SF1851 (Legislative Session 94 (2025-2026))

Misrepresentation of campaign authority prohibition

AI Generated Summary

This bill (S.F. No. 1851) proposes amendments to Minnesota election laws to prohibit the misrepresentation of campaign authority.

Key Provisions:

  1. Prohibition on Misrepresentation:

    • Individuals are prohibited from falsely claiming to represent a real, potential, or fictitious candidate, political party, committee, or organization with intent to defraud.
    • It is also illegal to misrepresent oneself as an agent of such entities while soliciting money or anything of value with intent to defraud.
  2. Criminal and Civil Penalties:

    • Violations constitute a gross misdemeanor.
    • The Attorney General, a county attorney, or an injured party may bring a civil action to recover damages, investigative costs, and attorney fees, along with other appropriate remedies.
    • Courts may impose an additional civil penalty of up to $1,000 per violation.
  3. Legal Framework:

    • Civil remedies under this law are cumulative, meaning they do not limit other available legal actions.
    • Complaints related to violations of this section are excluded from the standard election complaint process (Minn. Stat. §§ 211B.31–211B.36).

Summary:

The bill seeks to criminalize and penalize fraudulent misrepresentation in political campaigns, particularly when used for financial gain or deception. It establishes both criminal consequences and civil remedies, reinforcing election integrity by preventing deceptive campaign practices.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 23, 2025HouseFloorActionIntroduction and first reading
February 23, 2025SenateFloorActionIntroduction and first reading
February 23, 2025HouseFloorActionReferred toElections
February 23, 2025SenateFloorActionReferred toElections
February 26, 2025SenateFloorActionAuthor added
February 26, 2025SenateFloorActionAuthor added
March 02, 2025SenateFloorActionComm report: To pass as amended and re-refer toJudiciary and Public Safety
March 02, 2025SenateFloorActionComm report: To pass as amended and re-refer toJudiciary and Public Safety
March 31, 2025SenateFloorActionComm report: To pass and re-referred toElections
March 31, 2025SenateFloorActionComm report: To pass and re-referred toElections

Citations

 
[
  {
    "analysis": {
      "added": [
        "Clarifies misrepresentation prohibitions in campaign context."
      ],
      "removed": [],
      "summary": "The bill amends Minnesota Statutes section 211B.32 addressing the misrepresentation of campaign authority.",
      "modified": [
        "Adjusts penalties and adds civil remedies for violations."
      ]
    },
    "citation": "211B.32",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        "Allows injured parties to recover damages under section 8.31."
      ],
      "removed": [],
      "summary": "References the process for bringing civil action under section 8.31 in cases of misrepresentation violations.",
      "modified": []
    },
    "citation": "8.31",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Enables court to impose civil penalties for public benefit."
      ],
      "removed": [],
      "summary": "Specifies further civil actions under subdivision 3a of section 8.31 for public benefit.",
      "modified": []
    },
    "citation": "8.31",
    "subdivision": "subdivision 3a"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Refers to the complaint process outlined in section 211B.31 related to election violations.",
      "modified": [
        "Clarifies that the complaint process does not apply to new violations under this section."
      ]
    },
    "citation": "211B.31",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Mentions sections 211B.31 to 211B.36 as not applicable to new violations.",
      "modified": [
        "Excludes certain sections from application to new violations specified."
      ]
    },
    "citation": "211B.36",
    "subdivision": ""
  }
]