# Title 16.1 — Elections

## Chapter 16.1-10 — Corrupt Practices

### § 16.1-10-01. Corrupt practice - What constitutes.

A person is guilty of corrupt practice within 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 political
subdivision of the state for political purposes.
### § 16.1-10-02. Use of state or political subdivision services or property for political

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.
### § 16.1-10-03. Political badge, button, or insignia at elections.

No individual may buy, sell, give, or provide any political badge, button, or any insignia
within a polling place or within one hundred feet [30.48 meters] from the entrance to the room
containing the polling place while it is open for voting. No such political badge, button, or
insignia may be worn within that same area while a polling place is open for voting.
### § 16.1-10-04. Publication of false information in political advertisements - Penalty.

1. A person is guilty of a class A misdemeanor if the person knowingly, or with reckless
disregard for its truth or falsity, publishes a political advertisement or news release
containing an assertion, representation, or statement of fact, including information

concerning a candidate's prior public record, which is untrue, deceptive, or misleading,
on behalf of or in opposition to any candidate for public office, initiated measure,
referred measure, constitutional amendment, or any other issue, question, or proposal
on an election ballot, which is published by radio, television, newspaper, text message,
telephone call, pamphlet, folder, display cards, signs, posters, billboard
advertisements, websites, electronic transmission, social media, or any other public
means or commercial medium.
2. This section does not apply to a newspaper, television or radio station, or other
commercial medium 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 - Name

disclosure requirements.
Every political advertisement by newspaper, pamphlet or folder, display card, sign, poster,
or billboard, website, or by any other similar public means, on behalf of or in opposition to any
candidate for public office, designed to assist, injure, or defeat the candidate by reflecting upon
the candidate's personal character or political action, or by a measure committee as described
in section 16.1-08.1-01, or a corporation making an independent expenditure either for or
against a measure, must disclose on the advertisement the name of the person, as defined in
section 16.1-08.1-01, or political party paying for the advertisement. If the name of a political
party, association, or partnership is used, the disclaimer must also include the name of the
chairman or other responsible individual from the political party, association, or partnership. The
name of the person paying for any radio or television broadcast containing any advertising
announcement for or against any candidate for public office must be announced at the close of
the broadcast. If the name of a political party, association, or partnership is used, the disclaimer
must also include the name of the chairman or other responsible individual from the political
party, association, or partnership. In every political advertisement in which the name of the
person paying for the advertisement is disclosed, the first and last name of any named
individual must be disclosed. An advertisement paid for by an individual candidate or group of
candidates must disclose that the advertisement was paid for by the individual candidate or
group of candidates. The first and last name or names of the candidates paying for the
advertisement are not required to be disclosed. This section does not apply to campaign
buttons.
### § 16.1-10-04.2. Use of artificial intelligence - Disclosure - Exception - Definition.

1. Any action taken for a political purpose, including communication and political
advertising in support of or opposition to a candidate, political committee, or a political
party, or for the purpose of promoting passage or defeat of initiated or referred
measures or petitions, containing images, graphics, videos, audio, text, or other digital
content created in whole or in part with the use of artificial intelligence to visually or
audibly impersonate a human, prominently must state the following disclaimer: "THIS
2. This section does not apply to content solely using artificial intelligence for text
generation, grammar correction, spelling checks, stylistic editing, or enhancing existing
content without creating a new impersonation of human likeness or voice.
3. For purposes of this section, "artificial intelligence" means a machine-based system
capable of creating images, graphics, videos, audio, text, and other digital content
based on human-defined objectives or data patterns. The term does not include
systems that are explicitly programmed with rules or tools solely designed to assist
with grammar, spelling, or word suggestions without generating human likeness or
voice.

### § 16.1-10-05. Paying owner, editor, publisher, or agent of newspaper to advocate or

oppose candidate editorially prohibited.
No person may pay or give anything of value to the owner, editor, publisher, or agent of any
newspaper or other periodical, or radio or television station, to induce the person to advocate
editorially or to oppose any candidate for nomination or election, and no such owner, editor,
publisher, or agent may accept such inducement.
### § 16.1-10-06. Electioneering within boundary of an open polling place.

1. An individual may not ask, solicit, or in any manner try to induce or persuade, any
voter within a polling place or within one hundred feet [30.48 meters] from the entrance
to the room containing a polling place while it is open for voting to vote or refrain from
voting for any candidate or the candidates or ticket of any political party or
organization, or any measure submitted to the people. The display upon motor
vehicles of adhesive signs which are not readily removable and which promote the
candidacy of any individual, any political party, or a vote upon any measure, and
political advertisements promoting the candidacy of any individual, political party, or a
vote upon any measure which are displayed on fixed permanent billboards, may not,
however, be deemed a violation of this section.
2. A vehicle or movable sign of any type containing a political message as described in
subsection 1 may be allowed to remain within the restricted area only for the period of
time necessary for the owner or operator of the vehicle or sign to complete the act of
voting.
3. Except as provided in subsection 1, a sign placed on private property which displays a
political message may not be restricted by a political subdivision, including a home rule
city or county, unless the political subdivision demonstrates a burden to the public
safety.
### § 16.1-10-06.1. Paying for certain election-related activities prohibited.

No person may pay any individual for:
1. Any loss or damage due to attendance at the polls;
2. Registering;
3. The expense of transportation to or from the polls; or
4. Personal services to be performed on the day of a caucus, primary election, or any
election which tend in any way, directly or indirectly, to affect the result of such caucus
or election.
### § 16.1-10-06.2. Sale or distribution at polling place.

A person may not approach a person attempting to enter a polling place, or who is in a
polling place, for the purpose of selling, soliciting for sale, advertising for sale, or distributing any
merchandise, product, literature, or service. A person may not approach a person attempting to
enter a polling place, who is in a polling place, or who is leaving a polling place for the purpose
of gathering signatures for any reason. These prohibitions apply in any polling place or within
one hundred feet [30.48 meters] from any entrance leading into a polling place while it is open
for voting.
### § 16.1-10-07. Candidate guilty of corrupt practice to vacate nomination of office.

If any individual is found guilty of any corrupt practice, the individual must be punished by
being deprived of the individual's government job, or the individual's nomination or election must
be declared void, as the case may be. This section does not remove from office an individual
who is already in office and who has entered upon the discharge of the individual's duties when
the office is subject 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 this chapter, for which another penalty is not
specifically provided, is guilty of a class A misdemeanor.
