Bill Summary – FastDemocracy

0592.01000
     Sixty-ninth
     Legislative Assembly                     HOUSE BILL NO. 1141
     of North Dakota
     Introduced by
       Representatives Toman, Hendrix, Holle, D. Johnston, Rohr, Frelich, Morton
       Senators Boehm, Paulson, Magrum
  A BILL for an Act to amend and reenact section 16.1-10-02 of the North Dakota Century Code,
  relating to using public services or property for a political purpose.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 16.1-10-02 of the North Dakota Century Code is
  amended and reenacted as follows:
      16.1-10-02. Use of state or political subdivision services or property for political
  purposes - Ethics commission.
      1.    NoA person may not use any property belonging to or leased by, or any service which
            is provided to or carried on by, either directly or by contract, the state or any agency,
           department, bureau, board, commission, or political subdivision thereofof the state, for
           any political purpose.
     2.    The following definitions must be used for the purposes of this section:The state or
           any agency, department, bureau, board, commission, or political subdivision may not
           use public funds to be a member of, contribute to, or endorse a private organization
           that has endorsed a candidate or publicly supported or opposed a ballot measure
           within the ten years immediately preceding the date of the contemplated use of public
           funds.
     3.    An individual holding public office may be held personally liable for violations of this
           section if the individual is performing an action outside the scope of the individual's
           official duties as an officeholder.
     4.    An individual alleging a violation under this section may file a complaint with the ethics
           commission as authorized under section 54-66-05. The procedures outlined in
           chapter 54-66 apply to a complaint filed under this subsection.
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      5.   If the ethics commission believes a complaint contains allegations of criminal conduct,
           the commission shall refer the matter to the state's attorney of the county in which the
           alleged criminal conduct occurred.
      6.   Upon receiving a referral under subsection 5, the state's attorney shall prosecute the
           violation. If the state's attorney refuses to prosecute the action, the commission shall
           refer the matter to the attorney general for prosecution if authorized by a majority of
           commissioners of the commission. If the commission authorizes the attorney general
           to prosecute the action, the attorney general shall file the action with the supreme
           court. The supreme court shall exercise original jurisdiction and shall hear and rule on
          the case in the same manner as a criminal proceeding in a district court of this state.
     7.   As used in this section:
          a.   "Political purpose" means any activity undertaken in support of or in opposition to
               a statewide initiated or referred measure, a constitutional amendment or
               measure, a political subdivision ballot measure, or the election or nomination of a
               candidate to public office and includes using "vote for", "oppose", or any similar
               support or opposition language in any advertisement whether the activity is
               undertaken by a candidate, a political committee, a political party, or any person.
               In the period thirty days before a primary election and sixty days before a special
               or general election, "political purpose" also means any activity in which a
               candidate's name, office, district, or any term meaning the same as "incumbent"
               or "challenger" is used in support of or in opposition to the election or nomination
               of a candidate to public office. The term does not include activities undertaken in
               the performance of public office or a position taken in any bona fide news story,
               commentary, or editorial. Factual information may be presented regarding a ballot
               question solely for the purpose of educating voters if the information does not
               advocate for or against or otherwise reflect a position on the adoption or rejection
               of the ballot question.
          b.   "Property" includes motor vehicles, telephones, typewriters, adding machines,
               postage or postage meters, funds of money, and buildings. However, nothing in
               this section may be construed to prohibit any candidate, political party,
               committee, or organization from using any public building for such political
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               meetings as may be required by law, or to prohibit such candidate, party,
               committee, or organization from hiring the use of any public building for any
               political purpose if such lease or hiring is otherwise permitted by law.
          c.   "Services" includes the use of employees during regular working hours for which
               such employees have not taken annual or sick leave or other compensatory
               leave.
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Statutes affected: 
INTRODUCED: 16.1-10-02