# Title 16.1 — Elections

## Chapter 16.1-09 — Statement of Interests

### § 16.1-09-01. Declaration of policy.

The legislative assembly declares that public office is a public trust, and in order to continue
the faith and confidence of the people of the state in that trust and in their government, the
people have a right to be assured that the interest of holders of or candidates for public office
present no conflict with the public trust.
### § 16.1-09-02. Statement of interests to be filed.

1. Every candidate for elective office shall sign and file the statement of interests as
required by this chapter. In a year when a president and vice president of the United
States are to be chosen, presidential and vice presidential candidates shall file with the
secretary of state either a statement of interests as required by this chapter or a copy
of the personal disclosure statement that is required by the federal election
commission. Candidates for elective office who are required to file the statements shall
file the statements with the filing officer for that election at the time of filing a certificate
of nomination, a certificate of endorsement, a petition of nomination, or a certificate of
write-in candidacy, pursuant to chapter 16.1-11, 16.1-12, or 40-21, as is appropriate.
2. An individual who has filed a statement as the result of candidacy in a primary election
need not refile before running in the following general election. A write-in candidate
who is not required to file a certificate of write-in candidacy shall file the statement of
interests after the candidate's election at the time of filing the required oath of office.
Every individual who is appointed by the governor to a state agency, board, bureau,
commission, department, or occupational or professional licensing board shall file a
statement of interests as required by this chapter with the secretary of state
simultaneously with announcement of the appointment.
3. A filing officer may not include a candidate's name on the ballot if an error is
discovered on the statement and the candidate is unable to or refuses to make the
necessary correction before the sixty-fourth day before the election.
4. While holding office, an individual required to file the statement of interests under this
section, except candidates elected to hold federal office, shall submit an annual
statement of interests to the appropriate filing officer by January thirty-first. A filing
officer shall collect fees for late filings pursuant to section 16.1-08.1-06.1.
### § 16.1-09-03. Contents of statement of interests.

The statement of interests required to be filed under this chapter applies to the candidate or
appointee and that person's spouse and must include:
1. The name of the business or employer and an identification of the principal source of
income, defined in the state income tax return as "principal occupation", of both the
candidate or appointee and that person's spouse.
2. The name of each business or trust, not the principal source of income, in which the
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,
and that person's spouse, are closely associated, or for which they serve as a director
or officer, and which may be affected by legislative action, in the case of a statement
submitted by a legislative candidate, or action by the candidate or appointee in that
person's capacity as an officeholder.
4. The identity by name of all business offices, business directorships, and fiduciary
relationships the person making the statement, and that person's spouse, have held in
the preceding calendar year.
5. A list of political subdivisions and any agency or department of the state to which the
person providing the statement, or the person's spouse, sold goods or services of
more than five thousand dollars in the preceding calendar year from:

a. An employer identified under subsection 1 in which the person or the person's
spouse has an ownership interest of ten percent or more; or
b. A business or trust identified in subsection 2 in which the person or the person's
spouse has an ownership interest of ten percent or more and the business or
trust is directly related to the official duties of the office the person is seeking or
holding.
### § 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
and furnish such forms, on request, to persons subject to this chapter.
2. Prepare and publish guidelines setting forth recommended uniform methods of
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 may
be appropriate to effectuate the purposes of this chapter.
### § 16.1-09-05. Powers and duties of the secretary of state and county and city auditors.

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 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 appropriate
governmental entity.
3. Publish all statements filed with the secretary of state under this chapter on a website
maintained by the secretary of state.
4. Preserve statements filed under this chapter for the term of office to which the person
making disclosure is elected or appointed. Preserve statements filed under this
chapter by candidates who are 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 or state's

attorney.
Upon a complaint, signed under penalty of perjury, by any person, or upon the motion of the
attorney general or a state's attorney, the attorney general or state's attorney shall investigate
any alleged violation of this chapter. The investigation and its proceedings are confidential until
a determination has been reached by the investigating officer that enough incriminating
evidence exists to bring an action and such action is commenced in the appropriate district
court.
### § 16.1-09-07. Effect of intentional violation of chapter - Penalty.

Any person who intentionally violates a provision of this chapter is guilty of a class B
misdemeanor and that person's appointment, nomination, or election, as the case may be, must
be declared void. Any vacancy that may result from the intentional violation of this chapter must
be filled in the manner provided by law. This section does not remove from office a person who
is already in office and who has entered upon the discharge of the person's duties where such
office is subject to the impeachment provisions of the Constitution of North Dakota.
