2001 Communication on Charter Commission

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,1, that it supersedes any home rule charter, Council action to regulate contributions for ballot questions is likely preempted. Campaign Reporting According to M.S. 211A.02 Subdivision 1(a), A committee (a corporation or association or persons acting together to influence the nomination, election, or defeat of a candidate or to promote or defeat a ballot question (a proposition placed on the ballot to be voted on by the voters of one or more political subdivisions but not by all the voters of the state-211A.01, Subds. 2 and 4) or a candidate who receives contributions or makes disbursements of more than $750 in a calendar year shall submit an initial report to the filing officer (city clerk) within 14 days after the candidate or committee receives or makes disbursements of more than $750 and shall continue to make the reports listed in paragraph (b) until a final report is filed. Also according to that law, the committee or candidate must file a report by January. 31 of each year following the year when the initial report was filed and in a year when the candidate's name or a ballot question appears on the ballot, the candidate or committee shall file a report: (1) ten days before the primary or special primary; (2) ten days before the general election or special election; and (3) 30 days after a general or special election. The report to be filed by a candidate or committee must include: (1) the name of the candidate or ballot question; (2) the name and address of the person responsible for filing the report; (3) the total amount of receipts and expenditures for the period from the last previous report to five days before the current report is due; (4) the purpose for each expenditure; and (5) the name of any individual or committee that during the year has made one or more contributions that in the aggregate are equal to or greater than $500. Under M.S. 211A.05 Subd. 1 a candidate who intentionally fails to file a report required by section 211A.02 is guilty of a misdemeanor. The treasurer of a committee formed to promote or defeat a ballot question who intentionally fails to file a report required by section 211A.02 is guilty of a misdemeanor. Each candidate or treasurer of a committee formed to promote or defeat a ballot question shall certify to the filing officer that all reports required by section 211A.02 have been submitted to the filing officer or that the candidate or committee has not received contributions or made disbursements exceeding $750 in the calendar year. The certification shall be submitted to the filing officer no later than seven days after the general or special election. The secretary of state shall prepare blanks for this certification. An officer who issues a certificate of election to a candidate who has not certified that all reports required by section 211A02 have been filed is guilty of a misdemeanor. 2 of 3 9/4/2001 3:45 PM