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Committee advances bill to temporarily exempt petition signature packets during verification

2131181 · January 16, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

House Bill 1158 would make original petition signature packets exempt from open records requests while the secretary of state's office validates signatures (up to 35 days). The committee gave the bill a 'do pass' recommendation 12‑0 with one absent.

House Bill 1158 would temporarily exempt original signature packets submitted for initiated measures from open‑records requests while the secretary of state's office completes the signature verification process. Secretary of State Michael Howe said the proposed exemption is narrowly drawn to protect the only original record of signatures while staff use the statutorily allotted 35 days to validate petitions.

"This 1 is a is a proactive measure, coming from our office as it relates to once, an initiated measure campaign has concluded, and they turned in signatures to our office," Howe said. He described staff duties during the early days after receipt — inventorying packets, verifying notaries and circulators, and then undertaking signature verification — and said fulfilling open records requests during that work can consume staff time and risk damage to the original documents.

"If we were to receive an open records request for those submitted signatures, that takes time away from our signature validation process," Howe told the committee, noting the office has a statutory 35‑day window to complete verification and that large filings can include tens of thousands of signatures.

Howe said the office retains originals and does not routinely scan packets unless responding to a records request. He added that the records are kept "under lock and key in the secretary of state's office, which is under surveillance in the North Dakota capital." Committee members asked about whether records are scanned and about the ability of interested parties to challenge determinations. Howe said the public retains the right to challenge the secretary of state's determination in court after the verification period.

The North Dakota Newspaper Association was reported to have discussed the bill with Howe before the hearing; no representatives were in the room to testify. Committee members who questioned Howe generally framed the bill as a narrow, efficiency‑focused change intended to protect the integrity of original signatures and avoid diverting staff from time‑sensitive verification work.

The committee moved and approved a recommendation of "do pass" on House Bill 1158. The motion was made by Representative Bosley and seconded by Representative Palstead; the roll call showed 12 yeas, 0 nays, 1 absent. The committee named Representative Moshenbacher as the carry for the bill.

Votes at a glance

- House Bill 1158 — Motion: "Do pass" (moved by Representative Bosley; seconded by Representative Palstead). Committee recommendation: do pass approved; tally 12 yes, 0 no, 1 absent.

Why it matters: The bill affects public access to original petition signature packets during a limited validation window. Supporters framed it as an efficiency and document‑integrity measure; no opposition testimony was recorded in committee.

What’s next: Committee recommended the bill "do pass" and appointed a floor carrier; after the 35‑day verification period originals would become public according to the bill's terms.