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Committee narrows bill on false political advertising, adds social media language and advances it
Summary
After constitutional concerns were raised, the Political Subdivisions Committee amended House Bill 1204 to keep the statute’s original list of media while adding "social media" and advanced the measure by a recorded vote.
House Bill 1204, a proposal to update North Dakota's statute on publication of false information in political advertising, passed the Political Subdivisions Committee as amended after members trimmed a broader rewrite and added "social media" to the enumerated list of media.
Sponsor Representative Schatz told the committee he added "social media" because it was not specifically listed in the existing statute's enumerated forms (pamphlet, folder, display card, sign, poster, billboard, website, electronic transmission). Brandon Pritchard, a former state representative who testified, urged repeal or significant narrowing of the statute, arguing in court-law terms that the existing corrupt-practices provision could be unconstitutional and could chill political speech. Pritchard recommended either full repeal or an amendment that criminalized only demonstrably false statements rather than the broader "misleading" language.
Committee members proposed two legislative amendments during the hearing. One would repeal the statute; another preserved the statute but restored the enumerated list and added "social media"—a narrower approach the sponsor said he supported. Representative Clamine offered the narrower amendment (removing the strike-through deletions on lines 15–16) and Representative Haddlestead seconded; the committee adopted that amendment on a recorded vote. The clerk later announced that House Bill 1204 as amended passed the committee on final vote 10 yea, 2 nay, 1 absent.
Representative Hager asked who would enforce the statute; Representative Schatz said enforcement would be through state’s attorneys. Brandon Pritchard warned the committee about First Amendment risk and cited an Eighth Circuit decision that struck down a Minnesota statute regulating false political speech.
The committee advanced the narrower, amended version that explicitly keeps the list of covered media and adds social media language. Representative Davis agreed to carry the bill to the floor.
