Five measures on the ballot Nov. 5

The upcoming general election on Tuesday, Nov. 5 is undoubtedly an important one, but the election’s implications won’t just be felt nationally.

Voters in North Dakota will also be asked to consider five separate ballot measures.

As voters continue to inform themselves about their choices this November, here is a comprehensive look at each of those ballot measures.

Constitutional

Measure No. 1

Measure 1, if approved, would modernize language in the North Dakota Constitution used to describe the N.D. School for the Deaf and the state hospital.

For example, where the state constitution currently refers to the “school for the deaf and dumb of North Dakota,” the language would be changed to say, “school for the deaf and hard of hearing.”

Additionally, the “state hospital for the insane” would be changed to the “state hospital for the care of individuals with mental illness”; an “institution for the feebleminded” would be changed to a “facility for individuals with developmental disabilities”; and finally, a “state hospital for the mentally ill” would be changed to a “state hospital for the care of individuals with mental illness.”

A “yes” vote would mean you support those changes to constitutional language, and a “no” vote would mean you oppose those changes.

Constitutional

Measure No. 2

Measure 2 is essentially a ballot measure about ballot measures.

If approved, any future constitutional and non-constitutional initiated measures would have to be limited to just a single subject, as determined by the N.D. Secretary of State.

It would also require that measure sponsors be qualified electors, and that only qualified electors can circulate a petition. Petition signers would have to provide a complete residential address, and the number of signatures required to place a constitutional initiated measure on the ballot would increase from 4% to 5% of the North Dakota resident population.

Lastly, this measure would require a constitutional initiated ballot measure to be voted on twice by residents of North Dakota before it can be adopted – once in a primary election and once in a general election. If the measure fails at either the primary or general election, it would be deemed failed.

A “yes” vote would mean you support those changes to the ballot measure process, and a “no” vote would oppose them.

Constitutional

Measure No. 3

Measure 3 would decrease the amount of principal available for the State of North Dakota to spend out of its Legacy Fund, as well as clarify distributions from the fund.

If Measure 3 is approved, transfers and earnings accruing prior to July 1, 2017 would be deemed as the principal of the legacy fund, and would decrease the amount of the principal to be expended during a biennium from 15% to 5%.

Measure 3 would also require the state treasurer to make a distribution of the legacy fund earnings into a legacy earnings fund, on July 1 of odd-numbered years.

Voting “yes” on this measure means you support these changes regarding the state’s Legacy Fund, and voting “no” means you oppose them.

Initiated Measure No. 4

Measure 4 would eliminate the ability for the state and local governments to collect valuation-based property taxes, except for the payment of bonded indebtedness incurred through a certain date – thus eliminating the primary source of funding used to pay for road repairs, law enforcement and many other basic services.

The measure would not ban all forms of property tax, such as a tax or fee on property owners based on parcel size, road frontage or the size and type of buildings on the property. Taxing entities just wouldn’t be able to levy taxes based on assessed value.

If it passes, Measure 4 would require the state government to provide “replacement payments” to local governments to account for any lost revenue from the elimination of property taxes, based on 2024 funding levels. However, it does not stipulate how the state would acquire the funding to do so.

The estimated fiscal impact of this measure is a $3.15 billion increase in biennial expenditures to the state beginning in the 2025-2027 biennium.

In an article published last week, the Transcript surveyed nearly two dozen local elected officials regarding Measure 4, and the vast majority said they plan to vote “no” on the measure, citing concerns over the lack of any guarantee of where the replacement funds will come from.

Meanwhile, proponents of Measure 4 say it would provide much needed tax relief for property owners and would be a boon for the state’s economy.

A “yes” vote would mean you support eliminating valuation-based property taxes, and a “no” vote would mean you oppose the elimination of those taxes.

Initiated Measure No. 5

Measure 5 would legalize recreational marijuana in the State of North Dakota.

Or, more specifically, it would allow for the production, processing and sale of cannabis and the possession and use of various forms of cannabis by individuals who are 21 years of age and older.

Measure 5 would also establish a number of regulations on the new cannabis industry, such the establishment of a direct state entity to regulate and register adult-use cannabis production businesses, dispensaries, and their agents, as well as provide protections for individuals who are 21 or older who use cannabis, and penalties for any violations.

The new state agency would also preserve certain employer rights regarding use of cannabis products by employees, and would supersede local ordinances that otherwise would prohibit the purchase, sale, use, delivery or production of cannabis by or to individuals aged 21 or older.

If approved, North Dakota would join 24 other states in the U.S. which have also voted to legalize recreational marijuana.

The estimated fiscal impact of this measure for the 2025-2027 biennium includes revenues of more than $10.2 billion and expenses of about $8.3 billion, in addition to an undetermined amount of costs associated with behavioral health and social impacts.

A “yes” vote on this measure would mean you support the legalization of marijuana, and a “no” vote would mean you oppose it.

For more information

The complete legislative text for each ballot measure is published on page 9 of the Sept. 30 print edition, and on the North Dakota Secretary of State's website: http://www.sos.nd.gov.

In addition to the full text, there is also additional information about the measure's financial impact, as well as ballot language and analysis.