The 2023 Legislature passed a suite of new laws that expanded who must register as a lobbyist, particularly in regards to lobbying local governments. (A description of those changes can be found here.) While the prior law only required registration and reporting if you were lobbying at the state level or within certain communities in seven county metro area, the 2023 legislation expanded the scope to include influencing the official action of any political subdivision in the state. In early 2024, the State Legislature postponed the implementation of the new local government lobbying requirements to June 1, 2025. The delay was intended to allow for time to address significant questions regarding implementation and potential unforeseen consequences, including the possibility of thousands of new lobbyist registrants who may not have previously considered themselves lobbyists. Although relatively minor changes were passed by the legislature this year (see below), the broad expansion passed in 2023 officially took effect as of June 1, 2025.

Key Changes in 2025

The State and Local Government and Elections Omnibus bill (S.F. 3045) was the last piece of legislation to pass in the 2025 Regular Session. Article 7 of the bill includes various changes and clarifications to the lobbyist registration laws. The effective date of these changes is June 1, 2025, which coincides with the expansion of local lobbying requirements. In order to further help the public, the Campaign Finance and Public Disclosure Board is required to create a new Lobbyist Handbook, written in plain language, by January 15, 2026.

Limiting Factors on Lobbyist Registration

One of the issues receiving significant concern following the 2023 changes related to at what point a person acting in their professional capacity to provide information to a governing body became a lobbyist for purposes of registration. To clarify the intent of the legislature, several changes were made, including:

  • Creating a definition for “expert witness,” and specifying that an expert witness is not considered a lobbyist when communicating with public or local officials if the communication occurs at a public meeting or is made available to the public. This exclusion does not apply if the expert witness is lobbying the Public Utilities Commission.
  • In the case of those working on a project funded through conduit financing, a finance professional subject to the Security Exchange Commission regulation who is working with a registered lobbyist and principal is not required to register as a lobbyist.
  • Despite not having to register with the Board as a lobbyist, the exemption only applies if the name, employer, and specific subject communicated by expert witnesses and finance professionals is reported to the Board by a designated lobbyist that they are working under the direction of.

More Definitions

The 2023 law notably used the terms “local official” (indicating a non-elected person) and “official action of a political subdivision” without providing clear definitions. Each of these are now more clearly defined to specify that they include people or actions that relate to:

  • The authority or ability to make major decisions regarding the expenditure or investment of public money,
  • The responsibility or ability to make recommendations to a chief executive or the governing body about major decisions regarding the expenditure or investment of public money, or
  • The authority to vote as a member of the governing body on major decisions regarding the expenditure or investment of public money.

Notably, even with these changes, individuals who appear before local elected bodies (including city councils) must consider whether such an appearance triggers lobbyist registration and reporting.

Not Lobbying: The statute is clear that submitting an application for a grant or responding to an RFP is not lobbying, nor are administrative or technical communications related to the same.

Additionally, a “major decision regarding the expenditure of public funds” includes:

  • Development and ratification of operating and capital budgets of a political subdivision,
  • Whether to apply for or accept state, federal, or private grant funding,
  • Selecting recipients for a grant, or
  • Tax abatement, tax increment financing, or expenditures on public infrastructure used to support private housing or business developments.

Not Lobbying: Collective bargaining of a labor contract and discussions regarding litigation between the party and the political subdivision are specifically excluded and do not trigger lobbyist registration requirements.

Contingent Fees Exceptions

Minnesota has long had a law prohibiting lobbyist compensation that is dependent upon the outcome of any action for which they are lobbying. The legislature included an exception to this prohibition for attorneys and finance professionals, to the extent that they are working on a project funded through conduit financing.

Other Campaign Finance and Elections Changes in 2025

Article 7 further outlines a new program for non-incumbent Secretaries of State-elect, State Auditors-elect, and Attorneys General-elect to access state funding for inaugural events and transition expenses. It also provides that additional inaugural and transition expenses may be paid through the candidate committees as non-campaign disbursements and requires that candidates not raise or spend for these purposes in any other committee or format.

Other changes include a new requirement for candidates who have signed spending limit agreements to promptly report large personal contributions, a clarification that candidates must file pre-primary and pre-general reports in the year they appear on the ballot, and new disclaimer requirements for unofficial mailings of sample ballots and absentee ballot requests.

Finally, Article 7 expands the definition of a proof of campaign finance violation claim to include any violation of chapters 211A and 211B.

If you have any questions about these changes or any other campaign finance or lobbying issues, please contact Winthrop & Weinstine’s experienced Campaign Finance and Lobbying Compliance teams.

July 1, 2025