Modification of actions that are noncoordinated expenditures

A bill for an act

relating to campaign finance; modifying actions that are noncoordinated

expenditures; modifying disclaimer requirements; amending Minnesota Statutes

2024, sections 10A.177; 211B.04, subdivisions 1, 2, 3; repealing Minnesota Rules,

part 4503.2000, subpart 2.

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

Section 1.

Minnesota Statutes 2024, section 10A.177, is amended to read:

10A.177 NONCOORDINATED EXPENDITURES.

Any of the following actions, taken alone, do not establish that an expenditure made by

the spender is coordinated with the candidate:

(1) a candidate asks a spender not to make any expenditure to support the candidate or

oppose the candidate's opponent
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or any disbursement for an electioneering communication

that references the candidate or the candidate's opponent
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;

(2) a candidate provides to a spender names of potential donors, as long as the spender

does not state or suggest to the candidate that funds received from use of the donor list will

be used for independent expenditures to benefit the candidate;

(3) an expenditure uses a photograph, video, or audio recording obtained from a publicly

available source or public event;

(4) an expenditure uses information obtained from a biography, position paper, press

release, or similar material about the candidate from a publicly available source or public

event;

(5) the spender contributes to the candidate, makes an in-kind donation to the candidate,

or endorses the candidate;

(6) an expenditure includes a hyperlink to the candidate's website or social media page;

(7) an expenditure appears in a news story, commentary, or editorial distributed
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through

the facilities of any broadcasting station, newspaper, magazine, or other periodical

publication;
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by any broadcasting station, including a cable or streaming television operator,

programmer, or producer; website; newspaper; magazine; or other periodical publication,

including any Internet or electronic publication. If the facility is owned or controlled by any

political party, political committee, or candidate, the news story must:
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(i) represent a bona fide news account communicated in a publication of general

circulation or on a licensed broadcasting facility; and

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(ii) be part of a general pattern of campaign-related news accounts that give reasonably

equal coverage to all opposing candidates in the circulation or listening area;

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(8) the spender discusses the candidate's position on a legislative or policy matter with

the candidate. This clause includes the sending, completion, and return of a survey conducted

by the spender to determine whether to endorse the candidate; or

(9) the spender invites the candidate to appear before the spender's members, employees,

or shareholders, including the candidate's participation in the event, unless the event promotes

the election of the candidate or the defeat of the candidate's opponent, or the candidate

requests or accepts campaign contributions at the event.

Sec. 2.

Minnesota Statutes 2024, section 211B.04, subdivision 1, is amended to read:

Subdivision 1.

Campaign material.

(a) A person who participates in the preparation or

dissemination of campaign material
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other than as provided in section
211B.05, subdivision

1
,
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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: "
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Prepared

and
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Paid for by the ....... committee, ....... (address)" for material prepared and paid for by

a principal campaign committee, or "
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Prepared and
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Paid for by the ....... committee, .......

(address)" for material prepared and paid for by a person or committee other than a principal

campaign committee. The address must be either the committee's mailing address or the

committee's website, if the website includes the committee's mailing address. If the material

is produced and disseminated without cost, the words
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"paid for" may be omitted from
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"Prepared by" may be used in place of "Paid for by" in
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the disclaimer.
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Except as required

by paragraph (c), in the case of a candidate's or committee's website or social media page,

the requirements of this subdivision are satisfied for the entire website or social media page

when the disclaimer appears once on the website or social media home page.
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(c) In the case of
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broadcast
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audio or video
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media,
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including audio or video media posted

on a candidate or principal campaign committee's website,
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the required form of disclaimer

is: "Paid for by the ....... committee." If the material is produced and broadcast without cost,

the required form of the disclaimer is: "The ....... committee is responsible for the content

of this message."

Sec. 3.

Minnesota Statutes 2024, section 211B.04, subdivision 2, is amended to read:

Subd. 2.

Independent expenditures.

(a)
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The required form of the disclaimer on a written
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Except in cases covered by paragraph (b), the required form of disclaimer for an
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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." 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
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a broadcast
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an audio or video media
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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." When
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a broadcast
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an audio or video media
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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."

Sec. 4.

Minnesota Statutes 2024, 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

fundraising 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;

(2) skywriting, wearing apparel, or other means of displaying an advertisement of such

a nature that the inclusion of a disclaimer would be impracticable; and

(3)
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online banner ads and similar
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electronic communications
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that
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for which it would be

technologically infeasible. In this case, the communication must state the name of the person

who paid for, or in the case of a communication that is produced and disseminated without

cost, who is responsible for the communication and
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link directly to an online page that

includes
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only
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the disclaimer.
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The person who paid for or is responsible for the communication

must, at the request of the Campaign Finance and Public Disclosure Board or the Office of

Administrative Hearings, demonstrate why it was technologically infeasible to include a

disclaimer in the form required by subdivision 1 or 2.
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(d) This section does not modify or repeal section
211B.06
.

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Sec. 5.
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REPEALER.
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Minnesota Rules, part 4503.2000, subpart 2,

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is repealed.

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APPENDIX

Repealed Minnesota Rule: 26-07017

4503.2000 DISCLAIMERS.

§

Subp. 2.

Material linked to a disclaimer.

Minnesota Statutes, section
211B.04
, does not apply to the following communications that link directly to an online page that includes a disclaimer in the form required by that section if the communication is made by or on behalf of a candidate, principal campaign committee, political committee, political fund, political party unit, or person who has made an electioneering communication, as those terms are defined in Minnesota Statutes, chapter 10A:

§

A.

text, images, video, or audio disseminated via a social media platform;

§

B.

a text or multimedia message disseminated only to telephone numbers;

§

C.

text, images, video, or audio disseminated using an application accessed primarily via mobile phone, excluding email messages, telephone calls, and voicemail messages; and

§

D.

paid electronic advertisements disseminated via the internet by a third party, including but not limited to online banner advertisements and advertisements appearing within the electronic version of a newspaper, periodical, or magazine.

The link must be conspicuous and when selected must result in the display of an online page that prominently includes the required disclaimer.