16.1-09 Statement of Interests
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<![CDATA[CHAPTER 16.1-09STATEMENT OF INTERESTS16.1-09-01. Declaration of policy. The legislative assembly declares that public officeis a public trust, and in order to continue the faith and confidence of the people of the state in that<br>trust and in their government, the people have a right to be assured that the interest of holders of<br>or candidates for public office present no conflict with the public trust.16.1-09-02. Statement of interests to be filed. Every candidate for elective office shallsign and file the statement of interests as required by this chapter. In a year when a president<br>and vice president of the United States are to be chosen, presidential and vice presidential<br>candidates shall file with the secretary of state either a statement of interests as required by this<br>chapter or a copy of the personal disclosure statement that is required by the federal election<br>commission. Candidates for elective office who are required to file such statements shall do so<br>with the filing officer for that election at the time of filing a certificate of nomination, a certificate of<br>endorsement, a petition of nomination, or a certificate of write-in candidacy, pursuant to chapter<br>16.1-11, 16.1-12, or 40-21, as is appropriate. An individual who has filed a statement as the<br>result of candidacy in a primary election need not refile before running in the following general<br>election. A write-in candidate who is not required to file a certificate of write-in candidacy shall<br>file the statement of interests after the candidate's election at the time of filing the required oath<br>of office. Every individual who is appointed by the governor to a state agency, board, bureau,<br>commission, department, or occupational or professional licensing board shall file a statement of<br>interests as required by this chapter with the secretary of state simultaneously with<br>announcement of the appointment. A filing officer may not include a candidate's name on the<br>ballot if an error is discovered on the statement and the candidate is unable to or refuses to make<br>the necessary correction before the sixtieth day before the election.16.1-09-03. Contents of statement of interests. The statement of interests required tobe filed under this chapter applies to the candidate or appointee and that person's spouse and<br>must include:1.An identification of the principal source of income, defined in the state income tax<br>return as "principal occupation", of both the candidate or appointee and that person's<br>spouse.2.The name of each business or trust, not the principal source of income, in which the<br>person making the statement, and that person's spouse, have a financial interest.3.A list of the associations or institutions with which the person making the statement,<br>and that person's spouse, are closely associated, or for which they serve as a<br>director or officer, and which may be affected by legislative action, in the case of a<br>statement submitted by a legislative candidate, or action by the candidate or<br>appointee in that person's capacity as an officeholder.4.The identity by name of all business offices, business directorships, and fiduciary<br>relationships the person making the statement, and that person's spouse, have held<br>in the preceding calendar year.16.1-09-04. Powers and duties of the secretary of state. The secretary of state shall:1.Prescribe the forms for statements of interests required to be filed under this chapter<br>and furnish such forms, on request, to persons subject to this chapter.2.Prepare and publish guidelines setting forth recommended uniform methods of<br>reporting for use by persons required to file statements under this chapter.3.Adopt such rules and regulations, in the manner prescribed by chapter 28-32, as<br>may be appropriate to effectuate the purposes of this chapter.Page No. 116.1-09-05.Powers and duties of the secretary of state and county and cityauditors. The secretary of state, or the county or city auditor, when appropriate shall:1.Accept and file any statement submitted pursuant to this chapter.2.Make statements filed available for public inspection and copying during regular<br>office hours.A reasonable fee may be charged to cover the cost of copying.Proceeds from any fees charged must be deposited in the general fund of the<br>appropriate governmental entity.3.Preserve statements filed under this chapter for the term of office to which the<br>person making disclosure is elected or appointed or until a new statement is filed<br>and preserve statements filed pursuant to this chapter by those candidates who are<br>not elected or appointed for a period of one year after the date of receipt.16.1-09-06.Procedure for enforcement - Investigation by attorney general orstate's attorney. Upon a complaint, signed under penalty of perjury, by any person, or upon the<br>motion of the attorney general or a state's attorney, the attorney general or state's attorney shall<br>investigate any alleged violation of this chapter.The investigation and its proceedings areconfidential until a determination has been reached by the investigating officer that enough<br>incriminating evidence exists to bring an action and such action is commenced in the appropriate<br>district court.16.1-09-07.Effect of intentional violation of chapter - Penalty.Any person whointentionally violates a provision of this chapter is guilty of a class B misdemeanor and that<br>person's appointment, nomination, or election, as the case may be, must be declared void. Any<br>vacancy that may result from the intentional violation of this chapter must be filled in the manner<br>provided by law. This section does not remove from office a person who is already in office and<br>who has entered upon the discharge of the person's duties where such office is subject to the<br>impeachment provisions of the Constitution of North Dakota.Page No. 2Document Outlinechapter 16.1-09 statement of interests]]>