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Subdivision 1.Bribery, advancing money, and treating prohibited.
A person who willfully, directly or indirectly, advances, pays, gives, promises, or lends any money, food, liquor, clothing, entertainment, or other thing of monetary value, or who offers, promises, or endeavors to obtain any money, position, appointment, employment, or other valuable consideration, to or for a person, in order to induce a voter to refrain from voting, or to vote in a particular way, at an election, is guilty of a felony. This section does not prevent a candidate from stating publicly preference for or support of another candidate to be voted for at the same primary or election. Refreshments of food or nonalcoholic beverages having a value up to $5 consumed on the premises at a private gathering or public meeting are not prohibited under this section.
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Subd. 2.Certain solicitations prohibited.
A person may not knowingly solicit, receive, or accept any money, property, or other thing of monetary value, or a promise or pledge of these that is a disbursement prohibited by this section or section 211B.15.
Notes of Decisions
Cited in
3
cases, 1995–2014 · leading case:
Yaggie v. Schmidt, 855 N.W.2d 769 (Minn. Ct. App. 2014).
Yaggie v. Schmidt, 855 N.W.2d 769 (Minn. Ct. App. 2014).
· cites it 24× “* Relators, owners of agricultural property in a school district, challenge in a certio-rari appeal the administrative law judge’s dismissal of their complaint against respondents, the school district’s board and superintendent, in which relators alleged that respondents…”
Michael Yaggie, Russell Henderson, Brent Torkelson, Robert Maack, Vernon Simmer, Robert Westfall, Shannon Maack, Jesse Stuehrenberg, David Emery, Mark Blaufuss, James Blaufuss & Gerald Nordick, Relators v. Superintendent Warren Schmidt & the Rothsay Sch. Bd. Members (ISD 850) (Minn. Ct. App. 2014).
· cites it 24× “SYLLABUS Minn. Stat. § 211B.13 (2012) (defining as a felony a person’s promise of anything of value to induce a voter to vote in a particular way) does not prohibit a school board * Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn.”
Op. Atty. Gen. 106e (Minn. Att'y Gen. 1995).
· cites it 2× “While we are aware of no Minnesota case directly on point, and there is a possibility that such an "offer" could be found to violate section 211B.13, it is our view that the weight of authority tips against such a determination We find a number of prior opinions of this office…”
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