North Dakota Governor Opposes Broad Restrictions on Public Officials' NDAs

North Dakota Governor Opposes Broad Restrictions on Public Officials' NDAs

News ClipInForum·ND·9/2/2026

North Dakota Governor Kelly Armstrong is opposing a broad legislative ban on public officials signing nondisclosure agreements (NDAs), arguing it is a political move and partially symbolic. The push for NDA restrictions stems from public concern over data center projects and transparency, with activists alleging corruption. While the Governor supports a narrower version of the bill, he maintains that existing open records laws are sufficient for project information.

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Gov: Gov. Kelly Armstrong, Legislature, Rep. Jonathan Warrey, Attorney General's Office, Sen. Ryan Braunberger

North Dakota Governor Kelly Armstrong is actively opposing a broad legislative proposal aimed at banning public officials from signing nondisclosure agreements (NDAs). The issue, which the Governor acknowledges as "political," has gained prominence amidst public "hysteria" surrounding data center developments in the state, with critics and activists using NDAs as a talking point to suggest corruption in the development process.

Governor Armstrong argues that a full ban would be largely symbolic and maintains that current open records laws sufficiently compel transparency. He spoke against the broad bill during a committee hearing, a rare move for a governor, though he supports an amended, narrower version introduced by Rep. Jonathan Warrey. Senator Ryan Braunberger, D-Fargo, countered the Governor's stance, highlighting that the public often cannot request records if they are unaware of an agreement's existence due to an NDA.

The core debate centers on enhancing public trust in government institutions, with proponents of the ban believing clear rules on NDAs are essential, even if they cannot compel public officials to speak about private conversations. The article suggests that good reform could define appropriate circumstances for NDAs between public officials and private entities, encouraging the Governor to sign such legislation.