Rulemaking docket
Adopted Permanent Rules Relating to Campaign Finance; Lobbying; and Audits and Investigations; Minnesota Rules chapters 4501, 4503, 4511, 4512, and 4525; Revisor's ID No. 4809; OAH Docket No. 24-9030-39382
Adoption of rules
On January 15, 2025, the Board's executive director signed an order adopting rules relating to campaign finance, lobbying, and audits and investigations, as authorized by the Board. A notice of adoption was published in the State Register on February 18, 2025. The rules took effect on February 25, 2025, pursuant to Minnesota Statutes section 14.38. On March 17, 2025, the website of the Office of the Revisor of Statutes was updated to incorporate the changes made to the Board's administrative rules.
February 18, 2025, edition of the State Register
Approval of rules by OAH
On January 2, 2025, the Board's proposed rules were submitted to the Office of Administrative Hearings (OAH) for review by Assistant Chief Administrative Law Judge Kristien R. E. Butler, pursuant to Minnesota Statutes section 14.26, along with the enclosures required by Minnesota Rules 1400.2310. On January 14, 2025, Judge Butler issued an order approving the proposed rules.
Order on Review of Proposed Rules
December 4, 2024 Board meeting
During its meeting on December 4, 2024, the Board considered the comments received by the Board during the 30-day comment period, draft responses to those comments, and four proposed modifications to the Board's proposed administrative rule language. The Board adopted the four proposed modifications and voted to approve a resolution authorizing the Board's executive director to sign an order formally adopting the proposed rules.
Memo to Board for December 4, 2024, meeting
Redlined rule language to potentially be modified
All comments received during 30-day comment period
Draft responses to comments received during 30-day comment period
Signed Board resolution adopting rules as modified
Proposed rule language as modified December 4, 2024
Video of December 4, 2024 Board meeting (starts at 1:24:05 mark)
Comments received during 30-day comment period
Representative Nathan Coulter - Oct. 15, 2024
Minnesota School Boards Association (MSBA) - Nov. 1, 2024
Minnesota Council of Nonprofits (MCN) - Nov. 6, 2024
Campaign Legal Center (CLC) - Nov. 6, 2024
Dual Notice of Intent to Adopt Rules
The Board's Dual Notice of Intent to Adopt Rules is available here. An order issued by Assistant Chief Administrative Law Judge Kristien R. E. Butler on October 1, 2024, approving the Dual Notice, is available here as well as on the website of the Office of Administrative Hearings (OAH). The Dual Notice contained information about how to submit comments on the rules and how to request a public hearing. The Dual Notice and the text of the Board's proposed rules were published in the State Register on October 7, 2024. The public comment period began on October 7, 2024, and ended on November 6, 2024. The Board did not receive requests from 25 or more persons for a hearing on the proposed rules. As a result, the public hearing that was scheduled for December 17, 2024, was canceled.
Statement of Need and Reasonableness (SONAR)
The Board's Statement of Need and Reasonableness (SONAR) is available here. The SONAR was initially released on September 13, 2024, and a minor change was made to the notice plan on page 49 on September 30, 2024.
Revisor's draft of proposed rules dated August 15, 2024
The Office of the Revisor of Statutes reviewed the Board's proposed rule language under Minnesota Statutes section 14.07, subdivision 2. After making some nonsubstantive changes, primarily involving the numbering of rule parts and subparts, the Revisor's Office approved the proposed rule language as to form. The Revisor's draft of the proposed rules is available by clicking here.
June 5, 2024 Board meeting
During its meeting on June 5, 2024, the Board approved two revisions to its proposed rule language. The revised proposed rule language is available by clicking here. The Board also authorized the Board's executive director to proceed with publishing a notice of intent to adopt the proposed rules. The written materials considered by the Board and video of the meeting are available by clicking here.
March 8, 2024 Board meeting
During its meeting on March 8, 2024, the Board approved proposed rule language, which is available by clicking here. The draft rule language and written comments considered by the Board and video of the meeting are available by clicking here.
February 23, 2024 rulemaking committee meeting
The Board's rulemaking committee met on Friday, February 23, 2024. The draft rule language and written comments considered by the committee and video of the meeting are available by clicking here.
February 9, 2024 rulemaking committee meeting
The Board's rulemaking committee met on Friday, February 9, 2024. The draft rule language and written comments considered by the committee and video of the meeting are available by clicking here.
January 29, 2024 rulemaking committee meeting
The Board's rulemaking committee met on Monday, January 29, 2024. The draft rule language and written comments considered by the committee and video of the meeting are available by clicking here.
Previously released rulemaking materials
Click here to view the Revisor's draft of the proposed rules dated December 17, 2024
Click here to view all comments received during the 30-day comment period
Click here to view the Statement of Need and Reasonableness (SONAR) dated September 30, 2024
Click here to view the Revisor's draft of the proposed rules dated August 15, 2024
Click here to view the Governor's Office Proposed Rule and SONAR Form signed June 27, 2024
Click here to view the revised proposed rule language approved by the Board on June 5, 2024
Click here to view the proposed rule language approved by the Board on March 8, 2024
Click here to view combined draft rule language released by Board staff on January 23, 2024
Click here to view the pages from the State Register that contained the Board's request for comments
Click here to view the request for comments published in the State Register on July 24, 2023
Sign up for Board rulemaking notices
If you would like to receive notices related to the Board's rulemaking activities by email, please subscribe to our rulemaking notice list.
If you would prefer to receive rulemaking notices by mail, please send your name and address to andrew.d.olson@state.mn.us or to: Campaign Finance and Public Disclosure Board, Suite 190, Centennial Office Building, 658 Cedar Street, St. Paul, MN 55155-1603.
Comments and questions
If you have comments or questions about the rulemaking process, please contact the Board contact person, Andrew Olson, by email at andrew.d.olson@state.mn.us, by phone at 651-539-1190 or 800-657-3889 (toll free), by fax at 651-539-1196 or 800-357-4114 (toll free), or by mail to:
Andrew Olson
Campaign Finance and Public Disclosure Board
190 Centennial Office Building
658 Cedar Street
St. Paul, MN 55155-1603
Minnesota Relay users may dial 711 or 800-627-3529. Any written comments on proposed rules may be inspected at the Board's office.
Rulemaking topics identified within the Board's request for comments
The Campaign Finance and Public Disclosure Board is considering rule adoptions, amendments, and repeals concerning campaign finance regulation and reporting that 1) establish how campaign finance filers may jointly purchase goods or services without making or receiving a donation in kind, as discussed in Advisory Opinions 452 and 436; 2) establish the circumstances under which a principal campaign committee may pay for expenses related to the operation of a legislative caucus, as discussed in Advisory Opinion 450; 3) establish criteria that campaign finance filers must consider regarding the underlying sources of funding of an unregistered association that may make a contribution in determining whether the contribution may be accepted as discussed in Advisory Opinion 447; 4) clarify the circumstances under which vendors that electronically process monetary contributions to campaign finance filers are not making contributions to the recipients, and are not required to register with the Board as a political committee or fund, as discussed in Advisory Opinions 319, 369, and 434; 5) clarify whether a contributor who pays a processing fee when making a monetary contribution to a campaign finance filer has made a donation in kind to the recipient consisting of the amount of the fee as discussed in Advisory Opinion 434; 6) establish that a treasurer may group expenses together within campaign finance reports on a monthly basis if the expenses are for the same goods or services, from the same vendor, and all expenses incurred within a reporting period are disclosed through the end of that period; 7) establish criteria required in order for a candidate to be deemed not responsible for the actions of a vendor or subcontractors of a vendor hired by the candidate's committee, such as when those actions unintentionally result in coordinated expenditures; 8) amend Minnesota Rules 4503.0900 to clarify the circumstances under which an equipment purchase by a principal campaign committee may not be classified as a noncampaign disbursement as discussed in Advisory Opinions 89, 127, 209, 211, and 228; 9) update rules within Minnesota Rules chapter 4501 concerning electronic filing to reflect the Board's current electronic reporting systems; 10) establish a definition of the term "county office in Hennepin County" as used in Minnesota Statutes section 10A.01, subdivision 10d; 11) establish a definition of the term "nomination" as used within Minnesota Statutes chapter 10A; 12) delete the text "when notice required under subpart 4 is filed or" within Minnesota Rules 4503.0200, subpart 5, because subpart 4 was repealed in 2005; 13) amend Minnesota Rules 4503.0800, subparts 2-4, and 4503.1000 to be inclusive of a local candidate as that term is defined by Minnesota Statutes section 10A.01, subdivision 10d, to match the changes made by the legislature in 2021 to the definitions of approved expenditure and contribution within Minnesota Statutes section 10A.01; 14) amend Minnesota Rules 4503.0900, subpart 1 to codify the noncampaign disbursement category for costs incurred by a principal campaign committee to maintain a required bank account; 15) clarify the extent to which a disclaimer is required by Minnesota Statutes section 211B.04 when campaign material is disseminated via social media; and 16) establish a definition of the term "headquarters" as used in Minnesota Statutes section 211B.15, subdivision 8.
The Board is considering rule adoptions, amendments, and repeals concerning lobbyist regulation and reporting that 1) clarify that state agencies and local government bodies are not lobbyist principals as discussed in Advisory Opinions 224, 297, and 441; 2) clarify that informational material may be provided to a public official by a lobbyist principal without violating the gift prohibition if the principal had a significant role in creating, developing, or producing the information as discussed in Advisory Opinion 445; 3) implement the changes made by the legislature in 2023 to statutes governing lobbyist regulation and reporting; 4) change the cross-reference within Minnesota Rules 4511.0500, subpart 1, to refer to Minnesota Statutes section 10A.04, subdivision 9, because "subpart 2" was repealed in 2017; and 5) update rules within Minnesota Rules chapter 4501 concerning electronic filing to reflect the Board's current electronic reporting systems.
The Board is considering rule adoptions, amendments, and repeals concerning audits and investigations that 1) establish a procedure for withdrawing a complaint filed with the Board; 2) establish procedures and criteria to be used when conducting audits of campaign finance filers; 3) establish procedures and criteria to be used when auditing affidavits of contributions submitted by principal campaign committees when seeking to qualify for a public subsidy payment; 4) amend Minnesota Rules 4525.0200, subpart 2, to clarify that a complaint may include an authorized representative's address, rather than the complainant's personal address, if the complaint is signed by an individual authorized to act on behalf of the complainant; 5) amend Minnesota Rules 4525.0210 to expand and clarify the procedures that will be used after a finding of probable cause; and 6) amend Minnesota Rules 4525.0220 to state whether a complainant will be informed of, and provided an opportunity to respond to, a request by a respondent for a summary proceeding.
The Board is also considering rule adoptions, amendments, and repeals concerning other topics within Minnesota Statutes chapter 10A that may arise during the rulemaking process.