distributed in the same manner as money in the party and 
 general accounts is distributed to legislative candidates in a 
 general election. 

    (d) The amount necessary to make the payments required by 
 this subdivision is appropriated from the general fund to the 
 state treasurer. 

    HIST: 1990 c 608 art 3 s 22; 1993 c 318 art 2 s 38 

  10A.316 Never effective 

    10A.32 Subdivision 1.  Repealed, 1990 c 608 art 3 s 32 

    Subd. 2.  Repealed, 1990 c 608 art 3 s 32 

    Subd. 3.  Repealed, 1990 c 608 art 3 s 32 

    Subd. 3a.  Repealed, 1990 c 608 art 3 s 32 

    Subd. 3b.  Repealed, 1988 c 686 art 1 s 83; 1988 c 707 s 
 5 

    Subd. 4.  Repealed, 1990 c 608 art 3 s 32 

     10A.321 Estimates of minimum amounts to be received. 

    Subdivision 1.    Calculation and certification of 
 estimates.  The commissioner of revenue shall calculate and 
 certify to the board before July 1 in an election year an 
 estimate of the total amount in the state general account of the 
 state elections campaign fund and the amount of money each 
 candidate who qualifies, as provided in section 10A.31, 
 subdivisions 6 and 7, may receive from the candidate's party 
 account in the state elections campaign fund.  This estimate 
 must be based upon the allocations and formulas in section 
 10A.31, subdivision 5, any necessary vote totals provided by the 
 secretary of state to apply the formulas in section 10A.31, 
 subdivision 5, and the amount of money expected to be available 
 after 100 percent of the tax returns have been processed.  

    Subd. 2.    Publication, certification, and notification 
 procedures.  Before the first day of filing for office, the 
 board shall publish and forward to all filing officers the 
 estimates calculated and certified under subdivision 1 along 
 with a copy of section 10A.25, subdivision 10.  Within seven 
 days after the last day for filing for office, the secretary of 
 state shall certify to the board the name, address, office 
 sought, and party affiliation of each candidate who has filed 
 with that office an affidavit of candidacy or petition to appear 
 on the ballot.  The auditor of each county shall certify to the 
 board the same information for each candidate who has filed with 
 that county an affidavit of candidacy or petition to appear on 
 the ballot.  Within seven days afterward, the board shall 
 estimate the minimum amount to be received by each candidate who 
 qualifies, as provided in section 10A.31, subdivisions 6 and 7.  
 By August 15 the board shall notify all candidates of their 
 minimum amount.  The board shall include with the notice a form 
 for the agreement provided in section 10A.322 along with a copy 
 of section 10A.25, subdivision 10. 

    HIST: 1990 c 608 art 3 s 23 

     10A.322 Public subsidy agreements. 

    Subdivision 1.    Agreement by candidate.  (a) As a 
 condition of receiving a public subsidy, a candidate shall sign 
 and file with the board a written agreement in which the 
 candidate agrees that the candidate will comply with sections 
 10A.25 and 10A.324. 

    (b) Before the first day of filing for office, the board 
 shall forward agreement forms to all filing officers.  The board 
 shall also provide agreement forms to candidates on request at 
 any time.  The candidate may sign an agreement and submit it to 
 the filing officer on the day of filing an affidavit of 
 candidacy or petition to appear on the ballot, in which case the 
 filing officer shall without delay forward signed agreements to 
 the board.  Alternatively, the candidate may submit the 
 agreement directly to the board at any time before September 1 
 preceding the general election.  An agreement may not be filed 
 after that date.  An agreement once filed may not be rescinded. 

    (c) The board shall forward a copy of any agreement signed 
 under this subdivision to the commissioner of revenue.  

    (d) Notwithstanding any provisions of this section, when a 
 vacancy occurs that will be filled by means of a special 
 election and the filing period does not coincide with the filing 
 period for the general election, a candidate may sign and submit 
 a spending limit agreement at any time before the deadline for 
 submission of a signed agreement under section 10A.315. 

    Subd. 2.    How long agreement is effective.  The 
 agreement, insofar as it relates to the expenditure limits in 
 section 10A.25, as adjusted by section 10A.255, remains 
 effective for candidates until the dissolution of the principal 
 campaign committee of the candidate or the end of the first 
 election cycle completed after the agreement was filed, 
 whichever occurs first. 

    Subd. 3.    Estimate; actual amount.  For the purposes 
 of subdivisions 1 to 3 only, the total amount to be distributed 
 to each candidate is calculated to be the candidate's share of 
 the total estimated funds in the candidate's party account as 
 provided in section 10A.321, subdivision 1, plus the total 
 amount estimated as provided in section 10A.321, subdivision 1, 
 to be in the general account of the state elections campaign 
 fund and set aside for that office divided by the number of 
 candidates whose names are to appear on the general election 
 ballot for that office.  If for any reason the amount actually 
 received by the candidate is greater than the candidate's share 
 of the estimate, and the contributions thereby exceed the 
 difference, the agreement must not be considered violated. 

    Subd. 4.    Refund receipt forms; penalty.  The board 
 shall make available to a political party on request and to any 
 candidate 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) if the contribution is to a candidate, 
 that the candidate 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.  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. 

    HIST: 1990 c 608 art 3 s 24; 1991 c 291 art 6 s 1,2; 1993 c 
 318 art 2 s 39,40 

     10A.323 Matching requirements. 

    In addition to the requirements of section 10A.322, to be 
 eligible to receive a public subsidy under section 10A.31 a 
 candidate or the candidate's treasurer shall file an affidavit 
 with the board stating that during that calendar year the 
 candidate has accumulated contributions from persons eligible to 
 vote in this state in the amount indicated for the office 
 sought, counting only the first $50 received from each 
 contributor: 

    (1) candidates for governor and lieutenant governor running 
 together, $35,000; 

    (2) candidates for attorney general, $15,000; 

    (3) candidates for secretary of state, state treasurer, and 
 state auditor, separately, $6,000; 

    (4) candidates for the senate, $3,000; and 

    (5) candidates for the house of representatives, $1,500. 

    The affidavit must state the total amount of contributions 
 that have been received from persons eligible to vote in this 
 state and the total amount of those contributions received, 
 disregarding the portion of any contribution in excess of $50.  

    The candidate or the candidate's treasurer shall submit the 
 affidavit required by this section to the board in writing by 
 September 1 of the general election year to receive the payment 
 based on the results of the primary election, by September 15 to 
 receive the payment made October 1, by October 1 to receive the 
 payment made October 15, by November 1 to receive the payment 
 made November 15, and by December 1 to receive the payment made 
 December 15. 

    HIST: 1990 c 608 art 3 s 25; 1993 c 318 art 2 s 41; 1998 c 254 
 art 1 s 1 

     10A.324 Return of public subsidy. 

    Subdivision 1.    When return required.  A candidate 
 shall return all or a portion of the public subsidy received 
 from the state elections campaign fund or the public matching 
 subsidy received under section 10A.315, under the circumstances 
 in this section or section 10A.25, subdivision 11. 

    (a) To the extent that the amount of public subsidy 
 received by the candidate exceeds the expenditure limits for the 
 office held or sought, as provided in section 10A.25 and as 
 adjusted by section 10A.255, the treasurer of the candidate's 
 principal campaign committee shall return the excess to the 
 board. 

    (b) To the extent that the amount of public subsidy 
 received exceeds the aggregate of:  (1) actual expenditures made 
 by the principal campaign committee of the candidate; and (2) 
 approved expenditures made on behalf of the candidate, the 
 treasurer of the candidate's principal campaign committee shall 
 return an amount equal to the difference to the board. 

    Subd. 2.    Calculation.  Money in the account of the 
 principal campaign committee of a candidate on January 1 of the 
 election year for the office held or sought must be considered 
 contributions accepted by that candidate in that year for the 
 purposes of this subdivision.  The portion of contributions 
 accepted by a candidate in an election year that equals the 
 amount of noncampaign disbursements and contributions and 
 expenditures to promote or defeat a ballot question that are 
 made by that candidate in that year does not count toward the 
 aggregate contributions and approved expenditure limit imposed 
 by this section.  

    Subd. 3.    How return determined.  Whether or not a 
 candidate is required under subdivision 1 to return all or a 
 portion of the public subsidy must be determined from the report 
 required to be filed with the board by that candidate by January 
 31 of the year following an election.  For purposes of this 
 section, a transfer from a principal campaign committee to a 
 political party is considered to be a noncampaign disbursement.  
 The cost of postage that was not used during an election cycle 
 and payments that created credit balances at vendors at the 
 close of an election cycle are not considered expenditures for 
 purposes of determining the amount to be returned.  Any amount 
 required to be returned must be submitted in the form of a check 
 or money order and must accompany the report filed with the 
 board.  The board shall forward the check or money order to the 
 state treasurer for deposit in the general fund.  The amount 
 returned must not exceed the amount of public subsidy received 
 by the candidate. 

    Subd. 4.    Return not required.  A candidate whose 
 campaign spending is unlimited under conditions imposed by 
 section 10A.25, subdivision 10, and who certifies that the 
 candidate made campaign expenditures equal to the full amount of 
 the public financing received is not required to return any 
 portion of the money received from the state elections campaign 
 fund under the aggregate contribution limit provisions of this 
 section. 

    Subd. 5. Repealed, 1996 c 459 s 5 

    HIST: 1990 c 608 art 3 s 26; 1991 c 349 s 21; 1993 c 318 art 2 
 s 42-44 

     10A.325 Political party not having certain candidates. 

    If money has been accumulated in the state elections 
 campaign fund for the candidates of a political party, and the 
 party does not have a candidate in a general election for the 
 office of state senator or state representative, the party 
 account money allocated for the office for which there is no 
 candidate must be returned to the general fund of the state.  If 
 that party does not have a candidate in a general election for 
 any state constitutional office, the party account money 
 allocated for that office must be transferred to the state 
 general account of the state elections campaign fund for 
 reallocation to all of the candidate offices as provided in 
 section 10A.31, subdivision 5, and for distribution in that 
 election year to candidates as provided in section 10A.31, 
 subdivision 7.  

    HIST: 1990 c 608 art 3 s 27 

  10A.33 Repealed, 1990 c 608 art 3 s 32 

     10A.335 Legislative monitoring of tax checkoff. 

    For the purpose of determining whether the distribution 
 formula provided in section 10A.31, subdivision 5, (a) assures 
 that money will be returned to the counties from which they were 
 collected, and (b) continues to have a rational relation to the 
 support for particular parties or particular candidates within 
 legislative districts, it is the intention of this section that 
 future legislatures monitor, using statistical data provided by 
 the department of revenue, income tax returns and renter and 
 homeowner property tax refund returns on which $2, or in the 
 case of a joint return, $4, is designated for a political party. 

    HIST: 1978 c 463 s 103; 1983 c 216 art 1 s 3 

     10A.34 Remedies. 

    Subdivision 1.    Personal liability.  A person charged 
 with a duty under sections 10A.02 to 10A.34 shall be personally 
 liable for the penalty for failing to discharge it. 

    Subd. 1a.    Late filing fees.  The board may bring an 
 action in the district court in Ramsey county to recover any 
 late filing fee imposed pursuant to any provision of this 
 chapter.  All money recovered shall be deposited in the general 
 fund of the state. 

    Subd. 2.    Injunction.  The board or a county attorney 
 may seek an injunction in the district court to enforce the 
 provisions of sections 10A.02 to 10A.34. 

    Subd. 3.    Not a crime.  Unless otherwise provided, a 
 violation of sections 10A.02 to 10A.34 is not a crime. 

    HIST: 1974 c 470 s 34; 1975 c 271 s 6; 1978 c 463 s 104 

     10A.40 Legislative findings of fact; legislative intent. 

    Subdivision 1.    Campaign financing; findings of fact.  
 The legislature finds that: 

    (1) the spending on campaigns for congressional office has 
 increased to a disgraceful level and continues to rise; 

    (2) the need to raise campaign contributions has caused 
 Minnesota congressional candidates to aggressively solicit 
 contributions from special interest groups and out-of-state 
 sources, which diverts them from meeting Minnesota voters and 
 publicly debating the pressing issues of the day; 

    (3) the current practice of congressional campaign 
 contributions and spending, along with ethical scandals in 
 Washington, D.C., have created a public perception of political 
 corruption and undue influence by wealthy special interests; 

    (4) the United States Congress has debated necessary 
 reforms for years but has failed to act, and the Federal 
 Elections Campaign Act does not provide a means to encourage 
 congressional candidates to voluntarily limit the amount of 
 money they spend in campaigns; and 

    (5) as a consequence, Minnesota's representation in 
 Congress is jeopardized and the public's confidence in our 
 elected congressional representatives is weakened. 

    Subd. 2.    Purpose.  (a) In order to redress the 
 problems described in subdivision 1, it is necessary to 
 encourage congressional candidates to voluntarily limit the 
 amount of money they spend on campaigns.  A further purpose is 
 to achieve the same successful results in congressional 
 campaigns that have made Minnesota's state campaign spending 
 system a model for the nation in the 15 years since its adoption.

    (b) Laws 1990, chapter 608, article 4, is intended to 
 address the problems described in subdivision 1 as follows: 

    (1) by establishing voluntary limitations on campaign 
 spending, candidates are discouraged from escalating campaign 
 spending through the current means of financing campaigns, and 
 campaign spending will likely be curtailed; 

    (2) by providing an alternate source of financing, 
 congressional candidates will be less susceptible to political 
 corruption and less dependent on special interests, which will 
 enhance the public's confidence in their congressional 
 representatives; 

    (3) by allowing candidates to focus on public issues rather 
 than fundraising, the public will be better served in its 
 representation and its opportunity to select the better 
 candidate; 

    (4) by reducing the influence of special interest groups 
 and out-of-state contributions, the integrity of the process and 
 the confidence of the public in their public servants will be 
 enhanced; and 

    (5) as a consequence, Minnesota will build on the success 
 of its system of voluntary expenditure limits. 

    Subd. 3.    Legislative intent.  In enacting sections 
 10A.40 to 10A.51, the legislature intends to provide a system to 
 encourage voluntary campaign expenditure limits that, in concert 
 with the existing federal law and rules, will provide a 
 comprehensive system of campaign and election regulation.  The 
 legislature does not intend to enact legislation that is in 
 conflict with existing federal law, and does not intend to 
 regulate where specific federal laws have already been enacted. 

    HIST: 1990 c 608 art 4 s 1 

     10A.41 Definitions. 

    Subdivision 1.    Application.  The definitions in this 
 section apply to sections 10A.40 to 10A.51.  Where consistent 
 with federal law, the definitions in section 10A.01 also apply 
 to sections 10A.40 to 10A.51.  

    Subd. 2.    Authorized committee.  "Authorized committee"
 means the principal campaign committee or another political 
 committee designated and authorized by a congressional candidate 
 under United States Code, title 2, section 432, subsection 
 (e)(1), to receive contributions or make expenditures on behalf 
 of that congressional candidate. 

    Subd. 3.    Campaign expenditure; expenditure.  
 "Campaign expenditure" or "expenditure" means "expenditure" as 
 that term is defined under United States Code, title 2, section 
 431, paragraph (9). 

    Subd. 4.    Congressional candidate.  "Congressional 
 candidate" means an individual who seeks nomination or election 
 to the United States Senate or United States House of 
 Representatives from this state and who is a "candidate" as that 
 term is defined under United States Code, title 2, section 431, 
 paragraph (2).  A congressional candidate is not a "candidate" 
 as defined in section 10A.01, subdivision 5. 

    Subd. 5.    Contribution.  "Contribution" means a 
 "contribution" as that term is defined under United States Code, 
 title 2, section 431, paragraph (8). 

    Subd. 6.    Independent candidate.  "Independent 
 candidate" means a congressional candidate who is not the 
 candidate of a major political party, minor political party, or 
 new political party. 

    Subd. 7.    Minor political party.  "Minor political 
 party" means any political party under whose name in the last 
 state general election a candidate filed for statewide or 
 congressional office and received less than five percent but 
 more than three percent of the vote for that office. 

    Subd. 8.    New political party.  "New political party" 
 means a political party that is neither a major political party 
 nor a minor political party. 

    Subd. 9.    Political committee.  "Political committee" 
 means a "political committee" as that term is defined under 
 United States Code, title 2, section 431, paragraph (4).  
 "Political committee" includes a major political party, a minor 
 political party, a principal campaign committee, and an 
 authorized committee. 

    Subd. 10.    Principal campaign committee.  "Principal 
 campaign committee" means a political committee designated and 
 authorized by a congressional candidate under United States 
 Code, title 2, section 432, subsection (e)(1). 

    HIST: 1990 c 608 art 4 s 2 

     10A.42 Limitation on application. 

    The provisions of sections 10A.11 to 10A.24 relating to the 
 organization, registration, and administration of and reporting 
 and disclosure by political funds and political committees, 
 including principal campaign committees, do not apply to 
 congressional candidates and authorized committees of 
 congressional candidates.  The organization, registration, and 
 administration of and reporting and disclosure by authorized 
 committees of congressional candidates are governed by United 
 States Code, title 2, chapter 14. 

    HIST: 1990 c 608 art 4 s 3 

     10A.43 Expenditure limit agreement. 

    Subdivision 1.    Financial incentive.  (a) The state 
 treasurer shall pay a financial incentive to each congressional 
 candidate of a major political party or minor political party 
 whose name will appear on the ballot in a general or special 
 election, who has signed an agreement to limit campaign 
 expenditures as provided in this section, and who is abiding by 
 the agreement.  In the case of an independent or new political 
 party candidate, the congressional candidate must in addition 
 receive more than three percent of the vote cast at the general 
 election for the office sought.  An incentive is not payable to 
 a congressional candidate whose name appears only on the ballot 
 in a primary election, but an incentive paid to a candidate in a 
 general or special election may be used to pay expenses or 
 retire debt incurred in the primary campaign.  The state 
 treasurer shall distribute the financial incentive in the form 
 of a check made "payable to the campaign fund of ....(name of 
 candidate)....." 

    (b) The amount of the incentive is up to 25 percent of the 
 expenditure limit for a congressional candidate for the office 
 of United States senator and up to 25 percent of the expenditure 
 limit for a congressional candidate for the office of 
 representative in Congress. 

    Subd. 2.    Agreement.  As a condition of receiving an 
 incentive, a congressional candidate shall sign and file with 
 the board an agreement that the aggregate of expenditures made 
 by the authorized committees of the congressional candidate will 
 not exceed the expenditure limits in section 10A.44.  The 
 expenditure limits apply only to congressional candidates who 
 have agreed to be bound by the limits as a condition of 
 receiving an incentive for their campaigns. 

    Subd. 3.    Submission of agreement.  (a) Before the 
 first day of filing for office, the board shall forward 
 agreement forms to all filing officers.  The board shall also 
 make agreement forms available to congressional candidates on 
 request at any time. 

    (b) The congressional candidate may sign an agreement and 
 submit it, along with a copy of the candidate's federal 
 designation of a principal campaign committee, to the filing 
 officer on the day of filing an affidavit of candidacy or 
 petition to appear on the ballot, in which case the filing 
 officer shall without delay forward signed agreements to the 
 board.  Alternatively, for a general election the congressional 
 candidate may obtain an agreement form from the board and submit 
 the agreement, along with a copy of the candidate's federal 
 designation of a principal campaign committee, directly to the 
 board at any time before September 1 preceding the general 
 election.  

    (c) An agreement may not be signed or rescinded after 
 September 1 preceding the general election.  

    (d) The board shall forward a copy of any agreement signed 
 under this subdivision to the commissioner of revenue. 

    (e) Notwithstanding any provisions of this section, when a 
 vacancy in a congressional office 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 
 congressional candidate may sign and submit a spending limit 
 agreement at any time before one day after the candidate files 
 an affidavit of candidacy or nominating petition for the office. 

    Subd. 4.    How long agreement is effective.  The 
 agreement, insofar as it relates to the expenditure limits in 
 section 10A.44, remains effective for congressional candidates 
 until the termination of the authorized committees of the 
 congressional candidate, as provided under United States Code, 
 title 2, section 433(d), the day filings open for the next 
 succeeding election to the office held or sought at the time of 
 agreement, or the agreement is rescinded by the candidate within 
 the time limits provided by law, whichever occurs first. 

    Subd. 5.    Credit receipt forms; penalty.  The board 
 shall make available to a political party on request and to any 
 congressional candidate signing an agreement under this section 
 a supply of official credit receipt forms that state in boldface 
 type that (1) a contributor who is given a receipt form is 
 eligible to claim a credit as provided in section 290.06, 
 subdivision 23, and (2) if the contribution is to a 
 congressional candidate, that candidate has signed an agreement 
 to limit campaign expenditures as provided in this section.  A 
 congressional candidate who does not sign an agreement under 
 this section and who willfully issues an official credit receipt 
 form or a facsimile of one to any of the candidate's 
 contributors is guilty of a misdemeanor. 

    HIST: 1990 c 608 art 4 s 4; 1991 c 291 art 6 s 3,4; 1991 c 349 
 s 22-24 

     10A.44 Congressional campaign spending limits. 

    Subdivision 1.    Limits.  During the calendar year in 
 which an election is held for an office sought by a 
 congressional candidate, no expenditures may be made by the 
 authorized committees of that congressional candidate that 
 result in an aggregate amount in excess of the following: 

    (1) for United States senator, $3,400,000; and 

    (2) for representative in Congress, $425,000. 

    A congressional candidate whose name will appear on the 
 ballot in more than one general or special election in a year is 
 subject to a separate spending limit for each election.  For a 
 candidate for representative in Congress in a special election, 
 the expenditure limits apply during the ten months before and 
 the two months after the special election.  For purposes of 
 calculating aggregate expenditure amounts under this section, an 
 expenditure by an authorized committee of a congressional 
 candidate does not include an expenditure from an authorized 
 committee of a congressional candidate to a state political 
 party. 

    Subd. 2.    Adjustment by consumer price index.  (a) The 
 dollar amounts provided in subdivision 1 must be adjusted for 
 general election years as provided in this subdivision.  By June 
 1 of the general election year, the executive director of the 
 board shall determine the percentage increase in the consumer 
 price index from December of the year preceding the last general 
 election year to December of the year preceding the year in 
 which the determination is made.  The dollar amounts used for 
 the last general election year must be multiplied by that 
 percentage.  The product of the calculation must be added to 
 each dollar amount to produce the dollar limitations to be in 
 effect for the next general election and any special elections 
 for which filings open before a new limit is set.  The product 
 must be rounded up to the next highest whole dollar.  The index 
 used must be the revised consumer price index for all urban 
 consumers for the St. Paul-Minneapolis metropolitan area 
 prepared by the United States Department of Labor with 1982 as a 
 base year. 

    (b) The dollar amounts in subdivision 1 must be adjusted 
 for races in years subsequent to 1990 in the manner provided in 
 paragraph (a), and the last general election year must be 
 considered to be 1990 and the dollar amounts used for the last 
 general election year for the offices of United States senator 
 and representative in Congress must be $3,400,000 and $425,000 
 respectively. 

    (c) By June 15 of each year, the board shall publish in the 
 State Register the expenditure limit for each office for that 
 calendar year as adjusted under this subdivision. 

    Subd. 3.    Contested primary races.  Notwithstanding 
 the limits imposed by subdivisions 1 and 2, the winning 
 congressional candidate in a contested race in a primary who 
 receives less than twice as many votes as any one of the 
 candidate's opponents in that primary may make aggregate 
 expenditures equal to 120 percent of the applicable amount under 
 subdivisions 1 and 2. 

    Subd. 4.    Postelection year expenditures.  In any year 
 preceding or following an election year for the office held or 
 sought, the aggregate amount of expenditures on behalf of a 
 congressional candidate for or holder of that office must not 
 exceed 20 percent of the expenditure limit in subdivisions 1 and 
 2. 

    Subd. 5.    Limitation conditional.  (a) The expenditure 
 limits imposed by this section apply as provided by this 
 subdivision. 

    (b) If all the congressional candidates seeking an office 
 agree to be bound by the limits, no candidate may receive an 
 incentive, but all candidates are bound by the limits. 

    (c) If all major political party congressional candidates 
 seeking an office agree to be bound by the limits, no such 
 candidate of a major political party may receive an incentive, 
 but all such candidates are bound by the limits. 

    (d) If a candidate of a major political party, minor 
 political party or new political party, or an independent 
 candidate, (i) agrees to be bound by the limits, and (ii) has an 
 opponent who is a candidate of a major political party and who 
 declines to be bound by the limits, the candidate who agrees to 
 limits is eligible to receive an incentive and is not bound by 
 the limits. 

    Subd. 6.    Certain postelection costs.  After the 
 election, a congressional candidate who is not a congressional 
 incumbent and has been elected to Congress may spend an amount 
 up to ten percent of the limits under subdivision 1 or 2 to 
 defray transition costs, unless restricted by federal law.  This 
 money may be spent only for the costs of the transition that are 
 incurred between the election and the date on which the elected 
 candidate begins congressional service and cannot be used to 
 retire debts remaining from the primary or general election 
 campaign. 

    HIST: 1990 c 608 art 4 s 5; 1991 c 291 art 6 s 5; 1991 c 349 s 
 25-27 

     10A.45 Contribution and loan limits. 

    Contributions by or to a congressional candidate and loans 
 to a congressional candidate are governed by United States Code, 
 title 2, chapter 14. 

    HIST: 1990 c 608 art 4 s 6 

     10A.46 Multicandidate political party expenditures. 

    Multicandidate political party expenditures with respect to 
 congressional candidates are governed by United States Code, 
 title 2, section 431, paragraph (9).  

    HIST: 1990 c 608 art 4 s 7 

     10A.47 Penalty for exceeding limits. 

    Subdivision 1.    Expenditure limits.  A congressional 
 candidate subject to the expenditure limits in section 10A.44 
 who permits the candidate's authorized committees to make 
 aggregate expenditures on the candidate's behalf in excess of 
 the limits imposed by section 10A.44 is subject to a civil fine 
 of up to four times the amount by which the expenditures exceed 
 the limit. 

    Subd. 2.    Contribution limits.  A congressional 
 candidate who permits the candidate's authorized committees to 
 accept contributions in excess of the limits imposed under 
 United States Code, title 2, chapter 14, is subject to the 
 penalties imposed by United States Code, title 2, section 437g. 

    Subd. 3.    Conciliation agreements.  If the board finds 
 that there is reason to believe that excess expenditures have 
 been made contrary to subdivision 1, the board shall make every 
 effort for not less than 14 days after its finding to correct 
 the matter by informal methods of conference and conciliation 
 and to enter a conciliation agreement with the person involved.  
 A conciliation agreement made under this subdivision is a matter 
 of public record.  Unless violated, a conciliation agreement 
 bars any civil proceeding under subdivision 4. 

    Subd. 4.    Civil action.  If the board is unable after 
 a reasonable time to correct by informal methods any matter that 
 constitutes probable cause to believe that excess expenditures 
 have been made contrary to subdivision 1, the board shall make a 
 public finding of probable cause in the matter.  After making a 
 public finding, the board shall bring an action or transmit the 
 finding to a county attorney who shall bring an action to impose 
 a civil fine as prescribed by the board under subdivision 1.  An 
 action filed against a congressional candidate for United States 
 senator must be brought in the district court of Ramsey county.  
 An action filed against a congressional candidate for 
 representative in Congress may be brought in the district court 
 of a county within the congressional candidate's congressional 
 district or in the district court in Ramsey county.  All money 
 recovered under this section must be deposited in the state 
 treasury and credited to the general fund. 

    HIST: 1990 c 608 art 4 s 8 

     10A.48 Matching requirements. 

    In order to be eligible to receive a financial incentive, a 
 congressional candidate must provide evidence to the board of 
 contributions equal to the financial incentive.  Except as 
 otherwise provided by section 10A.49, when a candidate submits 
 an affidavit to the board showing contributions equal to at 
 least one-fourth of the incentive amount, that amount will be 
 paid to the candidate.  A candidate may receive the incentive at 
 any time during the calendar year in which the election is held, 
 after the certification of primary results, and may receive it 
 in quarters, or in larger portions if the candidate submits an 
 affidavit showing that a larger amount of contributions has been 
 made. 

    HIST: 1990 c 608 art 4 s 9 

     10A.49 Certification and distribution. 

    Subdivision 1.    Certification of eligible candidates.  
 Within one week after certification by the state canvassing 
 board of the results of the primary, the campaign finance and 
 public disclosure board shall certify to the state treasurer the 
 name of each major political party or minor political party 
 congressional candidate who is eligible to receive a financial 
 incentive. 

    Subd. 2.    Distribution of money after primary.  Within 
 two weeks after certification by the state canvassing board of 
 the results of the primary, the state treasurer shall pay an 
 incentive to each major political party or minor political party 
 congressional candidate who has signed an agreement as required 
 under section 10A.43 and is eligible to receive an incentive. 

    Subd. 3.    Independent and new party candidates.  
 Within two weeks after certification by the state canvassing 
 board of the results of the state general election, the state 
 treasurer shall pay an incentive to each independent or new 
 political party congressional candidate who has signed an 
 agreement as required under section 10A.43 and is eligible to 
 receive an incentive.  To be eligible to receive an incentive, 
 an independent or new party congressional candidate must receive 
 at least three percent of the vote cast at the general election 
 for the office sought. 

    Subd. 4.    Appropriation.  The amount necessary to pay 
 the incentives under this section is appropriated from the 
 general fund to the state treasurer.  

    HIST: 1990 c 608 art 4 s 10; 1993 c 13 art 1 s 6,7; 1997 c 202 
 art 2 s 63 

     10A.50 Return of financial incentive. 

    Subdivision 1.    When required.  A congressional 
 candidate shall return all or a portion of the financial 
 incentive received under the circumstances in this subdivision.  
 To the extent that the incentive received exceeds the aggregate 
 of actual expenditures made by the authorized committees of the 
 congressional candidate, the treasurer of the congressional 
 candidate's principal campaign committee shall return an amount 
 equal to the difference to the board.  

    Subd. 2.    How return determined.  Whether a 
 congressional candidate is required under subdivision 1 to 
 return all or a portion of the incentive received must be 
 determined from the report required to be filed with the 
 secretary of state by that congressional candidate by January 31 
 of the year following an election.  Any amount required to be 
 returned must be submitted in the form of a check or money order 
 and must accompany the report filed under section 10A.51.  The 
 secretary of state shall forward the check or money order to the 
 state treasurer for deposit in the general fund.  The amount 
 returned must not exceed the amount of incentive received by the 
 congressional candidate. 

    HIST: 1990 c 608 art 4 s 11 

     10A.51 Campaign reports. 

    A congressional candidate who agrees to be bound by the 
 expenditure limits in section 10A.44, as a condition of 
 receiving an incentive for the candidate's campaign, shall file 
 with the secretary of state all reports that the candidate or 
 the candidate's principal campaign committee treasurer acting 
 for the candidate is required to file under United States Code, 
 title 2, chapter 14.  The secretary of state shall forward 
 copies of the reports, within 30 days after they are received, 
 to the board. 

    HIST: 1990 c 608 art 4 s 12