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Anoka County Elections & Voter Registration 325 East Main Street, Suite 130 Anoka MN 55303-5031 Website: www.anokacounty.us/elections Email: [EMAIL REDACTED] Phone: [PHONE REDACTED]/Fax: [PHONE REDACTED] 2013 Candidate Filing Packet Anoka – Hennepin Independent School District No. 11 School Board Director ---PAGE BREAK--- 2 CONTENTS 1.0 Introduction 1.1 Forms and Materials Provided 2.0 Filing for Office 2.1 Offices to be Elected in 2013 2.2 Qualifications for Office 2.3 Filing Period 2.4 Filing Location 2.5 Filing Fee 2.6 Affidavit of Candidacy and Other Required Materials 2.7 Candidate Withdrawal 2.8 Candidate Information 3.0 Financial Reporting 3.1 Where to file Reports 3.2 Campaign Finance Reports Available to the Public 3.3 Campaign Financial Report Requirements and Filing Dates 3.4 Tax Filing Requirements 4.0 Campaign Tools 4.1 Maps 4.2 Precinct Finder 4.3 Registered Voter Lists 4.4 Voter Registration Applications (VRA) 4.5 Automatic Dialing Device Laws 5.0 Political Signs 5.1 Statutory Sign Placement Restrictions 5.2 Municipal Sign Placement Restrictions 5.3 Determining Rights-of-Way 5.4 Removal of Campaign Signs 6.0 Election Results The Anoka County Elections Department has entered into a contract with Anoka – Hennepin School District No. 11 to conduct the 2013 School Board Election. Please direct all questions regarding candidate filing, or elections in general to: Anoka County Office of Elections and Voter Registration 325 E Main St Suite W130 Anoka MN 55303 Phone: (763) 323-5275 Fax: (763) 422-7526 Website: www.anokacounty.us/elections Email: [EMAIL REDACTED] ---PAGE BREAK--- 3 1.0 Introduction This packet contains information for candidates seeking election to School Board offices. It contains forms you will need to complete and information about resources available to you. Also included is a copy of the 2012 Campaign Manual produced by the Minnesota Secretary of State. 1.1 Forms and Materials Provided Copies of the forms and materials listed here have been included in this packet for your convenience. Note that you will need to complete multiple copies of some attachments. Please reproduce as needed. Many attachments are available on the website of the Minnesota Secretary of State at www.sos.state.mn.us. Forms Required for Candidate Filing Affidavit of Candidacy Address of Residence Form Candidate Name Pronunciation Form (completed by staff at time of filing) Candidate Information Form Candidate Withdrawal Form Financial Reporting Forms Campaign Financial Report Certification of Filing Campaign Financial Report IRS Tax Filing Requirements Campaign Forms and Information Map of Anoka County School Districts Anoka County Geographic Information Systems (GIS) Fee Schedule Secretary of State Map Order Form Secretary of State Precinct Finder and Polling Place List Request Secretary of State Voter Registration List and Labels Request Voter Registration Application Minnesota’s Automatic Dialing-Announcing Device Law Campaign Sign Placement Fact Sheet Campaign Sign Memo from MNDot 2012 Campaign Manual ---PAGE BREAK--- 4 2.0 Filing for Office 2.1 Offices to be Elected in 2013 Three School Board Director seats are scheduled for the election to be held November 5, 2013; School Board Director Subdistrict 3, School Board Director Subdistrict 4 and School Board Director Subdistrict 6. All offices are non-partisan; terms are for four years beginning in January of 2014. Candidates must be eligible voters in the State of Minnesota, twenty-one (21) years of age and must reside in the subdistrict for which the candidate is filing as of October 4, 2013. 2.2 Qualifications for Office Candidates for office must be eligible voters and at least 21 years old when assuming office. They must have resided in their districts for at least 30 days prior to the general election. 2.3 Filing Period The filing period is July 30, 2013 through August 12, 2013 between 8:00 a.m. - 4:30 p.m and from 8:00 a.m. – 5:00 p.m. on August 13, 2013. Candidates who will be absent from the state during the filing period may arrange with the Anoka County Office of Elections and Voter Registration to file prior to departure. 2.4 Filing Location Anoka County Elections and Voter Registration 325 East Main Street, Suite W130 Anoka MN 55303 2.5 Filing Fee Candidates must pay a filing fee at the time of filing their affidavit of candidacy. Candidates who provide the filing fee by check or other instrument for which sufficient funds are not available will have their names removed from the ballot and are liable for all costs incurred by election officials in removing their names from the ballot. Filing Fee Amounts School Board Member $2.00 2.6 Affidavit of Candidacy and Other Required Materials All candidates must file an affidavit of candidacy for office. Candidates must state that the name listed on their affidavit is their true name by which they are commonly known in the community. Affidavits must be signed in the presence of a notary or an individual authorized to administer oaths. Staff of the Anoka County Elections Office can perform this function. 2.7 Candidate Withdrawal Affidavits of withdrawal are due no later than 5:00 p.m. on August 15, 2013. The filing fee is not refundable. ---PAGE BREAK--- 5 2.8 Candidate Information Candidate Name Pronunciation Form – A ballot marking device is available to voters with disabilities in every precinct. One of the features of the unit is an “auditory ballot” where a sight-impaired voter can listen to the content of the ballot and mark their votes using a Braille keypad. It is important that each candidate’s name be pronounced correctly. All candidates will be asked to complete a Candidate Name Pronunciation Form at the time of filing. A Candidate Information Form produced by the Secretary of State is enclosed. Completion of the form is voluntary. Candidates may submit the form to the Anoka County Elections Office for general information purposes. Information provided by candidates at the time of filing will be posted on the website of the MN Secretary of State. Be advised that subsequent changes to that information may be made, but may not appear for 2- 3 days after submission to this office. Therefore, please review all information provided carefully to ensure contact numbers, email addresses, etc. are correct at the time of filing. 3.0 Financial Reporting All candidates must comply with laws and regulations regarding disclosure of financial activities. In general, candidates must report campaign contributions and expenditures. Please refer to the 2012 Campaign Manual for more detailed information. 3.1 Where to file Reports Reports for School District offices must be submitted to: Anoka County Office of Elections and Voter Registration 325 East Main Street, Suite W130 Anoka MN 55303 3.2 Campaign Finance Reports Available to the Public Campaign Finance Reports are classified as public under the MN Data Practices Act and are often requested by fellow candidates and members of the general public. Campaign Finance Reports submitted by candidates will be available to the general public on the Anoka County Elections Department website. 3.3 Campaign Financial Report Requirements and Filing Dates ALL candidates must file the “Certification of Filing Campaign Financial Reports” form due on November 15, 2013. Candidates who raise or spend $750 or more must file all of the reports listed below, including the “Certification of Filing Campaign Finance Reports” form due on November 15, 2013. Initial report - An initial report must be filed within 14 days after a candidate or committee raises or spends more than $750. Additional required reports must be filed once an initial report is filed. ---PAGE BREAK--- 6 Pre-general report – Due October 25, 2013 Due 10 days before the general election or special election. This report covers the period from where the pre-primary report left off up to 5 days before when it is due. Certification of Filing – Due November 12, 2013 Due 7 days after the general or special election. ALL candidates must file this report regardless of whether the candidate or committee raises or spends enough to file an initial report. It indicates to the filing officer that either all the required campaign reports have been filed or the candidate or committee did not raise or spend more than $750 in the calendar year. Post-general report – December 5, 2013 Due 30 days after a general or special election. This report covers the period from where the pre- general report left off up to 5 days before when it is due. Year-end report – January 31, 2014 A year-end report is due on January 31 of each year following the year when the initial report is filed. Additional reports are required in a year when the candidate’s name or the ballot question a committee is working for or against appears on the ballot. Final report A candidate or committee may file a final report once all debts are paid and all assets in excess of $100 in the aggregate are disposed of. Filing a final report ends campaign reporting activity, but a new initial report must be filed if the candidate or committee raises or spends more than $750 after this point. 3.4 Tax Filing Requirements An IRS Fact Sheet of Tax Filing Requirements for Political Organizations is attached for your information. For more information contact the IRS or your tax accountant. 4.0 Campaign Tools A number of tools to assist you in your campaign activities are available. 4.1 Maps A map of your School District is included in this packet. More detailed maps of your election districts are available from the following sources: Anoka County Geographic Information System (GIS): More detailed maps are available through the Anoka County Geographic Information System (GIS) department. Visit the GIS department located in Room 225 of the Anoka County Government Center or contact them by phone at [PHONE REDACTED]. See attached order form on prices and available formats. Minnesota Secretary of State: Maps showing legislative, county, city, township, and school district boundaries are available through the Minnesota Secretary of State’s office. See attached order form. ---PAGE BREAK--- 7 4.2 Precinct Finder The “precinct finder” contains voting districts by street name and house number ranges. By looking up a certain address, users can identify various voting districts associated with that address. Voting districts include precinct, ward, MCD code, county number, congressional, legislative, state senate, judicial, county commissioner, city/township, school district and county determined special districts. You may purchase the precinct finder database from the Office of the Secretary of State. See attached order form for prices and available formats. 4.3 Registered Voter Lists You may purchase a database containing voter registration information including name, address, telephone number, and voting history. This data is available only to those conducting activities related to elections, political activities, or law enforcement. The use of voter registration information for other purposes and dissemination of the information to others is a violation of Minnesota law. To find out more information on these resources, please see the attached forms for fee schedules and formats of the databases. You may also contact the Secretary of State’s office by phone at [PHONE REDACTED]. 4.4 Voter Registration Applications (VRA) Minnesota law allows any person or group to distribute and collect Voter Registration Applications. Applications are available at the Anoka County Elections Office or at the Office of the Secretary of State. Persons distributing VRA’s should be aware of the following: If a person is already registered, they do not need to complete a new Voter Registration Application unless they have moved or changed their name. VRA’s may be returned in person or by mail. They are pre-addressed to be returned to Anoka County Elections. Pre-registration is allowed until 21 days prior to an election. VRAs must be physically in our office on the cut-off date in order for the person’s name to be printed on the polling place rosters. The pre-registration cut-off date for the November 5, 2013 General Election is October 15, 2013 at 5:00 p.m. Persons who do not pre-register may register at their polling place on election day by presenting state-approved identification. Please see our website at www.anokacounty.us/elections for a complete list of identification options. A postcard will be mailed to each new registrant informing them where they will go to vote on election day; and their legislative, commissioner and school district numbers. If you are collecting the completed Voter Registration Applications, state law requires you to submit them to Anoka County Elections within 10 days after they are dated by the voter. 4.5 Automatic Dialing Device Laws Automatic dialing devices sometimes used in campaigning are regulated by the State. A memorandum from the MN Attorney General’s Office is attached which provides guidance to candidates, political campaigns, political parties, political committees, and others concerning Minnesota’s automatic dialing- announcing device law. ---PAGE BREAK--- 8 5.0 Campaign Signs The use of campaign signs is a vital part of any candidate’s campaign. Minnesota statutes and local ordinances regulate the placement of political campaign signs. Also included in this packet are letters from the MN Department of Transportation and the Anoka County Highway Department which include more detailed information. 5.1 Statutory Sign Placement Restrictions Campaign signs can be posted in any size and any number between June 28, 2013 and November 15, 2013. State statute prohibits placement of signs in certain areas including: Placement, painting, printing or affixing on any object within the limits of any highway; On private land without the consent of the owner or occupant; On public utility poles; On trees or shrubs; By painting or drawing on rocks or natural features; and Within the “right of way” or blocking the sight lines of drivers entering the highway or leaving the highway onto public streets or private driveways 5.2 Municipal Sign Placement Restrictions Though the size and number of campaign signs cannot be regulated by municipalities, they can adopt regulations regarding placement of signs. Municipal contact numbers are included in the Campaign Sign Placement Fact Sheet included as a part of this packet. ---PAGE BREAK--- 9 5.3 Determining Rights-of-Way Rights-of-way vary from location to location and can be difficult for candidates and campaign workers to determine. The Anoka County Highway Department has prepared general guidelines. If in doubt of the right-of-way at a specific location, contact the Anoka County Highway Department at (763) 862-4200. 5.4 Removal of Campaign Signs Campaign signs determined to be in violation of local, state or federal law can be removed by state, county, or municipal employees with or without prior notice. Generally, when signs are removed, the signs are stored temporarily and an attempt is made to contact the responsible candidate or campaign. In order to avoid complaints and to ensure your signs are not removed, it is imperative that you share sign placement information with your campaign workers. A “Campaign Sign Placement Fact Sheet” has been prepared as part of this packet. We encourage candidates to reproduce this fact sheet and distribute to campaign workers. 6.0 Election Results Election results for all contests and questions voted upon in Anoka County are reported through the State Election Reporting System administered by the Secretary of State at www.sos.state.mn.us. A complete listing of results for all elections held in the State appear on that website as they are reported. Statistics regarding voter turnout are also posted to that website in the days following the election. Vote totals from in-person voters on election day are counted in individual precincts throughout Anoka County. Vote totals from ballots submitted by absentee voters are counted centrally at the Anoka County Elections Office. After the close of polls at 8:00 p.m., precinct election results are communicated to our office, combined with results from absentee ballots and then posted to the State Election Reporting System. State Law prohibits release of precinct results until all absentee ballots for that precinct have been counted, reported and combined with precinct totals. Results obtained on election night are unofficial and may be adjusted in the days following the election. Election results become official when approved by the Canvassing Board following each election. ---PAGE BREAK--- Rev. 5-10 white copy – Filing Officer yellow copy – CFPD Board goldenrod copy – Candidate pink copy – Public Information Office of the Minnesota Secretary of State Filing Cash/Check Amount $ Affidavit of Candidacy All information on this form is available to the public. Information provided will appear on the Secretary of State’s website at www.sos.state.mn.us. Note: If filing for partisan office and not a major party candidate, you must file both an affidavit of candidacy and a nominating petition. (M.S. 204B.03). Please print or type. Name (as it will appear on the ballot): Office Sought: District For Partisan Office Provide Political Party or For Judicial Office Provide Name of Note: All address and contact information is optional for judicial, county attorney and county sheriff office candidates. Candidate Residence Address (Do not complete if residence address is to be private and checkbox below is marked) Street My residence address is to be classified as private data. I certify a police report has been submitted, or I have an order for protection regarding my safety or my family’s safety, and I have attached a separate form listing my residence address. Candidate Phone Number (Required): Campaign Contact Address (Required for those who have checked the box above) Street For all offices, I swear (or affirm) that this is my true name or the name by which I am generally known in the community. If filing for a state or local office, I also swear (or affirm) that: • I am eligible to vote in Minnesota; • I have not filed for the same or any other office at the upcoming primary or general election; • I am, or will be on assuming office, 21 years of age or more; • I will have maintained residence in this district for at least 30 days before the general election; and • If a major political party candidate, I either participated in the party’s most recent precinct caucuses or intend to vote for a majority of that party’s candidates at the next general election. If filing for one of the following offices, I also swear (or affirm) that I meet the requirements listed below: • United States Senator - I will be an inhabitant of this state when elected and I will be at least 30 years old and a citizen of the United States for not less than nine years on the next January 3rd, or if filled at special election, within 21 days after the election. • United States Representative - I will be an inhabitant of this state when elected and I will be at least 25 years old and a citizen of the United States for not less than seven years on the next January 3rd, or if filled at special election, within 21 days after the election. • Governor or Lieutenant Governor - I will be at least 25 years old on the first Monday of the next January and a resident of Minnesota for not less than one year on election day. I am filing jointly with • Supreme Court Justice, Court of Appeals Judge, District Court Judge, or County Attorney - I am learned in the law and licensed to practice law in Minnesota. My Minnesota attorney license number is and a copy of my license is attached. • State Senator or State Representative - I will be a resident of Minnesota not less than one year and of this district for six months on the day of the general or special election. • County Sheriff - I am a licensed peace officer in Minnesota. My Board of Peace Officer Standards and Training license number is and a copy of my license is attached. • School Board Member - I have not been convicted of an offense for which registration is required under Minnesota Statutes, section 243.166. • County, Municipal, School District, or Special District Office - I meet any other qualifications for that office prescribed by law. Subscribed and sworn before me this day of Candidate Signature Notary public or other officer empowered to Date (Notary stamp) take and certify acknowledgments. ---PAGE BREAK--- Office of the Minnesota Secretary of State Rev. 5-10 Address of Residence Form (To be attached to the Affidavit of Candidacy when a candidate has checked the private data box) Pursuant to Minnesota Statutes, section 204B.06, subd. 1b I have requested that my address of residence be classified as private data. I certify that a police report has been submitted, or I have an order for protection regarding my safety or my family’s safety. Name: Office Sought: Candidate Residence Address Street Address: City: State: MN ZIP: Signature of Candidate: Date: / The address of residence is classified as private data at the request of the candidate. The address of residence is used by the filing officer who received the affidavit of candidacy, upon written request of a registered voter, to determine whether the address of residence listed by the candidate is actually located in the area represented by the office sought, pursuant to Minnesota Statutes, section 204B.06, subd. 1b While the candidate is not required to provide the address of residence, failure to provide the address of residence will result in an incomplete affidavit of candidacy and the rejection of the affidavit of candidacy, which will result in the omission of the candidate’s name from any ballot in the election for which the candidate attempts to file the affidavit of candidacy and pay the filing fee. This information will be available to the filing officer to whom the written request is delivered, to employees of that filing officer and to other elections officials with whom that filing officer consults in order to obtain information necessary to make the determination whether the address of residence listed by the candidate is actually located in the area represented by the office sought. ---PAGE BREAK--- FAX: [PHONE REDACTED] Affirmative Action / Equal Opportunity Employer TDD/TTY: [PHONE REDACTED] COUNTY OF ANOKA OFFICE OF ELECTIONS & VOTER REGISTRATION 325 EAST MAIN STREET • ANOKA, MINNESOTA 55303 PHONE: (763) 323-5275 FAX: (763) 422-7526 AutoMARK Pronunciation Form In 2006, a second voting system was adopted which is specifically designed to assist voters with disabilities – the AutoMARK. The AutoMARK is a ballot marking device that individuals with disabilities may use to vote privately and independently. One of the unique characteristics of the AutoMARK is that it is programmed to speak each candidate’s name. As a result, we are asking candidates to provide a phonetic spelling to ensure that the AutoMARK pronounces each candidate’s name correctly. Name of Phonetic Office Date: ---PAGE BREAK--- MINNESOTA SECRETARY OF STATE ELECTION CANDIDATE INFORMATION FORM (VOLUNTARY DISCLOSURE) Please type or print clearly You are invited to complete this form and leave it with the filing office for public information. The Secretary of State does not edit the information submitted. Information submitted by state and federal candidates will be scanned and placed on the Secretary of State’s web site: www.sos.state.mn.us. If you are filing for state or federal office at a county, please FAX a copy of this complete form to us at [PHONE REDACTED] if you wish this information to be published on the web. Your Name: Age: Your address: Telephone Number: E-Mail: Web Occupation and employer: Office Sought: Political party or principle: Current office held: First year elected or appointed: Previous elected or appointed public offices: Endorsements: Comments or filing statement (use this space only): I certify that the information provided on this form is true. Candidate Signature Date If you have any questions, please contact the Elections Division at [PHONE REDACTED]. Please submit this information: Fax: [PHONE REDACTED] Mail: 180 State Office Building, 100 Rev Dr Martin Luther King Jr. Blvd, St. Paul, MN 55155 ---PAGE BREAK--- Subscribed and sworn before me this day of (Notary stamp) AFFIDAVIT OF WITHDRAWAL I, certify that I filed an affidavit of candidacy for the office on I request that my name be withdrawn from the ballot pursuant to Minnesota Statutes 204B.12, subd. 1. Signature Date ---PAGE BREAK--- For Office Use Only: Name Office Report CAMPAIGN FINANCIAL REPORT (All of the information in this report is public information) Name of candidate, committee, or corporation Office sought or ballot question District Type of report Candidate report Period of time covered by report: Campaign committee report Association or corporation report Final report to CONTRIBUTIONS RECEIVED Give the total for all contributions received during the period of time covered by this report. Contributions should be listed by type (money or in-kind) rather than contributor. (See note on contribution limits on the back of this form. Use a separate sheet to itemize all contributions from a single source that are equal to or greater than $500 during the calendar year.) CASH $ + IN-KIND $ = TOTAL AMOUNT RECEIVED $ EXPENDITURES Include every disbursement made for a political purpose during period of time covered by report. Attach additional sheets if necessary. Date Purpose Amount TOTAL CORPORATE PROJECT EXPENDITURES Corporations must list any media project or corporate message project for which contribution(s) or expenditure(s) total more than $200. Submit a separate report for each project. Attach additional sheets if necessary. Project title or description Date Purpose Name and Address of Recipient Expenditure or Contribution Amount Total I certify that this is a full and true statement. Signature Date Address Give the total for all contributions received during the period of time covered by this report. Contributions should be listed by type (money or in-kind) rather than contributor. See note on contribution limits on the back of this form. Use a separate sheet to itemize all contributions from a single source that exceed $100 during the calendar year. This itemization must include name, address, employer or occupation if self-employed, amount, and date for these contributions. CONTRIBUTIONS EXPENDITURES Include the amount, date, and purpose for all expenditures made during the period of time covered by this report. Attach additional sheets if necessary. Printed Name Telephone Email (if available) Address Revised May, 2008 TOTAL CASH ON HAND ---PAGE BREAK--- INSTRUCTIONS (Reference: Minnesota Statutes, Chapters 211A and 211B) This CAMPAIGN FINANCIAL REPORT is for use by candidates and committees for county, municipal, school district and special district office who receive contributions or make disbursements of more than $750 in a calendar year; committees or corporations spending more than $750 for or against a ballot question in a calendar year; and corporations spending more than $200 on activities to encourage participation in precinct caucuses, voter registration, or voting. Where to file this report: for county offices, with the county auditor; for municipal offices, with the municipal clerk; and for school district offices, with the school district clerk. Candidate or committee report: the initial report must be filed within 14 days after the candidate or committee receives contributions or makes disbursements of more than $750 in a calendar year. Subsequent reports must be filed: 1. During an Election Year - An election year is any year in which the candidate’s name appears on the ballot. In such a a year a report will be filed: 10 days before the primary or special primary 10 days before the general election or special election 30 days after a general election or special election by January 31 of each year following the year when the initial report was filed. 2. During a non election year - By January 31 of each year following the year when the initial report was filed. CONTRIBUTIONS: Means anything of monetary value that is given or loaned to a candidate or committee for a political purpose. “Contribution” does not include a service provided without compensation by an individual. CONTRIBUTION LIMITS: Candidates or candidate’s committees for county, municipal, school district offices may not accept aggregate contributions in excess of $300 in an election year or in excess of $100 in a non election year made or delivered by an individual or committee. However, candidates seeking election from districts with a population in excess of 100,000 may not accept aggregate contributions in excess of $500 in an election year and $100 in a non election year. BALLOT QUESTIONS: Any political committee, association or corporation that makes a contribution or expenditure to promote or defeat a ballot question as defined in Minnesota Statutes, section 211A.01 shall file reports with the filing officer responsible for placing the question on the ballot. Reports must be filed within 14 days of receiving contributions or making disbursements of more than $750 in one calendar year, using the same schedule as above. CONGRESSIONAL CANDIDATES: Candidates for election to the United States House of Representatives and Senate and any committee raising funds exclusively on behalf of any one of those candidates may file copies of the reports required by federal law in lieu of those required by Minnesota Statutes 211A. CORPORATE ACTIVITIES TO ENCOURAGE PARTICIPATION: Corporations may contribute to or conduct public media projects to encourage individuals to attend precinct caucuses, register or vote if the projects are not controlled by or operated for the advantage of a candidate, political party, or committee. The total amount of expenditures or contributions for any one project greater than $200, together with the date, purpose and the names and addresses of the persons receiving the contribution or expenditures must be reported. Reports must be filed with the Secretary of State, 180 State Office Building, St. Paul, MN 55155-1299, using the same schedule as above. FINAL REPORT: A final report may be filed any time after the candidate, committee or corporation has settled all debts and disposed of all assets in excess of $100 in the aggregate. Check final report under “type of report”. PROHIBITED TRANSFERS: Candidates for county, municipal, school district or special district offices may not accept contributions from the principal campaign committees of any candidate for legislative, judicial or state constitutional office. In addition, a candidate may not make contributions to the principal campaign committee of any candidate for legislative, judicial or state constitutional office unless the contributions are made from the candidate’s personal funds. STATE CANDIDATES: Candidates and committees for state constitutional offices, the state legislature, supreme court, court of appeals, district court, and committees for state constitutional amendments are governed by Minnesota Statutes 10A. Contact the State Campaign Finance and Public Disclosure Board for further information at (651) 296-5148. Note: The filing officer must restrict public access to the address of any individual who has made a contribution that exceeds $100 and who has filed with the filing officer a written statement signed by the individual that withholding the individual’s address from the financial report is required for the safety of the individual or the individual’s family. Revised April, 2011 ---PAGE BREAK--- Office of the Minnesota Secretary of State rev. May 2008 CAMPAIGN FINANCIAL REPORT CERTIFICATION OF FILING Each county, municipal or school district 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 Minnesota Statutes 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 not later than seven days after the general or special election. (Minnesota Statutes 211A.05, subdivision 1) Name of candidate or Office sought by candidate (if applicable) Or Identification of ballot question Check the appropriate box below: I do swear (or affirm) that all campaign financial reports required by Minnesota Statutes 211A.02 have been submitted to the filing officer. I do swear (or affirm) that campaign contributions or disbursements did not exceed $750 in the calendar year. (Signature of candidate or committee treasurer) (Date) ---PAGE BREAK--- Section 527 Political Organizations Revised Tax Filing Requirements FS-2002-13, November 2002 Legislation adopted in 2002 altered filing requirements for certain political organizations that seek tax-exempt status under section 527 of the Internal Revenue Code. The new law generally reduces filing requirements for certain state/local political organizations that already disclose certain information to state agencies. In addition, the law relieves some political organizations from filing an annual income tax return or an annual information return. Except where noted, the revised filing requirements are retroactive to July 1, 2000. This fact sheet discusses the current filing requirements as revised by the new legislation and announced in a Nov. 21, 2002 IRS news release. FS-2002-11, published May 2002, is superseded. The new law: • Exempts state and local candidate and party committees from filing Form 8871 and Form 990 (or 990-EZ); • Exempts qualified state and local political organizations (QSLPOs) (as defined below) from filing Form 8872; • Exempts political committees filing with the FEC from filing Form 990 (or 990-EZ); • Exempts political organizations that are a caucus or association of state or local officials from filing Form 990 (or 990-EZ); • Requires additional information on Form 8871 and Form 8872; • Requires the filing of an amended Form 8871 after material changes to maintain tax-exempt status; • Increases reporting thresholds for certain Form 990 filers; • Eliminates the requirement to file Form 1120-POL except where an organization has taxable income after taking the $100 specific deduction (returning to pre-July 2000 requirements); • Reinstates the pre-July 2000 confidentiality requirement for any Form 1120-POL filed after November 2, 2002; and • Changes the electronic filing requirements by o Requiring that Form 8871 be filed electronically (as opposed to both in writing and electronically); and o Requiring that any Form 8872 due after June 30, 2003, be filed electronically if the filing organization has or expects to have contributions or expenditures of more than $50,000 during the calendar year. Definition of Political Organization Political organizations are organized and operated primarily to accept contributions and make expenditures for the purpose of influencing the “selection, nomination, election, or appointment of any individual to Federal, State, or local public office or office in a political organization, or the election of Presidential electors.” Political organizations include political party committees, Federal, State and local candidate committees and other political committees such as political action committees (PACs). The law also creates a new sub-category of political organization qualified state or local political organization (QSLPO). A state or local organization may be a QSLPO, if it meets the following criteria: • All of its political activities relate solely to state or local public office (or office in a state or local political organization), • It is subject to state law that requires it to report (and it does report) to a state agency information about contributions and expenditures that is similar to the information that the organization would otherwise be required to report to the IRS, • The state agency and the organization make the reports publicly available, and • No Federal candidate or office holder controls it or materially participates in its direction, solicits contributions for it, or directs any of its disbursements. Filing Categories Federal tax law divides political organizations into several different categories, and provides different filing requirements for each category. See the first chart below for the filing requirements for each category. Federal organizations • FEC political committee: A political organization (including federal candidate committees, political party committees and PACs) that is required to report as a political committee under the Federal Election Campaign Act. • Other federal political organization:A political organization attempting to influence federal elections that is not required to ---PAGE BREAK--- report as a political committee under the Federal Election Campaign Act. State and Local organizations • Candidate committee:A campaign committee of a state or local candidate. • Party committee:A state or local committee of a political party. • Qualified state or local political organization (QSLPO): See above definition. • Caucus or association:A group of state or local officials attempting to influence elections. • Other political organization:Any other state or local political organization. Filing Requirements The filing requirements in the chart below apply to those political organizations that: • Wish to be a tax-exempt political organization, and • Receive or expect to receive $25,000 or more in gross receipts in any taxable year. If You Are A You May Be Required To File FEC political committee, state or local candidate committee or state or local committee of a political party • Form 1120-POL Qualified state or local political organization (QSLPO)* • Form 8871; • Form 1120-POL; and • Form 990 Caucus or association of state or local officials* • Form 8871; • Form 8872; and • Form 1120-POL Any other political organization, including other federal political organizations and other state or local political organizations • Form 8871; • Form 8872; • Form 1120-POL; and • Form 990 or Form 990-EZ *An organization may be both a QSLPO and a caucus or association of state or local officials. If so, it is not required to file Form 8872 and Form 990. NOTE: If you are: • A political organization that is not tax-exempt, or • A tax-exempt political organization that does not have gross receipts of at least $25,000 You must file Form 1120-POL if you have taxable income after taking the $100 specific deduction for any taxable year. Description of Form Filing Requirements 1. Form 8871 – Notice of 527 Status Unless excepted (see chart below), a political organization must file Form 8871, Political Organization Notice of 527 Status, with the IRS to be tax- exempt. Until it files the form, its income (including contributions) is subject to taxation. Form 8871 must be filed electronically, within 24 hours of the political organization’s establishment. An amended Form 8871 must be filed within 30 days of any material change (including termination), or any income (including contributions) it receives after the material change will be subject to taxation. 2. Form 8872 Report of Contributions and Expenditures Tax-exempt political organizations, other than QSLPOs, that file Form 8871 must file Form 8872, Political Organization Report of Contributions and Expenditures, to disclose information concerning: • expenditures that aggregate $500 or more per person, per calendar year; and ---PAGE BREAK--- • contributions that aggregate $200 or more per person, per calendar year. A tax-exempt political organization that does not disclose this information must pay an amount equal to the highest corporate tax rate (35 percent) multiplied by the amount of contributions and expenditures not disclosed. The filing due dates are available on the IRS web site at www.irs.gov/polorgs. A political organization is not required to file Form 8872 for any period of time that it is subject to tax on its income because it did not file or amend a Form 8871. 3. Form 1120-POL – U.S. Income Tax Return for Certain Political Organizations Political organizations, whether or not tax-exempt, that have taxable income in excess of the $100 specific deduction in a taxable year must file Form 1120-POL, U.S. Income Tax Return for Certain Political Organizations. Form 1120-POL is due by the 15th day of the 3rd month after the end of the organization’s taxable year. Political organizations may request a six-month extension of the filing deadline by filing Form 7004, Application for Automatic Extension of Time to File Corporate Income Tax Return. This extension must be filed by the due date of Form 1120-POL. There is a penalty for failure to file Form 1120-POL. 4. Form 990 or 990-EZ – Return of Organization Exempt from Income Tax Unless excepted (see chart below), a tax-exempt political organization must file an exempt organization annual information return if it has gross receipts of $25,000 or more for the taxable year ($100,000 for QSLPOs). A tax-exempt political organization with gross receipts of less than $100,000 and assets of less than $250,000 at the end of the year may file a Form 990-EZ, Short Form Return of Organization Exempt from Income Tax. Otherwise, it files a Form 990, Return of Organization Exempt from Income Tax. Form 990 or Form 990-EZ is due on the 15th day of the 5th month after the end of the organization’s taxable year. There is a penalty for failure to file this return. Organizations may request a three-month extension, without showing cause, by filing Form 8868, Application for Extension of Time to File an Exempt Organization Return, by the due date. A second three-month extension, with cause, may also be requested through Form 8868. Form When filed Exceptions to filing requirement 8871 (instr.) Within 24 hours of establishment or within 30 days of any material change, including termination • Organization that does not seek tax-exempt status; • Political committee required to report to the FEC • Campaign committee of state and local candidates; • State or local committee of political parties; and • Organization that reasonably expects annual gross receipts to always be less than $25,000. 8872 At organization's option, quarterly/semiannually or on same basis for entire calendar year (see form instructions for detailed information) • Any organization excepted from Form 8871 filing requirement (see above); and • Qualified state or local political organization (QSLPO). 1120- POL Due the 15th day of the 3rd month after the close of the taxable year • Political organization with no taxable income after taking the $100 specific deduction 990 or 990-EZ Due the 15th day of the 5th month after the close of the taxable year • Any organization excepted from Form 8871 filing requirement (see above); and • Caucus or association of state or local officials Disclosure Requirements Tax-exempt section 527 organizations must make their forms (other than Form 1120-POL) publicly available for inspection and copying at their principal place of business. ---PAGE BREAK--- For More Information Questions about the filing requirements may be directed to the Tax Exempt and Government Entities Customer Account Services toll free number 1-[PHONE REDACTED]. Assistance is available 8 a.m. to 6:30 p.m. ET, Monday through Friday. X X X Page Last Reviewed or Updated: October 06, 2011 ---PAGE BREAK--- 1 FRIDLEY LINO LAKES BLAINE EAST BETHEL LINWOOD TOWNSHIP OAK GROVE NOWTHEN HAM LAKE CIRCLE PINES LEXINGTON RAMSEY COLUMBIA HEIGHTS HILLTOP SPRING LAKE PARK COLUMBUS CENTERVILLE ANOKA SAINT FRANCIS BETHEL ANDOVER COON RAPIDS 1 2 1 2 3 1A 3 2 1 4 3 1-2 2-2 1 2-1 6 1 1-1 6 8 5 2 2 3-1 6 4 10 9 3 8 3 2 7 1-1 1 3-6 3-4 2 1 2-5 3-3 5 4 4 3-2 2-4B 3 3-1 1 2-3 2-2B 2-1 6 1-5 1 2 1-2 1-1 1 5 1-4 1-3 1-7 1A 3 3-1 3-2 1-1 2-1 2-2 1-2 3-3 2-3 1-3 1-4 3-4 2-4 7 8 6 4 5 2 1 3 7 2-6 1-6 2-4A 1 1 4-2 3-2 4-1 1 2 7 5 2A 4 3-8 3-5 3-7 1-8 2-2A 5-4 2-5 2-2 2-3 5-1 5-3 2-4 5-2 3-4 5-5 3-3 3-2 2-1 1-2 4-3 4-4 4-2 4-1 3-1 1-3 1-4 Anoka County School Districts May 2, 2012 8 Legend Precinct Boundaries School Districts Anoka-Hennepin #11 Centennial #12 Columbia Heights #13 Elk River #728 Forest Lake #831 Fridley #14 Spring Lake Park #16 St. Francis #15 White Bear Lake #624 ---PAGE BREAK--- ANOKA COUNTY GIS DEPARTMENT FEE SCHEDULE (PUBLIC) Mapping: 1) Standard Maps (Existing Maps) - Paper or Digital Image Mailing Labels & Reports (Hard Copy): 3) Mailing Labels: Radius Search (up to 1320 ft.): $25.00 includes labels and report **Selected Area Search: $0.03/record, includes labels and report 4) Reports: **Parcel Reports: $10/report + *Development Time GIS Database (Digital Data): Minimum Maximum 1 2,000 $0.05 2,001 5,000 $0.03 5,001 50,000 $0.02 50,001 and up $0.01 $0.01 $ / Parcel # of Parcels Pre-Built Parcel Datasets 6) Parcel Base Map: Digital parcel lines and tax data: $0.0X/record + $50 processing fee 7) Other Digital Map Layers or Digital Databases: Other misc. shapefiles or digital database: $50 processing fee (Signed license agreement required) 5) GIS Extract (Tax Data): *Development Time: $50/hour in 15 minute increments Entire Anoka Co. Property Records & Taxation database available in .dbf or .txt format: $800 GIS Extract subsets (digital address lists) available in Excel format: $0.0X/record + *Development Time 2) Custom Maps (Created Upon Request) - Paper or Digital Image Price per print is the same as standard maps + *Development Time (see below) NOTE: "0.0X" refers to the above price grid, X depends on the number of parcels being purchased (**$25.00 Minimum) Existing GIS Dept. Fees for Printing Existing Maps - Public Type Minimum # of Copies Size Current Fee w/Foam Core Backing Small Format (Color) 1 or more 8.5 x 11 $5.00 per page NA Small Format (Color) 1 or more 11 x 17 $6.00 per page NA Large Format (Color) 1 or more 24 x 36 or smaller $10.00 per plot Add $11.00 Large Format (Color) 1 or more between 24 x 36 and 36 x 48 $15.00 per plot Add $12.00 Large Format (Color) 1 or more 36 x 48 $20.00 per plot Add $13.00 Large Format (Color) 1 or more over 36 x 48 $1.67 per sq. ft $.40 per sq. ft. + $8 labor Resource Book: $20 ---PAGE BREAK--- MINNESOTA SECRETARY OF STATE MAP ORDER FORM NAME DAYTIME TELEPHONE ADDRESS CITY, STATE, ZIP WILL PICK UP: MAIL TO: (add $3.50 postage and handling for total order) AVAILABLE MAPS Please indicate the quantity for all requested maps: Statewide legislative district map Individual State House/Senate District # $11.00 per map (36”X48”) Legislative district maps are available in the following sizes: (Please indicate map size) Metropolitan area district map $7.00 per map (8 ½”X11”) $11.00 per map (36”X48”) $9.00 per map (17”X22”) $11.00 per map (36”X48”) Congressional District # $11.00 per map (36”X48”) _ County Name Please select from the following county maps: School District # Legislative District $11.00 per map (36”X48”) County Commissioner $11.00 per map (36”X48”) City__ $11.00 per map (36”X48”) Maps may include: congressional district, legislative district, county, city, township, and precinct boundaries. PLEASE SUBMIT PAYMENT WITH THIS COMPLETED REQUEST. Allow five to ten days for processing. Send request and payment to: Minnesota Secretary of State Elections Division 180 State Office Building 100 Dr. Rev. Martin Luther King Jr. Blvd. Saint Paul, MN 55155 [PHONE REDACTED] This document can be made available in large print by calling (651) 296-2803/Voice, or on our Web site at www.sos.state.mn.us. For TTY communication, contact the Minnesota Relay Service at 1-[PHONE REDACTED] and ask them to place a call to (651) 215-1440. The Secretary of State’s Office does not discriminate on the basis of race, creed, color, sex, sexual orientation, national origin, age, marital status, disability, religion, reliance on public assistance or political opinions or affiliations in employment or the provision of services. Map Order Form Rev.. 07/08 ---PAGE BREAK--- Revised 2/14/2008 MINNESOTA SECRETARY OF STATE PRECINCT FINDER & POLLING PLACE LIST REQUEST NAME DAY PHONE EMAIL RESIDENTIAL ADDRESS: (No P.O. Boxes) CITY STATE/ZIP MAIL ADDRESS (if different then residential address- (No P.O. Boxes) MAIL CITY, STATE & ZIP □ WILL PICK UP (60 Empire Drive, St Paul MN 55103) □ PLEASE MAIL (Include an additional $5.00 for mailing fees) Date Rec’d by Fiscal Date Rec’d by Med Prod Client Act # Amount Paid Work Order # POLLING PLACE LIST FOR ELECTION Please check one of the following options and provide the jurisdiction name (excluding Statewide): Specify Election Name & ____Statewide (CD-ROM – DATA FILE ONLY) ____Countywide for Please check one of the formatting options listed below: ____CD-ROM – PDF POLLING PLACE LIST FOR ELECTION • The report is generated in PDF format and ready for printing. • An example of this PDF file is available at www.sos.state.mn.us ____CD-ROM – DATA FILE POLLING PLACE LIST FOR ELECTION IN COMMA DELIMITED TEXT FORMAT • Files are parsed and in comma delimited format with field headings in the first line. • Users will need application software (e.g. Microsoft Excel or Microsoft Access), not supplied by the Secretary of State, to access this data. • An example of this data file is available at www.sos.state.mn.us The polling place list contains a record for each precinct in the state. The record has the county name (CD ROM contains County number only), the state-assigned precinct number, precinct name, polling place status and type, polling place address, MCD code, ward commissioner district, legislative district, congressional district, polling place description and number. PRECINCT FINDER Please check only one of the following options and provide one jurisdiction name (excluding Statewide): • Additional jurisdictions may be purchased by completing additional order forms. ____Statewide (CD-ROM – DATA FILE ONLY) ____City or ____School ____Other Please check one of the formatting options listed below: ____CD-ROM – PDF PRECINCT FINDER REPORT FOR PRINTING • The report is generated in PDF format and ready for printing. • An example of this PDF file is available at www.sos.state.mn.us ____CD-ROM – DATA FILE PRECINCT FINDER IN COMMA DELIMITED TEXT FORMAT • Files are parsed and in comma delimited format with field headings in the first line. • Users will need application software (e.g. Microsoft Excel or Microsoft Access), not supplied by the Secretary of State, to access this data. • An example of this data file is available at www.sos.state.mn.us The precinct finder contains voting districts by street name and house number ranges within a city/township of a county. Voting districts include precinct, ward, MCD code, county number, congressional, legislative, state senate, judicial, county commissioner, city/township, school district and county determined special districts. ---PAGE BREAK--- Revised 2/14/2008 MINNESOTA SECRETARY OF STATE PRECINCT FINDER & POLLING PLACE LIST PRICES The following prices are for the purchase of CD-ROM Precinct Finder Data File/Polling Place List for Election from the Office of the Secretary of State. Full payment is due at the time of request. If you have questions please contact the Office of the Secretary of State at (651) 201-1378. . CD-ROM – PDF PRECINCT FINDER REPORT FOR PRINTING All other jurisdictions $30.00 CD ROM – PRECINCT FINDER DATA FILE IN COMMA DELIMITED TEXT FORMAT Statewide List $46.00 All other jurisdictions $30.00 Files are parsed and comma delimited, with field headings in the first line. User will need application software (e.g. Microsoft Excel or Microsoft Access), not supplied by the Secretary of State, to access this data. CD ROM – PDF POLLING PLACE LIST FOR ELECTION REPORT FOR PRINTING All other jurisdictions $30.00 • Precinct Finder – a list of house and unit ranges within a street address which contains precinct code name, city, zip, county, voting district information and range ID. • Polling place list by Election - contains a record for each precinct in the state which includes precinct code name, polling place status, polling place name and address, type, county code and polling place district information. CD ROM – POLLING PLACE LIST FOR ELECTION DATA FILE IN COMMA DELIMITED TEXT FORMAT Statewide $46.00 All other jurisdictions $30.00 Files are parsed and in comma delimited format with field headings in the first line. User will need application software (e.g. Microsoft Excel, Microsoft Access), not supplied by the Secretary of State, to access this data. Mailing Costs All orders will be sent UPS at a cost of $5.00. Please mail your request and fee (make checks payable to ‘Secretary of State’) to: Office of the Secretary of State Voter Registration Lists 60 Empire Dr Suite 100 Saint Paul, MN 55103 This document can be made available in alternative formats, such as large print, Braille or audio tape, by calling (651) 201-1378/Voice, or on our Web site at www.sos.state.mn.us. For TTY communication, contact the Minnesota Relay Service at 1-[PHONE REDACTED] and ask them to place a call to (651) 201-1378. The Secretary of State’s Office does not discriminate on the basis of race, creed, color, sex, sexual orientation, national origin, age, marital status, disability, and religion, reliance on public assistance or political opinions or affiliations in employment or the provision of services. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- IP M AB Minnesota Voter Registration Application Complete lines 1 through 8. Please print clearly. Personal Information & Qualifi cations 1. Are you a U.S. citizen? Yes No 2. Will you be at least 18 on or before the next election? Yes No If you mark “NO” to either of these questions, DO NOT complete this form. 3. last name or surname fi rst name middle name suffi x (Jr., Sr., II, III) 4. address where you live (residence) apt. number city zip code 5. if mail cannot be delivered to the address above, provide P.O. Box city zip code 6. date of birth (not today’s date) school district (if known) county where you live _ _ 19 phone number email address _ _ 7. mark one box and provide the number that applies to you: I have a MN-issued driver’s license or MN ID card number: I do not have a MN-issued driver’s license or MN ID card. The last four digits of my Social Security Number are: XXX-XX- I do not have a MN-issued driver’s license, a MN-issued ID card, or a Social Security Number. Registration Updates - Are you currently registered under a different name or address? previous last name previous fi rst name previous middle name previous address where you were last registered city state zip code Read And Sign Only If All Parts Apply To You. 8. I certify that I: • will be at least 18 years old on election day; • am a citizen of the United States; • will have resided in Minnesota for 20 days immediately preceding election day; • maintain residence at the address given on the registration form; • am not under court-ordered guardianship in which the court order revokes my right to vote; • have not been found by a court to be legally incompetent to vote; • have the right to vote because, if I have been convicted of a felony, my felony sentence has expired (been completed) or I have been discharged from my sentence; and • have read and understand this statement, that giving false information is a felony punishable by not more than 5 years imprisonment or a fi ne of not more than $10, 000, or both. sign here date: election offi ce use only Election Judge Offi cial Use Only Initials_______ ID With Current Address ID Number: MN Drivers License, Learners Permit, MN ID Card, or Receipt Tribal ID Photo ID With Utility Bill or Fee Statement Student Fee Statement or Utility Bill ID Number: MN Drivers License MN ID Card U.S. Passport U.S. Military ID Tribal ID Student ID Other Vouched For Late Notice Previous Registration in Same Precinct Student ID With College List ID Number: ---PAGE BREAK--- For more information on voting, registering to vote, fi nding your polling place, state election results, campaign information, or conducting elections, go to the Minnesota Secretary of State web site at www.sos.state.mn.us or call toll free 1-877-600-VOTE (1-[PHONE REDACTED]). For a TTY/TTD (deaf and hard of hearing) communication, contact the Minnesota Relay Service at 1-[PHONE REDACTED] or 711 Deadline Information You may pre-register to vote at any time at least 20 days before an election. If you are not able to pre-register prior to the 20 days before an election, you must register at your polling place to vote on Election Day. Voter registration applications must be turned in to the County Auditor or Secretary of State within 10 days of being signed. Assistance Large-type Minnesota Voter Registration Applications are available upon request from your County Auditor or the Offi ce of the Secretary of State. Special assistance available to those who are elderly, have disabilities, or are in health care facilities. Contact the Secretary of State or your County Auditor for more information. Voter Registration Applications are available in other languages at www.sos.state.mn.us. Your Social Security number is not public. Before providing the last 4 digits of your SSN in box 7, please read the privacy notice at www.sos.state.mn.us/home/index.asp?page=207. POST OFFICE WILL NOT DELIVER WITHOUT FIRST CLASS POSTAGE RETURN TO: Secretary of State 60 Empire Drive Suite 100 St. Paul, MN 55103 ---PAGE BREAK--- Facsimile: (651) 297-4193 • Toll Free Lines: (800) 657-3787 (Voice), (800) 366-4812 (TTY) • www.ag.state.mn.us An Equal Opportunity Employer Who Values Diversity Printed on 50% recycled paper (15% post consumer content) STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL TO: Candidates, Political Campaigns, Political Parties, Political Committees and Other Interested Persons FROM: Minnesota Attorney General’s Office DATE: April 25, 2012 RE: Minnesota’s Automatic Dialing-Announcing Device Law This Memorandum is to provide guidance to candidates, political campaigns, political parties, political committees, and others concerning Minnesota’s automatic dialing-announcing device law. It is similar to Memoranda issued to such organizations by the Office in 2004, 2006, 2008, and 2010. Minnesota’s ADAD Law A copy of Minnesota’s automatic dialing-announcing device law, which is contained at Minn. Stat. 325E.26-.31, is attached. The law provides as follows: A caller shall not use or connect to a telephone line an automatic dialing- announcing device unless: the subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message; or the message is immediately preceded by a live operator who obtains the subscriber’s consent before the message is delivered. Minn. Stat. § 325E.27 (2010). An “automatic dialing-announcing device,” or “ADAD,” is defined as “a device that selects and dials telephone numbers and that, working alone or in conjunction with other equipment, disseminates a prerecorded or voice message to the telephone number called.” Minn. Stat. § 325E.26, subd. 2 (2010). “Caller” includes “a person, corporation, firm, partnership, association, or legal or commercial entity who attempts to contact, or who contacts, a subscriber in this state by using a telephone or a telephone line.” Id. at subd. 3. “Subscriber” is defined as “a person who has subscribed to telephone service from a telephone company or the other persons living or residing with the subscribing person.” Id. at subd. 5. 102 STATE CAPITOL ST. PAUL, MN 551551 TELEPHONE: (651) 296-6196 LORI SWANSON ATTORNEY GENERAL ---PAGE BREAK--- MEMORANDUM April 25, 2012 Page 2 Minn. Stat. § 325E.27 (2010) does not apply to “messages to subscribers with whom the caller has a current business or personal relationship.” The attached law also contains other provisions relating to the use of ADADs in Minnesota. For example, all ADADs (to the extent their use is not prohibited) must be designed and operated to disconnect within ten (10) seconds after termination of the telephone call by the subscriber. Minn. Stat. § 325E.28 (2010). ADADs may not be used before 9:00 a.m. or after 9:00 p.m. Minn. Stat. § 325E.30 (2010). In addition, where an ADAD message is immediately preceded by a live operator, the operator must make certain disclosures to the subscriber. See Minn. Stat. § 325E.29 (2010). The constitutionality of the ADAD statute has been upheld by the Minnesota Supreme Court and the Eighth Circuit Court of Appeals. See State v. Casino Mktg. Group, Inc., 491 N.W.2d 882 (Minn. 1992) and Van Bergen v. State of Minnesota, 59 F.3d 1541 (8th Cir. 1995) (upholding constitutionality of ADAD statute in challenge by political candidate). Enforcement of ADAD Law The Minnesota Attorney General’s Office (“AGO”) is authorized to enforce the ADAD law and seek a court order to enjoin violations of it. See, e.g., Minn. Stat. 8.31, 325E.31. This Office generally intends to follow this policy: Upon receiving a verified and substantiated complaint that the above law has been violated, this Office will contact the campaign that had allegedly violated the law and advise it of the ADAD violations. Upon receiving verified and substantiated complaints from three or more individuals involving an identified committee, this Office will ask the committee to sign an Assurance of Discontinuance. If the committee does not do so the Office will file a lawsuit and seek a temporary restraining order (“TRO”) to enjoin further violations of the law. In order for a complaint to be verified and substantiated, the complainant must sign an affidavit that documents the following: 1) The date and time the subscriber received the ADAD message; 2) Where available when left on an answering machine), a recording of the text of the message; 3) Substantiation of the identity of the caller; 4) A statement that the subscriber (which includes persons living or residing with the subscriber), did not knowingly or voluntarily request, consent to, permit, or authorize receipt of the message; ---PAGE BREAK--- MEMORANDUM April 25, 2012 Page 3 5) A statement that the message was not immediately preceded by a live operator who obtained the subscriber’s consent (or the consent of a person living or residing with the subscriber) before the message was delivered; and 6) A statement that the subscriber (which includes other persons living or residing with the subscriber) does not have a current business or personal relationship with the caller. The purpose of requiring three signed affidavits is to reduce the potential for mischief by political opponents. We have received complaints in past elections, which were heavily publicized by the “outraged” complainant in the media, where the complainant had, in fact, contributed to, attended a meeting of, or otherwise presented himself as a person who has a relationship to the “candidate.” Such a relationship, while contrived by the complainant, still meets the exception which permits an ADAD call to a person who has a “relationship” to the particular campaign. The purpose of three complaints is to make sure there is a valid complaint and not just a contrived publicity stunt. Attachment AG: #2616263-v1 ---PAGE BREAK--- 1 MINNESOTA STATUTES 2011 325E.26 325E.26 DEFINITIONS. Subdivision 1. Scope. The terms used in sections 325E.26 to 325E.30 have the meanings given them in this section. Subd. 2. Automatic dialing-announcing device. "Automatic dialing-announcing device" means a device that selects and dials telephone numbers and that, working alone or in conjunction with other equipment, disseminates a prerecorded or voice message to the telephone number called. Subd. 3. Caller. "Caller" means a person, corporation, firm, partnership, association, or legal or commercial entity who attempts to contact, or who contacts, a subscriber in this state by using a telephone or a telephone line. Subd. 4. Commercial telephone solicitation. "Commercial telephone solicitation" means any unsolicited call to a residential subscriber when the person initiating the call has not had a prior business or personal relationship with the subscriber, and when the purpose of the call is to solicit the purchase or the consideration of purchase of goods or services by the subscriber. Commercial telephone solicitation does not include calls initiated by organizations listed in Minnesota Statutes 2000, section 290.21, subdivision 3, clauses to Subd. 5. Subscriber. "Subscriber" means a person who has subscribed to telephone service from a telephone company or the other persons living or residing with the subscribing person. Subd. 6. Message. "Message" means any call, regardless of its content. History: 1987 c 294 s 1; 1994 c 534 art 2 s 1; 2003 c 2 art 1 s 38 Copyright © 2011 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. ---PAGE BREAK--- 1 MINNESOTA STATUTES 2011 325E.27 325E.27 USE OF PRERECORDED OR VOICE MESSAGES. A caller shall not use or connect to a telephone line an automatic dialing-announcing device unless: the subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message; or the message is immediately preceded by a live operator who obtains the subscriber's consent before the message is delivered. This section and section 325E.30 do not apply to messages from school districts to students, parents, or employees, messages to subscribers with whom the caller has a current business or personal relationship, or messages advising employees of work schedules. This section does not apply to messages from a nonprofit tax-exempt charitable organization sent solely for the purpose of soliciting voluntary donations of clothing to benefit disabled United States military veterans and containing no request for monetary donations or other solicitations of any kind. History: 1987 c 294 s 2; 2009 c 178 art 1 s 60 Copyright © 2011 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. ---PAGE BREAK--- 1 MINNESOTA STATUTES 2011 325E.28 325E.28 REQUIREMENTS ON AUTOMATIC DIALING-ANNOUNCING DEVICES. A caller shall not use an automatic dialing-announcing device unless the device is designed and operated so as to disconnect within ten seconds after termination of the telephone call by the subscriber. History: 1987 c 294 s 3 Copyright © 2011 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. ---PAGE BREAK--- 1 MINNESOTA STATUTES 2011 325E.29 325E.29 MESSAGE REQUIREMENTS. Where the message is immediately preceded by a live operator, the operator must, at the outset of the message, disclose: the name of the business, firm, organization, association, partnership, or entity for which the message is being made; the purpose of the message; the identity or kinds of goods or services the message is promoting; and if applicable, the fact that the message intends to solicit payment or commitment of funds. History: 1987 c 294 s 4 Copyright © 2011 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. ---PAGE BREAK--- 1 MINNESOTA STATUTES 2011 325E.30 325E.30 TIME OF DAY LIMIT. A caller shall not use an automatic dialing-announcing device nor make any commercial telephone solicitation before 9:00 a.m. or after 9:00 p.m. History: 1987 c 294 s 5 Copyright © 2011 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. ---PAGE BREAK--- April 1, 2012 Campaign Sign Placement Fact Sheet Campaign signs are an important part of the campaign process. Placement of campaign signs is regulated by state and local laws and ordinances. This important information will assist candidates and supporters to correctly place campaign signs in Anoka County. Signs which pose a safety hazard or are placed in violation of laws and rules may be removed with or without notice. Every effort is made to be fair and impartial in administering the laws which govern signs, so that all candidates can expect equal treatment. Prohibited Placement ‐ Minnesota State Statute 160.27 prohibits placement of signs in certain areas including: • Placement, painting, printing or affixing on any object within the limits of any highway; • On private land without the consent of the owner or occupant; • On public utility poles; • On trees or shrubs; • By painting or drawing on rocks or natural features; and • Within the “right of way” or blocking the sight lines of drivers entering the highway or leaving the highway onto public streets or private driveways Determining the Right‐of‐Way ‐ Rights‐of‐way vary from location to location. The following guidelines can be used to determine the right‐of‐way at most locations in the county. For general reference in determining the county highway right‐of‐way: • Power poles and fences are usually located on, or near, the right‐of‐way lines and are a good reference for the width of highway right‐of‐way. When locating a sign on the side of the road opposite the power pole or fence, maintain the same distance from roadway centerline as on the side with the poles or fence. • On improved county roads, in other words those roads with paved shoulders, generally 40 feet or more in width and where no fences or power poles exist, please use 60 feet from the centerline as a guideline for installing campaign signs. • On unimproved county roads, generally those in the neighborhood of 22 ‐ 30 feet in width, use a distance of at least 33 feet from the centerline for the placement of signs. If you wish to report other campaign signs located in the right‐of‐way, please contact the Highway Department at 763‐ 862‐4200. Safety Hazards ‐ Signs that pose a safety hazard will be removed. At street locations and driveway intersections, place signs so that they do not block a driver's line of sight for drivers either entering the highway or drivers leaving the highway onto public streets or private driveways. City Ordinances ‐ Between June 29, 2012 and November 16, 2012 campaign signs of any size may be posted in any number in any municipality. Individual cities, however, may regulate the placement of signs in their community. Please contact the local city offices for specific information on sign placement ordinances. Andover 763‐755‐5100 Anoka 763‐576‐2700 Bethel 763‐434‐4366 Blaine 763‐784‐6700 Centerville 651‐429‐3232 Circle Pines 763‐784‐5898 Columbia Heights 763‐706‐3600 Columbus 651‐464‐3120 Coon Rapids 763‐755‐2880 East Bethel 763‐367‐7840 Fridley 763‐571‐3450 Ham Lake 763‐434‐9555 Hilltop 763‐571‐2023 Lexington 763‐784‐2792 Lino Lakes 651‐982‐2400 Linwood 651‐462‐2812 Nowthen 763‐441‐1347 Oak Grove 763‐404‐7000 Ramsey 763‐427‐1410 St. Francis 763‐753‐2630 Spring Lake Park 763‐784‐649 ---PAGE BREAK---