[{"_1":2,"_124":-5,"_125":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88,100,112],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6182954,"mediaKeyId","5102789-8abba37b757af15af070c86e5c45f28a","parentId",5102789,"title","Eighth Circuit ruling puts 2021 maps back in play while appeals proceed","audioSeconds",525,"startMs",13121000,"endMs",13646000,"viewUrl","/Search/View?dp=1&key=5102789-8abba37b757af15af070c86e5c45f28a&start=13121&end=13646","thumbnailUrl","https://assets.pipeline.soar.com/5102789-8abba37b757af15af070c86e5c45f28a/thumbnail_13121000.jpg","articleUrl","/articles/6182954/North-Dakota/Eighth-Circuit-ruling-puts-2021-maps-back-in-play-while-appeals-proceed","mediaUrl","https://secure.pipeline.soar.com/6182954-8b98464b37f26dc6ecf2056c14a03044/orig.mp4?Expires=1771211578&Signature=n~~dp9KeNTO93NCTzZzD9aesE0Zwf4Cz6FX2LwdfJg5lJN1N~eARMLCKEwdTS87xCEfnTezkNGxZFudP2VtEG~o3cQPULoJQixemB8MiKxEasdrGgrxwYMmZ~KG6kREh0NSC1oVPMwnqHk1MydJ1LdUQXw6y~yUn-QMWuVOOGCysS2wemDTtqQdVVe0YV8QGHO0iRGSSSQgKSTpY78fn0lJwcWHj~rk4AjLVTjlG2nNmRhbGR5bJLc4RLWDJAr59tmDBpDavDL55Ek~z1fAV6gb5lSVptyU6~KMZqoSKc9qpFZ6SNVR41LIN6RPycvcd9DbH59yIJd9rI0ibTTBdaw__&Key-Pair-Id=KUT5TJCACFTXG","author","North Dakota Legislature","date","2025-06-26T00:00:00Z","article","Legislative Council staff told Legislative Management on June 26 that a May 14 Eighth Circuit Court of Appeals ruling in Turtle Mountain Band of Chippewa Indians v. Howe removed a private right of action to enforce Section 2 of the Voting Rights Act in that case and vacated the district court’s redistricting remedy.

Austin Gunderson, legislative council staff, explained that the panel’s judgment remands the case to the district court with instructions to dismiss for lack of a private cause of action, which—if the ruling becomes final—would mean the district boundaries would revert to the lines drawn and approved by the Legislative Assembly during the 2021 special session. \"The eighth Circuit Court of Appeals vacated the judgment of the United States District Court, which imposed the plaintiff's redistricting map and remanded with instructions for the district court to dismiss the case for want of cause of action,\" Gunderson said.

Gunderson walked members through the remaining procedural steps: the appellees filed a petition for rehearing en banc on May 18; the Eighth Circuit has not decided whether to rehear the case, and if rehearing is denied the court must issue its mandate seven days later. If the mandate issues and the judgment becomes final, parties then have a 90-day window to seek review by the U.S. Supreme Court via certiorari. Gunderson cautioned that the mandate has not issued and the judgment is not yet final while the petition for rehearing is pending.

Committee members asked practical questions about member qualifications and district representation if the 2021 lines become operative. Gunderson noted historical practice: when a redistricting change leaves an incumbent outside the district, that member historically has been allowed to serve until the next general election, though the legal question is unresolved and could ultimately be decided by the state Supreme Court. Members also discussed timelines for candidate filing and possible reorganizations of party structures in affected districts should the ruling become final.

Gunderson recommended monitoring the Eighth Circuit’s decision on rehearing, and Legislative Management agreed to keep the issue on its radar while appeals proceed.","mediaType","Video","parentTitle","Legislative Management Jun 26, 2025","oneSentenceSummary","Legislative Council staff told Legislative Management that a May 14 Eighth Circuit opinion vacating district court redistricting relief will revert legislative boundaries to the maps enacted by the Legislature in 2021 if the ruling stands.","taxTitle","Legislative, North Dakota","taxId",28306,"location","North Dakota","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6182959,"Legislative staff warn AG opinion on veto markings could shrink lawmakers’ override power",3319,14383000,17702000,"/Search/View?dp=1&key=5102789-8abba37b757af15af070c86e5c45f28a&start=14383&end=17702","https://assets.pipeline.soar.com/5102789-8abba37b757af15af070c86e5c45f28a/thumbnail_14383000.jpg","/articles/6182959/North-Dakota/Legislative-staff-warn-AG-opinion-on-veto-markings-could-shrink-lawmakers-override-power","https://secure.pipeline.soar.com/6182959-b7b5f401b7a148c1047fe461e7b36186/orig.mp4?Expires=1771211578&Signature=ME5XKg81bo5j0NlF6s7hEpKXbi8x8TR2UkWdvRg86gkAe0AVec87sn706c2oylGL3MYv14-kuJf8MKbq-uz9hIlGhCqFXwbtGkgH8FW6kO6ntzRhBuZ5seykk5~4kfx2kNOhzynpTPxr9cqrTm9dRAY1qM4afHRKTXwQ3jYDnsU2H9afOWbfBL7Dl33kkuhMzfozzb65WK0cTenjJ4BD9It7OL6899Mr76suqOUXKdqjiDYrEEVbXlxsbwNwGZ0pjLwRF96pzX97ZGwHTtCJ8zxZqbExrIdmBfaLyH0Nv94ubh0SyoRjGrxL3Xzj5X4NSJTucZhIO6isAog6aoIFAw__&Key-Pair-Id=KUT5TJCACFTXG","Legislative Management members were presented with a legal analysis June 26 on an Attorney General opinion that concluded the governor’s written veto message, rather than pen markings on the returned bill, is the legally operative statement of what was vetoed.

The memo and presentation by Legislative Council staff stressed why the issue matters now: the governor crossed out an entire section of Senate Bill 2014 on the bill face but said in his veto letter he intended to disapprove only a $150,000 passthrough; the AG opinion sided with the veto letter. \"The AG concluded that the Governor's veto letter was the legally operative document,\" Legislative Council staff attorney Emily Thompson told the committee.

Thompson said the opinion does not cite the state Supreme Court’s 2018 decision in Legislative Assembly v. Burgum, which held a governor cannot unilaterally withdraw a veto or rely on an AG agreement to change the effect of a veto. She and other staff flagged two practical concerns: (1) longstanding case law treats an item veto as subtracting the vetoed amount from the larger appropriation (for example, striking $150,000 from a $1,000,000 allocation reduces the appropriation to $850,000), and (2) the AG opinion’s restatement of the remaining language could be read to leave the full appropriation intact despite the governor’s stated objection.

Legislative Council staff outlined possible responses: ask the North Dakota Supreme Court to exercise original jurisdiction and seek declaratory relief and injunctive remedies; request a special session or convene briefly to attempt overrides; or enact clarifying statute in the next legislative session requiring specific procedures for returning vetoed items and marking bills. Staff noted court action could stop disbursement if a court-issued injunction were obtained, but litigation can be slower than a reconvened override vote and carries its own uncertainty.

Members discussed the practical timing: agencies plan to disperse the funds on July 1 and the Legislative Council warned that once funds are paid out to third parties and expended the issue becomes harder for courts to remedy. Several lawmakers said the AG opinion, if left unchallenged, would set an undesirable precedent for future governors and could shift lawmaking power in practice to the executive branch.

After discussion, Legislative Management directed Legislative Council to prepare a memorandum with a list of legal and procedural options, including pros, cons, timing, and likely impacts, and to return with recommendations within about a week to 10 days. The committee voted in favor of that request.","Legislative Council attorneys told Legislative Management that a June 10 Attorney General opinion — concluding the governor’s veto letter, not markings on the bill, controls — conflicts with prior court precedent and could create lasting uncertainty about how item vetoes operate and how appropriations are reduced when part of a section is struck.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6182941,"Legislative Management approves committee appointments, supplementary rules and continues employee assistance program",1158,539000,1697000,"/Search/View?dp=1&key=5102789-8abba37b757af15af070c86e5c45f28a&start=539&end=1697","https://assets.pipeline.soar.com/5102789-8abba37b757af15af070c86e5c45f28a/thumbnail_539000.jpg","/articles/6182941/North-Dakota/Legislative-Management-approves-committee-appointments-supplementary-rules-and-continues-employee-assistance-program","https://secure.pipeline.soar.com/6182941-61ebda7e198c222a6531933b9a2ab26e/orig.mp4?Expires=1771211578&Signature=dwzBkoE5XNvNEeklsdFv~VQcHZoZXEbnyDcqHPOD7piBatvCcnSuuH0nfP7cwsQ2gT7MTkwqsPXo1BJLNR7Y5HRXvJ2S-MYU-Jmly4W26tQbWLkKX66Sw0YelKKs02wlZWNayyJ9GZrXYRAa742PfQoeH43kLyPGXbU7AGOHLnmYtJzGsgrJUeuVISr1lkGy5l1-fY3E5znTkXykxA7LCNFitoV2-djZJ0iXgbpk5xkcI7ComVtRlV7vUFgqN0gzJW7d5fnrWsYAdsheK1JTQbNS-f0F1pYpsICOb8Aot8X3XZRNJvhr7wxW3FOi8wPeTrpFCOsJHlROYi8anmvEdw__&Key-Pair-Id=KUT5TJCACFTXG","Legislative Management approved a set of interim committee appointments, reappointed co-chairs to the Clean Sustainable Energy Authority, adopted supplementary rules of operation and procedure, and approved continued participation in an employee assistance program.

At the start of the meeting, staff summarized open appointment items and the committee approved motions to reappoint Representative Glenn Bosch and Senator Dale Patton as co-chairs of the Clean Sustainable Energy Authority for a two-year term. The committee also confirmed recommended university and practitioner members for the Veterinary Medical Education Program admissions committee, reappointed Senator Randy Lem as the legislative member on that committee, and accepted the Board of Higher Education’s recommendation to appoint Levi Bachmeier to the Higher Education Challenge Grant Fund committee.

Legislative Council staff reviewed the supplementary rules of operation and procedure that guide interim committees — reaffirming public voting, meeting recording and livestreaming expectations, remote attendance at the discretion of interim committee chairs, and the chairman of Legislative Management’s authority to direct additional studies or replace committee members. After discussion, the committee adopted the rules by voice vote.

Members also voted to continue the state’s participation in the CHI St. Alexius Employee Assistance Program (EAP), which provides confidential counseling services to legislators and Legislative Council staff at a nominal per-paycheck cost; staff said usage reports indicate legislators and staff make regular, anonymous use of the benefit. Representative Warrie moved the EAP continuation and the motion carried by voice vote.

Finally, Legislative Management voted by roll call to approve the full interim committee structure and leadership that staff had presented.","The committee approved multiple interim committee appointments and adopted supplementary rules of operation; members also voted to continue participation in the CHI St. Alexius employee assistance program for legislators and staff.",{"_33":101,"_35":36,"_37":38,"_39":102,"_41":103,"_43":104,"_45":105,"_47":106,"_49":107,"_51":108,"_53":109,"_55":56,"_57":58,"_59":110,"_61":62,"_63":64,"_65":111,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6182944,"Fiscal analysts warn of federal rescissions, SNAP and Medicaid cuts tied to federal proposals",191,12312000,12503000,"/Search/View?dp=1&key=5102789-8abba37b757af15af070c86e5c45f28a&start=12312&end=12503","https://assets.pipeline.soar.com/5102789-8abba37b757af15af070c86e5c45f28a/thumbnail_12312000.jpg","/articles/6182944/North-Dakota/Fiscal-analysts-warn-of-federal-rescissions-SNAP-and-Medicaid-cuts-tied-to-federal-proposals","https://secure.pipeline.soar.com/6182944-c7b8302357f7667b2f215e2df057bff3/orig.mp4?Expires=1771211578&Signature=oo7yqSSPpUmPMx5GTmp50f5dr96MB56Ky5vwcUdYw4c4eLHkWbFJlT8x7K9vz9Ban7o1GgbERnOHGBAMC~mx~UmB1ZmiSUGFn7dJZHStwzHnUnytCSP4RmCW57kaBTWDEXN96ntFOdFUyNWpdSPYkzv0F8-qH5Wwna7NkRgrP3endf4obQaHnwdFMhZ4IlL~aPDBAiISrx3V~BeBsNWEadrVvbnu16O2Zu1XJJUUdyesF0f45GnEgZ1G6YMhFfx4D9KIKtUJowc4Ql2dB4Qjm5JwXb5kmar8yMKooa4Vp4V-NZtXrzf3toX8RgJbRV8gX4M-00p7sL4pIV4Gm8wczQ__&Key-Pair-Id=KUT5TJCACFTXG","Legislative Council fiscal staff told Legislative Management that recent federal rescissions already have reduced North Dakota grant funding by roughly $100 million and that pending federal proposals could cut larger entitlement funding streams.

Grant Gaither, fiscal analyst, summarized two topics: first, recent federal rescissions and terminations affecting North Dakota agencies (about $100 million overall). He cited Department of Health and Human Services terminations with $75.8 million in unliquidated obligations lost — including CDC and SAMHSA funds — and FEMA rescissions of roughly $19.6 million that affected community infrastructure projects. Gaither said the Legislature already authorized a $9.7 million Bank of North Dakota line of credit to backstop two affected wastewater projects.

Second, Gaither summarized provisions in the House-passed proposal informally referred to in the briefing as the \"1 Big Beautiful Bill Act,\" noting the Congressional Budget Office estimates a national Medicaid reduction of $793 billion over the next decade and an estimated $1.4 billion reduction in North Dakota federal Medicaid funding over the same period under the House proposal. Key elements would add an 80-hour-per-month mandatory work requirement for able-bodied adults without dependents (beginning 12/31/2026 for expansion enrollees in the House draft), increase cost sharing for Medicaid expansion enrollees, shift eligibility determinations to semiannual reviews, and prohibit coverage for undocumented immigrants. Gaither said projected North Dakota Medicaid enrollment reductions could reach 18% by the model year the bill contemplates.

Gaither also described proposed changes to SNAP in the House draft that would increase state cost sharing tied to payment error rates, raise the state share of administrative costs from 50% to 75% and otherwise tighten eligibility; he estimated an additional roughly $18 million per biennium in state administrative costs under the House draft. Committee members asked whether administrative costs to implement proposed work requirements were included; Gaither said the memo used FFY2024 administrative figures and did not model additional administrative staffing costs that states often incur to monitor work rules.

Members asked staff to continue monitoring rescissions and pending federal legislation and to coordinate with OMB to track programmatic impacts as information develops.","Legislative Council fiscal analysts briefed the committee on recent federal funding rescissions that already cost the state about $100 million and on proposed federal legislation (the \"1 Big Beautiful Bill Act\") that could reduce North Dakota Medicaid and SNAP funding materially if enacted.",{"_33":113,"_35":36,"_37":38,"_39":114,"_41":115,"_43":116,"_45":117,"_47":118,"_49":119,"_51":120,"_53":121,"_55":56,"_57":58,"_59":122,"_61":62,"_63":64,"_65":123,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6182949,"Fiscal staff outline downside oil-and-gas scenarios that would cut state allocations by up to $1.1 billion",267,11231000,11498000,"/Search/View?dp=1&key=5102789-8abba37b757af15af070c86e5c45f28a&start=11231&end=11498","https://assets.pipeline.soar.com/5102789-8abba37b757af15af070c86e5c45f28a/thumbnail_11231000.jpg","/articles/6182949/North-Dakota/Fiscal-staff-outline-downside-oil-and-gas-scenarios-that-would-cut-state-allocations-by-up-to-11-billion","https://secure.pipeline.soar.com/6182949-cbbfecf3aa80c32500f7add669c53664/orig.mp4?Expires=1771211578&Signature=jC~tXDZEaW-qxkuV1hA6eE2Ehsoerl4C6pxCL~PNK7IYbGH1NVCM~K5TWoGAZM00seiCTi3GCB8n2JQQcCr~FC9qMagLOmPdW8sStMWYUsH9vJDloAuArz0gEU5R6vaRyzGm~JUevll7VqCBpDsBMN~n-L0LZm8XrKHDth-L6OLHjOcDWyfTynh9pwl9x8uee5CG1H09FSQewDjdi860zfs2pTPnm6ngM76FQ7h4eEgef6q~D1f1J-1IR6UeHGQhVDGcfUvbgNT81oclrlR9osZOSNZHv3JYMzwACFubM76tdKycIgS-nB~rTnG2WIUPUhapetb-EPXwqL0DGmsnGQ__&Key-Pair-Id=KUT5TJCACFTXG","Legislative Council fiscal staff told Legislative Management that alternate oil-and-gas scenarios based on S&P Global low-case inputs could reduce state allocations by several hundred million dollars to more than $1 billion over the next biennium.

Adam Mateuk, the Council’s fiscal analyst, presented a “lower production” scenario that assumed roughly a 13% drop in North Dakota oil production (about 150,000 barrels per day) and showed an approximate $570 million reduction versus the legislative forecast; the losses would be felt across the state’s sequential “buckets,” including a nearly $200 million decrease in the SIF bucket and roughly $50 million less for the Resources Trust Fund. \"The buckets, as they're called, are largely affecting SIF,\" Mateuk said, noting that available cash on hand moderates immediate impacts but would reduce resources available in subsequent biennia.

A second scenario combined the 13% production decline with a 15% reduction in the North Dakota oil price (about a $9 per-barrel discount relative to the forecast) — a roughly $1.1 billion total reduction in allocations under that scenario. Mateuk said that scenario would eliminate funding to some buckets completely and remove a planned $65 million transfer intended to pay down the PERS main system unfunded liability; it would also reduce airport infrastructure and political subdivision allocations and lower prairie dog mitigation buckets.

Staff said the scenarios drew on the low-case material S&P Global provided for the March forecast; they made small, conservative rounding adjustments for modeling clarity and recommended monitoring updated S&P and Moody’s forecasts. Members asked about timing and the process to access the Budget Stabilization Fund during a downturn; staff and agency representatives explained the governor’s allotment process, transfers from the fund, and how legislative action could be required to direct targeted adjustments.

Lawmakers asked for more frequent forecasting amid volatile market conditions; staff said contract timing with S&P Global is under discussion but recommended earlier interim updates (January–March) to better monitor risk. The committee asked fiscal staff to continue tracking scenarios and provide updates.","Legislative Council fiscal analysts presented two modeled scenarios — lower production alone and lower production combined with lower prices — showing potential reductions in biennial oil-and-gas tax allocations ranging from about $570 million to $1.1 billion and identified which state funds would be most affected.","actionData","errors"]

Article not found

Eighth Circuit ruling puts 2021 maps back in play while appeals proceed

Legislative staff warn AG opinion on veto markings could shrink lawmakers’ override power

Legislative Management approves committee appointments, supplementary rules and continues employee assistance program

Fiscal analysts warn of federal rescissions, SNAP and Medicaid cuts tied to federal proposals

Fiscal staff outline downside oil-and-gas scenarios that would cut state allocations by up to $1.1 billion