HomeMy WebLinkAbout1992 Minnesota Campaign Manual •
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M II.I�E S OT A •
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CAM : :.
• . MANUAL 1992 . . , .
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• . Ca Fi na ncial .
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Reporting :and .
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F air Campaign , . • . • .. . . . .
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Practices .
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• Min nesota Statutes Chapter 211 A and 21:1 B
including summary and• annotations • .. , . •
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• Sec of State .
' . ' • Election Division• ' • I
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St Paul, MN 55155-1299 , . . • , - .
(612)296 -2805 . . . •
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'•:'•• • • • • ' • 1992 hfifillesota Campaign Manual • • ' . -
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• . • : PREFACE • • • ..
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• TABLE 0.1F. .CONTENT
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• • PREFAC • • • f •a• • ' • • ' '' 7 * • . •.. • . . .. . . i • .. . .
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the Secretary .
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of State to publish au easily understandable
ki ... . .. pqrr 1::: SU:AilU kR A r4 . , T ... I 9" . . S . . ...:::......, . ... • ... ••••••..... . .'. • ..- ...
- - ann of . 211A and 211B. of our .staUltea• ..Ini..• • a haa.
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con tains the requited digest, Chapters 21
of Chapters 211A and 21 TB and anno . . : ..
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JO . , . • . : .. 013110 . b . U CTI ON ... .
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. -. . .. . pr c pro v i s i ..comparable to 211A aU(1.ro fonner Chapter 210A, known as the FairC 211B: The
111A and • . ' •:. • .CAmpAIGN FINASIC* 7 C... :. .. ., .. R .., :; •. .• . •
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.. • ' • • 21CiA.annotationiareptoirided . me because . the " ' ann otations to -• ..- ''' ' o w ' ' '''' 210A may, : . .
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. CES -• CHAPTE . ..
. " •• • • 2116 have not yet been ..:J.-fil ea ns 1 : 21 ed . • :•;. . ... ta o r m c , . ,
.. • . :FAIR CAMPAIGN 'T C P_ ..
. - ' • ''• .: •• 4 instancesiplaVide gmdance Kw In
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, ... ::-., .. •:,. ; : •• .. i IA on o, * p r . .... , 0 . • e. : n'i ,, :17.eq •or..o.f other .. ,. .......,.. ., . .
. ••• • . • 7. 211B . • • .. .. 2 . ..
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. ' . . . . e ee suPPWing c° - ' ?. .. M .. - ' - : Candklates and corn- ,
4:: •••• di' ' .c. 13:. Ej o Its
■ ' ' • :::47":' :: : —1111 t.):• lliniqueelstiPa:1;liP"Cili . .. • • Solicitation :of Contributions
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...-; ' • • " ••,••.*: • •• •.,...,•• ...r• . 'lLti. ••i ..'sloi..canilida!es fig. offic a44 .'. • •••••••• e.•giaated.b y'Clutpter• . - • • • •••• ' . -' • Advertising . and Literature . .
• - • ture Reqtureme . , •
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-., ••• I. 1 • initte • -• • • • ..• - .. - '•:' ' .. • - ' . - . • .... v .,, ••• •• • • ...• .. - • .' • •
..... 1.11ci " ..1111. ‘'al 111:11‘ v& • • didates for ci,td,.. ce are no ; ,........ ..:,.., • ... „ .... . . • •., , . . -
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• • ••• • . ... Re of Elx ' o a t • . • hts .. .. .
• e' Improperly Influencing . .... : . .. • . : . • . . 6 •
••-•••••`' : '21.1A. ...; .. • • • • • - - • ' , Is '.. ••• • .......... . . .. . .... :..,1. ... . ,.... ... . .
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•'•••• . t .... •'. •• • • ' . •• ' --. 4ii .• •fl• reifils . it xiiii0tY •Pf.. campaig _ . P e ••'- , .. H itiaident., and ..'. .• •• •
,.. - ''• ... : . ;.: : • . '.; -., .., c... ,, .• - • t f or President and 'ice • 1 . .... ,. , ... •,,, .. ..., ,
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1 . • • h •••• 'ideal candidates, =cep . ..... ,....,...., .., .
• • ...:. • •.‘,.7 • • fed9',.... .. • .••• :.L.L. • - : . ... 0, ..• :ettitth;• . .i 411140' Feglija--al. - -I.,' -7- ....... '.. •;•• • • - a fitutional• . • • .. • ./.: ' . . El Vi ecti olat t io n n i . ) s 4 4 AChact:pvlie2s, • • •
1113 . . .
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•'• - •• - • s (... ', •cointn.litea'sn '• ! ' . ° : 5 ••• 4 :-, . ..-...• -.. ai i • . •••:. itimilifiat:• , 9 SP4.!•CoPp ' . . .. .,. -....:4 ,
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• PART li: .MINNESOTA STATUTE$,, CHAPTERS 211A A 77 .,
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..... " -:;- •: ., ;..): 4,.. - me--4ffile Ii...tag : : ' .1-.-• ::.:::, :. ...,: , ....... - ::::; :: :', :: :f : :• . ..:....•• • .. .. - .... onsfitu,. ...y ....,..... . . . . • • .. ...01A .._ 1t 2.1.4.- CAMPAIGN tiqNFINAN'AL REPORTING . 9
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. : ......-... .. ' '' '''' '-'. • ii certain' ' • diseldslue' - alof•tandidates or • .. • te ... : , .., .. . . . . . . ..
: ia
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•Dtfinitions • . . -
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•• ••:•"' •••`••••••••-• '. .03114; state kg .-...,•':. ' • .i.. • '. •• aro iteirkitated b.y..c ,ft .... ..658 ••• . .. • , ,...„.. ,.,,: ,.... .. . • ... F . ci.eport .id Report • . ..
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• ' .- • - , -- • •••• - ••• • ' • • wafti haLamen' " ° • ' - - - .
• '... • .. • • Board, • i • .: • - • o : . . .: . . ..: .
.. .. . .. fr . D °se. emisti ° • • • • • • • b . • ..EtheatPractices Grd,. , ,,_ . . . . . .
• Report .. . . .
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• • • - • • !-....! . . Or.. °. Z• • •. •:••••• .. .• , ••- tb -vie , , , 0 • 0 esota. i ..• • . .. • • • - •• -. , • , ' • .• .. S . : cf State's DUiles -. •
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..;, : .. -• '' .. .,........... •••:•-:./ • • .',. ••:. ti . 5.C•15,5 , (412)296 1....43 Fmal .. . • . .• .. .:.:. ...._ . :•.....,.... . • ., .. . •: . • . . . •
'..'...-:;-• --:.' :•.::•;...• tt.;•.t.f.Tittgi„.Willer:.. ...; Y .: .:.' i •.... : , -.......• - 1 ; . ..- ... , : - .. ...:-- . • . it .. . i . . .
Failure to File Statement 11
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,.'•.•,. i • ....: ' '':..1•; • • .; .;i." '.•„,....: • ,.' ,•:,„:. ••.,*-••, 4.• •:• ..,.*. P .edisclosufes a :. , - , Senator, .. •.• .. .• and . ..,.. . . . • • -
• ..Failure to Keep Account, Penalty •Id . • . . • •
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' ' -' ' '-' • •"' CiinPalgmun''°•--• •11)'.. • d* de I; enitedStates S.an e
... ,...• 5 . .-. . • Bills When Rendered !nu. A. al 12
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County •AtarneY•fnquiU 12
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. •••• ... ' '.... S • ...s- President 7,..f P and and Vi d C ": 6 1 : ect6r41 Pre % . .side I nt.... 0 41 the.. . • .: .. ;. ,. ,.• ..... -
..• ; .,....:,i: , , .discloiute .: • .• o' • ':•;.•exe01? .. esota. :• • _ Dts Ab ,t-.. D • • •:inst,4 Pin
• Hold
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... . „ ti FOlf sg e u iture s of I l:o di l vi i• d u : ; : d o s n N o p f• to
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... ; •••• . • • Secretary a S tate, att5I! •-• ' a . I, The ...._ , ; ., . t Co t ,.. . soli,. 99? E ... '. ' .. ' Disqualified - ' . :": ' • •• - - b .:. • 1, - • 211A.. Thp r" ' '_ 7 .:.. , ,
reg. ,;.cli • y 0 , •
e . diaws.. The :. ° °° • ' • sawn Penalties for Violations 13
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Office 12
Various Positions : . . 1 13 • . . .
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" ; . '''• ''' • • ..` toll free mi'Q .00 Alimui . i .
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- • • CHAPTER 211B - C:AMP -• AIGNPRA7n c
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. . . s of! . .: o a esota Statutes 211B.14. . •• -
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Campai gn Literature Must IncluCle•Disc laimer 16 . ...
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1992 Minnesota Campaign Manual 1992 Minnesota Campaign Manual
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Nonc Signs Exemptions 17 . PART I - SUMMARY AND ANNOTATIONS •
Paid Advertisements in News ' . 17
. False Political and Campaign Material; Penalty; Exceptions 17 • •
Undue Influence on Voter 18 INTRODUCTION
. Solicitation of Contributions Prohibited 19.
Prohibited Public Employee Activities - • 19 • This section provides an easily understandable digest of Chapters 211A and
Inducing or Refraining Candidacy; Time Off for Public Office 19 211B. As a digest, it should not be used as a substitute for the requirements
Meetings imposed by the text of Chapters 211A and 211B, which are reproduced in this
• - Election Day Prohibitions 20 booklet. .
• • Legal Expenditures . 21
Bribery, Treating, and Solicitation 21 CAMPAIGN ]FI[NANCIA]L REPORTING •
Digest of Laws 22. CHAPTER 211A
• Corporate Political Contributions • . 22 .
• County Attorney Inquiry; Associate Counsel • 24 Chapter 211A generally regulates campaign finance reporting of candidates
Forfeiture of Nomination or Office; Circumstances Where Not 24 ° for county, municipal, school district or other political subdivision offices, •
. Forfeited excluding judicial offices. This chapter also applies to committees acting to
Disqualified Candidate Not to Hold Various Positions 25 influence the nomination, election or defeat of a candidate or to. promote or
Penalties for Violation 25 defeat a proposition to be voted on in any political subdivision. •
Denial of Access by Political Candidates to Multiple Unit 25 • Candidates and committees must file according to M.S. 211A.02 a financial
Dwellings ' report:
Applicability • . 26 (1) within 14 .days after receiving contributions or making disbursements
of more•than $750 in a calendar year and •
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. -(2) by January 31 of each year following the year when the initial report
• was filed. . •
• • , In addition, in a year when the candidate' s name or a ballot question appears '
on the ballot, a report must be filed:
• • (1) ten days before the primary or special primary; - '
• • . • (2) ten days before the general election or special election; and
• • (3) thirty days after a general or special election.
A final report may be filed at any time after all debts have been settled and
• • all assets in excess of $100 in the aggregate are disposed of. Candidates and
• committees file reports with the filing officer. Committees organized to
• • promote or defeat ballot questions not voted on by all voters of the state are .
• • . required to file reports with the officer authorized by law to place a •question
on the ballot.
• The financial reports must include the total amount of receipts and expen-
I ditures for the period from the last previous report to five days before the
• current report is due, the purpose for each expenditure and the name of any
. individual or committee that during the year has made one or more contribu-
• lions that are in the aggregate $500 or more. Blank reporting forms are
available from the county auditor.
. For municipal elections, these reporting requirements are in addition to
• - municipal charter reporting provisions and county special laws. The reporting
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1992 Minnesota Campaign Manual 1992 Minnesota Campaign Manual •
requirements do not replace special laws providing reporting requirements for 211B. It also regulates committees acting to influence the nomination, election •
a municipality. M.S. 211A.02, subd. 3. or defeat of a covered candidate or to promote or defeat a ballot question.
Federal laws set out reporting requirements for federal campaigns. The .
Federal Election Commission, not the Secretary of State, administers the SOLICITATION OF CONTRIBUTIONS
federal laws. Reports on campaigns for the U.S. House and Senate must be
submitted to the Secretary of State, and the reports required by federal laws M.S. 211B.08 generally prohibits a religious, charitable or educational
may be used to satisfy the state requirement. M:S. 211A.02, subd. 4. organization from soliciting a contribution from a candidate or committee. It
A candidate who intentionally fails to file a required report, a committee does not apply to certain business advertisements, regular payments by a
that fails to file a required report, and an officer who issues a certificate of i candidate to an organization to which he was a member or contributor for more
election to a candidate knowing that the candidate has not filed a financial . than six months before candidacy or ordinary contributions at church services.
statement are subject to a misdemeanor penalty. In addition, a winning It is also illegal for a person to knowingly solicit,. receive or accept any
candidate who violates Chapter 211A is subject to forfeiture of the nomination money, property or other thing of monetary value that is a disbursement
or office under certain circumstances. M.S. 211A.09. prohibited by certain sections of Chapter 211B. M.S. 211B.13, subd. 2.
A county attorney, upon notification by a filing officer that a required report .
has not been filed, must notify the appropriate candidate or committee of the CORPORATE CONTRIBUTIONS
• failure to file. If the required report is not filed within ten days after notifica- . .
tion is . mailed, the county attorney is required to promptly investigate and M.S. 211B.15 prohibits corporations organized for profit and doing busi-
prosecute the alleged offender, if there is,probable cause to do so. ness in Minnesota from directly or indirectly contributing anything of
• Anyone, except the person under investigation or the person's agent, may . monetary value to a major political party, organization, committee, or in-
employ an attorney to assist the county attorney in investigating or prosecuting dividual to promote or defeat the candidacy of an individual for nomination,
' violations of Chapter 211A. A prosecution may not be dismissed without prior • election or appointment to a political office.
notice to the attorney, who shall be recognized as associate counsel. M.S. Corporations may make contributions or expenditures to promote or defeat
211A.08, subd. 2• . a ballot question, to place a question on the ballot or to express its views on
A candidate whose election has been set aside because of a violation of issues of public concern.
Chapter 211A may not be appointed to fill- the resulting vacancy during tfie Corporations may contribute to or conduct public media projects to en-
term of the office sought. Any person convicted of a violation of Chapter 211A . courage individuals to attend precinct caucuses, register or vote, providing the
may not be ,appointed to fill a vacancy in the office during the term of the projects are not controlled by or operated for the advantage of any candidate, •
office for which the election was held and is not qualified to all a vacancy in 1 political party or committee. Corporations may provide 'meeting facilities for
any office for which the legislature may establish qualifications under Article committees, political parties or candidates on a nondiscriminatory and non-
XII, Section 3, of the Minnesota Constitution. M.S. 211A.10. preferential basis. Corporations selling products or services to the public may
Any person who receives money for a committee is subject to a mis- post notices on their public premises promoting participation in the precinct
• demeanor penalty for failing to keep a correct account as required by law or caucuses, voter registration or voting, provided these messages are not.con-
. mutilating, defacing or destroying an account record, if any of these acts are • . trolled - or operated for the advantage of any candidate, political party or
• done with the intent to conceal certain information. M.S. .211A.06. • • committee.
A person who . has a bill, charge or claim against a committee must render • In connection with permitted media projects and posted notices, the total
it in writing to the committee within 60 days after the material or service is . amount of any expenditure or contribution or any project which exceeds $200
provided. Payment is prohibited on a bill, charge or claim presented after 60 must be reported to the Secretary of State, together with the date, purpose and
days. M:S. 211A.07. names and addresses of the persons receiving the contribution or expenditures.
The reports must be filed on a form provided by the Secretary of State on the
FAIIR CAMPAIGN PRACTICES • dates required for committees to file financial reports.
CHAPTER 2IlIl113 • 1 REGULATION OF EXPENDITURES
Chapter 211B regulates a variety of campaign practices and applies to all Spending limitations-amount. Chapter 211B does not limit the amount of
. federal. state and local candidates, except candidates for president and vice- campaign spending.
president. Judicial and school district candidates are covered by Chapter
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1992 Minnesota Campaign Manual 1992 Minnesota Campaign Manual
Spending. limitations- purpose. The law limits the purpose for which ADVERTISING AND LITERATURE REQUIREMENTS . •
candidates and committees may spend money. •
The permitted purposes, which are set forth in M.S. 211B.12, include • •All printed material written or distributed by a candidate or committee is
salaries, communications, campaign advertising, printing, office space and . subject to the section on false political and campaign material. M.S. 211E3.06.
equipment, a limited amount of charitable contributions and other expenses Under that section, a person who intentionally participates in the preparation;
related to the conduct of election campaigns. dissemination or broadcast of paid political advertising or campaign material
To give or promise to give any thing of monetary value to any person for . with respect to the personal or political character or acts of a candidate or with
the purpose of inducing a voter to refrain from voting or to vote in a particular respect to the effect of a ballot question which is designed or tends to elect,
way is a felony. An exception is made for refreshments of food and nonal- defeat or injure any candidate is guilty of a gross misdemeanor if the. person .
. coholic beverages of nominal value consumed on the premises at a, private knows or has reason to believe it is false. A person who intentionally
gathering or public meetings. M.S. 211B.13, subd. 1. participates in drafting a letter to the editor known to be false concerning the
' Whether an item constitutes a "thing of value" is discussed in an opinion of personal or political character of a candidate or acts of a candidate, if
the Attorney General which states (Op. Atty. Gen. 627f -1, April 25, 1938): - . defamatory, or the effect of a ballot question may under certain circumstances
' be subject to a misdemeanor penalty. This statute does not apply to a person .
"...(W)hether packets or books of matches are things of value ...involves a question of fact or organization whose sole act is, in the normal course of their business, to
which this office has no authority to determine." "We may say, however, that if such
articles have any material value for any purpose other than simply as a medium for carrying i print, manufacture or disseminate false information.
• advertising matter, they come under the ban of the statute." Advertisements. M.S. 211B.05 requires every advertisement in a
. newspaper, periodical or magazine to include the words "PAID ADVERTISE -
"This office has expressed the opinion that if a person.distributes; in an election campaign, MENT:" Radio, television and cable systems have similar requirements. The
articles which may possibly have some value other than as an advertising medium, such . { amount charged for the advertisement must be the same as for any other
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as packets or books of matches, relying on the belief that their value is so slight that they political candidate and no greater than charges for comparable purposes. The
will not be considered a "thing of value ", such person must take the chance of having the '
legality of so doing questioned in a criminal prosecution or an election contest." name of the. candidate and the committee that prepared and paid for the
• i advertisement must be 'included at the beginning or end of the advertisement.
•
Here are some decisions and other opinions relating to a similar prior statute: M.S. 211B.05, subd. 3, prohibits any employee of a newspaper, periodical,
magazine or broadcaster from soliciting or receiving any payment or promise
• The purpose of influencing voters is the poison which the Fair Campaign Practice Act is • • of payment for influencing or attempting to influence voting through printed
• aimed at, and in the absence of such purpose, a gift is not considered to be a violation of I or broadcast matter except as a paid advertisement.
, the act. (Engelbert v. Tuttle, 185 Minn. 608, 242 N.W. 425). Where a gift won at a church Other printed literature. Printed matter other than newspaper advertise -
bazaar by acandidate's wife was later returned to the church treasury and no publicity was ; _ ments are subject to similar requirements. M.S. 211B.04 requires that the
given to the returning of this gift, the court said that no intent to influence voters could be name and address of the person or committee causing the material to be
found. •( Engelbert v. Tuttle, supra). Where a candidate attended showers for friends and ,
presented gifts that were similar with respect to the character and cost of those given by prepared or disseminated appear prominently on the.material. This provision
other invited guests, the court said that the giving of such gifts could not be considered as does not apply to objects stating only the candidate' s name and the office
an act done with intent to influence voters. ( Engelbert v. Tuttle, supra). ' ' sought, fundraising tickets, or personal letters that are clearly being sent by
• , • the candidate.
A candidate furnished drinks of liquor to voters and at the same time asked them to vote
for him The court said that a candidate for public office who, during his campaign, solicits IMPROPERLY INFLUENCING VOTERS '
the vote of an elector and at the same time gives him intoxicating liquor, brings.hifiself
clearly within the prohibition of the statute. A contention that such acts on the part of a •
candidate amounted to mere hospitality or that they were trivial and unimportant cannot ' Bribery. As stated previously, there is a prohibition against giving any thing
be sustained. (Miller v. Maier, 136 Minn. 231,161 N.V. 513). It is not legal fora candidate of monetary value to any person for the purpose of influencing that person' s
to give away cigars in the election room while the polls are open. (Op. Atty. Gen. 627f -1, vote. M.S. 211B.13. •
. March 20,1917). The distribution by a candidate of free tickets to a county fair admitting Threats, force, undue influence. M.S. 211B.07 makes, it illegal for any
children under 12 years of age free is, a violation of this section. (Op. Atty. Gen. 627f -1, •
person . to threaten, coerce or unduly influence another in order to compel
June 3;1930). I • another to vote for or against a candidate or ballot question.
• Promise appointments. No person, in order to promote a candidate's
• . nomination or election, may directly or indirectly promise to appoint or
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• 1992 Minnesota Campaign Manual 1992 Minnesota Campaign Manual
employ another person. M.S. 211B.13, subd. 1. This statute does not prohibit M.S. 211B.16 requires that a county attorney who is notified of an alleged
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a candidate from publicly expressing a preference for any other candidate to violation of Chapter 211B must promptly investigate and, if there is probable '
be voted on at the same primary or election. cause to prosecute, proceed by complaint or by presenting evidence to the . .. ,
Influencing others. A person may not make any direct or indirect threat of grand jury.
harm, economic reprisal or certain' other threats against an individual to vote. . Any citizen, other than the person under investigation or the person' s agent,
for or against a candidate or ballot question. M.S. 211B.07. S may employ an attorney to assist the county attorney. This assistant, recog-
Transporting voters. Under M.S. 211B.11, subd. 3, it is illegal fora person 1 nized as associate counsel, must be notified before any action is dismissed. If
. transporting a voter to the polls to induce or persuade a voter to vote or refrain
•
the associate counsel objects to dismissal, a court must hear the county
from voting for a candidate or ballot question. attorney's reasons for favoring dismissal and the associate counsel's reasons .
' Influencinga person's candidacy. M.S. 211B.10, subd. 1, forbids the use for objecting to dismissal: •
• of any promise or reward to induce a person to become a candidate, refrain Penalties. Unless•otherwise stated, the penalty for violating Chapter 211B
from.being a candidate or cease being a candidate. • • is a misdemeanor, punishable by imprisonment for not more than 90 days or
False claim of party support. No.person shall knowingly falsely claim or a fine of not more than $700, or both. In addition the person convicted may
imply that a candidate has the support or endorsement of a major political forfeit the nomination or office. M.S. 211B.17, subd. 1. The convicted person
party or party unit of an organization. M.S. 211B.02. may not be appointed to fill a vacancy in the office for which election was
Use of "reelect." A person may not, in the event of redistricting, use the sought and is not qualified to fill a vacancy in any office for which the
term "reelect" in a campaign for elective office unless the candidate is the legislature may establish qualifications under Minn. Const. art. X11,3. M.S.
incumbent of that office and the office represents any part of the new district. 211B.17. -
M.S. 211B.03. The prohibition on holding office does not limit the ability of each house
. Campaigning in multiple -unit dwellings. Candidates with or without their of the legislature to judge the election returns and eligibility of its own
workets may not be denied access to multiple -unit dwellings to campaign. A members. •
resident may deny admittance . to his or her dwelling, identification may be Circumstances where nomination or election not forfeited. M.S.
required, visits to certain persons may be denied for health reasons, limits may. 211B.17, subd. 2, sets forth certain situations in which the nomination or •
be put on hours and numbers of campaigners, appointments may be required election of the candidate shall not be.set aside as a penalty for violating Chapter
• and campaigners may be- denied admittance or expelled for good cause. A 211B.
violation of this section is a petty misdemeanor. M.S. 211B.20. - • •
• � ELECTION DAY ACTIVITIES - •
The law strictly limits.the campaign activities conducted on election day.
In addition to items listed previously, it is illegal, on election day, to: ! .
* Distribute or broadcast campaign material. M.S. 211B.11, subd. 2; '
* Seek to. induce or persuade any voter to vote in a certain way or refrain from voting
• within 100 feet of the building in which a polling place is situated. M.S. 211B.11, subd. . .
1; I
• * Wear any political badge, insignia or button at or about the polls or provide any such
badge, insignia or button. M.S. 211B.11, subd. 1. - •
•
VIOLATIONS OF CHAPTER 211B ' • - • -
Violations of Chapter 211B entail criminal penalties. A conviction on , • • : 1 .
• cr charges for violating its provisions may forfeit a winner's nomination
or election. In addition to these penalties, the violator, if he has won • the • -
- election, is prohibited from being appointed to the office sought during the � -
term of the office with respect to which the election was held. .
6 7
1992 Minnesota Campaign Manual 1992 Minnesota Campaign Manual
NOTES PART 11: MINNESOTA STATUTES, CHAPTERS . .
• 211AAND211B . •
CHAPTER 211A •
• CAMPAIGN FINANCIAL REPORTING
211A.01 DEFINITIONS. • .
• Subdivision 1. Application. The definitions in chapter 200 and this section
• apply to this chapter.
' Subd. 2. ]Ballot question. "Ballot question" means a proposition placed on
. - the ballot to be voted on by the voters of one or more political subdivisions
but not by all the voters of the state. -
• • Subd. 3. Candidate. "Candidate "• means an individual who seeks nomina-
• , lion or election to a county, municipal; school district, or . other political
subdivision office. This definition does not include an individual seeking a
• - judicial office. For purposes of sections 211A.01 to 211'A.05 and 211A.07,
"candidate" also includes a candidate for the United States Senate or House • • - of Representatives. .
. • . • . Subd. 4. Committee. "Committee" means a corporation or association or
• persons acting together to influence the nomination, election, or defeat of a
• candidate or to promote or defeat a ballot question.. Promoting or defeating a
• ballot question includes efforts to qualify or prevent a proposition from •
• • qualifying for placement on the ballot. .
.. Subd. 5. Contribution. "Contribution" means anything of monetary value
•
. - that is given or loaned to a candidate or committee for a political purpose. .
• • . • • "Contribution" does not include a service provided without compensation by
• an individual. •
. Subd. 6. • Disbursement. "Disbursement" means money, property, office,
• position, or any other thing of value that passes or is directly or indirectly
conveyed; given, promised, paid, expended, pledged, contributed, or lent.
• , "Disbursement" does not include payment by a county, municipality, school
• . - district, or .other political subdivision for election - related expenditures re-
'
' quired or authorized by law. . .
• Subd. 7. Filing officer. 'Piling officer" means the officer authorized by
law to accept affidavits of candidacy or nominating petitions for an office or
. • . • the officer authorized by law to place a ballot question on the ballot.
• ' . ' Subd. 8. Political purposes. An act is done for "political purposes" if it is
. • • of a nature, done with the intent, or done in a way to influence or tend to
- influence, directly or indirectly, voting at a primary or an election or if it is
done because a person is about to vote, has voted, or has refrained from voting
. , at a primary or an election.
' History: 1988 c 578 art 2 s 1; 1990 c 453 s 22
. - 8 9 .. •
1992 Minnesota Campaign Manual . 1992 Minnesota Campaign Manual
211A.02 FINANCIAL REPORT. contained in the financial statements required by section 211A.02 for the
• Subdivision 1. When and where filed by committees. (a) A committee period from the last previous report to the date of the final report.
• or a candidate who receives contributions or makes disbursements of more • History: 1988 .c 578 art 2 s 3 .
than $750 in a calendar year shall submit an initial report to the filing officer •
• within 14 days after the candidate•or committee receives or makes disburse- 211A.04 SECRETARY OF STATE'S DUTIES. •
vents of more than $750 and shall continue, to make the reports listed in. Subdivision 1. Report forms. The secretary of state shall prepare blanks
. paragraph (b) until a final report is filed. for reports required by. section 211A.02. Copies must be furnished through
(b) The committee or candidate must file a- report by January 31 of each the county auditor or otherwise, as the secretary of state finds expedient, to a
year following the year when the initial report was filed and in a year when committee upon request or to a candidate upon filing for office. •
the candidate's name or a ballot question appears. on the ballot, the candidate Subd. 2. [Repealed, 1992 c 513 art 3 s 79]
• or committee shall file a report: History: 1988 c 578 art 2 s 4
(1) ten days before the primary or special primary; ; • .
(2) ten days before the general election or special election; and ' 211A.05 FAILURE TO FILE STATEMENT. .
• (3) 30 days after a general or special election. Subdivision 1. Penalty. A candidate who intentionally fails to file a report
Subd. 2. Information required. The report to be filed by a .candidate or required by section 211A.02 is guilty of a misdemeanor. The treasurer of a
committee must include: committee formed to promote or defeat a ballot question who intentionally
(1) the name of the candidate or ballot question; - fails to file a report required by section 211A.02 is guilty of 'a misdemeanor.
(2) the name and address of the person responsible for filing the report; Each candidate or treasurer of .a committee formed to promote or defeat a
(3) the total amount of receipts and expenditures for the period from the last ballot question shall certify. to the filing officer that all reports required by
• previous report to five days before the current report is due; section 211A.02 have been submitted to the filing officer or that the candidate
(4) the purpose for each expenditure; and • • or committee has not received contributions or made disbursements exceeding
• (5) the name of any individual or committee that during the year has made $750 in the calendar year. The certification shall be submitted to the filing .
one or more contributions that in the aggregate are equal to or greater than officer no later than seven days after the general or special election. The
. • $500. secretary of state shall prepare blanks for this certification. An officer who
Subd.. 3. Municipal charter provisions and special laws saved. The issues a certificate of election to a candidate who has not certified that all
provisions of this section requiring the filing of reports' are in addition to the - reports required by section 211A.02 . have been filed is guilty of a mis-
. provisions of any municipal charter requiring the filing of reports in connec- • demeanor.
• • tion with a municipal primary, general election, special primary, or special Subd. 2. Notice of failure to file: If a candidate or committee fails to file
election, but they do not replace special laws providing filing requirements. , a report on the date it is due, the filing officer shall immediately notify the
for a municipality: ' • . county attorney of the county where the candidate resides or where the
. Subd. 4.• Congressional candidates. Candidates for election to the United I committee headquarters is located. The county attorney shall then immedi-
States House of Representatives or Senate and any political committees raising ately notify the candidate or committee of the failure to file. If a report is not
money and making disbursements exclusively on behalf of any one of those ; filed within ten days after the notification is mailed, the county attorney shall
candidates may file copies of their financial disclosures required by federal 1 proceed under section 211A.08.
. law in lieu of the financial statement required by this section. . History: 1988 c 578 art 2 s 5; 1989 c 291 art 1 s 31
History: 1988 c 578 art 2 s 2; 1989 c 291 art 1 s 30
NOTES AND DECISIONS
• NOTES AND DECISIONS • 211A.05 •
• 211A.02 - Coun omit name of a nominee from general election ballot because af-
fid avit of disbursements discloses disbursements in excess of amount allowed by law. Op. Atty. Gen. 627C -12,
In absence ofcannpaign finance disclosure statute applicable to municipality, ordinance providing for such
regulation is I?ible. Id September 29;1948.
.
211A.03 FINAL REPORT. 211A.06 FAILURE TO KEEP ACCOUNT; PENALTY.
A candidate or committee may file a final report when all debts have been A treasurer or other individual who receives money for a committee is guilty
settled and all assets in excess of $100 in the aggregate are disposed of. The of a misdemeanor if the individual:
final report may be filed at any time and must include the kinds of information (1) fails to keep a correct account as required by law;
•
(2) mutilates, defaces, or destroys an account record; or
• 1 '
10 11
1992 Minnesota Campaign Manual 1992 Minnesota Campaign Manual
(3) in the case of a committee, refuses upon request to provide financial connivance of the candidate, the court, after entering the adjudication of guilty, •
information to a candidate; and . ' shall enter a supplemental judgment declaring that the candidate has forfeited
(4) does any of these things with the intent to conceal receipts or disburse - the nomination or office. If the court enters the supplemental judgment, it
meats, the purpose of receipts or disbursements, or the existence or amount shall transmit to the filing officer a transcript of the supplemental judgment,
of an unpaid debt or the identity of the person to whom it is owed. the nomination or office becomes vacant, and the vacancy must be filled as •
History: 1988 c.578 art 2 s 6 provided by law. •
. Subd. 2. Circumstances where nomination or office not forfeited. In a
211A.07 BILLS WHEN RENDERED AND PAID. trial for a violation of this chapter, the candidate's nomination or election is
• A person who has a bill, charge, or claim against a candidate's committee , i not void if the court finds that:
shall render it in•writing to the committee within 60 days after the material or (1) an offense, though committed by the candidate or with the candidate' s
service is provided. A bill, charge, or claim that is not presented within 60 1 knowledge, consent, or connivance, was trivial; or
• days after the material or service is provided must not be paid. (2) an act or omission of a candidate arose from accidental miscalculation
. History: 1988 c 578 art 2 s 7 . or other reasonable cause, but in any case not from a want of good faith, and
that it would be unjust for the candidate to forfeit the nomination or election.
211A.08 COUNTY ATTORNEY INQUIRY. • Neither of these findings is a defense to a conviction under this chapter.
Subdivision 1. Duties of county attorney. A county attorney who is History: 1988 c 578 art 2 s 9
notified of an alleged violation of this chapter shall promptly investigate. If
there is probable cause to institute a prosecution, the county attorney. shall NOTES AND DECISIONS
proceed by complaint or present the charge with whatever evidence has been 211A.09
. To lawn Moulton v. Newton, . 274 must show omissions 4 .W. 2d (19 serious, and material violations of
found to the grand jury. A county attorney who refuses or intentionally fails
election law. Moulton v. Newoon, 274 Minn. 545,144 N.W. 2d 706 (1966).
to faithfully perform this or any other duty imposed by this chapter is guilty 257'(1953) nether acts complained of are trivial or unimportant, nee Baal` v. Egan, 240 Minn. 192, 60 N.W. 2d
of a misdemeanor and upon conviction shall forfeit office. The county . •
attorney, under penalty of forfeiture of office, shall prosecute all violations of 211A.10 DISQUALIFIED INDIVIDUALS NOT TO HOLD VARIOUS POSITIONS.
• this chapter except for a violation of this section; if, however, a complainant A candidate whose election to office has been set aside for a violation of
' desires to withdraw a complaint under this chapter, the county attorney is not . • this chapter may not be appointed, during the period fixed by law as the term
required to proceed with prosecution. # - of :the office, to fill a vacancy that may occur in the office. A candidate or .
' Subd. 2. Associate counsel. Anyone except the person under investigation other individual who is convicted of a violation of this chapter may not be
• or the person's agent may employ an attorney to assist the county attorney in • appointed, during the period fixed by law' as the term of the office with respect
the investigation and prosecution of a violation of this chapter. The county . to which the election was held and the offense was committed, to fill a vacancy
attorney and the court shall recognize the attorney as associate counsel for the in the office. An appointment to an office made contrary to this section is •
proceeding. A prosecution, action, or proceeding may not be , dismissed • void. •
without notice to the associate counsel. If the associate counsel objects to the A candidate or other individual who is convicted of a violation of this •
• dismissal, the county attorney's reasons for dismissal and the associate chapter is not qualified, during the period fixed by law as the terra of the office
counsel's objections must be filed with the court and heard within the time with respect to which the election was held and the offense was committed,
period the court requires. • to fill a vacancy in an office for which the legislature may establish qualifica-
History: 1986 c 444; 1988 c 578 art 2 s 8 lions under article XII, section 3, of the Minnesota Constitution.
• • , • History: c 578 art 2 s 10
NOTES AND DECISIONS :
211A.08 . • NOTES AND DECISIONS
' Attorney employed to assist county attorney is not required to conduct a private and independent investigation 211A.10
but may conduct same so as to enable attorney to present the county attorney relevant facts and names of wit- Legislature may regulate the exercise of the right to vote. This section held not to add to the constitutional
nesses capable giving competent testimony m proceeding. Op. Atty. Gen. 121A -1, September 26, 1952. qualifications for holding office. Saari v. Gleason, 126 Minn. 378,148 N.W. 293 (1914).
• County attorney may proceed by complaint and information rather than impaneling grand jury. Op. Atty. Gen.
627B -1, August 18,1966.
211A.11 PENALTIES.FOR VIOLATIONS.
211A.09 FORFEITURE OF NOMINATION OR OFFICE.. • A violation of this chapter for which no other penalty is • provided is a
. Subdivision 1. Forfeiture required. Except as provided in subdivision 2, • misdemeanor.
if a candidate is convicted of violating a provision of this chapter or if an History: 1988 c 578 art 2 s 11 •
• offense was by another individual with the knowledge, consent, or
.12 13. .
1992 Minnesota Campaign Manual 1992 Minnesota Campaign Manual
NOTES • CHAPTER 211B
• • FAIR CAMPAIGN PRACTICES .
211B.01 DEFINITIONS. .
• Subdivision 1. Application. The definitions in chapter 200 and this section , .
• • apply to this chapter.
• Subd. 2. Campaign material. "Campaign material" means any literature,
• ' publication, or material tending to influence voting at a primary or other
• . election, except for news items or editorial comments by the news media.
• Subd. 3. Candidate. "Candidate" means an individual who seeks nomina-
. - tion or election to a. federal, statewide, legislative; judicial, or local office
including special districts, school districts, towns, home rule charter and
• - statutory cities, and counties, except candidates for president slid vice- presi-
dent of the United States. • •
. Subd. 4. Committee. "Committee" means two or more persons acting
1 together or a corporation or association acting to influence the nomination,
election, or defeat of a candidate or to promote or defeat a ballot question.
• Promoting or defeating a ballot question includes efforts to qualify or prevent
. a proposition from qualifying for placement on the ballot.
• • Subd. 5. Disbursement. "Disbursement" means an act through which
. • money, property, office, or position or other thing of value is directly or
indirectly promised, paid, spent, contributed, or lent, and any money, property,
• • office, or position or other thing of value so promised or transferred.
• ' • • Subd. 6. Political purposes. An act is done for "political purposes" when
• the act is intended or done to influence, directly or indirectly, voting at a
• primary or other election. This, does not include news items or editorial
. • • comments published or broadcast by the news media.
•
. • • History: c 578 art 3 s 1
NOTES AND DECISIONS •
211B.01 ,
. ! The Fair Campa Practices Act applies to activities'of which the purpose is to secure the adoption or defeat
of a constitutional. amendment. The act also applies to the activities of a committee formed for purpose of bring -•
. ing about or preventing the adoption of an ordinance. Op. Atty. Gen. 627B -1, October 14,1942.
The term "voluntary committee" is but another name for a political committee under this section. Such a com-
' minim may not be organized as a mere subterfuge to evade the Fair Campaign Practices Act. Op. Atty. Gen. 627C-
7, August 30, 1946.
• Committee formed to support constitutional amendment must file statement of receipts and disbursement&
Op. Atty. Gen. 627B -2, August 26, 1952.
• Act applies to city charter election. Op. Atty. Gen. 627B -1, August 18,1966.
• Fair Campaign Practices Act is directed to actions of candidate and persons for whom he is responsible; and
• where there is nothing to show that candidate sanctioned improper activities, that are not chargeable to him. Mun-
• nell v. Rowlette, 275 Minn. 94,145 N.W. 2d 531 (1966).
. 211B.02 FALSE CLAIM OF SUPPORT.
• A person or candidate may not knowingly make, directly or indirectly, a
false claim stating or implying that a candidate or ballot question has the
• i support or endorsement of a major political party or party unit or of an
. . organization. A person or candidate may not state in written campaign
• material that the candidate or ballot question has the support or• endorsement
•
. • . .
1� � 15
1992 Minnesota Campaign Manual 1992 Minnesota Campaign Manual
of an individual without first getting written permission from the individual If open letter is circu in interest of better government and not for particular candidate, then section does in to do SO. no48 require, so addition Op. A Gen or's name and address, name die a same candidate. didate. Op. Atty. Gen. 627J -3, October 6,
History: 1988 c 578 art 3 s 2 CG � P on committee who op moon of advertisement must be stated. Op. Atty.
NOTES AND DECISIONS - •
211B.02 211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
Prominent political leaders are not "units of political party. Graves v. Meland, Minnesota supreme court, In any municipality with an ordinance that regulates the size of noncom-
March mercial signs, notwithstanding the provisions of that ordinance, all. noncom-
• 211B.03 USE OF THE TERM REELECT. mercial signs of any size may be posted from August 1 in a state general .
A person or candidate may not, in the event of redistricting, use the term • . election year until ten days following the state general election. •
"reelect" in a campaign for elective office unless the candidate is the incumbent • History: 1990 c 585 s 30
of that office and the office represents any part of the new district.
History: 1988 c 578 art 3 s 3 211.05 PAID ADVERTISEMENTS,IN NEWS.
Subdivision T. Acceptance of paid advertisements. A newspaper, peri-
. 211B.04 CAMPAIGN LITERATURE MUST INCLUDE DISCLAIMER: • odical, or magazine • may not intentionally accept for insertion in the
(a) A person who participates in . the preparation or dissemination of• • newspaper, magazine, or periodical a political advertisement unless the words
• campaign material other than as provided in section 211B.05, subdivision 1, "PAID ADVERTISEMENT," and the disclaimer required under section
that does not•prominently include 'the name and address of the person or 211B.04 are included at the beginning or•end of the advertisement. A radio
• - committee causing the material to be prepared or disseminated in a disclaimer station, television station, or cable system may not accept for broadcast a
substantially in the form provided in paragraph (b) or (c) is guilty of a political advertisement unless the words "PAID ADVERTISEMENT" are
misdemeanor. included at the beginning or end of the advertisement.
(b) Except in cases covered by paragraph (c), the required form of dis- Subd. 2. Advertising rates. Rates charged for advertising to support or
claimer is: "Prepared and paid for by the committee, (address)" oppose a candidate or ballot question must be the same as the charges made •
for material prepared and paid for by a principal campaign committee, or for any other political candidate and may be no greater than charges.made for
"Prepared and paid for by the committee, . (address), in support of any other comparable purpose or use according to the seller' s rate schedule.
• (insert name of candidate or ballot question)" for material prepared and • Subd. 3. Compensation prohibited, except for paid advertisement. An
paid for by a.person or committee other than a principal campaign committee. owner, publisher, editor, reporter, agent, broadcaster, or employee of a
(c) In the case of broadcast media, the required form of disclaimer is: "Paid newspaper, periodical, magazine, radio or television broadcast station, or •
for by the committee." • . • . cable system may not directly •or indirectly solicit, receive, or accept a •
. (d) Campaign material that is not circulated on behalf of a particular ' payment, promise, or compensation, nor may a person pay or promise to pay •
candidate or ballot question must also include in the disclaimer either that it or in any manner compensate an owner, publisher, editor, reporter, agent,
is "in opposition to (insert name of candidate or ballot question ) "; or broadcaster, or employee directly or indirectly for influencing or attempting
that "this publication is not circulated on behalf of any candidate or ballot to influence voting at an election or primary through printed material in the
. question." newspaper or periodical, or radio, television, or cable broadcast, except as a
(e) This section does not apply to objects stating only the candidate's name • "PAID ADVERTISEMENT" as provided in this section.
and the office sought, fundraising tickets,, or personal letters that are clearly Subd. 4. Unpaid material identification. Unpaid material published in a
being sent by the candidate. newspaper, magazine, or other publication that is: (1) in unique typeset or
(f) This section does not modify or repeal .section 211B.06. otherwise differentiated from other unpaid material, (2) designed to influence
History: 1988 � 578 art 3 s 4; 1991 c 227 s 24 . or attempt to influence the voting at any election or the passage or defeat of
• legislation, and (3) not placed on the editorial page must be clearly identified
NOTES AND DECISIONS as an editorial opinion: .
• • 211B.04 History: 1988 c 578 art 3 s 5
Absence of authorship clause on cards held trivial. Miske v. Fisher, 193 Minn. 1.14, 259 N.W. 18 (1935). •
• Candidate for office may include word "lawyer" on campaign card but such a card must contain address of
author, while card containing a mere statement that a person is.a candidate for office without anything in the way 211B.06 FALSE POLITICAL AND CAMPAIGN MATERIAL; PENALTY; EXCEP-
. of an appeal or argument does not need to state its authorship. Op. Atty. Gen. 6271 -1, March 16,1936.
Sticker with nothing more on it than the name of a person for whom votes are desired is not in effect a cam- TIONS. •
paign card. Op. Atty. Gen. 6271-1, August 18, 1942.
• Use of apatriotic poster. with candidate's solicitation of votes thereon must bear. the name and address of the Subdivision 1. Gross misdemeanor.. A person is guilty of a gross mis-
author. Op. Atty. Gen. 627F-1, August 18, 1942. demeanor who intentionally participates in the preparation, dissemination, or
Emery boards must bear name and address of author. Op. Atty. Gen. 627F -1, September 24, 1948. •
16 17 • .
1992 Minnesota Campaign Manual - 1992 Minnesota Campaign Manual •
broadcast of paid political advertising material with respect to ' Where iris customary for incumbent judge to release prisoners convicted of misdemeanors before Christmas
P g or campaign P p� each year so as to permit them to earn for Christmas. sopping, and there was no showing that prisoners
the personal or political character or acts of a candidate, whether or not released pursuant to that practice s y w election in ich incumbent was candidate where voters m vil-
lage where election was to be held or had been directed or solicited to vote for incumbent in exchange for their
defamatory, or with respect to the effect of a ballot question, that the person freedom, there was nothing in such conducfto justify an invalidation of incumbent's reelection. Id. . •
knows' or has reason to believe is false and that is designed or tends to elect, Id.
Corrupt Practices Act is directed to actions of i a>idi a for office and to persons for who he is responsible
• injure, or defeat a candidate for nomination or election to a public office or to • - • • • • .
• promote or defeat a ballot question. 211B.08 SOLICITATION OF CONTRIBUTIONS PROHIBITED. •
A person is guilty of a misdemeanor who intentionally participates in the A religious, charitable, or educational organization may not request a
drafting of a letter 'to the editor with respect to the personal • or political , candidate or committee to contribute to the organization, to subscribe for the
character or acts of a candidate, if defamatory, or with respect to the effect of support of a club or organization, to buy tickets to entertaihnient, or to pay for
a ballot question, that the person knows is false and which is designed or tends space in a publication. This section does not apply to:
to elect, injure, or defeat any candidate for 'nomination or election to a public (1) the solicitation of a business advertisement in periodicals in which the
office or to promote or defeat a ballot question. . candidate was a regular contributor, before candidacy; .
. Subd. 2. • Exception. Subdivision 1 does not apply to any person or • (2) ordinary business advertisements; •
organization whose sole act is, in the normal course of their business, the (3) regular payments to a religious, charitable, or educational organization,
printing, manufacturing, or dissemination of the false information. • of which the candidate was a member, or to which the candidate was a
History: 1988 c 578 art 3 s 6 • contributor for more than six months before candidacy; or
(4) ordinary contributions at church services. •
NOTES AND DECISIONS
211B.06 History: 1988 c 578 art 3 s 8
False 'on regarding source of information is not violation of election laws as long as information is ,
t rue: Gmtjo v. McCollar, 291 Minn. 344;191 N.W. 2d (1971). 211B.09 PROHIBITED PUBLIC EMPLOYEE ACTIVITIES.
Candidate who denied prior knowledge of the details and method of publishing alleged falsehood did not vio-
late Fair Campaign Practices Act. In re County Commissioner for Wright County,m 289 Minn. 523, 185 N.W. 2d An employee or official of the state or of a political subdivision may not
277 (1971). use official authority influence to compel a to apply for membership
Although defamatory of supporters of a candidate do
, a campaign cument held riot defamatory of candidate Y or P person PP Y P
himself and so no violation of Corrupt Practices Act. Dart v. Erickson, 188 Minn. 344, 191 N.W. 2d 396 (1971). in or become a member of a political organization, to pay or promise to pay a
• . campalar contain rlito metbout a candidate amatory and therefore' oca contribution,. or to take art • in political activity. A
does notviol ign circu flue sec tion. Graves ea v. er lauda Melded, 264 N.W. state 2d ns 40a1( is not def
1978). political ibti
P P Y• political sub-
P
• . division may not impose or enforce additional limitations on the political
• 211B.07 UNDUE INFLUENCE ON VOTERS PROHIBITED.' activities of its employees.
A person may not directly or indirectly use or threaten force, coercion, • History: 1988 c 578 art 3 s 9
' violence, restraint,, damage, harm, loss, , including loss of employment or
economic reprisal, undue influence, or temporal or spiritual injury against an • . . NOTES AND DECISIONS .
individual to compel the individual to vote for or against a candidate or ballot . 211B.09 •
Display of campaign literature at courthouse not within meaning of "compel". Burns v. Valen, 400 N.W. 2d
question. Abduction, .duress; or fraud may not be used to obstruct or prevent - 123 (Minn. Ct. App.). . .
the. free exercise of the right to vote of a voter at a primary or election, or •
• • compel a voter to vote at . a primary or. election. Violation of this section• is a 211B.10 INDUCING OR REFRAINING CANDIDACY; TIME OFF FOR PUBLIC
gross misdemeanor. OFFICE MEETINGS.
History: 1988 c 578 art 3 s 7 Subdivision 1. ][educing or refraining from candidacy. A person may
• . not reward or promise to reward another in any manner to induce the person
NOTES AND DECISIONS • to be or refrain from or cease being' a candidate. A person may not solicit or
211B.07 • receive a payment, promise, or rewa from another for this purpose.
Judgement that contestee's : . , , . ,- ' coercion of voters on public relief by threats that he, as chairman of
emergency relief board, would have . , removed from relief if they did not support him in his campaign for Subd. 2. Time off for public office meetings. A person elected to a public .
county commissioner, was limited in character and that his election was free from offensive and illegal acts is office must be rmitted time off from regular em 10 ent to attend meetings
' reversed and judgement directed that contestee's election be annulled and set aside. Fritz v. Hanfler, 195 Minn. Pe P g
. 640 263 N.W. 10 (1935). • required by reason of the public office. The time off may be without pay, with
Standing in line by nonvoters and the abuse of the•right to challenge voters constitute gross misdemeanors •
• under Minnesota law. Op. Atty. Gen. 182, October 26, 1964. pay, or made up with other hours, as agreed between the employee and •
• • In absence of showing that incumbent municipal judge by his presence in courtroom on court business for When an employee takes time off without pay, employer shall
some 1 -1/2 hours during morning of election had interfered with.conduct of election in adjacent polling place or employer. mP Y es. P Y
had sought to influence voters or that he was aware that sticker campaign was being conducted for another can- • • make an• effort to allow the employee to make up the tithe with other hours
dilate for his office, election of incumbent was not invalid on ground that he had violated election statutes. Mun-
nell v. Rowlette, 275 Minn 92,145 N.W. 2d 531(1966). c when the employee is available. No retaliatory action may be taken by the
While action of police officer in interfering with campaign worker for sticker candidate for municipal judge -
was unwarranted where action. was not that of opposing candidate and there was nothing to show that opponent •
had sanctioned such action, any violation of Corrupt Practices Act would be chargeable to opponent. Id.
. 1 .
18 - • 19 •
1992 Minnesota Campaign Manual • 1992 Minnesota Campaign Manual .
employer for absences to attend meetings necessitated by reason of the 211B.I2 LEGAL EXPENDITURES •
employee's public office. Use of funds collected for political purposes is prohibited unless the use is
History: 1988 c 578 art 3 s 10 • reasonably related to the conduct of election campaigns. The following are
• .permitted expenditures when made for political purposes:
•
2 11B.11 ELECTION DAY PROHIBITIONS. • (1) salaries, wages, and fees;
Subdivision 1. Soliciting near polling places. A person may not display (2) communications, mailing, transportation, and travel; . •
•
campaign material, post signs, ask, solicit, or in any manner try to induce or (3) campaign advertising;
persuade a voter within a polling place or within 100 feet of the building in (4) printing; • .
• which a polling place is situated on primary or election day to vote for or • • (5) office and other space and necessary equipment, furnishings, and
refrain from voting for a candidate or ballot question. A person may not incidental supplies; •
• provide political badges, political buttons, or other political insignia to be worn (6) charitable contributions of not.more than $100 to any charity annually;
at or about the polling place on the day of a primary .or election. A political . and .
badge, political button, or other political insignia may not be worn at or about (7) other expenses, not included in clauses (1) to (6), that are reasonably
the polling place on primary or election day. related to the conduct of election campaigns. In addition, expenditures made
The secretary of state may distribute stickers to the county auditors which for the purpose of providing information to constituents, whether or not related
contain the words "I VOTED" and nothing more, and which have been donated to the conduct of an election, are permitted expenses.
to the state .without cost. Any stickers of this type must be delivered to the History: 1988 c 578 art 3 s 12
• county auditors at least 30 days prior to the election. Election judges may NOTES AND DECISIONS
•
offer a sticker of this type to each voter who has signed the polling place roster. 211B.12
Subd, 2. Election day campaigning. A person may not broadcast, circu- The word "salary" is construed in an election contest as being used in broad sense of compensation embracing
- both "salary" and "fees ". Spokely v. Heaven, 183 Minn. 467, 237 N.W. 11 1931.
late, or distribute campaign material, or cause campaign material to be
•
broadcast, circulated, or distributed on the day of .a primary or election. This 211B.13 BRIBERY, TREATING, AND SOLICITATION.
•
• subdivision does .not modify or repeal section 211B.07. Subdivision 1. Bribery, advancing money, and treating prohibited. A
• Subd. 3. Transportation of voters to polling place; penalty. A person person who willfully, directly or indirectly, advances, pays, gives, promises,
transporting a voter to or from the polling place may not ask, solicit, or in any • or lends any money, food, liquor, clothing, entertainment, or other thing of
manner try to induce or persuade a voter on primary or election day to vote or . . monetary value, or who offers, promises, or endeavors to obtain any money,
refrain from voting for a candidate or ballot question. - position, appointment, employment, or other valuable consideration, to or for
• ' Subd. 4. Penalty. Violation of this section is a petty misdemeanor. . a person, in order to induce a voter to refrain from voting, or to vote in a .
History: 1988 c 578 art 3 s 11; 1989 c 291 art 1 s 32 ' particular way, at an election; is guilty of a felony. This section does not
NOTES AND DECISIONS prevent a candidate from stating publicly preference for or support of another
•
211B.11 candidate to be voted for at the same primary or election. Refreshments of
Prohibition of section 211B.11, subd. 1, violates U.S. and state constitutions. State v. Quam, No. 97939 -1 food or nonalcoholic beverages of nominal value consumed on the premises
of
(Hennepin Dist C November 1,1988). gathering meeting prohibited under this section.
Provisions of see ction 211B.11, sued. 2 are unconstitutional. Op a a private Atty. Gen. 627H, August 28,1989. Pn g g or public g are not Prn
County attorneys are not required to institute prosecutions of alleged violations of section 211B.11, subs. 2. Subd. 2. Certain solicitations prohibited. A person may not knowingly
. Id.
There is no provision of the Minnesota election law prohibiting the posting of signs within one hundred feet of solicit, receive, or accept any money, property, or other thing of monetary
a polling place except such posting may not be done on election day. Op. Atty. Gen. 627H, May 31, 1966. value, or a promise pledge of these that is a disbursement prohibited by this
Erection of political signs before an election and not removing them before election day is not a violation of prn or P g pre Y
this section. Op Atty. gen. 627H, January 11, 1963. section or section 211B.15.
The distribution of campaign cards by a candidate on election day, in the event of his election, forfeits his
right to the office. In re Election Contest of Christian. 170 Minn. 465, 213 N.W. 48 (1927). History: 1988 c 578 art 3 s 13
Mailing campaign literature before election for delivery on election day is unlawful. Op. Atty. Gen. 627H, -
•
April 1, 1932. - AND DECISIONS
Stickers may not be distributed at or within the polling place or within one hundred feet thereof on election .
day. Distribution at distance greater than one hundred feet may not be for purpose of soliciting votes. Op. Atty. 211B.13
Gen. 627B -8, March 9, 1945. • Acceptance of cut in salary pursuant to resolution of county board would not be violation of Corrupt Practices
• Newspaper ad for campaign purposes comes within the provisions of this section. Op. Atty. Gen. 6271{ -5, Oc- Act. Op Atty. Gen. July 27,1933. For other opinions treating this issue see also Op. Arty. Gen. 359A -22, March
tober 22,1948. - 22, 1933; Op. Atty. Gen. 627B -3, March 20, 1933; Op. Atty. Gen. 359A -22, July 11, 1932 and January 27, 1932.
Stickers may not be left in an election polling place on election day. Op. Atty. Gen. 28A -8, August 7, 1942. Whether the distribution of objects such as matchbooks, pencils, emery boards, etc. is a violation of this sec -
Hiring persons to distribute stickers on election day is a violation of Fair Campaign Practices Act. Op. Atty. tion is a question of fact upon which the attorney general cannot pass judgement. Op. Atty. Gen. 627F -1, March 7,
Gen., November 2, 1932. 1950.
. The making in good faith by a group of citizens to an entire county of an offer of site and money for a new
• court house is not a felony under this section. Op. Arty. Gen. 627B -3, May 6, 1954.
20 21 .
1992 Minnesota Campaign Manual 1992 Minnesota Campaign Manual •
211B.14 DIGEST OF LAWS. Subd. 6. Penalty for individuals. An officer, manager, stockholder, mem -.
The secretary of state, with the approval of the attorney general, shall b er, agent, employee, attorney, or other representative of a corporation or
prepare and print an easily understandable digest of this chapter and annota- • limited liability company acting in behalf of the corporation or limited liability
tions of it. company who violates this section may be fined not more than $20,000 or be
•
The secretary of state shall distribute the digest to candidates and commit -' imprisoned for not more than five years, or both.
• tees through the county auditor or otherwise as the secretary of state considers Subd. 7. Penalty for corporations or limited liability companies. A
expedient. corporation or limited liability company convicted of violating this section is
History: 1988 c 578 art 3 s 14 subject.to a fine not greater than $40,000. A convicted domestic corporation
• or limited liability company may be dissolved as well as fined. If a foreign or
211B.15 CORPORATE.POLITICAL CONTRIBUTIONS. nonresident corporation or limited liability company is convicted, in addition
Subdivision 1. Definitions. (a) For purposes of this section, the following to being fined, its right to do business in this state may be declared forfeited.
•
• terms have the meanings given them. • Subd. 8. Permitted activity; political party. It is not a violation of this
(b) "Corporation" means a corporation organized for profit that does section for a political party, as defined in section' 200.02, subdivision 7, to
business in Minnesota. form a nonprofit corporation for the sole purpose of holding real property to
(c) "Limited liability company" means a limited liability company formed be used exclusively as the party's headquarters. .
• under chapter 322B, or under similar laws of another state, that does business • Subd. 9: Media projects. It is not a violation of this section for a corpora -
in Minnesota. tion or limited liability company to contribute to or conduct public media
Subd. 2. Prohibited contributions. A corporation or limited liability projects to encourage individuals to attend precinct caucuses, register, or vote
• company may not make a contribution or offer or agree to make a contribution, if the projects are not controlled by or operated for the advantage of a
directly or indirectly, of any money, property, free service of its officers or candidate, political party, or committee.
employees, or thing of monetary value to a major political party, organization, ' Subd. 10. Meeting facilities. It is not a violation of this section for a
.committee, or individual to promote or defeat the candidacy of an individual corporation or limited liability company to provide meeting facilities to a
for nomination, election, or appointment to a political office. For the purpose committee, political party, or candidate on a nondiscriminatory and non-
of this subdivision, "contribution" includes . an expenditure to promote or ' " preferential basis. ,
defeat the election or nomination of a candidate to a political office that is Subd. 11. Messages on premises. It is not a violation of this section for a
made with the authorization or expressed or implied consent of, or in coopera- corporation or limited liability company selling products or services to the
tion or in concert with, or at the request or suggestion of, a candidate or • public to post on its public premises messages that promote participation in
committee established to support or oppose a'candidate. precinct caucuses, voter registration, or elections if the messages are not
Subd. 3. Independent expenditures. A .corporation or limited liability controlled by or operated for the advantage of a candidate, political party, or
company may not make an independent expenditure or offer or agree to make committee.
an independent expenditure to promote or defeat the candidacy of an in- Subd. 12. Reports required. The total amount of an expenditure or
dividual for nomination, election, or appointment to a political office. For the contribution for any one project permitted by subdivisions 9 and 11 that is
purpose of this subdivision, "independent expenditure" means an expenditure more than $200, together with the date, purpose, and the names and addresses
that is not made with the authorization or expressed or implied consent of, or . of the persons receiving the contribution or expenditures, must be reported to
in cooperation or concert with, or at the request or suggestion of, a candidate the secretary of state. The reports must be filed on forms provided by the
or committee established to support or oppose a candidate. . secretary of state on the dates required for committees under section 211A.02.
. Subd. 4. Ballot question. A corporation or limited liability company may Failure to file is a misdemeanor.
make contributions or expenditures to promote or defeat a ballot question, to Subd. 13. Aiding violation; penalty. An individual who aids, abets, or
qualify a question for placement on the ballot unless otherwise prohibited by advises a violation of this section is guilty of a gross misdemeanor.
law, or to express its views on issues of public concern. A corporation or Subd. 14. Prosecutions; venue. Violations of this section may be
• ' limited liability company may not make a contribution to a candidate for prosecuted'in the county where the payment or contribution was made, where
nomination, election, or appointment to a political office or to a committee services were rendered, or where money was paid or distributed.
organized wholly or partly to'prolnote or defeat a candidate. History: 1988 c 578 art 3 s 15; 1989 c 209 art 2 s 26; 1992 c 517 art I s
Subd. 5. News media. This section does not prohibit publication or 1 -9 '
broadcasting of news items or editorial comments by the news media.
•
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•
• 1992 Minnesota Campaign Manual • • • • 1992 Minnesota Campaign Manual. .
NOTES AND DECISIONS • Subd. 2. Circumstance where nomination or office not forfeited. In a
211B.15 trial for a violation of this chapter, the candidate's nomination or election is
See M.S. 72A 12, subd. S ( 1988), pertaining to insurance companies. L
• 'ibis section does not prohibit sponsorship of "conduit" or "nonpartisan" political action committees by a cor- not void if the court finds that: ,
poration. Minnesota apply Association ofd Industry r Foley, 316 N.W. 2d 524 (Minn. 1982). (1) an offense, though committed by the candidate or with the candidate's
•
• knowledge, consent, or connivance; was trivial; or
211B.16 COUNTY ATTORNEY INQUIRY; ASSOCIATE COUNSEL, (2) an act or omission of a candidate arose from accidental miscalculation
Subdivision 1. County attorney inquiry. A . county . attorney • who is or other reasonable cause, but in any case not from a want of good faith; and
notified of an alleged violation of this chapter shall promptly investigate. If • the court also finds that it would be unjust for a candidate to forfeit the
there is probable cause for instituting a prosecution, the county attorney shall nomination or election. None of these findings is a defense to a conviction
proceed by complaint or present the charge, with whatever evidence has been under this chapter.
found, to the grand jury. A county attorney who refuses or intentionally fails History: 1988 c 578 art 3.s 17
• to faithfully perform this or•any other duty imposed by this chapter is guilty
, • of. a misdemeanor and' upon conviction forfeits the 'Office. The county attor- 211B.18 DISQUALIFIED CANDIDATE NOT TO HOLD VARIOUS POSITIONS.
ney, under the penalty of forfeiture of office, shall prosecute all violations of A candidate whose election to office has been set aside for a violation of
• • this chapter except violations of this .section: . If, however, a complainant this chapter may not be appointed, during the period fixed by law as the term
withdraws an allegation under this chapter, the county attorney is not required . of the office, to fill a vacancy in that office. A candidate or other individual
to proceed with prosecution. • who is convicted of a violation of this chapter may not be appointed, during
• ' Subd. 2. Associate counsel: Anyone except the person under investigation the period fixed by law as the term of the office with respect to which the
or the.person's agent may employ an attorney to assist the county attorney in election was held and the offense was committed, to fill a vacancy that may
the investigation and prosecution of a violation of this chapter. The county occur in the office. An appointment to an office. made contrary to the
• attorney and the court shall recognize the attorney as associate counsel for the provisions of this section is void.
proceeding. A prosecution, action, or proceeding must not be dismissed • A candidate or other • individual who is convicted of a violation of this ,
without notice to the associate counsel. If the associate counsel objects to the chapter is not qualified, during the period fixed by law as the term of the office
dismissal, the county attorney's reasons for dismissal and the associate with respect to which the election was held and the offense was committed,
counsel's objections must be 'filed with the court and heard within the time to fill a vacancy in an office for which the legislature may establish qualifica-
' period the court requires. . . • • . tions under article XII, section 3, of the Minnesota Constitution.
History: 1988 c 5.78 art 3 s 16 • History: 1988 c 578 art 3 s 18 .
NOTES AND DECISIONS 211B.19 PENALTIES.FOR VIOLATION. '
211B.16
Attorney investigation . -A v iolation of this chapter for which no other penalty is provided is a
Attorney employed to assist county attorney is not required to conduct a private and independent .
but may conduct same so as to enable attorney to present the county attorney relevant facts and names of wit= misdemeanor.
nesses capable of giving competent testimony in proceeding. Op. Atty. Gen. 121A -1, September 29,1952. •
County attomey may proceed by complaint and information rather than impaneling grand jury. Op. AuY. Oen• History: 1988 -c 578 art 3 s 19 • 627B-1, August 18, 190:
21111,17 FORFEITURE OF NOMINATION OR OFFICE; CIRCUMSTANCES 211B.20 DENIAL OF ACCESS BY POLITICAL CANDIDATES TO MULTIPLE
, WHERE NOT FORFEITED. UNIT DWELLINGS.
•
Subdivision 1. Forfeiture of nomination or office. Except as provided in Subdivision 1. Prohibition. It is unlawful for a person, either directly or
subdivision 2, if a candidate is found guilty of violating this chapter or an indirectly, deny access to an apartment house, dormitory, nursing .home,
manuf
offense was committed by another individual with the knowledge, consent, or actured home park, other multiple unit facility used as a residence, or
connivance of the candidate, the court, after entering the adjudication of guilty, an area in which two or more single- family dwellings are located on private
. shall enter a supplemental judgment declaring that the candidate has forfeited roadways to a candidate who has filed for election to public office or to
the nomination .or office. If the court enters the supplemental judgment, it campaign workers accompanied by the candidate, if the candidate and workers
shall transmit to the filing officer a transcript of the supplemental judgment, seeking admittance to the facility do so solely for the purpose of campaigning.
the noiinination or office becomes vacant, and the vacancy must be filled as . A violation of this section is a petty misdemeanor.
provided by law. • . Subd. 2. Fxceptions.•Subdivision 1 does not prohibit: .
• (1) denial of admittance into a particular apartment, room, manufactured
• home, or personal residential unit;
. . 24. • • ' . 25 - •
1992 Minnesota Campaign Manual . • . - . 1992 Minnesota Campaign Manual
(2) requiring reasonable and proper identification as •a necessary prereq- NOTES •
uisite to admission to a multiple unit dwelling; - '
(3) in the case of a nursing home, denial of permission to visit certain ,
persons for valid health reasons; . . .
(4) limiting visits by candidates or workers accompanied by the candidate
• , to a reasonable number of persons or reasonable hours; •
(5) requiring a prior appointment to gain access to the facility; or .
.
• (6) denial of admittance to or expulsion from a multiple unit dwelling for . .
. good cause. • • •
. History: 1988 c 578 art 3 s 20 • • . • • • ' .
.211B.21 APPLICABILITY.: .
• Nothing in section 211,B.17 or 211B.18 may be construed to limit the ability . . .
of each house of the legislature to 'act as judge of the election returns and .
• • eligibility of its own members. .
. . History: 1988-c 578 art 3 s 21 • •
• . L '
26 27 ' •