Tag: North Dakota

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incumbents term limits

Go Ask Gary

North Dakota, term limits

A mystery confounds the minds of North Dakota’s legislators.

It has a fake part and a real part. 

The fake part itself has two parts: 1) how to learn whether voters support term limits, and 2) how to learn how a legislative body can function unless incumbents, whose advantages over challengers enable them to return to office sporting reelection rates exceeding 90 percent, may remain in place until ousted by death or scandal?

The answer to the first everyone knows. The answer to the second is to write down procedures and give tutorials and guidebooks on how the legislature works to newcomers in legislative halls.

The real mystery, though, is how to overthrow term limits given voters’ massive continuing support?

The answer? 

This is where they get “clever”! Their plan appears to be: concoct the fake mystery and set up investigations premised on it.

And maybe sacrifice lambs and the first-​born to the gods, hoping and praying and hoping some more that something turns up … anything to enable downtrodden entrenched legislators to cling to power for all eternity.

Regardless of popular support for term limits — support, after all, that has been confirmed in polls on the question conducted over the past four decades as well as in election after election.

This all explains why North Dakota legislators are paying $220,000 to Gary Consulting to find out how voters — who in 2022 passed term limits of eight years on the state house and eight years on the state senate — feel about term limits and how lawmakers feel about term limits.

I’ll tell you for free: voters love them; incumbents hate them.

This is Common Sense. I’m Paul Jacob.

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Illustration created with Krea and Fireflly

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initiative, referendum, and recall term limits Voting

They Shoot Horses, Don’t They?

Citizen Initiatives, term limits, North Dakota

North Dakota state representatives (and I use that term loosely) are unhappy. 

Very unhappy.

They have no use for the Ethics Commission that voters established back in 2018 by passing a constitutional amendment initiated by citizen petition. State legislators reacted by trying to — ahem — “fix” the horse the ethics measure “rode in on.” 

That is, wreck the state’s ballot initiative process, to prevent citizens from making such reforms happen … without any “help” from politicians.

Legislators placed a constitutional amendment on the ballot to require that any citizen-​initiated amendment be approved not merely by North Dakota voters, but then by both chambers of the state legislature. Their amendment, amid uproar, was finally amended so that if legislators voted the initiative down, voters would get a second vote on it. 

Still, 62 percent of voters said, “No, thanks!”

Then, in 2022, the state Chamber of Commerce and other special interests attempted to use the citizen petition process, which they always say is way too easy. Yet, these insiders failed to gather enough signatures to qualify their measure requiring a 60 percent supermajority to pass an initiative. 

Meanwhile, term limits supporters gathered enough signatures* and, last November, North Dakotans said, “Yes!” 

Seems politicians in Bismarck, the state capital, are even less fond of term limits. They’ve introduced a raft of bills designed to kill the citizen petition process:

  • House Bill 1452 would slap a 90 percent tax on contributions to ballot measures by any American living outside North Dakota. 
  • House Bill 1230 would fine a campaign committee $10,000 and each of committee member $1,000 each if the petitions they turn in fail to have enough valid signatures to qualify the initiative.
  • Senate Concurrent Resolution 4013 would amend the state constitution to (a) require 25 percent more voter signatures, (b) outlaw any payment to signature gatherers (something the U.S. Supreme Court has already unanimously ruled state governments cannot do), © block new residents from petitioning in the state for in some cases over a year, and (d) mandate a 67 percent vote to pass a citizen-​initiated ballot measure. 

North Dakota legislators prove the case for term limits. And the horse it rode in on: citizen initiative.

This is Common Sense. I’m Paul Jacob.

* Though term limits supporters had to fight the 30-​year incumbent Secretary of State’s attempt to block the petition all the way to the state’s highest court, which ruled unanimously to place term limits before the voters.

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initiative, referendum, and recall judiciary term limits

The Fix Wasn’t In

Al Jaeger has been the Secretary of State in North Dakota

Something totally unexpected — by me, at least — happened earlier this month in North Dakota. It concerned a citizen initiative to term-​limit the Peace Garden State’s governor and state legislators.

Not unexpected, however, how often term limits measures meet resistance from long-​serving politicians, judges, and officials.

Al Jaeger has been the Secretary of State in North Dakota for the last 30 years. This is Mr. Jaeger’s final term; at age 79, he’s not seeking re-election.

Back in February, Jared Hendrix and the North Dakota Term Limits committee submitted over 46,000 voter signatures on petitions to Jaeger’s office, enough to far surpass the 31,164 requirement to earn a spot on this November’s ballot. 

Yet, in March, Secretary Jaeger ruled that the petition fell far short of the requirement, throwing out over 15,000 otherwise valid signatures because the petitions were notarized by someone he “suspected” of fraud. Before making this public announcement, however, Jaeger had brought proponent Hendrix into his office and, along with the state’s attorney general, threatened criminal prosecutions unless he withdrew the petition.

Hendrix refused to cave. And with help from U.S. Term Limits, the North Dakota group challenged the secretary’s denial. Still, when a lower court judge agreed that Jaeger, with all his experience, could make such sweeping judgments to disqualify petitions, I feared the fix was in. 

But earlier this month, the surprise: the North Dakota Supreme Court ruled, unanimously, that Jaeger had misapplied the law and ordered the amendment placed on the ballot as Measure 1.

Yes. Misapplied. Deliberately?

Thankfully, the term limits amendment includes a provision to prevent itself, if passed, from being overturned except by another citizen initiative. 

We know how eager establishment politicians are to kill term limits by hook or by crook, mostly crook.

This is Common Sense. I’m Paul Jacob.

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Accountability initiative, referendum, and recall insider corruption

Representative or Reprehensible?

North Dakota, State Auditor,

Seventy-​seven million. 

That is the dollar amount of “financial errors” that North Dakota State Auditor Joshua Gallion discovered in the last year, after launching performance audits at twice the rate of his predecessor.* 

So, uncork the champagne! Huzzahs all around! Back slaps.

But the back-​slappers in the state legislature took a much different tack. 

In the waning days of this year’s now-​adjourned legislative session, in the opacity of a conference committee, a change somehow slipped into a bill. No future audits without legislative approval. 

As news hit of this handcuffing of the elected watchdog, taxpayers turned livid. And legislators started tap-​dancing, claiming that “the legislation had nothing to do with the new aggressiveness Gallion brought to the job.”

Finally, Rep. Keith Kempenich, the author of the change, confessed: “A lot of legislators started having some issues with the way things were going and wanted to reel him in.” 

Kempenich added that the auditor’s work “isn’t supposed to embarrass people.” At his Minuteman Blog, Arthur Mason countered that such financial mismanagement is “worthy of embarrassment.”

Governor Doug Burgum, who has “felt the sting of a Gallion audit,” signed the bill; calls for the legislature to reverse their gutting of accountability have fallen on deaf ears.

Concerned citizens were already organizing to defeat the legislature’s proposed constitutional amendment giving themselves a veto on voter-​initiated amendments, requiring a re-​vote if politicians don’t like the people’s first vote. Now an additional effort is forming to petition a referendum or new initiative onto the ballot to stop the power-​mad politicians from neutering the state auditor. 

Who do these legislators think they are? 

Seems North Dakota’s solons are in desperate need of still another reform measure: term limits. 

This is Common Sense. I’m Paul Jacob. 

* Prior to Gallion’s 2016 election, the state auditor post had for 44 years been a hereditary fiefdom, held by Republican Robert Peterson for 20 years and, before that, for 24 years by Peterson’s father. 

North Dakota, State Auditor,

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Accountability ideological culture initiative, referendum, and recall

March Sanity

North Dakota, initiative, citizen initiative, ballot initiative, democracy, suppression

“A public debate on the merits of a measure can reveal its flaws,” the Bismarck Tribune calmly and reasonably editorialized yesterday, “and then we have to trust voters to do the right thing.”

“Why are some legislators so afraid to allow North Dakota voters to decide what is in their constitution?” an earlier Fargo Forum editorial asked. The Forum dubbed one bill — giving the legislature a partial veto on voter-​enacted constitutional amendments — “The Voter Nullification Act.” 

On the voter initiative, North Dakota’s elected representatives are of a much different mind than these newspapers or the people of North Dakota.

The Flickertail State is hardly alone on this. 

Michigan’s legislature made their ballot initiative process more difficult in last December’s lame-​duck session. Arkansas politicians have been stabbing at the initiative with rules and regulations for years, and they’re back at it this session. On a recent trip to the Missouri capitol, I heard elected officials privately argue that voters deciding issues directly — without going through the legislature — was a “bastardization” of our republic. 

Take Idaho’s Senate Bill 1159, which would hike up the signature requirement from 6 to 10 percent of voters, a 67 percent increase, while also reducing by two-​thirds the time allowed for petitioning. The legislation’s stated purpose? “[T]o increase voter involvement.”

“It is odd,” wrote former state Supreme Court Justice Jim Jones in the Idaho State Journal, “that some in the Legislature now wish to drive a stake into the heart of that people-​driven legislative process.”

It’s not really very odd. Legislators routinely put their political self-​interest before the people — especially when it comes to voters having a democratic check on their power. 

This is Common Sense. I’m Paul Jacob.

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North Dakota, initiative, citizen initiative, ballot initiative, democracy, suppression

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Meet the Mob

citizen's initiative, democracy, mob, North Dakota, initiative

North Dakota faces a serious problem: The Mob. 

“The point of being a republic is so that Mob doesn’t rule,” warned Chris Berg, host of Point of View on Fargo, North Dakota’s Valley News Live. “If you live in a true democracy that’s where Mob can rule.”

Berg called citizens petitioning issues onto the ballot for a vote “a mob-​rule system … that allows us to change the actual constitution of our state.”

Not sure which constitution one might work to amend except for the “actual” constitution. But I do see a clearly articulated concern with mob rule. 

“A republic, my folks, is what we live in,” continued Berg, juxtaposing the ballot initiative process as “a pure democratic system.”

But ballot measures are no more pure democracy than are acts enacted by the legislature. Both can be challenged and overturned if they violate constitutional rights.

The focus of Berg’s anti-​initiative worry is Measure 1, an ethics amendment passed last November and derided by Berg as “a bunch of Hollywood money to change North Dakota.” 

True, Measure 1 did receive support from folks outside North Dakota, including groups supported by Hollywood stars. 

Those financial backers were well known to North Dakotans, 54 percent of whom voted for the measure. 

And freedom means the right to associate with fellow Americans across state lines. 

Responding to Berg, Dustin Gawrylow, managing director of the North Dakota Watchdog Network, said the citizen initiative process was “the best way to keep legislators honest and in tune with the people.”

After all, without “a way for the people to actually set the rules for lawmakers,” the people would be ruled by … the capitol mob.

This is Common Sense. I’m Paul Jacob.

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citizen's initiative, democracy, mob, North Dakota, initiative

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initiative, referendum, and recall local leaders nannyism Regulating Protest

Who Works For Whom?

Senator, David Hogue, petition, initiative, ballot, democracy, North Dakota

On the difference between citizen control and a cheap imitation…

Rob Port likes something I do not: North Dakota’s Senate Concurrent Resolution 4001. 

I have previously applauded Port in this space, for his excellent political commentary on Say Anything Blog, columns for the Forum News Service, and on his WDAY AM-​970 radio show in Fargo.

Today? Boos.

The constitutional amendment, pre-​filed for next year’s session by Sen. David Hogue (R‑Minot), would require any future constitutional amendment petitioned onto the ballot by citizens and then passed by voters in a statewide General Election to … pass the Legislature twice — in two separate sessions — to be enacted. 

Hogue’s amendment exterminates the power of the people to bind their representatives constitutionally, arming the Legislature with a veto to overrule the people. 

Port worries that the ballot initiative process has “become an avenue by which deep-​pocketed, mostly out-​of-​state interests” are “buying their way onto the ballot and drowning out opposition with expensive marketing.”

He points to Measure 1, an ethics amendment, funded by “Hollywood activists.” In full disclosure, Liberty Initiative Fund contributed $250,000 from “out of state” to help a North Dakota committee place Measure 2 for “citizen only voting” onto last November’s ballot. But these measures were sponsored and voted for by the citizens of North Dakota, who have every constitutional right to work with folks from outside the Peace Garden State. Even me.

This is worse than the “overkill” Port admits. It changes the rules so that the people could no longer check their elected officials, but only beg those officials for any desired reform.

Thus defeating the very purpose of the citizen initiative process. 

SCR 4001 is democratic suicide. 

This is Common Sense. I’m Paul Jacob. 

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Senator, David Hogue, petition, initiative, ballot, democracy, North Dakota

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A Clever Change

Time, gentleman, please!

North Dakota legislators had introduced HCR 3034 and passed it at the pleadings of Secretary of State Al Jaeger. The old-​timer had argued his office needed more time: time to review petitions, time to accommodate legal challenges to ballot measures.

Democracy can be such a fast-​moving target, er, process, you know.

HCR 3034 became Measure 1, a constitutional amendment to change one thing: the length of time citizens had to circulate petitions. It moved the deadline for signature turn-​in from 90 days prior to an election to 120 days prior, thereby cutting 30 days from the citizens and giving it to the Secretary of State, who assured everybody that his extra time would “safeguard the credibility of the petition process.”

The measure passed two weeks ago, in part because it was conducted in a low-​turnout primary election.

Most times politicians avoid citizen input altogether, in their fight against initiative. But in this case, politicians nudged citizens into sacrificing their own advantages to make it easier for the insider class.

It’s admittedly not catastrophic. Worse anti-​initiative measures have passed elsewhere.

But could there have been a telltale sign of the malign intent here, not seen by the voters? Nixing those 30 days did at least one crucial thing: it disallowed signature gathering at the biggest and most popular event in the state: the state fair.

Could it be that it was not “time” at issue, but timing?

This is Common Sense. I’m Paul Jacob.

 

P.S. You can follow initiative and ballot access news at Citizens in Charge.

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initiative, referendum, and recall tax policy

Fighting Taxpayers

Some opponents of citizen initiative and referendum argue that voters will always opt for tax cuts. I only wish.

Yesterday, North Dakotans decided not to eliminate their state’s property tax. Measure 2 wouldn’t have lowered property taxes, it would have abolished them. Even in a land booming with new-​found oil and gas, and a state government surfing in surpluses, a whopping 78 percent of voters weren’t willing to go that far.

Chalk it up to fear — unfounded fear. North Dakota State government is running a surplus bigger than the state’s property tax take.Fighting Sioux

As is too often the case, voters saw a one-​sided campaign, with spending by the forces of big government — public employee unions and those extracting financial gain from the political status quo — completely outmatching the resources taxpayers had to get their message out. On Measure 2, the No side outspent the Yes side by more than 26 to 1.

Empower the Taxpayer, led by Bob Hale and Charlene Nelson, made the argument that property taxes are particularly malicious because people can lose their homes and farms if they can’t afford the taxes. That argument did not win the day.

But there will be other days. I often tell the story of a 2002 Arkansas initiative campaign to “ax the food tax.” The measure to end the sales tax on food and medicine was slaughtered at the ballot box. Still, now a decade later, the tax has been reduced from 6 percent to 1.5 percent.

North Dakotans voted to keep the state university’s Fighting Sioux mascot. The Fighting Taxpayers may be around even longer.

This is Common Sense. I’m Paul Jacob.