State officials are pushing back against a federal lawsuit filed by former Bismarck Representative Brandon Prichard, arguing his challenge to North Dakota’s “corrupt practices law” should be dismissed because the state isn’t actually enforcing it, according to reporting by the North Dakota Monitor.
Prichard, a Republican known for his attacks on fellow incumbents, filed the suit alongside his PAC, Citizens Alliance of North Dakota, claiming the law, which criminalizes “lying” in political ads, violates his First Amendment rights and has forced him to self-censor.
However, Attorney General Drew Wrigley says he has never prosecuted anyone under the statute, and State’s Attorney Julie Lawyer stated in court she is “unwilling” to prosecute claims under the law. The Ethics Commission stopped reviewing these complaints last year due to a similar law being ruled unconstitutional in MN.
In court filings from late January, Prichard admitted he was unaware he wasn’t under active investigation until reading the state’s response. He called the situation “disappointing and vexing” but maintains he will proceed with the suit to ensure the law can never be used to “chill” the marketplace of ideas.
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