North Dakota lawmaker Mike Motschenbacher faces scrutiny over potential conflicts of interest regarding his role as executive director of the North Dakota Gaming Alliance, a trade group representing the charitable gaming industry. Motschenbacher, a Republican representing District 47 in north Bismarck, is seeking a second four-year term while maintaining leadership of the association since late 2020.
Charitable gambling has remained a critical issue in front of the North Dakota Legislative Assembly following the proliferation of electronic pull tabs since 2018. Since taking office in 2022, Motschenbacher has participated in votes concerning gambling regulations, taxes, and commission structures. During the 2025 legislative session, he voted for legislation that would have lowered tax rates for charitable gambling and for a measure that would have restructured the state Gaming Commission to include operating groups, though neither bill passed. He also voted against a bill that sought to restrict which organizations qualify to conduct charitable gambling, which passed the Senate but was overwhelmingly defeated in the House.
Defending the Separation Between Lawmaking and Advocacy
Motschenbacher maintains that he keeps a strict boundary between his legislative office and his professional responsibilities. Before entering politics, he consulted with the secretary of state, the Ethics Commission, and the attorney general’s office. During the regular biennial session, he takes a four-month, unpaid leave of absence from his $65,000-a-year position with the Gaming Alliance. Furthermore, he does not sponsor or speak on gambling-related legislation and relies on a registered lobbyist, Scott Meske, to handle industry matters at the Capitol.
I am completely separated,
Motschenbacher said. I concentrate solely on the issues that are important to District 47 and the state of North Dakota. I don’t do any lobbying or anything like that, so I have done everything that was asked of me and even above and beyond, I would say.
Motschenbacher has not recused himself from gambling-related votes, arguing that he does not personally or uniquely benefit from the legislation. His legislative compensation totaled $34,926 last year, according to the Legislative Council.
Ethics Experts and Political Opponents Raise Transparency Concerns
Critics argue that the arrangement blurs ethical lines, even if it complies with current state statutes. Dennis Cooley, director of the Northern Plains Ethics Institute at North Dakota State University, noted that Motschenbacher appears aware of potential issues but questioned whether the separation from the association’s lobbying apparatus is absolute. Cooley suggested that conflicts of interest do not require direct financial gain and that lawmakers must consider how their votes appear to constituents.
Bob Valeu, director of the Bismarck-Mandan Democratic-NPL, criticized Motschenbacher for a lack of transparency with voters. Valeu pointed to a District 47 Republican mailer detailing candidate credentials that omitted Motschenbacher’s role with the Gaming Alliance, contrasting it with his candidate statement of interest, which lists his principal occupation as a “professional” for the alliance. It’s just so frustrating that there isn’t more disclosure and accountability with regards to potential ethical questions on a member of the Legislature voting on legislation that directly or indirectly impacts the association that he works for,
Valeu said.
Motschenbacher countered that his campaign website clearly displays his employment, noting that the specific job just wasn’t pertinent to the mailer we put out.
Guidance from Legislative Leadership and the Ethics Commission
House Majority Leader Mike Lefor, R-Dickinson, emphasized that there’s more understanding to be done regarding conflict procedures in legislative rules and visiting with the Ethics Commission. State lobbying regulations and registration requirements do not apply to seated lawmakers.
Upcoming Election Landscape in District 47
The debate over Motschenbacher’s dual roles unfolds ahead of the upcoming legislative term.
