HB 1141 — Relating to using public services or property for a political purpose.

25.0592.0100125.0592.02000 Adopted by the Industry, Business and Title.02000 Labor Committee February 12, 2025 Sixty-ninth Legislative Assembly of North Dakota PROPOSEDFIRST AMENDMENTSENGROSSMENT TOENGROSSED HOUSE BILL NO.

The following definitions must be used for the purposes of this section:Thesection:An state or any agency, department, bureau, board, commission, or political subdivision may not use public funds to be a member of, contribute to, or endorse aAn individual or private organization thatmay has endorsed a candidate or publicly supported or opposed a ballot measure within the ten years immediately preceding the date of the contemplatedmay not use of public funds collected from a political subdivision or an agency or department of the state to, directly or indirectly, endorse or oppose a candidate for elective office, or a ballot measure.

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1The 25.0592.01001ethics Sixty-ninthcommission Legislativemay Assemblyinvestigate 3.an alleged violation under this section and may assess a civil penalty of up to five hundred dollars against an individual or private organization for a violation of this section.

An individual holding public office may be held personally liable for violations of this section if the individual is performing an action outside the scope of the individual's official duties as an officeholder.

An individual alleging a violation under this section may file a complaint with theThe ethics commission as authorized under section 54-66-05.

The procedures outlined in chapter 54-66 apply to a complaint filedmay investigate an alleged violation under this subsectionsection and may assess a civil penalty of up to five hundred dollars against an individual or private organization for a violation of this section.

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If the ethics commission believes a complaint contains allegations of criminal conduct, the commission shall refer the matter to the state's attorney of the county in which the alleged criminal conduct occurred.

6.

Upon receiving a referral under subsection 5, the state's attorney shall prosecute the violation.

If the state's attorney refuses to prosecute the action, the commission shall refer the matter to the attorney general for prosecution if authorized by a majority of commissioners of the commission.

If the commission authorizes the attorney general to prosecute the action, the attorney general shall file the action with the supreme court.

The supreme court shall exercise original jurisdiction and shall hear and rule on the case in the same manner as a criminal proceeding in a district court of this state.

7.4.

"Political purpose" means any activity undertaken in support of or in opposition to a statewide initiated or referred measure, a constitutional amendment or measure, a political subdivision ballot measure, or the election or nomination of a candidatePage toNo. 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.

1 25.0592.02000 Sixty-ninth Legislative Assembly 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.

The term does not include activities undertaken in the performance of public office or a position taken in any bona fide news story, Pagecommentary, No.or editorial.

2 25.0592.01001 Sixty-ninth Legislative Assembly commentary, or editorial.

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