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2020 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. Page No. 1 c. 6. 7. 8. 9. 10. 11. 12. 13. 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. d. Money or anything of value received for anything other than a political purpose. e. Products or services for which the actual cost or fair market value are reimbursed by a payment of money. f. An independent expenditure. g. The value of advertising paid by a political party, multicandidate political committee, or caucus which is in support of a candidate. h. In-kind contributions from a candidate to the candidate's campaign. "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. "Expenditure categories" means the categories into which expenditures must be grouped for reports under this chapter. The expenditure categories are: a. Advertising; b. Campaign loan repayment; c. Operations; d. Travel; and e. Miscellaneous. "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, committee, or political party. "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. "Personal benefit" means a benefit to the candidate or another person which is not for a political purpose or related to a candidate's responsibilities as a public officeholder, and any other benefit that would convert a contribution to personal income. "Political committee" means any committee, club, association, or other group of persons which receives contributions or makes expenditures for political purposes and includes: a. A political action committee not connected to another organization and free to solicit funds from the general public, or derived from a corporation, cooperative corporation, limited liability company, affiliate, subsidiary, or an association that solicits or receives contributions from its employees or members or makes expenditures for political purposes on behalf of its employees or members; b. A candidate committee established to support an individual candidate seeking public office which solicits or receives contributions for political purposes; Page No. 2 c. 14. 15. 16. 17. 18. A political organization registered with the federal election commission, which solicits or receives contributions or makes expenditures for political purposes; d. A multicandidate political committee, including a caucus, established to support multiple groups or slates of candidates seeking public office, which solicits or receives contributions for political purposes; and e. 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. "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 public 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. "Ultimate and true source" means the person that knowingly contributed over two hundred dollars solely to influence a statewide election or an election for the legislative assembly. 16.1-08.1-02. Contributions statement required of candidate committees, candidates, and candidates for legislative office. Repealed by S.L. 2017, ch. 155, §13. 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 before February first 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 balance of the filer's convention accounts at the start and close of the reporting period; Page No. 3 b. 5. 6. The total of all revenue received and expenditures made of two hundred dollars, or less; c. The total of all revenue received and expenditures made in excess of two hundred dollars; d. For each aggregated revenue received from a person in excess of two hundred dollars: (1) The name of each person; (2) The mailing address of each person; (3) The date of the most recent receipt of revenue from each person; and (4) The purpose or purposes for which the aggregated revenue total was received from each person; e. For each aggregated expenditure made to a person in excess of two hundred dollars: (1) The name of each person or entity; (2) The mailing address of each person or entity; (3) The date of the most recent expense made to each person or entity; and (4) The purpose or purposes for which the aggregated expenditure total was disbursed to each person or entity; and f. For each aggregated revenue from an individual which totals five thousand dollars or more during the reporting period, the occupation, employer, and principal place of business of the individual must be disclosed. 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 16.1-08.1-02.4. 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 16.1-08.1-02.4. 16.1-08.1-02.2. State political party building fund statement required. A state political party or nonprofit entity affiliated with or under the control of a state political party which receives a donation for purchasing, maintaining, or renovating a building shall file a statement with the secretary of state before February first of each calendar year. Any income or financial gain generated from a building purchased, maintained, or renovated from donations must be deposited in the building fund and must be disclosed when the political party or nonprofit entity files the statement required under this section. Money in the fund may be used only 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 including the purchase of fixtures for the building. The statement may be submitted for filing beginning on January first and must include: 1. The balance of the building fund on January first; 2. The name and mailing address of each donor; 3. The amount of each donation; 4. The date each donation was received; 5. The name and mailing address of each recipient of an expenditure; 6. The amount of each expenditure; 7. The date each expenditure was made; and 8. The balance of the fund on December thirty-first. 16.1-08.1-02.3. Pre-election, supplemental, and year-end campaign disclosure statement requirements for candidates, candidate committees, multicandidate committees, and nonstatewide political parties. 1. Prior to the thirty-first day before a primary, general, or special election, a candidate or candidate committee formed on behalf of the candidate, a multicandidate political committee, or a political party other than a statewide political party soliciting or accepting contributions shall file a campaign disclosure statement that includes all Page No. 4 2. 3. 4. 5. contributions received from January first through the fortieth day before the election. A candidate whose name is not on the ballot and who is not seeking election through write-in votes, the candidate's candidate committee, and a political party that has not endorsed or nominated any candidate in the election is not required to file a statement under this subsection. The statement may be submitted for filing beginning on the thirty-ninth day before the election. The statement must include: a. For each aggregated contribution from a contributor which totals in excess of two hundred dollars received during the reporting period: (1) The name and mailing address of the contributor; (2) The total amount of the contribution; and (3) The date the last contributed amount was received; b. The total of all aggregated contributions from contributors which total in excess of two hundred dollars during the reporting period; c. The total of all contributions received from contributors that contributed two hundred dollars or less each during the reporting period; and d. For a statewide candidate, a candidate committee formed on behalf of a statewide candidate, and a statewide multicandidate committee, the balance of the campaign fund on the fortieth day before the election and the balance of the campaign fund on January first. Beginning on the thirty-ninth day before the election through the day before the election, a person that files a statement under subsection 1 must file a supplemental statement within forty-eight hours of the start of the day following the receipt of a contribution or aggregate contribution from a contributor which is in excess of five hundred dollars. The statement must include: a. The name and mailing address of the contributor; b. The total amount of the contribution received during the reporting period; and c. The date the last contributed amount was received. Prior to February first, a candidate or candidate committee, a multicandidate political committee, or a nonstatewide political party soliciting or accepting contributions shall file a campaign disclosure statement that includes all contributions received and expenditures, by expenditure category, made from January first through December thirty-first of the previous year. The statement may be submitted for filing beginning on January first. The statement must include: a. For a statewide candidate, a candidate committee formed on behalf of a statewide candidate, and a statewide multicandidate committee, the balance of the campaign fund on January first and on December thirty-first; b. For each aggregated contribution from a contributor which totals in excess of two hundred dollars received during the reporting period: (1) The name and mailing address of the contributor; (2) The total amount of the contribution; and (3) The date the last contributed amount was received; c. The total of all aggregated contributions from contributors which total in excess of two hundred dollars during the reporting period; d. The total of all contributions received from contributors that contributed two hundred dollars or less each during the reporting period; and e. The total of all other expenditures made during the previous year, separated into expenditure categories. A person required to file a statement under this section, other than a candidate for judicial office, county office, or city office, or a candidate committee for a candidate exempted under this subsection, shall report each aggregated contribution from a contributor which totals five thousand dollars or more during the reporting period. For these contributions from individuals, the statement must include the contributor's occupation, employer, and the employer's principal place of business. A candidate for city office in a city with a population under five thousand and a candidate committee for the candidate are exempt from this section. Page No. 5 6. 7. 8. A candidate for county office and a candidate committee for a candidate for county office shall file statements under this chapter with the county auditor. A candidate for city office who is required to file a statement under this chapter and a candidate committee for such a candidate shall file statements with the city auditor. Any other person required to file a statement under this section shall file the statement with the secretary of state. The filing officer shall assess and collect fees for any reports filed after the filing deadline. To ensure accurate reporting and avoid commingling of campaign and personal funds, candidates shall use dedicated campaign accounts that are separate from any personal accounts. 16.1-08.1-02.4. Pre-election, supplemental, and year-end campaign disclosure statement requirements for statewide political parties and certain political committees. 1. Prior to the thirty-first day before a primary, general, or special election, a statewide political party or a political committee not required to file statements under section 16.1-08.1-02.3 which is soliciting or accepting contributions shall file a campaign disclosure statement that includes all contributions received and expenditures made from January first through the fortieth day before the election. A political party that has not endorsed or nominated a candidate in an election is not required to file a statement under this subsection. A statement required to be filed under this subsection may be submitted for filing beginning on the thirty-ninth day before the election. The statement must include: a. For each aggregated contribution from a contributor which totals in excess of two hundred dollars received during the reporting period: (1) The name and mailing address of the contributor; (2) The total amount of the contribution; and (3) The date the last contributed amount was received; b. The total of all aggregated contributions from contributors which total in excess of two hundred dollars during the reporting period; c. The total of all contributions received from contributors that contributed two hundred dollars or less each during the reporting period; d. For each recipient of an expenditure from campaign funds in excess of two hundred dollars in the aggregate: (1) The name and mailing address of the recipient; (2) The total amount of the expenditure made to the recipient; and (3) The date the last expended amount was made to the recipient; e. The aggregate total of all expenditures from campaign funds in excess of two hundred dollars; f. The aggregate total of all expenditures from campaign funds of two hundred dollars or less; and g. The balance of the campaign fund on the fortieth day before the election and balance of the campaign fund on January first. 2. Beginning on the thirty-ninth day before the election through the day before the election, a person that files a statement under subsection 1 must file a supplemental statement within forty-eight hours of the start of the day following the receipt of a contribution or aggregate contribution from a contributor which is in excess of five hundred dollars. The statement must include: a. The name and mailing address of the contributor; b. The total amount of the contribution received during the reporting period; and c. The date the last contributed amount was received. 3. Prior to February first, a statewide political party or a political committee that is not required to file a statement under section 16.1-08.1-2.3 shall file a campaign disclosure statement that includes all contributions received and expenditures made from January first through December thirty-first of the previous year. The statement may be submitted for filing beginning on January first. The statement must include: Page No. 6 a. 4. 5. 6. For each aggregated contribution from a contributor which totals in excess of two hundred dollars received during the reporting period: (1) The name and mailing address of the contributor; (2) The total amount of the contribution; and (3) The date the last contributed amount was received; b. The total of all aggregated contributions from contributors which total in excess of two hundred dollars during the reporting period; c. The total of all contributions received from contributors that contributed two hundred dollars or less each during the reporting period; d. For each recipient of an expenditure from campaign funds in excess of two hundred dollars in the aggregate: (1) The name and mailing address of the recipient; (2) The total amount of the expenditure made to the recipient; and (3) The date the last expended amount was made to the recipient; e. The aggregate total of all expenditures from campaign funds in excess of two hundred dollars; f. The aggregate total of all expenditures from campaign funds of two hundred dollars or less; and g. The balance of the campaign fund on January first and December thirty-first. A person required to file a statement under this section shall disclose each aggregated contribution from a contributor which totals five thousand dollars or more during the reporting period. For these contributions from individuals, the statement must include the contributor's occupation, employer, and the employer's principal place of business. Statements under this section must be filed with the secretary of state. The secretary of state shall assess and collect fees for any reports filed after the filing deadline. 16.1-08.1-03. Contributions statement required of political parties. Repealed by S.L. 2017, ch. 155, §13. 16.1-08.1-03.1. Special requirements for statements required of persons engaged in activities regarding ballot measures. 1. For each reportable contribution and expenditure under section 16.1-08.1-02.4, the threshold for reporting is one hundred dollars for any person engaged in activities described in subdivision e of subsection 13 of section 16.1-08.1-01. 2. For contributions received from any contributor, a person engaged in activities described in subdivision e of subsection 13 of section 16.1-08.1-01 shall include the following information regarding each subcontributor that has stated a contribution is for the express purpose of furthering the passage or defeat of a ballot measure in the statements required under section 16.1-08.1-02.4: a. A designation as to whether any person contributed in excess of one hundred dollars of the total contribution; b. The name and mailing address of each subcontributor that contributed in excess of one hundred dollars of the total contribution; c. The contribution amounts of each disclosed subcontributor; and d. The occupation, employer, and address for the employer's principal place of business of each disclosed subcontributor. 3. An initiative and referendum sponsoring committee also shall file a disclosure statement by the date the secretary of state approves the petition for circulation, and shall file an additional statement on the date the petitions containing the required number of signatures are submitted to the secretary of state for review. The statements required under this subsection must be in the same form as the year-end statements under section 16.1-08.1-02.4. 4. A sponsoring committee shall file a statement regarding its intent to compensate circulators before paying for petitions to be circulated. Page No. 7 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, makes expenditures for political purposes, or has a balance in the campaign account. 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, expenditures are made for political purposes, or has a balance in the campaign account. 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. 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. 16.1-08.1-03.3. Campaign contributions by corporations, cooperative corporations, limited liability companies, affiliates, subsidiaries, and associations - Violation - Penalty Political action committees authorized. 1. A corporation, cooperative corporation, limited liability company, affiliate, subsidiary, 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, affiliate, subsidiary, 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 not an employee, a stockholder, a patron, a board member or a member of the corporation, cooperative corporation, limited liability company, affiliate, subsidiary, or association maintaining the political action committee, except a corporation may accept a Page No. 8 2. 3. 4. 5. 6. 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. 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 that 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 which it actually was furnished. If an officer, employee, agent, attorney, or other representative of a corporation, cooperative corporation, limited liability company, affiliate, subsidiary, or association makes any contribution prohibited by this section out of corporate, cooperative corporation, limited liability company, affiliate, subsidiary, or association funds or otherwise violates this section, it is prima facie evidence of a violation by the corporation, cooperative corporation, limited liability company, affiliate, subsidiary, 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, affiliate, subsidiary, or association to violate this section or to counsel or consent to any violation. Any person that 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, affiliate, subsidiary, 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 - Statement required. 1. Corporations, cooperative corporations, limited liability companies, affiliates, subsidiaries, 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, affiliate, subsidiary, or association other than a "political purpose" as defined by this chapter. A corporation, cooperative corporation, limited liability company, affiliate, subsidiary, or association may not make a contribution for a political purpose. 2. A corporation, cooperative corporation, limited liability company, affiliate, subsidiary, 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 building fund. 3. A corporation, cooperative corporation, limited liability company, affiliate, subsidiary, or association may make an expenditure to a measure committee as described in section Page No. 9 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, affiliate, subsidiary, or association may make an independent expenditure for a political purpose, including political advertising in support of or opposition to a candidate, political committee, or a political party, or for the purpose of promoting passage or defeat of initiated or referred measures or petitions. The corporation, cooperative corporation, limited liability company, affiliate, subsidiary, 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, affiliate, subsidiary, or association; b. The complete address of the corporation, cooperative corporation, limited liability company, affiliate, subsidiary, 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, and supplementary information as necessary under this section, with the secretary of state at the time of filing the report with the applicable federal agency. The report and supplementary information must include: 1. The name, mailing address, and treasurer of the political committee; 2. The recipient's name and mailing address; 3. The date and amount of the independent expenditure or disbursement; and 4. The ultimate and true source of funds listed by contributor and subcontributor of any amount over two hundred dollars collected or used to make the independent expenditure or disbursement including: a. The name and address of the contributor; b. The total amount of the contribution; and c. The date the last contribution was received. Page No. 10 16.1-08.1-03.8. Contributions statement committees. Repealed by S.L. 2017, ch. 155, §13. required of multicandidate political 16.1-08.1-03.9. Contribution statements of judicial district candidates or a candidate committee for a judicial district candidate. Repealed by S.L. 2017, ch. 155, §13. 16.1-08.1-03.10. Contribution statements of county office candidates or a candidate committee for a county office candidate. Repealed by S.L. 2017, ch. 155, §13. 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. Repealed by S.L. 2017, ch. 155, §13. 16.1-08.1-03.12. Contribution statements of incidental committees and other political committees. Repealed by S.L. 2017, ch. 155, §13. 16.1-08.1-03.13. Contribution statements required of initiated or referendum petition sponsoring committees - Statement of petition sponsors. Repealed by S.L. 2017, ch. 155, §13. 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. 16.1-08.1-03.15. Contributions from and expenditures by foreign nationals prohibited. 1. A foreign national may not make or offer to make, directly or indirectly, a contribution or expenditure in connection with any election. 2. A candidate, candidate committee, political party, or any other person may not solicit, accept, or receive, directly or indirectly, a contribution from a foreign national. 3. For purposes of this section, unless the context otherwise requires, "foreign national" means a person that is: a. A foreign government; b. A foreign political party; c. A foreign corporation, partnership, association, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country; d. An individual with foreign citizenship; or e. An individual who is not a citizen or national of the United States and is not admitted lawfully to the United States for permanent residence. Page No. 11 16.1-08.1-04. Supplemental statement required on large contributions received after original statement - Filing time. Repealed by S.L. 2017, ch. 155, §13. 16.1-08.1-04.1. Personal use of contributions prohibited. 1. A candidate may not use any contribution received by the candidate, the candidate's candidate committee, or a multicandidate political committee to: a. Give a personal benefit to the candidate or another person; b. Make a loan to another person; c. Knowingly pay more than the fair market value for goods or services purchased for the campaign; or d. Pay a criminal fine or civil penalty. 2. The secretary of state shall assess a civil penalty upon any person that knowingly violates this section. a. If the contribution used in violation of this section has a value of two thousand five hundred dollars or more, the civil penalty must be two times the value of the contribution. b. If the contribution used in violation of this section has a value of less than two thousand five hundred dollars, the civil penalty must be at least two times the value of the contribution and may be up to five thousand dollars. 3. The assessment of a civil penalty may be appealed to the district court of the county where the candidate resides. 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 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. 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 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. 3. 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 Page No. 12 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 by candidates or candidate committees for candidates for county or city offices. 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 the filing deadline. 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. 3. 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. 4. 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. Page No. 13 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, make adjustments for inflation, 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. The secretary also shall determine adjustments for inflation of the reporting thresholds in this chapter and instruct persons submitting reports under this chapter of the adjustments. On January first of each year, the secretary shall determine whether the accumulated change in the consumer price index for all urban consumers (all items, United States city average), as applied to each reporting threshold in this chapter, would result in an adjustment of at least ten dollars of the threshold in effect on that date. If so, the secretary shall deem the reporting threshold adjusted by ten dollars. 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. 16.1-08.1-08. Ultimate and true source of funds - Required identification. (Effective after January 4, 2021) 1. In any statement under this chapter which requires the identification of a contributor or subcontributor, the ultimate and true source of funds must be identified. 2. A resident taxpayer may commence an action in a district court of this state against a person required to comply with this section to compel compliance if all other enforcement measures under this chapter have been exhausted and the taxpayer reasonably believes the person has failed to comply with this section. Page No. 14
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