§ 16.1-10-02 — Use of state or political subdivision services or property for political purposes

North Dakota § 16.1-10-02

• Jurisdiction: North Dakota
• Title 16.1: Elections
• Ch. 16.1-10: Corrupt Practices

Text

purposes.
1. No person may use any property belonging to or leased by, or any service which is
provided to or carried on by, either directly or by contract, the state or any agency,
department, bureau, board, commission, or political subdivision thereof, for any
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 to
a statewide initiated or referred measure, a constitutional amendment or
measure, a political subdivision ballot measure, or 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 public office or a position taken in any bona fide news story,
commentary, or editorial. Factual information may be presented regarding a ballot
question solely for the purpose of educating voters if the information does not
advocate for or against or otherwise reflect a position on the adoption or rejection
of the ballot question.
b. "Property" includes motor vehicles, telephones, typewriters, adding machines,
postage or postage meters, funds of money, and buildings. However, nothing in
this section may be construed to prohibit any candidate, political party,
committee, or organization from using any public building for such political
meetings as may be required by law, or to prohibit such candidate, party,
committee, or organization from hiring the use of any public building for any
political purpose if such lease or hiring is otherwise permitted by law.
c. "Services" includes the use of employees during regular working hours for which
such employees have not taken annual or sick leave or other compensatory
leave.