Senate Committee OKs Amendment Saying State Election Law Supersedes Home‑rule

A North Dakota legislative committee voted to amend House Bill 13‑07 to clarify that state election law will preempt any home‑rule charter provision or local ordinance that conflicts with state election law.

The amendment, offered by Representative Jim Casper, says “state law will overrule home rule for election laws in the state of North Dakota,” and was moved in committee by Representative Toman and seconded by Representative Moshenbacher; the amendment passed on the committee roll call (recorded as 9 yes, 2 no, 3 absent). After amendment approval, the committee voted to give House Bill 13‑07 a due‑pass recommendation; Representative Moshenbacher moved the due‑pass motion, seconded by Representative Potomac, and the due‑pass as amended passed on a roll call recorded as 9 yes, 2 no, 3 absent.

The amendment narrows the sponsor's original, broader language. Representative Casper told the committee his intent was “to limit the counties and the cities from interfering with election law,” and that the earlier draft had been “too broad.” The amended version separates county and city provisions and adds a clause that “any ordinance enacted or adopted by a county [or city] pertaining to [county/city] elections under a home rule charter in conflict with state law is void.” Casper said the bill is intended to keep state election law “uniform across the whole state.”

Opponents in committee raised concerns about local control. Representative Hager said Fargo voters approved local changes and asked why the state should “trump what the citizens in our city” decided, arguing the election in Fargo had broad support: “65 I mean, it's just a huge number of people in my city that chose a different method for doing this.” Casper countered that turnout in that election was lower and stressed uniformity and ease of understanding for voters who move across jurisdictions.

Representative Vosling asked how the bill relates to a previously passed bill that restricted rank‑choice and approval voting; Casper said the measures are complementary but that HB 13‑07, as drafted, would be broader and could preempt future local experimentation beyond the specific voting methods addressed in the earlier bill.

The committee record shows members debated the scope of the preemption — whether it would affect ward systems or other local election mechanics — and several members asked how many localities would be affected. Casper responded the amendment would apply statewide and suggested it would affect any political subdivision that adopted election procedures conflicting with state law.

Votes at a glance: the committee approved the amendment to HB 13‑07 (moved by Representative Toman; seconded by Representative Moshenbacher) and then approved a due‑pass recommendation for HB 13‑07 as amended (moved by Representative Moshenbacher; seconded by Representative Potomac). The roll‑call tallies recorded in the committee were 9 yes, 2 no, and 3 absent on both the amendment and the due‑pass recommendation.

The committee named Representative Jonas as the bill carrier for floor action and closed the item. No final floor action was recorded in the transcript excerpt.

The discussion included references to the Secretary of State's position (not present but said to agree with the bill's premise) and prior House action addressing specific voting methods.

Representative Casper requested the committee consider his narrower wording to avoid unintended consequences from the original language and said he had worked with legislative counsel on format and drafting.

The committee moved the amended bill out with a recommendation for passage to the full chamber.