Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF905 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to campaign finance; requiring reporting disclosure of original sources of
3	3	1.3 campaign funds; requiring recordkeeping and reporting; modifying disclosure
4	4	1.4 requirements; providing penalties; appropriating money; amending Minnesota
5	5	1.5 Statutes 2024, sections 10A.01, by adding subdivisions; 10A.02, by adding a
6	6	1.6 subdivision; 10A.20, subdivisions 3, 12, by adding a subdivision; 10A.202,
7	7	1.7 subdivisions 2, 3; 211B.04, subdivisions 1, 2, by adding subdivisions; proposing
8	8	1.8 coding for new law in Minnesota Statutes, chapter 10A.
9	9	1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
10	10	1.10 Section 1. Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision
11	11	1.11to read:
12	12	1.12 Subd. 8a.Business income."Business income" means:
13	13	1.13 (1) money received by a person in commercial transactions in the ordinary course of the
14	14	1.14person's regular trade, business, or investments; or
15	15	1.15 (2) membership or union dues to the extent that they do not exceed $5,000 from a person
16	16	1.16in a calendar year.
17	17	1.17 Sec. 2. Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision to
18	18	1.18read:
19	19	1.19 Subd. 9b.Covered entity."Covered entity" means any association, political committee
20	20	1.20or fund, person, political party, or political party unit who spends $10,000 or more in an
21	21	1.21election cycle segment on covered campaign spending or who accepts $10,000 or more in
22	22	1.22an election cycle segment of in-kind contributions to enable covered campaign spending,
23	23	1.23but does not include:
24	24	1Sec. 2.
25	25	25-01494 as introduced01/24/25 REVISOR JFK/MI
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 905NINETY-FOURTH SESSION
29	29	(SENATE AUTHORS: PORT, Dibble, Putnam and Boldon)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading02/03/2025
32	32	Referred to Elections 2.1 (1) an individual who spends only their own personal funds for covered campaign
33	33	2.2spending;
34	34	2.3 (2) an entity that spends only its own business income for covered campaign spending;
35	35	2.4 (3) a candidate's principle campaign committee; or
36	36	2.5 (4) any of the following that receive no more than $5,000 in contributions from any one
37	37	2.6person in an election cycle segment: political committee or fund, person, political party, or
38	38	2.7political party unit.
39	39	2.8The amount of a person's covered campaign spending includes spending made by entities
40	40	2.9established, financed, maintained, or controlled by that person.
41	41	2.10 Sec. 3. Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision to
42	42	2.11read:
43	43	2.12 Subd. 9c.Covered campaign spending."Covered campaign spending" means the
44	44	2.13expenditure of funds by a covered entity for independent expenditures, electioneering
45	45	2.14communications, and to promote or defeat ballot questions.
46	46	2.15 Sec. 4. Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision to
47	47	2.16read:
48	48	2.17 Subd. 17e.Identity."Identity" means:
49	49	2.18 (1) in the case of an individual, the individual's name, address, and employer or
50	50	2.19occupation if self-employed; or
51	51	2.20 (2) in the case of an association, the legal name, address, federal tax status, and state of
52	52	2.21incorporation or partnership, if any.
53	53	2.22 Sec. 5. Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision to
54	54	2.23read:
55	55	2.24 Subd. 26c.Original funds."Original funds" means business income or the personal
56	56	2.25funds of an individual.
57	57	2.26 Sec. 6. Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision to
58	58	2.27read:
59	59	2.28 Subd. 26d.Personal funds."Personal funds" means:
60	60	2Sec. 6.
61	61	25-01494 as introduced01/24/25 REVISOR JFK/MI 3.1 (1) any asset of an individual that, at the time the individual engaged in covered spending
62	62	3.2or transferred funds to another person for covered spending, the individual had legal control
63	63	3.3over and rightful title to transfer;
64	64	3.4 (2) income received by an individual, including:
65	65	3.5 (i) salary and other earned income from bona fide employment;
66	66	3.6 (ii) dividends and proceeds from the individual's personal investments; or
67	67	3.7 (iii) bequests to the individual, including income from trusts established by bequests;
68	68	3.8and
69	69	3.9 (3) a portion of assets that are jointly owned by the individual and the individual's spouse
70	70	3.10equal to the individual's share of the assets under the instrument of conveyance or ownership,
71	71	3.11or if no specific share is indicated by an instrument of conveyance or ownership, the value
72	72	3.12of one-half of the property.
73	73	3.13Personal funds does not include any asset or income received from any person for the
74	74	3.14purpose of influencing any election.
75	75	3.15 Sec. 7. Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision to
76	76	3.16read:
77	77	3.17 Subd. 36a.Traceable funds."Traceable funds" means funds and in-kind contributions
78	78	3.18that have been given to a covered entity and for which, pursuant to section 10A.125, no
79	79	3.19donor has opted out of the use or transfer for covered campaign spending.
80	80	3.20 Sec. 8. Minnesota Statutes 2024, section 10A.02, is amended by adding a subdivision to
81	81	3.21read:
82	82	3.22 Subd. 16.Website requirements.The board must maintain a page on its website for
83	83	3.23each entity that reports spending to the board. The board must provide a way for the public
84	84	3.24to easily find information on original source donors from the web page to which the public
85	85	3.25is directed.
86	86	3.26 Sec. 9. [10A.125] TRANSFER RECORDS; NOTICE REQUIREMENTS.
87	87	3.27 Subdivision 1.Transfer records; notice requirements.A covered entity must maintain
88	88	3.28written transfer records. The records must include the identity of the persons who directly
89	89	3.29or indirectly contributed or transferred original funds or in-kind contributions used for
90	90	3.30covered campaign spending, the amounts of those contributions or transfers, and how the
91	91	3.31contributions or transfers were disbursed. In addition, the records must include the name,
92	92	3Sec. 9.
93	93	25-01494 as introduced01/24/25 REVISOR JFK/MI 4.1address, and position of the individual who is the custodian of the transfer records; the
94	94	4.2identity of any person whose aggregate contributions of traceable funds to the covered entity
95	95	4.3constituted more than half of the funds of the covered entity at the start of the calendar year;
96	96	4.4the identity of any intermediaries used to transfer the traceable funds to the covered entity
97	97	4.5from original sources with the date, amount, original source, and intermediate source of the
98	98	4.6transferred funds; and the total amount of traceable funds received by the covered entity
99	99	4.7during the calendar year.
100	100	4.8 Subd. 2.Contributions.(a) This subdivision applies to contributions that are not in-kind
101	101	4.9contributions.
102	102	4.10 (b) A covered entity must notify a donor that the contribution may be used in Minnesota
103	103	4.11for covered campaign spending unless the donor opts out of having the donation used or
104	104	4.12transferred for these purposes. The notice may be provided to the donor before or after the
105	105	4.13covered entity receives the contribution, but the contribution may not be used or transferred
106	106	4.14for covered campaign spending purposes until 21 days after the notice is provided or until
107	107	4.15the donor provides written consent, whichever is earlier. The notice provided to the donor
108	108	4.16must be in writing and, at a minimum, must state:
109	109	4.17 (1) the donor's contributions may be used for covered campaign spending in Minnesota
110	110	4.18and that information about donors may have to be reported to the Campaign Finance and
111	111	4.19Public Disclosure Board for disclosure to the public; and
112	112	4.20 (2) the donor may opt out of having their contributions used or transferred for covered
113	113	4.21campaign spending in Minnesota by notifying the covered entity in writing within 21 days.
114	114	4.22 (c) When a person contributes $10,000 or more in aggregate in traceable funds in an
115	115	4.23election cycle segment, the notice required by paragraph (b) must also inform the person
116	116	4.24of the requirements of paragraph (d). A covered entity's failure to provide notice required
117	117	4.25by this paragraph does not negate the obligation to comply with the requirements in paragraph
118	118	4.26(d).
119	119	4.27 (d) Within ten days of receiving a written request from the covered entity, any person
120	120	4.28who contributes $10,000 or more in aggregate in traceable funds in an election cycle segment
121	121	4.29to a covered entity must inform the covered entity of the identities of persons who directly
122	122	4.30or indirectly contributed $1,000 or more in original funds being transferred, the amounts
123	123	4.31of the persons' original funds being transferred, and the identities of any persons who have
124	124	4.32previously transferred the original funds. If more than one transfer has previously occurred,
125	125	4.33the contributor must disclose all the previous transfers and intermediaries. The contributor
126	126	4.34must maintain these records for at least four years and provide them, upon request, to the
127	127	4Sec. 9.
128	128	25-01494 as introduced01/24/25 REVISOR JFK/MI 5.1board. The covered entity must not use or transfer the contribution for covered campaign
129	129	5.2spending purposes unless the covered entity has received complete transfer records for the
130	130	5.3contributions.
131	131	5.4 Subd. 3.In-kind contributions.(a) This subdivision applies to in-kind contributions.
132	132	5.5 (b) A covered entity must notify a donor that the in-kind contribution may be used in
133	133	5.6Minnesota for covered campaign spending unless the donor opts out of having the donation
134	134	5.7used for these purposes. The notice must be in writing and must state:
135	135	5.8 (1) the donor's contributions may be used for covered campaign spending in Minnesota
136	136	5.9and that information about donors may have to be reported to the Campaign Finance and
137	137	5.10Public Disclosure Board for disclosure to the public; and
138	138	5.11 (2) the donor may opt out of having their contributions used or transferred for covered
139	139	5.12campaign spending in Minnesota by notifying the covered entity at the time the contribution
140	140	5.13is made or offered to be made.
141	141	5.14 (c) When a person makes an in-kind contribution to a covered entity of $10,000 or more
142	142	5.15in aggregate in traceable funds in an election cycle segment, the notice required by paragraph
143	143	5.16(b) must also inform the person of the requirements of paragraph (d). A covered entity's
144	144	5.17failure to provide notice required by this paragraph does not negate the obligation to comply
145	145	5.18with the requirements in paragraph (d).
146	146	5.19 (d) Any person who makes an in-kind contribution to a covered entity of $10,000 or
147	147	5.20more in aggregate in an election cycle segment to enable covered campaign spending must
148	148	5.21inform the covered entity, at the time the in-kind contribution is made or offered to be made,
149	149	5.22of the identities of persons who directly or indirectly contributed or provided $1,000 or
150	150	5.23more in original funds used to finance the in-kind contribution, the amounts of the persons'
151	151	5.24original funds so used, and the identities of any persons who had previously transferred the
152	152	5.25original funds. If more than one transfer had previously occurred, the in-kind contributor
153	153	5.26must disclose all the previous transfers and intermediaries. The in-kind contributor must
154	154	5.27maintain these records for at least four years and provide them, upon request, to the board.
155	155	5.28The covered entity must not use the in-kind contribution unless the covered entity has
156	156	5.29received complete transfer records for the contributions. A covered entity must not use an
157	157	5.30in-kind contribution for covered campaign expenditures if the donor has notified the covered
158	158	5.31entity that the donor has opted to not have the in-kind contribution spent for covered
159	159	5.32campaign expenditures.
160	160	5Sec. 9.
161	161	25-01494 as introduced01/24/25 REVISOR JFK/MI 6.1 Subd. 4.Penalty.For each violation of this section, the board may impose a civil penalty
162	162	6.2of not less than the amount contributed or spent, and not more than the greater of either
163	163	6.3$10,000 or double the amount contributed or spent.
164	164	6.4 EFFECTIVE DATE; APPLICATION.This section is effective January 1, 2026, and
165	165	6.5applies to contributions or transfers made on or after that date.
166	166	6.6 Sec. 10. Minnesota Statutes 2024, section 10A.20, subdivision 3, is amended to read:
167	167	6.7 Subd. 3.Contents of report.(a) The report required by this section must include each
168	168	6.8of the items listed in paragraphs (b) to (q) that are applicable to the filer. The board shall
169	169	6.9prescribe forms based on filer type indicating which of those items must be included on the
170	170	6.10filer's report.
171	171	6.11 (b) The report must disclose the amount of liquid assets on hand at the beginning of the
172	172	6.12reporting period.
173	173	6.13 (c) The report must disclose the name, address, employer, or occupation if self-employed,
174	174	6.14and registration number if registered with the board, of each individual or association that
175	175	6.15has made one or more contributions to the reporting entity, including the purchase of tickets
176	176	6.16for a fundraising effort, that in aggregate within the year exceed $200 for legislative or
177	177	6.17statewide candidates or more than $500 for ballot questions, together with the amount and
178	178	6.18date of each contribution, and the aggregate amount of contributions within the year from
179	179	6.19each source so disclosed. A donation in kind must be disclosed at its fair market value. An
180	180	6.20approved expenditure must be listed as a donation in kind. A donation in kind is considered
181	181	6.21consumed in the reporting period in which it is received. The names of contributors must
182	182	6.22be listed in alphabetical order. Contributions from the same contributor must be listed under
183	183	6.23the same name. When a contribution received from a contributor in a reporting period is
184	184	6.24added to previously reported unitemized contributions from the same contributor and the
185	185	6.25aggregate exceeds the disclosure threshold of this paragraph, the name, address, and
186	186	6.26employer, or occupation if self-employed, of the contributor must then be listed on the
187	187	6.27report.
188	188	6.28 (d) The report must disclose the sum of contributions to the reporting entity during the
189	189	6.29reporting period.
190	190	6.30 (e) The report must disclose each loan made or received by the reporting entity within
191	191	6.31the year in aggregate in excess of $200, continuously reported until repaid or forgiven,
192	192	6.32together with the name, address, occupation, principal place of business, if any, and
193	193	6.33registration number if registered with the board of the lender and any endorser and the date
194	194	6Sec. 10.
195	195	25-01494 as introduced01/24/25 REVISOR JFK/MI 7.1and amount of the loan. If a loan made to the principal campaign committee of a candidate
196	196	7.2is forgiven or is repaid by an entity other than that principal campaign committee, it must
197	197	7.3be reported as a contribution for the year in which the loan was made.
198	198	7.4 (f) The report must disclose each receipt over $200 during the reporting period not
199	199	7.5otherwise listed under paragraphs (c) to (e).
200	200	7.6 (g) The report must disclose the sum of all receipts of the reporting entity during the
201	201	7.7reporting period.
202	202	7.8 (h) The report must disclose the name, address, and registration number if registered
203	203	7.9with the board of each individual or association to whom aggregate expenditures, approved
204	204	7.10expenditures, independent expenditures, and ballot question expenditures have been made
205	205	7.11by or on behalf of the reporting entity within the year in excess of $200, together with the
206	206	7.12amount, date, and purpose of each expenditure, including an explanation of how the
207	207	7.13expenditure was used, and the name and address of, and office sought by, each candidate
208	208	7.14or local candidate on whose behalf the expenditure was made, identification of the ballot
209	209	7.15question that the expenditure was intended to promote or defeat and an indication of whether
210	210	7.16the expenditure was to promote or to defeat the ballot question, and in the case of independent
211	211	7.17expenditures made in opposition to a candidate or local candidate, the candidate's or local
212	212	7.18candidate's name, address, and office sought. A reporting entity making an expenditure on
213	213	7.19behalf of more than one candidate or local candidate must allocate the expenditure among
214	214	7.20the candidates and local candidates on a reasonable cost basis and report the allocation for
215	215	7.21each candidate or local candidate. The report must list on separate schedules any independent
216	216	7.22expenditures made on behalf of local candidates and any expenditures made for ballot
217	217	7.23questions as defined in section 10A.01, subdivision 7, clause (2), (3), or (4).
218	218	7.24 (i) The report must disclose the sum of all expenditures made by or on behalf of the
219	219	7.25reporting entity during the reporting period.
220	220	7.26 (j) The report must disclose the amount and nature of an advance of credit incurred by
221	221	7.27the reporting entity, continuously reported until paid or forgiven. If an advance of credit
222	222	7.28incurred by the principal campaign committee of a candidate is forgiven by the creditor or
223	223	7.29paid by an entity other than that principal campaign committee, it must be reported as a
224	224	7.30donation in kind for the year in which the advance of credit was made.
225	225	7.31 (k) The report must disclose the name, address, and registration number if registered
226	226	7.32with the board of each political committee, political fund, principal campaign committee,
227	227	7.33local candidate, or party unit to which contributions have been made that aggregate in excess
228	228	7.34of $200 within the year and the amount and date of each contribution. The report must list
229	229	7Sec. 10.
230	230	25-01494 as introduced01/24/25 REVISOR JFK/MI 8.1on separate schedules any contributions made to state candidates' principal campaign
231	231	8.2committees and any contributions made to local candidates.
232	232	8.3 (l) The report must disclose the sum of all contributions made by the reporting entity
233	233	8.4during the reporting period and must separately disclose the sum of all contributions made
234	234	8.5to local candidates by the reporting entity during the reporting period.
235	235	8.6 (m) The report must disclose the name, address, and registration number if registered
236	236	8.7with the board of each individual or association to whom noncampaign disbursements have
237	237	8.8been made that aggregate in excess of $200 within the year by or on behalf of the reporting
238	238	8.9entity and the amount, date, and purpose of each noncampaign disbursement, including an
239	239	8.10explanation of how the expenditure was used.
240	240	8.11 (n) The report must disclose the sum of all noncampaign disbursements made within
241	241	8.12the year by or on behalf of the reporting entity.
242	242	8.13 (o) The report must disclose the name and address of a nonprofit corporation that provides
243	243	8.14administrative assistance to a political committee or political fund as authorized by section
244	244	8.15211B.15, subdivision 17, the type of administrative assistance provided, and the aggregate
245	245	8.16fair market value of each type of assistance provided to the political committee or political
246	246	8.17fund during the reporting period.
247	247	8.18 (p) Legislative, statewide, and judicial candidates, party units, and political committees
248	248	8.19and funds must itemize contributions that in aggregate within the year exceed $200 for
249	249	8.20legislative or statewide candidates or more than $500 for ballot questions on reports submitted
250	250	8.21to the board. The itemization must include the date on which the contribution was received,
251	251	8.22the individual or association that provided the contribution, and the address of the contributor.
252	252	8.23Additionally, the itemization for a donation in kind must provide a description of the item
253	253	8.24or service received. Contributions that are less than the itemization amount must be reported
254	254	8.25as an aggregate total.
255	255	8.26 (q) Legislative, statewide, and judicial candidates, party units, political committees and
256	256	8.27funds, and committees to promote or defeat a ballot question must itemize expenditures and
257	257	8.28noncampaign disbursements that in aggregate exceed $200 in a calendar year on reports
258	258	8.29submitted to the board. The itemization must include the date on which the committee made
259	259	8.30or became obligated to make the expenditure or disbursement, the name and address of the
260	260	8.31vendor that provided the service or item purchased, and a description of the service or item
261	261	8.32purchased, including an explanation of how the expenditure was used. Expenditures and
262	262	8.33noncampaign disbursements must be listed on the report alphabetically by vendor.
263	263	8Sec. 10.
264	264	25-01494 as introduced01/24/25 REVISOR JFK/MI 9.1 (r) The report must disclose the total amount of traceable funds received by the reporting
265	265	9.2entity during the reporting period. The report must list each contributor of original funds
266	266	9.3who has contributed, directly or indirectly, more than $5,000 of traceable funds or in-kind
267	267	9.4contributions during the reporting period and the date and amount of each contributor's
268	268	9.5contributions. The report must identify any persons who acted as intermediaries who
269	269	9.6transferred, in whole or in part, traceable funds from original sources to the reporting entity
270	270	9.7and the date, amount, original source, and intermediate source of the transferred funds. The
271	271	9.8report must identify any person whose aggregate contributions of traceable funds to the
272	272	9.9reporting entity constituted more than half of the contributions received by the reporting
273	273	9.10entity during the reporting period.
274	274	9.11 Sec. 11. Minnesota Statutes 2024, section 10A.20, is amended by adding a subdivision to
275	275	9.12read:
276	276	9.13 Subd. 5a.Covered entity supplemental report.In addition to the dates specified in
277	277	9.14subdivision 2, each time a covered entity disburses an additional $10,000 or more in aggregate
278	278	9.15between reports, or receives an additional $10,000 in aggregate between reports of in-kind
279	279	9.16contributions to enable covered spending, that person must file a supplemental report with
280	280	9.17the board. The supplemental report must include any information that has changed since
281	281	9.18the most recently filed report. All information included in the supplemental report must be
282	282	9.19reported in the next regularly filed report required by subdivision 2. The supplemental report
283	283	9.20must be filed with the board no later than 11:59 p.m. on the day following the first date on
284	284	9.21which covered spending is publicly distributed or, in the case of an in-kind expenditure, the
285	285	9.22date on which it is expended. The board must post the report on the board's website by the
286	286	9.23end of the next business day after the report is received.
287	287	9.24 Sec. 12. Minnesota Statutes 2024, section 10A.20, subdivision 12, is amended to read:
288	288	9.25 Subd. 12.Failure to file; late fees; penalty.(a) If an individual or association fails to
289	289	9.26file a report required by this section or section 10A.202, the board may impose a late filing
290	290	9.27fee and a civil penalty as provided in this subdivision.
291	291	9.28 (b) If a candidate, political committee, political fund, principal campaign committee, or
292	292	9.29party unit fails to file a report required by this section that is due January 31, the board may
293	293	9.30impose a late filing fee of $25 per day, not to exceed $1,000, commencing the day after the
294	294	9.31report was due.
295	295	9.32 (c) Except for reports governed by paragraph (b), if an individual, political committee,
296	296	9.33political fund, principal campaign committee, party unit, or association fails to file a report
297	297	9Sec. 12.
298	298	25-01494 as introduced01/24/25 REVISOR JFK/MI 10.1required by subdivision 2, 2a, or 5, or by section 10A.202, the board may impose a late
299	299	10.2filing fee of $50 per day, not to exceed $1,000, commencing on the day after the date the
300	300	10.3statement was due. If the total expenditures or disbursements that occurred during the
301	301	10.4reporting period exceeds $25,000, then the board may also impose a late filing fee of up to
302	302	10.5two percent of the expenditures or disbursements that should have been reported, per day,
303	303	10.6commencing on the day after the report was due, not to exceed 100 percent of the amount
304	304	10.7that should have been reported.
305	305	10.8 (d) If an individual, political committee, political fund, principal campaign committee,
306	306	10.9party unit, or association has been assessed a late filing fee or civil penalty under this
307	307	10.10subdivision during the prior four years, the board may impose a late filing fee, a civil penalty,
308	308	10.11or both of up to twice the amount otherwise authorized by this subdivision. If an individual,
309	309	10.12political committee, political fund, principal campaign committee, party unit, or association
310	310	10.13has been assessed a late filing fee under this subdivision more than two times during the
311	311	10.14prior four years, the board may impose a late filing fee of up to three times the amount
312	312	10.15otherwise authorized by this subdivision.
313	313	10.16 (e) Within ten business days after the report was due or receipt by the board of
314	314	10.17information disclosing the potential failure to file a report required by this section, the board
315	315	10.18must send notice by certified mail that the individual or association may be subject to a civil
316	316	10.19penalty for failure to file the report. An individual who fails to file the report within seven
317	317	10.20days after the certified mail notice was sent by the board is subject to a civil penalty imposed
318	318	10.21by the board of up to $2,000 in addition to the late filing fees imposed by this subdivision.
319	319	10.22 (f) A person must not structure, assist in structuring, or attempt to structure or assist in
320	320	10.23structuring any solicitation, contribution, expenditure, disbursement, or other transaction
321	321	10.24for the purpose of evading the reporting requirements of this section. For a violation of this
322	322	10.25paragraph, the board may impose a civil penalty of not more than ten times the amount in
323	323	10.26the report that is the subject of the violation.
324	324	10.27Sec. 13. Minnesota Statutes 2024, section 10A.202, subdivision 2, is amended to read:
325	325	10.28 Subd. 2.Content of report.A statement of electioneering communications required by
326	326	10.29this section shall disclose the following information:
327	327	10.30 (1) the identification of the person who made the disbursement or who executed a contract
328	328	10.31to make a disbursement and, if the person is not an individual, the person's principal place
329	329	10.32of business;
330	330	10Sec. 13.
331	331	25-01494 as introduced01/24/25 REVISOR JFK/MI 11.1 (2) the identification of any individual sharing or exercising direction or control over
332	332	11.2the activities of the person who made the disbursement or who executed a contract to make
333	333	11.3a disbursement;
334	334	11.4 (3) the identification of the custodian of the books and accounts from which the
335	335	11.5disbursements were made;
336	336	11.6 (4) the amount of each disbursement, or amount obligated, of more than $200 during
337	337	11.7the period covered by the statement, the date the disbursement was made or the contract
338	338	11.8was executed, and the identification of the person to whom that disbursement was made;
339	339	11.9 (5) all clearly identified candidates referred to in the electioneering communication and
340	340	11.10the elections in which they are candidates;
341	341	11.11 (6) the disclosure date;
342	342	11.12 (7) if the disbursements were paid exclusively from a segregated bank account consisting
343	343	11.13of funds provided solely by persons other than national banks, corporations organized by
344	344	11.14federal law or the laws of this state, or foreign nationals, the name and address of each donor
345	345	11.15who donated an amount aggregating $1,000 or more to the segregated bank account,
346	346	11.16aggregating since the first day of the preceding calendar year;
347	347	11.17 (8) if the disbursements were not paid exclusively from a segregated bank account
348	348	11.18consisting of funds provided solely by persons other than national banks, corporations
349	349	11.19organized by federal law or the laws of this state, or foreign nationals, and were not made
350	350	11.20by a corporation or labor organization, the name and address of each donor who donated
351	351	11.21an amount aggregating $1,000 or more to the person making the disbursement, aggregating
352	352	11.22since the first day of the preceding calendar year; and
353	353	11.23 (9) if the disbursements were made by a corporation or labor organization and were not
354	354	11.24paid exclusively from a segregated bank account consisting of funds provided solely by
355	355	11.25persons other than national banks, corporations organized by federal law or the laws of this
356	356	11.26state, or foreign nationals, the name and address of each person who made a donation
357	357	11.27aggregating $1,000 or more to the corporation or labor organization, aggregating since the
358	358	11.28first day of the preceding calendar year, which was made for the purpose of furthering
359	359	11.29electioneering communications.; and
360	360	11.30 (10) if the disbursements were made in whole or in part with traceable funds, the statement
361	361	11.31must disclose each contributor of original funds who has contributed, directly or indirectly,
362	362	11.32more than $5,000 of traceable funds or in-kind contributions for the disbursements disclosed
363	363	11.33in the statement and the date and amount of each of the contributor's contributions. If
364	364	11Sec. 13.
365	365	25-01494 as introduced01/24/25 REVISOR JFK/MI 12.1intermediaries were used to transfer the traceable funds to the covered entity, the statement
366	366	12.2must identify all persons who acted as intermediaries who transferred, in whole or part,
367	367	12.3traceable funds from original sources to the association that made the electioneering
368	368	12.4communication and the date, amount, original source, and intermediate source of the
369	369	12.5transferred funds.
370	370	12.6 Sec. 14. Minnesota Statutes 2024, section 10A.202, subdivision 3, is amended to read:
371	371	12.7 Subd. 3.Recordkeeping.All persons who make electioneering communications or who
372	372	12.8accept donations for the purpose of making electioneering communications must maintain
373	373	12.9records as necessary to comply with the requirements of this section. In addition, all persons
374	374	12.10who accept traceable funds for use in making electioneering communications must maintain:
375	375	12.11 (1) a record of the name, address, and position of the individual who is the custodian of
376	376	12.12the transfer records;
377	377	12.13 (2) the name, address, and position of at least one individual who can control, directly
378	378	12.14or indirectly, how the traceable funds are disbursed;
379	379	12.15 (3) the full name and office of any candidate referenced in an electioneering
380	380	12.16communication that was financed, in whole or part, with traceable funds;
381	381	12.17 (4) the identity of any person whose aggregate contributions of traceable funds to the
382	382	12.18covered entity constituted more than half of the funds of the covered entity at the start of
383	383	12.19the calendar year; and
384	384	12.20 (5) the total amount of traceable funds owned or controlled by the covered entity for use
385	385	12.21in making electioneering communications during the calendar year.
386	386	12.22Sec. 15. Minnesota Statutes 2024, section 211B.04, subdivision 1, is amended to read:
387	387	12.23 Subdivision 1.Campaign material.(a) A person who participates in the preparation or
388	388	12.24dissemination of campaign material other than as provided in section 211B.05, subdivision
389	389	12.251, that does not prominently include the name and address of the person or committee
390	390	12.26causing the material to be prepared or disseminated in a disclaimer substantially in the form
391	391	12.27provided in paragraph (b) or (c) is guilty of a misdemeanor.
392	392	12.28 (b) Except in cases covered by paragraph (c), the required form of disclaimer is: "Prepared
393	393	12.29and paid for by the ....... committee, ....... (address)" for material prepared and paid for by
394	394	12.30a principal campaign committee, or "Prepared and paid for by the ....... committee, .......
395	395	12.31(address)" for material prepared and paid for by a person or committee other than a principal
396	396	12.32campaign committee. The address must be either the committee's mailing address or the
397	397	12Sec. 15.
398	398	25-01494 as introduced01/24/25 REVISOR JFK/MI 13.1committee's website, if the website includes the committee's mailing address. If the material
399	399	13.2is produced and disseminated without cost, the words "paid for" may be omitted from the
400	400	13.3disclaimer.
401	401	13.4 (c) In the case of broadcast media, the required form of disclaimer is: "Paid for by the
402	402	13.5....... committee." If the material is produced and broadcast without cost, the required form
403	403	13.6of the disclaimer is: "The ....... committee is responsible for the content of this message."
404	404	13.7 (d ) As provided in subdivision 2a, if there are donors who directly or indirectly donated
405	405	13.8$10,000 or more in original funds during the election cycle segment, in addition to the
406	406	13.9requirements in paragraphs (b) and (c), the disclaimer must include the names of the top
407	407	13.10three highest donors over $10,000 as of when the text is finalized. The required form of the
408	408	13.11disclaimer is: "The following persons are the top three donors who helped pay for this
409	409	13.12message: ....... (names of donors). More information may be found at ....... (link to the
410	410	13.13committee's web page on the Board's website)." As an alternative to providing the full
411	411	13.14address to the committee's page on the board's website, the disclaimer may instead use a
412	412	13.15different method that is commonly used to provide a shortcut to a specific web page.
413	413	13.16Sec. 16. Minnesota Statutes 2024, section 211B.04, is amended by adding a subdivision
414	414	13.17to read:
415	415	13.18 Subd. 1a.Definitions.(a) For purposes of this section, the following terms have the
416	416	13.19given meanings.
417	417	13.20 (b) "Board" means the Campaign Finance and Public Disclosure Board established in
418	418	13.21chapter 10A.
419	419	13.22 (c) "Covered entity" has the meaning given in section 10A.01, subdivision 9b.
420	420	13.23 (d) "Original funds" has the meaning given in section 10A.01, subdivision 26c.
421	421	13.24 (e) "Traceable funds" has the meaning given in section 10A.01, subdivision 36a.
422	422	13.25Sec. 17. Minnesota Statutes 2024, section 211B.04, subdivision 2, is amended to read:
423	423	13.26 Subd. 2.Independent expenditures.(a) The required form of the disclaimer on a written
424	424	13.27independent expenditure is: "This is an independent expenditure prepared and paid for by
425	425	13.28....... (name of entity participating in the expenditure), ....... (address). It is not coordinated
426	426	13.29with or approved by any candidate nor is any candidate responsible for it." The address
427	427	13.30must be either the entity's mailing address or the entity's website, if the website includes
428	428	13.31the entity's mailing address. When a written independent expenditure is produced and
429	429	13.32disseminated without cost, the words "and paid for" may be omitted from the disclaimer.
430	430	13Sec. 17.
431	431	25-01494 as introduced01/24/25 REVISOR JFK/MI 14.1 (b) The required form of the disclaimer on a broadcast independent expenditure is: "This
432	432	14.2independent expenditure is paid for by ....... (name of entity participating in the expenditure).
433	433	14.3It is not coordinated with or approved by any candidate nor is any candidate responsible
434	434	14.4for it." When a broadcast independent expenditure is produced and disseminated without
435	435	14.5cost, the following disclaimer may be used: "....... (name of entity participating in the
436	436	14.6expenditure) is responsible for the contents of this independent expenditure. It is not
437	437	14.7coordinated with or approved by any candidate nor is any candidate responsible for it."
438	438	14.8 (c) As provided in subdivision 2a, if there are donors who directly or indirectly donated
439	439	14.9$10,000 or more in original funds during the election cycle segment, in addition to the
440	440	14.10requirements in paragraphs (a) and (b), the disclaimer must include the names of the top
441	441	14.11three highest donors over $10,000 as of when the text is finalized. The required form of the
442	442	14.12disclaimer is: "The following persons are the top three donors who helped pay for this
443	443	14.13message: ....... (names of donors). More information may be found at ....... (link to the
444	444	14.14committee's web page on the Board's website)." As an alternative to providing the full
445	445	14.15address to the committee's page on the board's website, the disclaimer may instead use a
446	446	14.16different method that is commonly used to provide a shortcut to a specific web page.
447	447	14.17Sec. 18. Minnesota Statutes 2024, section 211B.04, is amended by adding a subdivision
448	448	14.18to read:
449	449	14.19 Subd. 2a.Top three donors.(a) For purposes of subdivisions 1 and 2, the top three
450	450	14.20donors must be determined by calculating the three donors of traceable funds that have
451	451	14.21contributed the most original funds, directly or indirectly, during the election cycle to the
452	452	14.22covered entity or, if the covered entity is a political fund, the most original funds to the
453	453	14.23general treasury of that political committee.
454	454	14.24 (b) Contributions of traceable funds made in prior election cycles shall be considered
455	455	14.25to have been contributed in the current election cycle if the contributor's aggregate
456	456	14.26contributions of original funds to the covered entity constituted more than one-half of the
457	457	14.27covered entity's traceable funds at the start of the election cycle segment or, if the reporting
458	458	14.28person is a political committee, the contributor's aggregate contributions to the general
459	459	14.29treasury of that political committee constituted more than one-half of the funds in that
460	460	14.30treasury at the start of the election cycle.
461	461	14.31 (c) If multiple contributors have contributed identical amounts so that there is no
462	462	14.32difference in contributed amounts between the third-highest contributor and the
463	463	14.33fourth-highest, or lower, the contributor who most recently contributed to the covered entity
464	464	14.34shall be deemed a top three donor.
465	465	14Sec. 18.
466	466	25-01494 as introduced01/24/25 REVISOR JFK/MI 15.1 (d) No contributor of traceable funds shall be deemed a top three donor if the contributor's
467	467	15.2aggregate contributions of original funds during the election cycle to the covered entity are
468	468	15.3less than $10,000.
469	469	15.4 (e) To the extent that fewer than three contributors meet the $10,000 threshold in
470	470	15.5paragraph (d), an intermediary who transferred, directly or indirectly, more than $10,000
471	471	15.6of traceable funds to the covered entity during the election cycle shall be treated as the
472	472	15.7original source of funds for purposes of the disclaimer required by this section.
473	473	15.8 Sec. 19. Minnesota Statutes 2024, section 211B.04, is amended by adding a subdivision
474	474	15.9to read:
475	475	15.10 Subd. 6.Campaign Finance and Public Disclosure Board.The board's website must
476	476	15.11have a separate web page for each committee that provides the information required by
477	477	15.12subdivisions 1 and 2. The board must provide each committee with a simple link to that
478	478	15.13committee's specific web page.
479	479	15.14Sec. 20. PUBLIC AWARENESS PROMOTION.
480	480	15.15 The Campaign Finance and Public Disclosure Board must promote public awareness of
481	481	15.16this law and the ability of the public to use the board's website to find information about
482	482	15.17the original source of campaign contributions and contributors. The board must make
483	483	15.18available on its website instructions on how to use the website databases.
484	484	15.19Sec. 21. APPROPRIATION.
485	485	15.20 $....... in fiscal year 2025 is appropriated from the general fund to the Campaign Finance
486	486	15.21and Public Disclosure Board to implement the requirements of this act. This appropriation
487	487	15.22does not cancel, but is available until June 30, 2026.
488	488	15.23 EFFECTIVE DATE.This section is effective the day following final enactment.
489	489	15.24Sec. 22. REVISOR INSTRUCTION.
490	490	15.25 The revisor must renumber the subdivisions in Minnesota Statutes, section 10A.01, so
491	491	15.26that the definitions appear in alphabetical order. The revisor must correct all cross-references.
492	492	15.27Sec. 23. EFFECTIVE DATE.
493	493	15.28 This act is effective January 1, 2026, unless otherwise stated.
494	494	15Sec. 23.
495	495	25-01494 as introduced01/24/25 REVISOR JFK/MI