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Bismarck petitioners ask commission to approve ballot wording; warn they may seek court order
Summary
A citizens'committee asked the city to approve the wording and formatting of an initiated-measure petition under Article V of the Bismarck Home Rule Charter so signature collection can begin, saying failure to grant ministerial approval could prompt a writ of mandamus.
Carl Young, speaking during public comment, asked the commission to approve the wording and formatting of an initiated-measure petition so circulation and signature gathering may begin. He said the committee submitted its measure May 23, has revised wording in response to staff feedback, and seeks only the ministerial approval the charter prescribes.
"Article 5 guarantees Bismarck voters the right to initiate ordinances and charter amendments," Young said, urging the city not to block circulation and warning that "if our wording is not approved for circulation by the next city commission meeting, our committee will file a writ of mandamus in district court to compel the city to perform its legal duty under Article 5." He added the group prefers to avoid litigation and wants cooperation.
The city attorney told the commission she had reviewed Young's latest submission and identified formatting defects: inconsistent indentation, missing underlines for new text and strikethroughs for removed text, and a subsection label that did not match the charter. She advised the petition follow the city's preferred formatting and general legislative-drafting conventions to make the text clear and compliant.
Mayor and commissioners indicated the commission does not have to endorse or adopt the substance of an initiated measure but heard requests for staff to help the petitioners comply with formatting requirements so circulation can proceed if the text conforms to charter and drafting rules. The petitioners said they had previously used the 2024 initiated measure as a template and asked for consistent treatment.
The commission did not take a formal vote on the petition during the period of public comment; staff advised continued back-and-forth to resolve formatting issues and potential next steps if the petitioners feel the city has denied a purely ministerial approval.
Next steps: petitioners and city staff will continue to work on formatting; Mr. Young said his committee will proceed to pursue legal remedies only if ministerial approval is not granted before the next commission meeting.
