Minnesota Statutes 10A.12 – Political Funds
Subdivision 1.When required for contributions and approved expenditures.
An association other than a political committee or party unit may not contribute more than $750 in aggregate in any calendar year to candidates, local candidates, political committees, or party units or make approved expenditures of more than $750 in aggregate in any calendar year unless the contribution or expenditure is made through a political fund.
Subd. 1a.When required for independent expenditures or ballot questions.
Terms Used In Minnesota Statutes 10A.12
- Association: means a group of two or more persons, who are not all members of an immediate family, acting in concert. See Minnesota Statutes 10A.01
- Ballot question: means a question or proposition that is placed on the ballot and that may be voted on by:
(1) all voters of the state;
(2) all voters of Hennepin County;
(3) all voters of any home rule charter city or statutory city located wholly within Hennepin County and having a population of 75,000 or more; or
(4) all voters of Special School District No. See Minnesota Statutes 10A.01
- Ballot question political committee: means a political committee that makes only expenditures to promote or defeat a ballot question and disbursements permitted under section 10A. See Minnesota Statutes 10A.01
- Ballot question political fund: means a political fund that makes only expenditures to promote or defeat a ballot question and disbursements permitted under section 10A. See Minnesota Statutes 10A.01
- Board: means the state Campaign Finance and Public Disclosure Board. See Minnesota Statutes 10A.01
- Contribution: includes a loan or advance of credit to a political committee, political fund, principal campaign committee, local candidate, or party unit, if the loan or advance of credit is: (1) forgiven; or (2) repaid by an individual or an association other than the political committee, political fund, principal campaign committee, local candidate, or party unit to which the loan or advance of credit was made. See Minnesota Statutes 10A.01
- Depository: means a bank, savings association, or credit union organized under federal or state law and transacting business within this state. See Minnesota Statutes 10A.01
- Election: means a primary, special primary, general, or special election. See Minnesota Statutes 10A.01
- expenditure: includes the dollar value of a donation in kind. See Minnesota Statutes 10A.01
- General treasury money: means money that an association other than a principal campaign committee, party unit, or political committee accumulates through membership dues and fees, donations to the association for its general purposes, and income from the operation of a business. See Minnesota Statutes 10A.01
- Independent expenditure: means an expenditure expressly advocating the election or defeat of a clearly identified candidate or local candidate, if the expenditure is made without the express or implied consent, authorization, or cooperation of, and not in concert with or at the request or suggestion of, any candidate or any candidate's principal campaign committee or agent or any local candidate or local candidate's agent. See Minnesota Statutes 10A.01
- party unit: means the state committee, the party organization within a house of the legislature, or any other party organization designated by the chair of the political party in an annual certification of party units provided to the board. See Minnesota Statutes 10A.01
- Person: means an individual, an association, a political subdivision, or a public higher education system. See Minnesota Statutes 10A.01
- Political committee: means an association whose major purpose is to influence the nomination or election of one or more candidates or local candidates or to promote or defeat a ballot question, other than a principal campaign committee, local candidate, or a political party unit. See Minnesota Statutes 10A.01
- Political fund: means an accumulation of dues or voluntary contributions by an association other than a political committee, principal campaign committee, or party unit, if the accumulation is collected or expended to influence the nomination or election of one or more candidates or local candidates or to promote or defeat a ballot question. See Minnesota Statutes 10A.01
Terms Used In Minnesota Statutes 10A.12
- Association: means a group of two or more persons, who are not all members of an immediate family, acting in concert. See Minnesota Statutes 10A.01
- Ballot question: means a question or proposition that is placed on the ballot and that may be voted on by:
(1) all voters of the state;
(2) all voters of Hennepin County;
(3) all voters of any home rule charter city or statutory city located wholly within Hennepin County and having a population of 75,000 or more; or
(4) all voters of Special School District No. See Minnesota Statutes 10A.01
- Ballot question political committee: means a political committee that makes only expenditures to promote or defeat a ballot question and disbursements permitted under section 10A. See Minnesota Statutes 10A.01
- Ballot question political fund: means a political fund that makes only expenditures to promote or defeat a ballot question and disbursements permitted under section 10A. See Minnesota Statutes 10A.01
- Board: means the state Campaign Finance and Public Disclosure Board. See Minnesota Statutes 10A.01
- Contribution: includes a loan or advance of credit to a political committee, political fund, principal campaign committee, local candidate, or party unit, if the loan or advance of credit is: (1) forgiven; or (2) repaid by an individual or an association other than the political committee, political fund, principal campaign committee, local candidate, or party unit to which the loan or advance of credit was made. See Minnesota Statutes 10A.01
- Depository: means a bank, savings association, or credit union organized under federal or state law and transacting business within this state. See Minnesota Statutes 10A.01
- Election: means a primary, special primary, general, or special election. See Minnesota Statutes 10A.01
- expenditure: includes the dollar value of a donation in kind. See Minnesota Statutes 10A.01
- General treasury money: means money that an association other than a principal campaign committee, party unit, or political committee accumulates through membership dues and fees, donations to the association for its general purposes, and income from the operation of a business. See Minnesota Statutes 10A.01
- Independent expenditure: means an expenditure expressly advocating the election or defeat of a clearly identified candidate or local candidate, if the expenditure is made without the express or implied consent, authorization, or cooperation of, and not in concert with or at the request or suggestion of, any candidate or any candidate's principal campaign committee or agent or any local candidate or local candidate's agent. See Minnesota Statutes 10A.01
- party unit: means the state committee, the party organization within a house of the legislature, or any other party organization designated by the chair of the political party in an annual certification of party units provided to the board. See Minnesota Statutes 10A.01
- Person: means an individual, an association, a political subdivision, or a public higher education system. See Minnesota Statutes 10A.01
- Political committee: means an association whose major purpose is to influence the nomination or election of one or more candidates or local candidates or to promote or defeat a ballot question, other than a principal campaign committee, local candidate, or a political party unit. See Minnesota Statutes 10A.01
- Political fund: means an accumulation of dues or voluntary contributions by an association other than a political committee, principal campaign committee, or party unit, if the accumulation is collected or expended to influence the nomination or election of one or more candidates or local candidates or to promote or defeat a ballot question. See Minnesota Statutes 10A.01
An association other than a political committee that makes only independent expenditures or expenditures to promote or defeat a ballot question must do so through an independent expenditure or ballot question political fund if the independent expenditures aggregate more than $1,500 in a calendar year or if the expenditures to promote or defeat a ballot question aggregate more than $5,000 in a calendar year, or by contributing to an existing independent expenditure or ballot question political committee or fund.
Subd. 1b.Penalty for noncompliant independent expenditure.
An association that makes an independent expenditure without complying with subdivision 1a is subject to a civil penalty of up to four times the amount of the independent expenditure, but not to exceed $25,000, except when the violation was intentional.
Subd. 2.Commingling prohibited.
The contents of an association’s political fund may not be commingled with other funds or with the personal funds of an officer or member of the association or the fund. It is not commingling for an association that uses only its own general treasury money to make expenditures and disbursements permitted under section 10A.121, subdivision 1, directly from the depository used for its general treasury money. An association that accepts more than $1,500 in aggregate in contributions to influence the nomination or election of candidates or local candidates or more than $5,000 in contributions to promote or defeat a ballot question must establish a separate depository for those contributions.
Subd. 3.Treasurer.
An association that has a political fund must elect or appoint a treasurer of the political fund.
Subd. 4.Treasurer vacancy.
A political fund may not accept a contribution or make an expenditure or contribution from the political fund while the office of treasurer of the political fund is vacant.
Subd. 5.Dues or membership fees.
An association may, if not prohibited by other law, deposit in its political fund money derived from dues or membership fees. Under section 10A.20, the treasurer of the fund must disclose the name of any member whose dues, membership fees, and contributions deposited in the political fund together exceed $200 in a year.
Subd. 6.Penalty.
A person who knowingly violates this section is subject to a civil penalty imposed by the board of up to $1,000.