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Minnesota Office of the Secretary of State

Disclaimer Requirement

In response to the 2006 Minnesota Court of Appeals ruling in Riley v. Jankowski (Minnesota Court of Appeals file #A05-1125), the 2010 Legislature changed Minnesota Statutes 211B.04 to read:

211B.04  CAMPAIGN LITERATURE MUST INCLUDE DISCLAIMER.
NEW LANGUAGE 2010

        (a) A person who participates in the preparation or dissemination of campaign material other than as provided in section 211B.05, subdivision 1, that does not prominently include the name and address of the person or committee causing the material to be prepared or disseminated in a disclaimer substantially in the form provided in paragraph (b) or (c) is guilty of a misdemeanor. 
        (b) Except in cases covered by paragraph (c), the required form of disclaimer is: "Prepared and paid for by the .......... committee, .........(address)" for material prepared and paid for by a principal campaign committee, or "Prepared and paid for by the .......... committee, .........(address), in support of .........(insert name of candidate or ballot question)" for material prepared and paid for by a person or committee other than a principal campaign committee. 
        (c) In the case of broadcast media, the required form of disclaimer is: "Paid for by the ............ committee." 
        (d) Campaign material that is not circulated on behalf of a particular candidate or ballot question must also include in the disclaimer either that it is "in opposition to .....(insert name of candidate or ballot question.....)"; or that "this publication is not circulated on behalf of any candidate or ballot question." 
        (e) This section does not apply to objects stating only the candidate's name and the office sought, fund raising tickets, or personal letters that are clearly being sent by the candidate. 
        (f) This section does not apply to an individual or association who acts independently of any candidate, candidate's committee, political committee, or political fund and spends only from the individual's or association's own resources a sum that is less than $500 $2,000 in the aggregate to produce or distribute campaign material that is distributed at least seven days before the election to which the campaign material relates. 
        (g) This section does not modify or repeal section 211B.06.

The Office of Administrative Hearings (OAH) has jurisdiction over Minnesota Statutes Chapter 211B and the OAH's Fair Campaign Hearing Process webpage contains information relating to this issue.

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Last updated: 11/26/2012 9:26:11 AM