Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3459 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	25-05444 as introduced04/22/25 REVISOR JFK/EN
27	27	SENATE
28	28	STATE OF MINNESOTA
29	29	S.F. No. 3459NINETY-FOURTH SESSION
30	30	(SENATE AUTHORS: RASMUSSON and Drazkowski)
31	31	OFFICIAL STATUSD-PGDATE
32	32	Introduction and first reading04/28/2025
33	33	Referred to Elections 2.1a determination under paragraph (d) that probable cause exists to believe a violation that
34	34	2.2warrants a formal investigation has occurred.
35	35	2.3 (c) Upon receipt of a written complaint filed with the board, the board chair or another
36	36	2.4board member designated by the chair shall promptly make a determination as to whether
37	37	2.5the complaint alleges a prima facie violation. If a determination is made that the complaint
38	38	2.6does not allege a prima facie violation, the complaint shall be dismissed without prejudice
39	39	2.7and the complainant and the subject of the complaint must be promptly notified of the
40	40	2.8reasons the complaint did not allege a prima facie violation. The notice to the subject of the
41	41	2.9complaint must include a copy of the complaint. If the complainant files a revised complaint
42	42	2.10regarding the same facts and the same subject, the prima facie determination must be
43	43	2.11completed by a board member other than the member who made the initial determination
44	44	2.12and who does not support the same political party as the member who made the initial
45	45	2.13determination. The chair may order that the prima facie determination for any complaint
46	46	2.14be made by the full board and must order that the prima facie determination for a complaint
47	47	2.15being submitted for the third time be made by the full board.
48	48	2.16 (d) If a determination is made that the complaint alleges a prima facie violation, the
49	49	2.17board shall, within 60 days of the prima facie determination, make findings and conclusions
50	50	2.18as to whether probable cause exists to believe the alleged violation that warrants a formal
51	51	2.19investigation has occurred. Any party filing a complaint and any party against whom a
52	52	2.20complaint is filed must be given an opportunity to be heard by the board prior to the board's
53	53	2.21determination as to whether probable cause exists to believe a violation that warrants a
54	54	2.22formal investigation has occurred.
55	55	2.23 (e) Upon a determination by the board that probable cause exists to believe a violation
56	56	2.24that warrants a formal investigation has occurred, the board must undertake an investigation
57	57	2.25under subdivision 2 and must issue an order at the conclusion of the investigation, except
58	58	2.26that if the complaint alleges a violation of section 10A.25 or 10A.27, the board must either
59	59	2.27enter a conciliation agreement or make public findings and conclusions as to whether a
60	60	2.28violation has occurred and must issue an order within 60 days after the probable cause
61	61	2.29determination has been made. Prior to making findings and conclusions in an investigation,
62	62	2.30the board must offer the subject of the complaint an opportunity to answer the allegations
63	63	2.31of the complaint in writing and to appear before the board to address the matter. The deadline
64	64	2.32for action on a written complaint, including but not limited to issuance of a probable cause
65	65	2.33determination in accordance with paragraph (d), entering into a conciliation agreement, or
66	66	2.34issuance of public findings may be extended by majority vote of the board.
67	67	2Section 1.
68	68	25-05444 as introduced04/22/25 REVISOR JFK/EN 3.1 Sec. 2. Minnesota Statutes 2024, section 10A.15, subdivision 2a, is amended to read:
69	69	3.2 Subd. 2a.Time of receipt.(a) A monetary contribution not made through electronic
70	70	3.3means is received for reporting and contribution limit purposes when the contribution is
71	71	3.4physically received by the treasurer, the candidate, or a committee, fund, or party unit
72	72	3.5worker.
73	73	3.6 (b) A contribution delivered through the United States mail is received on the date the
74	74	3.7mail is collected from the delivery point by the treasurer or candidate, or by a committee,
75	75	3.8fund, or party unit worker.
76	76	3.9 (c) A monetary contribution made through electronic means is received on the date that
77	77	3.10the contributor makes the contribution to the contribution processor for the following
78	78	3.11purposes:
79	79	3.12 (1) the registration requirements in section 10A.14;
80	80	3.13 (2) the reporting requirements in section 10A.20; and
81	81	3.14 (3) the requirements related to contributions during the legislative session in section
82	82	3.1510A.273; and.
83	83	3.16 (4) the affidavit of contributions requirement in section 10A.323.
84	84	3.17 (d) A monetary contribution made through electronic means is received for purposes of
85	85	3.18the deposit requirements in subdivision 3 on the date that the treasurer or candidate, or the
86	86	3.19committee, fund, or party unit worker has access to the funds under the terms of the
87	87	3.20agreement with the contribution processor.
88	88	3.21 Sec. 3. Minnesota Statutes 2024, section 10A.20, subdivision 15, is amended to read:
89	89	3.22 Subd. 15.Equitable relief.A candidate whose opponent does not timely file the report
90	90	3.23due 15 days before the primary, or the report due ten days before the general election, or
91	91	3.24the notice required under section 10A.25, subdivision 10, may petition the district court for
92	92	3.25immediate equitable relief to enforce the filing requirement. A prevailing party under this
93	93	3.26subdivision may be awarded attorney fees and costs by the court.
94	94	3.27 Sec. 4. Minnesota Statutes 2024, section 10A.275, subdivision 1, is amended to read:
95	95	3.28 Subdivision 1.Exceptions.Notwithstanding other provisions of this chapter, the
96	96	3.29following expenditures by a party unit, or two or more party units acting together are not
97	97	3.30considered contributions to or expenditures on behalf of a candidate for the purposes of
98	98	3Sec. 4.
99	99	25-05444 as introduced04/22/25 REVISOR JFK/EN 4.1section 10A.25 or 10A.27 and must not be allocated to candidates under section 10A.20,
100	100	4.2subdivision 3, paragraph (h):
101	101	4.3 (1) expenditures on behalf of candidates of that party generally without referring to any
102	102	4.4of them specifically in a published, posted, or broadcast advertisement;
103	103	4.5 (2) expenditures for the preparation, display, mailing, or other distribution of an official
104	104	4.6party sample ballot listing the names of three or more individuals whose names are to appear
105	105	4.7on the ballot;
106	106	4.8 (3) expenditures for a telephone call, voice mail, text message, multimedia message,
107	107	4.9Internet chat message, or email when the communication includes the names of three or
108	108	4.10more individuals whose names are to appear on the ballot;
109	109	4.11 (4) expenditures for a booth at a community event, county fair, or state fair that benefits
110	110	4.12three or more individuals whose names are to appear on the ballot;
111	111	4.13 (5) expenditures for a political party fundraising effort on behalf of three or more
112	112	4.14candidates; or
113	113	4.15 (6) expenditures for party committee staff services that benefit three or more candidates.
114	114	4.16 Sec. 5. Minnesota Statutes 2024, section 10A.28, subdivision 3, is amended to read:
115	115	4.17 Subd. 3.Conciliation agreement.If the board finds that there is reason to believe that
116	116	4.18excess expenditures have been made or excess contributions accepted contrary to subdivision
117	117	4.191 or 2, the board must make every effort for a period of at least 14 days after its finding to
118	118	4.20correct the matter by informal methods of conference and conciliation and to enter a
119	119	4.21conciliation agreement with the person involved. A conciliation agreement under this
120	120	4.22subdivision is a matter of public record. Unless violated, a conciliation agreement is a bar
121	121	4.23to any civil proceeding under subdivision 4.
122	122	4.24 Sec. 6. Minnesota Statutes 2024, section 10A.28, subdivision 4, is amended to read:
123	123	4.25 Subd. 4.Civil action.If the board is unable after a reasonable time to correct by informal
124	124	4.26methods a matter where there is reason to believe that excess expenditures have been made
125	125	4.27or excess contributions accepted contrary to subdivision 1 or 2, the board must make a
126	126	4.28public finding in the matter. The board may use section 10A.34 to recover fees and penalties
127	127	4.29or to seek an injunction.
128	128	4Sec. 6.
129	129	25-05444 as introduced04/22/25 REVISOR JFK/EN 5.1 Sec. 7. Minnesota Statutes 2024, section 10A.322, subdivision 4, is amended to read:
130	130	5.2 Subd. 4.Refund receipt forms; penalty.(a) The board must make available to a political
131	131	5.3party on request and to any candidate for whom an agreement under this section is effective,
132	132	5.4a supply of official refund receipt forms that state in boldface type that:
133	133	5.5 (1) a contributor who is given a receipt form is eligible to claim a refund as provided in
134	134	5.6section 290.06, subdivision 23; and.
135	135	5.7 (2) if the contribution is to a candidate, that the candidate has signed an agreement to
136	136	5.8limit campaign expenditures as provided in this section.
137	137	5.9The forms must provide duplicate copies of the receipt to be attached to the contributor's
138	138	5.10claim.
139	139	5.11 (b) The willful issuance of an official refund receipt form or a facsimile of one to any
140	140	5.12of the candidate's contributors by a candidate or treasurer of a candidate who did not sign
141	141	5.13an agreement under this section is subject to a civil penalty of up to $3,000 imposed by the
142	142	5.14board.
143	143	5.15 (c) (b) The willful issuance of an official refund receipt form or a facsimile to an
144	144	5.16individual not eligible to claim a refund under section 290.06, subdivision 23, is subject to
145	145	5.17a civil penalty of up to $3,000 imposed by the board.
146	146	5.18 (d) (c) A violation of paragraph (b) or (c) is a misdemeanor.
147	147	5.19 Sec. 8. Minnesota Statutes 2024, section 290.06, subdivision 23, is amended to read:
148	148	5.20 Subd. 23.Refund of contributions to political parties and candidates.(a) A taxpayer
149	149	5.21may claim a refund equal to the amount of the taxpayer's contributions made in the calendar
150	150	5.22year to candidates and to a political party. The maximum refund for an individual must not
151	151	5.23exceed $75 and for a married couple, filing jointly, must not exceed $150. A refund of a
152	152	5.24contribution is allowed only if the taxpayer files a form required by the commissioner and
153	153	5.25attaches to the form a copy of an official refund receipt form issued by the candidate or
154	154	5.26party and signed by the candidate, the treasurer of the candidate's principal campaign
155	155	5.27committee, or the chair or treasurer of the party unit, after the contribution was received.
156	156	5.28The receipt forms must be numbered, and the data on the receipt that are not public must
157	157	5.29be made available to the campaign finance and public disclosure board upon its request. A
158	158	5.30claim must be filed with the commissioner no sooner than January 1 of the calendar year
159	159	5.31in which the contribution was made and no later than April 15 of the calendar year following
160	160	5.32the calendar year in which the contribution was made. A taxpayer may file only one claim
161	161	5.33per calendar year. Amounts paid by the commissioner after June 15 of the calendar year
162	162	5Sec. 8.
163	163	25-05444 as introduced04/22/25 REVISOR JFK/EN 6.1following the calendar year in which the contribution was made must include interest at the
164	164	6.2rate specified in section 270C.405.
165	165	6.3 (b) No refund is allowed under this subdivision for a contribution to a candidate unless
166	166	6.4the candidate:
167	167	6.5 (1) has signed an agreement to limit campaign expenditures as provided in section
168	168	6.610A.322;
169	169	6.7 (2) is seeking an office for which voluntary spending limits are specified in section
170	170	6.810A.25; and
171	171	6.9 (3) has designated a principal campaign committee.
172	172	6.10 This subdivision does not limit the campaign expenditures of a candidate who does not
173	173	6.11sign an agreement but accepts a contribution for which the contributor improperly claims
174	174	6.12a refund.
175	175	6.13 (c) For purposes of this subdivision, "political party" means a political party that, by
176	176	6.14July 1 of the taxable year, qualifies as either a major political party as defined in section
177	177	6.15200.02, subdivision 7, or a minor political party qualifying for inclusion on the income tax
178	178	6.16or property tax refund form under section 10A.31, subdivision 3a as defined in section
179	179	6.17200.02, subdivision 23.
180	180	6.18 A "major party" or "minor party" includes the aggregate of that party's organization
181	181	6.19within each house of the legislature, the state party organization, and the party organization
182	182	6.20within congressional districts, counties, legislative districts, municipalities, and precincts.
183	183	6.21 "Candidate" means a candidate as defined in section 10A.01, subdivision 10, except a
184	184	6.22candidate for judicial office.
185	185	6.23 "Contribution" means a gift of money.
186	186	6.24 (d) The commissioner shall make copies of the form available to the public and candidates
187	187	6.25upon request.
188	188	6.26 (e) The following data collected or maintained by the commissioner under this subdivision
189	189	6.27are private: the identities of individuals claiming a refund, the identities of candidates to
190	190	6.28whom those individuals have made contributions, and the amount of each contribution.
191	191	6.29 (f) The commissioner shall report to the campaign finance and public disclosure board
192	192	6.30by each August 1 a summary showing the total number and aggregate amount of political
193	193	6.31contribution refunds made on behalf of each candidate and each political party. These data
194	194	6.32are public.
195	195	6Sec. 8.
196	196	25-05444 as introduced04/22/25 REVISOR JFK/EN 7.1 (g) The amount necessary to pay claims for the refund provided in this section is
197	197	7.2appropriated from the general fund to the commissioner of revenue.
198	198	7.3 (h) For a taxpayer who files a claim for refund via the Internet or other electronic means,
199	199	7.4the commissioner may accept the number on the official receipt as documentation that a
200	200	7.5contribution was made rather than the actual receipt as required by paragraph (a).
201	201	7.6 Sec. 9. TRANSFERS; STATE ELECTIONS CAMPAIGN ACCOUNT BALANCES.
202	202	7.7 Any balances remaining in the state elections campaign account, including each political
203	203	7.8party account and the general account, and in the state special elections campaign account
204	204	7.9on the effective date of this act are transferred to the general fund.
205	205	7.10 Sec. 10. REPEALER.
206	206	7.11 Minnesota Statutes 2024, sections 10A.25, subdivisions 1, 2, 2a, 3, 3a, 5, and 10;
207	207	7.1210A.255, subdivisions 1 and 3; 10A.257; 10A.27, subdivision 10; 10A.28, subdivision 1;
208	208	7.1310A.30; 10A.31, subdivisions 1, 3, 3a, 4, 5, 5a, 6, 6a, 7, 7a, 7b, 10, 10a, 10b, and 11;
209	209	7.1410A.315; 10A.321; 10A.322, subdivisions 1 and 2; 10A.323; 10A.324, subdivisions 1 and
210	210	7.153; and 10A.38, are repealed.
211	211	7.16 Sec. 11. EFFECTIVE DATE.
212	212	7.17 This act is effective July 1, 2025.
213	213	7Sec. 11.
214	214	25-05444 as introduced04/22/25 REVISOR JFK/EN 10A.25 SPENDING LIMITS.
215	215	Subdivision 1.Limits are voluntary.The expenditure limits imposed by this section apply
216	216	only to a candidate who has signed an agreement under section 10A.322 to be bound by them as a
217	217	condition of receiving a public subsidy for the candidate's campaign.
218	218	Subd. 2.Amounts.(a) In a segment of an election cycle, the principal campaign committee of
219	219	the candidate must not make campaign expenditures nor permit approved expenditures to be made
220	220	on behalf of the candidate that result in aggregate expenditures in excess of the following:
221	221	(1) for governor and lieutenant governor, running together, $4,232,700 in the election segment
222	222	and $1,697,400 in the nonelection segment;
223	223	(2) for attorney general, $725,800 in the election segment and $226,400 in the nonelection
224	224	segment;
225	225	(3) for secretary of state and state auditor, separately, $483,900 in the election segment and
226	226	$113,300 in the nonelection segment;
227	227	(4) for state senator, $109,100 in the election segment and $32,800 in a nonelection segment;
228	228	(5) for state representative, $80,300 in the election segment.
229	229	(b) In addition to the amount in paragraph (a), clause (1), a candidate for endorsement for the
230	230	office of lieutenant governor at the convention of a political party may make campaign expenditures
231	231	and approved expenditures of five percent of that amount to seek endorsement.
232	232	(c) If a special election cycle occurs during a general election cycle, expenditures by or on
233	233	behalf of a candidate in the special election do not count as expenditures by or on behalf of the
234	234	candidate in the general election.
235	235	(d) The expenditure limits in this subdivision for an office are increased by ten percent for a
236	236	candidate who has not previously held the same office, whose name has not previously been on the
237	237	primary or general election ballot for that office, and who has not in the past ten years raised or
238	238	spent more than $750 in a run for any other office whose territory now includes a population that
239	239	is more than one-third of the population in the territory of the new office. Candidates who qualify
240	240	for first-time candidate status receive a ten percent increase in the campaign expenditure limit in
241	241	all segments of the applicable election cycle. In the case of a legislative candidate, the office is that
242	242	of a member of the house of representatives or senate without regard to any specific district.
243	243	Subd. 2a.Aggregated expenditures.If a candidate makes expenditures from more than one
244	244	principal campaign committee for nomination or election to statewide office in the same segment
245	245	of an election cycle, the amount of expenditures from all of the candidate's principal campaign
246	246	committees for statewide office for that segment of the election cycle must be aggregated for
247	247	purposes of applying the limits on expenditures under subdivision 2.
248	248	Subd. 3.Governor and lieutenant governor a single candidate.For the purposes of this
249	249	chapter, a candidate for governor and a candidate for lieutenant governor, running together, are
250	250	considered a single candidate. Except as provided in subdivision 2, paragraph (b), all expenditures
251	251	made by or all approved expenditures made on behalf of the candidate for lieutenant governor are
252	252	considered to be expenditures by or approved expenditures on behalf of the candidate for governor.
253	253	Subd. 3a.Independent expenditures and electioneering communications.The principal
254	254	campaign committee of a candidate must not make independent expenditures or disbursements for
255	255	electioneering communications. If the principal campaign committee of a candidate makes a
256	256	contribution to an independent expenditure committee or independent expenditure fund on or after
257	257	January 1 of the year the candidate's office will appear on the ballot, the independent expenditure
258	258	committee or independent expenditure fund must not make an independent expenditure for that
259	259	candidate.
260	260	Subd. 5.Contested primary races.Notwithstanding the limits imposed by subdivision 2, the
261	261	winning candidate in a contested race in a primary who received fewer than twice as many votes
262	262	as any one of the candidate's opponents in that primary may make expenditures and permit approved
263	263	expenditures to be made on behalf of the candidate equal to 120 percent of the applicable limit as
264	264	set forth in subdivision 2, but no more than 100 percent of the limit until after the primary.
265	265	Subd. 10.Effect of opponent's conduct.(a) After the deadline for filing a spending limit
266	266	agreement under section 10A.322, a candidate who has agreed to be bound by the expenditure limits
267	267	imposed by this section as a condition of receiving a public subsidy for the candidate's campaign
268	268	1R
269	269	APPENDIX
270	270	Repealed Minnesota Statutes: 25-05444 may choose to be released from the expenditure limits but remain eligible to receive a public subsidy
271	271	if the candidate has an opponent who has not agreed to be bound by the limits and has received
272	272	contributions or made or become obligated to make expenditures during that election cycle in excess
273	273	of the following limits:
274	274	(1) up to the close of the reporting period before the primary election, receipts or expenditures
275	275	equal to 20 percent of the election segment expenditure limit for that office as set forth in subdivision
276	276	2; or
277	277	(2) after the close of the reporting period before the primary election, cumulative receipts or
278	278	expenditures during that election cycle equal to 50 percent of the election cycle expenditure limit
279	279	for that office as set forth in subdivision 2.
280	280	Before the primary election, a candidate's "opponents" are only those who will appear on the
281	281	ballot of the same party in the primary election.
282	282	(b) A candidate who has not agreed to be bound by expenditure limits, or the candidate's principal
283	283	campaign committee, must file written notice with the board and provide written notice to any
284	284	opponent of the candidate for the same office within 24 hours of exceeding the limits in paragraph
285	285	(a). The notice must state only that the candidate or candidate's principal campaign committee has
286	286	received contributions or made or become obligated to make campaign expenditures in excess of
287	287	the limits in paragraph (a).
288	288	(c) Upon receipt of the notice, a candidate who had agreed to be bound by the limits may file
289	289	with the board a notice that the candidate chooses to be no longer bound by the expenditure limits.
290	290	A notice of a candidate's choice not to be bound by the expenditure limits that is based on the
291	291	conduct of an opponent in the state primary election may not be filed more than one day after the
292	292	State Canvassing Board has declared the results of the state primary.
293	293	(d) A candidate who has agreed to be bound by the expenditure limits imposed by this section
294	294	and whose opponent in the general election has chosen, as provided in paragraph (c), not to be
295	295	bound by the expenditure limits because of the conduct of an opponent in the primary election is
296	296	no longer bound by the limits but remains eligible to receive a public subsidy.
297	297	10A.255 ADJUSTMENT BY CONSUMER PRICE INDEX.
298	298	Subdivision 1.Method of calculation.The dollar amounts in section 10A.25, subdivision 2,
299	299	must be adjusted for general election years as provided in this section. Each general election year,
300	300	the executive director of the board must determine the percentage increase in the Consumer Price
301	301	Index from December of the year preceding the last general election year to December of the year
302	302	preceding the year in which the determination is made. The dollar amounts used for the preceding
303	303	general election year must be multiplied by that percentage. The product of the calculation must
304	304	be added to each dollar amount to produce the dollar limitations to be in effect for the next general
305	305	election. The product must be rounded up to the next highest $100 increment. The index used must
306	306	be the revised Consumer Price Index for all urban consumers for the St. Paul-Minneapolis
307	307	metropolitan area prepared by the United States Department of Labor.
308	308	Subd. 3.Publication of expenditure limit.By April 15 of each election year the board must
309	309	publish on its website the expenditure limit for each office for that calendar year under section
310	310	10A.25 as adjusted by this section. The revisor of statutes must code the adjusted amounts in the
311	311	next edition of Minnesota Statutes, section 10A.25, subdivision 2.
312	312	10A.257 CARRYFORWARD.
313	313	Subdivision 1.Unused funds.After all campaign expenditures and noncampaign disbursements
314	314	for an election cycle have been made, an amount up to 25 percent of the election cycle expenditure
315	315	limit for the office may be carried forward. Any remaining amount up to the total amount of the
316	316	public subsidy from the state elections campaign fund must be returned to the state treasury for
317	317	credit to the general fund under section 10A.324. Any remaining amount in excess of the total
318	318	public subsidy must be contributed to the state elections campaign account or a political party for
319	319	multicandidate expenditures as defined in section 10A.275.
320	320	Subd. 2.Unused postage and credit balances carried forward.Postage that is purchased but
321	321	not used during an election cycle and credit balances at vendors that exceed a combined total of
322	322	$500 must be carried forward and counted as expenditures during the election cycle during which
323	323	they are used.
324	324	2R
325	325	APPENDIX
326	326	Repealed Minnesota Statutes: 25-05444 10A.27 CONTRIBUTION LIMITS.
327	327	Subd. 10.Limited personal contributions.A candidate who signs an agreement under section
328	328	10A.322 may not contribute to the candidate's own campaign during a segment of an election cycle
329	329	more than five times the candidate's contribution limit for that segment under subdivision 1.
330	330	10A.28 PENALTY FOR EXCEEDING LIMITS.
331	331	Subdivision 1.Exceeding expenditure limits.A candidate subject to the expenditure limits in
332	332	section 10A.25 who permits the candidate's principal campaign committee to make expenditures
333	333	or permits approved expenditures to be made on the candidate's behalf in excess of the limits
334	334	imposed by section 10A.25, as adjusted by section 10A.255, is subject to a civil penalty up to four
335	335	times the amount by which the expenditures exceeded the limit.
336	336	10A.30 STATE ELECTIONS CAMPAIGN ACCOUNT.
337	337	Subdivision 1.Establishment.An account is established in the special revenue fund of the state
338	338	known as the "state elections campaign account."
339	339	Subd. 2.Separate account.Within the state elections campaign account there must be maintained
340	340	a separate political party account for the state committee and the candidates of each political party
341	341	and a general account.
342	342	Subd. 3.Special elections account.An account is established in the special revenue fund of
343	343	the state known as the "state special elections campaign account."
344	344	10A.31 DESIGNATION OF INCOME TAX PAYMENTS.
345	345	Subdivision 1.Designation.An individual resident of this state who files an income tax return
346	346	or a renter and homeowner property tax refund return with the commissioner of revenue may
347	347	designate on their original return that $5 be paid from the general fund of the state into the state
348	348	elections campaign account. If spouses file a joint return, each spouse may designate that $5 be
349	349	paid. No individual is allowed to designate $5 more than once in any year. The taxpayer may
350	350	designate that the amount be paid into the account of a political party or into the general account.
351	351	Subd. 3.Form.The commissioner of revenue must provide on the first page of the income tax
352	352	form and the renter and homeowner property tax refund return a space for the individual to indicate
353	353	a wish to pay $5 ($10 if filing a joint return) from the general fund of the state to finance election
354	354	campaigns. The form must also contain language prepared by the commissioner that permits the
355	355	individual to direct the state to pay the $5 (or $10 if filing a joint return) to: (1) one of the major
356	356	political parties; (2) any minor political party that qualifies under subdivision 3a; or (3) all qualifying
357	357	candidates as provided by subdivision 7. The renter and homeowner property tax refund return
358	358	must include instructions that the individual filing the return may designate $5 on the return only
359	359	if the individual has not designated $5 on the income tax return.
360	360	Subd. 3a.Qualification of political parties.(a) A major political party qualifies for inclusion
361	361	on the income tax form and property tax refund return as provided in subdivision 3 if it qualifies
362	362	as a major political party by July 1 of the taxable year.
363	363	(b) A minor political party qualifies for inclusion on the income tax form and property tax refund
364	364	return as provided in subdivision 3 if it qualifies as a minor party statewide by July 1 of the taxable
365	365	year.
366	366	(c) The secretary of state shall notify each major and minor political party by the first Monday
367	367	in January of each odd-numbered year of the conditions necessary for the party to participate in
368	368	income tax form and property tax refund return programs.
369	369	(d) The secretary of state shall notify each political party, the commissioner of revenue, and the
370	370	Campaign Finance and Public Disclosure Board by July 1 of each year and following certification
371	371	of the results of each general election of the political parties that qualify for inclusion on the income
372	372	tax form and property tax refund return as provided in subdivision 3.
373	373	Subd. 4.Appropriation.(a) The amounts designated by individuals for the state elections
374	374	campaign account, less three percent, are appropriated from the general fund, must be transferred
375	375	and credited to the appropriate account in the state elections campaign account, and are annually
376	376	appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7. The remaining three percent
377	377	must be kept in the general fund for administrative costs.
378	378	3R
379	379	APPENDIX
380	380	Repealed Minnesota Statutes: 25-05444 (b) In addition to the amounts in paragraph (a), $2,432,000 for each general election is
381	381	appropriated from the general fund for transfer to the general account of the state elections campaign
382	382	account.
383	383	Subd. 5.Allocation.(a) General account. In each calendar year the money in the general
384	384	account must be allocated to candidates as follows:
385	385	(1) 21 percent for the offices of governor and lieutenant governor together;
386	386	(2) 4.2 percent for the office of attorney general;
387	387	(3) 2.4 percent each for the offices of secretary of state and state auditor;
388	388	(4) in each calendar year during the period in which state senators serve a four-year term, 23-1/3
389	389	percent for the office of state senator, and 46-2/3 percent for the office of state representative; and
390	390	(5) in each calendar year during the period in which state senators serve a two-year term, 35
391	391	percent each for the offices of state senator and state representative.
392	392	(b) Party account. In each calendar year the money in each party account must be allocated as
393	393	follows:
394	394	(1) 14 percent for the offices of governor and lieutenant governor together;
395	395	(2) 2.8 percent for the office of attorney general;
396	396	(3) 1.6 percent each for the offices of secretary of state and state auditor;
397	397	(4) in each calendar year during the period in which state senators serve a four-year term, 23-1/3
398	398	percent for the office of state senator, and 46-2/3 percent for the office of state representative;
399	399	(5) in each calendar year during the period in which state senators serve a two-year term, 35
400	400	percent each for the offices of state senator and state representative; and
401	401	(6) ten percent or $50,000, whichever is less, for the state committee of a political party; one-third
402	402	of any amount in excess of that allocated to the state committee of a political party under this clause
403	403	must be allocated to the office of state senator and two-thirds must be allocated to the office of state
404	404	representative under clause (4).
405	405	Money allocated to each state committee under clause (6) must be deposited in a separate account
406	406	and must be spent for only those items enumerated in section 10A.275. Money allocated to a state
407	407	committee under clause (6) must be paid to the committee by the board as it is received in the
408	408	account on a monthly basis, with payment on the 15th day of the calendar month following the
409	409	month in which the returns were processed by the Department of Revenue, provided that these
410	410	distributions would be equal to 90 percent of the amount of money indicated in the Department of
411	411	Revenue's weekly unedited reports of income tax returns and property tax refund returns processed
412	412	in the month, as notified by the Department of Revenue to the board. The amounts paid to each
413	413	state committee are subject to biennial adjustment and settlement at the time of each certification
414	414	required of the commissioner of revenue under subdivisions 7 and 10. If the total amount of payments
415	415	received by a state committee for the period reflected on a certification by the Department of
416	416	Revenue is different from the amount that should have been received during the period according
417	417	to the certification, each subsequent monthly payment must be increased or decreased to the fullest
418	418	extent possible until the amount of the overpayment is recovered or the underpayment is distributed.
419	419	Subd. 5a.Party account for legislative candidates.To ensure that money will be returned to
420	420	the counties from which it was collected and to ensure that the distribution of money rationally
421	421	relates to the support for particular parties or for particular candidates within legislative districts,
422	422	money from the party accounts for legislative candidates must be distributed as provided in this
423	423	subdivision.
424	424	Each candidate for the state senate and state house of representatives whose name is to appear
425	425	on the ballot in the general election must receive money from the candidate's party account allocated
426	426	to candidates for the state senate or state house of representatives, whichever applies, according to
427	427	the following formula:
428	428	For each county within the candidate's district, the candidate's share of the dollars designated
429	429	by taxpayers who resided in that county and credited to the candidate's party account and allocated
430	430	to that office must be:
431	431	4R
432	432	APPENDIX
433	433	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
434	434	district for all candidates of that candidate's party whose names appeared on the ballot statewide
435	435	and for the state senate and state house of representatives, divided by
436	436	(2) the sum of the votes cast in the entire county in the last general election for all candidates
437	437	of that candidate's party whose names appeared on the ballot statewide and for the state senate and
438	438	state house of representatives, multiplied by
439	439	(3) the amount in the candidate's party account designated by taxpayers who resided in that
440	440	county and allocated to that office.
441	441	The sum of all the county shares calculated in the formula above is the candidate's share of the
442	442	candidate's party account.
443	443	In a year in which an election for the state senate occurs, with respect to votes for candidates
444	444	for the state senate only, "last general election" means the last general election in which an election
445	445	for the state senate occurred.
446	446	For a party under whose name no candidate's name appeared on the ballot statewide in the last
447	447	general election, amounts in the party's account must be allocated based on (i) the number of people
448	448	voting in the last general election in that part of the county in the candidate's district, divided by
449	449	(ii) the number of the people voting in the entire county in the last general election, multiplied by
450	450	(iii) the amount in the candidate's party account designated by taxpayers who resided in that county
451	451	and allocated to that office.
452	452	In the first general election after the legislature is redistricted, "the candidate's district" means
453	453	the newly drawn district and voting data from the last general election must be applied to the area
454	454	encompassing the newly drawn district, notwithstanding that the area was in a different district in
455	455	the last general election.
456	456	If in a district there was no candidate of a party for the state senate or state house of
457	457	representatives in the last general election, or if a candidate for the state senate or state house of
458	458	representatives was unopposed, the vote for that office for that party is the average vote of all the
459	459	remaining candidates of that party in each county of that district whose votes are included in the
460	460	sums in clauses (1) and (2). The average vote must be added to the sums in clauses (1) and (2)
461	461	before the calculation is made for all districts in the county.
462	462	Subd. 6.Distribution of party accounts.As soon as the board has obtained from the secretary
463	463	of state the results of the primary election, but no later than one week after certification by the State
464	464	Canvassing Board of the results of the primary, the board must distribute the available money in
465	465	each party account, as certified by the commissioner of revenue one week before the state primary,
466	466	to the candidates of that party who have signed a spending limit agreement under section 10A.322
467	467	and filed the affidavit of contributions required by section 10A.323, who were opposed in either
468	468	the primary election or the general election, and whose names are to appear on the ballot in the
469	469	general election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy
470	470	from the party account may not be paid in an amount greater than the expenditure limit of the
471	471	candidate or the expenditure limit that would have applied to the candidate if the candidate had not
472	472	been freed from expenditure limits under section 10A.25, subdivision 10.
473	473	Subd. 6a.Party account money not distributed.Money from a party account not distributed
474	474	to candidates for state senator or representative in any election year must be returned to the general
475	475	fund of the state, except that the subsidy from the party account an unopposed candidate would
476	476	otherwise have been eligible to receive must be paid to the state committee of the candidate's political
477	477	party to be deposited in a special account under subdivision 5, paragraph (b), clause (6), and used
478	478	for only those items permitted under section 10A.275. Money from a party account not distributed
479	479	to candidates for other offices in an election year must be returned to the party account for
480	480	reallocation to candidates as provided in subdivision 5, paragraph (b), in the following year.
481	481	Subd. 7.Distribution of general account.(a) As soon as the board has obtained the results of
482	482	the primary election from the secretary of state, but no later than one week after certification of the
483	483	primary results by the State Canvassing Board, the board must distribute the available money in
484	484	the general account, as certified by the commissioner of revenue one week before the state primary
485	485	and according to allocations set forth in subdivision 5, in equal amounts to all candidates of a major
486	486	political party whose names are to appear on the ballot in the general election and who:
487	487	(1) have signed a spending limit agreement under section 10A.322;
488	488	(2) have filed the affidavit of contributions required by section 10A.323; and
489	489	5R
490	490	APPENDIX
491	491	Repealed Minnesota Statutes: 25-05444 (3) were opposed in either the primary election or the general election.
492	492	(b) The public subsidy under this subdivision may not be paid in an amount that would cause
493	493	the sum of the public subsidy paid from the party account plus the public subsidy paid from the
494	494	general account to exceed 50 percent of the expenditure limit for the candidate or 50 percent of the
495	495	expenditure limit that would have applied to the candidate if the candidate had not been freed from
496	496	expenditure limits under section 10A.25, subdivision 10. Money from the general account not paid
497	497	to a candidate because of the 50 percent limit must be distributed equally among all other qualifying
498	498	candidates for the same office until all have reached the 50 percent limit or the balance in the general
499	499	account is exhausted.
500	500	Subd. 7a.Withholding of public subsidy.If a candidate who is eligible for payment of public
501	501	subsidy under this section has not filed the report of receipts and expenditures required under section
502	502	10A.20 before a primary election, any public subsidy for which that candidate is eligible must be
503	503	withheld by the board until the candidate complies with the filing requirements of section 10A.20
504	504	and the board has sufficient time to review or audit the report. If a candidate who is eligible for
505	505	public subsidy does not file the report due before the primary election under section 10A.20 by the
506	506	date that the report of receipts and expenditures filed before the general election is due, that candidate
507	507	shall not be paid public subsidy for that election.
508	508	Subd. 7b.Failure to repay.A candidate who fails to repay money required by the agreement
509	509	cannot be paid additional public subsidy funds during the current or future election cycles until the
510	510	entirety of the unexpended funds and any associated collection fees are either repaid to the board
511	511	or discharged by court action.
512	512	Subd. 10.December distribution.In the event that on the date of either certification by the
513	513	commissioner of revenue as provided in subdivision 6 or 7, less than 98 percent of the tax returns
514	514	have been processed, the commissioner of revenue must certify to the board by December 1 the
515	515	amount accumulated in each account since the previous certification. By December 15, the board
516	516	must distribute to each candidate according to the allocations in subdivisions 5 and 5a the amounts
517	517	to which the candidates are entitled.
518	518	Subd. 10a.Form of distribution.A distribution to a candidate must be in the form of a check
519	519	made "payable to the campaign fund of ......(name of candidate)......."
520	520	Subd. 10b.Remainder.Money accumulated after the final certification must be kept in the
521	521	respective accounts for distribution in the next general election year.
522	522	Subd. 11.Write-in candidate.For the purposes of this section, a write-in candidate is a candidate
523	523	only upon complying with sections 10A.322 and 10A.323.
524	524	10A.315 SPECIAL ELECTION SUBSIDY.
525	525	(a) Each eligible candidate for a legislative office in a special election must be paid a public
526	526	subsidy equal to the sum of:
527	527	(1) the party account money at the last general election for the candidate's party for the office
528	528	the candidate is seeking; and
529	529	(2) the general account money paid to a candidate for the same office at the last general election.
530	530	(b) A candidate who wishes to receive this public subsidy must submit a signed agreement
531	531	under section 10A.322 to the board and must meet the contribution requirements of section 10A.323.
532	532	The special election subsidy must be distributed in the same manner as money in the party and
533	533	general accounts is distributed to legislative candidates in a general election.
534	534	(c) The amount necessary to make the payments required by this section is appropriated from
535	535	the general fund for transfer to the state special elections campaign account for distribution by the
536	536	board as set forth in this section.
537	537	10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.
538	538	Subdivision 1.Calculation and certification of estimates.The commissioner of revenue must
539	539	calculate and certify to the board one week before the first day for filing for office in each election
540	540	year an estimate of the total amount in the state general account of the state elections campaign
541	541	account and the amount of money each candidate who qualifies, as provided in section 10A.31,
542	542	subdivisions 6 and 7, may receive from the candidate's party account in the state elections campaign
543	543	account. This estimate must be based upon the allocations and formulas in section 10A.31,
544	544	subdivisions 5 and 5a, any necessary vote totals provided by the secretary of state to apply the
545	545	6R
546	546	APPENDIX
547	547	Repealed Minnesota Statutes: 25-05444 formulas in section 10A.31, subdivisions 5 and 5a, and the amount of money expected to be available
548	548	after 100 percent of the tax returns have been processed.
549	549	Subd. 2.Publication, certification, and notification procedures.Before the first day of filing
550	550	for office, the board must publish and forward to all filing officers the estimates calculated and
551	551	certified under subdivision 1 along with a copy of section 10A.25, subdivision 10. Within one week
552	552	after the last day for filing for office, the secretary of state must certify to the board the name,
553	553	address, office sought, and party affiliation of each candidate who has filed with that office an
554	554	affidavit of candidacy or petition to appear on the ballot. The auditor of each county must certify
555	555	to the board the same information for each candidate who has filed with that county an affidavit of
556	556	candidacy or petition to appear on the ballot. Within two weeks after the last day for filing for
557	557	office, the board must notify all candidates of their estimated minimum amount. The board must
558	558	include with the notice a form for the agreement provided in section 10A.322 along with a copy of
559	559	section 10A.25, subdivision 10.
560	560	10A.322 SPENDING LIMIT AGREEMENTS.
561	561	Subdivision 1.Agreement by candidate.(a) As a condition of receiving a public subsidy, a
562	562	candidate must sign and file with the board a written agreement in which the candidate agrees that
563	563	the candidate will comply with sections 10A.25; 10A.27, subdivision 10; 10A.324; and 10A.38.
564	564	(b) Before the first day of filing for office, the board must forward agreement forms to all filing
565	565	officers. The board must also provide agreement forms to candidates on request at any time. The
566	566	candidate must file the agreement with the board at least three weeks before the candidate's state
567	567	primary. An agreement may not be filed after that date. An agreement once filed may not be
568	568	rescinded.
569	569	(c) The board must notify the commissioner of revenue of any agreement signed under this
570	570	subdivision.
571	571	(d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means of a special
572	572	election and the filing period does not coincide with the filing period for the general election, a
573	573	candidate may sign and submit a spending limit agreement not later than the day after the close of
574	574	the filing period for the special election for which the candidate filed.
575	575	(e) Notwithstanding paragraphs (b) and (d), if a vacancy occurs that will be filled by means of
576	576	a special election called under section 204B.13, subdivision 2, paragraph (c), a candidate may sign
577	577	and submit a spending limit agreement not later than eight calendar days after the general election.
578	578	Subd. 2.How long agreement is effective.The agreement, insofar as it relates to the expenditure
579	579	limits in section 10A.25, as adjusted by section 10A.255, and the contribution limit in section
580	580	10A.27, subdivision 10, remains effective for candidates until the dissolution of the principal
581	581	campaign committee of the candidate or the end of the first election cycle completed after the
582	582	agreement was filed, whichever occurs first.
583	583	10A.323 AFFIDAVIT OF CONTRIBUTIONS.
584	584	(a) In addition to the requirements of section 10A.322, to be eligible to receive a public subsidy
585	585	under section 10A.31 a candidate or the candidate's treasurer must:
586	586	(1) between January 1 of the previous year and the cutoff date for transactions included in the
587	587	report of receipts and expenditures due before the primary election, accumulate contributions from
588	588	individuals eligible to vote in this state in at least the amount indicated for the office sought, counting
589	589	only the first $50 received from each contributor, excluding in-kind contributions:
590	590	(i) candidates for governor and lieutenant governor running together, $35,000;
591	591	(ii) candidates for attorney general, $15,000;
592	592	(iii) candidates for secretary of state and state auditor, separately, $6,000;
593	593	(iv) candidates for the senate, $3,000; and
594	594	(v) candidates for the house of representatives, $1,500;
595	595	(2) file an affidavit with the board stating that the principal campaign committee has complied
596	596	with this paragraph. The affidavit must state the total amount of contributions that have been received
597	597	from individuals eligible to vote in this state, excluding:
598	598	(i) the portion of any contribution in excess of $50;
599	599	7R
600	600	APPENDIX
601	601	Repealed Minnesota Statutes: 25-05444 (ii) any in-kind contribution; and
602	602	(iii) any contribution for which the name and address of the contributor is not known and
603	603	recorded; and
604	604	(3) submit the affidavit required by this section to the board in writing by the deadline for
605	605	reporting of receipts and expenditures before a primary under section 10A.20, subdivision 2.
606	606	(b) A candidate for a vacancy to be filled at a special election for which the filing period does
607	607	not coincide with the filing period for the general election must accumulate the contributions
608	608	specified in paragraph (a) and must submit the affidavit required by this section to the board within
609	609	five days after the close of the filing period for the special election for which the candidate filed.
610	610	(c) Notwithstanding paragraphs (a) and (b), a candidate for a vacancy to be filled at a special
611	611	election called under section 204B.13, subdivision 2, paragraph (c), must accumulate the
612	612	contributions specified in paragraph (a) and must submit the affidavit required by this section to
613	613	the board within 12 calendar days after the general election.
614	614	(d) A candidate or the candidate's treasurer must be able to electronically file the affidavit
615	615	required under this section in the same manner as other reports required by this chapter. The board
616	616	must not require the candidate or candidate's treasurer to notarize the affidavit of contribution.
617	617	10A.324 RETURN OF PUBLIC SUBSIDY.
618	618	Subdivision 1.When return required.A candidate must return all or a portion of the public
619	619	subsidy received from the state elections campaign account or the public subsidy received under
620	620	section 10A.315, under the circumstances in this section or section 10A.257, subdivision 1.
621	621	To the extent that the amount of public subsidy received exceeds the aggregate of: (1) actual
622	622	expenditures made by the principal campaign committee of the candidate; and (2) approved
623	623	expenditures made on behalf of the candidate, the treasurer of the candidate's principal campaign
624	624	committee must return an amount equal to the difference to the board. The cost of postage that was
625	625	not used during an election cycle and payments that created credit balances at vendors at the close
626	626	of an election cycle are not considered expenditures for purposes of determining the amount to be
627	627	returned. Expenditures in excess of the candidate's spending limit do not count in determining
628	628	aggregate expenditures under this paragraph.
629	629	Subd. 3.How return determined.Whether or not a candidate is required under subdivision 1
630	630	to return all or a portion of the public subsidy must be determined from the report required to be
631	631	filed with the board by that candidate by January 31 of the year following an election. An amount
632	632	required to be returned must be submitted in the form of a check or money order and must accompany
633	633	the report filed with the board. The board must deposit the check or money order in the state treasury
634	634	for credit to the general fund. The amount returned must not exceed the amount of public subsidy
635	635	received by the candidate.
636	636	10A.38 CAPTIONING OF CAMPAIGN ADVERTISEMENTS.
637	637	(a) This section applies to a campaign advertisement by a candidate who is governed by an
638	638	agreement under section 10A.322.
639	639	(b) "Campaign advertisement" means a professionally produced visual or audio recording of
640	640	two minutes or less produced by the candidate for the purpose of influencing the nomination or
641	641	election of a candidate.
642	642	(c) A campaign advertisement that is disseminated as an advertisement by broadcast or cable
643	643	television must include closed captioning for deaf and hard-of-hearing viewers, unless the candidate
644	644	has filed with the board before the advertisement is disseminated a statement setting forth the reasons
645	645	for not doing so. A campaign advertisement that is disseminated as an advertisement to the public
646	646	on the candidate's website must include closed captioning for deaf and hard-of-hearing viewers,
647	647	unless the candidate has posted on the website a transcript of the spoken content of the advertisement
648	648	or the candidate has filed with the board before the advertisement is disseminated a statement setting
649	649	forth the reasons for not doing so. A campaign advertisement must not be disseminated as an
650	650	advertisement by radio unless the candidate has posted on the candidate's website a transcript of
651	651	the spoken content of the advertisement or the candidate has filed with the board before the
652	652	advertisement is disseminated a statement setting forth the reasons for not doing so.
653	653	(d) A candidate who fails to comply with the requirements of paragraph (c) is subject to a civil
654	654	penalty imposed by the board of up to $1,000.
655	655	8R
656	656	APPENDIX
657	657	Repealed Minnesota Statutes: 25-05444