HF 3340

Introduction - 94th Legislature (2025 - 2026)

Posted on 05/18/2025 01:43 p.m.

A bill for an act
relating to campaign finance; prohibiting foreign nationals from contributing to
or providing independent expenditures for ballot questions; amending Minnesota
Statutes 2024, section 10A.01, by adding subdivisions; proposing coding for new
law in Minnesota Statutes, chapter 10A.

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

Section 1.

Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision
to read:

new text begin Subd. 17e. new text end

new text begin Foreign national. new text end

new text begin "Foreign national" means:
new text end

new text begin (1) an individual who is not a citizen or lawful permanent resident of the United States;
new text end

new text begin (2) a government, political subdivision, or municipality of a foreign country;
new text end

new text begin (3) a foreign political party;
new text end

new text begin (4) any entity, including but not limited to a partnership, association, corporation,
organization, or other combination of persons, that is organized under the laws of or has its
principal place of business in a foreign country; or
new text end

new text begin (5) any entity in the United States, including but not limited to a partnership, association,
corporation, or organization, that is wholly or majority owned by any foreign national,
unless:
new text end

new text begin (i) any contribution or expenditure the entity makes derives entirely from funds generated
by the entity's United States operations; and
new text end

new text begin (ii) all decisions concerning the contribution or expenditure, except for setting overall
budget amounts, are made by individuals who are United States citizens or permanent
residents.
new text end

Sec. 2.

Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision to
read:

new text begin Subd. 32b. new text end

new text begin Preliminary activity. new text end

new text begin "Preliminary activity" includes but is not limited to
participating in focus groups, making telephone calls, traveling, conducting polls, and
drafting ballot question language.
new text end

Sec. 3.

new text begin [10A.151] BALLOT QUESTION FUNDING; FOREIGN NATIONAL
PROHIBITION.
new text end

new text begin Subdivision 1. new text end

new text begin General prohibition. new text end

new text begin A foreign national shall not, directly or indirectly:
new text end

new text begin (1) make a donation, contribution, or expenditure in support or opposition of a ballot
question;
new text end

new text begin (2) solicit another person to make a donation, contribution, or expenditure to influence
a ballot question; or
new text end

new text begin (3) direct, dictate, control, or participate in another person's decision to influence a ballot
question.
new text end

new text begin Subd. 2. new text end

new text begin Ballot question political committees. new text end

new text begin (a) Upon registering a ballot question
political committee under section 10A.14, the treasurer shall file an accompanying
certification that no preliminary activity was directly or indirectly funded by a foreign
national. After a ballot question political committee has been registered, the committee shall
not knowingly or willfully receive, solicit, or accept contributions or expenditures that are
directly or indirectly funded by a foreign national. A ballot question political committee
shall affirm in its report that it has not knowingly or willfully received, solicited, or accepted
contributions or expenditures from a foreign national.
new text end

new text begin (b) Upon a ballot question political committee's receipt of a contribution, the treasurer
shall obtain from the donor an affirmation that the donor is not a foreign national and has
not knowingly or willfully accepted funds aggregating in excess of $100,000 from a foreign
national during the four years immediately preceding the date the contribution was made.
A ballot question political committee that receives a contribution or makes expenditures
shall keep records of any contribution received or expenditure made and retain those records
for six years following the date the contribution was received or the expenditure was made.
The treasurer of a ballot question political committee shall affirm in its report that the donor
associated with each contribution is not a foreign national and has not knowingly or willfully
received, solicited, or accepted, whether directly or indirectly, contributions or expenditures
aggregating in excess of $100,000 from a foreign national during the four years immediately
preceding the date the contribution was made.
new text end

new text begin Subd. 3. new text end

new text begin Independent expenditures. new text end

new text begin Any person who makes an independent expenditure
in support or opposition of a ballot question shall keep records of any contribution or
independent expenditure and retain those records for six years following the date the
contribution or expenditure was made. Within 48 hours of making an independent expenditure
supporting or opposing a ballot question, the person or entity making the expenditure shall:
new text end

new text begin (1) certify to the registry that the person or entity has not knowingly or willfully accepted
funds aggregating in excess of $100,000 from a foreign national for four years immediately
preceding the date the expenditure was made, and that it will not do so through the remainder
of the calendar year in which the ballot question will appear on the ballot; and
new text end

new text begin (2) affirm in the person's or entity's report that the person or entity has not knowingly
or willfully accepted funds aggregating in excess of $100,000 from a foreign national during
the four years immediately preceding the date the expenditure was made.
new text end

new text begin Subd. 4. new text end

new text begin Presumption of indirect funding. new text end

new text begin Any determination that an entity required
to file one or more certifications under subdivision 1 or 2 has accepted funds aggregating
in excess of $100,000 from one or more foreign nationals during the four years immediately
preceding the date the contribution or independent expenditure at issue was made shall
create a presumption that the person or ballot question political committee has violated this
section.
new text end

Sec. 4. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 10A.01, subdivision
17c as subdivision 17e; subdivision 17d as subdivision 17f; and subdivision 32a as
subdivision 32c.
new text end