23.0766.01000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1529
of North Dakota
Introduced by
Representatives Prichard, Bahl, Hoverson, J. Johnson, Koppelman, McLeod, Vetter
Senators Barta, Braunberger, Estenson, Magrum
1 A BILL for an Act to to create and enact a new section to chapter 16.1-08.1 of the North Dakota
2 Century Code, relating to statewide political party campaign finance disclosures; to amend and
3 reenact subsection 7 of section 16.1-08.1-01 and sections 16.1-08.1-02.3 and 16.1-08.1-02.4 of
4 the North Dakota Century Code, relating to reporting of expenditures for political purposes; to
5 provide a penalty; and to provide an appropriation.
6 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
7 SECTION 1. AMENDMENT. Subsection 7 of section 16.1-08.1-01 of the North Dakota
8 Century Code is amended and reenacted as follows:
9 7. "Expenditure categories" means the categories into which expenditures must be
10 grouped for reports under this chapter. The expenditure categories are:
11 a. Advertising;
12 b. Campaign loan repayment;
13 c. Contributions;
14 d. Operations;
15 d.e. Travel; and
16 e.f. Miscellaneous.
17 SECTION 2. AMENDMENT. Section 16.1-08.1-02.3 of the North Dakota Century Code is
18 amended and reenacted as follows:
19 16.1-08.1-02.3. Pre-election, supplemental, and year-end campaign disclosure
20 statement requirements for candidates, candidate committees, multicandidate
21 committees, and nonstatewide political parties.
22 1. Prior toBefore the thirty-first day before a primary, general, or special election, a
23 candidate or candidate committee formed on behalf of the candidate, a multicandidate
24 political committee, or a political party other than a statewide political party soliciting or
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1 accepting contributions shall file a campaign disclosure statement that includes all
2 contributions received from January first through the fortieth day before the election.
3 The statement also must include each aggregated expenditure over two hundred
4 dollars made in support of or in opposition to a candidate, political committee, or ballot
5 measure from January first through the fortieth day before the election. A candidate
6 whose name is not on the ballot and who is not seeking election through write-in
7 votes, the candidate's candidate committee, and a political party that has not endorsed
8 or nominated any candidate in the election is not required to file a statement under this
9 subsection. The statement may be submitted for filing beginning on the thirty-ninth day
10 before the election. The statement must include:
11 a. For each aggregated contribution from a contributor which totals in excess
12 ofmore than two hundred dollars received during the reporting period:
13 (1) The name and mailing address of the contributor;
14 (2) The total amount of the contribution; and
15 (3) The date the last contributed amount was received;
16 b. The total of all aggregated contributions from contributors which total in excess
17 ofmore than two hundred dollars during the reporting period;
18 c. The total of all contributions received from contributors that contributed two
19 hundred dollars or less each during the reporting period; and
20 d. For a statewide candidate, a candidate committee formed on behalf of a
21 statewide candidate, and a statewide multicandidate committee, the balance of
22 the campaign fund on the fortieth day before the election and the balance of the
23 campaign fund on January first; and
24 e. For each aggregated expenditure in support of or in opposition to a candidate,
25 political committee, or ballot measure which totals more than two hundred dollars
26 expended during the reporting period:
27 (1) The name of the candidate, political committee, or ballot measure the
28 expenditure was intended to support or oppose;
29 (2) The total amount of the expenditure;
30 (3) The date the last expenditure was made; and
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1 (4) Whether the expenditure was made in support of or in opposition to the
2 candidate, political committee, or ballot measure.
3 2. Beginning on the thirty-ninth day before the election through the day before the
4 election, a person that files a statement under subsection 1 must file a supplemental
5 statement within forty-eight hours of the start of the day following the receipt of a
6 contribution or aggregate contribution from a contributor which is in excess ofmore
7 than five hundred dollars or the making of an expenditure or aggregate expenditure in
8 support of or in opposition to a candidate, political committee, or ballot measure which
9 is more than five hundred dollars. The statement must include:
10 a. TheFor a contribution, the name and mailing address of the contributor or for an
11 expenditure, the name of the candidate, political committee, or ballot measure
12 the expenditure was intended to support or oppose;
13 b. The total amount of the contribution received or expenditure made during the
14 reporting period; and
15 c. TheFor the contribution, the date the last contributed amount was received, or for
16 an expenditure, the date the last expenditure was made; and
17 d. For an expenditure, whether the expenditure was made in support of or in
18 opposition to the candidate, political committee, or ballot measure.
19 3. Prior toBefore February first, a candidate or candidate committee, a multicandidate
20 political committee, or a nonstatewide political party soliciting or accepting
21 contributions shall file a campaign disclosure statement that includes all contributions
22 received and expenditures, by expenditure category, made from January first through
23 December thirty-first of the previous year. The statement may be submitted for filing
24 beginning on January first. The statement must include:
25 a. For a statewide candidate, a candidate committee formed on behalf of a
26 statewide candidate, and a statewide multicandidate committee, the balance of
27 the campaign fund on January first and on December thirty-first;
28 b. For each aggregated contribution from a contributor which totals in excess
29 ofmore than two hundred dollars received during the reporting period:
30 (1) The name and mailing address of the contributor;
31 (2) The total amount of the contribution; and
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1 (3) The date the last contributed amount was received;
2 c. The total of all aggregated contributions from contributors which total in excess
3 ofmore than two hundred dollars during the reporting period;
4 d. The total of all contributions received from contributors that contributed two
5 hundred dollars or less each during the reporting period; and
6 e. The total of all other expenditures made during the previous year, separated into
7 expenditure categories; and
8 f. For each aggregated expenditure in support of or in opposition to a candidate,
9 political committee, or ballot measure which totals more than two hundred dollars
10 expended during the reporting period:
11 (1) The name of the candidate, political committee, or ballot measure the
12 expenditure was intended to support or oppose;
13 (2) The total amount of the expenditure;
14 (3) The date the last expenditure was made; and
15 (4) Whether the expenditure was made in support of or in opposition to the
16 candidate, political committee, or ballot measure.
17 4. A person required to file a statement under this section, other than a candidate for
18 judicial office, county office, or city office, or a candidate committee for a candidate
19 exempted under this subsection, shall report each aggregated contribution from a
20 contributor which totals five thousand dollars or more during the reporting period. For
21 these contributions from individuals, the statement must include the contributor's
22 occupation, employer, and the employer's principal place of business.
23 5. A candidate for city office in a city with a population under five thousand and a
24 candidate committee for the candidate are exempt from this section.
25 6. A candidate for county office and a candidate committee for a candidate for county
26 office shall file statements under this chapter with the county auditor. A candidate for
27 city office who is required to file a statement under this chapter and a candidate
28 committee for such a candidate shall file statements with the city auditor. Any other
29 person required to file a statement under this section shall file the statement with the
30 secretary of state.
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1 7. The filing officer shall assess and collect fees for any reports filed after the filing
2 deadline.
3 8. To ensure accurate reporting and avoid commingling of campaign and personal funds,
4 candidates shall use dedicated campaign accounts that are separate from any
5 personal accounts.
6 SECTION 3. AMENDMENT. Section 16.1-08.1-02.4 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 16.1-08.1-02.4. Pre-election, supplemental, and year-end campaign disclosure
9 statement requirements for statewide political parties and certain political committees.
10 1. Prior toBefore the thirty-first day before a primary, general, or special election, a
11 statewide political party or a political committee not required to file statements under
12 section 16.1-08.1-02.3 which is soliciting or accepting contributions shall file a
13 campaign disclosure statement that includes all contributions received and
14 expenditures made from January first through the fortieth day before the election. A
15 political party that has not endorsed or nominated a candidate in an election is not
16 required to file a statement under this subsection. A statement required to be filed
17 under this subsection may be submitted for filing beginning on the thirty-ninth day
18 before the election. The statement must include:
19 a. For each aggregated contribution from a contributor which totals in excess
20 ofmore than two hundred dollars received during the reporting period:
21 (1) The name and mailing address of the contributor;
22 (2) The total amount of the contribution; and
23 (3) The date the last contributed amount was received;
24 b. The total of all aggregated contributions from contributors which total in excess
25 ofmore than two hundred dollars during the reporting period;
26 c. The total of all contributions received from contributors that contributed two
27 hundred dollars or less each during the reporting period;
28 d. For each recipient of an expenditure from campaign funds in excess ofmore than
29 two hundred dollars in the aggregate:
30 (1) The name and mailing address of the recipient;
31 (2) The total amount of the expenditure made to the recipient; and
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1 (3) The date the last expended amount was made to the recipient; and
2 (4) If the expenditure was made in support of or in opposition to a candidate,
3 ballot measure, or political committee, the name of the candidate, ballot
4 measure, or political committee, and whether the expenditure was made in
5 support of or in opposition to the candidate, ballot measure, or political
6 committee;
7 e. The aggregate total of all expenditures from campaign funds in excess ofmore
8 than two hundred dollars;
9 f. The aggregate total of all expenditures from campaign funds of two hundred
10 dollars or less; and
11 g. The balance of the campaign fund on the fortieth day before the election and
12 balance of the campaign fund on January first.
13 2. Beginning on the thirty-ninth day before the election through the day before the
14 election, a person that files a statement under subsection 1 must file a supplemental
15 statement within forty-eight hours of the start of the day following the receipt of a
16 contribution or aggregate contribution from a contributor which is in excess ofmore
17 than five hundred dollars or the making of an expenditure or aggregate expenditure in
18 support of or in opposition to a candidate, ballot measure, or political committee which
19 is more than five hundred dollars. The statement must include:
20 a. TheFor a contribution, the name and mailing address of the contributor, or for an
21 expenditure, the name of the candidate, ballot measure, or political committee
22 the expenditure was intended to support or oppose;
23 b. The total amount of the contribution received or expenditure made during the
24 reporting period; and
25 c. TheFor a contribution, the date the last contributed amount was received, or for
26 an expenditure, the date the last expenditure was made; and
27 d. For an expenditure, whether the expenditure was made in support of or in
28 opposition to the candidate, ballot measure, or political committee.
29 3. Prior toBefore February first, a statewide political party or a political committee that is
30 not required to file a statement under section 16.1-08.1-2.3 shall file a campaign
31 disclosure statement that includes all contributions received and expenditures made
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1 from January first through December thirty-first of the previous year. The statement
2 may be submitted for filing beginning on January first. The statement must include:
3 a. For each aggregated contribution from a contributor which totals in excess
4 ofmore than two hundred dollars received during the reporting period:
5 (1) The name and mailing address of the contributor;
6 (2) The total amount of the contribution; and
7 (3) The date the last contributed amount was received;
8 b. The total of all aggregated contributions from contributors which total in excess
9 ofmore than two hundred dollars during the reporting period;
10 c. The total of all contributions received from contributors that contributed two
11 hundred dollars or less each during the reporting period;
12 d. For each recipient of an expenditure from campaign funds in excess ofmore than
13 two hundred dollars in the aggregate:
14 (1) The name and mailing address of the recipient;
15 (2) The total amount of the expenditure made to the recipient; and
16 (3) The date the last expended amount was made to the recipient; and
17 (4) If the expenditure was made in support of or in opposition to a candidate,
18 ballot measure, or political committee, the name of the candidate, ballot
19 measure, or political committee and whether the expenditure was made in
20 support of or in opposition to the candidate, ballot measure, or political
21 committee;
22 e. The aggregate total of all expenditures from campaign funds in excess ofmore
23 than two hundred dollars; and
24 f. The aggregate total of all expenditures from campaign funds of two hundred
25 dollars or less; and
26 g. The balance of the campaign fund on January first and December thirty-first.
27 4. A person required to file a statement under this section shall disclose each aggregated
28 contribution from a contributor which totals five thousand dollars or more during the
29 reporting period. For these contributions from individuals, the statement must include
30 the contributor's oc