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Message: <blockquote data-quote="Wallyworld" data-source="post: 487159" data-attributes="member: 6037">The 2022 initiative, which passed with 63% voter support, implemented 8-year term limits for both the North Dakota House and Senate. That initiated measure included a specific clause explicitly stating that the Legislature does not have the authority to alter or repeal the term limits. [ATTACH=full]84189[/ATTACH]North Dakota Monitor +4<ul> <li data-xf-list-type="ul">The Conflict: The 2026 measure (SCR 4008) is a resolution introduced by the legislature to loosen these rules and allow up to 16 years of service.</li> <li data-xf-list-type="ul">The Challenge: Petitioners argue that by putting this on the ballot, the legislature is doing exactly what the 2022 amendment forbids them from doing. [ATTACH=full]84190[/ATTACH]KFYR-TV +2</li> </ul>2. Failure to Meet Constitutional Vote ThresholdLawyers for the petitioners argue that under the <a href="https://www.google.com/url?sa=i&source=web&rct=j&url=https://ndlegis.gov/assembly/revised-codes-and-compiled-laws/1895/constitution-of-north-dakota.pdf&ved=2ahUKEwiAw6jZ15WUAxUh3RoGHUnhJfIQy_kOegQICBAC&opi=89978449&cd&psig=AOvVaw3f8-VslC01rPZm-Mp22zsx&ust=1777642286187000" target="_blank">North Dakota Constitution</a>, any attempt by the legislature to change an initiated measure within seven years of its passage requires a two-thirds majority vote in both chambers. [ATTACH=full]84191[/ATTACH]North Dakota Monitor<ul> <li data-xf-list-type="ul">The Challenge: SCR 4008 did not meet this threshold, passing the Senate 24-23 and the House 53-39. [ATTACH=full]84194[/ATTACH]North Dakota Monitor</li> </ul>3. Separation of PowersSupporters of the 2022 initiative feel that the legislature is bypassing the "people’s power to govern themselves". [ATTACH=full]84193[/ATTACH]North Dakota Monitor<ul> <li data-xf-list-type="ul">The Concern: The 2022 initiative was a citizen-initiated measure, not a legislative referral. The lawsuit argues that the legislature is attempting to undo a law passed directly by the people, which they feel is an act of "legislative meddling". [ATTACH=full]84192[/ATTACH]North Dakota Monitor +2</li> </ul>4. "Single Subject" or "Unconstitutional" ContentionsThe 2026 measure proposes to both change the term lengths and allow partial terms not to count toward the limit. The lawsuit argues that this legislative referral is generally unconstitutional due to the 2022 prohibition on changes, but also that it violates the spirit of a single subject by attempting to overhaul the existing structure of the voter-passed law, rather than creating a new initiative. [ATTACH=full]84196[/ATTACH]North Dakota Monitor +4<hr />Status: The case is currently before the North Dakota Supreme Court, with hearings having occurred in April 2026. The high court is reviewing whether to remove the measure from the November 2026 ballot, with a ruling expected by June. [ATTACH=full]84195[/ATTACH]North Dakota Monitor +1The Legislative Position: Lawyers representing the Legislature argue that the legislature has the constitutional authority to propose amendments to the constitution, and that a clause in the 2022 initiative cannot bind future legislatures, stating that the new resolution also includes a provision to repeal that restrictive 2022 clause. [ATTACH=full]84197[/ATTACH]North Dakota Monitor</blockquote>

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