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North Dakota Supreme Court hears arguments on term limits lawsuit

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North Dakota Supreme Court hears arguments on term limits lawsuit


BISMARCK — The North Dakota Supreme Court heard arguments on Thursday, April 2, over a lawsuit challenging voter-approved

term limits for state lawmakers.

The lawsuit, filed in late January, claims the Legislature violated the state constitution when it passed a resolution creating a ballot measure during the 2025 session, just four years after voters approved term limits.

In 2022, North Dakota residents approved capping term limits to eight years in the House and eight years in the Senate. Supporters of the original amendment say it included a clause barring the Legislature from making constitutional changes to term limits.

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“Those term limits may only be altered by a measure proposed by the people rather than the Legislative Assembly. And yet a few years later, the Legislative Assembly is doing what they are prohibited from doing,” said Zachary Wallen, lawyer for the petitioners.

Petitioner’s attorney Zachary Wallen, right, jots down notes for a rebuttal during a North Dakota Supreme Court hearing dealing with a term limits ballot measure on Thursday, April 2, 2026.

Tanner Ecker / The Bismarck Tribune

During the 2025 session, lawmakers narrowly approved an amendment that would allow them to decide in which chamber they want to serve their 16 years. That plan requires voter approval.

“The people are voting on this, they have an opportunity to speak their voice on this,” said Brian Schmidt, lawyer for the North Dakota Legislature.

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North Dakota Legislature attorney Brian Schmidt argues before the state Supreme Court on Thursday, April 2, 2026.

Tanner Ecker / The Bismarck Tribune

Justice Jon Jensen questioned whether a second vote was appropriate. “The public did speak on this. The public spoke on it when it passed the original constitutional amendment and they said ‘Legislature, you don’t even get to propose a change.’ They have already spoken on it. You want a second shot, or a second bite at the apple, not a first one, a second,” Jensen said.

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North Dakota Supreme Court Justice Jon Jensen listens to oral arguments Thursday, April 2, 2026, at the North Dakota Capitol.

Tanner Ecker / The Bismarck Tribune

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A central question is whether the Supreme Court has the authority to issue an opinion in the case before the amendment process is complete.

“This court has said it will not pass (judgment) on the constitutionality of a proposed amendment until that process is complete. The process is not complete yet,” Schmidt said.

The Secretary of State’s office wants the Supreme Court to issue an opinion by the end of June so the office has enough time to prepare for the general election in November.

Grand Forks County Commissioner Terry Bjerke and former Minot Republican Sen. Oley Larsen filed the lawsuit.

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North Dakota Supreme Court Chief Justice Lisa Fair McEvers, left, asks a question during oral arguments Thursday, April 2, 2026, at the North Dakota Capitol. At right is Justice Doug Bahr.

Tanner Ecker / The Bismarck Tribune

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Matt Henson

Matt Henson is an Emmy award-winning reporter/photographer/editor for WDAY. Prior to joining WDAY in 2019, Matt was the main anchor at WDAZ in Grand Forks for four years.





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North Dakota

ND Emergency Services receives wildfire prevention award

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ND Emergency Services receives wildfire prevention award


WASHINGTON — The North Dakota Department of Emergency Services has been recognized for its wildfire prevention efforts with a national Bronze Smokey Bear Award.

“These awardees demonstrate what fire prevention looks like in action,” said U.S. Forest Service Deputy Chief Sarah Fisher. “Their efforts protect lives, support firefighters and make a real difference in communities across the country.”

May is Wildfire Awareness Month, and with North Dakota experiencing another active spring wildfire season, each fire prevented is one that local responders don’t have to put out, underscoring the importance of each individual’s responsibility to work and recreate safely outdoors. The award to the N.D. Department of Emergency Services (NDDES) recognizes its efforts in communicating just that.

The communications team is led by Strategic Communications Chief Alison Vetter and is supported by Autonomous Systems and Communications Specialist Clint Fleckenstein.

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According to information from the Forest Service, the team’s creative products are visually appealing, engaging and effective. The “Learn Before You Burn” tagline urges North Dakotans to visit the interactive N.D. Fire Declarations and Burn Restrictions map to learn their local restrictions, fire danger and red flag warnings before burning or recreating outdoors. Vetter and Fleckenstein consistently take initiative to address fire prevention issues proactively and go above and beyond to become the best possible storytellers of wildfire prevention messaging.

Alison Vetter

Their statewide efforts identify unique and effective avenues to communicate these important public safety topics, addressing top human-caused fire causes like open burning and equipment use through reels, interviews, Gas Station TV, visits with local students, and GoodHealthTV kiosks found in local health units, schools and other public buildings.

During the historic October 2024 wildfires, NDDES mobilized the Joint Information Center, responding to the elevated need for education, prevention and response to determine messaging needs in real time. This included topics like publicizing daily fire danger, sharing resources for affected landowners, advocating for defensible space and safety tips, and messaging ways to minimize fire risk when harvesting, hunting, or enjoying the outdoors. Alison and her team worked over the winter of 2024-2025 to identify prevention efforts and causes, and crafted effective communications strategies to reduce wildfire occurrence, which proved necessary into an active spring 2025 fire season as well. After the devastation of the October 2024 wildfires, they created a documentary to highlight the value and appreciation for those who responded to the call and showcase the unique way North Dakota communities show up for one another in crisis.

The 2026 Smokey Bear Awards will be presented at the National Association of State Foresters’ annual meeting in Lexington, Kentucky, in September.

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Armstrong directs flags at half-staff Thursday in observance of Peace Officers Memorial Day

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Armstrong directs flags at half-staff Thursday in observance of Peace Officers Memorial Day


BISMARCK, N.D. – Gov. Kelly Armstrong has directed all government agencies to fly the United States and North Dakota flags at half-staff on Thursday, May 14, and encourages North Dakotans to do the same at their homes and businesses, in observance of national Peace Officers Memorial Day.

The governor’s directive is in accordance with a proclamation issued by President Donald Trump, who also proclaimed May 10-16 as national Police Week.

Armstrong will join North Dakota Attorney General Drew Wrigley and Supreme Court Chief Justice Lisa Fair McEvers in delivering remarks during a North Dakota Peace Officers Memorial Service at 7 p.m. Thursday in Memorial Hall of the State Capitol. North Dakota’s 69 fallen peace officers will be remembered and honored during the service, and the Capitol windows will be lit to display a “Thin Blue Line” as a mark of respect for all law enforcement officers, past and present.



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Judge Todd Cresap to retire

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Judge Todd Cresap to retire


MINOT, N.D. (KMOT) – Todd Cresap, who has served as a North Dakota district judge since 2009, announced he will retire in July.

Cresap wrote a letter to Gov. Kelly Armstrong, R-ND, he would retire effective July 17.

In the letter, Cresap said he had ‘mixed emotions’ over the decision, calling it an ‘honor’ to serve, but said it was time for someone ‘with a new perspective’ to serve.

A Valley City native, Cresap studied at Minot State University and the University of North Dakota.

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Then-Gov. John Hoeven appointed Cresap to fill a judgeship in the Northwest Judicial District in 2009 that was created by the legislature. He served in that district until 2014, when it was split into Northwest and North Central.

Voters elected Cresap to the bench in 2012, 2016, and 2022. He served as a lawyer in private practice before his appointment as judge.

Armstrong can appoint a replacement to fill Cresap’s remaining term from a nominating committee’s list, ask the committee for new candidates, or call a special election.

The North Central District covers Ward, Mountrail, and Burke Counties.

Copyright 2026 KFYR. All rights reserved.

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