WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
Except as provided in subdivision 2, if a candidateCandidate"Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties.Minn. Stat. § 609.771, subd. 1(b) is found guilty of violating this chapter or section 609.771 or an offense was committed by another individual with the knowledge, consent, or connivance of the candidateCandidate"Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties.Minn. Stat. § 609.771, subd. 1(b), the court, after entering the adjudication of guilty, shall enter a supplemental judgment declaring that the candidateCandidate"Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties.Minn. Stat. § 609.771, subd. 1(b) has forfeited the nomination or office. If the court enters the supplemental judgment, it shall transmit to the filing officer a transcript of the supplemental judgment, the nomination or office becomes vacant, and the vacancy must be filled as provided by law.
EFFECTIVE DATE This section is effective July 1, 2024, and applies to crimes committed on or after that date.
This section amends existing election-law forfeiture provisions to cross-reference the deep fake crime at § 609.771. Previously, forfeiture of nomination or office applied only to violations of Chapter 211B. The amendment extends the same consequence — mandatory supplemental judgment of forfeiture — to candidates found guilty of deep fake election offenses or whose agents committed such offenses with the candidate's knowledge, consent, or connivance.
A candidateCandidate"Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties.Minn. Stat. § 609.771, subd. 1(b) whose election to office has been set aside for a violation of this chapter or section 609.771 may not be appointed, during the period fixed by law as the term of the office, to fill a vacancy in that office. A candidateCandidate"Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties.Minn. Stat. § 609.771, subd. 1(b) or other individual who is convicted of a violation of this chapter or section 609.771 may not be appointed, during the period fixed by law as the term of the office with respect to which the election was held and the offense was committed, to fill a vacancy that may occur in the office. An appointment to an office made contrary to the provisions of this section is void. A candidateCandidate"Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties.Minn. Stat. § 609.771, subd. 1(b) or other individual who is convicted of a violation of this chapter or section 609.771 is not qualified, during the period fixed by law as the term of the office with respect to which the election was held and the offense was committed, to fill a vacancy in an office for which the legislature may establish qualifications under article XII, section 3, of the Minnesota Constitution.
EFFECTIVE DATE This section is effective July 1, 2024, and applies to crimes committed on or after that date.
This section extends existing disqualification-from-office provisions to persons convicted of the deep fake election crime at § 609.771. Three separate disqualification consequences flow from a conviction: the candidate may not be appointed to fill a vacancy in the office involved during the term; the candidate may not fill any vacancy that arises during that term; and the candidate is not qualified to fill a vacancy in any office for which the legislature may establish qualifications under the Minnesota Constitution.
(a) As used in this section, the following terms have the meanings given.
(b) "CandidateCandidate"Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties.Minn. Stat. § 609.771, subd. 1(b)" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties.
(c) "Deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) that is so realistic that a reasonable person would: (i) believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct; or (ii) have a fundamentally and materially different understanding of the substance or meaning of the content of the speech or conduct compared to the unaltered, original version; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 609.771, subd. 1(c)" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) that is so realistic that a reasonable person would: (i) believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct; or (ii) have a fundamentally and materially different understanding of the substance or meaning of the content of the speech or conduct compared to the unaltered, original version; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.
(d) "Depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 609.771, subd. 1(d)" means an individual in a deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) that is so realistic that a reasonable person would: (i) believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct; or (ii) have a fundamentally and materially different understanding of the substance or meaning of the content of the speech or conduct compared to the unaltered, original version; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 609.771, subd. 1(c) who appears to be engaging in speech or conduct in which the individual did not engage.
EFFECTIVE DATE This section is effective July 1, 2024, and applies to crimes committed on or after that date.
This subdivision sets out the definitions that govern the deep fake election crime. The key amendment broadens the definition of deep fake to cover not only content that a reasonable person would believe depicts speech or conduct that did not occur, but also content that would cause a reasonable person to have a fundamentally and materially different understanding of the substance or meaning of the original speech or conduct. This expansion captures manipulated media that distorts rather than fabricates — for example, selectively edited or AI-altered recordings that change the perceived meaning of authentic statements.
1 A person who disseminates a deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) that is so realistic that a reasonable person would: (i) believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct; or (ii) have a fundamentally and materially different understanding of the substance or meaning of the content of the speech or conduct compared to the unaltered, original version; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 609.771, subd. 1(c) or enters into a contract or other agreement to disseminate a deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) that is so realistic that a reasonable person would: (i) believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct; or (ii) have a fundamentally and materially different understanding of the substance or meaning of the content of the speech or conduct compared to the unaltered, original version; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 609.771, subd. 1(c) is guilty of a crime and may be sentenced as provided in subdivision 3 if the person knows or reasonably should know that the item being disseminated is a deep fakeDeep fake"Deep fake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: (1) that is so realistic that a reasonable person would: (i) believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct; or (ii) have a fundamentally and materially different understanding of the substance or meaning of the content of the speech or conduct compared to the unaltered, original version; and (2) the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.Minn. Stat. § 609.771, subd. 1(c) and dissemination: (1) takes place within 90 days before a political party nominating convention, presidential nomination primary, state primary, local primary, special primary, special election, or general election; (2) is made without the consent of the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 609.771, subd. 1(d); and (3) is made with the intent to injure a candidateCandidate"Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties.Minn. Stat. § 609.771, subd. 1(b) or influence the result of an election.
EFFECTIVE DATE This section is effective July 1, 2024, and applies to crimes committed on or after that date.
This subdivision establishes the core criminal prohibition. A person who disseminates — or contracts to disseminate — a deep fake commits a crime when the person knows or reasonably should know the item is a deep fake and the dissemination meets three conditions: it occurs within 90 days before a covered election, it is made without the consent of the depicted individual, and it is made with intent to injure a candidate or influence an election result.
The amendment expands the election-window trigger from the prior law's reference to "an election" to an enumerated list covering political party nominating conventions, presidential nomination primaries, state primaries, local primaries, special primaries, special elections, and general elections — significantly broadening the temporal and contextual scope of the prohibition.
(a) A person convicted of violating subdivision 2 may be sentenced as follows: (1) if the person commits the violation within five years of one or more prior convictions under this section, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; (2) if the person commits the violation with the intent to cause violence or bodily harm, to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both; or (3) in other cases, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
(b) In the case of a candidateCandidate"Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties.Minn. Stat. § 609.771, subd. 1(b) for state or local office convicted of violating subdivision 2, the court must enter a supplemental judgment declaring that the candidateCandidate"Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties.Minn. Stat. § 609.771, subd. 1(b) has forfeited the nomination or office in accordance with section 211B.17.
(c) A candidateCandidate"Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties.Minn. Stat. § 609.771, subd. 1(b) for state or local office or other individual convicted of violating subdivision 2 is disqualified from being appointed to that office or any other office for which the legislature may establish qualifications under the Minnesota Constitution, article XII, section 3, in accordance with section 211B.18.
EFFECTIVE DATE This section is effective July 1, 2024, and applies to crimes committed on or after that date.
This subdivision sets the penalty structure for the deep fake election crime and adds two new consequences for convicted candidates. Penalties are tiered: repeat offenders within five years face up to five years imprisonment and/or a $10,000 fine; offenders acting with intent to cause violence or bodily harm face up to 364 days and/or $3,000; and all other cases carry up to 90 days and/or $1,000.
New subsections (b) and (c) impose election-specific consequences: a convicted candidate for state or local office must have a supplemental judgment of forfeiture entered under § 211B.17, and is disqualified from appointment to the office or any office for which the legislature may establish qualifications under the Minnesota Constitution.
A cause of action for injunctive or equitable relief may be maintained against any person who is reasonably believed to be about to violate or who is in the course of violating this section by: (1) the attorney general; (2) a county attorney or city attorney; (3) the depicted individualDepicted individual"Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage.Minn. Stat. § 609.771, subd. 1(d); or (4) a candidateCandidate"Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties.Minn. Stat. § 609.771, subd. 1(b) for nomination or election to a public office who is injured or likely to be injured by dissemination.
EFFECTIVE DATE This section is effective July 1, 2024, and applies to acts committed on or after that date.
This subdivision establishes standing for injunctive and equitable relief actions against persons reasonably believed to be about to violate, or currently violating, the deep fake election crime. Standing extends to the attorney general, county and city attorneys, the depicted individual, and any candidate for public office who is injured or likely to be injured by the dissemination. The inclusion of the depicted individual and injured candidates constitutes a limited private right of action for equitable relief, though no monetary damages are authorized under this subdivision.
If any one or more provision, subdivision, sentence, clause, phrase, or word of this section or the application of it to any person or circumstance is found to be unconstitutional, it is declared to be severable and the balance of this section shall remain effective notwithstanding that unconstitutionality. The legislature intends that it would have passed this section, and each provision, subdivision, sentence, clause, phrase, or word, regardless of the fact that any one provision, subdivision, sentence, clause, phrase, or word is declared unconstitutional.
EFFECTIVE DATE This section is effective July 1, 2024.
This new subdivision adds a severability clause to the deep fake election crime statute. If any provision is found unconstitutional, the remainder survives. The inclusion of an express severability clause signals legislative awareness that the statute's regulation of political speech may face First Amendment challenges.