SF4135

Purpose

• The bill would require the secretary of state to prepare and distribute a voter information guide before statewide general elections and would codify these requirements in Minnesota Statutes, creating a formal system for election information.

Main Provisions

• Definitions (213.01)

  • Candidate: a person whose name is or is expected to be printed on the official ballot.
  • Guide: the voter information guide described in this chapter.
  • Measure: a proposed amendment to the Minnesota Constitution presented to voters.

• Printing and distribution (213.02)

  • The secretary of state must print and distribute the guide for every statewide general election.
  • Distribution targets include every household with a registered voter, all public libraries, all public colleges and universities, and other locations the secretary designates.
  • An electronic version must be available to the public.
  • At least 53 days before the general election, the secretary must mail a printed copy to every household with at least one registered voter (based on the statewide voter registration system). Extra copies are available on request.
  • A voter who registers within 29 days of an election does not receive a mailed guide.

• Contents (213.03)

  • The guide must include information about voting eligibility, when and how to register or update registration, a statement noting that the guide may help electors vote, and other information the secretary considers relevant.
  • May include maps of state senate and house districts, a voter registration form, an absentee ballot application, and voter instructions (including rights to request a second ballot if the first is spoiled and to seek assistance in marking the ballot).
  • The names of the secretary of state, county auditor, or municipal clerk may not appear in the guide in their official capacity if they are a candidate for the election.

• Accessibility (213.04)

  • The guide should be readable in English and the three most commonly spoken non-English languages (as determined by the state demographer), with notes about electronic access in those languages and the website address.
  • The secretary of state must post an electronic version of the guide online.
  • The secretary must prepare an English-language recording of the guide and provide it to any voter upon request at no cost.

• Deceptively similar campaign materials (213.05)

  • It is illegal to publish or distribute campaign materials that are deceptively similar to the official voter information guide.
  • The secretary of state may seek injunctive relief and civil fines; fines may be up to a substantial per-copy amount and up to $10,000 in total (the exact figures in the bill are specified but the intent is to deter copying the guide’s look).
  • Funds recovered go to the state general fund.
  • The prohibition does not stop republication of the guide’s content if it is unaltered.

• Format, layout, and contents (213.06)

  • The secretary of state determines the guide’s format and layout, including readability standards.
  • The guide must include information about each proposed state constitutional amendment as required elsewhere, statements from candidates for major offices, contact information for the Campaign Finance and Public Disclosure Board (CFB) with a standard donor transparency note, contact information for each major political party, and campus vote coordinators at Minnesota colleges and universities.
  • It must provide information on how to access an electronic copy and any other election-related content required by law or rule.
  • If a candidate does not submit a statement, the guide must display “no statement submitted” for that candidate.

• Party preference (213.07)

  • The guide must list each candidate’s party affiliation or political principle as identified on their affidavit of candidacy or nominating petition.

• Constitutional amendment provisions (213.08)

  • Constitutional amendments must be printed with deletions shown in double parentheses and with new language underlined.
  • A statement explains deletion and addition.
  • The guide must provide for each amendment: official bill numbers, official ballot title, a revisor’s explanation of the current law and the proposed effect, any fiscal notes, vote totals in the senate and house, and the full text of the measure.
  • Explanatory statements on amendments are prepared in clear language by the revisor of statutes and must include the meanings of yes and no votes.
  • The secretary of state must promptly share these statements with the senate, house leaders, and others who request them.

• Electronic filing system (213.09)

  • The secretary of state, by rule, must adopt an electronic filing system to allow portraits and statements to be filed electronically.

• Photographs (213.10)

  • Photographs must meet standards set by the secretary of state.
  • No attire or insignia suggesting holding public office may appear; portraits taken more than four years before filing are not allowed.
  • Requirements cover standard portrait composition, size (not smaller than 1.5 by 1.75 inches), and black-and-white printing (color submission allowed).
  • Governor and lieutenant governor must submit two photos as a combined ticket.
  • Restrictions include no hands visible, no uniforms or insignia of organizations, and religious head coverings allowed.
  • The secretary of state sets placement and size rules for photos; color photos may be submitted but printed in black and white; combined tickets are required for governor/lieutenant governor.

• Length of candidate statements (213.11)

  • Word limits by office: state representative and state senator 100 words; district court judge 100 words; judge of the court of appeals, justice of the supreme court, secretary of state, attorney general, state auditor 200 words; and governor/lieutenant governor 300 words.
  • Governor and lieutenant governor statements may be combined as a ticket.
  • Space is allocated based on the number of candidates; pages must be labeled as images and statements.
  • No candidate statement may reference another candidate running for the same office.

• Deadline for submission (213.12)

  • The secretary of state may set deadlines for submitting statements and photographs, but they cannot be earlier than 10 days after the deadline for filing affidavits of candidacy.

• Rejection or dispute of candidate statements (213.13)

  • If a statement is obscene or otherwise prohibited, the secretary may seek a determination from the Court of Administrative Hearings to edit or reject the statement.
  • A statement that is false or misleading may be the subject of defamation concerns; actions can be initiated, with processes outlined for challenging content.
  • The court can order revisions or removal, with a process for timing and notification.
  • The secretary of state is a nominal party to such actions to determine the guide’s content; calendar priority is given to these matters.

• Rulemaking (213.14)

  • The secretary of state may adopt rules necessary to administer the chapter.

Significant Changes to Existing Law

• Establishes a formal, codified framework (Minnesota Statutes Chapter 213) for producing, distributing, and updating a voter information guide before statewide general elections.
• Mandates wide distribution (including households with registered voters, libraries, and colleges) and creates an accessible, multilingual format with an electronic version and an English recording.
• Introduces strict control over the guide’s content, including candidate statements, photos, party affiliation, and information about constitutional amendments, with explicit formatting rules (deletions in double parentheses, additions underlined) and required explanatory material.
• Creates enforceable penalties for deceptive campaign materials that imitate the guide, with potential injunctive relief and civil fines.
• Adds new procedural elements such as word limits for statements, deadlines, dispute resolution through the Court of Administrative Hearings, and a formal rulemaking process to implement the law.

Implementation Notes

• The secretary of state would have broad authority to determine layout, language accessibility, and the precise rules for content and deadlines.
• The bill emphasizes accessibility, transparency of campaign finance information, and clear presentation of constitutional amendments to voters.

Relevant Terms - voter information guide - secretary of state - statewide general election - candidate statements - photographs / portraits - constitutional amendments / measures - language accessibility / translations - state demographer - Campaign Finance and Public Disclosure Board (CFB) - political party information - campus vote coordinators - electronic filing system - deceptive campaign materials - Court of Administrative Hearings - rulemaking - deletions in double parentheses and underlined additions - voter registration and eligibility - absentee ballot and voting instructions - election transparency and public records