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North Dakota State Legislative Term Limits Amendment (2026)
North Dakota State Legislative Term Limits Amendment | |
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Election date |
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Topic State legislative term limits |
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Status On the ballot |
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Type Legislatively referred constitutional amendment |
Origin |
The North Dakota State Legislative Term Limits Amendment is on the ballot in North Dakota as a legislatively referred constitutional amendment on November 3, 2026.
A "yes" vote supports changing the existing state legislative term limits. Approving the measure would limit state legislators to serving four complete four-year terms (16 years) in the state legislature regardless of chamber. A term that is less than four-years would not count toward the term limit. The state legislature would be authorized to amend term limitations. |
A "no" vote opposes changing state legislative term limits. Rejecting the measure would leave in place current term limits for state legislators of eight years in the state House and eight years in the state Senate (16 years split between both chambers). Legislators could not serve a term or remaining portion of a term if it would cause the legislator to have served a cumulative time of more than eight years in the chamber. Term limitations could only be changed by initiative petition and not by the state legislature. |
Overview
How would the amendment change North Dakota's existing term limits?
- See also: Text of measure
The amendment would change the state's existing term limits for state legislators. Under the amendment, legislators could serve four complete four-year terms regardless of chamber. A term that is less than four years would not count toward the term limit.[1]
The amendment would repeal the constitutional provision established by Constitutional Measure 1 of 2022, which provided that term limits could only be amended or repealed by initiative petition and not by the state legislature.[1]
Provision | Current law | Proposed amendment |
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Time limit | Up to 8 years in the house and 8 years in the senate (16 years total, split between chambers) | Up to four full four-year terms (16 years total) |
Chamber limits | Separate limits for each chamber (8 years in house, 8 years in senate) | No limit for each chamber; limit is for time in legislative assembly as a whole |
Basis of limit | Cumulative time served measured in years | Number of complete terms |
Partial terms | Cannot complete term if it would cause the member to serve over 8 years in a chamber | Partial terms do not count toward limit |
Amending term limits | Must be proposed by citizen initiative petition | May be proposed by the state legislature or by citizen initiative petition |
Does North Dakota have term limits?
- See also: Constitutional Measure 1 (2022)
In 2022, North Dakota voters approved an initiative, Constitutional Measure 1, creating term limits for the governor and state legislators. The initiative limited the governor to serving two terms. It limited state legislators to serving eight years in the state House and eight years in the state Senate for a total of 16 years with no more than 8 years served in each chamber. Under the initiative, a member of the House or Senate could not serve a term or remaining portion of a term if it would cause the legislator to have served a cumulative time of more than eight years in the chamber. The initiative applied to individuals elected after approval of the amendment. The measure also prohibited state legislators from amending term limits, requiring changes to term limits to be proposed by initiative petition.
Do other states have term limits for state legislators?
As of 2025, 16 states had term limits on state legislators: Arizona, Arkansas, California, Colorado, Florida, Louisiana, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, and South Dakota. In the United States, there are 1,973 state senate seats and 5,413 state house seats. Of the 1,973 senate seats, 609 seats (30.9%) are subject to term limits. Of the 5,413 house seats, 1,460 seats (27.0%) are subject to term limits. Of the total 7,386 state legislative seats, 2,069 (28.0%) are limited.
In six of the 16 states with limits on state legislators, the limit is a lifetime limit. These states are California, Michigan, Missouri, Nevada, North Dakota, and Oklahoma. In these states, once a legislator has served the maximum allowable number of terms in a particular legislative chamber, they may never again run for or hold office in that particular chamber. In other states, the term limit is a limit on consecutive terms, meaning legislators can run again after a break from office.[2][3]
What have legislators said about the amendment?
- See also: Support and Opposition
State Reps. David Monson (R-19) and Mike Brandenburg (R-28) voted in favor of the amendment. Monson said, “We’ve got to vote this in, and we’ve got to convince the people that this is a lot better plan than what we’ve got on the books right now.”[4] Brandenburg stated, “If we are going to have term limits, then let’s do it right. Let’s have term limits where we have a smooth transition so that the people have the proper representation to be able to make sure the people’s voice are heard.”[5]
State Reps. Jared Hendrix (R-10), Lori VanWinkle (R-3), and Steve Vetter (R-18) voted against the amendment. Hendrix, who sponsored the 2022 initiative establishing term limits, said, “You have plain language in the constitution restricting what the Legislature can do.”[4] VanWinkle said, “I don’t know how we’re going to justify overrunning the will of the people. The power reserved to changing term limits is reserved to the initiative process.” Vetter said, “The senators don’t want to become representatives. That’s really what this bill is because that’s all it does.”[6]
Text of measure
Constitutional changes
- See also: Article XV, North Dakota Constitution
The measure would amend Article XV of the North Dakota 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.
An individual shall may not serve more than four complete four-year terms as a member of the house of representatives for a cumulative period of time amounting to more than eight years. An individual shall not serve as a member of the senate for a cumulative period of time amounting to more than eight years legislative assembly. An individual shall not be eligible to serve a full or remaining term individual's service as a member of the house of representatives or the senate if serving the full or remaining legislative assembly during a term would cause the individual to serve for a cumulative period of time amounting to more than eight years in that respective house that is less than four years does not count toward the term limit for a member of the house of representatives or the senate under this section.
SECTION 2. TERM LIMITS FOR GOVERNOR. An individual shall not be elected to the office of governor more than twice. This provision shall not prevent the lieutenant governor from succeeding to the office of governor, nor prevent the secretary of state from acting as governor.
SECTION 3. APPLICATION OF TERM LIMITS. The limitations established by this article shall have prospective effect only and service as a member of the house of representatives. service as a member of the senate and prior election to the office of governor shall not be counted against any service or election, respectively, of any individual that occurs after the effective date of this amendment. Service by the lieutenant governor in his capacity as president of the senate shall not count toward the cumulative amount of time an individual may serve as a member of the senate.
SECTION 4. THE PEOPLES TERM LIMITS AMENDMENT. Notwithstanding the legislative assembly's authority to propose amendments to this constitution under Article IV section 16 thereof, the legislative assembly shall not have authority to propose an amendment to this constitution to alter or repeal the term limitations established in section 1 of this article. The authority to propose an amendment to this constitution to alter or repeal the term limitations established in section 1 of this article is reserved to initiative petition of the people under article Ill of this constitution.
[7]
Support
Supporters
Officials
- Sen. Sean Cleary (R)
- Sen. Dick Dever (R)
- Sen. David Hogue (R)
- Rep. Jim Jonas
- Rep. David Monson (R)
- Rep. Austen Schauer (R)
Arguments
Opposition
Opponents
Officials
- Rep. Jared Hendrix (R)
- Rep. Lori VanWinkle (R)
- Rep. Steve Vetter (R)
Arguments
Campaign finance
If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
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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
Term limits
- See also: Term limits in the United States
A term limit is a legal restriction that limits the number of terms a person may serve in a particular elected office.
There are different types of term limits. Sometimes, there is an absolute limit on the number of terms a person can serve, while in other cases, the restrictions are merely on the number of consecutive terms.
Constitutional Measure 1 (2022)
Prior to 2022, the governor and lawmakers each served four-year terms with no limit on the number of terms that may be served.
In 2022, North Dakota voters approved an initiative, Constitutional Measure 1, creating term limits for the governor and state legislators. The initiative was sponsored by North Dakota for Term Limits and U.S. Term Limits.
The initiative limited the governor to serving two terms. It limited state legislators to serving eight years in the state House and eight years in the state Senate for a total of 16 years with no more than 8 years served in each chamber. Under the initiative, a member of the House or Senate could not serve a term or remaining portion of a term if it would cause the legislator to have served a cumulative time of more than eight years in the chamber. The initiative applied to individuals elected after approval of the amendment.
The measure also provided that "the legislative assembly shall not have authority to propose an amendment to this constitution to alter or repeal the term limitations established" under the amendment, meaning that only citizens could change term limit provisions via initiative petition.
North Dakota party control
A state government trifecta is a term that describes single party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. Between 1992 and 2021, North Dakota was under the following types of trifecta control:
- Democratic trifecta: None
- Republican trifecta: 1995-2021
- Divided government: 1992-1994
North Dakota Party Control: 1992-2024
No Democratic trifectas • Thirty-one years of Republican trifectas
Scroll left and right on the table below to view more years.
Year | 92 | 93 | 94 | 95 | 96 | 97 | 98 | 99 | 00 | 01 | 02 | 03 | 04 | 05 | 06 | 07 | 08 | 09 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 |
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Governor | D | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R |
Senate | D | D | D | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R |
House | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R |
Term limits for state legislators across the U.S.
- See also: State legislatures with term limits
As of 2024, 16 states had term limits on state legislators: Arizona, Arkansas, California, Colorado, Florida, Louisiana, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, and South Dakota. In the United States, there are 1,973 state senate seats and 5,413 state house seats. Of the 1,973 senate seats, 609 seats (30.9%) are subject to term limits. Of the 5,413 house seats, 1,460 seats (27.0%) are subject to term limits. Of the total 7,386 state legislative seats, 2,069 (28.0%) are limited.
Legislative term limits can be either lifetime or consecutive. In the ten states where the limits are consecutive, once a state legislator has served the maximum number of terms in office, he or she, if eligible, can run for office for the state's other legislative chamber, or leave the legislature. These states are Arizona, Arkansas, Colorado, Florida, Louisiana, Maine, Montana, Nebraska, Ohio, and South Dakota. After a period of time no longer in office in a particular legislative chamber, however, the legislator is allowed to run again for office in that legislative chamber. The period of time that a legislator must be out of office before being able to run again is usually two years.
In six of the 16 states with limits on state legislators, the limit is a lifetime limit. These states are California, Michigan, Missouri, Nevada, North Dakota, and Oklahoma. In these states, once a legislator has served the maximum allowable number of terms in a particular legislative chamber, they may never again run for or hold office in that particular chamber.[2][8]
Term-limited legislators by state
The map below shows the 16 states that use term limits for state legislators.
States with legislative limits | |||
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Legislature | Limits in effect | Year limits imposed | Year limits took effect |
Arizona Legislature | H: 4 terms (8 years) S: 4 terms (8 years) |
1992 | H: 2000 S: 2000 |
Arkansas Legislature | 12 consecutive years; can return after a four-year break | 1992, 2014, modified 2020 | H: 1998 S: 2000 |
California Legislature | 12 year cumulative total, in either or both | 1990, modified 2012 | A: 1996 S: 1998 |
Colorado Legislature | H: 4 terms (8 years) S: 2 terms (8 years) |
1990 | H: 1998 S: 1998 |
Florida Legislature | H: 4 terms (8 years) S: 2 terms (8 years) |
1992 | H: 2000 S: 2000 |
Louisiana Legislature | H: 3 terms (12 years) S: 3 terms (12 years) |
1995 | H: 2007 S: 2007 |
Maine Legislature | H: 4 terms (8 years) S: 4 terms (8 years) |
1993 | H: 1996 S: 1996 |
Michigan Legislature | 12 year cumulative total, in either or both | 1992, modified 2022 | H: 1998 S: 2002 |
Missouri Legislature | H: 4 terms (8 years) S: 2 terms (8 years) |
Amendment 13 (1992) (also see: Amendment 3 (2002) |
H: 2002 S: 2002 |
Montana Legislature | H: 4 terms (8 years) S: 2 terms (8 years) |
1992 | H: 2000 S: 2000 |
Nebraska Unicameral | S: 2 terms (8 years) | 2000 | S: 2008 |
Nevada Legislature | A: 6 terms (12 years) S: 3 terms (12 years) |
Initiative passed in 1996, took effect with those elected in 1998 | A: 2010 S: 2010 |
North Dakota Legislature | H: 2 terms (8 years) S: 2 terms (8 years) |
2022 | H: 2023 S: 2023 |
Ohio Legislature | H: 4 terms (8 years) S: 2 terms (8 years) |
1992 | H: 2000 S: 2000 |
Oklahoma Legislature | 12 year cumulative total, in either or both | 1990 | H: 2004 S: 2004 |
South Dakota Legislature | H: 4 terms (8 years) S: 4 terms (8 years) |
1992 | H: 2000 S: 2000 |
Term limits that have been overturned
In six states, voters approved of term limits, but would later have these changes nullified. For Idaho and Utah, the state legislature voted to nullify the limits imposed by voters, while for Massachusetts, Oregon, Washington, and Wyoming, courts nullified the voter-imposed limits.
By legislature
- The Idaho State Legislature repealed its own term limits in 2002.
- The Utah State Legislature repealed its own term limits in 2003.
By courts
- In 1997, the Massachusetts Supreme Court overturned term limits on the Massachusetts General Court.
- In 2002, the Oregon Supreme Court overturned the state's term limits on the grounds that the initiative voters approved the imposed term limits had more than one subject.
- The Washington Supreme Court voided state term limits in 1998.
- In 2004, the Wyoming Supreme Court overturned term limits imposed by the state's voters.
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.
Senate Concurrent Resolution 4008 (2025)
The following is the timeline of the constitutional amendment in the state legislature:[1]
- January 27, 2025: The amendment was introduced in the Senate.
- March 17, 2025: The Senate passed the amendment in a vote of 24-23.
- April 1, 2025: The amendment failed by a vote of 46-43 in the House. Of the 11 House Democrats, 10 voted no and one was absent. Of the 83 House Republicans, 46 voted in favor, 33 voted against, and four were absent.
- April 2, 2025: The House approved the amendment by a vote of 53-39. Of the 11 House Democrats, two voted in favor, eight voted against, and one was absent. Of the 83 House Republicans, 51 voted in favor, 31 voted against, and one was absent.
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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.
See also
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External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 North Dakota State Legislature, "Senate Concurrent Resolution 4008," accessed March 20, 2025
- ↑ 2.0 2.1 National Conference of State Legislatures, "The Term-Limited States," accessed Jan. 17, 2023
- ↑ U.S. Term Limits, "U.S Term Limits Praises North Dakota Voters for Passing Term Limits Amendment for State Offices," Nov. 9, 2022
- ↑ 4.0 4.1 AP News, "North Dakota legislature debates term limits," accessed April 11, 2025
- ↑ KFYR-TV, "Term limits to return to 2026 ballot," April 2, 2025
- ↑ North Dakota Monitor, "Term limits resolution narrowly fails in North Dakota House," accessed April 11, 2025
- ↑ 7.0 7.1 Note: This text is quoted verbatim from the original source. Cite error: Invalid
<ref>
tag; name "quotedisclaimer" defined multiple times with different content - ↑ U.S. Term Limits, "U.S Term Limits Praises North Dakota Voters for Passing Term Limits Amendment for State Offices," Nov. 9, 2022
- ↑ North Dakota Secretary of State, "Q: What are voting hours in North Dakota?" accessed August 12, 2024
- ↑ Justia, "2023 North Dakota Century Code, 16.1-01-03. Opening and closing of the polls," accessed August 14, 2024
- ↑ 11.0 11.1 North Dakota Secretary of State, “North Dakota….The Only State Without Voter Registration,” accessed April 24, 2023
- ↑ North Dakota Secretary of State, “Voter Registration in North Dakota,” accessed August 12, 2024
- ↑ 13.0 13.1 13.2 North Dakota Secretary of State, "ID Requirements for Voting," accessed August 12, 2024