2016 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. "Affiliate" means an organization that controls, is controlled by, or is under common
control with another organization. For purposes of this definition, control means the
possession, direct or indirect, of the power to direct or cause the direction of the
management and policies of an organization, whether through the ownership of voting
securities, by contract other than a commercial contract for goods or nonmanagement
services, or otherwise. Control is presumed to exist if an organization, directly or
indirectly, owns, controls, holds with the power to vote, or holds proxies representing
fifty percent or more of the voting securities of any other organization.
2. "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.
3. "Candidate" means an individual who seeks nomination for election or election to
public office, and includes:
a. An individual holding public office;
b. An individual who has publicly declared that individual's candidacy for nomination
for election or election to public office or has filed or accepted a nomination for
public office;
c. An individual who has formed a campaign or other committee for that individual's
candidacy for public office;
d. An individual who has circulated a nominating petition to have that individual's
name placed on the ballot; and
e. An individual who has, in any manner, solicited or received a contribution for that
individual's candidacy for public office, whether before or after the election for that
office.
4. "Conduit" means a person that is not a political party, political committee, or candidate
and which receives a contribution of money and transfers the contribution to a
candidate, political party, or political committee when the contribution is designated
specifically for the candidate, political party, or political committee and the person has
no discretion as to the recipient and the amount transferred. The term includes a
transactional intermediary, including a credit card company or a money transfer service
that pays or transfers money to a candidate on behalf of another person.
5. "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 including a conduit. 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.
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c.
d.
6.
7.
8.
9.
10.
11.
12.
Money spent by a candidate on the candidate's own behalf.
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.
g. An independent expenditure.
"Cooperative corporations", "corporations", and "limited liability companies" are as
defined in this code, and for purposes of this chapter "corporations" includes nonprofit
corporations. However, if a political committee, the only purpose of which is accepting
contributions and making expenditures for a political purpose, incorporates for liability
purposes only, the committee is not considered a corporation for the purposes of this
chapter.
"Expenditure" means:
a. 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 a political purpose or for the purpose of influencing the
passage or defeat of a measure.
b. A contract, promise, or agreement, express or implied, whether or not legally
enforceable, to make any expenditure.
c. The transfer of funds by a political committee to another political committee.
d. An independent expenditure.
"Incidental committee" means a committee, club, association, or other group of
persons that makes a contribution or expenditure, but for which making contributions
and expenditures for political purposes is not its primary purpose.
"Independent expenditure" means an expenditure made for a political purpose or for
the purpose of influencing the passage or defeat of a measure if the expenditure is
made without the express or implied consent, authorization, or cooperation of, and not
in concert with or at the request or suggestion of, any candidate or a candidate
committee or measure 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 a
contribution for political purposes under section 16.1-08.1-03.5, and which solicits
or receives contributions or makes expenditures for political purposes;
b. A candidate committee, established to support an individual candidate seeking
statewide, judicial, or legislative office which solicits or receives contributions for
political purposes;
c. A political organization governed by the Internal Revenue Code and registered
with the federal election commission, 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;
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e.
13.
14.
15.
16.
A measure committee, including an initiative or referendum sponsoring committee
at any stage of its organization, which solicits or receives contributions or makes
expenditures for the purpose of aiding or opposing a measure sought to be voted
upon by the voters of the state, including any activities undertaken for the
purpose of drafting an initiative or referendum petition, seeking approval of the
secretary of state for the circulation of a petition, or seeking approval of the
submitted petitions; and
f. An incidental committee.
"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 an individual can be elected by vote of the
people under the laws of this state.
"Subsidiary" means an affiliate of a corporation under the control of the corporation
directly or indirectly through one or more intermediaries.
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
legislative office soliciting or accepting contributions for any political purpose shall
make and file a statement in accordance with this section.
2. 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.
3. 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 thirty-second 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 fortieth 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.
4. 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
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5.
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;
c. 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.
5. For the purposes of this section, the term entity is defined as any group consisting of
or representing more than one person.
6. 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.
7. 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.
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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
pre-election statement must be filed no later than the thirty-second 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 fortieth 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.
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. 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.
2. A person or measure committee as described in section 16.1-08.1-01 which 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
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3.
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 1.
The statement required of a person or measure committee under subsection 1 must
be filed with the secretary of state no later than the thirty-second 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 fortieth day before the
date of the election. A complete statement for the entire calendar year for each
statement required to be filed under this section 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 this section 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.
16.1-08.1-03.2. Political committee and candidate registration.
1. A political committee as defined in section 16.1-08.1-01 shall register its name and
contact information, its agent's name and contact information, and a designation as to
whether the committee is incorporated solely for the purpose of liability protection, with
the secretary of state. A candidate who does not have a candidate committee shall
register the candidate's name and contact information and, if the candidate has an
agent, the agent’s name and contact information with the secretary of state. The
registration required under this section for a candidate or political committee that has
not previously registered with the secretary of state must be submitted within fifteen
business days of the receipt of any contribution or expenditure made.
2. A candidate or political committee required to be registered under this section must
register with the secretary of state each year during which the candidate holds public
office or during which the political committee receives contributions or makes
expenditures for political purposes. An individual who no longer holds public office or
an individual who no longer seeks public office must register with the secretary of state
each year in which contributions are received or expenditures are made for political
purposes.
3. A political committee that organizes and registers according to federal law and makes
an independent expenditure or 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.
4. An incidental political committee is required to register under this section only as a
result of making a reportable expenditure or contribution in the aggregate during any
reporting period, but the registration under this section does not change the nature of
business for the organization.
5. Registration by a political committee under this section does not reserve the name for
exclusive use nor does it constitute registration of a trade name under chapter 47-25.
Page No. 6
16.1-08.1-03.3. Campaign contributions by corporations, cooperative corporations,
limited liability companies, and associations - Violation - Penalty - Political action
committees authorized.
1. A corporation, cooperative corporation, limited liability company, or association may
establish, administer, and solicit contributions to a separate and segregated fund to be
utilized for political purposes by the 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, board member, 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, a
stockholder, a patron, a board member or a member of the corporation,
cooperative corporation, limited liability company, or association maintaining the
political action committee, except a corporation may accept a contribution from an
employee, a stockholder, a patron, a board member, or a member of an affiliate
or a subsidiary of the corporation.
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
committee except if there is a contract, a promise, or an agreement, expressed or
implied, to make such expenditure.
2. 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 pre-election statement must be filed no later than the thirty-second
day before any primary, special, or general election and must be complete from the
beginning of the calendar year through the fortieth 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
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c.
3.
4.
5.
6.
7.
8.
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,
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. Corporate contributions and expenditures - Report required.
1. 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. A
corporation, cooperative corporation, limited liability company, or association may not
make a contribution for a political purpose.
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
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3.
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.
A corporation, cooperative corporation, limited liability company, or association may
make an expenditure to a measure committee as described in section 16.1-08.1-01 for
the purpose of promoting the passage or defeat of an initiated or referred measure or
petition or make an expenditure to any other person that makes an independent
expenditure. A corporation, cooperative corporation, limited liability company, or
association may make an independent expenditure for a political purpose or for the
purpose of promoting passage or defeat of initiated or referred measures or petitions.
The corporation, cooperative corporation, limited liability company, or association shall
file a statement disclosing any expenditure made under this subsection 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 of the recipient of the expenditure;
d. If the expenditure is related to a measure or petition, the title of the measure or
petition and whether the expenditure is made in support of or opposition to the
measure or petition;
e. If the expenditure is related to a measure, 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 which are required to be reported under this subsection;
h. The telephone number and the printed name and signature of the individual
completing the statement, attesting to the statement being true, complete, and
correct; and
i. The date on which the statement was signed.
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, § 7.
16.1-08.1-03.7. Political committees that organize and register according to federal
law that make independent expenditures or disbursements to nonfederal candidates,
political parties, and political committees.
A political committee that organizes and registers according to federal law and makes an
independent expenditure or 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 independent
expenditure or the disbursement made. 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 independent expenditure or disbursement.
Page No. 9
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
thirty-second 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
fortieth 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:
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;
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.
2. A candidate or a candidate committee described in this section shall file a statement
with the secretary of state no later than the thirty-second 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 fortieth 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 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
Page No. 10
4.
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.
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 thirty-second 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 fortieth 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
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 county 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 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:
Page No. 11
a.
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; and
c. The date the last contribution was received from each listed contributor.
A candidate or a candidate committee described in this section shall file a statement
with the city auditor no later than the thirty-second 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 fortieth 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 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.
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.
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.
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 incidental committees and other political
committees.
1. An incidental committee or political committee not otherwise covered by another
section of this chapter may make an expenditure to a measure committee as
described in section 16.1-08.1-01 for the purpose of promoting the passage or defeat
of an initiated or referred measure or petition or make an expenditure to any other
person that makes an independent expenditure. The incidental committee or political
committee may make an independent expenditure for a political purpose or for the
purpose of promoting passage or defeat of initiated or referred measures or petitions.
The incidental committee or political committee shall file a statement disclosing an
expenditure for a political purpose or an independent expenditure made under this
subsection with the secretary of state within forty-eight hours after making the
expenditure or independent expenditure. The statement filed under this subsection
must include:
a. The full name of the incidental committee or political committee;
b. The complete address of the incidental committee or political committee;
c. The name of the recipient of the expenditure;
d. If the expenditure is related to a measure or petition, the title of the measure or
petition and whether the expenditure is made in support of or opposition to the
measure or petition;
e. If the expenditure is related to a measure, the election date on which the measure
appeared or will appear on the ballot;
f. The amount of the expenditure made to a recipient in this state;
Page No. 12
g.
2.
The cumulative total of expenditures since the beginning of the calendar year
made to recipients in this state;
h. The telephone number, printed name, and signature of the individual completing
the statement, attesting to the statement being true, complete, and correct; and
i. The date on which the statement was signed.
An incidental committee that solicits or accepts contributions for any political purpose
shall file a statement in the office of the secretary of state no later than the
thirty-second 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
fortieth day before the date of the primary, special, or general election. The 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 committee received a reportable
contribution. Even if an incidental committee has not received any contributions in
excess of two hundred dollars during the reporting period, the committee shall file a
statement as required under this chapter. A statement filed under this subsection
during the reporting period must show the following:
a. The gross total of all contributions received in excess of two hundred dollars;
b. The name and mailing address of each contributor that contributed in excess of
two hundred dollars in the aggregate to the committee during a reporting period;
c. The gross total of all contributions received of two hundred dollars or less;
d. The date the last reportable contribution was received;
e. The cash on hand in the filer's account at the start and close of the reporting
period; and
f. 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,
which contributed five thousand dollars or more in the aggregate during the
reporting period.
16.1-08.1-03.13. Contribution statements required of initiated or referendum petition
sponsoring committees - Statement of petition sponsors.
1. At the time the sponsoring committee for an initiated or referendum petition requests
approval of the secretary of state to circulate petitions for the purpose of placing a
measure on the ballot, the committee also shall submit a statement disclosing the
contributions received and the expenditures made relating to the petition.
2. At the time the sponsoring committee for an initiated or referendum petition submits
signed petitions to the secretary of state, the committee also shall submit a complete
statement disclosing the contributions received and expenditures made relating to the
petition.
3. If December thirty-first falls between the date the secretary of state approves the
petition for circulation and the date the signed petitions are submitted to the secretary
of state, a complete statement for the calendar year shall be filed no later than the
thirty-first day of January of the following year.
4. The sponsoring committee also shall file a complete statement for the calendar year in
which the measure or referendum appeared or was to appear on the ballot and any
other calendar year not covered by this section in which a contribution was received or
an expenditure was made. This statement shall be filed no later than the thirty-first day
of January of the following year.
5. A sponsoring committee 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 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 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.
6. The statements required of this section must include:
Page No. 13
a.
7.
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;
c. The cash on hand in the filer's account at the start and close of the reporting
period;
d. The name and mailing address of each person that contributed in excess of one
hundred dollars to the sponsoring committee;
e. The amount of each reportable contribution;
f. The date each reportable contribution was received;
g. The name and mailing address of each recipient of an expenditure exceeding one
hundred dollars in the aggregate;
h. The amount of each reportable expenditure; and
i. The date the expenditure was made.
Within one hundred eighty days after the approval of a petition to initiate or refer a
measure or to recall an official or after the submission of a petition to convene a grand
jury as provided under section 29-10.1-02, the sponsoring committee or the individual
responsible for submission of the petition shall file a statement with the secretary of
state which discloses whether petition circulators have been or will be paid for the
circulation of petitions and which lists the total amount of money paid or which is
expected to be paid to circulators.
16.1-08.1-03.14. Conduit required to provide detailed contribution information to
recipient.
A conduit that transfers any contribution to a candidate, political party, or political committee
shall provide the recipient of the contribution a detailed statement that lists the name and
address of each individual contributor, the amount of each contribution, and the date each
contribution was received. The conduit also shall include on the statement the occupation,
employer, and principal place of business of each contributor, or the political committee if not
already registered according to state or federal law, which contributed five thousand dollars or
more in the aggregate during a reporting period applicable to the candidate, political party, or
political committee. The conduit shall provide the statement to the candidate, political party, or
political committee in a manner to allow the candidate, political party, or political committee to
file any statement required to be filed under this chapter.
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 within the thirty-nine days immediately preceding 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,
16.1-08.1-03.11, or 16.1-08.1-03.12 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, political
committee, or other person filing the statement shall pay a fine to the secretary of state
equal to two hundred 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
Page No. 14
2.
3.
greater. 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
paid for by the secretary of state.
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 two hundred 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 and expenditure statement requirements.
1. Any statement required by this chapter to be filed with the secretary of state must be:
a. Filed electronically with the secretary of state and must be within the prescribed
time and in the format established by the secretary of state. If the secretary of
state does not receive a statement, an electronic 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 ten 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 on the internet.
2. 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 made separately by different persons from joint accounts
are considered separate contributions for reporting purposes.
Page No. 15
3.
4.
In reporting a contribution received through a conduit, a candidate, political party, or
political committee shall list each reportable contribution identifying the person that
submitted the contribution to the conduit and provide the required information
regarding the contribution from that person rather than identifying the conduit as the
contributor.
Any statement and data filed with the secretary of state must be made available on the
internet to the public free of charge within twenty-four hours after filing.
16.1-08.1-06.1. Filing officer to charge and collect fees for late filing.
1. If a statement 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 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 a class A misdemeanor.
Page No. 16
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