State of Minnesota

Campaign Finance & Public Disclosure Board
Suite 190, Centennial Building. 658 Cedar Street. St. Paul, MN 55155-1603

THE FOLLOWING PUBLICATION DOES NOT IDENTIFY
THE REQUESTER OF THE ADVISORY OPINION, WHICH IS NON-PUBLIC DATA

under Minn. Stat. § 10A.02, subd. 12(b)RE:Mailings to members of an organization for the purpose of influencing thenomination or election of a candidate is a campaign expenditure that must be
made through a political committee.

ADVISORY OPINION 342

SUMMARY
A mailing to members of an association that supports a legislator and announces that thelegislator received an award for his voting history is a campaign expenditure that
influences the nomination or election of the legislator. This is true even if the award isbased on a ranking of legislative voting that is not in itself intended to influence theoutcome of an election.
FACTS
As the State Director for an association, and the treasurer for a registered politicalcommittee, you ask the Campaign Finance and Public Disclosure Board (the Board) for
an advisory opinion based on the following facts:

1. The association does not provide administrative support to the registered politicalcommittee, but the organizations are associated.
2. The association rates voting records for Minnesota legislators, and may issue
awards to legislators based on their voting record. The association would like to
do a mailing (example attached to request) to members of the association
announcing that certain legislators have, based on their voting record, received anaward. The mailing will be legislative district specific, so that only members who
reside in the district of a legislator(s) receiving an award will receive the mailing.

13. The political committee endorses candidates, and sends mailings to members
announcing endorsed candidates. The political committee has considered thesemailings campaign expenditures and reports them as such to the Board.

ISSUE ONEIf the association sends some or all of its members the example announcement of alegislator earning an award from the association, is the cost of the mailing a campaign
expenditure?
OPINION
In the example provided to the Board, members of the organization learn from themailing that a legislator has earned the award based on their voting record over the last
two years. The mailing goes on to extol the understanding the legislator has of the role of
the association in the Minnesota economy, and to explain that the legislator is a goodfriend of the association and a real supporter of the association.”
The award given to the legislator, the listing of the positive qualities of the legislator, andthat the mailing announcing the award is sent by district to members who can vote for thelegislator goes beyond merely announcing an informational scorecard of legislative
voting history. Using the example provided by the association, the Board concludes thatthe mailing would be a campaign expenditure that must be paid with political committee
funds.
The Board recognizes that many organizations wish to evaluate the voting record oflegislators against an ideal voting record as defined by the organization. Legislative“scorecards” that track and rank the voting records of legislators are assumed to be
educational in nature if presented as factual information to members of the organization,or to the general public at large. However, the inclusion of the legislative scorecard, or
any other educational information, does not make a mailing immune from classification
as a campaign expenditure if other material or statements in the mailing have the clear
purpose of influencing the nomination or election of a candidate.

ISSUE TWO
May an association send out letters, newsletters, or other publications to members only,
reporting on a lawmakers past voting performance as measured against the association’s
rating criteria, and not have it counted as a political committee expenditure?

OPINION
Providing a legislative scorecard that contains information on the voting record ofmembers of the legislator when compared to an ideal voting record as defined by an2

association is not necessarily a campaign expenditure. An association may have purposesthat are not campaign related to inform its membership of legislative voting records.
When the legislative scorecard is used as a tool, or part of an overall effort, to influence
the nomination or election of a candidate, it becomes a campaign expenditure as definedin Minn. Stat. 510A.01, subd. 9. Campaign expenditures must be made through aregistered political committee.

Issued@!Bb~+Campaign l?inance and Public Disclos e Board

Cited Statutes

10A.01 DEFINITIONS.

Subd. 9. Campaign expenditure. "Campaign expenditure" or "expenditure" means apurchase or payment of money or anything of value, or an advance of credit, made orincurred for the purpose of influencing the nomination or election of a candidate or forthe purpose of promoting or defeating a ballot question.
An expenditure is considered to be made in the year in which the candidate made thepurchase of goods or services or incurred an obligation to pay for goods or services.
An expenditure made for the purpose of defeating a candidate is considered made for thepurpose of influencing the nomination or election of that candidate or any opponent ofthat candidate.
Except as provided in clause (1), "expenditure" includes the dollar value of a donation inkind.
"Expenditure" does not include:(1) noncampaign disbursements as defined in subdivision 26;(2) services provided without compensation by an individual volunteering
personal time on behalf of a candidate, ballot question, political committee, politicalfund, principal campaign committee, or party unit; or(3) the publishing or broadcasting of news items or editorial comments by thenews media.

10A.071 CERTAIN GIFTS BY LOBBYISTS AND PRINCIPALS PROHIBITED.

Subdivision 1. Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Gift" means money, real or personal property, a service, a loan, a forbearance
or forgiveness of indebtedness, or a promise of future employment, that is given andreceived without the giver receiving consideration of equal or greater value in return.
(c) "Official" means a public official, an employee of the legislature, or a local
official of a metropolitan governmental unit.
Subd. 2. Prohibition. A lobbyist or principal may not give a gift or request another togive a gift to an official. An official may not accept a gift from a lobbyist or principal.
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Subd. 3. Exceptions.
(a) The prohibitions in this section do not apply if the gift is:(1) a contribution as defined in section 10A.01, subdivision 11;(2) services to assist an official in the performance of official duties,including but not limited to providing advice, consultation, information, andcommunication in connection with legislation, and services to constituents;(3) services of insignificant monetary value;(4) a plaque or similar memento recognizing individual services in a fieldof specialty or to a charitable cause;(5) a trinket or memento of insignificant value;(6) informational material of unexceptional value; or(7) food or a beverage given at a reception, meal, or meeting away fromthe recipient's place of work by an organization before whom the recipient appears tomake a speech or answer questions as part of a program.
(b) The prohibitions in this section do not apply if the gift is given:(1) because of the recipient's membership in a group, a majority of whose
members are not officials, and an equivalent gift is given to the other members of thegroup; or(2) by a lobbyist or principal who is a member of the family of therecipient, unless the gift is given on behalf of someone who is not a member of thatfamily.

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