1997 Minnesota Statutes

     10A.20 Campaign reports. 

    Subdivision 1.  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.  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.  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.  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.  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.  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.  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.  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.  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.  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