Attorney General Drew Wrigley ruled last week that a recent Ethics Commission advisory opinion on how campaign finances should be used is invalid, saying the agency exceeded its authority.
According to Jacob Orledge of the North Dakota Monitor, the opinion addresses guidance the Ethics Commission issued in June responding to questions about whether campaign funds can be used for child care or security expenses. The commission said funds could be used for those purposes in some instances.
However, Wrigley determined state law allows the Ethics Commission to address specific hypothetical situations, not broad general questions, making the advisory opinion legally ineffective. He also ruled that state law holds precedence if it contradicts Ethics commission rules, which overturns a 2020 opinion from the former Attorney General.
Secretary of State Michael Howe, who requested the legal opinion, said Monday that child care and security aren’t listed as “political activities” under state law and should be considered “personal use” — making it a misdemeanor if paid for with campaign funds.
Senate Majority Leader David Hogue says lawmakers will likely amend the statute to make sure future advisory opinions are more limited in scope, preventing the Commission from creating new law without proper approval.
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