Minnesota Elections
Campaign Manual
Office of the Minnesota
Secretary of State
Elections Division
Veterans Service Building
Suite 210 20 W 12th Street
Saint Paul, MN 55155
Phone: (651) 215-1440
Toll Free: 1-877-600-8683
Minnesota Relay Service: 1-800-627-3529
Email: elections.dept@state.mn.us
Website: www.sos.mn.gov
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Office of the Minnesota Secretary of State – Campaign Manual
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Preface
State law requires the Secretary of State to publish an easily understandable annotated digest of
Chapters 211A and 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
supporting county, municipal, school district or other political subdivision candidates for office and
questions. Candidates and 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 local
candidates, except for President and Vice President, and committees supporting them. It also regulates
the activities of committees formed to promote or oppose ballot questions and proposed constitutional
amendments.
Complaints
A complaint alleging a violation of Chapter 211A or 211B MUST be filed with the Office of Administrative
Hearings (OAH). For further information on complaints and penalties, see the OAH’s Fair Campaign
Practices webpage (https://mn.gov/oah/self-help/administrative-law-overview/fair-campaign.jsp), or
contact OAH at:
Office of Administrative Hearings
600 North Robert Street
St. Paul, MN 55101
(651) 361-7900
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Campaign Finance and Public Disclosure
Campaign Finance and Public Disclosure Board
Campaign 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 amendments.
are regulated by Chapter 10A of Minnesota statutes and administered by the
Minnesota Campaign Finance and
Public Disclosure Board (https://cfb.mn.gov/), who can be contacted at:
Minnesota Campaign Finance and Public Disclosure Board
190 Centennial Office Building
658 Cedar St.
St. Paul, Minnesota 55155
(651) 539-1180 or 1-800-657-3889
Federal Offices
Campaign financing and certain disclosures of candidates for federal office:
• United States President and Vice President,
• United States Senator, and
• United States Representative
are regulated by state and federal law. The Federal Election Commission
(www.fec.gov) administers the federal
laws. Contact the commission at
Federal Election Commission
1050 First Street NE
Washington, DC 20463
(800) 424-9530
Reports filed with the FEC are available within 48 hours after the report has been filed. Reports filed by candidates
for U.S. Representative can be viewed and copied directly from the FEC web site at a terminal available 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 the Secretary of State.
Hennepin County
Minnesota Statutes, Sections 383B.042-.057 that regulated campaign finance reporting and disclosure for
Hennepin County Offices and city offices located wholly within Hennepin County with a population of 75,000 or
more; and Minneapolis Public Schools were repealed in 2021 (2021 c 31 art 4 s 33
).
• Please review section 383B.041 for details regarding campaign finance reporting and disclosure
requirements for these offices.
Filing for Office and Campaigning Information is Available Online!
Candidate filing for office and campaigning information is available 24 hours a day, 7 days a week at the Office of
the Minnesota Secretary of State’s Become a Candidate
webpage (https://www.sos.mn.gov/election-
administration-campaigns/become-a-candidate/). Accessible and fillable versions of many forms and other
information are available.
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Contents
PREFACE .......................................................................................................................................................... 3
C
OMPLAINTS ................................................................................................................................................ 3
C
AMPAIGN FINANCE AND PUBLIC DISCLOSURE.................................................................................................... 4
C
AMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD ..................................................................................... 4
F
EDERAL OFFICES ...................................................................................................................................... 4
H
ENNEPIN COUNTY .................................................................................................................................... 4
F
ILING FOR OFFICE AND CAMPAIGNING INFORMATION IS AVAILABLE ONLINE! .......................................................... 4
C
ONTENTS ........................................................................................................................................................ 5
S
UMMARY OF CHAPTERS 211A AND 211B ............................................................................................................ 9
F
ILING FOR OFFICE CHECKLIST .......................................................................................................................... 9
C
HANGES IN ELECTION LAWS OR RULES ............................................................................................................. 9
C
ANDIDATE AND COMMITTEE QUESTIONS ......................................................................................................... 9
C
AMPAIGN SECURITY .................................................................................................................................... 10
N
OTES AND DECISIONS ................................................................................................................................. 10
C
AMPAIGN FINANCIAL REPORTING CHAPTER 211A ........................................................................................... 11
F
INAL REPORTS ....................................................................................................................................... 11
C
AMPAIGN FINANCIAL REPORTING – RECEIVING AGENCIES ............................................................................. 11
V
IOLATIONS OF CHAPTER 211A ................................................................................................................. 13
C
AMPAIGN FINANCIAL REPORT - CERTIFICATE OF FILING ................................................................................. 13
S
UBMITTING FINANCIAL REPORTING ONLINE ................................................................................................ 13
C
AMPAIGN PRACTICES - CHAPTER 211B .......................................................................................................... 14
C
ORPORATE CONTRIBUTIONS ..................................................................................................................... 14
R
EGULATIONS OF EXPENDITURES ................................................................................................................ 14
A
DVERTISING & LITERATURE REQUIREMENTS ............................................................................................... 15
I
MPROPERLY INFLUENCING VOTERS ............................................................................................................. 17
C
AMPAIGNING IN MULTIPLE-UNIT DWELLINGS ............................................................................................. 17
E
LECTION DAY ACTIVITIES ......................................................................................................................... 18
V
IOLATIONS OF CHAPTER 211B ................................................................................................................. 18
C
AMPAIGN PRACTICES AND/OR FINANCE VIOLATIONS ........................................................................................ 18
CHAPTER
211A CAMPAIGN FINANCIAL REPORTS ........................................................................................ 19
211A.01
DEFINITIONS ............................................................................................................................. 19
211A.02
FINANCIAL REPORT ................................................................................................................... 20
211A.03
FINAL REPORT ........................................................................................................................... 21
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211A.04 SECRETARY OF STATE’S DUTIES .................................................................................................. 22
211A.05
FAILURE TO FILE STATEMENT ..................................................................................................... 22
211A.06
FAILURE TO KEEP ACCOUNT; PENALTY ...................................................................................... 23
211A.07
BILLS WHEN RENDERED AND PAID ............................................................................................ 23
211A.08
PROSECUTION ........................................................................................................................... 23
211A.09
FORFEITURE OF NOMINATION OR OFFICE ................................................................................ 23
211A.10
DISQUALIFIED INDIVIDUALS NOT TO HOLD VARIOUS POSITIONS ............................................. 24
211A.11
PENALTIES FOR VIOLATIONS ...................................................................................................... 24
211A.12
CONTRIBUTION LIMITS ............................................................................................................. 24
211A.13
PROHIBITED TRANSFERS ........................................................................................................... 25
211A.14
CONTRIBUTIONS AND SOLICITATIONS DURING LEGISLATIVE SESSION ...................................... 25
CHAPTER
211B FAIR CAMPAIGN PRACTICES ............................................................................................... 26
211B.01
DEFINITIONS .............................................................................................................................. 26
211B.02
FALSE CLAIM OF SUPPORT ......................................................................................................... 27
211B.03
USE OF THE TERM REELECT ....................................................................................................... 28
211B.04
CAMPAIGN MATERIAL MUST INCLUDE DISCLAIMER ................................................................. 28
211B.045
NONCOMMERCIAL SIGNS EXEMPTION ................................................................................... 30
211B.05
PAID ADVERTISEMENTS IN NEWS .............................................................................................. 30
211B.06
FALSE POLITICAL AND CAMPAIGN MATERIAL ............................................................................ 31
211B.07
UNDUE INFLUENCE ON VOTERS PROHIBITED ............................................................................ 33
211B.075
INTIMIDATION AND INTERFERENCE WITH THE VOTING PROCESS; PENALTIES ........................ 34
211B.076
INTIMIDATION AND INTERFERENCE RELATED TO THE PERFORMANCE OF DUTIES BY AN
ELECTION OFFICIAL; PENALTIES ............................................................................................................... 35
211B.08
SOLICITATION OF CONTRIBUTIONS PROHIBITED ....................................................................... 37
211B.09
PROHIBITED PUBLIC EMPLOYEE ACTIVITIES .............................................................................. 37
211B.10
INDUCING OR REFRAINING CANDIDACY; TIME OFF FOR PUBLIC OFFICE MEETINGS ................. 37
211B.11
ELECTION DAY PROHIBITIONS ................................................................................................... 38
211B.12
LEGAL EXPENDITURES ............................................................................................................... 39
211B.13
BRIBERY, TREATING, AND SOLICITATION .................................................................................... 40
211B.14
DIGEST OF LAWS ........................................................................................................................ 41
211B.15
CORPORATE POLITICAL CONTRIBUTIONS .................................................................................. 41
211B.16
PROSECUTION ........................................................................................................................... 46
211B.17
FORFEITURE OF NOMINATION OR OFFICE; CIRCUMSTANCES WHERE NOT FORFEITED ............ 46
211B.18
DISQUALIFIED CANDIDATE NOT TO HOLD VARIOUS POSITIONS ................................................ 46
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211B.19 PENALTIES FOR VIOLATION ........................................................................................................ 47
211B.20
DENIAL OF ACCESS BY POLITICAL CANDIDATES TO MULTIPLE UNIT DWELLINGS ....................... 47
211B.205
PARTICIPATION IN PUBLIC PARADES ........................................................................................ 48
211B.21
APPLICABILITY ........................................................................................................................... 48
211B.31
DEFINITION ............................................................................................................................... 48
211B.32
COMPLAINTS OF UNFAIR CAMPAIGN PRACTICES ...................................................................... 48
211B.33
PRIMA FACIE REVIEW ................................................................................................................ 49
211B.34
PROBABLE CAUSE HEARING ...................................................................................................... 50
211B.35
EVIDENTIARY HEARING BY PANEL.............................................................................................. 51
211B.36
PROCEDURES ............................................................................................................................. 51
211B.37
COSTS ASSESSED ....................................................................................................................... 52
R
ELATED LAWS – SELECTED PROVISIONS ............................................................................................................. 53
10A.01
NON-CAMPAIGN DISBURSEMENT ............................................................................................... 53
10A.121
INDEPENDENT EXPENDITURE AND BALLOT QUESTION POLITICAL COMMITTEES AND FUNDS 55
10A.20
CAMPAIGN REPORTS ................................................................................................................... 56
10A.273
CONTRIBUTIONS AND SOLICITATIONS DURING LEGISLATIVE SESSION ...................................... 61
10A.31
DESIGNATION OF INCOME TAX PAYMENTS ................................................................................. 61
10A.38
CAPTIONING OF CAMPAIGN ADVERTISEMENTS ......................................................................... 62
160.27
PARTICULAR USES OF RIGHT-OF-WAY; MISDEMEANORS ............................................................. 63
160.2715
RIGHT-OF-WAY USE; MISDEMEANORS .................................................................................... 63
200.02
DEFINITIONS ................................................................................................................................ 63
204C.035
DECEPTIVE PRACTICES IN ELECTIONS ...................................................................................... 65
204C.06
CONDUCT IN AND NEAR POLLING PLACES................................................................................. 66
204C.35
FEDERAL, STATE, AND JUDICIAL RACES ...................................................................................... 67
204C.36
RECOUNTS IN COU NT Y, SCHOOL DI STRI C T, AND MUNICIPAL ELECTIONS .................................. 69
209.02
CONTESTANT; GROUNDS ............................................................................................................. 71
209.021
NOTICE OF CONTEST .................................................................................................................. 71
FILING
FOR OFFICE CHECKLIST .................................................................................................................... 73
AFFIDAVIT
OF CANDIDACY ....................................................................................................................... 73
NOMINATING
PETITIONS AND PETITIONS IN PLACE OF FILING FEE ......................................................... 74
FILING
FEES .............................................................................................................................................. 74
PROOF
OF LICENSURE ............................................................................................................................. 74
BEFORE
LEAVING ..................................................................................................................................... 74
AFTER
FILING ........................................................................................................................................... 74
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WITHDRAWALS........................................................................................................................................ 75
CAMPAIGN
FINANCIAL REPORT INSTRUCTIONS ......................................................................................... 76
C
AMPAIGN FINANCIAL REPORT FORM (PRINTABLE) .......................................................................................... 78
CAMPAIGN
FINANCIAL REPORT CERTIFICATION OF FILING ........................................................................ 79
I
NSTRUCTIONS ............................................................................................................................................ 79
C
AMPAIGN INFORMATION ............................................................................................................................. 79
C
ERTIFICATION ............................................................................................................................................ 79
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Summary of Chapters 211A and 211B
This section provides an easily understandable digest of Chapters 211A and 211B. As a digest, it should
not be used as a substitute for the requirements imposed by the text of Chapters 211A and 211B, which
are reproduced in this manual.
Filing for Office Checklist
A filing for office checklist can be found in this manual. It is a generic list for all Minnesota offices. The
list’s purpose is to let you know what to expect when filing for an office, important items to remember to
complete 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 the filing officer (usually the clerk of the jurisdiction) and obtain all the specific procedures and
forms related to “filing” for that office for that election.
Note: Candidates are solely responsible for meeting the legal requirements of the filing process as
provided in Minnesota Election Law. Minnesota Election Law is the final authority in all matters, not the
checklist provided in this guide.
Changes in Election Laws or Rules
Candidates are responsible for familiarizing themselves with any changes in all laws; especially those
related to all elections, campaigning and candidate filing. The Minnesota Legislature was in session when
this manual was produced.
Changes made to Chapters 211A and 211B
or other related laws finally enacted on or after April 1, 2024
and before the next production of this manual, will be posted on the web site of the Minnesota
Secretary of State at the
Additions to Campaign Manual webpage (www.sos.mn.gov/election-
administration-campaigns/campaigning/additions-to-campaign-manual).
Annotations for relevant court decisions received from the Attorney General’s office after April 1, 2024,
will be posted on the same web site.
Candidate and Committee Questions
If you have any questions about this manual or generalized questions about the administration of
Minnesota elections, please contact Secretary of State Elections Division staff members at the address
and phone number below, or the following e-mail address: elections.dept@state.mn.us
Minnesota Secretary of State, Elections Division
Veterans Services Building
20 W 12th Street, Suite 210
St. Paul, MN 55155
(651) 215-1440
Note: Please be advised that the Office of the Minnesota Secretary of State’s staff members cannot provide legal
opinions and/or definitive answers about any state law or rule. Candidates and committee members are
encouraged to seek out their own legal, financial and/or campaign advisors/consultants for guidance.
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Campaign Security
In response to the growing emphasis on secure elections, several reputable organizations have made the
following resources available:
Cybersecurity: Cybersecurity as pertains to elections and campaign-related infrastructure is an
important part of voter confidence in our democracy.
Researchers at Harvard University, in collaboration with bi-partisan campaign professionals, national
security experts, and leaders in cybersecurity from the public and private sector, created the
Campaign
Cybersecurity Playbook (https://www.belfercenter.org/publication/cybersecurity-campaign-playbook) as
a practical, baseline guide to cybersecurity that campaigns can use to help safeguard their systems. The
guide is free of charge, and we encourage candidates and their campaigns to consider its
recommendations.
Defending Digital Campaigns (DDC) (https://defendcampaigns.org/) is a nonprofit C4, nonpartisan and
non-aligned organization providing access to cybersecurity products, services, and information
regardless of party affiliation. While the main site contains a wealth of valuable information, this
organization’s
Knowledge Base (https://defendcampaigns.zendesk.com/hc/en-us) is especially useful as a
starting point for political campaign cybersecurity.
The USC Election Cybersecurity Initiative (https://electionsecurity.usc.edu/) is a non-partisan
independent project, supported by Google, to help protect campaigns and elections that offers support
to the entire election ecosystem including campaigns and administrators.
Physical Security: In the modern environment, all participants in the elections campaign process must
be mindful of certain basic physical security risks, and the available best-practices to mitigate them. The
U.S. Cybersecurity and Infrastructure Security Agency (CISA) recommends review of the following
resources:
• Personal Security Considerations Action Guide
(https://www.cisa.gov/resources-
tools/resources/personal-security-considerations-action-guide)
• Employee Vigilance through the Power of Hello (https://www.cisa.gov/topics/physical-
security/non-confrontational-techniques/power-hello)
• The De-escalation Series (https://www.cisa.gov/resources-tools/resources/de-escalation-series)
• If You See Something, Say Something® campaign (https://www.cisa.gov/resources-
tools/resources/if-you-see-something-say-somethingr-campaign)
• Election Mail Handling Procedures to Protect Against Hazardous Materials
(https://www.cisa.gov/resources-tools/resources/election-mail-handling-procedures-protect-
against-hazardous-materials)
Notes and Decisions
The Notes and Decisions briefly summarize judicial decisions and Attorney General’s interpretations of
Minnesota Election Law. However, the summaries are not intended to modify any statutory provision.
Some of the Notes and Decisions summarize interpretations of prior versions of a statute that may not
apply to the current version of the statute.
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Campaign Financial Reporting Chapter 211A
Chapter 211A generally regulates campaign contribution limits and campaign finance reporting of
candidates for county, municipal, school district or other political subdivision offices, excluding judicial
offices. This chapter also applies to committees acting to influence the nomination, election, or defeat of
a candidate or to promote or defeat a proposition to be voted on in any political subdivision.
With certain exceptions, M.S. 211A.12 sets contribution limits for an individual or committee of $250 in
non-election years and $600 in an election year for a candidate’s territory with a population of 100,000
or less and $1,000 in an election year for a candidate’s territory with a population over 100,000.
However,
M.S. 211A.13 prohibits contributions from certain principal campaign committees as defined in
M.S. 10A.01, subd. 34.
Candidates and committees must file a financial report according to M.S. 211A.02:
• within 14 days after receiving contributions or making disbursements of more than $750 in a
calendar year and
• 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:
o 10 days before the primary or special primary. This report is required regardless of
whether the candidate or issue is on the primary ballot or a primary is not conducted;
o 10 days before the general election or special election; and
o 30 days after a general or special election.
Final Reports
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. Once a
final report has been submitted, no further reports are required.
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.
Campaign Financial Reporting – Receiving Agencies
Who do you file your financial reporting with? Here’s a quick guide:
Campaign Finance Reporting Locations
For these offices/questions…
File Campaign Finance Reports with…
Hospital Districts
The municipal (city or town) clerk – same place where filed affidavit of
candidacy
Park Districts
The county auditor or municipal clerk – same place where filed
affidavit of candidacy
School Districts
School district clerk
Townships
Town clerk
Cities
City clerk
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For these offices/questions…
File Campaign Finance Reports with…
Soil & Water Conservation Districts
County auditor
Counties
County auditor
State Legislature
Minnesota Campaign Finance and Public Disclosure Board
Constitutional Amendments
Minnesota Campaign Finance and Public Disclosure Board
Statewide Offices
Minnesota Campaign Finance and Public Disclosure Board
Federal Offices
Federal Elections Commission & OSS (unless report published on FEC
website)
U.S. President & Vice President
Federal Elections Commission
Note: Ensure financial reports are being sent and received to the correct agency. It is the responsibility of
each campaign to correctly submit all reports.
The financial reports must include the total cash on hand designated to be used for political purposes,
the total amount of contributions and disbursements for the period from the last previous report to five
days before the current report is due, the amount, date, and purpose for each disbursement and the
name, address, and employer or occupation if self-employed of any individual or committee that during
the year has made one or more contributions that in the aggregate exceed $100. Reporting forms are
found at the OSS Campaign Finance Filings
webpage (www.sos.mn.gov/election-administration-
campaigns/campaigning/campaign-finance-filings/).
A reporting form is also found at the end of this manual. Local filing clerks and county election offices
also have blank campaign financial forms available.
For municipal elections, these reporting requirements are in addition to municipal charter reporting
provisions and county special laws. The reporting requirements do not replace special laws providing
reporting requirements for a municipality. M.S. 211A.02, subd. 3
A candidate who intentionally fails to file a required report, a committee that fails to file a required
report and an officer who issues a certificate of election to a candidate knowing that the candidate has
not filed a financial statement are subject to a civil penalty of up to $5,000 and/or a misdemeanor
penalty. In addition, a winning candidate who violates Chapter 211A
is subject to forfeiture of the
nomination or office under certain circumstances. M.S. 211A.09
If a candidate or committee has filed an initial report but fails to file a subsequent report on the date it is
due, the filing officer shall immediately notify the candidate or committee of the failure to file. If a report
is not filed within ten days after the notification is mailed, the filing officer shall file a complaint with the
Office of Administrative Hearings.
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Violations of Chapter 211A
A candidate whose election has been set aside because of a violation of Chapter 211A may not be
appointed to fill the resulting vacancy during the term of the office sought. Any person convicted of a
violation of Chapter
211A may not be appointed to fill a vacancy in the office during the term of the
office for which the election was held and is not qualified to fill a vacancy in any office for which the
legislature may establish qualifications under
Article XII, Section 3, of the Minnesota Constitution. M.S.
211A.10
Any person who receives money for a committee and fails to keep a correct account as required by law
or mutilates, defaces, or destroys an account record, is subject to a civil penalty of up to $5,000 or a
misdemeanor penalty if any of these acts are done with the intent to conceal certain information.
M.S.
211A.06
A person who has a bill, charge, or claim against a committee must render it in writing to the committee
within 60 days after the material or service is provided. Payment is prohibited on a bill, charge, or claim
presented after 60 days. M.S. 211A.07
Campaign Financial Report - Certificate of Filing
Regardless if an initial report has been filed or not, each county, municipal or school district candidate or
treasurer of a committee formed to promote or defeat a ballot question shall certify to the filing officer
that all reports, to date, required by M.S. 211A.02
have been submitted to the filing officer or that the
candidate or committee has not received contributions or made disbursements exceeding $750 in the
calendar year. The certification shall be submitted to the filing officer not later than 7 days after the
general or special election.
M.S. 211A.05, subd. 1
A Certificate of Election is not allowed to be issued by an election officer unless that candidate has
certified that all reports, to date, required of M.S. 211A.02
have been filed (Campaign Report
Certification of Filing form). In fact, issuing a certificate of election without the Certificate of Filing on
record could lead to a misdemeanor conviction of the filing officer. A Certification of Filing form is found
on the last pages of this manual and is available at the OSS
Campaign Finance Filings webpage
(www.sos.mn.gov/election-administration-campaigns/campaigning/campaign-finance-filings/). Local
filing clerks and county election offices also have blank certification forms available.
Submitting Financial Reporting Online
Non-Federal Offices
Accessible and fillable versions of the campaign finance forms found at the end of this manual can be
found at the Minnesota Secretary of State’s webpage for Campaign Finance Filings
(www.sos.mn.gov/election-administration-campaigns/campaigning/campaign-finance-filings/).
Federal Offices
Federal laws set out reporting requirements for federal campaigns. The Federal Election Commission
(FEC), not the Secretary of State, administers the federal laws. Reports on campaigns for the U.S. House
and Senate filed with the FEC can be viewed and copied directly from the FEC
website (www.fec.gov).
The Secretary of State’s Office, Elections Division has a terminal available for viewing the FEC website.
The FEC has waived the requirement that U.S. House candidates file a duplicate paper copy of reports
with the Secretary of State.
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Campaign Practices - Chapter 211B
Chapter 211B regulates a variety of campaign practices and applies to all federal, state, and local
candidates, except candidates for president and vice president. Judicial and school district candidates are
also covered by Chapter
211B. It also regulates committees acting to influence the nomination, election,
or defeat of a covered candidate or to promote or defeat a ballot question.
Corporate Contributions
M.S. 211B.15 prohibits defined corporations from directly or indirectly contributing anything of
monetary value to a political party, organization, committee or individual to promote or defeat the
candidacy of an individual for nomination, election or appointment to a political office but does not
prohibit independent expenditures as defined in
M.S. 10A.01, subd. 18.
Corporations may make contributions or expenditures to promote or defeat a ballot question, to place a
question on the ballot or to express its views on issues of public concern.
M.S. 211B.15, subds. 6-7b
lists the associated civil and criminal penalties for individuals and corporations
who “knowingly violate” section 211B.15.
Corporations may contribute to or conduct public media projects to encourage individuals to attend
precinct caucuses, register or vote, provided that the projects are not controlled by or operated for the
advantage of any candidate, political party, or committee. Corporations may provide meeting facilities
for committees, political parties, or candidates on a nondiscriminatory and non-preferential basis.
Corporations selling products or services to the public may post notices on their public premises
promoting participation in the precinct caucuses, voter registration or voting, provided these messages
are not controlled or operated for the advantage of any candidate, political party, or committee.
Regulations of Expenditures
Spending Limitations Amount: Chapter 211B does not limit the amount of campaign spending.
Spending Limitations Purposes: The law limits the purposes for which candidates and committees may
spend money.
The permitted purposes, which are set forth in M.S. 211B.12
, include salaries, communications,
campaign advertising, printing, office space and equipment, a limited amount of charitable
contributions, constituent informational materials, and other expenses reasonably related to the
conduct of election campaigns.
Money collected for political purposes and assets of a political committee or political fund may not be
converted to personal use.
To give or promise to give anything of monetary value to any person for the purpose of inducing a voter
to refrain from voting or to vote in a particular way is a felony.
An exception to this statute is made for refreshments of food and nonalcoholic beverages of having a
value up to $5 consumed on the premises at a private gathering or public meetings.
M.S. 211B.13, subd.
1
Office of the Minnesota Secretary of State – Campaign Manual
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Whether an item constitutes a “thing of value” is discussed in an opinion of the Attorney General which
states (Op. Atty. Gen. 627f-1, April 25, 1938):
“...whether packets or books of matches are things of value ...involves a question of fact 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 advertising matter, they come under the ban of the
statute.
This office has expressed the opinion that if a person distributes, in an election campaign, articles which
may possibly have some value other than as an advertising medium, such as packets or books of
matches, relying on the belief that their value is so slight that they 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.
Listed are some decisions and other opinions relating to a similar prior statute:
The purpose of influencing voters is the poison which the Fair Campaign Practice Act is aimed at, and in
the absence of such purpose, a gift is not considered to be a violation of the act. (Engelbret v. Tuttle, 185
Minn. 608, 242 N.W. 425).
Where a gift won at a church bazaar by a candidate’s wife was later returned to the church treasury and
no publicity was given to the returning of this gift, the court said that no intent to influence voters could
be found. (Engelbret 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 other invited guests, the court said that the giving of such gifts
could not be considered as an act done with intent to influence voters. (Engelbret v. Tuttle, supra).
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 the vote of an elector and
at the same time gives him intoxicating liquor, brings himself 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 be sustained. (Miller v. Maier, 136 Minn. 231, 161 N.W. 513).
It is not legal for a candidate to give away cigars in the election room while the polls are open. (Op. Atty.
Gen. 627f-1, March 20, 1917).
The distribution by a candidate of free tickets to a county fair admitting children under 12 years of age
free is a violation of this section. (Op. Atty. Gen. 627f-1, June 3, 1930).
Advertising & Literature Requirements
***Important: The case of 281 Care Committee et al v. Arneson et al., (Case No. 13-1229) issued
September 2, 2014, the United States Court of Appeals for the Eighth Circuit determined that M.S.
211B.06 failed a constitutional challenge under the First Amendment and was void.
Even though M.S. 211B.06
failed a constitutional challenge in 2014, the Minnesota statute itself has not
been removed or changed.
Consult with personal legal counsel regarding questions about M.S. 211B.06.
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It still states that certain printed material written or distributed by a candidate or committee is subject to
the section on false political and campaign material. Under that section, a person who intentionally
participates in the preparation, dissemination or broadcast of paid political advertising or campaign
material with respect to the personal or political character or acts of a candidate which is designed or
tends to elect, promote, defeat, or injure any candidate is guilty of a gross misdemeanor if the person
knows it is false or communicates to others with reckless disregard of whether it is false. The provision
also applies to literature, advertising, or campaign material with respect to the effect of a ballot
question. A person who intentionally participates in drafting a letter to the editor known to be false
concerning the personal or political character of a candidate or acts of a candidate, if 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 or organization whose sole act is, in the normal course of their
business, to print, manufacture or disseminate false information.
Advertisements. M.S. 211B.05
requires every advertisement in a newspaper, periodical, or magazine to
include the words PAID ADVERTISEMENT. Radio, television, and cable systems have similar requirements.
The amount charged for the advertisement must be the same as for any other political candidate and no
greater than charges for comparable purposes. The name of the candidate and the committee that
prepared and paid for the advertisement must be included at the beginning or end of the advertisement.
M.S. 211B.05, subd. 3, prohibits any employee of a newspaper, periodical, magazine, or broadcaster
from soliciting or receiving any payment or promise of payment for influencing or attempting to
influence voting through printed or broadcast matter except as a paid advertisement.
Other printed literature. Printed matter other than newspaper advertisements are subject to similar
requirements. M.S. 211B.04
requires that the name and address of the person or committee causing the
material to be prepared or disseminated appear prominently on the material.
This provision does not apply to fundraising tickets, business cards, personal letters or similar items that
are clearly being sent by the candidate. In addition, it does not apply to bumper stickers, pins, buttons,
pens, or similar small items on which the disclaimer cannot be conveniently printed; skywriting, wearing
apparel or other means of displaying an advertisement of such a nature that the inclusion of a disclaimer
would be impracticable; and online banner ads and similar electronic communications that link directly
to an online page that includes the disclaimer.
In addition, it does not apply to individuals or an association that is not required to register or report
under Chapter 10A or 211A
.
Note: Minnesota Court of Appeals Decision affecting Minnesota Statutes 211B.04. In April of 2006 the Minnesota
Court of Appeals ruled, in Riley v. Jankowski (Minnesota Court of Appeals file #A05-1125), that at least in part,
Minnesota Statutes 211B.04, which relates to disclaimer requirements, is unconstitutional.
The Office of Administrative Hearings (OAH) has jurisdiction over Minnesota Statutes Chapter 211B. The OAH’s Fair
Campaign Practices webpage (https://mn.gov/oah/self-help/administrative-law-overview/fair-campaign.jsp) has
more information about the complaint process and potential penalties for violations.
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Improperly Influencing Voters
Intimidation and interference with the voting process
It is illegal for a person to intimidate, interfere with, or transmit false information to, another person
with the intent to affect that person’s ability to vote or register to vote. It is also illegal for a person to
assist in any of these activities. A person who engages in any of this conduct faces criminal and civil
penalties. M.S. 211B.075
Bribery, Advancing Money, and Treating
As stated previously, there is a prohibition against giving anything of monetary value to any person for
the purpose of influencing that person’s vote. M.S. 211B.13
Threats, Force, Undue Influence
It is illegal for any person to threaten, coerce or unduly influence another to compel another to vote for
or against a candidate or ballot question. M.S. 211B.07
Promise Appointments
No person, to promote a candidate’s nomination or election, may directly or indirectly promise to
appoint or employ another person (M.S. 211B.13, subd. 1
). This statute does not prohibit a candidate
from publicly expressing a preference for any other candidate to be voted on at the same primary or
election.
Influencing Others
A person may not make any direct or indirect threat of harm, economic reprisal, or certain other threats
against an individual to vote for or against a candidate or ballot question. M.S. 211B.07
Transporting Voters
Under M.S. 211B.11, subd. 3
, it is illegal for a person transporting a voter to the polls to induce or
persuade a voter to vote or refrain from voting for a candidate or ballot question.
Influencing a Person’s Candidacy
The use of any promise or reward to induce a person to become a candidate, refrain from being a
candidate or cease being a candidate is forbidden. M.S. 211B.10, subd. 1
False Claim of Party Support
No person shall knowingly falsely claim or imply that a candidate has the support or endorsement of a
major political party or party unit of an organization. M.S. 211B.02
Use of the term Reelect
A person may not, in the event of redistricting, use the term reelect in a campaign for elective office
unless the candidate is the incumbent of that office and the office represents any part of the new
district. M.S. 211B.03
Campaigning in Multiple-Unit Dwellings
Candidates with or without their campaign volunteers may not be denied access to campaign in
multiple-unit dwellings within the district or territory represented by the office to which the candidate
seeks election. They must be allowed to knock on doors of individual units to speak with residents. A
resident may deny admittance to his or her dwelling, identification may be required, visits to certain
persons may be denied for health reasons, limits may be put on hours and numbers of campaigners,
appointments may be required, and campaigners may be denied admittance or expelled for good cause.
A violation of this section is a petty misdemeanor. M.S. 211B.20
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Election Day Activities
It is not illegal to campaign on Election Day, but it is illegal, on Election Day, to:
• Ask, solicit, induce, or persuade a voter to vote for or refrain from voting for a candidate or
ballot question within the polling place, within 100 feet of the polling place building, and
anywhere on the public property of the polling place during voting hours.
• This means wearing, exhibiting, distributing any item that displays the name, likeness, logo,
number, title, subject, or slogan of a candidate who appears on the ballot, question that appears
on the ballot, or political parties represented by candidates on the ballot.
• Definition of an item includes pamphlets, advertisement, flyers, signs, banners, stickers, buttons,
badges, pencils, pens, shirts, hats, or any similar item. M.S. 211B.11, subd. 1
Violations of Chapter 211B
Violations of Chapter 211B may entail criminal penalties. A conviction on criminal charges for violating
its provisions may forfeit a winner’s nomination or election. In addition to these penalties, the violator, if
that individual 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.
M.S. 211B.32 provides that a complaint alleging a violation of Chapter 211A or 211B must be filed with
the Office of Administrative Hearings. The complaint must be finally disposed of by the Office of
Administrative Hearings before the alleged violation may be prosecuted by a county attorney.
Penalties
In its disposition of the complaint, the Office of Administrative Hearings may impose a civil penalty of up
to $5,000 for any violation of Chapter 211A or 211B
. In addition, the complaint may be referred to the
appropriate county attorney for criminal prosecution as a misdemeanor or felony, whichever the law
provides.
M.S. 211B.35, subds. 2(d) & 2(e)
Furthermore, the person convicted may forfeit the nomination or office (M.S. 211B.17, subd. 1). The
convicted person may not be appointed to fill a vacancy in the office for which election was sought and is
not qualified to fill a vacancy in any office for which the legislature may establish qualifications under
Minn. Const. art. XII, sec. 3; M.S. 211B.17.
The prohibition on holding office does not limit the ability of each house of the legislature to judge the
election returns and eligibility of its own members.
Circumstances where nomination or election not forfeited. M.S. 211B.17, subd. 2
sets forth certain
situations in which the nomination or election of the candidate shall not be set aside as a penalty for
violating Chapter
211B.
Campaign Practices and/or Finance Violations
The Office of Administrative Hearings provides a “penalty matrix” (https://mn.gov/oah/self-
help/administrative-law-overview/fair-campaign.jsp) that a three-judge panel might use in determining
penalties for violations of Minnesota campaign practice and/or finance laws.
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CHAPTER 211A CAMPAIGN FINANCIAL REPORTS
211A.01 DEFINITIONS
Subd. 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 nomination 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 211A.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 required or authorized by
law.
Subd. 7. Filing officer. “Filing 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
211A.01 Notes and Decisions
A school district fairly informs voters about a levy question, and thus does not engage in promotion of levy
questions for purposes of campaign-finance-reporting requirements, when it addresses the positive and negative
consequences of the levy, not only the anticipated improvement in educational opportunities, but also the
increased tax rate and such other less desirable consequences as may be foreseen. Minnesota Voters Alliance v.
Anoka-Hennepin Sch. Dist., 868 N.W.2d 703 (Minn. App. 2015).
School district was a corporation within the meaning of the Campaign Financial Reports Act and Fair Campaign
Practices Act, and therefore could qualify as a committee subject to the campaign-finance reporting requirements
of that chapter if the district acted “to promote or defeat a ballot question;” legislature had specifically designated
school districts as public corporations, and the fact that the legislature used a broad term without limiting its scope
in the Act was indicative of an intent to encompass all forms of corporate bodies, including public corporations
such as school districts. Abrahamson v. Saint Louis Cnty. Sch. Dist., 819 N.W.2d 129 (Minn. 2012).
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211A.02 FINANCIAL REPORT
Subd. 1. When and where filed by committees. (a) A committee or a candidate who receives
contributions or makes disbursements of more 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 disbursements of more than $750 and shall continue to make the reports listed in
paragraph (b) until a final report is filed.
(b) The committee or candidate must file a report by January 31 of each year following the
year when the initial report was filed and in a year when the candidate’s name or a ballot
question appears on the ballot, the candidate or committee shall file a report:
(1) ten days before the primary or special primary. This report is required regardless of
whether the candidate or issue is on the primary ballot or a primary is not conducted;
(2) ten days before the general election or special election; and
(3) 30 days after a general or special election.
Subd. 2. Information required. The report to be filed by a candidate or committee must include:
(1) the name of the candidate or ballot question;
(2) the printed name, address, telephone number, signature, and email address, if available,
of the person responsible for filing the report;
(3) the total cash on hand designated to be used for political purposes;
(4) the total amount of contributions and disbursements for the period from the last
previous report to five days before the current report is due;
(5) the amount, date, and purpose for each disbursement; and
(6) the name, address, and employer, or occupation if self-employed, of any individual or
committee that during the year has made one or more contributions that in the aggregate
exceed $100, and the amount and date of each contribution. The filing officer must restrict
public access to the address of any individual who has made a contribution that exceeds
$100 and who has filed with the filing officer a written statement signed by the individual
that withholding the individuals address from the financial report is required for the safety of
the individual or the individual’s family.
Subd. 3. Municipal charter provisions and special laws saved. The provisions of this section requiring
the filing of reports are in addition to the provisions of any municipal charter requiring the
filing of reports in connection with a municipal primary, general election, special primary, or
special election, but they do not replace special laws providing filing requirements for a
municipality.
Subd. 4. Congressional candidates. Candidates for election to the United States House of
Representatives or Senate and any political committees raising money and making
disbursements exclusively on behalf of any one of those candidates may file copies of their
financial disclosures required by federal law in lieu of the financial statement required by this
section. A candidate or committee whose report is published on the Federal Election
Commission Web site has complied with the filing requirements of this section.
Subd. 5. Electronic reporting. The reports required by this section may be filed electronically, subject
to the approval of the filing officer.
Subd. 6. Online accessibility; reports. (a) The filing officer of a local government shall make all reports
required to be filed with the local government under this section available on the local
government's Web site, if the local government maintains a Web site. The filing officer must
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post the reports on the local government's Web site as soon as possible, but no later than 30
days after receipt of the report. The local government must make the reports available on
the local government's Web site for four years from the date the report was posted to the
Web site.
(b) The filing officer shall provide the Campaign Finance and Public Disclosure Board with the
link to the section of the Web site where reports are made available pursuant to paragraph
(a). The Campaign Finance and Public Disclosure Board shall publish on its Web site each link
that a filing officer provides pursuant to this paragraph.
(c) This subdivision does not apply to a statutory or home rule charter city or town if the
statutory or home rule charter city or town has fewer than 400 registered voters as of
January 1 of the year in which the election is to be held.
History: 1988 c 578 art 2 s 2; 1989 c 291 art 1 s 30; 1Sp2001 c 10 art 18 s 39; 2004 c 293 art 2 s 43;
2006
c 242 s 38; 2008 c 244 art 1 s 22; 2010 c 327 s 25; 2014 c 265 s 1; 2014 c 309 s 24; 2023 c 62 art 4 s 127
211A.02 Notes and Decisions
Complaint alleging that school district and school board violated Campaign Financial Reports Act and Fair
Campaign Practices Act, by using public funds to promote the passage of bond issue ballot questions in
referendum election, was insufficient to set forth a prima facie violation, as required to entitle complaints to
hearing; although complaint identified several expenditures for printing and video work that district had made
during campaign period preceding election, and alleged that district superintendent and school principal had
promoted the passage of ballot questions, complaint failed to describe the content of any message communicated
by district employees or board. Barry v. St. Anthony-New Brighton Independent Sch. Dist. 282, 781 N.W.2d 898
(Minn. App. 2010)
In bond referendum context, school district and its board members are neither a candidate nor a committee as
defined by chapter 211A, and district is not required to report contributions or disbursements through the
reporting requirements of chapter. “Disbursement,” as used in statute, does not include payment by a county,
municipality, school district, or other political subdivision for election-related expenditures required or authorized
by law. Barry v. St. Anthony-New Brighton Independent School District 282, OAH 3-6326-20564-CV (May 21, 2009).
Statute applied to candidate for mayor of municipality; candidate’s failure to file complete and accurate campaign
finance reports justified fine. Osmek v. McKinley, OAH 8-6326-20255-CV (April 8, 2009)
Administrative hearing process established to hear complaints alleging violations of statutes establishing financial-
reporting requirements for political candidates and committees acting to influence elections and statutes
regulating campaign practices did not violate the separation-of-powers doctrine and amount to an
unconstitutional delegation of district court’s original jurisdiction. Riley v. Jankowski, 713 N.W.2d 379 (Minn. App.
2006).
211A.03 FINAL REPORT
A candidate or committee may file a final report when all debts have been settled and all assets in excess
of $100 in the aggregate are disposed of. The final report may be filed at any time and must include the
kinds of information contained in the financial statements required by section 211A.02
for the period
from the last previous report to the date of the final report.
History: 1988 c 578 art 2 s 3
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211A.03 Notes and Decisions
In bond referendum context, school district and its board members are neither a candidate nor a committee as
defined by chapter 211A
, and district is not required to report contributions or disbursements through the
reporting requirements of chapter. Barry v. St. Anthony-New Brighton Independent School District 282, OAH 3-
6326-20564-CV (May 21, 2009).
211A.04 SECRETARY OF STATE’S DUTIES
Subd. 1. Report forms. The secretary of state shall prepare blanks for reports required by section
211A.02
. Copies must be furnished through the county auditor or otherwise, as the secretary of
state finds expedient, to a committee upon request or to a candidate upon filing for office.
History: 1988 c 578 art 2 s 4
211A.05 FAILURE TO FILE STATEMENT
Subd. 1. Penalty. A candidate who intentionally fails to file a report required by section 211A.02 or a
certification required by this section is guilty of a misdemeanor. The treasurer of a committee
formed to promote or defeat a ballot question who intentionally fails to file a report required by
section
211A.02 or a certification required by this section is guilty of a misdemeanor. Each
candidate or treasurer of a committee formed to promote or defeat a ballot question shall
certify to the filing officer that all reports required by section
211A.02 have been submitted to
the filing officer or that the candidate or committee has not received contributions or made
disbursements exceeding $750 in the calendar year. The certification shall be submitted to the
filing officer no later than seven days after the general or special election. The secretary of state
shall prepare blanks for this certification. An officer who issues a certificate of election to a
candidate who has not certified that all reports required by section
211A.02 have been filed is
guilty of a misdemeanor.
Subd. 2. Notice of failure to file. If a candidate or committee has filed an initial report but fails to file a
subsequent report on the date it is due, the filing officer shall immediately notify the candidate
or committee of the failure to file. If a report is not filed within ten days after the notification is
mailed, the filing officer shall file a complaint under section 211B.32
.
History: 1988 c 578 art 2 s 5; 1989 c 291 art 1 s 31; 2004 c 277 s 3; 2008 c 244 art 1 s 23; 2010 c 327 s 26
211A.05 Notes and Decisions
In bond referendum context, school district and its board members are neither a candidate nor a committee as
defined by chapter 211A
, and district is not required to report contributions or disbursements through the
reporting requirements of chapter. Barry v. St. Anthony-New Brighton Independent School District 282, OAH 3-
6326-20564-CV (May 21, 2009)
County auditor does not have authority to omit name of a nominee from general election ballot because affidavit
of disbursements discloses disbursements in excess of amount allowed by law. Op. Atty. Gen. 627C-12, September
29, 1948.
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211A.06 FAILURE TO KEEP ACCOUNT; PENALTY
A treasurer or other individual who receives money for a committee is guilty of a misdemeanor if the
individual:
1. fails to keep a correct account as required by law;
2. mutilates, defaces, or destroys an account record; or
3. in the case of a committee, refuses upon request to provide financial information to a candidate;
and
4. does any of these things with the intent to conceal receipts or disbursements, the purpose of
receipts or disbursements, or the existence or amount of an unpaid debt or the identity of the
person to whom it is owed.
History: 1988 c 578 art 2 s 6
211A.06 Notes and Decisions
In bond referendum context, school district and its board members are neither a candidate nor a committee as
defined by chapter 211A, and district is not required to report contributions or disbursements through the
reporting requirements of chapter. Time expended by school district employees who attended public or private
meetings in support of referendum during business hours is not a reportable “contribution,” because it is not a
thing of value given or loaned to either a “candidate” or a “committee.” Barry v. St. Anthony-New Brighton
Independent School District 282, OAH 3-6326-20564-CV (May 21, 2009).
211A.07 BILLS WHEN RENDERED AND PAID
A person who has a bill, charge, or claim against a candidate’s committee shall render it in writing to the
committee within 60 days after the material or service is provided. A bill, charge, or claim that is not
presented within 60 days after the material or service is provided must not be paid.
History: 1988 c 578 art 2 s 7
211A.08 PROSECUTION
Subd. 3. County attorney authority. A county attorney may prosecute any violation of this chapter.
History: 1986 c 444; 1988 c 578 art 2 s 8; 2004 c 277 s 4
211A.08 Notes and Decisions
County attorney may proceed by complaint and information rather than impaneling grand jury. Op. Atty. Gen.
627B-1, August 18, 1966.
Attorney employed to assist county attorney is not required to conduct a private and independent investigation
but may conduct same so as to enable attorney to present the county attorney relevant facts and names of
witnesses capable giving competent testimony in proceeding. Op. Atty. Gen. 121A-1, September 26, 1952.
Duty of county attorney is to prosecute violations of Act, not to bring proceedings to annul election. Op. Atty. Gen.
121-B-9, April 5, 1940.
211A.09 FORFEITURE OF NOMINATION OR OFFICE
Subd. 1. Forfeiture required. Except as provided in subdivision 2, if a candidate is convicted of
violating a provision of this chapter or if an offense was committed by another individual
with the knowledge, consent, or connivance of the candidate, the court, after entering the
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adjudication of guilty, shall enter a supplemental judgment declaring that the candidate has
forfeited the nomination or office. If the court enters the supplemental judgment, it shall
transmit to the filing officer a transcript of the supplemental judgment, the nomination or
office becomes vacant, and the vacancy must be filled as provided by law.
Subd. 2. Circumstances where nomination or office not forfeited. In a trial for a violation of this
chapter, the candidate’s nomination or election is not void if the court finds that:
(1) an offense, though committed by the candidate or with the candidate’s knowledge,
consent, or connivance, was trivial; or
(2) an act or omission of a candidate arose from accidental miscalculation 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.
Neither of these findings is a defense to a conviction under this chapter.
History: 1988 c 578 art 2 s 9
211A.09 Notes and Decisions
To sustain charge under this section must show omissions were deliberate, serious, and material violations of
election law. Moulton v. Newton, 274 Minn. 545, 144 N.W. 2d 706 (1966). As to whether acts complained of are
trivial or unimportant, see Bank v. Egan, 240 Minn. 192, 60 N.W. 2d 257 (1953).
211A.10 DISQUALIFIED INDIVIDUALS NOT TO HOLD VARIOUS POSITIONS
A candidate whose election to office has been set aside for a violation of this chapter may not be
appointed, during the period fixed by law as the term of the office, to fill a vacancy that may occur in the
office. A candidate or other individual who is convicted of a violation of this chapter may not be
appointed, during the period fixed by law as the term of the office with respect to which the election
was held and the offense was committed, to fill a vacancy in the office. An appointment to an office
made contrary to this section is void.
A candidate or other individual who is convicted of a violation of this chapter is not qualified, during the
period fixed by law as the term of the office with respect to which the election was held and the offense
was committed, to fill a vacancy in an office for which the legislature may establish qualifications under
article XII, section 3
, of the Minnesota Constitution.
History: 1988 c 578 art 2 s 10
211A.10 Notes and Decisions
Legislature may regulate the exercise of the right to vote. This section held not to add to the constitutional
qualifications for holding office. Saari v. Gleason, 126 Minn. 378, 148 N.W. 293 (1914).
211A.11 PENALTIES FOR VIOLATIONS
A violation of this chapter for which no other penalty is provided is a misdemeanor.
History: 1988 c 578 art 2 s 11
211A.12 CONTRIBUTION LIMITS
A candidate or a candidate’s committee may not accept aggregate contributions made or delivered by an
individual or committee in excess of $600 in an election year for the office sought and $250 in other
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years; except that a candidate or a candidate’s committee for an office whose territory has a population
over 100,000 may not accept aggregate contributions made or delivered by an individual or committee
in excess of $1,000 in an election year for the office sought and $250 in other years.
The following deliveries are not subject to the bundling limitation in this section:
(1) delivery of contributions collected by a member of the candidate’s committee, such as a block
worker or a volunteer who hosts a fundraising event, to the committee’s treasurer; and
(2) a delivery made by an individual on behalf of the individual’s spouse.
Notwithstanding sections 211A.02, subdivision 3, and 410.21
, this section supersedes any home rule
charter.
History: 1993 c 318 art 2 s 46; 1997 c 224 s 1; 2014 c 265 s 2
211A.13 PROHIBITED TRANSFERS
A candidate for political subdivision office must not accept contributions from the principal campaign
committee of a candidate as defined in section 10A.01, subdivision 34
. A candidate for political
subdivision office must not make contributions to a principal campaign committee, unless the
contribution is made from the personal funds of the candidate for political subdivision office.
History: 1993 c 318 art 2 s 47; 2003 c 2 art 1 s 21
211A.13 Notes and Decisions
Section prohibits transfers of funds between candidates and committees subject to Chapter 10A, but not transfers
between candidates for local offices. Op. Atty. Gen. 627e, August 1, 1994.
211A.14 CONTRIBUTIONS AND SOLICITATIONS DURING LEGISLATIVE SESSION
A legislator or state constitutional officer who is a candidate for a county, city, or town office, the
candidate’s principal campaign committee, and any other political committee with the candidate’s name
or title may not solicit or accept a contribution from a political fund or registered lobbyist during a
regular session of the legislature.
History: 1997 c 224 s 2
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CHAPTER 211B FAIR CAMPAIGN PRACTICES
211B.01 DEFINITIONS
Subd. 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 that is
disseminated for the purpose of influencing 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 nomination 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 and vice-
president of the United States.
Subd. 4. Committee. “Committee” means two or more persons acting 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: 1988 c 578 art 3 s 1; 2004 c 293 art 3 s 1
211B.01 Notes and Decisions
To set forth a “prima facie case” on a complaint alleging a violation of Campaign Financial Reports Act or Fair
Campaign Practices Act, the party must either submit evidence or allege facts that, if unchallenged or accepted as
true, would be sufficient to prove that the party is entitled to the requested relief. Abrahamson v. St. Louis County
School Dist., 802 N.W.2d 393 (Minn. App. 2011).
Complaint alleging that school district and school board violated Campaign Financial Reports Act and Fair
Campaign Practices Act, by using public funds to promote the passage of bond issue ballot questions in
referendum election, was insufficient to set forth a prima facie violation, as required to entitle complaints to
hearing; although complaint identified several expenditures for printing and video work that district had made
during campaign period preceding election, and alleged that district superintendent and school principal had
promoted the passage of ballot questions, complaint failed to describe the content of any message communicated
by district employees or board. Barry v. St. Anthony-New Brighton Independent Sch. Dist. 282, 781 N.W.2d 898
(Minn. App. 2010).
Respondent’s “legislative review,” distributed as paid insert to local paper, constituted campaign material within
the meaning of statute. Gadsden v. Kiffmeyer, OAH 3-0320-21609-CV (November 1, 2010).
Because of potential chilling effect on free speech rights of chambers of commerce that operated as nonprofit
corporations, chambers satisfied injury-in-fact requirement for Article III standing in action challenging
constitutionality of statutes; case was ripe for review; and chambers had reasonable fear of prosecution under
statute. St. Paul Area Chamber of Commerce v. Gaertner, 439 F.3d 481 (8th Cir. 2006).
Previous provision of statute defining “campaign material” as any material that “tend[s] to influence voting at a
primary or other election” was unconstitutionally vague under the First Amendment. Minnesota Citizens
Concerned for Life, Inc. v. Kelley, 291 F.Supp.2d 1052 (D. Minn. 2003), affirmed in part and reversed in part on
other grounds, 427 F.3D 1106 (8th Cir. 2005)
Office of the Minnesota Secretary of State – Campaign Manual
27
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. Munnell v.
Rowlette, 275 Minn. 94, 145 N.W. 2d 531 (1966).
Act applies to city charter election. Op. Atty. Gen. 627B-1, August 18, 1966.
Committee formed to support constitutional amendment must file statement of receipts and disbursements. Op.
Atty. Gen. 627B-2, August 26, 1952.
The term “voluntary committee” is but another name for a political committee under this section. Such a
committee may not be organized as a mere subterfuge to evade the Fair Campaign Practices Act. Op. Atty. Gen.
627C-7, August 30, 1946.
The Fair Campaign 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 bringing
about or preventing the adoption of an ordinance. Op. Atty. Gen. 627B-1, October 14, 1942.
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 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 of an individual without first getting
written permission from the individual to do so.
History: 1988 c 578 art 3 s 2
211B.02 Notes and Decisions
Government defendants were entitled to summary judgment under Eleventh Amendment because evidence
supplied by plaintiffs regarding historical prosecutions under Minn. Stat. 211B.02 was insufficient to create
genuine issue of material facts as to defendants’ alleged waiver of Eleventh Amendment immunity. Minn. RFL
Republican Farmer Labor Caucus v. Moriarty, 661 F.Supp.3d 891 (D. Minn. 2023).
Because a school district is a public corporation, it is subject to campaign-finance-reporting requirements if it acts
to promote or defeat a ballot question. Minnesota Voters Alliance v. Anoka-Hennepin Sch. Dist., 868 N.W.2d 703
(Minn. App. 2015).
Campaign statute governing false claims of support, violated by Minnesota Supreme Court candidate who falsely
claimed that a party’s judicial-election committee endorsed her, was not overbroad in violation of the First
Amendment; statute only prohibited a candidate from making a knowingly false claim, statute did not prohibit a
candidate from truthfully reporting receipt of a party sub-unit’s endorsement, and counter-speech, even media
statements and retractions, was not an effective alternative means to combat false claims of support or
endorsement. Linert v. MacDonald, 901 N.W.2d 664 (Minn. Ct. App. 2017).
Complainant demonstrated by a preponderance of the evidence that Respondent violated statute by falsely stating
in written campaign material that Respondent had the endorsement of particular state legislators. Forney v. Bourn,
OAH 11-0325-20954-CV (March 19, 2010).
Complainant failed to demonstrate by a preponderance of the evidence that Respondent violated statute by
stating that Respondent had endorsement of union before endorsement was officially made; statute requires
candidates to obtain written permission before claiming to have been endorsed by individuals, not organizations.
Bourn v. Forney, OAH 11-0325-20954-CV (March 19, 2010).
Complainant failed to demonstrate by a preponderance of the evidence that Respondent violated statute where
Respondent’s website from a previous campaign, accessible only due to a web-browser glitch, accurately described
endorsements made in that campaign, and Respondent corrected error when she learned of it. Bourn v. Forney,
OAH 11-0325-20954-CV (March 19, 2010).
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Statute requires actual written permission of purported endorser in order to allow claim of endorsement; there is
no exception for national political leaders, or for inferences drawn from leaders’ public statements. Repke v. Saint
Paul Better Ballot Campaign, OAH 3-0325-20939-CV (November 30, 2009).
Candidate’s claim of endorsement from a person, published without the person’s written permission, justified
levying fine on candidate, even though person did in fact support candidate. Bicking v. Rybak, OAH 4-6326-20522-
CV (July 28, 2009).
Use of sample ballot falsely implied party endorsement. Matter of Contest of Election in DFL Primary, 344 N.W.2d
826 (Minn. 1983).
Prominent political leaders are not “units of political party.” Graves v. Meland, 264 N.W.2d 401 (Minn. 1978).
211B.03 USE OF THE TERM REELECT
A person or candidate may not, in the event of redistricting, use the term “reelect” in a campaign for
elective office unless the candidate is the incumbent of that office and the office represents any part of
the new district.
History: 1988 c 578 art 3 s 3
211B.04 CAMPAIGN MATERIAL MUST INCLUDE DISCLAIMER
Subd. 1. Campaign material. (a) A person who participates in the preparation or dissemination of
campaign material other than as provided in section 211B.05
, subdivision 1, that does not
prominently include the name and address of the person or committee causing the material
to be prepared or disseminated in a disclaimer substantially in the form provided in
paragraph (b) or (c) is guilty of a misdemeanor.
(b) Except in cases covered by paragraph (c), the required form of disclaimer is: "Prepared
and paid for by the ....... committee, ....... (address)" for material prepared and paid for by a
principal campaign committee, or "Prepared and paid for by the ....... committee, .......
(address)" for material prepared and paid for by a person or committee other than a
principal campaign committee. The address must be either the committee's mailing address
or the committee's website, if the website includes the committee's mailing address. If the
material is produced and disseminated without cost, the words "paid for" may be omitted
from the disclaimer.
(c) In the case of broadcast media, the required form of disclaimer is: "Paid for by the .......
committee." If the material is produced and broadcast without cost, the required form of the
disclaimer is: "The ....... committee is responsible for the content of this message."
Subd. 2. Independent expenditures. (a) The required form of the disclaimer on a written independent
expenditure is: "This is an independent expenditure prepared and paid for by ....... (name of
entity participating in the expenditure), ....... (address). It is not coordinated with or approved
by any candidate nor is any candidate responsible for it." The address must be either the
entity's mailing address or the entity's website, if the website includes the entity's mailing
address. When a written independent expenditure is produced and disseminated without
cost, the words "and paid for" may be omitted from the disclaimer.
(b) The required form of the disclaimer on a broadcast independent expenditure is: "This
independent expenditure is paid for by ....... (name of entity participating in the expenditure).
It is not coordinated with or approved by any candidate nor is any candidate responsible for
it." When a broadcast independent expenditure is produced and disseminated without cost,
the following disclaimer may be used: "....... (name of entity participating in the expenditure)
Office of the Minnesota Secretary of State – Campaign Manual
29
is responsible for the contents of this independent expenditure. It is not coordinated with or
approved by any candidate nor is any candidate responsible for it."
Subd. 3. Material that does not need a disclaimer. (a) This section does not apply to fund-raising
tickets, business cards, personal letters, or similar items that are clearly being distributed by
the candidate.
(b) This section does not apply to an individual or association that is not required to register
or report under chapter 10A or 211A
.
(c) This section does not apply to the following:
(1) bumper stickers, pins, buttons, pens, or similar small items on which the disclaimer
cannot be conveniently printed;
(2) skywriting, wearing apparel, or other means of displaying an advertisement of such a
nature that the inclusion of a disclaimer would be impracticable; and
(3) online banner ads and similar electronic communications that link directly to an online
page that includes the disclaimer.
(d) This section does not modify or repeal section 211B.06
.
Subd. 4. Websites. The requirements of this section are satisfied for an entire website or social media
page when the disclaimer required in subdivision 1 or 2 appears once on the home page of
the site.
Subd. 5. Font size. For written communications other than an outdoor sign, website, or social media
page, the disclaimer must be printed in 8-point font or larger.
History: 1988 c 578 art 3 s 4; 1991 c 227 s 24; 1998 c 376 s 2; 2004 c 293 art 3 s 2; 2010 c 397 s 15
; 2015
c 73 s 22; 2018 c 119 s 33
211B.04 Notes and Decisions
Statute requiring campaign materials to include disclaimer regarding preparation of materials did not
impermissibly restrict right to free speech, because statute expressly limited reach to political candidates and
campaign committees. Lewison v. Hutchinson, 929 N.W.2d 444 (Minn. Ct. App. 2019).
Public display of political candidate’s lawn signs without required disclaimer to inform voters about election-
related spending was continuing violation of statute requiring disclaimer, and thus applicable one-year limitations
period for challenging violations of statute did not begin to run while signs remained up. Lewison v. Hutchinson,
929 N.W.2d 444 (Minn. Ct. App. 2019).
Respondent’s “legislative review”, distributed as a paid insert to local paper, substantially complied with disclaimer
requirement contained in statute. Gadsden v. Kiffmeyer, OAH 3-0320-21609-CV (November 1, 2010).
Because disclaimer requirement in statute could be violated by completely truthful anonymous statements made
by individuals acting independently from any candidate and using their own resources, and there were no
overriding state interests that permitted statute to limit such political expression under the exacting scrutiny
standard, disclaimer requirement was overbroad and unconstitutional, restricted pure speech in violation of the
First Amendment. Riley v. Jankowski, 713 N.W.2d 379 (Minn. App. 2006).
Because disclaimer requirement in statute directly attacks core political speech unsupported by an interest in
avoiding the appearance of corruption, statute violates the First Amendment. Minnesota Citizens Concerned for
Life, Inc. v. Kelley, 291 F.Supp.2d 1052 (D. Minn. 2003), affirmed in part and reversed in part on other grounds, 427
F.3d 1106 (8th Cir. 2005).
Former sections (a) and (b) of this section were unconstitutional pursuant to McIntyre v. Ohio Elections Comm’n,
514 U.S. 334, 115 S. Ct. 1511 (1994). Op. Atty. Gen. 82t, August 27, 1997.
Absence of authorship clause on cards held trivial. Miske v. Fisher, 193 Minn. 514, 259 N.W. 18 (1935).
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30
If open letter is circulated in interest of better government and not for particular candidate, then section does not
require, in addition to author’s name and address, name of any candidate. Op. Atty. Gen. 627J-3, October 6, 1948.
See also Op. Atty. Gen. 627J-3, February 10, 1947 on the same issue.
Emery boards must bear name and address of author. Op. Atty. Gen. 627F-1, September 24, 1948.
Sticker with nothing more on it than the name of a person for whom votes are desired is not in effect a campaign
card. Op. Atty. Gen. 627J-1, August 18, 1942.
Use of a patriotic poster with candidate’s solicitation of votes thereon must bear the name and address of the
author. Op. Atty. Gen. 627F-1, August 18, 1942.
Name of person or persons on committee who authorize insertion of advertisement must be stated. Op. Atty. Gen.
627C-5, October 1, 1938.
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 of an
appeal or argument does not need to state its authorship. Op. Atty. Gen. 627J-1, March 16, 1936.
211B.045 NONCOMMERCIAL SIGNS EXEMPTION
All noncommercial signs of any size may be posted in any number beginning 46 days before the state
primary in a state general election year until ten days following the state general election. Municipal
ordinances may regulate the size and number of noncommercial signs at other times.
History: 1990 c 585 s 30; 2004 c 142 s 1; 2010 c 184 s 42; 2013 c 131 art 2 s 74
211B.05 PAID ADVERTISEMENTS IN NEWS
Subd. 1. Acceptance of paid advertisements. A newspaper, periodical, or magazine may not
intentionally accept for insertion in the newspaper, magazine, or periodical a political
advertisement unless the words “PAID ADVERTISEMENT,” and the disclaimer required under
section 211B.04
are included at the beginning or end of the advertisement. The disclaimer
must be in a legible text size and font. A radio station, television station, or cable system may
not accept for broadcast a political advertisement unless the words “PAID ADVERTISEMENT”
are included at the beginning or end of the advertisement.
Subd. 2. Advertising rates. Rates charged for advertising to support or oppose a candidate or ballot
question must be the same as the charges made for any other political candidate and may be
no greater than charges made for any other comparable purpose or use according to the
seller’s rate schedule.
Subd. 3. Compensation prohibited, except for paid advertisement. An owner, publisher, editor,
reporter, agent, broadcaster, or employee of a newspaper, periodical, magazine, radio or
television broadcast station, or cable system may not directly or indirectly solicit, receive, or
accept a payment, promise, or compensation, nor may a person pay or promise to pay or in
any manner compensate an owner, publisher, editor, reporter, agent, broadcaster, or
employee directly or indirectly for influencing or attempting to influence voting at an
election or primary through printed material in the newspaper or periodical, or radio,
television, or cable broadcast, except as a “PAID ADVERTISEMENT” as provided in this
section.
Subd. 4. Unpaid material identification. Unpaid material published in a newspaper, magazine, or
other publication that is: (1) in unique typeset or otherwise differentiated from other unpaid
material, (2) designed to influence 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 as an editorial opinion.
Office of the Minnesota Secretary of State – Campaign Manual
31
History: 1988 c 578 art 3 s 5; 2001 c 143 s 1
211B.05 Notes and Decisions
Newspaper’s decision to reprint candidates’ campaign ads due to errors in initial printing did not violate statute,
even though reprinting, unlike initial printing, was in ad space usually costing more than candidates paid for initial
printing. Clausen v. Star Tribune, OAH 3-0325-20975-CV (November 23, 2009).
211B.06 FALSE POLITICAL AND CAMPAIGN MATERIAL
Subd. 1. Gross misdemeanor. A person is guilty of a gross misdemeanor who intentionally
participates in the preparation, dissemination, or broadcast of paid political advertising or
campaign material with respect to the personal or political character or acts of a candidate,
or with respect to the effect of a ballot question, that is designed or tends to elect, injure,
promote, or defeat a candidate for nomination or election to a public office or to promote or
defeat a ballot question, that is false, and that the person knows is false or communicates to
others with reckless disregard of whether it is false.
A person is guilty of a misdemeanor who intentionally participates in the drafting of a letter
to the editor with respect to the personal or political character or acts of a candidate, or with
respect to the effect of a ballot question, that is designed or tends to elect, injure, promote,
or defeat any candidate for nomination or election to a public office or to promote or defeat
a ballot question, that is false, and that the person knows is false or communicates to others
with reckless disregard of whether it is false.
Subd. 2. Exception. Subdivision 1 does not apply to any person or organization whose sole act is, in
the normal course of their business, the printing, manufacturing, or dissemination of the
false information.
History: 1988 c 578 art 3 s 6; 1998 c 376 s 3
211B.06 Notes and Decisions
***In the case of 281 Care Committee et al v. Arneson et al., (Case No. 13-1229) issued September 2, 2014, the
United States Court of Appeals for the Eighth Circuit determined that 211B.06 failed a constitutional challenge
under the First Amendment and was void.
Claim that district court improperly refused to accept candidate’s election contest filing because district court’s
decision was not a “duty concerning an election”; statute is not a broad vehicle through which any conduct with
any relationship to an election, however tangential, can be challenged. Carlson v. Ritchie, 830 N.W.2d 887 (Minn.
2013).
Budget projection based on “worst case” scenario was not sufficient to establish actual malice, and therefore
publication of projection in support of ballot question did not constitute publication of a false statement in
connection with a ballot question; using “worst case” assumptions was more akin to producing a “slanted”
statement than it was to producing a statement that was demonstrably false. Abrahamson v. Saint Louis Cnty. Sch.
Dist., 819 N.W.2d 129 (Minn. 2012).
Claim alleging a violation of statute that made it a criminal offense to publish a false statement to defeat a ballot
question was required to be filed within one year of the publication of the statement. Abrahamson v. Saint Louis
Cnty. Sch. Dist., 819 N.W.2d 129 (Minn. 2012).
Suit was not void for failure to state a claim for which relief could be granted because statute presents a credible
threat of prosecution for non-defamatory speech about ballot initiatives and plaintiffs presented sufficient
allegations that their non-defamatory speech about ballot initiatives had been chilled to survive a motion to
dismiss. 281 Care Comm. v. Arneson, 638 F.3d 621 (8th Cir. 2011).
Office of the Minnesota Secretary of State – Campaign Manual
32
Complaint failed to provide sufficient evidence to demonstrate that Respondent violated statute because evidence
was insufficient to prove that the Respondent knew that his challenged statement in newspaper advertisement
was false or that he communicated it with reckless disregard as to whether it was false. Carpenter v. Walker, OAH
8-0325-21583-CV (October 25, 2010).
Complainant failed to provide sufficient evidence to demonstrate that Respondent violated statute because
evidence is insufficient to prove that Respondent knew that challenged statement in campaign materials was false
or that he communicated it with reckless disregard as to whether it was false. Fatland v. Smith, OAH 8-0325-
21219-CV (June 9, 2010).
Respondent’s challenged statement in advertisement, while incomplete and somewhat misleading, was not false
within meaning of statute. Erickson v. Education Minnesota Local 1406, OAH 15-0325-21158-CV (May 18, 2010).
Respondent’s challenged statement in advertisement was not false within meaning of statute. House Republican
Campaign Comm. v. Alliance for a Better Minnesota, OAH 3-0320-21132-CV (April 27, 2010).
Summary disposition for Respondent was appropriate because Complainant produced no evidence that
Respondent’s challenged statements were factually false or that Respondent disseminated them with reckless
disregard as to whether they were false. Thul v. Minnesota DFL Party, OAH 11-0320-21159-CV (April 20, 2010).
Statute is directed against false statements of specific facts, and does not prohibit inferences or implications, even
if misleading; moreover, statement that must be proved false is not necessarily the literal phrase published but
rather what a reasonable reader would have understood the author to have said. Hauer v. Katch, OAH 8-0325-
20710-CV (August 3, 2009)
Statute mandated fine be levied upon person who wrote letter to residents of city criticizing City Council and
containing factual allegation writer knew to be false; letter constituted “campaign material” under meaning of
statute. Pahl v. Mucciacciaro, OAH 8-6381-20067-CV (February 11, 2009)
Violation of the statutory prohibition of false campaign material requires a finding of both a false statement and
actual malice of reckless disregard. Statements criticizing official conduct do not lose constitutional protection
merely because they are criticisms and effectively diminish an official’s reputation. Statements in candidate’s
campaign flyer held to be false contentions of fact, rather than statements of opinion protected under the First
Amendment. Penalty of $800 for candidate’s violation of statutory prohibition on false campaign material, based
on candidate’s willfulness and on gravity of violations, held valid. Fine v. Bernstein, 726 N. W. 2d 137 (Minn. App.
2007).
Rights to jury trial of successful candidates in city council election were not violated by administrative hearing
process that heard allegations by their opponents that they violated statutes establishing financial-reporting
requirements for political candidates and committees acting to influence elections and statutes regulating
campaign practices. Riley v. Jankowski, 713 N.W.2d 379 (Minn. App. 2006).
As-applied constitutional challenge to election statute prohibiting false statements that hinged on party-endorsed
candidate’s being prosecuted for allegedly falsely claiming to be only party member who was candidate in county
commissioner race was mooted when charges against candidate were dismissed with prejudice. Republican Party
of Minn., Third Congressional Dist. v. Klobuchar, 381 F.3d 785 (8th Cir. 2004)
This section is not preempted by the Federal Election Campaign Act. However, it is unconstitutionally overbroad
because it extends to statements not made with “actual malice.” State v. Jude, 554 N.W.2d 750 (Minn. Ct. App.
1996).
Extreme and illogical inferences drawn from accurate fact statement was not “false information.” Kennedy v. Voss,
304 N.W.2d 299 (Minn. 1981).
Campaign circular containing earlier laudatory statements about a candidate is not defamatory and, therefore,
does not violate this section. Graves v. Meland, 264 N.W. 2d 401 (Minn. 1978).
False representation regarding source of information is not violation of election laws as long as information is true.
Grotjohn v. McCollar, 291 Minn. 344, 191 N.W. 2d 396 (1971).
Candidate who denied prior knowledge of the details and method of publishing alleged falsehood did not violate
Fair Campaign Practices Act. In re County Commissioner for Wright County, 289 Minn. 523, 185 N.W. 2d 277
(1971).
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Although defamatory of supporters of a candidate, a campaign document held not defamatory of candidate
himself and so no violation of Corrupt Practices Act. Dart v. Erickson, 188 Minn. 344, 191 N.W. 2d 396 (1971).
211B.07 UNDUE INFLUENCE ON VOTERS PROHIBITED
A person may not directly or indirectly use or threaten force, coercion, violence, restraint, damage,
harm, loss, including loss of employment or economic reprisal, undue influence, or temporal or spiritual
injury against an individual to compel the individual to vote for or against a candidate or ballot question.
Abduction, duress, or fraud may not be used to obstruct or prevent 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 gross misdemeanor.
History: 1988 c 578 art 3 s 7
211B.07 Notes and Decisions
Complainant failed to demonstrate preponderance of the evidence that Respondent sheriff threatened coercion,
harm, or loss in order to compel him to cast a ballot for Respondent in the fall election. Turcotte v. Dahl, OAH 4-
0325-21569-CV (October 25, 2010).
Statute requires showing that accused party used or threatened force, coercion, violence, harm, undue influence,
or other similar tactics to compel a person to vote for him or another candidate; showing that accused told a
person not to vote for another candidate is insufficient. Smith v. Ewanika, OAH 12-6302-20444-CV (April 1, 2009).
Campaign flyers distributed by city council candidate, stating that if recipients of the flyers did not remove lawn
signs supporting opponent, that would “not go unnoticed in the future,” did not threaten voters in violation of
section of Fair Campaign Practices Act prohibiting exerting undue influence on voters; vaguely ominous-sounding
language did not make any specific threat. Menne v. Phillips, 2008 WL 2102721 (Minn. App. May 20, 2008)
(unpublished op.).
In absence of showing that incumbent municipal judge by his presence in courtroom on court business for some 1-
1/2 hours during morning of election had interfered with conduct of election in adjacent polling place or had
sought to influence voters or that he was aware that sticker campaign was being conducted for another candidate
for his office, election of incumbent was not invalid on ground that he had violated election statutes. Munnell v.
Rowlette, 275 Minn. 92, 145 N.W. 2d 531 (1966).
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.
Where it is customary for incumbent judge to release prisoners convicted of misdemeanors before Christmas each
year so as to permit them to earn money for Christmas shopping, and there was no showing that prisoners
released pursuant to that practice shortly before election in which incumbent was candidate where voters in
village where election was to be held or had been directed or solicited to vote for incumbent in exchange for their
freedom, there was nothing in such conduct to justify any invalidation of incumbent’s reelection. Id.
Corrupt Practices Act is directed to actions of candidates for office and to persons for who he is responsible. Id.
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.
Judgment that contestee’s attempted coercion of voters on public relief by threats that he, as chairman of
emergency relief board, would have them removed from relief if they did not support him in his campaign for
county commissioner, was limited in character and that his election was free from offensive and illegal acts is
reversed and judgment directed that contestee’s election be annulled and set aside. Fritz v. Hanfler, 195 Minn. 640
263 N.W. 10 (1935).
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211B.075 INTIMIDATION AND INTERFERENCE WITH THE VOTING PROCESS;
PENALTIES
Subd. 1. Intimidation. (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:
(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
(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.
(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 plaintiff must demonstrate
that the action or attempted action would cause a reasonable person to feel intimidated. The
plaintiff does not need to show that the defendant intended to cause the victim to feel
intimidated.
Subd. 2. Deceptive practices. (a) No person may, within 60 days of an election, cause information to be
transmitted by any means that the person:
(1) intends to impede or prevent another person from exercising the right to vote; and
(2) knows to be materially false.
(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.
Subd. 3. Interference with registration or voting. 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.
Subd. 4. Vicarious liability; conspiracy. 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:
(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
(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.
Subd. 5. Criminal penalties; civil remedies. (a) A person who violates this section is guilty of a gross
misdemeanor.
(b) The attorney general, a county attorney, 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 if there is a
reasonable basis to believe that an individual or entity is committing or intends to commit a
prohibited act.
(c) The attorney general, a county attorney, 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,
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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.
(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.
History: 2023 c 34 art 2 s 2
211B.076 INTIMIDATION AND INTERFERENCE RELATED TO THE PERFORMANCE
OF DUTIES BY AN ELECTION OFFICIAL; PENALTIES
Sub. 1. Definition. For the purposes of this section, "election official" means a member of a canvassing
board, the county auditor or municipal clerk charged with duties relating to elections, a
member of a ballot board, an election judge, an election judge trainee, or any other
individual assigned by a state entity or county or municipal government to perform official
duties related to elections.
Subd. 2. Intimidation. (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 another with the intent to influence an election official in the performance
of a duty of election administration.
(b) In a civil action brought to prevent and restrain violations of this subdivision or to require the
payment of civil penalties, the plaintiff may show that the action or attempted action would
cause a reasonable person to feel intimidated. The plaintiff does not need to show that the
defendant intended to cause the victim to feel intimidated.
Subd. 3. Interfering with or hindering the administration of an election. A person may not intentionally
hinder, interfere with, or prevent an election official's performance of a duty related to
election administration.
Subd. 4. Dissemination of personal information about an election official. (a) A person may not
knowingly and without consent make publicly available, including but not limited to through
the Internet, personal information about an election official or an election official's family or
household member if:
(1) the dissemination poses an imminent and serious threat to the official's safety or the safety
of an official's family or household member; and
(2) the person making the information publicly available knows or reasonably should know of
any imminent and serious threat.
(b) As used in this subdivision, "personal information" means the home address of the election
official or a member of an election official's family, directions to that home, or photographs
of that home.
Subd. 5. Obstructing access. A person may not intentionally and physically obstruct an election official's
access to or egress from a polling place, meeting of a canvassing board, place where ballots
and elections equipment are located or stored, or any other place where the election official
performs a duty related to election administration.
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Subd. 6. Tampering with voting equipment. (a) A person may not access without authorization, tamper
with, or facilitate unauthorized access to or tampering with an electronic voting system,
electromechanical voting equipment, or an election night reporting system before, during, or
after any election required by law.
(b) A person may not knowingly publish or cause to be published passwords or other
confidential information relating to an electronic voting system. In addition to any other
remedies and penalties provided by this section, the secretary of state, county auditor, or
municipal clerk must immediately revoke any authorized access rights of a person found to
be in violation of this paragraph.
Subd. 7. Tampering with ballot box. A person may not willfully tamper with or open a ballot box,
including a ballot drop box, except for the purpose of conducting official duties as expressly
authorized by law.
Subd. 8. Tampering with statewide voter registration system, registration list, or polling place roster.
Except for the purpose of conducting official duties, a person may not engage in any of the
following, with an intention to procure or prevent the election of any person, or to prevent
any voter from voting:
(1) mutilate, change, or erase any name, figure, or word in the statewide voter registration
system;
(2) mutilate, change, erase, or destroy any part of a registration list or polling place roster,
including any name, figure, or word on the list or roster; or
(3) remove any part of a registration list or polling place roster from the place where it has been
deposited.
Subd. 9. Unauthorized access to statewide voter registration system. A person may not knowingly
access, or attempt to access, the statewide voter registration system except for the purpose
of conducting official duties as expressly authorized by law.
Subd. 10. Vicarious liability; conspiracy. 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:
(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
(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.
Subd. 11. Criminal penalties; civil remedies. (a) Except as otherwise provided, a person who violates this
section is guilty of a gross misdemeanor.
(b) The attorney general, a county attorney, or an election official may bring a civil action to
prevent or restrain a violation of this section if there is a reasonable basis to believe that an
individual or entity is committing or intends to commit a prohibited act.
(c) The attorney general, or an election official injured by an act prohibited by this section, may
bring a civil action pursuant to section 8.31 to recover damages, together with costs of
investigation and reasonable attorney fees, and receive other equitable relief as determined
by the court. An action brought by an election official under section 8.31, subdivision 3a, is in
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the public interest. In addition to all other damages, the court may impose a civil penalty of
up to $1,000 for each violation.
(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.
History: 2023 c 62 art 4 s 128
211B.08 SOLICITATION OF CONTRIBUTIONS PROHIBITED
Note: This statute has been held unconstitutional by the Eighth Circuit Court of Appeals. See Citizens for Life V.
Kelley, 427 F.3d 1106 (8
th
Cir. 2005).
211B.08 Notes and Decisions
Provision prohibiting religious, charitable, or educational organizations from requesting donations from candidates
or committees was not narrowly tailored to serve state interest in prohibiting organizations from soliciting money
from candidates in exchange for votes, and thus violated those organizations’ First Amendment right to solicit
contributions. Minnesota Citizens Concerned for Life, Inc. v. Kelley, 427 F.3d 1106 (8th Cir. 2005), reversing 291
F.Supp.2d 1052 (D. Minn. 2003).
211B.09 PROHIBITED PUBLIC EMPLOYEE ACTIVITIES
An employee or official of the state or of a political subdivision may not use official authority or influence
to compel a person to apply for membership in or become a member of a political organization, to pay or
promise to pay a political contribution, or to take part in political activity. A political subdivision may not
impose or enforce additional limitations on the political activities of its employees.
History: 1988 c 578 art 3 s 9
211B.09 Notes and Decisions
Display of campaign literature at courthouse not within meaning of “compel”. Burns v. Valen, 400 N.W. 2d 123
(Minn. Ct. App. 1987).
211B.10 INDUCING OR REFRAINING CANDIDACY; TIME OFF FOR PUBLIC OFFICE
MEETINGS
Subd. 1. Inducing or refraining from candidacy. A person may not reward or promise to reward
another in any manner to induce the person to be or refrain from or cease being a candidate.
A person may not solicit or receive a payment, promise, or reward from another for this
purpose.
Subd. 1a. Prohibited activities of a political party. A political party unit may not, through imposition or
threatened imposition of any fine, sanction, or other penalty, attempt to coerce an individual
who does not have the party unit’s official endorsement as a means to prevent the individual
from filing as a candidate for office.
Subd. 2. Time off for public office meetings. A person elected to a public office must be permitted
time off from regular employment to attend meetings required by reason of the public
office. The time off may be without pay, with pay, or made up with other hours, as agreed
between the employee and employer. When an employee takes time off without pay, the
employer shall make an effort to allow the employee to make up the time with other hours
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when the employee is available. No retaliatory action may be taken by the employer for
absences to attend meetings necessitated by reason of the employee’s public office.
History: 1988 c 578 art 3 s 10; 2012 c 250 s 3
211B.11 ELECTION DAY PROHIBITIONS
Subd. 1. Soliciting near polling places. (a) A person must not:
(1) ask, solicit, or in any manner try to induce or persuade a voter to vote for or refrain from
voting for a candidate or ballot question; or
(2) wear, exhibit, or distribute any item that displays:
(i) the name, likeness, logo, or slogan of a candidate who appears on the ballot;
(ii) the number, title, subject, slogan, or logo of a ballot question that appears on the ballot;
or
(iii) the name, logo, or slogan of a political party represented by a candidate on the ballot.
For purposes of this paragraph, “item” includes pamphlets, advertisement, flyers, signs,
banners, stickers, buttons, badges, pencils, pens, shirts, hats, or any similar item.
(b) The prohibitions in paragraph (a) apply during voting hours:
(1) throughout the absentee and early voting periods:
(i) within a polling place; and
(ii) within 100 feet of the room in which a polling place is situated, to the extent practicable;
and
(2) on the day of a primary or general election:
(i) within a polling place;
(ii) within 100 feet of the building in which a polling place is situated, and
(iii) anywhere on the public property on which a polling place is situated.
(c) Nothing in this subdivision prohibits the distribution of “I VOTED” stickers as provided in
section 204B.49.
Subd. 3. Transportation of voters to polling place; penalty. A person transporting a voter to or from
the polling place may not ask, solicit, or in any manner try to induce or persuade a voter on
primary or election day to vote or refrain from voting for a candidate or ballot question.
Subd. 4. Penalty. Violation of this section is a petty misdemeanor.
History: 1988 c 578 art 3 s 11; 1989 c 291 art 1 s 32; 1993 c 223 s 25; 2014 c 288 art 2 s 8;
2017 c 92 art 1
s 27; 2023 c 62 art 4 s 129
211B.11 Notes and Decisions
Minnesota statute and election policy prohibiting display of political materials, including political apparel in the
polling place, as applied, did not violate political organization’s freedom of speech rights under First Amendment;
banning apparel with organization’s name and logo was reasonable because it was wholly consistent with state’s
legitimate interest in preserving polling place decorum and neutrality. Minnesota Majority v. Mansky, 849 F.3d 749
(8
th
Cir. 2017), cert. granted 138 S.Ct. 446.
Excluding political organization’s “Please I.D. Me” buttons from polling place was rationally related to state’s
interests in maintaining decorum of the polls, preserving integrity of elections, and protecting voters from
confusion and undue influence. Statute and election policy prohibiting display of political materials in the polling
place, as applied, did not violate First Amendment right to freedom of speech. Minnesota Majority v. Mansky, 62
F.Supp.3d 870 (D. Minn. 2014).
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Statute did not facially violate First Amendment right to freedom of speech, because statute was viewpoint neutral
as applicable to all political material regardless of viewpoint, was reasonable restriction of speech in nonpublic
forum in light of purpose that forum served and state’s legitimate interest in maintaining peace, order, and
decorum in polling place, and had plainly legitimate sweep. As-applied challenge remanded to district court for
further proceedings. Minnesota Majority v. Mansky, 708 F.3d 1051 (8
th
Cir. 2013).
Statute prohibiting display of political material at or about the polling place, as applied by written state election
day policy prohibiting wearing of political buttons and clothing, was viewpoint neutral and was reasonably related
to the legitimate state interest of maintaining safe, orderly, advocacy-free polling places, as required by First
Amendment; inclusion of illustrative examples in policy, including plaintiffs’ political organization, did not alter the
viewpoint neutrality of the policy, and fact that policy was promulgated following plaintiff election judge’s inquiry
did not support a finding that the policy was not viewpoint neutral or that the restrictions were content-based.
Minnesota Majority v. Mansky, 789 F.Supp.2d 1112 (D. Minn. 2011).
Suit against county officials and Secretary of State alleging that enforcement of statutory bar on the wearing of
political badges, political buttons, and other political insignia within polling places violated plaintiffs’ constitutional
rights failed to state a claim for which relief count be granted. Minnesota Majority v. Mansky, No. 10-4401 (D.
Minn. Apr. 29, 2011).
Statute does not apply to private property or against a person who displays campaign material within a private
business. Statute does apply to candidate who drove past polling place on election day in truck bearing campaign
sign promoting his candidacy. Schimming v. Riverblood, OAH 7-6347-20326-CV (June 5, 2009).
This section forbids erection of campaign sign before election day for display on election day within 100 feet of
polling place. State v. Zimmer, Findings of Fact, Conclusions of Law and Order, No. T3-94-3002 (Mille Lacs Co. Dist.
Ct., May 5, 1995).
Former subdivision 2 prohibiting Election Day campaigning was unconstitutional. Op. Atty. Gen. 627-h, August 28,
1989.
There is no provision of the Minnesota election law prohibiting the posting of signs within one hundred feet of a
polling place except such posting may not be done on Election Day. Op. Atty. Gen. 627H, May 31, 1966.
Stickers may not be distributed at or within the polling place or within one hundred feet thereof on Election Day.
Op. Atty. Gen. 627B-8, March 9, 1945.
Stickers may not be left in an election polling place on Election Day. Op. Atty. Gen. 28A-8, August 7, 1942.
211B.12 LEGAL EXPENDITURES
Use of money collected for political purposes is prohibited unless the use is reasonably related to the
conduct of election campaigns, or is a noncampaign disbursement as defined in section
10A.01,
subdivision 26. The following are permitted expenditures when made for political purposes:
(1) salaries, wages, and fees;
(2) communications, mailing, transportation, and travel;
(3) campaign advertising;
(4) printing;
(5) office and other space and necessary equipment, furnishings, and incidental supplies;
(6) charitable contributions of not more than $100 to any charity organized under section
501(c)(3) of the Internal Revenue Code annually, except that the amount contributed is not
limited by this clause if the political committee, political fund, party unit, principal campaign
committee, or campaign fund of a candidate for political subdivision office that made the
contribution dissolves within one year after the contribution is made; and
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(7) other expenses, not included in clauses (1) to (6), that are reasonably related to the conduct
of election campaigns. In addition, expenditures made for the purpose of providing information
to constituents, whether or not related to the conduct of an election, are permitted expenses.
Money collected for political purposes and assets of a political committee or political fund may
not be converted to personal use.
History: 1988 c 578 art 3 s 12; 1993 c 318 art 2 s 48; 2008 c 295 s 23; 2010 c 327 s 27; 2015 c 73 s 23
211B.12 Notes and Decisions
Evidence that Respondent city council member spent campaign funds on hairstyling and dry-cleaning services and
AAA membership is sufficient to show violation of statute; such expenses were not reasonably related to
Respondent’s campaign, and personal benefits conferred upon Respondent were so disproportionate as to convert
disbursements to personal use. Kaari v. Johnson, OAH 8-0325-20970-CV (March 2, 2010).
The word “salary” is construed in an election contest as being used in broad sense of compensation embracing
both “salary” and “fees”. Spokely v. Haaven, 183 Minn. 467, 237 N.W. 11 (1931).
211B.13 BRIBERY, TREATING, AND SOLICITATION
Subd. 1. Bribery, advancing money, and treating prohibited. A person who willfully, directly or
indirectly, advances, pays, gives, promises, or lends any money, food, liquor, clothing,
entertainment, or other thing of monetary value, or who offers, promises, or endeavors to
obtain any money, position, appointment, employment, or other valuable consideration, to
or for a person, in order to induce a voter to refrain from voting, or to vote in a particular
way, at an election, is guilty of a felony. This section does not prevent a candidate from
stating publicly preference for or support of another candidate to be voted for at the same
primary or election. Refreshments of food or nonalcoholic beverages having a value up to $5
consumed on the premises at a private gathering or public meeting are not prohibited under
this section.
Subd. 2. Certain solicitations prohibited. A person may not knowingly solicit, receive, or accept any
money, property, or other thing of monetary value, or a promise or pledge of these that is a
disbursement prohibited by this section or section 211B.15
.
History: 1988 c 578 art 3 s 13; 2005 c 156 art 6 s 63
211B.13 Notes and Decisions
Newspaper’s decision to reprint candidates’ campaign ads due to errors in initial printing did not violate statute,
even though reprinting, unlike initial printing, was in ad space usually costing more than candidates paid for initial
printing. Clausen v. Star Tribune, OAH 3-0325-20975-CV (November 23, 2009).
Fact that candidate’s campaign billboard is located on property owned by corporation is not sufficient to show that
corporation made prohibited corporate contribution to candidate or his campaign committee. Rego v. Emmer,
OAH 15-0320-20325-CV (March 18, 2009).
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. Atty. Gen. 627B-3, May 6, 1954. Accord Op. Atty. Gen. 106-e, April 10,
1955.
Whether the distribution of objects such as matchbooks, pencils, emery boards, etc. is a violation of this section is
a question of fact upon which the attorney general cannot pass judgment. Op. Atty. Gen. 627F-1, March 7, 1950.
Acceptance of cut in salary pursuant to resolution of county board would not be violation of Corrupt Practices Act.
Op. Atty. Gen., July 27, 1933. For other opinions treating this issue see also Op. Atty. Gen. 359A-22, March 22,
1933; Op. Atty. Gen. 627B-3, March 20, 1933; Op. Atty. Gen. 359A-22, July 11, 1932 and January 27, 1932.
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Giving of drink of liquor as act of mere hospitality is not violation of Corrupt Practices Act. Engelbret v. Tuttle, 185
Minn. 608, 242 N.W. 425 (1932).
Giving shower gifts to friends similar in value to gifts given by other guests was not a violation. Id.
The distribution by a candidate of free tickets to a county fair admitting children under 12 years of age free is a
violation of this section. (Op. Atty. Gen. 627f-1, June 3, 1930).
Giving voter a drink of liquor while actively soliciting vote is a violation. Miller v. Maier, 136 Minn. 231, 161 N.W.
513 (1917).
It is not legal for a candidate to give away cigars in the election room while the polls are open. (Op. Atty. Gen. 627f-
1, March 20, 1917).
211B.14 DIGEST OF LAWS
The secretary of state, with the approval of the attorney general, shall prepare and print an easily
understandable digest of this chapter and annotations of it. The digest may include other related laws
and annotations at the discretion of the secretary of state.
The secretary of state shall distribute the digest to candidates and committees through the county
auditor or otherwise as the secretary of state considers expedient. A copy of the digest and, if
appropriate, a financial reporting form and a certification of filing form must be distributed to each
candidate by the filing officer at the time that the candidate’s affidavit of candidacy is filed.
History: 1988 c 578 art 3 s 14; 1993 c 223 s 26; 1997 c 147 s 73
211B.15 CORPORATE POLITICAL CONTRIBUTIONS
Sub. 1. Definitions. (a) For purposes of this section, the terms defined in this subdivision have the
meanings given. Unless otherwise provided, the definitions in section 10A.01 also apply to this
section.
(b) "Chief executive officer" means the highest-ranking officer or decision-making individual
with authority over a corporation's affairs.
(c) "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.
(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:
(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;
(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
(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.
The calculation of a person's or entity's ownership interest for purposes of clauses (1) and (2)
must exclude any portion of the person's or entity's direct or indirect beneficial ownership of
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equity, outstanding voting shares, membership units, or otherwise applicable ownership
interests of a corporation that are held or owned in a mutual fund based in the United
States.
(e) "Foreign investor" means a person or entity that:
(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
(2) is any of the following:
(i) a government of a foreign country;
(ii) a political party organized in a foreign country;
(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;
(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
(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.
Subd. 2. Prohibited contributions. (a) A corporation may not make a contribution or offer or agree to
make a contribution directly or indirectly, of any money, property, free service of its officers,
employees, or members, or thing of monetary value to a political party, organization,
committee, or individual to promote or defeat the candidacy of an individual for nomination,
election, or appointment to a political office.
(b) A political party, organization, committee, or individual may not accept a contribution or
an offer or agreement to make a contribution that a corporation is prohibited from making
under paragraph (a).
(c) For the purpose of this subdivision, “contribution” includes an expenditure to promote or
defeat the election or nomination of a candidate to a political office that is made with the
authorization or expressed or implied consent of, or in cooperation or in concert with, or at
the request or suggestion of, a candidate or committee established to support or oppose a
candidate but does not include an independent expenditure authorized by subdivision 3.
Subd. 3. Independent expenditures. A corporation may not 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 political office, unless the expenditure is an independent
expenditure. For the purpose of this subdivision, “independent expenditure” has the
meaning given in section 10A.01, subdivision 18
.
Subd. 4. Ballot question. A corporation may make contributions or expenditures to promote or
defeat a ballot question, to qualify a question for placement on the ballot unless otherwise
prohibited by law, or to express its views on issues of public concern. A corporation may not
make a contribution to a candidate for nomination, election, or appointment to a political
office or to a committee organized wholly or partly to promote or defeat a candidate.
Subd. 4a. Foreign-influenced corporations. (a) Notwithstanding subdivisions 3 and 4, a foreign-
influenced corporation must not:
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(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;
(2) make contributions or expenditures to promote or defeat a ballot question, or to qualify a
question for placement on the ballot;
(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
(4) make a contribution to a political committee, political fund, or political party unit.
(b) A foreign-influenced corporation must not make a contribution or donation to any other
person or entity with the express or implied condition that the contribution or donation or
any part of it be used for any of the purposes prohibited by this subdivision. This section does
not prohibit donations to any association for its general purposes such that the funds qualify
as general treasury money pursuant to section 10A.01, subdivision 17c, nor does it impose
any additional limitations on the use of such funds.
Subd. 4b. Certification of compliance with subdivision 4a. 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.
Subd. 5. News media. This section does not prohibit publication or broadcasting of news items or
editorial comments by the news media.
Subd. 6. Penalty for individuals. (a) An officer, manager, stockholder, member, agent, employee,
attorney, or other representative of a corporation acting on behalf of the corporation who
violates this section is subject to a civil penalty of up to ten times the amount of the
violation, but in no case more than $10,000, imposed by the
Campaign Finance and Public
Disclosure Board under chapter 10A or imposed by the Office of Administrative Hearings
under this chapter.
(b) Knowingly violating this section is a crime. An officer, manager, stockholder, member,
agent, employee, attorney, or other representative of a corporation acting in behalf of the
corporation who is convicted of knowingly violating this section may be fined not more than
$20,000 or be imprisoned for not more than five years, or both.
Subd. 7. Penalty for corporations. (a) A corporation that violates this section is subject to a civil
penalty of up to ten times the amount of the violation, but in no case more than $10,000,
imposed by the Campaign Finance and Public Disclosure Board under chapter 10A
or
imposed by the Office of Administrative Hearings under this chapter.
(b) Knowingly violating this section is a crime. A corporation convicted of knowingly violating
this section is subject to a fine not greater than $40,000. A convicted domestic corporation
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may be dissolved as well as fined. If a foreign or nonresident corporation is convicted, in
addition to being fined, its right to do business in this state may be declared forfeited.
Subd 7a. Application of penalties. No penalty may be imposed for a violation of this section that is
subject to a civil penalty under section 10A.121
.
Subd 7b. Knowing violations. 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
,
chapter 211A, or chapter 383B; and
(2) that the contributor was a corporation subject to the prohibitions of subdivision 2 or 4a.
Subd. 8. Permitted activity; political party. It is not a violation of this section for a political party, as
defined in section 200.02, subdivision
6, to form a nonprofit corporation for the sole purpose
of holding real property to be used exclusively as the party’s headquarters.
Subd. 9. Media projects. It is not a violation of this section for a corporation to contribute to or
conduct public media projects to encourage individuals to attend precinct caucuses, register,
or vote if the projects are not controlled by or operated for the advantage of a candidate,
political party, or committee.
Subd. 10. Meeting facilities. It is not a violation of this section for a corporation to provide meeting
facilities to a committee, political party, or candidate on a nondiscriminatory and
nonpreferential basis.
Subd. 11. Messages on premises. It is not a violation of this section for a corporation selling products
or services to the public to post on its public premises messages that promote participation
in precinct caucuses, voter registration, or elections if the messages are not controlled by or
operated for the advantage of a candidate, political party, or committee.
Subd. 13. Aiding violation; penalty. An individual who aids, abets, or advises a violation of this section
is guilty of a gross misdemeanor.
Subd. 14. Prosecutions; venue. Violations of this section may be prosecuted in the county where the
payment or contribution was made, where services were rendered, or where money was
paid or distributed.
Subd. 15. Nonprofit corporation exemption. The prohibitions in this section do not apply to a
nonprofit corporation that:
(1) is not organized or operating for the principal purpose of conducting a business;
(2) has no shareholders or other persons affiliated so as to have a claim on its assets or
earnings; and
(3) was not established by a business corporation or a labor union and has a policy not to
accept significant contributions from those entities.
Subd. 16. Employee political fund solicitation. Any solicitation of political contributions by an
employee must be in writing, informational and nonpartisan in nature, and not promotional
for any particular candidate or group of candidates. The solicitation must consist only of a
general request on behalf of an independent political committee (conduit fund) and must
state that there is no minimum contribution, that a contribution or lack thereof will in no
way impact the employee’s employment, that the employee must direct the contribution to
candidates of the employee’s choice, and that any response by the employee shall remain
confidential and shall not be directed to the employee’s supervisors or managers. Questions
from an employee regarding a solicitation may be answered orally or in writing consistent
Office of the Minnesota Secretary of State – Campaign Manual
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with the above requirements. Nothing in this subdivision authorizes a corporate donation of
an employee’s time prohibited under subdivision 2.
Subd. 17. Nonprofit corporation political activity. It is not a violation of this section for a nonprofit
corporation to provide administrative assistance to one political committee or political fund
that is associated with the nonprofit corporation and registered with the campaign finance
and public disclosure board under section 10A.14
. Such assistance must be limited to
accounting, clerical or legal services, bank charges, utilities, office space, and supplies. The
records of the political committee or political fund may be kept on the premises of the
nonprofit corporation.
The administrative assistance provided by the nonprofit corporation to the political
committee or political fund is limited annually to the lesser of $5,000 or 7-1/2 percent of the
expenditures of the political committee or political fund.
History: 1988 c 578 art 3 s 15; 1989 c 209 art 2 s 26; 1992 c 517 art 1 s 1-9; 1993 c 318 art 2 s 49;
1996 c
459 s 3,4; 1997 c 202 art 2 s 63; 2010 c 397 s 16,17,18,20; 2013 c 138 art 1 s 51-53; 2015 c 73 s 24; 2016
c 135 art 4 s 8; 2023 c 34 art 3 s 3-6; 2023 c 62 art 4 s 130; art 5 s 43
211B.15 Notes and Decisions
Lawsuit stating First Amendment challenge to provisions of statute forbidding some business organizations with
foreign ownership from making political contributions and independent expenditures in Minnesota had sufficient
likelihood of success on merits to justify preliminary injunction barring enforcement of statute. Minn. Chamber of
Commerce v. Choi, ___ F.Supp.3d ___, 2023 WL 8803357 (D. Minn. 2023).
District court did not abuse its discretion in denying preliminary injunction sought by Minnesota corporations to
prevent enforcement of provision of Minnesota’s Fair Campaign Practices law prohibiting corporate political
contributions as in violation of their First Amendment speech rights. Minnesota Citizens Concerned for Life, Inc. v.
Swanson, 692 F.3d 864 (8
th
Cir. 2012).
Statutory ban on direct corporate contributions to political candidates and affiliated entities, such as political
parties, did not violate Equal Protection Clause; crucial differences existed between structure and functioning of
corporations and unions that justified differential treatment under election laws. Minnesota Citizens Concerned for
Life, Inc. v. Swanson, 640 F.3d 304 (8
th
Cir. 2011)
Corporations seeking preliminary injunction enjoining enforcement of Minnesota law precluding corporations from
making direct contributions to candidates and political parties did not have likelihood of success on the merits of
their claims that the law violated plaintiffs’ constitutional rights. Minnesota Citizens Concerned for Life, Inc. v.
Swanson, 741 F.Supp.2d 1115 (D. Minn. 2010).
Newspaper’s decision to reprint candidates’ campaign ads due to errors in initial printing did not violate statute,
even though reprinting, unlike initial printing, was in ad space usually costing more than candidates paid for initial
printing. Clausen v. Star Tribune, OAH 3-0325-20975-CV (November 23, 2009).
“Corporation,” as used in statute, does not include school district or its board members. Barry v. St. Anthony-New
Brighton Independent School District 282, OAH 3-6326-20564-CV (May 21, 2009).
Because of potential chilling effect on free speech rights of chambers of commerce that operated as nonprofit
corporations, chambers satisfied injury-in-fact, requirement for Article III standing in action challenging
constitutionality of statutes; case was ripe for review; and chambers had reasonable fear of prosecution under
statute. St. Paul Area Chamber of Commerce v. Gaertner, 439 F.3d 481 (8th Cir. 2006).
See M.S. 72A.12, subd. 5
(1988), pertaining to insurance companies.
Statute prohibiting corporate independent expenditures was unconstitutional as applied to certain nonprofit
organizations. Day v. Holohan, 34 F.3d 1356 (8th Cir. 1994).
This section does not prohibit sponsorship of “conduit” or “nonpartisan” political action committees by a
corporation. Minnesota Association of Commerce and Industry v. Foley, 316 N.W. 2d 524 (Minn. 1982).
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211B.16 PROSECUTION
Subd. 3. County attorney authority. A county attorney may prosecute any violation of this chapter.
History: 1988 c 578 art 3 s 16; 2004 c 277 s 5
211B.16 Notes and Decisions
County attorney may proceed by complaint and information rather than impaneling grand jury. Op. Atty. Gen.
627B-1, August 18, 1966.
Attorney employed to assist county attorney is not required to conduct a private and independent investigation
but may conduct same so as to enable attorney to present the county attorney relevant facts and names of
witnesses capable of giving competent testimony in proceeding. Op. Atty. Gen. 121A-1, September 29, 1952.
211B.17 FORFEITURE OF NOMINATION OR OFFICE; CIRCUMSTANCES WHERE
NOT FORFEITED
Subd. 1. Forfeiture of nomination or office. Except as provided in subdivision 2, if a candidate is
found guilty of violating this chapter or an offense was committed by another individual with
the knowledge, consent, or connivance of the candidate, the court, after entering the
adjudication of guilty, shall enter a supplemental judgment declaring that the candidate has
forfeited the nomination or office. If the court enters the supplemental judgment, it shall
transmit to the filing officer a transcript of the supplemental judgment, the nomination or
office becomes vacant, and the vacancy must be filled as provided by law.
Subd. 2. Circumstances where nomination or office not forfeited. In a trial for a violation of this
chapter, the candidate’s nomination or election is not void if the court finds that:
(1) an offense, though committed by the candidate or with the candidate’s knowledge,
consent, or connivance, was trivial; or
(2) an act or omission of a candidate arose from accidental miscalculation or other
reasonable cause, but in any case not from a want of good faith; and the court also finds that
it would be unjust for a candidate to forfeit the nomination or election. None of these
findings is a defense to a conviction under this chapter.
History: 1988 c 578 art 3 s 17
211B.17 Notes and Decisions
Alleged violations of Fair Campaign Practices Act by newspaper stated no justiciable issue for election contest.
Derus v. Higgins, 555 N.W.2d 515 (Minn. 1996).
211B.18 DISQUALIFIED CANDIDATE NOT TO HOLD VARIOUS POSITIONS
A candidate whose election to office has been set aside for a violation of this chapter may not be
appointed, during the period fixed by law as the term of the office, to fill a vacancy in that office. A
candidate or other individual who is convicted of a violation of this chapter may not be appointed,
during the period fixed by law as the term of the office with respect to which the election was held and
the offense was committed, to fill a vacancy that may occur in the office. An appointment to an office
made contrary to the provisions of this section is void.
A candidate or other individual who is convicted of a violation of this chapter is not qualified, during the
period fixed by law as the term of the office with respect to which the election was held and the offense
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was committed, to fill a vacancy in an office for which the legislature may establish qualifications under
article XII, section 3, of the Minnesota Constitution
.
History: 1988 c 578 art 3 s 18
211B.18 Notes and Decisions
Legislator excluded from office due to violation of Fair Campaign Practices Act could not be precluded from
running in special election solely on account of that prior violation. Pavlak v. Growe, 284 N.W.2d 174 (Minn. 1979).
211B.19 PENALTIES FOR VIOLATION
A violation of this chapter for which no other penalty is provided is a misdemeanor.
History: 1988 c 578 art 3 s 19
211B.20 DENIAL OF ACCESS BY POLITICAL CANDIDATES TO MULTIPLE UNIT
DWELLINGS
Subd. 1. Prohibition. (a) It is unlawful for a person, either directly or indirectly, to deny access to an
apartment house, dormitory, nursing home, manufactured home park, other multiple unit
facility used as a residence, or an area in which two or more single-family dwellings are
located on private roadways to a candidate who has:
(1) organized a campaign committee under applicable federal or state law;
(2) filed a financial report as required by section 211A.02
; or
(3) filed an affidavit of candidacy for elected office.
A candidate granted access under this section must be allowed to be accompanied by
campaign volunteers.
(b) Access to a facility or area is only required if it is located within the district or territory
that will be represented by the office to which the candidate seeks election, and the
candidate and any accompanying campaign volunteers seek access exclusively for the
purpose of campaigning for a candidate or registering voters. The candidate must be seeking
election to office at the next general or special election to be held for that office.
(c) A candidate and any accompanying campaign volunteers granted access under this
section must be permitted to knock on the doors of individual units to speak with residents,
and to leave campaign materials for residents at their doors, except that the manager of a
nursing home may direct that the campaign materials be left at a central location within the
facility. The campaign materials must be left in an orderly manner.
(d) If a facility or area contains multiple buildings, a candidate and accompanying volunteers
must be permitted to access more than one building on a single visit, but access is limited to
only one building at a time. If multiple candidates are traveling together, each candidate and
that candidate’s accompanying volunteers is limited to one building at a time, but all of the
candidates and accompanying volunteers traveling together must not be restricted to
accessing the same building at the same time.
(e) A violation of this section is a petty misdemeanor.
Subd. 2. Exceptions. Subdivision 1 does not prohibit:
(1) denial of admittance into a particular apartment, room, manufactured home, or personal
residential unit;
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(2) requiring reasonable and proper identification as a necessary prerequisite to admission to
a multiple unit dwelling;
(3) in the case of a nursing home or a registered housing with services establishment
providing assisted living services meeting the requirements of section 144G.03, subdivision 2
,
denial of permission to visit certain persons for valid health reasons;
(4) limiting visits by candidates or volunteers 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; 2010 c 314 s 3; 7Sp2020 c 1 art 6 s 25; 2023 c 62 art 4 s 131
211B.205 PARTICIPATION IN PUBLIC PARADES
If a public parade allows candidates, a candidate must be allowed to participate for a fee that is not
greater than the amount that is charged to other units participating in the parade.
History: 1Sp2001 c 10 art 18 s 40
211B.21 APPLICABILITY
Nothing in section 211B.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
211B.31 DEFINITION
As used in sections 211B.32 to 211B.36, "office" means the Office of Administrative Hearings.
History: 2004 c 277 s 6
211B.32 COMPLAINTS OF UNFAIR CAMPAIGN PRACTICES
Subd. 1. Administrative remedy; exhaustion. (a) Except as provided in paragraphs (b) and (c), 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, subd. 3
, must be filed with the Campaign Finance and Public
Disclosure Board.
(c) Violations of sections 211B.075 and 211B.076 may be enforced as provided in those
sections.
Subd. 2. Limitation on filing. The complaint must be filed with the office within one year after the
occurrence of the act or failure to act that is the subject of the complaint, except that if the
act or failure to act involves fraud, concealment, or misrepresentation that could not be
discovered during that one-year period, the complaint may be filed with the office within one
year after the fraud, concealment, or misrepresentation was discovered.
Subd. 3. Form of complaint. The complaint must be in writing, submitted under oath, and detail the
factual basis for the claim that a violation of law has occurred. The office may prescribe the
form of a complaint.
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Subd. 4. Proof of claim. The burden of proving the allegations in the complaint is on the complainant.
The standard of proof of a violation of section 211B.06
, relating to false statements in paid
political advertising or campaign material, is clear and convincing evidence. The standard of
proof of any other violation of chapter
211A or 211B is a preponderance of the evidence.
Subd. 5. Filing fee; waiver; refund. (a) The complaint must be accompanied by a filing fee of $50,
unless filed by a filing officer under section 211A.05, subdivision 2
.
(b) The office may waive the payment of the filing fee, if the individual seeking a waiver of
the fee files with the office an affidavit stating that the individual is financially unable to pay
the fee.
(c) The office may refund the filing fee of a complainant who prevails on the merits.
Subd. 6. Service on respondent. Upon receipt of the filed complaint, the office must immediately
notify the respondent and provide the respondent with a copy of the complaint by the most
expeditious means available.
History: 2004 c 277 s 7; 2013 c 138 art 1 s 54; 2015 c 73 s 26; 2023 c 34 art 2 s 3; 2023 c 62 art 4 s 132
211B.32 Notes and Decisions
On appeal of decision adjudicating claims of unfair campaign practices, appellate court presumes decisions of
Office of Administrative Hearings are correct. Lewison v. Hutchinson, 929 N.W.2d 444 (Minn. Ct. App. 2019).
Claim alleging a violation of statute that made it a criminal offense to publish a false statement to defeat a ballot
question was required to be filed within one year of the publication of the statement. Abrahamson v. Saint Louis
Cnty. Sch. Dist., 819 N.W.2d 129 (Minn. 2012).
Statutes that established administrative hearing process, which heard allegations filed by opponents of successful
candidates in city council election that candidates violated statutes establishing financial-reporting requirements
and statutes regulating campaign practices, did not unconstitutionally intrude on First Amendment rights of
successful candidates, as statutes merely established a process to consider violations of election statutes and did
not establish substantive law. Riley v. Jankowski, 713 N.W.2d 379 (Minn. App. 2006).
211B.33 PRIMA FACIE REVIEW
Subd. 1. Time for review. The chief administrative law judge must randomly assign an administrative
law judge to review the complaint. Within one business day after the complaint was filed
with the office, when practicable, but never longer than three business days, the
administrative law judge must make a preliminary determination for its disposition.
Subd. 2. Recommendation. (a) If the administrative law judge determines that the complaint does
not set forth a prima facie violation of chapter 211A or 211B
, the administrative law judge
must dismiss the complaint.
(b) If the administrative law judge determines that the complaint sets forth a prima facie
violation of section 211B.06
and was filed within 60 days before the primary or special
election or within 90 days before the general election to which the complaint relates, the
administrative law judge must conduct an expedited probable cause hearing under section
211B.34.
(c) If the administrative law judge determines that the complaint sets forth a prima facie
violation of a provision of chapter 211A or 211B, other than section 211B.06
, and that the
complaint was filed within 60 days before the primary or special election or within 90 days
before the general election to which the complaint relates, the administrative law judge, on
request of any party, must conduct an expedited probable cause hearing under section
211B.34.
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(d) If the administrative law judge determines that the complaint sets forth a prima facie
violation of chapter 211A or 211B
, and was filed more than 60 days before the primary or
special election or more than 90 days before the general election to which the complaint
relates, the administrative law judge must schedule an evidentiary hearing under section
211B.35.
Subd. 3. Notice to parties. The office must notify all parties of the determination made under
subdivision 2. If the complaint is scheduled for hearing, the notice must identify the time and
place of the hearing and inform all parties that they may submit evidence, affidavits,
documentation, and argument for consideration by the administrative law judge.
Subd. 4. Joinder and separation of complaints. The chief administrative law judge may direct that
two or more complaints be joined for disposition if the chief administrative law judge
determines that the allegations in each complaint are of the same or similar character, are
based on the same act or failure to act, or are based on two or more acts or failures to act
constituting parts of a common scheme or plan. If one complaint contains two or more
allegations, the chief administrative law judge may separate the allegations, if they are not of
the same or similar character, if they are not based on the same act or failure to act, or if
they are not based on two or more acts or failures to act constituting parts of a common
scheme or plan. If the chief administrative law judge separates the allegations in a complaint,
the assigned administrative law judge or judges may make separate recommendations under
subdivision 2 for each allegation.
History: 2004 c 277 s 8
211B.34 PROBABLE CAUSE HEARING
Subd. 1. Time for review. The assigned administrative law judge must hold a probable cause hearing on
the complaint no later than three business days after receiving the assignment if an
expedited hearing is required by section 211B.33
, except that for good cause the
administrative law judge may hold the hearing no later than seven days after receiving the
assignment. If an expedited hearing is not required by section
211B.33, the administrative
law judge must hold the hearing not later than 30 days after receiving the assignment.
Subd. 2. Disposition. At the probable cause hearing, the administrative law judge must make one of the
following determinations:
(a) The complaint is frivolous, or there is no probable cause to believe that the violation of
law alleged in the complaint has occurred. If the administrative law judge makes either
determination, the administrative law judge must dismiss the complaint.
(b) There is probable cause to believe that the violation of law alleged in the complaint has
occurred. If the administrative law judge so determines, the chief administrative law judge
must schedule the complaint for an evidentiary hearing under section 211B.35
.
Subd. 3. Reconsideration by chief administrative law judge.
(a) If the administrative law judge dismisses the complaint, the administrative law judge shall
provide to the complainant written notice of the right to seek reconsideration of the decision
on the record by the chief administrative law judge.
(b) A petition for reconsideration must be filed within two business days after the dismissal.
The chief administrative law judge must make a decision on the petition within three
business days after receiving the petition. If the chief administrative law judge determines
that the assigned administrative law judge made a clear error of law and grants the petition,
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within five business days after granting the petition, the chief administrative law judge shall
schedule the complaint for an evidentiary hearing under section 211B.35
.
History: 2004 c 277 s 9
211B.35 EVIDENTIARY HEARING BY PANEL
Subd. 1. Deadline for hearing. When required by section 211B.34, subdivision 2 or 3, the chief
administrative law judge must assign the complaint to a panel of three administrative law
judges for an evidentiary hearing. The hearing must be held within the following times:
(1) ten days after the complaint was assigned, if an expedited probable cause hearing was
requested or required under section 211B.33
;
(2) 30 days after the complaint was filed, if it was filed within 60 days before the primary or
special election or within 90 days before the general election to which the complaint relates;
or
(3) 90 days after the complaint was filed, if it was filed at any other time.
For good cause shown, the panel may extend the deadline set forth in clause (2) or (3) by 60
days.
Subd. 2. Disposition of complaint. The panel must determine whether the violation alleged in the
complaint occurred and must make at least one of the following dispositions:
(a) The panel may dismiss the complaint.
(b) The panel may issue a reprimand.
(c) The panel may find that a statement made in a paid advertisement or campaign material
violated section 211B.06
.
(d) The panel may impose a civil penalty of up to $5,000 for any violation of chapter 211A or
211B.
(e) The panel may refer the complaint to the appropriate county attorney.
Subd. 3. Time for disposition. The panel must dispose of the complaint:
(1) within three days after the hearing record closes, if an expedited probable cause hearing
was required by section 211B.33
; and
(2) within 14 days after the hearing record closes, if an expedited probable cause hearing was
not required by section 211B.33
.
History: 2004 c 277 s 10
211B.35 Notes and Decisions
Statutes that established administrative hearing process, which heard allegations filed by opponents of successful
candidates in city council election that candidates violated statutes establishing financial-reporting requirements
and statutes regulating campaign practices, did not unconstitutionally intrude on First Amendment rights of
successful candidates, as statutes merely established a process to consider violations of election statutes and did
not establish substantive law. Riley v. Jankowski, 713 N.W.2d 379 (Minn. App. 2006).
211B.36 PROCEDURES
Subd. 1. Evidence and argument. The administrative law judge or panel may consider any evidence
and argument submitted until a hearing record is closed, including affidavits and
documentation, or may continue a hearing to enable the parties to submit additional
testimony.
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Subd. 2. Withdrawal of complaint. At any time before an evidentiary hearing under section 211B.35
begins, a complainant may withdraw a complaint filed under section 211B.32. After the
evidentiary hearing begins, a complaint filed under section 211B.32 may only be withdrawn
with the permission of the panel.
Subd. 3. Costs. If the assigned administrative law judge or panel determines the complaint is
frivolous, they may order the complainant to pay the respondent's reasonable attorney fees
and to pay the costs of the office in the proceeding in which the complaint was dismissed.
Subd. 4. Hearings public. A hearing under section 211B.34 or 211B.35
may be conducted by
conference telephone call or by interactive television. All hearings must be open to the
public.
Subd. 5. Judicial review. A party aggrieved by a final decision on a complaint filed under section
211B.32 is entitled to judicial review of the decision as provided in sections 14.63 to 14.69
;
however, proceedings on a complaint filed under section 211B.32 are not a contested case
within the meaning of chapter 14 and are not otherwise governed by chapter 14.
History: 2004 c 277 s 11
211B.36 Notes and Decisions
On appeal of decision adjudicating claims of unfair campaign practices, appellate court presumes decisions of
Office of Administrative Hearings are correct. Lewison v. Hutchinson, 929 N.W.2d 444 (Minn. Ct. App. 2019).
Statutes regulating campaign practices did not violate the separation-of-powers doctrine or amount to an
unconstitutional delegation of district court’s original jurisdiction. Riley v. Jankowski, 713 N.W.2d 379 (Minn. App.
2006).
211B.37 COSTS ASSESSED
Except as otherwise provided in section 211B.36, subdivision 3, the chief administrative law judge shall
assess the cost of considering complaints filed under section 211B.32 as provided in this section. Costs of
complaints relating to a statewide ballot question or an election for a statewide or legislative office must
paid from appropriations to the office for this purpose. Costs of complaints relating to any other ballot
question or elective office must be paid from appropriation to the office for this purpose.
History: 2004 c 277 s 12; 2013 c 131 art 2 s 75; 2013 c 138 art 4 s 7; 2015 c 73 s 25; 2015 c 77 art 2 s 52
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53
Related Laws – Selected Provisions
The following are selected provisions of laws related to the conduct of election campaigns in Minnesota
and are provided for informational purposes only. Please refer to Minnesota Statute for the full text of
these sections.
10A.01 NON-CAMPAIGN DISBURSEMENT
Subd. 18. Independent expenditure. "Independent expenditure" means an expenditure expressly
advocating the election or defeat of a clearly identified candidate, if the expenditure is made
without the express or implied consent, authorization, or cooperation of, and not in concert
with or at the request or suggestion of, any candidate or any candidate's principal campaign
committee or agent. An independent expenditure is not a contribution to that candidate. An
independent expenditure does not include the act of announcing a formal public
endorsement of a candidate for public office, unless the act announcing is simultaneously
accompanied by an expenditure that would otherwise qualify as an independent expenditure
under this subdivision.
Subd. 26. Noncampaign disbursement. (a) “Non-campaign disbursement” means a purchase or
payment of money or anything of value made, or an advance of credit incurred, or a
donation in kind received, by a principal campaign committee for any of the following
purposes:
(1) payment for accounting and legal services related to operating the candidate’s campaign
committee, serving in office, or security for the candidate or the candidate’s immediate
family, including but not limited to seeking and obtaining a harassment restraining order;
(2) return of a contribution to the source;
(3) repayment of a loan made to the principal campaign committee by that committee;
(4) return of a public subsidy;
(5) payment for food, beverages, and necessary utensils and supplies, entertainment, and
facility rental for a fund-raising event;
(6) services for a constituent by a member of the legislature or a constitutional officer in the
executive branch as provided in section 10A.173, subdivision 1
;
(7) payment for food and beverages consumed by a candidate or volunteers while they are
engaged in campaign activities;
(8) payment for food or a beverage consumed while attending a reception or meeting
directly related to legislative duties;
(9) payment of expenses incurred by elected or appointed leaders of a legislative caucus in
carrying out their leadership responsibilities;
(10) payment by a principal campaign committee of the candidate’s expenses for serving in
public office, other than for personal uses;
(11) costs of child care for the candidate’s children when campaigning;
(12) fees paid to attend a campaign school;
(13) costs of a post-election party during the election year when a candidate’s name will no
longer appear on a ballot or the general election is concluded, whichever occurs first;
(14) interest on loans paid by a principal campaign committee on outstanding loans;
(15) filing fees;
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(16) post-general election holiday or seasonal cards, thank-you notes, or advertisements in
the news media mailed or published prior to the end of the election cycle;
(17) the cost of campaign material purchased to replace defective campaign material, if the
defective material is destroyed without being used;
(18) contributions to a party unit;
(19) payments for funeral gifts or memorials;
(20) the cost of a magnet less than six inches in diameter containing legislator contact
information and distributed to constituents; and
(21) costs associated with a candidate attending a political party state or national convention
in this state;
(22) other purchases or payments specified in board rules or advisory opinions as being for
any purpose other than to influence the nomination or election of a candidate or to promote
or defeat a ballot question;
(23) costs paid to a third party for processing contributions made by a credit card, debit card,
or electronic check;
(24) costs paid by a candidate’s principal campaign committee to support the candidate’s
participation in a recount of ballots affecting the candidate’s election;
(25) a contribution to a fund established to support a candidate’s participation in a recount
of ballots affecting that candidate’s election;
(26) costs paid by a candidate’s principal campaign committee for a single reception given in
honor of the candidate’s retirement from public office after the filing period for affidavits of
candidacy for that office has closed;
(27) a donation from a terminating principal campaign committee to the state general fund;
and
(28) a donation from a terminating principal campaign committee to a county obligated to
incur special election expenses due to that candidate’s resignation from state office;
(29) during a period starting January 1 in the year following a general election and ending on
December 31 of the year of general election, total payments of up to $3,000 for detection-
related security monitoring expenses for a candidate, including home security hardware,
maintenance of home security monitoring hardware, identity theft monitoring services, and
credit monitoring services; and
(30) costs paid to repair or replace campaign property that was: (i) lost or stolen, or (ii)
damaged or defaced to such a degree that the property no longer serves its intended
purpose. For purposes of this clause, campaign property includes but is not limited to
campaign lawn signs. The candidate must document the need for these costs in writing or
with photographs.
(b) The board must determine whether an activity involves a noncampaign disbursement
within the meaning of this subdivision.
(c) A noncampaign disbursement is considered to be made in the year in which the candidate
made the purchase of goods or services or incurred an obligation to pay for goods or
services.
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10A.01 NOTES & DECISIONS
Corporations seeking preliminary injunction against enforcement of Minnesota statute, which defined
independent expenditures that corporations were allowed to make advocating the election or defeat of a clearly
identified candidate, were not likely to succeed on the merits of their claim that the definition was impermissibly
vague under the First Amendment; definition did not apply to expenditures for issue advocacy or advocacy that did
not use the “magic words,” such as “vote for,” “elect,” “support,” “vote against,” and “defeat,” which the Supreme
Court had recognized as constituting express advocacy. Minnesota Citizens Concerned for Life, Inc. v. Swanson, 741
F.Supp.2d 1115 (D. Minn. 2010).
In order to avoid invalidation of statute on grounds that it is vague, overbroad, and regulated political speech in
violation of the First Amendment, phrase “to influence the nomination of election of a candidate” in subds. 27 and
28 must be construed so as to mean that “political committee” is organization whose major purpose is nomination
or election of a candidate and that “political fund” is fund used for express advocacy. Minnesota Citizens
Concerned for Life, Inc. v. Kelley, 291 F.Supp.2d 1052 (D. Minn. 2003).
10A.121 INDEPENDENT EXPENDITURE AND BALLOT QUESTION POLITICAL
COMMITTEES AND FUNDS
Subd. 1. Permitted disbursements. An independent expenditure political committee or fund, or a ballot
question political committee or fund, may:
(1) pay costs associated with its fund-raising and general operations;
(2) pay for communications that do not constitute contributions or approved expenditures;
(3) make contributions to independent expenditure or ballot question political committees
or funds;
(4) make independent expenditures;
(5) make expenditures to promote or defeat ballot questions;
(6) return a contribution to its source;
(7) for a political fund, record bookkeeping entries transferring the association's general
treasury money allocated for political purposes back to the general treasury of the
association;
(8) for a political fund, return general treasury money transferred to a separate depository to
the general depository of the association; and
(9) make disbursements for electioneering communications.
Subd. 2. Penalty. (a) An independent expenditure political committee, independent expenditure
political fund, ballot question political committee, or ballot question political fund is subject
to a civil penalty of up to four times the amount of the contribution or approved expenditure
if it does the following:
(1) makes a contribution to a candidate, local candidate, party unit, political committee, or
political fund other than an independent expenditure political committee or an independent
expenditure political fund, ballot question political committee, or ballot question political
fund; or
(2) makes an approved expenditure.
(b) No other penalty provided in law may be imposed for conduct that is subject to a civil
penalty under this section.
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10A.20 CAMPAIGN REPORTS
Subd 1. First filing; duration. (a) The treasurer of a political committee, political fund, principal
campaign committee, or party unit must begin to file the reports required by this section for
the first year it receives contributions or makes expenditures that require it to register under
section 10A.14
and must continue to file until the committee, fund, or party unit is
terminated.
(b) If, on or before the last date included in a reporting period, a political committee, political
fund, principal campaign committee, or party unit received contributions or made
expenditures that would require it to register under section 10A.14
, the political committee,
political fund, principal campaign committee, or party unit must both register with the board
under section
10A.14 and report under this section by the date that the report for that
reporting period is due.
(c) The reports must be filed electronically in a standards-based open format specified by the
board. For good cause shown, the board must grant exemptions to the requirement that
reports be filed electronically.
Subd. 1b. Release of reports. A report filed under this section is nonpublic data until 8:00 a.m. on the
day following the day the report was due.
Subd. 2. Time for filing. (a) The reports must be filed with the board on or before January 31 of each
year and additional reports must be filed as required and in accordance with paragraphs (b)
to (f).
(b) In each year in which the name of a candidate for legislative or district court judicial office
is on the ballot, the report of the principal campaign committee must be filed 15 days before
a primary election and ten days before a general election, seven days before a special
primary election and seven days before a special general election, and ten days after a
special election cycle.
(c) In each general election year, a political committee, a political fund, a state party
committee, and a party unit established by all or a part of the party organization within a
house of the legislature must file reports on the following schedule:
(1) a first-quarter report covering the calendar year through March 31, which is due April 14;
(2) a report covering the calendar year through May 31, which is due June 14;
(3) a pre-primary-election report due 15 days before a primary election;
(4) a pre-general-election report due 42 days before the general election; and
(5) a pre-general-election report due ten days before a general election.
(d) In each general election year, a party unit not included in paragraph (c) must file reports
15 days before a primary election and ten days before a general election.
(e) In each year in which a constitutional office or appellate court judicial seat is on the
ballot, the principal campaign committee of a candidate for that office or seat must file
reports on the following schedule:
(1) a first-quarter report covering the calendar year through March 31, which is due April 14;
(2) a report covering the calendar year through May 31, which is due June 14;
(3) a pre-primary-election report due 15 days before a primary election;
(4) a pre-general-election report due 42 days before the general election;
(5) a pre-general-election report due ten days before a general election; and
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(6) for a special election, a constitutional office candidate whose name is on the ballot must
file reports seven days before a special primary election, seven days before a special general
election, and ten days after a special election cycle.
(f) Notwithstanding paragraphs (a) to (e):
(1) the principal campaign committee of a candidate who did not file for office is not
required to file the report due June 14, the report due 15 days before the primary election,
or the report due seven days before a special primary election; and
(2) the principal campaign committee of a candidate whose name will not be on the general
election ballot is not required to file the report due 42 days before the general election, the
report due ten days before a general election, or the report due seven days before a special
general election.
Subd. 2a. Local election reports. (a) This subdivision applies to a political committee, political fund, or
political party unit that during a non-general election year:
(1) spends in aggregate more than $200 to influence the nomination or election of local
candidates;
(2) spends in aggregate more than $200 to make independent expenditures on behalf of
local candidates; or
(3) spends in aggregate more than $200 to promote or defeat ballot questions defined in
section 10A.01, subdivision 7, clause (2), (3), or (4).
(b) In addition to the reports required by subdivision 2, the entities listed in paragraph (a)
must file the following reports in each non-general election year:
(1) a first-quarter report covering the calendar year through March 31, which is due April 14;
(2) a report covering the calendar year through May 31, which is due June 14;
(3) a pre-primary-election report due 15 days before the local primary election date specified
in section 205.065
;
(4) a pre-general-election report due 42 days before the local general election; and
(5) a pre-general-election report due ten days before a local general election.
The reporting obligations in this paragraph begin with the first report due after the reporting
period in which the entity reaches the spending threshold specified in paragraph (a) The pre-
primary report required under clause (3) is required for all entities required to report under
paragraph (a), regardless of whether the candidate or issue is on the primary ballot or a
primary is not conducted.
Subd. 3. Contents of report. (a) The report required by this section must include each of the items
listed in paragraphs (b) to (q) that are applicable to the filer. The board shall prescribe forms
based on filer type indicating which of those items must be included on the filer's report.
(b) The report must disclose the amount of liquid assets on hand at the beginning of the
reporting period.
(c) The report must disclose the name, address, employer, or occupation if self-employed,
and registration number if registered with the board, of each individual or association that
has made one or more contributions to the reporting entity, including the purchase of tickets
for a fund-raising effort, that in aggregate within the year exceed $200 for legislative or
statewide candidates or more than $500 for ballot questions, together with the amount and
date of each contribution, and the aggregate amount of contributions within the year from
each source so disclosed. A donation in kind must be disclosed at its fair market value. An
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approved expenditure must be listed as a donation in kind. A donation in kind is considered
consumed in the reporting period in which it is received. The names of contributors must be
listed in alphabetical order. Contributions from the same contributor must be listed under
the same name. When a contribution received from a contributor in a reporting period is
added to previously reported unitemized contributions from the same contributor and the
aggregate exceeds the disclosure threshold of this paragraph, the name, address, and
employer, or occupation if self-employed, of the contributor must then be listed on the
report.
(d) The report must disclose the sum of contributions to the reporting entity during the
reporting period.
(e) The report must disclose each loan made or received by the reporting entity within the
year in aggregate in excess of $200, continuously reported until repaid or forgiven, together
with the name, address, occupation, principal place of business, if any, and registration
number if registered with the board of the lender and any endorser and the date and
amount of the loan. If a loan made to the principal campaign committee of a candidate is
forgiven or is repaid by an entity other than that principal campaign committee, it must be
reported as a contribution for the year in which the loan was made.
(f) The report must disclose each receipt over $200 during the reporting period not
otherwise listed under paragraphs (c) to (e).
(g) The report must disclose the sum of all receipts of the reporting entity during the
reporting period.
(h) The report must disclose the name, address, and registration number if registered with
the board of each individual or association to whom aggregate expenditures, approved
expenditures, independent expenditures, and ballot question expenditures have been made
by or on behalf of the reporting entity within the year in excess of $200, together with the
amount, date, and purpose of each expenditure, including an explanation of how the
expenditure was used, and the name and address of, and office sought by, each candidate or
local candidate on whose behalf the expenditure was made, identification of the ballot
question that the expenditure was intended to promote or defeat and an indication of
whether the expenditure was to promote or to defeat the ballot question, and in the case of
independent expenditures made in opposition to a candidate or local candidate, the
candidate's or local candidate's name, address, and office sought. A reporting entity making
an expenditure on behalf of more than one candidate or local candidate must allocate the
expenditure among the candidates and local candidates on a reasonable cost basis and
report the allocation for each candidate or local candidate. The report must list on separate
schedules any independent expenditures made on behalf of local candidates and any
expenditures made for ballot questions as defined in section 10A.01, subdivision 7, clause
(2), (3), or (4).
(i) The report must disclose the sum of all expenditures made by or on behalf of the
reporting entity during the reporting period.
(j) The report must disclose the amount and nature of an advance of credit incurred by the
reporting entity, continuously reported until paid or forgiven. If an advance of credit incurred
by the principal campaign committee of a candidate is forgiven by the creditor or paid by an
entity other than that principal campaign committee, it must be reported as a donation in
kind for the year in which the advance of credit was made.
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(k) The report must disclose the name, address, and registration number if registered with
the board of each political committee, political fund, principal campaign committee, local
candidate, or party unit to which contributions have been made that aggregate in excess of
$200 within the year and the amount and date of each contribution. The report must list on
separate schedules any contributions made to state candidates' principal campaign
committees and any contributions made to local candidates.
(l) The report must disclose the sum of all contributions made by the reporting entity during
the reporting period and must separately disclose the sum of all contributions made to local
candidates by the reporting entity during the reporting period.
(m) The report must disclose the name, address, and registration number if registered with
the board of each individual or association to whom noncampaign disbursements have been
made that aggregate in excess of $200 within the year by or on behalf of the reporting entity
and the amount, date, and purpose of each noncampaign disbursement, including an
explanation of how the expenditure was used.
(n) The report must disclose the sum of all noncampaign disbursements made within the
year by or on behalf of the reporting entity.
(o) The report must disclose the name and address of a nonprofit corporation that provides
administrative assistance to a political committee or political fund as authorized by section
211B.15, subdivision 17
, the type of administrative assistance provided, and the aggregate
fair market value of each type of assistance provided to the political committee or political
fund during the reporting period.
(p) Legislative, statewide, and judicial candidates, party units, and political committees and
funds must itemize contributions that in aggregate within the year exceed $200 for
legislative or statewide candidates or more than $500 for ballot questions on reports
submitted to the board. The itemization must include the date on which the contribution
was received, the individual or association that provided the contribution, and the address of
the contributor. Additionally, the itemization for a donation in kind must provide a
description of the item or service received. Contributions that are less than the itemization
amount must be reported as an aggregate total.
(q) Legislative, statewide, and judicial candidates, party units, political committees and funds,
and committees to promote or defeat a ballot question must itemize expenditures and
noncampaign disbursements that in aggregate exceed $200 in a calendar year on reports
submitted to the board. The itemization must include the date on which the committee
made or became obligated to make the expenditure or disbursement, the name and address
of the vendor that provided the service or item purchased, and a description of the service or
item purchased, including an explanation of how the expenditure was used. Expenditures
and noncampaign disbursements must be listed on the report alphabetically by vendor.
Subd. 4. Period of Report. A report must cover the period from January 1 of the reporting year to
seven days before the filing date, except that the report due on January 31 must cover the
period from January 1 to December 31 of the reporting year.
Subd. 5. Pre-election reports. (a) Any loan, contribution, or contributions:
(1) to a political committee or political fund from any one source totaling more than $1,000;
(2) to the principal campaign committee of a candidate for an appellate court judicial office
totaling more than $2,000;
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(3) to the principal campaign committee of a candidate for district court judge totaling more
than $400; or
(4) to the principal campaign committee of a candidate for constitutional office or for the
legislature totaling more than 50 percent of the election segment contribution limit for the
office, received between the last day covered in the last report before an election and the
election must be reported to the board in the manner provided in paragraph (b).
(b) A loan, contribution, or contributions required to be reported to the board under
paragraph (a) must be reported to the board either:
(1) in person by the end of the next business day after its receipt; or
(2) by electronic means by the end of the next business day after its receipt.
(c) These loans and contributions must also be reported in the next required report.
(d) This notice requirement does not apply in a primary election to a candidate who is
unopposed in the primary, in a primary election to a ballot question political committee or
fund, or in a general election to a candidate whose name is not on the general election
ballot. The board must post the report on its Web site by the end of the next business day
after it is received.
(e) This subdivision does not apply to a ballot question or independent expenditure political
committee or fund that has not met the registration threshold of section
10A.14,
subdivision 1a. However, if a contribution that would be subject to this section triggers the
registration requirement in section 10A.14, subdivision 1a, then both registration under
that section and reporting under this section are required.
Subd. 6. Report when no Committee. (a) A candidate who does not designate and cause to be
formed a principal campaign committee and who makes campaign expenditures in aggregate
in excess of $750 in a year must file with the board a report containing the information
required by subdivision 3. Reports required by this subdivision must be filed by the dates on
which reports by principal campaign committees must be filed.
(b) An individual who makes independent expenditures that aggregate more than $1,500 in a
calendar year or expenditures to promote or defeat a ballot question that aggregate more
than $5,000 in a calendar year must file with the board a report containing the information
required by subdivision 3. A report required by this subdivision must be filed by the date on
which the next report by political committees and political funds must be filed.
Subd. 6a. Statement of Independence. An individual, political committee, political fund, or party unit
filing a report or statement disclosing an independent expenditure under subdivision 3 or 6
must file with the report a sworn statement that the disclosed expenditures were not made
with the authorization or expressed or implied consent of, or in cooperation or in concert
with, or at the request or suggestion of any candidate; any candidate's principal campaign
committee or agent; any local candidate, or any local candidate's agent.
Subd 15. Equitable Relief. A candidate whose opponent does not timely file the report due 15 days
before the primary, the report due ten days before the general election, or the notice
required under section 10A.25, subdivision 10
, may petition the district court for immediate
equitable relief to enforce the filing requirement. A prevailing party under this subdivision
may be awarded attorney fees and costs by the court.
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10A.273 CONTRIBUTIONS AND SOLICITATIONS DURING LEGISLATIVE SESSION
Subd. 1. Contributions during legislative session. (a) A candidate for the legislature or for constitutional
office, the candidate's principal campaign committee, or a political committee or party unit
established by all or a part of the party organization within a house of the legislature must
not solicit or accept a contribution from a registered lobbyist, political committee, political
fund, or an association not registered with the board, during a regular session of the
legislature.
(b) A registered lobbyist, political committee, political fund, or an association not registered
with the board must not make a contribution to a candidate for the legislature or for
constitutional office, the candidate's principal campaign committee, or a political committee
or party unit established by all or a part of the party organization within a house of the
legislature during a regular session of the legislature.
(c) Regardless of when made, a contribution made by a lobbyist, political committee, or
political fund in order to attend an event that occurs during a regular session of the
legislature and that is held by the principal campaign committee of a candidate for the
legislature or constitutional office, or by a political party organization within a body of the
legislature, is a violation of this section.
(d) Regardless of when made, a contribution from a lobbyist, political committee, or political
fund for membership or access to a facility operated during the regular session of the
legislature by the principal campaign committee of a candidate for the legislature or
constitutional office, or by a political party organization within a body of the legislature, is a
violation of this section.
Subd. 3. Definition. For purposes of this section, a “regular session” starts at 12:00 a.m., on the
first day of each annual session and ends at 11:59 p.m. on the last day of each annual
session. For purposes of this section, regular session does not include a special session or the
interim between the two annual sessions of a biennium.
Subd. 4. Civil penalty. A candidate, political committee, party unit, political fund, an association not
registered with the board, or a registered lobbyist that violates this section is subject to a
civil penalty imposed by the board of up to $1,000. If the board makes a public finding that
there is probable cause to believe a violation of this section has occurred, the board may
bring an action, or transmit the finding to a county attorney who must bring an action, in the
District Court of Ramsey County, to collect a civil penalty as imposed by the board. Penalties
paid under this section must be deposited in the general fund in the state treasury.
Subd. 5. Special Election. This section does not apply in a legislative special election during the period
beginning when the person becomes a candidate in the special election and ending on the
day of the special election.
10A.31 DESIGNATION OF INCOME TAX PAYMENTS
Subd. 3a. Qualification of political parties. (a) A major political party qualifies for inclusion on the
income tax form and property tax refund return as provided in subdivision 3 if it qualifies as a
major political party by July 1 of the taxable year.
(b) A minor political party qualifies for inclusion on the income tax form and property tax
refund return as provided in subdivision 3 if it qualifies as a minor party statewide by July 1
of the taxable year.
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(c) The secretary of state shall notify each major and minor political party by the first
Monday in January of each odd-numbered year of the conditions necessary for the party to
participate in income tax form and property tax refund return programs.
(d) The secretary of state shall notify each political party, the commissioner of revenue, and
the Campaign Finance and Public Disclosure Board by July 1 of each year and following
certification of the results of each general election of the political parties that qualify for
inclusion on the income tax form and property tax refund return as provided in subdivision 3.
Subd. 7a. Withholding of public subsidy. If a candidate who is eligible for payment of public subsidy
under this section has not filed the report of receipts and expenditures required under
section 10A.20
before a primary election, any public subsidy for which that candidate is
eligible must be withheld by the board until the candidate complies with the filing
requirements of section
10A.20 and the board has sufficient time to review or audit the
report. If a candidate who is eligible for public subsidy does not file the report due before the
primary election under section
10A.20 by the date that the report of receipts and
expenditures filed before the general election is due, that candidate shall not be paid public
subsidy for that election.
Subd. 7b. Failure to repay. A candidate who fails to repay money required by the agreement cannot be
paid additional public subsidy funds during the current or future election cycles until the
entirety of the unexpended funds and any associated collection fees are either repaid to the
board or discharged by court action.
10A.38 CAPTIONING OF CAMPAIGN ADVERTISEMENTS
(a) This section applies to a campaign advertisement by a candidate who is governed by an agreement
under section 10A.322
.
(b) "Campaign advertisement" means a professionally produced visual or audio recording of two minutes
or less produced by the candidate for the purpose of influencing the nomination or election of a
candidate.
(c) A campaign advertisement that is disseminated as an advertisement by broadcast or cable television
must include closed captioning for deaf and hard-of-hearing viewers, unless the candidate has filed with
the board before the advertisement is disseminated a statement setting forth the reasons for not doing
so. A campaign advertisement that is disseminated as an advertisement to the public on the candidate's
Web site must include closed captioning for deaf and hard-of-hearing viewers, unless the candidate has
posted on the Web site a transcript of the spoken content of the advertisement or the candidate has
filed with the board before the advertisement is disseminated a statement setting forth the reasons for
not doing so. A campaign advertisement must not be disseminated as an advertisement by radio unless
the candidate has posted on the candidate's Web site a transcript of the spoken content of the
advertisement or the candidate has filed with the board before the advertisement is disseminated a
statement setting forth the reasons for not doing so.
(d) A candidate who fails to comply with the requirements of paragraph (c) is subject to a civil penalty
imposed by the board of up to $1,000.
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160.27 PARTICULAR USES OF RIGHT-OF-WAY; MISDEMEANORS
Subd. 1. Public notices. With the approval of the proper road authority, billboards for the use and
purpose of displaying public notices only may be erected within the limits of any public
highway, including city streets.
Subd. 6. Removal of unauthorized advertisements, buildings, or structure. The road authorities may
take down, remove, or destroy any advertisement, building, or structure in or upon any
highway in violation of this section and section 160.2715
.
160.2715 RIGHT-OF-WAY USE; MISDEMEANORS
(a) Except for the actions of the road authorities, their agents, employees, contractors, and utilities in
carrying out their duties imposed by law or contract, and except as herein provided, it shall be unlawful
to:
(1) obstruct any highway or deposit snow or ice thereon;
(9) place or maintain any advertisement within the limits of any highway, except as provided in section
160.27, subdivision 7
;
(10) paint, print, place, or affix any advertisement or any object within the limits of any highway except
as provided in section 160.27, subdivision 7
;
(11) deface, mar, damage, or tamper with any structure, work, material, equipment, tools, signs,
markers, signals, paving, guardrails, drains, or any other highway appurtenance on or along any highway;
(b) Any violation of this subdivision is a misdemeanor.
200.02 DEFINITIONS
Subd. 4. Special election. “Special election” means:
(1) an election held at any time to fill vacancies in state or federal offices; or
(2) an election for a special purpose held by a subdivision of the state on a date authorized
by section 205.10, subdivision 3a, or 205A.05, subdivision 1a
.
Subd. 6. Political Party. “Political party” means an association of individuals under whose name a
candidate files for partisan office.
Subd. 7. Major political party. ((a) "Major political party" means a political party that maintains a
party organization in the state; has complied with the party's constitution and rules; is in
compliance with the requirements of sections 202A.12 and 202A.13; files with the secretary
of state no later than December 1 of each odd-numbered year a certification that the party
has met the foregoing requirements, including a list of the dates and locations of each
convention held; and meets all other qualification requirements of this subdivision.
(b) A political party qualifies as a major political party by:
(1) presenting at least one candidate for election to the office of:
(i) governor and lieutenant governor, secretary of state, state auditor, or attorney general at
the last preceding state general election for those offices; or
(ii) presidential elector or U.S. senator at the last preceding state general election for
presidential electors; and
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whose candidate received votes in each county in that election and received votes from not
less than five percent of the total number of individuals who voted in that election, if the
state general election was held on or before November 8, 2022, or not less than eight
percent of the total number of individuals who voted in that election, at a state general
election held on or after November 7, 2024;
(2) presenting at least 45 candidates for election to the office of state representative, 23
candidates for election to the office of state senator, four candidates for election to the
office of representative in Congress, and one candidate for election to each of the following
offices: governor and lieutenant governor, attorney general, secretary of state, and state
auditor, at the last preceding state general election for those offices; or
(3) presenting to the secretary of state at any time before the close of filing for the state
partisan primary ballot a petition for a place on the state partisan primary ballot, which
petition contains valid signatures of a number of the party members equal to at least five
percent of the total number of individuals who voted in the preceding state general election.
A signature is valid only if signed no more than one year prior to the date the petition was
filed.
(c) A political party whose candidate receives a sufficient number of votes at a state general
election described in paragraph (b), clause (1), or a political party that presents candidates at
an election as required by paragraph (b), clause (2), becomes a major political party as of
January 1 following that election. A political party that complies with paragraph (a) retains its
major party status for at least two state general elections even if the party fails to present a
candidate who receives the number and percentage of votes required under paragraph (b),
clause (1), or fails to present candidates as required by paragraph (b), clause (2), at
subsequent state general elections.
(d) A major political party whose candidates fail to receive the number and percentage of
votes required under paragraph (b), clause (1), and that fails to present candidates as
required by paragraph (b), clause (2), at each of two consecutive state general elections
described by paragraph (b), clause (1) or (2), respectively, loses major party status as of
December 31 following the later of the two consecutive state general elections.
(e) A major political party that does not submit the certification required by this subdivision
loses major party status on December 31 of the year in which the party did not file the
certification.
(f) The secretary of state must notify the chair of the major political party, the commissioner
of revenue, and the Campaign Finance and Public Disclosure Board if the political party's
status is changed pursuant to this section.
Subd. 23. Minor political party. (a) “Minor political party” means a political party that has adopted a
state constitution, designated a state party chair, held a state convention in the last two
years, filed with the secretary of state no later than December 31 following the most recent
state general election a certification that the party has met the foregoing requirements, and
met the requirements of paragraph (b) or (e), as applicable.
(b) To be considered a minor party in all elections statewide, the political party must have
presented at least one candidate:
(1) for election to the office of governor and lieutenant governor, secretary of state, state
auditor, or attorney general, at the last preceding state general election for those offices; or
(2) for election to the office of presidential elector or U.S. senator at the preceding state
general election for presidential electors; and
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(3) who received votes in each county that in the aggregate equal at least one percent of the
total number of individuals who voted in the election, or its members must have presented
to the secretary of state at any time before the close of filing for the state partisan primary
ballot a nominating petition in a form prescribed by the secretary of state containing the
valid signatures of party members in a number equal to at least one percent of the total
number of individuals who voted in the preceding state general election. A signature is valid
only if signed no more than one year prior to the date the petition was filed.
(c) A political party whose candidate receives a sufficient number of votes at a state general
election described in paragraph (b) becomes a minor political party as of January 1 following
that election and retains its minor party status for at least two stat general elections even if
the party fails to present a candidate who receives the number and percentage of votes
required under paragraph (b) at subsequent state general elections.
(d) A minor political party whose candidates fail to receive the number and percentage of
votes required under paragraph (b) at each of two consecutive state general elections
described by paragraph (b) loses minor party status as of December 31 following the later of
the two consecutive state general elections.
(e) A minor party that qualifies to be a major party loses its status as a minor party at the
time it becomes a major party. Votes received by the candidates of a major party must be
counted in determining whether the party received sufficient votes to qualify as a minor
party, notwithstanding that the party does not receive sufficient votes to retain its major
party status. To be considered a minor party in an election in a legislative district, the
political party must have presented at least one candidate for a legislative office in that
district who received votes from at least ten percent of the total number of individuals who
voted for that office, or its members must have presented to the secretary of state a
nominating petition in a form prescribed by the secretary of state containing the valid
signatures of party members in a number equal to at least ten percent of the total number of
individuals who voted in the preceding state general election for that legislative office. A
signature is valid only if signed no more than one year prior to the date the petition was filed.
Subd. 29. Original Signature. “Original signature” does not include an electronic signature.
204C.035 DECEPTIVE PRACTICES IN ELECTIONS
Subd. 1. Criminal penalty. No person shall knowingly deceive another person regarding the time,
place, or manner of conducting an election or the qualifications for or restrictions on voter
eligibility for an election, with the intent to prevent the individual from voting in the election.
A violation of this section is a gross misdemeanor.
Subd. 2. Reporting false election information. Any person may report to the county auditor or
municipal clerk an act of deception regarding the time, place, or manner of conducting an
election or the qualifications for or restrictions on voter eligibility for an election. The
election official to whom the report was made shall provide accurate information to the
person who reported the incorrect information in a timely manner, and may provide
information about the act of deception and accurate information to mass media outlets in
any affected area. The county attorney may subsequently proceed under subdivision 1.
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204C.06 CONDUCT IN AND NEAR POLLING PLACES
Subd. 1. Persons allowed near polling place. An individual shall be allowed to go to and from the
polling place for the purpose of voting without unlawful interference. No one except an
election official or an individual who is waiting to register or to vote or an individual who is
conducting exit polling shall stand within 100 feet of the building in which a polling place is
located. “Exit polling” is defined as approaching voters in a predetermined pattern as they
leave the polling place after they have voted and asking voters to fill out an anonymous,
written questionnaire.
Subd. 2. Individuals allowed in polling place. (a) Representatives of the secretary of state’s office, the
county auditor’s office, and the municipal or school district clerk’s office may be present at
the polling place to observe election procedures. Except for these representatives, election
judges, sergeants-at-arms, and challengers, an individual may remain inside the polling place
during voting hours only while voting or registering to vote, providing proof of residence for
an individual who is registering to vote, or assisting a disabled voter or a voter who is unable
to read English. During voting hours no one except individuals receiving, marking, or
depositing ballots shall approach within six feet of a voting booth, unless lawfully authorized
to do so by an election judge.
(b) Teachers and elementary or secondary school students participating in an educational
activity authorized by section 204B.27, subdivision 7
, may be present at the polling place
during voting hours.
Subd. 3. Damaging or removing election materials; gross misdemeanor. No individual shall
intentionally:
(a) tear down, mutilate, deface or otherwise damage during the hours of voting any voter
instruction poster placed inside or outside of a polling place by an election judge or other
election official; or
(b) remove from the polling place before the time for voting ends any ballots prepared for
use at the election or any supplies or conveniences placed in voting booths for use by the
voters, except as authorized by law.
A violation of this subdivision is a gross misdemeanor.
Subd. 4. Damaging or removing election materials; felony. No individual shall intentionally:
(a) remove from a polling place any election file or election register, except as authorized by
law;
(b) damage, deface, or mutilate any ballot, election file or election register or any item of
information contained on it, except as authorized by law; or
(c) add anything to a ballot, election file, or election register, except as authorized by law.
(d) A violation of this subdivision is a felony.
Subd. 7. Use of intoxicating liquor; prohibition; penalty. During the time an election is being held it is
a misdemeanor to bring intoxicating liquor or 3.2 percent malt liquor into in a polling place,
to drink intoxicating liquor or 3.2 percent malt liquor in a polling place, or to be intoxicated in
a polling place. The election judges shall not permit an obviously intoxicated individual to
vote or remain in the polling place for any purpose.
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204C.06 Notes and Decisions
Statutory violations in the conduct of elections do not of themselves invalidate an election. Munnell v. Rowlette,
275 Minn. 92, 145 N.W. 2d (1966).
Former section 204A.37 limited who may be in a polling place while the polls are open. Former section 204A.40
applies after the polls close. Op. Atty. Gen. 182A-5, November 20, 1964. See sections M.S. 204C.07, 204C.19 and
204C.21.
Standing in line by non-voters and the abuse of the right to challenge voters constitute gross misdemeanors under
Minnesota law. Op. Atty. Gen. 182, October 26, 1964.
Section applies to village and town elections. Op. Atty. Gen. 490C, November 19, 1954.
When polling place is held in town garage building, coffee socials may not be held within same building. Op. Atty.
Gen. 672M, May 10, 1954.
It was not permissible for one of the judges of election on election day to take ballot from polling place to home of
sick or disabled person, permit such person to mark it and then return to polling place and cast it in name of such
person. Op. Atty. Gen. 28C-1, November 27, 1935.
204C.35 FEDERAL, STATE, AND JUDICIAL RACES
Subd. 1. Publicly funded recounts. (a) In a state primary when the difference between the votes cast
for the candidates for nomination to:
(1) a state legislative office is less than one-half of one percent of the total number of votes
counted for that nomination or is ten votes or less and the total number of votes cast for the
nomination is 400 votes or less; or
(2) a statewide federal office, state constitutional office, statewide judicial office,
congressional office, or district judicial office is less than one-quarter of one percent of the
total number of votes counted for that nomination or is ten votes or less and the total
number of votes cast for the nomination is 400 votes or less; and the difference determines
the nomination, the canvassing board with responsibility for declaring the results for that
office shall manually recount the vote upon receiving a written request from the candidate
whose nomination is in question.
Immediately following the meeting of the board that has responsibility for canvassing the
results of the nomination, the filing officer must notify the candidate that the candidate has
the option to request a recount of the votes at no cost to the candidate. This written request
must be received by the filing officer no later than 5:00 p.m. on the second day after the
canvass of the primary for which the recount is being sought.
(b) In a state general election when the difference between the votes of a candidate who
would otherwise be declared elected to:
(1) a state legislative office is less than one-half of one percent of the total number of votes
counted for that office or is ten votes or less and the total number of votes cast for the office
is 400 votes or less; or
(2) a statewide federal office, state constitutional office, statewide judicial office,
congressional office, or district judicial office and the votes of any other candidate for that
office is less than one-quarter of one percent of the total number of votes counted for that
office or is ten votes or less if the total number of votes cast for the office is 400 votes or
less, the canvassing board shall manually recount the votes upon receiving a written request
from the candidate whose election is in question.
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Immediately following the meeting of the board that has responsibility for canvassing the
results of the general election, the filing officer must notify the candidate that the candidate
has the option to request a recount of the votes at no cost to the candidate. This written
request must be received by the filing officer no later than 5:00 p.m. on the second day after
the canvass of the election for which the recount is being sought.
(c) A recount must not delay any other part of the canvass. The results of the recount must
be certified by the canvassing board as soon as possible.
(d) Time for notice of a contest for an office which is recounted pursuant to this section shall
begin to run upon certification of the results of the recount by the canvassing board.
Subd. 2. Discretionary candidate recounts. (a) A losing candidate whose name was on the ballot for
nomination or election to a statewide federal office, state constitutional office, statewide
judicial office, congressional office, state legislative office, or district judicial office may
request a recount in a manner provided in this section at the candidate's own expense when
the vote difference is greater than the difference required by this section. The votes shall be
manually recounted as provided in this section if the candidate files a request during the
time for filing notice of contest of the primary or election for which a recount is sought.
(b) The requesting candidate shall file with the filing officer a bond, cash, or surety in an
amount set by the filing officer for the payment of the recount expenses. The requesting
candidate is responsible for the following expenses: the compensation of the secretary of
state, or designees, and any election judge, municipal clerk, county auditor, administrator, or
other personnel who participate in the recount; necessary supplies and travel related to the
recount; the compensation of the appropriate canvassing board and costs of preparing for
the canvass of recount results; and any attorney fees incurred in connection with the recount
by the governing body responsible for the recount.
(c) A discretionary recount of a primary must not delay delivery of the notice of nomination
to the winning candidate under section 204C.32
.
(d) The requesting candidate may provide the filing officer with a list of up to three precincts
that are to be recounted first and may waive the balance of the recount after these precincts
have been counted. If the candidate provides a list, the recount official must determine the
expenses for those precincts in the manner provided by paragraph (b).
(e) The results of the recount must be certified by the canvassing board as soon as possible.
(f) If the winner of the race is changed by the optional recount, the cost of the recount must
be paid by the jurisdiction conducting the recount.
(g) If a result of the vote counting in the manual recount is different from the result of the
vote counting reported on Election Day by a margin greater than the standard for acceptable
performance of voting systems provided in section 206.89, subdivision 4
, the cost of the
recount must be paid by the jurisdiction conducting the recount.
Subd. 2a. Constitutional amendment recount. In a state general election when the difference between
the number of "yes" votes cast on ratification of a proposed constitutional amendment is
within one-quarter percent of the number of all other ballots cast at the election, the
canvassing board shall manually recount the votes on that question, including the number of
"yes" or "no" votes on the question, and the number of ballots that did not cast a vote on the
question. The results of the recount must be certified by the canvassing board as soon as
possible.
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Subd. 3. Scope of recount. A recount conducted as provided in this section is limited in scope to the
determination of the number of votes validly cast for the office or question to be recounted.
Only the ballots cast in the election and the summary statements certified by the election
judges may be considered in the recount process. Original ballots that have been duplicated
under section 206.86, subdivision 5
, are not within the scope of a recount and must not be
examined except as provided by a court in an election contest under chapter 209.
Subd. 4. Filing officer. For the purposes of this section, the secretary of state is the filing officer for
candidates for all federal offices and for state offices voted on in more than one county. The
county auditor is the filing officer for state offices voted on in only one county.
204C.35 Notes and Decisions
During automatic administrative recount, absent a voluntary agreement between local election officials and two
candidates for seat in United States Senate that absentee ballots had been rejected in error and that the absentee-
ballot envelopes should be opened and the ballots should be counted, resolution of whether the absentee ballots
were rejected in error would have to await an election contest proceeding. Coleman v. Ritchie, 759 N.W.2d 47
(Minn. 2009). (However, see Laws 2013, section 203B.121, subd. 2 (e)
which prohibits rejected absentee ballots
from being opened or reviewed except in an election contest).
A manual administrative recount, which is necessary when the margin of victory in an election is less than one-half
of one percent, is intended to ensure that the votes cast in the election were accurately counted. Coleman v.
Ritchie, 759 N.W.2d 47 (Minn. 2009).
204C.36 RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND MUNICIPAL ELECTIONS
Subd. 1. Publicly funded recounts. (a) Except as provided in paragraphs (b) and (c), a losing candidate
for nomination or election to a county, municipal, or school district office may request a
recount of the votes cast for the nomination or election to that office if the difference
between the vote cast for that candidate and for a winning candidate for nomination or
election is less than one-quarter of one percent of the total votes counted for that office. In
case of offices where two or more seats are being filled from among all the candidates for
the office, the one-quarter of one percent difference is between the elected candidate with
the fewest votes and the candidate with the most votes from among the candidates who
were not elected.
(b) A losing candidate for nomination or election to a county, municipal, or school district
office may request a recount of the votes cast for nomination or election to that office if the
difference between the votes cast for that candidate and for a winning candidate for
nomination or election is less than one-half of one percent, and the total number of votes
cast for the nomination or election of all candidates is more than 400 but less than 50,000. In
cases of offices where two or more seats are being filled from among all the candidates for
the office, the one-half of one percent difference is between the elected candidate with the
fewest votes and the candidate with the most votes from among the candidates who were
not elected.
(c) A losing candidate for nomination or election to a county, municipal, or school district
office may request a recount of the votes cast for nomination or election to that office if the
difference between the vote cast for that candidate and for a winning candidate for
nomination or election is ten votes or less, and the total number of votes cast for the
nomination or election of all candidates is no more than 400. In cases of offices where two or
more seats are being filled from among all the candidates for the office, the ten vote
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difference is between the elected candidate with the fewest votes and the candidate with
the most votes from among the candidates who were not elected.
(d) Candidates for county offices shall file a written request for the recount with the county
auditor. Candidates for municipal or school district offices shall file a written request with the
municipal or school district clerk as appropriate. All requests under this paragraph shall be
filed between the close of the canvass of a primary or special primary and 5:00 p.m. on the
fifth day after the canvass of a primary or special primary or between the close of the
canvass of a special or general election and 5:00 p.m. on the seventh day of the canvass of a
special or general election for which a recount is sought.
(e) Upon receipt of a request made pursuant to this section, the county auditor shall recount
the votes for a county office at the expense of the county, the governing body of the
municipality shall recount the votes for a municipal office at the expense of the municipality,
and the school board of the school district shall recount the votes for a school district office
at the expense of the school district.
Subd. 2. Discretionary candidate recounts. (a) A losing candidate for nomination or election to a
county, municipal, or school district office may request a recount in the manner provided in
this section at the candidate's own expense when the vote difference is greater than the
difference required by subdivision 1, clauses (a) to (e). The votes shall be manually recounted
as provided in this section if the requesting candidate files with the county auditor, municipal
clerk, or school district clerk a bond, cash, or surety in an amount set by the governing body
of the jurisdiction or the school board of the school district for the payment of the recount
expenses.
(b) The requesting candidate may provide the filing officer with a list of up to three precincts
that are to be recounted first and may waive the balance of the recount after these precincts
have been counted. If the candidate provides a list, the recount official must determine the
expenses for those precincts in the manner provided by paragraph (b).
(c) A discretionary recount of a primary must not delay delivery of the notice of nomination
to the winning candidate under section 204C.32
.
(d) The results of the recount must be certified by the canvassing board as soon as possible.
(e) If the winner of the race is changed by the optional recount, the cost of the recount must
be paid by the jurisdiction conducting the recount.
(f) If a result of the vote counting in the manual recount is different from the result of the
vote counting reported on Election Day by a margin greater than the standard for acceptable
performance of voting systems provided in section 206.89, subdivision 4
, the cost of the
recount must be paid by the jurisdiction conducting the recount.
Subd. 3. Discretionary ballot question recounts. A recount may be conducted for a ballot question when the
difference between the votes for and the votes against the question is less than or equal to the
difference provided in subdivision 1. A recount may be requested by any person eligible to vote on the
ballot question. A written request for a recount must be filed with the filing officer of the county,
municipality, or school district placing the question on the ballot and must be accompanied by a
petition containing the signatures of 25 voters eligible to vote on the question. Upon receipt of a
written request when the difference between the votes for and the votes against the question is less
than or equal to the difference provided in subdivision 1, the county auditor shall recount the votes
for a county question at the expense of the county, the governing body of the municipality shall
recount the votes for a municipal question at the expense of the municipality, and the school board of
the school district shall recount the votes for a school district question at the expense of the school
district. If the difference between the votes for and the votes against the question is greater than the
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difference provided in subdivision 1, the person requesting the recount shall also file with the filing
officer of the county, municipality, or school district a bond, cash, or surety in an amount set by the
appropriate governing body for the payment of recount expenses. The written request, petition, and
any bond, cash, or surety required must be filed during the time for notice of contest for the election
for which the recount is requested.
Subd. 4. Expenses. In the case of a question, a person, or a candidate requesting a discretionary recount, is
responsible for the following expenses: the compensation of the secretary of state, or designees, and
any election judge, municipal clerk, county auditor, administrator, or other personnel who participate
in the recount; necessary supplies and travel related to the recount; the compensation of the
appropriate canvassing board and costs of preparing for the canvass of recount results; and any
attorney fees incurred in connection with the recount by the governing body responsible for the
recount.
Subd. 5. Notice of contest. Time for notice of contest of a nomination or election to a county office which is
recounted pursuant to this section shall begin to run upon certification of the results of the recount by
the county canvassing board. Time for notice of contest of a nomination or election to a municipal
office which is recounted pursuant to this section shall begin to run upon certification of the results by
the governing body of the municipality. Time for notice of contest of a school district election that is
recounted under this subdivision begins to run on certification of the results of the recount by the
school board.
Subd. 6. Scope of recount. A recount conducted as provided in this section is limited in scope to the
determination of the number of votes validly cast for the office or question to be recounted. Only the
ballots cast in the election and the summary statements certified by the election judges may be
considered in the recount process.
209.02 CONTESTANT; GROUNDS
Subd. 1. General. Any eligible voter, including a candidate, may contest in the manner provided in this chapter:
(1) the nomination or election of any person for whom the voter had the right to vote if that person is
declared nominated or elected to the senate or the house of representatives of the United States, or
to a statewide, county, legislative, municipal, school, or district court office; or
(2) the declared result of a constitutional amendment or other question voted upon at an election.
The contest may be brought over an irregularity in the conduct of an election or canvass of votes, over
the question of who received the largest number of votes legally cast, over the number of votes legally
cast in favor of or against a question, or on the grounds of deliberate, serious, and material violations
of the Minnesota Election Law.
209.02 Notes and Decisions
Judicial election could not be set aside solely on basis of judicial code violations. Burns v. Valen, 400 N.W. 2d 123
(Minn. Ct. App. 1987).
209.021 NOTICE OF CONTEST
Subd. 1. Manner; time; contents. Service of a notice of contest must be made in the same manner as the
service of summons in civil actions. The notice of contest must specify the grounds on which the
contest will be made. The contestant shall serve notice of the contest on the parties enumerated in
this section. Except as provided in section 204D.27, notice must be served and filed within five days
after the canvass is completed in the case of a primary or special primary or within seven days after
the canvass is completed in the case of a special or general election. If a contest is based on a
deliberate, serious, and material violation of the election laws that was discovered from the
statements of receipts and disbursements required to be filed by candidates and committees, the
action may be commenced and the notice served and filed within ten days after the filing of the
statements in the case of a general or special election or within five days after the filing of the
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statements in the case of a primary or special primary. If a notice of contest questions only which
party received the highest number of votes legally cast at the election, a contestee who loses may
serve and file a notice of contest on any other ground during the three days following expiration of the
time for appealing the decision on the vote count.
209.021 Notes and Decisions
To withstand motion to dismiss, notice of election contest must provide plain statement showing that contestant is
entitled to decree changing election’s declared result, including allegations that irregularities or errors affected
outcome. Bergstrom v. McEwen, 960. N.W.2d 556 (Minn. 2021).
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FILING FOR OFFICE CHECKLIST
Candidates are solely responsible for meeting the legal requirements of the filing process as provided in
Minnesota Election Law. Minnesota Election Law is the final authority in all matters, not this checklist.
AFFIDAVIT OF CANDIDACY
1. Determine correct filing period.
2. Determine correct filing officer. Confirm office hours during filing period.
3. Completed, signed, and notarized filing paperwork and filing fees can be mailed or delivered by
another person to the filing officer. Must be received in the appropriate filing office during the
filing period.
4. For candidates for special district, county, state, or federal office who will be out of the state
during the filing period, completed, signed, and notarized filing paperwork and filing fees may
be submitted 7 days earlier than the first day of filing period. Review M.S. 204B.09, subd. 1a
;
205.13, subd. 1b, 205A.06, subd. 1c, for further details.
5. Determine correct name of office sought and determine if there are different seats
numbers/letters for a similar office title.
6. The name that you list on the top of the affidavit is the name that will be placed on the ballot;
exactly – as is. Make sure it is clearly written and verify with filing officer any details such as
hyphenations, Mc names, irregular spacing, etc.
a. Names are placed on the ballot in upper and lower case, so, be very specific as to what
letters are to be capitalized.
b. If needed, provide name pronunciation instructions to filing officer for programming of
audio features of assistive voting devices.
7. Affidavit is complete, signed, and notarized.
a. Before the filing event (no more than 60 days before the first day of the filing period).
b. Or at the filing event. Filing officers may serve as notarial official for affidavits of
candidacy.
8. What is a “complete” affidavit?
a. Name – exactly what will appear on the ballot (upper- and lower-case letters).
b. Review M.S. 204B.06, subd. 1(3), para. 2 regarding “true name and commonly/generally
known in the community.”
c. Office & District # - be specific. Clarify the exact name of the seat up for election and
make it clear the seat number/letter if similar offices are on the ballot. If there are
special elections for vacancies, clearly state which seat you choose.
d. Partisan & Judicial Offices – clearly state this information to avoid confusion.
e. A phone number is required for all affidavits except for some federal, judicial, county
sheriff or county attorney offices.
f. A non-government issued email address is required for all affidavits (or check the box to
affirm that you do not have a non-government issued email address).
g. Residential address – this is required for many offices. There are a few exceptions. A
candidate may be eligible to request to classify their residence as private data. In these
instances, and additional form must be completed.
h. Campaign Address & Contact – Required and optional items depending upon the office
sought. Avoid the use of government phone numbers, addresses or e-mail addresses.
i. Read through the Affirmation and decide if everything is true and accurate for you and
the office you seek before signing.
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j. Sign affidavit in front of a notary public or other officer empowered to take and certify
acknowledgements. Filing officers usually have this authority.
k. Affidavit can be completed, signed, and notarized within 60 days of the first day of filing
for the office and during the filing period.
NOMINATING PETITIONS AND PETITIONS IN PLACE OF FILING FEE
1. Nominating Petitions are required for those filing for partisan office as a minor party or
independent candidate. It is also required for offices in some cities of the first class.
a. Review M.S. 204B.07, 204B.10, 204D.13, 204D.23, 205.121, 205.13 & Minn. Rule
Chapter 8205.
b. Signatures are gathered during the filing period.
2. Petitions in Place of a Filing fee may be used by any candidate to waive the filing fee associated
with filing for office.
a. Review M.S. 204B.11, 204B.131 & Minn. Rule Chapter 8205.
3. There is a combination petition (Nomination & In-Place of a Filing Fee) available for partisan
offices.
4. If a petition is submitted, the confirmation of the filing will not take place until signatures have
been verified and the petition is certified as sufficient.
FILING FEES
1. Most filing offices accept cash or checks. There are a few offices that now accept credit or debit
card payments.
2. The filing fee amount and the type of payment will be noted on the affidavit.
3. A separate receipt might be given at that time, or a receipt might be mailed out later.
PROOF OF LICENSURE
1. Those filing for the office of County Sheriff must provide proof of licensure as a peace officer in
the State of Minnesota. M.S. 204B.06, subd. 8, 387.01, 626.846
2. Those filing for the office of County Attorney must provide proof of licensure to practice law in
the State of Minnesota. M.S. 204B.06, subd. 8, 388.01
3. Those filing for any judicial office must provide proof of licensure to practice law in the State of
Minnesota. M.S. 204B.06, subd. 8
BEFORE LEAVING
1. Receive a copy of the completed, signed, and notarized affidavit.
2. Make sure the phone number is present on the affidavit for most offices.
3. You will receive either a filing number for a complete filing or a receipt number for a petition.
4. Receive a filing packet.
a. State and judicial offices will receive a packet from the Campaign Finance and Public
Disclosure Board with time sensitive materials to be addressed immediately after filing.
AFTER FILING
1. If the office will be on the state primary and/or state general election ballots, candidates can
find their filing information at the OSS Candidate Finder
website
(https://candidates.sos.mn.gov/)
a. There is a delay between information that is placed in the candidate database and when
it is projected on the public website. If it isn’t on the website by the next day, contact
the filing officer.
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2. If an error in the information on the website is found, contact the filing officer with whom you
filed, right away. The filing officer will double check the affidavit information and make
corrections if warranted.
3. Most filing officers would like the notation of the error and the correction sought in writing.
They might verify that you are the candidate or working on behalf of the candidate before
making the change.
4. If the information on the website matches what was placed on the affidavit, it will most likely
not be changed. You may need to speak to the legal counsel of the jurisdiction about changes
that do not match what was placed on the affidavit.
5. Elections not held with the state elections may or may not have the availability of the OSS
candidate finder website. The filing information is only kept with the filing officer for that
election.
6. If a petition was submitted, the candidate will be notified if it was determined to be sufficient or
insufficient.
a. If sufficient, a filing number will be assigned.
WITHDRAWALS
1. There is usually a two-day withdrawal period after the close of filing. There are exceptions, but,
usually, the candidate will have up to two days after the close of filing to file a withdrawal if they
no longer wish to have their name placed on the ballot.
2. Candidates must file a withdrawal with the same filing officer that the affidavit was filed.
3. If you miss the deadline for withdrawal, your name, in most cases, will be placed on the ballot.
a. If you happen to win, it is your choice if you want to accept the certification of election.
b. If you happen to win, and do not accept the certificate of election, a vacancy will exist.
The person who received the next highest number of votes at that election does not
“automatically” receive the certificate of election.
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CAMPAIGN FINANCIAL REPORT INSTRUCTIONS
(Reference: Minnesota Statutes, Chapters 211A and 211B)
This CAMPAIGN FINANCIAL REPORT is for use by candidates and committees for county, municipal, school district
and special district office who receive contributions or make disbursements of more than $750 in a calendar year;
committees or corporations spending more than $750 for or against a ballot question in a calendar year; and
corporations spending more than $200 on activities to encourage participation in precinct caucuses, voter
registration or voting.
WHERE TO FILE:
• Hospital Districts - The municipal (city or town) clerk
• Park Districts - The county auditor or municipal clerk
• School Districts - School district clerk
• Townships - Town clerk
• Cities - City clerk
• Soil & Water - Conservation Districts
• Counties County auditor - County auditor
WHEN TO FILE: The initial report must be filed within 14 days after the candidate or committee receives
contributions or makes disbursements of more than $750 in a calendar year. Subsequent reports must be filed:
During an election year - An “election year” is any year in which the candidate’s name or a question appears on the
ballot.
In such a year (if an initial report has been filed) reports are required to be filed:
• 10 days before the primary or special primary. This report required regardless of whether the
candidate or issue is on the primary ballot or a primary is not conducted
• 10 days before the general election or special election
• 30 days after a general election or special election
• By January 31 of each year following the year when the initial report was filed.
During a non-election year - By January 31 of each year following the year when the initial report was
filed.
Once a final report (see below) is filed, no further subsequent reports are required to be filed.
CONTRIBUTIONS: 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. Each
candidate or committee must list the total amount of cash-on-hand designated to be used for political purposes as
of the close of the reporting period.
CONTRIBUTION LIMITS: Candidates or candidate’s committees for county, municipal, school district offices may
not accept aggregate contributions in excess of $600 in an election year or in excess of $250 in a non-election year
made or delivered by an individual or committee. However, candidates seeking election from districts with a
population in excess of 100,000 may not accept aggregate contributions in excess of $1,000 in an election year and
$250 in a non-election year.
BALLOT QUESTIONS: Any political committee, association or corporation that makes a contribution or expenditure
to promote or defeat a ballot question as defined in Minnesota Statutes, section 211A.01 shall file reports with the
filing officer responsible for placing the question on the ballot. Reports must be filed within 14 days of receiving
contributions or making disbursements of more than $750 in one calendar year, using the same schedule as above.
CONGRESSIONAL CANDIDATES: Candidates for election to the United States House of Representatives and Senate
and any committee raising funds exclusively on behalf of any one of those candidates may file copies of the reports
required by federal law in lieu of those required by Minnesota Statutes Chapter 211A.
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CORPORATE ACTIVITIES TO ENCOURAGE PARTICIPATION: Corporations may contribute to or conduct public
media projects to encourage individuals to attend precinct caucuses, register or vote if the projects are not
controlled by or operated for the advantage of a candidate, political party or committee. The total amount of
expenditures or contributions for any one project greater than $200, together with the date, purpose and the
names and addresses of the persons receiving the contribution or expenditures must be reported. Reports must be
filed with the Secretary of State, Veterans Services Building, 20 W 12
th
Street, Suite 210, St. Paul, MN 55155, using
the same schedule as above.
FINAL REPORT: A final report may be filed any time after the candidate, committee or corporation has settled all
debts and disposed of all assets in excess of $100 in the aggregate. Check final report under “type of report”.
PROHIBITED TRANSFERS: Candidates for county, municipal, school district or special district offices may not accept
contributions from the principal campaign committees of any candidate for legislative, judicial or state
constitutional office. In addition, a candidate may not make contributions to the principal campaign committee of
any candidate for legislative, judicial or state constitutional office unless the contributions are made from the
candidate’s personal funds.
STATE CANDIDATES: Candidates and committees for state constitutional offices, the state legislature, supreme
court, court of appeals, district court and committees for state constitutional amendments are governed by
Minnesota Statutes Chapter 10A. Contact the State Campaign Finance and Public Disclosure Board for further
information at (651) 539-1180.
Note: The filing officer must restrict public access to the address of any individual who has made a contribution
that exceeds $100 and who has filed with the filing officer a written statement signed by the individual that
withholding the individual’s address from the financial report is required for the safety of the individual or the
individual’s family.
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Campaign Financial Report Form (Printable)
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CAMPAIGN FINANCIAL REPORT CERTIFICATION OF FILING
Instructions
Each county, municipal or school district candidate or treasurer of a committee formed to promote or
defeat a ballot question shall certify to the filing officer that all reports required by Minnesota Statutes
211A.02 have been submitted to the filing officer or that the candidate or committee has not received
contributions or made disbursements exceeding $750 in the calendar year. The certification shall be
submitted to the filing officer not later than seven days after the general or special election. (Minnesota
Statutes 211A.05, subdivision 1).
Campaign Information
Name of candidate or committee ______________________________________________________
Office sought by candidate (if applicable) __________________________________________________
Identification of ballot question (if applicable) ______________________________________________
Certification
Select the appropriate choice below, and sign:
I do swear (or affirm) that all campaign financial reports required to date by Minnesota Statutes
211A.02 have been submitted to the filing officer.
I do swear (or affirm) that campaign contributions or disbursements did not exceed $750 in the
calendar year.
Signature of candidate or committee treasurer _____________________________________________
Date ______________
Office of the Minnesota Secretary of State
Elections Division
Campaign Manual
Updated April 2024
