2012 North Dakota Century Code Title 16.1 Elections Chapter 16.1-08.1 Campaign Contribution Statements
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CHAPTER 16.1-08.1
CAMPAIGN CONTRIBUTION STATEMENTS
16.1-08.1-01. Definitions.
As used in this chapter, unless the context otherwise requires:
1. "Association" means any club, association, union, brotherhood, fraternity, organization,
or group of any kind of two or more persons, including labor unions, trade
associations, professional associations, or governmental associations, which is united
for any purpose, business, or object and which assesses any dues, membership fees,
or license fees in any amount, or which maintains a treasury fund in any amount. The
term does not include corporations, cooperative corporations, limited liability
companies, political committees, or political parties.
2. "Candidate" means an individual who seeks nomination for election or election to
public office, and includes:
a. A person holding public office;
b. A person who has publicly declared that person's candidacy for nomination for
election or election to public office or has filed or accepted a nomination for public
office;
c. A person who has formed a campaign or other committee for that person's
candidacy for public office;
d. A person who has circulated a nominating petition to have that person's name
placed on the ballot; and
e. A person who has, in any manner, solicited or received a contribution for that
person's candidacy for public office, whether before or after the election for that
office.
3. "Contribution" means a gift, transfer, conveyance, provision, receipt, subscription, loan,
advance, deposit of money, or anything of value, made for the purpose of influencing
the nomination for election, or election, of any person to public office or aiding or
opposing the circulation or passage of a statewide initiative or referendum petition or
measure. The term also means a contract, promise, or agreement, express or implied,
whether or not legally enforceable, to make a contribution for any of the above
purposes. The term includes funds received by a candidate for public office or a
political party or committee which are transferred or signed over to that candidate,
party, or committee from another candidate, party, or political committee or other
source. The term "anything of value" includes any good or service of more than a
nominal value. The term "nominal value" means the cost, price, or worth of the good or
service is trivial, token, or of no appreciable value. The term "contribution" does not
include:
a. A loan of money from a bank or other lending institution made in the regular
course of business.
b. Time spent by volunteer campaign or political party workers.
c. Money spent by a candidate on the candidate's own behalf.
d. Money or anything of value received for commercial transactions, including rents,
advertising, or sponsorships made as a part of a fair market value bargained-for
exchange.
e. Money or anything of value received by a candidate in that person's personal
capacity, including pursuant to a contract or agreement made for personal or
private employment purposes, and not received for a political purpose or to
influence the performance of that person's official duty.
f. Contributions of products or services for which the actual cost or fair market value
are reimbursed by a payment of money.
4. "Cooperative corporations", "corporations", and "limited liability companies" are as
defined in this code, and for purposes of this chapter "corporations" includes nonprofit
corporations.
5. "Direct expenditure" means an expenditure made by a corporation, cooperative
corporation, limited liability company, or association for the specific purpose of
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promoting passage or defeat of an initiated or referred measure without the express or
implied consent, authorization, or cooperation of, and not in concert with or at the
request or suggestion of a measure committee.
"Expenditure" means a gift, transfer, conveyance, provision, loan, advance, payment,
distribution, disbursement, outlay, or deposit of money or anything of value, except a
loan of money from a bank or other lending institution made in the regular course of
business, made for the direct purpose of influencing the passage or defeat of a
measure or the nomination for election, or election, of any individual to office. The term
also means a contract, promise, or agreement, express or implied, whether or not
legally enforceable, to make any expenditure and includes the transfer of funds by a
political committee to another political committee.
"Patron" means a person who owns equity interest in the form of stock, shares, or
membership or maintains similar financial rights in a cooperative corporation.
"Person" means an individual, partnership, political committee, association,
corporation, cooperative corporation, limited liability company, or other organization or
group of persons.
"Political committee" means any committee, club, association, or other group of
persons which receives contributions or makes expenditures for political purposes and
includes the following:
a. A political action committee, derived from a corporation, cooperative corporation,
limited liability company, or an association that is prohibited from making direct
contributions for political purposes under section 16.1-08.1-03.3, and which
solicits or receives contributions or makes expenditures for political purposes;
b. A candidate committee, established to support an individual candidate seeking
statewide office, that solicits or receives contributions for political purposes;
c. An organization governed by section 527 of the Internal Revenue Code
[26 U.S.C. 527], which solicits or receives contributions or makes expenditures
for political purposes;
d. A multicandidate political committee, established to support multiple groups or
slates of candidates seeking public office, that solicits or receives contributions
for political purposes; and
e. A measure committee that solicits or receives contributions for the purpose of
aiding or opposing a measure to be voted upon by the voters of the state.
"Political party" means any association, committee, or organization which nominates a
candidate for election to any office which may be filled by a vote of the electors of this
state or any of its political subdivisions and whose name appears on the election ballot
as the candidate of such association, committee, or organization.
"Political purpose" means any activity undertaken in support of or in opposition to the
election or nomination of a candidate to public office and includes using "vote for",
"oppose", or any similar support or opposition language in any advertisement whether
the activity is undertaken by a candidate, a political committee, a political party, or any
person. In the period thirty days before a primary election and sixty days before a
special or general election, "political purpose" also means any activity in which a
candidate's name, office, district, or any term meaning the same as "incumbent" or
"challenger" is used in support of or in opposition to the election or nomination of a
candidate to public office. The term does not include activities undertaken in the
performance of a duty of a state office or any position taken in any bona fide news
story, commentary, or editorial.
"Public office" means every office to which persons can be elected by vote of the
people under the laws of this state.
16.1-08.1-02. Contributions statement required of candidate committees, candidates,
and candidates for legislative office.
1. Any candidate committee, as described in section 16.1-08.1-01, or candidate for
statewide office who does not have a candidate committee, and any candidate for
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legislative office soliciting or accepting contributions for any political purpose shall
make and file a statement in accordance with this section.
The candidate committee, or candidate for statewide office who does not have a
candidate committee, and any candidate for legislative office shall include in the
statement the name and mailing address of all contributors who contributed in excess
of two hundred dollars in the aggregate during the reporting period to the candidate
committee, or candidate for statewide office who does not have a candidate
committee, and any candidate for legislative office, the aggregated amount of the
reportable contributions from each contributor and the date the last reportable
contribution from each contributor was received.
The candidate committee, or candidate for statewide office who does not have a
candidate committee, and any candidate for legislative office shall file the statement in
the office of the secretary of state no later than the twelfth day before the date of the
election in which the candidate's name appears on the ballot or in which the candidate
seeks election through write-in votes complete from the beginning of that calendar
year through the twentieth day before the date of the election. Every candidate
committee, or candidate for statewide office who does not have a candidate
committee, and every candidate for legislative office shall file a complete statement for
each calendar year no later than the thirty-first day of January of the following year,
regardless of whether the candidate sought election during that calendar year.
Even if the candidate committee, or candidate for statewide office who does not have a
candidate committee, or the candidate for legislative office has not received any
contributions in excess of two hundred dollars during the reporting period, the
candidate committee, or candidate for statewide office who does not have a candidate
committee, or the candidate for legislative office shall file a statement as required by
this chapter. A statement filed according to this section by a candidate committee or
candidate for statewide office who does not have a candidate committee during the
reporting period must show the following:
a. The gross total of all contributions received in excess of two hundred dollars;
b. The gross total of all contributions received of two hundred dollars, or less; and
c. The cash on hand in the filer's account at the start and close of the reporting
period.
A candidate committee, or candidate for statewide office who does not have a
candidate committee, and any candidate for legislative office shall report the
occupation, employer, and principal place of business of each person, or the political
committee if not already registered according to state or federal law, who contributed
five thousand dollars or more in the aggregate during the reporting period.
16.1-08.1-02.1. State political party convention revenue and expense statement
required.
1. State political parties shall establish separate and segregated accounts for the
management of state nominating conventions. All revenue obtained and expenditures
made for the planning and running of a state convention must be accounted for in
these accounts.
2. A postconvention statement must be filed with the secretary of state sixty days after
the close of the state nominating convention. The reporting period for the
postconvention statement begins on the first day of January of the reporting year and
ends thirty days after the close of the state nominating convention.
3. A year-end statement covering the entire calendar year must be filed with the
secretary of state no later than the thirty-first day of January of the following year even
if no convention revenue was received or expenditures made within the calendar year.
4. The statement filed according to this section must show the following:
a. The cash on hand in the filer's convention accounts at the start and close of the
reporting period;
b. The gross total of all revenue received and expenditures made of two hundred
dollars, or less;
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The gross total of all revenue received and expenditures made in excess of two
hundred dollars;
d. The aggregated totals of all revenue received from a single person or entity in
excess of two hundred dollars, the name of each person or entity, the mailing
address of each person or entity, the date of the most recent receipt of revenue
from each person or entity, and the purpose or purposes for which the
aggregated revenue total was received from each person or entity;
e. The aggregated totals of all expenditures made to a single person or entity in
excess of two hundred dollars, the name of each person or entity, the mailing
address of each person or entity, the date of the most recent expense made to
each person or entity, and the purpose or purposes for which the aggregated
expenditure total was disbursed to each person or entity; and
f. A political party shall report the occupation, employer, and principal place of
business of each person from whom five thousand dollars or more of revenue
was received in the aggregate during the reporting period.
For the purposes of this section, the term entity is defined as any group consisting of
or representing more than one person.
If a net gain from the convention is transferred to the accounts established for the
support of the nomination or election of candidates, the total transferred must be
reported as a contribution in the statements required by section 16.1-08.1-03.
If a net loss from the convention is covered by a transfer from the accounts
established for the support of the nomination or election of candidates, the total
transferred must be reported as an expenditure in the statements required by section
16.1-08.1-03.
16.1-08.1-03. Contributions statement required of political parties.
1. Any political party that receives contributions in excess of two hundred dollars in the
aggregate during the reporting period shall file a statement containing the aggregated
total of all contributions received from a person or political committee which exceed
two hundred dollars in amount. The statement must include the name and mailing
address of all contributors listed. For each contributor listed, the statement must
include the aggregated amount of the reportable contributions and the date the last
reportable contribution was received. For a state political party, the statement must
include a list of the name and mailing address of each recipient of an expenditure
exceeding two hundred dollars in the aggregate. For each expenditure recipient listed,
the list must include the aggregated amount of the reportable expenditures and the
date the last expenditure was made.
2. A year-end statement covering the entire calendar year must be filed with the
secretary of state no later than the thirty-first day of January of the following year. A
preelection statement must be filed no later than the twelfth day before any election at
which the party has endorsed or will nominate a candidate and must be complete from
the beginning of that calendar year through the twentieth day before the election.
3. Even if the political party has not received any contributions in excess of two hundred
dollars during the reporting period, the political party shall file a statement as required
by this chapter. A statement filed by a state political party according to this section
during the reporting period must show the following:
a. The gross total of all contributions received and expenditures made in excess of
two hundred dollars;
b. The gross total of all contributions received and expenditures made of two
hundred dollars, or less; and
c. The cash on hand in the filer's account at the start and close of the reporting
period.
4. A political party shall report the occupation, employer, and principal place of business
of each person, or the political committee if not already registered according to state or
federal law, who contributed five thousand dollars or more in the aggregate during the
reporting period.
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16.1-08.1-03.1. Contributions statement required of persons and measure committees
circulating or promoting passage or defeat of initiated or referred measure.
1. At the time the sponsoring committee for an initiated measure petition submits signed
petitions to the secretary of state, the committee also shall submit a statement
disclosing the total amount of contributions received by the committee to aid the
committee in drafting and circulating the petition, the name and mailing address of
each person that contributed more than one hundred dollars in the aggregate to the
sponsoring committee, the date each such contribution was received, and the total
amount of expenditures made by the committee to aid in the drafting and circulation of
the petition.
2. Any person or measure committee, as described in section 16.1-08.1-01, that is
soliciting or accepting a contribution for the purpose of aiding or opposing the
circulation or passage of a statewide initiative or referendum petition or measure
placed upon a statewide ballot by action of the legislative assembly at any election
shall file a statement in accordance with this subsection if the person has received any
contribution in excess of one hundred dollars. The statement must include the name
and mailing address of each person that contributed in excess of one hundred dollars
to the person, the amount of each reportable contribution, and the date each
reportable contribution was received. The statement must include the name and
mailing address of each recipient of an expenditure exceeding one hundred dollars in
the aggregate, the amount of each reportable expenditure, and the date the
expenditure was made.
3. A person or measure committee that is soliciting or accepting a contribution for the
purpose of aiding or opposing the circulation or passage of a statewide initiative or
referendum petition or measure placed upon a statewide ballot by action of the
legislative assembly may not accept a contribution of more than one hundred dollars
from an out-of-state person or political committee unless the contribution is
accompanied by a certified statement from the contributor listing the name, address,
and amount contributed by each person that contributed more than one hundred
dollars of the contribution. The statement must indicate if no person contributed in
excess of one hundred dollars of the out-of-state person's or political committee's
overall contribution. The certified statement must also list the occupation, employer,
and principal place of business for each individual who contributed more than one
hundred dollars of the contribution. The person soliciting or accepting a contribution for
the purpose of aiding the circulation of a statewide initiative or referendum petition or
of promoting passage or defeat of a statewide initiated or referred measure shall
include this statement with the contribution statement required to be filed under
subsection 2.
4. The statement required of a person or measure committee under subsection 2 must
be filed with the secretary of state no later than the twelfth day before the date of the
election in which the measure appears or would have appeared on the ballot complete
from the beginning of that calendar year through the twentieth day before the date of
the election. A complete statement for the entire calendar year for each statement
required to be filed under subsections 2 and 3 must be filed no later than the thirty-first
day of January of the following year. Even if a person required to report according to
this section has not received any contributions in excess of one hundred dollars during
the reporting period, the person shall file a statement as required by this chapter. A
statement filed according to subsections 2 and 3 during the reporting period must
show the following:
a. The gross total of all contributions received and expenditures made in excess of
one hundred dollars;
b. The gross total of all contributions received and expenditures made of one
hundred dollars, or less; and
c. The cash on hand in the filer's account at the start and close of the reporting
period.
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16.1-08.1-03.2. Political committee registration.
A statewide candidate or political committee as defined in section 16.1-08.1-01 shall register
its name, address, and its agent's name and address with the secretary of state each calendar
year in which it receives any contribution. The registration must be completed within fifteen
business days of the receipt of any contribution or expenditure made and must be submitted
with a registration fee of twenty-five dollars. A political committee that organizes and registers
according to federal law and makes a disbursement in excess of two hundred dollars to a
nonfederal candidate seeking public office, a political party, or political committee in this state is
not required to register as a political committee according to this section if the political
committee reports according to section 16.1-08.1-03.7. Registration under this section does not
reserve the name for exclusive use nor does it constitute registration of a trade name under
chapter 47-25.
16.1-08.1-03.3. Campaign contributions by corporations, cooperative corporations,
limited liability companies, and associations prohibited - Violation - Penalty - Political
action committees authorized.
1. A corporation, cooperative corporation, limited liability company, or association may
not make a direct contribution:
a. To aid any political party, political committee, or organization except that a direct
contribution may be made to a measure committee as provided in section
16.1-08.1-03.5.
b. To aid any corporation, limited liability company, or association organized or
maintained for political purposes as defined in this chapter.
c. To aid any candidate for public office or for nomination to public office.
d. For any political purpose or the reimbursement or indemnification of any person
for money or property so used.
e. For the influencing of any measure before the legislative assembly, except in
accordance with chapter 54-05.1.
2. This section does not prohibit the establishment, administration, and solicitation of
contributions to a separate and segregated fund to be utilized for political purposes by
a corporation, cooperative corporation, limited liability company, or association. It is
unlawful for:
a. The person or persons controlling the fund to make contributions or expenditures
utilizing money or anything of value secured by physical force, job discrimination,
financial reprisals, or the threat of them; or utilize money from dues, fees,
treasury funds, or other money required as a condition of membership in an
association, or as a condition of employment; or utilize money obtained in any
commercial transaction. Moneys from fees, dues, treasury funds, or money
obtained in a commercial transaction may, however, be used to pay costs of
administration of the fund.
b. Any person soliciting an employee, stockholder, patron, or member for a
contribution to the fund to fail to inform the employee or member of the political
purposes of the fund at the time of the solicitation or of the general political
philosophy intended to be advanced through committee activities.
c. Any person soliciting an employee or member for a contribution to the fund to fail
to inform the employee or member at the time of the solicitation of the right to
refuse to contribute without any reprisal.
d. Any contribution to be accepted without keeping an accurate record of the
contributor and amount contributed and of amounts expended for political
purposes.
e. Any contribution to be accepted from any person who is not an employee,
stockholder, patron, or member of the corporation, cooperative corporation,
limited liability company, or association maintaining the political action committee.
f. Any expenditure made for political purposes to be reported under this section
before control of the expenditure has been released by the political action
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committee except if there is a contract, promise, or agreement, expressed or
implied, to make such expenditure.
All political action committees, as described in section 16.1-08.1-01, formed for the
purpose of administering the segregated fund provided for in this section shall file a
statement showing the name and mailing address of each contributor of an amount in
excess of two hundred dollars in the aggregate for the reporting period and a listing of
all expenditures of an amount in excess of two hundred dollars in the aggregate made
for political purposes with the secretary of state. The statement must include the
amount of each reportable contribution and the date it was received and the amount of
each reportable expenditure and the date it was made. A year-end statement covering
the entire calendar year must be filed no later than the thirty-first day of January of the
following year. A preelection statement must be filed no later than the twelfth day
before any primary, special, or general election and must be complete from the
beginning of the calendar year through the twentieth day before the election. Even if a
political action committee has not received any contributions or made any
expenditures in excess of two hundred dollars during the reporting period, the political
action committee shall file a statement as required by this chapter. A statement filed
according to this section during the reporting period must show the following:
a. The gross total of all contributions received and expenditures made in excess of
two hundred dollars;
b. The gross total of all contributions received and expenditures made of two
hundred dollars, or less; and
c. The cash on hand in the filer's account at the start and close of the reporting
period.
A political action committee shall report the occupation, employer, and principal place
of business of each person, or the political committee if not already registered
according to state or federal law, who contributed five thousand dollars or more in the
aggregate during the reporting period.
A person may not make a payment of that person's money or of another person's
money to any other person for a political purpose in any name other than that of the
person who supplies the money and a person may not knowingly receive the payment
nor enter nor cause the payment to be entered in that person's account or record in
any name other than that of the person by whom it actually was furnished.
If an officer, employee, agent, attorney, or other representative of a corporation,
cooperative corporation, limited liability company, or association makes any
contribution prohibited by this section out of corporate, cooperative corporation, limited
liability company, or association funds or otherwise violates this section, it is prima
facie evidence of a violation by the corporation, cooperative corporation, limited liability
company, or association.
A violation of this section may be prosecuted in the county where the contribution is
made or in any county in which it has been paid or distributed.
It is a class A misdemeanor for an officer, director, stockholder, manager, governor,
member, attorney, agent, or representative of any corporation, cooperative
corporation, limited liability company, or association to violate this section or to counsel
or consent to any violation. Any person who solicits or knowingly receives any
contribution in violation of this section is guilty of a class A misdemeanor.
Any officer, director, stockholder, manager, governor, member, attorney, agent, or
representative who makes, counsels, or consents to the making of a contribution in
violation of this section is liable to the company, corporation, limited liability company,
or association for the amount so contributed.
16.1-08.1-03.4. Person not excused from testifying as to violation - Prosecution or
penalty waived upon testifying.
No person may be excused from attending and testifying or producing any books, papers,
or other documents before any court upon any investigation, proceeding, or trial for a violation of
any of the provisions of this chapter, upon the grounds that the testimony or evidence,
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documentary or otherwise, required of the person may tend to incriminate or degrade the
person. No person may be prosecuted nor subjected to any penalty or forfeiture for or on
account of any transaction, matter, or thing concerning which the person may testify or produce
evidence, documentary or otherwise, and no testimony so given or produced may be used
against the person in any criminal investigation or proceeding.
16.1-08.1-03.5. Allowable corporate contributions and expenditures - Report required.
1. Corporations, cooperative corporations, limited liability companies, and associations
may make contributions to a measure committee, as described in section
16.1-08.1-01, for the purpose of promoting passage or defeat of initiated or referred
measures. Corporations, cooperative corporations, limited liability companies, and
associations may make expenditures and contributions for promoting any general
political philosophy or belief deemed in the best interest of the employees,
stockholders, patrons, or members of the corporation, cooperative corporation, limited
liability company, or association other than a "political purpose" as defined by this
chapter.
2. A corporation, cooperative corporation, limited liability company, or association may
make a donation of property or money to a state political party or nonprofit entity
affiliated with or under the control of a state political party for deposit in a separate and
segregated fund. Money in the fund must be used exclusively by the state political
party or nonprofit entity affiliated with or under the control of a state political party for
purchasing, maintaining, or renovating a building and for the purchase of fixtures for
the building. A state political party or nonprofit entity affiliated with or under the control
of a state political party receiving a donation under this subsection shall file a
statement with the secretary of state no later than the thirty-first day of January of each
calendar year. The statement must include the name and mailing address of each
donor, the amount of each donation, the date each donation was received, all
expenditures made from the fund during the previous calendar year, and cash on hand
in the fund at the start and close of the reporting period. Any income and financial gain
generated from a building purchased, maintained, or renovated from donations
authorized under this subsection and not otherwise authorized by law must be
deposited in the building fund and must be reported when the political party or
nonprofit entity files the statement required under this subsection.
3. A corporation, cooperative corporation, limited liability company, or association may
make a direct expenditure for the purpose of promoting passage or defeat of initiated
or referred measures. A direct expenditure statement must be filed with the secretary
of state within forty-eight hours after making the expenditure. The statement must
include:
a. The full name of the corporation, cooperative corporation, limited liability
company, or association;
b. The complete address of the corporation, cooperative corporation, limited liability
company, or association;
c. The name and telephone number of the person completing the report;
d. The title of the measure and whether the expenditure is made in support of or
opposition to the measure;
e. The election date on which the measure either will appear or did appear on the
ballot;
f. The amount of the expenditure;
g. The cumulative total amount of expenditures since the beginning of the calendar
year in support of or opposition to the measure;
h. The printed name and signature of the person completing the report, attesting to
the report being true, complete, and correct; and
i. The date on which the report was signed.
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16.1-08.1-03.6. Contributions from federal campaign committee accounts or from
contributions made to other candidates or former candidates limited.
Repealed by S.L. 2001, ch. 202, ยง 7.
16.1-08.1-03.7. Political committees that organize and register according to federal
law that make disbursements to nonfederal candidates, political parties, and political
committees.
A political committee that organizes and registers according to federal law and makes a
disbursement in excess of two hundred dollars to a nonfederal candidate seeking public office
or to a political party or political committee in this state shall file a copy of that portion of the
committee's federal report detailing the disbursement made to the candidate. The political
committee shall file a copy of the committee's federal report with the secretary of state at the
time of filing the report with the applicable federal agency. The report must include:
1. The name, mailing address, and treasurer of the political committee;
2. The recipient's name and mailing address; and
3. The date and amount of the disbursement made.
16.1-08.1-03.8. Contributions statement required of multicandidate political
committees.
1. A multicandidate political committee, as described in section 16.1-08.1-01, that solicits
or accepts contributions for any political purpose shall file statements as required by
this section.
2. A multicandidate political committee shall file a statement containing the aggregated
total of all contributions showing the name and mailing address of each contributor
who contributed in excess of two hundred dollars in the aggregate to the committee
during a reporting period, the aggregated amount of the reportable contributions in
excess of two hundred dollars, and the date the last reportable contribution was
received.
3. A multicandidate political committee required to file a statement under this section
shall file the statement in the office of the secretary of state no later than the twelfth
day before the date of any primary, special, or general election. The statement must be
complete from the beginning of that calendar year through the twentieth day before the
date of the primary, special, or general election. The political committee shall file a
complete statement for the entire calendar year no later than the thirty-first day of
January of the following year in which the political committee received a reportable
contribution.
4. Even if a multicandidate political committee has not received any contribution in
excess of two hundred dollars during the reporting period, the political committee shall
file a statement as required by this chapter. A statement filed according to this section
during the reporting period must show the following:
a. The gross total of all contributions received in excess of two hundred dollars;
b. The gross total of all contributions received of two hundred dollars, or less; and
c. The cash on hand in the filer's account at the start and close of the reporting
period.
5. A multicandidate political committee shall report the occupation, employer, and
principal place of business of each person, or the political committee if not already
registered according to state or federal law, who contributed five thousand dollars or
more in the aggregate during the reporting period.
16.1-08.1-03.9. Contribution statements of judicial district candidates or a candidate
committee for a judicial district candidate.
1. A judicial district candidate or a candidate committee for a judicial district candidate
shall make and file a statement in accordance with this section. The candidate or
candidate committee shall include in the statement:
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2.
3.
4.
5.
The name and mailing address of all contributors who made contributions in
excess of two hundred dollars in the aggregate for the purpose of influencing the
nomination for election, or election, of the candidate;
b. The aggregated amount of the contributions from each listed contributor;
c. The date the last contribution was received from each listed contributor;
d. The gross total of all contributions received in excess of two hundred dollars;
e. The gross total of all contributions received of two hundred dollars, or less; and
f. The cash on hand in the filer's account at the start and close of the reporting
period.
A candidate or a candidate committee described in this section shall file a statement
with the secretary of state no later than the twelfth day before the date of the election
in which the candidate's name appears on the ballot or in which the candidate seeks
election through write-in votes. The reporting period for each of these statements is
from the beginning of that calendar year through the twentieth day before the date of
the election.
A candidate or a candidate committee described in this section shall also be required
to file a complete year-end statement with the secretary of state no later than the
thirty-first day of January in the year immediately following the date of the election in
which the candidate's name appeared on the ballot or in which the candidate sought
election through write-in votes. Even if the candidate or candidate committee has not
received any contributions in excess of two hundred dollars during the reporting
period, the candidate or candidate committee shall file a statement as required by this
section.
A candidate or a candidate committee described in this section shall be required to file
a year-end statement with the secretary of state, regardless of whether the candidate
sought election during that calendar year.
A statement required by this section to be filed with the secretary of state must be:
a. Deemed properly filed when deposited with or delivered to the secretary of state
within the prescribed time. A statement that is mailed is deemed properly filed
when it is postmarked and directed to the secretary of state within the prescribed
time. If the secretary of state does not receive a statement, a duplicate of the
statement must be promptly filed upon notice by the secretary of state of its
nonreceipt.
b. Preserved by the secretary of state for a period of four years from the date of
filing. The statement is to be considered a part of the public records of the
secretary of state and must be open to public inspection.
16.1-08.1-03.10. Contribution statements of county office candidates or a candidate
committee for a county office candidate.
1. A county office candidate or a candidate committee for a county office candidate shall
make and file a statement in accordance with this section. The candidate or candidate
committee shall include in the statement:
a. The name and mailing address of all contributors who made contributions in
excess of two hundred dollars in the aggregate for the purpose of influencing the
nomination for election, or election, of the candidate;
b. The aggregated amount of the contributions from each listed contributor; and
c. The date the last contribution was received from each listed contributor.
2. A candidate or a candidate committee described in this section shall file a statement
with the county auditor no later than the twelfth day before the date of the election in
which the candidate's name appears on the ballot or in which the candidate seeks
election through write-in votes. The reporting period for each of these statements is
from the beginning of that calendar year through the twentieth day before the date of
the election.
3. A candidate or a candidate committee described in this section shall also be required
to file a complete year-end statement with the county auditor no later than the
thirty-first day of January in the year immediately following the date of the election in
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4.
5.
which the candidate's name appeared on the ballot or in which the candidate sought
election through write-in votes. Even if the candidate or candidate committee has not
received any contributions in excess of two hundred dollars during the reporting
period, the candidate or candidate committee shall file a statement as required by this
section.
A candidate or a candidate committee described in this section shall be required to file
a year-end statement with the county auditor for any year in which a contribution was
received, regardless of whether the candidate sought election during that calendar
year.
A statement required by this section to be filed with the county auditor must be:
a. Deemed properly filed when deposited with or delivered to the county auditor
within the prescribed time. A statement that is mailed is deemed properly filed
when it is postmarked and directed to the county auditor within the prescribed
time. If the county auditor does not receive a statement, a duplicate of the
statement must be promptly filed upon notice by the county auditor of its
nonreceipt.
b. Preserved by the county auditor for a period of four years from the date of filing.
The statement is to be considered a part of the public records of the county
auditor and must be open to public inspection.
16.1-08.1-03.11. Contribution statements of city office candidates or a candidate
committee for a city office candidate in cities with a resident population of five thousand
or more as determined by the last federal decennial census.
1. A city office candidate or a candidate committee for a city office candidate in cities with
a resident population of five thousand or more as determined by the last federal
decennial census shall make and file a statement in accordance with this section. The
candidate or candidate committee shall include in the statement:
a. The name and mailing address of all contributors who made contributions in
excess of two hundred dollars in the aggregate for the purpose of influencing the
nomination for election, or election, of the candidate;
b. The aggregated amount of the contributions from each listed contributor; and
c. The date the last contribution was received from each listed contributor.
2. A candidate or a candidate committee described in this section shall file a statement
with the city auditor no later than the twelfth day before the date of any election in
which the candidate's name appears on the ballot or in which the candidate seeks
election through write-in votes. The reporting period for each of these statements is
from the beginning of that calendar year through the twentieth day before the date of
the election.
3. A candidate or a candidate committee described in this section shall also be required
to file a complete year-end statement with the city auditor no later than the thirty-first
day of January in the year immediately following the date of the election in which the
candidate's name appeared on the ballot or in which the candidate sought election
through write-in votes. Even if the candidate or candidate committee has not received
any contributions in excess of two hundred dollars during the reporting period, the
candidate or candidate committee shall file a statement as required by this section.
4. A candidate or a candidate committee described in this section shall be required to file
a year-end statement with the city auditor for any year in which a contribution was
received, regardless of whether the candidate sought election during that calendar
year.
5. A statement required by this section to be filed with the city auditor must be:
a. Deemed properly filed when deposited with or delivered to the city auditor within
the prescribed time. A statement that is mailed is deemed properly filed when it is
postmarked and directed to the city auditor within the prescribed time. If the city
auditor does not receive a statement, a duplicate of the statement must be
promptly filed upon notice by the city auditor of its nonreceipt.
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b.
Preserved by the city auditor for a period of four years from the date of filing. The
statement is to be considered a part of the public records of the city auditor and
must be open to public inspection.
16.1-08.1-03.12. Contribution statements of political organizations.
1. An organization governed by section 527 of the Internal Revenue Code [26 U.S.C.
527], which solicits or receives contributions or makes expenditures for political
purposes, shall file a statement showing the name and mailing address of each
contributor of an amount in excess of two hundred dollars in the aggregate for the
reporting period and a listing of all expenditures of an amount in excess of two
hundred dollars in the aggregate made for political purposes with the secretary of
state. The statement must include the amount of each reportable contribution and the
date the contribution was received. The statement must also include the amount of
each reportable expenditure and the date the expenditure was made.
2. A preelection statement must be filed no later than the twelfth day before a primary,
special, or general election and must be complete from the beginning of the calendar
year through the twentieth day before the election.
3. A year-end statement covering the entire calendar year must be filed no later than the
thirty-first day of January of the following year.
4. Even if such an organization has not received any contributions or made any
expenditure in excess of two hundred dollars during the reporting period, the
organization shall file a statement as required by this chapter.
5. A statement filed according to this section during the reporting period must show the
following:
a. The gross total of all contributions received and expenditures made in excess of
two hundred dollars;
b. The gross total of all contributions received and expenditures made of two
hundred dollars or less; and
c. The cash on hand in the filer's account at the start and close of the reporting
period.
6. The organization shall report the occupation, employer, and principal place of business
of each person, or the political committee if not already registered according to state or
federal law, that contributed five thousand dollars or more in the aggregate during the
reporting period.
16.1-08.1-04. Supplemental statement required on large contributions received after
original statement - Filing time.
If any candidate, political party, or political committee receives contributions in excess of five
hundred dollars in the aggregate in the twenty-day period before any election from any
individual contributor, that candidate, political party, political committee, or person shall make
and file a supplemental statement in the same form as required by section 16.1-08.1-02,
16.1-08.1-03, 16.1-08.1-03.1, 16.1-08.1-03.3, 16.1-08.1-03.8, 16.1-08.1-03.9, 16.1-08.1-03.10,
or 16.1-08.1-03.11 stating the name and street address of the contributor and the aggregated
amount of the contribution and file the statement in the appropriate office within forty-eight hours
of the receipt of the contribution.
16.1-08.1-05. Audit by secretary of state - Requested audits - Reports.
1. If a substantial irregularity is evident or reasonably alleged, the secretary of state may
arrange an audit of any statement filed pursuant to this chapter, to be performed by a
certified public accountant of the filer's choice, subject to approval by the secretary of
state. If an audit of a statement arranged by the secretary of state under this
subsection reveals a violation of this chapter, the candidate, political party, or political
committee filing the statement shall pay a fine to the secretary of state equal to five
percent of the aggregate of contributions and expenditures found to be in violation or
an amount sufficient to pay the cost of the audit, whichever is greater. If an audit of a
Page No. 12
statement arranged by the secretary of state under this subsection does not reveal a
violation of this chapter, the cost of the audit must be paid for by the secretary of state.
2. If a substantial irregularity is reasonably alleged, the secretary of state may arrange an
audit of any statement filed pursuant to this chapter, performed by a certified public
accountant of the filer's choice, subject to approval by the secretary of state, upon
written request by any interested party made to the secretary of state within thirty days
following receipt of a statement by the secretary of state. The request must be made in
writing, recite a substantial irregularity and a lawful reason for requesting an audit, and
be accompanied by a bond in an amount established by the secretary of state
sufficient to pay the cost of the audit. If an audit of a statement arranged by the
secretary of state under this subsection reveals a violation of this chapter, the
candidate, political party, or political committee filing the statement shall pay a fine to
the secretary of state equal to five percent of the aggregate of contributions and
expenditures found to be in violation or an amount sufficient to pay the cost of the
audit, whichever is greater, and the bond shall be returned to the person submitting it.
If an audit of a statement arranged by the secretary of state under this subsection
does not reveal a violation of this chapter, the cost of the audit must be satisfied from
the bond filed with the secretary of state.
An audit may not be made or requested of a statement for the sole reason that it was not timely
filed with the secretary of state. An audit made or arranged according to this section must audit
only those items required to be included in any statement, registration, or report filed with the
secretary of state according to this chapter. The secretary of state may collect any payment
obligation arising out of this section by civil action or by assignment to a collection agency, with
any costs of collection to be added to the amount owed and to be paid by the delinquent filer.
Any remaining moneys collected by the secretary of state after an audit is paid for under this
section must be deposited in the state's general fund. This section does not apply to statements
filed according to sections 16.1-08.1-03.10 and 16.1-08.1-03.11.
16.1-08.1-06. Contributions statement requirements.
1. Any statement required by this chapter to be filed with the secretary of state must be:
a. Deemed properly filed when deposited with or delivered to the secretary of state
within the prescribed time and in the format established by the secretary of state.
A statement that is mailed is deemed properly filed when it is postmarked and
directed to the secretary of state within the prescribed time. If the secretary of
state does not receive a statement, a duplicate of the statement must be promptly
filed upon notice by the secretary of state of its nonreceipt. After a statement has
been filed, the secretary of state may request or accept written clarification along
with an amended statement from a candidate, political party, or political
committee filing the statement when discrepancies, errors, or omissions on the
statement are discovered by the secretary of state, the candidate, political party,
or political committee filing the statement, or by any interested party reciting a
lawful reason for requesting clarification and an amendment be made. When
requesting an amended statement, the secretary of state shall establish a
reasonable period of time, not to exceed ten days, agreed to by the candidate,
political party, or political committee, for filing the amended statement with the
secretary of state.
b. Preserved by the secretary of state for a period of four years from the date of
filing. The statement is to be considered a part of the public records of the
secretary of state's office and must be open to public inspection.
2. If the filing date falls on a Saturday or Sunday or a holiday on which the office of the
secretary of state is closed, the statement must be filed on the next available day on
which the office of the secretary of state is open. In determining the amount of
individual contributions from any contributor, all amounts received from the same
contributor during the reporting period must be aggregated to report an overall total
contribution for the purposes of the statements required by this chapter. Aggregate
contributions must reference the date of the most recent contribution. Contributions
Page No. 13
3.
made separately by different persons from joint accounts are considered separate
contributions for reporting purposes.
Unless otherwise provided by law, any candidate, political party, committee, or person
may not be charged a fee for filing any statement with the secretary of state under this
chapter.
16.1-08.1-06.1. Filing officer to charge and collect fees for late filing.
1. If a statement, registration, or report required to be filed according to this chapter is not
filed within the prescribed time, the filing officer to whom the report was to be filed is
authorized to charge and collect a late fee as follows:
a. Within six days after the prescribed time, twenty-five dollars;
b. Within eleven days after the prescribed time, fifty dollars; and
c. Thereafter, one hundred dollars.
2. A filing officer may require an amendment to be filed for any statement, registration, or
report that is incorrect or incomplete. The amendment must be filed with the filing
officer within ten business days after the amendment has been requested in writing. If
an amendment is not filed within the prescribed time, the filing officer is authorized to
charge and collect a late fee as follows:
a. Within six days after the date the amendment was due, fifty dollars;
b. Within eleven days after the date the amendment was due, one hundred dollars;
and
c. Thereafter, two hundred dollars.
3. The filing officer may collect any payment obligation arising out of this section by civil
action or by assignment to a collection agency, with any costs of collection to be added
to the amount owed and to be paid by the delinquent filer.
16.1-08.1-06.2. Secretary of state to provide instructions and conduct training.
The secretary of state shall provide instructions and conduct training for the purpose of
promoting uniform application of campaign finance and disclosure requirements and the uniform
filing of statements, registrations, or reports according to this chapter.
16.1-08.1-07. Penalty.
Except as otherwise provided, any person who willfully violates any provision of this chapter
is guilty of an infraction.
Page No. 14
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