Laws governing the initiative process in North Dakota
From Ballotpedia - Reading time: 17 min
Laws and procedures[edit]
Citizens of North Dakota may initiate legislation as either a state statute or a constitutional amendment. In North Dakota, citizens also have the power to repeal legislation via veto referendum. The North Dakota Legislative Assembly may also place measures on the ballot as legislatively referred constitutional amendments with a majority vote.
Crafting an initiative[edit]
Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates and establish guidelines for adjudicating contradictory measures.
Single-subject rule[edit]
- See also: Single-subject rule
North Dakota does not employ a single-subject rule.
See law: North Dakota Constitution, Article III, Sections 1-10 and North Dakota Century Code, Title 16.1, Chapter 1, Sections 7-17
Subject restrictions[edit]
- See also: Subject restrictions (ballot measures)
Besides the prohibition against initiated constitutional amendments that would directly appropriate funds outlined below, initiated measures and amendments are not governed by subject restrictions in North Dakota. In addition, they are not required to specify a funding source for mandated expenditures.
See law: North Dakota Constitution, Article III, Sections 1-10 and North Dakota Century Code, Title 16.1, Chapter 1, Sections 7-17
Competing initiatives[edit]
North Dakota law provides that in the event that two conflicting measures are approved, the measure with the most affirmative votes supersedes the other.
See law: North Dakota Constitution, Article III, Section 8
Public fund appropriation[edit]
A prohibition against the circulation of a petition to initiate a constitutional amendment that would directly appropriate public funds or require lawmakers to directly appropriate funds for a specific purpose was approved by the North Dakota legislature in 2013.
See law: North Dakota House Concurrent Resolution 3011 (2013) and Section 2 of article III of the Constitution of North Dakota
Starting a petition[edit]
Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.[1][2][3]
Applying to petition[edit]
- See also: Approved for circulation
North Dakota is one of several states that require a certain number of signatures to accompany petition applications. The signatures of at least 25 qualified voters who will serve as sponsors of the ballot measure are required. A chairperson for the sponsors must be also designated. In addition, sponsors must file a copy of the petition complete with the text of the measure.
See law: North Dakota Constitution, Article III, Section 2 and North Dakota Century Code, Title 16.1, Chapter 1, Section 9
Proposal review/approval[edit]
- See also: Approved for circulation
The North Dakota secretary of state reviews the petition to ensure that it is in "proper form and contains the names and addresses of the sponsors and the full text of the measure."
See law: North Dakota Constitution, Article III, Section 2 and North Dakota Century Code, Title 16.1, Chapter 1, Section 9
Petition summary[edit]
- See also: Starting a petition
The secretary of state drafts a petition title for the measure fairly and concisely representing the measure. This title must be approved by the North Dakota attorney general.
- An example of a petition title can be found on the petition here.
See law: North Dakota Constitution, Article III, Section 2 and North Dakota Century Code, Title 16.1, Chapter 1, Section 9
Collecting signatures[edit]
Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.
Number required[edit]
- See also: North Dakota signature requirements
Since North Dakota does not have a voter registration system, the number of signatures required is tied to the population reported by the last decennial census. As such, any US Citizen who is at least 18 years old and who has resided in the state for at least thirty days may sign an initiative petition. For statutes and veto referendums, the number of signatures required is 2 percent of the population. For constitutional amendments, it is 4 percent of the population. For recall, signatures must equal 25 percent of the votes cast for that particular office in the last election. Officials in Congress are exempt from recall. A signer's name must be legibly printed on a petition and the signer's zip code must be included.
The chart below shows election years and the signature requirement for initiatives designed to appear on the ballot in that year, with decennial census years bolded.
| Year | Constitutional amendment | Initiated statute | Veto referendum |
|---|---|---|---|
| 2022 | 31,164 | 15,582 | 15,582 |
| 2020 | 26,904 | 13,452 | 13,452 |
| 2018 | 26,904 | 13,452 | 13,452 |
| 2016 | 26,904 | 13,452 | 13,452 |
| 2014 | 26,904 | 13,452 | 13,452 |
| 2012 | 26,904 | 13,452 | 13,452 |
| 2010 | 25,688 | 12,844 | 12,844 |
| 2008 | 25,688 | 12,844 | 12,844 |
See law: North Dakota Constitution, Article III, Sections 4, 9, & 10
Distribution requirements[edit]
- See also: Distribution requirements
North Dakota does not have a distribution requirement for petition signatures.
See law: North Dakota Constitution, Article III, Sections 1-10 and North Dakota Century Code, Title 16.1, Chapter 1, Sections 7-17
Restrictions on circulators[edit]
Circulator requirements[edit]
- See also: Petition circulator
In North Dakota, no law could be found that prohibited a circulator from signing his/her own petition. Each initiative petition must contain a circulator affidavit, signed by the circulator in front of a public notary. A circulator must also swear to and sign a statement, under the penalty of law, that he/she personally witnessed every act of signing the petition.[4]
According to North Dakota Constitution, Article III, Sec. 3, and North Dakota Century Code, Sec. 16.1, circulators are required to be at least 18 years of age or older and to be an elector in the state of North Dakota. Moreover, paid circulators must be registered with the secretary of state. Volunteers do not have to register.[4]
Once circulation is complete, signatures are submitted to the secretary of state.[4]
See laws: North Dakota Constitution, Article 3, Section 3 and North Dakota Century Code, Sec. 16.1-01-09 and Sec. 16.1-01-12
Pay-per-signature[edit]
- See also: Pay-per-signature
North Dakota prohibits paying signature gatherers based on the number of signatures collected.
In Initiative & Referendum Institute v. Jaeger, the United States Court of Appeals for the 8th Circuit upheld the ban.
See law: North Dakota Century Code, Title 16.1, Chapter 1, Section 12(11) & I & R Institute v. Jaeger
Out-of-state circulators[edit]
North Dakota requires signature gatherers to be eligible to vote in the state. In Initiative and Referendum Institute v. Jaeger, the United States Court of Appeals for the 8th Circuit upheld the requirement. North Dakota, however, does not have a voter-registration system. Thus, any resident of the state who is at least 18 years old is eligible to vote in the state.
See law: North Dakota Constitution, Article III, Section 3 and I and R Institute v. Jaeger
Badge requirements[edit]
- See also: Badge requirements
North Dakota law does not require the circulator's paid/volunteer status to be disclosed.
See law: North Dakota Constitution, Article III, Sections 1-10 and North Dakota Century Code, Title 16.1, Chapter 1, Sections 7-17
Electronic signatures[edit]
- See also: Electronic petition signatures
Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. North Dakota law does mandate that signatures be collected in person.
See law: North Dakota Constitution, Article III, Section 3
Deadlines for collection[edit]
In North Dakota, petitioners may only circulate a petition for one year following the secretary of state's initial approval. The completed petition must be submitted at least 120 days prior to the election per Measure 1, approved on June 10, 2014.
See law: North Dakota Century Code, Title 16.1, Chapter 1, Section 9 (7) and Article III, North Dakota Constitution
Getting on the ballot[edit]
Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.
Signature submission[edit]
- See also: North Dakota House Bill 1372 (2013)
According to a 2013 House Bill, once signature petitions are submitted to the secretary of state, they are considered filed and cannot be returned to the sponsoring committee for the purpose of continuing the circulation process or resubmitting the petitions at a later time.[5] Within 180 days of submitting a petition, a statement disclosing the following information must be submitted as well:[6]
- Whether petition circulators will be paid or will be strictly volunteer
- If paid, the total amount of money paid to or expected to be paid to circulators.
See law: North Dakota Century Code, Title 16.1, Chapter 1, Section 9
Signature verification[edit]
- See also: Signature certification
Once the signatures have been gathered, the secretary of state verifies them using a random sample method. Since North Dakota does not have a voter registration system, the secretary may use "questionnaires, postcards, telephone calls, personal interviews, or other accepted information-gathering techniques" to verify the selected signatures.
See law: North Dakota Century Code, Title 16.1, Chapter 1, Section 10
Ballot title and summary[edit]
- See also: Ballot title
In North Dakota, measures are given a generic name (e.g. Constitutional Measure No. 1, Initiated Statutory Measure No. 2). Numbers are assigned sequentially for all measures beginning with "1" at each election. A brief summary and the results of the voters' choice are presented on the ballot. Descriptive titles, full summaries and fiscal analyses do not appear on the ballot.
- A sample ballot can be found here.
See law: North Dakota Constitution, Article III, Sections 1-10 and North Dakota Century Code, Title 16.1, Chapter 1, Sections 7-17
Fiscal review[edit]
- See also: Fiscal impact statement
The North Dakota Legislative Council prepares a fiscal analysis of each measure after certification and prior to the election. At least 30 days prior to the election, the fiscal analysis is presented to the secretary of state. This information is made available to the public by the secretary of state. According to a bill passed in 2013, if the fiscal impact of an initiated ballot measure is deemed "significant," the measure must be put on a general election ballot.
See law: North Dakota Constitution, Article III, Sections 2 and North Dakota Century Code, Title 16.1, Chapter 1, Section 17
The election and beyond[edit]
Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.
Supermajority requirements[edit]
- See also: Supermajority requirements
In North Dakota, each ballot measure requires only a simple majority of the votes cast for or against it for approval. This also applies to legislative referrals.
See law: North Dakota Constitution, Article III, Sections 8 and 9
Effective date[edit]
Approved North Dakota ballot measures take effect 30 days after the election.
See law: North Dakota Constitution, Article III, Sections 8 and 9
Litigation[edit]
- See also: Ballot measure lawsuit news
Challenges to any decision made by the secretary of state during the initiative process should be filed in the North Dakota Supreme Court. No court ruling may invalidate a measure after voters have approved it. In addition, if a challenge is pending while the ballot is being prepared, the measure should still be placed on the ballot.
See law: North Dakota Constitution, Article III, Section 7
Legislative alteration[edit]
- See also: Legislative alteration
The North Dakota Legislative Assembly may not repeal or amend an initiative for seven years without a 2/3 majority votes.
See law: North Dakota Constitution, Article III, Section 8
Re-attempting an initiative[edit]
In North Dakota, there is effectively no limit on how often ballot measures may be reattempted.[7] State law does prohibit "more than two elections on the same general matter" within twelve months. Since measures are typically presented at only primary and general elections, a special election would have to be called to exceed this limit. Moreover, the petition periods for these measures would overlap, requiring petitions on the "same general matter" to be circulated simultaneously for multiple elections.
See law: North Dakota Constitution, Article III, Sections 1-10 and North Dakota Century Code, Title 16.1, Chapter 1, Section 11
Funding an initiative campaign[edit]
Some of the notable features of North Dakota's campaign finance laws include:
- Corporate contributions are treated as direct expenditures in support or opposition of a referendum.
- North Dakota bans corporate contributions while a legislative-referred referendum is in debate in the North Dakota Legislative Assembly.
- Groups in support or opposition of a referendum must report all contributions of $500 or more within 48 hours during the final 20 days before the election.
- Reports of all contributions over $100 dollars must be made on the dates and with the content dictated by North Dakota Senate Bill 2299, which was approved in 2013.
State initiative law[edit]
Article III of the North Dakota Constitution addresses initiatives.
Chapter 1 of Title 16.1 of the North Dakota Century Code governs initiatives.
External links[edit]
- North Dakota Secretary of State, "Initiating and Referring Law in North Dakota," September 2011
- North Dakota Secretary of State, "History of Initiative and Referendum in North Dakota," 2011
Footnotes[edit]
- ↑ NCSL, "Drafting the Initiative Proposal," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Fiscal Analysis," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Ballot Title and Summary," accessed May 19, 2011
- ↑ 4.0 4.1 4.2 North Dakota Century Code, "Sec. 16.1-01-09, -12" accessed March 10, 2015
- ↑ National Conference of State Legislatures, "Initiative and Referendum Legislation Database," accessed January 20, 2014
- ↑ North Dakota House Bill 1451 (2013)
- ↑ NCSL, "Banning Same or Similar Measures from the Ballot for a Specified Period of Time," May 2009
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State of North Dakota Bismarck (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
Changes in the law[edit]
| Contents |
|---|
| 1 Laws and procedures |
| 2 Changes in the law |
| 2.1 Proposed changes by year |
| 2.1.1 2022 |
| 2.1.2 2021 |
| 2.1.3 2010 |
| 2.1.4 2019 |
| 2.1.5 2018 |
| 2.1.6 2017 |
| 2.1.7 2016 |
| 2.1.8 2015 |
| 2.1.9 2014 |
| 2.1.10 2013 |
The following laws have been proposed that modify ballot measure law in North Dakota. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.
Proposed changes by year[edit]
2022[edit]
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2021[edit]
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2020[edit]
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2019[edit]
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2018[edit]
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2017[edit]
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2016[edit]
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2015[edit]
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2014[edit]
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2013[edit]
In 2013, the following bills affecting the initiative process were approved by the legislature:
- Note: Some have not yet taken effect or require voter approval for enactment.
- North Dakota House Bill 1372 relating to submission of petitions was approved.
- North Dakota House Bill 1402 concerning signatures and required signer information.
- North Dakota House Bill 1451 relating to paid circulator disclosure requirements for petition sponsors.
- North Dakota HCR 3011 concerning restrictions on fiscal effects of initiatives. (Requires voter approval on June 2014 election ballot)
- North Dakota Senate Bill 2299 concerning campaign finance disclosures for initiative sponsors.
The following bills were introduced in the North Dakota State Legislature:
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2012[edit]
2011[edit]
The following bills were introduced in the North Dakota Legislative Assembly:
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2010[edit]
No proposed changes were identified in 2010.
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State of North Dakota Bismarck (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
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