Laws governing local ballot measures in North Dakota

Laws Governing Local Ballot Measures

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Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

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Some North Dakota cities and all counties have an initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures in North Dakota. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 53 counties, 1,661 cities, towns, and villages, and 683 special districts.

Ballot Law Portal

Laws Governing Ballot Measures

School districts

See also: School bond and tax elections in North Dakota

In North Dakota, voting can occur on three different kinds of school tax levy ballot measures:

• General fund levy-This is for basic funding of the school districts operations such as maintenance costs, teacher salaries and basic operating costs.
• Capital Improvement levy-This is to fund new construction and capital improvements for school districts as this is a separate levy.
• Distance Learning fund levy-This levy is designed for school districts to create a levy only for distance learning programs.

North Dakota has tough super majority requirements for voter approval. Any levy for capital improvements must have a three-fifths (60%) super-majority vote while any general fund levy election question must have a fifty-five percent super majority. A distance learning levy only requires a simple majority.

Local recall rules

The citizens of North Dakota may initiate a recall election against any elected official, at any level of government. The North Dakota Constitution, Article III, Sections 1 and 10 authorizes recall against statewide, legislative, and county officials. The North Dakota Century Code, Section 44-08-21 authorizes recall against all elected officials in the remaining political subdivisions of the state.

For additional detail, see: Laws governing recall in North Dakota

Initiative process availability

The local units of government in North Dakota that make the initiative process available are:

• All 35 general law cities with a commission or modern council form of government have a mandated initiative process for ordinances.
• All 130 charter cities have a mandated initiative process for charter amendment. Charters may also contain provisions for ordinance initiative.
• All 45 general law counties have a mandated initiative process for ordinances.
• All eight charter counties have a mandated initiative process for charter amendment.

Authority

A guide to local ballot initiatives

Constitution

There is no mention of local initiative and referendum in the North Dakota Constitution.

Statutes

Initiative and referendum in commission and modern council cities is mandated in the North Dakota Century Code 40-12. See law: North Dakota Century Code 40-12

Initiative for amendments to city charters is mandated in North Dakota Century Code 40-05.1-02. See law: North Dakota Century Code 40-05.1-02

Initiative for amendments to county charters is mandated in North Dakota Century Code 11-09.1-06. See law: North Dakota Century Code 11-09.1-06

In March 2013 the North Dakota legislature passed a bill that would have permitted counties to schedule special elections for proposed charter amendments, as cities are allowed to do as detailed below. Previously under state law amendments to county charters could only be submitted to a vote during primary and general elections. Gov. Jack Dalrymple vetoed the bill on the rationale that such important matters should not be submitted to an election which typically has low turnout.

Initiative process features in general law cities

The initiative process for commission and modern council forms of government is detailed in the North Dakota Century Code 40-12.

Ordinance initiative process   Subject matter restrictions There are no subject matter restrictions on municipal initiative and referendum. Petition text approval There is no process for approval prior to circulation of the petition. Signatures required For initiatives: you need a number of signatures equal to at least 15% of the votes cast by qualified electors for all candidates for the executive officer at the preceding regular municipal election. For referendums: a number of signatures equal to at least 10%. (ND Century Code 40-12-02 and 40-12-08) Circulation Referendums have to be turned in within 10 days of the ordinance in question being enacted. Petition appearance and content Each petition, in addition to the names of the petitioners, must contain the name of the street upon, and the number of the house in, which each petitioner resides. The petition must be accompanied by affidavit of at least 1 qualified elector of the city stating that signers were qualified electors of the city at the time of signing and the number of signers upon the petition at the time when the affidavit was made. One elector must also take an oath declaring the validity of the signatures. (ND Century Code 40-12-03 and 40-12-04) Indirect approval process The process for approval is indirect. The governing body has 20 days after certification to adopt the ordinance without alteration, or shall submit at an election as provided below. (ND Century Code 40-12-06) Scheduling an election and results of election If the number of signatures is at least 15% but less than 25% of the votes cast by qualified electors for all candidates for the executive officer at the preceding regular municipal election then a special election is called, unless a general city election is fixed within ninety days. If the number of signatures is at least 25%, then the governing body must pass the ordinance without change within twenty days after the filing of the petition or submit the initiated ordinance at the next general municipal election, as long as an election occurs not more than thirty days after certificate of sufficiency and if no general municipal election is to be held within 30 days after certificate of sufficiency, the governing body shall call a special election. A simple majority determines the result of the election. (ND Century Code 40-12-06 and 40-12-07)

Initiative process features in charter cities

The initiative process for amendments to city charters is detailed in the North Dakota Century Code 40-05.1.

Charter amendment initiative process   Subject matter restrictions No amendment of a home rule charter shall shorten the term for which any official was elected or reduce the salary of the official's office for that term (40-05.1-11) Petition text approval There are no specifications in the charter amendment clause. Signatures required 15% of the qualified electors of the city voting in the last city election. (ND Cent. Code 40-05.1-07, 40-05.1-02) Circulation There are no specifications in the charter amendment clause. Petition appearance and content There are no specifications in the charter amendment clause. Scheduling an election and results of election Amendments must be submitted to a vote of the qualified electors of the city at a regular or special city election, or at any statewide election, that is held at least 60 days after submission, but no more than two years. A simple majority determines the outcome of the election. (ND Cent. Code 40-05.1-07, 40-05.1-04)

Initiative process in the top 10 most populated cities

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

The top 10 most populated cities are all governed under a home rule charter. Charters may be amended by initiative, with some charters containing additional details such as petition form requirements. All charters below also authorize initiative for ordinances, as provided.

Individual city provisions   Fargo Population as of the July, 2011 census update: 107,349 Charter city Signature requirement is 15% of the number of voters who voted for mayor in the most recent city election at which that office was filled. The petition content requirements are in Fargo Charter, Art. 4, including providing 3 names as the petitioners' committee. After certification, the commission has 21 days to adopt or shall submit at an election not less than 60 days from certification. Majority vote passes the measure. Initiated ordinances adopted by voters cannot be repealed or amended except by voters. Fargo Charter, Art. 4 Bismarck Population as of the July, 2011 census update: 62,665 Charter city Signature requirement is 15% of the number of electors voting in the city for all candidates for the executive officer at the last election. A petition to initiate an ordinance shall be presented to the city attorney, or other official designated by ordinance, for approval as to form prior to circulation. The petition content requirements are in Bismarck Charter, Art. 3, Sec. 2, including providing 3 names as the petitioners' committee. After certification, the commission has 30 days to adopt or shall submit at the next election occurring after 60 days from the filing of sufficient petitions, or at a special election. Majority vote passes the measure. The commission may not repeal or amend initiated ordinances adopted by voters except by vote of all members for a period of 5 years. Bismarck Charter, Art. 3, Sec. 2 Grand Forks Population as of the July, 2011 census update: 52,631 Charter city Signature requirement is 15% of the total number of votes cast in the city at the last gubernatorial election. The petition content requirements are in Grand Forks Charter, Art. IV, including providing 3 names as the petitioners' committee. After certification, the council has 60 days to adopt or shall submit no later than the next regular general election after certification. Majority vote passes the measure. The council may not repeal or amend initiated ordinances adopted by voters except by vote of three-fourths (¾) of the members therefor for 10 years. Restrictions: The power of initiative and referendum shall not extend to the annual appropriations ordinance, or any limitation as to the annual mill levy, nor to those ordinances or resolutions implementing public projects upon which an election has previously been held, nor shall the power of initiative and referendum extend to special improvement projects under which the law provides for protest procedures or to special assessment projects carried out under the provisions of the North Dakota Century Code. Grand Forks Charter, Art. IV Minot Population as of the July, 2011 census update: 42,485 Charter city Signature requirement is 15% of the total votes cast in the city at the most recent presidential election. The petition content requirements are in Minot Code, Sec. 11.5-4, including providing 3 names as the petitioners' committee. After certification, the council has 60 days to adopt or shall submit at an election within 120 days from certification. If no regular city election is held within such time period, council shall call a special election. Majority vote passes the measure. The council may not repeal or amend initiated ordinances adopted by voters except by vote of three-fourths (¾) of the members therefor for 10 years. Restrictions: The power of initiative and referendum shall not extend to the annual appropriations ordinance, nor to those ordinances or resolutions implementing public projects upon which an election has previously been held, nor shall the power of initiative and referendum extend to special improvement projects under which the law provides for protest procedures or to special assessment projects carried out under the provisions of the North Dakota Century Code. Minot Code, Sec. 11.5-4 West Fargo Population as of the July, 2011 census update: 26,291 Charter city Signature requirement is 15% of those voting in the city for the office of president in the most recent presidential election. The petition content requirements are in West Fargo Charter, Art. IV, including providing 3 names as the petitioners' committee. After certification, the commission has 30 days to adopt or shall submit at next city-wide election to occur; however, if no election is to occur within 90 days from certification, shall call a special election within such period. Majority vote passes the measure. The commission may not repeal or amend initiated ordinances adopted by voters for a period of 2 years. Restrictions: The power of initiative and referendum shall not extend to the budget or capital program, the appropriation of money, the levy of taxes, any limitation as to the annual mill levy, zoning or to those ordinances implementing public projects upon which an election has previously been held. Nor shall the power of initiative and referendum extend to special improvement projects under which the law provides for protest procedures or to special assessment projects carried out under the provisions of the North Dakota Century Code. West Fargo Charter, Art. IV Mandan Population as of the July, 2011 census update: 18,507 Charter city Signature requirement is 15% of the votes cast for all candidates for the executive officer of the city at the preceding regular city election in which said executive officer was subject to election. The petition content requirements are in Mandan Charter, Art. 4, including providing 3 names as the petitioners' committee. After certification, the measure shall be placed upon the ballot at the next city-wide election occurring at least 30 days after the filing and determination of sufficiency; or at a special election called by the governing body, whichever shall occur first. Mandan Charter, Art. 4 Dickinson Population as of the July, 2011 census update: 18,499 Charter city Signature requirement is 15% of the total votes cast in the city at the most recent city election. The petition content requirements are in Dickinson Charter, Art. 5, including providing 3 names as the petitioners' committee. After certification, the council has 60 days to adopt or shall submit at a regular election if scheduled within 15 to 90 days from certification, otherwise call a special election. Majority vote passes the measure. The council may not repeal or amend initiated ordinances for a period of 5 years after the date of the election adopting such ordinance except by a four-fifths (4/5) vote of the members thereof. Dickinson Charter, Art. 5 (dead link)' Williston Population as of the July, 2011 census update: 16,006 Charter city The Williston Charter could not be found online. Update to come. Jamestown Population as of the July, 2011 census update: 15,400 Charter city Signature requirement is 15% of the total votes cast in the city at the most recent presidential election. Prior to circulation of the proposed initiated measure, the proposed petition shall be submitted to the city auditor for approval as to form. The petition content requirements are in Jamestown Code, Chap. 13, Art. II, including providing 3 names as the petitioners' committee. After certification, the council has 60 days to adopt or shall submit at a regular election if scheduled within 15 to 90 days from certification, otherwise call a special election. Majority vote passes the measure. The council may not repeal or amend an initiated ordinance adopted by the voters except by a three-quarters (¾) vote of the members thereof for a period of 5 years after the date of the election. Jamestown Code, Chap. 13, Art. II Wahpeton Population as of the July, 2011 census update: 7,731 Charter city Signature requirement is 15% of the number of electors voting in the city for the office of governor at the last election. A petition to initiate an ordinance shall be presented to the City Auditor for approval as to form prior to circulation. The petition content requirements are in Wahpeton Charter, Art. 4, including providing 3 names as the petitioners' committee. After certification, the council has 20 days to adopt or shall submit at a regular election if scheduled within 15 to 90 days from certification, otherwise call a special election. Majority vote passes the measure. The council may not repeal or amend an initiated ordinance adopted by the voters except by a three-quarters (¾) vote of the members thereof for a period of 6 years after the date of the election. Wahpeton Charter, Art. 4

See also

• Laws governing ballot measures
• Laws governing local ballot measures
• Local ballot measures, North Dakota
• Counties in North Dakota

External links

• Ballotpedia Research Document, Local Initiative in North Dakota
• North Dakota League of Cities