5th Engrossment - 93rd Legislature (2023 - 2024) Posted on 09/14/2023 02:48pm
A bill for an act
relating to elections; modifying provisions related to voter registration; absentee
voting; requiring voting instructions and sample ballots to be multilingual and
interpreters to be provided in certain situations; regulating intimidation, deceptive
practices, and interference with voter registration and voting; campaign finance;
expanding the definition of express advocacy; providing penalties; requiring reports;
appropriating money; amending Minnesota Statutes 2022, sections 10A.01,
subdivision 16a; 10A.27, subdivision 11; 13.607, by adding a subdivision; 171.06,
subdivision 3; 201.054, subdivisions 1, 2; 201.061, by adding a subdivision;
201.071, subdivision 1, as amended; 201.091, subdivision 4; 201.161; 201.162;
203B.04, subdivisions 1, 5; 203B.06, subdivisions 1, 3; 203B.12, by adding
subdivisions; 203B.121, subdivision 2; 211B.15, subdivisions 1, 7b, by adding
subdivisions; 211B.32, subdivision 1; Laws 2023, chapter 12, section 9; proposing
coding for new law in Minnesota Statutes, chapters 204B; 211B.
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:
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Any data transferred to the secretary of state regarding
applicants who are determined ineligible to register to vote is governed by section 201.161.
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Minnesota Statutes 2022, section 171.06, subdivision 3, is amended to read:
(a) An application must:
(1) state the full name, date of birth, sex, and either (i) the residence address of the
applicant, or (ii) designated address under section 5B.05;
(2) as may be required by the commissioner, contain a description of the applicant and
any other facts pertaining to the applicant, the applicant's driving privileges, and the
applicant's ability to operate a motor vehicle with safety;
(3) state:
(i) the applicant's Social Security number; or
(ii) if the applicant does not have a Social Security number and is applying for a
Minnesota identification card, instruction permit, or class D provisional or driver's license,
that the applicant certifies that the applicant is not eligible for a Social Security number;
(4) contain a notification to the applicant of the availability of a living will/health care
directive designation on the license under section 171.07, subdivision 7; deleted text begin and
deleted text end
(5) include a method for the applicant to:
(i) request a veteran designation on the license under section 171.07, subdivision 15,
and the driving record under section 171.12, subdivision 5a;
(ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e);
(iii) as applicable, designate document retention as provided under section 171.12,
subdivision 3c; and
(iv) indicate emergency contacts as provided under section 171.12, subdivision 5bnew text begin ; and
new text end
new text begin (6) meet the requirements under section 201.161, subdivision 3new text end .
(b) Applications must be accompanied by satisfactory evidence demonstrating:
(1) identity, date of birth, and any legal name change if applicable; and
(2) for driver's licenses and Minnesota identification cards that meet all requirements of
the REAL ID Act:
(i) principal residence address in Minnesota, including application for a change of address,
unless the applicant provides a designated address under section 5B.05;
(ii) Social Security number, or related documentation as applicable; and
(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.
(c) An application for an enhanced driver's license or enhanced identification card must
be accompanied by:
(1) satisfactory evidence demonstrating the applicant's full legal name and United States
citizenship; and
(2) a photographic identity document.
(d) A valid Department of Corrections or Federal Bureau of Prisons identification card
containing the applicant's full name, date of birth, and photograph issued to the applicant
is an acceptable form of proof of identity in an application for an identification card,
instruction permit, or driver's license as a secondary document for purposes of Minnesota
Rules, part 7410.0400, and successor rules.
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This section is effective June 1, 2023.
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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.
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(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
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This section is effective June 1, 2023.
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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.
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This section is effective June 1, 2023.
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Minnesota Statutes 2022, section 201.061, is amended by adding a subdivision to
read:
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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.
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This section is effective June 1, 2023.
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Minnesota Statutes 2022, section 201.071, subdivision 1, as amended by Laws
2023, chapter 12, section 2, 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; 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) am not currently incarcerated for a conviction of a felony offense; 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 day?deleted 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 vote?new 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.
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This section is effective June 1, 2023.
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Minnesota Statutes 2022, section 201.071, subdivision 1, as amended by Laws
2023, chapter 12, section 2, 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) will be at least 18 years old on election day;
(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) am not currently incarcerated for a conviction of a felony offense; 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) Will you be 18 years old on or before election day?"
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.
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This section is effective June 1, 2024.
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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.
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This section is effective June 1, 2023.
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Minnesota Statutes 2022, section 201.161, is amended to read:
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(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:
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(1) an application for a new or renewed Minnesota driver's license or identification card;
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(2) an initial or renewal application for MinnesotaCare under chapter 256L or medical
assistance under chapter 256B; or
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(3) an application for benefits or services to a state agency participating under subdivision
5.
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(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 must be updated to reflect the name or address
information provided.
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Upon receipt of the registration information, the county
auditor must queue for mailing in the statewide voter registration system a notice to the
individual that provides an opportunity to decline the registration. The secretary of state
must promptly mail all notices queued in the statewide voter registration system. An
individual must not be registered if the individual declines to be registered within 20 days
of the date of the mailing of the notice under this section. An otherwise eligible individual
who declines to register must be offered a new registration opportunity with each qualifying
application submitted under subdivision 1. The notice must be drafted to ensure maximum
language access consistent with maintaining readability, and at a minimum must identify a
website where the materials are made available in the ten most common languages for which
translation is needed by voters.
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 license 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 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. At a minimum,
the commissioner must submit the data to the secretary of state on the same day each month.
The secretary of state must publish a monthly report of this data.
new text end
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(b) An applicant's information must not be transmitted to the secretary of state under
this section 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, the applicant's information must not be transmitted to the secretary
of state and the applicant must not be offered a voter registration opportunity.
new text end
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(c) No applicant may be registered to vote under this subdivision until:
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(1) the commissioner of public safety has certified that the department's systems have
been tested and can accurately provide the required data and accurately exclude from
transmission data on individuals who have not provided documentary evidence of United
States citizenship; and
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(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 submit a voter registration application.
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The department's systems must be tested and accurately provide the necessary data no later
than December 1, 2023.
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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) If permitted by the federal government,
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 applicants 18 years of age or older whose United States
citizenship has been verified as part of the application. The commissioner must transmit
information required to register to vote, as prescribed by the secretary of state, daily by
electronic means to the secretary of state for an individual whose United States citizenship
has been verified. 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.
At a minimum, the commissioner must submit the data to the secretary of state on the same
day each month.
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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 accurately exclude from transmission data
on individuals who have not provided documentary evidence of United States citizenship,
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 September 30 of the year following the year in which federal approval or
permission is given.
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(a) The commissioner of management
and budget must, in consultation with the secretary of state, identify any other state agency
that is eligible to implement automatic voter registration. The commissioner must consider
a state agency eligible if the agency collects, processes, or stores the following information
as part of providing assistance or services: name, residential address, date of birth, and
citizenship verification. An eligible 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 the data under consideration. By June 1, 2025, the
governor, at the governor's sole discretion, must make final decisions, as to which agencies
will implement automatic voter registration by December 31, 2025, and which agencies
could implement automatic voter registration if provided with additional resources or if the
legislature changed the law to allow data to be used for automatic voter registration. The
governor must notify the commissioner of management and budget of the governor's
decisions related to automatic voter registration. By October 1, 2025, the commissioner of
management and budget must report to the chairs and ranking minority members of the
legislative committees with jurisdiction over election policy and finance. The report must
include:
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(1) the agencies that will implement automatic voter registration by December 31, 2025;
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(2) the agencies which could implement automatic voter registration if provided with
additional resources and recommendations on the necessary additional resources; and
new text end
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(3) the agencies that could implement automatic voter registration if the legislature
changed the law to allow data to be used for voter registration and recommendations on
how the law could be changed to allow the use of the data for this purpose.
new text end
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(b) An agency may not begin verifying citizenship as part of an agency transaction for
the sole purpose of providing automatic voter registration. Once an agency has implemented
automatic voter registration, it must continue to provide automatic voter registration unless
otherwise expressly required by law. For each individual whose United States citizenship
has been verified, the commissioner or agency head must transmit information required to
register to vote, as prescribed by the secretary of state, to the secretary of state by electronic
means. The governor must determine the frequency of the transmissions for each agency.
new text end
new text begin
(c) No applicant may be registered to vote under this subdivision until (1) the agency's
commissioner or agency head has certified that the necessary systems have been tested and
can accurately provide the required data and accurately exclude from transmission data on
individuals whose United States citizenship has not been verified, 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.
new text end
new text begin
(a) The secretary of state must compare all application information
submitted under this section with the information received under section 201.145 to determine
whether an applicant is eligible to vote. If an applicant appears on the list of individuals
who are ineligible to vote, the secretary of state must not process the application further
and must not share the applicant's information with the county for registration. For applicants
who do not appear to be ineligible to vote, the secretary of state must determine whether
the applicant whose information is submitted under this section is currently registered in
the statewide voter registration system.
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 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
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(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
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The
transfer of an individual's record under this section does not constitute an attempt to register
to vote or a completion of a voter registration form by that individual. If such a registration
is processed by the state and the individual thereafter attempts to vote or votes, it is presumed
to have been officially authorized by the state and the individual is not subject to any penalty
under this chapter. 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 is the date that the county auditor processes the application. 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 must 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.
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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
Minnesota Statutes 2022, section 203B.04, subdivision 1, is amended to read:
(a) Except as otherwise allowed by subdivision
2 or by section 203B.11, subdivision 4, an application for absentee ballots for any election
may be submitted at any time not less than one day before the day of that election. The
county auditor shall prepare absentee ballot application forms in the format provided by the
secretary of state and shall furnish them to any person on request. By January 1 of each
even-numbered year, the secretary of state shall make the forms to be used available to
auditors through electronic means. An application submitted pursuant to this subdivision
shall be in writing. An application may be submitted in person, by electronic facsimile
device, by electronic mail, or by mail to:
(1) the county auditor of the county where the applicant maintains residence; or
(2) the municipal clerk of the municipality, or school district if applicable, where the
applicant maintains residence.
For a federal, state, or county election, an absentee ballot application may alternatively be
submitted electronically through a secure website that shall be maintained by the secretary
of state for this purpose. Notwithstanding paragraph (b), the secretary of state must require
applicants using the website to submit the applicant's email address and verifiable Minnesota
driver's license number, Minnesota state identification card number, or the last four digits
of the applicant's Social Security number.
An application submitted electronically under this paragraph may only be transmitted to
the county auditor for processing if the secretary of state has verified the application
information matches the information in a government database associated with the applicant's
driver's license number, state identification card number, or Social Security number. The
secretary of state must review all unverifiable applications for evidence of suspicious activity
and must forward any such application to an appropriate law enforcement agency for
investigation.
(b) An application shall be approved if it is timely received, signed and dated by the
applicant, contains the applicant's name and residence and mailing addresses, date of birth,
and at least one of the following:
(1) the applicant's Minnesota driver's license number;
(2) Minnesota state identification card number;
(3) the last four digits of the applicant's Social Security number; or
(4) a statement that the applicant does not have any of these numbers.
(c) To be approved, the application must contain an oath that the information contained
on the form is accurate, that the applicant is applying on the applicant's own behalf, and
that the applicant is signing the form under penalty of perjury.
(d) An applicant's full date of birth, Minnesota driver's license or state identification
number, and the last four digits of the applicant's Social Security number must not be made
available for public inspection. An application may be submitted to the county auditor or
municipal clerk by an electronic facsimile device. An application mailed or returned in
person to the county auditor or municipal clerk on behalf of a voter by a person other than
the voter must be deposited in the mail or returned in person to the county auditor or
municipal clerk within ten days after it has been dated by the voter and no later than six
days before the election. deleted text begin The absentee ballot applications or a list of persons applying for
deleted text end deleted text begin an absentee ballot may not be made available for public inspection until the close of voting
deleted text end deleted text begin on election day, except as authorized in section deleted text end deleted text begin , and must be available to the public
deleted text end deleted text begin in the same manner as public information lists in section deleted text end deleted text begin 201.091, subdivisions 4deleted text end deleted text begin , 5, and 9.
deleted text end
(e) An application under this subdivision may contain an application under subdivision
5 to automatically receive an absentee ballot deleted text begin applicationdeleted text end .
new text begin
This section is effective June 1, 2024.
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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.
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(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
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This section is effective June 1, 2024.
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
new text begin
This section is effective June 1, 2024.
new text end
Minnesota Statutes 2022, section 203B.06, subdivision 3, is amended to read:
(a) new text begin The county auditor, municipal clerk, school district
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) except as otherwise provided by this section, at least 46 days before each regularly
scheduled primary and general election and each special primary and special election;
new text end
new text begin
(2) as soon as practicable for a special election held pursuant to section 204D.19,
subdivisions 2 and 3; and
new text end
new text begin
(3) at least 30 days before a town general election held in March.
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.
new text begin
This section is effective June 1, 2024.
new text end
Minnesota Statutes 2022, section 203B.12, is amended by adding a subdivision
to read:
new text begin
The secretary of state must
maintain a list of permanent absentee voters. The list must be available to the public in the
same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.
new text end
new text begin
This section is effective June 1, 2024.
new text end
Minnesota Statutes 2022, section 203B.12, is amended by adding a subdivision
to read:
new text begin
The names of voters who
have submitted an absentee ballot application to the county auditor or municipal clerk must
be available to the public in the same manner as public information lists in section 201.091,
subdivisions 4, 5, and 9.
new text end
new text begin
This section is effective June 1, 2024.
new text end
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 deleted text begin bydeleted text end
deleted text begin telephone or emaildeleted text end to notify the voter that the voter's ballot has been rejected. new text begin The ballot
board must contact the voter by the method or methods of communication provided by the
voter on the voter's application for an absentee ballot or voter registration.new text end 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.
new text begin
This section is effective June 1, 2024.
new text end
Laws 2023, chapter 12, section 9, is amended to read:
Except as otherwise provided, this act is effective deleted text begin Julydeleted text end new text begin Junenew text end 1, 2023, and applies to the
right to vote at elections conducted on or after that date.
new text begin
This section is effective the day following final enactment.
new text end
new text begin
Notwithstanding the requirements of this act or Laws 2023, chapter 12, a completed
voter registration application submitted by a voter is not deficient for purposes of registering
that voter if the application form was printed or provided to the voter prior to the effective
date of any modification required by this act or by Laws 2023, chapter 12. Beginning on
the effective date of a modification required by this act or by Laws 2023, chapter 12, an
election official must not print, copy, or publicly distribute a blank voter registration
application that does not include the required modification.
new text end
new text begin
This section is effective the day following final enactment.
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 polling places in the three most commonly
spoken non-English languages in the state as determined by the state demographer for the
previous calendar year. The secretary of state must provide sample ballots in print and
electronic formats and voting instructions in print, electronic, and audio-visual formats on
the secretary of state's website in at least the three most commonly spoken non-English
languages in the state as determined by the state demographer for the previous calendar
year.
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 percentage of residents in each census tract who are members of a
language minority and who lack sufficient skills in English to vote without assistance.
Language minority districts will be designated if three percent or more of the population in
a corresponding census tract speak English "less than very well" according to the most
recent census data.
new text end
new text begin
(a) If the number of residents
determined under subdivision 2 equals three percent or more of a census tract, 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 population of a census tract, 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, the county auditor or municipal clerk
must appoint at least one interpreter 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 interpreter must wear a name tag or other
badge indicating the interpreter's language certification. For purposes of section 204C.06
and any other applicable law, an interpreter appointed under this section is considered an
election official and may be present in a polling place for the purpose of conducting duties
assigned by the county auditor or municipal clerk.
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
This section is effective July 1, 2023, and applies to elections
conducted on or after January 1, 2024.
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) any person with the intent to compel that person 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
must demonstrate 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 any person injured by an act prohibited by this section may
bring a civil action to prevent or restrain a violation of this section.
new text end
new text begin
(c) The attorney general, or any person 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 any person 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
new text begin
This section is effective June 15, 2023, and applies to violations
occurring on or after that date.
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
new text begin
This section is effective the day following final enactment and
applies to violations occurring on or after that date.
new text end
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.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 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 as defined in paragraph (c),
clause (1) or (3), for which at least one of the following conditions is met:
new text end
new text begin
(1) a single foreign investor 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 investors 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 investor 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 any of the following:
new text end
new text begin
(i) a government of a foreign country;
new text end
new text begin
(ii) a political party organized in a foreign country;
new text end
new text begin
(iii) 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;
new text end
new text begin
(iv) an individual outside of the United States who is not a citizen or national of the
United States and who is not lawfully admitted for permanent residence in the United States;
or
new text end
new text begin
(v) a corporation in which a foreign investor as defined in items (i) to (iv) 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, or to
qualify a question for placement on the ballot;
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; or
new text end
new text begin
(4) make a contribution to a political committee, political fund, or political party unit.
new text end
new text begin
(b) A foreign-influenced corporation must not make a contribution or donation to any
other person with the express or implied condition that the contribution or any part of it be
used for any of the purposes prohibited by this subdivision.
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 as defined
in subdivision 1, paragraph (c), clause (1) or (3), 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. For purposes of this certification, the corporation shall ascertain beneficial
ownership in a manner consistent with chapter 302A or, if it is registered on a national
securities exchange, as set forth in Code of Federal Regulations, title 17, sections 240.13d-3
and 240.13d-5. The corporation shall provide a copy of the statement of certification to any
candidate or committee to which it contributes, and upon request of the recipient, to any
other person to which it contributes.
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, 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
new text begin
(a) $709,000 in fiscal year 2024 and $152,000 in fiscal year 2025 are appropriated from
the general fund to the secretary of state to implement the provisions of this act. The base
for this appropriation is $470,000 in fiscal year 2026 and $152,000 in fiscal year 2027.
new text end
new text begin
(b) $100,000 in fiscal year 2024 and $100,000 in fiscal year 2025 are appropriated from
the general fund to the attorney general to enforce the voter intimidation and interference
provisions of this act.
new text end
new text begin
(c) $45,000 in fiscal year 2024 is appropriated from the driver services operating account
under Minnesota Statutes, section 299A.705, to the commissioner of public safety to update
application forms for driver's licenses, identification cards, and instruction permits to comply
with the provisions of this act.
new text end