1.1.................... moves to amend H.F. No. 3, the fifth engrossment, as follows:
1.2Page 24, delete section 1 and insert:

1.3    "Section 1. Minnesota Statutes 2022, section 10A.121, subdivision 1, is amended to read:
1.4    Subdivision 1. Permitted disbursements. An independent expenditure political
1.5committee or fund, or a ballot question political committee or fund, may:
1.6    (1) pay costs associated with its fundraising and general operations;
1.7    (2) pay for communications that do not constitute contributions or approved expenditures;
1.8    (3) make contributions to independent expenditure or ballot question political committees
1.9or funds;
1.10    (4) make independent expenditures;
1.11    (5) make expenditures to promote or defeat ballot questions;
1.12    (6) return a contribution to its source;
1.13    (7) for a political fund, record bookkeeping entries transferring the association's general
1.14treasury money allocated for political purposes back to the general treasury of the association;
1.15and
1.16    (8) for a political fund, return general treasury money transferred to a separate depository
1.17to the general depository of the association.; and
1.18(9) make disbursements for electioneering communications.
1.19EFFECTIVE DATE.This section is effective January 1, 2024, and applies to
1.20expenditures and electioneering communications made on or after that date.

2.1    Sec. 2. Minnesota Statutes 2022, section 10A.20, subdivision 12, is amended to read:
2.2    Subd. 12. Failure to file; late fees; penalty. (a) If an individual or association fails to
2.3file a report required by this section or section 10A.202, the board may impose a late filing
2.4fee and a civil penalty as provided in this subdivision.
2.5(b) If an individual or association fails to file a report required by this section that is due
2.6January 31, the board may impose a late filing fee of $25 per day, not to exceed $1,000,
2.7commencing the day after the report was due.
2.8(c) If an individual or association fails to file a report required by this section that is due
2.9before a primary or general election, subdivision 2, 2a, or 5, or by section 10A.202, the
2.10board may impose a late filing fee of $50 per day, not to exceed $1,000, commencing on
2.11the day after the date the statement was due, provided that if the total receipts received
2.12during the reporting period or total expenditure reportable under section 10A.202 exceeds
2.13$25,000, then the board may impose a late filing fee of up to two percent of the amount that
2.14should have been reported, per day, commencing on the day after the report was due, not
2.15to exceed 100 percent of the amount that should have been reported.
2.16(d) If an individual or association has been assessed a late filing fee or civil penalty
2.17under this subdivision during the prior four years, the board may impose a late filing fee, a
2.18civil penalty, or both, of up to twice the amount otherwise authorized by this subdivision.
2.19(e) Within ten business days after the report was due or receipt by the board of
2.20information disclosing the potential failure to file, the board must send notice by certified
2.21mail to an individual who fails to file a report within ten business days after the report was
2.22due that the individual or association may be subject to a civil penalty for failure to file the
2.23report. An individual who fails to file the report within seven days after the certified mail
2.24notice was sent by the board is subject to a civil penalty imposed by the board of up to
2.25$1,000 $2,000 in addition to the late filing fees imposed by this subdivision.

2.26    Sec. 3. [10A.201] ELECTIONEERING COMMUNICATIONS; DEFINITIONS.
2.27    Subdivision 1. Definitions. The terms defined in this section apply to this section and
2.28to section 10A.202.
2.29    Subd. 2. Broadcast, cable, or satellite communication. "Broadcast, cable, or satellite
2.30communication" means a communication that is publicly distributed by a television station,
2.31radio station, cable television system, or satellite system.
2.32    Subd. 3. Can be received by 10,000 or more individuals. (a) "Can be received by
2.3310,000 or more individuals" means:
3.1(1) in the case of a communication transmitted by an FM radio broadcast station or
3.2network, where the district lies entirely within the station's or network's protected or primary
3.3service contour, that the population of the district is 10,000 or more;
3.4(2) in the case of a communication transmitted by an FM radio broadcast station or
3.5network, where a portion of the district lies outside of the protected or primary service
3.6contour, that the population of the part of the district lying within the station's or network's
3.7protected or primary service contour is 10,000 or more;
3.8(3) in the case of a communication transmitted by an AM radio broadcast station or
3.9network, where the district lies entirely within the station's or network's most outward service
3.10area, that the population of the district is 10,000 or more;
3.11(4) in the case of a communication transmitted by an AM radio broadcast station or
3.12network, where a portion of the district lies outside of the station's or network's most outward
3.13service area, that the population of the part of the district lying within the station's or
3.14network's most outward service area is 10,000 or more;
3.15(5) in the case of a communication appearing on a television broadcast station or network,
3.16where the district lies entirely within the station's or network's Grade B broadcast contour,
3.17that the population of the district is 10,000 or more;
3.18(6) in the case of a communication appearing on a television broadcast station or network,
3.19where a portion of the district lies outside of the Grade B broadcast contour:
3.20(i) that the population of the part of the district lying within the station's or network's
3.21Grade B broadcast contour is 10,000 or more; or
3.22(ii) that the population of the part of the district lying within the station's or network's
3.23broadcast contour, when combined with the viewership of that television station or network
3.24by cable and satellite subscribers within the district lying outside the broadcast contour, is
3.2510,000 or more;
3.26(7) in the case of a communication appearing exclusively on a cable or satellite television
3.27system, but not on a broadcast station or network, that the viewership of the cable system
3.28or satellite system lying within a district is 10,000 or more; or
3.29(8) in the case of a communication appearing on a cable television network, that the
3.30total cable and satellite viewership within a district is 10,000 or more.
3.31(b) Cable or satellite television viewership is determined by multiplying the number of
3.32subscribers within a district, or a part thereof, as appropriate, by the current national average
3.33household size, as determined by the Bureau of the Census.
4.1(c) A determination that a communication can be received by 10,000 or more individuals
4.2based on the application of the formula in this section shall create a rebuttable presumption
4.3that may be overcome by demonstrating that:
4.4(1) one or more cable or satellite systems did not carry the network on which the
4.5communication was publicly distributed at the time the communication was publicly
4.6distributed; and
4.7(2) applying the formula to the remaining cable and satellite systems results in a
4.8determination that the cable network or systems upon which the communication was publicly
4.9distributed could not be received by 10,000 individuals or more.
4.10    Subd. 4. Direct costs of producing or airing electioneering communications. "Direct
4.11costs of producing or airing electioneering communications" means:
4.12(1) costs charged by a vendor, including studio rental time, staff salaries, costs of video
4.13or audio recording media, and talent; and
4.14(2) the cost of airtime on broadcast, cable, or satellite radio and television stations, studio
4.15time, material costs, and the charges for a broker to purchase the airtime.
4.16    Subd. 5. Disclosure date. "Disclosure date" means:
4.17(1) the first date on which an electioneering communication is publicly distributed,
4.18provided that the person making the electioneering communication has made one or more
4.19disbursements, or has executed one or more contracts to make disbursements, for the direct
4.20costs of producing or airing one or more electioneering communications aggregating in
4.21excess of $10,000; or
4.22(2) any other date during the same calendar year on which an electioneering
4.23communication is publicly distributed, provided that the person making the electioneering
4.24communication has made one or more disbursements, or has executed one or more contracts
4.25to make disbursements, for the direct costs of producing or airing one or more electioneering
4.26communications aggregating in excess of $10,000 since the most recent disclosure date
4.27during that calendar year.
4.28    Subd. 6. Electioneering communication. (a) "Electioneering communication" means
4.29any broadcast, cable, or satellite communication that:
4.30(1) refers to a clearly identified candidate for state office;
4.31(2) is publicly distributed within 60 days before a general election for the office sought
4.32by the candidate; or within 30 days before a primary election, or a convention or caucus of
5.1a political party that has authority to nominate a candidate, for the office sought by the
5.2candidate, and the candidate referenced is seeking the nomination of that political party;
5.3and
5.4(3) is targeted to the relevant electorate, in the case of a candidate for senate, house of
5.5representatives, or other office elected by district.
5.6(b) A communication is not an electioneering communication if it:
5.7(1) is publicly disseminated through a means of communication other than a broadcast,
5.8cable, or satellite television or radio station;
5.9(2) appears in a news story, commentary, or editorial distributed through the facilities
5.10of any broadcast, cable, or satellite television or radio station, unless such facilities are
5.11owned or controlled by any political party, political committee, or candidate, provided that
5.12a news story distributed through a broadcast, cable, or satellite television or radio station
5.13owned or controlled by any political party, political committee, or candidate is not an
5.14electioneering communication if the news story meets the requirements described in Code
5.15of Federal Regulations, title 11, section 100.132(a) and (b);
5.16(3) constitutes an expenditure or independent expenditure, provided that the expenditure
5.17or independent expenditure is required to be reported under this chapter;
5.18(4) constitutes a candidate debate or forum, or that solely promotes such a debate or
5.19forum and is made by or on behalf of the person sponsoring the debate or forum;
5.20(5) is paid for by a candidate; or
5.21(6) is publicly distributed during any period during which the legislature is convened in
5.22a regular or special session, or during the 14 days immediately following adjournment of
5.23that session.
5.24    Subd. 7. Identification. "Identification" means, in the case of an individual, the
5.25individual's full name, including first name, middle name or initial, if available, and last
5.26name; mailing address; occupation; and the name of the individual's employer; and, in the
5.27case of a person who is not an individual, the person's name and principal place of business.
5.28    Subd. 8. Individuals sharing or exercising direction or control. "Individuals sharing
5.29or exercising direction or control" means officers, directors, executive directors or the
5.30equivalent, partners, and in the case of unincorporated organizations, owners, of the entity
5.31or person making the disbursement for the electioneering communication.
6.1    Subd. 9. Publicly distributed. "Publicly distributed" means aired, broadcast, cablecast,
6.2or otherwise disseminated through the facilities of a television station, radio station, cable
6.3television system, or satellite system.
6.4    Subd. 10. Refers to a clearly identified candidate. "Refers to a clearly identified
6.5candidate" means that the candidate's name, nickname, photograph, or drawing appears, or
6.6the identity of the candidate is otherwise apparent through an unambiguous reference such
6.7as "the governor," "your legislator," or "the incumbent," or through an unambiguous reference
6.8to the candidate's status as a candidate such as "the [political party] gubernatorial nominee"
6.9or "the [political party] candidate for senate."
6.10    Subd. 11. Targeted to the relevant electorate. "Targeted to the relevant electorate"
6.11means the communication can be received by 10,000 or more individuals:
6.12(1) in the district the candidate seeks to represent, in the case of a candidate for
6.13representative, senator, or other office represented by district; or
6.14(2) in the entire state, if the candidate seeks a statewide office.
6.15EFFECTIVE DATE.This section is effective January 1, 2024, and applies to
6.16expenditures and electioneering communications made on or after that date.

6.17    Sec. 4. [10A.202] ELECTIONEERING COMMUNICATION; REPORTING
6.18REQUIREMENTS.
6.19    Subdivision 1. Reports required. Any person who has made an electioneering
6.20communication, as defined in section 10A.201, aggregating in excess of $10,000 during
6.21any calendar year shall file a statement with the board no later than 11:59 p.m. on the day
6.22following the disclosure date. The statement shall be filed under penalty of perjury, and
6.23must contain the information set forth in subdivision 2. Political committees that make a
6.24communication described in section 10A.201 must report the communication as a campaign
6.25expenditure or independent expenditure as otherwise provided by this chapter and are not
6.26required to file a report under this section.
6.27    Subd. 2. Content of report. A statement of electioneering communications required by
6.28this section shall disclose the following information:
6.29(1) the identification of the person who made the disbursement or who executed a contract
6.30to make a disbursement and, if the person is not an individual, the person's principal place
6.31of business;
7.1(2) the identification of any individual sharing or exercising direction or control over
7.2the activities of the person who made the disbursement or who executed a contract to make
7.3a disbursement;
7.4(3) the identification of the custodian of the books and accounts from which the
7.5disbursements were made;
7.6(4) the amount of each disbursement, or amount obligated, of more than $200 during
7.7the period covered by the statement, the date the disbursement was made or the contract
7.8was executed, and the identification of the person to whom that disbursement was made;
7.9(5) all clearly identified candidates referred to in the electioneering communication and
7.10the elections in which they are candidates;
7.11(6) the disclosure date;
7.12(7) if the disbursements were paid exclusively from a segregated bank account consisting
7.13of funds provided solely by persons other than national banks, corporations organized by
7.14federal law or the laws of this state, or foreign nationals, the name and address of each donor
7.15who donated an amount aggregating $1,000 or more to the segregated bank account,
7.16aggregating since the first day of the preceding calendar year;
7.17(8) if the disbursements were not paid exclusively from a segregated bank account
7.18consisting of funds provided solely by persons other than national banks, corporations
7.19organized by federal law or the laws of this state, or foreign nationals, and were not made
7.20by a corporation or labor organization, the name and address of each donor who donated
7.21an amount aggregating $1,000 or more to the person making the disbursement, aggregating
7.22since the first day of the preceding calendar year; and
7.23(9) if the disbursements were made by a corporation or labor organization and were not
7.24paid exclusively from a segregated bank account consisting of funds provided solely by
7.25persons other than national banks, corporations organized by federal law or the laws of this
7.26state, or foreign nationals, the name and address of each person who made a donation
7.27aggregating $1,000 or more to the corporation or labor organization, aggregating since the
7.28first day of the preceding calendar year, which was made for the purpose of furthering
7.29electioneering communications.
7.30    Subd. 3. Recordkeeping. All persons who make electioneering communications or who
7.31accept donations for the purpose of making electioneering communications must maintain
7.32records as necessary to comply with the requirements of this section.
8.1    Subd. 4. Disclaimer required. An electioneering communication must include a
8.2disclaimer in the same manner as required for campaign material under section 211B.04,
8.3subdivision 1, paragraph (c).
8.4    Subd. 5. Late fees; failure to file; penalties. A person who fails to file a report required
8.5by this section is subject to the late fees and penalties provided in section 10A.20, subdivision
8.612.
8.7EFFECTIVE DATE.This section is effective January 1, 2024, and applies to
8.8expenditures and electioneering communications made on or after that date.

8.9    Sec. 5. Minnesota Statutes 2022, section 10A.244, is amended to read:
8.1010A.244 VOLUNTARY INACTIVE STATUS; POLITICAL FUNDS.
8.11    Subdivision 1. Election of voluntary inactive status. An association that has a political
8.12fund registered under this chapter may elect to have the fund placed on voluntary inactive
8.13status if the following conditions are met:
8.14(1) the association makes a written request for inactive status;
8.15(2) the association has filed all periodic reports required by this chapter and has received
8.16no contributions into its political fund and made no expenditures or disbursements, including
8.17disbursements for electioneering communications, through its political fund since the last
8.18date included on the association's most recent report; and
8.19(3) the association has satisfied all obligations to the state for late filing fees and civil
8.20penalties imposed by the board or the board has waived this requirement.
8.21    Subd. 2. Effect of voluntary inactive status. After an association has complied with
8.22the requirements of subdivision 1:
8.23(1) the board must notify the association that its political fund has been placed in
8.24voluntary inactive status and of the terms of this section;
8.25(2) the board must stop sending the association reports, forms, and notices of report due
8.26dates that are periodically sent to entities registered with the board;
8.27(3) the association is not required to file periodic disclosure reports for its political fund
8.28as otherwise required under this chapter;
8.29(4) the association may not accept contributions into its political fund and may not make
8.30expenditures, contributions, or disbursements, including disbursements for electioneering
8.31communications, through its political fund; and
9.1(5) if the association maintains a separate depository account for its political fund, it
9.2may continue to pay bank service charges and receive interest paid on that account while
9.3its political fund is in inactive status.
9.4    Subd. 3. Resumption of active status or termination. (a) An association that has placed
9.5its political fund in voluntary inactive status may resume active status upon written notice
9.6to the board.
9.7(b) A political fund placed in voluntary inactive status must resume active status within
9.814 days of the date that it has accepted contributions or made expenditures, contributions,
9.9or disbursements, including disbursements for electioneering communications, that aggregate
9.10more than $750 since the political fund was placed on inactive status. If, after meeting this
9.11threshold, the association does not notify the board that its fund has resumed active status,
9.12the board may place the association's political fund in active status and notify the association
9.13of the change in status.
9.14(c) An association that has placed its political fund in voluntary inactive status may
9.15terminate the registration of the fund without returning it to active status.
9.16    Subd. 4. Penalty for financial activity while in voluntary inactive status. If an
9.17association fails to notify the board of its political fund's resumption of active status under
9.18subdivision 3, the board may impose a civil penalty of $50 per day, not to exceed $1,000
9.19commencing on the 15th calendar day after the fund resumed active status.
9.20EFFECTIVE DATE.This section is effective January 1, 2024, and applies to
9.21expenditures and electioneering communications made on or after that date.

9.22    Sec. 6. Minnesota Statutes 2022, section 10A.25, subdivision 3a, is amended to read:
9.23    Subd. 3a. Independent expenditures and electioneering communications. The principal
9.24campaign committee of a candidate must not make independent expenditures or
9.25disbursements for electioneering communications. If the principal campaign committee of
9.26a candidate makes a contribution to an independent expenditure committee or independent
9.27expenditure fund on or after January 1 of the year the candidate's office will appear on the
9.28ballot, the independent expenditure committee or independent expenditure fund must not
9.29make an independent expenditure for that candidate.
9.30EFFECTIVE DATE.This section is effective January 1, 2024, and applies to
9.31expenditures and electioneering communications made on or after that date."
9.32Renumber the sections in sequence and correct the internal references
10.1Amend the title accordingly