The U.S. District Court granted a motion for a preliminary injunction in Minnesota Chamber of Commerce v. Choi (0:23-cv-02015), preventing the Minnesota Campaign Finance and Public Disclosure Board from enforcing a bill restricting political activities by foreign-influenced corporations.

House File 3 was to be effective January 1, 2024, and would require a corporation making a contribution to a ballot question or an independent expenditure to submit a certification to the board that it was not a foreign-influenced corporation as of the date the contribution or expenditure was made.

The bill defines a foreign-influenced corporation as one for which a single foreign investor owns 1% or more; two or more foreign investors own 5% or more; or a foreign investor participates directly or indirectly in the corporation’s decision-making process with respect to the corporation’s political activities in the United States.

The Campaign Finance and Public Disclosure Board issued draft rule language staff considers to be potentially controversial.

The language will be considered by the board’s three-member rulemaking committee at one or more public meetings to be announced at a later date.

Interested parties will have an opportunity to comment on the draft rule language.

Once it is available staff will also release draft rule language intended to implement changes made by the Legislature in 2023 to statutes governing lobbyist regulation and reporting.

Information related to the rulemaking process, including how to sign up for the rulemaking notice list, the dates of any scheduled rulemaking committee meetings, copies of official documents, copies of formal comments received by the board, and draft rules, will be posted on the board’s rulemaking docket webpage at cfb.mn.gov/citizen-resources/the-board/statutes-and-rules/rulemaking-docket.

The Campaign Finance and Public Disclosure Board issued draft rule language staff considers to be technical or noncontroversial.

The language will be considered by the board’s three-member rulemaking committee at one or more public meetings to be announced at a later date.

Interested parties will have an opportunity to comment on the draft rule language.

Once it is available staff will also release draft rule language considered to be potentially controversial, including language intended to implement changes made by the Legislature in 2023 to statutes governing lobbyist regulation and reporting.

Information related to the rulemaking process will be posted on the board’s rulemaking docket webpage at cfb.mn.gov/citizen-resources/the-board/statutes-and-rules/rulemaking-docket. 

This information will include how to sign up for the rulemaking notice list, the dates of any scheduled rulemaking committee meetings, copies of official documents, copies of formal comments received by the Board, and draft rules.

Gov. Tim Walz issued a writ of special election to fill the vacant seat in House District 52B following the resignation of State Representative Ruth Richardson.

The special election will be held on December 5.

A special primary, if necessary, will be held on November 16.

This special election date allows for the new representative to be seated when the legislative session convenes on Tuesday, February 12, 2024.

The Campaign Finance and Public Disclosure Board issued a Request for Comments regarding the possible adoption, amendment, and repeal of rules governing campaign finance regulation and reporting; lobbyist regulation and reporting; audits and investigations; and other topics, in Minnesota Rules, chapters 4501 through 4525.

The board may consider other rule topics that arise during the rulemaking process.

Meetings will be open to the public and interested parties will have the opportunity to comment on the proposed rule topics and language.

Information related to the rulemaking, including how to comment, how to sign up for the rulemaking notice list, the dates of upcoming subcommittee meetings, copies of official documents, and draft rules will be posted at cfb.mn.gov/citizen-resources/the-board/statutes-and-rules/rulemaking-docket/.

The 93rd session of the Minnesota Legislature adjourned sine die on May 22.

Lawmakers passed House File 3, a bill restricting political activities by foreign influenced corporations, and requiring corporations making political contributions to file certifications.

The bill requires any corporation making a contribution to a ballot question or an independent expenditure to submit a certification to the Campaign Finance and Public Disclosure Board that it was not a foreign-influenced corporation as of the date the contribution or expenditure was made.

The bill also broadens the definition of expressly advocating to include certain types of political communications, even if they do not use words or phrases of express advocacy, such as “vote for” or “vote against.”

Expressly advocating is used to identify certain types of independent expenditures that require disclosure and reporting to the Campaign Finance and Public Disclosure Board.

The bill becomes effective January 1, 2024.

The Minnesota Legislature is considering two bills proposing an overhaul to the lobbyist reporting requirements.

Senate File 1636 requires lobbyist principals to report the total amount, spent by the principal during the preceding calendar year on each of four types of lobbying:

1. Lobbying to influence legislative action
2. Lobbying to influence administrative action
3. Lobbying to influence official action of political subdivisions
4. Lobbying to influence administrative action in cases of rate setting, power plant and powerline siting, with no rounding of the amounts, so lobbyist principals will be reporting actual amount spent for each category of lobbying.

House File 1723 requires lobbyist principals to report the total amount, rounded to the nearest $10,000 spent by the principal during the preceding calendar year on each of four types of lobbying:

1. Lobbying to influence legislative action
2. Lobbying to influence administrative action
3. Lobbying to influence official action of political subdivisions
4. Lobbying to influence administrative action in cases of rate setting, power plant and powerline siting, and granting of certificates of need for a large energy facility.

Currently principals are only required to report the total amount, rounded to the nearest $20,000, for all categories.

The 92nd session of the Minnesota Legislature adjourned sine die on May 23 without passing most of the tax and spending bills.

A special session is expected to be called by the governor in hopes of reaching an agreement on several funding bills that also contain key policy provisions.

The two-year biennial budget was passed last year, funding state operations until June 30, 2023, so there is no risk of a government shutdown.

U.S. Rep. Jim Hagedorn died at age 59 after a battle with cancer.

Minnesota Gov. Tim Walz is expected to call a special election for District 1 on August 9, the date of the statewide primary elections.

Secretary of State Steve Simon said the filing period must end by March 15 and will be open for at least two weeks.

A special primary will be held May 24.

The special election will take place within the current district boundaries, not those established in the new state maps announced this week, and the winner of the special election will serve the remainder of Hagedorn’s term.

The November race for the seat will run on the standard election-year timetable within the newly redistricted boundaries for the term beginning January 2023.

The first special session adjourned sine die on July 7 after Minnesota lawmakers finalized the budget and passed several omnibus bills.

The omnibus tax bill passed during the special session included a lobbying ban for legislators.

House File 9 prohibits a sitting member of the Legislature from accepting employment with or otherwise receiving compensation from lobbying firms and government affairs businesses if the member’s job duties include lobbying or providing direct or indirect consulting, advice, or administrative support for lobbying efforts.

The bill is effective January 3, 2023.

Minnesota Gov. Tim Walz signed House File 1952 amending campaign finance disclosure laws by requiring reporting of contributions, campaign expenditures and independent expenditures made to certain local candidates or ballot issues.

The bill defines local candidate as an individual who seeks any county office in Hennepin County; any city office in any home rule charter city or statutory city located wholly within Hennepin County and having a population of 75,000 or more; or the school board in Special School District No. 1.

Cities included within the definition of local candidate include Minneapolis, Bloomington, and Brooklyn Park.

The bill also amends the definition of public official to include a chancellor or member of the Board of Trustees of the Minnesota State Colleges and Universities.

The bill also amends the requirements for filing and contents of statements of economic interest.

These amendments will be effective January 1, 2022 and apply to reports and disclosures required to be filed with the state Campaign Finance and Public Disclosure Board on or after that date.

On June 14, the Minnesota Legislature returned to the capitol for a special session.

In this session, lawmakers will be finalizing a two-year, $52 billion budget before the start of the next fiscal period July 1.

If the legislature fails to pass a budget before July 1, there will be a government shutdown.

The Minnesota Legislature adjourned sine die on May 17, although work is not finished.

Lawmakers reached a bipartisan budget agreement on numbers only, with details to be worked out at a special session in June.

Both chambers expect to be back in a special session on June 14 when Gov. Walz’s current declaration of a Peacetime Emergency ends.

If Walz wants to extend the emergency declaration again, he is obligated by law to call a special session to give both chambers the right to rescind his declaration by a majority vote.

If the budget bills are not passed and signed into law by July 1, there will be a government shutdown, which has happened twice before.

Minnesota Gov. Tim Walz called the seventh special session of the Legislature beginning December 14.

This session will focus on extending the COVID-19 peacetime emergency by 30 days.

Additionally, Walz will urge lawmakers to pass a COVID-19 relief package for small businesses, workers, and families.

Walz is obligated by law to call a special session for the Legislature to approve the extension of his emergency rule-making powers in response to the pandemic.

The Legislature will, then, determine the length of the session.