ND 2025-L-01 2025-03-06

Does a federally registered political action committee that files campaign reports under one North Dakota statute get out of filing under another?

Short answer: No. A PAC registered with the Federal Election Commission that files independent-expenditure reports under N.D.C.C. § 16.1-08.1-03.7 still has to file the regular campaign disclosure statements under N.D.C.C. § 16.1-08.1-02.4 if it solicits or accepts contributions. The two reporting tracks are separate, and compliance with one does not exempt compliance with the other.

Disclaimer: This is an official North Dakota Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed North Dakota attorney for advice on your specific situation.

Plain-English summary

State Representative Todd Porter asked the AG whether a political action committee that registers with the Federal Election Commission, and files reports in North Dakota under N.D.C.C. § 16.1-08.1-03.7 (the rule for federally registered committees that make independent expenditures or disbursements in state races), is exempt from filing the regular pre-election, supplemental, and year-end disclosure statements required by N.D.C.C. § 16.1-08.1-02.4.

AG Drew Wrigley said no. The two filing tracks address different concerns. The federal-committee track in section 03.7 is triggered when a committee, having organized under federal law, makes an independent expenditure or disbursement in support of a North Dakota nonfederal candidate, party, or political committee. The general track in section 02.4 is triggered when any political committee that does not file under section 02.3 (which covers candidate committees, multicandidate political committees, and non-statewide parties) is soliciting or accepting contributions. A PAC can fall into both categories, and nothing in the campaign finance chapter says one filing waives the other. Standard rules of statutory construction require giving effect to every provision unless the result is absurd, and giving effect to both here is straightforward.

So the bottom line for federally registered PACs active in North Dakota: file both. The report you submit under section 03.7 covers your independent expenditures and disbursements as detailed in your federal filings. The report you submit under section 02.4 covers contributions received and expenditures made during the pre-election, late, and year-end windows.

What this means for you

If you run a federally registered PAC that's active in North Dakota races

Your North Dakota filing schedule has two parallel tracks, not one. The 03.7 filing is event-triggered: each time you make an independent expenditure or disbursement to a non-federal North Dakota candidate, party, or committee, you file a copy of the relevant portion of your federal report plus the supplemental information the statute requires. The 02.4 filings are calendar-triggered: pre-election (covering January 1 to forty days before the election), supplemental (the thirty-nine days through the day before the election), and year-end (covering the whole year). You file both. Filing only one will leave you out of compliance, even if both reports describe the same money.

If you advise candidates or committees on disclosure compliance

Three practical implications. First, this opinion is the official position pending a court ruling. N.D.C.C. § 54-12-01 says AG opinions govern public officials' actions until a court decides otherwise, so the Secretary of State's office will treat dual-filing as the rule. Second, if your client argues that dual-filing is duplicative, the answer is that the two reports cover different categories of money. A federal report excerpt does not show the contribution side, which is what 02.4 captures. Third, if you have clients who relied on a prior interpretation, audit their filings now. Going forward, expect the SOS to enforce.

If you're a journalist or researcher tracking PAC money in North Dakota

Look in two places. The 03.7 filings will show the independent-expenditure side: who a PAC supported or opposed in non-federal races. The 02.4 filings will show the contribution side: who funded the PAC. Combining the two gives a fuller picture than either alone.

If you're a Secretary of State filing officer

The opinion clears up a frequently asked question and gives you a basis for requiring both filings from federally registered PACs. The reasoning rests squarely on the plain language of two unambiguous statutes and standard rules of construction, so the position is durable absent legislative change.

Common questions

Q: Does this opinion apply to candidate committees and multicandidate political committees?
A: No. Those entities file under N.D.C.C. § 16.1-08.1-02.3. The dual-filing question here is specific to PACs and other political committees that fall outside section 02.3 and into section 02.4, but also organize under federal law and trigger section 03.7.

Q: What triggers a section 03.7 filing for a federally registered PAC?
A: An independent expenditure, or a disbursement to a non-federal candidate seeking public office, or to a political party or political committee in North Dakota. The PAC then files the relevant portion of its federal report plus supplementary information with the Secretary of State.

Q: What does a section 02.4 filing cover?
A: Pre-election, supplemental, and year-end campaign disclosure statements that include all reportable contributions received and expenditures made by the political committee during specified windows. Section 02.4 applies to political committees soliciting or accepting contributions that are not already required to file under section 02.3.

Q: Can a PAC simply file the federal report and assume that's enough?
A: No. The federal-report excerpt filed under section 03.7 is its own discrete obligation. It does not substitute for the contribution-and-expenditure disclosure statements required under section 02.4.

Q: How long is this opinion binding?
A: An AG opinion under N.D.C.C. § 54-12-01 governs public officials' actions until a court decides the question. So the Secretary of State will follow it. If a PAC challenges the dual-filing requirement in court and prevails, that ruling would supersede.

Q: What's the penalty for filing only one report?
A: The opinion does not detail penalties. Standard campaign finance enforcement (referrals to county prosecutors, civil penalties, and similar consequences) is set out in chapter 16.1-08.1 and elsewhere. A committee that only files one report should expect the Secretary of State to flag the missing filing.

Citations

N.D.C.C. § 16.1-08.1-01(12), definition of "political committee"
N.D.C.C. § 16.1-08.1-02.3, reporting for candidates, candidate committees, multicandidate committees, and non-statewide parties
N.D.C.C. § 16.1-08.1-02.4, reporting for political committees not under 02.3
N.D.C.C. § 16.1-08.1-03.7, reporting for federally organized committees making independent expenditures in ND
N.D.C.C. § 54-12-01: authority for AG opinions
Workforce Safety & Ins. v. Avila, 2020 ND 90, 942 N.W.2d 811, statutory construction principles
Shiek v. N.D. Workers Comp. Bureau, 2002 ND 85, 643 N.W.2d 721, same
State ex rel. Johnson v. Baker, 21 N.W.2d 355 (N.D. 1946), AG opinions govern until courts decide

Source

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

STATE OF NORTH DAKOTA
OFFICE OF ATTORNEY GENERAL
Drew H. Wrigley, ATTORNEY GENERAL

LETTER OPINION 2025-L-01

The Honorable Todd Porter
State Representative
District 34
4604 Borden Harbor Drive SE
Mandan, ND 58554-7961

Dear Representative Porter:

Thank you for your letter requesting my opinion about the reporting requirements of a political committee making expenditures for political purposes in the state of North Dakota. Specifically, you asked whether a political action committee registered with the Federal Election Commission and subject to the reporting requirements of North Dakota Century Code (N.D.C.C.) § 16.1-08.1-03.7 is exempt from the reporting requirements of N.D.C.C. § 16.1-08.1-02.4. It is my opinion that reporting under N.D.C.C. § 16.1-08.1-03.7 does not create an exemption from reporting under N.D.C.C. § 16.1-08.1-02.4, and a political action committee that meets the criteria to report under both statutes must comply with both statutes separately.

ANALYSIS

The main reporting requirements for political committees receiving contributions or making expenditures for political purposes in North Dakota are found in N.D.C.C §§ 16.1-08.1-02.3, 16.1-08.1-02.4, and 16.1-08.1-03.7. Political committees are defined in N.D.C.C. ch. 16.1-08.1 to include "[a] political action committee not connected to another organization and free to solicit funds from the general public, or derived from . . . an association that solicits or receives contributions from its employees or members or makes expenditures for political purposes on behalf of its employees or members." Therefore, a political action committee (PAC) is a type of "political committee" for the reporting requirements at issue in this opinion.

In addition to political action committees, N.D.C.C. § 16.1-08.1-01(12) defines "political committee" to include the following different types of associations: a "candidate committee established to support an individual candidate seeking public office," a "multicandidate political committee . . . established to support multiple groups or slates of candidates seeking public office," a "political organization registered with the federal election commission," and a "measure committee . . . which solicits or receives contributions or makes expenditures for the purpose of aiding or opposing a measure sought to be voted upon by the voters of the state."

N.D.C.C § 16.1-08.1-02.3 describes reporting requirements for candidates, candidate committees, multicandidate political committees, and non-statewide political parties. It does not, however, apply to PACs. If a political committee is not required to file statements under N.D.C.C § 16.1-08.1-02.3, then it must comply with the reporting requirements found in N.D.C.C § 16.1-08.1-02.4. A political committee subject to this section which is soliciting or accepting contributions "shall file a campaign disclosure statement that includes all [reportable] contributions received and expenditures made from January first through the fortieth day before the election."

There is a separate reporting requirement found in N.D.C.C § 16.1-08.1-03.7 for political committees that organize and register according to federal law, such as the PAC you describe in your letter. When such a committee "makes an independent expenditure or makes a disbursement . . . to a nonfederal candidate seeking public office or to a political party or political committee in this state" the committee is required to file with the Secretary of State "a copy of that portion of the committee's federal report detailing the independent expenditure or the disbursement made," along with other supplementary information.

To determine whether compliance with N.D.C.C. § 16.1-08.1-03.7 creates an exemption from applicable reporting requirements under § 16.1-08.1-02.4, we look to some general rules of statutory interpretation.

Our primary goal in statutory construction is to ascertain the intent of the Legislature. In ascertaining the Legislature's intent, we first look to the plain language of the statute and give each word of the statute its ordinary meaning. We construe the statute as a whole and give effect to each of its provisions, if possible. If the language of the statute is clear and unambiguous when read as a whole, we cannot ignore that language under the pretext of pursuing its spirit because the legislative intent is presumed clear from the face of the statute. If, however, the statute is ambiguous or if adherence to the strict letter of the statute would lead to an absurd or ludicrous result, a court may resort to extrinsic aids, such as legislative history, to interpret the statute. A statute is ambiguous if it is susceptible to meanings that are different, but rational.

Sections 16.1-08.1-02.4 and 16.1-08.1-03.7, N.D.C.C., are unambiguous when read both separately and together. By itself, N.D.C.C. § 16.1-08.1-02.4 requires any political committee that does not have to file a statement under N.D.C.C. § 16.1-08.1-02.3 to file pre-election, supplemental, and year-end campaign disclosure statements in accordance with N.D.C.C. § 16.1-08.1-02.4, if the political committee is soliciting or accepting contributions. A PAC plainly falls under this category. Separately, N.D.C.C. § 16.1-08.1-03.7 requires a political committee that registers according to federal law to file certain reports and supplementary information in accordance with that section of law, if the political committee makes an independent expenditure or makes a disbursement to a nonfederal candidate seeking public office or to a political party or political committee in North Dakota. Again, a PAC plainly falls under this category.

There is nothing in the text of either N.D.C.C. § 16.1-08.1-02.4 or § 16.1-08.1-03.7, or any other provision in N.D.C.C. ch. 16.1-08.1, that states or implies that compliance with one exempts compliance with the other. Additionally, it is possible to give effect to both provisions without creating a conflict or an absurd result. Under well-established principles of statutory interpretation, therefore, no reporting exemption is created.

Because it is possible to interpret the statutes as a whole and give effect to each of the provisions at issue, it is my opinion that a PAC subject to the reporting requirements of N.D.C.C § 16.1-08.1-03.7 that also falls under the reporting requirements of N.D.C.C. § 16.1-08.1-02.4 must file all reports and information mandated in the two provisions.

Sincerely,

Drew H. Wrigley
Attorney General

JBG/mjh

This opinion is issued pursuant to N.D.C.C. § 54-12-01. It governs the actions of public officials until such time as the question presented is decided by the courts.