North Dakota House Concurrent Resolution 3034 (2013)

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North Dakota House Concurrent Resolution 3034 (2013)
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Legislature:North Dakota Legislative Assembly
Text:HCR 3034
Sponsor(s):Listed in article
Legislative History
Introduced:January 15, 2013
State house:March 21, 2013
State senate:April 19, 2013
Governor:Jack Dalrymple
Signed:April 26, 2013
Legal Environment
State law:Laws governing initiatives in North Dakota
Code:North Dakota Constitution: Powers Reserved to the People
Section:Article III, Section 216
Impact on initiative rights
Citizens in Charge Foundation#Legislation ratingsCICF rating:
Reduces Access
Citizens in Charge Foundation#Legislation ratings

North Dakota House Concurrent Resolution 3034 was introduced on January 15, 2013, and signed by governor Jack Dalrymple on April 26, 2013. This measure then had to be presented to the North Dakota voters on June 2014 election ballot. It was approved by voters and takes effect in 2015.

According to the group Citizens in Charge, this bill would impede the initiative process because it would cause initiative backers to lose the ability to gather at the state fair, the big gathering opportunity for petitioners.[1]

Provisions

  • HCR 3034 changes the submission deadline for initiative petitions from 90 to 120 days before the election.
  • HCR 3034 requires that any complaints or proceedings filed against the initiative petition must be filed with the Supreme Court at least 75 days before the election date of the measure.

According to the National Conference of State Legislatures website HCR 3034: "Amends the constitution to change the submission deadline for initiative petitions from 90 to 120 days before the election. [It] Requires that any proceedings brought against any petition upon any ground must be filed with the supreme court no later than seventy-five days before the date of the statewide election at which the measure is to be voted upon."[2][3]

Sponsors

HB 1451 was sponsored by 6 Republican state legislators; four were Representatives and two were Senators.[4]

Representatives

The sponsoring representatives were:[4]

Senators

The sponsoring Senators were:[4]

Full text

Note: Underlined text is proposed for addition while struck through text is proposed for deletion. The full text of the proposed amendment is:

This measure would change the filing deadlines for the submission of initiated measure petitions from ninety days to one hundred twenty days before a statewide election and provide that challenges to decisions of the secretary of state regarding measure petitions must be filed with the supreme court no later than seventy-five days before the election. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF NORTH DAKOTA, THE SENATE

CONCURRING THEREIN: That the following proposed amendment of sections 5, 6, and 7 of article III of the Constitution of North Dakota are agreed to and must be submitted to the qualified electors of North Dakota at the primary election to be held in 2014, in accordance with section 16 of article IV of the Constitution of North Dakota.

SECTION 1. AMENDMENT. Section 5 of article III of the Constitution of North Dakota is amended and reenacted as follows: Section 5. An initiative petition shall be submitted not less than ninetyone hundred twenty 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 2. AMENDMENT. Section 6 of article III of the Constitution of North Dakota is amended and reenacted as follows: Section 6. The secretary of state shall pass upon each petition, and if hethe secretary of state finds it insufficient, hethe secretary of state 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 beare subject to review by the supreme court. But if the sufficiency of suchthe 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 suchthe measure if it is at suchthe 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 beis upon the party attacking it and the proceedings must be filed with the supreme court no later than seventy - five days before the date of the statewide election at which the measure is to be voted upon.

SECTION 3. AMENDMENT. Section 7 of article III of the Constitution of North Dakota is amended and reenacted as follows:

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. A proceeding to review a decision of the secretary of state must be filed with the supreme court no later than seventy-five days before the date of the statewide election at which the measure is to be voted upon. If histhe decision of the secretary of state is being reviewed at the time the ballot is prepared, hethe secretary of state 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 4. EFFECTIVE DATE. If approved by the electors, this measure becomes effective on January 1, 2015.[5][6]

See also

External links

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References