Does Minnesota's 1993 campaign finance law (§ 211A.13) ban a candidate for local office from transferring money to or from any other local candidate's campaign committee, or only to campaigns of state and judicial candidates?

Plain-English summary

The 1993 Minnesota Legislature enacted campaign finance reform legislation. As part of it, Minn. Stat. § 211A.13 (Supp. 1993) was added. The first sentence read:

A candidate for political subdivision office must not accept contributions from the principal campaign committee of a candidate as defined in section 10A.01, subdivision 5.

The second sentence read:

A candidate for political subdivision office must not make contributions to a principal campaign committee, unless the contribution is made from the personal funds of the candidate for political subdivision office.

The first sentence was clear: it cross-referenced chapter 10A's definition of "candidate," which covers state offices, legislative offices, and judges of the Minnesota supreme court, court of appeals, and district court. The second sentence was ambiguous. It said "a principal campaign committee" without specifying what kind of candidate's committee. Did the second sentence ban transfers between two local candidates' committees as well?

Hennepin County Attorney Michael O. Freeman asked the AG for the answer. The AG concluded the second sentence carried the same chapter 10A limitation as the first. The ban applied only to transfers between local candidates and the principal campaign committees of chapter 10A state and judicial candidates.

Several construction principles supported that reading. Under Minn. Stat. § 645.08, when a statute uses a term with a "special meaning" (as opposed to a common one), courts look to that special meaning. "Principal campaign committee" was a term of art. It did not appear elsewhere in chapter 211A as a general label for local candidate committees. It did appear in chapter 10A, which required state candidates to designate a single "principal campaign committee" under § 10A.19, subd. 1. The same term used in § 211A.13 most plausibly carried the chapter 10A meaning.

Another textual signal was Minn. Stat. § 290.06, subd. 23 (1992), which gave refundable income tax credits for contributions to "candidates" who designated a principal campaign committee. The definition of "candidate" for that section was limited to chapter 10A candidates. The phrase carried that chapter 10A meaning in tax law too.

Hennepin County itself was a partial exception. Minn. Stat. § 383B.045 (1992) required candidates for local offices in Hennepin County to designate a principal campaign committee. But the AG read this as a local rule for Hennepin County, not as a general indication that the Legislature meant § 211A.13's "principal campaign committee" reference to sweep in all local candidates everywhere. If the Legislature had wanted a special restriction for Hennepin County local candidates, the AG reasoned, it would have placed the restriction in chapter 383B (the Hennepin County chapter), not in a general statute applying to all counties.

The AG also pointed to § 10A.27, subd. 9(c) (Supp. 1993), enacted in the same chapter as § 211A.13. That paragraph forbids a chapter 10A candidate's principal campaign committee from accepting contributions from a local candidate or making contributions to a local candidate, except from personal funds. The AG read § 10A.27 subd. 9(c) and § 211A.13 as mirror images of each other, both regulating the transfer of money between local and state campaigns. Reading the second sentence of § 211A.13 to reach all "principal campaign committees" would have created an asymmetry: local candidates could not give to other local candidates' committees, but other local candidates' committees could give to them, which the AG called an "absurd result" disfavored under § 645.17(1).

The bottom line: § 211A.13 prohibited transfers between local-office candidates and chapter 10A candidates' campaign committees in both directions. It did not address transfers between two local candidates' committees, which were governed by other chapter 211A provisions and by local ordinances where applicable.

Currency note

This opinion was issued in 1994. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical context: what the AG concluded

The opinion is a textbook example of statutory construction by canon. The Legislature had used the term "principal campaign committee" twice in the same section. The first use was explicitly limited to chapter 10A. The second use was not explicitly limited. The AG had to decide whether the second use carried the first use's limitation or stood as a broader, freestanding term.

The AG's analysis worked through five construction signals:

1. Minn. Stat. § 645.08(1) (technical terms construed by their "special meaning") meant that "principal campaign committee" should be read against its chapter 10A meaning, not as a generic phrase.
2. Section 211A elsewhere did not define or require any "principal campaign committee" for local candidates. So there was no internal chapter 211A meaning that could attach to the second sentence's term.
3. The Hennepin County chapter (§ 383B.045) imposed a similar requirement on local candidates in that county, but the AG read this as a special-legislation exception rather than a general indication that the Legislature meant local candidates to be covered statewide.
4. Section 10A.27, subd. 9(c), enacted in the same 1993 chapter (chapter 318, article 2) as § 211A.13, was the mirror provision regulating chapter 10A candidates' transfers in the other direction.
5. Reading § 211A.13's second sentence broadly would have produced an asymmetric ban that the AG found absurd: local candidates could not contribute to other local candidates' committees, but other local candidates' committees could contribute to them.

The opinion was careful to note one cross-reference where "principal campaign committee" did appear in chapter 211B (the campaign disclaimer subchapter). Section 211B.04 (1992) required campaign literature to include a disclaimer identifying the source. The disclaimers there contemplated "a person or committee other than a principal campaign committee," and the AG read this as merely a drafting convenience rather than an indication that local candidates were expected to have principal campaign committees in any general sense.

Common questions

Q: After this opinion, could a candidate for city council give money to another candidate for city council in Minnesota?
A: Section 211A.13 did not prohibit it. The AG concluded the statute only restricted transfers between local candidates and state or judicial candidate principal campaign committees. Local-to-local transfers were governed by other rules (general chapter 211A reporting and contribution limits, plus any local ordinances).

Q: Could a candidate for governor's principal campaign committee accept money from a city council candidate's campaign account?
A: No. Section 10A.27, subd. 9(c) prohibited that direction of transfer outright, except where the contribution came from the local candidate's personal funds.

Q: Could a candidate for state senate transfer leftover campaign funds to a candidate for county commissioner?
A: No. The same § 10A.27, subd. 9(c) bar applied.

Q: Did the rule for Hennepin County local candidates differ?
A: Hennepin County local candidates were required to designate principal campaign committees under Minn. Stat. § 383B.045 (1992), but the AG concluded this Hennepin County designation did not put those candidates within § 211A.13's coverage. The transfer ban still applied only to chapter 10A committees.

Q: What was the policy reason for the ban?
A: The 1993 reform was aimed at limiting the flow of money from state campaigns (which were subject to chapter 10A's tighter contribution limits and disclosure rules) into local campaigns (which had fewer restrictions), and the reverse. The AG read both § 10A.27, subd. 9(c) and § 211A.13 as mirror provisions enforcing this separation.

Q: Was the AG's reading binding on the Campaign Finance Board?
A: Minnesota AG opinions are advisory, not binding. The Campaign Finance Board and prosecutors typically followed AG opinions, but a court could disagree if a case ever reached judicial review.

Background and statutory framework

Chapter 10A governed state-level campaign finance and lobbying. Section 10A.01, subd. 5 defined "candidate" as an individual seeking nomination or election to a statewide or legislative office (where federal reporting was not required) or to a Minnesota supreme court, court of appeals, or district court judgeship. Section 10A.19 required each chapter 10A candidate to designate a single principal campaign committee. Section 10A.27 set chapter 10A contribution limits and other rules.

Chapter 211A governed local-level campaign finance (with certain provisions in §§ 211A.01-211A.054 and 211A.07 also applying to congressional candidates). It did not generally require local candidates to designate principal campaign committees, and it did not define the term "principal campaign committee."

Chapter 211B governed campaign practices, including the disclaimers required on campaign literature.

Chapter 383B was special legislation for Hennepin County. Section 383B.045 required each candidate for local office in Hennepin County to designate a "principal campaign committee," importing a chapter-10A-style requirement at the county level.

Section 645.08 set rules for construing statutes, including the rule that technical terms with a "special meaning" are construed by that meaning. Section 645.17(1) presumed against absurd results.

The AG's opinion read these provisions together to confine § 211A.13's reach to chapter 10A committees, despite the ambiguity in the second sentence.

Citations and references

Statutes:
- Minn. Stat. § 10A.01, subd. 5 (1992) (definition of chapter 10A candidate)
- Minn. Stat. § 10A.19, subd. 1 (Supp. 1993) (principal campaign committee designation)
- Minn. Stat. § 10A.27, subd. 9(c) (Supp. 1993) (mirror provision on transfers)
- Minn. Stat. § 211A.13 (Supp. 1993) (local candidate transfer restriction)
- Minn. Stat. § 211B.04 (1992) (campaign literature disclaimers)
- Minn. Stat. § 290.06, subd. 23 (1992) (income tax credit for political contributions)
- Minn. Stat. § 383B.045 (1992) (Hennepin County local candidate principal campaign committees)
- Minn. Stat. § 645.08 (statutory construction rules)
- Minn. Stat. § 645.17(1) (presumption against absurd results)
- Act of May 20, 1993, ch. 318, art. 2, §§ 28, 47 (1993 Minn. Laws pp. 1895, 1902)

Source

• Landing page: https://www.ag.state.mn.us/Office/Opinions/
• Original PDF: https://www.ag.state.mn.us/Office/Opinions/627e-19940801.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

CAMPAIGN CONTRIBUTIONS: Candidates for local office prohibited from transferring funds to other candidates for local office. Minn. Stat. § 211A.13 (Supp. 1993).

627e
August 1, 1994
(Cr. Ref. 627g)

Michael O. Freeman
Hennepin County Attorney
C-2000 Government Center
Minneapolis, MN 55487

Dear Mr. Freeman:

In your letter to Attorney General Hubert H. Humphrey III, you present substantially the following:

FACTS

The Minnesota legislature enacted campaign finance reform legislation during the 1993 session. As part of this legislation, Minn. Stat. Chap. 211A was amended to include a new section, codified at Minn. Stat. § 211A.13 (Supp. 1993):

A candidate for political subdivision office must not accept contributions from the principal campaign committee of a candidate as defined in section 10A.01, subdivision 5. A candidate for political subdivision office must not make contributions to a principal campaign committee, unless the contribution is made from the personal funds of the candidate for political subdivision office.

The first sentence of Section 211A.13 appears to prohibit candidates for political subdivision office from accepting contributions only from Minn. Stat. § 10A.01, subd. 5 candidates' principal campaign committees. However the second sentence does not expressly limit its prohibition to contribution to "principal campaign committee[s]" of any particular class of "candidates."

You then ask substantially the following:

QUESTION

Is Section 211A.13 intended to limit candidates for local office from contribution to all principal campaign committees or only the principal campaign committees of Chapters 10A candidates?

OPINION

It is our view that the prohibition of Section 211A.13 is limited to transfers between candidates for political subdivision office and the principal campaign committees of candidates as defined in Minn. Stat. § 10A.01, subd. 5 (1992). According to Minn. Stat. § 645.08, when construing statutes:

(1) Words and phrases are construed according to rules of grammar and according to their common and approved usage; but technical words and phrases and such others as have acquired a special meaning, or are defined in this chapter, are construed according to such special meaning of their definition;

(3) General words are construed to be restricted in their meaning by preceding particular words;

It does not appear that the term "principal campaign committee" has any particular common and approved usage in society at large, or was used by the legislature in section 211A.13 any generic sense. Rather it appears that the term was intended as a term of art whose "special meaning" must be gleaned from other sources. The term is not defined in chapter 211A, except insofar as its use is limited in the first sentence of Section 211A.13 to chapter 10A candidates. Nor is it used in other sections of chapter 211A which deals with candidates for election to local offices. Thus there is no indication that the legislature used the term in any belief that it had particular meaning as applied to local candidates generally. Rather, in virtually all other places in general law where the term is used unambiguously, its meaning is confined to committees for candidates covered by Minn. Stat. ch. 10A.

Minn. Stat. § 10A.19, subd. 1 (Supp. 1993) provides:

Subdivision 1. No candidate shall accept contributions from any source, other than self, in aggregate in excess of $100 or accept a public subsidy unless the candidate designates and causes to be formed a single principal campaign committee for each office sought. A candidate may not authorize, designate, or cause to be formed any other political committee bearing the candidate's name or title or otherwise operating under the direct or indirect control of the candidate. However, a candidate may be involved in the direct or indirect control of a party unit as defined in section 10.275, subdivision 3.

Id. (Emphasis added.)

"Candidate" for purposes of chapter 10A is defined as:

an individual who seeks nomination or election to any statewide or legislative office for which reporting is not required under federal laws. The term candidate shall also include an individual who seeks nomination or election to supreme court, court of appeals, or district court judgeships of the state.

Minn. Stat. § 10A.01, subd. 5 (1992). There appears no comparable requirement or reference to "principal campaign committees" in chapter 211A or other general statutes dealing specifically with local election campaigns. Thus, it appears that, as a general proposition, candidates for local elected offices might or might not choose to utilize a single or principal campaign committee. In such circumstances, we perceive no reason why the legislature would intend to prohibit local candidates from contributing to the campaign of another local candidate only if he or she has established a "principal campaign committee."

We are aware that Minn. Stat. § 383B.045 (1992) requires each "candidate" for local offices in Hennepin County to designate a "principal campaign committee." However, that section only applies to local governments within Hennepin County. If the legislature had intended to impose a particular restriction upon candidates for local offices only in Hennepin County, it is much more likely that such restrictions would have been imposed within the context of Minn. Stat. ch. 383B relating to Hennepin County rather than in general law pertaining to all counties.

Thus, it seems most likely that, in prohibiting candidates for local office from contributing funds to a "principal campaign committee," the legislature intended that the term be given the same meaning as that used in the first sentence of the section.

Acceptance of that meaning will also avoid an inconsistency which would result if the section were read to permit local campaigns to receive contributions from other local candidates' committees, but forbid other local candidates from making the same contribution.

This construction is further supported by reading section 211A.13 in conjunction with section 10A.27, subd. 9(c) (Supp. 1993) which was enacted in the same chapter as section 211A.13. That paragraph provides that:

(c) A candidate or the treasurer of a candidate's principal campaign committee shall not accept a contribution from a candidate for political subdivision office, unless the contribution is from the personal funds of the candidate for political subdivision office. A candidate or the treasurer of a candidate's principal campaign committee shall not make a contribution from the principal campaign committee to a candidate for political subdivision office.

This paragraph would appear intended as the mirror image of section 211A.13; both prohibiting transfers between candidates for local office and the campaigns of candidates for state offices. Note also that in this paragraph, as well as in other provisions of chapter 318, article 2, the term "principal campaign committee" is used only when referring to chapter 10A candidates and not when referring to a "candidate for political subdivision office."

For these reasons, it is our opinion that Minn. Stat. § 211A.13 (1992) prohibits transfers of funds between candidates for local office and principal campaign committees of chapter 10A candidates but, does not address transfers between candidates for political subdivision office or their campaign committees.

Best regards,

HUBERT H. HUMPHREY III
Attorney General

KENNETH E. RASCHKE, JR.
Assistant Attorney General