North Dakota
North Dakota Ethics Commission sees uptick in campaign complaints, but lacks rules to enforce
The North Dakota Ethics Commission has seen a rise in campaign-related complaints but lacks tools to address the allegations, Executive Director Rebecca Binstock said.
Commissioners are considering adopting a new set of rules so the board has more authority to investigate the complaints.
As of late June, 23 complaints had been filed with the commission since the beginning of the year. Of those, 10 related to campaigns, Binstock said. The commission received 17 complaints in all of 2023 and 14 in 2022. In both 2023 and 2022, two complaints each year related to campaigns. Generally, ethics complaints are confidential unless the commission determines them to be substantiated and the accused has the ability to appeal.
“We’ve also received, I want to call it anecdotal information, from the public, from state agencies, state employees as well as elected officials that this particular election cycle is different,” Binstock told commissioners during a Wednesday meeting. “That anecdotal evidence aligns with what we see in real time with the complaints that have come in.”
Secretary of State Michael Howe said his office has received reports of alleged improper campaign finance disclosures on materials like signs and fliers, though he’s not sure if there’s been more this election cycle compared to previous years. The Secretary of State’s Office does not enforce compliance with campaign laws.
“We say, ‘Well, there is a requirement of that North Dakota Century Code,’” Howe said. “‘If you feel the law has been broken, you need to reach out to the state’s attorney in the county where you think this crime has been committed.’”
Recently, there have been allegations of campaign fraud in North Dakota submitted to federal authorities.
Julie Fedorchak’s campaign earlier this month filed complaints with the Federal Election Commission and Federal Communications Commission after text messages were sent en masse to North Dakotans the day of the primary falsely claiming she had dropped out of the U.S. House race.
A North Dakota resident in May filed an FEC complaint against Rep. Brandon Prichard, R-Bismarck, claiming he may have engaged in campaign finance activity that violates federal election law. Prichard has denied wrongdoing. The status of the complaint is not public.
The 2018 constitutional amendment that created the Ethics Commission allows the board to adopt rules related to elections, lobbying, corruption and transparency to enforce ethical behavior by state officials.
Under the constitution, the Ethics Commission can investigate alleged violations of its own rules, the constitutional amendment or “related state laws.”
Its ability to investigate campaign complaints is still very limited, however. For one, the commission has yet to adopt any rules on campaign ethics.
North Dakota does have statutes relating to campaign ethics — most of which impose misdemeanor penalties — which could fit the definition of “related state laws” under the constitutional amendment. However, because the commission does not have prosecution authority, it cannot investigate alleged violations of criminal law, Binstock said.
There are other ways to address complaints, though. The Ethics Commission may work with the complainant and the accused to resolve the complaint informally, for example.
Additionally, if a complaint accuses someone of a criminal violation, the Ethics Commission is required by law to forward the allegation to a state’s attorney.
State’s attorneys have discretion over whether or not to charge someone with a crime. Binstock noted during the meeting that when an ethics-related allegation crosses the desk of a state prosecutor, chances are they’re already dealing with a heavy caseload.
A letter dated May 10 provided to the North Dakota Monitor indicates that Binstock referred a complaint about a legislative race to Burleigh County State’s Attorney Julie Lawyer. The prosecutor has not responded to requests for comment and Binstock is unable to comment on specific complaints.
If a prosecutor declines to bring charges related to an ethics complaint, the case is handed back to the commission. But again, since the commission has neither prosecution authority nor any rules pertaining to elections, its staff may be unable to investigate the complaint.
“If the Ethics Commission doesn’t have a corresponding ethics rule, we’re left with a criminal statute that the Ethics Commission can’t investigate under,” Binstock said.
The commission during the meeting gave staff the greenlight to draft election rules. The draft rules will likely go before the commission for consideration sometime in the next few months, Binstock said.
In 2018, Burleigh County prosecutors charged Bismarck legislative candidate Duane Sand with a misdemeanor that alleged he misstated opponent George Keiser’s voting record in a campaign ad. The charge, publication of false information in political advertisements, was prompted by a police report Keiser filed and a finding from a prosecutor that the act fit the elements of the crime, The Bismarck Tribune reported.
Sand later filed police reports accusing Keiser and others of breaking the same law. The charge against Sand was dismissed after all involved reached a private settlement and agreed to stop pursuing the complaints.
This story was originally published on NorthDakotaMonitor.com
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North Dakota
Port: 2 of North Dakota’s most notorious MAGA lawmakers draw primary challengers
MINOT — Minot’s District 3 is home to Reps. Jeff Hoverson and Lori VanWinkle, two of the most controversial members of the Legislature, but maybe not for much longer.
District 3, like all odd-numbered districts in our state, is on the ballot this election cycle, and the House incumbents there
have just drawn two serious challengers.
Tim Mihalick and Blaine DesLauriers, each with a background in banking, have announced campaigns for those House seats. Mihalick is a senior vice president at First Western Bank & Trust and serves on the State Board of Higher Education. DesLauriers is vice chair of the board and senior executive vice president at First International Bank & Trust.
The entry into this race has delighted a lot of traditionally conservative Republicans in North Dakota
Hoverson, who has worked as a Lutheran pastor, has frequently made headlines with his bizarre antics. He was
banned from the Minot International Airport
after he accused a security agent of trying to touch his genitals. He also
objected
to a Hindu religious leader participating in the Legislature’s schedule of multi-denominational invocation leaders and, on his local radio show, seemed to suggest that Muslim cultures that force women to wear burkas
have it right.
Hoeverson has also backed legislation to mandate prayer and the display of the Ten Commandments in schools, and to encourage the end of Supreme Court precedent prohibiting bans on same sex marriage.
Tom Stromme / The Bismarck Tribune
VanWinkle, for her part, went on a rant last year in which she suggested that women struggling with infertility have been cursed by God
(she later claimed her comments, which were documented in a floor speech, were taken out of context)
before taking
a weeklong ski vacation
during the busiest portion of the legislative session (she continued to collect her daily legislative pay while absent). When asked by a constituent why she doesn’t attend regular public forums in Minot during the legislative session,
she said she wasn’t willing to “sacrifice” any more of her personal time.
The incumbents haven’t officially announced their reelection bids, but it’s my practice to treat all incumbents as though they’re running again until we learn otherwise.
In many ways, VanWinkle and Hoverson are emblematic of the ascendant populist, MAGA-aligned faction of the North Dakota Republican Party. They are on the extreme fringe of conservative politics, and openly detest their traditionally conservative leaders. Now they’ve got challengers who are respected members of Minot’s business community, and will no doubt run well-organized and well-funded campaigns.
If the 2026 election is a turning point in the
internecine conflict among North Dakota Republicans
— the battle to see if our state will be governed by traditional conservatives or culture war populists — this primary race in District 3 could well be the hinge on which it turns.
In the 2024 cycle, there was an effort, largely organized by then-Rep. Brandon Prichard, to push far-right challengers against more moderate incumbent Republicans.
It was largely unsuccessful.
Most of the candidates Prichard backed lost, including Prichard himself, who was
defeated in the June primary
by current Rep. Mike Berg, a candidate with a political profile not all that unlike that of Mihalick and DesLauriers.
But these struggles among Republicans are hardly unique to North Dakota, and the populist MAGA faction has done better elsewhere. In South Dakota, for instance, in the 2024 primary,
more than a dozen incumbent Republicans were swept out of office.
Can North Dakota’s normie Republicans avoid that fate? They’ll get another test in 2026, but recruiting strong challengers like Mihalick and DesLauriers is a good sign for them.
North Dakota
Today in History, 1993: North Dakota-born astronaut leaves Fargo school kids starstruck
On this day in 1993, Jamestown native and astronaut Rick Hieb visited Fargo’s Roosevelt Elementary School, captivating students with stories of his record-breaking spacewalks and the daily realities of life in orbit.
Here is the complete story as it appeared in the paper that day:
Students have blast with astronaut
By Tom Pantera, STAFF WRITER
Like some astronauts, Rick Hieb downplays the importance of the profession. “We have an astronaut office; there’s a hundred of us in there,” he said. “My office-mates are astronauts. My neighbor one street over is the commander of my last flight. The next street over is the commander of the previous flight. We’re kind of a dime a dozen around where we all live” in Houston, he said.
“We sort of realize that if we make a mistake, it’s going to be of historic proportions,” he said. “But you don’t really think of yourself as being some kind of historic figure.”
But the 37-year-old Jamestown, N.D., native said his importance as a role model comes home when he speaks to children, as he did Thursday at Fargo’s Roosevelt Elementary School.
He kept the kids spellbound with a description of the May 1992 space shuttle mission in which he was one of three astronauts who walked in space to recover an errant satellite — the largest and longest space walk in history. He illustrated his talk with slides and film of the mission, including the capture of the satellite.
But he drew perhaps his biggest reactions when he explained how astronauts handle going to the bathroom during long spacewalks — adult-size diapers — and the peculiar cleanup problems that come with getting nauseous in a weightless environment.
Hieb already has started training for his next mission, when he will be payload commander aboard the shuttle Columbia in July 1994, although he noted the schedule “might slip a little bit.”
It will be an international spacelab mission, meaning a pressurized laboratory containing 80 different experiments will be housed in the shuttle’s payload bay.
“Every one of those scientists wants to teach us their science we’ll be doing on that flight,” he said.
About 40 percent of the experiments will be done for Japanese scientists, about 50 percent will be for Europeans, 5 percent for Canadians and the rest for Americans. The flight will last 13 days, and the shuttle will carry enough astronauts for two work shifts.
Hieb and others in the crew spent much of December in Europe for training and will be going to Europe and Japan for more training until about June.
He said he could have put in for a flight that featured another spacewalk, but he wanted to be a payload commander of a spacelab instead.
A 1973 graduate of Jamestown High School, Hieb earned degrees in math and physics from Northwest Nazarene College in Nampa, Idaho, in 1977 and a master’s degree in aerospace engineering from the University of Colorado in 1979. He joined NASA right out of graduate school, becoming an astronaut in 1986.
His first mission was in spring 1991 as a crew member of the shuttle Discovery.
Hieb would not say Thursday if the 1994 mission would be his last.
“I’m not promising anybody anything beyond this,” he said. “A spacelab flight is not nearly as sexy as putting on a spacesuit and going outside and grabbing onto satellites and stuff like that. But for me, it’ll kind of fill out the checklist of all the kinds of things that mission specialists can do. I’ll have kind of done everything that we do. I’m not for sure going to quit, but I’m not for sure going to stay either.”
Kate Almquist is the social media manager for InForum. After working as an intern, she joined The Forum full time starting in January 2022. Readers can reach her at kalmquist@forumcomm.com.
North Dakota
Plain Talk: ‘You’re talking over 4,000 more victims every year than was the case in 2014’
MINOT — “I just didn’t get it prioritized to get out the door.”
That’s what Attorney General Drew Wrigley said on this episode of Plain Talk when asked about the state’s annual crime report, which is typically released over the summer, but this year wasn’t made public until New Year’s Eve.
The delayed report comes amid an intense debate over crime in North Dakota. The most recent report, covering the year 2024, showed some declines from recent peaks in serious crime categories, but they’re still significantly up over the last decade.
“Violent crime and robbery crimes against the person … came down 2%,” Wrigley said, “but that 2% … makes last year the 10th highest of the last 11 years. You’re talking over 4,000 more victims every year than was the case in 2014.”
Wrigley said he plans to continue his push for stricter sentencing policies in next year’s legislative session. He was unsuccessful in winning enough votes among lawmakers for his proposed reforms during the first two legislative sessions of his tenure in office.
Wrigley also addressed delays in his office in responding to open records and open meetings complaints filed by the public, and the news media — “the number of requests is quite robust,” he said — and said that he planned to address a legislative request for an opinion on Retirement and Investment Office bonuses in “weeks” not months.
Also on this episode, co-host Chad Oban and I react to my story about top executives at the F5 Project giving themselves personal loans out of the nonprofit’s revenues, as well as my report about Legislature’s potentially preempting, during their upcoming special session, a ballot measure for universal school meals with a proposal of their own.
If you want to participate in Plain Talk, just give us a call or text at
701-587-3141.
It’s super easy — leave your message, tell us your name and where you’re from, and we might feature it on an upcoming episode. To subscribe to Plain Talk, search for the show wherever you get your podcasts or use one of the links below.
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