2001 Communication on Charter Commission

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Campaign Reporting Requirements for Charter Subject: RE: Campaign Reporting Requirements for Charter Date: Tue, 4 Sep 2001 14:14:16 -0500 From: "Joel J. Jamnik" <Joel@ck-law.com> To: "'Dean T. Maschka"' <dmaschka@gwest.net> Dean, G C, C.6 tA.w L L R ~ ~ s~,.d5 . ~-I~.~,^~i,~c~.Q The short answer is that the campaign reporting requirements for Charter proponents and opponents are the substantially the same as they are for candidates and candidate committees, except that it appears there is no effective limit on the amount an individual or a corporation can spend to influence the outcome of a ballot question. Campaign Activities State law defines "committee" as two or more persons acting together or a corporation or association acting to influence the nomination, election, or defeat of a candidate or to promote or defeat a ballot question. (211B.01 Subd. 4). Failure to provide the disclaimer is a misdemeanor. All campaign literature must include disclaimer, whether it is prepared by an individual or committee (211B 04) A person is guilty of a gross misdemeanor who intentionally participates in the preparation, dissemination, or broadcast of paid political advertising or campaign material with respect to the personal or political character or acts of a candidate, or with respect to the effect of a ballot question, that is designed or tends to elect, injure, promote, or defeat a candidate for nomination or election to a public office or to promote or defeat a ballot question, that is false, and that the person knows is false or communicates to others with reckless disregard of whether it is false (211B.06 Subdivision lA) . A person is guilty of a misdemeanor who intentionally participates in the drafting of a letter to the editor with respect to the personal or political character or acts of a candidate, or with respect to the effect of a ballot question, that is designed or tends to elect, injure, promote, or defeat any candidate for nomination or election to a public office or to promote or defeat a ballot question, that is false, and that the person knows is false or communicates to others with reckless disregard of whether it is false (211B.06 Subdivision lA) . Important exception: One notable difference exists regarding the political activities of a corporation on behalf of candidates and ballot questions. While a corporation generally can not make contributions to candidates, a corporation may make contributions or expenditures to promote or defeat a ballot question, to qualify a question for placement on the ballot unless otherwise prohibited by law, or to express its views on issues of public concern (211B.15, Subd. 4). The disclaimer law still applies to these activities, so anonymity should not be a problem, except under extreme circumstances where a corporation is formed as a shell for the purpose of affecting an election. Campaign Contributions limits As you know, generally a candidate or a candidate's committee may not accept aggregate contributions made or delivered by an individual or committee in excess of $300 in an election year for the office sought and $100 in other years (M.S. 211A.12) However, this section does not appear to limit contributions for ballot questions. Because this section also specifies i of3 9/4/2001 3:45 ~~!