Page:1973 North Dakota Session Laws.pdf/246

246 given, or agreed to be given by, or solicited, accepted, or agreed to be accepted from, a person having an interest in an imminent or pending (a) examination, investigation, arrest, or judicial or administrative proceeding; or (b) bid, contract, claim, or application, and that interest could be affected by the recipient's performance or nonperformance of his official action or violation of his known legal duty as a public servant.

12.1-12-02, ILLEGAL INFLUENCE BETWEEN LEGISLATORS OR BETWEEN LEGISLATORS AND GOVERNOR.) Any person who violates the provisions of section 40 or section 81 of the Constitution of this state is guilty of a class C felony.

12.1-12-03. UNLAWFUL COMPENSATION FOR ASSISTANCE IN GOVERNMENT MATTERS.) 1. A public servant is guilty of a class A misdemeanor if he solicits, accepts, or agrees to accept a thing of pecuniary value from nongovernmental sources:

а. As compensation for advice or other assistance in preparing or promoting a bill, contract, claim, or other matter which is or is likely to be subject to his official action;

b. As compensation for omitting or delaying official action; or

c. As a fee or compensation for services not rendered or to which he was not legally entitled.

2. A person is guilty of a class A misdemeanor if he knowingly offers, gives, or agrees to give a thing of pecuniary value to a public servant, receipt of which is prohibited by this section.

12.1-12-04. TRADING IN PUBLIC OFFICE AND POLITICAL ENDORSEMENT.) 1. A person is guilty of a class A misdemeanor if he solicits, accepts, or agrees to accept, or offers, gives, or agrees to give, a thing of pecuniary value as consideration for approval or disapproval by a public servant or party official of a person for:

a. Appointment, employment, advancement, or retention as a public servant; or

b. Designation or nomination as a candidate for elective office.

2. In this section:

a. Approval" includes recommendation, failure to disapprove, or any other manifestation of favor or acquiescence.

b. "Disapproval" includes failure to approve, or any other manifestation of disfavor or nonacquiescence.

c. "Party official" means a person who holds a position or office in a political party, whether by election, appointment, or otherwise.