Summary — HB 1583 (North Dakota)
Status: Introduced Dec. 11, 2024. Second reading — failed to pass (yeas 11, nays 36).
Purpose
- To tighten registration and disclosure rules for entities making independent political expenditures in North Dakota and to create a criminal penalty and civil remedy for knowingly or recklessly publishing false political advertisements.
Key provisions and changes
1. Definition
- Clarifies "independent expenditure" as an expenditure made to influence an election or measure without the express or implied consent, authorization, cooperation, or request of a candidate, committee, or political party (i.e., truly independent activity).
Registration (16.1‑08.1‑03.2)
- Political committees must register with the Secretary of State (name, mailing address, nongovernment email, telephone, agent information, and whether incorporated solely for liability protection).
- Candidates without a candidate committee must register similarly; agents of candidates must also be registered.
- Initial registration required within 15 business days of receipt of any contribution or expenditure.
- Ongoing annual registration required in years a candidate holds office or a committee receives contributions, makes expenditures, or retains a balance.
- Political committees organized and registered under federal law that make independent expenditures or disbursements over $200 to nonfederal candidates/committees/parties in ND may avoid full state committee registration if they follow the specific reporting rules in 16.1‑08.1‑03.7.
Federal-registered committees and supplemental disclosure (16.1‑08.1‑03.7)
- Such committees must file the portion of their federal reports that detail independent expenditures/disbursements with the Secretary of State at the time they file with the federal agency.
- Required report elements include committee name/treasurer, recipient name/address, date/amount, and the “ultimate and true source” of funds — listing contributors and subcontributors for amounts over $200.
- For corporations/LLCs/associations subject to this subsection, pre‑election filings are required:
- A campaign disclosure covering contributions and expenditures from Jan. 1 through the 40th day before the election (may be submitted beginning the 39th day before the election).
- That statement must disclose contributor/subcontributor identities for amounts over $1,000, aggregate totals, and detailed expenditure info (recipient, amount, dates, categories).
- From the 39th day before an election through the day before the election, persons who file such statements must file supplemental statements within 48 hours after receipt of contributions or aggregated expenditures (text truncated in source, but indicates accelerated near‑election reporting).
False political advertisements — criminal and civil remedies (16.1‑10‑04)
- Makes it a class A misdemeanor to knowingly, or with reckless disregard for truth, publish any political advertisement or news release containing untrue, deceptive, or misleading assertions of fact about candidates, measures, or ballot questions.
- Coverage includes many media forms (radio, TV, newspaper, text message, telephone call, pamphlet, signs, billboards, websites, electronic transmission, social media, etc.).
- Exempts newspapers, TV/radio stations, or other commercial media that are not the source/originator of the advertisement/news release.
- Provides a civil cause of action: a candidate who is the subject of such an advertisement may sue for civil damages and, if successful, may be awarded all costs and attorney’s fees incurred in the action.
Who would be affected
- Political committees, candidates, corporations/LLCs/associations that make independent expenditures or disbursements in ND.
- Donors and “sub‑contributors” whose identities must be disclosed when aggregated amounts exceed statutory thresholds ($200 for general contributor/subcontributor disclosure; $1,000 for certain corporate reporting).
- Persons or entities producing political advertising (including online and social media publishers).
- Media outlets that originate ads (not those merely carrying third‑party ads).
Procedural/timeline notes
- The bill advanced through engrossment and received Senate amendments in committee versions provided, but on second reading the measure failed to pass (yeas 11, nays 36). If reintroduced or amended, the specific reporting timeframes (15 business days, 40/39/31‑day election windows, 48‑hour supplemental filings) would be central compliance requirements.
Prepared from text of proposed North Dakota amendments to NDCC sections 16.1‑08.1‑01, 16.1‑08.1‑03.2, 16.1‑08.1‑03.7, and 16.1‑10‑04. Sponsors (ND version): Reps. Kasper, Henderson, Koppelman, Louser, S. Olson, Steiner; Sens. Magrum, Paulson, Weston.
