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| House | Senate | Joint Departments and Commissions | Bill Search and Status | Statutes, Laws, and Rules |
House Research Bill Summary
File Number: H.F. 2116
Date:
March 30, 2005
Version: First Engrossment
Status: Public Safety Policy and Finance Committee
Authors: Emmer
Subject: Campaign Finance; disclosure, spending and contribution limits
Analyst:
Deborah K. McKnight, Legislative Analyst (651-296-5056)
This publication can be made
available in alternative formats upon request.
Please call 651-296-6753 (voice); or the Minnesota State Relay Service
at 1-800-627-3529 (TTY) for assistance.
Summaries are also available on our website at: www.house.mn/hrd/hrd.htm.
The
bill requires new forms of disclosure, increases a candidate's limits if
specified independent expenditures are made in a race, limits the amount of
independent expenditures a political party can make if it wants to participate
in the political contribution refund program (PCR), places limits on
contributions to political parties, political committees, and political funds,
and provides a feasibility study of an online campaign finance and public
subsidy payment system. Some of the bill's provisions are based on the 2002 federal Bipartisan Campaign Reform
Act (P.L. 107-155) (BCRA), which was upheld on all issues included in this bill
in McConnell v. FEC, 124 S.Ct. 619 (U.S. 2003).
Section |
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1
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Electioneering communication. Defines
this term for Minn. Stat, chapter 10A, the campaign finance law. The term comes from BCRA with
changes to reflect the fact that the bill will cover broadcast and print
messages; BCRA covers only broadcast items.
It applies to communications that identify a candidate and are made 60
days before a general or special election and 30 days before a primary or
special primary, excluding independent expenditures and campaign
expenditures.
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2
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First registration.
Requires a political committee, political fund, principal campaign
committee, or political party unit to register with the board within 48 hours
after receiving or spending more than $100.
Current law requires registration within 14 days of this.
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3
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Coordinated electioneering
contributions.
Provides that if an electioneering
communication is coordinated with a principal campaign committee or party
unit, the communication counts as a contribution to, and an expenditure by,
the candidate or party. Based on
BCRA. |
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4
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Electioneering communications.
Amends the reporting statute. Requires a report within 24 hours after
making aggregate electioneering communication expenditures over $500 within
60 days before a general or special election and within 30 days before a
primary or special primary. Specifies
that the report must indicate the amount of expenditures over $100, the
person to whom the expenditure was made and its purpose, the election or
primary and the candidate identified
in the communication. Based on BCRA, which uses $10,000 as the reporting
threshold for federal elections. |
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5
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Independent expenditures; board
notification.
Requires a report
within 48 hours after making an independent expenditure in an aggregate
amount over $500 at any time up to the 20th day before an
election. Requires the report to
include the information required of other expenditures, the name and office
sought by a candidate named in the independent expenditure, and whether the
independent expenditure expressly advocates the candidate's election or an
opponent's defeat.
Starting the 19th day before an
election, independent expenditures in excess of $100 must be reported within
24 hours after they are made.
The reporting provisions are based on BCRA
except that BCRA uses $10,000 as the threshold amount up to the 20th
day and $1,000 after that.
If the board receives reports indicating
that independent expenditures over ten percent of the spending limits for an
office have been made in a race, it must, within 24 hours, so notify a
candidate who agreed to spending limits and whose defeat was advocated or
whose opponent's election was advocated by the independent expenditures. The candidate's spending limits are then
increased to 125 percent of the statutory limits and the candidate remains
eligible for a public subsidy. |
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6
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Encouraging voter participation.
Requires an individual or association that makes or contracts to make
an expenditure to encourage precinct caucus participation, voter registration,
or voting in aggregate over $200 in a calendar year to file a report with the
board within 24 hours of reaching
that amount. Requires a report of the
amount of each expenditure over $100, the name and address of the person to
whom the expenditure was made, the purpose of the expenditure, and the
primary or election involved. |
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7
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Effect of certain independent
expenditures.
Specifies that a candidate who receives a notice from the board
under section 5 has spending limits increased to 125 percent of the statutory
limits and still is eligible for a public subsidy. |
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8
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Party unit independent expenditures.
Provides that if a party participates in the PCR program it must not
make independent expenditures in a race over $2,000. |
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9
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Contribution limits; political party
units; political committees, political funds.
Puts a $1,000 per
year aggregate limit on contributions to political committees and political
funds .
Puts a $500 per year aggregate limit on
contributions to political party units.
Requires any of these entities that receive
excess contributions during a year to return the excess to the donor to give
it to the board to deposit in the state general fund by January 31 of the
year after the contribution is received. |
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10
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Exceeding contribution limits.
Amends the current penalty for making or receiving an excess candidate
contribution. Adds to this penalty (a
civil fine up to four times the amount of the excess) making or receiving an
excess contribution to a political party unit, political committee, or political
fund. |
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11
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Political party agreement.
Requires a political party unit to sign an agreement to limit
independent expenditures to $2,000 per race in order to participate in the
PCR program. |
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12
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How long agreement is effective.
Makes party unit spending agreements effective through the end of the
first election cycle completed after the agreement is filed. |
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13
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Refund receipt forms; penalty.
Technical. |
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14
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Refund of contributions to political
parties and candidates.
Amends the tax law provision on the PCR to
reflect the party unit spending agreement. |
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15
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Internet campaign reporting and public
subsidy payment study.
Creates a work group to study the feasibility of an online
campaign finance reporting and public subsidy payment system. Members would be appointed by the Speaker,
the Senate Committee on Committees, and the Governor. The board and the Department of Revenue
would provide staff resources.
Requires a report to the legislature by January 15, 2006. |