North Dakota

Port: We need better enforcement of campaign laws (and maybe better campaign laws, too)

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MINOT — American politics have grown more coarse in the Trump era.

The political process was never a walk in the park, but they’ve taken on an edge compared to the not-so-distant past. North Dakota politics are no exception to the rule, either. Driven in no small part by a North Dakota Republican Party that is divided against itself, this primary season has been a nasty business filled with accusations and recriminations.

We’re in the silly season now. The primary election is looming on June 11, and given how diminished North Dakota’s Democrats are, that election will effectively conclude many races in the Legislature and for statewide office. Either because the Democratic candidate is not competitive or because the Democrats didn’t nominate a candidate at all.

In the coming days, you’ll hear many accusations about campaign law violations, with varying degrees of veracity. These include billboards and mailers without the required disclosures attached or supposedly independent political action committees coordinating too closely with candidates. You may also hear about ethics complaints filed against candidates.

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But this column isn’t about any specific set of accusations. Rather, I’d like to make the argument that the officials tasked with enforcing North Dakota’s campaign laws need to be ready for this to be the new normal.

In my experience, law enforcement officials — from police officers and sheriffs to county prosecutors — have been reluctant to get involved in these matters. Their attitude is that these are petty matters of politics and really not worthy of their time or attention. And yet, a law on the books is a law that must be taken seriously or removed from said books (more on that in a moment).

At a time when some political forces in our country are trying to tear down our institutions of law and order, when politicians look to outgun accountability through the abject shamelessness of their actions, we can’t afford to have a lackadaisical attitude toward campaign laws.

Laws governing political campaigns need to be enforced robustly. They need to mean something. And when a politician violates them, that should be taken seriously.

There are some things the Legislature can do to help. A thorough review of campaign laws is appropriate. Many of them were written in a pre-digital age. Do they still make sense? Should they be modified, or perhaps even eliminated? Lawmakers should also consider who should investigate and enforce the laws. Do we want cops and deputies doing it? Or could another body — maybe the state Ethics Commission? — be given the resources and authority to take over?

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Suffice it to say that things can be improved.

We live in tumultuous political times. Our state and country feel divided in ways few of us have ever experienced. There’s little we can do about that as a matter of law, but we can make sure the existing laws reflect the realities of modern campaigns and are enforced thoroughly and fairly.

Rob Port is a news reporter, columnist, and podcast host for the Forum News Service with an extensive background in investigations and public records. He covers politics and government in North Dakota and the upper Midwest. Reach him at rport@forumcomm.com. Click here to subscribe to his Plain Talk podcast.





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