Misrepresentation of campaign authority prohibited, criminal penalties and civil remedies provided.

A bill for an act

relating to elections; prohibiting misrepresentation of campaign authority; providing

criminal penalties and civil remedies; amending Minnesota Statutes 2024, section

211B.32, subdivision 1; proposing coding for new law in Minnesota Statutes,

chapter 211B.

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

Section 1.

new text begin

[211B.065] MISREPRESENTATION OF CAMPAIGN AUTHORITY.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Misrepresentation prohibited.

new text end

new text begin

(a) A person must not:

new text end

new text begin

(1) misrepresent the person or any committee or organization as speaking or writing or

otherwise acting for or on behalf of any real, potential, spurious, or nonexistent candidate,

political party, committee, fund, or organization with the intent to defraud; or

new text end

new text begin

(2) willfully and knowingly participate in or conspire to participate in any plan, scheme,

or design to violate clause (1).

new text end

new text begin

(b) A person must not:

new text end

new text begin

(1) misrepresent the person as speaking, writing, or otherwise acting for or on behalf of

any real, potential, spurious, or nonexistent candidate, political party, committee, fund, or

organization or employee or agent of any such candidate, political party, or political

committee or organization when soliciting money or any other thing of value with the intent

to defraud; or

new text end

new text begin

(2) willfully and knowingly participate in or conspire to participate in any plan, scheme,

or design to violate clause (1).

new text end

new text begin

Subd. 2.

new text end

new text begin

Criminal penalties; civil remedies.

new text end

new text begin

(a) Except as otherwise provided, a person

who violates this section is guilty of a gross misdemeanor.

new text end

new text begin

(b) The attorney general, a county attorney, or an individual injured by a violation of

subdivision 1 may bring a civil action pursuant to section 8.31 to recover damages, together

with costs of investigation and reasonable attorney fees, and receive other equitable relief

as determined by the court. An action brought by an injured party under section 8.31,

subdivision 3a, is in the public interest. In addition to all other damages, the court may

impose a civil penalty of up to $1,000 for each violation.

new text end

new text begin

(c) Civil remedies allowable under this section are cumulative and do not restrict any

other right or remedy otherwise available. The complaint process provided in sections

211B.31 to 211B.36 does not apply to violations of this section.

new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective August 1, 2025, and applies to crimes

committed on or after that date and causes of action accruing on or after that date.

new text end

Sec. 2.

Minnesota Statutes 2024, section 211B.32, subdivision 1, is amended to read:

Subdivision 1.

Administrative remedy; exhaustion.

(a) Except as provided in paragraphs

(b) and (c), a complaint alleging a violation of chapter 211A or 211B must be filed with the

office. The complaint must be finally disposed of by the office before the alleged violation

may be prosecuted by a county attorney.

(b) Complaints arising under those sections and related to those individuals and

associations specified in section
10A.022, subdivision 3
, must be filed with the Campaign

Finance and Public Disclosure Board.

(c) Violations of sections
new text begin
211B.065,
new text end
211B.075
new text begin
,
new text end
and
211B.076
may be enforced as

provided in those sections.