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Fargo commission approves charter and ordinance changes to comply with recent state election laws
Summary
Commissioners approved a resolution and ordinance changes to remove approval voting, require nominating petitions instead of fee payment, and extend residency requirement for local candidates, following new state laws cited by city staff.
The Fargo City Commission voted Aug. 4 to amend the city’s home rule charter and municipal code to conform to recent state legislation that changes how local elections are conducted. Assistant city attorney Ian MacLean presented three state bills that directly affect Fargo: House Bill 1297, which bars approval voting and ranked-choice voting in elections; House Bill 1307, which narrows local home-rule authority and establishes petition signature thresholds for nominations; and a third bill (referred to in discussion as a legislative change to permit the city commission to pass resolutions to remove preempted or void charter language). MacLean said the practical effects for Fargo are: approval voting is no longer permitted; mayoral contests will be single-vote elections for one seat; city commission contests with two open seats will allow up to two votes; candidates must submit 300 signatures to appear on the ballot rather than pay a $100 filing fee; and candidates must reside in Fargo nine months before the election rather than six. Why it matters: The changes require edits to the home rule charter and city ordinances to avoid conflicts with state law. The commission adopted a resolution to remove preempted charter language and passed the ordinance changes on first reading (received and filed) so they will return for further action as required by ordinance procedure. Commission action: The commission approved motion 1 (resolution to amend the home rule charter) and motion 2 (ordinance changes relating to election procedures and dates). Both passed on roll call votes. Staff said the ordinance clarifies the election date as the second Tuesday in June and removes approval-voting provisions. Discussion and clarifications: MacLean and staff emphasized these are primarily housekeeping changes to make the city code consistent with state law; he explained petition and residency requirements, and commissioners asked procedural questions about timing and effects on the next election.
