Bismarck, ND – The North Dakota Ethics Commission recently issued two advisory opinions requested by members of the legislative assembly and took final action on eight complaints filed by North Dakota residents.
On May 27, 2025, the Commission held a hearing on Complaint Nos. 22-003, 22-004, 22-004, 22-005, 22-006, 22-007, 22-008, 22-009, and 22-010. The Commission found Representative Jason Dockter engaged in three ethical violations related to his ownership in entities that lease space to the State of North Dakota and his service in the Legislative Assembly. Specifically, the Commission entered an order finding:
Representative Dockter engaged in an ethical violation on April 11, 2023 by failing to disclose a potential conflict of interest (a/k/a a personal or private interest) and proceeding to vote on HB 1004, which funded Representative Dockter’s interest in a lease at 1720 Burlington Drive, Bismarck, ND;
Representative Dockter engaged in an ethical violation on April 26, 2023 by failing to disclose a potential conflict of interest (a/k/a a personal or private interest) and proceeding to vote on HB 1003, which funded Representative Dockter’s interest in a lease at 1700 Schafer St, Bismarck, ND; and
The jury rendered a guilty verdict against Representative Dockter and found he violated a criminal statute related to transparency and corruption, N.D.C.C. § 12.1-13-02(2).
Information related to the complaint matter was previously confidential under North Dakota law. Pursuant to the Commission’s order of May 27, 2025, N.D.C.C. § 54-66-12(1), and N.D. Admin. Code § 115-02-01-09, portions of the Commission’s records related to the complaint are released to the public. The Commission’s Order, Investigative Report & Recommendation, the complaints, court documents, and Representative Dockter’s response to the complaints can be found on the Commission’s website: https://www.ethicscommission.nd.gov/matter-representative-jason-dockter.
The Commission is undergoing a review to determine whether the additional items in the investigation file are exempt or confidential under North Dakota law unrelated to Commission complaints. Once this review is completed, additional items may be added to the publicly available file.
The Commission notes these ethical violations likely could have been avoided with education on how to disclose and manage conflicts of interest. It is clear from the Commission’s investigation there is a general lack of clarity on what a potential conflict of interest is and how to disclose and manage them when they arise.
During interviews and testimony, legislators expressed very narrow interpretations of the legislative conflict rules, and by extension, the Commission’s conflict of interest rules. The Commission recognizes this in its strategic plan with its emphasis on providing education to those in the regulated community. The Commission has made training and additional resources available to individuals regarding conflicts of interest to the extent possible. In addition, the Commission will continue to work with the Legislative Assembly to help clarify and streamline the legislative conflict of interest rules.
Additionally, the Commission issued two advisory opinions on June 25, 2025. At the request of Senator Joshua Boschee, Advisory Opinion 25-01 answers two questions:
Are caregiving expenses—defined as direct care, protection, and supervision of a child or other person with a disability or a medical condition for which a candidate has direct caregiving responsibility—incurred as a direct result of campaign activity or holding public office deemed a permissible campaign expenditure in the state of North Dakota?
Are security expenses—defined as non-structural security devices; structural security devices; professional security personnel and services; and cybersecurity software, devices, and services—incurred as a direct result of campaign activity or holding public office deemed a permissible campaign expenditure in the state of North Dakota?
The Commission answers Senator Boschee’s questions as follows:
Yes, in some instances it is a permissible campaign expenditure to pay for caregiving expenses. The candidate/public official must be able to reasonably show the expenses resulted from campaign or officeholder activities. When permissible, the candidate/public official must pay fair market value for the expenses.
Due to the general threat environment faced by candidates and public officials, it is a permissible campaign expenditure to pay for security expenses, meaning non-structural security devices, cybersecurity software, and security personnel when incurred as a result of campaign activity and holding public office. When permissible, the candidate/public official must pay fair market value for the expenses.
At the request of Senator Ryan Braunberger, Amended Advisory Opinion 25-02 answers the questions:
Is it permissible for a legislator to speak on a panel at the Center for Freethought Equality’s Annual Members’ Meeting outside North Dakota?
Under N.D. Const. art. XIV’s gift prohibition and the Commission’s rules, is it permissible for the legislator speaking at the event to accept payment for registration costs and reimbursement for travel expenses?
The Commission answers Senator Braunberger’s questions as follows:
A public official may attend an event out of state, including speaking on a panel at the Center for Freethought Equality’s Annual Members’ Meeting. However, a public official must not accept a prohibited lobbyist gift.
It is permissible for Senator Braunberger to accept travel and registration costs for the events at issue. He will provide fair market consideration by speaking at the events in exchange for the costs. The Commission cautions Senator Braunberger to assess the events for lobbying if he is offered additional things of value.
The advisory opinions can be found on the Commission’s website: https://www.ethicscommission.nd.gov/advisory-opinions.
About the North Dakota Ethics Commission
The Commission was created in 2018 by the passage of Initiated Measure I, which added Article XIV to the North Dakota Constitution. Article XIV tasks the Commission with adopting ethics rules related to transparency, corruption, elections, and lobbying to which any lobbyist, public official, candidate for public office shall be subject as well as investigating alleged violations of those rules, Article XIV, and related state laws.
The Commission is composed of 5 members who are appointed upon consensus agreement of the Governor, Senator Majority Leader, and Senator Minority Leader. To learn more about the Commission, visit its website: https://www.ethicscommission.nd.gov.