SF3886

Purpose

• To update Minnesota campaign finance rules by clarifying when spending is considered noncoordinated with a candidate, tightening or changing disclaimer requirements for campaign materials, and repealing an existing state rule.

Main Provisions at a glance

• Defines certain actions as not creating coordination between a spender and a candidate, even if done around the same time as a candidate’s campaign.
• Updates how campaign materials must include a disclaimer, including for websites, social media, and other formats.
• Clarifies how independent expenditures must be disclosed and labeled.
• Repeals an existing state rule and replaces it with new guidance on disclaimers and related disclosures.
• Creates conditions for when some items do not require a disclaimer and how to handle online materials that can't display a disclaimer.

Noncoordinated expenditures: what does not create coordination

The bill adds items that by themselves do not mean a spending decision is coordinated with a candidate: - A candidate asks a spender not to make any expenditure to support the candidate or oppose the opponent. - A candidate provides donor names to a spender, as long as the spender is not told that donor funds will be used for independent expenditures to benefit the candidate. - An expenditure uses a photograph, video, or audio from a publicly available source or public event. - An expenditure uses information from publicly available candidate biographies, position papers, press releases, or similar material. - The spender contributes to the candidate, makes an in-kind donation, or endorses the candidate. - An expenditure includes a hyperlink to the candidate’s website or social media page. - An expenditure appears in a news story, commentary, or editorial in a bona fide news account that provides reasonably equal coverage to all opposing candidates in the area (if the outlet is publicly accessible and not controlled by a party or candidate). - The spender discusses the candidate’s position on a legislative or policy matter, including sending or completing a survey about endorsements. - The spender invites the candidate to speak at an event organized by the spender, unless the event promotes the election of the candidate or the defeat of the opponent, or the candidate is asked to contribute campaign funds at the event.

Disclaimer requirements (new rules for campaign materials)

• General campaign materials (subdivision 1): Must include a disclaimer containing who prepared and paid for the material, with the required address. If the material is produced free of cost, the words “paid for” may be omitted. For websites or social pages, the disclaimer can appear on the home page and still satisfy the rule, provided it includes the required information.
• Independent expenditures (subdivision 2): A disclaimer must state that the expenditure is independent, not coordinated with or approved by any candidate, and who prepared/paid for it, including contact address. If produced at no cost, certain wording may be omitted or adapted for broadcast media.
• Broadcast, audio, or video disclosures: For broadcast or online videos, the disclaimer must indicate the spender, that it’s not coordinated with any candidate, and who is responsible for it. If produced at no cost, allowed alternate language may be used to convey responsibility.
• Website or social media pages: The disclaimer rules apply to the whole site/page, with the disclaimer appearing on the page as required.
• Special cases for cost-free materials: If a disclaimer can’t be included due to technical reasons, the issuer must provide the disclaimer via a conspicuous link to an online page that contains theDisclaimer and explain the infeasibility if requested by the Campaign Finance and Public Disclosure Board or the Office of Administrative Hearings.

Items that do not need a disclaimer (and related caveats)

• Things like fundraising tickets, business cards, personal letters, or similar items clearly distributed by the candidate do not require a disclaimer.
• Individuals or associations not required to register or report under state campaign finance laws are exempt from disclaimer requirements.
• Small items (bumper stickers, pins, buttons, pens) and certain apparel or other display items may be exempt if the disclaimer cannot be practically printed.
• Online banner ads and certain electronic communications may be exempt if it’s technologically infeasible to include a disclaimer; in these cases, the communication must link directly to a page that includes the disclaimer, and the payer or responsible party must be able to justify the infeasibility if asked.
• This section does not modify or repeal other campaign law statutes that still apply.

Repeals and related changes

• Repeals Minnesota Rules part 4503.2000 subpart 2, eliminating that specific rule.
• Includes an appendix note about the repealed rules (4503.2000 DISCLAIMERS, Subp.2. Material linked to a disclaimer).

Implementation notes and potential effects

• The bill clarifies when spending is considered independent or noncoordinated, which can affect reporting and enforcement.
• It tightens or clarifies how and when disclaimers must appear on various kinds of campaign materials, including online content.
• By allowing linked online disclaimers for feeder content that can’t display a disclaimer directly, it creates a pathway for online political messages to meet disclosure requirements even when technical constraints exist.
• The changes could affect how campaigns and spenders plan and label ads, social media posts, websites, and other materials.
• Enforcement and interpretation would involve the Campaign Finance and Public Disclosure Board and potentially the Office of Administrative Hearings.

Relevant Terms noncoordinated expenditures independent expenditures disclaimer prepared and paid for by not coordinated with or approved by any candidate principal campaign committee political committee political party electioneering communication Minnesota Statutes 2024 10A.177 211B.04 subdivision 1 subdivision 2 subdivision 3 Bona fide news account general circulation broadcasting station publicly available source online banner advertisements website disclaimer home page disclaimer feasibility of disclaimer Campaign Finance and Public Disclosure Board Office of Administrative Hearings news story commentary editorial link to disclaimer material produced at no cost advertisements online appendix Minnesota Rules part 4503.2000 subpart 2 independent expenditure disclaimer paid for by