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SF 4196

2nd Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/22/2026 09:13 a.m.

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to campaign finance; modifying certain late fees and civil penalties;
establishing enhanced penalties; prohibiting the board from waiving enhanced
penalties; depositing a portion of late fees and civil penalties into the state elections
campaign account; providing definitions; amending Minnesota Statutes 2024,
sections 10A.01, by adding subdivisions; 10A.02, subdivision 15; 10A.025,
subdivisions 2, 3, 4, 5, by adding a subdivision; 10A.20, subdivision 12, by adding
a subdivision.

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. 9b. new text end

new text begin Campaign finance report. new text end

new text begin "Campaign finance report" means a report or
statement required under section 10A.20, 10A.202, or 10A.323.
new text end

Sec. 2.

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


new text begin Subd. 16d. new text end

new text begin Enhanced penalty. new text end

new text begin "Enhanced penalty" means a late fee or civil penalty
imposed by the board that applies after a $25,000 or $100,000 threshold is exceeded and is
determined using a multiplier or percentage.
new text end

Sec. 3.

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


new text begin Subd. 26c. new text end

new text begin Total contributions. new text end

new text begin "Total contributions" means the total of all contributions.
Contributions include all contributions received, in-kind contributions received, loans, and
any other types of contributions.
new text end

Sec. 4.

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


new text begin Subd. 26d. new text end

new text begin Total disbursements. new text end

new text begin "Total disbursements" means the total of all
disbursements. Disbursements include expenditures, in-kind expenditures, approved
expenditures, contributions made, in-kind contributions made, independent expenditures,
noncampaign disbursements, electioneering communications, and any other types of
expenditures and disbursements.
new text end

Sec. 5.

Minnesota Statutes 2024, section 10A.02, subdivision 15, is amended to read:


Subd. 15.

Fees and penalties.

(a) Upon written request, certified pursuant to section
10A.025, subdivision 2, the board must waive that portion of a late filing fee or a civil
penalty imposed for the late filing of a report or statement under this chapter for which the
requester demonstrates good cause for the late filing or submission.

new text begin (b) Notwithstanding paragraph (a), the board must not waive any portion of an enhanced
penalty.
new text end

deleted text begin (b)deleted text end new text begin (c) new text end The board must deposit deleted text begin alldeleted text end new text begin the first $49,000 innew text end fees and civil penalties collected
new text begin each fiscal year new text end under this chapter into the general fund in the state treasury.new text begin The board
must deposit any additional fees and civil penalties collected under this chapter into the
general account of the state elections campaign account in the special revenue fund.
new text end

Sec. 6.

Minnesota Statutes 2024, section 10A.025, subdivision 2, is amended to read:


Subd. 2.

Penalty for false statements.

(a) A report or statement required to be filed
under this chapter must be signed and certified as true by the individual required to file the
report. The signature may be an electronic signature consisting of a password assigned by
the board.

(b) An individual deleted text begin shalldeleted text end new text begin mustnew text end not new text begin willfully new text end sign and certify to be true a report or statement
knowing it contains false information or knowing it omits required information.

(c) An individual deleted text begin shalldeleted text end new text begin mustnew text end not deleted text begin knowinglydeleted text end new text begin willfullynew text end provide false or incomplete
information to a treasurer with the intent that the treasurer will rely on that information in
signing and certifying to be true a report or statement.

(d) new text begin The board must impose a civil penalty on new text end a person who violates paragraph (b) or (c)
deleted text begin is subject to a civil penalty imposed by the board ofdeleted text end new text begin . For campaign finance reports, the
penalty is up to four times the sum of the following amounts that were willfully false or
omitted: the beginning cash balance, total contributions, and total disbursements. For
campaign finance reports where more than $25,000 was willfully false or omitted, the
penalty must instead be equal to four times the amount that was willfully false or willfully
omitted. For all other reports, the penalty is
new text end up to $3,000.

new text begin (e) new text end A violation of paragraph (b) or (c) is a gross misdemeanor.

deleted text begin (e)deleted text end new text begin (f)new text end The board may impose deleted text begin an additional civil penalty of up to $3,000deleted text end on the principal
campaign committee or candidate, party unit, political committee, or association that has a
political fund that is affiliated with an individual who violated paragraph (b) or (c)new text begin an
additional civil penalty of an amount up to four times the amount of the beginning cash
balance, total contributions, and total disbursements that were willfully false or willfully
omitted from the report
new text end .

Sec. 7.

Minnesota Statutes 2024, section 10A.025, subdivision 3, is amended to read:


Subd. 3.

Record keeping; penalty.

(a) A person required to file a report or statement
or who has accepted record-keeping responsibility for the filer must maintain records on
the matters required to be reported, including vouchers, canceled checks, bills, invoices,
worksheets, and receipts, that will provide in sufficient detail the necessary information
from which the filed reports and statements may be verified, explained, clarified, and checked
for accuracy and completeness. The person must keep the records available for audit,
inspection, or examination by the board or its authorized representatives for four years from
the date of filing of the reports or statements or of changes or corrections to them.

(b) The board deleted text begin maydeleted text end new text begin mustnew text end impose a civil penalty deleted text begin of up to $3,000deleted text end on a person who
deleted text begin knowinglydeleted text end new text begin willfullynew text end violates this subdivision.new text begin For violations related to campaign finance
reports, the penalty is up to four times the amount reflected on the missing records. For
violations where the amount reflected on the missing campaign finance records exceeds
$25,000, the penalty must be equal to four times the amount reflected on the missing
campaign finance records. For all other violations, the civil penalty is up to $3,000.
new text end

new text begin (c)new text end The board may impose a separate civil penalty of up to deleted text begin $3,000deleted text end new text begin an amount equal to
four times the amount reflected on the missing campaign finance records
new text end on the principal
campaign committee or candidate, party unit, political committee, or association that has a
political fund that is affiliated with an individual who violated this subdivision.

deleted text begin (c)deleted text end new text begin (d)new text end A deleted text begin knowingdeleted text end new text begin willfulnew text end violation of this subdivision is a misdemeanor.

Sec. 8.

Minnesota Statutes 2024, section 10A.025, subdivision 4, is amended to read:


Subd. 4.

Changes and corrections.

new text begin (a) new text end Material changes in information previously
submitted and corrections to a report or statement must be reported in writing to the board
within ten days following the date of the event prompting the change or the date upon which
the person filing became aware of the inaccuracy. The change or correction must identify
the form and the paragraph containing the information to be changed or corrected. A request
from the board to a lobbyist to provide more detailed information about a specific subject
of interest disclosed on a lobbyist disbursement report is a change or correction governed
by this subdivision.

new text begin (b) The board must impose a civil penalty on new text end a person who willfully fails to report a
material change or correction deleted text begin is subject to a civil penalty imposed by the board ofdeleted text end new text begin . For
campaign finance reports, the penalty is
new text end up to new text begin four times the amount of the required change
or correction that the person willfully failed to report. For a violation related to a campaign
finance report where the amount of the required change or correction exceeds $25,000, the
penalty must be equal to four times the amount of the required change or correction that
the person willfully failed to report. For all other reports, the penalty is up to
new text end $3,000.

new text begin (c)new text end A willful violation of this subdivision is a gross misdemeanor.

new text begin (d) new text end The board must send a written notice to any individual who fails to file a report
required by this subdivision. If the individual fails to file the required report within ten
business days after the notice was sent, the board may impose a late filing fee of $25 per
day up to $1,000 starting on the 11th day after the notice was sent.

new text begin (e)new text end The board may send an additional notice by certified mail to an individual who fails
to file a report within ten business days after the first notice was sent by the board. The
certified notice must state that if the individual does not file the requested report within ten
business days after the certified notice was sent, the individual may be subject to a civil
penalty for failure to file a report. An individual who fails to file a report required by this
subdivision within ten business days after the certified notice was sent by the board is subject
to a civil penalty imposed by the board of up to $1,000.

Sec. 9.

Minnesota Statutes 2024, section 10A.025, subdivision 5, is amended to read:


Subd. 5.

Reconciliation information; penalty.

new text begin (a) new text end An individual or association required
to file a report under this chapter must provide information requested by the board to
reconcile discrepancies between the report and reports filed by other individuals or
associations. The board's request for information must be in writing. If the individual or
association fails to provide the requested information within ten business days after the
request was sent, the board may impose a late filing fee of $25 per day up to $1,000.

new text begin (b) new text end The board may send notice by certified mail to an individual or association that has
not timely responded to the board's written request for reconciliation information. The
certified notice must state that if the individual or association does not respond to the board's
request for information within ten business days after the certified notice was sent, the
individual or association may be subject to a civil penalty for failure to provide information
to the board. An individual or association that does not provide the requested information
within ten business days after the certified notice was sent is subject to a civil penalty
imposed by the board of up to $1,000.

new text begin (c) The board must impose a civil penalty on new text end a person who willfully fails to cooperate
with the board to reconcile a report discrepancy deleted text begin is subject to a civil penalty imposed by the
board of
deleted text end new text begin . For discrepancies related to campaign finance reports, the penalty isnew text end up to new text begin four
times the amount of the discrepancy about which the person willfully failed to cooperate.
For violations related to a campaign finance report where the amount of the discrepancy
exceeds $25,000, the penalty must be equal to four times the amount of the discrepancy
about which the person willfully failed to cooperate. For all other reports, the penalty is up
to
new text end $3,000.

Sec. 10.

Minnesota Statutes 2024, section 10A.025, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Penalty. new text end

new text begin A late fee or civil penalty related to a campaign finance report assessed
to a treasurer or candidate pursuant to this section may be paid by the treasurer's or candidate's
principal campaign committee, party unit, political committee, or association that has a
political fund.
new text end

Sec. 11.

Minnesota Statutes 2024, section 10A.20, subdivision 12, is amended to read:


Subd. 12.

Failure to file; late fees; penalty.

(a) deleted text begin Ifdeleted text end new text begin This subdivision governs late filing
fees and civil penalties in instances when
new text end an individual or association fails to file a report
required by this section or section 10A.202deleted text begin , the board may impose a late filing fee and a
civil penalty as provided in this subdivision
deleted text end .

(b) If a candidate, political committee, political fund, principal campaign committee, or
party unit fails to file a report required by this section that is due January 31, the board may
impose a late filing fee of $25 per day, not to exceed $1,000, commencing the day after the
report was due.

(c) Except for reports governed by paragraph (b), if an individual, political committee,
political fund, principal campaign committee, party unit, or association fails to file a report
required by subdivision 2, 2a, deleted text begin ordeleted text end 5, new text begin 5a, 6, or 14, new text end or by section 10A.202, new text begin late filing fees are
as follows:
new text end

new text begin (1) for reports not governed by clause (2), (3), or (4), new text end the board may impose a late filing
fee of $50 per day, not to exceed $1,000, commencing on the day after the date the deleted text begin statementdeleted text end new text begin
report
new text end was duedeleted text begin . Ifdeleted text end new text begin ;
new text end

new text begin (2) for reports due 15 days before the primary and reports due ten days before the general
election on which the total contributions or total disbursements that should have been newly
reported exceed $100,000, the board must impose a late filing fee of one percent of the total
contributions or total disbursements that should have been newly reported, whichever is
greater, per day, commencing on the day after the report was due;
new text end

new text begin (3) for a report required by subdivision 5 or 5a or section 10A.202 on whichnew text end the total
deleted text begin expenditures ordeleted text end new text begin contributions or totalnew text end disbursements deleted text begin that occurred during the reporting
period exceeds
deleted text end new text begin exceednew text end $25,000, deleted text begin thendeleted text end the board deleted text begin may alsodeleted text end new text begin mustnew text end impose a late filing fee of deleted text begin up
to two
deleted text end new text begin fournew text end percent of the deleted text begin expenditures ordeleted text end new text begin total contributions or totalnew text end disbursements that
should have been reported, new text begin whichever is greater, new text end per day, commencing on the day after the
report was duedeleted text begin , not to exceed 100 percent of the amount that should have been reported.deleted text end new text begin ;
or
new text end

new text begin (4) for willful violations of clause (2) or (3), the board must instead impose a late filing
fee of twice that required by that clause, per day, commencing on the day after the report
was due.
new text end

(d) If an individual, political committee, political fund, principal campaign committee,
party unit, or association has been assessed a late filing fee or civil penalty under this
subdivision during the prior four years, the board may impose a late filing fee, a civil penalty,
or both of up to twice the amount otherwise authorized by this subdivision. If an individual,
political committee, political fund, principal campaign committee, party unit, or association
has been assessed a late filing fee new text begin or civil penalty new text end under this subdivision more than two
times during the prior four years, the board may impose a late filing fee new text begin or civil penalty, or
both,
new text end of up to three times the amount otherwise authorized by this subdivision. new text begin If a late
filing fee and civil penalty are related to the same report or statement, the late filing fee and
civil penalty count as a single penalty for purposes of this paragraph.
new text end

new text begin (e) If an individual, political committee, political fund, principal campaign committee,
party unit, or association has been assessed an enhanced penalty during the prior four years,
the board must impose a late filing fee, a civil penalty, or both, of up to twice the amount
otherwise authorized by this subdivision. If an individual, political committee, political
fund, principal campaign committee, party unit, or association has been assessed an enhanced
penalty more than two times during the prior four years, the board must impose a late filing
fee, a civil penalty, or both, of up to three times the amount otherwise authorized by this
subdivision. If a late filing fee and civil penalty are related to the same report or statement,
the late filing fee and civil penalty count as a single penalty for purposes of this paragraph.
new text end

deleted text begin (e)deleted text end new text begin (f)new text end Within ten business days after the report was due or receipt by the board of
information disclosing the potential failure to file a report required by this section, the board
must send notice by certified mail that the individual or association may be subject to a civil
penalty for failure to file the report. new text begin If new text end an individual deleted text begin whodeleted text end fails to file the report within seven
days after the certified mail notice was sent by the boardnew text begin , civil penalties are as follows:
new text end

new text begin (1) for reports not governed by clause (2), (3), or (4), the individualnew text end is subject to a civil
penalty imposed by the board of up to $2,000 in addition to the late filing fees imposed by
this subdivisiondeleted text begin .deleted text end new text begin ;
new text end

new text begin (2) for reports due 15 days before the primary and reports due ten days before the general
election on which the total contributions or total disbursements that should have been newly
reported exceed $100,000, the board must impose a civil penalty of 100 percent of the total
contributions or total disbursements that should have been newly reported, whichever is
greater;
new text end

new text begin (3) for a report required by subdivision 5 or 5a or section 10A.202 in which total
contributions or total disbursements exceed $25,000, the board must impose a civil penalty
of 100 percent of the total contributions or total disbursements that should have been reported,
whichever is greater; or
new text end

new text begin (4) for willful violations of clauses (2) and (3), the board must instead impose a civil
penalty of twice that required by that clause.
new text end

Sec. 12.

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


new text begin Subd. 16. new text end

new text begin Penalty. new text end

new text begin A late filing fee or civil penalty assessed to a treasurer or candidate
pursuant to this section may be paid by the treasurer's or candidate's principal campaign
committee, party unit, political committee, or association that has a political fund.
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective August 12, 2026, and applies to reports and statements due on or
after that date.
new text end