Minnesota 2025-2026 Regular Session

Minnesota House Bill HF3285 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to campaign finance; repealing the public subsidy program; making
3	3	1.3 conforming changes; transferring money; amending Minnesota Statutes 2024,
4	4	1.4 sections 10A.022, subdivision 3; 10A.15, subdivision 2a; 10A.20, subdivision 15;
5	5	1.5 10A.275, subdivision 1; 10A.28, subdivisions 3, 4; 10A.322, subdivision 4; 290.06,
6	6	1.6 subdivision 23; repealing Minnesota Statutes 2024, sections 10A.25, subdivisions
7	7	1.7 1, 2, 2a, 3, 3a, 5, 10; 10A.255, subdivisions 1, 3; 10A.257; 10A.27, subdivision
8	8	1.8 10; 10A.28, subdivision 1; 10A.30; 10A.31, subdivisions 1, 3, 3a, 4, 5, 5a, 6, 6a,
9	9	1.9 7, 7a, 7b, 10, 10a, 10b, 11; 10A.315; 10A.321; 10A.322, subdivisions 1, 2; 10A.323;
10	10	1.10 10A.324, subdivisions 1, 3; 10A.38.
11	11	1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
12	12	1.12 Section 1. Minnesota Statutes 2024, section 10A.022, subdivision 3, is amended to read:
13	13	1.13 Subd. 3.Investigation authority; complaint process.(a) The board may investigate
14	14	1.14any alleged or potential violation of this chapter. The board may also investigate an alleged
15	15	1.15or potential violation of section 211B.04, 211B.12, or 211B.15 by or related to a candidate,
16	16	1.16treasurer, principal campaign committee, political committee, political fund, or party unit,
17	17	1.17as those terms are defined in this chapter. The board may only investigate an alleged violation
18	18	1.18if the board:
19	19	1.19 (1) receives a written complaint alleging a violation;
20	20	1.20 (2) discovers a potential violation as a result of an audit conducted by the board; or
21	21	1.21 (3) discovers a potential violation as a result of a staff review.
22	22	1.22 (b) When the board investigates the allegations made in a written complaint and the
23	23	1.23investigation reveals other potential violations that were not included in the complaint, the
24	24	1.24board may investigate the potential violations not alleged in the complaint only after making
25	25	1Section 1.
26	26	REVISOR JFK/EN 25-0544404/22/25
27	27	State of Minnesota
28	28	This Document can be made available
29	29	in alternative formats upon request
30	30	HOUSE OF REPRESENTATIVES
31	31	H. F. No. 3285
32	32	NINETY-FOURTH SESSION
33	33	Authored by Dippel05/01/2025
34	34	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
35	35	2.2warrants a formal investigation has occurred.
36	36	2.3 (c) Upon receipt of a written complaint filed with the board, the board chair or another
37	37	2.4board member designated by the chair shall promptly make a determination as to whether
38	38	2.5the complaint alleges a prima facie violation. If a determination is made that the complaint
39	39	2.6does not allege a prima facie violation, the complaint shall be dismissed without prejudice
40	40	2.7and the complainant and the subject of the complaint must be promptly notified of the
41	41	2.8reasons the complaint did not allege a prima facie violation. The notice to the subject of the
42	42	2.9complaint must include a copy of the complaint. If the complainant files a revised complaint
43	43	2.10regarding the same facts and the same subject, the prima facie determination must be
44	44	2.11completed by a board member other than the member who made the initial determination
45	45	2.12and who does not support the same political party as the member who made the initial
46	46	2.13determination. The chair may order that the prima facie determination for any complaint
47	47	2.14be made by the full board and must order that the prima facie determination for a complaint
48	48	2.15being submitted for the third time be made by the full board.
49	49	2.16 (d) If a determination is made that the complaint alleges a prima facie violation, the
50	50	2.17board shall, within 60 days of the prima facie determination, make findings and conclusions
51	51	2.18as to whether probable cause exists to believe the alleged violation that warrants a formal
52	52	2.19investigation has occurred. Any party filing a complaint and any party against whom a
53	53	2.20complaint is filed must be given an opportunity to be heard by the board prior to the board's
54	54	2.21determination as to whether probable cause exists to believe a violation that warrants a
55	55	2.22formal investigation has occurred.
56	56	2.23 (e) Upon a determination by the board that probable cause exists to believe a violation
57	57	2.24that warrants a formal investigation has occurred, the board must undertake an investigation
58	58	2.25under subdivision 2 and must issue an order at the conclusion of the investigation, except
59	59	2.26that if the complaint alleges a violation of section 10A.25 or 10A.27, the board must either
60	60	2.27enter a conciliation agreement or make public findings and conclusions as to whether a
61	61	2.28violation has occurred and must issue an order within 60 days after the probable cause
62	62	2.29determination has been made. Prior to making findings and conclusions in an investigation,
63	63	2.30the board must offer the subject of the complaint an opportunity to answer the allegations
64	64	2.31of the complaint in writing and to appear before the board to address the matter. The deadline
65	65	2.32for action on a written complaint, including but not limited to issuance of a probable cause
66	66	2.33determination in accordance with paragraph (d), entering into a conciliation agreement, or
67	67	2.34issuance of public findings may be extended by majority vote of the board.
68	68	2Section 1.
69	69	REVISOR JFK/EN 25-0544404/22/25 3.1 Sec. 2. Minnesota Statutes 2024, section 10A.15, subdivision 2a, is amended to read:
70	70	3.2 Subd. 2a.Time of receipt.(a) A monetary contribution not made through electronic
71	71	3.3means is received for reporting and contribution limit purposes when the contribution is
72	72	3.4physically received by the treasurer, the candidate, or a committee, fund, or party unit
73	73	3.5worker.
74	74	3.6 (b) A contribution delivered through the United States mail is received on the date the
75	75	3.7mail is collected from the delivery point by the treasurer or candidate, or by a committee,
76	76	3.8fund, or party unit worker.
77	77	3.9 (c) A monetary contribution made through electronic means is received on the date that
78	78	3.10the contributor makes the contribution to the contribution processor for the following
79	79	3.11purposes:
80	80	3.12 (1) the registration requirements in section 10A.14;
81	81	3.13 (2) the reporting requirements in section 10A.20; and
82	82	3.14 (3) the requirements related to contributions during the legislative session in section
83	83	3.1510A.273; and.
84	84	3.16 (4) the affidavit of contributions requirement in section 10A.323.
85	85	3.17 (d) A monetary contribution made through electronic means is received for purposes of
86	86	3.18the deposit requirements in subdivision 3 on the date that the treasurer or candidate, or the
87	87	3.19committee, fund, or party unit worker has access to the funds under the terms of the
88	88	3.20agreement with the contribution processor.
89	89	3.21 Sec. 3. Minnesota Statutes 2024, section 10A.20, subdivision 15, is amended to read:
90	90	3.22 Subd. 15.Equitable relief.A candidate whose opponent does not timely file the report
91	91	3.23due 15 days before the primary, or the report due ten days before the general election, or
92	92	3.24the notice required under section 10A.25, subdivision 10, may petition the district court for
93	93	3.25immediate equitable relief to enforce the filing requirement. A prevailing party under this
94	94	3.26subdivision may be awarded attorney fees and costs by the court.
95	95	3.27 Sec. 4. Minnesota Statutes 2024, section 10A.275, subdivision 1, is amended to read:
96	96	3.28 Subdivision 1.Exceptions.Notwithstanding other provisions of this chapter, the
97	97	3.29following expenditures by a party unit, or two or more party units acting together are not
98	98	3.30considered contributions to or expenditures on behalf of a candidate for the purposes of
99	99	3Sec. 4.
100	100	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,
101	101	4.2subdivision 3, paragraph (h):
102	102	4.3 (1) expenditures on behalf of candidates of that party generally without referring to any
103	103	4.4of them specifically in a published, posted, or broadcast advertisement;
104	104	4.5 (2) expenditures for the preparation, display, mailing, or other distribution of an official
105	105	4.6party sample ballot listing the names of three or more individuals whose names are to appear
106	106	4.7on the ballot;
107	107	4.8 (3) expenditures for a telephone call, voice mail, text message, multimedia message,
108	108	4.9Internet chat message, or email when the communication includes the names of three or
109	109	4.10more individuals whose names are to appear on the ballot;
110	110	4.11 (4) expenditures for a booth at a community event, county fair, or state fair that benefits
111	111	4.12three or more individuals whose names are to appear on the ballot;
112	112	4.13 (5) expenditures for a political party fundraising effort on behalf of three or more
113	113	4.14candidates; or
114	114	4.15 (6) expenditures for party committee staff services that benefit three or more candidates.
115	115	4.16 Sec. 5. Minnesota Statutes 2024, section 10A.28, subdivision 3, is amended to read:
116	116	4.17 Subd. 3.Conciliation agreement.If the board finds that there is reason to believe that
117	117	4.18excess expenditures have been made or excess contributions accepted contrary to subdivision
118	118	4.191 or 2, the board must make every effort for a period of at least 14 days after its finding to
119	119	4.20correct the matter by informal methods of conference and conciliation and to enter a
120	120	4.21conciliation agreement with the person involved. A conciliation agreement under this
121	121	4.22subdivision is a matter of public record. Unless violated, a conciliation agreement is a bar
122	122	4.23to any civil proceeding under subdivision 4.
123	123	4.24 Sec. 6. Minnesota Statutes 2024, section 10A.28, subdivision 4, is amended to read:
124	124	4.25 Subd. 4.Civil action.If the board is unable after a reasonable time to correct by informal
125	125	4.26methods a matter where there is reason to believe that excess expenditures have been made
126	126	4.27or excess contributions accepted contrary to subdivision 1 or 2, the board must make a
127	127	4.28public finding in the matter. The board may use section 10A.34 to recover fees and penalties
128	128	4.29or to seek an injunction.
129	129	4Sec. 6.
130	130	REVISOR JFK/EN 25-0544404/22/25 5.1 Sec. 7. Minnesota Statutes 2024, section 10A.322, subdivision 4, is amended to read:
131	131	5.2 Subd. 4.Refund receipt forms; penalty.(a) The board must make available to a political
132	132	5.3party on request and to any candidate for whom an agreement under this section is effective,
133	133	5.4a supply of official refund receipt forms that state in boldface type that:
134	134	5.5 (1) a contributor who is given a receipt form is eligible to claim a refund as provided in
135	135	5.6section 290.06, subdivision 23; and.
136	136	5.7 (2) if the contribution is to a candidate, that the candidate has signed an agreement to
137	137	5.8limit campaign expenditures as provided in this section.
138	138	5.9The forms must provide duplicate copies of the receipt to be attached to the contributor's
139	139	5.10claim.
140	140	5.11 (b) The willful issuance of an official refund receipt form or a facsimile of one to any
141	141	5.12of the candidate's contributors by a candidate or treasurer of a candidate who did not sign
142	142	5.13an agreement under this section is subject to a civil penalty of up to $3,000 imposed by the
143	143	5.14board.
144	144	5.15 (c) (b) The willful issuance of an official refund receipt form or a facsimile to an
145	145	5.16individual not eligible to claim a refund under section 290.06, subdivision 23, is subject to
146	146	5.17a civil penalty of up to $3,000 imposed by the board.
147	147	5.18 (d) (c) A violation of paragraph (b) or (c) is a misdemeanor.
148	148	5.19 Sec. 8. Minnesota Statutes 2024, section 290.06, subdivision 23, is amended to read:
149	149	5.20 Subd. 23.Refund of contributions to political parties and candidates.(a) A taxpayer
150	150	5.21may claim a refund equal to the amount of the taxpayer's contributions made in the calendar
151	151	5.22year to candidates and to a political party. The maximum refund for an individual must not
152	152	5.23exceed $75 and for a married couple, filing jointly, must not exceed $150. A refund of a
153	153	5.24contribution is allowed only if the taxpayer files a form required by the commissioner and
154	154	5.25attaches to the form a copy of an official refund receipt form issued by the candidate or
155	155	5.26party and signed by the candidate, the treasurer of the candidate's principal campaign
156	156	5.27committee, or the chair or treasurer of the party unit, after the contribution was received.
157	157	5.28The receipt forms must be numbered, and the data on the receipt that are not public must
158	158	5.29be made available to the campaign finance and public disclosure board upon its request. A
159	159	5.30claim must be filed with the commissioner no sooner than January 1 of the calendar year
160	160	5.31in which the contribution was made and no later than April 15 of the calendar year following
161	161	5.32the calendar year in which the contribution was made. A taxpayer may file only one claim
162	162	5.33per calendar year. Amounts paid by the commissioner after June 15 of the calendar year
163	163	5Sec. 8.
164	164	REVISOR JFK/EN 25-0544404/22/25 6.1following the calendar year in which the contribution was made must include interest at the
165	165	6.2rate specified in section 270C.405.
166	166	6.3 (b) No refund is allowed under this subdivision for a contribution to a candidate unless
167	167	6.4the candidate:
168	168	6.5 (1) has signed an agreement to limit campaign expenditures as provided in section
169	169	6.610A.322;
170	170	6.7 (2) is seeking an office for which voluntary spending limits are specified in section
171	171	6.810A.25; and
172	172	6.9 (3) has designated a principal campaign committee.
173	173	6.10 This subdivision does not limit the campaign expenditures of a candidate who does not
174	174	6.11sign an agreement but accepts a contribution for which the contributor improperly claims
175	175	6.12a refund.
176	176	6.13 (c) For purposes of this subdivision, "political party" means a political party that, by
177	177	6.14July 1 of the taxable year, qualifies as either a major political party as defined in section
178	178	6.15200.02, subdivision 7, or a minor political party qualifying for inclusion on the income tax
179	179	6.16or property tax refund form under section 10A.31, subdivision 3a as defined in section
180	180	6.17200.02, subdivision 23.
181	181	6.18 A "major party" or "minor party" includes the aggregate of that party's organization
182	182	6.19within each house of the legislature, the state party organization, and the party organization
183	183	6.20within congressional districts, counties, legislative districts, municipalities, and precincts.
184	184	6.21 "Candidate" means a candidate as defined in section 10A.01, subdivision 10, except a
185	185	6.22candidate for judicial office.
186	186	6.23 "Contribution" means a gift of money.
187	187	6.24 (d) The commissioner shall make copies of the form available to the public and candidates
188	188	6.25upon request.
189	189	6.26 (e) The following data collected or maintained by the commissioner under this subdivision
190	190	6.27are private: the identities of individuals claiming a refund, the identities of candidates to
191	191	6.28whom those individuals have made contributions, and the amount of each contribution.
192	192	6.29 (f) The commissioner shall report to the campaign finance and public disclosure board
193	193	6.30by each August 1 a summary showing the total number and aggregate amount of political
194	194	6.31contribution refunds made on behalf of each candidate and each political party. These data
195	195	6.32are public.
196	196	6Sec. 8.
197	197	REVISOR JFK/EN 25-0544404/22/25 7.1 (g) The amount necessary to pay claims for the refund provided in this section is
198	198	7.2appropriated from the general fund to the commissioner of revenue.
199	199	7.3 (h) For a taxpayer who files a claim for refund via the Internet or other electronic means,
200	200	7.4the commissioner may accept the number on the official receipt as documentation that a
201	201	7.5contribution was made rather than the actual receipt as required by paragraph (a).
202	202	7.6 Sec. 9. TRANSFERS; STATE ELECTIONS CAMPAIGN ACCOUNT BALANCES.
203	203	7.7 Any balances remaining in the state elections campaign account, including each political
204	204	7.8party account and the general account, and in the state special elections campaign account
205	205	7.9on the effective date of this act are transferred to the general fund.
206	206	7.10 Sec. 10. REPEALER.
207	207	7.11 Minnesota Statutes 2024, sections 10A.25, subdivisions 1, 2, 2a, 3, 3a, 5, and 10;
208	208	7.1210A.255, subdivisions 1 and 3; 10A.257; 10A.27, subdivision 10; 10A.28, subdivision 1;
209	209	7.1310A.30; 10A.31, subdivisions 1, 3, 3a, 4, 5, 5a, 6, 6a, 7, 7a, 7b, 10, 10a, 10b, and 11;
210	210	7.1410A.315; 10A.321; 10A.322, subdivisions 1 and 2; 10A.323; 10A.324, subdivisions 1 and
211	211	7.153; and 10A.38, are repealed.
212	212	7.16 Sec. 11. EFFECTIVE DATE.
213	213	7.17 This act is effective July 1, 2025.
214	214	7Sec. 11.
215	215	REVISOR JFK/EN 25-0544404/22/25 10A.25 SPENDING LIMITS.
216	216	Subdivision 1.Limits are voluntary.The expenditure limits imposed by this section apply
217	217	only to a candidate who has signed an agreement under section 10A.322 to be bound by them as a
218	218	condition of receiving a public subsidy for the candidate's campaign.
219	219	Subd. 2.Amounts.(a) In a segment of an election cycle, the principal campaign committee of
220	220	the candidate must not make campaign expenditures nor permit approved expenditures to be made
221	221	on behalf of the candidate that result in aggregate expenditures in excess of the following:
222	222	(1) for governor and lieutenant governor, running together, $4,232,700 in the election segment
223	223	and $1,697,400 in the nonelection segment;
224	224	(2) for attorney general, $725,800 in the election segment and $226,400 in the nonelection
225	225	segment;
226	226	(3) for secretary of state and state auditor, separately, $483,900 in the election segment and
227	227	$113,300 in the nonelection segment;
228	228	(4) for state senator, $109,100 in the election segment and $32,800 in a nonelection segment;
229	229	(5) for state representative, $80,300 in the election segment.
230	230	(b) In addition to the amount in paragraph (a), clause (1), a candidate for endorsement for the
231	231	office of lieutenant governor at the convention of a political party may make campaign expenditures
232	232	and approved expenditures of five percent of that amount to seek endorsement.
233	233	(c) If a special election cycle occurs during a general election cycle, expenditures by or on
234	234	behalf of a candidate in the special election do not count as expenditures by or on behalf of the
235	235	candidate in the general election.
236	236	(d) The expenditure limits in this subdivision for an office are increased by ten percent for a
237	237	candidate who has not previously held the same office, whose name has not previously been on the
238	238	primary or general election ballot for that office, and who has not in the past ten years raised or
239	239	spent more than $750 in a run for any other office whose territory now includes a population that
240	240	is more than one-third of the population in the territory of the new office. Candidates who qualify
241	241	for first-time candidate status receive a ten percent increase in the campaign expenditure limit in
242	242	all segments of the applicable election cycle. In the case of a legislative candidate, the office is that
243	243	of a member of the house of representatives or senate without regard to any specific district.
244	244	Subd. 2a.Aggregated expenditures.If a candidate makes expenditures from more than one
245	245	principal campaign committee for nomination or election to statewide office in the same segment
246	246	of an election cycle, the amount of expenditures from all of the candidate's principal campaign
247	247	committees for statewide office for that segment of the election cycle must be aggregated for
248	248	purposes of applying the limits on expenditures under subdivision 2.
249	249	Subd. 3.Governor and lieutenant governor a single candidate.For the purposes of this
250	250	chapter, a candidate for governor and a candidate for lieutenant governor, running together, are
251	251	considered a single candidate. Except as provided in subdivision 2, paragraph (b), all expenditures
252	252	made by or all approved expenditures made on behalf of the candidate for lieutenant governor are
253	253	considered to be expenditures by or approved expenditures on behalf of the candidate for governor.
254	254	Subd. 3a.Independent expenditures and electioneering communications.The principal
255	255	campaign committee of a candidate must not make independent expenditures or disbursements for
256	256	electioneering communications. If the principal campaign committee of a candidate makes a
257	257	contribution to an independent expenditure committee or independent expenditure fund on or after
258	258	January 1 of the year the candidate's office will appear on the ballot, the independent expenditure
259	259	committee or independent expenditure fund must not make an independent expenditure for that
260	260	candidate.
261	261	Subd. 5.Contested primary races.Notwithstanding the limits imposed by subdivision 2, the
262	262	winning candidate in a contested race in a primary who received fewer than twice as many votes
263	263	as any one of the candidate's opponents in that primary may make expenditures and permit approved
264	264	expenditures to be made on behalf of the candidate equal to 120 percent of the applicable limit as
265	265	set forth in subdivision 2, but no more than 100 percent of the limit until after the primary.
266	266	Subd. 10.Effect of opponent's conduct.(a) After the deadline for filing a spending limit
267	267	agreement under section 10A.322, a candidate who has agreed to be bound by the expenditure limits
268	268	imposed by this section as a condition of receiving a public subsidy for the candidate's campaign
269	269	1R
270	270	APPENDIX
271	271	Repealed Minnesota Statutes: 25-05444 may choose to be released from the expenditure limits but remain eligible to receive a public subsidy
272	272	if the candidate has an opponent who has not agreed to be bound by the limits and has received
273	273	contributions or made or become obligated to make expenditures during that election cycle in excess
274	274	of the following limits:
275	275	(1) up to the close of the reporting period before the primary election, receipts or expenditures
276	276	equal to 20 percent of the election segment expenditure limit for that office as set forth in subdivision
277	277	2; or
278	278	(2) after the close of the reporting period before the primary election, cumulative receipts or
279	279	expenditures during that election cycle equal to 50 percent of the election cycle expenditure limit
280	280	for that office as set forth in subdivision 2.
281	281	Before the primary election, a candidate's "opponents" are only those who will appear on the
282	282	ballot of the same party in the primary election.
283	283	(b) A candidate who has not agreed to be bound by expenditure limits, or the candidate's principal
284	284	campaign committee, must file written notice with the board and provide written notice to any
285	285	opponent of the candidate for the same office within 24 hours of exceeding the limits in paragraph
286	286	(a). The notice must state only that the candidate or candidate's principal campaign committee has
287	287	received contributions or made or become obligated to make campaign expenditures in excess of
288	288	the limits in paragraph (a).
289	289	(c) Upon receipt of the notice, a candidate who had agreed to be bound by the limits may file
290	290	with the board a notice that the candidate chooses to be no longer bound by the expenditure limits.
291	291	A notice of a candidate's choice not to be bound by the expenditure limits that is based on the
292	292	conduct of an opponent in the state primary election may not be filed more than one day after the
293	293	State Canvassing Board has declared the results of the state primary.
294	294	(d) A candidate who has agreed to be bound by the expenditure limits imposed by this section
295	295	and whose opponent in the general election has chosen, as provided in paragraph (c), not to be
296	296	bound by the expenditure limits because of the conduct of an opponent in the primary election is
297	297	no longer bound by the limits but remains eligible to receive a public subsidy.
298	298	10A.255 ADJUSTMENT BY CONSUMER PRICE INDEX.
299	299	Subdivision 1.Method of calculation.The dollar amounts in section 10A.25, subdivision 2,
300	300	must be adjusted for general election years as provided in this section. Each general election year,
301	301	the executive director of the board must determine the percentage increase in the Consumer Price
302	302	Index from December of the year preceding the last general election year to December of the year
303	303	preceding the year in which the determination is made. The dollar amounts used for the preceding
304	304	general election year must be multiplied by that percentage. The product of the calculation must
305	305	be added to each dollar amount to produce the dollar limitations to be in effect for the next general
306	306	election. The product must be rounded up to the next highest $100 increment. The index used must
307	307	be the revised Consumer Price Index for all urban consumers for the St. Paul-Minneapolis
308	308	metropolitan area prepared by the United States Department of Labor.
309	309	Subd. 3.Publication of expenditure limit.By April 15 of each election year the board must
310	310	publish on its website the expenditure limit for each office for that calendar year under section
311	311	10A.25 as adjusted by this section. The revisor of statutes must code the adjusted amounts in the
312	312	next edition of Minnesota Statutes, section 10A.25, subdivision 2.
313	313	10A.257 CARRYFORWARD.
314	314	Subdivision 1.Unused funds.After all campaign expenditures and noncampaign disbursements
315	315	for an election cycle have been made, an amount up to 25 percent of the election cycle expenditure
316	316	limit for the office may be carried forward. Any remaining amount up to the total amount of the
317	317	public subsidy from the state elections campaign fund must be returned to the state treasury for
318	318	credit to the general fund under section 10A.324. Any remaining amount in excess of the total
319	319	public subsidy must be contributed to the state elections campaign account or a political party for
320	320	multicandidate expenditures as defined in section 10A.275.
321	321	Subd. 2.Unused postage and credit balances carried forward.Postage that is purchased but
322	322	not used during an election cycle and credit balances at vendors that exceed a combined total of
323	323	$500 must be carried forward and counted as expenditures during the election cycle during which
324	324	they are used.
325	325	2R
326	326	APPENDIX
327	327	Repealed Minnesota Statutes: 25-05444 10A.27 CONTRIBUTION LIMITS.
328	328	Subd. 10.Limited personal contributions.A candidate who signs an agreement under section
329	329	10A.322 may not contribute to the candidate's own campaign during a segment of an election cycle
330	330	more than five times the candidate's contribution limit for that segment under subdivision 1.
331	331	10A.28 PENALTY FOR EXCEEDING LIMITS.
332	332	Subdivision 1.Exceeding expenditure limits.A candidate subject to the expenditure limits in
333	333	section 10A.25 who permits the candidate's principal campaign committee to make expenditures
334	334	or permits approved expenditures to be made on the candidate's behalf in excess of the limits
335	335	imposed by section 10A.25, as adjusted by section 10A.255, is subject to a civil penalty up to four
336	336	times the amount by which the expenditures exceeded the limit.
337	337	10A.30 STATE ELECTIONS CAMPAIGN ACCOUNT.
338	338	Subdivision 1.Establishment.An account is established in the special revenue fund of the state
339	339	known as the "state elections campaign account."
340	340	Subd. 2.Separate account.Within the state elections campaign account there must be maintained
341	341	a separate political party account for the state committee and the candidates of each political party
342	342	and a general account.
343	343	Subd. 3.Special elections account.An account is established in the special revenue fund of
344	344	the state known as the "state special elections campaign account."
345	345	10A.31 DESIGNATION OF INCOME TAX PAYMENTS.
346	346	Subdivision 1.Designation.An individual resident of this state who files an income tax return
347	347	or a renter and homeowner property tax refund return with the commissioner of revenue may
348	348	designate on their original return that $5 be paid from the general fund of the state into the state
349	349	elections campaign account. If spouses file a joint return, each spouse may designate that $5 be
350	350	paid. No individual is allowed to designate $5 more than once in any year. The taxpayer may
351	351	designate that the amount be paid into the account of a political party or into the general account.
352	352	Subd. 3.Form.The commissioner of revenue must provide on the first page of the income tax
353	353	form and the renter and homeowner property tax refund return a space for the individual to indicate
354	354	a wish to pay $5 ($10 if filing a joint return) from the general fund of the state to finance election
355	355	campaigns. The form must also contain language prepared by the commissioner that permits the
356	356	individual to direct the state to pay the $5 (or $10 if filing a joint return) to: (1) one of the major
357	357	political parties; (2) any minor political party that qualifies under subdivision 3a; or (3) all qualifying
358	358	candidates as provided by subdivision 7. The renter and homeowner property tax refund return
359	359	must include instructions that the individual filing the return may designate $5 on the return only
360	360	if the individual has not designated $5 on the income tax return.
361	361	Subd. 3a.Qualification of political parties.(a) A major political party qualifies for inclusion
362	362	on the income tax form and property tax refund return as provided in subdivision 3 if it qualifies
363	363	as a major political party by July 1 of the taxable year.
364	364	(b) A minor political party qualifies for inclusion on the income tax form and property tax refund
365	365	return as provided in subdivision 3 if it qualifies as a minor party statewide by July 1 of the taxable
366	366	year.
367	367	(c) The secretary of state shall notify each major and minor political party by the first Monday
368	368	in January of each odd-numbered year of the conditions necessary for the party to participate in
369	369	income tax form and property tax refund return programs.
370	370	(d) The secretary of state shall notify each political party, the commissioner of revenue, and the
371	371	Campaign Finance and Public Disclosure Board by July 1 of each year and following certification
372	372	of the results of each general election of the political parties that qualify for inclusion on the income
373	373	tax form and property tax refund return as provided in subdivision 3.
374	374	Subd. 4.Appropriation.(a) The amounts designated by individuals for the state elections
375	375	campaign account, less three percent, are appropriated from the general fund, must be transferred
376	376	and credited to the appropriate account in the state elections campaign account, and are annually
377	377	appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7. The remaining three percent
378	378	must be kept in the general fund for administrative costs.
379	379	3R
380	380	APPENDIX
381	381	Repealed Minnesota Statutes: 25-05444 (b) In addition to the amounts in paragraph (a), $2,432,000 for each general election is
382	382	appropriated from the general fund for transfer to the general account of the state elections campaign
383	383	account.
384	384	Subd. 5.Allocation.(a) General account. In each calendar year the money in the general
385	385	account must be allocated to candidates as follows:
386	386	(1) 21 percent for the offices of governor and lieutenant governor together;
387	387	(2) 4.2 percent for the office of attorney general;
388	388	(3) 2.4 percent each for the offices of secretary of state and state auditor;
389	389	(4) in each calendar year during the period in which state senators serve a four-year term, 23-1/3
390	390	percent for the office of state senator, and 46-2/3 percent for the office of state representative; and
391	391	(5) in each calendar year during the period in which state senators serve a two-year term, 35
392	392	percent each for the offices of state senator and state representative.
393	393	(b) Party account. In each calendar year the money in each party account must be allocated as
394	394	follows:
395	395	(1) 14 percent for the offices of governor and lieutenant governor together;
396	396	(2) 2.8 percent for the office of attorney general;
397	397	(3) 1.6 percent each for the offices of secretary of state and state auditor;
398	398	(4) in each calendar year during the period in which state senators serve a four-year term, 23-1/3
399	399	percent for the office of state senator, and 46-2/3 percent for the office of state representative;
400	400	(5) in each calendar year during the period in which state senators serve a two-year term, 35
401	401	percent each for the offices of state senator and state representative; and
402	402	(6) ten percent or $50,000, whichever is less, for the state committee of a political party; one-third
403	403	of any amount in excess of that allocated to the state committee of a political party under this clause
404	404	must be allocated to the office of state senator and two-thirds must be allocated to the office of state
405	405	representative under clause (4).
406	406	Money allocated to each state committee under clause (6) must be deposited in a separate account
407	407	and must be spent for only those items enumerated in section 10A.275. Money allocated to a state
408	408	committee under clause (6) must be paid to the committee by the board as it is received in the
409	409	account on a monthly basis, with payment on the 15th day of the calendar month following the
410	410	month in which the returns were processed by the Department of Revenue, provided that these
411	411	distributions would be equal to 90 percent of the amount of money indicated in the Department of
412	412	Revenue's weekly unedited reports of income tax returns and property tax refund returns processed
413	413	in the month, as notified by the Department of Revenue to the board. The amounts paid to each
414	414	state committee are subject to biennial adjustment and settlement at the time of each certification
415	415	required of the commissioner of revenue under subdivisions 7 and 10. If the total amount of payments
416	416	received by a state committee for the period reflected on a certification by the Department of
417	417	Revenue is different from the amount that should have been received during the period according
418	418	to the certification, each subsequent monthly payment must be increased or decreased to the fullest
419	419	extent possible until the amount of the overpayment is recovered or the underpayment is distributed.
420	420	Subd. 5a.Party account for legislative candidates.To ensure that money will be returned to
421	421	the counties from which it was collected and to ensure that the distribution of money rationally
422	422	relates to the support for particular parties or for particular candidates within legislative districts,
423	423	money from the party accounts for legislative candidates must be distributed as provided in this
424	424	subdivision.
425	425	Each candidate for the state senate and state house of representatives whose name is to appear
426	426	on the ballot in the general election must receive money from the candidate's party account allocated
427	427	to candidates for the state senate or state house of representatives, whichever applies, according to
428	428	the following formula:
429	429	For each county within the candidate's district, the candidate's share of the dollars designated
430	430	by taxpayers who resided in that county and credited to the candidate's party account and allocated
431	431	to that office must be:
432	432	4R
433	433	APPENDIX
434	434	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
435	435	district for all candidates of that candidate's party whose names appeared on the ballot statewide
436	436	and for the state senate and state house of representatives, divided by
437	437	(2) the sum of the votes cast in the entire county in the last general election for all candidates
438	438	of that candidate's party whose names appeared on the ballot statewide and for the state senate and
439	439	state house of representatives, multiplied by
440	440	(3) the amount in the candidate's party account designated by taxpayers who resided in that
441	441	county and allocated to that office.
442	442	The sum of all the county shares calculated in the formula above is the candidate's share of the
443	443	candidate's party account.
444	444	In a year in which an election for the state senate occurs, with respect to votes for candidates
445	445	for the state senate only, "last general election" means the last general election in which an election
446	446	for the state senate occurred.
447	447	For a party under whose name no candidate's name appeared on the ballot statewide in the last
448	448	general election, amounts in the party's account must be allocated based on (i) the number of people
449	449	voting in the last general election in that part of the county in the candidate's district, divided by
450	450	(ii) the number of the people voting in the entire county in the last general election, multiplied by
451	451	(iii) the amount in the candidate's party account designated by taxpayers who resided in that county
452	452	and allocated to that office.
453	453	In the first general election after the legislature is redistricted, "the candidate's district" means
454	454	the newly drawn district and voting data from the last general election must be applied to the area
455	455	encompassing the newly drawn district, notwithstanding that the area was in a different district in
456	456	the last general election.
457	457	If in a district there was no candidate of a party for the state senate or state house of
458	458	representatives in the last general election, or if a candidate for the state senate or state house of
459	459	representatives was unopposed, the vote for that office for that party is the average vote of all the
460	460	remaining candidates of that party in each county of that district whose votes are included in the
461	461	sums in clauses (1) and (2). The average vote must be added to the sums in clauses (1) and (2)
462	462	before the calculation is made for all districts in the county.
463	463	Subd. 6.Distribution of party accounts.As soon as the board has obtained from the secretary
464	464	of state the results of the primary election, but no later than one week after certification by the State
465	465	Canvassing Board of the results of the primary, the board must distribute the available money in
466	466	each party account, as certified by the commissioner of revenue one week before the state primary,
467	467	to the candidates of that party who have signed a spending limit agreement under section 10A.322
468	468	and filed the affidavit of contributions required by section 10A.323, who were opposed in either
469	469	the primary election or the general election, and whose names are to appear on the ballot in the
470	470	general election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy
471	471	from the party account may not be paid in an amount greater than the expenditure limit of the
472	472	candidate or the expenditure limit that would have applied to the candidate if the candidate had not
473	473	been freed from expenditure limits under section 10A.25, subdivision 10.
474	474	Subd. 6a.Party account money not distributed.Money from a party account not distributed
475	475	to candidates for state senator or representative in any election year must be returned to the general
476	476	fund of the state, except that the subsidy from the party account an unopposed candidate would
477	477	otherwise have been eligible to receive must be paid to the state committee of the candidate's political
478	478	party to be deposited in a special account under subdivision 5, paragraph (b), clause (6), and used
479	479	for only those items permitted under section 10A.275. Money from a party account not distributed
480	480	to candidates for other offices in an election year must be returned to the party account for
481	481	reallocation to candidates as provided in subdivision 5, paragraph (b), in the following year.
482	482	Subd. 7.Distribution of general account.(a) As soon as the board has obtained the results of
483	483	the primary election from the secretary of state, but no later than one week after certification of the
484	484	primary results by the State Canvassing Board, the board must distribute the available money in
485	485	the general account, as certified by the commissioner of revenue one week before the state primary
486	486	and according to allocations set forth in subdivision 5, in equal amounts to all candidates of a major
487	487	political party whose names are to appear on the ballot in the general election and who:
488	488	(1) have signed a spending limit agreement under section 10A.322;
489	489	(2) have filed the affidavit of contributions required by section 10A.323; and
490	490	5R
491	491	APPENDIX
492	492	Repealed Minnesota Statutes: 25-05444 (3) were opposed in either the primary election or the general election.
493	493	(b) The public subsidy under this subdivision may not be paid in an amount that would cause
494	494	the sum of the public subsidy paid from the party account plus the public subsidy paid from the
495	495	general account to exceed 50 percent of the expenditure limit for the candidate or 50 percent of the
496	496	expenditure limit that would have applied to the candidate if the candidate had not been freed from
497	497	expenditure limits under section 10A.25, subdivision 10. Money from the general account not paid
498	498	to a candidate because of the 50 percent limit must be distributed equally among all other qualifying
499	499	candidates for the same office until all have reached the 50 percent limit or the balance in the general
500	500	account is exhausted.
501	501	Subd. 7a.Withholding of public subsidy.If a candidate who is eligible for payment of public
502	502	subsidy under this section has not filed the report of receipts and expenditures required under section
503	503	10A.20 before a primary election, any public subsidy for which that candidate is eligible must be
504	504	withheld by the board until the candidate complies with the filing requirements of section 10A.20
505	505	and the board has sufficient time to review or audit the report. If a candidate who is eligible for
506	506	public subsidy does not file the report due before the primary election under section 10A.20 by the
507	507	date that the report of receipts and expenditures filed before the general election is due, that candidate
508	508	shall not be paid public subsidy for that election.
509	509	Subd. 7b.Failure to repay.A candidate who fails to repay money required by the agreement
510	510	cannot be paid additional public subsidy funds during the current or future election cycles until the
511	511	entirety of the unexpended funds and any associated collection fees are either repaid to the board
512	512	or discharged by court action.
513	513	Subd. 10.December distribution.In the event that on the date of either certification by the
514	514	commissioner of revenue as provided in subdivision 6 or 7, less than 98 percent of the tax returns
515	515	have been processed, the commissioner of revenue must certify to the board by December 1 the
516	516	amount accumulated in each account since the previous certification. By December 15, the board
517	517	must distribute to each candidate according to the allocations in subdivisions 5 and 5a the amounts
518	518	to which the candidates are entitled.
519	519	Subd. 10a.Form of distribution.A distribution to a candidate must be in the form of a check
520	520	made "payable to the campaign fund of ......(name of candidate)......."
521	521	Subd. 10b.Remainder.Money accumulated after the final certification must be kept in the
522	522	respective accounts for distribution in the next general election year.
523	523	Subd. 11.Write-in candidate.For the purposes of this section, a write-in candidate is a candidate
524	524	only upon complying with sections 10A.322 and 10A.323.
525	525	10A.315 SPECIAL ELECTION SUBSIDY.
526	526	(a) Each eligible candidate for a legislative office in a special election must be paid a public
527	527	subsidy equal to the sum of:
528	528	(1) the party account money at the last general election for the candidate's party for the office
529	529	the candidate is seeking; and
530	530	(2) the general account money paid to a candidate for the same office at the last general election.
531	531	(b) A candidate who wishes to receive this public subsidy must submit a signed agreement
532	532	under section 10A.322 to the board and must meet the contribution requirements of section 10A.323.
533	533	The special election subsidy must be distributed in the same manner as money in the party and
534	534	general accounts is distributed to legislative candidates in a general election.
535	535	(c) The amount necessary to make the payments required by this section is appropriated from
536	536	the general fund for transfer to the state special elections campaign account for distribution by the
537	537	board as set forth in this section.
538	538	10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.
539	539	Subdivision 1.Calculation and certification of estimates.The commissioner of revenue must
540	540	calculate and certify to the board one week before the first day for filing for office in each election
541	541	year an estimate of the total amount in the state general account of the state elections campaign
542	542	account and the amount of money each candidate who qualifies, as provided in section 10A.31,
543	543	subdivisions 6 and 7, may receive from the candidate's party account in the state elections campaign
544	544	account. This estimate must be based upon the allocations and formulas in section 10A.31,
545	545	subdivisions 5 and 5a, any necessary vote totals provided by the secretary of state to apply the
546	546	6R
547	547	APPENDIX
548	548	Repealed Minnesota Statutes: 25-05444 formulas in section 10A.31, subdivisions 5 and 5a, and the amount of money expected to be available
549	549	after 100 percent of the tax returns have been processed.
550	550	Subd. 2.Publication, certification, and notification procedures.Before the first day of filing
551	551	for office, the board must publish and forward to all filing officers the estimates calculated and
552	552	certified under subdivision 1 along with a copy of section 10A.25, subdivision 10. Within one week
553	553	after the last day for filing for office, the secretary of state must certify to the board the name,
554	554	address, office sought, and party affiliation of each candidate who has filed with that office an
555	555	affidavit of candidacy or petition to appear on the ballot. The auditor of each county must certify
556	556	to the board the same information for each candidate who has filed with that county an affidavit of
557	557	candidacy or petition to appear on the ballot. Within two weeks after the last day for filing for
558	558	office, the board must notify all candidates of their estimated minimum amount. The board must
559	559	include with the notice a form for the agreement provided in section 10A.322 along with a copy of
560	560	section 10A.25, subdivision 10.
561	561	10A.322 SPENDING LIMIT AGREEMENTS.
562	562	Subdivision 1.Agreement by candidate.(a) As a condition of receiving a public subsidy, a
563	563	candidate must sign and file with the board a written agreement in which the candidate agrees that
564	564	the candidate will comply with sections 10A.25; 10A.27, subdivision 10; 10A.324; and 10A.38.
565	565	(b) Before the first day of filing for office, the board must forward agreement forms to all filing
566	566	officers. The board must also provide agreement forms to candidates on request at any time. The
567	567	candidate must file the agreement with the board at least three weeks before the candidate's state
568	568	primary. An agreement may not be filed after that date. An agreement once filed may not be
569	569	rescinded.
570	570	(c) The board must notify the commissioner of revenue of any agreement signed under this
571	571	subdivision.
572	572	(d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means of a special
573	573	election and the filing period does not coincide with the filing period for the general election, a
574	574	candidate may sign and submit a spending limit agreement not later than the day after the close of
575	575	the filing period for the special election for which the candidate filed.
576	576	(e) Notwithstanding paragraphs (b) and (d), if a vacancy occurs that will be filled by means of
577	577	a special election called under section 204B.13, subdivision 2, paragraph (c), a candidate may sign
578	578	and submit a spending limit agreement not later than eight calendar days after the general election.
579	579	Subd. 2.How long agreement is effective.The agreement, insofar as it relates to the expenditure
580	580	limits in section 10A.25, as adjusted by section 10A.255, and the contribution limit in section
581	581	10A.27, subdivision 10, remains effective for candidates until the dissolution of the principal
582	582	campaign committee of the candidate or the end of the first election cycle completed after the
583	583	agreement was filed, whichever occurs first.
584	584	10A.323 AFFIDAVIT OF CONTRIBUTIONS.
585	585	(a) In addition to the requirements of section 10A.322, to be eligible to receive a public subsidy
586	586	under section 10A.31 a candidate or the candidate's treasurer must:
587	587	(1) between January 1 of the previous year and the cutoff date for transactions included in the
588	588	report of receipts and expenditures due before the primary election, accumulate contributions from
589	589	individuals eligible to vote in this state in at least the amount indicated for the office sought, counting
590	590	only the first $50 received from each contributor, excluding in-kind contributions:
591	591	(i) candidates for governor and lieutenant governor running together, $35,000;
592	592	(ii) candidates for attorney general, $15,000;
593	593	(iii) candidates for secretary of state and state auditor, separately, $6,000;
594	594	(iv) candidates for the senate, $3,000; and
595	595	(v) candidates for the house of representatives, $1,500;
596	596	(2) file an affidavit with the board stating that the principal campaign committee has complied
597	597	with this paragraph. The affidavit must state the total amount of contributions that have been received
598	598	from individuals eligible to vote in this state, excluding:
599	599	(i) the portion of any contribution in excess of $50;
600	600	7R
601	601	APPENDIX
602	602	Repealed Minnesota Statutes: 25-05444 (ii) any in-kind contribution; and
603	603	(iii) any contribution for which the name and address of the contributor is not known and
604	604	recorded; and
605	605	(3) submit the affidavit required by this section to the board in writing by the deadline for
606	606	reporting of receipts and expenditures before a primary under section 10A.20, subdivision 2.
607	607	(b) A candidate for a vacancy to be filled at a special election for which the filing period does
608	608	not coincide with the filing period for the general election must accumulate the contributions
609	609	specified in paragraph (a) and must submit the affidavit required by this section to the board within
610	610	five days after the close of the filing period for the special election for which the candidate filed.
611	611	(c) Notwithstanding paragraphs (a) and (b), a candidate for a vacancy to be filled at a special
612	612	election called under section 204B.13, subdivision 2, paragraph (c), must accumulate the
613	613	contributions specified in paragraph (a) and must submit the affidavit required by this section to
614	614	the board within 12 calendar days after the general election.
615	615	(d) A candidate or the candidate's treasurer must be able to electronically file the affidavit
616	616	required under this section in the same manner as other reports required by this chapter. The board
617	617	must not require the candidate or candidate's treasurer to notarize the affidavit of contribution.
618	618	10A.324 RETURN OF PUBLIC SUBSIDY.
619	619	Subdivision 1.When return required.A candidate must return all or a portion of the public
620	620	subsidy received from the state elections campaign account or the public subsidy received under
621	621	section 10A.315, under the circumstances in this section or section 10A.257, subdivision 1.
622	622	To the extent that the amount of public subsidy received exceeds the aggregate of: (1) actual
623	623	expenditures made by the principal campaign committee of the candidate; and (2) approved
624	624	expenditures made on behalf of the candidate, the treasurer of the candidate's principal campaign
625	625	committee must return an amount equal to the difference to the board. The cost of postage that was
626	626	not used during an election cycle and payments that created credit balances at vendors at the close
627	627	of an election cycle are not considered expenditures for purposes of determining the amount to be
628	628	returned. Expenditures in excess of the candidate's spending limit do not count in determining
629	629	aggregate expenditures under this paragraph.
630	630	Subd. 3.How return determined.Whether or not a candidate is required under subdivision 1
631	631	to return all or a portion of the public subsidy must be determined from the report required to be
632	632	filed with the board by that candidate by January 31 of the year following an election. An amount
633	633	required to be returned must be submitted in the form of a check or money order and must accompany
634	634	the report filed with the board. The board must deposit the check or money order in the state treasury
635	635	for credit to the general fund. The amount returned must not exceed the amount of public subsidy
636	636	received by the candidate.
637	637	10A.38 CAPTIONING OF CAMPAIGN ADVERTISEMENTS.
638	638	(a) This section applies to a campaign advertisement by a candidate who is governed by an
639	639	agreement under section 10A.322.
640	640	(b) "Campaign advertisement" means a professionally produced visual or audio recording of
641	641	two minutes or less produced by the candidate for the purpose of influencing the nomination or
642	642	election of a candidate.
643	643	(c) A campaign advertisement that is disseminated as an advertisement by broadcast or cable
644	644	television must include closed captioning for deaf and hard-of-hearing viewers, unless the candidate
645	645	has filed with the board before the advertisement is disseminated a statement setting forth the reasons
646	646	for not doing so. A campaign advertisement that is disseminated as an advertisement to the public
647	647	on the candidate's website must include closed captioning for deaf and hard-of-hearing viewers,
648	648	unless the candidate has posted on the website a transcript of the spoken content of the advertisement
649	649	or the candidate has filed with the board before the advertisement is disseminated a statement setting
650	650	forth the reasons for not doing so. A campaign advertisement must not be disseminated as an
651	651	advertisement by radio unless the candidate has posted on the candidate's website a transcript of
652	652	the spoken content of the advertisement or the candidate has filed with the board before the
653	653	advertisement is disseminated a statement setting forth the reasons for not doing so.
654	654	(d) A candidate who fails to comply with the requirements of paragraph (c) is subject to a civil
655	655	penalty imposed by the board of up to $1,000.
656	656	8R
657	657	APPENDIX
658	658	Repealed Minnesota Statutes: 25-05444