Bill Text: MN HF664 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Campaign finance and public disclosure law changed, and definition of public official expanded.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2013-05-16 - Second reading [HF664 Detail]
Download: Minnesota-2013-HF664-Introduced.html
1.2relating to campaign finance; making various changes to campaign finance
1.3and public disclosure law; expanding definition of public official;amending
1.4Minnesota Statutes 2012, sections 10A.01, subdivision 35; 10A.025, subdivision
1.54; 10A.04, subdivision 5; 10A.15, subdivision 1; 10A.16; 10A.20, subdivisions
1.64, 12; 10A.242, subdivision 1; 10A.27, subdivision 9; 10A.273, subdivisions
1.71, 4; 10A.30; 10A.31, subdivisions 1, 4, 7; 10A.315; 10A.321, subdivision 1;
1.810A.322, subdivision 4; 10A.324, subdivision 1; 211B.37.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:
1.13 Subd. 35. Public official. "Public official" means any:
1.14 (1) member of the legislature;
1.15 (2) individual employed by the legislature as secretary of the senate, legislative
1.16auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
1.17legislative analyst, fiscal analyst, or attorney in the Office of Senate Counseland, Research
1.18or, and Fiscal Analysis, House Research, or the House Fiscal Analysis Department;
1.19 (3) constitutional officer in the executive branch and the officer's chief administrative
1.20deputy;
1.21 (4) solicitor general or deputy, assistant, or special assistant attorney general;
1.22 (5) commissioner, deputy commissioner, or assistant commissioner of any state
1.23department or agency as listed in section15.01 or
15.06 , or the state chief information
1.24officer;
2.1 (6) member, chief administrative officer, or deputy chief administrative officer of a
2.2state board or commission that has either the power to adopt, amend, or repeal rules under
2.3chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
2.4 (7) individual employed in the executive branch who is authorized to adopt, amend,
2.5or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
2.6 (8) executive director of the State Board of Investment;
2.7 (9) deputy of any official listed in clauses (7) and (8);
2.8 (10) judge of the Workers' Compensation Court of Appeals;
2.9 (11) administrative law judge or compensation judge in the State Office of
2.10Administrative Hearings or unemployment law judge in the Department of Employment
2.11and Economic Development;
2.12 (12) member, regional administrator, division director, general counsel, or operations
2.13manager of the Metropolitan Council;
2.14 (13) member or chief administrator of a metropolitan agency;
2.15 (14) director of the Division of Alcohol and Gambling Enforcement in the
2.16Department of Public Safety;
2.17 (15) member or executive director of the Higher Education Facilities Authority;
2.18 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
2.19 (17) member of the board of directors or executive director of the Minnesota State
2.20High School League;
2.21 (18) member of the Minnesota Ballpark Authority established in section473.755 ;
2.22 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
2.23 (20) manager of a watershed district, or member of a watershed management
2.24organization as defined under section103B.205, subdivision 13 ;
2.25 (21) supervisor of a soil and water conservation district;
2.26(22) director of Explore Minnesota Tourism;
2.27 (23) citizen member of the Lessard-Sams Outdoor Heritage Council established
2.28in section 97A.056;
2.29(24) citizen member of the Clean Water Council established in section114D.30 ; or
2.30(25) member or chief executive of the Minnesota Sports Facilities Authority
2.31established in section473J.07 .
2.32 Sec. 2. Minnesota Statutes 2012, section 10A.025, subdivision 4, is amended to read:
2.33 Subd. 4. Changes and corrections. Material changes in information previously
2.34submitted and corrections to a report or statement must be reported in writing to the board
2.35within ten days following the date of the event prompting the change or the date upon
3.1which the person filing became aware of the inaccuracy. The change or correction must
3.2identify the form and the paragraph containing the information to be changed or corrected.
3.3A person who willfully fails to report a material change or correctionis guilty of a
3.4gross misdemeanor and is subject to a civil penalty imposed by the board of up to $3,000.
3.5 A willful violation of this subdivision is a gross misdemeanor.
3.6The board must send a notice by certified mail to any individual who fails to file a
3.7report required by this subdivision. If the individual fails to file the required report within
3.8ten business days after the notice was sent, the board may impose a late filing fee of $5 per
3.9day up to $100 starting on the 11th day after the notice was sent. The board must send
3.10an additional notice by certified mail to an individual who fails to file a report within 14
3.11days after the first notice was sent by the board that the individual may be subject to a
3.12civil penalty for failure to file a report. An individual who fails to file a report required by
3.13this subdivision within seven days after the second notice was sent by the board is subject
3.14to a civil penalty imposed by the board of up to $1,000.
3.15 Sec. 3. Minnesota Statutes 2012, section 10A.04, subdivision 5, is amended to read:
3.16 Subd. 5. Late filing. If a lobbyist or principal fails to file a report required by
3.17this sectionwithin ten business days after by the date the report was due, the board may
3.18impose a late filing fee of$5 $25 per day, not to exceed $100 $1,000, commencing with
3.19 the11th day after the report was due. The board must send notice by certified mail to any
3.20lobbyist or principal who fails to file a report within ten business days after the report was
3.21due that the lobbyist or principal may be subject to a civil penalty for failure to file the
3.22report or pay the fee. A lobbyist or principal who fails to file a report or statement or pay a
3.23fee within seven days after the certified mail notice was sent by the board is subject to a
3.24civil penalty imposed by the board of up to $1,000.
3.25 Sec. 4. Minnesota Statutes 2012, section 10A.16, is amended to read:
3.2610A.16 EARMARKING CONTRIBUTIONS PROHIBITED.
3.27An individual, political committee, political fund, principal campaign committee, or
3.28party unit may not solicit or accept a contribution from any source with the express or
3.29implied condition that the contribution or any part of it be directed to a particular candidate
3.30other than the initial recipient. An individual, political committee, political fund, principal
3.31campaign committee, or party unit that knowingly accepts any earmarked contribution is
3.32guilty of a gross misdemeanor and subject to a civil penalty imposed by the board of up to
3.33$3,000. Knowingly accepting any earmarked contribution is a gross misdemeanor.
4.1 Sec. 5. Minnesota Statutes 2012, section 10A.20, subdivision 4, is amended to read:
4.2 Subd. 4. Period of report. A report must cover the period from January 1 of the
4.3reporting year to seven days before the filing date, except that the report due on January
4.431 must cover the period fromthe last day covered by the previous report January 1 to
4.5December 31 of the reporting year.
4.6 Sec. 6. Minnesota Statutes 2012, section 10A.20, subdivision 12, is amended to read:
4.7 Subd. 12. Failure to file; penalty. If an individual fails to file a report required by
4.8this section that is due January 31within ten business days after the report was due, the
4.9board may impose a late filing fee of $25 per day, not to exceed $1,000, commencing
4.10the day after the report was due.
4.11If an individual fails to file a report required by this section that is due before a
4.12primary or general electionwithin three days after the date due, regardless of whether the
4.13individual has received any notice, the board may impose a late filing fee of $50 per day,
4.14not to exceed $1,000, commencing on the day after the date the statement was due.
4.15The board must send notice by certified mail to an individual who fails to file a
4.16report within ten business days after the report was due that the individual may be subject
4.17to a civil penalty for failure to file the report. An individual who fails to file the report
4.18within seven days after the certified mail notice was sent by the board is subject to a civil
4.19penalty imposed by the board of up to $1,000.
4.20 Sec. 7. Minnesota Statutes 2012, section 10A.273, subdivision 1, is amended to read:
4.21 Subdivision 1. Contributions during legislative session. (a) A candidate for the
4.22legislature or for constitutional office, the candidate's principal campaign committee, or
4.23a political committee or party unit established by all or a part of the party organization
4.24within a house of the legislature, must not solicit or accept a contribution from a registered
4.25lobbyist, political committee, political fund,or dissolving principal campaign committee
4.26 an association not registered with the board, orfrom a party unit established by the party
4.27organization within a house of the legislature, during a regular session of the legislature.
4.28(b) A registered lobbyist, political committee, political fund,or dissolving principal
4.29campaign committee an association not registered with the board, or a party unit established
4.30by the party organization within a house of the legislature, must not make a contribution to a
4.31candidate for the legislature or for constitutional office, the candidate's principal campaign
4.32committee, or a political committee or party unit established by all or a part of the party
4.33organization within a house of the legislature during a regular session of the legislature.
5.1 Sec. 8. Minnesota Statutes 2012, section 10A.273, subdivision 4, is amended to read:
5.2 Subd. 4. Civil penalty. A candidate, political committee, party unit, political fund,
5.3principal campaign committee an association not registered with the board, or a registered
5.4lobbyist that violates this section is subject to a civil penalty imposed by the board of up
5.5to $1,000. If the board makes a public finding that there is probable cause to believe a
5.6violation of this section has occurred, the boardmust may bring an action, or transmit the
5.7finding to a county attorney who must bring an action, in the District Court of Ramsey
5.8County, to collect a civil penalty as imposed by the board. Penalties paid under this section
5.9must be deposited in the general fund in the state treasury.
5.10 Sec. 9. Minnesota Statutes 2012, section 10A.30, is amended to read:
5.1110A.30 STATE ELECTIONS CAMPAIGNFUND ACCOUNT.
5.12 Subdivision 1. Establishment. An account is established in the special revenue fund
5.13of the state known as the "state elections campaignfund account."
5.14 Subd. 2. Separate account. Within the state elections campaignfund account there
5.15must be maintained a separate political party account for the state committee and the
5.16candidates of each political party and a general account.
5.17 Subd. 3. Special elections account. An account is established in the special revenue
5.18fund of the state known as the "state special elections campaign account."
5.19 Sec. 10. Minnesota Statutes 2012, section 10A.31, subdivision 7, is amended to read:
5.20 Subd. 7. Distribution of general account. (a) As soon as the board has obtained
5.21the results of the primary election from the secretary of state, but no later than one week
5.22after certification of the primary results by the State Canvassing Board, the board must
5.23distribute the available money in the general account, as certified by the commissioner of
5.24revenueon September 1 one week before the state primary and according to allocations set
5.25forth in subdivision 5, in equal amounts to all candidates of a major political party whose
5.26names are to appear on the ballot in the general election and who:
5.27(1) have signed a spending limit agreement under section10A.322 ;
5.28(2) have filed the affidavit of contributions required by section10A.323 ; and
5.29(3) were opposed in either the primary election or the general election.
5.30(b) The public subsidy under this subdivision may not be paid in an amount that
5.31would cause the sum of the public subsidy paid from the party account plus the public
5.32subsidy paid from the general account to exceed 50 percent of the expenditure limit for the
5.33candidate or 50 percent of the expenditure limit that would have applied to the candidate if
5.34the candidate had not been freed from expenditure limits under section10A.25, subdivision
6.110 . Money from the general account not paid to a candidate because of the 50 percent limit
6.2must be distributed equally among all other qualifying candidates for the same office until
6.3all have reached the 50 percent limit or the balance in the general account is exhausted.
6.4(c) A candidate must expend or become obligated to expend at least an amount equal
6.5to 50 percent of the money distributed by the board under this subdivision no later than the
6.6end of the final reporting period preceding the general election. Otherwise, the candidate
6.7must repay to the board the difference between the amount the candidate spent or became
6.8obligated to spend by the deadline and the amount distributed to the candidate under this
6.9subdivision. The candidate must make the repayment no later than six months following
6.10the general election. The candidate must reimburse the board for all reasonable costs,
6.11including litigation costs, incurred in collecting any amount due.
6.12If the board determines that a candidate has failed to repay money as required by this
6.13paragraph, the board may not distribute any additional money to the candidate until the
6.14entirety of the repayment has been made.
6.15 Sec. 11. Minnesota Statutes 2012, section 10A.315, is amended to read:
6.1610A.315 SPECIAL ELECTION SUBSIDY.
6.17(a) Each eligible candidate for a legislative office in a special election must be
6.18paid a public subsidy equal to the sum of:
6.19(1) the party account money at the last general election for the candidate's party
6.20for the office the candidate is seeking; and
6.21(2) the general account money paid to a candidate for the same office at the last
6.22general election.
6.23(b) A candidate who wishes to receive this public subsidy must submit a signed
6.24agreement under section10A.322 to the board and must meet the contribution
6.25requirements of section10A.323 . The special election subsidy must be distributed in the
6.26same manner as money in the party and general accounts is distributed to legislative
6.27candidates in a general election.
6.28(c) The amount necessary to make the payments required by this section is
6.29appropriated from the general fundto the board for transfer to the state special elections
6.30campaign account for distribution by the board as set forth in this section.
6.31 Sec. 12. Minnesota Statutes 2012, section 10A.322, subdivision 4, is amended to read:
6.32 Subd. 4. Refund receipt forms; penalty. The board must make available to a
6.33political party on request and to any candidate for whom an agreement under this section
6.34is effective, a supply of official refund receipt forms that state in boldface type that:
7.1(1) a contributor who is given a receipt form is eligible to claim a refund as provided
7.2in section290.06, subdivision 23 ,; and
7.3(2) if the contribution is to a candidate, that the candidate has signed an agreement to
7.4limit campaign expenditures as provided in this section.
7.5The forms must provide duplicate copies of the receipt to be attached to the contributor's
7.6claim.A candidate who does not sign an agreement under this section and who willfully
7.7issues The willful issuance of an official refund receipt form or a facsimile of one to any
7.8of the candidate's contributors by a candidate or treasurer of a candidate who did not sign
7.9an agreement under this section isguilty of a misdemeanor.
7.12 Section 1. Minnesota Statutes 2012, section 10A.15, subdivision 1, is amended to read:
7.13 Subdivision 1. Anonymous contributions. A political committee, political fund,
7.14principal campaign committee, or party unit may not retain an anonymous contribution
7.15in excess of $20, but must forward it to the board for deposit in the general account of
7.16the state elections campaignfund account.
7.17 Sec. 2. Minnesota Statutes 2012, section 10A.242, subdivision 1, is amended to read:
7.18 Subdivision 1. Dissolution required. A political committee, political fund, or
7.19principal campaign committee must be dissolved within 60 days after receiving notice
7.20from the board that the committee or fund has become inactive. The assets of the
7.21committee or fund must be spent for the purposes authorized by section211B.12 and other
7.22applicable law or liquidated and deposited in the general account of the state elections
7.23campaignfund account within 60 days after the board notifies the committee or fund
7.24that it has become inactive.
7.25 Sec. 3. Minnesota Statutes 2012, section 10A.27, subdivision 9, is amended to read:
7.26 Subd. 9. Contributions to and from other candidates. (a) A candidate or the
7.27treasurer of a candidate's principal campaign committee must not accept a contribution
7.28from another candidate's principal campaign committee or from any other committee
7.29bearing the contributing candidate's name or title or otherwise authorized by the
7.30contributing candidate, unless the contributing candidate's principal campaign committee
7.31is being dissolved. A candidate's principal campaign committee must not make a
8.1contribution to another candidate's principal campaign committee, except when the
8.2contributing committee is being dissolved.
8.3(b) A principal campaign committee that makes a contribution to another principal
8.4campaign committee must provide with the contribution a written statement of the
8.5committee's intent to dissolve and terminate its registration within 12 months after the
8.6contribution was made. If the committee fails to dissolve and terminate its registration by
8.7that time, the board may levy a civil penalty up to four times the size of the contribution
8.8against the contributing committee. A contribution from a terminating principal campaign
8.9committee that is not accepted by another principal campaign committee must be forwarded
8.10to the board for deposit in the general account of the state elections campaignfund account.
8.11(c) A candidate's principal campaign committee must not accept a contribution from,
8.12or make a contribution to, a committee associated with a person who seeks nomination
8.13or election to the office of president, senator, or representative in Congress of the United
8.14States.
8.15(d) A candidate or the treasurer of a candidate's principal campaign committee must
8.16not accept a contribution from a candidate for political subdivision office in any state,
8.17unless the contribution is from the personal funds of the candidate for political subdivision
8.18office. A candidate or the treasurer of a candidate's principal campaign committee must
8.19not make a contribution from the principal campaign committee to a candidate for political
8.20subdivision office in any state.
8.21 Sec. 4. Minnesota Statutes 2012, section 10A.31, subdivision 1, is amended to read:
8.22 Subdivision 1. Designation. An individual resident of this state who files an income
8.23tax return or a renter and homeowner property tax refund return with the commissioner of
8.24revenue may designate on their original return that $5 be paid from the general fund of
8.25the state into the state elections campaignfund account. If a husband and wife file a joint
8.26return, each spouse may designate that $5 be paid. No individual is allowed to designate
8.27$5 more than once in any year. The taxpayer may designate that the amount be paid into
8.28the account of a political party or into the general account.
8.29 Sec. 5. Minnesota Statutes 2012, section 10A.31, subdivision 4, is amended to read:
8.30 Subd. 4. Appropriation. (a) The amounts designated by individuals for the state
8.31elections campaignfund account, less three percent, are appropriated from the general
8.32fund, must be transferred and credited to the appropriate account in the state elections
8.33campaignfund account, and are annually appropriated for distribution as set forth in
9.1subdivisions 5, 5a, 6, and 7. The remaining three percent must be kept in the general fund
9.2for administrative costs.
9.3(b) In addition to the amounts in paragraph (a), $1,020,000 for each general election
9.4is appropriated from the general fund for transfer to the general account of the state
9.5elections campaignfund account.
9.6 Sec. 6. Minnesota Statutes 2012, section 10A.321, subdivision 1, is amended to read:
9.7 Subdivision 1. Calculation and certification of estimates. The commissioner of
9.8revenue must calculate and certify to the board one week before the first day for filing for
9.9office in each election year an estimate of the total amount in the state general account
9.10of the state elections campaignfund account and the amount of money each candidate
9.11who qualifies, as provided in section10A.31 , subdivisions 6 and 7, may receive from the
9.12candidate's party account in the state elections campaignfund account. This estimate must
9.13be based upon the allocations and formulas in section10A.31 , subdivisions 5 and 5a, any
9.14necessary vote totals provided by the secretary of state to apply the formulas in section
9.1510A.31
, subdivisions 5 and 5a, and the amount of money expected to be available after
9.16100 percent of the tax returns have been processed.
9.17 Sec. 7. Minnesota Statutes 2012, section 10A.324, subdivision 1, is amended to read:
9.18 Subdivision 1. When return required. A candidate must return all or a portion
9.19of the public subsidy received from the state elections campaignfund account or the
9.20public subsidy received under section10A.315 , under the circumstances in this section or
9.21section10A.257, subdivision 1 .
9.22To the extent that the amount of public subsidy received exceeds the aggregate of:
9.23(1) actual expenditures made by the principal campaign committee of the candidate; and
9.24(2) approved expenditures made on behalf of the candidate, the treasurer of the candidate's
9.25principal campaign committee must return an amount equal to the difference to the board.
9.26The cost of postage that was not used during an election cycle and payments that created
9.27credit balances at vendors at the close of an election cycle are not considered expenditures
9.28for purposes of determining the amount to be returned. Expenditures in excess of the
9.29candidate's spending limit do not count in determining aggregate expenditures under
9.30this paragraph.
9.31 Sec. 8. Minnesota Statutes 2012, section 211B.37, is amended to read:
9.32211B.37 COSTS ASSESSED.
10.1Except as otherwise provided in section211B.36, subdivision 3 , the chief
10.2administrative law judge shall assess the cost of considering complaints filed under section
10.3211B.32
as provided in this section. Costs of complaints relating to a statewide ballot
10.4question or an election for a statewide or legislative office must be assessed against the
10.5appropriation from the general fund to the general account of the state elections campaign
10.6fund account in section
10A.31, subdivision 4 . Costs of complaints relating to any other
10.7ballot question or elective office must be assessed against the county or counties in
10.8which the election is held. Where the election is held in more than one county, the chief
10.9administrative law judge shall apportion the assessment among the counties in proportion
10.10to their respective populations within the election district to which the complaint relates
10.11according to the most recent decennial federal census.
1.3and public disclosure law; expanding definition of public official;amending
1.4Minnesota Statutes 2012, sections 10A.01, subdivision 35; 10A.025, subdivision
1.54; 10A.04, subdivision 5; 10A.15, subdivision 1; 10A.16; 10A.20, subdivisions
1.64, 12; 10A.242, subdivision 1; 10A.27, subdivision 9; 10A.273, subdivisions
1.71, 4; 10A.30; 10A.31, subdivisions 1, 4, 7; 10A.315; 10A.321, subdivision 1;
1.810A.322, subdivision 4; 10A.324, subdivision 1; 211B.37.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:
1.13 Subd. 35. Public official. "Public official" means any:
1.14 (1) member of the legislature;
1.15 (2) individual employed by the legislature as secretary of the senate, legislative
1.16auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
1.17legislative analyst, fiscal analyst, or attorney in the Office of Senate Counsel
1.18
1.19 (3) constitutional officer in the executive branch and the officer's chief administrative
1.20deputy;
1.21 (4) solicitor general or deputy, assistant, or special assistant attorney general;
1.22 (5) commissioner, deputy commissioner, or assistant commissioner of any state
1.23department or agency as listed in section
1.24officer;
2.1 (6) member, chief administrative officer, or deputy chief administrative officer of a
2.2state board or commission that has either the power to adopt, amend, or repeal rules under
2.3chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
2.4 (7) individual employed in the executive branch who is authorized to adopt, amend,
2.5or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
2.6 (8) executive director of the State Board of Investment;
2.7 (9) deputy of any official listed in clauses (7) and (8);
2.8 (10) judge of the Workers' Compensation Court of Appeals;
2.9 (11) administrative law judge or compensation judge in the State Office of
2.10Administrative Hearings or unemployment law judge in the Department of Employment
2.11and Economic Development;
2.12 (12) member, regional administrator, division director, general counsel, or operations
2.13manager of the Metropolitan Council;
2.14 (13) member or chief administrator of a metropolitan agency;
2.15 (14) director of the Division of Alcohol and Gambling Enforcement in the
2.16Department of Public Safety;
2.17 (15) member or executive director of the Higher Education Facilities Authority;
2.18 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
2.19 (17) member of the board of directors or executive director of the Minnesota State
2.20High School League;
2.21 (18) member of the Minnesota Ballpark Authority established in section
2.22 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
2.23 (20) manager of a watershed district, or member of a watershed management
2.24organization as defined under section
2.25 (21) supervisor of a soil and water conservation district;
2.26(22) director of Explore Minnesota Tourism;
2.27 (23) citizen member of the Lessard-Sams Outdoor Heritage Council established
2.28in section 97A.056;
2.29(24) citizen member of the Clean Water Council established in section
2.30(25) member or chief executive of the Minnesota Sports Facilities Authority
2.31established in section
2.32 Sec. 2. Minnesota Statutes 2012, section 10A.025, subdivision 4, is amended to read:
2.33 Subd. 4. Changes and corrections. Material changes in information previously
2.34submitted and corrections to a report or statement must be reported in writing to the board
2.35within ten days following the date of the event prompting the change or the date upon
3.1which the person filing became aware of the inaccuracy. The change or correction must
3.2identify the form and the paragraph containing the information to be changed or corrected.
3.3A person who willfully fails to report a material change or correction
3.4
3.5 A willful violation of this subdivision is a gross misdemeanor.
3.6The board must send a notice by certified mail to any individual who fails to file a
3.7report required by this subdivision. If the individual fails to file the required report within
3.8ten business days after the notice was sent, the board may impose a late filing fee of $5 per
3.9day up to $100 starting on the 11th day after the notice was sent. The board must send
3.10an additional notice by certified mail to an individual who fails to file a report within 14
3.11days after the first notice was sent by the board that the individual may be subject to a
3.12civil penalty for failure to file a report. An individual who fails to file a report required by
3.13this subdivision within seven days after the second notice was sent by the board is subject
3.14to a civil penalty imposed by the board of up to $1,000.
3.15 Sec. 3. Minnesota Statutes 2012, section 10A.04, subdivision 5, is amended to read:
3.16 Subd. 5. Late filing. If a lobbyist or principal fails to file a report required by
3.17this section
3.18impose a late filing fee of
3.19 the
3.20lobbyist or principal who fails to file a report within ten business days after the report was
3.21due that the lobbyist or principal may be subject to a civil penalty for failure to file the
3.22report or pay the fee. A lobbyist or principal who fails to file a report or statement or pay a
3.23fee within seven days after the certified mail notice was sent by the board is subject to a
3.24civil penalty imposed by the board of up to $1,000.
3.25 Sec. 4. Minnesota Statutes 2012, section 10A.16, is amended to read:
3.2610A.16 EARMARKING CONTRIBUTIONS PROHIBITED.
3.27An individual, political committee, political fund, principal campaign committee, or
3.28party unit may not solicit or accept a contribution from any source with the express or
3.29implied condition that the contribution or any part of it be directed to a particular candidate
3.30other than the initial recipient. An individual, political committee, political fund, principal
3.31campaign committee, or party unit that knowingly accepts any earmarked contribution is
3.32
3.33$3,000. Knowingly accepting any earmarked contribution is a gross misdemeanor.
4.1 Sec. 5. Minnesota Statutes 2012, section 10A.20, subdivision 4, is amended to read:
4.2 Subd. 4. Period of report. A report must cover the period from January 1 of the
4.3reporting year to seven days before the filing date, except that the report due on January
4.431 must cover the period from
4.5December 31 of the reporting year.
4.6 Sec. 6. Minnesota Statutes 2012, section 10A.20, subdivision 12, is amended to read:
4.7 Subd. 12. Failure to file; penalty. If an individual fails to file a report required by
4.8this section that is due January 31
4.9board may impose a late filing fee of $25 per day, not to exceed $1,000, commencing
4.10the day after the report was due.
4.11If an individual fails to file a report required by this section that is due before a
4.12primary or general election
4.13
4.14not to exceed $1,000, commencing on the day after the date the statement was due.
4.15The board must send notice by certified mail to an individual who fails to file a
4.16report within ten business days after the report was due that the individual may be subject
4.17to a civil penalty for failure to file the report. An individual who fails to file the report
4.18within seven days after the certified mail notice was sent by the board is subject to a civil
4.19penalty imposed by the board of up to $1,000.
4.20 Sec. 7. Minnesota Statutes 2012, section 10A.273, subdivision 1, is amended to read:
4.21 Subdivision 1. Contributions during legislative session. (a) A candidate for the
4.22legislature or for constitutional office, the candidate's principal campaign committee, or
4.23a political committee or party unit established by all or a part of the party organization
4.24within a house of the legislature, must not solicit or accept a contribution from a registered
4.25lobbyist, political committee, political fund,
4.26 an association not registered with the board, or
4.27organization within a house of the legislature, during a regular session of the legislature.
4.28(b) A registered lobbyist, political committee, political fund,
4.29
4.30by the party organization within a house of the legislature, must not make a contribution to a
4.31candidate for the legislature or for constitutional office, the candidate's principal campaign
4.32committee, or a political committee or party unit established by all or a part of the party
4.33organization within a house of the legislature during a regular session of the legislature.
5.1 Sec. 8. Minnesota Statutes 2012, section 10A.273, subdivision 4, is amended to read:
5.2 Subd. 4. Civil penalty. A candidate, political committee, party unit, political fund,
5.3
5.4lobbyist that violates this section is subject to a civil penalty imposed by the board of up
5.5to $1,000. If the board makes a public finding that there is probable cause to believe a
5.6violation of this section has occurred, the board
5.7finding to a county attorney who must bring an action, in the District Court of Ramsey
5.8County, to collect a civil penalty as imposed by the board. Penalties paid under this section
5.9must be deposited in the general fund in the state treasury.
5.10 Sec. 9. Minnesota Statutes 2012, section 10A.30, is amended to read:
5.1110A.30 STATE ELECTIONS CAMPAIGN
5.12 Subdivision 1. Establishment. An account is established in the special revenue fund
5.13of the state known as the "state elections campaign
5.14 Subd. 2. Separate account. Within the state elections campaign
5.15must be maintained a separate political party account for the state committee and the
5.16candidates of each political party and a general account.
5.17 Subd. 3. Special elections account. An account is established in the special revenue
5.18fund of the state known as the "state special elections campaign account."
5.19 Sec. 10. Minnesota Statutes 2012, section 10A.31, subdivision 7, is amended to read:
5.20 Subd. 7. Distribution of general account. (a) As soon as the board has obtained
5.21the results of the primary election from the secretary of state, but no later than one week
5.22after certification of the primary results by the State Canvassing Board, the board must
5.23distribute the available money in the general account, as certified by the commissioner of
5.24revenue
5.25forth in subdivision 5, in equal amounts to all candidates of a major political party whose
5.26names are to appear on the ballot in the general election and who:
5.27(1) have signed a spending limit agreement under section
5.28(2) have filed the affidavit of contributions required by section
5.29(3) were opposed in either the primary election or the general election.
5.30(b) The public subsidy under this subdivision may not be paid in an amount that
5.31would cause the sum of the public subsidy paid from the party account plus the public
5.32subsidy paid from the general account to exceed 50 percent of the expenditure limit for the
5.33candidate or 50 percent of the expenditure limit that would have applied to the candidate if
5.34the candidate had not been freed from expenditure limits under section
6.110
6.2must be distributed equally among all other qualifying candidates for the same office until
6.3all have reached the 50 percent limit or the balance in the general account is exhausted.
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
6.13
6.14
6.15 Sec. 11. Minnesota Statutes 2012, section 10A.315, is amended to read:
6.1610A.315 SPECIAL ELECTION SUBSIDY.
6.17(a) Each eligible candidate for a legislative office in a special election must be
6.18paid a public subsidy equal to the sum of:
6.19(1) the party account money at the last general election for the candidate's party
6.20for the office the candidate is seeking; and
6.21(2) the general account money paid to a candidate for the same office at the last
6.22general election.
6.23(b) A candidate who wishes to receive this public subsidy must submit a signed
6.24agreement under section
6.25requirements of section
6.26same manner as money in the party and general accounts is distributed to legislative
6.27candidates in a general election.
6.28(c) The amount necessary to make the payments required by this section is
6.29appropriated from the general fund
6.30campaign account for distribution by the board as set forth in this section.
6.31 Sec. 12. Minnesota Statutes 2012, section 10A.322, subdivision 4, is amended to read:
6.32 Subd. 4. Refund receipt forms; penalty. The board must make available to a
6.33political party on request and to any candidate for whom an agreement under this section
6.34is effective, a supply of official refund receipt forms that state in boldface type that:
7.1(1) a contributor who is given a receipt form is eligible to claim a refund as provided
7.2in section
7.3(2) if the contribution is to a candidate, that the candidate has signed an agreement to
7.4limit campaign expenditures as provided in this section.
7.5The forms must provide duplicate copies of the receipt to be attached to the contributor's
7.6claim.
7.7
7.8of the candidate's contributors by a candidate or treasurer of a candidate who did not sign
7.9an agreement under this section is
7.12 Section 1. Minnesota Statutes 2012, section 10A.15, subdivision 1, is amended to read:
7.13 Subdivision 1. Anonymous contributions. A political committee, political fund,
7.14principal campaign committee, or party unit may not retain an anonymous contribution
7.15in excess of $20, but must forward it to the board for deposit in the general account of
7.16the state elections campaign
7.17 Sec. 2. Minnesota Statutes 2012, section 10A.242, subdivision 1, is amended to read:
7.18 Subdivision 1. Dissolution required. A political committee, political fund, or
7.19principal campaign committee must be dissolved within 60 days after receiving notice
7.20from the board that the committee or fund has become inactive. The assets of the
7.21committee or fund must be spent for the purposes authorized by section
7.22applicable law or liquidated and deposited in the general account of the state elections
7.23campaign
7.24that it has become inactive.
7.25 Sec. 3. Minnesota Statutes 2012, section 10A.27, subdivision 9, is amended to read:
7.26 Subd. 9. Contributions to and from other candidates. (a) A candidate or the
7.27treasurer of a candidate's principal campaign committee must not accept a contribution
7.28from another candidate's principal campaign committee or from any other committee
7.29bearing the contributing candidate's name or title or otherwise authorized by the
7.30contributing candidate, unless the contributing candidate's principal campaign committee
7.31is being dissolved. A candidate's principal campaign committee must not make a
8.1contribution to another candidate's principal campaign committee, except when the
8.2contributing committee is being dissolved.
8.3(b) A principal campaign committee that makes a contribution to another principal
8.4campaign committee must provide with the contribution a written statement of the
8.5committee's intent to dissolve and terminate its registration within 12 months after the
8.6contribution was made. If the committee fails to dissolve and terminate its registration by
8.7that time, the board may levy a civil penalty up to four times the size of the contribution
8.8against the contributing committee. A contribution from a terminating principal campaign
8.9committee that is not accepted by another principal campaign committee must be forwarded
8.10to the board for deposit in the general account of the state elections campaign
8.11(c) A candidate's principal campaign committee must not accept a contribution from,
8.12or make a contribution to, a committee associated with a person who seeks nomination
8.13or election to the office of president, senator, or representative in Congress of the United
8.14States.
8.15(d) A candidate or the treasurer of a candidate's principal campaign committee must
8.16not accept a contribution from a candidate for political subdivision office in any state,
8.17unless the contribution is from the personal funds of the candidate for political subdivision
8.18office. A candidate or the treasurer of a candidate's principal campaign committee must
8.19not make a contribution from the principal campaign committee to a candidate for political
8.20subdivision office in any state.
8.21 Sec. 4. Minnesota Statutes 2012, section 10A.31, subdivision 1, is amended to read:
8.22 Subdivision 1. Designation. An individual resident of this state who files an income
8.23tax return or a renter and homeowner property tax refund return with the commissioner of
8.24revenue may designate on their original return that $5 be paid from the general fund of
8.25the state into the state elections campaign
8.26return, each spouse may designate that $5 be paid. No individual is allowed to designate
8.27$5 more than once in any year. The taxpayer may designate that the amount be paid into
8.28the account of a political party or into the general account.
8.29 Sec. 5. Minnesota Statutes 2012, section 10A.31, subdivision 4, is amended to read:
8.30 Subd. 4. Appropriation. (a) The amounts designated by individuals for the state
8.31elections campaign
8.32fund, must be transferred and credited to the appropriate account in the state elections
8.33campaign
9.1subdivisions 5, 5a, 6, and 7. The remaining three percent must be kept in the general fund
9.2for administrative costs.
9.3(b) In addition to the amounts in paragraph (a), $1,020,000 for each general election
9.4is appropriated from the general fund for transfer to the general account of the state
9.5elections campaign
9.6 Sec. 6. Minnesota Statutes 2012, section 10A.321, subdivision 1, is amended to read:
9.7 Subdivision 1. Calculation and certification of estimates. The commissioner of
9.8revenue must calculate and certify to the board one week before the first day for filing for
9.9office in each election year an estimate of the total amount in the state general account
9.10of the state elections campaign
9.11who qualifies, as provided in section
9.12candidate's party account in the state elections campaign
9.13be based upon the allocations and formulas in section
9.14necessary vote totals provided by the secretary of state to apply the formulas in section
9.16100 percent of the tax returns have been processed.
9.17 Sec. 7. Minnesota Statutes 2012, section 10A.324, subdivision 1, is amended to read:
9.18 Subdivision 1. When return required. A candidate must return all or a portion
9.19of the public subsidy received from the state elections campaign
9.20public subsidy received under section
9.21section
9.22To the extent that the amount of public subsidy received exceeds the aggregate of:
9.23(1) actual expenditures made by the principal campaign committee of the candidate; and
9.24(2) approved expenditures made on behalf of the candidate, the treasurer of the candidate's
9.25principal campaign committee must return an amount equal to the difference to the board.
9.26The cost of postage that was not used during an election cycle and payments that created
9.27credit balances at vendors at the close of an election cycle are not considered expenditures
9.28for purposes of determining the amount to be returned. Expenditures in excess of the
9.29candidate's spending limit do not count in determining aggregate expenditures under
9.30this paragraph.
9.31 Sec. 8. Minnesota Statutes 2012, section 211B.37, is amended to read:
9.32211B.37 COSTS ASSESSED.
10.1Except as otherwise provided in section
10.2administrative law judge shall assess the cost of considering complaints filed under section
10.4question or an election for a statewide or legislative office must be assessed against the
10.5appropriation from the general fund to the general account of the state elections campaign
10.6
10.7ballot question or elective office must be assessed against the county or counties in
10.8which the election is held. Where the election is held in more than one county, the chief
10.9administrative law judge shall apportion the assessment among the counties in proportion
10.10to their respective populations within the election district to which the complaint relates
10.11according to the most recent decennial federal census.
