Secretary of state required to prepare and distribute a voter information guide prior to each statewide general election, and rulemaking authorized.

A bill for an act

relating to elections; requiring the secretary of state to prepare and distribute a

voter information guide prior to each statewide general election; authorizing

rulemaking; proposing coding for new law as Minnesota Statutes, chapter 213.

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

Section 1.

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[213.01] DEFINITIONS.

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(a) For purposes of this chapter, the terms in this section have the meanings given.

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(b) "Candidate" means an individual whose name is or is expected to be printed on the

official ballot.

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(c) "Guide" means the voter information guide as prescribed in this section.

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(d) "Measure" means a proposed amendment to the Minnesota Constitution submitted

to the people for their approval or rejection at an election.

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Sec. 2.

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[213.02] PRINTING AND DISTRIBUTION OF VOTER INFORMATION

GUIDE.

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(a) The secretary of state shall print and distribute a voter information guide for every

statewide general election. The secretary of state shall distribute the voter information guide

to each household containing registered voters in the state, to all public libraries, to all public

colleges and universities, and to any other locations the secretary deems appropriate.

Consistent with section 213.04, the secretary of state must make the material required to be

distributed by this chapter available to the public in electronic form.

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(b) Not less than 53 days before the general election, the secretary of state shall mail a

printed copy of the voter information guide to every household where at least one registered

voter resides, as indicated by the statewide voter registration system at the time of the

mailing. The secretary of state must make additional copies available upon request.

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(c) A voter information guide is not required to be mailed to a voter who registered after

the 29th day before an election.

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Sec. 3.

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[213.03] INFORMATION INCLUDED IN VOTER INFORMATION GUIDE.

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Subdivision 1.

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Contents of guide.

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(a) The voter information guide must include an

information section that contains the following:

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(1) the eligibility requirements for voting;

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(2) when a voter is required to register or update a voter registration;

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(3) a statement on the front or back cover of the voter information guide, developed in

consultation with the county auditors, that the guide may be used to assist electors in voting;

and

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(4) any other information the secretary of state considers relevant to the conduct of the

election.

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(b) The information section may also include the following:

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(1) maps showing the boundaries of state senate and state house of representatives

districts;

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(2) a voter registration form;

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(3) an absentee ballot application form; and

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(4) voter instructions, including the right of a voter to request a second ballot if the first

ballot is spoiled and the right of a voter to seek assistance in marking the ballot.

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Subd. 2.

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Name of secretary of state, county auditor, or municipal clerk.

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The name

of the secretary of state, county auditor, or municipal clerk may not appear in the voter

information guide in their official capacity if the secretary, county auditor, or municipal

clerk is a candidate at the election for which the voter information guide is printed.

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Sec. 4.

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[213.04] ACCESSIBILITY.

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(a) The guide must, to the extent reasonably practicable:

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(1) be written in English and the three most commonly spoken non-English languages

as determined by the state demographer;

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(2) explain in each language that an electronic copy of portions of the guide are publicly

available in those languages; and

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(3) provide the website address where the guide in each language can be found.

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(b) The statements required or permitted by paragraph (a) must be clearly readable. The

secretary of state must post an electronic version of the voter information guide on the

secretary's website.

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(c) The secretary of state shall prepare a recording of the voter information guide and

must make the recording available in English to any voter upon request, without cost.

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Sec. 5.

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[213.05] PROHIBITION AGAINST DECEPTIVELY SIMILAR CAMPAIGN

MATERIALS.

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(a) No person or entity may publish or distribute any campaign material that is deceptively

similar in design or appearance to a voter information guide that was published by the

secretary of state during the ten-year period before the publication or distribution of the

campaign material by the person or entity. The secretary of state shall take reasonable

measures to prevent or to stop violations of this section. Such measures may include, among

others, petitioning the Minnesota Court of Administrative Hearings for a temporary

restraining order or other appropriate injunctive relief. In addition, the secretary may request

the Minnesota Court of Administrative Hearings to impose a civil fine on a violator of this

section. The court is authorized to levy on and recover from each violator a civil fine not

to exceed the greater of: (1) $5 for each copy of the deceptive material distributed; or (2)

$10,000. In addition, the violator is liable for the state's legal expenses and other costs

resulting from the violation. Any funds recovered under this section must be transmitted to

the commissioner of revenue for deposit in the general fund.

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(b) Nothing in this section prohibits a person or entity from republishing or distributing

all or a portion of the content of a voter information guide, provided that the content is

otherwise republished or distributed in an unaltered form.

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Sec. 6.

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[213.06] FORMAT, LAYOUT, AND CONTENTS.

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(a) The secretary of state shall determine the format and layout of the voter information

guide. The guide must be printed in clear, readable type on a size, quality, and weight of

paper that, in the judgment of the secretary of state, best serves the voters. The guide must

contain a table of contents.

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(b) The voter information guide must contain:

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(1) information about each proposed state constitutional amendment as required by

section 213.08;

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(2) a statement and contact information, if submitted, from each candidate for the offices

of president and vice president of the United States; United States senator; United States

representative; governor and lieutenant governor; secretary of state; state auditor; attorney

general; state senator; state representative; justice of the supreme court; judge of the state

court of appeals; and judge of the district court;

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(3) contact information for the Campaign Finance and Public Disclosure Board, including

the following statement: "For a list of the people and organizations that donated to statewide,

legislative and judicial campaigns, visit cfb.mn.gov." The statement must be placed in a

prominent position, such as the first two pages of the voter information guide. The secretary

of state may modify the wording as is necessary for accuracy and clarity and consistent with

the intent of this section;

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(4) contact information for each major political party;

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(5) a list of each college and university in Minnesota, and their campus vote coordinator

and their contact information;

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(6) a page providing information on accessing an electronic copy of the voter information

guide; and

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(7) any additional information pertaining to elections as may be required by law or rule.

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(c) If a candidate does not submit a candidate statement pursuant to this section, the

document shall include with the candidate's listing the words "no statement submitted."

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Sec. 7.

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[213.07] PARTY PREFERENCE.

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The voter information guide must list the political party affiliation or political principle

for each candidate appearing on the ballot, as identified on the candidate's affidavit of

candidacy or nominating petition.

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Sec. 8.

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[213.08] CONSTITUTIONAL AMENDMENT PROVISIONS.

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(a) A state constitutional amendment proposal must be printed in the voter information

guide so that language proposed for deletion is enclosed by double parentheses and has a

line through it. Proposed new language must be underlined. A statement explaining the

deletion and addition of language must appear as follows: "Any language in double

parentheses with a line through it is the existing state constitution and will be taken out of

the constitution if this measure is approved by voters. Any underlined language does not

appear in the existing state constitution but will be added to the constitution if this measure

is approved by voters."

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(b) The voter information guide must provide the following information for each state

constitutional amendment proposal:

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(1) the legal identification of the measure by bill numbers as given by the senate and

house of representatives;

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(2) the official ballot title of the constitutional amendment proposal;

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(3) a statement prepared by the revisor of statutes explaining the law as it presently

exists;

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(4) a statement prepared by the revisor of statutes explaining the effect of the proposed

measure if it becomes law;

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(5) any fiscal notes stating the fiscal impact of the constitutional amendment proposal

that were generated during the legislative process, if applicable;

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(6) the total number of votes cast for and against the measure in the senate and house

of representatives; and

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(7) the full text of the measure.

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(c) Explanatory statements on state constitutional amendment proposals shall be prepared

by the revisor of statutes. Explanatory statements must be written in clear and concise

language, avoiding legal and technical terms when possible. Explanatory statements shall

also include the meanings of "yes" and "no" votes on state constitutional amendment

proposals. Statements must be initiated by written request from the secretary of state to the

revisor of statutes and must be filed with the secretary of state by the date provided in the

request.

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(d) When the explanatory statements on state constitutional amendment proposals are

filed with the secretary of state, the secretary of state shall immediately provide the text of

the statements to the secretary of the senate, the chief clerk of the house of representatives,

the chief author of the bill in the senate, the chief author of the bill in the house of

representatives, and any others who have made a written request for notification of the exact

language of the statements.

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Sec. 9.

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[213.09] ELECTRONIC FILING SYSTEM.

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The secretary of state by rule shall adopt an electronic filing system to allow portraits

and statements to be filed electronically.

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Sec. 10.

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[213.10] PHOTOGRAPHS; REQUIREMENTS.

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(a) All photographs of candidates submitted for publication must conform to standards

established by the secretary of state by rule. No photograph may reveal clothing or insignia

suggesting the holding of a public office. A candidate may not submit for inclusion in the

voter information guide a portrait that was taken more than four years before the date the

portrait is filed with the secretary of state. A portrait submitted for inclusion in the guide

must:

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(1) be a conventional photograph with a plain background;

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(2) show the face or the head, neck, and shoulders of the candidate; and

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(3) be prepared and processed for printing as prescribed by the secretary of state.

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(b) A portrait submitted for inclusion in the voter information guide may not:

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(1) include the hands or anything held in the hands of the candidate;

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(2) show the candidate wearing a judicial robe, a hat, or a military, police, or fraternal

uniform; or

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(3) show the uniform or insignia of any organization.

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(c) A photograph may include a hat or head covering that is religious in nature.

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(d) The secretary of state shall prescribe by rule the size and manner of placement of

the photograph printed in the voter information guide, except that the size of the printed

photograph shall not be smaller than 1.5 inches by 1.75 inches. The rule shall apply in the

same manner to all candidates for the same nomination or office.

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(e) All photographs shall be printed in black and white, but may be submitted by

candidates to the secretary of state in color.

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(f) Candidates for governor and lieutenant governor must submit two photographs as a

combined ticket: one of the candidate for governor and one of the candidate for lieutenant

governor.

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Sec. 11.

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[213.11] LENGTH OF CANDIDATE STATEMENTS.

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(a) The maximum number of words for statements submitted by candidates is as follows:

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(1) state representative, state senator, district court judge, 100 words;

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(2) judge of the court of appeals, justice of the supreme court, secretary of state, attorney

general, state auditor, 200 words; and

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(3) president and vice president, United States senator, United States representative,

governor and lieutenant governor, 300 words.

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(b) Governor and lieutenant governor candidates shall submit one statement as a combined

ticket.

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(c) The secretary of state shall allocate space in the guide based on the number of

candidates or nominees for each office.

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(d) Pages on which candidates' photographs or statements appear must be clearly

identified with the words "images and statements provided by the candidate."

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(e) No candidate statement may identify or reference another candidate running for the

same office as the candidate providing the statement.

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Sec. 12.

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[213.12] DEADLINE FOR SUBMISSION OF CANDIDATE STATEMENTS

AND PHOTOGRAPHS.

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The secretary of state may, by rule, set a deadline for submission of candidate statements

and photographs for inclusion in the voter information guide. The deadline for submission

of candidate statements and photographs must not be earlier than ten days immediately

following the deadline for filing affidavits of candidacy.

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Sec. 13.

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[213.13] REJECTION OR DISPUTE OF CANDIDATE STATEMENTS.

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Subdivision 1.

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Obscene or other prohibited material.

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If in the opinion of the secretary

of state any candidate statement submitted for inclusion in the voter information guide is

obscene or contains matter that is otherwise prohibited by law from distribution through

the mail, the secretary may petition the Minnesota Court of Administrative Hearings for a

determination that the argument or statement may be rejected for publication or edited to

delete the matter. The court shall not enter such an order unless it concludes that the matter

is obscene or otherwise prohibited for distribution through the mail.

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Subd. 2.

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False or misleading statements.

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A candidate's statement submitted for inclusion

in the voter information guide shall not contain false or misleading statements about the

candidate's opponent. A false or misleading statement shall be considered "libel or defamation

per se" if the statement tends to expose the candidate to hatred, contempt, ridicule, or

obloquy, or to deprive him or her of the benefit of public confidence or social intercourse,

or to injure him or her in his or her business or occupation. If a candidate believes his or

her opponent has libeled or defamed him or her, the candidate may commence an action

under subdivision 3.

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Subd. 3.

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Defamation action.

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(a) A person who believes that he or she may be defamed

by a candidate statement offered for inclusion in the voter information guide offered in

support of a candidate may petition the Court of Administrative Hearings for a determination

that the argument or statement may be rejected for publication or edited to delete the

defamatory statement.

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(b) The court shall not enter such an order unless it concludes that the statement is untrue

and that the petitioner has a very substantial likelihood of prevailing in a defamation action.

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(c) An action under this subdivision must be filed and served no later than the tenth day

after the deadline for the submission of the statement to the secretary of state.

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(d) If the secretary of state notifies a person named or identified in a statement of the

contents of the statement within three business days after the deadline for submission to the

secretary, then neither the state nor the secretary is liable for damages resulting from

publication of the argument or statement unless the secretary publishes the argument or

statement in violation of an order entered under this section. Nothing in this section creates

a duty on the part of the secretary of state to identify, locate, or notify the person.

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Subd. 4.

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Resolution of disputes.

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Parties to a dispute under this section may agree to

resolve the dispute by rephrasing the statement, even if the deadline for submission to the

secretary of state has elapsed, unless the secretary determines that the process of publication

is too far advanced to permit the change. The secretary shall promptly provide any such

revision to all parties of the dispute.

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Subd. 5.

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Court of Administrative Hearings procedure.

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In an action under this section

the campaign committee or candidate must be named as a defendant and may be served

with process by certified mail directed to the address contained in the secretary's records

for that party. The secretary of state shall be a nominal party to an action brought under

subdivision 3 solely for the purpose of determining the content of the voter information

guide. The Court of Administrative Hearings shall give such an action priority on its calendar.

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Sec. 14.

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[213.14] RULEMAKING.

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The secretary of state may adopt rules necessary to facilitate the administration of this

chapter.

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