On February 21, the North Dakota House defeated HB 1417 by 23-69. It would have ended the unique North Dakota requirement that a party have a large turnout in its open primary if it wants to nominate any legislative candidates. The existing law has kept all minor party candidates for the legislature off the ballot since 1976.

The bill also would have lowered the vote test for a party to remain on the ballot, from 5% to 2%. Currently the Libertarian Party is on the ballot, because last year Gary Johnson polled over 5% of the vote. That was the first time any party, other than the Democratic and Republican Parties, had met the North Dakota vote test since 1996, when the Reform Party also met it.