HF 1119

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/15/2021 02:34pm

A bill for an act
relating to state government; regulating intimidation, interference, and deceptive
practices in voter registration and voting; providing criminal penalties; amending
Minnesota Statutes 2020, sections 8.31, subdivision 1; 211B.32, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 211B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 8.31, subdivision 1, is amended to read:

Subdivision 1.

Investigate offenses against provisions of certain designated sections;
assist in enforcement.

The attorney general shall investigate violations of new text begin and assist in the
enforcement of the following laws:
new text end

new text begin (1) new text end the law of this state respecting unfair, discriminatory, and other unlawful practices
in business, commerce, or trade, and specifically, but not exclusively, the Nonprofit
Corporation Act (sections 317A.001 to 317A.909), the Act Against Unfair Discrimination
and Competition (sections 325D.01 to 325D.07), the Unlawful Trade Practices Act (sections
325D.09 to 325D.16), the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67
and other laws against false or fraudulent advertising, the antidiscrimination acts contained
in section 325D.67, the act against monopolization of food products (section 325D.68), the
act regulating telephone advertising services (section 325E.39), the Prevention of Consumer
Fraud Act (sections 325F.68 to 325F.70), and chapter 53A regulating currency exchanges
deleted text begin and assist in the enforcement of those laws as in this section provided. deleted text end new text begin ; and
new text end

new text begin (2) section 211B.075 regulating voter intimidation, interference, and deceptive practices
in elections.
new text end

Sec. 2.

new text begin [211B.075] VOTER INTIMIDATION, INTERFERENCE, AND DECEPTIVE
PRACTICES PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Intimidation. new text end

new text begin (a) No person, whether acting under color of law or
otherwise, shall engage in intimidation directed at:
new text end

new text begin (1) a voter;
new text end

new text begin (2) an elections official; or
new text end

new text begin (3) a person aiding with any aspect of the election process, including but not limited to
assisting another person in registering to vote or encouraging another person to cast a ballot.
new text end

new text begin (b) As used in this subdivision, "intimidation" means any action or attempted action,
regardless of the actor's mental state of mind, that intimidates, threatens, coerces, or injures
another person, or any action or attempted action that would cause a reasonable person to
feel intimidated, threatened, coerced, or injured, due to the person's exercise of the right to
vote, efforts to assist another person in exercising the right to vote, or conduct of duties
related to election administration. Intimidation may include but is not limited to an action
or attempted action that causes a person to be fearful of potential collateral consequences
or future harm.
new text end

new text begin Subd. 2. new text end

new text begin Deceptive practices. new text end

new text begin (a) No person, whether acting under color of law or
otherwise, shall within 60 days of an election cause, by any means, information to be
transmitted that the person:
new text end

new text begin (1) intends to impede or prevent another person from exercising the right to vote; and
new text end

new text begin (2) knows to be materially false.
new text end

new text begin (b) The prohibition in this subdivision includes but is not limited to information regarding
the time, place, or manner of holding an election; the qualifications for or restrictions on
voter eligibility at an election; and threats to physical safety associated with casting a ballot.
new text end

new text begin Subd. 3. new text end

new text begin Interference with registration or voting. new text end

new text begin No person, whether acting under
color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person
from voting, registering to vote, or aiding another person in casting a ballot or registering
to vote.
new text end

new text begin Subd. 4. new text end

new text begin Aiding and abetting; conspiracy. new text end

new text begin No person, whether acting under color of
law or otherwise, shall:
new text end

new text begin (1) intentionally aid, abet, incite, compel, or coerce a person to violate the provisions of
this section or attempt to aid, abet, incite, compel, or coerce a person to violate the provisions
of this section; or
new text end

new text begin (2) conspire, combine, agree, or arrange with any other person to take action, or aid or
abet any action, in violation of this section.
new text end

new text begin Subd. 5. new text end

new text begin Criminal penalty; civil enforcement. new text end

new text begin (a) A person who intentionally violates
this section is guilty of a felony and may be sentenced to imprisonment of not more than
two years or payment of a fine of not more than $100,000, or both.
new text end

new text begin (b) The attorney general or any injured person may enforce this section consistent with
the authority provided in section 8.31. An action filed by an injured person under section
8.31, subdivision 3a, is in the public interest.
new text end

new text begin (c) Remedies allowable under this section are cumulative and do not restrict any other
right or remedy otherwise available to an injured person. An action for a penalty or remedy
under this section must be brought within two years of the date the violation is alleged to
have occurred. The complaint process provided in sections 211B.31 to 211B.36 does not
apply to violations of this section.
new text end

Sec. 3.

Minnesota Statutes 2020, section 211B.32, subdivision 1, is amended to read:

Subdivision 1.

Administrative remedy; exhaustion.

(a) Except as provided in deleted text begin paragraph deleted text end new text begin
paragraphs new text end (b) new text begin and (c) new text end , a complaint alleging a violation of chapter 211A or 211B must be
filed with the office. The complaint must be finally disposed of by the office before the
alleged violation may be prosecuted by a county attorney.

(b) Complaints arising under those sections and related to those individuals and
associations specified in section 10A.022, subdivision 3, must be filed with the Campaign
Finance and Public Disclosure Board.

new text begin (c) Violations of section 211B.075 may be enforced as provided in that section.
new text end