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Difference between revisions of "Campaign finance requirements for North Dakota ballot measures"

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===Measure committee===
 
===Measure committee===
  
Any group in support or opposition of a ballot measure in North Dakota is defined as a measure committee<ref>[http://www.legis.nd.gov/cencode/t161c081.pdf ''North Dakota Secretary of State'' "North Dakota Campaign Finance Law"](Referenced Statute 16.1-08.1-01(8)(e) North Dakota Century Code)</ref>.
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Any group in support or opposition of a ballot measure in North Dakota is defined as a measure committee<ref>[http://www.legis.nd.gov/cencode/t161c081.pdf ''North Dakota Secretary of State'', "North Dakota Campaign Finance Law"](Referenced Statute 16.1-08.1-01(8)(e) North Dakota Century Code)</ref>.
  
 
===Statement of organization===
 
===Statement of organization===
  
Any measure committee must register a Statement of Organization with the appropriate filing officer within fifteen days of receiving contributions or making expenditures<ref>[http://www.legis.nd.gov/cencode/t161c081.pdf ''North Dakota Secretary of State'' "North Dakota Campaign Finance Law"](Referenced Statute 16.1-08.1-03.2 North Dakota Century Code)</ref>.
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Any measure committee must register a Statement of Organization with the appropriate filing officer within fifteen days of receiving contributions or making expenditures<ref>[http://www.legis.nd.gov/cencode/t161c081.pdf ''North Dakota Secretary of State'', "North Dakota Campaign Finance Law"](Referenced Statute 16.1-08.1-03.2 North Dakota Century Code)</ref>.
  
 
===The 48 Hours in 20 days rule===
 
===The 48 Hours in 20 days rule===
  
North Dakota Law requires any measure committee to report any contributions over $500 in aggregate or one time in the final 20 days of the election.  The report must be filed with the North Dakota Secretary of State<ref>[http://www.legis.nd.gov/cencode/t161c081.pdf ''North Dakota Secretary of State'' "North Dakota Campaign Finance Law"](Referenced Statute 16.1-08.1-03, 16.1-08.1-03.1, 16.1-08.1-03.3, 16.1-08.1-03.8, 16.1-08.1-03.9 North Dakota Century Code)</ref>.
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North Dakota Law requires any measure committee to report any contributions over $500 in aggregate or one time in the final 20 days of the election.  The report must be filed with the North Dakota Secretary of State<ref>[http://www.legis.nd.gov/cencode/t161c081.pdf ''North Dakota Secretary of State'', "North Dakota Campaign Finance Law"](Referenced Statute 16.1-08.1-03, 16.1-08.1-03.1, 16.1-08.1-03.3, 16.1-08.1-03.8, 16.1-08.1-03.9 North Dakota Century Code)</ref>.
  
 
==Campaign finance requirements==
 
==Campaign finance requirements==
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===Corporate/labor contributions===
 
===Corporate/labor contributions===
  
North Dakota bans all corporations and labor unions from donating to candidates, candidate committees, state and local party organizations, and whenever a legislative referred ballot measure is in debate through the North Dakota Legislature<ref>[http://www.legis.nd.gov/cencode/t161c081.pdf ''North Dakota Legislature'' "North Dakota Century Code"](Referenced Statute 16.1-08.1-03.3, North Dakota Century Code)</ref>.
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North Dakota bans all corporations and labor unions from donating to candidates, candidate committees, state and local party organizations, and whenever a legislative referred ballot measure is in debate through the North Dakota Legislature<ref>[http://www.legis.nd.gov/cencode/t161c081.pdf ''North Dakota Legislature'', "North Dakota Century Code"](Referenced Statute 16.1-08.1-03.3, North Dakota Century Code)</ref>.
  
 
===Direct Expenditures===
 
===Direct Expenditures===
  
Corporations are allowed by North Dakota law to make direct expenditures in support or opposition of a ballot measure.  If an expenditure is made by a corporation, the corporation must file a registration statement and file all appropriate reports with the North Dakota Secretary of State<ref>[http://www.legis.nd.gov/cencode/t161c081.pdf ''North Dakota Secretary of State'' "North Dakota Campaign Finance Law"](Referenced Statute 16.1-08.1-03.5(1) North Dakota Century Code)</ref>.
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Corporations are allowed by North Dakota law to make direct expenditures in support or opposition of a ballot measure.  If an expenditure is made by a corporation, the corporation must file a registration statement and file all appropriate reports with the North Dakota Secretary of State<ref>[http://www.legis.nd.gov/cencode/t161c081.pdf ''North Dakota Secretary of State'', "North Dakota Campaign Finance Law"](Referenced Statute 16.1-08.1-03.5(1) North Dakota Century Code)</ref>.
  
 
===Reporting funds===
 
===Reporting funds===
  
Under North Dakota law, any group that is in support or opposition of a ballot measure must file a campaign finance report if a person or a committee has received any contributions from a person in excess of one hundred dollars ($100).  This requirement also applies to out of state donors<ref>[http://www.legis.nd.gov/cencode/t161c081.pdf ''North Dakota Secretary of State'' "North Dakota Campaign Finance Law"](Referenced Statute 16.1-08.1-03.1 North Dakota Century Code)</ref>.
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Under North Dakota law, any group that is in support or opposition of a ballot measure must file a campaign finance report if a person or a committee has received any contributions from a person in excess of one hundred dollars ($100).  This requirement also applies to out of state donors<ref>[http://www.legis.nd.gov/cencode/t161c081.pdf ''North Dakota Secretary of State'', "North Dakota Campaign Finance Law"](Referenced Statute 16.1-08.1-03.1 North Dakota Century Code)</ref>.
  
 
==Reporting requirements and reports==
 
==Reporting requirements and reports==
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==Campaign advertising restrictions==
 
==Campaign advertising restrictions==
  
All campaigns issuing advertisements for a ballot measure must have the name of the committee and the treasurer disclosed<ref>[http://www.nd.gov/sos/forms/pdf/camp-help-pract.pdf ''North Dakota Secretary of State'' "Helpful Campaign Practices"](See Page 10)</ref>.
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All campaigns issuing advertisements for a ballot measure must have the name of the committee and the treasurer disclosed<ref>[http://www.nd.gov/sos/forms/pdf/camp-help-pract.pdf ''North Dakota Secretary of State'', "Helpful Campaign Practices"](See Page 10)</ref>.
  
 
==Terminating a committee==
 
==Terminating a committee==

Latest revision as of 08:15, 7 May 2014

Campaign finance requirements for North Dakota ballot measures are promulgated by the North Dakota Secretary of State. The Secretary of State handles all administrative and reporting functions of campaign finance in North Dakota. The Secretary of State maintains an online disclosure database on all groups in support or opposition of a ballot measure in North Dakota[1].

If someone feels a person or a group violated North Dakota campaign finance law, the first step is to file a complaint with the North Dakota Secretary of State. Once the complaint is received, the North Dakota Attorney General is responsible for all investigations and disciplinary action of campaign finance violations[2].

General requirements

Measure committee

Any group in support or opposition of a ballot measure in North Dakota is defined as a measure committee[3].

Statement of organization

Any measure committee must register a Statement of Organization with the appropriate filing officer within fifteen days of receiving contributions or making expenditures[4].

The 48 Hours in 20 days rule

North Dakota Law requires any measure committee to report any contributions over $500 in aggregate or one time in the final 20 days of the election. The report must be filed with the North Dakota Secretary of State[5].

Campaign finance requirements

Contribution limits

There are no contribution limits for ballot measure committees in North Dakota.

Corporate/labor contributions

North Dakota bans all corporations and labor unions from donating to candidates, candidate committees, state and local party organizations, and whenever a legislative referred ballot measure is in debate through the North Dakota Legislature[6].

Direct Expenditures

Corporations are allowed by North Dakota law to make direct expenditures in support or opposition of a ballot measure. If an expenditure is made by a corporation, the corporation must file a registration statement and file all appropriate reports with the North Dakota Secretary of State[7].

Reporting funds

Under North Dakota law, any group that is in support or opposition of a ballot measure must file a campaign finance report if a person or a committee has received any contributions from a person in excess of one hundred dollars ($100). This requirement also applies to out of state donors[8].

Reporting requirements and reports

North Dakota uses a semi-annual reporting system when administering general campaign finance reporting in North Dakota. Measure committees are only required to file three reports every year. North Dakota also uses a cumualtive reporting system in which they add contributions from the previous reporting period in determining a campaign's financial position.

Pre-primary report

This report covers all campaign finance activity for measure committees from January 1, 2010 to May 19, 2010. This report is due on May 27, 2010[9].

Pre-general report

This report covers all campaign finance activity for measure committees from January 1, 2010 to October 13, 2010. This report is due on October 21, 2010[9].

Annual report

This is the final campaign finance report for a measure committee. The report is a cumualtive report that takes all campaign finance activity from January 1, 2010 to December 31, 2010. The report is due on January 31, 2011[9].

Additional reports

In addition to the above required reports, any committee sponsoring an initiated petition request must submit reports of campaign finance and contributions at the following times:[10][11]

1. At the time the sponsoring committee for an initiated petition requests approval of the secretary of state to circulate petitions for the purpose of placing a measure on the ballot, the committee also shall submit a statement disclosing the contributions received and the expenditures made for the purpose of drafting the petition.
2. At the time the sponsoring committee for an initiated petition submits signed petitions to the secretary of state, the committee also shall submit a statement disclosing the contributions received and expenditures made for the purpose of circulating the petition.
3. If December thirty-first falls between the date the secretary of state approves the petition for circulation and the date the signed petitions are submitted to the secretary of state, a complete statement for the calendar year shall be filed no later than the thirty-first day of January of the following year.
4. The sponsoring committee also shall file a complete statement for the calendar year in which the measure appeared or was to appear on the ballot. This statement shall be filed no later than the thirty-first day of January of the following year.
5. A sponsoring committee may not accept a contribution of more than one hundred dollars from an out-of-state person or political committee unless the contribution is accompanied by a statement from the contributor listing the name, address, and amount contributed by each person that contributed more than one hundred dollars of the contribution. The statement must indicate if no person contributed in excess of one hundred dollars of the out-of-state person's or political committee's overall contribution. The statement must also list the occupation, employer, and principal place of business for each individual who contributed more than one hundred dollars of the contribution.[12]

These reports must include:[10][11]

a. The gross total of all contributions received and expenditures made in excess of one hundred dollars;
b. The gross total of all contributions received and expenditures made of one hundred dollars or less;
c. The cash on hand in the filer's account at the start and close of the reporting period;
d. The name and mailing address of each person that contributed in excess of one hundred dollars to the sponsoring committee;
e. The amount of each reportable contribution;
f. The date each reportable contribution was received;
g. The name and mailing address of each recipient of an expenditure exceeding one hundred dollars in the aggregate;
h. The amount of each reportable expenditure; and
i. The date the expenditure was made.[12]

Campaign advertising restrictions

All campaigns issuing advertisements for a ballot measure must have the name of the committee and the treasurer disclosed[13].

Terminating a committee

Under North Dakota law, all ballot measure committees must re-register on an annual basis after the January 31st deadline. The annual report is considered to be a termination statement[14].

External links

References

  1. North Dakota Secretary of State" North Dakota Campaign Finance Law"(Referenced Statute 16.1-09-05 North Dakota Century Code)
  2. North Dakota Secretary of State" North Dakota Campaign Finance Law"(Referenced Statute 16.1-09-06 North Dakota Century Code)
  3. North Dakota Secretary of State, "North Dakota Campaign Finance Law"(Referenced Statute 16.1-08.1-01(8)(e) North Dakota Century Code)
  4. North Dakota Secretary of State, "North Dakota Campaign Finance Law"(Referenced Statute 16.1-08.1-03.2 North Dakota Century Code)
  5. North Dakota Secretary of State, "North Dakota Campaign Finance Law"(Referenced Statute 16.1-08.1-03, 16.1-08.1-03.1, 16.1-08.1-03.3, 16.1-08.1-03.8, 16.1-08.1-03.9 North Dakota Century Code)
  6. North Dakota Legislature, "North Dakota Century Code"(Referenced Statute 16.1-08.1-03.3, North Dakota Century Code)
  7. North Dakota Secretary of State, "North Dakota Campaign Finance Law"(Referenced Statute 16.1-08.1-03.5(1) North Dakota Century Code)
  8. North Dakota Secretary of State, "North Dakota Campaign Finance Law"(Referenced Statute 16.1-08.1-03.1 North Dakota Century Code)
  9. 9.0 9.1 9.2 North Dakota Secretary of State" North Dakota Campaign Finance Law"(Referenced Statute 16.1-08.1-03.1(3) North Dakota Century Code)
  10. 10.0 10.1 North Dakota Senate Bill 2299 (2013)
  11. 11.0 11.1 National Conference of State Legislatures website database, accessed January 27, 2014
  12. 12.0 12.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
  13. North Dakota Secretary of State, "Helpful Campaign Practices"(See Page 10)
  14. [Confirmed with North Dakota Secretary of State-Campaign Finance on 12-16-2009]