1997 Minnesota Statutes

     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.  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.  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.  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