1.1 A bill for an act
1.2 relating to campaign finance; repealing the public subsidy program; making
1.3 conforming changes; transferring money; amending Minnesota Statutes 2024,
1.4 sections 10A.022, subdivision 3; 10A.15, subdivision 2a; 10A.20, subdivision 15;
1.5 10A.275, subdivision 1; 10A.28, subdivisions 3, 4; 10A.322, subdivision 4; 290.06,
1.6 subdivision 23; repealing Minnesota Statutes 2024, sections 10A.25, subdivisions
1.7 1, 2, 2a, 3, 3a, 5, 10; 10A.255, subdivisions 1, 3; 10A.257; 10A.27, subdivision
1.8 10; 10A.28, subdivision 1; 10A.30; 10A.31, subdivisions 1, 3, 3a, 4, 5, 5a, 6, 6a,
1.9 7, 7a, 7b, 10, 10a, 10b, 11; 10A.315; 10A.321; 10A.322, subdivisions 1, 2; 10A.323;
1.10 10A.324, subdivisions 1, 3; 10A.38.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2024, section 10A.022, subdivision 3, is amended to read:
1.13 Subd. 3.Investigation authority; complaint process.(a) The board may investigate
1.14any alleged or potential violation of this chapter. The board may also investigate an alleged
1.15or potential violation of section 211B.04, 211B.12, or 211B.15 by or related to a candidate,
1.16treasurer, principal campaign committee, political committee, political fund, or party unit,
1.17as those terms are defined in this chapter. The board may only investigate an alleged violation
1.18if the board:
1.19 (1) receives a written complaint alleging a violation;
1.20 (2) discovers a potential violation as a result of an audit conducted by the board; or
1.21 (3) discovers a potential violation as a result of a staff review.
1.22 (b) When the board investigates the allegations made in a written complaint and the
1.23investigation reveals other potential violations that were not included in the complaint, the
1.24board may investigate the potential violations not alleged in the complaint only after making
1Section 1.
REVISOR JFK/EN 25-0544404/22/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 3285
NINETY-FOURTH SESSION
Authored by Dippel05/01/2025
The bill was read for the first time and referred to the Committee on Elections Finance and Government Operations 2.1a determination under paragraph (d) that probable cause exists to believe a violation that
2.2warrants a formal investigation has occurred.
2.3 (c) Upon receipt of a written complaint filed with the board, the board chair or another
2.4board member designated by the chair shall promptly make a determination as to whether
2.5the complaint alleges a prima facie violation. If a determination is made that the complaint
2.6does not allege a prima facie violation, the complaint shall be dismissed without prejudice
2.7and the complainant and the subject of the complaint must be promptly notified of the
2.8reasons the complaint did not allege a prima facie violation. The notice to the subject of the
2.9complaint must include a copy of the complaint. If the complainant files a revised complaint
2.10regarding the same facts and the same subject, the prima facie determination must be
2.11completed by a board member other than the member who made the initial determination
2.12and who does not support the same political party as the member who made the initial
2.13determination. The chair may order that the prima facie determination for any complaint
2.14be made by the full board and must order that the prima facie determination for a complaint
2.15being submitted for the third time be made by the full board.
2.16 (d) If a determination is made that the complaint alleges a prima facie violation, the
2.17board shall, within 60 days of the prima facie determination, make findings and conclusions
2.18as to whether probable cause exists to believe the alleged violation that warrants a formal
2.19investigation has occurred. Any party filing a complaint and any party against whom a
2.20complaint is filed must be given an opportunity to be heard by the board prior to the board's
2.21determination as to whether probable cause exists to believe a violation that warrants a
2.22formal investigation has occurred.
2.23 (e) Upon a determination by the board that probable cause exists to believe a violation
2.24that warrants a formal investigation has occurred, the board must undertake an investigation
2.25under subdivision 2 and must issue an order at the conclusion of the investigation, except
2.26that if the complaint alleges a violation of section 10A.25 or 10A.27, the board must either
2.27enter a conciliation agreement or make public findings and conclusions as to whether a
2.28violation has occurred and must issue an order within 60 days after the probable cause
2.29determination has been made. Prior to making findings and conclusions in an investigation,
2.30the board must offer the subject of the complaint an opportunity to answer the allegations
2.31of the complaint in writing and to appear before the board to address the matter. The deadline
2.32for action on a written complaint, including but not limited to issuance of a probable cause
2.33determination in accordance with paragraph (d), entering into a conciliation agreement, or
2.34issuance of public findings may be extended by majority vote of the board.
2Section 1.
REVISOR JFK/EN 25-0544404/22/25 3.1 Sec. 2. Minnesota Statutes 2024, section 10A.15, subdivision 2a, is amended to read:
3.2 Subd. 2a.Time of receipt.(a) A monetary contribution not made through electronic
3.3means is received for reporting and contribution limit purposes when the contribution is
3.4physically received by the treasurer, the candidate, or a committee, fund, or party unit
3.5worker.
3.6 (b) A contribution delivered through the United States mail is received on the date the
3.7mail is collected from the delivery point by the treasurer or candidate, or by a committee,
3.8fund, or party unit worker.
3.9 (c) A monetary contribution made through electronic means is received on the date that
3.10the contributor makes the contribution to the contribution processor for the following
3.11purposes:
3.12 (1) the registration requirements in section 10A.14;
3.13 (2) the reporting requirements in section 10A.20; and
3.14 (3) the requirements related to contributions during the legislative session in section
3.1510A.273; and.
3.16 (4) the affidavit of contributions requirement in section 10A.323.
3.17 (d) A monetary contribution made through electronic means is received for purposes of
3.18the deposit requirements in subdivision 3 on the date that the treasurer or candidate, or the
3.19committee, fund, or party unit worker has access to the funds under the terms of the
3.20agreement with the contribution processor.
3.21 Sec. 3. Minnesota Statutes 2024, section 10A.20, subdivision 15, is amended to read:
3.22 Subd. 15.Equitable relief.A candidate whose opponent does not timely file the report
3.23due 15 days before the primary, or the report due ten days before the general election, or
3.24the notice required under section 10A.25, subdivision 10, may petition the district court for
3.25immediate equitable relief to enforce the filing requirement. A prevailing party under this
3.26subdivision may be awarded attorney fees and costs by the court.
3.27 Sec. 4. Minnesota Statutes 2024, section 10A.275, subdivision 1, is amended to read:
3.28 Subdivision 1.Exceptions.Notwithstanding other provisions of this chapter, the
3.29following expenditures by a party unit, or two or more party units acting together are not
3.30considered contributions to or expenditures on behalf of a candidate for the purposes of
3Sec. 4.
REVISOR JFK/EN 25-0544404/22/25 4.1section 10A.25 or 10A.27 and must not be allocated to candidates under section 10A.20,
4.2subdivision 3, paragraph (h):
4.3 (1) expenditures on behalf of candidates of that party generally without referring to any
4.4of them specifically in a published, posted, or broadcast advertisement;
4.5 (2) expenditures for the preparation, display, mailing, or other distribution of an official
4.6party sample ballot listing the names of three or more individuals whose names are to appear
4.7on the ballot;
4.8 (3) expenditures for a telephone call, voice mail, text message, multimedia message,
4.9Internet chat message, or email when the communication includes the names of three or
4.10more individuals whose names are to appear on the ballot;
4.11 (4) expenditures for a booth at a community event, county fair, or state fair that benefits
4.12three or more individuals whose names are to appear on the ballot;
4.13 (5) expenditures for a political party fundraising effort on behalf of three or more
4.14candidates; or
4.15 (6) expenditures for party committee staff services that benefit three or more candidates.
4.16 Sec. 5. Minnesota Statutes 2024, section 10A.28, subdivision 3, is amended to read:
4.17 Subd. 3.Conciliation agreement.If the board finds that there is reason to believe that
4.18excess expenditures have been made or excess contributions accepted contrary to subdivision
4.191 or 2, the board must make every effort for a period of at least 14 days after its finding to
4.20correct the matter by informal methods of conference and conciliation and to enter a
4.21conciliation agreement with the person involved. A conciliation agreement under this
4.22subdivision is a matter of public record. Unless violated, a conciliation agreement is a bar
4.23to any civil proceeding under subdivision 4.
4.24 Sec. 6. Minnesota Statutes 2024, section 10A.28, subdivision 4, is amended to read:
4.25 Subd. 4.Civil action.If the board is unable after a reasonable time to correct by informal
4.26methods a matter where there is reason to believe that excess expenditures have been made
4.27or excess contributions accepted contrary to subdivision 1 or 2, the board must make a
4.28public finding in the matter. The board may use section 10A.34 to recover fees and penalties
4.29or to seek an injunction.
4Sec. 6.
REVISOR JFK/EN 25-0544404/22/25 5.1 Sec. 7. Minnesota Statutes 2024, section 10A.322, subdivision 4, is amended to read:
5.2 Subd. 4.Refund receipt forms; penalty.(a) The board must make available to a political
5.3party on request and to any candidate for whom an agreement under this section is effective,
5.4a supply of official refund receipt forms that state in boldface type that:
5.5 (1) a contributor who is given a receipt form is eligible to claim a refund as provided in
5.6section 290.06, subdivision 23; and.
5.7 (2) if the contribution is to a candidate, that the candidate has signed an agreement to
5.8limit campaign expenditures as provided in this section.
5.9The forms must provide duplicate copies of the receipt to be attached to the contributor's
5.10claim.
5.11 (b) The willful issuance of an official refund receipt form or a facsimile of one to any
5.12of the candidate's contributors by a candidate or treasurer of a candidate who did not sign
5.13an agreement under this section is subject to a civil penalty of up to $3,000 imposed by the
5.14board.
5.15 (c) (b) The willful issuance of an official refund receipt form or a facsimile to an
5.16individual not eligible to claim a refund under section 290.06, subdivision 23, is subject to
5.17a civil penalty of up to $3,000 imposed by the board.
5.18 (d) (c) A violation of paragraph (b) or (c) is a misdemeanor.
5.19 Sec. 8. Minnesota Statutes 2024, section 290.06, subdivision 23, is amended to read:
5.20 Subd. 23.Refund of contributions to political parties and candidates.(a) A taxpayer
5.21may claim a refund equal to the amount of the taxpayer's contributions made in the calendar
5.22year to candidates and to a political party. The maximum refund for an individual must not
5.23exceed $75 and for a married couple, filing jointly, must not exceed $150. A refund of a
5.24contribution is allowed only if the taxpayer files a form required by the commissioner and
5.25attaches to the form a copy of an official refund receipt form issued by the candidate or
5.26party and signed by the candidate, the treasurer of the candidate's principal campaign
5.27committee, or the chair or treasurer of the party unit, after the contribution was received.
5.28The receipt forms must be numbered, and the data on the receipt that are not public must
5.29be made available to the campaign finance and public disclosure board upon its request. A
5.30claim must be filed with the commissioner no sooner than January 1 of the calendar year
5.31in which the contribution was made and no later than April 15 of the calendar year following
5.32the calendar year in which the contribution was made. A taxpayer may file only one claim
5.33per calendar year. Amounts paid by the commissioner after June 15 of the calendar year
5Sec. 8.
REVISOR JFK/EN 25-0544404/22/25 6.1following the calendar year in which the contribution was made must include interest at the
6.2rate specified in section 270C.405.
6.3 (b) No refund is allowed under this subdivision for a contribution to a candidate unless
6.4the candidate:
6.5 (1) has signed an agreement to limit campaign expenditures as provided in section
6.610A.322;
6.7 (2) is seeking an office for which voluntary spending limits are specified in section
6.810A.25; and
6.9 (3) has designated a principal campaign committee.
6.10 This subdivision does not limit the campaign expenditures of a candidate who does not
6.11sign an agreement but accepts a contribution for which the contributor improperly claims
6.12a refund.
6.13 (c) For purposes of this subdivision, "political party" means a political party that, by
6.14July 1 of the taxable year, qualifies as either a major political party as defined in section
6.15200.02, subdivision 7, or a minor political party qualifying for inclusion on the income tax
6.16or property tax refund form under section 10A.31, subdivision 3a as defined in section
6.17200.02, subdivision 23.
6.18 A "major party" or "minor party" includes the aggregate of that party's organization
6.19within each house of the legislature, the state party organization, and the party organization
6.20within congressional districts, counties, legislative districts, municipalities, and precincts.
6.21 "Candidate" means a candidate as defined in section 10A.01, subdivision 10, except a
6.22candidate for judicial office.
6.23 "Contribution" means a gift of money.
6.24 (d) The commissioner shall make copies of the form available to the public and candidates
6.25upon request.
6.26 (e) The following data collected or maintained by the commissioner under this subdivision
6.27are private: the identities of individuals claiming a refund, the identities of candidates to
6.28whom those individuals have made contributions, and the amount of each contribution.
6.29 (f) The commissioner shall report to the campaign finance and public disclosure board
6.30by each August 1 a summary showing the total number and aggregate amount of political
6.31contribution refunds made on behalf of each candidate and each political party. These data
6.32are public.
6Sec. 8.
REVISOR JFK/EN 25-0544404/22/25 7.1 (g) The amount necessary to pay claims for the refund provided in this section is
7.2appropriated from the general fund to the commissioner of revenue.
7.3 (h) For a taxpayer who files a claim for refund via the Internet or other electronic means,
7.4the commissioner may accept the number on the official receipt as documentation that a
7.5contribution was made rather than the actual receipt as required by paragraph (a).
7.6 Sec. 9. TRANSFERS; STATE ELECTIONS CAMPAIGN ACCOUNT BALANCES.
7.7 Any balances remaining in the state elections campaign account, including each political
7.8party account and the general account, and in the state special elections campaign account
7.9on the effective date of this act are transferred to the general fund.
7.10 Sec. 10. REPEALER.
7.11 Minnesota Statutes 2024, sections 10A.25, subdivisions 1, 2, 2a, 3, 3a, 5, and 10;
7.1210A.255, subdivisions 1 and 3; 10A.257; 10A.27, subdivision 10; 10A.28, subdivision 1;
7.1310A.30; 10A.31, subdivisions 1, 3, 3a, 4, 5, 5a, 6, 6a, 7, 7a, 7b, 10, 10a, 10b, and 11;
7.1410A.315; 10A.321; 10A.322, subdivisions 1 and 2; 10A.323; 10A.324, subdivisions 1 and
7.153; and 10A.38, are repealed.
7.16 Sec. 11. EFFECTIVE DATE.
7.17 This act is effective July 1, 2025.
7Sec. 11.
REVISOR JFK/EN 25-0544404/22/25 10A.25 SPENDING LIMITS.
Subdivision 1.Limits are voluntary.The expenditure limits imposed by this section apply
only to a candidate who has signed an agreement under section 10A.322 to be bound by them as a
condition of receiving a public subsidy for the candidate's campaign.
Subd. 2.Amounts.(a) In a segment of an election cycle, the principal campaign committee of
the candidate must not make campaign expenditures nor permit approved expenditures to be made
on behalf of the candidate that result in aggregate expenditures in excess of the following:
(1) for governor and lieutenant governor, running together, $4,232,700 in the election segment
and $1,697,400 in the nonelection segment;
(2) for attorney general, $725,800 in the election segment and $226,400 in the nonelection
segment;
(3) for secretary of state and state auditor, separately, $483,900 in the election segment and
$113,300 in the nonelection segment;
(4) for state senator, $109,100 in the election segment and $32,800 in a nonelection segment;
(5) for state representative, $80,300 in the election segment.
(b) In addition to the amount in paragraph (a), clause (1), a candidate for endorsement for the
office of lieutenant governor at the convention of a political party may make campaign expenditures
and approved expenditures of five percent of that amount to seek endorsement.
(c) If a special election cycle occurs during a general election cycle, expenditures by or on
behalf of a candidate in the special election do not count as expenditures by or on behalf of the
candidate in the general election.
(d) The expenditure limits in this subdivision for an office are increased by ten percent for a
candidate who has not previously held the same office, whose name has not previously been on the
primary or general election ballot for that office, and who has not in the past ten years raised or
spent more than $750 in a run for any other office whose territory now includes a population that
is more than one-third of the population in the territory of the new office. Candidates who qualify
for first-time candidate status receive a ten percent increase in the campaign expenditure limit in
all segments of the applicable election cycle. In the case of a legislative candidate, the office is that
of a member of the house of representatives or senate without regard to any specific district.
Subd. 2a.Aggregated expenditures.If a candidate makes expenditures from more than one
principal campaign committee for nomination or election to statewide office in the same segment
of an election cycle, the amount of expenditures from all of the candidate's principal campaign
committees for statewide office for that segment of the election cycle must be aggregated for
purposes of applying the limits on expenditures under subdivision 2.
Subd. 3.Governor and lieutenant governor a single candidate.For the purposes of this
chapter, a candidate for governor and a candidate for lieutenant governor, running together, are
considered a single candidate. Except as provided in subdivision 2, paragraph (b), all expenditures
made by or all approved expenditures made on behalf of the candidate for lieutenant governor are
considered to be expenditures by or approved expenditures on behalf of the candidate for governor.
Subd. 3a.Independent expenditures and electioneering communications.The principal
campaign committee of a candidate must not make independent expenditures or disbursements for
electioneering communications. If the principal campaign committee of a candidate makes a
contribution to an independent expenditure committee or independent expenditure fund on or after
January 1 of the year the candidate's office will appear on the ballot, the independent expenditure
committee or independent expenditure fund must not make an independent expenditure for that
candidate.
Subd. 5.Contested primary races.Notwithstanding the limits imposed by subdivision 2, the
winning candidate in a contested race in a primary who received fewer than twice as many votes
as any one of the candidate's opponents in that primary may make expenditures and permit approved
expenditures to be made on behalf of the candidate equal to 120 percent of the applicable limit as
set forth in subdivision 2, but no more than 100 percent of the limit until after the primary.
Subd. 10.Effect of opponent's conduct.(a) After the deadline for filing a spending limit
agreement under section 10A.322, a candidate who has agreed to be bound by the expenditure limits
imposed by this section as a condition of receiving a public subsidy for the candidate's campaign
1R
APPENDIX
Repealed Minnesota Statutes: 25-05444 may choose to be released from the expenditure limits but remain eligible to receive a public subsidy
if the candidate has an opponent who has not agreed to be bound by the limits and has received
contributions or made or become obligated to make expenditures during that election cycle in excess
of the following limits:
(1) up to the close of the reporting period before the primary election, receipts or expenditures
equal to 20 percent of the election segment expenditure limit for that office as set forth in subdivision
2; or
(2) after the close of the reporting period before the primary election, cumulative receipts or
expenditures during that election cycle equal to 50 percent of the election cycle expenditure limit
for that office as set forth in subdivision 2.
Before the primary election, a candidate's "opponents" are only those who will appear on the
ballot of the same party in the primary election.
(b) A candidate who has not agreed to be bound by expenditure limits, or the candidate's principal
campaign committee, must file written notice with the board and provide written notice to any
opponent of the candidate for the same office within 24 hours of exceeding the limits in paragraph
(a). The notice must state only that the candidate or candidate's principal campaign committee has
received contributions or made or become obligated to make campaign expenditures in excess of
the limits in paragraph (a).
(c) Upon receipt of the notice, a candidate who had agreed to be bound by the limits may file
with the board a notice that the candidate chooses to be no longer bound by the expenditure limits.
A notice of a candidate's choice not to be bound by the expenditure limits that is based on the
conduct of an opponent in the state primary election may not be filed more than one day after the
State Canvassing Board has declared the results of the state primary.
(d) A candidate who has agreed to be bound by the expenditure limits imposed by this section
and whose opponent in the general election has chosen, as provided in paragraph (c), not to be
bound by the expenditure limits because of the conduct of an opponent in the primary election is
no longer bound by the limits but remains eligible to receive a public subsidy.
10A.255 ADJUSTMENT BY CONSUMER PRICE INDEX.
Subdivision 1.Method of calculation.The dollar amounts in section 10A.25, subdivision 2,
must be adjusted for general election years as provided in this section. Each general election year,
the executive director of the board must determine the percentage increase in the Consumer Price
Index from December of the year preceding the last general election year to December of the year
preceding the year in which the determination is made. The dollar amounts used for the preceding
general election year must be multiplied by that percentage. The product of the calculation must
be added to each dollar amount to produce the dollar limitations to be in effect for the next general
election. The product must be rounded up to the next highest $100 increment. The index used must
be the revised Consumer Price Index for all urban consumers for the St. Paul-Minneapolis
metropolitan area prepared by the United States Department of Labor.
Subd. 3.Publication of expenditure limit.By April 15 of each election year the board must
publish on its website the expenditure limit for each office for that calendar year under section
10A.25 as adjusted by this section. The revisor of statutes must code the adjusted amounts in the
next edition of Minnesota Statutes, section 10A.25, subdivision 2.
10A.257 CARRYFORWARD.
Subdivision 1.Unused funds.After all campaign expenditures and noncampaign disbursements
for an election cycle have been made, an amount up to 25 percent of the election cycle expenditure
limit for the office may be carried forward. Any remaining amount up to the total amount of the
public subsidy from the state elections campaign fund must be returned to the state treasury for
credit to the general fund under section 10A.324. Any remaining amount in excess of the total
public subsidy must be contributed to the state elections campaign account or a political party for
multicandidate expenditures as defined in section 10A.275.
Subd. 2.Unused postage and credit balances carried forward.Postage that is purchased but
not used during an election cycle and credit balances at vendors that exceed a combined total of
$500 must be carried forward and counted as expenditures during the election cycle during which
they are used.
2R
APPENDIX
Repealed Minnesota Statutes: 25-05444 10A.27 CONTRIBUTION LIMITS.
Subd. 10.Limited personal contributions.A candidate who signs an agreement under section
10A.322 may not contribute to the candidate's own campaign during a segment of an election cycle
more than five times the candidate's contribution limit for that segment under subdivision 1.
10A.28 PENALTY FOR EXCEEDING LIMITS.
Subdivision 1.Exceeding expenditure limits.A candidate subject to the expenditure limits in
section 10A.25 who permits the candidate's principal campaign committee to make expenditures
or permits approved expenditures to be made on the candidate's behalf in excess of the limits
imposed by section 10A.25, as adjusted by section 10A.255, is subject to a civil penalty up to four
times the amount by which the expenditures exceeded the limit.
10A.30 STATE ELECTIONS CAMPAIGN ACCOUNT.
Subdivision 1.Establishment.An account is established in the special revenue fund of the state
known as the "state elections campaign account."
Subd. 2.Separate account.Within the state elections campaign account there must be maintained
a separate political party account for the state committee and the candidates of each political party
and a general account.
Subd. 3.Special elections account.An account is established in the special revenue fund of
the state known as the "state special elections campaign account."
10A.31 DESIGNATION OF INCOME TAX PAYMENTS.
Subdivision 1.Designation.An individual resident of this state who files an income tax return
or a renter and homeowner property tax refund return with the commissioner of revenue may
designate on their original return that $5 be paid from the general fund of the state into the state
elections campaign account. If spouses file a joint return, each spouse may designate that $5 be
paid. No individual is allowed to designate $5 more than once in any year. The taxpayer may
designate that the amount be paid into the account of a political party or into the general account.
Subd. 3.Form.The commissioner of revenue must provide on the first page of the income tax
form and the renter and homeowner property tax refund return a space for the individual to indicate
a wish to pay $5 ($10 if filing a joint return) from the general fund of the state to finance election
campaigns. The form must also contain language prepared by the commissioner that permits the
individual to direct the state to pay the $5 (or $10 if filing a joint return) to: (1) one of the major
political parties; (2) any minor political party that qualifies under subdivision 3a; or (3) all qualifying
candidates as provided by subdivision 7. The renter and homeowner property tax refund return
must include instructions that the individual filing the return may designate $5 on the return only
if the individual has not designated $5 on the income tax return.
Subd. 3a.Qualification of political parties.(a) A major political party qualifies for inclusion
on the income tax form and property tax refund return as provided in subdivision 3 if it qualifies
as a major political party by July 1 of the taxable year.
(b) A minor political party qualifies for inclusion on the income tax form and property tax refund
return as provided in subdivision 3 if it qualifies as a minor party statewide by July 1 of the taxable
year.
(c) The secretary of state shall notify each major and minor political party by the first Monday
in January of each odd-numbered year of the conditions necessary for the party to participate in
income tax form and property tax refund return programs.
(d) The secretary of state shall notify each political party, the commissioner of revenue, and the
Campaign Finance and Public Disclosure Board by July 1 of each year and following certification
of the results of each general election of the political parties that qualify for inclusion on the income
tax form and property tax refund return as provided in subdivision 3.
Subd. 4.Appropriation.(a) The amounts designated by individuals for the state elections
campaign account, less three percent, are appropriated from the general fund, must be transferred
and credited to the appropriate account in the state elections campaign account, and are annually
appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7. The remaining three percent
must be kept in the general fund for administrative costs.
3R
APPENDIX
Repealed Minnesota Statutes: 25-05444 (b) In addition to the amounts in paragraph (a), $2,432,000 for each general election is
appropriated from the general fund for transfer to the general account of the state elections campaign
account.
Subd. 5.Allocation.(a) General account. In each calendar year the money in the general
account must be allocated to candidates as follows:
(1) 21 percent for the offices of governor and lieutenant governor together;
(2) 4.2 percent for the office of attorney general;
(3) 2.4 percent each for the offices of secretary of state and state auditor;
(4) in each calendar year during the period in which state senators serve a four-year term, 23-1/3
percent for the office of state senator, and 46-2/3 percent for the office of state representative; and
(5) in each calendar year during the period in which state senators serve a two-year term, 35
percent each for the offices of state senator and state representative.
(b) Party account. In each calendar year the money in each party account must be allocated as
follows:
(1) 14 percent for the offices of governor and lieutenant governor together;
(2) 2.8 percent for the office of attorney general;
(3) 1.6 percent each for the offices of secretary of state and state auditor;
(4) in each calendar year during the period in which state senators serve a four-year term, 23-1/3
percent for the office of state senator, and 46-2/3 percent for the office of state representative;
(5) in each calendar year during the period in which state senators serve a two-year term, 35
percent each for the offices of state senator and state representative; and
(6) ten percent or $50,000, whichever is less, for the state committee of a political party; one-third
of any amount in excess of that allocated to the state committee of a political party under this clause
must be allocated to the office of state senator and two-thirds must be allocated to the office of state
representative under clause (4).
Money allocated to each state committee under clause (6) must be deposited in a separate account
and must be spent for only those items enumerated in section 10A.275. Money allocated to a state
committee under clause (6) must be paid to the committee by the board as it is received in the
account on a monthly basis, with payment on the 15th day of the calendar month following the
month in which the returns were processed by the Department of Revenue, provided that these
distributions would be equal to 90 percent of the amount of money indicated in the Department of
Revenue's weekly unedited reports of income tax returns and property tax refund returns processed
in the month, as notified by the Department of Revenue to the board. The amounts paid to each
state committee are subject to biennial adjustment and settlement at the time of each certification
required of the commissioner of revenue under subdivisions 7 and 10. If the total amount of payments
received by a state committee for the period reflected on a certification by the Department of
Revenue is different from the amount that should have been received during the period according
to the certification, each subsequent monthly payment must be increased or decreased to the fullest
extent possible until the amount of the overpayment is recovered or the underpayment is distributed.
Subd. 5a.Party account for legislative candidates.To ensure that money will be returned to
the counties from which it was collected and to ensure that the distribution of money rationally
relates to the support for particular parties or for particular candidates within legislative districts,
money from the party accounts for legislative candidates must be distributed as provided in this
subdivision.
Each candidate for the state senate and state house of representatives whose name is to appear
on the ballot in the general election must receive money from the candidate's party account allocated
to candidates for the state senate or state house of representatives, whichever applies, according to
the following formula:
For each county within the candidate's district, the candidate's share of the dollars designated
by taxpayers who resided in that county and credited to the candidate's party account and allocated
to that office must be:
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Repealed Minnesota Statutes: 25-05444 (1) the sum of the votes cast in the last general election in that part of the county in the candidate's
district for all candidates of that candidate's party whose names appeared on the ballot statewide
and for the state senate and state house of representatives, divided by
(2) the sum of the votes cast in the entire county in the last general election for all candidates
of that candidate's party whose names appeared on the ballot statewide and for the state senate and
state house of representatives, multiplied by
(3) the amount in the candidate's party account designated by taxpayers who resided in that
county and allocated to that office.
The sum of all the county shares calculated in the formula above is the candidate's share of the
candidate's party account.
In a year in which an election for the state senate occurs, with respect to votes for candidates
for the state senate only, "last general election" means the last general election in which an election
for the state senate occurred.
For a party under whose name no candidate's name appeared on the ballot statewide in the last
general election, amounts in the party's account must be allocated based on (i) the number of people
voting in the last general election in that part of the county in the candidate's district, divided by
(ii) the number of the people voting in the entire county in the last general election, multiplied by
(iii) the amount in the candidate's party account designated by taxpayers who resided in that county
and allocated to that office.
In the first general election after the legislature is redistricted, "the candidate's district" means
the newly drawn district and voting data from the last general election must be applied to the area
encompassing the newly drawn district, notwithstanding that the area was in a different district in
the last general election.
If in a district there was no candidate of a party for the state senate or state house of
representatives in the last general election, or if a candidate for the state senate or state house of
representatives was unopposed, the vote for that office for that party is the average vote of all the
remaining candidates of that party in each county of that district whose votes are included in the
sums in clauses (1) and (2). The average vote must be added to the sums in clauses (1) and (2)
before the calculation is made for all districts in the county.
Subd. 6.Distribution of party accounts.As soon as the board has obtained from the secretary
of state the results of the primary election, but no later than one week after certification by the State
Canvassing Board of the results of the primary, the board must distribute the available money in
each party account, as certified by the commissioner of revenue one week before the state primary,
to the candidates of that party who have signed a spending limit agreement under section 10A.322
and filed the affidavit of contributions required by section 10A.323, who were opposed in either
the primary election or the general election, and whose names are to appear on the ballot in the
general election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy
from the party account may not be paid in an amount greater than the expenditure limit of the
candidate or the expenditure limit that would have applied to the candidate if the candidate had not
been freed from expenditure limits under section 10A.25, subdivision 10.
Subd. 6a.Party account money not distributed.Money from a party account not distributed
to candidates for state senator or representative in any election year must be returned to the general
fund of the state, except that the subsidy from the party account an unopposed candidate would
otherwise have been eligible to receive must be paid to the state committee of the candidate's political
party to be deposited in a special account under subdivision 5, paragraph (b), clause (6), and used
for only those items permitted under section 10A.275. Money from a party account not distributed
to candidates for other offices in an election year must be returned to the party account for
reallocation to candidates as provided in subdivision 5, paragraph (b), in the following year.
Subd. 7.Distribution of general account.(a) As soon as the board has obtained the results of
the primary election from the secretary of state, but no later than one week after certification of the
primary results by the State Canvassing Board, the board must distribute the available money in
the general account, as certified by the commissioner of revenue one week before the state primary
and according to allocations set forth in subdivision 5, in equal amounts to all candidates of a major
political party whose names are to appear on the ballot in the general election and who:
(1) have signed a spending limit agreement under section 10A.322;
(2) have filed the affidavit of contributions required by section 10A.323; and
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Repealed Minnesota Statutes: 25-05444 (3) were opposed in either the primary election or the general election.
(b) The public subsidy under this subdivision may not be paid in an amount that would cause
the sum of the public subsidy paid from the party account plus the public subsidy paid from the
general account to exceed 50 percent of the expenditure limit for the candidate or 50 percent of the
expenditure limit that would have applied to the candidate if the candidate had not been freed from
expenditure limits under section 10A.25, subdivision 10. Money from the general account not paid
to a candidate because of the 50 percent limit must be distributed equally among all other qualifying
candidates for the same office until all have reached the 50 percent limit or the balance in the general
account is exhausted.
Subd. 7a.Withholding of public subsidy.If a candidate who is eligible for payment of public
subsidy under this section has not filed the report of receipts and expenditures required under section
10A.20 before a primary election, any public subsidy for which that candidate is eligible must be
withheld by the board until the candidate complies with the filing requirements of section 10A.20
and the board has sufficient time to review or audit the report. If a candidate who is eligible for
public subsidy does not file the report due before the primary election under section 10A.20 by the
date that the report of receipts and expenditures filed before the general election is due, that candidate
shall not be paid public subsidy for that election.
Subd. 7b.Failure to repay.A candidate who fails to repay money required by the agreement
cannot be paid additional public subsidy funds during the current or future election cycles until the
entirety of the unexpended funds and any associated collection fees are either repaid to the board
or discharged by court action.
Subd. 10.December distribution.In the event that on the date of either certification by the
commissioner of revenue as provided in subdivision 6 or 7, less than 98 percent of the tax returns
have been processed, the commissioner of revenue must certify to the board by December 1 the
amount accumulated in each account since the previous certification. By December 15, the board
must distribute to each candidate according to the allocations in subdivisions 5 and 5a the amounts
to which the candidates are entitled.
Subd. 10a.Form of distribution.A distribution to a candidate must be in the form of a check
made "payable to the campaign fund of ......(name of candidate)......."
Subd. 10b.Remainder.Money accumulated after the final certification must be kept in the
respective accounts for distribution in the next general election year.
Subd. 11.Write-in candidate.For the purposes of this section, a write-in candidate is a candidate
only upon complying with sections 10A.322 and 10A.323.
10A.315 SPECIAL ELECTION SUBSIDY.
(a) Each eligible candidate for a legislative office in a special election must be paid a public
subsidy equal to the sum of:
(1) the party account money at the last general election for the candidate's party for the office
the candidate is seeking; and
(2) the general account money paid to a candidate for the same office at the last general election.
(b) A candidate who wishes to receive this public subsidy must submit a signed agreement
under section 10A.322 to the board and must meet the contribution requirements of section 10A.323.
The special election subsidy must be distributed in the same manner as money in the party and
general accounts is distributed to legislative candidates in a general election.
(c) The amount necessary to make the payments required by this section is appropriated from
the general fund for transfer to the state special elections campaign account for distribution by the
board as set forth in this section.
10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.
Subdivision 1.Calculation and certification of estimates.The commissioner of revenue must
calculate and certify to the board one week before the first day for filing for office in each election
year an estimate of the total amount in the state general account of the state elections campaign
account and the amount of money each candidate who qualifies, as provided in section 10A.31,
subdivisions 6 and 7, may receive from the candidate's party account in the state elections campaign
account. This estimate must be based upon the allocations and formulas in section 10A.31,
subdivisions 5 and 5a, any necessary vote totals provided by the secretary of state to apply the
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Repealed Minnesota Statutes: 25-05444 formulas in section 10A.31, subdivisions 5 and 5a, and the amount of money expected to be available
after 100 percent of the tax returns have been processed.
Subd. 2.Publication, certification, and notification procedures.Before the first day of filing
for office, the board must publish and forward to all filing officers the estimates calculated and
certified under subdivision 1 along with a copy of section 10A.25, subdivision 10. Within one week
after the last day for filing for office, the secretary of state must certify to the board the name,
address, office sought, and party affiliation of each candidate who has filed with that office an
affidavit of candidacy or petition to appear on the ballot. The auditor of each county must certify
to the board the same information for each candidate who has filed with that county an affidavit of
candidacy or petition to appear on the ballot. Within two weeks after the last day for filing for
office, the board must notify all candidates of their estimated minimum amount. The board must
include with the notice a form for the agreement provided in section 10A.322 along with a copy of
section 10A.25, subdivision 10.
10A.322 SPENDING LIMIT AGREEMENTS.
Subdivision 1.Agreement by candidate.(a) As a condition of receiving a public subsidy, a
candidate must sign and file with the board a written agreement in which the candidate agrees that
the candidate will comply with sections 10A.25; 10A.27, subdivision 10; 10A.324; and 10A.38.
(b) Before the first day of filing for office, the board must forward agreement forms to all filing
officers. The board must also provide agreement forms to candidates on request at any time. The
candidate must file the agreement with the board at least three weeks before the candidate's state
primary. An agreement may not be filed after that date. An agreement once filed may not be
rescinded.
(c) The board must notify the commissioner of revenue of any agreement signed under this
subdivision.
(d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means of a special
election and the filing period does not coincide with the filing period for the general election, a
candidate may sign and submit a spending limit agreement not later than the day after the close of
the filing period for the special election for which the candidate filed.
(e) Notwithstanding paragraphs (b) and (d), if a vacancy occurs that will be filled by means of
a special election called under section 204B.13, subdivision 2, paragraph (c), a candidate may sign
and submit a spending limit agreement not later than eight calendar days after the general election.
Subd. 2.How long agreement is effective.The agreement, insofar as it relates to the expenditure
limits in section 10A.25, as adjusted by section 10A.255, and the contribution limit in section
10A.27, subdivision 10, remains effective for candidates until the dissolution of the principal
campaign committee of the candidate or the end of the first election cycle completed after the
agreement was filed, whichever occurs first.
10A.323 AFFIDAVIT OF CONTRIBUTIONS.
(a) In addition to the requirements of section 10A.322, to be eligible to receive a public subsidy
under section 10A.31 a candidate or the candidate's treasurer must:
(1) between January 1 of the previous year and the cutoff date for transactions included in the
report of receipts and expenditures due before the primary election, accumulate contributions from
individuals eligible to vote in this state in at least the amount indicated for the office sought, counting
only the first $50 received from each contributor, excluding in-kind contributions:
(i) candidates for governor and lieutenant governor running together, $35,000;
(ii) candidates for attorney general, $15,000;
(iii) candidates for secretary of state and state auditor, separately, $6,000;
(iv) candidates for the senate, $3,000; and
(v) candidates for the house of representatives, $1,500;
(2) file an affidavit with the board stating that the principal campaign committee has complied
with this paragraph. The affidavit must state the total amount of contributions that have been received
from individuals eligible to vote in this state, excluding:
(i) the portion of any contribution in excess of $50;
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Repealed Minnesota Statutes: 25-05444 (ii) any in-kind contribution; and
(iii) any contribution for which the name and address of the contributor is not known and
recorded; and
(3) submit the affidavit required by this section to the board in writing by the deadline for
reporting of receipts and expenditures before a primary under section 10A.20, subdivision 2.
(b) A candidate for a vacancy to be filled at a special election for which the filing period does
not coincide with the filing period for the general election must accumulate the contributions
specified in paragraph (a) and must submit the affidavit required by this section to the board within
five days after the close of the filing period for the special election for which the candidate filed.
(c) Notwithstanding paragraphs (a) and (b), a candidate for a vacancy to be filled at a special
election called under section 204B.13, subdivision 2, paragraph (c), must accumulate the
contributions specified in paragraph (a) and must submit the affidavit required by this section to
the board within 12 calendar days after the general election.
(d) A candidate or the candidate's treasurer must be able to electronically file the affidavit
required under this section in the same manner as other reports required by this chapter. The board
must not require the candidate or candidate's treasurer to notarize the affidavit of contribution.
10A.324 RETURN OF PUBLIC SUBSIDY.
Subdivision 1.When return required.A candidate must return all or a portion of the public
subsidy received from the state elections campaign account or the public subsidy received under
section 10A.315, under the circumstances in this section or section 10A.257, subdivision 1.
To the extent that the amount of public subsidy received exceeds the aggregate of: (1) actual
expenditures made by the principal campaign committee of the candidate; and (2) approved
expenditures made on behalf of the candidate, the treasurer of the candidate's principal campaign
committee must return an amount equal to the difference to the board. The cost of postage that was
not used during an election cycle and payments that created credit balances at vendors at the close
of an election cycle are not considered expenditures for purposes of determining the amount to be
returned. Expenditures in excess of the candidate's spending limit do not count in determining
aggregate expenditures under this paragraph.
Subd. 3.How return determined.Whether or not a candidate is required under subdivision 1
to return all or a portion of the public subsidy must be determined from the report required to be
filed with the board by that candidate by January 31 of the year following an election. An amount
required to be returned must be submitted in the form of a check or money order and must accompany
the report filed with the board. The board must deposit the check or money order in the state treasury
for credit to the general fund. The amount returned must not exceed the amount of public subsidy
received by the candidate.
10A.38 CAPTIONING OF CAMPAIGN ADVERTISEMENTS.
(a) This section applies to a campaign advertisement by a candidate who is governed by an
agreement under section 10A.322.
(b) "Campaign advertisement" means a professionally produced visual or audio recording of
two minutes or less produced by the candidate for the purpose of influencing the nomination or
election of a candidate.
(c) A campaign advertisement that is disseminated as an advertisement by broadcast or cable
television must include closed captioning for deaf and hard-of-hearing viewers, unless the candidate
has filed with the board before the advertisement is disseminated a statement setting forth the reasons
for not doing so. A campaign advertisement that is disseminated as an advertisement to the public
on the candidate's website must include closed captioning for deaf and hard-of-hearing viewers,
unless the candidate has posted on the website a transcript of the spoken content of the advertisement
or the candidate has filed with the board before the advertisement is disseminated a statement setting
forth the reasons for not doing so. A campaign advertisement must not be disseminated as an
advertisement by radio unless the candidate has posted on the candidate's website a transcript of
the spoken content of the advertisement or the candidate has filed with the board before the
advertisement is disseminated a statement setting forth the reasons for not doing so.
(d) A candidate who fails to comply with the requirements of paragraph (c) is subject to a civil
penalty imposed by the board of up to $1,000.
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Repealed Minnesota Statutes: 25-05444