North Dakota Code 12.1-12-04 – Trading in public office and political endorsement
1. A person is guilty of a class A misdemeanor if he solicits, accepts, or agrees to accept, or offers, gives, or agrees to give, a thing of pecuniary value as consideration for approval or disapproval by a public servant or party official of a person for:
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 360 days | up to $3,000 |
Terms Used In North Dakota Code 12.1-12-04
- Conviction: A judgement of guilt against a criminal defendant.
- Official action: includes a decision, opinion, recommendation, vote, or other exercise of discretion by any government agency. See North Dakota Code 12.1-01-04
- person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
- Public servant: as used in this title and in any statute outside this title which defines an offense means any officer or employee of government, including law enforcement officers, whether elected or appointed, and any person participating in the performance of a governmental function. See North Dakota Code 12.1-01-04
- thing of pecuniary value: means a thing of value in the form of money, tangible or intangible property, commercial interests, or anything else the primary significance of which is economic gain to the recipient. See North Dakota Code 12.1-01-04
a. Appointment, employment, advancement, or retention as a public servant; or b. Designation or nomination as a candidate for elective office.
2. In this section:
a. “Approval” includes recommendation, failure to disapprove, or any other manifestation of favor or acquiescence.
b. “Disapproval” includes failure to approve or any other manifestation of disfavor or nonacquiescence.
c. “Party official” means a person who holds a position or office in a political party, whether by election, appointment, or otherwise.
3. Any appointment of a public servant made in violation of this section is void, but any official action taken by the appointee prior to conviction under this section is valid.