2020 Minnesota Campaign Manual - Minnesota Secretary

2020State of MinnesotaCAMPAIGN MANUALCAMPAIGN FINANCIAL REPORTING &FAIR CAMPAIGN PRACTICESMinnesota Statutes, Chapters 211A and 211B, including related laws and summaryOffice of the Minnesota Secretary of State180 State Office Building100 Rev. Dr. Martin Luther King Jr. Blvd.St. Paul, MN 55155Phone: (651) 215-1440Toll Free: 1-877-600-8683Minnesota Relay Service: 1-800-627-3529Email: elections.dept@state.mn.usWebsite: www.sos.state.mn.us

Office of the Minnesota Secretary of State2020 Campaign Manual2

PREFACEState law requires the Secretary of State to publish an easily understandable annotated digest of Chapters 211Aand 211B of Minnesota statutes.This booklet contains:The required digest;The text of Chapters 211A and 211B;Annotations to these chapters and to former Chapter 210A, known as the Fair Campaign Practices Act,which had some provisions comparable to 211A and 211B.Chapter 211A generally regulates campaign reporting requirements of candidates and committees supportingcounty, municipal, school district or other political subdivision candidates for office and questions. Candidatesand committees supporting candidates for federal, state and judicial office are not regulated by Chapter 211A.Chapter 211B regulates a variety of campaign practices and applies to all federal, state, judicial and localcandidates, except for President and Vice President, and committees supporting them. It also regulates theactivities of committees formed to promote or oppose ballot questions and proposed constitutionalamendments. COMPLAINTSA complaint alleging a violation of Chapter 211A or 211B MUST be filed with the Office of AdministrativeHearings (OAH). For further information on complaints and penalties, see the OAH’s Fair Campaign Practiceswebpage verview/fair-campaign.jsp), or contact OAH at:Office of Administrative Hearings600 North Robert StreetSt. Paul, MN 55101(651) 361-7900CAMPAIGN FINANCE & PUBLIC DISCLOSURECampaign Finance & Public Disclosure BoardCampaign finances and certain disclosures of: Candidates for state constitutional offices, Candidates for state legislative offices, Candidates for judicial offices, and Committees formed to promote or oppose constitutional amendmentsare regulated by Chapter 10A of Minnesota statutes and administered by the Minnesota Campaign Finance andPublic Disclosure Board (https://cfb.mn.gov/), who can be contacted at:Minnesota Campaign Finance and Public Disclosure Board190 Centennial Office Building658 Cedar St.St. Paul, Minnesota 55155(651) 539-1180 or 1-800-657-3889Office of the Minnesota Secretary of State2020 Campaign Manual3

Federal OfficesCampaign financing and certain disclosures of candidates for federal office: United States President and Vice President, United States Senator, and United States Representativeare regulated by state and federal law. The Federal Election Commission (www.fec.gov) administers the federallaws. Contact the commission atFederal Election Commission999 E Street NWWashington, DC 20463(800) 424-9530Reports filed with the FEC are available within 48 hours after the report has been filed. Reports filed bycandidates for U.S. Representative can be viewed and copied directly from the FEC web site at a terminalavailable to the public at the Secretary of State's Office, Elections Division.The FEC has waived the requirement that these candidates also file paper copies of these reports with theSecretary of State.Hennepin County, Bloomington, Minneapolis & Minneapolis SchoolsMinnesota Statutes, Sections 383B.041-.058 regulate campaign finance reporting and disclosure for: Hennepin County Offices, Cities of Bloomington & Minneapolis Offices, and Minneapolis Public Schools Offices.For further information, please contact the Hennepin County Election and Voter Registration Department(www.hennepin.us/residents#elections) atHennepin County Election and Voter Registration DepartmentPSL 012 Government Center300 S. 6th St.Minneapolis, MN 55487(612) 348-5151FILING FOR OFFICE & CAMPAIGNING INFORMATION IS AVAILABLE ONLINECandidate filing for office and campaigning information is available 24 hours a day, 7 days a week at the Office ofthe Minnesota Secretary of State’s “Become a Candidate” webpage located tion-campaigns/become-a-candidate/).Accessible and fillable versions of many forms and other information are available.Office of the Minnesota Secretary of State2020 Campaign Manual4

TABLE OF CONTENTSPREFACE3COMPLAINTS . 3CAMPAIGN FINANCE & PUBLIC DISCLOSURE . 3CAMPAIGN FINANCE & PUBLIC DISCLOSURE BOARD . 3FEDERAL OFFICES . 4HENNEPIN COUNTY, BLOOMINGTON, MINNEAPOLIS & MINNEAPOLIS SCHOOLS . 4FILING FOR OFFICE & CAMPAIGNING INFORMATION IS AVAILABLE ONLINE . 4TABLE OF CONTENTS5SUMMARY OF CHAPTERS 211A & 211B9FILING FOR OFFICE CHECKLIST . 9CHANGES IN ELECTION LAWS AND/OR RULES . 9CANDIDATE AND COMMITTEE QUESTIONS . 9CAMPAIGN CYBER SECURITY . 10NOTES & DECISIONS . 10CAMPAIGN FINANCIAL REPORTING CHAPTER 211A . 10WITH WHOM DO I FILE CAMPAIGN FINANCIAL REPORTS?. 11CAMPAIGN FINANCIAL REPORT CERTIFICATION OF FILING . 12ONLINE CAMPAIGN FINANCE FORMS . 12FEDERAL OFFICES . 12CAMPAIGN PRACTICES CHAPTER 211B . 12SOLICITATION OF CONTRIBUTIONS . 13CORPORATE CONTRIBUTIONS . 13REGULATION OF EXPENDITURES . 13ADVERTISING & LITERATURE REQUIREMENTS. 14IMPROPERLY INFLUENCING VOTERS . 15ELECTION DAY ACTIVITIES . 16VIOLATIONS OF CHAPTER 211B. 16CHAPTER 211A CAMPAIGN FINANCIAL REPORTING17211A.01 DEFINITIONS . 17211A.02 FINANCIAL REPORT . 17211A.03 FINAL REPORT . 19211A.04 SECRETARY OF STATE’S DUTIES. 19211A.05 FAILURE TO FILE STATEMENT. 19211A.06 FAILURE TO KEEP ACCOUNT; PENALTY . 20211A.07 BILLS WHEN RENDERED AND PAID . 20211A.08 PROSECUTION . 20211A.09 FORFEITURE OF NOMINATION OR OFFICE . 20211A.10 DISQUALIFIED INDIVIDUALS NOT TO HOLD VARIOUS POSITIONS . 21211A.11 PENALTIES FOR VIOLATIONS . 21211A.12 CONTRIBUTION LIMITS. 21211A.13 PROHIBITED TRANSFERS . 22211A.14 CONTRIBUTIONS AND SOLICITATIONS DURING LEGISLATIVE SESSION . 22Office of the Minnesota Secretary of State2020 Campaign Manual5

CHAPTER 211B FAIR CAMPAIGN PRACTICES23211B.01 DEFINITIONS . 23211B.02 FALSE CLAIM OF SUPPORT . 24211B.03 USE OF THE TERM REELECT . 24211B.04 CAMPAIGN MATERIAL MUST INCLUDE DISCLAIMER . 25211B.045 NONCOMMERCIAL SIGNS EXEMPTION . 26211B.05 PAID ADVERTISEMENTS IN NEWS . 26211B.06 FALSE POLITICAL AND CAMPAIGN MATERIAL . 27211B.07 UNDUE INFLUENCE ON VOTERS PROHIBITED . 29211B.08 SOLICITATION OF CONTRIBUTIONS PROHIBITED . 29211B.09 PROHIBITED PUBLIC EMPLOYEE ACTIVITIES . 30211B.10 INDUCING OR REFRAINING CANDIDACY; TIME OFF FOR PUBLIC OFFICE MEETINGS . 30211B.11 ELECTION DAY PROHIBITIONS . 30211B.12 LEGAL EXPENDITURES . 31211B.13 BRIBERY, TREATING, AND SOLICITATION . 32211B.14 DIGEST OF LAWS. 33211B.15 CORPORATE POLITICAL CONTRIBUTIONS . 33211B.16 PROSECUTION . 36211B.17 FORFEITURE OF NOMINATION OR OFFICE; CIRCUMSTANCES WHERE NOT FORFEITED . 36211B.18 DISQUALIFIED CANDIDATE NOT TO HOLD VARIOUS POSITIONS . 36211B.19 PENALTIES FOR VIOLATION . 37211B.20 DENIAL OF ACCESS BY POLITICAL CANDIDATES TO MULTIPLE UNIT DWELLINGS. 37211B.205 PARTICIPATION IN PUBLIC PARADES . 38211B.21 APPLICABILITY. 38211B.31 DEFINITION . 38211B.32 COMPLAINTS OF UNFAIR CAMPAIGN PRACTICES . 38211B.33 PRIMA FACIE REVIEW . 39211B.34 PROBABLE CAUSE HEARING . 39211B.35 EVIDENTIARY HEARING BY PANEL . 40211B.36 PROCEDURES . 41211B.37 COSTS ASSESSED. 41RELATED LAWS - SELECTED PROVISIONS4310A.01 NON-CAMPAIGN DISBURSEMENT . 4310A.121 INDEPENDENT EXPENDITURE AND BALLOT QUESTION POLITICAL COMMITTEES AND FUNDS . 4410A.20 CAMPAIGN REPORTS . 4510A.273 CONTRIBUTIONS AND SOLICITATIONS DURING LEGISLATIVE SESSION . 4910A.31 DESIGNATION OF INCOME TAX PAYMENTS . 5010A.38 CAPTIONING OF CAMPAIGN ADVERTISEMENTS . 50160.27 PARTICULAR USES OF RIGHT-OF-WAY; MISDEMEANORS . 51160.2715 RIGHT-OF-WAY USE; MISDEMEANORS . 51200.02 DEFINITIONS . 51204C.035 DECEPTIVE PRACTICES IN ELECTIONS . 53204C.06 CONDUCT IN AND NEAR POLLING PLACES . 53204C.35 FEDERAL, STATE, AND JUDICIAL RACES . 54204C.36 RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND MUNICIPAL ELECTIONS . 56209.02 CONTESTANT; GROUNDS . 58209.021 NOTICE OF CONTEST. 58Office of the Minnesota Secretary of State2020 Campaign Manual6

FILING FOR OFFICE CHECKLIST59AFFIDAVIT OF CANDIDACY. 59NOMINATING PETITIONS AND PETITIONS IN PLACE OF FILING FEE. 60FILING FEES . 60PROOF OF LICENSURE. 60BEFORE LEAVING . 60AFTER FILING . 60WITHDRAWALS . 61INDEX63CAMPAIGN FINANCIAL REPORT (PHOTOCOPY VERSION)65CAMPAIGN FINANCIAL REPORT INSTRUCTIONS. 66CAMPAIGN FINANCIAL REPORT CERTIFICATION OF FILING67Office of the Minnesota Secretary of State2020 Campaign Manual7

Office of the Minnesota Secretary of State2020 Campaign Manual8

SUMMARY OF CHAPTERS 211A & 211BThis section provides an easily understandable digest of Chapters 211A and 211B. As a digest, it should not beused as a substitute for the requirements imposed by the text of Chapters 211A and 211B, which arereproduced in this booklet.FILING FOR OFFICE CHECKLISTA “filing for office” checklist can be found in this manual. It is a generic list for all Minnesota offices. The list’spurpose is to let you know what to “generally” expect when filing for an office, important items to remember tocomplete before leaving the filing event and what to expect after you have filed for office.There are more specific items related to each office sought. Before filing, it is strongly encouraged to contact thefiling officer (usually the clerk of the jurisdiction – see page 11) and obtain all the specific procedures and formsrelated to “filing” for that office for that election.Note: Candidates are solely responsible for meeting the legal requirements of the filing process as provided inMinnesota Election Law. Minnesota Election Law is the final authority in all matters, not the checklist providedin this guide.CHANGES IN ELECTION LAWS AND/OR RULESCandidates are responsible for familiarizing themselves with any changes in all laws; especially those related toall elections, campaigning and candidate filing. The Minnesota Legislature was in session when this booklet wasproduced. Changes made to Chapters 211A and 211B or other related laws finally enacted on or after May 1,2020 and before the next production of this booklet, will be posted on the web site of the Minnesota Secretaryof State at the Additions to Campaign Manual webpage tations for relevant court decisions received f

State of Minnesota . CAMPAIGN MANUAL . CAMPAIGN FINANCIAL REPORTING & FAIR CAMPAIGN PRACTICES . Minnesota Statutes, Chapters 211A and 211B, including related laws and summary . Office of the Minnesota Secretary of State . 180 State Office Building . 100 Rev. Dr. Martin Luther K