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North Dakota 60% Vote Requirement for Constitutional Amendments Measure (2026)

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North Dakota 60% Vote Requirement for Constitutional Amendments Measure

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Election date

November 3, 2026

Topic
Ballot measure process and Ballot measure supermajority requirements
Status

On the ballot

Type
Legislatively referred constitutional amendment
Origin

State legislature



The North Dakota 60% Vote Requirement for Constitutional Amendments Measure is on the ballot in North Dakota as a legislatively referred constitutional amendment on November 3, 2026.

A "yes" vote supports requiring constitutional amendments initiated by citizens or referred by the state legislature to receive a 60% vote to be adopted.

A "no" vote opposes establishing a 60% supermajority vote requirement to adopt constitutional amendments, thereby leaving in place current requirements that constitutional amendments receive a simple majority vote (50%+1) to be adopted.


Overview

What would the amendment change about constitutional amendments in North Dakota?

See also: Text of measure

Currently, constitutional amendments in North Dakota must be approved by a simple majority (50%+1) of voters. The amendment would require amendments to receive a 60% supermajority vote to be adopted. The supermajority requirement would apply to both constitutional amendments proposed by initiative petition and amendments referred to the ballot by the state legislature.[1]

What have supporters and opponents said about the measure?

See also: Support and Opposition

State Sen. Jeff Barta (R-43) said, “It’s quite likely that we all agree that it should be possible to change our state’s foundational document, however it should be more difficult than it currently is.”[2]

The League of Women Voters of North Dakota testified against the amendment, arguing that “The citizen initiative process is a hallmark of direct democracy. It promotes civic engagement, increases government accountability, and provides a channel for North Dakotans to elevate an issue that might otherwise not be addressed. For example, property taxes became a priority this session due in large part to a citizen initiative in 2024 to address it. There is power in North Dakotans organizing around an issue through the initiative process. … Initiated and referred measures play an important role in supporting citizen participation in the governance of the state. HCR 3003 would limit that role.”[3]

Do other states have supermajority requirements for constitutional amendments?

See also: Supermajority requirements for constitutional amendments

Currently, out of the 49 states where voters decide constitutional amendments (Delaware is the only state where voters do not decide constitutional amendments), 11 states require a supermajority vote or other election vote threshold for constitutional amendments. New Hampshire has the highest vote requirement for constitutional amendments at two-thirds (66.67%). The second-highest vote requirement for constitutional amendments is in Florida, which requires a 60% supermajority. Colorado has a 55% vote requirement to amend the constitution, while in Hawaii, Minnesota, and Wyoming, a majority of the total ballots cast in an election are required, meaning a blank vote has the same effect as a 'no' vote in these three states. The other five states have other requirements, such as requiring a simple majority vote on the ballot measure itself and a certain percentage of voter turnout or ballots cast.

There were 26 ballot measures related to supermajority requirements between 1912 and 2024. Twelve measures were approved, and 14 measures were defeated.

Are similar measures on the ballot in other states in 2026?

The following is a list of state ballot measures related to ballot measure supermajority requirements certified for the ballot in 2026:

Text of measure

Constitutional changes

See also: Article III, North Dakota Constitution and Article IV, North Dakota Constitution

The measure would amend section 9 of Article III and section 16 Article IV of the state constitution. The following struck-through text would be deleted and underlined text would be added:[1]


Note: Hover over the text and scroll to see the full text.

Article III

Section 9. A constitutional amendment may be proposed by initiative petition. If signed by electors equal in number to four percent of the resident population of the state at the last federal decennial census, the petition may be submitted to the secretary of state. If the secretary of state finds the petition is valid, the secretary of state shall place the measure on the ballot. If at least sixty percent of votes cast for a proposed constitutional amendment are affirmative, the measure is deemed enacted. All other provisions relating to initiative measures apply hereto to initiative measures for constitutional amendments.


Article IV

Section 16. Any amendment to this constitution may be proposed in either house of the legislative assembly, and if. If agreed to upon a roll call by a majority of the members elected to each house, the question must be submitted to the electors and if a majority. If at least sixty percent of the votes cast thereon upon the question are in the affirmative, the amendment is a part of this constitution.[4]

Support

Supporters

Officials


Arguments

  • State Sen. Jeff Barta (R-43): "Our Constitution is a much-higher governing authority than a simple law. It both defines the scope of government authority, and, very importantly, the limits on that government authority, so to protect the natural God-given rights of the people."
  • Sen. Steve Vetter (R-18): "Is the will of the people more important than the rights of the minority? Most states that have the initiated process to change the constitution, they have a little more stricter rules."


Opposition

Opponents

Officials

Organizations

  • League of Women Voters of North Dakota
  • North Dakota Watchdog Network
  • Prairie Action ND


Arguments

  • State Sen. Sean Cleary (R-35): "Section three of our North Dakota Constitution is appropriately titled 'Powers reserved to the people,' ... I think the folks who drafted our Constitution were wise to give this tool, that measures can be referred to the voters of North Dakota — the same folks that elected us to serve in this chamber — to decide whether or not the want to amend the Constitution."
  • Amy Jacobson, Executive Director of Prairie Action ND: "HCR 3003 undermines the principle of majority rule, allowing a smaller group to veto initiatives favored by most voters. Meaning if 41% of the voters oppose a measure they would effectively veto the wishes of the other 59% — putting the interest of the few over that of the many. ... North Dakotans have already said no to this kind of measure. HCR 3003 is a solution in search of a problem. It’s clear we don’t need more roadblocks to our democratic process."
  • Dustin Gawrylow, managing director of the North Dakota Watchdog Network: "We hear about how the constitution is sacred. Which parts though? Is it all sacred? Or is it just some of it sacred? If we’re really concerned about the out-of-state money issue, why don’t we do something about it?"


Campaign finance

See also: Campaign finance requirements for North Dakota ballot measures

Ballotpedia did not identify committees registered to support or oppose the ballot measure.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $0.00 $0.00 $0.00 $0.00 $0.00
Oppose $0.00 $0.00 $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00 $0.00 $0.00

Background

Constitutional amendments in North Dakota

Referred amendments

The North Dakota Legislature can refer a constitutional amendment to the ballot by a simple majority vote in each chamber. The legislature only convenes legislative sessions during odd-numbered years.

Between 2014 and 2024, 11 constitutional amendments referred to the ballot by the state legislature were on the ballot. Five were approved and six were defeated, a 45.45% approval rate. Of the five measures that were approved, all but one received greater than 60% of the vote in favor.

Initiated amendments

See also: Signature requirements for ballot measures in North Dakota and Laws governing the initiative process in North Dakota

North Dakota allows residents to initiate legislation as either a state statute or a constitutional amendment. In North Dakota, citizens also have the power to repeal legislation via veto referendum. The completed petition must be submitted at least 120 days prior to the election. Each initiative has its own unique deadline of one year after it was approved to circulate.

Since North Dakota does not have a voter registration system, the number of signatures required is tied to the population reported by the last decennial census. For statutes and veto referendums, the number of signatures required is 2% of the population. For constitutional amendments, it is 4% of the population. The requirement for 2026 is 15,582 signatures for initiated state statutes and veto referendums and 31,164 signatures for initiated constitutional amendments.

In the past five even-year elections between 2014 and 2024, seven initiated constitutional amendments were on the ballot. Six of the measures were approved and one was defeated, an 85.71% approval rate. Of the six approved measures, all but one received greater than 60% of the vote in favor.

Supermajority requirements for constitutional amendments

See also: Supermajority requirement

Voters decide on constitutional amendments in 49 of 50 states. Legislatures are required to seek voter approval to amend their state constitutions. Delaware is the one state where voter approval is not required for state constitutional amendments.

As of 2025, 11 states required a supermajority vote or other election vote threshold for constitutional amendments:

  • New Hampshire had the highest vote requirement at two-thirds (66.67%).
  • Florida had the second-highest vote requirement at 60%.
  • In Colorado, a 55% vote of voters was required to amend the state constitution.
  • In Hawaii, Minnesota, and Wyoming, a majority of the total ballots cast in an election was required, meaning a blank vote has the same effect as a 'no' vote in these three states.
  • The other five states had other requirements, such as requiring a simple majority vote on the ballot measure itself and a certain percentage of voter turnout or ballots cast.

The following map shows the election vote threshold requirements for state constitutional amendments:

Ballot measures related supermajority requirements

Ballotpedia tracked 26 ballot measures related to supermajority requirements between 1912 and 2024. Twelve measures were approved, and 14 measures were defeated.

State Year Measure Type Description Outcome
California 2024 Proposition 5 LRCA Decrease the vote threshold from two-thirds to 55% for local bond measures to fund housing projects and public infrastructure
Defeatedd
Ohio 2023 Issue 1 LRCA Increase to 60% for constitutional amendments
Defeatedd
Arizona 2022 Proposition 132 LRCA Increase to 60% for tax increase-related measures
Approveda
Arkansas 2022 Issue 2 LRCA Increase to 60% for constitutional amendments and citizen-initiated measures
Defeatedd
South Dakota 2022 Amendment C LRCA Increase to 60% for constitutional amendments and citizen-initiated measures
Defeatedd
South Dakota 2018 Amendment X LRCA Increase to 60% for tax increase-related and certain appropriations-related measures
Defeatedd
Colorado 2016 Amendment 71 CICA Increase to 55% for constitutional amendments
Approveda
Arizona 2008 Proposition 105 CICA Change from a simple majority vote to a majority of registered voters for a tax-related initiative
Defeatedd
Washington 2007 HJR 4204 LRCA Decrease from 60% to a simple majority for voters to approve school district property tax measures
Approveda
Florida 2006 Amendment 3 LRCA Increase to 60% for constitutional amendments
Approveda
Arizona 2000 Proposition 102 LRCA Increase to 66.67% for hunting-related measures
Defeatedd
Oregon 1998 Measure 63 CICA Require that a measure proposing a supermajority vote be passed by the same vote threshold
Approveda
Oregon 1996 Measure 46 CICA Change from a simple majority vote to a majority of registered voters for a tax-related measure
Defeatedd
Utah 1998 Proposition 5 LRCA Increase to 66.67% for hunting-related measures
Approveda
Idaho 1980 SJR 112 LRCA Change from majority of total votes cast for governor to a simple majority vote on an initiative
Approveda
Oklahoma 1974 State Question 495 LRCA Change from majority of total ballots cast to a simple majority vote on an initiative
Approveda
Oklahoma 1974 State Question 496 LRCA Change from majority of total ballots cast to a simple majority vote on a constitutional amendment
Approveda
Washington 1972 SJR 5 LRCA Require 60% for ballot measures to establish lotteries
Approveda
Idaho 1934 HJR 7 LRCA Change from majority of total votes cast for governor to a simple majority vote on an initiative
Defeatedd
Oregon 1933 Measure Nos. 308-309 LRCA Require a two-thirds vote of electors for municipal corporations to issue bonds
Defeatedd
Nebraska 1920 Amendment 39 CCR Change from a majority of total ballots cast to a simple majority vote on a constitutional amendment, provided that 35% of those who vote in the election vote on the amendment
Approveda
Arizona 1916 Measure Nos. 100-101 LRCA Change from a simple majority vote on an initiative to a majority of total ballots cast
Defeatedd
California 1915 Proposition 7 LRCA Increase to 66.67% for citizen-initiated bond measures
Defeatedd
Ohio 1912 Amendment CRCA Change from majority of total ballots cast to a simple majority vote on a constitutional amendment
Approveda
Oregon 1912 Measure Nos. 310-311 LRCA Change from a simple majority vote on a constitutional amendment to a majority of total ballots cast
Defeatedd
Oregon 1912 Measure Nos. 322-323 CICA Change from a simple majority vote on an initiative to a majority of total ballots cast
Defeatedd

State ballot measures that failed supermajority requirements

See also: List of state ballot measures that failed supermajority requirements

Since 2000, 30 ballot measures in eight states received more yes votes than no votes but were defeated for not meeting the states' supermajority requirements.

Since 2000, Florida saw the most measures failing supermajority requirements with 13 constitutional amendments defeated despite receiving a majority of the vote in favor. In Florida, constitutional amendments require a 60% vote of approval.

State Colorado Florida Hawaii Illinois New Hampshire Wyoming
Number of measures failing supermajority requirements since 2000 2 13 3 1 4 5

Path to the ballot

Amending the North Dakota Constitution

See also: Amending the North Dakota Constitution

A simple majority vote is required during one legislative session for the North Dakota State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 48 votes in the North Dakota House of Representatives and 24 votes in the North Dakota State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

House Concurrent Resolution 3003 (2025)

The following is the timeline of the constitutional amendment in the state legislature:

  • January 7, 2025: The amendment was introduced in the House and referred to the committee on Government and Veterans Affairs, which voted 9-5 to pass the amendment on to a vote of the full chamber.
  • January 29, 2025: The House of Representatives passed the amendment in a vote of 65-28.
  • February 13, 2025: The amendment was introduced in the Senate committee on State and Local Government.
  • April 4, 2025: The Senate committee on State and Local Government voted 6-0 to pass the amendment on to a vote of the full chamber.
  • April 9, 2025: The Senate passed the amendment by a vote of 33-13.


North Dakota House of Representatives
Voted on January 29, 2025
Votes Required to Pass: 48
YesNoNV
Total65281
Total %69.2%29.8%1.1%
Democratic (D)0110
Republican (R)65171
North Dakota State Senate
Voted on April 9, 2025
Votes Required to Pass: 24
YesNoNV
Total33131
Total %70.2%27.7%2.1%
Democratic (D)140
Republican (R)3291

How to cast a vote

See also: Voting in North Dakota

See below to learn more about current voter registration rules, identification requirements, and poll times in North Dakota.

How to vote in North Dakota


See also

  • Ballot measure lawsuits
  • Ballot measure readability
  • Ballot measure polls

External links

Footnotes