Bismarck, ND – North Dakota voters will consider a ballot measure this fall that proposes requiring at least 60% approval for future amendments to the state constitution. Supporters argue Measure 1 would protect the state's foundational document, while opponents contend it would make it harder for citizens to enact changes.
The Republican-led Legislature placed Measure 1 on the ballot. The debate over the proposed 60% threshold was recently highlighted on the Plain Talk Podcast, featuring proponent James Kerian, a Grafton businessman chosen by StrongND, and opponent Dustin Gawrylow, director of the North Dakota Watchdog Network.
Kerian stated that North Dakota’s constitution provides a stable foundation for state government, and Measure 1 would ensure broad agreement on any alterations. He emphasized that the constitution outlines "fundamental, core principles: limiting the government, recognizing the rights that we have and wielding, of course, tremendous power right there at the foundation of our state government." Kerian added that voters, who must approve all constitutional changes whether from the Legislature or initiated measures, would retain the ultimate say.
Kerian also cited out-of-state organizations, such as the D.C.-based Fairness Project, as targeting North Dakota’s constitution with significant funding. According to online campaign finance filings, the Fairness Project has spent over $1.6 million opposing Measure 1. Kerian described the group as pushing a "left-wing agenda" on red states through ballot measures, noting that "Abortion is certainly one of the issues where the Fairness Project pushes a very left-wing agenda." He characterized Measure 1 as a safeguard against a "future threat" from an "extremely well funded, left-wing organization" passing an "extreme agenda on any subject by very narrow margins."
Conversely, Gawrylow argued that Measure 1’s higher bar would impede the ability to fix or reverse constitutional provisions, effectively granting control to a minority bloc of 40% plus one vote. While acknowledging out-of-state money as a legitimate issue, Gawrylow pointed to StrongND, which he said is aligned with Republican Gov. Kelly Armstrong and has spent nearly $1 million supporting Measure 1 without disclosing its donors. Gawrylow suggested that discussions about campaign spending on both sides divert attention from the merits of the measure itself.
Gawrylow also asserted that the Legislature has consistently sought to limit the initiative process. He distinguished between those who genuinely believe the constitution is under attack and those who are vindictive and distrust voters. Gawrylow contended that the initiative process serves as a "pressure relief valve" for North Dakota’s dominant Republicans, suggesting that without it, citizens might be more inclined to elect Democrats.
Rob Port and Chad Oban, moderators of the Plain Talk Podcast, questioned whether the 60% threshold is intended to thwart an abortion rights amendment. North Dakota Right to Life has cited other states that approved abortion rights measures with less than 60% support, stating that in North Dakota, "the difference between 50% and 60% could determine whether abortion is written into our state Constitution." Kerian confirmed that Measure 1 is not about past amendments, but about this "future threat."
Lawmakers have expressed frustration for years over out-of-state groups funding constitutional initiatives on topics such as crime victim rights, state government ethics, and term limits, all of which voters approved. The Legislature has previously attempted to make it more difficult to change the constitution, with limited success until June when voters approved a single-subject rule for constitutional amendments.
Kerian highlighted that the "vast majority of constitutional amendments voters have approved over the last 20 years have had 60% support or greater." Examples include measures creating the Legacy Fund, crime victim rights, legislative and gubernatorial term limits, and a congressional age limit, with some garnering over 80% support. He said, "This is not some impossible-to-reach threshold that good ideas will not be able to clear," drawing a comparison to the U.S. Constitution's high amendment thresholds.
Gawrylow, however, questioned whether North Dakota should alter a century-old process to allow a minority of voters to have power over the majority, asking, "Why would we hold ourselves to a higher bar just because somebody else is taking advantage of the system?" Measure 1, which proposes the 60% threshold for future constitutional amendments, itself requires only a simple majority to pass. The measure would not apply to ballot initiatives affecting state law.
