Election intimidation and interference with the voting process penalties modifications and election official performance of duties interference penalties modifications

A bill for an act

relating to fair campaign practices; increasing penalties for intimidation and

interference with the voting process; increasing penalties for interference related

to the performance of duties by an election official; amending Minnesota Statutes

2024, sections 211B.075, subdivision 5; 211B.076, subdivision 11.

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

Section 1.

Minnesota Statutes 2024, section 211B.075, subdivision 5, is amended to read:

Subd. 5.

Criminal penalties; civil remedies.

(a) A person who violates this section is

guilty of a
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gross misdemeanor
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felony
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.

(b) The attorney general, a county attorney, or any person injured by an act prohibited

by this section may bring a civil action to prevent or restrain a violation of this section if

there is a reasonable basis to believe that an individual or entity is committing or intends

to commit a prohibited act.

(c) The attorney general, a county attorney, or any person injured by an act prohibited

by this section, 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 any person 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
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$1,000
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$10,000
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for each violation.

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

other right or remedy otherwise available. An action for a penalty or remedy under this

section must be brought within two years of the date the violation is alleged to have occurred.

The complaint process provided in sections
211B.31
to
211B.36
does not apply to violations

of this section.

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EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment and

applies to crimes committed on or after that date and to causes of action accruing on or after

that date.

new text end

Sec. 2.

Minnesota Statutes 2024, section 211B.076, subdivision 11, is amended to read:

Subd. 11.

Criminal penalties; civil remedies.

(a) Except as otherwise provided, a person

who violates this section is guilty of a
deleted text begin
gross misdemeanor
deleted text end
new text begin
felony
new text end
.

(b) The attorney general, a county attorney, or an election official may bring a civil

action to prevent or restrain a violation of this section if there is a reasonable basis to believe

that an individual or entity is committing or intends to commit a prohibited act.

(c) The attorney general, or an election official injured by an act prohibited by this

section, 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 election official 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
deleted text begin
$1,000
deleted text end
new text begin
$10,000
new text end
for each violation.

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

other right or remedy otherwise available. An action for a penalty or remedy under this

section must be brought within two years of the date the violation is alleged to have occurred.

The complaint process provided in sections
211B.31
to
211B.36
does not apply to violations

of this section.

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment and

applies to crimes committed on or after that date and to causes of action accruing on or after

that date.

new text end