as introduced - 93rd Legislature (2023 - 2024) Posted on 02/08/2023 10:20am
A bill for an act
relating to elections; modifying provisions related to voter registration; absentee
voting; requiring voting instructions, sample ballots, and election judges to be
multilingual in certain situations; regulating intimidation, deceptive practices, and
interference with voter registration and voting; campaign finance; establishing a
Democracy Dollar coupon program; repealing the political contribution refund
program; expanding the definition of express advocacy; providing penalties;
requiring reports; amending Minnesota Statutes 2022, sections 10A.01, subdivisions
11, 16a; 10A.02, subdivision 13; 10A.15, subdivision 1; 10A.20, subdivision 3;
10A.27, subdivision 11; 10A.34, subdivision 4; 13.607, by adding a subdivision;
201.014, by adding a subdivision; 201.054, subdivisions 1, 2; 201.061, by adding
a subdivision; 201.071, subdivision 1; 201.091, subdivision 4; 201.161; 201.162;
203B.04, subdivision 5; 203B.06, subdivisions 1, 3; 203B.121, subdivision 2;
204C.10; 211B.15, subdivisions 1, 7, 7b, by adding subdivisions; 211B.32,
subdivision 1; 289A.37, subdivision 2; 289A.50, subdivision 1; 290.01, subdivision
6; 609.165, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 201; 204B; 211B; 243; proposing coding for new law as Minnesota
Statutes, chapter 10B; repealing Minnesota Statutes 2022, sections 13.4967,
subdivision 2; 290.06, subdivision 23.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 13.607, is amended by adding a subdivision
to read:
new text begin
Any data transferred to the secretary of state regarding
applicants who are determined ineligible to register to vote is governed by section 201.161.
new text end
Minnesota Statutes 2022, section 201.014, is amended by adding a subdivision to
read:
new text begin
An individual convicted
of a felony has the civil right to vote restored when the individual is no longer incarcerated
for the felony conviction, or upon sentencing if no incarceration is imposed. If the individual
is later incarcerated for the same offense, the individual's civil right to vote is lost only
during the period of incarceration.
new text end
Minnesota Statutes 2022, section 201.054, subdivision 1, is amended to read:
new text begin (a) new text end An individual may register to vote:
(1) at any time before the 20th day preceding any election as provided in section 201.061,
subdivision 1;
(2) on the day of an election as provided in section 201.061, subdivision 3; or
(3) when submitting an absentee ballot, by enclosing a completed registration application
as provided in section 203B.04, subdivision 4.
new text begin
(b) An individual who is under the age of 18, but who is at least 16 years of age and
otherwise eligible, may submit a voter registration application as provided in section 201.061,
subdivisions 1 and 1b.
new text end
Minnesota Statutes 2022, section 201.054, subdivision 2, is amended to read:
No individual shall intentionally:
(1) cause or attempt to cause the individual's name to be registered in any precinct if the
individual is not eligible to votenew text begin , except as permitted by section 201.061, subdivision 1bnew text end ;
(2) cause or attempt to cause the individual's name to be registered for the purpose of
voting in more than one precinct;
(3) misrepresent the individual's identity when attempting to register to vote; or
(4) aid, abet, counsel, or procure any other individual to violate this subdivision.
A violation of this subdivision is a felony.
Minnesota Statutes 2022, section 201.061, is amended by adding a subdivision to
read:
new text begin
An individual who is under the age of 18, but who is at least
16 years of age and meets all requirements for eligibility in section 201.014, except for age,
may submit a voter registration application or be automatically registered under section
201.161 at the address in which the voter maintains residence pursuant to subdivision 1.
Nothing in this section shall be construed to entitle an individual to appear on a polling
place roster or cast a ballot at an election if the individual does not meet all eligibility
requirements for voting, including age.
new text end
Minnesota Statutes 2022, section 201.071, subdivision 1, is amended to read:
Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number;new text begin a box to indicate a voter's preference
to join the permanent absentee voter list;new text end and voter's signature. The paper registration
application may include the voter's email address, if provided by the voter. The electronic
voter registration application must include the voter's email address. The registration
application may include the voter's interest in serving as an election judge, if indicated by
the voter. The application must also contain the following certification of voter eligibility:
"I certify that I:
(1) deleted text begin will be at least 18 years old on election daydeleted text end new text begin am at least 16 years old and understand
that I must be at least 18 years old to be eligible to votenew text end ;
(2) am a citizen of the United States;
(3) will have resided in Minnesota for 20 days immediately preceding election day;
(4) maintain residence at the address given on the registration form;
(5) am not under court-ordered guardianship in which the court order revokes my right
to vote;
(6) have not been found by a court to be legally incompetent to vote;
(7) deleted text begin have the right to vote because, if I have been convicted of a felony, my felony sentence
has expired (been completed) or I have been discharged from my sentencedeleted text end new text begin am not currently
incarcerated for a conviction of a felony offensenew text end ; and
(8) have read and understand the following statement: that giving false information is a
felony punishable by not more than five years imprisonment or a fine of not more than
$10,000, or both."
The certification must include boxes for the voter to respond to the following questions:
"(1) Are you a citizen of the United States?" and
"(2) deleted text begin Will you be 18 years old on or before election daydeleted text end new text begin Are you at least 16 years old and
will you be at least 18 years old on or before the day of the election in which you intend to
votenew text end ?"
And the instruction:
"If you checked 'no' to either of these questions, do not complete this form."
The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.
An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.
Minnesota Statutes 2022, section 201.091, subdivision 4, is amended to read:
The county auditor shall make available for inspection
a public information list which must contain the name, address, year of birth, and voting
history of each registered voter in the county. new text begin Data on applicants submitted pursuant to
section 201.061, subdivision 1b, are not part of the public information list until the voter is
registered or has voting history. new text end The list must not include the party choice of any voter who
voted in a presidential nomination primary. The telephone number must be included on the
list if provided by the voter. The public information list may also include information on
voting districts. The county auditor may adopt reasonable rules governing access to the list.
No individual inspecting the public information list shall tamper with or alter it in any
manner. No individual who inspects the public information list or who acquires a list of
registered voters prepared from the public information list may use any information contained
in the list for purposes unrelated to elections, political activities, or law enforcement. The
secretary of state may provide copies of the public information lists and other information
from the statewide registration system for uses related to elections, political activities, or
in response to a law enforcement inquiry from a public official concerning a failure to
comply with any criminal statute or any state or local tax statute.
Before inspecting the public information list or obtaining a list of voters or other
information from the list, the individual shall provide identification to the public official
having custody of the public information list and shall state in writing that any information
obtained from the list will not be used for purposes unrelated to elections, political activities,
or law enforcement. Requests to examine or obtain information from the public information
lists or the statewide registration system must be made and processed in the manner provided
in the rules of the secretary of state.
Upon receipt of a statement signed by the voter that withholding the voter's name from
the public information list is required for the safety of the voter or the voter's family, the
secretary of state and county auditor must withhold from the public information list the
name of a registered voter.
Minnesota Statutes 2022, section 201.161, is amended to read:
new text begin
(a) Except as otherwise provided in this section,
an individual must be registered to vote if the individual is eligible to vote under section
201.014 and properly completes and submits one of the following applications, if the
application includes documentation or verification of United States citizenship or records
reflect that the applicant provided proof of citizenship during a previous agency transaction:
new text end
new text begin
(1) an application for a new or renewed Minnesota driver's license, instruction permit,
or identification card;
new text end
new text begin
(2) an initial or renewal application for medical assistance under chapter 256B or
MinnesotaCare under chapter 256L; or
new text end
new text begin
(3) an application for benefits or services to a state agency participating under subdivision
5.
new text end
new text begin
(b) If a registered voter supplies a different name or address as part of an application
under this subdivision from the name and address in the voter registration record, the
registrant's voter registration record shall be updated to reflect the name or address
information provided.
new text end
new text begin
(a) After an individual submits an application qualifying
for registration under this section, the individual must be promptly provided, by mail, a
notice that provides an opportunity to decline the registration. The secretary of state may
prescribe the form and content of this notice. An individual must not be registered if the
individual declines to be registered within 20 days of submitting the application. An otherwise
eligible individual who declines to register must be offered a new registration opportunity
with each qualifying application submitted under subdivision 1.
new text end
new text begin
(b) After an individual submits an application qualifying for a registration update under
subdivision 1, paragraph (b), the individual must be promptly provided, by mail, a notice
that provides an opportunity to decline the change of registration information. The secretary
of state may prescribe the form and content of this notice. If the registrant returns the notice
within 20 days and declines the change of information, the appropriate county auditors,
including the county auditor of the registrant's original county of residence, shall immediately
correct the registrant's previously updated information and restore the registrant's previous
registration information.
new text end
new text begin (a) new text end The deleted text begin Departmentdeleted text end new text begin commissionernew text end of public
safety deleted text begin shalldeleted text end new text begin , in consultation with the secretary of state, mustnew text end change deleted text begin itsdeleted text end new text begin thenew text end applications for
an original, duplicate, or change of address driver's licensenew text begin , instruction permit,new text end or
identification card so that deleted text begin the forms may also serve as voter registration applications. The
forms must contain spaces for all information collected by voter registration applications
prescribed by the secretary of state. Applicants for driver's licenses or identification cards
must be asked if they want to register to vote at the same time and that information must
be transmitted at least weeklydeleted text end new text begin any forms where applicants may provide documentation of
United States citizenship contain spaces for all information required to register to vote, as
prescribed by the secretary of state. Unless the applicant has provided an address other than
the applicant's address of residence under section 171.12, subdivision 7, paragraph (d), the
commissioner must transmit the information dailynew text end by electronic means to the secretary of
state. Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the computerized
driver's license record containing the voter's name, address, date of birth,new text begin citizenship,new text end driver's
license number or state identification number, county, deleted text begin town,deleted text end and citynew text begin or townnew text end must be made
available for access by the secretary of state and interaction with the statewide voter
registration system.new text begin At least monthly, the commissioner must submit data to the secretary
of state identifying the total number of individuals that completed qualifying transactions
under this section and the total number of individuals whose records were ultimately
transferred for registration. The secretary of state must publish a monthly report of this data.
new text end
new text begin
(b) An applicant's information must not be transmitted to the secretary of state unless
the applicant provides documentation of United States citizenship or records maintained by
the Department of Public Safety indicate that the applicant provided documentation
demonstrating United States citizenship as part of a previous license or identification card
transaction. If the applicant does not provide or has not previously provided documentation
of United States citizenship, the commissioner must provide information during the
transaction regarding voter registration and eligibility criteria. If the applicant provides
documentation during the transaction indicating that the applicant is not a United States
citizen, no opportunity to register to vote shall be given.
new text end
new text begin
(c) No applicant may be registered to vote under this subdivision until the commissioner
of public safety has certified that the department's systems have been tested and can
accurately provide the required data, and the secretary of state has certified that the system
for automatic registration of those applicants has been tested and is capable of properly
determining whether an applicant is eligible to vote. The department's systems must be
tested and accurately provide the necessary data no later than December 1, 2023.
new text end
new text begin
(d) For purposes of this section, "driver's license" includes any instruction permit,
provisional license, limited license, restricted license, or operator's permit issuable by the
commissioner of public safety under chapter 171.
new text end
new text begin
(a) Subject to compliance with all applicable
federal laws and regulations, the commissioner of human services, in consultation with the
secretary of state, must ensure the applications described in subdivision 1, paragraph (a),
clause (2), also serve as voter registration applications for any individual whose name
appears on the application and who has presented documentary proof of United States
citizenship. The applications must contain spaces for all information required to register to
vote, as prescribed by the secretary of state. The commissioner must transmit information
daily by electronic means to the secretary of state for an individual whose United States
citizenship has been verified. At least monthly, the commissioner must submit data to the
secretary of state identifying the total number of individuals who completed qualifying
transactions under this section and the total number of individuals whose records were
ultimately transferred for registration.
new text end
new text begin
(b) No applicant may be registered to vote under this subdivision until (1) the
commissioner of human services has certified that the department's systems have been tested
and can accurately provide the required data and (2) the secretary of state has certified that
the system for automatic registration of those applicants has been tested and is capable of
properly determining whether an applicant is eligible to vote. The department's systems
must be tested and accurately provide the necessary data no later than December 1, 2023.
new text end
new text begin
(a) The governor shall make a
decision, in consultation with the secretary of state, as to whether any other state agency
must implement automatic voter registration. A state agency must be considered if the
agency collects, processes, or stores the following information as part of providing assistance
or services: name, residential address, date of birth, citizenship verification, and signature.
A qualifying agency must submit a report to the governor and secretary of state no later
than December 1, 2024, describing steps needed to implement automatic voter registration,
barriers to implementation and ways to mitigate them, and applicable federal and state
privacy protections for voter registration information. The final decision must be made by
June 1, 2025, and is at the governor's sole discretion.
new text end
new text begin
(b) No applicant may be registered to vote under this subdivision until the agency's
commissioner, or the administrative head of the local or Tribal government, has certified
that the necessary systems have been tested and can accurately provide the required data,
and the secretary of state has certified that the system for automatic registration of those
applicants has been tested and is capable of properly determining whether an applicant is
eligible to vote.
new text end
new text begin
(a) The secretary of state must determine whether an applicant
whose information is submitted under this section is currently registered in the statewide
voter registration system. For each currently registered voter for whom the information
transmitted pursuant to subdivision 2 contains the same name and address as the information
contained in the statewide voter registration system, the secretary of state must update the
voter's registration date in the statewide voter registration system. For those whom the
information transmitted pursuant to subdivision 2 contains a name or address different from
the information contained in the statewide voter registration system, the secretary of state
must transmit the registration daily by electronic means to the county auditor of the county
where the voter resides and, if applicable, the county auditor of the county of the voter's
previous residence.
new text end
new text begin
(b) If the applicant is not currently registered in the statewide voter registration system,
the secretary of state must determine whether the applicant is 18 years of age or older and
a citizen of the United States. The secretary of state must also compare the voter registration
information received under section 201.145 to determine whether the applicant is eligible
to vote. If an applicant is less than 18 years of age, the secretary of state must wait until the
applicant has turned 18 years of age to determine whether the applicant is eligible to vote.
For each applicant the secretary of state determines is an eligible voter, the secretary of state
must transmit the registration daily by electronic means to the county auditor of the county
where the voter resides.
new text end
new text begin
(c) Any data regarding applicants who the secretary determines are not eligible to vote
are private data on individuals, as defined in section 13.02, subdivision 12.
new text end
new text begin
(d) The county auditor must cancel the voter's record in the statewide voter registration
system upon receipt of a written request, signed by the voter, that the registration be removed.
new text end
new text begin
Upon receipt of the registration information, the county auditor must
provide to the voter the appropriate notice of registration or registration update required by
subdivision 2. A notice mailed under this subdivision must include information on declining
the registration or registration update within the period authorized by subdivision 2. The
secretary of state may adopt rules prescribing the notices required by this subdivision.
new text end
new text begin
For
purposes of section 201.054, subdivision 2, the transfer of an individual's record under this
section does not constitute an attempt to register to vote. An individual who is not entitled
to vote but becomes registered to vote pursuant to this section and votes or attempts to vote
in an election held after the effective date of the person's registration may assert the method
of the individual's registration as an affirmative defense. This subdivision does not apply
to an individual who knowingly and willfully makes a false statement to effectuate voter
registration or who intentionally takes voluntary action to register to vote or vote knowing
of the individual's ineligibility to vote.
new text end
new text begin
Unless the applicant declines registration, the
effective date of the registration is 20 days after the date of qualifying application under
subdivision 1. This subdivision does not limit the ability of a person to register to vote on
election day as provided in section 201.061, subdivision 3. Any person who submits a
qualifying application under subdivision 1 that is dated during the 20 days before an election
shall be provided, at the time of application, with a notice advising the applicant of the
procedures to register to vote on election day.
new text end
new text begin
This section is effective July 1, 2023.
new text end
Minnesota Statutes 2022, section 201.162, is amended to read:
The commissioner or chief administrative officer of each state agency or
community-based public agency or nonprofit corporation that contracts with the state agency
to carry out obligations of the state agency shall provide voter registration services for
employees and the publicnew text begin , including, as applicable, automatic voter registration or information
on voter eligibility and registration procedures as required under section 201.161new text end . A person
may complete a voter registration application or apply to change a voter registration name
or address if the person has the proper qualifications on the date of application. Nonpartisan
voter registration assistance, including routinely asking members of the public served by
the agency whether they would like to register to vote and, if necessary, assisting them in
preparing the registration forms must be part of the job of appropriate agency employees.
new text begin
This section is effective July 1, 2023.
new text end
new text begin
The secretary of state shall develop accurate and complete information in a single
publication about the voting rights of people who have been charged with or convicted of
a crime. This publication must be made available electronically to the state court administrator
for distribution to judges, court personnel, probation officers, and the commissioner of
corrections for distribution to corrections officials, parole and supervised release agents,
and the public.
new text end
Minnesota Statutes 2022, section 203B.04, subdivision 5, is amended to read:
(a) An eligible voter may apply to a county
auditor or municipal clerk to automatically receive an absentee ballot deleted text begin applicationdeleted text end before
each election, other than an election by mail conducted under section 204B.45, and to have
the status as a permanent absentee voter indicated on the voter's registration record. An
eligible voter listed as an ongoing absentee voter as of July 31, 2013, pursuant to laws in
effect on that date, shall be treated as if the voter applied for status as a permanent absentee
voter pursuant to this subdivision.
(b) A voter who applies under paragraph (a) must automatically be provided an absentee
ballot deleted text begin applicationdeleted text end for each eligible election. A voter's permanent absentee status ends and
automatic ballot deleted text begin applicationdeleted text end delivery must be terminated on:
(1) the voter's written request;
(2) the voter's death;
(3) return of an absentee ballot as undeliverable; or
(4) a change in the voter's status to "challenged" or "inactive" in the statewide voter
registration system.
(c) The secretary of state shall adopt rules governing procedures under this subdivision.
new text begin
(d) This subdivision does not apply to a voter residing in a jurisdiction that conducts
elections entirely by mail under section 204B.45.
new text end
Minnesota Statutes 2022, section 203B.06, subdivision 1, is amended to read:
Each county auditor and municipal
clerk shall prepare and print a sufficient number of blank application forms for absentee
ballots. The county auditor or municipal clerk shall deliver a blank application form to any
voter who requests one pursuant to section 203B.04. deleted text begin Blank application forms must be mailed
to eligible voters who have requested an application pursuant to section 203B.04, subdivision
5, at least 60 days before:
deleted text end
deleted text begin
(1) each regularly scheduled primary for federal, state, county, city, or school board
office;
deleted text end
deleted text begin
(2) each regularly scheduled general election for city or school board office for which
a primary is not held; and
deleted text end
deleted text begin
(3) a special primary to fill a federal or county office vacancy or special election to fill
a federal or county office vacancy, if a primary is not required to be held pursuant to section
204D.03, subdivision 3, or 204D.07, subdivision 3; and
deleted text end
deleted text begin
(4) any election held in conjunction with an election described in clauses (1) to (3);
deleted text end
deleted text begin
or at least 45 days before any other primary or other election for which a primary is not
held.
deleted text end
Minnesota Statutes 2022, section 203B.06, subdivision 3, is amended to read:
(a) new text begin The county auditor or municipal clerk, or full-time
clerk of any city or town administering an election pursuant to section 203B.05, shall mail
absentee ballots to voters on the permanent absentee ballot list pursuant to section 203B.04,
subdivision 5, on the following timelines:
new text end
new text begin
(1) at least 46 days before:
new text end
new text begin
(i) each regularly scheduled primary or general election for federal, state, county, city,
or school board office; and
new text end
new text begin
(ii) each special primary or special election to fill a federal, state, county, city, or school
board vacancy; and
new text end
new text begin
(2) town clerks administering absentee ballots for a town general election held in March
shall deliver absentee ballots at least 30 days before the election.
new text end
new text begin (b) new text end The commissioner of corrections must provide the secretary of state with a list of
the names and mailing addresses of state adult correctional facilities. An application for an
absentee ballot that provides an address included on the list provided by the commissioner
of corrections must not be accepted and an absentee ballot must not be provided to the
applicant. The county auditor or municipal clerk must promptly transmit a copy of the
application to the county attorney. The Department of Corrections must implement procedures
to ensure that absentee ballots issued under this chapter are not received or mailed by
offenders incarcerated at state adult correctional facilities.
deleted text begin (b)deleted text end new text begin (c)new text end If an application for absentee ballots is accepted at a time when absentee ballots
are not yet available for distribution, the county auditor, or municipal clerk accepting the
application shall file it and as soon as absentee ballots are available for distribution shall
mail them to the address specified in the application. If an application for absentee ballots
is accepted when absentee ballots are available for distribution, the county auditor or
municipal clerk accepting the application shall promptly:
(1) mail the ballots to the voter whose signature appears on the application if the
application is submitted by mail and does not request commercial shipping under clause
(2);
(2) ship the ballots to the voter using a commercial shipper requested by the voter at the
voter's expense;
(3) deliver the absentee ballots directly to the voter if the application is submitted in
person; or
(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has been
designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a voter
who would have difficulty getting to the polls because of incapacitating health reasons, or
who is disabled, or who is a patient in a health care facility, a resident of a facility providing
assisted living services governed by chapter 144G, a participant in a residential program
for adults licensed under section 245A.02, subdivision 14, or a resident of a shelter for
battered women as defined in section 611A.37, subdivision 4.
deleted text begin (c)deleted text end new text begin (d)new text end If an application does not indicate the election for which absentee ballots are
sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the
next election occurring after receipt of the application. Only one set of ballots may be mailed,
shipped, or delivered to an applicant for any election, except as provided in section 203B.121,
subdivision 2, or when a replacement ballot has been requested by the voter for a ballot that
has been spoiled or lost in transit.
Minnesota Statutes 2022, section 203B.121, subdivision 2, is amended to read:
(a) The members of the ballot board
shall take possession of all signature envelopes delivered to them in accordance with section
203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk,
two or more members of the ballot board shall examine each signature envelope and shall
mark it accepted or rejected in the manner provided in this subdivision. Election judges
performing the duties in this section must be of different major political parties, unless they
are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10,
subdivision 2.
(b) The members of the ballot board shall mark the signature envelope "Accepted" and
initial or sign the signature envelope below the word "Accepted" if a majority of the members
of the ballot board examining the envelope are satisfied that:
(1) the voter's name and address on the signature envelope are the same as the information
provided on the absentee ballot applicationnew text begin or voter recordnew text end ;
(2) the voter signed the certification on the envelope;
(3) the voter's Minnesota driver's license, state identification number, or the last four
digits of the voter's Social Security number are the same as a number on the voter's absentee
ballot application or voter record. If the number does not match, the election judges must
compare the signature provided by the applicant to determine whether the ballots were
returned by the same person to whom they were transmitted;
(4) the voter is registered and eligible to vote in the precinct or has included a properly
completed voter registration application in the signature envelope;
(5) the certificate has been completed as prescribed in the directions for casting an
absentee ballot; and
(6) the voter has not already voted at that election, either in person or, if it is after the
close of business on the seventh day before the election, by absentee ballot.
The signature envelope from accepted ballots must be preserved and returned to the
county auditor.
(c)(1) If a majority of the members of the ballot board examining a signature envelope
find that an absentee voter has failed to meet one of the requirements provided in paragraph
(b), they shall mark the signature envelope "Rejected," initial or sign it below the word
"Rejected," list the reason for the rejection on the envelope, and return it to the county
auditor. There is no other reason for rejecting an absentee ballot beyond those permitted by
this section. Failure to place the ballot within the secrecy envelope before placing it in the
outer white envelope is not a reason to reject an absentee ballot.
(2) If an envelope has been rejected at least five days before the election, the envelope
must remain sealed and the official in charge of the ballot board shall provide the voter with
a replacement absentee ballot and signature envelope in place of the rejected ballot.
(3) If an envelope is rejected within five days of the election, the envelope must remain
sealed and the official in charge of the ballot board must attempt to contact the voter by
telephone or email to notify the voter that the voter's ballot has been rejected. The official
must document the attempts made to contact the voter.
(d) The official in charge of the absentee ballot board must mail the voter a written notice
of absentee ballot rejection between six and ten weeks following the election. If the official
determines that the voter has otherwise cast a ballot in the election, no notice is required.
If an absentee ballot arrives after the deadline for submission provided by this chapter, the
notice must be provided between six to ten weeks after receipt of the ballot. A notice of
absentee ballot rejection must contain the following information:
(1) the date on which the absentee ballot was rejected or, if the ballot was received after
the required deadline for submission, the date on which the ballot was received;
(2) the reason for rejection; and
(3) the name of the appropriate election official to whom the voter may direct further
questions, along with appropriate contact information.
(e) An absentee ballot signature envelope marked "Rejected" may not be opened or
subject to further review except in an election contest filed pursuant to chapter 209.
Minnesota Statutes 2022, section 204C.10, is amended to read:
(a) An individual seeking to vote shall sign a polling place roster or voter signature
certificate which states that the individualnew text begin :
new text end
new text begin (1)new text end is at least 18 years of agedeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end a citizen of the United Statesdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end has resided in Minnesota for 20 days immediately preceding the electiondeleted text begin ,deleted text end new text begin ;
new text end
new text begin (4)new text end maintains residence at the address showndeleted text begin ,deleted text end new text begin ;
new text end
new text begin (5)new text end is not under a guardianship in which the court order revokes the individual's right to
votedeleted text begin ,deleted text end new text begin ;
new text end
new text begin (6)new text end has not been found by a court of law to be legally incompetent to vote deleted text begin ordeleted text end new text begin ;
new text end
new text begin (7)new text end has the right to vote because, if the individual was convicted of a felony, deleted text begin the felony
sentence has expired or been completed ordeleted text end the individual has deleted text begin been discharged from the
sentence,deleted text end new text begin completed the term of incarceration, if any, for the conviction;
new text end
new text begin (8)new text end is registerednew text begin ;new text end and
new text begin (9)new text end has not already voted in the election.
The roster must also state: "I understand that deliberately providing false information
is a felony punishable by not more than five years imprisonment and a fine of not more than
$10,000, or both."
(b) At the presidential nomination primary, the polling place roster must also state: "I
am in general agreement with the principles of the party for whose candidate I intend to
vote." This statement must appear separately from the statements required in paragraph (a).
The felony penalty provided for in paragraph (a) does not apply to this paragraph.
(c) A judge may, before the applicant signs the roster or voter signature certificate,
confirm the applicant's name, address, and date of birth.
(d) After the applicant signs the roster or voter signature certificate, the judge shall give
the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in
charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to
the voter the ballot. The voters' receipts must be maintained during the time for notice of
filing an election contest.
(e) Whenever a challenged status appears on the polling place roster, an election judge
must ensure that the challenge is concealed or hidden from the view of any voter other than
the voter whose status is challenged.
new text begin
The chief executive
officer of each state and local correctional facility shall designate an official within the
facility to provide the notice and application required under this section to a person to whom
the civil right to vote is restored by reason of the person's release from actual incarceration.
The official shall maintain an adequate supply of voter registration applications and
informational materials for this purpose.
new text end
new text begin
A notice of restoration of the civil right to vote and a
voter registration application must be provided as follows:
new text end
new text begin
(1) the chief executive officer of each state and local correctional facility shall provide
the notice and application to a person being released from the facility following incarceration
for a felony-level offense; and
new text end
new text begin
(2) a probation officer or supervised release agent shall provide the notice and application
to all individuals under correctional supervision for a felony-level offense.
new text end
new text begin
The notice required by subdivision 2 must appear substantially
as follows:
new text end
new text begin
"NOTICE OF RESTORATION OF YOUR RIGHT TO VOTE.
new text end
new text begin
Your receipt of this notice today means that your right to vote in Minnesota has been
restored. Before you can vote on election day, you still need to register to vote. To register,
you may complete a voter registration application and return it to the Office of the Minnesota
Secretary of State. You may also register to vote in your polling place on election day. You
will not be permitted to cast a ballot until you register to vote. The first time you appear at
your polling place to cast a ballot, you may be required to provide proof of your current
residence."
new text end
new text begin
A failure to provide proper notice as required by
this section does not prevent the restoration of the person's civil right to vote.
new text end
Minnesota Statutes 2022, section 609.165, subdivision 1, is amended to read:
When a person has been deprived of civil rights by reason
of conviction of a crime and is thereafter discharged, such discharge shall restore the person
to all civil rights and to full citizenship, deleted text begin with full right to vote and hold office,deleted text end the same as
if such conviction had not taken place, and the order of discharge shall so provide.
new text begin
After the effective date of this act, an election official may use existing voter registration
forms that do not comply with this act's requirements for applicants who are 18 years of
age or older at the time of registration. Applicants who are 16 years of age at the time of
registration must use an application form that meets the requirements in this act. Beginning
on the effective date of this act, an election official must not print or copy voter registration
applications that do not meet the requirements of this act.
new text end
new text begin
The secretary of state or county auditor must contract with a
translator certified by the American Translators Association to develop voting instructions
and sample ballots in languages other than English, to be made available in polling places
during elections as required by this section. At a minimum, voting instructions and sample
ballots must be prepared and made available in print, electronic, and audio-visual formats
in the Spanish, Hmong, and Somali languages.
new text end
new text begin
No later than 90 days before an
election, the secretary of state or county auditor, in consultation with the state demographer,
must determine the number of residents of voting age in each school district who are members
of a language minority and who lack sufficient skills in English to vote without assistance.
new text end
new text begin
(a) If the number of
residents determined under subdivision 2 equals three percent or more of the voting-age
residents of a district, or if interested citizens or organizations provide information that
gives the secretary of state or county auditor sufficient reason to believe a need exists, at
least two copies of the translated voting instructions and sample ballot must be provided to
each precinct in that district during any regular or special state or local election conducted
in that district.
new text end
new text begin
(b) If the number of residents determined under subdivision 2 equals 20 percent or more
of the voting-age residents of a district, or if interested citizens or organizations provide
information that gives the secretary of state or county auditor sufficient reason to believe a
need exists, at least four copies of the translated voting instructions and sample ballot must
be provided to each precinct in that district during any regular or special state or local
election conducted in that district. In these precincts, at least one election judge appointed
under section 204B.22 must be certified by the American Translators Association to translate
in a specified language if ten or more registered voters in the precinct file a request for
interpretive services for that language with the secretary of state or county auditor at least
30 days prior to the date of the election. This election judge must wear a name tag or other
badge indicating the election judge's language certification.
new text end
new text begin
The translated voting instructions and
sample ballots required by this section must be made available for use by voters as a reference
when completing and casting an official ballot. In addition to the number of copies required,
at least one sample ballot and set of instructions in each applicable language, along with a
notice written in that language indicating the availability of those materials, must be posted
in a conspicuous location in each polling place.
new text end
new text begin
(a) A person may not directly or indirectly use or threaten
force, coercion, violence, restraint, damage, harm, or loss, including loss of employment
or economic reprisal against:
new text end
new text begin
(1) an individual with the intent to compel an individual to register or abstain from
registering to vote, vote or abstain from voting, or vote for or against a candidate or ballot
question; or
new text end
new text begin
(2) any person with the intent to impede that person's efforts to encourage another to
cast a ballot or assist another in registering to vote, traveling to a polling place, casting a
ballot, or participating in any other aspect of the election process.
new text end
new text begin
(b) Notwithstanding paragraph (a), in a civil action brought to prevent and restrain
violations of this subdivision or to require the payment of civil penalties, the moving party
may show that the action or attempted action would cause a reasonable person to feel
intimidated. The moving party does not need to show that the actor intended to cause the
victim to feel intimidated.
new text end
new text begin
(a) No person may, within 60 days of an election, cause
information to be transmitted by any means that the person:
new text end
new text begin
(1) intends to impede or prevent another person from exercising the right to vote; and
new text end
new text begin
(2) knows to be materially false.
new text end
new text begin
(b) The prohibition in this subdivision includes but is not limited to information regarding
the time, place, or manner of holding an election; the qualifications for or restrictions on
voter eligibility at an election; and threats to physical safety associated with casting a ballot.
new text end
new text begin
No person may intentionally hinder,
interfere with, or prevent another person from voting, registering to vote, or aiding another
person in casting a ballot or registering to vote.
new text end
new text begin
A person may be held vicariously liable for
any damages resulting from the violation of this section and may be identified in an order
restraining violations of this section if that person:
new text end
new text begin
(1) intentionally aids, advises, hires, counsels, abets, incites, compels, or coerces a person
to violate any provision of this section or attempts to aid, advise, hire, counsel, abet, incite,
compel, or coerce a person to violate any provision of this section; or
new text end
new text begin
(2) conspires, combines, agrees, or arranges with another to either commit a violation
of this section or aid, advise, hire, counsel, abet, incite, compel, or coerce a third person to
violate any provision of this section.
new text end
new text begin
(a) A person who violates this section is
guilty of a gross misdemeanor.
new text end
new text begin
(b) The attorney general or an election official may bring a civil action to prevent or
restrain a violation of this section if there is a reasonable basis to believe that an individual
or entity is committing or intends to commit a prohibited act.
new text end
new text begin
(c) The attorney general, or an election official injured by an act prohibited by this
section, may bring a civil action pursuant to section 8.31 to recover damages, together with
costs of investigation and reasonable attorney fees, and receive other equitable relief as
determined by the court. An action brought by an election official under section 8.31,
subdivision 3a, is in the public interest. In addition to all other damages, the court may
impose a civil penalty of up to $1,000 for each violation.
new text end
new text begin
(d) Civil remedies allowable under this section are cumulative and do not restrict any
other right or remedy otherwise available. An action for a penalty or remedy under this
section must be brought within two years of the date the violation is alleged to have occurred.
The complaint process provided in sections 211B.31 to 211B.36 does not apply to violations
of this section.
new text end
Minnesota Statutes 2022, section 211B.32, subdivision 1, is amended to read:
(a) Except as provided in deleted text begin paragraphdeleted text end new text begin
paragraphsnew text end (b)new text begin and (c)new text end , a complaint alleging a violation of chapter 211A or 211B must be
filed with the office. The complaint must be finally disposed of by the office before the
alleged violation may be prosecuted by a county attorney.
(b) Complaints arising under those sections and related to those individuals and
associations specified in section 10A.022, subdivision 3, must be filed with the Campaign
Finance and Public Disclosure Board.
new text begin
(c) Violations of section 211B.075 may be enforced as provided in that section.
new text end
Minnesota Statutes 2022, section 10A.01, subdivision 11, is amended to read:
(a) "Contribution" means money, a negotiable instrument,new text begin a
Democracy Dollar coupon redemption under chapter 10B,new text end or a donation in kind that is given
to a political committee, political fund, principal campaign committee, local candidate, or
party unit. An allocation by an association of general treasury money to be used for activities
that must be or are reported through the association's political fund is considered to be a
contribution for the purposes of disclosure required by this chapter.
(b) "Contribution" includes a loan or advance of credit to a political committee, political
fund, principal campaign committee, local candidate, or party unit, if the loan or advance
of credit is: (1) forgiven; or (2) repaid by an individual or an association other than the
political committee, political fund, principal campaign committee, local candidate, or party
unit to which the loan or advance of credit was made. If an advance of credit or a loan is
forgiven or repaid as provided in this paragraph, it is a contribution in the year in which the
loan or advance of credit was made.
(c) "Contribution" does not include services provided without compensation by an
individual volunteering personal time on behalf of a candidate, local candidate, ballot
question, political committee, political fund, principal campaign committee, or party unit;
the publishing or broadcasting of news items or editorial comments by the news media; or
an individual's unreimbursed personal use of an automobile owned by the individual while
volunteering personal time.
Minnesota Statutes 2022, section 10A.01, subdivision 16a, is amended to read:
"Expressly advocating" means that a communicationnew text begin :
new text end
new text begin (1)new text end clearly identifies a candidate or a local candidate and uses words or phrases of express
advocacynew text begin ; or
new text end
new text begin
(2) when taken as a whole and with limited reference to external events, such as the
proximity to the election, could only be interpreted by a reasonable person as containing
advocacy of the election or defeat of one or more clearly identified candidates because:
new text end
new text begin
(i) the electoral portion of the communication is unmistakable, unambiguous, and
suggestive of only one meaning; and
new text end
new text begin (ii) reasonable minds could not differ as to whether the communication encourages
actions to elect or defeat one or more clearly identified candidates or encourages some other
kind of actionnew text end .
Minnesota Statutes 2022, section 10A.02, subdivision 13, is amended to read:
(a) Chapter 14 applies to the board. The board may adopt rules to carry
out the purposes of this chapternew text begin and chapter 10Bnew text end .
(b) In addition to the notice required under chapter 14, the board shall notify the chairs
and ranking minority members of the committees or subcommittees in the senate and house
of representatives with primary jurisdiction over elections within seven calendar days of
taking the following actions:
(1) publication of a notice of intent to adopt rules or a notice of hearing;
(2) publication of proposed rules in the State Register;
(3) issuance of a statement of need and reasonableness; or
(4) adoption of final rules.
Minnesota Statutes 2022, section 10A.15, subdivision 1, is amended to read:
A political committee, political fund, principal
campaign committee, or party unit may not retain an anonymous contribution in excess of
$20, but must forward it to the board for deposit in the general account of the state elections
campaign account.new text begin An anonymous contribution is not an eligible contribution for purposes
of qualifying for the Democracy Dollar coupon program established in chapter 10B.
new text end
Minnesota Statutes 2022, section 10A.20, subdivision 3, is amended to read:
(a) The report required by this section must include each
of the items listed in paragraphs (b) to deleted text begin (q)deleted text end new text begin (r)new text end that are applicable to the filer. The board shall
prescribe forms based on filer type indicating which of those items must be included on the
filer's report.
(b) The report must disclose the amount of liquid assets on hand at the beginning of the
reporting period.
(c) The report must disclose the name, address, employer, or occupation if self-employed,
and registration number if registered with the board, of each individual or association that
has made one or more contributions to the reporting entity, including the purchase of tickets
for a fundraising effort, that in aggregate within the year exceed $200 for legislative or
statewide candidates or more than $500 for ballot questions, together with the amount and
date of each contribution, and the aggregate amount of contributions within the year from
each source so disclosed. A donation in kind must be disclosed at its fair market value. An
approved expenditure must be listed as a donation in kind. A donation in kind is considered
consumed in the reporting period in which it is received. The names of contributors must
be listed in alphabetical order. Contributions from the same contributor must be listed under
the same name. When a contribution received from a contributor in a reporting period is
added to previously reported unitemized contributions from the same contributor and the
aggregate exceeds the disclosure threshold of this paragraph, the name, address, and
employer, or occupation if self-employed, of the contributor must then be listed on the
report.
(d) new text begin The report must disclose the aggregate number and value of all Democracy Dollar
coupons redeemed for a contribution under chapter 10B by the reporting entity during the
reporting period.
new text end
new text begin (e) new text end The report must disclose the sum of contributions to the reporting entity during the
reporting period.
deleted text begin (e)deleted text end new text begin (f)new text end The report must disclose each loan made or received by the reporting entity within
the year in aggregate in excess of $200, continuously reported until repaid or forgiven,
together with the name, address, occupation, principal place of business, if any, and
registration number if registered with the board of the lender and any endorser and the date
and amount of the loan. If a loan made to the principal campaign committee of a candidate
is forgiven or is repaid by an entity other than that principal campaign committee, it must
be reported as a contribution for the year in which the loan was made.
deleted text begin (f)deleted text end new text begin (g)new text end The report must disclose each receipt over $200 during the reporting period not
otherwise listed under paragraphs (c) to deleted text begin (e)deleted text end new text begin (f)new text end .
deleted text begin (g)deleted text end new text begin (h)new text end The report must disclose the sum of all receipts of the reporting entity during the
reporting period.
deleted text begin (h)deleted text end new text begin (i)new text end The report must disclose the name, address, and registration number if registered
with the board of each individual or association to whom aggregate expenditures, approved
expenditures, independent expenditures, and ballot question expenditures have been made
by or on behalf of the reporting entity within the year in excess of $200, together with the
amount, date, and purpose of each expenditure, including an explanation of how the
expenditure was used, and the name and address of, and office sought by, each candidate
or local candidate on whose behalf the expenditure was made, identification of the ballot
question that the expenditure was intended to promote or defeat and an indication of whether
the expenditure was to promote or to defeat the ballot question, and in the case of independent
expenditures made in opposition to a candidate or local candidate, the candidate's or local
candidate's name, address, and office sought. A reporting entity making an expenditure on
behalf of more than one candidate or local candidate must allocate the expenditure among
the candidates and local candidates on a reasonable cost basis and report the allocation for
each candidate or local candidate. The report must list on separate schedules any independent
expenditures made on behalf of local candidates and any expenditures made for ballot
questions as defined in section 10A.01, subdivision 7, clause (2), (3), or (4).
deleted text begin (i)deleted text end new text begin (j)new text end The report must disclose the sum of all expenditures made by or on behalf of the
reporting entity during the reporting period.
deleted text begin (j)deleted text end new text begin (k)new text end The report must disclose the amount and nature of an advance of credit incurred
by the reporting entity, continuously reported until paid or forgiven. If an advance of credit
incurred by the principal campaign committee of a candidate is forgiven by the creditor or
paid by an entity other than that principal campaign committee, it must be reported as a
donation in kind for the year in which the advance of credit was made.
deleted text begin (k)deleted text end new text begin (l)new text end The report must disclose the name, address, and registration number if registered
with the board of each political committee, political fund, principal campaign committee,
local candidate, or party unit to which contributions have been made that aggregate in excess
of $200 within the year and the amount and date of each contribution. The report must list
on separate schedules any contributions made to state candidates' principal campaign
committees and any contributions made to local candidates.
deleted text begin (l)deleted text end new text begin (m)new text end The report must disclose the sum of all contributions made by the reporting entity
during the reporting period and must separately disclose the sum of all contributions made
to local candidates by the reporting entity during the reporting period.
deleted text begin (m)deleted text end new text begin (n)new text end The report must disclose the name, address, and registration number if registered
with the board of each individual or association to whom noncampaign disbursements have
been made that aggregate in excess of $200 within the year by or on behalf of the reporting
entity and the amount, date, and purpose of each noncampaign disbursement, including an
explanation of how the expenditure was used.
deleted text begin (n)deleted text end new text begin (o)new text end The report must disclose the sum of all noncampaign disbursements made within
the year by or on behalf of the reporting entity.
deleted text begin (o)deleted text end new text begin (p)new text end The report must disclose the name and address of a nonprofit corporation that
provides administrative assistance to a political committee or political fund as authorized
by section 211B.15, subdivision 17, the type of administrative assistance provided, and the
aggregate fair market value of each type of assistance provided to the political committee
or political fund during the reporting period.
deleted text begin (p)deleted text end new text begin (q)new text end Legislative, statewide, and judicial candidates, party units, and political committees
and funds must itemize contributions that in aggregate within the year exceed $200 for
legislative or statewide candidates or more than $500 for ballot questions on reports submitted
to the board. The itemization must include the date on which the contribution was received,
the individual or association that provided the contribution, and the address of the contributor.
Additionally, the itemization for a donation in kind must provide a description of the item
or service received. Contributions that are less than the itemization amount must be reported
as an aggregate total.
deleted text begin (q)deleted text end new text begin (r)new text end Legislative, statewide, and judicial candidates, party units, political committees
and funds, and committees to promote or defeat a ballot question must itemize expenditures
and noncampaign disbursements that in aggregate exceed $200 in a calendar year on reports
submitted to the board. The itemization must include the date on which the committee made
or became obligated to make the expenditure or disbursement, the name and address of the
vendor that provided the service or item purchased, and a description of the service or item
purchased, including an explanation of how the expenditure was used. Expenditures and
noncampaign disbursements must be listed on the report alphabetically by vendor.
Minnesota Statutes 2022, section 10A.27, subdivision 11, is amended to read:
new text begin (a) new text end A candidate must not
permit the candidate's principal campaign committee to accept a contribution from a political
committee, political fund, lobbyist, or association not registered with the board if the
contribution will cause the aggregate contributions from those types of contributors during
an election cycle segment to exceed an amount equal to 20 percent of the election cycle
segment expenditure limits for the office sought by the candidate, provided that the 20
percent limit must be rounded to the nearest $100.
new text begin
(b) A candidate must not permit the candidate's principal campaign committee to accept
a contribution that is prohibited by section 211B.15.
new text end
new text begin
This section is effective July 1, 2023, and applies to contributions,
expenditures, and other applicable activities occurring on or after that date.
new text end
Minnesota Statutes 2022, section 10A.34, subdivision 4, is amended to read:
If
a civil penalty is not specified innew text begin chapter 10B, ornew text end a section of chapter 211B brought under
the board's jurisdiction by section 10A.022, subdivision 3, the board may impose a civil
penalty of up to $3,000.
new text begin
Except where otherwise provided, the definitions in section 10A.01 apply to this chapter.
new text end
new text begin
(a) No later than March
1 of each year, the secretary of state must provide a set of two Democracy Dollar coupons
to every person with an active registration in the Statewide Voter Registration System as
of the previous December 31. Each coupon within the set must be redeemable by a qualifying
principal campaign committee or political party unit for a contribution of $25 to that
committee or party unit, as directed by the individual to whom the coupon was issued. An
individual coupon may not be divided into smaller increments. The secretary of state must
provide an option for an individual to request to receive the coupon in an electronic format.
new text end
new text begin
(b) A person may request that the coupon be delivered to a physical or electronic address
that is other than that indicated in the person's voter registration record, provided that the
alternate physical address is in Minnesota.
new text end
new text begin
An individual who is otherwise eligible to vote in Minnesota, but not
registered, may submit a written request to the secretary of state for issuance of a set of
coupons under subdivision 1. A request under this subdivision may be submitted to the
secretary of state between January 1 and July 1 of each year. The secretary of state must
prescribe a form for this purpose. Upon verification that the individual is eligible to receive
a set of coupons, the secretary of state must deliver the coupons to the eligible individual
no later than October 1 of that year.
new text end
new text begin
(a) The Campaign Finance and Public Disclosure Board must adopt rules using the
expedited process in section 14.389 to establish the form of the Democracy Dollar coupon.
new text end
new text begin
(b) At a minimum, the coupon must:
new text end
new text begin
(1) require the holder to indicate the name of an eligible candidate or political party unit
to which the value of the coupon is to be assigned;
new text end
new text begin
(2) provide space for the holder's name, address, original signature, and a statement by
the holder attesting to the holder's understanding of the laws and rules governing the
Democracy Dollar coupon program;
new text end
new text begin
(3) include a clear indication that the coupon has no cash value, is not transferable, and
may be assigned only as provided in the laws and rules governing the coupon program; and
new text end
new text begin
(4) be in a form that permits third parties to utilize a secure application programming
interface or other Internet-based system to facilitate the assignment and redemption of
coupons.
new text end
new text begin
(a) Democracy Dollar coupons are only assignable as
authorized by this section.
new text end
new text begin
(b) A person lawfully holding a coupon may assign it to a qualified candidate or political
party unit by completing the information required under section 10B.03 and delivering the
coupon to the board, a qualified candidate, or a representative of a qualified candidate or
political party unit.
new text end
new text begin
A properly assigned Democracy Dollar coupon may be delivered to
the qualified candidate or political party unit by mail, in person, electronically through the
board's website, or electronically using a secure application programming interface or other
Internet-based system that meets standards approved by the board. The holder of a coupon
may designate an agent to deliver an assigned coupon in person. The board must establish
a secure, user-friendly online system for electronic delivery of assigned coupons. A qualified
candidate or a representative of a qualified candidate or political party unit may assist a
holder in accessing the online system for delivery of an assigned coupon.
new text end
new text begin
A Democracy Dollar coupon is
valid for a contribution redemption only if assigned to a qualified candidate or political
party unit no later than 30 days following the date of the next state general election occurring
after the coupon was issued and submitted for redemption by the qualified candidate or
political party unit by December 31 of that year.
new text end
new text begin
A coupon is invalid if
the holder to which it was issued becomes ineligible to vote in Minnesota before the coupon
is assigned.
new text end
new text begin
The valid assignment and delivery of a coupon is
irrevocable, except that a coupon may be reassigned to another recipient if the board
determines that the assigned recipient is ineligible to redeem the coupon. In making an
assignment, the holder of the coupon assumes the risk that the coupon may not be redeemed
by the candidate or political party unit to which the coupon is assigned.
new text end
new text begin
Chapter 325L applies to Democracy Dollar coupons
assigned, delivered, or submitted for redemption under this chapter in an electronic format.
new text end
new text begin
Democracy Dollar coupons have no cash value and are not assets, income, or the property
of the holder to which a coupon is issued.
new text end
new text begin
Assignment or transfer of a Democracy Dollar coupon for cash or other consideration
is prohibited. A person may not offer to purchase, buy, or sell a coupon and may not transfer
the coupon as a gift to another person. A coupon may not be assigned by proxy, power of
attorney, or agent.
new text end
new text begin
(a) To be qualified for assignment or redemption
of a Democracy Dollar coupon, a candidate must, as of the time the coupon is assigned and
redeemed:
new text end
new text begin
(1) have designated a principal campaign committee that is currently registered under
chapter 10A;
new text end
new text begin
(2) be seeking an office for which voluntary spending limits are specified in section
10A.25; and
new text end
new text begin
(3) have signed and be currently bound by an agreement governed by section 10A.322.
new text end
new text begin
(b) A candidate is no longer qualified to receive by assignment or redeem a coupon if
the candidate fails to advance to a general election following a primary election for the
office to which the candidate is seeking election or if the candidate is determined to be in
violation of the terms of the agreement to limit campaign expenditures provided in section
10A.322.
new text end
new text begin
A Democracy Dollar coupon may be assigned
to and redeemed by a unit of a major political party unit as defined in section 200.02,
subdivision 7, or a minor political party unit qualifying for inclusion on the income tax or
property tax refund form under section 10A.31, subdivision 3a.
new text end
new text begin
(a) As used in this section, "redemption value
cap" means the maximum aggregate dollar value of coupons that may be redeemed by
qualified candidates and political parties in a calendar year.
new text end
new text begin
(b) For calendar years 2023 and 2024, and each two-year period thereafter until an
increase is required under this paragraph, the redemption value cap for each year is an
amount equal to eight percent of the total dollar value of all coupons issued by the secretary
of state in that year. If, as of December 31 of an even-numbered year, the dollar value of
all coupons redeemed during that year and the immediately preceding odd-numbered year
exceeds 75 percent of the aggregated redemption value cap for those two years, the
redemption value cap must be increased by an additional two percent of the total value of
all coupons issued by the secretary of state each year, beginning in the next odd-numbered
year and for every year thereafter. The redemption value cap may be subsequently increased
in two percent increments according to the standards in this paragraph but may not exceed
16 percent of the total value of coupons issued unless otherwise expressly authorized by
law. No later than January 30 of each year, the board, in consultation with the commissioner
of management and budget, must certify the applicable redemption value cap that applies
during that year.
new text end
new text begin
A candidate or political party unit that has been
assigned a Democracy Dollar coupon may submit it to the board for redemption. Assigned
coupons submitted directly to the board by the holder to which the coupon was issued are
presumed submitted for redemption on behalf of the assigned candidate or party unit.
new text end
new text begin
(a) The board must verify the following before redeeming a
coupon:
new text end
new text begin
(1) the qualification of the receiving candidate or political party unit;
new text end
new text begin
(2) the eligibility of the person to whom the coupon was issued;
new text end
new text begin
(3) whether redemption of the coupon would result in the candidate receiving a
contribution in excess of the amounts authorized by law; and
new text end
new text begin
(4) whether redemption of the coupon would cause the total dollar value of redeemed
coupons to exceed the redemption value cap.
new text end
new text begin
(b) The board may require the assigned candidate or political party unit to submit
documents or records necessary to complete the verifications required by this subdivision.
The eligibility of the person to whom a coupon is issued must be confirmed by the secretary
of state.
new text end
new text begin
(c) The board must provide a notice to the original holder of a coupon and to the assigned
recipient if a coupon cannot be verified as eligible for redemption, the reason the coupon
could not be verified or redeemed, and, if applicable, instructions for reassigning the coupon
to another eligible recipient.
new text end
new text begin
Upon determination that the coupon is valid for
redemption, the board must disburse the value of the coupon to the assigned candidate's
principal campaign committee or to the treasurer of the assigned political party unit. The
board may adopt procedures for disbursement of the contribution through an electronic
funds transfer to the committee or party unit. These procedures are exempt from chapter
14, and section 14.386 does not apply.
new text end
new text begin
The value of the
coupon, once redeemed, must be recorded as a contribution made in the name of the person
to whom the coupon is issued. Redeemed coupons must be included in the calculation of
that person's contributions for purposes of reporting under section 10A.20, subdivision 3,
and for purposes of the contribution limits established in section 10A.27.
new text end
new text begin
The board must promptly verify all
assigned coupons received by the board, regardless of the method of submission. The board
must redeem all properly verified coupons and distribute contributions on a regular schedule,
at least two times per month, at least one time per week beginning 60 days prior to the date
of a state primary or state general election, and, to the extent practical, at least one time per
week during the campaign period preceding a special primary or special general election
as determined by the board.
new text end
new text begin
Amounts necessary to redeem coupons and distribute the
resulting contributions required under this chapter are appropriated annually from the general
fund to the board. The amount appropriated to the board may not exceed the redemption
value cap for that year.
new text end
new text begin
A contribution received by a principal campaign committee or political party unit under
this chapter may only be used for purposes authorized under chapter 10A or section 211B.12.
new text end
new text begin
(a) A candidate who has redeemed a Democracy Dollar coupon and subsequently
withdraws as a candidate for office, dies, becomes ineligible, loses qualification, is defeated
in a primary or general election, or is elected at a general election must, within a reasonable
period, return any unspent coupon contribution proceeds to the board.
new text end
new text begin
(b) The board must adopt rules using the expedited rulemaking process in section 14.389
to establish accounting standards and other requirements for compliance with this section.
new text end
new text begin
The board may make audits and investigations with respect to the requirements of this
chapter, consistent with the authority, procedures, and remedies provided in sections 10A.022
and 10A.34.
new text end
Minnesota Statutes 2022, section 211B.15, subdivision 1, is amended to read:
new text begin (a) new text end For purposes of this section,new text begin the terms defined in this
subdivision have the meanings given. Unless otherwise provided, the definitions in section
10A.01 also apply to this section.
new text end
new text begin
(b) "Chief executive officer" means the highest-ranking officer or decision-making
individual with authority over a corporation's affairs.
new text end
new text begin (c)new text end "Corporation" means:
(1) a corporation organized for profit that does business in this state;
(2) a nonprofit corporation that carries out activities in this state; or
(3) a limited liability company formed under chapter 322C, or under similar laws of
another state, that does business in this state.
new text begin
(d) "Foreign-influenced corporation" means a corporation for which at least one of the
following conditions is met:
new text end
new text begin
(1) a single foreign owner holds, owns, controls, or otherwise has direct or indirect
beneficial ownership of one percent or more of the total equity, outstanding voting shares,
membership units, or other applicable ownership interests of the corporation;
new text end
new text begin
(2) two or more foreign owners in aggregate hold, own, control, or otherwise have direct
or indirect beneficial ownership of five percent or more of the total equity, outstanding
voting shares, membership units, or other applicable ownership interests of the corporation;
or
new text end
new text begin
(3) a foreign owner participates directly or indirectly in the corporation's decision-making
process with respect to the corporation's political activities in the United States.
new text end
new text begin
(e) "Foreign investor" means a person or entity that:
new text end
new text begin
(1) holds, owns, controls, or otherwise has direct or indirect beneficial ownership of
equity, outstanding voting shares, membership units, or otherwise applicable ownership
interests of a corporation; and
new text end
new text begin
(2) is a government of a foreign country; a political party organized in a foreign country;
a partnership, association, corporation, organization, or other combination of persons
organized under the laws of or having its principal place of business in a foreign country;
or an individual who is not a citizen or national of the United States and who is not lawfully
admitted for permanent residence in the United States.
new text end
new text begin
(f) "Foreign owner" means:
new text end
new text begin
(1) a foreign investor; or
new text end
new text begin
(2) a corporation in which a foreign investor holds, owns, controls, or otherwise has
directly or indirectly acquired beneficial ownership of equity or voting shares in an amount
that is equal to or greater than 50 percent of the total equity or outstanding voting shares.
new text end
new text begin
This section is effective July 1, 2023, and applies to contributions,
expenditures, and other applicable activities occurring on or after that date.
new text end
Minnesota Statutes 2022, section 211B.15, is amended by adding a subdivision
to read:
new text begin
(a) Notwithstanding subdivisions 3 and
4, a foreign-influenced corporation must not:
new text end
new text begin
(1) make an expenditure, or offer or agree to make an expenditure, to promote or defeat
the candidacy of an individual for nomination, election, or appointment to a public office;
new text end
new text begin
(2) make contributions or expenditures to promote or defeat a ballot question, to qualify
a question for placement on the ballot, or to express the corporation's views on issues of
public concern;
new text end
new text begin
(3) make a contribution to a candidate for nomination, election, or appointment to a
public office or to a candidate's principal campaign committee;
new text end
new text begin
(4) make a contribution to a political committee, political fund, or political party unit;
or
new text end
new text begin
(5) take any action to publicly endorse or oppose a candidate for nomination, election,
or appointment to a public office, or to endorse or oppose a ballot question or other issue
of public concern.
new text end
new text begin
(b) Notwithstanding subdivisions 8 to 11, a foreign-influenced corporation is prohibited
from engaging in the activities otherwise authorized by those subdivisions.
new text end
new text begin
This section is effective July 1, 2023, and applies to contributions,
expenditures, and other applicable activities occurring on or after that date.
new text end
Minnesota Statutes 2022, section 211B.15, is amended by adding a subdivision
to read:
new text begin
A corporation that makes
a contribution or expenditure authorized by subdivision 3 or 4 must submit a certification
to the Campaign Finance and Public Disclosure Board that it was not a foreign-influenced
corporation as of the date the contribution or expenditure was made. The certification must
be submitted within seven business days after the contribution or expenditure is made and
must be signed by the corporation's chief executive officer after reasonable inquiry, under
penalty of perjury. If the activity requiring certification was a contribution to an independent
expenditure committee, the corporation must additionally provide a copy of the certification
to that committee.
new text end
Minnesota Statutes 2022, section 211B.15, subdivision 7, is amended to read:
(a) A corporation that violates this section is subject
to a civil penalty of up to ten times the amount of the violation, but in no case more than
$10,000, imposed by the Campaign Finance and Public Disclosure Board under chapter
10A or imposed by the Office of Administrative Hearings under this chapter.
(b) Knowingly violating this section is a crime. A corporation convicted of knowingly
violating this section is subject to a fine not greater than $40,000. A convicted domestic
corporation may be dissolved as well as fined. If a foreignnew text begin , foreign-influenced,new text end or nonresident
corporation is convicted, in addition to being fined, its right to do business in this state may
be declared forfeited.
new text begin
This section is effective July 1, 2023, and applies to contributions,
expenditures, and other applicable activities occurring on or after that date.
new text end
Minnesota Statutes 2022, section 211B.15, subdivision 7b, is amended to read:
An individual or a corporation knowingly violates this
section if, at the time of a transaction, the individual or the corporation knew:
(1) that the transaction causing the violation constituted a contribution under chapter
10A, 211A, or 383B; and
(2) that the contributor was a corporation subject to the prohibitions of subdivision 2new text begin or
4anew text end .
new text begin
This section is effective July 1, 2023, and applies to contributions,
expenditures, and other applicable activities occurring on or after that date.
new text end
Minnesota Statutes 2022, section 289A.37, subdivision 2, is amended to read:
(a) Except as provided in paragraph (b), an erroneous
refund occurs when the commissioner issues a payment to a person that exceeds the amount
the person is entitled to receive under law. An erroneous refund is considered an
underpayment of tax on the date issued.
(b) To the extent that the amount paid does not exceed the amount claimed by the
taxpayer, an erroneous refund does not include the following:
(1) any amount of a refund or credit paid pursuant to a claim for refund filed by a
taxpayer, including but not limited to refunds of claims made under section deleted text begin 290.06,
subdivision 23;deleted text end 290.067; 290.0671; 290.0672; 290.0674; 290.0675; 290.0677; 290.068;
290.0681; or 290.0692; or chapter 290A; or
(2) any amount paid pursuant to a claim for refund of an overpayment of tax filed by a
taxpayer.
(c) The commissioner may make an assessment to recover an erroneous refund at any
time within two years from the issuance of the erroneous refund. If all or part of the erroneous
refund was induced by fraud or misrepresentation of a material fact, the assessment may
be made at any time.
(d) Assessments of amounts that are not erroneous refunds under paragraph (b) must be
conducted under sections 289A.38 to 289A.382.
Minnesota Statutes 2022, section 289A.50, subdivision 1, is amended to read:
(a) Subject to the requirements of this section
and section 289A.40, a taxpayer who has paid a tax in excess of the taxes lawfully due and
who files a written claim for refund will be refunded or credited the overpayment of the tax
determined by the commissioner to be erroneously paid.
(b) The claim must specify the name of the taxpayer, the date when and the period for
which the tax was paid, the kind of tax paid, the amount of the tax that the taxpayer claims
was erroneously paid, the grounds on which a refund is claimed, and other information
relative to the payment and in the form required by the commissioner. An income tax, estate
tax, or corporate franchise tax return, or amended return claiming an overpayment constitutes
a claim for refund.
(c) When, in the course of an examination, and within the time for requesting a refund,
the commissioner determines that there has been an overpayment of tax, the commissioner
shall refund or credit the overpayment to the taxpayer and no demand is necessary. If the
overpayment exceeds $1, the amount of the overpayment must be refunded to the taxpayer.
If the amount of the overpayment is less than $1, the commissioner is not required to refund.
In these situations, the commissioner does not have to make written findings or serve notice
by mail to the taxpayer.
(d) If the amount allowable as a credit for withholding, estimated taxes, or dependent
care exceeds the tax against which the credit is allowable, the amount of the excess is
considered an overpayment. deleted text begin The refund allowed by section 290.06, subdivision 23, is also
considered an overpayment.deleted text end The requirements of section 270C.33 do not apply to the
refunding of such an overpayment shown on the original return filed by a taxpayer.
(e) If the entertainment tax withheld at the source exceeds by $1 or more the taxes,
penalties, and interest reported in the return of the entertainment entity or imposed by section
290.9201, the excess must be refunded to the entertainment entity. If the excess is less than
$1, the commissioner need not refund that amount.
(f) If the surety deposit required for a construction contract exceeds the liability of the
out-of-state contractor, the commissioner shall refund the difference to the contractor.
(g) An action of the commissioner in refunding the amount of the overpayment does not
constitute a determination of the correctness of the return of the taxpayer.
(h) There is appropriated from the general fund to the commissioner of revenue the
amount necessary to pay refunds allowed under this section.
Minnesota Statutes 2022, section 290.01, subdivision 6, is amended to read:
The term "taxpayer" means any person or corporation subject to a
tax imposed by this chapter. deleted text begin For purposes of section 290.06, subdivision 23, the term
"taxpayer" means an individual eligible to vote in Minnesota under section 201.014.
deleted text end
new text begin
Notwithstanding the repeal of the political contribution refund in section 28, the
commissioner of revenue must continue to pay refunds for political contributions made in
calendar year 2022 for claims filed by April 15, 2023, and calendar year 2023 for claims
filed by April 15, 2024. A candidate or political party unit may not issue political contribution
refund receipts after July 1, 2023.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
Minnesota Statutes 2022, sections 13.4967, subdivision 2; and 290.06, subdivision 23,
new text end
new text begin
are repealed.
new text end
new text begin
Except where otherwise provided, this article is effective January 1, 2024, provided that
the Campaign Finance and Public Disclosure Board may proceed to propose and adopt
administrative rules required by this article beginning the day following final enactment.
new text end
Repealed Minnesota Statutes: 23-01198
Certain political contribution refund data in the Revenue Department are classified under section 290.06, subdivision 23.
(a) A taxpayer may claim a refund equal to the amount of the taxpayer's contributions made in the calendar year to candidates and to a political party. The maximum refund for an individual must not exceed $50 and for a married couple, filing jointly, must not exceed $100. A refund of a contribution is allowed only if the taxpayer files a form required by the commissioner and attaches to the form a copy of an official refund receipt form issued by the candidate or party and signed by the candidate, the treasurer of the candidate's principal campaign committee, or the chair or treasurer of the party unit, after the contribution was received. The receipt forms must be numbered, and the data on the receipt that are not public must be made available to the campaign finance and public disclosure board upon its request. A claim must be filed with the commissioner no sooner than January 1 of the calendar year in which the contribution was made and no later than April 15 of the calendar year following the calendar year in which the contribution was made. A taxpayer may file only one claim per calendar year. Amounts paid by the commissioner after June 15 of the calendar year following the calendar year in which the contribution was made must include interest at the rate specified in section 270C.405.
(b) No refund is allowed under this subdivision for a contribution to a candidate unless the candidate:
(1) has signed an agreement to limit campaign expenditures as provided in section 10A.322;
(2) is seeking an office for which voluntary spending limits are specified in section 10A.25; and
(3) has designated a principal campaign committee.
This subdivision does not limit the campaign expenditures of a candidate who does not sign an agreement but accepts a contribution for which the contributor improperly claims a refund.
(c) For purposes of this subdivision, "political party" means a major political party as defined in section 200.02, subdivision 7, or a minor political party qualifying for inclusion on the income tax or property tax refund form under section 10A.31, subdivision 3a.
A "major party" or "minor party" includes the aggregate of that party's organization within each house of the legislature, the state party organization, and the party organization within congressional districts, counties, legislative districts, municipalities, and precincts.
"Candidate" means a candidate as defined in section 10A.01, subdivision 10, except a candidate for judicial office.
"Contribution" means a gift of money.
(d) The commissioner shall make copies of the form available to the public and candidates upon request.
(e) The following data collected or maintained by the commissioner under this subdivision are private: the identities of individuals claiming a refund, the identities of candidates to whom those individuals have made contributions, and the amount of each contribution.
(f) The commissioner shall report to the campaign finance and public disclosure board by each August 1 a summary showing the total number and aggregate amount of political contribution refunds made on behalf of each candidate and each political party. These data are public.
(g) The amount necessary to pay claims for the refund provided in this section is appropriated from the general fund to the commissioner of revenue.
(h) For a taxpayer who files a claim for refund via the Internet or other electronic means, the commissioner may accept the number on the official receipt as documentation that a contribution was made rather than the actual receipt as required by paragraph (a).