Minnesota Chamber of Commerce v. Choi

A provision to prohibit corporate political spending by foreign-influenced corporations in Minnesota elections is included in The Democracy for the People Act (HF3 and SF3), an omnibus democracy bill designed to strengthen voting rights, protect voters and the elections system, and modernize the campaign finance system. Drawing from earlier standalone bills (HF117 and SF288), this provision is meant to close a loophole created by the Supreme Court’s 2010 decision in Citizens United v. FEC. These bills passed on January 13, 2020.

In June 2023, the Minnesota Chamber of Commerce challenged the law in federal court, naming as defendants Ramsey County Attorney John Choi and the members of the state Campaign Finance and Public Disclosure Board.

Free Speech For People, on behalf of Clean Elections Minnesota, on August 25, 2023, filed court papers to intervene in a corporate lobby’s lawsuit seeking to block enforcement of Minnesota’s recently enacted ban on political spending by foreign-influenced corporations. The court declined to add new parties to the case but granted Clean Elections Minnesota permission to join as amicus curiae. In December 2023, Clean Elections Minnesota joined the state in defending the law and filed an amicus brief in opposition to the Chamber’s motion for preliminary injunction.

On December 20, the Minnesota federal district court granted the Minnesota Chamber of Commerce’s motion to temporarily block a groundbreaking 2023 law that prevents foreign-influenced corporate spending in Minnesota elections. The ruling, which is only temporary, will stop this important law from going into effect while the Minnesota Chamber of Commerce’s legal challenge is pending in court, but is not a final determination. Free Speech For People will continue to support Minnesota as it defends the law so that the state can protect its elections and preserve its democratic self-government.