How Do Measures Get on the Ballot in North Dakota?
North Dakotans will find two statewide questions on their November 3 ballots, and the two got there in different ways. Measure 1, which would require 60% voter approval for future constitutional amendments, is on the ballot because the Legislative Assembly voted to put it there. Measure 2, which would require public schools to provide free breakfast and lunch, is there because North Dakota citizens collected signatures from tens of thousands of North Dakotans.
Those are the only two roads to a statewide ballot measure in North Dakota. Knowing which one a measure took tells you who put the question to voters and what steps it had to clear.
A power North Dakotans have used since 1914
North Dakota voters wrote the initiative and referendum process into the state constitution in 1914 and used the process for the first time in 1919, when a referendum election upheld the laws that created the Bank of North Dakota and the State Mill and Elevator.
By the Secretary of State's count, about 518 measures reached the ballot between statehood and 2022, and more than half of them (274) got there by petition.
Initiative, referendum, ballot measure: what the terms mean
A ballot measure is any question voters decide directly instead of leaving it to elected officials. North Dakota has four kinds, and the Secretary of State's office sorts them by who starts them and what they change.
One kind comes from the Legislative Assembly. A constitutional measure is an amendment to the state constitution that lawmakers vote to send to the ballot, and it needs no signatures.
The other three start with citizens and a petition. An initiated constitutional measure amends the constitution and needs 31,164 signatures in 2026 to get on the ballot. An initiated statutory measure creates or changes a state law and needs 15,582 signatures. A referendum forces a public vote on a law the Legislature just passed, and it also needs 15,582 signatures.
An initiative proposes something new. A referendum challenges something lawmakers have already done. "Initiative and referendum" is the usual shorthand for the two together.
The signature requirements come from the constitution: 4% of the state's population at the last census for a constitutional amendment, and 2% for a statute or a referendum.
A referendum also runs on a tight clock. Petitions are due within 90 days of the law being filed with the Secretary of State. If the petition qualifies, the law is generally on hold until voters decide, though emergency measures stay in effect.
The Legislature's route: how Measure 1 got here
Lawmakers can send a proposed constitutional amendment to voters with a majority vote in the House and in the Senate. No petition is involved, and the governor does not sign off.
Measure 1 began as House Concurrent Resolution 3003 in the 2025 session, sponsored by House Speaker Robin Weisz of Hurdsfield. The House passed it 65–28 on January 29, 2025. The Senate followed, 33–13, on April 9.
If voters approve it, future constitutional amendments would be decided by minority rule rather than the simple majority threshold used to pass amendments today. The higher bar would apply to constitutional amendments proposed by citizens and by the Legislature alike. Initiated statutes would still pass with a majority.
The citizens' route: how Measure 2 got here
A citizen-initiated measure has more steps, set out in Article III of the state constitution and in the Secretary of State's petition rules.
- Find sponsors. At least 25 North Dakota voters sign on as the sponsoring committee and submit the petition to the Secretary of State.
- Get approval to circulate. Nobody can sign until the Secretary of State approves the petition. Since the June 2026 vote, a proposed constitutional amendment also has to stick to a single subject, or it will not be approved.
- Gather signatures. Sponsors have one year, and every petition has to carry the full text of the measure.
- File on time. Completed petitions are due at least 120 days before the election.
- Pass signature review. The Secretary of State's office has 35 days to check the signatures.
The Together for School Meals coalition turned in its petitions on April 9, 2026. The Secretary of State's office counted 57,419 signatures, rejected 8,081 for incorrect or incomplete information, and accepted 49,338. That was 18,174 more than the measure needed, and it was approved for the ballot on May 14.
Can a measure be taken off the ballot?
Yes, and it has happened to both citizen-initiated measures and legislatively referred measures. The constitution sends disputes over the Secretary of State's petition decisions straight to the North Dakota Supreme Court.
In August 2020, the court unanimously removed Measure 3, a citizen-initiated amendment on elections and redistricting, two weeks after it had been certified. The petition cited a state law without printing it, and the justices ruled in Haugen v. Jaeger that it failed the full-text requirement.
In June 2026, the court removed a measure referred by the Legislature. Lawmakers had voted to ask voters to change the legislative term limits that voters approved by initiative in 2022. Two members of that 2022 sponsoring committee, Grand Forks County Commissioner Terry Bjerke and former state Sen. Oley Larsen, sued. The court ruled unanimously that the term limits article bars the Legislature from proposing changes to it.
Where both routes end
However a measure reaches the ballot, the last step is the same. Voters decide, and each measure passes or fails by a majority of the votes cast on it – for now. If measure 1 passes, future votes on constitutional amendments could be blocked by just more than 40% of votes cast.
Sources
- North Dakota Secretary of State: Types of Ballot Measures, Drafting Ballot Measures, Measures on Ballot, History of Initiative and Referendum, Absentee Voting
- North Dakota Secretary of State news releases: school meals petition, May 14, 2026; congressional age limits petition, March 15, 2024
- North Dakota Legislative History: HCR 3003
- Prairie Public: House vote on HCR 3003, Senate vote on HCR 3003
- North Dakota Monitor: Supreme Court tosses term limits ballot measure, June 25, 2026; voters adopt single-subject rule, June 9, 2026
- KVLY/Valley News Live: single-subject amendment results, term limits ruling
- Ballotpedia News: 2020 Measure 3 removed from ballot, background on the 2026 single-subject rule
Frequently Asked Questions
How many votes does a measure need to pass?
A majority of the votes cast on that question. Measure 1 would raise that to 60% for future constitutional amendments.
Can I vote by mail?
Yes. Any eligible voter can request an absentee ballot without giving a reason. Your ballot has to be received by the close of polls on Election Day. You can return it by mail, at a county drop box or in person at the county auditor's office, but not at a polling place.
Do I need to register to vote?
No. North Dakota is the only state without voter registration. You do need a valid ID that shows your name, current North Dakota residential address and date of birth.
When is the next election in North Dakota?
The general election is Tuesday, November 3, 2026. Absentee voting is already underway.
What's on my ballot in North Dakota?
Enter your address at vote.nd.gov to see your own sample ballot. Statewide, there are two measures in November 2026: Measure 1, the 60% threshold for constitutional amendments, and Measure 2, free school meals. The Secretary of State posts the full text and an analysis of each on its Measures on Ballot page.
Can I vote early on Amendment L?
Yes. South Dakota offers early voting options. Because hours and locations can vary by county and election cycle, check South Dakota's Secretary of State website directly for current early voting information.
How do I make sure I'm registered to vote on Amendment L?
Check your voter registration status well before the election — especially if you've moved or haven't voted in recent cycles. Visit South Dakota's Secretary of State website for current registration deadlines, requirements, and to confirm your registration is active.
What would Measure 1 change?
It would make it significantly harder for constitutional amendments to pass. Under the current system, a majority of North Dakotans can approve a constitutional change. Under Measure 1, a minority of just over 40% could block an amendment even if most North Dakotans supported it. When you look at actual voter turnout, the number of North Dakotans who could overrule an amendment is actually even smaller—more like 20%. Imagine a scenario where 1 in 5 people control a vote, even if 4 out of 5 want something different to happen—that's what could happen if Measure 1 passes.
Does a supermajority requirement apply to all elections?
No. Some apply only to citizen-initiated measures, not to legislatively referred measures. Some supermajority requirements apply only to constitutional amendments, not to statutory ballot measures. The specifics vary significantly from state to state.
Is a supermajority requirement the same as minority rule?
In practice, any supermajority threshold gives a minority coalition the power to defeat a majority-supported measure. The higher the threshold, the greater the power of the minority. If 60% is required for passage, a blocking coalition needs only 40% of voters plus one vote to be successful
What is the main argument for a supermajority requirement?
Proponents argue that important decisions — such as changes to a state constitution — should reflect a very broad social consensus rather than a narrow majority.
What is the main argument against a supermajority requirement?
Critics argue that supermajority requirements create minority rule by allowing a smaller group of voters to block policies supported by a majority, undermining the core democratic principle that the side with more votes wins.
