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HB 1204

An Act amending the act of June 1, 1945 (P.L.1242, No.428), known as the State Highway Law, in rural State highway system and State highways in cities, boroughs and towns, further providing for improvement, reconstruction and maintenance.

2025-2026 Regular Session Introduced by Bud Cook and 9 co-sponsors

HB 1204 makes knowingly false or misleading political ads or news releases a North Dakota class A misdemeanor across broad media, with intent or reckless disregard required.

Referred to Local Government
0
WeVote Research Nonpartisan
Bill Summary · HB 1204

HB 1204 — Publication of false information in political advertisements (NDCC §16.1‑10‑04)

Status: Filed with Secretary of State (4/11/2025)
Introduced: November 12, 2024

Purpose / Intent

To make it a criminal offense to publish false, deceptive, or misleading factual assertions in political advertising or news releases relating to candidates, ballot measures, or other election issues — across traditional and electronic media — when done knowingly or with reckless disregard for the truth.

Key provisions

  • Amends and reenacts North Dakota Century Code §16.1‑10‑04.
  • Creates a criminal prohibition: a person who knowingly, or with reckless disregard for its truth or falsity, publishes a political advertisement or news release containing an assertion, representation, or statement of fact that is untrue, deceptive, or misleading is guilty of a class A misdemeanor.
  • Covers communications made on behalf of or in opposition to any candidate for public office, initiated or referred measures, constitutional amendments, or any other ballot issue.
  • Lists covered media broadly, explicitly including (among others) radio, television, newspapers, pamphlets, signs and posters, billboard advertisements, websites, electronic transmissions, social media, text messages, and telephone calls.
  • Exemption: does not apply to a newspaper, television or radio station, or other commercial medium that is merely a distributor and is not the source of the political advertisement or news release.

Who would be affected

  • Campaigns, political committees, independent expenditure groups, consultants, advertisers, communications vendors, and individuals who originate or publish political ads or news releases.
  • Media outlets are exempt when they are not the source/creator of the ad or release, but originators of paid or coordinated material could be subject to prosecution.

Penalty

  • Violation is a class A misdemeanor under state law (criminal sanction). The statute as amended does not specify fines or jail terms in the text; sentencing would follow existing North Dakota misdemeanor sentencing provisions.

Procedural / timeline notes

  • Bill introduced Nov 12, 2024.
  • Committee action and amendments occurred during the 2025 session (committee reports and engrossed versions show expanded media examples such as text messages and telephone calls).
  • Legislative enrollment and chamber vote records in the bill file indicate passage through the legislative process and filing with the Secretary of State on April 11, 2025.

Practical considerations

  • The mens rea standard ("knowingly, or with reckless disregard") requires proof of intent or conscious disregard for truth, which could affect how prosecutions are pursued.
  • Criminalizing false statements in political contexts can raise legal and constitutional issues (e.g., First Amendment protections); those issues would likely shape enforcement and litigation if prosecutions occur.

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

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