SF 1851

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/02/2025 09:40 a.m.

A bill for an act
relating to elections; prohibiting misrepresentation of campaign authority; providing
criminal penalties and civil remedies; amending Minnesota Statutes 2024, section
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.

new text begin [211B.065] MISREPRESENTATION OF CAMPAIGN AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Misrepresentation prohibited. new text end

new text begin (a) A person must not:
new text end

new text begin (1) misrepresent the person or any committee or organization as speaking or writing or
otherwise acting for or on behalf of any real, potential, spurious, or nonexistent candidate,
political party, committee, fund, or organization with the intent to defraud; or
new text end

new text begin (2) willfully and knowingly participate in or conspire to participate in any plan, scheme,
or design to violate clause (1).
new text end

new text begin (b) A person must not:
new text end

new text begin (1) misrepresent the person as speaking, writing, or otherwise acting for or on behalf of
any real, potential, spurious, or nonexistent candidate, political party, committee, fund, or
organization or employee or agent of any such candidate, political party, or political
committee or organization when soliciting money or any other thing of value with the intent
to defraud; or
new text end

new text begin (2) willfully and knowingly participate in or conspire to participate in any plan, scheme,
or design to violate clause (1).
new text end

new text begin Subd. 2. new text end

new text begin Criminal penalties; civil remedies. new text end

new text begin (a) Except as otherwise provided, a person
who violates this section is guilty of a gross misdemeanor.
new text end

new text begin (b) The attorney general, a county attorney, or a party injured by a violation of subdivision
1 may bring a civil action pursuant to section 8.31 to recover damages, together with costs
of investigation and reasonable attorney fees, and receive other equitable relief as determined
by the court. An action brought by an injured party under section 8.31, subdivision 3a,
benefits the public. In addition to all other damages, the court may impose a civil penalty
of up to $1,000 for each violation.
new text end

new text begin (c) Civil remedies allowable under this section are cumulative and do not restrict any
other right or remedy otherwise available. The complaint process provided in sections
211B.31 to 211B.36 does not apply to violations of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to crimes
committed on or after that date and causes of action accruing on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2024, section 211B.32, subdivision 1, is amended to read:

Subdivision 1.

Administrative remedy; exhaustion.

(a) Except as provided in paragraphs
(b) and (c), 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.

(c) Violations of sections new text begin 211B.065, new text end 211B.075 new text begin , new text end and 211B.076 may be enforced as
provided in those sections.