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HB 1204

AN ACT to amend and reenact section 16.1-10-04 of the North Dakota Century Code, relating to the publication of false information in political advertisements; and to provide a penalty.

69th Legislative Assembly (2025-26) Introduced by Ty Dressler and 7 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.

Filed with Secretary Of State 04/11
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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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