Bill Text: MN SF518 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Campaign finance and public disclosure board financing from state elections campaign fund; unfair campaign practice complaints assessed against state elections campaign fund
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-02-28 - Referred to Local Government and Elections [SF518 Detail]
Download: Minnesota-2011-SF518-Introduced.html
1.2relating to elections; financing operations of Campaign Finance and Public
1.3Disclosure Board from state elections campaign fund; requiring costs of unfair
1.4campaign practice complaints to be assessed against state elections campaign
1.5fund;amending Minnesota Statutes 2010, sections 10A.31, subdivisions 3, 4,
1.67; 211B.37.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 10A.31, subdivision 3, is amended to read:
1.9 Subd. 3. Form. The commissioner of revenue must provide on the first page of the
1.10income tax form and the renter and homeowner property tax refund return a space for the
1.11individual to indicate a wish to pay $5 ($10 if filing a joint return) from the general fund
1.12of the state to finance: (1) election campaigns; and (2) the operations of the Campaign
1.13Finance and Public Disclosure Board. The form must also contain language prepared by
1.14the commissioner that permits the individual to direct the state to pay the $5 (or $10 if
1.15filing a joint return) to: (1) one of the major political parties; (2) any minor political
1.16party that qualifies under subdivision 3a; or (3) all qualifying candidates as provided
1.17by subdivision 7. The renter and homeowner property tax refund return must include
1.18instructions that the individual filing the return may designate $5 on the return only if the
1.19individual has not designated $5 on the income tax return.
1.20 Sec. 2. Minnesota Statutes 2010, section 10A.31, subdivision 4, is amended to read:
1.21 Subd. 4. Appropriation. (a) The amounts designated by individuals for the state
1.22elections campaign fund, less three percent, are appropriated from the general fund,. Each
1.23July, $725,000 is appropriated to the Campaign Finance and Public Disclosure Board to
1.24be used for its operations. The remaining amount must be transferred and credited to the
2.1appropriate account in the state elections campaign fund, and are annually appropriated
2.2for distribution as set forth in subdivisions 5, 5a, 6, and 7. The remaining three percent
2.3must be kept in the general fund for administrative costs.
2.4(b) In addition to the amounts in paragraph (a), $1,020,000 for each general election
2.5is appropriated from the general fund for transfer to the general account of the state
2.6elections campaign fund.
2.7 Sec. 3. Minnesota Statutes 2010, section 10A.31, subdivision 7, is amended to read:
2.8 Subd. 7. Distribution of general account. (a) Following the appropriation to
2.9the Campaign Finance and Public Disclosure Board under subdivision 4, as soon as the
2.10board has obtained the results of the primary election from the secretary of state, but no
2.11later than one week after certification of the primary results by the State Canvassing
2.12Board, the board must distribute the available money in the general account, as certified
2.13by the commissioner of revenue on September 1 and according to allocations set forth in
2.14subdivision 5, in equal amounts to all candidates of a major political party whose names
2.15are to appear on the ballot in the general election and who:
2.16(1) have signed a spending limit agreement under section10A.322 ;
2.17(2) have filed the affidavit of contributions required by section10A.323 ; and
2.18(3) were opposed in either the primary election or the general election.
2.19(b) The public subsidy under this subdivision may not be paid in an amount that
2.20would cause the sum of the public subsidy paid from the party account plus the public
2.21subsidy paid from the general account to exceed 50 percent of the expenditure limit for the
2.22candidate or 50 percent of the expenditure limit that would have applied to the candidate if
2.23the candidate had not been freed from expenditure limits under section10A.25, subdivision
2.2410 . Money from the general account not paid to a candidate because of the 50 percent limit
2.25must be distributed equally among all other qualifying candidates for the same office until
2.26all have reached the 50 percent limit or the balance in the general account is exhausted.
2.27(c) A candidate must expend or become obligated to expend at least an amount equal
2.28to 50 percent of the money distributed by the board under this subdivision no later than the
2.29end of the final reporting period preceding the general election. Otherwise, the candidate
2.30must repay to the board the difference between the amount the candidate spent or became
2.31obligated to spend by the deadline and the amount distributed to the candidate under this
2.32subdivision. The candidate must make the repayment no later than six months following
2.33the general election. The candidate must reimburse the board for all reasonable costs,
2.34including litigation costs, incurred in collecting any amount due.
3.1If the board determines that a candidate has failed to repay money as required by this
3.2paragraph, the board may not distribute any additional money to the candidate until the
3.3entirety of the repayment has been made.
3.4 Sec. 4. Minnesota Statutes 2010, section 211B.37, is amended to read:
3.5211B.37 COSTS ASSESSED.
3.6Except as otherwise provided in section211B.36, subdivision 3 , the chief
3.7administrative law judge shall assess the cost of considering complaints filed under
3.8section211B.32 as provided in this section. Costs of complaints relating to a statewide
3.9ballot question or an election for a statewide or legislative office must be assessed against
3.10the appropriation from the general fund to the general account of the state elections
3.11campaign fund in section10A.31, subdivision 4 . Costs of complaints relating to any
3.12other ballot question or elective office must be assessed against the county or counties in
3.13which the election is held. Where the election is held in more than one county, the chief
3.14administrative law judge shall apportion the assessment among the counties in proportion
3.15to their respective populations within the election district to which the complaint relates
3.16according to the most recent decennial federal census.
3.17 Sec. 5. EFFECTIVE DATE.
3.18Sections 1 to 4 are effective July 1, 2011.
1.3Disclosure Board from state elections campaign fund; requiring costs of unfair
1.4campaign practice complaints to be assessed against state elections campaign
1.5fund;amending Minnesota Statutes 2010, sections 10A.31, subdivisions 3, 4,
1.67; 211B.37.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 10A.31, subdivision 3, is amended to read:
1.9 Subd. 3. Form. The commissioner of revenue must provide on the first page of the
1.10income tax form and the renter and homeowner property tax refund return a space for the
1.11individual to indicate a wish to pay $5 ($10 if filing a joint return) from the general fund
1.12of the state to finance: (1) election campaigns; and (2) the operations of the Campaign
1.13Finance and Public Disclosure Board. The form must also contain language prepared by
1.14the commissioner that permits the individual to direct the state to pay the $5 (or $10 if
1.15filing a joint return) to: (1) one of the major political parties; (2) any minor political
1.16party that qualifies under subdivision 3a; or (3) all qualifying candidates as provided
1.17by subdivision 7. The renter and homeowner property tax refund return must include
1.18instructions that the individual filing the return may designate $5 on the return only if the
1.19individual has not designated $5 on the income tax return.
1.20 Sec. 2. Minnesota Statutes 2010, section 10A.31, subdivision 4, is amended to read:
1.21 Subd. 4. Appropriation. (a) The amounts designated by individuals for the state
1.22elections campaign fund, less three percent, are appropriated from the general fund
1.23July, $725,000 is appropriated to the Campaign Finance and Public Disclosure Board to
1.24be used for its operations. The remaining amount must be transferred and credited to the
2.1appropriate account in the state elections campaign fund, and are annually appropriated
2.2for distribution as set forth in subdivisions 5, 5a, 6, and 7. The remaining three percent
2.3must be kept in the general fund for administrative costs.
2.4(b) In addition to the amounts in paragraph (a), $1,020,000 for each general election
2.5is appropriated from the general fund for transfer to the general account of the state
2.6elections campaign fund.
2.7 Sec. 3. Minnesota Statutes 2010, section 10A.31, subdivision 7, is amended to read:
2.8 Subd. 7. Distribution of general account. (a) Following the appropriation to
2.9the Campaign Finance and Public Disclosure Board under subdivision 4, as soon as the
2.10board has obtained the results of the primary election from the secretary of state, but no
2.11later than one week after certification of the primary results by the State Canvassing
2.12Board, the board must distribute the available money in the general account, as certified
2.13by the commissioner of revenue on September 1 and according to allocations set forth in
2.14subdivision 5, in equal amounts to all candidates of a major political party whose names
2.15are to appear on the ballot in the general election and who:
2.16(1) have signed a spending limit agreement under section
2.17(2) have filed the affidavit of contributions required by section
2.18(3) were opposed in either the primary election or the general election.
2.19(b) The public subsidy under this subdivision may not be paid in an amount that
2.20would cause the sum of the public subsidy paid from the party account plus the public
2.21subsidy paid from the general account to exceed 50 percent of the expenditure limit for the
2.22candidate or 50 percent of the expenditure limit that would have applied to the candidate if
2.23the candidate had not been freed from expenditure limits under section
2.2410
2.25must be distributed equally among all other qualifying candidates for the same office until
2.26all have reached the 50 percent limit or the balance in the general account is exhausted.
2.27(c) A candidate must expend or become obligated to expend at least an amount equal
2.28to 50 percent of the money distributed by the board under this subdivision no later than the
2.29end of the final reporting period preceding the general election. Otherwise, the candidate
2.30must repay to the board the difference between the amount the candidate spent or became
2.31obligated to spend by the deadline and the amount distributed to the candidate under this
2.32subdivision. The candidate must make the repayment no later than six months following
2.33the general election. The candidate must reimburse the board for all reasonable costs,
2.34including litigation costs, incurred in collecting any amount due.
3.1If the board determines that a candidate has failed to repay money as required by this
3.2paragraph, the board may not distribute any additional money to the candidate until the
3.3entirety of the repayment has been made.
3.4 Sec. 4. Minnesota Statutes 2010, section 211B.37, is amended to read:
3.5211B.37 COSTS ASSESSED.
3.6Except as otherwise provided in section
3.7administrative law judge shall assess the cost of considering complaints filed under
3.8section
3.9
3.10the appropriation from the general fund to the general account of the state elections
3.11campaign fund in section
3.12
3.13
3.14
3.15
3.16
3.17 Sec. 5. EFFECTIVE DATE.
3.18Sections 1 to 4 are effective July 1, 2011.
