16.1-10 Corrupt Practices
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<![CDATA[CHAPTER 16.1-10CORRUPT PRACTICES16.1-10-01. Corrupt practice - What constitutes. A person is guilty of corrupt practicewithin the meaning of this chapter if the person willfully engages in any of the following:1.Expends any money for election purposes contrary to the provisions of this chapter.2.Engages in any of the practices prohibited by section 12.1-14-02 or 12.1-14-03.3.Is guilty of the use of state services or property or the services or property of a<br>political subdivision of the state for political purposes.16.1-10-02. Use of state or political subdivision services or property for politicalpurposes.1.No person may use any property belonging to or leased by, or any service which is<br>provided to or carried on by, either directly or by contract, the state or any agency,<br>department, bureau, board, commission, or political subdivision thereof, for any<br>political purpose.2.The following definitions must be used for the purposes of this section:a."Political purpose" means any activity undertaken in support of or in opposition<br>to the election or nomination of a candidate to public office and includes using<br>"vote for", "oppose", or any similar support or opposition language in any<br>advertisement whether the activity is undertaken by a candidate, a political<br>committee, a political party, or any person. In the period thirty days before a<br>primary election and sixty days before a special or general election, "political<br>purpose" also means any activity in which a candidate's name, office, district, or<br>any term meaning the same as "incumbent" or "challenger" is used in support<br>of or in opposition to the election or nomination of a candidate to public office.<br>The term does not include activities undertaken in the performance of a duty of<br>a state office or a position taken in any bona fide news story, commentary, or<br>editorial.b."Property" includes motor vehicles, telephones, typewriters, adding machines,<br>postage or postage meters, funds of money, and buildings. However, nothing<br>in this section may be construed to prohibit any candidate, political party,<br>committee, or organization from using any public building for such political<br>meetings as may be required by law, or to prohibit such candidate, party,<br>committee, or organization from hiring the use of any public building for any<br>political purpose if such lease or hiring is otherwise permitted by law.c."Services" includes the use of employees during regular working hours for<br>which such employees have not taken annual or sick leave or other<br>compensatory leave.16.1-10-03.Political badge, button, or insignia at elections.On the day of anelection, no person may buy, sell, give, or provide any political badge, button, or any insignia to<br>be worn at or about the polls on that day. No such political badge, button, or insignia may be<br>worn at or about the polls on any election day.16.1-10-04. Publication of false information in political advertisements - Penalty. Aperson is guilty of a class A misdemeanor if that person knowingly, or with reckless disregard for<br>its truth or falsity, publishes any political advertisement or news release that contains any<br>assertion, representation, or statement of fact, including information concerning a candidate's<br>prior public record, which is untrue, deceptive, or misleading, whether on behalf of or inPage No. 1opposition to any candidate for public office, initiated measure, referred measure, constitutional<br>amendment, or any other issue, question, or proposal on an election ballot, and whether the<br>publication is by radio, television, newspaper, pamphlet, folder, display cards, signs, posters,<br>billboard advertisements, websites, electronic transmission, or by any other public means. This<br>section does not apply to a newspaper, television or radio station, or other commercial medium<br>that is not the source of the political advertisement or news release.16.1-10-04.1. Certain political advertisements to disclose name of sponsor - Namedisclosure requirements. Every political advertisement by newspaper, pamphlet or folder,<br>display card, sign, poster, or billboard, website, or by any other similar public means, on behalf of<br>or in opposition to any candidate for public office, designed to assist, injure, or defeat the<br>candidate by reflecting upon the candidate's personal character or political action, or by a<br>measure committee, or a corporation making a direct expenditure either for or against a<br>measure, must disclose on the advertisement the name of the person, as defined in section<br>16.1-08.1-01, or political party paying for the advertisement. If the name of a political party,<br>association, or partnership is used, the disclaimer must also include the name of the chairman or<br>other responsible individual from the political party, association, or partnership. The name of the<br>person paying for any radio or television broadcast containing any advertising announcement for<br>or against any candidate for public office must be announced at the close of the broadcast. If the<br>name of a political party, association, or partnership is used, the disclaimer must also include the<br>name of the chairman or other responsible individual from the political party, association, or<br>partnership. In every political advertisement in which the name of the person paying for the<br>advertisement is disclosed, the first and last name of any named individual must be disclosed.<br>An advertisement paid for by an individual candidate or group of candidates must disclose that<br>the advertisement was paid for by the individual candidate or group of candidates. The first and<br>last name or names of the candidates paying for the advertisement are not required to be<br>disclosed. This section does not apply to campaign buttons.16.1-10-05. Paying owner, editor, publisher, or agent of newspaper to advocate oroppose candidate editorially prohibited. No person may pay or give anything of value to the<br>owner, editor, publisher, or agent of any newspaper or other periodical, or radio or television<br>station, to induce the person to advocate editorially or to oppose any candidate for nomination or<br>election, and no such owner, editor, publisher, or agent may accept such inducement.16.1-10-06. Electioneering on election day - Penalty. Any person asking, soliciting, orin any manner trying to induce or persuade, any voter on an election day to vote or refrain from<br>voting for any candidate or the candidates or ticket of any political party or organization, or any<br>measure submitted to the people, is guilty of an infraction. The display upon motor vehicles of<br>adhesive signs which are not readily removable and which promote the candidacy of any<br>individual, any political party, or a vote upon any measure, and political advertisements<br>promoting the candidacy of any individual, political party, or a vote upon any measure which are<br>displayed on fixed permanent billboards, may not, however, be deemed a violation of this<br>section.16.1-10-06.1. Paying for certain election-related activities prohibited. No personmay pay another person for:1.Any loss or damage due to attendance at the polls;2.Registering;3.The expense of transportation to or from the polls; or4.Personal services to be performed on the day of a caucus, primary election, or any<br>election which tend in any way, directly or indirectly, to affect the result of such<br>caucus or election.The provisions of this section do not apply to the hiring of a person whose sole duty it is to act as<br>a challenger and to watch the count of official ballots.Page No. 216.1-10-06.2. Sale or distribution at polling place. A person may not approach aperson attempting to enter a polling place, or who is in a polling place, for the purpose of selling,<br>soliciting for sale, advertising for sale, or distributing any merchandise, product, literature, or<br>service. A person may not approach a person attempting to enter a polling place, who is in a<br>polling place, or who is leaving a polling place for the purpose of gathering signatures for any<br>reason. These prohibitions apply in any polling place or within one hundred feet [30.48 meters]<br>from any entrance leading into a polling place on election day.16.1-10-07. Candidate guilty of corrupt practice to vacate nomination of office. Ifany person is found guilty of any corrupt practice, the person must be punished by being<br>deprived of the person's government job, or the person's nomination or election must be declared<br>void, as the case may be. This section does not remove from office a person who is already in<br>office and who has entered upon the discharge of the person's duties when such office is subject<br>to the impeachment provisions of the Constitution of North Dakota.16.1-10-08. Penalty for violation of chapter. Any person violating any provision of thischapter, for which another penalty is not specifically provided, is guilty of a class A misdemeanor.Page No. 3Document Outlinechapter 16.1-10 corrupt practices]]>