By: Michael Achterling (ND Monitor)
North Dakota lawmakers will be paid at least $41,500 for absences during the 2025 legislative session so far, though most legislators with more than a handful of missed days said they were due to family or medical reasons, military service or their jobs.
Rep. Lori VanWinkle, R-Minot, said earlier this week she felt singled out by criticism from the House majority leader over taking five days off to go on a vacation. Five lawmakers have missed six or more days during the legislative session, including VanWinkle, who has missed seven days of the session.
In total, 84 lawmakers of the Legislature’s combined 141-member body were absent for at least one day since the session began in early January. They accumulated 195 missed legislative days as of Thursday, according to Legislative Council. The North Dakota Monitor excluded from the analysis the absences of Rep. Josh Christy, who died in office in February.
Legislators are paid for days they are absent unless they ask Legislative Council to withhold their pay, said Legislative Council Director John Bjornson. They are paid $213 per calendar day during the legislative session, with committee chairs and other leadership positions earning slightly more. That’s in addition to a monthly salary of $592.
Rep. Landon Bahl, R-Grand Forks, has missed the most with 10 days, according to Legislative Council. Bahl missed the week of March 31 to lobby for fraternities in Washington, D.C., on business not related to the state Legislature, but will receive $1,065 in legislative pay for those five days.
Bahl also has missed days for reasons related to his job. He said his situation is unique because he is the chief operating officer for 322 Hospitality Group, which oversees more than 250 employees across eight different restaurants, hotels and event centers.
“District 17 voted me in as a business operator,” Bahl said. “I always have two laptops because I’m constantly emailing … and bouncing back and forth because that’s my job and this is a part-time citizen Legislature.”
On Monday, House Majority Leader Mike Lefor, R-Dickinson, said he suggested that VanWinkle voluntarily give back the $1,065 in legislative pay she received while on a family vacation. Lefor said he didn’t have the authority to withhold a lawmaker’s pay.
House and Senate rules, however, appear to conflict with state statute.
North Dakota Century Code states members of the Legislature are “entitled” to receive compensation.
But House and Senate rules state legislators may not be absent during an entire day “unless unable to attend due to illness or other cause.” The rules also say “no one is entitled to draw pay while absent more than one day without leave.”
Lefor and Senate Majority Leader David Hogue, R-Minot, referred questions on the rules to Bjornson.
Bjornson said he was unsure when the absence rules were first added to the chamber rule books, but they were included in every rule book going as far back as 1957, the oldest rule book on his office shelf.
The presiding officer of the chamber, either the speaker of the House or the president of the Senate, signs payment vouchers for the lawmakers, Bjornson said. If the presiding officer and the majority leader of the chamber told the Legislative Council not to pay someone, they would follow that direction, Bjornson said.
North Dakota lawmakers serve up to 80 days every two years. Thursday was day 64 of the session.
Lefor said earlier this week he thinks it’s inappropriate for a lawmaker to take vacation during a legislative session. VanWinkle defended her absence to spend time with her family and said she thinks the criticism is unfair. She declined additional comment on Wednesday.\
Rep. Jayme Davis, D-Rolette, has missed nine days during the legislative session. Absences early in the session were due to the death of her father. More recently, she said she has missed days to drive her mother from Rolette to Bismarck for medical appointments.
“As much as I want a vacation, I’m here to do a job that I was elected to do,” Davis said. “Unless it’s literally life or death, it’s probably the only reason I would miss.”
Rep. Alisa Mitskog, D-Wahpeton, and Rep. Matt Ruby, R-Minot, have each missed six days.
Mitskog said her absences were related to medical reasons for herself and her family. She said her husband is battling cancer that requires appointments in Minneapolis and she attends when possible so she can ask questions. Her elderly mother also needed to be driven to appointments in Fargo that were set up months in advance.
“They weren’t vacation days,” Mitskog said.
Ruby said his absences were due to National Guard training and because his son had surgery. He said he communicated every absence to chamber leadership, which he said is important for planning which bills come to the floor for votes.
“I certainly wasn’t taking vacation,” Ruby said.
Ruby said he does not think the policy surrounding legislative absences needs to be changed because he doesn’t believe people are abusing it, for the most part.
“Sometimes you have doctor’s appointments you have to get done,” Ruby said. “Sometimes you shouldn’t be sitting shoulder to shoulder with someone if you are sick … but it’s expected to be here if you can, and we’re all adults here.”
