Storytelling@dmassociates.biz


STATE CONSTITUTIONS

Click to hear or download this Constitution

Also use CTRL F to search pages for words and/or phrases.

PREAMBLE

We, the people of North Dakota, grateful to Almighty God for the blessings of civil and

religious liberty, do ordain and establish this constitution.

ARTICLE ONE

DECLARATION OF RIGHTS


Section 1. All individuals are by nature equally free and independent and have certain

inalienable rights, among which are those of enjoying and defending life and liberty; acquiring,

possessing and protecting property and reputation; pursuing and obtaining safety and happiness;

and to keep and bear arms for the defense of their person, family, property, and the state, and for

lawful hunting, recreational, and other lawful purposes, which shall not be infringed.

Section 2. All political power is inherent in the people. Government is instituted for the

protection, security and benefit of the people, and they have a right to alter or reform the same

whenever the public good may require.

Section 3. The free exercise and enjoyment of religious profession and worship, without

discrimination or preference shall be forever guaranteed in this state, and no person shall be

rendered incompetent to be a witness or juror on account of his opinion on matters of religious

belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of

licentiousness, or justify practices inconsistent with the peace or safety of this state.

Section 4. Every man may freely write, speak and publish his opinions on all subjects,

being responsible for the abuse of that privilege. In all civil and criminal trials for libel the truth

may be given in evidence, and shall be a sufficient defense when the matter is published with

good motives and for justifiable ends; and the jury shall have the same power of giving a general

verdict as in other cases; and in all indictments or informations for libels the jury shall have the

right to determine the law and the facts under the direction of the court as in other cases.

Section 5. The citizens have a right, in a peaceable manner, to assemble together for

the common good, and to apply to those invested with the powers of government for the redress

of grievances, or for other proper purposes, by petition, address or remonstrance.

Section 6. Neither slavery nor involuntary servitude, unless for the punishment of crime,

shall ever be tolerated in this state.

Section 7. Every citizen of this state shall be free to obtain employment wherever

possible, and any person, corporation, or agent thereof, maliciously interfering or hindering in any

way, any citizen from obtaining or enjoying employment already obtained, from any other

corporation or person, shall be deemed guilty of a misdemeanor.

Section 8. The right of the people to be secure in their persons, houses, papers and

effects, against unreasonable searches and seizures shall not be violated; and no warrant shall

issue but upon probable cause, supported by oath or affirmation, particularly describing the place

to be searched and the persons and things to be seized.

Section 9. All courts shall be open, and every man for any injury done him in his lands,

goods, person or reputation shall have remedy by due process of law, and right and justice

administered without sale, denial or delay. Suits may be brought against the state in such

manner, in such courts, and in such cases, as the legislative assembly may, by law, direct.

Section 10. Until otherwise provided by law, no person shall, for a felony, be proceeded

against criminally, otherwise than by indictment, except in cases arising in the land or naval

forces, or in the militia when in actual service in time of war or public danger. In all other cases,

offenses shall be prosecuted criminally by indictment or information. The legislative assembly

may change, regulate or abolish the grand jury system.

Section 11. All persons shall be bailable by sufficient sureties, unless for capital offenses

when the proof is evident or the presumption great. Excessive bail shall not be required, nor

excessive fines imposed, nor shall cruel or unusual punishments be inflicted. Witnesses shall

not be unreasonably detained, nor be confined in any room where criminals are actually

imprisoned.

Section 12. In criminal prosecutions in any court whatever, the party accused shall have

the right to a speedy and public trial; to have the process of the court to compel the attendance of

witnesses in his behalf; and to appear and defend in person and with counsel. No person shall

be twice put in jeopardy for the same offense, nor be compelled in any criminal case to be a

witness against himself, nor be deprived of life, liberty or property without due process of law.

Section 13. The right of trial by jury shall be secured to all, and remain inviolate. A

person accused of a crime for which he may be confined for a period of more than one year has

the right of trial by a jury of twelve. The legislative assembly may determine the size of the jury

for all other cases, provided that the jury consists of at least six members. All verdicts must be

unanimous.

Section 14. The privilege of the writ of habeas corpus shall not be suspended unless,

when in case of rebellion or invasion, the public safety may require.

Section 15. No person shall be imprisoned for debt unless upon refusal to deliver up his

estate for the benefit of his creditors, in such manner as shall be prescribed by law; or in cases of

tort; or where there is strong presumption of fraud.

Section 16. Private property shall not be taken or damaged for public use without just

compensation having been first made to, or paid into court for the owner, unless the owner

chooses to accept annual payments as may be provided for by law. No right of way shall be

appropriated to the use of any corporation until full compensation therefor be first made in money

or ascertained and paid into court for the owner, unless the owner chooses annual payments as

may be provided by law, irrespective of any benefit from any improvement proposed by such

corporation. Compensation shall be ascertained by a jury, unless a jury be waived. When the

state or any of its departments, agencies or political subdivisions seeks to acquire right of way, it

may take possession upon making an offer to purchase and by depositing the amount of such

offer with the clerk of the district court of the county wherein the right of way is located. The clerk

shall immediately notify the owner of such deposit. The owner may thereupon appeal to the

court in the manner provided by law, and may have a jury trial, unless a jury be waived, to

determine the damages, which damages the owner may choose to accept in annual payments

as may be provided for by law. Annual payments shall not be subject to escalator clauses but

may be supplemented by interest earned.

For purposes of this section, a public use or a public purpose does not include public

benefits of economic development, including an increase in tax base, tax revenues, employment,

or general economic health. Private property shall not be taken for the use of, or ownership by,

any private individual or entity, unless that property is necessary for conducting a common carrier

or utility business.

Section 17. Treason against the state shall consist only in levying war against it,

adhering to its enemies or giving them aid and comfort. No person shall be convicted of treason

unless on the evidence of two witnesses to the same overt act, or confession in open court.

Section 18. No bill of attainder, ex post facto law, or law impairing the obligations of

contracts shall ever be passed.

Section 19. The military shall be subordinate to the civil power. No standing army shall

be maintained by this state in time of peace, and no soldiers shall, in time of peace, be quartered

in any house without the consent of the owner; nor in time of war, except in the manner

prescribed by law.

Section 20. To guard against transgressions of the high powers which we have

delegated, we declare that everything in this article is excepted out of the general powers of

government and shall forever remain inviolate.

Section 21. No special privileges or immunities shall ever be granted which may not be

altered, revoked or repealed by the legislative assembly; nor shall any citizen or class of citizens

be granted privileges or immunities which upon the same terms shall not be granted to all

citizens.

Section 22. All laws of a general nature shall have a uniform operation.

Section 23. The state of North Dakota is an inseparable part of the American union and

the Constitution of the United States is the supreme law of the land.

Section 24. The provisions of this constitution are mandatory and prohibitory unless, by

express words, they are declared to be otherwise.


ARTICLE TWO

ELECTIVE FRANCHISE


Section 1. The general election of the state shall be held biennially as provided by law.

Every citizen of the United States, who has attained the age of eighteen years and who is

a North Dakota resident, shall be a qualified elector. When an elector moves within the state, he

shall be entitled to vote in the precinct from which he moves until he establishes voting residence

in another precinct. The legislative assembly shall provide by law for the determination of

residence for voting eligibility, other than physical presence. No elector shall lose his residency

for voting eligibility solely by reason of his absence from the state.

The legislative assembly shall provide by law for secrecy in voting, for absentee voting,

for administration of elections and for the nomination of candidates.

Section 2. No person who has been declared mentally incompetent by order of a court

or other authority having jurisdiction, which order has not been rescinded, shall be qualified to

vote. No person convicted of a felony shall be qualified to vote until his or her civil rights are

restored.


ARTICLE THREE

POWERS RESERVED TO THE PEOPLE


Section 1. While the legislative power of this state shall be vested in a legislative

assembly consisting of a senate and a house of representatives, the people reserve the power to

propose and enact laws by the initiative, including the call for a constitutional convention; to

approve or reject legislative Acts, or parts thereof, by the referendum; to propose and adopt

constitutional amendments by the initiative; and to recall certain elected officials. This article is

self-executing and all of its provisions are mandatory. Laws may be enacted to facilitate and

safeguard, but not to hamper, restrict, or impair these powers.

Section 2. A petition to initiate or to refer a measure must be presented to the secretary

of state for approval as to form. A request for approval must be presented over the names and

signatures of twenty-five or more electors as sponsors, one of whom must be designated as

chairman of the sponsoring committee. The secretary of state shall approve the petition for

circulation if it is in proper form and contains the names and addresses of the sponsors and the

full text of the measure.

The legislative assembly may provide by law for a procedure through which the legislative

council may establish an appropriate method for determining the fiscal impact of an initiative

measure and for making the information regarding the fiscal impact of the measure available to

the public.

Section 3. The petition shall be circulated only by electors. They shall swear thereon

that the electors who have signed the petition did so in their presence. Each elector signing a

petition shall also write in the date of signing and his post-office address. No law shall be

enacted limiting the number of copies of a petition. The copies shall become part of the original

petition when filed.

Section 4. The petition may be submitted to the secretary of state if signed by electors

equal in number to two percent of the resident population of the state at the last federal decennial

census.

Section 5. An initiative petition shall be submitted not less than ninety days before the

statewide election at which the measure is to be voted upon. A referendum petition may be

submitted only within ninety days after the filing of the measure with the secretary of state. The

submission of a petition shall suspend the operation of any measure enacted by the legislative

assembly except emergency measures and appropriation measures for the support and

maintenance of state departments and institutions. The submission of a petition against one or

more items or parts of any measure shall not prevent the remainder from going into effect. A

referred measure may be voted upon at a statewide election or at a special election called by the

governor.

Section 6. The secretary of state shall pass upon each petition, and if he finds it

insufficient, he shall notify the "committee for the petitioners" and allow twenty days for correction

or amendment. All decisions of the secretary of state in regard to any such petition shall be

subject to review by the supreme court. But if the sufficiency of such petition is being reviewed at

the time the ballot is prepared, the secretary of state shall place the measure on the ballot and no

subsequent decision shall invalidate such measure if it is at such election approved by a majority

of the votes cast thereon. If proceedings are brought against any petition upon any ground, the

burden of proof shall be upon the party attacking it.

Section 7. All decisions of the secretary of state in the petition process are subject to

review by the supreme court in the exercise of original jurisdiction. If his decision is being

reviewed at the time the ballot is prepared, he shall place the measure on the ballot and no court

action shall invalidate the measure if it is approved at the election by a majority of the votes cast

thereon.

Section 8. If a majority of votes cast upon an initiated or a referred measure are

affirmative, it shall be deemed enacted. An initiated or referred measure which is approved shall

become law thirty days after the election, and a referred measure which is rejected shall be void

immediately. If conflicting measures are approved, the one receiving the highest number of

affirmative votes shall be law. A measure approved by the electors may not be repealed or

amended by the legislative assembly for seven years from its effective date, except by a

two-thirds vote of the members elected to each house.

Section 9. A constitutional amendment may be proposed by initiative petition. If signed

by electors equal in number to four percent of the resident population of the state at the last

federal decennial census, the petition may be submitted to the secretary of state. All other

provisions relating to initiative measures apply hereto.

Section 10. Any elected official of the state, of any county or of any legislative or county

commissioner district shall be subject to recall by petition of electors equal in number to

twenty-five percent of those who voted at the preceding general election for the office of governor

in the state, county, or district in which the official is to be recalled.

The petition shall be filed with the official with whom a petition for nomination to the office

in question is filed, who shall call a special election if he finds the petition valid and sufficient. No

elector may remove his name from a recall petition.

The name of the official to be recalled shall be placed on the ballot unless he resigns

within ten days after the filing of the petition. Other candidates for the office may be nominated in

a manner provided by law. When the election results have been officially declared, the candidate

receiving the highest number of votes shall be deemed elected for the remainder of the term. No

official shall be subject twice to recall during the term for which he was elected.


ARTICLE FOUR

LEGISLATIVE BRANCH


Section 1. The senate must be composed of not less than forty nor more than fifty-four

members, and the house of representatives must be composed of not less than eighty nor more than

one hundred eight members. These houses are jointly designated as the legislative assembly of the

state of North Dakota.

Section 2. The legislative assembly shall fix the number of senators and representatives and

divide the state into as many senatorial districts of compact and contiguous territory as there are

senators. The districts thus ascertained and determined after the 1990 federal decennial census shall

continue until the adjournment of the first regular session after each federal decennial census, or until

changed by law.

The legislative assembly shall guarantee, as nearly as is practicable, that every elector is

equal to every other elector in the state in the power to cast ballots for legislative candidates. A

senator and at least two representatives must be apportioned to each senatorial district and be

elected at large or from subdistricts from those districts. The legislative assembly may combine two

senatorial districts only when a single member senatorial district includes a federal facility or federal

installation, containing over two-thirds of the population of a single member senatorial district, and

may provide for the election of senators at large and representatives at large or from subdistricts from

those districts.

Section 3. The legislative assembly shall establish by law a procedure whereby one-half of the

members of the senate and one-half of the members of the house of representatives, as nearly as is

practicable, are elected biennially.

Section 4. Senators and representatives must be elected for terms of four years.

Section 5. Each person elected to the legislative assembly must be, on the day of the election,

a qualified elector in the district from which the member was chosen and must have been a resident of

the state for one year immediately prior to that election.

Section 6. While serving in the legislative assembly, no member may hold any full-time

appointive state office established by this constitution or designated by law. During the term for which

elected, no member of the legislative assembly may be appointed to any full-time office that has been

created by the legislative assembly. During the term for which elected, no member of the legislative

assembly may be appointed to any full-time office for which the legislative assembly has increased

the compensation in an amount greater than the general rate of increase provided to full-time state

employees.

Section 7. The terms of members of the legislative assembly begin on the first day of

December following their election.

The legislative assembly shall meet at the seat of government in the month of December

following the election of the members thereof for organizational and orientation purposes as provided

by law and shall thereafter recess until twelve noon on the first Tuesday after the third day in January

or at such other time as may be prescribed by law but not later than the eleventh day of January.

No regular session of the legislative assembly may exceed eighty natural days during the

biennium. The organizational meeting of the legislative assembly may not be counted as part of those

eighty natural days, nor may days spent in session at the call of the governor or while engaged in

impeachment proceedings, be counted. Days spent in regular session need not be consecutive, and

the legislative assembly may authorize its committees to meet at any time during the biennium. As

used in this section, a "natural day" means a period of twenty-four consecutive hours.

Page No.

Neither house may recess nor adjourn for more than three days without consent of the other

house.

Section 8. The house of representatives shall elect one of its members to act as presiding

officer at the beginning of each organizational session.

Section 9. If any person elected to either house of the legislative assembly shall offer or

promise to give his vote or influence, in favor of, or against any measure or proposition pending or

proposed to be introduced into the legislative assembly, in consideration, or upon conditions, that any

other person elected to the same legislative assembly will give, or will promise or assent to give, his

vote or influence in favor of or against any other measure or proposition, pending or proposed to be

introduced into such legislative assembly, the person making such offer or promise shall be deemed

guilty of solicitation of bribery. If any member of the legislative assembly, shall give his vote or

influence for or against any measure or proposition, pending or proposed to be introduced into such

legislative assembly, or offer, promise or assent so to do upon condition that any other member will

give, promise or assent to give his vote or influence in favor of or against any other such measure or

proposition pending or proposed to be introduced into such legislative assembly, or in consideration

that any other member hath given his vote or influence, for or against any other measure or

proposition in such legislative assembly, he shall be deemed guilty of bribery. And any person,

member of the legislative assembly or person elected thereto, who shall be guilty of either such

offenses, shall be expelled, and shall not thereafter be eligible to the legislative assembly, and, on the

conviction thereof in the civil courts, shall be liable to such further penalty as may be prescribed by

law.

Section 10. No member of the legislative assembly, expelled for corruption, and no person

convicted of bribery, perjury or other infamous crime shall be eligible to the legislative assembly, or to

any office in either branch thereof.

Section 11. The legislative assembly may provide by law a procedure to fill vacancies

occurring in either house of the legislative assembly.

Section 12. A majority of the members elected to each house constitutes a quorum. A smaller

number may adjourn from day to day and may compel attendance of absent members in a manner,

and under a penalty, as may be provided by law.

Each house is the judge of the qualifications of its members, but election contests are subject

to judicial review as provided by law. If two or more candidates for the same office receive an equal

and highest number of votes, the secretary of state shall choose one of them by the toss of a coin.

Each house shall determine its rules of procedure, and may punish its members or other

persons for contempt or disorderly behavior in its presence. With the concurrence of two-thirds of its

elected members, either house may expel a member.

Section 13. Each house shall keep a journal of its proceedings, and a recorded vote on any

question shall be taken at the request of one-sixth of those members present. No bill may become law

except by a recorded vote of a majority of the members elected to each house, and the lieutenant

governor is considered a member-elect of the senate when the lieutenant governor votes.

No law may be enacted except by a bill passed by both houses, and no bill may be amended

on its passage through either house in a manner which changes its general subject matter. No bill may

embrace more than one subject, which must be expressed in its title; but a law violating this provision

is invalid only to the extent the subject is not so expressed.

Every bill must be read on two separate natural days, and the readings may be by title only

unless a reading at length is demanded by one-fifth of the members present.

No bill may be amended, extended, or incorporated in any other bill by reference to its title

only, except in the case of definitions and procedural provisions.

The presiding officer of each house shall sign all bills passed and resolutions adopted by the

legislative assembly, and the fact of signing shall be entered at once in the journal.

Every law, except as otherwise provided in this section, enacted by the legislative assembly

during its eighty natural meeting days takes effect on August first after its filing with the secretary of

state, or if filed on or after August first and before January first of the following year ninety days after

its filing, or on a subsequent date if specified in the law unless, by a vote of two-thirds of the members

elected to each house, the legislative assembly declares it an emergency measure and includes the

declaration in the Act. Every appropriation measure for support and maintenance of state departments

and institutions and every tax measure that changes tax rates enacted by the legislative assembly

take effect on July first after its filing with the secretary of state or on a subsequent date if specified in

the law unless, by a vote of two-thirds of the members elected to each house, the legislative assembly

declares it an emergency measure and includes the declaration in the Act. An emergency measure

takes effect upon its filing with the secretary of state or on a date specified in the measure. Every law

enacted by a special session of the legislative assembly takes effect on a date specified in the Act.

The legislative assembly shall enact all laws necessary to carry into effect the provisions of this

constitution. Except as otherwise provided in this constitution, no local or special laws may be

enacted, nor may the legislative assembly indirectly enact special or local laws by the partial repeal of

a general law but laws repealing local or special laws may be enacted.

Section 14. All sessions of the legislative assembly, including the committee of the whole and

meetings of legislative committees, must be open and public.

Section 15. Members of the legislative assembly are immune from arrest during their

attendance at the sessions, and in going to or returning from the sessions, except in cases of felony.

Members of the legislative assembly may not be questioned in any other place for any words used in

any speech or debate in legislative proceedings.

Section 16. Any amendment to this constitution may be proposed in either house of the

legislative assembly, and if agreed to upon a roll call by a majority of the members elected to each

house, must be submitted to the electors and if a majority of the votes cast thereon are in the

affirmative, the amendment is a part of this constitution.

Sections 17 and 18. Repealed.

Section 19. Renumbered.

Sections 20 to 46. Repealed.


ARTICLE FIVE

EXECUTIVE BRANCH


Section 1. The executive power is vested in the governor, who shall reside in the state

capital and shall hold the office for the term of four years beginning in the year 2000, and until a

successor is elected and qualified.

Section 2. The qualified electors of the state at the times and places of choosing

members of the legislative assembly shall choose a governor, lieutenant governor, agriculture

commissioner, attorney general, auditor, insurance commissioner, three public service

commissioners, secretary of state, superintendent of public instruction, tax commissioner, and

treasurer. The legislative assembly may by law provide for a department of labor to be

administered by a public official who may be either elected or appointed.

The powers and duties of the agriculture commissioner, attorney general, auditor,

insurance commissioner, public service commissioners, secretary of state, superintendent of

public instruction, tax commissioner, and treasurer must be prescribed by law. If the legislative

assembly establishes a labor department, the powers and duties of the officer administering that

department must be prescribed by law.

Section 3. The governor and the lieutenant governor must be elected on a joint ballot.

Each vote cast for a candidate for governor is deemed cast also for the candidate for lieutenant

governor running jointly with the candidate for governor. The joint candidates having the highest

number of votes must be declared elected. If two or more joint candidates have an equal and

highest number of votes for governor and lieutenant governor, the legislative assembly in joint

session at its next regular session shall choose one pair of joint candidates for the offices. The

returns of the election for governor and lieutenant governor must be made in the manner

prescribed by law.

Section 4. To be eligible to hold an elective office established by this article, a person

must be a qualified elector of this state, must be at least twenty-five years of age on the day of

the election, and must have been a resident of this state for the five years preceding election to

office. To be eligible to hold the office of governor or lieutenant governor, a person must be at

least thirty years old on the day of the election. The attorney general must be licensed to

practice law in this state.

Section 5. The qualified electors shall choose the elected state officials at a time

designated by the legislative assembly. The elected state officials shall serve until their

successors are duly qualified. Terms of office of the elected officials except the public service

commissioners are four years, except that in 2004 the agriculture commissioner, attorney

general, secretary of state, and tax commissioner are elected to a term of two years. The terms

of the public service commissioners are six years, so arranged that one of them is elected every

two years. The terms of the governor and lieutenant governor begin on December fifteenth

following their election.

If two or more candidates for any executive office other than for governor and lieutenant

governor receive an equal and highest number of votes, the legislative assembly in joint session

shall choose one of them for the office.

Section 6. The elected state officials and the chief executive officers of the principal

departments shall hold office in the state capital.

Section 7. The governor is the chief executive of the state. The governor shall have the

responsibility to see that the state's business is well administered and that its laws are faithfully

executed.

The governor is commander-in-chief of the state's military forces, except when they are

called into the service of the United States, and the governor may mobilize them to execute the

laws and maintain order.

The governor shall prescribe the duties of the lieutenant governor in addition to those

prescribed in this article.

The governor may call special sessions of the legislative assembly.

The governor shall present information on the condition of the state, together with any

recommended legislation, to every regular and special session of the legislative assembly.

The governor shall transact and supervise all necessary business of the state with the

United States, the other states, and the officers and officials of this state.

The governor may grant reprieves, commutations, and pardons. The governor may

delegate this power in a manner provided by law.

Section 8. The governor may fill a vacancy in any office by appointment if no other

method is provided by this constitution or by law. If, while the senate is recessed or adjourned, a

vacancy occurs in any office that is filled by appointment with senate confirmation, the governor

shall make a temporary appointment to the office. When the senate reconvenes the governor

shall make a nomination to fill the office. Except on request of the senate, no nominee rejected

by the senate may again be nominated for that office at the same session, nor may the nominee

be appointed to that office during a recess or adjournment of the senate.

Section 9. Every bill passed by the legislative assembly must be presented to the

governor for the governor's signature. If the governor signs the bill, it becomes law.

The governor may veto a bill passed by the legislative assembly. The governor may veto

items in an appropriation bill. Portions of the bill not vetoed become law.

The governor shall return for reconsideration any vetoed item or bill, with a written

statement of the governor's objections, to the house in which it originated. That house shall

immediately enter the governor's objections upon its journal. If, by a recorded vote, two-thirds of

the members elected to that house pass a vetoed item or bill, it, along with the statement of the

governor's objections, must immediately be delivered to the other house. If, by a recorded vote,

two-thirds of the members elected to the other house also pass it, the vetoed item or bill

becomes law.

While the legislative assembly is in session, a bill becomes law if the governor neither

signs nor vetoes it within three legislative days after its delivery to the governor. If the legislative

assembly is not in session, a bill becomes law if the governor neither signs nor vetoes it within

fifteen days, Saturdays and Sundays excepted, after its delivery to the governor.

Section 10. A governor who asks, receives, or agrees to receive any bribe upon any

understanding that the governor's official opinion, judgment, or action shall be influenced thereby,

or who gives or offers, or promises the governor's official influence in consideration that any

member of the legislative assembly shall give the member's official vote or influence on any

particular side of any question or matter upon which the member may be required to act in the

member's official capacity, or who menaces any member by the threatened use of the governor's

veto power, or who offers or promises any member that the governor will appoint any particular

person or persons to any office created or thereafter to be created, in consideration that any

member shall give the member's official vote or influence on any matter pending or thereafter to

be introduced into either house of the legislative assembly, or who threatens any member that

the governor will remove any person or persons from office or position with intent in any manner

to influence the action of that member, must be punished in the manner now, or that may

hereafter be, provided by law, and upon conviction thereof forfeits all right to hold or exercise any

office of trust or honor in this state.

Section 11. The lieutenant governor shall succeed to the office of governor when a

vacancy occurs in the office of governor. If, during a vacancy in the office of governor, the

lieutenant governor is unable to serve because of death, impeachment, resignation, failure to

qualify, removal from office, or disability, the secretary of state shall act as governor until the

vacancy is filled or the disability removed.

Section 12. The lieutenant governor shall serve as president of the senate. If the senate

is equally divided on a question, the lieutenant governor may vote on procedural matters and on

substantive matters if the lieutenant governor's vote would be decisive.


ARTICLE SIX

JUDICIAL BRANCH


Section 1. The judicial power of the state is vested in a unified judicial system consisting

of a supreme court, a district court, and such other courts as may be provided by law.

Section 2. The supreme court shall be the highest court of the state. It shall have

appellate jurisdiction, and shall also have original jurisdiction with authority to issue, hear, and

determine such original and remedial writs as may be necessary to properly exercise its

jurisdiction. The supreme court shall consist of five justices, one of whom shall be designated

chief justice in the manner provided by law.

Section 3. The supreme court shall have authority to promulgate rules of procedure,

including appellate procedure, to be followed by all the courts of this state; and, unless otherwise

provided by law, to promulgate rules and regulations for the admission to practice, conduct,

disciplining, and disbarment of attorneys at law.

The chief justice shall be the administrative head of the unified judicial system. He may

assign judges, including retired judges, for temporary duty in any court or district under such

rules and regulations as may be promulgated by the supreme court. The chief justice shall

appoint a court administrator for the unified judicial system. Unless otherwise provided by law,

the powers, duties, qualifications, and terms of office of the court administrator, and other court

officials, shall be as provided by rules of the court.

Section 4. A majority of the supreme court shall be necessary to constitute a quorum or

to pronounce a decision, provided that the supreme court shall not declare a legislative

enactment unconstitutional unless at least four of the members of the court so decide.

Section 5. When a judgment or order is reversed, modified, or confirmed by the

supreme court, the reasons shall be concisely stated in writing, signed by the justices concurring,

filed in the office of the clerk of the supreme court, and preserved with a record of the case. Any

justice dissenting may give the reason for his dissent in writing over his signature.

Section 6. Appeals shall be allowed from decisions of lower courts to the supreme court

as may be provided by law.

Section 7. The justices of the supreme court shall be chosen by the electors of the state

for ten-year terms, so arranged that one justice is elected every two years. They shall hold office

until their successors are duly qualified, and shall receive compensation as provided by law, but

the compensation of any justice shall not be diminished during his term of office.

Section 8. The district court shall have original jurisdiction of all causes, except as

otherwise provided by law, and such appellate jurisdiction as may be provided by law or by rule

of the supreme court. The district court shall have authority to issue such writs as are necessary

to the proper exercise of its jurisdiction.

Section 9. The state shall be divided into judicial districts by order of the supreme court.

In each district, one or more judges, as provided by law, shall be chosen by the electors of the

district. The term of office shall be six years, and a district judge shall hold office until his

successor is duly qualified. The compensation of district judges shall be fixed by law, but the

compensation of any district judge shall not be diminished during his term of office.

Section 10. Supreme court justices and district court judges shall be citizens of the

United States and residents of this state, shall be learned in the law, and shall possess any

additional qualifications prescribed by law. Judges of other courts shall be selected for such

terms and shall have such qualifications as may be prescribed by law.

Page No. 14

No justice of the supreme court or judge of the district court of this state shall engage in

the practice of law, or hold any public office, elective or appointive, not judicial in nature. No

duties shall be imposed by law upon the supreme court or any of the justices thereof, except

such as are judicial, nor shall any of the justices exercise any power of appointment except as

herein provided. No judge of any court of this state shall be paid from the fees of his office, nor

shall the amount of his compensation be measured by fees, other moneys received, or the

amount of judicial activity of his office.

Section 11. When any justice or judge has a conflict of interest in a pending cause or is

unable to sit in court because he is physically or mentally incapacitated, the chief justice, or a

justice acting in his stead, shall assign a judge, or retired justice or judge, to hear the cause.

Section 12. The legislative assembly may provide for the retirement, discipline, and

removal of judges. The removal procedure provided for herein may be used in addition to the

impeachment proceedings provided for in article XI, sections 8, 9, and 10, and removal provided

for in article XI, section 11.

Section 12.1. The legislative assembly may provide for the retirement, discipline and

removal of judges of the supreme court and district court. The removal procedure provided for

herein may be used in addition to the impeachment proceedings provided for in article XI,

sections 8, 9, and 10.

Section 13.

1. A judicial nominating committee must be established by law. The governor shall fill

any vacancy in the office of supreme court justice or district court judge by

appointment from a list of candidates nominated by the committee, unless the

governor calls a special election to fill the vacancy for the remainder of the term.

Except as provided in subsection 2, an appointment must continue until the next

general election, when the office must be filled by election for the remainder of the

term.

2. An appointment must continue for at least two years. If the term of the appointed

judgeship expires before the judge has served at least two years, the judge shall

continue in the position until the next general election immediately following the

service of at least two years.

3. Notwithstanding sections 7 and 9 of this article, the term of the judge elected at the

subsequent general election provided for in subsection 2 is reduced to the number of

years remaining in the subsequent term after the appointee has served at least two

years.


ARTICLE SEVEN

POLITICAL SUBDIVISIONS


Section 1. The purpose of this article is to provide for maximum local self-government by

all political subdivisions with a minimum duplication of functions.

Section 2. The legislative assembly shall provide by law for the establishment and the

government of all political subdivisions. Each political subdivision shall have and exercise such

powers as provided by law.

Section 3. The several counties of the state of North Dakota as they now exist are

hereby declared to be counties of the state of North Dakota.

Section 4. The legislative assembly shall provide by law for relocating county seats

within counties, but it shall have no power to remove the county seat of any county.

Section 5. Methods and standards by which all or any portion of a county or counties

may be annexed, merged, consolidated, reclassified, or dissolved shall be as provided by law.

No portion of any county or counties shall be annexed, merged, consolidated, or dissolved unless

a majority of the electors of each affected county voting on the question so approve.

Section 6. The legislative assembly shall provide by law for the establishment and

exercise of home rule in counties and cities. No home rule charter shall become operative in any

county or city until submitted to the electors thereof and approved by a majority of those voting

thereon. In granting home rule powers to cities, the legislative assembly shall not be restricted

by city debt limitations contained in this constitution.

Section 7. The legislative assembly shall also provide by law for optional forms of

government for counties, but no optional form of government shall become operative in any

county until submitted to the electors thereof at a special or general election, and approved by a

majority of those voting thereon.

Until one of the optional forms of county government is adopted by any county, the fiscal

and administrative affairs of the county shall be governed by a board of county commissioners as

provided by law.

Section 8. Each county shall provide for law enforcement, administrative and fiscal

services, recording and registration services, educational services, and any other governmental

services or functions as may be provided by law. Any elective office provided for by the counties

shall be for a term of four years. Elective officers shall be elected by the electors in the

jurisdiction in which the elected officer is to serve. A candidate for election for sheriff must be a

resident in the jurisdiction in which the candidate is to serve at the time of the election. The office

of sheriff shall be elected. The legislative assembly may provide by law for the election of any

county elective officer, other than the sheriff, to serve one or more counties provided the affected

counties agree to the arrangement and any candidate elected to the office is a qualified elector of

one of the affected counties.

Section 9. Questions of the form of government to be adopted by any county or on the

elimination or reinstatement of elective county offices may be placed upon the ballot by petition

of electors of the county equal in number to twenty-five percent of the votes cast in the county for

the office of governor at the preceding gubernatorial election.

Section 10. Agreements, including those for cooperative or joint administration of any

powers or functions, may be made by any political subdivision with any other political subdivision,

with the state, or with the United States, unless otherwise provided by law or home rule charter.

A political subdivision may by mutual agreement transfer to the county in which it is located any

of its powers or functions as provided by law or home rule charter, and may in like manner

revoke the transfer.

Page No. 16

Section 11. The power of the governing board of a city to franchise the construction and

operation of any public utility or similar service within the city shall not be abridged by the

legislative assembly.


ARTICLE EIGHT

EDUCATION


Section 1. A high degree of intelligence, patriotism, integrity and morality on the part of

every voter in a government by the people being necessary in order to insure the continuance of

that government and the prosperity and happiness of the people, the legislative assembly shall

make provision for the establishment and maintenance of a system of public schools which shall

be open to all children of the state of North Dakota and free from sectarian control. This

legislative requirement shall be irrevocable without the consent of the United States and the

people of North Dakota.

Section 2. The legislative assembly shall provide for a uniform system of free public

schools throughout the state, beginning with the primary and extending through all grades up to

and including schools of higher education, except that the legislative assembly may authorize

tuition, fees and service charges to assist in the financing of public schools of higher education.

Section 3. In all schools instruction shall be given as far as practicable in those branches

of knowledge that tend to impress upon the mind the vital importance of truthfulness,

temperance, purity, public spirit, and respect for honest labor of every kind.

Section 4. The legislative assembly shall take such other steps as may be necessary to

prevent illiteracy, secure a reasonable degree of uniformity in course of study, and to promote

industrial, scientific, and agricultural improvements.

Section 5. All colleges, universities, and other educational institutions, for the support of

which lands have been granted to this state, or which are supported by a public tax, shall remain

under the absolute and exclusive control of the state. No money raised for the support of the

public schools of the state shall be appropriated to or used for the support of any sectarian

school.

Section 6.

1. A board of higher education, to be officially known as the state board of higher

education, is hereby created for the control and administration of the following state

educational institutions, to wit:

a. The state university and school of mines, at Grand Forks, with their substations.

b. The state agricultural college and experiment station, at Fargo, with their

substations.

c. The school of science, at Wahpeton.

d. The state normal schools and teachers colleges, at Valley City, Mayville, Minot,

and Dickinson.

e. The school of forestry, at Bottineau.

f. And such other state institutions of higher education as may hereafter be

established.

2. a. The state board of higher education consists of eight members. The governor

shall appoint seven members who are qualified electors and taxpayers of the

state, and who have resided in this state for not less than five years

immediately preceding their appointments. These seven appointments are

subject to confirmation by the senate.

The governor shall appoint as the eighth member of the board a full-time

resident student in good academic standing at an institution under the

jurisdiction of the state board. Except for the student member, no more than

two persons holding a bachelor's degree from a particular institution under the

jurisdiction of the state board of higher education may serve on the board at

any one time. Except for the student member, no person employed by any

institution under the control of the board shall serve as a member of the board

and no employee of any such institution may be eligible for membership on the

state board of higher education for a period of two years following the

termination of employment.

The governor shall nominate from a list of three names for each position,

selected by action of four of the following five persons: the president of the

North Dakota education association, the chief justice of the supreme court, the

superintendent of public instruction, the president pro tempore of the senate,

and the speaker of the house of representatives and, with the consent of a

majority of the members-elect of the senate, shall appoint from the list to the

state board of higher education seven members. The governor shall ensure

that the board membership is maintained in a balanced and representative

manner. The term of office of members appointed to fill vacancies at the

expiration of said terms shall be for four years, and in the case of vacancies

otherwise arising, appointments shall be made only for the balance of the term

of the members whose places are to be filled. A member may not be

appointed to serve for more than two terms. If a member is appointed to fill a

vacancy and serves two or more years of that term, the member is deemed to

have served one full term.

b. In the event any nomination made by the governor is not consented to and

confirmed by the senate, the governor shall again nominate a candidate

selected from a new list. The nomination shall be submitted to the senate for

confirmation and the proceedings shall continue until an appointee has been

confirmed by the senate or the session of the legislature has adjourned.

c. If a term expires or a vacancy occurs when the legislature is not in session, the

governor may appoint from a list selected as provided, a member who shall

serve until the opening of the next session of the legislature, at which time the

appointment must be certified to the senate for confirmation. If the appointee is

not confirmed by the thirtieth legislative day of the session, the office shall be

deemed vacant and the governor shall nominate another candidate for the

office. The same proceedings shall be followed as are set forth in this section.

If the legislature is in session at any time within six months prior to the date of

the expiration of the term of any member, the governor shall nominate a

successor from a list selected as above set forth, within the first thirty days of

the session and upon confirmation by the senate the successor shall take office

at the expiration of the incumbent's term. No person who has been nominated

and whose nomination the senate has failed to confirm is eligible for an interim

appointment. On or before July first of each year, beginning in 1995, the

governor shall appoint a student member from a list of names recommended

by the executive board of the North Dakota student association for a term of

one year, beginning on July first. A student member may not serve more than

two consecutive terms.

3. The members of the state board of higher education may only be removed by

impeachment for the offenses and in the manner and according to the procedure

provided for the removal of the governor by impeachment proceedings.

4. Each appointive member of the state board of higher education, except the student

member, shall receive compensation set by the legislative assembly for the time

actually spent devoted to the duties of the member's office. All members shall

receive necessary expenses in the same manner and amounts as other state

officials for attending meetings and performing other functions of their office.

5. The legislature shall provide adequate funds for the proper carrying out of the

functions and duties of the state board of higher education.

6. a. The state board of higher education shall hold its first meeting at the office of

the state board of administration at Bismarck, on the 6th day of July, 1939, and

shall organize and elect one of its members as president of such board for a

term of one year. It shall also at said meeting, or as soon thereafter as may be

practicable, elect a competent person as secretary, who shall reside during his

term of office in the city of Bismarck, North Dakota. Said secretary shall hold

office at the will of the board. As soon as said board is established and

organized, it shall assume all the powers and perform all the duties now

conferred by law upon the board of administration in connection with the

several institutions hereinbefore mentioned, and the said board of

administration shall immediately upon the organization of said state board of

higher education, surrender and transfer to said state board of higher education

all duties, rights, and powers granted to it under the existing laws of this state

concerning the institutions hereinbefore mentioned, together with all property,

deeds, records, reports, and appurtenances of every kind belonging or

appertaining to said institutions.

b. The said state board of higher education shall have full authority over the

institutions under its control with the right, among its other powers, to prescribe,

limit, or modify the courses offered at the several institutions. In furtherance of

its powers, the state board of higher education shall have the power to delegate

to its employees details of the administration of the institutions under its control.

The said state board of higher education shall have full authority to organize or

reorganize within constitutional and statutory limitations, the work of each

institution under its control, and do each and everything necessary and proper

for the efficient and economic administration of said state educational

institutions.

c. Said board shall prescribe for all of said institutions standard systems of

accounts and records and shall biennially, and within six (6) months

immediately preceding the regular session of the legislature, make a report to

the governor, covering in detail the operations of the educational institutions

under its control.

d. It shall be the duty of the heads of the several state institutions hereinbefore

mentioned, to submit the budget requests for the biennial appropriations for

said institutions to said state board of higher education; and said state board of

higher education shall consider said budgets and shall revise the same as in its

judgment shall be for the best interests of the educational system of the state;

and thereafter the state board of higher education shall prepare and present to

the state budget board and to the legislature a single unified budget covering

the needs of all the institutions under its control. "Said budget shall be

prepared and presented by the board of administration until the state board of

higher education organizes as provided in subsection 6a." The appropriations

for all of said institutions shall be contained in one legislative measure. The

budgets and appropriation measures for the agricultural experiment stations

and their substations and the extension division of the North Dakota state

university of agriculture and applied science may be separate from those of

state educational institutions.

e. The said state board of higher education shall have the control of the

expenditure of the funds belonging to, and allocated to such institutions and

also those appropriated by the legislature, for the institutions of higher

education in this state; provided, however, that funds appropriated by the

legislature and specifically designated for any one or more of such institutions,

shall not be used for any other institution.

7. a. The state board of higher education shall, as soon as practicable, appoint for a

term of not to exceed three (3) years, a state commissioner of higher

education, whose principal office shall be at the state capitol, in the city of

Bismarck. Said commissioner of higher education shall be responsible to the

state board of higher education and shall be removable by said board for

cause.

b. The state commissioner of higher education shall be a graduate of some

reputable college or university, and who by training and experience is familiar

with the problems peculiar to higher education.

c. Such commissioner of higher education shall be the chief executive officer of

said state board of higher education, and shall perform such duties as shall be

prescribed by the board.

8. This constitutional provision shall be self-executing and shall become effective

without the necessity of legislative action.


ARTICLE NINE

TRUST LANDS


Section 1. All proceeds of the public lands that have been, or may be granted by the

United States for the support of the common schools in this state; all such per centum as may be

granted by the United States on the sale of public lands; the proceeds of property that fall to the

state by escheat; all gifts, donations, or the proceeds thereof that come to the state for support of

the common schools, or not otherwise appropriated by the terms of the gift, and all other property

otherwise acquired for common schools, must be and remain a perpetual trust fund for the

maintenance of the common schools of the state. All property, real or personal, received by the

state from whatever source, for any specific educational or charitable institution, unless otherwise

designated by the donor, must be and remain a perpetual trust fund for the creation and

maintenance of such institution, and may be commingled only with similar funds for the same

institution. If a gift is made to an institution for a specific purpose, without designating a trustee,

the gift may be placed in the institution's fund; provided that such a donation may be expended

as the terms of the gift provide. Revenues earned by a perpetual trust fund must be deposited in

the fund. The costs of administering a perpetual trust fund may be paid out of the fund. The

perpetual trust funds must be managed to preserve their purchasing power and to maintain

stable distributions to fund beneficiaries.

Section 2. Distributions from the common schools trust fund, together with the net

proceeds of all fines for violation of state laws and all other sums which may be added by law,

must be faithfully used and applied each year for the benefit of the common schools of the state

and no part of the fund must ever be diverted, even temporarily, from this purpose or used for

any purpose other than the maintenance of common schools as provided by law. Distributions

from an educational or charitable institution's trust fund must be faithfully used and applied each

year for the benefit of the institution and no part of the fund may ever be diverted, even

temporarily, from this purpose or used for any purpose other than the maintenance of the

institution, as provided by law.

For the biennium during which this amendment takes effect, distributions from the

perpetual trust funds must be the greater of the amount distributed in the preceding biennium or

ten percent of the five-year average value of trust assets, excluding the value of lands and

minerals. Thereafter, biennial distributions from the perpetual trust funds must be ten percent of

the five-year average value of trust assets, excluding the value of lands and minerals. The

average value of trust assets is determined by using the assets' ending value for the fiscal year

that ends one year before the beginning of the biennium and the assets' ending value for the four

preceding fiscal years. Equal amounts must be distributed during each year of the biennium.

Section 3. The superintendent of public instruction, governor, attorney general, secretary

of state and state treasurer comprise a board of commissioners, to be denominated the "board of

university and school lands". Subject to the provisions of this article and any law that may be

passed by the legislative assembly, the board has control of the appraisement, sale, rental, and

disposal of all school and university lands, and the proceeds from the sale of such lands shall be

invested as provided by law.

Section 4. The public officers designated by law shall constitute boards of appraisal and

under the authority of the state board of university and school lands shall appraise all school

lands within their respective counties which they may from time to time recommend for sale at

their actual value under the prescribed terms and shall first select and designate for sale the

most valuable lands.

Section 5. After one year from the assembling of the first legislative assembly the lands

granted to the state from the United States for the support of the common schools, may be sold

upon the following conditions and no other: No more than one-fourth of all such lands shall be

sold within the first five years after the same become salable by virtue of this section. No more

than one-half of the remainder within ten years after the same become salable as aforesaid. The

residue may be sold at any time after the expiration of said ten years. The legislative assembly

shall provide for the sale of all school lands subject to the provisions of this article. In all sales of

lands subject to the provisions of this article all minerals therein, including but not limited to oil,

gas, coal, cement materials, sodium sulphate, sand and gravel, road material, building stone,

chemical substances, metallic ores, uranium ores, or colloidal or other clays, shall be reserved

and excepted to the state of North Dakota, except that leases may be executed for the extraction

and sale of such materials in such manner and upon such terms as the legislative assembly may

provide.

Section 6. No original grant school or institutional land shall be sold for less than the fair

market value thereof, and in no case for less than ten dollars ($10.00) per acre, provided that

when lands have been sold on contract and the contract has been canceled, such lands may be

resold without reappraisement by the board of appraisal. The purchaser shall pay twenty (20)

percent of the purchase price at the time the contract is executed; thereafter annual payments

shall be made of not less than six (6) percent of the original purchase price. An amount equal to

not less than three (3) percent per annum of the unpaid principal shall be credited to interest and

the balance shall be applied as payment on principal as credit on purchase price. The purchaser

may pay all or any installment or installments not yet due to any interest paying date. If the

purchaser so desires, he may pay the entire balance due on his contract with interest to date of

payment at any time and he will then be entitled to proper conveyance.

All sales shall be held at the county seat of the county in which the land to be sold is

situated, and shall be at public auction and to the highest bidder, and notice of such sale shall be

published once each week for a period of three weeks prior to the day of sale in a legal

newspaper published nearest the land and in the newspaper designated for the publication of the

official proceedings and legal notices within the county in which said land is situated.

No grant or patent for such lands shall issue until payment is made for the same;

provided that the land contracted to be sold by the state shall be subject to taxation from the date

of the contract. In case the taxes assessed against any of said lands for any year remain unpaid

until the first Monday in October of the following year, the contract of sale for such land shall, if

the board of university and school lands so determine, by it, be declared null and void. No

contract of sale heretofore made under the provisions of this section of the constitution as then

providing shall be affected by this amendment, except prepayment of principal may be made as

herein provided.

Any of said lands that may be required for townsite purposes, schoolhouse sites, church

sites, cemetery sites, sites for other educational or charitable institutions, public parks, airplane

landing fields, fairgrounds, public highways, railroad right of way, or other railroad uses and

purposes, reservoirs for the storage of water for irrigation, irrigation canals, and ditches, drainage

ditches, or for any of the purposes for which private lands may be taken under the right of

eminent domain under the constitution and laws of this state, may be sold under the provisions of

this article, and shall be paid for in full at the time of sale, or at any time thereafter as herein

provided. Any of said lands and any other lands controlled by the board of university and school

lands, including state coal mineral interests, may, with the approval of said board, be exchanged

for lands and coal mineral interests of the United States, the state of North Dakota or any county

or municipality thereof as the legislature may provide, and the lands so acquired shall be subject

to the trust to which the lands exchanged therefor were subject, and the state shall reserve all

mineral and water power rights in land so transferred, except coal mineral interests approved for

exchange by the board of university and school lands under this section.

When any of said lands have been heretofore or may be hereafter sold on contract, and

the purchaser or his heirs or assigns is unable to pay in full for the land purchased within twenty

years after the date of purchase and such contract is in default and subject to being declared null

and void as by law provided, the board of university and school lands may, after declaring such

contract null and void, resell the land described in such contract to such purchaser, his heirs or

assigns, for the amount of the unpaid principal, together with interest thereon reckoned to the

date of such resale at the rate of not less than three (3%) percent, but in no case shall the resale

price be more than the original sale price; such contract of resale shall be upon the terms herein

provided, provided this section shall be deemed self-executing insofar as the provisions for

resale herein made are concerned.

Section 7. All lands received by the state for any specific educational or charitable

institution shall be appraised and sold in the same manner and under the same limitations and

subject to all the conditions as to price and sale as provided in this constitution for the appraisal

and sale of lands for the benefit of common schools. However, a distinct and separate account

shall be kept by the proper officers of each of said funds and the limitations as to the time in

which school land may be sold shall apply only to lands granted for the support of common

schools.

Section 8. The legislative assembly shall have authority to provide by law for the leasing

of lands granted to the state for educational and charitable purposes; but no such law shall

authorize the leasing of said lands for a longer period than five years. Said lands shall only be

leased for pasturage and meadow purposes and at a public auction after notice as heretofore

provided in case of sale; provided, that all of said school lands now under cultivation may be

leased, at the discretion and under the control of the board of university and school lands, for

other than pasturage and meadow purposes until sold. All rents shall be paid in advance.

Provided, further, that coal lands may also be leased for agricultural cultivation upon such

terms and conditions and for such a period, not exceeding five years, as the legislature may

provide.

Section 9. No law shall ever be passed by the legislative assembly granting to any

person, corporation or association any privileges by reason of the occupation, cultivation or

improvement of any public lands by said person, corporation or association subsequent to the

survey thereof by the general government. No claim for the occupation, cultivation or

improvement of any public lands shall ever be recognized, nor shall such occupation, cultivation

or improvement of any public lands ever be used to diminish either directly or indirectly, the

purchase price of said lands.

Section 10. The legislative assembly may provide by law for the sale or disposal of all

public lands that have been, or may hereafter be granted by the United States to the state for

purposes other than set forth in article IX, section 1. The legislative assembly in providing for the

appraisal, sale, rental, and disposal of the same shall not be subject to the provisions and

limitations of article IX, sections 1 through 11.

Section 11. The legislative assembly shall pass suitable laws for the safekeeping,

transfer and disbursement of the state school funds; and shall require all officers charged with

the same or the safekeeping thereof to give ample bonds for all moneys and funds received by

them, and if any of said officers shall convert to his own use in any manner or form, or shall loan

with or without interest or shall deposit in his own name, or otherwise than in the name of the

state of North Dakota, or shall deposit in any banks or with any person or persons, or exchange

for other funds or property any portion of the school funds aforesaid or purposely allow any

portion of the same to remain in his own hands uninvested, except in the manner prescribed by

law, every such act shall constitute an embezzlement of so much of the aforesaid school funds

as shall be thus taken or loaned, or deposited, or exchanged, or withheld and shall be a felony;

and any failure to pay over, produce or account for, the state school funds or any part of the

same entrusted to any such officer, as by law required or demanded, shall be held and be taken

to be prima facie evidence of such embezzlement.

Section 12. The following public institutions of the state are permanently located at the

places hereinafter named, each to have the lands specifically granted to it by the United States in

the Act of Congress approved February 22, 1889, to be disposed of and used in such manner as

the legislative assembly may prescribe subject to the limitations provided in the article on school

and public lands contained in this constitution.

1. The seat of government at the city of Bismarck in the county of Burleigh.

2. The state university and the school of mines at the city of Grand Forks, in the county

of Grand Forks.

3. The North Dakota state university of agriculture and applied science at the city of

Fargo, in the county of Cass.

4. A state normal school at the city of Valley City, in the county of Barnes, and the

legislative assembly, in apportioning the grant of eighty thousand acres of land for

normal schools made in the Act of Congress referred to shall grant to the said

normal school at Valley City, as aforementioned, fifty thousand (50,000) acres, and

said lands are hereby appropriated to said institution for that purpose.

5. The school for the deaf and dumb of North Dakota at the city of Devils Lake, in the

county of Ramsey.

6. A state training school at the city of Mandan, in the county of Morton.

7. A state normal school at the city of Mayville, in the county of Traill, and the

legislative assembly in apportioning the grant of lands made by Congress in the Act

aforesaid for state normal schools shall assign thirty thousand (30,000) acres to the

institution hereby located at Mayville, and said lands are hereby appropriated for

said purpose.

8. A state hospital for the insane at the city of Jamestown, in the county of Stutsman.

And the legislative assembly shall appropriate twenty thousand acres of the grant of

lands made by the Act of Congress aforesaid for other educational and charitable

institutions to the benefit and for the endowment of said institution, and there shall

be located at or near the city of Grafton, in the county of Walsh, an institution for the

feebleminded, on the grounds purchased by the secretary of the interior for a

penitentiary building.

Section 13. The following public institutions are located as provided, each to have so

much of the remaining grant of one hundred seventy thousand acres of land made by the United

States for "other educational and charitable institutions" as is allotted by law:

1. A soldiers' home, when located, or such other charitable institution as the legislative

assembly may determine, at the city of Lisbon in the county of Ransom, with a grant

of forty thousand acres of land.

2. The school for the blind at the city of Grand Forks in the county of Grand Forks or at

such other location as may be determined by the legislative assembly to be in the

best interests of the students of such institution and the state of North Dakota.

3. A school of forestry, or such other institution as the legislative assembly may

determine, at such place in one of the counties of McHenry, Ward, Bottineau, or

Rolette, as the electors of said counties may determine by an election for that

purpose, to be held as provided by the legislative assembly.

4. A school of science or such other educational or charitable institution as the

legislative assembly may prescribe, at the city of Wahpeton in the county of

Richland, with a grant of forty thousand acres.

5. A state college at the city of Minot in the county of Ward.

6. A state college at the city of Dickinson in the county of Stark.

7. A state hospital for the mentally ill at such place within this state as shall be selected

by the legislative assembly.

No other institution of a character similar to any one of those located by article IX, section 12, or

this section shall be established or maintained without an amendment of this constitution.


ARTICLE TEN

FINANCE AND PUBLIC DEBT


Section 1. The legislative assembly shall be prohibited from raising revenue to defray the

expenses of the state through the levying of a tax on the assessed value of real or personal

property.

Section 2. The power of taxation shall never be surrendered or suspended by any grant or

contract to which the state or any county or other municipal corporation shall be a party.

Section 3. No tax shall be levied except in pursuance of law, and every law imposing a tax

shall state distinctly the object of the same, to which only it shall be applied. Notwithstanding the

foregoing or any other provisions of this constitution, the legislative assembly, in any law

imposing a tax or taxes on, in respect to or measured by income, may define the income on, in

respect to or by which such tax or taxes are imposed or measured or may define the tax itself by

reference to any provision of the laws of the United States as the same may be or become

effective at any time or from time to time, and may prescribe exceptions or modifications to any

such provision.

Section 4. All taxable property except as hereinafter in this section provided, shall be

assessed in the county, city, township, village or district in which it is situated, in the manner

prescribed by law. The property, including franchises of all railroads operated in this state, and

of all express companies, freight line companies, dining car companies, sleeping car

companies, car equipment companies, or private car line companies, telegraph or telephone

companies, the property of any person, firm or corporation used for the purpose of furnishing

electric light, heat or power, or in distributing the same for public use, and the property of any

other corporation, firm or individual now or hereafter operating in this state, and used directly or

indirectly in the carrying of persons, property or messages, shall be assessed by the state board

of equalization in a manner prescribed by such state board or commission as may be provided

by law. But should any railroad allow any portion of its railway to be used for any purpose other

than the operation of a railroad thereon, such portion of its railway, while so used shall be

assessed in a manner provided for the assessment of other real property.

Section 5. Taxes shall be uniform upon the same class of property including franchises

within the territorial limits of the authority levying the tax. The legislative assembly may by law

exempt any or all classes of personal property from taxation and within the meaning of this

section, fixtures, buildings and improvements of every character, whatsoever, upon land shall be

deemed personal property. The property of the United States, to the extent immunity from

taxation has not been waived by an act of Congress, property of the state, county, and

municipal corporations, to the extent immunity from taxation has not been waived by an act of

the legislative assembly, and property used exclusively for schools, religious, cemetery,

charitable or other public purposes shall be exempt from taxation. Real property used for

conservation or wildlife purposes is not exempt from taxation unless an exemption is provided

by the legislative assembly. Except as restricted by this article, the legislative assembly may

provide for raising revenue and fixing the situs of all property for the purpose of taxation.

Provided that all taxes and exemptions in force when this amendment is adopted shall remain in

force until otherwise provided by statute.

Section 6. Repealed.

Section 7. The legislature may by law provide for the levy and collection of an acreage tax

on lands within the state in addition to the limitations specified in article X, section 1, of the

constitution. The proceeds of such tax shall be used to indemnify the owners of growing crops

against damages by hail, provided that lands used exclusively for public roads, rights of way of

common carriers, mining, manufacturing or pasturage may be exempt from such tax.

Section 8. The legislative assembly shall pass all laws necessary to carry out the provisions

of this article.

Section 9. The legislative assembly may provide for the levy of a tax upon lands within the

state for the purpose of creating a fund to insure the owners of growing crops against losses by

hail. The legislative assembly may classify lands within the state, and divide the state into

districts on such basis as shall seem just and necessary, and may vary the tax rates in such

districts in accordance with the risk, in order to secure an equitable distribution of the burden of

the tax among the owners of such lands.

Section 10.

1. Upon the adoption of this amendment to the Constitution of the State of North Dakota

there shall be annually levied by the state of North Dakota one mill upon all of the

taxable property within the state of North Dakota which, when collected, shall be

covered into the state treasury of the state of North Dakota and placed to the credit of

the North Dakota state medical center at the university of North Dakota; said fund shall

be expended as the legislature shall direct for the development and maintenance

necessary to the efficient operation of the said North Dakota state medical center.

2. This amendment shall be self-executing, but legislation may be enacted to facilitate its

operation.

Section 11. Revenue from gasoline and other motor fuel excise and license taxation, motor

vehicle registration and license taxes, except revenue from aviation gasoline and unclaimed

aviation motor fuel refunds and other aviation motor fuel excise and license taxation used by

aircraft, after deduction of cost of administration and collection authorized by legislative

appropriation only, and statutory refunds, shall be appropriated and used solely for construction,

reconstruction, repair and maintenance of public highways, and the payment of obligations

incurred in the construction, reconstruction, repair and maintenance of public highways.

Section 12.

1. All public moneys, from whatever source derived, shall be paid over monthly by the

public official, employee, agent, director, manager, board, bureau, or institution of the

state receiving the same, to the state treasurer, and deposited by him to the credit of

the state, and shall be paid out and disbursed only pursuant to appropriation first made

by the legislature; provided, however, that there is hereby appropriated the necessary

funds required in the financial transactions of the Bank of North Dakota, and required

for the payment of losses, duly approved, payable from the state hail insurance fund,

state bonding fund, and state fire and tornado fund, and required for the payment of

compensation to injured employees or death claims, duly approved, payable from the

workmen's compensation fund, and required for authorized investments made by the

board of university and school lands, and required for the financial operations of the

state mill and elevator association, and required for the payment of interest and

principal of bonds and other fixed obligations of the state, and required for payments

required by law to be paid to beneficiaries of the teachers' insurance and retirement

fund, and required for refunds made under the provisions of the Retail Sales Tax Act,

and the State Income Tax Law, and the State Gasoline Tax Law, and the Estate and

Succession Tax Law, and the income of any state institution derived from permanent

trust funds, and the funds allocated under the law to the state highway department and

the various counties for the construction, reconstruction, and maintenance of public

roads.

This constitutional amendment shall not be construed to apply to fees and

moneys received in connection with the licensing and organization of physicians and

surgeons, pharmacists, dentists, osteopaths, optometrists, embalmers, barbers,

lawyers, veterinarians, nurses, chiropractors, accountants, architects, hairdressers,

chiropodists, and other similarly organized, licensed trades and professions; and this

constitutional amendment shall not be construed to amend or repeal existing laws or

Acts amendatory thereof concerning such fees and moneys.

2. No bills, claims, accounts, or demands against the state or any county or other political

subdivision shall be audited, allowed, or paid until a full itemized statement in writing

shall be filed with the officer or officers whose duty it may be to audit the same, and

then only upon warrant drawn upon the treasurer of such funds by the proper officer or

officers.

3. This amendment shall become effective on July 1, 1939.

Section 13.

The state may issue or guarantee the payment of bonds, provided that all

bonds in excess of two million dollars shall be secured by first mortgage upon real estate in

amounts not to exceed sixty-five percent of its value; or upon real and personal property of

state-owned utilities, enterprises, or industries, in amounts not exceeding its value, and provided

further, that the state shall not issue or guarantee bonds upon property of state-owned utilities,

enterprises, or industries in excess of ten million dollars.

No further indebtedness shall be incurred by the state unless evidenced by a bond issue,

which shall be authorized by law for certain purposes, to be clearly defined. Every law

authorizing a bond issue shall provide for levying an annual tax, or make other provision,

sufficient to pay the interest semiannually, and the principal within thirty years from the date of

the issue of such bonds and shall specially appropriate the proceeds of such tax, or of such

other provisions to the payment of said principal and interest, and such appropriation shall not

be repealed nor the tax or other provisions discontinued until such debt, both principal and

interest, shall have been paid. No debt in excess of the limit named herein shall be incurred

except for the purpose of repelling invasion, suppressing insurrection, defending the state in

time of war or to provide for the public defense in case of threatened hostilities.

Section 14.

1. Notwithstanding any other provision in the constitution, and for the purpose of

promoting the economic growth of the state, the development of its natural resources,

and the prosperity and welfare of its people, the state may issue bonds and use the

proceeds thereof to make loans to privately or cooperatively owned enterprises to

plan, construct, acquire, equip, improve, and extend facilities for converting natural

resources into power and generating and transmitting such power, and to acquire real

and personal property and water and mineral rights needed for such facilities.

2. The state may issue general obligation bonds for this purpose to an amount which,

with all outstanding general obligation bonds, less the amount of all money on hand

and taxes in process of collection which are appropriated for their payment, will not

exceed five percent of the full and true value of all of the taxable property in the state,

to be ascertained by the last assessment made for state and county purposes: but

nothing herein shall increase or diminish the limitations established by other provisions

of the constitution on the amount of bonds therein authorized to be issued.

3. The state may also issue revenue bonds for the purpose of providing part or all of the

funds required for any project undertaken under subsection 1, payable solely from

sums realized from payments of principal and interest on money loaned for such

project, and from other similar projects if so determined by the legislature, and from

the liquidation of security given for such payments. Revenue bonds issued for any

project shall not exceed the cost thereof, including all expenses reasonably incurred to

complete and finance the project, but shall not be subject to any other limitation of

amount.

4. The full faith and credit of the state shall be pledged for the prompt and full payment of

all bonds issued under subsection 2. Its obligation with respect to bonds issued under

subsection 3 shall be limited to the prompt and full performance of such covenants as

the legislature may authorize to be made respecting the enforcing of the provisions of

underlying loan agreements and the segregation, accounting, and application of bond

proceeds and of loan payments and other security pledged for the payment of the

bonds. All bonds authorized by subsections 1 to 3, inclusive, shall mature within forty

years from their respective dates of issue, but may be refunded at or before maturity in

such manner and for such term and upon such conditions as the legislature may

direct. Any such bonds may, but need not be, secured by mortgage upon real or

personal property acquired with the proceeds of the same or any other issue of

general obligation or revenue bonds, or upon other property mortgaged by the debtor.

Pledges of revenues and mortgages of property securing bonds of any issue may be

prior or subordinate to or on a parity with pledges and mortgages securing any other

issue of general obligation or revenue bonds, as determined by the legislature from

time to time in conformity with any provisions made for the security of outstanding

bonds.

5. The legislature shall pass such laws as are appropriate to implement this amendment.

6. If any subsection of this amendment, or any part of a subsection, or any application

thereof to particular circumstances should be held invalid for any reason, such

invalidity shall not affect the validity of all remaining provisions of this amendment

which may be given effect without that which is declared invalid, as applied to any

circumstances and for this purpose all subsections and parts of subsections and

applications thereof are declared to be severable.

Section 15. The debt of any county, township, city, town, school district or any other political

subdivision, shall never exceed five per centum upon the assessed value of the taxable property

therein; provided that any incorporated city may, by a two-thirds vote, increase such

indebtedness three per centum on such assessed value beyond said five per centum limit, and

a school district, by a majority vote may increase such indebtedness five percent on such

assessed value beyond said five per centum limit; provided also that any county or city by a

majority vote may issue bonds upon any revenue-producing utility owned by such county or city,

or for the purchasing or acquiring the same or building or establishment thereof, in amounts not

exceeding the physical value of such utility, industry or enterprise.

In estimating the indebtedness which a city, county, township, school district or any other

political subdivision may incur, the entire amount, exclusive of the bonds upon said

revenue-producing utilities, whether contracted prior or subsequent to the adoption of this

constitution, shall be included; provided further that any incorporated city may become indebted

in any amount not exceeding four per centum of such assessed value without regard to the

existing indebtedness of such city for the purpose of constructing or purchasing waterworks for

furnishing a supply of water to the inhabitants of such city, or for the purpose of constructing

sewers, and for no other purposes whatever. All bonds and obligations in excess of the amount

of indebtedness permitted by this constitution, given by any city, county, township, town, school

district, or any other political subdivision shall be void.

Section 16. Any city, county, township, town, school district or any other political subdivision

incurring indebtedness shall, at or before the time of so doing, provide for the collection of an

annual tax sufficient to pay the interest and also the principal thereof when due, and all laws or

ordinances providing for the payment of the interest or principal of any debt shall be irrepealable

until such debt be paid.

Section 17. No bond or evidence of indebtedness of the state is valid unless it has

endorsed thereon a certificate, signed by the auditor and secretary of state showing that the

bond or evidence of debt is issued pursuant to law and is within the debt limit. No bond or

evidence of debt of any county, or bond of any township or other political subdivision is valid

unless it has endorsed thereon a certificate signed by the officer authorized by law to sign such

certificate, stating that said bond or evidence of debt is issued pursuant to law and is within the

debt limit.

Section 18. The state, any county or city may make internal improvements and may

engage in any industry, enterprise or business, not prohibited by article XX of the constitution,

but neither the state nor any political subdivision thereof shall otherwise loan or give its credit or

make donations to or in aid of any individual, association or corporation except for reasonable

support of the poor, nor subscribe to or become the owner of capital stock in any association or

corporation.

Section 19. The legislative assembly is hereby authorized and empowered to provide by

law for the erection, purchasing or leasing and operation of one or more terminal grain elevators

in the states of Minnesota or Wisconsin, or both, to be maintained and operated in such manner

as the legislative assembly shall prescribe, and provide for inspection, weighing and grading of

all grain received in such elevator or elevators.

Section 20. The legislative assembly is hereby authorized and empowered to provide by

law for the erection, purchasing or leasing and operation of one or more terminal grain elevators

in the state of North Dakota, to be maintained and operated in such manner as the legislative

assembly shall prescribe, and provide for inspection, weighing and grading of all grain received

in such elevator or elevators.

Section 21. Not less than fifteen percent of the tax imposed for severing coal shall be

placed into a permanent trust fund in the state treasury to be held in trust and administered by

the board of university and school lands, which shall have full authority to invest said trust funds

as provided by law, and may loan moneys from the fund to political subdivisions as provided by

law. The interest earned on the moneys in said trust fund shall be used first to replace

uncollectable loans made from the fund, and the balance shall be credited to the general fund of

the state. Up to fifty percent of the taxes collected and deposited in the permanent trust fund

during a biennium may be appropriated by the legislative assembly for lignite research,

development, and marketing as provided by law. An additional twenty percent of the taxes

collected and deposited in the permanent trust fund during a biennium may be appropriated by

the legislative assembly for clean coal demonstration projects approved by the industrial

commission.

Section 22. The legislative assembly may provide by law for a percentage of revenue from

taxes imposed on the extraction or production of oil to be allocated and credited to a special

trust fund, to be known as the resources trust fund. The principal and income of the resources

trust fund may be expended only pursuant to legislative appropriation for:

1. Constructing water-related projects, including rural water systems; and

2. Funding of programs for energy conservation.

Section 23. The legislative assembly may provide for the payment of adjusted

compensation to North Dakota residents who were members of the regular active duty armed

forces and who served in the Persian Gulf theatre or in the Grenada, Lebanon, or Panama

areas of armed conflict as designated by the President of the United States or to heirs of North

Dakota residents who were members of the regular active duty armed forces and who died

while on orders to or from the Persian Gulf theatre or in the Grenada, Lebanon, or Panama

areas of armed conflict as designated by the President of the United States. The legislative

assembly may provide a direct appropriation or provide for the issuance, sale, and delivery of

bonds of the state of North Dakota in such principal amounts as determined by the legislative

assembly to be necessary for the payment of adjusted compensation under this section.

Adjusted compensation under this section may be paid at such rates, terms of service, and

conditions as the legislative assembly provides.

Section 24. Twenty percent of the revenue from oil extraction taxes from taxable oil

produced in this state must be allocated as follows:

1. Fifty percent must be deposited in the common schools trust fund.

2. Fifty percent must be deposited in the foundation aid stabilization fund in the state

treasury, the interest income of which must be transferred to the state general fund on

July first of each year. The principal of the foundation aid stabilization fund may be

expended only upon order of the governor, who may direct such a transfer only to

offset foundation aid reductions that were made by executive action pursuant to law

due to a revenue shortage.

Section 25. The veterans' postwar trust fund shall be a permanent trust fund of the state of

North Dakota and shall consist of moneys transferred or credited to the fund as authorized by

legislative enactment. Investment of the fund shall be the responsibility of the state treasurer

who shall have full authority to invest the fund only in the same manner as the state investment

board is authorized to make investments. All income received from investments is to be utilized

for programs which must be of benefit and service to veterans, who are defined by legislative

enactment, or their dependents, and such income is hereby appropriated to the administrative

committee on veterans' affairs on a continuing basis for expenditure upon those programs

selected at the discretion of the administrative committee on veterans' affairs.

Section 26.

1. Thirty percent of total revenue derived from taxes on oil and gas production or

extraction must be transferred by the state treasurer to a special fund in the state

treasury known as the legacy fund. The legislative assembly may transfer funds from

any source into the legacy fund and such transfers become part of the principal of the

legacy fund.

2. The principal and earnings of the legacy fund may not be expended until after June 30,

2017, and an expenditure of principal after that date requires a vote of at least twothirds

of the members elected to each house of the legislative assembly. Not more

than fifteen percent of the principal of the legacy fund may be expended during a

biennium.

3. Statutory programs, in existence as a result of legislation enacted through 2009,

providing for impact grants, direct revenue allocations to political subdivisions, and

deposits in the oil and gas research fund must remain in effect but the legislative

assembly may adjust statutory allocations for those purposes.

The state investment board shall invest the principal of the North Dakota legacy fund. The state

treasurer shall transfer earnings of the North Dakota legacy fund accruing after June 30, 2017,

to the state general fund at the end of each biennium.


ARTICLE ELEVEN

GENERAL PROVISIONS


Section 1. The name of this state shall be "North Dakota." The state of North Dakota shall

consist of all the territory included within the following boundary, to wit: Commencing at a point

in the main channel of the Red River of the North, where the forty-ninth degree of north latitude

crosses the same; thence south up the main channel of the same and along the boundary line

of the state of Minnesota to a point where the seventh standard parallel intersects the same;

thence west along said seventh standard parallel produced due west to a point where it

intersects the twenty-seventh meridian of longitude west from Washington; thence north on said

meridian to a point where it intersects the forty-ninth degree of north latitude; thence east along

said line to place of beginning.

Section 2. The following described seal is hereby declared to be and hereby constituted the

great seal of the state of North Dakota, to wit: A tree in the open field, the trunk of which is

surrounded by three bundles of wheat; on the right a plow, anvil and sledge; on the left, a bow

crossed with three arrows, and an Indian on horseback pursuing a buffalo toward the setting

sun; the foliage of the tree arched by a half circle of forty-two stars, surrounded by the motto

"Liberty and Union Now and Forever, One and Inseparable"; the words "Great Seal" at the top;

the words "State of North Dakota" at the bottom; "October 1st" on the left and "1889" on the

right. The seal to be two and one-half inches in diameter.

Section 3. All flowing streams and natural watercourses shall forever remain the property of

the state for mining, irrigating and manufacturing purposes.

Section 4. Members of the legislative assembly and the executive and judicial branches,

except such inferior officers as may be by law exempted, before they enter on the duties of their

respective offices, shall take and subscribe the following oath or affirmation: "I do solemnly

swear (or affirm as the case may be) that I will support the Constitution of the United States and

the Constitution of the State of North Dakota; and that I will faithfully discharge the duties of the

office of _________ according to the best of my ability, so help me God" (if an oath), (under

pains and penalties of perjury) if an affirmation, and any other oath, declaration, or test may not

be required as a qualification for any office or public trust.

Section 5. Unless otherwise provided by law, all meetings of public or governmental bodies,

boards, bureaus, commissions, or agencies of the state or any political subdivision of the state,

or organizations or agencies supported in whole or in part by public funds, or expending public

funds, shall be open to the public.

Section 6. Unless otherwise provided by law, all records of public or governmental bodies,

boards, bureaus, commissions, or agencies of the state or any political subdivision of the state,

or organizations or agencies supported in whole or in part by public funds, or expending public

funds, shall be public records, open and accessible for inspection during reasonable office

hours.

Section 7. The legislative assembly, in order to ensure continuity of state and local

governmental operations in periods of emergency resulting from disasters caused by enemy

attack, shall have the power and immediate duty (1) to provide for prompt and temporary

succession to the powers and duties of public offices, of whatever nature and whether filled by

election or appointment, the incumbents of which may become unavailable for carrying on the

powers and duties of such offices, and (2) to adopt such other measures as may be necessary

and proper for ensuring the continuity of governmental operations including, but not limited to,

waiver of constitutional restrictions upon the place of transaction of governmental business,

upon the calling of sessions of the legislative assembly, length of sessions, quorum and voting

requirements, subjects of legislation and appropriation bill requirements, upon eligibility of

legislators to hold other offices, residence requirements for legislators, and upon expenditures,

loans or donations of public moneys. In the exercise of the powers hereby conferred the

legislative assembly shall in all respects conform to the requirements of this constitution except

to the extent that in the judgment of the legislative assembly so to do would be impracticable or

would admit of undue delay.

Section 8. The house of representatives shall have the sole power of impeachment. The

concurrence of a majority of all members elected shall be necessary to an impeachment.

Section 9. All impeachments shall be tried by the senate. When sitting for that purpose the

senators shall be upon oath or affirmation to do justice according to the law and evidence. No

person shall be convicted without the concurrence of two-thirds of the members elected. When

the governor or lieutenant governor is on trial, the presiding judge of the supreme court shall

preside.

Section 10. The governor and other state and judicial officers, except county judges,

justices of the peace and police magistrates, shall be liable to impeachment for habitual

drunkenness, crimes, corrupt conduct, or malfeasance or misdemeanor in office, but judgment

in such cases shall not extend further than removal from office and disqualification to hold any

office of trust or profit under the state. The person accused, whether convicted or acquitted,

shall nevertheless be liable to indictment, trial, judgment and punishment according to law.

Section 11. All officers not liable to impeachment shall be subject to removal for

misconduct, malfeasance, crime or misdemeanor in office, or for habitual drunkenness or gross

incompetency in such manner as may be provided by law.

Section 12. No officer shall exercise the duties of his office after he shall have been

impeached and before his acquittal.

Section 13. On trial of impeachment against the governor, the lieutenant governor shall not

act as a member of the court.

Section 14. No person shall be tried on impeachment before he shall have been served

with a copy thereof, at least twenty days previous to the day set for trial.

Section 15. No person shall be liable to impeachment twice for the same offense.

Section 16. The reserve militia of this state consists of all able-bodied individuals eighteen

years of age and older residing in the state, unless exempted by the laws of the United States or

of this state. The active militia is the national guard of this state and consists of individuals who

volunteer and are accepted unless exempted by the laws of the United States or of this state.

An individual whose religious tenets or conscientious scruples forbid that individual to bear arms

may not be compelled to do so in times of peace, but that individual shall pay an equivalent for a

personal service.

Section 17. The militia shall be enrolled, organized, uniformed, armed and disciplined in

such a manner as shall be provided by law, not incompatible with the constitution or laws of the

United States.

Section 18. The legislative assembly shall provide by law for the establishment of volunteer

organizations of the several arms of the service, which shall be classed as active militia; and no

other organized body of armed men shall be permitted to perform military duty in this state

except the army of the United States, without the proclamation of the governor of the state.

Section 19. All militia officers shall be appointed or elected in such a manner as the

legislative assembly shall provide.

Section 20. The commissioned officers of the militia shall be commissioned by the

governor, and no commissioned officer shall be removed from office except by sentence of

court-martial, pursuant to law.

Section 21. The militia forces shall in all cases, except treason, felony or breach of the

peace, be privileged from arrest during their attendance at musters, parades and elections of

officers, and in going to and returning from the same.

Section 22. The right of the debtor to enjoy the comforts and necessaries of life shall be

recognized by wholesome laws, exempting from forced sale to all heads of families a

homestead, the value of which shall be limited and defined by law; and a reasonable amount of

personal property; the kind and value shall be fixed by law. This section shall not be construed

to prevent liens against the homestead for labor done and materials furnished in the

improvement thereof, in such manner as may be prescribed by law.

Section 23. The real and personal property of any woman in this state, acquired before

marriage, and all property to which she may, after marriage become in any manner rightfully

entitled, shall be her separate property, and shall not be liable for the debts of her husband.

Section 24. The labor of children under twelve years of age, shall be prohibited in mines,

factories and workshops in this state.

Section 25. The legislative assembly shall not authorize any game of chance, lottery, or gift

enterprises, under any pretense, or for any purpose whatever. However, the legislative

assembly shall authorize the state of North Dakota to join a multi-state lottery for the benefit of

the state of North Dakota, and, the legislative assembly may authorize by law bona fide

nonprofit veterans', charitable, educational, religious, or fraternal organizations, civic and

service clubs, or such other public-spirited organizations as it may recognize, to conduct games

of chance when the entire net proceeds of such games of chance are to be devoted to

educational, charitable, patriotic, fraternal, religious, or other public-spirited uses.

Section 26. The legislative, executive, and judicial branches are coequal branches of

government. Elected members and officials of each branch shall receive as compensation for

their services only such amounts as may be specifically set by law. Payment for necessary

expenses shall not exceed those allowed for other state employees.

Section 27. Hunting, trapping, and fishing and the taking of game and fish are a valued part

of our heritage and will be forever preserved for the people and managed by law and regulation

for the public good.

Section 28. Marriage consists only of the legal union between a man and a woman. No

other domestic union, however denominated, may be recognized as a marriage or given the

same or substantially equivalent legal effect.

Section 29. The right of farmers and ranchers to engage in modern farming and ranching

practices shall be forever guaranteed in this state. No law shall be enacted which abridges the

right of farmers and ranchers to employ agricultural technology, modern livestock production,

and ranching practices.


ARTICLE TWELVE

CORPORATIONS OTHER THAN MUNICIPAL


Section 1. The term "corporation", as used in this article, does not embrace

municipalities or political subdivisions of the state unless otherwise expressly stated.

Section 2. All corporations existing or hereafter chartered hold the charter subject to the

provisions of this constitution. The legislative assembly may provide by general laws for the

organization and regulation of corporations, and any law, so enacted, is subject to future repeal

or amendment.

Section 3. Repealed.

Section 4. Repealed.

Section 5. The exercise of the right of eminent domain shall never be abridged, or so

construed as to prevent the legislative assembly from taking the property and franchises of

incorporated companies and subjecting them to public use; the same as the property of

individuals; and the exercise of the police power of this state shall never be abridged, or so

construed as to permit corporations to conduct their business in such a manner as to infringe the

equal rights of individuals or the general well-being of the state.

Section 6. Unless otherwise provided in the articles of incorporation, in all elections for

directors or managers of a corporation, each member or shareholder may cast the whole number

of the member's or shareholder's votes for one candidate, or distribute them upon two or more

candidates, as the member or shareholder may prefer, provided, any cooperative corporation

may adopt bylaws limiting the voting power of its stockholders.

Section 7. Repealed.

Section 8. Repealed.

Section 9. Repealed.

Section 10. No law shall be passed by the legislative assembly granting the right to

construct and operate a street railroad, telegraph, telephone or electric light plant within any city,

town or incorporated village, without requiring the consent of the local authorities having the

control of the street or highway proposed to be occupied for such purposes.

Section 11. Repealed.

Section 12. Repealed.

Section 13. Repealed.

Section 14. Repealed.

Section 15. Repealed.

Section 16. Any combination between individuals, corporations, associations, or either

having for its object or effect the controlling of the price of any product of the soil or any article of

manufacture of commerce, or the cost of exchange or transportation, is prohibited and hereby

declared unlawful and against public policy; and any and all franchises heretofore granted or

extended, or that may hereafter be granted or extended in this state, whenever the owner or

owners thereof violate this article shall be deemed annulled and become void.

Section 17. Repealed.


ARTICLE THIRTEEN

COMPACT WITH THE UNITED STATES


The following article shall be irrevocable without the consent of the United States and the

people of this state:

Section 1. Perfect toleration of religious sentiment must be secured, and no inhabitant of

this state may ever be molested in person or property on account of that person's mode of

religious worship.

Section 2. Jurisdiction is ceded to the United States over the military reservations of Fort

Abraham Lincoln, Fort Buford, Fort Pembina, and Fort Totten, heretofore declared by the

president of the United States; provided, legal process, civil and criminal, of this state, extends

over those reservations in all cases in which exclusive jurisdiction is not vested in the United

States, or of crimes not committed within the limits of those reservations. The legislative

assembly may provide, upon the terms and conditions it adopts, for the acceptance of any

jurisdiction as may be delegated to the state by act of Congress.

Section 3. The state of North Dakota hereby accepts the several grants of land granted

by the United States to the state of North Dakota by an Act of Congress entitled "An act to

provide for the division of Dakota into two states, and to enable the people of North Dakota,

South Dakota, Montana and Washington to form constitutions and state governments, and to be

admitted into the union on equal footing with the original states, and to make donations of public

lands to such states," under the conditions and limitations therein mentioned; reserving the right,

however, to apply to Congress for modification of said conditions and limitations in case of

necessity.

Section 4. All other provisions of the Enabling Act of Congress approved on

February 22, 1889, 25 United States Statutes at Large 676, chapter 180, and section 1 of this

article of the Constitution of North Dakota, as section 1 existed immediately before the adoption

of this section, are continued in effect as though fully recited and continue to be irrevocable

without the consent of the United States and the people of this state.


TRANSITION SCHEDULE

Sections 1 to 25. Repealed.

Section 26. The legislative assembly shall provide for the editing, and for the publication

in an independent volume, of this constitution as soon as it shall take effect, and whenever it

shall be altered or amended, and shall cause to be published in the same volume the Declaration

of Independence, the Constitution of the United States and the Enabling Act.

Page No.







This is the constitution for the State of North Dakota

00:00:00


















00:01:17












00:02:34













00:03:51














00:05:08












00:06:25













00:07:42












00:08:59






















00:10:16

















00:11:13













00:12:50
















00:14:07














00:15:24















00:16:41


















00:17:58












00:19:15















00:20:32













00:21:49










00:23:06



















00:24:23












00:25:40











00:26:57














00:28:14



















00:29:31














00:30:48















00:32:05














00:33:22















00:34:39













00:35:56















00:37:13



















00:38:30












00:39:47














99:41:04













00:42:21












00:43:38















00:44:55























00:46:12












00:47:29














00:48:46















00:50:03


















00:51:20















00:52:37





















00:53:54















00:55:11















00:56:28



















00:57:45















00:59:02

















01:00:19













01:01:36

















01:02:53




















01:04:10















01:05:27












01:06:44














01:08:01












01:09:18













01:10:35













01:11:52













01:13:09













01:14:26














01:15:43













01:17:00













01:18:17
















01:19:34















01:20:51





















01:22:08











01:23:25















01:24:42











01:25:59
















01:27:16












01:28:33













01:29:50















01:31:07














01:32:24















01:33:41












01:34:58

















01:36:15















01:37:32












01:38:49













01:40:06















01:41:23













01:42:40















01:43:57














01:45:14















01:46:31














01:47:48

















01:49:05












01:50:22











01:51:39















01:52:56















01:54:13
















01:55:30










01:56:47

















01:58:04











01:59:21




















02:00:38













02:01:55



















02:03:12



















02:04:29













02:05:46
















02:07:02