NORTH DAKOTA

 

CONSTITUTION OF THE STATE OF NORTH DAKOTA

 

 

PREAMBLE

We, the people of North Dakota, grateful to Almighty God for the blessings of civil and

religious liberty, do ordain and establish this constitution.

 

ARTICLE I

DECLARATION OF RIGHTS

Section 1. All individuals are by nature equally free and independent and have certain

inalienable rights, among which are those of enjoying and defending life and liberty; acquiring,

possessing and protecting property and reputation; pursuing and obtaining safety and happiness;

and to keep and bear arms for the defense of their person, family, property, and the state, and for

lawful hunting, recreational, and other lawful purposes, which shall not be infringed.

Section 2. All political power is inherent in the people. Government is instituted for the

protection, security and benefit of the people, and they have a right to alter or reform the same

whenever the public good may require.

Section 3. The free exercise and enjoyment of religious profession and worship, without

discrimination or preference shall be forever guaranteed in this state, and no person shall be

rendered incompetent to be a witness or juror on account of his opinion on matters of religious

belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of

licentiousness, or justify practices inconsistent with the peace or safety of this state.

Section 4. Every man may freely write, speak and publish his opinions on all subjects,

being responsible for the abuse of that privilege. In all civil and criminal trials for libel the truth

may be given in evidence, and shall be a sufficient defense when the matter is published with

good motives and for justifiable ends; and the jury shall have the same power of giving a general

verdict as in other cases; and in all indictments or informations for libels the jury shall have the

right to determine the law and the facts under the direction of the court as in other cases.

Section 5. The citizens have a right, in a peaceable manner, to assemble together for

the common good, and to apply to those invested with the powers of government for the redress

of grievances, or for other proper purposes, by petition, address or remonstrance.

Section 6. Neither slavery nor involuntary servitude, unless for the punishment of crime,

shall ever be tolerated in this state.

Section 7. Every citizen of this state shall be free to obtain employment wherever

possible, and any person, corporation, or agent thereof, maliciously interfering or hindering in any

way, any citizen from obtaining or enjoying employment already obtained, from any other

corporation or person, shall be deemed guilty of a misdemeanor.

Section 8. The right of the people to be secure in their persons, houses, papers and

effects, against unreasonable searches and seizures shall not be violated; and no warrant shall

issue but upon probable cause, supported by oath or affirmation, particularly describing the place

to be searched and the persons and things to be seized.

Section 9. All courts shall be open, and every man for any injury done him in his lands,

goods, person or reputation shall have remedy by due process of law, and right and justice

administered without sale, denial or delay. Suits may be brought against the state in such

manner, in such courts, and in such cases, as the legislative assembly may, by law, direct.

Section 10. Until otherwise provided by law, no person shall, for a felony, be proceeded

against criminally, otherwise than by indictment, except in cases arising in the land or naval

forces, or in the militia when in actual service in time of war or public danger. In all other cases,

offenses shall be prosecuted criminally by indictment or information. The legislative assembly

may change, regulate or abolish the grand jury system.

Section 11. All persons shall be bailable by sufficient sureties, unless for capital offenses

when the proof is evident or the presumption great. Excessive bail shall not be required, nor

excessive fines imposed, nor shall cruel or unusual punishments be inflicted. Witnesses shall

not be unreasonably detained, nor be confined in any room where criminals are actually

imprisoned.

Section 12. In criminal prosecutions in any court whatever, the party accused shall have

the right to a speedy and public trial; to have the process of the court to compel the attendance of

witnesses in his behalf; and to appear and defend in person and with counsel. No person shall

be twice put in jeopardy for the same offense, nor be compelled in any criminal case to be a

witness against himself, nor be deprived of life, liberty or property without due process of law.

Section 13. The right of trial by jury shall be secured to all, and remain inviolate. A

person accused of a crime for which he may be confined for a period of more than one year has

the right of trial by a jury of twelve. The legislative assembly may determine the size of the jury

for all other cases, provided that the jury consists of at least six members. All verdicts must be

unanimous.

Section 14. The privilege of the writ of habeas corpus shall not be suspended unless,

when in case of rebellion or invasion, the public safety may require.

Section 15. No person shall be imprisoned for debt unless upon refusal to deliver up his

estate for the benefit of his creditors, in such manner as shall be prescribed by law; or in cases of

tort; or where there is strong presumption of fraud.

Section 16. Private property shall not be taken or damaged for public use without just

compensation having been first made to, or paid into court for the owner, unless the owner

chooses to accept annual payments as may be provided for by law. No right of way shall be

appropriated to the use of any corporation until full compensation therefor be first made in money

or ascertained and paid into court for the owner, unless the owner chooses annual payments as

may be provided by law, irrespective of any benefit from any improvement proposed by such

corporation. Compensation shall be ascertained by a jury, unless a jury be waived. When the

state or any of its departments, agencies or political subdivisions seeks to acquire right of way, it

may take possession upon making an offer to purchase and by depositing the amount of such

offer with the clerk of the district court of the county wherein the right of way is located. The clerk

shall immediately notify the owner of such deposit. The owner may thereupon appeal to the

court in the manner provided by law, and may have a jury trial, unless a jury be waived, to

determine the damages, which damages the owner may choose to accept in annual payments

as may be provided for by law. Annual payments shall not be subject to escalator clauses but

may be supplemented by interest earned.

Section 17. Treason against the state shall consist only in levying war against it,

adhering to its enemies or giving them aid and comfort. No person shall be convicted of treason

unless on the evidence of two witnesses to the same overt act, or confession in open court.

Section 18. No bill of attainder, ex post facto law, or law impairing the obligations of

contracts shall ever be passed.

Section 19. The military shall be subordinate to the civil power. No standing army shall

be maintained by this state in time of peace, and no soldiers shall, in time of peace, be quartered

in any house without the consent of the owner; nor in time of war, except in the manner

prescribed by law.

Section 20. To guard against transgressions of the high powers which we have

delegated, we declare that everything in this article is excepted out of the general powers of

government and shall forever remain inviolate.

Section 21. No special privileges or immunities shall ever be granted which may not be

altered, revoked or repealed by the legislative assembly; nor shall any citizen or class of citizens

be granted privileges or immunities which upon the same terms shall not be granted to all

citizens.

Section 22. All laws of a general nature shall have a uniform operation.

Section 23. The state of North Dakota is an inseparable part of the American union and

the Constitution of the United States is the supreme law of the land.

Section 24. The provisions of this constitution are mandatory and prohibitory unless, by

express words, they are declared to be otherwise.

 

ARTICLE II

ELECTIVE FRANCHISE

Section 1. The general election of the state shall be held biennially as provided by law.

Every citizen of the United States, who has attained the age of eighteen years and who is

a North Dakota resident, shall be a qualified elector. When an elector moves within the state, he

shall be entitled to vote in the precinct from which he moves until he establishes voting residence

in another precinct. The legislative assembly shall provide by law for the determination of

residence for voting eligibility, other than physical presence. No elector shall lose his residency

for voting eligibility solely by reason of his absence from the state.

The legislative assembly shall provide by law for secrecy in voting, for absentee voting,

for administration of elections and for the nomination of candidates.

Section 2. No person who has been declared mentally incompetent by order of a court

or other authority having jurisdiction, which order has not been rescinded, shall be qualified to

vote. No person convicted of a felony shall be qualified to vote until his or her civil rights are

restored.

 

ARTICLE III

POWERS RESERVED TO THE PEOPLE

Section 1. While the legislative power of this state shall be vested in a legislative

assembly consisting of a senate and a house of representatives, the people reserve the power to

propose and enact laws by the initiative, including the call for a constitutional convention; to

approve or reject legislative Acts, or parts thereof, by the referendum; to propose and adopt

constitutional amendments by the initiative; and to recall certain elected officials. This article is

self-executing and all of its provisions are mandatory. Laws may be enacted to facilitate and

safeguard, but not to hamper, restrict, or impair these powers.

Section 2. A petition to initiate or to refer a measure shall be presented to the secretary

of state for approval as to form. A request for approval shall be presented over the names and

signatures of twenty-five or more electors as sponsors, one of whom shall be designated as

chairman of the sponsoring committee. The secretary of state shall approve the petition for

circulation if it is in proper form and contains the names and addresses of the sponsors and the

full text of the measure.

Section 3. The petition shall be circulated only by electors. They shall swear thereon

that the electors who have signed the petition did so in their presence. Each elector signing a

petition shall also write in the date of signing and his post-office address. No law shall be

enacted limiting the number of copies of a petition. The copies shall become part of the original

petition when filed.

Section 4. The petition may be submitted to the secretary of state if signed by electors

equal in number to two percent of the resident population of the state at the last federal decennial

census.

Section 5. An initiative petition shall be submitted not less than ninety days before the

statewide election at which the measure is to be voted upon. A referendum petition may be

submitted only within ninety days after the filing of the measure with the secretary of state. The

submission of a petition shall suspend the operation of any measure enacted by the legislative

assembly except emergency measures and appropriation measures for the support and

maintenance of state departments and institutions. The submission of a petition against one or

more items or parts of any measure shall not prevent the remainder from going into effect. A

referred measure may be voted upon at a statewide election or at a special election called by the

governor.

Section 6. The secretary of state shall pass upon each petition, and if he finds it

insufficient, he shall notify the "committee for the petitioners" and allow twenty days for correction

or amendment. All decisions of the secretary of state in regard to any such petition shall be

subject to review by the supreme court. But if the sufficiency of such petition is being reviewed at

the time the ballot is prepared, the secretary of state shall place the measure on the ballot and no

subsequent decision shall invalidate such measure if it is at such election approved by a majority

of the votes cast thereon. If proceedings are brought against any petition upon any ground, the

burden of proof shall be upon the party attacking it.

Section 7. All decisions of the secretary of state in the petition process are subject to

review by the supreme court in the exercise of original jurisdiction. If his decision is being

reviewed at the time the ballot is prepared, he shall place the measure on the ballot and no court

action shall invalidate the measure if it is approved at the election by a majority of the votes cast

thereon.

Section 8. If a majority of votes cast upon an initiated or a referred measure are

affirmative, it shall be deemed enacted. An initiated or referred measure which is approved shall

become law thirty days after the election, and a referred measure which is rejected shall be void

immediately. If conflicting measures are approved, the one receiving the highest number of

affirmative votes shall be law. A measure approved by the electors may not be repealed or

amended by the legislative assembly for seven years from its effective date, except by a

two-thirds vote of the members elected to each house.

Section 9. A constitutional amendment may be proposed by initiative petition. If signed

by electors equal in number to four percent of the resident population of the state at the last

federal decennial census, the petition may be submitted to the secretary of state. All other

provisions relating to initiative measures apply hereto.

Section 10. Any elected official of the state, of any county or of any legislative or county

commissioner district shall be subject to recall by petition of electors equal in number to

twenty-five percent of those who voted at the preceding general election for the office of governor

in the state, county, or district in which the official is to be recalled.

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

Section 1. The senate must be composed of not less than forty nor more than fifty-four

members, and the house of representatives must be composed of not less than eighty nor more

than one hundred eight members. These houses are jointly designated as the legislative

assembly of the state of North Dakota.

Section 2. The legislative assembly shall fix the number of senators and representatives

and divide the state into as many senatorial districts of compact and contiguous territory as there

are senators. The districts thus ascertained and determined after the 1990 federal decennial

census shall continue until the adjournment of the first regular session after each federal

decennial census, or until changed by law.

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.

Section 3. The legislative assembly shall establish by law a procedure whereby one-half

of the members of the senate and one-half of the members of the house of representatives, as

nearly as is practicable, are elected biennially.

Section 4. Senators and representatives must be elected for terms of four years.

Section 5. Each person elected to the legislative assembly must be, on the day of the

election, a qualified elector in the district from which the member was chosen and must have

been a resident of the state for one year immediately prior to that election.

Section 6. While serving in the legislative assembly, no member may hold any full-time

appointive state office established by this constitution or designated by law. During the term for

which elected, no member of the legislative assembly may be appointed to any full-time office

which has been created, or to any office for which the compensation has been increased, by the

legislative assembly during that term.

Section 7. The terms of members of the legislative assembly begin on the first day of

December following their election.

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.

Section 8. The house of representatives shall elect one of its members to act as

presiding officer at the beginning of each organizational session.

Section 9. If any person elected to either house of the legislative assembly shall offer or

promise to give his vote or influence, in favor of, or against any measure or proposition pending

or proposed to be introduced into the legislative assembly, in consideration, or upon conditions,

that any other person elected to the same legislative assembly will give, or will promise or assent

to give, his vote or influence in favor of or against any other measure or proposition, pending or

proposed to be introduced into such legislative assembly, the person making such offer or

promise shall be deemed guilty of solicitation of bribery. If any member of the legislative

assembly, shall give his vote or influence for or against any measure or proposition, pending or

proposed to be introduced into such legislative assembly, or offer, promise or assent so to do

upon condition that any other member will give, promise or assent to give his vote or influence in

favor of or against any other such measure or proposition pending or proposed to be introduced

into such legislative assembly, or in consideration that any other member hath given his vote or

influence, for or against any other measure or proposition in such legislative assembly, he shall

be deemed guilty of bribery. And any person, member of the legislative assembly or person

elected thereto, who shall be guilty of either such offenses, shall be expelled, and shall not

thereafter be eligible to the legislative assembly, and, on the conviction thereof in the civil courts,

shall be liable to such further penalty as may be prescribed by law.

Section 10. No member of the legislative assembly, expelled for corruption, and no

person convicted of bribery, perjury or other infamous crime shall be eligible to the legislative

assembly, or to any office in either branch thereof.

Section 11. The legislative assembly may provide by law a procedure to fill vacancies

occurring in either house of the legislative assembly.

Section 12. A majority of the members elected to each house constitutes a quorum. A

smaller number may adjourn from day to day and may compel attendance of absent members in

a manner, and under a penalty, as may be provided by law.

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.

Section 13. Each house shall keep a journal of its proceedings, and a recorded vote on

any question shall be taken at the request of one-sixth of those members present. No bill may

become law except by a recorded vote of a majority of the members elected to each house, and

the lieutenant governor is considered a member-elect of the senate when the lieutenant governor

votes.

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.

Section 14. All sessions of the legislative assembly, including the committee of the

whole and meetings of legislative committees, must be open and public.

Section 15. Members of the legislative assembly are immune from arrest during their

attendance at the sessions, and in going to or returning from the sessions, except in cases of

felony. Members of the legislative assembly may not be questioned in any other place for any

words used in any speech or debate in legislative proceedings.

Section 16. Any amendment to this constitution may be proposed in either house of the

legislative assembly, and if agreed to upon a roll call by a majority of the members elected to

each house, must be submitted to the electors and if a majority of the votes cast thereon are in

the affirmative, the amendment is a part of this constitution.

Sections 17 and 18. Repealed.

Section 19. Renumbered.

Sections 20 to 46. Repealed.

 

ARTICLE V

EXECUTIVE BRANCH

Section 1. The executive power is vested in the governor, who shall reside in the state

capital and shall hold the office for the term of four years beginning in the year 2000, and until a

successor is elected and qualified.

Section 2. The qualified electors of the state at the times and places of choosing

members of the legislative assembly shall choose a governor, lieutenant governor, agriculture

commissioner, attorney general, auditor, insurance commissioner, three public service

commissioners, secretary of state, superintendent of public instruction, tax commissioner, and

treasurer. The legislative assembly may by law provide for a department of labor to be

administered by a public official who may be either elected or appointed.

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.

Section 3. The governor and the lieutenant governor must be elected on a joint ballot.

Each vote cast for a candidate for governor is deemed cast also for the candidate for lieutenant

governor running jointly with the candidate for governor. The joint candidates having the highest

number of votes must be declared elected. If two or more joint candidates have an equal and

highest number of votes for governor and lieutenant governor, the legislative assembly in joint

session at its next regular session shall choose one pair of joint candidates for the offices. The

returns of the election for governor and lieutenant governor must be made in the manner

prescribed by law.

Section 4. To be eligible to hold an elective office established by this article, a person

must be a qualified elector of this state, must be at least twenty-five years of age on the day of

the election, and must have been a resident of this state for the five years preceding election to

office. To be eligible to hold the office of governor or lieutenant governor, a person must be at

least thirty years old on the day of the election. The attorney general must be licensed to

practice law in this state.

Section 5. The qualified electors shall choose the elected state officials at a time

designated by the legislative assembly. The elected state officials shall serve until their

successors are duly qualified. Terms of office of the elected officials except the public service

commissioners are four years, except that in 2004 the agriculture commissioner, attorney

general, secretary of state, and tax commissioner are elected to a term of two years. The terms

of the public service commissioners are six years, so arranged that one of them is elected every

two years. The terms of the governor and lieutenant governor begin on December fifteenth

following their election.

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.

Section 6. The elected state officials and the chief executive officers of the principal

departments shall hold office in the state capital.

Section 7. The governor is the chief executive of the state. The governor shall have the

responsibility to see that the state's business is well administered and that its laws are faithfully

executed.

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.

Section 8. The governor may fill a vacancy in any office by appointment if no other

method is provided by this constitution or by law. If, while the senate is recessed or adjourned, a

vacancy occurs in any office that is filled by appointment with senate confirmation, the governor

shall make a temporary appointment to the office. When the senate reconvenes the governor

shall make a nomination to fill the office. Except on request of the senate, no nominee rejected

by the senate may again be nominated for that office at the same session, nor may the nominee

be appointed to that office during a recess or adjournment of the senate.

Section 9. Every bill passed by the legislative assembly must be presented to the

governor for the governor's signature. If the governor signs the bill, it becomes law.

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.

Section 10. A governor who asks, receives, or agrees to receive any bribe upon any

understanding that the governor's official opinion, judgment, or action shall be influenced thereby,

or who gives or offers, or promises the governor's official influence in consideration that any

member of the legislative assembly shall give the member's official vote or influence on any

particular side of any question or matter upon which the member may be required to act in the

member's official capacity, or who menaces any member by the threatened use of the governor's

veto power, or who offers or promises any member that the governor will appoint any particular

person or persons to any office created or thereafter to be created, in consideration that any

member shall give the member's official vote or influence on any matter pending or thereafter to

be introduced into either house of the legislative assembly, or who threatens any member that

the governor will remove any person or persons from office or position with intent in any manner

to influence the action of that member, must be punished in the manner now, or that may

hereafter be, provided by law, and upon conviction thereof forfeits all right to hold or exercise any

office of trust or honor in this state.

Section 11. The lieutenant governor shall succeed to the office of governor when a

vacancy occurs in the office of governor. If, during a vacancy in the office of governor, the

lieutenant governor is unable to serve because of death, impeachment, resignation, failure to

qualify, removal from office, or disability, the secretary of state shall act as governor until the

vacancy is filled or the disability removed.

Section 12. The lieutenant governor shall serve as president of the senate. If the senate

is equally divided on a question, the lieutenant governor may vote on procedural matters and on

substantive matters if the lieutenant governor's vote would be decisive.

 

ARTICLE VI

JUDICIAL BRANCH

Section 1. The judicial power of the state is vested in a unified judicial system consisting

of a supreme court, a district court, and such other courts as may be provided by law.

Section 2. The supreme court shall be the highest court of the state. It shall have

appellate jurisdiction, and shall also have original jurisdiction with authority to issue, hear, and

determine such original and remedial writs as may be necessary to properly exercise its

jurisdiction. The supreme court shall consist of five justices, one of whom shall be designated

chief justice in the manner provided by law.

Section 3. The supreme court shall have authority to promulgate rules of procedure,

including appellate procedure, to be followed by all the courts of this state; and, unless otherwise

provided by law, to promulgate rules and regulations for the admission to practice, conduct,

disciplining, and disbarment of attorneys at law.

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.

Section 4. A majority of the supreme court shall be necessary to constitute a quorum or

to pronounce a decision, provided that the supreme court shall not declare a legislative

enactment unconstitutional unless at least four of the members of the court so decide.

Section 5. When a judgment or order is reversed, modified, or confirmed by the

supreme court, the reasons shall be concisely stated in writing, signed by the justices concurring,

filed in the office of the clerk of the supreme court, and preserved with a record of the case. Any

justice dissenting may give the reason for his dissent in writing over his signature.

Section 6. Appeals shall be allowed from decisions of lower courts to the supreme court

as may be provided by law.

Section 7. The justices of the supreme court shall be chosen by the electors of the state

for ten-year terms, so arranged that one justice is elected every two years. They shall hold office

until their successors are duly qualified, and shall receive compensation as provided by law, but

the compensation of any justice shall not be diminished during his term of office.

Section 8. The district court shall have original jurisdiction of all causes, except as

otherwise provided by law, and such appellate jurisdiction as may be provided by law or by rule

of the supreme court. The district court shall have authority to issue such writs as are necessary

to the proper exercise of its jurisdiction.

Section 9. The state shall be divided into judicial districts by order of the supreme court.

In each district, one or more judges, as provided by law, shall be chosen by the electors of the

district. The term of office shall be six years, and a district judge shall hold office until his

successor is duly qualified. The compensation of district judges shall be fixed by law, but the

compensation of any district judge shall not be diminished during his term of office.

Section 10. Supreme court justices and district court judges shall be citizens of the

United States and residents of this state, shall be learned in the law, and shall possess any

additional qualifications prescribed by law. Judges of other courts shall be selected for such

terms and shall have such qualifications as may be prescribed by law.

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.

Section 11. When any justice or judge has a conflict of interest in a pending cause or is

unable to sit in court because he is physically or mentally incapacitated, the chief justice, or a

justice acting in his stead, shall assign a judge, or retired justice or judge, to hear the cause.

Section 12. The legislative assembly may provide for the retirement, discipline, and

removal of judges. The removal procedure provided for herein may be used in addition to the

impeachment proceedings provided for in article XI, sections 8, 9, and 10, and removal provided

for in article XI, section 11.

Section 12.1. The legislative assembly may provide for the retirement, discipline and

removal of judges of the supreme court and district court. The removal procedure provided for

herein may be used in addition to the impeachment proceedings provided for in article XI,

sections 8, 9, and 10.

Section 13.

1. A judicial nominating committee must be established by law. The governor shall fill

any vacancy in the office of supreme court justice or district court judge by

appointment from a list of candidates nominated by the committee, unless the

governor calls a special election to fill the vacancy for the remainder of the term.

Except as provided in subsection 2, an appointment must continue until the next

general election, when the office must be filled by election for the remainder of the

term.

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

Section 1. The purpose of this article is to provide for maximum local self-government by

all political subdivisions with a minimum duplication of functions.

Section 2. The legislative assembly shall provide by law for the establishment and the

government of all political subdivisions. Each political subdivision shall have and exercise such

powers as provided by law.

Section 3. The several counties of the state of North Dakota as they now exist are

hereby declared to be counties of the state of North Dakota.

Section 4. The legislative assembly shall provide by law for relocating county seats

within counties, but it shall have no power to remove the county seat of any county.

Section 5. Methods and standards by which all or any portion of a county or counties

may be annexed, merged, consolidated, reclassified, or dissolved shall be as provided by law.

No portion of any county or counties shall be annexed, merged, consolidated, or dissolved unless

a majority of the electors of each affected county voting on the question so approve.

Section 6. The legislative assembly shall provide by law for the establishment and

exercise of home rule in counties and cities. No home rule charter shall become operative in any

county or city until submitted to the electors thereof and approved by a majority of those voting

thereon. In granting home rule powers to cities, the legislative assembly shall not be restricted

by city debt limitations contained in this constitution.

Section 7. The legislative assembly shall also provide by law for optional forms of

government for counties, but no optional form of government shall become operative in any

county until submitted to the electors thereof at a special or general election, and approved by a

majority of those voting thereon.

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.

Section 8. Each county shall provide for law enforcement, administrative and fiscal

services, recording and registration services, educational services, and any other governmental

services or functions as may be provided by law. Any elective office provided for by the counties

shall be for a term of four years. Elective officers shall be elected by the electors in the

jurisdiction in which the elected officer is to serve. A candidate for election must be a resident in

the jurisdiction in which they are to serve at the time of the election. The office of sheriff shall be

elected.

Section 9. Questions of the form of government to be adopted by any county or on the

elimination or reinstatement of elective county offices may be placed upon the ballot by petition

of electors of the county equal in number to twenty-five percent of the votes cast in the county for

the office of governor at the preceding gubernatorial election.

Section 10. Agreements, including those for cooperative or joint administration of any

powers or functions, may be made by any political subdivision with any other political subdivision,

with the state, or with the United States, unless otherwise provided by law or home rule charter.

A political subdivision may by mutual agreement transfer to the county in which it is located any

of its powers or functions as provided by law or home rule charter, and may in like manner

revoke the transfer.

Section 11. The power of the governing board of a city to franchise the construction and

operation of any public utility or similar service within the city shall not be abridged by the

legislative assembly.

 

ARTICLE VIII

EDUCATION

Section 1. A high degree of intelligence, patriotism, integrity and morality on the part of

every voter in a government by the people being necessary in order to insure the continuance of

that government and the prosperity and happiness of the people, the legislative assembly shall

make provision for the establishment and maintenance of a system of public schools which shall

be open to all children of the state of North Dakota and free from sectarian control. This

legislative requirement shall be irrevocable without the consent of the United States and the

people of North Dakota.

Section 2. The legislative assembly shall provide for a uniform system of free public

schools throughout the state, beginning with the primary and extending through all grades up to

and including schools of higher education, except that the legislative assembly may authorize

tuition, fees and service charges to assist in the financing of public schools of higher education.

Section 3. In all schools instruction shall be given as far as practicable in those branches

of knowledge that tend to impress upon the mind the vital importance of truthfulness,

temperance, purity, public spirit, and respect for honest labor of every kind.

Section 4. The legislative assembly shall take such other steps as may be necessary to

prevent illiteracy, secure a reasonable degree of uniformity in course of study, and to promote

industrial, scientific, and agricultural improvements.

Section 5. All colleges, universities, and other educational institutions, for the support of

which lands have been granted to this state, or which are supported by a public tax, shall remain

under the absolute and exclusive control of the state. No money raised for the support of the

public schools of the state shall be appropriated to or used for the support of any sectarian

school.

Section 6.

1. A board of higher education, to be officially known as the state board of higher

education, is hereby created for the control and administration of the following state

educational institutions, to wit:

a. The state university and school of mines, at Grand Forks, with their substations.

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.

2. a. The state board of higher education consists of eight members. The governor

shall appoint seven members who are qualified electors and taxpayers of the

state, and who have resided in this state for not less than five years

immediately preceding their appointments. These seven appointments are

subject to confirmation by the senate.

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