SF4217

The moving party does not need to show that the actor intended to cause the victim to feel intimidated

Please read the PDF (Dropbox) for my comments and questions on SF 3469 and SF4217 (in the image) and send your thoughts or contacts to writer@hey.com.

There may not be issues with these bills, but if there are, I’d like to get ahead of it and work with legislators to amend them.

In particular, I’m raising questions about SF4217.

Subd. 8.

Criminal penalties; civil remedies.

(a) A person who violates this section is
guilty of a gross misdemeanor.

(b) The attorney general or an election official may bring a civil action to prevent or
restrain a violation of this section if there is a reasonable basis to believe that an individual or entity is committing or intends to commit a prohibited act. (emphasis added)

(c) The attorney general, or an election official injured by an act prohibited by this
section, may bring a civil action pursuant to section 8.31 to recover damages, together with costs of investigation and reasonable attorney fees, and receive other equitable relief as determined by the court. An action brought by an election official under section 8.31, subdivision 3a, is in the public interest. In addition to all other damages, the court may impose a civil penalty of up to $1,000 for each violation.

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Link to PDF: https://www.dropbox.com/s/bbjrrv16uvimgxs/intimidation_sf4217.pdf?dl=0