1997 Minnesota Statutes

     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