2007 Minnesota Statutes

211B.15 CORPORATE POLITICAL CONTRIBUTIONS.
    Subdivision 1. Definitions. For purposes of this section, "corporation" means:
(1) a corporation organized for profit that does business in this state;
(2) a nonprofit corporation that carries out activities in this state; or
(3) a limited liability company formed under chapter 322B, or under similar laws of another
state, that does business in this state.
    Subd. 2. Prohibited contributions. A corporation may not make a contribution or offer
or agree to make a contribution, directly or indirectly, of any money, property, free service
of its officers, employees, or members, or thing of monetary value to a major political party,
organization, committee, or individual to promote or defeat the candidacy of an individual for
nomination, election, or appointment to a political office. For the purpose of this subdivision,
"contribution" includes an expenditure to promote or defeat the election or nomination of a
candidate to a political office that is made with the authorization or expressed or implied
consent of, or in cooperation or in concert with, or at the request or suggestion of, a candidate or
committee established to support or oppose a candidate.
    Subd. 3. Independent expenditures. A corporation may not make an independent
expenditure or offer or agree to make an independent expenditure to promote or defeat the
candidacy of an individual for nomination, election, or appointment to a political office. For the
purpose of this subdivision, "independent expenditure" means an expenditure that is not made with
the authorization or expressed or implied consent of, or in cooperation or concert with, or at the
request or suggestion of, a candidate or committee established to support or oppose a candidate.
    Subd. 4. Ballot question. A corporation may make contributions or expenditures to promote
or defeat a ballot question, to qualify a question for placement on the ballot unless otherwise
prohibited by law, or to express its views on issues of public concern. A corporation may not
make a contribution to a candidate for nomination, election, or appointment to a political office or
to a committee organized wholly or partly to promote or defeat a candidate.
    Subd. 5. News media. This section does not prohibit publication or broadcasting of news
items or editorial comments by the news media.
    Subd. 6. Penalty for individuals. An officer, manager, stockholder, member, agent,
employee, attorney, or other representative of a corporation acting in behalf of the corporation
who violates this section may be fined not more than $20,000 or be imprisoned for not more
than five years, or both.
    Subd. 7. Penalty for corporations. A corporation convicted of violating this section is
subject to a fine not greater than $40,000. A convicted domestic corporation may be dissolved
as well as fined. If a foreign or nonresident corporation is convicted, in addition to being fined,
its right to do business in this state may be declared forfeited.
    Subd. 8. Permitted activity; political party. It is not a violation of this section for a political
party, as defined in section 200.02, subdivision 7, to form a nonprofit corporation for the sole
purpose of holding real property to be used exclusively as the party's headquarters.
    Subd. 9. Media projects. It is not a violation of this section for a corporation to contribute to
or conduct public media projects to encourage individuals to attend precinct caucuses, register, or
vote if the projects are not controlled by or operated for the advantage of a candidate, political
party, or committee.
    Subd. 10. Meeting facilities. It is not a violation of this section for a corporation to provide
meeting facilities to a committee, political party, or candidate on a nondiscriminatory and
nonpreferential basis.
    Subd. 11. Messages on premises. It is not a violation of this section for a corporation
selling products or services to the public to post on its public premises messages that promote
participation in precinct caucuses, voter registration, or elections if the messages are not controlled
by or operated for the advantage of a candidate, political party, or committee.
    Subd. 12. Reports required. The total amount of an expenditure or contribution for any one
project permitted by subdivisions 9 and 11 that is more than $200, together with the date, purpose,
and the names and addresses of the persons receiving the contribution or expenditures, must be
reported to the secretary of state. The reports must be filed on forms provided by the secretary of
state on the dates required for committees under section 211A.02. Failure to file is a misdemeanor.
    Subd. 13. Aiding violation; penalty. An individual who aids, abets, or advises a violation of
this section is guilty of a gross misdemeanor.
    Subd. 14. Prosecutions; venue. Violations of this section may be prosecuted in the county
where the payment or contribution was made, where services were rendered, or where money
was paid or distributed.
    Subd. 15. Nonprofit corporation exemption. The prohibitions in this section do not apply
to a nonprofit corporation that:
(1) is not organized or operating for the principal purpose of conducting a business;
(2) has no shareholders or other persons affiliated so as to have a claim on its assets or
earnings; and
(3) was not established by a business corporation or a labor union and has a policy not to
accept significant contributions from those entities.
    Subd. 16. Employee political fund solicitation. Any solicitation of political contributions
by an employee must be in writing, informational and nonpartisan in nature, and not promotional
for any particular candidate or group of candidates. The solicitation must consist only of a general
request on behalf of an independent political committee (conduit fund) and must state that there is
no minimum contribution, that a contribution or lack thereof will in no way impact the employee's
employment, that the employee must direct the contribution to candidates of the employee's
choice, and that any response by the employee shall remain confidential and shall not be directed
to the employee's supervisors or managers. Questions from an employee regarding a solicitation
may be answered orally or in writing consistent with the above requirements. Nothing in this
subdivision authorizes a corporate donation of an employee's time prohibited under subdivision 2.
    Subd. 17. Nonprofit corporation political activity. It is not a violation of this section for a
nonprofit corporation to provide administrative assistance to one political committee or political
fund that is associated with the nonprofit corporation and registered with the Campaign Finance
and Public Disclosure Board under section 10A.14. Such assistance must be limited to accounting,
clerical or legal services, bank charges, utilities, office space, and supplies. The records of the
political committee or political fund may be kept on the premises of the nonprofit corporation.
The administrative assistance provided by the nonprofit corporation to the political
committee or political fund is limited annually to the lesser of $5,000 or 7-1/2 percent of the
expenditures of the political committee or political fund.
History: 1988 c 578 art 3 s 15; 1989 c 209 art 2 s 26; 1992 c 517 art 1 s 1-9; 1993 c 318 art
2 s 49; 1996 c 459 s 3,4; 1997 c 202 art 2 s 63