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Legislative Assembly targets misleading political ads with new civil action provisions

January 20, 2025 | 2025 House Introduced Bills, 2025 House Bills, 2025 Bills, North Dakota Legislation Bills, North Dakota


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Legislative Assembly targets misleading political ads with new civil action provisions
The North Dakota State Legislature convened on January 20, 2025, to introduce House Bill 1583, a significant piece of legislation aimed at addressing the issue of deceptive political advertising. The bill seeks to establish clear guidelines and accountability for political advertisements that may mislead voters regarding candidates, measures, or proposals on election ballots.

House Bill 1583 outlines that any political advertisement deemed untrue, deceptive, or misleading—regardless of the medium used, including radio, television, print, or online platforms—can be subject to scrutiny. Notably, the bill exempts commercial media outlets, such as newspapers and television stations, from liability if they are not the source of the misleading content. This provision aims to protect media organizations while holding advertisers accountable for their claims.

A key provision of the bill allows candidates who are adversely affected by such misleading advertisements to initiate civil actions to recover damages. If successful, candidates would be entitled to recover not only the damages incurred but also the full amount of their legal costs and attorney's fees. This aspect of the bill has sparked considerable debate among lawmakers, with proponents arguing that it will enhance transparency and integrity in political campaigns, while opponents raise concerns about potential misuse of the law to stifle legitimate political discourse.

The introduction of House Bill 1583 comes at a time when the integrity of electoral processes is under heightened scrutiny, particularly in light of recent national discussions surrounding misinformation in politics. Experts suggest that the bill could have significant implications for future elections in North Dakota, potentially deterring the spread of false information and fostering a more informed electorate.

As the legislative session progresses, further discussions and amendments to House Bill 1583 are anticipated. The bill's fate will depend on the ongoing debates among lawmakers, as well as public sentiment regarding the balance between protecting candidates from misleading advertisements and ensuring freedom of speech in political campaigning. The next steps will involve committee reviews and potential votes, which will determine whether the bill advances in the legislative process.

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This article is based on a bill currently being presented in the state government—explore the full text of the bill for a deeper understanding and compare it to the constitution

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