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Prosecutor declines charges on North Dakota term limits measure petitions

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Prosecutor declines charges on North Dakota term limits measure petitions


No felony fees will consequence from petition fraud allegations that surrounded the poll measure North Dakota voters authorized final fall for time period limits on the governor and state lawmakers.

Ward County State’s Legal professional Roza Larson in January informed the state Bureau of Legal Investigation that her workplace “is not going to be pursuing felony fees.”

“There is just too many unanswered questions and inadequate proof to show the offense past an inexpensive doubt,” Larson wrote to BCI Agent Mark Nickel. “Affordable deductions, possible trigger, and appearances should not adequate at trial.”

Legal professional Basic Drew Wrigley launched Larson’s Jan. 6 letter Thursday in response to a request from the Tribune.

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Legal professional Basic Drew Wrigley

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TOM STROMME



Wrigley had referred the petition fraud investigation final yr to Ward County for potential prosecution. Ward County is house to the North Dakota State Honest in Minot, the placement of petition exercise investigators scrutinized.

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Individuals are additionally studying…

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Historical past

Organizers of a proposed measure should collect a sure variety of legitimate signatures to deliver it to a public vote.

Now-retired Secretary of State Al Jaeger in March 2022 referred the time period restrict measure’s petitions to Wrigley after rejecting about 29,000 signatures on account of alleged violations of state regulation, equivalent to probably forgeries, circulators who had been neither North Dakota certified electors nor U.S. residents, and affords or funds of bonuses to circulators, amongst different irregularities.

Jaeger rejecting the signatures initially saved the measure off the poll.

Wrigley referred the case to Ward County in July. The state crime bureau in August searched petition circulator Charles Tuttle’s Minot house, leading to no arrests however yielding 15 time playing cards. 

Larson mentioned the case lacks witnesses with firsthand information to testify to a jury, and “additionally lacking particularly is the WHO.”

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“On this matter it’s unknown, is that if these individuals had been workers of Mr. Tuttle, if he operated a enterprise, and if it was an LLC or different,” she wrote. 

The fraud allegations reached the state Supreme Courtroom in August, when measure backers sued to drive a public vote. The court docket in September ordered the measure be positioned on the poll.

The court docket discovered that Jaeger “misapplied the regulation by excluding signatures on the premise of a dedication {that a} sample of probably notary violations on some petitions permitted his invalidation of all signatures on all petitions that had been sworn earlier than the identical notary,” Justice Jerod Tufte wrote within the unanimous opinion.

The legal professional basic and secretary of state after the ruling maintained that fraud occurred within the circulation of petitions to place the time period limits measure on the poll.

Over 63% of voters in North Dakota’s November 2022 basic election authorized of Measure 1 for the time period limits of eight years every within the Senate and Home of Representatives. The governor can’t be elected to greater than two four-year phrases. The time period limits should not retroactive, which means present service would not rely towards officeholders. The time period limits took impact Jan. 1.

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Time period limits supporter Jared Hendrix, of Fargo.



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Response

Measure Chairman Jared Hendrix informed the Tribune on Thursday that Jaeger and Wrigley “finally pressured a wasteful expenditure of public funds, and compelled our hand right into a protracted, authorized battle.”

“The Supreme Courtroom noticed proper by means of the unconstitutional actions of the secretary’s resolution that violated the rights of North Dakota electors, who had affixed their signatures to the time period limits petitions,” Hendrix mentioned in a textual content message. “We had each motive throughout this course of to consider we had submitted a adequate variety of signatures, and this is only one extra indication of the tried abuse of energy to disclaim the individuals the appropriate to vote on this necessary subject.”

Tuttle mentioned, “I feel the entire thing was fraud on the a part of the secretary of state and legal professional basic.” He known as the allegations premeditated. He additionally mentioned Jaeger “by no means tried to confirm any of the signatures,” and that state officers by no means “anticipated the Supreme Courtroom doing what they did.”

In earlier statements to the Tribune Tuttle denied paying bonuses to circulators, saying “We paid on … an hourly scale. For those who reached a specific amount (of signatures), you bought paid a better hourly price.”



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Charles Tuttle

Charles Tuttle




State regulation prohibits paying or providing to pay circulators “on a foundation associated to the variety of signatures obtained for circulating an initiative, referendum, or recall petition.”

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Wrigley mentioned state’s attorneys are “independently elected by voters of their counties, they usually make the most effective judgment that they’ll based mostly on the proof. It isn’t for me to query the choice of one other independently elected prosecutor official.”

Aftermath

Just one particular person seems to have met any type of a penalty for alleged petition fraud: Zeph Toe, a notary public whose fee Jaeger revoked, citing the discovering of a state district court docket choose that “the quite a few errors contained inside Toe’s notarized petitions present probably fraud.”

North Dakota lawmakers are contemplating crafting new time period limits for themselves and to set the identical for all elected govt department officers, a proposal that will water down what voters handed by vastly extending the years one might function governor or within the Legislature.

A Home panel that superior the proposal Wednesday extensively questioned Hendrix, who appeared in opposition to Home Concurrent Decision 3019, by Rep. Jim Kasper, R-Fargo. 

North Dakota lawmakers consider new term limits, in wake of voter-passed measure

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Notary commission yanked for player in North Dakota term limits measure

Lawmakers grilled Hendrix concerning the time period limits measure’s provisions, marketing campaign funding, spending and relationship to the nationwide group, U.S. Time period Limits, which seeks time period limits on Congress. 

Lawmakers are also eyeing proposals to tighten the method for citizen-initiated measures to amend the state structure.

Constitutional initiatives, such because the one for phrases limits and a 2018 measure that created a state Ethics Fee, have vexed lawmakers.

60% measure

Moreover, Stark County State’s Legal professional Amanda Engelstad in December declined to prosecute alleged petition fraud within the assortment of signatures to position on the poll in 2022 a measure that will have required a 60% majority vote to approve constitutional initiatives and to restrict such measures to at least one topic.

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Engelstad informed the BCI she would not consider the instances “are provable past an inexpensive doubt.” The Tribune requested and acquired her letter from Wrigley on Thursday.

Measure organizers did not problem Jaeger’s findings.

Stacker ranked essentially the most profitable states for politicians in ascending order based mostly on every state’s governor’s wage and state consultant wage, utilizing 2019 knowledge from the Council of State Governments for governor salaries and 2020 knowledge from the Nationwide Convention of State Legislatures for state consultant salaries.


Attain Jack Dura at 701-223-8482 or jack.dura@bismarcktribune.com.

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North Dakota

NDGF taking proactive measures to prevent aquatic nuisance species from spreading

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NDGF taking proactive measures to prevent aquatic nuisance species from spreading


BISMARCK, N.D. (KFYR) – Aquatic nuisance species are nonnative plants, animals and pathogens that can threaten our aquatic resources. The North Dakota Game and Fish Department is taking proactive measures to stop the spread of ANS into our waterbodies by conducting watercraft inspections at popular boat ramps statewide.

“We got watercraft inspectors that are working throughout this summer around the state of North Dakota to check boats, to educate boat owners to do the right things at ramps, make sure boats are all clean, drain, dry before recreating here,” said Ben Holen, NDGF Aquatic Nuisance Species Coordinator.

What can anglers or watercraft recreationists expect when they come to an ANS inspection?

“A watercraft inspector will ask a few questions, only takes a couple minutes, and then they look at the hull of the boat. They’re looking at the engine area, looking at the anchor and also looking at all drain compartments, making sure all water is out of that watercraft. Everything is drained. Everything is cleaned, drained, dry before you get on that water body,” said Holen.

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These watercraft inspections are voluntary and most people are cooperative and thankful the Game and Fish Department is spearheading efforts to stop the spread of ANS.

“We see a lot of our fishermen are really educated about aquatic nuisance species. They’re pulling their plugs every time, removing vegetation, doing the right things. Occasionally there are slip-ups, but that’s why our inspectors are out here making sure that those boats are good to go,” said Holen.

It’s not only fishing boats that are inspected, it’s all watercraft.

“So whether you’re a jet skier, a kayak, a canoer, a wakeboarder, you all play a part in curbing the spread of aquatic nuisance species in North Dakota,” said Holen.

The purpose of these inspections is to educate the public so they can help curb the spread of ANS.

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“We can’t be at every ramp, every single circumstance, so hopefully some of these recreationists can take the tools that they learn from watercraft inspectors and apply them on their own when they’re out there recreating on their own and do a self-inspection,” said Holen.

The Game and Fish Department is committed to safeguarding our natural resources for future generations to enjoy.

“So we really, really like to keep it that way and keep these resources pristine for a long time,” said Holen.

For more information on Aquatic Nuisance Species, visit gf.nd.gov

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North Dakota

How gas prices have changed in North Dakota in the last week – 7/19/2024

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How gas prices have changed in North Dakota in the last week – 7/19/2024


STACKER — The typically busy summer driving season tends to lead to more demand for gasoline and, in turn, higher prices at the pump. But that hasn’t happened this summer, and analysts aren’t sure of the reason.

“[Drivers] appear to be staying off the road, and the recent scorching heat is possibly to blame. Maybe things will pick up soon,” AAA spokesperson Andrew Gross said in a statement Thursday, adding that prices could dip even lower.

Prices are several cents above their levels a month ago, but a gallon of gas is still cheaper than it was this same time last summer. The U.S. has been producing a large amount of gasoline to bolster domestic supply, another factor that can push prices downward. The total amount of gasoline in the U.S. supply is slightly above the five-year average, according to Energy Information Administration data.

Stacker compiled statistics on gas prices in North Dakota. Gas prices are as of July 19.

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North Dakota by the numbers
– Gas current price: $3.39
– Week change: $0.00 (0.0%)
– Year change: -$0.08 (-2.3%)
– Historical expensive gas price: $4.80 (6/15/22)

– Diesel current price: $3.65
– Week change: -$0.01 (-0.2%)
– Year change: -$0.13 (-3.3%)
– Historical expensive diesel price: $5.62 (6/25/22)

Metros with most expensive gas in North Dakota
#1. Minot: $3.48
#2. Bismarck: $3.48
#3. Grand Forks (ND only): $3.27
#4. Fargo-Moorhead (ND only): $3.24

States with the most expensive gas
#1. California: $4.72
#2. Hawaii: $4.70
#3. Washington: $4.27

States with the least expensive gas
#1. Mississippi: $3.00
#2. Louisiana: $3.10
#3. Texas: $3.12

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This article originally appeared on Stacker, and was produced and distributed through a partnership with Stacker Studio. It has been republished pursuant to a CC by NC 4.0 License.



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Why is driving deadlier on North Dakota roads in the summer?

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Why is driving deadlier on North Dakota roads in the summer?


BISMARCK — With serious and fatal crashes consistently rolling in during the 100 deadliest days on the road between Memorial Day and Labor Day, North Dakota safety leaders are cautioning drivers about the “false sense of security” bright summer days can spark.

That sense of safety when the snow clears has earned North Dakota the unfortunate accolade of being named the state with the most reckless drivers by

Travel and Leisure.

While many point to high rates of intoxicated driving, cheap speeding tickets and the state’s rural road networks as reasons for crashes or reckless driving, officials in the state see a clear trend between summer driving conditions and catastrophic collisions.

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During the 100 deadliest days, fatal crashes are twice as likely, according to the North Dakota Department of Transportation’s 2022 Crash Summary

report.

Since the end of May, there have been nearly 50 serious-injury or fatal crashes statewide, according to a Forum analysis of reports from the North Dakota Highway Patrol. Approximately one-third of those crashes were fatal, surpassing last year’s numbers at this point in the year.

Several of those crashes involved motorcyclists not wearing helmets and drivers or passengers not using seat belts.

A recent crash near Jamestown that left two children dead,

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as well as the driver and another child critically injured, has officials emphasizing the risks of summer driving. The mother of the two boys said they were not wearing seat belts at the time of the crash.

Combining risk factors like not using restraints or safety gear with faster summer driving speeds can be a recipe for disaster.

“The clear roads and the good weather conditions often give people a false sense of security. They know that they can travel faster,” said Karin Mongeon, director of NDDOT’s Highway Safety Division.

“Really, the winter weather in North Dakota slows people down,” she said.

Mongeon works closely with Vision Zero, a government initiative created in 2018 aiming to decrease statewide fatalities by preventing reckless driving behaviors.

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Motorists drive through the busy intersection at 13th Ave and 45th Street in Fargo on Friday, July 19, 2024.

Chris Flynn / The Forum

The program prioritizes areas of concern based on statewide data submitted by county law enforcement. Prominent dangerous behaviors include drunken driving, lack of seat belt use and speeding.

Mongeon said that although any number above zero is devastating, there has been a decrease in road-related deaths in North Dakota since the initiative began.

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From 2017 to 2022, fatalities decreased by over 15%, dipping below 100 and the national average for the first time in decades, according to the 2022 NDDOT crash summary. Of the 98 fatalities in 2022, 69% of people were not wearing seat belts, 38% of crashes were alcohol-related, 31% involved speed and or aggressive driving and 48% involved lane departures.

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Driving fatalities skyrocket in the warmer months in North Dakota.

Contributed / North Dakota Department of Transportation

A 2023 report is set to be released in September, which will denote 106 deaths. Despite the spike, Mongeon said she anticipates the downward trend to continue.

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Education and outreach have proven to be vital components of Vision Zero, according to Sgt. Jenna Clawson Huibregtse, the Highway Patrol’s safety and education officer.

Schools can designate themselves as Vision Zero schools, leaving it up to the students to pick their initiative, like distracted driving or wearing seat belts. Coordinators recruit by attending community events and sending representatives to school board meetings.

The Highway Patrol also recently began releasing crash information regularly on social media. Crash reports are also available on

the agency’s website.

“We’ve noticed that if we attach a face and a name and put all of our information in one place, that it is making a difference,” Clawson Huibregtse said.

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“We live in such a great state; there’s responsible people driving every single day making good decisions, but we want people to be aware of the reality of what’s on the road and what our troopers see every day,” she said.

Another Vision Zero approach to safer roads involves physically rebuilding them.

Wider center and shoulder lines, roundabouts in place of intersections and more rumble strips are some projects keeping state engineers like Justin Schlosser busy. Since implementing more roundabouts alone, overall crash numbers have decreased by a

third, according to an NDDOT traffic study published earlier this month.

“If there’s a crash (in a roundabout), you’re going to have some kind of sideswipe or rear-end, which are typically less severe injury crashes than an angle crash, usually the most severe type of crash you can get into,” Schlosser said.

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“There’s just a bigger emphasis on driver safety and making sure that we don’t lose any lives on our roadways, but Vision Zero has definitely put a higher emphasis on that and helped us get in the right direction,” he added.

Clawson Huibregtse pointed to another factor in reckless driving — speeding tickets.

North Dakota has some of the lowest citation fees in the nation, with amounts ranging from $5 to $100, depending on the zone. Offenders traveling 16 to 20 mph above the speed limit, for example, pay $15. Thirty-six to 45 over is a $70 fine and 46 mph-plus results in a $100 fine, as stated in the

Century Code.

“It’s just not a deterrent at all for people to not behave recklessly when they know that there’s really no financial penalty,” Clawson Huibregtse said. “And it shouldn’t come down to that, it should come to the life and limb thing, but it just comes down to people’s pocketbooks sometimes.”

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Increasing citation amounts has been struck down at past legislative sessions. But with more public interest in the issue, Clawson Huibregtse said she wouldn’t be surprised if the topic resurfaces this coming session.

“We hope, the more we work together across agencies, that we’re going to bring that number to zero, or as close as we can to zero,” she said.





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