Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2386 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to campaign finance; providing funds for transition expenses for secretary
3	3		1.3 of state-elect, state auditor-elect, and attorney general-elect; amending the definition
4	4		1.4 of noncampaign disbursement; prohibiting making expenditures for inaugural
5	5		1.5 event expenses or transition expenses except through the candidate's principal
6	6		1.6 campaign committee or specified laws; authorizing rulemaking; amending
7	7		1.7 Minnesota Statutes 2024, section 10A.01, subdivision 26; proposing coding for
8	8		1.8 new law in Minnesota Statutes, chapters 5; 6; 8; 10A.
9	9		1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
10	10		1.10 Section 1. [5.51] EXPENSES OF SECRETARY OF STATE-ELECT.
11	11		1.11 Subdivision 1.Definitions.(a) For purposes of this section, the terms defined have the
12	12		1.12meanings given them.
13	13		1.13 (b) "Secretary of state-elect" means the person who is not currently secretary of state
14	14		1.14and is the apparent successful candidate for the office of secretary of state following a
15	15		1.15general election.
16	16		1.16 (c) "Commissioner" means the commissioner of the Department of Management and
17	17		1.17Budget.
18	18		1.18 Subd. 2.Transition expenses.In the fiscal year of an election for secretary of state and
19	19		1.19subject to availability of funds, the commissioner shall transfer up to $50,000 from the
20	20		1.20general contingent account in the general fund to the Department of Management and
21	21		1.21Budget. This transfer is subject to the review and advice of the Legislative Advisory
22	22		1.22Commission pursuant to section 3.30. In consultation with the secretary of state-elect, the
23	23		1.23commissioner shall use the transferred funds to pay expenses of the secretary of state-elect
24	24		1.24associated with preparing for the assumption of official duties as secretary of state. The
25	25		1Section 1.
26		-	~~S2386-1 1st Engrossment~~~~SF2386~~ REVISOR JFK
	26	+	25-03649 as introduced02/28/25 REVISOR JFK/LJ
27	27		SENATE
28	28		STATE OF MINNESOTA
29	29		S.F. No. 2386NINETY-FOURTH SESSION
30		-	(SENATE AUTHORS: MARTY, Boldon, Westlin~~, Bahr~~ and ~~Rest~~)
	30	+	(SENATE AUTHORS: MARTY, Boldon, Westlin and Bahr)
31	31		OFFICIAL STATUSD-PGDATE
32		-	Introduction and first reading71703/10/2025
33		-	Referred to Elections
34		-	Author added Rest77703/13/2025
35		-	Comm report: To pass as amended and re-refer to State and Local Government03/24/2025 2.1commissioner may use the transferred funds for expenses necessary and prudent for
	32	+	Introduction and first reading03/10/2025
	33	+	Referred to Elections 2.1commissioner may use the transferred funds for expenses necessary and prudent for
36	34		2.2establishment of a transition office prior to the election and for dissolution of the office if
37	35		2.3the incumbent secretary of state is reelected or after the inauguration of a new secretary of
38	36		2.4state. Expenses of the secretary of state-elect may include suitable office space and
39	37		2.5equipment, communications and technology support, consulting services, compensation
40	38		2.6and travel costs, and other reasonable expenses. Compensation rates for temporary employees
41	39		2.7hired to support the secretary of state-elect and rates paid for consulting services for the
42	40		2.8secretary of state-elect shall be determined by the secretary of state-elect.
43	41		2.9 Subd. 3.Unused funds.No new obligations shall be incurred for expenses of the secretary
44	42		2.10of state-elect after the date of the inauguration. By March 31 of the year of the inauguration,
45	43		2.11the commissioner shall return to the general contingent account any funds transferred under
46	44		2.12this section that the commissioner determines are not needed to pay expenses of the secretary
47	45		2.13of state-elect.
48	46		2.14 Sec. 2. [6.93] EXPENSES OF STATE AUDITOR-ELECT.
49	47		2.15 Subdivision 1.Definitions.(a) For purposes of this section, the terms defined have the
50	48		2.16meanings given them.
51	49		2.17 (b) "State auditor-elect" means the person who is not currently state auditor and is the
52	50		2.18apparent successful candidate for the office of state auditor following a general election.
53	51		2.19 (c) "Commissioner" means the commissioner of the Department of Management and
54	52		2.20Budget.
55	53		2.21 Subd. 2.Transition expenses.In the fiscal year of an election for state auditor and
56	54		2.22subject to availability of funds, the commissioner shall transfer up to $50,000 from the
57	55		2.23general contingent account in the general fund to the Department of Management and
58	56		2.24Budget. This transfer is subject to the review and advice of the Legislative Advisory
59	57		2.25Commission pursuant to section 3.30. In consultation with the state auditor-elect, the
60	58		2.26commissioner shall use the transferred funds to pay expenses of the state auditor-elect
61	59		2.27associated with preparing for the assumption of official duties as state auditor. The
62	60		2.28commissioner may use the transferred funds for expenses necessary and prudent for
63	61		2.29establishment of a transition office prior to the election and for dissolution of the office if
64	62		2.30the incumbent state auditor is reelected or after the inauguration of a new state auditor.
65	63		2.31Expenses of the state auditor-elect may include suitable office space and equipment,
66	64		2.32communications and technology support, consulting services, compensation and travel
67	65		2.33costs, and other reasonable expenses. Compensation rates for temporary employees hired
68	66		2Sec. 2.
69		-	~~S2386-1 1st Engrossment~~~~SF2386~~ REVISOR JFK 3.1to support the state auditor-elect and rates paid for consulting services for the state
	67	+	25-03649 as introduced02/28/25 REVISOR JFK/LJ 3.1to support the state auditor-elect and rates paid for consulting services for the state
70	68		3.2auditor-elect shall be determined by the state auditor-elect.
71	69		3.3 Subd. 3.Unused funds.No new obligations shall be incurred for expenses of the state
72	70		3.4auditor-elect after the date of the inauguration. By March 31 of the year of the inauguration,
73	71		3.5the commissioner shall return to the general contingent account any funds transferred under
74	72		3.6this section that the commissioner determines are not needed to pay expenses of the state
75	73		3.7auditor-elect.
76	74		3.8 Sec. 3. [8.40] EXPENSES OF ATTORNEY GENERAL-ELECT .
77	75		3.9 Subdivision 1.Definitions.(a) For purposes of this section, the terms defined have the
78	76		3.10meanings given them.
79	77		3.11 (b) "Attorney general-elect" means the person who is not currently attorney general and
80	78		3.12is the apparent successful candidate for the office of attorney general following a general
81	79		3.13election.
82	80		3.14 (c) "Commissioner" means the commissioner of the Department of Management and
83	81		3.15Budget.
84	82		3.16 Subd. 2.Transition expenses.In the fiscal year of an election for attorney general and
85	83		3.17subject to availability of funds, the commissioner shall transfer up to $75,000 from the
86	84		3.18general contingent account in the general fund to the Department of Management and
87	85		3.19Budget. This transfer is subject to the review and advice of the Legislative Advisory
88	86		3.20Commission pursuant to section 3.30. In consultation with the attorney general-elect, the
89	87		3.21commissioner shall use the transferred funds to pay expenses of the attorney general-elect
90	88		3.22associated with preparing for the assumption of official duties as attorney general. The
91	89		3.23commissioner may use the transferred funds for expenses necessary and prudent for
92	90		3.24establishment of a transition office prior to the election and for dissolution of the office if
93	91		3.25the incumbent attorney general is reelected or after the inauguration of a new attorney
94	92		3.26general. Expenses of the attorney general-elect may include suitable office space and
95	93		3.27equipment, communications and technology support, consulting services, compensation
96	94		3.28and travel costs, and other reasonable expenses. Compensation rates for temporary employees
97	95		3.29hired to support the attorney general-elect and rates paid for consulting services for the
98	96		3.30attorney general-elect shall be determined by the attorney general-elect.
99	97		3.31 Subd. 3.Unused funds.No new obligations shall be incurred for expenses of the attorney
100	98		3.32general-elect after the date of the inauguration. By March 31 of the year of the inauguration,
101	99		3.33the commissioner shall return to the general contingent account any funds transferred under
102	100		3Sec. 3.
103		-	~~S2386-1 1st Engrossment~~~~SF2386~~ REVISOR JFK 4.1this section that the commissioner determines are not needed to pay expenses of the attorney
	101	+	25-03649 as introduced02/28/25 REVISOR JFK/LJ 4.1this section that the commissioner determines are not needed to pay expenses of the attorney
104	102		4.2general-elect.
105	103		4.3 Sec. 4. Minnesota Statutes 2024, section 10A.01, subdivision 26, is amended to read:
106	104		4.4 Subd. 26.Noncampaign disbursement.(a) "Noncampaign disbursement" means a
107	105		4.5purchase or payment of money or anything of value made, or an advance of credit incurred,
108	106		4.6or a donation in kind received, by a principal campaign committee for any of the following
109	107		4.7purposes:
110	108		4.8 (1) payment for accounting and legal services related to operating the candidate's
111	109		4.9campaign committee, serving in office, or security for the candidate or the candidate's
112	110		4.10immediate family, including but not limited to seeking and obtaining a harassment restraining
113	111		4.11order;
114	112		4.12 (2) return of a contribution to the source;
115	113		4.13 (3) repayment of a loan made to the principal campaign committee by that committee;
116	114		4.14 (4) return of a public subsidy;
117	115		4.15 (5) payment for food, beverages, and necessary utensils and supplies, entertainment,
118	116		4.16and facility rental for a fundraising event;
119	117		4.17 (6) services for a constituent by a member of the legislature or a constitutional officer
120	118		4.18in the executive branch as provided in section 10A.173, subdivision 1;
121	119		4.19 (7) payment for food and beverages consumed by a candidate or volunteers while they
122	120		4.20are engaged in campaign activities;
123	121		4.21 (8) payment for food or a beverage consumed while attending a reception or meeting
124	122		4.22directly related to legislative duties;
125	123		4.23 (9) payment of expenses incurred by elected or appointed leaders of a legislative caucus
126	124		4.24in carrying out their leadership responsibilities;
127	125		4.25 (10) payment by a principal campaign committee of the candidate's expenses for serving
128	126		4.26in public office, other than for personal uses;
129	127		4.27 (11) costs of child care for the candidate's children when campaigning;
130	128		4.28 (12) fees paid to attend a campaign school;
131	129		4.29 (13) costs of a postelection party during the election year when a candidate's name will
132	130		4.30no longer appear on a ballot or the general election is concluded, whichever occurs first;
133	131		4Sec. 4.
134		-	~~S2386-1 1st Engrossment~~~~SF2386~~ REVISOR JFK 5.1 (14) interest on loans paid by a principal campaign committee on outstanding loans;
	132	+	25-03649 as introduced02/28/25 REVISOR JFK/LJ 5.1 (14) interest on loans paid by a principal campaign committee on outstanding loans;
135	133		5.2 (15) filing fees;
136	134		5.3 (16) post-general election holiday or seasonal cards, thank-you notes, or advertisements
137	135		5.4in the news media mailed or published prior to the end of the election cycle;
138	136		5.5 (17) the cost of campaign material purchased to replace defective campaign material, if
139	137		5.6the defective material is destroyed without being used;
140	138		5.7 (18) contributions to a party unit;
141	139		5.8 (19) payments for funeral gifts or memorials;
142	140		5.9 (20) the cost of a magnet less than six inches in diameter containing legislator contact
143	141		5.10information and distributed to constituents;
144	142		5.11 (21) costs associated with a candidate attending a political party state or national
145	143		5.12convention in this state;
146	144		5.13 (22) other purchases or payments specified in board rules or advisory opinions as being
147	145		5.14for any purpose other than to influence the nomination or election of a candidate or to
148	146		5.15promote or defeat a ballot question;
149	147		5.16 (23) costs paid to a third party for processing contributions made by a credit card, debit
150	148		5.17card, or electronic check;
151	149		5.18 (24) costs paid by a candidate's principal campaign committee to support the candidate's
152	150		5.19participation in a recount of ballots affecting the candidate's election;
153	151		5.20 (25) a contribution to a fund established to support a candidate's participation in a recount
154	152		5.21of ballots affecting that candidate's election;
155	153		5.22 (26) costs paid by a candidate's principal campaign committee for a single reception
156	154		5.23given in honor of the candidate's retirement from public office after the filing period for
157	155		5.24affidavits of candidacy for that office has closed;
158	156		5.25 (27) a donation from a terminating principal campaign committee to the state general
159	157		5.26fund;
160	158		5.27 (28) a donation from a terminating principal campaign committee to a county obligated
161	159		5.28to incur special election expenses due to that candidate's resignation from state office;
162	160		5.29 (29) during a period starting January 1 in the year following a general election and ending
163	161		5.30on December 31 of the year of general election, total payments of up to $3,000 for
164	162		5.31detection-related security monitoring expenses for a candidate, including home security
165	163		5Sec. 4.
166		-	~~S2386-1 1st Engrossment~~~~SF2386~~ REVISOR JFK 6.1hardware, maintenance of home security monitoring hardware, identity theft monitoring
	164	+	25-03649 as introduced02/28/25 REVISOR JFK/LJ 6.1hardware, maintenance of home security monitoring hardware, identity theft monitoring
167	165		6.2services, and credit monitoring services; and
168	166		6.3 (30) costs paid to repair or replace campaign property that was: (i) lost or stolen, or (ii)
169	167		6.4damaged or defaced to such a degree that the property no longer serves its intended purpose.
170	168		6.5For purposes of this clause, campaign property includes but is not limited to campaign lawn
171	169		6.6signs. The candidate must document the need for these costs in writing or with photographs;
172	170		6.7and
173	171		6.8 (31) transition expenses and inaugural event expenses as defined in section 10A.174.
174	172		6.9 (b) The board must determine whether an activity involves a noncampaign disbursement
175	173		6.10within the meaning of this subdivision.
176	174		6.11 (c) A noncampaign disbursement is considered to be made in the year in which the
177	175		6.12candidate made the purchase of goods or services or incurred an obligation to pay for goods
178	176		6.13or services.
179		-	6.14 Sec. 5. [10A.174] INAUGURAL ~~EVENT~~ AND TRANSITION EXPENSES.
	177	+	6.14 Sec. 5. [10A.174] INAUGURAL AND TRANSITION EXPENSES.
180	178		6.15 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
181	179		6.16the meanings given.
182	180		6.17 (b) "Inaugural event expenses" means expenses incurred for any event related to the
183	181		6.18individual's inauguration held between the general election of a person elected to a statewide
184	182		6.19office and January 31 of the year in which the officeholder takes office. In the event that a
185	183		6.20person fills a vacancy in a constitutional office, "inaugural event expenses" means expenses
186	184		6.21incurred for any event related to the individual's inauguration between the time that it was
187	185		6.22confirmed that the individual would assume the constitutional office and the date four weeks
188	186		6.23after the individual is sworn into office.
189	187		6.24 (c) "Transition expenses" means expenses incurred in preparing for the assumption of
190	188		6.25official duties as governor, lieutenant governor, secretary of state, state auditor, or attorney
191	189		6.26general. Expenses include but are not limited to establishment of a transition office, the
192	190		6.27dissolution of the office, office space and equipment, communications and technology
193	191		6.28support, consulting services, compensation and travel costs, and other reasonable expenses.
194	192		6.29Transition expenses do not include expenses that are incurred after the officeholder takes
195	193		6.30office.
196		-	6.31 Subd. 2.Inaugural event and transition expenses; contributions.A candidate or a
197		-	6.32candidate's principal campaign committee must not solicit or accept any contributions for
198		-	6.33or make any expenditure for inaugural event expenses or transition expenses except through
	194	+	6.31 Subd. 2.Inaugural and transition expenses; contributions.A candidate or a candidate's
	195	+	6.32principal campaign committee must not solicit or accept any contributions for or make any
199	196		6Sec. 5.
200		-	~~S2386-1 1st Engrossment~~~~SF2386~~ REVISOR JFK 7.~~1the~~ candidate's ~~principal campaign committee or as provided in section 4.51, 5.51, 6.93, or~~
201		-	7.28.40.
	197	+	25-03649 as introduced02/28/25 REVISOR JFK/LJ 7.1expenditure for inaugural event expenses or transition expenses except through the candidate's
	198	+	7.2principal campaign committee or as provided in section 4.51, 5.51, 6.93, or 8.40.
202	199		7.3 Sec. 6. RULEMAKING.
203	200		7.4 The Campaign Finance and Public Disclosure Board must amend Minnesota Rules, part
204		-	7.54503.0900, to ~~conform~~ to ~~the requirements~~ of ~~this bill regarding~~ transition ~~expenses. The~~
205		-	7.~~6board~~ may use the good cause exemption under Minnesota Statutes, section ~~14.388, for~~
206		-	7.~~7purposes~~ of this section.
	201	+	7.54503.0900, to repeal references to costs of running a transition office for gubernatorial
	202	+	7.6candidates. The board may use the good cause exemption under Minnesota Statutes, section
	203	+	7.714.388, for purposes of this section.
207	204		7Sec. 6.
208		-	~~S2386-1 1st Engrossment~~~~SF2386~~ REVISOR JFK
	205	+	25-03649 as introduced02/28/25 REVISOR JFK/LJ