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North Dakota House approves single-subject requirement for constitutional amendments after extended floor debate
Summary
The North Dakota House passed Senate Concurrent Resolution 4007, a proposed constitutional amendment that would require initiated and legislatively proposed constitutional amendments to contain only a single subject; the measure drew substantial floor debate over definition, enforcement, and judicial review and passed 68-25.
The North Dakota House on Tuesday approved Senate Concurrent Resolution 4007, a proposed constitutional amendment that would require each initiated amendment and each legislative proposal to the state constitution to address a single subject. The measure passed on a final vote of 68 yea, 25 nay.
Supporters told the House the single-subject rule would increase clarity for voters. Representative Vedder, the Government and Veterans Affairs Committee chairman, said the measure would "limit an amendment to be only 1 subject" and noted the secretary of state would consult the attorney general when making determinations. "All decisions of the secretary of state in the petition process are subject to review by the supreme court in the exercise of original jurisdiction," Vedder said, reading statute text onto the floor.
Committee supporters argued multiple-subject amendments have been confusing to voters and that a single-subject rule is common in other states. Representative Schauer, chair of the committee that recommended amendments, said his panel believes the secretary of state and attorney general can act as fair arbiters and that the resolution should go to the general election rather than the primary.
Opponents pressed for a clearer definition of "subject" and warned of litigation costs. Representative Hendricks asked, "What is the definition of subject?" Representative Louder and Representative Van Winkle raised concerns about how the rule would be applied to measures originating in the legislature versus citizen initiatives and whether the legislature would be held to the same standard in practice. Representative T. Brown and Representative Hoverson sought assurances about the appeals process; proponents replied that, by language in the state constitution, appeals could be taken directly to the North Dakota Supreme Court under its original jurisdiction.
Representative Brown (T. Brown) told colleagues the committee had added language making the secretary of state's determinations subject to court review and described that review as a quicker route for resolving disputes. Representative Schott warned opponents that the change could restrict citizens' rights. Representative Koppelman cited Article 4, Section 13 of the state constitution for the existing single-subject principle that applies to statutes.
After roughly an hour of floor exchanges that repeatedly returned to whether the measure's language would invite litigation or would bring needed clarity, members voted to approve SCR 4007. Because the resolution would amend the state constitution, passage by the legislature sends the proposed amendment to the ballot for voters to decide; the measure as passed would appear on a future general-election ballot unless the process or timing is altered by statute or further legislative action.
Votes and next steps: SCR 4007 passed the House on a 68-25 vote and had been recommended with amendments by the Government and Veterans Affairs Committee. If enacted by both chambers, the resolution would place the single-subject amendment before voters; the secretary of state would make initial determinations on single-subject compliance and the attorney general would be consulted, with immediate judicial review available to contest those decisions.
