NDPI Press Release On HB 1521

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IMMEDIATE RELEASE

January 18, 2019


MEDIA CONTACTS
Dina Butcher, President
North Dakotans for Public Integrity, Inc.
701.391.8679, ​dina.wtba@midconetwork.com
or
Ellen Chaffee, Vice President
North Dakotans for Public Integrity, Inc.
701.840.1780, ​ellen.chaffee@gmail.com

Legislators’ Bill Would Significantly​ Undermine State Constitution Article 14,


Enacted by Voters as Measure 1 in November 2018

HB 1521, advanced by legislators to implement the Ethics Commission amendment to the state
constitution, significantly undermines the people’s right to know who is paying to influence
elections and government action, eviscerates and cripples the new ethics commission, and
lowers ethical standards for public officials.

When North Dakota voters approved Measure 1 and created Article 14 of the state constitution,
they mandated that state government become more transparent and accountable. If passed, HB
1521 will have the opposite effect, making a mockery of the people’s vote.

HB 1521 unconstitutionally:
● Restricts the public’s right to know the true source of funds spent to influence elections
and government action.
● Usurps responsibilities of the Ethics Commission.
● Restricts transparency of lobbying efforts to influence state government action.
● Requires the Ethics Commission to operate like an administrative agency for rulemaking.
● Does not establish the new Ethics Commission until seven months after the requirement
in Article 14.
● Gives both legislators and administrative hearing officers the right to overturn decisions
by a Constitutional agency.
● Allows for more unreported gifts to public officials rather than limiting them as Article 14
requires.

Office: 317 S. Mandan Street, Bismarck ND 58501 701.595.0667


Mail: 1515 Burnt Boat Road, Ste C-273, Bismarck ND 58503 NDintegrity.org
● Imposes very low, almost meaningless penalties on most violations under Article 14,
while threatening ethics complainants and ethics commissioners with felonies and civil
and criminal defamation lawsuits.
● Locates the Ethics Commission inside a state agency whose director reports to the
governor, giving rise to a conflict of interest and privacy concerns.
● Provides inadequate funding for the important work of the Ethics Commission, but
requires rapid response to complaints using investigators and attorneys that it cannot
meaningfully afford.

This bill does not implement Article 14, it undermines the article and holds the state Constitution
in contempt. Voting for HB 1521 would violate lawmakers’ oath to uphold the Constitution. The
results will include less ethical government and wasted taxpayer dollars on lawsuits.

Because the bill rejects the spirit and requirements of Article 14, HB 1521 cannot be repaired by
amendment. North Dakotans for Public Integrity urges the defeat of HB 1521.

ABOUT NORTH DAKOTANS FOR PUBLIC INTEGRITY


Over a dozen leading North Dakotans from across the political spectrum, including former
elected and appointed public officials, educators, public policy specialists, and attorneys,
worked tirelessly for almost two years to develop Measure 1, the North Dakota Anti-Corruption
Amendment to improve transparency, integrity, and accountability in state government. North
Dakota voters approved Measure 1 on November 6, 2018, and the amendment is now Article
XIV of the state Constitution.

The mission of North Dakotans for Public Integrity is to educate and inform North Dakotans
about the importance of integrity and public accountability by government institutions.

Office: 317 S. Mandan Street, Bismarck ND 58501 701.595.0667


Mail: 1515 Burnt Boat Road, Ste C-273, Bismarck ND 58503 NDintegrity.org

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