SF 2292

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; conforming disclaimer 
  1.3             requirements for campaign material to constitutional 
  1.4             limitations; amending Minnesota Statutes 2002, 
  1.5             sections 211B.01, subdivision 2; 211B.04.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [PURPOSE OF DISCLAIMER REQUIREMENT.] 
  1.8      The legislature finds that the disclaimer requirement in 
  1.9   Minnesota Statutes, section 211B.04, serves several purposes 
  1.10  that are vital to the preservation of free and fair elections.  
  1.11  One purpose of the disclaimer requirement is to avoid the 
  1.12  appearance of corruption in political campaigns by enforcing the 
  1.13  requirement that those who spend significant sums of money on 
  1.14  political campaigns must report their campaign expenditures.  If 
  1.15  campaign material can be disseminated without disclosing who 
  1.16  paid for it, enforcement of reporting requirements will be 
  1.17  difficult. 
  1.18     A second purpose of the disclaimer requirement is to 
  1.19  promote justice and fair play in campaigns by permitting a 
  1.20  candidate who is accused of misdeeds to confront the accuser. 
  1.21     A third purpose of the disclaimer requirement is to give 
  1.22  voters information about the source of statements in campaign 
  1.23  material so they may better judge its credibility. 
  1.24     A fourth purpose of the disclaimer requirement is to make 
  1.25  it possible to hold those who disseminate false campaign 
  2.1   material in violation of Minnesota Statutes, section 211B.06, 
  2.2   accountable for their actions. 
  2.3      Sec. 2.  Minnesota Statutes 2002, section 211B.01, 
  2.4   subdivision 2, is amended to read: 
  2.5      Subd. 2.  [CAMPAIGN MATERIAL.] "Campaign material" means 
  2.6   any literature, publication, or material tending to influence 
  2.7   that is disseminated for the purpose of influencing voting at a 
  2.8   primary or other election, except for news items or editorial 
  2.9   comments by the news media. 
  2.10     Sec. 3.  Minnesota Statutes 2002, section 211B.04, is 
  2.11  amended to read: 
  2.12     211B.04 [CAMPAIGN LITERATURE MUST INCLUDE DISCLAIMER.] 
  2.13     (a) A person who participates in the preparation or 
  2.14  dissemination of campaign material other than as provided in 
  2.15  section 211B.05, subdivision 1, that does not prominently 
  2.16  include the name and address of the person or committee causing 
  2.17  the material to be prepared or disseminated in a disclaimer 
  2.18  substantially in the form provided in paragraph (b) or (c) is 
  2.19  guilty of a misdemeanor.  
  2.20     (b) Except in cases covered by paragraph (c), the required 
  2.21  form of disclaimer is:  "Prepared and paid for by the .......... 
  2.22  committee, .........(address)" for material prepared and paid 
  2.23  for by a principal campaign committee, or "Prepared and paid for 
  2.24  by the .......... committee, .........(address), in support of 
  2.25  .........(insert name of candidate or ballot question)" for 
  2.26  material prepared and paid for by a person or committee other 
  2.27  than a principal campaign committee. 
  2.28     (c) In the case of broadcast media, the required form of 
  2.29  disclaimer is:  "Paid for by the ............ committee." 
  2.30     (d) Campaign material that is not circulated on behalf of a 
  2.31  particular candidate or ballot question must also include in the 
  2.32  disclaimer either that it is "in opposition to .....(insert name 
  2.33  of candidate or ballot question.....)"; or that "this 
  2.34  publication is not circulated on behalf of any candidate or 
  2.35  ballot question." 
  2.36     (e) This section does not apply to objects stating only the 
  3.1   candidate's name and the office sought, fund-raising tickets, or 
  3.2   personal letters that are clearly being sent by the candidate. 
  3.3      (f) This section does not apply to an individual or 
  3.4   association who acts independently of any candidate, candidate's 
  3.5   committee, political committee, or political fund and spends 
  3.6   only from the individual's or association's own resources a sum 
  3.7   that is less than $300 $500 in the aggregate to produce or 
  3.8   distribute campaign material that is distributed at least 14 
  3.9   seven days before the election to which the campaign material 
  3.10  relates. 
  3.11     (g) This section does not modify or repeal section 211B.06. 
  3.12     Sec. 4.  [EFFECTIVE DATE.] 
  3.13     This act is effective the day following final enactment.