Subdivision 1. Administrative remedy; exhaustion. (a) Except as provided in paragraph (b), a complaint alleging a violation of chapter 211A or 211B must be filed with the office. The complaint must be finally disposed of by the office before the alleged violation may be prosecuted by a county attorney.
(b) Complaints arising under those sections and related to those individuals and associations specified in section 10A.022, subdivision 3, must be filed with the Campaign Finance and Public Disclosure Board.
Subd. 2. Limitation on filing. The complaint must be filed with the office within one year after the occurrence of the act or failure to act that is the subject of the complaint, except that if the act or failure to act involves fraud, concealment, or misrepresentation that could not be discovered during that one-year period, the complaint may be filed with the office within one year after the fraud, concealment, or misrepresentation was discovered.
Subd. 3. Form of complaint. The complaint must be in writing, submitted under oath, and detail the factual basis for the claim that a violation of law has occurred. The office may prescribe the form of a complaint.
Subd. 4. Proof of claim. The burden of proving the allegations in the complaint is on the complainant. The standard of proof of a violation of section 211B.06, relating to false statements in paid political advertising or campaign material, is clear and convincing evidence. The standard of proof of any other violation of chapter 211A or 211B is a preponderance of the evidence.
Subd. 5. Filing fee; waiver; refund. (a) The complaint must be accompanied by a filing fee of $50, unless filed by a filing officer under section 211A.05, subdivision 2.
(b) The office may waive the payment of the filing fee, if the individual seeking a waiver of the fee files with the office an affidavit stating that the individual is financially unable to pay the fee.
(c) The office may refund the filing fee of a complainant who prevails on the merits.
Subd. 6. Service on respondent. Upon receipt of the filed complaint, the office must immediately notify the respondent and provide the respondent with a copy of the complaint by the most expeditious means available.
2004 c 277 s 7; 2013 c 138 art 1 s 54; 2015 c 73 s 26
Structure Minnesota Statutes
Chapters 200 - 212 — Elections
Chapter 211B — Fair Campaign Practices
Section 211B.01 — Definitions.
Section 211B.02 — False Claim Of Support.
Section 211B.03 — Use Of The Term Reelect.
Section 211B.04 — Campaign Material Must Include Disclaimer.
Section 211B.045 — Noncommercial Signs Exemption.
Section 211B.05 — Paid Advertisements In News.
Section 211B.06 — False Political And Campaign Material.
Section 211B.07 — Undue Influence On Voters Prohibited.
Section 211B.08 — Solicitation Of Contributions Prohibited.
Section 211B.09 — Prohibited Public Employee Activities.
Section 211B.10 — Inducing Or Refraining Candidacy; Time Off For Public Office Meetings.
Section 211B.11 — Election Day Prohibitions.
Section 211B.12 — Legal Expenditures.
Section 211B.13 — Bribery, Treating, And Solicitation.
Section 211B.14 — Digest Of Laws.
Section 211B.15 — Corporate Political Contributions.
Section 211B.16 — Prosecution.
Section 211B.17 — Forfeiture Of Nomination Or Office; Circumstances Where Not Forfeited.
Section 211B.18 — Disqualified Candidate Not To Hold Various Positions.
Section 211B.19 — Penalties For Violation.
Section 211B.20 — Denial Of Access By Political Candidates To Multiple Unit Dwellings.
Section 211B.205 — Participation In Public Parades.
Section 211B.21 — Applicability.
Section 211B.32 — Complaints Of Unfair Campaign Practices.
Section 211B.33 — Prima Facie Review.
Section 211B.34 — Probable Cause Hearing.