Bill
HB 1286
Would require reporting the ultimate source of funds for political advertising, increasing transparency and imposing new compliance obligations for entities financing ads.
Status: Introduced in the Sixty-ninth Legislative Assembly; Second reading — failed to pass (yeas 32, nays 53).
Purpose
- The bill would tighten disclosure rules for political spending in North Dakota by requiring reporting of the “ultimate and true source of funds” used for political advertisements and related political expenditures. It reorganizes and adds provisions to chapter 16.1 of the North Dakota Century Code addressing contributions, expenditures, and disclosure.
Key provisions (as described in the introduced draft)
- Create new statutory sections 16.1‑08.1‑09, 16.1‑08.1‑10, 16.1‑08.1‑11, and 16.1‑08.1‑12 to set out requirements for reporting the ultimate/true source of funds (new reporting duties and related definitions appear to be placed in these sections).
- Amend and reenact existing sections:
- 16.1‑08.1‑01 (definitions) — the bill updates and expands definitions used across the chapter (examples visible in the excerpt include definitions for “affiliate,” “association,” “conduit,” “contribution,” “covered person,” “expenditure,” and “independent expenditure”).
- 16.1‑10‑04.1 — (an existing provision related to political advertisements) would be amended to align advertisement disclosure rules with the new ultimate‑source reporting requirements.
- Repeal section 16.1‑08.1‑08 (the prior statutory language relating to identifying the ultimate and true source of funds), replacing it with the new reporting structure.
- Include a penalty for violations (the introduced text references a penalty but the specific sanction amount or range is not included in the excerpt provided).
Who would be affected
- Candidates and candidate committees.
- Political committees and political parties.
- “Covered persons” (the draft defines this to include any person who spends more than $200 in an election cycle on expenditures, with certain exceptions).
- Conduits, intermediaries, associations, affiliates, and third‑party entities that finance or facilitate political advertising.
- Media outlets and vendors that run political ads may be affected to the extent they must carry or verify required disclosures.
Procedural/timeline notes
- Introduced Nov 13, 2024.
- Second reading failed to pass (recorded vote: yeas 32, nays 53), so the bill did not advance in this session.
- The introduced draft is truncated in the supplied materials; several operative details (precise reporting mechanics, timelines for reports, recordkeeping requirements, enforcement authority, and the specific penalty) are not contained in the excerpt and would be needed for a full implementation analysis.
Implications (high level)
- Would increase transparency about who ultimately funds political advertising in North Dakota.
- Would impose new reporting and compliance obligations on entities that pay for or pass along funds for political advertising, and create enforcement exposure for noncompliance.
- The practical effect depends on the detailed reporting, verification, and penalty provisions not present in the excerpt.
Compiled from official sources — confirm details with the bill’s official record.
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