North Dakota Constitutional Measure 2, Single-Subject Requirement for Initiatives and Require Constitutional Initiatives to be Passed Twice Amendment (2024)
| North Dakota Single-Subject Requirement for Initiatives and Require Constitutional Initiatives to be Passed Twice Amendment | |
|---|---|
 | |
| Election date November 5, 2024 | |
| Topic Direct democracy measures | |
| Status On the ballot | |
| Type Constitutional amendment | Origin State legislature |
The North Dakota Single-Subject Requirement for Initiatives and Require Constitutional Initiatives to be Passed Twice Amendment is on the ballot in North Dakota as a legislatively referred constitutional amendment on November 5, 2024.
A "yes" vote supports this constitutional amendment to:
|
A "no" vote opposes this constitutional amendment to adopt a single-subject rule for initiatives and make changes to the signature requirement and election process for citizen-initiated constitutional initiatives. |
Overview
What would the amendment change?
- See also: Text of measure
This amendment would make changes to the state's initiative process and requirements, including:
- establishing a single-subject rule for initiatives (both statutory and constitutional), as determined by the North Dakota Secretary of State;
- increasing the signature requirement for constitutional amendment initiatives from 4% of the resident population to 5% of the resident population of the state; and
- requiring proposed constitutional initiatives that have qualified for the ballot to be placed on the next primary election ballot in June, and, if approved, be placed on the next general election ballot in November, where it must be approved again to become effective.[1]
What is a single-subject rule and what states have them?
- See also: Single-subject rule
A single-subject rule is a state law that requires ballot initiatives to address a single subject, topic, or issue. There are 26 states that provide for at least one type of statewide citizen-initiated measure. Of those 26 states, 17 have single-subject rules. As of 2023, North Dakota was one of nine states that provide for at least one type of statewide citizen-initiated measure and that did not have a single-subject rule. The last ballot measure to provide for a single-subject rule for initiatives was Arizona Proposition 129, which was approved by a vote of 55% of voters in favor and 45% opposed.
Do other states require initiated amendments to be approved at two consecutive elections?
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 double election requirement was created in 1962, there have been 15 citizen-initiated constitutional amendments that passed at the first election and appeared on the ballot again at the next election. Of the 15 measures, 13 were passed at their second elections (86.66%) and two failed (13.33%). Question 9 (1982) was rejected with 58.77% of the vote after it was approved with 70.31% of the vote in 1980. Question 3 (2018) was rejected with 67.05% of the vote after it was approved with 72.36% of the vote in 2016.
Text of measure
Constitutional changes
- See also: Article III, North Dakota Constitution
The measure would amend sections 2, 3, 4, and 9 of Article III of the state constitution. The following underlined text would be added and struck-through text would be deleted:[2]
Note: Use your mouse to scroll over the below text to see the full text.
The legislative assembly may provide by law for a procedure through which the legislative council may establish an appropriate method for determining the fiscal impact of an initiative measure and for making the information regarding the fiscal impact of the measure available to the public. Section 3. The petition shall may be circulated only by qualified electors. Section 4. The petition may be submitted to the secretary of state if signed by qualified electors equal in number to two percent of the resident population of the state at the last federal decennial census. Section 9. A constitutional amendment may be proposed by initiative petition. The petition may be circulated only by qualified electors. The proposed amendment may not embrace or be comprised of more than one subject, as determined by the secretary of state, and the secretary of state may not approve the initiative petition for circulation if the proposed amendment comprises more than one subject. If signed by qualified electors equal in number to |
Support
Supporters
Officials
- State Sen. David Hogue (R)
- State Sen. Janne Myrdal (R)
- State Rep. Mike Lefor (R)
Ballotpedia has not located a campaign in support of the ballot measure. You can share campaign information or arguments, along with source links for this information, with us at editor@ballotpedia.org.
Opposition
Arguments
Ballotpedia has not located a campaign in opposition to the ballot measure. You can share campaign information or arguments, along with source links for this information, with us at editor@ballotpedia.org.
Campaign finance
If you are aware of a committee registered to support or oppose 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 | $0.00 | $0.00 | $0.00 | $0.00 |
Polls
- See also: Ballotpedia's approach to covering polls and 2024 ballot measure polls
- Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.
| North Dakota Constitutional Measure 2, Single-Subject Requirement for Initiatives and Require Constitutional Initiatives to be Passed Twice Amendment (2024) | ||||||
|---|---|---|---|---|---|---|
| North Dakota News Cooperative, WPA Intelligence | 11/5/2023-11/7/2023 | 517 LV | ± 4.3% | 36% | 48% | 18% |
| Question: "Do you support or oppose changing the North Dakota Constitution to require constitutional amendments to pass twice- in consecutive elections- to become law?" | ||||||
| Note: LV is likely voters, RV is registered voters, and EV is eligible voters. | ||||||
Background
Single-subject rule
- See also: Single-subject rule
The single-subject rule is a state law that requires ballot initiatives to address a single subject, topic, or issue. There are 26 states that provide for at least one type of statewide citizen-initiated measure. Of those 26 states, 17 have single-subject rules.
The following map provides a visual illustration of which states have an initiative and referendum process and a single-subject rule for citizen-initiated measures.
To read more about states with single-subject requirements, click here.
Recent single-subject rule ballot measures
- See also: Direct democracy ballot measures
2022
In 2022, voters in Arizona approved Proposition 129, which required citizen-initiated ballot measures to embrace a single subject. Prior to Proposition 129, Arizona did not have a single-subject rule for ballot initiatives. The Arizona State Legislature referred Proposition 129 to the ballot.
2018
South Dakota voters approved Amendment Z in November 2018. Amendment Z enacted a single-subject rule for constitutional amendments—including both initiated constitutional amendments and legislatively referred constitutional amendments. It did not enact a single-subject rule for initiated state statutes. Prior to November 2018, South Dakota did not feature a single-subject rule for any type of statewide ballot measure. Amendment Z was referred to the ballot by the legislature, which voted on it largely along partisan lines, with all but five Republican legislators voting in favor of it and all but two Democratic legislators voting against it. The state legislature also passed a bill in 2018—House Bill 1007—that enacted a single-subject rule for initiated state statutes, thus applying a single-subject rule to all citizen initiatives in the state.
State processes for initiated constitutional amendments
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. There are 18 states that allow citizens to initiate constitutional amendments. Proponents of a ballot initiative collect petition signatures from a certain minimum number of registered voters in a state.
The 18 states that provide for initiated constitutional amendments are:
An initiated constitutional amendment (ICA) can be direct or indirect. Of the 18 states that provide for initiated constitutional amendments, these measures are direct in 16 states and indirect in two states - Massachusetts and Mississippi. While a direct initiative goes to voters, an indirect initiative goes to the state legislature, which can take various actions on the proposal, before voters. You can read more about indirect initiated constitutional amendments here.
Note on Mississippi:
Mississippi has an initiated constitutional amendment process, including a signature distribution requirement based on five congressional districts. However, the requirements cannot be met, according to the Mississippi Supreme Court, because the state has four congressional districts following reapportionment in 2001.[4]
Nevada double-election requirement
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 double election requirement was created in 1962, there have been 15 citizen-initiated constitutional amendments that passed at the first election and appeared on the ballot again at the next election. Of the 15 measures, 13 were passed at their second elections (86.66%) and two failed (13.33%). Question 9 (1982) was rejected with 58.77% of the vote after it was approved with 70.31% of the vote in 1980. Question 3 (2018) was rejected with 67.05% of the vote after it was approved with 72.36% of the vote in 2016.
Constitutional amendments in North Dakota
Referred amendments
From 1996 through 2022, the state legislature referred 37 constitutional amendments to the ballot. Voters approved 24 and rejected 13 of the referred amendments. All of the amendments were referred to the ballot during even-numbered election years. The average number of amendments appearing on the ballot was about three. The approval rate of referred amendments at the ballot box was 64.86% from 1996 through 2022. The rejection rate was 35.14%. The following table contains data for referred amendments during even-numbered election years from 1996 through 2022:
| Legislatively-referred constitutional amendments, 1996-2022 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Total number | Approved | Percent approved | Defeated | Percent defeated | Even-year average | Even-year median | Even-year minimum | Even-year maximum | |
| 37 | 24 | 64.86% | 13 | 35.14% | 3 | 2 | 0 | 8 | |
Initiated amendments
From 1996 through 2022, 17 initiated constitutional amendments appeared on the ballot. Voters approved 10 (58.82%) and rejected 7 (41.18%) of the proposed amendments. All of the amendments were on the ballot during even-numbered election years. The average number of amendments appearing on the ballot was about one. The following table contains data for initiated constitutional amendments during even-numbered election years from 1996 through 2022:
| Citizen initiated constitutional amendments, 1996-2022 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Total number | Approved | Percent approved | Defeated | Percent defeated | Even-year average | Even-year median | Even-year minimum | Even-year maximum | |
| 17 | 10 | 58.82% | 7 | 41.18% | 1.2 | 1 | 0 | 5 | |
Signature requirements for North Dakota initiatives
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. For statutes and veto referendums, the number of signatures required is 2% of the population. For constitutional amendments, it is 4% of the population.
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. In 2021, the population of North Dakota was reported as 779,100.[5][6] Signature requirements will be recalculated after the 2030 decennial census and will trigger changes in the number of required signatures beginning in 2032.
| 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 |
Changes in the number of required signatures
Path to the ballot
- See also: Amending the North Dakota Constitution
To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the North Dakota State Senate and the North Dakota House of Representatives.
This amendment was introduced as Senate Concurrent Resolution 4013 on January 23, 2023. The Senate approved the amendment in a vote of 44-3 on February 21, 2023. The House passed an amended version of the bill on March 23 in a vote of 73-18 and returned the bill to the Senate for concurrence. The Senate concurred with the House's amendments on April 10, 2023, by a voice vote.[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 | ||||||
|---|---|---|---|---|---|---|
Poll timesIn 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.[7][8] Registration
North Dakota is the only state that does not require voter registration.[9]
Voter ID requirementsNorth Dakota requires voters to present identification while voting. Identification must include the voter’s name, current North Dakota residential address, and date of birth.[10] Acceptable forms of voter identification include:
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:
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."[10] 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."[10] | ||||||
See also
|
External links
Footnotes
- ↑ 1.0 1.1 North Dakota State Legislature, "SCR 4013," accessed February 22, 2023
- ↑ North Dakota Legislature, "Full Text of House Concurrent Resolution 4013," accessed April 13, 2023
- ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Mississippi Supreme Court, "In Re Initiative Measure No. 65: Mayor Mary Hawkins Butler V Michael Watson, in His Official Capacity as Secretary of State for the State of Mississippi," May 14, 2021
- ↑ North Dakota Secretary of State, "Initiated Ballot Measure Filing Deadlines and Signature Requirements," accessed May 4, 2021
- ↑ United States Census Bureau, "North Dakota," accessed May 4, 2021
- ↑ North Dakota Secretary of State, "Q: What are voting hours in North Dakota?" accessed April 24, 2023
- ↑ Justia, "2022 North Dakota Century Code, Title 16.1 - Elections, Chapter 16.1-01 - General Provisions," accessed April 24, 2023
- ↑ 9.0 9.1 North Dakota Secretary of State, “North Dakota….The Only State Without Voter Registration,” accessed April 24, 2023
- ↑ 10.0 10.1 10.2 North Dakota Secretary of State, "ID Requirements for Voting," accessed April 24, 2023
| |||||||||||
