Empower the Taxpayer v. Fong

Empower the Taxpayer, Charlene Nelson, and Robert Hale (collectively "Empower") appealed an order dismissing their request for injunctive relief against numerous state and local government officials and other entities. Empower supported North Dakota Initiated Constitutional Measure 2 to abolish property taxes which is on the June 2012 primary election ballot. In February 2012, Empower brought this action seeking injunctive relief against the defendants to prohibit them from, among other things, "advocating any position on Measure 2" and to declare them "no longer eligible to run for public office." Empower alleged the officials and entities had violated provisions of the Corrupt Practices Act by distributing false and misleading information about the effect of Measure 2. The district court dismissed the action, concluding "Empower lacks standing to bring this claim as the Corrupt Practices Act is a criminal law, the Defendants' actions did not violate Empower's legal rights, and the legislature did not imply a private right of action" for violation of the Act's provisions. Upon review, the Supreme Court affirmed, finding Empower failed to establish that there was a private right of action to enforce provisions of the North Dakota Corrupt Practices Act. View "Empower the Taxpayer v. Fong" on Justia Law