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North Dakota Measure 3, Marijuana Legalization and Automatic Expungement Initiative (2018)

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North Dakota Measure 3
Flag of North Dakota.png
Election date
November 6, 2018
Topic
Marijuana
Status
Defeatedd Defeated
Type
State statute
Origin
Citizens


North Dakota Measure 3, the Marijuana Legalization and Automatic Expungement Initiative, was on the ballot in North Dakota as an initiated state statute on November 6, 2018. It was defeated.

A yes vote supported the ballot initiative to legalize the recreational use of marijuana in the state of North Dakota for people 21 years of age or older and create an automatic expungement process for individuals with convictions for a controlled substance that has been legalized.
A no vote opposed the ballot initiative to legalize the recreational use of marijuana in the state of North Dakota for people 21 years of age or older and create an automatic expungement process for individuals with convictions for a controlled substance that has been legalized.


Election results

North Dakota Measure 3

Result Votes Percentage
Yes 132,199 40.55%

Defeated No

193,837 59.45%
Results are officially certified.
Source

Overview

Measure design

Measure 3 was designed to do the following:

  • Legalize the recreational use of marijuana in the state of North Dakota for people 21 years of age or older;
  • Create penalties for the possession or distribution to or by any individuals under 21 years of age;
  • Create an automatic expungement process for individuals with convictions for a controlled substance that has been legalized; and
  • Eliminate the state of North Dakota's immunity from damages resulting from expungement lawsuits.

Support and opposition campaigns

Ballotpedia identified two committees registered in support of the measure: Legalize ND and Legalize North Dakota. Together, the committees raised $88,519.29 and had spent $77,006. The top donors to LegalizeND were the Drug Policy Alliance, which gave $25,000, and Megan Hull, who gave $10,272.[1]

Two committees, North Dakotans Against the Legalization of Recreational Marijuana and Healthy and Productive North Dakota were registered in opposition to the measure. Together, they had raised $343,938 and had spent $254,083. The top donors to the opposition campaign were SAM Action, Inc., which provided $136,078 and the Greater North Dakota Chamber, which gave $64,135.[1]

Campaign finance reports in North Dakota do not distinguish between cash and in-kind contributions, so Ballotpedia is tracking all contributions as cash.

Legal status of marijuana in North Dakota

As of 2018, the possession and use of marijuana for recreational purposes was illegal in North Dakota. Voters approved a ballot initiative, the North Dakota Medical Marijuana Legalization Initiative, also known as Initiated Statutory Measure 5, in 2016 to allow medical marijuana treatment for patients with debilitating medical conditions such as cancer, AIDS, hepatitis C, ALS, glaucoma, and epilepsy. It was approved by a vote of 63.79 percent to 36.21 percent. A similar measure failed to reach the North Dakota ballot in 2012 after thousands of signatures were determined to be fraudulent.[2]

As of 2018, both medical and recreational marijuana were illegal under federal law. However, the Department of Justice (DOJ) under Presidents Trump (R) and Obama (D) had not prosecuted most individuals and businesses following state and local marijuana laws. On January 4, 2018, Attorney General Jeff Sessions (R) rescinded guidelines, known as the Cole Memo, that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized. The DOJ issued the Cole Memo in 2013, following the legalization of marijuana in Colorado and Washington. Sessions' DOJ authorized U.S. Attorneys to decide which marijuana crimes to prosecute and directed them to consider "federal law enforcement priorities, the seriousness of the crime, the deterrent effect of criminal prosecution, and the cumulative impact of particular crimes on [communitites]."[3][4] In April 2018, Colorado Sen. Cory Gardner (R) said President Trump told him that "the Department of Justice's rescission of the Cole memo will not impact Colorado's legal marijuana industry." Gardner also said, "Furthermore, President Trump has assured me that he will support a federalism-based legislative solution to fix this states' rights issue once and for all."[5][6][7]

2018 marijuana legalization initiatives

Michigan Proposal 1 was also on the ballot in Michigan as an indirect initiated state statute on November 6, 2018. The measure was designed to allow adults aged 21 years or older to possess and use marijuana for recreational purposes. Voters approved Michigan Proposal 1. Voters in Oklahoma approved a medical marijuana initiative earlier this year, and voters in Missouri and Utah also decided medical marijuana initiatives in November 2018, with three different competing against eachother on the ballot in Missouri.

Looking for more information about marijuana on the ballot in 2018? Explore other Ballotpedia articles on the subject below.
Marijuana laws in the U.S.
Drug Policy AllianceMarijuana Policy ProjectNORMLSAM Action
Recreational marijuana on the ballot:
Michigan Proposal 1North Dakota Measure 3
Medical marijuana on the ballot:
Missouri Amendment 2Missouri Amendment 3Missouri Proposition COklahoma State Question 788Utah Proposition 2

Measure design

Measure 3 was designed to legalize the recreational use of marijuana in the state of North Dakota for people 21 years of age or older. The measure would have created penalties for the possession or distribution to or by any individuals under 21 years of age. Additionally, the measure would have created an automatic expungement process for individuals with convictions for a controlled substance that has been legalized and eliminated the state of North Dakota's immunity from damages resulting from expungement lawsuits.[8][9]

Legalization of marijuana

The measure would have removed hashish, marijuana, and tetrahydrocannabinol (THC) from the list of schedule 1 controlled substances in North Dakota.[9]

Under the measure, individuals over the age of 21 could not have been prosecuted in any court for charges relating to any non-violent marijuana-related activity except distribution to somone under 21. These activities would have included growing, selling, distributing, and smoking. If a person under the age of 21 was found in possession of marijuana, they would have been subject to the same penalties as if they were a minor in possession of alcohol. Under the measure, if an individual distributes marijuana to people under the age of 21, or is an individual under the age of 21 who attempts to distribute marijuana, they would have been subject the same penalties as though they were convicted of selling alcohol to a minor.[9]

In North Dakota, a person under the age of 21 that purchases or attempts to purchase, consumes or recently consumed, is under the influence of or in possession of alcohol, could be charged with a class B misdemeanor. Penalties include referring the individual to an outpatient addiction facility for counseling or treatment, up to 30 days of jail time, and a fine of $1,500.[10][11]

The measure would have amended the definition of drug paraphernalia in the North Dakota Century Code to mean only paraphernalia for controlled substances that are not marijuana. In other words, equipment for the use, cultivation, ingestion, and storing of marijuana would not have been considered drug paraphernalia under the measure. Individuals over the age of 21 could not have been prosecuted in any court for drug paraphernalia relating to any non-violent marijuana activity.[9]

Expungement of records

The measure would have defined illegitimate drug violation as "Any violation in the state of North Dakota, for a controlled substance that has been legalized or for an activity regarding the substance has been legalized, wherein the person has a record of punitive action by the state whether it be a plea deal or conviction." Under the measure, records would have been expunged and sealed automatically for those who have illegitimate drug convictions. The state would have been responsible for notifying a person of the automatic expungement of their records within 10 days.[9]

For those who are not incarcerated, the expungement process would have needed to begin within 30 days after a law is passed legalizing the substance the person was convicted for. For those who are incarcerated, the expungement process could not have began any sooner than 30 days after their release from prison after a law is passed legalizing the substance or behavior the person was incarcerated for.[9]

Individuals with convictions they believe qualify for expungement may appeal for expungement if their records had not been automatically expunged. Upon receiving an appeal request, the state would have been responsible for setting up a hearing for the individual within 30 days. If the state is ordered to expunge the records in question, the state would have been responsible for paying all legal expenses for both parties.[9]

Under the measure, anyone would have had the right to sue the state for damages if the state fails to properly expunge the records. The measure would have eliminated the state's immunity from damages resulting from expungement lawsuits.[9]

Text of measure

Ballot title

The ballot title for Measure 3 was as follows:[12]

This initiated measure would amend the North Dakota Century Code by removing hashish, marijuana, and tetrahydrocannabinols from the list of schedule I controlled substances in section 19-03.1-05. It would create chapter 66-01, which would define the terms marijuana and marijuana paraphernalia and prohibit prosecution of any person over the age of 21 for any non-violent marijuana related activity (including growing, manufacturing, distributing, selling, or testing marijuana) or drug paraphernalia relating to any nonviolent marijuana activity, except for the sale of marijuana to a person under the age of 21. Any language in the North Dakota Century Code that conflicts with chapter 66-01, including the prohibitions on prosecution, is nullified and repealed. The measure also would add penalties for individuals under the age of twenty-one in possession of, or attempting to distribute, marijuana; and provide penalties for individuals who distribute marijuana to anyone under the age of twenty-one. It would amend the definition of drug paraphernalia in section 19-03.4-01 to apply only to non-marijuana controlled substances. It would amend section 25-03.1-45 to require the automatic expungement of the record of an individual who has a drug conviction for a controlled substance that has been legalized; create an appeals process for an individual who believes the state did not expunge a record properly; and eliminate the state's sovereign immunity for damages resulting from expungement lawsuits.[13]

Full text

To read the full text of the measure, click here.

Readability score

See also: Ballot measure readability scores, 2018
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 21, and the FRE is 5. The word count for the ballot title is 223, and the estimated reading time is 59 seconds.

In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Support

YesonMeasure3LegalizeNDlogo.jpg

Legalize ND led the campaign in support of this measure.[14]

Supporters

  • NORML, the National Organization for the Reform of Marijuana Laws[15]
  • The North Dakota Liberty PAC[16]
  • Rep. Rick Becker (R-7)[16]
  • Tony Gehrig, Fargo city commissioner[16]

Arguments

Legalize ND featured the following arguments on its website:[17]

Unlike legal substances such as prescription opiates, alcohol, Tylenol, and even water, marijuana has never caused a single medically documented overdose death in recorded history. Alcohol causes hundreds of overdose deaths each year, and in 2013 (the latest year for which data is available), the U.S. Centers for Disease Control and Prevention reported 29,001 alcohol-induced deaths. The British government’s official scientific body on drug policy concluded that (legally regulated drugs) alcohol and tobacco are 'significantly more harmful than marijuana.' It’s time to stop penalizing Americans who use the safer substance.[13]

David Owen, chairman of Legalize ND, said criminalizing people for using marijuana is wrong and that "Because of a plant ... they are now barred for the rest of their life from ever really achieving what they could be. And that is the real crime of the war on drugs."[18]

Cole Haymond, an adviser for the Legalize ND campaign, said, "We leave our bill wide open so the legislature can do their job — regulations, taxes, zoning, whatever. This bill is by far the most progressive yet most conservative marijuana legalization bill that will be on any ballot across the country.”[19]

Mason Tvert of the Marijuana Policy Project said, “Grass-roots efforts like the one in North Dakota are inspiring important public dialogue about the benefits of adopting an alternative policy that treats marijuana more like alcohol. It remains to be seen whether it will qualify for the ballot, but there is no doubt it has advanced the conversation and the movement toward ending marijuana prohibition, both in North Dakota and nationwide.”[19]

NORML Executive Director Erik Altieri said, “North Dakota is among the top states in the nation when it comes to per capita marijuana possession arrests, by approving this measure voters can reprioritize limited police resources toward targeting more serious crimes and they can end the practicing of saddling otherwise law-abiding citizens with the stigma of a lifelong criminal record and the lost opportunities that come with it.”[15]

Campaign advertisements

The following video was released by LegalizeND:[20]

Title: "Legalize ND Web Ad 1"

Opposition

Vote No on 3 ND campaign logo

Vote No on 3 ND led the campaign in opposition to Measure 3.[21]

Opponents

Officials

Organizations

  • North Dakota Peace Officers Association
  • Fargo Police Chief David Todd[23]
  • Cass County Sheriff Paul Laney[23]
  • Greater North Dakota Chamber[21]
  • ND Retail Association[21]
  • ND Petroleum Marketers Association[21]
  • ND Petroleum Council[21]
  • ND Motor Carriers Association[21]
  • ND Sheriffs and Deputies Association[21]
  • ND Pharmacy Service Corporation[21]
  • ND Pharmacists Association[21]
  • ND Police Officers Association[21]
  • ND County Commissioners[21]
  • ND Associations of Counties[21]
  • The Harms Group[21]
  • ND Medical Association[21]
  • Smart Approaches to Marijuana[21]
  • Bismarck Mandan Chamber[21]
  • ND Society of Respiratory Care[21]
  • ND Hospitals Association[21]
  • ND Association of City and County Health Officials[21]

Arguments

  • Fargo Police Chief David Todd said, "There is going to be some societal costs to this if it goes into effect, and I'm concerned that people aren't hearing about those society costs." Todd called the measure "a large-scale experiment with public health and safety."[23]
  • The Vote No on 3 ND campaign website featured the following arguments: "Passage of Measure 3 will create BAD LAW in North Dakota, period. The measure is seriously flawed! There are no logical, scientific or philosophical arguments that can justify the passage of a measure that would make North Dakota the most liberal state for the regulation and control of recreational marijuana in the nation with nearly no protections for our citizens and children. We believe this is NOT what North Dakotans want."[21]


Media editorials

See also: 2018 ballot measure media endorsements

Support

Ballotpedia did not identify any media editorials in support of Measure 3. If you are aware of one, please send an email with a link to editor@ballotpedia.org.

Opposition

  • Inforum said: "Measure 3 seeks to legalize recreational marijuana use. It's a dope smoker's pipe dream — and a nightmare for just about everyone else. Measure 3's flaws are hard to catalog fully. If passed, North Dakota would have the nation's most liberal marijuana law. It would create a Wild West for weed: marijuana could be grown anywhere, by anyone. It could be sold anywhere, by anyone. Measure 3 would require the expungement of legal records involving marijuana-related convictions, a labor-intensive effort that would require hiring 124 temporary workers who would have to scramble to scrape 180,000 records within a 30-day deadline, at an estimated cost of $1.1 million. The total cost for state agencies and local governments of legalizing recreational marijuana: $6.6 million. More legal havoc: Any law that conflicts with the measure would be nullified and repealed. Resist your libertarian impulses and vote no on Measure 3."[24]

Campaign finance

See also: Campaign finance requirements for North Dakota ballot measures

Ballotpedia identified two committees registered in support of the measure: Legalize ND and Legalize North Dakota. Together, the committees raised $88,519.29 and had spent $77,006. The top donors to LegalizeND were the Drug Policy Alliance, which gave $25,000, and Megan Hull, who gave $10,272.[1]

Two committees, North Dakotans Against the Legalization of Recreational Marijuana and Healthy and Productive North Dakota were registered in opposition to the measure. Together, they had raised $343,938 and had spent $254,083. The top donors to the opposition campaign were SAM Action, Inc., which provided $136,078 and the Greater North Dakota Chamber, which gave $64,135.[1]

Campaign finance reports in North Dakota do not distinguish between cash and in-kind contributions, so Ballotpedia is tracking all contributions as cash.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $88,519.29 $0.00 $88,519.29 $77,005.69 $77,005.69
Oppose $343,938.11 $0.00 $343,938.11 $254,082.73 $254,082.73
Total $432,457.40 $0.00 $432,457.40 $331,088.42 $331,088.42

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.[1]

Committees in support of Measure 3
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Legalize ND $83,529.29 $0.00 $83,529.29 $67,466.69 $67,466.69
Legalize North Dakota $4,990.00 $0.00 $4,990.00 $9,539.00 $9,539.00
Total $88,519.29 $0.00 $88,519.29 $77,005.69 $77,005.69

Donors

The following were the top donors to the committee.[1]

Donor Cash Contributions In-Kind Contributions Total Contributions
Drug Policy Alliance $25,000.00 $0.00 $25,000.00
Megan Hull $10,272.00 $0.00 $10,272.00
NORML $9,927.50 $0.00 $9,927.50

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the initiative.[1]

Committees in opposition to Measure 3
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
North Dakotans Against the Legalization of Recreational Marijuana $207,860.11 $0.00 $207,860.11 $207,372.32 $207,372.32
Healthy and Productive North Dakota $136,078.00 $0.00 $136,078.00 $46,710.41 $46,710.41
Total $343,938.11 $0.00 $343,938.11 $254,082.73 $254,082.73

Donors

The following were the top donors to the committee.[1]

Methodology

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

Polls

See also: Ballotpedia's approach to covering polls

Below are poll results for the measure:

North Dakota Marijuana Legalization
Poll Support OpposeUndecidedMargin of errorSample size
KFYR, KVLY, and Strategic Research Associates poll
10/12/18 - 10/19/18
26%65%9%+/-3.8650
Kitchens Group poll[25]
10/11/18 - 10/14/18
51%36%13%+/-4.9412
Odney Poll[26]
8/20/18 - 8/22/18
38%56%6%+/-4.9400
Kitchens Group Poll
2/20/18 - 2/22/18
46%39%15%+/-4.2522
AVERAGES 40.25% 49% 10.75% +/-4.45 496
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.


Background

Medical marijuana legalization in North Dakota, 2016

The North Dakota Medical Marijuana Legalization Initiative, also known as Initiated Statutory Measure 5, was on the November 8, 2016, ballot in North Dakota as an initiated state statute. It was approved by a vote of 63.79 percent to 36.21 percent. A similar measure failed to reach the North Dakota ballot in 2012 after thousands of signatures were determined to be fraudulent.[30] Measure 5 was designed to allow medical marijuana treatment for patients with debilitating medical conditions such as cancer, AIDS, hepatitis C, ALS, glaucoma, and epilepsy.

Legalization initiatives in the U.S.

See also: Marijuana on the ballot and History of marijuana ballot measures and laws

California Proposition 19, which would have legalized marijuana, appeared on the ballot in 2010. It was defeated, with 53.5 percent of voters casting "no" votes.[31] U.S. Attorney General Eric Holder came out against Proposition 19, saying President Obama's (D) administration would "vigorously enforce the (Controlled Substances Act) against those individuals and organizations that possess, manufacture or distribute marijuana for recreational use, even if such activities are permitted under state law." Support for the proposition dropped following Holder's statement.[32] Mason Tvert, spokesperson for the Marijuana Policy Project, said the 2010 initiative was defeated because "it was done during a midterm election." He continued, "If it had been done in a presidential election, things might have turned out very differently. We find that the more people who vote, the more who favor ending marijuana prohibition."[33]

In 2012, legalized recreational marijuana advocates saw their first statewide victories in Colorado and Washington. Two years later, voters in Oregon, Alaska, and Washington, D.C. approved marijuana legalization, and President Obama revised his position on recreational marijuana, stating, "We've got bigger fish to fry. It would not make sense for us to see a top priority as going after recreational users in states that have determined that it's legal."[34]

In 2015, voters in Ohio defeated Issue 3, which was designed to legalize the sale and use of marijuana and authorize 10 facilities with exclusive commercial rights to grow marijuana.[35]

Arizona, California, Maine, Massachusetts, and Nevada all had marijuana legalization initiatives on their 2016 general election ballots. The initiatives passed in all of the states but Arizona, where voters rejected the measure 51 to 49 percent.[36]

As of 2018, one state—Vermont—had legalized the recreational use of marijuana through the legislative process and governor's signature. On May 11, 2017, the Vermont State Legislature became the first in the nation to pass a bill to legalize marijuana.[37] However, Gov. Phil Scott (R) vetoed the legislation.[38][39] The Vermont State Legislature approved a second bill to legalize marijuana, and Gov. Scott signed the bill into law on January 22, 2018.[40]

There were 14 states with the initiative process that had not featured initiatives designed to legalize the recreational use of marijuana on their ballots, as of 2018. There were a total of 16 remaining states, including Arizona and Ohio, where citizens could petition for initiatives to legalize marijuana.

The following map depicts the legal status of recreational marijuana in different states:

State political context of legalization initiatives

The following table provides information on the political context of the states that had voted on legalization measures as of 2022.

Click "Show" to expand the table.

Comparison of legalization initiatives

The text of North Dakota Measure 3 does not contain limits on the amount of marijuana a person may possess or describe the taxation of marijuana and revenue from marijuana taxation under the measure. The following table compares a selection of provisions, including possession limits, local control, taxes, and revenue dedications, of ballot initiatives that were designed to legalize marijuana.

Click "Show" to expand the table.

Developments in federal marijuana policy

See also: Federal policy on marijuana, 2017-2018

Although the Department of Justice under Presidents Trump (R) and Obama (D) has not prosecuted most individuals and businesses following state and local marijuana laws as of January 2018, both medical and recreational marijuana are illegal under federal law. In November 2017, Attorney General Jeff Sessions (R)—a Trump nominee—told Congress that the policy of his office would stay fundamentally the same as that of the previous two attorneys general, Eric Holder and Loretta Lynch. On January 4, 2018, however, Sessions rescinded the Cole Memo, a 2013 directive that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized. This allows federal prosecutors to decide whether or not to enforce federal law regarding marijuana.[41][42]

Click here to read more about developments in federal policy on marijuana under the Trump administration.

Path to the ballot

See also: Laws governing the initiative process in North Dakota

In North Dakota, the number of signatures required to get an initiated state statute on the ballot is equal to 2 percent of the population at the last decennial census. For 2018 initiatives, the number of signatures required was 13,452.

To get the initiative certified for the primary election on June 12, 2018, signatures were due on February 12, 2018. Signatures were not submitted by that deadline. To get the initiative certified for the general election on November 6, 2018, signatures were due July 9, 2018.

The secretary of state approved the initiative for signature gathering on December 15, 2017, which means it expires in December 2018.[43]

Campaign spokesman Josh Dryer said the group had gathered 8,000 signatures as of March 28, 2018.[44]

On August 13, 2018, the measure was certified for the ballot. Proponents submitted 17,695 signatures and the secretary of state's office found 14,637 to be valid. A total of 13,452 valid signatures were required to secure a place on the ballot.[45]

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 $0.00 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 $0.00.

Measure 3 full text

The full text of the measure is displayed below. Material to be added is underlined and material to be deleted is struck-through:[9]

How to cast a vote

See also: Voting in North Dakota

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.[46][47]

Registration requirements

Check your voter information here.

North Dakota is the only state that does not require voter registration.[48][49]

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.[48][13]

—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.[50]

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."[50]

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."[50]

See also

External links

Support

Opposition

Submit links to editor@ballotpedia.org.

Additional reading


Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 North Dakota Secretary of State, "Committee Search," accessed November 12, 2018
  2. The Bismarck Tribune, "Medical marijuana petition rejected," October 27, 2015
  3. The Hill, "Read: Attorney General Jeff Sessions' memo changing marijuana policy," January 4, 2018
  4. Politico, "Sessions announces end to policy that allowed legal pot to flourish," January 4, 2018
  5. Los Angeles Times, "Trump administration abandons crackdown on legal marijuana," April 13, 2018
  6. New York Times, "Trump Says He’s Likely to Back Marijuana Bill, in Apparent Break With Sessions," June 8, 2018
  7. Fox News, "Trump signals willingness to back bill easing pot regulation," June 8, 2018
  8. McClatchy, "North Dakota recreational pot petition OK'd for circulation," December 15, 2017
  9. 9.0 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 Secretary of State, "Initiative Petition," accessed December 19, 2017
  10. North Dakota Century Code, "CHAPTER 5-01, Alcoholic Beverages," accessed August 21, 2018
  11. O'Keeffe Attorneys, Different Levels of Misdemeanors in North Dakota: What do They Mean?," accessed August 21, 2018
  12. North Dakota Secretary of State, "Official ballot language for measures appearing on the election ballot," accessed October 14, 2018
  13. 13.0 13.1 13.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  14. WDAZ News, "Commentary: Poll: Plurality of North Dakotans support legalizing recreational marijuana," accessed June 26, 2018
  15. 15.0 15.1 NORML, "NORML Endorses North Dakota Legalization Ballot Measure," accessed August 26, 2018
  16. 16.0 16.1 16.2 Bismarck Tribune, "What legalized marijuana will mean to North Dakota," accessed October 15, 2018
  17. Legalize ND, "Home," accessed July 11, 2018
  18. UPI, "North Dakota to vote on legalizing marijuana for recreational use in November," accessed August 15, 2018
  19. 19.0 19.1 Washington Post, "The next state to legalize marijuana could be . . . North Dakota?" accessed July 11, 2018
  20. YouTube, "LegalizeND YouTube channel," accessed October 18, 2018
  21. 21.00 21.01 21.02 21.03 21.04 21.05 21.06 21.07 21.08 21.09 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 Vote No on 3 ND, "Home," accessed September 19, 2018
  22. 22.0 22.1 U.S. News, "The Latest: ND Senate Hopefuls Agree on Pot, Voting Ban," October 31, 2018
  23. 23.0 23.1 23.2 In Forum, "'A large-scale experiment': ND police leaders oppose recreational pot measure, fearing ‘societal costs’," accessed August 27, 2018
  24. Inforum, "Editorial: Vote no on ND Measure 1, 2, 3; yes on Measure 4," accessed October 18, 2018
  25. Ballotpedia Staff Writer, Telephone communication with David Owen of LegalizeND, October 25, 2018
  26. Ballotpedia Staff Writer, Telephone communication with Shannon at Odney, September 5, 2018
  27. Grandforks Herald, "Legalize ND poll shows 51 percent favor recreational marijuana, but opponents doubt numbers," accessed October 25, 2018
  28. West Fargo Pioneer, "Backer of North Dakota’s recreational pot measure questions poll showing weak support," accessed September 5, 2018
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