HB 1377 — Relating to campaign disclosure statements; to amend and reenact sections 15.1‑09‑08, 15.1‑09‑19, and 16.1‑01‑12, subdivision b of subsection 2 of section 16.1‑10‑02, section 16.1‑10‑04.1, subdivision f of subsection 8 of section 51‑28‑01, subsection 11 of section 54‑66‑01, and section 54‑66‑02 of the North Dakota Century Code, relating to campaign disclosure statements, authorized use of state property for political purposes, and inflationary adjustments for campaign finance reporting thresholds; to repeal chapter 16.1‑08.1 of the North Dakota Century Code, relating to campaign disclosure statements; to provide a penalty; to provide for application; and to provide an effective date.

AMENDMENT.

Section 15.1-09-08 of the North Dakota Century Code is amended and reenacted as follows:

15.1-09-08.

School district elections - Candidate filings.

An individual seeking election to the board of a school district shall prepare and sign a document stating the individual's name and the position for which that individual is a candidate.

A candidate shall also file a statement of interests as required by section 16.1-09-02.

Whether or not the election is held in conjunction with a statewide election, all statements of interest must be filed with the school district business manager, or mailed to and in the possession of the business manager, by four p.m.

of the sixty-fourth day before the election.

A candidate shall also file a campaign contribution statement as required by section 16.1-08.1-02.316.1-08.2-03.

SECTION 2.

AMENDMENT.

Section 15.1-09-19 of the North Dakota Century Code is amended and reenacted as follows:

15.1-09-19.

Duties of election officials - Other applicable statutes.

Sections 16.1-08.1-03.316.1-08.2-08, 16.1-10-01, 16.1-10-06, 16.1-10-06.1, 16.1-10-07, 16.1-10-08, 16.1-13-22, 16.1-13-23, 16.1-13-30, 16.1-15-01, 16.1-15-04, and 16.1-16-04 apply to elections held under sections 15.1-09-09 and 15.1-09-11.

SECTION 3.

AMENDMENT.

Section 16.1-01-12 of the North Dakota Century Code is amended and reenacted as follows:

16.1-01-12.

Election offenses - Penalty.

1.

It is unlawful for an individual, measure committee as described in section 16.1-08.1-0116.1-08.2-01, or other organization to:

a.

Fraudulently alter another individual's ballot, substitute one ballot for another, or otherwise defraud a voter of that voter's vote.

b.

Cause a disturbance, breach the peace, or obstruct a qualified elector or a member of the election board on the way to or at a polling place.

c.

Vote more than once in any election.

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9 25.0517.03008 Sixty-ninth Legislative Assembly d.

Knowingly vote in the wrong election precinct or district.

e.

Disobey the lawful command of an election officer as defined in chapter 16.1-05.

f.

Knowingly exclude a qualified elector from voting or knowingly allow an unqualified individual to vote.

g.

Knowingly vote when not qualified to do so.

h.

Sign an initiative, referendum, recall, or any other election petition when not qualified to do so.

i.

Circulate an initiative, referendum, recall, or any other election petition not in its entirety or when unqualified to do so.

j.

Pay or offer to pay any individual, measure committee, or other organization, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained for circulating an initiative, referendum, or recall petition.

This subsection does not prohibit the payment of salary and expenses for circulation of the petition on a basis not related to the number of signatures obtained, as long as the circulators file the intent to remunerate before submitting the petitions and, in the case of initiative and referendum petitions, fully disclose all contributions received pursuant to chapter 16.1-08.116.1-08.2 to the secretary of state upon submission of the petitions.

The disclosure of contributions received under this section does not affect the requirement to file a pre-election report by individuals or organizations soliciting or accepting contributions 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 under chapter 16.1-08.116.1-08.2.

Any signature obtained in violation of this subdivision is void and may not be counted.

k.

Willfully fail to perform any duty of an election officer after having accepted the responsibility of being an election officer by taking the oath as prescribed in this title.

l.

Willfully violate any rule adopted by the secretary of state pursuant to this title.

m.

Willfully make any false canvass of votes, or make, sign, publish, or deliver any false return of an election, knowing the canvass or return to be false;

or willfully Page No.

10 25.0517.03008 Sixty-ninth Legislative Assembly deface, destroy, or conceal any statement or certificate entrusted to the individual's or organization's care.

n.

Destroy ballots, ballot boxes, election lists, or other election supplies except as provided by law, or negatively impact the confidentiality, integrity, or availability of any system used for voting.

o.

Sign a name other than that individual's own name to an initiative, referendum, recall, or any other election petition.

p.

Willfully submit an initiative or referendum petition that contains one or more fraudulent signatures.

2.

a.

A violation of subdivisions b, e, f, or h through l of subsection 1 is a class A misdemeanor.

b.

A violation of subdivisions a, c, d, g, or m of subsection 1 is a class C felony.

c.

A violation of subdivision n of subsection 1 is a class C felony.

d.

A violation of subdivision o of subsection 1 is a class A misdemeanor if an individual signs one or two names other than the individual's own name to a petition and is a class C felony if an individual signs more than two names other than the individual's own name to a petition.

e.

An organization, as defined in section 12.1-03-04, that violates this section is subject to the organizational fines in section 12.1-32-01.1.

The court in which the conviction is entered shall notify the secretary of state of the conviction and shall order the secretary of state to revoke the certificate of authority of any convicted organization or limited liability company.

The organization may not reapply to the secretary of state for authorization to do business under any name for one year upon conviction of a class A misdemeanor and for five years upon conviction of a class C felony under this section, except an organization operating a signature gathering business, or similar enterprise, that violates subdivision p of subsection 1, and is convicted of fraud, is subject to a class A misdemeanor and may not reapply to the secretary of state for authorization to do business under any name for five years following the entry of judgment.

f.

A violation of subdivision p of subsection 1 by any member of a measure committee, including an initiative or referendum sponsoring committee or an Page No.

11 25.0517.03008 Sixty-ninth Legislative Assembly agent acting on behalf of, or in conjunction with, a measure committee for the purpose of collecting signatures for a petition under this chapter is subject to a civil penalty of not more than three thousand dollars.

The civil penalty may be recovered in an action brought in the district court of Burleigh County by the attorney general.

g.

An individual who is a member of an organization may be convicted of a violation as an accomplice under section 12.1-03-01.

3.

Every act this chapter makes criminal when committed with reference to the election of a candidate is equally criminal when committed with reference to the determination of a question submitted to qualified electors to be decided by votes cast at an election.

SECTION 4.

Chapter 16.1-08.2 of the North Dakota Century Code is created and enacted as follows:

16.1-08.2-01.

Definitions.

1.

"Affiliate" means an organization controlling, 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.

"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 Page No.

12 25.0517.03008 Sixty-ninth Legislative Assembly 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 paying or transferring money to a candidate on behalf of another person.

4.

"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 deposited 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.

c.

Money or anything of value deposited 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 deposited 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.

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13 25.0517.03008 Sixty-ninth Legislative Assembly 5.

"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.

6.

"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.

7.

"Expenditure categories" means the categories prescribed by the secretary of state into which expenditures for a political purpose must be grouped for reporting under this chapter.

8.

"Foreign national" means:

a.

A government or country other than the United States.

b.

A political party organized under the laws of a country other than the United States.

c.

A corporation, partnership, association, organization, or other combination of persons organized under the laws of or having its principal place of business in a country other than the United States.

d.

An individual with citizenship of a country other than the United States.

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.

9.

"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 Page No.

14 25.0517.03008 Sixty-ninth Legislative Assembly 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.

10.

"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.

11.

"Person" means an individual, partnership, political committee, association, corporation, cooperative corporation, limited liability company, or other organization or group of persons.

12.

"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.

13.

"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, which 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;

c.

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 supporting or opposing an initiative or referendum petition, or measure sought to be voted upon by the voters of the state, including any activities undertaken for the purpose of drafting an initiative Page No.

15 25.0517.03008 Sixty-ninth Legislative Assembly or referendum petition, seeking approval of the secretary of state for the circulation of a petition, or seeking approval of the submitted petitions.

14.

"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 the association, committee, or organization.

15.

"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.

The term includes paying any expenses related to the election or nomination of a candidate.

This 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.

16.

"Public office" means every office to which an individual can be elected by vote of the people under the laws of this state.

17.

"Subsidiary" means an affiliate of a corporation under the control of the corporation directly or indirectly through one or more intermediaries.

18.

"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.

16.1-08.2-02.

General provisions.

1.

A political committee, except those defined in subdivision c of subsection 13 of section 16.1-08.2-01, shall register its name, mailing address, telephone number, and nongovernment-issued electronic mail address, and its agent's name, mailing address, telephone number, and nongovernment-issued electronic mail address, 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, mailing address, telephone number, and nongovernment-issued electronic mail address with the secretary of state.

If the candidate has an agent, the candidate also shall register the agent's Page No.

16 25.0517.03008 Sixty-ninth Legislative Assembly name, mailing address, telephone number, and nongovernment-issued electronic mail address with the secretary of state.

2.

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 deposit date of any contribution or expenditure made.

3.

A candidate or political committee required to be registered under this section shall 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 shall register with the secretary of state each year in which contributions are deposited, expenditures are made for political purposes, or a balance remains in the campaign account.

4.

Any statement filed with the secretary of state under this chapter must be:

a.

Filed electronically 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 filed promptly 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 must 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.

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17 25.0517.03008 Sixty-ninth Legislative Assembly 5.

In determining the amount of individual contributions from any contributor, all amounts deposited 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.

Contributions made separately by different persons from joint accounts are considered separate contributions for reporting purposes.

6.

In determining the amount of expenditures to any recipient, all expenditures to the same recipient during the reporting period must be aggregated to report an overall total expenditure for the purposes of the statements required by this chapter.

7.

In reporting a contribution deposited 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.

8.

A political committee organizing and registering according to federal law which 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 shall report as a political committee according to sections 16.1-08.2-03 or 16.1-08.2-04 and 16.1-08.2-06.

9.

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.

10.

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.

11.

A candidate or candidate committee for a county office, city office, or school district office are exempt from registering and filing with the secretary of state.

Any other person required to file a statement under this chapter shall file the statement with the secretary of state.

a.

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 chapter.

A candidate for school district office in a school district with a fall enrollment of fewer than one Page No.

18 25.0517.03008 Sixty-ninth Legislative Assembly thousand students and a candidate committee for the candidate are exempt from this chapter.

b.

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 and a candidate committee for a candidate for city office shall file statements under this chapter with the city auditor.

A candidate for school district office and a candidate committee for a candidate for school district office shall file statements under this chapter with the school business manager.

12.

A political committee that qualifies as a nonprofit entity under section 501(c)(4) of the Internal Revenue Code [26 U.S.C.

501(c)(4)] is not required to disclose the information under this section.

13.

A political committee that registers according to federal law and files a campaign disclosure statement in accordance with this chapter is required to include only contributions received or expenditures made for a nonfederal political purpose related to this state or for the purpose of influencing an initiated petition or the passage or defeat of a measure in this state.

14.

A political committee that registers according to federal law is not required to file a campaign disclosure statement in accordance with this chapter for a reporting period in which the political committee maintains a campaign balance and does not receive a contribution or make an expenditure that is reportable under this chapter.

16.1-08.2-03.

Pre-election, supplemental, and year-end campaign disclosure statement requirements for candidates, candidate committees, multicandidate committees, political committees, and nonstatewide political parties.

1.

Before a primary or special election, and before and following a general election, a candidate or candidate committee formed on behalf of the candidate, a multicandidate political committee, a political committee, or a nonstatewide political party soliciting or accepting contributions shall file a campaign disclosure statement from:

a.

January first through April thirtieth before a primary election.

b.

May first through September thirtieth before a general election.

c.

October first through December thirty-first following a general election.

d.

January first through the fortieth day before a special election.

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19 25.0517.03008 Sixty-ninth Legislative Assembly 2.

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 nonstatewide political party that has not endorsed or nominated any candidate in the election is not required to file a statement under subsection 1, but is required to file a statement under subsection 6.

3.

The statement before a primary, general, or special election under subsection 1 may be submitted for filing beginning on the day following the end of the reporting period and must be submitted before the eighth day following the reporting period.

The statement following the general election may be submitted for filing beginning on January first and must be submitted before February first.

4.

A statement filed under subsection 1 must include the following information:

a.

For each aggregated contribution deposited from a contributor which totals in excess of two hundred dollars during the reporting period, the:

(1) Name and the city and state of the contributor;

(2) Total amount of the contribution;

and (3) Date the last contributed amount was deposited.

b.

The total of all aggregated contributions which total in excess of two hundred dollars during the reporting period.

c.

The total of all contributions deposited from contributors that contributed two hundred dollars or less during the reporting period.

d.

A total of all expenditures made during the reporting period, separated into expenditure categories.

e.

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 last day of the reporting period and the balance of the campaign fund on the first day of the reporting period.

5.

Beginning on May first before a primary election, October first before a general election, and thirty-nine days before a special election through the day before the election, a person filing a statement under subsection 1 must file a supplemental statement within forty-eight hours of the start of the day following the deposit date of a contribution or aggregate contribution from a contributor which is in excess of five hundred dollars.

The statement must include the:

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20 25.0517.03008 Sixty-ninth Legislative Assembly a.

Name and the city and state of the contributor;

b.

Total amount of the contribution deposited during the reporting period;

and c.

Date the last contributed amount was deposited.

6.

Before February first, a candidate whose name is not on the ballot and who is not seeking election through write-in votes, or the candidate's candidate committee, a multicandidate political committee, or a nonstatewide political party soliciting or accepting contributions not required to file a statement under subsection 1 shall file a campaign disclosure statement including all contributions deposited and expenditures from January first through December thirty-first of the previous year.

The filer shall indicate on the report the corresponding reporting period, as described under subsection 1, in which each contribution was deposited and expenditure was made to determine whether the filer's aggregated totals exceed two hundred dollars for the reporting period.

The statement may be submitted for filing beginning on January first.

The statement filed according to this section must include the following information:

a.

For each aggregated contribution deposited from a contributor which totals in excess of two hundred dollars deposited during the reporting period, the:

(1) Name and the city and state of the contributor;

(2) Total amount of the contribution;

and (3) Date the last contributed amount was deposited.

b.

The total of all aggregated contributions from contributors which total in excess of two hundred dollars during the reporting period.

c.

The aggregated total of contributions deposited from contributors that contributed two hundred dollars or less during the reporting period.

d.

A total of all expenditures made during the reporting period, separated into expenditure categories.

e.

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 last day of the reporting period and the balance of the campaign fund on the first day of the reporting period.

7.

Contributions received from a contributor and expenditures made which total two hundred dollars or less in the aggregate filed under this section during the Page No.

21 25.0517.03008 Sixty-ninth Legislative Assembly calendar year are exempt records under chapter 44-04 and reported as part of aggregate totals only.

For purposes of this subsection, the aggregate contributions must be calculated based on the calendar year, not the reporting period.

8.

A candidate, a candidate committee formed on behalf of a candidate, or a multicandidate committee for county office, city office, or school district office shall report aggregated contributions and expenditures of two hundred dollars or less under this section.

9.

A person required to file a statement under this section 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.

16.1-08.2-04.

Pre-election, supplemental, and year-end campaign disclosure statement requirements for statewide political parties and certain political committees.

1.

Before a primary or special election, and before and following a general election, a statewide political party or a political committee not required to file under section 16.1-08.2-03 which is soliciting or accepting contributions shall file a campaign disclosure statement including all contributions and expenditures from:

a.

January first through April thirtieth before a primary election;

b.

May first through September thirtieth before a general election;

c.

October first through December thirty-first following a general election;

and d.

January first through the fortieth day before a special election.

2.

A statewide political party that has not endorsed or nominated a candidate in the election or a political committee not soliciting or accepting contributions is not required to file a statement under subsection 1, but is required to file a statement under subsection 5.

3.

The statement before a primary, general, or special election may be submitted for filing beginning on the day following the end of the reporting period and must be submitted before the eighth day following the reporting period.

The statement following the general election may be submitted for filing beginning on January first and must be submitted before February first.

The statement must include:

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22 25.0517.03008 Sixty-ninth Legislative Assembly a.

The total of all contributions and expenditures which total in excess of two hundred dollars during the reporting period and the aggregated total of contributions and expenditures which are two hundred dollars or less during the reporting period.

b.

The balance of the campaign fund on the last day of the reporting period and the balance of the campaign fund on the first day of the reporting period.

c.

For each contribution deposited during the reporting period, the:

(1) Name and the city and state of the contributor;

(2) Total amount of the contribution;

and (3) Date the last contributed amount was deposited.

d.

For each expenditure during the reporting period, the:

(1) Name of the recipient and location of purchase;

(2) Total amount of the expenditure made to the recipient;

(3) Date of the expenditure;

and (4) Expenditure category.

4.

Beginning on May first before a primary election, October first before a general election, and thirty-nine days before a special election through the day before the election, a person filing a statement under subsection 1 shall file a supplemental statement within forty-eight hours of the start of the day following the deposit date of a contribution or aggregate contribution from a contributor which is in excess of five hundred dollars.

The statement must include the:

a.

Name and the city and state of the contributor;

b.

Total amount of the contribution deposited during the reporting period;

and c.

Date the last contributed amount was deposited.

5.

Before February first, a statewide political party or a political committee that is not required to file a statement under subsection 1 shall file a campaign disclosure statement including all contributions deposited and expenditures from January first through December thirty-first of the previous year.

The filer shall indicate on the report the corresponding reporting period, as described under subsection 1, for which each contribution was deposited and expenditure was made to determine whether the filer's Page No.

23 25.0517.03008 Sixty-ninth Legislative Assembly aggregated totals exceed two hundred dollars for the reporting period.

The statement must include:

a.

The total of all contributions and expenditures which total in excess of two hundred dollars during the reporting period and the aggregated total of contributions and expenditures which are two hundred dollars or less during the reporting period.

b.

The total of all aggregated expenditures from campaign funds reported in expenditure categories.

c.

The balance of the campaign fund on the last day of the reporting period and the balance of the campaign fund on the first day of the reporting period.

d.

For each contribution deposited during the reporting period, the:

(1) Name and the city and state of the contributor;

(2) Total amount of the contribution;

and (3) Date the last contributed amount was deposited.

e.

For each expenditure during the reporting period, the:

(1) Name of the recipient and location of purchase;

(2) Total amount of the expenditure made to the recipient;

(3) Date of the expenditure;

and (4) Expenditure category.

6.

Contributions received from a contributor and expenditures made which total two hundred dollars or less in the aggregate filed under this section during the calendar year are exempt records under chapter 44-04 and reported as part of aggregate totals only.

For purposes of this subsection, the aggregate contributions must be calculated based on the calendar year, not the reporting period.

7.

A person required to file a statement under this section 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.

8.

A person filing a statement under this section shall file the statement with the secretary of state.

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24 25.0517.03008 Sixty-ninth Legislative Assembly 16.1-08.2-05.

Special requirements for state political parties.

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 deposited or expenditures made within the calendar year.

4.

The statement filed under this section must show:

a.

The balance of the filer's convention accounts at the start and close of the reporting period.

b.

The total of all revenue deposited and expenditures made of two hundred dollars or less.

c.

The total of all revenue deposited and expenditures made in excess of two hundred dollars.

d.

For revenues received and deposited, the:

(1) Name of each person providing the revenue;

(2) City and state of each person providing revenue;

(3) Date of the most recent deposit of revenue from each person providing revenue;

and (4) Purpose or purposes for which revenue was deposited from each person.

e.

For each expenditure made, the:

(1) Name of each person to which the expenditure was made;

(2) City and state of each person to which the expenditure was made;

(3) Date of the most recent expenditure made to each person or entity;

and (4) Purpose or purposes for which the aggregated expenditure total was disbursed to each person or entity.

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25 25.0517.03008 Sixty-ninth Legislative Assembly f.

The total of all contributions and expenditures which total in excess of two hundred dollars during the reporting period.

g.

The aggregated total of contributions and expenditures which are two hundred dollars or less during the reporting period.

h.

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.

5.

Revenues received and expenditures made of two hundred dollars or less in the aggregate during the calendar year are exempt records under chapter 44-04 and reported as part of aggregate totals only.

For purposes of this subsection, the aggregate revenues and contributions must be calculated based on the calendar year, not the reporting period.

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 16.1-08.2-04.

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 16.1-08.2-04.

8.

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 the:

a.

Balance of the building fund on January first;

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26 25.0517.03008 Sixty-ninth Legislative Assembly b.

Name and the city and state of each donor;

c.

Amount of each donation;

d.

Date each donation was deposited;

e.

Name and the city and state of each recipient of an expenditure;

f.

Amount of each expenditure;

g.

Date each expenditure was made;

and h.

Balance of the fund on December thirty-first.

16.1-08.2-06.

Special requirements for statements required of persons engaged in activities regarding ballot measures.

1.

For each reportable contribution and expenditure under section 16.1-08.2-04, the threshold for reporting is one hundred dollars for any person engaged in activities described in subdivision e of subsection 13 of section 16.1-08.2-01.

2.

For contributions deposited from any contributor, a person engaged in activities described in subdivision e of subsection 13 of section 16.1-08.2-01 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 16.1-08.2-04:

a.

A designation as to whether any person contributed in excess of one hundred dollars of the total contribution;

b.

The name and the city and state of each subcontributor contributing 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.