North Dakota, USA, regional Popular or citizens initiative [PCI] - Initiative (amendment)

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
North Dakota, USA
Political level
regional
Local Name:
Initiative (amendment)
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

North Dakota Constitution, Article III
Section 1
While the legislative power of this state shall be vested in a legislative assembly consisting of a senate and a house of representatives, the people reserve the power to [...] propose and adopt constitutional amendments by the initiative [...]

Section 2.
A petition to initiate or to refer a measure must be presented to the secretary of state for approval as to form. A request for approval must be presented over the names and signatures of twenty-five or more electors as sponsors, one of whom must be designated as chairman of the sponsoring committee. [...]

Section 5.
An initiative petition shall be submitted not less than ninety days before the statewide election at which the measure is to be voted upon. [...]

Section 8.
If a majority of votes cast upon an initiated or a referred measure are affirmative, it shall be deemed enacted. An initiated or referred measure which is approved shall become law thirty days after the election, and a referred measure which is rejected shall be void immediately. If conflicting measures are approved, the one receiving the highest number of affirmative votes shall be law. A measure approved by the electors may not be repealed or amended by the legislative assembly for seven years from its effective date, except by a two-thirds vote of the members elected to each house.

Section 9.
A constitutional amendment may be proposed by initiative petition. If signed by electors equal in number to four percent of the resident population of the state at the last federal decennial census, the petition may be submitted to the secretary of state. All other provisions relating to initiative measures apply hereto.

Source: Constitution of the State of North Dakota (accessed 2 August 2017)

Subject Matter:

Amending the state constitution via initiative

Actors

Author:
Citizen : Petitions must be submitted to the secretary of state signed by 25 electors sponsoring the petition (North Dakota Constitution, Article III, Section 2).
Initiator:
Electorate : The initiative petition must be signed by at least "four percent of the resident population of the state at the last federal decennial census" (North Dakota, Article III, Section 9).
Decision maker:
Electorate : The initiated amendment passes if a majority of votes on the question are affirmative (North Dakota Constitution, Article III, Section 8).

Requirements

Number Of Signatures:
Before collecting signatures, a petition must be signed by 25 sponsors. It must then be signed by at least "four percent of the resident population of the state at the last federal decennial census" (North Dakota Constitution, Article III, Sections 4 & 9.
Available Time:
Initiatives may be circulated for 1 year from certification by secretary of state and must be submitted at least 90 days before the election (North Dakota Constitution, Article III, Section 5; North Dakota Century Code, Title 16.1, Chapter 1, Section 9).
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
The initiated amendment passes if a majority of votes on the question are affirmative (North Dakota Constitution, Article III, Section 8).
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
Other Formal Requirements:

North Dakota Constitution, Article III
Section 2
A petition to initiate or to refer a measure must be presented to the secretary of state for approval as to form. A request for approval must be presented over the names and signatures of twenty-five or more electors as sponsors, one of whom must be designated as chairman of the sponsoring committee. The secretary of state shall approve the petition for circulation if it is in proper form and contains the names and addresses of the sponsors and the full text of the measure. [...]

Source: Constitution of the State of North Dakota (accessed 2 August 2017)

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

North Dakota Constitution, Article III, Section 3
The petition shall be circulated only by electors. They shall swear thereon that the electors who have signed the petition did so in their presence. Each elector signing a petition shall also write in the date of signing and his post-office address. No law shall be enacted limiting the number of copies of a petition. The copies shall become part of the original petition when filed.

North Dakota Century Code, Title 16, Chapter 1
16.1-01-09
1. [...] b. Upon receipt of a petition to initiate or refer a measure, the secretary of state shall draft a short and concise statement that fairly represents the measure. The statement must be submitted to the attorney general for approval or disapproval. An approved statement must be affixed to the petition before it is circulated for signatures, must be called the "petition title", and must be placed immediately before the full text of the measure.
[...]

Source: Constitution of the State of North Dakota (accessed 2 August 2017) and the North Dakota Century Code (accessed 2 August 2017)

Wording Of Ballot Question:
Interaction With Authorities:

North Dakota Constitution, Article III
Section 2
[...] The legislative assembly may provide by law for a procedure through which the legislative council may establish an appropriate method for determining the fiscal impact of an initiative measure and for making the information regarding the fiscal impact of the measure available to the public.

Section 8
[...] A measure approved by the electors may not be repealed or amended by the legislative assembly for seven years from its effective date, except by a two-thirds vote of the members elected to each house.

North Dakota Century Code, Title 16, Chapter 1
16.1-01-09
1. [...] b. Upon receipt of a petition to initiate or refer a measure, the secretary of state shall draft a short and concise statement that fairly represents the measure. The statement must be submitted to the attorney general for approval or disapproval. An approved statement must be affixed to the petition before it is circulated for signatures, must be called the "petition title", and must be placed immediately before the full text of the measure.
[...]

16.1-01-17
At least ninety days before a statewide election at which an initiated measure will be voted upon, the legislative council shall coordinate the determination of the estimated fiscal impact of the initiated measure. Upon notification from the secretary of state that signed petitions have been submitted for placement of an initiated measure on the ballot, the legislative management shall hold hearings, receive public testimony, and gather information on the estimated fiscal impact of the measure. Each agency, institution, or department shall provide information requested in the format and timeframe prescribed by the legislative council for identifying the estimated fiscal impact of an initiated measure. At least thirty days before the public vote on the measure, the legislative council shall submit a statement of the estimated fiscal impact of the measure to the secretary of state. Upon receipt, the secretary of state shall include a notice within the analysis required by section 16.1-01-07 specifying where copies of the statement of the estimated fiscal impact can be obtained. [...]

Source: Constitution of the State of North Dakota (accessed 2 August 2017) and the North Dakota Century Code (accessed 2 August 2017)

Supervision And Support:

North Dakota Constitution, Article III, Section 6
The secretary of state shall pass upon each petition, and if he finds it insufficient, he shall notify the "committee for the petitioners" and allow twenty days for correction or amendment. [...]

North Dakota Century Code, Title 16, Chapter 1
16.1-01-07
[...] For two consecutive weeks before the sample ballot is published, an analysis of any constitutional amendment, initiated measure, or referred measure, written by the secretary of state after consultation with the attorney general, must be published in columns to enable the electors to become familiar with the effect of the proposed constitutional amendment or initiated or referred measure.

Source: Constitution of the State of North Dakota (accessed 2 August 2017) and the North Dakota Century Code (accessed 2 August 2017)

Transparency And Finance:

North Dakota Century Code, Title 16, Chapter 1
16.1-01-12
1. It is unlawful for an individual or organization to:
(..)
j. Pay or offer to pay any individual or organization, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained for circulating an initiative, referendum, or recall petition. This subsection does not prohibit the payment of salary and expenses for circulation of the petition on a basis not related to the number of signatures obtained, as long as the circulators file their intent to remunerate prior to submitting the petitions and, in the case of initiative and referendum petitions, fully disclose all contributions received pursuant to chapter 16.1-08.1 to the secretary of state upon submission of the petitions. [...]

Source: North Dakota Century Code (accessed 2 August 2017)

Practice

Archive:
Remarks: