Rulemaking docket
Current rule projects
Possible Adoption and Amendment of Rules Governing Campaign Finance Regulation and Reporting; Lobbyist Registration and Reporting; Audits and Investigations; and Other Topics; Minnesota Rules chapters 4501 through 4525
The Campaign Finance and Public Disclosure Board is considering rule adoptions, amendments, and repeals concerning campaign finance regulation and reporting that 1) establish how campaign finance filers may jointly purchase goods or services without making or receiving a donation in kind, as discussed in Advisory Opinions 452 and 436; 2) establish the circumstances under which a principal campaign committee may pay for expenses related to the operation of a legislative caucus, as discussed in Advisory Opinion 450; 3) establish criteria that campaign finance filers must consider regarding the underlying sources of funding of an unregistered association that may make a contribution in determining whether the contribution may be accepted as discussed in Advisory Opinion 447; 4) clarify the circumstances under which vendors that electronically process monetary contributions to campaign finance filers are not making contributions to the recipients, and are not required to register with the Board as a political committee or fund, as discussed in Advisory Opinions 319, 369, and 434; 5) clarify whether a contributor who pays a processing fee when making a monetary contribution to a campaign finance filer has made a donation in kind to the recipient consisting of the amount of the fee as discussed in Advisory Opinion 434; 6) establish that a treasurer may group expenses together within campaign finance reports on a monthly basis if the expenses are for the same goods or services, from the same vendor, and all expenses incurred within a reporting period are disclosed through the end of that period; 7) establish criteria required in order for a candidate to be deemed not responsible for the actions of a vendor or subcontractors of a vendor hired by the candidate's committee, such as when those actions unintentionally result in coordinated expenditures; 8) amend Minnesota Rules 4503.0900 to clarify the circumstances under which an equipment purchase by a principal campaign committee may not be classified as a noncampaign disbursement as discussed in Advisory Opinions 89, 127, 209, 211, and 228; 9) update rules within Minnesota Rules chapter 4501 concerning electronic filing to reflect the Board's current electronic reporting systems; 10) establish a definition of the term "county office in Hennepin County" as used in Minnesota Statutes section 10A.01, subdivision 10d; 11) establish a definition of the term "nomination" as used within Minnesota Statutes chapter 10A; 12) delete the text "when notice required under subpart 4 is filed or" within Minnesota Rules 4503.0200, subpart 5, because subpart 4 was repealed in 2005; 13) amend Minnesota Rules 4503.0800, subparts 2-4, and 4503.1000 to be inclusive of a local candidate as that term is defined by Minnesota Statutes section 10A.01, subdivision 10d, to match the changes made by the legislature in 2021 to the definitions of approved expenditure and contribution within Minnesota Statutes section 10A.01; 14) amend Minnesota Rules 4503.0900, subpart 1 to codify the noncampaign disbursement category for costs incurred by a principal campaign committee to maintain a required bank account; 15) clarify the extent to which a disclaimer is required by Minnesota Statutes section 211B.04 when campaign material is disseminated via social media; and 16) establish a definition of the term "headquarters" as used in Minnesota Statutes section 211B.15, subdivision 8.
The Board is considering rule adoptions, amendments, and repeals concerning lobbyist regulation and reporting that 1) clarify that state agencies and local government bodies are not lobbyist principals as discussed in Advisory Opinions 224, 297, and 441; 2) clarify that informational material may be provided to a public official by a lobbyist principal without violating the gift prohibition if the principal had a significant role in creating, developing, or producing the information as discussed in Advisory Opinion 445; 3) implement the changes made by the legislature in 2023 to statutes governing lobbyist regulation and reporting; 4) change the cross-reference within Minnesota Rules 4511.0500, subpart 1, to refer to Minnesota Statutes section 10A.04, subdivision 9, because "subpart 2" was repealed in 2017; and 5) update rules within Minnesota Rules chapter 4501 concerning electronic filing to reflect the Board's current electronic reporting systems.
The Board is considering rule adoptions, amendments, and repeals concerning audits and investigations that 1) establish a procedure for withdrawing a complaint filed with the Board; 2) establish procedures and criteria to be used when conducting audits of campaign finance filers; 3) establish procedures and criteria to be used when auditing affidavits of contributions submitted by principal campaign committees when seeking to qualify for a public subsidy payment; 4) amend Minnesota Rules 4525.0200, subpart 2, to clarify that a complaint may include an authorized representative's address, rather than the complainant's personal address, if the complaint is signed by an individual authorized to act on behalf of the complainant; 5) amend Minnesota Rules 4525.0210 to expand and clarify the procedures that will be used after a finding of probable cause; and 6) amend Minnesota Rules 4525.0220 to state whether a complainant will be informed of, and provided an opportunity to respond to, a request by a respondent for a summary proceeding.
The Board is also considering rule adoptions, amendments, and repeals concerning other topics within Minnesota Statutes chapter 10A that may arise during the rulemaking process.
On July 24, 2023, the Board published a request for comments regarding the rule topics being considered. Interested persons or groups may submit comments or information on these possible rules in writing until 4:30 p.m. on Friday, September 22, 2023. Written comments may be submitted via the Office of Administrative Hearings rulemaking eComments website. Alternatively, written comments may be submitted by email to andrew.d.olson@state.mn.us, by fax to (651) 539-1196 or (800) 357-4114, or by mail to Andrew Olson, Campaign Finance and Public Disclosure Board, 190 Centennial Office Building, 658 Cedar Street, St. Paul, MN 55155.
Click here to view the pages from the State Register that contained the Board's request for comments
Click here to view the request for comments published in the State Register on July 24, 2023
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If you would prefer to receive rulemaking notices by mail, please send your name and address to CFB.Rules@state.mn.us or to: Campaign Finance and Public Disclosure Board, Suite 190, Centennial Office Building, 658 Cedar Street, St. Paul, MN 55155-1603.
Comments and questions
If you have comments or questions about the rulemaking process, please contact Andrew Olson by email at andrew.d.olson@state.mn.us, by phone at 651-539-1190, or by mail at Campaign Finance and Public Disclosure Board, Suite 190, Centennial Office Building, 658 Cedar Street, St. Paul, MN 55155-1603.