SF 3281

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/22/2022 08:26am

A bill for an act
relating to campaign finance; modifying a definition related to express advocacy
in certain communications; requiring additional information on the independent
expenditure disclaimer; directing the Campaign Finance and Public Disclosure
Board to adopt rules related to disclaimer requirements on small electronic
communications; amending Minnesota Statutes 2020, section 211B.04, subdivisions
2, 3, by adding a subdivision; Minnesota Statutes 2021 Supplement, section 10A.01,
subdivision 16a.

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

Section 1.

Minnesota Statutes 2021 Supplement, section 10A.01, subdivision 16a, is
amended to read:

Subd. 16a.

Expressly advocating.

"Expressly advocating" means new text begin :
new text end

new text begin (1) new text end that a communication clearly identifies a candidate or a local candidate and uses
words or phrases of express advocacy deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) that a communication when taken as a whole and with limited reference to external
events, such as the proximity to the election, is susceptible of no reasonable interpretation
other than as an appeal advocating the election or defeat of one or more clearly identified
candidates; or
new text end

new text begin (3) that a communication promotes, supports, criticizes, or opposes a candidate, regardless
of whether the communication expressly advocates the election or defeat of a candidate.
new text end

Sec. 2.

Minnesota Statutes 2020, section 211B.04, subdivision 2, is amended to read:

Subd. 2.

Independent expenditures.

(a) The required form of the disclaimer on a written
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. new text begin The top three
contributors funding this expenditure are (1)......., (2)......., and (3)....... new text end " 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 a broadcast 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. new text begin The top three contributors funding this expenditure are (1)......., (2)......., and (3)....... new text end "
When a broadcast 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."

new text begin (c) The listing of the top three contributors required to be included in a disclaimer under
this subdivision must identify by name the three individuals or entities making the largest
contribution required to be reported under chapter 10A to the expending entity during the
12-month period preceding the first date at which the expenditure was published or presented
to the public. Contributions to the expending entity that are segregated, tracked, and used
for purposes other than the expenditure requiring the disclaimer should not be included in
calculating the top three contributors required to be identified under this subdivision.
new text end

Sec. 3.

Minnesota Statutes 2020, 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
fund-raising 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 and
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 deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (3) online banner ads and similar electronic communications that link directly to an
online page that includes the disclaimer.
deleted text end

(d) This section does not modify or repeal section 211B.06.

Sec. 4.

Minnesota Statutes 2020, section 211B.04, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Certain electronic communications and advertisements. new text end

new text begin Notwithstanding
subdivisions 1 and 2, the Campaign Finance and Public Disclosure Board must adopt rules
using the expedited process in section 14.389 to specify the form and content of the disclaimer
required by those subdivisions for small electronic communications on which the full
disclaimer cannot be conveniently printed including but not limited to online banner ads,
text messages, social media communications, and small advertisements appearing on a
mobile telephone or other handheld electronic device. In its rules, the board may waive the
disclaimer requirement for categories of communications where inclusion would be
technologically impossible.
new text end