SF 458

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; conforming disclaimer requirements for campaign material
to constitutional requirements; amending Minnesota Statutes 2006, section
211B.04.

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

Section 1.

Minnesota Statutes 2006, section 211B.04, is amended to read:

211B.04 CAMPAIGN LITERATURE MUST INCLUDE DISCLAIMER.

new text begin Subdivision 1. new text end

new text begin Purpose of disclaimer requirement. new text end

new text begin The legislature finds that
the disclaimer requirement in subdivision 2 serves several purposes that are vital to the
preservation of free and fair elections.
new text end

new text begin One purpose of the disclaimer requirement is to avoid the appearance of corruption
in political campaigns by enforcing the requirement that those who spend significant sums
of money on political campaigns must report their campaign expenditures. If campaign
material can be disseminated without disclosing who paid for it, enforcement of reporting
requirements will be difficult.
new text end

new text begin A second purpose of the disclaimer requirement is to promote justice and fair play in
campaigns by permitting a candidate who is accused of misdeeds to confront the accuser.
new text end

new text begin A third purpose of the disclaimer requirement is to give voters information about the
source of statements in campaign material so they may better judge its credibility.
new text end

new text begin A fourth purpose of the disclaimer requirement is to make it possible to hold those
who disseminate false campaign material in violation of section 211B.06 accountable for
their actions.
new text end

new text begin Subd. 2. new text end

new text begin Requirement. new text end

(a) A person who participates in the preparation or
dissemination of campaign material other than as provided in section 211B.05, subdivision
1, 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:
"Prepared and paid for by the .......... committee, .........(address)" for material prepared
and paid for by a principal campaign committee, or "Prepared and paid for by the ..........
committee, .........(address), in support of .........(insert name of candidate or ballot
question)" for material prepared and paid for by a person or committee other than a
principal campaign committee.

(c) In the case of broadcast media, the required form of disclaimer is: "Paid for by
the ............ committee."

(d) Campaign material that is not circulated on behalf of a particular candidate
or ballot question must also include in the disclaimer either that it is "in opposition to
.....(insert name of candidate or ballot question.....)"; or that "this publication is not
circulated on behalf of any candidate or ballot question."

(e) This section does not apply to objects stating only the candidate's name and
the office sought, fund-raising tickets, or personal letters that are clearly being sent by
the candidate.

(f) This section does not apply to an individual or association who acts independently
of any candidate, candidate's committee, political committee, or political fund and spends
only from the individual's or association's own resources a sum that is less than $500 in
the aggregate to produce or distribute campaign material that is distributed at least deleted text begin seven deleted text end new text begin
20 new text end days before the election to which the campaign material relates.

(g) new text begin This section does not apply to an individual or association that acts independently
of any candidate, candidate's committee, political committee, or political fund and spends
only from the individual's or association's own resources to produce or distribute campaign
material that does not violate section 211B.06.
new text end

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

Sec. 2. new text begin EFFECTIVE DATE.
new text end

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