HF4563

Purpose

• To strengthen protections against intimidation and interference with the voting process and to address interference with the performance of duties by election officials. The bill adds criminal penalties and creates civil remedies to enforce these protections, updating Minnesota law.

Main Provisions

• Criminal penalties for violations: A person who violates the section can be charged with a gross misdemeanor or a felony, depending on the conduct.
• Civil actions to stop violations: The attorney general, a county attorney, or any person harmed by the violation can file a civil action to prevent or restrain ongoing or future violations if there is a reasonable basis to believe the act is or will be committed.
• Damages and fees: A civil action under this section may recover damages, investigation costs, reasonable attorney fees, and other equitable relief as determined by the court.
• Public-interest action: Some civil actions under this section are treated as in the public interest, similar to other anti-fraud or anti-abuse cases.
• Civil penalties: In addition to damages, the court may impose a civil penalty of up to $10,000 per violation.
• Cumulative remedies: Civil remedies under this section are in addition to (not replacing) other rights or remedies.
• Time limits: Actions must be filed within two years of when the violation occurred.
• Procedural carve-out: The complaint process currently used for certain election-related matters (sections 211B.31 to 211B.36) does not apply to violations of this section.

What Changes This Brings to Minnesota Law

• Elevates enforcement: Adds criminal penalties (gross misdemeanor or felony) for intimidation or interference with voting and for interference with election official duties.
• Expands enforcement options: Allows AGs, county attorneys, and private parties harmed by violations to bring civil lawsuits, not just rely on existing complaint processes.
• Broadens remedies: Introduces damages, costs, attorney fees, equitable relief, and civil penalties up to $10,000 per violation.
• Clarifies scope and timing: Establishes a two-year window to bring actions and confirms remedies can be pursued alongside other rights.
• Removes existing complaint process for these violations: The standard election complaint process is not applicable to violations covered by this new section.

Enforcement and Practical Impact

• For voters and election workers, this bill creates stricter consequences for intimidation or interference and provides a clearer path to stop such conduct and recover costs.
• The state can pursue both criminal charges and civil actions for the same conduct, where appropriate.
• Civil penalties and damages can be awarded even if other remedies are pursued or available.

Summary in Plain Terms

• The bill makes it clearer and tougher to threaten or interfere with voting or with election workers. It adds criminal penalties and lets the state (and individuals harmed) sue to stop the bad behavior, seek damages, and win funds for enforcement costs. It also adds a rule that some normal election complaint processes don’t apply to these violations, and it sets a two-year deadline to act.

Terminology Emphasis (from the bill)

• Intimidation
• Interference with the voting process
• Interference related to the performance of duties by an election official
• Criminal penalties (gross misdemeanor, felony)
• Civil remedies and civil actions
• Damages, costs of investigation, attorney fees
• Equitable relief
• Civil penalty (up to $10,000 per violation)
• Public-interest action
• Section 8.31 (civil action framework)
• Two-year statute of limitations
• Exemption from 211B.31–211B.36 complaint process

Relevant Terms - intimidation - interference with voting - election official duties - gross misdemeanor - felony - civil action - civil remedies - damages - costs of investigation - attorney fees - equitable relief - civil penalty - $10,000 per violation - two-year limit - public interest - 8.31 - 211B.31–211B.36 (inapplicability)