North Dakota Constitution
Introduction
PREAMBLE
Article I
Declaration of Rights
Art. I §1 | FUNDAMENTAL RIGHTS AND FREEDOMS
Art. I §2 | THE PEOPLE'S SOVEREIGNTY
Art. I §3 | RELIGIOUS LIBERTY AND WORSHIP
Art. I §4 | FREEDOM OF SPEECH AND EXPRESSION
Art. I §5 | RIGHT TO ASSEMBLE AND PETITION
Art. I §6 | ABOLITION OF SLAVERY AND SERVITUDE
Art. I §7 | EMPLOYMENT RIGHTS AND PROTECTIONS
Art. I §8 | PROTECTION AGAINST UNREASONABLE SEARCHES
Art. I §9 | ACCESS TO JUSTICE AND DUE PROCESS
Art. I §10 | CRIMINAL PROSECUTION AND INDICTMENT RULES
Art. I §11 | BAIL, FINES, AND PUNISHMENT LIMITATIONS
Art. I §12 | FAIR TRIAL AND LEGAL REPRESENTATION
Art. I §13 | TRIAL BY JURY AND VERDICT STANDARDS
Art. I §14 | HABEAS CORPUS AND PUBLIC SAFETY
Art. I §15 | DEBT AND LEGAL OBLIGATIONS
Art. I §16 | EMINENT DOMAIN AND PROPERTY RIGHTS
For purposes of this section, a public use or a public purpose does not include public benefits of economic development, including an increase in tax base, tax revenues, employment, or general economic health. Private property shall not be taken for the use of, or ownership by, any private individual or entity, unless that property is necessary for conducting a common carrier or utility business.
Art. I §17 | DEFINITION AND CONVICTION OF TREASON
Art. I §18 | PROHIBITION OF UNJUST LAWS
Art. I §19 | MILITARY SUBORDINATION TO CIVIL POWER
Art. I §20 | PRESERVATION OF CONSTITUTIONAL PROTECTIONS
Art. I §21 | EQUAL PRIVILEGES AND IMMUNITIES
Art. I §22 | UNIFORMITY IN STATE LAWS
Art. I §23 | NORTH DAKOTA’S PLACE IN THE UNION
Art. I §24 | MANDATORY AND PROHIBITORY CONSTITUTIONAL PROVISIONS
Art. I §25 | JUSTICE AND PROTECTION: SAFEGUARDING CRIME VICTIMS' RIGHTS
b. The right to be free from intimidation, harassment, and abuse.
c. The right to be reasonably protected from the accused and any person acting on behalf of the accused.
d. The right to have the safety and welfare of the victim and the victim's family considered when setting bail or making release decisions.
e. The right to prevent the disclosure of information or records that could be used to locate or harass the victim or the victim's family, or which could disclose confidential or privileged information about the victim, and to be notified of any request for such information or records.
f. The right to privacy, which includes the right to refuse an interview, deposition, or other discovery request made by the defendant, the defendant's attorney, or any person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interaction to which the victim consents. Nothing in this section shall abrogate a defendant's sixth amendment rights under the Constitution of the United States nor diminish the state's disclosure obligations to a defendant.
g. The right to reasonable, accurate, and timely notice of, and to be present at, all proceedings involving the criminal or delinquent conduct, including release, plea, sentencing, adjudication, and disposition, and any proceeding during which a right of the victim is implicated.
h. The right to be promptly notified of any release or escape of the accused.
i. The right to be heard in any proceeding involving release, plea, sentencing, adjudication, disposition, or parole, and any proceeding during which a right of the victim is implicated.
j. The right, upon request, to confer with the attorney for the government.
k. The right to provide information regarding the impact of the offender's conduct on the victim and the victim's family to the individual responsible for conducting any presentence or disposition investigation or compiling any presentence investigation report or recommendation regarding, and to have any such information considered in any sentencing or disposition recommendations.
l. The right, upon request, to receive a copy of any report or record relevant to the exercise of a victim's right, except for those portions made confidential by law or unless a court determines disclosure would substantially interfere with the investigation of a case, and to receive a copy of any presentence report or plan of disposition when available to the defendant or delinquent child.
m. The right, upon request, to the prompt return of the victim's property when no longer needed as evidence in the case.
n. The right to full and timely restitution in every case and from each offender for all losses suffered by the victim as a result of the criminal or delinquent conduct. All monies and property collected from any person who has been ordered to make restitution shall be first applied to the restitution owed to the victim before paying any amounts owed to the government.
o. The right to proceedings free from unreasonable delay, and to a prompt and final conclusion of the case and any related post-judgment proceedings.
p. The right, upon request, to be informed of the conviction, adjudication, sentence, disposition, place, and time of incarceration, detention, or other disposition of the offender, any scheduled release date of the offender, and the release of or the escape by the offender from custody or commitment.
q. The right, upon request, to be informed in a timely manner of all post-judgment processes and procedures, to participate in such processes and procedures, to provide information to the release authority to be considered before any release decision is made, and to be notified of any release decision regarding the offender. The parole authority shall extend the right to be heard to any person harmed by the offender.
r. The right, upon request, to be informed in a timely manner of any pardon, commutation, reprieve, or expungement procedures, to provide information to the governor, the court, any pardon board, and other authority in these procedures, and to have that information considered before a decision is made, and to be notified of such decision in advance of any release of the offender.
s. The right to be informed of these rights, and to be informed that victims can seek the advice of an attorney with respect to their rights. This information shall be made available to the general public and provided to all crime victims in what is referred to as a Marsy's card.
3. The granting of these rights to victims shall not be construed to deny or disparage other rights possessed by victims. All provisions of this section apply throughout criminal and juvenile justice processes and are self-enabling. This section does not create any cause of action for damages against the state, any political subdivision of the state, any officer, employee, or agent of the state or of any of its political subdivisions, or any officer or employee of the court.
4. As used in this section, a "victim" is a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act or against whom the crime or delinquent act is committed. If a victim is deceased, incompetent, incapacitated, or a minor, the victim's spouse, parent, grandparent, child, sibling, grandchild, or guardian, and any person with a relationship to the victim that is substantially similar to a listed relationship, may also exercise these rights. The term "victim" does not include the accused or a person whom the court finds would not act in the best interests of a deceased, incompetent, minor, or incapacitated victim.
Article II
Elective Franchise
Art. II §1 | VOTING RIGHTS AND ELIGIBILITY
Art. II §2 | RESTRICTIONS ON VOTING
Art. II §3 | ELECTORAL PARTICIPATION AND JURISDICTION
Article III
Powers Reserved To The People
Art. III §1 | INITIATIVE AND LEGISLATIVE AUTHORITY
Art. III §2 | PETITION REQUIREMENTS AND SUBMISSION PROCESS
Art. III §3 | CIRCULATION AND VERIFICATION OF SIGNATURES
Art. III §4 | THRESHOLDS FOR PETITION SUBMISSION
Art. III §5 | ELECTION DEADLINES AND PETITION IMPACT
Art. III §6 | SECRETARY OF STATE’S ROLE IN PETITION APPROVAL
Art. III §7 | JUDICIAL REVIEW AND BALLOT INCLUSION
Art. III §8 | ENACTMENT AND REPEAL OF INITIATED MEASURES
Art. III §9 | CONSTITUTIONAL AMENDMENT VIA INITIATIVE
Art. III §10 | RECALL PROCESS FOR ELECTED OFFICIALS
The petition shall be filed with the official with whom a petition for nomination to the office in question is filed, who shall call a special election if he finds the petition valid and sufficient. No elector may remove his name from a recall petition.
The name of the official to be recalled shall be placed on the ballot unless he resigns within ten days after the filing of the petition. Other candidates for the office may be nominated in a manner provided by law. When the election results have been officially declared, the candidate receiving the highest number of votes shall be deemed elected for the remainder of the term. No official shall be subject twice to recall during the term for which he was elected.
Article IV
Legislative Branch
Art. IV §1 | STRUCTURE OF THE LEGISLATIVE ASSEMBLY
Art. IV §2 | APPORTIONMENT AND ELECTORAL EQUALITY
The legislative assembly shall guarantee, as nearly as is practicable, that every elector is equal to every other elector in the state in the power to cast ballots for legislative candidates. A senator and at least two representatives must be apportioned to each senatorial district and be elected at large or from subdistricts from those districts. The legislative assembly may combine two senatorial districts only when a single member senatorial district includes a federal facility or federal installation, containing over two-thirds of the population of a single member senatorial district, and may provide for the election of senators at large and representatives at large or from subdistricts from those districts.
Art. IV §3 | BIENNIAL ELECTION CYCLES
Art. IV §4 | LEGISLATIVE TERM DURATIONS
Art. IV §5 | RESIDENCY AND ELIGIBILITY REQUIREMENTS
Art. IV §6 | RESTRICTIONS ON HOLDING OFFICE
Art. IV §7 | LEGISLATIVE SESSION PROCEDURES
The legislative assembly shall meet at the seat of government in the month of December following the election of the members thereof for organizational and orientation purposes as provided by law and shall thereafter recess until twelve noon on the first Tuesday after the third day in January or at such other time as may be prescribed by law but not later than the eleventh day of January.
No regular session of the legislative assembly may exceed eighty natural days during the biennium. The organizational meeting of the legislative assembly may not be counted as part of those eighty natural days, nor may days spent in session at the call of the governor or while engaged in impeachment proceedings, be counted. Days spent in regular session need not be consecutive, and the legislative assembly may authorize its committees to meet at any time during the biennium. As used in this section, a "natural day" means a period of twenty-four consecutive hours.
Neither house may recess nor adjourn for more than three days without consent of the other house.
Art. IV §8 | PRESIDING OFFICERS AND LEADERSHIP
Art. IV §9 | BRIBERY AND CORRUPTION PREVENTION
Art. IV §10 | DISQUALIFICATION FOR CRIMINAL CONDUCT
Art. IV §11 | FILLING LEGISLATIVE VACANCIES
Art. IV §12 | QUORUM AND LEGISLATIVE PROCEEDINGS
Each house is the judge of the qualifications of its members, but election contests are subject to judicial review as provided by law. If two or more candidates for the same office receive an equal and highest number of votes, the secretary of state shall choose one of them by the toss of a coin.
Each house shall determine its rules of procedure, and may punish its members or other persons for contempt or disorderly behavior in its presence. With the concurrence of two-thirds of its elected members, either house may expel a member.
Art. IV §13 | JOURNALS, VOTES, AND BILL PASSAGE
No law may be enacted except by a bill passed by both houses, and no bill may be amended on its passage through either house in a manner which changes its general subject matter. No bill may embrace more than one subject, which must be expressed in its title; but a law violating this provision is invalid only to the extent the subject is not so expressed.
Every bill must be read on two separate natural days, and the readings may be by title only unless a reading at length is demanded by one-fifth of the members present.
No bill may be amended, extended, or incorporated in any other bill by reference to its title only, except in the case of definitions and procedural provisions.
The presiding officer of each house shall sign all bills passed and resolutions adopted by the legislative assembly, and the fact of signing shall be entered at once in the journal.
Every law, except as otherwise provided in this section, enacted by the legislative assembly during its eighty natural meeting days takes effect on August first after its filing with the secretary of state, or if filed on or after August first and before January first of the following year ninety days after its filing, or on a subsequent date if specified in the law unless, by a vote of two-thirds of the members elected to each house, the legislative assembly declares it an emergency measure and includes the declaration in the Act. Every appropriation measure for support and maintenance of state departments and institutions and every tax measure that changes tax rates enacted by the legislative assembly take effect on July first after its filing with the secretary of state or on a subsequent date if specified in the law unless, by a vote of two-thirds of the members elected to each house, the legislative assembly declares it an emergency measure and includes the declaration in the Act. An emergency measure takes effect upon its filing with the secretary of state or on a date specified in the measure. Every law enacted by a special session of the legislative assembly takes effect on a date specified in the Act.
The legislative assembly shall enact all laws necessary to carry into effect the provisions of this constitution. Except as otherwise provided in this constitution, no local or special laws may be enacted, nor may the legislative assembly indirectly enact special or local laws by the partial repeal of a general law but laws repealing local or special laws may be enacted.
Art. IV §14 | TRANSPARENCY AND PUBLIC ACCESS
Art. IV §15 | LEGISLATIVE PRIVILEGES AND IMMUNITIES
Art. IV §16 | AMENDING THE STATE CONSTITUTION
Art. IV §17 | REPEALED
Art. IV §18 | REPEALED
Art. IV §19 | RENUMBERED
Art. IV §20 | REPEALED
Art. IV §21 | REPEALED
Art. IV §22 | REPEALED
Art. IV §23 | REPEALED
Art. IV §24 | REPEALED
Art. IV §25 | REPEALED
Art. IV §26 | REPEALED
Art. IV §27 | REPEALED
Art. IV §28 | REPEALED
Art. IV §29 | REPEALED
Art. IV §30 | REPEALED
Art. IV §31 | REPEALED
Art. IV §32 | REPEALED
Art. IV §33 | REPEALED
Art. IV §34 | REPEALED
Art. IV §35 | REPEALED
Art. IV §36 | REPEALED
Art. IV §37 | REPEALED
Art. IV §38 | REPEALED
Art. IV §39 | REPEALED
Art. IV §40 | REPEALED
Art. IV §41 | REPEALED
Art. IV §42 | REPEALED
Art. IV §43 | REPEALED
Art. IV §44 | REPEALED
Art. IV §45 | REPEALED
Art. IV §46 | REPEALED
Article V
Executive Branch
Art. V §1 | EXECUTIVE AUTHORITY AND GOVERNANCE
Art. V §2 | ELECTION AND COMPOSITION OF STATE OFFICIALS
The powers and duties of the agriculture commissioner, attorney general, auditor, insurance commissioner, public service commissioners, secretary of state, superintendent of public instruction, tax commissioner, and treasurer must be prescribed by law. If the legislative assembly establishes a labor department, the powers and duties of the officer administering that department must be prescribed by law.
Art. V §3 | JOINT BALLOT FOR GOVERNOR AND LIEUTENANT GOVERNOR
Art. V §4 | ELIGIBILITY REQUIREMENTS FOR STATE OFFICE
Art. V §5 | TERMS AND SUCCESSION OF ELECTED OFFICIALS
If two or more candidates for any executive office other than for governor and lieutenant governor receive an equal and highest number of votes, the legislative assembly in joint session shall choose one of them for the office.
Art. V §6 | STATE CAPITAL RESIDENCY FOR OFFICIALS
Art. V §7 | DUTIES AND POWERS OF THE GOVERNOR
The governor is commander-in-chief of the state's military forces, except when they are called into the service of the United States, and the governor may mobilize them to execute the laws and maintain order.
The governor shall prescribe the duties of the lieutenant governor in addition to those prescribed in this article.
The governor may call special sessions of the legislative assembly.
The governor shall present information on the condition of the state, together with any recommended legislation, to every regular and special session of the legislative assembly.
The governor shall transact and supervise all necessary business of the state with the United States, the other states, and the officers and officials of this state.
The governor may grant reprieves, commutations, and pardons. The governor may delegate this power in a manner provided by law.
Art. V §8 | APPOINTMENTS AND FILLING VACANCIES
Art. V §9 | LEGISLATIVE APPROVAL AND VETO PROCESS
The governor may veto a bill passed by the legislative assembly. The governor may veto items in an appropriation bill. Portions of the bill not vetoed become law.
The governor shall return for reconsideration any vetoed item or bill, with a written statement of the governor's objections, to the house in which it originated. That house shall immediately enter the governor's objections upon its journal. If, by a recorded vote, two-thirds of the members elected to that house pass a vetoed item or bill, it, along with the statement of the governor's objections, must immediately be delivered to the other house. If, by a recorded vote, two-thirds of the members elected to the other house also pass it, the vetoed item or bill becomes law.
While the legislative assembly is in session, a bill becomes law if the governor neither signs nor vetoes it within three legislative days after its delivery to the governor. If the legislative assembly is not in session, a bill becomes law if the governor neither signs nor vetoes it within fifteen days, Saturdays and Sundays excepted, after its delivery to the governor.
Art. V §10 | BRIBERY AND ETHICAL STANDARDS IN OFFICE
Art. V §11 | GUBERNATORIAL SUCCESSION AND EMERGENCY PROVISIONS
Art. V §12 | LIEUTENANT GOVERNOR’S ROLE IN THE SENATE
Article VI
Judicial Branch
Art. VI §1 | JUDICIAL AUTHORITY AND COURT STRUCTURE
Art. VI §2 | SUPREME COURT: POWERS AND COMPOSITION
Art. VI §3 | PROCEDURAL RULES AND LEGAL ADMINISTRATION
The chief justice shall be the administrative head of the unified judicial system. He may assign judges, including retired judges, for temporary duty in any court or district under such rules and regulations as may be promulgated by the supreme court. The chief justice shall appoint a court administrator for the unified judicial system. Unless otherwise provided by law, the powers, duties, qualifications, and terms of office of the court administrator, and other court officials, shall be as provided by rules of the court.
Art. VI §4 | QUORUM AND JUDICIAL DECISIONS
Art. VI §5 | JUDICIAL OPINIONS AND DISSENTING VIEWS
Art. VI §6 | APPEALS PROCESS AND APPELLATE JURISDICTION
Art. VI §7 | JUDICIAL SELECTION AND TENURE
Art. VI §8 | DISTRICT COURT JURISDICTION AND AUTHORITY
Art. VI §9 | JUDICIAL DISTRICTS AND LOCAL COURT ADMINISTRATION
Art. VI §10 | QUALIFICATIONS AND RESTRICTIONS FOR JUDGES
No justice of the supreme court or judge of the district court of this state shall engage in the practice of law, or hold any public office, elective or appointive, not judicial in nature. No duties shall be imposed by law upon the supreme court or any of the justices thereof, except such as are judicial, nor shall any of the justices exercise any power of appointment except as herein provided. No judge of any court of this state shall be paid from the fees of his office, nor shall the amount of his compensation be measured by fees, other moneys received, or the amount of judicial activity of his office.
Art. VI §11 | JUDICIAL RECUSAL AND CONFLICT RESOLUTION
Art. VI §12 | JUDICIAL DISCIPLINE AND REMOVAL PROCEDURES
Art. VI §12.1 | JUDICIAL NOMINATION AND APPOINTMENT PROCESS
Art. VI §13 | ELECTION AND SUCCESSION OF JUDGES
2. An appointment must continue for at least two years. If the term of the appointed judgeship expires before the judge has served at least two years, the judge shall continue in the position until the next general election immediately following the service of at least two years.
3. Notwithstanding sections 7 and 9 of this article, the term of the judge elected at the subsequent general election provided for in subsection 2 is reduced to the number of years remaining in the subsequent term after the appointee has served at least two years.
Article VII
Political Subdivisions
Art. VII §1 | LOCAL SELF-GOVERNMENT AND AUTONOMY
Art. VII §2 | LEGISLATIVE AUTHORITY OVER POLITICAL SUBDIVISIONS
Art. VII §3 | COUNTY RECOGNITION AND JURISDICTION
Art. VII §4 | RELOCATION OF COUNTY SEATS
Art. VII §5 | ANNEXATION, CONSOLIDATION, AND COUNTY BOUNDARIES
Art. VII §6 | HOME RULE AND LOCAL ADMINISTRATION
Art. VII §7 | OPTIONAL FORMS OF COUNTY GOVERNMENT
Until one of the optional forms of county government is adopted by any county, the fiscal and administrative affairs of the county shall be governed by a board of county commissioners as provided by law.
Art. VII §8 | COUNTY RESPONSIBILITIES AND SERVICES
Art. VII §9 | ELECTORAL PROCESSES FOR GOVERNMENTAL STRUCTURE
Art. VII §10 | INTERGOVERNMENTAL AGREEMENTS AND COOPERATION
Art. VII §11 | CITY UTILITY FRANCHISING AUTHORITY
Article VIII
Education
Art. VIII §1 | PUBLIC EDUCATION AND CIVIC RESPONSIBILITY
Art. VIII §2 | STATEWIDE PUBLIC SCHOOL SYSTEM
Art. VIII §3 | CURRICULUM STANDARDS AND ETHICAL INSTRUCTION
Art. VIII §4 | LEGISLATIVE OVERSIGHT ON EDUCATION POLICY
Art. VIII §5 | STATE CONTROL OVER HIGHER EDUCATION INSTITUTIONS
Art. VIII §6 | GOVERNANCE AND ADMINISTRATION OF HIGHER EDUCATION
b. The state agricultural college and experiment station, at Fargo, with their substations.
c. The school of science, at Wahpeton.
d. The state normal schools and teachers colleges, at Valley City, Mayville, Minot, and Dickinson.
e. The school of forestry, at Bottineau.
f. And such other state institutions of higher education as may hereafter be established.
The governor shall appoint as the eighth member of the board a full-time resident student in good academic standing at an institution under the jurisdiction of the state board. Except for the student member, no more than two persons holding a bachelor's degree from a particular institution under the jurisdiction of the state board of higher education may serve on the board at any one time. Except for the student member, no person employed by any institution under the control of the board shall serve as a member of the board and no employee of any such institution may be eligible for membership on the state board of higher education for a period of two years following the termination of employment.
The governor shall nominate from a list of three names for each position, selected by action of four of the following five persons: the president of the North Dakota education association, the chief justice of the supreme court, the superintendent of public instruction, the president pro tempore of the senate, and the speaker of the house of representatives and, with the consent of a majority of the members-elect of the senate, shall appoint from the list to the state board of higher education seven members. The governor shall ensure that the board membership is maintained in a balanced and representative manner. The term of office of members appointed to fill vacancies at the expiration of said terms shall be for four years, and in the case of vacancies otherwise arising, appointments shall be made only for the balance of the term of the members whose places are to be filled. A member may not be appointed to serve for more than two terms. If a member is appointed to fill a vacancy and serves two or more years of that term, the member is deemed to have served one full term.
b. In the event any nomination made by the governor is not consented to and confirmed by the senate, the governor shall again nominate a candidate selected from a new list. The nomination shall be submitted to the senate for confirmation and the proceedings shall continue until an appointee has been confirmed by the senate or the session of the legislature has adjourned.
c. If a term expires or a vacancy occurs when the legislature is not in session, the governor may appoint from a list selected as provided, a member who shall serve until the opening of the next session of the legislature, at which time the appointment must be certified to the senate for confirmation. If the appointee is not confirmed by the thirtieth legislative day of the session, the office shall be deemed vacant and the governor shall nominate another candidate for the office. The same proceedings shall be followed as are set forth in this section. If the legislature is in session at any time within six months prior to the date of the expiration of the term of any member, the governor shall nominate a successor from a list selected as above set forth, within the first thirty days of the session and upon confirmation by the senate the successor shall take office at the expiration of the incumbent's term. No person who has been nominated and whose nomination the senate has failed to confirm is eligible for an interim appointment. On or before July first of each year, beginning in 1995, the governor shall appoint a student member from a list of names recommended by the executive board of the North Dakota student association for a term of one year, beginning on July first. A student member may not serve more than two consecutive terms.
4. Each appointive member of the state board of higher education, except the student member, shall receive compensation set by the legislative assembly for the time actually spent devoted to the duties of the member's office. All members shall receive necessary expenses in the same manner and amounts as other state officials for attending meetings and performing other functions of their office.
5. The legislature shall provide adequate funds for the proper carrying out of the functions and duties of the state board of higher education.
6.
b. The said state board of higher education shall have full authority over the institutions under its control with the right, among its other powers, to prescribe, limit, or modify the courses offered at the several institutions. In furtherance of its powers, the state board of higher education shall have the power to delegate to its employees details of the administration of the institutions under its control. The said state board of higher education shall have full authority to organize or reorganize within constitutional and statutory limitations, the work of each institution under its control, and do each and everything necessary and proper for the efficient and economic administration of said state educational institutions.
c. Said board shall prescribe for all of said institutions standard systems of accounts and records and shall biennially, and within six (6) months immediately preceding the regular session of the legislature, make a report to the governor, covering in detail the operations of the educational institutions under its control.
d. It shall be the duty of the heads of the several state institutions hereinbefore mentioned, to submit the budget requests for the biennial appropriations for said institutions to said state board of higher education; and said state board of higher education shall consider said budgets and shall revise the same as in its judgment shall be for the best interests of the educational system of the state; and thereafter the state board of higher education shall prepare and present to the state budget board and to the legislature a single unified budget covering the needs of all the institutions under its control.
"Said budget shall be prepared and presented by the board of administration until the state board of higher education organizes as provided in subsection 6a."The appropriations for all of said institutions shall be contained in one legislative measure. The budgets and appropriation measures for the agricultural experiment stations and their substations and the extension division of the North Dakota state university of agriculture and applied science may be separate from those of state educational institutions.
e. The said state board of higher education shall have the control of the expenditure of the funds belonging to, and allocated to such institutions and also those appropriated by the legislature, for the institutions of higher education in this state; provided, however, that funds appropriated by the legislature and specifically designated for any one or more of such institutions, shall not be used for any other institution.
b. The state commissioner of higher education shall be a graduate of some reputable college or university, and who by training and experience is familiar with the problems peculiar to higher education.
c. Such commissioner of higher education shall be the chief executive officer of said state board of higher education, and shall perform such duties as shall be prescribed by the board.
Article IX
Trust Lands
Art. IX §1 | STATE TRUST FUNDS AND EDUCATIONAL INVESTMENT
Art. IX §2 | SAFEGUARDING SCHOOL TRUST FUNDS
For the biennium during which this amendment takes effect, distributions from the perpetual trust funds must be the greater of the amount distributed in the preceding biennium or ten percent of the five-year average value of trust assets, excluding the value of lands and minerals. Thereafter, biennial distributions from the perpetual trust funds must be ten percent of the five-year average value of trust assets, excluding the value of lands and minerals. The average value of trust assets is determined by using the assets' ending value for the fiscal year that ends one year before the beginning of the biennium and the assets' ending value for the four preceding fiscal years. Equal amounts must be distributed during each year of the biennium.
Art. IX §3 | BOARD OF UNIVERSITY AND SCHOOL LANDS AUTHORITY
Art. IX §4 | APPRAISAL AND MANAGEMENT OF STATE LANDS
Art. IX §5 | SALE CONDITIONS FOR PUBLIC LANDS
Art. IX §6 | MINIMUM SALE PRICE AND PAYMENT TERMS
All sales shall be held at the county seat of the county in which the land to be sold is situated, and shall be at public auction and to the highest bidder, and notice of such sale shall be published once each week for a period of three weeks prior to the day of sale in a legal newspaper published nearest the land and in the newspaper designated for the publication of the official proceedings and legal notices within the county in which said land is situated. No grant or patent for such lands shall issue until payment is made for the same; provided that the land contracted to be sold by the state shall be subject to taxation from the date of the contract. In case the taxes assessed against any of said lands for any year remain unpaid until the first Monday in October of the following year, the contract of sale for such land shall, if the board of university and school lands so determine, by it, be declared null and void. No contract of sale heretofore made under the provisions of this section of the constitution as then providing shall be affected by this amendment, except prepayment of principal may be made as herein provided.
Any of said lands that may be required for townsite purposes, schoolhouse sites, church sites, cemetery sites, sites for other educational or charitable institutions, public parks, airplane landing fields, fairgrounds, public highways, railroad right of way, or other railroad uses and purposes, reservoirs for the storage of water for irrigation, irrigation canals, and ditches, drainage ditches, or for any of the purposes for which private lands may be taken under the right of eminent domain under the constitution and laws of this state, may be sold under the provisions of this article, and shall be paid for in full at the time of sale, or at any time thereafter as herein provided. Any of said lands and any other lands controlled by the board of university and school lands, including state coal mineral interests, may, with the approval of said board, be exchanged for lands and coal mineral interests of the United States, the state of North Dakota or any county or municipality thereof as the legislature may provide, and the lands so acquired shall be subject to the trust to which the lands exchanged therefor were subject, and the state shall reserve all mineral and water power rights in land so transferred, except coal mineral interests approved for exchange by the board of university and school lands under this section.
When any of said lands have been heretofore or may be hereafter sold on contract, and the purchaser or his heirs or assigns is unable to pay in full for the land purchased within twenty years after the date of purchase and such contract is in default and subject to being declared null and void as by law provided, the board of university and school lands may, after declaring such contract null and void, resell the land described in such contract to such purchaser, his heirs or assigns, for the amount of the unpaid principal, together with interest thereon reckoned to the date of such resale at the rate of not less than three (3%) percent, but in no case shall the resale price be more than the original sale price; such contract of resale shall be upon the terms herein provided, provided this section shall be deemed self-executing insofar as the provisions for resale herein made are concerned.
Art. IX §7 | INSTITUTIONAL LAND SALES AND MANAGEMENT
Art. IX §8 | LEASING PROVISIONS FOR STATE LANDS
Provided, further, that coal lands may also be leased for agricultural cultivation upon such terms and conditions and for such a period, not exceeding five years, as the legislature may provide.
Art. IX §9 | RESTRICTIONS ON PUBLIC LAND OCCUPATION
Art. IX §10 | DISPOSAL OF PUBLIC LANDS BEYOND COMMON SCHOOLS
Art. IX §11 | SECURITY AND ACCOUNTABILITY FOR STATE SCHOOL FUNDS
Art. IX §12 | PERMANENT LOCATIONS FOR STATE INSTITUTIONS
2. The state university and the school of mines at the city of Grand Forks, in the county of Grand Forks.
3. The North Dakota state university of agriculture and applied science at the city of Fargo, in the county of Cass.
4. A state normal school at the city of Valley City, in the county of Barnes, and the legislative assembly, in apportioning the grant of eighty thousand acres of land for normal schools made in the Act of Congress referred to shall grant to the said normal school at Valley City, as aforementioned, fifty thousand (50,000) acres, and said lands are hereby appropriated to said institution for that purpose.
5. The school for the deaf and hard of hearing at the city of Devils Lake, in the county of Ramsey.
6. A state training school at the city of Mandan, in the county of Morton.
7. A state normal school at the city of Mayville, in the county of Traill, and the legislative assembly in apportioning the grant of lands made by Congress in the Act aforesaid for state normal schools shall assign thirty thousand (30,000) acres to the institution hereby located at Mayville, and said lands are hereby appropriated for said purpose.
8. A state hospital for the care of individuals with mental illness at the city of Jamestown, in the county of Stutsman. And the legislative assembly shall appropriate twenty thousand acres of the grant of lands made by the Act of Congress aforesaid for other educational and charitable institutions to the benefit and for the endowment of said institution, and there shall be located at or near the city of Grafton, in the county of Walsh, a facility for individuals with developmental disabilities, on the grounds purchased by the secretary of the interior for a penitentiary building.
Art. IX §13 | ALLOCATION OF LANDS FOR PUBLIC INSTITUTIONS
2. The school for the blind at the city of Grand Forks in the county of Grand Forks or at such other location as may be determined by the legislative assembly to be in the best interests of the students of such institution and the state of North Dakota.
3. A school of forestry, or such other institution as the legislative assembly may determine, at such place in one of the counties of McHenry, Ward, Bottineau, or Rolette, as the electors of said counties may determine by an election for that purpose, to be held as provided by the legislative assembly.
4. A school of science or such other educational or charitable institution as the legislative assembly may prescribe, at the city of Wahpeton in the county of Richland, with a grant of forty thousand acres.
5. A state college at the city of Minot in the county of Ward.
6. A state college at the city of Dickinson in the county of Stark.
7. A state hospital for the care of individuals with mental illness at such place within this state as shall be selected by the legislative assembly.
No other institution of a character similar to any one of those located by article IX, section 12, or this section shall be established or maintained without an amendment of this constitution.
Article X
Finance and Public Debt
Art. X §1 | PROPERTY TAXATION RESTRICTIONS
Art. X §2 | PRESERVATION OF TAXATION AUTHORITY
Art. X §3 | TAXATION LAWS AND REVENUE ALLOCATION
Art. X §4 | ASSESSMENT OF TAXABLE PROPERTY
Art. X §5 | UNIFORMITY IN TAXATION AND EXEMPTIONS
Art. X §6 | REPEALED
Art. X §7 | ACREAGE TAXATION FOR AGRICULTURAL PROTECTION
Art. X §8 | LEGISLATIVE AUTHORITY FOR TAXATION
Art. X §9 | HAIL INSURANCE FUND AND LAND TAXATION
Art. X §10 | MEDICAL CENTER FUNDING THROUGH PROPERTY TAX
2. This amendment shall be self-executing, but legislation may be enacted to facilitate its operation.
Art. X §11 | HIGHWAY FUNDING AND FUEL TAX ALLOCATION
Art. X §12 | PUBLIC FUNDS MANAGEMENT AND DISBURSEMENT
This constitutional amendment shall not be construed to apply to fees and moneys received in connection with the licensing and organization of physicians and surgeons, pharmacists, dentists, osteopaths, optometrists, embalmers, barbers, lawyers, veterinarians, nurses, chiropractors, accountants, architects, hairdressers, chiropodists, and other similarly organized, licensed trades and professions; and this constitutional amendment shall not be construed to amend or repeal existing laws or Acts amendatory thereof concerning such fees and moneys.
2. No bills, claims, accounts, or demands against the state or any county or other political subdivision shall be audited, allowed, or paid until a full itemized statement in writing shall be filed with the officer or officers whose duty it may be to audit the same, and then only upon warrant drawn upon the treasurer of such funds by the proper officer or officers.
3. This amendment shall become effective on July 1, 1939.
Art. X §13 | STATE BOND ISSUANCE AND FINANCIAL LIMITS
No further indebtedness shall be incurred by the state unless evidenced by a bond issue, which shall be authorized by law for certain purposes, to be clearly defined. Every law authorizing a bond issue shall provide for levying an annual tax, or make other provision, sufficient to pay the interest semiannually, and the principal within thirty years from the date of the issue of such bonds and shall specially appropriate the proceeds of such tax, or of such other provisions to the payment of said principal and interest, and such appropriation shall not be repealed nor the tax or other provisions discontinued until such debt, both principal and interest, shall have been paid. No debt in excess of the limit named herein shall be incurred except for the purpose of repelling invasion, suppressing insurrection, defending the state in time of war or to provide for the public defense in case of threatened hostilities.
Art. X §14 | REVENUE BONDS FOR INFRASTRUCTURE PROJECTS
2. The state may issue general obligation bonds for this purpose to an amount which, with all outstanding general obligation bonds, less the amount of all money on hand and taxes in process of collection which are appropriated for their payment, will not exceed five percent of the full and true value of all of the taxable property in the state, to be ascertained by the last assessment made for state and county purposes: but nothing herein shall increase or diminish the limitations established by other provisions of the constitution on the amount of bonds therein authorized to be issued.
3. The state may also issue revenue bonds for the purpose of providing part or all of the funds required for any project undertaken under subsection 1, payable solely from sums realized from payments of principal and interest on money loaned for such project, and from other similar projects if so determined by the legislature, and from the liquidation of security given for such payments. Revenue bonds issued for any project shall not exceed the cost thereof, including all expenses reasonably incurred to complete and finance the project, but shall not be subject to any other limitation of amount.
4. The full faith and credit of the state shall be pledged for the prompt and full payment of all bonds issued under subsection 2. Its obligation with respect to bonds issued under subsection 3 shall be limited to the prompt and full performance of such covenants as the legislature may authorize to be made respecting the enforcing of the provisions of underlying loan agreements and the segregation, accounting, and application of bond proceeds and of loan payments and other security pledged for the payment of the bonds. All bonds authorized by subsections 1 to 3, inclusive, shall mature within forty years from their respective dates of issue, but may be refunded at or before maturity in such manner and for such term and upon such conditions as the legislature may direct. Any such bonds may, but need not be, secured by mortgage upon real or personal property acquired with the proceeds of the same or any other issue of general obligation or revenue bonds, or upon other property mortgaged by the debtor. Pledges of revenues and mortgages of property securing bonds of any issue may be prior or subordinate to or on a parity with pledges and mortgages securing any other issue of general obligation or revenue bonds, as determined by the legislature from time to time in conformity with any provisions made for the security of outstanding bonds.
5. The legislature shall pass such laws as are appropriate to implement this amendment.
6. If any subsection of this amendment, or any part of a subsection, or any application thereof to particular circumstances should be held invalid for any reason, such invalidity shall not affect the validity of all remaining provisions of this amendment which may be given effect without that which is declared invalid, as applied to any circumstances and for this purpose all subsections and parts of subsections and applications thereof are declared to be severable.
Art. X §15 | LOCAL GOVERNMENT DEBT LIMITATIONS
In estimating the indebtedness which a city, county, township, school district or any other political subdivision may incur, the entire amount, exclusive of the bonds upon said revenue-producing utilities, whether contracted prior or subsequent to the adoption of this constitution, shall be included; provided further that any incorporated city may become indebted in any amount not exceeding four per centum of such assessed value without regard to the existing indebtedness of such city for the purpose of constructing or purchasing waterworks for furnishing a supply of water to the inhabitants of such city, or for the purpose of constructing sewers, and for no other purposes whatever. All bonds and obligations in excess of the amount of indebtedness permitted by this constitution, given by any city, county, township, town, school district, or any other political subdivision shall be void.
Art. X §16 | TAXATION FOR DEBT REPAYMENT AND FISCAL RESPONSIBILITY
Art. X §17 | BOND CERTIFICATION AND DEBT VALIDATION
Art. X §18 | GOVERNMENT INVESTMENTS AND CREDIT RESTRICTIONS
Art. X §19 | GRAIN TERMINAL OPERATIONS IN NEIGHBORING STATES
Art. X §20 | GRAIN TERMINAL OPERATIONS IN NORTH DAKOTA
Art. X §21 | COAL TAXATION AND PERMANENT TRUST FUNDS
Art. X §22 | OIL AND GAS REVENUE ALLOCATION FOR WATER PROJECTS
2. Funding of programs for energy conservation.
Art. X §23 | VETERANS' COMPENSATION AND FINANCIAL ASSISTANCE
Art. X §24 | OIL EXTRACTION REVENUE FOR EDUCATION
2. Ten percent of the revenue from oil extraction taxes from taxable oil produced in this state must be deposited in the foundation aid stabilization fund in the state treasury, the interest of which must be transferred to the state general fund on July first of each year.
b. Whenever the principal balance of the foundation aid stabilization fund exceeds fifteen percent of the general fund appropriation for state aid to school districts, for the most recently completed biennium, as determined by the office of management and budget, the legislative assembly may appropriate or transfer any excess principal balance. Such amount may be used for education-related purposes, as provided by law.
Art. X §25 | VETERANS' POSTWAR TRUST FUND MANAGEMENT
Art. X §26 | LEGACY FUND AND LONG-TERM FINANCIAL STABILITY
2. The principal of the legacy fund may be expended, but an expenditure of principal requires a vote of at least two-thirds of the members elected to each house of the legislative assembly. Not more than five percent of the principal of the legacy fund may be expended during a biennium.
3. Statutory programs, in existence as a result of legislation enacted through 2009, providing for impact grants, direct revenue allocations to political subdivisions, and deposits in the oil and gas research fund must remain in effect but the legislative assembly may adjust statutory allocations for those purposes.
4. The state investment board shall invest the moneys in the legacy fund.
5. On July first of each odd-numbered year, the state treasurer shall make a distribution from the legacy fund to a legacy earnings fund as provided by law, but a distribution may not result in an expenditure of principal.
Art. X §27 | PROHIBITION ON PROPERTY TRANSFER TAXES
Article XI
General Provisions
Art. XI §1 | STATE IDENTITY AND BOUNDARIES
Art. XI §2 | THE GREAT SEAL OF NORTH DAKOTA
Art. XI §3 | OWNERSHIP OF NATURAL WATERWAYS
Art. XI §4 | OATH OF OFFICE AND PUBLIC SERVICE COMMITMENT
"I do solemnly swear (or affirm as the case may be) that I will support the Constitution of the United States and the Constitution of the State of North Dakota; and that I will faithfully discharge the duties of the office of _________ according to the best of my ability, so help me God"(if an oath), (under pains and penalties of perjury) if an affirmation, and any other oath, declaration, or test may not be required as a qualification for any office or public trust.
Art. XI §5 | PUBLIC MEETINGS AND GOVERNMENT TRANSPARENCY
Art. XI §6 | ACCESSIBILITY OF PUBLIC RECORDS
Art. XI §7 | GOVERNMENT CONTINUITY IN TIMES OF EMERGENCY
(2) to adopt such other measures as may be necessary and proper for ensuring the continuity of governmental operations including, but not limited to, waiver of constitutional restrictions upon the place of transaction of governmental business, upon the calling of sessions of the legislative assembly, length of sessions, quorum and voting requirements, subjects of legislation and appropriation bill requirements, upon eligibility of legislators to hold other offices, residence requirements for legislators, and upon expenditures, loans or donations of public moneys.
Art. XI §8 | IMPEACHMENT AUTHORITY OF THE HOUSE
Art. XI §9 | SENATE TRIALS FOR IMPEACHMENT CASES
Art. XI §10 | GROUNDS FOR IMPEACHMENT AND CONSEQUENCES
Art. XI §11 | REMOVAL OF OFFICERS FOR MISCONDUCT
Art. XI §12 | RESTRICTIONS ON OFFICE DUTIES DURING IMPEACHMENT
Art. XI §13 | LIEUTENANT GOVERNOR’S ROLE IN IMPEACHMENT TRIALS
Art. XI §14 | NOTIFICATION AND PREPARATION FOR IMPEACHMENT TRIALS
Art. XI §15 | DOUBLE JEOPARDY PROTECTIONS IN IMPEACHMENT CASES
Art. XI §16 | COMPOSITION AND RESPONSIBILITIES OF THE STATE MILITIA
Art. XI §17 | REGULATION AND ORGANIZATION OF THE MILITIA
Art. XI §18 | VOLUNTEER ARMED SERVICES AND RESTRICTIONS
Art. XI §19 | APPOINTMENT AND ELECTION OF MILITIA OFFICERS
Art. XI §20 | COMMISSIONING AND REMOVAL OF MILITIA OFFICERS
Art. XI §21 | LEGAL PROTECTIONS FOR MILITIA MEMBERS
Art. XI §22 | DEBTOR RIGHTS AND PROPERTY EXEMPTIONS
Art. XI §23 | PROPERTY RIGHTS OF MARRIED WOMEN
Art. XI §24 | REGULATION OF CHILD LABOR IN CERTAIN INDUSTRIES
Art. XI §25 | RESTRICTIONS ON GAMES OF CHANCE AND LOTTERIES
Art. XI §26 | EQUAL COMPENSATION ACROSS GOVERNMENT BRANCHES
Art. XI §27 | PRESERVATION OF HUNTING, TRAPPING, AND FISHING RIGHTS
Art. XI §28 | LEGAL DEFINITION AND RECOGNITION OF MARRIAGE
Art. XI §29 | GUARANTEE OF MODERN AGRICULTURAL PRACTICES
Article XII
Corporations Other Than Municipal
Art. XII §1 | DEFINITION AND CLASSIFICATION OF CORPORATIONS
Art. XII §2 | CHARTER LIMITATIONS AND LEGISLATIVE OVERSIGHT
Art. XII §3 | REPEALED
Art. XII §4 | REPEALED
Art. XII §5 | EMINENT DOMAIN AND CORPORATE PROPERTY USE
Art. XII §6 | VOTING RIGHTS IN CORPORATE ELECTIONS
Art. XII §7 | REPEALED
Art. XII §8 | REPEALED
Art. XII §9 | REPEALED
Art. XII §10 | MUNICIPAL APPROVAL FOR INFRASTRUCTURE DEVELOPMENT
Art. XII §11 | REPEALED
Art. XII §12 | REPEALED
Art. XII §13 | REPEALED
Art. XII §14 | REPEALED
Art. XII §15 | REPEALED
Art. XII §16 | PROHIBITION OF MARKET MANIPULATION AND PRICE CONTROL
Art. XII §17 | REPEALED
Article XIII
Compact With The United States
Art. XIII §0 | NOTE ON ARTICLE 13
Art. XIII §1 | PROTECTION OF RELIGIOUS FREEDOM AND WORSHIP
Art. XIII §2 | JURISDICTION OVER FEDERAL MILITARY RESERVATIONS
Art. XIII §3 | ACCEPTANCE OF LAND GRANTS FROM THE UNITED STATES
Art. XIII §4 | CONTINUATION OF ENABLING ACT PROVISIONS
Article XIV
Ethics Commission
Art. XIV §1 | TRANSPARENCY IN CAMPAIGN FINANCE AND GOVERNANCE
2. The legislative assembly shall implement and enforce this section by enacting, no more than three years after the effective date of this article, laws that require prompt, electronically accessible, plainly comprehensible, public disclosure of the ultimate and true source of funds spent in any medium, in an amount greater than two hundred dollars, adjusted for inflation, to influence any statewide election, election for the legislative assembly, statewide ballot-issue election, or to lobby or otherwise influence state government action. The legislative assembly shall have an ongoing duty to revise these laws as necessary to promote the purposes of this section in light of changes in technology and political practices. The legislative assembly shall vest by law one or more entities with authority to implement, interpret, and enforce this section and legislation enacted thereunder. If the laws or rules enacted or an implementation, interpretation, or enforcement action taken under this section fail to fully vindicate the rights provided in this section, a resident taxpayer may bring suit in the courts of this state to enforce such rights.
Art. XIV §2 | LOBBYING ETHICS AND CONTRIBUTION RESTRICTIONS
2. An elected public official may not be a lobbyist while holding office or for two years after holding office. Appropriate civil and criminal sanctions for violations of this subsection shall be set by the legislative assembly.
3. A lobbyist may not knowingly deliver a campaign contribution made by another individual or entity. "Deliver," as used in this subsection, means to transport, transfer, or otherwise transmit, either physically or electronically. This prohibition does not apply to a person who delivers a campaign contribution to the person’s own campaign, or to the campaign of the person’s immediate family member. This prohibition shall not be interpreted to prohibit any person from making a campaign contribution or from encouraging others to make a campaign contribution or to otherwise support or oppose a candidate. Appropriate civil and criminal sanctions for violations of this subsection shall be set by the legislative assembly.
4. A statewide candidate, candidate for the legislative assembly, or public official may not knowingly use a campaign contribution for personal use or enrichment. Appropriate civil and criminal sanctions for violations of this subsection shall be set by the legislative assembly.
5. Directors, officers, commissioners, heads, or other executives of agencies shall avoid the appearance of bias, and shall disqualify themselves in any quasi-judicial proceeding in which monetary or in-kind support related to that person’s election to any office, or a financial interest not shared by the general public as defined by the ethics commission, creates an appearance of bias to a reasonable person. The legislative assembly and the ethics commission shall enforce this provision by appropriate legislation and rules, respectively. So as to allow for the adoption of such legislation or rules, this subsection shall take effect three years after the effective date of this article.
6. Governments of foreign countries, foreign nationals not lawfully admitted for permanent residence in the United States, and corporations organized under the laws of or having their principal place of business in a foreign country, are prohibited from making contributions or expenditures in connection with any statewide election, election for the legislative assembly, or statewide ballot-issue election.
Art. XIV §3 | ESTABLISHMENT OF THE NORTH DAKOTA ETHICS COMMISSION
2. The ethics commission may adopt ethics rules related to transparency, corruption, elections, and lobbying to which any lobbyist, public official, or candidate for public office shall be subject, and may investigate alleged violations of such rules, this article, and related state laws. The ethics commission shall maintain a confidential whistleblower hotline through which any person acting in good faith may submit relevant information. The legislative assembly shall provide adequate funds for the proper carrying out of the functions and duties of the commission.
3. The ethics commission shall consist of five members, appointed for four-year terms by consensus agreement of the governor, the majority leader of the senate, and the minority leader of the senate. No member of the ethics commission may hold other public office or be a lobbyist, candidate for public office, or political party official.
Art. XIV §4 | IMPLEMENTATION AND ENFORCEMENT OF ETHICAL STANDARDS
2. For the purposes of this article, "public office" or "public official" means any elected or appointed office or official of the state’s executive or legislative branch, including members of the ethics commission, or members of the governor’s cabinet, or employees of the legislative branch, and "agency" means each board, bureau, commission, department, or other administrative unit of the executive branch of state government, including one or more officers, employees, or other persons directly or indirectly purporting to act on behalf or under authority of the agency.
3. If any provision of this article is held to be invalid, either on its face or as applied to any person, entity, or circumstance, the remaining provisions, and the application thereof to any person, entity, or circumstance other than those to which it is held invalid, shall not be affected thereby. In any case of a conflict between any provision of this article and any other provision contained in this constitution, the provisions of this article shall control.
Article XV
Term Limits
Art. XV §1 | LEGISLATIVE TERM LIMITS AND SERVICE RESTRICTIONS
Art. XV §2 | GUBERNATORIAL TERM LIMITS AND SUCCESSION
Art. XV §3 | PROSPECTIVE APPLICATION OF TERM LIMITATIONS
Art. XV §4 | LEGISLATIVE RESTRICTIONS ON AMENDING TERM LIMITS
Art. XV §5 | EFFECTIVE DATE OF TERM LIMIT PROVISIONS
Art. XV §6 | SEVERABILITY AND CONSTITUTIONAL SUPREMACY
Article XVI
Congressional Age Limits
Art. XVI §1 | AGE RESTRICTIONS FOR FEDERAL LEGISLATIVE SERVICE
Art. XVI §2 | BALLOT ELIGIBILITY AND AGE LIMIT ENFORCEMENT
Art. XVI §3 | BALLOT ADVISORY FOR AGE-LIMITED CANDIDATES
"Candidate would be [candidate age on December thirty-first of the year immediately preceding the end of term] years old by end of term."
Art. XVI §4 | IMPLEMENTATION AND LEGAL REVIEW PROCEDURES
2. Any action filed under this section shall be advanced on the docket and a final judgment shall be entered within sixty days. Any appeal of the judgment shall be noticed within ten days. The North Dakota State Supreme Court shall have jurisdiction over the appeal and shall issue its order and mandate within sixty days of the filing of the notice of appeal.
3. The Attorney General shall zealously defend all portions of this section, in the courts of this state or of the United States, as an exercise of an important and fundamental state interest. In any action commenced in a court of this state, any elector residing within the district of an applicable office shall be permitted to timely join in the defense of this section as a real party in interest.
Art. XVI §5 | SEVERABILITY AND CONSTITUTIONAL SUPREMACY
Transition Schedule
Sch. §1 | REPEALED
Sch. §2 | REPEALED
Sch. §3 | REPEALED
Sch. §4 | REPEALED
Sch. §5 | REPEALED
Sch. §6 | REPEALED
Sch. §7 | REPEALED
Sch. §8 | REPEALED
Sch. §9 | REPEALED
Sch. §10 | REPEALED
Sch. §11 | REPEALED
Sch. §12 | REPEALED
Sch. §13 | REPEALED
Sch. §14 | REPEALED
Sch. §15 | REPEALED
Sch. §16 | REPEALED
Sch. §17 | REPEALED
Sch. §18 | REPEALED
Sch. §19 | REPEALED
Sch. §20 | REPEALED
Sch. §21 | REPEALED
Sch. §22 | REPEALED
Sch. §23 | REPEALED
Sch. §24 | REPEALED
Sch. §25 | REPEALED
Sch. §26 | PRESERVING GOVERNANCE: CONSTITUTIONAL PUBLICATION AND ACCESSIBILITY
The Enabling Act
Enabling Act §1 | FORMATION OF NEW STATES AND ADMISSION INTO THE UNION
An act to provide for the division of Dakota into two states, and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and state governments, and to be admitted into the union on an equal footing with the original states, and to make donations of public lands to such states.
Be it enacted by the senate and house of representatives of the United States of America in Congress assembled, that the inhabitants of all that part of the area of the United States now constituting the territories of Dakota, Montana, and Washington, as at present described, may become the states of North Dakota, South Dakota, Montana, and Washington respectively, as hereinafter provided.
Enabling Act §2 | DIVISION OF DAKOTA TERRITORY AND CONVENTION LOCATIONS
Enabling Act §3 | DELEGATE ELECTIONS AND APPORTIONMENT PROCEDURES
Enabling Act §4 | QUALIFICATIONS FOR VOTING AND CONSTITUTIONAL CONVENTIONS
Second. That the people inhabiting said proposed states do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and to all lands lying within said limits owned or held by any Indian or Indian tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United States; that the lands belonging to citizens of the United States residing without the said states shall never be taxed at a higher rate than the lands belonging to residents thereof; that no taxes shall be imposed by the states on lands or property therein belonging to or which may hereafter be purchased by the United States or reserved for its use. But nothing herein, or in the ordinances herein provided for, shall preclude the said states from taxing as other lands are taxed any lands owned or held by any Indian who has severed his tribal relations, and has obtained from the United States or from any person a title thereto by patent or other grant, save and except such lands as have been or may be granted to any Indian or Indians under any act of Congress containing a provision exempting the lands thus granted from taxation; but said ordinances shall provide that all such lands shall be exempt from taxation by said states so long and to such extent as such act of Congress may prescribe.
Third. That the debts and liabilities of said territories shall be assumed and paid by said states, respectively.
Fourth. That provision shall be made for the establishment and maintenance of systems of public schools, which shall be open to all the children of said states, and free from sectarian control.
Indian Lands.
– Federal Jurisdiction and Control.
Since jurisdiction and control of Indian lands remains in the United States under section 4 of the Enabling Act, congress could enact an act making criminal the introduction of intoxicating liquor upon an allotment within the limits of an Indian reservation. United States v. Sutton, 215 U.S. 291, 30 S. Ct. 116, 54 L. Ed. 200 (1909).Lands within South Dakota which were formerly a part of an Indian reservation and not restored to the public domain and open to settlement, but held by an Indian allottee under a trust patent, are Indian lands over which the United States has exclusive jurisdiction. Ex Parte Van Moore, 221 F. 954 (D. S.D. 1915).
Under the Enabling Act and the disclaimer provision in the Constitution of South Dakota, not only lands, but all other property issued by the United States government to Indian allottees for use thereon, remained subject to federal control until Congress relinquished the trust. United States v. Pearson, 231 F. 270 (D.S.D. 1916).
Whether Indian pantentees of land in a reservation, created by Indian treaty, took to high or low watermark of a lake was not a question of state law. Montana Power Co. v. Rochester, 127 F.2d 189 (9th Cir. 1942).
– Jurisdiction of State.
The compact between the United States and North Dakota created by section 4 of the Enabling Act and art. XIII, § 1 of the state Constitution did not reserve to the United States exclusive jurisdiction of civil causes of action not involving lands, between Indians residing on reservations. Vermilion v. Spotted Elk, 85 N.W.2d 432 (N.D. 1957).– Voting Rights of Indians.
It was the duty of county commissioners to establish a voting precinct within or for a territory situated within the county limits and also within the limits of an Indian reservation, where the territory had, under an act of Congress, been allotted to certain Indians and they were living upon the allotments and farming the same. State ex rel. Tompton v. Denoyer, 6 N.D. 586, 72 N.W. 1014 (1897).Schools and School Districts
State Political and Governmental Control.
The state may rightfully exercise political and governmental control over lands formerly within a military reservation and reserved by the United States for Indian school and Indian agency purposes, to the extent of including them within its political subdivisions for political and governmental purposes. La Duke v. Melin, 45 N.D. 349, 177 N.W. 673 (1920).
Unappropriated Public Lands.
Enabling Act §5 | MEETING OF DELEGATES AND FORMATION OF STATE CONSTITUTIONS
Enabling Act §6 | PROVISIONS FOR RELIGIOUS FREEDOM AND PUBLIC LAND MANAGEMENT
Enabling Act §7 | DEBT ASSUMPTION AND PUBLIC EDUCATION REQUIREMENTS
Enabling Act §8 | RATIFICATION PROCESS FOR STATE CONSTITUTIONS
Adoption of Article
An article of the Constitution which received a majority of all the votes cast upon the question of its adoption and upon the question of the adoption of the Constitution was legally adopted though it failed to receive a majority of votes cast for governor. State ex rel. Larabee v. Barnes, 3 N.D. 319, 55 N.W. 883 (1893).Enabling Act §9 | FORMATION AND GOVERNANCE OF NORTH DAKOTA AND SOUTH DAKOTA
Enabling Act §10 | DIVISION OF TERRITORIAL ASSETS AND DEBTS
Bankruptcy Act Proceedings.
The fact that land being sold under contract to a bankrupt farmer was a part of the trust funds created by the Enabling Act did not exclude the land from administration under Bankruptcy Act proceedings. North Dakota v. Hegstad, 134 F.2d 598 (8th Cir. 1943).A bankrupt whose land is sold to the state on foreclosure of a mortgage securing a loan of permanent school funds may redeem by payment of the value of the land as fixed under the provisions of the Federal Bankruptcy Act, even though for less than the amount required for redemption under state law. North Dakota v. Towner County, 142 F.2d 48 (8th Cir. 1944).
Permanent School Fund.
The entire grant of land to the state for educational purposes was in trust and the express terms of the grant required the state as trustee to maintain the permanency of the funds acquired through the grant. The state is limited to the use of the interest from the permanent fund and the interest shall be used only for the support of schools. State ex rel. Bd. Of Univ. & Sch. Lands v. McMillan, 12 N.D. 280, 96 N.W. 310 (1903), distinguished, Lang v. City of Cavalier, 59 N.D. 75, 228 N.W. 819 (1930).The assembly cannot divert nor authorize diversion of any part of the principal or interest or income from the investment of funds under the control of the board of university and school lands arising from the rental or sale of lands granted by the United States to any purposes other than those for which grants were made and any diversion to other purposes or any donation thereof in aid of an individual, by the assembly directly, or by the board of university and school lands by legislative enactment is unconstitutional. State ex rel. Sathre v. Board of Univ. & Sch. Lands, 65 N.D. 687, 262 N.W. 60 (1935).
Enabling Act §11 | PROCEDURES FOR CONSTITUTION REJECTION AND REASSEMBLY
All exchanges heretofore made under section 11 of the Act approved February 22, 1889 (25 Stat. 676), as amended by the Act approved May 7, 1932 (47 Stat. 150), for reserved public lands of the United States that were subject to exchange under law pursuant to which they were being administered and the requirements thereof have been met, are hereby approved to the same extent as though the lands exchanged were unreserved public lands.
The said lands may be leased under such regulations as the legislature may prescribe.
The state may also, upon such terms as it may prescribe, grant such easements or rights in any of the lands granted by this act, as may be acquired in privately owned lands through proceedings in eminent domain: provided, however, that none of such lands, nor any estate or interest therein, shall ever be disposed of except in pursuance of general laws providing for such disposition, nor unless the full market value of the estate or interest disposed of, to be ascertained in such manner as may be provided by law, has been paid or safely secured to the state.
With the exception of the lands granted for public buildings, the proceeds from the sale and other permanent disposition of any of the said lands and from every part thereof, shall constitute permanent funds for the support and maintenance of the public schools and the various state institutions for which the lands have been granted. Rentals on leased land, proceeds from the sale of timber and other crops, interest on deferred payments on land sold, interest on funds arising from these lands, and all other actual income, shall be available for the acquisition and construction of facilities, including the retirement of bonds authorized by law for such purposes, and for the maintenance and support of such schools and institutions. Any state may, however, in its discretion, add a portion of the annual income to the permanent funds. Notwithstanding the foregoing provisions of this section, each of the states of North Dakota, South Dakota, and Washington may pool the moneys received by it from oil and gas and other mineral leasing of said lands. The moneys so pooled shall be apportioned among the public schools and the various state institutions shall receive an amount which bears the same ratio to the total amount apportioned as the number of acres (including any that may have been disposed of) granted for such public schools or for such institutions bears to the total number of acres (including any that may have been disposed of) granted by this act. Not less than fifty per centum of each such amount shall be covered into the appropriate permanent fund.
The lands hereby granted shall not be subject to pre-emption, homestead entry, or any other entry under the land laws of the United States whether surveyed or unsurveyed, but shall be reserved for the purposes for which they have been granted.
History: As amended by Act of August 11, 1921, ch. 61, 42 Stat. 158; Act of May 7, 1932, ch. 172, 47 Stat. 150; Act of June 25, 1938, ch. 700, 52 Stat. 1198; Act of April 13, 1948, ch. 183, 62 Stat. 170; Act of June 28, 1952, ch. 480, 66 Stat. 283; Act of June 30, 1967, Public Law 90-41, 81 Stat. 106; Act of October 16, 1970, Public Law 91-463, 84 Stat. 987.
Condemnation of School Lands.
Where a state statute relating to the condemnation of right of way by the state highway commission contemplates that title to lands shall be acquired, such procedure cannot be resorted to acquire school land granted to the state. State Hwy. Comm'n v. State, 70 N. D. 673, 297 N.W. 194 (1940).Oil and Gas Leases
Under the Enabling Act, as amended, the state has full power to provide for the execution of oil and gas leases on school and university lands. State ex rel. Rausch v. Amerada Petro. Corp., 78 N.D. 247, 49 N.W.2d 14 (1951).Taxation
When a contract for the sale of school land is canceled, the land reverts to the state, and no interest in the land is subject to taxation until a resale or redemption is made. Upon reversion of the land to the state, all unpaid taxes levied thereon are canceled. State v. Towner County, 68 N.D. 629, 283 N.W. 63 (1938).Enabling Act §12 | RESUBMISSION OF SIOUX FALLS CONSTITUTION
Enabling Act §13 | ELECTION PROCEDURES FOR CONSTITUTIONAL RATIFICATION
Enabling Act §14 | CERTIFICATION AND ADMISSION OF STATES INTO THE UNION
Enabling Act §15 | CONGRESSIONAL REPRESENTATION AND TRANSITION OF TERRITORIAL OFFICERS
Enabling Act §16 | LAND GRANTS FOR PUBLIC EDUCATION AND MANAGEMENT GUIDELINES
Enabling Act §17 | BANKRUPTCY IMPLICATIONS FOR STATE-OWNED LANDS
To the state of North Dakota a like quantity of land as is in this section granted to the state of South Dakota, and to be for like purposes, and in like proportion as far as practicable.
To the state of Montana: For the establishment and maintenance of a school of mines, one hundred thousand acres; for state normal schools, one hundred thousand acres; for agricultural colleges, in addition to the grant hereinbefore made for that purpose, fifty thousand acres; for the establishment of a state reform school, fifty thousand acres; for the establishment of a deaf and dumb asylum, fifty thousand acres; for public buildings at the capital of the state, in addition to the grant hereinbefore made for that purpose, one hundred fifty thousand acres.
To the state of Washington: For the establishment and maintenance of a scientific school, one hundred thousand acres; for state normal schools, one hundred thousand acres; for public buildings at the state capital in addition to the grant hereinbefore made for that purpose, one hundred thousand acres; for state, charitable, educational, penal, and reformatory institutions, two hundred thousand acres.
In General.
The power to determine the manner of the use of public lands granted by the Enabling Act is purely legislative and cannot be delegated to a commission. State ex rel. Rusk v. Budge, 14 N.D. 532, 105 N.W. 724 (1905), distinguished, More v. Western Grain Co., 37 N.D. 547, 164 N.W. 294 (1917).Charitable Purposes.
The words "charitable purposes" should be construed in a broad, and not limited meaning, to include acts of public benefaction which are done for public purposes, as well as mere almsgiving or benefaction to the poor, and, as so construed, the section authorizes the maintenance of an institution which shall care for all classes of aged and infirm soldiers, irrespective of their monetary worth. State ex rel. Skeffington v. Seigfried, 40 N.D. 57, 168 N.W. 62 (1918).Governor's Residence.
The erection of a resident for the governor at the capital is within the purposes of the grant of land made by congress to the state for public buildings at the capital under the Enabling Act. State ex rel. Rusk v. Budge, 14 N.D. 532, 105 N.W. 724 (1905), distinguished, More v. Western Grain Co., 37 N.D. 547, 164 N.W. 294 (1917).Limitation on Legislative Disposal of Lands.
The Montana legislature must act in subordination to the state Constitution in executing the authority entrusted to it in section 17 of the Enabling Act. Montana ex rel. Haire v. Rice, 204 U.S. 291, 27 S. Ct. 281, 51 L. Ed. 490 (1907).Enabling Act §18 | SALE AND EXCHANGE REGULATIONS FOR PUBLIC LANDS
Enabling Act §19 | TRUST FUND MANAGEMENT AND DISTRIBUTION PRINCIPLES
Enabling Act §20 | JUDICIAL DISTRICTS AND FEDERAL COURT ASSIGNMENTS
Enabling Act §21 | APPEALS AND WRITS OF ERROR PROCEDURES IN NEW STATES
Enabling Act §22 | LEGAL SUCCESSION OF TERRITORIAL COURTS TO STATE COURTS
Enabling Act §23 | ELECTION OF STATE GOVERNMENT OFFICIALS
Enabling Act §24 | REPEAL OF CONFLICTING ACTS AND LEGISLATIVE ADJUSTMENTS
Enabling Act §25 | REGULATION AND ADMINISTRATION OF NORTH DAKOTA TRUST FUNDS
Enabling Act §26 | PUBLICATION AND ACCESSIBILITY OF THE STATE CONSTITUTION
North Dakota Trust Funds.
(2) deduct the costs of administering a trust fund from each trust fund; and
(3) manage each trust fund to -
(B) maintain stable distributions to trust fund beneficiaries.
(c) MANAGEMENT OF PROCEEDS. - Notwithstanding section 13, the State of North Dakota shall manage the proceeds referred to in that section in accordance with subsections (a) and (b).
(d) MANAGEMENT OF LAND AND PROCEEDS. - Notwithstanding sections 14 and 16, the State of North Dakota shall manage the land granted under that section, including any proceeds from the land, and make distributions in accordance with subsections (a) and (b)."
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