Subd. 12.

Failure to file; late fees; penalty.

(a) If an individual or association fails to
file a report required by this section or section 10A.202, the board may impose a late filing
fee new text begin and a civil penalty new text end as provided in this subdivision.

(b) If deleted text begin an individual or associationdeleted text end new text begin a candidate, political committee, political fund, principal
campaign committee, or party unitnew text end fails to file a report required by this section that is due
January 31, the board may impose a late filing fee of $25 per day, not to exceed $1,000,
commencing the day after the report was due.

(c) new text begin Except for reports governed by paragraph (b), new text end if an individualnew text begin , political committee,
political fund, principal campaign committee, party unit,new text end or association fails to file a report
required by subdivision 2, 2a, or 5, or by section 10A.202, the board may impose a late
filing fee of $50 per day, not to exceed $1,000, commencing on the day after the date the
statement was duedeleted text begin , provided thatdeleted text end new text begin .new text end If the total deleted text begin receipts receiveddeleted text end new text begin expenditures or disbursements
that occurrednew text end during the reporting period deleted text begin or total expenditure reportable under section
10A.202deleted text end exceeds $25,000, then the board may new text begin also new text end impose a late filing fee of up to two
percent of the deleted text begin amountdeleted text end new text begin expenditures or disbursementsnew text end that should have been reported, per
day, commencing on the day after the report was due, not to exceed 100 percent of the
amount that should have been reported.

(d) If an individualnew text begin , political committee, political fund, principal campaign committee,
party unit,new text end or association has been assessed a late filing fee new text begin or civil penalty new text end under this
subdivision during the prior four years, the board may impose a late filing feenew text begin , a civil penalty,
or both,new text end of up to twice the amount otherwise authorized by this subdivision.new text begin If an individual,
political committee, political fund, principal campaign committee, party unit, or association
has been assessed a late filing fee under this subdivision more than two times during the
prior four years, the board may impose a late filing fee of up to three times the amount
otherwise authorized by this subdivision.
new text end

(e) Within ten business days after the report was due or receipt by the board of
information disclosing the potential failure to file a report required by this section, the board
must send notice by certified mail that the individual or association may be subject to a civil
penalty for failure to file the report. An individual who fails to file the report within seven
days after the certified mail notice was sent by the board is subject to a civil penalty imposed
by the board of up to deleted text begin $1,000deleted text end new text begin $2,000new text end in addition to the late filing fees imposed by this
subdivision.

Subd. 3.

deleted text begin Can be received by 10,000 or more individualsdeleted text end new text begin Targeted to the relevant
electoratenew text end .

(a) deleted text begin "Can be received by 10,000 or more individuals"deleted text end new text begin "Targeted to the relevant
electorate"new text end meansnew text begin that a communication can be received in the district the candidate seeks
to represent, in the case of a candidate for representative, senator, or other office represented
by district; or in the entire state, if the candidate seeks a statewide office, as followsnew text end :

(1) in the case of a communication transmitted by an FM radio broadcast station or
network, where the district lies entirely within the station's or network's protected or primary
service contour, that the population of the district is 10,000 or more;

(2) in the case of a communication transmitted by an FM radio broadcast station or
network, where a portion of the district lies outside of the protected or primary service
contour, that the population of the part of the district lying within the station's or network's
protected or primary service contour is 10,000 or more;

(3) in the case of a communication transmitted by an AM radio broadcast station or
network, where the district lies entirely within the station's or network's most outward service
area, that the population of the district is 10,000 or more;

(4) in the case of a communication transmitted by an AM radio broadcast station or
network, where a portion of the district lies outside of the station's or network's most outward
service area, that the population of the part of the district lying within the station's or
network's most outward service area is 10,000 or more;

(5) in the case of a communication appearing on a television broadcast station or network,
where the district lies entirely within the station's or network's Grade B broadcast contour,
that the population of the district is 10,000 or more;

(6) in the case of a communication appearing on a television broadcast station or network,
where a portion of the district lies outside of the Grade B broadcast contour:

(i) that the population of the part of the district lying within the station's or network's
Grade B broadcast contour is 10,000 or more; or

(ii) that the population of the part of the district lying within the station's or network's
broadcast contour, when combined with the viewership of that television station or network
by cable and satellite subscribers within the district lying outside the broadcast contour, is
10,000 or more;

(7) in the case of a communication appearing exclusively on a cable or satellite television
system, but not on a broadcast station or network, that the viewership of the cable system
or satellite system lying within a district is 10,000 or more; deleted text begin or
deleted text end

(8) in the case of a communication appearing on a cable television network, that the
total cable and satellite viewership within a district is 10,000 or moredeleted text begin .deleted text end new text begin ; or
new text end

new text begin (9) in the case of an email blast, a text message blast, a telephone bank, or a qualifying
paid digital advertisement or communication, that the communication is capable of being
received by 2,500 or more individuals in a district.
new text end

(b) Cable or satellite television viewership is determined by multiplying the number of
subscribers within a district, or a part thereof, as appropriate, by the current average
household size for Minnesota, as determined by the Bureau of the Census.

(c) A determination that a communication can be received by 10,000 or more individuals
based on the application of the formula in this section shall create a rebuttable presumption
that may be overcome by demonstrating that:

(1) one or more cable or satellite systems did not carry the network on which the
communication was publicly distributed at the time the communication was publicly
distributed; and

(2) applying the formula to the remaining cable and satellite systems results in a
determination that the cable network or systems upon which the communication was publicly
distributed could not be received by 10,000 individuals or more.

Subd. 4.

Direct costs of producing or airing electioneering communications.

"Direct
costs of producing or airing electioneering communications" means:

(1) costs charged by a vendor, including studio rental time, staff salaries, costs of video
or audio recording media, and talent; deleted text begin and
deleted text end

(2) the cost of airtime on broadcast, cable, or satellite radio and television stations, studio
time, material costs, and the charges for a broker to purchase the airtimedeleted text begin .deleted text end new text begin ; and
new text end

new text begin (3) the cost to access any platform used to disseminate messages digitally online or by
electronic means to a recipient's telephone or other personal device.
new text end

Subd. 6.

Electioneering communication.

(a) "Electioneering communication" means
any broadcast, cable, deleted text begin <