Proposal Would LImit North Dakota’s Elected Officials’ Political Ads

August 26, 2008

North Dakota’s elected officials should not appear in taxpayer-financed public service announcements, says a state senator who plans to introduce legislation to ban the practice.

State Sen. Tracy Potter, D-Bismarck, said his suggestion was prompted by Insurance Commissioner Adam Hamm’s prominent billing in recent television and radio advertisements about Insurance Department programs that benefit seniors.

Hamm, a Republican who is running for election this fall, used $35,000 in federal grant money to produce the ads and buy broadcast time. Democrats say Hamm is campaigning at taxpayer expense, and North Dakota’s Democratic congressional delegation has requested a federal investigation into whether the money was properly spent.

Potter said his proposal would bar any North Dakota state official from using his or her name, image or voice in any public service ad about the services offered by their agencies.

“Incumbents already have plenty of advantages,” Potter said. “This gives them one more chance to publicize themselves, and it is an abuse.”

Potter’s suggested legislation would prevent Agriculture Commissioner Roger Johnson, a Democrat, from appearing in ads about events sponsored by the state Agriculture Department, including the Pride of Dakota Holiday Showcase and Marketplace for Entrepreneurs.

Business people use the holiday showcases to market North Dakota-made food items, jewelry, clothing and other items. Marketplace for Entrepreneurs is an economic development conference sponsored by the state Agriculture Department and Sen. Kent Conrad, D-N.D.

Tax Commissioner Cory Fong, a Republican, would not be allowed to appear in Tax Department ads that urge North Dakotans to file their state income tax returns electronically, or that spotlight income tax credits for North Dakota property owners.

Fong said such advertisements are a major part of the job of educating people about what his department does and how to file their taxes.

“Who better to carry that message about how these things work than the elected official?” Fong said. “I think with that, there’s a certain amount of credibility that is established, because we are elected, and I think we play a role in carrying that message.”

Johnson said he has avoided appearing in agency ads during the election season. He said he would be interested in seeing the details of Potter’s legislation, which has not yet been drafted.

“It sounds kind of extreme, but I don’t know where the line should be drawn,” Johnson said. “It’s a good discussion for the Legislature to have. I think they’ll find lots and lots and lots of questions that are going to have to be answered.”

Hamm said there was nothing wrong with elected officials appearing in advertisements about the services their agencies offer. If an officeholder appears in an ad, the image adds credibility and gives people a “point of reference” to inquire later about the ad’s contents, Hamm said.

“I don’t agree with the premise that government-sponsored public service advertisements that have the officeholder in them are inappropriate,” Hamm said. “It’s part of their job to inform the public about assistance that their individual department can offer.”

Potter said agencies could advertise their services and spread the word about new laws or policies without using an elected officeholder’s voice or likeness.

“Any professional ad person would tell you, what you’re trying to focus on is the issue at hand,” Potter said. “This is clearly done for the purposes of advancing the political future of one individual, and that is wrong. We shouldn’t be spending government money to do that.”

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