North Dakota
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.
“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.
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.
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.
Tanner Ecker / The Bismarck Tribune
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.
Tanner Ecker / The Bismarck Tribune
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.