A bill for an act
relating to campaign finance; modifying definition of expressly advocating;
providing for disclosure of electioneering communications; amending prorating
method for contributions or use of general treasury money; providing penalties;
amending Minnesota Statutes 2020, sections 10A.01, subdivision 16a; 10A.121,
subdivision 1; 10A.20, subdivision 3; 10A.244; 10A.25, subdivision 3a; 10A.27,
subdivision 15; proposing coding for new law in Minnesota Statutes, chapter 10A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 10A.01, subdivision 16a, is amended to read:


Subd. 16a.

Expressly advocating.

"Expressly advocating" meansnew text begin:
new text end

new text begin (1)new text end that a communication clearly identifies a candidate and uses words or phrases of
express advocacydeleted text begin.deleted text endnew text begin; or
new text end

new text begin (2) that a communication when taken as a whole and with limited reference to external
events, such as the proximity to the election, is susceptible of no reasonable interpretation
other than as an appeal advocating the election or defeat of one or more clearly identified
candidates.
new text end

Sec. 2.

Minnesota Statutes 2020, section 10A.121, subdivision 1, is amended to read:


Subdivision 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;
deleted text begin and
deleted text end

(8) for a political fund, return general treasury money transferred to a separate depository
to the general depository of the associationdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (9) make disbursements for electioneering communications.
new text end

Sec. 3.

Minnesota Statutes 2020, section 10A.20, subdivision 3, is amended to read:


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
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 thenew text begin following:
new text end

new text begin (1) thenew text end name, address, and registration number if registered with the board of each
individual or association to whom aggregate expenditures, approved expenditures,
independent expenditures, deleted text beginanddeleted text end ballot question expendituresnew text begin, and disbursements for
electioneering communications
new text end have been made by or on behalf of the reporting entity
within the year in excess of $200deleted text begin, together withdeleted text endnew text begin;
new text end

new text begin (2)new text end the amount, date, and purpose of each expenditure, including an explanation of how
the expenditure was useddeleted text begin, and deleted text endnew text begin;
new text end

new text begin (3) new text endthe name and address of, and office sought by, each candidate on whose behalf the
expenditure was madedeleted text begin,deleted text endnew text begin or, in the case of electioneering communications, each candidate
identified positively in the communication;
new text end

new text begin (4)new text end 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
questiondeleted text begin,deleted text endnew text begin;new text end and

new text begin (5) new text endin the case of independent expenditures made in opposition to a candidatenew text begin or
electioneering communications in which a candidate is identified negatively
new text end, the candidate's
name, address, and office sought. A reporting entity making an expenditure on behalf of
more than one candidate for state or legislative office must allocate the expenditure among
the candidates on a reasonable cost basis and report the allocation for each candidate.

(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.

(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,
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.

(l) The report must disclose the sum of all contributions made 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.

Sec. 4.

new text begin [10A.201] ELECTIONEERING COMMUNICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Electioneering communication. new text end