North Dakota Constitutional Measure 1, Board of Higher Education Membership Amendment (2020)

North Dakota Board of Higher Education Membership Amendment
Election date November 3, 2020
Topic Education
Status d Defeated
Type Constitutional amendment	Origin State legislature

The North Dakota Board of Higher Education Membership Amendment was on the ballot in North Dakota as a legislatively referred constitutional amendment on November 3, 2020. It was defeated.

A "yes" vote supported the amendment to increase the membership of the Board of Higher Education from eight to 15; increase term length from four years to six years; and prohibit state employees, officials, legislators, from being members.

A "no" vote opposed the amendment, thus keeping the membership of the Board of Higher Education at eight members with term limits of four years and allowing members to be state officials, legislators, or state employees.

Election results

North Dakota Constitutional Measure 1
Result		Votes	Percentage
Yes		91,706	27.48%
No		242,004	72.52%

Results are officially certified.

Source

Overview

What is the State Board of Higher Education?

See also: Background

The North Dakota State Board of Higher Education (SBHE) governs the North Dakota University System (NDUS). The NDUS is composed of 11 institutions— two research universities, four regional universities, and five community colleges. The SBHE was created through an initiated constitutional amendment circulated by the North Central Association of Colleges and Secondary Schools alumni association. The amendment was approved by voters in 1938.

As of 2020, the SBHE was composed of seven citizen members who are appointed by the governor (subject to Senate confirmation) to four-year terms and one student appointed by the governor (not subject to Senate confirmation) to serve a one-year term. Non-voting members of the board include one faculty advisor selected by the Council of College Faculties and one non-voting staff advisor selected by the NDUS Staff Senate.

What would this amendment have changed?

See also Text of measure

This measure would have amended the state constitution to do the following:

• increased the number of members on the state's board of higher education from eight to 15;
• increased the length of board member terms from four years to six years;
• required the board to have at minimum one meeting per year with the directors of each of the education institutions overseen by the board;
• excluded any state officials, legislators, and employees of the state from serving on the board; and
• prohibited employees of an institution under control of the board from being members of the board for two years following the termination of such employment.

Under the measure, the student member of the board would have been appointed by the governor from a list of names recommended by the executive board of the North Dakota Student Association. The student member could not have served more than two consecutive terms.

The measure would have taken effect on June 30, 2021.

Text of measure

Ballot language

The ballot language for Measure 1 is below:

“

This constitutional measure would amend and reenact subsections 2 and 6 of section 6 of Article VIII of the North Dakota Constitution relating to the state board of higher education. The proposed amendments to subsection 2 would increase the number of board members from eight to fifteen; prohibit state legislators, elected state officials, state employees, and individuals employed full time by any institution under the board’s control from serving on the board; increase the term of appointment of board members from four to six years with the option for reappointment to a nonconsecutive second term; and replace the chief justice of supreme court on the board nominating committee with the secretary of state. The proposed amendments to subsection 6 would require the board to meet at least annually with the head of each institution under its control. The estimated fiscal impact of this measure is $147,000 per biennium. [] Yes - Means you approve the measure as summarized above. [] No - Means you reject the measure as summarized above.

”

Constitutional changes

See also: Article VIII, North Dakota Constitution

The measure would have amended section six of Article VIII of the state constitution.

The following underlined text would have been added, and struck-through text would have been deleted:

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

Subsection 2 of section 6 of article VIII of the Constitution of North Dakota is amended and reenacted as follows:

2. a. The state board of higher education consists of eight fifteen members. The governor shall appoint seven fourteen members who are qualified electors and taxpayers of the state, and who have resided in this state for not less than five years immediately preceding their appointments. These seven fourteen appointments are subject to confirmation by the senate. The governor shall appoint as the eighth fifteenth member of the board a full-time resident student in good academic standing at an institution under the jurisdiction of the state board.

b. An individual serving as a member of the legislative assembly or in an elected statewide office may not serve as a member of the state board of higher education.

c. Except for the student member,no:

(1) No more than two persons holding a bachelor's degree from a particular institution under the jurisdiction of the state board of higher education may serve on the board at any one time. Except for the student member, no ;and

(2) A person employed by the state, including a person employed full time by any institution under the control of the board shall may not serve as a member of the board and no. An employee of any such an institution may be under the control of the board is not eligible for membership on the state board of higher education for a period of two years following the termination of employment.

d. The governor shall nominate from a list of three names for each position, selected by action of four of the following five persons: the president of the North Dakota education association united or its successor organization, the chief justice of the supreme court secretary of state, the superintendent of public instruction, the president pro tempore of the senate, and the speaker of the house of representatives and, with the consent of a majority of the members-elect of the senate, shall appoint from the list to the state board of higher education seven fourteen members. The governor shall ensure that the board membership is maintained in a balanced and representative manner. The Other than the student member, the term of office of members appointed to fill vacancies at the expiration of said the terms shall be for four is six years, and in the case of vacancies otherwise arising, appointments shall must be made only for the balance of the term of the members whose places are to be filled. A member may not be appointed to serve for more than two full terms; however, the terms may not be served consecutively. If a member is appointed to fill a vacancy and serves two three or more years of that term, the member is deemed to have served one full term.

b. In the event

e. On or before July first of each year, the governor shall appoint a student member from a list of names recommended by the executive board of the North Dakota student association for a term of one year, beginning on July first. A student member may not serve more than two consecutive terms.

f. If any nomination made by the governor is not consented to and confirmed by the senate, the governor again shall again nominate a candidate selected from a new list. The nomination shall must be submitted to the senate for confirmation and the proceedings shall must continue until an appointee has been confirmed by the senate or the session of the legislature legislative assembly has adjourned.

c.g. If a term expires or a vacancy occurs when the legislature legislative assembly is not in session, the governor may appoint from a list selected as provided, a member who shall serve until the opening of the next session of the legislature legislative assembly, at which time the appointment must be certified to the senate for confirmation. If the appointee is not confirmed by the thirtieth legislative day of the session, the office shall beis deemed vacant and the governor shall nominate another candidate for the office. The same proceedings shall must be followed as are set forth in this section. If the legislature legislative assembly is in session at any time within six months prior to the date of the expiration of the term of any member, the governor shall nominate a successor from a list selected as above set forth, within the first thirty days of the session and upon confirmation by the senate the successor shall take office at the expiration of the incumbent's term. No person who has been nominated and whose nomination the senate has failed to confirm is eligible for an interim appointment. On or before July first of each year, beginning in 1995, the governor shall appoint a student member from a list of names recommended by the executive board of the North Dakota student association for a term of one year, beginning on July first. A student member may not serve more than two consecutive terms.

Subsection 6 of section 6 of article VIII of the Constitution of North Dakota is amended and reenacted as follows:

6. a. The state board of higher education shall hold its first meeting at the office of the state board of administration at Bismarck, on the 6th day of July, 1939, and shall organize and elect one of its members as president of such board for a term of one year. It shall also at said meeting, or as soon thereafter as may be practicable, elect a competent person as secretary, who shall reside during his term of office in the city of Bismarck, North Dakota. Said secretary shall hold office at the will of the board. As soon as said board is established and organized, it shall assume all the powers and perform all the duties now conferred by law upon the board of administration in connection with the several institutions hereinbefore mentioned, and the said board of administration shall immediately upon the organization of said state board of higher education, surrender and transfer to said state board of higher education all duties, rights, and powers granted to it under the existing laws of this state concerning the institutions hereinbefore mentioned, together with all property, deeds, records, reports, and appurtenances of every kind belonging or appertaining to said institutions.

b. The said state board of higher education shall have has full authority over the institutions under its control with the right, among its other powers, to prescribe, limit, or modify the courses offered at the several institutions. In furtherance of its powers, the state board of higher education shall have the power to may delegate to its employees details of the administration of the institutions under its control. The said state board of higher education shall have full authority to may organize or reorganize within constitutional and statutory limitations, the work of each institution under its control, and do each and everything necessary and proper for the efficient and economic administration of said state educational the institutions. The board shall meet at least annually with the head of each institution under its control.

c. b. Said The board shall prescribe for all of said institutions standard systems of accounts and records and shall biennially, and within six (6) months immediately preceding the regular session of the legislature legislative assembly, shall make a report to the governor, covering in detail the operations of the educational institutions under its control.

d.c. It shall be the duty of the heads The head of the several state institutions hereinbefore mentioned, to each institution under the board's control shall submit the budget requests request for the biennial appropriations for said institutions the institution to said the state board of higher education; and saidthe state board of higher education shall consider said budgets and shall revise the same and revise each budget as in its judgment shall be for is in the best interests of the educational system of the state; and thereafter the. The state board of higher education shall prepare and present to the state budget board and to the legislature legislative assembly a single unified budget covering the needs of all the institutions under its control. "Said budget shall be prepared and presented by the board of administration until the state board of higher education organizes as provided in subsection 6a." The appropriations for all of said institutions shall must be contained in one legislative measure. The budgets and appropriation measures for the agricultural experiment stations and their the substations and the extension division of the North Dakota state university of agriculture and applied science may be separate from those of state educational institutions.

e. d. The said state board of higher education shall have has the control of the expenditure of the funds belonging to, and allocated to suchinstitutions and also those appropriated by the legislature legislative assembly, for the institutions of higher education in this state; provided, however, that funds appropriated by the legislature legislative assembly and specifically designated for any one or more of such institutions, shall may not be used for any other institution.

Readability score

See also: Ballot measure readability scores, 2020

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The North Dakota Secretary of State wrote the ballot language for this measure. The FKGL for the ballot title is grade level 13, and the FRE is 39. The word count for the ballot title is 142, and the estimated reading time is 37 seconds.

Support

Supporters

Officials

• North Dakota State Senator Brad Bekkedahl (R)
• North Dakota State Senator Joan Heckaman (D)
• North Dakota State Senator Rich Wardner (R)
• North Dakota State Representative Shannon Roers Jones (R)
• North Dakota State Representative Corey Mock
• North Dakota State Representative Mike Nathe (R)

Arguments

• North Dakota State Senator Donald Schaible (R): Schaible said that after hearing testimony from current and former chancellors, current board members, college professors, presidents of the North Dakota Student Association, and the governor, "the resounding message we heard over and over was that the membership [of the board] is too small and they cannot effectively do [their] job."
• North Dakota State Senator Jim Roers (R): "Currently, we basically have one member representing each institution on the board of higher education. What this [amendment] does is puts two members [representing each institution]. We don't feel that that gives enough representation to the institutions to do justice. We feel that today the problem we have is that we have three major objectives in the board of higher education process and none of them are being well represented at that level and therefore that's why we need a new governing structure."

Opposition

Opponents

If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

The Dakota Leadership PAC paid for flyers opposing Measure 1.

Arguments

• Student board member Ashley Zarling: "My biggest concern if the structure changes is in losing that key student voice." Zarling said that expanding the board to 15 members and keeping just one student member would "dilute the student voice."

Campaign finance

See also: Campaign finance requirements for North Dakota ballot measures

Total campaign contributions:
Support:	$0.00
Opposition:	$0.00

Ballotpedia did not identify any committees registered in support of or in opposition to the measure.

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

Background

North Dakota State Board of Higher Education

The North Dakota State Board of Higher Education (SBHE) governs the North Dakota University System (NDUS). The SBHE is composed of seven citizen members who are appointed by the governor to four-year terms and one student appointed by the governor to serve a one-year term. Non-voting members of the board include one faculty advisor selected by the Council of College Faculties and one non-voting staff advisor selected by the NDUS Staff Senate.

In addition to governing the state's 11 educational institutions, the SBHE oversees the NDSU Extension Service and Agricultural Research Stations, Northern Crops Institute, State Forest Service and the Upper Great Plans Transportation Institute.

The SBHE was created through an initiated constitutional amendment circulated by the North Central Association of Colleges and Secondary Schools alumni association. The amendment was approved by voters in 1938. The North Dakota State Historical Society provides the following description of the creation of the board:

“ Prior to 1911 all public colleges and the university were governed by independent boards of trustees whose members were appointed by the Governor. In that year the State Board of Normal School Trustees was created in 1911 to administer the affairs of the state normal schools. The Board consisted of three gubernatorial appointees serving staggered four-year terms and the Superintendent of Public Instruction serving as ex-officio president. Established in 1915 (S. L. 1915, Ch. 237), the State Board of Regents had authority over all state colleges and the university. The State Board of Regents consisted of five members appointed by the Governor for six-year terms. The State Board of Regents was abolished in 1919 and administration of state colleges and the university was transferred to the newly created Board of Administration. The Board of Administration continued to govern state colleges and the university until creation of the State Board of Higher Education in 1939. Controversy surrounding political interference in the administration of the North Dakota Agricultural College and the firing of President John H. Sheppard and seven faculty members in 1937 precipitated the movement to create an independent board to govern state colleges and the university. Fueled by the subsequent withdrawal of the college's accreditation by the North Central Association of Colleges and Secondary Schools in the same year, the alumni association circulated petitions for a constitutional amendment to remove control of the state colleges and the university from the Board of Administration. The amendment was approved by voters in 1938. The new board consisted of seven members, appointed by the Governor for seven-year terms, under procedures designed to carefully remove members as far as possible from political influence. In February 1990 the Board took action creating a one-university system headed by a chancellor who serves as the system’s chief executive officer; presidents of each institution report directly to the chancellor. The State Board of Higher Education consists of seven citizen members, one student member, and one non-voting faculty member. The Governor appoints the voting citizen members to four-year terms. In 1996 voters approved a constitutional amendment reducing terms from seven to four years. These terms require the consent of the majority of the state Senate. The Governor also appoints the voting student member to a one year term from a list of names submitted by the North Dakota Student Association. The Council of College Faculties annually selects the faculty representative to the Board. ”

North Dakota University System

The NDUS is composed of 11 institutions— two research universities, four regional universities, and five community colleges, which are listed below.

Research universities:

• North Dakota State University in Fargo
• University of North Dakota in Grand Forks

Regional universities:

• Dickinson State University in Dickinson
• Mayville State University in Mayville
• Minot State University in Minot
• Valley City State University in Valley City

Community colleges:

• Bismarck State College in Bismarck
• Lake Region State College in Devils Lake
• Dakota College at Bottineau in Bottineau
• North Dakota State College of Science in Wahpeton
• Williston State College in Williston

Education governing systems on the 2020 ballot

Voters in Nevada will decide on an amendment in 2020 that would remove the constitutional status of the Board of Regents—which governs, controls, and manages the state universities in Nevada—thereby allowing the state legislature to review and change the governing organization of state universities.

Referred amendments on the ballot

From 1996 through 2018, the state legislature referred 35 constitutional amendments to the ballot. Voters approved 24 and rejected 11 of the referred amendments. All of the amendments were referred to the ballot during even-numbered election years. The average number of amendments appearing on the ballot was about 3. The approval rate of referred amendments at the ballot box was 68.57% during the 22-year period from 1996 through 2018. The rejection rate was 31.43%. The following table contains data for referred amendments during even-numbered election years from 1996 through 2018:

Legislatively-referred constitutional amendments, 1996-2018
Total number	Approved	Percent approved	Defeated	Percent defeated	Even-year average	Even-year median	Even-year minimum	Even-year maximum
35	24	68.57%	11	31.43%	2.92	2.00	0	8

Path to the ballot

See also: Amending the North Dakota Constitution

To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the North Dakota State Senate and the North Dakota House of Representatives.

This amendment was introduced as Senate Concurrent Resolution 4016 on February 15, 2019. The state Senate approved the amendment in a vote of 29 to 14, with four absent or not voting, on March 7, 2019. The state House passed the measure with amendments on April 2, 2019, in a vote of 50-41. On April 8, 2019, the Senate concurred with the House's amendments, in a vote of 27-17.

Vote in the North Dakota House of Representatives April 2, 2019
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 48  a
	Yes	No	Not voting
Total	50	41	3
Total percent	53.19%	43.62%	3.19%
Democrat	2	13	0
Republican	48	28	3

Vote in the North Dakota State Senate April 8, 2019
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 24  a
	Yes	No	Not voting
Total	27	17	3
Total percent	57.45%	36.17%	6.38%
Democrat	8	1	1
Republican	19	16	2

How to cast a vote

See also: Voting in North Dakota

Click "Show" to learn more about voter registration, identification requirements, and poll times in North Dakota.

How to cast a vote in North Dakota

The information below covers regular voting policies in the state. Information may have not applied to the election on November 3, 2020, because of temporary changes in response to coronavirus. Click here to read about changes made for the 2020 elections. Poll times In North Dakota, voting hours at polling locations vary by county. According to statute, all polls must open between 7:00 a.m. and 9:00 a.m. local time, and they must close between 7:00 p.m. and 9:00 p.m. North Dakota is divided between the Central and Mountain time zones. Hours for specific polling places are available online through the state's Polling Place Search. A voter who is standing in line at the time the polls close will be allowed to vote. Registration requirements Check your voter information here. North Dakota is the only state that does not require voter registration. “ Although North Dakota was one of the first states to adopt voter registration prior to the turn of the century, it abolished it in 1951. It is also worth noting that North Dakota law still provides cities with the ability to register voters for city elections. North Dakota is a rural state and its communities maintain close ties and networks. North Dakota's system of voting, and lack of voter registration, is rooted in its rural character by providing small precincts. Establishing relatively small precincts is intended to ensure that election boards know the voters who come to the polls to vote on Election Day and can easily detect those who should not be voting in the precinct. ” —North Dakota Secretary of State Voter ID requirements North Dakota requires voters to present identification while voting. Identification must include the voter’s name, current North Dakota residential address, and date of birth. Acceptable forms of voter identification include: Driver’s license Nondriver’s identification card Tribal government-issued identification (including those issued by the Bureau of Indian Affairs (BIA) for a tribe located in North Dakota, any other tribal agency or entity, or any other document that sets forth the tribal member’s name, date of birth, and current North Dakota residential address) Long-term care identification certificate (provided by North Dakota facility) If a voter does not have a form of identification that includes his or her current North Dakota residential address or date of birth, the voter can present the following supplemental documents: Current utility bill Current bank statement Check or a document issued by a federal, state, local, or tribal government (including those issued by BIA for a tribe located in North Dakota, any other tribal agency or entity, or any other document that sets forth the tribal member’s name, date of birth, and current North Dakota residential address) Paycheck Student photo ID card from a North Dakota institution containing the student's photograph and legal name. A printed document on school letterhead containing the student’s name, address, and date of birth must also be presented. North Dakota residents living outside of the United States can submit a U.S. Passport or Military ID if they do not have another valid form of identification. According to the secretary of state's office, "An applicant without an acceptable form of identification may use an attester. The attester must provide his or her name, North Dakota driver’s license, nondriver’s, or tribal identification number, and sign the absentee/mail ballot application form to attest to the applicant’s North Dakota residency and voting eligibility." Voters who cast absentee/mail-in ballot must include a valid form of identification with their ballot. A voter who has a disability that prevents them from leaving his or her home and is unable to obtain a valid form of identification "must provide his or her name, North Dakota driver’s license, nondriver’s, or tribal identification number, and sign the absentee/mail ballot application form to attest to the applicant’s North Dakota residency and voting eligibility."

See also

2020 measures

• 2020 ballot measures
• Education on the ballot

North Dakota

• North Dakota ballot measures
• North Dakota ballot measure laws

News and analysis

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

External links

• Senate Concurrent Resolution 4016 full text
• Constitutional Measure 1 ballot language
• North Dakota Secretary of State: November 3, 2020 ballot measure information