SF 1996

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/28/2025 10:45 a.m.

A bill for an act
relating to campaign finance; modifying the definition of expressly advocating;
modifying campaign disclaimer requirements; establishing requirements for digital
campaign advertisement disclaimers; modifying electioneering communications
disclaimer requirements; amending standards for coordinated and noncoordinated
expenditures and disbursements; requiring a report; repealing a proposed rule;
amending Minnesota Statutes 2024, sections 10A.01, subdivisions 16a, 18; 10A.09,
subdivision 1; 10A.175, by adding a subdivision; 10A.176; 10A.177; 10A.20, by
adding a subdivision; 10A.201, subdivision 6; 10A.202, subdivision 4; 211A.02,
subdivisions 1, 2; 211B.04, subdivisions 1, 2, 3, 5, by adding a subdivision;
repealing Minnesota Statutes 2024, section 211B.04, subdivision 4.

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

Section 1.

Minnesota Statutes 2024, section 10A.01, subdivision 16a, is amended to read:

Subd. 16a.

Expressly deleted text begin advocating deleted text end new text begin advocates new text end .

"Expressly deleted text begin advocating deleted text end new text begin advocates new text end " means
that a communication:

(1) clearly identifies a candidate or a local candidate and uses words or phrases of express
advocacy; or

(2) when taken as a whole and with limited reference to external events, such as the
proximity to the election, could only be interpreted by a reasonable person as containing
advocacy of the election or defeat of one or more clearly identified candidates because:

(i) the electoral portion of the communication is unmistakable, unambiguous, and
suggestive of only one meaning; and

(ii) reasonable minds could not differ as to whether the communication encourages
actions to elect or defeat one or more clearly identified candidates or encourages some other
kind of action.

Sec. 2.

Minnesota Statutes 2024, section 10A.01, subdivision 18, is amended to read:

Subd. 18.

Independent expenditure.

new text begin (a) new text end "Independent expenditure" means an expenditure
deleted text begin expressly advocating the election or defeat of a clearly identified candidate or local candidate,
if the expenditure deleted text end is made without the express or implied consent, authorization, or
cooperation of, and not in concert with or at the request or suggestion of, any candidate or
any candidate's principal campaign committee or agent or any local candidate or local
candidate's agent deleted text begin . deleted text end new text begin and:
new text end

new text begin (1) expressly advocates the election or defeat of a clearly identified candidate or local
candidate; or
new text end

new text begin (2) promotes, supports, attacks, or opposes the nomination, election, or defeat of a clearly
identified candidate or local candidate, regardless of whether the expenditure expressly
advocates for or against a candidate or local candidate.
new text end

new text begin (b) new text end An independent expenditure is not a contribution to that candidate or local candidate.

new text begin (c) new text end An independent expenditure does not include the act of announcing a formal public
endorsement of a candidate or local candidate for public office, unless the act is
simultaneously accompanied by an expenditure that would otherwise qualify as an
independent expenditure under this subdivision.

Sec. 3.

Minnesota Statutes 2024, section 10A.09, subdivision 1, is amended to read:

Subdivision 1.

Time for filing.

An individual must file a statement of economic interest:

(1) within 60 days of accepting employment as a public official or a local official in a
metropolitan governmental unit;

(2) within 60 days of assuming office as a district court judge, appeals court judge,
supreme court justice, or county commissioner;

(3) deleted text begin within 14 days after filing deleted text end new text begin in the case of an individual who filed new text end an affidavit of
candidacy or petition to appear on the ballot for an elective state constitutional or legislative
office or an elective local office in a metropolitan governmental unit other than county
commissioner new text begin , within 14 days of the close of the filing period for that office new text end ;

(4) in the case of a public official requiring the advice and consent of the senate, within
14 days after undertaking the duties of office; or

(5) in the case of members of the Minnesota Racing Commission, the director of the
Minnesota Racing Commission, chief of security, medical officer, inspector of pari-mutuels,
and stewards employed or approved by the commission or persons who fulfill those duties
under contract, within 60 days of accepting or assuming duties.

Sec. 4.

Minnesota Statutes 2024, section 10A.175, is amended by adding a subdivision to
read:

new text begin Subd. 5a. new text end

new text begin Disbursement. new text end

new text begin "Disbursement" means a purchase or payment subject to this
chapter made by any person.
new text end

Sec. 5.

Minnesota Statutes 2024, section 10A.176, is amended to read:

10A.176 COORDINATED EXPENDITURES.

Subdivision 1.

new text begin Definition; new text end scope.

deleted text begin An expenditure described in this section that expressly
advocates for the election of the candidate or the defeat of the candidate's opponent is a
coordinated expenditure and is not independent under section 10A.01, subdivision 18. deleted text end new text begin A
disbursement is a coordinated expenditure and is not independent under section 10A.01,
subdivision 18, where it:
new text end

new text begin (1) satisfies at least one of the content standards in subdivision 1a; and
new text end

new text begin (2) satisfies at least one of the conduct standards in subdivisions 2 to 7.
new text end

new text begin Subd. 1a. new text end

new text begin Content standards. new text end

new text begin A disbursement for any of the content outlined in this
subdivision satisfies the content standard of this section if it is:
new text end

new text begin (1) a communication expressly advocating for the election or defeat of the candidate, as
defined under section 10A.01, subdivision 16a;
new text end

new text begin (2) a communication that promotes, supports, attacks, or opposes the nomination, election,
or defeat of the clearly identified candidate; or
new text end

new text begin (3) an electioneering communication, as defined under section 10A.201.
new text end

Subd. 2.

new text begin Conduct standard; new text end fundraising.

(a) deleted text begin An expenditure is a coordinated
expenditure deleted text end new text begin A disbursement satisfies the conduct standard of this section new text end if the deleted text begin expenditure deleted text end new text begin
disbursement new text end is made on or after January 1 of the year the office will appear on the ballot
by a spender for which the candidate, on or after January 1 of the year the office will appear
on the ballot, has engaged in fundraising of money that is not general treasury money, as
defined in section 10A.01, subdivision 17c, of the spender.

(b) For purposes of this subdivision, candidate fundraising includes:

(1) soliciting or collecting money for or to the spender that is not general treasury money;
and

(2) appearing for the spender as a speaker at an event raising money that is not general
treasury money.

(c) This subdivision does not apply to a candidate's fundraising on behalf of a party unit.

Subd. 3.

new text begin Conduct standard; new text end relationship with spender.

deleted text begin An expenditure is a coordinated
expenditure deleted text end new text begin A disbursement satisfies the conduct standard of this section new text end if the deleted text begin expenditure deleted text end new text begin
disbursement new text end is made on or after January 1 of the year the office will appear on the ballot
by a spender that:

(1) is not a party unit; and

(2) is an association, political committee, political fund, independent expenditure political
committee, or independent expenditure political fund, in which the candidate was a
chairperson, deputy chairperson, treasurer, or deputy treasurer on or after January 1 of the
year the office will appear on the ballot.

Subd. 4.

new text begin Conduct standard; new text end consulting services.

(a) deleted text begin An expenditure is a coordinated
expenditure deleted text end new text begin A disbursement satisfies the conduct standard of this section new text end if the deleted text begin expenditure deleted text end new text begin
disbursement new text end is made during an election segment for consulting services from a consultant
who has also provided consulting services to the candidate or the candidate's opponent
during that same election segment.

(b) This subdivision does not apply when the following conditions are met:

(1) the consultant assigns separate personnel to the spender and the candidate;

(2) the consultant has a written policy that describes the measures that the consultant
has taken to prohibit the flow of information between the personnel providing services to
the spender and the personnel providing services to the candidate;

(3) the written policy has been distributed to all personnel and clients covered by the
policy, including the candidate and the spender;

(4) the consultant has implemented the measures described in the written policy; and

(5) no information has been shared between the spender and the personnel that provided
services to the spender and the candidate and the personnel providing services to the
candidate.

Subd. 5.

new text begin Conduct standard; new text end receiving information not publicly available.

deleted text begin An
expenditure is a coordinated expenditure deleted text end new text begin A disbursement satisfies the conduct standard of
this section new text end if the deleted text begin expenditure deleted text end new text begin disbursement new text end is made after the spender receives from the
candidate information that is not publicly available regarding the candidate's campaign
plans, strategy, or needs.

Subd. 6.

new text begin Conduct standard; new text end spender-provided information.

deleted text begin An expenditure is a
coordinated expenditure deleted text end new text begin A disbursement satisfies the conduct standard of this section new text end if the
deleted text begin expenditure deleted text end new text begin disbursement new text end is made when:

(1) the spender provides information to the candidate regarding the deleted text begin expenditure's deleted text end new text begin
disbursement's new text end contents, intended audience, timing, location or mode, volume, or frequency;
and

(2) the information is provided to the candidate before the deleted text begin expenditure deleted text end new text begin disbursement new text end is
communicated to the public.

Subd. 7.

new text begin Conduct standard; new text end candidate's participation.

deleted text begin An expenditure is a coordinated
expenditure deleted text end new text begin A disbursement satisfies the conduct standard of this section new text end if new text begin :
new text end

new text begin (1) new text end the deleted text begin expenditure deleted text end new text begin disbursement new text end is made with the candidate's participation in the
following:

deleted text begin (1) deleted text end new text begin (i) new text end any of the processes required for the creation and development of the deleted text begin expenditure deleted text end new text begin
disbursement new text end , including budgeting decisions, media design, acquisition of graphics and
text, production, and distribution of the final product; or

deleted text begin (2) deleted text end new text begin (ii) new text end any decision regarding the content, timing, location, intended audience, volume
of distribution, or frequency of the deleted text begin expenditure. deleted text end new text begin disbursement; or
new text end

new text begin (2) the disbursement is materially consistent with instructions or directions from a
candidate regarding the making of disbursements, regardless of whether the instructions or
directions are publicly available. The factors the board must consider in determining whether
a disbursement is consistent with instructions or directions from a candidate under this
clause include but are not limited to:
new text end

new text begin (i) noticeable placement of instructions or directions on a discrete webpage or portion
of a webpage containing one or more other factors identified in this paragraph;
new text end

new text begin (ii) whether the instructions or directions include language indicating that information
should be communicated to others or indicates information is intended for voters, including
but not limited to the phrase "voters need to know";
new text end

new text begin (iii) whether the instructions or directions include targeted audience information, such
as specific demographics or the location of intended or suggested recipients;
new text end

new text begin (iv) whether the instructions or directions include suggested methods of communication,
including indications that recipients need to hear, see, see on the go, or receive information
in other similar manners; and
new text end

new text begin (v) whether there are additional documents linked to the instructions or directions to
provide verification that the recommended messaging would be effective.
new text end

Sec. 6.

Minnesota Statutes 2024, section 10A.177, is amended to read:

10A.177 NONCOORDINATED deleted text begin EXPENDITURES deleted text end new text begin DISBURSEMENTS new text end .

Any of the following actions, taken alone, do not establish that deleted text begin an expenditure deleted text end new text begin a
disbursement new text end made by the spender is coordinated with the candidate:

(1) a candidate asks a spender not to make any expenditure to support the candidate or
oppose the candidate's opponent new text begin or any disbursement for an electioneering communication
that references the candidate or the candidate's opponent new text end ;

(2) a candidate provides to a spender names of potential donors, as long as the spender
does not state or suggest to the candidate that funds received from use of the donor list will
be used for independent expenditures to benefit the candidate;

(3) deleted text begin an expenditure deleted text end new text begin a disbursement new text end uses a photograph, video, or audio recording obtained
from a publicly available source or public event;

(4) deleted text begin an expenditure deleted text end new text begin a disbursement new text end uses information obtained from a biography, position
paper, press release, or similar material about the candidate from a publicly available source
or public event new text begin , provided that this paragraph does not apply to publicly available information
constituting instructions, directions, or suggestions from a candidate regarding the making
of expenditures under section 10A.176, subdivision 7, clause (2) new text end ;

(5) the spender contributes to the candidate, makes an in-kind donation to the candidate,
or endorses the candidate;

(6) deleted text begin an expenditure deleted text end new text begin a disbursement new text end includes a hyperlink to the candidate's website or
social media page;

(7) deleted text begin an expenditure deleted text end new text begin a disbursement new text end appears in a news story, commentary, or editorial
distributed deleted text begin through the facilities of any broadcasting station, newspaper, magazine, or other
periodical publication deleted text end new text begin by any broadcasting station, including a cable or streaming television
operator, programmer, or producer; website; newspaper; magazine; or other periodical
publication, including any Internet or electronic publication. If the facility is owned or
controlled by any political party, political committee, or candidate, the news story must:
new text end

new text begin (i) represent a bona fide news account communicated in a publication of general
circulation or on a licensed broadcasting facility; and
new text end

new text begin (ii) be part of a general pattern of campaign-related news accounts that give reasonably
equal coverage to all opposing candidates in the circulation or listening area new text end ;

(8) the spender discusses the candidate's position on a legislative or policy matter with
the candidate. This clause includes the sending, completion, and return of a survey conducted
by the spender to determine whether to endorse the candidate; or

(9) the spender invites the candidate to appear before the spender's members, employees,
or shareholders, including the candidate's participation in the event, unless the event promotes
the election of the candidate or the defeat of the candidate's opponent, or the candidate
requests or accepts campaign contributions at the event.

Sec. 7.

Minnesota Statutes 2024, section 10A.20, is amended by adding a subdivision to
read:

new text begin Subd. 5a. new text end

new text begin Report on personal contributions. new text end

new text begin A candidate for constitutional or legislative
office that makes a contribution or loan to the candidate's principal campaign committee
that, in aggregate, exceeds the amount permitted by section 10A.27, subdivision 10, must
report the contribution or loan to the board by the next business day. A candidate must file
a new report each time that the reporting threshold is exceeded during an election cycle
segment.
new text end

Sec. 8.

Minnesota Statutes 2024, section 10A.201, subdivision 6, is amended to read:

Subd. 6.

Electioneering communication.

(a) "Electioneering communication" means
any broadcast, cable, satellite, telephone, or digital communication that:

(1) refers to a clearly identified candidate for state office;

(2) is publicly distributed deleted text begin within 60 days before a general election for the office sought
by the candidate, within 30 days before deleted text end new text begin after the start of the absentee voting period prior to new text end
a primary election new text begin in a year in which the office sought will be on the general election ballot
new text end for the office sought by the candidate new text begin through the date of the general election for that office new text end ,
or within 30 days before a convention of a political party unit that has authority to endorse
a candidate for the office sought by the candidate; and

(3) is targeted to the relevant electorate.

(b) A communication is not an electioneering communication if it:

(1) is publicly disseminated through a means of communication other than a broadcast,
cable, satellite television, or radio station, by telephone, in a digital format online, or by
other electronic means;

(2) appears in a news story, commentary, or editorial distributed through the facilities
of any broadcast, cable, or satellite television or radio station, unless such facilities are
owned or controlled by any political party, political committee, or candidate, provided that
a news story distributed through a broadcast, cable, or satellite television or radio station
owned or controlled by any political party, political committee, or candidate is not an
electioneering communication if the news story meets the requirements described in Code
of Federal Regulations, title 11, section 100.132 (a) and (b);

(3) constitutes an expenditure or independent expenditure, provided that the expenditure
or independent expenditure is required to be reported under this chapter;

(4) constitutes a candidate debate or forum, or that solely promotes such a debate or
forum and is made by or on behalf of the person sponsoring the debate or forum;

(5) is paid for by a candidate;

(6) is a noncommercial solicitation for the purposes of opinion research, including but
not limited to opinion research designed for understanding the impact of exposure to political
messages and content, provided that the solicitation is not designed to influence respondents'
views by presenting biased or manipulative content under the guise of it being an opinion
poll, survey, or other form of scientific data collection; or

(7) is a communication disseminated by telephone, in a digital format online, or by other
electronic means that the recipient has affirmatively and voluntarily consented to receive
from the sender.

Sec. 9.

Minnesota Statutes 2024, section 10A.202, subdivision 4, is amended to read:

Subd. 4.

Disclaimer required.

An electioneering communication must include a
disclaimer deleted text begin in the same manner as required for campaign material under deleted text end new text begin as required by new text end
section 211B.04, subdivision deleted text begin 1, paragraph (c) deleted text end new text begin 2a new text end .

Sec. 10.

Minnesota Statutes 2024, section 211A.02, subdivision 1, is amended to read:

Subdivision 1.

When and where filed by committees or candidates.

(a) A committee
or a candidate who receives contributions or makes disbursements of more than $750 in a
calendar year shall submit an initial report to the filing officer within 14 days after the
candidate or committee receives or makes disbursements of more than $750 and must
continue to make the reports required by this subdivision until a final report is filed.

(b) In a year in which deleted text begin a candidate receives contributions or makes disbursements of
more than $750 or deleted text end the candidate's name appears on the ballot, the candidate must file a
report:

(1) ten days before the primary or special primary if a primary is held in the jurisdiction,
regardless of whether the candidate is on the primary ballot. If a primary is not conducted,
the report is due ten days before the primary date specified in section 205.065;

(2) ten days before the general election or special election; and

(3) 30 days after a general or special election.

deleted text begin The reporting obligations in this paragraph begin with the first report due after the reporting
period in which the candidate reaches the spending threshold specified in paragraph (a). deleted text end A
candidate who did not file for office is not required to file reports required by this paragraph
that are due after the end of the filing period. A candidate whose name will not be on the
general election ballot is not required to file the reports required by clauses (2) and (3).

(c) Until a final report is filed, a candidate must file a report by January 31 of each year.
Notwithstanding subdivision 2, clause (4), the report required by this subdivision must only
include the information from the previous calendar year.

Sec. 11.

Minnesota Statutes 2024, section 211A.02, subdivision 2, is amended to read:

Subd. 2.

Information required.

The report to be filed by a candidate or committee must
include:

(1) the name of the candidate and office sought;

(2) the printed name, address, telephone number, signature, and email address deleted text begin , if available, deleted text end
of the person responsible for filing the report new text begin . If the person responsible for filing the report
does not have an email address, the person must include an attestation to that effect new text end ;

(3) the total cash on hand designated to be used for political purposes;

(4) the total amount of contributions received and the total amount of disbursements for
the period from the last previous report to five days before the current report is due;

(5) if disbursements made to the same vendor exceed $100 in the aggregate during the
period covered by the report, the name and address for the vendor and the amount, date,
and purpose for each disbursement; and

(6) the name, address, and employer, or occupation if self-employed, of any individual
or entity that during the period covered by the report has made one or more contributions
that in the aggregate exceed $100, and the amount and date of each contribution. 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.

Sec. 12.

Minnesota Statutes 2024, section 211B.04, subdivision 1, is amended to read:

Subdivision 1.

Campaign material.

(a) A person who participates in the preparation or
dissemination of campaign material deleted text begin other than as provided in section 211B.05, subdivision
1, deleted text end that does not prominently include the name and address of the person or committee
causing the material to be prepared or disseminated in a disclaimer substantially in the form
provided in paragraph (b) or (c) is guilty of a misdemeanor.

(b) Except in cases covered by paragraph (c), the required form of disclaimer is: "Prepared
and paid for by the ....... committee, ....... (address)" for material prepared and paid for by
a principal campaign committee, or "Prepared and paid for by the ....... committee, .......
(address)" for material prepared and paid for by a person or committee other than a principal
campaign committee. The address must be either the committee's mailing address or the
committee's website, if the website includes the committee's mailing address. If the material
is produced and disseminated without cost, the words "paid for" may be omitted from the
disclaimer. new text begin Except as required by paragraph (c), in the case of a candidate's or committee's
website or social media page, the requirements of this subdivision are satisfied for the entire
website or social media page when the disclaimer appears once on the website or social
media home page.
new text end

(c) In the case of deleted text begin broadcast deleted text end new text begin audio or video new text end media, new text begin including audio or video media posted
on a candidate or principal campaign committee's website, new text end the required form of disclaimer
is: "Paid for by the ....... committee." If the material is produced and broadcast without cost,
the required form of the disclaimer is: "The ....... committee is responsible for the content
of this message."

Sec. 13.

Minnesota Statutes 2024, section 211B.04, subdivision 2, is amended to read:

Subd. 2.

Independent expenditures.

(a) deleted text begin The required form of the disclaimer on a written deleted text end new text begin
Except in cases covered by paragraph (b), the required form of disclaimer for an new text end independent
expenditure is: "This is an independent expenditure prepared and paid for by ....... (name
of entity participating in the expenditure), ....... (address). It is not coordinated with or
approved by any candidate nor is any candidate responsible for it." The address must be
either the entity's mailing address or the entity's website, if the website includes the entity's
mailing address. When a written independent expenditure is produced and disseminated
without cost, the words "and paid for" may be omitted from the disclaimer.

(b) The required form of the disclaimer on deleted text begin a broadcast deleted text end new text begin an audio or video media new text end
independent expenditure is: "This independent expenditure is paid for by ....... (name of
entity participating in the expenditure). It is not coordinated with or approved by any
candidate nor is any candidate responsible for it." When deleted text begin a broadcast deleted text end new text begin an audio or video media new text end
independent expenditure is produced and disseminated without cost, the following disclaimer
may be used: "....... (name of entity participating in the expenditure) is responsible for the
contents of this independent expenditure. It is not coordinated with or approved by any
candidate nor is any candidate responsible for it."

Sec. 14.

Minnesota Statutes 2024, section 211B.04, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Electioneering communication. new text end

new text begin (a) Except in cases covered by paragraph
(b), the required form of disclaimer for an electioneering communication is: "This is an
electioneering communication prepared and paid for by ....... (name of entity participating
in the communication), ....... (address). It is not coordinated with or approved by any
candidate nor is any candidate responsible for it." The address must be either the entity's
mailing address or the entity's website, if the website includes the entity's mailing address.
When an electioneering communication is produced and disseminated without cost, the
words "and paid for" may be omitted from the disclaimer.
new text end

new text begin (b) The required form of the disclaimer on an audio or video media electioneering
communication is: "This electioneering communication is paid for by ....... (name of entity
participating in the communication). It is not coordinated with or approved by any candidate
nor is any candidate responsible for it."
new text end

Sec. 15.

Minnesota Statutes 2024, section 211B.04, subdivision 3, is amended to read:

Subd. 3.

Material that does not need a disclaimer.

(a) This section does not apply to
fundraising tickets, business cards, personal letters, or similar items that are clearly being
distributed by the candidate.

(b) This section does not apply to an individual or association that is not required to
register or report under chapter 10A or 211A.

(c) This section does not apply to the following:

(1) bumper stickers, pins, buttons, pens, or similar small items on which the disclaimer
cannot be conveniently printed;
new text begin new text end

(2) skywriting, wearing apparel, or other means of displaying an advertisement of such
a nature that the inclusion of a disclaimer would be impracticable; and

(3) deleted text begin online banner ads and similar deleted text end electronic communications deleted text begin that deleted text end new text begin for which it would be
technologically infeasible. In this case, the communication must state the name of the person
who paid for the communication and new text end link directly to an online page that includes new text begin only new text end the
disclaimer. new text begin The person who paid for the communication must, at the board's request,
demonstrate why it was technologically infeasible to comply with this section.
new text end

deleted text begin (d) This section does not modify or repeal section 211B.06.
deleted text end

Sec. 16.

Minnesota Statutes 2024, section 211B.04, subdivision 5, is amended to read:

Subd. 5.

Font size.

For written communications other than an outdoor sign, website, or
social media page, the disclaimer must be printed in 8-point font or larger. new text begin For outdoor
signs, the disclaimer must be in a font size large enough to be legible from a vehicle moving
at the speed limit on the nearest road. For websites and social media, the disclaimer must
be printed large enough to be legible.
new text end

Sec. 17. new text begin REPEALER.
new text end

new text begin The Minnesota Rule adopted by the Campaign Finance and Public Disclosure Board
related to material linked to a disclaimer numbered as Minnesota Rules, part 4503.2000,
subpart 2, is repealed retroactively from February 18, 2025.
new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, section 211B.04, subdivision 4, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 25-03790

211B.04 CAMPAIGN MATERIAL MUST INCLUDE DISCLAIMER.

Subd. 4.

Websites.

The requirements of this section are satisfied for an entire website or social media page when the disclaimer required in subdivision 1 or 2 appears once on the home page of the site.