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What's the cost of time off in North Dakota's Legislature? Here's who missed and why

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What's the cost of time off in North Dakota's Legislature? Here's who missed and why


BISMARCK — While one North Dakota lawmaker’s vacation made recent headlines, a deeper look shows that more than half of the state’s legislators have missed time this session — absences for which taxpayers are footing the bill.

Rep. Lori VanWinkle, R-Minot, has been the subject of criticism this week for her

week-long absence to go on a family vacation

during session, but even after missing a week, she does not have the most absences in

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the Legislature.

According to a report from North Dakota’s Legislative Council, 85 of 141 legislators have missed at least one day so far this session. There have been 195 total absences as of April 17, costing North Dakota taxpayers $41,535 in per-diem payments to absent legislators.

Who missed the most days so far and why?

Those who have been absent most often this session say they were not on vacation. They had work, or medical and familial emergencies and obligations — with one exception.

VanWinkle missed seven of the 64 days of session bu April 17, making her the legislator with the third most absences this session.

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Five of those days were taken to go on a family vacation

that House leadership said she did not inform them of beforehand. VanWinkle contested this, saying she did inform leadership.

VanWinkle said that she was singled out for her trip while other legislators did not receive the same level of scrutiny for their absences.

“I would suggest — if we’re really thinking that I have missed some sort of exorbitant number of days compared to everybody else — we should do an audit of absences, and that would probably be very appropriate to find out how atrocious my absences actually are in the greater realm of of everybody else’s,” she said Monday.

Rep. Landon Bahl, R-Grand Forks, has missed the most time of any lawmaker this session, with 10 absent days so far, according to the Legislative Council report on absences.

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He said his absences are largely due to work. Bahl said he believes his district understands because it has a large number of business owners who want a “certain kind of representation.”

Rep. Landon Bahl, R-Grand Forks, speaks with Rep. Kathy Frelich, R-Devils Lake, before a House floor session Thursday, April 17, 2025, at the North Dakota State Capitol in Bismarck.

Tanner Ecker / The Bismarck Tribune

“I’m the vice president and COO of 322 Hospitality Group,” Bahl said. “So most of the time I will go back to Grand Forks to really touch base with leadership because we have eight different entities. … I’m constantly emailing and bouncing back and forth, because that’s my job. This is a part-time citizen Legislature.”

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Bahl is the only representative besides VanWinkle to miss a full week of the session. He said he missed the week to travel to Washington, D.C., to lobby for the rights of fraternities and sororities in his capacity as a board member of the Delta Tau Delta International Fraternity.

“I wasn’t skiing, as much as I love skiing,” Bahl said. “That would have been fun to be skiing, but I was in D.C. However, I will admit, it did feel like kind of a vacation, to be honest.”

Bahl said “99%” of the time he has alerted the House majority leader and the speaker of the House when he will be absent so they can prepare for it, and while he would not retroactively forgo his pay for days he already missed, he “absolutely” would in the future.

He suggested the Legislature look at instituting a rule for next session that lawmakers would not receive pay if they missed a day and were not sick.

Rep. Jayme Davis, D-Rolette, missed the second most time so far this session, with nine days absent.

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She said she missed nearly a week of the session because of her father’s death and had to miss some Fridays to drive back to Rollette to pick up her mother, who has Parkinson’s disease, and drive her back to Bismarck for medical appointments.

A Native American woman with curled, shoulder-length hair sports a white blazer and cloud-shaped, dangling earrings. She looks to the side to talk with others seated in a legislative chamber.

Rep. Jayme Davis, D-Rollette, speaks with Rep. Gretchen Dobervich, D-Fargo, and House Minority Leader Zachary Ista, D-Grand Forks, before a House floor session Thursday, April 17, 2025, at the North Dakota Capitol in Bismarck.

Tanner Ecker / The Bismarck Tribune

She said none of her absences were for a vacation and that she communicated with leadership in advance of her absences.

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“As much as I want a vacation, no,” Davis said. “I’m here to do a job I was elected to do, and so, unless it’s literally life or death, that’s probably the only reason why I would miss.”

She said the legislators were “all adults” and should be able to make their own decisions but added that elected officials should not be paid to be on vacation.

“You have 80 days. We know that,” Davis said. “If you want to go on a vacation, it’s your choice. You’re going to have to answer to your constituents, right? But that’s also not something that our taxpayers should pay for, right?”

Rounding out the top five most absent legislators are Reps. Matthew Ruby, R-Minot, and Alisa Mitskog, D-Wahpeton, who both missed six days of the session to date. Both said they informed leadership ahead of their absences.

Ruby said he had a doctor’s appointment, National Guard duty and a son’s surgery to account for his days off.

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Mitskog said she had never missed this many days of session before and felt bad about it. She missed days to attend some of her husband’s medical appointments in Fargo and Minneapolis. Mitskog said she wanted to be able to ask questions at his appointments. However, she said that her husband had just gotten out of an appointment Wednesday, which she had not joined him for because she felt she had missed too much session time already.

A respiratory infection earlier in the session and taking her mother to a medical appointment in Fargo account for her other absences.

Now deceased Rep. Josh Christy, R-Fargo, had 11 listed absences stemming from his hospitalization before his death on Feb. 18, 2025. His absences were not included in the number of total absences or the total amount of money due to absent legislators in this article.

Can the chambers withhold pay from lawmakers?

There is a question on whether the legislative body can vote not to pay representatives for absences lawmakers feel are inexcusable.

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There is a section of Century Code that says legislators are “entitled” to pay during legislative sessions regardless of their absence. However, there is a rule in both chambers going back before 1957 that states no legislator is entitled to “draw pay while absent more than one day without leave.”

This rule is likely why both chambers vote to excuse the absent members at the end of every day of session, Legislative Council Director John Bjornson said.

“Generally, the statute’s going to override a rule,” he said, but he noted Legislative Council would follow the direction of the presiding officers and majority leaders in each chamber if they asked Legislative Council to withhold pay for a representative.

He said Legislative Council received multiple inquiries Wednesday from legislators about forgoing pay for their absences, but no official requests had been submitted yet.





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North Dakota

North Dakota approves certificate of site compatibility for 400MWh BESS from NextEra Energy Resources

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North Dakota approves certificate of site compatibility for 400MWh BESS from NextEra Energy Resources






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Armstrong opens application period for Governor’s Band/Orchestra and Choral programs

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Armstrong opens application period for Governor’s Band/Orchestra and Choral programs


BISMARCK, N.D. – Gov. Kelly Armstrong today announced the opening of the application period for school, community and church bands, orchestras and choirs across North Dakota to apply to serve as the Governor’s Official State Band/Orchestra Program and Choral Program for the 2026-2027 school year. 

The Governor and First Lady will select the two groups from the applications received based on musical talent, achievement and community involvement. The governor may invite the groups to perform at official state functions held throughout the 2026-2027 school year, including the State of the State Address in January 2027 at the Capitol in Bismarck. 

Interested groups should submit an application with a musical recording to the Governor’s Office by 5 p.m. Monday, May 4. The Governor’s Band/Orchestra Program and Governor’s Choral Program will be announced in May. Please complete the application and provide materials at https://www.governor.nd.gov/governors-chorus-and-bandorchestra-program-application. 



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Greenpeace seeks new trial, claiming jury pool biased in case over Dakota Access Pipeline

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Greenpeace has asked for a second trial after a judge entered a $345 million judgment against the organization in a landmark case brought by the developer of the Dakota Access Pipeline.

The case “threatens to result in one of the largest miscarriages of justice in North Dakota’s history,” attorneys for the environmental group wrote in a brief filed last week.

After a three-week trial roughly a year ago, a Morton County jury directed Greenpeace to pay Energy Transfer about $667 million, finding the environmental group at fault for inciting illegal acts against the company during anti-pipeline protests in North Dakota in 2016 and 2017 and for publishing false statements that harmed Energy Transfer’s reputation.

Greenpeace denies Energy Transfer’s claims and maintains that it brought the lawsuit to hurt the environmental movement.

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Southwest Judicial District Judge James Gion in October slashed the jury’s award to $345 million, though he didn’t finalize the award until late February.

Greenpeace is now taking steps to fight the judgment, which includes its motion for a new trial.

The environmental group’s reasons for the request include claims that the jury instructions and verdict form contained errors, and that Energy Transfer was allowed to present unfair and irrelevant evidence to jurors. The group also alleges the jury pool was biased.

Greenpeace says the jury’s award assumes that Greenpeace was entirely responsible for any injury Energy Transfer sustained related to the protests. Jurors were not given the opportunity to consider whether Greenpeace was only at fault for a portion of the damages, the organization wrote in its brief.

Attorneys for Greenpeace also referenced the mailers and other media circulated to Mandan and Bismarck residents before the trial that contained anti-Dakota Access Pipeline protest and pro-energy industry content.

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The environmental group seeks a new trial in Cass County, arguing in part that the jury pool in the Fargo area would be more fair because its residents did not directly experience the Dakota Access Pipeline protests and because the local economy is less dependent on the energy industry.

If Greenpeace’s request for a new trial is denied, it plans to appeal the case to the North Dakota Supreme Court, the organization has said.

Greenpeace previously asked for the trial to be moved from Morton County to Cass County in early 2025, which Gion and the North Dakota Supreme Court denied.

The lawsuit is against three separate Greenpeace organizations — Greenpeace USA, Greenpeace International and Greenpeace Fund.

Energy Transfer as of Wednesday morning had not submitted a response to Greenpeace’s motion for a new trial. Previously, the company has defended the jury’s verdict and disputed Greenpeace’s claims that the court proceedings were not fair.

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Energy Transfer has indicated it may appeal Gion’s decision to reduce the award to $345 million.

Greenpeace will not have to pay any of the $345 million judgment for at least a couple of months, Gion ruled Tuesday.

Court documents indicate that the organization could have to pay a bond of up to $25 million while appeals proceed, though the environmental group has asked the judge to waive or reduce this amount. Gion has not decided on this motion.

He noted that obtaining such a large bond will be challenging.

“The magnitude of this matter defies simple decisions,” Gion wrote.

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Energy Transfer in court filings urged the judge to require Greenpeace to post the full $25 million.

Any bond money Greenpeace provides would be held by a third party while the appeals proceed, according to Greenpeace USA.

Greenpeace International has filed a separate lawsuit in the Netherlands that accuses Energy Transfer of weaponizing the U.S. legal system against the environmental group. Energy Transfer asked Gion to order that the overseas suit be paused while the North Dakota case is still active, which Gion denied. The company appealed his ruling to the North Dakota Supreme Court, which has yet to make a decision on the matter.



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