1.1 A bill for an act
1.2 relating to campaign finance; requiring reporting disclosure of original sources of
1.3 campaign funds; requiring recordkeeping and reporting; modifying disclosure
1.4 requirements; providing penalties; appropriating money; amending Minnesota
1.5 Statutes 2024, sections 10A.01, by adding subdivisions; 10A.02, by adding a
1.6 subdivision; 10A.20, subdivisions 3, 12, by adding a subdivision; 10A.202,
1.7 subdivisions 2, 3; 211B.04, subdivisions 1, 2, by adding subdivisions; proposing
1.8 coding for new law in Minnesota Statutes, chapter 10A.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision
1.11to read:
1.12 Subd. 8a.Business income."Business income" means:
1.13 (1) money received by a person in commercial transactions in the ordinary course of the
1.14person's regular trade, business, or investments; or
1.15 (2) membership or union dues to the extent that they do not exceed $5,000 from a person
1.16in a calendar year.
1.17 Sec. 2. Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision to
1.18read:
1.19 Subd. 9b.Covered entity."Covered entity" means any association, political committee
1.20or fund, person, political party, or political party unit who spends $10,000 or more in an
1.21election cycle segment on covered campaign spending or who accepts $10,000 or more in
1.22an election cycle segment of in-kind contributions to enable covered campaign spending,
1.23but does not include:
1Sec. 2.
25-01494 as introduced01/24/25 REVISOR JFK/MI
SENATE
STATE OF MINNESOTA
S.F. No. 905NINETY-FOURTH SESSION
(SENATE AUTHORS: PORT, Dibble, Putnam and Boldon)
OFFICIAL STATUSD-PGDATE
Introduction and first reading02/03/2025
Referred to Elections 2.1 (1) an individual who spends only their own personal funds for covered campaign
2.2spending;
2.3 (2) an entity that spends only its own business income for covered campaign spending;
2.4 (3) a candidate's principle campaign committee; or
2.5 (4) any of the following that receive no more than $5,000 in contributions from any one
2.6person in an election cycle segment: political committee or fund, person, political party, or
2.7political party unit.
2.8The amount of a person's covered campaign spending includes spending made by entities
2.9established, financed, maintained, or controlled by that person.
2.10 Sec. 3. Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision to
2.11read:
2.12 Subd. 9c.Covered campaign spending."Covered campaign spending" means the
2.13expenditure of funds by a covered entity for independent expenditures, electioneering
2.14communications, and to promote or defeat ballot questions.
2.15 Sec. 4. Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision to
2.16read:
2.17 Subd. 17e.Identity."Identity" means:
2.18 (1) in the case of an individual, the individual's name, address, and employer or
2.19occupation if self-employed; or
2.20 (2) in the case of an association, the legal name, address, federal tax status, and state of
2.21incorporation or partnership, if any.
2.22 Sec. 5. Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision to
2.23read:
2.24 Subd. 26c.Original funds."Original funds" means business income or the personal
2.25funds of an individual.
2.26 Sec. 6. Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision to
2.27read:
2.28 Subd. 26d.Personal funds."Personal funds" means:
2Sec. 6.
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
3.2or transferred funds to another person for covered spending, the individual had legal control
3.3over and rightful title to transfer;
3.4 (2) income received by an individual, including:
3.5 (i) salary and other earned income from bona fide employment;
3.6 (ii) dividends and proceeds from the individual's personal investments; or
3.7 (iii) bequests to the individual, including income from trusts established by bequests;
3.8and
3.9 (3) a portion of assets that are jointly owned by the individual and the individual's spouse
3.10equal to the individual's share of the assets under the instrument of conveyance or ownership,
3.11or if no specific share is indicated by an instrument of conveyance or ownership, the value
3.12of one-half of the property.
3.13Personal funds does not include any asset or income received from any person for the
3.14purpose of influencing any election.
3.15 Sec. 7. Minnesota Statutes 2024, section 10A.01, is amended by adding a subdivision to
3.16read:
3.17 Subd. 36a.Traceable funds."Traceable funds" means funds and in-kind contributions
3.18that have been given to a covered entity and for which, pursuant to section 10A.125, no
3.19donor has opted out of the use or transfer for covered campaign spending.
3.20 Sec. 8. Minnesota Statutes 2024, section 10A.02, is amended by adding a subdivision to
3.21read:
3.22 Subd. 16.Website requirements.The board must maintain a page on its website for
3.23each entity that reports spending to the board. The board must provide a way for the public
3.24to easily find information on original source donors from the web page to which the public
3.25is directed.
3.26 Sec. 9. [10A.125] TRANSFER RECORDS; NOTICE REQUIREMENTS.
3.27 Subdivision 1.Transfer records; notice requirements.A covered entity must maintain
3.28written transfer records. The records must include the identity of the persons who directly
3.29or indirectly contributed or transferred original funds or in-kind contributions used for
3.30covered campaign spending, the amounts of those contributions or transfers, and how the
3.31contributions or transfers were disbursed. In addition, the records must include the name,
3Sec. 9.
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
4.2identity of any person whose aggregate contributions of traceable funds to the covered entity
4.3constituted more than half of the funds of the covered entity at the start of the calendar year;
4.4the identity of any intermediaries used to transfer the traceable funds to the covered entity
4.5from original sources with the date, amount, original source, and intermediate source of the
4.6transferred funds; and the total amount of traceable funds received by the covered entity
4.7during the calendar year.
4.8 Subd. 2.Contributions.(a) This subdivision applies to contributions that are not in-kind
4.9contributions.
4.10 (b) A covered entity must notify a donor that the contribution may be used in Minnesota
4.11for covered campaign spending unless the donor opts out of having the donation used or
4.12transferred for these purposes. The notice may be provided to the donor before or after the
4.13covered entity receives the contribution, but the contribution may not be used or transferred
4.14for covered campaign spending purposes until 21 days after the notice is provided or until
4.15the donor provides written consent, whichever is earlier. The notice provided to the donor
4.16must be in writing and, at a minimum, must state:
4.17 (1) the donor's contributions may be used for covered campaign spending in Minnesota
4.18and that information about donors may have to be reported to the Campaign Finance and
4.19Public Disclosure Board for disclosure to the public; and
4.20 (2) the donor may opt out of having their contributions used or transferred for covered
4.21campaign spending in Minnesota by notifying the covered entity in writing within 21 days.
4.22 (c) When a person contributes $10,000 or more in aggregate in traceable funds in an
4.23election cycle segment, the notice required by paragraph (b) must also inform the person
4.24of the requirements of paragraph (d). A covered entity's failure to provide notice required
4.25by this paragraph does not negate the obligation to comply with the requirements in paragraph
4.26(d).
4.27 (d) Within ten days of receiving a written request from the covered entity, any person
4.28who contributes $10,000 or more in aggregate in traceable funds in an election cycle segment
4.29to a covered entity must inform the covered entity of the identities of persons who directly
4.30or indirectly contributed $1,000 or more in original funds being transferred, the amounts
4.31of the persons' original funds being transferred, and the identities of any persons who have
4.32previously transferred the original funds. If more than one transfer has previously occurred,
4.33the contributor must disclose all the previous transfers and intermediaries. The contributor
4.34must maintain these records for at least four years and provide them, upon request, to the
4Sec. 9.
25-01494 as introduced01/24/25 REVISOR JFK/MI 5.1board. The covered entity must not use or transfer the contribution for covered campaign
5.2spending purposes unless the covered entity has received complete transfer records for the
5.3contributions.
5.4 Subd. 3.In-kind contributions.(a) This subdivision applies to in-kind contributions.
5.5 (b) A covered entity must notify a donor that the in-kind contribution may be used in
5.6Minnesota for covered campaign spending unless the donor opts out of having the donation
5.7used for these purposes. The notice must be in writing and must state:
5.8 (1) the donor's contributions may be used for covered campaign spending in Minnesota
5.9and that information about donors may have to be reported to the Campaign Finance and
5.10Public Disclosure Board for disclosure to the public; and
5.11 (2) the donor may opt out of having their contributions used or transferred for covered
5.12campaign spending in Minnesota by notifying the covered entity at the time the contribution
5.13is made or offered to be made.
5.14 (c) When a person makes an in-kind contribution to a covered entity of $10,000 or more
5.15in aggregate in traceable funds in an election cycle segment, the notice required by paragraph
5.16(b) must also inform the person of the requirements of paragraph (d). A covered entity's
5.17failure to provide notice required by this paragraph does not negate the obligation to comply
5.18with the requirements in paragraph (d).
5.19 (d) Any person who makes an in-kind contribution to a covered entity of $10,000 or
5.20more in aggregate in an election cycle segment to enable covered campaign spending must
5.21inform the covered entity, at the time the in-kind contribution is made or offered to be made,
5.22of the identities of persons who directly or indirectly contributed or provided $1,000 or
5.23more in original funds used to finance the in-kind contribution, the amounts of the persons'
5.24original funds so used, and the identities of any persons who had previously transferred the
5.25original funds. If more than one transfer had previously occurred, the in-kind contributor
5.26must disclose all the previous transfers and intermediaries. The in-kind contributor must
5.27maintain these records for at least four years and provide them, upon request, to the board.
5.28The covered entity must not use the in-kind contribution unless the covered entity has
5.29received complete transfer records for the contributions. A covered entity must not use an
5.30in-kind contribution for covered campaign expenditures if the donor has notified the covered
5.31entity that the donor has opted to not have the in-kind contribution spent for covered
5.32campaign expenditures.
5Sec. 9.
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
6.2of not less than the amount contributed or spent, and not more than the greater of either
6.3$10,000 or double the amount contributed or spent.
6.4 EFFECTIVE DATE; APPLICATION.This section is effective January 1, 2026, and
6.5applies to contributions or transfers made on or after that date.
6.6 Sec. 10. Minnesota Statutes 2024, section 10A.20, subdivision 3, is amended to read:
6.7 Subd. 3.Contents of report.(a) The report required by this section must include each
6.8of the items listed in paragraphs (b) to (q) that are applicable to the filer. The board shall
6.9prescribe forms based on filer type indicating which of those items must be included on the
6.10filer's report.
6.11 (b) The report must disclose the amount of liquid assets on hand at the beginning of the
6.12reporting period.
6.13 (c) The report must disclose the name, address, employer, or occupation if self-employed,
6.14and registration number if registered with the board, of each individual or association that
6.15has made one or more contributions to the reporting entity, including the purchase of tickets
6.16for a fundraising effort, that in aggregate within the year exceed $200 for legislative or
6.17statewide candidates or more than $500 for ballot questions, together with the amount and
6.18date of each contribution, and the aggregate amount of contributions within the year from
6.19each source so disclosed. A donation in kind must be disclosed at its fair market value. An
6.20approved expenditure must be listed as a donation in kind. A donation in kind is considered
6.21consumed in the reporting period in which it is received. The names of contributors must
6.22be listed in alphabetical order. Contributions from the same contributor must be listed under
6.23the same name. When a contribution received from a contributor in a reporting period is
6.24added to previously reported unitemized contributions from the same contributor and the
6.25aggregate exceeds the disclosure threshold of this paragraph, the name, address, and
6.26employer, or occupation if self-employed, of the contributor must then be listed on the
6.27report.
6.28 (d) The report must disclose the sum of contributions to the reporting entity during the
6.29reporting period.
6.30 (e) The report must disclose each loan made or received by the reporting entity within
6.31the year in aggregate in excess of $200, continuously reported until repaid or forgiven,
6.32together with the name, address, occupation, principal place of business, if any, and
6.33registration number if registered with the board of the lender and any endorser and the date
6Sec. 10.
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
7.2is forgiven or is repaid by an entity other than that principal campaign committee, it must
7.3be reported as a contribution for the year in which the loan was made.
7.4 (f) The report must disclose each receipt over $200 during the reporting period not
7.5otherwise listed under paragraphs (c) to (e).
7.6 (g) The report must disclose the sum of all receipts of the reporting entity during the
7.7reporting period.
7.8 (h) The report must disclose the name, address, and registration number if registered
7.9with the board of each individual or association to whom aggregate expenditures, approved
7.10expenditures, independent expenditures, and ballot question expenditures have been made
7.11by or on behalf of the reporting entity within the year in excess of $200, together with the
7.12amount, date, and purpose of each expenditure, including an explanation of how the
7.13expenditure was used, and the name and address of, and office sought by, each candidate
7.14or local candidate on whose behalf the expenditure was made, identification of the ballot
7.15question that the expenditure was intended to promote or defeat and an indication of whether
7.16the expenditure was to promote or to defeat the ballot question, and in the case of independent
7.17expenditures made in opposition to a candidate or local candidate, the candidate's or local
7.18candidate's name, address, and office sought. A reporting entity making an expenditure on
7.19behalf of more than one candidate or local candidate must allocate the expenditure among
7.20the candidates and local candidates on a reasonable cost basis and report the allocation for
7.21each candidate or local candidate. The report must list on separate schedules any independent
7.22expenditures made on behalf of local candidates and any expenditures made for ballot
7.23questions as defined in section 10A.01, subdivision 7, clause (2), (3), or (4).
7.24 (i) The report must disclose the sum of all expenditures made by or on behalf of the
7.25reporting entity during the reporting period.
7.26 (j) The report must disclose the amount and nature of an advance of credit incurred by
7.27the reporting entity, continuously reported until paid or forgiven. If an advance of credit
7.28incurred by the principal campaign committee of a candidate is forgiven by the creditor or
7.29paid by an entity other than that principal campaign committee, it must be reported as a
7.30donation in kind for the year in which the advance of credit was made.
7.31 (k) The report must disclose the name, address, and registration number if registered
7.32with the board of each political committee, political fund, principal campaign committee,
7.33local candidate, or party unit to which contributions have been made that aggregate in excess
7.34of $200 within the year and the amount and date of each contribution. The report must list
7Sec. 10.
25-01494 as introduced01/24/25 REVISOR JFK/MI 8.1on separate schedules any contributions made to state candidates' principal campaign
8.2committees and any contributions made to local candidates.
8.3 (l) The report must disclose the sum of all contributions made by the reporting entity
8.4during the reporting period and must separately disclose the sum of all contributions made
8.5to local candidates by the reporting entity during the reporting period.
8.6 (m) The report must disclose the name, address, and registration number if registered
8.7with the board of each individual or association to whom noncampaign disbursements have
8.8been made that aggregate in excess of $200 within the year by or on behalf of the reporting
8.9entity and the amount, date, and purpose of each noncampaign disbursement, including an
8.10explanation of how the expenditure was used.
8.11 (n) The report must disclose the sum of all noncampaign disbursements made within
8.12the year by or on behalf of the reporting entity.
8.13 (o) The report must disclose the name and address of a nonprofit corporation that provides
8.14administrative assistance to a political committee or political fund as authorized by section
8.15211B.15, subdivision 17, the type of administrative assistance provided, and the aggregate
8.16fair market value of each type of assistance provided to the political committee or political
8.17fund during the reporting period.
8.18 (p) Legislative, statewide, and judicial candidates, party units, and political committees
8.19and funds must itemize contributions that in aggregate within the year exceed $200 for
8.20legislative or statewide candidates or more than $500 for ballot questions on reports submitted
8.21to the board. The itemization must include the date on which the contribution was received,
8.22the individual or association that provided the contribution, and the address of the contributor.
8.23Additionally, the itemization for a donation in kind must provide a description of the item
8.24or service received. Contributions that are less than the itemization amount must be reported
8.25as an aggregate total.
8.26 (q) Legislative, statewide, and judicial candidates, party units, political committees and
8.27funds, and committees to promote or defeat a ballot question must itemize expenditures and
8.28noncampaign disbursements that in aggregate exceed $200 in a calendar year on reports
8.29submitted to the board. The itemization must include the date on which the committee made
8.30or became obligated to make the expenditure or disbursement, the name and address of the
8.31vendor that provided the service or item purchased, and a description of the service or item
8.32purchased, including an explanation of how the expenditure was used. Expenditures and
8.33noncampaign disbursements must be listed on the report alphabetically by vendor.
8Sec. 10.
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
9.2entity during the reporting period. The report must list each contributor of original funds
9.3who has contributed, directly or indirectly, more than $5,000 of traceable funds or in-kind
9.4contributions during the reporting period and the date and amount of each contributor's
9.5contributions. The report must identify any persons who acted as intermediaries who
9.6transferred, in whole or in part, traceable funds from original sources to the reporting entity
9.7and the date, amount, original source, and intermediate source of the transferred funds. The
9.8report must identify any person whose aggregate contributions of traceable funds to the
9.9reporting entity constituted more than half of the contributions received by the reporting
9.10entity during the reporting period.
9.11 Sec. 11. Minnesota Statutes 2024, section 10A.20, is amended by adding a subdivision to
9.12read:
9.13 Subd. 5a.Covered entity supplemental report.In addition to the dates specified in
9.14subdivision 2, each time a covered entity disburses an additional $10,000 or more in aggregate
9.15between reports, or receives an additional $10,000 in aggregate between reports of in-kind
9.16contributions to enable covered spending, that person must file a supplemental report with
9.17the board. The supplemental report must include any information that has changed since
9.18the most recently filed report. All information included in the supplemental report must be
9.19reported in the next regularly filed report required by subdivision 2. The supplemental report
9.20must be filed with the board no later than 11:59 p.m. on the day following the first date on
9.21which covered spending is publicly distributed or, in the case of an in-kind expenditure, the
9.22date on which it is expended. The board must post the report on the board's website by the
9.23end of the next business day after the report is received.
9.24 Sec. 12. Minnesota Statutes 2024, section 10A.20, subdivision 12, is amended to read:
9.25 Subd. 12.Failure to file; late fees; penalty.(a) If an individual or association fails to
9.26file a report required by this section or section 10A.202, the board may impose a late filing
9.27fee and a civil penalty as provided in this subdivision.
9.28 (b) If a candidate, political committee, political fund, principal campaign committee, or
9.29party unit fails to file a report required by this section that is due January 31, the board may
9.30impose a late filing fee of $25 per day, not to exceed $1,000, commencing the day after the
9.31report was due.
9.32 (c) Except for reports governed by paragraph (b), if an individual, political committee,
9.33political fund, principal campaign committee, party unit, or association fails to file a report
9Sec. 12.
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
10.2filing fee of $50 per day, not to exceed $1,000, commencing on the day after the date the
10.3statement was due. If the total expenditures or disbursements that occurred during the
10.4reporting period exceeds $25,000, then the board may also impose a late filing fee of up to
10.5two percent of the expenditures or disbursements that should have been reported, per day,
10.6commencing on the day after the report was due, not to exceed 100 percent of the amount
10.7that should have been reported.
10.8 (d) If an individual, political committee, political fund, principal campaign committee,
10.9party unit, or association has been assessed a late filing fee or civil penalty under this
10.10subdivision during the prior four years, the board may impose a late filing fee, a civil penalty,
10.11or both of up to twice the amount otherwise authorized by this subdivision. If an individual,
10.12political committee, political fund, principal campaign committee, party unit, or association
10.13has been assessed a late filing fee under this subdivision more than two times during the
10.14prior four years, the board may impose a late filing fee of up to three times the amount
10.15otherwise authorized by this subdivision.
10.16 (e) Within ten business days after the report was due or receipt by the board of
10.17information disclosing the potential failure to file a report required by this section, the board
10.18must send notice by certified mail that the individual or association may be subject to a civil
10.19penalty for failure to file the report. An individual who fails to file the report within seven
10.20days after the certified mail notice was sent by the board is subject to a civil penalty imposed
10.21by the board of up to $2,000 in addition to the late filing fees imposed by this subdivision.
10.22 (f) A person must not structure, assist in structuring, or attempt to structure or assist in
10.23structuring any solicitation, contribution, expenditure, disbursement, or other transaction
10.24for the purpose of evading the reporting requirements of this section. For a violation of this
10.25paragraph, the board may impose a civil penalty of not more than ten times the amount in
10.26the report that is the subject of the violation.
10.27Sec. 13. Minnesota Statutes 2024, section 10A.202, subdivision 2, is amended to read:
10.28 Subd. 2.Content of report.A statement of electioneering communications required by
10.29this section shall disclose the following information:
10.30 (1) the identification of the person who made the disbursement or who executed a contract
10.31to make a disbursement and, if the person is not an individual, the person's principal place
10.32of business;
10Sec. 13.
25-01494 as introduced01/24/25 REVISOR JFK/MI 11.1 (2) the identification of any individual sharing or exercising direction or control over
11.2the activities of the person who made the disbursement or who executed a contract to make
11.3a disbursement;
11.4 (3) the identification of the custodian of the books and accounts from which the
11.5disbursements were made;
11.6 (4) the amount of each disbursement, or amount obligated, of more than $200 during
11.7the period covered by the statement, the date the disbursement was made or the contract
11.8was executed, and the identification of the person to whom that disbursement was made;
11.9 (5) all clearly identified candidates referred to in the electioneering communication and
11.10the elections in which they are candidates;
11.11 (6) the disclosure date;
11.12 (7) if the disbursements were paid exclusively from a segregated bank account consisting
11.13of funds provided solely by persons other than national banks, corporations organized by
11.14federal law or the laws of this state, or foreign nationals, the name and address of each donor
11.15who donated an amount aggregating $1,000 or more to the segregated bank account,
11.16aggregating since the first day of the preceding calendar year;
11.17 (8) if the disbursements were not paid exclusively from a segregated bank account
11.18consisting of funds provided solely by persons other than national banks, corporations
11.19organized by federal law or the laws of this state, or foreign nationals, and were not made
11.20by a corporation or labor organization, the name and address of each donor who donated
11.21an amount aggregating $1,000 or more to the person making the disbursement, aggregating
11.22since the first day of the preceding calendar year; and
11.23 (9) if the disbursements were made by a corporation or labor organization and were not
11.24paid exclusively from a segregated bank account consisting of funds provided solely by
11.25persons other than national banks, corporations organized by federal law or the laws of this
11.26state, or foreign nationals, the name and address of each person who made a donation
11.27aggregating $1,000 or more to the corporation or labor organization, aggregating since the
11.28first day of the preceding calendar year, which was made for the purpose of furthering
11.29electioneering communications.; and
11.30 (10) if the disbursements were made in whole or in part with traceable funds, the statement
11.31must disclose each contributor of original funds who has contributed, directly or indirectly,
11.32more than $5,000 of traceable funds or in-kind contributions for the disbursements disclosed
11.33in the statement and the date and amount of each of the contributor's contributions. If
11Sec. 13.
25-01494 as introduced01/24/25 REVISOR JFK/MI 12.1intermediaries were used to transfer the traceable funds to the covered entity, the statement
12.2must identify all persons who acted as intermediaries who transferred, in whole or part,
12.3traceable funds from original sources to the association that made the electioneering
12.4communication and the date, amount, original source, and intermediate source of the
12.5transferred funds.
12.6 Sec. 14. Minnesota Statutes 2024, section 10A.202, subdivision 3, is amended to read:
12.7 Subd. 3.Recordkeeping.All persons who make electioneering communications or who
12.8accept donations for the purpose of making electioneering communications must maintain
12.9records as necessary to comply with the requirements of this section. In addition, all persons
12.10who accept traceable funds for use in making electioneering communications must maintain:
12.11 (1) a record of the name, address, and position of the individual who is the custodian of
12.12the transfer records;
12.13 (2) the name, address, and position of at least one individual who can control, directly
12.14or indirectly, how the traceable funds are disbursed;
12.15 (3) the full name and office of any candidate referenced in an electioneering
12.16communication that was financed, in whole or part, with traceable funds;
12.17 (4) the identity of any person whose aggregate contributions of traceable funds to the
12.18covered entity constituted more than half of the funds of the covered entity at the start of
12.19the calendar year; and
12.20 (5) the total amount of traceable funds owned or controlled by the covered entity for use
12.21in making electioneering communications during the calendar year.
12.22Sec. 15. Minnesota Statutes 2024, section 211B.04, subdivision 1, is amended to read:
12.23 Subdivision 1.Campaign material.(a) A person who participates in the preparation or
12.24dissemination of campaign material other than as provided in section 211B.05, subdivision
12.251, that does not prominently include the name and address of the person or committee
12.26causing the material to be prepared or disseminated in a disclaimer substantially in the form
12.27provided in paragraph (b) or (c) is guilty of a misdemeanor.
12.28 (b) Except in cases covered by paragraph (c), the required form of disclaimer is: "Prepared
12.29and paid for by the ....... committee, ....... (address)" for material prepared and paid for by
12.30a principal campaign committee, or "Prepared and paid for by the ....... committee, .......
12.31(address)" for material prepared and paid for by a person or committee other than a principal
12.32campaign committee. The address must be either the committee's mailing address or the
12Sec. 15.
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
13.2is produced and disseminated without cost, the words "paid for" may be omitted from the
13.3disclaimer.
13.4 (c) In the case of broadcast media, the required form of disclaimer is: "Paid for by the
13.5....... committee." If the material is produced and broadcast without cost, the required form
13.6of the disclaimer is: "The ....... committee is responsible for the content of this message."
13.7 (d ) As provided in subdivision 2a, if there are donors who directly or indirectly donated
13.8$10,000 or more in original funds during the election cycle segment, in addition to the
13.9requirements in paragraphs (b) and (c), the disclaimer must include the names of the top
13.10three highest donors over $10,000 as of when the text is finalized. The required form of the
13.11disclaimer is: "The following persons are the top three donors who helped pay for this
13.12message: ....... (names of donors). More information may be found at ....... (link to the
13.13committee's web page on the Board's website)." As an alternative to providing the full
13.14address to the committee's page on the board's website, the disclaimer may instead use a
13.15different method that is commonly used to provide a shortcut to a specific web page.
13.16Sec. 16. Minnesota Statutes 2024, section 211B.04, is amended by adding a subdivision
13.17to read:
13.18 Subd. 1a.Definitions.(a) For purposes of this section, the following terms have the
13.19given meanings.
13.20 (b) "Board" means the Campaign Finance and Public Disclosure Board established in
13.21chapter 10A.
13.22 (c) "Covered entity" has the meaning given in section 10A.01, subdivision 9b.
13.23 (d) "Original funds" has the meaning given in section 10A.01, subdivision 26c.
13.24 (e) "Traceable funds" has the meaning given in section 10A.01, subdivision 36a.
13.25Sec. 17. Minnesota Statutes 2024, section 211B.04, subdivision 2, is amended to read:
13.26 Subd. 2.Independent expenditures.(a) The required form of the disclaimer on a written
13.27independent expenditure is: "This is an independent expenditure prepared and paid for by
13.28....... (name of entity participating in the expenditure), ....... (address). It is not coordinated
13.29with or approved by any candidate nor is any candidate responsible for it." The address
13.30must be either the entity's mailing address or the entity's website, if the website includes
13.31the entity's mailing address. When a written independent expenditure is produced and
13.32disseminated without cost, the words "and paid for" may be omitted from the disclaimer.
13Sec. 17.
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
14.2independent expenditure is paid for by ....... (name of entity participating in the expenditure).
14.3It is not coordinated with or approved by any candidate nor is any candidate responsible
14.4for it." When a broadcast independent expenditure is produced and disseminated without
14.5cost, the following disclaimer may be used: "....... (name of entity participating in the
14.6expenditure) is responsible for the contents of this independent expenditure. It is not
14.7coordinated with or approved by any candidate nor is any candidate responsible for it."
14.8 (c) As provided in subdivision 2a, if there are donors who directly or indirectly donated
14.9$10,000 or more in original funds during the election cycle segment, in addition to the
14.10requirements in paragraphs (a) and (b), the disclaimer must include the names of the top
14.11three highest donors over $10,000 as of when the text is finalized. The required form of the
14.12disclaimer is: "The following persons are the top three donors who helped pay for this
14.13message: ....... (names of donors). More information may be found at ....... (link to the
14.14committee's web page on the Board's website)." As an alternative to providing the full
14.15address to the committee's page on the board's website, the disclaimer may instead use a
14.16different method that is commonly used to provide a shortcut to a specific web page.
14.17Sec. 18. Minnesota Statutes 2024, section 211B.04, is amended by adding a subdivision
14.18to read:
14.19 Subd. 2a.Top three donors.(a) For purposes of subdivisions 1 and 2, the top three
14.20donors must be determined by calculating the three donors of traceable funds that have
14.21contributed the most original funds, directly or indirectly, during the election cycle to the
14.22covered entity or, if the covered entity is a political fund, the most original funds to the
14.23general treasury of that political committee.
14.24 (b) Contributions of traceable funds made in prior election cycles shall be considered
14.25to have been contributed in the current election cycle if the contributor's aggregate
14.26contributions of original funds to the covered entity constituted more than one-half of the
14.27covered entity's traceable funds at the start of the election cycle segment or, if the reporting
14.28person is a political committee, the contributor's aggregate contributions to the general
14.29treasury of that political committee constituted more than one-half of the funds in that
14.30treasury at the start of the election cycle.
14.31 (c) If multiple contributors have contributed identical amounts so that there is no
14.32difference in contributed amounts between the third-highest contributor and the
14.33fourth-highest, or lower, the contributor who most recently contributed to the covered entity
14.34shall be deemed a top three donor.
14Sec. 18.
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
15.2aggregate contributions of original funds during the election cycle to the covered entity are
15.3less than $10,000.
15.4 (e) To the extent that fewer than three contributors meet the $10,000 threshold in
15.5paragraph (d), an intermediary who transferred, directly or indirectly, more than $10,000
15.6of traceable funds to the covered entity during the election cycle shall be treated as the
15.7original source of funds for purposes of the disclaimer required by this section.
15.8 Sec. 19. Minnesota Statutes 2024, section 211B.04, is amended by adding a subdivision
15.9to read:
15.10 Subd. 6.Campaign Finance and Public Disclosure Board.The board's website must
15.11have a separate web page for each committee that provides the information required by
15.12subdivisions 1 and 2. The board must provide each committee with a simple link to that
15.13committee's specific web page.
15.14Sec. 20. PUBLIC AWARENESS PROMOTION.
15.15 The Campaign Finance and Public Disclosure Board must promote public awareness of
15.16this law and the ability of the public to use the board's website to find information about
15.17the original source of campaign contributions and contributors. The board must make
15.18available on its website instructions on how to use the website databases.
15.19Sec. 21. APPROPRIATION.
15.20 $....... in fiscal year 2025 is appropriated from the general fund to the Campaign Finance
15.21and Public Disclosure Board to implement the requirements of this act. This appropriation
15.22does not cancel, but is available until June 30, 2026.
15.23 EFFECTIVE DATE.This section is effective the day following final enactment.
15.24Sec. 22. REVISOR INSTRUCTION.
15.25 The revisor must renumber the subdivisions in Minnesota Statutes, section 10A.01, so
15.26that the definitions appear in alphabetical order. The revisor must correct all cross-references.
15.27Sec. 23. EFFECTIVE DATE.
15.28 This act is effective January 1, 2026, unless otherwise stated.
15Sec. 23.
25-01494 as introduced01/24/25 REVISOR JFK/MI