Bill Text: MN SF661 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Campaign finance and public disclosure provisions modifications
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2013-05-24 - Secretary of State Chapter 138 [SF661 Detail]
Download: Minnesota-2013-SF661-Engrossed.html
Bill Title: Campaign finance and public disclosure provisions modifications
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2013-05-24 - Secretary of State Chapter 138 [SF661 Detail]
Download: Minnesota-2013-SF661-Engrossed.html
1.2relating to campaign finance; providing for additional disclosure; making various
1.3changes to campaign finance and public disclosure law; expanding jurisdiction of
1.4Campaign Finance and Public Disclosure Board; expanding definition of public
1.5official;amending Minnesota Statutes 2012, sections 10A.01, subdivisions 10,
1.611, 16, 27, 28, 35, by adding subdivisions; 10A.02, subdivisions 9, 10, 11, 12,
1.715; 10A.025, subdivisions 2, 3, 4; 10A.04, subdivision 5; 10A.105, subdivision
1.81; 10A.12, subdivisions 1, 1a, 2; 10A.121; 10A.14, subdivision 1, by adding a
1.9subdivision; 10A.15, subdivisions 1, 3; 10A.16; 10A.20, subdivisions 1, 2, 3, 4,
1.105, 6, 7, 12, by adding a subdivision; 10A.241; 10A.242, subdivision 1; 10A.25,
1.11subdivisions 2, 2a, 3, 3a; 10A.257, subdivision 1; 10A.27, subdivisions 1, 9, 10,
1.1211, 13, 14, 15; 10A.273, subdivisions 1, 4; 10A.30; 10A.31, subdivisions 1, 4, 7;
1.1310A.315; 10A.321, subdivision 1; 10A.322, subdivision 4; 10A.323; 10A.324,
1.14subdivision 1; 211B.32, subdivision 1; 211B.37; proposing coding for new law
1.15in Minnesota Statutes, chapter 10A; repealing Minnesota Statutes 2012, sections
1.1610A.24; 10A.242; 10A.25, subdivision 6.
1.17BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.20 Section 1. Minnesota Statutes 2012, section 10A.01, is amended by adding a
1.21subdivision to read:
1.22 Subd. 7c. Ballot question political committee. "Ballot question political
1.23committee" means a political committee that makes only expenditures to promote or defeat
1.24a ballot question and disbursements permitted under section 10A.121, subdivision 1.
1.25 Sec. 2. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
1.26to read:
2.1 Subd. 7d. Ballot question political fund. "Ballot question political fund" means
2.2a political fund that makes only expenditures to promote or defeat a ballot question and
2.3disbursements permitted under section 10A.121, subdivision 1.
2.4 Sec. 3. Minnesota Statutes 2012, section 10A.01, subdivision 10, is amended to read:
2.5 Subd. 10. Candidate. "Candidate" means an individual who seeks nomination or
2.6election as a state constitutional officer, legislator, or judge. An individual is deemed to seek
2.7nomination or election if the individual has taken the action necessary under the law of this
2.8state to qualify for nomination or election, has received contributions or made expenditures
2.9in excess of $100, or has given implicit or explicit consent for any other person to receive
2.10contributions or make expenditures in excess of $100, for the purpose of bringing about the
2.11individual's nomination or election. A candidate remains a candidate until the candidate's
2.12principal campaign committee is dissolved as provided in section10A.24 10A.243.
2.13 Sec. 4. Minnesota Statutes 2012, section 10A.01, subdivision 11, is amended to read:
2.14 Subd. 11. Contribution. (a) "Contribution" means money, a negotiable instrument,
2.15or a donation in kind that is given to a political committee, political fund, principal
2.16campaign committee, or party unit. An allocation by an association of general treasury
2.17money to be used for activities that must be or are reported through the association's
2.18political fund is considered to be a contribution for the purposes of disclosure required
2.19by this chapter.
2.20(b) "Contribution" includes a loan or advance of credit to a political committee,
2.21political fund, principal campaign committee, or party unit, if the loan or advance of credit
2.22is: (1) forgiven; or (2) repaid by an individual or an association other than the political
2.23committee, political fund, principal campaign committee, or party unit to which the loan
2.24or advance of credit was made. If an advance of credit or a loan is forgiven or repaid as
2.25provided in this paragraph, it is a contribution in the year in which the loan or advance
2.26of credit was made.
2.27(c) "Contribution" does not include services provided without compensation by an
2.28individual volunteering personal time on behalf of a candidate, ballot question, political
2.29committee, political fund, principal campaign committee, or party unit; the publishing or
2.30broadcasting of news items or editorial comments by the news media; or an individual's
2.31unreimbursed personal use of an automobile owned by the individual while volunteering
2.32personal time.
2.33 Sec. 5. Minnesota Statutes 2012, section 10A.01, subdivision 16, is amended to read:
3.1 Subd. 16. Election cycle. "Election cycle" means the period from January 1
3.2following a general election for an office to December 31 following the next general
3.3election for that office, except that "election cycle" for a special election means the period
3.4from the date the special election writ is issued to 60 days after the special election is held.
3.5 For a regular election, the period from January 1 of the year prior to an election year through
3.6December 31 of the election year is the "election segment" of the election cycle. Each
3.7other two-year segment of an election cycle is a "non-election segment" of the election
3.8cycle. An election cycle that consists of two calendar years has only an election segment.
3.9The election segment of a special election cycle includes the entire special election cycle.
3.10 Sec. 6. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
3.11to read:
3.12 Subd. 16a. Expressly advocating. "Expressly advocating" means:
3.13(1) that a communication clearly identifies a candidate and uses words or phrases
3.14of express advocacy; or
3.15(2) that a communication, when taken as a whole and with limited reference to
3.16external events, such as the proximity to the election, is susceptible of no interpretation
3.17by a reasonable person other than as advocating the election or defeat of one or more
3.18clearly identified candidates.
3.19 Sec. 7. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
3.20to read:
3.21 Subd. 17c. General treasury money. "General treasury money" means money
3.22that an association other than a principal campaign committee, party unit, or political
3.23committee accumulates through membership dues and fees, donations to the association
3.24for its general purposes, and income from the operation of a business. General treasury
3.25money does not include money collected to influence the nomination or election of
3.26candidates or to promote or defeat a ballot question.
3.27 Sec. 8. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
3.28to read:
3.29 Subd. 26a. Person. "Person" means an individual, an association, a political
3.30subdivision, or a public higher education system.
3.31 Sec. 9. Minnesota Statutes 2012, section 10A.01, subdivision 27, is amended to read:
4.1 Subd. 27. Political committee. "Political committee" means an association whose
4.2major purpose is to influence the nomination or election ofa candidate one or more
4.3candidates or to promote or defeat a ballot question, other than a principal campaign
4.4committee or a political party unit.
4.5 Sec. 10. Minnesota Statutes 2012, section 10A.01, subdivision 28, is amended to read:
4.6 Subd. 28. Political fund. "Political fund" means an accumulation of dues or
4.7voluntary contributions by an association other than a political committee, principal
4.8campaign committee, or party unit, if the accumulation is collected or expended to
4.9influence the nomination or election ofa candidate one or more candidates or to promote
4.10or defeat a ballot question. The term "political fund" as used in this chapter may also refer
4.11to the association acting through its political fund.
4.12 Sec. 11. Minnesota Statutes 2012, section 10A.02, subdivision 9, is amended to read:
4.13 Subd. 9. Documents; information. The executive director must inspect all material
4.14filed with the board as promptly as necessary to comply with this chapterand, with other
4.15provisions of law requiring the filing of a document with the board, and with other
4.16provisions of law under the board's jurisdiction pursuant to subdivision 11. The executive
4.17director must immediately notifythe an individual required to file a document with the
4.18board if a written complaint is filed with the board alleging, or it otherwise appears, that a
4.19document filed with the board is inaccurate or does not comply with this chapter, or that
4.20the individual has failed to file a document required by this chapter or has failed to comply
4.21with this chapter or other provisions under the board's jurisdiction pursuant to subdivision
4.2211.The executive director may provide an individual required to file a document under
4.23this chapter with factual information concerning the limitations on corporate campaign
4.24contributions imposed by section
211B.15.
4.25 Sec. 12. Minnesota Statutes 2012, section 10A.02, subdivision 10, is amended to read:
4.26 Subd. 10. Audits and investigations. The board may make audits and investigations,
4.27impose statutory civil penalties, and issue orders for compliance with respect tostatements
4.28and reports that are filed or that should have been filed under the requirements of this
4.29chapter and provisions under the board's jurisdiction pursuant to subdivision 11. In all
4.30matters relating to its official duties, the board has the power to issue subpoenas and cause
4.31them to be served. If a person does not comply with a subpoena, the board may apply to
4.32the District Court of Ramsey County for issuance of an order compelling obedience to the
4.33subpoena. A person failing to obey the order is punishable by the court as for contempt.
5.1 Sec. 13. Minnesota Statutes 2012, section 10A.02, subdivision 11, is amended to read:
5.2 Subd. 11. Violations; enforcement. (a) The board may investigate any alleged
5.3violation of this chapter. The board may also investigate an alleged violation of section
5.4211B.04, 211B.12, or 211B.15 by or related to a candidate, treasurer, principal campaign
5.5committee, political committee, political fund, or party unit, as those terms are defined in
5.6this chapter. The board must investigate any violation that is alleged in a written complaint
5.7filed with the board and must within 30 days after the filing of the complaint makea public
5.8finding of whether there is probable cause to believe a violation has occurred findings and
5.9conclusions as to whether a violation has occurred and must issue an order, except that
5.10if the complaint alleges a violation of section10A.25 or
10A.27 , the board must either
5.11enter a conciliation agreement or makea public finding of whether there is probable cause,
5.12 findings and conclusions as to whether a violation has occurred and must issue an order
5.13 within 60 days after the filing of the complaint. The deadline for action on a written
5.14complaint may be extended by majority vote of the board.
5.15(b) The board may bring legal actions or negotiate settlements in its own name to
5.16recover money raised from contributions subject to the conditions in this paragraph.
5.17(1) No action may be commenced unless the board has made a formal determination,
5.18after an investigation, that the money was raised for political purposes as defined in
5.19section 211B.01, subdivision 6, and that the money was used for purposes not permitted
5.20under this chapter or under section 211B.12.
5.21(2) Prior to commencing an action, the board must give the association whose money
5.22was misused written notice by certified mail of its intent to take action under this subdivision
5.23and must give the association a reasonable opportunity, for a period of not less than 90
5.24days, to recover the money without board intervention. This period must be extended
5.25for at least an additional 90 days for good cause if the association is actively pursuing
5.26recovery of the money. The board may not commence a legal action under this subdivision
5.27if the association has commenced a legal action for the recovery of the same money.
5.28(3) Any funds recovered under this subdivision must be deposited in a campaign
5.29finance recovery account in the special revenue fund and are appropriated as follows:
5.30(i) an amount equal to the board's actual costs and disbursements in the action,
5.31including court reporter fees for depositions taken in the course of an investigation, is
5.32appropriated to the board for its operations;
5.33(ii) an amount equal to the reasonable value of legal services provided by the Office
5.34of the Attorney General in the recovery matter, calculated on the same basis as is used
5.35for charging legal fees to state agencies, is appropriated to the Office of the Attorney
5.36General for its operations; and
6.1(iii) any remaining balance is appropriated to the board for distribution to the
6.2association to which the money was originally contributed.
6.3(4) Notwithstanding clause (3), item (iii), if the candidate of a principal campaign
6.4committee is the person who used the association's money for illegal purposes, or if the
6.5association or political fund whose money was misused is no longer registered with the
6.6board, any money remaining after the payments specified in clause (3), items (i) and (ii),
6.7must be transferred to the general account of the state elections campaign account.
6.8(5) Any action by the board under this paragraph must be commenced not later than
6.9four years after the improper use of money is shown on a report filed with the board or the
6.10board has actual knowledge of improper use. No action may be commenced under this
6.11paragraph for improper uses disclosed on reports for calendar years prior to 2011.
6.12(6) If the board prevails in an action brought under this subdivision and the court
6.13makes a finding that the misuse of funds was willful, the court may enter judgment in favor
6.14of the board and against the person misusing the funds in the amount of the misused funds.
6.15(b) (c) Within a reasonable time after beginning an investigation of an individual
6.16or association, the board must notify the individual or association of the fact of the
6.17investigation. The board must not make a finding of whether there is probable cause to
6.18believe a violation has occurred without notifying the individual or association of the
6.19nature of the allegations and affording an opportunity to answer those allegations.
6.20(c) (d) A hearing or action of the board concerning a complaint or investigation
6.21other than a finding concerning probable cause or a conciliation agreement is confidential.
6.22Until the board makes a public finding concerning probable cause or enters a conciliation
6.23agreement:
6.24(1) a member, employee, or agent of the board must not disclose to an individual
6.25information obtained by that member, employee, or agent concerning a complaint or
6.26investigation except as required to carry out the investigation or take action in the matter
6.27as authorized by this chapter; and
6.28(2) an individual who discloses information contrary to this subdivision is subject
6.29to a civil penalty imposed by the board of up to $1,000.
6.30(e) A matter that is under the board's jurisdiction pursuant to this section and that
6.31may result in a criminal offense must be finally disposed of by the board before the alleged
6.32violation may be prosecuted by a city or county attorney.
6.33 Sec. 14. Minnesota Statutes 2012, section 10A.02, subdivision 12, is amended to read:
6.34 Subd. 12. Advisory opinions. (a) The board may issue and publish advisory
6.35opinions on the requirements of this chapter and of those sections listed in subdivision 11
7.1 based upon real or hypothetical situations. An application for an advisory opinion may
7.2be made only byan individual or association a person who is subject to chapter 10A and
7.3who wishes to use the opinion to guide theindividual's or the association's person's own
7.4conduct. The board must issue written opinions on all such questions submitted to it
7.5within 30 days after receipt of written application, unless a majority of the board agrees
7.6to extend the time limit.
7.7(b) A written advisory opinion issued by the board is binding on the board in a
7.8subsequent board proceeding concerning the person making or covered by the request and
7.9is a defense in a judicial proceeding that involves the subject matter of the opinion and is
7.10brought against the person making or covered by the request unless:
7.11(1) the board has amended or revoked the opinion before the initiation of the board
7.12or judicial proceeding, has notified the person making or covered by the request of its
7.13action, and has allowed at least 30 days for the person to do anything that might be
7.14necessary to comply with the amended or revoked opinion;
7.15(2) the request has omitted or misstated material facts; or
7.16(3) the person making or covered by the request has not acted in good faith in
7.17reliance on the opinion.
7.18(c) A request for an opinion and the opinion itself are nonpublic data. The board,
7.19however, may publish an opinion or a summary of an opinion, but may not include in the
7.20publication the name of the requester, the name of a person covered by a request from an
7.21agency or political subdivision, or any other information that might identify the requester,
7.22unless the person consents to the inclusion.
7.23 Sec. 15. Minnesota Statutes 2012, section 10A.02, subdivision 15, is amended to read:
7.24 Subd. 15. Disposition of fees. The board must deposit all fees and civil penalties
7.25 collected under this chapter into the general fund in the state treasury.
7.26 Sec. 16. Minnesota Statutes 2012, section 10A.025, subdivision 2, is amended to read:
7.27 Subd. 2. Penalty for false statements. (a) A report or statement required to be filed
7.28under this chapter must be signed and certified as true by the individual required to file the
7.29report. The signature may be an electronic signature consisting of a password assigned
7.30by the board.
7.31(b) An individualwho signs and certifies shall not sign and certify to be true a
7.32report or statement knowing it contains false information orwho knowingly knowing it
7.33 omits required informationis guilty of a gross misdemeanor and subject to a civil penalty
7.34imposed by the board of up to $3,000.
8.1(c) An individual shall not knowingly provide false or incomplete information to
8.2a treasurer with the intent that the treasurer will rely on that information in signing and
8.3certifying to be true a report or statement.
8.4(d) A person who violates paragraph (b) or (c) is subject to a civil penalty imposed
8.5by the board of up to $3,000. A violation of paragraph (b) or (c) is a gross misdemeanor.
8.6(e) The board may impose an additional civil penalty of up to $3,000 on the principal
8.7campaign committee or candidate, party unit, political committee, or association that has a
8.8political fund that is affiliated with an individual who violated paragraph (b) or (c).
8.9 Sec. 17. Minnesota Statutes 2012, section 10A.025, subdivision 3, is amended to read:
8.10 Subd. 3. Record keeping; penalty. (a) A person required to file a report or statement
8.11 or who has accepted record-keeping responsibility for the filer must maintain records on
8.12the matters required to be reported, including vouchers, canceled checks, bills, invoices,
8.13worksheets, and receipts, that will provide in sufficient detail the necessary information
8.14from which the filed reports and statements may be verified, explained, clarified, and
8.15checked for accuracy and completeness. The person must keep the records available for
8.16audit, inspection, or examination by the board or its authorized representatives for four
8.17years from the date of filing of the reports or statements or of changes or corrections to
8.18them.A person who knowingly violates this subdivision is guilty of a misdemeanor.
8.19(b) The board may impose a civil penalty of up to $3,000 on a person who knowingly
8.20violates this subdivision. The board may impose a separate civil penalty of up to $3,000
8.21on the principal campaign committee or candidate, party unit, political committee, or
8.22association that has a political fund that is affiliated with an individual who violated
8.23this subdivision.
8.24(c) A knowing violation of this subdivision is a misdemeanor.
8.25 Sec. 18. Minnesota Statutes 2012, section 10A.105, subdivision 1, is amended to read:
8.26 Subdivision 1. Single committee. A candidate must not accept contributions from a
8.27source, other than self, in aggregate in excess of$100 $750 or accept a public subsidy
8.28unless the candidate designates and causes to be formed a single principal campaign
8.29committee for each office sought. A candidate may not authorize, designate, or cause to be
8.30formed any other political committee bearing the candidate's name or title or otherwise
8.31operating under the direct or indirect control of the candidate. However, a candidate may
8.32be involved in the direct or indirect control of a party unit.
8.33 Sec. 19. Minnesota Statutes 2012, section 10A.12, subdivision 1, is amended to read:
9.1 Subdivision 1. When required for contributions and approved expenditures. An
9.2association other than a political committee or party unit may not contribute more than
9.3$100 $750 in aggregate in any one calendar year to candidates, political committees, or
9.4party units or makeany approved or independent expenditure or expenditure to promote
9.5or defeat a ballot question expenditures of more than $750 in aggregate in any calendar
9.6year unless the contribution or expenditure is madefrom through a political fund.
9.7 Sec. 20. Minnesota Statutes 2012, section 10A.12, subdivision 1a, is amended to read:
9.8 Subd. 1a. When required for independent expenditures or ballot questions. An
9.9association other than a political committee that makes only independent expenditures
9.10and disbursements permitted under section
10A.121, subdivision 1, or expenditures to
9.11promote or defeat a ballot question must do soby forming and registering through an
9.12independent expenditure or ballot question political fund if theexpenditure is in excess of
9.13$100 independent expenditures aggregate more than $1,500 in a calendar year or if the
9.14expenditures to promote or defeat a ballot question aggregate more than $5,000 in a
9.15calendar year, or by contributing to an existing independent expenditure or ballot question
9.16 political committee orpolitical fund.
9.17 Sec. 21. Minnesota Statutes 2012, section 10A.12, subdivision 2, is amended to read:
9.18 Subd. 2. Commingling prohibited. The contents ofa an association's political
9.19fund may not be commingled with other funds or with the personal funds of an officer or
9.20member of the association or the fund. It is not commingling for an association that uses
9.21only its own general treasury money to make expenditures and disbursements permitted
9.22under section 10A.121, subdivision 1, directly from the depository used for its general
9.23treasury money. An association that accepts more than $1,500 in contributions to influence
9.24the nomination or election of candidates or more than $5,000 in contributions to promote
9.25or defeat a ballot question must establish a separate depository for those contributions.
9.26 Sec. 22. Minnesota Statutes 2012, section 10A.121, is amended to read:
9.2710A.121 INDEPENDENT EXPENDITURE AND BALLOT QUESTION
9.28POLITICAL COMMITTEES ANDINDEPENDENT EXPENDITURE POLITICAL
9.29FUNDS.
9.30 Subdivision 1. Permitted disbursements. An independent expenditure political
9.31committee oran independent expenditure political fund, or a ballot question political
9.32committee or fund,in addition to making independent expenditures, may:
9.33 (1) pay costs associated with its fund-raising and general operations;
10.1 (2) pay for communications that do not constitute contributions or approved
10.2expenditures;and
10.3 (3) make contributions toother independent expenditure or ballot question political
10.4committees orindependent expenditure political funds;
10.5 (4) make independent expenditures;
10.6 (5) make disbursements for electioneering communications;
10.7 (6) make expenditures to promote or defeat ballot questions;
10.8 (7) return a contribution to its source;
10.9 (8) for a political fund, record bookkeeping entries transferring the association's
10.10general treasury money allocated for political purposes back to the general treasury of
10.11the association; and
10.12 (9) for a political fund, return general treasury money transferred to a separate
10.13depository to the general depository of the association.
10.14 Subd. 2. Penalty. (a) An independent expenditure political committee or
10.15independent expenditure political fund is subject to a civil penalty of up to four times the
10.16amount of the contribution or approved expenditure if it does the following:
10.17 (1) makes a contribution to a candidate, party unit, political committee, or political
10.18fund other than an independent expenditure political committee or an independent
10.19expenditure political fund; or
10.20 (2) makes an approved expenditure.
10.21 (b) No other penalty provided in law may be imposed for conduct that is subject to a
10.22civil penalty under this section.
10.23 Sec. 23. Minnesota Statutes 2012, section 10A.14, subdivision 1, is amended to read:
10.24 Subdivision 1. First registration. The treasurer of a political committee, political
10.25fund, principal campaign committee, or party unit must register with the board by filing
10.26a registration statementof organization no later than 14 days after the committee, fund,
10.27or party unit has made a contribution, received contributions, or made expenditures in
10.28excess of$100 $750, or by the end of the next business day after it has received a loan
10.29or contribution that must be reported under section10A.20, subdivision 5 , whichever is
10.30earlier. This subdivision does not apply to ballot question or independent expenditure
10.31political committees or funds, which are subject to subdivision 1a.
10.32 Sec. 24. Minnesota Statutes 2012, section 10A.14, is amended by adding a subdivision
10.33to read:
11.1 Subd. 1a. Independent expenditure or ballot question political committees
11.2and funds; first registration; reporting. The treasurer of an independent expenditure
11.3or ballot question political committee or fund must register with the board by filing
11.4a registration statement:
11.5(1) no later than 14 calendar days after the committee or the association registering
11.6the political fund has:
11.7(i) received aggregate contributions for independent expenditures of more than
11.8$1,500 in a calendar year;
11.9(ii) received aggregate contributions for expenditures to promote or defeat a ballot
11.10question of more than $5,000 in a calendar year;
11.11(iii) made aggregate independent expenditures of more than $1,500 in a calendar
11.12year; or
11.13(iv) made aggregate expenditures to promote or defeat a ballot question of more
11.14than $5,000 in a calendar year; or
11.15(2) by the end of the next business day after it has received a loan or contribution
11.16that must be reported under section 10A.20, subdivision 5, and it has met one of the
11.17requirements of clause (1).
11.18 Sec. 25. Minnesota Statutes 2012, section 10A.15, subdivision 1, is amended to read:
11.19 Subdivision 1. Anonymous contributions. A political committee, political fund,
11.20principal campaign committee, or party unit may not retain an anonymous contribution
11.21in excess of $20, but must forward it to the board for deposit in the general account of
11.22the state elections campaignfund account.
11.23 Sec. 26. Minnesota Statutes 2012, section 10A.15, subdivision 3, is amended to read:
11.24 Subd. 3. Deposit. All contributions received by or on behalf of a candidate,
11.25principal campaign committee, political committee, political fund, or party unit must
11.26be deposited in an account designated "Campaign Fund of ..... (name of candidate,
11.27committee, fund, or party unit)." All contributions must be deposited promptly upon
11.28receipt and, except for contributions received during the last three days of a reporting
11.29period as described in section10A.20 , must be deposited during the reporting period
11.30in which they were received. A contribution received during the last three days of a
11.31reporting period must be deposited within 72 hours after receipt and must be reported
11.32as received during the reporting period whether or not deposited within that period. A
11.33candidate, principal campaign committee, political committee, political fund, or party unit
11.34may refuse to accept a contribution. A deposited contribution may be returned to the
12.1contributor within60 90 days after deposit. A contribution deposited and not returned
12.2within60 90 days after that deposit must be reported as accepted.
12.3 Sec. 27. Minnesota Statutes 2012, section 10A.20, subdivision 1, is amended to read:
12.4 Subdivision 1. First filing; duration. The treasurer of a political committee, political
12.5fund, principal campaign committee, or party unit must begin to file the reports required
12.6by this sectionin for the first year it receives contributions or makes expenditures in excess
12.7of $100 that require it to register under section 10A.14 and must continue to file until the
12.8committee, fund, or party unit is terminated. The reports must be filed electronically in a
12.9standards-based open format specified by the board. For good cause shown, the board
12.10must grant exemptions to the requirement that reports be filed electronically.
12.11 Sec. 28. Minnesota Statutes 2012, section 10A.20, subdivision 2, is amended to read:
12.12 Subd. 2. Time for filing. (a) The reports must be filed with the board on or before
12.13January 31 of each year and additional reports must be filed as required and in accordance
12.14with paragraphs (b) to (d).
12.15(b) In each year in which the name ofthe a candidate for legislative or district court
12.16judicial office is on the ballot, the report of the principal campaign committee must be
12.17filed 15 days before a primary and ten days before a general election, seven days before a
12.18special primary and a special election, and ten days after a special election cycle.
12.19(c) In each general election year, a political committeeor, a political fund must file
12.20reports 28 and 15 days before a primary and 42 and ten days before a general election.
12.21Beginning in 2012, reports required under this paragraph must also be filed 56 days before
12.22a primary., a state party committee, a party unit established by all or a part of the party
12.23organization within a house of the legislature, and the principal campaign committee
12.24of a candidate for constitutional or appellate court judicial office must file reports on
12.25the following schedule:
12.26(1) a first-quarter report covering the calendar year through March 31, which is
12.27due April 14;
12.28(2) in a year in which a primary election is held in August, a report covering the
12.29calendar year through May 31, which is due June 14;
12.30(3) in a year in which a primary election is held before August, a pre-general-election
12.31report covering the calendar year through July 15, which is due July 29;
12.32(4) a pre-primary-election report due 15 days before a primary election;
12.33(5) a pre-general-election report due 42 days before the general election;
12.34(6) a pre-general-election report due ten days before a general election; and
13.1(7) for a special election, a constitutional office candidate whose name is on the
13.2ballot must file reports seven days before a special primary and a special election, and ten
13.3days after a special election cycle.
13.4(d) In each general election year, a party unit not included in paragraph (c) must file
13.5reports 15 days before a primary election and ten days before a general election.
13.6(e) Notwithstanding paragraphs (a) to (d), the principal campaign committee of a
13.7candidate whose name will not be on the general election ballot is not required to file the
13.8report due ten days before a general election or seven days before a special election.
13.9 Sec. 29. Minnesota Statutes 2012, section 10A.20, subdivision 3, is amended to read:
13.10 Subd. 3. Contents of report. (a) The report required by this section must include
13.11each of the items listed in paragraphs (b) to (o) that are applicable to the filer. The board
13.12shall prescribe forms based on filer type indicating which of those items must be included
13.13on the filer's report.
13.14(a) (b) The report must disclose the amount of liquid assets on hand at the beginning
13.15of the reporting period.
13.16(b) (c) The report must disclose the name, address, and employer, or occupation if
13.17self-employed, of each individual or association that has made one or more contributions
13.18to the reporting entity, including the purchase of tickets for a fund-raising effort, that in
13.19aggregate within the year exceed$100 $200 for legislative or statewide candidates or more
13.20than $500 for ballot questions, together with the amount and date of each contribution, and
13.21the aggregate amount of contributions within the year from each source so disclosed. A
13.22donation in kind must be disclosed at its fair market value. An approved expenditure must
13.23be listed as a donation in kind. A donation in kind is considered consumed in the reporting
13.24period in which it is received. The names of contributors must be listed in alphabetical
13.25order. Contributions from the same contributor must be listed under the same name. When
13.26a contribution received from a contributor in a reporting period is added to previously
13.27reported unitemized contributions from the same contributor and the aggregate exceeds
13.28the disclosure threshold of this paragraph, the name, address, and employer, or occupation
13.29if self-employed, of the contributor must then be listed on the report.
13.30(c) (d) The report must disclose the sum of contributions to the reporting entity
13.31during the reporting period.
13.32(d) (e) The report must disclose each loan made or received by the reporting entity
13.33within the year in aggregate in excess of$100 $200, continuously reported until repaid or
13.34forgiven, together with the name, address, occupation, and principal place of business,
13.35if any, of the lender and any endorser and the date and amount of the loan. If a loan
14.1made to the principal campaign committee of a candidate is forgiven or is repaid by an
14.2entity other than that principal campaign committee, it must be reported as a contribution
14.3for the year in which the loan was made.
14.4(e) (f) The report must disclose each receipt over $100 $200 during the reporting
14.5period not otherwise listed under paragraphs(b) (c) to (d) (e).
14.6(f) (g) The report must disclose the sum of all receipts of the reporting entity during
14.7the reporting period.
14.8(g) (h) The report must disclose the name and address of each individual or
14.9association to whom aggregate expenditures,including approved expenditures,
14.10 independent expenditures, ballot question expenditures, and disbursements for
14.11electioneering communications have been made by or on behalf of the reporting entity
14.12within the year in excess of$100 $200, together with the amount, date, and purpose of
14.13each expenditure and the name and address of, and office sought by, each candidate on
14.14whose behalf the expenditure was made or, in the case of electioneering communications,
14.15each candidate identified positively in the communication, identification of the ballot
14.16question that the expenditure was intended to promote or defeat and an indication of
14.17whether the expenditure was to promote or to defeat the ballot question, and in the
14.18case of independent expenditures made in opposition to a candidate or electioneering
14.19communications in which a candidate is identified negatively, the candidate's name,
14.20address, and office sought. A reporting entity making an expenditure on behalf of more
14.21than one candidate for state or legislative office must allocate the expenditure among the
14.22candidates on a reasonable cost basis and report the allocation for each candidate.
14.23(h) (i) The report must disclose the sum of all expenditures made by or on behalf of
14.24the reporting entity during the reporting period.
14.25(i) (j) The report must disclose the amount and nature of an advance of credit
14.26incurred by the reporting entity, continuously reported until paid or forgiven. If an advance
14.27of credit incurred by the principal campaign committee of a candidate is forgiven by the
14.28creditor or paid by an entity other than that principal campaign committee, it must be
14.29reported as a donation in kind for the year in which the advance of credit was made.
14.30(j) (k) The report must disclose the name and address of each political committee,
14.31political fund, principal campaign committee, or party unit to which contributions have
14.32been made that aggregate in excess of$100 $200 within the year and the amount and
14.33date of each contribution.
14.34(k) (l) The report must disclose the sum of all contributions made by the reporting
14.35entity during the reporting period.
15.1(l) (m) The report must disclose the name and address of each individual or
15.2association to whom noncampaign disbursements have been made that aggregate in excess
15.3of$100 $200 within the year by or on behalf of the reporting entity and the amount, date,
15.4and purpose of each noncampaign disbursement.
15.5(m) (n) The report must disclose the sum of all noncampaign disbursements made
15.6within the year by or on behalf of the reporting entity.
15.7(n) (o) The report must disclose the name and address of a nonprofit corporation that
15.8provides administrative assistance to a political committee or political fund as authorized
15.9by section211B.15, subdivision 17 , the type of administrative assistance provided, and the
15.10aggregate fair market value of each type of assistance provided to the political committee
15.11or political fund during the reporting period.
15.12 Sec. 30. Minnesota Statutes 2012, section 10A.20, subdivision 5, is amended to read:
15.13 Subd. 5.Preelection Pre-election reports. (a) Any loan, contribution, or
15.14contributions:
15.15 (1) to a political committee or political fund from any one source totaling more than
15.16 $1,000or more, or in a statewide election for;
15.17 (2) to the principal campaign committee of a candidate for an appellate court judicial
15.18office, any loan, contribution, or contributions from any one source totaling more than
15.19 $2,000or more, or in any judicial;
15.20 (3) to the principal campaign committee of a candidate for district court judge
15.21 totaling more than $400or more, and any loan, contribution, or contributions; or
15.22 (4) to the principal campaign committee of a candidate for constitutional office or
15.23for the legislaturefrom any one source totaling 80 more than 50 percent or more of the
15.24 election cycle contribution limit for the office, received between the last day covered in
15.25the last report before an election and the election must be reported to the boardin one of
15.26the following ways: in the manner provided in paragraph (b).
15.27(b) A loan, contribution, or contributions required to be reported to the board under
15.28paragraph (a) must be reported to the board either:
15.29 (1) in person by the end of the next business day after its receipt; or
15.30 (2) by electronic means sent within 24 hours after its receipt.
15.31 (c) These loans and contributions must also be reported in the next required report.
15.32 (d) This notice requirement does not applywith respect to in a primary in which
15.33the statewide or legislative election to a candidate who is unopposed in the primary, in a
15.34primary election to a ballot question political committee or fund, or in a general election to
16.1a candidate whose name is not on the general election ballot. The board must post the
16.2report on its Web site by the end of the next business day after it is received.
16.3 (e) This subdivision does not apply to a ballot question or independent expenditure
16.4political committee or fund that has not met the registration threshold of section 10A.14,
16.5subdivision 1a. However, if a contribution that would be subject to this section triggers the
16.6registration requirement in section 10A.14, subdivision 1a, then both registration under
16.7that section and reporting under this section are required.
16.8 Sec. 31. Minnesota Statutes 2012, section 10A.20, subdivision 6, is amended to read:
16.9 Subd. 6. Report when no committee. (a) A candidate who does not designate
16.10and cause to be formed a principal campaign committee andan individual who makes
16.11independent expenditures or campaign expenditures expressly advocating the approval or
16.12defeat of a ballot question in aggregate in excess of $100 $750 in a year must file with
16.13the board a report containing the information required by subdivision 3. Reports required
16.14by this subdivision must be filedon by the dates on which reports by principal campaign
16.15 committees, funds, and party units are must be filed.
16.16(b) An individual who makes independent expenditures that aggregate more than
16.17$1,500 in a calendar year or expenditures to promote or defeat a ballot question that
16.18aggregate more than $5,000 in a calendar year must file with the board a report containing
16.19the information required by subdivision 3. A report required by this subdivision must be
16.20filed by the date on which the next report by political committees and political funds
16.21must be filed.
16.22 Sec. 32. Minnesota Statutes 2012, section 10A.20, subdivision 7, is amended to read:
16.23 Subd. 7. Statement of inactivity. If areporting entity principal campaign
16.24committee, party unit, or political committee, has no receipts or expenditures during a
16.25reporting period, the treasurer must file with the board at the time required by this section
16.26a statement to that effect.
16.27 Sec. 33. Minnesota Statutes 2012, section 10A.20, is amended by adding a subdivision
16.28to read:
16.29 Subd. 7a. Activity of political fund. An association is not required to file any
16.30statement or report for a reporting period when the association accepted no contributions
16.31into the association's political fund and made no expenditures from its political fund since
16.32the last date included in its most recent filed report. If the association maintains a separate
16.33checking account for its political fund, the receipt of interest on the proceeds of that
17.1account and the payment of fees to maintain that account do not constitute activity that
17.2requires the filing of a report for an otherwise inactive political fund.
17.3 Sec. 34. [10A.201] ELECTIONEERING COMMUNICATIONS.
17.4 Subdivision 1. Electioneering communication. (a) "Electioneering
17.5communication" means a communication distributed by television, radio, satellite, or
17.6cable broadcasting system; by means of printed material, signs, or billboards; or through
17.7the use of telephone communications that:
17.8(1) refers to a clearly identified candidate;
17.9(2) is made within:
17.10(i) 30 days before a primary election or special primary election for the office sought
17.11by the candidate; or
17.12(ii) 60 days before a general election or special election for the office sought by
17.13the candidate;
17.14(3) is targeted to the relevant electorate; and
17.15(4) is made without the express or implied consent, authorization, or cooperation
17.16of, and not in concert with or at the request or suggestion of, a candidate or a candidate's
17.17principal campaign committee or agent.
17.18(b) Electioneering communication does not include:
17.19(1) the publishing or broadcasting of news items or editorial comments by the news
17.20media;
17.21(2) a communication that constitutes an approved expenditure or an independent
17.22expenditure;
17.23(3) a communication by an association distributed only to the association's own
17.24members, donors, or subscribers in a newsletter or similar publication in a form that is
17.25routinely sent to the association's members;
17.26 (4) a voter guide, which is a pamphlet or similar printed materials, intended to help
17.27voters compare candidates' positions on a set of issues, as long as each of the following is
17.28true:
17.29 (i) the guide does not focus on a single issue or a narrow range of issues, but
17.30includes questions and subjects sufficient to encompass major issues of interest to the
17.31entire electorate;
17.32 (ii) the questions and any other description of the issues are clear and unbiased in
17.33both their structure and content;
17.34 (iii) the questions posed and provided to the candidates are identical to those
17.35included in the guide;
18.1 (iv) each candidate included in the guide is given a reasonable amount of time and
18.2the same opportunity as other candidates to respond to the questions;
18.3 (v) if the candidate is given limited choices for an answer to a question, for example:
18.4"support," "oppose," "yes," or "no," the candidate is also given an opportunity, subject to
18.5reasonable limits, to explain the candidate's position in the candidate's own words; the
18.6fact that a candidate provided an explanation is clearly indicated in the guide; and the
18.7guide clearly indicates that the explanations will be made available for public inspection,
18.8subject to reasonable conditions;
18.9 (vi) answers included in the guide are those provided by the candidates in response
18.10to questions, the candidate's answers are unedited, and the answers appear in close
18.11proximity to the question to which they respond;
18.12 (vii) if the guide includes candidates' positions based on information other than
18.13responses provided directly by the candidate, the positions are based on recorded votes,
18.14reliable media reports, or public statements of the candidates and are presented in an
18.15unedited and unbiased manner; and
18.16 (viii) the guide includes all major party candidates for each office listed in the guide;
18.17(5) any other communication specified in board rules or advisory opinions as being
18.18excluded from the definition of electioneering communications; or
18.19(6) a communication that:
18.20(i) refers to a clearly identified candidate who is an incumbent member of the
18.21legislature or a constitutional officer;
18.22(ii) refers to a clearly identified issue that is or was before the legislature in the
18.23form of an introduced bill; and
18.24(iii) is made when the legislature is in session or within ten days after the last day of
18.25a regular session of the legislature.
18.26(c) A communication that meets the requirements of paragraph (a) but is made with
18.27the authorization or express or implied consent of, or in cooperation or in concert with, or
18.28at the request or suggestion of a candidate, a candidate's principal campaign committee, or
18.29a candidate's agent is an approved expenditure.
18.30 (d) Distributing a voter guide questionnaire, survey, or similar document to
18.31candidates and communications with candidates limited to obtaining their responses,
18.32without more, do not constitute communications that would result in the voter guide being
18.33an approved expenditure on behalf of the candidate.
18.34 Subd. 2. Targeted to relevant electorate. (a) For purposes of this section, a
18.35communication that refers to a clearly identified candidate is targeted to the relevant
18.36electorate if the communication is distributed to or can be received by more than 1,500
19.1persons in the district the candidate seeks to represent, in the case of a candidate for the
19.2house of representatives, senate, or a district court judicial office or by more than 6,000
19.3persons in the state, in the case of a candidate for constitutional office or appellate court
19.4judicial office.
19.5 (b) A communication consisting of printed materials, other than signs, billboards,
19.6or advertisements published in the print media, is targeted to the relevant electorate if it
19.7meets the requirements of paragraph (a) and is distributed to voters by means of United
19.8States mail or through direct delivery to a resident's home or business.
19.9 Subd. 3. Disclosure of electioneering communications. (a) Electioneering
19.10communications made by a political committee, a party unit, or a principal campaign
19.11committee must be disclosed on the periodic reports of receipts and expenditures filed by
19.12the association on the schedule and in accordance with the terms of section 10A.20.
19.13(b) An association other than a political committee, party unit, or principal campaign
19.14committee may register a political fund with the board and disclose its electioneering
19.15communications on the reports of receipts and expenditures filed by the political fund.
19.16If it does so, it must disclose its disbursements for electioneering communication on the
19.17schedule and in accordance with the terms of section 10A.20.
19.18(c) An association that does not disclose its disbursements for electioneering
19.19communication under paragraph (a) or (b) must disclose its electioneering communications
19.20according to the requirements of subdivision 4.
19.21 Subd. 4. Statement required for electioneering communications made by
19.22unregistered associations. (a) Except for associations providing disclosure as specified
19.23in subdivision 3, paragraph (a) or (b), every person who makes a disbursement for the
19.24costs of producing or distributing electioneering communications that aggregate more than
19.25$1,500 in a calendar year must, within 24 hours of each disclosure date, file with the board
19.26a disclosure statement containing the information described in this subdivision.
19.27(b) Each statement required to be filed under this section must contain the following
19.28information:
19.29(1) the names of: (i) the association making the disbursement; (ii) any person
19.30exercising direction or control over the activities of the association with respect to the
19.31disbursement; and (iii) the custodian of the financial records of the association making
19.32disbursement;
19.33(2) the address of the association making the disbursement;
19.34(3) the amount of each disbursement of more than $200 during the period covered
19.35by the statement, a description of the purpose of the disbursement, and the identification of
19.36the person to whom the disbursement was made;
20.1(4) the names of the candidates identified or to be identified in the communication;
20.2(5) if the disbursements were paid out of a segregated bank account that consists
20.3of funds donated specifically for electioneering communications, the name and address
20.4of each person who gave the association more than $200 in aggregate to that account
20.5during the period beginning on the first day of the preceding calendar year and ending on
20.6the disclosure date; and
20.7(6) if the disbursements for electioneering communications were made using general
20.8treasury money of the association, an association that has paid more than $5,000 in
20.9aggregate for electioneering communications during the calendar year must file with its
20.10disclosure statement a written statement that includes the name, address, and amount
20.11attributable to each person that paid the association membership dues or fees, or made
20.12donations to the association that, in total, aggregate more than $5,000 of the money used
20.13by the association for electioneering communications. The statement must also include
20.14the total amount of the disbursements for electioneering communications attributable to
20.15persons not subject to itemization under this clause. The statement must be certified as
20.16true by an officer of the association that made the disbursements for the electioneering
20.17communications.
20.18(c) To determine the amount of the membership dues or fees, or donations
20.19made by a person to an association and attributable to the association's disbursements
20.20for electioneering communications, the association must separately prorate the total
20.21disbursements made for electioneering communications during the calendar year over all
20.22general treasury money received during the calendar year.
20.23(d) If the amount spent for electioneering communications exceeds the amount of
20.24general treasury money received by the association during that year:
20.25(1) the electioneering communications must be attributed first to all receipts of
20.26general treasury money received during the calendar year in which the electioneering
20.27communications were made;
20.28(2) any amount of current year electioneering communications that exceeds the total
20.29of all receipts of general treasury money during the current calendar year must be prorated
20.30over all general treasury money received in the preceding calendar year; and
20.31(3) if the allocation made in clauses (1) and (2) is insufficient to cover the subject
20.32electioneering communications, no further allocation is required.
20.33(e) After a portion of the general treasury money received by an association
20.34from a person has been designated as the source of a disbursement for electioneering
20.35communications, that portion of the association's general treasury money received
20.36from that person may not be designated as the source of any other disbursement for
21.1electioneering communications or as the source for any contribution to an independent
21.2expenditure political committee or fund.
21.3 Subd. 5. Disclosure date. For purposes of this section, the term "disclosure date"
21.4means the earlier of:
21.5(1) the first date on which an electioneering communication is publicly distributed,
21.6provided that the person making the electioneering communication has made
21.7disbursements for the direct costs of producing or distributing one or more electioneering
21.8communication aggregating in excess of $1,500; or
21.9(2) any other date during the same calendar year on which an electioneering
21.10communication is publicly distributed, provided that the person making the electioneering
21.11communication has made disbursements for the direct costs of distributing one or more
21.12electioneering communications aggregating in excess of $1,500 since the most recent
21.13disclosure date.
21.14 Subd. 6. Contracts to disburse. For purposes of this section, a person shall be
21.15treated as having made a disbursement if the person has entered into an obligation to
21.16make the disbursement.
21.17 Subd. 7. Statement of attribution. (a) An electioneering communication must
21.18include a statement of attribution.
21.19(1) For communications distributed by printed material, signs, and billboards, the
21.20statement must say, in conspicuous letters: "Paid for by [association name] [address]."
21.21(2) For communications distributed by television, radio, satellite, or cable
21.22broadcasting system, the statement must be included at the end of the communication and
21.23must orally state at a volume and speed that a person of ordinary hearing can comprehend:
21.24"The preceding communication was paid for by the [association name]."
21.25(3) For communications distributed by telephone communication, the statement
21.26must precede the communication and must orally state at a volume and speed that a person
21.27of ordinary hearing can comprehend: "The following communication is paid for by the
21.28[association name]."
21.29(b) If the communication is paid for by an association registered with the board, the
21.30statement of attribution must use the association's name as it is registered with the board.
21.31If the communication is paid for by an association not registered with the board, the
21.32statement of attribution must use the association's name as it is disclosed to the board on
21.33the association's disclosure statement associated with the communication.
21.34 Subd. 8. Failure to file; penalty. (a) If a person fails to file a statement required by
21.35this section by the date the statement is due, the board may impose a late filing fee of $50
21.36per day, not to exceed $1,000, commencing the day after the report was due.
22.1(b) The board must send notice by certified mail to a person who fails to file a
22.2statement within ten business days after the statement was due that the person may be
22.3subject to a civil penalty for failure to file the statement. A person who fails to file the
22.4statement within seven days after the certified mail notice was sent by the board is subject
22.5to a civil penalty imposed by the board of up to $1,000.
22.6(c) An association that provides disclosure under section 10A.20 rather than under
22.7this section is subject to the late filing fee and civil penalty provisions of section 10A.20
22.8and is not subject to the penalties provided in this subdivision.
22.9(d) An association that makes electioneering communications under this section and
22.10willfully fails to provide the statement required by subdivision 4, paragraph (b), clause
22.11(6), within the time specified is subject to an additional civil penalty of up to four times
22.12the amount of the electioneering communications disbursements that should have been
22.13included on the statement.
22.14 Sec. 35. Minnesota Statutes 2012, section 10A.241, is amended to read:
22.1510A.241 TRANSFER OF DEBTS.
22.16Notwithstanding section
10A.24, A candidate may terminate the candidate's
22.17principal campaign committee for one state office by transferring any debts of that
22.18committee to the candidate's principal campaign committee for another state office if
22.19all outstanding unpaid bills or loans from the committee being terminated are assumed
22.20and continuously reported by the committee to which the transfer is being made until
22.21paid or forgiven. A loan that is forgiven is covered by section10A.20 and, for purposes
22.22of section
10A.324, is a contribution to the principal campaign committee from which
22.23the debt was transferred under this section.
22.24 Sec. 36. [10A.243] TERMINATION OF REGISTRATION.
22.25 Subdivision 1. Termination report. A political committee, political fund, principal
22.26campaign committee, or party unit may terminate its registration with the board after it
22.27has disposed of all its assets in excess of $100 by filing a final report of receipts and
22.28expenditures. The final report must be identified as a termination report and must include
22.29all financial transactions that occurred after the last date included on the most recent
22.30report filed with the board. The termination report may be filed at any time after the
22.31asset threshold in this section is reached.
22.32 Subd. 2. Asset disposition. "Assets" include credit balances at vendors, prepaid
22.33postage and postage stamps, as well as physical assets. Assets must be disposed of at their
22.34fair market value. Assets of a political fund that consist of, or were acquired using, only
23.1the general treasury money of the fund's supporting association remain the property of the
23.2association upon termination of the association's political fund registration and are not
23.3subject to the disposal requirements of this section.
23.4 Sec. 37. [10A.244] VOLUNTARY INACTIVE STATUS; POLITICAL FUNDS.
23.5 Subdivision 1. Election of voluntary inactive status. An association that has a
23.6political fund registered under this chapter may elect to have the fund placed on voluntary
23.7inactive status if the following conditions are met:
23.8(1) the association makes a written request for inactive status;
23.9(2) the association has filed all periodic reports required by this chapter and
23.10has received no contributions into its political fund and made no expenditures or
23.11disbursements for electioneering communications through its political fund since the last
23.12date included on the association's most recent report; and
23.13(3) the association has satisfied all obligations to the state for late filing fees and civil
23.14penalties imposed by the board or the board has waived this requirement.
23.15 Subd. 2. Effect of voluntary inactive status. After an association has complied
23.16with the requirements of subdivision 1:
23.17(1) the board must notify the association that its political fund has been placed in
23.18voluntary inactive status and of the terms of this section;
23.19(2) the board must stop sending the association reports, forms, and notices of report
23.20due dates that are periodically sent to entities registered with the board;
23.21(3) the association is not required to file periodic disclosure reports for its political
23.22fund as otherwise required under this chapter;
23.23(4) the association may not accept contributions into its political fund and may not
23.24make expenditures, contributions, or disbursements for electioneering communications
23.25through its political fund; and
23.26(5) if the association maintains a separate depository account for its political fund,
23.27it may continue to pay bank service charges and receive interest paid on that account
23.28while its political fund is in inactive status.
23.29 Subd. 3. Resumption of active status or termination. (a) An association that
23.30has placed its political fund in voluntary inactive status may resume active status upon
23.31written notice to the board.
23.32(b) A political fund placed in voluntary inactive status must resume active status
23.33within 14 days of the date that it has accepted contributions or made expenditures,
23.34contributions, or disbursements for electioneering communications that aggregate more
23.35than $750 since the political fund was placed on inactive status. If, after meeting this
24.1threshold, the association does not notify the board that its fund has resumed active
24.2status, the board may place the association's political fund in active status and notify the
24.3association of the change in status.
24.4(c) An association that has placed its political fund in voluntary inactive status may
24.5terminate the registration of the fund without returning it to active status.
24.6 Subd. 4. Penalty for financial activity while in voluntary inactive status. If an
24.7association fails to notify the board of its political fund's resumption of active status under
24.8subdivision 3, the board may impose a civil penalty of $50 per day, not to exceed $1,000
24.9commencing on the 15th calendar day after the fund resumed active status.
24.10 Sec. 38. [10A.245] ADMINISTRATIVE TERMINATION OF INACTIVE
24.11COMMITTEES AND FUNDS.
24.12 Subdivision 1. Inactivity defined. (a) A principal campaign committee becomes
24.13inactive on the later of the following dates:
24.14(1) six years after the last election in which the individual for whom the committee
24.15exists was a candidate for the office sought or held at the time the principal campaign
24.16committee registered with the board; or
24.17(2) six years after the last day on which the individual for whom the committee
24.18exists served in an elective office subject to this chapter.
24.19(b) A political committee, political fund, or party unit becomes inactive when
24.20four years have elapsed since the end of a reporting period during which the political
24.21committee, political fund, or party unit made an expenditure or disbursement requiring
24.22itemized disclosure under this chapter.
24.23(c) A political fund that has elected voluntary inactive status under section 10A.244
24.24becomes inactive within the meaning of this section when four years have elapsed during
24.25which the political fund was continuously in voluntary inactive status.
24.26 Subd. 2. Termination by board. The board may terminate the registration of a
24.27principal campaign committee, party unit, political committee, or political fund found to be
24.28inactive under this section 60 days after sending written notice of inactivity by certified mail
24.29to the affected association at the last address on record with the board for that association.
24.30Within 60 days after the board sends notice under this section, the affected association must
24.31dispose of its assets as provided in this subdivision. The assets of the principal campaign
24.32committee, party unit, or political committee must be used for the purposes authorized by
24.33this chapter or section 211B.12 or must be liquidated and deposited in the general account
24.34of the state elections campaign account. The assets of an association's political fund that
24.35were derived from the association's general treasury money revert to the association's
25.1general treasury. Assets of a political fund that resulted from contributions to the political
25.2fund must be used for the purposes authorized by this chapter or section 211B.12 or must
25.3be liquidated and deposited in the general account of the state elections campaign account.
25.4 Sec. 39. [10A.246] UNPAID DEBT UPON TERMINATION.
25.5Termination of a registration with the board does not affect the liability, if any, of the
25.6association or its candidates, officers, or other individuals for obligations incurred in the
25.7name of the association or its political fund.
25.8 Sec. 40. Minnesota Statutes 2012, section 10A.25, subdivision 2, is amended to read:
25.9 Subd. 2. Amounts. (a) In ayear in which an election is held for an office sought by a
25.10candidate segment of an election cycle, the principal campaign committee of the candidate
25.11must not make campaign expenditures nor permit approved expenditures to be made on
25.12behalf of the candidate that result in aggregate expenditures in excess of the following:
25.13(1) for governor and lieutenant governor, running together,$2,577,200 $3,500,000
25.14in the election segment and $1,500,000 in the nonelection segment;
25.15(2) for attorney general,$429,600 $600,000 in the election segment and $200,000 in
25.16the nonelection segment;
25.17(3) for secretary of state and state auditor, separately,$214,800 $300,000 in the
25.18election segment and $100,000 in the nonelection segment;
25.19(4) for state senator,$68,100 $90,000 in the election segment and $30,000 in
25.20a non-election segment;
25.21(5) for state representative,$34,300 $60,000 in the election segment.
25.22(b) In addition to the amount in paragraph (a), clause (1), a candidate for
25.23endorsement for the office of lieutenant governor at the convention of a political party
25.24may make campaign expenditures and approved expenditures of five percent of that
25.25amount to seek endorsement.
25.26(c) If a special election cycle occurs during a general election cycle, expenditures by
25.27or on behalf of a candidate in the special election do not count as expenditures by or on
25.28behalf of the candidate in the general election.
25.29(d) The expenditure limits in this subdivision for an office are increased by ten
25.30percent for a candidate whois running for that has not previously held the same office
25.31 for the first time, whose name has not previously been on the primary or general election
25.32ballot for that office, and who has not in the past ten years raised or spent more than $750
25.33in a runpreviously for any other office whose territory now includes a population that
25.34is more than one-third of the population in the territory of the new office. In the case of
26.1a legislative candidate, the office is that of a member of the house of representatives or
26.2senate without regard to any specific district.
26.3 Sec. 41. Minnesota Statutes 2012, section 10A.25, subdivision 2a, is amended to read:
26.4 Subd. 2a. Aggregated expenditures. If a candidate makes expenditures from more
26.5than one principal campaign committee for nomination or election to statewide office in
26.6the same segment of an electionyear cycle, the amount of expenditures from all of the
26.7candidate's principal campaign committees for statewide office for that segment of the
26.8 electionyear cycle must be aggregated for purposes of applying the limits on expenditures
26.9under subdivision 2.
26.10 Sec. 42. Minnesota Statutes 2012, section 10A.25, subdivision 3, is amended to read:
26.11 Subd. 3. Governor and lieutenant governor a single candidate. For the purposes
26.12ofsections 10A.11 to 10A.34 this chapter, a candidate for governor and a candidate
26.13for lieutenant governor, running together, are considered a single candidate. Except as
26.14provided in subdivision 2, paragraph (b),Allall expenditures made by or all approved
26.15expenditures made on behalf of the candidate for lieutenant governor are considered to be
26.16expenditures by or approved expenditures on behalf of the candidate for governor.
26.17 Sec. 43. Minnesota Statutes 2012, section 10A.25, subdivision 3a, is amended to read:
26.18 Subd. 3a. Independent expenditures and electioneering communications. The
26.19principal campaign committee of a candidate must not make independent expenditures or
26.20disbursements for electioneering communications.
26.21 Sec. 44. Minnesota Statutes 2012, section 10A.257, subdivision 1, is amended to read:
26.22 Subdivision 1. Unused funds. After all campaign expenditures and noncampaign
26.23disbursements for an election cycle have been made, an amount up to50 25 percent of the
26.24electionyear cycle expenditure limit for the office may be carried forward. Any remaining
26.25amount up to the total amount of the public subsidy from the state elections campaign fund
26.26must be returned to the state treasury for credit to the general fund under section10A.324 .
26.27Any remaining amount in excess of the total public subsidy must be contributed to the
26.28state elections campaignfund account or a political party for multicandidate expenditures
26.29as defined in section10A.275 .
26.30 Sec. 45. Minnesota Statutes 2012, section 10A.27, subdivision 1, is amended to read:
27.1 Subdivision 1. Contribution limits. (a) Except as provided in subdivision 2,
27.2a candidate must not permit the candidate's principal campaign committee to accept
27.3aggregate contributions made or delivered by any individual, political committee, or
27.4political fund in excess of the following:
27.5(1) to candidates for governor and lieutenant governor running together,$2,000
27.6 $4,000 in the election segment of an electionyear cycle for the office sought and $500
27.7 $2,000 inother years the nonelection segment of the election cycle;
27.8(2) to a candidate for attorney general,secretary of state, or state auditor, $1,000
27.9 $2,500 in the election segment of an electionyear cycle for the office sought and $200
27.10 $1,500 inother years the nonelection segment of the election cycle;
27.11(3) to a candidate for secretary of state or state auditor, $2,000 in the election
27.12segment of an election cycle and $1,000 in the nonelection segment of the election cycle;
27.13(3) (4) to a candidate for state senator, $500 $1,000 in the election segment of an
27.14electionyear cycle for the office sought and $100 $500 in other years a nonelection
27.15segment of the election cycle;
27.16(4) (5) to a candidate for state representative, $500 $1,000 in the election segment of
27.17an electionyear cycle for the office sought and $100 in the other year; and
27.18(5) (6) to a candidate for judicial office, $2,000 $2,500 in the election segment of
27.19an electionyear cycle for the office sought and $500 $1,000 in other years a nonelection
27.20segment of the election cycle.
27.21(b) The following deliveries are not subject to the bundling limitation in this
27.22subdivision:
27.23(1) delivery of contributions collected by a member of the candidate's principal
27.24campaign committee, such as a block worker or a volunteer who hosts a fund-raising
27.25event, to the committee's treasurer; and
27.26(2) a delivery made by an individual on behalf of the individual's spouse.
27.27(c) A lobbyist, political committee, political party unit,or political fund, or an
27.28association not registered with the board must not make a contribution a candidate is
27.29prohibited from accepting.
27.30 Sec. 46. Minnesota Statutes 2012, section 10A.27, subdivision 10, is amended to read:
27.31 Subd. 10. Limited personal contributions. A candidate whoaccepts a public
27.32subsidy signs an agreement under section 10A.322 may not contribute to the candidate's
27.33own campaign during ayear segment of an election cycle more than ten five times the
27.34candidate'selection year contribution limit for that segment under subdivision 1.
28.1 Sec. 47. Minnesota Statutes 2012, section 10A.27, subdivision 11, is amended to read:
28.2 Subd. 11. Contributions from certain types of contributors. A candidate must
28.3not permit the candidate's principal campaign committee to accept a contribution from
28.4a political committee, political fund, lobbyist,or large contributor, or association not
28.5registered with the board if the contribution will cause the aggregate contributions from
28.6those types of contributors during an election cycle segment to exceed an amount equal
28.7to 20 percent of the election cycle segment expenditure limits for the office sought by
28.8the candidate, provided that the 20 percent limit must be rounded to the nearest $100.
28.9For purposes of this subdivision, "large contributor" means an individual, other than the
28.10candidate, who contributes an amount that ismore than $100 and more than one-half the
28.11amount an individual may contribute during the election cycle segment.
28.12 Sec. 48. Minnesota Statutes 2012, section 10A.27, subdivision 13, is amended to read:
28.13 Subd. 13. Unregistered association limit; statement; penalty. (a) The treasurer of
28.14a political committee, political fund, principal campaign committee, or party unit must not
28.15accept a contribution of more than$100 $200 from an association not registered under
28.16this chapter unless the contribution is accompanied by a written statement that meets the
28.17disclosure and reporting period requirements imposed by section10A.20 . This statement
28.18must be certified as true and correct by an officer of the contributing association. The
28.19committee, fund, or party unit that accepts the contribution must include a copy of the
28.20statement with the report that discloses the contribution to the board.This subdivision
28.21does not apply when a national political party contributes money to its affiliate in this state.
28.22(b) An unregistered association may provide the written statement required by this
28.23subdivision to no more than three committees, funds, or party units in a calendar year. Each
28.24statement must cover at least the 30 days immediately preceding and including the date on
28.25which the contribution was made. An unregistered association or an officer of it is subject
28.26to a civil penalty imposed by the board of up to $1,000, if the association or its officer:
28.27(1) fails to provide a written statement as required by this subdivision; or
28.28(2) fails to register after giving the written statement required by this subdivision to
28.29more than three committees, funds, or party units in a calendar year.
28.30(c) The treasurer of a political committee, political fund, principal campaign
28.31committee, or party unit who accepts a contribution in excess of$100 $200 from an
28.32unregistered association without the required written disclosure statement is subject to a
28.33civil penalty up to four times the amount in excess of$100 $200.
28.34(d) This subdivision does not apply:
28.35(1) when a national political party contributes money to its state committee; or
29.1(2) to purchases by candidates for federal office of tickets to events or space rental
29.2at events held by party units in this state (i) if the geographical area represented by the
29.3party unit includes any part of the geographical area of the office that the federal candidate
29.4is seeking and (ii) the purchase price is not more than that paid by other attendees or
29.5renters of similar spaces.
29.6 Sec. 49. Minnesota Statutes 2012, section 10A.27, subdivision 14, is amended to read:
29.7 Subd. 14. Contributions of business revenue. An association may, if not prohibited
29.8by other law, contribute revenue from the operation of a business to an independent
29.9expenditure or ballot question political committee oran independent expenditure political
29.10 fund without complying with subdivision 13.
29.11 Sec. 50. Minnesota Statutes 2012, section 10A.27, subdivision 15, is amended to read:
29.12 Subd. 15. Contributionsof dues or contribution revenue or use of general
29.13treasury money. (a) An association may, if not prohibited by other law, contributerevenue
29.14from membership dues or fees, or from contributions received by the association its general
29.15treasury money to an independent expenditure or ballot question political committee or
29.16an independent expenditure political fund, including its own independent expenditure or
29.17ballot question political committee or fund, without complying with subdivision 13.
29.18(b) Before the day when the recipient committee or fund's next report must be
29.19filed with the board under section10A.20, subdivision 2 or 5, an association that has
29.20contributed more than $5,000or more in aggregate to independent expenditure political
29.21committees or funds during the calendar year or has contributed more than $5,000 in
29.22aggregate to ballot question political committees or funds during the calendar year
29.23must provide in writing to the recipient's treasurer a statement that includes the name,
29.24address, and amount attributable to eachindividual or association person that paid the
29.25association dues or fees, or madecontributions donations to the association that, in total,
29.26aggregate$1,000 or more more than $5,000 of the contribution from the association to the
29.27independent expenditure or ballot question political committee or fund. The statement
29.28must also include the total amount of the contributionfrom individuals or associations
29.29 attributable to persons not subject to itemization under this section. The statement must be
29.30certified as trueand correct by an officer of the donor association.
29.31(b) (c) To determine the amount of membership dues or fees, or contributions
29.32 donations made byan individual or association that exceed $1,000 of the contribution
29.33made by the donor association a person to an association and attributable to the
29.34association's contribution to the independent expenditure or ballot question political
30.1committee or fund, the donor association must: separately prorate the total independent
30.2expenditures and ballot question expenditures made during the calendar year over all
30.3general treasury money received during the calendar year.
30.4(1) apply a pro rata calculation to all unrestricted dues, fees, and contributions
30.5received by the donor association in the calendar year; or
30.6(2) as provided in paragraph (c), identify the specific individuals or associations
30.7whose dues, fees, or contributions are included in the contribution to the independent
30.8expenditure political committee or fund.
30.9(c) Dues, fees, or contributions from an individual or association must be identified
30.10in a contribution to an independent expenditure political committee or fund under
30.11paragraph (b) , clause (2), if:
30.12(1) the individual or association has specifically authorized the donor association to
30.13use the individual's or association's dues, fees, or contributions for this purpose; or
30.14(2) the individual's or association's dues, fees, or contributions to the donor
30.15association are unrestricted and the donor association designates them as the source of the
30.16subject contribution to the independent expenditure political committee or fund.
30.17(d) If the amount contributed to independent expenditure and ballot question
30.18political committees or funds in a calendar year exceeds the amount of general treasury
30.19money received by the association during that year:
30.20(1) the contributions must be attributed first to all receipts of general treasury money
30.21received during the calendar year in which the contributions were made;
30.22(2) any amount of current-year contributions that exceeds the total of all receipts of
30.23general treasury money during the current calendar year must be prorated over all general
30.24treasury money received in the preceding calendar year; and
30.25(3) if the allocation made in clauses (1) and (2) is insufficient to cover the subject
30.26contributions, no further allocation is required.
30.27(e) After a portion ofan individual's or association's dues, fees, or contributions to
30.28the donor association have the general treasury money received by an association from a
30.29person has been designated as the source of a contribution to an independent expenditure or
30.30ballot question political committee or fund, that portion of theindividual's or association's
30.31dues, fees, or contributions to the donor association association's general treasury money
30.32received from that person may not be designated as the source of any other contribution to
30.33an independent expenditure or ballot question political committee or fund or as the source
30.34of funds for a disbursement for electioneering communications made by that association.
31.1(d) For the purposes of this section, "donor association" means the association
31.2contributing to an independent expenditure political committee or fund that is required to
31.3provide a statement under paragraph (a).
31.4 Sec. 51. Minnesota Statutes 2012, section 10A.323, is amended to read:
31.510A.323 AFFIDAVIT OF CONTRIBUTIONS.
31.6 (a) In addition to the requirements of section10A.322 , to be eligible to receive a
31.7public subsidy under section10A.31 a candidate or the candidate's treasurer must file an
31.8affidavit with the board stating that:
31.9 (1) between January 1 of the previous year and the cutoff date for transactions
31.10included in the report of receipts and expenditures due before the primary electionthe
31.11candidate has accumulated, accumulate contributions from persons individuals eligible to
31.12vote in this state in at least the amount indicated for the office sought, counting only the
31.13first $50 received from each contributor, excluding in-kind contributions:
31.14(1) (i) candidates for governor and lieutenant governor running together, $35,000;
31.15(2) (ii) candidates for attorney general, $15,000;
31.16(3) (iii) candidates for secretary of state and state auditor, separately, $6,000;
31.17(4) (iv) candidates for the senate, $3,000; and
31.18(5) (v) candidates for the house of representatives, $1,500.;
31.19 (2) the candidate or the candidate's treasurer must file an affidavit with the board
31.20stating that the principal campaign committee has complied with this paragraph. The
31.21affidavit must state the total amount of contributions that have been received frompersons
31.22 individuals eligible to vote in this state,disregarding excluding:
31.23 (i) the portion of any contribution in excess of $50.;
31.24(ii) any in-kind contribution; and
31.25(iii) any contribution for which the name and address of the contributor is not known
31.26and recorded; and
31.27 (3) the candidate or the candidate's treasurer must submit the affidavit required
31.28by this section to the board in writing by the deadline for reporting of receipts and
31.29expenditures before a primary under section10A.20 , subdivision 4.
31.30 (b) A candidate for a vacancy to be filled at a special election for which the filing
31.31period does not coincide with the filing period for the general election must accumulate
31.32the contributions specified in paragraph (a) and must submit the affidavit required by this
31.33section to the board within five days after the close of the filing period for the special
31.34election for which the candidate filed.
32.1 Sec. 52. Minnesota Statutes 2012, section 211B.32, subdivision 1, is amended to read:
32.2 Subdivision 1. Administrative remedy; exhaustion. (a) Except as provided in
32.3paragraph (b), a complaint alleging a violation of chapter 211A or 211B must be filed with
32.4the office. The complaint must be finally disposed of by the office before the alleged
32.5violation may be prosecuted by a county attorney.
32.6(b) Complaints arising under those sections and related to those individuals and
32.7associations specified in section 10A.02, subdivision 11, paragraph (a), must be filed with
32.8the Campaign Finance and Public Disclosure Board.
32.9 Sec. 53. REPEALER.
32.10Minnesota Statutes 2012, sections 10A.24; 10A.242; and 10A.25, subdivision 6, are
32.11repealed.
32.12 Sec. 54. EFFECTIVE DATE.
32.13 This article is effective the day following final enactment.
32.16 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:
32.17 Subd. 35. Public official. "Public official" means any:
32.18 (1) member of the legislature;
32.19 (2) individual employed by the legislature as secretary of the senate, legislative
32.20auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
32.21legislative analyst, fiscal analyst, or attorney in the Office of Senate Counseland, Research
32.22or, and Fiscal Analysis, House Research, or the House Fiscal Analysis Department;
32.23 (3) constitutional officer in the executive branch and the officer's chief administrative
32.24deputy;
32.25 (4) solicitor general or deputy, assistant, or special assistant attorney general;
32.26 (5) commissioner, deputy commissioner, or assistant commissioner of any state
32.27department or agency as listed in section15.01 or
15.06 , or the state chief information
32.28officer;
32.29 (6) member, chief administrative officer, or deputy chief administrative officer of a
32.30state board or commission that has either the power to adopt, amend, or repeal rules under
32.31chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
32.32 (7) individual employed in the executive branch who is authorized to adopt, amend,
32.33or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
33.1 (8) executive director of the State Board of Investment;
33.2 (9) deputy of any official listed in clauses (7) and (8);
33.3 (10) judge of the Workers' Compensation Court of Appeals;
33.4 (11) administrative law judge or compensation judge in the State Office of
33.5Administrative Hearings or unemployment law judge in the Department of Employment
33.6and Economic Development;
33.7 (12) member, regional administrator, division director, general counsel, or operations
33.8manager of the Metropolitan Council;
33.9 (13) member or chief administrator of a metropolitan agency;
33.10 (14) director of the Division of Alcohol and Gambling Enforcement in the
33.11Department of Public Safety;
33.12 (15) member or executive director of the Higher Education Facilities Authority;
33.13 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
33.14 (17) member of the board of directors or executive director of the Minnesota State
33.15High School League;
33.16 (18) member of the Minnesota Ballpark Authority established in section473.755 ;
33.17 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
33.18 (20) manager of a watershed district, or member of a watershed management
33.19organization as defined under section103B.205, subdivision 13 ;
33.20 (21) supervisor of a soil and water conservation district;
33.21(22) director of Explore Minnesota Tourism;
33.22 (23) citizen member of the Lessard-Sams Outdoor Heritage Council established
33.23in section 97A.056;
33.24(24) citizen member of the Clean Water Council established in section114D.30 ; or
33.25(25) member or chief executive of the Minnesota Sports Facilities Authority
33.26established in section473J.07 .
33.27 Sec. 2. Minnesota Statutes 2012, section 10A.025, subdivision 4, is amended to read:
33.28 Subd. 4. Changes and corrections. Material changes in information previously
33.29submitted and corrections to a report or statement must be reported in writing to the board
33.30within ten days following the date of the event prompting the change or the date upon
33.31which the person filing became aware of the inaccuracy. The change or correction must
33.32identify the form and the paragraph containing the information to be changed or corrected.
33.33A person who willfully fails to report a material change or correctionis guilty of a
33.34gross misdemeanor and is subject to a civil penalty imposed by the board of up to $3,000.
33.35 A willful violation of this subdivision is a gross misdemeanor.
34.1The board must send a notice by certified mail to any individual who fails to file a
34.2report required by this subdivision. If the individual fails to file the required report within
34.3ten business days after the notice was sent, the board may impose a late filing fee of $5 per
34.4day up to $100 starting on the 11th day after the notice was sent. The board must send
34.5an additional notice by certified mail to an individual who fails to file a report within 14
34.6days after the first notice was sent by the board that the individual may be subject to a
34.7civil penalty for failure to file a report. An individual who fails to file a report required by
34.8this subdivision within seven days after the second notice was sent by the board is subject
34.9to a civil penalty imposed by the board of up to $1,000.
34.10 Sec. 3. Minnesota Statutes 2012, section 10A.04, subdivision 5, is amended to read:
34.11 Subd. 5. Late filing. If a lobbyist or principal fails to file a report required by
34.12this sectionwithin ten business days after by the date the report was due, the board may
34.13impose a late filing fee of$5 $25 per day, not to exceed $100 $1,000, commencing with
34.14 the11th day after the report was due. The board must send notice by certified mail to any
34.15lobbyist or principal who fails to file a report within ten business days after the report was
34.16due that the lobbyist or principal may be subject to a civil penalty for failure to file the
34.17report or pay the fee. A lobbyist or principal who fails to file a report or statement or pay a
34.18fee within seven days after the certified mail notice was sent by the board is subject to a
34.19civil penalty imposed by the board of up to $1,000.
34.20 Sec. 4. Minnesota Statutes 2012, section 10A.16, is amended to read:
34.2110A.16 EARMARKING CONTRIBUTIONS PROHIBITED.
34.22An individual, political committee, political fund, principal campaign committee, or
34.23party unit may not solicit or accept a contribution from any source with the express or
34.24implied condition that the contribution or any part of it be directed to a particular candidate
34.25other than the initial recipient. An individual, political committee, political fund, principal
34.26campaign committee, or party unit that knowingly accepts any earmarked contribution is
34.27guilty of a gross misdemeanor and subject to a civil penalty imposed by the board of up to
34.28$3,000. Knowingly accepting any earmarked contribution is a gross misdemeanor.
34.29 Sec. 5. Minnesota Statutes 2012, section 10A.20, subdivision 4, is amended to read:
34.30 Subd. 4. Period of report. A report must cover the period from January 1 of the
34.31reporting year to seven days before the filing date, except that the report due on January
34.3231 must cover the period fromthe last day covered by the previous report January 1 to
34.33December 31 of the reporting year.
35.1 Sec. 6. Minnesota Statutes 2012, section 10A.20, subdivision 12, is amended to read:
35.2 Subd. 12. Failure to file; penalty. If an individual fails to file a report required by
35.3this section that is due January 31within ten business days after the report was due, the
35.4board may impose a late filing fee of $25 per day, not to exceed $1,000, commencing
35.5the day after the report was due.
35.6If an individual fails to file a report required by this section that is due before a
35.7primary or general electionwithin three days after the date due, regardless of whether the
35.8individual has received any notice, the board may impose a late filing fee of $50 per day,
35.9not to exceed $1,000, commencing on the day after the date the statement was due.
35.10The board must send notice by certified mail to an individual who fails to file a
35.11report within ten business days after the report was due that the individual may be subject
35.12to a civil penalty for failure to file the report. An individual who fails to file the report
35.13within seven days after the certified mail notice was sent by the board is subject to a civil
35.14penalty imposed by the board of up to $1,000.
35.15 Sec. 7. Minnesota Statutes 2012, section 10A.273, subdivision 1, is amended to read:
35.16 Subdivision 1. Contributions during legislative session. (a) A candidate for the
35.17legislature or for constitutional office, the candidate's principal campaign committee, or
35.18a political committee or party unit established by all or a part of the party organization
35.19within a house of the legislature, must not solicit or accept a contribution from a registered
35.20lobbyist, political committee, political fund,or dissolving principal campaign committee
35.21 an association not registered with the board, orfrom a party unit established by the party
35.22organization within a house of the legislature, during a regular session of the legislature.
35.23(b) A registered lobbyist, political committee, political fund,or dissolving principal
35.24campaign committee an association not registered with the board, or a party unit established
35.25by the party organization within a house of the legislature, must not make a contribution to a
35.26candidate for the legislature or for constitutional office, the candidate's principal campaign
35.27committee, or a political committee or party unit established by all or a part of the party
35.28organization within a house of the legislature during a regular session of the legislature.
35.29 Sec. 8. Minnesota Statutes 2012, section 10A.273, subdivision 4, is amended to read:
35.30 Subd. 4. Civil penalty. A candidate, political committee, party unit, political fund,
35.31principal campaign committee an association not registered with the board, or a registered
35.32lobbyist that violates this section is subject to a civil penalty imposed by the board of up
35.33to $1,000. If the board makes a public finding that there is probable cause to believe a
35.34violation of this section has occurred, the boardmust may bring an action, or transmit the
36.1finding to a county attorney who must bring an action, in the District Court of Ramsey
36.2County, to collect a civil penalty as imposed by the board. Penalties paid under this section
36.3must be deposited in the general fund in the state treasury.
36.4 Sec. 9. Minnesota Statutes 2012, section 10A.30, is amended to read:
36.510A.30 STATE ELECTIONS CAMPAIGNFUND ACCOUNT.
36.6 Subdivision 1. Establishment. An account is established in the special revenue fund
36.7of the state known as the "state elections campaignfund account."
36.8 Subd. 2. Separate account. Within the state elections campaignfund account there
36.9must be maintained a separate political party account for the state committee and the
36.10candidates of each political party and a general account.
36.11 Subd. 3. Special elections account. An account is established in the special revenue
36.12fund of the state known as the "state special elections campaign account."
36.13 Sec. 10. Minnesota Statutes 2012, section 10A.31, subdivision 7, is amended to read:
36.14 Subd. 7. Distribution of general account. (a) As soon as the board has obtained
36.15the results of the primary election from the secretary of state, but no later than one week
36.16after certification of the primary results by the State Canvassing Board, the board must
36.17distribute the available money in the general account, as certified by the commissioner of
36.18revenueon September 1 one week before the state primary and according to allocations set
36.19forth in subdivision 5, in equal amounts to all candidates of a major political party whose
36.20names are to appear on the ballot in the general election and who:
36.21(1) have signed a spending limit agreement under section10A.322 ;
36.22(2) have filed the affidavit of contributions required by section10A.323 ; and
36.23(3) were opposed in either the primary election or the general election.
36.24(b) The public subsidy under this subdivision may not be paid in an amount that
36.25would cause the sum of the public subsidy paid from the party account plus the public
36.26subsidy paid from the general account to exceed 50 percent of the expenditure limit for the
36.27candidate or 50 percent of the expenditure limit that would have applied to the candidate if
36.28the candidate had not been freed from expenditure limits under section10A.25, subdivision
36.2910 . Money from the general account not paid to a candidate because of the 50 percent limit
36.30must be distributed equally among all other qualifying candidates for the same office until
36.31all have reached the 50 percent limit or the balance in the general account is exhausted.
36.32(c) A candidate must expend or become obligated to expend at least an amount equal
36.33to 50 percent of the money distributed by the board under this subdivision no later than the
36.34end of the final reporting period preceding the general election. Otherwise, the candidate
37.1must repay to the board the difference between the amount the candidate spent or became
37.2obligated to spend by the deadline and the amount distributed to the candidate under this
37.3subdivision. The candidate must make the repayment no later than six months following
37.4the general election. The candidate must reimburse the board for all reasonable costs,
37.5including litigation costs, incurred in collecting any amount due.
37.6If the board determines that a candidate has failed to repay money as required by this
37.7paragraph, the board may not distribute any additional money to the candidate until the
37.8entirety of the repayment has been made.
37.9 Sec. 11. Minnesota Statutes 2012, section 10A.315, is amended to read:
37.1010A.315 SPECIAL ELECTION SUBSIDY.
37.11(a) Each eligible candidate for a legislative office in a special election must be
37.12paid a public subsidy equal to the sum of:
37.13(1) the party account money at the last general election for the candidate's party
37.14for the office the candidate is seeking; and
37.15(2) the general account money paid to a candidate for the same office at the last
37.16general election.
37.17(b) A candidate who wishes to receive this public subsidy must submit a signed
37.18agreement under section10A.322 to the board and must meet the contribution
37.19requirements of section10A.323 . The special election subsidy must be distributed in the
37.20same manner as money in the party and general accounts is distributed to legislative
37.21candidates in a general election.
37.22(c) The amount necessary to make the payments required by this section is
37.23appropriated from the general fundto the board for transfer to the state special elections
37.24campaign account for distribution by the board as set forth in this section.
37.25 Sec. 12. Minnesota Statutes 2012, section 10A.322, subdivision 4, is amended to read:
37.26 Subd. 4. Refund receipt forms; penalty. The board must make available to a
37.27political party on request and to any candidate for whom an agreement under this section
37.28is effective, a supply of official refund receipt forms that state in boldface type that:
37.29(1) a contributor who is given a receipt form is eligible to claim a refund as provided
37.30in section290.06, subdivision 23 ,; and
37.31(2) if the contribution is to a candidate, that the candidate has signed an agreement to
37.32limit campaign expenditures as provided in this section.
37.33The forms must provide duplicate copies of the receipt to be attached to the contributor's
37.34claim.A candidate who does not sign an agreement under this section and who willfully
38.1issues The willful issuance of an official refund receipt form or a facsimile of one to any
38.2of the candidate's contributors by a candidate or treasurer of a candidate who did not sign
38.3an agreement under this section isguilty of a misdemeanor.
38.4 Sec. 13. EFFECTIVE DATE.
38.5 This article is effective the day following final enactment.
38.8 Section 1. Minnesota Statutes 2012, section 10A.242, subdivision 1, is amended to read:
38.9 Subdivision 1. Dissolution required. A political committee, political fund, or
38.10principal campaign committee must be dissolved within 60 days after receiving notice
38.11from the board that the committee or fund has become inactive. The assets of the
38.12committee or fund must be spent for the purposes authorized by section211B.12 and other
38.13applicable law or liquidated and deposited in the general account of the state elections
38.14campaignfund account within 60 days after the board notifies the committee or fund
38.15that it has become inactive.
38.16 Sec. 2. Minnesota Statutes 2012, section 10A.27, subdivision 9, is amended to read:
38.17 Subd. 9. Contributions to and from other candidates. (a) A candidate or the
38.18treasurer of a candidate's principal campaign committee must not accept a contribution
38.19from another candidate's principal campaign committee or from any other committee
38.20bearing the contributing candidate's name or title or otherwise authorized by the
38.21contributing candidate, unless the contributing candidate's principal campaign committee
38.22is being dissolved. A candidate's principal campaign committee must not make a
38.23contribution to another candidate's principal campaign committee, except when the
38.24contributing committee is being dissolved.
38.25(b) A principal campaign committee that makes a contribution to another principal
38.26campaign committee must provide with the contribution a written statement of the
38.27committee's intent to dissolve and terminate its registration within 12 months after the
38.28contribution was made. If the committee fails to dissolve and terminate its registration by
38.29that time, the board may levy a civil penalty up to four times the size of the contribution
38.30against the contributing committee. A contribution from a terminating principal campaign
38.31committee that is not accepted by another principal campaign committee must be forwarded
38.32to the board for deposit in the general account of the state elections campaignfund account.
39.1(c) A candidate's principal campaign committee must not accept a contribution from,
39.2or make a contribution to, a committee associated with a person who seeks nomination
39.3or election to the office of president, senator, or representative in Congress of the United
39.4States.
39.5(d) A candidate or the treasurer of a candidate's principal campaign committee must
39.6not accept a contribution from a candidate for political subdivision office in any state,
39.7unless the contribution is from the personal funds of the candidate for political subdivision
39.8office. A candidate or the treasurer of a candidate's principal campaign committee must
39.9not make a contribution from the principal campaign committee to a candidate for political
39.10subdivision office in any state.
39.11 Sec. 3. Minnesota Statutes 2012, section 10A.31, subdivision 1, is amended to read:
39.12 Subdivision 1. Designation. An individual resident of this state who files an income
39.13tax return or a renter and homeowner property tax refund return with the commissioner of
39.14revenue may designate on their original return that $5 be paid from the general fund of
39.15the state into the state elections campaignfund account. If a husband and wife file a joint
39.16return, each spouse may designate that $5 be paid. No individual is allowed to designate
39.17$5 more than once in any year. The taxpayer may designate that the amount be paid into
39.18the account of a political party or into the general account.
39.19 Sec. 4. Minnesota Statutes 2012, section 10A.31, subdivision 4, is amended to read:
39.20 Subd. 4. Appropriation. (a) The amounts designated by individuals for the state
39.21elections campaignfund account, less three percent, are appropriated from the general
39.22fund, must be transferred and credited to the appropriate account in the state elections
39.23campaignfund account, and are annually appropriated for distribution as set forth in
39.24subdivisions 5, 5a, 6, and 7. The remaining three percent must be kept in the general fund
39.25for administrative costs.
39.26(b) In addition to the amounts in paragraph (a), $1,020,000 for each general election
39.27is appropriated from the general fund for transfer to the general account of the state
39.28elections campaignfund account.
39.29 Sec. 5. Minnesota Statutes 2012, section 10A.321, subdivision 1, is amended to read:
39.30 Subdivision 1. Calculation and certification of estimates. The commissioner of
39.31revenue must calculate and certify to the board one week before the first day for filing for
39.32office in each election year an estimate of the total amount in the state general account
39.33of the state elections campaignfund account and the amount of money each candidate
40.1who qualifies, as provided in section10A.31 , subdivisions 6 and 7, may receive from the
40.2candidate's party account in the state elections campaignfund account. This estimate must
40.3be based upon the allocations and formulas in section10A.31 , subdivisions 5 and 5a, any
40.4necessary vote totals provided by the secretary of state to apply the formulas in section
40.510A.31
, subdivisions 5 and 5a, and the amount of money expected to be available after
40.6100 percent of the tax returns have been processed.
40.7 Sec. 6. Minnesota Statutes 2012, section 10A.324, subdivision 1, is amended to read:
40.8 Subdivision 1. When return required. A candidate must return all or a portion
40.9of the public subsidy received from the state elections campaignfund account or the
40.10public subsidy received under section10A.315 , under the circumstances in this section or
40.11section10A.257, subdivision 1 .
40.12To the extent that the amount of public subsidy received exceeds the aggregate of:
40.13(1) actual expenditures made by the principal campaign committee of the candidate; and
40.14(2) approved expenditures made on behalf of the candidate, the treasurer of the candidate's
40.15principal campaign committee must return an amount equal to the difference to the board.
40.16The cost of postage that was not used during an election cycle and payments that created
40.17credit balances at vendors at the close of an election cycle are not considered expenditures
40.18for purposes of determining the amount to be returned. Expenditures in excess of the
40.19candidate's spending limit do not count in determining aggregate expenditures under
40.20this paragraph.
40.21 Sec. 7. Minnesota Statutes 2012, section 211B.37, is amended to read:
40.22211B.37 COSTS ASSESSED.
40.23Except as otherwise provided in section211B.36, subdivision 3 , the chief
40.24administrative law judge shall assess the cost of considering complaints filed under section
40.25211B.32
as provided in this section. Costs of complaints relating to a statewide ballot
40.26question or an election for a statewide or legislative office must be assessed against the
40.27appropriation from the general fund to the general account of the state elections campaign
40.28fund account in section
10A.31, subdivision 4 . Costs of complaints relating to any other
40.29ballot question or elective office must be assessed against the county or counties in
40.30which the election is held. Where the election is held in more than one county, the chief
40.31administrative law judge shall apportion the assessment among the counties in proportion
40.32to their respective populations within the election district to which the complaint relates
40.33according to the most recent decennial federal census.
41.1 Sec. 8. EFFECTIVE DATE.
41.2 This article is effective the day following final enactment.
1.3changes to campaign finance and public disclosure law; expanding jurisdiction of
1.4Campaign Finance and Public Disclosure Board; expanding definition of public
1.5official;amending Minnesota Statutes 2012, sections 10A.01, subdivisions 10,
1.611, 16, 27, 28, 35, by adding subdivisions; 10A.02, subdivisions 9, 10, 11, 12,
1.715; 10A.025, subdivisions 2, 3, 4; 10A.04, subdivision 5; 10A.105, subdivision
1.81; 10A.12, subdivisions 1, 1a, 2; 10A.121; 10A.14, subdivision 1, by adding a
1.9subdivision; 10A.15, subdivisions 1, 3; 10A.16; 10A.20, subdivisions 1, 2, 3, 4,
1.105, 6, 7, 12, by adding a subdivision; 10A.241; 10A.242, subdivision 1; 10A.25,
1.11subdivisions 2, 2a, 3, 3a; 10A.257, subdivision 1; 10A.27, subdivisions 1, 9, 10,
1.1211, 13, 14, 15; 10A.273, subdivisions 1, 4; 10A.30; 10A.31, subdivisions 1, 4, 7;
1.1310A.315; 10A.321, subdivision 1; 10A.322, subdivision 4; 10A.323; 10A.324,
1.14subdivision 1; 211B.32, subdivision 1; 211B.37; proposing coding for new law
1.15in Minnesota Statutes, chapter 10A; repealing Minnesota Statutes 2012, sections
1.1610A.24; 10A.242; 10A.25, subdivision 6.
1.17BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.20 Section 1. Minnesota Statutes 2012, section 10A.01, is amended by adding a
1.21subdivision to read:
1.22 Subd. 7c. Ballot question political committee. "Ballot question political
1.23committee" means a political committee that makes only expenditures to promote or defeat
1.24a ballot question and disbursements permitted under section 10A.121, subdivision 1.
1.25 Sec. 2. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
1.26to read:
2.1 Subd. 7d. Ballot question political fund. "Ballot question political fund" means
2.2a political fund that makes only expenditures to promote or defeat a ballot question and
2.3disbursements permitted under section 10A.121, subdivision 1.
2.4 Sec. 3. Minnesota Statutes 2012, section 10A.01, subdivision 10, is amended to read:
2.5 Subd. 10. Candidate. "Candidate" means an individual who seeks nomination or
2.6election as a state constitutional officer, legislator, or judge. An individual is deemed to seek
2.7nomination or election if the individual has taken the action necessary under the law of this
2.8state to qualify for nomination or election, has received contributions or made expenditures
2.9in excess of $100, or has given implicit or explicit consent for any other person to receive
2.10contributions or make expenditures in excess of $100, for the purpose of bringing about the
2.11individual's nomination or election. A candidate remains a candidate until the candidate's
2.12principal campaign committee is dissolved as provided in section
2.13 Sec. 4. Minnesota Statutes 2012, section 10A.01, subdivision 11, is amended to read:
2.14 Subd. 11. Contribution. (a) "Contribution" means money, a negotiable instrument,
2.15or a donation in kind that is given to a political committee, political fund, principal
2.16campaign committee, or party unit. An allocation by an association of general treasury
2.17money to be used for activities that must be or are reported through the association's
2.18political fund is considered to be a contribution for the purposes of disclosure required
2.19by this chapter.
2.20(b) "Contribution" includes a loan or advance of credit to a political committee,
2.21political fund, principal campaign committee, or party unit, if the loan or advance of credit
2.22is: (1) forgiven; or (2) repaid by an individual or an association other than the political
2.23committee, political fund, principal campaign committee, or party unit to which the loan
2.24or advance of credit was made. If an advance of credit or a loan is forgiven or repaid as
2.25provided in this paragraph, it is a contribution in the year in which the loan or advance
2.26of credit was made.
2.27(c) "Contribution" does not include services provided without compensation by an
2.28individual volunteering personal time on behalf of a candidate, ballot question, political
2.29committee, political fund, principal campaign committee, or party unit; the publishing or
2.30broadcasting of news items or editorial comments by the news media; or an individual's
2.31unreimbursed personal use of an automobile owned by the individual while volunteering
2.32personal time.
2.33 Sec. 5. Minnesota Statutes 2012, section 10A.01, subdivision 16, is amended to read:
3.1 Subd. 16. Election cycle. "Election cycle" means the period from January 1
3.2following a general election for an office to December 31 following the next general
3.3election for that office, except that "election cycle" for a special election means the period
3.4from the date the special election writ is issued to 60 days after the special election is held.
3.5 For a regular election, the period from January 1 of the year prior to an election year through
3.6December 31 of the election year is the "election segment" of the election cycle. Each
3.7other two-year segment of an election cycle is a "non-election segment" of the election
3.8cycle. An election cycle that consists of two calendar years has only an election segment.
3.9The election segment of a special election cycle includes the entire special election cycle.
3.10 Sec. 6. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
3.11to read:
3.12 Subd. 16a. Expressly advocating. "Expressly advocating" means:
3.13(1) that a communication clearly identifies a candidate and uses words or phrases
3.14of express advocacy; or
3.15(2) that a communication, when taken as a whole and with limited reference to
3.16external events, such as the proximity to the election, is susceptible of no interpretation
3.17by a reasonable person other than as advocating the election or defeat of one or more
3.18clearly identified candidates.
3.19 Sec. 7. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
3.20to read:
3.21 Subd. 17c. General treasury money. "General treasury money" means money
3.22that an association other than a principal campaign committee, party unit, or political
3.23committee accumulates through membership dues and fees, donations to the association
3.24for its general purposes, and income from the operation of a business. General treasury
3.25money does not include money collected to influence the nomination or election of
3.26candidates or to promote or defeat a ballot question.
3.27 Sec. 8. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
3.28to read:
3.29 Subd. 26a. Person. "Person" means an individual, an association, a political
3.30subdivision, or a public higher education system.
3.31 Sec. 9. Minnesota Statutes 2012, section 10A.01, subdivision 27, is amended to read:
4.1 Subd. 27. Political committee. "Political committee" means an association whose
4.2major purpose is to influence the nomination or election of
4.3candidates or to promote or defeat a ballot question, other than a principal campaign
4.4committee or a political party unit.
4.5 Sec. 10. Minnesota Statutes 2012, section 10A.01, subdivision 28, is amended to read:
4.6 Subd. 28. Political fund. "Political fund" means an accumulation of dues or
4.7voluntary contributions by an association other than a political committee, principal
4.8campaign committee, or party unit, if the accumulation is collected or expended to
4.9influence the nomination or election of
4.10or defeat a ballot question. The term "political fund" as used in this chapter may also refer
4.11to the association acting through its political fund.
4.12 Sec. 11. Minnesota Statutes 2012, section 10A.02, subdivision 9, is amended to read:
4.13 Subd. 9. Documents; information. The executive director must inspect all material
4.14filed with the board as promptly as necessary to comply with this chapter
4.15provisions of law requiring the filing of a document with the board, and with other
4.16provisions of law under the board's jurisdiction pursuant to subdivision 11. The executive
4.17director must immediately notify
4.18
4.19document filed with the board is inaccurate or does not comply with this chapter, or that
4.20the individual has failed to file a document required by this chapter or has failed to comply
4.21with this chapter or other provisions under the board's jurisdiction pursuant to subdivision
4.2211.
4.23
4.24
4.25 Sec. 12. Minnesota Statutes 2012, section 10A.02, subdivision 10, is amended to read:
4.26 Subd. 10. Audits and investigations. The board may make audits and investigations,
4.27impose statutory civil penalties, and issue orders for compliance with respect to
4.28
4.29chapter and provisions under the board's jurisdiction pursuant to subdivision 11. In all
4.30matters relating to its official duties, the board has the power to issue subpoenas and cause
4.31them to be served. If a person does not comply with a subpoena, the board may apply to
4.32the District Court of Ramsey County for issuance of an order compelling obedience to the
4.33subpoena. A person failing to obey the order is punishable by the court as for contempt.
5.1 Sec. 13. Minnesota Statutes 2012, section 10A.02, subdivision 11, is amended to read:
5.2 Subd. 11. Violations; enforcement. (a) The board may investigate any alleged
5.3violation of this chapter. The board may also investigate an alleged violation of section
5.4211B.04, 211B.12, or 211B.15 by or related to a candidate, treasurer, principal campaign
5.5committee, political committee, political fund, or party unit, as those terms are defined in
5.6this chapter. The board must investigate any violation that is alleged in a written complaint
5.7filed with the board and must within 30 days after the filing of the complaint make
5.8
5.9conclusions as to whether a violation has occurred and must issue an order, except that
5.10if the complaint alleges a violation of section
5.11enter a conciliation agreement or make
5.12 findings and conclusions as to whether a violation has occurred and must issue an order
5.13 within 60 days after the filing of the complaint. The deadline for action on a written
5.14complaint may be extended by majority vote of the board.
5.15(b) The board may bring legal actions or negotiate settlements in its own name to
5.16recover money raised from contributions subject to the conditions in this paragraph.
5.17(1) No action may be commenced unless the board has made a formal determination,
5.18after an investigation, that the money was raised for political purposes as defined in
5.19section 211B.01, subdivision 6, and that the money was used for purposes not permitted
5.20under this chapter or under section 211B.12.
5.21(2) Prior to commencing an action, the board must give the association whose money
5.22was misused written notice by certified mail of its intent to take action under this subdivision
5.23and must give the association a reasonable opportunity, for a period of not less than 90
5.24days, to recover the money without board intervention. This period must be extended
5.25for at least an additional 90 days for good cause if the association is actively pursuing
5.26recovery of the money. The board may not commence a legal action under this subdivision
5.27if the association has commenced a legal action for the recovery of the same money.
5.28(3) Any funds recovered under this subdivision must be deposited in a campaign
5.29finance recovery account in the special revenue fund and are appropriated as follows:
5.30(i) an amount equal to the board's actual costs and disbursements in the action,
5.31including court reporter fees for depositions taken in the course of an investigation, is
5.32appropriated to the board for its operations;
5.33(ii) an amount equal to the reasonable value of legal services provided by the Office
5.34of the Attorney General in the recovery matter, calculated on the same basis as is used
5.35for charging legal fees to state agencies, is appropriated to the Office of the Attorney
5.36General for its operations; and
6.1(iii) any remaining balance is appropriated to the board for distribution to the
6.2association to which the money was originally contributed.
6.3(4) Notwithstanding clause (3), item (iii), if the candidate of a principal campaign
6.4committee is the person who used the association's money for illegal purposes, or if the
6.5association or political fund whose money was misused is no longer registered with the
6.6board, any money remaining after the payments specified in clause (3), items (i) and (ii),
6.7must be transferred to the general account of the state elections campaign account.
6.8(5) Any action by the board under this paragraph must be commenced not later than
6.9four years after the improper use of money is shown on a report filed with the board or the
6.10board has actual knowledge of improper use. No action may be commenced under this
6.11paragraph for improper uses disclosed on reports for calendar years prior to 2011.
6.12(6) If the board prevails in an action brought under this subdivision and the court
6.13makes a finding that the misuse of funds was willful, the court may enter judgment in favor
6.14of the board and against the person misusing the funds in the amount of the misused funds.
6.15
6.16or association, the board must notify the individual or association of the fact of the
6.17investigation. The board must not make a finding of whether there is probable cause to
6.18believe a violation has occurred without notifying the individual or association of the
6.19nature of the allegations and affording an opportunity to answer those allegations.
6.20
6.21other than a finding concerning probable cause or a conciliation agreement is confidential.
6.22Until the board makes a public finding concerning probable cause or enters a conciliation
6.23agreement:
6.24(1) a member, employee, or agent of the board must not disclose to an individual
6.25information obtained by that member, employee, or agent concerning a complaint or
6.26investigation except as required to carry out the investigation or take action in the matter
6.27as authorized by this chapter; and
6.28(2) an individual who discloses information contrary to this subdivision is subject
6.29to a civil penalty imposed by the board of up to $1,000.
6.30(e) A matter that is under the board's jurisdiction pursuant to this section and that
6.31may result in a criminal offense must be finally disposed of by the board before the alleged
6.32violation may be prosecuted by a city or county attorney.
6.33 Sec. 14. Minnesota Statutes 2012, section 10A.02, subdivision 12, is amended to read:
6.34 Subd. 12. Advisory opinions. (a) The board may issue and publish advisory
6.35opinions on the requirements of this chapter and of those sections listed in subdivision 11
7.1 based upon real or hypothetical situations. An application for an advisory opinion may
7.2be made only by
7.3who wishes to use the opinion to guide the
7.4conduct. The board must issue written opinions on all such questions submitted to it
7.5within 30 days after receipt of written application, unless a majority of the board agrees
7.6to extend the time limit.
7.7(b) A written advisory opinion issued by the board is binding on the board in a
7.8subsequent board proceeding concerning the person making or covered by the request and
7.9is a defense in a judicial proceeding that involves the subject matter of the opinion and is
7.10brought against the person making or covered by the request unless:
7.11(1) the board has amended or revoked the opinion before the initiation of the board
7.12or judicial proceeding, has notified the person making or covered by the request of its
7.13action, and has allowed at least 30 days for the person to do anything that might be
7.14necessary to comply with the amended or revoked opinion;
7.15(2) the request has omitted or misstated material facts; or
7.16(3) the person making or covered by the request has not acted in good faith in
7.17reliance on the opinion.
7.18(c) A request for an opinion and the opinion itself are nonpublic data. The board,
7.19however, may publish an opinion or a summary of an opinion, but may not include in the
7.20publication the name of the requester, the name of a person covered by a request from an
7.21agency or political subdivision, or any other information that might identify the requester,
7.22unless the person consents to the inclusion.
7.23 Sec. 15. Minnesota Statutes 2012, section 10A.02, subdivision 15, is amended to read:
7.24 Subd. 15. Disposition of fees. The board must deposit all fees and civil penalties
7.25 collected under this chapter into the general fund in the state treasury.
7.26 Sec. 16. Minnesota Statutes 2012, section 10A.025, subdivision 2, is amended to read:
7.27 Subd. 2. Penalty for false statements. (a) A report or statement required to be filed
7.28under this chapter must be signed and certified as true by the individual required to file the
7.29report. The signature may be an electronic signature consisting of a password assigned
7.30by the board.
7.31(b) An individual
7.32report or statement knowing it contains false information or
7.33 omits required information
7.34
8.1(c) An individual shall not knowingly provide false or incomplete information to
8.2a treasurer with the intent that the treasurer will rely on that information in signing and
8.3certifying to be true a report or statement.
8.4(d) A person who violates paragraph (b) or (c) is subject to a civil penalty imposed
8.5by the board of up to $3,000. A violation of paragraph (b) or (c) is a gross misdemeanor.
8.6(e) The board may impose an additional civil penalty of up to $3,000 on the principal
8.7campaign committee or candidate, party unit, political committee, or association that has a
8.8political fund that is affiliated with an individual who violated paragraph (b) or (c).
8.9 Sec. 17. Minnesota Statutes 2012, section 10A.025, subdivision 3, is amended to read:
8.10 Subd. 3. Record keeping; penalty. (a) A person required to file a report or statement
8.11 or who has accepted record-keeping responsibility for the filer must maintain records on
8.12the matters required to be reported, including vouchers, canceled checks, bills, invoices,
8.13worksheets, and receipts, that will provide in sufficient detail the necessary information
8.14from which the filed reports and statements may be verified, explained, clarified, and
8.15checked for accuracy and completeness. The person must keep the records available for
8.16audit, inspection, or examination by the board or its authorized representatives for four
8.17years from the date of filing of the reports or statements or of changes or corrections to
8.18them.
8.19(b) The board may impose a civil penalty of up to $3,000 on a person who knowingly
8.20violates this subdivision. The board may impose a separate civil penalty of up to $3,000
8.21on the principal campaign committee or candidate, party unit, political committee, or
8.22association that has a political fund that is affiliated with an individual who violated
8.23this subdivision.
8.24(c) A knowing violation of this subdivision is a misdemeanor.
8.25 Sec. 18. Minnesota Statutes 2012, section 10A.105, subdivision 1, is amended to read:
8.26 Subdivision 1. Single committee. A candidate must not accept contributions from a
8.27source, other than self, in aggregate in excess of
8.28unless the candidate designates and causes to be formed a single principal campaign
8.29committee for each office sought. A candidate may not authorize, designate, or cause to be
8.30formed any other political committee bearing the candidate's name or title or otherwise
8.31operating under the direct or indirect control of the candidate. However, a candidate may
8.32be involved in the direct or indirect control of a party unit.
8.33 Sec. 19. Minnesota Statutes 2012, section 10A.12, subdivision 1, is amended to read:
9.1 Subdivision 1. When required for contributions and approved expenditures. An
9.2association other than a political committee or party unit may not contribute more than
9.3
9.4party units or make
9.5
9.6year unless the contribution or expenditure is made
9.7 Sec. 20. Minnesota Statutes 2012, section 10A.12, subdivision 1a, is amended to read:
9.8 Subd. 1a. When required for independent expenditures or ballot questions. An
9.9association other than a political committee that makes only independent expenditures
9.10
9.11promote or defeat a ballot question must do so
9.12independent expenditure or ballot question political fund if the
9.13
9.14expenditures to promote or defeat a ballot question aggregate more than $5,000 in a
9.15calendar year, or by contributing to an existing independent expenditure or ballot question
9.16 political committee or
9.17 Sec. 21. Minnesota Statutes 2012, section 10A.12, subdivision 2, is amended to read:
9.18 Subd. 2. Commingling prohibited. The contents of
9.19fund may not be commingled with other funds or with the personal funds of an officer or
9.20member of the association or the fund. It is not commingling for an association that uses
9.21only its own general treasury money to make expenditures and disbursements permitted
9.22under section 10A.121, subdivision 1, directly from the depository used for its general
9.23treasury money. An association that accepts more than $1,500 in contributions to influence
9.24the nomination or election of candidates or more than $5,000 in contributions to promote
9.25or defeat a ballot question must establish a separate depository for those contributions.
9.26 Sec. 22. Minnesota Statutes 2012, section 10A.121, is amended to read:
9.2710A.121 INDEPENDENT EXPENDITURE AND BALLOT QUESTION
9.28POLITICAL COMMITTEES AND
9.29FUNDS.
9.30 Subdivision 1. Permitted disbursements. An independent expenditure political
9.31committee or
9.32committee or fund,
9.33 (1) pay costs associated with its fund-raising and general operations;
10.1 (2) pay for communications that do not constitute contributions or approved
10.2expenditures;
10.3 (3) make contributions to
10.4committees or
10.5 (4) make independent expenditures;
10.6 (5) make disbursements for electioneering communications;
10.7 (6) make expenditures to promote or defeat ballot questions;
10.8 (7) return a contribution to its source;
10.9 (8) for a political fund, record bookkeeping entries transferring the association's
10.10general treasury money allocated for political purposes back to the general treasury of
10.11the association; and
10.12 (9) for a political fund, return general treasury money transferred to a separate
10.13depository to the general depository of the association.
10.14 Subd. 2. Penalty. (a) An independent expenditure political committee or
10.15independent expenditure political fund is subject to a civil penalty of up to four times the
10.16amount of the contribution or approved expenditure if it does the following:
10.17 (1) makes a contribution to a candidate, party unit, political committee, or political
10.18fund other than an independent expenditure political committee or an independent
10.19expenditure political fund; or
10.20 (2) makes an approved expenditure.
10.21 (b) No other penalty provided in law may be imposed for conduct that is subject to a
10.22civil penalty under this section.
10.23 Sec. 23. Minnesota Statutes 2012, section 10A.14, subdivision 1, is amended to read:
10.24 Subdivision 1. First registration. The treasurer of a political committee, political
10.25fund, principal campaign committee, or party unit must register with the board by filing
10.26a registration statement
10.27or party unit has made a contribution, received contributions, or made expenditures in
10.28excess of
10.29or contribution that must be reported under section
10.30earlier. This subdivision does not apply to ballot question or independent expenditure
10.31political committees or funds, which are subject to subdivision 1a.
10.32 Sec. 24. Minnesota Statutes 2012, section 10A.14, is amended by adding a subdivision
10.33to read:
11.1 Subd. 1a. Independent expenditure or ballot question political committees
11.2and funds; first registration; reporting. The treasurer of an independent expenditure
11.3or ballot question political committee or fund must register with the board by filing
11.4a registration statement:
11.5(1) no later than 14 calendar days after the committee or the association registering
11.6the political fund has:
11.7(i) received aggregate contributions for independent expenditures of more than
11.8$1,500 in a calendar year;
11.9(ii) received aggregate contributions for expenditures to promote or defeat a ballot
11.10question of more than $5,000 in a calendar year;
11.11(iii) made aggregate independent expenditures of more than $1,500 in a calendar
11.12year; or
11.13(iv) made aggregate expenditures to promote or defeat a ballot question of more
11.14than $5,000 in a calendar year; or
11.15(2) by the end of the next business day after it has received a loan or contribution
11.16that must be reported under section 10A.20, subdivision 5, and it has met one of the
11.17requirements of clause (1).
11.18 Sec. 25. Minnesota Statutes 2012, section 10A.15, subdivision 1, is amended to read:
11.19 Subdivision 1. Anonymous contributions. A political committee, political fund,
11.20principal campaign committee, or party unit may not retain an anonymous contribution
11.21in excess of $20, but must forward it to the board for deposit in the general account of
11.22the state elections campaign
11.23 Sec. 26. Minnesota Statutes 2012, section 10A.15, subdivision 3, is amended to read:
11.24 Subd. 3. Deposit. All contributions received by or on behalf of a candidate,
11.25principal campaign committee, political committee, political fund, or party unit must
11.26be deposited in an account designated "Campaign Fund of ..... (name of candidate,
11.27committee, fund, or party unit)." All contributions must be deposited promptly upon
11.28receipt and, except for contributions received during the last three days of a reporting
11.29period as described in section
11.30in which they were received. A contribution received during the last three days of a
11.31reporting period must be deposited within 72 hours after receipt and must be reported
11.32as received during the reporting period whether or not deposited within that period. A
11.33candidate, principal campaign committee, political committee, political fund, or party unit
11.34may refuse to accept a contribution. A deposited contribution may be returned to the
12.1contributor within
12.2within
12.3 Sec. 27. Minnesota Statutes 2012, section 10A.20, subdivision 1, is amended to read:
12.4 Subdivision 1. First filing; duration. The treasurer of a political committee, political
12.5fund, principal campaign committee, or party unit must begin to file the reports required
12.6by this section
12.7
12.8committee, fund, or party unit is terminated. The reports must be filed electronically in a
12.9standards-based open format specified by the board. For good cause shown, the board
12.10must grant exemptions to the requirement that reports be filed electronically.
12.11 Sec. 28. Minnesota Statutes 2012, section 10A.20, subdivision 2, is amended to read:
12.12 Subd. 2. Time for filing. (a) The reports must be filed with the board on or before
12.13January 31 of each year and additional reports must be filed as required and in accordance
12.14with paragraphs (b) to (d).
12.15(b) In each year in which the name of
12.16judicial office is on the ballot, the report of the principal campaign committee must be
12.17filed 15 days before a primary and ten days before a general election, seven days before a
12.18special primary and a special election, and ten days after a special election cycle.
12.19(c) In each general election year, a political committee
12.20
12.21
12.22
12.23organization within a house of the legislature, and the principal campaign committee
12.24of a candidate for constitutional or appellate court judicial office must file reports on
12.25the following schedule:
12.26(1) a first-quarter report covering the calendar year through March 31, which is
12.27due April 14;
12.28(2) in a year in which a primary election is held in August, a report covering the
12.29calendar year through May 31, which is due June 14;
12.30(3) in a year in which a primary election is held before August, a pre-general-election
12.31report covering the calendar year through July 15, which is due July 29;
12.32(4) a pre-primary-election report due 15 days before a primary election;
12.33(5) a pre-general-election report due 42 days before the general election;
12.34(6) a pre-general-election report due ten days before a general election; and
13.1(7) for a special election, a constitutional office candidate whose name is on the
13.2ballot must file reports seven days before a special primary and a special election, and ten
13.3days after a special election cycle.
13.4(d) In each general election year, a party unit not included in paragraph (c) must file
13.5reports 15 days before a primary election and ten days before a general election.
13.6(e) Notwithstanding paragraphs (a) to (d), the principal campaign committee of a
13.7candidate whose name will not be on the general election ballot is not required to file the
13.8report due ten days before a general election or seven days before a special election.
13.9 Sec. 29. Minnesota Statutes 2012, section 10A.20, subdivision 3, is amended to read:
13.10 Subd. 3. Contents of report. (a) The report required by this section must include
13.11each of the items listed in paragraphs (b) to (o) that are applicable to the filer. The board
13.12shall prescribe forms based on filer type indicating which of those items must be included
13.13on the filer's report.
13.14
13.15of the reporting period.
13.16
13.17self-employed, of each individual or association that has made one or more contributions
13.18to the reporting entity, including the purchase of tickets for a fund-raising effort, that in
13.19aggregate within the year exceed
13.20than $500 for ballot questions, together with the amount and date of each contribution, and
13.21the aggregate amount of contributions within the year from each source so disclosed. A
13.22donation in kind must be disclosed at its fair market value. An approved expenditure must
13.23be listed as a donation in kind. A donation in kind is considered consumed in the reporting
13.24period in which it is received. The names of contributors must be listed in alphabetical
13.25order. Contributions from the same contributor must be listed under the same name. When
13.26a contribution received from a contributor in a reporting period is added to previously
13.27reported unitemized contributions from the same contributor and the aggregate exceeds
13.28the disclosure threshold of this paragraph, the name, address, and employer, or occupation
13.29if self-employed, of the contributor must then be listed on the report.
13.30
13.31during the reporting period.
13.32
13.33within the year in aggregate in excess of
13.34forgiven, together with the name, address, occupation, and principal place of business,
13.35if any, of the lender and any endorser and the date and amount of the loan. If a loan
14.1made to the principal campaign committee of a candidate is forgiven or is repaid by an
14.2entity other than that principal campaign committee, it must be reported as a contribution
14.3for the year in which the loan was made.
14.4
14.5period not otherwise listed under paragraphs
14.6
14.7the reporting period.
14.8
14.9association to whom aggregate expenditures,
14.10 independent expenditures, ballot question expenditures, and disbursements for
14.11electioneering communications have been made by or on behalf of the reporting entity
14.12within the year in excess of
14.13each expenditure and the name and address of, and office sought by, each candidate on
14.14whose behalf the expenditure was made or, in the case of electioneering communications,
14.15each candidate identified positively in the communication, identification of the ballot
14.16question that the expenditure was intended to promote or defeat and an indication of
14.17whether the expenditure was to promote or to defeat the ballot question, and in the
14.18case of independent expenditures made in opposition to a candidate or electioneering
14.19communications in which a candidate is identified negatively, the candidate's name,
14.20address, and office sought. A reporting entity making an expenditure on behalf of more
14.21than one candidate for state or legislative office must allocate the expenditure among the
14.22candidates on a reasonable cost basis and report the allocation for each candidate.
14.23
14.24the reporting entity during the reporting period.
14.25
14.26incurred by the reporting entity, continuously reported until paid or forgiven. If an advance
14.27of credit incurred by the principal campaign committee of a candidate is forgiven by the
14.28creditor or paid by an entity other than that principal campaign committee, it must be
14.29reported as a donation in kind for the year in which the advance of credit was made.
14.30
14.31political fund, principal campaign committee, or party unit to which contributions have
14.32been made that aggregate in excess of
14.33date of each contribution.
14.34
14.35entity during the reporting period.
15.1
15.2association to whom noncampaign disbursements have been made that aggregate in excess
15.3of
15.4and purpose of each noncampaign disbursement.
15.5
15.6within the year by or on behalf of the reporting entity.
15.7
15.8provides administrative assistance to a political committee or political fund as authorized
15.9by section
15.10aggregate fair market value of each type of assistance provided to the political committee
15.11or political fund during the reporting period.
15.12 Sec. 30. Minnesota Statutes 2012, section 10A.20, subdivision 5, is amended to read:
15.13 Subd. 5.
15.14contributions:
15.15 (1) to a political committee or political fund from any one source totaling more than
15.16 $1,000
15.17 (2) to the principal campaign committee of a candidate for an appellate court judicial
15.18office
15.19 $2,000
15.20 (3) to the principal campaign committee of a candidate for district court judge
15.21 totaling more than $400
15.22 (4) to the principal campaign committee of a candidate for constitutional office or
15.23for the legislature
15.24 election cycle contribution limit for the office, received between the last day covered in
15.25the last report before an election and the election must be reported to the board
15.26
15.27(b) A loan, contribution, or contributions required to be reported to the board under
15.28paragraph (a) must be reported to the board either:
15.29 (1) in person by the end of the next business day after its receipt; or
15.30 (2) by electronic means sent within 24 hours after its receipt.
15.31 (c) These loans and contributions must also be reported in the next required report.
15.32 (d) This notice requirement does not apply
15.33
15.34primary election to a ballot question political committee or fund, or in a general election to
16.1a candidate whose name is not on the general election ballot. The board must post the
16.2report on its Web site by the end of the next business day after it is received.
16.3 (e) This subdivision does not apply to a ballot question or independent expenditure
16.4political committee or fund that has not met the registration threshold of section 10A.14,
16.5subdivision 1a. However, if a contribution that would be subject to this section triggers the
16.6registration requirement in section 10A.14, subdivision 1a, then both registration under
16.7that section and reporting under this section are required.
16.8 Sec. 31. Minnesota Statutes 2012, section 10A.20, subdivision 6, is amended to read:
16.9 Subd. 6. Report when no committee. (a) A candidate who does not designate
16.10and cause to be formed a principal campaign committee and
16.11
16.12
16.13the board a report containing the information required by subdivision 3. Reports required
16.14by this subdivision must be filed
16.15 committees
16.16(b) An individual who makes independent expenditures that aggregate more than
16.17$1,500 in a calendar year or expenditures to promote or defeat a ballot question that
16.18aggregate more than $5,000 in a calendar year must file with the board a report containing
16.19the information required by subdivision 3. A report required by this subdivision must be
16.20filed by the date on which the next report by political committees and political funds
16.21must be filed.
16.22 Sec. 32. Minnesota Statutes 2012, section 10A.20, subdivision 7, is amended to read:
16.23 Subd. 7. Statement of inactivity. If a
16.24committee, party unit, or political committee, has no receipts or expenditures during a
16.25reporting period, the treasurer must file with the board at the time required by this section
16.26a statement to that effect.
16.27 Sec. 33. Minnesota Statutes 2012, section 10A.20, is amended by adding a subdivision
16.28to read:
16.29 Subd. 7a. Activity of political fund. An association is not required to file any
16.30statement or report for a reporting period when the association accepted no contributions
16.31into the association's political fund and made no expenditures from its political fund since
16.32the last date included in its most recent filed report. If the association maintains a separate
16.33checking account for its political fund, the receipt of interest on the proceeds of that
17.1account and the payment of fees to maintain that account do not constitute activity that
17.2requires the filing of a report for an otherwise inactive political fund.
17.3 Sec. 34. [10A.201] ELECTIONEERING COMMUNICATIONS.
17.4 Subdivision 1. Electioneering communication. (a) "Electioneering
17.5communication" means a communication distributed by television, radio, satellite, or
17.6cable broadcasting system; by means of printed material, signs, or billboards; or through
17.7the use of telephone communications that:
17.8(1) refers to a clearly identified candidate;
17.9(2) is made within:
17.10(i) 30 days before a primary election or special primary election for the office sought
17.11by the candidate; or
17.12(ii) 60 days before a general election or special election for the office sought by
17.13the candidate;
17.14(3) is targeted to the relevant electorate; and
17.15(4) is made without the express or implied consent, authorization, or cooperation
17.16of, and not in concert with or at the request or suggestion of, a candidate or a candidate's
17.17principal campaign committee or agent.
17.18(b) Electioneering communication does not include:
17.19(1) the publishing or broadcasting of news items or editorial comments by the news
17.20media;
17.21(2) a communication that constitutes an approved expenditure or an independent
17.22expenditure;
17.23(3) a communication by an association distributed only to the association's own
17.24members, donors, or subscribers in a newsletter or similar publication in a form that is
17.25routinely sent to the association's members;
17.26 (4) a voter guide, which is a pamphlet or similar printed materials, intended to help
17.27voters compare candidates' positions on a set of issues, as long as each of the following is
17.28true:
17.29 (i) the guide does not focus on a single issue or a narrow range of issues, but
17.30includes questions and subjects sufficient to encompass major issues of interest to the
17.31entire electorate;
17.32 (ii) the questions and any other description of the issues are clear and unbiased in
17.33both their structure and content;
17.34 (iii) the questions posed and provided to the candidates are identical to those
17.35included in the guide;
18.1 (iv) each candidate included in the guide is given a reasonable amount of time and
18.2the same opportunity as other candidates to respond to the questions;
18.3 (v) if the candidate is given limited choices for an answer to a question, for example:
18.4"support," "oppose," "yes," or "no," the candidate is also given an opportunity, subject to
18.5reasonable limits, to explain the candidate's position in the candidate's own words; the
18.6fact that a candidate provided an explanation is clearly indicated in the guide; and the
18.7guide clearly indicates that the explanations will be made available for public inspection,
18.8subject to reasonable conditions;
18.9 (vi) answers included in the guide are those provided by the candidates in response
18.10to questions, the candidate's answers are unedited, and the answers appear in close
18.11proximity to the question to which they respond;
18.12 (vii) if the guide includes candidates' positions based on information other than
18.13responses provided directly by the candidate, the positions are based on recorded votes,
18.14reliable media reports, or public statements of the candidates and are presented in an
18.15unedited and unbiased manner; and
18.16 (viii) the guide includes all major party candidates for each office listed in the guide;
18.17(5) any other communication specified in board rules or advisory opinions as being
18.18excluded from the definition of electioneering communications; or
18.19(6) a communication that:
18.20(i) refers to a clearly identified candidate who is an incumbent member of the
18.21legislature or a constitutional officer;
18.22(ii) refers to a clearly identified issue that is or was before the legislature in the
18.23form of an introduced bill; and
18.24(iii) is made when the legislature is in session or within ten days after the last day of
18.25a regular session of the legislature.
18.26(c) A communication that meets the requirements of paragraph (a) but is made with
18.27the authorization or express or implied consent of, or in cooperation or in concert with, or
18.28at the request or suggestion of a candidate, a candidate's principal campaign committee, or
18.29a candidate's agent is an approved expenditure.
18.30 (d) Distributing a voter guide questionnaire, survey, or similar document to
18.31candidates and communications with candidates limited to obtaining their responses,
18.32without more, do not constitute communications that would result in the voter guide being
18.33an approved expenditure on behalf of the candidate.
18.34 Subd. 2. Targeted to relevant electorate. (a) For purposes of this section, a
18.35communication that refers to a clearly identified candidate is targeted to the relevant
18.36electorate if the communication is distributed to or can be received by more than 1,500
19.1persons in the district the candidate seeks to represent, in the case of a candidate for the
19.2house of representatives, senate, or a district court judicial office or by more than 6,000
19.3persons in the state, in the case of a candidate for constitutional office or appellate court
19.4judicial office.
19.5 (b) A communication consisting of printed materials, other than signs, billboards,
19.6or advertisements published in the print media, is targeted to the relevant electorate if it
19.7meets the requirements of paragraph (a) and is distributed to voters by means of United
19.8States mail or through direct delivery to a resident's home or business.
19.9 Subd. 3. Disclosure of electioneering communications. (a) Electioneering
19.10communications made by a political committee, a party unit, or a principal campaign
19.11committee must be disclosed on the periodic reports of receipts and expenditures filed by
19.12the association on the schedule and in accordance with the terms of section 10A.20.
19.13(b) An association other than a political committee, party unit, or principal campaign
19.14committee may register a political fund with the board and disclose its electioneering
19.15communications on the reports of receipts and expenditures filed by the political fund.
19.16If it does so, it must disclose its disbursements for electioneering communication on the
19.17schedule and in accordance with the terms of section 10A.20.
19.18(c) An association that does not disclose its disbursements for electioneering
19.19communication under paragraph (a) or (b) must disclose its electioneering communications
19.20according to the requirements of subdivision 4.
19.21 Subd. 4. Statement required for electioneering communications made by
19.22unregistered associations. (a) Except for associations providing disclosure as specified
19.23in subdivision 3, paragraph (a) or (b), every person who makes a disbursement for the
19.24costs of producing or distributing electioneering communications that aggregate more than
19.25$1,500 in a calendar year must, within 24 hours of each disclosure date, file with the board
19.26a disclosure statement containing the information described in this subdivision.
19.27(b) Each statement required to be filed under this section must contain the following
19.28information:
19.29(1) the names of: (i) the association making the disbursement; (ii) any person
19.30exercising direction or control over the activities of the association with respect to the
19.31disbursement; and (iii) the custodian of the financial records of the association making
19.32disbursement;
19.33(2) the address of the association making the disbursement;
19.34(3) the amount of each disbursement of more than $200 during the period covered
19.35by the statement, a description of the purpose of the disbursement, and the identification of
19.36the person to whom the disbursement was made;
20.1(4) the names of the candidates identified or to be identified in the communication;
20.2(5) if the disbursements were paid out of a segregated bank account that consists
20.3of funds donated specifically for electioneering communications, the name and address
20.4of each person who gave the association more than $200 in aggregate to that account
20.5during the period beginning on the first day of the preceding calendar year and ending on
20.6the disclosure date; and
20.7(6) if the disbursements for electioneering communications were made using general
20.8treasury money of the association, an association that has paid more than $5,000 in
20.9aggregate for electioneering communications during the calendar year must file with its
20.10disclosure statement a written statement that includes the name, address, and amount
20.11attributable to each person that paid the association membership dues or fees, or made
20.12donations to the association that, in total, aggregate more than $5,000 of the money used
20.13by the association for electioneering communications. The statement must also include
20.14the total amount of the disbursements for electioneering communications attributable to
20.15persons not subject to itemization under this clause. The statement must be certified as
20.16true by an officer of the association that made the disbursements for the electioneering
20.17communications.
20.18(c) To determine the amount of the membership dues or fees, or donations
20.19made by a person to an association and attributable to the association's disbursements
20.20for electioneering communications, the association must separately prorate the total
20.21disbursements made for electioneering communications during the calendar year over all
20.22general treasury money received during the calendar year.
20.23(d) If the amount spent for electioneering communications exceeds the amount of
20.24general treasury money received by the association during that year:
20.25(1) the electioneering communications must be attributed first to all receipts of
20.26general treasury money received during the calendar year in which the electioneering
20.27communications were made;
20.28(2) any amount of current year electioneering communications that exceeds the total
20.29of all receipts of general treasury money during the current calendar year must be prorated
20.30over all general treasury money received in the preceding calendar year; and
20.31(3) if the allocation made in clauses (1) and (2) is insufficient to cover the subject
20.32electioneering communications, no further allocation is required.
20.33(e) After a portion of the general treasury money received by an association
20.34from a person has been designated as the source of a disbursement for electioneering
20.35communications, that portion of the association's general treasury money received
20.36from that person may not be designated as the source of any other disbursement for
21.1electioneering communications or as the source for any contribution to an independent
21.2expenditure political committee or fund.
21.3 Subd. 5. Disclosure date. For purposes of this section, the term "disclosure date"
21.4means the earlier of:
21.5(1) the first date on which an electioneering communication is publicly distributed,
21.6provided that the person making the electioneering communication has made
21.7disbursements for the direct costs of producing or distributing one or more electioneering
21.8communication aggregating in excess of $1,500; or
21.9(2) any other date during the same calendar year on which an electioneering
21.10communication is publicly distributed, provided that the person making the electioneering
21.11communication has made disbursements for the direct costs of distributing one or more
21.12electioneering communications aggregating in excess of $1,500 since the most recent
21.13disclosure date.
21.14 Subd. 6. Contracts to disburse. For purposes of this section, a person shall be
21.15treated as having made a disbursement if the person has entered into an obligation to
21.16make the disbursement.
21.17 Subd. 7. Statement of attribution. (a) An electioneering communication must
21.18include a statement of attribution.
21.19(1) For communications distributed by printed material, signs, and billboards, the
21.20statement must say, in conspicuous letters: "Paid for by [association name] [address]."
21.21(2) For communications distributed by television, radio, satellite, or cable
21.22broadcasting system, the statement must be included at the end of the communication and
21.23must orally state at a volume and speed that a person of ordinary hearing can comprehend:
21.24"The preceding communication was paid for by the [association name]."
21.25(3) For communications distributed by telephone communication, the statement
21.26must precede the communication and must orally state at a volume and speed that a person
21.27of ordinary hearing can comprehend: "The following communication is paid for by the
21.28[association name]."
21.29(b) If the communication is paid for by an association registered with the board, the
21.30statement of attribution must use the association's name as it is registered with the board.
21.31If the communication is paid for by an association not registered with the board, the
21.32statement of attribution must use the association's name as it is disclosed to the board on
21.33the association's disclosure statement associated with the communication.
21.34 Subd. 8. Failure to file; penalty. (a) If a person fails to file a statement required by
21.35this section by the date the statement is due, the board may impose a late filing fee of $50
21.36per day, not to exceed $1,000, commencing the day after the report was due.
22.1(b) The board must send notice by certified mail to a person who fails to file a
22.2statement within ten business days after the statement was due that the person may be
22.3subject to a civil penalty for failure to file the statement. A person who fails to file the
22.4statement within seven days after the certified mail notice was sent by the board is subject
22.5to a civil penalty imposed by the board of up to $1,000.
22.6(c) An association that provides disclosure under section 10A.20 rather than under
22.7this section is subject to the late filing fee and civil penalty provisions of section 10A.20
22.8and is not subject to the penalties provided in this subdivision.
22.9(d) An association that makes electioneering communications under this section and
22.10willfully fails to provide the statement required by subdivision 4, paragraph (b), clause
22.11(6), within the time specified is subject to an additional civil penalty of up to four times
22.12the amount of the electioneering communications disbursements that should have been
22.13included on the statement.
22.14 Sec. 35. Minnesota Statutes 2012, section 10A.241, is amended to read:
22.1510A.241 TRANSFER OF DEBTS.
22.16
22.17principal campaign committee for one state office by transferring any debts of that
22.18committee to the candidate's principal campaign committee for another state office if
22.19all outstanding unpaid bills or loans from the committee being terminated are assumed
22.20and continuously reported by the committee to which the transfer is being made until
22.21paid or forgiven. A loan that is forgiven is covered by section
22.22
22.23the debt was transferred under this section.
22.24 Sec. 36. [10A.243] TERMINATION OF REGISTRATION.
22.25 Subdivision 1. Termination report. A political committee, political fund, principal
22.26campaign committee, or party unit may terminate its registration with the board after it
22.27has disposed of all its assets in excess of $100 by filing a final report of receipts and
22.28expenditures. The final report must be identified as a termination report and must include
22.29all financial transactions that occurred after the last date included on the most recent
22.30report filed with the board. The termination report may be filed at any time after the
22.31asset threshold in this section is reached.
22.32 Subd. 2. Asset disposition. "Assets" include credit balances at vendors, prepaid
22.33postage and postage stamps, as well as physical assets. Assets must be disposed of at their
22.34fair market value. Assets of a political fund that consist of, or were acquired using, only
23.1the general treasury money of the fund's supporting association remain the property of the
23.2association upon termination of the association's political fund registration and are not
23.3subject to the disposal requirements of this section.
23.4 Sec. 37. [10A.244] VOLUNTARY INACTIVE STATUS; POLITICAL FUNDS.
23.5 Subdivision 1. Election of voluntary inactive status. An association that has a
23.6political fund registered under this chapter may elect to have the fund placed on voluntary
23.7inactive status if the following conditions are met:
23.8(1) the association makes a written request for inactive status;
23.9(2) the association has filed all periodic reports required by this chapter and
23.10has received no contributions into its political fund and made no expenditures or
23.11disbursements for electioneering communications through its political fund since the last
23.12date included on the association's most recent report; and
23.13(3) the association has satisfied all obligations to the state for late filing fees and civil
23.14penalties imposed by the board or the board has waived this requirement.
23.15 Subd. 2. Effect of voluntary inactive status. After an association has complied
23.16with the requirements of subdivision 1:
23.17(1) the board must notify the association that its political fund has been placed in
23.18voluntary inactive status and of the terms of this section;
23.19(2) the board must stop sending the association reports, forms, and notices of report
23.20due dates that are periodically sent to entities registered with the board;
23.21(3) the association is not required to file periodic disclosure reports for its political
23.22fund as otherwise required under this chapter;
23.23(4) the association may not accept contributions into its political fund and may not
23.24make expenditures, contributions, or disbursements for electioneering communications
23.25through its political fund; and
23.26(5) if the association maintains a separate depository account for its political fund,
23.27it may continue to pay bank service charges and receive interest paid on that account
23.28while its political fund is in inactive status.
23.29 Subd. 3. Resumption of active status or termination. (a) An association that
23.30has placed its political fund in voluntary inactive status may resume active status upon
23.31written notice to the board.
23.32(b) A political fund placed in voluntary inactive status must resume active status
23.33within 14 days of the date that it has accepted contributions or made expenditures,
23.34contributions, or disbursements for electioneering communications that aggregate more
23.35than $750 since the political fund was placed on inactive status. If, after meeting this
24.1threshold, the association does not notify the board that its fund has resumed active
24.2status, the board may place the association's political fund in active status and notify the
24.3association of the change in status.
24.4(c) An association that has placed its political fund in voluntary inactive status may
24.5terminate the registration of the fund without returning it to active status.
24.6 Subd. 4. Penalty for financial activity while in voluntary inactive status. If an
24.7association fails to notify the board of its political fund's resumption of active status under
24.8subdivision 3, the board may impose a civil penalty of $50 per day, not to exceed $1,000
24.9commencing on the 15th calendar day after the fund resumed active status.
24.10 Sec. 38. [10A.245] ADMINISTRATIVE TERMINATION OF INACTIVE
24.11COMMITTEES AND FUNDS.
24.12 Subdivision 1. Inactivity defined. (a) A principal campaign committee becomes
24.13inactive on the later of the following dates:
24.14(1) six years after the last election in which the individual for whom the committee
24.15exists was a candidate for the office sought or held at the time the principal campaign
24.16committee registered with the board; or
24.17(2) six years after the last day on which the individual for whom the committee
24.18exists served in an elective office subject to this chapter.
24.19(b) A political committee, political fund, or party unit becomes inactive when
24.20four years have elapsed since the end of a reporting period during which the political
24.21committee, political fund, or party unit made an expenditure or disbursement requiring
24.22itemized disclosure under this chapter.
24.23(c) A political fund that has elected voluntary inactive status under section 10A.244
24.24becomes inactive within the meaning of this section when four years have elapsed during
24.25which the political fund was continuously in voluntary inactive status.
24.26 Subd. 2. Termination by board. The board may terminate the registration of a
24.27principal campaign committee, party unit, political committee, or political fund found to be
24.28inactive under this section 60 days after sending written notice of inactivity by certified mail
24.29to the affected association at the last address on record with the board for that association.
24.30Within 60 days after the board sends notice under this section, the affected association must
24.31dispose of its assets as provided in this subdivision. The assets of the principal campaign
24.32committee, party unit, or political committee must be used for the purposes authorized by
24.33this chapter or section 211B.12 or must be liquidated and deposited in the general account
24.34of the state elections campaign account. The assets of an association's political fund that
24.35were derived from the association's general treasury money revert to the association's
25.1general treasury. Assets of a political fund that resulted from contributions to the political
25.2fund must be used for the purposes authorized by this chapter or section 211B.12 or must
25.3be liquidated and deposited in the general account of the state elections campaign account.
25.4 Sec. 39. [10A.246] UNPAID DEBT UPON TERMINATION.
25.5Termination of a registration with the board does not affect the liability, if any, of the
25.6association or its candidates, officers, or other individuals for obligations incurred in the
25.7name of the association or its political fund.
25.8 Sec. 40. Minnesota Statutes 2012, section 10A.25, subdivision 2, is amended to read:
25.9 Subd. 2. Amounts. (a) In a
25.10
25.11must not make campaign expenditures nor permit approved expenditures to be made on
25.12behalf of the candidate that result in aggregate expenditures in excess of the following:
25.13(1) for governor and lieutenant governor, running together,
25.14in the election segment and $1,500,000 in the nonelection segment;
25.15(2) for attorney general,
25.16the nonelection segment;
25.17(3) for secretary of state and state auditor, separately,
25.18election segment and $100,000 in the nonelection segment;
25.19(4) for state senator,
25.20a non-election segment;
25.21(5) for state representative,
25.22(b) In addition to the amount in paragraph (a), clause (1), a candidate for
25.23endorsement for the office of lieutenant governor at the convention of a political party
25.24may make campaign expenditures and approved expenditures of five percent of that
25.25amount to seek endorsement.
25.26(c) If a special election cycle occurs during a general election cycle, expenditures by
25.27or on behalf of a candidate in the special election do not count as expenditures by or on
25.28behalf of the candidate in the general election.
25.29(d) The expenditure limits in this subdivision for an office are increased by ten
25.30percent for a candidate who
25.31
25.32ballot for that office, and who has not in the past ten years raised or spent more than $750
25.33in a run
25.34is more than one-third of the population in the territory of the new office. In the case of
26.1a legislative candidate, the office is that of a member of the house of representatives or
26.2senate without regard to any specific district.
26.3 Sec. 41. Minnesota Statutes 2012, section 10A.25, subdivision 2a, is amended to read:
26.4 Subd. 2a. Aggregated expenditures. If a candidate makes expenditures from more
26.5than one principal campaign committee for nomination or election to statewide office in
26.6the same segment of an election
26.7candidate's principal campaign committees for statewide office for that segment of the
26.8 election
26.9under subdivision 2.
26.10 Sec. 42. Minnesota Statutes 2012, section 10A.25, subdivision 3, is amended to read:
26.11 Subd. 3. Governor and lieutenant governor a single candidate. For the purposes
26.12of
26.13for lieutenant governor, running together, are considered a single candidate. Except as
26.14provided in subdivision 2, paragraph (b),
26.15expenditures made on behalf of the candidate for lieutenant governor are considered to be
26.16expenditures by or approved expenditures on behalf of the candidate for governor.
26.17 Sec. 43. Minnesota Statutes 2012, section 10A.25, subdivision 3a, is amended to read:
26.18 Subd. 3a. Independent expenditures and electioneering communications. The
26.19principal campaign committee of a candidate must not make independent expenditures or
26.20disbursements for electioneering communications.
26.21 Sec. 44. Minnesota Statutes 2012, section 10A.257, subdivision 1, is amended to read:
26.22 Subdivision 1. Unused funds. After all campaign expenditures and noncampaign
26.23disbursements for an election cycle have been made, an amount up to
26.24election
26.25amount up to the total amount of the public subsidy from the state elections campaign fund
26.26must be returned to the state treasury for credit to the general fund under section
26.27Any remaining amount in excess of the total public subsidy must be contributed to the
26.28state elections campaign
26.29as defined in section
26.30 Sec. 45. Minnesota Statutes 2012, section 10A.27, subdivision 1, is amended to read:
27.1 Subdivision 1. Contribution limits. (a) Except as provided in subdivision 2,
27.2a candidate must not permit the candidate's principal campaign committee to accept
27.3aggregate contributions made or delivered by any individual, political committee, or
27.4political fund in excess of the following:
27.5(1) to candidates for governor and lieutenant governor running together,
27.6 $4,000 in the election segment of an election
27.7 $2,000 in
27.8(2) to a candidate for attorney general,
27.9 $2,500 in the election segment of an election
27.10 $1,500 in
27.11(3) to a candidate for secretary of state or state auditor, $2,000 in the election
27.12segment of an election cycle and $1,000 in the nonelection segment of the election cycle;
27.13
27.14election
27.15segment of the election cycle;
27.16
27.17an election
27.18
27.19an election
27.20segment of the election cycle.
27.21(b) The following deliveries are not subject to the bundling limitation in this
27.22subdivision:
27.23(1) delivery of contributions collected by a member of the candidate's principal
27.24campaign committee, such as a block worker or a volunteer who hosts a fund-raising
27.25event, to the committee's treasurer; and
27.26(2) a delivery made by an individual on behalf of the individual's spouse.
27.27(c) A lobbyist, political committee, political party unit,
27.28association not registered with the board must not make a contribution a candidate is
27.29prohibited from accepting.
27.30 Sec. 46. Minnesota Statutes 2012, section 10A.27, subdivision 10, is amended to read:
27.31 Subd. 10. Limited personal contributions. A candidate who
27.32
27.33own campaign during a
27.34candidate's
28.1 Sec. 47. Minnesota Statutes 2012, section 10A.27, subdivision 11, is amended to read:
28.2 Subd. 11. Contributions from certain types of contributors. A candidate must
28.3not permit the candidate's principal campaign committee to accept a contribution from
28.4a political committee, political fund, lobbyist,
28.5registered with the board if the contribution will cause the aggregate contributions from
28.6those types of contributors during an election cycle segment to exceed an amount equal
28.7to 20 percent of the election cycle segment expenditure limits for the office sought by
28.8the candidate, provided that the 20 percent limit must be rounded to the nearest $100.
28.9For purposes of this subdivision, "large contributor" means an individual, other than the
28.10candidate, who contributes an amount that is
28.11amount an individual may contribute during the election cycle segment.
28.12 Sec. 48. Minnesota Statutes 2012, section 10A.27, subdivision 13, is amended to read:
28.13 Subd. 13. Unregistered association limit; statement; penalty. (a) The treasurer of
28.14a political committee, political fund, principal campaign committee, or party unit must not
28.15accept a contribution of more than
28.16this chapter unless the contribution is accompanied by a written statement that meets the
28.17disclosure and reporting period requirements imposed by section
28.18must be certified as true and correct by an officer of the contributing association. The
28.19committee, fund, or party unit that accepts the contribution must include a copy of the
28.20statement with the report that discloses the contribution to the board.
28.21
28.22(b) An unregistered association may provide the written statement required by this
28.23subdivision to no more than three committees, funds, or party units in a calendar year. Each
28.24statement must cover at least the 30 days immediately preceding and including the date on
28.25which the contribution was made. An unregistered association or an officer of it is subject
28.26to a civil penalty imposed by the board of up to $1,000, if the association or its officer:
28.27(1) fails to provide a written statement as required by this subdivision; or
28.28(2) fails to register after giving the written statement required by this subdivision to
28.29more than three committees, funds, or party units in a calendar year.
28.30(c) The treasurer of a political committee, political fund, principal campaign
28.31committee, or party unit who accepts a contribution in excess of
28.32unregistered association without the required written disclosure statement is subject to a
28.33civil penalty up to four times the amount in excess of
28.34(d) This subdivision does not apply:
28.35(1) when a national political party contributes money to its state committee; or
29.1(2) to purchases by candidates for federal office of tickets to events or space rental
29.2at events held by party units in this state (i) if the geographical area represented by the
29.3party unit includes any part of the geographical area of the office that the federal candidate
29.4is seeking and (ii) the purchase price is not more than that paid by other attendees or
29.5renters of similar spaces.
29.6 Sec. 49. Minnesota Statutes 2012, section 10A.27, subdivision 14, is amended to read:
29.7 Subd. 14. Contributions of business revenue. An association may, if not prohibited
29.8by other law, contribute revenue from the operation of a business to an independent
29.9expenditure or ballot question political committee or
29.10 fund without complying with subdivision 13.
29.11 Sec. 50. Minnesota Statutes 2012, section 10A.27, subdivision 15, is amended to read:
29.12 Subd. 15. Contributions
29.13treasury money. (a) An association may, if not prohibited by other law, contribute
29.14
29.15treasury money to an independent expenditure or ballot question political committee or
29.16
29.17ballot question political committee or fund, without complying with subdivision 13.
29.18(b) Before the day when the recipient committee or fund's next report must be
29.19filed with the board under section
29.20contributed more than $5,000
29.21committees or funds during the calendar year or has contributed more than $5,000 in
29.22aggregate to ballot question political committees or funds during the calendar year
29.23must provide in writing to the recipient's treasurer a statement that includes the name,
29.24address, and amount attributable to each
29.25association dues or fees, or made
29.26aggregate
29.27independent expenditure or ballot question political committee or fund. The statement
29.28must also include the total amount of the contribution
29.29 attributable to persons not subject to itemization under this section. The statement must be
29.30certified as true
29.31
29.32 donations made by
29.33
29.34association's contribution to the independent expenditure or ballot question political
30.1committee or fund, the donor association must
30.2expenditures and ballot question expenditures made during the calendar year over all
30.3general treasury money received during the calendar year.
30.4
30.5
30.6
30.7
30.8
30.9
30.10
30.11
30.12
30.13
30.14
30.15
30.16
30.17(d) If the amount contributed to independent expenditure and ballot question
30.18political committees or funds in a calendar year exceeds the amount of general treasury
30.19money received by the association during that year:
30.20(1) the contributions must be attributed first to all receipts of general treasury money
30.21received during the calendar year in which the contributions were made;
30.22(2) any amount of current-year contributions that exceeds the total of all receipts of
30.23general treasury money during the current calendar year must be prorated over all general
30.24treasury money received in the preceding calendar year; and
30.25(3) if the allocation made in clauses (1) and (2) is insufficient to cover the subject
30.26contributions, no further allocation is required.
30.27(e) After a portion of
30.28
30.29person has been designated as the source of a contribution to an independent expenditure or
30.30ballot question political committee or fund, that portion of the
30.31
30.32received from that person may not be designated as the source of any other contribution to
30.33an independent expenditure or ballot question political committee or fund or as the source
30.34of funds for a disbursement for electioneering communications made by that association.
31.1
31.2
31.3
31.4 Sec. 51. Minnesota Statutes 2012, section 10A.323, is amended to read:
31.510A.323 AFFIDAVIT OF CONTRIBUTIONS.
31.6 (a) In addition to the requirements of section
31.7public subsidy under section
31.8
31.9 (1) between January 1 of the previous year and the cutoff date for transactions
31.10included in the report of receipts and expenditures due before the primary election
31.11
31.12vote in this state in at least the amount indicated for the office sought, counting only the
31.13first $50 received from each contributor, excluding in-kind contributions:
31.14
31.15
31.16
31.17
31.18
31.19 (2) the candidate or the candidate's treasurer must file an affidavit with the board
31.20stating that the principal campaign committee has complied with this paragraph. The
31.21affidavit must state the total amount of contributions that have been received from
31.22 individuals eligible to vote in this state,
31.23 (i) the portion of any contribution in excess of $50
31.24(ii) any in-kind contribution; and
31.25(iii) any contribution for which the name and address of the contributor is not known
31.26and recorded; and
31.27 (3) the candidate or the candidate's treasurer must submit the affidavit required
31.28by this section to the board in writing by the deadline for reporting of receipts and
31.29expenditures before a primary under section
31.30 (b) A candidate for a vacancy to be filled at a special election for which the filing
31.31period does not coincide with the filing period for the general election must accumulate
31.32the contributions specified in paragraph (a) and must submit the affidavit required by this
31.33section to the board within five days after the close of the filing period for the special
31.34election for which the candidate filed.
32.1 Sec. 52. Minnesota Statutes 2012, section 211B.32, subdivision 1, is amended to read:
32.2 Subdivision 1. Administrative remedy; exhaustion. (a) Except as provided in
32.3paragraph (b), a complaint alleging a violation of chapter 211A or 211B must be filed with
32.4the office. The complaint must be finally disposed of by the office before the alleged
32.5violation may be prosecuted by a county attorney.
32.6(b) Complaints arising under those sections and related to those individuals and
32.7associations specified in section 10A.02, subdivision 11, paragraph (a), must be filed with
32.8the Campaign Finance and Public Disclosure Board.
32.9 Sec. 53. REPEALER.
32.10Minnesota Statutes 2012, sections 10A.24; 10A.242; and 10A.25, subdivision 6, are
32.11repealed.
32.12 Sec. 54. EFFECTIVE DATE.
32.13 This article is effective the day following final enactment.
32.16 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:
32.17 Subd. 35. Public official. "Public official" means any:
32.18 (1) member of the legislature;
32.19 (2) individual employed by the legislature as secretary of the senate, legislative
32.20auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
32.21legislative analyst, fiscal analyst, or attorney in the Office of Senate Counsel
32.22
32.23 (3) constitutional officer in the executive branch and the officer's chief administrative
32.24deputy;
32.25 (4) solicitor general or deputy, assistant, or special assistant attorney general;
32.26 (5) commissioner, deputy commissioner, or assistant commissioner of any state
32.27department or agency as listed in section
32.28officer;
32.29 (6) member, chief administrative officer, or deputy chief administrative officer of a
32.30state board or commission that has either the power to adopt, amend, or repeal rules under
32.31chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
32.32 (7) individual employed in the executive branch who is authorized to adopt, amend,
32.33or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
33.1 (8) executive director of the State Board of Investment;
33.2 (9) deputy of any official listed in clauses (7) and (8);
33.3 (10) judge of the Workers' Compensation Court of Appeals;
33.4 (11) administrative law judge or compensation judge in the State Office of
33.5Administrative Hearings or unemployment law judge in the Department of Employment
33.6and Economic Development;
33.7 (12) member, regional administrator, division director, general counsel, or operations
33.8manager of the Metropolitan Council;
33.9 (13) member or chief administrator of a metropolitan agency;
33.10 (14) director of the Division of Alcohol and Gambling Enforcement in the
33.11Department of Public Safety;
33.12 (15) member or executive director of the Higher Education Facilities Authority;
33.13 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
33.14 (17) member of the board of directors or executive director of the Minnesota State
33.15High School League;
33.16 (18) member of the Minnesota Ballpark Authority established in section
33.17 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
33.18 (20) manager of a watershed district, or member of a watershed management
33.19organization as defined under section
33.20 (21) supervisor of a soil and water conservation district;
33.21(22) director of Explore Minnesota Tourism;
33.22 (23) citizen member of the Lessard-Sams Outdoor Heritage Council established
33.23in section 97A.056;
33.24(24) citizen member of the Clean Water Council established in section
33.25(25) member or chief executive of the Minnesota Sports Facilities Authority
33.26established in section
33.27 Sec. 2. Minnesota Statutes 2012, section 10A.025, subdivision 4, is amended to read:
33.28 Subd. 4. Changes and corrections. Material changes in information previously
33.29submitted and corrections to a report or statement must be reported in writing to the board
33.30within ten days following the date of the event prompting the change or the date upon
33.31which the person filing became aware of the inaccuracy. The change or correction must
33.32identify the form and the paragraph containing the information to be changed or corrected.
33.33A person who willfully fails to report a material change or correction
33.34
33.35 A willful violation of this subdivision is a gross misdemeanor.
34.1The board must send a notice by certified mail to any individual who fails to file a
34.2report required by this subdivision. If the individual fails to file the required report within
34.3ten business days after the notice was sent, the board may impose a late filing fee of $5 per
34.4day up to $100 starting on the 11th day after the notice was sent. The board must send
34.5an additional notice by certified mail to an individual who fails to file a report within 14
34.6days after the first notice was sent by the board that the individual may be subject to a
34.7civil penalty for failure to file a report. An individual who fails to file a report required by
34.8this subdivision within seven days after the second notice was sent by the board is subject
34.9to a civil penalty imposed by the board of up to $1,000.
34.10 Sec. 3. Minnesota Statutes 2012, section 10A.04, subdivision 5, is amended to read:
34.11 Subd. 5. Late filing. If a lobbyist or principal fails to file a report required by
34.12this section
34.13impose a late filing fee of
34.14 the
34.15lobbyist or principal who fails to file a report within ten business days after the report was
34.16due that the lobbyist or principal may be subject to a civil penalty for failure to file the
34.17report or pay the fee. A lobbyist or principal who fails to file a report or statement or pay a
34.18fee within seven days after the certified mail notice was sent by the board is subject to a
34.19civil penalty imposed by the board of up to $1,000.
34.20 Sec. 4. Minnesota Statutes 2012, section 10A.16, is amended to read:
34.2110A.16 EARMARKING CONTRIBUTIONS PROHIBITED.
34.22An individual, political committee, political fund, principal campaign committee, or
34.23party unit may not solicit or accept a contribution from any source with the express or
34.24implied condition that the contribution or any part of it be directed to a particular candidate
34.25other than the initial recipient. An individual, political committee, political fund, principal
34.26campaign committee, or party unit that knowingly accepts any earmarked contribution is
34.27
34.28$3,000. Knowingly accepting any earmarked contribution is a gross misdemeanor.
34.29 Sec. 5. Minnesota Statutes 2012, section 10A.20, subdivision 4, is amended to read:
34.30 Subd. 4. Period of report. A report must cover the period from January 1 of the
34.31reporting year to seven days before the filing date, except that the report due on January
34.3231 must cover the period from
34.33December 31 of the reporting year.
35.1 Sec. 6. Minnesota Statutes 2012, section 10A.20, subdivision 12, is amended to read:
35.2 Subd. 12. Failure to file; penalty. If an individual fails to file a report required by
35.3this section that is due January 31
35.4board may impose a late filing fee of $25 per day, not to exceed $1,000, commencing
35.5the day after the report was due.
35.6If an individual fails to file a report required by this section that is due before a
35.7primary or general election
35.8
35.9not to exceed $1,000, commencing on the day after the date the statement was due.
35.10The board must send notice by certified mail to an individual who fails to file a
35.11report within ten business days after the report was due that the individual may be subject
35.12to a civil penalty for failure to file the report. An individual who fails to file the report
35.13within seven days after the certified mail notice was sent by the board is subject to a civil
35.14penalty imposed by the board of up to $1,000.
35.15 Sec. 7. Minnesota Statutes 2012, section 10A.273, subdivision 1, is amended to read:
35.16 Subdivision 1. Contributions during legislative session. (a) A candidate for the
35.17legislature or for constitutional office, the candidate's principal campaign committee, or
35.18a political committee or party unit established by all or a part of the party organization
35.19within a house of the legislature, must not solicit or accept a contribution from a registered
35.20lobbyist, political committee, political fund,
35.21 an association not registered with the board, or
35.22organization within a house of the legislature, during a regular session of the legislature.
35.23(b) A registered lobbyist, political committee, political fund,
35.24
35.25by the party organization within a house of the legislature, must not make a contribution to a
35.26candidate for the legislature or for constitutional office, the candidate's principal campaign
35.27committee, or a political committee or party unit established by all or a part of the party
35.28organization within a house of the legislature during a regular session of the legislature.
35.29 Sec. 8. Minnesota Statutes 2012, section 10A.273, subdivision 4, is amended to read:
35.30 Subd. 4. Civil penalty. A candidate, political committee, party unit, political fund,
35.31
35.32lobbyist that violates this section is subject to a civil penalty imposed by the board of up
35.33to $1,000. If the board makes a public finding that there is probable cause to believe a
35.34violation of this section has occurred, the board
36.1finding to a county attorney who must bring an action, in the District Court of Ramsey
36.2County, to collect a civil penalty as imposed by the board. Penalties paid under this section
36.3must be deposited in the general fund in the state treasury.
36.4 Sec. 9. Minnesota Statutes 2012, section 10A.30, is amended to read:
36.510A.30 STATE ELECTIONS CAMPAIGN
36.6 Subdivision 1. Establishment. An account is established in the special revenue fund
36.7of the state known as the "state elections campaign
36.8 Subd. 2. Separate account. Within the state elections campaign
36.9must be maintained a separate political party account for the state committee and the
36.10candidates of each political party and a general account.
36.11 Subd. 3. Special elections account. An account is established in the special revenue
36.12fund of the state known as the "state special elections campaign account."
36.13 Sec. 10. Minnesota Statutes 2012, section 10A.31, subdivision 7, is amended to read:
36.14 Subd. 7. Distribution of general account. (a) As soon as the board has obtained
36.15the results of the primary election from the secretary of state, but no later than one week
36.16after certification of the primary results by the State Canvassing Board, the board must
36.17distribute the available money in the general account, as certified by the commissioner of
36.18revenue
36.19forth in subdivision 5, in equal amounts to all candidates of a major political party whose
36.20names are to appear on the ballot in the general election and who:
36.21(1) have signed a spending limit agreement under section
36.22(2) have filed the affidavit of contributions required by section
36.23(3) were opposed in either the primary election or the general election.
36.24(b) The public subsidy under this subdivision may not be paid in an amount that
36.25would cause the sum of the public subsidy paid from the party account plus the public
36.26subsidy paid from the general account to exceed 50 percent of the expenditure limit for the
36.27candidate or 50 percent of the expenditure limit that would have applied to the candidate if
36.28the candidate had not been freed from expenditure limits under section
36.2910
36.30must be distributed equally among all other qualifying candidates for the same office until
36.31all have reached the 50 percent limit or the balance in the general account is exhausted.
36.32
36.33
36.34
37.1
37.2
37.3
37.4
37.5
37.6
37.7
37.8
37.9 Sec. 11. Minnesota Statutes 2012, section 10A.315, is amended to read:
37.1010A.315 SPECIAL ELECTION SUBSIDY.
37.11(a) Each eligible candidate for a legislative office in a special election must be
37.12paid a public subsidy equal to the sum of:
37.13(1) the party account money at the last general election for the candidate's party
37.14for the office the candidate is seeking; and
37.15(2) the general account money paid to a candidate for the same office at the last
37.16general election.
37.17(b) A candidate who wishes to receive this public subsidy must submit a signed
37.18agreement under section
37.19requirements of section
37.20same manner as money in the party and general accounts is distributed to legislative
37.21candidates in a general election.
37.22(c) The amount necessary to make the payments required by this section is
37.23appropriated from the general fund
37.24campaign account for distribution by the board as set forth in this section.
37.25 Sec. 12. Minnesota Statutes 2012, section 10A.322, subdivision 4, is amended to read:
37.26 Subd. 4. Refund receipt forms; penalty. The board must make available to a
37.27political party on request and to any candidate for whom an agreement under this section
37.28is effective, a supply of official refund receipt forms that state in boldface type that:
37.29(1) a contributor who is given a receipt form is eligible to claim a refund as provided
37.30in section
37.31(2) if the contribution is to a candidate, that the candidate has signed an agreement to
37.32limit campaign expenditures as provided in this section.
37.33The forms must provide duplicate copies of the receipt to be attached to the contributor's
37.34claim.
38.1
38.2of the candidate's contributors by a candidate or treasurer of a candidate who did not sign
38.3an agreement under this section is
38.4 Sec. 13. EFFECTIVE DATE.
38.5 This article is effective the day following final enactment.
38.8 Section 1. Minnesota Statutes 2012, section 10A.242, subdivision 1, is amended to read:
38.9 Subdivision 1. Dissolution required. A political committee, political fund, or
38.10principal campaign committee must be dissolved within 60 days after receiving notice
38.11from the board that the committee or fund has become inactive. The assets of the
38.12committee or fund must be spent for the purposes authorized by section
38.13applicable law or liquidated and deposited in the general account of the state elections
38.14campaign
38.15that it has become inactive.
38.16 Sec. 2. Minnesota Statutes 2012, section 10A.27, subdivision 9, is amended to read:
38.17 Subd. 9. Contributions to and from other candidates. (a) A candidate or the
38.18treasurer of a candidate's principal campaign committee must not accept a contribution
38.19from another candidate's principal campaign committee or from any other committee
38.20bearing the contributing candidate's name or title or otherwise authorized by the
38.21contributing candidate, unless the contributing candidate's principal campaign committee
38.22is being dissolved. A candidate's principal campaign committee must not make a
38.23contribution to another candidate's principal campaign committee, except when the
38.24contributing committee is being dissolved.
38.25(b) A principal campaign committee that makes a contribution to another principal
38.26campaign committee must provide with the contribution a written statement of the
38.27committee's intent to dissolve and terminate its registration within 12 months after the
38.28contribution was made. If the committee fails to dissolve and terminate its registration by
38.29that time, the board may levy a civil penalty up to four times the size of the contribution
38.30against the contributing committee. A contribution from a terminating principal campaign
38.31committee that is not accepted by another principal campaign committee must be forwarded
38.32to the board for deposit in the general account of the state elections campaign
39.1(c) A candidate's principal campaign committee must not accept a contribution from,
39.2or make a contribution to, a committee associated with a person who seeks nomination
39.3or election to the office of president, senator, or representative in Congress of the United
39.4States.
39.5(d) A candidate or the treasurer of a candidate's principal campaign committee must
39.6not accept a contribution from a candidate for political subdivision office in any state,
39.7unless the contribution is from the personal funds of the candidate for political subdivision
39.8office. A candidate or the treasurer of a candidate's principal campaign committee must
39.9not make a contribution from the principal campaign committee to a candidate for political
39.10subdivision office in any state.
39.11 Sec. 3. Minnesota Statutes 2012, section 10A.31, subdivision 1, is amended to read:
39.12 Subdivision 1. Designation. An individual resident of this state who files an income
39.13tax return or a renter and homeowner property tax refund return with the commissioner of
39.14revenue may designate on their original return that $5 be paid from the general fund of
39.15the state into the state elections campaign
39.16return, each spouse may designate that $5 be paid. No individual is allowed to designate
39.17$5 more than once in any year. The taxpayer may designate that the amount be paid into
39.18the account of a political party or into the general account.
39.19 Sec. 4. Minnesota Statutes 2012, section 10A.31, subdivision 4, is amended to read:
39.20 Subd. 4. Appropriation. (a) The amounts designated by individuals for the state
39.21elections campaign
39.22fund, must be transferred and credited to the appropriate account in the state elections
39.23campaign
39.24subdivisions 5, 5a, 6, and 7. The remaining three percent must be kept in the general fund
39.25for administrative costs.
39.26(b) In addition to the amounts in paragraph (a), $1,020,000 for each general election
39.27is appropriated from the general fund for transfer to the general account of the state
39.28elections campaign
39.29 Sec. 5. Minnesota Statutes 2012, section 10A.321, subdivision 1, is amended to read:
39.30 Subdivision 1. Calculation and certification of estimates. The commissioner of
39.31revenue must calculate and certify to the board one week before the first day for filing for
39.32office in each election year an estimate of the total amount in the state general account
39.33of the state elections campaign
40.1who qualifies, as provided in section
40.2candidate's party account in the state elections campaign
40.3be based upon the allocations and formulas in section
40.4necessary vote totals provided by the secretary of state to apply the formulas in section
40.6100 percent of the tax returns have been processed.
40.7 Sec. 6. Minnesota Statutes 2012, section 10A.324, subdivision 1, is amended to read:
40.8 Subdivision 1. When return required. A candidate must return all or a portion
40.9of the public subsidy received from the state elections campaign
40.10public subsidy received under section
40.11section
40.12To the extent that the amount of public subsidy received exceeds the aggregate of:
40.13(1) actual expenditures made by the principal campaign committee of the candidate; and
40.14(2) approved expenditures made on behalf of the candidate, the treasurer of the candidate's
40.15principal campaign committee must return an amount equal to the difference to the board.
40.16The cost of postage that was not used during an election cycle and payments that created
40.17credit balances at vendors at the close of an election cycle are not considered expenditures
40.18for purposes of determining the amount to be returned. Expenditures in excess of the
40.19candidate's spending limit do not count in determining aggregate expenditures under
40.20this paragraph.
40.21 Sec. 7. Minnesota Statutes 2012, section 211B.37, is amended to read:
40.22211B.37 COSTS ASSESSED.
40.23Except as otherwise provided in section
40.24administrative law judge shall assess the cost of considering complaints filed under section
40.26question or an election for a statewide or legislative office must be assessed against the
40.27appropriation from the general fund to the general account of the state elections campaign
40.28
40.29ballot question or elective office must be assessed against the county or counties in
40.30which the election is held. Where the election is held in more than one county, the chief
40.31administrative law judge shall apportion the assessment among the counties in proportion
40.32to their respective populations within the election district to which the complaint relates
40.33according to the most recent decennial federal census.
41.1 Sec. 8. EFFECTIVE DATE.
41.2 This article is effective the day following final enactment.