relative to restricting the issuance of identification documents by unauthorized individuals.

2026 Regular Session Introduced by Glenn Bailey and 5 co-sponsors

ND HB 1226 bans wearing a mask to hide identity while gathering with others who are masked in public (except Halloween/masquerades); a Class A misdemeanor.

Inexpedient to Legislate, MA, VV === BILL KILLED ===; 05/07/2026; SJ 11

Main purpose

HB 1226 amends North Dakota Century Code § 12.1‑31‑15 to expand the circumstances in which wearing a mask (or hood or similar face‑covering device) in public is a criminal offense. The bill adds a new prohibition on wearing a mask to conceal one’s identity while “congregating in a public place” with others who are also masked.

Key provisions

Amends § 12.1‑31‑15 (Wearing of masks during commission of criminal offense prohibited).

Retains existing prohibitions on wearing a mask:

with intent to intimidate, threaten, abuse, or harass another person;
to evade discovery, recognition, or identification while committing a criminal offense;
to conceal identity for flight/escape after being charged, arrested, or convicted.

Adds new subsection (d): a person may not wear a mask (or hood or other device that hides any portion of the face)

with the intent to conceal identity while congregating in a public place with other masked individuals.

Provides an explicit exception: the new subsection (d) does not apply to public gatherings to celebrate Halloween, a masquerade, or similar celebrations.

Classifies a violation of the section as a class A misdemeanor.

Who is affected

Individual members of the public who wear masks in public settings, particularly where multiple people are masked (e.g., group demonstrations, protests, anonymous gatherings).

Law enforcement and prosecutors who would enforce the prohibition.

Event organizers and venues that host public gatherings may be indirectly affected.

The statute preserves exemptions for traditional costume events (Halloween, masquerades).

Procedural / timeline notes

Introduced (per materials): November 12, 2024.

Committee action(s) and amendments occurred during the 2025 session (committee reports dated Feb. 4 and Apr. 8, 2025).

Final enrolled bill reflects amendments made in committee and on the floor (language in earlier drafts that mentioned an explicit refusal to unmask at law‑enforcement request was removed in later amendments).

Status provided: Filed with the Secretary of State on April 23, 2025 (indicating final enactment steps were completed on or before that date).

Sponsors listed in bill materials include Representatives Klemin, Heinert, D. Johnston, Motschenbacher, Porter, Rohr and Senators Axtman, Cory, Larson, Paulson.

Potential impact and issues to watch

Expands criminal exposure beyond masks used during crimes to include group masking in public — this may affect political protests and anonymous assemblies.

May raise constitutional or civil‑liberties concerns (e.g., freedom of assembly, anonymous speech); such concerns could lead to legal challenges.

Enforcement discretion will shape real‑world impact; prosecutorial practices and law enforcement interpretation will determine when charges are brought.

The bill creates a new misdemeanor offense but the summary materials do not specify sentencing details beyond the “class A misdemeanor” classification.

If you want, I can:
- Pull the exact enrolled statutory text for § 12.1‑31‑15 and highlight the precise changes line‑by‑line.
- Prepare a short briefing on likely legal issues or recent court rulings on mask/anti‑mask laws.

Bill