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HB 1141

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.

69th Legislative Assembly (2025-26) Introduced by Keith Boehm and 9 co-sponsors

HB 1141 would bar government property, services, and funds from political use, with penalties and potential personal liability for officials who violate the rule.

Second reading, failed to pass, yeas 39 nays 51
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WeVote Research Nonpartisan
Bill Summary · HB 1141

Summary — HB 1141 (North Dakota)

A bill to amend and reenact NDCC § 16.1‑10‑02 (use of public services or property for political purposes)

Purpose / Intent

HB 1141 would tighten and clarify prohibitions on using state or local government property, services, or public funds for political purposes. The bill aims to prevent government entities (and actors using government resources) from endorsing or opposing candidates or ballot measures and to create an enforcement pathway through the State Ethics Commission and prosecuting authorities.

Key provisions

  • Prohibition: A person may not use any property belonging to or leased by, or any service provided by (directly or by contract), the State or any agency/department/board/commission/political subdivision for any “political purpose.”
  • Definitions:
    • “Political purpose” is broadly defined to include activity supporting or opposing statewide or local ballot measures, constitutional measures, or the election/nomination of candidates. In the 30 days before a primary and 60 days before a general/special election it also covers use of a candidate’s name, office, district, “incumbent”/“challenger” terminology, or similar language in support/opposition of a candidate.
    • “Property” examples: motor vehicles, telephones, postage meters, funds, buildings — but the bill preserves the ability to use public buildings for required political meetings or lawful hires of public space.
    • “Services” includes use of employees during regular working hours when leave has not been taken.
    • “Public funds” includes tax, appropriation, fee, grant or other revenue used to pay dues/contributions to private organizations.
  • Restrictions on public funds: public entities may not use public funds to be members of, contribute to, or endorse a private organization that has endorsed a candidate or publicly supported/opposed a ballot measure within the prior ten years (language varied across versions).
  • Personal liability: An elected or appointed official may be held personally liable if the official acts outside the scope of official duties in violation of the section.
  • Enforcement and penalties:
    • Individuals may file complaints with the State Ethics Commission (authority referenced under NDCC ch. 54‑66).
    • The Ethics Commission may investigate and assess civil penalties up to $500 against an individual or private organization for violations.
    • If criminal conduct is alleged, the commission must refer the matter to the county state’s attorney. If the state’s attorney declines prosecution and the commission authorizes it, the Attorney General may prosecute; prosecution could be filed directly in the North Dakota Supreme Court exercising original jurisdiction.

Who would be affected

  • State agencies, departments, boards, commissions, and political subdivisions (counties, cities, etc.).
  • Public employees and officials (to the extent they use government property or services).
  • Private organizations that receive public funds or benefit from public support and that have engaged in endorsing candidates or ballot measures.
  • Candidates, political committees, and voters indirectly (through restrictions on government participation in political advocacy).

Procedural status and timeline

  • Introduced: November 12, 2024.
  • Committee activity: Reported and amended by the Industry, Business & Labor Committee (committee report / engrossed versions exist).
  • Second reading: Placed on second reading for amendment on February 12, 2025.
  • Outcome: Failed to pass on second reading (recorded yeas 39, nays 51). Legislative status entries also indicate it did not advance further and was not enacted.

Practical impact

If enacted, HB 1141 would (1) limit government entities’ ability to use property, services, and funds in ways that could influence elections or ballot measures; (2) create a modest civil enforcement penalty ($500) and a mechanism to escalate potential criminal allegations to prosecutors; and (3) expose individual officeholders to personal liability for out‑of‑scope political actions. The bill leaves some standard exceptions (news reporting, bona fide duties of office, permitted use of public buildings) but narrows permitted political activity by government actors.

Compiled from official sources — confirm details with the bill’s official record.

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