16.1-09 Statement of Interests - North Dakota Statutes

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CHAPTER 16.1-09STATEMENT OF INTERESTS16.1-09-01. Declaration of policy. The legislative assembly declares that public officeis 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 shallsign 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 sixtieth day before the election.16.1-09-03. Contents of statement of interests. The statement of interests required tobe filed under this chapter applies to the candidate or appointee and that person's spouse and
must include:1.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.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.Page No. 116.1-09-05.Powers and duties of the secretary of state and county and cityauditors. 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.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.16.1-09-06.Procedure for enforcement - Investigation by attorney general orstate'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 areconfidential 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 whointentionally 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.Page No. 2Document Outlinechapter 16.1-09 statement of interests