North Dakota agencies say suit over political ad law should be dismissed

BISMARCK, N.D. (North Dakota Monitor) — North Dakota state agencies have asked a federal judge to dismiss a lawsuit challenging a state law that criminalizes lying or making intentionally misleading statements in political ads.

Brandon Prichard, who represented Bismarck in the Legislature in 2023 and 2024, in early November filed suit over the state’s corrupt practices law, claiming that it violates the First Amendment.

The Republican is a controversial figure in North Dakota politics in part for his attacks on incumbent Republican lawmakers.

Prichard claims he and his wife, Kathryn, have been subject to investigations under the law, which makes it a class A misdemeanor to knowingly or with “reckless disregard for its truth or falsity” publish something false or misleading about a candidate or ballot measure.

He said this was in spite of the fact that he considers his political speech ordinary and that he does not think he has ever made false or misleading political statements.

Prichard wrote in court documents that he has self-censored his political speech to avoid being investigated again in the future, which he argues is a violation of his rights.

His political action committee, Citizens Alliance of North Dakota, is also listed as a plaintiff in the case.

The lawsuit names the Attorney General Drew Wrigley, Burleigh County State’s Attorney Julie Lawyer as well as the North Dakota Ethics Commission and its executive director, Rebecca Binstock, as defendants.

All three defendants have asked a federal court judge to dismiss the suit, in part because they say they do not enforce the statute Prichard is challenging.

In the lawsuit, Prichard claimed he and his wife were under active investigation by the Burleigh County State’s Attorney’s Office for alleged violations of the corrupt practices law.

Lawyer, in a December court filing, said this is incorrect. She wrote that an investigator with her office contacted the Prichards in late 2024 after receiving complaints, but that she declined to prosecute.

Lawyer stated in court records that she is unwilling to prosecute claims under the statute.

Prichard in the lawsuit also alleges there have been multiple complaints filed with the Ethics Commission against him accusing him of violating the corrupt practices act, including one in 2023 and two filed against him and Citizens Alliance of North Dakota in 2024.

The Ethics Commission, in a January response filed in the suit, said it could not confirm or deny the existence of the complaints, citing confidentiality laws.

The commission in the document states that as of fall 2025, the Ethics Commission no longer reviews complaints reporting violations of the statute, or refers them for prosecution, because the 8th Circuit Court of Appeals found a similar law in Minnesota unconstitutional. The commission also noted that it doesn’t investigate or prosecute crimes.

Attorney General Drew Wrigley said in November court filings he has never prosecuted anyone under the law. His memo also states there is no record of the North Dakota Supreme Court upholding a criminal prosecution under the statute.

Former legislative candidate Duane Sand was charged with violating the corrupt practices statute by Burleigh County prosecutors in 2018. His opponent, George Keiser, had filed a police report alleging Sand misstated the incumbent’s voting record, The Bismarck Tribune reported. Prosecutors later dropped the charge against Sand after those involved reached a private settlement.

The Burleigh County State’s Attorney’s Office, Ethics Commission and Attorney General’s Office in court records also argued Prichard does not have standing to bring the lawsuit because he has not sufficiently established that the agencies have caused him harm, or that a favorable ruling by the court would address that harm.

The defendants further claim they are immune from the suit under the 11th Amendment, which holds that states generally cannot be sued in federal court without their consent.

Prichard wrote in a late January court filing that he was not aware he and his wife were not under active criminal investigation under the statute until he read the defendants’ responses to his suit.

“I am disappointed and vexed that it took filing a federal lawsuit against some of those with prosecutorial authority to learn that these prosecutors will say that they do not (at least right now) intend to criminally prosecute me,” he wrote.

He told the North Dakota Monitor he still intends to proceed with the lawsuit.

“I believe that the marketplace of ideas will continue to be chilled by threat of criminal enforcement,” Prichard wrote in a Jan. 30 court filing.

North Dakota Monitor reporter Mary Steurer can be reached at msteurer@northdakotamonitor.com.