A person who willfully [solicits, accepts, or agrees to accept] [offers, gives, or agrees to give] a thing of pecuniary value as consideration for the approval or disapproval by a public servant or party official of a person for [appointment, employment, advancement, or retention as a public servant] [designation or nomination as a candidate for elective office,] is guilty of Trading in Public Office and Political Endorsement.

ESSENTIAL ELEMENTS OF OFFENSE

The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, willfully [solicited, accepted, or agreed to accept] [offered, gave, or agreed to give] _______________, a thing of pecuniary value, as consideration for the approval or disapproval by _______________, a [public servant] [party official] of a person;

2) For [appointment, employment, advancement, or retention as a public servant] [designation or nomination as a candidate for elective office].

DEFINITIONS “Approval” includes recommendation, failure to disapprove, or any other manifestation of favor or acquiescence. "Disapproval" includes failure to approve or any other manifestation of disfavor or non-acquiescence. "Party official" means a person who holds a position or office in a political party, whether by election, appointment, or otherwise. [Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]

*****