Committee hears competing views on bill to move municipal bond votes to primary ballots

The Senate Finance and Taxation Committee on Wednesday heard testimony on House Bill 1482, which would amend provisions of the North Dakota Century Code to remove special elections as an option for municipal bond votes and instead require those votes to appear on primary elections (with supporters saying the general election remains available).

Representative Scott Wagner, the bill's prime sponsor and a member of the North Dakota House of Representatives, told the committee HB 1482 "seeks to change the timing of an election that requires a public vote for the issuance of bonds" and would "remove the special election option and replace it with a primary election option." Wagner said the bill's goal is to "get the greatest engagement of our citizens and taxpayers on public bonding projects that require a public vote" and urged the committee to give HB 1482 a "do pass" recommendation.

Supporters at the hearing said scheduling bond questions on a date with higher turnout would increase public engagement and transparency. Eric Nygren of Walcott, who identified himself as a local park board member and Republican district chair, argued that bond measures that "seek to levy property taxes" should be on the primary or general ballot so voters have access to regular polling places, absentee ballots and county-run administration. Nygren cited local examples in which special elections drew small electorates and said requiring primary/general timing would "force local officials to keep their spending in check."

School leaders and education groups testified in opposition, saying the bill would create costly delays and operational difficulties for districts. Paul Stremek, representing the North Dakota School Study Council (an organization for the state's larger school districts), said the bill "would significant[ly] currently extend the timelines between elections creating unnecessary delays and financial burdens for school districts and taxpayers alike." Stremek and others noted that school districts must certify levies by Oct. 10, a deadline they said could cause roughly a one-year delay in when approved bonding revenue appears on tax rolls if elections are moved. That delay, speakers argued, would raise project costs because of inflation and could prevent districts from beginning construction or meeting bid schedules.

Amy Copas, executive director of the North Dakota Council of Educational Leaders, told the committee that recent inflation spikes created substantial cost increases on school projects (she cited examples of 15% and 17% cost growth for construction projects in different districts), and said a delay of nearly a year can materially increase total project cost to taxpayers. Amy DeCook, executive director of the North Dakota School Boards Association, added that most school districts currently administer their own special elections and that requiring primary/general election timing could force districts to enter agreements with counties to have elections administered by the county auditor.

Committee members asked about vote thresholds and potential compromises. Several witnesses and senators discussed the existing 60% supermajority requirement for some bond elections under the Century Code; members and witnesses suggested one compromise would be to keep 60% for special elections but allow a simple majority (50% plus one) for bond measures placed on primary or general election ballots.

Wagner, who earlier described his local experience as a Cass County commissioner and his involvement with the diversion sales-tax vote, said the bill would not change existing vote thresholds ("This is just the timing of an election," he said) and argued scheduling on higher-turnout dates could produce larger, more representative electorates. He cited local turnout examples, including a September special election with "about 4,000" voters (about 7% of 56,000 eligible voters in that cited area) and a later February vote that drew "around 7 and a half thousand people, so about 13% voter turnout," as reported in news outlets.

Committee concern centered on unintended consequences: school officials warned of administrative and financial burdens if districts cannot certify levies in time; representatives of districts and small schools said special elections are sometimes the only timely option for rapidly growing districts that must align construction timelines with student population growth and taxable valuation changes. Witnesses suggested alternatives such as incentives for districts to choose primary/general dates, or adopting a different vote threshold for those elections, rather than an outright prohibition of special elections.

The hearing closed without committee action. Senators said they would take time to research statutory details, invite county and municipal officials for future discussion, and return for further consideration. Chairman Weber announced the committee adjourned and planned to reconvene at 9:00 a.m. the next day.