Bismarck, ND – North Dakota voters will decide this fall whether to require at least 60% approval for future amendments to the state constitution. Measure 1, if approved, would raise the bar from the current simple majority, a move its supporters say would protect the state's foundational document, while opponents argue it would make citizen-initiated changes harder to achieve.
The debate over Measure 1 played out recently 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. The Republican-led Legislature put Measure 1 on the ballot for voter consideration.
Kerian articulated that North Dakota’s constitution provides a stable foundation for state government, and Measure 1 would ensure broad agreement on any alterations. He highlighted that this document contains the state's fundamental, core principles, limiting government and recognizing rights. Kerian also expressed concern over out-of-state organizations, such as the D.C.-based Fairness Project, which he claims target North Dakota’s constitution to push a "left-wing agenda" in "red states." He noted online campaign finance filings show the Fairness Project has spent more than $1.6 million to oppose Measure 1. Kerian stated the measure is not about past amendments, but rather about a "future threat" rapidly approaching North Dakota, intending to provide protection against an "extreme agenda on any subject passed on very narrow margins" by well-funded groups. He pointed to the U.S. Constitution's high thresholds for amendments, like the requirement of three-quarters support from all 50 states, as a "tried and true method of protecting a constitution."
Gawrylow, however, argued that Measure 1’s higher threshold would make it more difficult 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 concern, Gawrylow also brought up StrongND, the group backing Measure 1 and aligned with Republican Gov. Kelly Armstrong, which has spent nearly $1 million but is not required to disclose its donors. He suggested that arguments over who is spending money on either side distract from the merits of the measure itself. Gawrylow contended that the Legislature has consistently attempted to diminish the initiative process. He further stated that the initiative process acts as a "pressure relief valve" for North Dakota’s dominant Republican-run Legislature, arguing that without it, citizens might have stronger reasons to elect Democrats. He questioned whether North Dakota should change a century-old process to allow a minority of voters to wield power over the majority.
During the podcast, moderator Chad Oban raised the question of whether the 60% threshold is intended to thwart a potential abortion rights amendment. North Dakota Right to Life has cited instances in other states where abortion rights measures passed with less than 60% of the vote, stating that a 50% to 60% difference could determine whether abortion rights are enshrined in North Dakota’s constitution in the future. Kerian commented that abortion is "certainly one of the issues where the Fairness Project pushes a very left-wing agenda."
Lawmakers, Gawrylow added, might be behind the measure because they "don’t like the citizens telling them what to do." State lawmakers have previously expressed frustration with out-of-state groups funding constitutional initiatives on various topics, including crime victim rights, government ethics, and term limits, all of which voters ultimately approved. The Legislature has presented measures to voters in prior years aimed at making constitutional changes harder, with limited success until last June, when voters approved a single-subject rule for constitutional amendments. Kerian noted that the vast majority of constitutional amendments approved by voters over the last 20 years, such as those creating the Legacy Fund and establishing term limits, have already garnered 60% support or greater. Measure 1 itself requires only a simple majority to pass and does not apply to ballot initiatives affecting state law.
