On Monday, North Dakota Senate Republicans passed a constitutional amendment that would require citizen-initiated constitutional amendments—after they’ve made it on the ballot and been approved by voters at a statewide election—to then be sent to the legislature for approval. If not approved by the legislature, the measure would be required to go back on the ballot and be approved by voters a second time at the next statewide election.

 

This amendment was introduced as Senate Concurrent Resolution 4001 on January 3, 2019, by Republican Senators David Hogue, Dick Dever, and Gary Lee. On February 18, 2019, the state Senate passed SCR 4001 by a vote of 31 to 16. Of the 36 Senate Republicans, 31 voted yes while six joined all ten Senate Democrats in voting no. The introduced version of the proposal was designed to give the legislature the last vote on a citizen-initiated constitutional amendment, but it was amended to add the provision for a second statewide election. If the House—comprised of 78 Republicans and 15 Democrats—passes the amendment, it will appear on the ballot before voters at the general election on November 3, 2020.

 

If this measure goes on the ballot and is approved by voters, North Dakota would become the first state to require legislative approval after voter approval for citizen initiatives. Currently, South Carolina is the only state that requires the legislature to approve a legislatively-referred amendment again after voter approval. In Nevada, citizen-initiated constitutional amendments must be passed by voters at two consecutive statewide elections, but the state legislature is not involved in between the elections.

 

Typically, in states with a process for indirect initiatives, an initiative with a successful signature petition drive is considered first by the state legislature where the initiative—or in some cases legislation deemed equivalent—may be approved by the legislature; otherwise, the measure is placed on the ballot. In some states, an additional round of signatures is required to qualify an initiative for the ballot if the legislature does not approve it.