| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to elections; prohibiting misrepresentation of campaign authority; providing |
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| 3 | 3 | | 1.3 criminal penalties and civil remedies; amending Minnesota Statutes 2024, section |
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| 4 | 4 | | 1.4 211B.32, subdivision 1; proposing coding for new law in Minnesota Statutes, |
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| 5 | 5 | | 1.5 chapter 211B. |
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| 6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | 7 | | 1.7 Section 1. [211B.065] MISREPRESENTATION OF CAMPAIGN AUTHORITY. |
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| 8 | 8 | | 1.8 Subdivision 1.Misrepresentation prohibited.(a) A person must not: |
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| 9 | 9 | | 1.9 (1) misrepresent the person or any committee or organization as speaking or writing or |
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| 10 | 10 | | 1.10otherwise acting for or on behalf of any real, potential, spurious, or nonexistent candidate, |
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| 11 | 11 | | 1.11political party, committee, fund, or organization with the intent to defraud; or |
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| 12 | 12 | | 1.12 (2) willfully and knowingly participate in or conspire to participate in any plan, scheme, |
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| 13 | 13 | | 1.13or design to violate clause (1). |
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| 14 | 14 | | 1.14 (b) A person must not: |
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| 15 | 15 | | 1.15 (1) misrepresent the person as speaking, writing, or otherwise acting for or on behalf of |
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| 16 | 16 | | 1.16any real, potential, spurious, or nonexistent candidate, political party, committee, fund, or |
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| 17 | 17 | | 1.17organization or employee or agent of any such candidate, political party, or political |
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| 18 | 18 | | 1.18committee or organization when soliciting money or any other thing of value with the intent |
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| 19 | 19 | | 1.19to defraud; or |
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| 20 | 20 | | 1.20 (2) willfully and knowingly participate in or conspire to participate in any plan, scheme, |
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| 21 | 21 | | 1.21or design to violate clause (1). |
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| 22 | 22 | | 1Section 1. |
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| 34 | | - | 2.3 (b) The attorney general, a county attorney, or a party injured by a violation of subdivision |
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| 35 | | - | 2.41 may bring a civil action pursuant to section 8.31 to recover damages, together with costs |
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| 36 | | - | 2.5of investigation and reasonable attorney fees, and receive other equitable relief as determined |
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| 37 | | - | 2.6by the court. An action brought by an injured party under section 8.31, subdivision 3a, |
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| 38 | | - | 2.7benefits the public. In addition to all other damages, the court may impose a civil penalty |
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| 39 | | - | 2.8of up to $1,000 for each violation. |
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| 32 | + | 2.3 (b) The attorney general, a county attorney, or an individual injured by a violation of |
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| 33 | + | 2.4subdivision 1 may bring a civil action pursuant to section 8.31 to recover damages, together |
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| 34 | + | 2.5with costs of investigation and reasonable attorney fees, and receive other equitable relief |
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| 35 | + | 2.6as determined by the court. An action brought by an injured party under section 8.31, |
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| 36 | + | 2.7subdivision 3a, is in the public interest. In addition to all other damages, the court may |
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| 37 | + | 2.8impose a civil penalty of up to $1,000 for each violation. |
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| 40 | 38 | | 2.9 (c) Civil remedies allowable under this section are cumulative and do not restrict any |
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| 41 | 39 | | 2.10other right or remedy otherwise available. The complaint process provided in sections |
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| 42 | 40 | | 2.11211B.31 to 211B.36 does not apply to violations of this section. |
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| 43 | 41 | | 2.12 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 44 | 42 | | 2.13committed on or after that date and causes of action accruing on or after that date. |
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| 45 | 43 | | 2.14 Sec. 2. Minnesota Statutes 2024, section 211B.32, subdivision 1, is amended to read: |
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| 46 | 44 | | 2.15 Subdivision 1.Administrative remedy; exhaustion.(a) Except as provided in paragraphs |
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| 47 | 45 | | 2.16(b) and (c), a complaint alleging a violation of chapter 211A or 211B must be filed with the |
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| 48 | 46 | | 2.17office. The complaint must be finally disposed of by the office before the alleged violation |
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| 49 | 47 | | 2.18may be prosecuted by a county attorney. |
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| 50 | 48 | | 2.19 (b) Complaints arising under those sections and related to those individuals and |
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| 51 | 49 | | 2.20associations specified in section 10A.022, subdivision 3, must be filed with the Campaign |
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| 52 | 50 | | 2.21Finance and Public Disclosure Board. |
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| 53 | 51 | | 2.22 (c) Violations of sections 211B.065, 211B.075, and 211B.076 may be enforced as |
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| 54 | 52 | | 2.23provided in those sections. |
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| 55 | 53 | | 2Sec. 2. |
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