Submitted Photo A postcard mailed to Ward County voters regarding the benefits of weather modification has raised questions from weather modification opponents.

A postcard mailed by the North Dakota Weather Modification Association to Ward County voters in May has opponents of the county’s cloud seeding program crying foul.

North Dakotans Against Weather Modification is questioning what it sees as the use of co-mingled county funds in production and distribution of a mailer promoting weather modification just weeks before an election on a related measure.

“It’s taxpayer money,” said Roger Neshem, Berthold, spokesman for North Dakotans Against Weather Modification.

Ward County voters are in the process of casting ballots until June 9 on a measure asking if they want the county commission to continue the weather modification program another five years.

The North Dakota Weather Modification Association is a group with currently 12 members, including weather modification authorities and individuals. The Ward County Weather Modification Authority last paid dues in January and is listed as a member. Other county members are the Mountrail and McKenzie weather modification authorities and the Williams County Water Resource District. Six North Dakota counties have had weather modification programs, although Ward County’s program expired March 31 and awaits the June 9 election results.

The four weather modification authorities that are members of the association each pay $1,800 annually in dues. Annual income from other association members totals around $4,000, said Lance Gaebe, association representative.

“On behalf of its members, the association works to advance weather modification through education and promotion. The mailer was sent with that objective,” Gaebe said in an email.

The postcard lists benefits of cloud seeding in hail reduction, reduced property damage and additional rain, noting the cost in 2019 was 13 cents an acre. It included online links to weather modification websites and a reminder that “A YES vote will continue the Weather Modification Program in Ward County.”

The postcards cost $3,767 to print and mail, according to Gaebe.

Neshem said the postcards appear to be campaign advertising rather than educational.

“I don’t see them putting out fliers all the time,” he said. “When it always shows up before a vote, it doesn’t look good.”

Gaebe said political subdivisions commonly pay dues to associations that advocate for their interests. He said the mailer with its “yes” vote explanation is not part of a campaign but is informational.

In support of the association’s position, Gaebe provided a summary of the U.S. Supreme Court’s government speech doctrine from the Legal Information Institute, Cornell Law School. The summary stated the Supreme Court recognizes that a government entity is entitled to select the views it wants to express. The court also has ruled recipients of government funds can use those funds for advocacy.

North Dakota state law bars the use of state or political subdivision property, including funds, in an election campaign. According to the North Dakota Secretary of State’s Office, if a violation is suspected, the remedy is for a complainant to bring court action.

Ward County commissioners are divided on their assessment of the mailer.

Commissioners Jim Rostad and John Fjeldahl said the mailer appears to be campaign material. Commissioner Alan Walter said it looks to be a promotion for the cloud seeding program.

“The information on the postcard is the same information provided by the North Dakota Atmospheric Resource Board for their annual report to the public,” Commissioner John Pietsch responded in an email. “The statement on the card about a yes vote will continue the program is factual but could be considered misleading if not fully read. The question is can tax payer dollars be used to educate the public? Right or wrong, it happens all the time. How different is it than when tax funded government entities are lobbying before the legislature? Is this also the best use of tax dollars?”

In response to the mailer, Commissioner Shelly Weppler said the county allocates dollars to various entities. Those boards are responsible for their budgets and activities, she said.

Fjeldahl and Weppler pointed out the county weather modification authority should no longer be considered a member of the association because the authority doesn’t exist at this time.

However, Neshem said North Dakotans Against Weather Modification questions the use of tax dollars, whether it is Ward County’s taxes or other counties’ taxes. He said the mailer represents largely outside interests seeking to influence Ward County’s vote.

Friends of Ward County Weather Modification, a local group promoting the ballot measure, has supported the association’s position in distributing the postcards.