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

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 such statements shall do so 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. 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. 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

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: 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

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

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

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

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

Prepare and publish guidelines setting forth recommended uniform methods of reporting for use by persons required to file statements under this chapter

Adopt such rules and regulations, in the manner prescribed by chapter 28-32, as may be appropriate to effectuate the purposes of this chapter

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Page No. 1 Accept and file any statement submitted pursuant to 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

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

Preserve statements filed under this chapter for the term of office to which the person making disclosure is elected or appointed or until a new statement is filed and preserve statements filed pursuant to this chapter by those candidates who are not elected or appointed for a period of one year after the date of receipt

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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

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