Lawmakers approve ballot measure putting single subject rule to statewide vote

The House of Representatives on Tuesday approved a proposed constitutional amendment that, if approved by voters, would require all future amendments to the state constitution to only have one subject.

The North Dakota Constitution holds that “no bill may embrace more than one subject, which must be expressed in its title,” but proponents of Senate Resolution 4007 say this should be amended to include changes to the constitution.

This includes those proposed by the Legislature and through voter-initiated petitions.

“It is important for people to know what they’re voting on,” Rep. Steve Vetter, R-Grand Forks, said while speaking in support of the resolution. “Having multiple subjects in one amendment can be misleading and confusing for voters.”

Under the resolution, the Secretary of State’s Office would have to certify that each proposed amendment complies with this rule.

The Secretary of State’s Office could only approve petitions to gather signatures for proposed amendments if the amendments do not contain more than one subject.

Vetter said Secretary of State Michael Howe testified previously that he would consult with the Attorney General’s Office on these decisions.

Sponsors of the resolution include Senate Majority Leader David Hogue and House Majority Leader Mike Lefor.

Rep. Austen Schauer, chair of the House Government and Veteran Affairs Committee, said his committee forwarded the bill to the floor because they trust the judgement of the secretary of state and attorney general.

“They are the subject matter experts for North Dakota when it comes to election language and election integrity,” he said.

Critics have raised concerns that the amendment would give the officials a disproportionate amount of power to approve or deny changes to the constitution. It could also lead to more legislative and litigation-related costs to the state, opponents said.

Voters in 2024 rejected Measure 2, which sought to limit future constitutional ballot measures to a single subject, along with other provisions including raising the voter threshold to 60% and requiring a measure to be passed with two votes.

The North Dakota Supreme Court found that the Office of Management and Budget’s 2023-2025 budget violated the North Dakota Constitution’s single subject rule and vacated the law. The budget was challenged in court by the North Dakota Public Employees Retirement System board. The state held a special session in late 2023 to pass a new budget.

The resolution previously passed the Senate. In order for the amendment to be adopted, it would need to be approved by voters on the 2026 general election ballot.