Measure 1 is constitutionally deficient
Clarence F. “Rick” Olson , Fargo
North Dakota Constitutional Measure 1 is an initiative which would impose term limits for governor and state legislators.
This initiative is on the ballot in North Dakota as an initiated constitutional amendment, which has been placed on the Nov. 8, 2022, general election ballot.
A “Yes” vote supports limiting the governor to serving two four-year terms and limiting state legislators to serving eight years in the state House of Representatives and eight years in the state Senate. A “No” vote opposes enacting term limits on the governor and state legislators. A simple majority vote is required to either approve or reject the measure.
In my layman’s opinion, and I am not an attorney nor a legal expert, I believe this measure is constitutionally flawed. The reason being is that a measure should only address one subject. Measure 1, while addressing the single subject of term limits, would affect two completely different and separate branches of government. Those being the executive and the legislative.
Accordingly, the argument could be made that imposing term limits upon the executive branch and imposing term limits upon the legislative branch could be interpreted as two completely different subjects being affected by the same measure.
While I don’t necessarily oppose term limits in and of themselves, I must oppose this measure in its current form. I believe this measure does not go far enough. If North Dakotans want term limits, then said limits should apply equally across the board. It is my opinion that term limits should affect all of North Dakota’s elected constitutional officers (governor, lieutenant governor, secretary of state, attorney general and so forth) as well as members of the Legislative Assembly.
Another question which occurs to me is this. In North Dakota, the governor and lieutenant governor are elected as a team. In other words, the candidates for governor and lieutenant governor do not appear separately on the ballot. Accordingly, I believe this measure cannot single out the governor for term limits and not the lieutenant governor as well.
In the final analysis, I am voting No on Measure 1 and would encourage all North Dakotans to do the same. We should defeat this measure for now; and I would certainly be open to supporting a new measure which imposes term limits equally across the board, as I mentioned earlier in this column.
