HF 304

as introduced - 91st Legislature (2019 - 2020) Posted on 01/24/2019 02:17pm

A bill for an act
relating to state government; restricting certain political activities of state
constitutional officers and employees; regulating the content of websites and
publications during certain periods; amending Minnesota Statutes 2018, sections
10.60, subdivision 4; 43A.32, subdivision 1.

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

Section 1.

Minnesota Statutes 2018, section 10.60, subdivision 4, is amended to read:

Subd. 4.

Permitted material.

(a) Material specified in this subdivision may be included
on a website or in a publication, but only if the material complies with subdivision 2. This
subdivision is not a comprehensive list of material that may be contained on a website or
in a publication, if the material complies with subdivision 2.

(b) A website or publication may include biographical information about an elected or
appointed official deleted text begin , deleted text end new text begin and new text end a single official photograph of the official deleted text begin , and deleted text end new text begin . Except during the
period beginning 60 days after adjournment sine die of the legislature in an even-numbered
year and ending the day after the state general election in that year, a website or publication
may also contain new text end photographs of the official performing functions related to the office.
There is no limitation on photographs, webcasts, archives of webcasts, and audio or video
files that facilitate access to information or services or inform the public about the duties
and obligations of the office or that are intended to promote trade or tourism. new text begin Except during
the period beginning 60 days after adjournment sine die of the legislature in an
even-numbered year and ending the day after the state general election in that year, new text end a state
website or publication may include photographs or information involving civic or charitable
work done by the governor's spouse, provided that these activities relate to the functions of
the governor's office.

(c) A website or publication may include press releases, proposals, policy positions, and
other information directly related to the legal functions, duties, and jurisdiction of a public
official or organization.

(d) The election-related website maintained by the Office of the Secretary of State shall
provide links to:

(1) the campaign website of any candidate for legislative, constitutional, judicial, or
federal office who requests or whose campaign committee requests such a link and provides
in writing a valid URL address to the Office of the Secretary of State; and

(2) the website of any individual or group advocating for or against or providing neutral
information with respect to any ballot question, where the individual or group requests such
a link and provides in writing a valid website address and valid e-mail address to the Office
of the Secretary of State.

These links must be provided on the election-related website maintained by the Office
of the Secretary of State from the opening of filing for the office in question until the business
day following the day on which the State Canvassing Board has declared the results of the
state general election, or November 30 of the year in which the election has taken place,
whichever date is earlier. The link must be activated on the election-related website
maintained by the Office of the Secretary of State within two business days of receipt of
the request from a qualified candidate or committee.

Sec. 2.

Minnesota Statutes 2018, section 43A.32, subdivision 1, is amended to read:

Subdivision 1.

Prohibition.

new text begin (a) new text end No employee shall, directly or indirectly, during hours
of employment deleted text begin solicit or receive funds for political purposes deleted text end new text begin engage in political activity new text end , or
use official authority or influence to compel an employee in the classified service to apply
for membership in or become a member of any political organization, to pay or promise to
pay any assessment, subscription, or contribution or to take part in any political activity.

new text begin (b) As used in this subdivision, "political activity" means any activity intended to
influence, directly or indirectly, voting at a federal, state, or local election and includes, but
is not limited to:
new text end

new text begin (1) engaging in any of the following activity on behalf of a candidate, committee, or
political party unit:
new text end

new text begin (i) soliciting or receiving contributions;
new text end

new text begin (ii) recording contribution receipts;
new text end

new text begin (iii) sending contribution thank-you notes or contribution receipt forms to contributors;
or
new text end

new text begin (iv) preparing reports required to be filed under chapter 10A, chapter 211A, or applicable
federal law;
new text end

new text begin (2) design or production of campaign material for an election;
new text end

new text begin (3) participating in campaign planning or training for candidates; or
new text end

new text begin (4) preparing a written campaign plan for a candidate.
new text end

new text begin (c) A constitutional officer, and any employee in the unclassified service serving in the
executive offices of a constitutional officer, may not prepare or distribute, or assist in the
preparation or distribution of, newsletters, questionnaires, or other mass mailings, or
individualized letters of congratulations during the period beginning 60 days after
adjournment sine die of the legislature in an even-numbered year and ending the day after
the state general election in that year. A constitutional officer or employee subject to the
restrictions provided by this paragraph may not circumvent those restrictions by directing
other employees to engage in a prohibited activity on the constitutional officer or employee's
behalf.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end