2012 North Dakota Century Code Title 16.1 Elections Chapter 16.1-10 Corrupt Practices
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CHAPTER 16.1-10
CORRUPT PRACTICES
16.1-10-01. Corrupt practice - What constitutes.
A person is guilty of corrupt practice within the meaning of this chapter if the person willfully
engages in any of the following:
1. Expends any money for election purposes contrary to the provisions of this chapter.
2. Engages in any of the practices prohibited by section 12.1-14-02 or 12.1-14-03.
3. Is guilty of the use of state services or property or the services or property of a political
subdivision of the state for political purposes.
16.1-10-02. Use of state or political subdivision services or property for political
purposes.
1. No person may use any property belonging to or leased by, or any service which is
provided to or carried on by, either directly or by contract, the state or any agency,
department, bureau, board, commission, or political subdivision thereof, for any
political purpose.
2. The following definitions must be used for the purposes of this section:
a. "Political purpose" means any activity undertaken in support of or in opposition to
a statewide initiated or referred measure, a constitutional amendment or
measure, a political subdivision ballot measure, or 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 public office or a position taken in any bona fide news story,
commentary, or editorial. Factual information may be presented regarding a ballot
question solely for the purpose of educating voters if the information does not
advocate for or against or otherwise reflect a position on the adoption or rejection
of the ballot question.
b. "Property" includes motor vehicles, telephones, typewriters, adding machines,
postage or postage meters, funds of money, and buildings. However, nothing in
this section may be construed to prohibit any candidate, political party,
committee, or organization from using any public building for such political
meetings as may be required by law, or to prohibit such candidate, party,
committee, or organization from hiring the use of any public building for any
political purpose if such lease or hiring is otherwise permitted by law.
c. "Services" includes the use of employees during regular working hours for which
such employees have not taken annual or sick leave or other compensatory
leave.
16.1-10-03. Political badge, button, or insignia at elections.
No individual may buy, sell, give, or provide any political badge, button, or any insignia
within a polling place or within one hundred feet [30.48 meters] from the entrance to the room
containing the polling place while it is open for voting. No such political badge, button, or
insignia may be worn within that same area while a polling place is open for voting.
16.1-10-04. Publication of false information in political advertisements - Penalty.
A person is guilty of a class A misdemeanor if that person knowingly, or with reckless
disregard for its truth or falsity, publishes any political advertisement or news release that
contains any assertion, representation, or statement of fact, including information concerning a
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candidate's prior public record, which is untrue, deceptive, or misleading, whether on behalf of
or in opposition to any candidate for public office, initiated measure, referred measure,
constitutional amendment, or any other issue, question, or proposal on an election ballot, and
whether the publication is by radio, television, newspaper, pamphlet, folder, display cards, signs,
posters, billboard advertisements, websites, electronic transmission, or by any other public
means. This section does not apply to a newspaper, television or radio station, or other
commercial medium that is not the source of the political advertisement or news release.
16.1-10-04.1. Certain political advertisements to disclose name of sponsor - Name
disclosure requirements.
Every political advertisement by newspaper, pamphlet or folder, display card, sign, poster,
or billboard, website, or by any other similar public means, on behalf of or in opposition to any
candidate for public office, designed to assist, injure, or defeat the candidate by reflecting upon
the candidate's personal character or political action, or by a measure committee, or a
corporation making a direct expenditure either for or against a measure, must disclose on the
advertisement the name of the person, as defined in section 16.1-08.1-01, or political party
paying for the advertisement. If the name of a political party, association, or partnership is used,
the disclaimer must also include the name of the chairman or other responsible individual from
the political party, association, or partnership. The name of the person paying for any radio or
television broadcast containing any advertising announcement for or against any candidate for
public office must be announced at the close of the broadcast. If the name of a political party,
association, or partnership is used, the disclaimer must also include the name of the chairman
or other responsible individual from the political party, association, or partnership. In every
political advertisement in which the name of the person paying for the advertisement is
disclosed, the first and last name of any named individual must be disclosed. An advertisement
paid for by an individual candidate or group of candidates must disclose that the advertisement
was paid for by the individual candidate or group of candidates. The first and last name or
names of the candidates paying for the advertisement are not required to be disclosed. This
section does not apply to campaign buttons.
16.1-10-05. Paying owner, editor, publisher, or agent of newspaper to advocate or
oppose candidate editorially prohibited.
No person may pay or give anything of value to the owner, editor, publisher, or agent of any
newspaper or other periodical, or radio or television station, to induce the person to advocate
editorially or to oppose any candidate for nomination or election, and no such owner, editor,
publisher, or agent may accept such inducement.
16.1-10-06. Electioneering on election day - Penalty.
Any person asking, soliciting, or in any manner trying to induce or persuade, any voter on
an election day to vote or refrain from voting for any candidate or the candidates or ticket of any
political party or organization, or any measure submitted to the people, is guilty of an infraction.
The display upon motor vehicles of adhesive signs which are not readily removable and which
promote the candidacy of any individual, any political party, or a vote upon any measure, and
political advertisements promoting the candidacy of any individual, political party, or a vote upon
any measure which are displayed on fixed permanent billboards, may not, however, be deemed
a violation of this section.
16.1-10-06.1. Paying for certain election-related activities prohibited.
No person may pay another person for:
1. Any loss or damage due to attendance at the polls;
2. Registering;
3. The expense of transportation to or from the polls; or
4. Personal services to be performed on the day of a caucus, primary election, or any
election which tend in any way, directly or indirectly, to affect the result of such caucus
or election.
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The provisions of this section do not apply to the hiring of a person whose sole duty it is to act
as a challenger and to watch the count of official ballots.
16.1-10-06.2. Sale or distribution at polling place.
A person may not approach a person attempting to enter a polling place, or who is in a
polling place, for the purpose of selling, soliciting for sale, advertising for sale, or distributing any
merchandise, product, literature, or service. A person may not approach a person attempting to
enter a polling place, who is in a polling place, or who is leaving a polling place for the purpose
of gathering signatures for any reason. These prohibitions apply in any polling place or within
one hundred feet [30.48 meters] from any entrance leading into a polling place on election day.
16.1-10-07. Candidate guilty of corrupt practice to vacate nomination of office.
If any person is found guilty of any corrupt practice, the person must be punished by being
deprived of the person's government job, or the person's nomination or election must be
declared void, as the case may be. This section does not remove from office a person who is
already in office and who has entered upon the discharge of the person's duties when such
office is subject to the impeachment provisions of the Constitution of North Dakota.
16.1-10-08. Penalty for violation of chapter.
Any person violating any provision of this chapter, for which another penalty is not
specifically provided, is guilty of a class A misdemeanor.
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