North Dakota Constitutional Measure 2, Require Initiated Constitutional Amendments to be Approved by the Legislature or Passed Twice Amendment (2020)

North Dakota Require Initiated Constitutional Amendments to be Approved by the Legislature or Passed Twice Amendment
Election date November 3, 2020
Topic Direct democracy measures
Status d Defeated
Type Constitutional amendment	Origin State legislature

The North Dakota Require Initiated Constitutional Amendments to be Approved by the Legislature or Passed Twice Amendment was on the ballot in North Dakota as a legislatively referred constitutional amendment on November 3, 2020. It was defeated.

A "yes" vote supported the amendment to require initiated constitutional amendments passed by voters to be submitted to the legislature for approval and in the case of rejection, require the measure to be placed on the ballot again at the next statewide election to become effective if approved by the voters a second time.

A "no" vote opposed the amendment to require citizen initiated constitutional amendments to be submitted to the legislature after voter approval.

Election results

North Dakota Constitutional Measure 2
Result		Votes	Percentage
Yes		125,460	38.39%
No		201,343	61.61%

Results are officially certified.

Source

Overview

What would this amendment have done?

See also Text of measure

The measure would have required initiated constitutional amendments passed by voters to be submitted to the legislature at the next legislative session for the legislature's approval or rejection. If the legislature approved a measure by a simple majority vote, in which case the measure would have been deemed enacted. If the legislature rejected the measure, it would have been placed on the ballot again at the next statewide general election and would have become effective if approved by voters a second time. As of 2020, citizen-initiated constitutional amendments became effective once they are approved by voters at a statewide election.

The chart below shows the process for initiated constitutional amendments in North Dakota, as of 2020, in orange and the proposed process under this amendment in blue.

How did this measure get on the ballot?

See also: Path to the ballot

This amendment was sponsored by Republican Senators David Hogue, Dick Dever, and Gary Lee; and Republican Representatives Ben Koppelman, Mike Nathe, and Scott Louser. All 35 Democrats in the North Dakota Legislature (10 in the Senate 15 in the House) voted against this measure. In the House, 15 Republicans joined all 15 Democrats in voting no. In the Senate, five Republicans joined all 10 Democrats in voting no.

As of 2020, North Dakota was a Republican trifecta, meaning the Republican Party held the governorship, a majority in the state senate, and a majority in the state house.

Were there other measures like this on the 2020 ballot?

See also Related measures

A similar amendment was on the 2020 ballot for voters in Florida, which would have required initiated constitutional amendments passed by voters to be approved by voters in two consecutive general elections to become effective.

Text of measure

Ballot language

The ballot language for Measure 2 is below:

“

This constitutional measure would amend and reenact section 9 of Article III of the North Dakota Constitution. The amended section reads as follows: Section 9. A constitutional amendment may be proposed by initiative petition. If signed by electors equal in number to four percent of the resident population of the state at the last federal decennial census, the petition for a constitutional amendment may be submitted to the secretary of state. An initiative to amend the constitution may be placed on the ballot only at a general election. If electors approve an initiative for a constitutional amendment, the amendment must be submitted to the subsequent legislative assembly. If the initiative is approved by a majority of members of each house in the legislative assembly, the initiative is deemed enacted. If the legislative assembly does not approve the initiative, the initiative must be placed on the ballot at the next general election. If the majority of votes cast on the initiative are affirmative, the initiative is deemed enacted. All other provisions relating to initiative measures apply hereto to initiative measures for constitutional amendments. The estimated fiscal impact of this measure is none. [] Yes - Means you approve the measure as stated above. [] No - Means you reject the measure as stated above.

”

Constitutional changes

See also: Article III, North Dakota Constitution

The measure would have amended section 9 of Article III of the state constitution. The following underlined text would have been added, and struck-through text would have been deleted: Note: Use your mouse to scroll over the below text to see the full text.

Section 9. A constitutional amendment may be proposed by initiative petition. If signed by electors equal in number to four percent of the resident population of the state at the last federal decennial census, the petition for a constitutional amendment may be submitted to the secretary of state. An initiative to amend the constitution may be placed on the ballot only at a general election. If electors approve an initiative for a constitutional amendment, the amendment must be submitted to the subsequent legislative assembly. If the initiative is approved by a majority of members of each house in the legislative assembly, the initiative is deemed enacted. If the legislative assembly does not approve the initiative, the initiative must be placed on the ballot at the next general election. If the majority of votes cast on the initiative are affirmative, the initiative is deemed enacted. All other provisions relating to initiative measures apply hereto to initiative measures for constitutional amendments.

Readability score

See also: Ballot measure readability scores, 2020

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The North Dakota Secretary of State wrote the ballot language for this measure. The FKGL for the ballot title is grade level 14, and the FRE is 27. The word count for the ballot title is 189, and the estimated reading time is 50 seconds.

Support

Supporters

Officials

• North Dakota State Senator Dick Dever (R)
• North Dakota State Senator David Hogue (R)
• North Dakota State Senator Gary Lee (R)
• North Dakota State Representative Ben Koppelman (R)
• North Dakota State Representative Scott Louser (R)
• North Dakota State Representative Mike Nathe (R)

Arguments

• North Dakota State Representative and measure sponsor David Hogue (R): "It is, in my opinion, an improvement on what the founders established because it still gives the people the last word."

Opposition

Opponents

Organizations

• North Dakota Watchdog Network

Arguments

• North Dakota Watchdog Network (NDWN) Managing Director Dustin Gawrylow: "A lot of these issues do end up before the Legislature and they have an opportunity to talk about it and they don't. And so ... the initiative process is designed to allow the public to act when the Legislature's unwilling to -- and so putting them into the process when they didn't want to be in the process in the first place is kind of an overreach, as far as I'm concerned."
• North Dakota State Senator Tim Mathern (D): [Lawmakers shouldn't] "impede the rights of the people."

Campaign finance

See also: Campaign finance requirements for North Dakota ballot measures

Protect ND was registered to oppose the measure. The group reported $5,241.23 in in-kind contributions from North Dakota Watchdog Network ($2,241.23) and Citizens in Charge Foundation ($3,000).

Ballotpedia did not identify any committees registered in support of the measure. If you are aware of a committee registered to support this measure, please email editor@ballotpedia.org.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$5,241.23	$5,241.23	$0.00	$5,241.23

Opposition

The following table includes contribution and expenditure totals for the committee in opposition to Measure 2.

Committees in opposition to Constitutional Measure 2
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Protect ND	$0.00	$5,241.23	$5,241.23	$0.00	$5,241.23
Total	$0.00	$5,241.23	$5,241.23	$0.00	$5,241.23

Donors

North Dakota Watchdog Network and Citizens in Charge Foundation were the sole donors to the opposition committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Citizens in Charge Foundation	$3,000.00	$0.00	$3,000.00
North Dakota Watchdog Network	$0.00	$2,241.23	$2,241.23

Background

State processes for initiated constitutional amendments

A total of 18 states have a process for citizen-initiated constitutional amendments. In 15 of those states, including North Dakota, citizens collect signatures for an initiative petition, and if the petition meets all requirements and is certified, it will appear on the ballot for a statewide vote. If the measure is approved by a majority of voters, it becomes effective.

Two states, Mississippi and Massachusetts, have an indirect process for initiated constitutional amendments. Indirect initiated constitutional amendments do not go immediately to the ballot after a successful petition drive, rather, they are presented to the state legislature first.

Process in Nevada

Nevada is the only state where initiated constitutional amendments must be approved at two consecutive elections. This does not apply to legislatively referred constitutional amendments, which must be approved twice by the legislature (with a majority vote) but only once by the state’s voters. Since the pass-it-twice requirement was created in 1962, there have been 14 citizen-initiated constitutional amendments that passed at the first election and appeared on the ballot again at the next election. Of the 14 measures, 12 were passed at their second elections (85.7%) and two failed (14.3%).

Question 6, passed in 2018, required approval again in 2020 to become effective.

Amendments to the North Dakota Constitution

See also: Number of state constitutional amendments in each state, North Dakota Constitution, and Amending North Dakota's constitution

The current (and first) North Dakota Constitution was adopted in 1889. Since its adoption, it has been amended 166 times. From 2006 to 2019, the North Dakota Constitution had been amended 16 times, nine of which resulted from citizen-initiated petitions.

Constitutional amendment statistics 2006-2019

See also: Constitutional amendments from 2006 through 2019

Among states with a process for initiated constitutional amendments, Florida and Colorado featured the most proposed constitutional amendments on the ballot from 2006 through 2019, with a total of 50 and 48, respectively. Of that total, Florida voters approved 33, and Colorado voters approved 18. States with initiated amendments featured an average of 21 proposed constitutional changes, of which an average of around 13 were approved.

Among all 50 states, Louisiana (which does not have an initiative process) featured the most proposed constitutional amendments and the most approved amendments with 96 proposed and 71 (74%) approved. States featured an average of 19 constitutional amendments on the ballot from 2006 through 2019.

The following map shows the number of constitutional amendments ratified in each state from 2006 through 2019, with states featuring more constitutional changes in a darker shade:

Related ballot measures

See also: Florida Amendment 4, Require Constitutional Amendments to be Passed Twice Initiative (2020)

A similar amendment is on the 2020 ballot for voters in Florida. Florida Amendment 4 would require constitutional amendments passed by voters to be placed on the ballot again at the next statewide election and would become effective if approved by the voters a second time. Florida Amendment 4 applies to all types of constitutional amendments including those referred to the ballot by the legislature, commissions, or those that are placed on the ballot through initiative petition efforts.

Direct democracy measures, 2020

See also: Direct democracy measures on the ballot

Five measures that were designed to change the state's laws governing citizen initiatives or other ballot measures were on the ballot in four states for the election on November 3, 2020. The measures included questions about a state's initiative and referendum process, signature gathering requirements, constitutional amendment requirements, and other topics. Click [show] to read more about direct democracy measures in 2020.

Direct democracy measures, 2020

A legislatively referred constitutional amendment on the ballot in Arkansas would have changed many aspects of the state's initiative process including increasing the signature distribution requirement, shortening the signature deadline, eliminating the current opportunity proponents have to collect additional signatures if they fall short. The amendment would also have changed the size of the vote required of the state legislature to refer constitutional amendments to voters from a simple majority to a three-fifths (60%) supermajority vote requirement. The measure was defeated. Voters in two states, North Dakota and Florida, rejected measures that would have required approval at two consecutive elections for constitutional amendments to be ratified. Two direct democracy measures on the ballot in Montana that were referred by the state legislature were approved. They did not change the state's initiative distribution requirements but rather amended the state constitution's language to match the distribution requirements that were currently enforced. 2020 direct democracy measures on the ballot: Ballot Measure: Status: Montana C-47, Initiated Statute and Referendum Distribution Requirements Amendment Approved Florida Amendment 4, Require Constitutional Amendments to be Passed Twice Initiative Defeated Click here to read about changes to laws governing ballot measures in 2019 and here to read about changes to laws governing ballot measures in 2020.

Path to the ballot

See also: Amending the North Dakota Constitution

In North Dakota, a constitutional amendment needs to be passed by a simple majority vote in both chambers of the state legislature to be certified for the ballot.

This amendment was introduced as Senate Concurrent Resolution 4001 on January 3, 2019, by Republican Senators David Hogue, Dick Dever, and Gary Lee. On February 18, 2019, the state Senate passed SCR 4001 by a vote of 31 to 16. Six Republicans joined all ten Senate Democrats in voting no.

On April 11, 2019, the House approved the measure with amendments. On April 15, 2019, the Senate agreed to the House's amendments, certifying the measure for the ballot. The measure passed in the legislature with all Democrats voting in opposition. In the House, 63 Republicans voted yes and 15 Republicans joined all 15 Democrats in voting no. In the Senate, 31 Republicans voted yes and five Republicans joined all 10 Democrats in voting no.

Vote in the North Dakota House of Representatives April 11, 2019
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 48  a
	Yes	No	Not voting
Total	63	30	1
Total percent	67.02%	31.91%	1.06%
Democrat	0	15	0
Republican	63	15	1

Vote in the North Dakota State Senate April 15, 2019
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 24  a
	Yes	No	Not voting
Total	31	15	1
Total percent	65.95%	40.54%	0%
Democrat	0	10	0
Republican	31	5	1

How to cast a vote

See also: Voting in North Dakota

Click "Show" to learn more about voter registration, identification requirements, and poll times in North Dakota.

How to cast a vote in North Dakota

The information below covers regular voting policies in the state. Information may have not applied to the election on November 3, 2020, because of temporary changes in response to coronavirus. Click here to read about changes made for the 2020 elections. Poll times In North Dakota, voting hours at polling locations vary by county. According to statute, all polls must open between 7:00 a.m. and 9:00 a.m., and they must close between 7:00 p.m. and 9:00 p.m. Hours for specific polling places are available online through the state's Polling Place Search. A voter who is standing in line at the time the polls close will be allowed to vote. North Dakota is divided between Central and Mountain time zones. Registration requirements Check your voter information here. North Dakota is the only state that does not require voter registration. “ Although North Dakota was one of the first states to adopt voter registration prior to the turn of the century, it abolished it in 1951. It is also worth noting that North Dakota law still provides cities with the ability to register voters for city elections. North Dakota is a rural state and its communities maintain close ties and networks. North Dakota's system of voting, and lack of voter registration, is rooted in its rural character by providing small precincts. Establishing relatively small precincts is intended to ensure that election boards know the voters who come to the polls to vote on Election Day and can easily detect those who should not be voting in the precinct. ” —North Dakota Secretary of State Voter ID requirements North Dakota requires voters to present identification while voting. Identification must include the voter’s name, current North Dakota residential address, and date of birth. Acceptable forms of voter identification include: Driver’s license Nondriver’s identification card Tribal government-issued identification (including those issued by the Bureau of Indian Affairs (BIA) for a tribe located in North Dakota, any other tribal agency or entity, or any other document that sets forth the tribal member’s name, date of birth, and current North Dakota residential address) Long-term care identification certificate (provided by North Dakota facility) If a voter does not have a form of identification that includes his or her current North Dakota residential address or date of birth, the voter can present the following supplemental documents: Current utility bill Current bank statement Check or a document issued by a federal, state, local, or tribal government (including those issued by BIA for a tribe located in North Dakota, any other tribal agency or entity, or any other document that sets forth the tribal member’s name, date of birth, and current North Dakota residential address) Paycheck Student photo ID card from a North Dakota institution containing the student's photograph and legal name. A printed document on school letterhead containing the student’s name, address, and date of birth must also be presented. North Dakota residents living outside of the United States can submit a U.S. Passport or Military ID if they do not have another valid form of identification. According to the secretary of state's office, "An applicant without an acceptable form of identification may use an attester. The attester must provide his or her name, North Dakota driver’s license, nondriver’s, or tribal identification number, and sign the absentee/mail ballot application form to attest to the applicant’s North Dakota residency and voting eligibility." Voters who cast absentee ballots or vote by mail must include a valid form of identification with their ballot. A voter who has a disability that prevents them from leaving his or her home and is unable to obtain a valid form of identification "must provide his or her name, North Dakota driver’s license, nondriver’s, or tribal identification number, and sign the absentee/mail ballot application form to attest to the applicant’s North Dakota residency and voting eligibility."

See also

2020 measures

• 2020 ballot measures
• Direct democracy measures on the ballot
• 2020 legislative sessions
• Changes in 2019 to laws governing ballot measures

North Dakota

• North Dakota ballot measures
• North Dakota ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• SCR 4001 actions
• SCR 4001 text
• Constitutional Measure 2 ballot language
• North Dakota Secretary of State: November 3, 2020 ballot measure information