SF 3886

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/27/2026 10:06 a.m.

A bill for an act
relating to campaign finance; modifying actions that are noncoordinated
expenditures; modifying disclaimer requirements; amending Minnesota Statutes
2024, sections 10A.177; 211B.04, subdivisions 1, 2, 3; repealing Minnesota Rules,
part 4503.2000, subpart 2.

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

Section 1.

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

10A.177 NONCOORDINATED EXPENDITURES.

Any of the following actions, taken alone, do not establish that an expenditure 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) an expenditure uses a photograph, video, or audio recording obtained from a publicly
available source or public event;

(4) an expenditure uses information obtained from a biography, position paper, press
release, or similar material about the candidate from a publicly available source or public
event;

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

(6) an expenditure includes a hyperlink to the candidate's website or social media page;

(7) an expenditure 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. 2.

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: " deleted text begin Prepared
and deleted text end Paid for by the ....... committee, ....... (address)" for material prepared and paid for by
a principal campaign committee, or " deleted text begin Prepared and deleted text end 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 deleted text begin "paid for" may be omitted from deleted text end new text begin
"Prepared by" may be used in place of "Paid for by" in new text end 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. 3.

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. 4.

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;

(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, or in the case of a communication that is produced and disseminated without
cost, who is responsible 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 or is responsible for the communication
must, at the request of the Campaign Finance and Public Disclosure Board or the Office of
Administrative Hearings, demonstrate why it was technologically infeasible to include a
disclaimer in the form required by subdivision 1 or 2.
new text end

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

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 4503.2000, subpart 2, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Rule: 26-07017

4503.2000 DISCLAIMERS.

Subp. 2.

Material linked to a disclaimer.

Minnesota Statutes, section 211B.04, does not apply to the following communications that link directly to an online page that includes a disclaimer in the form required by that section if the communication is made by or on behalf of a candidate, principal campaign committee, political committee, political fund, political party unit, or person who has made an electioneering communication, as those terms are defined in Minnesota Statutes, chapter 10A:

A.

text, images, video, or audio disseminated via a social media platform;

B.

a text or multimedia message disseminated only to telephone numbers;

C.

text, images, video, or audio disseminated using an application accessed primarily via mobile phone, excluding email messages, telephone calls, and voicemail messages; and

D.

paid electronic advertisements disseminated via the internet by a third party, including but not limited to online banner advertisements and advertisements appearing within the electronic version of a newspaper, periodical, or magazine.

The link must be conspicuous and when selected must result in the display of an online page that prominently includes the required disclaimer.