HF3862

Purpose

• Require the secretary of state to prepare and distribute a voter information guide before each statewide general election.
• Authorize rulemaking to codify this guide as Minnesota law (Minnesota Statutes chapter 213).

Main Provisions

• Printing and distribution
  • The secretary of state must print and distribute the voter information guide to every household with at least one registered voter, to all public libraries, and to public colleges/universities, plus other appropriate locations.
  • The guide must also be available electronically.
  • A printed copy must be mailed to every applicable household at least 53 days before the general election.
  • Additional copies are available on request.
  • A voter who registers within 29 days before an election does not receive a mailed guide.
• Information included in the guide
  • Contents include eligibility to vote, when to register or update registration, and a notice that the guide may help electors vote.
  • May include maps of state senate and house districts, a voter registration form, an absentee ballot application form, and voter instructions (including rights to a second ballot if the first is spoiled and help marking the ballot).
  • The guide’s official “names” of state officials may not appear if that official is a candidate.
• Accessibility
  • The guide must be written in English and the three most commonly spoken non-English languages, with notes in each language that electronic versions are available and a website link.
  • An electronic version must be posted on the secretary of state’s site.
  • The secretary of state must prepare a recording of the guide in English and provide it to any voter upon request at no cost.
• Deceptively similar campaign materials
  • Prohibits publishing or distributing campaign materials that are deceptively similar in design to the secretary of state’s voter information guide within the prior 10 years.
  • The secretary of state may seek injunctive relief or civil fines for violations; funds from fines go to the state general fund.
  • Republishing the content of the guide in an unaltered form is allowed.
• Format, layout, and contents
  • The secretary of state determines the guide’s format and layout, including a table of contents and clear presentation.
  • Must include information on each proposed state constitutional amendment, statements for candidate offices (including contact information), and contact details for Campaign Finance and Public Disclosure Board (CFB).
  • Must list each major political party and each Minnesota college/university along with campus vote coordinators and their contacts.
  • Must provide information on accessing an electronic copy and any other election-related information required by law.
  • If a candidate does not submit a statement, the guide will note “no statement submitted.”
• Party preference
  • The guide must list each candidate’s political party affiliation or political principle as identified on the candidate’s affidavit of candidacy or nominating petition.
• Constitutional amendment provisions
  • Constitutional amendment proposals must be printed with deletions shown in double parentheses and new language underlined.
  • Explanations explain the current law and the effect of the proposed change; fiscal notes (if any) show financial impact; totals of votes for and against are included; the full text of the measure is provided.
  • Explanatory statements on constitutional amendments are prepared by the revisor of statutes in clear language, including meanings of yes and no votes.
  • The secretary of state must provide the text of the statements to relevant legislative and executive officials and to anyone who requests them.
• Electronic filing and photographs
  • The secretary of state may adopt a rule to create an electronic filing system for portraits and candidate statements.
  • Photo standards include: portraits must be plain background, show the face/head/neck/shoulders, be no older than about four years, and be suitable for printing.
  • Photos printed in the guide must be black and white (color submissions are allowed), and there are restrictions on attire or insignia (no judicial robes, hats, or uniforms) with exceptions for religious head coverings.
  • Governors and lieutenant governors must appear as a combined ticket.
• Candidate statements
  • Word limits: up to 100 words for state representative or state senator or district court judge; up to 200 words for judge of the Court of Appeals or Supreme Court or state auditor; up to 300 words for U.S. President/Vice President, U.S. Senator, U.S. Representative, Governor, and Lieutenant Governor.
  • Combined ticket allowed for governor and lieutenant governor.
  • Space allocation in the guide is based on the number of candidates for each office.
  • Statements must not reference other candidates by name.
• Submission and disputes
  • The secretary of state may set deadlines for submitting statements and photographs, not earlier than 10 days after filing affidavits of candidacy.
  • The secretary may reject or edit candidate statements for obscene content or other legally prohibited material, or for defamation; disputes may be brought to the Court of Administrative Hearings.
  • The court can order edits or removal; the process prioritizes the publication timeline.
• Rulemaking
  • The secretary of state may adopt rules to implement and administer these provisions.

Changes to Existing Law

• Creates new framework (Minnesota Statutes chapter 213) governing a mandatory voter information guide.
• Establishes duties for the secretary of state regarding content, format, accessibility, and distribution of the guide.
• Introduces procedures for enforcement against deceptive campaign materials and for handling disputes over candidate statements.

Implementation and Compliance

• Requires extensive dissemination and accessibility measures (households, libraries, colleges; multilingual and audio formats; online availability).
• Establishes mechanisms for enforcement (court procedures, civil fines) and for resolving disputes about statements.
• Sets standards for candidate materials, including photos, statements, and timing.

Potential Impacts and Considerations

• Improves voter information access and transparency around elections and constitutional amendments.
• Increases administrative responsibilities for the secretary of state and local election officials.
• Introduces penalties for deceptive materials and formal processes to address disputes over candidate statements.
• Emphasizes multilingual access and alternative formats to reach a broader electorate.

Definitions (selected terms)

• Voter information guide, Guide, Candidate, Measure, Printed distribution, Accessibility, Deceptively similar campaign materials, Office formats, Constitutional amendment provisions, Explanatory statements, Fiscal notes, Court of Administrative Hearings, Campaign Finance and Public Disclosure Board, Party preference, Candidate statements, Absentee ballot form, Voter registration form.

Relevant Terms - voter information guide - secretary of state - statewide general election - eligibility to vote - voter registration - absentee ballot - accessibility - multilingual (English and non-English languages) - recording of the guide - deceptively similar campaign materials - civil fines - Court of Administrative Hearings - Campaign Finance and Public Disclosure Board (CFB) - party preference - constitutional amendment provisions - explanatory statements - fiscal notes - electronic filing system - candidate photographs - candidate statements - word limits - deadlines - rulemaking