LobbyComply Blog

The Office of the Secretary of State is requesting federal PACs continue to report as they have in the past until the impact of a recent opinion by the Attorney General is clarified. North Dakota Attorney General Letter Opinion 2025-L-01 required federal PACs to report as a state PAC, in addition to the specified statutory provisions simply requiring federal PACs to file a copy of their FEC reports disclosing the state activity. In consultation with the Office of Attorney General, the Office of Secretary of State is implementing a hold on changes to reporting for federally formed PACs until greater clarity can be provided. The opinion has raised a number of questions because federal PACs have a statutory exemption from registration as a state PAC when complying with the FEC copy requirements. 

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Secretary of State Michael Howe announced a major upgrade to North Dakota’s Campaign Finance System and launched a new Statement of Interests System on January 1. The upgraded Campaign Finance Reporting System will provide a user-friendly interface for reporting campaign finance donations and expenditures for political candidates and committees. Interested parties are invited to attend a demonstration and Q&A session related to using the public search capabilities from 3 p.m. to 4 p.m. on Monday, January 26. A link to join the virtual demonstration will be available at https://www.sos.nd.gov/elections by January 16.

Attorney General Drew Wrigley issued an opinion to the North Dakota Office of Secretary of State finding Ethics Commission Advisory Opinion 25-01, regarding candidate campaign expenses, exceeded the commission’s authority to issue advisory opinions. Per Letter Opinion 2025-L-03, the Ethics Commission is limited to issuing opinions based on specified facts or conduct and is not authorized to issue legal conclusions. This opinion follows the earlier 2025-L-01 opinion by Wrigley requiring federal PACs active in state elections to report as a state PAC, in addition to the specified statutory provisions simply requiring federal PACs to file a copy of their FEC reports disclosing the state activity. Despite the statutory exemption from registration for federal PACs, the Elections Division of the Office of Secretary of State has confirmed the only way to file reports in the campaign finance reporting system is by registering with the Office of Secretary of State.

Gov. Kelly Armstrong informed legislative leaders January 21, 2026 is the tentative date for a special session of the 69th Legislative Assembly to act on anticipated federal funding for North Dakota’s Rural Health Transformation Program. Once the state receives notice of the funding award from CMS, the governor will issue an executive order officially convening the Legislature for the special session.

The 69th Legislative Assembly adjourned sine die just after 4:00 a.m. on May 3, using up 74 of its 80 days permitted days to pass almost 600 of the 1,089 bills introduced, the highest volume of legislation since 2009. Six days remain for a special session. Lawmakers passed two bills affecting campaign finance laws and effective August 1, 2025. House Bill 1204 expands the prohibition on the publication of false information in political advertisements to text messages, telephone calls, social media, or any other commercial medium. House Bill 1167 requires that any political communication or advertising using artificial intelligence to impersonate a human must prominently display a disclaimer.

The Ethics Commission issued an advisory opinion clarifying rules regarding exceptions to the gift ban. Advisory Opinion 24-02 states an organization hosting a conference where attendees pay for their meals can cover the cost of a legislator’s meal if the event otherwise meets the criteria for a private or public social and educational event. In order to qualify as a public or private social and educational event, the event must occur in the state of North Dakota; include an educational component; lobbyists and public officials may not be the only state residents in attendance; and the sponsor must electronically file a prior notice with the Ethics Commission. The commission requests event sponsors submit these notices no less than a week in advance. The opinion also states gifts or other things of value shared as a cultural or social norm as part of a qualified public or private social and educational event must reflect the traditions, heritage, values, and beliefs of a group of people. Examples include star quilts from members of tribal nations, gifts between political dignitaries, or a personalized plaque or certificate with the recipient’s name which has no independent resale value.

North Dakota’s lone congressman, Republican U.S. Rep. Kelly Armstrong, easily won election as North Dakota’s next governor, continuing the GOP’s three-decade grip on the highest job in the conservative state.

Armstrong beat Democratic state Sen. Merrill Piepkorn and independent candidate Michael Coachman for the post by receiving 68.3% of the vote.

Armstrong will be sworn in on Dec. 15, weeks before the biennial Legislature convenes with an expected Republican supermajority in Bismarck.

He will succeed outgoing GOP Gov. Doug Burgum, who did not seek a third term.

Republicans have held the governor’s office since 1992.

State Sen. Doug Larsen, his wife, and their two young children died when the small plane they were in crashed in Utah.

Larsen was first elected to the Senate in 2020 and chaired a Senate panel focused on industry and business legislation.

Larsen’s District 34 comprises Mandan, the city neighboring Bismarck to the west across the Missouri River.

District 34 Republicans will appoint a successor to fill out the remainder of Larsen’s term, through November 2024.

The 68th Legislative Assembly adjourned sine die on April 30 after passing 583 bills including two amending the ethics code.

Senate Bill 2048 requires each legislative assembly to adopt conflict of interest rules.

House Bill 1257 requires school board candidates seeking office in districts with at least 1,000 students to file financial disclosures.

This applies to more than 15 public districts, including Fargo, West Fargo, Grand Forks, and Bismarck. Both bills are effective August 1.

The North Dakota Legislature adjourned the special session on November 12 after approving the redistricting maps and passing several other bills including bills banning critical race theory in schools and vaccinee mandates. This does not affect lobbyist reporting. 

North Dakota Gov. Doug Burgum has called a special session of the Legislature to begin November 8.

Lawmakers had announced a special session in September to begin November 8 but Burgum’s announcement means lawmakers will not be limited to the four days allotted under the constitution when the Legislature calls itself into session.

House Majority Leader Chet Pollert said they will determine whether a veto session will be necessary during the special session.

This does not affect lobbyist reporting.

North Dakota Secretary of State Al Jaeger approved petitions for term limits, changes to the constitutional amendment process, and to recall state House District 24 Rep. Dwight Kiefert.

The term limits petition would limit the governor and legislators to eight years of service, though lawmakers could serve up to eight years each in the House of Representatives and the Senate.

The measure also prohibits the Legislature from proposing a constitutional amendment to eliminate the term limits in the future.

The petition to change the process for constitutional amendments would raise voter approval from a simple majority to 60% and limit ballot measures to a single issue.

The petition by a group of lawmakers to recall Kiefert is in response to his vote to expel a colleague accused of sexual harassment earlier this year.

He is one of several representatives who were censured for the vote to expel Rep. Luke Simmons.

Each petition group has one year to gather the required number of signatures.

The North Dakota Ethics Commission has proposed a limited food and drink exception to the rules banning gifts between lobbyists and public officials implemented last year.

The proposed rule change adds an exception for food or beverage with a value of $10 or less, excluding gratuity, purchased for a public official in conjunction with an informal social and educational event.

The purchased food and beverage must be consumed during the event and a state resident must be present, but is not required to be the purchaser of the food or beverage.

The revised rules also define informal social and educational event as any meeting, session, or interaction occurring within the state between a public official and a state resident, including but not limited to a registered lobbyist who is a state resident, for the purpose of informing or educating the public official on a matter of interest or concern.

The proposed rule changes are open to public comment through July 9.

North Dakota Gov. Doug Burgum signed a bill amending the State Government Ethics Act to transfer authority to assess penalties for lobbyist gift and campaign contribution violations from the secretary of state to the Ethics Commission.

House Bill 1295 also makes previously mandatory penalties optional, but the lobbyist license revocation penalty for a second violation becomes mandatory if the secretary of state is notified of the violation by the Ethics Commission, a state’s attorney, or a court.

The bill also amends the North Dakota Election Code regarding campaign contribution reporting to give the secretary of state authority to audit reports if there is substantial reason to believe there are any violations.

The bill is effective immediately.