19.3068.01000
Sixty-sixth
Legislative Assembly HOUSE CONCURRENT RESOLUTION NO. 3007
of North Dakota
Introduced by
Representatives Louser, Becker, Blum, Kasper, Lefor, D. Ruby
Senators Hogue, Meyer
1 A concurrent resolution to amend and reenact sections 2, 3, 5, 6, 7, 8, and 9 of article III of the
2 Constitution of North Dakota, relating to an alternative process for enacting initiated measures.
3 STATEMENT OF INTENT
4 This measure provides an additional process for enacting initiated measures to create or amend
5 statutes. The measure authorizes the sponsoring committee of an initiated measure to submit
6 the proposed initiated measure to the legislative assembly for introduction; prohibits the
7 legislative assembly from amending the submitted measure; provides a measure approved by
8 the legislative assembly becomes law; and provides if the legislative assembly does not
9 approve the measure, the sponsoring committee may have the measure placed on the ballot in
10 the subsequent statewide election.
11 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF NORTH DAKOTA,
12 THE SENATE CONCURRING THEREIN:
13 That the following proposed amendment to sections 2, 3, 5, 6, 7, 8, and 9 of article III of the
14 Constitution of North Dakota are agreed to and must be submitted to the qualified electors of
15 North Dakota at the general election to be held in 2020, in accordance with section 16 of
16 article IV of the Constitution of North Dakota.
17 SECTION 1. AMENDMENT. Section 2 of article III of the Constitution of North Dakota is
18 amended and reenacted as follows:
19 Section 2.
20 1. A petition to initiate or to refer a measure to be placed on the ballot without submission
21 to the legislative assembly must be presented to the secretary of state for approval as
22 to form. A request for approval must be presented over the names and signatures of
23 twenty-five or more electors as sponsors, one of whom must be designated as
24 chairman of the sponsoring committee. The secretary of state shall approve the
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1 petition for circulation if itthe measure is in proper form and contains the names and
2 addresses of the sponsors and the full text of the measure.
3 2. A proposal to initiate a statutory measure for submission to the legislative assembly
4 which is signed by twenty-five or more electors as sponsors, one of whom must be
5 designated as chairman of the sponsoring committee, may be presented to a member
6 of the legislative assembly. The legislator shall submit the proposal to the legislative
7 council to prepare a measure that satisfies the intended purpose of the sponsoring
8 committee. The sponsoring committee shall submit a petition with the prepared
9 measure to the secretary of state for approval as to form.
10 3. The legislative assembly may provide by law for a procedure through which the
11 legislative council may establish an appropriate method for determining the fiscal
12 impact of an initiative measure and for making the information regarding the fiscal
13 impact of the measure available to the public.
14 SECTION 2. AMENDMENT. Section 3 of article III of the Constitution of North Dakota is
15 amended and reenacted as follows:
16 Section 3. The petition shall be circulated only by electors. TheyA petition for an initiated
17 measure may be circulated for up to one year upon approval of the petition by the secretary of
18 state. Only electors may circulate petitions for referred or initiative measures. For initiative
19 measures, the petition must include the full text of the bill or resolution. Each circulator shall
20 swear thereonon the petition that the electors who have signed the petition did so in theirthe
21 presence of the circulator. Each elector signing a petition shall also write in the date of signing
22 and his post-officethe elector's address. NoA law shallmay not be enacted limiting the number
23 of copies of a petition. The copies shallmust become part of the original petition when filed.
24 SECTION 3. AMENDMENT. Section 5 of article III of the Constitution of North Dakota is
25 amended and reenacted as follows:
26 Section 5.
27 1. An initiative petition shallfor a measure to be placed on the ballot without submission
28 to the legislative assembly must be submitted to the secretary of state not less than
29 one hundred twenty days before the statewide election at which the measure is to be
30 voted upon.
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1 2. An initiative petition for a measure to be submitted to the legislative assembly must be
2 submitted to the secretary of state not fewer than one hundred twenty days before the
3 legislative session in which the measure will be submitted for consideration.
4 3. A referendum petition may be submitted only within ninety days after the filing of the
5 measure with the secretary of state. The submission of a petition shall
6 suspendsuspends the operation of any measure enacted by the legislative assembly
7 except emergency measures and appropriation measures for the support and
8 maintenance of state departments and institutions. The submission of a petition
9 against one or more items or parts of any measure shalldoes not prevent the
10 remainder from going into effect.
11 4. A referred measure may be voted upon at a statewide election or at a special election
12 called by the governor.
13 SECTION 4. AMENDMENT. Section 6 of article III of the Constitution of North Dakota is
14 amended and reenacted as follows:
15 Section 6.
16 1. The secretary of state shall pass upon each petition, and if the secretary of state finds
17 it insufficient, the secretary of state shall notify the "sponsoring committee for the
18 petitioners" and allow twenty days for correction. All decisions of the secretary of state
19 in regard to any petition are subject to review by the supreme court. But if
20 2. If the sufficiency of thea petition for a measure to be placed on the ballot without
21 submission to the legislative assembly is being reviewed at the time the ballot is
22 prepared, the secretary of state shall place the measure on the ballot, and no
23 subsequent decision shallmay invalidate the measure if itthe measure is approved at
24 the election approved by a majority of the votes cast thereonon the measure. If
25 proceedings are brought against any petition for a measure to be placed on the ballot
26 without submission to the legislative assembly upon any ground, the burden of proof is
27 upon the party attacking it and the proceedings must be filed with the supreme court
28 no later than seventy-five days before the date of the statewide election at which the
29 measure is to be voted upon.
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1 3. If the sufficiency of a petition for a measure to be submitted to the legislative assembly
2 is being reviewed on the first day of the legislative session, the measure must be
3 submitted to the legislative assembly as provided under section 7.
4 4. If proceedings are brought against any petition for a measure to be submitted to the
5 legislative assembly upon any ground, the proceedings must be filed with the supreme
6 court no later than seventy-five days before the first day of the next legislative session
7 following submission of the petition to the secretary of state.
8 5. A party attacking the sufficiency of a petition under this section bears the burden of
9 proof.
10 SECTION 5. AMENDMENT. Section 7 of article III of the Constitution of North Dakota is
11 amended and reenacted as follows:
12 Section 7.
13 1. After finding a petition for an initiative measure has been signed by a sufficient number
14 of qualified electors and meets all required criteria, the secretary of state shall ensure
15 the measure is placed on the ballot or submitted to the legislative assembly, whichever
16 the sponsoring committee requested.
17 2. A measure submitted to the legislative assembly may be introduced by a member of
18 the legislative assembly; however, if a member of the legislative assembly does not
19 introduce the measure, the legislative management shall introduce the measure as a
20 bill. The legislative management may not add, remove, or change any provisions of
21 the measure before introduction. The bill must be assigned to a committee of the
22 legislative assembly and receive a hearing open to the public. The bill may not be
23 amended. At least one house of the legislative assembly shall hold a vote on the bill. If
24 the legislative assembly passes the bill, it becomes law on the effective date as
25 determined under section 13 of article IV. If the legislative assembly does not pass the
26 bill or the bill is vetoed by the governor, the secretary of state shall place the measure
27 on the ballot at the next statewide election if requested by the sponsoring committee.
28 3. After finding a petition for a referred measure has been signed by a sufficient number
29 of qualified electors and meets all required criteria, the secretary of state shall place
30 the measure on the ballot at the next statewide election.
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1 4. All decisions of the secretary of state in the petition process are subject to review by
2 the supreme court in the exercise of original jurisdiction. A proceeding to review a
3 decision of the secretary of state must be filed with the supreme court no later than
4 seventy-five days before either the date of the statewide election at which the measure
5 is to be voted upon or the first day of the legislative session in which the measure will
6 be submitted for consideration. If the decision of the secretary of state regarding a
7 measure to be placed on the ballot is being reviewed at the time the ballot is prepared,
8 the secretary of state shall place the measure on the ballot and no court action shall
9 invalidate the measure if it is approved at the election by a majority of the votes cast
10 thereonon the measure. If the decision of the secretary of state regarding a measure
11 to be submitted to the legislative assembly is being reviewed on the first day of the
12 legislative session, the measure must be submitted to the legislative assembly for
13 introduction.
14 SECTION 6. AMENDMENT. Section 8 of article III of the Constitution of North Dakota is
15 amended and reenacted as follows:
16 Section 8. If a majority of votes cast upon an initiated or a referred measure are affirmative,
17 it shall bethe measure is deemed enacted. An initiated or referred measure which is approved
18 shall becomeby electors becomes law thirty days after the election, and a referred measure
19 which is rejected shall beis void immediately. If conflicting measures are approved, the
20 onemeasure receiving the highest number of affirmative votes shall bebecomes law. A measure
21 approved by the electors may not be repealed or amended by the legislative assembly for
22 seven years from its effective date, except by a two-thirds vote of the members elected to each
23 house.
24 SECTION 7. AMENDMENT. Section 9 of article III of the Constitution of North Dakota is
25 amended and reenacted as follows:
26 Section 9. A constitutional amendment may be proposed by initiative petition. If signed by
27 electors equal in number to four percent of the resident population of the state at the last federal
28 decennial census, the petition may be submitted to the secretary of state. All other provisions
29 relating to initiative measures to be placed on the ballot without submission to the legislative
30 assembly apply heretoto initiative measures for constitutional amendments.
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