By: Michael Achterling (ND Monitor)
A bill raising the public vote threshold to 60% to approve constitutional ballot measures in North Dakota passed the Senate Wednesday on a 33-13 vote.
House Resolution 3003, sponsored by Rep. Robin Weisz, R-Hurdsfield, would require a 60% threshold to pass constitutional ballot petitions initiated by the people and constitutional resolutions from the Legislature.
“It’s quite likely that we all agree that it should be possible to change our state’s foundational document, however it should be more difficult than it currently is,” said Sen. Jeff Barta, R-Grand Forks, who voted in favor of the resolution.
Barta said the North Dakota Constitution has been amended 167 times compared to the U.S. Constitution, which has been amended 27 times with stricter rules that include approval from three-quarters of all 50 states.
Sen. Dick Dever, R-Bismarck, voted in favor of the bill and said North Dakota voters will still have the final say on the new potential threshold at the ballot box. He added he believes there is a segment of the population that has an agenda to sow division against lawmakers in state government to further an agenda of dissatisfaction.
“I think we should preserve the republic rather than attacking it,” Dever said.
Sen. Jeff Magrum, R- Hazelton, voted against the resolution and warned lawmakers that not only would it become harder to pass constitutional measures in the future, but it would be harder to change parts of the constitution already in place.
“We passed a resolution that is intending to change the constitution on term limits, so when you raise the threshold, you are making it harder to change things that were passed that you think weren’t good,” Magrum said.
Sen. Sean Cleary, R-Bismarck, voted against the bill and told lawmakers the current ballot petition process serves as an important check on the Legislature.
“Every time the state Legislature has proposed limiting the powers reserved to the people, the voters have wisely rejected that,” Cleary said.
Twenty-three pieces of testimony were submitted on the resolution with all but three opposed to raising the threshold. The League of Women Voters of North Dakota was among the opponents, pointing out the defeat last November of Measure 2, which contained several proposed changes to the constitutional ballot measure process.
“For over 100 years, North Dakotans have used direct democracy to shape state policy,” Barbara Headrick, League of Women Voters of North Dakota president, said in a statement Wednesday. “With the passage of House Concurrent Resolution 3003, the North Dakota Legislature is attempting again to weaken the power of the people to amend our state constitution. … They need to stop trying to limit the voice of the people in the governance of our state.”
The resolution passed the House in January on a 65-28 vote.
If approved by the Secretary of State’s Office, the resolution will be put to the voters during the 2026 general election.
