North Dakota Constitution Article III - Powers Reserved To The People
North Dakota Constitution – Article III: Powers Reserved to the People
This article outlines the initiative and referendum powers that are reserved to the people of North Dakota. These are direct democratic tools allowing citizens to create or reject laws independently of the legislature.
🔹 Key Provisions of Article III
1. Initiative (Section 1 - 5)
Definition: Citizens can propose new laws or constitutional amendments.
Process:
A petition must be signed by a required percentage of voters.
Constitutional amendments require signatures from at least 4% of the population.
Statutory initiatives require 2% of the population.
Once certified, initiatives go to the ballot for a public vote.
2. Referendum (Section 6 - 7)
Definition: Allows citizens to approve or reject laws passed by the legislature.
Process:
A referendum petition must be filed within 90 days after the law is filed with the Secretary of State.
Requires signatures equal to 2% of the population.
Laws may be suspended until the vote occurs.
3. Exceptions
Certain laws are exempt from referendum, such as:
Appropriations for government support.
Emergency measures necessary for public peace, health, or safety.
4. Signature Gathering and Filing
Signatures must be gathered within a year before submission.
Verified by the Secretary of State.
Ballot titles and summaries are prepared for public understanding.
5. Enactment and Effective Date
Approved measures become law 30 days after the vote, unless specified otherwise.
6. Legislative Interference
The legislature may not repeal or amend citizen-initiated constitutional amendments.
Statutory initiatives passed by voters may only be amended or repealed by a two-thirds vote of each legislative house.
🔹 Purpose
Article III embodies direct democracy, allowing the people to:
Act as a check on legislative power.
Participate directly in shaping laws and policies.
Override or propose legislation without relying solely on elected officials.
RELATED Blog
0 comments