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North Dakota Corporate Dairy and Swine Farming Referendum, Referred Measure 1 (June 2016)

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North Dakota Referred Measure 1
Flag of North Dakota.png
Election date
June 14, 2016
Topic
Food and agriculture
Status
Defeatedd Defeated
Type
Referendum
Origin
Citizens

2016 measures
Seal of North Dakota.png
June 14
Referred Measure 1 Defeatedd
November 8
Constitutional Measure 1 Approveda
Constitutional Measure 2 Approveda
Initiated Constitutional Measure 3 Approveda
Initiated Statutory Measure 4 Approveda
Initiated Statutory Measure 5 Approveda
Polls
Voter guides
Campaign finance
Signature costs

The North Dakota Corporate Dairy and Swine Farming Referendum, also known as Referred Measure 1, was on the June 14, 2016, ballot in North Dakota as a veto referendum. Voters rejected the corporate farming bill, accomplishing the goal of the petitioners responsible for putting this measure on the ballot.

A vote "for" the measure was a vote to uphold Senate Bill 2351, which was designed to allow domestic corporations and limited liability companies to own and operate dairy farms and swine production facilities on no more than 640 acres of land.
A vote "against" the measure was a vote to repeal Senate Bill 2351.

SB 2351 was also designed to require the agriculture commissioner to ensure compliance with the law through reporting and monitoring rules. Under the law, dairy farm operations needed to have at least 50 cows, and swine production facilities needed to have at least 500 swine.[1]

Election results

North Dakota, Referred Measure 1
ResultVotesPercentage
Defeatedd No99,97675.73%
Yes 32,045 24.27%
Election results via North Dakota Secretary of State

Background

Senate Bill 2351 was originally passed by the North Dakota House of Representatives and North Dakota Senate on March 16 and March 19, 2015, respectively, and was signed into law by Gov. Jack Dalrymple on March 20, 2015. The law would lift the anti-corporate farming law approved in the state in 1932. The board of the North Dakota Farmers Union unanimously voted to pursue a referendum on March 27, 2015. SB 2351 was set to go into effect on August 1, 2015, but was delayed until after the vote on the referendum on June 14, 2016.[2][3][4] On June 2, 2016, the North Dakota Farm Bureau filed a lawsuit challenging the same anti-corporate farming law being addressed by the initiative.[5]

Text of measure

Ballot question

The official ballot language reads as follows:[6]

Senate Bill No. 2351, passed by the 2015 Legislative Assembly, would allow the ownership or leasing of up to 640 acres of land for the operation of a dairy farm or swine production facility by a domestic corporation or limited liability company. Senate Bill 2351 would also require the agriculture commissioner to develop reporting and monitoring rules to ensure compliance.
YES - I approve Senate Bill 2351 summarized above.
NO - I reject Senate Bill 2351 summarized above.[7]

Full text

Senate Bill 2351 would add the following section to the North Dakota Century Code:[1]

10-06.1-12.1. Ownership or leasing of land by corporations - Exceptions.
1. This chapter does not apply to the ownership or leasing of land used for the operation of a dairy farm by a domestic corporation or a limited liability company and does not prohibit the operation of a dairy farm by a domestic corporation or a limited liability company, provided:
a. The land owned or leased for the authorized purpose does not exceed six hundred forty acres [258.99 hectares];
b. The dairy farm is operational within three years from the date the land is acquired; and
c. The dairy farm is permitted as an animal feeding operation or as a concentrated animal feeding operation by the state department of health and consists of at least fifty cows.
2. This chapter does not apply to the ownership or leasing of land used for the operation of a swine production facility by a domestic corporation or a limited liability company and does not prohibit the operation of a swine production facility by a domestic corporation or a limited liability company, provided:
a. The land owned or leased for the authorized purpose does not exceed six hundred forty acres [258.99 hectares];
b. The swine production facility is operational within three years from the date the land is acquired; and
c. The swine production facility is permitted as an animal feeding operation or as a concentrated animal feeding operation by the state department of health and consists of at least five hundred swine.
3. The agriculture commissioner shall by rule develop reporting and monitoring requirements to ensure compliance with this section.
4. a. If the agriculture commissioner determines that a domestic corporation or a limited liability company is not operating within the exceptions provided by this section, the commissioner shall notify the secretary of state and the attorney general.
b. A domestic corporation or a limited liability company that is not operating within the exceptions provided by this section is subject to the enforcement provisions of this chapter.[7]

Support for "yes" vote

YesforDairies.jpg

The campaign in support of a "yes" vote was led by the group Yes for Dairies and Pork Products.[4]

Supporters

Arguments

  • Doug Goehring, the state's elected Agriculture Commissioner, pointed out that North Dakota is one of nine states with anti-corporate farming laws and the only one without a livestock exemption. He contended, "My concern is if a legitimate challenger comes along and we lose, then it blows the whole thing wide open."[8]

Campaign advertisements


Ad paid for by Yes for Dairies & Pork Producers.

Opposition to "yes" vote

Opponents of Senate Bill 2351 included the groups and individuals that collected signatures to get Referred Measure 1 placed on the ballot. The 25-person committee that submitted the petition for the measure as chaired by Mark Watne. The North Dakota Farmers Union formed the group North Dakotans for Family Farms to lead efforts to overturn SB 2351 by urging voters to reject Measure 1.[6][11]

NDFU Logo.jpg

Opponents

  • North Dakota Farmers Union (NDFU)[8]
  • Dakota Resource Council (DRC)[12]

Arguments

  • Mark Watne, president of the North Dakota Farmers Union, said, "We believe family farm agriculture is the best tool to feed the world."[8]
  • Perry Ostmo, a farmer from east-central North Dakota, held a sign saying, "North Dakota farmers shouldn’t have to compete with corporate America." He stated, "Right now, the average farmer can’t afford to buy land the way it is, and I think this is going to compound the problem."[8]

Ad paid for by North Dakotans for Family Farms.
  • The North Dakotans for Family Farms website lists the following ways SB 2351 undermines the current family farm law:[13]
  • No tie to the farm or ranch
  • No tie to the community
  • Limitless shareholders
  • Shareholders that are not related
  • Shareholders who are not engaged in the farm or ranch operations[7]

Campaign finance

See also: Campaign finance requirements for North Dakota ballot measures

North Dakotans for Family Farms collected signatures for the referendum and advocated for a no vote on the measure. The committee raised $810,300, with the North Dakota Farmers Union contributing $760,000.[14]

Yes for Dairies and Pork Producers opposed the referendum and advocated for a yes vote on the measure. The committee raised $6,382.62.[15] `

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $6,382.62 $0.00 $6,382.62 $6,166.97 $6,166.97
Oppose $810,300.00 $0.00 $810,300.00 $790,303.46 $790,303.46
Total $816,682.62 $0.00 $816,682.62 $796,470.43 $796,470.43

Support

The following table includes contribution and expenditure totals for the committee(s) supporting the measure.[16]

Committees in support of Measure 1
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Yes for Dairies and Pork Producers $6,382.62 $0.00 $6,382.62 $6,166.97 $6,166.97
Total $6,382.62 $0.00 $6,382.62 $6,166.97 $6,166.97

Donors

The following were the top donors to the support committee(s).[16]

Donor Cash Contributions In-Kind Contributions Total Contributions
Milk Producers Association of North Dakota $5,000.00 $0.00 $5,000.00
Joe Miller $1,232.62 $0.00 $1,232.62

Opposition

The following table includes contribution and expenditure totals for the committee(s) in opposition to the measure.[17]

Committees in opposition to Measure 1
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
North Dakotans for Family Farms $810,300.00 $0.00 $810,300.00 $790,303.46 $790,303.46
Total $810,300.00 $0.00 $810,300.00 $790,303.46 $790,303.46

Donors

The top donors to the opposition committee(s) were as follows:[17]

Donor Cash Contributions In-Kind Contributions Total Contributions
North Dakota Farmers Union $760,000.00 $0.00 $760,000.00
Farmers Union Enterprises $50,000.00 $0.00 $50,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

Other opinions

  • In reference to the original legislation, SB 2351, the Bismarck Tribune said the following:[18]
Farming and ranching in the state, in our opinion, is best left to those calling North Dakota home. Agriculture significantly impacts virtually every segment of our economy, from small towns to our larger cities. It’s important to keep as many dollars in the state as possible, and protect the tradition of the family farm. The Bismarck Tribune editorial board supports a no vote on SB2351.[7]
  • In reference to the effort for a referendum petition drive, however, the Bismarck Tribune said the following:[19]
We think a referral attempt would be a bad move...Those unhappy with new corporate farming legislation in the state, would be wise to proceed with caution. Corporate farming law in North Dakota, in its entirety, could be at risk otherwise.[7]

Path to the ballot

See also: Laws governing the initiative process in North Dakota

Opponents of Senate Bill 2351 needed to collect 13,452 signatures by June 18, 2015, to get a referendum placed on the June 2016 ballot. North Dakota Farmers Union President Mark Watne, whose group supported the referendum effort, said, "I think that will be achievable fairly easily."[8][20]

Supporters submitted signatures for the referendum on June 16, 2015. The measure was certified for the ballot on July 21, 2015.[21][22]

Cost of signature collection:
Ballotpedia found no petition companies that received payment from the sponsors of this measure, which means signatures were likely gathered largely by volunteers. A total of $0 was spent to collect the 13,452 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $0.[23]

State profile

Demographic data for North Dakota
 North DakotaU.S.
Total population:756,835316,515,021
Land area (sq mi):69,0013,531,905
Race and ethnicity**
White:88.7%73.6%
Black/African American:1.6%12.6%
Asian:1.2%5.1%
Native American:5.3%0.8%
Pacific Islander:0%0.2%
Two or more:2.2%3%
Hispanic/Latino:2.9%17.1%
Education
High school graduation rate:91.7%86.7%
College graduation rate:27.7%29.8%
Income
Median household income:$57,181$53,889
Persons below poverty level:12.2%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in North Dakota.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in North Dakota

North Dakota voted Republican in all seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, four are located in North Dakota, accounting for 1.94 percent of the total pivot counties.[24]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. North Dakota had three Retained Pivot Counties, 1.66 percent of all Retained Pivot Counties.

More North Dakota coverage on Ballotpedia

Related measures:

Related measures

Food and agriculture measures on the ballot in 2016
StateMeasures
MassachusettsMassachusetts Minimum Size Requirements for Farm Animal Containment, Question 3 Approveda


Recent news:

Recent news

The link below is to the most recent stories in a Google news search for the terms North Dakota Referred Measure 1 2016 corporate farming. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

External links

Support

Opposition

Footnotes

  1. 1.0 1.1 North Dakota Legislature, "Senate Bill No. 2351," accessed April 1, 2015
  2. North Dakota Legislature, "Bill Actions for SB 2351," accessed April 5, 2016
  3. 3.0 3.1 Prairie Business Magazine, "ND Farmers Union plans referendum on corporate farming," March 30, 2015
  4. 4.0 4.1 4.2 Inforum, "ND voters to decide fate of corporate ownership of dairy, swine operations," July 21, 2015
  5. Valley News Live, "N.D. Farm Bureau suing over corporate farming law," June 2, 2016
  6. 6.0 6.1 North Dakota Secretary of State, "Referred Measure No. 1," accessed February 15, 2016
  7. 7.0 7.1 7.2 7.3 7.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  8. 8.0 8.1 8.2 8.3 8.4 8.5 Grand Forks Herald, "North Dakota Farmers Union rallies in support of family farms," March 27, 2015
  9. Ag Week, "OPINION: Family farms could be helped, not threatened, by legislation," May 23, 2016
  10. WDAZ, "Corporate Farming- Knowing the Facts," May 13, 2016
  11. North Dakotans for Family Farms, "About Us," accessed April 5, 2016
  12. Dakota Research Council, "Dakota Resource Council Applauds Citizen-Driven Effort to Bring North Dakota Corporate Farming Law Exemptions to Statewide Vote in 2016," June 16, 2015
  13. North Dakotans for Family Farms, "The Issue," accessed April 5, 2016
  14. North Dakota Secretary of State, "North Dakotans for Family Farms," accessed March 6, 2025
  15. North Dakota Secretary of State, "Yes for Dairies and Pork Producers," accessed March 6, 2025
  16. 16.0 16.1 Cite error: Invalid <ref> tag; no text was provided for refs named sup
  17. 17.0 17.1 Cite error: Invalid <ref> tag; no text was provided for refs named opp
  18. Bismarck Tribune, "In N.D., keep agriculture in the family," March 6, 2015
  19. Bismarck Tribune, "Referral attempt not a good idea," March 26, 2015
  20. Houston Chronicle, "Ag group confident farming exemptions will go to voters," May 14, 2015
  21. The Forum of Fargo‑Moorhead, "N.D. Farmers Union to deliver signatures for anti-corporate farming law referendum," June 15, 2015
  22. Beaumont Enterprise, "ND anti-corporate farming law petition signatures verified," July 21, 2015
  23. North Dakota Secretary of State, "Corporate Farming Referendum Sponsoring Committee," accessed October 3, 2016
  24. The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.