2005 Minnesota Statutes - 211B.32 — Complaints of unfair campaign practices.

     211B.32 Complaints of unfair campaign practices. 


    Subdivision 1.    Administrative remedy; exhaustion.  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. 


    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. 


    HIST: 2004 c 277 s 7